Not to Subsedy or Custome .

1. FIrst , There was no Custom due upon Woolls by the common Law , but 3. Ed. 1. the commons granted to the King 6 s . 8 d . per Sack of Wool and this was not imposed generally upon all Wools , but only upon such as were Transported , and that doth appear by a Patent of the same King where it is called Novum Consuetudinem ( and so not by the common Law ) & de laius Regnum exeuntibus , Rotl . pat . 3. Ed. 1. N. 1. Co. Instit . part 2. fol. 59.531 . part 4. fol. 29. Dyer fol. 165. Sir . John Davyes reports fol. 9.

And the Reasons why it was granted upon Exportation was .

1. Because Woolls or other Commodities could not be caried out of the Kingdom without the Kings Conge or Licence .

2. Because of the wastage and protection the King gave to the Marchants , and Woolls upon the Seas against Pirates and the Enemies of the Realme , but if those Woolls were caried by Sea from port to port within the Kingdom or by Land , from one place to another , or were draped into cloth or wrought into manufacture in the Nation there was no Custome or Subsedy due by Law Co. Instit . 2. part fol. 60.

And the same King Ed. 1. afterwards imposing 2 l. upon a Sack of Wooll , complaint being thereof made in Parliament . 25. Ed. 1. he releassed the same new Imposition , saving to himself the Custome of Wools granted by the Commons vide confirmation Cartarum de Liberta Angle 25. Ed. 1. ca. 7 , by all which it appear there was no other Custome due but what was granted by Parliament .

2. Secondly , Ed. 3.4 . Regni sui at his own charge brought out of Gant in Flanders many Cloath-workers , and maintained them at his own charge out of the Exchequer by whom the working of cloath in this Kingdom was set up , and in the 11. Ed. 3. and by several other Acts of Parliament the Exportation of Wooll was prohibited , and by some of them made Felony , and so the Custome of 6 s . 8 d . per Sack for Exportation ceased .

And 25. Ed. 3. ca. 1. when the trade of making of Cloth grew great and the same Cloaths were defective and deceiptfully wrought contrary to the Rates set by Parliament , for the prevention of those evils the Aulnager was appointed .

And Wools being prohibited to be exported and the 6 s . 8 d . per Sack ceased 27. Ed. 3. ca. 4. the Parliament granted to the King a subsedy of such particular Cloathes only of such an assize as in the same Act is mentioned , which is to be solde , over the Customes thereof due that is such as then indured for a time , and were granted by Parliament Co. Instit . 2 part fol. 60.

3. Thirdly , The several Statutes which injoyn the Duty of Subsedy and Aulnage six them alwaies upon Cloaths as 17. R. 2. ca. 2. which saith , Every man might make and put to sale Cloaths as wel Kersies as others of such length and breadth as him please , paying Aulnage , Subsedy , and other Duties , where the word Other must be meant only of Cloaths , and cannot be extended to Norwich Stuffs , which differ in kind from Cloth .

Neither can the Statutes of 7 H , 4. cap . 10. or of 11 H. 4. cap . 6. be construed to extend to Norwich Stuffs , but only to Cloth , and the rather because in the Statute 11 H. 6. cap . 1. where the two former Statutes are resited and mentioning that divers differences had arisen , how farr the word Cloth did extend , it was there declared , that the word Cloth in the said Statutes rehearsed , should be understood of Broad cloaths , and Broad Dozens , and not of other cloaths and pieces of cloaths called Streats .

If it be Objected that the Statute of the 17. R. 2. cap . 3. saith , That single Worstead shall pay Customes and Subsedies .

That Statute doth only extend to single Worsteads , and not to double Worsteads and other Stuffs .

That Duty was to be paid for single Worsteads transported , and not otherwise .

By the Statute 14. H. 4. cap . 47. the Artificers and Merchants of Worsteads may sell their single Worsteads to any place or Persons being of the Kings Amiry , notwithstanding any inhibition to the contrary , Co. Instit . part 4. fol. 257. which must be understood , free from paying Subsedies and Customs otherwise this Statute was in vain , and granted no more than that of 17 R. 2.

By the Statute of 7. E. 4. cap . 1. the Worstead-weavers in Norwich and Norfolk were incorporated and put under a Regulation for making of Stuffs and no mention made either in that Statute or of that of 14 H. 4. of any Custom or Subsedy to be paid for the same , neither did they ever pay any such Custom or Subsedy , nor is there any Decree in the Excrequer against them for the same ; Neither are they within the equity of the Statute of 27. E. 3. to pay proportionable Subsedies , they being cleerly out of that Statute , and not within any other , And therefore hope by a new Law they shall not be made liable to any now , considering the Woolls they are made of , are not fit or useful for Cloth .

Not to Aulnage .

1. First , Because they are not mentioned by any Statute whatsoever to be under the Aulnager , and it plainly appears that the appointing of that Officer was only for measuring and searching of Cloth , whether they held the assize set by Statute .

2. Secondly , In 22. E. 3. there was granted by the King to Robert Pooly the Office of measuring of Worsteads of Norwich which is there called , a new Office , with a Fee , and at the Petition of the Commons it was resolved in Parliament to be void and accordingly was made void and nul , Co. Instit . part 2. fol. 534.

3. Thirdly , By the said Statute of 7. E. 4. cap . 1. the Weavers of Norwich and Norfolk are incorporated and have eight Wardens who have power to Search , Measure , and Seal all sorts of Norwich Stuffs , and seiz such as are defective , and no mention of the Aulnager to have any thing to do with Stuffs , which have been under Regulation 194 yeers and never any question concerning the Aulnage upon them til 2 Ja.

4. Fourthly in 2. Ja. it was certified by all the Judges of England in these Words , that the Aulnage of Norwick Stuffs was not grantable , nor fit to be granted , neither was there ever any Aulnage of Norwich Stuffs Co. Instit . part 2. Fol. 62. And therefore they hope that after such a Grant of Aulnage upon Norwich Stuffs made nul by Parliament , and such Certificate made by all the Judges , that it is not grantable , nor sit to be granted : this Parliament will not make them liable thereunto .

And that for these Reasons .

1. First , Because by the said Statute 7. Ed. 4. and other Statutes since , the very Essential Work of the Aulnager which is to search Measure , and seal such Wares as are good , and seize such as are bad , is put into the hands of the Wardens , and others of the Trade , by whom it hath been governed near 200 years . And if they should be liable to the Aulnager now , then shall they be under a double Power , the Wardens and Assistants of the Trade , who know the Laws and Rules , and when a piece is defective , and when not . And the Aulnager who know neither , who for the most part are mean inconsiderable Persons , not able to answer for their Miscarriages , and left to that Latitude by this Bill , as that they can take from the People what they please , and no Provision made for punishing their Abuses .

2. It will be very prejudicial to the Stuffs , after they have passed the Wardens Seal , and be folded , and made up for Sale , then to be cut open , measured , and ruffelled by the Aulnager , beside the trouble and loss of time in making them up again , and attending first upon one , and then upon the other , which oftentimes will loose the poor mans Market , who hath not Mony to buy Yarn to clad his Lomb for another piece , till he be pay'd for that he hath taken off .

3. It will destroy Invention for he that by his Study and Industry , doth contrive a new sort of Stuff , the Aulnager will seize the first piece if it pass not under his Seal , and so discovered , and others take the Benefit of the Inventers pains , and he thereby discouraged , which will be very prejudicial to the Trade .

4. If he that make false Wares , get the Aulnagers Seal to it , and can escape but the Wardens Seizure , then it shal go forth for good Stuffs , and cozen the people who know not the Wardens seale from the Aulnagers and bring a Disparagement upon the Commodity .

5. At the best it will only become a Burden and Charge to the people without any Commodity , neither can he any waies benefis the Publick , because there are above 60 several sorts of Stuffs under various and several Rules and Orders , and almost daily new sorts invented , which none have Skill of , but the Makers and Dealers in them , and they being of several Lengths , Breadths , and Weights ; how can the Rates be set on every size ?

6. By these and other Evils which will come thereby , it will indanger the Destroying of the Worsted Trade , which imploye many hundreds of thousands on Work , make great variety of serviceable Stuffs inrich the Kingdom , work up those Woolls which are not fit for Cloath , paye a great Proportion in his Majesties Customs for Exportation , and will hinder his Majesties Revenue ten times more then can be raised by the Aulnage .