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 râ—igne of the said king Henry the seuenth one Petrus Contarin a Venetiâ—n Merchâ—nt was sued in the tenth yeare of his raigne vpon the said Statutes and the like â—uâ—e was brought in the ninteenth yeare following against Dominico Polliâ—oâ—o the Popes collector And Lorenzo Albâ—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 twoâ—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 Doâ—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 loâ—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
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
was valued at Ten shillings Starlin being all of a goodnes of Gold in value which we call Waight and finesse by the termes of the Mint so the French Crowne which was valued here at Six shillings Starlin English forraine coyne all one in Exchange and beyond the Seas at six shillings Flemish was correspondent the Phillip Doller of siluer was valued at fiue shillings Flemish and so was the Edward Crowne of silucr fiue shillings Starlin our ten Groats being three shillings and foure pence was correspondent to the Emperours Florin of twenty Stiuers and the Flemish shillings of six Stiuers or twelue pence Flemish was all one with our shilling or twelue pence Starlin for an ounce of Starlin siluer was valued as fiue shillings for there was fiue peeces or shillings made out of an ounce and although the Standards of moneys did differ in the finesse or goodnes of the siluer and gold yet the quantity in waight did answere and made good the same as for example the Starlin Standard being 11. ounces 2. d. waight in fine siluer in the 12 ounces Troy to the pound waight made into 60 s. caused the ounce to be fiue shillings and the Philip. Doller being but ten ounces of fine siluer in the like pound weight of 12 ounces Troy was correspondent and currant for fiue shillings or the said pound was valued at 60 s. This Philip Doller weigheth 22 pennie weight which is two pennie weight more then an ounce to answer our siluer by the more weight of such siluer as is not so good as ours because it containeth more allay or copper so that their inward value of siluer is made by weight answerable and correspondent to ours And so the names for the price and value of the coine were named alike and the prices of commodities both here and beyond the seas were likewise named accordingly whereby all fallacies concerning the value of moneys and the prices of commodities were excluded and then Merchants to accommodate one another by exchange would giue or deduct either 3 d. 4 d. or 6 d. or thereabouts vpon the pound of our 20 s. or a pennie or two pence vpon the Noble wherupon exchanges were then commonly made to pay or receiue their moneys by exchange here or beyond the seas according as they could agree in so much that 20 s. Starlin hath beene giuen here to receiue beyond the seas 19 s. 6 d. Flemish by exchange And the like hath been giuen beyond seas to receiue here 20 s Starlin according to the occasions of Merchants From this equalitie or paritie of exchange we are fallen to very great inequalitie by the inhauncing of moneys beyond the Seas whereby the price was there altered in name or denomination our moneys remaining here at a stand and the standards of moneys both here and beyond the Seas also remaining vnaltered and so continued beyond the Seas vntill this day albeit they haue caused diuers new coines of other standards to be made since that time which is to be obserued hereafter the rather for that it is a maxime That the siluer coines doe rule the markets in all places because of the abundance thereof Siluer coyne do rule the Markets and Exchange being 500 to one of gold which causeth the exchanges to be made according to the siluer coines which ouerruleth the coines of gold The first inequalitie crept in by the inhauncing of moneys was vpon the Philip Doller which was come from 30 Stiuers or 5 s as aforesaid to 33 and 35 Stiuers whereby the price of exchange began to alter in the yeares of our Lord 1563 and 1564 which then was looked into by the Merchants Aduenturers according to the complaints of Mr. Hussey their Gouernour and that made them to make exchanges vpon our pound of 20 s Starlin at 22 s. 6 d. and 23 s. Afterwards in the yeare 1575 the said Philip Doller went currant for 36 Stiuers or 6 s Flemish which was inhaunced full twentie in the hundred or foure shillings vpon twentie shillings whereby the paritie of exchange was altered in name from 20 to 24 because that 24 s with them beyond the Seas and our 20 s here was all one in value so that 500 l Starlin was correspondent or answerable to 600 l Flemish by reason of the said valuation without any alteration of Standards Before that time that is to say in the yeare of our Lord 1567 the Burgundian Rickx Doller was coined in the Empire for 32 Stiuers lups or two Marks lubish of 16 shillings the Marke So that then one shilling lubish and one Stiuer Shilling Lubish and Stiuers all one was betweene Germanie and the Netherlands all one in name as we haue more amply declared in Lex Mercatoria and elsewhere From this position let vs come now to the vndervaluation of our moneys in exchange by three seuerall and infallible meanes and therein obserue the progresse of valuation and the course of exchange for the maine places of Trade First by the Assayes of moneys made in former times and the calculations of exchanges made thereupon upon according to the prices or valuations of the moneys inhaunced beyond the Seas and not inhaunced with vs in England Secondly Three meanes to proue the vnderualuation of our moneys in Exchange by true calculations deriued from the said Assayes and inhauncing of forraine coines as also of our moneys beyond the Seas which rule cannot faile so long as the Standards of the moneys are not altered Lastly By the triall of Assayes both of our moneys and the coines of forraine Countries lately taken concerning both the premises by which three meanes any man of iudgement may perceiue that the Exchange is the Publike meanes betweene vs and other Countries already proued Concerning the first it appeareth of record that in the said yeare 1575. there was by order of the Right Honourable the Lords others of her Maiesties then Priuy Councell of the late Queene Elizabeth of blessed memory diuers Assayes made of the moneys of sundry Countries and the price of Exchange that is to say of the Positiue Exchange was set downe accordingly whereof I haue made this Abstract for so much as maketh for the purpose The Phillip Doller of 10. ounces fine at 36. Stiuers or 6. s. Flemish made the price of the said Exchange 24. s. as aforesaid accounting 4 Dollers for the l. The Rickx Doller of 10. ounces 12. penny waight at 32. shillings lubish or Stiuers Flemish made the said Positiue Exchange to be 24. s. also Exchange at 14. s. at Hamborough and the Low Countries accompting foure and a halfe Doller for 20. s. Starlin The Rickx Doller being inhaunced to 33. shillings lubish made the price of the said Exchange at one shilling more vpon the 4. prices and a halfe to be at 24. s. 9. d. which contained for a long time at Hamborough and other places in Germany Exchange at 24. s. 9d in Germany and
all their owne coines were correspondent thereunto in the inward value but in the Low Countries the valuation did alter and moneys were inhaunced by intermissiue times by the warres and deuision of the 17. Prouinces Come wee now to the yeare 1586. when Robert Lord Dudley Earle of Leycester went ouer to take the Gouernment of the Vnited Prouinces at which time moneys were much inhaunced and the States did coine the great siluer Royall of the goodnes of the Phillip Doller as also Rickx Dollers in euery prouince of the goodnes of the said Imperiall or Burgundian Dollers and the Arch Duke Albertus of Austria did the like in the reconciled Countries vnder his Gouernment Hereupon there was Assayes made againe of the said coynes and other moneys and the goodnes of them was by the said Assayes correspondent in weight and finesse and so the Positiue Exchange was made accordingly vpon the valuation made in the said Countries namely the said Phillip Doller being risen and valued at 50. Stiuers or 8. s. 4. d. Flemish made the said Exchange by the said 4. peeces to be 33. s. 4. d. for 20. shillings Starlin the said Rickx Doller was valued at 45. Stiuers or 7. s. 6. d. Flemish made the Exchange to be after 4 peeces and a halfe to the pound Starlin 33. s. 9. d. but because our shilling was valued at 20. d. Flemish or 10 Stiuers whereof 20. s. made 33. s. 4. d. Flemish it was agreed by the Commissioners Exchange for the Low Countries at 83 s. 4 d. that the Positiue Exchange should be 33. s. 4. d. for our 20. s and all other moneys had correspondence with the said price or thereabouts and the Spanish Royall of 8. was valued at 42. Stiuers or 7. s. Flemish as appeareth by the Placeart or Proclamation then made by the said Earle of Leycester If you will be sure whether the said Assayes and Valuations are truely calculated in exchange Calculations vpon Assayes and Moneys the Accompt by the Golden Rule is easie for any man of meane iudgement to be cast vp that is to say if the Phillip Doller of 36 Stiuers made the price of exchange to be 24. s. what must the price now be when the said Doller is valued at 50. Stiuers facit 33. s. 4. d againe if the Rickx Doller at 33. Stiuers giueth in exchange 24. s. 9. d. what will 45. Stiuers giue in exchange facit 33. s. 9. d so that you see the Assayes and Valuations doth agree in the price of exchange and rather somewhat to our disaduantage In the yeare 1600. by a Commission granted to Sir Richard Martin Knight and Master of the Mint Sir Richard Saltonstall Sir Henery Belling sley knights Thomas afterwards Lord Knynet Mr. Iohn Williams my selfe and diuers others there was an examination taken concerning the goodnes and valuation of moneys in exchange and there ensued but an alteration in the valuation of gold concerning the proportion with some small reformation concerning the Standards but in Exchanges nothing was effected for some reasons here not declared come wee now to this present time and see how much the said moneys haue beene inhaunced Calculations vp on the last valuation not by the tolleration of Merchants to receiue them aboue their price but according to the Placcart or Edict of Proclamation of the said Estates made the 21 of Iuly 1622. There you shall finde that the Phillip Doller is made Bullion that is to say not currant as they haue also done of other coynes but the Rickx Doller of Germany and the Nether-lands are inhaunced and valued by Publike Authority besides their tolleration to goe aboue the same at 50. Stiuers now cast hereupon what the Positiue Exchange must be when 45. is made 50. or when 5. is gotten in 45 which is iust one ninth part take the ninth part of one hundreth and it is 11. and 1 9. that the said Dollers and other moneys are in haunced thereby But our Shillings or 12. pence Starlin albeit they must be deliuered by waight is but aduanced to tenne Stiuers and a halfe which is but 5. d. 100. when it should be 11 1 9. part or 11. l. 2. s. 2. d. â…” The Rule is If 45. giue 5 what shall 50. giue Facit 11. 1 9. parts Or if 45. giue in true Exchang 33. s. 9 d what 50 Facit 37. s. 6. d. Or if 42. for the Royall giue 33. s. 4. d what giues 48 Facit 38. s. 1. d. So that it plainely appeareth by grounded calculation vpon Assayes that from 33. s. 4. d. the moneys of the Realme between vs and the Low Countries are vnderualued 11. l. 2. s. 2. â…” d. in euery hundred pounds Exceeding great gaine by the exportation of our moneys whereby we vndersell our home commodities and buy the forraine Commodities so much dearer and loose for euery hundreth pounds so much in the Kingdome stocke for we doe receiue but 88. l. 17. s. 9. â…“ d. for one hundreth pounds and he that exported our money may get ipso facto or euery moneth aboue 11. per cent which is 132. per cent by the yeare and no money or Bullion can be imported from thence without the like losse to the bringer thereof vnlesse by gold which is here more esteemed then in other Countries whereby he may saue some part of his losse especially the same being made Bullion beyond the seas as aforesaid And because Misselden will not allow of the supposition set downe vpon the rates of 30. s. for 20. â— P. 75. Starlin to shew how Merchants may be correspondence accomodate each other to the Kingdomes great losse by the meanes of a low Exchange which must in the comparison needs be vnder the price supposed in Exchange and not at 33. s. 4. d which is called low in regard of the present and hereupon he doth miscast 100. l. in 1000. l. betweene the Londoners and the Amsterdamers with other cauillations in the answering thereof I though good to obserue the same betweene the price of equall exchange altered by the inhauncing of moneys beyond the Seas at the beginning when 20. s. Starlin was made 24. s. by exchange whereby 500. l. made 600. l. beyond the Seas as aforesaid for the said 600 l. Flemish was correspondent in accompt betweene the said Londonner and Amsterdammer after the said rate of 24 s. by exchange so long as the value was made good by exchange but if the Exchange had not risen in price according to the moneys inhaunced and had remained at 20 s. for 20 s. and they had still so kept their accompt betweene them All men of iudgement can very well see that the 500 l. Starlin being transported will make 600 l. Flemish But the Londoner hath not the like meanes to import his money in specie from beyond the Seas where the same is inhaunced so that if he do not receiue their 600 l. in liew of his 500 l he
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