of the Merchants of the Staple Sir Gilbert Gerrard Master of the Rolles and Sir Roger Manwood Lord chiefe Baron vnto whom the examination of that businesse was referred by the right Honorable the then Lord high Treasurer Burleigh about the 25 yeare of Queene Eliz. The report followeth in haec verba viz. We haue since our last certificate thereof made to your Lordship according to your Lordships latter direction sundry times heard both the said parties and their counsels and thinke it best now to certifie to your Lordship more at large the effect of all materiall things that hath bin alledged and shewed of either partie for the proofe or disproofe of the matter now in question between them whereof some part now shewed to vs is more then was shewed before And first for the effect of the proofe for the Merchants Staplers touching their antiquitie and their trade of woollen clothes is as hereafter followeth that is to say they haue shewed that in the 51 yeare of Hen. 3. there was a Wooll Staple and wooll shipped and officers belonging to it And also that there was a Maior and Company of Staplers in Antwerpe an 12. of Edw. 2. as appeares by a records out of the office of the Clarke of the Pipe in the Exchequer Also they doe shew forth three seuerall Statutes one in the 14. of Ric. 2. another in the 11. of Hen. 4. ca. 8. and one other in the 9. of Hen. 5. ca. 9. whereby amongst diuers other things woollen clothes are recited in the preambles to be merchandizes of the Staple Item that the Merchants of the Staple haue shipped woollen clothes tempore Hen. 6. as by the Custome booke of Boston appeareth wherein is entred that the Merchants of the Staple shipped cloth versus Leiden in Holland and also in the ships of Camphire and Sirecsea in Zealand which they alledge is probable to go into the Low Countries for that at that time there was no trade into Spaine with clothes and for France there is no trade of broade clothes thither and the ships be named in the Custome bookes Nauiculae and therefore not meet to brooke the Spanish seas to carry clothes thither Item that the Merchants of the Staple haue proued aboue an hundred meere Staplers not free of the Merchants Aduenturers to haue been shippers of woollen clothes in the reignes of King Ric. 2. King Hen. 6. King Edw. 4. and King Hen. 7. against which no proofe hath been made by the Aduenturers to the contrary besides those which shipped in the reigne of Hen. 8. and her Maiesties reigne Item that King Hen. 6. an 36. of his reigne by his Charter to the Merchants of the Staple did publish that the Charter of Hen. 4. granted to his Leidges and now alledged by the Merchants Aduenturers for their part were not meant to trouble or disquiet the Merchants of the Staple in bodies or goods in the Low Countries and therefore concerning the Merchants of the Staple or their goods the said Charter of Hen. 4. should not extend Item it is also proued that the Merchants of the Staple haue shipped woollen clothes in the reignes of King Hen. 8. and some in this Queens time as wel as in the reignes of Ric. 2. King Hen. 6. Edw. 4. and King Hen. 7. already reported Item That her Maiestie an 3. of her Highnesse reigne granted and confirmed to the Merchants of the Staple all such priuiledges and liberties as they did might or ought to haue enioyed a yeare before the losse of Callis by grant of Charter law prescription or custome notwithstanding none vse forfeiture abuse law or statute or any other thing to the contrary whatsoeuer 14. May 1583. Thus subscribed C. Wray G. Gerrard Roger Manwood This is a true copie of the originall Ex. per A. Maynard Vpon these together with many other weighty reasons concerning the conueniences and profit of this State then tendered to their graue considerations the said house of Commons did passe a Bill for them intituled An Act restoring the Free Trade of the Merchants of the Staple for the exportation of Cloth and all other Manufactures made of Wooll in the parts beyond the Seas as by the said Bill appeareth so that whereas out of false premises Misselden makes this conclusion whereby it is manifest saith he that the Cloth and other the Manufactures of this kingdome haue with the fauour of the State beene conferred vpon the Merchants Aduenturers not onely by their last Letters Patents but by many other former grants before recited I answer That by this reply it is most apparant that the Merchants Aduenturers from their first Grant made in the eight of King Henry the 4 vnto the last Grant made vnto them in the fifteenth yeare of his Maiestie they neuer had any propriety or trust of Trade committed to them but with exceptions and limitations as is before expressed And it is also most manifest that the Merchants of the Staple might and did from time to time Ship Cloth in their owne right into Holland c as Staplers and not as Merchants Aduenturers wherefore the power which the Merchants Aduenturers now assume vnto themselues to restraine the Merchants of the Staple from Trading with Cloth as formerly they haue done and the practise which they vse to keepe out other Merchants being Subiects of his Maiestie from being free of their Company is meerely by collour and not by virtue of any of their Grants or Letters Patents whatsoeuer and hereby Misselden may vnderstand what the difference is P. 70. betweene Authority and the Princes Letters Patents and find cause not to maruell but to wonder at his exception And whereas he hath put another glosse P. 56. saying the Merchants of the Staple may Ship Cloth still such of them as are free of the Merchants Aduenturers whereof saith he there are many I answer That of all the Merchants Aduentuers that are now Traders in Cloth there are but oâ—ely three of them free men of the Staple Thus farre haue I followed him in his chace after the Merchants of the Staple And now I finde him persuing another of his supposed aduersaries viz. the Merchant Stranger Concerninâ— the Trade of Merchant Strangers and their losse or the lessening of their Trade he would salue with a distinction of Cloth dressed and vndressed affirming that the Merchant Stranger could neuer ship Cloth vndrest by reason of certaine Statutes made against it and for Cloth dressed and other Manufactures he saith they may ship them still paying Strangers Custome and perhaps better cheape also This point I thinke and especially the perhaps is worth the examining It is true that there are Statutes against shipping Cloth vndressed aboue a certaine value but there haue beene euer or for the most part meanes to dispence with the said Satutes as the Lord of Cumberland his Lycence and others of that kinde for which busines there hath beene vsually heretofore an Officer in
frequently when siluer is aduanced by altering the proportion and reducing the same to 12 to one or thereabouts Secondly The forreine coyne will be aduanced by these meanes 7 vpon the hundreth aboue our Starlin moneys and thereby increase the exportation of the said Royalls Thirdly The King will loose his coynage money being aboue 2 d. vpon an ounce and the melting downe of his moneys and effacing of his stampe is a great derogation of his Prerogation Royall it being a marke of Soueraignty Fourthly The inhauncing of the said Royalls will alter the price of Plare as also of other commodities within the Realme which is a matter much respected hitherto Fiftly When moneys are inhaunced beyond the Seas the price of exchange doth also inhaunce in some measure but when moneys are inhaunced here the exchange abateth which causeth the exportation of our money to increase As for example The propery of true exchange If to make siluer equiualent to gold of 12 to one the ounce should be valued at 5 s. 6 d whereby it would be inhaunced tenne Pro cento should be though conuenient it would make the price of exchange to fall 10 Pro cento or more which for the Low Countries would fall to 30 s. and vnder and so it will be still transported and the making of forreine coyne currant within the Realme aboue the value of ours is not vsed vpon any good order as we haue noted by the Arch-Dutchesse of Austria To come therefore to the true remedy wee are to consider the true causes of their operations to which end we haue declared in the Equin octiall the losse which the Realme sustaineth by a low exchange or the vndervaluation of our moneys as also the benefits which will arise by the high exchange as meerely opposite vnto it so that we may conclude certainly Causes to preuent the ouerballancing è conuerso I that when the exchange shall be rectified and our moneys be truely valued in exchange 2 according to the inhauncing of moneys beyond the Seas 3 then will the transportation of moneys cease 4 and the more natiue commodities will be exported and consequently the losse of that inhauncing being preuented 5 will cause Bullion and moneys to be imported 6 and the lesse forreine commodities to be brought in 7 the Royall of Spaine will not be diuerted nor the Trade depending thereupon 8 which will procure plenty of money 9 to aduance the price of our commodities 10 and abating the price of the forreine commodities thereby effectually preuenting the aforesaid ouerballancing This is to be done onely by his Maiesties Proclamation The way to restore Englands Wealth according to the aforesaid Statutes and Proclamation of exchanges prohibiting that after 3 moneths next and ensuing the same no man shall make any exchanges by Bills or otherwise for moneys to be paied in forreine parts or to be rechanged towards this Realme vnder the true Par or value for value of our moneys and the moneys of other Countries in weight and finesse but at the said rate or aboue the same as Merchants can agree but neuer vnder the same which shall be declared by a paire of Tables vpon the Royall Exchange in London with such cautions and obseruation as formerly haue beene noted whereunto I must referre my selfe to be seene at large in Lex Mercatoria For the better vnderstanding hereof and to shew that the like hath beene formerly done but therein onely direction was wanting hitherto I haue thought conuenient to put downe the same verbatiâ— as followeth A Proclamation for the ordering of the exchange of money vsed by Merchants Queene Eliz. according to the 〈◊〉 and Statutas of the Realme FOrasmuch as there are so great abuses of 〈◊〉 yeares growne by the corrupt dealing of sundry Merchants and Brokers as well Strangers 〈◊〉 vpon bargaine of exchanges and rechange of moneys to be paid both out within this Realme as not onely the good laudable and profitable vse of naturall Merchandising is greatly decayed the true values of the moneys of this Realme much â—based and her Maiesties Customes and subsedies that are the ancient inheritance of this Crowne diminished and withdrawne with sundry of 〈◊〉 inconueniences to the notable damage of 〈◊〉 Realme for the due remedy whereof there 〈◊〉 beene made heretofore sundry good Lawes and Statutes of this Realme which doe still continueâ—â— their force The Queenes Maiestie intending 〈◊〉 haue such great enormities and mischiefes 〈◊〉 doth giue all maner of Merchants Broken all other persons vsing to bargaine by exchange and rechange to vnderstand that her meaning 〈◊〉 haue such Lawes and Statutes put in executiâ—â—â— haue beene prouided and doe remaine in force for this purpose and therefore warneth all maner of persons to haue hereafter due regard thereunto 〈◊〉 on such penalties as in the said Lawes Statures 〈◊〉 other ordinances remaning in their force is pâ—â—uided And for the lawfull satisfaction of all such as shal haue necessary cause to take or deliuer any money by exchange there shall be certaine orders in 〈◊〉 set vp in places conuenient declaring the rates thereof as the same shall or ought to be paid to the vse of her Maiestie or to her Ministers and Officers thereunto authorized Giuen at Green-wich the 20 of September 1576 in the eighteenth yeare of the prosperous Raigne of the Queenes Maiestie The Noble and renowned the Baron of Elsmere Lord Chancellour of England deceased vnto whom I owe perpetuall obligation did at fouerall times aduise at the Councell Table to publish the like Proclamation with some other good obseruations seeing therein is nothing required but equity and iustice agreable to the Lawes of Nations But the euill man sowing Thres in the night made the weedes to grow so fast that the good feed could not prosper so that inueterated diseases breaking forth at last makes vs to feele the smart thereof For some men vpon priuate respects will cast doubts beyond the Moone The nature of vnexperience Others will propound more questions in an houre then a wise man can answere in a yeare And others are alwayes consulting and neuer deliberating So that the graue and discreâ—te Councellours of State are to determine these serious businesses And to the other I may say Know you not that the sâ—ept the Doctrine of Pyrrhâ— Ariston and Heriâ—â—â—â— hath beene long agoe hist out of the Schooles or rather banisht and confined amongst the Barbarians will you cause vs to doubt of all things then shall wee doubt whether you doubt or no it is possible you can carry bread in the 〈◊〉 hand and a stone in the other neuertheles to 〈◊〉 vnto these men some satisfaction which make 〈◊〉 whether the said his Maiesties Proclamation 〈◊〉 obeyed here beyond the Seas I am to proue that the Center of Commerce will effect the same for gaine will command effectually The Center will Command Por el Dinero bay la 〈◊〉 Perro said the Spaniard
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 coÌ„mitted 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 behalâ—e