TO ALL The CLOTHIERS OF ENGLAND. The STATE of the DIFFERENCE between the CLOTHIERS and the CITY of LONDON. TAking notice of a Printed Paper in form of a Petition, said to be presented to the Honourable House of Commons, much complaining against an Act of Common Council, 〈◊〉 made by the City of London; For Regulating the Markets of Blackwellhall, and Leaden-Hall: do upon an impartial Survey and Consideration of each, look upon the Clothiers to be much abused and seduced into the said Complaints by some evil Instruments between them and the City, who labour to make a Difference where none was, or can be, if rightly understood: and having vizzorded their own contemptible Interest (under the Clothier's Name) do carry on their private designs, to the manifest Injury both of the Citizen and Clothier. The matters complained of are chiefly three; First, The Restraining their Clothes to lie 20. days in the Market, except Sold. Secondly, The Raising the Duty of Hallage: And a new Imposition of a Duty for the Lying of their Goods. Thirdly, The Requiring of their Factors to be Approved and Admitted by the Lord Maior and Court of Aldermen, and to enter into a Recognizance of 200 l. that they shall not Buy in, nor Sell out of the Markets any of those Commodities they are Factors in. I shall not meddle with the Cities indubitable Right to make Laws, for Conservation of their own Privileges and Customs; nor Discourse the Legality of this particular Act of Common-Councel, being out of my Sphere, and already done by Learned Council before the Reverend Judges of His Majesty's Court of Common Pleas: But only argue the reasonableness of it from grounds of Common Benefit and Advantage to the Clothiers themselves, That it may appear (as is alleged) that the Clothiers are abused into this Complaint. And First, As to the Restraining their Clothes to lie 20 days in the Market, except sold. Answ. A Clothier bringing his Goods to London to be sold: It will not by any rational Man be presumed, that he brought them so many score Miles with Intent to remove them out of the Market till he had tried it for their Sale two or three Market days at the least: and therefore the City could not imagine they did the Clothier any wrong by letting his Cloth lie in a public Market ready for Sale, with so good Accommodations (that no Citizen of London hath the like) for 20 days: They only intending by that Clause, 1. To abate the Rigour of former Acts of Common Council, which enjoins the lying of their Goods in the Market till they were sold: which though much more severe, yet neither then, or since (till now) was it either counted a grievance by the Clothier, or never complained of as such: Yet the City in Tenderness to the Clothier by this Act, thought a convenient time of 20 days more fitting to be Inserted; that might in some measure obviate the Abuses done to the City on the one hand, and be a Benefit and Advantage to the Clothier on the other. 2. That Foreign Buying and Selling might the better be prevented, which by present Removing of Goods out of the Markets have been sold to Foreigners and Aliens, Dutch, French, Germans, and other Nations, in private places and Warehouses, without all possibility of Discovery, to the almost Ruin of the City's Franchises, and great Discouragement and almost Destruction of Trade in the hands of our own English Merchants. And besides, such private and Clandestine Sales have given the greatest Countenance to the making of such bad and deceitful Cloth, to the general disrepute of our Manufacture in Foreign parts; and raising the Credit, and much advancing the Trade of Forreignmade-Cloth: which in time may have a dangerous tendency to the utter overthrowing of our English Trade, and putting of it into the hands of Aliens and Foreigners. 3. For the Clothier's good, That he may have the Benefit of the public Market, and not have his Goods removed into Holes and Corners to gratify the private designs of his subtle Factors; oft proving to the Clothier's Hindrance, by undervaluing Sales; or to his Hazzard, by Sales to Irresponsible persons: Having no Check upon his Factor as he hath in the public Market, by the Registers that the Act orders to be kept of all Goods brought in, sold, and to whom. These being the ends of the 20 days, how can their Accomplishment (if the time were strictly stood upon, which is not) be any Grievance or Inconveniency to the Clothier? Considering 1. There is no penalty Annexed by the Act upon any Clothier's Removal of his Goods before the 20. days are expired, and their Printed Petition is mistaken that affirms there is. 2. There Goods lies in a public Market, where they are exposed to Sale three days in every Week, to all persons that come into the Halls. 3. They have Security for their Goods all that time, if they should be stolen, or the Markets broke open, or any way miscarry: and no place in London will afford the same. 4. They have most neat Accommodations for the laying up of their Goods, better cannot be in any private House, or Warehouse whatsoever. 5. They are much more safe from all Hazards and dangers of Fire then any Factor's House or Warehouse can be. 6. They pay nothing for all this for three Weeks time (the City intending to take off for the lying for the latter 14. days, as well as for the first Week.) And now I do believe: That there is not an Ingenious Clothier but will acknowledge, That there is never a Market or Fair in England, or in the three Nations, that affords them so much of Conveniency and Safety upon such cheap and easy terms as he enjoys the same within the Markets of the City of London. If the Clothier objects, Why may he not sell his Goods in any place of London, if he shall see Cause? I will only give this short Answer, That such a Permission were not only Irrational in itself, but a palpable Invasion of the Freeman's Right, (and here by the way take notice of that equal Justice, that hath been ever used in the City's Markets) aswell as a privileging of the Foreigner to more than the Freeman hath a Right to, or can claim. All the public Markets of the City are for the Foreigners use: and no Freeman (as such) ought to Invade the Foreigners Right by selling there. All the rest of the City, (the Houses, Shops, and Warehouses of London) are the Freemens-Market, Now there is the same reason, That the Foreigners should not Invade this Right: So that by keeping these distinct, they cannot be hurtful each to other. But to admit a Clothier to Sell in, and out of the Markets too, is to privilege him beyond a Freeman, who hath power of Sales only in the latter. And thus I shall dismiss this first Complaint: As to the Second, The Raising the Duty of Hallage, and new Imposing a Duty for Lying. Answ. I think the falsity of this Clamour best Confuted by setting down in two distinct Columns the Ancient and Present Rates, both for the one and the other; with some Observations upon them: that so by an Impartial Comparing the one with the other, and weighing the Lengths, values of Goods, Times then, and now; a Right Judgement may be had of the thing, and the notorious abusing of the City in this unjust Charge, more palpably discovered. Old Rates for Hallage. 1576. By Act of Common Counsel, 18. Eliz. All Long-Coxall, Long-Suffolke, and Long-Glensford Clothes shall pay— 2 d. 1612. By another Act of Common Counsel, 10 Jac. Every Long-Cloth of Coxal, Glensford, and Suffolk, or any other sort of 30. yards long and upwards, shall pay— 2 d. All under shall pay— 1 d. Manchester-Packs— 8 d. Welsh-Packs paid— 8 d. Devon-Packs paid— 9 d. Devon Bays the piece paid-1 d. ob. Perpetuanaes' and Says paid 1 d. Serges of all sorts the piece paid 1 d. Kerseys were to pay thus, viz. 1 Kersie 1 d. 2 Kersie 1 d. 3 Kersie 1 d. 4 Kerseys 2 d. and so on to 7 Kerseys 2 d. 8 Kerseys 3 d. and so on to 10 Kerseys 3 d. And so the rest in this proportion. Dutch Bays the piece paid 1 d. ob. Bays of all sorts, except Dutch, Devon, and Quinco-Bayes (but including all Wiltshire & Dorsetshire Bays) for each piece— 2 d. Worsted-stockings the 20 pair paid— 2 d. Woollen Stockings for every two dozen paid— 1 d. New Rates for Hallage. All Broad-cloths of what kind or name soever, exceeding 30 yards long— 2 d. All above 20 yards, not exceeding 30 yards long— 1 d. ½ All of 20 yards long and under— 1 d. Manchester Packs— 10 d. The same. Now no rate by the Pack. † Now Devon-Bayes pays— 1 d. The same. The same. All Kerseys, white, died, or mixed, if dozen— ob. If above 12 yards— 1 d. The same. All Wiltshire, and Dorsetshire Bayes pays now— 1 d. All Essex, Suffolk Bays— 2 d. The same. The same. Observe, That by the Statue of 5. and 6. E. 6. no kind of Broadcloth was to exceed 30 yards. So then by the Act of Common Counsel, 18. Eliz. they were to pay— 2 d. Now by the new Act but— 1 d. ob. By the Statute of 4. Jac. no Broad-cloths were to exceed 33 yards most to be under 30 yards; yet by the Act of Common-Councel, 10. Jac. all of 30 yards were to pay— 2 d. Now except above 30-1 d. ob. Note, That Broads are generally made now from 30 to 44 yards, & yet pay but 1 d. ob. or 2 d. † Note, 〈◊〉 abated Note, here's half abated. Old Rates for Lying. 1576. By the Act of 18. Elizabeth, Every Horspack of Devon Kerseys, shall pay weekly so long as they remain unsold— 6 d. All Penistons' and Northern dozen to pay for every single piece weekly— ob. All Hampshire and Northern Kerseys after the rate of every score weekly— 6 d. All Broad-cloths after a months lying over and above their usual Hallage, shall pay for every Cloth weekly— 1 d. Every 3 Kerseys besides their first Hallage, after a months lying shall pay for every week during their remaining there— 1 d. New Rates for Lying. It is Enacted, That for all Clothes and other Commodities lying still in the Markets, Hallage shall be weekly paid, after the first week half so much as was the rate of the first Hallage. So then by this Rate All Clothes, except above 30 yards long, pay but— ¾ If above 30 yards long though 45 yards, as some are, but— 1 d. Three Kerseys, if dozen, now pay but— ¾ Observe. 1. This Duty for Lying, is no Innovation, having been above 86 years. 2. The Clothier or his Agent, hath beyond memory constantly paid it, as will be proved. 3. Though in the Act of Com. Council, 18 Eliz. for several things therein for which a weekly duty is required for Lying; there's no Hallage at first pitching; yet if the rates be well considered, 〈◊〉 rates will come to more for lying only, than what is required by this new Act for hallage & lying. By all which it appears, that the difference between the old and the new rates for Hallage is little other then in form, the new being more abreviated and succinct, taking things in more by their lengths, than names, which is the surer and more equal way, and so the rates will be found to be rather lessened then augmented; and as to the duty itself, it is consonant and agreeable to Toll taken in all Fairs and Markets, and is less than is taken in any Fair or Market in England, (though their Goods be pitched in open places without any shelter from weather, as here) and is no more than every Freeman of London pays for that he buys, by precontract in the Country, or receives in Custom from any Clothier, who hath no benefit (or can have) of selling his Goods in the public Markets as the Clothier hath, and therefore hath more reason to be aggrieved at the [Note.] Duty than he. And as to the Duty for Lying, it is so equal and just a thing that no Ingenious Clothier can complain of it as a burden, when the ensuing benefits he reaps by the same, are seriously weighed and considered: as, 1. He hath his Goods lie in a public Market, and not thrust into a private Corner, as was partly hinted before. 2. He hath security not only for 20 days, but so long as they continue there, so that for a penny, he hath 20 or 30 l. value oftentimes secured to him. 3. He hath conveniency of stowage in the Hall private to himself or his Factor (besides his Market place) with Pile Benches, Tables, and other fitting accommodations, all made and maintained to his hand, at the City's charge. 4. He hath the Halls, Markets, and Warehouses, constantly repaired, which costs great sums yearly, together with Salaries for Officers to attend the Markets, and to Register and look after his goods; all likewise at the City's charge. 5. He hath freedom to ease himself of the charge when he will (without giving warning as is required in all other places of the City) by sale or removal of his Goods, he paying little when he hath little, more when he hath much, nothing when he hath nothing; his payments always bearing proportion to what he hath, and what can be more just and equal? Any of which Privileges no Freeman of London enjoys, and the least of which is of more worth to the Clothier, than what he pays for all; To all which let me subjoin (though not so properly under this head) 6. If the Clothier should remove his Goods to his Factor's house, the very Porteridge to and fro, will cost him more than a fortnight's lying in the Hall, and yet can enjoy none of those privileges in his house that he doth in the Markets. And now let any indifferent man judge whether any thing can be hard upon the Clothier in these respects? and whether he hath not a full pennyworth for his penny? Or whether any Fair or Market in England, can or doth afford him the like accommodations and advantages as he here enjoys for such petty and inconsiderable values as he here pays. I confess I am not apt to think that any Ingenious Clothier whatever should boggle at these petty payments wherein he reaps so real a benefit, and is to so noble, Christian, and Charitable a use as it goes to (when all charges are born) when in other things, for less advantages (and often for real mischiefs) he shall be so generous as to Cram his Factor's pockets with Hundreds by the year. But I shall spare that Generation for the sake of some among them, that I believe are as just and as honest dealing-men as lives by bread, and as true to their principles as their own sons and menial Servants could be; and so shall dismiss this Second Complaint. Their next is, Thirdly, The requiring their Factors to be approved and admitted by the Lord Maior and Court of Aldermen, and to enter into a Recognizance of 200 l. etc. Ans. This, this is that which hath made all this Rattle, and strongly to be suspected hath occasioned all the other Complaints, we never hearing any thing of the Factor's zeal for the Clothier in respect of the other, till he was pressed upon this. And here I would be rightly understood, that what I shall have occasion in the carrying on of this discourse to speak concerning Factors in general, not to mean those Factors whose peaceable and obedient spirits carried them on to a just and ready submission to the City in what was required of them, who deserve a fair and honourable mention; But those who have been the Incendiaries, thus causelessely to inflaim the Clothier against the City, the better to carry on their own By-ends to the prejudice of both. Nor shall I here defend the City's Legal Right to what is required (that more properly belonging to another hand) but show the requisiteness and absolute necessity of it in respect of the Clothier's interest only. As to that of the Lord Mayor and Court of Alderman's approving and admitting of who shall be constant Factors or Brokers (for in that notion I must now take them) in any of their public Markets; I shall give these few Reasons for it. 1. It hath been the constant practice and custom of the City (time out of mind) to allow and admit of persons that make bargains between man and man, and these men must not think that because of late years they have assumed to themselves the more Gentile-name of Factors, therefore the City's privileges, and the Common good thereby, must by that means be so easily evaded and avoided. 2. That their Illimited Numbers may be abated, and room made for the honest Clothier to sell his own goods in, if he hath a mind to it; the Factors of late years, by their great increase and taking of Apprentices to increase more, have quite justled out the Clothier from the Market, for whom it was primarily Intended; or else making him stand by as a useless un-concerned Hangby, while he sells his Goods to whom he pleases, and then receives a reward and Salary for abusing him. 3. To see that they be persons of honest fame and responsible condition, as the better to secure the trust the Clothier reposes in them; so in regard of that security, the City gives the Clothier for his Goods, in the Case of Theft or any miscarriage (as before is hinted) It not being fit that every person that pretends himself a Factor should have opportunity fraudulently to convey away other men's Goods, that the City may afterwards pay for. 4. The City being the proper Judges of any Nuisances arising in their Markets, finding by long experience both the Factors increase and miscarriage (in making the public Market his own private shop to sell his own goods in) to be such both to Buyer and Seller; takes upon them to approve of those that stand or broke between man and man; that the Market may not be Huckstered and Forestalled, but kept Indifferent between Clothier and Citizen. 5. Factory, or Broakery in itself being no Trade, are not Subject to any Rules or Regulations of particular Societies and Companies as Trades are, otherwise then by the Lord Mayor and Court of Aldermen; therefore they ought to have a particular inspection over their persons and ways, to see they do nothing in the excercize of that feat, by combination and confederacies among themselves to the setting of the Market, raising or lowering of the Commodities, to the prejudice of the Subject in General, or of the particular Buyers and Sellers of those Commodities. Now as to their being required to enter into a Recognizance of 200 l. etc. Ans. Here take notice of the Condition of this Recognizance, which is nothing else but that he shall not buy in, or sell out of the Market any of the Commodities that he is a Factor in, and that during so long time (only) that he shall continue a Factor, Hence Note, 1. That the Clothier is no way concerned in the Condition of this Recognizance, this not relating to the Factor as he is the Clothier's Servant, nor restraining him in any thing that is properly the Clothier's Service. His Service being only to sell his Goods in the Market (out of the Market the Clothier ought not to sell himself within the City) which notwithstanding his Recognizance, he is left free to do. 2. That from what the Recognizance restrains him, is only from exercising a By-Trade of his own in those Commodities wherein he is the Clothier's Servant; and if this be not common Justice, the world must seek out new-Rules to shape commerce by; there being nothing more common between man and man, then if a man employs a servant to bind him up from dealing in those Commodities (himself) wherein he is his servant; and ofttimes from dealing in any thing else: that so his Servants time and head may be more occupied in his Master's business, than otherwise by driving several Interests it can be: If this were not, it were impossible to carry on any Trade or Dealing in the Kingdom out of our own hands, the many continual undiscovered Cheats would be so rife upon the Employers, that they could never otherwise be prevented, then by tying up their Factors from using a By-Trade in those Commodities that they are Servants in: for want of which restraint upon the Factors, all those many secret and undoing-mischiefs that hath peeled the Clothier to nothing, hath flowed in upon him, and he knew not what to impute his undoing too; certainly had this been done, the honest Industrious Clothier had found better Markets, better payments, better accounts, better customers, surer debts, better dealing in every kind then of late (since their Factors have been Traders for themselves) they have had; the continuance of the Factor's By-Trade (except Factors be Saints) must necessarily draw upon the Clothier these and many other inconveniencies, 1. The Clothier can never have the true benefit of his Market; as for Instance, A Clothier sends up half a dozen or more of Clothes to his Factor in London to sell for his best advantage: His Factor liking them well, and knowing their request, either buys them all himself, or else culls out the best Colours, and Clothes among them, leaving the refuse to run the hazard of an uncertain Market, to the Clothiers no small loss, he thinking in the Country that he hath 2 or 300 Chapmen looking upon his Goods in the Market, hath indeed only his own single Factor; whose By-Trade hath prompted him, in stead of making the best Market for the Clothier, to make the best Market of the Clothier. 2. As a consequent of this, this By-trading-Factor, makes the Clothier pay Factorage for the mischief he hath done him, for those very Goods he hath bought himself; and in this sense, can truly be said to under-buy any man living; no man having that privilege but himself. 3. He can create a necessity upon the Clothier when he pleases, by keeping his Clothes unexposed from Sale, and so in want of moneys, that (if their Rates be set higher than he would have them) he may the better make his own Markets of them, and have his Goods at his own price, the easier to carry on his own private Trade. 4. He can bring what Debts and Losses he will upon the Clothier, if the Factor hath sold off any Clothier's Goods out of the Market (which before he had taken to his own Account) if the Chapman proves bad or Insolvent, then that's the Clothier's debt; But if good, the Clothier never hears on't, though the Cloth be sold for never so much profit; so that the Clothier stands only to the Losing Trade, his Factor to the Getting. 5. The Factor in Design often keeps the Clothier Ignorant of his Customer to whom he sells his Goods, it may be for a double end; But I'll instance only in one, to make him the more to depend upon himself, that so all Goods that come to the City, may come through the Factor's hands, that thereby they may have opportunities the better to drive the Markets for the benefit of their private Trade. It were endless to innumerate the constant flux of evils that the Factors buying and selling beyond the Clothier's employment will and hath occasioned, but the Clothier knows and feels enough of them, but knows not how to help himself; these are Greivances indeed upon the Clothier, and yet some of these are petty things, to what the Clothier finds; had not his Factor had a By-Trade of buying and selling for himself, as well as for him, he might have got many Hundred pounds into his own purse, which is now crept into his Factor's. Whence is it, that the Clothier (of late years) hath grown poor and the Factor grown rich? The Master declined, and the Servant hath thrived? Is't in the Salary of 3, 4, 5. s. per Cloth that he hath paid to the Factor for selling his Goods? No, no it's the By-Trade, the Trade of the Clothier, not for the Clothier that hath done the Deed, these have been like Moths in his Cloth, that hath eaten him and his Clothes threadbare: And yet now that the Clothier may be secured against these, and the apparent mischiefs that these have brought, is all the hurt the City hath done them, by taking this Recognizance of their Factors, that they shall not buy in, or sell out of the Markets, any of the Commodities that they are Factors for; and in this narrow Compass is the Quarrel between the Clothier and the City brought, I mean what appears; The true Quarrel being only between the Factor and the City, for the Clothier's good, as well as their own from the Clothier, the City hath rather deserved their thanks, than their complaint, and believe from the most Ingenious of them would find it. There may be as much reason given from the City's concernments, why the Factor should be restrained from his By-Trade: (else the Markets will be overthrown as to the City, no man can buy Goods, but through the Factor's Grate, or after he hath made his choice and culled the Market, or at second hand; and this being a notable encouragement for a few Factors to join together, and to engross the best of the Manufacture unto themselves, and thereby spoil the Trade of the rest of the Citizens of London:) But I suppose these and many more inconveniencies that will attend the Citizen in the Market, will be of lesser regard to the Clothier, than his own Interest, therefore shall forbear to say more of it, except provoked by a further occasion. And truly all this discourse I have managed more as an Englishman then a Citizen (which I confess I am) regarding more the Clothier's Interest then the Cities, though cannot eye one without the other they are so twisted and linked together, and well knowing the City hath and ever had a tender regard of the Clothier, and of his concernments, and have been always, and still are, ready to deny themselves in some of their own privileges for their encouragement and accommodation, and will upon any address made unto them (which yet was never done by any one Clothier (that ever I heard of) since the Act was made) be ready to redress any thing that may be found in that, or in any thing else to be unreasonable or hard upon them, and therefore (in Relation to this very Act) dare in behalf of the City, promise the Clothier these three things: 1. That notwithstanding the expression in the Act of their Goods lying in the Market 20 days, except sold; that there's none of their Clothes, that either by wet in coming to Town, or by other Casualties shall be unfit for Sale; But they shall have them out at their pleasures, to fit and dress up for the Market. 2. Or if any Clothier having Goods in the Market, would take up moneys upon them for the supplying his present occasions, He shall have liberty to take them forth, to make them security to any one that he shall borrow money on. Provided these be not used as Artifices to evade the City's Franchises by private selling them out of the Market to Foreigners and Strangers. And further, 3. If the Clothier desires it, they shall have liberty granted them upon any one of the three days, that are not by the Act appointed Market days in every Week, for the space of a whole Forenoon freely to come into any of the said Market places, to See, Count, or lay up their Clothes unsold, the better to make up, and even their Accounts with their Respective Factors; or any thing else, that may be for the dispatch, or Accommodation of their Affairs. And now whether it be the Hospitall-pences, or the Factor's pounds, got by his By-Trade, that wrings, and is a real Grievance to the Clothier, I leave it to Impartial men to judge; with this one consideration (for a Conclusion) to be duly weighed by every ingenious Clothier, which may serve as a demonstration to the verity of what hath been said; The vast and great estates that are got by a sort of men crept in between them and the Buyers of their Commodities, which is all drained out of the Trade by the By, and which must be felt by some body; and were there but the bare consideration of their great numbers of late years Multiplied, and continually increasing by the Apprentices they take, though they were all of plain and honest dealing, yet the very maintenance of them and their several Families (for they are not kept with a small matter) must needs beget a charge upon the Manufacture, that if it do not enhance the price to the Buyers, yet must certainly go out of the Clothier's profit; and so doth necessarily call for the lessening of their Numbers, if not qualifying of their persons. D. S. FINIS.