The CASE OF THE CLOTHIERS OF GLOUCESTER-SHIRE AGAINST THE AULNAGERS, HUMBLY OFFERED To the Honourable HOUSE of COMMONS IN PARLIAMENT ASSEMBLED.  
THE Aulnagers have ever since about Christmas was Two Years, demanded of the Clothiers 9 d. per Cloth for Subsidy and Aulnage of Clothes commonly called Gloucester-shire Whites and Reds, and other Clothes of the very same Dimensions and Make; for which never more than 6 d. per Cloth was till about that time paid, or so much as demanded: and though the Clothiers have constantly ever since Christmas was Two Years paid or offered to pay 6 d. per Cloth, as formerly, yet the Aulnagers have caused great quantities of their Clothes of very great Value, to be seized as forfeited, and many times detained them Three or Four Months; and sometimes they open them, and thereby do them great damage; whereby the Clothiers commonly lose their Sale (the Merchants looking upon the Clothes that are opened, as returned Goods) and this is generally done after the usual Seals are fixed on their Clothes, and the Duty of 6 d. paid.  
The Aulnagers (to colour this their Innovation) pretend that about the said Christmas was Two Years they discovered that these Clothes were 44 yards long and upwards, and had a Forrel and the Maker's Mark in the middle; by which the Clothes are cut, and then they become Two entire Clothes, each of which they say by Law ought to pay 4 d. Subsidy, and a halfpenny Aulnage, that is 9 d. each Cloth; for nonpayment whereof they make Seizures as aforesaid.  
An Answer to which Suggestion, first as to the Fact, and next as to what the Law is in this Point, will make a full State of the Case.  
These Clothes do contain when Wet generally (and very seldom otherwise) between 34 and 36 yards in length, and when Strained are between 42 and 44 yards long, and are in breadth when Wet, about 5 quarters and a half, and when Strained are 6 quarters broad; and that the said Forrel has always been used to be made cross the middle of these Clothes breadthwayes, as now it is, and was never known to have been left out; which Forrel is and has always used to be made by the Direction and for the Convenience of the Merchants, both for the more commodious pressing and making up of the Clothes and likewise, that if they be minded to die one half of a Cloth of one Colour, and the other half of another Colour (as they very frequently do) they may the more conveniently part the said Clothes into halfs; But notwithstanding the Forrel, yet the Pieces of the length aforesaid, have been always reputed to make, and do both of them make, but One single, entire Cloth; and have always, till the said Christmas was Two years, paid 6 d. per Cloth as such and no more.  
And that the Aulnagers have but newly discovered this Forrel is improbable, one of them having dealt in these Clothes several years himself, and the Forrel having been always used to be made; And why this Forrel should make them Two Clothes now, when it never did so before the said Christmas was Two years, no reason can be given.  
And that it is not the quantity of these Clothes (which has always been about the same it now is) but only this Forrel, that can be pretended to countenance this New Encroachment, appears in this, That in Worcester-shire there are Clothes made of 40 yard's length and upwards, when Wet, and 6 quarters breadth, which because they have no Forrel in the middle, the Aulnagers allow to be but Single Clothes, and demand but 6 d. per Cloth for them, though larger than Gloucester-shire Whites and Reds, which are but between 34 and 36 yards long, when Wet, and 5 quarters and a half broad, as aforesaid: so that this of itself is a sufficient Demonstration, That no more than 6 d. per Cloth is due: But besides, as to the Matter of Law,  
I. We hope, That these Clothes being of different lengths and breadths from what was ever prescribed for Gloucester-shire Whites and Reds by any Statute, will be taken to be New Drapery, for which the Duty is payable by Weight, and not for Statute Clothes: And if so, than these Clothes being about 72 l. weight apiece, and 4 d. halfpenny being the Duty and Subsidy for 64 l. Weight, 6 d. is at that rate above the full Duty. And the Subsidy being payable by Weight, there would be no need of Opening the Clothes after they are made up; and so the inconvenience that comes by Opening the Clothes will be prevented.  
II. Secondly, Admitting the Subsidy for these Clothes be not to be paid by Weight, but by Measure, yet we insist upon it for Law, That they ought to pay according to Measure when they are Wet, and not when they are Strained and Dry: And the Case as to this Point stands upon the Statute of 4 Jac. 1. & 2. which appoints the Lengths and Breadths of several Clothes, and throughout the whole Statute speaks of Lengths and Breadths when Wet, and of the Weight only when Dry; and the Measure of no Cloth is there mentioned to be taken, when Dry; and particularly Sect. 5. does Enact, That Gloucester-shire Whites and Reds shall contain in length, being Wet, between 26 and 28 yards, and in breadth 6 quarters and a half: And then comes Sect. 24. of the same Statute, and says, That forasmuch as of late it hath been reputed, That a Broad Woollen Cloth should and ought to consist of 24 such Yards and Inches as aforesaid, and not above; and Payments and other Duties have been accordingly demanded and paid for the same: Be it therefore Enacted, That if any Broad Woollen Cloth be made longer or shorter than 24 such said Yards and Inches, all Duties and Payments hereafter to be made for the same, shall be demanded and made proportionable, according to the Rate and Proportion of 24 such said Yards and Inches for a Whole Cloth, and not otherwise. Now if the Measure be to be taken when the Clothes are wet, then 6 d. would be the full Duty and Subsidy for 32 Yards of the Statute Breadth, that is 6 quarters and a half broad; and more than the full Duty, according to that Rate and Proportion for Clothes that are but 5 quarters and a half broad, though they are between 34 and 36 Yards long when Wet, as the Gloucestershire Whites and Reds are.  
III. Thirdly, Admitting the Subsidy ought to be paid by Measure of the Clothes when Dry and Strained, and not when Wet, (though the Statute is plain for Wet Measure) yet Payments being to be made according to the Rate and Proportion of 24 such Yards and Inches as the Statute specifies: And the Statute speaking as to Gloucestershire Whites and Reds of Clothes of the Breadth of 6 quarters and a half when Wet; we think we ought according to that Proportion and Rate, to be allowed a quarter in every Yard, the Clothes Manufactured by us being when Wet but 5 quarters and a half broad; and so proportionably when Dry and Strained.  
There has been a Special Verdict found in the Exchequer, and Judgement upon it, without ever being argued by the Clothier's Council; but it is not thereby determined what the Clothiers ought to pay: For the Special Verdict finds the particular Clothes, that were then seized, to be 44 yards apiece in length, and that 6 d. had been paid for each Cloth; and then concludes specially, that if the Duty ought by Law to be paid by Weight, Then the Clothes were duly sealed and the Duty paid: But if by Law the Duty be to be paid by Measure, Then they find that the Clothes were not duly sealed, nor the Duty paid. So that the Judgement upon this Verdict does not ascertain the Duty, but only adjudgeth the Clothes to be forfeited.