And further we do make, ordeine, and constitute George Barnes knight and Alderman of our Citie of London, William Garret Alderman of our saide Citie, Anthonie Husie, and Iohn Suthcot, to be the first and present 4. Consuls of the said fellowship and communalty by these presents, to haue and enioy the said offices of Consuls to them the said George Barnes, William Garret, Anthony Husie, and Iohn Suthcot, for terme of one whole yere next after the date of these our letters patents: And we doe likewise make, ordeine and constitute Sir Iohn Gresham knight, Sir Andrew Iudde knight, Sir Thomas White knight, Sir Iohn Yorke knight, Thomas Offley the elder, Thomas Lodge, Henry Herdson, Iohn Hopkins, William Watson, Will. Clifton, Richard Pointer, Richard Chamberlaine, William Mallorie, Thomas Pallie the elder, William Allen, Henry Becher, Geffrey Walkenden, Richard Fowles, Rowland Heyward, George Eaton, Iohn Ellot, Iohn Sparke, Blase Sanders, and Miles Mording, to be the first and present 24. Assistants to the saide Gouernour or governours, and Consuls, and to the said fellowship and communaltie by these presents, to haue and enioy the said offices of assistants to them for terme of one whole yere, next after the date of these our letters-patents. And further, we for vs, our heires and successors, as much as in vs is, wil and graunt by these presents vnto the saide Gouernour, Consuls, assistants, fellowship and company of Marchants aduenturers aforesaid, and to their successors, that the said gouernour or gouernours, 4. Consuls, and 24. assistants, that now by these patents are nominated and appointed, or that hereafter by the saide fellowship and communaltie of marchants aduenturers, or the more part of them, which shalbe then present, so from time to time to be chosen, so that there be 15. at the least wholy agreed therof, the said Gouernour or gouernours, or one of them, and 2. of the said Consuls shalbe there, and 12. of the residue of the said number of 15. shall be of the saide assistants, and in the absence of such Gouernour, that then 3. of the said Consuls, and 12. of the saide assistants at the least for the time being shal and may haue, vse and exercise ful power and authority to rule and gouerne all and singuler the Marchants of the said fellowship and communaltie, and to execute and doe full and speedie iustice to them, and euery of them, in all their causes, differences, variances, controuersies, quarrels, and complaints, within any our realmes, dominions and iurisdictions onely moued, and to be moued touching their merchandise, traffikes, and occupiers aforesaid, or the good order or rule of them or any of them.
Also wee for vs, our heires and successours, so much as in vs is, doe likewise by these presents graunt, that the said Gouernour, Consuls, assistants, fellowship and communaltie, and their successors shall and may haue perpetuall succession, and a common Seale which shall perpetually serue for the affaires and businesse of the saide fellowship and communaltie. And that they and their successours, shall and may bee for euer able persons, and capax in the lawe, for to purchase and possesse in fee and perpetuitie, and for term of life or liues, or for terme of yeeres or otherwise, lands, tenements, rents, reuersions, and other possessions, and hereditaments whatsoeuer they bee, by the name of the Gouernour, Consuls, assistants, fellowship and communaltie of the Marchants aduenturers by Seas and Nauigations for the discouerie of landes, territories, Iles, Dominions, and Seigniories vnknowen, and before the saide last aduenture or enterprise by seas not frequented, as before is specified, and by the same names shall and may lawfully alien, graunt, let and set the same or any part thereof to any person or persons able in the lawe to take and receiue the same. So that they doe not graunt nor alien the same, or any part thereof into mortmaine, without speciall licence of vs, our heires or successours, first had and obtained.
Also wee for vs, our heires and successours haue graunted, and by these presents doe graunt vnto the saide Gouernours, Consuls, assistants, fellowship and communaltie of the saide Marchants and to their successours, that they and their successours, shall and may lawfully purchase vnto them and their successors for euer, landes, tenements and hereditaments whatsoeuer, of the cleare yeerely value of threescore sixe pounds, thirteen shillings and foure pence of lawful money of England and not aboue, as well of such lands, tenements and hereditaments, as be holden or shall be holden of vs, our heires or successours, as of any other person or persons, the statutes prouided against alienations into mortmaine, or any of them, or any article or clause in them or any of them contained, or any other lawe, custome, statute or prouision to the contrary in any wise notwithstanding. And that they by the name of the Gouernour, Consuls, assistants, fellowship and communaltie of Marchants aduenturers, for the discouerie of lands, territories, Isles, dominions and Seigniories vnknowen by the Seas and Nauigations, and not before the said late aduenture or enterprise by seas frequented as aforesaid, shall and may be able in the law to implead, and be impleaded, to answere, and to be answered, to defende, and to be defended before whatsoeuer Iudge or Iustice, temporall or spirituall, or other persons whatsoeuer, in whatsoeuer court, or courts, and in all actions personall, reall, and mixt, and in euery of them, and in all plaints of nouel disseison, and also in all plaints, suites, quarels, affaires, businesses and demaunds whatsoeuer they bee, touching and concerning the saide fellowship and communaltie, and the affaires and businesse of the same onely, in as ample manner and forme, as any other corporation of this our Realme may doe.
Moreouer, wee for vs, our heires and successours, haue giuen and graunted, and by these presents doe giue and graunt vnto the said Gouernour, Consuls, assistants, fellowshippe, and communaltie of Marchants aduenturers aforesaide, and to their successours, that the saide Gouernour, or Gouernours, Consuls and assistants, and their successors, in maner, forme, and number afore rehearsed, shall haue full power and authoritie from time to time hereafter, to make, ordein, establish and erect all such statutes, actes and ordinaunces, for the gouernement, good condition, and laudable rule of the saide fellowship and communaltie of Marchants aduenturers aforesaid, as to them shall bee thought good, meete, conuenient and necessarie, and also to admit vnto the saide Corporation and fellowship to be free of the same, such and as many persons, as to them shal bee thought good, meete, conuenient and necessarie. And that euery such person or persons, as shall fortune heereafter to bee admitted into the saide fellowshippe, communaltie and corporation, shal from the time of his or their admittance, be free of the same. And also wee will, and by these presents, graunt for vs, our heires and successours, vnto the saide Gouernours, Consuls, assistants, fellowship, communaltie of Marchants aduenturers aforesaid, and to their successours, that the Gouernour, or gouernors, Consuls and assistants of the same, in maner, forme, and number afore rehearsed, and their successours for the time being, shall, and may haue full power and authoritie by these presents from time to time, as to them shal seeme good, to limite, set, ordeine and make, mulcts, and penalties by fines, forfeitures, and imprisonments, or any of them vpon any offender of the saide fellowship and communaltie, for any offence touching the same fellowhip and communaltie, and also that all acts and ordinances by them or their successours to bee made, which time shall thinke not necessarie or preiudiciall to the saide fellowship or communaltie, at al times to reuoke, breake, frustrate, annihilate, repeale and dissolue at their pleasure and liberty. And further, wee will, that if any of the saide fellowship and communaltie shalbe found contrarious, rebellious, or disobedient to the saide Gouernour or gouernours, Consuls, and the said assistants for the time being, or to any statutes, acts or ordinances by them made or to be made, that then the saide Gouernour or gouernours, Consuls, and the saide assistants, in maner, forme, and number aboue specified, for the time being, shall and may by vertue of these presents, mulct, and punish euery such offender or offenders, as the quality of the offence requireth, according to their good discretions.
And further, we will that none of the saide offender or offenders shall decline from the power of the saide Gouernour, or gouernours, Consuls and assistants, in maner, forme, and number abouesaide for the time being: so alwayes, that the saide actes, statutes and ordinances, doe onely touch and concerne the saide Gouernour or gouernours, Consuls, assistants, and the saide fellowship and communaltie of our before named Marchants aduenturers, or the men of the same fellowship and communaltie, and none other; And so alwayes, that such their acts, statutes and ordinances bee not against our prerogatiue, lawes, statutes, and customes of our realmes and Dominions, nor contrary to the seuerall duetie of any our subiects towards vs, our heires and successours, nor contrarie to any compacts, treaties, or leagues, by vs or any our progenitours heretofore had or made, or hereafter by vs, our heires and successours to bee made, to or with any forreine Prince or potentate, nor also to the preiudice of the corporation of the Maior, communalties and Citizens of our Citie of London, nor to the preiudice of any person or persons, bodie politique, or corporate or incorporate, iustly pretending, clayming, or hauing any liberties, franchises, priuiledges, rightes or preheminences, by vertue or pretext of anie graunt, gift, or Letters patents, by vs, or anie our Progenitours, heeretofore giuen, graunted, or made.
Moreouer, we for vs, our heires, and successours, will, and by these presents, doe graunt vnto the said Gouernors, Consuls, assistants, fellowship and communaltie of our Marchants aforesaid, that their said Gouernour or gouernours, Consuls and assistants, and their successors for the time being, in maner, forme and number aboue rehearsed, shal haue full power and authoritie to assigne, constitute and ordaine one officer, or diuers officers as well within our aforesaide Citie of London, as also in any other place or places of this our Realme of England, or else where within our dominions, which officer or officers, wee will to be named and called by the name of Sergeant or Serjeants to the fellowship or communalty of the said marchants, and that the said sergeant or sergeants, shall and may haue full power and authoritie by these presents, to take, leuie and gather all maner fines, forfeitures, penalties and mulcts of euery person and persons, of the saide fellowship and communaltie conuict, and that shalbe conuicted, vpon or for breaking of any statutes, acts, ordinances, to bee made by the saide Gouernour or gouernours, Consuls and assistants for the time being.
And further, we will and also graunt for vs, our heires, and successours, that the saide officer or officers shall haue further power and authoritie for the default of payment, or for disobedience in this behalfe (if neede be) to set hands and arrest aswell the bodie and bodies, as the goods and chattels of such offender, and offenders, and transgressers, in euery place and places not franchised. And if it shall fortune any such offender or offenders, their goods and chattels or any part thereof, to be in any citie, borough, towne incorporate, or other place franchised or priuiledged, where the said officer or officers may not lawfully intromit or intermeddle, that then the Maior, shirifes, baylifes, and other head officers, or ministers, within euery such citie, borough, towne incorparate or place or places franchised, vpon a precept to them, or any of them, to be directed from the gouernour or gouernours, Consuls and assistants of the said fellowship, in number and forme aforesaid, vnder the common seale of the sayd fellowship and communaltie for the time being, shall and may attach and arrest the body or bodies of such offender or offenders, as also take, and seise the goods and chattels of all and euery such offender or offenders, being within any such place or places franchised, and the same body and bodies, goods and chattels of all and euery such offender and offenders, being within any such place or places franchised, and every part therof so attached and seazed, shall according to the tenor and purport of the sayd precept, returne, and deliuer vnto the sayd officer or officers of the aforesaid fellowship, and communaltie.
And further, we will and grant for vs, our heires and successours by these presents, that all, and euery such Maior, shirife, baylife, or other head officers or ministers of any citie, borough, towne incorporate, or other places franchised, shall not be impeached, molested, vexed or sued in any our court or courts, for executing or putting in execution of any of the said precept or precepts.
[Sidenote: K. Philip and Queene Mary hereby do disannul Pope Alexanders diuision. [Footnote: Alexander VI, the father of Lucretia and Cæsar Borgia, had divided the Indies between Spain and Portugal.]. And furthermore, we of our ample and abundant grace, meere motion, and certaine knowledge, for vs, our heires, and successors, as much as in vs is, haue giuen and granted, and by these presents doe giue and grant vnto the sayd gouernour, Consuls, assistants, fellowship, and conimunaltie of Marchants aduenturers, and to their successors, and to the Factor and Factors, assigne and assignes of euery of them, ful and free authoritie, libertie, facultie and licence, and power to saile to all portes, regions, dominions, territories, landes, Isles, Islands, and coastes of the sea, wheresoeuer before their late aduenture or enterprise vnknowen, or by our Marchants and subiects by the seas not heretofore commonly frequented, vnder our banner, standerd, flags and ensignes, with their shippe, ships, barke, pinnesses, and all other vessels of whatsoeuer portage, bulke, quantitie, or qualitie they may be, and with any Mariners, and men as they will leade with them in such shippe or shippes, or other vessels at their owne and proper costs and expences, for to traffique, descrie, discouer and finde, whatsoeuer Isle, Islands, countreis, regions, prouinces, creekes, armes of the sea, riuers and streames, as wel of Gentiles, as of any other Emperor, king, prince, gouernor or Lord whatsoeuer he or they shalbe, and in whatsoeuer part of the world they be situated, being before the sayd late aduenture or enterprise vnknowen, and by our Marchants and subiects not commonly frequented, and to enter and land in the same, without any maner of denying, paine, penaltie or forfeiture to be had or taken by anie our lawes, customes or statutes to our vse, or to the vse of our heires or successors for the same.
And we haue also granted, and by these presents, for vs, our heires and successors, doe graunt vnto the sayd Gouernours, Consuls, assistants, fellowship and communalty, and to their successours, and to their Factors and assignes, and to euery of them, licence for to reare, plant, erect, and fasten our banners, standards, flags, and Ensignes, in whatsoeuer citie, towne, village, castle, Isle, or maine lande, which shall be by them newly found, without any the penalties, forfeitures, or dangers aforesayde, and that the sayd fellowship and communalty, and their successors, Factors and assignes and euery of them shall and may subdue, possesse, and occupie, all maner cities, townes, Isles, and maine lands of infidelitie, which is or shal be by them, or any of them newly founde or descried, as our vassals and subiects, and for to acquire and get the Dominion, title, and iurisdiction of the same Cities, Townes, Castles, Villages, Isles, and maine landes, which shall bee by them, or any of them newly discouered or found vnto vs, our heires and successours for euer.