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A06785 The center of The circle of commerce. Or, A refutation of a treatise, intituled The circle of commerce, or The ballance of trade, lately published by E.M. By Gerard Malynes merchant Malynes, Gerard, fl. 1586-1641. 1623 (1623) STC 17221; ESTC S111905 76,643 152

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the chiefe direction of that which he expresseth He sets forth their authoritie to keepe their Courts in their Towne of Callis but he conceales two matters of consequence contained in their Letters pattents viz an Exception and a Command An exception a command of the Merchants Aduenturers grant the Exception that if in their Courts they make any law or ordinance contrary to the honour dignitie royall or prerogatiue of the King or to the diminution of the common weale of the Realme it is of no force The Command We streightly charge and command that all and euery Merchant or subiect any way vsing or exercising the art or feat of a Merchant Aduenturer be obedient vnto the Gouerner and come into the said Fellowship of Merchants Aduenturers and be free of them paying the Haunce of ten marks sterling according to a certaine Act of our high Court of Parliament made within the time of our reigne c. And no maruel though he conceale it for that the practise of the Merchants Aduenturers is so contrary vnto it for to say nothing of their orders but of this disorder they do not onely refuse to admit his Maiesties subiects to be free of their Companie according to the said Command contained in their Letters patents and according to that good and worthy law yet in force as aforesaid but as I am informed they haue vtterly reiected and of late driuen out of trade by procuring the imprisonment of their persons and seizing their goods and other like vexations such as haue been brought vp in the trade of merchandize most part of their liues and so many as haue been obserued to trade for an hundred thousand pounds per annum and more yea notwithstanding that some great ones whom I thinke not fit for me to name haue spoken yea and written in some of their behalfes Now to proceed according to his booke From this time the Merchants Aduenturers continued without any other addition or alteration vntill the sixt yeare of Queene Elizabeth P. 34. at which time saith he they were inscribed by the name of Merchants Aduenturers of England and had authoritie to exercise their gouernment within this Kingdome wherein is to be obserued that the power and priuiledge giuen them by their former grants was but for their gouernment and vse in forreine parts wherin such abuse was cōmitted y t they were at two seuerall times greatly complained of in Parliament in the 36. of Hen. 6. for interrupting of the Staplers and in the 12. of Hen. 7. for disturbing of other English Merchants vnder pretence of a particular relation that they seemed to haue to S. Thomas Becket for redresse whereof there were at the same times two worthy and memorable lawes made that are yet in force wherein there is a large expression of the complaints and remedies And whereas he relateth that in the 28. of Queene Eliz. these Merchants Aduenturers had a new grant for enlargement of their trade into Germanie with prohibition of all other her Maiesties subiects not free of their said Fellowship to trade into any of their priuiledged places which he saith he hath not by heare-say but by his owne collection I wish he had made a true collection and expressed the especiall prouiso that nothing therein contained should any way impeach or preiudice the Maior Constables or Societie of the Merchants of the Staple but that they and euery particular brother of that Companie should and might vse their trade and priuiledges as formerly they had done c. And at that same time the Merchants of the Staple had as free trade and large priuiledges in the Low Countries and Germany as the Merchants Aduenturers And in his recitall of the Letters patents made vnto the Merchants Aduenturers by his Maiestie he continueth his former course setting forth the tenor of the grant to the vtmost but not a word of the limitation and exception For it likewise pleased his Highnesse into those Letters patents granted vnto the Merchants Aduenturers in the xv yeare of his reigne to insert a most gracious prouiso and large exception for the Merchants of the Staple The prouiso followeth in haec verba viz. Prouided alwayes that these our Letters patents or any thing in them contained shall not in any wise be preiudiciall or hurtfull to the Maior Constables and Fellowship of Merchants of the Staple of England or to their successors or to any particular Fellow of the said Fellowship that now is or hereafter shall be but that they and euery of them shall and may haue and enioy all and euery such grants liberties and priuiledges as heretofore haue bin granted vnto them by Vs or any other our progenitors or predecessors as they or any of them haue lawfully vsed or had in as large and ample maner and forme as they or any of them might or ought to haue had or enioyed before the date of these presents any clause article or restraint in these patents contained to the contrary notwithstanding If they obiect that this prouiso was in respect of the trade of wooll and not of cloth I answer that cannot be so for that his Maiestie by his publique Proclamation had forbidden all exportation of Wooll three yeares before so that there was nothing to be reserued to the Merchants of the Staple by this prouiso but their trade of cloth And whereas he saith that the Merchants of the Staple neuer shipped any clothes at any time as Staplers but as Merchants Aduenturers I answer that the Merchants of the Staple in their notes aforesaid exhibited to the high Court of Parliament at the last Session did set forth that they had vsed the trade of shipping cloth before the Merchants Aduenturers or the Leidgers their predecessors had a name or being as is before recited and that they afterward exercised the same trade into the same Countries together with the said Merchants Aduenturers as they affirmed they could proue by Indentures of composition made betwixt the said two Companies They likewise signified that they haue had their trade of exporting all Staple commodities whereof cloth was one continued and confirmed vnto them by sundry Acts of Parliament viz. in the 27. of Edw. 3. and likewise in the 36. of Hen. 6. together with many other in the times of succeeding Princes and also by diuers and sundry the gracious Letters patents of Edw. 2. Edw. 3. Ric. 2. Hen. 4. Hen. 5. Hen. 6. Edw. 4. Hen. 7. Hen. 8. Edw. 6. with a large and ample grant of new titles and priuiledges in the third yeare of Queen Eliz of famous memory which she enlarged vnto them in the 26 yeare of her reigne and that all these haue been effectually confirmed vnto them by his Highnesse gracious Letters patents And for further proofe of their vse of the cloth trade they exhibited a report of three reuerend Iudges viz. Sir Christopher Wray Lord chiefe Iustice The report of three reuerend Iudges in the behal●e