A Brief account of the evidence given on behalf of Edmund Warner at a tryal had at the Bar the 24th of November, 1693 before the four barons of the Exchequer, relating to a parcel of potters clay seized by the Custom-House officers under the pretence of its being fullers earth

A Brief account of the evidence given on behalf of Edmund Warner at a tryal had at the Bar the 24th of November, 1693 before the four barons of the Exchequer, relating to a parcel of potters clay seized by the Custom-House officers under the pretence of its being fullers earth

Table of contents

A Brief Account of the Evidence given on behalf of Edmund Warner, at a Tryal had at the Bar the 24th of November, 1693. before the Four Barons of the Exchequer, relating to a Parcel of Potters Clay, seized by the Custom-House Officers, under the pretence of it's being Fullers Earth.

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A Brief Account of the Evidence given on behalf of Edmund Warner, at a Tryal had at the Bar the 24th of November, 1693. before the Four Barons of the Exchequer, relating to a Parcel of Potters Clay, seized by the Custom-House Officers, under the pretence of it's being Fullers Earth.

William Riddal SWore that he was Steward and Tenant to the said Warner for above 20 Years, in all which time the said Warner constantly sold to the Potters in London considerable quantities of the same sort of Clay now in dispute, for the making of White and Painted Earthen-Ware: That he never knew or heard that the least Parcel of it was ever sold as Fullers-Earth, or put to any other Use than making Earthen-Ware, excepting some small quantities yearly in the Neighbourhood for daubing of Houses, which may be alledged as a good Argument that the said Clay is not of the nature of Fullers-Earth; for, whereas this makes the best Clay Wall in England, if it were of the nature of Fullers-Earth, upon the first wet Weather it would all fall to the Ground: He likewise farther deposed, That the first time the said Warner shipt the said Clay for Holland, it was seized by the Custom-house Officers as Fullers Earth; but upon Tryal of it, they were convinced of their Error, and cleared the same.

William Knight, Thomas Harper, Henry de Wilde, John Robins. Moses Johnson, Are all Potters in London, and swore that they had all seen the said Warner's Clay, which was seized, that it was really Potter's Clay, and of the same sort which they had constantly bought of him, some for above 25 Years, others ever since they were Traders, that it is of a quite different nature from Fullers Earth; for the said Warner's Clay tho' never so often dissolved in Water, may be brought into a Body again, and will work, like Wax, into any shape, whereas Fullers Earth being once dissolved is never to be got into any Body, but when it is dry crumbles like Sand, and all the art of Man can never make a Pot of it.

Hen. de Wilde, one of the said Potters farther deposed, That about five Years since he shipt some of the said Warner's Clay for Pensilvania, where his Son had set up a Pot-House, that the Custom-House Officers did then likewise seize it as Fullers Earth, but upon Trial of it found they were mistaken, and cleared the same.

Benjamin Furly, Merchant in Rotterdam, to whom the said Warner consigned his Clay. John Sonman, Servant to the said Furly. Were, by virtue of a Commission from the Court of Exchequer, examined upon Oath, (by Commissioners appointed for that purpose) to several Interrogatories, and their Depositions being read in Court, did plainly prove that all the said Warner's Clay which was sent for Holland was really sold to Potters for making of Earthen-Ware, That they never heard, nor do believe that any part of it was ever used for the Fulling Trade, or is any way proper for it; that they sold the said Warner's Clay from 25 to 30 Guilders a Last, when they could buy Fullers-Earth at 7 Guilders a Last.

Adrian Van Arde, sworn Measurer of all the Earth and Clay imported to Rotterdam. Was examined by vertue of the said Commission, and Deposed, That for many Years which he had been in that Office, he never knew or heard of any English Fullers-Earth imported into Holland, that they were so plentifully supplied with that sort of Earth from Flanders; that it is commonly bought and sold at Seven Guilders a Last, and had an Hundred Last by him to sell at the same Rate.

Ten or Twelve Potters in Holland. Were likewise examined by virtue of the said Commission, and deposed severally, That they had bought considerable quantities of the said Warner's Clay of Mr. Benj. Furly, and paid for the same from 25 to 30 Guilders a Last; that they used the same in making Earthen-Ware▪ but do not believe it any way useful for the Fulling Trade, nor never heard that any of it was ever sold for that use.

Colonel Holt, a Member of Parliament. Swore, That he (being very lately in Holland) made the strictest inquiry into the Truth of this Business, that he could, First amongst the Potters, who all declared to the same Effect, as in their Depositions before mentioned, that he likewise took some of the said Warners Clay, and got a Fuller to try it,whether it were any way useful for their Trade, who answered it was not? nor could he use it if he might have it for Nothing; after which the Colonel ask'd him, From whence they were supplied with Fullers-Earth, and at what Rates? The Fullers answered, generally from Flanders at 6 ½, and 7 Guilders per Last; and sometimes from Rosendale, in the States Dominions, at 10 Guilders per Last; that being much dryer, and wasted less by lying; all which the Colonel (being unwilling to believe upon the Fuller's bare word) caused to be drawn up in the Form of an Affidavit, and the Fuller before a Magistrate, swore to the Truth of it, which Affidavit the Colonel hath to produce.

Mr. Edward Paget, a Divine. Swore, That he being in Holland at the same time, made the like Enquiry amongst the Fullers at Layden, the chief cloathing Town in Holland, who all gave him the same Information, that the Fuller at Rotterdam had done the Colonel above▪ and for his better satisfaction, Three of the Chiefest went with him before a Magistrate, and swore to the Truth of what they Affirmed; after which he went to Delfe amongst the Potters, who all affirmed the same thing, that the Ten or Twelve had sworn in their aforementioned Depositions, the Truth of which they attested by a Certificate, under the Hands of above Twenty, which Affidavits, and Certificate, the said Paget hath to produce.

Rich. Cutler, Matthew Hanson, Ship-brokers. Will. Read, Tho-Wood, John Saliby, Mariners. Swore, They had hired many Ships for the said Warner, to load Clay for Rotterdam; and the general Price of the Fraight, and Primage paid for the same, was 15 Guilders, 8 Stivers per Last; and sometimes 17 Guilders, 12 Stivers per Last.

Swore, They had the same Prices above mentioned, for several Fraights which they carried, and saw delivered to the Potters in Holland.

Hump. Bellomy, Richard Hopkins, Timothy Fowler,—Shepherd, Worcester. Are all Buyers, and Sellers of Fullers-Earth, and swore they could well judge of the same, having dealt therein from Ten to above Twenty five Years, that they all took Samples of the said Warner's Clay, out of the King's Celler, and tryed all the Experiments, to judge of it, that they were capable of; and possitively affirmed that it was no Fullers-Earth; neither could they find any thing of the Nature of Fullers-Earth in it, that for their Use they would not give a Shilling for 100 Last, for they should never be able to sell it.

Alderman Bearcraft, Tho. Cooksey, John Wynn, Rowl. Hancock. Glocestershire. Rich. Osborne, Tho. Woorrel, John Chilton, Sam. Beadle. Essex. Simon Meazy, John Lawson, John Backer, John Peartree. Suffolk. John Clarke Senior, John Clarke Junior, Will. Baines, Tho. Baines, Dan. Baines, John Smith, John Carter, Dan. Wenden, Sam. Wrinch. London. Dan. Barrs, John St. Berry. Are all Clothiers, Fullers, and Cloth-Workers; being the most Eminent in their several Places; as well for Honesty, as great Traders, and good Estates; they all swore they had made the most impartial Experiments they could of the said Warner's Clay, now in dispute, being the same taken out of the King's Celler, that they tried it upon several sorts of Goods, as several sorts of Cloth, Bays, Cloth-Serges, and Perpetuanaes, and every one possitively affirmed that it was no Fuller's-Earth, but on the contrary, was an absolute Enemy to the Woollen-Manufacture; for instead of scowring, it fix'd the Grease in the Grownd of all the Goods, that were done with it; and instead of makeing them White, it absolutely stained them Yellow, all which was apparent to the most common Eye, in all the above said several sorts of Goods, produced in Court: They likewise declared upon Oath, that they were all Strangers to the said Warner; and that it was as prejudicial to their Interest, to have Fullers-Earth Transported, as any mens, and therefore could have no Inducement to favour the said Warner, beyond the Merits of his Cause, to the Violation of their Consciences.

This is so just a Recital of the Evidence given on behalf of the said Warner, that he challenges the greatest of his Enemies to detect him of the least Falsehood therein; and if his Adversaries had been as fair in representing theirs, there would have been no need of this; for whereas in their printed Papers, they make their Witnesses to affirm the said Warner's Clay was tried in all Experiments, without any mixture, there was not above One or Two, but upon cross Examination at the Tryal, owned they used either Segg and Hogs-dung, or Soap and Gauls with it, which would have scowered any Cloth better without the said Clay than with it.

It may not be amiss likewise to observe that for a whole Year in which the Custom-House Officers have been so very diligent in spreading the Fame of the said Warner's Clay to be the best Fullers-Earth in England, he hath not been able to sell the least quantity of it as such, tho' he has proffered it to all Men for a very little more than one Third of what Fullers-Earth is generally sold for.

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Title statement

A Brief account of the evidence given on behalf of Edmund Warner at a tryal had at the Bar the 24th of November, 1693 before the four barons of the Exchequer, relating to a parcel of potters clay seized by the Custom-House officers under the pretence of its being fullers earth

Edition statement

1693

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2007-01 (EEBO-TCP Phase 1).

ID [DLPS]

A29403

ID [STC]

Wing B4506

ID [STC]

ESTC R8484

ID [EEBO-CITATION]

11982380

ID [OCLC]

ocm 11982380

ID [VID]

51881

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A29403)

Transcribed from: (Early English Books Online ; image set 51881)

Images scanned from microfilm: (Early English books, 1641-1700 ; 56:14)

Source

— A Brief account of the evidence given on behalf of Edmund Warner at a tryal had at the Bar the 24th of November, 1693 before the four barons of the Exchequer, relating to a parcel of potters clay seized by the Custom-House officers under the pretence of its being fullers earth,

Extent

1 sheet ([1] p.)

s.n.],. [S.l. :: 1693..

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