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John Roberts Boyle Merchant Adventurers of Newcastle-upon-Tyne.

Extracts from the records of the Merchant Adventurers of ..., Volume 101

. (page 15 of 32)

deed. At last they sayd they would not decline any friendly way of
composure, nor any publique way of tryall, which seemed to me to be
a very faire answeare, and I tould them I would acquainte your
Company therewith. And therefor I now thinke it conceraes you to
put the busynesse to an issue, and to send upp some of yourselves
against the next tearme, for without some of yourselves being present
I will not adventure to appeare before the Company, and then we
shall either doe it in a friendly way or prepare to battaile. They
tooke occasion to tell me that their Governor at Dort had writt letters
to M'. Nicholson their Deputy Governor at Newcastle which did not
receive that freindly answeare that they expected. This is all the
account I can give at present, being ready to receive your commands
what you thinke fitt to nave further done herein, and remaine

Your very humble servant,

John Rushworth.
December 3*^^ 1663.

I forgett to acquaint you that they tould me that they insisted
upon a charter granted in the 6 yeare and in the 28 yeare of Queene
Elizabeth which they [say] excludes all other charters, and sayd lett
the Merchant Adventurers of Newcastle examine their charter with
that order which they pretend unto, which they say will convince any
reasonable man that all adventurers ought to be subiect to their
charter. These were their expressions to me which I thought fitt to
acquainte you with, alsoe that you may come to some soUome
resolution amongst yourselves what you will further doe in this
concemement.

[14 Dec. 1663.]

Sir, — Your letter of the 3** instant we received, but that which
you say was sent by the then foregoeing post came not to hand.
That we received was published at a court yesterday, and the
company are resolved forthwith to prosecute the difference betwixt
the Company of Merchants Adventurers of London and this at the
Councell Board ; and desyres you would have in readynesse all those
papers that are in your or Mr. Hartlib his hands, which any way
referrs to the same, and perteculerly that reioynder may be (if it be
not already) faire writt and a coppy thereof sent us forthwith ; and
that you would not conclude it untill you heare from us, for we have
new matter of ffreviance to add, which shall be soe soone as our
recorder comes home, who is dayly expected. "We hope upon the
receipt of ours of the 28*^ of May 1661 (when we remitted you 100".



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by two bills) you retained that councell we then advised ; and ^
desyres if then they were not, now they, or soe many of them as Sir
Thomas Widdrington and you thinke fitt may be retained with what
others you thinke needefall. If it is intended all charters should be
called in we againe pray you gives us tymely notice thereof, that we
may endeavour the preserveing ours. We desyre you to consult with
Sir Thomas Widdrington when will be fittest tyme for the putting in
of our reioynder, and for our gentlemen to come upp. Thus rests

Your loveing freinds the Governor, &c.
Newcastle, December the 14*^ 1663.

[26 Dec. 1663.]

Sir, — Our' last to you was of the 28*^ August, in answere to yours
of the 30*** of July 63, wherein we truely acquainted you who it was
that then declined a meeting in order to a freindly composure of
the long difference betwixt the Company of Merchants Adventurers of
London and this ; for when our freinds was with you (as our burgesses,
Sir James Clavering and Mr. Robert Ellyson) who were ready to
attend the like number of theirs to that end, yet a meeting could not
be obtained, although Mr. EUyson's stay in towne was above a weeke
after his owne perteculer busynesse was over to attend that affaire
onely. Sir, findeing ourselves then slighted as formerly, we did
conclude the difference would not end in an accommodation, therefor
was then resolved to prosecute our petition against them at the
€ouncell Board, and had done then but that we were informed his
Maiestie intended a progresse into the West, and other busynesse
occuring which put us off at that tyme. And since findeing greater
iniuries put upon us (for now they have granted a deputation to a
draper in this towne f 6r Deputy of a new Hance Company of Merchant
Adventurers here, who makes free and sweares accordingly all those
that will come into them, paying onely a fyne of 20 markes, although
they were not bread merchants as is required by his Maiestie's late
proclimation) this we now resolve to add to our former wrongs,
and complaine forthwith to the King and Councell and pray redresse.
Our replication to the Londoners answeare is now with Councell to be
compleated, and will be perfected within a few days, and then shall be
sent up to Mr. John Rushworth with whome are lodged all or most of
our papers and charters concerneing this busynesse. And now, Sir,
we renew our intreaties to you for your best assistance in this greate
conceme of our ffellowshipp whereof you are a member. We shall
endeavour to provide for a full heareing before the Councell against
the middle of the next tearme, and send up a brother or 2 of ours
to your assistance. We never yet presented our grevances to the
Councell, till we preferred a freindly meeting to compose our
differences, but have hitherto found it ineffectual! ; and there is noe
hopes thereof unlesse in the first place they will allow us our charter
pnviledges as formerly they have done, for without that our Company
resolves to put all to the stake. We hope we neede not use any



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arguments for your assistance herein to provide* us what.freinds you
can engage. Our cause is just and honest, and doubt not of good
successe if well mannaged. With the tender of our best respects to-
yourselfe, we rest

Your very loveing bretheren and freinds the Governor, &c,
Newcastle, December the 26*»» 1663.

To Mr. George Cocke, Merchant,
at his house in Bradstreate.

[8 January 1663-4.]

Whereas there is a Contraversye depending betwixt the Merchants
Adventurers resideing in London, Hambrough or Dortdright, and we
the Merchant Adventurers of Newcastle upon Tyne, and whereas it is
needfuU some able bretheren of this flfellowshipp should forthwith
repaire to London to solicite that busynesse at his Maiestie's Oouncell
Board where we have complained and hopes a heareing shortly, Mr^
Robert EUyson, Mr. W"'. Johnson, Mr. William Blackett and Mr.
Henry Brabant are by generall consent made choyce of to soUicite that
difference at the Oouncell Board, and to doe therein as Oouncell
leam&d and they shall conceive most convenient.

[11 January 1663-4.]

Here foUoweth the coppy of a letter to Mr. John Rushworth : —
Sir,— In our last of the 26*^ of December, the Governor
acquainted you that the reply you sent downe was the old one of the
Protecter's tyme, and desyred you endeavour to procure that which you
call the rude draught by Sir Thomas Widdrington here aboute
two yeares agoe ; (for we know noe other to this answeare of the
Londoners then that, which you writt was found after many overtures)
in that he alsoe desyred }0U to enquire what an inspeximus would
cost, but have not heard whether that letter came to your hand, for
since have not heard from you. You will finde in this a coppy of our
reply to the Londoners answeare ; as soone as you have it we desyre
Sir Thomas Widdrington or other of our Oouncell may see it, and
after their correcting or approveing thereof (as soone as possable)
it may be presented to the Oouncell board, and that you would pray a
day of heareing, and give us 14 dayes notice before, that those Gentle-
men who are to come upp from hence may have tyme to attend it. We
pray you minde our Oouncell to be in readynesse, that we may be
assured of them. Sarieant Glin, Sarieant Manard, SoUicitor Generall,
and if Sir Thomas Widdrington and you thinke fitt, Mr. Attorney
Generall. We were in hopes by our utmost endeavours to have sent
this reply 10 dayes sooner, but being all to be drawen new, could not
effect it sooner. A committee of our Oompany have perused and
corrected something in it. We doubt not but Mr. Oocke will lend us
his assistance in makeing his friends ours.

Your very loveing freinds the Governor, &c.
Newcastle, January !!**» 1663.



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[27th January 1663-4.]

It was at the aforesayd court ordered that the committee should
betwixt [sfc] and the next court draw upp an act for entring of Cloath,
which accordingly they did, and here ffolloweth : —

Whereas the Merchants Adventurers of London have procured a
warrant from the Earle of South Hampton, Lord High Treasurer of
England, to the oflBciers of the Custome House of this towne to admitt
and suffer one of that Company to sitt in the Custome House
aforesayd as they shall appointe, and that the sayd officiers of the
Gustomes doe not passe any cocquet, but upon such warrants as are
signed by the sayd person appointed by the Company aforesayd.
Aid whereas the sayd Company of London have appointed James
Jenkinson a draper, and newly taken into there new Hance to sitt in
the sayd Custome House, and to signe all warrants of cloath, &c.

And whereas several! of this Company have offerred their entries in
the Custome House for cloath for the Mart Townes ; the officiers of the
Customes have refused to grant cocquetts for such cloath, unlesse the
sayd James Jenkinson did signe the entries.

This Company takeing the same practice into their serious con-
syderations, and the bad consequence may follow hereuppon to our
traide and liberties, especially at this tyme, when the differances
betweene the Companyes are before his Maistie and Councell and
ready for a heareing ; it is hereupon ordered, &c. [that] what brother
soever shall hereafter make entries for his cloath for the Mart
Townes, and shall leave his custome and cocquett ffees in the Custome
Honse or make a tender thereof, in case these officiers refuse to receive
the same ; and shall thereupon shipp his cloath for the sayd Mart
Townes, that if hereupon for want of cocquett there be seisures made
of their cloath soe entred as before, tms Company at their owne
proper cost and charges will manage the suite against the party
seizeing the cloath as aforesayd, and make satisfaction for all damages
that shall be sustained therein by any brother of this ffellowshipp.

And it is alsoe further ordered that noe brother of this ffellow-
shipp upon the penaltie of 100^*. doe directly or indirectly by himself e
or servant desyre the sayd Jenkinson or any other imployed by the
Company of London to signe any entries, untill the differences
betweene this Company and that of London be determmed.

Here ffolloweth a coppy of a letter to John Eushworth, Esq'.,
ordered by the aforesayd committee :—

Sir, — On Munday last our Governor writt to yourself e, Mr. Cocke,
Mr. Blackett, and Mr. Henry Brabant severally, to whom we must
now referr you. We hope by the next post to heare from you what
day for a heareing at the Councell Board is prefixed, that we may
prepare accordingly. Since our last, the new Company of Merchants
here have placed one of their bretheren in the Custome House, and
the officiers there refuse to passe a cocquet for cloath or other goods,
unlesse it be signed by that officier these merchants have there setled^



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though the cloath were enterred and ordered for the Mart Townes,
and Oustome and other charges tendered. If this be sufferred, in a
very short tyme all trayde will be here utterly destroyed. We
therefor emestly request you and the rest of those gentlemen formerly
mentioned, upon receipt hereof, to addresse yourselfes to my Lord
Treasurer by petition or otherwayes to the ffarmers of the Customes
as you shall see cause, that the warrant may be suspended, at least
untill the differences betwixt the companyes be over. The warrant
by which there officier is placed as aforesayd is dated the 28*^ of
Aprill last, and they noe pretended Company untill lesse then within
4 moneths, soe we are apt to conclude the warrant was intended for
us, and not for them in whose hand it is. We pray your utmost
endeavour herein, and let us have accounpt thereof. Our charter is
coppying over and will be concluded by Munday next, and shall be
shortly sent upp if we resolve the renewing thereof. And thus with
our respects to yourselfe and those gentlemen we have perteculerly
named, we rest

Your loveing ffriends the Governor, &c.
Newcastle, January the 28«» 1663.

£1 Feb. 1663-4.]

Two letters from London, the one from Mr. Rushworth, the other
from Mr. Hartlib, was read, both adviseing us that Wednesday, the
17^** instant, is appointed by his Maiestie's Councell for a full heareing
of the difference betwixt the Companie of Merchants Adventurers of
London and this Company.

Mr. Humphray Pibus was made choyce off to repaire to London to
assist in soliciteing our busjnesse in the contraversie betwixt us and
the Londoners.

Instructions for Mr. Robert EUyson, Mr. George Cocke,
Mr. Wylliam Blackett, Mr. Henry Brabant, and Mr.
Humphrey Pibus, for their better proceeding in our
busynesse with the Company at London.
Gentlemen,

1. We intreate you take the paines to appeare in our busynesse in
this controversie betweene the Company at London and us, and use
your utmost care and dehgenoe with our Councell and f reinds to pro-
cure a sudden and good end of it.

21y. We doubt not but Mr. Rushworth and M'. Hartlib hath fdlly
acquainted our Councell with our petition, craveing the benefitt of
those orders made at Councell Board (upon the heareing of onr
differences with those of London) the 22*** of November, 1689. A
coppy of the whole proceeding there is herewith delivered to you.
And doe intreate that our Councell would insist upon the last order
then made, and not to fall to prove all over againe. For since that
heareing most of our ancient men are dead that did witnesse much of
the whole matter. 2ly, That this towne have beene plundered at the



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takeing of it, 1644; and then most of our papers was lost. Sly, It
would cost much tyme and greate expences to beginn anew, we liveing
at Boe greate a distance from court, and those of London can follow it,
liveing neare hand, with an easye charge.

Sly. And if this be granted by the Councell, you will finde that
M'. Willyam Johnson can witnesse that upon the order of the 22*** of
November, 1639, he did receive from the Company beyond seas the
cloath which that Companye had seised upon for impositions, which
occasioned that contest ; and for all the tyme he continued after with
the Company beyond seas, which was at least 10 yeares, there was noe
impositions demanded, nor any payd ; nor any of our certificates
refused to make our sonnes or servants ffree according to the usuall
manner ; nor any moneys payd for flPreedomes, but 6®. 8^., the onely
badge of members of the old Hance. Mr. Brabant can witnesse that
in the yeare . . * . . the Company beyond seas have broake upon our
factors' Packe houses, and impounded our goods, and otherwise con-
strained our ffactors to pay impositions, contrary to the old agreement
with the Company at Antwerpe in the yeare 1519, and the order of
the Councell Board 22*^ of November, 16S9 ; and that Company takes
of each person 48^. for not beareing charge to the Company, over and
above 6». 8^., which was not taken in the tyme of Mr. Johnson ; and
that our ordenary certificates under the Companye's scale for the
admittance of ffreemen hath beene refused.

4ly. Mr. Willyam Blackett can prove the deniall of his man his
ffreedome upon the Companie's ordenary certificate.

5ly. We thinke we shall not neede to prove that they of London
have erected a new Company in this towne. Sure they will confesse
it. And of this abuse we intreate you consult our charters, and make
out our rights by our Councell, that within this towne the libertye of
being merchants is onely granted to our Company, as by King John's
Charter, the Charter of Edward the Second [sw; J, and the foure Charters
that's mentioned in the instructions given Mr. Warmouth and the
rest in the yeare 1637, a coppy of which instructions for your
information is herewith delivered to you. And we intreate you move
that this new Company sett up here by those of London may be
nnll'd, it being on purpose to mine our northeren traide, and to
destroy the ancient Company and its priviledges. flPor ffirst our
charters are more ancient then theirs, enabling us to be a Company of
Merchants Adventurers in this towne. 21y, That haveing beene a
Company a long tyme as by our charters will appeare, our number is
very greate, and the trayde small, soe that the members of the
Company have much adoe to make a livelyhood for themselfes and
families, there being at least above 200 ffree men, and all of the old
Hance. 3ly, To sett up a new Company here would not onely
increase the number of traders and soe in tyme destroy this ancient
Company, but also be a president for the Merchants of London to

* Blank in MS.



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108

erect new Companyes in all corporations in England. 41y, That
those taken into ffreedome of this new Company are not qualified
according to his Maiestie's proclimation. 5ly, Though the Company
of London may make ffreemen, yet to sett up a new Company of
Merchants in any towne in opposition to another Company of Mer-
chants settled by a Charter, and ffree alsoe with them of London
beyond seas, is not as we suppose granted them by charter ; and we
are sure it would be distructive to our-Company.

61y. We give you a coppy of the papers delivered you herewith, as
alsoe of those we finde in an inventory are left at London, which we
hope you will jBnde with Mr. Rush worth, with a coppy of our charters
and other papers either in Mr. Rushworth's or Mr. Hartlib's
possession.

7ly. The Company beyond the seas hath stiled our Company here
in these letters to us, The Governor, Assistants, Wardens dnd
fFellowshipp of Merchants Adventurers resideirig in "Newcastle, the
very title we have by our charters, as in a letter from Delfe, dated
the 25*** of May, 1637, which is either with Mr. Rush worth amongst
the other papers, or else lost in the plunder of this towne. A coppy
of the superscription we have out of one of our bookes, it being writt
aboute the tyme of our contest.

Lastly. What is further adviseable from us, you shall heare by our
letters, and doe intreate you to goe on with our busynesse with
chearefullnesse. We have ordered Mr. Rush worth solne money, and
what you neede charge us with it, and hereby we ingage to pay your
bills, and be thankefull for your care and paines. Thus wishing you
good successe. we rest

Your very loveing bretheren and freinds the Governor, &c.
Newcastle, fEebruary 3*i» 1663.
Here followeth a letter of attorney : —

[Power of attorney to Mr. Robert Ellyson, Mr. George Cocke,
Mr. Willyam Blackett, Mr. Henry Brabant, and Mr. Humphrey
Pibus, " to treate, determine and fully to conclude, as alsoe to prosecute
at his Maiestie's Councell Board or elsewhere, all differences betwixt
us the Merchant Adventurers of Newcastle upon Tyne, and the sayd
Merchants Adventurers of England resideing in London, Hamburgh,
and Dortricht."]

Here followes severall coppies of letters to our freinds at London :—

Mr. George Dawson,

Sir, — Our governor writt to you aboute 14 dayes agoe, giveing you
then notice that our old busynesse with the Company of London was
shortly to come before the Councell. Now, Sir, please to take Notice
that a day of heareing at the Councell Board for the sayd difference
betwixt them and this company is now assigned (being Wednesday,
the 17**^ instant). We have made choyce here of Mr. Robert Ellyson,
Mr. George Cocke, Mr. Willyam Blackett, Mr. Henry Brabant, and



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109

Mr. Humphey Pibus to solicite that busynesse for us as CouDcell shall
advise. Mr. John Eashworth and Mr. Samuell Hartlib will assist
therein. Mr. Ellyson is not at present well, yet by Munday next we
hope he may be able to take journey, and attend that affaire. Mr.
Johnson and Mr. Pibus this morneing sett forth towards London, the
former of which we have desyred to take that journey upon him,
bein^ able to prove that the Merchants of England resideing at
Rotterdam had impounded our cloath in 36, and that the sayd
Merchants did redelever the same by order from London, upon that
order of his then Maiestie's Councell. Mr. Pibus brings along our
instructions, a coppy whereof we send now to Mr. Rushworth. And
now our earnest request to you is that you would let these gentlemen
have your best assistance in this greate conceme of our Company,
whether in witnesseing your knowledge therein or instructing our
Councell. We hope we neede not further presse you to this good
worke, onely assure you that your paines in this will be a further
ingagement upon

Your loveing brethren and freinds, the Governor, &c.
Newcastle, fEebruary 4*^ 1663.

To Mr. Geo. DawsoD, at Mr. Hugh
Lawton*8, Grocer, at the Signe
of the GoldeD Key, in South-
warke.

Mr. Willyam Blacket,

And very good freind, — Be pleased to take notice that the first of
this instant Mr. Humphrey Pibus was by generall vote of the
Company made choyce off to assist you and the other gentlemen in
prosecuteing our complainte against the Merchant Adventurers of
London at the Councell board ; and in order thereunto he tooke the
journey this morneing with Mr. Willyam Johnson towards London.
By him you will receive our instructions, and a coppy of them we have
now sent to Mr. Rushworth, with our letter of attorney. The instruc-
tions we pray you observe as neere as you can. We hope our approved
freind, Mr. Brabant, will, some tyme before the day of heareing, make
his addresse to his Maiestie, and acquainte him with the justnesse of
onr cause, and our former proceedings before his late ffather of
glorious memory and Councell in the yeares 37, 38, and 39. We
well know Mr. Brabant's interrest at Court is very consyderable, and
doubt not but he will imploy it, either to my Lord Chancelor or any
other persons that may befreind us at the Councell Board in this
greate conceme. Mr. Ellyson is not well at present, yet we hope he
will be able by Munday next to begin his journey in order to that
greate affaire. We much rely on your care and deligence herein ; and
emestly request the continuance of your endeavours, which shall ever
be thankefully acknowledged by

Your very loveing bretheren and freinds, the Governor, &c.
Newcastle, ffebruary 4*i» 1663.



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Sir, — ^We hope vou have notice that the Company of Merchants
Adventurere here nath made choyce of you, with others of our
bretheren, to solicite the differance betwixt us and the Merchants
Adventurers of London at his Maiestie's Oouncell Board, where we
hope you will prove a good witnesse for us. This morneing M'.
Willyam Johnson and Mr. Humphrey Pibus tooke journey for
London. The former comes as a witnesse, the other to assist you in
manageing of our busynesse, by whome you will receive our instruc-
tions and letter of attorney. A coppy of our instructions comes by
this post to Mr. Rush worth that you may see them the sooner. Now^
we must ernestly request your utmost assistance with the rest of the
gentlemen in this concerne, and that you would make us what freinds
you can of the Councell. "We know your interrest at Court is greate,
and we hope it will be laide out for our advantage. If you can waite
an o^ pertunifcy to informe his Maiestie of the justnesse of our cause,
anc the result of his late maiestie of glorious memory and his Councell
in the yeare 1639 it would (we hope) make very much for us. The
coppy of that order in 39 is in Mr. Rush worth or Mr. Cocke his
hand. Soe we relye on your care and deligence herein, which will
exceedingly oblige us. So we take leave, and rests

Your loveing bretheren and flfreinds, the Governor, &c.
Newcastle, fEebruary 4^^ 1663.

To Mr. Henry Brabant.

[Here follows a letter to Mr. Samuell Hartlib to the same effect as
the following letter to Mr. Rushworth.]

Mr. Rushworth.

We hope you have received in our Governor's last of the 1^*" of
ffebruary a bill for 40". and we have since given Mr. Johnson and Mr.
Pibus who tooke jouruey this morneing each 20". and we send you
herein a bill for 40". more, and shall provide moneys for the carrying
on of our busynesse as occasion serves. If the M'. on whome that
first 40". is drawn should have disposed of his money or the bill come



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