Selected quad for the lemma: judgement_n
Text snippets containing the quad
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A58269
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Reasons humbly to be offered by the weavers and makers of stuffs called worsteads and other stuffs, made in the County of Norfolk and City of Norwich where they should be discharged from paying the duty of subsidy or aulnage demanded of them for such stuffs
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1680
(1680)
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Wing R569A; ESTC R5829
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2,132
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1
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REASONS Humbly to be Offered by The Weavers and Makes of Stuffs CALLED Worsteads and other Stuffs made in the County of Norfolk and City of Norwich Why they should be Discharged From Paying the Duty of Subsidy or Aulnage demanded of them for such Stuffs THAT the making of Worsteads in Norwich and Norfolk is an ancient Manufacture and hath been there used time out of mind Ex bundell escaet 1 Ed. 3. mi. 47. and thereby many Thousand Inhabitants of the said places maintained and kept at work and before the time of King Edward the Third an Assize of the length and breadth thereof was affixed That the ancient Revenue of the Crown of England was 6 s. 8 d. on every Sack of Wool transported which was granted by Parliament Afterwards 14 Ed. 1. Co. Inst 4 part fol. 280. in process of time divers Cloath-workers set up the Trade of making Cloaths in England by reason whereof the English Wool was wrought up here and an Officer was appointed by Patent to measure the said Cloaths with a Fee for his pains And the Crown having then no Customs upon Cloaths or other Goods exported as they now have the King 's ancient Revenue of 6 s. 8 d. on every Sack of Wool was thereby diminished Thereupon in Anno 24 Edw. 3. a Subsidy was by Parliament granted to be paid to the King Vid. in Tresrem offic 24 Ed. 3. viz. 1 s. 2 d. on a Cloath of Scarlet c. and on a Worstead 1 d. which makes a distinction between Cloaths and Worsteads In Anno 25 Edw. 3. an Act was made for the Assize of Cloaths and if any was made less than the Assize the same to be forfeited These Forfeitures being grievous to the People in Anno 27 Edw. 3. the King releaseth the Forfeitures of 25 Edw. 3. In consideration thereof the Parliament over and besides the Customs formerly due which was that by Anno 24 Edw. 3. granted to the King a Subsidy of 4 d. of every Cloath of Assize 2 d. on a half Cloath and none under half a Cloath to pay any thing But in this Act of 27 Edw. 3. nor in that Act of 25 Edw. 3. any mention is made of Worsteads which was then an ancient Manufacture made in Norfolk and Norwich and taken notice of in 24 Edw. 3. distinct from Cloath and a particular Duty set on exportation thereof by it self viz. 1 d. a niece and Cloath 1. s. 2. d. a piece so as if Worsteads had been intended to have been within the compass of this Act of 27 Edw. 3. they would have been distinctly named as in 24 Edw. 3. and not put under the general name of Cloath Notwithstanding the grant of the Office of Aulnager in 14 Edw. 1. of Cloaths Co. Inst 2 par 534. in 22 Edw. 3. there was a particular Patent made to one Pooley of the Office of measuring of Norwich Worsteads with a Fee which at a Petition of the Commons 25 Edw. 3. was declared to be and was made void and null In Anno 11 Hen. 4. upon Petition of the Weavers in Norwich and Norfolk to the then Parliament there was granted to the Mayor c. of Norwich power to search and seal Norwich Stuffs for a time But that Act mentions not any thing of a Subsidy In Anno 7 Edw. 4. the Weavers of Norwich and Norfolk were put under a Regulation and Wardens appointed to be yearly chosen and sworn to search and measure Norwich Worsteads and no mention made of saving the Aulnagers Fee or Duty of Subsidy And from the time of the Revocation of Pooley's Patent in 22 Edw. 3. till the beginning of King James the First his Reign no Subsidy or Aulnage was demanded for Norwich Stuffs But about that time Delves and Fitzwilliams having gotten a Patent of New Drapery Co. Inst 2 par fol. 62. gave some trouble to the Weavers whereupon 2 Jac. questions arising thereabout the business was referred by the King to all the Judges of England who certified the King there was never any Aulnage of Norwich Stuffs Notwithstanding this Resolution of the Judges the then Duke of Lenox got a Patent from the King of the Subsidy and Aulnage of Cloaths and new Draperies under which the pretended Norwich Stuffs to be comprehended and gave new disturbance to the Weavers which occasioned several Suits in many of which the Weavers prevailed but the power of the said Duke in those times so far prevailed by his sending Pursevants and other hard Usages that the Weavers were compelled for some time to pay the said Duty but about the year 1640. the payment thereof ceased and the Weavers were quiet till the year 1668 when the then Duke of Lenox preferred his Bill in Parliament to have the said Duty setled which was rejected in the Commons House from which time till about the year 1680 the Weavers were quiet but then one Mr. Canham having obtained to be Aulnager in Norfolk did again set the Claim of foot and by taking great Distresses and by several Orders in the Exchequer compell'd the Weavers to pay the said Duty of Subsidy to him Which Orders and Proceedings of the said Court of Exchequer are so extraordinary being of a different and mixed nature in part legal and in part equitable that no Writ of Error can be brought thereupon there being no Judgment in Law passed nor can any Appeal be brought for that the Proceedings are not entirely in Equity but partly in a legal course Whereby the said Weavers although they are joyntly charged with the payment of the said Duties of Subsidy and Aulnage yet are destitute of any Course of Law whereby to obtain their Relief but must submit to the burthen theoreof which will in great measure destroy that ancient Manufacture of Worsted-Stuffs which hath been time out of mind exercised within the said City of Norwich and County Court of Parliament where Grievances of this nature which are above the reach of any ordinary Court of Justice to relieve are only and properly cognizable and to be redressed