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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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Right Honorable Lyonell Baron Cranfield Earle of Middlesex is Lord High Treasurer of England whose name Misselden hath omitted in his Epistle Dedicatory for his Lordship hauing knowledge of moneys and exchanges is better inabled to aduance this important matter if it be possible that this time can entertaine good things wherein I am the more confident because the King himselfe in his high wisedome was desirous to be informed hereof by the Lord Vizcount Mandeuill Lord President of the Councell who calling by his Maiesties commandement vnto him Sir Robert Cotton Knight and Baronet Sir Ralph Maddyson Knight M r. Iohn Williams his Maiesties Goldsmith M r. William Sanderson Merchant Aduenturer and my selfe in the Moneth of Aprill 1622 deliuered to the Kings Maiestie a Remonstrance made by vs A Report touching Exchanges containning in substance That hauing examined the nature of exchange of moneys by Bills how it went in the elder and euener times and how it is now carried to the preiudice of the Realme and what will be the best meanes to reduce it to the former equity and parity according to the Rule of exchange which is Par pro Pari wee did find that this equall and ancient Rule is broken by the inhauncing of the price of moneys beyond the Seas whereby in effect wee exchange part of the intrinsicque value of our moneys for their outward denomination or valuation and that the redresse of this vnequall exchange betweene vs and forraine nations may be done by his Maiesties Proclamation without inhauncing of our moneys at home or meddling with the finesse or allay thereof in such maner and forme as therein is declared and hereafter expressed according to our former declaration in Print both in the Treatise of the maintainance of free Trade and Lex Mercatoria wherein Gaine the Center hath a Predominant power And hereby it may appeare that I haue not forgotten Cato his lesson Ad consilium non accesseris antequam v●ceris neither am I so audatious and vnmannerly as Misselden would proclame me to the world he hath neede of a leather case for his tongue that in all his Circle supped vp such hot broath P. 17. Contra verbosos noli Contendere verbis c. To examine now the Center Gaine in euery particular Trade of the Realme for forraine parts wee will begin with the song of foure parts so termed by Misselden P. 52. and answer most of his Satyrike speeches with merry conceits which may proue harmonious to the wise but if any thing shall seeme to be extreuagant let it be attributed to this Region of Capricorne where Corneited beasts will be skipping the voyces of his song is of strangers of the staplers of the Interloopers and of the Ports and the poore Merchants Aduenturors are made the burden of the song P. 49. on whom I doe indeuour as he saith to lay a Tacite and secret Aspersion of which he maketh himselfe to be the informer A Sycophant is taken for a flatterer of the Greeke word Sycos which signifieth a Fig for the Kings in times past did so much esteeme that fruit as Princes doe now their Deere and such Promouters as gaue information of the taking of figgs were so called which agreeth with ours howsoeuer I hope that his song will be a recantation of his errors as all good Patriots ought to doe albe●t he may perhaps for a time recantare that is sing it ouer againe Humanum est errare sed perseuerare Diabolicum As I will not scatter any society or corporations in that which proueth preiuditiall to the Common-wealth so haue I forborne to speake that which neuerthelesse is very considerable and hath beene obserued by that worthy Councellor and Secretary of State Sir Francis Walsingham touching Corporations where the absolute disposing of the Trade is left vnto them without the Prince his guide and direction for Commodities Moneys and Exchanges all my writings are emblazoned with the praise and commendations of Merchants albeit Misselden goeth about to make me distastfull in peruerting or misconstruing of them after his maner especially that I would haue the indraping of our Woolls to be done in forraine parts which he can neuer proue neither will I make any other answer in defence thereof then is made already For it is recorded that he who will make a great fire continually must rake together much meane fewell and he that will be alwayes shaking the spleene of others must haue as this man hath much curiosity more words and most lyes his face must be as hard as the shell of a Tortis his tongue as sharpe as the quills of a Procerpine his heart as vncleane as the Stable of Augnis before Hercules brought in the riuer Alpheus to clense it He saith That the State hath beene abused by information that the Dutch could not subsist without our English Cloth P. 51. THere is not any such thing in my writings neither did I euer stand so much vpon the necessary vse of our Woolls but I did insist vpon two principall points concerning the sale of Cloth The aduantage of the sale of our Cloth which was that other Nations buying heretofore our Clothes when they were sold deerer by the one halfe in price then they be now sold did neuer complaine that the Clothes were sold too deere but they did alwayes complaine of the false making of Cloth and againe that other Nations are as willing to sell vnto vs their forraine Commodities as we can be to sell our Clothes to them for those that make Clothes in their Countries haue no occasion to buy forraine Wares or the Commodities of other Countries but seeke to sell them for ready money or to be paied at some times of payment whereby England hath a great aduantage and may enioy the benefit of it in selling their Cloth with reputation which is euer accompained with request and causeth Commodities to be sold at good rates whereas vilifying the price of Wares can neuer establish a Trade nor make Commodities more vendible and this requireth great consideration That one man which Malynes out of Mallice Pickes and Points at is indeede an ample Trader in colloured Cloth but not in Kerseys yet so as there are very many others of the Company that are also Traders in coloured Cloth as well as he HAd not this man beene one of his supporters by whose mouth his pen speaketh I would haue imagined that he had beene in the Citty of Butus and had consulted with the Oracle of Laton● where those that sleepe before her image can make a Prediction by the first word of them that next met them Herodotus in Euterpe I bare no malice to the man nor to the Secretary of the said Company in whose commendation he so much speaketh P. 65. For I am assured that vpon better consideration of the matters in question they will willingly imbrace the true reformation of these great abuses Aspis a viper
moneys and exchanges haue been made as in the margent In primo of King Henry the eight Sir Thomas Bullen Knight was the Kings exchanger by Letters Patents for all changes and rechanges for forraine parts as by the Records appeareth in his Maiesties Exchequer and there also you shall finde that during the r●igne of the said king Henry the seuenth one Petrus Contarin a Veneti●n Merch●nt was sued in the tenth yeare of his raigne vpon the said Statutes and the like ●u●e was brought in the ninteenth yeare following against Dominico Polli●o●o the Popes collector And Lorenzo Alb●rti vpon the like condemnation did pay 933 l. Graftons Cron. This caused the said King Henry the eight in the twenty two yeare of his Raigne to make a very seuere Proclamation that no person should make any exchange contrary to the true meaning of the said Acts and Statutes but as Warres discompound all good orders and necessity hath no law so in the latter end of this Kings Raigne by reason of the base money then coyned this office of exchanges did discontinue And in Edward the sixt his time the practise of exchange was for a time prohibited but vpon vrgent necessity of the conueniences therof againe admitted vnto Merchants In the beginning of the Raign of the late Queen Elizabeth of blessed memory the abuses of exchanges were called in question by M r. Hussly gouernour of the Merchants Aduenturors afterwards the Lord Burghley Lord Treasurer of England had a grant by Letters Patents of the said office for 23. yeares who not being informed how the same should be truely Gouerned after Proclamation made could not finde conuenient meanes to establish the same this in progresse of time did touch the said Lord so much in his honor and reputation that his Sonne Sir Robert Cecill Lord Treasurer of England after him would neuer incline to establish the said office much lesse to reforme the abuses thereof besides some other consideration might moue him because the busines was propounded by others So that Misselden doth speake vntruly that the same was reiected P. 92. for it hath still continued and beene in agitation euen as the fishing Trade hitherto neglected whereof more hereafter The importancy of the matter of exchange Treaties of Exchanges with other Princes doth not onely appeare by the said generall Acts of Parliament hitherto vnrepealed and now most necessary then euer to be put in practise but also by diuers Treaties that the Kings of England haue had by many conferrences with other Princes and states concerning the losses sustained thereby now vtterly neglected Let it be considered what incredible losse England sustaineth when wee loose aboue two●shillings in the pound when the Dutchesse of Sauoy Regent of the Low Countries alleageth that one halfe penny in the pound losse would ruine the State of those Countries as by antient records in the Exchequer appeareth King Henry the eight being come to Callice required the Arch-dutches of Austria then gouernor of the Low Countries to permit his gold and siluer to passe currant in her Dominions a little aboue the true value thereof for the better inabling of his Souldiers and Merchants The Dutchesse dispatched Thomas Gramay generall of her mints and Iohn Dewsbrooke her Assay-master with instructions to the King of England aduertising him Notable considerations that to suffer the English coyne runne at an ouervalue was against all Statutes and ordinances of the Mint and that it would redound to the great scandall losse and harme to the common-weale and the harme and losse should be so great that it were imposible to esteeme it for the Merchant findeth that more might be gotten in England then in her Do●inions for Bullion by this ouerualuation of the English coyne would carry away all fiue gold molten and vnmolten not onely in ingotts but also in peeces of gold made in the Arch-Dukes Mint to conuert them into Angell Nobles by which meanes the Countrey and Subiects of the same should be totally consumed spoyled and destroyed which would turne to a domage inestimable The like is affirmed to ensue by the tolleration of our English siluer moneys to be ouer valued Gaine is still the Center because all Merchants for their gaine would carry into England not onely the materialls of siluer but also peeces coyned wherby the entercourse of Merchandise should cease and the Merchants should become Merchants of siluer without selling any other ware or Merchandise Furthermore she pleaded that neuer any Prince would permit strange money to passe higher then his owne but that of custome they vse the contrary And which is most effectuall she vrged that the ordinances of the Mints for the benefit of the Prince and his Subiects ought euer to be kept of good policy for a Law firme and stable forasmuch the meanes of Princes and of Noblemen together with the rents fees and wages of all his Subiects are taxed and valued and all Merchandise ruled and gouerned thereby wherefore without great necessity or evident vtility no alteration ought to be made in the price of moneys Vpon this remoustrance the Arch-Dutchesse Commissioners the Mint-masters of the Tower made assayes of all English and Flemish coynes and after long disputing and wrangling the King could neuer obtaine to haue his coyne passe at an halfe penny aboue the true value What shall wee say of these our dayes wherein we suffer so great an vnderualuation of our moneys in exchange and inhaunoing of forraine coyne whereby the Trade is decayed the Realme impouerished and euery man in a maner vndone Are all the precedent Lawes and ordinances made in vaine and forgotten When Hercules had lo●t his oxen Bateman in his Leaden gods and had long time sought them in vaine they were at last discouered by their bellowing to be in Cacus Denne now Cacos in Greeke signifieth Euill which draweth men backwards by the taile as Cacus did the oxen whenc I doe conclude that the said Lawes and ordinances are hid in Misseldens Denne for in his Circle he will take no notice of them P. 9. but keepeth them backe But thankes be giuen vnto God and honor to the King who out of his Princely care and prouidence hath Hercules strength to put the said Lawes in execution to which purpose and to aduance Trade his highnes hath beene gratiously pleased First to grant a speciall Commitee to examine the causes of the decay of Trade next an especiall Commission directed to diuers Noble Personages and Priuie Councellors of State associated with most worthy persons of quality to diuise wholsome remedies for these diseases wherein they bestow vnfatigable industry and paines to receiue all informations which may conduce them to finde out the true remedies and discerne them from all fallacies to them I doubt not my labours will be acceptable done freely and sincerely for the common good It may be that the reformation hereof hath also been reserued vntill these dayes now the
A Dog will d●unce for money The Merchant Stranger being here commonly the deliuerer of money casting his eyes vpon the Center will easely be induced to make the most of his owne receiuing by exchange more for his money beyond the Seas and if the English Merchant being the taker of the said money would be so iniurious to the State as to giue lesse beyond the Seas then the value of the money of the Realme by exchange contrary to the said Procla●mation the deliuerer of the money will not let him haue it besides that the takers occasions are in a maner enforced by necessity and he can be no loser for by this direction he shall sell his commodities ac●●dingly English Merchants being the deliuerers of mony beyond the Seas and the price of exchange altering there accordingly will haue the like consideration and the Merchant Stranger will prouoke him thereunto by the Center gaine whereupon their eyes are fixed and if there be no takers of Merchants Strangers the English Merchants may bring 〈◊〉 the money inspecie wherein he shall become gainer when the exchange is rectified where now he is a loser which causeth him to import no moneys although as Misselden saith There gates stand wide open P. 135. you may carry out as much mony as you will So that vnlesse we haue are gard to the premisses by procuring importation of Bullion and moneys and preuenting the exportation according to the said Lawes and Statues it were better for the Kingdome to set all at liberty howbeit with 〈◊〉 direct on in exchanges Now forasmuch as we haue already answered the obiections to be made against this remedy in the Equinoctiall Let vs now examine the rem●dies propounded by Misseldens conceited Ballance and whether the calculation of the same be more then a triall as we haue declared The remedy Misseldens Remedies is in a word saith he nothing else but to make our importation lesse and our exp●ctation more by the importation of superfluous things ●o be restrained and the exportation by Manufactures to be improued but what can the casting of a Ballance effect herein Iust nothing There is a practise required to set the people more on worke vpon the materialls of our owne growth or of forreine growth and therein examples is the best precept And hereupon we are sent to the 〈…〉 to learne frugality industry and policy in whose commendation he seemeth to speake like vnto the Temporising Frier Cornelius of Bridges who according to the euents of things would in his Sermons speake of the Prince of Orenge during the late war●es of the Low Countries as the succes fell out and call his auditory to witness that be ne●●er spake 〈◊〉 the Prince when he 〈◊〉 and railed of him beyond measure at other times 〈◊〉 vntill some other accident falling out on the 〈◊〉 trary So this man moueth a question and like him selfe kicks downe all at once what he had spoken saying P. 37. And why not the Belgicke Grashopper for the Grashopper hath no King yet they march out 〈◊〉 Troupes they are a multitude by Sea and Land and thy feede vpon Rootes and Herbes as he saith in 〈◊〉 the margent P. 134. which is onely for the learned as the said Fryer Cornelius was wont to say when speaking of Heritickes he said there was a thousand burnt Sed erant Cespites they were 〈…〉 this a full Frenzie Like vnto the Daughters of P●●tus that tooke themselues to be Kine raging like Hercules and Aiax in the Tragedie Thinke you that Endimion did euer dreame such dreames Or the seuen Sleepers that slept from the 〈◊〉 Decius to the dayes of Theodosius But what will not nouelty and singularity bring forth I leaue this Ianu● to his feeding of rootes in the Low Countries seeing he is fallen from a Gallum●frey 〈…〉 Hotchpotch of other mens Cookeries P. 30. making 〈◊〉 a doubt whether Her●●litus teares were more see●●ly to lament his 〈◊〉 ignorance o● 〈◊〉 laughter to reproue his foolishnes Surely this 〈◊〉 proceede of some deepespeculation P. 142. Sitting by imagination which Sapor King of 〈◊〉 in the Center of the Globe of a Glasse beholding the 〈◊〉 reuolutions of Commerce represented 〈◊〉 Ballance acted by these Grashoppers which 〈…〉 full for the winter as the P●smire is to 〈◊〉 wealth whereas the Grash●pper is a 〈…〉 Summer and dieth in winner and is found to be one of the plagues of Aegipt Being in this humor he falleth into timing P. 138. The Persian trade will not let me passe nor the fishing neither without a word of either The Persian Trade for Silkes is of far lesse benefit then the Trades of Spices and other East India commodities and the increase of the Manufactures thereof will decrease the indraping of our Woolls and increase our ouerballance vnlesse moneys were imported for the greatest part of the returne thereof But the Fishing Trade propounded so many yeares since by Mr. Iohn Keymer with the assistance of the Noble Lord Sheffield Sir william Cokaine Knight and diuers other worthy persons of quallity who haue promised to lay out great summes of money therein will effectually improue our exportations and afford much more benefit then any Persian or East India Trade can doe if his Maiestie were pleased to encourage them with preuiledges and immunities as the 〈◊〉 of the action deserueth But the enuious man sleepeth not who is able vpon one mans vndigested opinion sometimes to ouerthrow the long industrous study of others that sincerely intend the common good Shall we propound the example of other nations concerning their industry and pollicie and shall we not be able to imitate them Can they increase Manufactures vpon the materialls of other Countries And cannot we do the fame of our owne stuffes and materialls Shall we runne into remote Regione and Countries for their Commodities to make a benefit and neglect Gods blessings at home before their owne doores Doe we feele the Politike Body of the Common wealth distempered and full of diseases and 〈◊〉 found out the efficient causes thereof shall wee not be able to prouide the Remedies If things cannot be vnderstood in plaine terms it may be the Allegory following will make vs more sensible of naturall Remedies An Allegory of the decayed Trade of England compared to a diseased Body naturall with the Remedies to cure the same STates-men or Politicians which are the Phisitians of Common-weales hauing entred into serious consideration of the estate of the Politike Body of Trafficque do finde that the externall parts thereof looke wan and pale prognosticating a consumption of the liuer Money which causeth the decay of Merchants and Trades-men hollow eyes and dim sighted through the exhalation of the R●dicall Moisture of the Body by the excessiue vse of Tabac● whereby the memory is decayed and the sinowes of the ancient Statutes and Proclamations are de●ilitated the ordinances for the gouernment of the braine Exchange and rectifying of the Liuer Money
becommeth a looser of so much and the Kingdome is bereaued of the others money which the Amsterdammer caused to be sent ouer vnto him as shal be made plaine in the next Chapter To returne to our aforesaid declaration of the vndervaluation of our moneys Exchange at 358. for the Low Vnited Countries True it is that since the said Proclamation of the States whereby our shilling is valued at 10 ½ Stiuers the price of exchange is risen to 35 s which some vnderstand to be value for value or Par pro Pari and others will say who knoweth whether the said Assayes were truely made and reported accordingly and so speak against our benefit I answer admit that the losse be but 6 1 9. per centum for a moneth is this tollerable when by the exportation of our moneys there may be gotten aboue 73 per centum by the yeare which is a gaine exceeding all other gaines besides the losse of our Treasure This is conuenience being opened to the Grand Commission of 51. Persons of diuers quallities and degrees appointed for matters of Trade namely The Right Honourable the Lord Vizcount Man-deuile The Grand Commission for Trade Lord President of the Councell The Lord Brooke Sir Iohn Suckling Knight Comptroller of his Maiesties Houshold Sir Iulius Caesar Knight Master of the Rolles and diuers other Knights Baronets and others It pleased them to send for his Maiesties Assay-master Master Andrew Palmer a man of rare knowledge and experience and willed him to make Assayes of the principall forraine coynes and to compare the same vnto ours by way of Exchange after the rate of 35 s. Flemish for 20 s. Starlin whereupon he made the report here following in the Moneth of March last past 1623. Twenty shillings English money Master Palmers report to the Commissioners containeth in fine siluer 3 ounces ten pennie waight 23 graines 4 mites 12 droicts 7 periods 17 blancks Fiue and thirty Hollands shillings containes in fine siluer 3 ounces 6 pennie waight 14 graines 6 mites 16 droicts Whereby the difference of fine siluer is 4 pennie weight 8 graines 17 mites 20 droicts Euery penny weight of fine siluer is worth in our currant siluer moneys three pence farthing and halfe a farthing full so the difference in value betweene the moneys aboue said is 14 pence halfe pennie and one farthing which is vpon the hundreth pounds sixe ponnds three shillings Euery Holland shilling containes in fine siluer one pennie waight 21 graines 13 mites 8 droicts which is in value to our siluer moneys six pence 3 ● parts euery Holland Stiuer of the best containes in fine siluer 7 graines 12 mites 5 droicts 6 periods 16 blancks which is in value two ounces one pennie 1½ mites euery 5 shillings English siluer containes in fine siluer 17 penny waight 17 graines 16 mites Euery Holland Doller containeth in fine siluer 16 pennie waight 4 graines 10 mites the difference in fine siluer is one pennie waight 13 graines 6 mites which is in value Starlin 5 pence full Euery peece of 8 Royalls of Spaine containeth in fine siluer 16 penney waight one graine the difference is one penny waight 16 graines 16 mites And in value Starlin fiue pence halfe penny full So to the difference of six pounds three shillings in euery hundreth pounds the 5 vpon the hundreth added betweene 33 s. 4 d and 35 s. is in Totall 11 l. 3 s by this calculation of Assay Thus it appeareth vnto men euen of the meanest vnderstanding that our moneys are vndervalued in exchange for the Low Countries and for Hamborough other places much more where the Rickx Doller is risen to 52 and 54 shillings lubish which by the precedent rules maketh the price of this Positiue Exchange to be aboue 40 s. of theirs for our 20 s which to auoide prolixity I leaue to euery mans iudgement to calculate Now because we haue spoken of men of meane capacity Inconueniences of the vnderualuation of our moneys and that I doe labour to expresse my selfe in the plainest maner I pray you is there any man liuing that will not conceiue that this exceeding great gaine had by exportation of our moneys will still depriue vs of our Treasure And on the contrary that this great losse had by the importation of money doth still debarre vs from any to be brought in Againe when greater gaine is giuen vpon the Spanish Royalls beyond the Seas will not the same be diuerted from vs and carried thither or if some be imported vpon occasion or by accident will not other men transport them againe and so take away the life of Trade and cause the Vitall Spirits thereof to languish Surely all men are able to vnderstand this yet it shal be made more plainer Thus may we obserue the Disgression and inequallity betweene the said moneys which can neuer conueniently be reducted to their first price and equallity I might likewise make instance of the coines of gold which are more inhaunced for the Soueraigne of 20 s. is now currant at 37 s. 8 d Flemish But the premises declare sufficiently the vndervaluation of our moneys in exchange both by calculation and triall of the suttle Assay Misselden in his former Treatise misnamed Free-Trade setteth downe P. 7. that the immediate cause of the want of money in England is the vnderualuation of his Maiesties coyne which hindereth the importation and causeth the exportation of ours whereupon he would haue the Kings coine raised and forraine coine to be made currant at equall value And in his Circle of Commerce he saith P. 101. that I would perswade the world that there is a great vnderualuations of our moneys in exchange to those of Germany and the Low Countries which is the maine Pillar to support the Par and so now there is no vndervaluation And thus with the Saytre he bloweth hot cold at one instant with one breath and withall he doth acknowledge that if the premises by vs declared were true as true and manifest they are That they be fearefull effects and againe that moneys are not so little inhaunced as 20 in the hundreth since the inhauncing begunne which we haue proued to be double or 100 vpon the hundreth well in good time t is mistaken to make it serue his turne He accuseth me of grosse errors for that the exchange is risen in price according to the valuation of moneys which euen now we haue proued to be false and if exchange should rise and fall accordingly that is to say if moneys rise beyond the Seas that the price of exchange should rise accordingly and if moneys doe rise here that then on the contrary the exchange should fall in price here what remedy can there be then in the inhauncing of the moneys when the price of exchange will still ouer rule the same Misseldens Errors as it were an inhauncing vpon an inhauncing betweene vs and other Countries vpon the price of exchange
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
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 o●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 Concernin● 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