their successors, that they the saide fellowship and communaltie, and their
successors after the decease of the saide Sebastian Cabota, shall, and may
freely and lawfully in places conuenient and honest, assemble themselues
together, or so many of them as will or can assemble together, as well
within our citie of London, or elsewhere, as it shall please them, in such
sort and maner, as other worshipfull corporations of our saide citie haue
vsed to assemble, and there yeerely name, elect and choose one Gouernour or
two of themselues, and their liberties, and also as well yeerely during the
natural life of the said Sebastian Cabota now Gouernour, as also at the
election of such saide Gouernour or gouernours before his decease, to
choose, name, and appoint eight and twentie of the most sad, discreete, and
honest persons of the saide fellowship, and communaltie of Marchant
aduenturers, as is aboue specified, and 4. of the most expert and skilfull
persons of the same 28. to be named and called Consuls, and 24. of the
residue, to be named and called Assistants to the saide Gouernour or
gouernours, and Consuls for the time being, which shal remaine and stand in
their authorities for one whole yeere then next following. And if it shall
fortune the saide Gouernour, Consuls, and assistants, or any of them so to
be elected, and chosen as is aforesaid, to die within the yeere after his
or their election, that then and so often, it shall and may be lawfull to
and for the said fellowship, and communalty, to elect and choose of
themselues other Gouernour or gouernours, Consuls and assistants, in the
place and steade of such as so shall happen to die, to serue out the same
yeere.
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.
And furthermore, whereas by the voyage of our subiects in this last yeere
[Footnote: Anno 1554.] attempted by Nauigation, towards the discouerie and
disclosure of vnknowen places, Realmes, Islandes, and Dominions by the seas
not frequented, it hath pleased Almighty God to cause one of the three
shippes by them set foorth for the voyage, and purpose aboue mentioned,
named the Edward Bonaventure, to arriue, abide, and winter within the
Empire and dominions of the high and mightie Prince our cousin and brother,
Lord Iohn Basiliuich Emperour of all Russia, Volodomer, great duke of
Moscouie, &c. Who, of his clemencie, for our loue and zeale, did not onely
admitte the Captaine, and marchants our subiects into his protection, and
Princely presence, but also receiued and interteined them very graciously,
and honourably, granting vnto them by his letters addressed vnto vs, franke
accesse into all his Seigniories and dominions, with license freely to
traffique in and out with all his Subiects in all kinde of Marchandise,
with diuers other gracious priuiledges, liberties and immunities specified
in his sayde letters vnder his Signet: Know yee therefore that wee of our
further royall fauour and munificence, of our meere motion, certaine
knowledge, and speciall grace, for vs our heires and successours, haue
giuen and graunted, and by these presents doe giue and graunt vnto the same
Gouernours, Consuls, assistants, fellowship, and comunalty aboue named, and
to their successours, as much as in vs is, that all the mayne landes,
Isles, Portes, hauens, creekes, and riuers of the said mighty Emperour of
all Russia, and great Duke of Mosco, &c. [Sidenote: The largenes of the
priuiledge of the Moscouite companie.] And all and singuler other lands,
dominions territories, Isles, Portes, hauens, creekes, riuers, armes of the
sea, of al and euery other Emperor, king, prince, ruler, and gouernour,
whatsoeuer he or they before the said late aduenture or enterprise not
knowen, or by our foresayd marchants and subiects by the seas not commonly
frequented, nor by any part nor parcell thereof lying Northwards,
Northeastwards, or Northwestwards, as is aforesayd, by sea shall not be
visited, frequented nor hanted by any our subiects, other then of the sayd
company and felowship, and their successours without expresse licence,
agreement and consent of the Gouernour, Consuls, and Assistants of the said
felowship and communaltie aboue named, or the more part of them, in manner
and number aforesayd, for the time being, vpon paine of forfeiture and
losse, as well of the shippe and shippes, with the appurtenances, as also
of all the goods, marchandises, and things whatsoeuer they be, of those our
subiects, not being of the sayd felowship and communalty, which shall
attempt and presume to saile to any of those places, which bee, or
hereafter shall happen to bee found, and traffiked vnto: the one hafe of
the same forfeiture to be to the vse of vs, our heires and successors, and
the other halfe to be to the vse of the sayd fellowship and communaltie.
And if it shall fortune, anie stranger or strangers, for to attempt to
hurt, hinder, or endamage the same marchants, their factors, deputies, or
assignes, or any of them in sailing, going or returning at any time in the
sayd aduenture, or for to saile or trade to or from any those places,
landes or coastes, which by the sayd marchants, their factors, deputies and
assignes haue bene, or shall bee descried, discouered and found, or
frequented, aswell within the coastes and limites of gentility, as within
the dominions and Seigniories of the sayd mighty Emperour and Duke, and of
all and euery other Emperour, King, Prince, Ruler and gouernour whatsoeuer
he or they be, before the sayd late aduenture or enterprise not knowen by
any our said marchants and subiects, by the seas not commonly frequented,
and lying Northwards, Northwestwards or Northeastwards as aforesaid, then
wee will and grant, and by these presents doe licence, and authorise for
vs, our heires and successors, the said marchants, their factors, deputies,
and assignes, and euery of them to doe their best in their defence, to
resist the same their enterprises and attempts. Willing therefore, and
straightly commanding and charging al and singular our Officers, Maiors,
Sherifes, Escheators, Constables, Bailifes, and all and singuler other our
ministers and liege men, and subiects whatsoeuer, to bee aiding, fauouring,
helping and assisting vnto the sayd gouernour or gouernours, Consuls,
assistants, fellowship and communalty, and to their successors and
deputies, factors, seruants, and assignes, and to the deputies, factors and
assignes of euery of them, in executing and enioying the premisses, as well
on land as in the sea, from time to time, and at all times when you or any
of you shall be thereunto required. In witnesse whereof, &c.
Apud Westmonasterium, 6 die Feb. Annis Regnorum nostrorum, primo et
secundo. [Footnote: Anno 1555.]
* * * * *
Certaine instructions deliuered in the third voyage, Anno 1556. for Russia,
to euery Purser and the rest of the seruants, taken for the voyage, which
may serue as good and necessary directions, to all other like
aduenturers.