NORTHWESTERN
UNIVERSITY
LIBRARY
EVANSTON
ILLINOIS
TRANSLATIONS AND REPRINTS
FROM THE
Original Sources of European History
(Established 1894)
SECOND SERIES, VOL. 11
PUBLISHED BY
The Department of History of the University of Pennsyivania
PHILADELPHIA
Sold by: LONGMANS, GREEN & CO., 91-93 Fifth Avenue, New York.
q4ü
P4\
2-
v.o.
;^/ f
THE
MERCHANT ADVENTURERS
OF
ENGLAND
THEIR LAWS AND ORDINANCES
WITH
OTHER DOCUMENTS
W. E. LINGELBACH, Ph.D.
" They were powerful and active men, they who broke the ban
which lay for long on the commerce of the EJnglish, and obtained
for the English flag and the English traders a recognized position
in the world's affairs.'*—Schanz, Handelspolitik^ I, 327.
Copyright, 1902,
by
WIIvI^IAM K. LINGELBACH.
PREFACE.
The present volume was first suggested by my studies ou the
"Internal Organization and the Seat of Government of the Mer¬
chant Adventurers."^ While pursuing investigations in that
connection, I came constantly upon facts and conditions which
revealed that the activities and influence of the Merchant Ad¬
venturers^ were vastly more widespread and important than is
generally supposed. Evidence, proving conclusively the con¬
tinued existence of the Fellowship down to the early nineteenth
century, a date almost two hundred years later than the period
with which the studies on the Adventurers usually conclude, was
also found. Furthermore, there exist in some of the best sec¬
ondary writers on English economic history in regard to the
Adventurers' Society, statements and theories that are plainly out
of accord with the testimony of the sources. Some of these pertain
to the essential features of the Society's organization and history,
and therefore call for especial investigation. It was to draw atten¬
tion to these facts, and to assist, in a modest way, in the work of
clearing up the history of an organization whose activities have
been of such vital importance to English economic and political
development, that the publication of this volume was undertaken.
Of the sources for the history of the Merchant Adventurers,
Schanz says: Die Literatur über die Merchant Adventurers ist
ausserordentlich dürftig ; die Neuzeit hat dem Gegenstand so gut
wie keine Beachtung geschenkt. Alle Nachrichten^ die man übet
disselben gelegentlich findet, sind direct oder indirect aus Flug-
^ The Internal Organization and Seat of Government of the Merchant Adven¬
turers, Trausactlons of the Royal Historical Society, Vol. XV, pp. 1-45.
® This is the form of the name used by the secondary writers. It should be
noted, however, that the official name in the charters and acts always has the
plural of the word merchant, thus " the Governour, Assistants and Fellowship
of the Merchant Adventurers of England." This is true likewise of Wheeler
and others of the early 17th century. In connection with the documents of
this volume, I have adhered to the old spelling.
vii
viii thb merchant adventurers of ENGEAND.
und Parteischriften des // Jahrhunderts geflossen^ ^ During the
twenty years that have elapsed since this statement was made, so
much admirable work on historical manuscripts and other sources
for English history has been done that it needs radical modifica¬
tion. We need no longer be dependent upon the pamphlets of the
17th centuries for our knowledge of the Adventurers. These are
frequently prejudiced, and for much of the history of the Society
they are at best secondary in character. Within recent years a
great deal of new and important material of a primary nature
has been found ; public and private records have been made
accessible and manageable. Many of these, both for England
and the Continent, are replete with facts of the life and activities
of the Adventurers. In one respect, however, recent investigation
and study have proved fruitless. The one great hiatus in the
sources for the history of the Society still exists; for nowhere has
there been found a definite clue to the existence and whereabouts
of the private records of the Fellowship. That these were
numerous and very extensive can be shown conclusively, and
I have every reason to entertain the hope that ere long some at
least may be found. Until this happens, the Laws and Ordinances
must continue to occupy a unique place among the sources for the
history of the Fellowship, and must furnish the chief material for
the study of its organization and character.
The only copy of the Laws and Ordinances known to be in ex¬
istence, and of which the text in this volume is a careful reprint,
is found among the Additional Manuscripts of the British Museum.
It consists of a large folio volume of over 200 pages, on vellum,
with the original binding in leather, enforced by heavy brass
mountings and clasps. Thus far I have been unable to find any
clue to the early history of the manuscript. The Museum bought
it on the 19th of March, 1852, at the sale of the stock of Thomas
Thorpe, a bookseller, but there is nothing in the manuscript itself,
or in the sale catalogue, to throw light on its earlier history.
In editing the document, the manuscript has been followed as
closely as possible, the orthography of the original being adhered
to throughout. The folio paging of the manuscript has been
introduced in the margin of the reprint in order to facilitate com-
^ Schauz, Handelspolitik^ Vol. I, p. 332.
preíface.
ix
parisou with the original when desirable. Every attempt at a crit¬
ical editing of the individual ordinances with reference to the time
and place of their adoption, the circumstances that called them
forth, and their relation to other ordinances dealing with the same
subject, has been scrupulously avoided. Only a very long and in¬
timate acquaintance with the subject would render consistent edit¬
ing along these lines possible.
The date of the manuscript demands attention. The supposition
that it is the original codification made by Wheeler's own hand in
1608 is probably incorrect; for the ordinances of 1611 are in the same
handwriting as the main body of the manuscript, and were appa¬
rently written at the same time, as, for example, the ordinance on
folio 92, ' ' enacted at Middlebroughe the last day of December anno
1611." On the other hand, all ordinances enacted after December
of 1611 were added by a different hand. Thus an ordinance on
folio 92, " Enacted at a General Court holden in Hambrough the
27th daye of ffebruary anno 1612"—is in a different hand from
those preceding it. There is therefore strong reason for the view
that the main body of the text of the laws is a copy made in 1611,
probably from the original by Wheeler. Ordinances after that
date were added in a somewhat haphazard manner from time to
time, provision for the additions being made in the document by
leaving blank folios at the end of each division or chapter. Some
of these were made as late as 1770. Article fifty-two of the first
chapter concludes with the words, "these last four articles were
transcribed at London the 13th February 1770 by Nehemiah
Nisbeth, Secretary."
The other sources published in this volume have been selected
partly with the object of presenting, in so far as that is possible in
so small a space, an outline narrative of the external history of the
Fellowship; of its origin and loose organization during the early
centuries of its existence; of its incorporation, monopoly rights
and extended activities in the i6th and 17th centuries; and finally,
of its gradual decline after the loss of these privileges till it appears
as an ancient and honorable Society, but of little importance, in
Hamburg at the opening of the last century. If taken collectively,
the sources following the longer document of the Zazcs and Ordi¬
nances can be made to tell this story in a fairly consistent fashion
X THE MERCHANT ADVENTURERS OF ENGLAND.
for a period extending over a much greater length of time than
has ever been done. Taken separately, the documents contain
a great deal of information bearing upon the internal life and
organization of the Society.
The character of the sources, and the fact that they are nearly all
available only in manuscript form has made painstaking care a
necessity. But despite this, I am conscious of many shortcomings.
The history of the Fellowship, on pp. xvii-xli, is based largely
on manuscript sources. A great deal of interest and of importance
had to be omitted, or if introduced, left standing without support,
by illustration or otherwise, for lack of space. Besides the data
for much of the subject is still quite fragmentary; a great deal of
work remains to be done on special phases of the life of the Society
before its history can be definitively written. The " Brief History "
as it stands, is the first attempt to carry the story of the Adven¬
turers beyond the opening of the 17th century; much of it is there¬
fore new ground and necessarily far from complete.
A comprehensive bibliography of the sources for the history of
the Adventurers, with critical and descriptive accounts of the most
important of these, is now well on toward completion, but before
publication it is my purpose to subject it to a careful revision by a
second direct comparison with the documents in the various
archives of Europe.
In conclusion, I am happy at the opportunity of expressing my
sincere gratitude and indebtedness to Hubert Hall, Esq., Mr.
Joseph G. Rosengarten and Professor E. P. Cheyney for valuable
assistance and encouragement while the work was in progress.
W. E. Lingelbach.
University of Pennsylvania.
CONTENTS.
PAGE
The Merchant Adventurers, A Brief History : Name and ex¬
tent of their history—Government and internal organiza¬
tion—Membership—Places, manner and character of trade—
Local or subsidiary fellowships—Highly developed organiza¬
tion—Origin and early history—Rivalry with the Staplers—
Conflict with the Hanse—Triumph over the League—Incor¬
poration—The Fellowship in Fngland during the i6th and
17th centuries—.Influence and participation in political mat¬
ters—Life abroad during the period—The foreign residences
—Continuation at Hamburg till the 19th century.... xvii-xli
The Laws and Ordinances : Government and courts—The
governor and 24 assistants—Their authority—The deputy
and associates—Qualifications for holding office—Authority
and duties of the officers—Calling of courts—Disfranchise¬
ment and re-admittance—Procedure in court, absence and
late coming—Monies, fines, brokes, etc. (5)—Admission to
the fellowship—Old and new Hanse—Admission only at a
General Court—Age of apprentices and years of service—
Redemptioners — Patrimony — Admission gratis — Enroll¬
ment—Number of apprentices for each freeman—Rules and
orders concerning both freemen and apprentices (34)—
Shipping—The " stint "—Shipping from Exeter—Shew day,
shew and selling—Indirect trade—Orders concerning the
Brethren of Newcastle—Other orders in "feat of merchan¬
dize " (53)—Bequest moneys and their use (136)—Present¬
ments and the manner of condemning and levying of fines
(147)—Arrests and seizure of person and goods—Proceeding
in causes before the Court (155)—Injuries—Quarreling—
Misdemeanors—Excess—Play and gaming—Separation from
the regular church—Deceit—Keeping of dogs, etc. (169)—
xi
xii MERCHANT ADVENTURERS OF ENGEAND.
Assessments and taxes—Charges to the House (178)—Mar¬
riage with a foreign woman—Purchase of lands and heredi¬
taments abroad (189)—By-law between the Residence of
lyondon and Hamburg (195) 1-197
The Rise and State of the Fellowship : English trade before
Edward HI.—The Brotherhood of St. Thomas à Becket and
the Mercers—The rise of the cloth manufacture and trade—
The charters to the Society—Its trade under Elizabeth and
James 1 198
The Statute of 1497 : Petition of merchants dwelling out of
London—Fines imposed by the London Merchant Adven¬
turers—First pretext for such fines—Its increase from an old
noble to ;¿2o—Provision reducing the fine to ten marks . . 204
Extracts from Wheeler, A Treatise of Commerce : First
institution of the Fellowship—The occasion thereof—Grants
from English sovereigns down to the Charter of 1586 . . . 209
Residence towns of the Adventurers—Territories to which
they trade—Benefits to the mart town 214
The number of Treemen—The state of their trade 215
Extract from "the Debate betweene the Heraldes " .... 217
The Charter of 1407 : Lack of good government and conse¬
quent losses among the merchants trading to Holland, etc.
—Right to assemble—To elect governors—Authority and
duty of the governors, first, among the merchants them¬
selves, second, in their relations with the native merchants—
Making of Ordinances—Command to obedience 218
Extracts from the Charter of Edward IV., 1462 : Lack of good
government and consequent losses among the merchants to
Brabant, etc.—Appointment of Obray as Governor—His
duties and authority—Right to assemble—To elect twelve
justicers—To make statutes, etc.—Appointment of other
officers—Emoluments of the governor—Command to the
merchants to show respect and obedience 221
Extracts from the Charter of Elizabeth of 1464, Incorporating
the Fellowship: Incorporation clause—Appointment of John
CONTENTS.
xiii
Marth as Governor—Appointment of twenty-four assistants
—Election of Deputies—Government vested in the Governor
Deputy and twenty-four assistants—Assembling of courts—
Power to enact laws and ordinances (Abstract of the Char¬
ter) 229
List of the Foreign Grants and Privileges of the Fellowship. 237
Abstract of the Privileges of the Merchant Adventurers at
Dort, 1655 240
Extracts from the Court Register of the Company 244
Ordinance of the Lords and Commons, 1643 : Upholding the
government of the Merchant Adventurers . 247
Extract from the Act of 1688, " laying open " the trade of the
Society 249
Correspondence by Wm. Rycant, Resident at Hamburg . . 250
Letter from the States General of Holland concerning those
of the Society still left in the City of Dort, 1751 253
Letter from Lord Bute to Mr. Mathias, 1761, and the French
note concerning the establishment of a French Company . 254
Correspondence of Thornton, 1805 255
By-law of 1688 (continued from pages 197) 257
KRRATA.
P. lo, 1. 2 from the bottom, un instead of nn in grauntes, and so
throughout the first chapter. The nn occurs most frequently in
the manuscript, but as it is not at all consistent it is apparently un
that is intended.
P. 5, n. I, 1. 6, Merchant instead of Merchants, and so through¬
out the foot-notes to the volume. Cf. p. ix, n. 2.
P. 197, add as a foot-note, "The continuation of the by-law fol¬
lows on page 257."
P. 221, n. 2, add, "The first six lines of the document as found
in Hakluyt are manifestly in the nature of descriptive material by
the writer."
xiv
THE MERCHANT ADVENTURERS OF ENGEAND.
A BRIEF HISTORY.
The story of the Merchant Adventurers covers a period of nearly
six hundred years. Its beginnings date back to the obscure and
unsettled conditions of English commerce of the Middle Ages ; its
end is not till the present century. In 1805 they were still active
in Hamburg, although their Society had long before that time lost
its influence and importance. Of this period two centuries are of
especial importance ; they mark the period of greatest corporate
activity of the Society, and extend approximately from the reign
of the flrst Tudor, Henry VII, to the coming of William and Mary,
the year 1689 marking the final withdrawal of the Fellowship's
monopoly privileges.^ During this period the Adventurers were
thoroughly organized as a society or fellowship, with a well devel¬
oped constitution and numerous by-laws. Their ofi&cial name as it
appears in the charter incorporating and making them a "body
politick," was "The Governour, Assistants and Fellowship of the
Merchants Adventurers of England." The central government
or authority was vested in the hands of "a Governor, or in his
absence, a Deputie, and four and twentie Assistantes in the Marte
Towne. ' ' ^ The " marte towne ' ' was always a city on the continent,
where the Adventurers resided and stapled their commodities. For
it should be remembered at the outset that the Merchant Adven¬
turers were engaged solely in the foreign trade, and the centre of
(their organization was therefore located abroad and not in England,
as one might otherwise expect.®
f The Governor and his assistants were chosen by the Adventurers
issembled in congregation or " general court " on the continent.
Ifhese officers had absolute power to make laws, customs and ordi-
■' ^ Statutes of the Realm, i William and Mary, c. 12. Cf. Extract from the Act,
p. 249.
'Wheeler, Treatise of Commerce, 25.
(. I ® Lingelbach, The Internal Organization of the Merchant A dventurers, Trans-
aiibtions of the Royal Historical Society, Vol. 15, p. 33 flF.
xv
xvi THE MERCHANT ADVENTURERS OP ENGLAND.
nances for the rule of members of the Society and the regulation of
trade. Full authority was conferred upon them to enforce the laws
thus made and to carry them into execution, both among the breth¬
ren of the Fellowship and others " intermeddling " in their trade.^
As Wheeler writes, they "have jurisdiction and full authoritie as
wel from her Majestie as from the Princes, States and Rulers of the
Low Countries, and beyond the seas, without appeale, provocation,
or declination, to ende and determine all civill causes, questions,
and controversies arising betweene or among the brethern, mem¬
bers and suppostes of the said Companie, or betweene them and
others, either English, or Strangers, who either may or will proro¬
gate the Jurisdiction of the said Companie and their court, or are
subject to the same by the priviledges, and Charters thereunto
granted.'"'
It was further the duty of the Governor and his assistants not
only to watch over the interests of the Fellowship as a body, but
to aid and assist the brethren in their private suits, and to defend
the rights of each member to the utmost of their power. The
right to impose heavy fines, to confiscate the goods of inter-
meddlers, or to cast offenders into prison, was guaranteed the
Society by its charters, and used by it with telling effect. A mem¬
ber found guilty of aiding or abetting intermeddling was at once
disfranchised. Violations of the ordinary rules of the Society were
punished by money fines increasing with each repetition of the
offence, and not infrequently culminating in imprisonment. Criti¬
cism of the judgment of the Court was a punishable offence, and,'
appeal to the civil courts was prohibited.
The membership of the Society early in the seventeenth century-
consisted, according to Wheeler, of more than 3500 " wealthie and
well experimented Merchants, dwelling in diverse great Citie^,
Maritime Townes and other parts of the Realme, to wit, Lopdor-i,
Yorke, Norwich, Exeter, Ipswitch, Newcastle, Hull, etc."® Meni-
bership in the Society was by no means easy to attain. Election 10
the freedom, to be valid, must take place in a general court at th}e
^ Laws and Ordinances,-^. €). ® Wheeler, Treatise of Commerce, 2^.
® Wheeler, Treatise of Commerce, 19. To this litt of places Gross adds Bostoja,
Bristol, Devizes, Salisbury and Yarmouth. Gross, Gild Merchant, I, 151. it
should also be noted that the Fellowship had at times local courts or residencies
at various places on the continent.
A BRIEF HISTORY.
xvii
Residence in the mart town. J Eligibility to election as a "free
and sworn brother of the fellowship " demanded the completion of
a term of apprenticeship of eight years, or a right based on patri¬
mony, which required that the father must have been free of the
fellowship before the birth of the son.^ Artisans, unfree persons,
bastards, bankrupts, criminals, and persons of a disreputable
manner of life were debarred, so also all foreigners and even per¬
sons whose parents were not both English. If a member married
a foreign woman or came into the possession of land or heredita-i
ments abroad, he was by that fact itself deprived of his membership!
Among the members " dwelling in diverse great cities, Maritime
Townes and other parts of the Realme," local or subsidiary fellow¬
ships were organized. These were under the direct supervision of
the main body, represented by the governor and assistants or the
" High Court," as it is sometimes called, at the Residence abroad.
For "by the said Governour and Assistantes are also appointed and
chosen a Deputie, and certaine discreet persons, to be associates to
the said Deputie, in all other places convenient, as well within,
as without the realme of England, who all hold correspondence
with the Governour of the Company, and chiefe Court in the
Marte Towne on the other side the seas."
" The parts and places which they trade unto, are the Townes
and Portes lying between the rivers Somme in France and the
Scawe in the Germane sea : ® not into all at once or at each man's
pleasure, but into one or two Towns at the most within the above-
said bounds, which they commonly call the Mart Towne or Townes;
for that there onely they stapled the commodities, which they
brought out of England, and put the same to sale, and bought
such forreigne commodities as the land wanted, and were brought
^ Laws and Ordinances, pp. 34-52.
' Wheeler, Treatise of Commerce, 25. The election of officers for the sub posts
by the Court abroad appears also in the by-laws, cf. Laws and Ordinances, p. 6.
For a more detailed discussion of this question, see my paper on the Internal
Organization of the Society, cited above.
' The trade of the Adventurers was at first confined to the Netherlands, later
it was extended to the boundaries here mentioned, which included also the
territories inland, and Germany. Of. Laws and Ordinances, pp. 53, 59 and 134.
At other times it was much more restricted, cf. R. O. State Papers, Elizabeth,
130. 33-
xviii MERCHANT ADVENTURERS OF ENGLAND.
from far by merchants of diverse " - ' ' " ■> • -
staple commodity of the Advent
cloth manufactory of the Realme." For many years they had a
complete monopoly of the cloth export of England, though they
had had in their early history a more varied commerce, "trading
in cloth, kersie, and all other, as well English as forreigne Com¬
modities vendible abroad."
This trade was carefully regulated and organized by a large
number of statutes and by-laws. Those of greatest significance
are directed towards the maintenance of the monopoly of the
Company, the enforcing of the staple, and the control of the
"Stint." For within the territory designated in the Charters of
the Society, no Englishman, not a member of the fraternity, was
allowed to trade ; no member could sell his goods at any town but
the mart or staple town, and there only in such quantities as had
been definitely prescribed for each member by the ordinances.^
This last was called the "stint of trade." By it was determined
exactly how much cloth and other commodities individual mem¬
bers were allowed to export annually. The yearly trade in cloth
was limited during the first three years of membership to 400
pieces. After the fourth year it increased year by year till it
reached the number of 1000 pieces, which stood as the extreme
limit for the cloth shipments of any member for one year.
At certain seasons the Adventurers' cloth fleet, usually in the
convoy of several men-of-war, sailed from England for the mart
town on the continent.® There, the show and sale of goods was
carefully regulated. Only brethren of the Fellowship could do
business there, and even they were not allowed to do business for
non-members. Mondays, Wednesdays and Fridays were "show
days" on which goods were exposed for sale. No business could
be transacted on other days, and any attempt at forestalling or
securing sales prematurely by accosting merchants on the street
was prohibited. These rules were enforced with great strictness,
^ Wheeler, Treatise of Commerce^ 20.
® Cf. Laws and Ordinances^ p. 68.
® The value of a single shipment of this kind often exceeded ;^35o,ooo. Cf.
Br. Mus., Cott. MS, Galba B, XI, fol. 241 ff.
thither as to a Faire or Market
A BRIEF HISTORY.
transgressors being punished with well-nigh ruthless severity.
The interloper whose daring led him to defy the monopoly rights
of the Society soon came to grief; his wares were confiscated, or if
these were inaccessible " his body" was "attached and committed
to prisone" until the heavy fines were paid, and he bound himself
by a solemn oath to desist from his trade. If a merchant, not a
member of the Society, failed to fulfil his obligations to any
brother of the Fellowship all members were ordered to avoid
business relations with him. Members were forbidden to give
credit on sales for a longer period than six months, or to offer
more than 7 per cent, discount for cash payments.^
These are a few of the more important rules of the Company in
regard to its trade. Intimately related with them are those regu¬
lating the powers and duties of the subsidiary fellowships, their
relation to the General Court, the exercise of merchant law, the
relations between members, conduct and procedure in the courts
of the Society, the life of members in the Residence abroad, etc.
The rights and duties of the local fellowships or courts, and
their relation to the General Court of the Society, constitute one
of the most important and at the same time one of the most difld-
cult subjects in the history of the Adventurers. Despite the fact
that the provisions in the constitution and by-laws are definite and
precise on the constitutional relations,^ there is every evidence
that the practice by no means always conformed to the formulated
rules. Frequent quarrels and controversies between the subsid¬
iary fellowships and the General Court of the Society occurred,
l/ocal jealousy was frequently the cause. More frequently it was
due to the fact that the subsidiary fellowships in some of the out¬
lying maritime towns of England had at one time existed inde¬
pendently as a Society of Adventurers, as for example, the Mer¬
chant Adventuiffg nf but had later been forced into the
General Society because of the control of trade exercised by that
body through its exclusive charter rights. These local societies
had their own traditions, their own peculiar interests, and in cer¬
tain cases a degree of independence quite different from the local
fellowships in other places where the organization came into exist-
^ Laws and Ordinances, p. 105, fiF.
» Ihid., p. 6.
XX THK MERCHANT ADVENTURERS OF ENGLAND.
ence through the activity of the Merchant Adventurers Society
itself.^
Looking at the internal government of the Fellowship one is
impressed with the great centralization of power and the almost
despotic authority exercised by the Governor and his Court. The
results were far reaching. It not only made possible a very efiS-
cient control over the members of the Society and their interests,
but it also secured that promptness and authoritative action which
characterized the. relations of the Adventurers with other organi¬
zations or persons, political or private, with whom they had to deal.
Victory was nearly always on^heir side in the numerous conflicts
in which they were parties. / Furthermore their wealth was enor¬
mous, for they had the goodTortune of early securing a monopoly
of the trade of cloth manufacturing. In proportion as the making
of cloth developed, their trade necessarily increased in importance
and profit. /Hence it is that after the 15th century the company of
Merchant Adventurers became one of the most powerful and in¬
fluential organizations in the State.
To the effective aid of the Adventurers was due, in a very large
measure, the success of the commercial policy of the early Tudors.
They won English trade from the foreigner, and laid for Eng¬
lishmen the basis for, their later commercial supremacy. But in
addition to the influence exerted by the Adventurers upon the
commercial and industrial development of England, the Fellow¬
ship was a very important factor in the political affairs of the
realm, both national and international. ^It is through the Adven¬
turers' Society that Gresham was enabled to restore the financial
credit of the realm and turn the rate of exchange in favor of Eng¬
land at a most critical period. To them must be ascribed to a
^ This phase of the subject can be satisfactorily treated only after the records
of a number of the local fellowships are made accessible. The publication of
Vue Records of the Newcastle Merchant Adventurers^ Surtees Society Publica¬
tions, Vols. 93 and loi, has thrown a flood of light on the subject, besides afford¬
ing much valuable material for other phases of the history of the General So¬
ciety. The best work on this side of the Society's history up to the present are
the notes by Gross, Gild Merchant, I. Space precludes any attempt at treating
the question here.
2 Many proofs of these statements exist. In 1560 Queen Elizabeth borrowed
;¿"3o,ooo from the Adventurers. Newcastle Merchant Adventurers, I, 89.
A brief history.
xxi
considerable degree the success of the cause of parliament in the
great Civil War, for they contributed heavily to the expenses of the
popular party.^ I have shown elsewhere the part played by the
Governor of the Society in the attempt to force the kingship on
Cromwell in These facts will serve to illustrate how far-
reaching was the work of the Society even in the field of national
politics, though a care must be had not to attribute united corporate
action to the Adventurers in every instance, for the acts were fre¬
quently due to the attitude of certain leaders only.
In treating the external history of the Merchant Adventurers the
historian is confronted at the outset with the usual difficulties asso¬
ciated with the orig^s of institutions whose foundations are laid in
the Middle Ages. \There is a consensus of opinion as to the main
lines of the early development, but none as to the details. The
representatives of the Society in the 17th century claimed that the
Fellowship originated among "some few mercers of Tondon"
called the Brotherhood of St. Thomas à Becket of Canterbury ; that
thus organized they received special privileges of trade from John,
Duke of Brabant, in the 13th century ; that Edward III confirmed
the same, and in 1399 Henry IV "gave to the Company a very
benefician and ample Charter of Privileges. " ®J)
The presence of a large number of Mercers * among the Adven¬
turers during their early history is well established; not so, however,
1 As an actual example of this, the following may be cited : " An order rep¬
resenting the re-payment of ^30,000 lent by the Merchant Adventurers, May
5, 1642 " (ly. J. 5, 47); " a draft order for securing re-payment of ;¿"io,ooo to the
Fellowship of Merchant Adventurers, Dec. 24, 1644" (!,• J- 7, 112); "a draft ordi¬
nance for reimbursing and securing to the Fellowship of Merchants Adventur¬
ers certain moneys disbursed by them for public use, Dec. i, 1647 (D. J. n, 562),
and "an order to secure the re payment of ^10,000 lent by the Merchant Ad¬
venturers for the use of the navy, Oct. 27,1648" (D. J. 10, 567).
® Paper cited above, Transactions of the Royal Historical Society, Vol. XV, p.
22; Thurloe, Síaíe Papers, VI, 74.
®Br. Mus., Stowe MS., 303. fol. 99; also Statutes of the Realm, 12 Henry VIF
c. 6.
*• The preponderance of the Mercers in the Merchant Adventurers Society
appears^epeatedly. Cf. Schanz, Handelspolitik, I, 341; Gross, Gild Merchant,
I, 152. Gross also brings out the composite character of the membership of
the Society ; the residence of the Adventurers at Exeter, for example, " con"
sisted of three separate fraternities : the Mercers, Drapers and Boothmen or
xxii THB MERCHANT ADVENTURERS OF ENGLAND.
their claim that they were early organized as a Brotherhood of St.
Thomas à Becket, or that the grants by the Kings of England and
the princes of the Low Countries were exclusively to them. The
evidence for the existence of a trading Brotherhood of St. Thomas
à Becket is only meagre,^ and none whatever has come to light in
favor of the claim that they alone were entitled to the privileges
and grants to Englishmen on the continent. On the contrary, the
spirit and wording of the grants themselves, as well as the conten¬
tions of other merchants, not of the Fellowship, seem to prove
that the special rights and privileges granted by the lords of the Low
Countries and the Kings of England in the 14th and even early in
the 15th century were very general, and were meant to extend to all
Englishmen beyond the seas./ In the charter of 1505 the privileges
are for the first time limited K) a special group of merchants. In
this charter "our subjects called Merchant Adventurers" are
especially designated as the recipients of the grant, and all other
merchants are enjoined to enter the fellowship.^ Some years be¬
fore, in 1497, they had been officially, though indirectly, recog¬
nized by act of parliament.®/From the preamble of the act it
appears that complaint was made against the high-handed action
of the Merchant Adventurers in compelling all who traded to the
parts of " Flanders, Holand, Seland, Brabant and the other places
thereto nygh adjoining" to join their society, and pay the fine of
£20 sterling. The act does not abolish the fine; it merely reduces
it to ten marks sterling, and decrees that no other fine shall be
levied ' ' to the use of the said fraternitie or feliship, or of any other
like, excepte only x marc sterling." This concedes the legal
right of the Society to levy fines, and is therefore an indirect
recognition of the organization.
Corn Merchants." From a Star Chamber decree of 1516, it appears that mer¬
cers, drapers, boothmen and spicers composed the Gild Merchant, or the
nucleus out of which the Newcastle Society of Merchant Adventurers arose.
Gross, II, 380, sets out the decree almost in full. It is also worthy of note that
the records of the London residence of the Merchant Adventurers were, until
1526, kept in same book as those of the Mercers Society.
^ See page 199, n. i.
®Br. Mus., Cott. MS., Tib. D. VIII, Vol. 37, published by Schanz, Handels¬
politik, II, Urk. Bei., 121. The instrument also speaks of "the hoole fellow-
shipp."
® Statutes of the Realm, 12 Henry VII, c. 6, p. 204, of this volume.
A BRIEF HISTORY.
xxiii
This is only one of many facts which show conclusively that a
fellowship or fraternity existed among the Adventurers long be¬
fore we find them so spoken of in the official instruments of the
political powers, ^n other words, the nucleus and first organiza¬
tion of the earlier society was not created from above. It was
the out-growth of conditions and necessities confronting English
merchants trading to the Tow Countries.!
English commerce in the thirteenth and fourteenth centuries
was in the hands of foreigners,—the Italians and the merchants of
the Hanse Eeague,—and the Staplers. During the fourteenth
century, however, there developed outside of the monopoly of the
foreigners and of the merchants of the Staple an extensive trade
among native merchants, who traded where they would, and at
their own risk. The name " Adventurers " was early attached to
them, though it was at first applied to all merchants not Staplers
irrespective of the places or the commodities of their trade. Thus,
there were "Adventurers to Iceland, to Prussia, to Spain, Italy," ^
and other places. But as the great bulk of English commerce was
to the Tow Countries, the "Adventurers " trading to Holland, Zea¬
land, Brabant, etc., were the most numerous and important, and
the name became gradually associated with them. For purposes of
protection and mutual advantage in trade they often combined and
rapidly made for themselves a place and a reputation in the com¬
merce of the North Sea. Whenever the Staple town was changed
we find them promptly concentrating at the abandoned mart, and
making common cause with such of the Staplers as were left
behind. Combination and the acquisition of privileges from the
civil and political authorities is a distinguishing feature of the
medieval industrial organization, and the "Adventurers" were not
behindhand in this respect.
During the thirteenth century, whether in 1216, 1248, 1286 or
1296 ^ has not been finally settled, trading privileges were granted
by the princes of the Tow Countries. These privileges were quite
general in character, securing to Englishmen and others at Ant¬
werp, " omnes et singuli mercatores regni Anglii necnon cuiuscun-
^ Compare, "the seid marchauntis venterers," Statutes of the Realm, 25 Henry
VIII, c. 4.
'All four dates are given by the writers of the 17th century.
xxiv MERCHANl" ADVENTURERS OE ENGLAND.
que regni seu terre.", the right of choosing a governor to settle
difi&culties among themselves, and of appearing before the courts
of the Low Countries against the natives. In 1305 and 1315 the
previous privileges were renewed and additional articles added.
These also are quite general, but they show an intimate relation
between the Staplers and the Adventurers of this period, as the
commodities of trade mentioned are mostly those of the Staple.
In 1359, after the removal of the English staple to England,
similar privileges^ were granted by Louis le Male to a group of
English merchants at Bruges, and confirmed in the same year by
Edward III.^ The articles of the grant reveal a group of mer¬
chants organized on lines very similar to those found later among
the Merchant Adventurers, and as the differentiation between the
trade in raw commodities and woollen cloth had not yet been
made, I am inclined to look upon the merchants at Bruges as
typical Merchant Adventurers of this period. The removal of the
Staple to England doubtless furnished a definite occasion for the
organization of English merchants in the Low Countries. Up to
that time they could look to the Staple Society and its Mayor for
the protection of their interests. With the removal of the author¬
ities and officers of the Staple this was no longer possible, and the
need for an organization to take up the functions abandoned by
the Society of the Staple made itself felt.
The charter of 1407, called by Schanz die Consulats Charte,''^
has come to be regarded as marking the beginning of the later
Society. The reason for this is not well founded, for this charter is
no more specific in its terms than the earlier grants. It is ad¬
dressed to ' ' the merchants of our kingdom of England and of our
other dominions, in the regions of Holland, Zealand, Brabant,
Flanders and other parts beyond the sea which are in friendship
with us. ' ' The right granted by the charter to organize and govern
the affairs of Englishmen living and trading in the parts mentioned
was not confined to any particular place nor even to any particular
group of merchants. Indeed there is evidence that there were local
' ^ Varenbergh, Histoire des Relations diplomatiques entre la Flandre et VAngle¬
terre, 1447.
®The instrument is published by Cunningham, English Industry and Com¬
merce. I, Appendix, C. 4.
A BRIEF HISTORY.
XXV
bodies of English merchants organized on the lines of the Charter
in various towns at the same time during the 15th century.
Early in this century, however, Antwerp rapidly attained a
special importance, far beyond that of any other city, as the great
mart town of the Netherlands. Bruges was gradually abandoned,
and the English merchants gathered at Ajitwerp. Here they ob¬
tained a house for their use in 1407. Cloth instead of wool and
other raw products was fast becoming their commodity of trade, so
that both the character of their trade and the greater distance
from the Staple mart, now at Calais, very soon developed a
dividing line between the Adventurers at Antwerp and the
Staplers Society. The practical need of a strong organization
among the Adventurers became apparent,. and because of the
growing prosperity of their trade at Antwerp and their increasing
numbers, they naturally developed most rapidly at that place.
Increased trade and numbers brought with them power and
influence, and the Society at Antwerp may well be conceived of as
gradually bringing under its control the English merchants still
trading, individually or in groups, to Bruges and other towns.^
No evidence exists of any single organization during this period.
Such a society may have developed very early, as is claimed by the
defenders of the Fellowship in the 17th century, but so far as the
testimony of the sources goes, only the first stages of organization
had been accomplished, and the basis laid for the future.
In 1462 a charter from Henry IV appointed an Englishman
named Obray governor, and provided for the election of twelve
assistants to aid. and advise him in the government.^ A society or
fellowship clearly appears. Certainly before very long the process
of centralization was thoroughly under way, and the Adventurers
began to use coercive measures to forœ all Englishmen trading to
the Eow Countries to pay fines, and acknowledge their control by
paying entrance fees to their organization. These were at first
small, " an old noble sterling," but they were gradually increased
^ I have come across a number of instances indicating local fellowships in
towns other than the great mart town. In the charter of 1505, after the re¬
moval of the mart to Calais, the 24 assistants are to be " of the most sadd dis¬
creet and honest persons of divers Fellowships of the said Merchant Adven¬
turers." R. O. State Papers, Dom. Chas. II, 27, fol. 6.
®Hakluyt, The Principal Navigations, Voyages, etc., I. 209.
xxvi THE MERCHANT ADVENTURERS OF ENGEAND.
to the sum of 20 pounds. In the preamble of the Act of 1497
they arrogated to themselves the exclusive right to trade in the
regions specified by the old Charter, and effectively stopped those
unwilling to pay the exorbitant fine of 20 pounds from trading in
those parts.^ The Act, as we have seen, ordered the reduction of
the fine, but supported the right of the Adventurers to levy it, by
ordering all merchants trading to the Low Countries to enter the
freedom of the Fellowship.
Henceforth the Merchant Adventurers were firmly established
in their control of the trade in woollen manufactures to the
coast of the North Sea. ^Çîenry VII, seeing in the Society an
instrument ready at hand to carry out his policy of nationalizing
English commerce, lent it his active support.y In 1499 he granted
the Society a private coat of arms ; two years later he confirmed
the previous charter, and in 1505, when the disputes with Bur¬
gundy led to the removal of the English to Calais, he gave the
Company a new charter. This charter provided for the election
of "a governor or governors" and "24 of the most sadd dis¬
creet and honest persons of divers Fellowshipes of the same Mer¬
chant Adventurers." The governor and his "assistants" were
given jurisdiction over all members and power to make statutes ;
to appoint officers both in England and in Calais ; to levy fines and
to imprison offenders, and to call the Fellowship together in Lon¬
don or elsewhere as they saw fit. All members duly notified were
obliged to be present on pain of a heavy penalty. Resolutions and
decrees became valid through the support of the majority of the
Court of Assistants. The court also had power to punish at its
discretion all violations of the Statutes, and to compel all who
used the trade of the Society to enter the freedom.^
^ See text of the Statute, p. 204.
® The policy of the crown during this period reveals remarkable insight into
the true state of trade. Besides supporting the Adventurers in their efforts to
nationalize England's commerce, Henry VII also protected the Society from
the control of a "ring of London monopolists " who were attempting to replace
the wider association of merchants by a " narrow and exclusive corporation."
This attempt on the part of the richer merchants of London, and the dangers
therefrom to the rising commerce of the English, are set forth by Busch,
England under the Tudors, I, 244.
® R. O. State Papers, Dom. Chas. II., 27, 6; also Br. Mus. Cott. MS., Tib. D.
VIII, fol. 27, published by Schanz, Handelspolitik, II, Utk. Bei., 121.
a brief history.
xxvii
More important, however, than the charter was the consistent
i^pport of the Society's authority by the Crown during this period.
For, thus strongly organized and supported, the Adventurers quickly
assumed the direction of the English trade with the Netherlands
when those regions were again opened to them, and soon exercised
a most vigorous control over all its details If prices fell too low,
they regulated the export in order to raise them again, if the So¬
ciety's privileges or the rights of the individual members were
violated, redress was promptly demanded, and in case it was not
forthcoming reprisals in the form of diverting trade to other ports,
or of leaving the place altogether, were resorted to to bring about
the desired effect.^
Another result of this strongly centralized authority of the Soci¬
ety and the support of the Crown manifested itself very early in
conflicts with the two other great trading organizations of the 15th
and i6th century, the Ancient Society of the Staple, and the Hanse
League.
The strife between the Adventurers and the Staplers began when
the former demanded the payment of their membership fee from all
Staplers trading in cloth. The pride and dignity of the Staplers,
for many years the foremost men of English commerce, naturally
rebelled against submitting to the demand, visputes and quarrels
arose. Henry VH and Henjry VIH maintained a careful balance
between the two societies, But after that the royal power was
exercised with less care, and the natural advantages enjoyed by
the Adventurers through their control of the steadily increasing
cloth export, soon gave them the victory over the older society
whose trade in wool and other raw materials must necessarily have
diminished in importance with the development of the manufac¬
turing industry. It would require too much space to give even a
brief account of the long quarrel between the two societies. A
few landmarks only can be mentioned.
The first of these appears in the persistent arrests of the Staplers
trading in cloth. In 1505, the year in which the Adventurers
secured their charter from Henry VII, the disputes were laid before
the Court of Star Chamber. The judgment favored the Adven¬
turers. The decree ordered that the members of one Society
^ Schanz, Handelspolitik, I, 343.
xxviii THE MERCHANT ADVENTURERS OF ENGEAND.
should be obliged to aid in bearing the expenses of the other
if they took part in its trade.^ This was interpreted by them
to mean that the Staplers in order to take part in the trade of
the Merchant Adventurers must first pay the fines of admission to
the Adventurers' Society. But Henry VII refused to support them
in their interpretation, and ordered that only the usual duties on
cloth should be collected from the Staplers. His successor con¬
tinued the policy.
In spite of this, however, the Staplers were being sorely pressed.
Mere decrees availed little against tEestTong vantage ground held
by the Adventurers. Their relations to the development of the
great cloth industry of England carried them rapidly forward and
upward, while the Staplers were being left behind. By the open¬
ing of Henry VIII's reign 73 Staplers, among them 14 mayors of
the Staple, had joined the Adventurers' Society.^ Quarrels and dis¬
putes continued during the i6th century, but no definite settlement
was reached. The outcome of the struggle is apparent, even though
the detailed facts have not been discovered up to the present. The
Staplers succumbed, as they were doomed to do from the first, not
because of any essential weakness in their organization or in the
government support offered them, but because the economic basis
on which their existence rested was being broken up.
The Hanse League was a more determined and in every respect
more formidable rival. The issues involved were of greater signi¬
ficance. The struggle was transferred from the sphere of domestic
rivalries to the domain of foreign and international politics. The
rivals represented not merely the interests of two trading organi¬
zations; they are the exponents of great national interests and the
representatives of rival civilizations, political as well as industrial.
It was a struggle between the representatives of the medieval orga¬
nization and federative system of the Hanseatic League on the one
hand, and exponents of the growing nationalism and the central¬
ized monarchy of England on the other.
In the 14th and 15th century the Hanse controlled the commerce
1 R. O. Rot. pat. 20 H. VII, p. i, m. 24, also Br. Mus. Sloane 4618. No. 55, pub¬
lished by Schanz, Handelspolitik, II, Urk. Bei., 119 and 133.
® Schanz, Handelspolitik, I, 346.
A BRIEF HISTORY.
xxix
of the North Sea, and strongly intrenched behind special grants ^
from the various princes and municipalities, their position seemed
impregnable. The increasing strength of the Adventurers, how¬
ever, made a determined attack inevitable. Even before the reign
of Elizabeth, when the struggle was finally fought out, the English
merchants, supported by the steadfast policy of the early Tudors,
had seriously weakened the position of the Hanse in England.^ In
Elizabeth's reign, however, after the Diet of the Hanse Towns at
Eiibeck had in 1557 decreed in favor of a commercial war against
England, their privileges in England were made dependent on their
not carrying to the Low Countries any cloth, but only the commodi¬
ties of their own lands. But the Adventurers did not stop the war
with their success at home. They invaded the territory of the
Hanse itself, and that at the invitation of one of the principal
Hanse Towns. Hamburg had suffered severely from the decree
which resulted from the religious troubles on the continent, pro¬
hibiting the export of English cloth, and the Senate of the city
addressed an invitation to Elizabeth offering to the English mer¬
chants the right to trade in Hamburg on the same basis as did the
burghers,® The Adventurers accepted, and this reception of the
Fellowship at Hamburg became the entering wedge which contrib¬
uted so largely to the breaking up the League of the Hanseatic
Cities. The members of the League bent every energy to expel
the intruders, and from 1572 till 1611 the Hanse Cities led by
Lübeck brought every influence in their power to bear on the bur¬
ghers and Senate of Hamburg. In 1578 the pressure became so
great that the city was forced to yield, and in the " Hamburgef
DecreV ^ of this year the English were notified that their privileges
would not be continued. Commerce with the Hanse Towns fell off
rapidly, but the Netherland trade had re-opened and the Adven-
^ Those granted by Edward IV in the Treaty of Utrecht in 1473, for the ser¬
vices rendered him by the Hanse, were very extensive and of great value. •
® The trade of the Ueague was still very considerable ; in 1550 they exported
43,000 unfinished cloths, exceeding the value of ;¿"2oo,ooo. besides great quanti¬
ties of other merchandize and raw products. Ehrenberg, England und Ham¬
burg, 51.
® R. O. State Papers, For. Elizabeth, Vol. II. fol. 68, published by Ehrenberg,
England und Hamburg. Urkunden, I. The letter is dated March 17, 1564.
* Ehrenberg ; England und Hamburg, 141.
XXX THE MERCHANT ADVENTURERS OF ENGEAND.
turers again found a market for their goods at Antwerp. Besides,
intermittent trading had been carried on with Stade. Hamburg
was again the principal sufferer, and the city again threatened to
break with the League. In 1581 she refused to carry out measures
of reprisal against the English, notwithstanding the severe meas¬
ures taken against the Hanse Merchants in England. Nor did the
agitation of the League in the Imperial Diet and with the Em¬
peror change her attitude. Negotiations with the Adventurers
were opened, secretly at first and then openly. In 1587 inter¬
course was resumed. Again the pressure from the League led by
Lübeck made the continuance of the rights extended by Hamburg
to the Adventurers impossible. The Adventurers, weary and
angry at the delays, turned to Stade, where they established their
staple. At the same time they secured from the home government
the adoption of a policy of extreme severity against the com¬
merce of the Hanse. From 1587, the year before the Armada,
till 1611, the trade of Hamburg and the Hanse was nearly ruined
by the English. The aid of the Emperor was solicited, and in
1597 an imperial edict was issued forbidding all imperial cities
from allowing the Merchant Adventurers to settle in their juris¬
diction. The decree also forbade all subjects of the Empire to
trade with them These were drastic measures, but the Company
was equal to the emergency; it promptly dissolved, so far as the out¬
ward signs of their organization at Stade were concerned,^ and after
a time resumed its trade as "interlopers" at Stade and Emden.
Moreover, the edict was plainly opposed to the economic interests
of the Empire, and could not be strictly enforced. The commer¬
cial interests of upper Germany protested, Hamburg was di¬
vided between her material needs and her loyalty to the League.
Finally loyalty again gave way, and on June 28, 1611, the Senate
offered the Adventurers a grant of special privileges based on
those of 1567, having previously secured permission from the
Emperor, notwithstanding the opposition of Lübeck. This grant
marks the conclusion of the long period of conflict. The strain
had been severe, but the triumph of the Adventurers was complete.7
^ For text of the edict and the results, see Wheeler, Treatise 0/ Commerce^ SofiF.
^ A document among the State Papers, R. O. Dom. James I, Vol. 67, No. 80,
reveals this feature of the struggle ; the great sums needed for the ambassadors
and plenipotentiaries, bribes, etc.
A BRIEF HISTORY.
xxxi
Für die Han se Ehrenberg rightly says: *' War die Wieder¬
aufnahme der Engländer in Hamburg ohne Zweifel einer der
letzten Nägel zu ihrem Sarge.^^^ For Hamburg, on the con¬
trary, the greatest good resulted, and it is to the presence of the
English Staple that the steady development of the commerce of
the city and its importance as the great distributing centre for the
international commerce of the North Sea in the eighteenth century
must be attributed. 2
Eong before the final triumph over the Hanse, important events
in the history and development of the Merchant Adventurers had
occurred. After Henry VII their charters had been confirmed in
turn by Henry VIII, Edward VI and Elizabeth. In 1564, the sixth
year of Elizabeth's reign, the great step in advance was taken. In
that year the Fellowship was formally incorporated as the " Gov¬
ernor Assistants and Fellowship of Merchants Adventurers of
England," with very extensive rights and privileges. These have
been defined in general terms above.® This charter and the one
of 1586, which is a repetition of the earlier one in all but the addi¬
tional articles regarding the subsidiary Fellowships, mark this
period as the high water mark of the organization of the Society,
and of its recognition by the State.
Their monopoly rights were secured, and the control over the
admission of all merchants to the privileges of their Society
guaranteed. I The Fellowship became in every sense of the word
a trading monopoly, and the violent opposition against monop¬
olies in the early 17th century made the Society a chief point of
attack. Staplers, " interlopers," and cloth makers, vie with each
other in denouncing the monopoly rights and the practices of the
Company. Parliament was besieged with petitions, and the Council
is never quite through with the vexatious business of hearing and
settling causes between the Merchant Adventurers and their
numerous opponents. An entire literature on the subject sprang
into existence. The Adventurers suffered severely, but the Com-
^ Ehrenberg, England und Hamburg, 230.
®Much the best account of the relations between the Hanse and the Mer¬
chant Adventurers Society during the 15th and 16th century is found in
Ehrenberg's England und Hamburg, Chapter I-V. Of. also Wheeler, Treatise
of Commerce, 62 ff.
® Compare Extracts from the Charter of 1564, p. 229 fF.
xxxii THE MERCHANT ADVENTURERS OF ENGE AND.
pany was not destroyed as was the case with other organiza¬
tions. James I confirmed their charters in 1605 and again in
1607. In 1608, however, the tide turned; the well-known patent
to Cockayne was issued for the finishing, dyeing and export
of woollen cloth.^ The privileges seriously interfered with the
rights of the Adventurers. But their efforts to secure the with¬
drawal of Cockayne's patent were fruitless. Indeed in i6i^a
royal proclamation declared all licenses to export undyed and
undressed cloth—the great staple of the Adventurers—void.
The Adventurers were forced to hand in their charter, notwith¬
standing their offer to make increased payments to the Crown. A
new company promoted by Cockayne was formed.^ But none of
the many expectations in regard to it were realized, and the trade
became very much demoralized. In 1616 overtures to the old
company were made, but they refused to accept the terms, which
were very much like those under which Cockayne's company
operated. The condition of the woollen trade became daily worse,
and all sorts of remedies were tried.® Finally after a trial of three
years with the New Company, the Old Society was restored to its
former privileges.^ But it was many years before the Society
was able to regain its former trade. The licensing of "intermed-
dlers " made serious inroads on their membership and weakened
them. Besides the provision to export only finished woollen cloths,
had driven many of the industries on the continent for dyeing and
finishing, formerly dependent on the white cloths of the Adven¬
turers, to manufacturing cloth themselves. But the foreigner
^ For an account of Cockayne's patent and the circumstances which called it
forth, see Dr. Cunningham, Growth of English Industry and Commerce, Vol.
II, p. 165,
® The arguments for and against the attempt to bring the whole process of
making and finishing cloth into the hands of English workmen, and of abol¬
ishing the rights of the Old Company, are found in the Br. Mus., Eands. MS.,
152, fol. 282; cf. also R. O. State Papers, Dom. 1^7, 29 and 35. Much was expected
of the New Company, but it failed miserably.
' As an illustration, may be cited Bacon's scheme forbidding any Englishman
to wear during the six months after September 13 any silken stuff which did
not contain a mixture of wool. Letters and Life of Lord Bacon, V, 74.
* Proclamation, Aug. 12, 1617; R. O. State Papers, Dom. 187, 50. Compare also
the following : " affore a® 1614 the ffellowship were dissolved to make way for
Sir William Cockayne's project of dyeing and dressing all cloths of this land
A BRIEF history.
xxxiii
had not taken kindly to the English finished cloth, and the market
for the excellent white woollens of the English was not entirely
destroyed. By the end of the reign of James I the Society had
again become well established in its trade.
In the troubles between king and parliament during Charles I's
reign, the Adventurers naturally played a prominent part. The
plans adopted by the king to raise revenue affected their interests
in almost every instance, and it is not at all strange that we find
them on the side of parliament. "When that body refused to give
its consent to the tonnage and poundage imposed by Charles, the
Adventurers unanimously supported the cause of parliament; they
refused to buy or sell cloth, and, according to the Venetian ambas¬
sador, if any brought goods into the customs house they were
hooted at as traitors by the crowd He narrates further that a
deputation from the Adventurers, " the great Company which had
in its hands the exportation of cloth, was summoned before the
council," and that when asked why trade had ceased, they finally
answered that they were afraid of the protestation of parliament.
They were ordered to summon a court of the Company, but the
court, "not a hand against it," decided not to export cloth.^
The anger of the king was so great that he thought of dissolv¬
ing the Fellowship in order to substitute for it a body of noble¬
men and courtiers who would make no difficulty about paying
the duties.® But nothing came of it, and in 1634 the Society was
still further established in its rights by a proclamation for the
before exportación, the stranger did first piohibit all dyed and dresst clothes
which still they maintain vigorously, and next put themselves forth on the
making of cloth in their own countries, so that after an essay of almost two
years the ffellowship was restored to the ancient Charters and privileges they
found the vent of their English draperies in Germany and the Eow Countries
so fallen that they could not export in all woollen manufactures above 40,000
clothes yearly. And although upon their restitución 15 Jacobi their Charters
were much enlarged . . . yet all, for want of the assisting hand of the State
was fruitles ..." Br. Mus., Stowe MS., 303.
^ R. O. Venetian Transcripts, Contarini to the Doge, March, 1629.
'Tanner MS., 71, fol. i,
* Many interesting facts on the Adventurers are found scattered throughout
Mr. Gardiner's great work on the 17th century. For the reign of James I the
Alexander Prize Essay for 1898 by Miss Hermia Durham, entitled, The Rela¬
tions of the Crown to Trade under James /, is excellent.
xxxiv THE MERCHANT ADVENTURERS OF ENGDAND.
better ordering the transportation of cloth and other woollen
manufactures into Germany and the how Countries.^ Its exclu¬
sive rights to export the woollen manufacture were continued, but
the Company was enjoined to admit all such of the king's subjects
dwelling in London and exercised in the profession of merchandise,
and not shopkeepers, as shall desire the same for the fine of ^50
apiece. The admission fine for merchants from outlying districts
and towns was fixed at other subjects were inhibited
from intermeddling in the trade of the Adventurers. By what
means the Society secured the royal support may be inferred from
the chronic deficit in the treasury and the wealth of the merchants.
In 1640, when the king seized the Spanish bullion in the Tower
amounting to ^30,000, the Company took the lead in protesting,
fearing reprisals on the continent. To bring about a compromise,
the Society was forced to make a loan of ^^"40,000 to the Crown.®
In 1643 an Ordinance by the Lords and Commons confirmed the
charters of the Company,® and during the period of the Civil War
and the Protectorate the Fellowship continued its monopoly in
spite of the fact that the Ordinance of 1643 was vigorously opposed.
The maintenance of its authority, however, was only accomplished
by dint of the most active and aggressive measures on the part of
the Society before parliament and the Committee on Trade ^ till a
new proclamation in their favor was made in 1656.^ In 1658 we
find them them petitioning Parliament for a like proclamation
as was issued May 30, 1656."® After the Restoration their rights
were continued,^ and in 1661 their former charters confirmed. But
the frequent demands upon the resources of the Society and the
heavy expenses it incurred involved the Adventurers in serious
financial embarrassment.® They were no longer able to repel the
^ State Papers, Dom. Chas. I, Proclamations^ 185.
Rushwood, State Papers, III, 1216; Montreuil's Despatches, July 9-19, 16-26,
1640, Bibliothèque Nationale, Paris, 15, 995, fols. 97 and 99.
» Br. Mus. Pamphlets, p. 69, f. 7(50), published on page 247 of this volume.
; * R. O. State Papers, Dom., Int. March, 1649. Br. Mus. Pamphlets, 7129,9,16/2.
' R. O. State Papers, Dom. Int. Vol. I, 78, 618-627. ® Ibid.
' This grant is the last of the Company's Charters in the Itispeximus in the
volume of the Record Office, State Papers, Dom. Vol. 27.
® The liabilities of the Company *' for money lent at interest upon bonds
under their common seal" amounted to ;¿'8o,ooo. A petition "by many or-
a brikf history.
XXXV
attacks made upon them. With the coming of William and Mary
the Society was deprived of its monopoly of the export of the
woollen manufactures and its trade thrown open to all Knglish
merchants.^
But the act of William and Mary by no means marks the end of
the activities of the Merchant Adventurers Society. It is true
that they were no longer able to prevent others from sharing the
cloth trade with them; and the abrogation of their rights in Kng-
land seriously damaged their prestige abroad. But it should also
be remembered that most of the cloth trade was in their hands,
and the extensive privileges which they enjoyed at their mart
town and which were retained during the i8th century, together
with their excellent organization, gave them a decided advantage
over the individual merchant. The basis for the continuance of
the Fellowship, although less extensive than before, still existed,
and the Society continued to carry oh an energetic trade with the
continent for another hundred years. Its life naturally became
more and more identified with the privileges and grants abroad,
and during this later period of their history the story of the Mer¬
chant Adventurers is almost entirely associated with their foreign
Residences.
A thorough knowledge of these Residences or " factories " and
the life of the Adventurers on the continent, both for this and the
earlier period, is very essential to an adequate appreciation of the
history of the Society. Unfortunately no attempt to work out
this side of the story of the Fellowship has been made, and it is
impossible here to do more than trace in the barest outline the
external history of the Society in its relation to the Residences on
the continent.
Of the early Residences at Bruges and other places scarcely
anything is known. More definite facts appear in connection
with the concentration of the Adventurers at Antwerp in 1407.
The chief Residence of the Fellowship remained at the latter
phans, wtdowes, and others, creditors of the Merchant Adventurers of Eng¬
land " called forth a bill before parliament to make the Adventurers individ¬
ually liable.
^ Statutes of the Realm, I William and Mary, c. 32. For the section of the
act relating to the Adventurers, see page 249.
xxxvi 'THK MERCHANT ADVENTURERS OF ENGLAND.
place during most of the 15th century. In 1446 the city granted
special privileges^ to the Society which it enjoyed till the de¬
cree of Philip expelling all English woollen cloth from the Bra¬
bant and Flanders in 1464.^^ The consequence of the decree was
the removal and assembling of the Adventurers at Utrecht, where
they resided till 1467.® From this time on till the removal to
Calais in 1505 they resided at various places, as for example,
Bergen, Middleburg, Antwerp, etc.; the list of privileges shows
grants from John Duke of Brabant, John Count Palatine, Albert
Duke of Saxony, and others.^ When friendly relations were again
restored with the Netherlands, the Adventurers returned to their
old marts, where they remained till the period of the religious
troubles, enjoying privileges from a number of cities, principally
Antwerp, Bergen and Middleburg. The outbreak of the religious
wars in the Netherlands caused the removal of the Adventurers to
Germany.® In 1567 they were granted special privileges for a
period of ten years by the city of Hamburg, and the Company
established its mart and Residence there.® But as we have seen, the
opposition of the Hanse League had been aroused and at the con¬
clusion of the ten years the Senate found itself under the necessity
of discontinuing the privileges. Active commercial warfare fol¬
lowed, and the position of the Adventurers in Germany became
steadily worse. As a result they were very ready to take up the
invitation of Middleburg in 1582 to return to the Netherlands.
But the dangers from the Spanish power were still too great, and
not till several years later did any marked concentration of the
members of the Company at Middleburg take place. By 1587,
however, the centre of the Society for the Netherlands was defi-
^ Schanz, Handelspolitik, II, ürk. Bei., 133.
® Gachard, Collection des Documents inédits, II, 196.
® Stein, Die Merchant Adventurers in Utrecht, Hänsische Geschichtsblätter,
Vol. IX, p. 179.
*■ R. O. State Papers, Dom. Chas. II, Vol. 22, fol. 6. Cf. page 218 of this vol¬
ume, also Br. Mus. Sloane, MS. 2103, fol. 2, published by Schanz, Handels¬
politik, ürk. Bei., 133; also Thurloe, State Papers, I, 220.
® R. O. State Papers, Dom. Elizabeth, Vol. 49, No. 30.
® The date given in the list of privileges, R. O. State Papers, Dom. Chas. II,
Vol. 22, fol. 6, is 1566.
A BRIEF HISTORY.
xxxvii
nitely established at Middleburg, where it remained till 1621. But
they had not entirely abandoned Germany, for in 1587 the town of
Stade likewise granted them a set of privileges, and for some years,
till the "Imperial Decree" of March 26, 1597, banishing the Mer¬
chants Adventurers from the Empire, Stade remained the Resi¬
dence of the Society for Germany. During this period Middle¬
burg was the chief Residence of the Society and the seat of their
government. It is the period of the greatest activity of the Fellow¬
ship, the time of its most perfect organization.
In 1621 the Residence for Holland was removed from Middle¬
burg to Delft, where it remained till 1635.^ In that year Rotterdam
secured it, and for the next twenty years, till 1655, the court was
located there.® From Rotterdam the Fellowship went to Dort,
after hesitating for a long time between the tempting inducements
offered by different towns.® The privileges offered by Dort were
set forth in a Concordat of 58 articles and were to continue for a
period of 15 years.^ The wars which followed broke up the agree¬
ment for a time, but it was successfully renewed and the Residence
of the Society remained at Dort for the remainder of its existence
in the Netherlands. In 1751 the last survivors of the Court were
allowed a special dispensation exempting them from the newly
imposed taxes, but the Residence had long before lost all import¬
ance."
This was not the case with the Residence at Hamburg, however.
Early in the 17th century the court at Hamburg became the chief
Residence and "High Court of the Society," and long after the
commerce to the Netherlands had dwindled to insignificance the
Fellowship at Hamburg was in control of a large and prosperous
trade. There the Adventurers contributed largely to the rapid
rise of Hamburg in the 17th century to the foremost rank among
^ Stadtarchiv, 'Skragenhage, Resolutien van Holland, Jan. 6, 8 and 9; Mar. 9;
Apr. 23; May 2, 28, and Sept. 18, 1621.
^ Ibid., Dec. 26, 1634; Mar. 8, 10, 22 and 28; Apr. 2, and May 22, 1635.
" R. O. State Papers, Dom. Chas. II, Vol. 280, No. 70. Also note following.
* Stadtarchiv, 'Skragenhage, Resolutien van Holland, May 4; July 31; Aug. 12;
Sept. 14 and 22, 1655. An abstract of the privileges is found on p. 240.
®Stadtarchiv, Dordrecht, Resolutien von den Oudraad, Jan. 5, 1751. For a
translation of this letter from the States General to the Oudraad at Dort,
■see p. 253.
xxxviii THE MERCHANT ADVENTURERS OF ENGLAND.
the sea-ports of the North Sea, a position it continued to hold
throughout the next two centuries. Hamburg became the great
commercial city of North Germany, serving in a sense as a dis¬
tributing centre for the international trade of northern Europe,
Here the Adventurers were highly favored by the burghers and the
authorities after the city's final defection from the Hanse League,
The privileges of 1611 were unusually liberal, so that despite the
freedom of trade at home, the English traders to Hamburg, at least,
still found it of very material advantage to belong to the olc
Fellowship. The details of the Company's history for this late
period both at Hamburg and in England are still quite unknown
Towards the end of the 17th century the name "Hamburg Com
pany " began to supplant the old name of "Merchants Adven
turers of England," but the latter was retained by the Society
itself in its ofiScial documents. During the i8th century the Ad
venturers do not appear to any extent in history. In the Treat]
of Hamburg in 1719 there occurs a reference^ to them as "th<
laudable English Company."
Maitland^ in his History of London in 1756 states that the trade
of the London Company had fallen off almost completely, and h
a few years, he estimated, the old society would doubtless cqase t<
exist. But Maitland failed to realize that the Society then as form
erly was not a London Company, but an English Company, witl
headquarters abroad. The fact that Hamburg had absorbed nearb
all the trade of Great Britain with the continent is to him an indi
cation that the Adventurers are no longer active, whereas it reall;
points to an increased activity. Anderson possessed a much cleare
knowledge of the facts when he stated that in I763^he Merc^tao
Adventurers were still carrying on a great commerce. On th
other hand, it must be remembered that the numerous wars an(
the consequent insecurity of trade during the i8th century grad
ually drove the English merchant into other channels of com
merce, and the trade with the continent gradually fell into th
hands of the foreigner.
Of the life of the Adventurers at their Residence in Hamburg
1 Auderson, Annals of Commerce, III, 90.
® Maitland, History of London, 1256.
A BRIEF HISTORY.
xxxix
and the vicissitudes of the Fellowship during the i8th century,
little is known as yet. Much that is of interest and some points of
considerable importance rewarded my labors among the uncal-
endared papers of the Home Office. Some of these will be found
among the letters and papers published in this volume. The
Thornton Correspondence of 1805, and the paragraph in his In¬
structions, give clear and positive evidence of the existence of the
Company at the opening of the century.
The Lawes, Customes and
Ordinances of the ffellowshippe of
Merchantes Adventurers of the
Realm of England Collected
And digested into order by
John Wheeler Secretarle to
the said ffellowshippe
Anno Domini
1608
And Sithence continued according
to the further orders from
time to tyme made for
the gouernement of the
said ffellowshipp.
Reddite cuique quod
suum est.'
1 Br. Mus. Add. MS., 18913.
CHAPTERS OF THIS BOOKE.
No. I. Of Government and Courtes. Caput Primuni,
folio 3.
2. Of admissions into the ffellowshippe with Orders
Concerninge as well ffreemen as Apprentyces.
Caput Secundum, folio 23.
3. Of Shippinge Shewinge Sellinge and other Orders
in feat of Merchandise. Caput Tertium, folio
41.
4. Of Bequest monie and how the same ys to be
Disposed. Caput Quartum, folio 105.
5. Of Presentmentes and the manner of proceedinge
in the condemninge and levyinge of Brokes.
Caput Quintum, folio 117.
6. Of Arrestes of persons and [goodes] processe and
pursuite of Causes before the Court. Caput
Sextum, folio 127.
7. Of Iniuries in woord or deed Quarrellinge fight-
inge misdemeanour excesse and playe. Caput
Septimum, folio 143.
8. Of Impositions Assessementes Charges and Duties
to the House. Caput Octauum, folio 155.
9. Of Maryage and purchase Foreign. Caput
Novum, folio 167.
GOVERNMENT AND COURTES.
Caput Primum.
Accordinge to the Auncient Gustóme there shalbe folios
yearly Chosen by the Brethren of the íFellowshippe
of Merchantes Adventurers of the Realm of England or
by the most part of them one this syde the Seas/ lawfully
and accordinge to the Priuileges of the said ffellowshippe
orderly Assembled one Governour of all
.1 • 1 rr 11 1 • ^ ^ Ouc gouvenouf or
the said ffellowshippe, which Governour peputye or Depu-
or his deputie or deputees and ifour and ,¡„
twentie Assystents or the greatest part of shall bee chosen on
them, to bee Chosen martly^ or as occa- that side the seas
sion shall serue from tyme to tyme by the brethren of the fellow-
brethren of the said ffellowshippe or by Merchants Ad-
the most parte of them one this syde the England,
Seas, shall duringe the said ffellowshippes ^
pleasure or martly haue ffull power and
^ " On this syde the Seas." This phrase is constantly employed in
the ordinances in the sense of "on the Continent," as opposed to
" England," cp. fol. 3, "and the same (laws and statutes) to put
in execution as well in England as on this syde the seas," iôid.,
" whether one this syde the Seas or in England," fols. 5, 13, 33 eí
passim. The seat of government of the Merchants Adventurers of
England was located abroad, hence the phrase ' ' on this syde the
seas," meaning on the Continent, throughout the Laws, (Fora
full discussion of this basic question in the history of the Fellow¬
ship, see the paper read before the Royal Historical Society, Novem¬
ber, 1901. Transactions of the Royal Historical Society, Vol. 15.)
''' " Martly " is at the time of the mart or days of sale, when the
large shipments of cloth to the continent were exposed for sale by
the Fellowship in its resident, or as it is more frequently called, mart
town. The marts occurred four times a year. An ordinance on folio
31 speaks of them as the Pasche, Sinxon, Balms and Cold Marts.
6 THE MERCHANTS ADVENTURERS OF ENGEAND.
Their authorltye. Authoritie (so ffarre as the Priuileges and
orders will permitte) in all thinges lawfully to Governe
and rule the foresaid fellowshippe, accordinge to the
lyawes Statutes Actes and Ordinances of the same made
or to bee made, Disobedient persons and transgressors
accordinglye to correct and punishe, by fynes Imprison¬
ment, or otherwise. Taxes Tones Cessements and Im¬
positions to sett and Teuye vpon the persons and goodes
as well of Brethern of the ffellowshippe as of other Eng-
lishe subiectes hauntinge or vsinge the Trade of a
merchant Adventurer in the places or countries where
the ffellowshippe y s priuileged. And to Enact Eawes
Statutes and Ordinances ffroni tyme to tyme, and the
jq-o J same to put in execution as well in England as one this
syde the Seas. And the said Eawes Statutes and ordin¬
ances to reuoke and alter at their pleasure, ffor the better
Government as well of themselues and the whole ffellow¬
shippe, as also of all other Englishe subiectes now or
hereafter Intermedlinge with or by any meanes vsinge
the Trade of a merchant Adventurer one this syde the
Seas where the ffellowshippe ys or shalbe Priuileged.
And ffurthermore wheresoeuer anie parte of the foresaid
ffellowshippe ys or shalbe dwellinge abydinge or Resident
in Competent nomber, whether one this syde the Seas or
in England, there shalbe yearly or otherwise as need shall
Requyre Chosen by the abouesaid Governour or his
deputie or Deputees, Assistents and ffellowshippe, or by
Authoritie ffrom them to that Intent giuen and grannted,
One Deputie and so many honest and discreete persons
as shalbe thought meet and Convenient from tj^me to
_ ^ . . tyme to bee Associates to the aforesaid
Deputye and Asso- ^ r i
ciates their office. Deputie m euerie one of the foresaid places
—which Deputie and Associates or the
GOVKRNMBNT AND COURTES.
7
most parte of them shall have ffull power and Authoritie
to put in execution as need shalbe the I^awes Statutes
and Ordinances of the fifellowshippe made as aforesaid
and to bee made, and accordinge to the same to Correct
and punishe disobedient persons and offendors and to
decide and end all Ciuile Questions stryfes or debates
arysing either amongst the Brethern of the said ffellow-
shippe or between them and other persons submittinge
themselues to the I^awes, Statutes, Ordinances, Orders
and Sentences of the said ffellowshippe.
No Bankrupt or other Infamous persone or iustly folio'4,
attainted or suspected of anie notorious Bankrupt, Infamous
Cryme shalbe Chosen to anie Office of person or attaynted or
Government in Court or shalbe Assistent suspected of any In-
or Associate in this ffellowshippe. And i^mous crime shall
to the Intent that suche persons may bee
1. iu office of gouerment.
the better knowen, there shalbe once a
year dilligent enquyre made and notice taken of all that
shall Bankrupt, or Comitt anie notorious offence or Cryme 2
and yf anie bee found their names shalbe written in a
table and publikely hunge up to the view of euerie one.
Whatsoeuer Office Charge or busynes anie brother of
this ffellowshippe shalbe chosen vnto or appointed by the
Court, where he ys abydinge he shall not „„n
refuse to take vpon him and performe such to take upon him the
Office, Charge or busynes vpon pain of office Chardge or bus-
tenn poundes sterlinge for euerie suche ¡nes committed vnto
refusall or none performance except there
^ The folio pages given in the margin throughout this volume
mark the beginning of a new page in the original manuscript, the
numbers corresponding to those of the table of contents. The
f 2^
actual paging of the manuscript is double, e. g., the lower
[p- 4l
numl
8 THE MERCHANTS ADVENTURERS OF ENGEAND.
shalbe reasonable Cause to the Contrarie, and so ac¬
cepted of by the Court, Provided that yf
The Treasurer persone be Chosen Treasurer and
chosen and serve the place, he
to serve shall forfeit n- r - ^ ,■
fiftye poundes. shall forfeict ftyftie poundes sterlinge to
the vse of the ffellowshippe.
Yf anie brother of this ffellowshippe shall by order of
the Governour or his deputie Assystentes and Generalitie
u xu X • u of tbe said ffellowshippe bee chosen and
He that is chosen _ , , ,
to be Treasurer As- called ouer by letters vnto him directed
sistent or Associate on from the Court, to be Treasurer or to bee
that side ye seas he Assistent or Associate one this syde the
shall appeare opon 3eas, he shall not fayle yf wynde and
palne of fiftye poundes. -ç^e^her serue to appear in persone at the
tyme and place appointed, and serue his full terme ex¬
cept he haue leaue of a Generali Court to depart before,
vpon pain of ffyftie poundes sterlinge to the vse of the ffel¬
lowshippe without fauour or pardone reasonable cause
or excuse in dew tyme made to the satisfaction of the
Court alwayes excepted, as in the Ordinances the choice
and charge of the Treasurers and Assistentes one this
syde the Seas, ys more particularly sett downe and ex¬
pressed.
The Governour or his deputie and deputees, shall ac-
cordinge to oath to the vttermoste of his or their power
What It Oonaeraor supporte and mainteyn the ffellowshippe
or his Deputye, or of merchantes Adventurers, and the Priui-
Deputles ought to doo, leges of the same. And shall Indifferently
and what not doo. and vprightly execute the Statutes, Lawes
and Ordinances of the said ffellowshippe, Correctinge the
breakers and Offenders thereof accordinglye, he or they
shall not bringe in or make anie new Customes Tawes or
Ordinances without the aduyce and consent of the As-
GOVERNMENT AND COURTES.
9
sistentes or the greatest parte of them, neither shall he or
they bynde or charge hym or themselues or enter into
and processe sewt or busynes in the name of the ffellow-
shippe, without the lykinge and agreement of the same,
vpon pain to bee deemed and holden insufficient and
vnworthye of the place of Government in the said ffellow-
shippe.
An Assistent or Associate accordinge to
oath shalbe Indifferent and equall between Assistent or Associate,
all manner of parties and shall giue his
best aduyce and Counseill supportinge and maynteyn-
inge the Comon weale of the ffellowshippe of merchants 5
Adventurers, And settinge apart all priuate respectes of
IvOve or dread, favour or meed And so shall effectually
Assist the Governour or his Deputie or Deputees, in ex¬
ecution of the kawes Statutes and Ordinances of the folios
foresaid ffellowshippe agreable with equitie and con¬
science, vpon pain to bee held as a persone vnworthy to
occupie the Place of an Assistent or Associate.
The Governour or his Deputie and Deputees and all
other officers of the ffellowshippe, shalbe alwayes helpfull
to anie brother or persone of the said ffel- „ , , .
. . . . , , ^ . . Heipe to be geuen
lowshippe with the Entercourses, Pnm- „
leges. Compositions and other prouisions, fellowship by the offl-
(suche brother or persone not havinge cers of ye same with
willfully run into danger or trouble) and ye entercourses, priul-
shalbe redie to defend him as far as dc.
reasone requyreth, at his Costes & charges. And yf the
Court so thinke good in his particular or priuate name to 7
pursue his cause to the end, he requyringe the same and
payinge the charges as aforesaid.
Whensoever anie brethern of this ffellowshippe shalbe
appointed by Court for the doeinge of anie busynes
lO THK «MERCHANTS ADVENTURERS OE ENGEAND.
matter or Comission generali or particuler, either one this
Committies appoint- syde the seas or England, he or they shall
ed by Court not doing doe all that in hym or them lyeth, to per-
their office to pay XL forme and finishe the same, within or at
sli. steriing. suche tyme as to him or them shalbe sett
8 or limited upon pain of ffourtie shillings sterlinge, to be
forfeicted and paid by him that shalbe found in default in
the premisses, neither shall he or they depart the Towne
or place where suche busynes ys to bee donne without
licence of Court, vpon iust occasion, the said busynes not
beinge finished vpon the lyke penaltie. And whoesoever
Chosen and appointed to anie busynes or comission beinge
And net appearing warned by an ofiBcer or beadle to appear
upon warning geuen. maketh default, he shall forfeict and pay
vjs. viif d. for eache tyme 6 sh. 8 d. sterlinge.
Yf anie subiect of the Kynges Maiestie or of his succès-
Act against viola- I°termedlÍDge with the trade of a
tors of the Companyes merchant Adventurer one this syde the
Priuiiedges Charters, Seas shall comitt or doe anie offence
graunts, or any the against anie the Lawes, Statutes, Actes, or
iawes, statutes or or- orders, of the ffellowshippe and beinge
dinanees of ye feiiow- j^awfully convict and condempned for the
same, shall upon orderlie demannd refuse
to pay or shall not pay suche fines, Amerciamentes, Im¬
positions and sommes of monie as shalbe laid upon him
g or upon his goods or merchandises, or shall attempt by
anie meanes directly or Indirectly by way of Complaint
cautele devyce Confederasie or Intelligence with anie
foreign Prince Potentate or magistrate, or shall with anie
stranger borne cause to bee attempted or goe about to
violate, break, offend or make void the force of anie of
the priuileges, Eiberties or granntes giuen to the ffellow¬
shippe or anie part of them, suche persone so offendinge
GOVERNMEÎNT AND COURTES.
II
refusinge attemptinge or Causinge to bee attempted, shall
for the first tyme forfeict one hundred pounds sterlinge
for the second tyme two hundred pounds sterlinge for the
third tyme three hundred pounds ster: and for euerie
tyme after lyke fyne of 300 1. str: And wheresoeuer his
bodie may bee found the same shalbe arrested and Com-
itted to prisonne, till he haue fully satisfyed & paid the
penalties and ifines aforesaid. And yf anie brother of
the fiellowshippe shall comitt, offend, refuse attempt or
cause to bee attempted as aforesaid and namely shall
labour procure, sollicite or Instance, priuily or openly by folio 6.
Conen Colour fraude or malengine by himself or by anie
other persone or persons, shall help, aid, counseill or
Assist with any goodes monie or reward offer or promise,
or shall attempt or doe anie thinge in woord or deed to
the breach preiudice disanullinge or makinge void of the
Priuileges, ffreedomes. Charters or grannts to the ffellow-
shippe of merchantes Adventurers by his maiestie that
now ys, or by anie other his Noble Progenitors or by anie
other Prince Potentate State or Comonwealth whatso¬
ever heretofore grannted or hereafter to be grannted, by
his said maiestie or his heires or successors, or by anie
other Prince Potentate or Comonwealth whatsoeuer,
suche persone so doinge or Attemptinge against the said
priuileges, charters, ffreedomes or grannts to the violation
or derogation of them or of anie Article point or clause in
them or anie of them conteyned, shall bee held a periured
persone and bee disfranchised and banished from the
liberties of the said fiellowshippe for ever.
If anie brother of this fiellowshippe shall
^ • ji J ^ 1 '4.^ ^ Against Brethren of
aduisedly and stubbornly comitt or doe the fellowship vlolat-
anie trespasse against his oath to the said ing their oath, con-
fiellowshippe taken, or any parte thereof, uicted for any enor-
12 THB MERCHANTS ADVENTURERS OF ENGLAND.
mous offence, etc., or shalbe conuict of some other great or
stiall be excluded enormous offence trespasse Contempt or
from the liberties of against the Lawes Statutes, Actes,
the sayd fellowship. - rc ii
orders or Ordinances of the said ffellow-
shippe made or to be made, or shalbe iustly attainted of
cooseninge, felonie or other heynous or Capitall Cryme,
he shalbe utterly excluded of and from all the libertyes
of the said ffellowshippe.
When sentence of disfranchisement ys to be passed or
Disfranchlzement, pronounced against anie person whatso-
aud readmlttance of ever, the same shalbe donne at a General
disfranchized persons Court by the Governour or his Deputie
to be done by xxtie twentie Assistents thereat present and
ofyeAsslstents. Assembled. And the same order shalbe
observed at the receivinge again into the ffreedome of the
ffellowshippe anie persone disfranchised which by the
ordinances may bee received in again.
Yf anie persone subiect to the Government of the ffel¬
lowshippe, either by subbornation vnlawful procurement,
persuation or sinister means of anie other or by his owne
Act, consent and agreement, shall wittinglye and cor¬
ruptly comitt willfull periurie by his depo-
Periurye, and false ypon oathe ministred by order of
witnes losse of ten „ ^ , . . , ,
pounds and disfran- or beinge examined to bear records
chisement. of a truthe, or shall procure anie wyttnesse
or wyttnesses by reward promises or vn-
lawfull means, or labour, or shall cause anie other persone
in anie sorte or manner whatsoeuer to comitt willfull or
corrupt periurie in anie matter or Cause waightie whatso¬
ever, concerninge the foresaid ffellowshippe or orders of
the same, such persone so offendinge and thereof dewlye
Convict, shall forfeict tenn pounds sterlinge to the use of
the ffellowshippe and further bee disfranchised & deprived
GOVERNMENT AND COURTES.
13
of and ffrom all the lyiberties and Rightes of the said
ffellowshippe.
Yf anie persone subiect to the Government and orders folio¿7
of the ffellowshippe whether at Court or out of Court 13
shall vnreverently or vndewtifully behave himself in
woord or deed, wrytinge or gesture or shalbe contentious
^nd vndecently holde argument against the Governour or
his Deputie, he shall forfeit and pay fourtie Unreuerent cariage
shillinges sterlinge; And yf he will not bee towards the Oouv-
quieted so, but eftsoons reneweth or con- ernor or Deputye.
tinueth suche his disorderly behauiour, he XLsh for
shall forfeict and pay four poundes ster- jontinuance
linge. But yf then also beinge comannded *
to cease, and admonished of his dewtye and the dannger
he runneth into by his misdemeanour or after that this
Act (yf the matter fall out in Court) shalbe read unto
him, he not withstandinge will not bee ruled reclaymed
or take annswer, but replyeth against or yf he will not be
provoketh the Governour or his Deputie, reclaymed but troub.
or otherwise troubleth or abuseth the leth and abuseth the
Court and ministers thereof he shall for- Court—ten poundes
feict and pay tenn poundes sterlinge to the imprison-
use of the ffellowshippe, and his bodie
shalbe comitted to prisone to abyde the further order
of the Court, And no brother of this
ffellowshippe shall abette or favour anie No man shall fauour
. , . . , any such vnrule per-
such unruly persone in his misdemeanour „„„p.,„ke
Upon the like penaltie.
Act or determination of Court beinge plainlie passed 14
and sett downe, concerninge anie matter or question
whatsoeuer handled before the Court, yt shall not bee
lawfull for anie particular persone to Controlle, speake or
14 the merchants adventurers of ENGEAND.
No replye after an replye against the same, vpon pain of tenn
Act is past pena ten poundes sterlinge, I^ikewise when Sen-
poundes sterl. nor ap- tence by Agreement of Court ys pro-
peale from ye deter- j^ounced by the Governour or his deputie,
minaclon of Court vpon j i i j j r
like peneltye and Im- -'eco'-ded, no persone of the
prisonment. ffellowshippe shall reply or speake against
the same, Neither shall attempt anie fur¬
ther provocation or appele, but submitt himself to suche
sentence, vpon pain of tenn poundes sterlinge and Im-
Yet by petición to prisonment thereto abyde the pleasure of
the Court to seeke the Court, Nevertheles yt shalbe lawfull
redresse is allowed, by way of petition to seek redresse or
grace at the Courtes handes, in quiete and dewtifull man¬
ner without Incurringe anie penaltie therefore.
15 No persone of this ffellowshippe or other shall vpbrayd
or contumeliously Charge any other per-
Vpbrayding any per- - r ..1,
son for any matter for »one, with anie matter or cause for the
which he hath bene which he hathe been called in question
called in question be- and convented before the Court, and
fore the Court etc abidden the order & determination of the
pein ten poundes steri game, Neither shall speak reporte or
for ye first time and abroad anie woord or matter tend-
twenty for the next. . ^ , j r j- -
inge to the reproch or defamation of ame
suche persone for cause aforesaid, vpon pain of tenn
pounds sterlinge for the first tyme & twentie pounds for
the second t3'^me herein offendinge to the vse of the ffel¬
lowshippe.
16 No persone or supposte of the ffellowshippe shall by
For speaking writ- woord wrytinge or ryme advisedly falsely
ing or doing whatso- or of malicious Intent speake declare or
euer to the reproach giue out in wrytinge or otherwise anie
of ye Oouuernour Dep- Thinge whatsoeuer tendinge to the reproch
Imnrknnlr/" Contcmpt, slanndcr or defamation of the
GOVERNMENT AND COURTES.
15
Governour or his Deputie or of the Court, vpon pain of
Imprisonment or other punishment at the discretion of
the said Court.
Yf anie persone of the ffellowshippe for anie cause folio 8.
whatsoeuer, concerninge the orders of the said ffellow- 17
shippe, pretended either against him or against some
other for whome he hathe to doe, or for anie cause question
quarrell, stryfe Action or debate between hym and some
other shall bee called and dealt with all before the Court,
after suche matter cause etc There handled [ended] and
discided. Yt shall not bee lawfull for suche persone at
anie tyme after by woord or wrytinge to speake or declare
or to doe anie thinge tendinge to the re- Reproach brought
proache or defamation of the Governour or upon ye Gouuernour
his Deputie and Assistentes or Associates Deputy or Assistents
or of anie of them, for anie thinge by them matters passed in
or by anie of them spoken or donne in
that cause or matter, vpon pain of tenn poundes sterlinge
for the first tyme and twentie poundes sterlinge for the
second tyme or other arbitrarie correction at the discretion
of the said Governour or his Deputie and the Court:
Nevertheles yt shalbe lawfull by way of Petition to sue
for anie reasonable remedie or relief, givinge and vsinge
decent woordes and behaviour towardes the Court and
euerie member thereof.
The Governour or his Deputie and Deputees shall and 18
may at all tymes lawfull and Convenient, warne and call
together the Brethern of this ffellowshippe wheresoever
anie parte thereof ys Resydinge, to Courtes Congrega¬
tions, Assemblyes and meetinges, for the Generali or par-
ticulare busynes and affaires of the said ffellowshippe.
And whensoever anie Court Congregation Assemby or
meetinge shalbe warned as aforesaid, whatsoeuer persone
16 THE MERCHANTS ADVENTURERS OE ENGLAND.
of the ffellowshippe shalbe absent or beinge warned shall
not giue attendance at the tyme and place appointed, yi
he bee an Assistent or Associate one this
Absence from Courts , i c r ■ ^ j /-
and meetings. forfeict and pay 6
sh. 8 d. fflemishe, and yf he bee of the
Généralité 3®^ 4*^ fSemishe, yf anie persone bee absent
three General! Court dayes together he shall forfeict and
pay 20® fflemishe. And whoesoeuer shall
Late comming or Court warned, that ys aftei
departing before the , , . , , , . ,
Court break up. three strokes with the hammer given by
the Governour or his Deputie, or shall de¬
part and not return again before the Court break vp and
ryse, he shall pay hälfe of the aboue-written penaltie foi
absence to wytt 3® 4*^ all the aboue said penalties to bee
applyed twoe thirdes to the vse of the Pool
Th employment of third to the Beadles collectinge
ye penalties. , a -, r ^ ,
the same, And yf the Beadle or othei
offlcer theretoappointed shall neglect to leuye the aboue
said penalties, or shall suffer anie to depart without learn
or pawne sufficient giuen to return in dew tyme, he shal
himself doe good the said penalties without favour o:
pardone. And whoesoeuer beinge demannded by the
Beadle or offlcer therto appointed, shall refuse to make
payment of the abouewritten penalties he shall forfeic
and pay the doble of that he ought to haue paid by thi;
Act, leaue or iust Cause in this and all the former Case!
alwaies excepted.
folio 9. The Assistentes or Associates beinge absent, so tha
19 the Governour or his Deputie and those present canno
keep Court but break vp for want of dew appearence
suche persons are to bee accompted as absent the whoL
Court, and shall pay the fyne of 6® 8"^ fflemishe for suchi
absence.
GOVERNMENT AND COURTES.
17
When anie Court Congregation or Assembly shalbe
lawfully warned, and that anie persone shalbe sent for
and Charged to come and appear before the Governour
or his Deputie at suche Court Congregation or Assembly
or when Comanndment shalbe giuen by the said Gov¬
ernour or his Deputie or Deputees to the Brethern of the
ffellowshippe Generally or particularly to give attendance
or otherwise to doe anythinge reasonable and lawfull In
Court or out of Court vpon pain of disobedience whoeso-
euer without leaue or iust Cause shall not
. J . Warning geven to
appear or giue Attendance, or appearinge meetings
shall depart before he bee orderly dis- disobedience,
missed, or shall willfully neglect or refuse
to doe or performe accordinge to suche Comanndment as
aforesaid, he shall forfeict and pay for the first tyme
fiyve pounds sterlinge for the second tyme tenu poundes
sterlinge and faylinge the third tyme he shalbe Comitted
to warde, there to abide the further pleasure of the Court,
And whoesoeuer beinge warned by the OfiBcer to appear
by an honre or tyme prefixed before a Court of Assistentes
or Associates, shall without leaue Omitt so to doe, or
appearinge shall depart before he bee dismissed by the
Court (yf suche warninge were not giuen vpon Disobedi¬
ence) he shall only pay for euerie suche default 6' 8^
fflemishe, And yf he Come after the honre and tyme sett
he shall pay 3' 4"^ fflemishe twoe thirds to the vse of the
poor the rest to the officers.
Yf anie persone of this ffellowshippe shalbe found and
prooued to have disclosed to anie persone Knglishe or
other vnffree of the said ffellowshippe, anie secret or
matter passed in Court, or shall to the hurt or displeasure
of anie brother of the ffellowshippe open to anie persone
whoesoeuer anie thinge passed or spoken in Court, he
18 THE MERCHANTS ADVENTURERS OF ENGEAND.
shall forfeict and pay for the first offence
Discouerye of mat- „ j
lers done In Court. sterlmge, and for the second
offence tenn pounds ster; and for the third
offence twentie pounds ster: And yf the secret or matter
uttered to anie other then a ffree brother shalbe suche
and of that Importance or qualitie as might or was likely
to have turned to the displeasure hurt or preiudice of the
ffellowshippe or of some member thereof, then the
offender Convict, by sufficient proofe, confession or wytt-
nesse, shall abyde suche penaltie or punishment with all
severitie of the Court shall deem meet and Convenient for
suche an offence.
22 In the absence of the Governour or his Deputie, yt
The Treasurer or shalbe lawfull for the Treasurer for the
Secretaryemayassem- tyme beinge or none beinge, for the Sec-
ble the ffellowship in retarie, to call and Assemble those of the
the absence of ye Oou- ffellowshippe together, and unto them or
uernour or Deputye. meetinge or Assembly to pro¬
pound sett foorth and handle suche matter or matters as
as are to bee sett foorth propounded or handled con-
cerninge the busynes Causes and auayle of the said ffel-
folio lo. lowshippe. And to requyre and take the voices, myndes
aduyce and Resolution of the Assistentes or generalitie or
of bothe together one that behalfe, keepinge dew note oí
that which passeth ys concluded or resolued to the end
that the same may be confirmed or Reformed, yf occasion
serve by the Court, at some other Convenient tyme. And
yf anie man shall not appear and bee absent without
reasonable or lawfull cause or excuse upon warninge oí
suche meetinge or A.ssemby after the accustomed manner
he shall forfeict and pay as in case of absence or none
appearance at Courtes or Assemblyes warned by order oí
the Gouernour or his Deputie.
GOVERNMENT AND COURTES.
19
Yt shall not bee l^wfull for anie brother of the íFellow- 23
shippe to Interrupt another in his speeche
4. 4.1. /-A 4. -L 11. 4.1. Interruptien whilst
vnto the Court, or to speake when another „ . ,,
' f another is speaklnge.
IS speaklnge, or to direct his speeche to
anie particular man or persone that spake last before
him, but he shall direct the same to the Governour or
his Deputie annswearinge only to the matter propounded
or in handlinge, without naminge anie man that spake
before hym vpon payn of 12*^ fflemishe for euerie tyme
that he shall offend in the premisses to the vse of the
poor.
When anie persone shalbe before the Court to make 24
suite or to shew declare or annswer anie matter or Cause
whatsoeuer, no brother of the ffellowshippe shall Interrupt
or lett help prompt or aydd anie suche
persone in his speeche or talke, neither Prompting or ayd-
V 11 , 1 1 • 4.V* 4. 1 N another in his
shall he speake openly ame thinge touch-
inge the matter or Cause while the partie
ys present, vpon pain of twentie pence fflemishe, except
he shall bee Requyred to speake or shew his aduyce or
knowledg by the Governour or his Deputie,
Silence beinge comannded or signifyed by a stroke of 25
the hammer, no persone shall speak loude
or holde talke with another, but beestill Silence,
and silent vpon pain of 6"^ fflemishe to the poor.
When anie matter shalbe handled or fall in question 26
Concerninge anie persone of the ffellow- ^e whose cause is
shippe present he shall himself auoyd the handled, his brother,
Court, lykewise the brother, partner, fac- partner, factor or ser-
tor or servant of suche persone or anie "^nt shall auoide the
other in question or whose cause ys
handled, yf there bee anie suche in Court.
No dishonest fowle or vnseemly language or gesture 27
20 THE MERCHANTS ADVENTURERS OF ENGLAND.
shalbe vsed in tyme of Court by anie one
^^^Dishonest language, another but the vser thereof
shall forfeict and pay tenn shillings fflem-
ishe to the poor.
When anie matter shalbe handled or propounded in
Court, yt shalbe lawfull for eúerie ffree brother to de-
liuer his mynde and declare his opinion Concerninge the
said matter at large, three seuerall tymes and no more
vpon pain of 3® 4*^ fflemishe doeinge otherwise, except he
bee comannded by the Governour or his deputie.
folio II. The Assistents Associates and ffreemen of the Com-
29 panie or ffellowshippe shall not sytt among the appren-
tyces but in suche place and places as for them ys properly
appointed in Court, vpon pain of 12'^ fflemishe, neither
shall anie Covenant servant or ffreeman or he that ys his
maisters Atturney sytt amonge the said apprentyces,
vpon pain of 6^ fflemishe.
30 Apprentyces except they bee their maisters factors and
. ,, Atturneyes shall haue no voice nor hand
Apprentlzes shall . ^ ,
have no voyce nor Court, neither shall they sitt out of the
hande In Courts except foormes or place for them appointed, vpon
they bee their mas- pain of 6"^ fflemishe, Notwithstandinge yt
ters' factors and at- shalbe lawfull for anie apprentyce havinge
torneys. occasion to deliuer his mynde, speake or
make anie sewte or motion to the Court to present him¬
self and Come foorth of his place before the Court with
dew Reuerence, and so to speake deliuer his mynde and
to make his suite or motion, for himself or anie other as
occasion shall serue.
31 The Treasurer for the tyme beinge shall collect the
Tke Treasurer shall Brakes for late cominge and for absence
collect the Brookes for Courtes of Assistentes or Associates,
late coming and ab- which yf he neglect to doe he shall forfeict
GOVERNMENT AND COURTES.
21
and pay the doble thereof himself to the sence from Courts of
vsse of the poor. Assistents.
The Beadles shall collect the forfeictures or Broakes for 32
late cominge to Generali Courtes and ab¬
sence from them, and shall hand a third
parte thereof for themselues the rest to bee the Broakes for
^ , -, . P absence & late coming
to the vse of the poore, vpon pain of pay- £,„^5.
inge the said forfeictures and brokes them¬
selues yf they bee remisse and negligent in the Collection
thereof, And at the end of euerie Generali Court, they
shall giue the Treasurer a note of absentes from the said
Court, and whoe haue paid for absence from former
Courtes, before they receiue of the said Treasurer the
third part of that Collected.
All the abouewritten Penalties broakes or forfeictures, 33
to wytt for cominge late to Courtes ab- yy|,at Broakes shall
sence and all other matter of that nature be leuied to ye vse of
or thereone depending. Tikgwise for sitt- the poore: and the
inge out of order, speakinge loude, and Beadles to haue one
when silence is comannded, speakinge y®"**
offener then three tymes in one Cause, speakinge while
the partie ys present in Court, promptinge or Interrupt¬
inge anie man in his Speeche, and all other the lyke
abuses and offences above-mencioned, shalbe levyed and
paid to the vse of the poor, savinge to the Beadles or
officers one third parte thereof ffor their paynes. And
whoesoeuer shall Refuse to pay the said penalties,
Broakes, and forfeictures, he shalbe Compelled to pay
doble ffor the first tyme, and for the second offence or
denyall shalbe punished at the discretion of the Gover-
nour or his Deputie.
Yf anie man shalbe presented to the Treasurer in the foUo 12.
Beadles note for absence and beinge demannded payment 34
2
22 THE MKRCHANTS ADVENTURERS OF ENGEAND.
shall notwithstandinge departe the marte Towne, with¬
out makinge orderly payment, the doble of the said
broake shalbe levyed of his factor or seruant or goodes,
but yf he were not demannded the same he shall pay but
the single.
35 Yf anie brother or persone of this ffellowshippe beinge
examined by order of Court vpon his oathe, Concerninge
anie matter Cause or offence, which oathe he or some
other whoe he serueth or hathe to doe for standeth pre-
He that shall he ®^^ted or charged to haue donne or Comitt
examined vpon oath or against anie the lyawes. Statutes, Actes or
otherwise shall refuse Ordinances of the said ffellowshippe, shall
to answer; shall bee refuse to make direct answear or to depose
holden condempned. jjj manner and forme as shalbe to hym
enioyned by the Governour or his Deputie, he shalbe
holden faultie and condempned as guiltie in suche fine or
fynes as by the lyawe, Statute, Act or Ordinance (vpon
which he refuseth to be examined or deposed) ys pro-
uided against the broakes thereof. And yf anie brother of
this ffellowshippe or other persone subiect to the Orders
thereof shalbe Comannded by the Governour or his
Deputie to vtter and declare vpon oath suche thinges as
lawfully may and ought to be knowen, in matters of
doubt or in causes of difference or variance between partie
and partie, or for to giue Evidence and testimonie of that
which he hathe seen or heard, or finally shalbe charged
to say or deliuer a truthe in a matter or Cause Concern¬
inge the ffellowshippe, or otherwise suche brother or per¬
sone shalbe holden and not refuse to declare, giue evi¬
dence and testimonie or to say or deliver a truthe vpon
pain of ffyve poundes sterlinge for his disobedience and
nevertheles to abyde the further Order and Censure of the
Court, at the discretion of the Governour or his Deputie
GOVKRNMKNT AND COURTBS.
23
and the Assistentes or Associates. And yf anie persone
or persons shalbe found periured (which God forbidd) for
anie cause waightie or of willfull mynde to fayne or glose
with Colourable woordes, hydinge fraudulently or not dis-
coveringe the plain truthe or verie substance of the matter
whereby Right and Justice the sooner and
better might bee administred, he shalbe Conulcted «1 Pcrî-
° jri- •• urye penaltye XH and
held suspect, and for his permrie shall
forfeict tenn poundes sterlinge to the vse
of the ffellowshippe, and further from thencefoorth stand
clearly dismissed depriued and put out of the ffellow¬
shippe for euermore.
Yf the ffellowshippe shalbe indebted or owe vnto anie 36
brother of the same, somme or sommes of „ , .
, r No retayning or
monie suche brother shall not therefore stopping of any matter
retayne or stop in his handes anie matter from the Compa vnles
of dutie whether yt bee pledge or securitie it bee for fee or ex-
ffor another or his owne proper debt or PC"ses allowed by
dutie vpon pain of payinge the doble of Auditors, or warrant
that which he shalbe found to owe, to bee
indebted or to haue in handes of the fifellowshippes.
Nevertheles yf the ffellowshippe shall owe vnto anie
persone for ffee or reward or for expenses or charges laid
out about the busynes of the ffellowshippe by order of
Court, And that yt bee so found and allowed by Auditors folio 13.
thereto appointed, or that by Act of Court warrant bee
passed for payment, yf suche persone bee Indebted to the
ffellowshippe for himself or anie other, yt shalbe lawfull
for him to retayn the said debt or so muche thereof, as y s
dew for his ffull satisfaction. But in case suche dutie or
duties beinge owinge vnto anie persone, and that not-
withstandinge for some Consideration or Cause the Court
therevnto movinge, respyte or deferringe of payment
24 THE MERCHANTS ADVENTURERS OF ENGLAND.
shalbe taken for a tyme, he or they shall not arrest, vexe,
trouble, or cause to be arrested vexed or molested the
persone goodes shippe or shippes of anie brother of the
ffellowshippe, laden for or to the partes one this syde the
Seas, in anie Porte or place within the kynges dominions,
vpon pain to forfeict vnto the ffellowshippe his whole
deniannd debt or dutie. And further yf suche persone or
persons shalbe ffree of this ffellowshippe, he or they
shalbe disfranchised except the matter have been de¬
clared before the Court and licence been grannted so
to doe.
37 Yf anie brother of the ffellowshippe or Officer of the
same, shall disburse or lay out monie for
He that shall dis- or in the affaires of the ffellowshippe, he
burse any mony for shall bringe in his bill to the Court, or to
the fellowship shall Treasurer for the tyme beinge and de-
bring In his Byll to . , j- i r ■
the Treasurer lor the payment accordmgle, yf one this
syde the Seas within the same marte that
he shall disburse the said monie in, and
yf in England in the verrie same marte or in the next
marte ffollowinge at the furthest, vpon pain in vsinge
anie further delay or after he shalbe warned by the
Treasurer to bringe in his disbursements to the said
Treasurer or to the husband to loose his demannd or pie-
tended charges laid out, and the ffellowshippe shall not
bee bound anie tyme after to answer the same. And for
all suche as haue anie monie in their handes of the ffellow¬
shippe, to be laid out or disbursed to the use thereof they
shall bringe in the remaines within lyke tyme as abone
ys sett downe, vpon pain to forfeict the doble of that wffiich
shalbe proued to bee restinge in his or their handes vnlaid
out, or not disposed of except the Court shall otherwise
see good and determine.
GOVERNMENT AND COURTES.
25
Yt shall not bee lawfvll to giue away anie monie aboue 38
the somme of fourtie shillinges sterlinge
out of the Sinxon Marte, except by the
' . geuen away (out 01
Generalitie yt shalbe found that the monie
or gifte to bee giuen away or bestowed ceeding XL® except by
dothe or may tend to the proffytt Credyte order of ye Gen-
seruyce or behoof of the ffellowshippe in era'itye.
which Cases or anie of them, yt shalbe lawfull for the
Generalitie at all tymes to giue or bestowe suche somme
or sommes of mouie as they shall thinke meet and Con¬
venient vpon anie persone whatsoever.
Kverie persone of this ffellowshippe shall at his first folio 14.
cominge to the Marte Townes, or Imediately after his 39
Admission procure from the Secretarie or sworn Clerk of
the ffellowshippe copie of the Taxations and dutyes
payable by the Priuileges, Concordâtes, or agreementes in
the place ffor Tolle Cranage, way monie
labourers hyre, and all other, and shall
. ' . 1 r I'ois not to bee ex-
not for ame cause by way 01 reward or for
his sooner dispatche presume to exceed
the Rate of the said Taxations or duties, vpon pain of
ffyue poundes ster. And yf anie person shalbe found to
Continew suche disorder or abuse he shalbe further pun¬
ished at the discretion of the Court as a willfull contemp-
ner and violatour of good orders.
No brother or other persone of the ffellowshippe shall 40
withhold embesell or keep by him anie
letters Request or writinge directed or sent , l^deining of writ-
. • 4. .1, rr 11 belonging to ye
or otherwise pertayninge to the ffellow-
shippe, but shall foorthwith after the re¬
ceipt thereof or that the same Cometh to his handes,
make deliuerie and present the same to the Governour or
his Deputie or in either of their absences to the Secre-
26 THE MERCHANTS ADVENTURERS OF ENGLAND.
tarie vpon'pain of ffyue poundes sterlinge. And yf the
Governour or his Deputie for the tyme beinge shall
retayne any letter request or wrytinge directed as afore¬
said, and doe not the same to be read openly at the next
Court or Assembly after the receipt thereof he shall for-
feict tenu pounds sterlinge. Kxcept it bee a libell or
wrytinge tendinge to euill purpose and to rayse stryfe,
Contention or Comotion against the ffellowshippe, the
Authors Whereof are to be seuerly punished to the ex¬
ample and terrifyinge of others at the discretion of the
said Governour or his Deputie and the Court or accord-
inge to the Orders.
41 Whatsoeuer shalbe passed or enacted at anie Court
shalbe read at the endinge of the said
Reading of that qj. begyninge of the next, to
which passeth at the - , -,
the end that the same vpon the second
readinge may be Confirmed, or yf need bee
bee reformed or repeeled vpon pain of twentie shillinges
sterlinge yf the fault bee in the Governour or his Deputie,
and tenn shillinges ster: yf the fault bee in the Secretarie
to the use of the fiellowshippe.
42 At the begyninge or endinge of Courtes and otherwise
as tyme and leisure will permitte, one or
Reading ye ordi- ordinances shalbe openly read,
nsnccs*
except the Court for good cause or lett to
the contrarie vpon pain of 6® 8'^ fflemishe, to bee forfeicted
by the Governour herein makinge default, 3* 4^ by the
Deputie, and 20^ by the Secretarie to the use of the
fiellowshippe.
folio 15. To the ende that Brethern and members of the ffellow-
43 shippe one this syde the Seas tradinge in tollerated place
or places out of the marte Towne may be concernd as
they ought to bee euerywhere vnder the due obedience
GOVERNMENT AND COURTES.
27
of the Governour or his Deputie and Assistentes and of
the good lawes orders and Constitutions of the said ffel-
lowshippe alredie made or to bee made for the quiete
and orderly rule and government of the foresaid ffellow-
shippe and of the Brethern and members thereof, where-
ft
soeuer abydinge. Yt ys therefore ordeyned and enacted
that no persone or persons of the said ffellowshippe shall
take upon him or themselues to sue in his or their name
or names, or in the name of the ffellowshippe either in
England or out of England for the obtayninge or Aug-
mentinge of anie licence, grannt. Charter
or Priuilege to his or their owne particular,
or priuate vse benefyte or comoditye, but *®''3"y''<^c"se,graunt,
1 r . T. r .1 charter, or Priuiledg
to the vse benefyte or comoditye of the
for his owne use.
whole ffellowshippe of Merchantes Adven¬
turers of the Realm of England. And yf anie persone
whether he bee in companie with others or out of com-
panie of himself aparte, or jointly with another shalbe
found to transgresse against this ordinance or anie
branche or Article thereof (for which no penaltie ys
alredie provided) or shall giue his ayde connseill or con¬
sent to the breach or violation of the same, he and euerie
one so offendinge shall forfeict and pay to the vse of the
ffellowshippe the some of twoe hundred poundes sterlinge
without favour or pardone one third parte to the vse of
the presenter makinge dew proofe thereof as apper-
tayneth.
The ordinances alredie made or hereafter to bee made /\4
by Authoritie of the ffellowshippe shalbe
understood to bee of force, and shalbe of The ordinances
force in deed not only for and in the Conn-
tries of Holland, Zeeland, Brebant, Flan-
' . ' ' pany Is Priulledged.
ders and other the Provinces of the Neth-
28 THE MERCHANTS ADVENTURERS OP ENGE AND.
erlands, but also for and in all other countryes one this
syde the seas where the ffellowshippe by the Charters and
Priuileges of the same ys or hereafter shalbe Priuileged.
45 Where there ys no expresse custome order, statute or
ordinance for any matter cause or thinge
Where there is no faHinge out in the ffellowshippe, the same
*Sic. in the fiel- ordered Jugded* and determined
iowship, the iawe of „
England shall take accordinge to equitie & conscience agre-
plaee. able which the lawes and Statutes of the
Realm of England one that behalf, yf anie
bee made or provided.
46 The Courtes shalbe alwayes begunne with prayer and
Invocation of the name of God for his
The Courts to begin Assistance and gracious direction
with prayer. . , , , " , , -1, ^
m the matters and busynes to be handled,
lykewise they shalbe ended with prayer and thankes-
giuinge.
folio 16. Concerninge the Brethern of this ffellowshippe within
47 the Cittie of Eondone and other partes of the Realm of
England, the Governour or his Deputie
Olde order for ab- Deputees there Respectiuely, shall
sence and late coming tymes lawfull and con-
to Courts : altered as . , J 1, 4. 4.1, 4.1. -n 4.1.
appearetli by the Act cement warne and call together the Breth-
next followinge. said ffellowshippe, wheresoeuer
anie of them are Resydinge to Courtes,
Congregations, Assemblyes and meetinges ffor the busy¬
nes or affaires publicke or priuate of the said ffellowshippe
or of the members thereof And whensoeuer anie Court
Congregation Assembly or meetinge shalbe warned as
aforesaid whatsoeuer persone of the ffellowshippe shalbe
absent or beinge warned shall not give attendance at the
tyme, honre and place appointed, yf he bee an Associate
he shall forfeict and pay iij® üij*^ sterlinge and yf he bee of
GOVERNMENT AND COURTES.
29
the Generalitie 12^ sterlinge, And yf anie persone shalbe
absent three Court dayes together yf he bee an Assistent
he shall forfeict and pay ffourtie shillinges sterlinge, and
yf he bee of the Generalitie twentie shillinges ster: And
whoesoever shall come late to Court warned, that ys
after the three strokes giuen with the hammer by the
Governour or his Deputie accordinge to auncient,^ or
shall depart and not returne again before the Court
breake up and ryse, he shall pay the hälfe of the abone
written penalties for absence, lawfull lett or excuse to bee
accepted by the Court alwayes excepted. The aboue-
said Broakes to bee taken and Collected by the Beadles
without favour or pardone, whoe for their paynes shall
have twoe pence of each shillinge of the said broakes by
them so collected. And whoesoever being demanded by
the Beadle shall Refuse to make payment of the aboue-
said penalties he shall forfeict and pay the treble of that
he ought to pay by this order, lawfull excuse to be
allowed by the Court alwayes except as aforesaid. And
for the better observinge and executinge of this order, yt
ys further ordayned that yf anie brother of this ffellow-
shippe Incurringe anie of the said penalties and being
demanded the same as aforesaid shall denye and will not
make payment thereof but obstinately refuseth the per¬
formance and fullfillinge of this ordinance then the
officer or beadle shall make reporte to the Deputie and
giue him Notice thereof in wrytinge to the end that he
may aduertise this Court of the same and that the said
obstinate persone may bee punished as in case of dis¬
obedience ys provided to wytt with the penaltie of ffyve
pounds sterlinge to be levyed vpon his persone or goodes
^Some such word as "custom" or "order" appears to have
been omitted by the writer of the manuscript.
30 the; merchants advknturbrs of fngland.
here or wheresoeuer they may be found. And this order
to be obserued by the said Deputie and Beadle, vpon pain
of forfeicture of twentie shillinges sterlinge by the said
Deputie and tenn shillinges by the Beadle ffor euery
tyme that either of them shalbe found ffaultie or Negli¬
gent herein. This order is mended and amplifyed by
Act of the Seventeenth of July Anno domini 1610 as after
ffolloweth next onto this order,
folio 17. The old penaltie ffor absence and late cominge to
48 Courtes in Tondone shalbe ffrom hence-
Ni€W Order for 3b* ^ í.t. /v 1^*11* j . i^'n*
J , ^ foorth ffour shillinges, and twoe shillinges
sence and late com* .. , , , , . -,
ming to ye Courts. sterlinge, agreable to that which ys here
taken in Middlebronghe for those kynde
of Broakes, and that yf anie man beinge warned to
Courtes either of Assistents or generali Courtes by the
Beadle by order of the Governour or his Deputie, shalbe
absent or come late without lawfull excuse to bee accepted
by the Court, or by the said Governour or his Deputie,
he shall foorthwith pay the abouesaid penalties. To
Wytt yf he bee of the Generali tie 2' sterlinge and yf of
the Associates 4® sterlinge. And yf he come late or de¬
part the Court without Return before the Court doe ryse
the hälfe. And yf he shall refuse to pay and will not pay
the same or anie other penaltie of the lyke nature pro¬
vided by former order without lawfull excuse as afore¬
said, he shalbe debarred of the Benefyte of the ffree
lycence till he haue paid the broakes he oweth for the
abouesaid cause to the Treasurer or Beadle appointed for
Collection of the same, or otherwise haue giuen satis¬
faction to the Court or to the sayd Governour or his
Deputie, the Beadle to haue the third of the said Brokes.
49 The ffollowing ^ is a continuation from William Alder-
^ The remaining sections of this chapter, that is, paragraphs 49,
GOV^RNMKNT AND COURTES.
31
seys Booke The ould Orders for appearance at Courts att
Middleburg being read and Considered It is enacted for
This Place att Hamburg That the Penalty for non ap¬
pearance or absence from Court of an assistant shall be
iij® and of the Generality ij" and for the late coming of an
assistant xviij' and of One of the Generalitie vij^ Hamburg
money Thus to be understood only off Ordinary Courtes
and not such as are warned upon pain off [d]isobedience
and The Penaltys to be diu[i]ded One hälfe to the Poors
Box and the other hälfe to the Beadles.
Whereas the Brethren at Middlebcurgh by late letters 50
signify their desire to haue the old act prouided against
such Brethren of the ffellowship as within the consent or
Commission of the same ffellowship shall attempt to gett
or procure any Ticence Grant or Priuilledge Touching
the Trade of the Company to their own Priueledge use
Further Kxplained soe that the Penalty of Two hundred
Pounds in that act prouided may be imposed on all and
euery such Brother or Brothers as shall take upon him or
them or shall enter into any suite of what soeuer kinde
procese matter or buisness For or in the Name of the
Same Fellowship or for or Concerninge the Same or
touching the Trade priuiledges or liberties thereof on this folio 18.
side the Seas or Elsewhere without the knowledge and
special consent Eeave and Commission from the said
Fellowship first had and obtained This Explanation of
the said Order If by this Court well liked and Ordeyned
to be taken for the true sense of the same And because
the said Penalty of ^200—if not thought sufficient for
such offence in some Casses Therefore It is now Ordained
50, 51 and 52 are in a different hand, being transcriptions made by
the Secretary at I^ondon in 1770, cf. fol. 19.
32 the; merchants advbnturkrs of England.
that if any such offence happen to be Commited it shall
be at the choice of the Court either to take the said
Penalty of ;^200 or Klse utterly to disfranchise the partie
or parties offending Enacted the 22 November Anno 1612
In Hamburgh.
Whereas there hath been of late certain Arrests made
off Diuers parrcels of Interlopers Goods of which some
are Commodities of England Others warres of Forreing
Countries. It was now considered whether it were fitting
utterly to restrain all Trade of Unfreemen unto this Place
or only their trade in Commodities growing or made in
England It was afte due debating resolued that it shall
be Tollerated that any Unfreeman may trade in this place
in any fforreingn Commoditie Payinge Unfreemens Toll
for them and submiting himself in such trade unto the
Orde[r]s of the Company and to that end consigning his
goods to a Brother off the same Enacted in Hamburgh the
20 March 1612.
Whereas it is found that the Fellowshippe is uery
much preiudiced through the negligent collection of
Broakes Hanses & Fines as likewise through the dilatory
Auditing of Treasurers accounts It is now Ordained and
Enacted That euery Treasurer after the expiration of the
time for which he was chosen to ofiiciate that place (an
other Treasurer being chosen) shall be obliged and
holden within four weeks to deliuer an Account of his
Reciepts and payments unto the Husband for the use of
the Fellowshippe unless he shew cause for the ommting
of the same to the satisfaction of the Court upon the
Penalty of Ten Pounds sterling which said account the
Husband shall within fourteen days after the receipt
thereof draw up and digest into the usual method and
make ready to be audited [unless there be just cause to
GOVERNMENT AND COURTES.
33
the contrary which he shall be obliged to signifie unto the foho 19»
Court within the said time] upon the Penalty of íForty
shillings sterling and to be further punished att the Dis¬
cretion off the Court.
And because of the gread prejduce & trouble which re¬
dound to the Company by the long standinge out and
carr3dnge over of Debts which by the orders [in former
times exactly practised] ought to be cleared by that
Treasurer in whose time the same became due It is
ordered and enacted that;for the futur for Hanses Fines
and Broakes att Admissions and all Broakes condemned
in Court for any kind of transgressions against the orders
of the fellowshipp and all other moneys whatsoever for
which there are securitys put in to satisfye the Treasurer
the same shall be cleared by each respectiue Treasurer in
whose time the said Debts did arise.
And that att the Auditing of his account no such kind
of Debts shall be allowed of to stand out in Ballance but
shall be reckoned unto him as ready money in Cash.
And lastly that the Treasurer may be ffully informed
what moneys doe arrise due to the Fellowshipp in his
time and consequently are to be collected by him accord¬
ing as the orders doe sufficiently direct and empower
him. It is ordained that the Husband shall within eight
days after each Court whether Generali Court or Court
of Assistants give up in writinge unto the Treasurer a
particular of all such moneys as by order of the said
Court shall be found due unto the Fellowshipp to be col¬
lected by the Treasurer, upon the Penalty of One Rix
dollar soe often as he shall offend therein.
Actum in Hamburgh the 31 January 165!. These last
Four Articles were transcribed at Tondon the 13''' Febru¬
ary 1770 by Nehemiah Nisbett Secretary.
Caput Secundum.
ADMISSIONS INTO THE FFELLOWSHIPPE OF MER¬
CHANTES ADVENTURERS OF ENGLAND THE ORDERS
THEREOF AND OTHER ORDERS CONCERNINGE AS-
WELL FFREEMEN AS APPRENTYCES.
folio 23. Euerie persone Admitted into the fifreedome of the
ffellowshippe of Merchants Adventurers of the Realm of
England, shall pay at suche his admission yf he come in
one the old Hanse as yt ys termed, 6' 8*^ sterlinge, And
yf he come in one the new Hanse tenn markes sterlinge,
accordinge to the Rate of the Exchannge, and besydes
shall satisfye and pay suche other debtes, duties fines and
Assessementes as he himself that ys to be admitted his
father or maister by whome he Claymeth the fifreedome
shalbe found to stand Indebted to the house or otherwise
that he shalbe justly charged withall by the ffellowshippe,
or shalbe Imposed vpon him by the same. And to this
end when anie brother of the ffellowshippe shall send
over sonne or servannt to bee admitted into the fifreedome
of the same, he shalbe bound to make the Governour or
in his absence his Deputie or the Treasurer of the said
ffellowshippe in Eondone or the Governour or his Deputie
in the Cittye or Towne where he dwelleth acquainted
therewith, and from them or either of them bringe and
present an orderly letter or Certificate, that he ys not
Indebted to the ffellowshippe for Impositions of Clothe
or of other Englyshe Comoditye whatsoever shipped out
of the Realm of England to the Towne of Calice, synce
the fourth day of December Anno Domini 1599, or to the
34
ADMISSION INTO THÄ FFEDDOWSHIPPIÎ. 35
Towne of Etnbden or to anie other place in Germanie or
the Lowe Country es synce the 28*'' day of Januarie Anno
domini 1597, or for anie other Cause for the which he shall
stand either presented or condempned, and after knowl-
edg thereof had, hathe satisfyed paid or giuen Content¬
ment to the Court one that behalf for ought the said
Governour or his Deputie or Treasurer doe know or haue
knowledg of, And yf he bee Indebted as abouesaid he
shall bringe or send or present dew notice thereof from
the persons abouesaid or one of them, or make payment
to the Treasurer of the ffellowshippe for the tyme beinge
one this syde the Seas at the Chief Court, or otherwise
giue Contentment and satisfaction to the Court for the
same, at or before the admission of suche sonne or ser¬
vant, vpon pain for not sendinge or bringinge and pre-
sentinge suche letter Certificate or dew notice, or not
otherwise observinge the true meaninge and Contentes
of this order, not to haue suche sonne or servant ad¬
mitted, before he haue sent or brought and presented the
said letter Certificate or dew notice, and haue performed
directly without fraude or guile the true meaninge and
Contentes of this order.
No man shalbe admitted but at a Generali Courte one folio 24.
this syde the Seas except by order of a Generali Court
there for the good and servyce of the ffellowshippe the
same bee consented and appointed to bee donne at a Gen¬
erali Court within the Cittie of Londone.
An Apprentyce to be ffree of this ffellowshippe, shalbe
sixteen yeares of age before he be bound to his maister
after the manner of Apprentyces and shall serve eight
yeares at the least with a ffree and sworn merchant Ad¬
venturer which woordes Merchant Adventurer shalbe
expressely sett downe in his Indenture of Apprentyce-
36 THE MERCHANTS ADVENTURERS OF ENGLAND.
hood that so yt may appear that he serveth for the flfree-
dome of the ffellowshippe, otherwise for default in the
premisses or in anie of them, he shall not bee admitted
into the ffreedome of this ffellowshippe by means or
virtue of suche his seruyce.
Seruice with a merchant Adventurer by Indenture of
Apprentycehood for eight yeares post dated six monthes
or aboue shall not bee of validitie, for the obtayninge of
the ffreedome of this ffellowshippe, but yf the Indenture
bee for longer tyme then eight yeares albeyt that yt bee
post dated six monthes the apprentyce shalbe admitted
the maister first payinge for a fyne to the ffellowshippe
twentie poundes sterlinge, which fyne shalbe taken ffor
euerie Indenture of eight yeares post dated.
No person of what degree or state whatsoever shalbe
admitted into the ffreedome of this ffellowshippe of mer¬
chantes Adventurers of England, except he bee rightly
Intituled therevnto either by Patrimonie from his father
an absolute ffree and sworn brother of the said ffellow¬
shippe, before the birth of the said partie Intituled, or
else by seruyce with a ffree brother of the same ffellow¬
shippe by Indenture, orderly made, after the said maister
was ffree himself or except that (not hauinge anie suche
tittle to the ffreedome) he will and doe foorthwith pay for
a fyne or redemption to the vse of the ffellowshippe twoe
hundred pounds sterlinge at least Provided alwaies that
no persone whatsoever not beinge a true subiect of his
kynges Maiestie none Artificer, Husbandman or Handy-
craftesman havinge no iust tyttle by Patrimonie or Ap-
prentyceshippe, no persone of vnhonest behauiour, no
Bondman, Bastard, nor persone not borne of father and
mother bothe Englishe, no Coosener or other infamous
persone for felonie, periurie, or other griuous or Capitall
ADMISSION INTO THE FPELEOWSHIPPE. 37
Cryme Comitted, No Bankrupt that hathe not satisfyed
the Court one that behalf, shall by anie Tittle Claym
wyse or manner whatsoever bee receiued admitted or
accepted into the ffreedome of the ffellowshippe nor bee foho 25.
reputed or held a member of the same: Provided that the
Children of ifreemen born of fforeign born wemen, after
their fathers Readmission within the Realm of England
before midsomer ^ and synce shall and may bee ad¬
mitted and enioye the ffreedome of this ffellowshippe by
Patrimonie, Eykewise the sonnes of ffreemen borne as
aforesaid one this syde the Seas out of the Realm of Eng¬
land, may and shall enioye the ffreedome of the ffellow¬
shippe by apprentycehood the clause in this Act one this
behalf notwithstanding.
Redemptioners by the fyne of twoe hundred pounds
sterlinge as afore ys mentioned, shall pay doble Imposi¬
tions to the house for the space of seaven yeares next
after their Admissions, their apprentyces also at their
Admissions shall each of them pay the fourth parte of the
fyne abouesaid which their maisters paid. But the sonnes
of such Redemptioners borne after the fathers were ad¬
mitted and the Apprentyces of them and their successors
together with the Apprentyces and successors of the Re¬
demptioners, Apprentyces, taken and bound after that
their maisters were Admitted, shalbe admitted and re¬
ceiued to the ffreedome of the ffellowshippe for the pay¬
ment of tenn markes sterlinge besydes suche duties as
may bee Cominge to the house, and as other the sonnes .
and Apprentyces of ffreemen ought and are bound to doe.
No ffreehoste or Conseirge not tradinge or bearinge
Charge to the house, no ffree brother or other persone of
^ The date is not given in the manuscript.
3
38 THB MERCHANTS ADVENTURERS OF ENGLAND.
the íFellowshippe not tradinge either by Retayle or whole¬
sale shall take anie Apprentyce or Apprentyces to bee
ffree of the said ffellowshippe, vpon pain of twentie
pouiides sterlinge ffor euerie apprentyce so taken, And yf
anie suche persone as aforesaid duringe the tyme of his
aboue said vocation, not tradinge or not bearinge Charge
to the house shall take apprentyce or Apprentyces Con¬
trarie to this Order, suche apprentyce or apprentyces
shall not bee admitted into the ffreedome of this ffellow¬
shippe, Prouided alwayes that the Secretarie or sworn
Clerk of the ffellowshippe and the husband may with
licence of Court, take and make ffree apprentyce or
apprentyces as other Brethern may doe by the orders of
the ffellowshippe, Neither shall the sonne or Apprentyce
or anie Bankrupt borne or taken into servyce after his
Bankruptinge (except accordinge to the orders the Court
bee satisfyed one that behalf) bee receiued to the ffree¬
dome of this ffellowshippe of Merchantes Adventurers,
folio 26. Yf anie persone y s or hereafter shalbe Admitted or
made ffree of the ffellowshippe of Merchantes Adventurers
Gratis, the said Admission and ffreedome ys and shalbe
only for his owne persone, no sonne or Apprentyce of his
shall take anie ffreedome thereby in this ffellowshippe,
And no persone Admitted gratis shall shipp or vse trade
in this ffellowshippe for anie greater proportion or quan-
titie either in Stints of Clothes or otherwise then other
Brethren of his Continuance or standinge doe or ought to
doe by the orders.
Yf anie man shalbe found not to have borne personall
or Reall Charge in the ffellowshippe in the house in ffour
and twentye yeares, or to haue been disfranchised with¬
out Readmission afterw^ardes, for some offence against the
Ordinances or lawes of this ffellowshippe, no sonne or
ADMISSION INTO THi; FFKDDOWSHIPPK. 39
apprentyce of suche a one shall have anie ffreedome in
the said ffellowshippe. Prouided that the sonnes of
Brethren of the ffellowshippe whoe were verie yonge
vnder age at the decease of their fathers, or whose fathers
withdrawinge themselues into the Countrie and givinge
over all trade one this syde the Seas, had dwelt in the
Countrie tenn or twelue yeares before their decease,
shalbe admitted into the ffreedome of this ffellowshippe
for their hanses and other debtes and duties to the house,
anie thinge in this Act to the Contrarie Conteyned not-
withstandinge. And by personall Charge ys only meant,
suche as haue borne standinge Office in ffee of the ffellow¬
shippe, namely Governour, Deputie, Secretarle, Husband,
Clerk or suche lyke Officers, or ministers entertayned in
the Government of the ffellowshippe. And by reall Charge
borne ys only meant. Impositions Prest monie, Polenionie,
Assessmentes, or suche lyke taxes and Charges, Imposed
and sett by the ffellowshippe generally and orderly paid,
and not anie Broakes fines forfeictures or amerciaments
levyed or paid ffor offence or breache of the orders.
Yf anie persone clayminge the ffreedome of this ffellow¬
shippe by servyce shall come out of tearmes his yeares of
apprentycehood beinge expired and that his maister
shalbe found not to haue borne Charge to the house att
all in four yeares next before his said Clayme, he shall
not bee admitted into the ffreedome of this ffellowshippe
before he have paid a fyne of xxvj" xiij" iiij'^ sterlinge, to
the vse of the ffellowshippe, except his maister haue ob-
tayned lycence of the Court one this syde the Seas, that
he may Come out of tearmes, and that yt bee prooued
throughe the said maisters fault or negligence that
Charge was not paid, but yf he Claym his ffreedome
within tearmes though his maister haue not borne Charge folio 27.
40 THK MERCHANTS ADVKNTURKRS OR ENGLAND.
at all in four yeares next before, or not to the .somme of
fourtie and eight shillinges ster: he shalbe admitted pay-
inge 48" sterlinge for .suche not bearinge Charge or none
payment, and suche other duties besydes for hanse or
other matter of debt, fine or Impositions dew to the
house.
Enerie Apprentyce taken and bound for the ffreedome
of this fiellow.shippe shalbe Enrowled with one of the
Secretaryes or sworn Clerkes of the said ffellowshippe, yf
taken at Eondone within six monthes, yf out of Eondon
within a year after the takinge óf suche apprentyce to bee
reconed fffom the date that his yeares beginne one, vpon
pain of fourtie shillinges sterlinge to the vse of the
ffellowshippe: And everie Secretarle or sworn Clerk of
this ffellowshippe shall keep a perfect Register of all En-
rowllements, expressinge the day and the year of the
entry of enerie Enrowlement, which he shall Authen-
ticquely Endorse vpon each Indenture of Apprentyce-
shippe to him brought and Enrowled, which order the
Brethern of this ffellowshippe within the Cittye of Yorke
shall also obser\''e, vpon pain of ffourtie shillinges ster¬
linge: for not doeinge accordinge to the same, or for
enerie Indenture found otherwise then by this order ys
sett down and provided.
Yf anie Apprentyce bound for the ffreedome of this
ffellowshippe of Merchants adventurers shall not serve
his maister well & truly in enerie respect and point
accordinge to the tenure of his Indenture agreable with
the good orders of the said ffellowshippe. And namely
shall marrye within the tyme of his apprentyceshippe, or
shall without licence of Court at his maisters request
obtayned, before he haue served ffull seaven yeares,
(althoughe with his maisters particular leaue) shall doe
ADMISSION INTO THEÎ FFKDDOWSHIPPK. 41
feat of merchandise to his owne vse or benefyte (except
yt bee in the trade of the Staple, his maister or himself
beinge free of the said Staple or of Spain or of other
places where the ffellowshippe ys not priuileged, and
that also with Consent of his maister, or shall absent
himself willinglie or of purpose by the space of one
monthe out of the seruyce of his maister without his
Consent so to doe, suche apprentyce shall not haue, or yf
he bee admitted within termes shall not enioye anie
ffreedome in the said ffellowshippe.
Kuerie brother of this ffellowshippe shall send his
apprentyce or apprent3^ces yf he haue anie bound for the
ffreedome to bee admitted and sworn before the expira¬
tion of his or their termes of yeres of apprentyceshippe
vpon pain of ffyue poundes tenn shillinges ster: for each
apprentyce which without lycence of Court shall not be
admitted & sworn accordinge to this order.
No sonne of anie brother of this ffellowshippe, shalbe folio 28.
admitted by Patrimonie into the ffreedome of the said
ffellowshippe whereto he ys Intituled by Right of his
father, before he bee full twentie yeares of age. And no
apprentyce shalbe admitted before he bee one and twentie
yeares of age, & haue served his maister twoe yeares
together by Indenture, except suche apprentyce were
four and twentie yeares olde before his byndinge, and
had served ffyve yeares before with some other occupyer
beinge none Artificer, In which Case he may bee ad¬
mitted after one yeares Servyce with a ffree brother of
the ffellowshippe.
No sonne of anie brother of this ffellowshippe either
alredie begotten by an Alien woman and borne synce
midsomer 1556 or hereafter so to bee begotten and borne
out of the Realm of England and dominions thereof,
42 THB MERCHANTS ADVENTURERS OF ENGEAND.
shall haue anie ffreedome in this ffellowshippe in righte
or Tittle of his father, but beinge naturalised and ser-
vinge for the said ffreedome as others the subiectes of
England shalbe admitted by virtue of suche service and
not otherwise.
When anie sonne or apprentyce of a brother of this
ffellowshippe, shall come to the place of the Companyes
Residence one this syde the Seas, to bee admitted into
the ffreedome of the said ffellowshippe, he shall in dew
tyme repair to the Secretarie or sworn Gierke and hus¬
band of the house, with suche wrytinges, letters and
Certificates, as he hathe for the Clayminge of the foresaid
fifreedome, and no persone shalbe admitted before he
haue performed this order and procured his Charges from
the said husband.
Yf anie persone shall clay m the ffreedome of this
ffellowshippe by Patrimonie, he shall not bee admitted
into the same before yt appear by good Certificate or
other sufficient proofe to the satisfaction of the Court,
that he ys the true and legitimate sonne of him in whose
Right or Tittle he Claj^meth the said ffreedome, and was
borne after his father was made ffree, and that he ought
not to bee debarred of the libertyes of the ffellowshippe,
for anie Cause or matter Conteyned in the ordinances of
the said ffellowshippe, or for offence donne against the
same or any of them.
Euerie Apprentyce beinge to bee admitted into the
ffreedome of this ffellowshippe either within termes or
without, shall in open Generali Court shew or produce
his Indenture of Apprentyceshippe in dew forme made
accordinge to the Gustóme of England one that behalf,
folio 29. with a letter from his maister or persone whome he serveth
withall signed by the Wardens of the Companye whereof
ADMISSION INTO THE) FFEDDOWSHIPPB. 43
he ys ffree yf he bee of I^ondone, and beinge of some
other Cittye Towne or place of the Realm, signed by the
Governour or his Deputie there, or by the Mayor Baillife
or other head Ofíicer of the said place or the next adioyn-
inge, together with his maisters subscription (except the
maister of suche apprentyce bee at that tyme present in
Court and requyre that his apprentyce may bee admitted)
yet alwayes servinge his Indenture as abouesaid, else for
default in the premisses not to bee admitted.
No sonne or apprentyce of anie brother of this ffellow-
shippe shall doe feat of merchandise one this syde the
Seas where the ffellowshippe is Priuileged, for himself or
for his father or maister or anie other persone before he
bee Admitted and sworne into the said ffellowshippe
vpon the forfeicture of tenn poundes sterlinge vpon euerie
hundred pound bought, solde bartered or otherwise
handled, hälfe to the vse of the ffellowshippe the other
half to the presenter. And yet by leaue of Court yt
shalbe lawfull for anie yongeman beinge the sonne or
apprentyce of a ffree brother of the ffellowshippe, to re-
ceiue and pay and bee in pack house vnder a ffreeman or
other that hathe taken oath to the ffellowshippe till his
admission, so that he in other matters demean himself
accordinge to this Ordinance.
No Brother of this ffellowshippe duringe the space of
seaven yeares next after the expiration of his yeares and
dew Certificate of his service, whereby he shalbe ffully
ffree and may trade for himself, or duringe the space of
seaven yeares next after his admission by Patrimonie,
shall take retayn or haue bound vnto him at one Instant
or tyme abone one apprentyce to be ffree of this ffellow¬
shippe. Neither after seaven yeares till twentie yeares
anie more then twoe apprentyces at once, neither at
44 the merchants adventurers of england.
anie tyme after twentie yeares anie more then three
apprentyces to bee ffree of this ffellowshippe. And if
anie Brother of this ffellowshippe shall doe the Con¬
traríe hereof or take retayne and haue bound vnto him
more apprentyces at once then ys above prescribed, he
shall forfeict and pay to the vse of the ffellowshippe ffor
euerie apprentyce so taken retayned and bound the
somme of twentie poundes sterlinge, and Nevertheles
suche exceeded apprentyce shall not haue anie ffreedome
in this ffellowshippe, but for an amendes the maister
shall pay vnto hym (so he bee Ignorant of this Stint and
Order) for euerie year which he hathe serued before the
Claym and denyall of the ffreedome vpon the same,
within six monthes after suche Claym and denyall after
the rate of twentie poundes sterlinge by the year, to be
recouered before Court of this ffellowshippe by plaint or
folio 30. Action, And yf the maister shall not make the said pay¬
ment of 20" a year, or otherwise shall not giue his servant
Contentment one that behalf he shall not make ffree
sonne or servant or haue anie other benefyte of the ffree¬
dome of this ffellowshippe before he have made satisfac¬
tion as aforesaid. And yf such apprentyce have served
the ffull terme of eight yeares or more, duely and truly
accordinge to his Indenture and that he bee Ignorant of
the aboue said Order or Stint and that his maister doe
not or will not make amendes as ys abouesaid, suche
maister (yf the Court bee so moved or for or see yt Con¬
venient) shalbe first disfranchised, and then the exceeded
apprentyce shalbe admitted vpon the same hanse the
maister was ffree of, payinge suche deb tes and duties as
are owinge to the house by the said maister, And so for
one maister first disfranchised makinge firee one appren¬
tyce and no more, Prouided that yt shalbe lawfull for
ADMISSION INTO THK FFKLDOWSHIPPE. 45
anie ffree brother of this ffellowshippe while he ys a
trader to haue at anie one tyme besydes the number or
stint above limited one apprentyce which by Patrinionie
may enioye the ffreedome, whoe notwithstandinge dur-
inge the tyme of his apprentyceshippe shall not occupye
or trade in other manner then as to other apprentyces ys
permitted, or the Apprentyce of some other man orderly
bound for the ffreedome of this ffellowshippe whose
maister ys deceased, hathe giuen over trade, or ys de¬
cayed or become Insolvent, or otherwise so alwayes that
he exceed not the aforesaid stint at anie tyme, abone
suche one apprentyce, and that the dutyes of the house
bee paid, which the father of the one, or the first maister
of the other, shalbe found to owe or bee Indebted to the
ffellowshippe.
An apprentyce which for reasonable Cause agreable
with the orders of this ffellowshippe cannot serue his
maister the full term of yeares which he ys bound for,
may and shall with Consent of his said maister (yf he bee
livinge, or may bee asked Consent) or of his executors
foorthwith procure to bee sett over to some other brother
of the ffellowshippe ffree of the same hanse, that his
maister was ffree of, and so serve well and truly first and
last eight yeares Compleat or else suche apprentyce shall
not haue or enioye anie ffreedome in this ffellowshippe.
And the settinge over of euerie apprentyce shalbe be¬
fore a Court of Assistents or Associates one this syde the
Seas or in England, which shalbe authenticquely noted
signifyed of over, yf yt bee donne at Eondone within six
monthes after, vpon pain of fourtie shillinges ster: but yf
the settinge over bee in some other place in England, yt
shalbe signifyed over within one year after vnder the
seale of the place where the same is donne, or vnder the
46 THB MERCHANTS ADVENTURERS OF ENGEAND.
seale of the next Cittye or Towne to that place, vpon
pain of 40' sterlinge.
folio'31. When the Apprentyce of anie brother of this ffellow-
shippe whether bound or sett over, shall decease or
depart out of his maisters servyce, suche brother shall
sufficiently advertyse and giue knowledg thereof to or at
a Generali Court one this syde the Seas, within six
monthes after suche decease or departure out of servyce
vpon payn of ffourtie shillinges sterlinge.
None Apprentyce or other persone of this ffellowshippe
whatsoever shall take his Pack-house or Chamber in a
suspected house or place of yll rule, or shall haunt or
lodge in anie suche house or place, vpon pain of ffyve
poundes sterlinge.
Euerie Apprentyce within fourteen dayes after his
Cominge to the Marte Towne shall wryte the place of his
lodginge in one of the beadles bookes and shall not with¬
out good and reasonable Cause bee out of the said lodg¬
inge after tenn a Clocke at nighte in the Pasche and
Sinxon Martes, nor after nyne a Clock at nighte in the
Balms and Cold Martes, vpon pain of Correction or pun¬
ishment at the discretion of a Court of Assistentes or
Associates.
None apprentyce or other shall haue his lodginge or
pack house in anie Inns, Taverne or Victuaillinge house,
vpon pain of ffyve poundes sterlinge to bee forfeicted to
the vse of the ffellowshippe for euerie monthe that he
shall so haue his lodginge or pack house.
None apprentyce shall boord or keep his Carfe out of
the Conserrges or ffreehosts housen, vpon pain of 40*^
fflemishe for euerie meale eaten elsewhere, except he be
guested abroad, or that yt shall please the ffellowshippe
vpon his or his maisters request to give leave, that he
ADMISSION INTO THD FFEDDOWSHIPPE. 47
may for learninge of language boord in a strangers house
for a year after his first Cominge over or shorter tyme,
28'* of the broake to the poor 6^^ to the presenter and 6^ to
the hoste.
None apprentyce shall make anie sett Bankett dinner
or supper either at his lodginge or in anie other place
sane at the Conserrge or freehosts house neither shall he
there or elswhere make bankett, dinner or supper, but for
the furtherance and Advancement of his maisters busynes
vpon pain to bee punished therefore at the discretion of a
Court of Assistents or Associates.
Yf anie apprentyce shall vse anie excessiue quafiSnge
or drinkinge himself, or provoke others thereunto in his
drinke, or shall playe openly or secretely at Cardes tables
dyce or anie other game for above 4*^ in a game, or shall
by vauntinge, vyinge, bettinge, pacting or by anie other
way exceed the said valew he shalbe punished at the dis¬
cretion of a Court of Assistents or Associates.
Yf anie Apprentyce shall in the Judgment of the Gov- folio 32
ernour or his Deputie & the Court, weare anie apparaile
not fytt for his estate or qualitie, but rather beseeminge
some Courtier servinge man or some other lyke persone,
golde or silver Buttons, lace or twist Juivells of golde
pearles or precious stones, he shall for the first tyme
have the same taken from him, and sent to his maister,
and offendinge the second tyme shall either bee shipped
away or otherwise dealt withall and punished at the dis¬
cretion of the Governour or his Deputie and Assistents or
Associates.
Yf anie apprentyce comonly or inordinately shall vse
dauncinge, mumminge or walkinge abroad in the night
seasone at vndue honres, or knock or ringe at mens
doores, beat at windowes or miscary himself, in anie
48 THE MERCHANTS ADVENTURERS OF ENGLAND.
other the lyke vnrulye or vnciuile manner, to the dis-
quietinge, trouble or hurt of others in their beddes or
lodginges, he shall for the first bee warned by the Gover-
nour or his Deputie thereof, and yf after suche warninge
he doe not surcease his disorder or yf anie apprentyce
shall keep anie whoor or yll disposed woman or abuse
himself with anie suche, or by gaminge excesse or other
misrule shalbe prooued or knowne io consume his mais-
ters goodes, he shall for the same either haue his maisters
busynes and other Charge taken from hym, bee shipped
home to his maister and banished the Companie one this
syde the Seas ffor twoe yeares, and then also not to
return but at the Request of his maister and surties sett
for his good and honest Caryage euer after, or else shalbe
dealt withall and punished otherwise at the discretion of
the Governour or his Deputie and the Assistents or
Associates.
Yf anie apprentyce vpon malice or euill purpose shall
Intercept or break vp the letters of anie other of his
ffellowshippe, or of anie strannger or foreign, he shalbe
shipped home into England not to return again to doe
anie busynes in these partes in three yeares after.
Yf anie apprentyce or Covenant servant of a brother of
this ffellowshippe shalbe found and iustly prooued to
quarrell or fighte or to giue anie iust occasion of quar-
rellinge or fightinge to or with anie strannger of what
estate, Nation or Countrie soever, in these partes where
the ffellowshippe ys Resident, except yt bee in his owne
defence, he shalbe foorthwith sent away into England
and shall not in three yeares after return into these partes
vpon pain of one hundred poundes sterlinge to bee for-
feicted and paid to the vse of the ffellowshippe by the
maister or other persone employinge or settinge suche
offender one worke.
ADMISSION INTO THE FFEEEOWSHIPPE. 49
No apprentyce or other persone ffree of this ffellow- folio 33
shippe shall Gary vnder his arme or otherwise bear
throughe the streetes, anie thinge that cannot decently
and vnseén bee borne or Caryed vnder his Cloake or gar¬
ment, vpon pain of 3' 4*^ sterlinge.
None Apprentyce except he bee his maisters factor and
Atturney shall sett out of the formes or place appointed
for apprentyces at Generali Courtes vpon pain of 6^ fflem-
ishe, neither shall he holde vp his hande vnto anie thinge
to bee passed, or speake in anie matter propounded other¬
wise then ys by the Orders for keepinge of Courtes pro¬
vided, vpon the same penaltie of 6'^ fflemishe.
An apprentyce hauinge well and truly served seaven
yeares by Indenture, yt shalbe lawfull for him with Con¬
sent of the Court at the Request of his maister obtayned
one that behalf, to Trade for himself and shippe out one
hundred Clothes a year in all sortes of woollen Comoditie,
duringe the Remayner of his yeares vnserued. But no
maister shall giue leaue to his apprentyce to trade for
himself or to his owne vse, before he haue fully serued
seauen yeares, upon pain of ffourtie poundes sterlinge to
the vse of the ffellowshippe, Neuertheles yt shalbe lawfull
for anie maister to vse and Employ his apprentyces stock
in ffeat of merchandise, to the benefyte of his said appren¬
tyce, and to licence his servannt to vse the Trade of the
Staple or other remote and straunge Trades, yf he bee
free thereof without Incurringe anie penaltie for that
Cause.
An Apprentyce havinge donne his service duely and
truly the maister of suche apprentyce shall not of yll will,
Stomack, or malice, deneye to giue him sufficient Certifi¬
cate thereof, vpon pain of twentie poundes sterlinge.
An apprentyce havinge served his ffull tearme of Ap-
50 THB MERCHANTS ADVENTURERS OF ENGEAND.
prentyceshippe shall at a Generali Court one this syde
the Seas where the ffellowshippe ys Resydent, present
sufficient Certificate of his dew seruyce within one year
after the expiration of his tearmes, vpon pain of tenn
poundes sterlinge which Certificate shalbe of this manner,
yf the apprentyce bee of the Cittye of I^ondone, the
Wardens of the Companie whereof the maister y s ffree
shalbe procured, by their letters by them subsigned to
Certifye the Servyce of suche apprentyce donne dewly
and trulj'-, to which letters also the maister shall sub¬
scribe,
folio 34. Yf the apprentyce bee of some other place of England,
then the Certificate shalbe from, the Governour or Dep-
utie or by the Mayor Baillife, or other head Officer or
other Credible persons of that place, together with the
subscription of the maister. But yf the maister himself
doe at a Generali Court by woord of mouthe openly
signifye the due seruyce of his apprentyce, yt shalbe
accepted for a sufficient Certificate, and the apprentice
shall not bee bound to procure anie other, but from
thence-foorth the Certificate beinge true, bee taken and
Enregistered a ffree brother of the ffellowshippe.
Yf anie brother of this ffellowshippe shall Certifye or
or Cause to bee Certifyed that his servannt or apprentice
hathe well and truly served him accordinge to his Inden¬
ture, and that suche Certificate shalbe proofed false, the
maister Certifyinge falsely shalbe disfranchised and pay
for a fyne tenn poundes ster: and the apprentyce and ser¬
vannt so Certifyed shall not enioye anie ffreedome in this
ffellowshippe but bee depriued and expelled out of the
same.
The Indentures of apprentyces bound for the ffreedome
of this ffellowshippe, shall hereafter bee signed and
ADMISSION INTO THE EFEDEOWSHIPPE. 51
sealed in the presence of the Governour or his Deputie or
Deputees or one of the Secretaries of the said íFellow-
shippe, whoe shall plainly sett downe with their handes
vpon each Indenture the daye & yeare of suche signinge
and sealinge, And where there ys no Governour Deputie
or Secretario, the same shalbe donne in the presence of
some head Oj05cer of the Towne or place where the In¬
denture ys to be signed and sealed, with annotation of
the year and day as aforesaid. And this -order to bee ob¬
served by each brother takinge and byndinge an appren-
tyce to bee ffree of this ffellowshippe vpon pain of tenn
poundes sterlinge, to bee paid before his said apprentice
shalbe admitted into the ffreedome of this ffellowshippe,
yf yt bee found that he haue neglected or not performed
the same.
No apprentyce or other persone Clayminge the ffree¬
dome of this ffellowshippe shalbe admitted at Bmbden or
elsewhere out of the place of the Chief Court one this
syde the Seas, before advertisement be procured and
thither giuen or sent orderly from the said Highe Court,
whether suche apprentyce or persone ought to bee ad¬
mitted, with note of the duties by him to bee paid or
answeared to the house, which he shall pay or answear
before his admission. Neither shall anie Certificate of dew
seruice bee accepted in the lower Court, but Referred to
the Highe Court, there to bee accepted and Knregistred,
or otherwise to bee dealt with or determined and ordered
as to the same Court shall seem good.
The Wardens of the poores boxe shall receiue of an folio 35.
apprentyce for his welcome or Knhansement (as yt ys
aunciently termed) 2® 6"^ fflemishe, and of euerie persone
else not beinge an apprentyce, but beinge or Intendinge
to bee a brother of the ffellowshippe, suche reasonable
52 THE MERCHANTS ADVENTURERS OE ENGEAND.
peece of monie as shalbe Judged by the table or Com-
panye by whome he ys Knhansed, And yf anie shalbe
found so froward that he will not bee Conformable to this
order in euerie Marte Towne where the ffellowshippe ys
or shalbe Priuileged, then shall yt bee lawfull for the
Wardens or anie other persone or persons there present
to disburse so muche as the partie ought or was awarded
to pay, and vpon knowledg thereof giuen to the Gover-
nour or his Deputie and the Assistents or Associates, the
partie refusinge shalbe compelled to pay vnto the dis-
burser of the said monie the doble of the monie disbursed,
and makinge further refusall shalbe holden for a disobe¬
dient persone and accordinglye bee Corrected.
Caput Tertium.
SHIPPING, SHKWINGE, SEELINGE AND OTHER ORDERS
IN EEEAT OE MERCHANDISE.
No, persone of this ffellowshippe shall Carye or Trans- folio 41.
porte or Cause to bee Caryed or transported out of the
Realm of England anie merchandise whatsoeuer to or for
anie other porte Towne or place within the Eowe Coun¬
tries, East friesland, Germanie or the places neare adioyn-
inge between the Somme in fraunce, and the Schage in
Dutchland, then only to suche Porte Towne or place
where the ffellowshippe or some parte thereof ys by order
resident Nation wyse and keepeth the ordinarie martes,
Neither shall anie brother of this ffellowshippe by him¬
self or by anie other directly or Indirectly, buy or sell or
Offer to buy or sell or shew or view with Intent to buy or
sell, anie wares or Commodityes of the Realm of England
or other foreign wares or Commodityes, or in anie wyse
vse the Trade of a merchant Adventurer anie where in
the Countries aforesaid, or in anie Towne or place of the
same, but only in and not foorth of the Marte Towne or
place where the ffellowshippe ys Resident as aforesaid,
vpon pain of fourtie shillinges sterlinge vpon euerie short
clothe and vpon other woollen Commodities of England
after the Rate, and vpon all other wares and merchan¬
dises caryed transported, shewed or viewed, with Intent
to buy or sell bought or sold. Contrarié to the true mean-
inge of this Order for euerie hundred poundes worthe
ffyve and twentye poundes sterlinge for the first Offence
and for the second offence the lyke fyne, and for the third
54 i'he) merchants adventurers op engeand.
Offence the persone and persons Offendinge to bee dis¬
franchised, And ffurther, yt shall not bee lawfull for anie
persone of this ffellowshippe to take vp or deliuer anie
monie by exchannge, but for the Marte Towne or Townes
where the ffellowshippe ys Resident or Priuileged, vpon
pain of tenn poundes vpon euerie hundred poundes so
taken or deliuered, Prouided that yt shalbe lawfull for
anie brother of this ffellowshippe to shippe and exercise
merchandise to and in the Townes of Kmbden and Calais,
so that he giue notice to the Governour or his Deputie or
the Appointers in Tondone, of the iust quantitye and
qualitie of the goodes thither shipped and pay the Im¬
positions dew for the same vnto the Treasurer for the
tyme beinge, and that before the shippinge thereof, at
least before the ende of the Marte wherein the said goodes
were shipped and not otherwise vpon pain to bee pun¬
ished as a misshipper. Provided also that yt shalbe law-
folio 42. full, to vse the frank fortes martes, to make vp monie
thether by Kxchannge from anie parte or place, and to
buy all kynde of foreign Commodityes there so that the
said Commodityes or wares bee sent to the marte Towne
there to bee shipped into England. Eykewise in any
place whatsoeuer to buy horse, harnas and all kynde of
munition for the Warres, Bookes, Fuelles, Furres (but
not at Hambroughe) bow staues, Wainscott Clapboord,
Deleboord, millstoanes, sopeashes pitche. Tare, all manner
of Cordage and all other thinges belonginge to the Rig-
ginge and settinge out of shippinge, and these kynde of
Victuailles and none other. To wytt all sorte of graine,
ffishe, ffleshe, butter. Cheese, Oynionseed, Wine, Oyle
and Ryce.
The Caryinge givinge or sendinge of markes of Clothes,
settinge of pryce or by any meanes else enteringe into
shipping:^, shkwingb and skdding:^. 55
Bergain or Contract for Clothes or other Bnglishe or
Foreign wares, by a mans owne self or by some other out
of the marte Townes the dealinge or handlinge by a
mans owne selfe or for anie other openly or Covertly one
this syde the Seas or in England with anie traders, vnto
or in anie forbidden partes out of the marte Townes
whether the said traders bee Brethren of this ffellowshippe
or vnffree subiectes, borne within the Dominions of the
Kynges maiestie, the sellinge vnto suche persons or anie
of them anie the Commodityes of England, or bryinge of
them anie foreign wares the Employinge of them or anie
of them as factors or doers for anie manner of trade of
merchandise, or takinge vp of monie by Exchaunge or
Depositum, receiptes or paymentes, ys vnderstood and
shalbe taken for Indirect dealinge, and Contraríe to the
true meaninge of the abouesaid Order.
Yf anie Englishe borne subiect beinge vnffree or no
member of this fifellowshippe of merchantes Adventurers,
shall of his owne wronge Intermedie with or exercise
trade of merchandise in the Eow Countries, East fries-
land, Germanie or in anie Cittye Towne or place of the
said Countries, Contrarie to the Charters and Priuileges
graunted to the said fifellowshippe the wares and mer¬
chandise to bee sold or that are bought in the said partes
belonging to suche subiect, shalbe attached and seised
upon, wheresoeuer they may bee found and so remain
Irreplenisable till the penalties or forfeictures herevnder
ensuinge bee fully satisfyed and paid, viz. for euerye
short Clothe shipped into the said Countries or anie of
them fifourtie shillinges sterling and for other woollen
Commoditye after the Rate agreable with that of the
Gustóme house in Eondone, And fifor euerie hundred
poundes worthe of other wares and merchandises handled
56 th:^ mbrchants adventurers of engeand.
folio 43. or dealt in ffyve and twentie poundes of lyke monie, and
that for the first and second tyme, but yf suche persone
shall be found offendinge the third tyme, he shall forfeict
the hälfe of suche wares or merchandises as can bee seised
vpon, and euer after shall incurre the same penaltie, so
often as he shall doe against this Ordinance, And yf no
wares or merchandise of suche persone can bee found, his
bodie shalbe attached and Committed to prisone, there to
remain without bayle or mayn prise vntill he haue satis-
fyed the foresaid penalties or haue at least ffullfilled
suche order as he shalbe Knioyned vnto by the Court,
Provided notwithstandinge that yt shalbe lawfull for anie
subiect of the Realm of England or Ireland, by himself or
by others at all tymes and in all the places aforesaid, to
buy and Transporte into the said Realmes, horse, harnas,
gunpowder, and all other munition of Warre, Bookes,
Corne and graine of all sortes, butter Cheese, fishe, ffleshe,
and suche lyke kynde of Victuaill for the Necessarie pro¬
vision service and defence of the said Realm against the
Ennemie and not otherwise, Provided also that this
Ordinance shall not extend to the preiudice of the mer¬
chantes of the Staple or the East Countrie merchants,
but that they may ffreely vse their Trade accordinge to
their Priuileges, without empeachement or hinderance as
heretofore lawfully they ought to doe, or might doe.
No Act or Ordinance shalbe made Concerninge ship-
pinge without the advyce of the brethern of this ffellow-
shippe dwellinge in Eondone, first Requyred and had
therein. Provided that whereas of Eate diuerse men Com¬
bine themselues in partnershippe in far greater number
of partners then heretofore hathe been accustomed,
namely three, four, fyve, or six in a Companie which
oftentymes turneth to the preiudice of the whole ffellow-
SHIPPINGS), SHKWINGB AND SBDWNG:^.
shippe, especially when matter of shippinge for these
partes y s to bee handled and resolued vpon, yt shall not
bee Ivawfnll for anie twoe persons partners in one Com-
panye to haue voice or hand in anie matter Concerninge
shippinge out of the Realm, but one of them shall depart
the Court.
No Brother of this ffellowshippe shall shippe or trans¬
porte or cause to bee shipped or transported anie Clothe
or other Knglishe woollen Commoditie fifrom or out of the
porte of lyondone into the Lowe Countries, East friesland
or Germanie or into anie Towne or place of the said
Countries or lyinge between the Somme in ffraunce and
the Schage in Dutcheland, (Embden and Calais by pro- foUo 44.
vision excepted) but only suche as shalbe appointed to
bee laden by the ordinarie appointers of this ffellowshippe
ffrom tyme to tyme beinge, and in suche shippe or
shippes as by them shalbe appointed to lade. Neither
shall anie Brother of this ffellowshippe of whatsoeuer
place or porte of England, his Scotche or woollen Com-
moditye beinge once within the Cittye, or surburbes of
the Cittye of Londone or within twoe miles of the said
Cittye, send the said goodes or anie parte thereof ffrom
thence to some other porte or place there to bee shipped
or transported into the Countries aforesaid, or anie Towne
or place lyinge or scituate within the abouesaid destrict
or Compassé, vpon pain of ffourtie shillinges sterlinge fine
for euery short Clothe so transported or misshipped out
of the appointed shippes and twentie shillinges sterlinge
for euerie short Clothe misshipped in the appointed
shippes, to Wytt not appointed by the appointers or putt
into fardell or trusse to the Enlarginge or makinge thereof
greeter or more in sett Clothes, etc. then was appointed
by the said appointers, & for all other Clothe and woollen
58 MERCHANTS ADVENTURERS OF ENGLAND.
Commodityes after the Rate, a third parte to the pre¬
senter.
Yt ys by the Deputie and Assistentes with the Assent
of the Generalitie further ordeyned and enacted, that yf
anie brother of this ffellowshippe shall haue or send
downe in the passadge boat of Lee or in anie other boat
shippe or Vessell, great or small anie Bnglishe woollen
Commoditye, to anie appointed shippe after the Clearinge
thereof from Londone for anie porte one this syde the
Seas, To Wytt middlebroughe Stoad or elswhere to bee
laden in such appointed shippe or shall lade or send
downe by any means whatsoeuer anie Knglishe woollen
Commoditie, to bee laden in anie vnappointed shippe
boat, or vessell, great or small whatsoeuer, althoughe
bothe the one and the other Commoditye so laden or sent
downe to bee laden, by or means of the Governour of the
said ffellowshippee or his Deputie in Londone bee taken
out and brought back again out of suche appointed or
vnappointed shippe passage boat of Lee or other boat
shippe or Vessell great or small, the said brother ladinge
or sendinge downe of his goodes to bee laden shalbe
holden and reputed an actuall and reall offender, and
shall forfeict and pay to the vse of the ffellowshippe 6® 8"*
sterlinge for euerie Clothe, sent downe to bee laden or
laden in an appointed shippe, and fourtie shillinges ster¬
linge for euerie Clothe sent downe to bee laden or laden
in an vnappointed shippe boat or Vessell great or small,
and for all other woollen Commodityes after the Rate, to
folio 45. bee levyed Without favour or pardone, vpon the persone
or goodes of the said Offendor, wheresoever they may be
found either here one this syde the Seas or in England,
and in the mean while the said offender not to haue anie
benefyte of the ffree licence, till he haue paid and Con-
SHIPPINGK, SHCTINGB AND Si^DDINGE. 59
tented to one of the Treasurers of this ffellowshippe
either here or in England the said penalties, And yf the
Deputie or his substitute in Eondone shall giue suche an
Offender anie ffree licence, the said Deputie or his sub¬
stitute for his Offence or Negligence one this behalf, shall
forfeict and pay to the vse of the ffellowshippe 6® 8^ ster-
linge for euerie Clothe that he shall giue the said Offen¬
der of the said ffree licence. Enacted at Middlebroughe
the ly"' day of July anno i6io.
Yt shalbe lawfull for anie Brother of this ffellowshippe
or other persone not ffree, yf he so thinke good) att all
tymes to shippe or Cause to bee shipped in anie porte of
the Realm of England, Clothe Kersye, or other Englishe
or foreign Commoditye to the marte Townes thence
directly to bee transported into Italie or some other place
not lyinge within the Compassé or district of the Priui-
leged Countries, without Incurringe anie penaltie or for-
feicture for so doinge. So that he putt in suertyes not to
vent or put to sale the said Clothe, Kersye or other Com-
moditie or anie parte thereof, in the foresaid Countries,
or in anie Towne or place of the same, lyinge between
the Riuers of the Somme in ffraunce, and the Schage in
Dutchland.
No man shall send or Cause to bee sent from the marte
Towne anie Englishe Commoditye, but he shall first give
knowledg of the qualitie and quantitie thereof and haue
licence of a generali Court so to doe, vpon pain of ffourtie
shillinges sterlinge to bee forfeicted vpon euerie Clothe
otherwise sent away and vpon other Commodityes after
the Rate.
Yt shalbe lawfull for the Brethern of this ffellowshippe
by Provision to shippe Clothe and other woollen Com¬
moditye to the Towne of Calais in fraunce as also to anie
6o THE MERCHANTS ADVENTURERS OF ENGLAND.
other Towne or place thereaboutes, in the Archdukes
Countries directly out of the Realm of England, Provided
that whoesoever Intendeth so to shippe shall first pay his
Impositions for so mache as he will passe or shippe out,
and then he shall haue from the Deputie or his substitute
in Ivondone a note or warrant signed and sealed with the
folio 46. seale of the ffellowshippe to the kynges customers or
ffarmers, signifyinge the number of the Clothes or quan-
titie of woollen Commoditye with the qualitie and sortes
thereof, whether the same doe passe vpon licence or may
be shipped without licence, payinge the Custome only.
No brother of this ffellowshippe shippinge Clothe or
other woollen Commoditye to the Towne of Embden in
East friesland, shall from thence transporte or Cary the
same to anie other place within the Eowe Countries, East
friesland or Germanie there to bee sold or Vented, save
only to the Marte Townes, vpon pain of fourtie shillings
sterlinge for euerie short Clothe sold or vented elswhere,
and for all other woollen Commodityes after the rate.
For that of late sundrye brethren of this ffellowshippe
contraríe to all order doe as well by colourable as open
means and practyses not only transporte ffrom Embden
and other places one this syde the Seas, & in England
great store of Clothe Kersye and other Englishe Com-
moditie to the Townes of Hambrough, and Amsterdam,
and other places of Highe and Eowe Germanie, and
there sett and put the same to sale but also doe forestall
and Engrosse diuerse sortes of wares & merchandises
servinge for return, and which otherwise would bee
brought to the marte Townes, yt ys therefore Ordayned
and Enacted, that whoesoeuer of this ffellowshippe or
other subiect of the Realm of England, shalbe found to
have offended or hereafter shall offend in the premisses or
SHIPPINGS, SHKWINGB AND SBDDINGB. 61
in anie parte thereof, he shall not only encurre the penal¬
ties heretofore provided for tradinge out of the Marte
Townes, but also being a freeman shalbe debarred of all
benefyte and ffreedome of the ffree licence, till he have
duely satisfyed and payd the said penalties, or else beinge
presented orderly, shall by oath or other manifest proofe
agreeable with the orders haue cleared or discharged
himself of the said presentment to the Contentment of the
Court, Provided that suche as by tolleration doe trans¬
porte Clothe and other Knglishe woollen Commoditie to
the Towne of Calais in ffraunce, or into the Archdukes
Countries thereaboutes, directly out of England shall
not Incurre anie penaltie for suche transportation or sale
there made. And yet yt ys not meant that they shall
shippe out anie Clothe for the said places vpon the ffree
licence.
Whensoeuer generali or sett shippinge shalbe ordayned folio 47-
no persone of the ffellowshippe shall lade or shippe, or
doe to be laden or shipped anie manner of goodes wares
or merchandise in anie other Vessell or shippe then only
in the appointed shippes and have them readie aboord to
bee taken in by the day limited and not after, vpon pain
to forfeict for euerie peece, bee yt fardell, trusse Ballett
maund, chest, ffat, butt, pype, barrell great or small,
bound or vnbound, of whatsoeuer merchandise yt bee
(except woollen commoditie) tenn markes sterlinge, and
for euerie block of Tynne, fodder of lead, thowsand waight
of Tallow, starch, alome, or suche lyke ware twentie
shillinges ster: all manner of victuaille excepted, which
yt shall be lawfull att all tymes and euerywhere to shippe
at the pleasure of the owners.
Yf anie persone of this ffellowshippe when there y s a
Generali Restraint of shippinge or abstinence of Trade
62 THK MKRCHANTS ADVENTURERS OE ENGEAND.
into Highe or lyowe Germanie or anie parte or place
thereof, agreed vpon and commaunded, shall shippe or
lade or cause to bee shipped or laden, anie kynde of mer¬
chandise whatsoeuer out of the porte of lyondone or out
of anie Porte Haven or Creek within the Realm of Eng¬
land, he shall forfeict and pay for euerie sho>rt clothe so
laden or shipped, fourtie shillinges sterlinge and for all
other woollen commodity es after the Rate, and for all
other wares and merchandises vpon the peece, as ffardell,
trusse, maund etc. tenn markes sterlinge, And whoeso-
euer shalbe found to offend three tymes in a marte against
the true meaninge of this ordinance he shall be dismissed
of and from the ffreedome and Privileges of this fifellow-
shippe.
A day or tyme of ladinge beinge sett, each brother of the
fifellowshippe havinge clothe or other wollen commoditie
to shippe from the porte of Eondone, shall have the same
waterborn and aboord the appointed shippe or shippes for
that purpose, yf the wether serve, before or by the last
day of the tyme limited or of the day sett, vpon pain to
forfeict for everie clothe laden, after the daye or tyme
prefixed 6' 8^ sterlinge, and for other woollen commodi¬
ty es after the Rate.
Yf anie man enter clothes etc. with the appointers in
Eondone, and havinge them redie packed at the water
syde, or at least in his house redye to pack, he shall for¬
feict and pay lo" sterlinge per clothe, for as many clothes
or the quantitie thereof in other wollen wares as by view
of the appointers (whoe thereto are authorised he shall
be found to want of the number entred.
48. The Appointers in Eondone or visiters thereto Author¬
ised shall take view of the Clothe and wollen Commoditie
in the house or possession of euerie brother of the fiellow-
SHIPPINGS, SHEÍWINGB AND SEDDINGK. 63
shippe, makinge Kntrie with the said appointers, and
shall bringe into the Court a true reporte of suche their
view, And yf anie persone of this ffellowshippe shall
make entrye with the appointers of goodes which vpon
view shall not bee found in his house, or at the water
syde ready packed, or to make vp his Kntryes, shall bor¬
row clothes etc or make anie coulorable bergain, thereby
to deceiue or prevent the viewers, he shall forfeict and
pay for euerie clothe so wantinge, borrowed or coulorably
bought, the somme of tenu shillinges sterlinge. The lyke
penaltie shalbe levyed of euerie persone which shall
borrow or lend anie turne, except suche brother wantinge
clothe in house will and doe take his oath that the Clothes
etc wantinge are either abroad at dyinge or dressinge,
stamped with his marke or scale, or els are orderly
shipped or stand redye at the water syde to bee shipped.
The Governour or his deputie in I^ondone, vpon pre¬
sentment or reporte of the appointers or viewers or other
Officers notes, taken out of the Custome-house deliuered
vnto him of the defects found in mens entryes, Coulour-
able bergains borrowinge of Clothe to deceiue the said
appointers or viewers, misshippinge of anie fardell or
trusse or loose Clothes Bncreasinge of fardells and trusses,
in sett Clothes Kersyes or other woollen Commodity es, or
vpon anie other reporte or presentment made for mis¬
shippinge, Contrarie to the Orders, shall Cause the same
to bee examined at some Court of Associates, there
within twoe monthes to bee held after suche report or
presentment, and fyndinge the same true shall within
one monthe after, Certifye oner the Offence to the Court
one this syde the Seas, to the end that punishment may
bee Inflicted vpon the Offenders, vpon pain of twentie
poundes sterlinge. And yf the Governour or his Deputie
64 the merchants adventurers of england.
here shall not within one monthe after suche knowledg
receiued, cause the said Offences to bee presented and
handled before the Court where yt appertayneth and
accordinglie proceed against the transgressors, he shall
lykewise forfeict twentie poundes sterlinge to the vse of
the ffellowshippe, and yet the said transgressors shall not
bee discharged or acquyted.
Yt shall not bee lawfull for anie man to shippe Clothe
for store in anie other mans name then his owne, vpon
pain of fourtie shillinges ster: for each clothe so shipped,
And the Deputie in Londone may giue anie brother of the
ffellowshippe a bill of store without the appointers bill,
folio 49. No persone of this ffellowshippe shall enter or Cause to
be entered in the Custome house, anie goodes wares or
merchandise whatsoever in a wronge or surmised name,
or sett thereone or wronge or Counterfeit marke or not
his owne accustomed marke, nor shall send over or Con-
veighe suche his goodes wares or merchandise to bee
receiued or taken vp by stranngers or others in defraud-
inge of the orders or duty es of the ffellowshippe, or for
anie sinister respect, vpon pain of forfeictures of the said
goodes wares or merchandise.
After the aryuall of anie appointed shippe or shippes
at the Marte Towne, No persone of this ffellowshippe
shall lade in anie other vessell, bottome or shippe, anie
goodes wares or merchandise for the porte of I^ondone,
but in the said shippe or shippes, yf order bee giuen for
them or anie of them to staye and lade, vpon pain of
fourtie shillinges sterlinge, vpon everie peece or parcell
of goodes wares or merchandise shipped or laden in other
shippe bottome or vessell, I^ikewise when anie shippe or
shippes whatsoeuer shalbe appointed by the Appointers
one this syde the Seas, to lade for the porte of I^ondneo,
SHIPPINGE, SHEWING® AND SEEDING®. 65
no persone havinge goodes or merchandise to lade for
that porte shall lade the same in anie other shippe or
shippes vpon the penaltie before mentioned, Provided
notwithstandinge that yf anie persone haue in the ap¬
pointed shippes goodes or wares, to the valew of one
hundred poundes sterlinge, he shalbe ffree to lade where
he listeth, yf he yet haue more goodes to shippe. Lyke-
wise yt shalbe lawfull to lade in anie shippe or bottome
at all tymes, munition of Warre, fruité, Ruffe and Grufife
wares. To Wytt, Pytche, Tarre, Hoppes, blacksope,
Oyle, fethers, Wainscott, browpaper, sparres, mastes,
Wowe for Dyers, or also these kynde of Victuaille namely
Corne, Wyne, ffleshe, fl&she. Cheese, Reysins, figges, and
beer, Nevertheles the Brethern of this ffellowshippe trad-
inge in Hoppes, shalbe holden to lade the same in Kng-
lishe bottoms only, and shall not pay or allowe for the
fraight of a sack of Hoppes into England aboue ten
shillinges ster: poena vt supra.
After the Appointed shippes are laden and haue been
visited by the appointera, no man .shall lade anie goodes
in anie of the said shippes without knowlegd & Consent
of twoe of the said appointera, vpon pain of fourtie shil¬
linges ster: to bee forfeicted vpon each peece or parcell of
goodes so laden, to the vse of the ffellowshippe one third
parte to ye presenter.
Within ffour and twentie honres after the ladinge of
anie goodes or wares, the owner or lader thereof shall
Clear the Tolle & other duties therefore to bee paid, vpon
pain of fourtie shillinges sterlinge, to bee forfeicted for
each parcell of goodes vncleared to the vse of the ffellow¬
shippe, one third parte to the presenter.
Yf anie shippe bee stayed for want of Clearinge of the folio
Tolle, or other dutyes in dew tyme, the Treasurer for the
66 THE MERCHANTS ADVENTURERS OF ENGEAND.
tyme beinge shall Clear the same and the doble thereof
shalbe levyed of the partie making Default, besydes the
penaltie aforesaid of fourtie shillinges sterlinge.
No persone of this ffellowshippe shall pay vnto the sur-
veyour or other officers of the Gustóme house in England,
more then the old dutyes for Cocquetts sealinge monie
etc, vpon pain of fourtie shillinges ster: Soties quoties.
No man willfully runinge into daunger for not clear-
inge the Tolle and other duties to bee paid, or for breache
of lawe, shalbe assisted with the Priuileges Entercourse
or Compositione of the ffellowshippe.
No man for his dispatche shall pay vnto the Crame-
maisters, Tolleners or Eyke Officers more then is dew to
them by Contract, made with the ffellowshippe vpon pain
of fyve poundes sterlinge to the vse of the ffellowshippe
one third parte to the presenter. And yf he Continue in
the said abuse he shalbe punished as a willfull violator of
the Privileges of the ffellowshippe an abstract whereof
cache persone ys to fetche from the Secretarie, vpon pain
of ffyve poundes sterlinge.
No persone or persons of this ffellowshippe shall priv¬
ately fraight or lade or cause to bee fraighted or laded,
anie Vessell or shippe aryvinge out of England at the
marte Towne, except suche shippe bee first refused to bee
laden by the ffellowshippe or that he or they have Con¬
sent of the appointers so to doe, or else that suche shippe
were hyred before her aryuall at the said Towne, and
therevpon bergain and orderly Charter partie were passed,
vpon pain of ffyve poundes sterlinge, and nevertheles the
shippe to serve or bee laden for the ffellowshippe.
Euerie persone misenteringe his goodes Contrarie to
the Rightes of the Gustóme house in anie parte of Eng¬
land, shall forfeict and pay to the vse of the ffellowshippe
stint of shippingb, shippings, ftc. 67
6® 5^ sterlinge for euerie Clothe so misentered, and for
other Commoditye after the Rate.
No man shall bringe into these partes of beyond Seas,
in Highe or lyowe Germanie anie woolle of the growinge
of the He of Shepey in England, vpon pain of one hun¬
dred poundes sterlinge.
STINT OF SHIPPINGE. folio 51.
Euerie Brother of this ffellowshippe which hathe or
might haue traded for himself the space of three yeares,
may shippe or cause to bee shipped ffor his proper ac-
compt into the Eowe Countries Germanie and the places
neare adioyninge, in one year twentie fodder of lead and
not aboue. And he that hathe or might haue traded for
himself the space of Seaven yeares, may shippe in one
year three skore fodder of lead and not aboue, he that
hathe or might haue traded for himself the space of tenu
yeares, may shippe four skore fodder of lead and not
aboue.
Euerie Alderman of the Cittye of Eondone or of other
Cittyes or Townes within the Realm of England, that
hathe or might haue traded the space of fovrteen yeares,
may shippe out one hundred fodder of Eead, and no man
else of what standinge or Continuance soever aboue four
skore fEodder of lead at the moste in anie one year. And
whoesoever shall offend against this Ordinance or doe
anie thinge Contrarie to the true meaninge thereof, shall
forfeict fourtie shillinges sterlinge for euerie fodder of lead
by him shipped or Caused to bee shipped in anie one year
aboue the foresaid Stint.
Yt shall not bee lawfull from hencefoorth after the sec¬
ond day of Julie next comminge, for anie brother or other
68 THE MERCHANTS ADVENTURERS OF ENGLAND.
Anno persone of this flfellowshippe to shippe transporte or carye
1609. out, or cause to bee shipped transported or carryed out,
from out of the Realm of England or anie parte thereof,
into the low Countries, East friesland or germanie or into
anie parte of the said Countries or unto the Towne of
Calais in ffraunce, anie more or anie greater number or
quantitie of clothe to bee vnderstood of all manner of
Englishe woollen Commoditie, accordinge to the Entryes
made in the Kynges Customehouse wrappers, and all,
then by the Stint Quotisation or proportion herevnder ex¬
pressed sett out ordayned and permitted To Wytt.
An apprentyce havinge licence to trade for himself
within termes may shippe out in one year the number of
one hundred Clothes, or the quantitie of one hundred
Clothes in Englishe woollen Commoditye, in all and no
more. And none of them to bee vpon the ffree licence.
A ffreeman the first second and third year, after he ys
absolutely ffree Certifyed and Enregistered, may shippe
out euerie of the said yeares the number or quantitie of
ffour hundred clothes in all, wrappers & others & no
more, of which number he may shippe one hundred and
twentie do: vpon the fifiee licence, which ys monthly
tenn clothes vpon the said licence,
folio 52. The fourth year he may shippe 450 Clothes or the quan¬
titie thereof in all sortes of Englishe woollen Commodi-
tyes, and thereof one hundred & fyve and thirtie Clothes
yearly vpon the ffree licence, which ys monthlye 11^
Clothes vpon the said licence.
The fift year he may shippe 500 Clothes to bee reconed
as aforesaid, and thereof 150 Clothes vpon the free licence
yearly, which ys monthlye 12% Clothes vpon the said
licence.
The sixt yeare he may shippe 550 Clothes, to bee reo-
STINT OF SHIPPINGE, SHIPPINGE, ETC. 69
oned as aforesaid, whereof 165 clothes vpon the ffree
licence yerely, which y s monthly 13^ Clothes vpon the
said licence.
The seaventh year he may shippe 600 Clothes to bee
reconed as aforesaid, whereof he may shippe 180 clothes
vpon the ffree licence yearly, which ys 15 do. monthly
vpon the said licence.
The eight year he may shippe 650 clothes and thereof
195 vpon the ffree licence yearly which ys 16^ do:
monthly vpon the said licence.
The nynth year he may shippe 700 Clothes and thereof
210 vpon the ffree lyicence yearly, which ys 17^ clothes
monthly vpon the said licence.
The tenth year he may shippe 750 clothes, and thereof
225 vpon the ffree licence yearly, which ys 18^ monthly
vpon the said licence.
The eleuenth year he may shippe 800 Clothes and
thereof 240 Clothes vpon the ffree licence yearly, which
ys 20 Clothes monthly vpon the said licence.
The twelft year he may shippe 850 Clothes in all and
thereof 255 clothes vpon the ffree licence yearly, which ys
21^ Clo: monthly vpon the said licence.
The thirteenth year he may shippe 900 Clothes in all
and thereof 270 Clothes vpon the ffree licence, which ys
22^ Clothes monthly vpon the said licence.
The ffourteenth year he may shippe 950 Clothes in all,
and thereof 285 Clothes vpon the ffree licence yearly,
which ys monthly 23^ Clo: vpon the said licence.
The ffyfteenth year he may shippe one thousand
Clothes in all and thereof three hundred Clothes vpon the
ffree licence yearly, which y s monthly fyve and twentie
Clothes vpon the said licence.
And so fourth how longe tyme soever anie man of what folio 53.
yo merchants advbnturrrs op pngland.
estate or degree soever shalbe ffree of this ffellowshippe,
Yt shall not bee lawfull for hym to Shippe or Cause to
bee shipped out in one yeares space aboue the last men¬
tioned number of one thousand Clothes to bee as afore¬
said reconded, wrappers and all, but he and all others of
lesse Standinge, Shall Content him and themselues, as
well with the abouesaid Stint Generali, as with the par¬
ticular yearly and monthly Stint or quotisation of the ffree
licence afore expressed, without exceedinge either in the
one or the other directly or Indirectly, vpon the penaltie
of fourtie shillinges sterlinge per Clothe to bee forfeicted
and paid to the vse of the ffellowshippe without favour or
pardone, for euerie Clothe so exceeded Contraríe to the
true meaninge of this order, and for all other woollen
Commoditie reduced into Clothes after the same rate.
And whereas by former order yt was not lawfull to
anticipate the tyme, that ys to shippe out at the begin-
inge of the year or at some other tyme when a man listeth
within the year. To wytt between the second of Julie and
the second of Julie next followinge. So many Clothes at
once or shortly one after another as are alotted for his
whole yeares shippinge vpon the ffree licence, that order
by provision onely and toleration ys presently left open,
in hope of a due care and discretion to bee had and vsed
in lyondone, of the orderly equall and reasonable distribu¬
tion, devidinge, and givinge out of the said licence, to
which ende the Deputie and his substitute the Secretarie
in the said Cittye, are requyred and hereby Charged, to
haue a Speciall good regard, and to bee verrie Circum¬
spect and equall in deliueringe out bills for the said ffree
licence, that nothinge by their fault or oversighte bee
donne or passed in preiudice of this order or anie tradinge
brothers righte.
STINT OF SHIPPINGS, SHIPPINGS, FTC. 71
Yt ys also further Ordayned that no brother of this
ffellowshippe beinge partner with others one or more, shall
in one year shippe out in companie anie more clothes vpon
the ffree licence or otherwise, then accordinge to the part
& portion which he dothe adventure in stock or Crédité
with his Companie, with whome he parteth not equally or
hälfe and half. Adventure, profíyte and losse vpon pain
to forfeict vpon euerie Clothe shipped out contrarie to the
true meaninge of this Order, or aboue the said parte or
portion fourtie shillinges sterlinge to the vse of the ffel¬
lowshippe, to bee tryed by the oath of the partie. As for
example he that hathe but a fourth parte in stocke or
Crédité with some other & Consequently participateth but
a fourth parte of the gaynes etc, shall in one year shippe
out but the fourth parte of the Stint alotted and sett out
for him to shippe by the aboue written order accordinge
to his Continuance and standinge in the ffreedome of this folio
ffellowshippe and so of the rest, And yt shalbe lawfull for
the Governour or his Deputie and Assistents and Associ¬
ates one this Syde the Seas and in hondone, to warne and
call before them yearly before the last day of August, all
the ffree brethern of the ffellowshippe partners and others
and to examine them vpon their Corporall oathes, whether
they have shipped or donne contrarie to the abouesaid
order or anie parte clause or point thereof, and he that
shall not appear by the said last day of August euerie
year, or shall refuse or will not or shall neglect to take
the said oathe and purge himself in dew manner, shall
forfeict and pay to the vse of the ffellowshippe the somme
of twentie pounds sterlinge without favour or pardone,
and further bee deprived of the vse and benefyte of the
ffree licence till he haue taken the said oathe and declared
(yf he haue offended) the number of the Clothes and other
72 THE MERCHANTS ADVENTURERS OF ENGLAND.
woollen Knglishe commoditye shipped, or exceeded con¬
trarie to the true meaninge of this order, and yf the said
partie beinge after warned to appear and take oathe, shall
not appear and take oathe, he shall forfeict and pay for
a fyne the some of twoe hundred poundes sterlinge for
suche his willfull Contempt, and further bee dealt with-
all and Censured as one whoe hathe offended this order.
Furthermore no brother of this ffellowshippe, shall at
anie tyme directly or Indirectly borrow or lend, buy or
sell, give away, exchaunge or Compound for the ffree
licence, vpon which he may shippe out Clothes or for
anie parte thereof. Neither shall yt bee lawfull for anie
brother of this ffellowshippe to fetch or take out from the
Deputie or his substitute in lyondone, anie parte of the
said ffree licence, to anie other end or Intent but onlie to
the proper vse of him or them by whome the lycence ys
so fetched out, But shalbe holden by him or themselues
to shippe the same number and quantitie of Clothes to
the Marte Townes one this syde the Seas, accordinge to
the Ordinances of the ffellowshippe standinge in force,
and agreable with the Charters and graunts of the said
ffree licence, vpon pain that euerie brother which Con¬
trarie to the true meaninge of this ordinance, shall either
borrow or lend, buy or sell, give away, exchaunge or
Compound for, the said ffree licence, or anie parte thereof,
to other end or Intent then as ys abouesaid, shall forfeict
& pay for euerie Cloth borrowed, or lent bought or solde,
given away, exchaunged or Compounded for, the some of
fyve pounds ster: without favour or pardone, to the vse
of ye ffellowshippe.
Accordinge to former Order and vpon the penaltie
heretofore one this behalf Provided in the Act of stint
of shippinge, yt ys ordayned and Enacted that euerie
STINT OF SHIPPING®, SHIPPING®, ®TC. 73
Brother of this ffellowshippe that shall make entrie of
Clothe to bee shipped out vpon the jfffee licence, whether
the entrie bee made in his owne name or in the name of
anie other persone or persons of the said ffellowshippe,
suche Clothes so entred to bee shipped out vpon the ffree
licence, shalbe all bought with the proper Stock and
Crédité of him or them in whose name or names they are
so Entred and he or they shall directly and plainly bear
bothe the Adventure of them and the hazard of proffyte
or losse by them whichsoever shall happen. And yf anie
ffree brother of this ffellowshippe shall at anie tyme
directly or Indirectly, borrow or lend, buy or sell, give
away. Compound for or exchaunge the ffree licence, vpon
which he may shippe out Clothes or anie parte thereof
aswell all and euerie suche borrower as lender, suche
buyer as seller, suche giuer away as receiuer, as also all
and euerie suche Compounder for, or exchaunger, of the
ffree licence or anie parte thereof, shall forfeict and pay
vpon euerie woollen Clothe so borrowed or lent, bought
or sould, given away or receiued, exchaunged or Com¬
pounded for. Contrarie to the true meaninge and Intent
of this present Act, the somme of tenn shillinges sterlinge
monie to be levyed by the Treasurers here one this syde
the Seas, and in Eondone, from tyme to tyme the one
hälfe to the vse of the presenter makinge dew proofe
thereof, and the other hälfe to the vse of the ffellowshippe.
Finally yt ys Ordayned and Enacted that the Deputie
in Eondone or his substitute the Secretarie there, shall
keep an orderly plain and perfect Register of all the bills
by him from tyme to tyme deliuered out to anie man for
the abouesaid ffree license, to bee in readines to bee
audited at euerie six monthes ende by those appointed
for the Auditinge of the Treasurers accompts in the said
74 MERCHANTS ADVENTURERS OE ENGEAND.
Cittye, or by some other to bee there appointed by the
Court for that purpose, a Copie whereof shalbe yearly
sent over to the Court here, vpon pain that the said Sec-
retarie herein makinge default, shall forfeict to the vse of
the ffellowshippe and pay out of his stipend or Kntertayn-
ment the somme of twentye poundes sterlinge, as often as
he shalbe herein found faultie without all favour or par-
done, and in Consideration of his paynes one this behalf
to bee taken, he shalbe allowed over and abone his yearly
stipend of one hundred pounds ster: which he now en-
ioyeth the some of ten poundes ster: to bee paid him by
the Trer: in I^ondone at euerie yeares ende, this servinge
for the said Treasurers warrant one that behalf.
folio 56. SHIPPINGB, ETC.
No persone whatsoeuer whoe synce Kaster 1581 hathe
been admitted or hereafter shalbe admitted gratis, into
this ffellowshippe shall shippe out anie Clothe vpon the
ffree licence or vpon anie purchased licence, vpon pain of
fourtie shillinges sterlinge, for euerie Clothe so shipped
out to be levyed one hälfe vpon the persone or goodes of
the partie so shippinge, and the other hälfe vpon the
Deputie or his substitute that shall have given out bill or
warrant for the passinge out of suche Clothes.
Because that some Brethern of this ffellowshippe hav-
inge of late dayes made entrye with the appointers of
Clothes in trusses and fardells sett, with the wrappers
thereto belonginge, doe vse to fetch their licence bills at
the hands of the Deputie for the whole number of the
Clothes sett, and wrappers in the said Trusses, or fardells,
and yet notwithstandinge in payinge of Custome after-
wardes doe only enter their sett Clothes vpon the ffree
licence or bought licence and the wrappers of them Course
STINT OF SHIPPINGF, SHIPPINGF, FTC. 75
thereby Consuminge the said licences Indirectly, in pass-
inge out more Clothes vpon the same then in right Con¬
struction they ought, the wrappers beinge supposed to
bee of the same Nature that the sett Clothes are. There¬
fore yt ys Ordayned that the said practyse shalbe no more
vsed vpon the penaltie of 6® 8^ sterlinge for euerie Clothe
that shalbe found entered or passed out Contrarie to the
true meaninge hereof, Knacted at Stoad the 8^^ of October
anno 1589.
No Brother or Brethern of this ffellowshippe by him or
themselues or by anie other for them, shall make entry
with the appointers in Tondone, in their bookes therefore
provided, of anie Clothe, Kersyes, or anie other Knglishe
woollen Commodityes, but only of suche as are his or
their proper goodes, and in his or their housen or pos¬
session, in whose names they are to bee entred or are
entered, and suche as he or they purpose to send and
shippe in the appointed shippes vnto the marte Towne or
Townes, for which he or they doe make entrye as afore¬
said, Tykewise no brother or brethern of this ffellow¬
shippe, shall at anie tyme borrow, sell, giue, lend, trans¬
porte or Chaunge his turn of shippinge, to or with anie
other Brother or brethern of anie Cause or Condition, or
by anie manner of means, whatsoever, but shalbe held to
shippe his or their Clothes and goodes accordinge to the
name qualitie and quantitye sett downe in his or their
Entry es, by hym or them, or by anie other for him or
them made in the appointers bookes. Neither shall yt bee
lawfull for anie man in or for the makinge of such Entrye
to borrow or lend the name or surname of anie other per- folio 57.
sone whoesoever, yet yf happilye anie brother after suche
his entrye made shall dispose of all or anie of the Clothes
etc by him entered, otherwise, suche brother shalbe fur-
76 THR MERCHANTS ADVENTURERS OE ENGLAND.
ther holden to giue notice of suche his disposinge or
Chaunge of mynde vnto the appointers in !hondone for
the tyme beinge or to one of them at suche house or place
and at suche tyme as they shall sitt at to receiue entryes,
within eight dayes after suche disposinge or alteration of
mynde, to the end that the bookes may bee Crossed of the
said Clothes etc as matter void and of none effect, And
whatsoever brother of this ffellowshippe shall not per-
forme and doe accordinge to this order, and the severall
pointes thereof, but shall offend against the same in
whole or parte directly or Indirectly, he shall forfeict and
pay to the vse of this ffellowshippe vpon euerie Clothe
and vpon all other woollen Commodityes after the rate,
the some of twentie shillinges sterlinge without favour
or pardone.
SHIPPINGK FROM EXCESTER.
Yt shall and may bee lawfull for the tradinge brethern
of Kxcester at four sett tymes and seasons of the year,
To Wytt the 15^^ of February 15'" of Maye 15^'' of August
and 15'" of November to shippe at their pleasure in what
shippe or Vessell that they will, at the Porte of Tondone,
their Countrye Commodityes, properly belonginge to
them or anie of them to bee landed and vented one this
syde the Seas, in the Marte Towne or Townes and no
where else, vpon the penaltie of misshippinge. And at
the aryuall of the said goodes at the Marte Towne, the
said brethern shalbe bound to enter the same in the house
with the Secretarie sworn Clerk or husband, and that be¬
fore the takinge vp thereof, vpon pain of tenn poundes
sterlinge makinge therein default. And this to bee vnder-
stood of the fffee brethern of this ffellowshippe dwellinge
at Kxcester only, and of their goodes and Countrye Com-
STINI" of shippings, shippings, etc. 77
modities onlye, and none other woollen Commodityes,
and those to shippe but four tymes a year one the dayes
aforesaid from I^ondone although that anie of them may
have partner or partners in or about hondone. And to
the end that no fraude bee herein vsed, Yt ys further
Ordayned that suche brethern of Kxcester as shall send
vp their goodes to hondone from thence to bee shipped
accordinge to this order, shalbe bound withall to send an
orderlye and true Certificate, vnder oathe taken before
the Mayor of the said Cittye of Kxcester, that the said
goodes are properlye belonginge to them or their partner
or partners ffreemen of the ffellowshippe of Merchantes
Adventurers of England and None other, directly or In-
directlye. And their factors or servants as shall lade the
said goodes shall lykewise take oathe at Kondone before
the Governour or his Deputie there that the propertie of
the said goodes ys not altered. And that they shalbe folio 58.
directly shipped to the Marte Towne or Townes and take
out due Certificate thereof to bee sent over with the other
passed at Kxcester, upon the penaltie of misshippinge yf
they shall neglect to performe the pointes above written
or anie parte thereof.
SHIPPINGK.
No Brother of this ffellowshippe havinge goodes arvyed
from anie the out portes of the Realm of England, shall
procure the same or anie parte thereof to bee discharged
or vnladen before he have brought vnto the husband of
the house or some other appointed for that purpose or
the Secretarie, a perfect and true note of the said goodes
with the qualitie and quantitie thereof, as he will aun-
swear therevnto vpon his oathe, vpon pain of ten poundes
sterlinge.
78 THK MERCHANTS ADVBNTURRRS OF FNGI^AND.
SHIPMAISTKRS.
The Owners maisters and maryners of shippes and
Vessells ladinge for or servinge the ffellowshippe and
euerie of them, shalbe bound to observe and keep suche
Orders, Conditions and Articles as one their behalf are
provided by the Ordinances of the said ffellowshippe, and
are agreed vpon and Covenanted betwixt the appointers
and them, and euerie of them, and to make payment of
suche penalties and forfeictures as are therevnto dew
vpon pain to bee debarred and Crossed from the service
of the ffellowshippe, vntill suche tyme as he or they shall
have submitted him or themselues, and paid doble ffyne
or otherwise have given satisfaction to the Cpurt, To the
dew and better effectinge whereof, and all other pointes
and Articles Concerninge the Owners and maisters of
shippes and their maryners, with all other necessarie
Covenantes and Agreements as accustomed, together
with suche also as lately were agreed vpon and adver-
tysed to Tondone, yt ys in lyke manner agreed that the
foresaid Appointers for the tyme beinge, shall from tyme
to tyme, cause all the same to bee Orderlye inserted in
euerie Charter partie, which together with the owners or
maisters bondes for the dew performance thereof, and to
bee made and signed as ys requisite, and that before the
shippe or shippes of suche maister or owner shall beginne
to lade, vpon pain that the said Appointers faylinge in
anie point abouesaid shall forfeict & pay euerie of them
ten pounds ster: without favour or pardone.
The Appointers in lyondon from tyme to tyme shall
deliuer vnto euerie maister of Appointed shippe Imme-
diatelye after the appointinge of the same, a iust, true
and particuler Content in wr3dinge, of all suche goodes
as they shall haue appointed in suche shippe, with
STINT OF SHIPPINGF, SHIPPINGK, FTC. 79
Charge vnto the said maister that he take order with his
mate, Purser, Botesman and saylers, that manner of folio 59.
goodes bee by them or anie of them taken into his shippe
then onlye suche as are written and sett downe in his
said Content a Duplicke or Copie whereof firmed and
vnder written by them the appointers shall send vnto the
Governour or his Deputie and fiellowshippe resident in
the Marte Towne, whether suche appointed shippe shalbe
destinate and laden, Accordinge to which Content and
the Cocquets that euerie maister with all Convenience
after his aryuall y s to deliuer vnto the husband, or other
Officer appointed to receiue them, the said maister shalbe
Charged by the fforesaid Governour or his Deputie and
Certain of the Assistentes or Associates and purged by
his Corporall oathe, whether he haue brought over in his
shippe or Vessell more goodes then by the appointers
Content were appointed one this said shippe or Vessell,
And anie difference beinge shall make deliuerie vpon his
said oathe of further notice of anie thinge laden or
brought over, and not Comprehended in his said Content,
with the quantitye and qualitye thereof and for whome,
to the end that the misshippers by this means beinge
found out, may bee dealt with accordinge to the Orders,
and that euerie. maister which shall bringe over more
goodes ffor anie man then one his shippe or Vessell were
appointed, may pay vnto the ffellowshippe bee he maister
or owner, a fine of 5® sterlinge per Clothe vnorderlye
taken in, laden and brought over and ffor all other Com-
moditye after the rate without favour or pardone.
Yf anie Brothers goodes of this ffellowshippe packed
or made vp into ffardells Trusses or Bales, shalbe opened
made loose, vnbound, vntrust, or vnbaled in whatsoever
packinge yt bee, and that yt bee found to bee donne a
8o THE MERCHANTS ADVENTURERS OE ENGEAND.
shippeboord by the maister owner of the said shippe or
Vessell, or by anie of his Companie or anie other persone
or persons for hym or them or anie of them, the maister
or owner of suche shippe or Vessell where suche thinge
shalbe Committed or donne (without the Consent of the
owner of the goodes first had) shall for euerie peece or
parcell of goodes so opened vnbound vntrust or vnbaled,
forfeict and paye fíyve poundes sterlinge to the vse of the
fifellowshippe without favour or pardone.
The maister or owners of shippes or Vessells appointed
or laden ffrom Tondone shall not lade or suffer or Cause
to bee laden in their shippes or Vessells anie goodes
whatsoever either outwardes or homewardes bound vpon
or aboue the hatches, vpon pain of ffourtie shillinges ffor
euerie peece or parcell so laden. And no brother of this
flfellowshippe shall pay fraight for anie goodes so laden
folio 60. vpon the same penaltie but shall bringe the said fraight
into the handes of the Treasurer to bee disposed of as
shall seem good to the Court, And yf by default of anie
brother of this fifellowshippe anie goodes shalbe laden
aboue hatches, he shall forfeict suche penaltie as the
maister or owner as aforesaid ys to vndergoe.
Yf by the frowardnes of anie maister owner, maryner
or maryners, of anie shippe, the Appointers shalbe letted
or withstood in doeinge their Office, visitinge or vnlad-
inge anie shippe pestered accordinge to the Orders suche
maister, owner or procurer of suche lett or Residence,
shall forfeict doble the penaltie provided for ladinge
above hatches, or otherwise vpon knowlegd & proofe of
suche misdemeanour shalbe dealt withall and punished
at the discretion of the Court.
STINT OF SHIPPINGE, SHIPPINGE, ETC. 8l
SHIPPINGK.
Yf in Visitation of shippes or Vessells either home-
wardes or outwardes bound, the Appointera shall fynde
anie shippe or shippes pestered or with goodes laden
abone the hatches they shall foorthwith discharge and
take out suche pesteringe or goodes at the Charge of the
maister or owner of suche shippe or shippes, or of the
owner of the said pesteringe or goodes where the fault
shalbe found.
No maister or owner of shippe or shippes appointed,
onlye for the service of the ffellowshippe, shall vnder
what Colour or pretence soeuer directly or Indirectly
suffer anie straungers, foreigns Vnffreemen, Interlopers
or suche lyke disorderly persons, to lade anie goodes or
merchandises in their said shippe or shippes from I,on-
done to the partes of Vpper or I^ower Germanie, Neither
after the said maister or owner with his shippe ys Cleared
from Londone, shall vpon the waye take in or deliuer out
anie merchandise whatsoever, except vpon necessitie or
vrgent occasion not to bee avoyded by wynde wether or
perrill of Sea and that vpon pain of ffyve poundes ster-
linge, to bee forfeicted or paid ffor euerie peece or parcell
of goodes or merchandise so laden, taken in, or deliuered
out, besydes three yeares Banishment ffrom all service of
the ffellowshippe yf the Offence bee found so to deserve
by the Court, which order shalbe also obserued and kept
by the maisters and owners of shippes homewardes bound,
vpon the same penaltie yf the necessitye of the tyme so
requyre, and that they bee warned by the Governour or
his Deputie or the Appointers one the behalf of the
ffellowshippe to observe and keep the same.
Those of the ffellowshippe tradinge in these partes of folio 6i.
beyond the Seas and their ffactors, Atturneys and ser-
82 THB MERCHANTS ADVENTURERS OF ENGLAND.
vants, shall from tyme to tyme bringe into the handes of
the Governour or his Deputie for the tyme beinge, or
some other appointed thereto by the Court, a true and
perfect note vpon his Corporall oathe of all Clothes and
other Knglishe woollen Commoditye with the righte
nature, qualitie and quantitye thereof by them had taken
vp or receiued at or between the ordinance appointed
shippinges ffrom tyme to tyme to bee performed, by a
Certain daye to bee sett by the Court, vpon the penaltie
of fidftie poundes sterlinge and no man to departe the
Marte Towne without bringinge in of the said note and
takinge oathe as aforesaid, vpon the same penaltie, and
yet not to bee discharged of that he shalbe presented or
iustly Charged with for this Cause.
Forasmuche as yt is day lie found that sundry abuses
are Committed by the maisters of Trades, and Pinkes,
ladinge ffor these partes, somme whereof make their
porte at fflushinge and some in other places discharge
their ladinge or parte thereof, verie vnorderlye to the
hurt and trouble of the ffellowshippe, as well in regard
of the multitude of Interlopers thereby maynteyned, as
also of vnorderly brethern whoe by means hereof cannot
bee so well mett withall and restrayned as were to bee
wished, Yt ys therefore Ordayned and Enacted, that no
brother of this ffellowshippe shall lade anie goodes what¬
soever, in anie Cray er, Pynke or lyke Vessell either
Englishe or Dutche bound for these partes, which after
Clearinge ffrom Eondone or Gravesende shall breake
Bulkk or discharge her ladinge or anie parte thereof by
the waye, or in anie other place then this Towne of
Middelbroughe onelye where the ffellowshippe holdeth
their Staple or Residence, and where the Brethern of the
said ffellowshippe are by the orders to lade their goodes
STINT OF SHIPPINGK, SHIPPINGK, FTC.
83
and merchandise iïor Kngland and no where else, vpon
pain of ffyye poundes sterlinge to bee forfeicted vpon
euerie peece and parcell of goodes or mercandise so laden
or shipped except yt shall otherwise seem good by the
Governour or his Deputie and the Court, and further to
bee dealt withall as a transgressor of the orders, provided
against shippers of goodes at other places then the Marte
Townes.
The maisters and owners of the Appointed shippes
aryvinge from Tondone at the Marte Towne or Townes,
shall observe their turnes as well in discharginge as in
ladinge homewardes, accordinge to their severall lottes &
shall not lye longer then the dayes assigned by the
appointers for their reladinge and Clearinge awaye, vpon
pain of fyve markes sterlinge without especiad licence of
the Governour or his Deputie.
MAISTERS OF SHIPPES, ETC. folio 6a.
After the Appointed shippes or anie of them are laden
from hence and visited by the Appointers, no brother of
this ffellowshippe shall lade in the said shippe or shippes
without Consent of twoe of the Appointers at least, vpon
payn to paye ffor euerie peece and parcell of goodes so
laden vnder the worthe of one hundred poundes, ffourtie
shillinges sterhnge, and for euerie hundred that the said
peece or parcell of goodes ys worthe aboue one hundred
pounds, ffourtie shillings sterlinge to the vse of the
ffellowshippe.
Yf in discharginge of anie shippe Commanndment or
warninge shalbe given by the Governour or his Deputie
to discharge No more or to holde vp the maister or owner
of suche shippe shall obey suche Commanndment, vpon
pain of tenn shillings sterlinge vpon euerie packe, fardell,
84 THE MERCHANTS ADVENTURERS OF ENGLAND.
or trusse or parcell of goodes discharged after suche
Commanndment or warninge given to bee paid by the
said maister or owner yf yt bee his fault, or by the partie
receiuinge suche goodes j'-f yt bee his fault.
The maisters and Owners of the appointed shippes shall
after their aryuall with all possible speed enter their
shippes where they ought to bee entered, and no shippe
shalbe appointed to lade homewardes till yt bee knowen
that the same y s orderly e Cleared Inwardes.
No man shall lade in anie shippe bound for Tondone
the maister or Owner whereof hathe not first licence of
the Govenour or his Deputie to lade, and then bee order-
lye appointed by the Appointers, vpon pain of fourtie
shillinges sterlinge for eurie piece or parcell of goodes
laden in suche shippe.
No maister or owner of shippe appointed or laden by
the Brethern of the ffellowshippe, shall exact or take
abone the rate accordinge to Which yt shalbe thought
meet and agreed by the Appointers, that they ought and
shall receiue fraight by or accordinge to twoe rates agreed
vpon and ordayned by Authoritye of the ffellowshippe
the one for the bigger the other for the lesser shippes of
burthen & Charge and accordinge to which the appointers
in Jugdinge, the maisters and owners of shippes in re¬
ceiuinge, and the merchants or laders of the ffellowshippe
in payinge fraight shall direct and demean them selves
without exceedinge, vpon pain of ffourtie shillinges ster:
for euerie piece or parcell of goodes for which fraight
shalbe exacted or demannded or paid abone, the said ap¬
pointed rate or Contrarie to this present order,
folio 63. The Brethern of the ffellowshippe shall pay to the
maisters and owners of the appointed shippes for Dover
peer monie outwardes twoe pence sterlinge vpon each
STINT OF SHIPPINGE, SHIPPINGE, ETC. 85
trusse of 9 Clothes sett, ffour pence vpon eache fîardell of
28 Clothes, And Inwardes the said Brethern shall pay a
farthinge vpon each shillinge that the fraight he payeth
shall amount vnto, and with this allowance the said
maisters and Owners shall Content themselues, whether
their shippes shalbe full fraighted or noe.
The Brethern of this ffellowshippe shall not paye or
alio we anie fraight for the Wrappers of their Trusses,
packes or ffardells of clothes, or other woollen Commodi-
tyes, havinge no more wrappers to a trusse pack or ffardell
of Clothes etc" then hereafter ys sett downe, vpon pain of
tenn Shillinges sterlinge for euerie wrapper so paid or
allowed for, Contrarie to the true meaninge hereof.
A pack or trusse of ten Clothes sett and vpwardes to
twentie Clothes, havinge But twoe wrappers no fraight
shalbe paid for the said twoe wrappers, reconinge other
woollen Commoditie or wares ratably and proportion-
ablye.
A pack or ffardell of twentie Clothes sett and vpwardes
to thirtie Clothes hauinge but three wrappers no fraight
shalbe paid for the said three wrappers.
A pack or ffardell of thirtie Clothes sett and vpwardes,
havinge but four wrappers no fraight shalbe paid for the
said four wrappers, and of the rest accordinglie, Provided
that yf anie man shall putt into a trusse or pack fewer
wrappers then y s abouesaid, he shall not therefore abate
anie thinge, but pay fraight for all the sett Clothes in the
said trusse pack or ffardell.
The shippes ladinge from Antwerp shalbe Knregistred
with the Secretarie of the ffellowshippe or his substitute,
from whome the maisters or owners of the said shippes
shall receiue a bill for the Clearinge of them in the Sea-
landes Tolle, payinge him for the said bill 2® 6^ ffes.
86 THB MERCHANTS ADVENTURERS OE ENGLAND.
Yf ailie maister or owner of shippe or Vessell shall
promise to serve the Companye and bee appointed to
lade ffrom lyondone, and after that vpon other private
Cause or advantage, shall refuse to serve and will not
lade accordinge to promise suche maister or owner shall
forfeict fyve poundes ster: to the ffellowshippe to bee
levyed vpon him or his shippe at his next aryuall in
these partes beyond the Seas where the ffellowshippe ys
Resident.
folio 64 When anie shippe or Vessell servinge the ffellowshippe
shall aryiie in these partes where anie Court of the
ffellowshippe ys held or Resident the maister or owner
shall within hälfe a daye after his aryuall, deliver over
all the Cocketts or Certificates of ladinge none excepted
to the Treasurer, Secretarie or husband or other persone
appointed for the receipt thereof, at least a iust Content
or note of all his ladinge vpon his oathe to bee taken
thereto before the Governour or his Deputie and Certain
of the Assistentes or Associates, but omittinge to per-
forme this Order he shall forfeict and pay tenn poundes
sterlinge without favour or pardone.
All Debates Controversies and questions arysinge be¬
tween the Brethern of the ffellowshippe and the maisters
and Owners of shippes servinge the said ffellowshippe,
shalbe decided by the Appointers or by the Court, yf
they cannot decyde them.
None appointed shippe aryvinge in the place of Resi¬
dence of the ffellowshippe one this syde the Seas, shall
serve anie private persone whomesoever, to be laden or
fraighted for anie porte or Countrie, without especiall
licence of the Governour or his Deputie, vpon pain to bee
debarred from servinge of the said ffellowshippe vntill
the maister or owner of suche shippe shall have paid
stint of shippinge, shippinge, etc. 87
ffyve poundes sterlinge fyne to the house, except suche
maister or owner were before his settinge foorth out of
England bound by Charter partie for such voyage, other¬
wise he shall attend the Companies pleasure accordinge
to his Charter partie for reladinge.
No maister or owner of shippe appointed shall take into
his shippe, either goeinge or Comminge at one tyme
aboue four passengers, beinge not brethern or bretherns
servants of this ffellowshippe vpon pain of.^
The maister and owner of anie shippe Intendinge to
serve the ffellowshippe shall not by himself or by anie
other persone for him, make suite or labour to haue his
shippe or other Vessell appointed vnto anie other persone
whomesoever but the Governour or his Deputie and the
Appointors, nor procure anie letters of Recommendation
or means from anie other, to help him to lade then from
suche as are ffree of the fíellowshippe, And yf anie maister
or owner of shippe or other Vessell shall doe here against,
yt shalbe lawfull (yf the appointors see Cause) to appoint
him for that tyme, but he shall not bee admitted to serve
the ffellowshippe in three yeares after by himself or with
suche shippe or anie other.
CARYINGK OUT OF FORBIDDEN WARES. folio 65.
Yf anie persone of this ffellowshippe Carye or Convoye
or Cause to bee shipped, Caryed, or Conveighed anie
goodes or merchandise, forbidden to bee shipped, caryed
or Conveighed or shall through willfullnes or negligence
omitte to paye, suche Customes, Tolles or Duties as he
ought to paye, so that throughe suche shippinge or will-
full dealinge or negligence, the shippe or Vessell wherein
^The penalty is not given.
88 MlíRCHANTS ADVENTURERS OF ENGEAND.
suche goodes are laden bee arrested and stayed, to the
trouble and hinderance of other laders not offendinge in
the lyke, suche persone shall not onlye bear and paye all
the Costes and Charges which ^hall or maye aryse by
suche arrest or staye, but over and above shall forfeict
and paye one hundred poundes sterlinge to the vse of the
ffellowshippe without favour or pardone. But yf yt shall
please the Court at the humble suyte of suche persone to
affoord vnto hym suche ayd as Convenientlye may bee
given, the Charges Kotwithstandinge shalbe borne by
him, and so shall not at anie tyme after demannd anie
amendes or allowans of the ffellowshippe; or of anie lader
in the said shippe or Vessell arrested beinge none offender
in the premisses, vpon pain of tenn poundes sterlinge.
No persone of this ffellowshippe shall enter anie goodes
in the Tolle or Conveye one this syde the Seas, in anie
other mans name then in the true owners thereof, vpon
pain of ffourtie shillinges sterlinge.
Whatsoeuer persone of this ffellowshippe shall haue
pack ffardell, trusse, maund, ffatt, tonne or other Vessell
or thinge with merchandise to shippe, he shall within
ffour and twentie honres after the bringinge downe
thereof to the shippe or Water syde. Clear the Tolle by
the right name and greatnes thereof, vpon pain of ffourtie
shillinges sterlinge.
The Selandes Tolle shalbe Cleared and paid within
ffour and twentie honres after the receipt of anie goodes
or merchandise by anie brother of this ffellowshippe vpon
pain of ffourtie shillinges sterlinge.
SHEW DAYE.
No Brother of this ffellowshippe by himself Broaker or
anie other Persone whomesoever shall make anie shew or
ORDERS IN PEAT OE MERCHANDIZE. 89
sale of anie Englislie woollen Commoditye, but onlye
vpon three dayes in the weeke, that ys to saye one Mon-
daye, Wedensdaye & frydaye and vpon none other daye
or dayes, vnles for Consideration the Court shall other¬
wise appoint and ordayne, vpon pain to forfeict after the
Rate of 6® 8^ ster: per Clothe vpon all woollen Commodi-
tie, which otherwise then by this Order is sett downe
shalbe solde ffourtie shillinges sterlinge for the shew folio 66.
onlye and besydes twentie shillinges for the of&cer or
pardone presentinge the same, whereof shalbe taken with¬
out favour or pardone. Provided Notwithstandinge that
yt shalbe lawfull to Conclude anie Bergain by buyinge or
sellinge so as the same bee orderlye shewed vpon the
shew daye, and that vnder Colour of deliuerie thereof
there bee not anie shew or sale made of more than was
before absolutely shewed & sold, and also vpon an unshew
daye to sell anie the abone said Commodityes, by the
marke vnsight and vnseen, and absolutely, without shew-
inge the same, and not otherwise vpon the penaltie abone
mentioned.
SHEW DAYE.
As often and whensoever as to the Court yt shall seem
good to appoint and nominate a sett shew daye either
vpon the aryuall of a Clothe ffleet, from Eondone, or vpon
anie other Reasonable occasion, yt shall not bee lawfull
for anie persone of what degree or qualitie soever, to
make shew sale Certain pryce or deliuerie or to make
offer of shew sale Certain pryce or deliuerie, of anie Clothe
kersye or other Englishe woollen Commoditye, before the
said appointed shew daye vpon the penaltie of twentie
shillinges sterlinge for each Clothe so shewed, solde, made
Certain pryce of or deliuerye, Contrarie to the true mean-
90 THIO MERCHANTS ADVENTURERS OF ENGEAND.
inge of this Order, and for all other Knglishe woollen
Commoditye after the rate to bee forfeicted and paid to
the vse of the ffellowshippe, And to the end that this
Order may bee the better observed and kept yt ys further
Ordayned and Knacted that no persone of this ffellow¬
shippe of what degree or qualitye soever shall depart the
marte Towne, before he haue orderly purged himself by
oath before the Governour or his Deputie or in their ab¬
sence before the Treasurer or Secretario for the tyme
beinge, Concerninge the true observation of this Order,
vpon pain of ffyftie poundes sterlinge. yf either he shall
so depart without orderlye purginge himself by oathe, or
that he shall refuse to take the said oathe to bee forfeicted
and paid to the vse of the ffellowshippe.
No Brother of this ffellowshippe shall shew sell or de¬
liver anie Clothes or other Commoditye whatsoeuer in
tyme of the .sermon or divine exercise, or vpon anie
publicke fastinge daye, vpon pain of twentie poundes
sterlinge without favour or pardone. Neither shall anie
persone buy, sell, barter shew Cheapen or take view or
sighte of anie wares or merchandise whatsoever, in tyme
of Court generali or of Assistents or Associates, vpon the
same penaltie of twentie pounds sterlinge.
folio 67. SHEW, SELLINGE.
The oath ffor shew dayes shalbe taken by euerie one of
this ffellowshippe, before or at the end of euerie three
monthes from three monthes to three monthes vpon the
penaltie of twentie poundes sterlinge. And the oath for
keepinge the Marte Townes before or one the 23^'' daye of
Julie next, anno 1605 and so successiuelye ffrom the 23*^
of Julie to the 23'^'' of Julie next, euerie year except other
order bee taken vpon the penaltie of twentie poundes
ORDERS IN FRAT OF MRRCHANDIZR.
91
sterlinge, and for euerie monthes not takinge or neglect-
inge to take tke said oathe, after the days abone sett
downe twentie poundes sterlinge per mon the, and the
offender to bee held suspect of the breache of the Orders,
and not to enioye anie benefyte of the ffree licence till he
have taken the said oathe for keepinge the Marte Townes,
and giuen the Court satisfaction one that behalf. More¬
over no man to depart the Marte Towne before he have
purged himself by the said twoe oathes, vpon the fore¬
said penaltie of twentie poundes sterlinge, to the vse of
the ffellowshippe a third parte to the presenter.
No persone shall stand watchinge at the Corners or
ends of streetes, or at other mens Packhouses or at the
house or place where anie Clothe merchant or draper ys
lodged, nor seeinge anie suche in the Street shall run or
ffollow after hym with Intent to Kntyce or lead hym to
his packhouse, vpon pain of fyve pounds ster:
No person shall lett or Interupt another in his Bergain
whether buyinge or selHnge nor by anie signe devyce or
other means by himself. Breaker or other shall attempt
to hinders or breake of another proceedinge, vpon pain
of ffyve poundes sterlinge.
No persone shall sett one worke anie broker not sworn
or allowed of by the Court, vpon pain to forfeict after the
rate of ten shillinges sterlinge: per Clothe ffor all Knglishe
woollen Commoditie, and ten shillinges sterlinge vpon
the hundred ffor all other Commoditye sold with anie
suche Breaker, without favour or pardone. Neither shall
anie vnffree breaker receiue anie broakerage for wares
sold for a brother of this ffellowshippe, but the seller
shalbe bound to pay the same vnto the Treasurer to the
vse of the Companye or presenter of the aforesaid Offence.
92 THB MERCHANTS ADVENTURERS OE ENGEAND.
ORDERS IN TRADE.
No persone of this ffellowshippe shall sett his goodes to
bee solde in the handes of anie yonge man his servant or
other persone, that ys not ffree of the said ffellowshippe
or his Atturney in these partes, but all and euerie persone
folio 68. of this ffellowshippe which shall haue Trade or doeinge
in these partes where the ffellowshippe y s Priuileged,
shall haue ffreemen which have taken oathe and Charge
to the ffellowshippe accordinglye to doe his or their busy-
nes, or to bee their ffactors and Atturneys, vpon pain of
tenn poundes sterlinge, to bee forfeicted to the vse of the
ffellowshippe ffor euerie hundred poundes worthe of wares
goodes or Commoditye, bought or solde by anie persone,
otherwise then by this order ys appointed. An Atturnye
may bee made by a letter of the Constitutor signed by
him and one of the Wardens of his Companie and directed
to the Governour or his Deputie and the Court signify-
inge what Authoritie more or lesse ys giuen to the said
Atturnye ffurther then the which the said Constitutor
shall not stand Charged or aunswearable. And when an
Atturnye ys to be dismissed the lyke order ys to be ob¬
served one that behalf.
No persone of this ffellowshippe shall buy or sell, for
anie foreign or vnffree persone of the ffellowshippe, nor
shall Colour or ffree the goodes or merchandise of anie
suche, or send or Conveighe the same by water or land
nor haue parte deale or portion with him in anie mer¬
chandise (Fuelles horse, harnas, Victuaill, Munition of
Warre thinges for store or household stuffe, not to bee
put to sale again alwayes excepted) nor in his name shall
Conveighe or Transporte their goodes Covertly or ouer-
lye, by sufferinge his name or his marke to bee vsed by
him. Neither shall take vp suche foreign or vnffreemens
ORDKRS IN RKAT OP MpRCHANDIZp. 93
goodes for him, Neither shall Cover or Colour the same
by entrie in the Custome house or other place Inwardes
or outwardes, or by anie other means whatsoeuer, vpon
pain of one hundred poundes sterlinge for euerie tyme he
shalbe found or approoued to haue offended in the prem¬
isses or anie parte thereof, Notwithstandinge yt shalbe
lawfull to receiue vp and sell for anie vnffree persone the
Commodity es of England, ffraunce, Spain, Portuigall, and
other straunge and foreign Eandes, as also to sell in anie
place of the Eowe Countries, or other Countrie where the
ffellowshippe ys Priuileged, anie Kynde of merchandise
brought by Sea directly by the owners thereof out of
ffraunce, Spain, Portuigall Eastland or out of anie other
Countrie sane England, payinge Impositions & dutyes to
the house for the same and not otherwise.
No Brother of the ffellowshippe shall take or deliuer
by exchaunge or rechaunge anie monie for the vse or be-
hoofe of anie persone not ffree of this ffellowshippe, vpon
pain of tenn poundes vpon euerie hundred poundes so
taken or deliuered, Except suche monie to bee Employed
for some far voyage or to bee transported into some other
Countrie then England, or for the Charges of somme
Student, Trauailer or suche lyke persone the Kings true
subiect.
No persone of this ffellowshippe by himself or by anie folio 69.
other whoemsoeuer, shall bergain or sell within the
Realm of England to anie straunger foreign or vnffree
persone of the said ffellowshippe, anie Clothes, Kerseyes,
or other woollen Commodityes of the said Realm with
Condition to bee paid for the same in anie other place
without the said Realm, nor for anie other monie, then
for Current monie of England. Neither vnder Colour of
deliuerie of the said monie growinge of anie suche sale
94 MERCHANTS ADVENTURERS OE ENGEAND.
by exchaunge or otherwise, shall assure or bear anie
Adventure of the said goodes by him so solde, or of anie
parte or parcell of the same, vpon pain to forfeict and
paye vpon euerie Clothe twen.tie shillinge sterlinge fyne,
and vpon all other woollen Commodityes after the rate,
solde or disposed of as ys aforesaid.
No person of this ffellowshippe shall suffer anie foreign
or unfffee persone or straunger, to stand or bee with hym
or to have anie goodes in his pack house shew house etc,
or shall parte or deale with anie. such either in buyinge
or sellinge, vpon pain of fourtie shillinges sterlinge Toties
quoties.
No persone of this ffellowshippe shall make anie re-
tayler or vnfffeeman perfectlye privye to his buyinges, or
shew hym his letters of advyce, Invoyces or Accomptes,
or give advyce of the pry ce of foreign wares to anie suche;
neither shall sell his wares to anie vnffreeman for Current
monie of England, after anie manner rate or reconninge
of the exchaunge expresselye; but simply and plainlye
without anie manner of Colour of deceipt, vpon pain of
twentie poundes Sterlinge as often as he shalbe herein or
in anie parte hereof found faultie.
No persone of this ffellowshippe of what Estate or Con¬
dition soever, shall suffer anie manner of straunger bom
or straungers servant, to keep his shewhouse or pack
house or to bee privye to his sales or buyinges of his
goodes, by Consigninge the same to bee sold or bartered
or disposed by straunger or straungers servant, or shall
stand in packhouse or shewhouse with anie suche, vpon
pain of three skore poundes sterlinge for euerye tyme he
shalbe found to offend herein or in anie parte hereof. And
yf anie persone of this ffellowshippe shall sett anie suche
stranger or straungers servant one worke, or employe
ORDE;RS IN FißAI" OR MRRCHANDIZR. 95
anie suche in the sale of Knglishe woollen Commoditye,
he shall forfeict and pay to the vse of the ffellowshippe
over and abone the aforesaid penaltie of three shore
pounds sterlinge, a fyne of twentie shillinges sterlinge
vpon euerie Clothe by suche straunger, sold bartered or
disposed of, Contrarie to the true meaninge of this Order,
and upon all other woollen Commodityes after the rate.
TRADE. INDIRECT DEARINGE. folio
Yf anie persone of this ffellowshippe by himself or by
anie other, openly or Covertly directly or Indirectlye one
this syde the Seas, or in Kngland, shall deale or handle
with anie trader or Traders, vnto or into anie forbidden
partes out of the Marte Towne or Townes, in anie place
one this syde the Seas, where the ffellowshippe ys or
shalbe hereafter Privileged, whether yt bee in the Towe
Countries or in. Germanie, or in anie other Countrie
Towne or place lyinge between the Riuers of Somme in
fffaunce, and the Schage in Dutchland, or whether the
said Traders bee fffee of the ffellowshippe of Merchauntes
Adventurers of the Realm of Kngland, or bee not fffee,
or subiectes borne within his Maiesties Dominions, or
shall sell or barter vnto them or anie of them directly or
Indirectlye, anie the Commodityes of the foresaid Realm,
or shall buy or sell or retayne or handle for them or anie
of them, whether yt bee in or out of the marte Townes
anie wares or Commodityes whatsoever either Knglishe
or foreign, or shall employe them or anie of them or anie
foreigne or straunger borne, as factors or doers for anie
manner or Trade trafficque or ffeat of merchandise,
whether yt bee in sale of Knglishe wares or other or for
the providinge or return or furnishinge of foreign wares,
deliveringe or takinge vp of monie by Kxchaunge, In-
g6 THK MERCHANTS ADVENTURERS OE ENGLAND.
tres, or deposits, receiptes or payments, or by anie otber
means shall Countenance, Crédité abett, or maynteyn or
sett them or anie of them aworke, to the preiudice of the
orderlye trade of the abouesaid ifellowshippe or to the
furtheringe, vpholdinge or Cherishinge of Indirect dis-
orderlye, Intrusiue, Coulorable or fraudulent dealinge,
and doeinge Contrarie to the laudable and good orders of
the said ffellowshippe, and the true meaninge thereof
heretofore made & provided or Contrarie to this present
Act or Ordinance, lyikewise yf anie persone of this ffel¬
lowshippe shall giue cary or send, or Cause to bee given
caryed or sent the markes of Clothes, Kerseys, or other
Knglishe woollen Co'mmodityes, sett pryce, or by anie
means Covertlye or Ouertlye directly or Indirectlye shall
enter into anie Bergain or Contract for Clothes, Kersyes
or other Knglishe woollen Commodityes, or for other
wares of the Realm of England bee yt either by himself
or by some other in anie place prohibited by this present
Act or Ordinance, or by anie other Act or Ordinance in
force, he and they as abouesaid in anie point or Clause
aforesaid specifyed or mentioned offendinge, shall encurre
the paynes and penalties made and provided by anie
former Acts or Ordinance or orders against Indirect or
Coulorable dealinge, trading out of the marte Townes or
against the Infringers Transgressors, offendors Violators
folio 71. or Impugners of the said Actes, orders, or Ordinances, or
of anie of them presen tlye in force or vnrepealed and ac-
cordinge to the pourport tenure and true meaninge of the
same, to bee levyed and paid without favour or pardone
to the vse of the ffellowshippe. Provided that y t shall and
maye bee lawfull for anie ffree brother of this ffellow¬
shippe by provision and till other order bee taken by
Court in anie parte or place lyiuge within the Kowe
ORDERS IN FEAT OF MERCHANDIZE. 97
Countryes one this syde the Seas, to buy or sell foreign
Commodityes or Wares to Chaunge and rechaunge to re-
ceiue and paye take up and deliver monie at Intrest, or
Deposits to his owne vse, or the vse of somme ffree
brother of this ffellowshippe or of other persons permitted
by former order.
INDIRECT TRADE.
No persone of this ffellowshippe shall take or receiue
over into his handes in Bergains or otherwise, the bill or
obligation of anie other brother of the said ffellowshippe
due in these partes, except he make the said brother or
his factor or servant privye to suche takinge or receivinge
over, and have the Consent of him or one of them in his
absence so to doe, vpon pain of twentie poundes sterlinge
vpon euerie hundred poundes of suche or lyke monie as
the bill or obligation taken and receiued over ys fdemishe
or sterlinge, to the vse of the ffellowshippe.
Yf anie manner of persone of whatsoever place or Coun-
trie he bee shalbe indebted or owe anie somme of monie
kittle or much, to anie brother of this ffellowshippe, or
by Contract or bergain made hathe promised to deliuer
wares or goodes, whether yt bee for his owne proper debt,
or for anie other persone. And when he shalbe de-
maunded payment or to performe Covenants, denyeth or
refuseth to doe, as a good and iust merchaunt ought to
doe, or in defraudinge of his Creditors taketh advantage
of the ffreedome of the marte or martes in the partes
where the ffellowshippe ys abydinge, after suche personne
shalbe found prooved or knowen to have donne anie of
the premisses no brother of this ffellowshippe shall buy
or take in barter anie goodes or wares to hym (yf suche
brother knowe yt) belon ginge in what place or whose
98 THK MERCHANTS ADVENTURERS OF ENGLAND.
handes soever the same bee sett, nor willinglye shall sell
anie Clothe or other merchandise vnto him or vnto anie
other for him or in his name for dayes of respyte or
tearme of payment in anie manner directlye or Indirectlye,
but shall receiue his redie monie before he deliuer his
Clothes or other merchandise out of his packhouse or
Custodie, vpon pain of twentie poundes sterlinge to bee
forfeicted & paid, the one half to the vse of the ffellow-
shippe and the other half to the presenter.
folio 72. DBIvAYNINGK OF DEBT ETC.
And yf anie persone whatsoever straunger or other,
shall vnivstly stoppe or withold anie parte of his dutie or
debt, ffrom anie brother of this ffellowshippe vpon surmise
pretence or Caville whatsoever, vpon knowledg thereof,
The Governour or his Deputie or in his absence the
Treasurer for the tyme beinge shall by a beadle give
warninge vnto suche persone, yf he bee in Towne foorth-
with to make satisfaction or payment to suche Brother or
else that at the next mealtyde the Brethern of the ffellow¬
shippe shalbe forbidden to deale with him in trade of
merchandise, till he have agreed with the partie grieved
or have given him satisfaction, and that the same appear
and bee knowen. And yf vpon suche warninge he refuse
to make satisfaction or payment as aforesaid The Gov¬
ernour or Deputie or in their absence the Treasurer shall
foorthwith at the next mealetyde, whether yt bee dinner
or supper give Commaundment over the tables generallye,
that no man of the ffellowshippe vpon pain of ffyve
poundes ster: doe directly or Indirectlye, buy, or sell,
barter shew or take view of anie wares or otherwise deale
with suche persone or anie for him willinglye, wittinglye
or to his knowledg, till he have made payment or satis-
ORDERS IN EEAT OF MERCHANDIZE. 99
faction as aforesaid, and that the same bee publickely
made knowen and signifyed over the tables, wherein
Ignorance pretended by beinge absent at the warninge or
Commaundment givinge, shall not bee accepted, And
suche brother beinge therevpon or afterwardes satisfyed,
shall foorthwith Intimate the same to the Governour or
his Deputie or in his absence the Treasurer, to the end
that yt may bee signifyed over the tables at the next
mealtyde, and that men again may bee at libertie to deale
with such merchant as aforetymes; The lyke order shalbe
observed for suche as havinge bought Clothe Kersye or
other Knglishe or foreign wares or Commodityes whatso¬
ever of a brother of this ffellowshippe, for dayes of pay¬
ment shall Refuse or not give his bill or obligation for the
same, made in dew fforme accordinge to Contract or ber¬
gain passed, before he departe out of the marte Towne,
And yf anie Merchant depart the marte Towne without
Consent of the merchant seller, before he haue given
Contentment for anie wares as abouesaid by him bought,
whether yt bee by bill or obligation or other Contentment
the Brethern of the ffellowshippe, vpon Complaint of the
partie grieved, shalbe foorthwith publickely warned by a
Beadle by order of the Governour or his Deputie or in his
absence by the Treasurer for the tyme beinge, not to
deale in ffeat or trade of merchandise, in anie sorte with
suche persone till he haue satisfyed and Contented the
partie grieued, vpon pain of twentie poundes sterlinge.
And yf anie persone of this ffellowshippe shalbe found to folio 73.
Complain without iust Cause, or havinge receiued his
Contentment after suche warninge shall not foorthwith
give knowledg thereof to the said Governour or his
Deputie or in his absence the Treasurer for the tyme
beinge, to the end that it may bee publickelye signi-
lOO THBÎ MERCHANTS ADVENTURERS OP ENGEAND.
fyed, he shall forfeict a fyne of tenn poundes sterlinge
twee third partes to the vse of the ffellowshippe the other
third parte to the presenter.
ORDERS IN TRADE.
The Cottons solde within the Towne of Bergen op
Zoom, shalbe there measured vpon pain of ffourtie shill-
inges sterlinge, to bee paid by the seller not causinge the
same to bee measvred as aforesaid, or sufferinge them to
bee measured elswhere.
No persone of this ffellowshippe shall buy anie Clothe
or other Bnglishe woollen Commoditye within the Towne
of Middelbroughe, and sell the same again in Antwerp,
vpon pain of fEourtie Shillinges sterlinge per Clothe and
vpon all other woollen Commodityes after the rate.
No Brother of this ffellowshippe whatsoever for himself
or for anie others directly or Indirectly, shall handle or
deale openlye or Covertly one this syde the Seas or in
England, with anie traders into Norenberch or other the
Townes or partes of Highe and of Eowe Dutchland,
whether such Traders bee brethern of the said ffellow¬
shippe or bee other subiectes of England, not ffree of the
said ffellowshippe. Neither in sellinge vnto them or anie
of them anie the Commodityes of England, nor in buy-
inge of them or anie of them anie foreign Commodityes or
wares vpon pain of fourtie shillings sterlinge, for euerie
Clothe and other Englishe woollen Commodityes after
the rate so sold, and twentie poundes sterlinge, vpon
euerie hundred woorth of foreign wares so bought,
handled or dealt in with the said Traders or anie of them.
Contrarié to the true meaninge hereof, to bee levyed
vpon the offenders or their goodes without favour or
pardone.
ORDEÍRS IN FEAT OF MERCHANDIZE. ICI
No Brother of this fFellowshippe shall lycence his ap-
prentyce to vse the Trade of a merchant Adventurer for
himself or to his owne vse, before suche apprentyce haue
served the ffull terme of seaven yeares by Indenture, &
have leave of the Court, so to doe vpon pain of ffourtie
poundes sterliuge. Provided that yt shalbe lawfull for
anie maister to vse & Kmploye his servants stock in feat
of merchandise for his said servants benefyte, & to licence
him to vse the Trade of the Staple or other straunge
trades, without Incurringe anie penaltie therefore.
TRADINGK WITH APPRENTYCES. folio 74.
None Apprentyce or sonne of anie man of this ffellow-
shippe, that might Clayme the ffreedome of this ffellow-
shippe by Patrimonio beinge an Apprentyce or Covenant
Servant, whether bound to serve for wages or without
shall at anie tyme duringe his apprenticeshippe or tyme
of Covenants by way of merchandisinge, buy sell occupie
or Trade for himself, nor for nor with anie other mans
apprentice or Covenant servant, nor ffor nor with anie
ffreem^n of this ffellowshippe, nor anie other persone
whomesoever without the privitie or Consent of his
maister agreable, with the orders of the ffellowshippe in
this behalf first had in writinge, vpon pain that suche
Appre^ntyce or Covenant servant shalbe ipso facto, ex¬
empted and depryved of all Claym of ffreedome and lib-
ertie in the said ffellowshippe. And yf anie ffree Brother
of this ffellowshippe beinge a Covenant Servant (whereby
he ys in state and qualidie of an apprentice) whether he
serve for wages or without, shall att anie tyme by way
of merchandisinge, buy or sell, occupie or trade, either
for himself or for or with anie other persone or persons
ffree or vnffree, without speciall* licence of his maister
7
102 THE MERCHANTS ADVENTURERS OE ENGLAND.
first had in wrytinge, he shalbe ipso facto Disfranchised
vtterlye dismissed and exempted of and from all the lib-
ertyes & fffeedome of this ffellowshippe. Moreover yf
anie apprentyce or the sonne of anie fifeeman of this ffel¬
lowshippe, beinge an apprentice or Couenant Servant for
tyme, or yf that anie ffree brother that ys a Couenant ser¬
vant, whether he serve for wages or without, or whether
he hathe orderlye licence of his maister to trade and
occupie for himself, or not, doe at anie tyme lend out his
maisters monie, or morgage, pawne sell or alienate his
maisters bills of debt, or his debtes or Actions, or take vp
anie monie by exchaunge or pay anie monie by ex-
chaunge, or accept or subscribe anie bill of exchaunge,
or anie bill of debt, for anie man then onlye for and to
the vse and behoof of his maister or otherwise shall be¬
come bound or suertie for anie man, except yt bee with
the speciall Consent and licence of his maister first had
in wrytinge, he shalbe ipso facto deprived exempted and
expelled, of and from all the liberties and fffeedome of
this ffellowshippe. And furthermore yf anie ffree Brother
of this ffellowshippe shall at anie time, have anie manner
of dealinge by way of merchandising^, with or for anie
apprentice, without the privitie and Consent of his maister
agreable with the Orders of the said ffellowshippe first
had in wrytinge, or shall enter partnershippe with anie
suche apprentice or shall have anie manner of dealinge
folio 75. by way of merchandisinge with or for anie Covenant ser¬
vant (vnless by some Clause in his Covenant he may
trade for or with other men besydes his maister to his
owne VvSe and thereto bee also qualifyed by the Orders of
the ffellowshippe, whether suche apprentice or Covenant
Servant doe serve for wages or without, or yf the said
ffree brother shall accept or subscribe anie bitt of ex-
ORDißRS IN FEAT OF MERCHANDIZE. I03
change or take vp anie monie by exchaunge, or pay anie
monie by exchaunge, for or to the vse of such apprentyce
or Covenant seruant, in qualitie as aforesaid, without the
privitie and Consent of his maister first had in wrytinge,
or shall receive, retayne buy or sell or cause to bee re-
ceiued retayned bought or sold, anie wares merchandise
goodes or things for or to the vse or behoof or by the
direction of suche apprentyce or Couenant Servant as
aforesaid, without the privitie and Consent of his maister
first had in wrytinge, or yf anie ffree brother of this ffel-
lowshippe doe cause anie apprentyce or Covenant Ser¬
vant in qualitye as aforesaid, by way of merchandisinge
to buy or sell anie manner of goodes wares or merchan¬
dise for suche fifee brother, or doe Cause him to subscribe
or accept his bill or to giue out anie bill to his vse or
become bonnd or suertie for hym or to lend sell chaunge
transporte, morgage pawne or alienate anie of his maisters
billes monie debtes goodes or merchandise, vnles yt bee
by and with the privitie Consent and licence of his mais¬
ter ffirst had in wrytinge, the said ffree brother so Knter-
inge into partnershippe or that shall have anie manner of
doinges or dealinges with or for anie suche apprentice or
Couenant Servaunt as aforesaid, shall forfeict a fyne of
one hundred pounds sterlinge for the first offence, to the
vse of the ffellowshippe without favour or pardone, and
offendinge the second tyme in the premisses or in anie
point thereof shalbe ipso facto disfranchised vtterlye ex¬
empted and dismissed of and ffrom all libertie and ffree-
dome of this ffellowshippe, Provided that by this Act the
libertie heretofore giuen to apprentyces for tradinge in the
Staple or into Spain, or other partes out of the lowe Coun¬
tries and Germanie or elswhere, where the ffellowshippe
ys not privileged with licence of their maisters, or ffor
I04 the) merchants adventurers OE ENGEAND.
tradinge with licence of the Court and their maisters
after he or they have served seaven yeares duely, shall
not bee abridged. Neither one the other syde ys yt
meant that hereby the former whereby men are restrayned
ffrom givinge leave to their apprentyces to trade for them-
selues and their owne use, before they have duelye served
seaven yeares, shalbe repealed. But the said order to
stand in as full fforce and Virtue as yf this Act or ordi-
folio 76. nance had never been made. And further yt ys Ordayned
that none apprentyce or Covenant servant shall presume
to doe or doe the busyness of anie other persone whome-
soever besydes his maisters and his partners Joint Com-
panie before his maister have by his letter sufiEiciently
Certifyed this Court and that yt bee enregistred that the
said maister hathe given leave to his said apprentyce or
Covenant Servant, to doe the busynes of the said persone
and nominate hym, vpon pain of disfranchisement for
suche apprentyce or Covenant servant, and of ffyftie
poundes sterlinge fyne for the maister for not Certifyinge
as aforesaid. Provided also that yf anie man shall Enter-
tayne a ffree brother of this ffellowshippe to bee his Cov¬
enant Servant and shall not thereof orderlye advertyse
this Court, before he employe his said Covenant Servant
one this syde the Seas, and that anie ffreeman of this
ffellowshippe shall for want of suche publicke advertise¬
ment Ignorantlye and vnwittinglye Committ anie thinge
in dealinge with the said Couenant servant Contrarie to
anie Clause or point in this Ordinance specefyed, he shall
not therefore Incurre the daunger of disfranchisement,
but bee Censured by the Court for his doeinges or fact as
they in reasone & equitie shall fynde to bee meet and ap-
perteyn. And yt ys ihnally Ordayned that the old Act
formerly made and appointed to bee read at the Admission
ORDERS IN PEAT GE MERCHANDIZE. 105
of men to their ffreedomes and at other tymes Covenient,
shall from the 2(f^ day of September next anno 1608 bee
repeled and held voyd and of none effect, and that then
this Present Ordinance shall Comme in place and bee of
validitie, and shalbe read at the Admissions of appren-
tyces, within termes one this syde the Seas, and at Gen¬
erali Courtes in England four tymes everie yeare at least
at the begyninge of the Martes or once a quarter vpon
pain of ffourtie shillinges sterlinge to bee by the Gover-
nour or his Deputie and by the Secretarie and either of
them, forfeicted to the vse of the poor, yf through their
negligence or forgettfullnes the said Ordinance shall not
bee read in manner as aboue said. Made at Middelbrough
the 19*" day of the monthe of May Anno 1608.
No Brother of this ffellowshippe shall fetche anie
wagon or wagons, or make anie Composition or Contract
with wagoners for the Caryage of his goodes, or take the
Wagone horses by the head, vpon pain of tenn shillinges
sterlinge.
ORDERS IN FEAT OF MERCHANDISE. folio
No persone at the Comminge or aryuall of the poste
from anye place shall enter into the Porters lodge, but
shall receiue his letters at the windowe without the lodge
vpon pain of 40*^ fdemishe toties quoties.
No persone of this ffellowshippe shall Carie throughe
the streetes anie strawe, mattes, ropes, Sarplers or suche
lyke baggage or anie goodes wares or merchandise, ex¬
cept he maye Conveighe the same closely vnder his arme
or in his sleeve, vpon pain of 40^ sterlinge for euerie tyme.
No persone of this ffellowshippe residinge in the marte
Towne or Townes, shall lodge, or keep his pack house in
anie Inne, Taverne, Victuaillinge house, or suche lyke
Io6 TH^ MERCHANTS ADVENTURERS OF ENGLAND.
place, vpon pain of ffyve poundes sterlinge for euerie
monthe that he shall hodge or haue this pack house.
No manner of persone Knglishe or straunger, vsinge
the ifeat of a Broaker vnder the ffellowshippe, shall or
may tell to hyre by direct or Indirect means, anie
Chamber, Backhouse or Warehouse to anie persone of the
said ffellowshippe, or other, neither shall he receiue to
table as guest or boord anie manner of persone whomeso-
ever otherwise then Gratis, without especiall licence of
the Governour or his Deputie and the Court first had,
vpon pain of dissmission for one whole year. In the which
tyme none shall speake ffor his readmission or tolleration,
vpon pain of tenn poundes Sterlinge, Yf yt bee an Assist¬
ent or Associate, and ffyve poundes sterlinge Yf yt bee
one of the Generalitie that shall speake one his behalf,
And for that yt ys not alone found preiudiciall that anie
Breakers of this ffellowshippe shonld either lodge table
or boord anie persone of the said ffellowshippe or other as
abouesaid. But withall that anie Brother should hyre or
take and house, and let out parte thereof again to Break¬
ers or to giue anie Broaker lodginge or habitation in his
said house or dwelling, as some haue donne and practysed
thereby Indirectlye Bndevouringe and goeing about to
frustrate and make void the aboue written order, Yt ys
therefore further Ordayned and Enacted that no Broaker
of the ffellowshippe shall lodge or haue his dwellinge or
habitation either ffreelye or for or without rent or Con¬
sideration therefore to bee giuen or paid, within anie
house or dwellinge taken or to bee taken by anie brother
of the ffellowshippe, vpon pain of suspensation fProm his
Vocation of ffree broaker for one whole year, And no
Brother of the ffellowshippe shall hyre or lett out for rent
or Consideration, or giue vnto anie free Broker house
ORDERS IN EE AT OE MERCHANDIZE. IO7
room lodginge or habitation in anie house or dwellinge
by him hyred, vpon the penaltie of fyve pounds ster: for
euery monthe that anie suche Broaker shall abyde lodge
or haue habitation in his house or in any parte thereof
directly or Indirectlye.
No Brother or this ifellowshippe shall take or hyre out
of the handes of anie other brother his Chamber, Pack
house or Warehouse so longe as he will keep the same or
hathe not given yt oner vpon pain of twentie poundes
sterlinge, and yet not to enioye anie suche Chamber,
Pack house or Warehouse, neither shall anie man take
or hyre anie more pack houses, warehouses or shew
houses, then he presentlye shall himself occupie or need,
and so lett them out to others at higher pryces then he
hyred them for, vpon pain of tenu poundes sterlinge.
No persone of this ffellowshippe shall departe the marte
Townes without payinge his duties, to the Tolleners Con¬
voy maisters, meaters ployers, or suche lyke, vpon pain
of payinge doble to him that will laye out the monie and
pay suche duties for the said persons.
No man buyinge wares in the marte Townes or in these
partes to bee sent into Kngland, shall vtter or sell or
Cause the same to bee vttered or solde (Victuaill or
Munition of Warre excepted,) but where the Buyer or
proper owner of the said Wares ys dwellinge or resident,
or in the porte or place where they shall aryue from these
partes in Kngland, without sendinge or Convoyinge of
them or anie parte of them to anie other place to bee
solde or vttered, vpon pain of tenu pounds sterlinge.
No person of this ffellowshippe shall buy anie Gantish
Kinnen Clothe, except the same haue lyen open and vn-
packed the space of one monthe and a daye before, vpon
pain of ffourtie shillinges sterlinge. Neither shall buy or
Io8 "run MERCHANTS ADVENTURERS OF ENGEAND.
Cause to bee bought anie Gantishe or other Irinnen
Clothe made in fflanders, without the same bee folded
and ployed hälfe a fflemishe ell in lengthe or thereaboutes,
beinge also vnbennden, vpon pain to forfeict for euerie,
Maund, Pack, or other lyke thinge so bought, tenu
poundes sterlinge.
No Brother of this ffellowshippe by himself or other
directly or Indirectley, shall buy or Cause to bee bought
anie kynde of silke wares accustomed to bee measured by
what name soever the same may bee Called, or Clothe of
Golde or Silver with anie kynde of measure but as
fifolloweth To wytt whoesoever shall buy anie Velvitts,
shall reduce the palmes of euerie peece of Velvitt sever¬
ally into flemishe ells, by addinge four palmes and no
more to euerie hundred palmes, and so Consequently to
lesse number of palmes after the same rate, and then
devide the same by three as hathe been accustomed. And
shall reserve the Choice vnto himself either to accept of
folio 79. suche measure as aforesaid without other measuringe or
to haue the same measured by the Bridges ell, as the
manner and Custome ys in the Cittye of Antwerpe to
measure, Bologna Silkes, florence, and all manner of
other lyke silke wares. And yf anie man shall offend Con¬
trarie to the true meaninge hereof he shall forfeict fíyve
poundes sterlinge, vpon each peece of silke by him
bought, and otherwise measured or receiued, to the vse
of the ffellowshippe without favour or pardone.
Kuerye Brother of this ffellowshippe buyinge anie
wyne, Oyl, Soap, or such lyke wares, at Bergen op Zoom
shall alwayes reserue and Condition in the bergain mak-
inge, that the seller shall pay the accyse dew for the
same, vpon pain to forfeict the valew of the goodes.
Kuerie persone buyinge woad shall diduct for Tare of
orde;rs in reîat or mrrchandizb. 109
a bale six poundes, and of a Ballett four poundes vpon
pain of 5® sterlinge vpon euerie bale or Ballett, ffor which
he shall deduct lesse Tarre.
No persone of this ffellowshippe shall send anie wares
or merchandise to fayres or marketts in England, agré¬
able with an Act made in Snixon marte 1500 and Con¬
firmed by the Kynges Maiestie, vpon pain of ffourtie
poundes sterlinge.
No Brother of this ffellowshippe shall by himself or
others to his knowledge falsefye or fraudvlentlye, mingle,
handle, vse or pack pepper, hoppes or anie wares or Com-
moditye whatsoever, Neither shall buy anie suche ware
or Commoditye which he knoweth before hand to bee
falsefyed, fraudulently vsed, mingled, handled, or packed,
vpon pain of ffourtie poundes sterlinge.
No persone of this ffellowshippe shall pay or allowe for
anie monie by exchaunge taken or deliuered within the
Cittye of Eondone, vnder Colour or pretext of reward,
Courtosie or other Consideration, aboue 2' vpon the
hundred poundes, and so after the rate for lesse sommes
or bigger, vpon pain of ffourtie shillinges sterlinge.
No Brother of this ffellowshippe shall pay or receiue
anie monie dew by exchaunge either for himself or anie
other in anie other place, but whereas the bill of ex¬
chaunge maketh mention. And no man takinge or de-
liveringe monie by exchaunge within the Realm of Eng¬
land, for the Eowe Countries, Germanie or these partes
neere adioyninge, shall make or Cause to bee made his
billes payable in anie other place or Towne then where
the ffellowshippe holdeth marte or Residence, vpon pain
of fyve poundes ster: vpon euerie hundred poundes.
No persone of this ffellowshippe shall sett one worke folio
anie Heater or employe anie other in that feat or facultie,
no THE MERCHANTS ADVENTURERS OE ENGLAND.
except he bee orderlye admitted and established therein
vpon pain of fíyve poundes sterlinge to bee forfeicted to
the vse of the fFellowshippe, as often as he shall offend
against this Order, Neither shall anie man sett one worke
anie ployer or Ployers of Irinnen Clothe or Canvas
bleached or vnbleached, but onlye suche as are Admitted
by the ffellowshippe vpon pain of fourtie shillinges ster¬
linge, And no man shall cause or suffer anie Irinnen
Clothe whatsoever or Canvas, which he hathe bought to
bee measured folded or ployed in the house, lodginge or
pack house of the seller, vpon pain of ffburtie shillinges
sterlinge.
No ffardells packes, fattes buttes, ehestes, maundes,
pypes, or anie other lyke luggage or goodes, shalbe
brought into the Hnglishe house by anie man of the
ffellowshippe beinge none Officer of the same vpon pain
of fourtie shillinges sterlinge.
No persone vsinge the ffeat of trade of merchandise into
these partes beyond the Seas where the ffellowshippe ys
Privileged, shall by himself or by anie other persone or
persons for him, or to his vse Indrape, worke or make or
Cause to bee Indraped wrought or made anie Clothe,
Kersye, Worsted or anie other woollen Commoditye, nor
shall parte deale or make Companie by anie manner of
means with anie suche persone or persons as shall Ku-
drape worke or make of woollen Commoditye or that
keepeth anie open shewhouse shop or retayle others, then
ys lawfull by the orders of the ffellowshippe, vpon pain
of three skore poundes sterlinge.
No Retayler shall parte or deale with an occupyer in
Grosse nor no dealer in Grosse with a retayler, vpon payn
of three skore poundes sterlinge.
No Brother of this ffellowshippe or other for hym or to
ORDERS IN PïîAT OR MRRCHANDIZB. Ill
his vse shall Cutt out Sell or retayle anie Englishe
Clothe Kersye or other woollen Commoditye by the ell or
hälfe Clothe half or kersye etc. or suche lyke or lesse
quantitye in the Towne of Middelbroughe or elswhere one
this syde the Seas, vpon pain of three skore poundes
sterlinge. And nevertheles to bee obnoxious to the
mulctes and penalties of the Eawes of the Towne or place
where suche Cuttinge out retaylinge or Sale shall happen.
Yf by the Retay linge drapers of the said Towne and
specially of the Towne of Middelbroughe aforesaid, he
shalbe sued or troubled for doinge Contrarie to the Privi¬
leges of the said retaylinge drapers or shopkeepers, ex¬
cept in Case in the order Concerninge retaylinge per¬
mitted.
No persone of this ffellowshippe dwellinge within the folio
Cittye of Tondone, and vsing or exercysinge by himself
or by or with anie other in Companie the ffeat and Trade
of a Merchant Adventurer into the To we Countries or
Germanie, or other Privileged place one this syde the
Seas, shall by anie means Sell or Cause to bee sold for
him by retayle or Cuttinge out anie Kynde of merchan¬
dise, nor shall keepe open shoppe or shewhouse, vpon
pain of three skore poundes sterlinge. And ffor better ex¬
planation of this order all sale, in or by the lesse quantitie
then hereafter ys sett downe, ys vnderstood to bee retayl¬
inge or Cuttinge out viz:
Mercerie and all other silke wares by the peece.
Draper and damaske by the peece.
Gantishe Clothe by six peeces at least.
Holland Oversysell and suche lyke Tinnen Clothe by
the peece.
Normandie Canvas whited and vnwhited by the peece.
Camerick or lawne by the hälfe peece.
112 MERCHANTS ADVKNTURERS OP PNGI<AND.
Workinge or Coshion Canvas by the peece.
Canvas broad or Narrow by the hundred aulnes or elles.
Napkin Canvas by the peece or dosen.
ffustians, milamis, Jene, and bombasine by the tenu
peeces.
ffustians of other Sortes by the Bale.
Buckrams of Bridges by the half Chest.
Buckrams of other makinges by the doosen or half
doosen.
Sack Clothe by the three peeces.
ffustians Naples by the six peeces.
Chamletts by the tenn peeces.
Sayes, Moccadoes and others of lyke bredth by the tenn
peeces.
Stitchinge and sowinge silke by the twoe poundes at
least.
Silke lace and all kynde of silke Ryband by the tenn
doosen.
Gold and silver thred by the pound.
Frisado by the Case at least.
Peper by the hundred poundes.
Suger, Almondes, Ryce lycorys by the hundred.
Annysseed, Comminseed, Brasile graynes, gawles,
Bayes by the hundred.
Corents Prunes Dates by the twoe hundred.
Synemon and all fyne specerie by the 241b at least.
Ginn and Coperos by the twoe hundred.
All other drogerye and Grocerye as they are bought
here.
Onionseed by the hundred,
folio 82. Gyle Civile by the pype.
Rape Gyle and honye by the barrell.
Pytche Tarre and Sope ashes by the half last.
ORDERS IN FEAT OF MERCHANDIZE. II3
Madder by the Bale.
"Wood by the Bale.
Soape by the barrell.
Spanishe Soap by the fflaskett.
Flaxe and Hemp by the Hundred.
Alam by the Bagge.
Waxe, Rosen, Cottone Woole by the hundred.
Hoppes by the sacke or pockett.
Brown paper by the twentie Bundells.
White paper by the twelve Realmes.
Fethers by the Bagge.
Bottles by the doosen.
Nitral by the two hundred.
Glasses by the Case or Chest.
Woollen Commodity es of all Sortes by the peece.
Pinnes by the twelve doosen.
Wool Cardes by the tenu doosen.
Playinge Cardes by the twelve doosen.
Parrys thred by the ffytie boites at least.
Pack thrid by the hundred doosen.
Knyves by the six doosen.
Boulter Clothe by the Bale or twelve peeces.
All other small wares by the Grosse.
Buffe Hydes by the peece.
Spanishe Roamishe, Flaunders, Skinnes by the half
doosen.
Baste or Strawe Hattes by the Maund.
Brushes of Heath and Hayre by the Grosse.
Blades by the thousand.
Needles by the doosen thousand.
Inckle by the doosen peeces.
Peecinge thred by the doosen pound.
Barres of Irron ffor Windowes by the Hundred.
114 'i'he; meírchants advrnturbrs of fngi^and.
All other Iron by the Tonne.
Dryppinge and fryinge pans & all other Iron Worke
by the hundred.
Wyre by the twoe ringes of three hundred poundes.
folio 83. Batterye by the hundred.
Tockes and Hindges and suche lyke by the doosen or
as they are bought here.
Tapistrye ffrom aboue 2® 8^ th' elles & vpwards by the
peece.
Tapistrye ffrom 2" to 12^ the ell of all sortes not lesse
then 25 doosen.
Carpettes Tinsye and suche lyke by the six doosen.
Turnhout Tykes by the Maund.
Brussells and Counterfeyt Tykes by the tenn peeces.
Cushion Clothes fyne by the three doosen.
Cushion Clothes Course by the six doosen.
Verdure and Middlebankes by the twelve peeces.
Budge Black by the doosen.
ffrenche dornicx by the peece.
Castridge Wool by the sack or half sack.
Quiltes by the doosen or half doosen.
Yt shalbe lawfull for anie persone of this ffellowshippe
not dwellinge within the Cittye of Tondone, to sell anie
his ware or merchandise at the porte where he shall aryve
or within his owne house as well to Inhabitants of the
place where he dwelleth as to others or to keep open shop
or shewhouse, so that he haunt not nor ffollowe ffayres,
or retayle not by lesse measure then yard or ell, nor by
lesse waight then a pound, Tykewise yt shalbe lawffull to
sell by retayle & in Grosse in open shop or shewhouse or
otherwise elswhere within the Realm of England, All
manner of Victuaill luelles of Golde, or silver, precious
stoones, or pearle, brought or Transported out of anie for-
ORDERS IN FKAT OF MFRCHANDIZB. II5
eign Countrie, and also in Grosse to sell all manner of
Commoditye growinge or wrought within the Kynges
Dominions, Dykewyse yt shalbe lawfull for anie brother
of this ffellowshippe dwellinge in Londone to sell by re-
tayle or otherwise so as he keep no open shoppe anie
kynde of Munition of Warre to anie persone whatsoever,
And also to sell by the best means he can anie goodes or
merchandise which beinge Spoyled or Kmpared by anie
mischaunce at Sea, or otherwise are not vendible to the
Retaylers at the same Cittye without all fraude or Couen,
And also to Cutt out by the yards and otherwise to serve
himself and his ffreendes and acquaintance one or two
peeces of kersyes, or a Clothe or twoe, which he shall
within one year dye for himself, or his store, and also
suche Remnant of dyaper damaske or other stuife (so yt
bee not silke) within one year after he shall have Cut out
for his owne vse wearinge or occupyinge somme parte
thereof. Further yt shalbe lawfull ffor suche Brethern of folio 84.
the ffellowshippe as have trade into and out of ffraunce,
or anie the dominions thereof, to sell suche Canvas or
Finnen Clothe as they bringe from thence in suche Cittyes
Townes and other places as they haue accustomed in
wholesale. Also yt shalbe lawfull to buy for anie of the
Fordes and others of the Counseill or to sell in Fngland
to anie of them, anie manner of Commoditye whatsoever
or howsoever, and moreover to buy for anie ffreend anie
provision of howshold or other thinge, not exceeding
therein the value of tenu poundes sterlinge, in a Marte,
And yf anie Brother of this ffellowshippe shall by anie
means worke, devise or procure the breakinge or makinge
voyd of this Order or anie parte thereof, he shall forfeict
ffourtie poundes sterlinge.
Yf anie persone of this ffellowshippe being a retayler or
Il6 THE MERCHANTS ADVENTURERS OE ENGEAND.
shopkeeper within the Cittye of I^ondone or elswhere, in
other sorte then ys prescribed by the abone written order,
shall Intend to leave of his retaylynge and becomme a
merchant in Grosse, he shall one whole year before he
attempt to doe anie ffeat of merchandise in these partes,
signifye or declare by woord or wrytinge in open Court
one this syde the Seas, suche his intent vpon pain of
three shore poundes sterling. And so leaviuge to retayle
keep shop, shall not return vnto the same again in ffyve
years after ffollowinge, vpon pain lykewise of three shore
poundes sterlinge.
Yf anie brother of this ffellowshippe shall by uniust or
fraudulent dealinge, or by discontinuinge of his Trade or
Comminge over one this syde the Seas, as accustomed
deferre or protract the payment of his debt, abone the
space or tyme of six monthes, havinge no sufficient or
reasonable Cause to alledge for the Justifyinge of suche
his doeinge, suche persone shall not in anie wyse bee
Chosen Assistent or Associate, but shalbe holden and
Esteemed as in State of Bankrupt one that behalf. And
yf anie man vsinge or exercysinge the ffeat of merchan¬
dise or seekinge his lyvinge by Trade of buyinge or sell-
inge, shall forsake the place of his aboad or dwellinge for
debt and without payinge his Creditors, or shall embesell
or Conveighe away privilye his goodes, to the defraud-
inge of those to whome he ys iustley Indebted, or aband¬
oning his house or goodes, flyeth or take the sainctuarie
or keepeth himself hyd or Close within his house or with¬
out in somme other place. Or yf anie persone shall volun-
folio 85. tarilye suffer himself to bee arrested or outlawed or shall
Bank- vvillinglye yield himself to prisone for dutie or debt grow-
ruptes. wares solde or monie delivered, or other iust or
lawfull Causes, he shalbe reputed deemed and taken for
ORDERS IN FEAT GE MERCHANDIZE. II7
a Bankrupt, And yf anie persone of this ffellowshippe
shall becomme bankrupt or Insolvent in manner as afore¬
said, and that within one year after the same ys openlye
knowen he doe not plainly and sufficiently declare and
prooue before a Court of Assistents, or to suche as shalbe
appointed by the said Court to take knowledg of his Case,
that suche his Bankruptinge and Insolvencie proceedeth
of pure necessitie or of suche accydents or occasions as no
merchant or trader can well eschew, he shalbe from
thencefoorth dismissed of and from the libert3^es of this
ffellowshippe. Never to Knioye or recover the same
again. Neither shall anie sonne or servant of his borne or
bound after that tyme receiue anie ffreedome of the said
ffellowshippe by his Tittle, but performinge the aboue
written order and bringinge a true accompt vpon oathe in
dew tyme or Shewinge by other good proofe to the Con¬
tentment of the Court that his faylinge proceeded not of
fraude or sett purpose but of meere necessity etc, as afore¬
said, he shalbe Continued in his former ffreedome, sane
that he shall never bee taken or Chosen to bee Assistent
or Associate in the ffellowshippe. And further yf anie
man shall not pay or satisfye his Creditor or Creditors for
suche monie as he shall take vp by exchaunge, within six
weekes after the day that yt falleth dew, (except there
bee reasonable Cause therefore and so bee found by the
Court) he shalbe forever disfranchised of and from the
liberties of this ffellowshippe and never bee admitted to
the same again as a Bankrupt, Tykewise yf anie persone
which may Claym or ys Intituled to the ffreedome of this
ffellowshippe by Patrimonie or otherwise vsinge trade of
merchandise or retaylinge iu England or elswhere shall
becomme bankrupt or Insolvent before he make Claym or
bee admitted to the same ffreedome he shalbe holden to
8
Il8 THE MERCHANTS ADVENTURERS OF ENGLAND.
present an Accompt and give satisfaction to the Court,
ffor suche his Insolvencie or Bankruptinge, within the
tyme of twelve monthes after the same, in default whereof
he shall never bee admitted into the ffreedome of this
ffellowshippe, but for ever bee debarred, ffrom the
libertyes thereof, his Clayme or Tittle, notwithstandinge,
Lastlye yf anie man Clayminge the ffreedome of this
ffellowshippe whether the same bee by Patrimonie or by
service before suche his Claym, shalbe found a Coosenei
or felon and of suche lyke heynous Crymes Convict, he
shall not in anie wise bee receiued into the ffreedome or
libertyes of the said ffellowshippe. And yf yt fall out
(which God forbidd) that anie havinge taken oath to this
ffellowshippe shall after his admission bee found to bee
anie Coosener or ffelon and thereof or of suche lyke
folio 86. heynous Crymes, Convict as aforesaid suche persone shall
Tare.^ ipso facto bee Clean debarred cast out and Cut of fffom
that his said Required ffreedome, and never after bee
Readmitted, And everie Snixon marte there shalbe four
persons Chosen & deputed by the Assistents to enquyre
who haue been Bankruptes or Insolvents or have behaued
themselves Contrarie to the order abouewritten or anie
parte or branche thereof the year goinge before, and a
table of their names shalbe h unge vp in the Secretaries
Office or Court house to the end that they may bee pub-
lickly knowen.
No persone of this ffellowshippe' shall doe good anie
Certificate or Shortnes in Clothe measured at Cullen or
elswhere by the yard as of late hathe been practysed,
vpon pain of ffyve poundes sterlinge and the Secretarie
^The orders concerning the " tare " begin with the second half
of the folio.
ORDEÍRS IN RE;AT OF MRRCHANDIZE. II9
shall not make him attestation of the said abatement
vpon the same penaltie.
From the first day of Maye anno i6o^ yt shall not bee
lawfull for anie of the ffellowshippe to sell or Barter anie
Clothe vpon anie other (but better Conditions in Con¬
struction of the Court) then these herevnder sett downe,
and agreed vpon the twentith of February in the aboue-
said year, between the merchantes or Traders in Englishe
Clothe dwellinge in the Vnited Provinces one the one
partie, and those of this ffellowshippe one the other partie,
approved and allowed by the Fordes, States Generali of
the said Provinces by an Act of theirs bearinge date the
16*^ day of the said monthe of February, vpon the penaltie
of ffourtie shlllinges sterlinges per Clothe for each Clothe
sold or bartered otherwise to the vse of the ffellowshippe
without favour or pàrdone. All Clothes wherein anie
faultes are or may bee found shalbe visited and tared in
the place of the first sale thereof either by good men
Chosen by the parties buyer and seller, or by sworn Visi¬
ters alredie Ordayned or to bee ordayned by the magis¬
trate Indifferently, either before the Clothes bee Caryed
from thence or after at the Choyce of the buyer. Pro¬
vided that all shortness and narrownesse the same ap-
pearinge by orderlye Certificate of sworn men or meaters
of the Townes where the buyers are dwellinge Conform¬
able to the old manner of meatinge, with a right or yust
Brabantes ell, and none other shalbe donne good without
anie difiicultie or question. The said sworn men or meat¬
ers for the preventinge of all fraude shalbe bound to
measure all Clothe pretended to bee short or narrow, the
same beinge first made wett in suche manners as by
mutuall agreement shalbe found to bee most meet and
Convenient, Yt ys also vnderstood that no Clothe hold-
I20 THE MERCHANTS ADVENTURERS OP ENGLAND.
inge wett two Brabantes ells bredth, sbalbe accompted
folio 87, narrow, neither shall their bee anie abatement made to
the seller for a quarter of a Brabantes ell shortnes in anie
Clothe. The Charges of the Clothes returned shalbe
borne by the sellers, but the Adventure by the buyers,
And to avoyd all needles sendinge back, and adventure
yf so bee that anie faultes of linnen or Cotton threddes
appear in the dyinge or that anie faultes bee pronounced
doubtfull after visitation in the place of the first sale, the
finall visitation and estimation of the said faultes shalbe
made in the Townes where the buyers dwell, Conditionn-
allye that the sellers shalbe advertised thereof, that so
they may either take back their Clothes or doe good the
Tare.
And the Seller shall alwayes haue his Choice after that
Tare ys made either to take back his Clothe or to doe
good the Tare yf the Tare amount vnto three powndes
flemishe or abone. The tyme of eleven monthes after the
sale of anie Clothe being expired no man shall pretend to
haue anie Tare, or gett anie amendes for anie faultes
whatsoever.
For as muche as this fiellowshippe of merchantes Ad¬
venturers throughe the large Privileges vnto them
graunted by this Towne of Embden are ffree here of all
Tolles or Customes, as well in bringinge in as in Cary-
inge out of their goodes and merchandises yet notwith-
standinge throughe the late sinister pract3''se of some
merchantes straungers & especially Netherlanders (for
their own Inkers sake) have offred vnto Certaine Brethern
of the said ffellowshippe to sell them wares here, but to
make deliverie thereof at Breame and other places out of
this Towne yea also at the verie gates of Bome without
the Towne, And so to bee hether brought and Conveighed
ORDERS IN FRAT OP MRRCHANDIZR. 121
in vpon suche Bretherns adventure and Charge, not onlye
to the defraudinge of the dew Tolles, which for suche
wares by the said Straungers ought here to bee paid. And
thereby bringe the said ffellowshippe in great Contempte,
but also to hazard the losse of the said Privileges or at
least to bee abridged. And so muche the narrowlier
looked viito and Exacted vpon like as at Antwerp Ham-
broughe (throughe such Indirect dealinges) hathe been
to muche apparant. And vpon suspition alredie here
partly begönne, yf in dew tyme the same & lyke prac-
tyses bee not by strictnes of order provided for and pre¬
vented, Where vpon at a Generali Assembly holden in
Embden the 19*'' of June anno 1579 after all which well
wayed. Considered & throughlie debated vpon, yt ys of
the Generallitye in the said Assemblie by Erection of
handes Ordayned and Enacted, That no brother of this
ffellowshippe shall from and after this Assemblye by him¬
self or anie other for him in his name, to his vse or by
his Consent & procurement directly or indirectlye in
manner as aforesaid so deale in buyinge and sellinge
within or without this Towne of Embden anie wares or
merchandise whatsoever as the Towles for the same shalbe
Coloured and not here by the merchaunt straunger aun-
sweared and payed vpon pain that euerie suche brother
so Colourablye vsinge dealinge or doeinge Contrarie to
the true meaninge of this Act vshall forfeict and pay
twentie powndes vpon euery hundred powndes of all folio 88.
suche wares and merchandises whatsoever so brought in
or Caryed out, to be exerted vpon the offenders without
favour or pardone. Provided alwaies that all suche Breth-
ern which shalbe found offenders in the premisses before
the makinge of this Act to Incurre suche penalties as
hathe been heretofore in lyke Case made & agreed vpon
122 THE MERCHANTS ADVENTURERS OE ENGEAND.
Provided further that this Acte nor anie Article or Clause
therein Conteyned shall extend to the dirogatinge or
frustratinge of the Act made at lyondone the of May
last & Confirmed at Antwerp restrayninge, buyinge &
sellinge out of The Marte Towne.
ORDERS CONCERNING THE BRETHEN OF NEWCASTLE.
None of the Brethern of this ffellowshippe dwellinge at
Newcastle vpon Tyne bringinge into these partes where
the said ffellowshippe ys Privileged woole Commonly
Called black woole, shall sell or vtter the same vnder
eleven marke s the sack Neither white woole vnder eigh¬
teen markes the sack, vpon pain of tenn poundes sterl-
inge Toties Quoties.
None of the said Brethern shall sett one worke for buy¬
inge or sellinge or doeinge anie ffeat of merchandise anie
persone not ffree of the ffellowshippe, vpon pain to forfeict
vpon euerie sack of woole ten pounds and upon euerie
hundred ffelles ffourtie sbillinges sterlinge, and vpon
other Commodityes accordinge to the ffynes provided in
lyke Case by the Ordinance of the said ffellowshippe.
None of the said Brethern shall give to anie persone or
persones anie ffleece or ffleeces of woolle, vpon pain of
twentie shillinges sterlinge Neither shall they or anie of
them allowe for Tare of a Sack of woolle aboue four
stoane, upon pain of twentie shillinges ster: for euerie
sack, neither give or promise anie other gift or Consider¬
ation one that behalf vpon the same penal tie.
None of the said Brethern vpon bergain of Wooll shall
giue or promise anie Bankett, present or gyft, vpon pain
of ffyve powndes sterlinge Toties Quoties, Neither shall
anie of them give for Brokerage of Woolles aboue 2' 6**
vpon a sack or peke, vpon pain of ffourtie shillinges
ORDKRS FOR THE BRETHREN OF NEWCASTLE. 123
None of the said ffellowshippe shall sett one worke anie
other Broker, then suche as ys admitted and sworn by
the ffellowshippe, Neither shall play Brokerage to anie
suche vpon pain of the penalties heretofore Provided by
the Orders.
The Brethern of Newcastle shall not shippe or Cause folio
to bee shipped woolle feiles or other their Commodityes
to anie other place within the Towe Countries or Ger¬
manie but to the marte Towne or Townes only, and there
only vent sell and vtter the same, vpon the penalties pro¬
vided by the orders against Traders out of that Marte
Towne, except ffor good Consideration the Court shall
dispence with this order & give them licence to shippe
vnto somme other Towne or place ffor vent of their feiles,
Tead, Coales, and stones onlye, and no other Commoditye
of Kngland, in sale whereof they shall continually ffollow
the Orders one that behalf made and provided.
The said Brethern shall not vse or exercyse feat of
merchandise elswhere but in and not foorth of the Marte
Towne or Townes, lyke as other Brethern of the ffellow¬
shippe are bound to doe by the Ordinances, vpon the
penalties therefore provided, except they bee permitted
by Court to buy out of the said Marte Townes where they
best may provide the same Sope, Hoppes, and Madder as
of late hathe been tolerated, or to shippe for somme other
place as aforesaid.
None of the Brethern of Newcastle shall take anie
more apprentyces to bee fffee of this ffellowshippe then
ys permitted to other brethern elswhere vpon the penal¬
ties therefore ordayned, Neither shall anie apprentyce to
bee bound for lesse tyme then tenn yeares service by In¬
denture orderly made except suche apprentyce may other¬
wise bee fffee of the ffellowshippe by Patrimonie, vpon
pain of twentie poundes sterlinge.
124 'The merchants adventurers of ENGEAND.
The Brethern of Newcastle shall Cause their Appren-
tyces to bee orderlye Knrowled, and suche Enrollment to
bee Endorsed with the daye monthe & year of the date
thereof vpon the Indenture, vpon pain of fourtie shillinges
And yf anie apprentyce shalbe Enrowled at Newcastle
the Governour there shall keep Register thereof and
yearly send over note of those which shalbe there so En¬
rowled.
The Brethern of Newcastle shall yearly in the Pasche
Marte pay or Cause to bee payd vnto one of the Treas¬
urers of the ffellowshippe or other lyke officer appointed
by Court one this syde the Seas, the somme of eight
powndes sterlinge by waye of Impositions in the name
and for the dew of all those of the ffellowshippe Resid-
inge and dwellinge in the said Towne, vpon pain of the
doble omittinge or Neglectinge the same.
folio 90. ORDERS IN FEAT OF MERCHANDISE: DAVES OF
PAYMENT,
Till this Court shall take other order one this behalf,
yt ys by Authoritye of this ffellowshippe Ordayned and
Enacted that yt shall not bee lawfull for anie persone of
the said ffellowshippe for or by himself or for or by anie
other whomesoever at anie tyme or tymes in bergain sale
barteringe distraction or Creditinge out of anie Clothe,
Kersye, or other Englishe woollen Commoditye, to give
anie longer daye of payment for or vpon the said Com¬
moditye then onlye six Monthes and no more, either
right out or for twoe or more termes of payment at his
pleasure. Not exceedinge the said six monthes day of
payment directly or Indirectlye by way of abatinge With
the buyer of the said Commoditye for redie money or
vnder anie Colour pretext or means, or for anie Consider-
ORDERS IN FEAT OF MERCHANDIZE.
125
ations Contraríe to the true meaninge of this Ordinance,
nor allowinge nor givinge in aboue one monthes tyme,
nor aboue nyne per Cent for Intrest in rebatinge for the
said monie with the said buyer, And to the end that this
Ordinance may duely and strictly be observed and Con"
sequently doe that good which y s expected thereby, Yt
ys further Ordayned and Knacted, that euerie persone oí
this ffellowshippe either absolutely ffree or admitted
within termes as also suche as are vnder others which
presently are here Resident or abydinge, or that hereafter
shall repair hether to Trade abyde or bee Resident, shalbe
bound to the observation of the said Ordinance vpon an
oathe therefore devised or to bee devised to bee taken, b}'-
all those here presently Resident or abydinge, between
this present daye and a thursday at night next, and by
all those that shall hereafter repair or comme hether to
trade abydinge and bee Resident here, within four and
twentie honres after he or they shalbe warned by one of
the Beadles to take his or their oathe Concerninge the
observation of the abouesaid Ordinance before the
Deputie, Treasurer, and Secretarie or before anie twoe of
them & twoe of the Assistentes, vpon the forfeicture of
fíyftie poundes ster: to the vse of the ffellowshippe with¬
out favour or pardone, and Nevertheles to bee Compelled
by the Deputie and Assistentes to obey this Ordinance
and to take his oathe as appertayneth.
No persone ffree of this ffellowshippe nor anie other for
him shall shippe or Transporte or Cause to be shipped or
transported anie Clothe or other Englishe woollen Com-
moditye, either from Tondone or from anie other porte or
place of the Realm of England, or from the Towne of
Middelbrough directly or Indirectly, to Stade, Hamborow,
or to anie other Towne or place Scituate within or near
126 THE MERCHANTS ADVENTURERS OE ENGEAND.
the River of Elb, vntill suche tyme as by the Court either
here or at Londone a shippinge shalbe agreed vpon and
folio 91. appointed, vpon the penaltie of ffourtie shillinges ster:
per Clothe, for eache Clothe that shalbe Caryed or trans¬
ported Contrarie to the true meaninge of this Ordinance
directly or Indirectly, to bee levyed vpon the persons and
goodes of the Offenders without all favour or pardone, a
third parte to the presenter.
ORDERS IN FEAT OF MERCHANDISE; PAWNINGE OF
BILDES.
No persone of this ffellowshippe of what degree or
qualitie soever, fírom the day of the makinge of this pres¬
ent Ordinance, shall take vp or prolonge anie monie at
Intrest or in deposito, of or with anie straunger whatso¬
ever in these partes of beyond the Seas, where the
ffellowshippe now ys or hereafter shalbe Privileged, and
besydes his own bill or obligation for the repayment of
the said monie, shall giue deliuer or lay in pawn or
pledge or Cause to bee given, deliuered, layd in pawn, or
pledge, the bill or obligation or the billes or obligations
of anie Clothe buyer, or of anie other merchaunt straunger
his debtor, or the debtor of his maister or of anie other
that Employeth him, or anie Clothe Kersye or other
Commoditye or ware whatsoever either Englishe or for¬
eign, for the assurance of the Repayment of the said
monie at the daye or dayes appointed, Contrarie to the
true meaninge of this present ordinance, directly or In¬
directly vpon the penaltie that yf he bee a ffreeman that
shall offend or Transgresse against this Ordinance, and
bee duely Convicted thereof, he shalbe suspended from
all trade and ffreedome in this ffellowshippe or enioyinge
anie benefyte or libertye in the same, the ffull Space of
ORDERS IN FEAT OF MERCHANDIZE. 127
three yeares next after suche offence Committed and Con¬
victed. And yf he bee a Servant or apprentyce or a factor
in qualitie of a Servant or apprentyce, he shalbe vtterly
disfranchised and Cut of from all ffreedome in the said
ffellowshippe for ever, except he shall shew and make
due proofe to the Court that the bill or billes, or Clothes
or other ware or Commoditye Pawned, pledged or de-
liuered, ffor Assurance to anie straunger or straungers as
aforesaid, Contrarie to this Ordinance were pawned
pledged or delivered by the expresse order in wrytinge or
by Command or order by woord of mouthe of his maister
or other that employeth him, In which Case the said
maister or other that Employeth the said Servant Appren¬
tice or factor, and Commandeth or giveth him order to
the willfull breach or Violation of this Ordinance, shalbe
suspended from his ffreedome for the term of three yeares
as aforesaid, and the servant apprentyce or factor in
qualitie of a servant or Apprentice shalbe dealt withall,
as the Court in their discretion shall finde meet and Con¬
venient one this behalf. Enacted at Middelbroughe The
29*^ of Marche anno 1611.
Yf anie persone of this ffellowshippe shall hereafter sell folio 92.
anie Clother or Englishe Commoditie either for dayes of
payment or for other Contentment to anie persone or his
factor whatsoever, he shall before or at the deliuerie of
the said Clothe or other Englishe commoditie, or at or
before the departure out of the Marte Towne of the said
persone or his factor, be bound to demaund and receiue
his Contentment, either by bill of debt in dew forme
made, or by redie monie, or by assignation vnder the
hand-writtinge of the buyer or his factor, for him, upon
the penaltie of 20" sterlinge, except presently after the
departure of suche merchant or his factor without givinge
128 THE MERCHANTS ADVENTURERS OF ENGEAND.
Contentment, the partie grieved doe comme and Com¬
plain to M" Deputie or in his absence to the Treasurer of
the Companie for ye tyme beinge, And yt shall not be
lawfull for anie persone of this ffellowshippe to sell vnto
breakers anie Clother or other Knglishe Woollen Com-
moditie for absent merchants or Clothe buyers by Commis¬
sion or letters to the said breakers vpon the penaltie of
XT sh. sterlinge, to be forfeicted for eache Clothe so sold
Contrarie to the true meaninge of this order & the lyke
heretofore provided one this behalf, Enacted at Middel-
broughe the last day of December anno 1611.
Whereas ^ the Clothiers of our Countrey haue of late
yeares taken liberty to them selves to make fase and de-
ceiptefull Cloth in great and intollerable measure, not
only to the greate losse of the bretheren of our Company
tradinge in the same, but alsoe to the vtter discredit of
the draperie of our land and the aduancement of the trade
of Clothmaking in other Countreys, and this because the
due execucion of the statute prouided by Parliament for
the true making of our English Cloth, hath been greately
neglected, as well by the bretheren of our ffellowshipp,
that are buyers of the sayd Cloth, as by the ouerseers and
searchers to whose care and power the sayd execucion of
the Statute is lefte and comytted, ffor reformación of ye
sayd neglect on the parte of such buyers as are brethern
of this ffellowship. It is by the Deputy and Assistants
^ A change in the handwriting occurs at the beginning of this
ordinance, the new hand continuing the manuscript to the bottom
of folio 94 where another hand adds two London ordinances of
1617, dated April and August respectively. Then follow January
and March ordinances of the same year, and several for 1618 in
still another hand. There is also a corresponding change in the
spelling.
ORDERS IN FEAT OF MERCHANDIZE. 129
of this ffellowship with the Consent of the Generallity
of the same in ample nomber assembled, at a generali
Court holden in Hambrough the 27^^ daye of ffebruary
anno 1612 ordayned enacted and established. That.
Euery brother of this ffellowship that shall at any
tyme buy any vndrest Clothes to be shipped for any the
ports of Germany or the Tow Countreys, shall reserue in
his hande Tenne shillings sterling vpon the price of euery
such Clothe for the doing good of all such forfeitures and
penalties as are by the statute of our land allowed to the
buyer of such Cloth, as vpon due search falleth out to be
faultie. And shall by himself or some other for him
within Tenn dayes next after the buying of such Clothes,
waigh open view and measure all & euery of them,
whether sealed as formerly searched or not, and make all
such due search as can be made of them being drye.
And yf by such search there shalbe found, any want or
desert either of length breadth or waight, then he shall
make abatement for the same with the Clothier or seller
as followeth viz fíyve shillings starling for euery pound
waight that shalbe found wanting of 59" in Narrow liste
Pack cloth of 62" in broade list pack cloth of 70" in fíyne
Castell combes, and of 76'' in Worcester Clothes and stop-
lists. Also for the breadth wanting of Sixe quarters and
an half, after the rate of Tenn shillings for the whole
Cloth, fíyve shillings for the half Cloth, and twoe Shill¬
ings Sixe pence for the quarter. Tastly for such length,
as shalbe wanting of that which is specefied on the seale,
after the rate of three shillings fíbure pence a yarde be¬
sides the true value of such want or at least the true value folio 93.
thereof. And for that the Clothiers or Searchers take
advantage by a generali practise of setting on the letters
N. and ff vpon the Scales of their Clothes to signify
130 the; merchants adventurers of engeand.
narrownes & faults thereby to avoide the giving satisfac¬
ción for the sayd faults: it is further enacted & ordained
that euery brother of this ffellowship, that shall buy
any of the Clothes soe marked, shall not withstanding
search the sayd Clothes, and make rebatement for the de¬
fects found in them. All which want of length breadth
and waight soe found as aforesayd, shalbe respectiuely
adiusted and certified ouer to the factor or Semant, to
whome the sale of such Clothes is comytted, together
with the Invoyce of the same, vpon payne of ffourty
shillings starling per Cloth, for default in any of the
premisses.
And for the finding out of the ofifendors against this
order. It is further ordayned that euery brother of this
ffellowship, dwelling or residing in lyondon, and trading
in vndrest Cloth, shall once euery quarter, vpon a sett
daye to be appointed by the Court there, come and
appeare before the Governour or his Deputy, and the
former order being distinctly read vnto him, shalbe
purged by his Corporall oath, whether he hath truly per¬
formed the same in euery parte and pointe, or not. And
not coming or refusing to take such oath, shall not be
allowed any Deputie's bill for passing of any goods at the
Custome House, vntill he haue conformed himself in this
behalf.
Forasmuch as by the Lawes of the land, we are
abridged from hauing any allowance of such moneye's as
are abated vs by Merchants Strangers, for defects of our
Clothes, after they are sent beyond the seas. And foras¬
much alsoe as in these late yeares, we haue been greately
wronged by the Merchants in those partes and their
Cloth Worker's that buy our Clothes, who make intoller-
able and insupportable Tares, as well vpon the tme as
ORDERS IN FEAT OF MERCHANDIZE. I3I
vpon the faulty Clothes, and in regarde thereof doe keepe
back and deteyne Yearely, greate somes of money very
wrongfully againste all reason or Conscience, to the ex¬
ceeding greate losse and hindrance of the Bretheren of
this Company, many tymes most vniustly keeping from
vs more then we haue gotten by our Clothes, after our
greate aduentures and large forbearance of our moneys.
And for the sweetenes of the gaine they haue found
thereby doe still Continue their excessive Taring and
extorting vpon. vs ffor reformación whereof. It is by the
Gouernour Assistants and ffellowship, and by the author¬
ity of this Court ordained & enacted as ffolloweth.
That no brother of this Company of Merchants Adven¬
turers of England trading in Cloth or other wollen
Comodities, within the Eymitts of the Empire, whether
he be a dealer therein for himself, or by his ffactor, part¬
ner, Covenant seruant or apprentice, shall neither for
him self his Master principally make sale of any such
Clothes or other woollen Comodities by himself or any
other by his or their order or appointment, directly or in¬
directly, but shall at the bargaine making Couenant and
Condición with the Merchant or other that buyeth them,
that he or they will allow of no Tare or abatement vpon
any Cloth or Clothes by them soald, vnles the Merchant
or other that buyeth the Clothes will take a view of them,
and measure them dry in the packhouse or some other folio 94.
Convenient place before they be wett or carried out of the
towne, and that the sight and presence of the merchant
that selleth them, which being done it may be lawfull for
him to make tare thereof according to such defects, faults
or Wants, as shalbe then found in the sayd Clothes and
not otherwise. And yf yt shalbe proved that any brother
of this Company of what quallity soeuer he be, shall
132 THK MERCHANTS ADVENTURERS OF ENGLAND.
make any allowance of any Tare but according to such
lymitacion as is before expressed, whether yt be done
directly or indirectly, by himself or by any other man or
meanes by any fifreeman or other not ffree of the Com¬
pany, shall forfeit and paye for euery Cloth soe soald as
ffolloweth, viz. Yf he be a ffactor that shall sell other¬
wise then before is mencyoned, he shall paye vpon euery
Cloth soe soald Twenty shillings starling, and the owner
of the Cloth soe soald Twenty shillings more, and yf the
ffactor being called in question to know who was the true
owner of the Cloth or Clothes soe soald, and will not dis¬
close the true proprietor of them: the sayd ffactor shall
paye twenty shillings more for euery Cloth soe soald:
But yf the owners of the said Clothes shalbe found to be
consenting vnto the sale of them, then he shall forfeyt
and pay twenty shillings more, ffurthermore yf any
sonne not ffree, apprentice or Couenant seruant, shall
Contrary to the true meaninge of this Acte, make any
sale of any Clothes, otherwise then in manner as before
is recited, the sayd sonne apprentice or Couenant seruant
shall ipso facto be disfranchised, and made vncapable of
any ffreedome by the Company, and the father, master or
owner of the sayd Cloth, or Clothe's, shall forfeyt and
pay for euery Cloth soe soald Twenty shillings. But yf
afterwards it shalbe proued that the sayd Cloth or Clothes
were soe soald with the privity knowledg or Consent of
the sayd father, master or owner of them, then the sayd
father master or owner shall pay for his offence vpon
euery Cloth twenty shillings more and the sayd sonne
apprentice or Couenant seruant shalbe restored to the
former state of ffreedome.
Lastly yf any persone shall present any offendor or
offendors in this kinde, making due proofe of his pre-
ORDERS IN FEAT OF MERCHANDIZE. 133
sentement he shalbe requited for his good seruice therein
with the one moyety of that penalty, that shalbe leuied
and taken of the oifendor or offendors that shalbe evicted
and condempned by his proof. And the presenter of any
such offence done Contrary to the meaninge of this Acte,
shalbe accompted a true and honest brother, and yf his
meanes be small, vpon his suite vnto the Court, he shall
haue a promise of the next reuercion of anie inferior office
in the Companies guift, and be preferred thereunto before
any other whatsoeuer. Even soe concluded at a generali
Court holden in Eondon the 28*'' daye of September anno
1610.
Att' a generali Court in Eondon the xiiij'''of Aprill
Anno i6iy It was ordeyned that for the giving of worke
vnto the Cloth workers the Breathren of this ffellow-
ship shall cause all their white Clothes before they be
shipped to be by the said Cloth workers weighed opened
pervsed searched and made vpp againe and for this worke folio 95-
beinge done in the day cloth to pay the Cloth worker iij^
vppon euery Cloth. Eikewise that the Tenth cloth at
least of all such whites shalbe wett by the said Cloth-
worker and soe searched, for his paines wherein and in
making the same vpp againe he shalbe paid xij*^ for every
Cloth. And yf any brother of this ffellowshipp shalbe
found to faile in the observación of this order he shall for¬
feit V® for every cloth wherein he soe faileth the one hälfe
to the presenter of the disorder, and the other hälfe to
the house.
Att a generali Court in Eondon the vj^*' of August Anno
i6iy It was ordered that the breathren of this ffellow¬
shipp shall make such abatement with the Clothier for
^ Change of handwriting.
134 merchants adventurers of engeand.
the faults found in the clothes that be searched in the
wett as is formerly ordeyned for faults found by dry
search, and vppon the like penalties as for default of the
said former order is provided.
Vntill^ the Company set further order herein, it is
agreed that it shalbe free and lawfull for euery brother of
this Company to transport kersies bayes Perpetuanes and
other new draperies and generally all Comodities (except
broad Cloth) to any parte whatsoeuer of Germany or the
lyowe Countries payinge impositions for the same only
after the rate of xij^ for a short Cloth, and noe Imprest
money, kondon the 21^^ January anno 1617.
Yf any person of this ffellowshipp by himself or any
other shall at any time enterlyne or alter his sealed
entries or bill after the same shalbe sealed with the Com¬
panies vsuall Seale, or shall practize any other waies
whatsoeuer to defraud the howse of ymposicions or im¬
prest moneyes, he shalbe disfranchised and banished from
the liberties of the said ffellowshipp for ever. And if any
sonne not free, apprentice or Covenant servant vnto any
brother of this ffellowshipp, shall committ the abuses
aforesaid or any of them, such sonne, apprentice or Cove¬
nant servant shalbe made vncapable of the freedom of
this ffellowship and be vtterly excluded from all benefitt
thereof for ever. Provided that if any apprentice or
Covenant servant shalbe constrained by the order and
Comaund of his master to doe any thing Contrary to the
true meaninge of this Act, such apprentice or Covenant
servant shalbe cleared, and his master holden Culpable of
the breach of this order, and liable to the punishment of
the same. London the 23*'' March anno 161'/,
^ Change of handwriting.
ORDKRS IN FR AT OP MBRCHANDIZR. 135
Culloured Clothes drest, Baies, Kersies, stockings,
Perpetúanos and all new draperies are to be free to be
bought and shipped without Stint, and henceforth the
stint to be reconed and observed only in white Clothes.
London June anno 1618.
Noe brother of this ffellowshipp shall send or Cause to
be transported any Clothes from one marte towne beyond
the Seas to another without first taking oath before the
deputy of the Company in the place whence he trans-
porteth such Clothes, that the same haue beene and re-
mayned in the mart towne where they first arrived at the
least the space of vj monthes vpon paine of XL® a Cloth
for infringing this order. London the 'f' of October &
16*'' January anno 1620.
At a generali Court in Londone the 23^^ of ffebruary
anno 1619. Vpon Complaint made by the yong men,
that some great traders, doe buy vp such quantities of
Clothes weekly, that the yong men cannot get Cloth for
their money. It was ordered that whosoever shall here¬
after shipp more then his respective Stint, he shall pay
doble imposicions and doble imprest for all that he shall
soe Shipp.
folio 105.
Caput Quartum.
ORDERS TOUCHING THE DISPOSINGE OF CERTAIN BE¬
QUEST MONIE DEFT BY SUNDRY PERSONS TO THE
FFELLOWSHIPPE WITH COPIES OF ARTICLES OUT
OF THE LAST WILLES OF THE SAYD PERSONS CON-
CERNINGE GUIFT OF THE SAYD BEQUEST MONIE.
Whereas thorow the Godlye zeal and good Inclination
of diverse Charitable disposed and well affected persons,
and late Brethern of this ffellowshippe of merchants
Adventurers of England, there hathe been left and be-
1 queathed by the last willes and Testamentes of the said
persons sundrie sommes of money to bee at tymes and
with Conditions ffreelye bestowed, at the discretion of the
worshipfull the Governour or his deputie and ffellow¬
shippe aforesaid, vpon yongemen new beginners and men
of small means. Therefore to the end that the Orderly
Kmployement and disposinge of the said monie may bee
accomplished to good purpose and accordinge to the Tes¬
tators myndes and last willes, and that the same may bee
more manifest and knowen both to the Court where the
graunt remayneth (beinge the Chief Court one this syde
the Seas) as also to those that shall becomme sewters.
Yt ys at a Generali Court holden in Middlebroughe the
ffyve and twentith day of Julye anno 1583, by Authoritye
of the deputie Assistents and ffellowshippe of Merchantes
Adventurers of England, Ordayned and Enacted as ffol-
loweth.
2 Inprimis that all suche monie alredie bequeathed shalbe
payd and repayd in England in sterlinge monie, after
136
BEQUKST MONIE.
137
sewt past, at the tymes and in order herevnder sett
downe.
Item at the first or second Court to bee kept one this
syde the Seas, where the Anthoritye of the Companie
may bee Resident, euerie Pasche Marte suche as seek to 3
Knioye the vse and benefyte of the monie by the late de¬
ceased M'' Jones M"" Carre M"" Roger Knotte Berbeck
M"" Rogers and M*"' Clerk bequeathed, shall make their
suyte by themselues or their ffreendes by woord or wryt-
ingej which shalbe graunted or denyed at the Courtes
discretion and pleasure.
Item Kuerie persone that hathe vpon his sewt as afore¬
said obtayned graunt of anie parte of the forementioned 4
bequest monie, shall the second day after the begyninge
of the Sinxon Marte then Imediatelye next followinge,
have delivered vnto him by the Treasurer in Tondone for
the tyme beinge, the said somme of monie by him
graunted and shall Knioye the same Gratis.
BEQUEST MONIE. folio
Item the said persons whose bequest ys graunted, shall
within that marte at a Court of Assistentes in place where
the said graunt y s passed, now make and present twoe
suerties, whoe after orderly tryall by ballatinge, and so
allowed, shall Joinctly with him enter dew boundes for 5
the Repayment of the said monie at the tyme and in order
thereby to bee Knioyned, And yt ys to bee vnderstood
that after the graunt past euerie suche persone as shall
neglect to present & putt in suertyes enter into bondes,
or ffor anie other Cause proceedinge by his default, pro-
tracteth the Callinge for and receipt of the said monie 5
after the foresaid day limited, shall beare the losse of the
tvme and forbearance, and notwithstandinge make Resti-
138 THE MERCHANTS ADVENTURERS OF ENGE AND.
tution at the verye day in the next Article ffollowinge
prefixed.
Item the said monie shalbe repaid vnto the said Treas¬
urers the ffyve and twentith day of June Immediately
after the expiration of the said tyme, for the enioyinge
thereof accorded, And the said tyme ffor the Reinbourse-
6 ment limited being delayed and deferred by him that
possesseth yt, the monie graunted in the said Pasche
Marte to bee alwayes notwithstandinge disbursed and
given by the said Treasurers at the verie day appointed
by the second Article of this Ordinance, And yf the Court
thinke so Convenient the forfeict of the bond to bee
foorthwith put in sewt and recouered against that per¬
sones suertyes that Enioyeth the monie, and neglecteth
to make orderlye Restitution.
Item yf anie of the suertyes put in, chaunce to decay
or dye then within one monthe after at the furthest an¬
other to bee presented and accepted of orderlye, at and by
7 the Court of Assistentes as afore ys appointed, And yf the
partie to whome suche monie ys graunted, chaunce to de¬
part lyfe, before the expiration of the tyme for which the
said bequest monie was graunted him, then the monie
shall by the suertyes bee brought in vnto the Treasurer
for the tyme servinge, within one monthe at the furthest
after suche decease, within the compassé of which monthe,
the Companie in whose hande the disposinge of the monie
resteth, shall passe their graunt to some other sewter,
7 whoe within one day after receipt of suche monie by the
Treasurer, shall at his hands havinge before sett suertyes,
and entered into bond receiue the same. And yt ys to
bee vnderstood that after suche partie deceaseth the
monie brought in, new graunt passed & accordinglye all
thinges accomplished, suche persone as shall haue the
BEQUEST MONIE.
139
said graunt shall enioye the same onelye for the tyme un¬
expired, to the deceased first graunted, with this addition
that he shalbe at liber tie against the expiration of the
said terme to becomme sewter with other observinge the
order thereto appointed in manner and forme abone
written.
Item, ffor that John Quarles his bequest monie folio 107.
falleth dew in the Pasche Marte, the sewters for the Kn-
ioyinge and use thereof shall make their sewtes in the
Cold Marte before, and after the graunt past suertyes to
bee sett boundes deliuered, and the said monie receiued 8
and payd by the Treasurer in Condone for the tyme be-
inge in the said Cold and Pasche Martes, in order and in
manner as abone for the other bequest monie in the other
martes ys Ordayned.
Item, after the suertyes bee putt in and allowed ad-
uertisement to bee sent to Condone to the end that the
bondes may bee there, yf not here made; signed sealed 9
and deliuered to the Treasurer for the tyme beinge,
within the tyme before appointed.
Castly to the end yt may appear to all men how the
said monie and upon whome yt hathe been fifom tyme to
tyme bestowed, whoe the suertyes and when tyme of ex- 10
piration or graunt falleth, the names of the persones and
their suertyes shalbe sett in a table from tyme to tyme as
the same shalbe graunted. And lyke Table of the Articles
of the Testators willes to bee written foorth, sent to
Condone and Embden, and hanged up in the places where
the Companie here vsually keep Courtes or Assemblyes.
Whereas the late deceased M"" Jones hathe given ffyftie
poundes sterlinge to bee vpon twoe Jongmen bestowed 11
per moitié, And the late M"" John Carre also deceased one
and fourtie poundes sterlinge in lyke sorte, vnto three to
I40 THE) MERCHANTS ADVENTURERS OF ENGLAND.
bee distributed, yt ys agreed that the twoe Jongmen to
whome the said M' Jones his monie shalbe graunted shall
have the twoe thirde partes of Carres bequest monie
and the Remayninge third parte to bee given to another
persone with Condition that in respect of the smallnes of
that portion yt shalbe lawfull for him to becomme sueter
for anie of the ffyftye poundes given by M"" Quarles or M®
Knotte; without that the Knioyinge of the said one third
parte shalbe unto his sewt anie lett or Impediment.
In the hast Will of Walter Jones, hate of Whitney in
the Countie of Oxford Clothier deceased, Remayninge in
12 the prorogatiue Court of Caunterburye and from thence—
Extracted amonge other thinges, ys Conteyned as
followeth.
Item, I give and bequeath to the Governour Deputie
13 and Assistentes of the ffellowshippe of Merchantes Ad¬
venturers of the Englishe House and Nation in Flaunders,
Holland, Brabant, and Zeland, in parties of beyond the
Seas and to their Successors Governour, Deputie and
Assistentes of the said ffellowshippe for the tyme beinge
folio 108. ffor ever the somme of ffyftie poundes of lawfull monie of
England to bee Employed and occupyed in a stocke in
the handes of two yong men beinge Englishe men, lyke
to prosper and go forward in their Trade of Merchandise
for and during the space of twoe yeares together ffreely,
without anie Intrest or other reward by them to bee payd
for the vse and occupyinge thereof; vpon sufiScient bond
and suertye to bee had and taken of the said twoe yong
men, to bee bound to the said Governour, Deputie and
Assistentes, for the tyme beinge for the true Repayment
of the same, ffyftie poundes, at the end of the said terme
of twoe yeares next after the receipt thereof. Whereof
euerie of the seid twoe Englishemen to haue in occupy-
BEQUEST MONIE.
141
inge to himself ffyve and twentie poundes and after the
same twoe yeares finished, then I will the same 50 li
shalbe lykewise delivered vpon the aforesaid bound and
Assurance vnto twoe other apt and meet Knglishmen
most lykest to thryve & goe forward fifeely for the lyke
space of twoe years, and so from twoe yeares to twoe
yeares the same to bee occupyed in a stocke in the handes
of twoe Knglishemen lyke to thryve by the discretion of
the Governour Deputie and Assistents there for the tyme
beinge for ever, vpon bond and Assurance in forme as ys
afore declared, without anie fraude particularitye or affec¬
tion in anie wyse. And that M'" Geoffreye Walkeyeen shall
have the Nomination of the twoe Yongemen for the twoe
first yeares.
COPIE OF AN ARTICLE OF OUR LATE BROTHER ROGER
KNOTTE HIS TESTAMENT CONCERNINGE A EEGUA-
CIE BEQUEATHED TO THE FFELLOWSHIPPE.
Also I give and bequeathe to the Companie and ffellow-
shippe of Merchants Adventurers of England Resident
now in Antwerp, twoe hundred poundes Currant monie 14
of England to bee paid to the Treasurer of the Companie
beyond Seas, within one year after my decease, for this
end and purpose and so to remain for ever and for none
other, that ys I will and ordayne these sayd twoe hun¬
dred poundes aforesaid to bee made over by Exchaunge
and Converted into fflemishe monie, which shalbe devided
into four equall partes and to bee delivered to four honest
poor Jongmen ffree of the same Companie, to have in
occupyinge for twoe yeares space a peece without payinge
anie penye Intrest ffor yt, by any manner of means or
wayes, puttinge in twoe sufficient suertyes a peece, for
euerie of their somme or sommes to the Treasurer of the
142 THE MERCHANTS ADVENTURERS OF ENGLAND.
14 same Companie beyond Sea for the tyme beinge ffor and
to the vse of the same Companie ffor the good and sure
Repayment of the said somme or sommes of monie again
at the end and terme of twoe yeares aforesaid which
folio 109. eight suerties shalbe tryed by Ballatinge at a Court of
Assistentes to bee good and sufficient or not good and
sufficient, And those good and sufficient suerties shalbe
bound with the Jongman that hathe the monie Joinctly
and severallye for the whole somme, which the said Jong-
man hathe in occupyinge, And the four poor Yongmen
that shalbe appointed to have the monie in occupyinge
ffrom tyme to tyme, shall at a Generali Court by Krect-
inge of handes bee Chosen that have most handes, which
I requyre to bee suche as ys knowen to have most need,
and the four so Chosen to have yt for twoe yeares as
aforesaid, and at the end of the said terme to repay yt to
other ffower new Chosen to succeed them, and this order
to remayn vnto the worldes end, I will and ordayn
Instantly desyringe the Companie to Choose so many of
my Country men borne in the Countie of Sussex ffrom
tyme to tyme, as have need and shalbe able to repay yt
back again as afore written. Provided further also that
yf there bee wantinge but one hundred poundes Current
monie of England aforesaid to supply my bequests and
leguacies before given, then I will and Ordayn that yt
bee rebated and taken out of the twoe hundred poundes
giuen to the Merchantes Adventurers of England.
BEQUEST MONIE.
143
IN THE TESTAMENT OE MR. JOHN CARRE WAS NEXT
BEFORE THIS ARTICLE A BEQUEST GIUEN TO MR.
MARSHE THEN GOVERNOUR TO THE FFELLOW-
SHIPPE OF MERCHANTS ADVENTURERS OF ENG¬
LAND ETC THEN FFOLLOWED AS HERE VNDER-
WRITTEN.
Item I give and bequeath to the said Governour As-
sistentes and Commonaltye of the said ffellowshippe of 15
Merchantes Adventurers of England, and to their suc¬
cessors ffourtie and one poundes of lawful! monie of this
Realm, the same M' Governour Assistentes and Common¬
altye of the said ffellowshippe and their successors, beinge
bound to my Executors and ouerseers by their deed obli-
gatorie Sealed with the Common Seale of the said ffellow¬
shippe, that the said somme of 41^' shalbe with the con¬
sent of thirteen of the Assistents from twoe yeares to twoe
yeares next following my decease vpon sufficient suerties
bee lent & deliuered to somme suche three yonge begin¬
ners to trade with the said ffellowshippe free of the same,
as the said M" Governour and thirteen of the Assistents
for the tyme beinge shall Judge meet and worthy to be
relieved by the occupyinge of the said somme of one and
fourtie poundes for twoe yeares, as by former good order
taken for vse of monie to the said ffellowshippe given by
one Jones Clothier deceased for lyke purpose hathe been
& ys provided and vsed.
COPIE OF M« JOHN QUARTES DRAPER DECEASED AR- folio
TICLE OF HIS LAST WILL CONCERNINGE HIS BE¬
QUEST GIVEN TO THE COMPANIE OF MERCHANTS
ADVENTURERS OF ENGLAND.
Item I give and bequeath vnto the Governour Assis¬
tents & ffellowshippe of Merchants Adventurers of Eng¬
land one hundred poundes of lawful! monie of England, 16
144 the merchants adventurers of england.
to the Intent that they shall ffreely, lend and deliuer the
same monie vnto twee poor Yongmen ffree of the same
Companie, that ys to say to either of them fíyftie poundes,
that they may have the occupyinge thereof for twoe
yeares, they and either of them puttinge in sufficient
suertyes to the same Companie for the Repayment of the
said monie at the end of the said twoe yeares, And at the
end of the said twoe j^eares I will that the said monie
shalbe lykewise deliuered to twoe other Jongmen of the
same Companie for other twoe yeares, puttinge in suerties
as aforesaid. And so I will that the said monie shalbe
from twoe yeares ffor ever delivered vnto twoe Yongemen
ffree of the Companie in manner and forme aforesaid.
EXTRACT OUT OF THE LAST WILL AND TESTAMENT
OF GEORGE BERBECKE LATE OF LONDONE
MERCER DECEASED.
Item: And freely giue & bequeath to the Companie of
merchantes Adventurers the somme of ffyftie poundes
Current Knglishe monie, which sayd somme of fíyftie
17 poundes my will and desyre ys may bee lent Gratis ffor
three yeares vnto one poor Yongman of the Companie,
puttinge in twoe sufficient suerties for the repayinge of
the monie again, and yf one of the suerties dye the
Companie to take another, So I give to the Companie of
merchants Adventurers to this vse 50
EXTRACT OUT OF THE LAST WILL AND TESTAMENT
OF ROBERT ROGERS LATE OF LONDONE LETHER
SELLER DECEASED.
Inprimis. I give to my Cosine William Eyres three
hundred poundes and that the Companie of Merchantes
18 Adventurers have one their bond at 6 13s. 4d. per Cento
bbquest monie.
145
till the said William Kyres comme to the age of one and
twentie yeares, and then the three hundred pounds to bee
payd him, Note that this William Kyres ys 21 yeares old.
Item. I give and bequeath to the merchantes Adven¬
turers of Kngland twoe hundred poundes in monie,
Provided that they shall give out their bond for the pay¬
ment of twentie poundes a year to Richard ffoxe lether
seller or his assynes during his naturall Kyfe, by ffyve
poundes a quarter, and after his decease my will ys that
the said Companie lend out one hundred poundes vnto
Tongmen Gratis ffor three yeares vpon twoe suertyes, so
to Continew ffrom three yeares to three yeares ffor ever,
the other hundred powndes I give to the said Companie
towardes their Charge.
Item I will and bequeath to the Companie of Mer¬
chantes Adventurers twoe hundred poundes. Provided
that they doe allowe vnto Cicile Parris my Cosin tenn
pounds yearly by ffyftie shillinges a quarter, towardes the
maintenance of her twoe sonnes Alexander and John
Parris, but yf yt shall happen the said Cicile to survive
her husband then I will the said 200 £ to bee paid to the
said Cicile for her advancement. But yf yt happen the
said Cicile to decease before her husband then I will the
said tenn poundes yearly to bee paid by them vnto the
said Alexander and John Parris duringe their minoritye,
and when they shall Comme to one and twentie yeares, I
will that the said 200 £ shalbe equally devided between
them, or the whole to the surviver of them. But yf yt
shall happen that the said Cicile, Alexander and John
doe decease before anie of them bee capable of the said
200 £ then I will that the said Companie shall lend the
said monie to four Yongemen fifree of the said Companie
and traders beyond the Seas by ffyftie poundes a peece
146 "mn MERCHANTS ADVENTURERS OE ENGEAND.
for three yeares Gratis, puttinge in twee good suerties
and so from three yeares to three yeares for ever.
EXTRACT OUT OF THE LAST WILL AND TESTAMENT
OF ROBERT PERCK LATE OF LONDONE HABER¬
DASHER DECEASED.
Item to the Companie of merchantes Adventurers with
Condition the same shalbe lent gratis to some poor
Yongemen fiFree of the same Companie for the terme of
three yeares, and so successively ffrom three yeares to
three yeares, to be Continued to the Worldes end to the
relief of other Yongmen Gratis, No one man enioyinge yt
longer then three yeares. And the disposinge thereof I
deferre to the discretion of the Governour Assistents and
Generalitie of the said Companie where the Authoritye
shall then bee, I say to this vse I give Sl bequeath the
somme of ffyftie poundes.
Caput Qüintum.
folio 117.
PRESENTMKNTES AND THE MANNER OF PROCEED-
INGE IN THE CONDEMNINGE AND EEVYINGE OF
BROAKES.
Iff anie presentment or Information of anie delict i
breache or Offence against anie the I^awes Statutes,
Actes or Ordinances of the ffellowshippe Committed or
donne, shalbe brought by anie persone whatsoeuer to the
Governour or his deputie or to the Treasurer or to suche
lyke Officer (as yt ys lawful! for euerie one that will soe
doe) notice thereof shalbe taken and entred by the Treas¬
urer or lyke Officer for the tyme beinge in a booke for
that purpose. And such entrye beinge made withall
necessarie and Convenient Circumstances of tyme and
place for the better manifestation & proofe of the pre¬
sentment or Information the Treasurer or other suche
lyke Officer shall within twoe Court dayes of Assistentes
or Associates next after publishe the same before the
Court vpon pain of ffyve poundes sterlinge, neither shall
he Conceale or holde from the knowledg of the Court
anie presentment or Information given in as aforesaid,
vpon pain of ffyve poundes sterlinge.
The Treasurer or lyke Officer shall not discover or 2
make knowen to anie persone presented or other the
matter or Offence for which presentment ys entered, or
the name of anie presenter or enformer thereof; except
yt bee to the Governour or his deputie, yt shalbe not-
withstandinge lawfull to declare to anie persone presented
requyringe the same, for what valew or somme he ys to
147
148 THE MERCHANTS ADVENTURERS OF ENGEAND.
put in suertie pawn or Caution yet without manifestinge
for what Cause or by whome he ys presented.
3 Yf anie persone shalbe presented for doinge or vehe¬
ment suspicion of doeinge anie offence or trespasse or
delict against anie the lawes, Actes, or Ordinances of the
ffellowshippe the Treasurer or lyke Officer shall by one
of the Beadles warne or Command suche persone, yf he
bee present his factor or servaunt, to put in suerties or
pawne for the aunswearinge of the Court, And yf the
partie presented his factor or servant shall refuse or doe
not in dew tyme performe suche order, he or they so re-
fusinge or not doinge one this syde the Seas, shall forfeict
fyve pounds ster: and yf in England tenn poundes ster-
linge. But yf the partie presented bee not able or will
not putt in suertie pawne or Caution, beinge warned or
Commanded as aforesaid, he shalbe subiect besydes the
payment of the abouesaid forfeictures or penalties to
abyde suche order as shalbe found meeet or expedient
folio 118. by the Governour or his deputie and the Court one that
behalf.
FORME HOW SUERTYES SHALL SUBSCRIBE TO A PRE-
SENTMENTE.
4 Wee whose names are herevnder written doe hereby
Constitute and put owrselues suerties and doe vndertake
Joinctly and severally for A B to aunswear suche matter
as he standeth Charged with, by the presentment here
against written, and to make payment of suche mulctes
fines and penalties as he shalbe Condemned in accordinge
to the orders.
5 But yf the persone presented bee absent and have
neither servaunt factor or goodes for the answearinge of
the Court, then yf the presentment bee not vnder twentie
PRESENTMENTES, CONDEMNINGE, ETC. 149
poundes sterlinge valew, he shalbe warned by a letter
from the Court to make his appearance by himself or by
some other brother of the ffellowshippe thereto fully
Authorised, before a Court of Assistents or Associates
within three monthes after the receipt of suche letter at
Londone, and within six monthes elswhere, and yf with¬
out reasonable or allowable Causes or excuse the said
persone shall not appear or have his Atturnye at the
place where he ought to appear at the tyme appointed,
he shalbe Condemned in the penalties provided by anie
the lawes Actes or Ordinances of the ffellowshippe against
which he standeth presented to have Offended, And
wheresoever his bodie or goodes shalbe found in these
partes beyond the Seas or in England, the same shalbe
arrested and seised vpon and so deteyned till the Court
bee satisfyed. But yf the penaltie to bee Inflicted bee
vnder twentie poundes sterlinge valew, and the persone
presented bee absent, and haue neither factor for vant nor
goodes here the matter shalbe sent over into England to
be examined by the Governour or his deputie and the
Court there by the best means they can, without passinge
anie Judgement or sentence therein, and beinge examined
shalbe returned with advyce what hathe been found to 5
the end that yt may bee here proceeded in accordinge to
the Orders, And yf for anie other Cause yt shalbe found
or appear that anie matter or offence presented to bee
Committed or donne Cannot bee so well tryed out and
examined here as in England, yt shalbe lawfull to remitt
the said matter into England to bee there examined by
the Governour or his deputie and the Associates, whoe
without proceedinge to sentence shall with all Convenient
speed signifye to the Court here, what they fynde to the
end that the said matter may bee ffinally proceeded in folio
10
150 THE MERCHANTS ADVENTURERS OE ENGLAND.
accordinge to the orders, And yf anie persone of this
ffellowshippe in England shall be warned to appear before
the Governour or his deputie & the Associates and to put
in suerties, shall not appear at the tyme and place ap¬
pointed and put in suerties, he shall forfeict and pay to
the vse of the ffellowshippe tenn poundes sterlinge, and
3^et not bee discharged of the matter against hym.
6 The suerties pawne or Caution put into the Court shall
stand bound and bee Chargeable as well for the foorth
Comminge of the partie presented from tyme to tyme, as
also for the ffull satisfaction of suche ffynes, mulctes,
penaltyes order, awarde or sentence of Court, somme and
sommes of Monie, as he shalbe Condempned in and not
bee discharged or released, before suche satisfaction
made, but stand executable as Principall.
7 Excuse or allegation of Ignorance negligence or over-
sighte in the breach of anie the lawes Actes or Ordi¬
nances of the ffellowshippe shall not bee avaylable or
accepted as sufficient to acquyte or Clear the partie pre¬
sented or offending of the penalties dew for his Offence.
8 No persone shalbe Condempned in Broake or forfeicture
for anie trespasse or Offence Committed or donne twoe
yeares before the same was presented, but he shalbe
wholye acquyted and discharged thereof, except the
offence be suche as may bee found out and tryed without
presentment, and namely by the Husbands bookes or
otherwise, as Stint of shippinge and of Apprentyces, none
Enrollements, and suche lyke broakes and forfeictures.
9 No persone Condempned for doeinge against the Sta¬
tutes and Ordinances of the ffellowshippe, shall make
suite for anie grace or Remission in plain or Generali
Court or in anie other Court of Justice here or elsewhere,
but only in or at a Court of Assistentes or Assocyates,
prksbntmkno'ks, condkmningb, etc. 151
and that within twentie dayes after the said Condempna-
tion (yf there bee anie Court within that tyme) vpon
pain of fforfeicture of the doble of that he was Con-
dempned in, and this Order not to bee dispenced with.
Yf anie persone Condempned by Sentence of Court, or 10
fined for doeinge against anie the Lawes, Actes, or Ordi- folio lao.
nances of the ffellowshippe after grace or remission hathe
been obtayned and shewed and the determination of the
Court one that behalf to him hathe been signifyed shall
notwithstandinge by himself or some other for him sue
labour moue or solicite for further grace or Remission, or
trouble the Court for that Cause, he shall forfeict the
doble of that he was Condempned in at the first and he
that shall sue labour move or sollicite one the behalf of
suche persone, shall Incurre and pay lyke forfeicture.
No Remission or restitution of Broake or forfeicture 11
shalbe made, but yt shalbe first by ballatinge tryed
whether anie Restitution or Remission shalbe made, and
then yf by the greater number of the Balletts yt appear
yea, yt shall again by ballatinge bee tryed how muche
shalbe restored or remitted and this order in that behalf
to bee Inviolablye observed and none other, yt ys also
vnderstood that no grace shalbe shewed or Broak quali-
fyed or Remitted in whole or in parte before the Treas¬
urer bee satisfyed for the said Broake, and that he declare
so muche before the Court, to the end that in his Accompt
yt may bee brought as monie and not bee left a debt to
the ffellowshippe, as of late to the losse and hurte of the
said ffellowshippe hathe been verie yll and preiuditially
practysed.
Yf anie Brother of this ffellowshippe shalbe by order 12
of Court examined vpon his oathe Concerninge anie tres-
passe or offence Committed or donne against anie the
152 the) m:^rchants advknturbrs op bngi<and.
I^awes, Actes or Ordinances of the said ffellowshippe, for
the which he y s orderly presented or Con vented, yf suche
persone refuse or will not depose he shalbe holden Guütie
and accordinglie Condempned in suche penaltie Broake
or sommes of monie as ys provided and sett downe in the
I^awe Act or Ordinance ffor Offenders against the same,
and vpon which he refuseth and will not bee examined
or deposed, And yf anie persone shalbe found and prooved
to have taken a false oathe, or not to have declared a
truthe being deposed or examined vpon his oathe, he
shalbe dismissed and disfranchised out and ffrom all the
liberties and ffreedome of this ffellowshippe.
13 No persone Standinge presented against whome lawfull
wyttnesse ys produced ffor the verification of the present¬
ment shall bee admitted to Clear himself by oath except
folio 121. he bringe lyke wytnesse for his Justification ffor the doe-
inge whereof he shall have reasonable tyme assigned him,
and faylinge at the day to produce his wyttnes, he shalbe
Condempned as guiltie and Convict of the Said present¬
ment.
14 Iff the Court shall pardone anie parte of Broake or for-
feicture, or Chaunge the same to some other punishment
or fyne the partie Condempned not accomplishinge and
duely performinge the order of Court, shall Incurre the
penaltie of the first or principall Broake or forfeicture.
15 The presenter shall haue the third parte of the penal¬
ties or sommes of monie retayned or reserved to the House,
of Broakes by him presented and Tevyed vpon brethern
of the ffellowshippe and the hälfe of that which shalbe
taken of Interlopers or onffree persones. Provided that
no persone shall take advantage or have anie parte of
those brokes which he himself his maister servaunt or
partner hathe rnn into and been Condempned ffor,
PRESIÎNI^MENTES, CONDKMNINGB, ETC. 153
Neither shall the Governour or his deputie or anie Assist¬
ent or Associate present at the handlinge examininge and
Condempninge of anie Broake or forfeicture receive or
have to his proper vse anie parte or portion of suche
Broake or forfeicture vpon pain of payinge to the partie
Condempned the doble of that which he receiued or had,
to be recovered by way of plaint or Action before a Court
of Assistentes or Associates, ffor the better tryall whereof
the partie Complayned one shalbe examined vpon his
oathe and yf he refuse to bee examined he shall pay the
doble of that he shalbe Charged with or otherwise
prooued to have had or receiued Contrarie to the true
meaninge of this Order, Provided also that the Beadles
shall have 40*^ vpon the pound of those Broakes which
proceed of presentmentes made by other persons not be-
inge Beadles, to bee payd them by the Treasurer out of
the presenters parte.
Complyces, Consortes, Partners and Companions in 16
Knill or transgression of good Orders, Abetters, Ayders,
Consorters and Maynteyners of Knill doers and trans¬
gressors of the orders, as also Counsiellors, procurers
Causers or Commaunders of euill or transgression in or
by others, shalbe held and punished as the principall folio
Transgressors or doers of Knill, or otherwise shalbe dealt
withall at the discretion of the Governour or his deputie
and the Court.
Orders ' that in such cases where the Members and by 17
Oath obliged to present themselves where the Officers
shall haue nothing of the Broakes that shall at anie time
arise vpon such presentment. Butt in suche Cases where
the members are not obliged by Oath and yett shall pre-
^ Change of handwriting.
154 I'SK MBRCHANTS ADVENTURERS OF ENGEAND.
sent themselves and thereby prevent the Beadle of pre¬
senting off them there the Beadles shall have there share
in the Broakes according as is provided and established
in the foregoing order.
Actum 30 April 1660.
This Tast Article was transcribed from Alderseys Book
of the Fellowships Ordinances, fo. 140, the 15*^ February
1770 by Nehemiah Nisbett, Secretary.
Caput Sextum.
folio 127.
ARRESTES OF PERSONS AND GOODES PROCESSE AND
PURSUITE OF CAUSES BEFORE THE COURT.
No persone of this íFellowshippe shall vexe sue or
trouble or Cause to bee vexed sued or troubled anie
Brother supposte or Officer of the said ffellowshippe or
Cause them or anie of them to bee arrested or Cited to
appear before anie other magistrate, or before anie other
Court of Justice one this syde the Seas, but before the
Courtes of Assistentes or Associates in suche place as the
ffellowshippe ys Resident at Nationwyse, there to aun-
swear anie Civile Cause Action suite quarrell offence mis¬
demeanour Complaint question variance trespasse hurt
misprision Excès or Iniurie, vpon pain to forfeict to the
ffellowshippe the valew of his Action or demaund.
And ffor avoydinge of vniust molestation and friuolous
suites, yt ys ordayned that no brother or persone of the
ffellowshippe shalbe by anie other brother or persone of
the said ffellowshippe molested arrested or attached in
his persone or goodes ffor anie Action or Cause Civile
without knowledg and licence of the Governour or his
deputie whoe fyndinge the Cause (vpon the openinge of
the same) not to proceed of malice or sett purpose with¬
out iust or good ground to vexe or molest shall give leave
to enter & make the said Action or Attachement.
The plaintiffe havinge obtayned licence as aforesaid
shall enter his Action or Attachement with the Secretarie
or sworn Clerk in plain termes & woordes expressinge
therein the ground or occasion somme or substance of his
155
156 THK MERCHANT'S ADVENTURERS OE ENGLAND.
demaund Action or plaint and whence yt groweth and
then havinge sett twoe suerties brethern of the ffellow-
shippe or Caution for the doeinge good of his said Action
or demaund shall prosecute the same with effect other¬
wise suche Kntrye to bee voyd.
The debitor or partie against whome Action ys Kntred,
shalbe warned by a Beadle to put in Caution or twoe
sufficient suertyes brethern of the ffellowshippe to vnder-
take for him and aunswear to the Creditor or plaintiffe
from tyme to tyme and to fulfill the sentence of Court,
And yf the debitor or defendant refuse and will not or
bee not able to put in suerties or Caution or bee in Acttu
Jugse that y s vpon point of runninge away or absen tinge
himself, he shall foorthwith by Order of the Governour
folio 128. or his deputie bee apprehended and putt in saufe keep-
inge, there to remayn till he haue putt in pawne Caution
or suertie to suche purpose as aforesaid, or otherwise
haue Contented the Creditor or plaintiffe or that by the
Consent of the Creditor or plaintiffe he shalbe released.
The Beadle for warninge anie man to put in suertye to
Action or to appear before a Court or Commission shall
have paid him by the plaintiffe or requyre of suche warn¬
inge 6^ fflemishe and for the Intimation of an attachement
as muche. And the Beadle for apprehension of anie man
shall haue six stuyuers fflemishe and for saufe Keepinge
of him twelue stuyuers a day wherein the night ys to bee
reconed, and the defendant or partie apprehended shall
bear his owne Charges of meat and drinke yf he bee
iustly apprehended, yf oniustly the plaintiffe or Causer
of suche apprehension or arrest shall bear all the Charges
of the defendant at the discretion and Taxation of the
Court.
The debitor or defendant beinge absent reasonable tyme
ARRES'TES, processe, El^c.
157
shalbe Assigned him to make appearance by himself or
by his lawfull Atturnye a brother of the ffellowshippe
ffully and sufficiently Authorized, And yf he make de¬
fault beinge warned by wrytinge from the Court and doe
not appear at the day as aforesaid, the Court may and
shall proceed to sentence, except the debitor or defendant
doe shew or make some reasonable or lawfull excuse re-
quyringe a longer day or tyme for his appearance or
Sendinge of his Atturnye, in which Case further reason¬
able tyme shalbe given him at the discretion of the Court.
Yf anie persone of this ffellowshippe or other subiect to
the Jurisdiction thereof ffor anie Action suite question or
presentment or for anie other Cause whatsoever whereof
the Court may or ought to take knowledg shalbe warned
by a day peremptorily or a Court appointed and sett per¬
sonally to appear and aunswear to the partie grieved or
plaintiffe, or to the Court and shall willfully obstinately
or Contemptiously make default or absent himself with¬
out reasonable lett or excuse to bee accepted by the Court
or appearinge shall not aunswear as apperteyneth or shall
depart or goe away again without Consent or leave of the
Court, he shalbe proceeded against as yf he were present
and Confessed the matter against him brought and Con- folio
sequently shalbe Condempned as a Contemner of Justice
and good order, accordinge to equitie reasone and Con¬
science, and as by the Court one this behalf shalbe found
meet and to appertayn.
Yf yt so fall out that the plaintiffe himself appear not
at the day sett, and that the defendant appear, the said
defendant shalbe discharged of the Court and absolued of
the Instance or suite And the plaintiffe shall not bee
suffered to beginne a new Instance or suite before he have
paid all the Charges of the former and besydes a penaltie
of 40*^ ster: to the use of the ffellowshipoe.
158 THE MERCHANTS ADVENTURERS OE ENGEAND.
Yf the debitor or partie defendant bee suspected to bee
fugitiue or Bankrupt or bee ffugitiue bankrupt Insolvent
dead or Cannot bee present whether he bee a brother of
the ffellowshippe or otherwise bee the Kinges subiect, yt
shalbe lawfuil for the Creditor or plaintiffe by licence of
the Governour or his deputie to attache with a beadle in
his owne h andes or in the handes of anie other of the
ffelloWvShippe the monie goodes debtes or other thinge
belonginge to the debitor or defendant Knteringe his
Attachement and the tyme the same was made with the
Secretarie or Sworn Clerk wherein yf he Can he shall
particularly in plain termes and woordes sett downe and
expresse the thinge and thinges attached, but yf he
Cannot and that the Attachement bee made in generali
woordes vpon monie goods debtes etc®' in Backhouse
Chamber or Countinghouse of the debitor or partie de¬
fendant, suspected to bee fugitiue or Bankrupt or that ys
in deed fugitiue Bankrupt Insolvent dead or that other¬
wise Cannot bee present, then the Treasurer or lyke
Officer takinge with him the Secretarie or sworn Clerk
and a Beadle shall Enter suche Chamber Backhouse or
Countinghouse and there Inventarise wryte seale and
shut vp and Committ to saufe keepinge or sequester all
suche monie wares goodes billes of debt etc®^ as he shall
there fynde or bee belonginge to the said debitor or partie
defendant. And yf anie persone shall Breake or pull of
the lockes or seales sett vpon Coffers Chestes Counting-
houses Backhouses or suche lyke thinges or places by the
said Treasurer Secretarie etc® or shall Conveighe anie
thinge in breach or Contempt of the said arrest he shalbe
mulcted with a penaltie of tenu poundes sterlinge to the
vse of the ffellowshippe and bee forced to restore or make
good the thinges or goodes, Conveighed away, or other-
arrkstks, processb, etc.
159
wise shalbe arbitrarily punished at the discretion of the
Governour or his deputie & the Court.
The Secretarie or sworn Gierke íFor the entrye of euerie folio
Action whatsoever shall have paid hym by the Knterer
or plaintiffe eight stuyuers fflemishe and for takinge In¬
ventorie of the goodes of anie persone shall have payd
him tenn stuyuers fflemishe yf the said Inventorie exceed
not hälfe a sheet of paper Compressely written, yf yt doe
he shall haue payd him twentie stuyuers and for a Copie
thereof the hälfe.
The Governour or his deputie for the tyme beinge
takinge vnto him twoe of the Assistentes or Associates
shall Immediately Call before him the partie in whose
handes attachement shalbe made which partie shall there
presently declare vpon his Corporall oatbe what goodes
or thinges he hathe in his handes of the defendants or
had at the tyme of the Attachment makinge and shall
foorthwith deliuer the same into the house or putt in
suertye or Caution as well to take his oathe as also that
the said goodes shalbe foorth Comminge, And this to bee
performed at the next Court of Assistents or Associates
ffollowinge which yf he refuse to doe he ys to bee dealt
with all accordinge to the Order one this behalf made the
30*" of August anno 1597 in stade.
The partie in whose handes attachement y s made at
the suite of the Creditors or plaintiffe shalbe warned be¬
fore the Court and Commaunded to declare vpon his oath
without Concelement fraud or Couen, how muche and
what monie goodes debtes or other thinge he had in his
handes at the tyme of the Attachement makinge belong-
inge to the debitor of the plaintiffe or Creditor whereof
dew notice shalbe taken and kept by the Secretarie or
sworn Clerk and the said partie shall from the tyme of
l6o MERCHANTS ADVENTURERS OE ENGLAND.
the Attachement makinge stand charged and aunswear-
able for the monie goodes etc® attached in his handes
which shalbe lyable to bee disposed of in suche order as
by the Governour or his deputie and the Court shalbe
taken or found meet in equitie & Conscience to apper-
teyne.
Yf the plaintiffe Call not vpon his Action within twoe
Court dayes of Assistents or Associates held after the
entry thereof suche Action shalbe held as voyd and the
defendant discharged in his persone & goodes of that
Instance.
Yf by means of Arbitrators appointed by the Court the
parties Contendinge cannot or will not agree between
themselues reporte shalbe made to the Court by the Arbi¬
trators as in suche Cases apperteyneth to the end that the
said Court may proceed & take order one that behalf ac-
cordinge to equitie and reasone.
The declaration of the plaintiffe and the aunswear of
folio 131. the defendant therevnto the Wyttnesses depositions
proofes specialtyes and reasons of bothe partyes havinge
been throughly debated examined heard seen and Con¬
sidered as apperteyneth definitiue sentence of Court shalbe
Enacted or written and then plainly pronounced by the
Governour or his deputie and accordinglie bee put in ex¬
ecution & fullfilled.
Sentence of Court beinge passed against pawn goodes
ete® there shalbe foorthwith four honest and Indifferent
persons ffreemen of this ffellowshippe Chosen and sworn
before the Court to estimate and appraise the said goodes
pawn ete® Justly and vprightly as near as they can to
their best knowledg to the valew or pry ce thereof to bee
solde for redie monie of which estimatinge or apprays-
inge the Secretarie or vSworn Clerke shall take and keep
arrestes, processe, etc.
i6i
Yf either before or within fyfteen day es after the ap-
praysement the debitor or some other for him lawfull}'-
Authorised doe Content the Creditor, the goodes pawne
etc" shalbe released the Charges to bee awarded by Court
or the debt and du tie dew to the house yf there bee anie
owinge by the said debitor or the Creditor beinge first
aunsweared and discharged. But yf the debitor or some
other for him lawfully Authorised come not within ffyf-
teen dayes after the appraisement and Content his Counter
partie, the thinges Condempned and appraysed shall
foorthwith bee solde by a candle burninge in the sighte
of so manie of the ffellowshippe as wilbe present at the
said sale for the highest pryce and most value that can
be made by Crye of the Beadles before the goeinge out of
the Candle ifor redie monie. And yf that suche sale shall
bringe out more then the appraisement the same shalbe
to the advantage and benefyte of the debitor, but yf yt
bringe out lesse the losse shall lighte one the Creditor, to
whome the said goodes shalbe reconed for so muche in
monie or value as they were appraysed at, and that ac-
cordinglie so muche of his debt ys paid.
The Beadles for lookinge toe and Cryinge out of the
said goodes solde by Candle or Execution shall haue paid
them by the Treasurer vpon euerie pound fflemishe twoe
pence lyke monie. And the Secretarle or sworn Clerk for
taking notice & keepinge Register of matters shall have
paid him vpon each pound fflemishe one penny lyke
monie accordinge to auncient Custome, except the goodes
solde be verye Costly by means whereof the said salarie
or ffees might prooue excessiue great in which Case the
Court may moderate the said Salarie or ffees.
The per.sone or persons in whose handes Attachement folio 132.
ys made shall foorthwith after that difinitiue Sentence ys
102 THE MERCHANTS ADVENTURERS OF ENGLAND.
passed bee warned foorthwitb to bringe in vnto the
Treasurer (yf he or they have not brought them in before)
the monie goodes etc" attached and Condempned to the
ende that execution may bee donne vpon the same as
aforesaid.
A Creditor havinge pawn in his handes for the Assur¬
ance of his debt yf yt fall out that the debitor becomme
Insolvent before the pawne be solde (althoughe he have
Consent and Authoritye of the debitor to sell the said
pawne) yet he shall not secretely sell or make away suche
pawne but bringe the same to bee solde publickly by a
Candle to the end that so muche as shalbe found over
and aboue his debt may remain in the house for the
aunswearinge of some other Creditor that may haue
right therevnto.
As well monie Attached as that which shall proceed of
sale made by a Candle shalbe sequestred and brought
into the handes of the Treasurer to bee distributed to and
amonge the Creditors accordinge to Sentence of Court
and the orders of the ffellowshippe.
Yf there bee anie dutie or debt owinge to the ffellow¬
shippe by anie persone Condempned the same shalbe first
satisfyed and payd next shall the Charges of the execu¬
tion saufe keepinge of the goodes and distribution thereof
with reasonable Charges of buryall and Churche dutie
bee aunsweared And then before all other shalbe pre¬
ferred debtes dew for Victuaile meat & drinke house or
Chamber hyre, Packhouse seller and servants hyre or
lyke way es for paynes taken, And then afterwardes the
Creditors each one in order accordinge to the Knteringe
of his Attachement in order and tyme before, or after
one another shalbe paid, so ffarre as the monie in the
said Treasurers handes will goe or reache, And yf there
arrestes, processe, etc.
bee anie remayner the same shalbe reserved and kept in
the house for the defendant or for his Bxecutors or law-
full assignes. And yf ffinally anie Creditor remayn in
whole or in parte vnpaid, he may otherwise seeke his
payment by Bawe against the debitor or his goodes yf he
comme to knowledg of anie.
Attachement made of debt in the hands of some debitor
shall gee before the bill of debt of the said debitors
attached in Generali termes except suche bill of debt be
first seen and viewed by the Treasurer & Secretarie or
sworn Clerk & be written or noted vp to aunswear the
first attachement & that before the other attachement of
the debt in the hands of the debitor of the defendant be
made.
Yf the plaintyffe shalbe found and so prooued to Claym folio 133.
by his Action more then ys dew vnto hym he shall forfeict
to the ffellowshippe vpon euerie pound so wrongfully
Claymed twelue pence of lyke monie as the Action or de-
niaund ys. And yf the Action bee whole disprooued he
shalbe Condempned and pay suche somme and sommes
of monie as the Court shall awarde towardes the Charges
and damages of the defendant for his repair or sendinge
over into these partes or stay here to aunswear the Action
Commenceth against him, And besydes shalbe bound
foorthwith to restore vnto the plaintifie that which he
may have gotten or wrongfully reconed with Intrest and
reasonable charges as aforesaid at the taxation and order-
inge of the Court. Lykewise yt shalbe lawfull for the
Court to allow or award vnto the partie grieved or
wronged vpon Action of debt or other Action suche
damages or Amendes as in equitie and Conscience shalbe
found reasonable and Convenient.
Yf at anie tyme the defendant hauinge put in suertyes
164 the merchants adventurers of england.
to aunswear to Action or Complaint made against him
shall refuse and will not stand to Sentence of Court but
shall appele decline from or not fulfill the said Sentence
in euerie point, then in suche Case the goodes of suche
persone or of his suertyes which first or best may bee
comme by, shalbe attached sequestered and executed ffor
the fullfyllinge of the said Sentence. But yf he or they
shall Closely Conueighe priuily transporte or make away
his or their goodes so that they Cannot bee found out or
bee comme by to be attached, then the persone or per¬
sons of such defendant or of his suertyes which of them
may bee first met with shalbe arrested and Committed to
saufe keepinge or warde till he or they have fullfilled the
said Sentence and payd the damages and Charges Inci¬
dent and besydes a ffyne of tenn poundes sterlinge to the
vse of the ffellowshippe, savinge to the suerties their re-
couerie and amendes against the defendant for whome
they vndertooke & became bound. And yt ys to bee
vnderstood that in lawe all arrestes and attachements 01
persons and goodes are dischargeable and may bee re¬
leased vnder sufficient Caution or Suertie to stand to the
tryall of the lawe and to fullfill the Judgment or Sentence
of Court, except in Case where Sentence alredie ys passed.
The partie one whose syde Sentence y s pronounced in
matter of Incombrance or attachement of monie goodes
etc" and all suche as shall receiue monie or other matter
out of the Treasurers handes by awarde or Sentence of
Court shall put in twoe sufficient suertyes brethern of the
ffellowshippe whoe shall stand bound with him to save
folio 134. the Court harmles for a year and a day against all persons
whatsoever for the foresaid awarde or Sentence and for
all future Claym or demaund for that Cause or for suche
monie or thinge receiued.
ARRESTES, PROCESSE, ETC. 165
Yf by reasone of the doubtfullnes of anie Cause Action
or matter in question or for want of sufiBcient lighte or
proofe the Court Cannot proceed to Judgment then by
licence of the said Court yt shalbe lawfull ffor the plain-
tiffe to take his advantage of lawe elswhere and otherwise
not vpon the forfeicture of as muche to the ffellowshippe
as his Action shall draw or amount vnto.
Yf anie straunger or vnffree Knglishe persone or sub-
iect of the Kinges Maiestie one this syde the Seas where
the ffellowshippe ys Resiant and Priuileged haue question
difference or demaund with or against anie persone of the
said ffellowshippe and shall as plaintiffe desyre Justice of
the Governour or his deputie and the Court submittinge
himself to the order and determination of the same and
puttinge in twoe sufficient suerties brethern of the ffellow¬
shippe to vndertake for him one that behalf and never
after to decline from the said order or determination but
to stand Contented therewith without further suyte Ap¬
pelé or provocation. In suche Case suche brother or per¬
sone of the ffellowshippe shall as he ys bound in lyke
sorte submitt himself put in suerties and abyde the order
and determination of Court without all declination prouo-
cation or Appele.
Yf anie pawn pledge or distresse shalbe taken and be
in the handes of the Treasurer or in the house for debt or
dutie owinge to the ffellowshippe the partie Indebted (yf
he bee present) shalbe warned once twice and the third
tyme by a beadle vpon his perill to appear at the next
Court of Assistentes or Associates, and yf the partie bee
not present but be elswhere one this syde the Seas he
shalbe warned by letter from the Court to appear and
make aunswear within the verye same marte, And yf he
bee in England he shall also have a letter of warninge
II
166 THB MERCHANTS ADVENTURERS OF ENGEANU.
from the Court sent him by a Brother or beadle of the
ffellowshippe and presented vnto him before Wyttnes
willinge him to appear by himself or his lawfull
folio 135. Atturneye beinge a ffree Brother of the ffellowshippe at
the next marte ffollowinge, And suche partie beinge
Condempned for makinge default or none appearance
accordinge as he was Enioyned ffour honest and Indiffer¬
ent men Brethern of the ffellowshippe shalbe foorthwith
named and appointed by the Court vpon their oathes be¬
fore the said Court taken openly to estimate and apprayse
the said pawne or distresse taken to the valew and pryce
thereof to their best knowledg as the same are worthe in
redie monie which appraisement shalbe Registred by the
Secretarle or sworne Clerke to the Intent that the partie
Indebted payinge the Condempnation with the Charges
within ffyfteen dayes after the appraysement may haue
his pawne or suche distresse restored or else the same to
remayn for to bee solde by a Candle to the best advantage
or benefyte of the partie Indebted for the payment of the
dutie or debt owinge to the ffellowshippe And yf there
bee anie ouerplus the same shalbe payd to the partie In¬
debted or his lawfull Assignes or Executors demaundinge
the same.
Yf the Court for Consideration or Cause movinge shall
take a sparinge or Respyte or deferre for a tyme payment
of debt dew to anie of the ffellowshippe he shall not arrest
vexe or trouble or Cause to bee arrested vexed or troubled
for that Cause in the Court of Admiraltie anie shippe or
goodes Charged or laden into the partes one this syde the
Seas where the ffellowshippe ys Resident or returninge
from thence in anie porte or haven within the kinges
dominions vpon pain of forfeicture of the demaund or
value thereof together with disfranchisement except vpon
arrestas, processe, etc.
167
declaration made to the Governour or deputie and ffellow-
shippe in open Court he first bee licenced so to doe.
Yf anie persone shall witholde anie Impositions debt or
dutie to the house or shall refuse to make payment of
anie fyne forfeicture or broake wherein he ys Condempned
yt shalbe lawfull for the Treasurer for the tyme beinge
or lyke Officer with Consent of the Governour or his
deputie for default of payment vpon demaund by him
made or for disobedience one this behalf foorthwith by a
Beadle and yf need bee with the ayd of an Officer of the
place to arrest and attache aswell the bodie as the goodes
of suche persone or his suerties & the same to retayn and
keep Irrepleinsable till the Doble of the Impositions debt
or dutie fine or forfeicture or broake dew & owinge bee
by hym payd, or that the Court be satisfyed for the same
one this behalf.
Yf anie persone of the ffellowshippe havinge foreign folio 136.
processe or suite he shalbe bound vpon the penaltie of
ffyve poundes sterlinge to bringe note of the same to the
Secretarie to be perused and afterwardes recorded by him
payinge him for the same.
Yf the Beadle (whose Office this ys) shall haue order to
arrest attache or lay holde one the persone or goodes of
anie man, shall refuse so to doe or after he shall have
Attached or layd holde one any man or anie goodes shall
lett him or them goe or be Conveighed away without
puttinge in suertye or sufficient pawne to the Creditor or
plaintiffe or without his Consent he shall aunswear and
pay the debt himself for the which the arrest or Attache¬
ment was made or else shalbe arbitrarily punished at the
discretion of the Court.
Yf yt shall happen that anie persone of this ffellow¬
shippe doe decease in these partes or that anie persone
168 THE MERCHANTS ADVENTURERS OF ENGLAND.
void or absent him or yf anie apprentice or other persone
shall Committ anie fault or Offence by reasone whereof
his Charge or the goodes in his handes were by anie Act
or Ordinance to bee seized or sequestered, in suche Case
the Treasurer takinge with him twoe of the Assistentes
and the Secretarie shall seal vp and sequester into his
handes all suche monie billes bookes of Accomptes papers
goodes specialtyes and all other thinges whatsoever as he
shall fynde in the Chamber Counting-house, pack-house
or anie other place of the said persone, to the vse of him
or them that shall have best righte therevnto, the ffellow-
shippe beinge first satisfyed and payd suche debt or dutie
as may bee owinge to the same, And yf anie persone
straunger or other shall make Clayme to the said monie
goodes debtes etc^ or anie parte thereof and shall proove
his said Clayme to bee iust and true lawfully by Wyttnes
or other sufficient proofe without fraude or Malengine the
said persone shall haue deliuerie made hym and posses¬
sion of the said monie goodes billes etc^ or of so muche of
the same as shalbe found belonginge vnto him puttinge
in twoe sufficient suerties of the ffellowshippe to saue the
Court harmles in Case anie other persone shall Challenge
and recouer the said monie billes, goodes etc' or any parte
thereof by la we, to restore the same or the valew thereof
to bee foorthwith rendered there where as of verle righte
folio 137. yt belongeth And yf the Treasurer doe make deliuery be¬
fore suche suertye sett, or in any other sorte then as ys
abouesaid yt shalbe at his owne perill.
Caput Septimum.
folio
INIURIES IN WOORD OR DEED QUARRELLINGE FIGHT-
INGE MISDEMEANOUR EXCESSE AND PLAYE.
No persone of this iïellowshippe whatsoever shall Call
anie other of the said ifellowshippe not beinge his serv¬
ant knave false knave or any pther vile or approbrious
name in despyte or malice for anie matter or Cause what¬
soever vpon pain of fourtie Shillinges sterlinge.
No persone of this ifellowshippe shall stryke beat or
wound or attempt to stryke beat or wound anie other
persone of the said ifellowshippe vpon pain of tenu
poundes sterlinge.
No persone of this ifellowshippe shall of malice or In-
iuriously or wrongfully doe or speake anie thinge or
wryte or give out or Cause to bee written or given out
anie Ryme letter or libell to the slaunder Infamie or dis¬
crédité of anie other persone of the said ifellowshippe
takinge the same to hart and Complaininge thereof in
Convenient tyme vpon pain to bee Arbitrarily punished
for suche his misdemeanour at the discretion of the Court,
havinge regard to the qualitie of the fact of the persone
doeinge or sufferinge the wronge or Iniurie.
Yt shalbe lawiull for the Court to allowe or awarde to
anie partie grieued or wronged by woord or deed vpon
Action of debt or any other Civile Action of trespasse or
other suche damages or amendes as to the said Court
shalbe found reasonable and in Equitie and Conscience to
apperteyn.
Yi anie persone of this ifellowshippe offendinge in heat
169
lyo M:eRCHANTS ADVENTURERS OF ENGLAND.
of blood against another Rashly or vnadvisedly in woord
or deed he shall obey and submitt himself to the Order
appointment Arbitrement or determination of the Gov-
ernour or his deputie and the Assistents or Associates
and Refusinge so to doe shalbe Condempned in a fíyne of
tenn poundes sterlinge and pay the same to the vse of the
ffellowshippe.
The Counseillors devysers persuaders or provokers of
others to the breach of the Orders ffor private lucre or
profytte or for anie other Corrupt Indirect or Sinister
Respect. Tyke wise Abetters Comply ces and ayders in
anie misdemeanour euill or vnlawfull Action Concealers
and Conveighours away of fugitive or Bankrupt persons
folio 144. or other offenders or evill doers or of their goodes to the
hurt and wronginge of others and hinderance of lawfull
and orderly proceedinge and Justice shalbe held as guiltie
as the principan offenders or euill doers themselues and
accordinglie bee Corrected and punished, or in suche
manner as to the Court they shalbe found to have de¬
served.
INIURIOUS DEALINGE, QUARRELLINGE ETC.
Yf anie Brother of this ffellowshippe shall by Craftie or
Iniurious dealinge Conen fraude or fault of his Indirectly
Kudamage beguile or Circumvent anie other persone
whatsoeuer in his goodes or substance he shalbe Com¬
pelled to Restitution amendes or satisfaction or bee other¬
wise punished at the discretion of the Court.
No persone of this ffellowshippe shall seeke or willinglie
give occasion of Quarrellinge or fightinge or willinge
quarrell or fight (except in his owne defence) with anie
straunger in the place where the ffellowshippe ys Resiant
one this syde the Seas vpon payn, yf suche persone bee a
INIURIBS AND MISDEMEANOURS. I71
ffreemati to forfeict twentie poundes sterlinge to bee levyed
vpon his bodie or goodes and to bee suspenced from the
libertyes of the ffellowshippe for twoe yeares, And yf
suche persone bee a Covenant servaunt or an Apprentice
to bee foorthwith sent away or shipped for England and
not to bee Employed in the trade of a merchant Advent¬
urer one this syde the Seas where ^the ffellowshippe ys
Privileged in three yeares after vpon pain of one hundred
poundes sterlinge to bee forfeicted to the vse of the
ffellowshippe and to bee levyed vpon the persone and
goodes as well of him as of his maister or of anie other
that shall Employe or sett him one worke.
Yf anie persone of this ffellowshippe shall of Malicious
or Euill Intent Intercept or break vp the letters of anie
other of the ffellowshippe yf suche persone bee his owne
man he shall forfeict fyftie poundes sterlinge and bee ex¬
pelled the ffellowshippe for three yeares tyme, but yf suche
persone bee a Covenant Servaunt or apprentyce he shalbe
foorthwith sent away or shipped into England and not to
return and bee Employed in or about the Trade of a Mer¬
chant Adventurer in three yeares after vpon pain of
fyftie pounds sterlinge doeinge to the Contraríe to bee
levyed vpon his persone & goodes or vpon the persone
and goodes of his Maister or suche other as shall sett hym
one worke, And yf the said fact shalbe Committed against
anie straunger or foreign persone The Court vpon Com- folio 145.
plaint shall doe lyke Justice as yf the trespasse were
donne against a brother of the ffellowshippe.
No persone of this ffellow.shippe shall interrupt or lett
another in his bergain buyinge or Sellinges or by anie
means devyce or signe by himself Broker or other per¬
sone shall attempt to lett or hinder anothers proceed inge
in buyinge bergayninge or sellinge vpon pain of ffyve
poundes sterlinge.
172 THE MERCHANTS ADVENTURERS OF ENGLAND.
No person of this fíellowshippe whatsoever shall take
his Chamber or Pack house in anie suspected house or
place or shall haunt to or lodge in anie suche house or
place vpon pain of ffyve poundes sterlinge for euerie tyme
he shalbe found faultie in the premisses, Neither shall
anie persone of this ffellowshippe lodge in Taverne Inne
or Victuaillinge house or have his Pack house or sett his
wares in anie suche place to bee solde vpon pain of ffyve
poundes sterlinge a month for so longe as he shall so
lodge etc'.
No maryed man of this ffellowshippe shall keep or holde
anie harlot lighte or euill disposed woman or abuse him¬
self with anie suche, vpon pain to forfeict for the first
offence ffourtie poundes sterlinge for the second offence
one hundred markes ster: and Offendinge the third tyme
to bee Clearly dismissed of and from the liberties of the
said ffellowshippe. And yf anie vnmaryed persone (not
beinge an apprentice) shalbe found and prooued Culpable
of the foresaid offence, he shall forfeict and pay for the
first tyme tenn poundes sterlinge for the second tyme
twentie poundes sterlinge and for the third offence ffourtie
poundes sterlinge, and bee further punished at the discre¬
tion of the Court, a third parte of the Broakes to the
ffellowshippe a third to the presenter and the other third
to the poor.
Yf anie Apprentyce or Covenant servant in qualitye of
an Apprentice shall Commonly and Inordinately vse
dauncinge mumminge or walkinge abroad in the night
seasone at vndue honres and after warninge or admoni¬
tion given him by the Governor or his deputie shall not
surcease suche yll rule, or 3T anie apprentyce shall keep
any strumpett, harlot or lighte woman or abuse his bodie,
With anie suche or shall by gaminge, Excès in apparaille
INIURIKS AND MÎSDIÎMKANOURS.
173
ryot or other misrule Consume his maisters his own or
other mens goodes, he shall foorthwith either haue his
Charge or busynes taken from him by the Court be folio 146.
shipped home to his maister and banished the ffellow-
shippe one this syde the Seas for twoe yeares tyme, and
then also not to return but at the Request of his maister
and vpon Suertyes sett for his honest and good behaviour
thereafter or else he shalbe dealt withall and punished
otherwise at the discretion of the Governour or his
deputie and the Assistentes or Associates.
MISDEMEANOUR, EXCES.
No persone of this ffellowshippe being his owne man
shall vse vnreasonable or excessive drinkinge or to the
occasioninge of drunknes in himself or others shall vse
quaffinge or great draughtes of Wine or other drinke
forcinge or provokinge others to pledge, or to doe the
lyke he shall forfeict and pay for suche his offence tenn
shillinges fflemishe to the poor to be Collected by the
wardens. And yf after admonition given him by the said
Wardens or b}^ the Conseirge or freehoste to forbear he
will not forbear & surcease but Continueth his disorder,
he shall forfeict and pay twentie shillinges fflemishe and
euerie tyme after the doble of the said somme to the vse
of the poor, and shalbe further rebuked and punished at
the discretion of the Court, And yf the Wardens shalbe
Negligent in demaundinge of the said penalties they
shalbe Compelled to pay the said penalties themselues.
And yf they will not demaund the penalties aforesaid
they shall forfeict and pay to the vse of the ffellowshippe
ffyve poundes sterlinge.
Yf anie apprentice shall use excessiue quaffinge or
drinkinge provokinge also others therevnto or shall playe
174 MißRCHANTS ADVENTURERS OE ENGEAND.
openly or Covertly at Cardes tables dyce or anie other
game for above 6*^ a game or shall by vsinge vauntinge
bettinge partinge or by anie other means or wa3'^es exceed
the said valew, or shall bee out of his lodginge after tenn
a Clock in the summer and nyne a Clock in the winter
seasone he shalbe punished at the discretion of the Gov-
ernour or his deputie and the Assistentes or Associates.
Yf anie persone of the fíellowshippe shalbe present
where excessive quaffinge and drinkinge ys vsed by
others and shall not Informe the Wardens (beinge absent
and knowinge of anie suche excesse) of the vsers Causer
or Causers thereof, he and euerie one in that Companie or
folio 147. at the table where suche excessiue drinkinge as aforesaid
ys vsed, and not Informinge thereof shall forfeict and pay
tenn shillinges fflemishe to the vse of the poor. And yf
he or they shall refuse to make payment of the said
Broake beinge demaunded by the Wardens or by anie of
them, he or they so refusinge shall forfeict and pay ffyve
poundes sterlinge a man for their disobedience to the vse
of the ffellowshippe.
An Apprentice makinge a sett Bankett dinner or supper
shall Bnforme the Governour or his deputie or the Treas¬
urer or Secretario thereof, and shall not make anie sett
Bankett dinner or supper in anie other place then the
Conseirge or ffree hostes houses for the furtherance and
advancement of his maisters busynes onely or by the
order of his maister, and not otherwise vpon pain of
suche punishment as shalbe found meet by the Gover¬
nour or his deputie and the Court.
PEAY, GAMINGE ETC.
No persone of this ffellowshippe beinge his owne man
shall playe either at dyce Cardes or tables in these partes
INIURIKS AND MISDEMEANOURS.
175
one this syde the Seas, or shall sett or give out anie
monie or monies woorth to bee played or shalbe partner
in play with anie that doe playe at dyce Cardes or tables,
upon pain of twentie poundes sterlinge, for the first tyme
offendinge herein, the second tyme after One hundred
poundes sterlinge. And yf anie persone of the ffellow-
shippe whatsoever shall offend by anie other kynde of
gaminge not abone mentioned and Contraríe to the true
meaninge of this Order against all vnlawfull gaminge, he
shalbe by the Governour or his deputie first warned to
surcease and then yf after suche warninge he shalbe
found to offend in that or anie other matter of gaminge
whether he bee a ffreeman or an Apprentice he shalbe
punished for euerie suche Offence with the order aboue
sett downe against gaminge. Provided notwithstandinge
that yt shalbe lawfull for anie not beinge an apprentice to
play at Cardes tables or other game so as he doe not ex¬
ceed 12^ by vauntinge, lyinge bettinge partinge or other
lyke manner in anie one game.
No persone of this ffellowshippe shall playe at anie
game of Cardes tables etc® in the Conseirges or ffree hostes
houses one the saboth daye vpon payn of ffyve shillings
fflemishe and the Conseirge or ffree hostes sufferinge anie
suche playe or gaminge shall forfeict & pay ten shillings
ffiemishe to the vse of the poor.
BERGAYNINGE ONE DAYES PROHIBITED.
When anie Brother of this ffellowshippe shall leave of
or forbear occupyinge or trade in these partes beyond the
Seas or shall by Expresse woordes declare to the letters
or owners of his Backhouse or Chamber that he will not
keep or have the same anie longer but that they may lett
out or hyre the same to some other at their pleasures for
176 THK MERCHANTS ADVBNTURKRS OF FNGLAND.
their moste advantage or suche lyke woordes, then and
from thencefoorfh suche Chamber or Packhouse ys and
shalbe vnderstood to bee given over, so as yt shall and
may bee lawfull for anie other persone of the fifellowshippe
to hyre the same and not before or otherwise vpon pain
of twentie poundes sterlinge and besydes to bee dis-
posessed or depryved of the said Chamber or packhouse.
No Brother of the ffellowshippe shall sell shew or de¬
liver anie Clothe Kersye or other Commoditye or ware
whatsoever in the week dayes in tyme of sermoon or
divine exercyse vpon pain of twentie poundes sterlinge.
Neither shall aiiie persone sell shew or deliuer or buy,
barter or bergain in way of Merchandise vpon the Saboth
day, or other day, (althoughe otherwise one of the or-
dinarie shew dayes) sett a parte for a Generali faste or
thankesgivinge vnto God, by order of the superiours or
Magistrate vpon the same penaltie of twentie poundes
sterlinge, to the vse of the ffellowshippe without favour
or pardone.
Whoesoeuer of the ffellowshippe shall seperate himself
ffrom the Ordinarie Churche or Congregation established
by the Common Consent of the said ffellowshippe one
this syde the Seas and Especially of the Governour or his
deputie and Assistentes or Associates, suche persone
vpon his seperation plainly discerned shalbe first Called
before the Governour or his deputie and the Assistentes
or Associates in the presence of the Minister then in
place. And yf after admonition by the Court given him,
he shall not revnite himself to the Churche and behave
himself as a member thereof ought to doe, order shalbe
foorthwith taken ffor the sendinge away into England or
shippinge home of suche persone.
INIURIBS AND MISDEMEANOURS. 177
DECBIPT IN WARES ETC. NOYSOMNES, BY DOGGES.
No persone of this ffellowshippe shall by himself or by folio 149,
anie other to his knowledg falsely or deceiptfully mingle
vse or pack or handle hoppes peper or anie other wares
whatsoever neither shall buy anie suche mingeled or
falsefyed wares, which aforehand he knew to bee falsefyed
or mingeled vpon pawn of ffourtie poundes sterlinge.
Yf anie persone Clayminge the ffreedome of this ffellow¬
shippe either Patrimonie Seruyce or anie other Tyttle or
pretence shall before or at suche his Claym bee found or
prooued of vnhonest behaviour or not the Kynges true
liegeman and subiect, or a Coosener felon or suche lyke
Infamous persone, or bee iustly attainted of anie hey nous
Cryme, he shall not in anie wise bee admitted or receiued
into the liberties or ffreedome of the said ffellowshippe.
And yf anie persone after his Admission into the ffree¬
dome of this ffellowshippe shalbe found guiltie of anie the
abouewritten or other Capitall Cryme he shalbe ipso facto
disffranchised and put out of the said ffellowshippe and
never after bee receiued to the same again.
To avoyde much noysomnes besydes sundry daungers
displeasures and Quarrelles that may fall out by keepinge
of dogges vsed for sundry games and pastymes, yt ys Or-
dayned that no brother of this ffellowshippe or other per¬
sone resortinge vnder the same, shall without licence of
his Kxcellencie or suche as have Righte or power to give
leave keep anie dogge servinge for game vpon the Water
or Tande, vpon payn of ffyve poundes sterlinge. And
yet notwithstandinge lycence or leave so obtayned to
keep dogges of game and hunt, yt shall not bee lawfull to
keep anie suche dogge or dogges within the Einglishe
house or to lett them Comme into the said house or into
the Church vpon the same penaltie of ffyve poundes ster¬
linge to bee levyed vpon the maister oí owner of suche
dogge or dogges as aforesaid.
folio 155.
Caput Octauum.
IMPOSITIONS, ASSESMENTKS CHARGES AND DUTIES TO
THE HOUSE.
The Governour of this ffellowshippe of merchantes
Adventurers or his deputie or deputees and the Assis-
tentes or the greateest parte of them whereof the Gover¬
nour or his deputie to bee one shall have fifull power and
Authoritie to Impose and Taxe as also to take and levye
accordinge to the Charters and Privileges one this behalfe
all reasonable Impositions and sommes of monie whatso¬
ever as well vpon all persons tradinge into the lowe
Countries or Germanie or the partes neare adioyninge as
also vpon the wares and merchandises transported or
Caryed or to bee Transported and Caryed either into the
said Countries or anie parte thereof either to Calais in
ffraunce either by Water or by land or to be brought by
anie subiect of the Realms of England or Ireland or of
Wales from thence as to the said Governour or his dep¬
utie or deputees and the said Assistentes shalbe found
necessarie and Convenient for the supportation maynten-
ance and good Government of the abouesaid ffellowshippe
and to the vse benefyte and Commoditie of the same.
All white Clothes of eight and twentie yardes and
vnder all short sufifolke Blewes kersyes Bridgwaters
Pennistones doosens Bayes Cottons etc" shall pay viiP
ster: per Clothe Impositions. And all fyne Clothes ex-
ceedinge eight and twentie yardes in lengthe and all
Coloured Clothes (except short sufifolke blewes) shall pay
178
IMPOSITIONS, ASSESMENTES, CHARGES. 179
xii^ sterlinge Impositions per Cloth and this Imposition
to Continew vpon the abouesaid wares and all other
woollen and other Knglishe Commodrityes reduced to the
rate of a short Clothe, duringe the ffellowshippes pleasure
and that otherwise bee lawfully Ordayned.
Euerie persone beinge his owne man and an ordinarie
shipper of Knglishe Commoditye shall pay for personall
Impositions four shillinges sterlinge To Wytt when he
shippeth no wares to the marte, or yf he doe when the
Impost of the same amounts not aboue the said personall
Impositions that marte otherwise he ys to pay accordinge
to his doeinges.
Item Kuerie Brother from tyme to tyme present in the folio 156.
marte Towne or Townes having one or more partners in
his Trade shall by himself his factor or servant martly
sett downe in the booke of Impositions the name or
names of euerie suche his partner and partners vpon pain
for omittinge the same to pay fourtie shillinges sterlinge
for a fyne to the vse of the ffellowshippe without favour
or pardone.
Item euerie Partner or partners Brethernof the ffellow¬
shippe althoughe they bee two or three or more in Com-
panie and that but one of them bee in the Marte Towne,
whose doeinges in the Marte shall not exceed their sev-
erall personall Impositions shall pay for each of their
Impositions a parte fower shillinges sterlinge a man for
so manie as they are.
Item. Kuerie Brother of this ffellowshippe Refusinge
or havinge his beinge in the Marte Towne or Townes or
anie of them, althoughe yt shall not appear that he for
the tyme shipped Commodityes thether or bought Com-
modityes there yet shall he pay euerie Marte wherein he
shalbe present personall Impositions To Wytt fower shil-
l8o THE MERCHANTS ADVENTURERS OE ENGLAND,
linges Stärlinge, And all brethern passinge but throughe
the Marte Townes as Trauaillers shall pay the same per¬
sonall Impositions.
Item. Kuerie Brother shippinge Bnglishe Commoditye
to the Towne of Embden shall not onlye first give Notice
of the iust qualitie & quantitie thereof vnto the deputie
or Appointors in Eondone, But also bee holden and bound
not to Transporte the same from the said Towne where
the sale thereof ys to be made and elswhere except in the
Marte Towne vpon the penaltie of fourtie shillinges ster-
linge per Clothe and vpon all other Bnglishe Commodities
after the Rate. Byhewise that the said deputie and Ap¬
pointors in lyOndone vnto whome suche notice ys given
shalbe holden vpon the penaltie of ffyve poundes ster:
to send advertisement thereof with the first Conveniencie
vnto the place of Authoritie one this syde the Seas for the
better gatheringe of the Impositions dew for the said
Clothes etc. which shalbe dewlie paid and aunsweared in
one of the Marte Townes in the verie same Marte that
the goodes were shipped out or in the verie next Marte
followinge.
folio 157. Item Buerie persone Tradinge to the Towne of Calais
in ffraunce shalbe Bound to give true and iu.st notice of
suche Clothes Kersyes and suche other Bnglishe Com-
modityes as he purposethe to shippe from tyme to tyme or
shall shippe thether to the Governour or his deputie in
Bondone although the said Clothes etc are to bee passed
without licence and to paye the Treasurer of the fibllow-
shippe there for the tyme being the Impositions dew for
the same. And that before the shippinge out thereof or
at the furthest before the end of the Marte wherein the
said Commodityes are shipped out vpon the penaltie Or-
dayned for misshippers.
IMPOSITIONS, ASSKSMENTES, CHARGES. l8l
When ailie Brother shall send over sonne or Servaunt
to bee made ffree he shall procure and present in orderly-
Certificate that he ys not indebted to the house for Im¬
positions of Clothes or other wares shipped out of the
Realm of England to the Towne of Embden or into anie
other place in Germanie or the Eowe Countries synce the
eight and twentith day of January anno 1597 or to the
Towne of Calais in ffraunce synce the fourth day of De¬
cember anno 1599 and yf he be found Indebted he shall
pay or give satisfaction for the same before suche his
sonne or servaunt shalbe admitted.
Item Euerie Brother vsinge his trade and dealinges
only in Wares and no woollen Commodityes or tradinge
not at all or verie seldom in these partes shall pay twentie
shillinges sterlinge a marte for his personall Impositions.
Item whatsoever Brother at the makinge ffree either
of his sonne or servant shall not bee found to have borne
Charges to the house within four yeares before to the
valew of eight and fourtie shillinges sterlinge he shall
pay for personall Impositions at the Admission of suche
his servaunt or sonne the somme of 48 shillinges ster:
and that in regard of his .seldom bearinge of Charge to
the house & that nevertheless the number of the ffellow-
shippe ys by him Encreased.
Item Euerie Brother bound to serve for wages beinge
no trader himself shall pay but half personall Impositions
but beinge a trader shall pay accordinge to his shippinges
at least whole personall Impositions, But yf anie brother
bee bound to serue without wages & bee none occupyer
he shall for that tyme be free of all payment of personall
Impositions.
Item Euerie Brother of the ffellowshippe takinge ffac- folio
torie of more then twoe men thoughe he have no doeinges
i82 the; merchants adventurers of ENGEAND.
for himself shall pay whole Impositions, And yt ys to bee
vnderstood that factorie taken of standinge partners in
one Companie y s but taken of one man.
Item Euerie Brother of this ffellowshippe that shall
have anie trade or doinges in anie marte Towne shall
martly declare vnto the Treasurer or lyke Officer ap¬
pointed by the Court vpon his Corporall oathe the name
and names of all suche persone and persones absent from
the Marte Towne as he hathe had anie doeinges for
thoughe it were but in receiptes and paymentes or suche
lyke matter, because that for the doeinge thereof suche
absent brethern would and should otherwise haue his or
their owne servaunts and thereby bee lyable to pay his or
their Impositions, And for euerie Brother absent to pay
his Impositions severally, vpon pain of Refusinge to take
suche oathe, or not duely discharginge euerie absente
brothers severall Impositions personall or accordinge to
his doeinges to forfeict and pay the somme of fourtie
shillinges sterlinge without favour or pardone.
Item ffreemens sonnes Admitted into the ffreedome of
this ffellowshippe havinge no doeinges of their owne but
for their fathers and takinge no factorie shall pay but
half personall Impositions, but ffreemens sonnes kept at
shoole in the Marte Townes and dealinge not at all for
themselues or others shalbe freed of all Impositions dur-
inge that tyme.
An apprentice having served seaven yeares and trad-
inge within tearmes by licence shall pay but hälfe Imposi¬
tions personall except the Clothes Shipped that Marte
doe amount to more.
And yf Euerie Brother of this ffellowshippe by himself
his factor or servant shall refuse neglect or omitte to pay
his Impositions orderly and euerie Marte as the same ys
IMPOSITIONS, ASSKSMKNTES, CHARGES. 183
dew and ought to bee payd vnto the Treasurer or the
Collectors of Impositions in parte or in whole accordinge
to the true & seuerall qualitie and quantitie of the goodes
by himself or accordinge as ys before prescribed euerie
suche Brother shall forfeict and pay the doble of that
which he ought by this order to pay restinge vnpaid with¬
out favour or pardone. And moreover yf anie Brother folio
factor or servant beinge Commaunded by the Court or de-
maunded by the Treasurer or lyke officer for the tyme
beinge refuse payment of the said doble Impositions he
shall not only bee Compelled to pay the same but also bee
further punished at the discretion of the Governour or
his deputie and the Court, Prouided that for as muche as
the Impositions are sometymes Collected in twoe severall
places and that throughe Ignorance sometymes of that
which ys shipped to the one place & there paid for the
personall Impositions are not fully or not at all paid. In
suche Case the Single Impositions only shalbe taken yf
in the Marte next fifollowinge after suche omission so yt
proceeded not of willful negligence the same bee orderlye
paid otherwise the doble shalbe levyed as abouesaid.
Moreouer yt ys further Ordayned that the Collectors of
Impositions shall within fourteen dayes at the furthest
after the begyninge of the new Marte make vp and sub¬
scribe the booke of Impositions dew in the Marte before
to the end that the Treasurers Accomptes for the same
Marte may bee in dew tyme, perfected and Audited as
apperteyneth, vpon the penaltie of ffyve poundes sterlinge
to bee forfeicted and paid by the said Collectors without
favour or pardone, And the Treasurers from tyme to
tyme shall haue their Accomptes in readynes to bee
Audited within tenn dayes after the makinge vp of the
said booke of Impositions, vpon pain of ten poundes ster-
184 the merchants adventurers OE ENGEAND.
Item all and euerie the vntradinge brethern of this
ffellowshippe in the year 1588 shall accordinge to an
Assessement then made vpon them pay at the makinge
ffree of his or their first sonne or servaunt the said
Assessement or an Assessement at the discretion of the
Court where suche sonne or servaunt ys to bee admitted,
yet so that none bee sett at lesse then three poundes nor
none abone twelue poundes sterlinge, And for all such
Brethern as haue paid or sometymes pay personall Impo¬
sition beinge in that respect accompted traders yf from
and after the fiyve and twentith daye of Marche anno
i^ç2 vntill the end of three yeares next after suche their
Impositions personall or real or accordinge to their doe-
inges shall not bee found in the whole to amount vnto
the somme of three poundes sterlinge then euerie suche
Brother shall lykewise at the makinge fffee of his first
sonne or servaunt be assessed at the discretion of the
Court & none to be assessed at lesse then 3 ^ or more
then \2 £ ster; as aforesaid,
folio 160, Item all fynes Broakes forfeictures prest raonie pole
monie Enhansements by Admissions into the liberties of
this ffellowshippe and all other duties or Incommes what¬
soever due or that ought to bee paid vnto the ffellow¬
shippe shalbe payd Continually in sterling monie To
Wytt in Germanie after the Rate of 25®'' the pound ster¬
linge and in the lowe Countries after the rate of 33®'' 4"^
the said pound sterlinge, Provided alwayes thatt all and
euerie the Brethern of this ffellowshippe which before the
ffyve and twentith day of March anno 1588 were and yet
are Indebted to the house for anie Cause whatsoever
shalbe at libertie to make payment of his debt or dutie in
suche monie as he then ought either in Germanie or the
lowe Countries to have paid or stood Charged ffor, Pro-
IMPOSITIONS, ASSESMKNTBS, CHARGBS. 185
vided also that all pettye ffynes or Broakes as for absence
ffrom Courtes and late Comminge with suche lyke due or
payable to the poor shalbe from tyme to tyme payd in
suche monies as are Current in the places where the said
fynes or Broakes fall out and are to be levyed,
Yf this ffellowshippe shalbe, Indebted or owe vnto anie
persone or persones of the same ffellowshippe anie somme
or sommes of monie whatsoever yt bee, yt shall not bee
lawfull for anie suche persone or persones therefore to
retayn or stoppe in his or their handes anie Impositions
or anie other dutie or debt owinge to the said ffellow¬
shippe, but shall pay the same when yt ys demaunded
vnto the Treasurer or other appointed for the receipt
thereof and of his dew shall make orderly demaund (yf
he so thinke good) at a Generali Court or Court of
Assistentes or Associates as the Case shall Requyre vpon
payn of suche witholdinge of his Impositions dutie or
debt to forfeict and pay the doble thereof without all
favour or pardone.
The Impositions for Clothe Kersye and other Knglishe
Commodityes shipped for Stoad or anie parte of the
Highe Countries as also by Tolleration to Calais in
ffraunce there and in the Archdukes Countries at Ant¬
werp to bee put to sale shall by provision bee Collected at
Londone, But whereas yt ys Requyred that all Imposi¬
tions whatsoever may bee there Collected yt ys not found
meet to assent therevnto but Resolued that as hetherto
hathe been accustomed the Impositions of Clothe and
Knglishe Commoditye as also personall Impositions of
the Martes shalbe still Collected at Middelbrough. And
yt ys for auoydinge of fraude Ordayned and Knacted that
no brother of this ffellowshippe reconninge Clothe or Kng¬
lishe Commoditye in the said Towne shall withold his folio i6i.
186 THE MERCHANTS ADVENTURERS OF ENGEAND.
Impositions for the same vnder pretence that the said Im¬
positions are paid at Londone the Cloth etc havinge been
entered for Stade or some other tolerated placé, but shall
pay the same orderlie vpon pain of payinge doble, And
whereas there are diverse Indebted for this Cause they
are foorthwith or before the end of Sinxon Marte anno
1605 to make payment or giue satisfaction to the house
one that behalf vpon pain of payinge doble without favour
or pardone. Actum s**" of September anno 1605. Middel-
burgi.
To make try all whether that benefyte will redound
to the bodie of the Companie which yt should seem the
Brethern of Londone are persuaded of, namelie the
Remedyinge of all the Inormities of disordered shippinge
so muche Complayned and so smally hetherto redressed
by anie other Course heretofore taken. Yt ys Provision¬
ally Consented and agreed that accordinge to the desyre
of the said Brethern in Tondone and the order by them
there devysed the Impositions of all Clothe and woollen
Commoditie shipped out from the porte of Tondone shalbe
there Collected to the vse of the ffellowshippe in manner
and forme ffollowinge To Wytt that euerie tradinge
Brother hereafter before the shippinge out of anie Clothes
or other Commodityes wherevpon Impositions are dew to
bee payed shall bringe a true note from the Treasurer
there for the t5'^me beinge vnto the Companies Secretarie
or to suche as shall have the passinge of Entries vnder
the Companies seale. That the said Treasurer ys satis-
fyed and paid the Impositions dew to the house for the
Clothes and other Commodityes entended to bee shipped
foorth by the Entrie which he shall requyre to be passed
and that vpon pain not onlie to loose the benefytt of his
ffree licence till the said Treasurer bee payed. But also
IMPOSITIONS, ASSESMENTKS, CHARGES. 187
to bee debarred from havinge anie Kntrie passed either
for Clothes vpon anie other lycence or ffor anie other
Commodities that vsually passe without licence till satis¬
faction be there given in that behalf.
Yt ys by Authoritye of the deputie Assistents with
Assent of the Generalitye ordayned and Enacted that yf
anie persone of this ffellowshippe doe lade or lay into anie
shippe boat bottome or Vessell or shall Cause to bee laden
or layd into anie shippe boat bottome or Vessell bound
for Stoad or anie other place one this syde the Seas, anie
Clothe Kersie or other Englishe woollen Commodityes,
which before was Entered in the Custome-house vpon the
Appointed shippe or vpon anie of them bound for Middel- folio 162,
broughe and doe not pay to the Treasurer in Eondone for
the tyme beinge, before he shall so lade his Clothe
Kersye or other Woollen Englishe woollen Commoditye
for Stade or anie other place one this syde the Seas, the
full Impositions or duties due to the ffellowshippe for
them, he shall forfeict and pay to the vse of the said
ffellowshippe 6°'' 8"^ sterlinge for euerie Clothe and all
other woollen Commodityes after the Rate so shipped
laden or layd into anie shippe boat bottome or other
Vessell And Moreover shalbe debarred of all benefyte
and vse of the ffree licence vntill he have satisfyed and
payd the said penaltie without favour or pardone.
For ^ the raysing of moneys for the necessary occasions
^ Change of handwriting. The remaining orders of this chapter
belong to the period of the great disorder in trade under James I.,
and are therefore of especial interest. It was during this period
that the society was compelled to hand in its charter and for sev¬
eral years make way for a new company promoted by Cockayne.
In 1617, however, the Adventurers were restored to their privi¬
leges. Proclamation, Aug. 12, 1617, S. P. Dom. 187, 50.
188 THE MERCHANTS ADVENTURERS OP ENGEAND.
of the ffellowshipp It is agreed that an ymprest of ij® viii^
vpon a short Cloth and iiij® vpon a long Cloth shalbe lent
by the trading breathren of this ffellowshipp vnto the
house, to ,be collected vpon all suche cloth as shalbe
shipped for or vnto any the parte of the priviledges of
this ffellowshipp beyond the Seas before Christmas next.
And that the husband of the house shall keepe a perfect
Accompt of the said ymprest moneys: to the end the
ympresors maybe repaid as shall apperteyne. Generali
Court at London the xix"" of March Anno 1616.
The xviij*'' of May anno 1617 it was ordered that the
ymprest money vppon a Coloured cloth dressed shalbe
but ij® and the ymposicon vppon the same but xij".
At a Generali Court holden in London the xiiij"" of
Januar}'- 1617, It was agreed, That for the discharging of
the great debtes ^ of the ffellowshipp, the Imprest raysed
to iiij® vpon a short white cloth, and vj®vpon a long: and
the Imposicons to xij^ vpon a short Cloth, & xviij^ vpon
a long.
At a Generali Court holden in London the xxvj'^ of
January anno 1617 It was further agreed that after the
Continuance of the Collection of the Imprest money for
some iij or iiij yeares whereby the debts of the ffellow¬
shipp may in the mean tyme be in some good measure
discharged: then a fitt order and Course shalbe set for the
repayment also of the said Imprest moneys,
folio 163. At a Generali Court holden in Londone the xvj"* of
September anno 1618. It was agreed that Clothes deyed
and dressed out of whites shalbe passed for the Imposi¬
tions of xij'^ the short, and xviij^ the long Cloth without
any imprest money.
^ The debts of the Fellowship at a somewhat later date appear in
a petition to Parliament as amounting to ;^8o,ooo. Cf. Newcastle
Merchants Adventurers, II., 116.
Caput Novum.
folio
ORDINANCE TOUCHINGE MARIAGE WITH FOREIGN
BORNE WEMEN AND PURCHASE OF LANDES ETC
OUT OF THE REALM OF ENGLAND.
Yf anie persone whicli now ys or hereafter shalbe ffree
of the ffellowshippe of Merchantes Adventurers of the
Realm of England shall at anie tyme or tymes take to
wyfe anie women borne out of the said Realm or the
dominions thereof though Kndenised or even naturalized
by Judgment of Sir Henry Hubbard the Kynges Atturnye
Generali or shall at anie tyme or tymes purchase obtayne
gett or have to himself or anie persone or persons to his
vse or vpon anie Confidence or trust anie landes Tene-
mentes or hereditamentes in anie these partes or places
beyond the Seas out of the Realm of England or the
dominions thereof suche persone shall then and from
thencefoorth Imediately after suche mariage or purchase
so to bee had or made be (ipso facto) disfranchised of and
from the said ffellowshippe, and shall not anie tyme
hereafter be reputed receiued accepted accosed as one of
the said ffellowshippe or ffree of the same, but shall from
thencefoorth in all and euerie place and places bee vtterly
excluded of and from all libertyes Trade of Merchandise
preeminences Jurisdictions and voyces belonginge to the
said ffellowshippe or to anie persone beinge ffree of the
same, neither shall anie suche persone as aforesaid in
anie wise duringe so longe tyme as he or anie persone or
persones to his vse or vpon anie Confidence or trust shalbe
seised of anie Landes, Tenementes or Hereditaments in
I go THE MERCHANTS ADVENTURERS OE ENGLAND.
these parties out of the Realm of England, or duringe so
longe tyme as he and his wyfe shall Enhabite out of the
said Realm of England or the dominions thereof assem¬
bled amongst the said ffellowshippe or be present at anie
Consultation Conference Court or Counseill to be had by
or amongst the said ffellowshippe.
Yf anie Brother of this ffellowshippe shall purchase
obtayn gett or have to himself or to anie other persone or
persones to his vse or vpon anie Confidence or Trust anie
Eandes Tenementes or hereditamentes in anie these partes
or places beyond the Seas out of the Realm of England or
the dominions thereof or shall Intend to marye with a
Straunger or foreign borne woman though Endenized or
euen Naturalized by Judgment of the Kyngs Atturny
folio i68. Generali he shall declare and signifye suche his purchase
Or Intention of Mariage at a Generali Court and Crane
licence to sue for letters Patents ffor Remission of the
Statute made in the year anno 1564 whereby he ys (ipso
facto) disfranchised by reasone of suche his purchase or
maryage agreable also with this Ordinance one that be¬
half for the obtayninge whereof (yf he gett licence of
Court) tyme may bee graunted him, and withall have
duringe the said tyme at the discretion of the said Court
to Continue his Trade, yf so yt shall seem good vnto the
Court, without which leave or licence he shall not vse the
Trade of Merchaunt Adventurer, but forbear the same
wholie till he haue licence or that by virtue of the aboue
mentioned letters Patents he bee Readmitted vpon pain
never to be receiued into the ffreedome of the ffellow¬
shippe by anie way or means whatsoever but to bee held
and reputed as an vnffree persone for euer after.
And suche persone as aforesaid havinge tyme graunted
him to procure the said Eetters Patents and beinge withall
MARY AGE AND PURCHASE FOREIGN. 19I
licenced duringe the tyme to ffollow and vse the Trade of
a Merchant Adventurer yf he doe not present the said
letters Patents at or within the tyme appointed no further
or longer tyme or respyte shalbe given him, nor licence
to trade graunted, but he shall foorthwith forbear and
leave the Trade of a merchant Adventurer till he haue
presented the said Tetters Patents and be readmitted in
open Generali Court by Virtue of the same, and licence
of the ffellowshippe as aforesaid vpon pain never to bee
r( iued into the ffreedome of the said ffellowshippe by
anie means whatsoever but vtterly to bee Excluded from
the same.
But yf anie persone disfranchised for foreign purchase
or mariage doe as abouesaid present his letters Patents of
Remission and grace he shalbe Readmitted into the ffree¬
dome of the ffellowshippe vpon the same Haunce that he
was first ffree of payinge all duties to the House, And a
gratification suche as the Court shall thinke meet to im¬
pose vpon him. Except suche persone duringe the tyme
of his disfranchisement bee found and prooued to haue
donne and Committed anie thinge or trespasse against
the Ordinances of the ffellowshippe by means whereof he
ought not to be received into the ffreedome of the said
ffellowshippe.
And suche persone beinge receiued into the ffreedome folio 169.
of the ffellowshippe again shall have Convenient tyme
sett and appointed him by the Court to make sale of
suche landes Tenementes or hereditaments as he hathe
purchased or otherwise obtayned or gotten in righte of
his wyfe and to dispose of his other affaires, the which
tyme beinge he shall foorthwith remoue with his wyfe
and familie into England or some parte of the dominions
thereof there to remain and dwell except for some vrgent
192 THB MERCHANTS ADVENTURERS OE ENGEAND.
Cause he shalbe licenced by the Court to return into
these partes. But yf before or by the tyme appointed he
shall not make sale of his I^andes Tenementes, heredita-
mentes aforesaid remoue into England or the dominions
thereof with his Wyfe and familie and there remain and
dwell as aforesaid he shalbe held and reputed an unffree
persone and disfranchysed neuer after to Enioye anie
Liberties Rightes Priuileges or benefytes of the said
ffellowshippe his said former Readmission by Letters
Patents which in this Cas eorrespect ar voyd and of none
effect by the tenour thereof Nothwithstandinge.
And yf anie persone shall obtayn leaue to Continue his
Trade for a tyme or to dispose of his affaires by or within
a Certain tyme or shalbe licenced to return with his wyfe
and familie into these partes, he shall not duringe the
said tyme of his abode deale as factor for anie man, nor
doe the busynes of anie other then of himself and his
partner and partners in Joinct Companie vpon pain to
forfeict after the Rate of four poundes sterlinge per
Clothe vpon all woollen Commodityes by him solde and
tenn poundes sterlinge vpon euerie hundred poundes
sterlinge woorth of all other wares or Commodityes by
him bought sold or haiideled, the one half to bee paid by
suche persone himself and the other hälfe by him or them
that shall employ or sett suche persone one worke yf
there bee anie suche, yf not the whole penaltie aboue
written shalbe paid by the Offender alone.
Provided that suche persones as are in publicke seruyce
of the ffellowshippe or are ffree brokers havinge procured
their Letters Patents & otherwise performed the Con¬
tentes of the same may dwell and remain in these partes
duringe suche their publicke service or vocation. Pro¬
vided also that euerie Brother whoe hathe been so maryed
MARY AGE AND PURCHASE FOREIGN. 193
or ys alredie knowen to have been precontracted before
the seaventeenth day of Julie anno 1564 may Bnioye
suche ffreedomes and liberties as by an Act made before
that tyme and yet in force they might haue enioyed. folio 170,
And whatsoever graunt hathe been heretofore made by
the ffellowshippe vnto anie persone in respect of his
abode or dealings for himself one this syde the Seas,
otherwise then by this Ordinance ys permitted shalbe to
suche persone Respectiuely holden and performed so that
he deale not in trade of a merchaunt Adventurer for anie
else then he did deale for at the t5'me of the abouesaid
graunt anie thinge herein to the Contrarie Notwith-
standinge. And no brother of this fíellowshippe shall
procure, solicite or Consent by woord wryiiuge silence or
otherwise the violation of the abouewritten ordinance or
of anie Clause Article or sentence thereof vpon pain to
forfeict to the vse of the fíellowshippe yf yt bee the
Governour ffourtie poundes sterlinge yf his deputie
ffourtie markes sterlinge yf an Assistent or Associate
twentie poundes sterlinge and yf one of the Generalitie a
ffreeman or havinge voyce in Court twentie markes ster¬
linge to bee levyed without favour or pardone or in
default thereof the partie Offendinge one this behalf to be
disfranchised and dismissed of and from the ffreedome of
this fíellowshippe.
No persone disfranchised for maryinge or doeinge
Contraríe to this Act or Ordinance or anie parte thereof
shall take anie apprentice to be ffree of this fíellowshippe
duringe the tyme of suche his disfranchisement albeyt
that he haue leaue to trade vpon pain that suche appren¬
tice shall not enioye anie ffreedome in the said fíellow¬
shippe. But yf anie apprentice haue been taken before
the disfranchisement of his maister for the abouesaid
194 mkrchants adventurers of ENGEAND.
Cause thoughe his said maister be Readmitted but be
still vnffree yet he shall and may bee admitted into the
liberties of the ffellowshippe the maister payinge for a
fyne at the Admission of suche apprentice over and aboue
all other duties the somme of ifyve poundes sterlinge.
As well all suche Brethern of this ffellowshippe as are
alredie 'maryed, as also all those that shall hereafter
marye with anie Kndenized or Naturalised straungers
borne shalbe vnderstood to bee and shalbe ipso facto dis¬
franchised exempted and fallen from the ffreedome liber¬
ties, trade of merchandise preheminences Jurisdictions
and voices belonginge to the said ffellowshippe and
folio 171. accordingly shall not bee suffered to vse the trade of a
merchant Adventurer by buyinge, sellinge, shippinge
vpon licence or without anie other means whatsoeuer,
Kxcept, they shall by leaue of Court first had and ob-
teyned accordinge to the Orders of the ffellowshippe bee
permitted so to doe; or have sued out by lyke leave and
procured I^etters Patents of Remission and bee Read¬
mitted, as hathe been the Custome in the Case of foreign
mariage vpon the forfeictures and penalties provided by
the said Orders, accordinge to which Orders in euerie
point they are to bee vsed and dealt withall by the Court,
as also to frame and demean themselues. Enacted the
28"' Decembris anno 1609 In Middelbroughe.
THK BYE LAW OR AGREEMENT BETWEEN THE folio 200
RESIDENCES OE LONDON & HAMBURGH
DATED 22-1 OCT^ 1688.
Forasmuch as the Charter of the Fellowship of mer¬
chants Adventurers of England is to be Renewed and the
Residence of Eondon hath thought it convenient to have
the vse of some particular Priviledges secured to them¬
selves.
Viz^
That the Residence of Eondon shall have the Sole i
Choice of the Deputy and All other Officers used in & for
that Residence.
That no By Eaws shall be made or Ratifyed hereafter 2
with out Concurrence of the Residence of Eondon and
that those already made shall be revised and either con¬
firmed or Altered by joint consent of the Residences of
Eondon & Hamburg.
That no Imposition Rates or Duties shall be assessed 3
relating to Trade without the Consent of the Residence
of Eondon.
All which being communicated to the Residence of
Hamburgh wee are contented therewith in manner Fol¬
lowing And therefore Wee the said Residence of Ham-
^For obvious reasons this by-law is appended to the general
body of the laws instead of being introduced under one or other of
the chapters of Wheeler's Digest, as is the case with the shorter
orders of the later period. For a discussion of the agreement here
arrived at by the two Residences, see the paper on the "Organiza¬
tion of the Merchants Adventurers," Transactions of the Royal
Historical Society. Vol. 15.
195
196 THE MERCHANTS ADVENTURERS OF ENGEAND.
burgh by our Publick letter to the Residence of Rondon
dated the sixth of December 1687. Have Amply Signi-
fyed our Willingness to Sattisfye the said Residence of
London and to secure their Interest in the particulars
mentioned in all Brotherly affection And Sincere Inten¬
tions faithfully therein Promising them Neuer to impose
on them in any of the said particulars and to ratifye the
same by a Publick Act of our Court here. In as Strong
& binding words as they themselves can devise so as the
said Alterations might be settled between us and the
said Residence of London And not by any Alteration in
the Charter which Offers the said Residence of London
by their publick letters dated the 20*'' day of January last
haue accepted & Agreed to.
folio 201. In pursuance of w^hich agreement for the Settleling an
Intire Peace and Union Between us the Said Residence
of Hamburgh and the said Residence of London & for
securing the said Residence of London and their Succes¬
sors in the enjoyment of the said Priviledges for time to
come.
It is now hereby Voted & Declared Enacted and
Ordained by the Deputy Assistants and Fellowship of
merchants Adventurers of England in this Residence
of Hamburgh at Our Generali Court held here this Two
and Twentieth day of October 1688. That notwithstand¬
ing the Clauses in all or any of the Charters of the said
Fellowship heretofore Granted or hereafter to be granted
whereby the Governour Assistants & Fellowshipp of
merchants Adventurers of England or any of them
Resiant beyond the Seas are or shall be empowered to
choose a Governor and all the Officers Committees and
Associates of the said Fellowshipp as well in England as
beyond the Sea And to make Laws, Statutes and Ordi-
AGREEMENT BETWEEN THE RESIDENCES. 197
nances for the Government of the said Fellowship and to
Tax Impose take and Tevy Impositions Rates Sums of
Money for the Suport thereof And Notwithstanding the
usage of Us the said Residence of Hamburgh in Exercis¬
ing the said severall Powers.
Wee the said Deputy Assistants & Fellowshipp in the
said Residence of Hamburgh doe hereby Enact Ordain
and Establish in manner and form following
Viz*
That no Governour of the Fellowshipp shall be chosen i
hereafter without the foreknowledge & Consent first had
of the Residence of London And that the Governour
of the Fellowshipp or his Deputy in the Residence of
London togeather with the Generality of the said Resi¬
dence shall have and Wee doe hereby give them free
liberty Lycence Sole Power & Authority from time to
time and at all times hereafter to Elect & Choose &
appoint a Deputy and soe many Other.
13
THE RISE AND STATE OF THE FELLOWSHIP OF MER¬
CHANT-ADVENTURERS OF ENGLAND. 1
Br. Mus. Stowe MS. 303, fols. 99-108.
The English Nation after the conjunction of the Hep¬
tarchy of the Saxons before all Hiemo®' could be settled
were first so suddenly invaded, and att last for some
years suppressed by the Danes, & afterwardes so totally
broken & Conquered by the Normans, that there can noe
footsteps be found of any fforeign Trade driven by the
Natives of the Eand in those times.
And thence till Edward the 3*^ they were so engaged in
fifance to maintain that interest on the other side the sea
which the Norman ffamily brought along with it to this
crowne, and afterwards in the Barons wars for their
libertyes, and then in the Conquest of Wales Ireland and
Scotland, that there was little provision in all that time
made to civilize the nation and lead the people into a
^ This account belongs to the early 17th century. The strong
pleading for a regulated trade and the special privileges of the
Fellowship stamps it at once as belonging to that voluminous mass
of controversial writing called by Schanz, Flug und partei-
Schriften,^^ on trade and monopolies, during the period of Eliza¬
beth and the Stuarts. During James I.'s reign the Adventurers
were for several years deprived of their charter privileges, and
throughout the entire period they were forced to fight vigorously
for their rights. The above account must therefore be read as a
source more or less partisan in character. For a similar account
see p. 210 of this volume; also the "Petition of the Merchant Ad¬
venturers before Parliament against the Act of 12 Henry VII.,
c. 6, Br. Mus. Harl. MS. 597» fol. 211, published by Schanz,
Handelspolitik y II., p. 582.
THB RISB OR THE FEEEOWSHIP.
199
likeing of fforeign traflSque or the attempting of any man¬
ufacture att home, which might lay the foundation
thereof. But first the jews and the lyombards and then
the Easterlings and the Hanses of Germany and Mer¬
chants of the Netherlands under the House of Burgundy
had obtained such interest in the princes throughout
those times, that they were invested with the highest
priveleges that could be demanded farre above the
natives, possessed of the whole trade of this land, and
transported the fatt thereof into their own countries and
in effect had made such a greater conquest upon the peo¬
ple and estates of the English then either the Dane or
the Norman. All that was attempted in this time of
darkness was by some few mercers of London then called
the Brethren of St. Thomas of Beckett ^ who towards the
^ The origin of the Fellowship of Merchants Adventurers, and
their connection with the Brotherhood of St. Thomas is still very
obscure. Modern writers accept an intimate relationship between
the early Adventurers and the Mercers, but the}' are all inclined to
treat the claims of the Society to origin in a Brotherhood of St.
Thomas à Becket as invented. Gross, Gild Merchant, I. 149 ;
Schanz, Handelspolitik, I. 336 ; Green, Town Life, I. 94. On the
other hand the statements of the Adventurers are definite and
emphatic on their early existence as a Brotherhood under the
name of St. Thomas à Becket. Wheeler, A Treatise on Com¬
merce, 10; Act, 12 Henry VII, c. 6, Stowe (cited above), etc. No
evidence bearing on the question that is at all definite in character
has been known to exist. Quite recently, however, there came to
my notice an historic fact which establishes St. Thomas à Becket
beyond a doubt, as the patron saint of the Adventurers at a com¬
paratively early date. In the charter to the Adventurers in 1462
provision is made for the use of certain fines to maintain two
chapels in honor of St. Thomas à Becket of Canterbury (Hakluyt,
I. 208). This is clear proof of a practice, on the part of the Fellow¬
ship, in harmony with the later claim.
200 THK MERCHANTS ADVENTURERS OF ENGEAND.
end of the yeare 1200, did sometimes repayre into the
Netherlands there to seek the commodities of their trade
which in two days were brought thither over the moun¬
tains through Germany by land where as they quickly
found better advantages to furnish themselves for their
oune occasions, soe they as soone observed what infinite
riches the people of those Countries did acquire by en-
draping the woolls of this I^and, & venting the same into
all Nations, Serving the Knglish alsoe Clothing of that
materiall w°^ they could have noe where, in those days,
but hence, & all supported and maintained by that
Excellent polity of Government, which was observed
both by Maker & M®chant, in their severall callings,
ffrom all w°^ therefore they were stirred up to try if they
might, after they were known in those countries, obtain
that countenance from some of the princes, In those
provinces which for the favor and power of the Easter-
lings and others with the Kings of England they did dis-
payre of att home and at last A° 1296^ they were as a
governed body entertayned by John Duke of Brabant,
and endowed with many great priveleges. Under this
potences the English first began the trade of fforeign
Commodities imported hither, & together therew^^ had
^ Compare with this date that of 1248 in the extract from Wheeler,
p. 210. In a petition of the Adventurers to Parliament in the time
of Elizabeth there is still another date. "For in the tyme of
John, Duke of Brabant, Barle of Flanders, successor to the said
Ferdinande in the yeare of our lord god 1216 . , . for continuance
of trade, priveleges were given to the said Englysh Marchants to
come and returne to and from those partes, to choose a capytayne
or counsell there, to examine determine and punish all trespasses
whatsoever (offences towchinge mutulation of member and life only
excepted)." Br. Mus. Plarl. MS. 597, fol. 211. Printed in Schanz,
Handelspolitik y II., Urk. Bei. 134.
THE RISE OF THE PEEEOWSHIP.
20I
the opportunity to incline & invite divers Clothiers of
those Countries to repayre for England, & sett up the
manufacture of Clothing here, wherein alsoe they
pVayled. And afterwards when Edward the 3^ came into
those Countries, where he first assumed the tittle &
Armes of fifance, He beinge eye witnesse of the fflourish-
ing of those people upon the operation of English woolles
alone, was the first Prince of this Land that put him self
forth to advance Clothing in England, as the many
wholesome Lawes made in his Reigne doe fully manifest.
Upon those foundations Hen. 4^, his Grandchild, though
not next successo®, knowing well upon what tittle he gott
the Croune, did Seek to divert the warlike people of this
Nation upon the Making of cloth, & other Woollen Man¬
ufactures, & finding from experience that from the fruits
of Government already begun by the English in fforeign
parts, they had not only obtayned a Considerable trade
inwards, but had soe farre advanced the Clothing in
England in the interim, that their was noe need of ffor¬
eign Drapy, & all this notwithstanding all the troubles
for no years before both abroad & att home, did first in¬
corporate the English M®chnts here in England a' 1406,
8° Regni, which Chres were likewise confirmed, & en¬
larged as there was occasion by all succeeding Kings,
except Edward 5^^ till Henry Sl severall Nationall
Intercourses made betweene this Realme & the House of
Burgundy w®*" exceedingly p°moted ye Trade in England
even during those long bloudy warres betweene the
Branches of Yorrke and Lancaster. When Hen. had
p®vayled, he having the same cares & motives as Hen. 4*^
pursued the same designe, & as in his Reigne ye Charters
of the said ffellowshipp were often renewed, soe they
were as often enlarged w*'' divers wholesome Laws for
202 THE MERCHANTS ADVENTURERS OE ENGLAND.
Goverm*. Ye effect whereof was such as that to his time
it is justly asscribed that the Knglish Clothing first ob-
tayned its renoune, both abrood & att home, and then
first this State durst adventure upon Lawes for restrain¬
ing what Clothes should be exported undyed & undressed,
& so to give a Law to the Stranger ffrom whence have
arisen the ffraternityes & Crafts of Cloth workers &
Dyers, and so the full Manufacture of the English
Drapery.
The Reignes of Hen. S'*", Edw. & Queen Mary still
cherished ye s*^ ffellowspp, each Prince severally & suc¬
cessively confirming and renewing the same Grants unto
them, by countenance as the Trade still proposed &
fell more & more into the hands of the Natives, soe the
M®chnts of the Steelyard & those of the Intercourse did
both in those tymes forfeit their priviledges, & have ever
since bene contayned w^^'in the just bounds of Strangers,
yett still consistent w^'' all mutuall & neighborlly corres¬
pondence.
Queene Elizabeth in her Reigne, did find the main-
taininge of the ffellowspp, & the inlarging of their Chres,
& reducing of their Gov®mt to more exact Rules, w®'' tho
thrice passed under L'^®® Patents, to be the only remedy
against ye proscription of ye English both out of Ger¬
many & the Low Country es, w®^ had that success that
still Clothing increased & ye s^ ffellowspp again recovered
footing both in Germany & the Low Countryes notwith¬
standing all the opposition of the Emperor, & the King
of Spain, And, whereas before the troubles, this Nacon
vented not above 30000 Cloths into the Low Countryes, &
6000 Clo® into Germany by the Hanses or Steelyard men,
they where advanced to 60000 Clo® yearly exported.
The 12*" & 13*^ years of King James brought up the
BENEFITS ARISING FROM THE FEEEOWSHIP. 203
Clothing of this Land to ye greatest height & glory that
ever was seene in any nation, in somuch that for divers
years together ye ffellowspp alone, besides all other
Mchnts, trading Spayne, Ffrance, Italy, Turky, the East
Lands, Muscovia, & other pts., did transport for Ger¬
many & the 17 Provinces of the Netherlands 80 & 90000
Cls. yearly, besides a greate Number of Coloured Clo® &
other Wooir Manufactures made & p®fected in England.
This deduccon is brought thus farre doune, pdy to show
that w'^'" the ffellowspp' the Clothing of this Land first
began, but especially to demonstrate that by & in Govemt,
the same was first planted, that as this Goverm^ was still
from tyme to time rectified, & a well regulated Trade
maintained, all Trafique & Clothing ever grew up more
& more, & while the State held constantly to this Gov-
erm't, this Nation fflourished in all Trade & encreased in
all manner of Clothing to the emulacon if not Envy of
their neigh bo®'.
The ffellowspp cannot deny but that since ye year 1613
many very good concurrent reasons might be given of the
decay of Clothing of this Land and the Trade of their
Company, but w*" all doe Humbly declare their opinion.
That ye maine, chiefe & principad cause of all was, &
still is the want of p®serving & upholding the ancient
Government in w®^ their ffellowspp was & is constituted,
and that the rest are for the maine pte but ye naturall
effects & consequences of ye dissolution, discountenancing
& discontinuance thereof . . . ^
^ The remaining thirteen pages of the manuscript deal with the
much discussed question of the advantages or disadvantages of a
trade regulated and controlled by companies, particularly that of
the Merchants Adventurers.
THK STATTTTK OF 1497, RESTRICTING THE JURISDIC¬
TION OF THE FEUDOWSHIP AND LIMITING THE
FINE FOR ADMISSION TO TEN MARKS.
Statutes of the Realm, 12 Henry VII., c. 6.
MERCHAUNTIS ADVENTURERS.
To the descrete Comens in this (pres-
Petitions of the Parliament assembled; shewith unto
Merchants Adventur- ^ n „t- 1 1
ers, dwelling out of (discrete) Wisedomes the Mar-
LondQn. chauntes Adventurers inhabite and dwell¬
ing in diverse parties of this Realme of
Knglond oute of the Ci tie of lyondon, that where they
have their free passage resorte cours and recours with
their goodis wares and merchandises into divers costis
and parties beyond the See, aswell into Spayne Portyn-
gale Britaign Irland Normandye Fraunce Civile Venyce
Danske Estland Friselond, and other divers and many
places regions and contres being in leage and amytie with
the Kinge our Sovereign Eord, there to bye and sell and
make their exchaunges with their seid godes wares and
marchaundises accordyng to the lawe and custume used
in every of the seid regions and places, And there every
persone frely to use theym self to his moost avauntage,
withoute exacción fyne imposición or contribución to be
had or taken of theym or of eny of theym to for or by any
Knglisshe persone, or persones; And in semblable wise
they before this tyme have hadde used and of right owen
to have and use theire free passage resorte and recours
into the costes of Flaunders Holand Seland Braband and
other places thereto nygh adjoynyng undir the obeisaunce
of the Archeduke of Burgoyn, In whiche places the uni-
204
THIS STATUTE OF 1497.
205
versall martes be comenly kepte and holden iiij tymes in
the yere, to which martis all Knglisshe men and dyvers
other nacions in tyme passed have used to resorte, there
to sell and uttre the commoditees of their Contreies and
frely to bye ageyn suche thinges as semed theym moost
necessarie and expedient for their profite and the weale
of the Contrey and parties that they be comme from; till
nowe of late that by the feliship of the Mercers and
othre merchauntes and adventurers, dwellyng and being
free within the Citie of I^ondon, by confederacie made
amonge theym self of their uncharitable
and inordinate covetise for their singuler Ordinance of Mer-
profite and lucre, contrarie to every Kng- Adventurers of
1- -u 1-t. A 4- Í- London, imposing
hsshemans hbertie and to the libertie of
the seid Marte there, whiche is that every ¡pg gj Foreign Marts :
persone of what nación that he be of shuld
have their free libertie there to bye sell and make the
commutacions with the wares godes and merchaundises att
theire pleasure, have, contrarie to all lawe reason charité
right and conscience, amonges theym self, to the prej u-
dice of all Englisshemen, made an Ordinaunce and Con¬
stitución, that is to sey, that noe Englishman resortyng
to the seid Martes shall neither bye ne sell any godes
wares or merchaundises there, excepte he first componde
and make fyne with the seid feliship merchauntes of Eon-
don and their seid confederatis att their pleasure, upon
payn of forfeiture to the seid feliship Marchauntes of Eon-
don and to their seid Confederatis of suche Merchandises
godes or wares so by him bought or sold there; whiche
fyne imposición and exacción at the be-
-, £ 4. X 1 first Pretext of
gynnyng when it was first taken, was
demaunded by colour of a fraternité of
Seynt Thomas of Caunterbury, att which tyme the seid
2o6 THB merchants adventurers of england.
fyne was but the value of hälfe a olde noble sterling, and
soe by colour of suche feyned holynesse it hath be suf¬
fered to be taken for a fewe yeris passid, and aftirward it
was encreaced to Cs. Flemmysh; and no we
an(l"^[r^^ÈffectT"^of feleship and Mer-
such Fines* chauntes of Fondon take of every English
man or yonge merchaunte beyng there att
his first comming xx li. sterlinge for a f5me, to suffre him
to bye and sell his o wen propre goodes wares and mer-
chaundises that he hath there; By occasion wherof all
merchauntis, not beyng of the seid feliship and confeder-
acie, withdraw theym self from the seid Martis; wherby
the wollen Clothe of this Realme, which is oon of the
great commodities of the same, by making whereof the
Kingis true Subjectis be put in occupacion, and the pover
pepull have most universally their leving, and also other
divers comoditees of diverse and severall parties of this
same Realme, is not sold ne uttered as it hath be in tyme
passed, but for lacke of utteraunce of the same in diverse
parties whare suche clothes be made, they be conveied to
Eondon where they be sold ferre undir the price that they
be worthe, and that they coste to the makers of the same,
and at some tyme they be lente to longe daies and the
money thereof att divers tymes never paied; And over
that the comodities and merchaundises of that parties,
whiche the seid feliship marchauntis of London and othre
their confederatis bryng into this lande, is so solde to
your seid complaynants and othre the Kinges true sub-
jetts, att so dere and high exceding price that the bier of
the same cannot lyve therupon; by reason wherof all the
Cities Townes and Burghs of this Realme in effecte be
falle into great povertie ruyne and decaye, and as nowe in
maner they be withoute hope of comforte or relief, and
THE STATUTE OF I497.
207
the Kingis Customes and Subsidies and the Navie of the
land greatly decreased and mynysshed, and daily they be
like more and more to decaye, if due reformación be not
had in this behalf; Be it therefore enactid by the Kinge
our Sovereign kord by thadvyse and assent of the lyordis
spuall and temporall and of the Cpmens in this present
parliament assembled and by auctorite of the same, That
every Englisshman, beyng the Kingis _ .
® > J b b Englishmen may re-
true liegeman, from hensforth have free ¡„
passage resorte cours and recourse into the Flanders etc. and deal
seid coostis of Flaunders Holand, Seland there without any Ex-
Braband, and othre places thereto nygh act'«" i'"""' Eng'ish-
adjoynyng undir thobeisaunce of the seid exceeding Ten
Archeduke, to the Martes there hereaftir
to be holden, w' his or their merchaundises goodes and
wares, there to bye and sell and make their eschaunges
frely at his or theire pleasure, withoute exacción fyne
imposición extorcion or contribución to be hadde levied
taken or perceyved of theym or of any of theym to for or
by any Englissh persone or persones to his or their owne
use, or to the use of the seid fraternité or feliship, or of
any othre like, excepte onely x marc sterling; And that
noo persone Englissh as is afore reherced hereaftir take, to
his own use or to thuse of the seid fraternité or feliship
there, of any other Englissh persone of what estate
degre or condición that he be of, soe alwey that he be the
Kinge our Sovereign Eordis true liegeman, any fyne ex¬
acción imposición or contribución for his libertie or fre-
dome to bye and sell any goodes wares or merchaundises
in or at any of the seid Martes, more or above the some of
X marcs sterling oonly; upon payn of forfeiture to our seid
Sovereign Lord for every tyme that he dothe the contrarie
of this acte xx li. and also to forfeite to the partie greved
2o8 the merchants adventurers oe engeand.
in this behalf x tymes so moche as he contrarie to this
present acte takith of hym; and that the seid parties so
greved shall have in this behalf an acción of dette for the
seid forfeiture of x tymes in any of the Kings Courtes
within this Realme by wrytte playnte bill or información,
and suche processe to be made in the same
Penalty £20 to the t,*. 4. u j
X X. ... as IS or ought to be made lù or upon an
King, Ten Times the . . , , ^ ,
Sum taken to the dette att comen lawe, and the
Party. triall therof to be hade in suche Shire Citie
Towne or place, where the seid acción is
commenced or sued, and that the defendaunt in any suche
acción be not admytted to wage his lawe, nor that noon
esson or protección be for suche defendaunt admytted or
allowed in that behalf.^
^ A petition to Parliament in the time of Elizabeth by the Ad¬
venturers for the repeal of this act is published by Schauz : Han-
delspolitik, II, Urk. Bei. 134. It contains a brief historic sketch of
the Fellowship. The act was repealed through the efforts of Sir
Thomas Gresham, whose attitude toward the reduction of the fines
and the influence of the adventurers on the rate of exchange, ap¬
pears in a letter by Gresham to the Duke of Northumberland, pub¬
lished in Burgon's Life and Times of Sir T. Gresham^ I, App.
No. 7.
EXTRACTS FROM "A TREATISE OF COMMERCE,"^ BY
WHEEEER, SECRETARY OF THE FELEOWSHIP.
Wheeler: A Treatise of Commerce, pp. 9-13,19 and 57.
OF THE FIRST INSTITUTION OF THE FEUEOWSHIP OR COMPANIE OF
MERCHANTS ADVENTURERS, AND THE CAUSES THEREOF.
Marcus Cato, a prudent Counsellour, and a good
husband in deed, saith: Quod oportet Patremfamilias vend-
acem esse 7ion emacem : And who knoweth not, that we
haue no small need of many things, whereof foreigne
Countreys haue great store, and that wee may well spare
many things, whereof the said Countreys haue also need ?
Now to vent the superfluities of our Countrey, and bring
in the Commodities of others, there is no readier, or better
meane then by Merchandize: and seeing we haue no way
to encrease our treasure by mynes of golde and siluer at
home, and can haue nothing from abroad without mony,
or ware, it followeth necessarily that the abouesaid good
counsel of Cato, to be sellers and not buyers, is to be
^Wheeler's Treatise of Commerce, is an elaborate defence of
the Adventurers, but furnishes also a great deal of valuable
historical information. The author was secretary to the Fellow¬
ship at the beginning of the seventeenth century, and of all its
members, the most intimately acquainted with its history. With¬
out his admirable work, the story of the Adventurers would be still
wrapped in obscurity. The compilation of the Laws and Ordi¬
nances together with the little volume on Commerce, not only first
revealed the importance of the Society, but until the discovery of
the Records, they must remain the principal source for its history.
A Treatise of Commerce was published in London in i6oi, in 4to,
125 pages. In the same year an edition, also in quarto, appeared
in Middleburg. The work is now quite rare.
20Q
2IO THE MERCHANTS ADVENTURERS OF ENGEAND.
followed, yet so, that wee carry not out more in value
ouer the seas then we bring home from thence, or transport
things hurtfull to the State, for this were no good hus¬
bandry, but tendeth to the subuersion of the land and
diminishing of the treasure thereof, whereas by the other
wee shall greatly encrease it, the trade being carried and
managed under a conuenient gouerment & orders, and
not in a dispersed, loose, and stragling maner: the prac¬
tice whereof we may see in this Realme almost these 400
yeeres together: First in the Staple and Wooll trade, and
next in that of the Merchants Aduenturers and Cloth
trade. And King Edward the third thought it not
enough to bring the working and making of the Cloth
into the realme, except, when the same was indraped, he
withal prouided for the vent thereof in forreigne parts, to
the most benefit and aduancement of that newe begun
Arte, and therefore whereas the abouesaid
The brotherhood of ^ , i. . 1, j
c i »TL D . » I Company (though then otherwise termed
Saint Thomas Becket of , . . ,
Canterbury. now) in the yeere 1248, had obtained
Priuiledges of John Duke of Brabant^ the
said King confirmed the same for the substantial gouer¬
ment of the said Company in their trade.
In the yeere 1399. The Arte of making of Cloth be¬
ing growen to good perfection within this Realme, King
Henrie the Fourth first prohibited the inuection of forr¬
eigne made Cloth, and gaue unto the said Company a very
benefician and ample Charter of Priuiledges, confirmed
by Acte of Parliament for the same purpose and intent, as
his Predecessor King Edward the Third had done before
him: whose example the succeeding Kings, Henrie the
fifth, and sixt, Edward the Fourth, and Richard the
third followed, ratifying and confirming their Predecessors
doings on his behalfe: the next in order following King
th:^ origin op the feeeowship. 211
Henri the seauenth, like a wise and Prouident Prince, well
marking and considering ho we necessary and seruiceable
the state of Merchandise was vnto this Realme, not onely
liked and confirmed that which the abone rehearsed
Kings had done before him, but also greatly enlarged and
augmented the fame by three seuerall Charters, and by
other his gracious and royall fauours from time to time,
not onely towards the said Company in generali, but
withal to diners Merchants in particular: Mercatores Ule
saepenumero pecunia multa data gratuito inuabat^ vt Mer-
catura {Ar suna omnium cunctis aeque mor-
, 1-1 , J X • \ • Polidorus in vita
talibus tum commoda. tum necessaria) in „ .
A 1 Henrice septimi.
suo Regno copiosior esset. And when vpon
a variance fallen out betweene him and the Archduke
Philip^ he had drawen as well the said Company as
that of the Staple out of the low Countries, and placed
them at Calice, hee gaue vnto them within the said Towne
as large and beneficiall Priuiledges, as they before had en¬
joyed in the said lowe Countries, which were very large
and fauourable, intituling them by the name of Merchants
Adventurers. And albeit in this Kings dayes, as also in
the raigne of King Henrie the fourth, the like complaint
as of late, was made by the Clothiers, Wooll growers.
Dyers, &c. against the Company of Merchants Adven¬
turers: yet after due examination of the said complaint,
the issue procured great favour to the said Company, &
gaue occasion of the inlarging of their former Charters,
with an expresse restraint of all Straglers and Entermed-
lers, that might disturbe or impeach their trade: and
whereas also the Easterlings at this time had entered into
the same trade, the aforesaid prudent Prince King Henrie
the seuenth, did not onely straightly inhibite them so to
doe, but also tooke Recognizance of twenty thousand
212 THE MERCHANTS ADVENTURERS OF ENGLAND.
Markes of the Aldermen of the Steelyarde at London, that
the said Easterlings should not cary any Knglish cloth to
the place of Residence of the Merchants Adventurers in
the lowe Countries, or open their Fardels of cloth in the
said Countries, to the preiudice of the said Company, by
putting the same to vent there, which they were not wont
to do. In the time of the reigne of K. B. the 6, lohn
Tulle, lohn Dimock & others, brethren of the said Com¬
pany, enformed the Bishop of Elye, at that time B- Chan¬
cellor, of matter against the Company, but their bil
brought to the Councel boord, and examined, it was
finally ordered, that the said Complainants should sub¬
mit themselves vnto the obedience of the Companies
orders, and pay certaine fines, which the Bordes then laid
vpon them, besides that two of the principallest found to
be the Ringleaders of the rest, were committeed to the
Fleeti there to remaine, till such time as the Company of
M. M. Adventurers should sue for their release. And
albeit the said persons renewed their complaints, in the
first yeere of Q. Maries raigne, and did put vp a bill to
the Parliament house, against the Company, yet the same
being answered by the said Company, was reiected, and
cast out of the Parliament house. Since the time of King
Hrnrie the seuenth, the succeeding Princes, King Henrie
the eighth of famous memorie, King Edward \he^six.t\i, and
Queene Marie have continued, confirmed, and enlarged
the abouesaid Charters and Priuiledges, but aboue all
other, our most gracious Soueraigne, that now raigneth,
Queene Elizabeth, hath shewed her gracious and fauour-
able affection towardes the said Companie, in not onely
confirming the letters Patentes, and Charters of her
most Noble Grandfather, and of other her Highnesse
Predecessours aboue mentioned, but also in adding there-
WHKEIvBR'S account of the feeeowship. 213
unto other more large, and bénéficiait Priuiledges of her
owne. For whereas the M. M. Aduenturers about the
beginning of her Maiesties reigne, by diuerse restraints,
Kdicts, and Proclamations, made and set forth by the
Gouernours and Commanders of the Low Countryes,
were empeached and prohibited to trade in the said Coun¬
tries, contrary to the ancient Kntercourses, and the Priui¬
ledges to the said Company granted of old time, and con¬
sequently were occasioned to seek, and erect a Trade in
the partes of Germanie, which they did with their great
charges and trauaile for the vent of the Commodities of
the Realme, her Highness calling to remembrance this
and other faithful & acceptible seruice at sundrie times
done by the sayd M. M. Aduenturers in diuerse great and
and weighty affaires of her Maiesty and realme, and mind¬
ing the encrease and aduancement of the said Merchants,
as much as any her Progenitours, (as her Highnesse pro-
fesseth in the said Charter) it pleased her said Maiestie in
the sixt yere of her reigne, to giue and grant vnto them
those gracious and ample priuiledges, which the said
Companie now enjoyeth, and afterwards vpon new occa¬
sion, the trade of the said Company being much im¬
peached by wrongfull entermedlings of vnfree persons in
the same, it pleased her Maiesty by a new Charter, and
Tetters Patents under the great, seale of England, in the
eight & twentith yeare of her reigne, to prouide against
such iniurious, and vnorderly intrusion, acknowledging
the seruices done to her Highnesse by the said M. M.
Aduenturers, and pronouncing them to have beene, & to be
verie beneficiall members to the generali state of the
realme and common wealth of England:
14
214 I'HB MBRCHANTS ADVBNTURBRS OB BNGBAND.
TOWNS IN ENGLAND WHERE THE ADVENTURERS RESIDE; THE
TERRITORIES TO WHICH THEY TRADE, AND THE BENEFITS
OP THEIR RESIDENCE TO THE MART TOWN.
The Company of Merchants Aduenturers consisteth of
a great number of wealthie, and well experimented Mer¬
chants, dwelling in diuerse great Cities, Maritime
Townes, and other parts of the Realme, to wit, Tondon,
Yorke, Norwich, Kxceter, Ipswitch, Newcastle, Hull, &c:
These men of olde time linked and bound themselues to¬
gether in Companie for the exercise of Merchandize and
sea-fare, trading in Cloth, Kersie, and all other, as well
English as forreigne Commodities vendible abroad, by
the which they brought vnto the places where they
traded, much wealth, benefite, and commoditie, and for
that cause haue obtained many verie excellent and singu¬
lar priuiledges, rights, iurisdictions, exemptions, and
immunities, all which those of the aforesaid Fellowship
equally enioy after a well ordered maner and forme, and
according to the ordinances, lawes and customes deuised
and agreed vpon by common consent of all the Merchants,
free of the said Fellowship, dwelling in the abouenamed
Townes and places of the land : the parts and places
which they trade vnto, are the Townes and ports lying
betweene the riuers of Somme in France, and the Scawe in
the Germane sea: not into all at once, or at each mans
pleasure, but into one, or two Towns at the most within
the abouesaid bounds, which they commonly call the
Mart Towne, or Townes; for that there onely they
stapled the commodities, which they brought out of Eng¬
land, & put the same to sale, and bought such forreigne
commodities, as the land wanted, and were brought from
far by Merchants of diuerse Nations and countries flock¬
ing thither, as to a Faire, or market to buy & sell. And
TE^RRITORIES AND TOWNS WHERE THEY TRADE- 215
albeit through the troubles and alterations of times,
the Merchants Aduenturers haue beene forced to change
and leaue their olde marte Townes, and seeke new, (as
hath been partly touched before) yet wheresoeuer they
seated themselues, thither presently re¬
paired other Strangers, leaning likewise Companie of
the places whence the Knglish Merchants f
^ , , , , , ■ ^ to make and diuert a
were departed, and planting themselues
where they resided; so that as long as the
Company continued their Mart, or Staple in a place, so
long grew and prospered that place; but when they for-
sooke it, the welfare and goode estate thereof seemed
withall to depart, and forsake it, as in olde time hath
beene seene in Bridges^ and in our time in some others,
and no maruell; for diligent inquiry being made in the
yeare 1550, by the commandement of the Emperóur
Charles the fifth, what benefite or commoditie came to his
state of the low Countries, by the haunt and commerce 01
English Merchants: it was found, that in the Citie of
Antwerp alone, where the Companie of Merchants
Aduenturers was at time residing, were at least twenty
thousand persons fed and maintained for the most part
by the trade of the Merchants Aduenturers: besides
thirtie thousand others in other places of the low Coun¬
tries likewise maintained and fed partly by the said trade,
partly by endraping of cloth, and working in wool, and
other commodities brought out of England. . . .
THE NUMBER OF "FREEMEN OF THE COMPANY OF M. M. ADVEN¬
TURERS " AND THE STINT OF TRADE.
For it is very well knowne, that the Company of M.
M. Adventurers is sufficient and able enough, and oner
many to buy vp, and vent all that Cloth, and those sortes
2i6 the merchants adventurers of engeand.
of woollen commoditie, made and endraped within the
Realme, wherewith they vsually deale, and which are
vendible in the Countries, whither they trade beyond the
seas; for they are not so fewe as 3500 per-
3500 Freemen of number enhabiting lyondon, &
the Company of M. M. ^ r 4.1, 1
Aduenturers. sundry Cities and partes of the realme,
especially the townes that lye conueni-
ently for the sea, of which a very great many vse not the
trade for that it sufiBceth for al, but are constrained to
get their lining by some other meanes; and to the end
that those which are traders may be equally and indiffer¬
ently cared and soried for, and that the wealthie or richer
sort with their great purses may not engrosse the whole
Commoditie into their owne hands, and so haue all, and
some neuer a whit, there is a stint, and reasonable pro¬
portion allotted, and set by an ancient order & manner,
what quantitie either at once, or by the yere euery man
may ship out or transport which he is not to goe beyond
nor exceed ; which whole stint and proportion, if it were
shipped, or transported out of the lande, would amount
unto yerely the double quantitie of al cloth of those sorts
made in the Realme, which the Merchants Adventurers
deale in ^
^ Compare the following statement by an opponent of the Society
in 1622, with the above : "All the Trade of the Merchants of the
Staple, of the merchant Strangers, and of all other English Mer¬
chants, concerning th' exportation of all the Commodities of
Wooll into those countries where the same are especially to bee
vented, is in the Power of the Merchants Adventurours only ; and
it is come to be managed by 40 or 50 persons of that Company,
consisting of three or foure thousand." Malynes : Maintenance of
Free Trade^ 50.
EXTRACT FROM "THE DEBATE BETWENE THE HER-
AIvDES OF ENGLANDE AND FRAUNCE COMPYDED
BY JOHNN COKE."
Société des Anciens Textes Francais, xxxvii, 114,115.
Concerning your marchauntes of Fraunce, we have
also marchauntes in England, who frequenteth all partes
of the world for traffique of marchaundyse. And especi¬
ally II. Companyes, that is to say, the ryght worshypful
Company of Marchauntes adventurers, and the famous
felyship of the Estaple of Calais, by whom not only the
Martes of Barowe and Andwarpe be mayntened, but also
in effect al the townes of Brabant, Holand, Zeland and
Flaunders. These II. Companies do more feates of mar-
chaundises then al the marchauntes of Fraunce; and for
somoche the worlde knoweth this to be trewe, I pass them
over.^
^ The writer, John Coke, belongs to the middle of the 15th cen¬
tury.
The following was omitted on page 197 :
The text comes to an abrupt stop at this point, but beginning
between folios 202 and 203 is a continuation by another hand. The
rest of this sentence reads: " officers in the said Residence of Don-
don as to the s^ gov"^ Dep'^y & generality there shall seem meet,"
and the entire continuation consists of seven paragraphs, the re¬
mainder of the act. Besides confirming what has already been
granted, the other provisions asked for by the Dondon Residence
are agreed to. The act is signed by Sam^ Free Dep'^.
217
THE CHARTERS OF 1407.
Rymer: Foedera, IV, Pt. 1,107 (Hague Edition).
IN BEHALF OF THE MERCHANTS (TRADING) TO HOLLAND.
Henry, by the Grace of God, King of England and
France and Eord of Ireland, to all to whom the present
letters come, greeting.
Be it known that, as we have heard that through lack
of good and sane rule and government, divers losses, dis¬
sensions, troubles and difficulties have been too frequently
brought about in times past among the merchants of our
kingdom of England and of our other dominions, in the
regions of Holland, Zealand, Brabant and Flanders, and
in whatever other parts beyond the sea which are in
friendship with us, where they live and trade, and that
in all probability still greater losses than these (which
God forbid) may be feared to come to pass in the future,
^ Translated from the Latin text in Rymer. This is the earli¬
est charter mentioned in the Inspeximus of the Society's char¬
ters, R. O. State Papers, Dom. Chas. II, Vol. 27. In the inventory
of the papers of the Company made in 1547, it is designated
as "furste letres patentes graunted unto the said felleshipp
of marchauntes adventurers by Kinge Henry the 4 of Noble
memory." Schanz, Handelspolitik, II, Urk. Bei., 133. Too much
importance has been attached to this charter as marking the be¬
ginning of the society. There is nothing in it specifying that it is
to a special organization of merchants, and it does not differ
materially from the grants made at a still earlier period to English
merchants. The fact that it is the first grant mentioned in the
Inspeximus does not prove that it is the first. The grant by Henry
VI, in 1462, is omitted entirely from that document.
218
THE CHARTER OF I407.
219
unless for the sake of better government among all the
same merchants we quickly turn our protecting hand.
We, earnestly desiring to take precaution against these
losses and dangers threatening both these same mer¬
chants and others from the said kingdom and domin¬
ions of ours, about to frequent the aforesaid parts, and
that they be ruled and treated justly, wish, and by the
tenor of these presents grant to these same merchants
that they may assemble themselves and come together as
often and whenever they please, in any suitable and
proper place, and elect and maintain among themselves
at their pleasure, freely and without danger certain suffi¬
cient and fit persons for their governors in those parts.
We grant further and concede in as far as possible to
these governors thus to be elected by the merchants
aforesaid, the special power and authority of ruling and
governing each and every merchant our subjects, who
hve in those regions, and those moreover who come
and go into these same parts ; of doing full and speedy
justice, either themselves or through their deputies, both
to them and to any one of them in any of their causes
and quarrels which have arisen or may arise among
them in the aforesaid parts, and of adjusting, of en¬
forcing adjustment, of restoring, quieting and bringing
to a peaceful settlement whatever contentions, quar¬
rels, discords and disputes have arisen or may arise
between the same merchants our subjects and the mer¬
chants of the regions aforesaid.
And to redress, repair, make restitution and correct
whatever transgressions, harms, seizures, excesses, acts
of violence and injuries have been done or may be done
through the aforesaid merchants our subjects to the mer¬
chants of the said regions,
220 O'HK MERCHANTS ADVENTURERS OE ENGE AND.
And of requiring, seeking and receiving similar restitu¬
tions, reparations, satisfaction and amends from the mer¬
chants of the aforesaid regions or their deputies,
And by common agreement on the part of the mer¬
chants our subjects before named to make and establish
statutes, ordinances and customs as shall seem expedient
for the better government of the affairs of the same mer¬
chants our subjects in these regions.
And to punish reasonably each one in proportion to the
amount of his wrong, all merchants our subjects, who
oppose, rebel against, or are disobedient to the aforesaid
officers thus elected or their deputies, or any of them, or
against any of their statutes, ordinances and laws afore¬
said.
We will, furthermore, that all just and reasonable
statutes, ordinances and customs be made and established
in the aforesaid manner by the said governors, so elected,
And that all just and reasonable ordinances of the
said merchants, our hege subjects, made and estab¬
lished with the common consent of these merchants for
their government in the aforesaid places, according to
the privileges and authority given to them by the lords
or rulers of the said regions, collectively or individ¬
ually, or to be made and confirmed by the aforesaid
governors, who shall from now on be elected as pre¬
scribed, according to the aforesaid privileges, or other
privileges to be granted to these merchants our lieges by
the said lords or rulers, collectively or individually, that
they be observed firmly and inviolably as in force, firm
and accepted.
We give also as a firm command, to the merchants
aforesaid, to each and every one our subjects, by right
of the present letters, that they shall pay attention to.
THE CHARTER OE I462.
221
consult, obey and assist as is becoming, the same gover¬
nors thus to be elected and their deputies in all and
everything aforesaid, and in due reason preserving the
government and rule, each in his own part without ex¬
ception.
Given in our palace at Westminster, witness our great
seal, the 5th day of February in the year one thousand
four hundred and six ^ and the eighth of our reign.
EXTRACTS FROM THE CHARTER OF EDWARD IV. IN 1462.
Hakluyt: The Principal Navigations, Voyages, etc., 1, 208.^
"A large Charter® granted by k. Edward the 4 in the
second yere of his reigne, to the marchants of England
resident especially in the Netherland, for their chusing
of a master and governor among themselves, which gov¬
ernment was first appointed unto one William Obray:
with expresse mention, what authority he should have.
^ The date, 1406, in the text is based on the style of reckoning
in England after the 13th century, according to which the year
began on the 25th of March. Giry, Manuel de Diplomatie^ 125.
^Richard Hakluyt: The Principal Navigations, Voyages, Traf-
fiques and Discoveries of the English Nation . . . Eondon . . .
1599- 3 volumes.
®This important charter is not found in the Inspeximus of
the Charters (R. O. State Papers, Dom. Chas. II, Vol. 27) by
Howard. The omission is striking, and were it not for direct evi¬
dence to the contrary, might justify the suspicion that the charter
is spurious or that it had reference to another group of merchants.
Its genuineness and the Adventurers' claim to it are, however,
clearly seen by a comparison of its contents with the list of docu¬
ments in the possession of the Company in 1547. Br. Mus., Sloane
MS. 2103, fob 2, published by Schanz: Handelspolitik, II, Urk.
Bei., 133, Items 5, 34 and 35.
222 THE MERCHANTS ADVENTURERS OP ENGLAND.
Edward by the grace of God king of France, & of
England, & lord of Ireland, to al those which shal see or
heare these letters, sendeth greeting, & good wil. Know
ye, that whereas we have understood, as well by the re¬
port of our loving and faithfull Counsellors, as by the
common complaint and report of all men, that many vex¬
ations, griefs, debates, discords, annoyes, dissentions, &
damages, have heretofore bene done, moved, committed,
and happened, and do daily fal out and happen among
the common marchants & mariners, our subiects of our
realmes of France & Englattd, &. our lordships of Ireland
and Wales, & of other our dominions, seigneuries, and
territories, because that good discretion and authority
hath not bin observed among our saide subiects, which
abide, frequente, converse, remain, inhabit, & passe,
aswel by sea as by land, into y® parts of Brabant, Flan¬
ders, Hejiault, Holla^id, Zeland, and divers other countreis
& seigneuries belonging aswell to the high and mighty
prince, our most deere and loving cousin y® Duke of
Burgoine, of Brabant, earle of Flanders, &c. as being in
the obedience & dominion of other lords, which are in
friendship, alliance, & good wil with us: and that it is to
be doubted that through the saide inconvenience and
occasion, many discommodities may ensue & fal out in
time to come (which God forbid) unies we should provide
convenient remedie in this behalfe for our subiects afore¬
said: wherefore we desiring most effectually and heartily
to avoide the mischiefe of the said inconveniences & to
provide convenient remedy for the same, to the end that
the said common marchants and mariners and others our
subiects of our said realms & dominions, which at this
present and hereafter shal haunt and frequent y® said
countreis, may be iustly & lawfully ruled, gouvemed.
EXTRACT FROM THE CHARTER OP I462. 223
and intreated by right & equity in the countreis aforesaid,
and that equity, reason & justice may be ministered unto
them and every of them, according as the cases shall re¬
quire, we being wel assured and having ful confidence, in
the discretion, faithfulnes, wisdome, experience & good
diligence of our most deare and welbeloved subiect Will.
Obray our servant, & in regard of the good, faithfull, and
acceptable services, which he hath done us in our realm
—& among our subiects in times past, & hoping that he
wil do also hereafter, we have made, ordained, consti.
tuted, committed and established, and by the tenour of
these presents, of our special grace, ful power, & author¬
ity royall, we ordaine, appoint, commit, and establish,
(during our pleasure^) to be gouvernor, judge, warden of
iustice, and the appurtenances & appendances thereof,
which we have or may have over our said common sub¬
iects the marchants travailing hereafter as wel by sea as
by land, and abiding in the said countries of Brabant^
Flanders., Henault, Holland, Zealand, and other countreis
beyond the sea, as is aforesaid, together with the wages,
rights, profits, and emoluments heretofore accustomed &
as the said Will. Obray at other times hath had and re¬
ceived of our said subiects when he hath had, used, and
exercised the said ofiice of gouvernor, & also with other
such rights and profits, as hereafter shal more plainly be
declared. And furthermore for our parts we have given
^ Among the list of documents of the Fellowship made in 1547 is
one noted as follows: "Item a discharge of one William Overey
from the rome of governor, dated the 24 day of June anno 1462."
Br. Mus,, Sloane MS. 2103, fol. 22. Schanz: Handelspolitik, Urk.
Bei., 133, Item 34. Unfortunately the document itself has not
been found, and there is no means of determining by whose
authority Obray was discharged.
224 MERCHANTS ADVRN'TURERS OR ENGLAND.
him, and by these presents do give him, as much as in us
lieth, during our pleasure, ful power, authority, and
special commandement, to governe, rule, and cause to be
governed and ruled with good iustice by himselfe, or by
his sufficient lieuetenants or deputies, all and every our
foresaid subjects the common marchants & mariners com-
ming, remaining, frequenting, passing, & repairing from
henceforth into the said countreis of Brabant^ Flanders^
Henault^ Holland^ Zealand^ and other countreyes beyond
the sea, as it is said, and to keep and cause to be
kept, to exercise and maintein, for us and in our place,
the said office of governour, and to doe all such things
which a faithfull governour ought to do, and to take
knowledge and administration of the causes of the said
common marchants and mariners, our subiects, and of
every of them, and of their causes and quarels moved, or
hereafter to be moved in the countreis aforesaid, or
within the limits & borders thereof, and to doe them full
and speedy iustice. And to reforme, cause reformation,
governe, appease and pacifie all contentions, discords,
questions or debates between those our said subiects
moved, or to [be] moved: and to right, redresse, repaire,
restore, and amend all transgressions, domages, enter¬
prises, outrages, violences and iniuries committed, or to
be committed: and likewise to require, to aske, demand
and receive, restitutions, reparations, restaurations, and
amends of our said subiects the common marchants &
mariners, or of their factors in the countreis aforesaid.
And that, whensoever and as often as it shall please the
said governor or his deputies, they may in some con¬
venient and honest place within the said countreis make
or cause to be made, somon, and hold in our name, iuris-
dictions, courts, and assemblies: and in our said name
EXTRACT FROM THE CHARTER OF I462. 225
take administration and knowledge of causes, as it is
aforesaide, and to hold and keep pleas, for and in our
behalfe, and to make agreements, mediatours, and um¬
pires, to iudge, and to make decrees, and to minister
iustice, to ordaine, appoint, censure, and constraine our
Saide subiects to sweare and take all kind of oathes,
which order of iustice and custom require and affoorde,
and to enjoy our authoritie, and to use, execute and
accomplish, by way of equitie and iustice, and to doe, or
cause to be done all execution and exercise of law and
iustice; and to ordaine, appoint & establish sixe Serjeants
or under, to doe the executions & arrests of our said
court Moreover wee will, and by the tenour
of these presents wee give and graunt unto the saide
governour, and to our saide subiects the common mar-
chants and mariners, that as oft and whensoever it please
them, they may meet and assemble in some honest and
convenient place, and by the consent of the said gover¬
nour to choose and appoynt among them at their pleasure,
freely and without danger, certaine sufficient and fit per¬
sons to the number of twelve or under, which we wil
have to be named Justicers, unto the which Justicers so
elected by the saide governour and our saide subiects, as
it is said, and to every of them, we give and graunt
especiall power and authoritie to sitte and assist in court,
with the said governour or his lieutenants, for their aide
and assistance. . . . And furthermore we wil, that all
just and reasonable statutes, lawes, ordinances, decrees,
and constitutions made and established, or to be made
and established, in the countreys aforesaide, by the con¬
sent of the saide governour, and of the saie [sic] Justicers,
shalbe corrected, amended, and made, as they shall see to
bee expedient in this behalfe, for the better government
226 THB MERCHANTS ADVENTURERS OE ENGEAND.
of the estate of the common marchants and mariners our
Saide subiects, and shalbe held as ratified, firme, accept¬
able and approved, . . . kept and obeyed. And also,
of our farther favour and grace wee will and we grant,
that by the consent of our said governour, our said sub¬
iects the common marchants and mariners may make
and set downe in the said countreis, by their common
consent, as often as they shall thinke good for their
better government and estate, such iust and reasonable
lawes, statutes, ordinances, decrees, constitutions, and
customes, as they shal thinke expedient in this behalfe:
which we comand to be kept as ratified, confirmed,
allowed, & approved, available, and established. Pro¬
vided alwaies, that they do not seeke anything preiudicial
to this present power and authoritie given and graunted
by us to the saide governour. . . . And likewise ... we
have ordained and do ordaine, have consented & doe
consent, and by these presents have given & do give ful
power & especiall authority to our said servant Will.
Obray governour aforesaid, that at al time and times
when he shal think good, he may ordaine, elect, chuse,
and appoint in the countreis aforesaid, such ministers,
officers, and servitours as hereafter shalbe named,^ and
^ The officers named are correctors or brokers, alnagers, weigh¬
ers, folders and packers. The merchants are expressly charged to
make contracts only in the presence of a broker, who may "pre¬
sent, report and testifie the said contracts or bargains before the
said governor," and not to employ alnagers, weighers, etc., that
have not been appointed by him. "That it may duely appeare"
that the customs have been paid, unlading and unpacking is
ordered to be done in the presence of the governor or his lieu¬
tenants. Violation of this regulation is to be punished by fines,
"the fourth part of which forfeitures and confiscations shall
be employed to the repairing and maintenance of two chapels
EXTRACT FROM THE CHAR'TER OF 1462. 227
such others as he shal think necessary, and to discharge
them, and to change them, & set others in their roomes,
at his good will and pleasure, unto such a number as he
shall thinke good and reasonable for the time being to be
and receive of our sayd subiects from henceforth yearely,
during our pleasure, all such and like wages and profits,
as he had and received of our said subiects, in the yeare
1458, when hee held and exercised the said of&ce of gov-
ernour, without diminishing or rebating anything thereof,
notwithstanding this present augmentation made, in¬
creased, and done unto him, of our grace and favour: and
that hee shall gather, take, and receive the same in such
forme and manner, as the other money above mentioned
is to be gathered. And to the ende that the sayd William
Obray may have and take possession, season, and en-
terance of the said ofiice of governour in our name we
have and doe place him, by the delivery of these presents,
in possession, season, and entrance of the said ofiice, and
of the rights, profits, stipends, wages, and moneis afore-
sayd, to begin to exercise the sayd office of governour in
our name, the first day of May next ensuing after the
date of these presents, for the sayd William Obray to
founded to the honour of Saint Thomas of Canterburie by our
Saide subjects in the townes of Bruges in Flanders, and of Middle-
borough in Zeland," Compare p. 199, n. i, of this volume.
The governor, Obray, is to receive a fee of "two pence of grosse
money of Flanders " for the seal on goods imported from the how
Countries, "one pennie of our money of England of the value of a
liver of grosse money of Flanders, upon al and singular the goods,
wares and merchandises of our sayd subjects frequenting the sayd
countries," and "yearely during our pleasure, all such and like
wages and profits as he had and received of our said subiects, in
the yeare 1458, when he held and exercised the said office of gov¬
ernour."
228 THE MERCHANTS ADVENTURERS OF ENGLAND.
hold and exercise, practise and use the same, during our
pleasure, with the sayd wages, moneys, rights, and
profites above mentioned, without any contradiction or
impeachment. . . . And you our subiects, the common
marchants and mariners, so behave yourselves, that you
may receive commendation of us for your good obe¬
dience, knowing that such as shall be found doing or to
have done the contrary, we will see them so punished
without redemption, that they shall bee an example to
all rebellious persons. We pray and most instantly re¬
quire in the ayde of equitie, all others our friends, allies,
and well-willers, aswell princes and potentates, as their
iusticers, officers, lieutenants, deputies, commissaries, and
subiects, and every of them in regard of equitie; that
they would vouchsafe, and that it would please them to
give, doe, and lend comfort, ayde, assistance, and prisons
if neede require, to our sayd govemour, his lieutenants,
commissaries, deputies, iusticers, & others our officers
and ministers aforesayd: and herein wee pray them on
our behalfe, and in our owne name. And it may please
them herein to doe so much, that we may have occasion
to thanke them, and to accompt our selves beholding for
the same: and as they would that we should do for them
in the like matter, or in a greater: which we will will¬
ingly doe, if we be required thereunto by them. In wit-
nesse whereof we have caused these our letters to bee made
patents. Witnes our selves at Westminster^ the sixteenth
of April, in the second yere our reigne.
EXTRACTS FROM THE CHARTER BY QUEEN EEIZABETH,
INCORPORATING THE FELLOWSHIP AND MAKING
IT A "BODY POLITICK." JULY, i8, 1564.1
R. 0. State Papers, Dom., Charles II., Vol. 27, pp. 33-69. (Howard.)
. . . We therefore ... at the humble suite and
petition of the said governor and Merchants Adven¬
turers, and in consideration of the faithful and ac¬
ceptable service at sundrie tymes done by the said
Merchants Adventurers unto us sithence we came to our
crowne in diverse the great and mighty affairs of us, and
our realm and for more quietness and surety of our said
1 Space does not permit printing the entire charter; the following
abstract, from the Br. Mus. Cott. Ms. Tib. D., viii, fol. 43, will give
an idea of its scope : i. The name and freedom of the company
incorproated. 2. The governor and assistants named. 3. The
Company incorporated. 4. The Company to choose a governor and
assistant in the Low Countries. 5. Admission of freemen. 6. Jur¬
isdiction to rule and govern the whole Fellowship. 7. Keeping of
Courts. 8. Punishment or fine of disobedience in non-appearance
at Courts. 9. Marriage of foreign women or having lands in for¬
eign countries. 10. Such as were married before these Patents.
II. Making or frustrating of laws. 12. Mak^g laws for such as
are not free. 13. Execution of Acts, rules and ordinances. 14.
The subjects trading into those countries to be obedient to the
governor. 15. Jailors to receive prisoners. 16. Authority to dis¬
franchize offenders. 17. Appointing of officers. 18. Weighers,
porters, ployers and packers. 19. A confirmation of all former
privileges by kings of England or foreign potentates before
granted. 20. Proviso for the privileges of the Merchants of the
Staple. 21. A comanndiment to all officers to assist and aid the
Company. 22. The Queen's Majesty may revoke the grant or so
much of it as shall please her highness.
230 THE MERCHANTS ADVENTURERS OF ENGEAND.
merchants in avoiding and taking away said doubts^
questions and ambiguities, and for other good causes and
considerations us specially moving, are pleased and con¬
tented and of our special grace certain knowledg and mere
motion. Doe by these presents, for us our heirs and suc¬
cessors will ordain and grant that the Fellowship or
Company of the said Merchants Adventurers, by whatso-
euer name or names they be or at any tyme or tymes
have been incorporated united, established named,
called, or known, in or by any charters letters, patents,
or grants of our said grandfather or of any other
our noble progenitors or by force of any Gustóme usage
or prescription shall be from henceforth by force and
authority of these presents, made, ordained, incorporated,
united and established one perpetuall fellowship and
comminalty and body Body Politick and Corporate in
Name and in deed and shall have perpetuall succession
and continuance forever and shall be named, called,
known, and incorporated by the name of Governor As¬
sistants and Fellowship of Merchants Adventurers of
England; and that the said John Marth, Emanuel Lucas,
Sir Thomas Leigh, Sir William Gerrard, Sir William
Chester Knight, Richard Mallorie, Richard Champion,
Thomas Rowe, Roger Martin, Richard Chamberlain,
Rowland Hay ward, Edward Jackman, Richard Lambert,
Aldermen Sir Thomas Gresham Knight, Lawrence With¬
ers, Richard Fowlkes, Lionel Duckett, William Gififord,
William Beswick, Richard Springham, Nicholas Wheeler,
^ The doubts here referred to are explained in the preamble,
where it is stated that since the Company's enforced departure,
owing to the recent edicts, from its former marts in the Low Coun¬
tries to the ports of Germany, questions have arisen as to the val¬
idity of its Charters and privileges.
EXTRACT FROM THE CHARTER OF 1564. 231
George Bafford, John Gresham, John Través, Thomas
Heton, Thomas Rivett, Matthew Field, Henry Vinier,
Edward Castlynne, John Rivers, Francis Robinson, John
Quartes, John Bodeley, William Gravener, John Violet,
Thomas Turnbull, Henrie Beechat, Thomas Blancko
William Peterson, Jeffry Walkden, Thomas Sharkey,
Richard Hills^ John Wilner, William Eaton, Edward
Bright, Edmond Burton, Richard Pipe, Thomas Walker
and William Hewett, and all and every other person or
persons, our subjects which heretofore have or hath been
admitted and allowed and now remaine and be free of the
fellowship or company of the said Merchants Adventurers
lately trading into the said countries of Holland, Zealand,
Brabant, Flanders, and other places nigh adjoining or
any of them for Merchandize and all and every other
person or persons which at any time hereafter by reason
of patrimony or apprenticeship should or ought to have
been admitted received or made free of the said fellowship
or Company by the Orders and Rules of the same, bee and
shall be in such sort free of the said Fellowship of Gov¬
ernor AssivStants and Fellowship of Merchants Adventur¬
ers of England, and with such diversity and distinction in
Freedom and in such manner form and condition to all
4
intents and purposes, as they be should or might have
been free of the said Fellowship of Merchants Adven¬
turers lately trading the said countries of Holland,
Zealand, Brabant, Flanders and other places nigh adjoin¬
ing or any of them commonly called the Merchants Ad¬
venturers by and according to the Rules and Ordinances
of the same Fellowship and in no other maner, forme,
sort quality or conditions. And that the said John Marth
Emanuel Eucas ... be and shall be one perpetual fel¬
lowship or Commonality and Body Corporate in deed and
232 THE MERCHANTS ADVENTURERS OF ENGEAND.
in name and shall have succession perpetual, and con¬
tinuance for ever and shall be called and known from
hence for ever by the same name of Governour Assistants
and Fellowship of Merchants Adventurers of England.
And further we do ordain, create and make the said John
Marth the first and present governor of the same Fellow¬
ship of Merchants Adventurers of England, '4o have and
continue the same room and ofiSce of governor of the same
Fellowship of Merchants Adventurers of England until
such a time as the said Fellowship of Merchants Adven¬
turers of England shall elect and chose any other of the
said Fellowship or corporation to be governor of the same,
in manner and form hereinafter mentioned. And alsoe we
by these presents doe ordeyne, create and make the said
Sr William Gerrard knight, Richard Champion, Thomas
Rowe, Richard Lambert, Thomas Heton, Thomas Rivett,
Mathew Field, Henry Vinier, John Rivers, JoJin Quartes,
William Gravenor, Thomas Turnbull, Henry Preacher,
Thomas Blanche, William Peterson, Jeffrey Walkden,
Thomas Starkey, Richard Hills, John Millner, Edward
Bright, Edmond Burton, Richard Pipe and Thomas
Walker and every of them the first and present assistants
to the said governor and his Deputy and Deputies, to
have and continue the same office roome or stead of As¬
sistants to the said governor and his Deputie and depu¬
ties until such time as the said Fellowship of Merchants
Adventurers of England shall elect and chose others of
themselves to have and exercise the said office, roome,
and seat of assistants in manner and form hereinafter
mentioned . . . We for us our heirs and successors doe
really fully and perfectly incorporate, name, create, estab¬
lish and declare by these presents unto the said Governor,
Assistants and fellowship of Merchants Adventurers of
EXTRACT FROM THE CHARTER OE 1564. 233
England and to their successors that they and their suc¬
cessors by the same name of Governor, Assistants, . . .
shall and may have perpetual succession and a common
scale, which shall perpetually serve for the affairs and
business of the said Governor, assistants . . . and their
successors, and that they and their successors by the
name of Governor, assistants . . . shall and may from
hence forth and for ever more be able and have full law¬
ful and perfect power and ability and capacity in law to
sue and impleade to be sued and impleaded . . .
And moreover we grant . . . that they . . . may
from time to time forever hereafter assemble themselves
together beyond the seas in the countries and towns of
Holland, Zealand, Brabant, Flanders, East-friezland,
West-Friezland, and Hamburg, and the territories to the
same belonging or in any part thereof in such part of the
same where the said Fellowship of the Merchant Adven¬
turers of England shall repayre and be resident and abid¬
ing for the sale of their Merchandizes, and that then and
there the said Fellowship of Merchant Adventurers of
England or the greatest part of them there then being
shall and may at their liberty and pleasures name chuse
and select of the said fellowship of Merchant Adventurers
of England one or more person or persons to be De-
putie or Deputies to the said Governor so from tyme to
tyme to be elected the same Governor Deputy and De¬
puties to be and continue in the said office and offices and
to be removed from the same by the assent of the said fel¬
lowship or of the more part of the same Fellowship so
resiant as is aforesaid at their will and pleasure. . . .
And that the said Governor or his Deputie or Depu¬
ties and the said 24 Assistants or the more part of them
for the tyme being shall from henceforth forever have use
234 MKRCHAN'TS ADVKN'TURKRS OF ENGI^AND.
and exercise full jurisdiction power and authority lawfully
to rule and governe the same Fellowship of Merchants
Adventurers of England and their successors and all and
every merchant and member of the same in all their pri¬
vate causes and suits quarrels and demeanours, offences
and complaints amongst them in the same countries and
towns of Holland, Zealand, Brabant and Flanders East-
Friezland West Friezland Hamburg and the territories of
the same or in any of them rising moved and to be moved
and to reform decide and pacify all manner of questions
discords and variance, between themselves and between
them or any of them and other merchants in the said
countries and towns of Holland, Zealand, Brabant, Flan¬
ders, East Friezland, West Friezland Hamburg and in
the territories of the same or in any of them moved and to
be moved and all manner of tresspasses, hurts, misprisons,
excesses, violences, and injuries, to merchants strangers
in the said foreign countries or in any of them done by the
said merchants of the said Fellowship . . .
And further we for us our heirs , . . grant to the said
Governor Assistants of the Fellowship of Merchants Ad¬
venturers of England and their successors ... to call,
assign, appoint and assemble courts and congregations of
all the said Fellowship of Merchants Adventurers of Eng¬
land as well at the place or places of old time accustomed
within the city of Eondon and elsewhere within this our
realm as also in the said countries and towns of Holland
Zealand, Brabant, Flanders, East-Friezland, West Friez¬
land, Hamburg, and the territories of the same ... as
often and whensoever as to the said governor deputie or
deputies ... it shall seeme and be thought expedient
for the weale of the said Fellowship of Merchants Advent¬
urers of England. . . . ^
^ Power and authority is also given to the Governor Deputy and
EXTRACT FROM THE CHARTER OF 1564. 235
And moreover we greatly minding that the discreet,
honest and decent government heretofore used . . .
should be kept ... do grant to the said Governor As¬
sistants and Fellowship of Merchants Adventurers of
England and to their successors that the said Governor
or his Deputy or Deputies or the said assistants or their
successors for the tyme being or 13 of them which shall
be resiant as aforesaid from tyme to tyme and at all tymes
from henceforth shall and may enact, establish allow and
confirm and also revoke disanull and repeale all and
every Act and Acts Law and Ordinance heretofore had or
made by the said Governor or Deputy and assistants of
the said Fellowship of Merchants Adventurers of Eng¬
land lately trading to the said countries of Holland, Bra¬
bant, Zealand, Flanders, East Friezland, West Friezland,
Hamburg, and the territories of the same or in any of
them or in such part of the same where the said Fellow¬
ship of Merchants Adventurers of England shall repayre
and be resient for the sale of their merchandizes, and
shall and may from henceforth from tyme to tyme at all
tymes hereafter forever enact, make ordain and establish
acts Laws Constitutions and Ordinances as well for the
good Government, Rule and Order of the said Governor
Assistants and Fellowship of Merchants Adventurers of
England and their successors and every Merchant and
Assistants to commit any man to gaol or prison for non-attendance
after being duly summoned; also for "any other offence done or
to be done against the Commonwealth of the said Fellowship or
against any of the privileges to them heretofore or by these pres¬
ents granted," without bail or mainprize, and to punish further by
fines according to the quality of the offence. Marriage with a
foreign woman, or the possession property abroad, involved dis¬
franchisement.
236 THE) MERCHANTS ADV:^NTURBRS OB BNGLAND.
particular member of the same Fellowship or body-cor¬
porate.
As also of all and every other of the subject and sub¬
jects of our heirs and successors intermedling, exercising
and using the seate of Trade of the said Merchants Ad¬
venturers by any means in the said countries and Towns
of Holland, Zealand, Brabant, Flanders, . .
So that the said laws be not hurtful ... to the rights
of the crown . . . ^
In witness whereof we have caused these our Tetters
to be made Patents. Witness ourself at Westminster the
Eighteenth day of July in the six yeare of our Reigne.
^ In the sections immediately following, the Governor, Deputy,,
etc., are authorized to carry the laws thus made into execution
both among the members of the Fellowship and others exercising
the trade of the Merchants Adventurers. All Mayors, sheriffs,
bailiffs and constables are enjoined to aid the officers of the Society
in enforcing the laws.
Power is also granted to appoint one officer or divers officers
" as well within the city of Dondon and in all other our Dominions
as also in the said countries and places beyond the seas ... to
levy and gather all manner of fines, forfeitures penalties and mulcts
of every person and persons of the said Fellowship of Merchant
Adventurers of England or of any other person or persons not
being of the said fellowship offending or breaking any statutes
Dawes, Acts, and Ordinances." Said officer shall have power ta
arrest body and goods in case of default of payment in all and
every place and places "within this our realme and Dominions and
in the said parts beyond the seas."
Power to choose and appoint porters, weighers, measurers,
ployers and packers in the part beyond the sea is also granted.
Then follows a confirmation of all that has ever been granted by
"our noble progenitors," and the proviso that "these our Letters
patents or anything in them contained shall not in any wise be
prejudicial or hurtful to the Mayor Constable and Fellowship of
the Merchants of the staple of England."
THE FELLOWSHIP'S FOREIGN GRANTS AND
PRIVELEGES.
R. 0. State Papers, Dom., Chas. II., 22, 6.
1. Of John the 2^ Duke of Brabant dated the 2^ of July
1296.
2. Of John the 3^ Duke of Brabant dated the 8^^ of Oct.
1315-
3. Of William the 5*^ Karl of Holland & Zealand the
13*'' of Dec. 1408.
4. Of the same dated Mar. 4*'' 1413.
5. Of the same dated Mar. 1413.
6. Of John Karl of Holland & Zealand & dated August
9 1421.
7. Of Jaqueline Countess of Holland & Zealand &c
dated June 24, 1434.^
8. Of Philip Duke of Burgundy & Brabant & Karl ot
Flanders, Holland Zealand &c dated 28*^^ of August 1445.
9. Of the same dated August 6 1446.
10. Of the City of Antwerp dated 12° Aug 1446.®
Of the Karle of the Citty of Berghen op Zoom in
Brabant, dated 8*^ April 1458.
11. Of the same dated September 1469.
^ Compare the ordinance of Duke Philipp of Burgundy June 19^*^
1434, in which he prohibited the importation of all English Wool¬
len cloths and wool yarn for all parts of the Netherlands. A part
of this ordinance is published in Schanz, Handelspolitik, II., Urk.
Bei., 171. Cp. also Urk. Bei., 172 & 173 consisting of extracts
from ordinances providing for carrying out the prohibition.
^Published by Schanz, Handelspolitik II., Urk. Bei., 2, as are
also those of Bergen op Zoom of 1470, Urk. Bei. 3.
237
238 THE MERCHANTS ADVENTURERS OF ENGEAND.
12. Of the same dated 16*'' May 1470.
13. Of the city of Antwerp dated of July 1474.
14. Of the citty and towne of Berghen op Zoom dated
April 1480.
15. By Intercourse between King Henry VII. & Maxi-
millian the Emperor in behalf of his son Philip Arch¬
duke of Austria and I^ord of the Netherlands, ult. ffebr.
1488.
16. By Intercourse called Magnus Intercursus in 26 Ch
the late Treaty with the States General, is grounded &
the same thereby confirmed between the same princes
dated 24 febbr 1495.
17. By the same princes dated 25' of April 1499.
18. Of the Citty of Antwerp dated 20 January 1499.
19. Of the Citty of Antwerp dated 8 January 1501.
20. By Intercourse between King Henry VII & Philip
King of Castile & Tord of the Netherlands dated ult°
April 1506.
21. By Intercourse between King Henry VII & Maxi-
millian the Kmperor in behalf of his grand child Charles
Archduke of Austria & Tord of the Netherlands dated 5'
June 1507.
22. Of Middleburgh in Zealand dated 11 August 1512.
23. By Intercourse between King Henry VIII &
Charles Prince of Spaine & Tord of the Netherlands
dated 4 Jan. 1515.
24. Of the city of Antwerp dated ist of June 1518.^
25. Of the city of Berghen op Zoom dated 16 May 1519.
^ Br. Mus. Cotton MS. Galba, B. ix. 69, contains a list of these
privileges, or " commercial articles" as they are called, "between
the English merchants and the town of Antwerp." Printed in
Schanz, Handelspolitik^ II., Urk. Bei., 23.
FOREIGN GRANTS AND PRIVILEGES. 239
26. By treaty of Intercourse between King Henry VIII
& the Iv*^ Charles the Emperor dated 11'' August 1520.
27. By Intercourse between the same princes at the
Treaty of Windsor dated 19^'' June 1522.
28. By Intercourse at the Treaty of Cambra}'^ dated 5
Aug. 1529.
29. Of the Towne of Antwerp dated 8^'' June & 22 De-
cemb. 1537.
30. By Intercourse betweene the former Princes dated
II«! jífebruary 1542.
31. Of the Eord & Towne of Berghen op Zoom dated
19 of December 1543.
32. By Entercourse between the last mentioned princes
dated 26 Ffebruary 1545.
33. Of Antwerp dated the 20" of August 1548.
34. Of the Earl and Citty of Eastfriezland when the
troubles began in the Netherlands 1564.
35. Of the Citty of Hamburgh in Germany, Embden
being too near the Netherlands 1566.
36. Of Stade in Germany 1578.
37. Of the townes of Middleburgh in Zealand after the
United States had renounced the King of Spain dated 5*''
October 1582.
38. By the States General dated c¡' January 1586.
39. By the same 14" of July 1598.
40. By the States General dated 14 of June 1599.
41. Of Embden dated 9 November 1599.
42. Of Stade dated 18" of November 1608.
43. Of Hamburgh 1611.
44. Of Middleburgh dated 10" of March 1616.
45. Of Hamburgh 1616.
46. Of Delft in Holland 1621.
47. Of Embden 13 November 1630.
240 THK MKRCHANO^S ADVENTURERS OF ENGEAND.
48. Of Rotterdafn in Holland dat 5 Ffeb° 1634.
50. Of Dordrecht in Holland dated Nov. 1655.
So their Marts at present are for Germany, Hamburgh,^
for the Netherlands, Dordrecht.
ABSTRACT OF PRIVILEGES AGREED ON BETWEEN THE
CITTY OF DORT AND THE COMPANY OF MERCHTS
ADVENTURERS IN ENGLAND, RATIFIED 29
NOVEMBER, 1655.2
R. 0. State Papers, Dom. Chas. II, Vol. 275, 82.
The City covenanteth
I. That the company shall freely securely and peace¬
ably hold and continue their residence and Trade of im¬
portation, exportation, buying and selling all sorts of
merchandize whatsoever within the said city paying the
customs due for them, excepting the customes of all
clothes, Kersies bayes and English beere, which they
shall receive from England, Hamburgh or any other
place of their residences, And promise to procure from the
^ The privileges of the Adventurers in Hamburg granted in 1567,
are printed in the Appendix to Ehrenberg, England und Hamburg.
The text is in Latin, from a copy in the Lübecker Staats-archiv.
The Hamburg original was destroyed by fire in 1842; that of the
Adventurers has not been found.
2 The Concordat between the city of Dort and the Adventurers
was for fifteen years, but in 1666, as a result of the war with
the Dutch, the privileges of the company were suspended both by
the States General and the city. The following year the Society
was re-instated. I have been unable to find the original of these
privileges which consists of 58 articles. That of the city of Dor¬
drecht had the seal of the Adventurers and of the municipality.
It was preserved in the Stadt-archiv, Weeskamer, Lade, H, No. 7,
in 1783, but at the time of the making of the new catalogue some
years ago it could not be found, and it is apparently lost.
ABSTRACT OP THP PRIVITPGPS AT DORT. 241
States Generali the like freedom of custome upon all other
sorts of woollen manufactures.
2. That the citty shall from time to time procure for
the company (when they shall demand it) shippes of warr
to convoy their ships and goods from Dort to any port of
Bngland without any charge to the company.
3. That in case of shipwreck the Company shall enjoy
the same privileges as the Burgers and to restore all that
shall be saved, paying only the charge of salvage, and
promise to procure the like for the company from the
States of Holland for all parts of the Province.
4. That if any of the Company or their adherents be
wounded or slain, within the liberties of the citty, that
present apprehension shall be made of the offender and
speedy execution of Justice.
5. That if any damage be done to the company's ships
by cutting or stealing any of their Tackle or appareil, the
offenders shall make full restitution of damages.
6. That if any goods shall be stolen from the Company,
either secretly or by force, if they can be found they shall
be restored to the owner; whether they be found in the
hand of the thief or upon the markett, and the of&cers of
the citty shall be bound to make search for them wher¬
ever the owner shall direct, and restore them if they be
found.
7. The citty grant to the Company the Church named ^
to exercise their own religion in, and to maintain it in
reparation at the citties charge, with liberty to ye com¬
pany to bury their dead; and that no other use shall be
made of it, either for divine service or burial without con¬
sent of the Company.
^The Court Church at Dort was known as the "Wynkoopers
Kapel," and was sometimes called the " Ijzeren Waag."
242 THÏ: MERCHANTS ADVENTURERS OF ENGEAND.
8. That the citty shall provide for the Company a
privileged House and Gardens ^ to their contentment as
long as they shall reside in the citty, and to fit it for the
habitation of their Deputy Governor, chaplain, secretary,
two hosts of the Company and three Beadles, and a
reader for the church, and therein the Company have
free liberty to assemble and keep courts—for the exercis¬
ing of their government and privileges and if all the
ofiicers of the Company cannot be accomodated within
that ground with convenient houses, they shall be pro¬
vided otherwise at the citties charge and both one and
the other be kept in good repair at their charge.
9. That the Company and all their adherents shall as
well in ye said publique House, as in their private habi¬
tations, take in all sorts of Beer and wine and other house
provisions without payment of Kxcise, provided that the
publick Hosts of ye Company nor any private person
shall not sell any of it to any but the members of the said
Company and their adherents,—and that every single
member of the Company living in a private House may
take in every year fourty Tonn of Turfe and a pportion oí
wood clear of excise, and that the widows of the members
shall enioy the same freedome of Excise as long as they
remain in that citty, provided that every member of the
said Company shall exhibit a Ticket into the Excise OfiSce
under the hand of the Deputy or Secretary of what pro¬
vision he takes therein.
10. That the Company and their adherents shall be
freed from all watch and ward, charge of garrisons and
all contributions personall or real whatsoever, that are
^The buildings and gardens occupied by the Fellowship were
known in Dort as " Het Hof." They are now used by the city as
a school.
ABSTRACT OR THR PRIVITKGRS AT DORT. 243
already laid upon the Burgesses and subjects of ye citty
or shall hereafter be laid, either by the States Generali or
the citty, and that all the members residing in Kngland,
or in any parts beyond the seas, shall enjoy the same
freedome within the citty.
11. That no English or Scotch soldiers shall be quar¬
tered within the citty, nor any officers or soldiers of any
nation whatsoever shall be quartered within the Publique
English House or ye houses of any of the members of
the Company or in the House of any Burger wherein any
of the members of the Company lodge or have their
warehouses.
12. The Citty grants to the Company to settle their
government according to their charters, in such persons
as they shall see fitt, and that they may exercise and ad¬
minister civil jurisdiction to all of their own nation—
definitively according to their own customs and constitu¬
tion and to execute the same according to their own
charters; and that the magistrates of the town shall as¬
sist in the execution of the sentences of the Company, and
that the Company shall administer the goods and estates
of all their members and adherents that shall die or be¬
come insolvent, within the citty and liberties thereof, and
likewise of all the English subjects, and to give such pre¬
ference and concurrence for payment out of the estate as
they shall see fitt, and that all the Burgers and inhab¬
itants of the citty, that have any pretense to any debts
due from the party so dying or becoming insolvent, shall
submit to the judgment of the English Company.
EXTRACTS FROM THE COURT REGISTER OF THE
ADVENTURERS.^
712, g, 16
Br. Mus. Pamphlets, 2
AT A COURT HOUDBN MARCH 4, 1603.
The brethren of this Company assembled together, doe
hold it very requisite for the better carriage of their Trade,
that suite shoulde be made unto the kings Majesty, by
the means of my Tord Chancellors to be preferred that
in the confirmation of the Companies Charters of Privi¬
leges, this also might be added and inserted, that the
Company in their Courts as well in Kngland as beyond
the Seas to be holden, may impose reasonable fines and
penalties upon such subjects of this Realme, not free of
this Company, that shall ship woollen commodities into
the countries and Places where they are privileged,
thereby to cause such intruding subjects to desist from
that trade, which properly appertains to the Company of
Adventurers. In consideration whereof, and in hope of
^ The records of the Merchants Adventurers have not been dis¬
covered. Apart from the Lawes, Customes etc., published in this
volume, only the most scanty extracts from the private books and
registers of the Fellowship have appeared. Even in the few cases
where such has been found, no absolute proof of their authenticity
can be established. These extracts from Court proceedings are
taken from a pamphlet which came to my notice in the British
Museum. It is entitled "A Discourse of Motives," etc., and was
written by an opponent of the Society. He concludes his excerpts
with the statement ' ' The transcript of this oath and orders were
truly extracted out of their own Register and is concordant with
the original."
244
EXTRACTS FROM THE COURT REGISTER. 245
the more favor in some other suites they meane to move
hereafter, they are pleased that the kings majest}'- may
have and receive the one moity of all such fines and pen¬
alties as shall be imposed upon such intruders ; and
further they agree to yield unto his majesty in respect
aforesaid, an annual rent of 50;^ or 100 Marks per
annum.
AT A COURT HOUDEN OCTOBER II, 1606.
Letters from the Brethren at Middleburgh of the fourth
of October 1606 were made publique, they gave knowl¬
edge that they have agieed to the augmentation of the
general stint, and of the j^early and monthl}'- number of
clothes to be shipped out upon the free licence, referring
us to the specifications of every man's proportion of
stint sent with their letters, and now read; which pro¬
portion of stint all the trading brethern are enjoyned not
to exceed within the compass of any one j'ear, upon
penalty of 40 s. per cloth, and to prevent abuse they or¬
dain every brother that shall ship any woollen commodity
shall be yearly purged upon his oath, the form whereof
was now sent and read also; and in case any should re¬
fuse or neglect to take the said oath by the last day oî
August every yeare, then he to pay 2Q)£, sterling and to
have no benefit of the free licence until he hath taken
the said oath.
AT A COURT HOUDEN NOVEMBER 16, 1623.
The Court had consideration according to the season o
the yeare, of their yearly presents to such honourable
persons as they have received favours from; and first for¬
asmuch as they have been extraordinarily bound to the
favours of the Lord Treasurer, the remembrance is now
to be enlarged at New Yeares tide, and that they shall
16
246 THE MERCHANTS ADVENTURERS OF ENGEAND.
present his Lordshipe with 200 pieces of 22s. in gold and a
piece of plate as an acknowledgement of his lordships
especial favors.
Moreover to the Lord Duke of Buckingham.
To the Archbishop of Canterbury.
To the Lord Treasurer (To Mr. Secretary Calout.
To the Lord Keeper I To Mr. Comptroller &c.
AT A COURT HOEDEN APRIE I9, 1634.
"Master Withers did exhibit two severall Papers to
this Court to be considered of, concerning what abate¬
ments should be made for all defects of Cloth whether in
weight, length or breadth, as also some points for the
ordering of tarre which he desired might be commended
to the courts at Hamburg and Delfte, that they might
consider thereon and further advise of any other course
thereon and it was accordingly ordered; but the Court of
Hamburg is to be desired to make no act in this business
till they have acquainted this court with opinion thereon.
As for that Mr. Withers desired that no brother should
buy any white cloth that is made in Gloucestershire,
Wiltshire, Oxfordshire, and the Eastern limits of Somer¬
setshire, without abatements for all faults in which they
shall be found defective, etc.^
^ It was so ordered upon pain of 20 s. forfeit, but nothing was to be
done till the Lords of the Privy Council gave their consent; not¬
withstanding it was done without, on May 21, 1634. On this the
author comments as follows: "It is worthy the observing when
this order was made, even about the time when they had by their
often gifts at news years tide, and other left handed means, got
their authority to be proclaimed for restraining all merchants, not
free of the Company, of transporting any woollen commodities, or
to pay loo;^, and come into the company; then they make this
order to curb the poor Clothier to abate for defects as much as
they please."
THE ORDINANCE OF 1643.1
Br. Mus. Pamphlets, 669, f. 7 (50).
An Ordinance of the Lords and Commons in Parliament
Assembled^ for the upholding the government of the Fellow¬
ship of Merchants Adventurers of England to the better
maintenance of the Trade of Cloathing and woollen manu¬
facture of the Kingdome.
For the better encouragement and supportation of the
Fellowship of Merchants Adventurers of England, which
hath been found very serviceable and profitable unto this
State; and for the better Government and regulation of
Trade, especially that ancient and great Trade of Cloath¬
ing, whereby the same will be much advanced to the
common good, and benefit of the people; The Fords and
Commons in Parliament doe ordaine that the said Fellow¬
ship shall continue and be a corporation, and shall have
power to levy monies on the members of their Corpora¬
tion, and their goods, for their necessary charge and
maintenance of their government: And that no person
1 This ordinance, passed on October nth, 1643, affords a definite
indication of the side espoused by the Fellowship in the Great
Civil War. It is not likely, that the Adventurers were all of
one mind concerning the great national questions, but from re¬
liable evidence I am satisfied that the great body of the Society
was on the side of parliament ; frequent loans from the Fellowship
of large sums are made to parliament during this period. (Cf. p. x,
n. 2.) It is also worthy of note that the attempt to force the king¬
ship on Cromwell emanated from men high in the councils of the
Adventurers. Sir Christopher Packe, the prime mover in the ordi¬
nance of 1656, was also the Governor of the Society. Thurloe,
State Papers, vi., 74.
247
248 merchants adventurers oe engeand.
shall Trade into those parts, limited by their Incorpora¬
tion but such as are free of that Corporation, upon for¬
feiture of their goods. Provided, that the said Fellow¬
ship shall not exclude any person from his Freedome and
admission into the said Fellowship, which shall desire it
by way of redemption, if such person by their custome be
capable thereof, and hath been bred a Merchant, and
shall pay one hundred pounds for the same, if he be Free,
and an Inhabitant of the City of Tondon, and Trade from
that Port, or fifty pounds if he be not Free, and no In¬
habitant of the said City, and Trade not from thence;
and that the said Fellowship shall have power to imprison
Members of their own Company in matters of govern¬
ment, and to give such an oath, or oathes to them, as
shall bee approved by both Houses of Parliament. Pro¬
vided, that all Rights confirmed by act of Parliament or
Ancient Charters, shall hereby be saved, and the said
lyords and Commons do further ordaine, That with all
convenient expedition, a Bill shall be prepared in order
to an Act of Parliament to be passed in this present Par¬
liament for the further setling and full confirming of
Priviledges to the said Fellowship, with such other
clauses and provisions as shall be found expedient by
both Houses of Parliament: This Ordinance to remaine
in full force, untill a Bill or Act shall be prepared and
passed, according to the intent and true meaning of this
Ordinance. And it is ordered, that this Ordinance be
forthwith Printed and published, that all persons con¬
cerned therein may take notice thereof, as appertaineth.
John Browne, Cler. Parliamentorum,
H. Klsyng, Cler. Pari. Dom. Com.
EXTRACT FROM THE ACT OF 1688 " LAYING OPEN " THE
TRADE OF THE MERCHANTS ADVENTURERS.
Statutes of the Realm, 1 William and Mary, c. 32.
an act for the better preventing the exportation of
wooee and ENCOURAGEING the wooeeen manufactures
of this kingdome.^
And for the better Kncouragement of the Manufact¬
ures as well as the Growth of Wooll, Be it further enacted
by the authority aforesaid, That from henceforward it
shall and may be lawful to and for any person or persons
whatsoever, to buy any cloath. Stuffs, Stockings or other
Manufactures of Wooll made in the Kingdom of England
Dominion of Wales, or the Town of Berwecke upon Tweed
and the same freely without Molestation or Trouble what¬
soever, to Export into any parts beyond the Seas, paying
the usuall Customs.
Provided, that nothing contained in the Act, shall be
construed to avoid the Charters and Grants made to the
Levant Company, to the Eastland Company, to the Russia
Company, to the African Company, or the Priviledges
granted to them, or any of them.'
^ The first nine sections of the Act make provision for the prohibi¬
tion of the export of wool, wool-fels, mortlings shortlings yarn
made of wool, wool-ñocks, fullers-earth, fulling-clay and tobacco-
pipe clay. Section ten contains the clause affecting the trade of
woollen manufactures here given.
^In these two paragraphs the Merchant Adventurers are de¬
prived of their privileges. Why they alone are thus disfranchised
and the other companies specially excepted I have been unable to
ascertain.
249
EXTRACTS FROM THE CORRESPONDENCE OF MR.
RYCANT, THE ENGLISH RESIDENT AT
HAMBURG.
R. 0. State Papers For. Off., Ham. No. 8.
A "I.ETTER FROM PAUE RYCANT (THE RESIDENT AT HAMBURG)
TO RT. HON. EARE OF NOTTINGHAM HIS MAJESTIES PRIN¬
CIPAD SECRETARY OF STATE." AUG. 2, 1689.
I can now give y" Ivord®''^ tlie newes of my amvall at
this place on the 18*'' Inst, with the five ships belonging
to the Comp" of this place laden w'^* cloth, and other
woolen manufactures of Kngland I was both
on my way from Gluckstadt heither, and at this place,
received by the English merchants w^^ the same re¬
spect and honour which is usually paid to his ma"®" Resi¬
dent and I am now lodged at the English hous, untill I
can be provided with a hous of my owne. . . .
DETTER OF PAUD RYCANT HIS MAJESTIES RESIDENT.
.... I finde the trade of the Hamburg Company in
this place to be very great in the woollen manufactory of
England, have exported in the five last ships above the
value of ster., but that which gives our merchants
here great discouragement is the surprising news, that the
parliament is laying their trade open and give liberty to
whomsoever, that will to export cloth and other woolen
manufactory into these parts. If such an Act, my Eord,
as this should passe in general terms, without providing
for the safety of the company's charter and privileges
abroad and that free trade in the woollen manufactory of
250
CORRESPONDANCE OF MR. RYCANT. 251
our nation be granted to all persons whatsoever, as well to
the River of Elbe, as our mart towns in Holland, the
Comp* will loose their great privileges, they now enjoy in
this place, and which have always been esteemed of great
advantage, not only for the sale of our woollen manu¬
factory but also upon many accounts to the nation in gen¬
erali; and if the same be once lost, they will ever here¬
after be irrecoverable. Upon the rumor of this intended
libertie of trade, several foreigners already discourse to
the Comp* disadvantage
LETTER FROM PAUL RYCANT. SEPT. 6, 1689.
In my former letters I presumed to acquaint your
Lordship with my thoughts of the great prejudice and
damage which would attend the trade of our woolen
manufactory, in case that the Companie of Merchant Ad¬
venturers should be laid open. But since, I understand,
that the act has been passed nothing but time and experi¬
ence will be able to verify and confirme the truth of my
arguments : untill which is done I desire to know, in
what manner I am to comport and behave myself in case
the government of this city should repeale and make void
the priviledges and immunities granted to the Company of
Merchant-Adventurers which were no longer to continue
in force, then the companie remained a body corporate
which being now disfranchized in England; I know not
how I should answer in case I should be asked the reason,
why our priviledges should not terminate with our charter
in England, on which all our priviledges are grounded.
But I cannot of all things in this world comprehend, why
and for what reason the trade of Turkey and Africa, &c
should be continued in their usnal regulations and that
only of the Merchant-Adventurers be laid open to all for-
raigners and Traders whatsoever, . . .
252 THE MERCHANTS ADVENTURERS OF ENGEAND.
EETTER FROM PAUE RYCANT, OCT. 4, 1689.
I have now before me your I^ordships of the 24th of
September which is very full of reason and satisfactory in
the great matter relating to the subsistence and priviledges
of the Hamburg Comp' for which both I and they and all
relating to that society are much obliged to the favours
of your Lordship. '
EXTRACT FROM A EETTER BY RYCANT. MAR. 7, 1690.
I have for sometime had a contest with the govern¬
ment of this city, touching some points in the concordat
relating to the affairs of the Merchants: which is now
reduced to this issue that a conference is appointed to be
held (which I design to have at my hous) and in case it
succeeds not according unto right, and the privileges
granted to our Companie, I shall then appeal unto Majes¬
ties favour and discretion therein, intending to follow
the commands of his Majesty to maintain the rights and
privileges of this Companie, notwithstanding the late act
of parliament opening the trade to all such as shall export
the woolen manufactories of England, without any other
abatement or diminution of the other privileges to the
Companie.
POSTSCRIPT OF RYCANT'S EETTER OF MAY 16, 1690.
Yesterday my Lord Hyde came to this city, where I
and the Merchants received him with the respect due to
the sonne of a Nobleman of England, and of the Govenor
of the Hamburg Companie.
^ In a letter of the iSth, Rycant tells of his having submitted his
L/ordship's letter to the General Court which desires him to thank
his Lordship. In the meantime if the Senate desire to abrogate
the Company's privileges he will demand their continuance in the
name of His Majesty. They do not apprehend any evil effects from
Englishmen coming into their trade; it is strangers whom they fear.
LETTER FROM THE STATES GENERAL OF HOLLAND
TO THE TOWN COUNCIL OF DORT, IN 1751.^
Resolutien van den Oudraad, 1751, biz. 25. Dordrecht.
Honorable, wise, thoughtful very discrete Gentlemen,
So we did at our meeting of the 30th December
last approve and resolve that Samuel Jay, English
Preacher,
Cornelia van Dorst, widow of Grès,
Johan Holterap, English reader.
Jan van Gelder, bell-ringer
in consideration that all the persons just named are
survivors (left overs) of the English Court by whom they
were chosen and appointed, should have and enjoy
freedom of the country's imposts; but that those who
might be called into their places and be appointed
after them, should be held to pay the country's taxes
the same as all other inhabitants. Thus we judged it
necessary to inform your Honor by letter of the above, in
order that, in the case of the appointment of other persons
in their stead, you could regulate yourself according to it.
Wherewith honorable. Wise, Thoughtful very discreet
Gentlemen we recommend you to the gracious protection
of God.
Given in the Hague the 5th of Jan. 1751.
By order of the Committee of the Council
Sara Notemans, sexton
and
church at
(sig)
A. v. Straten.
^Translated from the Dutch.
253
LETTER FROM LORD BUTE TO MR. MATHIAS.
JULY 28, 1761.
R. 0. State Papers For., No. 74.
Having received and laid before the king your dis¬
patch of the 17th inst, wherein you mention the desire of
the French Court to extort from the Senate of Hamburgh,
by keeping on the Embargo upon their ships trading to
France, the point which they have long had in view, of
the Establishment of a French Company there, with the
same privileges as those so long enjoyed by the British
Society of Merchants; His majesty was glad to see, j'^ou
was of the opinion that the minister of that town was not
like to succeed therein, and as a grant of that kind in
favor of France must be very prejudicial to the Interests
of the kings subjects. His majesty depends upon your
keeping a watchful eye upon what may pass, in regard to
such a solicitation, and upon your doing your utmost to
prevent the concurrence of the Senate in an Innovation
that must give so just a subject of offence to the king.
I am &c. Bute.
extract from the french note in regard to the
establishment of a french company
at hamburg.'
. . . And as this condition (the embargo) might
^The document from which the translation is made is a copy of
the French solicitation sent to Bute in August, 1761. On Sept.
15th, Mathias writes in regard to it, "Your Lordship will observe
by the contents of the said answer that there does not appear to
be any apprehension that the Senate will ever condescend to any
proposals made to them on the part of France for establishing a
trading company in the city with the same privileges which the
British Factory enjoy here ..."
CORRESPONDENCIA OP SIR EDWARD THORNTON. 255
bring about that a French company of commerce would
be established in your city, with the same privileges as
those enjoyed by the British Society these two hundred
years past; the establishing of such a company, as you
are well aware gentlemen, the Court of France has had
in view for a long time, and for which purpose it has
caused proposals to be submitted by the late M, Poussin
and to be continued, although without success by M. de
Champeaux. ...
EXTRACTS FROM THE CORRESPONDENCE OF SIR
EDWARD THORNTON, MINISTER PLENIPOTEN¬
TIARY TO THE CIRCLE OF LOWER SAXONY
AND RESIDENT TO THE HANSE TOWNS.
R. 0. State Papers, For. Ham., No. 28.
THE SECOND PARAGRAPH OE THORNTON'S INSTRUCTIONS.
MAY 4, 1805.
2. You shall upon all occasions give countenance and
protection to our subiects, as well merchants as masters
of ships, and others trading in those parts and particularly
to the Company of Merchants Adventurers; taking care
that the privileges and immunnities which they have
time out of mind enjoyed, be not violated or encroached
upon . . .
EXTRACT PROM A TETTER BY THORNTON. JUNE 4, 1805.
I announced some days ago to the English Company
of Merchant Adventurers residing in Hamburg my arrival
with the character of His Maje.sty's Minister; and I was
256 THE MERCHANTS ADVENTURERS OE ENGLAND.
waited upon a few days after by a deputation from that
Body to congratulate me upon this occasion, and to offer
me the Freedom of their Society, which is to be presented
to me on the 29th of this month.
(Right Honorable Lord Mulgrave.)
EXTRACT FROM A LETTER BY THORNTON. JULY 5, 1805.
The French have as I understand, frequently de-
manded of the Senate the establishment of a company
with privileges similar to those granted to the English
Company of Merchants Adventurers, so long ago settled
in this Town, and although the privileges of the latter
are in themselves little more than local Distinctions, and
influencing in a very small Degree indeed the general
Commerce of His Maj'esty's Subjects, yet the Town has
hitherto very properly resisted a demand, which if con¬
ceded to the French now, would probably have much
more extensive effects, than the obsolete concessions made
to the English Company.'
^ I have not found any clue to the fate of the Company after
1805. During the occupation of Hamburg by Napoleon, its activi¬
ties were of course suspended, and it is quite possible that they
were resumed after 1813. The prolonged continuance of the
Fellowship at Hamburg down to a date so comparatively recent
has been quite unsuspected ; the accounts of the Adventurers by
present day writers all conclude with a much earlier period.
CONTINUATION OF THE BY-LAW OF 1688.^
That no Governour of the Fellowshipp shall be chosen
hereafter without the foreknowledge & Consent first had
of the Residence of Tondon And that the Governour
of the Fellowshipp or his Deputy in the Residence of
London togeather with the Generality of the said Resi¬
dence shall have and Wee doe hereby give them free
liberty Lycence Sole Power & Authority from time to
time and at all times hereafter to Elect & Choose &
appoint a Deputy and soe many Other ^ ofi&cers in the
said Residence of London as to the s*^ gov*^ Dep"®® &
generallity there shall seem meet for the dispatch of the
business of the said Residence of London with such
salaries & availes as they shall think fitt . . . and to
amove put out and displace the same at their Will &
pleasure . . and that the said gov*^ or his Deputy in the
Residence of London together with the generallity of the
Residence shall also have and wee do hereby give them
ful Liberty, Lycence sole Power & Authority to Elect
choose and appoint out of the Members of the said Resi¬
dence such Persons to be a special committee or associates
in & for the said Residence of Loudon as they shall think
fitt & to remove & displace the same at their like will &
pleasure,
^The introduction of the Continuation of the By-law at this
place is due entirely to accident. It was deemed preferable to
give it here than to omit it entirely. The first part of the order
will be found on page 197, see also note on page 217.
' Up to this point this paragraph is a repetition of the last one on
folio 201, the repetition occurring in the manuscript.
257
258 THE MERCHANTS ADVENTURERS OF ENGLAND.
2. And it is hereby likewise enacted and ordered that no
bye law Statutes Rules and Orders or Constitutions for
the government of the said Fellowship shal at any time
hereafter be made or established without the consent first
had of the Residence of Fondon—And further that those
Bye Faws Orders Rules & Statutes & Constitutions
which are already made and not repealed by this present
Investment shall be delivered soe soon as conveniently
may bee and in the meantime remain in full force until
any alteration shall be agreed upon by the joint consent
of the said Residences of Fondon & Hamburg.
3. And it is hereby enacted and ordained that no Im¬
positions Rates or Duties relating to trade shall be
assessed taxed or imposed without the consent first had
of the Residence of London—And for the more firm
settling & securing unto the said Residence of London
and their successors all and every the Lycences Powers
& Privileges hereby intended them It is Declared noted
enacted and ordained that this draught or Instrument
shall pass and from word to word be truly entered and
enregistered in our book of ordinances as a standing
order and shall remain irrevocable without the consent of
the said Residence of London first had to refer that pur¬
pose signified under their common seal and subscribed by
the governor or Deputy of the said Residence of London
for the time being.
And in case it should so happen that the said Residence
of London should at any time hereafter find cause or
think fitt to waive suspend or relinquish the privileges
hereby given & intended them or any part thereof That
it shall nevertheless be lawful for the said Residence of
London at any time or times afterwards at their own Will
& pleasure to Resume & take again to themselves the
CONTINUATION OF THF BY-FAW OF 1688. 259
said priveleges so waived or suspended in part or in all in
as full & ample manner as they are hereby granted and
intended to be granted them and as if they had never
been waived or suspended, Without the least contradic¬
tion opposition lyctt or hindrance of this Residence of
Hamburg—which accordingly shall take its full effect
and orce so soon as tUe »«.Id Residence of hondon shall
at any time or times have signified their resolutions
therein by any writings subscribed by the gov or Dep*^ of
the said Residence under their common seal to the Resi¬
dence at Hamburg.
And for the further satisfaction of the said Residence
of London and for the sure making and securing of the
Priveleges to them. It is hereby declared noted enacted
and ordained that if at any time hereafter any member or
members of the said Fellowship residing in this Residence
of Hamburg shall attempt move insist or vote or cause or
procure any other person or persons to move, insist or
vote for abrogating or making void or repealing or
diminishing the Lawes & Priveleges hereby granted or
intended to the said Residence of London without their
consent first had in manner as aforesaid that such mem¬
ber or members and each and every of them shall Forfeit
and pay to the use of the Fellowship Fifty Pounds Ster¬
ling without any favour or abatement Provided such
member be first admonished or acquainted with the con¬
tents of this standing order which the Secretary of this
Residence of Hamburg is and shall be obliged and bound
to publish and make known from time to time to every
member as occasion shall require on Penalty cf Fifty
Pounds Steiding to the use of the Fellowship & the loss
of his place all which forfeitures shall be levied paid &
26o THE MERCHANTS ADVENTURERS OF ENGEAND.
disposed of to such uses as the Residence of I^ondon from
time to time to Direct and appoint.
Finally it is ordered and enacted that this Instrument
being now ordained noted confirmed & established by the
Deputy Assistants & Fellowship of the Merchants Ad¬
venturers of England in this Residence of Hamburgh a
true copy thereof from word to word being fairly written
and subscribed by the present Deputy at Hamburgh &
ratified under the common seal of this Residence shall be
transmitted to the Residence of Eondon to be Enregis-
tered in their Book of Orders and thereto remain upon
Record.
Actum in Hamburgh at a generali Court held there
the two and twentieth day of October A D 1688.
[E S] SAM^ FREE Dep'^.