much as wee understand that you styll detayne in your hands goods
belonginge to divers brethren of our Companie for non payment of
the sayd new Impositions we thought fitt to send you a Coppie of
the Lords order for the redelivery of the same, wherefore wee require
you see it done accordingly. And so wishinge that as wee have longe
continued in a brotherly fellow^P and beene oftentimes in your Letters
comended for your best brethren this small difference occasioned from
yourselves may not any wayes produce the contrary. But that rather
as it happeneth often amantium irae^ &c., which wee shall for our
parts indeavour though wee hope for this or on any the like occasiqn
you cannot justly blame us for endeavoringe to maintaine the
priviledges our forefathers have left us. And thus Comittinge you
to God's protection wee rest
Your worPP* Lovinge freinds the Governor
Newcastle, 22*»» December Assistants and PcUowpp of the Companie
1637. of Merchant Adventurers of England,
resident in Newcastle.
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I [23 January 1637-8 J
Instructions from M'. Governor and the Companie of
Merchant Adventurers to M'. Leonard Carr.
Loveinge friend, M'. Leonard Carr, whereas you are appointed by
generall consent of Court to repaire to London and at the Companies
charge to prosecute the suite against the Merchant Adventurers of
London wee thought fitt for your better direction to give you these
Instructions which wee pray you follow.
First we conceive it fittinge that if there be any probability that
the 3 Lords cheife Judges have a heareinge of their proofe that
then you move accordinge to their LorPP® former order for a coppie of
that order by which they charged us to pay this new Imposition that
see you may the better be enabled to encounter them with their owne
weapons and in case they shall refuse to deliver you the sayd coppie
then to move the Lords to deny them hearinge tyll the same be done.
* And that there be good certificate that what they deliver you be a
pfect and true coppie.
Secondly, If you pceive that they ayme to wearie you with delayes
and alledge that as yet their proofes are not come from beyond seas
but dayly expected so that for present you can gett no end then wee
would have you to move for a sett day of heareinge in Easter Tearme
both to prevent the. charge of constant attendance and withall because
that tyme wilbe more seasonable for travaile. Wee have divers of our
Company whose presence wilbe necessary at the heareinge who now
the weather and way beinge bad and they of great age dare not
undertake so great a Journey, but wee pray you be carefull if any
such order be procured to gett this clause inserted therein, viz., that
in case at that tyme they cannot prove that our Companie generally
for 40, 30, or 20 yeare8,have constantly payd other Impositions besides
the 8^^ p. annu. as by the sayd order is required that then they may be
debarred of any future heareinge and wee alwayes freed for the
8". p. annu. otherwise wee have cause to feare to be opprest with their
greatness who have threatened rather to spend Tenn thousand pounds
then to quaile in this buissines.
Thirdly, forasmuch as we conceive that notwithstandinge the
the Addition of the Lords order touchinge this second heareinge wee
ought to have our cloth redelivered which was taken for nonpayment
of this new imposition and accordingly have writ the Company beyond
seas and inclosed the coppie of the Lords order requireinge them to
doe the same, yet in case you have certaine "notice from us that they
refuse to redeliver our cloth as wee have required, then wee would have
you petition the Lords for a new order in more generall tearmes and
that not onely for the delivery of our cloth at Rotterdam thus seized
but for all cloth seized and moneys deposited or taken by constraint
either at Hambrough, Rotterdam, or elswhere, for any other Im-
position then the 8". p. annu. beinge as we perceive accordinge to
the intente of the Lords Order and the resolution of the 8 Lords
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26
referrees for undoubtedly they can never prove any such constant
payment of Impositions as by the Lords Order is required nay not any
at all but by constraint.
Fourthly : wee pray you take notice that it is not above twelve
yeare since they first, by force, did take the goods of M'. Robert
Bewicke, a brother of this Gompanie, for some new Imposition
which then was suposed to be due, yet without all ground of right
upon the Instigation of some Merchants of Yorke and Hull who were
aggreived that wee, shippinge from the same ports, should be
exempted when they payd (as appeares by the coppie of their owne
letter dated the 26*'* October, 1624, the coppie whereof we have here-
with delivered you). Then about August, 1625, John Emerson, then
M'. Bewick's servant, was forced, for redeeminge of his Maister's
Cloth, to deposite five hundreth Rix dollars ; and the sayd M'. John
Emerson doth now averre and is ready to depose that the doeinge of
the sayd Company in the seizure of the sayd Cloth was forcible, and
so much displeased his M'. (whom our Companie here in regard the
Cloth was shipped &om Hull left to himselfe) that he surceased trade
(who constantly till that tyme had payd his Matie 500". p. anna.
Custom), not beinge able to trade to profitt without the ease of that
Imposition by reason of the great charge and remotenes from the
Clothinge townes where the other lived.
M'. Anthony Errington, who lived at Stoad and Hambrough
about tenn yeares, and M'. Thomas Butler, who lived at Hambrough
about 8 or 10 yeares, and hath to this day had tradeinge there
severally say that tyll about the yeare 1626 that M'. Robert Bewicke'a
man his dozens were seized on they never knew any such Impositions
demanded ; nay, the aforesayd M'. John Emerson saith that he had
lived there about 2 yeares before they demanded any Imposition of
hym.
Now least our Adversaries should by the pretence of some Certifi-
cate obscure the truth wee would have you to procure a Comission
directed to some gentlemen that are not Merchants either out of the
Chancery or otherwise, as your learned Councell shall advize you, for
takeinge the testimony of such brethren here as can sweare to the
point in controversie, and then wee doubt not our Case wilbe
sufficiently apparent to be good and theirs onely pretences.
Fifthly, wee pray you move the Company at London to order the
repayment of every fortie eight shillings which of late yeares was
taken of every sonne and servant at their admission, the which M'.
Skinner promised should be done, but in case the Companie refuse to
doe the same then petition the lords for an Order to cause the same to
be repayd.
Tnus much wee thought good to advize you of for your better
proceedings howsoever for as much as you have already beene Imployed
in this buissines wee are the more breife presumeinge now of your
care and vigilance to trace them in all their steps, to prevent them in
all advantantages knowinge that what is not here inserted, upon
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27
oocasion offered, you out of your former experience wilbe fully able to
encounter, and will also as much as in you lieth indeavor to bringe it
to an end wherefore in full trust and Confidence of your speciall
diligence and watchfull providence herein prayinge God to prosper
you wee rest
Your Lovinge freind,
Wylliam Warmouth, Govenor.
Newcastle, the 23 January 1637.
[7 March 1637-8.]
[Order by the Privy Council.]
That the Merchants of London shall have tyme nntill the end
of the next tearme to procure and bringe from the 3 chiefe Judges
such a Certificate as is required by the orders of the 22*** and 24^^
of November last, and whereas the sayd Merchants of Newcastle did
complaine that notwithstandinge the former orders the sayd Mer-
chants of London have made stay of the cloth of the sayd Mer-
chants of Newcastle in some of the places of their residence beyond
the seas, It is ordered that the Merchants of London doe not faile
upon their perill to cause the sayd clothes to bee delivered if there be
any soe stayd. And in case the sayd Merchants of London shall bringe
such Certificate as is required by the sayd orders of the 22*^ and
24^^ of November last and the same be approved by the Board, then
the Merchants of Newcastle shall pay all arreares due in the meane
tyme for the impositions, and the said Merchants Adventurers of
England resident in London shall have power to make stay of such
clothes of such Merchants of Newcastle by whome the sayd Imposi-
tions shalbe due accordinge to the order of the 24*^ of November last ;
and the board will give such further order for the payment of the
sayd arreares due as afforesayd as shall be fitt.
12^ April 1638.]
The Coppie of the Letter writt to the Companie at
Kotterdam with the Lords Order inclosed as followeth.
WorPP" S' and Sirs,
After our heartie Comendations, &c.. May it please you take
notice that our last onto you was the 22"* December last with which
wee sent the Coppie of the Lords order of the 22^^ and 24^^ November
past for the redelivery of such cloth as you had seized on of any
brethren of this Companie for non payment of this new Imposition
and therein accordingly required you to redeliver the same, but you
then refused soe to doe whereupon wee were forced to petition the
Lords, and their Lor^P^ have ordered againe, as you may see by this
inclosed coppie, that the same be delivered, wherefore by vertue of the
sayd order we againe require the delivery to prevent all future
inconvenience, for god is our witness wee desire not to proceede in
any oppositt way or course, but as wee are necessitated for the
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28
maintenance of our antient freedomes wishinge for our parts that
freindshipp and corospondency with you which by some evill advice
hath beene disturbed and thus not doubtinge of your observance of
the Lords Order upon sight wee Comitt you to Grod and rest
Tour worPP« Lovinge freinds, &c.
[lJunel638.]
[Eeport of the two chief justices to the Privy Qouncil.]
That it hath beene through the default of the Merchant
Adventurers of London in not attendinge us with such orders and
proofes as should move us to alter our former opinions that wee have
not made any other to your Lordsbipps.
[25 July 1638.]
A Coppie of a letter sent to Rotterdam.
Right WorPP" Sir and Sirs,
After our hartie Comendations, &c., wee well hoped that the
maintenance of our antient priveledges which you put us upon should
have received a more loveinge acceptance then wee have found from
you, howsoever we hope that what was promised at the heareinge
before the 3 Lords cheife Judges you will not refuse to performe to
witt the restoringe of the 48^. taken by you at the admittance of our
sons and servants, and the not imposeinge thereof in future tyme the
latter wee pceive you performed, and soe wee desire and expect the
restoreinge of the other, wee alsoe had the promise of a freindly suite
and that notwithstandinge wee should continue our antient Corre-
spondence in a faire way, but we finde it otherwise, for lately Henry
Nicolson (apprentice to William Anderson and sett over by order of
this Court to serve forth the residue of his yeares to James Oarr) hath
made complainte that by reason wee gave not you pticular notice of
that his turninge over you tooke of hym 40^. Sterlinge before you
would admitt hym to your freedome, alledgeinge that you will take
the like strof^ (?) of any other of our servants who are so turned over
and you not certified thereof, this passage wee can hardly beleeve to be
true, by reason wee have not a former president neither are wee at all
liable to give you an accompt of our proceedings here. And therefore
if any such some have beene taken wee require also the restoreinge
thereof, otherwise you will force us to renew our complaints against
you, the which to doe for our parts wee are exceedinge loath, re-
solveinge ever to demeane ourselves towards you in a brotherly and
respective way, presumeinge still you cannot justly blame us for
indeavoringe to preserve our right ; wherefore expectinge a satisfactory
answere to these our reasonable demands and that without pcrastina-
tion, wee comitt you to God and rest
Tour WorPPs Lo : freinds, &c.
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[7 Sep. 1638.]
Whereas by Order of Court made the 19*** of July last past,
wee (whose names are herevnder written) were required
to peruse y® extractes, Orders, and other pticulars
delivered accordinge to the order of the three Lorde
cheife Judges, by the Oompany of merchant adventurers
of London to this Company of merchant adventurers of
Newcastle and so to report our opinions therein.
1. Wee find y* at a Court holden in Antwerpe, the 29*** June
(1519), it was then ordered that the Merchantes of Newcastle shold
pay yearely eight poundes ffor the Impositions of all the merchantes
of the said Towne, w®^ eight poundes is confessed to bee received by
them till the yeare (1636), at w*^^ tyme they begun to exact Impo-
sitions at Rotterdam, and wold not accept of y® 8". p. anna, as
formerly they had done.
2. They mdeavor to make it appeare that this Company hath paid
more Impositions then the 8". p. annu. by diverse orders, delivered by
them to this Company as above, from Anno (1531) till Anno (1582),
and as they alleadge (from the yeare 1582) till the Company was
restored to their ancient trade by his Ma**®'^ proclamation (1634)
dedmo Caroli there was no money levied, neither of them of New-
castle, nor of any other tradinge from the North in the same
Oommodity, yet still that wee of Newcastle paid the Composition of
8". p. annu. because the same as they pretend, was only for personall
Impositions.
8. Upon perusall of the orders aforesaid, wee find no Impositions
of Cloth and other Commodityes (more than the 8". p. annu.) paid by
this Company to the Company beyond seas, butt Sesmentes, loane and
pole money, w^ was alwayes paid by the Consent of this Company to
the Company beyond seas ffor speciall and extraordinary causes in the
severall actes specified, videlicett :
In anno 1531, ffor the defence of a Suit against Gervice Stollord,
and his processe against the Company in the Chauncery of Brabant,
wherein sentence was given in favour and honor of this Company,
wherein they made sesment, accordinge to every man's state and
occupyinge, by the poll, and w*^ consent of our Company.
In anno 1538, w*** our consent, an other sesse, by the pole, was
made for dischar^inge the Buriall and funerall charges of M '. John
Hutton, late Grovernor, and ffor the defence of the priviledges, w**^
the Tollours in these partes did attempt to infringe, and cheifly upon
the Triumph made by the said Company in 1537 ffor the harty Joy
^ then they conceived by the Birth of Prince Edward, son to Henry
f Eight.
In anno 1539 an other like sesse, by the poll, was made for the
defraying of a great suit at Bruxelles against the Tollours, and cheifly
for the i?itertainement of the Ladies Grace [sic] of Cleves in the
English house at Antwarpe, who Kinge Henry the Eight was pleased
to take to his spouse and wife.
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In 28 AuguBt, Anno 1548, and 28^^ Angast, 1544, An other sesse,
by the poll, was made for payment of 1,000^ flemish to the Emperor
for the maintenance of his warrs and defence of the priviledges of the
Company.
In Anno 1547 an other sesse, by the poll, was for the charge of a
Triumph made at the Entry of the prince of Spaine into the Towne
of Antwerpe.
The 20*^ of October, 1652, it was required by a letter from the
Lords of the Councell that some seuere onier should be taken by the
Company that all Brethren of the Company may lend vnto the King's
Ma**® 20*. vpon eny Cloth Laden in this ffleete, to this Mart, and of
all other woollen Comodities like as the Londoners promised to do,
but nothing was laid upon our Cloth.
In Anno 1552***, 14*** November, Asessment was made by poll for
defrayinge of Charges of a great suit the Company had in England.
In Anno 1654*^, 23*^ October, Asessement was made by poll for
presinge of eleauen thousand pounds for King Phillip and Queene
Mary.
The 7*** November and the 9*^ November are orders for the pay-
ment of the af oresaide prest money.
The 19*^ ffebruary, 1555, Asesment was made by poll ffor lone of
the 60 thousand pound upon the Bequest of the Queene, wherein the
Queene's letters was procured, vnto such townes in the Countrey as was
oessed for the same to make them pay the said sesment.
The 18*^ October, 1560, a letter was published sent from the
merchants of Newcastle wherein they certified that they had sessed the
sum of six hundreth pounds w^ should be by them preste to the
Kinge and Queene's Ma**®, this was by the pole.
Acts made the 19**^ and 31** October, 1560, doe expresse that those
of Newcastle and other brethem of the countrey, w®** are not provide!
to pay the said presse money, shal be furnished by the Company for 8
months paying Interest.
Wee finde also wheras they alledge, y* from An®. 1582 till An^.
1684, the Company was not Restored to their antient trade, and soe
that noe Imposition was levied, neither of those of Newcastle, nor of
any other tradeing from the North in the same comodity, on the
contraiT, it doth apjeare by a letter from the Company at London,
dated the 26*^ October, 1624, wherein they certify this Company that
the traders from Hull to Hambrough in Northern Cloth,* Carsayes and
Dozens, finde themselves greeved that they paid Impositions, accord-
ing to ther quantyty of Trade, and yeat those of Newcastle, tradeing
now of late very amply in the same comodities, and for that place,
were not charged for the like Impositions in any proportion, but were
freed for the payment of 8^ p. annu. soe that Contrary to theire own
declaration there was Imposition paid betwixt the yeare 1582 and 1684
by the Merchants of Hull and Yorke, yeat none paid by this Company
more then the 8^ p. anâ„¢, untill 1624 : at w<^ tyme they demanded
Imposition for Cloth shipped to Hambrough by M'. Rob*. Bewick, a
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brother of this Oompanj, whose servant then (M'. John Emerson) did
deny to pay the same, and thereupon the Company there did imprison
a pack of Oloth of the said M'. Bewick^s, for that new Imposition
in a violent manner, as appeares by the affidavits of the said M'.
John Emerson, and hath since forced some brethren of our Company,
tradeing to Hambrough to pay the said Imposition.
They show us diverse Beceits of Impositions, from the yeare
1626, of some Brethren of this Company till 1687 : w®^ was inforced,
most of them being young men and necessitated to sell away their
Cloth for the preservation of their Creditts, not able to stand out.
But in all these Records they have delivered to us, it doth not
appeare that the Company of Newcastle have constantly paid more
Impositions for 40, 30, or 20 yeares then the eight pounds p. anâ„¢,
antiently paid.
Nay the contrary doth appeare that wee have beene freed of all
other Impositions upon our Cloth, &c., for the payment of 8^ p. annu.
as is manifest both by then* own letter in anno 1628 : and their order
at the same tyme at Hambrough, and this last order att Rotterdam
doe justify as much.
[Dated at Newcastle.]
[Endorsed] Reporte made by L. C. and E. M. upon the perusall
of the orders and other particulars delivered by the Companie of
London.*
[4 Dec. 1^38.]
[Report of the two Chief Justices and the Chief Baron
to the Privy Council.]
That wee have againe heard the sayd parties and their Councell
and their was showne unto us an order of the Court of Merchant
Adventurers made therein the yeare 1519 at the Instance and request
of those of Newcastle by which the Composition for the payment of
the sayd 8^. p. annu. in lieu of all Impositions of those of Newcastle
begunn ; ever since which tyme tyll the yeare 1628 the 8". p. annu.
was constantly payd and no other Impositions upon their clothes.
And their was showne to us another order made by the Court of
Merchant Adventurers beyond the seas but without the consent of
those of Newcastle bearinge date in the yeare 1628, whereby it was
ordered that they of Newcastle from thenceforth should pay as others
of the Companie and should not pay the 8". p. annu. And accordinge
to that order it did appeare to us that the Company of Merchants
resideinge in the parts beyond the seas did enforce some of those of
Newcastle to such Impositions as are now required and yet for all those
yeares ever since they continued to receive the same 8". p. annu.
contrary to their owne order. Therefore wee finde no cause but that
^ the sayd Composition made in the yeare 1619 which hath continued so
longe should styll continue.
• State Papers (Domestic). Chas. I. vol. 398, No. 22.
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[12th December 1638.]
[Order of the Privy Council.]
That the sayd Merchant Adventurers of Newcastle should continue
their trade and pay onely the 8". p. annu. formerly accustomed until
Michaelmas next ; At which tyme they are to attend such further
order therein as their Lopi" upon further consideration and heareinge
of the buissines shall think fitt to setle conceminge the same.
[3 January 1638-9.]
The Coppie of a letter sent to the Company of ]\Ierchant
Adventurers resident in the Cittie of Hambrough in wch
was inclosed the Lords Order of the 12^ December,
1638, asfolloweth:—
Worpp" Sir and Sirs,
Alter, our heartie comendations, &c., may it please you to take
notice that some brethren of our Company here have made their
complaint unto us that notwithstandinge the Order of the Right
Honoble the Lords of his Matie's most Hono^^® privie Councell, made
in November, 1637, then freeinge us of all Impositions save the
Antient Composition of 8". p. annu. you have threatened their factors
or servants, that unless they will pay such Impositions upon their
cloth as others of the brethren of Torke, Hull, &c., doe their goods
shall be seized upon for the same, and they compelled for their deniall
to pay double, but wee presume better things of you. And therefore
least you may seeme to plead ignorance, wee have sent you a coppie of
a second order here inclosed, and so doe advize you to-the observance
of the same and not to molest any of our brethren in the matter of
Impositions, which if you doe you will cause us to renew our complaint
against you, or if you have already exacted Impositions of any of them
since November, 1637, wee require the restoreinge of the same, for
that our desire is and hath beene in all this difference onely to main-
taine the priviledges left us by our forefathers, and have no pleasure
to multiply complaints, but even desire from our hearts that our
antient brotherly band may be restored, which for our parts wee
never gave any occasion to violate, even so Comittinge you to God's
protection wee rest.
Your WorPP® Lovinge friends, &c.
[November 1639.]
[Petition of the Merchant Adventurers of Newcastle upon Tyne.]
They now humbly beseech your Lordships in contemplation of the
Justnes of their complaint and pittie of the insuportable charge and
trouble of attendance dwellinge soe farre remote and for the
encouragement of that small and poore trade they drive with that
Country Cloth compared to that ample trade driven by the Company
of Merchants Adventurers of London now to make a final setlement
of this controversie whereby they shalbe the better inabled to doe his
Matie's service (wherein they have beene alwayes ready and willinge)
as in dutie becometh them and shall ever pray, &c.
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[6 November 1639.]
At the Inner Starrchamber ye 6*** November, 1639. Their Lqpp*
doe appoynt the Merchant Adventurers of England and the Adven-
turers of Newcastle to attend on Wednesday next in ye Afternoone at
the Inner Starr chamber, beinge 13*^ of this present moneth of
November, and their Lopp» will give a finall end in the buissines.
[13 November 1639.]
[Order of the Privy Council at the Inner Starr Chamber.]
This day their Lordshipps did againe heare the controversie
betweene the Merchant Adventurers of England resideinge in London
and the l^erchants of Newcastle upon Tyne concerninge 8". p. annu. to
be payd in stead of all Impositions beyond the seas for the use of the
Company of Merchants Adventurers of England, but did forbeare to
declare any finall order therein untill Wednesday, the 20^^ of this
moneth, against which tyme they doe pray the Lord Treasurer and