THE CASE OF THE Makers and Wholesale Traders in the Manufacture of English Bone-Lace.
BY an Act of Parliament held in the Eighth and Ninth Years of King William III. Ch. 24. which has been since continued by several subsequent Acts; it was Enacted, That there should be paid to his said Majesty, his Heirs and Successors, by every Hawker, Pedlar, Petty-Chapman, and every other Trading Person going from Town to Town, or to other Mens Houses, and travelling either on Foot, or with Horse, Horses, &c. (except as therein is excepted) carrying to Sell, or exposing to Sale, any Goods, Wares, or Merchandises, the Yearly Sum of 4 l. And upon Payment, or giving Security for the Duty in such manner as is thereby directed, a License was to be granted to him or her, so to Travel or Trade.
And if any such Hawker, Pedlar, &c. should be found Trading as aforesaid, without such License; such Person should for every Offence forfeit 12 l. one Moiety to th e Informer, the other to the Poor of the Parish: Which Penalty was by Warrant from a Justice of the Peace, to be levied by Distress and Sale of the Offender's Goods.
Provided, That the said Act should not extend to hinder the real Workers or Makers of Goods, &c. from carrying abroad, or exposing to Sale, any Goods of his or her making, in any Mart, Fair, Market, or elsewhere.
The Makers and Wholesale Traders in English Bone-Lace, most of them living in the Counties of Bucks, Bedford, and other adjacent Counties, usually come to London once a Week to the Lace-Chambers, where they have fixed certain Shops and Standings. And sometimes it so happens, that they carry some Goods to the Houses or Shops of Milliners, and other Retailers, who are their Customers: For which some of the said Makers, and Wholesale Traders, have been informed against, and forced to pay the Penalty of 12 l. altho' it is apprehended, that they are not Hawkers, Pedlars, or Petty-Chapmen, within the Meaning of the said Act, for the Reasons following:
I. That by the said Act, such only were intended, who had no fixed Shops, or Standings, where they carried on their Trades; but carried them on chiefly (if not altogether) by travelling from Place to Place. But the same was not intended to extend to those that chiefly or constantly kept and traded in certain Shops or Standings, and only casually carried out some Goods to the Houses or Shops of their Customers.
II. That those who Sell by Wholesale to the Retailers, were never intended by the said Act to be obliged to take Licenses, but only such as go from Place to Place to Sell their Goods by Retail: And only such can be intended or described by the Names of Pedlars, or Petty-Chapmen.
III. That they being Makers, as well as Wholesale Sellers of their Manufacture, are exempted by the above-mentioned Clause in the said Bill.
N.B. That soon after the making the said Act, viz. March 13. 1698. upon the Petition of Edward Hooton preferred to the House of Commons, complaining of the Hardships put upon them, as aforesaid. The Consideration of the said Petition was referred to a Committee: Which Committee made their Report. And thereupon it was resolved, That the Workers of Bone-Lace, his, her, or their Children, Apprentices, Servants, or Agents; and all Wholesale Dealers in the said Manufacture, tho' they go about from Shop to Shop to any of their Customers who sell the same by Retail again, shall not be deem'd Hawkers and Pedlars, by the said Act of the Ninth and Tenth of his Majesty's Reign.
The said Makers and Wholesale Traders having lately been disturbed and prosecuted upon the Pretences aforesaid, a Bill is now depending for their Relief.