THE CASE OF The Executors, Creditors, and Legatees of the late Countess of Portland, claiming under a Patent Licensing the Exportation of White Clothes.
KING Charles the 2d did renew this Grant for Licensing the Exportation of White Clothes, undressed and undyed, to Sir James Hayes and Sir Peter Apsley intrust for the said late Countess, which was first Granted in Queen Elizabeth's Raign to the Merchants Adventurers, and by King James the 1st. to the Duke of Lenox the said Countess Father.
The Duty taken for such License of the Hamburgh Company for each Cloth is but 16 d. and of other Merchants as they and the Patentee could agree, the highest not exceeding 5 s. but generally they do not take above 2 s. and 6 d. for each Cloth, the whole Produce not amounting to 400 l. a Year.
The Crown was indebted to the said Countess at her death above 8000 l. upon another Grant setled upon a valuable Consideration, and which she esteemed a good Debt, and accordingly contracted several great Debts, in hopes that it might be received, but the Executors neither have received any part of it, or are in hopes so to do.
The greatest part of this Duty which was intended by the said Countess to support some of her poor Relations and old Servants that depended wholly upon her in her life time, has been applyed towards the payment of Debts, of which several are yet to pay, so as those poor Relations and Servants who are in distress for want of receiving their Annuities; but if quite deprived thereof, must become chargeable either to the Parish or Friends.
As this Patent has been of so long continuance, and never complained of for undue practice, or that the duty taken was ever thought any burthen to the Merchant Exporter, the number whereof is but about 5000 that are yearly Exported, and those chiefly by the Hamburgh Company, the Patent having nothing to do with Serges, Kersys, or any of the new Drapery, nor with any other Clothes but only those that are not fully Manufactured.
It is humbly hoped that the Wisdom of this Honourable House will not conceive, that the taking away this Duty, can be any sensible advantage to the Manufactury in General, but will rather consider how sensible a loss it will be to those whose Subsistence depends upon it, and give leave according to the Prayer of their Petition, that a Clause (may be inserted) in the Bill for taking away the Duties on the Wollen Manufactures Exported, to secure their Right and Property for the remainder of the Term yet to come of the said Patent, which is about eight Years.