This was written by the merchants Adventurers The Course of the Tare of Cloth in Holland. BY the Ancient Law of the Romans, called Edictum Aedilitium: (of the AEdiles that made it) it was free to the Buyer of any slave or other Merchandise that had any hidden fault, which would not be perceived by ordinary view, to make further visitation of the thing so bought afterwards; and if it proved faulty then, at his choice either to return the same upon the Seller, or else retaining it, to have the defect valued by indifferent persons, and then the value of the faults to be allowed him by the Buyer out of the price. This Law, among many other Laws of the Romans, is currant to this day in Germany, and the Low Countries, yet so, as it is nevertheless free to sell a Commodity, Per aversionem; that is, to be taken with all faults, if the buyer will consent thereunto according to the rule; Quilibet iuri pro se introducto potest renuntiare? The Merchant's Adventurers, trading in Cloth, with the Merchants of Germany, and of the Low Countries, and settling the Rendevouse of their trade in each of these, in one place called their Mart Town, did of ancient time allow abatement unto the Buyers for such faults of their Clothes, (especially for narrowness and shortness,) as were found in the opening of the same, after they came to the Buyers hands, which allowance or abatement was at first made only in their Mart Town, and before the Cloth was wet; in this manner. The Merchant Buyer having in opening of his Cloth in the Mart Town, found them to be too narrow or too short, did forthwith acquaint the Seller, that the Cloth was found to be faulty, whereupon the parties agreed upon two good men, one of each Nation, to visit the Cloth, and to value the faults; which valuation is by the Dutch called Tear: & that being thus made, the Seller was to allow the Buyer the sum so taxed out of the price of Cloth; which Tear & allowance being so made, the Seller made Affadavit thereof before the Secretary of the Fellowship of Merchant's Adventurers, residing in the Mart Town, who gave certificate of the same under the Seal at causes of the Company. By virtue whereof the English Merchant was enabled to recover the said abatement again of the Clothier, that sold him the Cloth here in England. This Tare being thus at first made in the Mart Town, the Dutch Merchants that dwelled in other Towns, pretending haste and want of leisure to visit their Cloth in the Mart Towns, carried it home to the several Towns where they dwelled, where finding defects of length and breadth in the Clothe●, they caused the sworn Measurer of the place to meet them over, and certify the want of length or size under his hand, which certificate being brought to the English Merchant, and being at first for no greater matters than were usually found in the Mart Town, he allowed therefore according to the Rate as the Cloth cost, and made his Affadavit thereof to the English Secretary, and took his Certificate accordingly? After this was down thus in Train, and the Dutch Merchants began to feel the sweetness of these allowances, made greater by the absence of the English Merchants began to feel the sweetness of these allowances, made greater by the absence of the English Merchants, they further proceeded to make abatement for Rimples, Bands, holes, and stopsalles in the Cloth, at their own home. And for the taxing of the true value of these faults, as also of shortness and narrowness, they caused (for better colour of their proceed) an office to be erected in every Town of sworn men to visit English , and to estimate and tax the damage thereby sustained by the Buyer, whereof certificate being brought to the English Merchants in the Mart Town, he was compelled to allow the same, and to seek the remedy of the Clothier here, by such certificate from the Secretary of the Company, as is above mentioned. The course thus settled, the Dutch grew daily to make their Tare more and more unreasonable, the Visitors or Tare-masters favouring those that brought them work, and adding to the Tear not only the salary of their labour, but also the charges of their meeting, which was sometimes a Pot of Wine, two or three, sometimes a dinner, at last what they would spend under colour of that occasion: So that the Tare-masters, and some of the Dutch Merchants bragged, that they had built fair houses, by the benefit of the Tare of English Cloth. The Clothier of England feeling the smart of this Tare, (although he seldom allowed his Merchant the one half of that the same Merchant had paid to the Dutch) complained to the Parliament in the 43. year of Queen Elizabeth; and so prevailed, that it was enacted, that he should not be liable to allow the Merchant any thing upon any certificate brought from foreign parts, yea although he should contract with him to do it. Hereupon the English Merchant fell unto a great and continual loss: the Clothier now making falser Cloth than ever before, and the Dutch Merchant more Tare; so that losing oft, of his principal he complained to the Parliament, b: in the 4. year of his Majesty's Reign that now is, and craved his ancient remedy by certificate, which was denied him: yet it was enacted, to the end he should not be without remedy, that he should have power to visit his Cloth here at home, and to recover of the Clothier, for shortness, narrowness, and want of weight, according to certain rates by the Statute appointed. b: And therefore for a further remedy the Company of Merchant's Adventurers residing at Hamburgh, did in the year 1611, agree and order among themselves, to sell all their Cloth, with this special part and condition in their contract of sale; that they would not be liable to allow any Tare, but such only as should be made in the Mart Town, where they might see how they were dealt withal in the taxing of the faults, and that on●y in the dry Cloth, before that was sophisticated in the wetting. And this order the next year after they established also at Middleburgh, their Mart Town for the Netherlands, and so brought this Tare business to a good reformation. But in the year 1614 the new Company for Dying and Dressing being erected, the Netherlanders soon regained that from them, which the old Company had gotten before, co: and procured an Edict of the States general, that it should be lawful for Tare to be made in any of 28 several Towns in the same Edict mentioned, notwithstanding any contract to the contrary. Now whereas it was by that Edict left free, and by the custom of Merchants usual, that the surplusage of length in any Cloth should be cast in compensation of the defect of dreadth, this also by a new Instruction of the States, touching the Tare cause published in Print Anno 1617.: was taken away: And in this state the Tare cause remaineth to this day, and the Merchant's Adventurers allow for Tare at the least ten thousand pounds a year. And yet further the remedy provided for them by the Act of Parliament 4. jacobi, in stead of their old remedy by certificates, is now by a new Act of this last Parliament taken away: the penalties for defects of Cloth being all given to the poor and the Searchers; but no recompense left to the party damnified. TO THE RIGHT HONOURABLE THE LORDS OF HIS Majesty's most Honourable Privy Counsel. The humble Petition of the Fellowship of the merchant's Adventurers of England. MOst humbly showing that upon complaint heretofore made by the Petitioners of the great wrong and damage sustained by them, and the very Trade of this Land, as well by the unjust Taring and Abatement made by the Merchants of Holland, and other the united Provinces, under colour of defects of the Cloth sold them by the Petitioners; as also by the immoderate Impositions levied by the Lords States general upon English Cloth, yet leaving the Cloth of their own Country free of the same. It pleased this Honourable Board by their letters dated in February, Anno 1624. to recommend the cause to the Right Honourable the Lord Carleton, than Ambassador resident with the said Lords States for his late Majesty of blessed memory, to be by his Lordship negotiated with the said Lords States in his said Majesty's name, and due redress demanded; wherein after his Lordship had accordingly made very good entrance, it pleased his Majesty, that is now to commit the seconding thereof unto the most honourable the Duke of Buckingham, when his Grace went Ambassador extraordinary to the said Lords States, with whom also his Grace dealt effectually herein, as the shortness of the time would then permit. But both his Grace and the said Lord Carleton returning before the cause could be brought to an end, by reason of the delays used by the Dutch party, and his Majesty having sithence until now had no Ambassador there, the Petitioners for the Interim by mediation of your Lordships obtained his Majesty's Royal Letters to the said Lords States to accept of the person of Mr. Misselden, Deputy Governor of the Company of Merchant's Adventurers residing at Delfe in Holland, for the solicitation of the said cause, wherein he hath since accordingly travailed, but as yet without effect: In the mean time the grievance of Tare hath rather increased then otherwise; the Company at Delfe having made an exact Inquiry & collection of such sums as have been abated the last year in this kind, whereof they find the total to be above ten thousand pound, from Decemb: 1625, to Decemb. 1626. Now forasmuch as this grievance of Tare, and the other of Imposition are such as without redress will utterly disable the Petitioners to continue their Trade: And for that they understand that his Majesty hath resolved shortly to send over the Right Honourable the Lord Carleton aforesaid, as Ambassador extraordinary to the said Lords States: The Petitioners humble suit is, that it will please your good Lordships to be a means to his Majesty, that the said causes of Tare and impositions may be committed and given in charge to the said Lord Carleton to be now by his Lordship resumed and pursued to an effectual remedy and conclusion: And the said Mr. Misselden that hath solicited the said causes in the Interim as aforesaid, shall attend his Lordship with full information, as well of that which hath passed in his Lordship's absence; as with whatsoever else shall be requisite on the Merchant part: And the Petitioners shall daily pray.