Reasons for the KING, THE duchess of Richmond, and the Farmers, To be offered against the BILL for Transferring the Duties of Subsidy and Aulnage to the Custom-House. The Kings Title and Power to let to Farm. First, THE Aulnager was an ancient Office of the Crown, as appears by Magna Charta, and other Statutes; and his Business was to Measure between the Buyer and Seller; and by the 27 Edw. 3. Cap. 4. his Fee is ascertained to a Half-Penny for a whole Cloath, and a Farthing on half a Cloath: But the Subsidy which is Four Pence on a Broad Cloath, and so proportionably on all Woollen Manufactures was, by other Statutes, given the Crown in Lieu of ancient Customs the Kings of England had on Wool Exported, as appears by Records, and in the 2 d. part of Cooks Institutes, Fol. 60. and not for any Office to be performed by the Aulnager, as is most falsely suggested; and altho' by the Statute of 5& 6 Edw. 6. Cap. 6. and other Statutes, the Office of the Aulnager is transferred to Searchers and Overseers, to be appointed by every County and City, with a Fee of Two Pence a Cloath, for their pains: Yet by those Statutes the Aulnagers Fee is reserved and made part of the Revenue: And these Revenues( with the moiety of Forfeitures) have been Let to Farm above two hundred Years, by virtue of the Stature of the 17 Edw. 4. Cap. 5. which enables the King to let the same to Farm: And the Seal now used( which they would insinuate to signify Nothing) is not the Seal of the Aulnager, which was heretofore a Seal of Content; for his power is taken away by the beforementioned Statutes; but the Seal of the Collector of the Subsidy mentioned in the Statute 27 Edw. 3. Cap. 4. and signifies only the receipt of the Duties; and the Forfeitures is not for want of the Aulnagers Seal, but the Seal of the Collector of the Subsidy. The duchess her Title. Secondly, The duchess of Richmond hath 2000. l. per Annum out of the profits, secured by her Marriage-settlement, and by Decree in Chancery for 7600 l.( by her paid for the over-plus above her jointure, and rent to the Crown to the Executors of the Duke) is a purchaser for valuable consideration of the remainder of a term of Sixty Years to come, purchased from the Crown by the late Duke her Husband in 1664. under the Rent of 997 l. 2. s. to which Rent the same had been reduced by Fines, and other considerations given the Crown, and of a surrender of a former Lease for 60. Years made by King James I. to Lodowick Duke of Richmond for valuable Considerations. The Farmers Title. Thirdly, The present Farmers, for Nine Thousand Pounds Fine, are Purchasers from the duchess, and her Trustees, of the same Duties, for Twenty-One Years, from 1682. under the yearly Rent of 3138 l. The Reason of which Low-Rent, was, That most of the chief Counties, As York, Lancaster, Gloucester, Norfolk, &c. were out in Lease for divers years then to come; and that the Farmers must expend great Sums of Money, before they could Repay themselves any thing( as in Truth they did): The residue of the Term being Twenty-Two Years remaining still solely in the duchess, under the said Rent to the Crown. The recompense Insufficient. These Three Rights appearing thus to be as legally and well vested respectively, as any mans Estate in England, and that under the security of the said Act of Parliament, enabling the King to grant the same, to Farm; The Prosecutors of the Bill will not appear Bare-faced to pray them to be destroyed: But as by the Title of the Bill appears, they call it only, A Bill to Transfer the Duties to the Custom-House, and to give a recompense for the same to the Crown. By which very Title of the Bill they Discover themselves; for if it were only to be Transferred, and not Lessened, or taken Away, What need a recompense for the same? But to show that this Bill is not a sufficient recompense; To the Crown. First, Not to the Crown, for it takes away the said Rent to the Crown, and gives nothing in Lieu thereof. To the duchess. Secondly, Not to the duchess: For the Bill does Impose little or no Duty on the Commodities Exported, more than they now pay, but some of them considerably Less, as by the particulars of the Duties now payable, compared with the Bill appears. Eases the Home Consumption, to lay it on the Exportation. Thirdly, It Discharges all the Commodities consumed at Home absolutely from these Duties, which by Law the Makers are now to pay, and gives a Duty to be paid by the Merchant, only on the goods Exported, which in the times of Peace, and best Trade, were never above a Third part of the Woollen Manufacture made in the Kingdom; and not only in time of War must be far Less, but also by the Increase and Improvement of Woollen Manufactures in foreign parts, the Exportation must yearly Decrease. This, and the former Reasons, are Demonstrations, That what the Bill gives, must fall Short greatly above Two parts of the true Value, besides the Uncertainties. The Charge at the Custom-House as great as Now. The Prosecutors of the Bill would supply this by pretence, that the expenses of Collecting are now great, and will be saved by the Method of the Bill: Whereas they well know, that the Charge at the Custom-House, will be very great: But if they intend it should Depend upon the Collection of the Customs, and by the Custom-House-Officers without Charge, there is no such provision made by the Bill, nor what Officers shall Collect and Account for it, nor can it be expected that ever a just Care or Account can be had from Officers without an Allowance; and its hoped, The Customs but Temporary. they would not have an Estate of Inheritance depend upon what are but Temporary( as the Customs are); for should they Cease five times the Value of these Duties upon exportation would not pay for the Collecting. Two Bills of the same kind, have been brought before Your Lordships, but Your Lordships did not think sit to pass either of them, and the same Reasons still remain. The Dutchesses Pet' to the H. of Com' rejected,& not red. The prosecutors being sensible, those Bills were not a Compensation, have obtained some small Additions of Rates to be added upon such Commodities Chiefly; of which, little is Exported, which likewise( if the House of Commons had been pleased to have heard the Persons interested upon their Peritions, which they Rejected without being red) would have been Demonstrated to that Honourable House, that the said Bill was no manner of Compensation, either in Value, or in point of Remedy. The present clear Yearly Value of the Duties. It hath been and will be made appear unto this most Honourable House, that the Yearly value of the said Duties Amounts to 7000 l. and upwards, clear of all Charge, and that the same is received only for such Manufactures as are Legally liable to the Payment of the said Duties; and that the Rates given by this Bill, The Rates now given, not a Compensation. will Amount to nothing near that Value, besides the Charge of Collection, and all Contingences of Trade and otherwise. It is also Objected, that the Grievances in the Collecting these Duties are so many and great, That the Office and Seal of the Aulnager and Collector of the Subsidy, ought to be taken away. To which it is Answered. Answer to the Complaints in Collect king the Duties. THat nothing has been done, but what the Law Directs for Recovering the Duty; and if any Person has suffered, it was the Default of not paying the Duties( or else using indirect means to avoid the payment of it) there being no power to Search or Seize any Goods, until they are Exposed to Sail, or Sold. The persons Interested willing to submit to a Regulation. But if the present Legal way of Collecting be inconvenient, that is neither an Argument to take away, or lessen the Right, but only to Regulate the manner of Collecting; and all persons concerned, are willing to consent to any Reasonable Proposals for Collecting thereof, so the Legal Duty be continued and secured. The present Duties adjudged Legal. That there is no Duty taken or Demanded, but what is expressly settled by Acts of Parliament, and by ancient Records of 300 Years' and upwards, Adjudged upon them, and particularly by all the Judges of England, 2 Jacobi 1. And by Lord Chief Baron Hales, and other Judges; and which pursuant thereto, were Collected long before the duchess or Farmers were Concerned. The Consideration of the Duties, Beneficial to the Kingdom. If they mean the Seal of the Aulnager to be taken away, that is so already; but if they mean the Subsidy, how comes that to be a Grievance now, which has been paid almost 350 Years, and for the best considerarations? viz. The increase of our Manufacture, by hindering the Exportation of Wool, whereby the Wealth of this Kingdom has so much increased. The True Reason of the Bill. But the True Reason of this Duty being a Grievance, is the Great Contributions that have been raised, and Subscriptions that have been obtained by some persons that are the Prosecutors of the Bill, upon the Express Conditions that the Duty shall be taken from the Clothier, and laid upon the Merchants; and to Support this Undertaking, have obtained Petitions and Letters, to that purpose; and now presume, by their circular Letters, to obtain the like to Your Lordships, And the Dangerous Consequence of it. to incline Your Lordships to the passing of the Bill: Well knowing, if they once absolve the Clothier from payment, and lay it upon the Merchant( as the Bill doth), it will be such a burden on Trade, that it is to be Feared, a Future Parliament may see greater cause to take the Duty Transferred to the Custom-House wholly away, and Consequently all the Estates therein utterly destroyed. Wherefore it is humbly hoped the Bill shall not pass. Reasons for the KING, duchess of Richmond, and the Farmers, against Passing the Bill relating to the Aulnage.