ii. The revival of the Company, 1604–1606
As long as the war continued there was no hope of reviving the Spanish
Company. Its members diversified their interests, some entering the Levant
and other trades, some managing to keep in contact with the peninsula by
devious means, sending their goods through the ports of France and
Barbary or disguising their ships as neutral Scots or Irish vessels. Very
many of them, probably the majority, were involved in the maritime war of
reprisals against Spain, forming 'the weightiest element in the mass of
merchant privateering promoters'. (fn. 1) Wilford himself seems to have been
curiously inactive, although he was no more than middle-aged when war
broke out. On two occasions he was asked by the privy council to arbitrate
in commercial disputes, but otherwise his whereabouts and occupation are
unknown. (fn. 2)
By 1600 however the prospects for a European settlement were growing
brighter, and in February of that year the committee which had been deputed
to confer with Verreyken, the envoy sent over by Archduke Albert, called
before it some of the former members of the company. They were asked to
furnish evidence of the privileges they had previously enjoyed in the peninsula and to indicate whether they had felt the need of further guarantees of
security, or would need them in the light of any events which had occurred
since their withdrawal. The merchants could recall all their old privileges
but were hazy about the diplomatic arrangements which had provided the
framework of their trade. 'Mr. Secretary Wilson when he was secretary',
they informed the committee, 'was desirous to collect all the treaties and
grants that had passed between the king of England, the king of Castile
and the king of Portugal, which books if you can get the sight of will
better satisfy you than we can'. (fn. 3) The talks held that summer came to nothing,
but with the death of the queen in March 1603 the time seemed ripe for
another attempt at a durable settlement. James I on his arrival in England
took the initiative by ordering a suspension of hostilities, and to Philip III,
his newly-inherited empire suffering from internal tensions, there seemed
little reason to continue an expensive war against a nation now headed by a
friendly monarch. In April 1603, English catholic merchants were granted
free access to Spanish and Portuguese ports; a month later the religious
proviso was abolished. (fn. 4) The war had come to an end, and slowly trade
began to resume its normal course.
The first moves which were made towards re-establishing the company
cannot be determined with precision, for by the time of the opening meeting
at Wilford's London house on 16 March 1604 certain measures had already
been taken. Apart from Wilford himself, several notable merchants were
present, including the great privateer Sir John Watts, his brother-in-law
Sir Robert Lee, Alderman Robert Cobb who had also been an active
privateer, and Alderman Andrew Banning who had formerly acted as
Spanish factor for his more powerful brother Paul, the Levant and East
India merchant. The meeting began by electing the lawyer Richard Langley
as secretary, after he had agreed to divest himself of some of his other
responsibilities in order to undertake the task. Langley then outlined the
progress that had been made so far, for the letters patent of 1577 were about
to be presented to the lord chancellor for the engrossing of a charter of
confirmation. A committee was appointed to attend the chancellor on the
matter, and before departing those present agreed to a levy of 20s. each on
themselves and a large number of absentees, presumably former members,
to defray costs. (fn. 5)
The overall situation was not encouraging. A number of major problems
confronted the merchants, each requiring a speedy solution if their incorporation was to continue on a firm basis. First, the company needed swift
and forceful support for its legal position, not merely a confirmation of its
old privileges which might easily be overlooked in the new postwar situation. It was expected that the coming session of parliament would see a
renewed onslaught on all patents and private monopolies, which might
well be broadened to include the joint-stock and regulated companies. In
the previous debate on monopolies in 1601 the commons had agreed to
exclude corporations, but the issues were so closely connected and the
hostility towards the London merchants so deep-rooted that the question
was almost bound to arise once more. The situation was rendered all the
more precarious as the first legal judgment on a private monopoly, delivered
at the end of Elizabeth's reign, had ruled against it, an event which had led
James I on his accession to suspend all the others until the privy council
was able to scrutinise them. (fn. 6) Secondly, although the war was over, no
formal peace treaty had been concluded, and as yet the negotiations showed
little sign of starting in earnest. When they did, it was vital that the company
should receive safeguards and privileges sufficient for its members to undertake their trade without harassment. Above all, it might be possible by
diplomatic means to undo the disaster that had occurred during the war,
the loss of the brotherhood at San Lucar with all its property and influence.
Within a few years of the seizures of 1585, only a few catholic Englishmen were left of the once-thriving community in Andalusia. On St. George's
day 1591, eight of these merchant factors had met together to announce on
behalf of the whole brotherhood that in future their land, income and right
to levy impositions would be devoted to the upkeep of a 'confraternity of
English priests', ruled by the current superior of the Jesuits in Andalusia, to
be called 'the chaplains of St. George'. The new confraternity would be a
staging-post for the young seminarians returning secretly to England after
their training abroad in the colleges of the counter-reformation. Moreover,
the chaplains' future influence over the merchants would be great, for they
were to vote in the election of the consul at San Lucar and in the event of
his death they and not the traders would fix the date of the next election. (fn. 7)
Giving their reasons for this drastic step of dubious legality, the factors
instanced the heavy burden of maintenance and administration which they,
as the remnant of the brotherhood, had borne since 1585. Their real reason
however was concealed, and the chief mover in the affair was not mentioned
in the official document handing over the property. Between 1589 and 1592,
Father Robert Parsons had travelled the peninsula seeking support for
his plans for the reconversion of England, and he had persuaded not only
the factors but also the cardinal-archbishop of Seville and the duke of
Medina Sidonia to agree to his scheme, whereby a new religious house would
be established at San Lucar, already possessing considerable endowments
and conveniently sited on a major sea-route. By the transfer, the brotherhood would be absorbed into the network of seminaries already established
at Valladolid, Lisbon, Madrid and Seville. (fn. 8)
It was entirely predictable that these new arrangements would be furiously disputed by the absent protestant merchants, even before the advent
of peace enabled them to return to Andalusia. Not only was the intention
of the original founders of the brotherhood overriden and ignored; the
new seminary outraged them by its very existence and by its power to levy
taxes on trade at San Lucar for its support. In 1600 and again in 1603, the
London merchants summoned before the council to give commercial information insisted on the return of their property and the restoration of the
brotherhood to its original function. Without control over both it and the
consulate, the position of the revived Spanish Company would be seriously
undermined in the major Iberian market for English goods. (fn. 9)
As events turned out, parliament met before the diplomatic negotiations
had even begun, and thus the first problem to be faced by the new Spanish
Company was not the question of the brotherhood but the attack on commercial monopolies made by the commons. The debate on free trade proved
to be the stormiest issue of the session, but by the time the two bills abolishing all trading companies were presented to the House in April, the charter
of the company had already been confirmed by the lord chancellor. (fn. 10) The
protagonists of free trade came mostly from the outports, whose representatives in the commons outnumbered those of London. In addition the M.P.s
for the clothing towns could be relied on for support since their constituents
had long suspected the Londoners of monopolising the profits of the cloth
trade, returning little to the producers themselves. (fn. 11) Within the capital, the
merchants were unable to unite in their own defence, for some of the lesser
traders resented the great concentration of wealth and power that now lay
in the hands of one small oligarchy which dominated all the major branches
of commerce. (fn. 12) The opposition was not however composed solely of outport
merchants and discontented Londoners. In these years the gentry themselves
were deeply involved in the expansion of English trade. During the war,
many of them had been active privateers; others had connived at the
illicit shipment of surplus corn overseas, and in the west country they had
been drawn into the new and thriving triangular trade whereby salted cod
from the Newfoundland banks was sold in the Mediterranean in return for
fruit and wines shipped back to England. All these motives were present
as the first parliament of the new reign assembled, although they did not
become fully apparent until the attack on the trading companies was renewed two years later. (fn. 13) Nevertheless it was already clear in 1604 that the
outports and their supporters were even less amenable to corporate control
than they had been before the war. If the peace was about to create a boom
in European trade, as many hoped, the provinces intended to participate in
it without suffering the restrictions of London-oriented company membership and regulations.
The recent re-emergence of the Spanish Company must have been known
to at least some outport M.P.s, for one of the members for Exeter was
present at a general court held on 14 May 1604. (fn. 14) It does not seem likely,
however, that the commons' attack was specifically directed against the
company, and the argument that there was no open mention of it in the
debates merely because 'it was difficult to attack a company that had been
suspended for about eighteen years' seems an odd one. (fn. 15) On the contrary,
nothing could have been easier than to oppose a fledgling corporation which
was only just beginning to re-assert itself. An assault on the revival of such
a long-defunct monopoly would have had far more chance of success than
did those mounted against much wealthier and more tenacious bodies such
as the Merchant Adventurers and the Muscovy Company. It is more probable that as yet the Spanish merchants were too obscure to attract direct
parliamentary attention.
If the commons did not hound the company, the latter for its part played
a negligible role in the free trade debates. No courts were held between
29 March and 1 May, over the early weeks of the parliamentary session,
and when the members reconvened at Pewterers' Hall they proceeded to
hold elections for the offices of president, treasurer and assistants without
any mention of the controversy raging at Westminster. The next general
court on 8 June was equally untroubled. It is quite likely that some of the
freemen had been called before Sandys' committee which was now hearing
evidence, nor can anyone present have been unaware of the issues at stake,
but again there was no reference to them in the proceedings. (fn. 16)
Meanwhile, impressed by the arguments formulated in the committee
and presented by Sandys on 21 May, the commons sent the bill up to the
lords after passing it almost unanimously. The lords called in their own
witnesses so that they could give further consideration to the matter, and
their initial hesitations were reinforced by the comments of Sir Edward
Coke, the attorney-general, who praised the intention of the bill but
criticised its drafting. (fn. 17) Before these differences between the two Houses
could be ironed out, the session was abruptly terminated by James on
7 July.
The Spanish Company had survived its first threat although the victory
was scarcely due to its members' efforts. Meanwhile a second set of problems had emerged with the beginning of negotiations for a formal peace
treaty with Spain and the Spanish Netherlands. By May 1604, Archduke
Albert had grown tired of the lethargy shown by James I and Philip III;
seizing the initiative he sent three commissioners over to England to begin
the talks without awaiting the arrival of the principal Spanish delegate,
Velasco the constable of Castile. (fn. 18) The eighteen sessions held between 20
May and 6 July were crucial for the future of the company, which in contrast
to its sluggish behaviour towards the commons made considerable efforts
to put forward its viewpoint.
Wilford was the prime mover in this matter as he had been earlier in the
re-establishment of the company itself. At the court of assistants on 24
May, he read out a series of articles which he had drawn up to offer to the
privy council, setting out the trading conditions required from Spain if a
durable peace was to be concluded. (fn. 19) They began by reviewing all the legal
instruments already granted to the company, from the privileges accorded
by the duke of Medina Sidonia in 1517 to the letters patent of Elizabeth.
Then, they requested that all previous privileges enjoyed in Spain should
be confirmed; that members should not be molested for offences committed
against the king of Spain's subjects in wartime, nor prosecuted by any
foreigner before a Spanish law-court for injuries arising over the same
period; that the house and lands of the English brotherhood at San Lucar
should be returned, and lastly, that the new taxes imposed since 1585,
particularly the famous 'thirty per cent' should be abolished. (fn. 20)
Wilford's long memory also enabled him to recall all the disadvantages
under which the English had laboured before 1585, and to ask for their
removal. In an extremely comprehensive memorandum he dealt with such
matters as the Spanish loading prohibitions and navigation laws, the trade
to Barbary, the Inquisition, and the need for consuls with wide powers; in
conclusion he envisaged an open period of six months after the outbreak
of any future hostilities, for the purposes of transferring goods and winding
up outstanding business. These articles represented the maximum claims
of the English government and the Spanish Company, and were not
intended as a realistic estimate of the gains the merchants might hope for
from the treaty. They illustrate in a striking manner the extent to which
the corporate memory of the company was vested in its elderly but still
vigorous president, who had just been confirmed in office 'by full election
of hands'. The memorandum provoked a lively discussion in court, but
in the end, 'being several times read, and the conceits and opinions of every
man heard', it was referred to a sub-committee which would present the
case to the privy council. (fn. 21)
The company did not slacken in its efforts to influence the negotiations
in every way available. At the next court, a gratuity was voted to Sir Daniel
Dun and Sir Thomas Edmondes, 'employed by the lords about the articles
of peace'. As the diplomatic sessions drew to a close in August, the company appointed a committee to attend on the privy council and on Velasco,
who had finally arrived in England from Brussels. By this time Wilford had
also drawn up a new charter, to be procured from Philip III in confirmation
of the merchants' privileges in the peninsula; it was referred to the consideration of the committee already appointed to wait on Velasco, in the
hope that his support might be forthcoming.
In mid-August 1604 the treaty of London was at last concluded. It
restored all the rights and concessions enjoyed by the English in Spain before
the war, but made no specific mention of either the brotherhood or the
consulate. (fn. 22) If this was less than the company had hoped, at least it could
look to the treaty for general support in making good its old claims. The
merchants decided to publicise the terms and at the court held on 31 August
it was decided that letters should be sent to the outports enclosing a copy
of the treaty and a translation. A further committee was nominated, this
time to consider what gifts should be bestowed on those who had laboured
for the good of the company during the discussion and drafting of the
articles of the peace. The names of the recipients are not noted but if they
included members themselves, it would seem safe to assume that Wilford
was one of them.
An issue which had already arisen even before the conclusion of the
negotiations concerned the thorny question of certified cargoes. A wide
variety of goods both English and foreign which were shipped to Spain
could easily be confused with similar products manufactured in the rebel
United Provinces and thus barred from the peninsula. To avoid clashes
with the customs-officers the treaty had stipulated that such goods should
be registered in their town of origin and sealed with the seal of their place
of shipment. The company hoped that this procedure could be simplified,
perhaps by the use of one universal seal instead of those of the various ports.
On 23 August, the court of assistants set up a committee to consider 'what
seal or certificate is required by the article to be for our goods to pass into
Spain without danger or trouble'. A fortnight later, having formulated
their plans, they wrote to Dorset the lord treasurer to enquire if a certificate
from the president or deputy, sealed with the company seal, would be an
acceptable substitute for the sealing envisaged in the articles of the peace.
Dorset referred the question to Dun and Edmondes, commending the
proposal, while in court Wilford exhibited the seal he had had made for
the purpose. Despite these efforts the traders in Spain were to experience
considerable difficulty in making the customs-officers accept these or any
other certificates as clearance for dubious goods.
The company seemed well on the way to organising itself when a new
and unexpected obstacle emerged. The attack on the charter which had
failed to materialize during the last session of parliament was suddenly
mounted from a different quarter. Like other trading bodies the company
reserved its freedom for the 'mere merchants', excluding shopkeepers and
retailers. The opening of the Spanish market had attracted a large number
of speculative traders who ventured an occasional cargo while continuing
their main line of business elsewhere. The company had already requested
the government to forbid the customers to take entries for goods exported
by such undesirables, but without much effect. (fn. 23) The retailers, shopkeepers
and some others excluded from the company now banded together to
'disable and discredit the power of the charter' on the grounds that it was
'not sufficiently authorised and warranted by law, for that their charter
granted by the late queen became void by non-user during the long time
of the continuance of the war, which doth therefore dissolve the said
corporation'. (fn. 24) The merchants, taken aback, were apparently too confused
to respond; placing the matter before the government they ceased to hold
their courts, and for four months between September 1604 and January
1605, the Spanish Company was once more in abeyance. Fortunately, the
privy council was unsympathetic towards the opposition, holding 'the
foresaid allegation of non-user in this case to be a strict interpretation,
considering that there was no default in the merchants but that the wars
were the occasion thereof.' Nevertheless, to clarify the position a distinguished committee was appointed to consider the legal problem. (fn. 25) Reassured
by this, the company resumed its assemblies on 30 January, although
the attendance was poor.
The lawyers completed their work with speed, reporting ten days later
that they had found two defects in the charter. First, the title of incorporation, 'Per Nomen Presidentis Assistentium et Societatis Mercatorum
Hispanie et Portugalie' was inadequate, since 'it should have been named
of England or some part thereof, trading into Spain and Portugal'. Secondly,
the company was obliged by the charter to hold an annual election for
president, which they had neglected to do for some eighteen years. They
also found fault with the charter of confirmation on the same grounds, for
it had been granted to the president, assistants and society at a time when
there was no legally-elected president. The committee recommended that a
revised charter should be drawn up, omitting nothing that would facilitate
a well-ordered trade. (fn. 26) On receiving this report, Salisbury immediately
ordered the attorney-general to draw up a new charter, 'whereunto hereafter no just exception need be taken', since the king was well-disposed
towards the Spanish Company. (fn. 27) At the next general court, the company
appointed a committee headed by Wilford to consider what extra legal
powers might be needed, at the same time authorising the treasurer to take
up a loan of £100 to be disbursed if necessary in procuring the charter
with all speed. A draft was read out at an assembly on 18 March, and two
days later the company sent a deputation to wait on the attorney-general
at his country home, hoping thereby to expedite matters. Finally, on 12
June, the new charter was exhibited to the members. Proudly and carefully
described as 'containing five skins of vellum', it was read out in open court
and the officers of the company sworn in afresh. (fn. 28)
The new constitution differed substantially from that of 1577. Memories
of the commons' assault were still fresh, and in the hope of avoiding future
conflicts with the outports no less than 310 merchants from fifteen manufacturing and trading centres were named as founder-members of the
company. Despite the numerical preponderance of the provinces, administrative power was to remain firmly in the capital. It was decreed that out
of the total number of sixty-one assistants at least thirty were to reside
outside London, and although technically this was a minimum number
which could be exceeded, in practice it became a maximum. The charter
appointed as assistants thirty London merchants, thirty outport merchants,
and the secretary Richard Langley, who as a Londoner himself would
inevitably vote for the London interest. (fn. 29)
Elections for the posts of president and assistants would in future be
held annually on the Monday before the feast of the Ascension or within
twenty days after it, but the company was free to call courts for business
at any time. It was granted all the usual powers of a commercial company
in fining interlopers and other delinquents, and in addition a letter from its
officers to the barons of the exchequer would cause the latter to send out
writs to the customers forbidding them to accept any goods being shipped
to Spain or Portugal by non-members. Stressing the value of ordered commerce and the danger that inexpert merchants would quickly antagonise the
king of Spain, the charter empowered the president and assistants to appoint
consuls abroad to govern all the subjects of James I, including the Scots
and Irish, who traded to the peninsula. Still with an eye to placating the
outports, the government had ensured that the rules governing membership would not become over-exclusive. In addition to the large numbers
named in the charter, anyone listed in the grant of 1577 was eligible for
the freedom as were his sons or apprentices and all those admitted after
1577.
The charter of 1605 serves to demonstrate the government's new approach
to trading companies, which distinguishes those established in the early
seventeenth century from those of Elizabeth's reign. Both the king and
Salisbury retained a belief in the value of company organisation as the best
method of advancing trade and safeguarding English interests. But the
parliamentary attack on monopolies had made them wary of lending their
support to exclusive oligarchies which could easily become bodies for the
restriction of trade rather than its advancement. The Spanish Company
was therefore to be open to all merchants with a legitimate interest in
peninsular commerce. Exactly the same outlook can be discerned in the
new charter received by the Levant Company in December 1605, which
carefully described the company not as a monopoly but an association
whose reasonable terms and conditions were intended solely for the good
of the trade itself. (fn. 30)
By June 1605 the Spanish merchants at last seemed firmly established,
and could continue their business without fear of being undermined by the
opposition. They had not been idle while waiting for their new charter,
although their courts had been less frequent than before. In March, they
had acted on Salisbury's suggestion that they should make contact with
Sir Charles Cornwallis, the newly-appointed ambassador to the court of
Philip III. This was to be the beginning of a not entirely happy association,
typified perhaps by the company's initial confusion of the ambassador with
his elder brother the recusant Sir William Cornwallis. (fn. 31) Salisbury had originally asked the company to inform Cornwallis about the merchants' former
legal position in Spain, and to notify him of any complaints sent home by the
residents there. They decided to draw up, for the ambassador's benefit, a
collection of the privileges granted to them previously, and on the initiative
of John Dorrington, one of the assistants, steps were also taken to procure
a copy of the grants made to the English by the former kings of Portugal. (fn. 32)
Cornwallis then left London as a member of the entourage accompanying the earl of Nottingham on his journey to Valladolid to ratify the treaty,
and the company heard nothing from him until 6 July. His first letters
caused so much anxiety that they were deferred for consultation until the
next general court, when a committee was appointed to consider what form
the reply should take. In the absence of any copy of the letters it is impossible
to reconstruct the incident in full, but this much seems clear. The company
received one letter from Cornwallis, together with another from Nicholas
Ouseley, who as a former servant of the late Sir James Hawes had taken
his freedom of the company on 23 August 1604. After a shady wartime
career as a naval officer, illicit trader, spy and dealer in the exchanging of
prisoners, Ouseley himself, originally a factor in Spain, had reappeared on
the scene as the ambassador's 'Secretary for Merchants' causes'. (fn. 33) The tone
of Cornwallis's own letter was apparently so unhelpful that the company
debated if it would be worth while to disregard him and visit Tassis, the
resident Spanish ambassador in London, 'to desire his favour for the
confirmation and enlarging of our ancient liberties in Spain'. However, on
13 August the company agreed to make a bargain with Ouseley. From the
terms of this letter it emerges that Cornwallis had condoned an attempt by
his secretary to procure money from the merchants. He had written to the
company in favour of Ouseley, who had then 'volunteered' his assistance in
procuring a new grant which would confirm all the old liberties at San
Lucar de Barrameda formerly enjoyed by the brotherhood. In the light of
the implicit threat by the ambassador that he would do nothing of his own
volition to help them, the merchants had little option but to accept Ouseley's
offer. They agreed to give £50 to his wife, who resided in England, in addition to a grant of 1,200 ducats to Ouseley himself, a third of which would
be paid at once and the rest after the promised confirmation of their
privileges had been obtained. (fn. 34)
By applying pressure in this way, Cornwallis had probably hoped to
pass on to the company most of the expense of retaining Ouseley in Spain
to deal with commercial cases. There was after all no reason why he should
bear all the costs of employing a secretary solely on the merchants' behalf
especially at a time when the embassy was overwhelmed by such business. (fn. 35)
Unfortunately the means employed had aroused so much distrust in London
that from then on the attitude of the company to the embassy was one of
undisguised hostility. A further clash occurred in August after the arrival of
letters concerning the arrangements made by the ambassador with regard
to Rowland Mailart, who was acting as English consul in Lisbon when
Cornwallis arrived in Spain. At Mailart's request the ambassador had
confirmed him in his post, on the understanding that he would resign should
the Spanish Company ever object to his behaviour. Instead of the thanks
he had expected for his tact, Cornwallis received a sharp rebuff. The merchants had already been pressured by others to accept strangers as their
consuls, and they were anxious to discourage any further infringements of
their powers in this sphere. They refused to accept Mailart, even though
this meant leaving the English community in Lisbon without leadership
until the company made its own elections. (fn. 36)
Goaded by Cornwallis's move, the merchants acted quickly to demonstrate their authority. A week after their rejection of Mailart, a general
court met to consider the appointment of consuls. The successful candidate
for the key post of San Lucar-Seville was Hugh Bourman, a member of
the well-known Anglo-Spanish family, (fn. 37) and it was hoped that the presence
of a reliable company official in Spain would provide more room for
manoeuvre. Late in September a court of assistants decided that Bourman
should take with him a duplicate of the charter under the great seal, together with two messages, one to Ouseley and the other to Cornwallis.
Bourman was also to ascertain whether any progress had been made in
obtaining the confirmation; if not, a letter 'signifying the company's dislike' would be delivered. Cornwallis too was entreated to procure the
confirmation with the bait that the promised gratuity would be conferred
'where his lordship shall appoint'.
When the next general court assembled, however, some progress had
been made in obtaining the support of James I. A deputation led by Wilford
had waited on the king in the country, obtaining a royal letter to Cornwallis
instructing him to press the king of Spain for 'allowance of our ancient
privileges and liberties and enlargement thereof'. Thus armed, the merchants felt able to break the terms of the bargain made with Ouseley, on the
grounds that his services had become 'needless and unnecessary'. During
this time Cornwallis had been growing increasingly irate. He complained
repeatedly that the company did not bother to inform him of important
matters; he was angered by the treatment of Mailart, which had undermined his authority in Spain, while the dismissal of Ouseley roused him to
fury. (fn. 38) In December, a letter from him was read out at a court of assistants,
'intimating that he expected better allowance to be made to Mr. Nicholas
Ouseley'. Replies were formulated by the merchants but the matter was
cut short when the charter once again came under fire in parliament. No
confirmation of the pre-war privileges was ever obtained in Spain; Ouseley
never received his money, and some three years later he and the ambassador
parted company after an acrimonious quarrel, sharpened perhaps by the
knowledge of each other's complicity in this previous episode. (fn. 39)
As soon as the company had received the new charter of 31 May, it had
begun to consider another facet of its internal government, the question of
oaths and ordinances. (fn. 40) The ones in use dated from Elizabeth's reign and
some were no longer suitable or necessary. A committee including two
outport deputies was asked in June to meet at Merchant Tailors' Hall—the
only occasion on which the company strayed from Pewterers' Hall—to
revise the oaths in accordance with the new charter, and after three meetings
the members presented a report to the general court on 12 July. The
committee recommended that most of the ordinances should continue in
their present form, although some slightly emended versions were offered
which were intensively discussed. They reveal a good deal about the internal
organisation of the company. The members usually met in a general court,
at which at least thirteen assistants had to be present to form a quorum.
Courts of assistants, excluding the generality, were less common but fairly
frequent; meetings held in the form of a general court but without the
requisite thirteen assistants were known as assemblies, as were the gatherings during the periods in which the legal status of the company was uncertain. All these meetings were held in the presence of Wilford himself or
of John Newton, who had been elected deputy in July 1605, perhaps in
view of Wilford's advancing age.
Although courts were held regularly the merchants did not assemble
at the same place and time every week. In consequence, some traders
capable of the freedom complained to the privy council that they were
unable to join the company since they did not know where to seek it out.
It was decided to remedy this by holding a general court every Wednesday
morning, from seven to eleven in summer and from eight to eleven in
winter. Members who gathered at these bleak hours must have been glad
that they had previously increased the comforts of Pewterers' Hall by buying for their own use a carpet and a dozen cushions. (fn. 41)
Every effort was made to ensure that courts were smooth and well
ordered. Bad or offensive language was fined, as were talking after the
president had commanded silence or interrupting another speaker. If a
matter was debated which concerned an individual member, he, his relatives
and partners left the court, but other members who did this without cause
were fined for disrespect. Moreover, as company business was considered
confidential, members who revealed any aspect of it outside court could
lose their freedom. The seating of members was arranged in a careful
hierarchy, with fines for presuming to sit in a more exalted position. General
courts were publicised by the beadle, who contacted freemen and kept a note
of absentees. The functions of other officials such as the president, the
treasurer and the secretary were all carefully defined, and appropriate oaths
were set out for them in the new ordinances.
Besides ordering the conduct of company administration, the acts and
ordinances dealt with numerous miscellaneous problems. Clauses of the
charter were expanded to allow greater precision, as in the act on retailing;
the status and behaviour of non-members such as the factors and apprentices
in Spain were closely regulated in the best interests of the company. Members were forbidden to enter into partnerships with those who were not
free, and were ordered to notify the secretary if they had already linked
themselves to outsiders in this way.
Both the acts and ordinances and the court book devote much space to
the admission of freemen. During the short period of its existence the
Spanish Company spent more time on this aspect of its business than on
any other. Admissions, which took place at the beginning of each session
after the reading of the minutes, were divided into the four main categories
of patrimony, service, redemption, and 'ancient trade' for those who had
participated in peninsular commerce before the incorporation. Applications
were made in advance to the secretary, and at first were scrutinised by a
special committee.
Some pleas for the freedom were of a more complex nature. Exchange
memberships were on occasion arranged with the Merchant Adventurers
and the Eastland Company. As members of other trading companies were
admitted on slightly different terms, the Spanish Company was careful to
check the aspirants' claims. In September 1605, a point was raised about
the ambiguous position of the East India Company, which had wound up
its joint stock after the first voyage and whose ships had not yet returned
from the second. It was decided that in effect 'the said East India Company
is dissolved and not to be any longer accounted a company'; former
members must therefore be admitted under the oath for those without any
other affiliation. (fn. 42)
Some petitioners offered their services in exchange for their freedom,
rather than pay redemptioners' fees. Among the successful ones were John
Sozar, who promised to translate any Spanish documents coming into the
hands of the company, and Richard Candler, mercer, 'being the clerk for
policies of assurance'. Candler's former master had served Sir Thomas
Gresham, an honorary member of the pre-war company. In addition he
offered the use of a room in his house at the Royal Exchange, in which the
assistants could 'meet together at any convenient times upon any sudden
business for the company'. He received his freedom gratis but it was limited
to Candler alone, any future claims by his sons or servants being explicitly
disallowed. (fn. 43)
There were also those who attempted to avoid paying fees by applying
pressure from eminent patrons. This placed the company in difficulties
since a refusal might entail the loss of support from powerful persons such
as Dorset or Salisbury. Sir Thomas Flemying, chief baron of the exchequer,
was particularly importunate. In June 1605 he wrote to ask that the freedom
should be conferred without charge on several traders in Southampton,
some of whom were also retailers and some officers of the customs. The
company sent a deputation to inform Flemying 'how dangerous a precedent
it were and how inconvenient for the company to yield to his lordship's
request' but in October he renewed his efforts. This time John Long of
Southampton was admitted at his behest, without paying the entrance fee
of £10. (fn. 44) These aspects of the Jacobean system of patronage were a financial
drawback and an interference in the internal regulations of the company.
Despite the attacks that had been made on the company during the early
stages of its revival, there was no shortage of applicants for the freedom.
Between March 1604 and January 1606, no less than 149 new members
were admitted in addition to those named in the charter. Once more, however, the problem of 1604 was all too apparent, for only twenty-six of the
newcomers were outport men. Support for the company was still essentially
metropolitan, and the disastrous results of this imbalance soon became clear.
It has already been noted that although the outport merchants were
amply represented in the charter the Londoners retained their constitutional control. As before, each of the privileged ports headed a section of
the coastline, with the deputy and assistants handling all company business
in the area. But from the beginning, the outports showed little interest in
the attempt to re-establish the company. The letters sent out in March 1604
notifying them of its revival elicited only three replies, from Bristol, Exeter
and Chester. Similarly, at the elections on 14 May 1604 assistants were
chosen for Bristol, Exeter, Plymouth and Chester, but none of those elected
were present in court. When during the following year the elections came
round again, the same procedure was followed; assistants were nominated
for twelve of the outports, then letters were sent out informing them of
their election. (fn. 45) These arbitrary dealings did not please the merchants concerned, several of whom wrote back to indicate their unwillingness to fulfil
the duties of their office. The company nevertheless proceeded to set up a
committee of Londoners to consider what powers the deputies should have
for the administration of their districts. Their report was read, considered
and approved at a general court in August, where it was agreed that it
should be entered as an act of the company and copies distributed to the
outports. By this time, however, it was clear that some more positive action
would have to be taken to encourage the outports to participate. One or
two deputies had by now attended an occasional session of the court, but
the majority had still made no reply to the earlier letters. Accordingly it was
decided that John Newton, the deputy president, and Arthur Jaxon, one
of the assistants, should ride round all the ports for which deputies had been
elected, 'for the swearing of the several deputies and to settle government
and give direction in every of the said places'. (fn. 46) Before Newton and Jaxon
could begin their journey, the problem of the outports suddenly took on a
much more ominous complexion.
The general court of 21 August was attended by no less than four outport deputies. Three of these—Richard Dochester of Exeter, James Bagg
of Plymouth, and Nicholas Downe of Barnstaple—had come up to London
to take their oaths of office. (fn. 47) In addition, they presented a strongly-worded
petition, which after its initial hearing was referred to the committee formerly appointed to consider the deputies' powers, now revived and enlarged.
On the afternoon of the same day, after the general court had ended, the
committee convened to consider the petition. The demands of the western
deputies, as they were later known, aimed to break the dominance of
London. They began modestly enough by asking that Exeter and Plymouth
might have as many assistants as they had had before—sixteen and twelve
respectively—while those representing Barnstaple should be increased from
six to eight. In addition they wanted a copy of the new charter to be kept
at Exeter. They went on, however, to request that the outport courts over
which the deputies presided might have power to pass regulations binding
on the company, and that they should not be forced to come up to London
either to be sworn in or to take their freedom, since it was 'so great a journey
and needless charge'. Moreover all the fines collected should remain within
the division instead of being handed over to the treasurer in London. Last
and most explosive, they demanded that the regulations passed in London
should not bind them, 'unless they may stand with the good of our country
and the consent of our several courts there'.
The committee made no significant concessions. They agreed to increase
the number of assistants and to send a copy of the new charter down to
Exeter. In addition apprentices could from henceforth be indentured or
granted their freedom by their local deputy, and the outports were to be
allowed to make regulations for their own trade, provided they obtained
prior consent from London. In all other matters, however, the old customs
were to prevail. Deputies, assistants and redemptioners must continue to
journey up to London, all cash collected was to be handed over to the
London treasurer, and the acts made in the general court would be as
binding as before.
The whole episode boded ill for the expedition of Newton and Jaxon
which was about to begin. Their draft commission was ratified at the end
of August and by mid-September they had left London for Bristol. The
merchant community there had so far offered no opposition to the company;
their members were well represented in the charter and their deputy, the
well-known local philanthropist John Whitson, had been present at three
courts. (fn. 48) Once in Bristol, however, it was revealed that this quiescence did
not mean compliance. The merchants would have nothing to do with the
company if membership entailed any limitations on their own freedom. The
two envoys were compelled to report that 'the merchants of Bristol pretend
to stand and govern themselves and refuse to submit to the orders and
government of the society'. By 12 October, the two Londoners had returned,
having achieved nothing apart from demonstrating the powerlessness of
the company in the outports. Some business relating to the west country
still came up before the court but the problem as a whole was shelved. There
was nothing more to be done, and in December 1605 the Bristol merchants
quietly seceded from the Spanish Company before embarking on their own
programme of internal reform and corporate organisation. (fn. 49) With Bristol
gone, the company could never have established any real degree of control
over the outports, even if it had been able to assert itself more effectively
in the ourports, even if it had been able to assert itself more effectively
in the rest of them. The failure of Newton and Jaxon's mission was probably
the most significant defeat suffered by the Spanish merchants, for it foretold all too clearly that revival of outport opposition which was ultimately
to prove fatal to the company as a corporate body.
Before the extent of the collapse of its authority in the outports was
fully known, the company embarked on its last and most ambitious venture,
the establishment of a wide network of consuls around the coast of the
Iberian peninsula. On Friday 6 September 1605 a general court was called
specifically to elect suitable persons for the office. After some discussion it
was agreed to set up nine consulships, one each for Biscay, Bayona in
Galicia, Lisbon, San Lucar and Seville, Malaga, Valencia, the Canaries,
the Azores, and 'Matheres', which may be Madeira. Most of these places
had never had consuls before, and in the event the company was unable to
fill more than the first five, deciding that for Valencia and the rest they would
'take further time to make enquiry and to inform themselves of fit and
worthy men'. In the ensuing election, three names were proposed for each
post and the successful candidate chosen by show of hands. James Wych,
son of one of the assistants, was appointed for Biscay where he was already
resident, Francis Lambert for Bayona, and Hugh Lea, defeated in the
Bayona election, for Lisbon. Of the more important southern consulships,
Hugh Bourman was chosen for the joint post of Seville-San Lucar and
Humphrey Wootton for the expanding port of Malaga. The company at
the same general court also set up a committee headed by the president, to
meet four days later in order to confer with as many of the consuls 'as are
now remaining about London' on the subject of emoluments.
Reporting back to the next general court on 13 September, the committee,
which had taken two days to come to an agreement among its members,
recommended a generous system of payment consisting of a declining scale
of annual fees, related to the importance of the port served. Seville-San
Lucar was rated at £200 a year, Lisbon at £150, whilst the rest were only
to receive £40. In addition there was to be a levy of one or two ducats on
each ship unloading within the consul's coastal division. Moreover, impositions were also to be collected in England, where the committee had
decided on a rate of 3s. 4d. for every unit of cargo worth £100. After the
reading of this comprehensive report the court found itself deeply divided.
Some thought the scale of payment would prove an excessive burden on
the finances of the company; others, less realistic, wished that the consuls'
allowances might be 'as great in substance', but at the same time strongly
opposed the proposal 'that the same should be made by such certain yearly
fee from the body of the company'. The dispute raged for four more general
courts, with 'much time spent and little concluded', until finally although
no agreement had been reached it was decided to send Bourman to Seville
with £50 as the first instalment of his annual fee. Swallowing its pride, the
company also asked Cornwallis to obtain some confirmation of the consul's
position. (fn. 50)
The unsettled dispute over emoluments did not prevent the company
from pressing on with its scheme for the consulates. On 8 November the
consuls' commissions were read out, together with an explanation of their
precise territorial limits, and on 2 January 1606 an advance of £50 was also
agreed for Hugh Lea the consul of Lisbon. By now however the very existence of the company was in doubt, and with its abolition the grandiose
plan to re-establish the consular system came to an abrupt end, leaving
those consuls who were already in Spain in a position of some difficulty.
In vain they and Cornwallis struggled to establish their authority in the
eyes of the Spanish court; without official backing from England it proved
impossible to win acceptance from either the English residents in Spain
or the native Spaniards. (fn. 51)
The renewed assault that took place in November 1605 came once more
from parliament. The protagonists of free trade in 1604 had been robbed of
success by the sudden ending of the session, but they were still determined
to see the matter through. As soon as the lower house began its sittings on
5 November 1605, Sir George Somers the M.P. for Lyme Regis raised the
issue. This time the Spanish Company was a more obvious target, for it
was better known and had received its last charter at a time when the
commons were unable to scrutinise it, a circumstance which they found
highly suspicious. A committee was at once chosen to consider 'the inconveniences or mischiefs in trade and traffic growing by reason of the late
patent of incorporation'. (fn. 52)
The members of the company, then in the midst of electing their consuls,
were alarmed to hear that the committee was sitting in the hall of the
Middle Temple with the explicit intention of drawing up a bill against their
charter. Wilford, Newton and Langley went together to enquire 'in what
points they did except against our charter', and received an uncompromising
answer. The committee asked first if the company would allow complete
free trade in fish, in order that 'all manner of persons that shall adventure
to the sea to take fish, may carry their fish freely for those countries and
there sell it at their will and pleasure'. Secondly they wished to know if the
company would allow all gentlemen, yeomen, farmers 'and all others of
what quality soever to carry corn into Spain and Portugal and to make
their return in merchandise from thence at their will and pleasure'. Wilford
at once called a general court to discuss these demands, but it was clear
that to concede them would be tantamount to abandoning the charter.
They decided not to give any consent to the committee's proposals, preferring instead to risk the decision of parliament on the validity of their
incorporation.
The questions posed by the M.P.s reveal the roots of the renewed agitation. The triangular trade in Newfoundland fish was going from strength
to strength, and the fishermen of towns such as Dartmouth had no desire
to curb their booming commerce by submitting it to the regulations of the
Spanish Company. (fn. 53) The M.P.s for the west country, in arguing for a free
trade in fish, could point not only to their constituents' interests but also
to the safety of the realm, for the Newfoundland trade was a powerful
impetus to shipbuilding and to the training of seamen. (fn. 54) Furthermore, the
areas in which the fishermen traded were the best market in Europe for
corn, which despite numerous prohibitions was exported from the outports
to the great profit of the farming gentry; the M.P.s were thus defending
their own private commercial interests.
As November wore on, it became increasingly clear that there was little
hope of saving the charter. The Spanish Company had had the misfortune
to interpose its insecure monopoly in the path of two new and powerful
economic interests which were now uniting against it in a parliament already
hostile to all trading companies. In Somers himself, many of the strands of
opposition were made visible; as a west-country gentleman sitting for an
outport constituency, promoter of the Virginia Company and future rediscoverer of the Bermudas, the company must have been anathema to him
on every count.
Although the instability of their position was apparent, the merchants
continued their sessions, discussing the consulships and reviving the old
dispute with the royal household over composition for wines and spices.
They also drew up an account of the wrongs suffered by English merchants
and factors in Spain, which was presented to the privy council in the form
of a petition for redress. (fn. 55) Lastly they tried to gather support by a little
judicious bribery. On 2 January 1606 the treasurer was authorised to purchase a piece of plate worth £30, to be presented as a new year gift to 'such
a person as the company have in private acquainted Mr. President, Mr.
Treasurer and Mr. Secretary they mean to confer and bestow the same
upon'. The attempt to disguise the identity of the recipient rouses the
suspicion that it was intended for James I himself. If the plate was ever
presented it had no effect, for the court of assistants which discussed the
gift was the last meeting which the company was to hold.
The bill for free trade into Spain, Portugal and France went through the
lower house with little opposition and was specially commended by the
commons to the lords. As in 1604, the lords showed less enthusiasm for
the project than the commons had done. They summoned more merchants
as witnesses and in April the committees reported that the draft was 'so
general and imperfect' that a conference would be necessary. Some points
such as the fishing trade were still causing difficulty. However, the amendments were read and the commons signified to the upper chamber that the
bill had been received 'with great applause'. (fn. 56) It passed into law at the end
of the session and although subsequently legislation was carried to safeguard the local monopoly of the Merchant Adventurers of Exeter, (fn. 57) the
Spanish Company was henceforth abolished.
Several factors had contributed to its downfall. Pre-eminent among them
was the hostility of the outports as expressed by M.P.s such as Somers. He
and his fellows cared little for free trade as a theory; their real concern was
with the prosperity of their local ports which faced increasing difficulties as
the wealth and power of the London mercantile oligarchy increased. When
a monopoly actively favoured the outport interest, the opposition of the
commons faded away, as in 1607 with the act safeguarding the Exeter
Merchant Adventurers; and in areas in which the outports could not in
any case compete, such as the East India trade, the dominance of London
was ignored. Outport merchants with their modest resources could participate only in those trades which posed no problems of distance and required
relatively little capital, and of these the commerce with France, Spain and
Portugal was at once the most lucrative and long-established. When
London attempted to organise such a trade in its own interests, conflict
was inevitable.
It would be inaccurate to assume that the outport merchants were
unanimous in opposing the charter. Some were willing to seek the freedom
of the company in order to continue their trade without infringing the
monopoly. (fn. 58) Yet even those who were prepared to accept such regulation
often found themselves genuinely unable to abide by the terms of their
admission as mere merchants, for the amount of trade they undertook was
not sufficient to support them. In the outports, very many merchants were
also shopkeepers and retailers, and the exclusiveness of Londoners who
had no need to supplement their income by such undertakings found little
response in the provinces. Lastly, the natural inclination of the gentry
M.P.s to fight against the dominance of London and defend their constituents' welfare was sharpened by their own private interests in the corn
and fishing trades.
The outport attack was formidable, but its success might have been less
overwhelming had the company been able to muster strong support within
commercial circles. Despite the large number of its freemen, it was unable
to do so. When suing for the new charter in March 1605 Wilford had found
that the idea of re-incorporation did not appeal even to those who had been
members of the pre-war company. 'I find not our people', he reported to
Salisbury, 'much affected to pray any new charter, in respect they must
give way to all that will adventure, alleging that they shall be at charges,
and cannot tell how to raise the same, and shall be brought in question
every parliament'. (fn. 59) These dissensions, notorious among the London merchants, were even discussed by the residents in Spain who watched anxiously
to see what would befall. (fn. 60) Even as the new charter was being drawn up, a
war of petitions continued to rage between the protagonists and the opponents of incorporation, each citing the hackneyed arguments always used to
defend or attack trading monopolies. On the one hand it was claimed that
a company would keep up the prices of English goods, promote order in
the trade, and enable the merchants to defend themselves more effectively.
The opposition insisted that on the contrary, monopolies led to a decline
in trade and hence in customs revenue, enriched the few at the expense of
many and conferred no benefits despite all the rules and regulations. (fn. 61)
The lack of widespread support also manifested itself in the low rate of
attendance at company courts. Several could not be held for lack of a
quorum of assistants; on two occasions, persistent non-attenders were discharged and replaced, but the complaints continued. Few of the leading
merchants named in the charter as freemen played any part in administering
the company, and too much work devolved on a small number of relatively
undistinguished people, especially Wilford and Newton. Wilford, who died
the year after the company was dissolved, (fn. 62) must have been an elderly man
by 1607 although he was amazingly energetic in his attempts to restore the
company to a stable position. Problems such as these were not of course
unique to the Spanish merchants, for other, more durable bodies also
suffered from them; (fn. 63) but in a struggling company under constant attack
they assumed more serious proportions.
In comparing the Spanish Company with its contemporaries several
other weaknesses become apparent. With its sixty-one assistants, or even
the thirty-one Londoners, the governing body was significantly larger and
less easily organised than were those of the Merchant Adventurers, Levant
or Eastland Companies. (fn. 64) Its finances were unsound, and at the last of its
courts the treasurer had to inform the assembly that the company was in
debt and would need to resort to loans. This situation was largely due to the
substantial fees voted to officers in September 1605 at a time when income
was derived almost entirely from entry fines; in contrast, the Levant Company with its much greater resources made no regular payments for over a
decade after the grant of its new charter in December 1605. (fn. 65)
Even more important than administrative matters such as these was the
fact that the company had very little essential business to transact. Unlike
the Merchant Adventurers, who defended their monopoly by stressing the
need for skilled manipulation of their market, the Spanish Company did
not stint its members or lay down the prices of commodities. Unlike the
Levant and Eastland Companies, it did not regulate shipping, draw up
charter-parties or deal with paperwork such as toll-bills. Perhaps most
damaging of all, it had little to offer. As long as the brotherhood of St.
George at San Lucar had functioned, together with its appended consular
system, the London company had been able to provide some measure of
protection in Spain. By 1604 the brotherhood had been taken over by the
English priests, an event which the company was unable to undo, and it
failed to turn its attention to the question of consuls until the autumn of
1605. During the course of its short existence it was apparent that its freemen received very little in return for their membership fees, although the
rules of the company such as that prohibiting partnerships with nonmembers could seriously inconvenience their trade. Sir John Popham the
lord chief justice had commented that whatever reasons merchants might
give for incorporation, 'they ever have it in their private ends'. To many
London merchants it seemed as if those private ends were little served by a
Spanish company. (fn. 66)
One last question remains to be answered. All successful trading companies, whether regulated or joint-stock, were dependent on a nucleus of
members whose interests were vitally identified with the continuing existence of the company, whatever other branches of trade they might pursue.
It is not clear if the Spanish Company possessed such a nucleus; on the
contrary it seems likely that many of its most influential freemen were
principally interested in other areas of commerce. These included the
Levant, Muscovy, the Eastland and the Low Countries. The connection
with the Levant and Adriatic trades is both the most natural and most
easily traceable of these links. It was to be expected that many Spanish
merchants, following the example of Richard Staper, would enter the expanding Mediterranean trade. They soon found that its central feature, the
purchase of currants from Zante, was dependent on trade with Spain for
it was largely financed by the dollars and pieces of eight picked up en route
at ports such as Lisbon, Cadiz, Malaga and Alicante. (fn. 67) A third of the charter
members of the revived Levant Company of 1605 were also members of
the Spanish Company, (fn. 68) and the proportion would probably have been
higher had not the latter been abolished soon after the incorporation of the
former.
The absence of other contemporary charters or complete lists of freemen
makes it more difficult to assess with precision the contacts that existed
with other areas. Nevertheless the evidence, although fragmentary, is highly
suggestive. The re-export trade to Spain was flourishing in the first half
of the seventeenth century, and before the conclusion of the peace in 1604
Wilford had listed the goods brought into London, 'returned in exchange
of English cloth from Russia, Eastland, Stade, Hamburg and other parts of
Germany as also out of France, most vendible in Spain and needful for the
West Indies'. (fn. 69) They included wax, tallow, hemp, cordage, copper, flax,
linen cloth and canvas 'of all sorts and in great quantity', German ironmongery, haberdashery and battery. When trade resumed in the last quarter
of 1604 such goods formed over half of the total non-broadcloth export to
Spain. (fn. 70)
Several Merchant Adventurers and Eastland men took their freedom of
Spain and Portugal, and of the fifteen Eastland merchants trading to other
areas in 1606 nine, including Sir Stephen Soame and the former assistants
John Highlord and Arthur Jaxon, had been members of the Spanish Company. (fn. 71) The direct export trade, which left no records, may well have been
even greater in its extent and involved more freemen. Wilford in 1605
expressed his dislike of this direct trade conducted by Merchant Adventurers, Eastland and Muscovy merchants, for it undercut the business of
those who had formerly bought these commodities after their import into
England, then re-shipped them for Spain and Portugal. He admitted with
regret that some freemen had 'coloured' such goods, acting as agents for
others. (fn. 72) These agents cannot be identified, but others took no trouble to
conceal themselves and their trade. The powerful Wych family was deeply
involved; Richard Wych the elder, an assistant of the company, shipped
Muscovy and Eastland goods direct to San Sebastian and Pasages where
they were received by his son James, elected as company consul for the
area. The ships anchored in the Downs to take on letters but their cargoes
were never customed in England. (fn. 73) All in all, there is every indication that
many influential Spanish merchants were not solely committed to peninsular trade and could not be expected to give the company their fullest
support. Many of them may secretly have welcomed its abolition, which
freed their already complex commerce from at least one set of regulations.
Despite the widespread lack of enthusiasm which had contributed towards the demise of the company, a measure of support for incorporation
continued to exist after 1606. Cornwallis, putting aside his irritation with
the merchants, argued repeatedly that only the existence of a regulated
company could prevent the constant confusions and inconveniences that
arose in the early stages of re-establishing English trade in Spain. (fn. 74) His
own attempts to build up a consular system in the peninsula convinced
him that the task was impossible without organised backing in London.
Such views were not confined to the ambassador. In 1617 and 1619, the
Londoners complained of the 'abuses and notorious disorders' which
hindered their commerce. Yelverton the attorney-general recommended
that they alone should be incorporated, excluding the outport merchants
who would be left free to carry on their business as before. (fn. 75) The privy
council nevertheless felt obliged to notify the west-country towns of this
proposal, whereupon a storm of protest arose; they considered that such
an incorporation would be 'full of inconveniences and very prejudicial'
although they did not trouble to spell out the problems involved. The
dispute was referred to a committee consisting of Lake, Greville and Coke,
who reported that they disagreed with Yelverton, preferring to let the act
of 1606 stand unchanged. (fn. 76)
The London merchants, disregarding the rebuff, tried again in April
1619. On this occasion the councillors asked them to propose a solution
to their own problems, whereupon six merchants of whom at least three
had been active in the old company formed a deliberative committee. (fn. 77) Not
unexpectedly they recommended that no better course of redress could be
found than to revive the Spanish charter. The inconveniences of monopoly
which had been stressed in 1606 were overshadowed by those which subsequently arose from the abolition of the company; 'the trade and the dependencies thereof', they argued, 'were then in happy condition in comparison
of the later and present miserable estate of the same'. Incorporation would
enable them to exclude the 'tobacco sellers, grocers, vintners, dyers and
other engrossers of double trade that eat out the mere and orderly merchants'. (fn. 78) Again, the attempt failed; but the incident indicates that there were
still some merchants anxious for the return of regulated trade, even though
Wilford, largely responsible for the revival of 1604, was long since dead.
The chequered history of the Spanish Company is in many ways a commentary more on the fluctuations of economic opinion in the sixteenth
and seventeenth centuries than on the fortunes of the trade itself. Originally
the members of the Andalusia Company had banded together in selfdefence when conditions in Spain grew difficult, only to fall apart quickly
through lack of harmony. There was always a need for some form of united
action by the English residents in the peninsula to ward off the varied
harassments which threatened their position; if the central organisation of
the Spanish merchants had been situated abroad, as was that of the Merchant Adventurers, much of the later friction might have been avoided. But
there was little real desire for a London-based company and no useful
role for it to fill. In the heyday of regulated companies under Elizabeth
this anomaly was easily concealed, for it seemed natural that all the major
trade-routes should be subject to some form of incorporation. When at the
end of the century opinion turned against monopolies of every sort, the
lack of support in London, the opposition of the outports, and the numerous inconveniences involved inevitably became more and more apparent.
From then on, the days of the Spanish Company were numbered.