this kind, least thereby there be fomented new differences betwixt us,
but rather in brotherly love to rest satisfied with the truth and
justnesse of this our answer; for we are very unwilling to draw
ourselves to any new inconveniences if wee can avoid them. And
therefore we desire your worshipps to give advice to our brethren of
Hamburgh to take of the said fynes, and we shall take it as a signall
testimony of your desires to have a continued good correspondency
with us, and in confidence hereof we take our leaves and rest,
Your worshipps very loving Mends, &c.
September the 8, 1653.
[30 Sep. 1653.]
A letter to be sent to Hamburgh in answer to theirs was read, the
copy whereof folio weth.
Right Worshipf ull Sir and Sirs,
Tours of the 5*^ of July came to our hands the 25^^ of the same,
whereby you seeme to expect wee should observe your appointed dales
of shipping cloth for Hambrough, to which we have never hitherto
been obliged, nor can wee submitt to that act of yours, because our
trade here for that place hath never been soe considerable as to freight
a shipp (as at other places), but were alwaies forced upon a sudden to
shipp the small quantity we had ready in cole loden shipps. And (as
in our former) we still desire that noe new observances of any acts
made without our consent may be put upon us here seeing we are
ready to submitt to your order for show dales, wee hope these few
lines (when you have rightly weighed all circumstances) will fully
answer aU you can justly expect from us. Soe we take leave and rests,
, .,^ -I. i^r..!- 1Z.CO Your worships loveinff friends
Newcastle, the 6*- of October 1653. ^^^ brethren, &c.
[13 January 1653-4.]
A letter from the company at Hambrough, of the 18^^ of October
was redd in open courte, and a comitty ordered to meete on Monday
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61
next to answer it, as also to frame another letter for London, whose
names here follow : Mr. W™. Johnson, mayor [and six others] or any
fower of them.
The coppy of the letter sent from Hambrough here followeth :
Worshipfull Sir and Sirs,
Wee have received your letter of the 1 '^ of August last, which being
being published here at a generall court holden here the 3'** present
occasioned us to looke backe touching the particulars, wherein you
seem unsatisfied, and upon pernsall find wee communicated the same
to our brethren at London, who gave both us and yourselfes theire
sence upon the same, upon which we returned you an answer on the
19^^* of April last, which possibly may not be come to your hands,
being you only mentioned the receipt of ours of the 22*^ of Novem-
ber ; therefore we enclosed send you a copy thereof, which appearing
in itselfe to be soe just and equall, and agreeing with the orders of the
ffellowshipp, grounded upon our charters, that wee doubt not but you
from thence will receive full satisfaction, and for the present wee shall
onely add that whereas you conceive that that order in folio 34 hath
noe manner of relacion to you of Newcastle, for that it intimates an
apprentise to be free at 8 yeares, yet you are noe lesse free in point of
stint of apprentises then any other brethren of the ffellowshipp of
Merchants Adventurers of England, ffor that our orders doe permitt
any freeman of Newcastle to take an apprentise for 8 yeares, provided
he make him a freeman onely of this ffellowshipp, without the
t'reedome of the towne of Newcastle. And for that order which hath
particular relacion to youi^selves in folio 118, sect. 8^^, which you say
you never heard of before, we find it to be noe late order made by us,
but recorded amongst the most auncient orders of ffellowshipp, and
therefore wee desire you to forbeare any such expression of our
endeavouring to cast you into any slavish or sad condition, for it
neither is or hath been our practice to make any orders, whereunto
you are more lyable then other members of the company, neither were
you at any time debarred of giveing your consents. Wee hope this
which hath been formerly writ will cause you to acq ui esse which will
be a signall of your desire to preserve a good understanding betwixt
ns. And concerneing the particular case of Mr. Ellison (of whose
deserts the company hath given such an ample cbarecter) upon his
fitting addresses unto our court, we doubt not, but he will find all
reasonable favour and good respect. And soc we committ you to the
protection of the Almighty and rest.
Your worshipps very loveing brethren
Hambr: the 18*'» day and friends, the deputy assistants and
of October 1653. fellowshipp of Merchants Adventurers
of England here resideing,
To the worshipfuU Christopher Richard Bradshaw, dep.
NicolBon, Esq., Alderman, and
the rest of the fEellowshipp of
Merchants Adventurers of Eng-
land, residing in Newcastle.
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^^
52
[20 Jan. 1668-4.]
The comitty appointed the last court for preparing an answer to a
letter, &c., have discharged theire trust. The letters were sent on the
28 of instant per the post, the copies whereof here follow :
To Hambrough.
Eight Worshippfull Sir and Sirs,
After our due respects these are to acquaint you that we received
yours of the 18"* of October with an inclosed of another letter dated
the 19^^ of Aprill last, whereby we perceive that our letters have not
prevailed with you for the takeing of those fynes you have imposed
upon Mr. ElMson and some others of our brethren, but on the contrary
you still seem to justify what you have done, and refer us to that copy
of the 19'^ of Aprill for our better satisfactions. And both your
letters we have communicated at a generall court here, and upon
perusall find that you much insist upon our being members of the
ffellowshipp of Merchant Adventurers of England (soe we suppose you
meane), and therefore you conclude wee ought to be subjectai to all
your orders, and by pretext whereof yee fyne us at your pleasures.
Wee desire therefor that you will looke backe to the passages betwixt
us in our late controversie, where wee made ourselves appeare to be a
company of Merchant Adventurers of Newcastle-upon-Tyne, independ-
ent, yet incorporated with the company of Merchant Adventurers of
Braband beyond the seas, under the name of Governor, Assistants, and
ffellowshipp, and in our said controversie we were soe acknowledged,
though since you would not afford us that title in your letters, which
notwithstanding wee opened rather to manifest our respect to you
then to give away the dignity of our title (which we expect from you
for the future) but for more particular answer to your letters, we con-
ceive we are not soe obliged to orders you make as other members, who
want such distinguishing charters as wee have. And whereas you
alleadge that the eight pound per annum agreed upon in the place
of impositions, doth not any waies exempt us from relation or sub-
ordination to your «:overnement, we on the contrary did make appeare
in our former contest before our brethren of London, and our then
judges, that we were not obliged to take such oathes as you imposed
upon yourselves and others, being an auncient company of ourselves,
incorporated as before and not lyable to the acts and orders that were
made by your company without our consent, whereupon you were
then, contrary to your owne acts, commaunded to restore our cloth
then impounded, to forbeare alsoe the exacteing of fynes, as particu-
larly of forty-eight shillings upon our sonnes and servants at theire
admission, and diverse other things since revived by you, and for this
then not heard of broage for our takeing pf apprentices beyond the
stint of your act, we are able to cleare ourselves before any judicature
that we may take apprentices according to the act of our company
here, and if we should exceed that stint we are liable to be sensured
by our selves, and not by you. For number of apprentises doe most
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58
trench upon our home trade, soe that thereby we conceive you have
noe losse at all. ffor scarce one of twenty of our apprentises doth
come within your cognizance, unlesse to take up theire fredome,
which upon our certificate you ai^e to give admission unto, they
paying 6^ 8*^. sterling. And we suppose you will scarce find any
right president in former times of fyneing any of our company here
for exceeding the number of their apprentises, nor for other pretended
offences, which of late you have exacted from some of our brethren.
But indeede the ground of our suffering is that when our sons or
servants come for theire admittance, you take advantage upon theire
short stay, they commonly haveing little other businesse but to take
up theire freedome, which they come for at theire great charge, and
without which they are loath to come away. Then you commonly
pretended that they were liable to one broage or more, which must be
either paid or security given for it, else will you denie theire freedome,
for that they being unable to dispute the thing, doe rather submitt to
any thing then hazard another chargeable voyage. Yet to give you
a more full answer in relation of our more apprentises then the
number limitted by you, we desire you take notice that all of us
that are capable of your freedome have alsoe the freedome to trade
with Norway, Sweden, Eastland, Holland, fflanders, ffrance, and any
other places where we please, which many free of your company can-
not doe. Besides we keepe shopps, which you doe not, and therefore
our way of trade will require the more apprentises, and though it doe,
it can be noe injury at all to your company, for the maine trouble
you have with them is when they come to take up theire freedome,
which is their right. And therefore for your fynes we conceive they
are not legally but illegally hnposed, though (as you pretend) you may
have the approbation of our brethren of London for the same, there-
fore w^ earnestly desire you to take the premisses into more mature
consideration, and then wee hope you will take of the fynes imposed
upon Mr. Robert Ellison and others, and forbeare the like for future,
which will give us much incouragement to serve you to the utermost.
But if notwithstanding our just allegations you will still resolve to
have your wills upon us, we shalbe necessitated to make our com-
plaints knowne to higher powers, where wee doubt not to find just
releife. This is our last refuge, and we have yet hopes you will not
force us upon this rocke. If you doe we are confident we shalbe
vindicated in our just right, though we much rather desire in a good
correspondency with you to remaine.
Your Worshipps loveing friends and brethren,
Newcastle, Jan. 23*»» 1653. the Governor, et ccet.
Here followeth the copy of a letter to London.
Right WorshipfuU Sir and Sirs,
Wee desire you to take care this inclosed be sent forward, which is
a finall answer to their last letters, and our resolution that if (after all
our just grounds and reasons now and formerly given them for the
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64
removeall of all misunderstanding betwixt us) thej will not be pleased
to withdraw those fynes (illegally and unjustly imposed on some of
our brethren and withall assure us they will forbeare hereafter to
molest us in the like kind, we must be forced (though very
unwillingly), without any more delay, to complaine, where we doubt
not but the justnesse of our cause will not onely admit t a heareing, but
bring all our troubles (in that) to a period, which we thought fitt,
brotherly, to hint to your worships, that soe*we may cleare ourselves
from blame in defending our just and auncient priviledges. Soe we
take leaue to subscribe ourselves.
Your worshipp loveing friends and brethren,
Newcafltle, Jan. 2H^^ 1653. the Govemour et coet.
[22 March 1653-4.]
The copy of a clause of a letter from a friend at Hambrough to
Mr. Governor was redd, intimateing the companies continuance of
disagreement with us, together with their sleighting our late letters
sent to them, and further designing in what they can to prejudice us
for the future ; it is ordered that Mr. William Johnson, mayor [and
13 others] or any seaven of them, upon 5^. fine for every one that is
absent, are to meete on Saturday next at 2 a clocke at afternoone in
the Merchants Court there to contrive the best way for the preven-
tion of theire intended harmes to this company. Alsoe it is ordered
that every merchant shall advise his ffactor not to pay 15^. upon a C
pound, or any other new imposition laied on at Hambrough by the
company upon our goods.
[19 April 1654.]
The comitty formerly appointed to contrive the best way for the
prevention of the intended harmes of the company at Hambrough
against us are desired to proceede to give instructions to Mr. Edward
Mann and Mr. John Butler, who are chosen to goe to London about
the Companie's businesse.
[19 May 1664.]
It is ordered that Mr. Edward Mann and Mr. John Butler forth-
with shall have instructions given them by the committy appointed
for that purpose who are to repaire to London about the companies
businesse. And at present, for defraying of theire charge (the
generall cash being litle) it is voted by poule 20*. for every member,
and this to be paid in at or before the next court, otherwise it is
ordered the said summe to be doubled. It is further accorded to, that
every one that shall come in for his freedome before the sute bee
ended betwixt us, the merchants of London and Hambrough shalbe
liable to this poule, and to whatsoever sesse the company shall thinke
fitt to be paid for the maintenance of the said sute, and for the better
incouragement of the gentlemen that are to goe upp it is ordered that
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55
each of them haveing a man shall have 26". 8*. allowed them, being
fower per diem, for the defraying of theire charges, as long as theire
imployment lasteth for the company.
Instructions given them by order of court with a letter to the
company resident at T.ondon here foUoweth :
1. Wee desire you, as soone as you come to London, to repaire to
Sir Thomas Tempest and some other learned councell, and with theire
assistance to prepare your complaint against the Merchants
Adventurers of London, which being eflPectudly done, we then would
have you deliver our letter to the Governor of the Merchants
Adventurers, and if you perceive they delay you, then to proceede as
by your councell you shaJbe advised.
2. That afi Sir Thomas Tempest and Mr. Recorder shall advise
you, make the best friends you can and procure the most able councell
the better to carry on our businesse, knowing you have to deale with
8oe potent adversaries.
'6. That from time to time you acquaint us with your proceedings,
that we may the better know how to advise us.
4. Wee desire you to make use of Mr. Rushworth and Mr.
Maddison, who are the towne's agents, and may possibly be very
serviceable in this businesse, whom we desire you to gratiiie, as you
find they may deserve.
[12 May 1654.]
This is the last Order by the Lords of His Maties Hon^^® Privie
Councell in relation to this grand suite. Since which tyme our
Adversaryes continuinge their oppressions and at their pleasures
fineinge and receiveinge of divers brethren of this Company unusuall
and unheard of somes of money to redresse which this fellowshipp
(haveinge divers tymes by letters to them at London and Hambrough
desired reparation but could not be releived) determined to petition
the Lord Protector and to that end did appoynte 2 Brethren of the
Fellowshipp, viz., Mr. Edward Mann, and Mr. John Butler, to take
journey to London to gett a refference of the same with a Comission
to treate and make an end of all differences if so it were desired before
further proceedinge, the Comission follows with a letter to the
Company.*
[22 May 1654.]
The Coppie of a letter to the Company at London :
Right WorPP^ S' and Sirs,
After our due respects these are to acquainte you that wee have
nsed many brotherly addresses both to yourselves and the Companie
at Hambrough to prevent any new diflPrences amongst us ; and
* This note, although written on the 12th May, 1654, is to be found m the
MS. book at the foot of the Order of Council of the 22nd November, 1639,
before set out.
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56
therefore desired you very often to looke backe to the close of our
late suite which was sentenced soe manifestly on our behalfe that wee
need not now mention it. It was indeed for some short tyme
observed by you both in relation to Impositions and other exactions
as pticulerly that of 48^ comonly Imposed upon any brethren at their
admissions and promised that the 48®. should be for the future
forborne, but now of late the Company of Hambrough hath not onely
exacted that of 48®. but divers other fines and brogues to great valew
the like not practiced before. And now also they have distrayned for
Impositions of Cloth and Imprest money though its well knowne that
our antient Composition of 8". p. annu. should cleare the brethren of
this Company therein. Wee have thought fitt to advize our brethren
whom wee have sent up authorised to make our complaints against
the illegall proceedings of the Court at Hambrough to repaire to your
WorPP® herewith, and it wilbe a very great happines to us if you so
resent the sad effect of a renewed difference as by your just
complyance to grant us of your selves that satisfactory redress herein
as may knitt our affections the stronger each to other and prevent
all further occasion of complaint which is the hearty desire and
shalbe the reall indeavour of us who are
Your WorPP® very loveinge friends, &c.
L12 June 1654.]
A note from Hambrough was received from Mr. David Hetsetter,
wherein it is testified under hands that our auncient imposition or
agreement of 8". per annum was tendered them by Mr. David
Hetstetter since anno 1636, which is unpaid, but the summe rifused,
except it would be paid in parte of the arreares of particular members
of the said company of Newcastle for theire particular impositions,
which they pretend to be due unto them, they not knoweing any such
agreement, neither would they accept of it otherwise then as from
other members of London, Yorke, and Hull. Dated at a court at
Hambrough the 29*^ of May, 1654.
The coppy of a letter sent to Mr. Edward Man and Mr. John
Butler :
Gentlemen,
Yours of the 8*^ of June wee received yesterday, wherein you certifie
us that the merchants of London are unsatisfied with the commission
wee did give you alleadgeing your power was not full enough to treate
and make an end of the differences betwixt them and us. You
likewise write us the charge and hasard that may be if we have
contest with them by reason they are more befriended then wee.
You are likewise pleased to intimate to us that they say our auncient
agreement reacheth noe further then to personall impositions. In
answer thus we have sent you a full commission under the companie's
seale to treate, determine and end the differences (not doubting but
you will first acquaint us before you conclude, or consent to any thing
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57
which may be prejudicial! to our auncient priviledges), for the second
wee desire you not to be afraid of the manageing of a good cause, they
were formerly as powerfull as now. And for the last wee hope that
you have with you that will cleare theire evasion for personall
impositions. But we understand not what they meane by personall
impositions, and it may be some of our brethren, as Mr. Bewicke,
Mr. Butler, and others have. paid impositions for cloth shipt from
from Hull, but never any for cloth shipt hence, unlesse when they
forced it at Hambrough, which was onely a short time immediately
before last suit with them, which they upon a coppy of the Lords
order forbore any more to demaund till now. AVee have likewise sent
you enclosed the coppy of our late letter by you to the Merchants
Adventurers of London, for our charters in our hands, wee have onely
one of the second of King James, which hath relation to one of the
first yeare of Queene Elisabeth, one in Queene Marie's time, to one in
Edward the sixts time. Four charter in the 17 yeare of King John,
which is our principall charter, the record of that you will find in the
Tower. Wee received a letter yesterday from Hambrough from
David Hetstetter, giveing notice that according to our order he
tendered the arrear for our 8". per annum, which was refused, as per
an attest herein inclosed, and he will send a coppy of the register
next court, when it is confirmed. He gives us encouragement that
they will repent of their doings. They deny that ever there was an
agreement they knew of, and though they gave order to search the
booke what the arreares may bee, yet they will not beleeve that ever
theire company received and quitted us for the 8^*. per annum, since
our woolfeU trade, which they still harpe upon. But you can make
good the contrary enough. We beleeve the maine ground of theire
delay to treate with you is to heare from Hambrough before they
would conclude anything with you. But wee hope you will upon
receipt hereof admitt of noe more delay for theire answer, but to
husband time as well as you cann, that if you apprehend noe hope of
conclndeing in a faire way, you may proceed against them as councell
shall advise you, but we hope the more resolute you appear the more
ready they will be to comply. In some hast we take leave and rest,
Newcastle, June the 12*»» 1654. Your loving ffrinds, &C.
A Petition preferred to his Highness the Lord Protector by
the Newcastle Company :
To his Highness, &c.
'I'he humble petition, &c.
Humbly Sheweth,
That the Merchants Adventurers of England consist of divers
ComjMmies inhabitinge in divers other parts of England as well as in
the Cittie of London, and each of them by the Law of England de-
clared in Parliament ought to have free trade and not to be charged
without their consent by any of the other with any exaction fine,
hnposition, extortion, or contribution whatsoever.
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58
That the petitioners are and have beene tyme out of mynde a
severall and distinct Company, haveinge a Governor of themselves
and beinge severally Incorporated by themselves and by antient
Charters, as well as by the law freed from any Impositions to be levied
upon them by any Merchant Adventurers either of London or else-
where, either on this side or beyond the seas, without their owne
agreement or consent thereunto.
That by Agreement and Composition made by a generall consent
beyond tyme of memory your petitioners have payd a certaine yearely
somme of 8^ sterlinge to the Merchants of London resideinge beyond
the seas in lieu and full of all Impositions of the Merchant Adven-
turers of Newcastle.
That the Merchant Adventurers of London (usurpinge to them-
selves ye name of ye Merchant Adventurers of England which is
comon to your petitioners and others with them) about 18 yeares
since layd or procured to be layd and exacted upon your petitioners
Impositions and other burthens against which a petition was preferred
to the late Kinge, the consideration whereof and of the answere of
the Merchant Adventurers of London thereunto was referred severall
tymes to the 2 Lords cheife Justices and Lord cheife Baron who after
full heareinge of both parties and their Councells made severall
certificates on your petitioners' behalfe which were approved of by
the Lords of the Councell as may appeare by the coppies of the sayd
former petition and of the certificates and orders afforesayd thereunto
annexed.
That your petitioners thereupon had their cloth restored which
was wrongfully seized and not new Impositions layd upon them till
this yeare that begininge to revive their trade at Hambrough the
Company there by power and pretended authority of the sayd
Merchants of London have, without the petitioners' consent, Imposed
and levied Impositions and Imprest of moneys of your petitioners as
of others, notwithstandinge the sayd antient Imposition, and have
further fined your petitioners' sonnes and servants at their admissions
in great and unusual somes of money to their great greife and
oppression, manifestly tendinge to the ruine of your petitioners and of
the sayd auntient Company and trade of these parts.
The petitioners' humble suite is that they may freely continue the
trade and their sonnes and servants may have their freedomes as
formerly, payinge the sayd antient Composition of 8". p. annu. And
that no Imposition or other charge be layd or levied upon them by