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A77344 A breviate of the weavers business before the Honourable Committee of the House of Commons in the Star-Chamber. 1648 (1648) Wing B4416; Thomason E455_6; ESTC R205013 5,957 8

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A BREVIATE OF THE WEAVERS BVSINESS Before the Honourable Committee of the House of Commons in the Star-Chamber July 28 1648 THat their Opponents in their Petitions referred to this honourable Committee charge the said Governors to have committed many things contrary to the Statute-lawes and Ordinances of the said Company And the said Governors have put in their Answer to each particular charge in some things justifying their practices either by prescription by their Charter confirmed in Parliament by the Statute-Laws or by the allowed Ordinances of the said Company And in other things by deniall of the charge referr the same to the proof on both sides Now forasmuch as there is no other rule of safety for the said Governors to act and regulate by or their members to submit unto then the Ordinances of their Company procured by common consent and confirmed by the Judges according to 19. H. 7. Cap. 7. which they are respectively engaged by Oath to observe untill the said Ordinances be by the same or a higher Power repealed And forasmuch as the said Opponents charge the said Governors with breach of the said Ordinances The said Governors doe therefore humbly pray this honourable Committee That in the drawing up of the Report to the honourable House of Commons touching the Premises you will be pleased to permit the Clerk of the said Company to attend your Honors with their Books of Ordinances under Seal together with the Statute-Book and other matters of Record by them quoted to the end their practises may be examined by them and this honourable Committee may receive full satisfaction Charge 1 That the Governors of the said Company have admitted Strangers contrary to Law to the undoing of the Petitioners and their Families Answer That in 47. years there hath been admitted into this Company 317 Strangers that fled into this Kingdom for Religion and were allowed by the State to inhabite in this Realm and to have Churches and Congregations not onely in London but in Norwich Yarmouth Colchester Canterbury and other Cities and Maritine towns in this Kingdom where Strangers doe still live and exercise Weaving without molestation 2. These Statutes still in force viz. 14. H. 8. Cap. 2.21 H. 8. Ca. 16. and 32. H. 8. Ca. 16. give liberty to Strangers born Denizens or not Denizens to take Apprentices and Journey-men provided they be born under the Kings obeysance and appoint the Master and Wardens of Companies in London to regulate all such Strangers or Denizens and their Manufactures as doe use their respective Arts within two miles of London and to administer the Oath mentioned in the Star-Chamber Decree made 20. H. 8. as by the same Statutes may appear 3. These Ordinances confirmed by the Judges viz. 31 45 53. appoints the ordering and regulating of Strangers Denizens and Forainers 4 By prescription by their Charter confirmed in Parliament And by the 15 and 17 Ordinances of this Company the said Governors have liberty to admit whom they conceive fit into their Corporation 5. Whereas their Opponents in their Petitions and before this honourable Committee have from time to time in a most lamentable manner alledged and affirmed that they and their families being many thousands doe want emploiment and are undone in their Trade by reason of the multitude of Strangers that are continually admitted into their Company The said Governors doe upon their reputation affirm unto your Honours That by the diligentest search and course they can possibly take they cannot discover that there is twenty Master-strangers admitted that weave any of those kindes of ware which these Opponents were bred up unto or deale in the Strangers being generally Weavers of broad Silks and Stuffs and the said Opponents are Weavers of Ribbonds and Laces Lastly the said Governors doe manifest that they have really endevoured to procure a restriction of the comming over of strangers Weavers in the future as by their Bill twice read in the house of Commons at the beginning of this Parliament which is now before this honourable Committee may clearly appear Which Bill together with a new draught of a Bill since delivered to this honourable Committee the Governors humbly desire may be taken into consideration Charge 2 That the Governors have admitted many Natives that have not served seven years to the said Trade Answer This Charge the said Governors deny affirming That they never admit any native Weaver untill they have good testimony either upon Oath or credible Certificate that each partie to be admitted hath served seven years apprentice to the said Trade this being the onely rule and practice in all the Companies in London Moreover if it be found that any persons have given false testimony or counterfeited any Certificate they are liable to punishment but the Governors are not therefore to be blamed Charge 3 That the said Governors have exacted Fees of those they make Free viz. a Silver spoon and ij s. iiij d. Answer 1. The 27 Ordinance of the said Company in express words appointeth them to take the said Spoon yet they remit it to all that are not well able to give the same and there is not one person of an hundred but gives it freely 2. The spoones so received are not diverted to particular or private uses as by some hath been suggested but are duly accounted for every yeer therefore if they should be inhibited to be taken in the future the prejudice will bee to the stock not to the Governours 3. As touching the ij s. iiij d. above mentioned it is not paid to the Governours but to three Officers of their Company it being the usuall constant fee which hath been paid and continued time out of mind unto the said Officers and their predecessors for giving the oath recording the testimony of each mans due service to the trade and his admittance thereupon and for posting them into severall other books and for other services and attendances in and touching the premises The said Officers having but 4 l. a peece per annum for their service besides such accidents as making free binding Apprentices c. Charge 4 That the Commonalty are deprived of their right in being denied their voice in electing of the Bailiffs and Wardens of the said Company yeerly Answer Note That in most Companies the Master and Wardens are chosen by the Assistants only without the Livery 1. The Bailiffs of this Company ever since they were a Corporation which is about 500. years have constantly been nominated and elected by the old Bailiffs Wardens Assistants and Livery of the said Company only and that by scrutinie without any interruption or intermixture of any other persons under the degree of the Livery whatsoever 2. This manner of electing the Officers of Corporations by a certaine select number of rank and degree as is practised in London and other popular Cities hath long since been resolved in a case of Law by all the Judges to be good and agreeable with the
Law for the avoiding of popular disorder and confusion notwithstanding the word Commonalty specified in their Charter as may cleerly appear in the Lord Cookes fourth Report fol. 77. and 78. touching Corporations 3. When any Common-halls are called in London for the publick service of the State or City as for the choosing of Magistrates granting of Loan moneys c. none but the Liveries of the severall Companies are summoned or permitted to be there and whatsoever they conclude upon is binding to the severall members of each respective Company in London otherwise instead of regular resolutions nothing could be produced but terror and confusion Lastly the said Governors conceive that their custome being of that antiquity is amongst the rest of the customes of London confirmed by Magna Charta Charge 5 That the Governours have received the treasure and stock of the said Company and refuse to give any account thereof Answer 1. The Governours humbly conceive that this Honourable Committee at the first general hearing were resolved to decline this particular charge in regard it then appeared not only by their Councell but also by an Order in Chancery that the same businesse brought thither by their Adversaries was yet depending in that Honorable Court yet neverthelesse their opponents have since procured the said accounts to be perused and have taken upon them to put in severall exceptions against the said accounts which exceptions were received by this Honorable Committee 7. Julii instant at which time it was thought fit and ordered That the Governors should not put in any answer unto the said exceptions Therefore the said Governours are inforced to remind your Honors of some heads of what they have formerly presented to this Honorable Committee touching their accounts viz. 1. That the accounts of this Company have been yeerly examined audited and allowed by Auditors chosen and qualified according to the fifth and fortieth Ordinances of the said company confirmed by the Judges according to the Statute of 19. H. 7. Cap. 7. 2. That all moneys expended out of the common stock for the necessary and publick affaires of the Company are allowed by the said fortieth Ordinance therefore they ought not to be excepted against by their Opponents who being members of the said Company are sworne to the due observance of the said Ordinances aswell as their Governours but to be concluded by the said Ordinances 3. If the generality of this or any other Corporation have a right to except against any part of the disbursments of their Masters and Wardens then their power wil hold equall to except against all their accounts which if graunted it will unavoydably follow that Governours cannot purchase let or set or take up monies at interest upon the Common-Seale of that Corporation for the defraying of any publick service without the consent of every individuall member of the same Company the dangerous consequence whereof the Governours humbly leave to your Honors most serious consideration humbly praying that no such exceptions may ly against their accounts nor any such thing brought in president in the future against them or any other in like case Charge 6 That the stock of their Company is wasted and that there is no provision made for their poore Answer 1. In defence to this Charge the said Governours answere That they have land and arrears of Rent in Ireland which if they did enjoy would amount unto a thousand pound besides they have lent and paid for the use of the State since 12. October 1640. above One thousand pounds more 2. They affirme that they have 46. setled Pensioners of their Company besides above 60. other poore that they releive quarterly and could they be freed from these expensive troubles they might soon by the blessing of God raise a good stock for their Company 3. The said Governours humbly intreat your Honours to take speciall notice that these Opponents who question and except against the accounts of the said Governours which have beene duly audited and allowed according to the allowed Ordinances of the said Company have themselves for many yeers together received the Journeymens quarteridge which if duly collected is equivalent to the Masters Quarteridge and have shared it amongst themselves refusing to give any account thereof unto their Governours contrary to their severall Oathes which said Quarteridge belongeth to the stock of the said Company as by the 43. Ordinance of the said Company may clearly appear and not to their private uses Charge 7 That the said Governours have dismissed the Yeomandry contrary to an Order of the Court of Lord Major and Aldermen Answer The said Governours affirme that they have not dismissed them but in regard they are the Governours substitutes and for that by Law the said Governours are lyable to answer all misdemeanours committed by them And for that the said Opponents have practised to sow sedition betweene the Governours and their Members c. Therefore the Court of Assistants and Livery made an Order for the regulating them and their searchers for the safety of the said Company in the future according to the 5.26 and 43. Ordinances of the said Company Charge 8 That the said Governours doe not put the Lawes of the Realm the Ordinances of the said Company and Orders of the Lord Major and Aldermen in execution against Offenders Answer 1. As by the Law the said Governours may not proceed against their Members before their offence be proved so when due proofe hath beene made of any offence the said Governours have duely proceeded against Offenders according to their respective Oathes 2. The Orders of the Court of Lord Major and Aldermen produced by the Opponents for suing one Richard Fletcher and others in those Orders specified bears date in Anno 1627. and 1630. which was long before these Governours were in place and therefore ought not to be charged therewith Charge 9 That the said Governors purchased a Patent and Contract very destructive to the Trade and Society Answer This Contract the said Governours withstood 3. yeers together and endeavoured their utmost to have avoyded the same which said Contract was by the procurement of the said Governours discharged in July 1640. And as touching that which their Opponents terme a Patent or Monopoly the said Governours doe affirme that the Commonwealth hath beene and at present is very much prejudiced by adulterated insufficient and cheating Wares and Commodities which are thereby inhibited and which had long since beene prevented had not the said Charter beene under restraint by means of their Opponents All which is more fully set forth in the Governours answer to this particular charge received by this Honorable Committee and reade 22. June last unto which together with their former Answer they referre Cause 1 The cause why many Weavers as well as other Tradesmen want imployment is the generall obstruction of Trade that hath been occasioned through the distraction of the times for if there were a free open Trade again