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A60593 The golden fleece. VVherein is related the riches of English wools in its manufactures Together with the true uses, and the abuses of the aulnageors, measurers, and searchers offices. By W. S. Gent. Smith, W., gent., attributed name. 1657 (1657) Wing S4255CA; ESTC R221504 43,793 137

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Travellers eye seemes to produce nothing towards so vast a maintenance of the body of that People yet are they in all parts of the world a warlike and honoured nation helpfull to all Princes in their Warres and readily upon occasion returning to the assistance of their brethren be their cause good or bad The Dutch are a numerous Nation daily multiplying in a Country which hath in comparison nothing of its own growth to support them either in food or clothing yet they want nothing either in necessaries or wealth because they are industrious what Creeke of the Seas do they leave unvisited And in Shipping are so stored as most parts of the world do love or feare them Now a great encrease of People rests upon the regulation of Trade for it is not the number of workemen but the number of good workmen which encreaseth Families and it is Families which encrease and spread good people the other for want of knowledge and Skill being fixed no where because their labours will not maintain themselves much lesse a family for who will use a workman who hath neither Skill nor Credit when he can employ one that hath both Of principall importance therefore is the regulation of Apprentiships both towards the best encrease of people and to the honest creditable and wealthy manufactures of woolls and especially of clothing for want of which not only the former denoted defaults are daily found in their works but good workmen are undersold and ruined by bad and the whole Nation involved in great dishonour therefore we will resort to the Reformations CHAP. XI Shewing the abuses of those Lawes whereby Clothing ought to be remedyed IUstice which all men cry up and few practice is a vertue both divine and humane Divine Justice is either from God to man wherein his Providence is his Justice by which he governeth the world or it is from man towards God and then it is Piety whereby he returnes to God praise and glory for his numberlesse blessings In Republiques Cities and Townes it is Equity the fruit whereof is Peace and Plenty In Domestique relatitions between man and wife it is unity and concord from Servants to Masters it is good-will and diligence from masters to servants it is humanity and gentlenesse and from a man towards his own body and soule it is health and happinesse There is none of all these relations but is necessary and important to the reformation of the abuses defaults deceptions and grievances committed upon clothing which in this discourse have been in some measure discovered and by which both God and man are justly provoked The justice we are to use to the reliefe of the complaints before exhibited is either distributive or commutative Justice distributive is to give each man according to his deserts whether it be honour or punishment and commutative justice is in bargaining bartering exchanging or in any transactions between man and man to keep promises covenants and contracts and for a man to behave himselfe as he would have others do unto him to receive the innocent into protection to represse and punish offenders without which common intercourse and humane society must necessarily be dissolved and for the preservation whereof amongst the ancient Fathers have not spared their own sonnes The Egyptian Kings to whom antiquity gives the priviledge of making Lawes did engage their Magistrates in an oath that in Iudicature they should resist any unjust Commands even from their Princes themselves The Graecians and Romans deified Iustice and would not violate it towards their enemies so just also were the Lacedemonians and so free from distrusting each other as even for the publique safety they used neither locks nor barres insomuch that one asking Archidamus who those Governours were which so justly happily and gloriously governed the Common wealth of Lacedemon answered that they were first the Lawes and afterwards the Magistrates executing those Lawes for Law is the rule of Justice and Justice is the end of the Law Rectum est index sui obliqui a right Line doth not onely justify it selfe but accuseth the crooked say the Mathematicians by which it may seeme that the ready way to rectify abuses about clothing were to compare them with the Rule of the Lawes provided for them which neverthelesse holds not in all points for instance the Law empowers the Merchants and Drapers to be their own Searchers and to punish the Clothiers purse as they find his works to be faulty and so they do to the no small griefe of the Clothier but cui bono For the retayling buyer is not hereby at all relieved the Draper selling to him those faults for which he was before paid by the Clothier the Merchants do the same by causing their Clothiers to bring their manufactures into the Merchants private Ware houses where their own servants are Judges who upon searching the Clothes do make and marke faults enough for which they have reparable abatements but themselves again do practice all fraudulent wayes they can to barter and exchange those faults away without giving any allowance for them and though sometimes they be detected yet find they means to save their purses whilest their Nation suffers in honour and the Lawes are vilified to Forreigners who stain the Justice of the Nation with weaknes and fraud true it is that in the Netherlands where their cunning is as piercing as their practise is common they even every buyer do search with diligence and make themselves reparations first to the Merchants great losse and so in course to the Clothiers no small dammage but in all this the State remains much dishonoured by the scandall and robb'd of those Fines which the Lawes in punishment do give to the publique Revenue which if they were rightly and legally attended would render a vast gain to the Common wealth As in diseases where the causes are mistaken the remedies are consequently misapplyed whereby a disease in supposition becomes one in fact so in the foregoing instance the remedies being misapplyed are themselves brought to be a disease almost incureable therefore though in finding out the causes why manufacture in clothing becomes so abused there may be good use of the Drapers Merchants knowledge and Skill yet the application of the remedy is a worke of State and Policy in making and executing the Lawes proportionably to the grievance in which instance it doth not hold for though the Merchants and Drapers be able Searchers of the abuses yet they are not competent reformers of the grievances because they are interessed in participating of those gaines which the faults occasion and intend Nor is this all the abuse for in such parts of the world as the buyers are not in ability of knowledge like the Dutch who make Cloths themselves and especially in those parts where the difference in Religion is so great as it is between Christians and Turks there the corrupt Merchant causeth the name of God to be blasphemed for when
those people whose eye and judgment gives them not so good information as doth their proofe and wearing do find themselves cheated in their garments they presently conclude that there is no feare of God in that place nor obedience to their Rulers for conscience which must assuredly procure much scandall to Christian Religion Now as Pliny observes as in the Front you have it that Pecunia dicitur à Pecude thereby bringing the originall of mony from sheep affirming that the ancient signature upon money was a sheep he also thereby shewes that merchandises were the cause of money and there being no greater merchandises then are from the sheep he makes it evident that there is nothing more requisite towards the enriching this nation whose peculiar blessing rests in sheep then strictly to hold the manufactures to the letter and rule provided for their just making and that the lawes be unpartially executed For Necessarium illud dicitur sine quo fieri non potest and it being apparent that this Nation cannot be rich without a constant utterance of clothing nor can that be done without a perfect reformation in the particulars of the works it doth undeniably follow that clothing must be purged from its corruptions or England must be poore It is therefore the Manufactors which abuse the woolls and thereby improvidently give advantage to the Dutch whereas a perfection in the making of Cloths in England will gainfully undersell the Hollander a Noble in a Pound sterling CHAP. XII Shewing how the Lawes are used to crosse and destroy each other about clothing BY that which hath been said it doth appear that there may be too much Law though there cannot be too much justice and where the Law abuseth justice that Common wealth is in a desperate condition England will be found in little better state if a short review be taken of some preceding passages for the Lawes are made to fight against themselves in that tedious cont roversie about the Aulnageors Subsidy for though there be none more authentique then such as establish that Imposition neverthelesse the litigations about the legality of this Subsidy and the opposition to the State revenue hath for some late yeares been carryed on with such heat as some innocent officers for doing their duty have been no lesse then ruined For which cause the deputies and subservient Aulnageors become very remisse in their office as well in selling their Seales by dozens to such as will buy them the inconvenience and losse whereof is formerly declared as by neglecting to survey and examine what clothes are Statutable or truly sealed Again the Farmers and sub-farmers of the Aulnage being through the troubling and interrupting their servants made unable to pay their Rents the Lessors to them ever premising a Clause in their Lease for re-entry upon non-payment of their covenanted Rent do presently upon default grant a new Lease to another man utterly unknown to the preceding Tenant by which promiscuous course there are divers Aulnageors for one and the same place at one and the same time whereof the Clothier soon getting knowledge by their exercising a double duty he payes to neither yet gets his Clothes sealed by such indirect meanes as is before declared in all which proceedings the Law is abused under pretences of legality As for the duty of searching the former powers granted by that Statute of quarto Iacobi to the Merchants and Drapers and the inconveniences thereupon denoted are enough to shew the Imperfections of that Statute to that use neverthelesse not onely the prejudice to the buyer and dishonour to the Nation are thereby as it were authorized but the losse to the State is not easily to be valued seeing that in that onely Country of the Netherlands the taxes or abatements for defects in Clothing have been by that State punished to the dammage of ten thousand pounds in one yeare what then must be the Income of the like abuses upon the whole clothing of England in those Fines which the Statutes give to the State all which are lost for want of legall searches where the faults being detected and marked upon the edges of the Clothes as the Statutes require all future buyers are satisfyed of their worth and the State secured of the revenue and that these faults cannot be few the Reader may be pleased to cast his eye over their works in mingling carding spinning weaving scowring milling rowing tentering and many other works wherein every one helps his Lawfull living by unlawfull practices True it is that the foresaid Statute of quarto Iacobi by the largenesse of it seemes to be an epitome of all the Statutes made in three hundred yeares before yet such are the insufficiencies and the incongruities of the commands and powers thereby established as the Subject and more especially Forreigners are rather grieved then relieved by it wherein the dishonour of the State and Nation is very great and apparent Now for the weight of Clothes so precisely commanded and by the Statute strictly enjoyned the Clothiers are herein generally abusive for whereas they were originally ordained to weigh sixty foure pounds a Cloth and afterwards by degrees came to fifty eight yet now for want of exact searching they hold themselves very obedient to the Law when their Clothes hold fifty six pounds a piece whereof more come short then over their generall answer being that they cannot cast their Clothes in a mould yet when they please they wil bring twenty Clothes together not differing from each others weight so much as a quarter of a pound in a Cloth so as indeed one may judge that they were cast in a mould which men could as well make them hold as neare to fifty eight pounds but herein lyes the Weavers chief practice of falshood for they will many times make them foure or six pound short of the Statutes established weight and then they find tricks with Stones Leaden weights and the like ponderous things to give them weight which upon the Aulnageors legall search may soon be discovered and seized Again the Law is by the Law crossed and abused even in those places where they pretend they have legall established Searchers first in their number there ought to be six or eight in a towne according to the capacity of the Corporation and clothing in it secondly those Searchers ought to give security of fourty pounds penalty at the least and to approve themselves men of knowledge wealth and integrity to the end the search may be throughly performed once in a month or oftner and they are by the Law furnished with power to carry their search through Warehouses Shops Ships or any other place which shall harbour any clothing or manufactures searchable the resistance or concealment whereof is put under strict and valuable penalty thirdly they are by the Sature appointed in their Search what faults to denote and what penalties to declare on each fault In performance of which Injunctions first out of
never any occasion why that should be transported therefore to have it licenced either by its own name or by that of Tobbaco-pipe-earth or by any other title is clearly the greatest injury which can be done to Clothing It is a commodity which the Dutch cannot get in any quantity or worth nearer then the Streights unlesse from England where the totall exportation being by the Statutes most strictly prohibited their clothing being the more laden with charge the English will be better able to undersell them Now to shew the Reader how the Lawes are crossed and daily obstructed to such as endeavor to serve their Country by such as ought to encourage the Prosecutors surely there will be very many practices of evill consequence discovered for first in the Custome-houses where Bonds are taken to the intent these prohibited commodities passe not by meanes of Marriners out of the Nation but onely from Port to Port for accommodation of such parts as want such commodities they are very remisse and carelesse in taking account of the Sea-mens discharge of their obligatory conditions where also it is usuall with the Sea men to bring fraudulent Certificates and so do cheate the States providence who keep servants at great wages purposely to prevent such abuses or if there be a regular returne of the Bonds yet there is commonly a fraudulency in giving them for the Masters of Ships will so contrive their designe as he who is Master at giving the Bond and is legally bound shall immediately passe his interest to another man who taking charge of the Vessell and Voyage is notwithstanding not engaged in the Port-Bonds and therefore neither is he accountable for breach of their condition Again when the Port-Bonds are justly taken and as justly returned yet to prevent the true and real detection of the offender and to dishearten the legall Prosecutor some friend of the offenders will clap in an information against him purposely to hinder and divert others and soon after will let the prosecution fall at his pleasure nay it hath been said and peradventure not unjustly that such preventing Informations have been antedated to the overthrow of the reall information But when all is granted and a full and formall hearing and Decree passed to the just condemnation of the offender yet when Judgments and Enquiries are granted and do without Errours of the Clerks which is not alwayes empower the Sheriffs and their Bayliffs to see execution thereof made it is familiar with those officers to return a Nonest inventus or a Mortuus est even then when the offender and the officer have been known to be drinking together at that very time when the Writ should have been executed After all this one step further will shew how charity it selfe abuseth Justice for let all the former proceedings be granted to be candid and cleare and that the Law be indeed juftly and legally executed the offender in custody and nothing remaining but that he honestly discharge himselfe with money seeing baile will not be admitted neverthelesse upon a lamenting Petition and urging a great charge of children to the Bench the offender is usually admitted to compound for ten in the hundred or lesse when by his offence he hath gained a hundred for ten or more and peradventure hath undone a hundred Families in so doing yet all this while the honest Prosecutor the onely man that appeares for the good his of country who ought by the law to have the full benefit and advantage of the Law gratis it being enough that he spends his time for promotion of the Publique weale after it hath cost him severall great summes of Money and large expence of time to bring the offence to Triall and Conviction is dismissed with little or no satisfaction unlesse he be rewarded with the Brand of an informing Knave surely they who made these Lawes for the benefit of themselves and their Country did intend a more currant and just passage towards them then thus to be obstructed and baffled But at the present time Felis dormit et mures saltant every man doth as he pleaseth Prosecutors and Informers have paid for their Learning that it is better to lose a Coate then a Skinne such abuses as these made Theodorus say as in the Preface you have it that a Wiseman did himselfe injustice by hazarding his wisdome and estate for the benefit of his Nation and therefore some have not spared to urge that Customs and Imposts and Tolls and Taxes might be taken away from honest laborious hazardous Trades and Adventurers and be put upon litigious Suites at Law and such as make benefit of their corrupt breath that is to say upon such Lawyers as abuse their Clients and such malicious Clients as abuse the name of a just and innocent defendant but righteousnesse must be expected in another world for in this he that endeavours to remove discommodities and inconveniences from the Lawes doth undertake to cut off Hydra's heads saith divine Plato which Seneca cofirmeth in saying Nullum sine auctoramento est malum CHAP. XIIII Containing some Queries of Remedies WE have seen a short account of some abuses in relation to clothing to speake of all the frauds and deceptions daily practiced about these manufactures were in substance to fil a volume they being for invention far beyond the compass of one mans brain but because it is concluded to be more easie to extinguish another mans vertue then to establish a mans owne it will here be expected that some meanes should be proposed by way of reformation proportionable to the offences and grievances related A Ship is one of the most excellent structures both for wealth and fafety and conquest that ever was invented yet that vast Body that Magazine of wealth that Castle of strength would be of no use were it not for that small timber the Rudder which contracting as it were all the Mathematicall lines of the Hulls composition every proportion answers in obedience to the commands and checques of that inconsiderable Moover the Rudder It is so in Government which therefore magnifies Monarchy or single Dominion for though the Art of man might frame two or more Rudders to one Ship yet all the wisdome of man could not so proportion the obedience of the Vessell but that there would be distraction in the course and sayling Foelix qui potuit rerum cognoscere causas and though it be more easie to derive the errours then to contrive the remedies yet it is a great step towards health for a man to know the cause of his sicknes and it may be concluded that he who hath taken the paines to give himselfe knowledge of the severall abuses arising upon so immense a worke as Clothing is would not trouble his Countrymen with relation of their grievances unlesse he knew likewise how to shape the remedyes in proportion to them If the Reformation did rest onely upon the offences the respective Statutes provided for them may seem to