ave in this p'tituler accordiuge as wee are in plaine and express words
enabled by our Charters found it necessary to sett a reasonable Imposi-
tion upon all woollen comodities as well for the payment of the great
debt of the Company into which they are fallen duringe their longe
troubles, and which hath daily increased upon them for want of other
cloth and woollen manufacture to beare a competent share with the
white cloth which hath all this tyme borne the brunt as alsoe to main-
taine the charge of Goverment which through the late increase of the
Companie is much greater than was wont to bee. And soe we have-
inge as well now deduced unto you as well the power wee have to
demand Impositions of you as also the reasons for the discontinuance
for so longe tyme, and the cause why wee require the same at present
wee shall be glad if wee may have satisfyed you therein, however wee
are resolved to remayne by the act of the Company therein and are
prepared to maintaine the same if you for so small a matter shall
against the peace of the Companie and your owne oath which you take
at your admission call us unto it ; yet wee hope you wyll neither put
yourselves nor us to so much trouble but rather more naturally and
without any preiudieate opinion of your owne cause seriously and
equally weigh these things which wee have herein sett downe, unto
which although we have many things to add yet at this present wee
shall onely put you in mynde what great disturbance and exception it
might breed in the rest of your brethren of the north parts who trade
in the same comoditie if you should be exempted and not they ; there
beinge as much to be sayd in their behalfe as on yours except that
they have not a charter as you have which yet is not considerable in
respect of our charters, and the trade granted us thereby under pro-
tection whereof you have onely libertie to trade in cloath and other
manufactures and not otherwise. And when you looke upon this
Imposition if you shall alsoe sett before you those benefits you enjoy
by the freedome of this Company now especially upon this late
reduction of all trade under Government for the maintenance and
remedie whereof the Companie hath beene at great charge you will
easily finde the disproportion between this Imposition and the many
munities and freedomes that doo accompanie the same which also are
likely when things shall be settled accordinge to his Matie's gracious
Intention to the Companie to increase dayly, but this Imposition
when in some measure wee shall have overcome our great debts shall
in few yeares be brought downe to a very small matter.
And now before we conclude we cannot but take it as a great
argument of your brotherly respect unto us you have entertained this
lovinge conference with us before any other course whereas wee
cannot but give your worthy Governor and M'. Carr the testimony of
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17
all discreete and moderate carriage, so wee hope that they wyll make
due report of our readiness to accomodate you in all wee were able
and so we comitt you to God and rest,
Your Lovinge friends the Governor,
London, ye 25*»» May 1637. deputie Assistants and fellowshipp of
Merchants Adventurers of England.
To the Right Worppi Wyiliam George Low, Deputie.
Warmouth, Governor, the
Assistants, Wardens and
fellowship of Merchants
Adventurers resideinge in
Newcastle upon Tyne.
After we had received their letter wee took advice of Counsell and
first we repaired to Seriant Heath, whose advice is hereunder
written : —
Seriant Heath's advice.
There is a Corporation of Merchant Adventurers of London
which is antient. There is another Corporation of Merch*. Adven-
turers of Newcastle which is also antient, those for anythinge yet
appeares are Indepent one of another.
If it be soe then the Company of London cannot lay any
Lnposition or charge upon this of Newcastle, but by their own
Composition and agreement one with the other.
Ro. Heath.
May 11*»»1637.
Then we tooke the opinion of M'. Thomas Tempest, which is
hereunder written : —
I have scene a collection out of the severall Charters of Merchant
Adventurers sent from the Deputie Assistants and Fellowship of
Merchant Adventurers of England resident at Rotterdam.
And whereas they pretend a power by a clause in a Charter,
15 Jacobi, to lay Impositions upon Merchandize for supportation of
the FeUowshipp, And by that power as they alledged have layd 4*.
upon every kersey and six pence upon every dozen of the Merchant
Adventurers of Newcastle resortinge thither. It appears that the
Merchant Adventurers of Newcastle are an antient distinct Society
and Company of themselves before the 15th Jacobi and for the
severall profitts and charges of their severall Companies they have
used the same oath of them distinctly and as those of Newcastle
receive none of the money levied by the Merchants elsewhere nor
crave ayde of them to support their charge but beare it of themselves
80 they see no reason why they should be burthened towards any of
their charges elsewhere.
But whatsoever they have used to doe for and towards their
assistance they are ready and wyllinge to continue, and further I
disceme not how they are any way chargeable with any new burthen
or Imposition. T. Tempest.
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Upon large conference with our Counsell it was thought fit we
should petition his Maiesty, which wee did, the coppie whereof is
hereund!er written : —
To the Kinges most Excellent Maiestie.
The humble petition of your Maiesties most humble and loyal
subjects the Governor and Oompanie of the Merchants
Adventurers of your Towne of Newcastle upon Tyne.
Humbly sheweth unto your most excellent Maiesty that the Com-
pany of Merchants Adventurers of your Cittie of London by letters
patents from your Maiestie's royal predecessors, have beene longe
mcorporated, and have divers priveledges granted unto them for
their Detter Government and orderinge of their trade.
That the Company of Merchants Adventurers of your Towne of
Newcastle have by like letters patents as antient as others as they
believe beene incorporated in like manner.
That they beinge independent one upon another, yet because they
trade to the same place, your humble petitioners the Company of
Newcastle have by an antient Composition, made beyond the memory
of any man now Uveinge, payd yearly to the Company of London 8^*.,
which Anuall some hath beene accepted, till now of late the Company
of London, beinge of greater wealth and power than your humble
petitioners, endeavor to exact from them a greater Imposition at their
owne pleasures.
For redress whereof, and to reduce them to reason and to stand to
the antient Composition which your petitioners are willinge to continue,
your petitioners intended to comence their suite in your Maiestye's
Court of Exchequer, which can best judge of ye whole case. But that
they thought it fitt in bounden dutie first in all humblenes to apply
themselves unto your sacred Matie, and to implore your royall helpe
if your Matie's great affairs will permitt to give a heareinge to this
difference or otherwise by your Matie's discretion or approbation at
lest to take such legall course as your Matie in your great wisedom
and judgment shall think fitt, and their cause shall deserve which they
humbly beg at your Matie's hands, and they accordinge to their po wet's
as they have beene ever and ever wylbe as ready and wyllinge as the
other Company or any other your Matie's subjects to serve your Matie
in all things and ever to pray for your Matie, &c.
After our petition soo addressed to his Matie we were recomended
to an honorable personage for the delivery of it, and to speak therein
unto whom his Matie declared his gracious pleasure that he hymself
would take the hearinge thereof with the Lords of his Matie's
Councell, but after two severall tymes attendinge the hearinge with our
Councell, one tyme at Whitehall and another tyme at Greenwich, his
Matie's great affaires not permifctinge hym to take hearinge thereof^
referred the same to the Lords of his Matie's most Ho^^®. privy
Councell in the Starr Chamber. The 26^*^ of June, our cause received
a hearinge, and before the hearinge thereof Deputie Low delivered
answere to the Lords in writinge as followeth : —
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To the King's Most excellent Maiestie.
The humble answere of the Governor deputie and fellowshipp
of Merchants Adventurers of England to the petition of
the Merchant Adventurers of Newcastle.
Sheweth that the sayd Merchants Adventurers of England have
beene a Groverned Companie ever since the 18^^* yeare of Kinge John,
from which tjme, by virtue of a treatie concluded with John the
Duke of Braband, they were setled with priveledges for their trade in
Antwerpe and other Citties of the low Countries for the space of 188
yeares, until the first yeare of Kinge Henry the 4^^, who granted unto
them a Charter under the Great Seale of England for the sole trade of
Germanic and the 17 provinces, whereby they had power to choose a
Governor Deputie and 24 Assistants and to make lawes and ordinances
for the benefit of their trade beyond the seas and in England, which
Charter was after that tyme confirmed and enlarged by the Succeed-
inge Kings and Queenes of this Realme, and hath beene ever since
enjoyed accordingly as it is at this tyme by your Matie's gracious
favour, for which wee render unto your Matie all humble thanks.
That they were not styled Merchant Adventurers of London, as the
parties tearme them, but Merchants Adventurers of England, and
were in these tymes dispersed and dwelt as well in the out ports of
this Kingdome, viz., at York, Hull, Exeter, and Newcastle, as at
London, through the greatest number alwaies dwelt at London, but
all of them so dispersed were sworne to be subject to one and the same
Govemm*. of Trade and to such orders as should be made by the head
Court of their Society, which ever was and yet is beyond seas, and not
at London.
That 155 yeares after they were so incorporated by Kinge Henry
the 4"*, their Charter was confirmed by Kinge Edward the 6^^, in
June, in the first yeare of his Beigne when those of Newcastle had no
Charter at all but were subject to be Governed bv the Merchants
Adventurers of England for all such trade as thev had in Germany and
the Low Countries and were then dependent of them.
But 3 months after, in September, ann. primi Edwardi sexti the sayd
Merchants Adventurers whicn dwelt at Newcastle [received] their first
Charter to have a Governor, twelve Assistants, and 2 Wardens, who
then were particularly named to be of the Company of Merchant
Adventurers in Brabant, and that they might be incorporated by the
name of Governor, Assistants, wardens and fellowshipp of Merchants
Adventurers inhabitinge within the Towne and County of New-
castle with power to make ordinances for the publick good of the
said fellowshipp, and for the safe Governance of the sayd Towne
and Countie which charter did enable them to buy and transport
beyond seas wool and wool fells of the growth of the Counties of
Northumberland, Cumberland, Westmoreland, and Bishopwick of
Durham, and that onely dureinge the King's pleasure payinge for
every sacke of wooll tenn shillings as by the sayd Charter may appeare
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but that Charter did not grant them libertie to trade in clothes,
Kerseys, or other woollen manufactures formerly granted to the
Merchants Adventurers of England in which they had noe libertie to
trade but onely as they were of the fellowshipp of Merchant
Adventurers of England, nor to this day is any of them permitted to
trade or transport any clothes or Kerseys into Germany, or the 17
Provinces of the Netherlands untill he bee admitted into the Society
of Merchants Adventurers of England at one of the Courts beyond
seas and there take his Oath to be obedient to the ordinances of the
sayd fellowshipp the seal of their new Corporation beinge yet the very
scale of the Merchants Adventurers of England and themselves styll
liable to be called over to be Assistant to the sayd Company
beyond seas.
And touchinge the Composition of 8". p. annum more than which
hath not beene demanded of them in some of our Courts beyond seas
for many yeares past tyll of late wee know not whether that bee soe or
not, for that whilest Interloopers had libertie to shipp out the like
draperies without payeinge Impositions they were not charged to pay
them, or that their trade was then no greater then might be admitted
to passe for 8^*. p. annum. But since the trade of all woollen
Manufactures beinge the maine trade of this kingdome was by the
greate wisedom of your Matie and your Councell reduced under
Government, which by the perspicuous libertie formerly allowed to
Interloopers was found to be very iniurious to the state, and draperies
of this kingdome much decayed and abused in price thereby, and that
the trade of the Newcastle Merchants in woollen draperies was very
much increased more than in former tymes, our Companie hath
required such Impositions of the brethren of Newcastle as they take
of all other brethren of our Society at York, Hull, Exeter, and
London, and no greater, and those they intend not to take longer
then thereby to rayse a Competent some to ease themselves of a ffreat
debt which they are forced to fall into for service done to Kinge
James of blessed memory, besides the great yearely charge of 3 Courts
to uphold their Government whereof, 2 beyond seas, and one at
London. And then they intend to take of the said Impositions
which of late yeares have too much overburdened the white Cloth and
have beene very small upon Northern Cloth, and all sorts of single
dosens which ought to beare a proportionable charge respectively in
the levienge whereof they have dealt moderately and not raysed scarce
halfe so much as by their Charter they might have done. And for
the poynt of conveniency if they of Newcastle should be freed from
payinge such reasonable Impositions as all other Brethren of oar
Companie doo willingly pay then they would draw the trade from
York, Hull, and from London, alsoe in all those sorts of Northeme
Cloths which they trade in, which would breed a mutinie and con •
fusion in our trade, now well setled under Government, to the good
contentment of the Clothier and without Complaint of any but these
Merchants who have neither Charter to ground their complaints upon
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nor reason to mayntaine it, and if they might obtaine their desire
would not- save them more then 40 or 60". p. Annu. for their whole
Towne. And it would doe tenne tymes more harme to the great
trade of our Companie under whom they of Newcastle doe enjoy
many greater benefits beyond seas then their Impositions can oounter-
yayle, and we doubt it would beget at least a greate disturbance, if
not a stopp of Trade.
Therefore we humbly pray your Maiestie That they may not be
freed for 8". p. Annu. but that they may pay such Impositions as all
other brethren of our Company doe pay untill wee shall be eased of
the great debt which wee owe as afforesayd, and wee shall dayly pray
for your Majestie's long life and etemall nappines.
The Lords upon heareinge of the cause referred the same to the
2 Lords cheife Justices and Lord cheife Baron to examine the
Charters on both sides and to report to the board their opinions
therein.
Wee delivered the order with reference from the Lords to the
2 Lords cheife Justices and Lord cheife Baron who gave order to
heare the cause the first day of Julie at Serjeants Inne as p. their
waminge given hereunder appeares :
[24 June 1637.]
[Appointment under the hands of John Bramston (Chief Justice
of the Bang's Bench), Humfrey Davenport (Chief Baron of the
Exchequer), and John Finch (Chief Justice of the Common Pleas),
to consider the Matters referred to them upon Saturday the first day
of July at 2 of the clocke in the aftemoone in Seriants Inne hall in
Fleete Streete.]
[1 July 1637.]
The 2 Lords Justices and the Lord cheife Baron, at the day
prefixed, did meete in Seriants Inne, but conceiveinge the Charters on
both sides to be many and longe, referred the perusall of them to M^
Seriant Turner and M'. Thomas Tempest, beinge Councell on both
sides, to draw up a Case and to returne the same to their Lordshipps
within what tyme they could, but the Charters beinge very large and
no hope to have the same drawne up in any reasonable tyme, and the
Lords cheife Justices and the Lord cheife Baron beinge shortly to ride
their circuits, we preferred a petition to the Councell board as
followeth : —
Petition of the Merchant Adventurers of Newcastle-upon-Tyne.
« ««««««««
To take such order that the Merchants of London may forbeare to
receive such new Impositions as they doe at Rotterdam or elsewhere
beyond sea of Cloth shipped by your petitioners at the port of New-
castle and members thereof more than the 8". p. anu. wee have
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fonnerly payd (memory of man not to the contrary) untill the next
tearme, when the Councell on both parts may draw the case and the
Lords cheife Justices and the Lord cheife Baron report their opinions
to your honors, which wee shall humbly attend (as in dutie becometh
us) at such tyme as your honors in your grave wisdomes shall thinke
fitt, And we shall dayly pray, &c.
[5 July 1637.]
[Order.] " At the Starr Chamber, the 5^ of Julie, 1637."
[That] in regard of the danger of this season, and that harvest is
now so neare that the sayd Merchants Adventurers of Newcastle shall
be dismissed untill the begiiiinge of this next tearme, when they are
to attend the sayd referrence, And their Lopp^ doe appointe to heare
the report on the 17^** of November next at the Starre Chamber after
Dinner, And in regard they allege that they have yearely payd to the
sayd Companie beyond the seas the some of 8". and no more (whereof
there is no memory of man to the contrary). It was ordered that all
other new Impositions layd upon the comodities of the sayd Merchants
of Newcastle bv the sayd Company be suspended untill the heareinge
other than sucn as have beene usuall received dureinge sixtie yeares
by past.
Here followeth the maine proceedings of M'. Leonard Carr
and Edward Mann in the Case with the Merchant
Adventurers of London and first the coppie of the Case
conceived by M'. Thomas Tempest.
The Case.
The Merchant Adventurers of Newcastle as in some respects they
may be sayd to be a member of the great bodie of the Merchant
Adventurers of England ; when they are or have beene advized
withall touchinge those orders which concerne the generall good have
ioyned by consent therein and contributed by like consent thereunto
by a yearely payment of 8". per annu. more then which hath not (tyll
of late tyme) been required.
But for peiticuler charges of each severall Companie of that great
bodie as the Merchants of Newcastle for their perticuler Companie
undergoe their owne charge without ayde from London, so they
conceive they are noe way bound to give any aide or contribute to any
charge to or for the Merchants of London.
And for those alsoe which are or may be pretended to be publick
charges none of the perticuler Companies though parts of that great
bodie are as they conceive lyable to any Orders touchinge the same
without their consent first had therein.
And it hath beene anciently ordered by the Merchant Adventurers
of Newcastle that no member of their Companie should pay or assent
to be payd any sessment imposed or sett by the Governor and
Fellowshipp beyond the sea (who now would lay this Imposition
without speciall agreement and licence of the fellowshipp of New-
castle).
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This Order beinge styll in force and every Merchant of Newcastle
swome thereunto they cannot condiscend to pay any such new
Imposition and hope that by law they are not liable thereunto.
[20 Nov. 1637.]
The Eeport of the two Lords cheife Justices and the
Lord cheife Baron.
To the Bight Ho^^® the Lords and others of his Maiesties most
Hobie Privie Oouncell.
Whereas, &c., wee finde that the Merchants of Newcastle have
beenc a very antient Guild, and have beyond the memory of any
liveinge payd (to the Company of London resideinee beyond the seas),
8^. p. annu. as they of Newcastle alledge in full satisfaction of s31
impositions and affirme they have not payd any other Impositions
upon their Merchandize. But they of London affirme that besides
the 8". p. annu. those of Newcastle nave payd such other Impositions
as other Merchants Adventurers have done ; but they could not then
make it appeare unto us, therefore wee directed that they of London
should make it appeare that those of Newcastle by the space of 40, 30,
or 20 yeares past had constantly payd these Impositions and the 8".
p. annu. And that they of London should shew to those of New-
castle the Order whereby they have beene charged by the generall
Company with such payments and deliver to them a coppie thereof,
which they promised to doe, so that wee conceive that tyU the
Company of London shall produce such their order and make such
payments appeare that they shall receive onely 8". p. annu. and rest
satisfied therewith untill your Lordshipps shall give fiirther order.
At Starre Chamber, the 22p<^, November, 1637.
Whereas in the buissines betweene the Merchants Adventurers of
England and the Merchants Adventurers of Newcastle, a Certificate
was read this day at board signed by the 3 Lords chiefe Justices in
haec verba [here follows the above report of the three lords justices].
The Lords did approve the sayd certificate but in regard the
Merchant Adventurers did alledge that as soone as their proofes
should come from the Low Countries they should be able to give
satisfaction to the sayd Lord cheife Justices that the sayd Imposition
bad constantly beene payd in manner as is required by the sayd
certificate, their Lor^P^ did order that in case they should bringe a
certificate from the sayd 3 Lord chiefe Justices that they have brought
proofe of the payment of the Impositions by those of Newcastle
constantly for the space of fortie, thirtie, or twentie yeares, in manner
as is required by this present certificate. That then the sayd
Merchants of Newcastle shall not onely pay the said Impositions in
question for the future but the arrears alsoe that shall have beene
incurred in the mean tyme. But their Lordships doe order that
in the mean tyme the sayd Merchants of Newcastle shall be discharged
of all other Impositions but the eight pound p. annu. as is mentioned
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24
in the sayd certificate and all their clothes which have beene seized
for any other Impositions then the sayd eight pound are to be
discharged and redelivered to the owners thereof.
At Starre Chamber, the 24^'^ of November, 1637.
Upon the motion of the Merchant Adventurers of England con-
cerninge the question betweene them and the Merchant Adventurers
of Newcastle, their Lor^P® did this day think fitt to adde to their order
of the 22*^ of this moneth that their Lopp* doe pray and require the
three Lords cheife Judges to have the sayd Merchants againe upon
such proofes as they shall bringe from the parts beyond seas to prove
of the Impositions by these of Newcastle constantly for the space of
40, 30, or 20 yeares in manner as is required by the certificate of the
sayd Lords cheife Judges and by the sayd order of the 22^^ of this
moneth. And their Lo^p® did further declare and order that in case
the sayd Merchant Adventurers of England shall make such proof e
and such certificate thereof from the said Lords cheife Judges of the
constant payment of the Impositions as is required by their certificate
and by the order of this board of the 22*^ of this moneth that then
the sayd Merchants Adventurers of England may detaine in their
hands the cloths and kerseyes and other comodities of the Merchants
of Newcastle that shalbe in arreare for the sayd Impositions untill they
shall pay the sayd arreare.
[22 Dec. 1637.]
The Coppie of a Letter written to the Oompanie at Rotter-
dam, in which the two orders of the Lords were inclosed
which were next before sett downe.
WorPP^^® S'. and Sirs, — After our heartie Oomendations, &c..
Wee doubt not but your brethren of London have acquainted you
with all proceedeings touchinge the variance betwixt us occasioned byl
your late Impositions layd upon the cloth belonginge to the brethren
here, and soe we forbeare the particuler relation thereof onley foras-