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 Councel, [...] made by the City of London; For Regulating the Markets of Blackwell-Hall, 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 Clothiers Name) do carry on their private designes, to the manifest Injury both of the Citizen and Clothier.

The matters complained of are chiefly three;

First, The Restraining their Clothes to lye 20. dayes 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 Lawes, for Conservation of their own Priviledges and Customes; nor Discourse the Legality of this perticular Act of Common-Councel, being out of my Sphere, and already done by Learned Councel before the Reverend Jud­ges of His Majesties Court of Common Pleas: But only argue the reasonablenesse of it from grounds of Common Benefit and Advantage to the Clothiers themselves, That it may appear (as is alledged) that the Clothiers are abused into this Complaint. And

First, As to the Restraining their Clothes to lye 20 dayes 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 tryed it for their Sale two or three Market dayes at the least: and therefore the City could not imagine they did the Clothier any wrong by letting his Cloth lye in a publique Market ready for Sale, with so good Accommodations (that no Citizen of London hath the like) for 20 dayes: They only intending by that Clause,

[Page 2] 1. To abate the Rigour of former Acts of Common Councel, which injoynes 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 Tendernesse to the Clothier by this Act, thought a convenient time of 20 dayes 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 Forraign Buying and Selling might the better be prevented, which by present Removing of Goods out of the Markets have been sold to Forraigners and Aliens, Dutch, French, Germans, and other Nations, in private places and Warehouses, without all possibility of Discovery, to the almost Ruine of the Cities 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 Forreign 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 Forraigners.

3. For the Clothiers good, That he may have the Benefit of the publique Market, and not have his Goods removed into Holes and Corners to gratifie the private designs of his subtile Factors; oft proving to the Clothiers Hinderance, by undervaluing Sales; or to his Hazzard, by Sales to Irresponsible persons: Having no Check upon his Factor as he hath in the publique 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 dayes, how can their Accomplishment (if the time were strictly stood upon, which is not) be any Greivance or Inconveniency to the Clothier? Considering

1. There is no penalty Annexed by the Act upon any Clothiers Removal of his Goods before the 20. dayes are expired, and their Printed Petition is mistaken that affirms there is.

2. There Goods lyes in a publique Market, where they are expos'd to Sale three dayes 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 stollen, 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 Hazzards and dangers of Fire then any Factors 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. dayes, 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 easie terms as he enjoyes 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 it self, but a palpable Invasion of the Freeman's Right, (and here by the way take notice of that equal Justice, that hath been ever us'd in the Cities Markets) aswell as a priviledging of the Forraigner to more then the Freeman hath a Right to, or can claim. All the publique Markets of the City are for the Forraigners use: and no Freeman (as such) ought to Invade the Forraigners 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 Forraigners 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 priviledge him beyond a Freeman, who hath power of Sales only in the latter. And thus I shall dismisse this first Complaint: As to the

Second, The Raising the Duty of Hallage, and new Imposing a Duty for Lying.

Answ. I think the falsitie of this Clamour best Confuted by setting down in two distinct Col­lumns 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.

• [Page 3]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 Suffolke, 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 Sayes paid 1 d.
• Serges of all sorts the piece paid 1 d.
• Kersies were to pay thus, viz.
• 1 Kersie 1 d. 2 Kersie 1 d. 3 Kersie 1 d. 4 Kersies 2 d. and so on to 7 Kersies 2 d. 8 Kersies 3 d. and so on to 10 Kersies 3 d. And so the rest in this proportion.
• Dutch Bays the peice paid 1 d. ob.
• Bayes of all sorts, except Dutch, Devon, and Quinco-Bayes (but in­cluding all Wiltshire & Dorsetshire Bayes) for each piece—2 d.
• Worsted-stockings the 20 paire paid—2 d.
• Woollen Stockings for every two dozen paid—1 d.

• All Broad-Clothes 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 Kersies, white, dyed, or mixt, if dozens— ob.
• If above 12 yards—1 d.
• The same.
• All Wiltshire, and Dorsetshire Bayes payes now—1 d.
• All Essex, Suffolk Bayes—2 d.
• The same.
• The same.

• That by the Statue of 5. and 6. E. 6. no kind of Broad-Cloth 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-Clothes 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.

• 1576. By the Act of 18. Elizabeth, Every Horspack of Devon Kersies, shall pay weekly so long as they remain unsold—6 d.
• All Penistons and Northern do­zens to pay for every single piece weekly— ob.
• All Hampshire and Northern Kersies after the rate of every score weekly—6 d.
• All Broad-Clothes after a months lying over and above their usual Hallage, shall pay for every Cloth weekly—1 d.
• Every 3 Kersies besides their first Hallage, after a months lying shall pay for every week during their remaining there—1 d.

• 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 Kersies, if dozens, now pay but—¾

• 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. Councel, 18 Eliz. for several things therein for which a weekly duty is required for Lying; ther's no Hallage at first pitching; yet if the rates be well considered, [...] rates will come to more for lying only, then what is required by this new Act for hallage & lying.

[Page 4] 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, then names, which is the surer and more equall way, and so the rates will be found to be ra­ther lessened then augmented; and as to the duty it self, it is consonant and agreeable to Toll taken in all Fairs and Markets, and is lesse then 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 then every Freeman of London payes for that he buys, by pre-contract in the Country, or receives in Custome from any Clothier, who hath no benefit (or can have) of selling his Goods in the publick Markets as the Clothier hath, and therefore hath more reason to be agrieved at the [Note.] Duty then he.

And as to the Duty for Lying, it is so equall 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 lye in a publick Market, and not thrust into a private Corner, as was partly hinted before.

2. He hath security not only for 20 dayes, but so long as they continue there, so that for a penny, he hath 20 or 30 l. value oftentimes secur'd 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 Cities charge.

4. He hath the Halls, Markets, and Ware-houses, constantly repaired, which costs great sums yearly, together with Sallaries for Officers to attend the Markets, and to Register and look after his goods; all likewise at the Cities charge.

5. He hath freedome 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 removall of his Goods, he paying little when he hath little, more when he hath much, nothing when he hath nothing; his payments alwayes bearing propor­tion to what he hath, and what can be more just and equall? Any of which Priviledges no Freeman of London enjoyes, and the least of which is of more worth to the Clothier, then what he payes 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 Factors house, the very Porteridge to and fro, will cost him more then a fortnights lying in the Hall, and yet can enjoy none of those priviledges 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 injoyes for such petty and inconsiderable values as he here pays. I confesse I am not apt to think that any Inge­nious Clothier whatever should boggle at these petty payments wherein he reaps so reall 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 lesse advantages (and often for reall mischiefs) he shall be so generous as to Cram his Factors 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 meniall Servants could be; and so shall dismisse 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. &c.

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 Factors zeal for the Clothier in respect of the other, till he was prest 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 generall, 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 Cities Legall Right to what is required (that more properly belonging to another hand) but shew the requi­sitenesse and absolute necessity of it in respect of the Clothiers interest only.

As to that of the Lord Mayors and Court of Aldermens approving and admitting of who shall be constant Factors or Broakers (for in that notion I must now take them) in any of their publique Markets; I shall give these few Reasons for it.

[Page 5] 1. It hath been the constant practice and custome 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 Cities priviledges, 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 uselesle un-concerned Hangby, while he sells his Goods to whom he pleases, and then receives a reward and Sallary 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 mens Goods, that the City may afterwards pay for.

4. The City being the proper Judges of any Nusances arising in their Markets, finding by long ex­perience both the Factors increase and miscarriage (in making the publique 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 broak 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 it self being no Trade, are not Subject to any Rules or Regulations of perti­cular Societies and Companies as Trades are, otherwise then by the Lord Mayor and Court of Alder­men; therefore they ought to have a perticular inspection over their persons and wayes, 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 perticular Buyers and Sellers of those Commodities.

Now as to their being required to enter into a Recognizance of 200 l. &c.

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 Clothiers Servant, nor restraining him in any thing that is properly the Clothiers 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 Clothiers 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 imploys a servant to bind him up from dealing in those Commodities (himself) wherein he is his servant; and oft-times from dealing in any thing else: that so his Servants time and head may be more occupied in his Masters businesse, then otherwise by driving severall In­trests it can be: If this were not, it were impossible to carry on any Trade or Dealing in the King­dome out of our own hands, the many continuall undiscovered Cheats would be so rife upon the Imployers, 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 peel'd 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 accompts, 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 Factors 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 buyes them all himself, or else culls out the best Colours, and Clothes among them, leaving the refuse to run the hazzard of an uncertain Market, to the Clothiers no small losse, he thinking in the Countrey 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.

[Page 6] 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 truely be said to under-buy any man living; no man having that priviledge 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 then 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 Clo­thiers Goods out of the Market (which before he had taken to his own Accompt) if the Chapman proves bad or Insolvent, then that's the Clothiers 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'le 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 Factors hands, that thereby they may have opportunities the better to drive the Markets for the benefit of their private Trade.

It were endlesse to innumerate the constant flux of evils that the Factors buying and selling beyond the Clothiers imployment 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 thriv'd? Is't in the Sallary 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 Moaths in his Cloth, that hath eaten him and his Clothes thread-bare: 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 Compasse is the Quarrell between the Clothier and the City brought, I mean what appears; The true Quarrel being only between the Factor and the City, for the Clothiers good, as well as their own from the Clo­thier, the City hath rather deserved their thanks, then their complaint, and beleive from the most Ingenious of them would find it.

There may be as much reason given from the Cities 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 Factors Grate, or after he hath made his choise and cull'd the Market, or at second hand; and this being a notable encouragement for a few Factors to joyn together, and to ingrosse 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, then 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 English-man then a Citizen (which I confesse I am) regarding more the Clothiers Interest then the Cities, though cannot eye one without the other they are so twisted and link'd to­gether, and well knowing the City hath and ever had a tender regard of the Clothier, and of his con­cernments, and have been alwayes, and still are, ready to deny themselves in some of their own pri­viledges for their encouragement and accommodation, and will upon any addresse 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 redresse 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 dayes, ex­cept sold; that there's none of their Clothes, that either by wet in coming to Town, or by other Casualties shall be unfitted for Sale; But they shall have them out at their pleasures, to fit and dresse 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 Cities Franchizes by private selling them out of the Market to Forraigners and Strangers. And further,

3. If the Clothier desires it, they shall have liberty granted them upon any one of the three dayes, that are not by the Act appointed Market dayes in every Week, for the space of a whole Forenoon freely to [Page 7] 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 Accompts with their Respective Factors; or any thing else, that may be for the dispatch, or Accomodation of their Affairs.

And now whether it be the Hospitall-pence, or the Factors pounds, got by his By-Trade, that wrings, and is a reall Grievance to the Clothier, I leave it to Impartiall men to judge; with this one consideration (for a Conclusion) to be duely 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 dreyned 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 Multiplyed, and continually encreasing by the Apprentices they take, though they were all of plain and honest dealing, yet the very maintainance 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 inhaunce the price to the Buyers, yet must certainly go out of the Clo­thiers profit; and so doth necessarily call for the lessening of their Numbers, if not Quallifying of their persons.