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B12245 The course of the tare of cloth in Holland Company of Merchant Adventurers of England. 1627 (1627) STC 5875; ESTC S114530 3,668 2

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And in this state the Tare cause remaineth to this day and the Merchants Adventurers allow for Tare at the least ten thousand pounds a yeare And yet further the remedy provided for them by the Act of Parliament 4. Iacobi in stead of their old remedy by certificates is now by a new Act of this last Parliament taken away the penalties for defects of Cloth being all given to the poore and the Searchers but no recompence left to the party damnified TO THE RIGHT HONOVRABLE THE LORDS OF HIS Maiesties most Honorable Privie Counsell The humble Petition of the Fellowship of the merchants Adventurers of England MOst humbly shewing that vpon complaint heretofore made by the Petitioners of the great wrong and damage sustained by them and the very Trade of this Land as well by the vniust Taring and Abatement made by the Merchants of Holland and other the vnited Provinces vnder colour of defects of the Cloth sold them by the Petitioners as also by the immoderate Impositions levied by the Lords States generall vpon English Cloth yet leaving the Cloth of their owne Country free of the same It pleased this Honourable Boord by their letters dated in February Anno 1624. to recommend the cause to the Right Honourable the Lord Carleton then Ambassadour resident with the said Lords States for his late Maiesty of blessed memory to be by his Lordship negotiated with the said Lords States in his said Maiesties name and due redresse demanded wherein after his Lordship had accordingly made very good entrance it pleased his Maiesty that is now to commit the seconding thereof vnto the most honourable the Duke of Buckingham when his Grace went Ambassadour extraordinary to the said Lords States with whom also his Grace dealt effectually herein as the shortnesse of the time would then permit But both his Grace and the said Lord Carleton returning before the cause could be brought to an end by reason of the delayes vsed by the Dutch party and his Maiesty having sithence vntill now had no Ambassadour there the Petitioners for the Interim by mediation of your Lordships obtained his Maiesties Royall Letters to the said Lords States to accept of the person of Mr. Misselden Deputy Governour of the Company of Merchants Adventurers residing at Delfe in Holland for the sollicitation of the said cause wherein he hath since accordingly travailed but as yet without effect In the meane time the grievance of Tare hath rather increased then otherwise the Company at Delfe having made an exact Inquiry collection of such summes as haue bin abated the last yeare in this kind whereof they finde the totall to be aboue ten thousand pound from Decemb 1625 to Decemb. 1626. Now forasmuch as this grievance of Tare and the other of Imposition are such as without redresse will vtterly disable the Petitioners to continue their Trade And for that they vnderstand that his Maiesty hath resolved shortly to send over the Right Honourable the Lord Carleton aforesaid as Ambassadour extraordinary to the said Lords States The Petitioners humble suite is that it will please your good Lordshipps to be a meanes to his Maiesty that the said causes of Tare and impositions may be committed and given in charge to the said Lord Carleton to be now by his Lordship resumed and pursued to an effectuall remedy and conclusion And the said Mr. Misselden that hath sollicited the said causes in the Interim as aforesaid shall attend his Lordship with full information as well of that which hath passed in his Lordships absence as with whatsoever else shall be requisite on the Merchant part And the Petitioners shall daily pray
This was written by the merchantes Adventurers The Course of the Tare of Cloth in Holland BY the Ancient Law of the Romans called Edictum Aedilitium of the AEdiles that made it it was free to the Buyer of any slaue or other Merchandize that had any hidden fault which would not be perceived by ordinary view to make further visitation of the thing so bought afterwards and if it proved faulty then at his choice either to returne the same vpon the Seller or else retaining it to haue the defect valued by indifferent persons and then the value of the faults to be allowed him by the Buyer out of the price This Law among many other Lawes of the Romanes is currant to this day in Germany and the Low Countries yet so as it is neverthelesse free to sell a Commodity Per aversionem that is to be taken with all faults if the buyer will consent thereunto according to the rule Quilibet iuri pro se introducto potest renuntiare The Merchants Adventurers trading in Cloth with the Merchants of Germany and of the Low Countries and settling the Rendevouse of their trade in each of these in one place called their Mart Towne did of ancient time allow abatement vnto the Buyers for such faults of their Clothes especially for narrownesse and shortnesse as were found in the opening of the same after they came to the Buyers hands which allowance or abatement was at first made onely in their Mart Towne and before the Cloth was wet in this manner The Merchant Buyer having in opening of his Cloth in the Mart Towne found them to be too narrow or too short did forthwith acquaint the Seller that the Cloth was found to be faulty whereupon the parties agreed vpon two good men one of each Nation to visit the Cloth and to value the faults which valuation is by the Dutch called Tare that being thus made the Seller was to allow the Buyer the sum so taxed out of the price of Cloth which Tare allowance being so made the Seller made Affadauit thereof before the Secretary of the Fellowship of Merchants Adventurers residing in the Mart Towne who gaue certificat of the same vnder the Seale at causes of the Company By vertue whereof the English Merchant was inabled to recover the said abatement againe of the Clothier that sold him the Cloth here in England This Tare being thus at first made in the Mart Towne the Dutch Merchants that dwelt in other Townes pretending hast and want of leisure to visit their Cloth in the Mart Townes carried it home to the severall Townes where they dwelt where finding defects of length and breadth in the Clothe● they caused the sworne Measurer of the place to mete them over and certifie the want of length or size vnder his hand which certificat being brought to the English Merchant and being at first for no greater matters then were vsually found in the Mart Towne he allowed therefore according to the Rate as the Cloth cost and made his Affadavit thereof to the English Secretary and tooke his Certificat accordingly After this was dawn thus in Train and the Dutch Merchants began to feele the sweetnesse of these allowances made greater by the absence of the English Merchants began to feele the sweetnesse of these allowances made greater by the absence of the English Merchants they further proceeded to make abatement for Rimples Bandes holes and stopsalles in the Cloth at their owne home And for the taxing of the true value of these faults as also of shortnesse and narrownesse they caused for better colour of their proceedings an office to be erected in every Towne of sworne men to visit English Cloths and to estimate and taxe the damage thereby sustained by the Buyer whereof certificat being brought to the English Merchants in the Mart Towne he was compelled to allow the same and to seeke the remedy of the Clothier here by such certificat from the Secretary of the Company as is above mentioned The course thus settled the Dutch grew daily to make their Tare more and more vnreasonable the Visitors or Tare-masters favouring those that brought them worke and adding to the Tare not only the salary of their labour but also the charges of their meeting which was sometimes a Pot of Wine two or three sometimes a dinner at last what they would spend vnder colour of that occasion So that the Tare-masters and some of the Dutch Merchants bragg'd that they had built faire houses by the benefit of the Tare of English Cloth The Clothier of England feeling the smart of this Tare although he seldome allowed his Merchant the one halfe of that the same Merchant had paid to the Dutch complained to the Parliament in the 43. yeare of Queene Elizabeth and so prevailed that it was enacted that he should not be liable to allow the Merchant any thing vpon any certificat brought from forraigne parts yea although he should contract with him to doe it Hereupon the English Merchant fell vnto a great and continuall losse the Clothier now making falser Cloth then ever before and the Dutch Merchant more Tare so that loosing oft of his principall he complained to the Parliament b in the 4. yeare of his Maiesties Raigne that now is and craved his ancient remedy by certificat which was denied him yet it was enacted to the end he should not be without remedy that he should haue power to visit his Cloth here at home and to recover of the Clothier for shortnesse narrownesse and want of weight according to certaine rates by the Statute appointed b And therefore for a further remedy the Company of Merchants Adventurers residing at Hamburgh did in the yeare 1611 agree and order among themselves to sell all their Cloth with this speciall part and condition in their contract of sale that they would not be liable to allow any Tare but such only as should be made in the Mart Towne where they might see how they were dealt withall in the taxing of the faults and that on●y in the dry Cloth before that was sophisticated in the wetting And this order the next yeare after they established also at Middleburgh their Mart Towne for the Netherlands and so brought this Tare busines to a good reformation But in the yeare 1614 the new Company for Dying and Dressing being erected the Netherlanders soone regained that from them which the old Company had gotten before co and procured an Edict of the States generall that it should be lawfull for Tare to be made in any of 28 severall Townes in the same Edict mentioned notwithstanding any contract to the contrary Now whereas it was by that Edict left free and by the custome of Merchants vsuall that the surplusage of length in any Cloth should be cast in compensation of the defect of dreadth this also by a new Instruction of the States touching the Tare cause published in Print Anno 1617 was taken away