A DECLARATION OF THE ESTATE OF CLOTHING NOW VSED WITHIN THIS REALME OF ENGLAND 1 The Royaltie and benefit of Wooll and Woollen Cloth 2 The Condition of the Makers being two sorts 3 The antiquitie and power of the Alneger 4 The manner of search and Searchers now vsed 5 The seuerall faults and abuses practised in Cloth 6 The inconuenience and hurt by the abuses 7 The remedie to be made by the Alnegers prouision With an Apologie for the Alneger shewing the necessarie vse of his Office Written by IOHN MAY a deputie Alneger LONDON Printed by ADAM ISLIP An. Dom. 1613. TO THE MOST NOble Prince Lodwick Duke of Lenox Earle of Darnely Baron of Torbolton Metheuen and Aubigny Lord high Admerall and Chamberlein of Scotland Knight of the most noble order of the garter and one of the Kings Maiesties most honorable priuie councell and his Highnesse Alneger generall for the Realme of England and the Dominion of Wales BEeing for a time restrained from that seruice which I endeuoured to performe vpon some occasion well knowne to your grace My loue and duety which no cause can obscure presents it selfe with a subiect of your gouernment often by your Graces cost and consent examined by mee whose condition shall bee truely reuealed leauing the censure thereof to your honorable and wise consideration my selfe standing by to accuse it of many defects who might bee drawne backe in bashfull manner when I looke into myne owne impefection in wanting sufficiencie to deliuer this cause in the right nature but knowing that truth seemes beautifull although naked and presuming on your honourable disposition which is euer more readie to forgiue than sharply to reproue harmeles simplicitie imboldens me to goe forward although in rude sort wherin your grace may not epect an exquisit maner but like a plaine mans tale before a Judge which will more sauour of trueth than eloquence nor doe I take the helpe of any other to prompt mee but onely seuen yeares experience which I haue imploied in this subiects acquaintance and now compiled the same into seuen howers studie for one howers relation and so made it my first fruits for this manner of publishing which I humbly intreat to bee shrouded vnder your gratious fauour The cause which procures mee to this taske is two fould First according to my dutie to acquaint your grace with the estate of the businesse And secondly to stirre your aide in the redresse your power beeing able to reforme and your place requiring it still in all humblenesse desiring to haue all imperfections ouerpassed with your graces fauour and not called into a strict examination The widowes mite was small but acceptable in regard it was all shee had let not the abilitie but the affection be called in question which wisheth his power farre greater onely to shew it all in your graces seruice to whom he is so perpetuall and irreuocable bound vnto as all is too little he can performe wishing your grace all worldlie content and after this life all heauenlie ioyes to guerdon your happie and honorable deeds Your Graces mest humble and deuoted seruant IOHN MAY. To the courteous Reader GEntle Reader I must confesse that my ouerdaring attempt deserues a disgracefull checke who like Icarus with waxen wings hath soard so high but that the sun beames haue beene fauourable my downfall might be as sodains this president is none of my profession and beeing so farre vnfit intend not to make it my practize An extraordinarie cause compels me to this worke wherin you must expect an explanation by an Alneger and not by an Oratour and as I most desire the good opinion of the best who doe alwaies censure well so I least regard the taunts of the worser sort who commonly carpe at all If amongst these rude weeds you can gather any wholsome herbes to serue your vse I shall then gaine what I most sought for I am the more incoraged to aduenture because this vessell is bound to that port where yet noe other hath beene before mee with like lading whose better beautified wares had spoilde my market yet haue I trauelled as much to collect and beene as carefull in the choise of this fraight as any whatsoeuer and imagine that he which in this trades farther shall deale for a doubtfull gaine beeing commoditie not vendible for all but rather vtterly reiected by some yet good hope may drawe them on in regard that the same sort or the least companie and worst condition who knoweth not that from one flower the Bee drawes hony and the Spider poyson and that the content of the good is the contempt of the euill Therefore my resolution is set hap how it wil if the voiage miscarie I am not the first whom hope hath deluded but will striue to rest satisfied howsoeuer And so I take my leaue Yours to his power IOHN MAY. THE ROYALTIE and benefit of Wooll and Woollen Cloth CHAPTER I. THE antiquitie of Woll within this Kingdome hath beene beyond the memorie of man so highly respected for those many benefits therein that a customable vse hath alwayes been obserued to make it the seat of our wise learned Iudges in the sight of our noble Peeres within the place where all wholesome lawes are established for the good gouernement of this kingdome The Parliament house to imprint the memorie of this worthie commoditie within the mindes of those firme Supporters and chiefe Rulers of the Land who euer from time to time haue with greatest care prouided for the maintenance thereof as a blessing sent from Almightie God vpon this nation more than all the people in the world whose mercie in preseruation of those cattell is showne by the suppression of rauening Wolues and deuouring beasts enemies to those harmelesse and vnresisting flockes which other countries to their great dammage doe harbour vnremedilesse so that no kingdome whatsoeuer can speake so happily of this benefit as this realme who findeth it the rich mans increase and the poore mans comfort in such an excellent nature the quantitie so much as serueth all nations in the world and the qualitie so good as is chiefely desired of all working a generall fame and most profitable traffique to this Land that it may be rightly called The English India The depth of benefit in this royall commoditie was a long time obscured within this kingdom through ignorance and negligence of our people in those dayes who suffered the transportation therof vnto a more ingenious nation which made farre greater benefit by their labour than those whom God had freely sent it vnto For when it was conuerted from the sheeps backe fit for mans back it was returned by them to this realm at a treble rate onely increased by their industrie which shameful course brought great scandal of our idlenesse Like men that would lay no hand to the plough and women that would set no hand on the wheele deseruing the censure of wise Salomon Hee that would not labour should
extreame bad which without amendment might be well spared There is no more difference betweene a bad Clothier and a bad Merchant than betweene a theefe and his receiuer for as the one commits vnlawfull crimes the other maintaines it by concealements nay more procures him thereunto Many Merchants are of that disposition that they more respect their present gain than the good of all others looking vpon the cheapnesse and not on the goodnesse of what they buy casting vpon their gaine of mony and not on their gaine of credit whereas both might easily be obtained Let a Clothier haue a new trick of deceit contrarie to law and preiudiciall to the generall good if it may be a particular profit although not durable that man shal be sure of entertainement if hee feare discouerie or to bee caught by the law these Merchants haue infinit deuises to make it walke inuisible if Argus eyes were watchfull ouer them yet haue they mists to blind them all But God who is the vpholder of truth wil one day bring these hidden mischiefes to light and turne this wicked gaine to shame and losse CAP. 3. The antiquity of the Alneger with his power BEfore the making of Cloth within this Land the Alneger was ordained who exercised that office vpon al cloths comming from foreine parts to measure and trie them where they were put on lād The enterpretation of his name Alneger shewes the nature of his office as onely measurer appointed 2. Ed. 3 cap. 14. For a long time his authoritie was caried by proclamation before any Parliament was holden his fee was not then giuen him but allowance from the Lord Treasurer and Barons of Eschequer according to his paines and care his charge was to see all clothes of assise marked and those not of assise and defectiue to bee taken into his hands for the King 2. Ed. 3. cap. 14. although in the presence of any Maior Bailife or other magistrate wherein his credit and trust reposed by the King was explaned When the making of those Clothes were drawne hither and dayly increased the King found great losse in his customes for that the wools of those Clothes being before transported did yeeld much custome and the like answered vpon returne of the Cloth which double benefit to the king was lost although it brought much good to the common wealth by the subjects imployment Vpon due consideration hereof a subsidie was graunted vnto the king and his successours vpon all Clothes made within the Realme foure pence vpon euerie cloth and two pence on euerie halfe Cloth besides a Subsidie vpon all graine colours 27. E. 3. cap. 14. as appeareth by that Statute at large the collection whereof was appointed to the Alneger as the most fittest man for it being the kings onely officer for those affaires at which times he had also his fee of a halfepenie on euerie Cloth giuen him with a reseruation of all his former power and charge both for the king and reformation of abuses Now it is to be considered what value a halfepenie was in those dayes and what the seruice was to be performed for it All the paynes he tooke was but to cast a Lyne of seuen yards foure times ouer the Cloth in length and to measure the bredth then appointed which he continued a long time then were the faults but few and easily-supprest but in time grew like Hydras heads in cutting off one many sprung vp in the stead that the defects numbred so fast vpon him as put him to endlesse trouble And in regard his place stood vpon two distinct offices the one to collect the Susidie wherein was no farthing charge the other was the executing of the Alnage which tied him by great penalties to performe truely he finding the paines so much to make reformation in so many defects and of such diuersities with his fee too small to counteruaile his danger and trouble did voluntarily forgoe the execution of his office and onely betooke himselfe to the collection of the Subsidie and hauing two Seales appointed him seuerally one with the kings armes for the Subsidie the other with the true content and search for the Alnage he would afterward onely set on the kings seale leauing his search and fee to be freed of his prejudice which neglect of his gaue way to those which practised those deceipts and in time grew to that highth as the whole common wealth felt the smart thereof and forced all sorts appertayning to those trades to seeke for redresse and to make seuere Lawes for the punishment of those deceits appointing searchers and ouer-seers for that purpose with diuers orders concerning the same and perceiuing that the small fee of the Alneger caused him to neglect the search the fee was augmented from a halfepenie to two pence and so for a time carefully executed but the former mischiefe which caused the prouision of those Lawes and orders in short time crept in againe more daungerous and the office of search worse executed with the fee of two pence than before with the Alnegers farthing better it were such search should bee forborne than so faslly perfourmed nor will it euer be truely executed but by the Alneger who hath euer brought all questions and punishment vpon all faults yet brought to light The Alneger is fittest for that place considering his credit and trust with the Kings Seale which hee is made Chauncellor of for that purpose and that all the imputation of false Cloth and false sealing is laid vpon it so that both our nation and our Kings imperiall armes are scandalized in all foreine parts How carefull haue former Kings been to haue the Alneger sufficient in all points 1. R. 3. cap. 8. First to bee expert in knowledge then sufficient in wealth and that no Alneger of any Countie or Citie should bee lesse worth than an hundred pounds if hee were of such value to the King and in those daies his credit was little inferiour to most of the Iustices where hee abode Then had hee his priuiledge to make his accompts but once a yeare whatsoeuer was in his hands And so fauoured to passe those accomps in his highnesse Eschequer without charge or fee besides he must be the Kings naturall subiect no alien to bee permitted thereunto This was intended for those that did execute the place but for those which should receiue the reuenue and profits royall choise hath been made of such as appeares vpon records that the Queen of this Realme and the duke of Buckingham hath been interessed therein for some part of the Kingdome And in euerie Parliament where statutes were ordained the Alnegers power and priuiledge still preserued this charge credit trust and prouision must of force drawe his care beyond those slight searchers of small credit But the offendors and those which practise deceit thinke the Alneger too busie in his place seeking to suppresse his power by all meanes they can There was of late yeres
a notorious felō within this realm who hauing committed many vnlawfull outrages and desirous to continue so would haue the Lord chiefe Iustice bound to the peace offering to take his othe that hee did not onely seeke to depriue him of his meanes of liuing but also sought his life so if they could bind the Alneger to the peace they could make a trade of falshood without controlement But by too much sufferance of this hurt the common wealth is wounded the best sort seeking meanes to heale it but they like gald-backe Iades kicke at those which come to cure them The golden snuffers of the law is put into the Alnegers hand who must make vse of them and howsoeuer they snuffe hee will snuffe too and cleere the light which shall shew them the way to trueth In this he shall stirre vp the sting of enuious tongues whose venome cannot hurt him but procure the praiers of the best which shall receiue comfort thereby The most reuerent Diuine if he touch the finnes of the wicked to the quick shall sooner moue them to railing than to reformation but the malice of euil people is not to be regarded Here might question bee made wherefore the Alneger should now stirre more than of late times It was his vsuall course to take his money for the seale and so to bee quiet Why should he trouble himselfe with such labour that will breed enuie to him and vexation to others It must be aunswered that although hee hath long time lyen a sleepe the necessitie of the time and loud clamours of abuses hath awakt him His charge and duetie to the office his seruice to the King his maintenaunce of the trade that must mayntaine him and benefit to the common wealth sets him on foot to performe that which no other can doe wherein hee will ay me at two things the general good and his priuat profit Since his forbearance much power and profit hath been drawne from him by vsurpation which he may easily recouer as braunches pluckt from his bodie The measuring of silke linnen yea and of some sorts of wollen cloth are made petty offices and held by those which haue no right thereunto Euerie inferiour Magistrate will take vpon him to establish offices which shall contradict the appointment of the King and his Lawes Who is the measurer of all saleable Clothes or all commodities measurable but onely hee not onely appointed by seuerall Statutes but also confirmed by the kings graunt by letters patents It is appointed an office at the common Law 1◠I. 2. by graunt from the king And that the Warden of the Alnage should deliuer yearely to the Lord Treasurour the estreates of his office containing all the faults hee found of Clothes throughout the Realm The same King did also graunt the Alnage of all Canuas and linnen cloth to Tho. Dewight in the 1. yere of his raigne and afterward in the fourteenth yere of his raigne to one Symond of Darlington and also another patent for the Alnage of all manner of outlandish Cloth to one Iohn Griffen in the seuenteenth yere of his raigne as may appeare vpon the seuerall records in the Tower of London If the Alneger did but a while forbeare his collection of the subsidie also some forged authoritie would lay claime to that too but sufferance cannot suppresse right the one office being as truely due as the other 25. E. 3. cap. 1. and so many Lawes to confirme it which also bindes him vpon othe to performe it who shall then deny or contend against him when hee shall claime his right and performe his place As he may receiue both subsidie and alnage vpon all sorts of woollen commodities so may hee receiue the alnage fee vpon all other sorts of Cloth and commodities measurable and saleable from the finest silk to the coursest hempe much of that due is taken in some places frō him which must giue way when he please to take place nor shall he need much difficultie to decide that right being so apparāt plaine in his behalfe at all times when questiō hath bin made of his right or power the leaned Iudges of this lād haue confirmed the same as appeareth by many seueral decrees The antient laws made for alnage causes may fitly be cōpared to the wil testament of deceased kings who bequeathed to their subiects the benefit of iustice and vpright dealing wherein the Alneger is made sole executor and although by some later lawes there hath been searchers apointed as ouerseers to assist the Alneger in the better performance of this will they like idle and carelesse ministers according to the course of such ouerseers put in trust haue superficially past ouer that charge to no purpose but rather looking after their legacie of two pence on a cloth the which the Alneger must abridge them of as vnworthie by their negligence to receiue it and hee himselfe take vpon him to see the will performed beeing held thereunto by three principall reasons First the trust from the King with his seale and collection of his Subsidies Fines and Forfeitures Secondly his charge not to set on that seale but vpon perfect and sizable cloth and to take the contrarie into his hands for the kings vse Thirdly his daunger of the penaltie if hee performe not this charge which are great fines and the losse of his place So hee must bee the man to giue vnto the subiect length breadth weight and goodnesse or else to punish the offendor and giue the buyer knowledge of the fault For want hereof he is most taxed and blamed on all parts not without iust cause for where should this benefit be receined but from him beeing authorised and appointed for the same To conclude his seruice truely performed herein would proue a large fountaine of good to his small drop of benefit CHAP. 4. The manner of search and searchers now vsed THe Law hath effectually prouided for the search in all points that in euerie place where cloth is made and fold two foure six or eight shall bee appointed for the search thereof that it be arcording to law Those searchers to bee able and sufficient in wealth and knowledge that they shall be sworne to doe it vprightly and bound in fortie pounds a peece not to neglect it that they shal performe that search once in euery moneth at the least and enter into the houses shops or other places which harbour any cloth there to feeke for faultie cloth which might otherwise bee concealed or hidden from them and great penaltie laid on those which shall resist or denie any of them For those clothes which are sealed by them the law directs their order appointing the seuerall penalties on euerie fault and how the same shall bee disposed If the Magistrates or Iustices of any place neglect the choise of such searchers then a penaltie is laid on them for that default But this search and orders are grossely abused in seueral kindes