The Spanish Company. Originally published by London Record Society, London, 1973.
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'Charter of 1605', in The Spanish Company, ed. Pauline Croft( London, 1973), British History Online https://www.british-history.ac.uk/london-record-soc/vol9/pp95-113 [accessed 4 November 2024].
'Charter of 1605', in The Spanish Company. Edited by Pauline Croft( London, 1973), British History Online, accessed November 4, 2024, https://www.british-history.ac.uk/london-record-soc/vol9/pp95-113.
"Charter of 1605". The Spanish Company. Ed. Pauline Croft(London, 1973), , British History Online. Web. 4 November 2024. https://www.british-history.ac.uk/london-record-soc/vol9/pp95-113.
In this section
CHARTER OF 1605
(P.R.O., S.P. 14/21)
639. [p. 1] The copy of a charter granted by King James to the president, assistants and fellowship of the merchants of England trading into Spain and Portugal, 31 May 1605. (fn. 1)
James, by the grace of God, king of England, Scotland, France and Ireland, to all and singular admirals, captains, keepers of castles, customers, comptrollers, [etc.]
640. [p. 2] Where as several charters have been granted by our progenitors unto our loving subjects the English merchants trading into Spain and Portugal, viz. one charter by Henry VIII late king of England (our progenitor of famous memory) bearing date at Westminster 1 September 1530, and another charter by our late dear sister Elizabeth late queen of England of famous memory, bearing date at Westminster 8 June 1577; and whereas we by our letters patent under our great seal of England bearing date at Westminster 30 March 1604 did confirm, ratify and allow the letters patent and charters aforesaid.
641. Forasmuch as sithence the said confirmation we have been informed by our council learned in our laws that there are divers misprisions and imperfections in the same letters patent and confirmation, and forasmuch as there is a firm peace concluded between us and our brother the king of Spain, and free liberty of trade and intercourse [p. 3] established between both our subjects; we knowing that no commerce or intercourse can be maintained or continue without order, and that the advancement of trade and traffic doth tend to the common good of the whole island, and the benefit and enriching of our loving subjects, have therefore and for divers other good causes and considerations us specially moving granted and declared, and for us our heirs and successors by these presents, we do declare, that our right trusty and right welbeloved cousins and councillors Thomas earl of Dorset (fn. 2) lord treasurer of England, Charles earl of Nottingham lord admiral of England, Charles earl of Devon, Henry earl of Northampton lord warden of our cinque ports, Robert earl of Salisbury our principal secretary, and our trusty and welbeloved Sir Thomas Flemyng knight chief baron of our exchequer, Sir Edward Cooke [Coke] (fn. 3) knight our attorney general, Sir Daniel Dun [Dunne] knight one of our masters of our requests, Sir William Waade [Waad] knight, Sir Thomas Smyth [Smithe] knight, and Sir Thomas Edmonds knight, three of the clerks of our privy council, Sir Thomas Lake knight one of the clerks of our signet, Sir Richard Martyn, Sir John Spencer, Sir Thomas Smyth [Smithe], [p. 4] Sir Robert Lee, Sir John Watts, Sir Thomas Cambell, Sir Christopher Hoddesdon [Hoddesden], Sir John Swynnerton [Swynerton], Sir William Romeney, Sir Henry Sackford, Sir Thomas Pullison, Sir William Bond and Sir Samuel Saltonstall knights, Richard Hale, Jerrard Gore the elder, Paul Banning [Banninge], Robert Chamberlen [Chamberlayne], Thomas Cordell [Cordall], John Barne, Robert Dow [Dowe], Henry Cletherowe, Thomas Wilford, George Holman, John Harby, John Newman, Michael Lock, Thomas Forman, Randle Mannyng [Manninge], Robert Cobb, George Collymere, Arthur Jaxon [Jackson], William Typper [Tipper], John Newton, William Cokayne [Cockayne], Richard Glascock, Richard Staper, Roger Howe, John Hawes, John Hall, Reginald Barker, William Salter, John Highlord, John Watson, John Castlyn, William Wilford, Hugh Ingram, Robert Bringborne, William Atkins, Oliver Stile, Nicholas Stile, Gregory Yong [Yonge], Thomas Alabaster [Allabaster], Anthony Pennystone [Pennyston], William Hareborne [Harborne], Hewyt Stapers, James Stapers, William Kevall, Jeffrey Davis [Davyes], John Bourne, Godfrey Wilson, John Allen, John Suragold, William Towreson, Clement Draper, William Jennyngs, Hugh Marsh, Richard Solda, George Hanger, John Dorrington, Thomas Altham, Isaac Jackson, Francis Dorrington, George Dorrington, Francis Barne, Richard Barne, [p. 5] Richard Gore, Jerrard Gore the younger, John Gore, William Gore, James Cambell, Robert Cambell, Thomas Cambell the younger, Robert Angell, [blank in both MSS] Alderley, William Addington, Andrew Banning [Banninge], Nicholas Ling [Linge], John Bate, George Benson, Nicholas Buckeridge, Simion Furner, Edmund Burton, William Carter, Richard Langley, Richard Colman, Robert Tipper, Roger Rogers, Henry Clytherow [Clitherowe] the younger, John Swynnerton the elder, Thomas Church, Raph Edmonds, William Evans, Nicholas Ferrer, Clement ffrier, Lawrence Greene, Roger Golding [Goldinge], John Harrold, Humphrey Hall, Leonard Haward, John Jowles, Robert Bowyer, Richard Wyche [Weeche], William Hangate [Hungate], Edward James, Bryan Janson, Phillip Jones, Jeffrey Kyrby [Kirby], Simon Lawrence, Nathaniel Marten [Martyn], Robert Savage, George May [Maye], John Newman the younger, Nicholas Oseley, Gyles Parslowe, Leonard Parker, John Rombridg [Romsbridge], Thomas Seracold, Thomas Southwick, Jarvis Elwes [Jervais Elwaies], William Speight, Philip Smyth [Smithe], Nicholas Smyth [Smith], Richard Shorter, William Stone, John Sherrington, John Stokeley, John Stronginarme, Robert Towreson [Towereston], Nicholas Towreson, James Wyche [Weech], Hugh Bourman, Francis Taylor [Tiler], John Apshawe [Aspshawe], John Worsopp, Gawen Walcott, William Wodder, William Wasteele [Wastle], Raph Weight [Weighte], William Dunscombe, Nevill Davies, Francis Lamberd, George [p. 6] Samuell, Gyles Snode, Robert Payne, Peter Beauvoyer [Beauvoy], William Harrison, Thomas Trumball [Trumbell], Edward Davenant [Davenante], Thomas Dalby [Dalbye], Robert Dawborne [Dawburne], John Hough, Robert Brooke, James Wilford [Wilforde], William Wilford [Wilforde], Richard Ironside, John Watts the elder, William Watts, Richard Watts, Jeffrey Watts, Thomas Watts, John Watts the younger, John Hawes the younger, Thomas Cokayne, George Sotherton, Francis Shawe, John Watson, Martyn Bond, George Bond [Bonde], Robert Brooke, [blank in both MSS] Saltenstall, John Merrick [Merick], John King [Kinge], Robert Jenny, Richard Cox [Coxe], George Cotton, Thomas Owen, John Audley [Awdley], William Audley [Awdley], Joseph Jackson, Francis Oliver [Olyver], Thomas Halwood [Hallwood], Alexander Danger, William Walton, Henry Peyton, Thomas Heaton, Leonard Parker, Thomas Honnyman, Phillip Honnyman, Roger Combleton, Simon Bourman, John Cordale [Cordall], Richard Stephens, Edward Barley, Robert Bell, John Potter, Bartholomew Graves, Thomas Havers, Thomas Whetenhall, Humphrey Wymes [Wymies], Thomas Waltham, William Palmer, John Cokayne, Thomas Boothby, Humphrey Slany, Hugh Hamersley, Francis Cokayne, Roger Cokayne, Richard Cokayne, Thomas Stills, William Bond, John Pulham, Jeremy Elwes [Elweyes], Allen Thompson, James Flesher [Flusher], John Harby, William Harby, William Chambre, Cavaliero Maycott [p. 7] alias Mackworth knight, John Blunt [Blunte], Daniel Hills, Richard Waltham, John Morley, James Wych [Wiche], Richard Wych [Wiche], Thomas Wych [Wiche], John Apshawe [Aspshawe], and Humphrey Wotton, merchants of London,
642. William Vawer alderman of Bristol, William Cole sheriff of Bristol, John Bolton, William Hopkins [Hopkines], Thomas Hopkins, William Hicks, William Ellis [Ellys], John Hopkins, John Whitson, Thomas James, John Barker, Matthew Haviland [Havilande], Robert Aldworth [Aldworthe], Abel Kitchin [Kytchin], John ffownes [ffawnes], John Aldworth [Aldworthe], John Rowborrowe, John Roberts, Thomas Aldworth [Aldworthe], Thomas Pytt [Pitt], Henry Roberts, Lawrence Swetnam, Edward Morris [Morries], Nicholas Hix [Hicks], Thomas Symonds, William Cole in Corn street, John Browne, Roger Bowman [Boman], Christopher Cary, John Sanford, John Angell, Robert Johnson, Thomas Whitehead [Whiteheade], John Gittins, Edward Browne, John Wood [Woode], Richard Barker, William Greves, Richard Powell [Pooell], Thomas Davy [Davie], Thomas Pitt junior, George White in Corn street, Thomas Warden, Arthur Hibbine, Robert Pentigrace, George Wilkins, Roger Hurt [Hurte], Francis Doughty [Doughtye], Walter Spurwaie, William Slack, Daniel Baker, John Barker the younger, Thomas Bramley [Brambley], William Ellis the younger, Robert Haviland [Havilande], Edmond Camfford, William ffleete [ffleet], [p. 8] William Pitt, Thomas Anthony, George Gough, Sampson Lorte [Lort], John Haviland [Havyland], Thomas Walters, Phillip Ellis [Ellys], Walter Ellis, William Mellyn [Mellin], John Aires, Thomas Wright [Wrighte], Phillip Dickinson, John Griffith, Thomas Powell son of Richard Powell, Thomas Leeke, Robert Smyth [Smithe], Robert Sheward, William Angell, George White, John Guy [Guye], John Barnes, William Burrowes, John Goning [Gonninge], John Merrick, John Bindon, Christopher Webbe, Walter Thomas, Morgan Reade, William Colston, George Lane, Richard Tegg [Tegge], Robert Owen, Walter Owfield [Owfeilde], Michael Quick, Edward Williams, John Langton, William Stanlack, Richard Winter, William Pynner [Pinner] the younger and Humphrey Fitzherbert, merchants of Bristol,
643. John Davy [Davie], William Martin, John Periam, John Hartwell, Nicholas Spiser [Spicer], Richard Harding [Hardinge], John Chapell [Chappell], John Lyvermore, John Trose, Richard Newman, Richard Perry [Perrie], John Sandy [Sandye], Valentine Tucker, Richard Dochester, John Elcott [Ellcott], John Sanford, Thomas Walker, Henry Hull, Walter Borro, Hugh Crossen, Alexander Jarmyn, John Larts, Jeffrey Welcham, Gilbert, Smyth [Smithe], Robert Perry [Perrie], Richard Swette, Henry Swette, Thomas Blackiler [Blakiler], Oliver Taper, Samuel Alford [Alforde], Paul Trigge [Trige], Peter Cobelton, Thomas Pope, Robert Ellicote [p. 9], Thomas Martyn, Nicholas Martley, John Shore [Shere], Thomas Martyn [Martin] the younger, John Lambell, Gilbert Lambell, John Watkins, Christopher Spicer the younger, Nicholas Bewis [Bewys], Ignatius Jorden and Thomas Snowe, merchants of Exeter,
644. Alexander Jones, Henry Jones, Richard Godbeare, Amies Harvy [Harvye], John Beedoe, John Michaell, George Watts, Emanuel Buckine, Humphrey Black [Blacke], Robert Quirck [Quircke], Noah Randall merchants of Bridgwater, Somerset,
645. William Harebrowne and Humphrey Spencer merchants of Yarmouth, Norfolk,
646. Fulke Aldersey, William Aldersey, William Johnson and George Boys merchants of Chester,
647. Sir Richard Hawkins knight, John Trilany [Trylany], Robert Trilany [Trylany], James Bagge, Humphrey ffornes, Walter Mathewes, Robert Rawlins [Rawlyns], Abraham Colmer, John Wadden, Robert Bragg [Bragge], William Carne, Matthew Bragg [Bragge], merchants of Plymouth,
648. John Groves, John Lister, John Lobbyn, Luke Thurscroste, John Barker, Richard Burgis, Thomas Bowmer, merchants of Kingston-uponHull,
649. Edward Amy [Amye], Nicholas Skynner, George Slee, John West [Weste], Thomas Amy [Amye], Henry Walrond [Walronde], John Walrond, Simon Land, Richard Prowse the elder, George Skynner [Skinner], Jonas Baker, Richard Slee, Edward Lewis, William Sheere [p. 10] merchants of Tiverton, Devon,
650. Thomas Fisher the elder, Thomas ffisher [ffysher] the younger, William Dare, John Clatlory [Clatlorie], William Leechland, Lewis Pope, Thomas Gregory [Gregorye], Thomas Gobbyns [Gobbins], Henry Samwayes, Thomas Crocker, Thomas Manstedg [Manstedge], merchants of Taunton, Somerset,
651. Thomas Symmes, Henry Munday [Monday], Edward Munday [Monday], William Bourage [Bowrage], Jasper Pyne, Robert Tucker, Richard Sprake, John Day [Daye], John Hills, Osmond Walrond, Roger Leechland, Robert Granule [Granudle] and John Towker, merchants of Chard, Somerset,
652. William Duck [Ducke], Richard Lea, Christopher Wise, John Wise, Eustace Wise, Nicholas Wise, William Wise, Samuel Wise, Henry Every, Thomas Every [Everie], William Brooking [Brookinge], Christopher Brooking [Brookinge], Allen Brooking, Edward Gould, Richard Belfeild, Christopher Broderidg [Brodridge], Thomas Prestwood, Matthew Came, Richard Kellond, Christopher Kellond, John Kellond, Thomas Smyth [Smithe], Walter Smyth [Smithe], John Wakeham, John Warren, Leonard Blackhall [Blackyall], John Lary [Larye], William Squyre [Squire], John Kyttingall [Kittingall], Richard Marye, Gabriel Mary, Christopher Maynard [Maynarde], Thomas Dipford, John Shopley, Timothy Savary [Saverie], Phillip Holdich [Holdiche], Walter Dottyn [Dottin], Nicholas Strawe, Richard Savery [Saverie], Thomas Prideaux [Prideaux], Richard Leere [Lee], Richard [p. 11] Lary [Larye], Richard Newman merchants of Totnes, Devon,
653. John Hazard [Hayarde] the elder, Walter Harvy [Harvie], Robert Barnes, Richard Norris, Anthony Moone, John Hazard [Hayarde] the younger, Robert Hazard [Hayard], William Davy [Davie], George Plea, William Hill, Richard Bedford [Bedforde], William Barnes, Richard Coghan, John Norris, merchants of Lyme, Dorset,
654. William Gay [Gaye], John Salisbury [Salisburye], John Darracott, John Mewles, George Gay, Richard Dodderidge, James Beaple, Nicholas Downe, James Downe, Robert Dodderidge, Richard Beaple and Pentecost Dodderidg [Dodderidge], merchants of Barnstaple, Devon,
655. Francis Mills [Milles] esquire one of the clerks of our privy seal, John Cornish [Cornishe], William Nevey [Nevye], Robert Chambers, Thomas Bedford [Bedforde], Thomas Stoner, Peter Capelyn and Richard Dalby [Dalbye], merchants of Southampton, Hampshire,
656. Robert Cutler, John Clynch [Clynche], Walter Snelling [Snellinge], Richard Snelling [Snellinge], Robert Lymber [Limber] the elder, Edward Hunting, Edward Ryvett, William Cutler, Samuel Cutler, John Cutler, Roger Cutler, Jeremy Barber, James Tyllett [Tillett], Michael Cowdray and Christopher Cardinall, merchants of Ipswich, Suffolk, and their and every of their sons and apprentices whatsoever, and all and every other person and persons [p. 12] whose names are specified in the letters patent, granted by our late dear sister Queen Elizabeth, and their sons and their apprentices which have been bound by indenture to be free of the trade into Spain and have served according to such indenture eight years at the least, and also all such person and persons as have been admitted into the fellowship by the president, assistants and fellowship of merchants of Spain and Portugal sithence the granting of the letters patent of Queen Elizabeth, and their sons and apprentices which have been bound as is aforesaid, and have faithfully served or shall serve as aforesaid, and all and every other merchant and merchants, which shall hereafter from time to time be admitted or made free in such manner as hereafter in these presents is declared and specified, shall be one fellowship and one body corporate and politic in deed and in name, by the name of president, assistants and fellowship of merchants of England trading into Spain and Portugal.
657. And them by the name of president, assistants and fellowship of merchants of England trading into Spain and Portugal one body corporate and politic in deed and in name really and fully for us, our heirs and successors, we do erect, ordain, name, constitute [p. 13] and declare by these presents, and that by the same name of president, assistants and fellowship of merchants of England trading into Spain and Portugal they shall have perpetual succession. And that they and their successors by the name of president, assistants and fellowship of merchants of England trading into Spain and Portugal be and shall be at all times hereafter one fellowship and one body corporate and politic, and capable in law to have, purchase, receive, possess, enjoy and retain manors, messuages, lands, tenements, liberties, privileges, franchises, jurisdictions and hereditaments of whatsoever kind, nature and quality they shall be of, to them and their successors in fee and perpetuity or otherwise for term of life or years.
658. And also to give, grant, alienate, let, assign and dispose manors, messuages and hereditaments. And to do and execute all and singular other acts and things whatsoever by the same name, and that they and their successors by the name of president, assistants and fellowship … may sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in whatsoever court and places and before whatsoever judges and justices and other persons and officers whatsoever of us, our [p. 14] heirs and successors, within this our realm of England in all and singular actions.
659. And that the president, assistants and fellowship may have a common seal to serve for all the causes and businesses of them and their successors, and that it shall and may be lawful to the president, assistants and fellowship the same seal at their will and pleasure to break, change and make new, as to them shall seem expedient.
660. And further we do ordain that there shall be from henceforth forever one of the fellowship to be elected and appointed in such form as hereafter in these presents is expressed, which shall be called the president of the fellowship of merchants of England trading into Spain and Portugal.
661. And [p. 15] for the better execution of this our will and grant in that behalf we do assign, nominate, constitute and make our welbeloved Thomas Wilford to be the first and present president of the fellowship by virtue of these our letters patents, to continue in the office from the date of these presents, until the Monday next before the feast of the Ascension next coming, and from thence until another of the fellowship shall in due manner be chosen and sworn unto the office, according to the ordinances and provisions hereafter in these presents expressed and declared, (if Thomas Wilford shall so long live).
662. And further we do grant that from henceforth forever there be of the fellowship threescore and one men of the best and most honest persons of the fellowship (whereof thirty of them at the least shall be dwelling and inhabiting in the cities, towns and places of this realm of England out of the city of London) the which [p. 16] threescore and one men shall be called assistants and chief councillors of the fellowship for all things, matters, causes and business of the fellowship and the good rule, state and government of the same touching or concerning. And that they may and shall be from time to time assistants and aiders to the president, or to his deputy or deputies for the time being in all causes and matters touching or concerning the fellowship.
663. And also we do assign and make our welbeloved Sir Robert Lee, (fn. 4) Sir John Watts, Sir John Swynnerton, Sir William Romeney knights, Richard Staper, Thomas Cordall, Robert Chamberleyn [Chamberlen], William Cokayne [Coken], John Newman, John Harby, Andrew Bannyng [Banninge], Nicholas Lyng [Lynge], Arthur Jackson, John Dorrington, John Bate, Robert Savage, Edward James, Robert Bowyer, John Castlen, Symion ffurner, John Newton, William Towreson [Towerson], Nicholas Stile, Thomas Owen, Richard Wych [Wich], Robert Cobb [Cobbe], George Cullymore [Collymer], George Hanger, Lawrence Greene, Thomas fforman [ffarman], citizens of London,
664. John Whitson, William Ellis, John Hopkins, Thomas James, citizens of [p. 17] Bristol; Nicholas Spicer, William Martyn [Marten], Thomas Walker and Walter Boro, citizens of Exeter,
665. Phillip Holdich [Holdiche] and John Shopley, merchants of Totnes; Fulke Aldersey and William Aldersey, merchants of Chester; Richard Dodderidge and James Beaple, merchants of Barnstaple; Robert Hussard [Hussarde], merchant of Lyme; Sir Richard Hawkins knight and John Trylany [Trelany], merchant of Plymouth; Alexander Jones, merchant of Bridgwater; John Clynch [Clynche] and Walter Snelling [Snellinge], merchants of Ipswich; William Harebrowne and Humphrey Spencer, merchants of Yarmouth; John Groves, John Lister and John Lobbyn, merchants of Kingston-upon-Hull; John Cornish, William Nevey and Robert Chambers, merchants of Southampton; Thomas Fisher the elder, merchant of Taunton; Thomas Symms [Symmes], merchant of Chard and the secretary of the fellowship for the time being, to be the first and present assistants and chief councillors of the fellowship to continue in the office of assistants and chief councillors of the fellowship from the date of [p. 18] these presents until the Monday next before the feast of the Ascension next coming, and from thence until they or threescore and one others of the fellowship shall in due manner be chosen and sworn unto the said office according to the ordinances and provisions hereafter in these presents expressed and declared.
666. And further we will and grant by these presents for us our heirs and successors unto the presidents, assistants and fellowship that it shall and may be lawful to and for the president, assistants and fellowship for the time being, or the most part of them present, at any public assembly commonly called the general court held for the fellowship (the president of the fellowship being always one) from time to time to elect one of the fellowship to be deputy unto the president, which deputy shall and may from time to time in the absence of the president execute and exercise the office of president of the fellowship in such sort as the same president ought to do, and shall continue in the office only during the pleasure of the president, assistants and fellowship, and to be removed when the president, assistants and [p. 19] fellowship or the greater part of them present at any general court shall think fit.
667. And furthermore for the greater increase and advancement of trade and traffic, and for the enriching of our loving subjects being mere merchants, we do command the president, assistants and fellowship that they and their successors shall from time to time, and at all times hereafter, admit and receive into their fellowship, and to be free of the same, all and every such person and persons, being subjects of us our heirs or successors, as now be or hereafter shall be mere merchants and which by the laws and statutes of this our realm, may lawfully use the trade of merchandise from or into our realm of England, (except all retailers, artificers, innholders, farmers, common mariners and handicrafts men, and also except all such as now be or hereafter shall be free of any special incorporation or company of merchants trading by force of any act of parliament, charter or letters patents into any the parts beyond the seas) so as such person or persons (except before excepted) require [p. 20] to be free of the fellowship, within one year next after the date of this our present grant, and shall offer and pay to the president or his deputy at the time of his or their admittance the sum of £10 for his freedom in that behalf, and that they shall also admit and receive into their fellowship, and to be free of the same, all and every such person and persons being subjects of us, our heirs or successors, as now be or hereafter shall be mere merchants, and by the laws and statutes of this realm may lawfully use the trade of merchandise, from or into our realm (except all retailers and all such free of any special incorporation) so as such person or persons (except before excepted) having neglected to be made free as is aforesaid, within the first year, shall require to be free of the fellowship within one year next after the end of that first year and shall offer and pay to the president [p. 21] or his deputy for the time being at the time of his or their admittance the sum of £15 for his freedom in that behalf.
668. And that they shall also admit and receive into their fellowship and to be free of the same, all and every such person and persons being subjects of us, our heirs and successors, as now be, or hereafter shall be mere merchants, and which may lawfully use the trade of merchandise (except all retailers and all such free of any special incorporation) so as such person or persons (except before excepted) having neglected to be made free within the said two former years, shall require to be made free at any time whensoever after the end of the said two years next coming after the date of this our present grant, and shall offer and pay to the president of the fellowship or his deputy at the time of [p. 22] his or their admittance the sum of £20 for his freedom in that behalf.
669. And we are nevertheless pleased and contented, and do also for us, our heirs and successors, straightly charge the president, assistants and fellowship that they and their successors shall from time to time and at all times hereafter, admit and receive into their fellowship and to be free of the same, all and every such person and persons now being, or which hereafter shall be subjects of us our heirs and successors, as now be or hereafter shall be free of any special incorporation or company of merchants trading by force of any act of parliament, charter or letters patents, into any the parts beyond the seas (except all retailers, artificers, innholders, farmers, common mariners, and handicrafts men whom we do especially exclude out of this incorporation) which at any time or times hereafter shall require to be free of the fellowship, and shall offer and pay to the president of the fellowship or his deputy for the time being, at the time of his or their admittance such sum and sums of money as is usually paid by other persons requiring to be admitted [p. 23] by redemption into such other fellowship or company whereof such person or persons so requiring to be admitted into the incorporation of president, assistants and fellowship of merchants of England trading into Spain and Portugal shall be then free, or otherwise shall procure such and so many freedoms without fine for such and so many and the like number of the incorporation of president, assistants and fellowship trading into Spain and Portugal (to be from time to time nominated, by the president of the fellowship, and any four or more of the assistants for the time being) into such other fellowship or company, whereof such person or persons so requiring to be admitted into the incorporation by these presents granted shall be then free.
670. And our will and pleasure is, and we do will and grant unto the president, assistants and fellowship that all and singular such sum and sums of money as at any time or times hereafter shall be due, received or paid, for or in respect of any admittance [p. 24] or admittances into the incorporation of president, assistants and fellowship by virtue and force of these presents shall from time to time be employed and bestowed to and for the use and behoof of the president, assistants and fellowship for and towards the bearing and defraying of the common charges of the same.
671. And we do will and grant, that if any of the said person or persons, being a mere merchant or merchants, and which for any sum or sums of money or other considerations, might or ought to be admitted into the corporation of president, assistants and fellowship according to the true intent and meaning of these presents (except retailers, artificers and handicraftsmen) shall upon reasonable request and upon payment or tender of such sum and sums of money, or performance of such other considerations as is aforesaid, be refused by the president, assistants [p. 25] and fellowship to be admitted or made free of the fellowship contrary to the true intent and meaning hereof, then we for us, our heirs and successors, do grant that every such person and persons so being refused shall be free of the fellowship and a member of the incorporation.
672. And further know ye that we for the relief and benefit of all such widows whose husbands are or shall happen to be of the said incorporation or fellowship do grant that all and every the widows of any such persons whose husbands now are, or hereafter shall happen to be of the incorporation or fellowship, during the time only of such their widowhood, shall and may lawfully use and exercise trade and traffic into Spain and Portugal, and also shall and may during the time of such their widowhood take apprentices to serve in and for the same trade, and shall also have and enjoy all such liberties, privileges and immunities as their or any of their husband or husbands might or ought to have had and enjoyed by virtue of these our letters patents [p. 26] in as ample and beneficial manner and form as their or any of their husband or husbands lawfully could or might have done, anything before in these presents to the contrary thereof notwithstanding.
673. And further of our especial grace we do grant to the president, assistants and fellowship of merchants that the president and his successors, or his deputy or deputies, with the assent and consent of the assistants or the greatest part of them then present for the time being, may and shall have power, to name from time to time one or more of the fellowship to be their consul or consuls, or governor or governors in the parts of Spain and Portugal, and that the consul or consuls, governor or governors so named together with six others or more of the most discreet merchants of the fellowship for the time being, to be elected by the consul or consuls, governor or governors, for his or their assistants in that place, where the consul or consuls, governor or governors in the parts [p. 27] of Spain and Portugal shall then be resident, shall have full power and authority to govern in the said dominions within the limits to them, by the president and assistants of the fellowship resident in England, prescribed and assigned, or the greater part of them then present, all and singular merchants our subjects and of our heirs and successors, as well of the fellowship as others which be not of the fellowship and their factors, agents and servants trading merchandise in Spain or Portugal, and to administer unto them full speedy and expedite justice in all and every their causes, plaints and contentions amongst them in the dominions of Spain and Portugal, and to pacify, decide and determine all and all manner of questions discords and strifes amongst them in any of the realms of Spain and Portugal, moved or to be moved, for the better government of the merchants in Spain and Portugal, for the time being, and to do and execute all things which by the president or his deputy and assistants of the fellowship or by the more part of them then present, shall be to the said consul prescribed and commanded, according to the statutes [p. 28], acts and ordinances of the fellowship, so as any of the orders and ordinances, directions or constitutions so to be prescribed be not to the hindrance of the trade and traffic of any of the fellowship, behaving him or themselves duly and orderly as becomes good merchants of the fellowship without any fraudulent or disorderly attempt or practice.
674. And furthermore we do grant to the president, assistants and fellowship of merchants that they or the greater part of them (whereof the president for the time being or his deputy to be one) from time to time and at all times hereafter shall have authority and power yearly and every year on the Monday next before the feast of the Ascension, or at any time within twenty days after that day, to assemble and meet together in some convenient place, within the City of London or within three miles of the same, to be appointed from time to time by the president or in his absence by the deputy, and that they being so assembled, it shall be lawful to and for the president, assistants and fellowship of merchants [p. 29] or the greater part of them which then shall happen to be present (whereof the president of the fellowship or his deputy for the time being to be one) to elect and nominate one of the assistants or fellowship which shall be president of the fellowship for one whole year, from thence next following, and from thence until another of the assistants or fellowship shall in due manner be chosen and sworn into the said office, which person being so elected and nominated to be president of the fellowship before he be admitted to the execution of the office, shall take his corporal oath at that or the next general court to be holden before the last president his predecessor or his deputy, and the greater part of the assistants of the fellowship then present that he shall from time to time well and truly perform the office in all things concerning the same, and that immediately after the oath so taken, he shall use the office of president of the fellowship for one whole year next following and from thence until another of the assistants or fellowship shall in due manner be chosen and sworn unto the office according to the true meaning of these presents.
675. We do grant to the aforesaid president, assistants and fellowship [p. 30] that if it happen the president at any time before a new election of another president to die or for any just or reasonable cause to be discharged or removed from his office, that then it may be lawful to the assistants and fellowship aforesaid one other of themselves to choose and prefer to be president of the fellowship, and that he so chosen and preferred shall have and exercise that office, during the rest of the same year and from thence until another of the assistants or fellowship shall in due manner be chosen and sworn unto the office, he first taking a corporal oath in form aforesaid, and thus as often as the case shall so happen.
676. And that if it happen the deputy of the same society at any time before a new election of another deputy to die or to be discharged or removed from his office, that then it shall be lawful to the president, assistants and fellowship or the greater part of them then present, one other of themselves to choose and prefer to be deputy of the fellowship and that he shall have and exercise that office and continue in the same as aforesaid, he first taking a corporal oath in form [p. 31] aforesaid, and thus as often as the case shall so happen.
677. And further we will and grant unto the president, assistants and fellowship that it shall and may be lawful to and for the president or his deputy, assistants and fellowship for the time being yearly at the time of the election of the president as is aforesaid, or the greater part of them, which then shall happen to be present (whereof the president of the fellowship or his deputy for the time being to be one) to elect and nominate threescore and one of the best and most discreet and honest persons of the fellowship (whereof thirty at the least shall be dwelling and inhabiting in the cities, towns and places of this realm of England out of the city of London) to be assistants of the same fellowship for one whole year, from thence next following and thenceforth until a new election of assistants of the same fellowship, which persons being so elected and nominated to be assistants of the fellowship, before they be admitted to the execution of their offices shall take a corporal oath before the president or his deputy and ten other of the assistants at the least of the same fellowship, being their last predecessors, [p. 32] that they and every of them shall well and faithfully perform their offices of assistants in all things concerning the same, and that immediately after the oath so taken, they shall and may execute and use their offices of assistants for one whole year from thence next following, and until a new election be made of the assistants of the same fellowship.
678. And further we will that the assistants be from time to time aiding, counselling and assisting unto the president or his deputy in all causes matters and things touching or concerning the fellowship.
679. And furthermore we ordain and grant to the president, assistants and fellowship that whensoever it shall happen one or more of the threescore and one assistants for the time being to die, or from his place of assistant to absent himself, or for any just and reasonable cause to be discharged or amoved, that then and so often it [p. 33] shall be lawful to the president and other assistants of the fellowship then overliving or remaining, or to the greatest part of them then present, one other or more of the fellowship into the place or places of the assistant or assistants so happening to be dead, discharged or moved, to choose, name and prefer, and that he or they so chosen and preferred first having taken a corporal oath before the president, and greatest part of the other assistants of the fellowship then present, shall be of the number of the threescore and one assistants and thus as often as the case shall so require.
680. And furthermore we do grant to the president, assistants and fellowship that it shall and may be lawful to and for the president or his deputy or deputies, and to the assistants and fellowship and their successors, for the time being, from time to time forever to assemble themselves, for or about any the matters, causes, affairs or business of the fellowship in any place or places for the same convenient, within our city of [p. 34] London or elsewhere within our realm of England, and there to hold court for the fellowship and the affairs thereof.
681. And that also it shall and may be lawful to and for them, or the more part of them (whereof the president for the time being or his deputy to be one) to make ordain and establish statutes, laws, constitutions and ordinances, so as the laws and constitutions be not contrary, repugnant or derogatory to any treaties, leagues, capitulations or covenants between us, our heirs and successors, and any other prince or potentate made or to be made, nor tending to the hindrance of the trade and traffic of any of the fellowship, behaving him or themselves duly and orderly as becometh good merchants of the fellowship, without any fraudulent or disordered attempts or practices, as well for the good rule and government of the president, assistants and fellowship as of all and singular other subjects of us, our heirs and successors intermeddling or by any means exercising merchandise, in the realms of Spain and Portugal or either of them.
682. And the same statutes, [p. 35] laws, constitutions and ordinances so had and made, to put in use and execute accordingly, and at their pleasure to revoke or alter the same or any of them as occasion shall require, and that the president, assistants and fellowship so often as they shall make any such laws, constitutions, orders or ordinances in form aforesaid may lawfully ordain, limit and provide such pains, punishments and penalties by imprisonment of body, or by fines and amercements, or by all or any of them, upon and against all offenders contrary to such laws, constitutions, orders and ordinances, or any of them, as to the president, assistants and fellowship (the president or in his absence his deputy being always one) shall seem necessary requisite or convenient, for the observation of the same laws, constitutions, orders, and ordinances. And the same fines and amercements shall and may levy, take and have to the use of the president, assistants and fellowship without impediment of us, our heirs or successors, and without any accompt therefore to us, our heirs [p. 36] or successors, to be rendered or made. All and singular which laws, constitutions, orders and ordinances so as aforesaid to be made, we will to be observed, performed and kept under the pains and penalties therein to be contained (so as the same laws be not contrary or repugnant to the laws and statutes of our realm).
683. And also we do grant to the president, assistants and fellowship and their successors that the president or his deputy or deputies and assistants, or the more part of them for the time being then present, may and shall have full and whole power and authority from time to time to assess and set reasonable and convenient sums of money as well upon the merchandise to be transported or carried out of this our realm of England or dominions of the same into Spain and Portugal or to the islands of the said realms towards the south or west belonging, as also upon all other merchandise to be transported out of the realms of Spain and Portugal and the said islands in or to this realm of England and dominions of the same or elsewhere, and upon every ship laden with the said [p. 37] merchandise, as to them shall seem requisite and convenient for the common profit and sustentation of the necessary and reasonable stipend and other charges of the fellowship and corporation.
684. And further we do grant to the president, assistants and fellowship that if any of the fellowship reasonably warned by the officer or officers of the fellowship to come and appear at any court, assembly or congregation by the president or his deputy shall not come, nor shall appear at the hour or place appointed, having no just cause of excuse in that behalf, or if any of the fellowship or any other of them, which shall use trade of merchandise in the said realms, shall refuse to pay or shall not pay the sums of money so to be assessed and set upon their merchandise or ships as beforesaid, or if any shall offend or do against the advancement of the said trade and traffic, and the common profit of the privileges or liberties of the fellowship in and by these presents to the [p. 38] president, assistants and fellowship granted, or against any statutes acts and ordinances by the president or his deputy or deputies and assistants or the more part of them made or hereafter to be made.
685. Or if any person or persons whatsoever by any means directly or indirectly or by way of complaint, or by any other cautel, device, consideration or intelligence, with any foreign prince, potentate or magistrate, or with any stranger born, attempt to break violate or make void these our privileges, or any of them, or any article in these presents contained, to the president, assistants and fellowship, whether it be within this realm of England or elsewhere, that then and so often it shall be lawful to the president or his deputy and to the assistants, or to the more part of them then present, and their successors for the time being, such obstinate offenders and evil doers to chastise and correct by imprisonment or otherwise by fine, amercement or other reasonable punishment, according to the quality of the fault or offence, as by the president for the time being or to his deputy, and to the assistants, or to the more part of them, for the time being then present, shall be [p. 39] ordered and adjudged.
686. And for that divers persons our subjects being not brought up in merchandise or use of traffic, but altogether ignorant and inexpert as well in the order and rules of merchandise as in the laws and customs of the realms of Spain and Portugal, and in the customs, usages, tolls and values of moneys, weights and measures, and in all other things belonging to merchandise very necessary, through their ignorance and lack of knowledge do commit many inconveniences and absurdities (as we are informed) to the offence of us and our dear brother the king of Spain, we willing to prevent and meet with such inconveniences and intending to further and help the expert and exercised merchants in their lawful and honest trade, and to establish good order and government in the said trade, of our ample and abundant grace do grant unto the president, assistants and fellowship of merchants that they, and such only as be or shalbe of this incorporation or free of this fellowship, shall enjoy the whole entire and only trade and traffic [p. 40] and the whole entire and only liberty, use and privilege of trading and trafficking and using the feat and trade of merchandise, by and through all the parts of Spain and Portugal, from the town of Fuenterrabia in the kingdom or province of Biscay along the coast of Spain or Portugal or either of them unto Barcelona and in all the islands adjoining or appertaining to the said realms, towards the south or west part thereof.
687. And therefore we command all the subjects of us, our heirs and successors, of what degree or quality soever they be, that none of them directly or indirectly do visit haunt frequent or trade, traffic or adventure by way of merchandise into or from any the parts of Spain or Portugal or either of them from the town of Fuenterrabia unto Barcelona, neither within any islands adjoining or appertaining to the said realms, towards the south or west part thereof, other than the president, assistants and fellowship [p. 41] and such particular persons as be of that fellowship, their factors, agents, servants and assigns, upon pain not only to incur our indignation, but also to pay such pains and amercements and also to suffer imprisonment and other pains due to the transgressors of the statutes of the fellowship. Any law, statute, custom or ordinance heretofore made or put in use to the contrary thereof in any wise notwithstanding.
688. And further of our more plentiful grace we will and grant to the president, assistants and fellowship that the president, deputy and assistants, as also the consul or consuls, governor or governors, him and their assistants for the time being, or the more part of them then present, all and singular the subjects of us, our heirs and successors, not being of the fellowship which in the said dominions or any of them shall attempt to use merchandise [p. 42] in the said places and kingdoms contrary to the force and tenor of these presents, to punish them according to their statutes and ordinances, and freely and lawfully constrain and compel them that they shall desist their attempts by fines, mulcts, imprisonments and other pains. And that all and singular forfeitures levied and collected, for the violation or not observing of any acts, statutes or constitutions by the president or his deputy and the assistants made or to be made shall be levied by distress, or any other lawful way or mean, and employed to the use and behalf of the president, assistants and fellowship.
689. And further we straightly charge and command all and singular customers, comptrollers and collectors of customs, poundage and subsidies, and all other officers within our port and city of London and elsewhere unto whom it shall appertain, that they their clerks or substitutes, shall not take entry of any goods wares or merchandises to be transported into Spain or Portugal, or make any agreement for any custom, [p. 43] poundage or other subsidy for any such goods, but only of such person and persons free of the fellowship by virtue of these our letters patents.
690. And for the better and more sure observation thereof, we will and grant that our treasurer and barons of our exchequer for the time being by force of these presents or the enrolment thereof in the court of exchequer, at all and every time and times hereafter, at and upon the request of the president, assistants and fellowship, their attorney, attorneys, deputy or assigns shall and may make and direct under the seal of the said court one or more sufficient writ or writs, close or patent, unto every or any of our customers or other officers, commanding them thereby that they nor any of them at any time or times hereafter, shall take entry of any goods, wares or merchandises to be transported into Spain or Portugal, or make any agreement for any custom, poundage or other subsidy for any such wares with any person or persons [p. 44] whatsoever, other than with or in the name of the president, assistants and fellowship, or with or in the name of some person or persons free of the fellowship, by virtue of these our letters patents, willing hereby and straightly charging and commanding all and singular admirals, vice-admirals, justices and all and singular other our officers, ministers, liegemen and subjects whatsoever, to be aiding, favouring, helping and assisting unto the president, assistants and fellowship, and to their officers, agents and ministers in executing and enjoying the premises.
691. And our further will and pleasure is that all and every person and persons as by virtue and force of these presents shall be admitted and made free of the corporation of president, assistants and fellowship shall at the time of his and their admittance before the president or his deputy and four of the assistants take his and their corporal oath and oaths for his and their good behaviour in the fellowship, and for other things to be done and [p. 45] performed as heretofore hath been accustomed.
692. And moreover we do by these presents appoint that the sons and apprentices of all and every person and persons of this fellowship, as well those that were made free by virtue of the letters patent granted by our dear sister Queen Elizabeth or by virtue of our late confirmation or by virtue of this present charter, shall at the time of their admittance into the fellowship satisfy and pay such sum and sums of money severally and respectively to the use of the fellowship as the fathers and masters of such sons and apprentices severally and respectively did pay at the time of their several admissions.
693. And also before the president or his deputy for the time being shall take such oath or oaths for his and their good behaviour in the fellowship, and for doing and performing such other matters as hath been heretofore used as the president or his deputy and the assistants then present, or the greater part of them, shall think fit and convenient.
694. And further we will and do grant to the president, assistants and fellowship [p. 46] that the president or his deputy and the assistants or the more part of them being present at any general court, shall and may from time to time put out of the fellowship any of the fellowship for faults, offences and evil government committed against any act, statute or ordinance of the fellowship for their good government made or published, or to be made or published. And that all such persons so excluded from thenceforth shall by no means intermeddle or use any trade of merchandise or traffic there with the fellowship.
695. And further we do grant to the president, assistants and fellowship that they and their successors forever hereafter shall have one sage, fit and discreet person in form hereafter in these presents expressed and specified, to be named and chosen, which shall be the secretary of the fellowship.
696. And for the better execution of this our grant, we do of our special grace [p. 47] appoint the aforenamed Richard Langley to be the first and present secretary of the fellowship, to have, hold, exercise and enjoy the office of secretaryship by himself or his sufficient deputy or deputies for and during the term of the natural life of Richard Langley, with all and as large fees, profits, commodities and emoluments, and as fully, beneficially and amply as any other secretary to any other company of merchants, fellowship or corporation of this our realm hath, occupieth or enjoyeth, or may lawfully have for or in respect of the execution of any such office. And after the decease or surrender of Richard Langley, then we do by these presents give full power and authority to the president, deputy and assistants or the more part of them then present to elect and choose from time to time the secretary of the fellowship to have such continuance and allowance and in such manner and form as to them or the more part of them shall be thought fit and convenient, which Richard Langley or his sufficient deputy or deputies and such other person and persons as shall be so chosen [p. 48] to be secretary shall take his and their corporal oath before the president or his deputy and some of the assistants that he and they shall honestly and faithfully execute the office during such time as he or they shall use and enjoy the same in all points as a faithful assistant and secretary of the fellowship ought to do.
697. And furthermore we do grant to the president, assistants and fellowship that the president or his deputy and assistants or the more part of them then present may and shall have full power and authority at their will and pleasures from time to time to assign such and so many other officers and ministers, as well within our city of London, and in all other places of our realm of England or other our dominions, as also in the said parts beyond the sea, and every of them as to the president or his deputy and assistants for the time being, or the greater part of them shall seem expedient for the doing and executing of [p. 49] all the affairs and business pertaining to the fellowship, as also to receive, gather and levy by distress or other lawful way or means, all sums of money and amercements of all and every person as well of the fellowship being, as also of all and every other persons which shall attempt to use and exercise any trade of merchandise in the realms or dominions of Spain or Portugal, and shall be condemned and found culpable for their evil government or offence, against these our letters patent or any statute, act or ordinance by the president or his deputy or deputies and assistants for the time being or the greater part of them made or to be made by virtue of these our letters patent.
698. And further we do straightly charge and command all and every mayors, sheriffs, all and every other our officers and ministers and of our heirs and successors, to support, assist, aid and help the president or his deputy or deputies and the assistants of the fellowship in executing [p. 50] the statutes and to punish the offenders and transgressors until they be fully satisfied according to the penalties and fines by the statutes appointed.
699. And if it shall happen the president or his deputy or deputies upon just cause, to commit any of the fellowship of merchants or any other the subjects or lieges of us, our heirs or successors to any gaol or prison for any offence against the statutes or any of them done or committed, then we will and command, and do grant to the president, assistants and fellowship that from time to time all and every wardens and keepers of all such gaols shall receive into their custody all and every persons so to him sent by the president or his deputy or deputies and the assistants or the more part of them, and there safely keep them at the cost and charges of the offender or offenders without any enlargement until by the consent and [p. 51] assent of the president or his deputy or deputies or their successors he or they shall be dismissed, released or enlarged, and that neither we neither our heirs or successors by any means shall remit or release such offender or offenders out of prison under bail or mainprize without the assent of the president, his deputy or deputies for the time being, and until the offenders shall obey and satisfy the president or his deputy and assistants according to the statute and ordinance aforesaid, and shall pay such and so many fines, penalties, forfeitures and amercements as by the president or his deputy or deputies or assistants or the more part of them as he or they for such offence or contempt shall be adjudged to pay. All and every which pains, fines, forfeitures and amercements shall be gathered, received and levied, to the use of the president, assistants and fellowship.
700. And furthermore we command all and every officers, mayors, sheriffs, [etc.] and all and every other ministers [p. 52] lieges and subjects of us, our heirs and successors whatsoever that they from henceforth be helping, aiding, favouring and assisting the president and his deputy or deputies and assistants of the fellowship and also their factors, substitutes, deputies and servants and their assigns and every of them, in executing and enjoying the promises as well upon the land as upon the sea, from time to time whensoever they or any of them shall thereto be required.
701. And further we have granted and given licence to the foresaid president, assistants and fellowship to have, receive and purchase to them and their successors forever, as well of us, our heirs and successors, as of all other our subjects and lieges, or of any person or persons whatsoever, any manors, messuages, lands, tenements, parsonages, tenths, rents, reversions, services and other possessions, revenues or hereditaments whatsoever, (not being holden of us, our heirs or successors, in chief or by knights service [p. 53] nor of us, our heirs or successors, nor of any other person or persons in chief or by knights service, without the special licence of us, our heirs and successors, or without the licence of the lord or lords of whom the same lands or hereditaments are holden). So as the said manors, messuages, lands and services or any other possessions, revenues, and hereditaments do not exceed the value of 100 marks by the year, the statute of mortmain, or any other act, statute, ordinance, provision or restraint thereof to the contrary heretofore made or any other thing, cause or matter in any wise notwithstanding.
702. And moreover we will, and for us, our heirs and successors, grant by these presents to the president, assistants and fellowship of merchants that these our letters patent and all and singular grants, donations, gifts, articles, clauses, sentences and words whatsoever in the same contained and declared shall be adjudged, taken and interpreted as well before us, our heirs and successors, as our council and the [p. 54] council of us, our heirs and successors, in the court of Star Chamber as also before the justices of us, our heirs and successors, of our court of the king's bench and common pleas, and before the treasurer, chancellor and barons of the exchequer of us, our heirs and successors, or in whatsoever other courts of us, our heirs and successors, and in all other places within the dominions of us, our heirs and successors, most beneficially graciously and most in the favour of the president, assistants and fellowship and of their successors for the time being and of every one of them, and of the servants and apprentices of them, and of every one of them, and chiefly for the great profit and commodity of them, and most amply, strongly and liberally against us, our heirs and successors, any prerogative, preeminence, law, custom or act of parliament or any other thing, cause or matter whatsoever before this time had ordained, made, set forth, provided or used to the contrary thereof in any wise notwithstanding.
703. And we will and do grant to the president, assistants and fellowship [p. 55] that they have and shall have these our letters patent under our great seal of England, in due manner made and sealed, without any fee or fine great or small in our hanaper or elsewhere to be taken, paid or done to our use in any manner of wise for the same, although express mention of the true yearly value or certainty of the promises or of any of them or of any other gifts or grants by us or any of our noble progenitors or predecessors, to the president, assistants and fellowship before this time made in these presents is not made, or any statute, act, ordinance, provision, proclamation, commandment or restraint to the contrary thereof made ordained or provided, or any other thing, cause or matter whatsoever it be in any wise notwithstanding.
704. In witness whereof we have caused these our letters to be made patent, witness ourself at Westminster the one and thirtieth day of May, in the third year of our reign of England, France and Ireland, and of Scotland the eight and thirtieth, per breve de privato sigillo.