An Act for the corporation of Merchants adventurers for
the discovering of new trades, made in the eight yeere
of Queene Elizabeth. Anno 1566.
WHEREAS divers very good Subjects of this
Realme of
England in the latter ende of the reigne of the late
right high and mightie prince our Soveraigne Lord king
Edward the sixt, at the gracious encouragement, and
right good liking of the said king, and by his Majesties
liberall example, did at their adventure, and to their
exceeding great charges, for the glory of God, the honor
and increase of the revenues of the Crowne, and the
common utilitie of the whole
Realme of England, set
forth three ships for the discovery by Sea, of Isles, lands,
territories, dominions, and Seigniories unknowen, and by
the Subjects of the sayd late king not commonly by seas
frequented: and after that Almightie God had called to
his mercie the said king, who died before the finishing
and sealing of his most ample and gracious letters of
priviledges promised to the said Subjects, as wel in consideration of the said enterprise, as for divers other
respects it pleased our late sovereigne Q. Mary, at the
humble suites of the same subjects, to graunt by her
letters Patents under the great Seale of England, bearing
date at Westminster
the 26. day of February, in the
second yeere of her raigne, for the considerations mentioned in the said letters Patents, to the saide subjects
being specially named in the saide letters Patents, and
to their successors, that they by the name of Merchants
adventurers of England, for the discoverie of lands,
territories, Isles, dominions, and Seigniories unknowen,
and not before their late adventure or enterprise, by seas
or Navigations commonly frequented, should be from
thenceforth one body, and perpetual felowship and communaltie of themselves, both in deed and in name, and
that the same felowship and communaltie from thenceforth
should and might have one or two governours, foure
Consuls, and 24. assistants, of the said felowship and
comminaltie of Merchants adventurers, and that they by
the name of the Governour, Consuls, assistants, felowship,
and comminaltie of Merchants adventurers, for the discovery of lands, territories, Isles, dominions, and Seigniories unknowen, by the seas and Navigations, and not
before their said late adventure or enterprise, by Seas
frequented, should or might be able in the lawe to implead
and to bee impleaded, to answere and to be answered, to
defend and to be defended, before whatsoever Judge or
Justice temporall or spiritual, or other persons whatsoever,
in whatsoever court or courts, and in all actions, real,
personal, and mixt, and in every of them, and in all plaints
of Novel deseison, and also in all plaints, sutes, quarrels,
affaires, businesse, and demaunds whatsoever they be,
touching and concerning the said felowship and comminaltie, and the affaires and businesse of the same, only
in as ample maner and forme, as any other corporation of
this Realme might doe, giving also, and granting unto
them by the said letters Patents, divers authorities,
powers, jurisdictions, preheminences, franchises, liberties
and priviledges, as by the same letters Patents more at
large will appeare. And among other things mentioned in
the said letters Patents, whereas one of the three ships,
by the said fellowship before that time set foorth for the
voyage of discovery aforesaid, named the Edward Bonaventure, had arrived within the Empire and dominion
of the high and mightie Prince Lord John Vasiliwich,
Emperour of all Russia
, Volodimersky, great duke of
Musky, &c. who received the Captaine and Merchants of
the saide shippe very graciously, granting unto them
freely to traffique with his subjects in all kinde of
merchandizes, with divers other gracious priviledges and
liberties: therefore the said late Queene by the same
letters Patents, for her, her heires and successors, did
graunt that all the maine lands, Isles, ports, havens,
creeks and rivers of the said mighty Emperour of all
Russia
, and great duke of Mosco, &c. and all and
singular other lands, dominions, territories, Isles, ports,
havens, creeks, rivers, armes of the seas, of al and every
other Emperour, king, prince, ruler, or governer whatsoever he or they be, before the said late adventure or
enterprise not knowen, or by the aforesaid merchants and
subjects of the said king and Queene, by the seas not
commonly frequented, nor any part or parcell thereof,
and lying Northwards, Northeastwards, or Northwestwards, as in the said letters patents is mentioned, should
not be visited, frequented nor haunted by any the subjects
of the said late. Queene, other then of the said company
and fellowship, and their successors, without expresse
licence, agreement, & consent of the Governer, Consuls,
and Assistants of the said felowship, and communaltie, or
the more part of them, in maner & forme, as is expressed
in the saide letters patents, upon paine of forfeiture and
losse aswell of the ship and ships, with the appurtenances,
as also of the goods, merchandizes, and things whatsoever they be, of those the subjects of the said late
Queene not being of the saide fellowship and communaltie,
which should attempt or presume to saile to any of those
places, which then were, or after should happen to be
found and traffiqued unto, the one halfe of the same
forfeiture to be to the use of the said late Queene, her
heires & successors, and the other halfe to be to the use of
the said felowship & communaltie, as by the same letters
patents more plainly will appeare.
Since the making of which letters patens, the said
fellowship have, to their exceeding great costes, losses
and expences, not onely by their trading into the said
dominions of the saide mightie prince of Russia
, &c.
found out convenient way to saile into the saide dominions :
but also passing thorow the same, and over the
Caspian
sea, have discovered very commodious trades into Armenia
,
Media, Hyrcania, Persia, and other dominions in Asia
minor, hoping by Gods grace to discover also the countrey
of Cathaia, and other regions very convenient to be
traded into by merchants of this realme, for the great
benefite and commodities of the same.
And forasmuch as divers subjects of this realme, understanding the premises, and perceiving that now after the
charge and travel aforesaid, divers wares and merchandizes are brought by the saide fellowship into this Realme,
out of the dominions already discovered, which bee within
this realme of good estimation, minding for their peculiar
gaine, utterly to decay the trade of the sayde fellowship,
have contrary to the tenor of the same letters patents, in
great disorder traded into the dominions of the said
mightie prince of Russia
, &c. to the great detriment of
this common wealth: And for that the name by which the
saide felowship is incorporated by the letters patents
aforesaid, is long, & consisteth of very many words:
Therfore be it enacted by the Queenes most excellent
Majestie, the Lords spiritual and temporal, & the
commons in this present parliament assembled, and by
authoritie of the same, that the said felowship, company,
society & corporation made or created by the said letters
patents, shal at al time & times from henceforth be
incorporated, named and called onely by the name of the
fellowship of English merchants, for discovery of new
trades, and by the same name for ever shall and may
continue a perpetuall body incorporate in deede and name,
and onely by the same name from henceforth, shall implead, and be impleaded, answere and be answered, defend
and be defended, sue and bee sued, in whatsoever courts
and places, and shall and may by the same name bee
inabled to purchase, have, holde, possesse, reteine, and
enjoy whatsoever manors, landes, tenements, rents, reversions, services, & hereditaments not exceeding a hundred
marks yeerely, not being holden of the Queenes majestie,
her heires, or successors by knights service in
Capite,
and all goods, merchandizes, chattels, and other things
whatsoever, and shall and may by the same name make
and do all things as any other corporation may do, and
also shall have and enjoy all and singular the liberties,
priviledges, jurisdictions, franchises, preheminences,
powers, authorities, and things, and may doe and execute
all other matters and things in the sayd letters patents
mentioned, or in any wise conteined. And that no part
nor parcell of the maine lands, Isles, ports, havens,
roades, creekes, rivers, armes of the seas of any
Emperour, king, prince, ruler or governor whatsoever he
or they be, before the said first enterprise made by the
merchants of the saide corporation, not knowen by the
merchants and subjects of this Realme, or by them not
commonly by seas frequented, and lying from the
City of
London Northwards, Northwestwards, or Northeastwards,
nor any part or parcel of the maine lands, dominions,
isles, ports, roades, havens, creeks, armes of the Seas,
that now be subject to the said high and mightie prince
Lord John Vasiliwich, his heires or successours, or to the
Emperour, chiefe governour or ruler of the said country
of Russia
for the time being, his heires or successors, nor
the countries of Armenia
major or minor, Media, Hyrcania, Persia, or the
Caspian sea, nor any part of them
shall be sailed or traffiqued unto, visited, frequented, or
haunted by any person being or that shalbe a subject or
denizen of this realme, by themselves, their factor or
factors, or any other to their use or commoditie, by any
wayes or meanes, directly or indirectly, other then by the
order, agreement, consent, or ratification of the gover
nour, Consuls and assistants of the saide fellowship and
comminaltie, or the more part of them, and their successors for the time being: upon paine that every person
and persons offending in this behalfe, shall forfeit and
loose, Ipso facto, every such ship and ships, with the
appurtenances, and all such goods, Merchandizes, and
things whatsoever, as by any such person or perons shalbe
by any wayes or meanes, directly or indirectly, provided,
caried, conducted, brought or exchanged, in, at, to,
through or from any of the places prohibited, as is aforesaide, contrary to the true intent of this statute: the one
moietie of all which forfeitures to bee to our said
sovereigne Lady the Queenes Majestie, her heires and
successors, and the other moitie thereof to the sayde
fellowship of English Merchants for discovery of newe
trades, and their successors, to be seized and taken wheresoever they may be found, by any person or persons, to
the use of our said Sovereigne Lady, her heires and
successors, and of the said fellowship of English
merchants for discovery of newe trades, and of their
successors, or the same or the value thereof to bee
demaunded or sued for by the Queenes highnesse, her
heires and successors, or by the saide fellowship of English
Merchants for discovery of newe trades, or their successors,
or their atturney or atturneis, or by any person or persons
being of the same fellowship of English Merchants for
discovery of newe trades, or their successors in any court
of Record, or in any other Court or courtes within this
Realme, or els where, by Action of debt, action of detinue,
bill, plaint, information, or otherwise: in which suite no
essoine, protection, wager of lawe, or injunction shall be
allowed, for, or on the behalfe of the partie or parties
defendant.
Provided alwayes, that whereas divers Subjects of this
Realme being not of the fellowship aforesaid, have
heretofore made adventures to and from some of the
places prohibited by the said letters patents, that the said
subjects, their heires, executors, administrators and
assignes, or any of them shall not be impeached, impleaded, troubled, sued, nor molested for the same in their
goods or persons in any maner of wise, either by our saide
sovereigne Lady, her heires or successors, or the said
fellowship, or their successors.
Provided also, that it shall be lawfull for any subject
of this Realme, having presently any shipping, goods,
wares, or ready money, remayning at or in any place,
of or within the dominion of the said mighty prince of
Russia
, or in any other of the places prohibited to be
visited or traffiqued unto by this statute or the said letters
Patents, to fetch, bring, and convey the same, or cause
the same to be brought or conveyed from thence by sea
or otherwise, before the feast of S. John Baptist, which
shalbe in the yeere of our Lord God 1568. any thing
conteined in this statute, or in the said letters Patents to
the contrary notwithstanding.
Provided also, that it shall be lawfull for any of the
subjects of this Realme, to saile to the port, towne, territorie, or castle of Wardhouse, or to any of the coastes,
townes, havens, creekes, rivers, Islands, and land of
Norway
for trade of fishing, or any other trade there used
by the subjects of this Realme, any thing in this statute to
the contrary notwithstanding.
And for the better maintenance of the Navie and
Mariners of this Realme, be it provided and inacted, that
it shall not be lawfull to the saide fellowship and company, nor to any of them to cary and transport, or cause
to be caried and transported any commodie of this Realme
to their newe trade, but onely in
English ships, and to be
sailed for the most part with English Mariners, nor also
to bring into this Realme nor into Flanders from their
saide new trade, any merchandizes, or other commodities
but in
English ships, and sailed for the most part by the
English Mariners, on paine to forfeit for every such offence
two hundred pounds, whereof the one moitie shall be to
the Queenes Majestie, her heires and successors, the other
moitie to the head officers of any port towne, having any
haven or harborough decayed, by what name soever they
bee incorporate, to the reparation of such harborough,
that will sue for the same in any Court of Record, by
action, bill, plaint or information, wherein no essoine,
protection, or wager of lawe for the defendant shall be
admitted or allowed.
Provided also, and be it enacted, that no maner of
person or persons shall from henceforth carrie or transport, or cause to bee carried or transported out of this
Realme of England, any maner of clothes or karsies into
any of the partes where the said fellowship and societie is
priviledged to trade by this Act, before the same clothes
and karsies shall be all dressed, and for the most part
died within this Realme, upon paine of forfeiture for every
such cloth and karsie, otherwise caried and transported,
five pounds: the one halfe thereof to the Queenes Majestie,
her heires and successors, the other halfe to the Master
and Wardens of the Clothworkers in the Citie of London
for the time being, by what name soever they be incorporate that wil sue for the same.
Provided also that whensoever the said societie or
company shall willingly withdraw, and discontinue wholy
by the space of three yeeres in time of peace, the discharging of their merchandizes at the road of S. Nicholas
bay in Russia
, and doe not discharge their said merchandizes at some other port or roade lying on that North
coast of Russia
, or other territorie nowe subject to the
saide mightie prince of Russia
, &c. hitherto by the subjects
of this realme not commonly frequented, that then during
the time of any such discontinuance and withdrawing, as
is aforesaid, it shalbe lawful to all the subjects of this
realme to trade to the Narve onely in
English bottoms,
any thing in this Act to the contrary notwithstanding.
Provided also, that every of the Queenes Majesties
Subjects inhabiting within the Citie of Yorke, the townes
of Newcastle
upon Tine, Hull and of Boston
, having
continually traded the course of merchandize by the space
of ten yeeres, and which before the 25. of December that
shalbe in
Anno D. 1567. shal contribute, joyne, and put in
stocke, to, with, and amongst the said company, such
summe & summes of money, as any of the said company,
which hath throughly continued and contributed to the
saide newe trade, from the yeere 1552. hath done, and
before the saide 25. of December 1567. shall do for the
furniture of one ordinary, full and intire portion, or share,
and do in all things behave himselfe as others of the said
societie be bound to doe, and hereafter shall bee bound to
do by the priviledges, ordinances and statutes of the saide
company, shall from the same 25. day of December 1567.
be, and be accompted free, and as one of the said societie
and company, and subject to the priviledges, ordinances
and statutes of the saide company, reasonably made and
to be made, any thing in this present Act to the contrary
notwithstanding.
