The Project Gutenberg eBook of English Economic History, by Bland, Brown and Tawney.

Seventeenth Impression
First published October, 1914

Printed in Great Britain by Jarrold & Sons, Limited, Norwich

INTRODUCTION

[Pg v]The object of this book is to supply teachers and students of English Economic History with a selection of documents which may serve as illustrations of their subject. It should be read in conjunction with some work containing a broad survey of English economic development, such as, to mention the latest and best example, Professor W.J. Ashley's "The Economic Organization of England."[1] The number of historical "source books" has been multiplied so rapidly in recent years that we ought, perhaps, to apologise for adding one to their number. We ventured to do so because in the course of our work as teachers of Economic History in the University Tutorial Classes organised by the Workers' Educational Association, we found it difficult to refer our students to any single book containing the principal documents with which they ought to be acquainted. That Economic History cannot be studied apart from Constitutional and Political History is a commonplace to which we subscribe; and we are not so incautious as to be tempted into a discussion of what exactly Economic History means. It is sufficient for our purpose that a subject which is called by that name is being increasingly studied by University students, and that while the principal documents of English Constitutional History are available in the works of Stubbs, Prothero, Gardiner and Grant Robertson, there is no book, as far as we know—except Professor Pollard's "The Reign of Henry VII. from Contemporary Sources"—which illustrates English economic development in a similar way. We are far from comparing our own minnow with these Tritons. But it may perhaps do some service till more competent authors take the field. It is hardly necessary for us to apologise for translating our documents into English, and for [Pg vi]modernizing the spelling throughout. We are likely not to be alone in thinking that it would be a pity if a passing acquaintance with the materials of mediæval economic history were confined to those who can read Latin and Norman-French.

A word of explanation as to the selection and arrangement of our extracts may perhaps be excused. Our object was not to produce a work of original research, but to help students of economic history to see it more intelligently by seeing it through the eyes of contemporaries. Hence, though a considerable number of our documents are published here for the first time, we have not consciously followed the lure of the unprinted, and have chosen our extracts not because they were new, but because they seemed to illustrate some important aspect of our subject. For the same reason we have not confined ourselves entirely to "documents" in the strict acceptation of that term, but have included selections from such works as Roger of Hoveden, The Libel of English Policy, The Commonweal of this Realm of England, Hakluyt's Voyages, and the Tours of Defoe and Arthur Young, when they seemed to throw light upon points which could not easily be illustrated otherwise. The arrangement of our selections caused us some trouble. It is, perhaps, hardly necessary to urge that a document must be studied with reference to its chronological setting; and the simplest plan, no doubt, would have been to print them in strict chronological order. We felt, however, that the work of all but the more expert readers would be lightened if we grouped them under definite, even if somewhat arbitrary, headings of period and subject, and added short bibliographies of the principal authorities. This seemed to involve the writing of short introductory notes to explain the contents of each section, which we have accordingly done. But no one need read them. No one but students beginning the subject will. If an excuse is needed for stopping with the year 1846, we must plead that to end earlier would have been to omit documents of the first importance for the study of modern economic history, and that to continue further would have caused our book to be even more overburdened than it is at present.[Pg vii]

That the attempt to produce in one volume a satisfactory selection of documents to illustrate English Economic History from the Norman Conquest to the Repeal of the Corn Laws can hardly be successful, that we have neglected some subjects—taxation, colonization, and foreign trade—and paid excessive attention to others—social conditions, economic policy, and administration—that every reader will look for a particular document and fail to find it, of all this we are sadly conscious. We are conscious also of a more serious, because less obvious, defect. Partly through a pardonable reaction against the influence of economic theorists, partly because of the very nature of the agencies by which historical documents are compiled and preserved, the natural bias of economic historians is to lay a perhaps excessive stress on those aspects of economic development which come under the eyes of the State and are involved in its activity, and to neglect the humbler but often more significant movements which spring from below, to over-emphasize organisation and to under-estimate the initiative of individuals. If a reader of these selections exclaims on putting them down, "How much that is important is omitted!" we can only confess ourselves in mercy and express the hope that they may soon be superseded.

It remains for us to thank those who have helped us with suggestions and criticisms, or by permitting us to reprint extracts from documents already published. We have to acknowledge the kind permission to reprint documents given to us by the Clarendon Press, the Cambridge University Press, the London School of Economics, the Department of Economics of Harvard University, The Royal Historical Society, The Early English Text Society, the Co-operative Union, Ltd., the Controller of H.M. Stationery Office, the Corporation of Norwich, the Corporation of Nottingham, Messrs. Kegan Paul, Trench and Trübner, Messrs. Duncker & Humblot, Dr. G. von Schanz, Professor G. Unwin, Professor F.J.C. Hearnshaw, The Rev. Canon Morris, Miss M.D. Harris, Mr. and Mrs. J.L. Hammond and Mr. F.W. Galton. Among those who have assisted us with suggestions or in other ways we must mention Mr. Hubert Hall, Mr. M.S. Giuseppi, Mr. [Pg viii]S.C. Ratcliff, all of the Public Record Office, The Ven. Archdeacon Cunningham, Mr. W.H. Stevenson, of St. John's College, Oxford, Mr. A. Ballard, Miss Putnam, Mr. R.V. Lennard, of Wadham College, Oxford, Mr. K. Bell, of All Souls' College, Oxford, Mr. H. Clay, Mr. F.W. Kolthammer, Miss O.J. Dunlop, Miss H.M. Stocks, and Mr. and Mrs. J.L. Hammond. For reading our proofs, or part of them, we are indebted to Mr. E. Barker, of New College, Oxford, Mr. C.G. Crump and Mr. C.H. Jenkinson, of the Public Record Office, Dr. Knowles, of the London School of Economics, and Professor G. Unwin, of the University of Manchester.

We desire especially to express our gratitude to Mr. A.L. Smith, of Balliol College, Oxford, to whose encouragement it was largely due that this book was undertaken, and to Professor Unwin, who has not only read through the whole of it in proof, but by his advice and inspiration has laid us under an obligation that we cannot easily acknowledge.

PART I: 1000-1485

SECTION I

1. Rights and Duties of All Persons [Rectitudines singularum personarum], c. 1000—2. The form of the Domesday Inquest, 1086—3. The borough of Dover, 1086—4. The borough of Norwich, 1086—5. The borough of Wallingford, 1086—6. The customs of Berkshire, 1086—7. Land of the Church of Worcester, 1086—8. The manor of Rockland, 1086—9. The manor of Halesowen, 1086—10. The manor of Havering, 1086.

The task of reconstructing the economic life of Saxon England is not easy, and while the document translated below (No. 1) vividly analyses the obligations and rights of the various classes of tenants and officers on Saxon estates of the eleventh century, it raises many difficulties and is probably only true for the more settled parts of the country. It affords, however, clear proof of a high agricultural and social development; and though the exact significance of specific terms, and the status of different classes, may remain obscure, a comparison of the Rectitudines and the Gerefa[2] with later extents and custumals, and with Domesday Book itself, establishes the essential continuity of English economic life and customs, notwithstanding the shock of the Norman Conquest.

The further study of Domesday Book will undoubtedly yield valuable results supplementing the information derived from Saxon documents. While it is primarily a supreme example of the defining spirit and centralising energy of the conquering race, it is also a permanent record of England before and at the time of the Norman invasion. Especially,[Pg 4] perhaps, is this apparent in the detailed descriptions of the boroughs, which at once set forth Saxon customs and illustrate the effects of the Conquest. The extracts given below are intended to show in brief, first, the methods both of the commissioners who conducted the survey, and of the officials who reduced the information to a common form;[3] second, the fiscal preoccupation of the government; third, the origin and character of the early borough, especially manifest in the case of Wallingford (No. 5), and fourth, the different classes of tenants, free and unfree. Of particular interest are the following features: the manner of levying the feudal army (No. 6), the evidence of the looser organisation of the Eastern Counties, and the greater degree of freedom prevailing among tenants in the Danelaw (Nos. 4 and 8), the ample franchises that might be enjoyed by a great Saxon prelate (No. 7), the saltpans of Worcestershire (No. 9), and the gildhall of the burgesses of Dover (No. 3).

The more accessible writers dealing with the subject of this section are:—Kemble, The Saxons in England; Maine, Village Communities in the East and West; Seebohm, The English Village Community; Vinogradoff, Villeinage in England, The Growth of the Manor, and, English Society in the Eleventh Century; Andrews, The Old English Manor; Maitland, Domesday Book and Beyond; Pollock and Maitland, History of English Law; Ballard, The Domesday Boroughs, and, The Domesday Inquest; Round, Domesday Studies, and, The Domesday Manor (Eng. Hist. Rev. xv.); Stubbs, Constitutional History, and, Lectures on Mediæval History; Ellis, Introduction to Domesday Book; Gomme, The Village Community; de Coulanges, Origin of Property in Land; Freeman, The History of the Norman Conquest of England; Petit Dutaillis, Studies Supplementary to Stubbs' Constitutional History.

Almost the whole of Domesday Book has now been translated and is printed county by county in the Victoria County History series.[Pg 5]

For a general survey of the Saxon period the student should refer to Cunningham, Growth of English Industry and Commerce, Mediæval Times, pp. 28-133.

1. Rights and Duties of all Persons [Rectitudines Singularum Personarum. Cambridge, Corpus Christi, 383], c. 1000.

The Thegn's Law.—The thegn's law is that he be worthy of his book-right,[4] and that he do three things for his land, fyrdfare,[5] burhbote [6] and bridge-work. Also from many lands a greater land-service arises at the king's command, such as the deer-hedge at the king's abode and provision of warships (scorp to fyrdscipe)[7] and sea-ward and head-ward [8] and fyrd-ward, almsfee and churchscot, and many other diverse things.

The Geneat's Service.—Geneat-service is diverse according to the custom of the estate. On some he must pay land-gafol [9] and grass-swine [10] yearly, and ride and carry and lead loads, work, and feast the lord, and reap and mow and cut the deer-hedge and maintain it, build and hedge the burh,[11] bring strange wayfarers to the tun, pay churchscot and almsfee, keep head-ward and horse-ward, go errands far and near whithersoever he be told.

The Cotter's Service.—The cotter's service is according to the custom of the estate. On some he must work for his lord each Monday throughout the year and for three days each week in harvest. On some he works through the whole harvest every day and reaps an acre of oats for a day's work, and he shall have his sheaf which the reeve or lord's servant will give him.[12] He ought not to pay land-gafol. It bents him to have 5 acres; more, if it be the custom of the estate;[Pg 6] and if it be less, it is too little, because his work shall be oft required; he shall pay his hearth-penny on Holy Thursday, as all free men should; and he shall defend his lord's inland,[13] if he be required, from sea-ward and the king's deer-hedge and from such things as befit his degree; and he shall pay his churchscot at Martinmas.

The Gebur's Services.—The gebur's services are diverse, in come places heavy, in others moderate; on some estates he must work two days at week-work at such work as is bidden him every week throughout the year, and in harvest three days at week-work, and from Candlemas [14] to Easter three. If he do carrying, he need not work while his horse is out. He must pay on Michaelmas [15] Day 10 gafol-pence, and on Martinmas [16] Day 23 sesters of barley and two henfowls, at Easter a young sheep or two pence; and from Martinmas to Easter he must lie at the lord's fold as often as his turn comes; and from the time of the first ploughing to Martinmas he must plough an acre every week and himself fetch the seed in the lord's barn; also 3 acres at boonwork and 2 for grass-earth [17]; if he need more grass, he shall earn it as he shall be allowed; for his gafol-earth he shall plough 3 acres [18] and sow it from his own barn; and he shall pay his hearth-penny; two and two they shall feed a hunting-hound; and every gebur shall pay 6 loaves to the lord's swineherd when he drives his herd to mast. On the same lands where the above customs hold good, it belongs to the gebur that he be given for his land-stock [19] 2 oxen and 1 cow and 6 sheep and 7 acres sown on his yardland; wherefore after that year he shall do all the customs that befit him; and he shall be given tools for his work and vessels for his house. When death befals him, his lord shall take back the things which he leaves.

This land-law holds good on some lands, but, as I have said before, in some places it is heavier, in others lighter, for all land-customs are not alike. On some lands the gebur must pay honey-gafol, on some meat-gafol, on some ale-gafol. Let him who keeps the shire take heed that he knows what are the ancient uses of the land and what the custom of the people.[Pg 7]

Of those who keep the Bees.—It belongs to the bee-churl, if he keep the gafol-hives, that he give as is customary on the estate. Among us it is customary that he give 5 sesters of honey for gafol; on some estates more gafol is wont to be rendered. Also he must be oft ready for many works at the lord's will, besides boon-ploughing and bedrips [20] and meadow-mowing; and if he be well landed [21], he must have a horse that he may lend it to the lord for carrying or drive it himself whithersoever he be told; and many things a man so placed must do; I cannot now tell all. When death befals him, the lord shall have back the things which he leaves, save what is free.

Of the Swineherd.—It belongs to the gafol-paying swineherd that he give of his slaughter according to the custom of the estate. On many estates the custom is that he give every year 15 swine for sticking, 10 old and 5 young, and have himself what he breeds beyond that. To many estates a heavier swine-service belongs. Let the swineherd take heed also that after sticking he prepare and singe well his slaughtered swine; then is he right worthy of the entrails, and, as I said before of the bee-keeper, he must be oft ready for any work, and have a horse for his lord's need. The unfree swineherd and the unfree bee-keeper, after death, shall be worthy of one same law.

Of the Serf-Swineherd.—To the serf swineherd who keeps the inherd [22] belong a sucking-pig from the sty and the entrails when he has prepared bacon, and further the customs which befit the unfree.

Of Men's Board.—To a bondservant (esne) belong for board 12 pounds of good corn and 2 sheep-carcases and a good meat-cow, and wood, according to the custom of the estate.

Of Women's Board.—To unfree women belong 8 pounds of corn for food, one sheep or 3d. for winter fare, one sester of beans for Lent fare, in summer whey or 1d.

To all serfs belong a mid-Winter feast and an Easter feast, a ploughacre [23] and a harvest handful,[24] besides their needful dues.[Pg 8]

Of Followers.[25]—It belongs to the follower that in 12 months he earn two acres, the one sown and the other unsown; he shall sow them himself, and his board and provision of shoes and gloves belong to him; if he may earn more, it shall be to his own behoof.

Of the Sower.—It belongs to the sower that he have a basketful of every kind of seed when he have well sown each sowing throughout the year.

Of the Ox-herd.—The ox-herd may pasture 2 oxen or more with the lord's herd in the common pastures by witness of his ealdorman [26]; and thereby may earn shoes and gloves for himself; and his meat-cow may go with the lord's oxen.

Of the Cow-herd.—It belongs to the cow-herd that he have an old cow's milk for seven days after she has newly calved, and the beestings [27] for fourteen nights; and his meat-cow shall go with the lord's cow.

Of Sheep-herds.—The sheep-herd's right is that he have 12 nights' manure at mid-Winter and 1 lamb of the year's increase, and the fleece of 1 bellwether and the milk of his flock for seven nights after the equinox and a bowlful of whey or buttermilk all the summer.

Of the Goat-herd.—To the goat-herd belongs his herd's milk after Martinmas Day and before that his share of whey and one kid of the year's increase, if he have well cared for his herd.

Of the Cheese-maker.—To the cheese-maker belong 100 cheeses, and that she make butter of the wring-whey [28] for the lord's table; and she shall have for herself all the buttermilk save the herd's share.

Of the Barn-keeper.—To the barn-keeper belong the corn-droppings in harvest at the barn-door, if his ealdorman give it him and he faithfully earn it.

Of the Beadle.—It belongs to the beadle that for his office he be freeer from work than another man, for that he must be oft ready; also to him belongs a strip of land for his toil.

Of the Hayward.—To the hayward it belongs that his toil[Pg 9] be rewarded with land at the ends of the fields that lie by the pasture meadow; for he may expect that if he first neglects this, to his charge will be laid damage to the crops; and if a strip of land be allowed to him, this shall be by folk-right next the pasture meadow, for that if out of sloth he neglect his lord, his own land shall not be well defended, if it be found so; but if he defend well all that he shall hold, then shall he be right worthy of a good reward.

Land-laws are diverse, as I said before, nor do we fix for all places these customs that we have before spoken of, but we shew forth what is accustomed there where it is known to us; if we learn aught better, that will we gladly cherish and keep, according to the customs of the place where we shall then dwell; for gladly should he learn the law among the people, who wishes not himself to lose honour in the country. Folk-customs are many; in some places there belong to the people winter-feast, Easter-feast, boon-feast for harvest, a drinking feast for ploughing, rick-meat,[29] mowing reward, a wainstick at wood-loading, a stack-cup [30] at corn-loading, and many things that I cannot number. But this is a reminder for men, yea, all that I have set forth above.[31]

2. The Form of the Domesday Inquest [Inquisitio Eliensis, Domesday Book, Additamenta, p. 497], 1086.

Here below is written the inquest of the lands, in what manner the King's barons enquire, to wit, by the oath of the sheriff of the shire, and of all the barons and their Frenchmen and of the whole hundred, of the priest, the reeve, six villeins of each town. Then how the manor is named; who held it in the time of King Edward; who holds it now; how many hides; how many ploughs on the demesne, and how many of the men; how many villeins; how many cotters; how many serfs; how many freemen; how many socmen; how much wood; how much meadow; how many pastures; how many mills; how many fishponds; how much has been added or taken away; how much it was worth altogether; and how much now; how much each freeman or socman there had or has. All this for three periods; to wit, in the time of King[Pg 10] Edward; and when King William granted it; and as it is now; and if more can be had therefrom than is had.

Dover in the time of King Edward rendered 18l., of which money King Edward had two parts and Earl Godwin the third. On the contrary the canons of St. Martin had another moiety.[32] The burgesses gave twenty ships to the King once a year for fifteen days and in each ship were twenty-one men. This they did for that he had fully granted to them sac and soc.[33] When the King's messengers came there, they gave for the passage of a horse 3d. in winter and 2d. in summer. The burgesses, however, found a pilot and one other assistant, and if need were for more, it was hired from the messenger's own money.

From the feast of St. Michael [34] to the feast of St. Andrew [35] the King's truce (that is, peace) was in the town. If any man broke it, the King's reeve received therefor common amends.

Whosoever, dwelling in the town continually, rendered custom to the King, was quit of toll throughout all England.

Upon his very first coming to England the town was burned, and therefore the value thereof could not be computed, how much it was worth when the Bishop of Bayeux received it. Now it is valued at 40l., and yet the reeve renders therefrom 54l., that is, to the King 24l. of pence which are twenty in the ounce (ora)[36] and to the Earl 30l. by tale.

In Dover there are 29 messuages, from which the King has lost the custom. Of these Robert of Romney has two, Ralph de Curbespine three, William son of Tedald one, William son of Oger one, William son of Tedold and Robert Niger six, William son of Goisfrid three, in which was the gildhall of the burgesses, Hugh de Montfort one house, Durand one, Ranulf de Columbels one, Wadard six, the son of Modbert one. And all these of these houses avow the Bishop of Bayeux as their protector, donor and grantor.[Pg 11]

Of the messuage which Ranulf de Columbels holds, which belonged to an exile (that is, an outlaw), they agree that half the land is the King's, and Ranulf himself has both. Humphrey the Bandylegged (Loripes) holds one messuage wherefrom half the forfeiture was the King's. Roger de Ostreham made a house over the King's water and has held hitherto the King's custom. And the house was not there in the time of King Edward.

At the entry of the port of Dover there is a mill which by great disturbance of the sea shatters almost all ships, and does the greatest damage to the King and the men; and it was not there in the time of King Edward. Touching this the nephew of Herbert says that the Bishop of Bayeux granted to his uncle Herbert son of Ivo that it should be made.

In Norwich there were in the time of King Edward 1320 burgesses. Of whom one was so much the King's own (dominicus) that he could not withdraw nor do homage without his licence; whose name was Edstan. He had 18 acres of land and 12 of meadow and 2 churches in the borough and a sixth part of a third; and to one church pertained a messuage in the borough and 6 acres of meadow. This borough Roger Bigot holds of the King's gift. And of 1238 burgesses the King and the Earl had soc and sac [37] and custom; and over 50 Stigand had soc and sac and commendation [38]; and over 32 Harold had soc and sac and commendation; of whom one was so much his own (dominicus) that he could not withdraw nor do homage without his licence. In all they all had 80 acres of land and 20 acres and a half of meadow; and of these one was a woman, Stigand's sister, with 32 acres of land; and between them all they had half a mill and the fourth part of a mill, and still have; and in addition they had 12 acres and a half of meadow which Wihenoc took from them; now Rainald son of Ivo has the same; and in addition 2 acres of meadow which belonged to the church of All Saints; these also Wihenoc took, and now Rainald has them. There is also in the borough a church of St. Martin which Stigand held[Pg 12] in the time of King Edward, and 12 acres of land; William de Noiers has it now as part of the fee of Stigand. Stigand also held a church of St. Michael, to which belong 112 acres of land and 6 of meadow and 1 plough. This Bishop William holds, but not of the bishopric. And the burgesses held 15 churches to which belonged in almoin 181 acres of land and meadow. And in the time of King Edward 12 burgesses held the church of Holy Trinity; now the bishop holds it of the gift of King William. The King and the Earl had 180 acres of land. The Abbot has a moiety of the church of St. Lawrence and one house of St. Edmund. This was all in the time of King Edward. Now there are in the borough 665 English burgesses and they render the customs; and 480 bordiers who owing to poverty render no custom. And on that land which Stigand held in the time of King Edward there dwell now 39 burgesses of those above; and on the same land there are 9 messuages empty. And on that land of which Harold had the soke there are 15 burgesses and 17 empty messuages which are in the occupation of the castle. And in the borough are 190 empty messuages in that part which was in the soke of the King and Earl, and 81 in the occupation of the castle. In the borough are further 50 houses from which the King has not his custom.... And in the borough the burgesses hold 43 chapels. And the whole of this town rendered in the time of King Edward 20l. to the King and to the Earl 10l. and besides this 21s. 4d. for allowances and 6 quarts of honey and 1 bear and 6 dogs for bear-[baiting]. And now 70l. king's weight and 100s. by tale as gersum to the Queen and 1 goshawk and 20l. blanch to the Earl and 20s. by tale as gersum to Godric.... Of the burgesses who dwelt in Norwich 22 have gone away and dwell in Beccles, a town of the abbot of St. Edmund, and 6 in Humbleyard hundred, and have left the borough, and in King's Thorpe 1, and on the land of Roger Bigot 1, and under W. de Noies 1, and Richard de Sent Cler 1. Those fleeing and the others remaining are altogether ruined, partly owing to the forfeitures of Earl Ralph, partly owing to a fire, partly owing to the King's geld, partly through Waleram.

Land of the Burgesses.—In the hundred of Humbleyard[Pg 13] always 80 acres and 14 bordiers and 1 plough and 3 acres of meadow; and they are worth 13s. 4d.

The French of Norwich.—In the new borough are 36 burgesses and 6 Englishmen and of yearly custom each one rendered 1d. besides forfeitures; of all this the King had two parts and the Earl the third. Now there are 41 French burgesses on the demesne of the King and the Earl, and Roger Bigot has 50, and Ralph de Bella Fago 14, and Hermer 8, and Robert the crossbowman 5, and Fulcher, the abbot's man, 1, and Isac 1, and Ralph Visus Lupi 1, and in the Earl's bakehouse Robert Blund has 3, and Wimer has 1 ruined messuage.

All this land of the burgesses was on the demesne of Earl Ralph and he granted it to the King in common to make the borough between himself and the King, as the sheriff testifies. And all those lands as well of the knights as of the burgesses render to the King his custom. There is also in the new borough a church which Earl Ralph made, and he gave it to his chaplains. Now a priest of the sheriff, by name Wala, holds it of the King's gift, and it is worth 60s. And so long as Robert Blund held the county, he had therefrom each year 1 ounce of gold.

In the borough of Wallingford King Edward had 8 virgates of land, and in these there were 276 haws [39] rendering 11l. of rent (gablo), and those who dwelt there did service for the King with horses or by water as far as Blewbury, Reading, Sutton, Bensington, and to those doing this service the reeve gave hire or corrody not from the king's revenue (censu) but from his own.

Now there are in the borough all customs as there were before. But of the haws there are thirteen less; for the castle eight have been destroyed, and the moneyer has one quit so long as he makes money. Saulf of Oxford has one, the son of Alsi of Farringdon one, which the King gave him, as he says. Humphrey Visdelew has one, for which he claims the King to warranty. Nigel holds one of Henry by inheritance from Soarding, but the burgesses testify that the[Pg 14] latter never had it. From these thirteen the King has no custom; and further William de Warenne has one haw from which the King has no custom. Moreover there are 22 messuages of Frenchmen rendering 6s. 5d.

King Edward had 15 acres in which housecarles dwelt. Miles Crispin holds them, they know not how. One of these belongs to [40] (jacet in) Wittenham, a manor of Walter Giffard.

Bishop Walchelin has 27 haws rendering 25s. and they are valued in Brightwell, his manor.

The abbot of Abingdon has 2 acres on which are 7 messuages rendering 4s., and they pertain to Oxford.

Miles has 20 messuages rendering 12s. 10d., and they belong to (jacent in) Newnham, and also one acre on which there are 6 haws rendering 18d. In Hazeley he has 6 messuages rendering 44d. In Stoke one messuage rendering 12d. In Chalgrove one messuage rendering 4d. In Sutton one acre on which there are 6 messuages rendering 12d., and in Bray one acre and 11 messuages rendering 3s. there. All this land pertains to Oxfordshire; nevertheless it is in Wallingford....

Alwold and Godric have the rent (gablum) of their houses and bloodwite if blood is shed there, if the man should be received within them before he be claimed by the King's reeve, except on Saturday owing to the market, because then the King has the forfeiture; and they have the fine for adultery and theft in their houses; but other forfeitures are the King's.

In the time of King Edward the borough was worth 30l. and afterwards 40l.; now 60l. And yet it renders of farm 80l. by tale. What pertains to Adbrei is worth 7s. and the land of Miles Moli 24s. What the abbot of Abingdon has is worth 8s. What Roger de Laci has, 7s. What Rainald has, 4s.

Archbishop Lanfranc, 4 houses pertaining to Newington rendering 6s. Bishop Remigius, one house pertaining to Dorchester rendering 12d. The abbot of St. Alban one house rendering 4s. Abbot R. one house in Ewelme rendering 3s.

Roger de Olgi, 2 houses in Watlington rendering 2s. and one house in Perie rendering 2s.[Pg 15]

When geld was given in the time of King Edward in common throughout the whole of Berkshire, a hide gave 3½d. before Christmas and as much at Whitsuntide. If the King sent an army anywhere, from 5 hides went one knight only, and for his food or wages 4s. were given to him from each hide for two months. This money, however, was not sent to the King, but was given to the knights. If anyone summoned for military service went not, he forfeited to the King the whole of his land. And if anyone stayed behind and promised to send another in his place, and yet he who was to be sent stayed behind, his lord was quit for 50s. A thegn or knight of the King's own (dominicus) left to the King at death for relief all his arms and one horse with a saddle and one without a saddle. And if he had hounds or hawks, they were presented to the King, that he might receive them if he would. If anyone killed a man having the King's peace, he forfeited to the King both his body and all his substance. He who broke into a city by night made amends in 100s. to the King, not to the sheriff. He who was warned to beat the woods for hunting and went not, made amends to the King in 50s.

The church of St. Mary of Worcester has a hundred which is called Oswaldslaw, in which lie 300 hides, wherefrom the bishop of that church, by a constitution of ancient times, has all the profits of the sokes and all the customs belonging thereto for his own board and for the king's service and his own, so that no sheriff can have any plaint there, neither in any plea nor in any cause whatsoever. This the whole county testifies. These aforesaid 300 hides were of the[Pg 16] demesne itself of the church, and if anything thereof had been in any wise demised or granted to any man soever, to serve the bishop therewith, he who held the land granted to him could not retain for himself any custom at all therefrom, save through the bishop, nor could he retain the land save until the completed term which they had determined between themselves, nor could he go anywhither with that land.

In Rockland Simon holds 3 carucates of land which one freeman, Brode, held in the time of King Edward. Then as now 2 villeins and 12 bordiers.[41] Then 4 serfs, now 1, and 8 acres of meadow; then as now 2 ploughs on the demesne and 1 plough among the men. Wood for 6 swine. Then 4 rounceys,[42] now none. Then 8 beasts, now 5. Then 30 swine, now 15. Then 100 sheep, and now likewise. And in the same [town] the same Simon holds 6 freemen and a half, whom the same Brode had in commendation only; 70 acres of land and 4 acres of meadow; then as now 1 plough and a half. Of these 6 freemen and a half the soke was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it. Then and always they were worth 3l. 10s.

After this there were added to this land 9 freemen and a half, 1 carucate of land, 54 acres, this is in demesne; then as now 9 bordiers and 8 acres of meadow; then as now 6 ploughs, and 2 half mills. The whole of this is [reckoned] for one manor of Lewes and is worth 3l. 11s. Of four and a half of the 9 freemen the soke and commendation was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it, and the whole was delivered in the time of Earl Ralph. The whole is 1 league in length and a half in breadth, and [pays] 15d. of geld.

Earl Roger holds of the King one manor, Halesowen. There are 10 hides there. On the demesne there are 4 ploughs[Pg 17] and 36 villeins and 18 bordiers, 4 "radmans" and a church with 2 priests. Among them all they have 41½ ploughs. There are there 8 serfs and 2 bondwomen. Of this land Roger Venator holds of the Earl one hide and a half, and there he has one plough and 6 villeins, and 5 bordiers with 5 ploughs. It is worth 25s. In the time of King Edward this manor was worth 24l. Now 15l. Olwin held and had in Droitwich a saltpan worth 4s. and in Worcester a house worth 12d.

The same Earl holds Salwarpe, and Urso of him. Elwin Cilt held it. There are 5 hides there. On the demesne there is one plough and 6 villeins, and 5 bordiers with 7 ploughs. There are there 3 serfs and 3 bondwomen and a mill worth 10s. and 5 saltpans worth 60s. Half a league of wood and a park there. In the time of King Edward it was worth 100s. Now 6l. There can be two ploughs more there.

Hundred of Bintree.—Harold held Havering in the time of King Edward for one manor and for 10 hides. Then 41 villeins, now 40. Then as now 41 bordiers and 6 serfs and 2 ploughs on the demesne. Then 41 ploughs among the men, now 40. Wood for 500 swine, 100 acres of meadow; now one mill, two rounceys and 10 beasts and 160 swine and 269 sheep. To this manor belonged 4 freemen with 4 hides in the time of King Edward, rendering custom. Now Robert son of Corbutio holds 3 hides, and Hugh de Monte Forti the fourth hide, and they have not rendered custom since they have had them. And further the same Robert holds 4 hides and a half which one freeman held at this manor in the time of King Edward; the freeman held also a soke of 30 acres, rendering custom; and now John son of Galeram holds it. And this manor in the time of King Edward was worth 36l., now 40l. And Peter the sheriff received therefrom 80l. of rent and 10l. of gersom.[43] To this manor pertain 20 acres lying in Lochetun, which Harold's reeve held in the time of King Edward; now the King's reeve holds the same, and they are worth 40d.

Section II

1. Frankalmoin, temp. Hen. II.—2. Knight Service, 1308—3. Grand Serjeanty, 1319—4. Petty Serjeanty, 1329—5. An action on the feudal incidents due from land held by petty serjeanty, 1239-40—6. Free socage, 1342—7. Commutation of a serjeanty for knight service, 1254—8. Commutation of service for rent, 1269—9. Subinfeudation, 1278—10. Licence for the widow of a tenant in chief to marry, 1316—11. Marriage of a widow without licence, 1338—12. Alienation of land by a tenant in chief without licence, 1273—13. Wardship and marriage, 1179-80—14. Grant of an heir's marriage, 1320—15. Wardship, 1337—16. Collection of a carucage, 1198—17. An acquittance of the collectors of scutage of a sum of 10l. levied by them and repaid, 1319—18. Payment of fines in lieu of knight service, 1303—19. The assessment of a tallage, 1314—20. A writ Precipe, c. 1200—21. Articles of enquiry touching rights and liberties and the state of the realm, 1274—- 22. Wreck of sea, 1337.

The general characteristics of feudalism as a system by which the administrative, legislative and judicial functions of the state had their basis in the tenure of land, are well known. In the following documents an attempt has been made to illustrate the development of English feudalism under the direction of a strong central government, which succeeded in controlling the centrifugal force of feudal institutions and in establishing a national administration dependent on the crown and antagonistic to local franchise. By the end of the thirteenth century the crown was firmly entrenched behind well developed courts of permanent officials, having at the same time retained its control of local affairs by preventing the office of sheriff from becoming hereditary; in the sphere of justice, the central courts of King's Bench and Common[Pg 20] Pleas, supplemented by the itinerant Justices of Assize and by the energy of the Chancellor in devising new remedies and new legal actions, were slowly but surely undermining the manorial justice of the greater tenants, a process well understood by the framers of Magna Carta; while the creation of Parliament brought into being an institution destined to rival and ultimately to supersede the exclusive claims of the lords, the feudal council, to advise and control the crown. While therefore the worst tendencies of feudalism were neutralised, the sovereign's hold on the land was tightened, and feudal obligations were reduced to a rigid system which persisted until the Civil War of the seventeenth century. The administration of this branch of royal rights, facilitated by the existence of Domesday Book and the rapid development of the Exchequer, was locally in the hands of the sheriffs for a century and a half after the Conquest; but the growth of business, due to the increase of population and the subdivision of the original knights' fees, necessitated the creation of a separate official. Already in the time of Richard I., there appears "the keeper of the king's escheats," and early in the reign of Henry III. the sheriffs are relieved by the two escheators, one on each side of the Trent, who answer directly at the Exchequer, although it is not until the year 17 Edward II. (1323-4) that their accounts are transferred from the Pipe Roll to a separate enrolment.

The office of escheator passed through a period of experimental fluctuation during the first half of the fourteenth century; Edward I. in 1275 temporarily abolished the original two escheatries, dividing the realm into three stewardships with the sheriffs as escheators in each county; Edward II. in 1323 divided the country into ten escheatries,[44] a plan readopted by Edward III. in 1340; between 1332 and 1340 there were five escheators, between 1341 and 1357 the office was held by the sheriffs, though separate patents were issued, while[Pg 21] from 1357 onwards the office suffered no change of importance until the Tudor period, when the Court of Wards was established (32 Henry VIII.) and the feodary appears. The functions of the escheator were to take into the king's hand and administer the lands of all tenants in chief and of others whose lands by death, escheat or forfeiture, fell to the crown, to deliver seisin to the heirs, after taking security for the payment of relief, to make partitions of lands among heiresses, to assign dowers to the widows of tenants, and in general to watch over the interests of the crown in all matters of feudal obligation.

The documents given below show the machinery in operation. Instances are given of the different tenures [45] (Nos. 1 to 6), while the uncertainty prevailing in the twelfth century as to the incidents due from land held by serjeanty is illustrated in No. 5. The gradual substitution of a money economy for a feudal economy, which finds expression in scutage (No. 17) and otherwise (No. 18), encouraged an elasticity of tenure which made a change from serjeanty to knight service (No. 7) and from personal service to a rent (No. 8) convenient equally to lord and tenant. The degree to which subinfeudation had commonly proceeded in the thirteenth century is shown in No. 9, and the burden of the feudal incidents is exemplified in Nos. 10 to 15. The ordinary revenues of the Crown from feudal incidents and aids, rents, the profits of justice, and escheats, were never sufficient to meet emergencies, just as the feudal army was inadequate for a protracted campaign, and hence the Crown was forced to resort on the one hand to a universal land-tax (No. 16) or a limited exaction from the crown demesnes (No. 19), and on the other to a tax on the feudal unit, the knight's fee (No. 17); the provisions for the collection of a carucage illustrate the royal determination to exact the uttermost farthing, while the assessment of a scutage was conducted on the modern principle of extracting the money first and settling the liability afterwards. No. 20 is a rare surviving instance of an original writ Precipe issued[Pg 22] before Magna Carta, and shows precisely the method of the royal procedure in attracting legal causes to the King's jurisdiction out of the hands of the lord. The section concludes with the important articles of enquiry initiated by Edward I., which led to the compilation of the Hundred Rolls and the proceedings quo warranto, and also set out in detail the King's conception of his sovereignty and of the royal origin of all feudal franchises and liberties (No. 21); while the last document (No. 22) furnishes a curious instance of one of the minor royal rights.

The principal modern writers dealing with the subject of this section are:—Pollock & Maitland, History of English Law; Maitland, Lectures on Constitutional History; Stubbs, Constitutional History; Hazlitt, Tenures of land and customs of manors; Round, Feudal England; Round, The King's Serjeants and Officers of State; Baldwin, Scutage and Knight Service in England; McKechnie, Magna Carta; Freeman, Norman Conquest; Hatschek, Englische Verfassungsgeschichte; Digby, History of the Law of Real Property.

Documentary authorities:—The principal original sources are, The Red Book of the Exchequer (Hall, Rolls Series); The Hundred Rolls (Record Commission), Placita de quo Warranto (Record Commission); Placitorum Abbreviatio (Record Commission); Testa de Nevill (Record Commission),[46] Inquisitions Post Mortem (Record Office Calendars), Feudal Aids (Record Office Calendars).

To all sons of Holy Mother Church, present and to come, Roger son of Elyas of Helpstone, greeting. Know ye that I have given and granted and by my present charter confirmed to God and the church of St. Michael of Stamford and the nuns serving God there, for the souls of my father and my mother and for the salvation of my soul and the souls of my ancestors and successors, in free and pure and perpetual alms, 2 acres of land, less 1 rood, in the fields of Helpstone, to wit, 3 roods of land on Peselond between the land of Payn the knight and between the land of Robert Blund, and ½ acre between the land of William Peri and between the land of William son of Ede, and 2 roods between the land of Sir Roger de Torpel, lying on both sides. I have given, moreover, to[Pg 23] God and the church of St. Michael and the nuns serving God there, in free and pure and perpetual alms ½d. of rent which John son of Richard of Barnack used to render to me on the day of St. Peter's Chains [47] for a house and for a rood of land in Helpstone. And the aforesaid land and ½d. of rent I, Roger, and my heirs will warrant to the aforesaid nuns against all men and against all women. Witnesses:—Payn of Helpstone, Roger his son, Geoffrey of Lohoum, Geoffrey of Norbury, Walter of Helpstone, Robert son of Simon, Geoffrey son of John, Geoffrey son of Herlewin, Walter of Tickencote, Richard Pec.

Somerset.—Inquisition made before the escheator of the lord the King at Somerton on 29 January in the first year of the reign of King Edward [II], of the lands and tenements that were of Hugh Poyntz in the county of Somerset on the day on which he died, how much, to wit, he held of the lord the King in chief and how much of others and by what service, and how much those lands and tenements are worth yearly in all issues, and who is his next heir and of what age, by the oath of Matthew de Esse [48] ... Who say by their oath that the aforesaid Hugh Poyntz held in his demesne as of fee in the county aforesaid on the day on which he died the manor of Curry Mallet, with the appurtenances, of the lord the King in chief for a moiety of the barony of Curry Mallet by the service of one knight's fee; in which manor is a capital messuage which is worth 4s. a year with the fruit and herbage of the garden; and there are there 280 acres of arable land which are worth 4l. 13s. 4d. a year at 4d. an acre; and there are there 60 acres of meadow which are worth 4l. 10s. a year at 18d. an acre; and there is there a park the pasture whereof is worth 6s. 8d. a year and not more owing to the sustenance of deer; and the pleas and perquisites of the court there are worth 4s. a year; And there are there 12 free tenants in fee, who render yearly at the feasts of Michaelmas and Easter by equal portions 74s. 8d. for all service; and there are there 16 customary tenants, each of whom holds ½ virgate of land[Pg 24] in villeinage, rendering yearly at the said terms by equal portions 4s., and the works of each are worth from the feast of the Nativity of St. John the Baptist [49] to the feast of Michaelmas 2s. a year; and there are there 28 customary tenants, each of whom holds 1 fardel [50] of land in villeinage, rendering yearly at the said terms by equal portions 2s., and the works of each for the same time are worth 12d. Sum of the extent:—22l. 12s. 8d.

Further, the aforesaid jurors say that Nicholas Poyntz, son of the aforesaid Hugh Poyntz, is next heir of the same Hugh and of the age of 30 years and more. In witness whereof the same jurors have set their seals to this inquisition.

The aforesaid Hugh de Poyntz held no other lands or tenements in my bailiwick on the day on which he died, except the lands and tenements in these inquisitions.[51]

Norfolk.—Inquisition made at Bishop's Lynn before the escheator of the lord the King on 30 March in the 12th year of the reign of King Edward, son of King Edward, by Robert de Causton.[52] ... Which jurors say upon their oath that it is not to the damage or prejudice of the lord the King or of others if the lord the King grant to Thomas de Hauvill that he may grant to the venerable father John, bishop of Norwich, a custom called lastage [53] which he has and receives in the port of Bishop's Lynn in the county of Norfolk, to receive and hold to him and his successors, bishops of that place, for ever. Asked of whom that custom is holden in chief, they say, Of the lord the King in chief. Asked also by what service, they say that Thomas de Hauvill holds the manors of Dunton and Rainham and the custom called lastage in the ports of Bishop's Lynn and Great Yarmouth, in the county aforesaid, and Boston, in the county of Lincoln, by grand serjeanty, to wit, by the service of keeping a falcon of the lord the King yearly.[Pg 25][54] Asked how much that custom is worth yearly in the port of Lynn, they say that the aforesaid custom in the aforesaid port of Lynn is worth 16s. according to the true value in all issues yearly. In witness whereof the aforesaid jurors have set their seals to this inquisition at Lynn the day and year abovesaid.

The King to his beloved and faithful, Simon de Bereford, his escheator on this side Trent, greeting. Because we have learned by an inquisition which we caused to be made by you that Nicholaa, who was the wife of Nicholas de Mortesthorp, deceased (defuncta), held on the day on which she died the manor of Kingston Russell with the appurtenances for the term of her life of the gift of William Russel, and that that manor is held of us in chief by the service of counting our chessmen (narrandi familiam scaccarii nostri) in our chamber, and of putting them in a box when we have finished our game; and that the aforesaid Nicholaa held on the day aforesaid the manor of Allington with the appurtenances for the term of her life of Theobald Russel by knight service; and that the aforesaid Theobald, son of the aforesaid William, is William's next heir of the manors aforesaid and of full age: We have taken Theobald's homage for the manor which is thus held of us and have given it back to him. And therefore we command you, that after you have taken security from the aforesaid Theobald for rendering to us a reasonable relief at our Exchequer, you cause the same Theobald to have full seisin of the manor aforesaid with the appurtenances and of the other lands and tenements which the same Nicholaa so held for the term of her life of the inheritance aforesaid in your bailiwick on the day on which she died, and which on account of her death have been taken into our hand, saving the right of every man. Witness the King at Gloucester,

5. An Action on the Feudal Incidents due from Lands held by Petty Serjeanty [Bracton's Note-Book, III, 290. No. 1280], 1239-40.

Jollan de Nevill was summoned to shew wherefore without licence of the lord the King he gave in marriage William, son[Pg 26] and heir of Randolf son of Robert, who ought to be in the wardship of the lord the King because Randolf held his land of the King by the service of serjeanty, etc. And Jollan comes and says that the aforesaid William held no such land of the lord the King in chief save by the following service, to wit, that he ought to be verger (portare unam uirgam) before the justices in eyre at Lincoln, wherefore it seems to him that no wardship pertains thereof to the lord the King, and he says that at another time he was impleaded by Earl Richard [55] touching that wardship on account of certain land which the same Randolf held of the same Earl, and in such wise that an inquisition was made whereby it was proved that the same Earl had no right in that wardship, and also he says that another inquisition was made between the lord the King and him, Jollan, whereby it was proved that the wardship pertained to Jollan, and the inquisition was delivered to the Chancellor, and he puts himself on that inquisition, and thereof he says that after the wardship remained to him by that inquisition he sold the wardship and marriage forthwith to the Chancellor at Lincoln for 20 marks. And therefore let the inquisition be viewed etc.[56]

The King to his beloved and trusty, Richard de Monte Caniso, his escheator in the counties of Essex, Hertford and Middlesex, greeting. Because we have learned by an inquisition which we caused to be made by you that a tenement with the appurtenances in the parish of St. Clement Danes without the bar of the New Temple, London, which was of Thomas de Crauford, barber, deceased, and which is worth by the year in all issues 6s. 8d. according to the true value of the same, is holden of us in chief in free socage by the service of 18d. a year to be rendered therefrom to us at our Exchequer for all services, and that the wardship of the land and heir of the[Pg 27] same Thomas does not pertain to us, because the wardship of such tenements holden of us in form aforesaid ought to pertain to the next friends of the same heirs to whom the aforesaid tenements cannot come by hereditary right, and that John, son of the said Thomas, is next heir of the same Thomas and of the age of fourteen years: We have taken the fealty of the same John due to us from the tenement aforesaid. And therefore we command you that after you have received from the aforesaid John security for rendering to us his reasonable relief at our Exchequer, you deliver to the same John the tenement aforesaid with the appurtenances, which was taken into our hand by reason of the death of the aforesaid Thomas; saving the right of any man. Witness the King at Woodstock, 18 June.

7. Commutation of a Serjeanty for Knight Service [Inquisitions ad quod damnum, 1, 30], 1254.

This is the inquisition made by the oath of James de Northon [57] ... in the presence of the keepers of the pleas of the crown,[58] what damage it would be to the lord the King to grant to his beloved and trusty Adam de Gurdun that for the service which his father used to do to the same lord the King, to wit, of finding a serjeant for the lord the King for 40 days in his army and expedition, for the land which the same Adam and his mother hold of the lord the King by serjeanty in Tisted and Selborne in the county of Southampton, hereafter he do to the lord the King the service of half a knight's fee: Who say that it is not to the damage of the lord the King to grant to Adam de Gurdun that for the service which his father used to do to the lord the King ... he do hereafter the service of half a knight's fee. In witness whereof they have set their seals to this inquisition.

8. Commutation of Service for Rent [Inquisitions ad quod damnum, 2, 40], 1269.

Inquisition made before the sheriff on All Souls Day [59] in the 53rd year of the reign of King Henry son of King John, what and what sort of customs and services are due to the lord the King from two virgates of land with the appurtenances[Pg 28] which Adam de Ardern holds of the aforesaid lord the King in Colverdon and Walesworth, within the manor of the aforesaid lord the King of Barton without Gloucester, and how much those customs and services are worth yearly in money, if they were converted into money, and whether it would be to the damage of the aforesaid lord the King or to the injury of the manor aforesaid, if the lord the King should grant to the aforesaid Adam that for the customs and services aforesaid he should render to the aforesaid lord the King the value of the same yearly in money; and if it should be to the damage of the lord the King aforesaid or to the injury of the same manor, to what damage and what injury; by the oath of the below written persons, to wit, Philip de Hatherle [60] ... Who say upon their oath that the aforesaid Adam holds of the aforesaid lord the King within the manor aforesaid in Colverdon a virgate of land with the appurtenances and renders 10s. a year to the lord the King, and another virgate of land with the appurtenances in Walesworth and renders 20s. to the same lord the King, and for the aforesaid two virgates of land he owes suit to the court of the lord the King at the Barton aforesaid, and it is worth 2s. a year, and he shall carry writs within the county and shall have no answering of the aforesaid writs, and it is worth 2s. a year, and he ought to be tallaged for the two virgates of land aforesaid, when tallage is imposed, at the will of the lord the King. And if the aforesaid lord the King should grant to the aforesaid Adam to hold the aforesaid land for the aforesaid service,[61] it would not be to the damage of the lord the King nor to the injury of the manor aforesaid.

Township of Thornborough.—The abbot of Biddlesdon holds 6 hides of land and a virgate in Thornborough, to wit, of John de Hastings one hide of land, and John himself holds of Sir John son of Alan, and Sir John himself holds of the lord the King in chief.

Again, the said abbot holds a half hide of land and a virgate of Alice daughter of Robert de Hastings, and she holds of Sir John son of Alan, and he holds of the King in chief, and the said abbot renders to the said Alice 30s. a year.[Pg 29]

Again, the same abbot holds of Hugh de Dunster 2½ hides of land and a virgate, and renders for the said land to the nuns of St. Margaret of Ivinghoe 40s. a year, and maintains the chapel of Butlecote for the aforesaid land. And Hugh held of John de Bello Campo a hide and a virgate of land, rendering to John de Bello Campo 4d. a year, and John himself holds of Sir John son of Alan, and he holds of the lord the King in chief.

Again the same abbot holds of the gift of Roger Foliot a half hide and a virgate, and Roger himself held of Reynold de Fraxino, and Reynold held of John son of Alan, and he of the lord the King in chief.

Again, the same abbot holds of the gift of William de Fraxino and his ancestors a hide of land, and they held of John son of Alan, and he of the lord the King in chief.

And it is to be known that all the aforesaid land used to render foreign service,[62] except the land which the said abbot has of the gift of John de Hastings and Alice daughter of Robert de Hastings, but John son of Alan and his heirs will acquit the said abbot towards the lord the King and all other men, to wit, of the ward of Northampton, of scutage, of a reasonable aid to make the king's son a knight and to marry his daughter, for ever, and of all services pertaining to them.[63]

10. Licence for the Widow of a Tenant in Chief To Marry [Fine Roll, 10 Edward II, m. 19], 1316.

The King to all to whom etc. greeting. Know ye that by a fine of 100s. which our beloved John de la Haye has made with us for Joan, who was the wife of Simon Darches, deceased, who held of us in chief as of the honour of Wallingford, we have given licence to the same Joan that she may marry[Pg 30] whomsoever she will, provided that he be in our allegiance. In witness whereof etc. Witness the King at Westminster, 11 July.

11. Marriage of a Widow without Licence [Fine Roll, 12 Edward III, m. 26], 1338.

The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. Whereas Millicent, who was the wife of Hugh de Plescy, deceased, who held of us in chief, who (que) lately in our Chancery took a corporal oath that she would not marry without our licence, has now married Richard de Stonley without having obtained our licence hereon: We, refusing to pass over such a contempt unpunished, and wishing to take measures for our indemnity in this behalf, command you that without delay you take into our hand all the lands and tenements which the aforesaid Richard and Millicent hold in Millicent's dower of the inheritance of the aforesaid Hugh in your bailiwick; so that you answer to us at our Exchequer for the issues forthcoming thence, until we deem fit to order otherwise thereon. Witness the King at the Tower of London, 6 May. By the King.

12. Alienation of Land by a Tenant in Chief without Licence [Fine Roll, 1 Edward I, m. 7], 1273.

Order is made to the sheriff of Hereford that without delay he take into the King's hand the manor of Dilwyn, which Edmund, our [64] brother, holds of the King in chief, and which he has now alienated to John Giffard without the King's licence; and that he keep it safely until the King make other order thereon, so that he answer to the King at the King's Exchequer for the issues arising therefrom. Given as above [at St. Martin le Grand, London, 5 October]. By the King's council.

Otto de Tilli renders account of 400l. to have the wardship of the land of his grandson; and let his daughter be given [in[Pg 31] marriage] at the King's will. In the treasury are 100l. And he owes 300l.

Adam son of Norman and William son of Hugh de Leelai render account of 200 marks for marrying the daughter of Adam with the son of William, with the King's good will. In the treasury are 50 marks. And they owe 100l.

The King to all to whom etc., greeting. Know ye that by a fine of 6l. which our beloved clerk, Adam de Lymbergh, has made with us, we have granted to him the marriage of John, son and heir of Joan de Chodewell, deceased, late one of the sisters and heirs of Philip le Brode, deceased, who held of us in chief, which John is under age and in our wardship; to hold without disparagement.[65] In witness whereof etc. Witness the King at Odiham, 26 March. By the council.

And command is given to Richard de Rodeney, the King's escheator on this side Trent, that he deliver to the same Adam the body of the heir aforesaid, to be married in the form aforesaid. Witness as above.

The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. We command you, straitly enjoining, that forthwith, on view of these presents, you cause the body of the heir of Roger de Huntyngfeld, deceased, who held of us in chief, wheresoever and in whosesoever hands it be found in your bailiwick, to be seized into our hand and to be sent to us without delay, wheresoever we shall be in England, to be delivered to us or to him whom we shall depute as guardian of the said heir: and that you in no wise neglect this, as you will save yourself harmless against us. Witness the King at the Tower of London, 2 September.

16. The Collection of a Carucage [Roger of Hoveden, Rolls Series, iv. 46], 1198.

In the same year Richard, King of England, took an aid of 5s. from every carucate of land or hide, of the whole of England, for the collection whereof the same King sent throughout every county of England a clerk and a knight, who, together with the sheriff of the county to which they were sent, and with lawful knights elected hereto, after taking oath faithfully to execute the King's business, summoned before them the stewards of the barons of that county and from every town the lord or bailiff of that town and the reeve with four lawful men of the town, whether freemen or unfree (rusticis), and two of the more lawful knights of the hundred, who swore that they would faithfully and without deceit say how many ploughlands (carucarum wannagia) there were in every town, to wit, how many in demesne, how many in villeinage, how many in alms granted to men of religion, which the grantors or their heirs are bound to warrant or acquit, or wherefrom men of religion ought to do service; and by command of the King they put on each ploughland first 2s. and afterwards 3s.; and all these things were reduced to writing; and the clerk had thereof one roll, and the knight a second roll, the sheriff a third roll, the steward of the barons a fourth roll of his lord's land. This money was received by the hands of two lawful knights of each hundred and by the hand of the bailiff of the hundred; and they answered therefor to the sheriff, and the sheriff answered therefor by the aforesaid rolls at the Exchequer before the bishops, abbots and barons appointed hereto. And for the punishment of any jurors who should conceal aught in this business contrary to their oath, it was decreed that any unfree man convicted of perjury should give to his lord his best plough-ox, and moreover should answer from his own property, to the use of the lord the King, for as much money as he should be declared to have concealed by his perjury; and if a freeman should be convicted, he should be at the King's mercy, and moreover should refund from his own property, to the use of the lord the King, as much as should be concealed by him, like the unfree man. It was also decreed that every baron together with the sheriff should make distraints upon his men; and if through default of the barons distraints were not made, that which should[Pg 33] remain to be rendered by their men should be taken from the demesne of the barons, and the barons themselves should have recourse to their men for the same. And the free fees of parish churches were excepted from this tallage. And all escheats of barons, which were in the hand of the lord the King, paid their share. Serjeanties, however, of the lord the King, which were not of knights' fees, were excepted; nevertheless a list was made of them and of the number of carucates of land and the value of the lands and the names of the serjeants, and all those serjeants were summoned to be at London on the octave of the Close of Pentecost, to hear and execute the command of the lord the King. And those who were elected and appointed to execute this business of the King decreed, by the valuation of lawful men, 100 acres of land to each ploughland.

17. An Acquittance of the Collectors of Scutage of a sum of 10l. levied by them and repaid [Chancery Miscellanea, 1, 18, 9], 1319.

To all Christ's faithful to whom the present letters shall come, John de Twynem, receiver of the money of the lord John of Brittany, earl of Richmond, in the barony of Hastings, greeting in the Lord. Know ye that, whereas John Fillol and William de Northo were appointed [66] to collect and levy in the counties of Surrey and Sussex the scutage of the lord the King of the armies of Scotland of the twenty-eighth, thirty-first and thirty-fourth years of the reign of King Edward, father of King Edward that now is, and afterwards by command of the lord the King were appointed [67] to pay to the said lord John of Brittany, earl of Richmond, the scutage of the tenants of the barony aforesaid of the aforesaid thirty-first and thirty-fourth years, I have received of the aforesaid John Fillol and William de Northo by the hands of the said John to the use of the said lord John of Brittany, earl of Richmond, 10l. for the scutage of five knights' fees in Wartling, Cowden and Socknersh, of the aforesaid thirty-fourth year; of which 10l. I will acquit the aforesaid John and William, their heirs and executors, and save them harmless, against the said earl and others whom[Pg 34]soever. In witness whereof I have set my seal to these presents. Given at Lympne, 12 September, at the beginning of the thirteenth year of the reign of the King abovesaid.[68]

18. Payment of Fines in Lieu of Knight Service [Patent Roll, 31 Edward I, m. 12d], 1303.

The King to the sheriff of York, greeting. Though we lately commanded you that you should cause to be summoned archbishops, bishops, abbots, priors and other ecclesiastical persons, and also widows and other women of your bailiwick, who hold of us in chief by knight service or by serjeanty, or hold of the guardianships of archbishoprics and bishoprics or other guardianships or wardships in our hand, that they should have at our side on the feast of Whitsunday next coming at Berwick-upon-Tweed their whole service due to us, well furnished with horses and arms, and ready to march with us and with others our faithful against the Scots, our enemies; wishing, however, on this occasion graciously to spare the labours of the same prelates, religious persons, women and others, who are unskilled in or even unfit for arms, we command you, straitly enjoining, that forthwith on sight of these presents, in full county-court and none the less in market towns and elsewhere throughout the whole of your bailiwick where you shall deem most expedient, you cause it to be publicly proclaimed that the same prelates, religious persons, women and others insufficient or unfit for arms, who owe us their service and are willing to make fine with us for the same service, come before our treasurer and barons of the Exchequer on the morrow of the Ascension of the Lord next coming, or sooner, if they can, at York, or then send some one thither on their behalf, to make fine with us for their service aforesaid, and to pay the same fine to us on the same morrow, to wit, 20l. for a knight's fee and otherwise in proportion to their knight service or serjeanty due to us in this behalf; or else that they be at our side on the aforesaid feast of Whitsunday with horses and arms, and the whole of their service, as they are bound; and that you have this writ at our said Exchequer on the morrow abovesaid. Witness the King at Laneham, 16 April.[Pg 35]

19. The Assessment of a Tallage [Patent Roll, 8 Edward II, p. 1, m. 14, schedule], 1314.

The King to his beloved and faithful, Hervey de Stanton, Henry le Scrop, John de Merkingfeld and Ralph de Stokes, greeting. Whereas in the sixth year of our reign we caused our cities, boroughs and demesnes throughout England to be tallaged, and certain our lieges to be appointed in the counties of our realm to assess our tallage in our cities, boroughs and demesnes, separately by heads or in common, as they should deem the more expedient for our advantage, and that tallage for certain causes yet remains to be assessed in our city of London: We appoint you to assess that tallage in the city aforesaid and the suburb of the same separately by heads or in common, as you shall deem the more expedient for our advantage. And therefore we command you that without delay you go to the city aforesaid and the suburb of the same to assess the said tallage according to the means of the tenants of the same city and suburb, to wit, from their moveables a fifteenth and from their rents a tenth, so that that tallage be assessed as soon as possible, and the rich be not spared nor the poor burdened overmuch in this behalf; and that after that tallage be assessed in the form aforesaid, you deliver estreats thereof under your seals without delay to our sheriffs of London separately for that tallage to be levied without delay and paid to us at our Exchequer; and that you apply such diligence upon the expedition of the premises that we may deservedly commend you thereupon, in no wise omitting to appear at the Exchequer aforesaid as soon as you conveniently can to certify our treasurer and barons of the Exchequer aforesaid of that which you shall have done in the premises; for we have commanded our sheriffs of the city aforesaid that when they be forewarned by you, three or two of you, they cause to come before you, three or two of you, all those of the city and suburb aforesaid whom they shall deem necessary for the said tallage, and that they be aiding and attending to you hereon, as you shall enjoin upon them on our behalf. In witness whereof, etc. Witness the King at Spalding, 24 October, in the eighth year.[Pg 36]

G. Fitz Peter,[69] earl of Essex, to the sheriff of York, greeting. Command (precipe) Ralph de Nevill justly and without delay to render to Robert, son of Richard de Haverford, Fivelay and Moseton and Sloxton with the appurtenances which the same Robert claims to be his right and inheritance, and whereof he complains that Ralph unjustly deforces him; and if he refuse and Robert give us security to prosecute his claim, summon the same Ralph by good summoners to be before us at Westminster on the quinzaine of Michaelmas to show wherefore he does it not; and have there the summoners and this writ. Witness H. Bard at Shoreham, 21 June.[70]

21. Articles of Enquiry touching Rights and Liberties and the State of the Realm, 2 Edward I.[71] [Patent Roll, 2 Edward I., m. 6], 1274.

How many and what demesne manors the King has in his hand in every county, as well, to wit, of ancient demesnes of the crown, as of escheats and purchases.

Also what manors used to be in the hands of Kings, the King's predecessors, and who hold them now and by what warrant and from what time, and by whom and in what manner they were alienated.

Also touching fees of the lord the King, and his tenants who now hold them of him in chief, and how many fees each of them holds, and what fees used to be holden of the King in chief and are now holden by a mesne lord, and by what mesne, and from what time they have been alienated, and how and by whom.

Also touching the lands of tenants of the ancient demesne of the crown, as well free sokemen as bond, whether [holden] by bailiffs or by the same tenants, and by what bailiffs and by what tenants, and by whom they have been alienated, how and at what time.

In like manner let enquiry be made touching the farms of[Pg 37] hundreds, wapentakes and ridings, cities, boroughs and other rents whatsoever, and from what time [they have been alienated].

Also how many hundreds, wapentakes and ridings are now in the hand of the lord the King, and how many and what are in the hands of others, and from what time and by what warrant, and how much each hundred is worth yearly.

Touching ancient suits, customs, services and other things withdrawn from the lord the King and his ancestors, who have withdrawn them and from what time, and who have appropriated to themselves such suits, customs and other things pertaining to the lord the King and accustomed, and from what time and by what warrant.

Also what other persons claim from the King to have the return and estreats of writs, and who hold pleas of replevin,[72] and who claim to have wreck of sea,[73] by what warrant, and other royal liberties, as gallows, assizes of bread and ale, and other things that pertain to the crown, and from what time.

Also touching those who have liberties granted to them by Kings of England and have used them otherwise than they ought to have done, how, from what time, and in what manner.

Again, touching liberties granted which hinder common justice and subvert royal power, and by whom they were granted, and from what time.

Further, who have newly appropriated to themselves free chaces or warrens without warrant, and likewise who have had such chaces and warrens from of old by grant of the King, and have exceeded the bounds and metes thereof, and from what time.

Also what lords or their stewards or bailiffs whosoever or also the ministers of the lord the King have not suffered execution of the commands of the lord the King to be made, or also have contemned to do them or in any wise hindered them from being done, from the time of the constitutions made at Marlborough in the 52nd year of the reign of the lord King Henry, father of the King that now is.[Pg 38]

Again, touching all purprestures [74] whatsoever made upon the King or the royal dignity, by whom they have been made, how, and from what time.

Touching knights' fees of every fee soever, and land or tenements given or sold to religious or others to the prejudice of the King, and by whom, and from what time.

Touching sheriffs taking gifts for consenting to conceal felonies done in their bailiwicks, or who have been negligent in attaching such felons by any favour, as well within liberties as without; and in like manner touching clerks and other bailiffs of sheriffs, touching coroners and their clerks and bailiffs whomsoever, who have so done in the time of the lord King Henry after the battle of Evesham, and in the time of the lord the King that now is.

Touching sheriffs and bailiffs whomsoever taking gifts for removing recognitors from assizes and juries, and from what time.

Again, touching sheriffs and bailiffs whomsoever who have amerced for default those who were summoned to inquisitions made by command of the lord the King, when by the same summons sufficient persons came to make such inquisitions, and how much and from whom they have taken for the cause aforesaid, and at what time.

Again, touching sheriffs who have delivered to bailiffs, extortionate and burdensome to the people beyond measure, hundreds, wapentakes or ridings at high farms, that so they might raise their farms; and who were those bailiffs and on whom such damages were inflicted, and at what time.

Again, when sheriffs ought not to make their tourn save twice a year, who have made their tourn more often in a year, and from what time.

Again, when fines for redisseisin or for purprestures made by land or water, for hiding of treasure and for other such things, pertain to the lord the King, and sheriffs ought to attach the same, who have taken such fines, and from whom and how much.

Again, who by the power of their office have troubled any maliciously and hereby extorted lands, rent or other payments, and from what time.

Who have received command of the lord the King to pay[Pg 39] his debts and have received from the creditors any portion for paying them the residue, and nevertheless have caused the whole to be allowed them in the Exchequer or elsewhere, and from what time.

Who have received the King's debts or part of his debts and have not acquitted the debtors, as well in the time of the lord King Henry as in the time of the lord the King that now is.

Who have summoned any to be made knights and have received bribes from them to have respite, and how much and at what time. And if any great men or others without the King's command have distrained any to take up arms, and at what time.

Again, if any sheriffs or bailiffs of any liberty soever have not made summons in due manner according to the form of the writ of the lord the King, or have otherwise fraudulently or insufficiently executed the royal commands through prayer, price or favour, and at what time.

Again, touching those who have had approvers [75] imprisoned and have caused them to appeal [76] loyal and innocent persons for the sake of gain, and sometimes have hindered them from appealing guilty persons, and from what time.

Again, who have had felons imprisoned and permitted them for money to depart and escape from prison free and unpunished, and who have extorted money for dismissing prisoners by plevin,[77] when they have been replevied, and from what time.

Again, who have received any gifts or bribes for exercising or not exercising or executing their offices, or have executed the same or exceeded the limits of the King's command otherwise than pertained to their office, and at what time.

And let all these things be enquired of, as well in the case of sheriffs, coroners, their clerks and bailiffs whomsoever, as in the case of lords and bailiffs of liberties whatsoever.

Again, what sheriffs or keepers of castles or manors of the lord the King, for any [works], or also what surveyors of such works wheresoever made by the King's command, have accounted for a greater sum in the same than they have reasonably spent and hereupon have procured false allowances to be made to them. And likewise who have retained or moved[Pg 40] away to their own use stone, timber or other things bought or purveyed for such works, and what and how much damage the lord the King has had thence, and at what time.

Touching escheators and subescheators, during the lord the King's seisin, doing waste or destruction in woods, parks, fishponds, warrens within the wardships committed to them by the lord the King, how much, and in the case of whom, and in what manner and at what time.

Again, touching the same, if by reason of such seisin they have unjustly taken goods of deceased persons or of heirs into the hand of the lord the King, until they were redeemed by the same, and what, and how much they have so taken for such redemption and what they have retained thereof to their own use, and at what time.

Again, touching the same, who have taken gifts from any for executing or not executing their office, how much and from whom and at what time.

Again, touching the same, who have insufficiently extended [78] the lands of any man for favour to him or another to whom the wardship of those lands should be given, sold or granted, to the deception of the lord the King, and where and in what manner, and if they have taken anything therefor, and how much, and at what time.[79]

The King to the sheriff of Kent, greeting. Because we have been given to understand that a great mass of a whale lately cast ashore by the coast of the river Thames between Greenwich and Northfleet in your county, which should pertain to us as our wreck, and whereof a great part has been carried away by certain evildoers in contempt of us, remains still in your keeping, to be delivered to us or others at our command, as is fitting: We order you, straitly enjoining on you, that you cause all of the whale aforesaid, which is thus in your keeping, to be entirely delivered without any delay to our beloved and[Pg 41] trusty Nicholas de la Beche, constable of our Tower of London, to be kept to our use, as has been more fully enjoined on him by us; and that you in no wise neglect so to do; for we have commanded the same Nicholas to receive from you that mass, to be kept in the form aforesaid. Witness the King at Westminster 14 January. By the King himself.[Pg 43][Pg 42]

SECTION III

1. Charter of liberties to the Jews, 1201—2. Ordinances of 1253—3. Expulsion of a Jew, 1253—4. Punishment for non-residence in a Jewry, 1270—5. Grant of a Jew, 1271—6. Ordinances of 1271—7. Removal of Jewish communities from certain towns to others, 1275—8. Disposition of debts due to Jews after their expulsion, 1290.

The documents in the following section illustrate the anomalous position of the Jews in England, the nature of the royal protection, which accorded them a security due to them as the king's personal property (No. 1), the restrictions put upon their religious and social life (No. 2) and upon their possession of land (No. 6), the summary treatment dealt out to them if they failed to fulfil their function (No. 3), or dwelt outside the narrow range of a Jewry-town (No. 4), the arbitrary manner in which they were transferred from person to person, or uprooted from one town and transplanted (Nos. 5 and 7), and the manner of their expulsion (No. 8).

Their function in the state was twofold, to supply the crown at any moment with ready money, and to act as a channel for the conveyance to the king of the property of his subjects. The degree of their usefulness must be gauged by the provisions of their charter (No. 1). It is reasonable to suppose that their expulsion was only determined on when the crown had drained their resources, or when, as was the case, there were other supplies available from a class of financiers less obnoxious to the racial and religious prejudices of the age. The place of the Jews was immediately occupied by the merchants of Lucca, and later by the Friscobaldi, the Bardi and Peruzzi and other wealthy societies of Italian merchant-bankers.[Pg 44]

The principal modern writers dealing with the subject in this section are:—Jacobs, The Jews in Angevin England; Jacobs, London Jewry (Anglo-Jewish Exhibition Papers); Gross, Exchequer of the Jews (Anglo-Jewish Exhibition Papers); Rigg, Select Pleas of the Exchequer of the Jews (Selden Society); Rye, Persecution of the Jews in England (Anglo-Jewish Exhibition Papers); Abrahams, The Expulsion of the Jews from England.

John by the grace of God, etc. Know ye that we have granted to all Jews of England and Normandy that they may freely and honourably reside in our land, and hold of us all things that they held of King Henry, our father's grandfather, and all things that they now hold reasonably in their lands and fees and pawns and purchases, and that they may have all their liberties and customs as well and peaceably and honourably as they had them in the time of the aforesaid King Henry, our father's grandfather.

And if a plaint shall have arisen between Christian and Jew, he who shall have appealed the other shall have witnesses for the deraignment of his plaint, to wit, a lawful Christian and a lawful Jew. And if the Jew shall have a writ touching his plaint, his writ shall be his witness; and if a Christian shall have a plaint against a Jew, it shall be judged by the Jew's peers.

And when a Jew be dead, his body shall not be detained above ground, but his heir shall have his money and his debts; so that he be not disturbed thereon, if he have an heir who will answer for him and do right touching his debts and his forfeit.

And it shall be lawful for Jews without hindrance to receive and buy all things which shall be brought to them, except those which are of the Church and except cloth stained with blood. And if a Jew be appealed by any man without witness, he shall be quit of that appeal by his bare oath upon his Book. And in like manner he shall be quit of an appeal touching those things which pertain to our crown, by his bare oath upon his Roll.

And if there shall be dispute between Christian and Jew[Pg 45] touching the loan of any money, the Jew shall prove his principal and the Christian the interest.

And it shall be lawful for the Jew peaceably to sell his pawn after it shall be certain that he has held it for a whole year and a day.

And Jews shall not enter into a plea save before us or before those who guard our castles, in whose bailiwicks Jews dwell.

And wherever there be Jews, it shall be lawful for them to go whithersoever they will with all their chattels, as our own goods, and it shall be unlawful for any to retain them or to forbid them this freedom.

And we order that they be quit throughout all England and Normandy of all customs and tolls and prisage of wine, as our own chattel. And we command and order you that you guard and defend and maintain them.

And we forbid any man to implead them touching these things aforesaid against this charter, on pain of forfeiture to us, as the charter of King Henry, our father, reasonably testifies. Witnesses; Geoffrey Fitz Peter, Earl of Essex; William Marshal, Earl of Pembroke; Henry de Bohun, Earl of Hereford; Robert de Turnham; William Briwere; etc. Dated by the hand of Simon, Archdeacon of Wells, at Marlborough, on the 10th day of April in the second year of our reign.

The King has provided and decreed, etc., that no Jew dwell in England unless he do the King service, and that as soon as a Jew shall be born, whether male or female, in some way he shall serve the King. And that there be no communities of the Jews in England save in those places wherein such communities were in the time of the lord King John, the King's father. And that in their synagogues the Jews, one and all, worship in subdued tones according to their rite, so that Christians hear it not. And that all Jews answer to the rector of the parish in which they dwell for all parochial dues belonging to their houses. And that no Christian nurse hereafter suckle or nourish the male child of any Jew, and that no Christian man or woman serve any Jew or Jewess, nor eat with them, nor dwell in their house. And that no Jew or[Pg 46] Jewess eat or buy meat in Lent. And that no Jew disparage the Christian faith, nor publicly dispute touching the same. And that no Jew have secret intercourse with any Christian woman, nor any Christian man with a Jewess. And that every Jew wear on his breast a conspicuous badge. And that no Jew enter any church or any chapel save in passing through, nor stay therein to the dishonour of Christ. And that no Jew in any wise hinder another Jew willing to be converted to the Christian faith. And that no Jew be received in any town without the special licence of the King, save in those towns wherein Jews have been wont to dwell.[82]

And the justices appointed to the guardianship of the Jews are commanded to cause these provisions to be carried into effect and straitly kept on pain of forfeiture of the goods of the Jews aforesaid. Witness the King at Westminster on the 31st day of January.

The King, etc., to the sheriff of Kent, etc. Know that we caused to be assessed before us upon Salle, a Jew, a tallage to be rendered on Wednesday next before Whitsunday in the thirty-seventh year, and because the same Jew rendered not his tallage on the said day, and on the same day received a command on our behalf before the justices [appointed to the guardianship of the Jews] that within three days after the aforesaid Wednesday he should make his way to the port of Dover to go forth there with his wife and never to return, saving to the King his lands [rents and tenements and chattels]: We command you that by oath of twelve [good and lawful men] you make diligent enquiry what lands [rents and tenements and chattels] he had on the said day, and who [holds or hold the same] and how much they are worth, saving the service, etc., and how much they are worth for sale; and that you enquire also by oath, etc., what chattels he had in all chirographs outside the chest, and what they are worth, and to whose hands they have come, and that you cause proclamation to be made that none of Salle's debtors hereafter render a[Pg 47] penny to him,—let the proclamation be made in every hundred, city, etc.,—and that you take into our hand all the lands, rents and tenements and chattels aforesaid, and keep them safely until [we make other order thereon]; and let the inquisition come on the morrow of Holy Trinity.

4. Punishment for Non-residence in a Jewry [84] [Jews' Plea Rolls, 6, m. 7d.], 1270.

Devon. Because Jacob of Norwich, a Jew, dwells at Honiton without the King's licence, where there is no community of Jews, the sheriff is ordered to take into the King's hand all goods and chattels of Jacob, and to keep them safely until [the King make other order thereon], and to have his body before [the justices appointed to the guardianship of the Jews] on the octave of Holy Trinity, to answer, etc.; and to certify [the Treasurer and Barons of the Exchequer] what goods [and chattels] of the said Jacob he has taken, On the same day, etc.

Henry, etc., to all, etc., greeting. Whereas we have given and granted to Edmund, our dearest son, Aaron, son of Vives, a Jew of London, with all his goods and chattels and other things which may pertain to us touching the aforesaid Jew; We, at the instance of our aforesaid son, willing to show more abundant grace to the aforesaid Aaron, grant that in all pleas moved or to be moved for or against him, there be associated with the justices appointed to the guardianship of the Jews, on behalf of and by the choice of our son, an assessor to hear and determine those pleas according to the Law and Custom of Jewry. We have granted also to the same Jew that by licence of our aforesaid son he may give and sell his debts to whomsoever he will, and that any man soever may buy them, notwithstanding the Provision made of late that no Jew may sell his debts to any Christians, and that no Christian may buy the same, without our will and licence. In witness where[Pg 48]of, etc. Witness myself at Westminster on the—— day of January in the 55th year of our reign.

The King to his beloved and trusty men, his Mayor and Sheriffs of London, and to all his bailiffs and trusty men to whom [these present letters shall come], greeting. Know ye that to the honour of God and the Church Universal, and for the amendment and profit of our land and the relief of Christians from the damages and burdens which they have borne on account of the freeholds which the Jews of our realm claim to have in lands, tenements, fees, rents and other holdings; and that prejudice may not grow hereafter to us or the commonalty of our realm or to the realm itself: We have provided by the counsel of the prelates, magnates and chiefs who are of our council, and also have ordained and decreed for us and our heirs that no Jew have a freehold in manors, lands, tenements, fees, rents and holdings whatsoever by charter, gift, feoffment, confirmation or any other obligation, or in any other wise; so however that they may dwell hereafter in their houses in which they themselves dwell in cities, boroughs or other towns, and may have them as they have been wont to have them in times past; and also that they may lawfully let to Jews only and not to Christians other their houses, which they have to let; so, however, that it be not lawful for our Jews of London to buy or in any other wise purchase [87] more houses than they now have in our city of London, whereby the parish churches of the same city or the rectors of the same may incur loss. Nevertheless the same Jews of London shall be able to repair their ancient houses and buildings formerly demolished and destroyed, and restore them at their will to their former condition. We have also provided and decreed by the same our council that touching their houses aforesaid to be dwelt in or let, as is aforesaid, no Jew plead or be able to plead by our original writs of Chancery but only before our justices appointed to the guardianship of the Jews by the writs of Jewry hitherto used and accustomed. Touching lands and holdings, however, whereof Jews were[Pg 49] enfeoffed before the present Statute, which also they now hold, we will that such infeudations and gifts be totally annulled, and that the lands and tenements remain to the Christians who demised the same to them; so, however, that the Christians satisfy the Jews of the money or chattel specified in their charters and chirographs,[88] which the Jews gave to the Christians for such gift or infeudation, without interest; with this condition added, that if those Christians cannot satisfy them thereof forthwith, it be lawful for the Jews aforesaid to demise those tenements to other Christians, until their chattels can be levied therefrom without interest by reasonable extent, according to the true value of the same, saving, however, to the Christians their lodging, so that the Jew receive therefrom his money or chattel by the hands of Christians and not of Jews, as is aforesaid. And if it happen that any Jew hereafter receive feoffment from any Christian of any fee or tenement against the present Statute, the Jew shall altogether lose the said tenement or fee, and the same shall be taken into our hand and kept safely, and those Christians or their heirs shall have again that land or tenement from our hand; so, however, that they then pay to us the whole sum of money which they received from the Jews for such feoffment; or if their means are not sufficient therefor, then they shall render to us and our heirs at our Exchequer yearly the true value of those tenements or fees, by true and reasonable extent of the same, until we be fully satisfied of such money or chattel.

Moreover touching nurses of young children, bakers, brewers, and cooks employed by Jews, because Jews and Christians are diverse in faith, we have provided and decreed that no Christian man or woman presume to minister to them in the aforesaid services.

And because Jews have long been wont to receive by the hands of Christians certain rents of lands and tenements of Christians as in perpetuity, which rents were also called fees, we will and have decreed that the Statute made of late by us thereon remain in full force, and be not impaired in any wise by the present Statute.

And therefore we command, straitly enjoining on you, that you cause the Provision, Ordinance and Statute aforesaid to be publicly proclaimed throughout your whole bailiwick, and[Pg 50] to be straitly kept and observed. In witness whereof, etc. Witness the King at Westminster, July 25.

7. Removal of Jewish Communities from certain Towns to Others [89] [Jews' Plea Rolls, 18, m. 6], 1275.

By writ of the lord the King directed to the justices in these words:—Whereas by our letters patent we have granted to our dearest mother, Eleanor, Queen of England, that no Jew shall dwell or stay in any towns which she holds in dower by assignment of the lord King Henry, our father, and of ourself, within our realm, so long as the same towns be in her hand; and for this cause we have provided that the Jews of Marlborough be transferred to our town of Devizes, the Jews of Gloucester to our town of Bristol, the Jews of Worcester to our town of Hereford, and the Jews of Cambridge to our city of Norwich, with their Chirograph Chests, and with all their goods, and that henceforth they dwell and stay in the aforesaid towns and city among the rest of our Jews there: We command you that you cause the aforesaid Jews of Marlborough, Gloucester, Worcester and Cambridge to be removed from those towns, without doing any damage to them in respect of their persons or their goods, and to transfer themselves to the places aforesaid with their Chirograph Chests, as safely to our use as you shall think it may be done. Witness myself at Clarendon on the 16th day of January in the third year of our reign.

The sheriffs of the counties aforesaid, and the constables, are ordered to cause the aforesaid Jews to be transferred to the places aforesaid.

8. Disposition of Debts Due to Jews after Their Expulsion [90] [Close Roll, 18 Edward I, m. 1], 1290.

Edward etc. to the Treasurer and Barons of the Exchequer, greeting. Whereas formerly in our Parliament at Westminster on the quinzaine of St. Michael in the third year of our reign, to the honour of God and the profit of the people[Pg 51] of our realm, we ordained and decreed that no Jew thenceforth should lend anything at usury to any Christian on lands, rents or other things, but that they should live by their commerce and labour; and the same Jews, afterwards maliciously deliberating among themselves, contriving a worse sort of usury which they called courtesy (curialitatem), have depressed our people aforesaid on all sides under colour thereof, the last offence doubling the first; whereby, for their crimes and to the honour of the Crucified, we have caused those Jews to go forth from our realm as traitors: We, wishing to swerve not from our former choice, but rather to follow it, do make totally null and void all manner of penalties and usuries and every sort thereof, which could be demanded by actions by reason of the Jewry from any Christians of our realm for any times whatsoever; wishing that nothing be in any wise demanded from the Christians aforesaid by reason of the debts aforesaid, save only the principal sums which they received from the Jews aforesaid; the amount of which debts we will that the Christians aforesaid verify before you by the oath of three good and lawful men by whom the truth of the matter may the better be known, and thereafter pay the same to us at terms convenient to them to be fixed by you. And therefore we command you that you cause our said grace so piously granted to be read in the aforesaid Exchequer, and to be enrolled on the rolls of the same Exchequer, and to be straitly kept, according to the form above noted. Witness myself at King's Clipstone on the 5th day of November in the eighteenth year of our reign.

SECTION IV

1. Extent of the manor of Havering, 1306-7—2. Extracts from the Court Rolls of the manor of Bradford, 1349-58—3. Deed illustrating the distribution of strips, 1397—4. Regulation of the common fields of Wimeswould, c. 1425—5. Lease of a manor to the tenants, 1279—6. Grant of a manor to the customary tenants at fee farm, ante 1272—7. Lease of manorial holdings, 1339—8. An agreement between lord and tenants, 1386—9. Complaints against a reeve, 1278—10. An eviction from copyhold land, temp. Hen. IV.-Hen. VI.—11. Statute of Merton, 1235-6—12. An enclosure allowed, 1236-7—13. An enclosure disallowed, 1236-7—14. A villein on ancient demesne dismissed to his lord's court, 1224—15. Claim to be on ancient demesne defeated, 1237-8—16. The little writ of right, 1390—17. Villeinage established, 1225—18. Freedom and freehold established, 1236-7—19. A villein pleads villeinage on one occasion and denies it on another, 1220—20. An assize allowed to a villein, 1225—21. A freeman holding in villeinage, 1228—22. Land held by charter recovered from the lord, 1227—23. The manumission of a villein, 1334—24. Grant of a bondman, 1358—25. Imprisonment of a gentleman claimed as a bondman, 1447—26. Claim to a villein, temp. Hen. IV.-Hen. VI.—27. The effect of the Black Death, 1350—28. Accounts of the iron-works of South Frith before and after the Black Death, 1345-50.—29. The Peasants' Revolt, 1381.

The attempt to find an inclusive definition of the manor, true alike for every century and for all parts of the country, involves a risk of divorcing the institution from its historical associations, and of depriving it of its social and economic significance. The typical manor exists only in theory, actual manors being continuously modified by the inevitable changes due to the growth of population and commercial expansion. Such modifications of economic structure proceeded with great rapidity between the Conquest and the beginning of the[Pg 54] fourteenth century. A comparison of the neat simplicity of the royal manor of Havering in Domesday Book (Section I., No. 10) with its highly complex organisation in the time of Edward I. (below, No. 1), reveals an extraordinary development; the 10 hides, 40 villeins and 40 ploughs of the one are represented by the 40 virgates of the other, but the elaborate hierarchy of tenants in the later survey throws into strange relief the primitive customary nucleus and gives it the appearance already of an archaic survival. It is reasonable to assume that the generation which immediately followed the Conquest witnessed a crystallisation of custom, which preserved untouched for centuries the lord's demesne and the common fields; while on the other hand the colonisation of the waste by progressive enclosures slowly altered the social balance, emphasising the disabilities of the villein class and widening the gulf between lord and customary tenant. The economic position of the customary tenants was becoming worse by the operation of natural laws, for not only was the subdivision of the virgates reaching its limits, but common rights were being continuously diminished by enclosure. Large numbers of the Havering virgaters in 1307 were occupying quite small holdings, while the purprestures, or encroachments on the waste, were becoming formidable. These considerations suggest that early manorial history can best be studied by investigations into the extent of enclosure in the twelfth and thirteenth centuries, and that concentration on the unprogressive nucleus of the manor, on villeinage and customary tenure, may well blind the student to the greater economic significance of the developments outside the common fields. It thus appears probable that the visitation of the Black Death will fall into place as an incident rather than an epoch.

The documents given below attempt to illustrate manorial history in both its praedial and its personal aspects. The essential features of the manor, in its legal aspect, namely, the customary court, customary tenure, and customary services, are shown in the Extent (No. 1) and the extracts from a Court Roll (No. 2), while the common-field system and[Pg 55] the distribution of strips appear in Nos. 3 and 4. The commutation of service for rent (Nos. 1, 8, 9) and the transition from customary to leasehold tenure (Nos. 7, 10) show natural forces at work undermining the traditional economy; while the leasing of customary holdings (No. 7) or of a whole manor to all the tenants in common (No. 5) or to a farmer (No. 10), the grant of manors to the tenants at fee farm in perpetuity (No. 6), and the enclosure of waste (Nos. 1, 11, 12, 13), illustrate the wide range of variety possible in the actual management of the agricultural unit. There appears to be little doubt that the villeins suffered a considerable depression as the result of the Norman Conquest; their refusal, however, to acquiesce permanently in the changed conditions is clear from their continued efforts to rise out of their disabilities and to improve their social and economic status, a movement which begins by the attempts of individuals to climb in the scale by flight (No. 2), by claims to be on the king's ancient demesne (Nos. 14, 15), and by the bringing of actions before the justices of assize, a procedure open only to freemen (Nos. 17-22), and gathers force in the fourteenth century until it culminates in the "great fellowship" which organised a self-conscious class revolt throughout the country (No. 29). No. 16 is an instance of the little writ of right, one of the privileges of the favoured tenants on ancient demesne. Manumission was always a possible method of achieving freedom (No. 23), and it may be that the grant of a bondman (No. 24) was a stage in the process of emancipation. Manumission became common at a time when the demand for English wool was encouraging pasture at the sacrifice of tillage, but even in the fifteenth century men might suffer atrocious ignominy through the imputation of villeinage (Nos. 25, 26). The dislocation caused by the Black Death is dramatically illustrated in the Court-Roll (No. 2), the letter from the abbot of Selby (No. 27), and the accounts of the South Frith iron-works in the year before and the year after the first visitation (No. 28); it is to be noted, in the latter document, that for the years 1347-8 and 1348-9 there are no accounts extant at all.[Pg 56]

The principal modern writers dealing with the subject in this section are:—Pollock and Maitland, History of English Law; Vinogradoff, Villeinage in England; Ashley, The Character of Villein Tenure (English Historical Review, VIII.); Rogers, History of Agriculture and Prices; Rogers, Six Centuries of Work and Wages; Maitland, History of a Cambridgeshire Manor; Bateson, Mediæval England; Vinogradoff, Oxford Studies in Social and Legal History, II.; Hone, The Manor and Manorial Records; Elton, Custom and Tenant Right; Gasquet, The Great Pestilence; Little, The Black Death in Lancashire (English Historical Review, V.); Oman, The Great Revolt; Powell, The Rising in East Anglia in 1381.

Documentary authorities:—Durham Halmote Rolls (Surtees Society); Custumals of Battle Abbey (Camden Society); Boldon Book Survey of Possessions of the See of Durham (Surtees Society); Select Pleas in Manorial Courts (Maitland, Selden Society); The Court Baron (Maitland & Baildon, Selden Society); Cartulary of Ramsey Abbey (Rolls Series); Inquisition of Manors of Glastonbury Abbey (Roxburgh Club); Manchester Court Leet Records (Harland, Chetham Society). A large number of manorial records are edited among the publications of the Society of Antiquaries and County Record and Archæological Societies.

Literary authorities:—Robert Grossteste, Epistolœ (Rolls Series); Walter of Henley, Husbandry (Lamond); Piers Plowman; Chaucer, Canterbury Tales.

The Manor of Havering extended by the order of the King before ... and Richard le Rus in the thirty-fifth year of the reign by Richard of the Elms (de Ulmis)[91]....

Who say on their oath that the King has there in demesne 223½ acres of arable land, whereof the acre is worth 6d. a year.

Further, 38 acres of arable land, which Adam de Rumford holds, which are of the demesne and were arrented by William Brito and his fellows, as is found below.

Further, 5 acres of arable land, which Walter le Blake holds, and they are of the demesne and were arrented by the same as below, etc.[Pg 57]

Further, 4 acres of meadow, which Baldwin le Blund holds, which are of the demesne and were arrented by the same as below, etc.

Further, they say that the King can have in the common pasture, to wit, in the woods, heaths and marshes, his oxen and cows, sheep, horses and swine and other his beasts at his will, and so that all the tenants of the same manor may have their beasts and all their cattle in the aforesaid common when they will. And if the King have no beasts in the common, he shall take nothing therefor.

Further, they say that the King has a plot of land in his park enclosed with hedge and dyke, which is called the King's garden; but it is not tilled; therefore there is no profit.

Further, they say that the King has there his park enclosed round with a paling, and as well the men of the same manor as others of the neighbourhood outside the manor ought to renew and repair that paling as often as need be,[92] according as is found below; and in that park no cattle nor any beasts ought to enter except by licence of the King's bailiff. And if any cattle or any beasts enter the same park without licence of the bailiff, they are forfeit and must be ransomed at the will of the bailiff, if they are foreign, and if they are of the manor, then they are to be ransomed for 1d. for each foot, if it please the bailiff to take so much.

Further, they say that the King has in the same manor three foreign woods pertaining to the aforesaid manor, which the King's bailiffs of the same manor have always had in keeping, together with the aforesaid manor, and they have had attachments and all other esplees [93] of the same woods, to complete the farm of the same manor, to wit, Westwode, Haraldeswode and Crocleph. And in those three woods all the tenants of the same manor ought to have common of herbage for all their[Pg 58] beasts and all their cattle throughout the whole year, except between the feast of Michaelmas and the feast of Martinmas,[94] and then also there may enter into the same woods the horses of the aforesaid tenants, as also throughout the whole year, and the swine of the same tenants for pannage,[95] and no other beasts. And if sheep or oxen be found in the aforesaid woods, or geese, except when driven to the water or the market or elsewhere, so that they make no stay in the same, whosesoever they be, they ought to be imparked and kept until they shall have satisfied the King's bailiff for that trespass. And if within the aforesaid time any foreign beast, which does not belong to any tenant of the manor, be found in the aforesaid woods, the King's bailiff can ransom it, to wit, for 40d. for each ox or cow, or 1d. for each foot of each beast, or otherwise, as he shall please, within 40d. And if any foreign cart shall pass through the aforesaid woods within the aforesaid time, it shall give to the King's bailiff 1d. of custom. And if any foreigner shall drive his beasts through the aforesaid woods within the aforesaid time, he shall give to the King's bailiff 1d. of custom. And these customs are called "leph" within the aforesaid time.

Further, they say that the King's bailiff ought to have all the wood thrown down by the wind and all windfall wood in the aforesaid three woods within the aforesaid time, to complete the farm of the manor.

And the pannage of the whole manor and the aforesaid customs called "leph" and the wood and windfall wood within the aforesaid time are extended in the profit of the manor at 100s.

Further, they say that no men of the foreign neighbourhood ought to have common in the aforesaid woods at any time of the year, nor ought their beasts or cattle to enter the aforesaid woods except by licence of the bailiff. And if they enter, they ought to be imparked and kept until they shall satisfy the bailiff for that trespass.

Further, they say that every customary cart which carries wood or charcoal or any other thing of custom for sale and passes through any of the aforesaid woods shall give to the bailiff 4d. of custom.[Pg 59]

Names of the tenants holding virgate lands, and rents of the same virgates and customs which pertain to them.

John de Walda holds 3½ virgates with their homages appurtenant and renders 76s. a year at the two terms, without customs. Sum, 76s.

Maurice Algar holds ½ virgate with its homages appurtenant and renders 9s. a year at the two terms.

William the Smith holds two parts of half a virgate with its homages appurtenant and renders 6s. a year at the two terms.

Richard Maneland holds a third part of half a virgate with its homages and renders 3s. a year at the two terms. Sum, 18s.

Richard de Dovere holds one virgate with its homage appurtenant and renders 30s. a year at the two terms; which virgate was of Hamo Peverel. Sum, 30s.

Nicholas de la Hulle holds a fourth part of a virgate with homages and renders 5s. a year.

Walter de la Hulle holds a fourth part of a virgate with homages and renders 4s. 2d. a year at the two terms.

Richard son of Thomas de Bruera holds a fourth part of a virgate with homages and renders 30d. a year at the two terms.

William Annore holds a fourth part of a virgate with homages and renders 6s. a year at the two terms.[96] Sum, 17s. 8d.

William Emeline holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

William Snelling holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

John Dasel holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

William Trilling holds two parts of half a virgate and renders 10s. a year at the two terms.[Pg 60]

William Don holds a third part of half a virgate with homage at the Faucur and renders 5s. a year at the two terms.

Simon Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.

Isabel Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.

Richard the Fuller holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms. Sum, 27s. 6d.

Henry de la Bruer holds a fourth part of a virgate and renders 7s. 6d. a year at the two terms.

Simon Pecoc holds an eighth part of a virgate and renders 3s. 9d. at the two terms.

Isabel Pecoc holds an eighth part of a virgate and renders 3s. 9d. a year at the two terms. Sum, 15s.

Further, John de Walda holds a virgate of land which was arrented first to the use of the King in the presence of William Brito and his fellows, approvers, and renders therefor 30s. a year of rent of assize.

And thus there are in all in the aforesaid manor 40 virgates of land which render yearly in rent of assize: Sum, 47l. 19s. 5½d.

And be it known that each virgate ought to do all the works underwritten, and the works of each virgate are worth by themselves 7s. a year.

Virgate works.—Further, it is acknowledged by the aforesaid jurors that each virgate in the aforesaid manor owes all the customs underwritten, and so in proportion half a virgate and other parts according to the portion and quantity of land, as the virgate is divided, to wit, to plough 4 acres a year in the winter season, and the ploughing of each acre is worth 4d. Further, it ought to harrow those 4 acres, and the harrowing of each acre is worth ½d. Further it ought to thresh and winnow 1 quarter of rye for seed, and that threshing and winnowing is worth 2d. Further it ought to reap, bind and cock 4 acres,[Pg 61] and this custom is worth 3d. for each acre, to wit, of rye. Further it ought to plough 4 acres in the summer season, and the ploughing of each acre is worth 3d. Further it ought to harrow those 4 acres, and the harrowing of each acre is worth ½d. Further it ought to thresh and winnow 1½ quarters of oats, and the threshing and winnowing is worth 1½d. Further it ought to reap, bind and cock 4 acres of oats, and that custom is worth 2½d. for each acre. Further it ought to find two men for one day to hoe until noon, and that custom is worth 2d. Further it ought to find two men for one day to hoe in the summer season until noon, and that custom is worth 2d. Further it ought to carry the corn from the field of the lord the King to the grange with one waggon for one day until noon, and that carrying is worth 3½d. Further it ought to find four men to lift the hay in the meadow of the lord the King for one day, and that custom is worth 2d. Further it ought to carry a waggonload of hay, and each carrying is worth 3d. Further it ought to manure with manure of the lord the King 4 selions [97] 40 perches in length in the next field ploughed for fallow, and that manuring is worth 4d. And it ought to do all these customs beforewritten at its own cost.

Sum of the aforesaid works, 6s. 2d. And of lawful increment for each virgate, 10d. a year. And thus the sum of the works of each virgate is 7s. a year.

Further, each virgate ought to enclose 6 perches of the paling of the park of the lord the King in the same manor with timber given by livery of the foresters and parkers. Further, all the tenants in the said manor ought to pay pannage for all the swine which they have between the feast of St. Michael [98] and the feast of St. Martin,[99] except those whom the King's charter protects, wheresoever they be within the manor, to wit, they owe a tenth part of the value of each pig which is worth more than 5d., whether there be acorns (pesona) or not; so nevertheless that for a pig worth more than 20d. the tenant shall give only 2d. Further all the tenants and sub-tenants throughout the bounds ought to guard the prisoners of the lord the King by night, except the cotmen, who ought to guard the said prisoners by day; and the prisoners ought to be imprisoned at the houses of the cotmen by night and day from house to house until their term be finished.[Pg 62]

Simon Weyland holds the swineherd's land, and renders ½ mark a year, because there are no swine.

The heir of William the Weaver holds the shepherd's land, and renders 12s. a year, because there are no animals.

John le Messager holds one ploughman's land, and renders 12s. a year, because there is no plough.

Adam le Wardur holds another ploughman's land, and renders 12s. a year, because there is no plough.

William Anore holds the smith's land, and renders 5s. a year, because there is no plough.

Geoffrey son of Peter holds 6 acres of land, for which land he ought to carry the writs of the lord the King, when they come in the manor of the lord the King, wheresoever the bailiff shall wish within the county, at his own cost, and receiving 1½d. for going a reasonable day's journey out of the county and nothing for the return journey.

Names of the cotters and rents of assize of their tenements and the customs of the same.

Peter le Abbot and his partners hold one cotland and render yearly 4s. and for works 49d.

William son of Savary holds one cotland and renders yearly 4s. and for works 49d.

Juliana relict of Edmund and her partners hold one cotland and render yearly 5s. and for works 49d.

William de Ros and Adam Pays hold one cotland and render yearly 5s. and for works 49d.

William de Uphavering the younger holds one cotland and renders yearly 5s. and for works 49d.

Lands occupied over [100] the King and arrented by William Brito and his fellows.

Richard Hageman holds 16 acres of land of new purpresture [101] and renders yearly half a mark.[102]

Richard Segar holds two dayworks with a house of the same [i.e. of new purpresture] and renders yearly 8d.

The prior of Hornchurch holds 66 acres and 2 dayworks of land and 1 rood of meadow of encroachment and renders yearly half a mark.

Richard de Dovere holds the watercourse from Romford bridge to the park of Havering, and for the watercourse from the end of the fishpond of the abbot of Waltham between Havering and Weald to the mete and bound of the limits of Havering as far as the watercourse extends, and renders yearly 12d.

Richard de Dovere holds 85 acres of demesne in several places and renders yearly 20s.

Names of all sub-tenants in the town of Havering who have chattels to the value of 40d. of whom it is acknowledged by the aforesaid jurors that each such tenant ought to reap, bind and cock one acre of oats of the demesne of the lord the King in autumn, and to find one man to mow in the King's meadow for one day at his own cost. And every of them, according as they join in a plough for ploughing their own land, shall plough for the lord the King each year for one day at the summer ploughing and for another day at the winter ploughing.[105]

The King is in seisin of the wardship of the lands and heirs of all the tenants of the same manor, and can hold them when he deems it to his advantage, and then he shall have no heriot. And if he deem it not to be expedient for him to hold the wardship of the lands and heirs in his own hand, he can demise the same, and then he shall have a heriot and relief.

Further, they say that all the tenants of the same manor can marry their sons and daughters without licence of the King or of his bailiffs, except the cotmen.

Further, they say that the King can tallage all the tenants of the same manor, except those who hold by charters of Kings at their will, according to their means, when he tallage other his demesne manors.

Further, they say that heriots and reliefs and other perquisites can be worth in common years 53s. 4d.

Sum total of all sums of the same manor, 112l. 10s. 11¾d., except free tenants and the ploughing of sub-tenants and customary carts.

2. Extracts From the Court Rolls of the Manor Of Bradford, Co. York [Court Rolls, 129, 1957], 1349-1358.

Court of Bradford holden on Saturday, the eve of St. Lucy the Virgin, 23 Edward III.[106]

Henry son of William the Clerk of Bradford, executor of the will of the said William, was summoned to answer Richard de Wilseden, chaplain, touching a plea wherefore he renders not to him 7s. 10d., which he owes him, because the aforesaid William, his father, whose executor he is, was bound to him, and which he ought to have paid him at Michaelmas last past, and which the same Henry still detains from him, to the heavy damage of the said Richard[Pg 66] of 2s. etc. And the aforesaid Henry, being, present in court, cannot deny that he owes him the said money. It is therefore awarded that the same Richard recover against him the aforesaid 7s. 10d., together with his aforesaid damages. And the aforesaid Henry is in mercy for the unjust detention, etc.

Amice, daughter and heir of Roger de Oulesnape, came here into Court and took a cottage and 4 acres of poor bondage land in the town of Stanbury after the death of the aforesaid Roger, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And she gives to the lord 2s. of fine for entry. Pledge, Roger son of Jurdan.

William Couper, who held a cottage and 4 acres of bondage land there, is dead; and hereupon came Roger, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, Thomas de Kyghley.

Robert son of Roger son of Richard, who held a toft and 8 acres of bondage land there, is dead. And hereupon came John, his brother and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 3s. of fine for entry. Pledge, Roger son of Jurdan.

Jordan de Stanbury, who held a messuage and ½ bovate of bondage land there, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs by the services etc., saving the right, etc. And he gives to the lord 5s. of fine for entry. Pledges John son of Roger and Roger son of Jurdan.

John de Oldefeld, who held a messuage and ½ bovate of bondage land there, is dead. And Alice, his daughter and heir, is of the age of half a year.[Pg 67] And hereupon came John Swerd and took those tenements, to hold for a term of ten years next following fully complete, by the services, etc. And he gives to the lord 2s. of fine. Pledge, Adam de Oldefeld.

Adam Dykson came here into Court and took a messuage and ½ bovate of very poor land, which was of Adam atte Yate, to hold according to the custom of the manor, by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, John de Helwyk.

Roger Dikson, who held half a messuage and ½ bovate of land, is dead. And hereupon came Robert de Oldefeld, next friend of William, son and heir of the aforesaid Roger, and took those tenements to the use of the said William, to hold to him and his heirs, according to the custom of the manor by the services, etc. And he gives to the lord 5s. of fine in the name of the said William. Pledge, John Swerd.

John Barne of Manningham, who held a messuage and a bovate of bondage land there, is dead. And hereupon came Margery his wife and took those tenements, to hold according to the custom of the manor for the term of her life by the services, etc. And she gives to the lord 2s. of fine. Pledge, John atte Yate.

Margaret and Agnes, daughters and heirs of Hugh Browne, Alice, Joan and Juliana, daughters and heirs of John Kyng, Juliana, who was the wife of Hugh Kyng of Thornton, Robert son of John Bollyng and Elizabeth his wife, Alice, who was the wife of William le Clerk of Clayton, Alice, daughter and heir of Robert de Manyngham, and Thomas her husband, William, son and heir of Ellen Coke, and John (dead), son and heir of John de Wyndhill, came here into Court and did their fealties, and they have a day at the next Court to acknowledge their tenements and services, etc. and also to show their deeds etc.

Agnes Chapman came here into Court and took a small house in Bradford called the Smythhouse, to hold at the will of the lord by the services. And[Pg 68] she gives to the lord 18d. of fine to have such estate, etc.

William Barne, who held 2 messuages and 2 bovates of bondage land in Manningham, is dead. And hereupon came Hugh, his brother and heir, and took the aforesaid tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 8s. of fine for entry. Pledges, Thomas de Chellowe and John his son.

Richard Gilleson, who held there in the same manner 2 messuages and 2 bovates of land, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 10s. of fine for entry. Pledges, Hugh Barne and the whole homage, etc.

John son of Richard Gillesson came here into Court and rendered into the hands of the lord 2 messuages and 2 bovates of very poor land there to the use of Thomas de Chellowe for ever. Which tenements were afterwards granted to the same Thomas, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And the same Thomas gives the lord 10s. of fine for entry. Pledges, Hugh Barne and John Gilleson.

William Wilkynson, who held there in like manner a messuage and a bovate of land, is dead, and Alice his daughter and heir is of the age of half a year. And hereupon came John Magson, her next friend, to whom, etc.[107] and took the wardship of the aforesaid land and heir until her full age, etc., by the services, etc. And he gives to the lord 2s. of fine for entry. Pledges Hugh Barne and Thomas de Chellowe.

Thomas Neucomen, who held a messuage and a bovate of bondage land in Bradford, is dead. And hereupon came Margery, daughter and heir of the[Pg 69] same Thomas, and took the aforesaid tenements, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And the fine for entry is put in respite until the next court.

William Tompsey of Bradford, the lord's bondman, who held a messuage and a bovate of bondage land in Bradford, is a runaway, because [he holds] other tenements in Moreton by York by hereditary descent. Therefore he is distrained to dwell on the tenement here. Let the tenements at Moreton be seized into the lord's hand, etc.

William Clerk of Clayton, who held a messuage and 2 bovates of land in Clayton by knight service, is dead. Let William, his son and heir, of the age of two years, together with the tenements aforesaid, be seized into the hands of the lord the Earl. And hereupon comes Alice, who was the wife of the same William Clerk, and says that she was jointly enfeoffed of the aforesaid tenements with the aforesaid William, her husband, and craves a day at the next Court to show her charters thereof, and has it. William, the son and heir, is committed to the wardship of the aforesaid Alice to be kept safely without a wife. Pledges, William son of Adam of Horton and Roger del Holyns.

Whereas before these times a stall was taken from the lord's waste in the market place of Bradford to be holden by the services of 6d. a year, and hereupon one Adam Notebroun, receiver of the money of the lord the Earl [took it], to hold in the said form, etc., and afterwards the same Adam alienated that stall to one Hugh son of Thomas in fee for [20s.], on account whereof the stall was seized into the lord's hand according to the form of the statute; and hereupon the same Hugh comes here and says that he took the stall for 20s. and paid only 10s. thereof to the same Adam, etc., and craves that he [may pay the said 10s.] and hold the stall in the form in which [it was held] after it was taken; which is granted to[Pg 70] him by the steward. Pledge for payment, of the aforesaid 10s. ... And order is made to levy from the aforesaid Adam another 10s. to the use of the lord, unless he may have better grace by the counsel of the lord, etc.

It is presented by William de Berecroft ... that Thomas son of Thomas 12(d.), Ralph atte Tounhend (8d.), William ... (12d.), and William son of John (6d.) exercise the trades of tanner and shoemaker. Therefore they are in mercy. And it is ordered that they be attached to abjure, etc.

Further, they present that Hugh son of Thomas exercises the trade of butcher together with the trades of shoemaker and tanner. Therefore it is ordered that he be attached to abjure those two trades, etc.

Further, that Alice Geldoghter and Adam Notebroun are bakers and sell bad bread contrary to the assize. Therefore they are [in mercy].

Court of Bradford holden on Thursday next before the feast of St. Gregory the Pope, 24 Edward III.

Thomas le Harpour and Alice his wife, daughter and heir of Robert de Manynghame, come here into Court and acknowledge that they hold of the lord a messuage and a cottage and 8 acres of land by knight service by homage and fealty and suit of court every three weeks, rendering therefrom yearly 2s. at the usual terms; and they give to the lord 4s. for relief.

William Iveson came into Court and made fine with the lord by ½ mark for licence to exercise the trades of tanner and shoemaker until Michaelmas next. Pledge, William son of Hugh the Bailiff.[Pg 71]

Agnes Chilyonge of Manningham, the lord's bondwoman, came here in Court and made fine of 12d. with the lord for her leyrwite [109]; pledge, William Walker; and the fine is not more because she is very poor and has nothing.

Court holden at Bradford on Friday next before the feast of the Nativity of St. John the Baptist, 28 Edward III.[110]

John Abbot, William son of Henry de Allerton, John Dughti, Robert de Oldfeld, and Adam de Oldfeld, who mainprised [111] for the aforesaid John Abbot to keep the peace towards all persons and specially towards Roger Fairegh, under a penalty of 10l. to be paid to the lord Duke, now, because the aforesaid John Abbot beat and evilly entreated the aforesaid Roger Fairegh, on account whereof the aforesaid penalty of 10l. ought to be levied from the aforesaid John Abbot and his mainpernors,[112] because the express cause for which the aforesaid penalty should be rightly levied is now come to pass; nevertheless, the aforesaid lord Duke, mindful that they are all his bondmen, and regarding their poverty, has granted of his special grace that the aforesaid John Abbot and his mainpernors may make fine of 20s. for the aforesaid 10l. forfeited, to be paid at Michaelmas next; and each of them is the others' pledge.

Roger son of Roger de Manynghame has made fine of ½ mark for the merchet of Cecily his wife, the lord's bondwoman; pledge, Thomas de Manynghame.

Thomas Gabriell has made fine of ½ mark in like[Pg 72] manner for the merchet [113] of Maud his wife, the lord's bondwoman; pledge, Thomas de Tiresale.

Thomas de Tiresale has made fine of 6d. with the lord for licence to have John son of Roger Childyong, the lord's bondman, in his service until Michaelmas next, so that he then render the aforesaid John to the lord's bailiffs, etc.

Agnes daughter of Adam atte Yate, the lord's bondwoman, has made fine for her chevage [114], for licence to dwell wheresoever she will, to wit, 6d. to be paid yearly at Michaelmas and Easter in equal portions; pledge, Robert atte Yate.

It is presented by Roger Judson, Thomas son of Roger, Thomas Gabriel, Adam del Oldfeld, Robert de Oldfeld, and John atte Yate, that Cecily de la More,[115] the lord's bondwoman, has been violated by John Judson; therefore let her be distrained to make fine therefor with the lord.

Further, it is presented that Isabel daughter of William Childyong, the lord's bondwoman, has married one William Cisson, a free man, without licence. And Alice daughter of John Gepson, the lord's bondwoman, has married one William del Hale, a free man, at Beston, without licence; therefore let them be distrained to make fine with the lord for their merchet, etc.

Let inquest be made touching the sons and daughters of William del Munkes, who dwell at Darthington and are the lord Duke's bondmen and bondwomen of Bradford, etc.

Further, it is presented that Alice daughter of William Childyong, the lord's bondwoman, dwells at York; therefore let her be taken, etc.

Sum of this Court:—35s. 3d. {Merchets, 13s. 4d.
Thereof further for chevage, 6d. {Perquisites, 21s. 11d.
[Pg 73]

Again Anabel del Knoll has a day, as above,[116] to rebuild a house on a plot of land which she holds of the lord at will, and under the same penalty as in the Court preceding.

It is ordered, as many times before, to take William son of Richard Gilleson, Roger son of William del Mersh, dwelling with John de Bradlay, Thomas son of John atte Yate, William son of William Childyong (in Pontefract), Alice daughter of John atte Yate (in Selby), Alice daughter of William Childyong (in Methelay), and William son of William Childyong, the lord's bondmen and bondwomen of his lordship here, etc., who have withdrawn without licence, and to bring them back hither until [they make fine for their chevage].

Roger son of Roger makes plaint of Alice de Bollyng [in a plea] of trespass, pledge to prosecute, William Walker, to wit, that she has not made an enclosure which she is bound to make between his holdings and her own holdings in Mikelington, so that for lack of enclosure there divers cattle entered and fed off his corn, to wit, his rye and oats and grass, to his damages of 10s. And the aforesaid Alice defends and says that the aforesaid Roger, and not she, is bound to make an enclosure there, and hereon she puts herself upon the country. But the jurors hereupon elected, tried and sworn, say on their oath that the aforesaid Roger is bound to make the aforesaid enclosure between the aforesaid holdings. And therefore it is awarded that the aforesaid Roger be in mercy for his false claim, and that the said Alice go without a day.

It is presented by the parker that William Walker (6d.) with 11 beasts, Roger de Manyngham (4d.)[Pg 74] with 3 beasts, John de Gilles (2d.), Thomas Staywal (2d.) with one beast, Roger Megson (2d.) with one beast, Denis Walker (2d.), Richard Wright (4d.) with 2 beasts and William Coke (2d.) with a horse, have fed off the grass of the lord's wood in Bradfordbank; therefore they are in mercy.

Again it is presented that William Notbroun (6d.) and Adam Notbroun (6d.) with their cattle have broken down the hedge around the lord's wood, and with the said cattle have fed off the grass of the lord's wood; therefore they are in mercy.

Again it is presented that Richard Milner of Idel (6d.), Richard Baillif (2d.) and William Smyth of Caleshill (2d.) have carried millstones over the lord's soil here without licence; therefore they are in mercy.

Again it is presented by John de Denholm, John Judson, Adam Dikson, Robert del More, Thomas de Chellowe, Hugh Barn, Robert atte Yate, John atte Yate, Richard Curtays, John Rous, Roger Johanson and John de Gilles, that William Tomse, the lord's bondman, dwelling in Moreton by York, Roger de Stanbiri, the lord's bondman, dwelling in Wirkley, and John Bonde, dwelling in Sighelesden, and John son of Roger son of William del Mersh, dwelling with John de Bradlay, the lord's bondmen here, have withdrawn without licence; and hereupon order was made to take them all, so that they be [here] until, etc. And the aforesaid

William Tomse and Roger de Stanbiri were taken and were brought before the steward at Pontefract on Saturday next after the feast of the Circumcision of the Lord. And the aforesaid William Tomse there made fine of 26s. 8d. before the said steward, to wit, in order to have his goods at the steward's will,[117] to be paid at the feasts of St. Peter's Chains and St. Michael next by equal portions. And also the aforesaid William made fine for chevage, to wit, a fine of 2s. to be paid yearly at the feasts of[Pg 75] Whitsunday and St. Martin in Winter by equal portions; and William Cooke of Brotherton became his pledge as well for his yearly chevage as for his other fine for his said goods. And Roger de Stanbiri likewise on the same day was brought before the aforesaid steward at Pontefract and made fine of 20s. to have his goods at the steward's will, to be paid at the terms of Easter and Michaelmas next; and also the aforesaid Roger made fine of 12d. for his chevage, to be paid yearly at the terms aforesaid; and Thomas Dantrif became his pledge as well for his yearly chevage as for his fine aforesaid. And it was granted to the same William and Roger that they may stay outside the lordship here in the places where they were staying before, and that too at the lord's will, for their chevages aforesaid, to be paid yearly, as is aforesaid.

And order is made to take all the other bondmen named above, because they come not, and to bring them back hither to their nests until, etc.[118]

Sum of this Court:—51s. 9d., the whole perquisite. Further from chevage as above:—3s. a year to be paid at the terms as above.

[118] cf. Bracton, De Legibus Anglie, ff. 6 b. and 7. "Serfs are under the power of their lords, nor is the lord's power loosed so long as they abide in villeinage, waking and sleeping, whether they hold land or not. Moreover, if they are not abiding in villeinage, but wandering abroad through the country, going and returning, they are always under the power of the lords, so long as they return; and when they have lost the habit of returning, they begin to be runaways, after the likeness of tame stags. Moreover, if when they are abroad as merchants or wage-earners they pay chevage at fixed times ... and so long as they pay chevage, they are said to be under the power of the lords, and the lord's power is not loosed. And when they cease to pay they begin to be fugitives ... and ought to be pursued forthwith." And ibid. f. 26. "It was said in the King's court before the justices of the Bench at Westminster by John de Metingham and his fellows, justices there, that if a bondman born and bred shall be a runaway ... and shall have returned and be found on the bond estate where he was born, and be taken there by his true lord or his ministers as a bird in its nest, and this be proved, if such a man venture to deny it in the King's court, he shall be a serf for ever."[Pg 76]

3. Deed Illustrating the Distribution of Strips [Ancient Deeds, B 4397], 1397.

To all Christ's faithful to whom the present writing shall come, Morgan Gogh, greeting in the Lord. Know ye that I have demised, granted and by this my present writing indented confirmed to John Druwere a cottage with a curtilage situate in Modbury between the cottage of John Janekyns on the east side and the tenement of Thomas Cobbe on the west side, and three acres, one rood of arable land lying in the fields of Modbury, whereof one acre lies in Brokeryg between the lord's land on either side, one acre in Totecombe between the lord's land and the land of Thomas Cobbe, three roods in Brokeryg between the lord's land and the land of William Cockes, a half acre there between the land of Thomas Cobbe and the land of Ralph Smale, and a half acre of meadow lies in Sturtilmede between the meadow of Gilbert Scolemaystre on either side, with pasture for one plough-beast and two draught-beasts in common; which land, meadow and pasture John Pipere lately held for term of his life; to have and to hold all the aforesaid cottage with the curtilage, land, meadow, and pasture, to the aforesaid John for term of his life, of me and my heirs or my assigns freely, quietly, well and in peace, rendering therefor yearly to the aforesaid Morgan and his heirs or his assigns 3s. 4d. sterling at the four principal terms of the year by equal portions for all services, saving the royal service, and doing suit to my court yearly upon reasonable summons.... Nor shall it be lawful for the aforesaid John to demise to any man the said cottage, with the curtilage, land, meadow and pasture, as well in parcels as in whole, during his life, under penalty of loss of the aforesaid cottage with all its appurtenances.... In witness whereof the parties aforesaid have interchangeably set their seals to these indentures. These witnesses:—Richard Pokeswell, Thomas Wodham, Robert Grey, John Hunte, John Iryssh and many others. Given at Modbury on Thursday next after Michaelmas, 21 Richard II.

4. Regulation of the Common Fields of Wimeswould [Hist. MSS. Com., Middleton MSS., p. 106], c. 1425.

For neat [i.e. cattle] pasture we ordain Orrow and Breches, Woldsyke and Wylougbybroke, for to be broken [119] on Crowche[Pg 77]messeday [14 September]; and whoso break this, every man shall pay for each beast that may be taken in any other several pasture a penny to the church; therefor to go a sevennightday [i.e., to endure for a week].

Also, for the neat pasture, after that be eaten, all the wheatfield, to wit, Hardacre field namely, save Strete headlands, where they may not go for destroying of corn; this for to endure another sevennightday under the pain beforesaid.

Also, on Holy Thursday eve we ordain the commons of the Peasfield for horses to be broken, and no other beasts to come therein. For if there be any man that have any horse that is feeble and may not do his work for fault of meat, and this may reasonably be known, let him relieve of his own, so that he save his neighbour from harm, for if any man may ... which beasts 'lose' in corn or in grass, he shall for each beast pay a penny to the church, and make amends to his neighbour.

Also, on Whitsun eve every man [shall] break his several pasture as he likes, and no man tie his horse on other ... his own for to be several till Lammas, each man to eat his own, under the pain beforesaid.

Furthermore, if any man ... plough-oxen for to be relieved on his several grass, let him tie them in his best manner or hold them in, as other men do their horses ... on no other man's grass going to or fro abroad, as they will pay for each beast a penny to the church and make [amends] ... to him that has the harm.

Also, if any man tie his horse or reach on any headlands or by brookside into any man's corn, he shall make amends to him that has the harm, and for each foot that is within the corn pay a penny to the church.

Also if any man shall be taken at night time destroying other corn or grass, he shall be punished as the law will, and pay 4d. to the church.

Also, all manner of men that have any pease in the field when codding time comes, let them cod in their own lands and in no other man's lands. And other men or women that have no peas of their own growing, let them gather them twice in the week on Wednesday and on Friday, reasonably going in the land-furrows and gathering with their hands and with no sickles, once before noon and no more, for if any man or woman other that has any peas of his own and goes into any[Pg 78] other, for each time [he shall] pay a penny to the church and lose his cods, and they that have none and go oftener than it is before said, with sickle or without, shall lose the vessel they gather them in and the cods, and a penny to the church.

Also, no man with common herd nor with shed herd [shall] come on the wold after grass be mown till it be made and led away, but on his own, and then let them go all together in God's name; and if they do, each man pay for his quantity of his beasts a certain to the church, that is for to say, a penny for each beast.

Also, if there be any man that throws in any sheaves on any land for to tie on his horses, he shall make a large amends to them that have the harm, and for each foot pay a penny to the church, but on his own. Furthermore, if any man tie his horse in any stubble and it be mown in reasonable time [he] shall pay the aforesaid pain.

Also, if any man may be taken at nighttime in the field with cart or with bearing of any other carriage in unreasonable time between bell and bell [he shall] pay 40d. to the church, save as thus, if any man in peas harvest, he and his servants, in furthering of his work and saving of his corn, bind at morning or till it be moonshine, all other works at nighttime except, save this.

Also, all manner labourers that dwell in the town and have commons among us shall work harvest work and other works for their hire reasonable as custom is, and not to go to other towns but if they have no work or else no man speak to them, so that they may be excused, for if they do, they shall be chastised as the law will.

Also, no man or woman that works harvest work bear home no sheaves of no man's, but if [i.e. unless] they be given them well and truly, for if it may be wist, for each sheaf that they bear home without leave [they] shall pay a penny to the church.

Also, no man or woman glean no manner of corn that is able to work for his meat and twopence a day at the least to help to save his neighbour's corn; nor no other gleaners, that may not work, glean in no manner of wise among no sheaves, for if they do, they shall lose the corn and a penny to the church for each burden.

Also, neither common herd nor shed herd come in the wheat[Pg 79] cornfield till the corn be led away, nor in the peas cornfield in the same wise till the peas be led away, and the common herd and shed herd may go together as they should do, on pain of each beast a penny to the church.

Also, that no man take away his beasts from the common herd from Michaelmas tide to Yule to go in the wheatfield to 'lose' the wheat, for if any man may take any beast therein, they shall pay for each beast a penny to the church as often as they may be taken destroying the corn, and the herd [shall pay] his hire.

Also, if our hayward pen a flock of neat of the country, he shall take six pence, for a flock of sheep four pence, and for each horse a penny.

And that our wold be laid in several at Candlemas, for if any herd let his beasts come thereon after, [he shall] pay for each time four pence to the church.

Also, whosoever has any meadows within the corns, my lord or any man else, let make them to 'dele' them out and take a profit of them on God's behalf, and whoso trespass, let make amends.[120]

To all Christ's faithful who shall see or hear the present writing, William, by the grace of God Abbot of Ramsey, greeting in the Lord.

Know ye that we have demised at farm to our men of Hemingford our manor of Hemingford from Michaelmas in the eighth year of the reign of King Edward, son of King Henry, at the beginning of the ninth, until the end of seven years next following, for 40l. sterling to be paid to us therefrom yearly at the four terms, to wit, at Michaelmas 10l., on St. Andrew's Day [121] 10l., at the Annunciation [122] 10l. and at Midsummer 10l.

Our aforesaid men shall hold the aforesaid manor with all its appurtenances, except the gift of the church when it fall vacant, and our fishery, and the mill, which we have kept in our hand.[Pg 80]

Also they shall have all profits of the town except our tallages, sheriff's aid, hundred aid, "wardpenys," and scutage of the lord the King, and except the issues of causes which cannot be determined without us or our bailiffs, of the issue whereof they shall have a moiety, and except view of frankpledge [123] and the Maunde acre and the acres of the reeve of Ramsey.

And be it known that if any customary tenant die without heir of his body, we will demise his land and his messuage to whomsoever we will and keep in our hand the gersum [124] arising thence.

Also no customary tenant shall make fine for relieving or marrying his daughters without our presence, but their gersums shall be made before us in the presence of the reeves or any of the farmers, who shall have and collect the said money towards their farm.

Nor may the said farmers demise house or land to any stranger or one of another's homage, without our special licence.

The corn grange full of corn on either side the door by the door posts and by the beams beyond the door, and so sloping to the roof of the granary.

The breadth of the grange was 28 feet within, the length 39 feet, and the east end of the grange is round; the height in the middle is 19 feet; and at the side from the door to the curve of the round end the length of the wall is 30 feet, the height 5½ feet.

They have received also a heap of barley 36 feet in length, 11 feet in breadth, 11 feet in height, and 18 feet in breadth in the middle.[Pg 81]

Moreover they shall be quit of a serjeant [125] in autumn every year except in the last year, in which they shall have a serjeant, by whose view, according to the custom of the abbey, the stock shall be made up.

They shall also be quit of our yearly lodging due, except that as often as we shall come there they shall find for us salt, straw and hay without an account.

And at the end of the seven years they shall render to us the aforesaid manor with the stock with which they received it.

And be it known that the fruits which were then in the barn ought to be counted for the first year, because they were of our stock.

In witness of which demise of the land and the manor we have caused our seal to be set to this present writing.[126]

6. Grant of a Manor by a Lord To the Customary Tenants at Fee Farm [Patent Roll, 6 Edward III, p. 2, m. 27], ante 1272.

The King to all to whom, etc., greeting. We have inspected a writing which Richard, sometime earl of Cornwall, made to his customary tenants of his manor of Corsham in these words:—

To all to whom the present writing shall come, Richard, earl of Cornwall, greeting. Know all of you that we have demised and granted and by our present writing confirmed for us and our heirs to all our customary tenants of our manor of Corsham all our manor of Corsham, with the rents, demesnes, meadows, feedings and pastures to the said manor pertaining, saving to us a third part of the meadow of Myntemede, which third part the said customary tenants shall mow, carry and cock at their own costs, saving also to us the site of our fishpond, our parks, our warren, pleas, perquisites and all escheats which can escheat to us or our successors; to have and to hold to the said customary tenants and their successors of us and of our heirs for ever, for 110 marks to us and our heirs or assigns yearly to be paid to our bailiff in the said manor at two terms of the year, to wit, on the octave of Easter 55 marks and on the octave of Michaelmas 55 marks, for all services and demands[Pg 82] to us or to our heirs or assigns belonging, saving to us all the things aforenamed. And we will that our said customary tenants for ever be quit of tallage and view of frankpledge and all other customs and services to us or to our heirs pertaining. Our aforesaid customary tenants, however, have granted for them and their successors that, if they keep not this covenant according to the form of the present writing, all their tenements which they hold of us shall revert to us and our heirs without any contradiction, if it be through them that the form of this writing be not kept. We will also and we grant that if any of our said customary tenants of our said manor of Corsham be rebellious, contravening the form of this writing, our bailiff for the time being shall have power to distrain him by lands and chattels to observe more fully all the things abovesaid according to the tenour of this writing. And in witness thereof we have caused our seal to be set to this writing. These witnesses:—Sir Richard de Turry, Sir Sampson de la Bokxe, Sir Henry Crok, Sir Philip de Eya, Walter Galun, then bailiff, Martin de Hortham, Sir Gilbert, then prior of Corsham, Richard de Cumberwell, Ralph, then vicar of Corsham, and others.[127]

And we, ratifying and approving the demise, grant and confirmation aforesaid, grant and confirm them for us and our heirs, as far as in us lies, to the aforesaid customary tenants and their successors, as the writing aforesaid reasonably testifies, and as they now hold the manor aforesaid with the appurtenances, and they and their ancestors and predecessors have held that manor hitherto, and have reasonably used and enjoyed the liberties aforesaid, saving to us a third part of the said meadow of Myntemede and the site of the fishpond, the parks, warren, pleas, perquisites and all escheats abovesaid, as is aforesaid. In witness whereof, etc. Witness the King at Woodstock, 1 July. By a fine of 5 marks. Wilts.

The King to all to whom, etc., greeting. We have inspected a writing which John late earl of Cornwall, our brother, now deceased, made in these words:[Pg 83]

John, son of the illustrious King of England, earl of Cornwall, to all and singular who shall see or hear the present writing indented, greeting in the Lord. Know ye that, having regard to the no small decrease and decay of rents and farms pertaining to our manor of Kirton in Lindsey in times past, for that tenants of escheated tenements in the same manor, having no estate of the same tenements save from year to year or at least at the will of the lords, our predecessors there, have made no outlay or the least which they could on the maintenance of the buildings on the same tenements; and wishing to raise again the aforesaid rents and farms as much as we can for our advantage; we have granted for us and our heirs and by our present writing have demised to John of Westminster and Emma his wife and Thomas, son of the same John and Emma, those two parts of all those tenements with the appurtenances in the town of Kirton aforesaid which the same John before the making of this writing held of us during our pleasure, as of an escheat formerly in our hand of the tenements which were sometime of Thomas of Bromholm; to have and to hold to the same John and Emma his wife and Thomas, son of the same John and Emma, and each of them that lives the longer, for their whole life, of us and our heirs, rendering therefrom yearly to us and our heirs 100s. sterling at the feasts of Easter and Michaelmas by equal portions; and we, the aforesaid earl, and our heirs will warrant the aforesaid two parts of the tenements aforesaid with their appurtenances to the aforesaid John and Emma his wife and Thomas, son of the same John and Emma, for their whole life, as is aforesaid, against all people for the aforesaid rent. In witness whereof we have thought fit to set our seal to this writing. These witnesses:—Sirs John de Haustede, Thomas de Westone and William de Cusancia, knights, Sir William de Cusancia, rector of the church of Wakefield, our treasurer, and William de Munden, our clerk and secretary, and others. Given at York on Tuesday next after the feast of All Saints in the 6th year of the reign of King Edward the Third after the Conquest, our dearest brother.

And we, ratifying and approving the demise aforesaid, grant and confirm it for us and our heirs, as much as in us lies, as the writing aforesaid reasonably testifies, willing and granting for us and our heirs that the same John, Emma and Thomas have and hold the tenements aforesaid with the appurtenances for[Pg 84] the whole life of each of them by the aforesaid service of rendering to us and our heirs yearly the said 100s. according to the tenour of the writing of the same earl abovesaid. In witness whereof etc. Witness the King at Leicester, 1 October.

8. An Agreement Between Lord and Tenants [Duchy of Lancaster, Misc. Bks., 5, f. 103], 1386.

Warkington.—At the view of frankpledge holden there on 20 October, 10 Richard II., it was granted to all the lord's tenants in the presence of John Mulso, Nicholas Lovet, Edmund Bifeld, Stephen Walker of Keteryng and others there present, that if it pleased the lord they might hold certain bond lands and tenements at a certain rent and service, as follows, during a term of six years next after the date abovewritten, the term beginning at Michaelmas last past; to wit, that each tenant of a messuage and a virgate of bond land shall render to the lord 18s. yearly at four terms, to wit, at the feasts of St. Edmund the King and Martyr,[128] Palm Sunday, the Nativity of St. John the Baptist,[129] and Michaelmas, by equal portions, and shall do two ploughings a year at what times of the year he shall be forewarned by the bailiff of the manor for the time being, and shall work in "le Keormede" as he used before, save that the lord shall find him food and drink for the ancient customs, that is, for half a sheep and for each scythe 1/2d., and so he shall reap in Autumn for two days, to wit, one day with two men and another day with one man, at the lord's dinner [130]; he shall give 4d. for a colt if he sell it, he shall pay heriot if he die within the term, and he shall make fine for marrying his daughters and for his sons attending school, and for "leyre-wite" as he used before.[131]

Elton.—St. Clement's Day.[133] Michael the Reeve complains of Richer son of Jocelin and Richard the Reeve and his wife that when he was in the churchyard of Elton on the Sunday[Pg 85] next before the feast of All Saints [134] in this year, there came the aforesaid Richer, Richard and his wife and insulted him with vile words before the whole parish, charging him with having collected his own hay by the labour services due to the lord the Abbot [of Ramsey], and with having reaped his own corn in autumn by the boon-works done by the Abbot's customary tenants, and with having ploughed his land in Everesholmfeld with ploughs "booned" from the town, and with having released to the customary tenants their works and carryings on condition that they demised and leased their lands to him at a low price, and with having taken gifts from the rich tenants that they should not become tenants at a money rent, and with having put the poor tenants at a money rent.[135] And the aforesaid Richard and Richer are present and deny, etc. and ask for an enquiry by twelve jurors. Who come and say that the said Michael is guilty of none of the charges. Therefore the said Richard and Richer shall satisfy him, and for the trespass shall be in mercy; Richard's fine, 2s., pledge William son of James; Richer's fine, 12d., pledge, Jocelin. And the damages are taxed at 10s. to be received from Richard the Reeve, which sum Michael has released except 2s.

10. An Eviction from Copyhold Land [Chancery Proceedings, Early, 16, 376], temp. Henry IV-Henry VI.

To the most reverend father in God, the Archbishop of Canterbury, Chancellor of England.

Beseecheth lowly your poor bedefolks, Elizabeth Baroun, Harry Baroun and Richard Baroun, which be the King's tenants, that whereas the said Elizabeth was possessed and seised of a messuage and 4 acres of land in the town of Great Hormead in the shire of Hertford, and the said messuage and land held to her and to her heirs at the will of my lord of Oxford as of his manor of Hormead in the same shire by copy of court roll after the custom of the said manor, there hath one Harry Edmond, farmer of the said manor, without cause reasonable and contrary to the custom of the said manor, entered in the said messuage and land and put out the said Elizabeth, and[Pg 86] certain goods and chattels of the said Elizabeth, Harry and Richard, to the value of 40 marks in the said house being, seized, and it withholdeth, and over that the said Harry Edmond with his adherents daily lie in wait to beat and slay the said Harry and Richard, your beseechers, so that they dare not well abide in their houses neither go about their husbandry, to their uttermost destruction and undoing for ever, without succour of your gracious lordship: Please your good grace to consider the premises and that your said beseechers have no remedy at the Common Law, to grant a writ directed to the said Harry Edmond, commanding him to appear before you at a certain day upon a certain pain by you to be limited, to be examined of the premises, and thereupon to do that good faith and conscience require, and that for the love of God and in way of charity.

This is the answer of Harry Edmond to the bill of Elizabeth Baron, Harry Baron and Richard Baron, in the Chancery.

First, whereas it is surmised by the said Elizabeth that she was possessed and seised of a messuage and four acres of land in the town of Great Hormead in the shire of Hertford, and the said messuage and land held to her and to her heirs at the will of my lord of Oxford as of his manor of Hormead in the same shire by copy of court roll after the custom of the said manor, and that the said Harry Edmond, farmer of the same manor, without cause reasonable and contrary to the custom of the said manor, entered into the said messuage and land and put out the said Elizabeth: The said Harry saith that the said messuage and land be holden of my said lord of Oxford bondly at the will of my said lord as of his said manor by the services of three shillings and halfpenny of yearly rent and by a certain service called the common fine, as it falleth more or less after the entries and ... of the tenants of the said manor by the custom of the said manor, by cause whereof the said Harry with one Thomas Denys, under-steward of the court of the said manor, by the commandment of my said lord of Oxford entered into the said messuage and land, after which entry my said lord let the said messuage and land to the said Harry for term of years, by virtue of which lease he [entered] the said messuage and land, as lawful is for him, which matter the said[Pg 87] Harry is ready to prove as this Court will [award], and prayeth as for that to be dismissed out of this Court.

[And as for t]he seizing and withholding of certain goods and chattels of the said Elizabeth, Harry Baron and Richard, to the value of [40 marks, as is sur]mised by the said bill, the said Harry Edmond saith that the seizing and withholding of the said goods and chattels is a matter determinable at the Common Law, and not in this Court of the Chancery. Wherefore as for that he prayeth to be dismissed out of this Court.

And as for the declaration of the said Harry as for the said goods and chattels, the said Harry saith that he never seized nor withheld the said goods and chattels neither no parcel thereof, as it is surmised by the said bill, which matter the said Harry Edmond is ready to prove as the Court will award, if the Court rule him thereto.

And as for the lying in await surmised by the said bill the said Harry Edmond saith that the said lying in await is matter determinable by the Common Law and not in this Court of the Chancery, wherefore as for that matter he prayeth to be dismissed out of this Court of the Chancery. But, for the declaration of the said Harry Edmond in that matter, the said Harry Edmond saith that he never lay in await neither to beat nor to slay the said Harry Baron nor the said Richard, as they surmise by their said bill, which matter the said Harry Edmond is ready to prove as this Court will award, if the said Court will rule him thereto.[136]

Also, because many great men of England, who have enfeoffed their knights and freeholders of small tenements in their great manors, have complained that they cannot make their profit of the residue of their manors, as of wastes, woods, and pastures, though the same feoffees have sufficient pasture, as much as belongs to their tenements: it is thus provided and[Pg 88] granted, that when any persons so enfeoffed bring an assize of novel disseisin touching their common of pasture, and it is acknowledged before the justices that they have as much pasture as suffices for their tenements, and that they have free entry and issue from their tenements into their pasture, then they shall be content therewith; and they of whom they had complained shall go quit of the profit which they have made of the lands, wastes, woods, and pastures; and if they allege that they have not sufficient pasture, or sufficient entry and issue as belongs to their tenements, then the truth shall be inquired by assize; and if it be acknowledged by the assize that their entry or issue is in any way hindered by the same [deforcers] or that they have not sufficient pasture and sufficient entry and issue, as is aforesaid, then shall they recover their seisin by view of the jurors: so that by their discretion and oath, the plaintiffs shall have sufficient pasture and sufficient entry and issue in form aforesaid, and the disseisors shall be in the mercy of the lord the King, and shall yield damages, as they ought to have rendered before this provision. And if it be acknowledged by the assize that the plaintiffs have sufficient pasture with free and sufficient entry and issue, as is aforesaid, then the others may make their profit lawfully of the residue, and go quit of that assize.

The assize comes to recognise if Elias of Leyburn unjustly etc. disseised Wymar of Leyburn of common of his pasture pertaining to his free tenement in the same town of Leyburn after, etc.[137]

And Elias comes and says that an assize ought not to be made thereof because that pasture belonged to five lords, and a covenant was made between the lords that each should make his profit of his part, and by this covenant he caused his part to be tilled, and thereof he put himself on a jury.

The jurors say that the wood was at one time common, in such wise that there were five sharers who had the wood common, and afterwards by their consent a partition was made between them that each should have his part in severalty, and[Pg 89] it was granted that each might assart [138] his part and grow corn, saving however to each of them common of herbage after the corn was carried, and most of them assarted their part, but the wood whereof complaint is made was not then assarted, and because he to whom the wood pertains has now assarted a part, the said Wymar has brought a writ of novel disseisin. But because it is acknowledged that the wood was thus partitioned among the sharers, it is decided that the aforesaid Elias has not disseised him, and so Elias is dismissed sine die and Wymar is in mercy. And it shall be lawful for each sharer to assart his wood, saving to each of them common of his pasture after the corn and hay is carried.

13. An Enclosure Disallowed [Bracton's Note-Book, III, 211, No. 1196], 1236-7

The assize comes to recognise if Robert de Fislake unjustly etc. raised a dyke in Woodhouse to the injury of the free tenement of Adam de Bladewrthe in the same town after etc.[139] Whereon Adam complains that Robert caused to be enclosed a meadow lying near his land, in which he ought to have common of herbage after hay-carrying, and that it ought to lie to pasture every third year with the fallow, wherefore he says that the dyke is to his injury and puts himself on a jury thereof. And Robert does the like.

The jurors say that the aforesaid Adam always used to have common in that meadow and in the land of Robert by that meadow after the corn and hay were carried, and when the land lay fallow, then in both meadow and fallow, and Robert caused the meadow to be enclosed so that Adam can have no entry to that pasture. And so it is awarded that the dyke be thrown down, and the meadow made as it should be, so that the aforesaid Adam have entry and issue, and that Robert be in mercy, etc.

14. A Villein on Ancient Demesne Dismissed to his Lord's Court [Bracton's Note-Book, III, 65. No. 1030], 1224.

The assize comes to recognise if Bartholomew son of Eustace unjustly and without a judgment disseised William son of[Pg 90] Henry of his free tenement in Pilton after the last, etc. And Bartholomew comes and says that the assize ought not to be made thereof because the said William held the tenement only in villeinage, and is his villein, and does for him all customs such as ploughings and others, and says further that he cannot marry his daughter save by his lord's licence etc.

And William son of Henry comes and says that he is a free man and that he holds his tenement freely and that at another time he impleaded in the court of the lord the King as a free man touching the aforesaid tenement, to wit, touching the services and the like, and thereof he brings the rolls of Sir Martin de Patteshull to warrant and likewise a writ which the same Martin wrote with his own hand, which also was sent to the sheriff of Rutland for the same plea, and the sheriff's clerk has shown him the writ, etc. A day is given to hear his judgment on such a day, etc.

On the day the court records at Westminster that the same William in the time of King John was convicted at Bedford of owing villein customs from that tenement, such as ploughing, reaping and many others at his own food, and of being unable to marry his daughter or sister without licence of his lord. And so it is decided that the assize of novel disseisin does not lie because the tenement is not free, and so William is in mercy. And if he will, let him plead in the manor by writ of right.

15. Claim to be on Ancient Demesne defeated [Bracton's Note-Book, III, 250, No. 1237], 1237-8.

The men of the Prior and convent of St. Swithin of Crondall, Hurstbourne and Whitchurch, complained to the lord the King that whereas they had been granted to the same Prior and convent and their church in pure and perpetual alms by the ancestors of the lord the King, the Prior and convent demanded of them other customs and services than they used to do in the times in which they were in the hands of the aforesaid predecessors, etc.

And Oliver the Steward and Horder come and say that they demand no other services than the men used and ought to do, and that the lands were never in the hands of the ancestors of the lord the King, because two hundred years before the conquest of England they were given to the Prior and Convent of[Pg 91] St. Swithin and by others than Kings, to wit, earls and others, etc., and then they owed and used to do whatever was commanded them. But in process of time, when the priory was well nigh destroyed by one Abbot Robert,[140] bishop Richard came and for the profit of the Prior and convent disposed of their lands and manors in such wise that he caused an inventory to be made of the holdings and of the names of the tenants and their services, as well tenants in villeinage as in frank fee, and so that he demanded no other services than they did then and were then set forth in the inventory. Afterwards however when the lands were in the hand of farmers at one time and at one time in the hand of the aforesaid villeins for forty years,[141] the farmers remitted to them certain services and customs for money. And when the lands were in the hand of the aforesaid villeins they detained and withheld the rent to the sum of 60s. and more, and also a great amount of corn, and withheld a great amount of the lands contrary to the aforesaid enrolment made by the aforesaid bishop Richard. And because the aforesaid men acknowledge that they are villeins, as is aforesaid, and because they cannot deny these things, they are told to do to the Prior and convent the services and customs which they used to do. And the lord the King will not meddle with them since they were never in the hand of him or his ancestors, etc.

Richard by the grace of God King of England and France and Lord of Ireland to the bailiffs of Anne, Queen of England, our beloved Consort, of Havering atte Bower, greeting. We command you that without delay and according to the custom of the manor of Havering atte Bower you do (teneatis) full right to John de Lancastre of Hatfield Broadoak touching 40s. of rent with the appurtenances in Havering atte Bower, of which John Organ, citizen and mercer of London, and Margery his wife deforce him; that we may hear no further complaint thereof for default of right. Witness myself at Westminster the 30th day of January in the thirteenth year of our reign.

[Pg 92]17. Villeinage Established [Bracton's Note-Book, III, 119, No. 1103], 1225.

A jury comes by consent of the parties [to recognise] whether William son of Henry and his ancestors held two parts of a bovate of land with the appurtenances in Pilton in villeinage of the ancestors of Bartholomew son of Eustace, doing these underwritten customs, to wit, 3s. 4d. a year of farm, and at Christmas 4 hens, and at the summons of Bartholomew, between Christmas and the Purification, one feast, and whether in Lent he ought to plough for one day at his own food, and to harrow for one day at his own food, and on Easter day to give 20 eggs, and in summer to plough for one day at the dinner of Bartholomew,[142] to reap for one day at the food of Bartholomew, to wit, twice a day, and for one day to carry his hay at the food of the same Bartholomew, and in autumn to do boon-work for Bartholomew, with his whole household except his wife, and for Bartholomew's loveboon to find a man at his own food, and in winter to plough for one day at Bartholomew's dinner, and whether, if he wish to marry his daughter or his sister, he shall make fine with Bartholomew as best he may; or whether William or his ancestors have held the land freely, rendering 3s. 4d. a year and doing foreign service for all service, etc.

The jurors say that the same William and his ancestors used and ought to do all the aforesaid customs which Bartholomew demands, to wit, from 1 bovate of land with the appurtenances, except that on Christmas day when he renders hens he ought to eat with Bartholomew on the same day, and furthermore that they never saw him sell a daughter or sister or give merchet or marry, but have seen that Bartholomew sold to Ralph Cayllard John, brother of William by the same father and mother, for 40s., and the same Ralph did with him his will.

And so it is awarded that William is convicted of villeinage, and if he will do the aforesaid customs, let him hold the bovate of land by the same customs, but if not, let Bartholomew do his will with the land and with William as with his villein, and let him be delivered to him.

18. Freedom and Freehold Established [Bracton's Note-Book, III, 224, No. 1210], 1236-7.

The assize comes to recognise if Thomas de Sumerdeby and many others disseised Roger Gladewine of his free tenement in Spitelgate after etc.,[143] whereof he complains that they disseised him of 2½ acres and a toft.

And Thomas and the others come and say that the same Roger is a villein and the tenement whereof view is made is villeinage, and thereof they put themselves on a jury. And Roger says that he is a free man and the tenement is free, and that his ancestors were free men and held freely, and thereof he puts himself on a jury.

The jurors say that the aforesaid Roger holds his tenement in the same town by 2s. a year and by two works in autumn at his lord's food, and he shall give two hens at Christmas and eat with his lord. And questioned if he or any of his ancestors had given merchet for marrying his daughter, they say, No. Questioned if he had ever been tallaged, they say, No. And the aforesaid Thomas, questioned if others of his fee do other villein services, he says that others do all manner of villein services. And because he does no service save the aforesaid money payment and the services named, nor gives merchet for a daughter, nor is tallaged, therefore it is awarded that he held freely and that he recover his seisin, and Thomas and the others are in mercy.

19. A Villein Pleads Villeinage on One Occasion And Denies It on Another [Bracton's Note-Book, III, 364, No. 1411], 1220.

Hamelin son of Ralph was attached to answer Hugh de Gundevill wherefore he brought an assize of novel disseisin against the aforesaid Hugh, his lord, touching a tenement in Pinpre, inasmuch as he is a villein and acknowledged himself to be the villein of the aforesaid Hugh's father in the time of the lord King John, etc. before the justices in eyre at Sherborne, as the same Hugh says, and thereon shows that Simon de Patteshull, Eustace de Faucumberge and others their fellows were then justices. And that Thomas acknowledged himself[Pg 94] to be his father's villein, as is aforesaid, he puts himself on the record of the court and on the rolls, etc.

And Hamelin comes and denies that he is a villein or ever acknowledged himself to be a villein in the court of the lord the King, as Hugh says, and thereof puts himself in like manner on the record of the court. But he will speak the truth. He says that at that time, to wit, in the eyre of the justices, he held certain land in villeinage which he had bought, and then acknowledged that the land was villeinage, and specifically denies that he ever acknowledged himself to be a villein. The rolls of the eyre are searched, and there it is recorded that one Osbert Crede brought an assize of mort d'ancestor in respect of the death of Henry his brother against Hamelin touching a carucate of land with the appurtenances in Pinpre, in such wise that Hamelin answered against the assize that it ought not to proceed because he could not gain or lose that land, because he was the villein of Hugh de Gundevill, father of the aforesaid Hugh. And this was found in many rolls, and when Hamelin should have had his judgment, he absented himself and withdrew without licence, whereupon the sheriff was ordered to have his body on such a day, etc., to hear his judgment thereof, etc. And on that day he came not, and the sheriff reported that he had withdrawn himself and could not be found, wherefore the sheriff was ordered to take the whole of Hamelin's land into the hand of the lord the King, and to keep it safely, etc., because Hamelin withdrew himself and would not stand to right touching Hugh's complaint of him, and to certify the justices of what he should do thereof on such a day etc. On that day Hamelin came not and the sheriff reported that he had taken his land into the hand of the lord the King.

And because the court records that Hamelin acknowledged himself to be a villein, and Hugh afterwards by the aforesaid assize of novel disseisin lost his land, it is decided that Hugh recover seisin of that land whereon the assize was taken, and that he have Hamelin as his villein convicted, and that the assize of novel disseisin which was taken thereof be held void, and that Hugh be quit of the mercy wherein he was put for that disseisin. And the sheriff is ordered to make diligent enquiry who were the jurors of that assize and to have them on such a day, etc., to hear the judgment on them for the oath[Pg 95] which they made thereof. And if Hamelin held any tenement of Hugh, let Hugh do therewith as with his own, etc.

20. An Assize Allowed to a Villein [Bracton's Note-Book, III, 527, No. 1681], 1225.

The justices in eyre in the county of Essex were ordered to take a grand assize between Thomas of Woodford, claimant, and John de la Hille, tenant, of a virgate and a half of land with the appurtenances in Woodford. And the said John and Thomas came before the justices at Chelmsford and offered themselves, and the bailiff of the Abbot of Waltham came and said both claimant and tenant were villeins, and the tenement was the Abbot's villeinage and therefore the assize thereof ought not to proceed. He was questioned by the tenant whether the latter was a villein or not, and he said Yes, asserting that the said tenement was the Abbot's villeinage.

And Thomas comes [and says] that this ought not to hurt him, because when he impleaded the aforesaid John in the court of the lord Abbot by writ of the lord the King, no mention was made by the Abbot nor by John that the tenement was villeinage nor that John was a villein, but because the Abbot failed to do him right in his court, Thomas went to the county court and complained in the county court that the lord Abbot had failed to do him right in his court, and the Abbot, summoned hereon, came not, and the suit proceeded so far in the county court that the tenant asked and obtained view of the land. Afterwards he put himself on a grand assize as to which of the two had greater right in the aforesaid land without any challenge of villeinage being made on the part of the Abbot or of John. And this he sought to be allowed him.

And the Abbot's bailiff comes and denies the whole, as the court of the lord the King should award. And he said that unknown to the Abbot and without his court failing to do Thomas right, the suit was taken away to the county court, and this he asked to be allowed him. And owing to the doubt a day was given to the parties at Westminster, etc. And because the Abbot permitted John to be impleaded in his court first and in the county court afterwards until he put himself on a grand assize, the Abbot not having lodged the claim which he should have made, it is awarded that the assize proceed.[Pg 96]

21. A Freeman Holding in Villeinage [Bracton's Note-Book, II, 233, No. 281], 1228.

William de Bissopestun, William de Ludington and Geoffrey de Cherlescote, knights, whom the lord the King appointed as justices to take an assize of novel disseisin which Thomas son of Adam arraigned against Ralph, Prior of Stiffleppe, and many others, of a tenement in Aldrestun, [were summoned] to make a record of that assize before the justices at Westminster, and to certify the same justices how far the process in the same assize was carried, and the same Thomas was summoned to hear that record. And William and Geoffrey come and record that the assize came to recognise before them if the aforesaid Prior and Thomas son of Payn and Gilbert son of Henry [and] Osmar le Bracur unjustly and without a judgment and after the last, etc., disseised the aforesaid Thomas son of Adam of his free tenement in Aldredestun. And the Prior came before them, and, being asked if he wished to say anything against the assize, said that the assize ought not to be made thereof, because the same tenement was his villeinage, and the same Thomas was his villein and owed villein customs as did all others of the aforesaid manor, such as ploughings and reapings, and he could not marry his daughter as a freeman could.

And Thomas acknowledged that he owed certain customs at the Prior's food, and that he owed him a rent and a fixed fine for his daughter, and said that he was a free man and held freely of the Prior, and thereof put himself on a jury. And hereon a jury was taken and the jurors said that they (the aforesaid Prior and others) disseised him of his free tenement, and after the term,[144] and the damage was taxed and estimated at two marks.

And the Prior says that in part their record is correct, but they say too little, because the jurors said that Thomas ought to give 12d. for marrying his daughter, and owed many other customs; and he and his fellows sought respite that they might have the opinion of Sir Robert de Lexinton whether this was a free tenement from which they know what the tenant ought to do and what not; and they could have no respite.

And the justices deny all this, and say that the jurors said[Pg 97] nothing of the 12d.[145] And so it was awarded that the justices made a right judgment, and so they are quit thereof; and let the Prior be in mercy, and proceed further against Thomas if he will.[146]

22. Land Held by Charter Recovered from the Lord [Bracton's Note-Book, III, 622, No. 1814], 1227.

The assize comes to recognise if William de Sufford and Reynold de Sufford unjustly etc. disseised William the Tailor of his free tenement in Lodenes after the last, etc. And William comes and grants the assize, and Reynold comes not, and it is not known who he is, etc.

The jurors say that the father of the aforesaid William the Tailor was a villein of Roger, father of the aforesaid William de Sufford, and he held of him in villeinage all his life, and after his death Roger came and gave to William the Tailor a messuage and an acre and a rood of land to hold freely for a mark which William the Tailor gave to him, so that he should hold the land for 8d. a year and for foreign service, and so William the Tailor held the land and messuage the whole of Roger's life, and after his decease William the Tailor came to the aforesaid William de Sufford and to his mother and gave them 5s. to hold the land as he held it before, and so held it until William de Sufford unjustly disseised him. And so it is awarded that William the Tailor recover his seisin, etc.[147]

Be it manifest to all by these presents that we, brother Robert, Abbot of Stoneleigh, and the convent of the same place, have granted for us and our successors that Geoffrey son of the late[Pg 98] William Austyn of Wottonhull be free of his body with all his brood and his chattels hereafter for ever; so that neither we nor our successors shall be able to demand or claim anything in him or his brood or his chattels, but by these presents we are wholly excluded. In witness whereof we have put our seal to these presents. Given at Stonle on Monday next after the feast of the Purification of the Blessed Virgin Mary [148] in the eighth year of the reign of King Edward the third after the conquest.

To all who shall see or hear this writing, Geoffrey, by divine permission Abbot of Selby, and the Convent of the same place, greeting in the Lord. Know ye that we, with the unanimous consent of out chapter, have given, granted and by this our present charter confirmed to John de Petreburgh John son of William de Stormesworth, our bondman, with all his brood and all his chattels, so that the aforesaid John with all his brood and all his chattels, as is aforesaid, remain henceforth for ever, in respect of us and our successors, free, at large, and quit of all bond of serfdom, so that neither we nor our successors nor any man in our name shall be able henceforth to demand, claim or have any right or claim or any action in the aforesaid John, his brood or his chattels, by reason of serfdom, villeinage or bondage. In witness whereof our common seal is appended to these presents. Given at Selby in our chapter-house on the 10th day of the month of June, A.D. 1358.

25. Imprisonment of a Gentleman Claimed as a Bondman [Patent Roll, 25 Henry VI, p. 2, m. 9], 1447.

The King to all to whom, etc., greeting. Know ye that whereas Humphrey, late duke of Gloucester, lately seised of the manor of Bowcombe in the Isle of Wight in the county of Southampton in his demesne as of fee or at least fee tail, lately, upon undue information given to him, claiming one John Whithorne of the county of Wiltshire, gentleman, to be his bondman belonging to him as it were to the manor aforesaid, caused the same John to be taken by his ministers and ser[Pg 99]vants, and all the lands and tenements of the same John, to wit, 60 messuages, 6 tofts, one dovecote, 600 acres of land, 30 acres of meadow, 6 acres of pasture and 6s. 8d. of rent with the appurtenances in the city of Salisbury, Fisherton Anger, Middle Winterslow and West Winterslow, Woodmanton, Burchalk, Bulbridge, Ugford St. James, Wilton, Foulston, Barford St. Martin, Fonthill Gifford, Sharnton, Ashton Gifford, Babeton, Deptford, Wily, Alderbury and Avon, in the said county of Wilts, to be seized into his hands, and certain goods and chattels of the same John being at Wilton in the said county of Wilts likewise to be taken into his hands, and the same John to be brought to the same late duke's castle of Pembroke in Wales, where the same late duke imprisoned the same John and detained him there in prisons so dire, in a dungeon so obscure and dark, in such great hunger, misery of life, deprivation of food and clothes, and imposition on the same John of imprisonment, duress and divers other hardships and miseries, putting aside and abandoning all pity, for seven years and more, that the same John by occasion thereof has totally lost the sight of his eyes, miserably incurring bodily blindness for the term of his life and other incurable infirmities, as we have learned; which messuages, tofts, dovecote, land, meadow, pasture and rent, by and after the death of the aforesaid late duke, have descended to us as kinsman and heir of the same late duke: And now we, being credibly informed upon the truth of the matter in this behalf, have learned from trustworthy testimony that the aforesaid John has always been and is a freeman and of free condition, never infected with the taint of villeinage, and that all the premises, done and brought upon him so enormously and opprobriously as well in his person as in his tenements and goods and chattels aforesaid, as is aforesaid, were done and perpetrated unduly and unjustly of great malice and insatiable avarice against all conscience: We, duly weighing all and singular the premises, and wishing due reformation of such and so great damages, oppressions, injuries and grievances, to be made and had, as far as in us lies, of our especial grace and of our certain knowledge and mere motion and in true execution and due completion of justice, by the tenour of these presents have deemed fit to remove and in fact by these presents we have removed our hands from the messuages, tofts, dovecote, land, meadow, pasture[Pg 100] and rent aforesaid, with the appurtenances and with knights' fees, advowsons of churches and other ecclesiastical benefices whatsoever, franchises, liberties and all other things pertaining or belonging to the same, and by these presents have restored the same John to and into those messuages ... and by these presents we give and grant the same ... with all and all manner of issues ... from the time of the death of the said late duke forthcoming or received, to have and hold those messuages ... to him, his heirs and assigns, of the chief lords of that fee by the services therefrom due and accustomed for ever, as freely, well, entirely, peaceably and quietly as the same John had held or occupied the messuages ... before the seisin aforesaid made by the aforesaid late duke or his servants or ministers.... In witness whereof, etc., Witness the King at Westminster, 16 July.

26. Claim to a Villein [Early Chancery Proceedings, 16, 436], temp. Henry IV-Henry VI.

To the most reverend father in God, the archbishop of Canterbury, and chancellor of England.

Beseecheth meekly your poor bedeman, John Bishop, that where he late was in his house at Hamble-en-le-Rice in the county of Southampton the 12th day of March last past in God's peace and the King's, there came John Wayte, Richard Newport and John Newport with thirteen other persons in their company arrayed in manner of war, and in full riotous wise in forcible manner there and then entered the house of your said beseecher about midnight, and him lying in his bed took, seized and imprisoned, and his purse with 25s. of money therein and the keys of his coffers from him took and the same coffers opened and 28l. of his money, 2 standing cups of silver gilt, 7 flat pieces of silver, 2 masers, 6 girdles and a baselard harnessed with silver, of the goods and chattels of William Poleyn of the value of 40l. there being in the keeping of your said beseecher, and 5 pieces of kerseys and the stuff of household of your said beseecher to the value of 30l. there found, took and bare away, and him from thence the same night to Sydyngworth led and in horrible strait prison kept by the[Pg 101] space of two days, and from thence him carried to a place called Spereshot's place in the same [town] and him there in full strait grievous prison in stocks kept still by the space of five days and other full great wrongs to him did against the peace of the King our sovereign lord to the utter destruction of the body of your said beseecher, which is not of power to sue his remedy by the common law, and importable loss of his goods but if more sooner remedy be had for him in this behalf. Please it your gracious lordship to grant several writs to be directed to the said John Wayte, Richard Newport and John Newport, commanding them to appear before you at a certain day by you to be limited to be examined of these premises and to do and receive what good faith and conscience will in this behalf, and that they moreover by your discretion be compelled to find sufficient surety to keep the King's peace against your said beseecher and against all the King's liege people, at the reverence of God and in the way of charity.

This is the answer of John Wayte to a bill put against him by John Bishop before the King in his Chancery.

The said John Wayte saith by protestation that the said John Bishop is his villein regardant to his manor of Lee in the county of Southampton, and he and his ancestors and all those whose estate John Wayte hath in the same manor have been seised of the said John Bishop and of his ancestors as villeins regardant to the said manor from the time that no mind is, and saving to the said John Wayte and his heirs all manner advantage to seize and claim the same John Bishop and his heirs and their blood, all their lands and tenements, goods and chattels, and all manner other advantage and objections of bondage of and against the said John Bishop and his blood hereafter, by protestation that the said John Wayte is not guilty of no matter contained in the said bill like as by the same bill it is supposed for plea, saith, inasmuch as all the matters of complaint contained in the said bill be matters determinable by the common law of this land in other courts of our sovereign lord the King, and not in this court, asketh judgment and prayeth to be dismissed out of this court after the form of the Statute.[Pg 102]

The said John Bishop saith that he is a free man born and of free condition and not bondman of the said John Wayte, and that all the ancestors of the same John Bishop from the time that no mind is have been free men and of free condition, born within the parish of Corfe in the county of Dorset and not within the manor of Lee in the county of Southampton, as by divers true inquisitions hereof taken before certain commissioners by virtue of the king's commission to them directed it plainly appeareth, which commissions and inquisitions remaineth in this place of record; and he saith moreover that the said John Wayte wrongfully by great force hath taken from him his goods and chattels and him grievously imprisoned in the manner and form declared in his bill, and him put to such cost, loss of his good, let of his labour and business, and other great troubles and vexations, that he is so poor and brought to so great misery that he is not of power to sue against the said John Wayte for remedy of the said wrongs by course of the common law of this land. Wherefore, inasmuch as he withsaith not the matter contained in the said bill of complaint of the said John Bishop, he prayeth that the said John Wayte may be compelled by the rule and discretion of this court to restore him of his said goods and to give him sufficient damages and amends for the said trespass to him done.

27. The Effect of the Black Death [Duchy of Lancaster, Misc. Bks. 8, f. 57d.], 1350.

Proxy for Parliament.—To his most excellent Prince and Lord, the most reverend Lord Edward, by the grace of God illustrious King of England and France and Lord of Ireland, his most humble chaplain, Geoffrey, Abbot of the Monastery of Selby, in the diocese of York, submission and reverence, with the bond of instant prayer to God. Since we are occupied beyond our strength in supporting the charges incumbent on our monastery, as well because our discreeter and stronger brethren, on whom rested the governance of our house, have gone the way of all flesh through the pestilence, as because our house both in decay of rents and in lack of corn and other victuals is suffering undue disaster, and also being hindered by[Pg 103] other unavoidable obstacles, we are unable to be present in person in the instant Parliament to be held on the octave of the Purification of the Blessed Virgin Mary next coming, we make and appoint by these presents our beloved in Christ Sir Thomas de Brayton, clerk, and Hilary de Useflete, and each of them singly, our true and lawful proctors to appear for us in your said Parliament on the said day and place with the continuation and prorogation of the days following; giving and granting to the same and to each of them special command in our name to treat with you and with the rest of the prelates, magnates and chiefs of the said realm, being in the same Parliament, on the arduous and urgent affairs touching you and the estate and good governance of your realm of England and other your lands and lordships, which shall be there treated in common, and to consent to the measures which by God's favour shall be ordained then and there by the common council, and also to do and further all and singular other measures which we could have done in the said Parliament, if we had been present there in person; intending to ratify and approve whatsoever our said proctors or any one of them shall deem fit to be done in the premises in our name. In witness whereof our seal is affixed to these presents. Dated, etc.

28. Accounts of the Iron-works of South Frith Before and After the Black Death [Ministers' Accounts, 891, 8 and 9], 1345-6 and 1349-50.

The account of Thomas Judde, receiver of South Frith, from Michaelmas, 19 Edward III, to the morrow of Michaelmas following, 20 Edward III.

Sale of Wood.—[He answers] also for 188l. 4s. 6d. for wood sold in South Frith by Sir Andrew de Bures, Walter Colpeper, and William Lengleys, in the month of April, as appears in the particulars; and for 18l. 7s. for wood sold there by the same in the month of August, as appears by the particulars; and for 6l. 7s. 5d. for wood blown down by the wind, sold during the time covered by this account, as appears by the particulars indented. Sum:—212l. 18s. 11d.

[Pg 104]Defect of rent.—In defect of rent of 40 acres of land sometime of Hugh Champion in South Frith, because they are in the hand of the lady and lie waste for lack of a tenant, 13s. 4d. a year; in defect of rent of Thomas Springget for a smithy which lies waste and is not worked, 12d. a year; in defect of rent of a house sometime of Walter le Smyth, because it is pulled down, and it is testified that he has nothing on the lady's fee, 12d. a year. Sum:—15s. 4d.

The account of Thomas Judde, receiver of South Frith, from Michaelmas, 23 Edward III, to the morrow of Michaelmas following, 24 Edward III, for the whole year.

Sale of wood.—He answers for 17l. 14d. received for wood thrown down by the wind, as appears by the particulars indented between Walter Colpepyr and the said receiver. Sum:—17l. 14d.

Defect of rent.—He accounts in defect of rent of 40 acres sometime of Hugh Campyon, because they are in the hands of the lady and lie waste in the said wood for lack of a tenant, 13s. 4d. a year; further, in defect of rent of Thomas Springet for a smithy in the hand of the lady, as above, 12d.; further, in defect of rent of the house of Walter le Smyth, as above, 12d.; further, in defect of rent of Richard atte Ware, as above, 5s. 7d. for 8 acres 3 roods of land at Bukesworthbrom with other parcels of land there; further, in defect of rent of Thomas Harry for 3 roods of land, as above, 4½d.; further in defect of rent of William Huchon for 6 acres of land, as above, 3s.; further, in defect of rent of Richard Sampson for 19 acres 1 rood of land, as above, 12s. 10d.; further, in defect of rent of Thomas Harry for two smithies, as above, 2s.; further, in defect of rent of Robert le Hore for a house, as above, 7d.; further, in defect of rent of Richard Gambon for a house, as above, 12d.; further, in defect of rent of John Coppynger for a house, as above, 12d.; further, in defect of rent of Richard Sampson for 3 acres of land, as above, 18d.; further, in defect of rent of William atte Sandhelle for 20 acres of land, as above, 13s. 4d.; further, in defect of rent of Richard Sewale for 20 acres of land, as above, 13s. 4d.; further, in defect of rent of[Pg 105] William Crowle and Simon de Herst for 36 acres 3 roods of land, as above, 18s. 4½ d.; further, in defect of rent of Robert Smale, John Watte, Jordan Odam and William Mowyn, for 23 acres 3 roods of land, as above, 15s. 11d.; further, in defect of rent of Walter Colpeper for 22 acres 3 roods of land, as above, 5s. 8¼ d.; further, in defect of rent of Walter Mody for 18 acres of land, as above, 9s.

Sum:—119s. 3¼d. Whereof 103s. 11¼d. is of new defect by reason of the pestilence.

Pleas in the Isle of Ely before the justices appointed in the county of Cambridge to punish and chastise insurgents and their misdeeds, on Thursday next before the feast of St. Margaret the Virgin,[149] 5 Richard II.

Inquisition taken there on the said Thursday by the oath of John Baker [150] ... who say on their oath that Richard de Leycestre of Ely on Saturday next after the feast of Corpus Christi in the 4th year of the Lord the King that now is, of his own will made insurrection, gathering to himself John Buk of Ely and many other evildoers unknown, and went through the whole town of Ely, commanding that all men, of whatsoever estate, should make insurrection and go with him to destroy divers traitors whom he would name to them on behalf of the lord King Richard and the faithful commons; and hereupon he made divers proclamations seditiously and to the prejudice of the lord the King, whereby the people of the same town of Ely and other townships of the isle aforesaid were greatly disturbed and injured. Further they say that the same Richard [de Leycestre] on Sunday following commanded John Shethere of Ely, Elias Glovere, John Dassh, skinner, John Tylneye, wright, and John Redere of Ely, Thomas Litstere of Ely, Richard Swonn of Ely and John Milnere of Ely and many others of the commons there assembled, that they should go with him to the monastery of[Pg 106] Ely to stand with him, while he, in the pulpit of the same monastery, should declare to them and all others the matters to be performed on behalf of King Richard and the commons against traitors and other disloyal men, and this under pain of the burning of their houses and the taking off of their heads; and so the same Richard [de Leycestre] was a notorious leader and assembler feloniously, and committed all the aforesaid acts to the prejudice of the crown of the lord the King. Further they say that the same Richard on Monday next following at Ely, as principal leader and insurgent, with the aforesaid men above named and many others unknown of his fellowship, feloniously broke the prison of the lord Bishop of Ely at Ely and feloniously led away divers felons there imprisoned.

And that the same Richard on the said Monday at Ely feloniously adjudged to death Edmund de Walsyngham, one of the justices of the peace of the lord the King in the county of Cambridge, whereby the said Edmund was then feloniously beheaded and his head set on the pillory there, the same being a pernicious example. And that the same Richard was the principal commander and leader in all the felonies, seditions and other misdeeds committed within the isle at the time aforesaid, etc.

And hereupon the aforesaid Richard was taken by the justices aforesaid and afterwards brought before them and charged and diligently examined touching all the felonies and seditions aforesaid, article by article, in what manner he would acquit himself thereof; and he made no answer thereto but proffered a protection of the lord the King granted to him for the security of his person and his possessions to endure for one year according to the form and effect used in the Chancery of the lord the King; and he says that he does not intend to be annoyed or disquieted touching any presentments made against him by the justices, by virtue of the protection aforesaid, etc. And the aforesaid Richard was asked if he would make any other answer to the premises under the peril incumbent, in that the protection aforesaid is insufficient to acquit him of the premises or of any article of the same. And hereupon the same Richard made no further denial of any of the premises presented against him, but said, "I cannot make further answer, and I hold myself convicted." And because it is clear[Pg 107] and plain enough to the aforesaid justices that the same Richard is guilty of all the felonies and seditions aforesaid, as has been found before the same justices in lawful manner, therefore by the discretion of the said justices he was drawn and hanged the same day and year, etc., and [it was adjudged] that his lands and tenements, goods and chattels, should be forfeit to the lord the King, as law requires. And order was made to Ralph atte Wyk, escheator of the lord the King, that he should make due execution thereof forthwith for the lord the King, etc. And it is to be known that it was found before the aforesaid justices that the same Richard has a shop in "le Bocherie" in Ely, which is worth yearly beyond reprises 10s., and chattels to the value of 40 marks, which the same Ralph seized forthwith, etc.

Further the aforesaid jurors say that John Buk of Ely was a fellow of the aforesaid Richard Leycestre all the time of the insurrection and tumult at Ely in the accomplishing of all the felonies, treasons and misdeeds, whereof the said Richard was indicted. And specially that the same John, of his malice, at the time when Edmund de Walsyngham was adjudged to death, feloniously came to him and feloniously snatched a purse of Edmund attached to his tunic containing 42½d., and violently assaulted the said Edmund, dragging him to the place of his beheading, and carried away the said money except 12d. thereof which he gave to John Deye of Willingham, who there feloniously beheaded Edmund, for his labour. And hereupon the aforesaid John Buk was taken and brought forthwith before the aforesaid justices and charged touching the premises article by article, in what manner he will make answer thereto or acquit himself. And he says that as to all the matters touching Edmund de Walsyngham whereof he is charged, he came with many others to see the end of the said Edmund and to hear the cause of his death, and not otherwise, and this by the command of divers of the said commons. And he was asked further by whose command he came there and snatched the purse with the money aforesaid from the said Edmund in the form aforesaid, and he said that he believes it was by command of the devil. And he confessed further how and in what manner he dealt with the aforesaid purse with the money aforesaid, as was found above. And to all other presentments made against him he made no further[Pg 108] answer. And because it is clear and plain enough, as well by his own acknowledgment as by lawful finding otherwise, that the same John is guilty of all the felonies and treasons aforesaid, therefore by the discretion of the said justices he was drawn and hanged, etc.; and [it was adjudged] that his lands and tenements, goods and chattels, should be forfeit to the lord the King, as law requires. And order was made to Ralph atte Wyk, escheator of the lord the King, that he should make due execution thereof forthwith for the lord the King, etc., because it was found before the aforesaid justices that he has goods and chattels to the value of 20l., which the same Ralph seized forthwith and made further execution, etc.

[m. 10d.] Ely.—Adam Clymme was taken as an insurgent traitorously against his allegiance, and because on Saturday next after the feast of Corpus Christi in the 4th year of the reign of King Richard the second after the Conquest, he traitorously with others made insurrection at Ely, feloniously broke and entered the close of Thomas Somenour and there took and carried away divers rolls, estreats of the green wax of the lord the King and the Bishop of Ely, and other muniments touching the Court of the lord the King, and forthwith caused them to be burned there to the prejudice of the crown of the lord the King.

Further that the same Adam on Sunday and Monday next following caused to be proclaimed there that no man of law or other officer in the execution of duty should escape without beheading.

Further that the same Adam the day and year aforesaid at the time of the insurrection was always wandering armed with arms displayed, bearing a standard, to assemble insurgents, commanding that no man of whatsoever condition he were, free or bond, should obey his lord to do any services or customs, under pain of beheading, otherwise than he should declare to them on behalf of the Great Fellowship. And so he traitorously took upon him royal power. And he came, brought by the sheriff, and was charged before the aforesaid justices touching the premises, in what manner he would acquit himself thereof. And he says that he is not guilty of the premises imputed to him or of any of the premises, and[Pg 109] hereof puts himself on the country, etc. And forthwith a jury is made thereon for the lord the King by twelve [good and lawful men] etc., who being chosen hereto, tried and sworn, say on their oath that the aforesaid Adam is guilty of all the articles. By the discretion of the justices the same Adam is drawn and hanged, etc. And it was found there that the same Adam has in the town aforesaid chattels to the value of 32s., which Ralph atte Wyk, escheator of the lord the King, seized forthwith and made further execution for the lord the King, etc.

Cambridge.—John Shirle of the county of Nottingham was taken because it was found that he was a vagabond in divers counties the whole time of the disturbance, insurrection and tumult, carrying lies and worthless talk from district to district whereby the peace of the lord the King could be speedily broken and the people disquieted and disturbed; and among other dangerous words, to wit, after the proclamation of the peace of the lord the King made the day and year aforesaid, the assigns [151] of the lord the King being in the town and sitting, he said in a tavern in Bridge Street, Cambridge, where many were assembled to listen to his news and worthless talk, that the stewards of the lord the King, the justices and many other officers and ministers of the King were more worthy to be drawn and hanged and to suffer other lawful pains and torments, than John Balle, chaplain, a traitor and felon lawfully convicted; for he said that he was condemned to death falsely, unjustly and for envy by the said ministers with the King's assent, because he was a true and good man, prophesying things useful to the commons of the realm and telling of wrongs and oppressions done to the people by the King and the ministers aforesaid; and his death shall not go unpunished but within a short space he would well reward both the King and his officers and ministers aforesaid; which sayings and threats redound to the prejudice of the crown of the lord the King and the contempt and manifest disquiet of the people. And hereupon the aforesaid John Shirle was brought forthwith by the sheriff before the aforesaid assigns in Cambridge castle, and was charged touching the premises and diligently examined[Pg 110] as well touching his conversation as touching his tarrying and his estate, and the same being acknowledged by him before the aforesaid assigns, his evil behaviour and condition is plainly manifest and clear. And hereupon trustworthy witnesses at that time in his presence, when the aforesaid lies, evil words, threats and worthless talk were spoken by him, were asked for, and they being sworn to speak the truth in this behalf, testify that all the aforesaid words imputed to him were truly spoken by him; and he, again examined, did not deny the premises imputed to him. Therefore by the discretion of the said assigns he was hanged; and order was made to the escheator to enquire diligently of his lands and tenements, goods and chattels, and to make due execution thereof for the lord the King.

SECTION V

1. Payments made to the crown by gilds in the twelfth century, 1179-80—2. Charter of liberties to the borough of Tewkesbury, 1314—3. Charter of liberties to the borough of Gloucester, 1227—4. Dispute between towns touching the payment of toll, 1222—5. Dispute with a lord touching a gild merchant, 1223-4—6. The affiliation of boroughs, 1227—7. Bondman received in a borough, 1237-8—8. An intermunicipal agreement in respect of toll, 1239—9. Enforcement of charter granting freedom from toll, 1416—10. Licence for an alien to be of the gild merchant of London, 1252—11. Dispute between a gild merchant and an abbot, 1304—12. Complaints of the men of Leicester against the lord, 1322—13. Grant of pavage to the lord of a town, 1328—14. Misappropriation of the tolls levied for pavage, 1336—15. Ordinances of the White Tawyers of London, 1346—16. Dispute between Masters and Journeymen, 1396—17. Ordinances of the Dyers of Bristol, 1407—18. Incorporation of the Haberdashers of London, 1448—19. Indenture of Apprenticeship, 1459—20. A runaway apprentice, c. 1425—21. Incorporation of a gild for religious and charitable uses, 1447.

The origin and early development of towns, the emergence of gild merchant and craft gild, the mutual relationship of the two types of gild, and the part played by each in the evolution of municipal self-government, present problems to which there is no simple solution. The undoubtedly military object of many of the Saxon boroughs fails to explain their economic development; while the possession of a market did not lead of necessity to self-government. Often, indeed, there is little economic difference between a large manor and a small town; the towns pursued agriculture, and the manors engaged in industry. None the less the early borough, with its court co-ordinate with the hundred court, its special peace, and its[Pg 112] market, stands out at the time of the Conquest as a distinct variety of communitas, and easily became a centre of specialised industry and privileged association. Constitutional and economic growth proceed side by side; a measure of liberty encourages commercial progress, and the profits of trade purchase a larger measure of liberty.

In this section an attempt has been made to illustrate the gradual expansion of the economic life of the town from the twelfth century onwards. The twelfth and thirteenth centuries witnessed a great and growing activity; craft gilds and gilds merchant were arising everywhere, and whether licensed or unlicensed, were paying considerable sums to the crown for privileges bought or usurped, (No. 1). The more important boroughs were securing charters from their lords (Nos. 2 and 3), while smaller towns were struggling to win economic freedom, that is to say, local monopoly, against serious obstacles (No. 5). The fate of a town depended much on the lord; the king's boroughs were more favoured than those of an earl or lesser baron, while the latter fared better than towns in the hands of a prelate (Nos. 11 and 12). The exaction of tolls and the claim to exemption from tolls, which prove the existence of considerable intermunicipal trade, were a common cause of litigation. The grant of incompatible privileges to rival communities was a source of profit to the mediæval monarchy; the crown secured payment in hand for the charters, and reaped the benefit of the inevitable dispute that followed (Nos. 4 and 8). The growth of intercourse is further shown by that curious feature of early borough development, the affiliation of distinct groups of towns (No. 6). Nos. 7 and 10 illustrate the coveted privileges of the freedom of a city or borough, and No. 9 the machinery by which a citizen protected himself if his liberty were infringed in another town. The character of tolls imposed by a town for municipal purposes and the possibility of corrupt collectors are shown in Nos. 13 and 14. The specialisation of industry is naturally followed by a differentiation of function, a process which develops normally in the fourteenth century[Pg 113] and attains a certain rigidity in the fifteenth. Crafts begin to close their ranks, to lay down elaborate rules of membership, of the conduct of business and the methods of manufacture, to secure incorporation, and to strengthen their hands by establishing disciplinary precedents in relation to the journeymen and apprentices. The competition of the unskilled outsider is suppressed and apprenticeship insisted on (Nos. 15 and 17), the journeyman is restrained (No. 16), and the crafts establish a wide control over the conditions of labour (No. 18). No. 19 is a characteristic indenture of apprenticeship; No. 20 illustrates the tendency to invoke the central authority, which grows in force during the fifteenth century and culminates in the direct control exercised by the Chancellor over gild ordinances in the sixteenth century; while No. 21 is an example of the social religious gild, which was one of the mediæval methods of anticipating the poor law.

The principal modern writers dealing with the subject of this section are:—Madox, Firma Burgi; Maitland, Township and Burgh; Merewether & Stephens, History of the Boroughs; Ballard, British Borough Charters; Bateson, Borough Customs(Selden Society); Gross, The Gild Merchant; Gross, The Affiliation of Boroughs (Antiquary, XII.); Drinkwater, Merchant Gild of Shrewsbury(Salop Archæol. Transactions, N.S. II.); Unwin, The Gilds and Companies of London; Unwin, Industrial Organisation in the sixteenth and seventeenth centuries; Green, Town Life in the Fifteenth Century; Toulmin Smith, English Gilds (Early English Text Society); Davies, History of Southampton; Hibbert, Influence and Development of English Gilds; Hudson, Leet Jurisdiction in the City of Norwich; Leonard, Early History of English Poor Law Relief; Denton, England in the Fifteenth Century.

For contemporary records the student may be referred to the following:—Riley, Memorials of London and London Life; Riley, Liber Albus; Sharpe, Calendars of Letter Books; Stevenson, Records of the Borough of Nottingham; Bateson, Records of the Borough of Leicester; Court Leet of the City of Norwich (Selden Society); Bickley, The Little Red Book of Bristol; Rotuli Cartarum(Record Commission); and the Calendars of Patent, Close and Charter Rolls(Record Office Publications).[Pg 114]

1. Payments Made to the Crown by Gilds in the Twelfth Century [Pipe Roll, 26 Henry II], 1179-80.

The weavers of Oxford render account of 6l. for their gild. They have delivered it into the treasury.

The corvesers of Oxford render account of 15s. for an ounce of gold for their gild. They have delivered it into the treasury.

The weavers of Huntingdon render account of 40s. for their gild. They have delivered it into the treasury.

The weavers of Lincoln render account of 6l. for their gild. They have delivered it into the treasury.

The weavers of York render account of 10l. for their gild. They have delivered it into the treasury.

The same sheriff [of York] renders account of 2 marks from the gild of glovers and curriers. In the treasury is 1 mark.

The same sheriff renders account of 20s. from the gild of saddlers for [customs which they exact unjustly]. In the treasury is 10s.

The same sheriff renders account ... of 1 mark from the gild of hosiers by way of mercy ...

The citizens of Exeter render account of 40l. for the fine of a plea touching gilds. In the treasury are 20l.

The same sheriff [of Devon] renders account ... of 1 mark from the borough of Barnstaple for a gild without warrant....

The burgesses of Bodmin render account of 100s. for their false statement and for their gild without warrant. In the treasury are 50s.

The same sheriff [of Cornwall] renders account ... of 3 marks from the burgesses of Launceston for their gild without warrant....

The same sheriff [of Dorset and Somerset] renders account of 6 marks from the borough of Wareham for a gild without warrant. In the treasury are 3 marks.

The same sheriff renders account ... of 3 marks from the borough of Dorchester for a gild without warrant. And of 2 marks from the borough of Bridport for the same....

The same sheriff renders account ... of 20s. from Axbridge for a gild without warrant. And of ½ mark from Langport for the same....And he is quit.

The weavers of Winchester render account of 2 marks of gold for their gild. In the treasury are 12l. for 2 marks of gold.

The fullers of Winchester render account of 6l. for their gild. They have delivered it into the treasury.

The weavers of Nottingham render account of 40s. for their gild. They have delivered it into the treasury.

The weavers of London render account of 12l. for their gild. They have delivered it into the treasury.

The gild of strangers (pelegrinorum) whereof Warner le Turnur is alderman owes 40s.[Pg 116]

2. Charter of Liberties To the Borough of Tewkesbury [Charter Roll, 11 Edward III, m. 10, No.21], 1314.

Gilbert de Clare, earl of Gloucester and Hertford, to all whom the present letters shall come, greeting. Whereas William and Robert, sometime earls of Gloucester and Hertford,[152] our progenitors, of famous memory, formerly granted and confirmed in turn for them and their heirs by their charters to their burgesses of Tewkesbury and their heirs and successors the liberties below written:

First, that the burgesses of the borough aforesaid should have and hold their burgages in the borough aforesaid by free service, to wit, each of them holding one burgage should have and hold it by the service of 12d. a year to be rendered to the same earls, and if holding more should have and hold each of them by the service of 12d. a year together with the service of doing suit to the court of the same earls of the borough aforesaid from three weeks to three weeks, for all service, so that after the decease of any of the burgesses aforesaid, his heir or heirs should enter the burgage or burgages aforesaid, of what age soever he or they should be, to hold the same quit of relief or heriot.[Pg 117]

And to the same burgesses, each of them, that they might sell, pledge or loan to other burgesses their burgage or burgages aforesaid which they had in the same borough by purchase, at their will, without any ransom to be made, so that those burgesses to whom such burgages were sold, pledged or loaned, should show the charters or writings which they had thereof before the steward of the aforesaid earls in the court of the borough.

And if any of them should hold half a burgage, he should hold it with the same liberty with which tenants of a whole burgage should hold and have the same, according to the quantity of his burgage.

And that no burgess of the borough aforesaid should by reason of a burgage or half a burgage be in any wise tallaged or make ransom of blood or be disturbed by reason of the sale of his horse, ox or other his chattels whatsoever, but each of them should employ his merchandise without challenge.

And to the same burgesses, that they might make their wills and lawfully in their wills bequeath at their pleasure their chattels and burgages which they should hold by purchase.

And if it should happen that any of them were impoverished whereby he must sell his burgage, he should first seek from his next hereditary successor before his neighbours three times his necessaries in food and clothing for the poverty of his estate, and if he should refuse to do it for him, it should be lawful for him to sell his burgage at his will for ever without challenge.

And to the same burgesses, that they might make bread for sale in their own oven or that of another, and ale for sale in their own brewhouse or that of another, save that they should keep the royal assize.

And that they might make ovens, drying-houses, hand mills without hindrance of the earls aforesaid or their bailiffs whomsoever.

And that none of them should come without the borough aforesaid by any summons to the hundred of the same earls of the honour of Gloucester in the county aforesaid by reason of their burgages aforesaid.

And if a foreigner, who should not be a burgess nor the son of a burgess, should buy a burgage or half a burgage in the same borough, he should come to the court of the borough[Pg 118] aforesaid next following and make his fine for entry and do fealty.

And that all burgesses who should hold a burgage or half a burgage and should sell bread and ale should come once at the Lawday yearly at the Hockday and there be amerced for breach of the assize, if they ought to be amerced, by the presentment of twelve men; so that each burgess should answer for his household (manupastu), sons and tenants, unless they should have been attached for any trespass to answer at the day aforesaid.

And to the same burgesses, that they should be quit of toll and of custom within the lordship of the aforesaid earls in the honour of Gloucester and elsewhere in England, according as they used of old; so that no foreigner should buy corn in the borough aforesaid nor put or keep any in a granary beyond eight days, to wit, between the Gules of August [153] and the feast of All Saints [154]; but if he did and were convicted thereof, he should be amerced at the will of the aforesaid earls or their bailiffs; nor after the feast of All Saints or [before] the Gules of August should he buy corn to put and keep in a granary, nor carry any by water without licence of the aforesaid earls or the bailiffs of the borough aforesaid, and he should pay customs.

And that no foreigner should be received by the steward, clerk or any other on behalf of the same earls to be within the liberty aforesaid, unless it were testified by lawful men of the borough aforesaid, that he were good and trusty.

And if any burgess should be out of the borough at the time of summons of the court aforesaid and could not reasonably be forewarned, he should not be amerced for default.

And if any foreigner should be received within the liberty of the borough aforesaid, he should find mainpernors [155] that he would bear himself in good manner and faithfully to the aforesaid earls and their bailiffs, and would be tractable to the commonalty of the borough aforesaid.

And that they, the burgesses, should be bailiffs and catch-polls [156] of that borough as often as they should be elected hereto, at the will of the aforesaid earls, their stewards and bailiffs, and by election of the commonalty of the borough aforesaid from year to year.[Pg 119]

And that the burgesses aforesaid should have common pasture for their beasts in the common pasture of the borough aforesaid, according to their burgages which they have in the same borough, as they have been accustomed hitherto.

We, ratifying and approving the gifts and grants aforesaid, grant and confirm them for us and our heirs for ever. These witnesses:—Sirs Bartholomew de Badlesmere, Roger Tyrel, Gilbert of St. Ouen, Giles de Bello Campo, John de Harecourt, Robert de Burs, John Tyrel, knights, Master Richard de Clare, John de Chelmersford, clerks, and others. Given at Rothwell in the county of Northampton, 26 April, 1314, in the seventh year of the reign of King Edward, son of King Edward.[157]

3. Charter of Liberties To the Borough of Gloucester [Charter Roll,11 Henry III, p.1, m. 10, No. 88], 1227.

Henry, King, etc., greeting. Know ye that we have granted and by this our charter confirmed to our burgesses of Gloucester the whole borough of Gloucester with the appurtenances, to hold of us and our heirs for ever at fee farm, rendering yearly 55l. sterling, as they were wont to render the same, and 10l. by tale of increment of farm, at our Exchequer at the term of Easter and at the term of Michaelmas. We have granted also to our burgesses of Gloucester of the merchants' gild that none of them plead without the walls of the borough of Gloucester touching any plea save pleas of foreign tenures, except our moneyers and ministers. We have granted also to them that none of them suffer trial by battle and that touching pleas pertaining to our crown they may deraign [158] according to the ancient custom of the borough. This also we have granted to them that all burgesses of Gloucester of the merchants' gild be quit of toll and lastage [159] and pontage [160] and stallage [161] within fairs and without and throughout seaports of all our lands on this side the sea and beyond the sea, saving in all things the[Pg 120] liberties of the city of London, and that none be judged touching a money penalty save according to the ancient law of the borough which they had in the time of our ancestors, and that they justly have all their lands and tenements and sureties and debts, whosoever owe them, and that right be done them according to the custom of the borough touching their lands and tenures which are within the borough, and that pleas touching all their debts by loans which they have made at Gloucester, and touching sureties made there, be held at Gloucester. And if any man in the whole of our land take toll or custom from the men of Gloucester of the merchants' gild, after he have failed to do right, the sheriff of Gloucester or the provost of Gloucester shall take distress thereon at Gloucester, saving in all things the liberties of the city of London. Furthermore for the repair of the borough we have granted to them that they be all quit of "gyeresyeve"[162] and of "scotale,"[163] if our sheriff or any other bailiff exact "scotale." We have granted to them these aforesaid customs and all other liberties and free customs which they had in the times of our ancestors, when they had them well and freely. And if any customs were unjustly levied in the time of war, they shall be annulled. And whosoever shall come to the borough of Gloucester with his wares, of whatsoever place they be, whether strangers or others, shall come, stay and depart in our safe peace, rendering right customs. And let no man disturb them touching this our charter. And we forbid that any man commit wrong or damage or molestation against them thereon on pain of forfeiture of 10l. to us. Wherefore we will, etc. that the aforesaid burgesses and their heirs have and hold all these things aforesaid in inheritance of us and our heirs well and in peace, freely, quietly and honourably, as is above written. We will also and grant that the same our burgesses of Gloucester elect by the common counsel of the borough two of the more lawful and discreet burgesses of Gloucester and present them to our chief justice at Westminster, which two or one of them shall well and faithfully keep the provostship of the borough and shall not be removed so long as they be of good behaviour in their bailiwick, save by the common counsel of the borough. We will also that in the same borough of Gloucester by the[Pg 121] common counsel of the burgesses be elected four of the more lawful and discreet men of the borough to keep the pleas of the crown and other things which pertain to us and our crown in the same borough, and to see that the provosts of that borough justly and lawfully treat as well poor as rich, as the charter [164] of the lord King John, our father, which they have thereon, reasonably testifies. We have granted also to the same burgesses of Gloucester that none of our sheriffs intermeddle with them in aught touching any plea or plaint or occasion or any other thing pertaining to the aforesaid borough, saving to us and our heirs for ever pleas of our crown, which ought to be attached by the same our burgesses until the coming of our justices, as is aforesaid. We have granted also to the same that if any bondman of any man stay in the aforesaid borough and maintain himself therein and be in the merchants' gild and hanse and lot and scot with the same our burgesses for a year and a day without claim, thenceforth he shall not be reclaimed by his lord, but shall abide freely in the same borough. These witnesses:—W. Archbishop of York, W. Bishop of Carlisle, H. de Burgo, etc., W. Earl Warenne, Osbert Giffard, Ralph son of Nicholas, Richard de Argentem, our stewards, Henry de Capella, John de Bassingeburn and others. Dated by the hand [of the venerable father Ralph bishop of Chichester, our Chancellor], at Westminster on the sixth day of April in the eleventh year, etc.

4. Dispute Touching the Payment of Toll in a Borough [Bracton's Note-Book, II, 121, No. 145], 1222.

The bailiffs of the city of Lincoln were summoned to answer the burgesses of Beverley wherefore they permit them not to have their liberties which they have by a charter of the lord King John, which liberties they have used hitherto, etc.; whereon the burgesses say that while they came through the middle of the town of Lincoln on their way to the fair of St. Ives, the bailiffs took their pledges and their cloths contrary to their liberty, and that they are injured and suffer damage to the value of 60 marks, and thereof they produce their suit etc. and proffer their charter,[165] which testifies that the King gave to God and St. John and the men of Beverley that they should[Pg 122] be free and quit of toll, pontage, passage, pesage, lastage, stallage and wreck and all other such customs, which pertain to the lord the King himself, throughout all the king's land, saving the liberties of London, etc.; wherefore they say that by that charter they always had quittance of the aforesaid customs until the last fair of St. Ives.

And the mayor of Lincoln and Robert son of Eudo, bailiffs of Lincoln, come and deny force and tort, but acknowledge indeed that they took toll from the complainants within their town, and this they could well do, because they have charters of King Henry, grandfather of the lord the King, and of King Richard, by which those kings granted to them all the liberties and free customs which they had of the ancestors of those kings, to wit, King Edward and King William and King Henry the grandfather, throughout the whole land of England, and all the liberties which the citizens of London have, saving to the same citizens of London their liberties; and thereof they put forward their charters [166] which witness the same; wherefore they say that by those charters they have always had the liberty of taking toll in their town and always hitherto were in seisin of that liberty, and they crave judgment if by the charter of the lord King John they ought to lose their liberty granted to them by his ancestors.

And the burgesses of Beverley say that after the charter of the lord King John they never gave toll, nay rather, they were always quit thereof by that charter, and this they offer to prove, etc. or to make defence that they never gave toll; and being asked if before that charter they gave toll, they say, Yes, and crave judgment hereon and offer to the lord the King two palfreys for an inquisition if after the charter of King John they were always quit of the aforesaid toll, and they are received, and so a jury was made by eight lawful citizens of Lincoln and further by eight lawful men of the vicinage of Lincoln, and let it come on such a day to recognise if those burgesses, when they brought wares through the town of Lincoln, were quit of toll in that town from the first year of the coronation of King John.[167]

5. Dispute With a Lord Touching a Gild Merchant [Curia Regis Rolls, Mich. 8 Henry III, m. 6], 1223-4.

Buckingham.—Alan Basset was summoned to answer the burgesses of Wycombe wherefore he permits them not to have their gild merchant with its appurtenances, as they were wont to have it in the time of the lord King John, when he had that manor in his hand; whereof the burgesses say that in the time when the lord King John had that manor in his hand, and when the lord the King gave it to the same Alan, they had a gild merchant and a liberty which the same Alan has taken away from them, wherefore they are much injured, for by that gild merchant they had this liberty, that no merchant within their town could sell cloths at retail, neither linens nor woollens, unless he were in the gild merchant or by licence of the bailiffs of the burgesses who were in the gild merchant, and furthermore in the same manner could not sell fells or wood or broom [168] or such merchandise, unless he were in the gild or by licence, as aforesaid; and the same Alan contravened this liberty and granted to all merchants and others that they might sell cloths at retail and fells and such wares as they please, and takes 3d. toll; and they used to give for the farm of the lord the King half a mark yearly to have that liberty; and because he has taken away that liberty from them, they are injured and suffer damage to the value of 40 marks, and thereof they produce suit, and if this suffices not, they offer to prove that they had such seisin by the evidence of witnesses (per vivam vocem), if they ought, or by the body of a man,[169] or by the country,[170] and they offer 20 marks to have an inquisition thereon.

And Alan comes and defends force and tort and says that he has taken no liberties from them, but will speak the truth; the lord King John gave him that manor with all its appurtenances for his homage and service for 20l. a year and for the service of one knight, so that never afterwards did they have a gild merchant, although they often sued for it and murmured among themselves, so that he often asked of them their warrant, if they had any, and they show him none; and the town is amended in that merchants and others can sell their merchandise; and so they ought to have no gild.[Pg 124]

And the burgesses say that his statement is contrary to right, because after his time, when he had that manor, they had that liberty, both before his time and after, and they offer as before 20 marks to have an inquisition thereon. Touching their warrant they say that they had a charter of King Henry, grandfather of the lord the King, and it was deposited in the church of Wycombe, and there in the time of war was burned in the church, and thereof they put themselves on a jury.

And Alan defends that they had no charter thereof nor any warrant, nor ever had seisin of that gild in his time, nor can he admit nor will he admit any inquisition without the lord the King; but indeed it may be true that when they had the manor of the King at farm, then they did what they pleased.

A day is given to them on the morrow of Martinmas to hear their judgment, and the burgesses put in their place William son of Harvey and Robert le Taillur.[171]

6. The Affiliation of Boroughs [Charter Roll,11 Henry III, p. 1, m. 13, No. 117], 1227.

The King to all, etc., greeting. Know ye that we have granted and by our present charter confirmed to our burgesses of Bedford all their liberties and customs and laws and quittances, which they had in the time of the lord King Henry, our grandfather, specially their gild merchant with all their liberties and customs in lands and islands, in pastures and all other their appurtenances, so that no one who is not in that gild do any trafficking with them in city or borough or town or soke. Moreover we have granted and confirmed to them that they be quit of toll and pontage and stallage and lastage and passage, and of assarts and every other custom throughout the whole of England and Normandy by land and water and by the seashore, "bilande and bistrande," and have all other customs throughout the whole of England and their liberties and laws which they have in common with our citizens of Oxford,[172] and do their trafficking in common with them within London and without and in all other places. And if they have any doubt or contention touching any judgment which they ought[Pg 125] to make, they shall send their messengers to Oxford, and what the citizens of Oxford shall adjudge hereon, that they shall hold firm and fixed and certain without doubt, and do the same. And we forbid that they plead without the borough of Bedford in aught whereof they are charged, but of whatsoever they be impleaded, they shall deraign themselves according to the laws and customs of our citizens of Oxford, and this at Bedford and not elsewhere; because they and the citizens of Oxford are of one and the same custom and law and liberty. Wherefore we will and straitly command that our aforesaid burgesses of Bedford have and hold their aforesaid liberties and laws and customs and tenures well and in peace, freely and quietly, fully and honourably, with soc and sac and tol and theam and infangenethef,[173] and with all other their liberties and free customs and quittances, as well and entirely as ever they had them in the time of King Henry, our grandfather, and as fully and freely and entirely as our citizens of Oxford have those liberties and as the charter of King Richard, our uncle, which they have thereof, reasonably testifies. Witnesses as above. Given [at Westminster on 24 March in the 11th year of our reign].

7. Bondman Received in a Borough [Bracton's Notebook, III, 243, No. 1228], 1237-8.

Order was made to the bailiffs of Andover that at the first coming of the lord the King to Clarendon they shew cause to the lord the King, wherefore they have detained from Everard le Tyeis William of Amesbury, his bondman and fugitive, inasmuch as he claims him at the time and hours, as he says, etc.

And Adam de Marisco and other bailiffs of Andover come and say that the aforesaid William was at one time dwelling at Wilton and was a travelling merchant and married a woman in the town of Andover, and within the year in which he married the same Everard came and sought him as his bondman and fugitive, but they refused to deliver him to him and dared not without the lord the King's command.

Afterwards the same Everard comes, and remits and quit-claims to the lord the King and his heirs the aforesaid William with his whole brood, etc.[Pg 126]

8. An Inter-municipal Agreement in Respect of Toll [Charter Roll, 23 Henry III, m. 3], 1239.

The King to archbishops, etc. greeting. Know ye that whereas a dispute was raised in our Court before us between our good men of Marlborough, complainants, and our good men of Southampton, deforciants, of toll which the aforesaid men of Southampton took from our men of Marlborough against their liberties which they have by charter of King John, our father, and by our charter, as they asserted; at length by our licence it is covenanted between them on this wise, that all our men of Marlborough, who are in the gild merchant of Marlborough and will establish the same, be quit for ever of all custom and all manner of toll in the town of Southampton and in all the appurtenances thereof, whereof the men of Southampton within their liberty can acquit the said men of Marlborough, notwithstanding that the charter of the same men of Southampton is prior to the charters of the aforesaid men of Marlborough;[174] and in like manner that the men of Southampton be quit of all custom and toll in the town of Marlborough. We, therefore, willing that the aforesaid covenant be firm and stable for ever, grant and confirm it for us and our heirs. Witnesses:—Richard, count of Poitou and earl of Cornwall, our brother, etc., as above [17 June, Westminster].

9. Enforcement of Charter Granting Freedom From Toll Throughout the Realm [Chancery Files], 1416.

Henry by the grace of God King of England and France and Lord of Ireland to John Kerde of Ware Toller, greeting. Whereas among the rest of the liberties and quittances granted to our beloved citizens of our city of London by charters of our progenitors, sometime Kings of England, which we have confirmed by our charter with the clause "licet,"[175] it is granted to the same that they and their successors, citizens of the same city, be quit for ever of pavage, pontage, murage,[176] toll and[Pg 127] lastage [177] throughout the whole of our realm and the whole of our land and power, as is more fully contained in the charters and confirmation aforesaid: We command you, as we have commanded before, that you permit Thomas Sabarn, citizen of the city aforesaid, as it is said, to be quit of such pavage, pontage, murage, toll and lastage, according to the tenour of the charters and confirmation aforesaid, not molesting or aggrieving him in aught contrary to the tenour of the same, or that you signify to us the cause wherefore you have not obeyed our command before directed to you thereon. Witness myself at Westminster, 25 March in the 4th year of our reign.

I certify to you that I have permitted and will hereafter permit Thomas Sabarn withinwritten to be quit of pavage, pontage, murage, toll and lastage, as is commanded me by this writ, and have not molested or aggrieved him on the same accounts, and will not molest or aggrieve him hereafter.

10. Licence for an Alien To Be of the Gild Merchant Of London [Charter Roll, 37 Henry III, m. 21], 1252.

The King to archbishops, etc., greeting. Know ye that we have granted and by this our charter confirmed to Deutayutus Willelmi, merchant of Florence, that he and his heirs for ever may have this liberty, to wit, that in any tallage to be assessed on the community of our city of London by our command they be not tallaged at more than one mark of silver, and that they, with their own household, may buy, sell and traffic without unlawful gain as freely and quietly throughout the whole of our power as any of our citizens of London; and that the same Deutayutus and his heirs be in the gild merchant of the same city and have all other liberties and free customs, as well within the said city as without, which the same citizens have or shall have or obtain hereafter. Wherefore we will and straitly command for us and our heirs that the aforesaid Deutayutus and his heirs have all the liberties, free customs and quittances aforesaid for ever, as is aforesaid. These witnesses:—Geoffrey de Lezinan, our brother, Peter de[Pg 128] Sabaudia, John de Grey, John de Lessinton, Peter Chaceporc, archdeacon of Wells, Master W. de Kilkenny, archdeacon of Coventry, Artald de Sancto Romano, Robert de Muscegros, Robert Wallerand, Stephen Bauzan, Robert le Norreys, Ralph de Bakepuz, Imbert Pugeys and others. Given by our hand at Windsor, 3 November.[178]

11. Dispute Between the Merchant Gild and the Abbot Of Bury St. Edmunds [B.M. Add. MSS. 17391, ff. 61-65], 1304.

Pleas at the town of St. Edmund before William de Bereford, W. Howard and W. de Carleton, appointed justices of the lord the King, on Tuesday next after the feast of St. Lucy the Virgin [179] in the thirty-third year of the reign of King Edward son of King Henry.

Nicholas Fouk and others by conspiracy premeditated among them at the town aforesaid, and by oath taken among them, making unlawful assemblies of their own authority on Monday next after the feast of the Nativity of the Blessed Virgin Mary in the thirtieth year of the lord the King that now is,[180] ordained and decreed that none should remain among them in the said town having chattels worth 20s. who would not pay them 2s. 1d., which payment they call among themselves hansing-silver, which money they took on that pretext respectively from Reynold del Blackhouse and Robert the Carpenter, men dwelling in the town aforesaid, and also beyond this 12d. of gersom from each of the said Reynold and Robert. And likewise ... they decreed among themselves that every man of the same town having chattels to the value of 10 marks should pay them 46s. 8d., which by that authority they took from Robert Scot, a man dwelling in the aforesaid town. And also the same day and year they decreed among themselves that no man should stay in the aforesaid town be[Pg 129]yond a year and a day without being distrained to take oath to maintain their aforesaid assemblies and ordinances....

The aforesaid Nicholas Fouk and others readily acknowledge that the Abbot is lord of the whole town aforesaid, and ought to appoint his bailiffs to hold his court in the same town. But as for the conspiracy aforesaid, etc., they make stout defence that they are not guilty of the aforesaid conspiracy, etc. And as for the Abbot's charge against them that they have made unlawful assemblies in the aforesaid town, decreeing and ordaining that every man dwelling in the same town having chattels to the value of 20s., etc. as above, they say that the aforesaid Abbot makes plaint unjustly, for they say that they have an alderman and a gild merchant in the aforesaid town and are free burgesses, etc., rendering judgments by their alderman of pleas pleaded in the court of the same abbot before his bailiffs in the town aforesaid. And that without any trespasses or unlawful assemblies they meet at their Gildhall in the same town, as often as need be, to treat of the common profit and advantage of the men and burgesses of the aforesaid town, as is quite lawful for them. And that they and their ancestors and predecessors, burgesses, etc., have used such a custom from time whereof no memory is, to wit, of taking 2s. 1d. from every man dwelling in the aforesaid town, being in the tithing of the Abbot of the place aforesaid, having chattels to the value of 20s., that he may trade among them and enjoy their market customs in the same town, and likewise of receiving 46s. 8d. from every man of the town aforesaid having chattels to the value of 10 marks to keep [181] their gild merchant. And that there is the following custom among them beyond this, to wit, that twelve burgesses of the aforesaid town have been accustomed to elect four men of the same town yearly to keep their gild merchant, each of whom shall have chattels to the value of 10 marks. Which four men so elected have been accustomed to be forewarned by two burgesses of the gild aforesaid, who are called les Dyes, to keep their gild aforesaid; and the same men so elected have been accustomed to find pledges before the alderman and burgesses in the Gildhall aforesaid to keep the gild aforesaid, or that each of them would pay 46s. 8d., who should refuse to keep that gild. And for the doing hereof the alderman and burgesses in[Pg 130] the town aforesaid have been accustomed to distrain every man in the same town having chattels to the value of 10 marks, wishing to trade among them and to enjoy their market customs. And thus then each of the aforesaid four men so elected should enjoy burgess-ship among them and their custom hereafter, and the burgesses of the aforesaid town in form aforesaid have been used to receive 2s. 1d., etc. And this they are ready to verify, whereof they crave judgment, etc....

The jurors say, etc. that ... the Abbot must answer whether the aforesaid Nicholas Fouke and others have a gild merchant in the aforesaid town or not, etc. The abbot says that they have not a gild merchant nor cognisances of pleas pertaining to a gild merchant, nor a commonalty nor a common seal nor a mayor; but they hold a gild at the feast of the Nativity of St. John the Baptist in a certain place to feast and drink together, there holding their unlawful assemblies and taking from every man dwelling in the said town the aforesaid 2s. 1d. and also 46s. 8d., levying such money from the men aforesaid, that the payers thereof may be of their fellowship, by distraints made upon them; and he does not deny that the ancestors of the aforesaid Nicholas and others have been long accustomed to receive such extortions of 2s. 1d. and 46s. 8d., but against the Law Merchant and against the will of the aforesaid payers and against the peace, etc., and beyond the amount of a third part of their goods; and by such extortions and ransoms they claim to make burgesses within his liberty and lordship, which there pertains to the Abbot himself and to no other to be done, etc.

A day is given.... It is awarded that the aforesaid Abbot [recover] his damages of 199l. 13s. 4d. against the aforesaid Nicholas and others.... And let the same Nicholas and others be committed to gaol, etc. Afterwards the aforesaid Nicholas and others came and made fine, etc. And let certain others in the dispute be imprisoned for a month owing to their poverty, etc. And the aforesaid Nicholas and others came before the justices and satisfied the lord Abbot, etc.; therefore let them be delivered from prison, etc.

12. Complaints of the Men of Leicester Against The Lord [Inquisitions Miscellaneous, 87, No. 46], 1322.

Inquisition taken at Leicester on Saturday next after the feast of St. Barnabas the Apostle [182] in the 15th year of the reign of King Edward, son of King Edward, before Roger Beler, guardian of the castles, lands and tenements of Thomas, late earl of Lancaster,[183] and other enemies and rebels of the lord the King in the County of Leicester, in the hand of the lord the King by their forfeiture, by the oath of William le Palmere of Leicester.[184]....

Who say on their oath that in the time of Edmund, late earl of Leicester, uncle of the lord the King that now is, while he had the lordship of the town aforesaid, the men of the same town who were in the gild of the same town gave nothing for the retailing or sale of cloth or other merchandise, but in the time of Thomas, late earl of Leicester, by distraints of farmers[185] and extortions they were compelled to make heavy fines yearly.

Further, in the time of the aforesaid Edmund, the fullers dwelling in the same town gave nothing to any man for exercising that craft, but in the time of Thomas they were compelled to pay 40s. a year, so that the aforesaid farmers would not permit other fullers to come into the same town, whereby none remains in the same town save one only, and he is poor.

Further, in the time of Edmund, the butchers of the same town used to give nothing to any man for exercising their trade, but in the time of Thomas they were compelled to give 10s. a year to the farmers.

Further, in the time of Edmund, for four days at Christmas no court of pleas of the Portmanmoot used to be holden, but in the time of Thomas by extortions and distraints the farmers [185] used to compel those who owed to others any debt, upon plaint made against them, to pay their debts within the aforesaid four days, or to imprison their bodies until they should have paid.

In the time of Edmund vendors of oatmeal sold their meal, giving nothing to any man except toll; in the time of[Pg 132] Thomas they were not permitted to sell the aforesaid meal except by great measures, and then the beadles of the farmers of the same town took by extortion from the buyers a great quantity for measuring it, and to have that profit the said beadles gave to the farmers 40s. a year.

Further, in the time of Edmund, the farmers of the demesne lands of the same Edmund used to have the dung found in the four high roads and not elsewhere in the lanes; in the time of Thomas, by force and might they collected and took the dung in all the lanes, against the will of the burgesses.

Further, in the time of Edmund, from payers of toll the farmers used to take nothing by way of a double toll, and that by view of any of the jurors of the same town; in the time of Thomas the farmers took from payers of toll the heaviest ransoms at their will, exceeding the value of the thing whereon the toll was so paid, and often more than the true value.

Further, in the time of Edmund, the porters of the castle of the town of Leicester meddled not in the town of Leicester with the making of any attachments, except with a bailiff of the same town; in the time of Thomas, by force and might they made attachments and other executions without any bailiff of the town, and wrought great wrongs in the said town, whereby the burgesses suffered great grievances.

In the time of Edmund, if any burgess were impleaded in the court of the castle, the mayor and bailiffs of the same town used to claim their court and freely have it at the Portmanmoot; in the time of Thomas the farmers refused to admit their claims or to grant their court, but compelled burgesses to answer there by various and heavy distraints.

Further, in the time of Edmund, buyers of wool used to hire carts to carry their wool at their will; in the time of Thomas they were compelled to give to the farmers 1d. on each sack and could hire carts only at the will of the said farmers.

Further, in the time of Edmund, the foresters of "le Fruth" used not to make attachments in the town of Leicester nor meddle there for any trespasses of dry wood committed; in the time of Thomas, by extortion, force and might, they made attachments both upon those who bought at their doors from poor women carrying dry sticks on their heads, and upon others, and caused the buyers to be amerced at the court of "le Hethilegh."[Pg 133]

In the time of Edmund, the brewers of the same town used to be amerced once a year according to the measure of their guilt and at the rate of 6d. or 12d. at most; in the time of Thomas, the farmers levied from the same by extortions and heavy ransoms at their will from one half a mark and from another 10s., which they call farms of "Cannemol."

Further, in the time of Edmund, the weavers of the same town used to give nothing to any man for exercising their trade; in the time of Thomas the said farmers took by extortion from every weaver 40d. for permission to work in broad cloth.

Further, in the time of Edmund the vendors of salt herrings and fish could sell such their merchandise by themselves and their servants (servos) with their own hands, giving nothing of their own except toll; in the time of Thomas they were not permitted to sell their merchandise, but the ministers of the farmers deputed hereto sold the same and took great sums of money by extortion.

Further, in the time of Edmund, retailers of cloth selling in their windows used not to be amerced except by view of jurors of the same town and once a year at 12d.; in the time of Thomas they were compelled by heavy extortions to make fines at his will.

13. Grant of Pavage To the Lord of a Town [Patent Roll, 2 Edward III, p. 1, m. 5], 1328.

The King to the venerable father in Christ H. by the same grace bishop of Lincoln, greeting. Know ye that we have granted to you, in aid of paving your town of Newark, that from the day of the making of these presents to the end of three years completed next following you take in the same town, by those whom you shall think fit to depute hereto and for whom you will be answerable, the underwritten customs on things for sale coming to the same town, to wit, on each quarter of corn for sale ¼d., on each horse and mare for sale ½d., on each hide of horse and mare, ox and cow, fresh, salted and tanned, for sale, ¼d., on each cart carrying meat, salted or fresh, for sale, 1½d., on 5 bacons for sale ½d., on each salmon,[Pg 134] fresh or salt, for sale, ¼d., on each 100 mackerel for sale ½d., on each lamprey for sale ½d., on 10 sheep, goats or swine for sale 1d., on 10 fleeces for sale ½d., on each 100 woolfells of sheep, goats, stags, hinds, bucks and does for sale 1d., on each 100 fells of lambs, kids, hares, rabbits, foxes, cats and squirrels ½d., on each cart-load of sea-fish for sale 2d., on each horse-load of sea-fish for sale ½d., on each truss of cloths brought by cart 3d., on each horse-load of cloth for sale or other diverse and minute things for sale coming to the same town ½d., on each cart-load of iron for sale 1d., on each 100 of steel for sale ¼d., on each cart-load of tin for sale ½d., on each quarter of woad 2d., on each tun of wine for sale 2d., on each sack of wool for sale 2d., on each horse-load of wool 1d., on each horse-load of apples, pears or nuts for sale ¼d., on each 100 of linen web and canvas for sale ½d., on each 100 of linen for sale ¼d., on each new cart for sale ¼d., on each cart laden with timber for sale ½d., on each 1000 laths 1½d., on each 100 stockfish and Aberdeen fish ½d., on each cart laden with hay or grass for sale ¼d., on each cart carrying rushes for sale 1d., on each cart-load of heath for sale ½d., on each truss of chalons [186] for sale ½d., on each horse-load of glass (verro) ½d., on each horse-load of garlic for sale ½d., on each 1000 herrings for sale ¼d., on each 100 boards for sale 1d., on each cart-load of faggots for sale ¼d., on each quarter of salt for sale ¼d., on each dozen horse-loads of coals for sale ½d., on each cart-load of coals for sale ½d., on each cart-load of brushwood for sale ½d., on each horse-load of brushwood for sale by the week ¼d., on each 1000 nails for house gables (ad cumilum domus) for sale ¼d., on each 100 horse shoes for horses and clout-nails for carts ½d., on 2000 of all manner of nails for sale except nails for carts and house gables ¼d., on each truss of every kind of ware for sale coming to the same town and exceeding the value of 2s., ¼d. And therefore we command you that you take the customs aforesaid until the end of the said three years in the form aforesaid, and that after the term of the said three years be complete the said customs wholly cease and be annulled. In witness whereof, etc., to endure for the aforesaid three years. Witness the King at Northampton, 8 May.

14. Misappropriation of the Tolls Levied for Pavage [Fine Roll, 10 Edward III, m. 22], 1336.

The King to his beloved and faithful John de Mounteny, Nicholas de Beaulu, Robert Scuffyn, and William de Merston, greeting. Know ye that whereas on the 8th day of May in the second year of our reign by our letters patent we granted unto the venerable father Henry, bishop of Lincoln, that he should have in the town of Newark pavage for the term of three years next following, and afterwards, wishing to do further grace to the same bishop in this behalf, we granted unto him that from the end of the term aforesaid he should take in the town aforesaid such pavage until the end of four years then next following, the collection of which pavage amounts to no small sum, as it is said; and we have received a petition shown before us and our council, containing that the collectors of the pavage aforesaid in the time aforesaid have detained by them the money which they have collected from that pavage by virtue of the grants aforesaid, and still detain the same, converting it to other uses than to the repair and amendment of that town, as would be fitting, to the deception of us and contrary to the form of the grants aforesaid: We, wishing to apply a remedy in this behalf, as well for us as for the safety of the town aforesaid in times to come, as we are bound, have appointed you, three and two of you, to survey all works, if any have been done by the collectors aforesaid from such money levied and collected during the time of the grants aforesaid in the same town, and to enquire, if need be, of the names of the collectors aforesaid, and to cause those collectors to come before you, three or two of you, and to hear and determine finally the account of all the same collectors of all their receipts from the time aforesaid for such cause, and to distrain the same collectors to apply without delay in such repair all money levied on account of the premises and not applied in the repair aforesaid, and to appoint and depute certain fit collectors of the pavage aforesaid in the town aforesaid of the same town, to collect and levy the money there and to apply the same in the repair and amendment of the pavage aforesaid in times to come, as you shall deem best to be done according to your discretions for our advantage and the safety of the town aforesaid. And therefore we command you that at certain days which you, three or two of you, shall provide herefor, you hear and determine[Pg 136] the account aforesaid, and do and accomplish all and singular the premises in the form aforesaid; for we have commanded our sheriff of Nottingham that at certain days which you, three or two of you, shall cause him to know, he cause to come before you, three or two of you, the collectors aforesaid, and as many and such good and lawful men of his bailiwick by whom the truth of the matter in the premises may the better be known and enquired of. In witness whereof, etc. Witness the King at Walsingham, 15 February. By petition of the Council.

15. Ordinances of the White Tawyers of London [Guildhall Letter-Book F, f. 126], 1346.

In honour of God, of Our Lady, and of all Saints, and for the nurture of tranquillity and peace among the good folks the Megucers, called "Whittawyers," the folks of the same trade have, by assent of Richard Lacer, Mayor, and of the Aldermen, ordained the points underwritten.

In the first place, they have ordained that they will find a wax candle, to burn before Our Lady in the Church of All Hallows near London Wall. Also, that each person of the said trade shall put in the box such sum as he shall think fit, in aid of maintaining the said candle.

Also, if by chance any one of the said trade shall fall into poverty, whether through old age, or because he cannot labour or work, and have nothing with which to help himself; he shall have every week from the said box 7d. for his support if he be a man of good repute. And after his decease, if he have a wife, a woman of good repute, she shall have weekly for her support 7d. from the said box, so long as she shall behave herself well, and keep single.

And that no stranger shall work in the said trade, or keep house [for the same] in the city, if he be not an apprentice, or a man admitted to the franchise of the said city.

And that no one shall take the serving man of another to work with him, during his term, unless it be with the permission of his master.

And if any one of the said trade shall have work in his house that he cannot complete, or if for want of assistance such work shall be in danger of being lost, those of the said trade shall aid him, that so the said work be not lost.[Pg 137]

And if any one of the said trade shall depart this life, and have not wherewithal to be buried, he shall be buried at the expense of their common box; and when any one of the said trade shall die, all those of the said trade shall go to the Vigil, and make offering on the morrow.

And if any serving-man shall conduct himself in any other manner than properly towards his master, and act rebelliously towards him, no one of the said trade shall set him to work, until he shall have made amends before the Mayor and Aldermen; and before them such misprision shall be redressed.

And that no one of the said trade shall behave himself the more thoughtlessly, in the way of speaking or acting amiss, by reason of the points aforesaid; and if any one shall do to the contrary thereof, he shall not follow the said trade until he shall have reasonably made amends.

And if any one of the said trade shall do to the contrary of any point of the Ordinances aforesaid, and be convicted thereof by good men of the said trade, he shall pay to the Chamber of the Guildhall of London, the first time 2s., the second time 40d., the third time half a mark, and the fourth time 10s., and shall forswear the trade.

Also, that the good folks of the same trade shall once in the year be assembled in a certain place, convenient thereto, there to choose two men of the most loyal and befitting of the said trade, to be overseers of work and all other things touching the trade, for that year, which persons shall be presented to the Mayor and Aldermen for the time being, and sworn before them diligently to enquire and make search, and loyally to present to the said Mayor and Aldermen such defaults as they shall find touching the said trade without sparing any one for friendship or for hatred, or in any other manner. And if any one of the said trade shall be found rebellious against the said overseers, so as not to let them properly make their search and assay, as they ought to do; or if he shall absent himself from the meeting aforesaid, without reasonable cause, after due warning by the said overseers, he shall pay to the Chamber, upon the first default, 40d.; and on the second like default, half a mark; and on the third, one mark; and on the fourth, 20s. and shall forswear the trade for ever.

Also, that if the overseers shall be found lax and negligent about their duty, or partial to any person, for gift or for friend[Pg 138]ship, maintaining him, or voluntarily permitting him [to continue] in his default, and shall not present him to the Mayor and Aldermen, as before stated, they are to incur the penalty aforesaid.

Also, that each year, at such assemblies of the good folks of the said trade, there shall be chosen overseers, as before stated. And if it shall be found that through laxity or negligence of the said governors such assemblies are not held, each of the said overseers is to incur the said penalty.

Also, that all skins falsely and deceitfully wrought in their trade, which the said overseers shall find on sale in the hands of any person, citizen or foreigner, within the franchise, shall be forfeited to the said Chamber, and the worker thereof amerced in manner aforesaid.

Also, that no one who has not been an apprentice, and has not finished his term of apprenticeship in the said trade shall be made free of the same trade; unless it be attested by the overseers for the time being or by four persons of the said trade, that such person is able, and sufficiently skilled to be made free of the same.

Also, that no one of the said trade shall induce the servant of another to work with him in the same trade, until he has made a proper fine with his first master, at the discretion of the said overseers, or of four reputable men of the said trade. And if any one shall do to the contrary thereof, or receive the serving workman of another to work with him during his term, without leave of the trade, he is to incur the said penalty.

Also, that no one shall take for working in the said trade more than they were wont heretofore, on the pain aforesaid, that is to say, for the dyker[187] of Scottes stagges, half a mark; the dyker of Yrysshe, half a mark; the dyker of Spanysshe stagges 10s.; for the hundred of gotesfelles, 20s.; the hundred of rolether, 16s.; for the hundred skins of hyndescalves, 8s.; and for the hundred of kiddefelles, 8s.[188]

16. Dispute Between the Master Saddlers of London and Their Journeymen [Guildhall, Letter-Book II, f. 309], 1396.

Whereas there had arisen no small dissension and strife between the masters of the trade of Saddlers of London, and[Pg 139] the serving-men, called yomen, in that trade; because that the serving-men aforesaid against the consent, and without leave of their masters, were wont to array themselves all in a new and like suit once in the year, and often times held divers meetings, at Stratford and elsewhere without the liberty of the said city, as well as in divers places within the city; whereby many inconveniences and perils ensued to the trade aforesaid; and also, very many losses might happen thereto in future times, unless some quick and speedy remedy should by the rulers of the said city be found for the same; therefore the masters of the said trade on the 10th day of the month of July, in the 20th year, etc., made grievous complaint thereon to the excellent men, William More, Mayor, and the Aldermen of the City aforesaid, urgently entreating that, for the reasons before mentioned, they would deign to send for Gilbert Dustone, William Gylowe, John Clay, John Hiltone, William Berigge, and Nicholas Mason, the then governors of the serving-men aforesaid; to appear before them on the 12th day of July then next ensuing.

And thereupon, on the same 10th day of July, precept was given to John Parker, serjeant of the Chamber, to give notice to the same persons to be here on the said 12th day of July, etc. Which Governors of the serving-men appeared, and, being interrogated as to the matters aforesaid, they said that time out of mind the serving-men of the said trade had had a certain Fraternity among themselves, and had been wont to array themselves all in like suit once in the year, and, after meeting together at Stratford, on the Feast of the Assumption of the Blessed Virgin Mary [189] to come from thence to the Church of St. Vedast, in London, there to hear Mass on the same day, in honour of the said glorious Virgin.

But the said masters of the trade asserted to the contrary of all this, and said that the fraternity, and the being so arrayed in like suit among the serving-men, dated from only thirteen years back, and even then had been discontinued of late years; and that under a certain feigned colour of sanctity, many of the serving-men in the trade had influenced the journeymen among them and had formed covins thereon, with the object of raising their wages greatly in excess; to such an extent, namely, that whereas a master in the said[Pg 140] trade could before have had a serving-man or journeyman for 40 shillings or 5 marks yearly, and his board, now such a man would not agree with his master for less than 10 or 12 marks or even 10 pounds, yearly; to the great deterioration of the trade.[190]

And further, that the serving-men aforesaid according to an ordinance made among themselves, would oftentimes cause the journeymen of the said masters to be summoned by a beadle, thereunto appointed, to attend at Vigils of the dead, who were members of the said Fraternity, and at making offering for them on the morrow, under a certain penalty to be levied; whereby the said masters were very greatly aggrieved, and were injured through such absenting of themselves by the journeymen, so leaving their labours and duties against their wish.

For amending and allaying the which grievances and dissensions, the Mayor and Aldermen commanded that six of the said serving-men should attend in the name of the whole of the alleged Fraternity, and communicate with six or eight of the master saddlers aforesaid, etc., both parties to be here, before the said Mayor and Aldermen on the 19th day of July then next ensuing to make report to the Court as to such agreement between them as aforesaid. And further, the Mayor and Aldermen strictly forbade the said serving-men in any manner to hold any meeting thereafter at Stratford aforesaid, or elsewhere without the liberty of the said city on pain of forfeiture of all that unto our Lord the King and to the said city they might forfeit.

On which 19th day of July, came here as well the masters aforesaid as the governors of the serving-men; and presented to the Mayor and Aldermen a certain petition, in these words: "Gilbert Dustone, William Gylowe, John Clay, John Hiltone, William Berigge, and Nicholas Mason, do speak on behalf of all their Fraternity and do beg of the Wardens of the Saddlers that they may have and use all the points which heretofore they have used."

Which petition having been read and heard, and divers reasons by the said masters unto the Mayor and Aldermen shown, it was determined that the serving-men in the trade aforesaid should in future be under the governance and rule[Pg 141] of the masters of such trade; the same as the serving-men in other trades in the same city are wont, and of right are bound to be; and that in future they should have no fraternity, meetings, or covins, or other unlawful things under a penalty, etc. And that the said masters must properly treat and govern their serving-men in the trade in such manner as the serving-men in like trades in the city have been wont to be properly treated and governed. And that if any serving-men should in future wish to make complaint to the Mayor and Aldermen, for the time being, as to any grievance unduly inflicted upon him by the masters aforesaid, such Mayor and Aldermen would give to him his due and speedy meed of justice as to the same.[191]

17. Ordinances of the Dyers of Bristol [Patent Roll, 13 Henry IV, p. 2, m. 31], 1407.

These are the petition, ordinances and articles, which are granted and confirmed to the masters, burgesses of the craft of dyeing of the town of Bristol ... by the assent and advice of the whole Common Council ... holden in the Gildhall of Bristol ... the 8th year of the reign of King Henry the Fourth after the Conquest, to endure for ever, as well for the honour of the town of Bristol as for the profit and amendment of the said craft; the tenour of which petition and ordinances follows hereafter:

To the honourable and discreet Sirs, the Mayor, Sheriff and Bailiffs of the town of Bristol, and to all the honourable folk of the Common Council, the said masters make supplication: Whereas certain persons of the said town of divers crafts, not cunning in the craft of dyeing, who were never apprentices nor masters of the said craft, take upon them divers charges and bargains to dye cloths and wools of many folk of the same town and the country round, which cloths and wools have been divers times ill dressed and worked through their ignorance and lack of knowledge, to the great damage of the owners and scandal of the whole craft aforesaid and of the drapery of the same town; whereupon, most wise Sirs, please it your special grace to grant to the said suppliants the ordinances underwritten, to put out and bring to nought all deceits and damages[Pg 142] which could hereafter befal within the craft aforesaid, and this for God and as a work of charity.

First, be it ordained and assented that each year two masters of the said craft be elected by the common assent of all the masters of the same craft in the town of Bristol, and their names presented to the Mayor of Bristol in full court of the Gildhall of the same town, and there to be sworn on the Holy Gospels within the quinzaine of Michaelmas at the latest to survey well and lawfully all manner of defects which shall be made henceforward as well in dyed cloths as in wools put in woad within the franchise of Bristol. And if any damage is done to any person through defect of dyeing by any man or woman of the said craft, that then he shall pay sufficient amends to the parties damaged according to the discretion of the said two masters and of four other indifferent persons elected by the Mayor and his Council, as the trespass demands. And if it so be that any man or woman will not abide by the ordinance and award of the said two masters and other indifferent persons elected by the Mayor as before is said, that then the Mayor and his council for the time being shall cause them to be compelled to pay and satisfy the said persons so damaged of all that is adjudged by them. And in case that the said two masters after their oath made be negligent in executing their office touching their said mistery, that they be punished and amerced according to the advice of the Mayor and of the court aforesaid so the use of the chamber and to the common profit as is aforesaid.

Further, that no servant or apprentice of the said mistery be henceforth admitted to the liberties of Bristol to be a burgess sworn to exercise the said mistery until it be testified to the court before the Mayor of Bristol by the said two masters that they are able and well learned in the said craft of dyeing, to save and keep the goods of the good folk who are wont to be served for their money in the exercise of the mistery aforesaid. And if any master of the said mistery make any such servant or apprentice, if he be not able and well learned in the said craft, as before is said, he shall incur the penalty of 20s. for each time, to wit, to the use and profit of the commonalty, as before is said, 13s. 4d., and to the masters for their light, 6s. 8d., without any pardon, provided always that the Mayor of the town of Bristol have his power and jurisdiction to accept and[Pg 143] make burgesses of each person presented to him, as has been used and accustomed before these times, these ordinances notwithstanding.

Further, forasmuch as often before these times divers folk, as well those who have not been apprentices, servants or masters of the said mistery, as other folk who are of other misteries, not cunning nor having knowledge in the aforesaid art of dyeing, have taken upon them to dye cloths and wools put in woad, as well of good folk of the town as of the country round, which, by reason of ill management and through lack of knowledge of the said folk, are greatly impaired of their colours and many other defects to the great loss and damage of the owners of the said cloths and great scandal of the town and shame of the whole craft aforesaid, whereby the masters and apprentices of the said craft of dyeing go vagrant for lack of work, because the said folk of other crafts have been occupied in their said craft, to their great mischief and undoing, therefore it is ordained and assented that henceforward no manner of man of the same craft nor any other mistery do dye any cloth or wool, unless it be presented by the said masters that he be good and able and sufficiently learned in the said craft, upon pain of paying to the Mayor and Bailiffs of the chamber for the use and common profit, as before is said, at the first default 6s. 8d., at the second default 13s. 4d., at the third default 20s., and for each default after the said three defaults 20s., without any pardon, so that the said masters have for their labour the third part arising from the said defaults for their light, provided always that all the burgesses of this town may make their profit for dyeing in their houses their own cloths, as has been used before these times, these ordinances notwithstanding.

And after the view of the said petition and ordinances aforesaid by the Mayor and Common Council, it was assented that all the masters of the said mistery of dyeing dwelling within the franchise of Bristol should come before the Mayor to hear their said ordinances and whether they would assent thereto and grant them or not. And by command of the ... Mayor, Ralph Dyer ... and many others of the mistery aforesaid came in their own persons, to whom all the said ordinances were published and declared, and every of them in the presence of the Mayor aforesaid granted and assented to all the ordinances and pains aforesaid, praying of their common assent that[Pg 144] the ordinances and pains aforesaid be ratified, confirmed and enrolled of record in the papers of the Gildhall of Bristol, and be put in due execution for ever, saving always to the jurisdiction of the Mayor and Common Council of the town of Bristol that if any ordinance or any new addition hereafter touching the mistery aforesaid which may be profitable as well for the town as for the aforesaid mistery, that then by the advice and ordinance of the Mayor of Bristol for the time being and the Council of the town and also of the masters of the said mistery, they shall be corrected and amended according to good faith and reason and put in due execution, the ordinances aforesaid notwithstanding. Provided also that the dyers abovesaid be bound by these ordinances to make the assay of woad and to work wools and cloths as well in woad as in madder of the goods of all merchants and burgesses of Bristol, taking for their labour reasonably as has been accustomed and used before these times. In witness whereof, at the special prayer and request of the said masters to keep and maintain their ordinances aforesaid, we have put hereto the seal of the office of the Mayoralty of the town of Bristol. Given in the Gildhall of the same town 17 March, 8 Henry IV.[192]

18. Incorporation of the Fraternity of the Haberdashers Of London [Patent Roll, 26 Henry VI, p. 2, m. 23], 1448.

The King to all to whom, etc., greeting. Know ye that of our especial grace and the inspiration of charity, and for the especial devotion which we bear and have towards the Blessed Virgin Catherine, we have granted and given licence for us and our heirs, as much as in us lies, to our beloved lieges, the men of the mistery of Haberdashers within our city of London, that they may begin, unite, found, create, erect and establish a gild or fraternity in honour of the same Virgin of men of the mistery aforesaid and others, and have and hold that gild or fraternity so begun, united, founded, created, erected and established, and enjoy and exercise the same to them and their successors for all future times to endure; and that they and their successors may increase and augment the same gild[Pg 145] or fraternity and hold the gild or fraternity aforesaid of the said mistery of Haberdashers and any persons whom they will receive within the fraternity aforesaid, and may elect and make four wardens from themselves as often as they shall please or need shall be for the governance, custody and rule of the said fraternity for ever, as shall best please them; and that the said wardens and their successors each year may make a livery of vesture of one suit among the brethren and sisters of the same fraternity, and their meetings and gatherings in places of our city aforesaid, and there in honest manner hold and keep their feast of food and drink at the feast of St. Catherine the Virgin, and make ordinances among themselves as often as they shall please and as they shall deem most necessary and opportune, and ordain and rule their mistery and correct and amend defects of their servants by view of the Mayor of the city aforesaid for the time being or of any person whom he shall depute hereto in his place, as they shall deem fit to be done for the greater utility of the commonalty of our people; and that none within the liberty of the city aforesaid keep a shop or house of that mistery, unless he be of the liberty of that city, nor any be admitted to the liberty of the said city in the same mistery, unless he be presented by the aforesaid wardens or their successors and by four other good and lawful men of the same mistery, and it be testified to the Mayor of our said city for the time being that he is good, faithful and fit for the same. And further of our more abundant grace and at the supplication of our said lieges, the men of the mistery aforesaid, we will and grant for us and our heirs, as much as in us lies, that the same wardens and their successors be perpetual and capable and the said fraternity be by itself a solid and perpetual and corporate fraternity, and that that fraternity be hereafter named the fraternity of St. Catherine the Virgin of Haberdashers in the city of London, and the said wardens and their successors [the wardens] of the fraternity of St. Catherine the Virgin of Haberdashers in the city of London, and we incorporate the said wardens and their successors and the fraternity aforesaid to endure for ever, and we make them as it were one body and declare, accept and approve them for one body and hold them for one body. We have granted also for us and our heirs, as far as in us lies, to the aforesaid wardens, that they and their successors,[Pg 146] by the name of the wardens of the fraternity of St. Catherine the Virgin of Haberdashers in the city of London, may acquire to them and their successors in fee and perpetuity lands, tenements, rents, annuities and other possessions as well of those which are held of us in free burgage as others, provided that by inquisitions to be taken thereon in due form and returned into the Chancery of us and our heirs it be found that it can be done without damage or prejudice to us or our heirs or others whomsoever, and that they may have a common seal and be impleaded and implead others by the name of the wardens of the fraternity of St. Catherine the Virgin of Haberdashers in the city of London for ever before any judges in any courts, and that they may have and hold to them and their successors all lands and tenements, rents, annuities and other possessions whatsoever acquired by the aforesaid wardens and their successors, and enjoy the same for ever without obstacle, impeachment or hindrance of us or our heirs, our justices, escheators, sheriffs or other bailiffs or ministers of us or our heirs whomsoever, the Statute published touching lands and tenements not to be put in Mortmain, or any other Statute or ordinance made to the contrary, notwithstanding. And further of our more abundant grace we have granted for us and our heirs to our aforesaid lieges and wardens and their successors aforesaid for ever that the same wardens and their successors, wardens of the fraternity aforesaid for the time being, have and make full search as well in and of the mistery of Haberdashers and of every thing touching it, as of all goods and things in any wise belonging to or incumbent on the craft of Haberdashers aforesaid brought or hereafter to be brought by any alien or any aliens from parts remote into our realm of England, when they or any of them shall bring the same to the same our city or the suburbs thereof or within three miles distant round about the said city, and also of each such alien and of such misteries and things which they, our privileged lieges, use or have used before these times, and may present all defects in that behalf found by them as well upon our said lieges as upon aliens, according to their discretions, to the Mayor of our city aforesaid for the time being or his deputy in this behalf, if need be, and correct and reform the same by his survey. And further we will and by these our letters we grant to our aforesaid lieges, the men of the mistery afore[Pg 147]said, that no officer, minister, artificer, merchant or any other whosoever hereafter search or presume to search in any wise any our privileged liege employing the craft aforesaid nor his goods of haberdashery, save only the four wardens of the craft aforesaid for the time being; so that it be not to the prejudice of the Mayor of our city of London. In witness, etc. Witness the King at Westminster the 3rd day of June. By the King himself and of the said date, etc.

This indenture made between John Gibbs of Penzance in the county of Cornwall of the one part and John Goffe, Spaniard, of the other part, witnesses that the aforesaid John Goffe has put himself to the aforesaid John Gibbs to learn the craft of fishing, and to stay with him as apprentice and to serve from the feast of Philip and James [193] next to come after the date of these presents until the end of eight years then next ensuing and fully complete; throughout which term the aforesaid John Goffe shall well and faithfully serve the aforesaid John Gibbs and Agnes his wife as his masters and lords, shall keep their secrets, shall everywhere willingly do their lawful and honourable commands, shall do his masters no injury nor see injury done to them by others, but prevent the same as far as he can, shall not waste his master's goods nor lend them to any man without his special command. And the aforesaid John Gibbs and Agnes his wife shall teach, train and inform or cause the aforesaid John Goffe, their apprentice, to be informed in the craft of fishing in the best way they know, chastising him duly and finding for the same John, their apprentice, food, clothing linen and woollen, and shoes, sufficiently, as befits such an apprentice to be found, during the term aforesaid. And at the end of the term aforesaid the aforesaid John Goffe shall have of the aforesaid John Gibbs and Agnes his wife 20s. sterling without any fraud. In witness whereof the parties aforesaid have interchangeably set their seals to the parts of this indenture. These witnesses:—Richard Bascawen, Robert Martyn and Robert Cosyn and many others. Given at Penzance, 1 April in the 37th year of[Pg 148] the reign of King Henry the Sixth after the Conquest of England.

20. A Runaway Apprentice [Early Chancery Proceedings, File 6, No. 7], c. 1425.

To the most reverend father in God and his most gracious lord, the bishop of Winchester, chancellor of England.

Beseecheth meekly William Beverley of London that whereas William Batyngham has been arrested and detained in prison in Salisbury at the suit of the said beseecher, for that he was his apprentice and departed from his service here in London, and has been the whole time since ... wandering in divers towns, as in Winchester, Bristol and elsewhere, so that the said beseecher could not find him until now of late suddenly, and so it is that upon the matter abovesaid his said suit cannot be determined in Salisbury, for that the retaining and departing did not take place within the said town: Please it your most gracious discretion to grant to the said beseecher a writ directed to the mayor, bailiffs and keeper of the gaol there and to each of them to have the body of the said William Batyngham with such a clause "by whatsoever name he be known," before you at a certain day to be limited by you, considering that he has no other remedy, and that for God and in work of charity.[194]

21. Incorporation of a Gild for Religious and Charitable Uses [Patent Roll, 25 Henry VI, p. 2, m. 5], 1447.

The King to all to whom, etc., greeting. Know ye that of our especial grace and out of reverence for the Holy Trinity we have granted and given licence for us and our heirs, as much as in us lies, to Ralph, lord of Cromwell, and Thomas Thurland that they and one of them, to the praise and honour of the Holy Trinity, may begin, found, erect, unite, create and establish a fraternity or gild perpetual in the church of St. Mary of Nottingham of an alderman and two wardens and brethren and sisters of the parishioners of the same church and others who of their devotion shall wish to be of the same[Pg 149] fraternity or gild, to endure for perpetual times to come; and that the said alderman and wardens and brethren and sisters of the fraternity or gild aforesaid, when it shall be thus begun, founded, erected, united, created and established, and their successors, be in fact and name one body and one perpetual commonalty, and have perpetual succession and a common seal to serve for the affairs of that fraternity or gild, and be persons able and capable in law to purchase to them and their successors in fee and perpetuity lands and tenements, rents and other possessions whatsoever of persons whomsoever; and that the same alderman and wardens and brethren and sisters and their successors for ever, by the name of the alderman and wardens and brethren and sisters of the fraternity or gild of the Holy Trinity of Nottingham, may plead and be impleaded before any judges soever in any courts and actions whatsoever. And further we will and by these presents we grant that the same alderman and wardens and brethren and sisters and their successors may augment the same fraternity or gild when it shall be thus begun, founded, erected, united, created and established, and receive new brethren and sisters into the same fraternity or gild, as often and when it shall seem to them hereafter necessary and opportune; and also once a year elect and make from themselves and their successors an alderman and two wardens to support the charges of the business touching and concerning the said fraternity or gild, and to rule and govern the same fraternity or gild. And further, of our more abundant grace we have granted and given licence for us and our heirs, as far as in us lies, to the aforesaid alderman and wardens and brethren and sisters and their successors, that, when the same fraternity or gild shall be thus begun, founded, erected, united, created and established, or their successors, for the maintenance of two chaplains to celebrate divine service for the good estate of us and Margaret our consort while we shall live and for our soul when we shall have departed this life and the souls of all our progenitors deceased, and for the good estate of the brethren and sisters of the same fraternity or gild, while they shall live, and for their souls when they shall have departed this life, and the souls of all the faithful departed, in the church aforesaid, according to the ordinance of the aforesaid Ralph, lord of Cromwell, and Thomas, or one of them, or their executors[Pg 150] or assigns, to be made in this behalf, and for the relief of the poor and feeble brethren and sisters of the said fraternity or gild, they may purchase lands and tenements, rents and services, which are held of us in chief or burgage or by any other service soever or of others by any service soever, to the value of 20 marks a year beyond reprises, from any person or any persons soever willing to give or grant the same to them, without fine or fee to be taken or paid therefor to the use of us or our heirs, to have and to hold to the same alderman and wardens and brethren and sisters of the fraternity or gild abovesaid and their successors for the maintenance of the said two chaplains and for the relief of the poor and feeble aforesaid, as is said above, for ever; the Statute published touching lands and tenements not to be put in Mortmain, or any other statute or ordinance published or made to the contrary, notwithstanding; provided that it be found by inquisitions duly to be taken thereon and lawfully returned into the Chancery of us and our heirs, that it can be done without damage or prejudice to us or our heirs or others whomsoever. In witness whereof, etc. Witness the King at Bury St. Edmunds, 20 February.

By writ of privy seal, and of the date aforesaid by authority of Parliament, and for 20 marks paid in the hanaper.[Pg 151]

SECTION VI

1. Assize of Measures, 1197—2. Grant to the lord of a manor of the assize of bread and ale and other liberties, 1307—3. An offence against the assize of bread, 1316—4. Inquisition touching a proposed market and fair, 1252—5. Grant of a fair at St. Ives to the abbot of Ramsey, 1202—6. Grant of a market at St. Ives to the abbot of Ramsey, 1293—7. Proceedings in the court at the fair of St. Ives, 1288—8. The Statute of Winchester, 1285—9. The recovery of debt on a recognisance, 1293—10. Procedure at a fair pursuant to the Statute for Merchants, 1287—11. The aulnage of cloth, 1291—12. The Ordinance of Labourers, 1349—13. Presentments made before the Justices of Labourers, 1351—14. Excessive prices charged by craftsmen, 1354—15. Fines levied for excessive wages, 1351—16. Writ to enforce payment of excess of wages to the collectors of a subsidy, 1350—17. Application of fines for excessive wages to a subsidy, 1351-2—18. Labour legislation; the Statute of 12 Richard II., 1388—19. Labour legislation; a Bill in Parliament, 23 Henry VI., 1444-5—20. Organisation of the Staple, 1313—21. Arguments for the establishment of home staple towns, 1319—22. Ordinances of the Staple, 1326—23. The election of the mayor and constables of a Staple town, 1358—24. Royal letters patent over-ruled by the custom of the Staple, 1436—25. Prohibition of export of materials for making cloth, 1326—26. Commercial policy, temp. Edw. IV.—27. The perils of foreign travel, 1315—28. Grant of letters of marque and reprisals, 1447—29. Grant of liberties to the merchants of Douay, 1260—30. Aliens at a fair, 1270—31. Confirmation of liberties to the merchants of Almain, 1280—32. Alien weavers in London, 1362—33. The hosting of aliens, 1442—34. An offence against Stat. 18 Henry VI. for the hosting of aliens, 1440—35. Imprisonment of an alien craftsman, c. 1440—36. Petition against usury, 1376—37. Action upon usury, c. 1480.

The documents in this section are suggestive rather than comprehensive. No attempt has been made to illustrate the industrial[Pg 152] and commercial development of England as a whole; but its more important aspects are indicated, and the machinery of administration outlined. Down to the end of the thirteenth century industry is of local rather than of national importance, and is regulated by custom rather than by law; while there was undoubtedly considerable intercourse between town and town, the conduct of trade, the oversight of conditions of labour, and the settlement of disputes were matters for the townsmen themselves to deal with in accordance with chartered rights or intermunicipal covenants. For example, the unpaid debt of an individual burgess was exacted by the communitas burgensium to which the injured creditor belonged, from any member of the communitas burgensium to which the defaulting debtor belonged, by the method of forcible seizure of goods. Although, therefore, the state attempted to secure uniformity of weights and measures and of cloth, and to maintain the quality and cheapness of the necessaries of life in the interests of traders and consumers alike, none the less the assizes of weights and measures and of cloth (No. 1), of bread and ale (Nos. 2 and 3) and of wine, came to be regarded, as might be expected in a feudal age, as franchises to be purchased by the lord of a manor, or enforced by the elected officers of a town. The regulation of trade and industry shares the characteristic features of its environment.

The same is true of early commercial intercourse with foreign communities. The right to hold a fair is a liberty granted by the crown to a lord, and for centuries the great fairs were the chief international marts (Nos. 4-7, 30). The freedom which alien merchants enjoyed under a clause of Magna Carta was extended by charters granting privileges similar in detail to those procured by English towns (Nos. 29-31), and it is not until the reign of Edward I. that a serious attempt is made to nationalise regulation (Nos. 8-11). Thereafter conflicts arise not only between the central legislature and the local chartered body or privileged lord (No. 11), but between a growing self-conscious merchant class and the alien com[Pg 153]munities which had hitherto controlled the export and import trade of the country (Nos. 21, 22). The State assumes new responsibilities, and Parliament attempts to standardise old and enforce new regulations for the nation at large (Nos. 12, 18, 19, 25). The Statute emerges over against the Charter on the one hand and the Ordinance on the other. The difficulties of Parliament are twofold; it has to fight, first, against old concessions which would be upheld by the Courts (No. 11), and second, against the uncertain operation of the royal prerogative (No. 34). It has often been urged that the mediæval statute was little more than the expression of an ideal, and that administrative machinery was insufficient for its adequate execution. The truth is rather that Parliament was one of several competing regulative institutions, and that notwithstanding the most punctilious and inquisitorial administrative methods, its measures were neutralised by existing privileges and by fresh exemptions extracted from a chronically bankrupt and insincere monarchy. That the administration was not of itself ineffective is clear from the enforcement of the Statutes of Labourers in the fourteenth century (Nos. 12-17) and of the Statute of 18 Henry VI restricting the freedom of aliens in the fifteenth century (Nos. 33, 34). The Crown was always preoccupied with the state of the revenue; statutes are enforced or overridden, according as their operation will benefit or deplete the Exchequer. It was the experience of centuries that gave point to queen Elizabeth's affection for the prerogative. None the less great strides were made in the fourteenth and fifteenth centuries towards the end largely achieved in the Tudor period. The Elizabethan legislation sums up and rounds off the work of the previous two hundred years. The regulation of wages and of the conditions of labour (Nos. 12-19), the protection of industry, commerce and shipping, making national trade an important factor in international diplomacy (Nos. 20, 22, 25,27,28), the emergence of a native mercantile class eager to win the export trade for their own country by means of the staple (Nos. 20-24), the jealousy of the alien, growing in intensity throughout the fourteenth[Pg 154] and fifteenth centuries (Nos. 21, 33, 34, 35), the development of a home cloth manufacture competing with the best foreign products (Nos. 22, 25, 32), and the provision of remedies against the mediæval bugbear of usury (Nos. 36, 37), all assist in the gradual ripening of a national economy, the fruits of which were gathered first in the Tudor era.

The principal modern writers dealing with the subject of this section are:—Rogers, History of Agriculture and Prices; Rogers, Six Centuries of Work and Wages; Cunningham, Growth of English Industry and Commerce; Ashley, Economic History; Ashley, James van Artevelde; Cunningham, Alien Immigrants; Putnam, The Enforcement of the Statutes of Labourers; Schanz, Englische Handelspolitik gegen Ende des Mittelalters; Varenbergh, Relations diplomatiques entre le Comté de Flandre et l'Angleterre; Ochenkowski, England's Wirthschaftliche Entwickelung im Ausgange des Mittelalters; Höhlbaum, Hansisches Urkundenbuch. See also the English and American Historical Reviews.

Contemporary authorities:—Thomas Aquinas, De Usuris; Political Poems and Songs (Wright, Rolls Series); Parliament Rolls (Record Commission); Calendars of Patent, Close and Fine Rolls (Record Office Publications).

It is established that all measures of the whole of England be of the same amount, as well of corn as of vegetables and of like things, to wit, one good horse load; and that this measure be level as well in cities and boroughs as without. Also the measure of wine and ale and of all liquids shall be of the same amount according to the diversity of liquids. Weights and measures also, great and small, shall be of the same amount in the whole realm, according to the diversity of wares. Measures also of corn and liquids, wine and ale, shall have marks put thereon,[195] lest by guile they can be falsified.

It is established that woollen cloths, wherever they be made, be made of the same width, to wit, of two ells within the lists,[196] and of the same good quality in the middle and at the sides.[Pg 155] Also the ell shall be the same in the whole realm and of the same length, and the ell shall be of iron.

It is forbidden to all merchants throughout the whole of the realm that any merchant set in front of his shop red or black cloths or shields or any other thing, whereby the buyers' eyes are often deceived in the choice of good cloth.

It is also forbidden that any dye for sale, save black only, be made anywhere in the realm, except in cities or chief boroughs.

It is also established that in every city or borough four or six lawful men of the same town, according to the size of the town, together with the sheriff,[197] or with the reeves of the city or borough, if the same be not in the hand of the sheriff, be assigned to keep the assize in this form: that they see and be sure that all things are sold and bought by the same measure, and that all measures are of the same size according to the diversity of wares. And if they find any who shall be confessed or convicted of having sold by other than the established measure, his body shall be taken and sent to prison, and all his chattels shall be seized into the hand of the lord the King, nor shall he be delivered save by the lord the King or his chief justice. Touching the keepers themselves it is established that if they perform this keeping so negligently that they be convicted by others than themselves before the justices of the lord the King of transgressing any written assize either of measures or of the width of cloths, the keepers shall remain at the mercy of the lord the King touching their chattels.

It is commanded also that after the feast of the Purification of St. Mary no man in any county sell anything save by the ordained measure, which shall be [everywhere] of the same size; nor after the fair of mid-Lent at Stamford sell any cloth of smaller width than two ells within the lists.

2. Grant To the Lord of a Manor of the Assize of Bread and Ale and Other Liberties [Inquisitions ad quod damnum, 63, 16], 1307.

Nottingham.—Inquisition taken at Nottingham before William de Chelardeston, sheriff of Nottingham, on Sunday, a fortnight after Easter in the 35th year of the reign of King[Pg 156] Edward, whether the lord the King, without doing prejudice or injury to any man, can grant to his beloved and trusty Peter Pycot that he and his heirs may have for ever in his manor of Ratcliffe upon Soar, in the county of Nottingham, view of frankpledge of his men and tenants of the same manor and whatever pertains to such view, and amends of the assize of bread and ale broken by the same men and tenants, and a pillory and a tumbrel and "infangenethef"[198] and gallows for the execution of judgment, for a fixed rent thereof according to the true value of the same liberties, to be rendered each year by the hands of the sheriff of that county for the time being to the lord the King and his heirs at their Exchequer, or not, and if prejudice or injury should be done to any man by the grant aforesaid, then to whom and in what manner and how, and how much the liberties aforesaid to be possessed in the same manor can be worth yearly according to the true value of the same, by the oath of Robert Pouterel of Thrumpton.[199] ... Who say upon their oath that the lord the King, without doing prejudice or injury to any man, can grant to the aforesaid Peter Pycot that he and his heirs may have for ever in his manor of Ratcliffe upon Soar view of frankpledge.[200] ... They say further that all the liberties aforesaid in the said manor are worth 2s. a year according to the true value thereof. In witness whereof the aforesaid jurors have set their seals to this inquisition. Given at Nottingham the day and year abovesaid.

3. An Offence Against the Assize of Bread [Guildhall, Letter-Book D, f. 189], 1316.[201]

On the Saturday next before the Feast of the Invention of the Holy Cross,[202] in the 9th year of the reign of King Edward, son of King Edward, Richard de Lughteburghe was attached to make answer as to a certain false wastel [203] loaf of his. And the same Richard said that he was not a baker, and that he did not have that wastel bread baked; but that, as a regrator, he bought it of a certain baker who lives in Southwark.[Pg 157] And upon this he was charged by the Mayor and Aldermen with being in partnership with the baker aforesaid, in baking such bread, and sharing with him in the gain thereby, or loss, if such should happen: whereupon, being asked how he would acquit himself thereof, he said that he was not the partner of the said baker, nor had he any share with him; and he put himself upon the country as to the same. Therefore the country was summoned for the Tuesday next ensuing, and he was delivered into the custody of the sheriffs, etc.

On which day the said Richard came, and the jury came by John de Estwode and others in the panel named. Which jurors said upon their oath, that the aforesaid Richard is a partner of the said baker for gain in baking the bread aforesaid. Therefore it was adjudged that he should have the punishment of the hurdle. And he was so punished now for the first time, because his loaf was wanting to the amount of 2s. 9d. in the proper weight of half a mark for the halfpenny wastel loaf.

Also Alan de Lyndeseye, baker, was sentenced to the pillory, because he had been convicted of baking pain demaign that was found to be of bad dough within, and good dough without. And because such falsity redounds much to the deception of the people who buy such bread, he was committed for punishment, etc.

4. Inquisition Touching a Proposed Market and Fair [Inquisitions ad quod damnum, 1, 21], 1252.

Henry by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine and Count of Anjou, to his mayor and bailiffs of Bristol, greeting. We command you that by the oath of good and lawful men of your town, by whom the truth of the matter may the better be known, you make diligent enquiry if it would be to the nuisance of the town aforesaid if we should grant to our beloved abbot of Pershore that he have a market at his manor of Hawksbury on Monday and a fair there at the feast of St. Matthew in Autumn [204]; and if it be to your nuisance, to what extent; and that without delay you send to us the inquisition made thereon under your seal and the seals of those by whom it shall be made, and this writ. Witness myself at Westminster, 26 February in the 36th year of our reign.[Pg 158]

Inquisition made by command of the lord the King by the mayor and bailiffs of Bristol, if it would be to the nuisance of the town of Bristol if there were a market on Monday at the manor of Hawksbury which E. abbot of Pershore holds, and if there were a fair there at the feast of St. Matthew in Autumn, by William de Feria, clerk,[205] ... Who say by their oath that it would not be to the nuisance of the town of Bristol in any wise if there were a market on the aforesaid Monday at the said manor of Hawksbury, and a fair there on the aforesaid feast of St. Matthew in Autumn.[206]

5. Grant of a Fair at St. Ives to the Abbey of Ramsey[Cart. Rams., f. 191 b.], 1202.

John by the grace of God King of England, etc., greeting. Know ye that we, for our salvation and for the souls of our ancestors and successors, have granted and by our present charter have confirmed to God and the church of St. Mary and St. Benedict of Ramsey, and to the abbot and monks there serving God, a fair at St. Ives, to begin on the fourth day before the feast of St. Laurence and to endure for eight days [207]; to have and to hold for ever, so nevertheless that it be not to the nuisance of neighbouring fairs.

Wherefore we will and straitly command that the aforesaid abbot and monks have and hold the aforesaid fair well and in peace, freely and quietly, entirely, fully and honourably, with all liberties and free customs to such fair pertaining. Witnesses:—Robert earl of Leicester, William earl of Arundel, and others.

Given by the hand of Simon, archdeacon of Wells, at Harcourt on the seventh day of June in the fourth year of our reign.

6. Grant of a Market at St. Ives to the Abbey of Ramsey[Cart. Rams., f. 191 b.], 1293.

Edward by the grace of God King of England, lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots,[Pg 159] priors, earls, barons, justices, sheriffs, reeves, ministers and all his bailiffs and faithful, greeting. Know ye that we have granted and by this our charter confirmed to our beloved in Christ, the abbot and convent of Ramsey, that they and their successors for ever have a market every week on Monday at their manor of St. Ives in the county of Huntingdon, unless that market be to the nuisance of neighbouring markets. Wherefore we will and straitly command, for us and our heirs, that the aforesaid abbot and convent and their successors for ever have the aforesaid market at their manor aforesaid with all the liberties and free customs to such market pertaining, unless that market be to the nuisance of neighbouring markets, as is aforesaid. These witnesses:—the venerable fathers John, of Winchester, Anthony, of Durham, William, of Ely, bishops, William de Valencia, our uncle, Roger le Bygod, earl of Norfolk and marshal of England, John de Warenna, earl of Surrey, Henry de Lascy, earl of Lincoln, William de Bello Campo, earl of Warwick, Robert de Tybetot, Gilbert de Thornton, John de Metingham, Robert de Hertford, Robert Malet, and others. Given by our hand at Westminster on the fourteenth day of May in the twenty-first year of our reign.

7. Proceedings in the Court at the Fair of St. Ives [Court Roll, 178, 93, m. 1d.], 1288.[208]

John son of John of Eltisley makes plaint of Roger the Barber that he has unjustly broken a covenant with him, because, whereas the same John was in the town of Ramsey on Monday next after the Epiphany of the Lord last past, a year ago, in the house of Thomas Buk, the said Roger came there and undertook to cure his head of baldness for 9d., which he paid in hand. On Tuesday the aforesaid Roger put him in plaster, and on Wednesday likewise, and afterwards withdrew from the town, so that from that day to this he would have nothing to do with the matter, to John's damage of ½ mark; and he produces suit. The aforesaid Roger, being present, denied [tort and force] and put himself on his law,[Pg 160] and in finding pledges of his law withdrew from the bar without licence. Therefore the aforesaid John craved judgment on him as on a man convicted. Wherefore it is awarded that the said Roger satisfy him of the 9d. principal, and of his damages, which are pardoned him; and that for the trespass he be in mercy, 6d. Pledge,——

And for the greater security of the country the King has commanded that in the great towns, which are enclosed, the gates be shut from sunset until sunrise; and that no man lodge in the suburbs, or in any foreign part of the town save only in the daytime, nor yet in the daytime, if the host will not answer for him; and that the bailiffs of towns every week, or at the least every fortnight, make enquiry as to all persons lodging in the suburbs, and in foreign parts of the towns; and if they find any who receives or lodges in any manner persons who may be suspected of being against the peace, the bailiffs shall do right therein. And it is commanded that from henceforth watches be kept, as has been used in times past, that is to say, from the day of the Ascension to the day of St. Michael, in every city by six men at every gate; in every borough by twelve men; in every town by six men or four, according to the number of the inhabitants who dwell [in the town], and that they keep watch continually all night, from sunset to sunrise. And if any stranger pass by them, he shall be arrested until morning; and if no suspicion be found, he shall go quit; and if they find cause of suspicion, he shall be delivered to the sheriff forthwith, and he shall receive him without danger, and keep him safely, until he be delivered in due manner. And if they will not suffer themselves to be arrested, hue and cry shall be levied against them, and those who keep watch shall follow with all the town, with the towns near, with hue and cry from town to town, until they be taken and delivered to the sheriff, as before is said; and for the arrest of such strangers none shall be called in question.

And further, it is commanded, that highways from one market town to another be enlarged, where there are woods,[Pg 161] hedges, or ditches, so that there be neither ditches, underwood, nor bushes wherein a man may lurk to do hurt, near the road, within two hundred feet on the one side, and two hundred feet on the other side, provided that this statute extend not to oaks, or to great woods, so as it be clear underneath. And if by default of the lord who will not abate the ditch, underwood, or bushes in the manner aforesaid, any robberies be done, that the lord be answerable therefor; and if murder be done, that the lord make fine at the King's pleasure. And if the lord be not able to clear away the underwood, that the country aid him in doing it. And the King wills, that in his demesne lands and woods, within his forest and without, the roads be enlarged as aforesaid.

And if, perchance, a park be near the highway, it is requisite that the lord of the park diminish his park, so that there be a space of two hundred feet from the highway, as before said, or that he make such a wall, ditch, or hedge, that evil doers will not be able to pass or return, to do evil.

To the reverend and discreet and their dearest lord, J. de Langton, chancellor of the illustrious King of England, Robert le Venur, guardian of the city of Lincoln, and Adam son of Martin of the same city, clerk, deputed to receive recognisances of debts, greeting. With all reverence and honour we make known to your reverend discretion by these presents that Simon le Sage of Scarborough and William Kempe of the same town, of the county of York, and each of them for the whole sum, acknowledged before us that they owe to William le Noyr of Lincoln 28s. sterling to be paid to him or his attorney at the feast of St. Michael in the twenty-first year of the reign of King Edward, according to the form of the statute of the said lord the King published at Westminster. And because the aforesaid Simon and William have not kept the term of their payment at all, we beseech your reverend discretion humbly and devoutly, that you will order a writ to be sent to the sheriff of York to compel the same Simon and William to pay the said money according to the form of the statute aforesaid. May your reverend discretion prosper[Pg 162] long and well. Given at Lincoln on Friday next after the feast of St. Martin in the year aforesaid.[209]

[209] This procedure was first authorised by the Statute of Acton Burnel (1283), the main provisions of which run as follows:

"Forasmuch as merchants, who before these times have lent their goods to divers folk, are fallen into poverty, because there was no speedy law provided whereby they could readily recover their debts at the day fixed for payment, and for that reason many merchants have ceased to come to this land with their merchandise to the damage of the merchants and of the whole realm: the King, by himself and his council ... has ordained and established that the merchant who will be sure of his debt cause his debtor to come before the mayor ... and ... to acknowledge the debt and the day of payment, and that the recognisance be enrolled.... And if the debtor pay not at the day fixed for him ... the mayor ... shall forthwith cause the moveables of the debtor to be sold to the amount of the debt ... and the money to be paid without delay to the creditors.... And if the debtor have no moveables in the power of the mayor from which the debt can be levied, but have the same elsewhere in the realm, then the mayor shall send to the Chancellor ... the recognisance made before him ... and the Chancellor shall send a writ to the sheriff in whose bailiwick the debtor shall have moveables, and the sheriff shall cause satisfaction to be made to the creditor.... And if the debtor have no moveables wherefrom the debt can be levied, then his body shall be taken, wheresoever he be found, and kept in prison until he have made satisfaction, or his friends for him."

Two years later (1285) the Statute for Merchants strengthened the creditor's security by providing that imprisonment should immediately follow non-payment of the debt.

10. Procedure at a Fair pursuant to the Statute For Merchants [Court Rolls, 178, 96, m. 4], 1287.[210]

Pleas in the Fair of St. Ives, 15 Edward I, in the first year of John, lord Abbot, before William of Stow.

At the command of the lord the King, according to the tenour of the letter attached to the present roll, the community of London with the other communities at the fair of St. Ives was summoned to hear the order of the lord the King according to the new form of this statute touching merchants frequenting English fairs, and before them the aforesaid letter was read. And afterwards by the community of the citizens of London there were elected two of the more discreet and trusty men of the same city, to wit, Richard Poyntel and William of Paris, to whom in full court was delivered one of the two seals sent to the keepers of the fair, enclosed under the[Pg 163] seal of the lord the King and opened in the presence of the said merchants; and the other seal was delivered in the same court to one Henry of Leicester, clerk and attorney of Sir John de Bauquell, to whom the lord the King committed the merchants' seal, as appears in the letter attached to the present roll:——

Edward by the grace of God King of England, lord of Ireland and duke of Aquitaine, to the keepers of the fair of St. Ives, greeting. Whereas our beloved clerk, John de Bauquell, citizen of London,—to whom we have committed the merchants' seal to be kept, and the office thereof, according to the form of the statute provided hereon by our council, to be executed by him or others fit herefor, whom he shall be pleased to depute hereto, in fairs within our realm during our pleasure,—has deputed Henry of Leicester, clerk, under him in our presence to execute the aforesaid office in his place in the fairs aforesaid: We command you to admit hereto for this turn the aforesaid Henry in place of the aforesaid John: We command you also, that by assent of the community of merchants coming to the same fair you cause to be chosen two lawful merchants of the city of London, who, after taking oath, shall receive recognisances according to the form of our aforesaid statute, after the aforesaid seal, which we are sending to you in a box under our seal, has been opened in their presence, and one piece thereof delivered to the same merchants and the other piece to the aforesaid clerk. Witness Edmund, earl of Cornwall, our kinsman, at Westminster on 22 April in the fifteenth year of our reign.[211]

11. The Aulnage of Cloth [Court Roll, 178, 97, m. 2d.], 1291.[212] Court on Monday [14 May, 1291].

Hamo of Bury St. Edmunds brought a letter patent of[Pg 164] Sir Roger de Lisle, clerk of the Great Wardrobe, attached to this roll, ordering that he be admitted by the keepers of the fair of St. Ives to measure woollen cloths made in England, linen and canvas. And because the charter of the lord the King touching the fair orders that no bailiff or minister of the lord the King in any wise interfere with the fair aforesaid or its appurtenances, whereby the Abbot and Convent of Ramsey and their bailiffs should be prevented from having administration of all things pertaining to that fair as well within the town as without for ever, answer was made to the same Hamo by the steward that he would in no wise admit him to execute such office, which would be to the disherison and prejudice of the church of Ramsey and contrary to the liberty specified in the fair-charter, unless Hamo would come into the court and yield up his letter patent into the hands of the steward. To which court he came and of his free will delivered up the aforesaid letter and afterwards craved special grace; and at the instance of the merchants, his letter patent having been abandoned and annulled, he is admitted for the present.

12. the Ordinance of Labourers [Close Roll, 23 Edward III, p. 1, m. 8d.], 1349.[213]

The King to the sheriff of Kent, greeting. Because a great part of the people and specially of the workmen and servants has now died in this plague, some, seeing the necessity of lords and the scarcity of servants, will not serve unless they receive excessive wages, and others preferring to beg in idleness rather than to seek their livelihood by labour: we, weighing the grave disadvantages which might arise from the dearth specially of tillers and workmen, have had deliberation and treaty hereon with the prelates and nobles and other learned men in session with us, by whose unanimous counsel we have thought fit to ordain that every man and woman of our realm of England, of whatsoever condition, free or servile, able-bodied and under the age of sixty years, not living by trade nor exercising a certain craft, nor having of his own whereof he shall be able to live, or land of his own, in the tilling whereof he shall be able to occupy himself, and not serving another man, shall be bound to serve him who shall require him, if he be required to serve in a suitable service, regard being[Pg 165] had to his rank, and shall receive only the wages, liveries, hire or salaries which used to be offered in the places where he should serve in the twentieth year of our reign of England, or in the five or six common years last preceding; provided that lords be preferred to others in the bondmen or tenants of their lands so to be retained in their service; so however that such lords so retain as many as shall be necessary and not more; and if such a man or woman, so required to serve, refuse so to do, the same being proved by two trusty men before the sheriff, bailiff, lord, or constable of the town where this shall come to pass, he shall be taken forthwith by them or any of them and sent to the nearest gaol, there to stay in strait keeping until he find security to serve in the form aforesaid.

And if a reaper, mower or other workman or servant, of whatsoever rank or condition he be, retained in the service of any man, withdraw from the said service without reasonable cause or licence before the end of the term agreed upon, he shall undergo the penalty of imprisonment, and none, under the same penalty, shall presume to receive or retain such an one in his service.

Furthermore no man shall pay or promise to pay to any man more wages, liveries, hire or salaries than is accustomed, as is aforesaid, nor shall any man in any wise demand or receive the same, under penalty of the double of that which shall be so paid, promised, demanded or received, to go to him who shall feel himself aggrieved hereby; and if none such will prosecute, it shall go to any one of the people who shall prosecute; and such prosecution shall be made in the court of the lord of the place where such a case shall befal; and if the lords of towns or manors shall presume in any wise to contravene our present ordinance, by themselves or their ministers, then prosecution shall be made against them in the form aforesaid in counties, wapentakes and ridings, or other such courts of ours, at a penalty of threefold of that so paid or promised by them or their ministers; and if by chance any one shall have covenanted with any man so to serve for a greater salary before the present ordinance, the latter shall in no wise be bound by reason of the said covenant to pay to such a man more than has been customary at other times; nay, rather, he shall not presume to pay more under the penalty aforesaid.

Moreover saddlers, skinners, tawyers, shoemakers, tailors,[Pg 166] smiths, carpenters, masons, tilers, boatmen, carters and other artificers and workmen whosoever shall not take for their labour and craft more than used to be paid to such in the twentieth year and other common years preceding in the places in which they chance to be employed, as is aforesaid; and if any shall receive more, he shall be committed to the nearest gaol in the manner aforesaid.

Moreover butchers, fishermen, hostlers, brewers, bakers, poulterers and all other sellers of victuals whatsoever shall be bound to sell such victuals for a reasonable price, regard being had to the price at which such victuals are sold in the neighbouring places; so that such sellers have a moderate profit and not excessive, as shall be reasonably required by the distance of the places wherefrom such victuals are carried; and if any man sell such victuals otherwise and be convicted thereof in the form aforesaid, he shall pay the double of that which he shall receive to him that suffered loss, or, for lack of such, to him who will prosecute in this behalf; and the mayor and bailiffs of cities and boroughs, market and other towns, and ports and places by the sea, shall have power to enquire of all and singular who in any wise transgress against this ordinance, at the penalty aforesaid to be levied to the use of those at whose suit such transgressors shall be convicted: and in case the same mayor and bailiffs shall neglect to execute the premises and shall be convicted hereof before the justices appointed by us, then the same mayor and bailiffs shall be compelled by the same justices to pay to such as suffered loss, or, for lack of him, to any other prosecuting, threefold the value of the thing so sold, and none the less shall incur grievous punishment at our hands.

And because many sturdy beggars, so long as they can live by begging for alms, refuse to labour, living in idleness and sin and sometimes by thefts and other crimes, no man, under the aforesaid penalty of imprisonment, shall presume under colour of pity or alms to give anything to such as shall be able profitably to labour, or to cherish them in their sloth, that so they may be compelled to labour for the necessaries of life.

We order you, straitly enjoining upon you, that you cause all and singular the premises to be publicly proclaimed and kept in the cities, boroughs and market towns, seaports and other places in your bailiwick where you deem expedient,[Pg 167] as well within liberties as without, and due execution to be made thereof, as is aforesaid; and that in no wise you omit this, as you love us and the common utility of our realm and will save yourself harmless. Witness the King at Westminster, the eighteenth day of June. By the King himself and the whole council.

The King to the venerable father in Christ, W. by the same grace bishop of Winchester, greeting. Because a great part of the people, etc., as above, as far as "to labour for the necessaries of life," and then thus: and therefore we request you that you cause the premises to be proclaimed in the several churches and other places of your diocese where you shall deem expedient; commanding rectors, vicars of such churches, ministers and other your subjects that by salutary warnings they beseech and persuade their parishioners to labour and to keep the ordinances aforesaid, as instant necessity demands; and that you constrain the wage-earning chaplains of your said diocese, who, as is said, refuse in like manner to serve without excessive salary, and compel them, under penalty of suspension and interdict, to serve for the accustomed salary, as is expedient; and that you in no wise omit this as you love us and the common utility of our said realm. Witness as above.

The like letters of request are directed to the several bishops of England and to the guardian of the archbishopric of Canterbury, the see being vacant, under the same date.

13. Presentments made before the Justices of Labourers [214] [Assize Roll, 267, mm. 1, 8], 1351.

The twelve [jurors] present that Arnulph le Hierde of Maldon, late servant of John Dodebroke from Michaelmas, 24 Edward III, until Michaelmas next following, 25 Edward III, for one year and for a quarter of a year next following and for the whole of that time, the said Arnulph took a quarter of wheat for twelve weeks and 5s. a year for his stipend. Further, he took from the feast of St. Peter's Chains until Christmas in the same time 10s. beyond that which he took above; and hereupon the said Arnulph withdrew from his service[Pg 168] before the end of the term, to the damage of the said John of 40s., against the Statute, etc....

Trespass.—Further, they present that Robert Grys of Danbury, potter, makes brass pots and sells them at threefold the price which he used [to take], against the Statute, etc., in oppression of the people.

Trespass.—Further, they say that John Sextayn the younger, tailor, John Banestrat, tailor, Roger atte Tye of Great Baddow, take salaries for their labours from divers folk against the Statute, etc., and this threefold that which they used to take.

Trespass.—Further, they say that William Denk, servant of Geoffrey le Smyth, took from the said Geoffrey 20s. a year, and is at his table, and was sworn before John de Sutton and his fellows to serve according to the Statute, etc., where he should not take but 8s., etc....

Trespass.—Further, they present that Richard Smyth of Great Baddow commonly takes for his work double that which he used to take, against the Statute.

Trespass.—Further, they present that John Plukkerose, William Smyth of Danbury and William Molt, shoemakers, of Great Baddow, make shoes and sell them at almost double the price which they used [to take], against the Statute, etc., in oppression of the people.

Trespass.—Further, they say that Alan son of Sayer Banstrat of Great Baddow, sawyer, will not serve unless he take for his salary as much as two others take, against the Statute, etc., in oppression of the people....

Trespass.—Further, they present that John Galion, vicar of Nazeing, will not minister to any the sacrament of marriage unless he have from each man 5s. or 6s., and in this manner by extortion the said John has taken from John Wakerild 4s. 1Od., from William Gurteber 5s., from John Mabely 9s., and from many others to the sum of 20s., in oppression of the people by tort and against the peace....

Trespass.—Further, they present that John Hindercle took for stipend from the rector of Parndon for the time of August this year 10s. against the Statute.

Further, they present that John Hindercle, William Pourche, are butchers and forestallers of victuals, against the Statute.

14. Excessive Prices Charged by Craftsmen [King's Bench, Ancient Indictments, 38, m. 22d.] 1354.

Further they [the jurors] say that dyers, drapers and tanners are dwelling in the town of Ware, where they were not wont to be, but within the borough of Hertford, to the grave damage of the lord the King and the lady Queen Isabel, lady of the same town of Hertford, and of the whole commonalty of the town of Hertford aforesaid, and against the liberty of the aforesaid Queen, and that the same dyers and tanners use their craft in too excessive wise, to wit, the aforesaid dyers take for a cloth sometimes half a mark, sometimes 40d. and sometimes more, where they were wont to take for a cloth 6d. only, and the aforesaid tanners buy oxhides and divers other hides at a low price and refuse to sell them unless they gain on the sale fourfold, to the greatest oppression and damage of the whole people.

15. Fines Levied for Excessive Wages, 25 Edward III[Exch. K.R. Estreats, 11, 2], 1351.

16. Writ to Enforce Payment of Excess of Wages to the Collectors of a Subsidy [Close Roll, 24 Edward III, p. l, m. 6d.], 1350.

The King to his beloved and trusty Walter de Mauny and his fellows, our justices appointed to hear and determine divers trespasses and certain other things contained in our commission made to you, in the county of Northampton, greeting. Whereas lately it was ordained by us and our council that servants, as well men as women, should be bound to serve and should receive only the salaries and wages which used to be offered in the places where they ought to serve in the twentieth year of our reign over England or the five or six common years next preceding, and that all and singular such servants, workmen and artificers ... taking more ... be assessed at the whole additional sum which they shall receive ... and the whole additional sum so received be levied and collected from every of them to our use in relief of the singular towns to which the said artificers, servants and workmen belong, and in aid of payment of the sums at which the same towns or the men thereof are assessed for the tenth and fifteenth now current ...: you, nevertheless, ... attempt to cause such excesses of wages, liveries, hires and salaries ... with the fines made before you ... to be enrolled on your rolls and levied to our use, against the intent of that agreement, as by complaint of the people it has been given us to understand: We ... command you to compel all and singular artificers, servants and workmen, as well men as women, of whatsoever condition they be, convicted or hereafter to be convicted before you of such excessive salaries, liveries, hires or stipends whatsoever received by them in the aforesaid county, as well by imprisonment of their bodies as in other lawful manner which shall seem good to you in this behalf, to pay without delay that which they have so received in excess to the subtaxers and subcollectors of the singular towns to which the same artificers, servants and workmen belong, in aid of payment of the tenth and fifteenth aforesaid, according to the agreement abovesaid. Provided that the fines made or to be made therefor, and other things belonging to us therefrom, be converted to our use, as is just.

17. Application of Fines for Excessive Wages to the Subsidy of a Fifteenth [Subsidy Roll, 107, 41.], 1351-2.

From the town of East Mersea, 46s. 4¾d., from fines of workmen of the same town.

From the towns of West Mersea and Fingringhoe, 4l. 8s. 11¾d., from fines of workmen of the same town (sic).

From the towns of Peldon and Abberton, 44s. 7½d., from fines of workmen of the same town (sic).

From the towns of Wigborough, Great and Little, 62s. 2d., whereof the fifteenth is 12 d., the fines of workmen 61s. 2d.

From the town of Layer de la Hay, 32s. 9¾d., whereof the fifteenth is 2s. 9¾d., the fines of workmen 30s.

From the town of Layer Breton with Salcott, Virley, 46s. 6d. whereof the fifteenth is 16s. 6d., the fines of workmen 30s.

From the town of Layer Marney, 28s. 7¼d., whereof the fifteenth is 18s. 7¼d., the fines of workmen 10s.; whereof, of the fifteenth, the goods of Robert de Marny [215] in the same town [contribute] 10s.

From the town of Langenhoe, 40s. 1d., from the excess of fines of workmen of the same towns (sic).

Sum of this hundred, 19l. 10s. 2d., whereof from the fifteenth [arises] 38s. 11d.. from fines of workmen 17l. 11s. 3d.[216]

18. Labour Legislation; the Statute of 12 Richard II. [Statute Roll, 2, mm. 13, 12], 1388.[217]

c. 3. Further it is agreed and assented that all the Statutes of artificers, labourers, servants and victuallers made as well in the time of our lord the King that now is as in the time of his noble grandfather, whom God assoil, not repealed, be straitly holden and kept and duly executed, and that the said artificers,[Pg 172] labourers, servants and victuallers be duly judged by the justices of the peace as well at the suit of the King as of the party, according as the said Statutes require; and that the mayors, bailiffs, and stewards of lords and constables of towns duly do their offices touching such artificers, servants, labourers, and victuallers, and that stocks be in every town for the punishment of the same servants and labourers, as is ordained in the Statutes aforesaid. And furthermore it is ordained and assented that no servant or labourer, be it man or woman, depart at the end of his term out of the hundred, rape or wapentake where he is dwelling, to serve or dwell elsewhere, or by colour of going afar on pilgrimage, unless he carry a letter patent containing the cause of his going and the time of his return, if he ought to return, under the King's seal that shall be assigned hereto and delivered into the keeping of some good man of the hundred or hundreds, rape or wapentake, city and borough, who shall keep the same according to the discretion of the justices of the peace, and lawfully make such letters when need be, and in no other wise on his oath, and that around the said seal be written the name of the county and across the said seal the name of the said hundred, rape, wapentake, city or borough; and if any servant or labourer be found in a city, borough or elsewhere, coming from any place, wandering without such letter, he shall be taken forthwith by the said mayors, bailiffs, stewards or constables and put in the stocks and kept until he have found surety to return to his service or to serve or labour in the town from which he comes, until he have such letter for departing with reasonable cause; and be it remembered that a servant or labourer may freely depart from his service at the end of his term and serve elsewhere, so that he be in certainty with whom, and have such letter as above; but it is not the intent of this ordinance that servants who ride or go on the business of their lords or masters be comprehended within this ordinance during the time of the same business; and if any carry such letter which can be found to be forged or false, he shall go to prison for forty days for the falsity, and further until he have found surety to return and serve and labour as aforesaid. And that none receive a servant or labourer going forth from their hundreds, rape, wapentake, city or borough, without letter testimonial or[Pg 173] with a letter, for more than one night, unless it be by reason of illness or other reasonable cause, or unless he will and can serve and labour there by the same testimony, on a penalty to be limited by the justices of the peace; and that as well artificers and craftsmen as servants and apprentices, who are not of great account and of whose craft or mistery men have no great need in time of harvest, be forced to serve in harvest at cutting, gathering and bringing in the corn; and that this statute be duly executed by mayors, bailiffs, stewards and constables of towns on a penalty to be limited and adjudged by the said justices of the peace in their sessions, and that none take above 1d. for making, sealing and delivering the said letter.

c. 4. And furthermore, because servants and labourers will not and for long time have not been willing to serve and labour without outrageous and excessive hire and much greater than has been given to such servants and labourers in any time past, so that for dearth of the said labourers and servants, husbandmen and tenants of land cannot pay their rents or hardly live on their lands,[218] to the exceeding great damage and loss as well of the lords as of the whole commons; and also because the wages of the said labourers and servants have not been put in certainty before these times; it is agreed and assented that the bailiff for husbandry take 13s. 4d. a year and his clothing once a year at most, the master hind 10s., the carter 10s., the shepherd 10s., the ox-herd 6s. 8d., the cow-herd 6s. 8d., the swineherd 6s., the woman labourer 6s., the dairymaid 6s., the ploughman 7s. at most, and every other labourer and servant according to his degree, and less in the country where less is wont to be given, without clothing, bounty (curtoisie) or other reward by covenant.[219] And that no servant of artificers or victuallers within cities, boroughs or other towns take more than the labourers and servants above named according to their estate, without clothing, bounty or other reward by covenant, as is said above. And if any give or take by covenant more than is specified above, at the first time that they shall be attainted thereof they shall pay, as well the givers as the takers, the value of the excess[Pg 174] so given or taken, and at the second time of their attainder, double the value of such excess, and at the third time treble the value of such excess; and if the taker so attainted have nothing wherewith to pay the said excess, he shall go to prison for forty days.

c. 5. Further it is ordained and assented that he or she who is employed in labouring at the plough and cart or other labour or service of husbandry until they be of the age of 12 years shall remain thenceforward at that labour without being put to a mistery or craft; and if any covenant or bond of apprentice be made henceforth to the contrary it shall be holden for nought.

c. 6. Further, it is agreed and assented that no servant of husbandry or labourer or servant of an artificer or victualler carry henceforward baslard, dagger or sword, on pain of forfeiture of the same, except in time of war for defence of the realm, and then by survey of the arrayers for the time being, or when travelling through the country with their masters or on a message of their masters; but such servants and labourers shall have bows and arrows and use them on Sundays and feast days, and entirely forsake games of ball as well hand as foot and the other games called quoits, dice, casting the stone, skittles and other such unsuitable games; and that the sheriffs, mayors, bailiffs and constables have power to arrest and do arrest all the contraveners hereof and the baslards, daggers and swords aforesaid, and to seize and keep the said baslards, daggers and swords until the session of the justices of the peace, and present them before the said justices in their sessions together with the names of those who carried them. And it is not the King's intent that prejudice be done to the franchises of lords touching the forfeitures due to them.

c. 7. Further, it is agreed and assented that touching every man who goes begging and is able to serve or labour, it be done with him as with him who departs out of hundreds and other places aforesaid without a letter testimonial, as is said above, excepting people of religion and hermits approved, having letters testimonial of the ordinaries. And that beggars unable to serve remain in the cities and towns where they are dwelling at the time of the proclamation of this Statute;[Pg 175] and that if the people of the said cities or towns will not or cannot suffice to find them, the said beggars withdraw to the other towns within the hundred, rape or wapentake, or to the towns where they were born, within forty days after the said proclamation be made, and dwell there continually for their lives. And that with all those who go on pilgrimage as beggars and are able to labour it be done as with the said servants and labourers, if they have not letters testimonial of their pilgrimage under the seals aforesaid. And that the clerks of the Universities who go begging thus have letters testimonial of their chancellor on the same penalty.

c. 8. Further, it is ordained and assented that those who feign themselves to be men that have travelled out of the realm and have been there imprisoned carry letters testimonial of the captains where they have dwelt, or of the mayors and bailiffs where they make their landing, and that the same mayors and bailiffs enquire of such folk where they have dwelt and with whom and in what place is their dwelling in England; and that the same mayors and bailiffs make them a letter patent under the seal of their office testifying the day of their landing and where they have been, as they have said; and that the said mayors and bailiffs make them swear to keep their right way to their country, unless they have a letter patent under the King's great seal to do otherwise. And that if any such travelled man be found without such letter, it be done with him as with the servants and labourers aforesaid; and this ordinance shall be applied to travelled men who go begging through the country after their landing.

c. 9. Further it is ordained and assented that the aforesaid ordinances of servants and labourers, beggars and vagrants, hold good and be executed as well in cities and boroughs as in other towns and places within the realm, as well within franchise as without. And that the sheriffs, mayors and bailiffs and keepers of gaols shall be bound and charged to receive the said servants, labourers, beggars and vagrants, and to detain them in prison in the form aforesaid, without letting them to mainprise or bail and without taking fee or aught else from them by themselves or by others, as long as they be thus in prison or at their entry in or issue from the same prison, on pain of paying 100s. to the King.[Pg 176]

c. 10. Further, it is ordained and assented that in every commission of the justices of the peace there be assigned only six justices beside the justices of assize, and that the said six justices hold their sessions in every quarter of the year at least, and this for three days if need be, on pain of being punished according to the advice of the King's council at the suit of every man who will make plaint, and enquire diligently, among other things touching their offices, if the said mayors, bailiffs, stewards and constables and also gaolers have duly made execution of the said ordinances and statutes of servants and labourers, beggars and vagrants, and punish those who are punishable by the said penalty of 100s. on the same penalty, and punish at their discretion those who are found in fault who are not punishable by the said penalty; and that every of the said justices take for his wages 4s. a day for the time of their said sessions, and their clerk 2s. a day, from the fines and amercements arising and forthcoming from the same sessions, by the hands of the sheriffs; and that the lords of franchises be contributors to the said wages according to the proportion of their part of the fines and amercements aforesaid; and that no steward of a lord be assigned in any of the said commissions, and that no association be made to the said justices of the peace [220] after their first commission. And it is not the intent of this statute that the justices of the one Bench and of the other and the serjeants at law, in case they be named in the said commissions, be bound by force of this statute to hold the said sessions four times a year as are the other commissioners, who are continually dwelling in the country, but that they do it when they can well attend hereto.

19. Labour Legislation; A Bill in Parliament, 23 Henry VI [Rot. Parl. 23 Henry VI, m. 4, No. 19], 1444-5.

Prayen the Commons of this present Parliament that where the common people of this realm is greatly annoyed because of sudden departing of servants of husbandry from their masters at the end of their terms without due warning made unto their said masters, where if such warning were had they might be purveyed of other servants against the end of their term, and also because that justices of peace many times by favour,[Pg 177] prayer or commandment, set so little and so easy fines upon such as be convict before them, that many dread not the execution of the law but greatly are emboldened to offend:

That it like the King our Sovereign Lord to ordain by authority of this present Parliament that every servant of husbandry purposing to depart from his master at the end of his term, at the middle of his term or else before make covenant with another man to serve him for the next year, if he be in such case as the law will compel him to serve, the same covenant to be made in the presence of the constables of the towns where such servants at that time be in service; and that the said servant and he that shall so make covenant with him, in presence of the said constables, at the middle of the said term or before, warn the master of the said servant of the said covenant so newly made, so that the same master may purvey him another servant against the end of his term; and if any covenant with any such servant be made in other wise, or that such warning in manner and form abovesaid be not had, the same covenant be void, and the said servant be compelled to serve his former master still for the next year, but if [221] any lawful and reasonable cause being of later time shall require the contrary; also that the salaries and wages of servants, labourers and artificers, exceed not the assessing that followeth, that is to say, the salary of a bailiff of husbandry by year 23s. 4d. and clothing price of 5s. with meat and drink; of a chief hind, a carter, a chief shepherd, 20s. and clothing price of 4s. with meat and drink; a common servant of husbandry 15s. and clothing price of 40d.; a woman servant 10s. and clothing price of 4s. with meat and drink; a child within age of 14 years 6s. and clothing price of 3s. with meat and drink; the same form be observed of salaries of servants with hostlers, victuallers and artificers in cities, boroughs, and elsewhere being, and such as less deserve, less to take, and also in places where less is used to be given, less to be given hereafter. And that from the feast of Easter unto Michaelmas the wages of any freemason or master carpenter exceed not by the day 4d. with meat and drink, and without meat and drink 5½d.; a master tiler or slater, rough mason and mean carpenter and other artificers concerning building, by the day 3d. with meat and drink, and without meat and drink 4½d.; and every other labourer by the[Pg 178] day 2d. with meat and drink, and without meat and drink 3½d. And from the feast of Michaelmas unto Easter a freemason and a master carpenter by the day 3d. with meat and drink, and without meat and drink 4½d.; tiler, mean carpenter, rough mason and other artificers aforesaid, by the day 2½d. with meat and drink, and without meat and drink 4d.; and every other workman and labourer by the day 1½d. with meat and drink, and without meat and drink 3d.; and who that less deserves, to take less; provided that the said assessing extend not to labourers in time of harvest about harvest labour, in which the wages of a mower exceed not by the day 4d. with meat and drink, and without meat and drink 6d.; a man reaper or carter 3d. by the day with meat and drink, and without meat and drink 5d.; a woman labourer and other labourers in harvest by the day 2½d. with meat and drink, and without meat and drink 4½d.; and such as are worth less, less to take, and in places where less is used to be taken, less be taken hereafter; and that no artificer, workman or labourer take anything for any holiday nor for no workday, except after the rate of the time of the day in which he labours; and if any person refuse to serve or labour according to the premises, that every justice of the peace in their shires have power at every time to call them to examination thereof, and such as they find defective to commit to prison, there to abide till they have found surety sufficient to serve and labour in form by law required; and if any servant, artificer, workman or labourer, do contrary to the premises or deny his service, occupation or labour, by reason of no giving wages or salaries contrary to this statute, that he lose to the party that will sue in this part 20s.; and that the givers of excessive salaries or wages run in the same pain ...

Further, that the justices of peace assess no fine upon any that shall be convict before them of things done against any Statute of Labourers or Artificers or by that cause shall put him in the King's grace, beneath 3s. 4d. ...[222]

20. Organisation of the Staple [223] [Patent Roll,6 Edward II, p. 2, m. 5], 1313.

The King to all to whom, etc., greeting. Know ye that[Pg 179] whereas before these times divers damages and grievances in many ways have befallen the merchants of our realm, not without damage to our progenitors, sometime Kings of England, and to us, because merchants, as well denizen as alien, buying wools and woolfells within the realm aforesaid and our power, have gone at their pleasure with the same wools and fells, to sell them, to divers places within the lands of Brabant, Flanders and Artois: We, wishing to prevent such damages and grievances and to provide as well as we may for the advantage of us and our merchants of the realm aforesaid, do will and by our council ordain, to endure for ever, that merchants denizen and alien, buying such wools and fells within the realm and power aforesaid and wishing to take the same to the aforesaid lands to sell there, shall take those wools and fells or cause them to be taken to a fixed staple to be ordained and assigned within any of the same lands by the mayor and community of the said merchants of our realm, and to be changed as and when they shall deem expedient, and not to other places in those lands in any wise: granting to the said mayor and merchants of our realm aforesaid, for us and our heirs, that the mayor and council of the same merchants for the time being may impose upon all merchants, denizen and alien, who shall contravene the said ordinance and shall be reasonably convicted thereof by the aforesaid mayor and council of the said merchants, certain money penalties for those offences, and that such money penalties, whereof we or our ministers shall be informed by the aforesaid mayor, shall be levied to our use from the goods and wares of merchants so offending, wheresoever they shall be found within the realm and power aforesaid, by our ministers, according to the information aforesaid and the assessment thereof to be made by the mayor himself, saving always to the said mayor and merchants that of themselves they may reasonably chastise and punish offending merchants, if their goods and wares chance to be found in the staple aforesaid outside our realm and power aforesaid, without interference or hindrance on the part of us or our heirs or our ministers whomsoever,[Pg 180] as they have hitherto been wont to do. In witness whereof etc. Witness the King at Canterbury, 20 May.

21. Arguments for the Establishment of Home Staple Towns [Exch. K.R. Accounts, 457, 32.], 1319.

London. Whereas our lord the King by his writ has signified to us that in particular in his Parliament last holden at York debate was raised touching the establishment of certain places within his realm whereat sales and purchases of wools should be made and not elsewhere; which business (which should turn to the profit of our said lord and of the people of his realm) and also the fixing of the places most convenient herefor, through certain disturbances,[224] remained undetermined; and signified also that divers moneys counterfeiting the coin of our said lord are brought by foreign people into his realm to the subversion of his money and to the prejudice of our said lord; whereon our lord the King wishes to have our advice and counsel; we do him to wit that in full treaty and discussion with divers merchants, citizens and burgesses of the realm, we have agreed, if it please our lord the King, that there be two places established for the said sales and purchases, namely, one on this side Trent, and another beyond, which places should fulfil the conditions below-written, that is to say, the places should be strong, well situated and secure for the repair of foreign merchants and the safety of their persons and their goods, and there should be ready access for all manner of merchandise, an exchange good, easy and prompt, and a good and convenient haven in the same places; and that the law and usages and franchises, which merchants repairing to the Staple in these times have had and used, they should use and enjoy henceforth at the places where they shall be, without being drawn into another law or another custom; and that the foreigners who shall come to the said places go not further in the realm nor send privily or openly by any manner of people to make any purchase of wools elsewhere than at the places established; and hereby the towns of our said lord which are now decayed and impoverished will be restored and enriched. If it be established in the form above[Pg 181] written, it will befal to the great profit of our lord the King and of all his realm; principally, by the security of the persons and goods of merchants and other people of the realm, whom in these times death, robberies and other damages without number have in large measure befallen; and also by the increase of the profit of the change of our lord through the plate and bullion which shall be brought there; and also by the drawing of all manner of merchants and their merchandise that shall come there; moreover, owing to the great treasure of the goods of England that is and remains in the power of aliens, tort, trespass, robberies, and homicide cannot be readily redressed nor rightly punished in our parts on this side the sea for fear of the persons and goods which the aliens have in their power [225], whereby they are enriched and emboldened to maintain the mortal enemies of the King, and comfort them with people, arms and victuals; and by the ordinance aforesaid the merchants and the people of our said lord, to whom he can resort when need be, will be enriched, and the enemies of the King impoverished and all alien merchants in his subjection, and other profits without number will arise, which we cannot by any means fully show forth. With regard to money, if it please our lord, let it not be suffered to be brought from the parts beyond the sea, save only gold, plate and bullion; and to do away with the counterfeit money current among the good, wheresoever it be found, let it be pierced and sent to the change.[226]

Edward, etc., to the mayor of our city of London, greeting. We command you, straitly enjoining, that the things below[Pg 182] written, ordained by us and our council for the common profit and relief of the people of all our realm and power, you cause to be proclaimed and published and straitly kept and observed in our city aforesaid and everywhere in your bailiwick.

First, that the staple of the merchants and the merchandise of England, Ireland and Wales, namely, of wools, hides, woolfells and tin, be holden in the same lands and nowhere else, and that too in the places below written, that is to say, at Newcastle upon Tyne, York, Lincoln, Norwich, London, Winchester, Exeter, and Bristol, for England, Dublin, Drogheda and Cork, for Ireland, Shrewsbury, Carmarthen and Cardiff, for Wales. And for the tin of Cornwall, at Lostwithiel and Truro. And for the tin of Devonshire, at Ashburton, and not elsewhere in England, Ireland or Wales.

And that all alien people there and not elsewhere in England, Ireland or Wales, may freely buy and seek wools, hides and fells and other merchandise, and tin in Ashburton, Lostwithiel and Truro, and not elsewhere, and when they have bought their merchandise at the said places and in the form abovesaid and paid their customs, and have thereon letters sealed with the seal of the cocket [227], they may carry the said wools, hides, fells, tin and other merchandise into what land soever they will, if it be not into a land that is at war or enmity with us or our realm. And that the merchant strangers be warned hereof.

And that no alien by himself or another privily or openly may buy elsewhere wools or other merchandise abovesaid except at the said places, upon forfeiture of the wools or other merchandise abovesaid which he shall have so bought.

And that the merchants of England, Ireland and Wales, who wish to carry wools, hides, fells or tin out of the staples to be sold elsewhere, may not carry them from the staples out of our power until they have remained fifteen days at any of the staples to sell them, and then they may go with the said merchandise whither they will, without making or holding a staple anywhere out of the said lands or within the said lands elsewhere than at the places abovesaid.

And that all people of England, Ireland and Wales, may sell and buy wools and all other merchandise anywhere that they will in the said lands, so that the sale be not made to aliens[Pg 183] except at the staple. And that wools, hides, fells and tin be nowhere carried out of the said lands by aliens or denizens except from the staples aforesaid.

And that the merchants of our power make not among themselves any conspiracy or compact to lessen the price of wools or other merchandise abovesaid, or to delay merchant strangers in the purchase or sale of their merchandise, and that those who shall do so and can be attainted hereof be heavily punished according to the ordinance of us and of our good council. And that every man be admitted on our behalf who will sue to attaint and punish such, and that such suit be made before our Chief Justices or others whom we will assign hereto and not elsewhere. And that the merchants and the people of Gascony and of the duchy of Aquitaine, who now are or for the time shall be of the fealty and obedience of us or of our son and heir [228], be holden as denizens and not as aliens in all these affairs.

And that all merchants, native and strangers, be subject to the law merchant in all things that touch trafficking at the places of the staples.

And that no man or woman of a borough or city, nor the commons of the people outside a borough or city in England, Ireland or Wales, after Christmas next coming, use cloth of their own buying that shall be bought after the said feast of Christmas, unless it be cloth made in England, Ireland or Wales, upon heavy forfeiture and punishment, as we by our good council will ordain hereon. And be it known that by the commons in this case shall be understood all people except the King and Queen, earls and barons, knights and ladies and their children born in wedlock, archbishops and bishops and other persons and people of Holy Church, and seculars, who can spend yearly from their rents 40l. sterling, and this so long as it please us by our good council further to extend this ordinance and prohibition.

And that every man and woman of England, Ireland and Wales, may make cloths as long and as short as they shall please.

And that people may have the greater will to work upon the making of cloth in England, Ireland and Wales, we will[Pg 184] that all people know that we shall grant suitable franchises to fullers, weavers, dyers and other clothworkers who live mainly by this craft, when such franchises be asked of us.

And that it be granted to the wool-merchants that they have a mayor of the staples abovesaid.

And that all merchant strangers may have the greater will to come into our power and may the more safely stay and return, we take them, their persons and goods, into our protection. And we forbid, upon heavy forfeiture, that anyone do them wrong or injury in person or goods, while they be coming, staying or returning, so that if anyone do them injury contrary to this protection and prohibition, those of the town to which the evildoers shall belong shall be bound to answer for the damages or for the persons of the evildoers, and that the mayor or bailiffs of the town where the shipping is take surety for which they will answer at their peril from the sailors of the same shipping every time that they shall go out of the havens, that they will not do evil or misbehave towards any man contrary to these articles.

In witness whereof we have caused these our letters to be sealed with our seal. Given at Kenilworth, 1 May.

23. The Election of the Mayor and Constables of A Staple Town [Chancery Files, 582], 1358.

To the reverend father in Christ William by divine permission bishop of Winchester and Chancellor of the illustrious lord the King of England and France, his humble mayor and constables and the whole community of merchants of the staple of the lord the King at Westminster, greeting with all reverence and honour. Let your reverend lordship deign to know that on the feast of the Translation of St. Thomas the Martyr [229] in the 32nd year of the reign of the aforesaid lord the King of England after the Conquest, all the merchants, as well alien as denizen, who frequent the said staple, being assembled for the election of a mayor and constables of the same staple for the coming year, as custom is, beginning at the feast of St. Peter's Chains [230] next coming, with unanimous assent and consent we elected Adam Fraunceys to be mayor, and John Pyel and John Tornegeld to be constables of the staple[Pg 185] aforesaid for the coming year. May your lordship fare well through time to come. Given in the said staple of Westminster the last day of July in the 32nd year of the reign of King Edward the Third after the Conquest of England [231].

24. Royal Letters Patent Overruled by the Custom of the Staple [Early Chancery Proceedings, 11, 289], c. 1436.

Meekly beseecheth your servant, Hugh Dyke, that whereas our lord the King on the second day of December in the fourteenth year of his reign, considering the great kindness which the said Hugh, William Estfield and Hammond Sutton did to him, and specially for that they then granted to lend to our said lord the King the sum of 8,000 marks, and our said lord the King wishing graciously to favour the same William, Hammond and Hugh in this behalf, by his letters patent, by the advice and assent of his council in his Parliament, granted and gave license to the same William, Hammond and Hugh, that in the sale of their wools at the town of Calais they should be preferred before all other merchants there to the value of the sum aforesaid, and that they and every of them, or others in their name whom the said William, Hammond and Hugh would name hereto, might freely sell their wools aforesaid to the value aforesaid within your said town to what person soever and in what manner soever they should wish, before the other merchants aforesaid, and retain by them the sums forthcoming thence without any restriction or partition to be made thereof in the Staple of Calais among the merchants of the same, any statute or ordinance made to the contrary notwithstanding, as is more fully contained in the said letters; and although one Thomas Ketyll, servant to the said Hugh, at the commandment and will of his master, sold a sarpler of wool to a stranger for the sum of 12l. 5s., to have and enjoy to him without any restriction or partition to be made thereof, as parcel of the sum aforesaid, nevertheless Thomas Thurland of Calais, because the said Thomas Ketyll would not deliver the said sum of 12l. 5s. to put the same in partition in the Staple, put him in prison and detained him for a long time[Pg 186] contrary to the tenour of the letters aforesaid to the prejudice of our lord the King and the great damage and loss of the said Hugh and Thomas Ketyll. Wherefore please it your benign grace to grant a writ of subpœna directed to the said Thomas Thurland to appear before you in the Chancery of our lord the King upon pain of 30l. to answer as well our lord the King as the said Hugh and Thomas Ketyll touching the premises, and to do right to the parties, by way of charity.

25. Prohibition of Export of Materials for Making Cloth [Guildhall, Letter-Book E, f. 167],[232] 1326.

Edward by the grace of God, King of England, etc., to our well-beloved Hamon de Chigewelle, Mayor of our city of London, greeting. We have read the letters that you have sent us, in the which you have signified unto us that Flemings, Brabanters and other aliens have been suddenly buying throughout our land all the teasels that they can find; and also are buying butter, madder, woad, fullers' earth, and all other things which pertain to the working of cloth, in order that they may disturb the staple and the common profit of our realm; and further, that you have stopped twenty tuns that were shipped and ready for going beyond sea, at the suit of good folks of our said city; upon your doing the which we do congratulate you, and do command and charge you, that you cause the said tuns well and safely to be kept; and if any such things come into our said city from henceforth, to be sent beyond sea by merchants aliens or denizens, cause them also to be stopped and safely kept, until you shall have had other mandate from us thereon; and you are not to allow any such things to pass through your bailiwick, by reason whereof the profit of our staple may be disturbed. We have also commanded our Chancellor, that by writs under our Great Seal he shall cause it everywhere to be forbidden that any such things shall pass from henceforth out of our realm, in any way whatsoever. Given under our Privy Seal at Saltwood the 21st day of May, in the 19th year of our reign.

26. Commercial Policy [Political Songs and Poems, Rolls Series, II, 282], temp. Edward IV.

For there is no realm in no manner degree
But they have need to our English commodity;
And the cause thereof I will to you express,
The which is sooth as the gospel of the mass.

Meat, drink and cloth, to every man's sustenance
They belong all three, without variance.
For whoso lacketh any of these three things,
Be they popes or emperors, or so royal kings,

It may not stand with them in any prosperity;
For whoso lacketh any of these, he suffereth adversity;
Whiles this is sooth by your wits discern
Of all the realms in the world this beareth the lantern.

For of every of these three by God's ordinance,
We have sufficiently unto our sustenance,
And with the surplusage of one of these three things
We might rule and govern all Christian kings.

For the merchants come our wools for to buy
Or else the cloth that is made thereof surely,
Out of divers lands far beyond the sea,
To have this merchandise into their country.

Therefore let not our wool be sold for nought,
Neither our cloth, for they must be sought;
And in especial restrain straitly the wool,
That the commons of this land may work at the full.

And if any wool be sold of this land,
Let it be of the worst both to free and bond,
And none other in [no] manner wise,
For many divers causes, as I can devise.

If the wool be coarse, the cloth is mickle the worse,
Yet into little they put out of purse
As much for carding, spinning and weaving,
Fulling, roving, dyeing and shearing;
[Pg 188]
And yet when such cloth is all ywrought,
To the maker it availeth little or nought,
The price is simple, the cost is never the less,
They that worketh such wool in wit be like an ass.

For and ye knew the sorrow and heaviness
Of the poor people living in distress,
How they be oppressed in all manner of thing,
In giving them too much weight into the spinning.

For nine pounds, I ween, they shall take twelve,
This is very truth, as I know myself;
Their wages be bated, their weight is increased,
Thus the spinners' and carders' avails be all ceased.

The King sent his writ to the bailiffs of the abbot of Ramsey of the fair of St. Ives in these words:—Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to the bailiffs of the abbot of Ramsey of the fair of St. Ives, greeting. Whereas, on the frequent complaint of our beloved cousin, Alice countess Marshal, representing to us that lately by our licence she caused a ship about to sail to the parts beyond seas to be laden with jewels of gold and silver and other her goods and chattels to the value of 2000l., to be taken thence to the said parts to await her coming there; and that John Crabbe, master of a ship of The Mew, Miles of Utenham, Christian Trilling, Crabekyn, nephew of John Crabbe, John Labay and John Winter, together with certain other evildoers of the parts of Flanders, met the aforesaid ship so laden on its way towards the said parts on the sea between Boulogne and Whitsand, and in hostile manner took and carried away the same ship so laden with cloths, jewels and other goods aforesaid, and still detain the same jewels and goods of the aforesaid countess, to her no small damage and loss: we many times requested Robert, count of Flanders, by our special letters to hear the plaint of the aforesaid countess on the premises, to be set forth to the same count[Pg 189] by her or her proctor or attorney in this behalf, and thereupon to cause full justice to be done to her touching the said cloths, jewels and other goods so carried off; whereupon the same count afterwards wrote back to us, saying that he had caused certain of the aforesaid evildoers to be punished, and was ready to hand over the others whom he might secure to due punishment, as reason should permit. But, because the aforesaid count delayed to show justice to the said countess touching the restitution of the cloths, jewels and goods aforesaid according to the form of our aforesaid requests, we afterwards thought fit to require him divers times by our special letters to cause due restitution or suitable satisfaction, as right should require, to be made to the same countess for the cloths, jewels, goods and chattels aforesaid. And though the count has received our letters aforesaid and has been many times requested with great diligence on behalf of the same countess by her attorneys or proctors to cause full justice to be done to her in the premises, nevertheless he has neglected to do anything therein at such our requests, although a great part of the same goods had come into his hands, but has altogether failed to show her justice, as the mayor and aldermen of our city of London have made known to us by their letters patent sealed with their common seal.

We, refusing to refrain longer from causing the aforesaid countess to be provided with a remedy agreeable to right touching the recovery of her goods aforesaid, command you that you cause to be arrested without delay all goods and wares of the men and merchants of the power and lordship of the said count of Flanders, except the goods and wares of the burgesses and merchants of Ypres, which shall happen to be found within your bailiwick, to the value of 200l. in part satisfaction of the said 2000l., and to be kept under such arrest safely and without detraction or diminution, until you shall have other orders from us thereon; and that you make known to us plainly and openly under your seals what goods and of what sort you cause to be arrested on that account, and whose they are, and also the value thereof, returning to us this writ. For we have commanded the mayor and sheriffs of London to cause to be arrested without delay and to be kept under such arrest, until full satisfaction be made to the aforesaid countess of her said goods so carried off, the goods[Pg 190] and wares of the men and merchants of the power of the said count within their bailiwick to the value of 1000l.; and the bailiffs of the town of Great Yarmouth to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Ipswich to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Lynn to cause the arrest of goods to the value of the 200l. residue. Witness myself at Westminster on the 24th day of April in the eighth year of our reign.

To which writ answer was made that no goods or chattels of the power and lordship of Robert, count of Flanders, were found in the fair of St. Ives after this writ was delivered to us. Therefore nothing at present has been done therein.

28. Grant of Letters of Marque and Reprisals [Patent Roll, 26 Henry VI, p. 1, m. 27.], 1447.

The King to all to whom, etc., greeting. John Hampshire and Henry May, gentlemen, have shown to us that, whereas they, with twenty nine persons, merchants and mariners, our lieges, in the month of December in the twenty second year of our reign, in a ship called Clement of Hamble, came out of our duchy of Normandy sailing to our realm of England, there came upon them thirty mariners of Brittany and took and carried away the goods and merchandise of the aforesaid John and Henry and other our lieges aforesaid to the value of 1336 marks, and their bonds, indentures and bills making mention of debts to the sum of 700 marks, and beyond this likewise took and carried away the whole tackling of the ship aforesaid and all their victuals found in the same ship, and inhumanly stripped the same John and Henry to their shirts and certain of our other said lieges as well of their shirts as of their other garments, and abandoned and left the said John and Henry and our other lieges abovesaid in the ship aforesaid, bereft and spoiled of all manner of tackling necessary and requisite for the safe conduct of the same ship, in the midst of the sea, in which ship the same John and Henry and the rest of our lieges aforesaid, labouring in tempest and various storms of the sea for three days and three nights together, and despairing of their life in regard to all human aid, and putting all hope and trust of their salvation wholly in God and the glorious Virgin Mary, at length, after the days and nights[Pg 191] aforesaid were past, they arrived in port, at least a place of safety, by God's help; and although at the instance of the aforesaid John and Henry we have oft fitly requested our cousin the duke of Brittany by letters of our privy seal that he would cause the same John and Henry to be provided with due and just restitution to be had in this behalf, yet the same John and Henry, using all diligence with due and speedy suit made to the same our cousin in this behalf for three years and more, have not yet obtained and cannot in any wise obtain any restitution thereof, to the gravest expense and no small damage and burden to the same John and Henry; wherefore they have humbly and instantly made supplication to us that we would graciously deign to provide for relief to be made to them in this behalf: We, considering that justice is and has been against all conscience denied or at least delayed to the same John and Henry diligently suing for their right, and willing to make provision that justice or at least the execution of justice perish not in this behalf, as far as in us lies, by the inspiration of piety, therefore, graciously inclining to the supplication of the same John and Henry most benignly made to us in this behalf, have granted to the same John and Henry marque and reprisal, so that they, by themselves or their factors, attorneys or servants having or to have sufficient power from them, and, if the same John and Henry perchance die in the meantime, by their heirs and executors, may take and arrest the bodies, ships, vessels, goods, wares and merchandise of any subjects soever of the aforesaid duke, wheresoever they may be found within our realms, lordships, lands, powers and territories, as well on this side as beyond the sea, by land, sea or water, within liberties and without, to the value of the said 2036 marks, and lawfully and with impunity detain the same until full satisfaction shall have been made to them of that sum and of the whole and entire tackling of the ship aforesaid and of the victuals aforesaid or of the true value of the same, and of the damages, costs, outlays and expenses which they have reasonably sustained and will sustain on our behalf, and, for default of such satisfaction, that they may give, sell, alienate them and dispose and order thereof as with their own goods, as it shall seem to them best to be done, without hindrance, disturbance, vexation or annoyance at the hands of us or our heirs or the officers or ministers of us or[Pg 192] our heirs whomsoever. And we give to all and singular our admirals, captains, castellans and their lieutenants and deputies, sheriffs, mayors, bailiffs, constables, searchers, wardens of seaports and other maritime places, masters and mariners of ships and other places whatsoever, and other our officers, ministers, lieges and subjects whomsoever, as well on this side as beyond the sea, by land, sea or water, wheresoever they be stablished, that they be intendant, counselling, aiding and respondent in the premises to the same John and Henry or their factors, attorneys, deputies or servants having or to have sufficient power from the same John and Henry, and, if they die as is aforesaid, then to their heirs or executors, as often as and when they be duly requested by the same John and Henry or either of them or the others aforesaid or any of them on our behalf. In witness, etc. Witness the King at Westminster, 26 September. By writ of privy seal and of the date, etc.[234]

29. Grant of Liberties to the Merchants of Douai [Charter Roll, 45 Henry III, m. 4, No. 32.], 1260.

The King to archbishops, etc. Know ye that we have granted and by this our charter have confirmed for us and our heirs to our beloved burgesses and merchants of Douai that for ever throughout the whole of our land and power they have this liberty, to wit, that they or their goods, found in any place soever in our power, shall not be arrested for any debt for which they are not sureties or principal debtors, unless by chance such debtors be of their commune and power, having goods wherefrom they can make satisfaction for their debts in whole or in part, and unless the burgesses of Douai, by whom that town is governed, fail in justice to those who are of our land and power, and this can be reasonably ascertained; and that the said burgesses and merchants for ever be quit of murages on all their goods, possessions and merchandise throughout our whole realm; and that the burgesses and merchants aforesaid shall not lose their chattels and goods found in their hands or deposited elsewhere by their servants, so far as they can sufficiently prove them to be their own, for the trespass or forfeiture of their servants; and also[Pg 193] if the said burgesses and merchants or any of them die within our land and power testate or intestate, we or our heirs will not cause their goods to be confiscated so that their heirs should not entirely have them, so far as the same be proved to be the chattels of the said deceased, provided that sufficient knowledge or proof be had touching the said heirs; and that they with their merchandise may safely come into our land and power and stay there, paying the due and right customs; so also that if at any time there be war between the King of the French or others and us or our heirs, they be forewarned to depart from our realm with their goods within forty days. Wherefore we will and straitly command, for us and our heirs, that the aforesaid burgesses and merchants and their heirs for ever have all the liberties aforewritten throughout the whole of our land and power. And we forbid, upon our forfeiture of 10l., that any man presume to molest or annoy them in aught unjustly contrary to this liberty and our grant. These witnesses:—the venerable father H. bishop of London, Richard de Clare, earl of Gloucester and Hertford, Humphrey de Bohun, earl of Hereford and Essex, Hugh le Bygod, Philip Basset, Hugh le Despenser, our justiciar of England, James de Alditheleg, Roger de Mortuo Mari, John Maunsell, treasurer of York, Robert Walerand, and others. Given by our hand at Westminster, 24 November in the 45th year of our reign.[235]

The burgesses and merchants of Douai give the King 100 marks for this charter, which sum should be allowed in the 90l. in which the King is bound to them, whereof there is the King's writ of liberate at the King's Exchequer; and the writ should be searched for and the 100 marks noted therein.

30. Aliens at a Fair [Court Rolls, 178, 93, m. 3], 1270. Court of Wednesday [14 May, 1270].

Gottschalk of Almain, burgess of Lynn, makes plaint of the communities of Ghent, Poperingen, Douai, Ypres and Lisle, as men of the countess of Flanders, to wit, that whereas the same Gottschalk caused 14 sacks of wool worth 140 marks to be brought from the realm of England to Bruges in Flanders, to trade with it there, and lodged the wool at the house of one Henry Thurold on Sunday next after Ash Wednesday in the forty-ninth year of the reign of King Henry, the bailiffs of[Pg 194] the said countess came and arrested the said wool against the peace of the realm and still detain it. Wherefore the same Gottschalk, for the unjust detention of the wool aforesaid, made petition to the lord the King at Kenilworth and elsewhere until now; whereupon the lord the King many times directed his letters to the same countess, asking her to satisfy the same Gottschalk of the aforesaid wool or the price thereof, and she has hitherto neglected to do anything for the same Gottschalk, to his damage of 200 marks; and he produces suit. The aforesaid communities, being present, do not deny the accustomed words of the court [236] or the detention of the aforesaid wool or the damage of the aforesaid Gottschalk, but craved licence to consult forthwith on the matter and withdrew. And afterwards they came, making no defence against the charge of the said Gottschalk, but the men of Ypres presented a charter of certain liberties granted to them by the King's Court, stating that they should not be distrained for any debt unless they were the sureties or principal debtors. For the men of Lisle there came one Alard of Leeuw and showed a charter of the lord the King for himself only, stating that he should not be distrained unless he were a principal debtor or surety. Another man named Peter Blarie of Lisle says that he has no charter. The men also of the communities of Ghent and Douai [237] craved respite until Saturday to show their charters, which they say that they have from the King's Court, and that day was granted to them. The aforesaid Gottschalk, however, craved judgment for the default of the aforesaid merchants; and a day is given to the parties, to wit, to-morrow....

Be it remembered that Gottschalk of Almain, burgess of Lynn, gives to the lord a seventh part of all which he may recover against the communities of Ypres, Ghent, Douai, Poperingen and Lisle, to wit, of the 120 marks which he seeks for 14 sacks of wool detained to his damage of 200 marks.

31. Confirmation of Liberties to the Merchants of Almain [Patent Roll, 9 Edward I, m. 1], 1280.

The King to all to whom, etc., greeting. Whereas the lord King Henry, our father, of famous memory, lately granted by[Pg 195] his letters patent,[238] which we have inspected, at the instance of Richard, King of the Romans, our uncle, of good memory, to the merchants of the realm of Almain who have a house in the city of London commonly called the Gildhall of the Teutons, that he would maintain and protect them, all and singular, throughout the whole of his realm in all the same liberties and free customs which they have used and enjoyed in the times of him and his progenitors, and would not draw them nor in any wise permit them to be drawn out of such liberties and free customs, as is more fully contained in the letters aforesaid made thereon to the aforesaid merchants: We, wishing that favour to be continued to the same merchants, wish them to be maintained and protected in all the same liberties and free customs which they have used and enjoyed in the times of us and our progenitors, and we will not draw them or in any wise permit them to be drawn out of such liberties and free customs. In witness whereof, etc. Witness the King at Westminster, 18 November.

Unto the most honourable Lords, and rightful, the Mayor and Aldermen of the City of London, humbly pray the Weavers alien working in the same City, that the points and Ordinances underwritten may be granted and allowed to them, for the common profit of the land and of the City and for the saving of their said trade.

In the first place, that three good folks of the weavers alien may be ordained and sworn to keep and rule their trade, and the points underwritten.

Also, that if any alien shall come to the said city to work in the said trade, and to make his profit, he shall do nothing in the same before he shall have presented himself to the Masters alien of the said trade, and by the said Masters have been examined if he knows his trade or not; and thereupon, let orders be given by the said Masters what he shall take by the day for his work.[Pg 196]

Also that no one of the said trade of weavers alien shall be so daring as to work at the trade by night.

Also, that no one in the said trade shall work at the trade on Saturdays; or on the Eve of Double Feasts after None rung in the parish where he resides.

Also, if any workman has served his alien master by the day or by the week, and the said master will not pay the workman for his work, according as they shall have agreed, the good folks who shall be ordained and sworn to keep and rule their said trade, shall have power to forbid the said master to be so daring as to work at the said trade, until he shall have paid his workman what he is bound to pay him. And if he shall do the contrary, and be convicted thereof, let him pay to the Chamber the penalty that is underwritten.

Also, whereas heretofore, if any dispute occurred between a master alien in the said trade and his workman, such workman was wont to go to all the workmen within the City in the said trade, and by covin and conspiracy between them made, they would give orders that no one of them should work or submit to serve until the said master and his workman should have agreed; by reason whereof the masters of the said trade were in great trouble, and the people left unserved; it is ordered that, from henceforth if any dispute shall occur between any master alien and his workman in the said trade, the same dispute shall be rectified by the Wardens of the trade. And if any workman who shall have offended, or have misbehaved towards his master alien will not submit to be adjudged before the said Wardens, let such workman be arrested by a Serjeant of the Chamber at the suit of the said Wardens, and brought before the Mayor and Aldermen; and before them let him be punished, at their discretion.

Also, if any alien of the said trade shall be found doing mischief in the way of larceny, to the value of 12 pence; the first time, let him make amends to him against whom he shall have so offended, at the discretion of the Masters alien of the said trade. And if he shall be found guilty thereof a second time, let him be brought before the Mayor and Aldermen, and before them be punished according to his deserts.

Also if any alien of the said trade shall be found guilty in any point aforesaid, let him be amerced, the first time, in 40 pence, to the use of the Chamber; half a mark, the second[Pg 197] time; 20 shillings the third time; and the fourth time, let him forswear the trade in the said city, and every time, let him also pay 12 pence to the Wardens for their trouble.

John le Grutteret and Peter Vanthebrok, Flemings, and John Elias, Brabanter, were chosen on the 23rd day of February in the 36th year and sworn to keep and oversee the Articles aforesaid, and the alien men of the same trade.

This is the view of William Chervyle, surveyor and host ordained and deputed by Robert Clopton, late mayor of the city of London, upon John Mantel, captain of a carrack coming to Sandwich, and James Ryche, scrivan [240] of the said carrack, and James Douhonour, merchants, coming from Sandwich with the said carrack, to survey as well their merchandise found in their keeping and also coming afterwards, as the employment of the same, to wit, the said John Mantell and James Ryche between the 18th day of January, and James Dohonour between the 25th day of January in the 20th year of the reign of our sovereign lord King Henry the Sixth, until the feast of Michaelmas next following.

The merchandise coming and found in the said carrack of the said John Mantell and James Ryche and James Dohonour—

First, 14 butts of sweet wine.

Further, 30 barrels of the same sweet wine.

Further, 144 butts of sweet wine.

Further, 10 butts of currant raisins.

The merchandise sold by the said John Mantell, James Ryche and James Douhonour:—

The purchases made by the said John Mantell and James Ryche and James Dohonour for the employment of the merchandise aforesaid:—

34. An Offence against Stat. 18 Henry VI. for the Hosting of Aliens [Exch. K.R. Accounts, 128, 31, m. 28], 1440.

I, Stephen Stychemerssh, citizen of the city of London, certify your reverences, the venerable and discreet barons of the Exchequer of the most excellent prince, our lord the King, and all whose interest it is, that on the fifth day of the month of April in the 18th year of the reign of King Henry the Sixth, there were assigned to me, the aforesaid Stephen, by Robert[Pg 199] Large, then mayor of the city aforesaid, Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, their clerks, merchant strangers, to be under me, the aforesaid Stephen, as their host, to survey all and singular merchandise brought and hereafter to be brought by the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus into the city aforesaid and the suburbs of the same; and upon the assignment aforesaid so made by the aforesaid late mayor, I, the aforesaid Stephen Stychemerssh, went to the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus on the eighth day of April in the said 18th year in the parish of St. Peter in the ward of Bread Street, requiring them to be under my survey and governance according to the form of a Statute [published in the Parliament] holden at Westminster in the said 18th year; which Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, though often required by me and after the corporal pain of imprisonment had been inflicted by the aforesaid late mayor and other warnings put upon them, have altogether neglected and contemned and still neglect and contemn to obey or observe the aforesaid statute or ordinance, alleging for themselves certain letters patent [242] of the lord the king under his great seal to them and other merchants of Genoa of a licence granted to them by the said lord the King not to be under any such host, so that touching their merchandise brought from the said fifth day of the month of April or touching the sales of the same merchandise nothing at present has been done by me, nor could I have any knowledge thereof, contrary to the form of the statute or ordinance aforesaid.[243]

35. Imprisonment of an Alien Craftsman [Early Chancery Proceedings, 11, 455], c. 1440.

To the right reverend father in God, the bishop of Bath and Wells, Chancellor of England.

Meekly beseecheth your good and gracious lordship your[Pg 200] continual orator, Henry Wakyngknyght, goldsmith, tenderly to consider that whereas he, by the Mayor's commandment of London, caused by the subtle suggestion of the Wardens of the Craft of Goldsmiths of London, now late is imprisoned within the Counter in Bread Street, no cause laid against him but only that he is a stranger born, occupying his craft in London, so utterly intending to keep him still in prison for ever to his utter destruction and undoing—howbeit your said orator occupieth not his said craft openly in shops but privily, in no derogation of any franchise or custom of the goldsmiths of London—without your gracious lordship to him be shewed in this behalf. Wherefore please it your said gracious lordship, the premises considered, and also the holy time of Easter now coming, to grant unto your said orator a corpus cum causa directed to the Mayor and Sheriffs of London, commanding them by the same to bring up the body of the said Henry with the cause of his arrest before your lordship into the King's Chancery at a certain day by your lordship to be limited, there to answer in the premises as reason and conscience shall require, for the love of God and in way of charity.

[Endorsed.] Before the lord the King in his Chancery on Monday next, to wit, 23 March.

36. Petition against Usury [Parliament Roll, 50 Edward III, No. 158], 1376.

Further, the commons of the land pray that whereas the horrible vice of usury is so spread abroad and used throughout the land that the virtue of charity, without which none can be saved, is wellnigh wholly perished, whereby, as is known too well, a great number of good men have been undone and brought to great poverty: Please it, to the honour of God, to establish in this present Parliament that the ordinance [244] made in the city of London for a remedy of the same, well considered and corrected by your wise council and likewise by the bishop of the same city, be speedily put into execution, without doing favour to any, against every person, of whatsoever condition he be, who shall be hereafter attainted as principal or receiver or broker of such false bargains. And that all the Mayors and Bailiffs of cities and boroughs through[Pg 201]out the realm have the same power to punish all those who shall be attainted of this falsity within their bailiwicks according to the form of the articles comprehended in the same ordinance. And that the same ordinance be kept throughout all the realm, within franchises and without.

To the right reverend father in God, the Bishop of Lincoln and Chancellor of England.

Right humbly beseecheth unto your lordship your Orator William Elryngton of Durham, mercer, that whereas he now 4 years past and more had for a stock of one Richard Elryngton the sum of 30l., wherefore your said Orator was by his obligation bounden unto the said Richard in 40l. and odd silver; which sum of 30l. your said Orator should have to be employed in merchandise, during the space of 7 years, yielding yearly unto the said Richard, for the loan thereof 4l. of lawful money of England, and at the 7 years' end to yield whole unto the said Richard the said sum of 30l.; whereupon your said Suppliant occupied the said sum by the space of 2 years, and paid yearly unto the said Richard 4l.; and after that your said Orator, remembering in his conscience that that bargain was not godly nor profitable, intended and proffered the said Richard his said sum of 30l. again, which to do he refused, but would that your said Orator should perform his bargain. Nevertheless, the said Richard was afterward caused, and in manner compelled, by spiritual men to take again the said 30l., whereupon before sufficient record the said Richard faithfully promised that the said obligation of 40l. and covenants should be cancelled and delivered unto your said Orator, as reason is. Now it is so that the said Richard oweth and is indebted by his obligation in a great sum of money to one John Saumpill, which is now Mayor of Newcastle, wherefore now late the said Richard, by the mean of the said mayor, caused an action of debt upon the said obligation of 40l. to be affirmed before the mayor and sheriff of the said Town of Newcastle, and there by the space almost of 12 months[Pg 202] hath sued your said Orator, to his great cost, and this against all truth and conscience, by the mighty favour of the said mayor, by cause he would the rather attain unto his duty, purposeth now by subtle means, to cast and condemn wrongfully your said Orator in the said sum of 40l., to his great hurt and undoing, without your special lordship be unto him shewed in this behalf, wherefore please it your said lordship to consider the premise, thereupon to grant a certiorari, direct unto the Mayor and Sheriff of the said Town, to bring up before you the cause, that it may be there examined and ruled as conscience requireth, for the love of God and in way of charity.

SECTION VII

[Pg 203]1. Form of the taxation of a fifteenth and tenth, 1336—2. Disposition of a subsidy of tonnage and poundage, 1382—3. The king's prise of wines, 1320—4. The custom on wool, 1275—5. The custom on wine, 1302—6. The custom on general imports, 1303—7. Administration of the search, 1303—8. Provision for the currency and the search, 1335—9. Opinions on the state of English money, 1381-2.

The following documents illustrate in the first place the sources of royal revenue other than (a) the direct rents accruing to the King as a great landlord, (b) the payments due to him as feudal overlord, and (c) the profits of justice and administration, Nos. 1 and 2 representing the ordinary forms of Parliamentary grants, and Nos. 3 to 6 the prerogative right of the Crown to payments for the privilege of commercial intercourse by way of prise or custom; and in the second place the continuous efforts of mediæval governments to secure a good and easy currency (Nos. 7 to 9), a problem which they failed to solve either by the direct method of forbidding the export and controlling the import of money, or by the indirect method of insisting on the exchange of goods for goods by alien merchants frequenting the realm.

The principal modern writers dealing with the subject of this section are:—Dowell, History of Taxation and Taxes in England; Stubbs, Constitutional History; Hall, Customs Revenue; Shaw, History of Currency; Crump & Hughes, English Currency (Economic Journal, V.).

Contemporary authorities:—Wolowski, Traité de Nicholas Oresme.[Pg 204]

1. Form of the Taxation of a Fifteenth and Tenth [Fine Roll, 10 Edward III, m. 13], 1336.

This is the form which the assessors and taxers of the fifteenth, granted to our lord the King in his Parliament holden at Westminster on the Monday next after Sunday in mid-Lent last past, in the tenth year of his reign, by the earls, barons, freemen and the commonalties of all the counties of the realm, and also of the tenth there granted to our said lord the King in all the cities, boroughs and the ancient demesnes of the King, of the same realm, from all their goods which they had on the day of the said grant, ought to observe, and thereby to assess, tax, collect and levy the same fifteenth and tenth in the counties of Northumberland, Cumberland and Westmoreland, to wit, that the chief taxers without delay cause to come before them from each city, borough and other town of the counties, within franchise and without, the more lawful and wealthier men of the same places in such number that therefrom the chief taxers may sufficiently choose four or six of each town, or more if need be, at their discretion, by whom the said taxation and that which pertains thereto to be done may best be done and accomplished; and when they shall have chosen such, then they shall cause them to swear on the Holy Gospels, to wit, those of each town by themselves, that those so sworn will lawfully and fully enquire what goods each man of the same towns had on the said day within house and without, wheresoever they be, without any favour, upon heavy forfeiture, and will lawfully tax all those goods, wheresoever they have come from then till now by sale or otherwise, according to the true value, save the things below excepted in this form, and will cause them to be listed and put on a roll indented quite fully as speedily as they can, and to be delivered to the chief taxers one part under their seals, and retain by themselves the other part under the seals of the chief taxers, and when the chief taxers shall have in such wise received the indentures of those who shall be sworn to tax in cities boroughs and other towns, the same chief taxers shall lawfully and minutely examine such indentures, and if they discover that there is any defect they shall forthwith amend it, so that nothing be concealed, neither for gift nor for reward of a person taxed less than reason requires; and the King wills that the chief taxers go from hundred to hundred and from town to town, where[Pg 205] need shall be, to survey and enquire that the subtaxers in the same towns have fully taxed and valued the goods of every man, and if they find anything concealed, amend it forthwith and cause the Treasurer and Barons of the Exchequer to know the names of those who shall have so trespassed, and the manner of their misdeed; and the taxation of the goods of the subtaxers of the towns shall be made by the chief taxers and by other good men whom they choose so to do, so that their goods be well and lawfully taxed in the same manner as those of others. The taxation of the goods of the chief taxers and of their clerks shall be reserved to the Treasurer and Barons of the Exchequer. And the chief taxers, as soon as they shall have received the presentment of the subtaxers shall cause the fifteenth and tenth to be levied to the use of the King without delay and without doing favour to any man, in the form which is enjoined upon them by the commission. And they shall cause to be made two rolls of the said taxation agreeing in all points, and retain the one by them to levy the taxation and have the other at the Exchequer at the feast of St. Peter's Chains next coming, on which day they shall make their first payment. And be it known that in this taxation of the goods of the commonalty of all the counties there shall be excepted armour, mounts, jewels and robes for knights and gentlemen and their wives, and their vessels of gold and silver and brass, and in cities and boroughs shall be excepted a robe for the man and another for his wife and a bed for both, a ring and a buckle of gold or silver, and a girdle of silk, which they use every day, and also a bowl of silver or of mazer from which they drink. And the goods of lepers, where they are governed by a superior who is a leper, shall not be taxed or taken, and if the lepers be governed by a sound master, their goods shall be taxed like those of others. And be it remembered that from people of counties out of cities, boroughs and the king's demesnes whose goods in all exceed not the value of 10s., nothing shall be demanded or levied; and from the goods of people of cities, boroughs and the king's demesnes, which exceed not the value of 6s. in all, nothing shall be demanded or levied.[Pg 206]

2. The Disposition of a Subsidy of Tonnage and Poundage [K.R. Customs Accounts, 159, 4], 1382.

This indenture made between Thomas Beaupyne of Bristol and John Polymond of Hampton appointed in Parliament to make order for the safe keeping of the sea by means of the subsidy of 6d. in the pound and 2s. on the tun [of wine] on the coasts of the west, granted in the said Parliament for the same cause, of the one part, and William Bast of the other part, witnesseth that the said William has received from the said Thomas and John 180l. of the said subsidy to find a ship and a barge of 180 men to serve our lord the King on the sea for a quarter of a year, the said quarter beginning on Michaelmas Day next or within fifteen days after, as he shall deem best to be done, by the testimony of the mayor of Dartmouth or the admiral's lieutenant in those parts, taking from the commencement of the said voyage 20s. for each man for the said quarter, together with all the profit that he may seize from enemies in the mean time without impeachment, according to the form ordained and agreed upon in the said Parliament, to be on the sea for the preservation of English shipping according to their power, without making for the land of England unless it be through tempest of the sea or other reasonable cause during the said quarter; for the good and lawful performance of which voyage in the manner abovesaid the said William hereby binds himself, his heirs and executors, and all his goods and chattels, moveable and immoveable, to our said lord the King to perform the said voyage as is abovesaid; and the survey of the number of the said men, according to the form of this indenture, shall be made and witnessed by the admiral in those parts or his lieutenant. In witness whereof to these indentures the parties aforesaid have interchangeably put their seals. Written at Exeter, 24 August in the sixth year of the reign of King Richard the Second after the Conquest.

The King to his beloved clerk, Roger de Northburgh, keeper of his wardrobe, greeting. Whereas we lately confirmed certain ordinances made of late by the prelates and chiefs of our realm, and commanded the same to be observed in all and[Pg 207] singular their articles, and in those ordinances it is contained that all gifts and grants made by us to our loss and to the diminution of our crown after 16 March in the third year of our reign, on which day we made our commission to the aforesaid prelates and chiefs touching the making of the said ordinances, ... be wholly revoked, and afterwards we granted to Stephen de Abindon, our butler, our right prise of wines one tun of wine before the mast and one tun of wine behind the mast, at our will, he paying to the merchants from whom he should receive those wines in our name 20s. for each piece and 20s. to us for each piece in our wardrobe; which grant was made after the said 16 March, and is known to redound to our damage: We, wishing the said ordinances to be duly put into execution in this behalf, command you that you fully charge Stephen, in his account of the things pertaining to his office of butler to be rendered before you, with the wines of our right prise aforesaid for the whole time in which the same Stephen was our butler, notwithstanding our grant aforesaid and our commands afterwards following hereon. Witness the King at Odiham, 23 May [246].

For the new custom which is granted by all the great men of the realm and at the prayer of the communities of the merchants of all England, it is provided that in every county in the largest town where there is a port two of the more lawful and able men be elected, who shall have one piece of a seal in keeping, and one man who shall be assigned by that King shall have another piece; and they shall be sworn that they will lawfully receive and answer for the King's money, that is to say, on each sack of wool ½ mark, and on each 300 fells which make a sack ½ mark, and on each last [247] of hides 1 mark, that shall go out of the realm, as well in Ireland and Wales as in England, within the franchise and without.[Pg 208] Furthermore in every port whence ships can sail there shall be two good men sworn that they will not suffer wools, fells or hides to leave without letters patent sealed with the seal which shall be at the chief port in the same county; and if there is any man who goes otherwise therewith out of the realm, he shall lose all the chattels which he has and his body shall be at the King's will. And forasmuch as this business cannot be performed immediately, it is provided that the King send his letters to every sheriff throughout all the realm, and cause it to be proclaimed and forbidden through all the counties that any man, upon forfeiture of his body and of all his chattels, cause wools, fells or hides to be taken out of the land before the feast of Trinity this year, and thereafter by letters patent sealed with the seals as is aforesaid, and not otherwise, upon the aforesaid forfeitures. And the King has granted of his grace that all lordships, through the ports whereof wools or hides shall pass, shall have the forfeitures when they are incurred, each in its port, saving to the King ½ mark on each sack of wool and fells, and 1 mark on each last of hides.[248]

The King to Archbishops, etc., greeting. Touching the prosperous estate of the merchants of our duchy aforesaid [Aquitaine] a special care weighs upon us, in what wise under our lordship the immunity of tranquillity and full security may be secured to the same merchants for times to come; so, therefore, that their desires may be the more abundantly increased to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the same merchants for us and our heirs for ever in the form that follows:

First, that all merchant vintners of the duchy aforesaid, safely and securely, under our defence and protection, may come into our said realm of England and everywhere within our power with wines and other merchandise whatsoever and that within the same our realm and power, in cities,[Pg 209] boroughs and market-towns, they may traffic in gross [249] as well with denizens or inhabitants of the same realm as with aliens, strangers or friends (privatis), and that they may take or carry whither they will, as well within our realm and power aforesaid as also without, their merchandise which they shall happen to bring into the same our realm and power or to buy or otherwise acquire within the same our realm and power, and to do their will therewith, paying the customs which they shall owe, except only wines, which it shall not be lawful for them in any wise to take out of the same our realm and power without our will.

Further, that the said merchant vintners of the said duchy may lodge at their will in the cities and towns aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by the same vintners with any persons, whencesoever they be, touching all manner of merchandise, be valid and stable, so that neither of the merchants may disown that contract or withdraw from the same, after God's penny [250] shall have been given and received between the contractors. And if by chance a dispute arise on such a contract, proof shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we remit and quit to the said merchants of the said duchy that ancient prise of two tuns of wine which we used to take from every ship laden with wines touching within our realm or power, one, to wit, before the mast, and the other behind, promising further and granting to the same merchants for us and our heirs for ever that we will in no wise hereafter against the will of the same merchants make or suffer to be made the aforesaid prise or any other of wines or other their wares by us or another or others for any necessity or chance, without payment to be made forthwith according to the price at which the said merchants will sell wines and other wares to others, or other satisfaction wherewith they shall count themselves content, so that a valuation or estimation be not put upon their wines or other wares by us or our ministers.

Further, that on each tun of wine gauged, as the seller of the wine shall be bound to supply that which it lacks from the[Pg 210] gauge, so he shall be satisfied by the buyer of that which is over the gauge according to the price at which the tun of wine shall be sold.

Further, that as soon as ships with new wines touch within our realm and power, old wines, wheresoever they be found in towns or other places to which the said ships shall come, shall be viewed and proved, if they be whole and also uncorrupt, and of those who shall view the said wines, one moiety shall be of merchant vintners of the duchy aforesaid, and the other of good men of the town where this shall be done, and they shall be sworn to do the premises faithfully and without fraud, and they shall do the accustomed justice with corrupt wines.

Further, whereas it was of old time accustomed and used that the buyer and seller should pay 1d. for each tun for gauge, each of them, to wit, ½d., let it be so done hereafter and observed for a custom.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns, do speedy justice to the vintners aforesaid who complain before them of wrongs, molestations done to them, debts and any other pleas, from day to day without delay according to the Law Merchant, and if by chance default be found in any of the bailiffs or ministers aforesaid, whereby the same vintners or any of them shall sustain the inconveniences of delay, although the vintner recover his damages against the party in principal, nevertheless the bailiff or other minister shall be punished by us as his guilt demands, and that punishment we grant by favour to the merchant vintners aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the case of a crime for which the penalty of death is inflicted, where a merchant vintner of the duchy aforesaid shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs where there shall be a sufficient number of merchant vintners of the duchy aforesaid, and inquest should be made, one moiety of the inquest shall be of such merchant vintners of the duchy aforesaid, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if it shall happen that a sufficient number of merchant vintners of the duchy aforesaid be not found, there shall be put on the inquest those who shall be found there sufficient of themselves, and[Pg 211] the residue shall be of other good and sufficient men of the places in which that plea shall be.

Further, that no other exaction or charge of prest shall be in any wise put upon the wines of the said merchants.

Further, we have deemed fit to ordain, and we will that ordinance for us and our heirs for ever to be straitly observed, that for any liberty soever which we or our heirs shall grant hereafter, the aforesaid merchant vintners shall not lose the above written liberties or any of them; willing that those liberties extend only to the said merchant vintners of our duchy aforesaid. But for the abovesaid liberties and free customs the merchant vintners aforesaid have granted to us that on each tun of wine which they shall bring or cause to be brought within our realm or power, and whereon they shall be bound to pay freight to mariners, they shall pay by name of custom to us and our heirs, beyond the ancient customs due and paid in money whether to us or to others, 2s. within forty days after the same wines be put ashore out of the ships. And we will that the aforesaid merchant vintners, in respect of wines whereon they shall have paid to us the aforesaid custom of 2s. in one place of our realm or elsewhere within our power, shall be entirely free and quit of payment of the aforesaid custom of 2s. in all other places of our said realm and power; provided that for other merchandise whatsoever which they shall happen to employ within our realm and power they be held to pay to us the same customs which the rest of the merchants shall pay to us for such merchandise. These witnesses:—the venerable father, W. bishop of Coventry and Lichfield, John de Warenna, earl of Surrey, Roger le Bygod, earl of Norfolk and marshal of England, John de Britannia, Hugh le Despenser, William de Brewosa, Walter de Bello Campo, steward of our household, Roger le Brabazon, John de Merk and others. Given by the King's hand at Westminster, 13 August.

6. The Custom on General Imports [Charter Roll, 2 Edward III, m. 11, No. 37], 1303.[251]

Edward by the grace of God King of England, Lord of[Pg 212] Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful, greeting. Touching the good estate of all merchants of the underwritten realms, lands and provinces, to wit, Almain, France, Spain, Portugal, Navarre, Lombardy, Tuscany, Provence, Catalonia, our duchy of Aquitaine, Toulouse, Quercy, Flanders, Brabant, and all other foreign lands and places, by whatsoever name they be known, coming to our realm of England and staying there, an especial anxiety weighs upon us, in what wise under our lordship a means of tranquillity and full security may be devised for the same merchants for times to come: in order therefore that their desires may be rendered apter to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the said merchants for us and our heirs for ever as follows: First, to wit, that all merchants of the said realms and lands, safely and securely, under our defence and protection, may come into our said realm of England and everywhere else within our power with their merchandise whatsoever free and quit of murage, pontage and pavage,[252] and that within the same our realm and power in cities, boroughs and market-towns they may traffic in gross only [253] as well with denizens or inhabitants of the same our realm and power aforesaid as with aliens, strangers or friends (privatis), so nevertheless that the wares which are commonly called mercery and spices may be sold at retail as before was wont to be done, and that all the aforesaid merchants may cause their merchandise, which they chance to bring to our aforesaid realm and power or to buy or otherwise acquire within the same our realm and power, to be taken or carried whither they will as well within our realm and power aforesaid as without, except to lands of manifest and notorious enemies of our realm, paying the customs which they shall owe, wines only excepted, which it shall not be lawful for them in any wise to take away from the same our realm or power after they shall have been brought within the same our realm or power, without our will and special license.

Further, that the aforesaid merchants may lodge at their will in the cities, boroughs and town aforesaid, and stay with[Pg 213] their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by those merchants with any persons soever, whencesoever they be, touching any sort of merchandise, shall be valid and stable, so that neither of the merchants can withdraw or retire from that contract after God's penny shall have been given and received between the principal contracting persons; and if by chance a dispute arise on such a contract, proof or inquisition shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we promise to the aforesaid merchants for us and our heirs for ever, granting that we will in no wise make or suffer to be made henceforth any prise or arrest or delay on account of prise of their wares, merchandise or other goods by us or another or others for any necessity or case against the will of the same merchants, save upon immediate payment of the price for which the merchants can sell such wares to others, or upon satisfaction otherwise made to them, so that they hold themselves contented; and that no valuation or estimation be set by us or our ministers on their wares, merchandise or goods.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns do speedy justice to the merchants aforesaid who complain before them from day to day without delay according to the Law Merchant touching all and singular plaints which can be determined by the same law; and if by chance default be found in any of the bailiffs or ministers aforesaid whereby the same merchants or any of them shall sustain the inconveniences of delay, although the merchant recover his damages in principal against the party, nevertheless the bailiff or other minister shall be punished in respect of us as the guilt demands, and that punishment we have granted by way of favour to the merchants aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the ease of crime for which the penalty of death shall be inflicted, where a merchant shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs, where there shall be a sufficient[Pg 214] number of merchants of the aforesaid lands, and inquest should be made, one moiety of the inquest shall be of the same merchants, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if a sufficient number of merchants of the said lands be not found, there shall be put on the inquest those who shall be found there fit, and the residue shall be of other men good and fit of the places in which that plea shall be.

Further, we will, ordain and decree that in each markettown and fair of our realm aforesaid and elsewhere within our power our weight be set in a certain place, and before weighing the scales shall be seen to be empty in the presence of buyer and seller, and that the arms be level, and that then the weigher weigh level, and when he have put the scales on a level, forthwith move his hands away, so that it remain level; and that throughout our whole realm and power there be one weight and one measure, and that they be marked with the mark of our standard, and that each man may have scales of a quarter and less, where it shall not be against the lord of the place or a liberty granted by us or our ancestors, or against the custom of towns or fairs hitherto observed.

Further, we will and grant that a certain loyal and discreet man resident in London be assigned as justice for the said merchants, before whom they may specially plead and speedily recover their debts, if the sheriffs and mayors do not full and speedy justice for them from day to day, and that a commission be made thereon granted out of the present charter to the merchants aforesaid, to wit, of the things which shall be tried between merchants and merchants according to the Law Merchant.

Further, we ordain and decree, and for us and our heirs for ever we will that that ordinance and decree be straitly observed, that for each liberty which we or our heirs shall hereafter grant, the aforesaid merchants shall not lose the above written liberties or any of them. But for the obtaining of the aforesaid liberties and free customs and the remission of our prises to them, the said merchants, all and singular, for them and all others of their parts, have granted to us with one heart and mind that on each tun of wine which they shall bring or cause to be brought within our realm or power, whereon they shall be bound to pay freight to the mariners, they shall pay to us[Pg 215] and our heirs by name of custom 2s. beyond the ancient customs due and accustomed to be paid in money to us or others within forty days after the said wines be put ashore out of the ships; further, on each sack of wool which the said merchants or others in their name shall buy and take or cause to be bought and taken from our realm, they shall pay 40d. of increment beyond the ancient custom of half a mark which had before been paid; and for a last of hides to be carried out of our realm and power half a mark above that which before was paid of ancient custom; and likewise on 300 woolfells to be taken out of our realm and power 40d. beyond the xed sum which had before been given of ancient custom; further, 2s. on each scarlet and cloth dyed in grain; further, 18d. on each cloth wherein part of the grain is intermixed; further, 12d. on each other cloth without grain; further, 12d. on each quintal of wax.

And whereas some of the aforesaid merchants deal in other merchandise as avoir-du-pois and other fine goods, such as cloths of Tars, silk, cendals and other diverse wares, and horses also and other animals, corn and other goods and merchandise which cannot easily be put at a fixed custom, the same merchants have granted to give us and our heirs on each pound of silver of the estimation or value of such goods and merchandise, by what name soever they be known, 3d. in the pound at the entry of those goods and merchandise into our realm and power aforesaid within fifteen days after such goods and merchandise shall have been brought into our realm and power and there unladen or sold; and likewise 3d. on each pound of silver at the export of any such goods and merchandise bought in our realm and power aforesaid, beyond the ancient customs before given to us or others; and touching the value and estimation of such goods and merchandise whereon 3d. on each pound of silver, as is aforesaid, are to be paid, credit shall be given to them by the letters which they shall show from their lords or fellows, and if they have no letters, it shall stand in this behalf by the oaths of the merchants, if they be present, or of their yeomen in the absence of the same merchants. It shall be lawful, moreover, for the fellows of the fellowship of the merchants aforesaid to sell wools within our realm and power aforesaid to other their fellows, and likewise to buy from the same without payment[Pg 216] of custom, so, nevertheless, that the said wools come not to such hands that we be defrauded of the custom due to us.

And furthermore it is to be known that after the said merchants shall have once paid in the form aforesaid in one place within our realm and power the custom above granted to us for their merchandise, and have their warrant thereof, they shall be free and quit in all other places within our realm and power aforesaid of payment of such custom for the same merchandise or wares by the same warrant, whether such merchandise remain within our realm and power or be carried without, except wines which shall in no wise be taken out of our realm and power aforesaid without our will and license, as is aforesaid. And we will, and for us and our heirs we grant that no exaction, prise or prest or any other charge be in any wise imposed on the persons of the merchants aforesaid, their merchandise or goods, against the form expressed and granted above. These witnesses:—the venerable fathers, Robert, archbishop of Canterbury, primate of all England, Walter, bishop of Coventry and Lichfield, Henry de Lacy, earl of Lincoln, Humphrey de Bohun, earl of Hereford and Essex and constable of England, Aymer de Valencia, Geoffrey de Geynvill, Hugh le Despenser, Walter de Bello Campo, steward of our household, Robert de Bures and others. Given by our hand at Windsor, 1 February in the 31st year of our reign.

7. Administration of the Search for Money Exported [Chancery Miscellanea, 60, 5, 153], 1303.

To the most excellent lord, the lord prince Edward, by the grace of God King of England, Lord of Ireland, Duke of Aquitaine, his humble and devoted mayor and bailiffs of the town of Southampton, obedience, reverence and honour. We have received your command in these words:

Edward, by the grace of God, King of England, Lord of Ireland and Duke of Aquitaine, to his mayor and bailiffs of Southampton, greeting. Because we have learnt by an inquisition which we lately caused to be made by our beloved and trusty Robert de Glamorgan and John de la Lee, that Pelegrin de Castello, our merchant of Bayonne, wished to take the 24l.—which you, believing that he wished to carry the same to parts beyond the sea against our prohibition that no[Pg 217] man should carry any money or silver in bullion out of our realm, arrested on that account in a ship in our port of Southampton,—to the parts of Devon and Cornwall to buy there lead and tin and other merchandise, and not to parts beyond the sea against the prohibition aforesaid, as you charged against him: We command you, as we have before commanded, that, if the aforesaid 24l. have been arrested for the cause aforesaid and no other, then you cause the same to be delivered without delay to the aforesaid Pelegrin, or that you signify to us the cause wherefor you have refused or were unable to execute our command before directed to you thereon.

Wherefore we signify to you that the searchers of the town of Southampton aforesaid, by your writ of the wardrobe sealed with your privy seal directed to the said searchers on 7 January commanding the said 24l. to be brought to Odiham and delivered there into your said wardrobe [paid and delivered the same], of which payment and delivery of the said 24l. so made the aforesaid searchers have a due acquittance of receipt. And by the tenour of these presents we signify that for no other cause were the aforesaid 24l. arrested, save only in the form aforesaid. In witness whereof we transmit to you these our letters sealed with our seal. Given at Southampton, 9 March.

Wherefore the same Pelegrin sues for a writ of the lord the King to be directed to the keeper of the wardrobe of the lord the King, for satisfaction to be made to him according to the form of the return of the writ.

The King to the sheriff of York, greeting. Forasmuch as we have heard that many folk beyond the sea strive to counterfeit our good money, the sterling of England, with worse money, and to send this bad money into our realm, to the deception of us and the damage and oppression of our people if a remedy be not set thereto; we, willing to prevent such damages and oppressions, and to provide a suitable remedy hereon and that our said good money may be multiplied within our realm and the lands of our power, to the profit of us and our subjects, by assent of the prelates, earls and barons of our said realm assembled in our Parliament holden at York on the morrow[Pg 218] of the Ascension last past, have ordained and established the things that ensue in the manner underwritten:—

First, it is provided that no man of religion or other henceforth carry the sterling out of the realm of England, nor silver in plate, nor vessels of gold or silver, on pain of forfeiture of the money, plate or vessel that he shall carry, without special licence from us.

Further, that no false money nor counterfeit sterling be brought into the realm or elsewhere in our power, on pain of forfeiture of the money; so always that all folk of what realms or power soever they be, may safely bring to the exchanges for bullion and not elsewhere silver in plate, vessels of silver and all manner of moneys of silver, of what value soever they be, save false money and counterfeit sterling, and there receive good and suitable exchange.

And that no sterling halfpenny or farthing be molten to make a vessel or other thing by goldsmiths or others on pain of forfeiture of the money so molten, and that the goldsmith or other who shall have so molten it, be put in prison and there stay until he shall have rendered to us the moiety of that which he shall have so molten, notwithstanding charter or franchise granted or used to the contrary.

And that all manner of black money now commonly current in our realm and power be utterly excluded, so that none be current after the month next after proclamation be made, on pain of forfeiture of the same money.

And that every man who will sue for us against such as shall commit fraud against this ordinance be admitted hereto and have the fourth penny of that which shall be so deraigned at his suit to our profit.

And that the mayor or bailiffs in every port where merchants and ships are take oath of the merchants and masters of ships going and returning that they will commit no fraud against this ordinance in any point.

And that there be a table of exchange at Dover and elsewhere where and when it shall seem good to us and our council to make exchanges. And that the wardens of the said tables make exchanges by testimony of the controllers whom we will appoint there.

And that no pilgrim pass out of our realm to the parts beyond the sea except at Dover, on pain of imprisonment for[Pg 219] a year. And that good ward and strict be made in all places on the seacoast in ports and elsewhere where there is any manner of landing, by good and lawful men sworn, who in our name shall cause diligent search to be made that none, of what condition or estate soever he be, take sterling money, silver in plate, or vessel of gold or silver out of our realm without our licence, nor bring into the said realm or power false money or counterfeit sterling, as is aforesaid, on the pains and forfeitures aforesaid. And the money, vessel or plate so forfeited shall be delivered at our exchanges by indenture, whereof the one part remaining with the searchers shall be delivered at the Exchequer, and by the same indentures the warden of the exchanges shall be charged with that which he shall have received.

And that the searchers have of our gift for all their work the fourth penny of as much as they find so forfeited. And if the searchers make release or show favour to any and be attainted hereof they shall be liable to forfeiture of as much as they shall have in goods; and that the hostlers in every port where there is passage shall be sworn to make search upon their guests in like manner as the searchers shall do, and shall have the fourth penny of that which they find forfeit to us, as the said searchers shall have. And it is our intention that the said searchers have power to search the hostels and to inform themselves of the doings of hostlers; and that the hostlers, in case they be found deceitful against the said articles, shall be punished and incur the forfeiture aforesaid.

Wherefore we command you, straitly enjoining, that forthwith upon sight of these letters you cause all the articles and points aforesaid to be cried and published in cities and boroughs, market towns, ports and all other places within your bailiwick, as well within franchise as without, where you shall see fit so to do; and that in all other places within your bailiwick where need shall be, except the places where such wardens and searchers shall be deputed by us, you cause such searchers and wardens to be established and sworn to keep and observe this our ordinance in the form aforesaid, on the pains contained in this form; and that you certify the Treasurer and Barons of our Exchequer without delay of the names of those who shall be hereafter assigned by you as[Pg 220] searchers and wardens. Given under our great seal at York, 6th June in the 9th year of our reign.

The oath of the searchers.—You shall swear that you will well and lawfully make search of all the things contained in your commission whereof search ought to be made according to the commission, and that you will lawfully perform all the other things contained in the same, and that you will lawfully charge yourself with that which you shall find forfeited to the King and will make a lawful indenture thereof and render a lawful account, and that you will spare none for love or for favour, to have private gain, whereby the King may be a loser. So help you God and his saints.

9. Opinions of Officers of the Mint on the State of English Money [Rot. Parl., III., 126-7], 1381-2.

To our lord the King and to all the lords and commons of his realm, make known, as they have often done before these times without being heard, the officers over the moneys of the Tower of London, how for lack of good ordinance no gold or silver comes into England, but of that which is in England a great part has been and from day to day is carried out of the land, and that which remains in England by fault of the deceit of clippers and otherwise is become right feeble, and from day to day such damage increases. Wherefore please it you to take good counsel and remedy hereon, otherwise we, the said officers, warn you, and before God and before you we will be excused, that if you do not apply a speedy remedy thereto in short time to come, where you think to have 5s. you will not have 4s.

Richard Leicester.—First, as to this that no gold or silver comes into England, but that which is in England is carried beyond the sea, I maintain that it is because the land spends too much in merchandise, as in grocery, mercery and peltry, or wines, red, white and sweet, and also in exchanges made to the Court of Rome in divers ways. Wherefore the remedy seems to me to be that each merchant bringing merchandise into England take out of the commodities of the land as much as his merchandise aforesaid shall amount to; and that none[Pg 221] carry gold or silver beyond the sea, as it is ordained by statute. And let a good ordinance be made hereof, as well by search as otherwise. And so meseems that the money that is in England will remain, and great quantity of money and bullion will come from the parts beyond the sea.

As to this, that the gold is right feeble because of clipping, there seems to me no other remedy than that gold be generally weighed by those who shall take it; and hereon let proclamation be made, and this will be a smaller loss than to change the money, as may be more fully declared.

As to this, that there is a great lack of halfpence and farthings, the Master is bound by his indenture to make halfpence according to the quantity of his work of silver. Let the Warden of the Mint be charged to survey that the Master of the Mint do in all points that which appertains to his office.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed. And to change the money in any manner seems to me universal damage to the lords, commons and all the realm, as may be more fully declared.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of moneys, as well of Flanders, Scotland and all other countries beyond the sea whatsoever, be forbidden from having any currency in England, and that none take them in payment except to bring them for bullion to the coinage of our lord the King.

Further, it will be altogether for the better and a very great profit to all the commons, that of the gold money now current, which is so clipped and otherwise impaired, that of this money, when it shall come to the Tower and to the coinage, henceforth our lord the King take for his seigneurage, and the Master for the work for him and his other officers, nothing more than 10d. in the pound.

Further there will be an increase of the money and profit to the whole realm if of all other bullion the King take only 12d. for his seigneurage and the Master of the Mint 12d. for his work.

Lincoln, Goldsmith.—To the noble lords of the Council of our lord the King, touching the charge which you have given me, please you to take note of this answer.

Touching the first article, that gold and silver is taken out[Pg 222] of the realm, the first remedy against this is that no clerk or purveyor be suffered to take any silver or gold or to make any exchange to be taken to the Court of Rome, and no merchant be suffered to pay any money but only merchandise for merchandise; and also that the money of the Noble, at the same weight that it now is, be put at a greater value.

And touching the second article, the remedy is that all the money be of one weight, so that the money that is not of the weight ordained be bought according to the value.

And touching the third article, the remedy is that halfpence and farthings be made in great plenty.

And touching the fourth article, the remedy is that there be one weight and one measure throughout the realm and that no subtle weight be suffered.

And touching the fifth article, the remedy is contained above in the first article.

Richard Aylesbury.—As to this, that no gold or silver comes into England, but that which is in England is carried beyond the sea, we maintain that if the merchandise which goes out of England be well and rightly governed, the money that is in England will remain and great plenty of money will come from beyond the sea, that is to say, let not more strange merchandise come within the realm than to the value of the denizen merchandise which passes out of the realm.

Further he says that it were good if the Pope's Collector were English and the Pope's money were sent to him in merchandise and not in money, and that the passages of pilgrims and clerks be utterly forbidden, upon pain, etc.

And as to this, that the gold is too feeble because of clipping, there seems to us no other remedy than that the gold be generally weighed by those who shall take it, and hereon let proclamation be made.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed, and to this we dare not assent for the common damage that might befall.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of money of Scotland be forbidden. Let other moneys also that come from beyond the sea have no currency in England, and let none take them in payment except at the value to bring for bullion and to the coinage of our lord the King. And let none take gold or silver out of the realm beyond the sea, as it is ordained by Statute, and hereof let good ordinance be made as well by search as otherwise.

And further he says, if it please by way of information, that [it would be well] if the pound of gold that is now made in the Tower to the sum of 45 nobles (which pound, because the money thereof is so clipped and otherwise impaired, is worth at present, taking one with another, 41½ nobles), were made into 48 nobles, the noble to be current at the present value; and let the King and the Master and other officers of the Mint take 20d. in each pound for the seigneurage and work and every other thing.

PART II: 1485-1660

SECTION I

1. Villeinage in the Reign of Elizabeth, 1561—2. Customs of the Manor of High Furness, 1576—3. Petition in Chancery for Restoration to a Copyhold, c. 1550—4. Petition in Chancery for Protection against Breach of Manorial Customs, 1568—5. Lease of the Manor of Ablode to a Farmer, 1516—6. Lease of the Manor of South Newton to a Farmer, 1568—7. The Agrarian Programme of the Pilgrimage of Grace, 1536—8. The Demands of the Rebels led by Ket, 1549—9. Petition to Court of Requests from Tenants Ruined by Transference of a Monastic Estate to lay hands, 1553—10. Petition to Court of Requests to stay Proceedings against Tenants pending the hearing of their Case by the Council of the North, 1576—11. Petition from Freeholders of Wootton Basset for Restoration of Rights of Common, temp. Charles I.—12. Petition to Crown of Copyholders of North Wheatley, 1629—13. An Act Avoiding Pulling Down of Towns, 1515—14. The Commission of Inquiry Touching Enclosures, 1517—15. An Act Concerning Farms and Sheep, 1533-4—16. Intervention of Privy Council under Somerset to Protect Tenants, 1549—17. An Act for the Maintenance of Husbandry and Tillage, 1597-8—18. Speech in House of Commons on Enclosures, 1597—19. Speeches in House of Commons on Enclosures, 1601—20. Return to Privy Council of Enclosers furnished by Justices of Lincolnshire, 1637—21. Complaint of Laud's Action on the Commission for Depopulation, 1641.

The agrarian changes which attracted attention from the latter part of the fifteenth century to the accession of Elizabeth, and again, to a less degree, at intervals between 1558 and 1660, are a watershed in economic history, separating mediæval from modern England as decisively as did, in other departments of national life, the Reformation and the Tudor monarchy. For the controversial questions surrounding their[Pg 228] causes and consequences we must refer the student to the list of books given below. All that can be attempted here is to notice the special points upon which the following documents throw light.

In arranging the documents in this section it seemed best not to group them in strict chronological order, but to place together those relating to similar aspects of the subject. Documents 1 to 6 illustrate the status and tenure of different classes of landholders. By the beginning of the sixteenth century personal villeinage has almost disappeared; only one document therefore (No. 1) is given to it. Nor has it seemed necessary to print documents referring specially to the freeholders who, compared with other classes of tenants, were little affected by the agrarian changes. On the other hand, the position of the customary tenants, and of the lessees who farmed manorial demesnes, raises important questions. Documents 2 to 4 illustrate manorial customs and the way in which cases between lords and copyholders turned upon them (Nos 3 and 4). Without entering into controversial questions with regard to copyhold tenure one may say (a) that it is customary or villein tenure to which the courts from the beginning of the fifteenth century, first the court of Chancery—before which both these cases come—and then the Common Law courts, have given protection, (b) that what the Courts do is to enforce manorial customs, which vary from place to place. It is, therefore, essential for a tenant who wants, e.g., to be protected against eviction (No. 3), or against loss of profitable rights (No. 4) to show that the lord is committing a breach of the custom. Hence the dispute (No. 3) as to whether the land at issue is customary land or part of the lord's demesnes. If it is the former the tenants are likely to be protected by the Courts: if it is the latter, they are not. The position of the capitalist farmer, who played so large a part in the rural economy of the sixteenth century, is illustrated by documents 5 and 6. No. 5 is specially interesting as showing how the earlier practice of dividing up the demesne lands among numerous small tenants was replaced by that of leasing them[Pg 229] in a block to one large farmer. Documents 7 to 12 illustrate certain points which have already been mentioned, e.g., the importance of manorial customs (Nos. 8, 10 and 12). But their peculiar interest consists in the light which they throw on the grievances of the peasants. They suffer from enclosing (Nos. 7, 8, 10, 11), from excessive fines (Nos. 8, 9, 10, 12), and from rack renting (Nos. 8, 9, 12). They are gravely prejudiced by the land speculation following the dissolution of the monasteries (No. 9). They are too poor and too easily intimidated to get redress even when they have a good case (Nos. 10, 11, 12). The justices who ought to administer the acts against depopulation depopulate themselves (No. 8). The peasants' main resource is the Crown and its Prerogative Courts (Nos. 8, 9, 10, 12). Surely the government will protect men who make good soldiers and pay taxes (No. 12)! Occasionally, however, they have some hope of Parliament, e.g., in 1536, when the royal officials are in bad odour in the North (No. 7), and under Charles I (No. 11). The exact date of this last document is uncertain. May it not be 1640-1, when the Long Parliament was going to restore all good customs?

Documents 13 to 21 illustrate the policy of the government towards the agrarian problem. The government tried to stop depopulation partly for financial and military reasons, partly through a genuine dislike of economic oppression. Its main instruments were four, namely:—(a) Statutes (Nos. 13, 15, 17, 18, and 19). Between 1489 and 1597 11 Acts were passed which had as their object the prevention of depopulation, viz., 4 Hen. VII, c. 19, 6 Hen. VIII, c. 5, 7 Hen. VIII, c. 1, 25 Hen. VIII, c. 13, 27 Hen. VIII, c. 22, 5 and 6 Ed. VI, c. 5, 2 and 3 Phil. and Mary, c. 2, 5 Eliz. c. 2, 31 Eliz. c. 7, 39 Eliz. c. 1, 39 Eliz. c. 2,. All these were repealed by 21 James I, c. 25, except the last, which was repealed by the Statute Law Revision Act of 1863. (For a summary of these Acts see Slater, The English Peasantry and of the Enclosure Common Fields, App. D.) (b) Royal Commissions. The first (No. 14) was appointed in 1517: 6 others followed, in 1548, 1566, 1607, 1632, 1635, and 1636 (No. 21). (c) Intervention by the Privy Council[Pg 230] (Nos. 16 and 20). (d) The Prerogative Courts; viz., the Court of Requests (Nos. 9 and 10), the Court of Star Chamber (No. 21), the Council of the North (No. 10), and the Council of Wales (Acts of the Privy Council, New Series, Vol. XXX, pp. 36-7). How far their intervention was successful is an open question, for a discussion of which reference must be made to the books mentioned below.

The more accessible of the modern writers dealing with agrarian conditions from 1485-1660 are:—Cunningham, English Industry and Commerce, Early and Middle Ages, and ibid., Modern Times, Part I; Ashley, Economic History, Vol. I, Part II; Nasse, The Land Community of the Middle Ages; Gonner, Common Land and Inclosure; Page, The End of Villeinage in England; Hasbach, The English Agricultural Labourer; Prothero, Pioneers and Progress of English Agriculture, and A History of English Farming; Johnson, The Disappearance of the Small Landowner; Tawney, The Agrarian Problem in the Sixteenth Century; Russell, Ket's Rebellion in Norfolk; Leadam, The Domesday of Inclosures, and in Trans. R.H.S. New Series, Vol. VI; Gay, in Trans. R.H.S., New Series, Vols. XIV and XVIII, and in The Quarterly Journal of Economics, Vol. XVIII; Leonard, Trans. R.H.S., New Series, Vol. XIX; Savine in The Quarterly Journal of Economics, Vol. XIX. A useful summary of the principle Statutes against Depopulation is given by Slater, The English Peasantry and the Enclosure of the Common Fields, App. D.

Full bibliographies of this subject are given in Two Select Bibliographies of Mediæval Historical Study, by Margaret E. Moore, and in A Classified List of Printed Original Materials for English Manorial and Agrarian History, by Francis G. Davenport. The following list of sources does not pretend to be exhaustive.

(1) Documents relating to agrarian history are printed in the following works:—Northumberland County History; Baigent, Crondal Records; Surveys of Lands belonging to William, first Earl of Pembroke (Roxburghe Club); Topographer and Genealogist, Vol. I, Surveys of Manors Belonging to the Duke of Devonshire; Chetham Society, Survey of the Manor of Rochdale (ed. by Fishwick); Davenport, History of a Norfolk Manor; Scrope, History of the Manor and Barony of Castle Combe; Strype, Ecclesiastical Memorials; Selden Society, Select Cases in the Court of Star Chamber and Select Cases in the Court of Requests (both edited by[Pg 231] Leadam); Leadam, The Domesday of Enclosures; Tawney, The Agrarian Problem in the Sixteenth Century, App. I; Cunningham English Industry and Commerce, Modern Times, Vol. I, App. B.

(2) The principal contemporary literary authorities are as follows:—J. Rossus (Rous), Historia regum Angliæ (about 1470, edited by T. Hearne); More, Utopia (1516); Starkey, A Dialogue between Cardinal Pole and Thomas Lupset (about 1537, Early English Text Society, England in the Reign of King Henry VIII); Forest, The Pleasant Poesy of Princely Practice (1548, ibid.); Fitzherbert, Surveying (1539), and Book of Husbandry (1534); Select Works of Crowley (Early English Text Society); Lever's Sermons (Arber's Reprints); The Common Weal of this Realm of England (about 1549, edited by E.M. Lamond); Certain causes Gathered Together wherein is shewed the Decay of England only by the great Multitude of Sheep (Early English Text Society); Tusser, Five Hundred Points of Good Husbandry (1572); Stubbes, Anatomy of the Abuses in England (1583); Harrison, The Description of Britain (1587, most accessible in Furnivall's Elizabethan England); Trigge, The Humble Petition of Two Sisters (1604); Norden, The Surveyor's Dialogue (1607); Standish, The Common's Complaint (1612), and New Directions of Experience to the Common's Complaint (1613); Bacon, The History of King Henry VII (1622); Powell, Depopulation Arraigned (1636); Fuller, The Holy and Profane State (1642); Halhead, Enclosure Thrown Open, or Depopulation Depopulated (1650); Moore, The Crying Sin of England in not Caring for the Poor (1653); and A Scripture Word Against Enclosure (1656); Pseudonismus, Considerations Concerning Common Fields and Enclosures (1653); Lee, A Vindication of a Regulated Enclosure (1656).

1. Villeinage in the Reign of Elizabeth [Tingey. Selected Records of Norwich, Vol. VI, p. 180], 1561.

Robert Ringwood brought in a certain indenture wherein Lewis Lowth was bound to him to serve as a prentice for seven years, and Mr. John Holdiche came before the Mayor and other Justices and declared that the said Lewis is a bondman to my Lord of Norfolk's grace, and further that he was brought up in husbandry until he was xx years old. Whereupon he was discharged of his service.[254]

2. Customs of the Manor of High Furness [R.O. Duchy of Lancaster; Special Commissions; No. 398], 1576.

3. That the jury ought to present at the court after every tenant's death or alienation, and who is his heir, and which tenant hath aliened, and to whom, and what, and who ought to be admitted tenant to the same, which presentment and admittance ought to be made in open court and be entered by the steward ... in this form.

Ad hanc curiam juratores presentant quod C.D. tenens customarius hujus manerii, seisitus in dominico suo ut de feodo secundum consuetudinem manerii unius messuagii etc, post ultimam curiam alienavit tenementa predicta cuidam H.F. habenda et tenenda eidem H.F. et heredibus suis secundum consuetudinem manerii, per quod predictus H.F. per consuetudinem manerii debet solvere dominae Reginae pro ingressu suo inde habendo 20s.

4. No person shall hereafter sell his customary tenement or any part of it, before he first be admitted tenant or come to court, and require to be admitted ... offering his fine for the same.

The purchaser of any tenement shall publish the sale at the next court after the purchase, and cause it to be entered on the rolls, that her Majesty may be duly answered of the fines, forfeitures and duties as well of the seller as the purchaser [penalty 20s.]. Any purchaser not so coming to the second court after the purchase shall forfeit 40s., and the lands purchased shall be seized by the steward.

5. As heretofore dividing and portioning of tenements hath caused great decay chiefly of the service due to her Highness for horses, and of her woods, and has been the cause of making a great number of poor people in the lordship, it is now ordered that no one shall divide his tenement or tenements among his children, but that the least part shall be of the ancient yearly rent to her Highness of 6s. 8d., and that before every such division there shall be several houses and ousettes for every part of such tenement.

Provided always that it be lawful for any one, who has bought any tenement or farmhold under the yearly rent of[Pg 233] 6s. 8d. having houses and ousette upon it, which has been used as a dwelling house, [to leave it] to which of his children he thinks best.

And no person holding any part of any tenement shall bargain or put it away to any person except that person who is tenant of the residue of the tenement, if he will buy it at a reasonable price. If not, the tenant may sell it to any other customary tenant of the manor.

10. Every customary tenant and occupier shall uphold his houses according to our custom, forfeiting 6s. 8d. toties quoties.

11. No person shall fell timber without delivery of the bailiff, who shall deliver necessary timber to every tenant or occupier according to our custom.

12. No tenant or occupier shall sell underwood, etc., nor cut down any other man's wood in the lordship. Penalty 3s. 4d., half to her Highness, half to the party grieved. Every tenant so grieved may have his action for damages in the court of the lordship.

1. Any tenant, lawfully seised of a messuage or tenement in fee to him and his heirs according to the custom of the manor, might and may lawfully give or sell the same by writing, and that the steward or his deputy ought to be made privy to it at or before next court under penalty of 20s.

The tenant may without the privity of the steward give his tenement in writing by his last will to which of his sons he thinks best, or any other person. If any customary tenant die seised of an estate of inheritance without a will or devise, then his eldest son or next cousin ought to have the tenement, as his next heir, according to the custom of the manor.

2. If any customary tenant die seised of a customary tenement, having no sons but a daughter or daughters, then the eldest daughter being unpreferred in marriage shall have the tenement as his next heir, ... and she shall pay to her younger sister, if she have but one sister, 20 years' ancient rent, as is answered to her Majesty; and if she have more than one sister, she shall pay 40 years' ancient rent to be equally divided among them.[Pg 234]

3. The widow of any customary tenant having any estate of inheritance ought to have her widowright, viz., one-third of the same, as long as she is unmarried and chaste, according to our custom.

4. For the avoiding of great trouble in the agreements with younger brothers, it is now ordered that the oldest son shall pay to his brothers in the form following:—

Provided that any father being a tenant may make a will dividing the money among his sons as he think best, provided he exceed not these sums and rates.

5. Whereas great inconvenience has grown by certain persons that at the marriages of sons or daughters have promised their tenements to the same son or daughter and their heirs according to the custom of the manor, and afterwards put the tenement away to another person, it is ordered, that whatever tenements a tenant shall promise to his son or daughter being his sole heir apparent at the time of his or her marriage, the same ought to come to them according to the same covenant, which ought to be showed at the next court.

6. If a tenant has a child, not his heir, an idiot or impotent, and die without disposition of his tenement, the same child shall be sustained out of the said tenement by direction of the steward or his deputy and 4 men sworn in court.

7. Finally be it agreed that no bye-law shall be any way prejudicial to her Majesty.

3. Petition in Chancery for Restoration to a Copyhold [Record Commission. Chancery Proceedings, Ed. VI], c. 1550.

To quiet Plaintiff in possession of certain land holden of the manor of Cromwell in Wymondham by copy of court roll, according to the custom of the said manor.

To the right honorable Sir Richard Rich, knight, lord Rich and lord Chancellor of England.

In most humble wise sheweth and complaineth unto your[Pg 235] lordship your daily orators, Richard Cullyer of Wymondham in the county of Norfolk, yeoman, and John Cullyer his son, that where one Edmund Mychell was seised in his demesne as of fee of and in twenty acres of land lying in Wymondham aforesaid, holden of the manor of Cromwell, in Wymondham aforesaid, by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, which twenty acres of land have used to be demised and demittable by copy of court roll for term of life, lives, or in fee, to be holden at will of the lord of the said manor by copy of court roll, according to the custom of the said manor time out of remembrance of man; and the said Edmund Mychell, so being seised of the said twenty acres, for a sum of money to him paid by the said Richard Cullyer, the father, did surrender the said twenty acres according to the custom of the said manor, by the name of twenty acres of bond land enclosed in a close called Reading, in Brawyck, in Wymondham aforesaid, into the hands of the lords of the said manor by the hands of William Smythe, in the presence of Geoffry Symondes and John Love, being then copyholders of the said manor, to the use of your said orators, their heirs and assigns: By force whereof your said orators, after that they had paid the accustomable fine due for the same to the lords of the said manor, were admitted tenants thereof, to hold the same, to them and their heirs, at will of the lord of the said manor by copy of court roll, according to the custom of the said manor, and from the time of the said surrender which was made, as is aforesaid, thirty years past; and continued seised of the said twenty acres in their demesne as of fee, as tenants at will, by copy of court roll, according to the custom of the said manor; and have received and taken the profits thereof, doing and paying the rents, customs and services of the same to the lords of the same manor, according to the custom of the said manor; and at their great travail, costs, and charges have stubbed, drained, and dyked the premises, whereby they have improved the said twenty acres and made it much better than it was at the time that the same was surrendered to them as is aforesaid: And now so it is, right honorable lord, that the moiety of the said manor is descended to one Thomas Knyvett esquire, as son and heir to Sir Edmund Knyvett, knight, deceased, who, of a covetous mind, contrary to the mind and without the assent of one[Pg 236] John Flowrdew, gentleman, who is tenant in common with him of the said manor land, of late claimed ten acres of the said twenty acres to be the demesnes of the said manor, and have prohibited your said orators to occupy the same ten acres; and because your said orators doth not leave the occupation thereof, the said Thomas Knyvett hath divers times disturbed the possession of your orators in the premises by taking of divers distresses, and now of late have taken and distrained in the said close four steers and one bull of the value of five pounds, of the goods and chattels of the said John Cullyer, one of your said orators; which the said Thomas did impound and withhold from your said orators until deliverance was made to him thereof by virtue of the King's majesty's writ of replevin; which writ of replevin is removed into the King's court of his common pleas at Westminster, by a writ of recordere facias [sic], where the said suit doth yet depend undetermined; and forasmuch as your said beseechers have no better estate in the premises but as copyholders according to the custom of the said manor, and that the court rolls of the said manor, whereby your beseechers should prove the said twenty acres to be an ancient copyhold land, do remain in the possession of the said Thomas Knyvett, and for that also that your orators be poor men and the said Thomas Knyvett a gentleman of great worship, your said poor orators be most like to lose their said land, and to be clearly without remedy in the premises, unless your lordship's favour be to them shewed in that behalf: In consideration whereof, it may please your lordship to grant the King's most gracious writ of subpœna, to be directed to the said Thomas Knyvett, commanding him by virtue thereof personally to appear before your lordship in the King's most honorable court of Chancery at a certain day, and under a certain pain, by your lordship to be appointed, then and there to answer the premises, and further to abide to such order therein as shall seem to your lordship agreeing to equity and good conscience; and your poor orators shall daily pray for the prosperous estate of your good lordships in honour long to continue.

The answer of Thomas Knivet, esquire, to the bill of complaint of Richard Cullyer and John Cullyer, plaintiffs.

The said defendant saith, that the said bill of complaint[Pg 237] is uncertain and untrue in itself, and insufficient in the law to be answered unto, and that the matters therein contained be untruly surmised by the said complainants to the only intent to put the said defendant to vexation, trouble and cost, and is grounded of malice, they the said complainants having no colour of right, title, nor interest unto the said land mentioned in the said bill of complaint; and he, the said defendant, to the matters contained in the same bill, doth think that he by the order of the right honorable court shall not be compelled any further to answer, but be dismissed out of the same for the insufficiency thereof, with his reasonable costs and charges by him sustained in that behalf; Yet nevertheless, if he, the said defendant, shall be compelled any further to answer to the same bill, then he, the same defendant, for further answer saith that the said land, lying in Brawyck Reading mentioned in the said bill of complaint, is and have been time out of mind parcel of the demesnes of the said moiety of the said manor of Cromwell, in Wymondham; and he, the said defendant, for further answer saith, that one Sir Edmund Knyvett, father to the said defendant, and all his ancestors of long time before him, have been seised of one estate of inheritance of the moiety of the said manor, and one-half of the said manor of Cromwell, and that the said Sir Edmund, and all his ancestors, of long time have been seised of the premises with the appurtenances as parcel of the said manor, in their demesne as of fee, and had the possession thereof, and so seised, died thereof by protestation seised; after whose death the premises descended and came and of right ought to descend and come unto the said defendant, as to the son and next heir of the said Sir Edmund, by force whereof he, the same defendant, entered into the premises, and was and is thereof seised in his demesne as of fee, and the same complainants, claiming the premises by force of a surrender made unto them, the said complainants, by one Edmund Mychell in the time of one [blank] being guardian of the said Sir Edmund, and having the custody of the body and lands of the said Sir Edmund during his minority, where nothing in right nor law can pass by the same surrender, but the same is utterly void to bind the said defendant, did enter; upon whom the said defendant did re-enter, as it was lawful for him to do, without that the said Edmund Mychell was lawfully seised in his demesne as of fee, of the[Pg 238] lands mentioned in the said bill by copy of court roll at will of the lord according to the custom of the said manor, as in the said bill is untruly alleged, or that the said Edmund Mychell had any lawful interest in the same, or could lawfully make any good or effectual surrender of the same to the said complainants, or that the premises have been used to be demitted or be demittable by copy of court roll for term of life or lives, or in fee, to be holden at the will of the lord by copy of court roll, according to the custom of the said manor time out of mind, as in the said bill of complaint is also untruly alleged, for he, the said defendant, saith that by divers ancient precedents and court rolls ready to be shewed to your honourable court it may appear that the same hath been letten for term of years by the lords of the said manor after the time being unto them, by whom the said complainants claim; or that the same Edmund Mychell for a sum of money to him paid by Richard Cullyer, their father, did surrender the premises, as in the same bill is also untruly alleged, for he, the said defendant, saith, that he the same Edmund had no right nor lawful interest to surrender the same; and if any such surrender were, yet the said defendant saith that the same is verily void in law; or that the said complainants paid any fine for the premises, or were admitted tenants to hold at the will of the lord, as in the same bill is also untruly alleged. And if any such were, yet the same being paid unto his father's said guardian, and their admission by the said guardian, the premises being of the demesnes of the said manor, ought not in no wise to bind him; and without that any other thing mentioned in the said bill of complaint here in this answer not sufficiently confessed, and avoided, traversed, or denied, is true or material to be answered unto, all which matters the said defendant is ready to aver and prove, as this right honorable court shall award. Whereupon the said defendant prayeth to be dismissed out of this right honorable court with his reasonable costs and charges by him sustained in that behalf.

The replication of Richard Cullyer and John Cullyer, to the answer of Thomas Knyvett esquire.

The said complainants by protestation that the said answer is insufficient in the law for further replication say that the[Pg 239] said bill of complaint is certain and sufficient in the law to be answered unto, and for further replication say that the said twenty acres mentioned in the said bill is ancient copyhold land, and have been used to be demised by copy of court roll, according to the custom of the said manor of Cromwell time out of remembrance of man, as is alleged in the said bill, and say also that the said twenty acres lieth now enclosed and have lien enclosed by the space of sixty years or thereabout with other lands and tenements holden by copy of court roll of the manor of Gresshawgh in Wymondham aforesaid, which said twenty acres about the first or second year of the reign of King Henry the Seventh, before that time with other of the said lands then also enclosed did lie open as fields, and in the time of the reign of King Edward the Fourth the said twenty acres were holden, used, and occupied by copy of court roll, according to the custom of the said manor, to one Edmund Cullyer and his heirs, by the name of the third part of one enclose called Reading, being bond or customary land in Wymondham aforesaid, to hold the same to the said Edmund and his heirs by copy of court roll, at will of the lord of the said manor according to the custom of the said manor; upon which grant the said Edmund paid a fine to the lord of the said manor and was admitted tenant thereof, by force whereof the said Edmund Cullyer was seised of the said twenty acres in his demesne as of fee by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, and the said Edmund so being seised of the said twenty acres, the same did surrender according to the custom of the said manor to one Thomas Plomer and his heirs, by virtue whereof the said Thomas Plomer was admitted tenant of the said twenty acres, according to the custom of the said manor, and was seised of the said twenty acres in his demesne as of fee according to the custom of the said manor, and paid the accustomable fine thereof for the same to the lord of the said manor, and did the other services and paid the rents thereof according to the custom of the said manor; and the said Thomas Plomer so being seised of the said twenty acres the same did surrender according to the custom of the said manor to the said Edmund Mychell named in the said bill, by virtue whereof the said Edmund Mychell was lawfully admitted tenant to the premises, according to the custom of the[Pg 240] said manor, and was seised thereof in his demesne as of fee according to the said custom, and paid the accustomable fine for the same to the lord of the said manor, and did the services and paid also the rents thereof accordingly, and the said Edmund Mychell so being seised of the premises according to the custom of the said manor, the same according to the said custom did surrender to the said complainants, as is alleged in the said bill; by virtue whereof the said complainants were admitted tenants of the premises and paid the fine thereof, and have done all services, and paid the rents and customs pertaining thereto, according to the custom of the said manor of Cromwell, and hath bestowed great costs upon the same, whereby the said twenty acres be much better than they were at such time as the said complainants were admitted tenants thereto, as in the said bill it is further alleged. And the said complainants do further reply and say in all and everything as they before in their said bill have said, without that,[255] that the said land lying in Brawicke Reading mentioned in the said bill is and have been time out of mind of man parcel of demesnes of the moiety of the said manor of Cromwell, or that the said Sir Edmund had the possession of the said twenty acres, or were seised thereof, otherwise than by the payment of the rents of the same by the said complainants and others, that did hold the same by copy of the said Sir Edmund; and without that the said Sir Edmund died seised thereof, or that the same did descend to the said defendant as demesnes of the said manor discharged of the said tenure, by copy of court roll according to the custom of the said manor; for the said complainants say that the said Sir Edmund during all his life did permit and suffer the said complainants to enjoy the premises according to the custom of the said manor, without let or gainsaying, which the said Sir Edmund would not have done if the said complainants had not had a just right and title to have had the same; without that, that the said complainants did claim the premises only by a surrender made to the said Mychell by the guardian of the said Sir Edmund during his minority, or that the surrender made by the said Mychell during the minority of the said Sir Edmund is void by the law or that the law is that nothing can pass by a surrender made during the said minority, or that a surrender made then is[Pg 241] void, or that the premises have been letten for years as is alleged in the said bill; and the said complainants for replication do reply and say in all and every thing, matter, and sentence as they before in their said bill have said; without that, that any other things in this replication not sufficiently replied unto, denied, traversed, or confessed and avoided is true, all which matters the said complainants are ready to verify as this honorable court will award, and pray as they before have prayed.

4. Petition in Chancery for Protection Against Breach Of Manorial Customs [R.O. Chancery Proceedings; Series II, Bundle 196, No. 25], 1568.

To the right honorable Sir Nicholas Bacon, knight, Lord Keeper of the Great Seal of England.

In most humble wise sheweth and complaineth to your good Lordship your daily orators John Wyat, John Blake, John Whittington, Thomas Knight, Thomas Ellis, Thomas Moris, Richard Cooke, Symon Lucas, and Richard Blake, with divers other poor men to the number of forty, customary tenants of the manor of Slindon in the County of Sussex.[period? or comma?] That where they and their ancestors and those whose estate they have in the said customary tenements, parcel of the said manor (time out of memory of man) have been seised to them and to their heirs for ever according to the custom of the said manor, all and every which customs of late one Anthony Kempe esquire, lord of the said manor, hath diversely, contrary to conscience and equity, devised and imagined by divers indirect means to break, annihilate, and infringe, and your said orators hath diversely vexed and troubled by the order of the common laws and menaceth to expel your said orators out of their several tenements unless they will pay other customs and services than they of right ought to do by the customs of the said manor. For where by the custom of the said manor your Lordship's said orators and those whose estate they or any of them have in the premises, have been lawfully and quietly seised of the said tenements customary in their demesne as of fee according to the custom of the said manor for the several services thereupon due and accustomed, clearly discharged of all day works, licences of marriage or[Pg 242] fines for the same, and having always free liberty to let all and singular the premises aforesaid without any licence beforehand to be obtained of the lords of the said manor for the time being, neither have further at any time done any manner of services whatsoever out of the said manor: And also where after the death of every of the said customary tenants, having a whole yardland, there hath been due for heriot only the best beast, and if such have no beast, then 10s. in money only; and after the death of every tenant holding half a yardland 6s. 8d. for relief only, and after the death of every cottager 6d. only, and at every alienation of a yardland 10s. in money, and at every alienation of a half yardland 6s. 8d. in money, and at the alienation of every cottage 6d., and at the death and alienation of every tenant one whole year's rent only for and in the name of a fine, over and besides the only heriot or relief aforesaid, and suit of court and other services in this bill specified: And where by the further custom of the said manor the lords of the said manor for the time being by the custom of the said manor should make no seizure or forfeiture for waste done in their cottages customary, unless the same be severally presented at the several Courts to be holden one half year after another, and the same yet then not reformed within one month after; And where the cutting down of any the woods standing and growing upon their several tenements customary for house-bote, fire-bote, plough-bote, cart-bote, gate-bote and hedge-bote, and such like hath not heretofore been taken for waste but always as lawful to do by the custom of the said manor; And where also by the further custom of the said manor, where any forfeiture is committed, perpetrated or done for any offence whatsoever whereby there is given cause of seizure and forfeiture to the lord of the manor for the time being, yet by the custom of the same manor, the said forfeiture notwithstanding, they to whom the same so forfeited should descend, remain, come, or grow after the death of such tenant so offending, should and may lawfully claim all and singular such tenements so forfeited or seized after the death of such offender, as though no such forfeiture had been made; And where by the custom of the said manor all and every the tenants of the said manor should and ought to have from time to time in the woods of the lord of the said manor sufficient timber for reparations of their said tenements customary at the[Pg 243] assignment of the lord or his officers, and if the lord the same refuse to do upon reasonable request being thereof made to the said lord or his steward of his court for the time being, if then their said tenements decay, or fall down in default of reparations, there shall nor ought any forfeiture or seizure to be made for any such waste; And where the widows of the tenants customary of the said manor should and ought by the custom of the said manor have their widow's estate for one penny only; And where by their further custom the eldest son, brother or next cousin, male or female, should inherit and have the said customaries and after the decease of their ancestors only; And where by the custom of the said manor it is lawful for the said tenants as aforesaid to assign and demise the several tenements for years to any person or persons at their will and pleasure, yet nevertheless by the custom of the said manor it hath been lawful for the lord of the said manor misliking the said undertenant upon one year's warning to expel and put out such tenant, after which it shall be lawful for the said tenants that so did demise or let their tenements to re-enter and the same to enjoy as before, and after to let the same as before to any person or persons in manner and form aforesaid, until such person shall be by the lord misliked and expulsed as aforesaid; And where by the further custom of the said manor the said tenants and every of them and their heirs and assigns should and ought to have the masting of their own hogs in the time of mast in the north woods of the said manor of Slindon, and likewise the pasturing of their cattle and sheep in the said woods and in all other the lord's commons of the said manor, paying for the ovissing [256] and masting of every hog 2d. only; And whereas by the further custom of the said manor the tenants aforesaid have and may at their will and pleasure surrender into the hands of two tenants of the said manor out of the court, or into the hands of the lord or his steward in the court, to the use of any person or person of such estate as they shall declare and limit upon the said surrender, yet nevertheless by the custom of the said manor it is not lawful for any tenant of the said manor to convey, surrender or alienate any one part, parcel or piece of their tenement customary, unless he give and surrender the whole to the use of one only person in possession; And where the[Pg 244] youngest tenant of any customary tenement for the time being ought to be crier in the lord's court by the custom of the said manor: All which customs are not only to be proved to be the old and ancient customs of the said manor, but also now of late the said Anthony Kempe hath by his deed indented declared the same to be true in manner and form as it is before alleged; And where by the said Indenture the said Anthony Kempe hath further, for and in consideration of a further and a new rent of eight pounds to him granted, and for and in consideration of twenty pounds to him paid, and for and in consideration to make a perpetual and final end of all controversies heretofore moved and after to be moved, doth further covenant and grant in the said indenture that it shall be lawful for the customary tenants and copyholders of the said manor to enclose, and sever, and severally to hold to them and to their heirs and assigns forever six score acres of land, parcel of the wastes of the lords of the said manor, wherein they now have common, in such place convenient to be limited before the feast of Easter next coming, by consent of two persons to be named by the said Anthony Kempe and two other persons by the said tenants; All the which premises notwithstanding, the said Anthony Kempe doth against all conscience utterly deny unto your Lordship's said orators their said customs and the aforesaid further agreement according to the said indenture, and doth daily vex your said orators quietly to have and enjoy their said customary tenants [sic] with their appurtenances according to the customs aforesaid. May it therefore please your good lordship the premises favourably tendering to grant the Queen's Majesty's writ of subpœna to be directed to the said Anthony Kempe commanding him thereby personally to appear in this honourable Court at a day certain in the said writ of subpœna mentioned, then and there upon his corporal oath to answer to the premises and to abide such order therein as to your Lordship shall upon the truth of the matter appearing seem according to equity; and your said poor orators shall daily pray to God for the continual preservation of your honor.

5. Lease [257] of the Manor of Ablode to a Farmer [Rolls Series. Historia et Cartularium Monasterii Gloucestriæ, Vol. III, pp. 291-5], 1516.

This indenture made on the 5th day of October in the seventh year of King Henry VIII between William ... Abbot of St. Peter ... of the one part and Richard Cockes and Catharine his wife ... and William and John, sons of the said Richard and Catharine, of the other part, witnesseth, that the aforesaid Abbot and Convent ... have leased, demised, and to farm let to Richard, Catharine, William, and John, the site of their Manor of Ablode, situated in the county of Gloucester, with all its houses, buildings, arable lands, meadows, feedings and pastures, dovecotes, weir, waters, fishpools, and rabbit warrens, with all and everything thereto pertaining. And the said abbot and convent have leased to the aforesaid ... divers goods and chattels, moveable, and immoveable, pertaining to the said manor. ... Moreover the said abbot and convent have leased to the said ... 320 sheep remaining for stock on the said manor, priced per head at 16d., which amounts in all to the sum of 21l. 6s. 8d., together with their meadows, pastures and all easements ... needed for the support of the said sheep.... Furthermore the said abbot and convent have leased to the aforesaid ... divers lands and demesne meadows belonging to the said manor, when the reversion thereof shall in any way have occurred, which lands and demesne meadows are now occupied by the customary tenants of the lord, as is plain from the rental drawn on the back of the present indenture.... And it shall be lawful for the aforesaid Richard, Catharine, William and John, or any of them to introduce at their pleasure new tenants on all those demesne lands aforesaid, now in the hands of the tenants there, whenever the aforesaid reversion shall have fallen in.

6. Lease of the Manor of South Newton To a Farmer [Roxburghe Club, Surveys of the lands belonging to William Earl of Pembroke], 1568.

John Rabbett holds to himself and his assigns, by an indenture dated November 28 in the fourth year of Elizabeth, at a fine of £120, the whole site of the farm of the Manor of South Newton in the county of Wilts., all its demesne lands, meadows, marshes, pastures, commons, fisheries, and the customary works of the tenants in South Newton, Stovord, and Childhampton, with all and singular their appurtenances in the above-mentioned South Newton belonging to the site and the farm or of old demised to farm with the above-mentioned site, as fully as Lewis ap Jevan had and occupied it, and also one virgate of land and one ham of meadow, lying in the afore-mentioned South Newton, called the Parson's yardland and ham with a sheep pasture, ... excepted and altogether reserved to the lord and his heirs the advowson of the vicarage there; the said John Rabbett and his assigns to have and to hold the aforesaid ... from Michaelmas before this indenture for the full term of 21 years, paying thence yearly to the lord for the aforesaid farm and site with its appurtenances

per bs. 12d. 4l.
10 quarters of wheat
prec. cap. 4d. 6s. 8d.
20 capons,

per bs. 8d. 106s. 8d.
29 quarters of barley,
prec. cap. 4d. 6s. 8d.
20 pigeons,

per bs. 3d. 26s. 8d.
[sic]
10 quarters of oats
prec. cap. 4d. 4s.
12 great fish called great Trouts.

and for the aforesaid virgate of land ... 13s. at the usual terms, with all other clauses and agreements, as is set forth at length in the indenture placed in the register. And be it known that the grain, capons, and pigeons and fish are valued at the rate written above the head of each kind. And there belong to the farm of arable land 55 acres in Middlefield, 60 acres in Westfield, and 60 acres in Eastfield, and one meadow called Long Ham lying in a close and containing 11½ acres, and the cropping of one meadow called Duttenham lying in the west part of Wishford containing 10½ acres, one meadow called Beymeade containing 4½ acres lying on the north-west[Pg 247] side of South Newton, and one curtilage near the barn containing 2 acres, and a hill called the Down estimated to contain 100 acres, and it is able to keep 500 sheep, 36 cattle, and 12 horses. And there belong to the aforesaid virgate of land, called the Parson's Yardland, of arable land in Southfield 6½ acres, in Middlefield 8½ acres, in Northfield 6 acres, and one ham of meadow, pasture for 10 cows, 1 bull, and 120 sheep with the farmer, 14s.

4l.
Wheat 10 qrs.
106s. 8d.
Barley 20 qrs.
26s. 8d.
Oats 10 qrs.
6s. 8d.
Capons 20.
6s. 8d.
Pigeons 20.
4s.
Fish 12.

7. The Agrarian Programme of the Pilgrimage of Grace [Gairdner, Letters and Papers, Hen. VIII, Vol. xi, 1246], 1536.

9. That the lands in Westmoreland, Cumberland, Dent, Sedbergh, Furness, and the abbey lands in Mashamshire, Kyrkbyshire, Notherdale, may be by tenant right, and the Lords to have, at every change, 2 years rent for gressum, according to the grant now made by the Lords to the Commons there. This is to be done by Act of Parliament.

13. The statute for enclosures and intacks to be put in execution, and all enclosures and intacks since 4 Hen. VII to be pulled down, except mountains, forests, and parks.

8. The Demands of the Rebels Led by Ket [Harl. MSS. 304, f. 75. Printed by Russell, Ket's Rebellion in Norfolk, p. 48], 1549.

We pray your grace that where it is enacted for enclosing that it be not hurtful to such as have enclosed saffron grounds,[Pg 248] for they be greatly chargeable to them, and that from henceforth no man shall enclose any more.[258]

We certify your grace that whereas the lords of the manors hath been charged with certe free rent, the same lords hath sought means to charge the freeholders to pay the same rent, contrary to right.

We pray that priests from henceforth shall purchase no lands neither free nor Bondy, and the lands that they have in possession may be letten to temporal men, as they were in the first year of the reign of King Henry the VII.

We pray that reed ground and meadow ground may be at such price as they were in the first year of King Henry the VII.

We pray that all marshes that are holden of the King's Majesty by free rent or of any other, may be again at the price that they were in the first year of King Henry VII.

We pray that all bushels within your realm be of one stice, that is to say, to be in measure viii gallons.

We pray that [priests] or vicars that be [not able] to preach and set forth the word of God to his parishioners may be thereby put from his benefice, and the parishioners there to choose another, or else the patron or lord of the town.

We pray that the payments of castleward rent, and blanch farm and office lands, which hath been accustomed to be gathered of the tenements, whereas we suppose the lords ought to pay the same to their bailiffs for their rents gathering, and not the tenants.

We pray that no man under the degree of a knight or esquire keep a dove house, except it hath been of an old ancient custom.

We pray that all freeholders and copyholders may take the profits of all commons, and there to common, and the lords not to common nor take profits of the same.[Pg 249]

We pray that no feodary within your shires shall be a councillor to any man in his office making, whereby the King may be truly served, so that a man being of good conscience may be yearly chosen to the same office by the commons of the same shire.

We pray your grace to take all liberty of let into your own hands whereby all men may quietly enjoy their commons with all profits.

We pray that copyhold land that is unreasonably rented may go as it did in the first year of King Henry VII, and that at the death of a tenant or at a sale the same lands to be charged with an easy fine as a capon or a reasonable [sum] of money for a remembrance.

We pray that no priest [shall be chaplain] nor no other officer to any man of honour or worship, but only to be resident upon their benefices whereby their parishioners may be instructed with the laws of God.

We pray that all bond men may be made free, for God made all free with his precious blood-shedding.

We pray that no man shall be put by your escheator and feodary to find any office unless he holdeth of your Grace in chief or capite above xl.l by year.

We pray that the poor mariners or fishermen may have the whole profits of their fishings as porpoises, grampuses, whales or any great fish, so it be not prejudicial to your Grace.

We pray that every proprietary parson or vicar having a benefice of xv.l or more by year shall either by themselves or by some other person teach poor men's children of their parish the book called the catechism and the primer.

We pray that it be not lawful to the lords of any manor to purchase lands freely and to let them out again by copy of court roll to their great advancement and to the undoing of your poor subjects.

We pray that no proprietary parson or vicar, in consideration of avoiding trouble and suit between them and their poor parishioners which they daily do precede and attempt, shall from henceforth take for the full contentation [i.e. satisfaction] of all the tenths which now they do receive but viiid of the noble in the full discharge of all other tithes.[Pg 250]

We pray that no man under the degree of [blank] shall keep any conies upon any of their own freehold or copyhold unless he pale them in so that it shall not be to the commons' nuisance.

We pray that no person, of what estate, degree or condition he be, shall from henceforth sell the wardship of any child, but that the same child if he live to his full age shall be at his own chosen concerning his marriage, the King's wards only except.

We pray that no manner of person having a manor of his own shall be no other lord's bailiff but only his own.

We pray that no lord knight nor gentleman shall have or take in farm any spiritual promotion.

We pray that your Grace to give license and authority by your gracious commission under your great seal to such commissioners as your poor commons hath chosen, or as many of them as your Majesty and your council shall appoint and think meet, for to redress and reform all such good laws, statutes, proclamations, and all other your proceedings, which hath been hidden by your justices of your peace, sheriffs, escheators, and other your officers from your poor commons, since the first year of the reign of your noble grandfather King Henry VII.

We pray that those your officers that hath offended your Grace and your commons, and so proved by the complaint of your poor commons, do give unto these poor men so assembled iiijd. every day so long as they have remained there.

We pray that no lord, knight, esquire nor gentleman do graze nor feed any bullocks or sheep if he may spend forty pounds a year by his lands, but only for the provision of his house.

9. Petition to Court of Requests from Tenants Ruined by Transference of a Monastic Estate to Lay Hands [259] [R.O. Requests Proceedings, Bundle 23, No. 13], 1553.

To [the] Queen's Highness our most dread Sovereign Lady and to her most honorable Council.

1553. Lamentably complaining sheweth unto your Highness and to ... Council your poor obedient subjects and daily orators, poor husbandmen the ... of Halkesgarthe and Senseker in Whitby Strand in the County of York, that the said inhabitants, late being tenants of the dissolved Monastery of Whitby [afore]said, after it was come into the hands of our late sovereign lord King Henry ... and after that it did come to the hands and possession of the late Duke of Northumb[erland] and of late purchased of him by one Sir John Yorke, knight, who is now in possession of the premises; which said Sir John Yorke hath lately been there and kept court on the said premises at two sundry times; which said Sir John Yorke of his extort power and might, and by great and sore threatenings of the said tenants and inhabitants there, and by other means, hath gotten from them all the leases [that were in their] custodies and possession, and unreasonably hath raised and ... rents and excessively hath gressomed, fined, pilled and ... maketh inquiry all about for your poor orators with great ... do suppose if he could find them, he would lay the ... because they should not be able to exhibit this their bill of c[omplaint] ... and your said Council, how he hath fined them and raised ... and yearly rents, if your said orators should still bear and pay, appear by a bill hereunto annexed your orators hands or marks thereto ... of the old [rents] the [ne]w by them ... to be paid unto the said Sir John Yorke ... thereby shall be utterly undone in this world ... favour, help and succour with speedy [remedy] ... consideration of the premises and forasmuch as your said orators and ancestors of your said poor orators have holden and enjoyed the premises according to the[Pg 252] old ancient custom, old rents and old fines, as hereunder it may plainly appear, without enhancing, or raising, without vexation or trouble, and in consideration also that the said Sir John Yorke is a man of power and might, lands, goods, and possessions ... greatly friended, and your poor orators being sore afraid to be imprisoned by him, and also very poor men, and not able to sue against him, nor hath no remedy but only to sue ... Majesty of your most gracious goodness ... said Council, to call before your Majesty and your said C[ouncil] ... and to take order in the premises, that your poor orators according to justice, right, and good conscience may peaceably enjoy all the premises, paying their old accustomed rents and fines, according as they and their ancestors have done, time out of mind of man. And your said poor orators shall daily pray to God for the prosperous preservation of your Majesty in your most Royal Estate long to reign, and for your most honourable Council long to continue.

The tenants and inhabitants of Senseker and Halkesgarthe in Whitby Strand in the County of York desire to have Sir John Yorke called before the Council and to take order that your orators may have....

At Lammas last past my Lady Yorke at Whitby earnestly demanded of the said Robert Michaelmas farm before hand, insomuch he durst not hold it but paid it to her, the sum of 58s. 4d.

[Endorsed.] Bill versus Yorke.
Orders and Decrees.
24th day of October in the first year of the reign of
Queen Mary.

Be it remembered that the cause brought afore the Queen's Council in Her Majesty's Court of Requests at the suit as well of Robert Stor as William Poskett and William Browne, tenants to Sir John Yorke, knight, in the Lordship of Whitby in the County of York, is now ordered by the said Council[Pg 254] by the agreement of the said Sir John, who hath promised that the said parties afore named, and every of them, shall have and quietly enjoy their tenements and holds during the years and terms in their leases and copies yet enduring, paying their rents and farms accustomed without any interruption to the contrary or any other by him or in his name or procurement.

10. Petition to Court of Requests to Stay Proceedings Against Tenants Pending the Hearing of their Case Before the Council of the North [R.O. Requests Proceedings. Bundle III, No. 24], 1576.

In most humble wise sheweth unto your Majesty your poor subject Thomas Langhorne, and other the inhabitants and residents of the lordship of Thornthwaite in your county of Westmoreland, that whereas your suppliant and other of the inhabitants and residents of the lordship aforesaid, and their ancestors time out of memory of man, have quietly had and enjoyed from heir to heir according to their ancient custom in consideration of their service to be in readiness with horse,[260] harness and other furniture to serve your Majesty at their own costs and charges in defence of your realm against the Scots, which custom hath been sufficiently approved and allowed before your Majesty's President and Council at York, as by a decree ready to be shewed more at large it may appear. But so it is, and if it please your Majesty, that Sir Henry Curwyn, knight, lord of the lordship aforesaid, hath since the beginning of your Majesty's reign expelled out of one piece of Shapps parish within the said lordship, where there was but thirteen tenants, twelve of them he hath expelled and taken their land from them and enclosed it into his demesnes, whereby your Majesty's service for the same is utterly taken away: and also the said Sir Henry Curwyn, lord of the lordship aforesaid, hath of late surrendered over the same lordship to Nicholas Curwyn, gentleman, his son and heir, which Sir Henry and Nicholas do excessively fine the poor tenants and specially your orator, who was forced to pay them for the fine of his[Pg 255] tenement, being but 13s. 10d. by year, 31l. 6s. 8d., and was admitted tenant to the said Nicholas Curwyn, who notwithstanding hath contrary to all right and conscience granted a lease of your subject's tenement to one Henry Curwyn, servant to the same Nicholas, in the nature of an ejection firm[261] here at the common law, and hath by your Majesty's writ arrested your orator to appear in your Highness' Bench at Westminster to the utter undoing of your said poor subject, his wife and five children for ever, being not able to defend his rightful cause: May it therefore please your most excellent Majesty that order may be set down by your Majesty and your most honourable council that none of the lordship aforesaid may be expelled out and from their tenant rights until their said custom shall be tried and examined before the Lord President of York for the time being, and that your Majesty's said subject may not be constrained to answer any suit here at the Common Law concerning their tenant right. And your said orators shall according to their bounden duties pray to God for the preservation of your most Royal Majesty long to live and reign over us.

Your humble subject Thomas Langhorne, one of the tenants of the lordship of Thornthwaite in the county of Westmoreland, being molested in their tenant right by one Henry Curwyn, servant unto Nicholas Curwyn, lord of the said manor, desire most humbly that all actions at the Common Laws here at Westminster might be stayed and the full hearing of the matter reserved to the Lord President at York.

11. Petition from Freeholders of Wootton Bassett for Restoration of Rights of Common [Topographer and Genealogist, Vol. III], temp. Charles I.

To the Right Honourable House of Parliament now assembled, the humble petition of the Mayor and Free Tenants of the Borough of Wootton Basset in the County of Wilts.

Humbly showeth to this Honourable House, That whereas the Mayor and Free Tenants of the said[Pg 256] Borough, by relation of our ancient predecessors, had and did hold unto them free common of pasture for the feeding of all sorts of other beasts, as cows, etc., without stint, be they never so many, in and through Eastern Great Park, which said park contained by estimation 2000 acres of ground or upwards; and in the second and third year of the reign of King Philip and Queen Mary the manor of Wootton Basset aforesaid came by patent into the hands and possession of one Sir Francis Englefield, knight, who, in short time after he was thereof possessed, did enclose the said park; and in consideration of the common of pasture that the free tenants of the borough had in the said park did grant, condescend and lease out unto the said free tenants of the said borough to use as common amongst them that parcel of the said Great Park which formerly was and now is called by the name of Wootton Lawnd, which was but a small portion to that privilege which they had before it, [and] doth not contain by estimation above 100 acres; but the free tenants being therewith contented, the mayor and free tenants did equally stint the said ground or common, as followeth:—that is to say to the mayor of the town for the time being two cows feeding, and to the constable one cow feeding, and to every inhabitant of the said borough, each and every of them, one cow feeding and no more, as well the poor as the rich, and every one to make and maintain a certain parcel or bound set forth to every person; and ever after that inclosure for the space of fifty and six years or thereabouts any messuage, burgage or tenement that was bought or sold within the said borough did always buy and sell the said cows-leaze together with the said messuage or burgage as part member of the same, as doth and may appear by divers deeds which are yet to be seen; and about which time, as we are informed and do verily believe, that Sir Francis Englefield, heir of the aforesaid Sir Francis Englefield, did by some means gain the charter of our town into his hands, and as lately we have heard his successor now keepeth it; and we do believe that at the same time he did likewise gain the deed of the said common, and he thereby knowing that the town had nothing to show for their rights of common but by prescription, did begin suits in law with the said free tenants for their common, and did vex them with so many suits in law for the space of seven or eight years at the least, and never suffer anyone to[Pg 257] come to trial in all that space, but did divers times attempt to gain his possession thereof by putting in of divers sorts of cattle, in so much that at length, when his servants did put in cows by force into the said common, many times and present upon the putting of them in, the Lord in his mercy did send thunder and lightning from heaven, which did make the cattle of the said Francis Englefield to run so violent out of the said ground that at one time one of the beasts was killed therewith; and it was so often that people that were not there in presence to see it, when it thundered, would say Sir Francis Englefield's men were putting in their cattle into the Lawnd, and so it was, and as soon as those cattle were gone forth it would presently be very calm and fair, and the cattle of the town would never stir but follow their feeding as at other times, and never offer to move out of the way but did follow their feeding. And this did continue so long, he being too powerful for them, that the said free tenants were not able to wage law any longer; for one John Rous, one of the free tenants, was thereby enforced to sell all his land (to the value of £500) with following the suits in law, and many others were thereby impoverished and were thereby forced to yield up their right and take a lease of their said common of the said Sir Francis Englefield for term of his life. And the said mayor and free tenants hath now lost their right of common in the said Lawnd near about twenty years, which this Sir Francis Englefield, his heirs and his trustees, now detaineth from them. Likewise the said Sir Francis Englefield hath taken away their shops or shambles standing in the middle of the street in the market-place from the town, and hath given them to a stranger that liveth not in the town.... And he hath altered and doth seek ways and means to take the election of the mayor of our town to himself; for whereas the mayor is chosen at the law-day and the jury did ever make choice of two men of the town and the lord of the manor was to appoint one of them to serve, which the lord of the manor refused, and caused one to stay in two years together divers times, which is a breach of our custom.

And as for our common we do verily believe that no corporation in England so much is wronged as we are. For we are put out of all the common that ever we had and have not so much as one foot of common left unto us, nor never shall have any. We are thereby grown so in poverty, unless it please[Pg 258] God to move the hearts of this Honourable House to commiserate our cause, and to enact something for us, that we may enjoy our right again. And your orators shall be ever bound to pray for your health and prosperity to the Lord.

Divers hands more we might have had, but that many of them doth rent bargains of the lord of the manor, and they are fearful that they shall be put forth of their bargains; and then they shall not tell how to live. Otherwise they would have set to their hands.

12. Petition to Crown of Copyholders of North Wheatley [S.P.D. Charles I, Vol. 151, No. 38], 1629.

The humble petition of your Majesty's poor and distressed tenants of your manor of North Wheatley in the county of Nottingham belonging to your Majesty's Duchy of Lancaster.

Most humbly shewing: That your poor subjects have time out of mind been copyholders of lands of inheritance to them and their heirs for ever of the manor aforesaid, and paid for every oxgang of land xvis. viiid. rent, and paid heretofore upon every alienation xiid. for every oxgang, but now of late, about 4^o Jacobi by an order of the Duchy Court they pay xis. vid. upon every alienation for every acre, which amounteth now to 45s. an oxgang.

And whereas some of your tenants of the said manor have heretofore held and do now hold certain oxgangs of lands belonging to the said manor by copy from 21 years to 21 years, and have paid for the same upon every copy 2s., and for every oxgang 16s. 8d. per annum, they now of late, by an order in the Duchy Court, hold the same by lease under the Duchy Seal, and pay 6l. 13s. 4d. for a fine upon every lease and 16s. 8d. rent with an increase of 6s. 8d. more towards your Majesty's provision.

And whereas in 11^o Edw. 4ⁱ, your petitioners did by copy of court roll hold the demesnes of the said manor for term of years at 9l. 6s. 8d. per annum, they afterwards in 6^o Eliz. held the same demesnes by lease under the seal of the Duchy for 21 years, at the like rent. And ten years before their lease was expired, they employed one Mr. Markham in trust to get[Pg 259] their lease renewed, who procured a new lease of the demesnes in his own name for 21 years at the old rent, and afterwards, contrary to the trust committed to him, increased and raised the rent thereof upon the tenants to his own private benefit to 56l. per annum.

And whereas the woods belonging to the said manor hath within the memory of man been the only common belonging to the said town, paying yearly for the herbage and pannage thereof 6s. 8d., they now also hold the same under the Duchy Seal at 16l. 16s. 2d. per annum.

And whereas the court rolls and records of the said manor have always heretofore been kept under several locks and keys, whereof your Majesty's stewards have kept one key and your Majesty's tenants (in regard it concerned their particular inheritances) have kept another key; but now they are at the pleasure of the stewards and officers transported from place to place, and the now purchasers do demand the custody of them, which may be most prejudicial to your Majesty's poor tenants.

Now forasmuch as your Majesty hath been pleased to sell the said manor unto the City of London, who have sold the same unto Mr. John Cartwright and Mr. Tho. Brudnell, gent.: and for that your petitioners and tenants there (being in number two hundred poor men, and there being 11 of your Majesty's tenants there, that bear arms for the defence of your Majesty's realm, and 12 that pay your Majesty subsidies, fifteens, and loans) are all now like to be utterly undone, in case the said Mr. Cartwright and Mr. Brudnell should (as they say they will) take away from your tenants the said demesnes and woods after the expiration of their leases, and that your poor tenants should be left to the wills of the purchasers for their fines, or that the records and court rolls should not be kept as in former times in some private place, where the purchasers and tenants may both have the custody and view of them as occasion shall serve;

May it therefore please your sacred Majesty that such order may be taken in the premises for the relief of your poor tenants of the manor aforesaid, that they may not be dispossessed of the demesnes and leases, and that they may know the certainty of their fines for the copyhold, demesnes and leases, and may have the court rolls and records safely kept as formerly they[Pg 260] have been, and that your Majesty will be further pleased to refer the consideration, hearing, ordering and determination of the premises unto such noblemen, or other four gentlemen of esteem in the country, whom your Majesty shall be pleased to appoint, that are neighbours unto your tenants, and do best know their estate and grievances. That they or any two or three of them may take such order, and so settle the business between the purchasers and your poor tenants, as they in their wisdom and discretion shall judge to be reasonable and fitting, or to certify your Majesty how they find the same and in whose default it is they cannot determine thereof. And your poor tenants as in all humble duty bound will daily pray for your Majesty.

His Majesty is graciously pleased to refer the consideration of this request to the commissioners for sale of his lands, that upon the report unto his Majesty of their opinion and advice his Majesty may give further order therein.

13. An Act Avoiding Pulling Down of Towns [7 Hen. VIII, c. 1. Statutes of the Realm, Vol. III, pp. 176-7], 1515.

The King our Sovereign Lord calling to his most blessed remembrance that where great inconveniences be and daily increase by dislocation, pulling down, and destruction of houses and towns within this realm, and laying to pasture lands which customably have been manured and occupied with tillage and husbandry, whereby idleness doth increase, for where in some one town 200 persons, men and women and children, and their ancestors out of time of mind, were daily occupied and lived by sowing corn and grains, breeding of cattle, and other increase necessary for man's sustenance, and now the said persons and their progenies be minished and decreased, whereby the husbandry which is the greatest commodity of this realm for sustenance of man is greatly decayed, Churches destroyed, the service of God withdrawn, Christian people there buried not prayed for, the patrons and curates wronged, cities, market towns brought to great ruin and decay, necessaries for man's sustenance made scarce and dear, the people sore minished in the realm, whereby the power and[Pg 261] defence thereof is enfeebled and impaired, to the high displeasure of God and against his laws and to the subversion of the common weal of this realm and dislocation of the same, if substantial and speedy remedy be not thereof provided; wherefore the King our Sovereign Lord, by the advice and assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, ordaineth, stablisheth and enacteth, that all such towns, villages, boroughs and hamlets, tything houses and other habitations in any parish or parishes within this realm, whereof the more part the first day of this present parliament was or were used and occupied to tillage and husbandry, [as] by the owner or owners thereof for their singular profit, avail, and lucre wilfully since the said first day be or hereafter shall be suffered or caused to fall down and decay, whereby the husbandry of the said towns, villages, boroughs, hamlets, tithings houses and other habitations and parishes within this realm been or hereafter shall be decayed, and turned from the said use and occupation of husbandry and tillage into pasture, shall be by the said owner or owners, their heirs, successors or assigns or other for them, within one year next after such wilful decay, re-edified and made again meet and convenient for people to dwell and inhabit in the same, and to have use and therein to exercise husbandry and tillage as at the said first day of this present parliament or since was there used, occupied and had, after the manner and usage of the country where the said land lieth, at the cost and charges of the same owner or owners, their heirs, successors or assigns. And if since the said first day of this present parliament any lands which at the same first day or since were commonly used in tillage, been enclosed or from henceforth shall be enclosed and turned only to pasture, whereby any house of husbandry within this realm is or shall be hereafter decayed, that then all such lands shall be by the same owner or owners, their heirs, successors or assigns or other for them, within one year next ensuing the same decay, put in tillage, and exercised, used and occupied in husbandry and tillage, as they were the first said day of this present parliament or any time since, after the manner and usage of the country where such land lieth; and if any person or persons do contrary to the premises or any of them, that then it be lawful to the King, if any such[Pg 262] lands or houses be holden of him immediately, after office or inquisition found thereof comprehending the same matter of record, or to the lords of the fees, if any such lands or houses [have] been holden of immediately, without office or inquisition thereof had, to receive yearly half the value of the issues and profits of any such lands whereof the house or houses of husbandry be not so maintained and sustained, and the same half deal of the issues and profits to have, hold and keep to his or their own use without anything thereof to be paid or given, to such time as the same house or houses be sufficiently re-edified, built or repaired again, for the exercising and occupying of husbandry; and immediately after that, as well the interest and title given by this Act to our Sovereign Lord the King as to the lords of the fee to cease and no longer to endure; and that it shall be lawful to the owner and owners of such lands, house or houses holden immediately of our said Sovereign Lord the King to have and enjoy the same and to take the issues and profits thereof as if no such office or inquisition had never been had nor made; and that no manner of freehold be in the King nor in any such lord or lords by virtue of this act or taking of any such profits of or in any such lands in no manner of form, but only the King and the said lord or lords have power to take, receive and have the said issues and profits as is abovesaid, and therefore the King or the said lord or lords to have power to distrain for the same issues and profits to be had and perceived by them in form abovesaid by authority of this present act....

14. The Commission [262] of Inquiry Touching Enclosures [Patent Roll 9 Hen. VIII, p. 2, m. 6d.], 1517.

The King to his beloved and faithful John Veysy, dean of our Chapel, Andrew Wyndesore, knight, and Roger Wegeston, late of Leicester, greeting. Whereas of late in times past divers our lieges, not having before their eyes either God or the[Pg 263] benefit and advantage of our realm or the defence of the same, have enclosed with hedges and dykes and other enclosures certain towns, hamlets and other places within this our realm of England, where many of our subjects dwelt and there yearly and assiduously occupied and exercised tillage and husbandry, and have expelled and ejected the same our subjects dwelling therein from their holdings and farms, and have reduced the country round the houses, towns and hamlets aforesaid, and the fields and lands within the same, to pasture and for flocks of sheep and other animals to graze there for the sake of their private gain and profit, and have imparked certain great fields and pasture and woods of the same in large and broad parks, and certain others in augmentation of parks for deer only to graze there, whereby the same towns, hamlets and places are not only brought to desolation, but also the houses and buildings of the same are brought to so great ruin, that no vestige of the same at the present is left, and our subjects, who have dwelt in the said places and there occupied and exercised tillage and husbandry, are now brought to idleness, which is the step-mother of virtues, and daily live in idleness, and the crops and breeding of cattle that were bred and nourished by the same tillers and husbandmen dwelling in the same towns, hamlets and places for human sustenance, are withdrawn and entirely voided from the same places, and the churches and chapels there hallowed are destroyed and divine services there taken away, and the memory of souls of Christians buried there utterly and wholly perished, and many other inestimable damages grow therefrom and daily hereafter will grow, to the greatest desolation and undoing of our realm and diminution of our subjects, unless an opportune remedy for the reformation of the same be swiftly and speedily applied: We, as we are duly bound, desiring to reform the aforesaid and wishing to be certified touching the same, what and how many towns and hamlets and how many houses and buildings have been thrown down from the feast of St. Michael the Archangel in the fourth year of the reign of the most illustrious lord Henry, late King of England, the Seventh, our father, and how many and how great lands which were then in tillage are now enclosed and converted to pasture, and how many and how great parks have been imparked for[Pg 264] the feeding of deer since the same feast, and what lands have been enclosed in any parks or any park, which then were or was, for the amplifying and enlarging of such parks, have therefore appointed you and two of you to enquire by oath of good and lawful men of the counties of Oxford, Berks, Warwick, Leicester, Bedford, Buckingham, and Northampton, as well within liberties as without, and by other ways, manners and means whereby you shall or may the better learn the truth, what and how many towns, how many houses and buildings have been thrown down from the aforesaid feast, and how many and how great lands which were then in tillage are now converted to pasture, and how many and how great parks have been enclosed for the feeding of deer on this side the same feast, and what lands have been enclosed in any parks or any park, which then were or was, for the enlargement of such parks, and by whom, where, when, how and in what manner, and touching other articles and circumstances in any wise concerning the premises, according to the tenour and effect of certain articles specified in a bill to these presents annexed. And therefore we command you that you attend diligently to the premises and do and execute the same with effect. And by the tenour of these presents we command our sheriffs of the counties aforesaid that at certain days and places, which you shall cause them to know, they cause to come before you or two of you as many and such good and lawful men of their bailiwick by whom the truth of the matter may the better be known and enquired of; and that you certify us in our Chancery of what you shall do in the premises in three weeks from the day of St. Michael next coming, together with this commission. In witness whereof, etc. Witness the King at Westminster, the 28th day of May.

15. An Act Concerning Farms and Sheep [25 Hen. VIII, c. 13. Statutes of the Realm, Vol. III, p. 451], 1533-4.

Forasmuch as divers and sundry [persons] of the king's subjects of this realm, to whom God of his goodness hath disposed great plenty and abundance of moveable substance, now of late within few years have daily studied, practised and invented ways and means how they might accumulate and gather together into few hands as well great multitude of[Pg 265] farms as great plenty of cattle and in especial sheep, putting such lands as they can get to pasture and not to tillage, whereby they have not only pulled down churches and towns and enhanced the old rates of their rents of the possessions of this realm, or else brought it to such excessive fines that no poor man is able to meddle with it, but also have raised and enhanced the prices of all manner of corn, cattle, wool, pigs, geese, hens, chickens, eggs and such other almost double above the prices which hath been accustomed, by reason whereof a marvellous multitude and number of people of this realm be not able to provide meat, drink and clothes necessary for themselves, their wives and children, but be so discouraged with misery and poverty that they fall daily to theft, robbery and other inconvenience, or pitifully die for hunger and cold; and as it is thought by the King's most humble and loving subjects that one of the greatest occasions that moveth and provoketh those greedy and covetous people so to accumulate and keep in their hands such great portions and parties of the grounds and lands of this realm from the occupying of the poor husbandmen, and so to use it in pasture and not in tillage, is only the great profit that cometh of sheep, which now be coming to a few persons' hands of this realm in respect of the whole number of the King's subjects, that some have 24 thousand, some 20 thousand, and some more and some less, by which a good sheep for victual that was accustomed to be sold for 2s. 4d. or 3s. at the most, is now sold for 6s. 5s. or 4s. at the least; and a stone of clothing wool that in some shires of this realm was accustomed to be sold for 18d. or 20d. is now sold for 4s. or 3s. 4d. at the least, and in some countries where it hath been sold for 2s. 4d. or 2s., or 3s. at the most, it is now sold for 5s. or 4s. 8d. at the least, and so raised in every part of this realm; which things thus used be principally to the high displeasure of Almighty God, to the decay of the hospitality of this realm, to the diminishing of the King's people, and to the hindrance of the clothmaking, whereby many poor people hath been accustomed to be set on work, and in conclusion if remedy be not found it may turn to the utter destruction and dislocation of this realm, which God defend; it may therefore please the King's Highness of his most gracious and godly disposition, and the Lords Spiritual and Temporal of their goodness and charity, with the assent of the Commons in this present[Pg 266] parliament assembled, to ordain and enact by authority of the same, that no person or persons from the feast of St. Michael the Archangel which shall be in the year of Our Lord God 1535 shall keep occupy or have in his possession in his own proper lands, nor in the possession, lands or grounds of any other which he shall have or occupy in farm, nor otherwise have of his own proper cattle in use, possession or property, by any manner of means, fraud, craft or covyn, above the number of 2,000 sheep at one time within any part of this realm of all sorts and kinds, upon pain to lose and forfeit for every sheep that any person or persons shall have or keep above the number limited by this act, 3s. 4d., the one half to the King our Sovereign Lord, and the other half to such person as will sue for the same.... It is also further enacted by authority aforesaid that no manner person after the said feast of the nativity of Our Lord shall receive or take for term of life, years or at will, by indenture, copy of court roll or otherwise, any more houses, tenements of husbandry, whereunto any lands are belonging in town, village, hamlet or tithing within this realm above the number of two such holds or tenements; and that no manner person shall have or occupy any such holds so newly taken to the number of two as is before expressed, except he or they be dwelling within the same parishes where such holds be, upon the pain of forfeiture for every week that he or they shall have, occupy, or take any profits of such holds contrary to this act 3s. 4d., the moiety of which forfeiture to be to the King our Sovereign Lord and the other moiety to the party that will sue for the same.....

16. Intervention of Privy Council under Somerset to Protect Tenants [263] [Acts of Privy Council, p. 540], 1549.

An Order taken upon complaint made to the Lord Protector and other of the King's Majesty's Privy Council for the town of Godmanchester.

First, all and every person within the said town having any[Pg 267] more houses of habitation than one in his possession, or any site of a house whereupon a house of habitation hath been with [in] [blank] years standing, shall at and before the Feast of St. Michael in the year of our Lord God 1549 let or demise every the said house with the land thereto accustomed, besides one, to a convenient person, if any that shall require, upon the usual rent, and upon every site now having no house of habitation shall before the said Feast of St. Michael in the same year build a house for habitation and thereto allot so much as thereto was heretofore belonging, and the same shall let and demise, if any that will hire, upon the accustomed rent.

Item, every person having converted any house or habitation unto any other use shall before Michaelmas next coming revert to the use of habitation as it was before, and the same shall let to any which that require upon the accustomed rent, and every person forthwith shall for every house of habitation, decayed site of habitation, and for every house of habitation converted to other use during the time of his possession, maintain and keep the King's watch and other common charges of the town in like manner as hath been heretofore of them used.

Item, whereas there is a great number of acres, lately belonging to certain gilds there, it is ordered that the same shall be divided to the inhabitants thereof in this manner; that is to say, to every ploughland 5 acres, and to every cottage or artificer there dwelling, or which hereafter upon the houses to be new builded shall dwell, one acre; and if the number do not extend, then every ploughland 4, and so for lack of that rate every ploughland 3; and the residue of the said acres falling after that rate to be divided amongst the cottages, paying for every of the said acres 3s. 4d. and above.

Item, also whereas there be certain groves of wood destroyed and turned to pasture in the same town, every such grove being so altered shall be by the owner thereof again (having been so altered within this 20 years before Michaelmas next coming) enclosed and preserved for wood, saving so much of the same to be reserved for a high way for the owner as in those cases the like is there used, the same high way to be severed by hedge from the rest of the grove; and where the groves be so destroyed that there remaineth no hope of growth, the owner thereof shall before the next season following meet for the same[Pg 268] set it with wood or sow it with acorns or otherwise as the same may best be for growth of wood.

Provided nevertheless if any manner person have converted any house of habitation or any site of habitation to his necessary use about his own house, so that the same should be great inconvenience to be reverted to the first and old use, then in that case the owner shall be discharged if he for every such habitation so altered do build a like house in some other convenient like place, and the same to use to all purposes as before is said of the like.

The bailiffs be commanded to bring their grant by charter to the Lord Protector at All Hallow tide next coming.

For the observation of which orders the bailiffs and others of that town be bound in recognisance before the said Protector and Council.

Henry Frear        } Have acknowledged and each of them has
Thomas Trecy    } acknowledged that they owe to the Lord
John Clark          } the King by themselves 100l. sterling.

17. An Act for the Maintenance of Husbandry and Tillage [39 Eliz. c. 2, Statutes of the Realm, Vol. IV., Part II. pp. 893-96], 1597-8.

Whereas the strength and flourishing estate of this kingdom hath been always and is greatly upheld and advanced by the maintenance of the plough and tillage, being the occasion of the increase and multiplying of people both for service in the wars and in times of peace, being also a principal means that people are set on work, and thereby withdrawn from idleness, drunkenness, unlawful games and all other lewd practices and conditions of life; and whereas by the same means of tillage and husbandry the greater part of the subjects are preserved from extreme poverty in a competent estate of maintenance and means to live, and the wealth of the realm is kept dispersed and distributed in many hands, where it is more ready to answer all necessary charges for the service of the realm; and whereas also the said husbandry and tillage is a cause that the realm doth more stand upon itself, without depending upon foreign countries either for bringing in of corn in time of scarcity, or for vent and utterance of our own com[Pg 269]modities being in over great abundance; and whereas from the 27th year of King Henry VIII of famous memory, until the five and thirtieth year of Her Majesty's most happy reign, there was always in force some law which did ordain a conversion and continuance of a certain quantity and apportion of land in tillage not to be altered; and that in the last parliament held in the said five and thirtieth year of her Majesty's reign, partly by reason of the great plenty and cheapness of grain at that time within this realm, and partly by reason of the imperfection and obscurity of the law made in that case, the same was discontinued; since which time there have grown many more depopulations, by turning tillage into pasture, than at any time for the like number of years heretofore: Be it enacted ... that whereas any lands or grounds at any time since the seventeenth of November in the first year of Her Majesty's reign have been converted to sheep pastures or to the fattening or grazing of cattle, the same lands having been tillable lands, fields or grounds such as have been used in tillage by the space of twelve years together at the least next before such conversion, according to the nature of the soil and course of husbandry used in that part of the country, all such lands and grounds as aforesaid shall, before the first day of May which shall be in the year of Our Lord God 1599, be restored to tillage, or laid for tillage in such sort as the whole ground, according to the nature of that soil and course of husbandry used in that part of the country, be within three years at the least turned to tillage by the occupiers and possessors thereof, and so shall be continued for ever.

And be it further enacted by the authority aforesaid, that all lands and grounds which now are used in tillage or for tillage, having been tillable lands, fields or grounds, such as next before the first day of this present parliament have been by the space of twelve years together at the least used in tillage or for tillage, according to the nature of the soil and course of husbandry used in that part of the country, shall not be converted to any sheep pasture or to the grazing or fattening of cattle by the occupiers or possessors thereof, but shall, according to the nature of that soil and course of husbandry used in that part of the country, continue to be used in tillage or for tillage for corn or grain, and not for waste.... And be it enacted by the authority aforesaid, that if any person or[Pg 270] body politic or corporate shall offend against the premises, every such person or body politic or corporate so offending shall lose and forfeit for every acre not restored or not continued as aforesaid, the sum of twenty shillings for every year that he or they so offend; and that the said penalties or forfeitures shall be divided in three equal parts, whereof one third part to be to the Queen's Majesty, her heirs and successors to her and their own use (and) one other third part to the Queen's Majesty, her heirs and successors for relief of the poor in the parish where the offence shall be committed ... and the other third part to such person as will sue for the same in any court of record at Westminster.... Provided also, that this act shall not extend to any counties within this realm of England, but such only as shall be hereafter specified; that is to say, the counties of Northampton, Leicester, Warwick, Buckingham, Bedford, Oxford, Berkshire, the Isle of Wight, Gloucester, Worcester, Nottingham, Hampshire, Wiltshire, Somerset, Dorset, Derby, Rutland, Lincoln, Hereford, Cambridge, Huntingdon, York, Pembroke in South Wales, and the Bishopric of Durham and Northumberland, and the counties of all the cities and corporations lying situate and being within the counties aforesaid, or confining to the same, and the Ainsty of the county of the city of York.

18. Speech in House of Commons on Enclosures [Hist. MSS. Com. MSS. of Marquis of Salisbury, Part VII, pp. 541-3], 1597 [264].

But now, as if all these wrongs should be redressed, and all the cries and curses of the poor should be removed, it hath pleased you, Mr. Speaker, to exhibit this bill to our view as a complete remedy. I will not say 'it is worse than the disease.' But this I may truly say, 'It is too weak for the disease!' Three things I find exactly and providently respected. First, that the law is general, without exception, drawing in the purchaser as well as the first offender, whereat, howsoever some may shake their heads, as pressed with their own grief, yet is there no new imposition charged upon them, but such as is grounded upon the common law. For being without contra[Pg 271]diction that this turning of the earth to sloth and idleness, whereby it cannot fructify to the common good, is the greatest and most dangerous nuisance and damage to the common people, the law hath provided that the treasure of wickedness shall profit nothing, but that the nuisance shall be reformed in the hands of the people that come in upon the best consideration.... And 26 Eliz. in the Exchequer, in Claypole's case, an exhibition was exhibited upon the Statute of 4 Hen. VII [265] against a purchaser for converting of tillage into pasture, and adjudged good, though the purchaser were not the converter, but only a contriver of the first conversion. So as this new law tends but for an explanation of the old, that every one by the eye may be informed what ought by the hand to be amended. Nay, though it be not fit, Mr. Speaker, to be published among the ruder sort, who, if they were privy to their own strength and liberty allowed them by the law, would be as unbridled and untamed beasts, yet is it not unfit to be delivered in this place of council, that is, that where the wrong and mischief spreads to an universality, there the people may be their own justices, as in 6 Ed. II and 8 Ed. III Ass. 154 and 447 it is adjudged that if a wall be raised atraverse the way that leadeth to the Church all the parishioners may beat it down, and 9 Ed. IV 445, if the course of a water that runs to a town be stopped or diverted all the inhabitants may break it down. Are the people thus interested in the Church wherein their souls are fed, and shall we not think them to be as deeply interested in the corn and increase of the earth that feeds and maintains their bodies? Therefore most wisely hath the gentleman that penned the law pressed the case upon the purchaser that he plough, lest the people plot to circumvent him.

The second thing so well provided is ... that it turns one eye backward to cure the ancient complaints and old festered disease of dearth and scarcity that hath been so long among us, and turns the other eye forward to cut out, as it were, the core that might draw on hereafter mischiefs of the same nature; where the gentleman that framed this bill hath dealt like a most skilful chirurgien, not clapping on a plaster to cover[Pg 272] the sore that it spread no further, but searching into the very depths of the wound, that the life and strength which hath so long been in decay by the wasting of towns and countries may at length again be quickened and repaired.

The third thing most politicly respected is the intercourse and change of ground to be converted into tillage, keeping a just proportion. For it fareth with the earth as with other creatures that through continual labour grow faint and feeble-hearted, and therefore, if it be so far driven as to be out of breath, we may now by this law resort to a more lusty and proud piece of ground while the first gathers strength, which will be a means that the earth yearly shall be surcharged with burden of her own excess. And this did the former lawmakers overslip, tyeing the land once tilled to a perpetual bondage and servitude of being ever tilled.

But this threefold benefit I find crossed and encountered with a fourfold mildness and moderation fit to have a keen edge and sharpness set upon it, wherein I acknowledge my master that drew this project to have shewed himself like a tender-hearted physician, who coming to a patient possessed and full of corrupt and evil humours, will not hastily stir the body, but apply gentle and easy recipes. But surely, Mr. Speaker, a desperate disease must have a desperate medicine, and some wounds will not be healed but by incision.

The first moderation I mislike in this new law is that the most cunning and skilful offender shall altogether slip the collar; for if a man have decayed a whole town by enclosures, and hath rid his hand of it by exchange with Her Majesty, taking from her ancient enclosed pastures naturally yielding after the rate that his forced enclosed ground can yield upon such corrupt improvement, and to justify the true value shall take a lease back again of the Queen, the man is an occupier within the words of this law. But by your favour, Mr. Speaker, not within the intent of this law to plough this new enclosure, because Her Majesty is in reversion, and this law doth not extend neither to her nor to her farmers. And that none might escape it were good that all of this kind might be enforced either to a contribution toward the poor,[266] who are chiefly wronged, or to the breaking up of the grounds he[Pg 273] received from Her Majesty because they come in lieu of the former.

The second moderation that would be amended is in the imposition of the pain ... which is but 10s. yearly for every acre not converted. By your favour, Mr. Speaker, it is too easy: and I will tell you, Sir, the ears of our great sheep-masters do hang at the door of this house, and myself have heard since this matter grew in question to be reformed, that some, enquiring and understanding the truths of the penalty, have prepared themselves to adventure 10s. upon the certainty of the gain of 30s. at the least. The third moderation is in the exception that exempts grounds mown for hay to be converted into tillage. And, if it please you, Sir, the first resolutions our enclosed gentlemen have is to sort and proportion their grounds into two divisions, the one for walks whereon their sheep may feed in the fresh summer, the other for hay whereon their sheep may feed in the hard winter; so that these grounds that carry hay have been as oil to keep the fire flaming and therefore no reason why they should be shielded and protected from the ploughshare.

The fourth moderation is that after this reconversion there is no restraint, but that every one may keep all the land ploughed in his own hands; whereupon will follow that as now there is scarcity of corn and plenty of such as would be owners, so then there will be plenty of corn, but scarcity of such as can be owners. For until our gentlemen that now enclose much, and then must plough much, shall meet with more compassion toward the poor than they have done, their small will be as small as it hath been, and then every one will be either an engrosser under false pretence of large housekeeping, or else a transporter by virtue of some license he will hope to purchase. And therefore it were good that every one should be rated how much he should keep in his own hands, and that not after the proportions of his present estimation; as, if a man hath lifted up his countenance by reason of this unnatural and cruel improvement after the rate of a gentleman of a thousand pounds by year, where the same quantity of land before would yield but a hundred pounds by year, I would have this man ruled after his old reckoning....

We sit now in judgment over ourselves: therefore as this bill entered at first with a short prayer 'God speed the plough.'[Pg 274] so I wish it may end with such success as the plough may speed the poor.

19. Speeches in House of Commons on Enclosures [D'Ewes Journal, p. 674], 1601 [267].

The points to be considered of in the continuance of Statutes were read, and offered still to dispute whether the Statute of Tillage should be continued.

Mr. Johnson said, In the time of Dearth, when we made this statute, it was not considered that the hand of God was upon us; and now corn is cheap; if too cheap, the Husbandman is undone, whom we must provide for, for he is the staple man of the kingdom. And so after many arguments he concluded the Statute to be repealed.

Mr. Bacon said the old commendation of Italy by the Poet was potens viris atque ubere glebae, and it stands not with the policy of the State that the wealth of the kingdom should be engrossed into a few graziers' hands. And if you will put in so many provisoes as be desired, you will make it useless. The Husbandman is a strong and hardy man, the good footman. Which is a chief observation of good warriors, etc. So he concluded the statutes not to be repealed.

Sir Walter Raleigh said, I think the law fit to be repealed; for many poor men are not able to find seed to sow so much as they are bound to plough, which they must do, or incur the penalty of the law. Besides, all nations abound with corn. France offered the Queen to serve Ireland with corn for 16s. a quarter, which is but 2s. the bushel; if we should sell it so here, the ploughman would be beggared. The low countryman and the Hollander, which never soweth corn, hath by his industry such plenty that they will serve other nations. The Spaniard, who often wanteth corn, had we never so much plenty, will not be beholding to the Englishman for it....

And therefore I think the best course is to set it at liberty, and leave every man free, which is the desire of a true Englishman.

Mr. Secretary Cecil said, I do not dwell in the country. I am not acquainted with the plough. But I think that whosoever doth not maintain the plough destroys this king[Pg 275]dom.... My motion therefore shall be that this law may not be repealed, except former laws may be in force and revived. Say that a glut of corn should be, have we not sufficient remedy by transportation, which is allowable by the policy of all nations?... I am sure when warrants go from the Council for levying of men in the countries, and the certificates be returned unto us again, we find the greatest part of them to be ploughmen. And excepting Sir Thomas More's Utopia, or some such feigned commonwealth, you shall never find but the ploughman is chiefly provided for, the neglect whereof will not only bring a general, but a particular damage to every man.... If we debar tillage, we give scope to the depopulator; and then if the poor being thrust out of their houses go to dwell with others, straight we catch them with the Statute of Inmates; if they wander abroad they are within danger of the Statute of the Poor to be whipped.

20. Return to Privy Council of Enclosers Furnished by Justices of Lincolnshire [S.P.D. Charles I, Vol. 206, No. 7], c. 1637.

Lincoln.—An abstract of such depopulators as have been hitherto dealt withal in Lincolnshire, and received their pardon.

The persons in number 9
The sum of their fines 300l.
The number of houses by bond to be erected 33
The time for the erection, within one year
The number of farms to be continued that are now standing 22

Sir Charles Hussey, knt. Fine 80l.
Bond of 200 marks, with condition to set up in Honington 8 farmhouses with barns, etc., and to lay to every house 30 acres of land, and to keep 10 acres thereof yearly in tillage.

Sir Henry Ayscough, knt. Fine 20l.
Bond 200 marks. To set up 8 farmhouses in Blibroughe with 30 acres to every farm, and 12 thereof to be kept yearly in tilth.

Sir Hamond Whichcoote, knt. Fine 40l.
Bond 200 marks. To set up 8 farmhouses, etc., in Harpswell, with 40 acres to every house; and 16 thereof in tillage.[Pg 276]

Sir Edward Carre, knt. Fine 30l.
Bond 100l. To set up 2 farmhouses in Branswell, and 1 in Aswarby with 40 acres to every house, 16 in tillage.

Sir William Wraye, knt. Fine 30l.
Bond 100l. To set up in Gaynesby 2 farmhouses with 2 acres at least to either, 10 in tillage, and to continue 2 farms more in Grainsby and 3 in Newbell and Longworth, with the same quantity, as is now used there, a third part in tilth.

Sir Edmund Bussye, knt. Fine 10l.
Bond 100l. To set up one farmhouse in Thorpe with 40 acres, 14 thereof in tillage, and to continue 14 farms in Hedor, Oseby, Aseby, and Thorpe, as they now are, with a third part in tillage.

Richard Rosetor, esqr. Fine 10l.
Bond 50l. To set up one farm in Limber with 40 acres, 16 in tillage, and to continue 1 farm in Limber, and 2 in Sereby, ut sup.

Robert Tirwhitt, esqr. Fine 10l.
Bond 50l. To set up one farm in Cameringham with 40 acres, 16 in tillage.

John Tredway, gent. Fine 10l.
Bond 40l. To set up one farm in Gelson with 30 acres, 10 thereof in tillage.

[Endorsed.] Lincoln Depopulators fined and pardoned and the reformations to be made.

21. Complaint of Laud's Action on the Commission for Depopulation [S.P.D. Charles I, Vol. 497, No. 10], 1641.

That upon the Commission of enquiry after depopulation, the Lord Archbishop of Canterbury and other the Commissioners, at the solicitation of Tho. Hussey, gent, did direct a letter in nature of a Commission to certain persons within the County of Wilts, to certify what number of acres in South Marston in the parish of Highworth were converted from arable to pasture, and what number of ploughs were laid down, etc.

Whereupon the Archdeacon with two others did return certificate, to the Lord Archbishop, etc.

Upon this certificate, Mr. Anth. Hungerford, Mr. Southby, with 15 others, were convented before his Grace and the other Commissioners at the Council Board, where, being charged with conversion;[Pg 277]

Mr. Anth. Hungerford and Mr. Southby with some others did aver that they had made no conversion, other than they had when they came to be owners thereof.

His Grace said that they were to look no further than to the owners. And certificate was returned that so many acres were converted and so many ploughs let down.

They alleged that this certificate was false and made without their privity, and therefore Mr. Hungerford in the behalf of the rest did desire that they might not be judged upon that certificate; but that they might have the like favour as Mr. Hussey had, to have certificates of the same nature directed to other Commissioners, or a Commission, if it might be granted, to examine upon oath whereby the truth might better appear.

His Grace replied to Mr. Hungerford, "Since you desire it and are so earnest for it you shall not have it."[268]

They did offer to make proof that since the conversion there were more habitations of men of ability and fewer poor, and that whereas the King had before 4 or 5 soldiers of the trained band he had now 9 there; that the impropriation was much better to be let.

His Grace said to the rest of the Lords, "We must deal with these gentlemen as with those of Tedbury, to take 150l fine, and to lay open the enclosures."

Which they refusing to do they were there threatened with an information to be brought against them in the Star Chamber. And accordingly were within a short time after by the said Mr. Hussey served with subpœnas at Mr. Attorney his suit in the Star Chamber: And this, as Mr. Hussey told Mr. Hungerford, was done by my Lord Archbishop his command.

SECTION II

1. A Protest at Coventry against a Gild's Exclusiveness, 1495—2. A Complaint from Coventry as to Inter-municipal Tariffs, 1498—3. The Municipal Regulation of Wages at Norwich, 1518—4. The Municipal Regulation of Markets at Coventry, 1520—5. The Municipal Regulation of Wages at Coventry, 1524—6. An Act for Avoiding of Exactions taken upon Apprentices in Cities, Boroughs, and Towns Corporate, 1536—7. An Act whereby certain Chantries, Colleges, Free Chapels, and the Possessions of the same be given to the King's Majesty, 1547—8. Regrant to Coventry and Lynn of Gild Lands Confiscated under 1 Ed. VI, c. 14 (the preceding Act), 1548—9. A Petition of the Bakers of Rye to the Mayor, Jurats, and Council to Prevent the Brewers taking their trade, 1575—10. Letter to Lord Cobham from the Mayor and Jurats of Rye concerning the Preceding Petition, 1575—11. The Municipal Regulation of the Entry into Trade at Nottingham, 1578-9—12. The Municipal Regulation of Markets at Southampton, 1587—13. The Municipal Regulation of Wages at Chester, 1591—14. The Company of Journeymen Weavers of Gloucester, 1602—15. Petition of Weavers who are not Burgesses, 1604-5—16. Extracts from the London Clothworkers' Court Book, 1537-1627—17. The Feltmakers' Joint-Stock Project, 1611—18. The Case of the Tailors of Ipswich, 1615—19. The Grievances of the Journeymen Weavers of London, c. 1649.

The documents in this section illustrate certain aspects of the life of towns and gilds from 1485-1660. In the first half of the sixteenth century two important changes in the legal position of gilds were made by Act of Parliament, (i) Owing to the growing complaints of their exclusiveness (Nos. 1 and 6). Parliament had already by 15 Hen. VI, c. 6, and 19 Hen. VII, c. 7, compelled gilds to submit their ordinances to the approval of extra-municipal authorities before they became[Pg 280] valid (Nos. 6 and 17). By 22 Hen. VIII it fixed 2s. 6d. as the maximum fee to be charged persons entering and 3s. 4d. as the maximum fee for persons leaving their apprenticeship. By 28 Hen. VIII c. 5 it forbad restrictive agreements designed to prevent apprentices or journeymen starting in trade on their own account (No. 6). (ii.) By 37 Hen. VIII c. 4 and 1 Ed. VI. c. 14 (No. 7) Parliament confiscated for the benefit of the Crown that part of gild property which was applied to religious purposes. The latter Act was, however, strongly opposed in the House of Commons, and the confiscated estates were restored to two towns, Coventry and King's Lynn (No. 8).

Apart from these changes towns and gilds pursued in the sixteenth century much the same economic policy as in earlier ages. They imposed inter-municipal tariffs (No. 2), and regulated markets (Nos. 4 and 12), wages (Nos. 3, 5, and 13), apprenticeship and the entry into trades (Nos. 1, 9, 10, 11, 15) on high moral grounds (No. 10), but sometimes with consequences unpleasant to those who were excluded (Nos. 1 and 15). Indeed their anxiety to preserve their monopoly occasionally brought them into conflict with the law, which "abhors all monopolies" (No. 18). Inside the gilds, however, a momentous change was going on. The fifteenth century had seen the rise within gilds of "yeomanry" organizations consisting of journeymen, of which an example is given below (No. 14, and Part I, Section V, No. 16). In the sixteenth and seventeenth centuries the gilds, at least in the larger towns, represented a wide range of interests, from the mercantile capitalist to the industrial small master, and it was often of such small masters, whose numbers appear to have increased in the sixteenth century, that the "yeomanry" then consisted (No. 16). They tended, however, to be at the mercy of the large capitalists, and occasionally under the first two Stuarts, who favoured them, they endeavoured to protect themselves by joint-stock enterprise (No. 17). In the middle of the seventeenth century a reverse movement was taking place. Small masters were becoming journeymen, and in London journeymen were engaged under the Commonwealth in active[Pg 281] agitation. Their organization was that of an embryo trade union; their doctrine the application to industrial affairs of the theory of the social contract (No. 19).

The more accessible of the modern writers dealing with the subject of this section are Cunningham, English Industry and Commerce, Modern Times, Vol. I; Ashley, Economic History, Vol. I, Part II, Chap. I and II; Gross, The Gild Merchant; Abram, Social England in the Fifteenth Century; Mrs. Green, English Town Life in the Fifteenth Century; Dunlop and Denman, English Apprenticeship and Child Labour; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, and The Gilds and Companies of London; Webb, English Local Government, The Manor and Borough; Brentano, Gilds and Trade Unions; Toulmin Smith, English Gilds; Rogers, Six Centuries of Work and Wages.

Bibliographies are given in Gross, op. cit. (the most complete); Cunningham op. cit., Vol. II, pp. 943-998; Ashley, op. cit., pp. 3-5 and 66-68; Abram, op. cit., pp. 229-238; Dunlop and Denman, op. cit., pp. 355-363; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 263-270.

The student may also consult the following:—

(1) Documentary Authorities:—The records of numerous towns and gilds have been published, and only a few can be mentioned here:—Stevenson, Records of Nottingham; Tingey, Records of Norwich; Bateson, Records of Leicester; Morris, Chester in the Plantagenet and Tudor Reigns; Turner, Select Records of Oxford; Harris, The Coventry Leet Book (E.E.T.S.); Bickley, The Little Red Book of Bristol; Guilding, Records of the Borough of Reading; Publications of the Historical Manuscripts Commission, Report 14, App. viii (Bury St. Edmunds); 15, App. x (Coventry), 12, App. ix (Gloucester), 13, App. iv (Hereford); 9, App. i (Ipswich); 14, App. viii (Lincoln); 15, App. x (Shrewsbury).

(2) Literary Authorities:—The number of contemporary writers dealing with gild and town life is not large. The most important are: Drei Volkswirthschaftliche Denkscriften aus der Zeit Heinrich VIII, von England, edited by Pauli; Starkey, A Dialogue Between Cardinal Pole and Thomas Lupset (E.E.T.S.); England in the Reign of King Henry VIII; The Commonwealth of this Realm of England (edited by Lamond); Crowley, Select Works (E.E.T.S.); Lever's Sermons (in Arber Reprints: where criticisms will be found on the confiscation of gild property); Harrison, A Description of Britain; Roxburghe Club, A Dialogue or Confabulation Between two Travellers.

1. A Protest at Coventry against a Gild's Exclusiveness [Coventry Leet Book, Vol. II, pp. 566-7], 1495.

1495. Mem.: that within vii days after Lammas there was a bill set upon the north church door in St. Michael's Church by some evil disposed person unknown, the tenor whereof hereafter ensueth:—

Be it known and understand
This city should be free and now is bond.

Dame Good Eve made it free,
And now there be customs for wool and drapery.

Also it is made that no prentice shall be
But xiii pennies pay shall he.

That act did Robert Green,[269]
Wherefore he had many a curse, I ween.

2. A Complaint from Coventry as to Inter-municipal Tariffs [Coventry Leet Book, Part I, p. 592], 1498.

Oct. 18th, 1498 ... And on the morrow the Mayor presented a bill to the said Prince desiring by the same that he would please to desire the prior of Coventry to pay at his desire the murage money which he had withdrawn the space of 20 years, and also showed his Grace by the same bill how the citizens of Coventry were troubled by their merchandizes in Bristol, Gloucester, and Worcester, and compelled to pay toll and other customs contrary to their liberties. Upon which bill letters went out to Bristol, Gloucester, and Worcester, desiring by the same that the said citizens of Coventry might pass free without any custom paying after their liberty, or else they appear in London crastino St. Martini then next following.

3. The Municipal Regulation of Wages at Norwich [Tingey. Selected Records of Norwich, II, p. 110], 1518.

Sept. 21st, 1518. It is agreed that from henceforth no artificer shall employ apprentice working by the day, viz.,[Pg 283] carpenters, masons, tilers, reeders, by taking for the wage of such an apprentice more than one penny a day until he has been appointed to better wages or salary by the headman of that craft in the presence of the Mayor for the time being. And if any one shall do contrary, he shall forfeit 12d., to be levied from the goods of the master of that apprentice.

4. The Municipal Regulation of Markets at Coventry [Coventry Leet Book, Part III, pp. 674-5], 1520.

October 10, 1520. Memorandum that the Xth day of October and in the [eleventh] year of the reign of King Henry VIII, then Master John Bond being Mayor of the City of Coventry, the price of all manner of corn and grain began to rise. Whereupon a view was taken by the said Mayor and his brethren what stores of all manner of corn, and what number of people was then within the said city, men, women and children, etc.

[Here follow particulars of the number of persons and amount of grain in each ward.]

Also a view by him taken what substance of malt was then brewed within the city weekly by the common brewers that brewed to sell.... The number of all the common brewers in the city ... 68. Item, they brewed weekly in malt 146 qrs. 1 bus.

Mem., that there was brought into this said city the Friday before Christmas Day in the year of the said John Bond then being Mayor, by his labour and his friends, to help sustain the city with corn, of all manner of grain Summa 97 qrs. 6 strike.

Mem., that there was at that time 43 bakers within the city, which did bake weekly amongst all 120 qrs. of wheat and 12, besides pease and rye.[Pg 284]

5. The Municipal Regulation of Wages at Coventry [Coventry Leet Book, Part III, pp. 688-9], 1524.

[Enacted] that the weavers of this city shall have for the weaving of every cloth, to the making whereof goeth and is put 80 and 8 lb. of wool or more to the number of 80 lb. and 16, 5s. for the weaving of every such cloth; and if the said cloth contain above the said number then the weaving to be paid for as the parties can agree, and if the cloth contain under the said number, then the owner to pay for weaving but 4s. 6d. And if the cloth be made of rests or green wool, then to pay as the parties can agree; and the payment to be made in ready money and not in wares as it is wont to be, and who refuses thus to do, and so proved before Master Mayor, to forfeit for every said default 3s. 4d., to be levied by the searchers of the said craft of weavers, with an officer to them appointed by the said Mayor, to the use of the common box. [Enacted] that every clothier within this city shall pay for walking of every cloth of green wool or middle work, 3s. 4d., and for every cloth of fine wool as the clothier and walker can agree, and that the clothier do pay therefore in ready money and not in wares.

6. An Act for Avoiding of Exactions Taken Upon Apprentices in Cities, Boroughs and Towns Corporate [28 Hen. VIII, c. 5. Statutes of the Realm, Vol. IV, Part I, pp. 286-8], 1536.

Where in the parliament begun at London the third of November in the 21st year of the reign of our most dread Lord King Henry the eight, and from thence adjourned and prorogued to Westminster the 16 day of January in the 22 year of the reign of our said Sovereign Lord and there then also holden, it was and it is recited, that where before that time it was established and enacted in the 19 year of our late Sovereign Lord King Henry the VIIth, that no masters, warden and fellowship of crafts, or any of them, nor any rulers of guilds or fraternities, should take upon them any acts or ordinances nor to execute any acts or ordinances by them before that time made or then hereafter to be made, in disheritance or diminution of the prerogative of the King nor of other nor against the common profit of the people, but if the same acts or ordin[Pg 285]ances were examined or approved by the chancellor, treasurer of England or chief justice of either bench or 3 of them, or before the justices of assize in their circuit or progress in the shire where such acts or ordinances be made, upon pain of forfeiture of £40 for every time that they do the contrary, as more plainly in the said act doth appear; since which time divers wardens and fellowships have made acts and ordinances, that every apprentice should pay at his first entry in their common hall to the wardens of the same fellowship some of them 40s., some 30s., some 20s., some 13s. 4d., some 6s. 8d., some 3s. 4d. after their own sinister minds and pleasure, contrary to the meaning of the said act made in the said 19 year of the reign of the said late King Henry the VIIth and to the great hurt of the King's true subjects putting their children to be apprentices: It was therefore in the said parliament holden at Westminster in the said 22 year of the reign of King Henry the eight, established and enacted by the King our Sovereign Lord by the advice of his Lords, Spiritual and Temporal, and of the Commons in the same parliament assembled and by the authority of the same, that no master, wardens or fellowships of crafts or masters or any of them, nor any rulers of fraternities should take from thenceforth of any apprentice or of any other person or persons for the entry of any apprentice into their said fellowship above the sum of 2s. 6d., nor for his entry when his years and term is expired and ended, above 3s. 4d. upon pain of forfeiture of £40 for every time that they do to the contrary.... Since which said several acts established and made (as is aforesaid), divers masters, wardens and fellowships of crafts have by cautell and subtil means compassed and practised to defraud and delude the said good and wholesome statutes, causing divers apprentices or young men immediately after their years be expired, or that they may be made free of their occupation or fellowship, to be sworn upon the Holy Evangelist at their first entry that they nor any of them after their years or term expired shall not set up or open any shop, house nor [cellar] nor occupy as free men, without the assent and licence of the master, wardens or fellowships of their occupations, upon pain of forfeiting their freedom or other like penalty; by reason whereof the said apprentices and journeymen be put to as much or more charges thereby than they beforetime were put unto for the obtaining and entering[Pg 286] of their freedom, to the great hurt and impoverishment of the said apprentices and journeymen and other their friends; For remedy whereof be it now by the authority of this present parliament established, ordained and enacted, that no master, wardens or fellowships of crafts nor any of them, nor any rulers of guilds fraternities or brotherhoods, from henceforth compel or cause any apprentice or journeyman, by oath or bond heretofore made or hereafter to be made or otherwise, that he after his apprenticeship or term expired, shall not set up nor keep any shop house nor cellar, nor occupy as a freeman without licence of the masters, wardens or fellowships of his or their occupation for and concerning the same; nor by any means exact or take of any such apprentices or journeyman nor any other occupying for themselves, nor of any other persons for them, after his or their said years expired, any sum of money or other things for or concerning his or their freedom or occupation, otherwise or in any other manner than before is recited limited and appointed in the said former act made in the said 22 year of the reign of King Henry the eight; upon the pain to forfeit for every time that they or any of them shall offend contrary to this act £40....

7. An Act Whereby Certain Chantries, Colleges, Free Chapels, and the Possessions of the Same be Given to the King's Majesty [1 Ed. VI, c. 14. Statutes of the Realm, Vol. IV, Part I, p. 24], 1547.

The King's most loving subjects, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, considering that a great part of superstition and errors in Christian religion hath been brought into the minds and estimation of men, by reason of the ignorance of their very true and perfect salvation through the death of Jesus Christ, and by devising and phantasing vain opinions of purgatory and masses satisfactory to be done for them which be departed, the which doctrine and vain opinion by nothing more is maintained and upholden than by the abuse of trentalls, chantries and other provisions made for the continuance of the said blindness and ignorance; and further considering and understanding that the alteration, change and amendment of the same, and converting to good and godly uses, as in erecting[Pg 287] of grammar schools to the education of youth in virtue and godliness, the further augmenting of the universities and better provision for the poor and needy, cannot in this present parliament be provided and conveniently done, nor cannot nor ought to any other manner person be committed than to the King's Highness, whose Majesty with and by the advice of his Highness most prudent council can and will most wisely and beneficially both for the honour of God and the weal of this his Majesty's realm, order, alter, convert and dispose the same....

... It is now ordained and enacted by the King our Sovereign Lord, with the assent of the Lords and Commons in this present parliament assembled, and by the authority of the same, that all manner of colleges, free chapels and chantries, having been or in esse within five years next before the first[Pg 288] day of this present parliament, which were not in actual and real possession of the said late king, nor in the actual and real possession of the king our sovereign lord that now is, nor excepted in the said former act in form abovesaid, other than such as by the king's commissions in form hereafter mentioned shall be altered, transposed or changed, and all manors, lands, tenements, rents, tythes, pensions, portions and other hereditaments and things above-mentioned belonging to them or any of them, and also all manors, lands, tenements, rents and other hereditaments and things above-mentioned, by any manner of assurance, conveyance, will, devise or otherwise had, made, suffered, acknowledged or declared, given, assigned, limited or appointed to the finding of any priest to have continuance for ever, and wherewith or whereby any priest was sustained, maintained or found, within five years next before the first day of this present parliament, which were not in the actual and real possession of the said late King, nor in the actual and real possession of our Sovereign Lord the King that now is, and also all annual rents, profits, and emoluments, at any time within five years next before the beginning of this present parliament employed, paid or bestowed toward or for the maintenance, supportation or finding of any stipendiary priest intended by any act or writing to have continuance for ever, shall by the authority of this present parliament, immediately after the feast of Easter next coming, be adjudged and deemed and also be in very actual and real possession and seisin of the King our Sovereign Lord and his heirs and successors for ever; without any office or other inquisition thereof to be had or found, and in as large and ample manner and form as the priests, wardens, masters, ministers, governors, rulers or other incumbents of them or any of them at any time within five years next before the beginning of this present parliament had occupied or enjoyed, or now hath, occupieth or enjoyeth the same; and as though all and singular the said colleges, free chapels, chantries, stipends, salaries of priests and the said manors, lands, tenements and other the premises whatsoever they be, and every of them, were in this present act specially, particularly, and certainly rehearsed, named and expressed, by express words, names and surnames, corporations, titles and faculties, and in their natures, kinds and qualities....

And over that be it ordained and enacted by the authority[Pg 289] of this present parliament, that where any manors, lands, tenements, tythes, pensions, portions, rents, profits, or other hereditaments, by any manner of assurance, conveyance, will, devise or otherwise at any time heretofore had, made, suffered, acknowledged or declared, were given assigned or appointed to or for the maintenance, sustentation or finding of any priest or divers priests for term of certain years yet continuing, and that any priest hath been maintained, sustained or found with the same or with the revenues or profits thereof within five years last past, that the king from the said feast of Easter next coming shall have and enjoy in every behalf for and during all such time to come every such and like things, tenements, hereditaments, profits and emoluments as the priest or priests ought or should have had for or toward his or their maintenance, sustenance or finding, and for no longer or further time, nor for any other profit, advantage or commodity thereof to be taken....

... And be it ordained and enacted by the authority of this present parliament, that the King our Sovereign Lord, his heirs and successors, from the said feast of Easter next coming, shall have hold, perceive and enjoy for ever, all lands, tenements, rents and other hereditaments which, by any manner of assurance, conveyance, wills, will, devise or otherwise at any time heretofore had made suffered, acknowledged, or declared, were given, assigned or appointed to go or be employed wholly to the finding or maintenance of any anniversary or obit or other like thing, intent, or purpose, or of any light or lamp in any church or chapel to have continuance for ever, which hath been kept or maintained within five years next before the said first day of this present parliament.

... And furthermore be it ordained and enacted by the authority aforesaid, that the King our Sovereign Lord shall from the said feast of Easter next coming have and enjoy to him, his heirs and successors for ever, all fraternities, brotherhoods and guilds being within the realm of England and Wales and other the king's dominions, and all manors, lands, tenements and other hereditaments belonging to them or any of them, other than such corporations, guilds, fraternities, companies and fellowships of mysteries or crafts, and the manors, lands, tenements, and other hereditaments pertaining to the said corporations, guilds, fraternities, companies and fellow[Pg 290]ships of mysteries or crafts above mentioned, and shall by virtue of this act be judged and deemed in actual and real possession of our said Sovereign Lord the King, his heirs and successors from the said feast of Easter next coming for ever, without any inquisitions or office thereof to be had or found....

And also be it ordained and enacted by the authority aforesaid, that our said Sovereign Lord the King, his heirs and successors, at his and their will and pleasure, may direct his and their commission and commissions under the great seal of England to such persons as it shall please him, and that the same commissioners, or two of them at the least, shall have full power and authority by virtue of this Act and of the said commission, as well to survey all and singular lay corporations, guilds, fraternities, companies and fellowships of mysteries or crafts incorporate, and every of them, as all other the said fraternities, brotherhoods and guilds within the limit of their commission to them directed, and all the evidences, compositions, books of accounts and other writings of every of them, to the intent thereby to know what money and other things was paid or bestowed to the finding or maintenance of any priest or priests, anniversary, or obit or other like thing, light or lamp, by them or any of them; as also to enquire, search and try, by all such ways and means as to them shall be thought meet and convenient, what manors, lands, tenements, rents and other hereditaments, profits, commodities, emoluments and other things be given, limited, or appointed to our said Lord the King by this act, within the limits of their commission: and also that the same commissioners or two of them at the least, by virtue of this act and of the commission to them directed, shall have full power and authority to assign and shall appoint, in every such place where guild, fraternity, the priest or incumbent of any chantry in esse the first day of this present parliament, by the foundation, ordinance, [the] first institution thereof should or ought to have kept a grammar school or a preacher, and so hath done since the feast of St. Michael the Archangel last past, lands, tenements and other hereditaments of every such chantry, guild and fraternity to remain and continue in succession to a schoolmaster or preacher for ever, for and toward the keeping of a grammar school or preaching, and for such godly intents and purposes and in such[Pg 291] manner and form as the same commissioners or two of them at the least shall assign or appoint: and also to make and ordain a vicar to have perpetuity for ever in every parish church, the first day of this present parliament being a college, free chapel, or chantry, or appropriated and annexed or united to any college, free chapel, or chantry that shall come to the king's hands by virtue of this act, and to endow every such vicar sufficiently, having respect to his cure and charge; the same endowment to be to every vicar and to his successors for ever, without any other license or grant of the King, the bishop, or other officers of the diocese: ...

... And also be it ordained and enacted by the authority of this present parliament that our Sovereign Lord the King shall have and enjoy all such goods, chattels, jewels, plate, ornaments and other moveables, as were or be the common goods of every such college, chantry, free chapel, or stipendiary priest belonging or annexed to the furniture or service of their several foundations, or abused of any of the said corporations in the abuses aforesaid, the property whereof was not altered nor changed before the 8 day of December in the year of our Lord God 1547....

[270] This and the following document deal with the confiscation of that part of the property of gilds which was devoted to religious purposes. The Act printed above was a re-enactment with some important variations of an Act of 1545 (37 Hen. VIII, c. 4). For its object and effect see Ashley, Economic History, Vol. I, part II, pp. 142-145, and pp. 184-187, who gives reasons for disagreeing with the statement of Thorold Rogers (Six Centuries of Work and Wages, pp. 347-350, and The Economic Interpretation of English History, p. 15) that the Act "suppressed" the craft gilds; Pollard, The Political History of England 1547-1603, pp. 17-20 ("the greatest educational opportunity in English history was lost, and the interests of the nation were sacrificed to those of its aristocracy"); Leach, English Schools at the Reformation, p. 68; Toulmin Smith's English Gilds. Lever (Sermons 1550, Arber's Reprints, pp. 32, 73, and 81) complains bitterly of the use to which the confiscated property was put. "For in suppressing of abbeys, cloisters, colleges, and chantries, the intent of the King's Majesty that dead is, was, and of this our King now is, very godly.... Howbeit covetous officers have so used this matter that even those goods which did serve to the relief of the poor, the maintenance of learning, and to comfortable necessary hospitality in the Commonwealth, be now turned to maintain worldly, wicked, covetous ambition." ... "Your Majesty hath had given and received by Act of Parliament, colleges, chantries, and gilds for many good considerations, and especially, as appeareth in the same Act, for erecting of grammar schools to the education of youth in virtue and godliness, to the further augmenting of the Universities, and better provision for the poor and needy. But now many grammar schools, and much charitable provision for the poor be taken, sold, and made away, to the great slander of you and your laws, to the utter discomfort of the poor, to the grievous offence of the people, to the most miserable drowning of youth in ignorance, and for decay of the Universities."

8. Regrant to Coventry and Lynn of Gild Lands Confiscated under I Ed. VI, c. 14. [Acts of the Privy Council, New Series, pp 193-5], 1548.

Whereas in the last parliament, holden at Westminster in November, the first year of the King's Majesty's reign, among other articles contained in the act for colleges and chantry lands, etc., to be given unto his Highness, it was also inserted that the lands pertaining to all guilds and brotherhoods within this realm should pass unto his Majesty by way of like gift, at which time divers then being of the lower house did not only reason and argue against that article made for the guildable lands, but also incensed many others to hold with them, among the which none were stiffer nor more busily went about to impugn the said articles than the burgesses for the town of Lynn, in the county of Norfolk, and the burgesses of the city of Coventry, in the county of Warwick; the burgesses of Lynn alleging that the guild lands belonging to their said[Pg 292] town were given for so good a purpose (that is to say, for the maintenance and keeping up of the pier and seabanks there, which being untended to would be the loss of a great deal of low ground of the country adjoining), as it were great pity the same should be alienated from them as long as they employed it to so necessary an use; and semblably they of Coventry declaring that where that city was of much fame and antiquity, some times very wealthy though now of late years brought into decay and poverty, and had not to the furniture of the whole multitude of the Commons there, being to the number of xi or xii thousand housling people, but two churches wherein God's service is done, whereof the one, that is to say, the church of Corpus Christi, was specially maintained of the revenues of such guild lands lying only in houses and tenements within the town as had been given heretofore by diverse persons to that use and others no less beneficial to the supporting of that city; if therefore now by the act the same lands should pass from them it should be a manifest cause of the utter desolation of the city, as long as the people, when the churches were no longer supported, nor God's service done therein, and the other uses and employments of those lands omitted, should be of force constrained to abandon the city and seek new dwelling places, which should be more loss unto the King's Majesty by losing so [much] of the yearly fee farm there, and subversion of so notable a town, than the accruing of a sort of old houses and cottages pertaining to the guilds and chantries of the said cities, should be of value or profit to his Majesty, as long as his Highness should be at more cost with the reparations of the same than the yearly rents would amount unto.

In respect of which their allegations and great labour made herein unto the House, such of his Highness Council as were of the same House there present thought it very likely and apparent that not only that article for the guildable lands should be dashed, but also that the whole body of the act might either sustain peril or hindrance being already engrossed, and the time of the Parliament Prorogation hard at hand, unless by some good policy the principal speakers against the passing of that article might be stayed; whereupon they did anticipate this matter with the Lord Protector's Grace and others of the Lords of his Highness Council, who, pondering on the one part how the guildable lands throughout this realm[Pg 293] amounted to no small yearly value, which by the article aforesaid were to be accrued to his Majesty's possessions of the Crown; and on the other part weighing in a multitude of free voices what moment the labour of a few setters on had been of heretofore in like cases, thought it better to stay and content them of Lynn and Coventry by granting to them to have and enjoy their guild lands, etc., as they did before, than through their means, on whose importune labour and suggestion the great part of the Lower House rested, to have the article defaced, and so his Majesty to forego the whole guild lands throughout the realm; and for these respects and also for avoiding of the proviso which the said burgesses would have had added for the guilds to this article, which might have ministered occasion to others to have laboured for the like, they resolved that certain of his Highness' Councillors being of the Lower House should persuade with the said burgesses of Lynn and Coventry to desist from further speaking or labouring against the said article, upon promise to them that if they meddled no further against it, his Majesty, once having the guildable lands granted unto him by the act as it was penned unto him, should make them over a new grant of the lands pertaining then unto their guilds, etc., to be had and used to them as afore. Which thing the said Councillors did execute as was devised, and thereby stayed the speakers against it, so as the act passed with the clause for guildable lands accordingly.

And now seeing that the Mayors and others of the said city of Coventry and town of Lynn by reason of that promise so made unto them have humbly made suit unto the Lord Protector's Grace and Council aforesaid that the same may be performed unto them, which promise his Grace and the said Council do think that his Highness is bound in honour to observe, although it were not so that indeed those lands which belonged to the guild at Lynn cannot well be taken from them, being so allotted and employed to the maintenance of the pier and seabanks there, which of necessity as was alleged, require daily reparations, no more than the guild and chantry lands at Coventry upon the foresaid considerations could conveniently (as was thought) be taken from them without putting the said city to apparent danger of desolation; it was therefore this day ordained, and by the accord and assent of the Lord Protector's Grace and others of his Highness[Pg 294] Council decreed, that letters patents should be made in due form under the King's Majesty's Great Seal of England whereby the said guild lands belonging to the two churches at Coventry should be newly granted unto them of the city for ever, and the lands lately pertaining to the guild of Lynn also granted unto that town for ever, to be used to such like purpose and intent as aforetimes by force of their grants they were limited to do accordingly.

9. A Petition of the Bakers of Rye to the Mayor, Jurats and Council to Prevent the Brewers Taking their Trade [Hist. MSS. Com, Thirteenth Report, App. Part IV, p. 45], 1575.

Whereas, as well in ancient time as now of late days, good and wholesome laws have been by the State of this realm devised, ordained, and enacted for the better maintenance of the subjects of the same; amongst which laws it is ordained how each sort of people, being handicraftsmen or of occupation, should use the trade and living wherein they have been lawfully trained up and served for the same as the said laws do appoint; nevertheless, it may please your worships, divers persons do seek unto themselves by sinister ways and contrary to those good laws certain trades to live by, and not only to live by but inordinately to gain, to the utter overthrow of their neighbours which have lawfully used those occupations, and served for the same according to the said laws. Amongst which sort of people certain of the brewers of this town use the trade and occupation of bakers, not having been apprentices to the same, nor so lawfully served in the same trade as they thereby may justly challenge to use the said occupation of baking, to the utter impoverishment of the bakers of the said town, their wives, children, and families, and contrary to the law, equity, and good conscience; whereby we whose names are underwritten shall be constrained to give over, and for themselves to seek some other means to live, and to leave our wives and children, if in time remedy be not provided by your worships for the same. James Welles.
John Mylles.
Edward Turner.
Philip Caudy.
William Gold.
[Pg 295]

10. Letter to Lord Cobham from the Mayor and Jurats of Rye concerning the Preceding Petition [ibid., pp. 47-8], 1575.

Upon the lamentable complaint of our poor neighbours the bakers, we did with good and long deliberation consider of their cause, and finding that their decay is such as without speedy reformation they shall not have wherewith to maintain their wives, children, and family, which are not few in number, a thing in conscience to be lamented, and we for remission in duty to be greatly blamed; and since the overthrow of these poor men is happened by reason of the brewers (who ought by the laws of this realm not to be bakers also) have by our sufferance (but the rather for that Robert Jackson is towards your Lordship) used both to bake and brew of long time, whereby Robert Jackson (God be thanked) is grown to good wealth, and the whole company of the bakers thereby utterly impoverished, and finding that by no reasonable persuasion from us, neither with the lamentable complaint of the bakers, those brewers would leave baking, we were driven by justice and conscience to provide for their relief the speedier. Whereupon we did, with consent of Mayor, Jurats, and Common Council, make a certain decree, lawful, as we think, for the better maintenance of them, their wives, children and family, a matter in civil government worth looking into when the state of a common weal is preferred before the private gain of a few, which decree we required Mr. Gaymer to acquaint your Honour with, at his last being with you, who upon his return advertised us that your Lordship had the view thereof, and also of your Honour's well liking of the same, humbly beseeching your good Lordship's aid and continuance therein, whereof we have no doubt, being a matter that doth concern (and that according to the laws of the realm) the relief of those who are brought to the brink of decay.

11. The Municipal Regulation of the Entry into Trades at Nottingham [Stevenson, Nottingham Records, Vol. IV, p. 186], 1578-9.

1578-9, March 9. Memorandum also, that all manner of prentices already bound and to be bound to bring their indentures to be enrolled before May day next, or else every[Pg 296] master to forfeit 12d. And the Mayor to admit no burgess but by consent of the Wardens of the occupation in default of the Wardens; and to have a special regard that such have been and served as apprentices and been enabled, according to the statute of anno 5 of Queen Elizabeth.

12. Municipal Regulation of Markets at Southampton [Hearnshaw, Southampton Court Leet Records, Vol. I, Part II, p. 256], 1587.

Item we present that Mr. Brawycke, who, it is said ... was bound unto your worships for the serving of the inhabitants of this town with candles at 2d. the lb., having all the tallow of the victuallers to this town at a price reasonable to his good liking and great commodity many years, restraining all others from having any part thereof by virtue of his grant from your worships as aforesaid, a scarcity of tallow now happening for one year, doth presently refuse to serve the inhabitants at any reasonable price, and the best cheap that is to be had is 3d., and many times 4d. the lb.; a happy man that can make his bargain so well to take it when there is profit and refuse to serve when the profit faileth, and to raise it at his own will for his best advantage, and to tie all men and himself to be at liberty; the artificers and the poorer sort of people are most of all pinched, wherewith they, with the rest, find themselves aggrieved, so desire your worships thoroughly to consider thereof.

13. The Municipal Regulation of Wages at Chester [Morris, Chester in the Plantagenet and Tudor Reigns, p. 436], 1591.

30 July, 33 Eliz. And at the same assembly Mr. Mayor delivered the corporation of the wrights and slaters, letting to understand of their great exactions of the citizens and servants, whereby they deserved to be disfranchised and their corporations dissolved. Whereupon it was thought most meet that Mr. Mayor do call before him the aldermen and stewards thereof, and take them in bond for redress and remedy of all such wrongs ... and in the meantime their corporation to be retained and also receive and give from time to time such wages as shall be appointed by the Mayor for the time being.[Pg 297]

14. The Company of Journeymen Weavers of Gloucester [Hist. MSS. Com., Twelfth Report, App. Part IX, pp.416-418], 1602.

Thos. Machyn, Mayor of the City of Gloucester, to all to whom, etc. Know ye that there came this day into the Court of the aldermen there divers of the journeymen weavers of the said city in the name of their whole fellowship of journeymen, and signified by their petition that whereas before this time sundry good ordinances have been made and granted by, and agreed upon by and between the master weavers of the said city, known by the name of the Warden and Fraternity of St. Anne of the weavers in the town of Gloucester, and the said journeymen, for the good order and government of man and for their better relief; and some disuse of the same has been of late years through the negligence of some of the said journeymen, and upon this untrue intendment that some of the said ordinances were not warrantable by the laws of this realm, nor convenient for the public good of the said city; it has therefore seemed fit to us, the Mayor and Aldermen, not only thoroughly to consider the said articles, but also to consider such books of compositions as have been heretofore given to the said company or fraternity of weavers, either by our predecessors or by the justices of assize of the county of the city; we have therefore called before us the Wardens and Stewards of the said fraternity or company to hear what they could or would say thereupon for our better information, requiring them further to shew us their books of compositions; who very willingly and orderly brought before us the several books hereafter mentioned; one book approved by the Justices of Assize, dated 10 Nov., 24 Henry VII, another book granted by our predecessors, also allowed by the Justices of Assize, dated 13 March, 4 Edward VI. We, having fully considered the said books, are pleased, with the consent of the present Warden and Stewards of the said Company of Weavers and of others the masters of the said Company occupying the trade of weaving within the said city, to allow that the journeymen of the said trade in the said city may in quiet and orderly sort at any time hereafter congregate and meet together at any fit place within the said city and such time of the day, between the hours of seven of the clock in the forenoon and four of the clock in the afternoon, as to them shall be thought fit and con[Pg 298]venient, ever giving notice to the Warden of the said Company of weavers or, in his absence, to one of the stewards of the said fraternity one day before, at the least, of their meaning and purpose to meet, to the intent that if the said Warden or any of the said Company of the master weavers shall think or know anything meet to be considered of and conferred of between them, that the same might be proposed and so concluded of as might stand with equity and good order, and to the end that a quiet and peaceable demeanour with orderly and civil usage may be by and among the said whole company of journeymen at all times hereafter observed, and that the one to the other of them may give that brotherly aid and Christian relief as best may be for their helps, some of them being young men and bachelors having neither houses of their own or family, and some others of great years burdened with the charge of wife and many children; it is therefore thought good by us, with the assent of the said master-weavers, that they the said journeymen shall and lawfully may yearly, on the day of Saint Peter the Apostle, meet together and choose two honest and discreet journeymen of the elder and discreetest sort of them to be their Stewards for the year ensuing, which Stewards shall have power and authority to assemble and call together all the journeymen of the said art or others whatsoever professing and using the trade of weaving in the said city or suburbs of the same not being masters, and they so being assembled to confer among themselves of all such good means and orders as best may be for the good of their society and to the only ends and purposes before mentioned; which said journeymen being so chosen shall take upon them the said office of Stewardship and shall execute all and singular the following ordinances, either of them refusing the said office to forfeit 40s.; and the said Stewards shall be yearly presented on St. Ann's day by six of the elder and better sort of their Company of journeymen unto the Warden and Stewards of the said Company of Weavers at such time and place as shall be by them appointed, there to understand what to them doth pertain as servants of the said trade of weaving, or by virtue of their composition or grants made heretofore, or hereafter to be made, etc., all of which they shall faithfully promise by giving of their hands to perform and cause to be performed, on pain of 20s.

[Detailed ordinances follow. They require journeymen[Pg 299] who are strangers to produce a certificate of apprenticeship and testimony of good behaviour, and to pay on admission 8d. to the fellowship of journeymen. Other journeymen are to pay 4d. on admission, and all are to pay 1d. per quarter "to the relief of the poorer sort of the said fellowship." Journeymen embezzling yarn are to be expelled, and those absent from the election of new stewards are to be fined 3s. 4d. The company of journeymen shall do nothing prejudicial "towards the Warden and his Company ... of the said art ... of weavers, either by raising ... their wages or otherwise."]

15. A Petition of Weavers who are not Burgesses [Nottingham Records, Vol. IV, pp. 274-5], 1604-5.

Be it known, Right Worshipful, that we be a certain number of poor weavers who do use our trade within this town of Nottingham, thereby to maintain ourselves our wives and children, according to the laws of God and the King's Majesty's laws. It is not unknown unto your worship how the burgess weavers have sought, and at this present do seek, to put us down from working, thereby to work the utter undoing of us and of our poor families. We humbly do entreat your Worships' favours with equity to consider of our poor estates, who do not offend them nor work within their freedom or composition, if they have any. Your Worships may understand they do trouble us more of malice than for any hindrance they receive by us, for that we see men of other trades, both in this corporation and others, not being burgesses, yet work in manner as we do, unmolested or troubled. Therefore we beseech your Worships that we may have liberty to use our trades for the maintenance of ourselves, our wives, and children, and if there be anything due either to Master Mayor or any of his Worships' officers we are ready to discharge it; but as for the weavers, we know no reason or authority they have to claim anything of us, neither do we find ourselves able to bear so heavy a burden as they would lay upon us.[Pg 300]

16. Extracts from the London Clothworkers' Court Book [Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 229-234], 1537-1627.

July 13, 1 Mary. All the company had warning to keep their servants from unlawful assemblies and that they have no talk of the council's matters as they will answer at their uttermost perils.

January 16, 1-2 Mary. The wardens of the yeomanry brought into the hall a new chest with iii locks and iii keys to serve to put their money in, wherein was by them put in ready money xiiijl. vis. xid., the Mr. of the Company having one key, the upper warden of the yeomanry another key, and one of the assistants of the yeomanry to have the third key.

Also it was agreed that the said Wardens of the Yeomanry shall have such orders as hath been here taken, concerning such articles as they ought amongst themselves to observe, to be entered in their book to the intent they may better keep them.

July 13, 2 Mary. It is agreed that from henceforth all such apprentices as shall come out of their years, being of the handicraft, shall before they be sworn be tried and seen by the Wardens of the Yeomanry, whether they be workmen able to serve in the common weal or not.

November 29, 1567. This day the whole company of the handicraftsmen were warned to be here according to the order taken by the last court day, and these articles following were read unto them, and they all with one voice consented to every of the said articles, and made humble request with willing hearts as they professed that these said orders may be forthwith put in execution with diligence, affirming the same orders to be profitable to them all.

Item that there shall be eight or ten persons elected and chosen by the wardens and assistants to have the view of all the merchants' cloths hereafter to be wrought within the company, and that no person of this company to fold, take, or press or to deliver to the owner any merchant's cloth before the same cloth be viewed and seen by two of the said persons so appointed. And the said cloths so by them seen and found truly wrought, that is to say rowed, barbed, first-coursed and shorn from the one end to the other according to the statute last made, they to set the common seal of the house to every[Pg 301] such cloth in token of true workmanship done upon the same. And every such cloth as shall be by the said searchers or any of them found faulty in workmanship, or that shall be folded, tacked, pressed, or delivered to the owner before it be viewed and sealed in form aforesaid, every workman of such cloth or cloths to pay for a fine of every such cloth xxs....

December 6, 1591. This day also at the earnest suit and request and upon the full agreement of those of the assistants and livery of the Company being of the handicraft, the Wardens of the Yeomanry, their assistants and xxiiij more of the said yeomanry, it was by this Court fully ordered and agreed that there shall be four of the said yeomanry appointed to be sealers to seal all such woollen cloth as the merchants or any of them shall appoint and deliver to any of this company to be dressed to the intent to be transported over sea, etc. ... and that every clothworker shall send for the sealers when his cloth is ready.

First, we entreat your worship that the upper Warden of the Yeomanry's account may be yearly audited according to an old custom carefully provided for by your worships predecessors, (that is to say) by two from your worships Court of Assistants and two of our Ancients of the yeomanry.

Secondly, we humbly entreat your worship that the remainder of the quarterage, your worships' officers being paid, may remain in the yeomanry's chest according to an old custom, our worshipful Master of this Company for the time being to keep one key, the upper Wardens of the Yeomanry to keep another key, and one of the Ancients of the Assistants of the Yeomanry to keep the third key.

Thirdly, we desire of your worship that the upper warden of the yeomanry may have one of his Ancients last being in his place to sit by him and assist him in his accompts and to show him wherein the Company is wronged.

Fourthly, we desire that when we shall find our officer of the yeomanry to be slack and remiss in doing of his duty in his service which he ought to do for the good of the Company, and the same duly proved against him, that we of the yeomanry may have full authority to dismiss him at our own discretion,[Pg 302] but not without the consent of the Master and Wardens and Assistants of this Company for the time being first had and obtained in that behalf.

These Petitions and requests of the yeomanry were granted and agreed upon by the Master, Wardens and Assistants present at the said court holden the said sixteenth day of January 1610 aforesaid.

June 13, 1627. Whereas ... Suit was commenced in Court of King's Bench at Westminster by the Wardens of Yeomanry in the name of Master and Wardens against divers Merchant Adventurers upon viii Elizabeth, which yet dependeth in the said court undetermined, and the said Wardens of Yeomanry considering that the proceedings in like suits formerly commenced have been stopped by some special command of the King and State upon the solicitation of the said Merchant Adventurers being strong in purse and friends, have bethought themselves of a way or mean to prevent the said Merchant Adventurers from the like, and to that purpose have dealt with a Gentleman named Mr. George Kirke of the King's Majesty's Bedchamber, very gracious with his Majesty, who for a fourth part of this moiety of all penalties, forfeitures which shall be obtained or gotten upon any recovery to be had against any of the said Merchant Adventurers upon any action or suit brought or to be brought, sued, commenced, etc., hath undertaken to do his best and to use all the credit and means he can to his Majesty that there be no stop or stay in course of law for the solicitation or procurement of the said Merchant Adventurers in suits already brought or to be brought.

[The Wardens of Yeomanry ask that the Court may record the agreement.]

17. The Feltmakers' Joint-Stock Project [271] [Cotton MSS. Titus B.V. 117], c. 1611.

The state of the Feltmakers' Case, with some propositions on their part to remedy the mischiefs they now are constrained to endure.

The feltmakers were by decrees in Star Chamber united to the Company of the Haberdashers, London, and did sit[Pg 303] with them in their hall for government of the trade, till they, finding themselves rather oppressed by them than any way cherished or abuses reformed, thereupon by suit obtained a charter from his Majesty by which they were incorporated a body of themselves by the name of Master, Wardens and Commonalty of the Art and Mystery of Feltmakers of London and 4 miles compass.

Hereupon by allowance of the Lord Mayor they published their charter, took them a hall, and accordingly did and do govern their company. Afterwards considering that they were a trade and company of themselves by whom many thousands do live besides their company, namely, the hat trimmers, band makers, hat dyers and hat sellers, which are the haberdashers, and yet nevertheless they were extremely kept under by the haberdashers engrossing the commodity of wools brought in merely for their trade of hatmaking and for no other use, and by that means having both the means of the feltmakers' trade (for wool) and the means of their maintenance (for buying their wares being made) all in their power, by which the feltmakers in general (except some few in particular) do find themselves much wronged, and by means of it and their daily threats did fear the overthrow of their trade: whereupon the generality petitioning to the company of the hard case they lived in, notwithstanding their extreme sore labour, besought them to provide some means for their relief and prevention of what might ensue. The company then by means made them a stock to buy the wools imported for the company at the best hand; but being opposed by the haberdashers, the prices by that means were enhanced, and yet the sale of their wares made kept in bondage as before, whereby many of their trade have been impoverished, many forced to leave their trade, and many to forsake the city, by which means all that now live of feltmaking as pickers, carders, trimmers, bandmakers, dyers and hatsellers are much hindered, the trade being drawn into the country.

Hereupon the company became (as often before) humble suitors for their freedom, which by opposition of the Company of Haberdashers and their false suggestions to the court, they could not obtain—howbeit a Committee of Aldermen have certified it to be fit—neither are suffered to have liberty to search for the abuses of their trade under warrant from the[Pg 304] Lord Mayor, which formerly they have often done; besides, their shops threatened to be shut up, notwithstanding their inhabiting of the city many years.

Now the company seeing the extreme malice of the haberdashers, and that the sale of their wares lieth solely in them, whereby many are forced to hawk their hats made contrary to the statutes, and sell at far less rates than they can truly afford them, only to buy victual, whereby if some redress be not had many will be undone or forced to go into the country, to the great damage of the trade in general and overthrow of the corporation which they much desire to support: they have considered to raise them a stock to take in all men's wares when they be made, to avoid hawking, and to encourage men to follow their trade and continue within the corporation, for the benefit of all parties, the city, the trade and company, and all that trim and sell hats and live by that trade, without desire of enhancing the price of anything or damage to any man.

The stock they purpose to be 25,000l., to be resident in some convenient place of the suburbs, where men may take notice to have money for their wares if they will bring them, being made good and at such rates as they may well be afforded, by judgment of sworn men of the trade, who shall rate them both inward and outward, so as the poor shall sell much better than they have done the other sort, howbeit they sell cheaper by 2s. in the pound than for the most part they have done; yet having a certain market and ready money to buy wool again; and, in that then they shall be in no hazard of loss by trusting, as now they do, their gain will be much more.

2. Felts will be better made in that every man shall have price for his ware as his workmanship is.

3. The trade, being much used in the country, will revert into the city, to the benefit of the city and all that live by the trade.

4. The haberdasher shall buy good wares more generally than now and at as cheap rates as he now usually buyeth (the times of the year and prices of wool considered), and be sorted with much more ease and content than now he is.

5. The haberdasher of mean estate shall be in much better[Pg 305] case than now, for that every man shall have good wares without culling according to their sorts.

6. The commonwealth shall be better served in that now they shall have good wares for their money.

7. The stock cannot but be gainful to the stockers, in that the hats, according to their goodness, shall come in at 2s. in the pound profit upon the sale, merely out of the feltmaker's labour, who is equally benefited by the certain stock. Besides, the often return of the stock at 2s. in the pound cannot but give content to the stockers.

8. The stock shall be sufficiently secured were it never so much, in that they shall deliver no money without a sufficient value of wares. Their sale will be certain in that without buying the haberdashers cannot uphold their trade. Besides, no man shall have benefit of the stock except he will bring all the ware he makes to it (except it be a hat or two specially made, and that with the privilege of the stockers). Besides, if at any time the stock shall be full of ware and want money, the company by a general consent can forbear bringing in or slack their making for a time. But so it is that once in a year all felts will off, of what nature soever.

9. The wares being of necessity to be bought, the stockers will need not trust except they will but upon good security, which will make men more wary in buying.

18. The Case of the Tailors of Ipswich [272] [Coke's Reports, Part XI, pp. 53-55], 1615.

[The Master, Wardens, and Community of the Tailors and Workers of cloth of the town of Ipswich in the County of Suffolk brought an action for 13l. 13s. 4d. against William Sheninge. They allege

(i) that by the letters patent incorporating them they had power to make reasonable rules and ordinances and to impose fines for breach of them;

(ii) that they had made a rule that no person occupying any of the said trades in Ipswich should keep any shop or chamber, or exercise the said faculties, or any of them, or take an apprentice or journeyman, till he should present himself to the Master and Wardens of the [Pg 306]said society, should prove that he had served an apprenticeship, and should be admitted as a sufficient workman, on pain of 5 marks fine;

(iii) that in accordance with 19 Hen. vii., cap. 7, they had submitted these rules to the justices of assize, who had allowed them;

The defendant pleaded he was an apprentice by the space of 7 years, that he had been retained as domestic servant for a year and that as such he made garments for him, his wife, and children, which is the same use and exercise wherein the plaintiffs demur.]

And in this case upon argument at the Bar and Bench, divers points were resolved—

1. That at the Common Law no man could be prohibited from working in any lawful trade, for the law abhors idleness ... and especially in young men, who ought in their youth ... to learn lawful trades and sciences which are profitable to the common weal.... And therefore the law abhors all monopolies, which prohibit any from working in any lawful trade. And that appears in 2 H. 5, 56. A dyer was bound that he should not use the dyers' craft for 2 years, and there Hull holds that the bond was against the common law, and by God if the plaintiff was here he should go to prison till he paid a fine to the king; so for the same reason, if an husbandman is bound that he shall not sow his land, the bond is against the common law.... And if he who undertakes upon him to work is unskilful, his ignorance is a sufficient punishment to him ... and if any one takes him to work and spoils it, an action on the case lies against him. And the Statute of 5 Eliz. 4, which prohibits every person from using or exercising any craft, mystery, or occupation unless he has been an apprentice by the space of 7 years was not enacted only to the intent that workmen should be skilful, but also that youth should not be nourished in idleness, but brought up and educated in lawful sciences and trades: and therefore it appears that without an Act of Parliament none can be prohibited from working in any lawful trade. Also the common law doth not prohibit any person from using several Arts or mysteries at his pleasure....

2. That the said Restraint of the defendant for more than the said Act of 5 Eliz. has made was against law, and therefore for as much as the Statute has not restrained him who has[Pg 307] served as an apprentice for seven years from exercising the trade of a tailor, the said ordinance can't prohibit him from exercising his trade till he has presented himself before them, or till they allow him to be a workman; for these are against the liberty and freedom of the subject, and are a means of extortion in drawing money from them, either by delay or some other subtil device or by oppression of young Tradesmen by the old and rich of the same Trade, not permitting them to work in their trade freely; and all this is against the Common Law and the commonwealth. But ordinances for the good order and government of men of Trades and Mysteries are good, but not to restrain any one in his lawful mystery.

3. It was resolved that the said branch of the Act of 5 Eliz. is intended of a public use and exercise of a trade to all who will come, and not of him who is a private cook, tailor, brewer, baker, etc., in the house of any for the use of a family, and therefore the said ordinance had been good and consonant to law. Such a private exercise and use had not been within it, for every one may work in such a private manner, although he has never been an apprentice in the trade.

4. It was resolved that the Statute of 19 H. 7, cap. 7, doth not corroborate any of the ordinances made by any corporation, which are so allowed and approved as the Statute speaks, but leaves them to be affirmed as good, or disaffirmed as unlawful, by the law; the sole benefit which the corporation obtains by such allowance is that they shall not incur the penalty of 40l. mentioned in the Act, if they put in use any ordinances which are against the king's prerogative, or the common profit of the people.

19. The Grievances of the Journeymen Weavers of London [Gildhall Library. The case of the Commonalty of the Corporation of Weavers of London truly stated],[273] c. 1649.

All legal jurisdictions over a number of people or society of men must either be primitive or derivative. Now primitive[Pg 308] jurisdiction is undoubtedly in the whole body, and not in one or more members, all men being by nature equal to other; and all jurisdictive power over them, being founded by a compact and agreement with them, is invested in one or more persons, who represent the whole, and by the consent of the whole are empowered to govern by such rules of equality towards all, so that both governor and governed may know certainly what the one may command and what the other must obey; without the performance of which mutual contract all obligations are cancelled, and that jurisdictive power returns unto its first spring (the people) from whence it was conveyed.

And doubtless whatever power our Governors of the Corporation of Weavers may pretend and plead for, if they had any rationally, they had it at first from the whole body, as it stands incorporated into a civil society of men walking by such rules, established for the preservation of the trade, advancement and encouragement of the profession thereof.

And if it be objected that they had a charter granted them by the King, wherein they are invested that power they challenge, we answer that there is not any one liberty that is granted to them but that is also granted to the meanest member of the said company. The words of the charter are these:—

[Here follows a copy of the charter granted by King Henry II to the Weavers of London.]

So that it is clear that this grant was not to so many particular men, but to the whole society; and what power soever any person or persons were afterwards invested withall must of necessity be by the consent, election, and approbation of the whole body; and if our Egyptian taskmasters have any further commission for their usurped power over us, why do they not produce it? Certainly, if they could, they would. But having none they plead custom and precedents, both which they will find but broken reeds to lean upon, but rotten props to support their worm-eaten sovereignty.

1. For first, there must be these two things to make a custom valid: (i) Usage; (ii) Time. Yet that time must be such whereof there is no memory of man, and the usage must be peaceable, without interruption. But both these are wanting[Pg 309] to strengthen their claim to their pretended power over us.

2. Suppose there were a custom, and that it had been time out of mind also, yet if long usurpations of power could make the exercise thereof legal, the very foundation of just government were subverted.

3. No custom against an Act of Parliament is valid in law. But the custom claimed by our governors is against the very fundamental constitutions both of all civil societies and of several Acts of Parliament, which ordain that all elections shall be free, chiefly 3 of Ed. I, chap. 5, by virtue of which the people choose all their officers and magistrates in the several parishes and precincts in this kingdom. And if it be according to law in the major, the commonwealth, it must consequently hold in the minor, a particular corporation or civil society of men, as we are, etc.

4. But customs are only valid when reasonable.... Now nothing in the world can be more unreasonable than that such a number of men as 16 should have liberty to exercise a power over as many thousands, without, nay against, their wills, consent, or election ..., the challenge and exercise of such a power over a people being the perfectest badge of slavery that men can be subjected to.

But we shall proceed in a discovery of those oppressions and abuses which we complain so much against in our governors.

1st Charge. They have admitted aliens to be members for sums of money, contrary to the statutes of the realm, orders of the Lord Mayor and Court of Aldermen, customs of the city, and ordinances of the company.... They have brought in by their own confession three hundred and twelve strangers to be masters of the said company, and have taken for their admittance 5l. a man, which amounted to 1,560l., or thereabouts.... They object that the strangers admitted are broad weavers and deal not in the commodities that we trade in, viz., ribbon, lace, etc.

The objection is false; for most of us can, and many of us have wrought, as good broad stuffs as are nowadays made, and would do still, were it not for the vast number of strangers (which have engrossed the trade).... And if it be demanded how or by what means they got the trade into their hands,[Pg 310] we answer that at the beginning of the war many of us and our servants engaged for the Parliament, and, in our absence, they, being generally malignant, staying at home, and keeping servants all of their own country, never employing any English, as they by law ought, by degrees got all the trading, so that now the war is ended, and we returned to follow our callings, we can get no employment. By which means many hundreds have been forced to leave the trade, as to be porters, labourers, water-bearers, etc., and many forced to take relief from the several parishes wherein they dwell....

2nd Charge. They have admitted natives to weave and set up weaving in their gild, without serving seven years, contrary to the statutes, orders and customs aforesaid, as hath been proved by several witnesses before the Committee of the honourable House.

3rd Charge. They exact extraordinary fees of those persons that they make free or admit, taking a silver spoon of an ounce and a half weight, and five shillings and eightpence in money, contrary to the Statute of 22 of Hen. VIII, chap. 4, and 28 of Hen. VIII, chap. 5....

4th Charge. They have deprived the commonalty of their rights in their first ordinance, which saith the bailiffs are to be chosen by the bailiffs, wardens, assistants, and commonalty, which ordinance is grounded upon the Statute of 3rd of Ed. I, chap. 5, which saith elections ought to be free, etc.

As touching the right of election, sufficient hath been spoken in the preamble before these charges; only give us leave to insert a few particulars in answer to their objection.

1. Whereas they object, that the commonalty are represented in the livery of the said company, we answer:—Legal representatives must be legally chosen by the persons represented, or else they cannot, or at least ought not, to be bound by their determinations. But the livery-men of our company are chosen by the bailiffs and governors, and not by the commonalty, so may properly be called the governors' representatives and not ours, we being never called upon to give our voice in their elections. Neither are they, indeed, elected, but brought in for 5l. a man. In lieu whereof they are invested with a peculiar privilege above others, by being empowered to keep more servants than ordinary, by which means the commonalty is destroyed also....[Pg 311]

5th Charge. They have dismissed the yeomanry contrary to six several orders made with their consent by the Lord Mayor and Court of Assistants.

But they object that they have not dismissed them, etc. If they had not dismissed them, what needed so many several orders to be made to the contrary? But we desire you to take notice that the yeomanry did consist of sixteen persons which were authorized by the aforesaid six several orders to search and find out the abuses in trade, viz., intruders that had not served seven years, and that none but serviceable goods might be made for the commonwealth. Now, because these governors gain by intruders, making them pay for their permission, and driving the greatest trade, making much light and deceitful work, therefore they have dismissed the said yeomanry, by reason whereof both the said evils are continued. Besides, the yeomanry by the said orders were to have the journeymen's quarteridges for their pains, but now being by them dismissed they gather the quarteridges and share it among themselves.

6th Charge. That they have wasted the treasure and stock of the company in byways, and have not made that provision for the poor members of the company as by their trust they ought to have done.

So that what with their feastings, defending vexatious suits contrary to law, purchasing a monopoly, large fees for councillors, bills, demurrers, suits against weavers of other companies, etc., they have in one year out of the company's stock and income (which amounted but to 791l. 5s. 5d.) spent 566l. 19s. 8d., which year's account agrees with their disbursements other years also; and for 200l. given by one Mr. Ralph Hamon to purchase land for the poor, they have purchased none to this day, but have shared the money among themselves....

The premises considered, and all other circumstances duly weighed, our desires for the freedom of elections being both legal and rational, our sufferings and abuses under usurping pretended governors so abusive and offensive, our wants so great, company so numerous, trading so little, and that too devoured by strangers, ... we therefore hope that all these things put together will be of such weight with all conscientious, godly men in this honourable House of Commons, as that[Pg 312] we shall not need to fear your willing assistance for the redressing of these great evils and granting our just desires. The speedy performance whereof will not only gain unto you the prayers of many thousand persons who are ready to perish for want of trading, but also engage them, as heretofore, so for the future, to stand by you in your greatest necessities, for the strengthening your hands in the execution of justice and judgment, and redress of the oppressions of the nation.

SECTION III

1. Proposals for the Regulation of the Cloth Manufacture (temp Henry VIII)—2. Administrative Difficulties in the Regulation of the Manufacture of Cloth, 1537—3. An Act Touching Weavers, 1555—4. Enactment of Common Council of London as to Age of Ending Apprenticeship, 1556—5. William Cecil's Industrial Programme, 1559—6. The Statute of Artificers, 1563—7. Proposals for the Better Administration of the Statute of Artificers, 1572—8. Draft of a Bill Fixing Minimum Rates for Spinners and Weavers, 1593—9. Draft Piece-list Submitted for Ratification to the Wiltshire Justices by Clothiers and Weavers, 1602—10. An Act Empowering Justices to fix Minimum Rates of Payment, 1603-04—11. Administration of Acts Regulating the Manufacture of Cloth, 1603—12. Assessment made by the Justices of Wiltshire, dealing mainly with other than Textile Workers, 1604—13. Assessment made by the Justices of Wiltshire dealing mainly with Textile Workers, 1605—14. Administration of Wage Clauses of Statute of Artificers, 1605-08—15. Administration of Apprenticeship Clause of the Statute of Artificers, 1607-08—16. The Organisation of the Woollen Industry, 1615—17. Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1615—18. A Petition to Fix Wages Addressed to the Justices by the Textile Workers of Wiltshire, 1623—19. Appointment by Privy Council of Commissioners to Investigate Grievances of Textile Workers in East Anglia, 1630—20. Report to Privy Council of Commissioners appointed above, 1630—21. High Wages in the New World, 1645—22. Young Men and Maids Ordered to Enter Service, 1655—23. Request to Justices of Grand Jury of Worcestershire to Assess Wages, 1661—24. Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1669.

The documents in this section illustrate the regulation of industrial relationships by the government of the Tudors and[Pg 314] of the first two Stuarts. The principal aims of their policy were to check the movement of the textile industries from the town to country districts (Nos. 3 and 6), to prevent the concentration of industry in the hands of capitalists (Nos. 3 and 11), or the creation of a necessitous proletariat (No. 4), to exercise a police supervision over the movement of labour (Nos. 6, 7 and 14), to maintain the quality of English goods (No. 2), to prevent class encroaching on class (Nos. 5 and 6) either through the wage earner demanding excessive wages (No. 5) or through the employer beating them down unduly (Nos. 8, 10, 19, 20), in short to crystallize existing relationships with such changes only as the economic developments of recent years, particularly the fall in the value of money (No. 6), and the spread of the textile industries into rural districts (No. 3) made inevitable.

The system was developed in numerous Acts, of which the most important are given below (Nos. 3, 6 and 10). The most comprehensive measure was the Statute of Artificers of 1563 (No. 6). There was little original in this Act. Just as the Statutes forbidding depopulation (Part II, section I) really only developed manorial customaries into a national system, and the Poor Law Statutes (Part II, section IV) were based on the experiments of municipal authorities, so the Statute of Artificers was based partly on the practices of gilds (Part II, section II), partly on the mediæval Statutes of Labourers (see Part I, section VI, Nos. 12—19). Indeed, Cecil's original proposal (No. 5) seems to have been to re-enact 12 Richard II, cap. 3, which the rise in prices had made out of date. If seriously entertained, this idea must have been discarded. The most important innovation introduced by the statute in its final form was the substitution of a system of industrial regulation applying to almost the whole country for regulations applying to particular localities and particular trades.

The most important parts of the Statute of Artificers were those relating to apprenticeship and to the assessment of wages. The former, if we may judge by the proceedings of the County Justices (Nos. 11 & 15) and of municipal authorities[Pg 315] (Part II, section II, Nos. 9, 10, 11, 15), seem to have been administered with considerable strictness, which was only to be expected in view of the interest which gilds, boroughs, traders and craftsmen generally had in seeing that they were carried out. Judicial interpretations seem, however, to have begun at an early date to whittle them away to some extent (No. 17), for the Judges disliked rules "in restraint of trade" (No. 24 and section II, No. 18).

The wage clauses of the Statute present a more difficult problem. There is no doubt that their object was to fix a maximum (not a minimum) wage for agricultural labour (Nos. 6 and 14), which, however, should move with movements in prices. This policy was not so oppressive as it appears to us, because of the wide distribution of landed property, the consequent fact that comparatively few rural workers depended entirely upon wages for their living, and the relatively small difference between the social position of the small farmer or master craftsman and the hired persons whom they employed. In a colony like Massachusetts, where the policy of fixing maximum wages was adopted, its motive was seen in the simplest form (No. 21). Even in England, however, the same motives were at work to a less degree (Nos. 5, 22 and 23). The policy of fixing a maximum wage was, in fact, on a par with that of fixing prices, and probably popular with the small masters and small landholders, who formed a large proportion of the urban and rural population. It did not come to an end with the destruction of the absolute monarchy, but continued, with fair regularity, down to 1688, and, after that, with much less regularity, at any rate to 1762.

The regulation of wages did not, however, only aim at fixing a maximum. It also aimed on some, perhaps rare, occasions at fixing a minimum, at any rate for workers in the textile industries. These latter were treated in a special way, because the development of capitalism in the textile industries (Nos. 2, 3, 8, 16 and 19) had created a wage problem of a modern kind, at any rate in the south and east of England, such as did not yet exist in[Pg 316] agriculture. Municipal authorities had in the past fixed minimum rates for textile workers (section II, No. 5). In 1593 four Bills were drafted which proposed to do the same by legislation, of which one is printed below (No. 8), and in 1603-04 an Act (No. 10) was passed to this effect. Two examples of the establishment of minimum rates are given from the proceedings of the Wiltshire Quarter Sessions, in 1602 and 1623. In the former case (No. 9) a piece list was drafted by a committee of clothiers and weavers, which was subsequently issued without alteration by the Justices (No. 13). In the latter case (No. 18) the textile workers of Wiltshire asked the Justices to enforce the assessment of wages on their employers, and the Justices complied by ordering the rates to be published at Devizes. This shows that the regulation of wages did in some cases protect the workers. Naturally, however, the Justices required stimulating in this part of their duties, and during the period of Charles I's personal government the Privy Council intervened to compel them to fix rates, as it did to compel them to administer the Poor Laws. In 1630 it received a petition from the textile workers of Suffolk and Essex complaining that their wages had been reduced, and appointed commissioners to investigate the matter (No. 19), who compelled the employers to raise wages (No. 20). The policy of fixing minimum rates seems to have come to an end with the fall of the absolute monarchy in 1640, though it was occasionally revived by Parliament in the sixteenth century. (Part III, section III, Nos. 3, 4 and 15).

The more accessible of the modern writers dealing with the subject of this section are:—Cunningham, English Industry and Commerce, Modern Times, Part I; Ashley, Economic History, Vol. I, Part II, Chap, iii; Unwin, Industrial Organisation in the Sixteenth and Seventeenth Centuries; Abram, Social England in the Fifteenth Century; Dunlop and Denman, English Apprenticeship and Child Labour; Rogers, Six Centuries of Work and Wages; Hewins, English Trade and Finance in the Seventeenth Century; Schanz, Englische Handelspolitik Gegen Ende des Mittelalters; Tawney in Die Vierteljahrschrift für Sozial und Wirtschaftsgeschichte, Band [Pg 317]XI and XII, Heft 8 and 9; Macarthur, in E.H.R., Vols. IX, XIII and XV; Hewins in Economic Journal, Vol. VIII; Hutchins, ibid., Vol. X.

Bibliographies are given by Cunningham, op. cit., pp. 943-998; Unwin, op. cit., pp. 263-270; Ashley, op. cit., pp. 190-1, 243-8; Abram, op. cit., pp. 229-238; Dunlop & Denman, op. cit., pp. 355-63; the student may also consult the following:—

(1) Documentary authorities, 1485-1660:—The most important printed sources of information for the administration of the industrial legislation of the 16th century are Town Records (see bibliographies, especially those of Unwin and of Dunlop & Denman), and the Proceedings of the County Justices contained in the following works:—Hamilton, Devonshire Quarter Sessions from Queen Elizabeth to Queen Anne; Atkinson, Quarter Session Records of the North Riding of Yorkshire; Willis Bund, Worcester County Records, division I; Cox, Three Centuries of Derbyshire Annals; Hardy, Hertford Quarter Session Records; Hardy & Page, Bedfordshire County Quarter Sessions; volumes published by the Historical MSS. Commission, especially Vol. I; Victoria County History, passim.

(2) Literary authorities.—The law is explained by numerous writers of legal text books, e.g., Fitzherbert, The Book Belonging to a Justice of the Peace; Lambard, Eirenarcha; Sheppard, Whole Office of the County Justice of the Peace. Cases before the courts concerning apprenticeship are quoted in the Reports of Coke and Croke. Sidelights on contemporary opinion may be obtained from Rotuli Parliamentorum III, 269, 330, 352; IV, 330-331, 352; V, 110; More, Utopia; Starkey, A Dialogue between Cardinal Pole and Thomas Lupset (Early English Text Society, England in the Reign of King Henry VIII); Forest, The Pleasant Poesy of Princely Practice (ibid.); The Commonweal of this Realm of England (edited by E.R. Lamond); King Edward's Remains, a Discourse about the Reformation of many abuses (printed in Burnet's History of the Reformation); Winthrop's Journal; Petty, A Treatise of Taxes and Contributions, Chapter I, Section 4.

1. Proposals for the Regulation of the Cloth Manufacture [274] [Brit. Mus. Cotton MSS., Titus B. I, fol. 189], temp. Hen. VIII.

Articles to be certified to my lord privy seal according to his letter for the complaint of the weavers in the seven hundreds in the country of Kent.

First, that no clothier, that hath not had exercise in his youth by the space of two years at the least in the craft of[Pg 318] weaving, use or have in his house or at his commandment any loom.

Item, that no clothier weaver using to make coloured clothes shall use, have, or occupy in his house or at his assignment any more than one loom.

Item, that if the cloth-maker have cause to complain upon the weaver for not duly and truly working of their clothes or the weaver cause to complain upon the clothier for not paying him his duty for the said weaving, that then the party grieved shall complain to the next justice of peace, and he shall assign one indifferent weaver and one indifferent clothier to examine the cause of variance and to assess what amends the party grieved shall have. And the party to stand and abide the order so made.

Item, where it is ordered by the statute of anno 4 E. 4 capitulo primo, that the clothier shall pay ready money to the weavers and spinners and other their artificers, that the said statute shall be put in due execution.

Item, if any clothier, tailor, cordwainer or other artificer, by what name or names soever he or they be called, that hereafter shall fortune to come out of any shire other than out of the said shire of Kent into any of the 7 hundreds there to seek service and to have work, that then he or they that will or shall happen to take him or them into his or their service or services, shall before one of the justices of the peace be bound unto the king by way of recognisance in such sum as by the discretion of the said justice shall be appointed; that the said person so by him taken into service shall be of good behaviour during the time that he shall be in his service, and that the said justice be not compellable to certify the same recognisance, unless the same recognisance be forfeited. And this to be done from time to time, as often as the justice of the peace shall think convenient. And if any man retain any man in his service without putting in surety, as is above said, that then the justice of the peace to have authority to commit such person or persons to ward, there to remain by his discretion.

2. Administrative Difficulties in the Regulation of the Manufacture of Cloth [275] [Brit. Mus. Cotton MSS. Titus B. V, fol. 187], 1537.

Before my right hearty commendations to your good lordship. It may please the same to understand, that divers of the clothmakers in these parts have been with me, declaring unto me, that in case they shall be compelled to make cloth from Michaelmas forwards according to the king's act, it shall cause them and other of their occupation to cease and forbear clothmaking, saying, that it is impossible to keep the breadth of the cloth limited by the act, and also that the weavers, being very poor men, have not nor be able to provide looms and sleys to weave clothes according to the act. Whereunto I answered them, that there is much slander in outward parts for false clothmaking, and for remedy thereof this act was provided; and or ever the act was made, there were divers clothmakers spoken with, who affirmed, that it was reasonable; wherefore I told them that I thought that they did rather seek occasion to continue still false clothmaking, than put their good endeavour to make true cloth according to the act; and also I shewed to them, that the King's Highness had suspended the same act by a long time by his proclamation, to the intent that they might provide looms and other necessaries for the making of true cloth according to the act, wherefore I marvelled much that they had been so negligent in the provision thereof, declaring unto them, that I thought that the King's Highness would not defer the execution of the act any longer; which it seemed to me they lamented very sorely, saying that they would leave their occupying for the time; for they could not by no possible means make cloth according to the act, and specially for their breadth; and I bade them take heed and beware, for I thought, they might perform the act, if they had good will and good zeal to the common weal; and if they by obstinacy or wilfulness would leave clothmaking, whereby percase might grow murmur and sedition among the people for lack of work, that then it would be laid to their charges, to their perils and utter undoings. Whereunto they said obediently, that they would do that lay in their possible powers, but more they could not, beseeching[Pg 320] me, that I would be a means to the King's Highness once again to suspend the act, which I would not promise them to do, and so left them for this time in despair of this matter; and so now advertise your good lordship thereof, to the intent that, if it seem by your wisdom convenient, ye may move the King's Majesty hereof to the intent, his Grace's pleasure may be known, whether his Highness of his goodness would yet suspend the act for one other year, which in my poor opinion, if so may stand with his Grace's pleasure, shall not be much amiss, beseeching your good lordship, that I may be advertised hereof as soon as you conveniently may; for Michaelmas is the last day of the old proclamation for this matter; and thus fare your good lordship as heartily well as I would myself. Written at Terlyng the 23rd day of September.

3. An Act Touching Weavers [276] [2 & 3 Phil. & Mary, c.xi. Statutes of the Realm, Vol. IV, Part I, p. 286-87], 1555.

Forasmuch as the weavers of this realm have, as well at this present parliament as at divers other times, complained that the rich and wealthy clothiers do many ways oppress them, some by setting up and keeping in their houses divers looms, and keeping and maintaining them by journeymen and persons unskilful, to the decay of a great number of artificers which were brought up in the said science of weaving, their family and household, some by ingrossing of looms into their hands and possession, and letting them out at such unreasonable rents as the poor artificers are not able to maintain themselves, much less their wives, family and children, some also by giving much less wages and hire for the weaving and workmanship of [cloth] than in times past they did, whereby they are enforced utterly to forsake their art and occupation wherein they have been brought up: It is therefore, for remedy of the premises, and for the avoiding of a great number of inconveniences which may grow (if in time it be not foreseen)[Pg 321] ordained, established and enacted, by authority of this present parliament, that no person using the feat or mistery of clothmaking and dwelling out of a city, borough, market town or corporate town, shall from the feast of St. Michael the Archangel now next ensuing, keep, retain or have in his or their house or possession any more or above one woollen loom at one time, nor shall by any means directly or indirectly receive or take any manner profit, gain or commodity by letting or setting any loom, or any house wherein any loom is or shall be used and occupied, which shall be together by him set or let, upon pain of forfeiture for every week that any person shall do contrary to the tenour and true meaning hereof 20s.

And be it further ordained and enacted by like authority, that no woollen weaver using or exercising the feat or mistery of weaving, and dwelling out of city, borough, market town or town corporate, shall after the said feast have or keep at any time above the number of two woollen looms, or receive any profit, gain or commodity, directly or indirectly as is aforesaid, by any more than two looms at one time, upon pain to forfeit for every week that any person shall offend or do to the contrary 20s.

And it is further ordained and enacted by like authority, that no person which shall after the said feast, use, exercise or occupy only the feat or mistery of a weaver, and not clothmaking, shall during the time that he shall use the feat or mistery of a weaver, keep or have any tucking mill, or shall use or exercise the feat or mistery of a [tucker] or dyer, upon pain to forfeit for every week that he shall so do 20s.

And it is further enacted by like authority, that no person which after the said feast shall use, exercise or occupy the feat or mistery of a tucker or fuller, shall during the time that he shall so use the said feat or mistery, keep or have any loom in his house or possession, or shall directly or indirectly take any profit or commodity by the same, upon pain to forfeit for every week 20s.

And it is further ordained and enacted by like authority, that no person whatsoever, which heretofore hath not used or exercised the feat, mistery or art of clothmaking, shall after the said feast, make or weave or cause to be made or woven any kind of broad white woollen cloths, but only in a city,[Pg 322] borough, town corporate or market town, or else in such place or places where such cloths have been used to be commonly made by the space of ten years next before the making this act; upon pain of forfeiture for every cloth otherwise made five pounds.

Provided always and be it further enacted by the authority aforesaid, that it shall not be lawful to any person or persons being a weaver, or that doth or shall use the art or mistery of a weaver or weaving, dwelling out of a city, borough, town corporate or market town, to have in his and their service any more or above the number of two apprentices at one time; upon pain to forfeit for every time that he shall offend or do contrary to this branch or article the sum of ten pounds.

And further be it enacted by the authority aforesaid, that it shall not be lawful to or for any person or persons to set up the art or mistery of weaving, after the said feast of St. Michael, unless the same person or persons so setting up the same art or mistery of weaving, have been apprentice to the same art or mistery, or exercised the same, by the space of 7 years at the least; upon pain of twenty pounds to be forfeited to the King and Queen's Majesties, her Grace's heirs or successors, the one moiety of all which forfeitures shall be to the King and Queen's Highnesses, heirs [and] successors, and the other moiety to him or them that will sue for the same in any court of record by action of debt, bill, plaint or information, wherein no wager of law, essoigne or protection shall be admitted or allowed for the defendant.

... Provided always, and be it enacted by the authority aforesaid, that this act or anything therein contained shall [not] in any way extend or be prejudicial to any person or persons that doth or shall dwell in the counties of York, Cumberland, Northumberland or Westmoreland; but that they and every of them shall and may have and keep looms in their houses, and do and exercise all and every thing and things for or concerning spinning, weaving, cloth working and clothmaking in the said counties, as they or any of them might have done or exercised lawfully before the making of this statute; anything contained in this statute to the contrary in any way notwithstanding.

4. Enactment of Common Council of London as to Age of Ending Apprenticeship [277] [Arber, Stationers' Records, I, p. xli],[278] 1556.

For as much as great poverty, penury, and lack of living hath of late years followed, ... and one of the chiefest occasions thereof, as it is thought, ... is by reason of the over hasty marriages and over soon setting up of households of and by the youth and young folks of the said city [of London], which hath commonly used, and yet do, to marry themselves as soon as ever they come out of their apprenticehood, be they ever so young and unskilful, yea, and often times many of them so poor that they scantily have of their proper goods wherewith to buy their marriage apparel ... and forasmuch as the chiefest occasion of the said inconveniences, as it is very evident, is by reason that divers and sundry apprentices, as well of the said artificers as also of other citizens of the said city, are commonly bound for so few years that their terms of apprenticeability expireth and endeth oversoon, and that they are there upon incontinently made free of the said city; ... for remedy, stay, and reformation whereof it is ordained ... that no manner of persons ... shall be any manner of ways or means made free of the said city ... until such time as he and they shall severally attain to the age of 24 years.

5. William Cecil's Industrial Programme [279] [Hist. MSS. Com. MSS. of the Marquis of Salisbury, Part I, pp. 162-3], 1559. Considerations delivered to the Parliament, 1559.

1. Vagabonds.—That the statute I Edward VI, Chap, viii., concerning idle persons and vagabonds being made slaves, now repealed, be revived with additions.

2. Labourers and Servants.—That the Statutes 12 Richard[Pg 324] II, Chap. iii, "that no servant or labourer at the end of this term depart out of the hundred or place where he dwells," etc., and 13 Richard II, Chap. viii., ordering the Justices at every session to appoint by proclamation the wages of workers, etc., be confirmed with the addition "that no man hereafter receive into service any servant without a testimonial from the master he last dwelt with, sealed with a Parish Seal kept by the constable or churchwarden, witnessing he left with the free license of his master, penalty £10." So, by the hands of the masters, servants may be reduced to obedience, which shall reduce obedience to the Prince and to God also; by the looseness of the time no other remedy is left but by awe of law to acquaint men with virtue again, whereby the Reformation of religion may be brought in credit, with the amendment of manners, the want whereof has been imputed as a thing grown by the liberty of the Gospel, etc.

3. Husbandry.—That the Statutes, 4 Hen VII, Chap. 9, "for re-edifying houses of husbandry, and to avoid the decay of towns and villages," and 5 Edward VI, Chap. 5, "for maintenance of husbandry and tillage," be put in execution.

4. Purchase of Lands.—No husbandman, yeoman or artificer to purchase above 5l. by the year of inheritance, save in cities, towns and boroughs, for their better repair; one mansion house only to be purchased over and above the said yearly value. The common purchasing thereof is the ground of dearth of victuals, raising of rents, etc.

5. Merchants.—No merchant to purchase above £50 a year of inheritance, except aldermen and sheriffs of London, who, because they approach to the degree of knighthood, may purchase to the value of £200.

6. Apprentices.—None to be received apprentice except his father may spend 40s. a year of freehold, nor to be apprenticed to a merchant except his father spend £10 a year of freehold, or be descended from a gentleman a merchant. Through the idleness of these professions so many embrace them that they are only a cloak for vagabonds and thieves, and there is such a decay of husbandry that masters cannot get skilful servants to till the ground without unreasonable wages, etc....

6. An Act Touching Divers Orders for Artificers, Labourers, Servants of Husbandry and Apprentices [5 Eliz. c. iv. Statutes of the Realm, Vol. IV, Part I, pp. 414-22], 1563.

I. Although there remain in force presently a great number of statutes concerning ... apprentices, servants and labourers, as well in husbandry as in divers other ... occupations, yet partly for the imperfection and contrariety ... in sundry of the said laws, and for the variety and number of them, and chiefly for that the wages and allowances limited in many of the said statutes are in divers places too small ... respecting the advancement of prices ... the said laws cannot conveniently without the greatest grief and burden of the poor labourer and hired man be put in due execution; and as the said statutes were at the time of the making of them thought to be very good and beneficial ..., as divers of them yet are, so if the substance of as many of the said laws as are meet to be continued shall be digested and reduced into one sole law, and in the same an uniform order prescribed ..., there is good hope that it will come to pass that the same law, being duly executed, should banish idleness, advance husbandry and yield unto the hired person both in the time of scarcity and in the time of plenty a convenient proportion of wages: Be it therefore enacted.... That as much of the statutes heretofore made as concern the hiring, keeping, departing, working, wages or order of servants, workmen, artificers, apprentices and labourers ... shall be from and after the last day of September next ensuing repealed....

II. No person after the aforesaid last day of September ... shall be retained, hired or taken into service to work for any less time than for one whole year in any of the sciences ... or arts of clothiers, woollen cloth weavers, tuckers, fullers, cloth workers, shearmen, dyers, hosiers, tailors, shoemakers, tanners, pewterers, bakers, brewers, glovers, cutlers smiths, farriers, curriers, sadlers, spurriers, turners, cappers, hat-makers or feltmakers, bowyers, fletchers, arrowhead-makers, butchers, cooks, or millers.

III. Every person being unmarried and every other person being under the age of thirty years that after the feast of Easter next shall marry, and having been brought up in any of[Pg 326] the said arts [etc.] or that hath exercised any of them by the space of three years or more, and not having lands, tenements [etc.] copyhold or freehold of an estate of inheritance or for term of lives of the clear yearly value of 40s. nor being worth of his own goods the clear value of 10l., ..., not being retained with any person in husbandry or in any of the aforesaid arts ... nor in any other art, nor in household or in any office with any nobleman, gentleman or others, ..., nor having a convenient farm or other holding in tillage whereupon he may employ his labour, shall (during the time that he shall so be unmarried or under the age of 30 years), upon request made by any person using the art or mystery wherein the said person so required hath been exercised as is aforesaid, be retained and shall not refuse to serve according to the tenor of this Statute upon the pain and penalty hereafter mentioned.

IV. No person which shall retain any servant shall put away his said servant, and no person retained according to this Statute shall depart from his master, mistress or dame before the end of his term, upon the pain hereafter mentioned, unless it be for some reasonable cause to be allowed before two Justices of Peace, or one at the least, or before the mayor or other chief officer of the city, borough or town corporate wherein the said master [etc.] inhabiteth, to whom any of the parties grieved shall complain; which said justices or chief officer shall have the hearing and ordering of the matter between the said master [etc.] and servant, according to the equity of the cause; and no such master [etc.] shall put away any such servant at the end of his term, or any such servant depart from his said master [etc.] at the end of his term, without one quarter warning given ... upon the pain hereafter ensuing.

V. Every person between the age of 12 years and the age of 60 years not being lawfully retained nor apprentice with any fisherman or mariner haunting the seas, nor being in service with any carrier of any corn, grain or meal for provision of the city of London, nor with any husbandman in husbandry, nor in any city [etc.] in any of the arts ... appointed by this Statute to have apprentices, nor being retained ... for the digging ... melting ... making of any silver [or other metals, coal, etc.], nor being occupied in the making of any glass, nor being a gentleman born, nor being a student or scholar in any of the universities or in any school,[Pg 327] nor having [lands or goods, as above, section 3], nor having a father or mother then living or other ancestor whose heir apparent he is then having lands [etc.] of the yearly value of £10 or above, or goods or chattels of the value of 40l., nor being a necessary or convenient officer or servant lawfully retained as is aforesaid, nor having a convenient farm or holding ... nor being otherwise lawfully retained according to the true meaning of this Statute, shall ... by virtue of this Statute be compelled to be retained to serve in husbandry by the year with any person that keepeth husbandry and will require any such person so to serve.

VI. [Penalty on masters unduly dismissing servants, 40s.: on servants unduly departing or refusing to serve, imprisonment.]

VII. None of the said retained persons in husbandry or in any of the arts or sciences above remembered, after the time of his retainer expired, shall depart forth of one city, town or parish to another nor out of the ... hundred nor out of the county where he last served, to serve in any other city ... or county, unless he have a testimonial under the seal of the said city or of the constable or other head officer and of two other honest householders of the city, town or parish where he last served, declaring his lawful departure, ..., which testimonial shall be delivered unto the said servant and also registered by the parson of the parish where such master [etc.] shall dwell....

VIII. [Penalty on a servant departing without such testimonial, imprisonment or whipping; on any one hiring him, 5l.]

IX. All artificers and labourers being hired for wages by the day or week shall betwixt the midst of the months of March and September be at their work at or before 5 of the clock in the morning, and continue at work until betwixt 7 and 8 of the clock at night, except it be in the time of breakfast, dinner or drinking, the which times at the most shall not exceed above 2 ½ hours in the day ... and all the said artificers and labourers between the midst of September and the midst of March shall be at their work from the spring of the day in the morning until the night of the same day, except it be in time afore appointed for breakfast and dinner, upon pain to forfeit one penny for every hour's absence to be deducted out of his wages.[Pg 328]

X. [Penalty on artificers, etc., breaking contract with employers, imprisonment and fine of 5l.]

XI. And for the declaration what wages servants, labourers and artificers, either by the year or day or otherwise, shall receive, be it enacted, That the justices of the peace of every shire ... within the limits of their several commissions ... and the sheriff of that county if he conveniently may, and every mayor, bailiff or other head officer within any city ... wherein is any justice of peace, within the limits of the said city ... shall before the 10th day of June next coming, and afterward yearly at every general sessions first to be holden after Easter, or at some time convenient within six weeks next following Easter, calling unto them such discreet and grave persons of the said county or city as they shall think meet, and conferring together respecting the plenty or scarcity of the time and other circumstances necessary to be considered, have authority within the limits of their several commissions to rate and appoint the wages as well of such of the said artificers ... or any other labourer, servant or workman whose wages in time past hath been by any law rated and appointed, as also the wages of all other labourers, artificers [etc.] which have not been rated, as they shall think meet to be rated [etc.] by the year or by the day, week, month or other wise, with meat and drink or without meat and drink, and what wages every workman or labourer shall take by the great for mowing, reaping or threshing [and other agricultural employment] and for any other kind of reasonable labours or service, and shall yearly, before the 12th day of July next after the said assessment made, certify the same ... with the considerations and causes thereof into the Court of Chancery [280]; whereupon it shall be lawful to the Lord Chancellor of England [or] Lord Keeper upon declaration thereof to the Queen's Majesty ... or to the Lords and others of the Privy Council to cause to be printed and sent down before the 1st day of September next after the said certificate into every county ... proclamations containing the several rates appointed ... with commandment ... to all persons ... straitly to observe the same, and to all Justices [etc.] to see the same duly and [Pg 329]severely observed ...; upon receipt whereof the said Sheriffs, Justices [etc.] shall cause the same proclamation to be entered of record ... and shall forthwith in open markets upon the market days before Michaelmas then ensuing cause the same proclamation to be proclaimed ... and to be fixed in some convenient place ...: and if the said sheriffs, justices [etc.] shall at their said general sessions or at any time after within six weeks ... think it convenient to retain for the year then to come the rates of wages that they certified the year before or to change them, then they shall before the said 12th day of July yearly certify into the said Court of Chancery their resolutions, to the intent that proclamations may accordingly be renewed and sent down, and if it shall happen that there be no need of any alteration ... then the proclamations for the year past shall remain in force....

XIII. [Penalty for giving wages higher than the rate, ten days' imprisonment and fine of 5l.; for receiving the same, twenty-one days' imprisonment.]

XIV. [Penalty on servants, etc., assaulting masters, etc., one year's imprisonment.]

XV. Provided that in the time of hay or corn harvest the Justices of Peace and also the constable or other head officer of every township upon request ... may cause all such artificers and persons as be meet to labour ... to serve by the day for the mowing ... or inning of corn, grain and hay, and that none of the said persons shall refuse so to do, upon pain to suffer imprisonment in the stocks by the space of two days and one night....

XVII. Two justices of peace, the mayor or other head officer of any city (etc.) and two aldermen or two other discreet burgesses ... if there be no aldermen, may appoint any such woman as is of the age of 12 years and under the age of 40 years and unmarried and forth of service ... to be retained or serve by the year or by the week or day for such wages and in such reasonable sort as they shall think meet; and if any such woman shall refuse so to serve, then it shall be lawful for the said justices [etc.] to commit such[Pg 330] woman to ward until she shall be bounden to serve as aforesaid.

XVIII. And for the better advancement of husbandry and tillage and to the intent that such as are fit to be made apprentices to husbandry may be bounden thereunto, ... every person being a householder and having half a ploughland at the least in tillage may receive as an apprentice any person above the age of 10 years and under the age of 18 years to serve in husbandry until his age of 21 years at the least, or until the age of 24 years as the parties can agree ...

XIX. Every person being an householder and 24 years old at the least, dwelling in any city or town corporate and exercising any art, mistery or manual occupation there, may after the feast of St. John Baptist next coming ... retain the son of any freeman not occupying husbandry nor being a labourer and inhabiting in the same or in any other city or town incorporate, to be bound as an apprentice after the custom and order of the city of London for 7 years at the least, so as the term of such apprentice do not expire afore such apprentice shall be of the age of 24 years at the least.

XX. Provided that it shall not be lawful to any person dwelling in any city or town corporate exercising any of the misteries or crafts of a merchant trafficking into any parts beyond the sea, mercer, draper, goldsmith, ironmonger, embroiderer or clothier that doth put cloth to making and sale, to take any apprentice or servant to be instructed in any of the arts [etc.] which they exercise, except such servant or apprentice be his son, or else that the father or mother of such apprentice or servant shall have ... lands, tenements (etc.) of the clear yearly value of 40s. of one estate of inheritance or freehold at the least....

XXI. From and after the said feast of St. John the Baptist next, it shall be lawful to every person being an householder and 24 years old at the least and not occupying husbandry nor being a labourer dwelling in any town not being incorporate that is a market town ... and exercising any art, mistery or manual occupation ... to have in like manner to apprentices the children of any other artificer not occupying husbandry nor being a labourer, which shall inhabit in the same or in any other such market town within the same shire, to serve as apprentices as is aforesaid to any such art [etc.][Pg 331] as hath been usually exercised in any such market town where such apprentice shall be bound.

XXII. Provided that it shall not be lawful to any person dwelling in any such market town exercising the art of a merchant trafficking into the parts beyond the seas, mercer [etc. as above, section XX] to take any apprentice or in any wise to instruct any person in the arts [etc.] last before recited, after the feast of St. John Baptist aforesaid, except such servant or apprentice shall be his son, or else that the father or mother of such apprentice shall have lands [etc.] of the clear yearly value of 3l. of one estate of inheritance or freehold at the least....

XXIII. From and after the said feast it shall be lawful to any person exercising the art of a smith, wheelwright, ploughwright, millwright, carpenter, rough mason, plaisterer, sawyer, lime-burner, brickmaker, bricklayer, tiler, slater, healyer, tilemaker, linen-weaver, turner, cooper, millers, earthen potters, woollen weaver weaving housewives' or household cloth only and none other, cloth-fuller otherwise called tucker or walker, burner of ore and wood ashes, thatcher or shingler, wheresoever he shall dwell, to have the son of any person as apprentice ... albeit the father or mother of any such apprentice have not any lands, tenements or hereditaments.

XXIV. After the first day of May next coming it shall not be lawful to any person, other than such as now do lawfully exercise any art, mistery or manual occupation, to exercise any craft now used within the realm of England or Wales, except he shall have been brought up therein seven years at the least as apprentice in manner abovesaid, nor to set any person on work in such occupation being not a workman at this day, except he shall have been apprentice as is aforesaid, or else having served as an apprentice will become a journeyman or be hired by the year; upon pain that every person willingly offending shall forfeit for every default 40s. for every month.

XXV. Provided that no person exercising the art of a woollen cloth weaver, other than such as be inhabiting within the counties of Cumberland, Westmoreland, Lancaster, and Wales, weaving friezes, cottons or housewives' cloth only, making and weaving woollen cloth commonly sold by any clothier, shall have any apprentice or shall instruct any person in the science of weaving aforesaid in any place (cities, towns[Pg 332] corporate, and market towns only except), unless such person be his son, or else that the father or mother of such apprentice or servant shall ... have lands [etc.] to the clear yearly value of 3l. of an estate of inheritance or freehold ... upon pain of forfeiture of 20s. for every month.

XXVI. Every person that shall have three apprentices in any of the said crafts of a cloth-maker, fuller, shearman, weaver, tailor or shoemaker shall keep one journeyman, and for every other apprentice above the number of the said three apprentices one other journeyman, upon pain of every default therein, 10l.

XXVIII. If any person shall be required by any householder having half a ploughland at the least in tillage to be an apprentice and to serve in husbandry, or in any other kind of art before expressed, and shall refuse so to do, then upon the complaint of such housekeeper made to one Justice of Peace of the county wherein the said refusal is made, or of such householder inhabiting in any city, town corporate, or market town to the mayor, bailiffs or head officer of the said city [etc.] ... they shall have full power to send for the same person so refusing; and if the said Justice or head officer shall think the said person meet to serve as an apprentice in that art ... the said Justice or head officer shall have power ... to commit him unto ward, there to remain until he will be bounden to serve ... and if any such master shall evil entreat his apprentice ... or the apprentice do not his duty to his master, then the said master or apprentice being grieved shall repair unto one Justice of Peace within the said county or to the head officer of the place where the said master dwelleth, who shall ... take such order and direction between the said master and his apprentice as the equity of the case shall require; and if for want of good conformity in the said master the said Justice or head officer cannot compound the matter between him and his apprentice, then the said Justice or head officer shall take bond of the said master to appear at the next sessions then to be holden in the said county or within the said city [etc.] ... and upon his appearance and hearing of the matter ... if it be thought meet unto them to discharge the said apprentice, then the said Justices or four of them at the least, whereof one to be of the[Pg 333] quorum, or the said head officer, with the consent of three other of his brethren or men of best reputation within the said city [etc.] shall have power ... to pronounce that they have discharged the said apprentice of his apprenticehood ...: and if the default shall be found to be in the apprentice, then the said Justices or head officer, with the assistants aforesaid, shall cause such due punishment to be ministered unto him as by their wisdom and discretions shall be thought meet.

XXIX. Provided that no person shall by force of this Statute be bounden to enter into any apprenticeship, other than such as be under the age of 21 years.

XXX. And to the end that this Statute may from time to time be ... put in good execution ... be it enacted, That the Justices of Peace of every county, dividing themselves into several limits, and likewise every mayor or head officer of any city or town corporate, shall yearly between the feast of St. Michael the Archangel and the Nativity of our Lord, and between the feast of the Annunciation of our Lady and the feast of the Nativity of St. John Baptist ... make a special and diligent inquiry of the branches and articles of this Statute and of the good execution of the same, and where they shall find any defaults to see the same severely corrected and punished without favour ... or displeasure.

XXXI.... Every Justice of Peace, mayor, or head officer, for every day that he shall sit in the execution of this Statute, shall have allowed unto him 5s. to be paid ... of the fines [etc.] due by force of this Statute....

XXXIII. Provided always that this Act shall not be prejudicial to the cities of London and Norwich, or to the lawful liberties [etc.] of the same cities for the having of apprentices.

XXXIV. [Contracts of apprenticeship contrary to this Act to be void, and a penalty of 10l.]

XXXV. [Contracts of apprenticeship to hold good though made while the apprentice is under age.]

7. Proposals for the Better Administration of the Statute of Artificers [S.P.D., Eliz., Vol. 88, No. 11], 1572.

Whereas there passed an act in the Parliament holden at Westminster in the fifth year of the reign of our most gracious[Pg 334] Sovereign Lady the Queen's Majesty that now is, touching divers good and laudable orders for artificers, labourers, servants of husbandry, and apprentices; in the which act, amongst divers and sundry good branches therein contained, there are two specially to be noted, which, as it should seem, were then and therein specially enacted for the only means of the better maintaining of the same act in the full strength and virtue, according to the true meaning thereof: which have been, and yet daily are, as well by the subtle devices of some lewd servants, as also by the disorderly dealings of some masters, mistresses, and dames, not only neglected, but also wilfully violated and broken, whereby the true, good and godly meaning of the same act, for so good and laudable an order provided in that behalf, doth and will daily grow to be accounted as frustrate and of none effect: and as it now already is the chief, or only, cause of the great number of idle vagabonds, wherewith the realm at this present is so replenished: so, without it shall please the Queen's Majesty by good advice to provide some speedy remedy therefore, it will not only be a means of the increasing of them but also of their maintenance.

The points wherein the masters, mistresses, dames, and servants do so abuse the two foresaid branches, that they be in a manner to frustrate.

It is too manifest, that divers and sundry servants, retained as well in husbandry as in other the arts and sciences aforesaid, and others out of those sciences throughout the whole Realm do daily, notwithstanding this act, and without any fear of the penalty thereof, at their pleasures before the time of their covenanted service be expired, either purloin somewhat from their masters, mistresses, and dames, and so suddenly run away, or else, not willing to be rebuked for their faults, do quarrel with them, and so boldly depart away without any certificate [281] or testimonial for their discharge: and being thus disorderly departed do forge a testimonial, or get one to forge it for them, although they give 12d. or 2s. for the doing thereof, whereas, if they had orderly departed, [it] should have cost them but 2d.: and with such testimonial dare boldly pass from one shire to another, yea some time from[Pg 335] one parish to another, and there be retained till they find the like means, or pick the like occasion to depart in like disorder. And the very cause why they dare thus boldly and disorderly depart, leaving their masters, mistresses, and dames destitute in their most need, is for that no order is kept, according to the Statute, in the making, signing, and delivering of the testimonials: but [they] be made by the masters themselves or by some other in their houses that can write, and being so disorderly made, do, as disorderly, sign and deliver the same without calling either parson, vicar, or other officer to the same: which is a very good cause for a very simple servant, seeing how slight a testimonial will serve him to pass with, to move him to forge the like at all times after to serve his turn. And yet if they were orderly made, signed, and delivered, according to Statute, it could no better serve his turn to pass with than one of these: for if he pass a shire or two off from the place where he last served, neither the marks nor names thereunto signed be there known scarce to one among a thousand.

For the second branch.—It is likewise too manifest, that there be many masters, mistresses and dames, knowing how much the order of these certificates or testimonials be abused, which have not letted to retain such servants so departed without showing any certificates or testimonials at all, willing for necessity's sake to retain rather a simple vagabond coming without his certificate, than a subtle vagabond coming with his forged testimonials, as he doubteth, and yet perchance is true indeed. But that is too hard for them to know, for that the names therein are to them unknown, and the places, far asunder, not easy to be tried: and so sometime an honest poor servant indeed passeth unhired for want of good order keeping in these testimonials, and a very vagabond indeed is some time hired in hope of his simplicity. And the masters, mistresses, and dames be commonly deceived by both kinds when they stand in most need of their service.

The cause why these good and laudable orders run to such decay by the foresaid abuses, is, for that no one person hath any benefit, worth the pains, and charges, to look to the redress hereof: the same being so hard and painful a matter to be done throughout the realm, and therewithall so chargeable.[Pg 336]

Therefore if it may please the Queen's Majesty of her Highness' most gracious benignity, for the better and speedier reformation hereof, to appoint and give authority by her Majesty's Letters Patents for term of years unto us, her Highness' most humble subjects, Richard Carmarden and Edmond Mathew, our deputies and assigns, to give out one uniform order of testimonials to every shire and parish throughout the realm at our only costs and charges, taking therefore in recompense as well of our said costs and charges, as also for our travails which we shall bestow therein, no more than is already limited by the said Statute, which is but two pence for every testimonial:[282] and that also these articles here following may be annexed to the said Statute by this Parliament.

First, That there be no other certificates or testimonials used in the realm, to be delivered to any servants by any person or persons, but only such as shall be made and delivered by such as her Majesty hath or shall appoint by her Highness' Letters Patents to do the same.

Secondly, That every servant so departing and having received one of the same certificates or testimonials, and seeking again to serve, shall first deliver, to such as shall be there appointed to be the officer's deputies, his old testimonial cancelled, before he be again retained.

And thirdly, That none of the said certificates or testimonials, so orderly delivered to any servant, shall be any discharge for him to pass with for any longer time than for one month after the date thereof: and if any person be taken with any testimonial, the date thereof being so expired, then to be lawful for every head officer to take the said testimonial from him, and to deliver the same cancelled to the officer's deputy and to force him to serve or to be, etc.

8. Draft of a Bill Fixing Minimum Rates for Spinners and Weavers [S.P.D., Eliz., Vol. 244, No. 129], 1593.

An Act as well to avoid deceits done by spinners of woollen yarn, and weavers of woollen cloths, and to increase their wages, as also to reform the great abuses and oppressions done to her Majesty's good subjects by regrators of woollen yarn, commonly called yarn choppers or jobbers of yarn.[Pg 337]

Forasmuch as divers Laws and Statutes have been heretofore ordained for the true making of woollen cloths, and divers penalties, in some cases of money, and in some other cases of the cloths themselves, are by the same Laws and Statutes imposed upon clothiers, by whom many thousands of her Majesty's subjects are set to work, and maintained; and that it falleth out many times, that divers faults punishable even with the loss of their cloths without the clothiers' fault are voluntarily committed by their spinners and weavers, by the one's deceitful spinning their yarn, and by the other's false weaving the same into cloth; and forasmuch as necessity doth partly enforce them thereunto, for lack of sufficient wages and allowance for their workmanship at the hands of the clothier, whereby to sustain the poor estate of themselves, their wives and children; at the humble petition as well of the said clothiers, as also of their said spinners and weavers, and first for the avoiding of all deceitful dealing between the clothiers and their weavers, Be it enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, and by the authority of the same:—That all wool which, after the feast of Easter next, shall be delivered for or by any clothier to any person or persons to be spun, shall be delivered by true and lawful weight, and that all and every spinner and spinners shall deliver again to or for such clothier yarn of the same wool by the same true and lawful weight (all necessary waste thereof excepted) without concealing any part thereof, or deceitfully putting thereunto any oil, water, or other thing, upon pain that every spinner doing the contrary shall forfeit four times the value that such deceit by any such spinner committed or done shall amount unto. And for the better relief of all and every the said spinner and spinners, be it further enacted by the authority aforesaid, that after the said feast all and every clothier and clothiers and spinsters to the market shall pay for the spinning of every pound weight of the best sorting warp three pence, of every pound weight of the second warp two pence halfpenny, of every pound weight of the worst warp to be used in sorting cloths two pence farthing, of every pound weight of the best abbs [283] two pence halfpenny, of every pound weight of the best sorting abbs two pence, and of every pound weight of the worst sorting abbs to be used[Pg 338] in sorting cloths three halfpence farthing, of every pound weight of single list three halfpence, upon pain to forfeit for every penny that any such clothier shall withhold or detain from any spinner contrary to the charitable intent of this statute twelve pence.

To avoid all evil and corrupt dealing between clothiers and their weavers, be it enacted by the authority aforesaid:—That all and every weaver and weavers which after the said feast, shall have the weaving of any woollen yarn to be webbed into cloth, shall weave, work, and put into the web, for cloth to be made thereof, as much and all the same yarn, as any clothier, or any other person for or in the behalf of any clothier, shall deliver to the same weaver with his used mark put to the same, without changing, or any parcel thereof leaving out of the same web, or else shall restore to the same clothier the surplusage of the same yarn, if any shall be left not put into the same web, without deceitfully putting of any deceivable brine, moisture, sand, dust, or other thing thereunto, upon pain to forfeit four times the value that such deceit by any such weaver committed or done shall amount unto. And for the better relief of all and every the said weaver and weavers be it further enacted by the authority aforesaid, that after the said feast all and every clothier and clothiers shall pay for the weaving of every ell [284] containing three pounds weight in yarn, of every broad listed cloth, as it shall be laid upon the bar and which shall be woven in a fourteen hundred sley, sixteen pence, for the weaving of every ell, containing three pounds weight and three-quarters in yarn of every broad listed cloth, as it shall be laid upon the bar and which shall be woven in a thirteen hundred sley, fourteen pence, and for every beer [285] between thirteen hundred and fourteen hundred twelve pence,[Pg 339] for the weaving of every ell containing three pounds weight and three-quarters at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a twelve hundred sley, ten pence, and for every beer between twelve hundred and thirteen hundred two shillings, for weaving of every ell containing three pounds weight and an half at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a eleven hundred sley, eight pence, and for every beer between eleven hundred and twelve hundred, twelve pence, for weaving of every ell containing three pounds weight and an half at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a ten hundred sley, six pence, and for every beer between ten hundred and eleven hundred twelve pence, for weaving of every broad listed cloth, that shall be woven in a sley under a ten hundred, and that shall contain thirty ells as it shall be laid upon the bar, twelve shillings, for the weaving of every broad listed cloth that shall be woven in a sley under a ten hundred, and that shall contain eight and twenty ells as it shall be laid upon the bar, ten shillings, for weaving of every narrow listed sorting cloth that shall be woven in a ten hundred sley, ten shillings, for the weaving of every narrow listed sorting cloth that shall be woven in a nine hundred sley, nine shillings, for the weaving of every narrow listed sorting cloth that shall be woven in an eight hundred sley, eight shillings, and for the weaving of every beer over and above in any of the said sleys of the said narrow listed cloths three pence, upon pain to forfeit for every penny that any clothier shall withhold or detain from any weaver contrary to the true intent of this act twelve pence.

And be it further enacted by the authority aforesaid that wheresoever any greater wages hath been heretofore usually given for spinning any of the sorts of yarn aforesaid or for weaving any of the sorts of cloths aforesaid, that there and in all such place the same wages or greater shall after the said feast be given without any diminution thereof, upon pain that every clothier shall forfeit for every penny that he or she shall so detain from any spinner or weaver contrary to the true intent of this act twelve pence, any the rate or wages before in this act particularly limited and appointed to weavers notwithstanding. And be it further enacted by the said authority, that after the said feast no clothier, for the weaving[Pg 340] of any his or her white cloths, shall use or cause to be used any sley of less breadth than eleven quarters and three nails of the yard in white work beside the list, upon pain to forfeit for every such default ten shillings. And be it further enacted by the authority aforesaid that after the said feast no clothier shall use any warping bar that shall contain any greater length than three yards from one pin to another upon pain to forfeit for every such default ten shillings. And further be it enacted by the authority aforesaid that justices of assize in their circuits, justices of peace in their sessions, sheriffs in their turns, stewards in their leets and lawdays, mayors, sheriffs, and bailiffs of cities, boroughs and towns corporate in their courts, shall and may inquire, hear, and determine from time to time all and every the said offences committed and done within the limits of their several jurisdictions and authorities.

And forasmuch as divers evil-disposed persons commonly called yarn choppers or jobbers of woollen yarn, wanting the fear of God, and caring only for their own private gain without having any regard to the maintenance of the commonwealth, using no trade either of making woollen cloths, or of any other thing made of woollen yarn, inverting the true intent of the statute made in the eighth year of our late Sovereign Lord King Henry the sixth among other things especially to destroy the falsity of regrators of yarn called yarn choppers, to their own malicious purpose, do in every fair and market buy up and get into their hands so great quantities of woollen yarn, that the clothiers and others using lawful trade wherein woollen yarn must need be occupied, and by which trade many thousands of her Majesty's poor subjects are relieved, are driven for their necessity sake to buy the same at their hands deceitfully handled and at such unreasonable price as they list to set upon the same, whereby the clothiers and others using divers lawful ways and means for the employment of woollen yarn, are very greatly hindered, and such drones, idle members and evil weeds in a commonwealth by such oppressions maintained and greatly enriched, for remedy whereof be it enacted established and ordained by the authority aforesaid:—That no manner of person or persons shall after the said feast of Easter next buy, bargain, take, or make any promise for bargain or sale of or for any woollen yarn but only such person or persons as[Pg 341] are known to be makers of woollen cloth or other thing made of woollen yarn or mixed with woollen yarn, his or their wife or wives or his or their children, apprentices or servants, inhabiting in his or their mansion house or houses, and who shall or may lawfully make of the said woollen yarn any kind of bayes, knit hose, arras, tapestry, coverlets, or any other thing or things used to be made of woollen yarn or mixed with woollen yarn, upon pain of forfeiture of all woollen yarn to be bought, or whereof any promise for bargain or sale thereof shall be taken or made contrary to the true meaning of this act, in whose hands soever any such woollen yarn shall be found, and further to incur all the pains and penalties limited to yarn choppers by the said act made in the eighth year of King Henry the sixth.

[284] The words from "ell" to "fourteen hundred" have been crossed out in the original, and the rest of the passage as far as the end of the paragraph (p. 339) is bracketed as if for cancellation. Interlined is the following substituted clause, to be read after the words "for the weaving of every":—"of their best fine cloths vjs. viijd., and for their second sort of fine cloths iiijs., and for their least sort of fine cloths iijs., and for the best sort of sorting cloths ijs., and for the middle and least sort of sorting cloths or pack cloths with narrow lists, xviijd., more than was given by any clothier in any of the said counties or elsewhere of like making for the weaving of every or any of the said sorts of cloths at or before the feast of Xmas last past."

9. Draft Piece-list Submitted for Ratification to the Wiltshire Justices by Clothiers and Weavers [Hist. MSS. Com., Vol. I, p. 162, The Records of Quarter Sessions in the County of Wiltshire], 1602.

The just proportions of the several works put forth by the Clothiers of the County of Wilts both to the Weavers and Spinners, with the valuation of the wages according as every sorts of work do deserve by reason of the fineness of the wool and spinning of every sort of work; as also by reason of the hard working of every sort with the usual numbers of hundreds, beers [286] and abbs which is commonly put forth to every several cloth, which is the best rate by which we can keep apportion, set down by us the clothiers of the said county.

[Scales are also given for 900, 1000, 1100, and 1200 lbs. A graduated rise in price varying from xiid. in the case of a cloth of 900 lbs. to iis. for a cloth of 1100 to 1200 lbs. is awarded; for every beere id. up to vid., and for every pound of abbe above 54 and not above 60 xviiid, and above 60 lbs. xxd.]

William Yerbury.
Nicholas Phippe.
John Usher.
Walter Yerbury.
John Yewe.
Edward Cogswell.
Richard Dycke.

Hugh Watts.
Henry Cappe.
William Rundell.
Henry Prior.
Thomas Lavington.
Bartholomew Skege.

10. An Act Empowering Justices to Fix Minimum Rates of Payment [1 James I, c. 6. Statutes of the Realm, Vol. IV, Part II, pp. 1022-24], 1603-04.

... And whereas the said act [i.e. 5 Eliz., c. iv] hath not, according to the true meaning thereof, been duly put in execution, whereby the rates of wages for poor artificers, labourers and other persons whose wages were meant to be rated by the said act, have not been rated and proportioned according to the plenty, scarcity, necessity, and respect of the time, which was politicly intended by the said act, by reason that ambiguity and question have risen and been made whether the rating of all manner artificers, workmen and workwomen, his and their wages, other than such as by some statute and law have been rated, or else such as did work about husbandry, should or might be rated by the said law; Forasmuch as the said law hath been found beneficial for the commonwealth, be it enacted by authority of this present parliament, that the said statute, and the authority by the same statute given to any person or persons for assessing and rating of wages, and the authority to them in the said act committed, shall be[Pg 343] expounded and construed, and shall by force of this act give authority to all persons having any such authority to rate wages of any labourers, weavers, spinsters, and workmen or workwomen whatsoever, either working by the day, week, month, year, or taking any work at any person or persons' hands whatsoever, to be done in great or otherwise....

And furthermore be it enacted by the authority aforesaid, that if any clothier or other shall refuse to obey the said order, rate or assessment of wages as aforesaid, and shall not pay so much or so great wages to their weavers, spinsters, workmen or workwomen as shall be so set down rated and appointed, according to the true meaning of this act, that then every clothier and other person and persons so offending shall forfeit and lose for every such offence, to the party aggrieved, ten shillings: and that if the said offence and offences of not paying so much or so great wages to their said workmen, workwomen and others shall be confessed by the offender, or that the same shall be proved by two sufficient and lawful witnesses before the justices of peace in their quarter sessions of the peace, the justices of assize in their sessions, or before any two justices of the peace, whereof one to be of the quorum; that then every such person shall forthwith stand and be in law convicted thereof; which said forfeiture of ten shillings shall be levied by distress and sale of the offenders goods, by warrant from the said justices before whom any such conviction shall be had; which sale shall be good in law against any such offender or offenders....

Provided nevertheless and be it enacted by the authority aforesaid, That no clothier, being a justice of peace in any precinct or liberty, shall be any rater of any wages for any weaver, tucker, spinster, or other artizan that dependeth upon the making of cloth; and in case there be not above the number of two justices of peace within such precinct or liberty but such as are clothiers, that in such case the same wages shall be rated and assessed by the major part of the common council of such precinct or liberty, and such justice or justices of peace (if any there be) as are not clothiers.[Pg 344]

11. Administration in Wiltshire of Acts Regulating the Manufacture of Cloth [Hist. MSS. Com., Vol. I, pp. 74-5], 1603.

First, that no person using the trade of weaving woollen cloth be suffered to keep more looms than that the statute made a^o v^to Elizabethae alloweth. 2. Item, that all such persons as are now permitted to be master weaver, and themselves have not served their full term of apprenticeship, whether he be above or under the age of xxxtie years and married or unmarried, shall not make or take any apprentice to serve him as apprentice hereafter, neither shall any serve him as an apprentice. 3. Item, that every such person permitted to be a master weaver which hath not served his full years of apprenticeship shall not keep above one loom going; and no apprentice to work with him but a journeyman or journeymen. 4. Item, none hereafter to be made apprentice to the art of weaving broad cloth but according to the form of the statute ut supra. 5. Item, that all such as are now allowed to be apprentices, their names to be registered, and none hereafter to be made apprentices but such persons as are appointed overseers of the said occupation to be first made acquainted thereof, to the end no abuse may be suffered, nor unlawful shift used to defraud the true meaning of the said statute. 6. Item, that no weaver shall sell his apprentice and take another before the first have served seven years. 7. Item, that none shall work as a journeyman except he bring certificate that he hath served full seven years, or his master to testify the same. 8. Item, that no clothman shall keep above one loom in his house, neither any weaver that hath a ploughland shall keep more than one loom in his house. 9. Item, that no weaver shall keep two apprentices in one loom working except one of them be in his last year. 10. Item, that no apprentice shall come forth of his covenant of apprenticeship before he be four and twenty years of age, to avoid young marriages and the increase of poor people. 11. Item, that no person or persons shall keep any loom or looms going in any other house or houses beside[Pg 345] their own, or maintain any to do the same. 12. Item, that all those that have entered into the trade of broad weaving contrary to the statute within these two years may be expelled and put from the same trade, and all those that are journeyman (sic) and have not served their time, if they be not married, may return and serve their seven years out, or else to be put from their occupation. 13. Item, that all those that are entered in contrary to the statute, having other things to live upon, may be expelled, and put from the trade. 14. Item, that all weavers dwelling in any town corporate, borough, or market town, may call into their fellowship all weavers dwelling within three miles compass of any of the said towns, as well journeymen and [as?] masters, and that there may be so many overseers of these said companies as may be fit for the same. 15. Item, that every master weaver of these several companies may have a meeting once every quarter, whereby they may have the examination of those things that may be amiss amongst them, to the end no disorder rise amongst them as in time past hath been, and that every broad weaver keeping a loom may give quarterly ivd. towards the relief of their poor brethren that shall need. 16. Item, that the master of every several company may call before them every particular offender in matters pertaining to their occupation, whether it be master or journeyman or apprentice, to the end that drunkenness, idleness, or pilfering of their masters' stuff may be punished by laws fit for any of these offences. 17. Item, that any of those that shall disobey any of these good orders that are set down, that there may be such penalties inflicted upon any such persons as may be able to suffice them, and shall be agreeable with the laws of the realm, and by such persons as are thereunto authorised by the statutes and laws.

James Martin.
Henry Martyn.
G. Tooker.
Hen. Poole.
James Ley.
Thos. Hungerforde.
Edmund Lamberte.

12. Assessment made by the Justices of Wiltshire, Dealing Mainly with other than Textile Workers [Hist. MSS. Com., Vol. I, pp. 162-167, The Records of Quarter Sessions in the County of Wilts], 1604.

... third day of May in the first year of our Sovereign Lord James by the grace of God King of England ... Defender of the Faith, and upon diligent respect and consideration by ... for the time ... according to the form of a statute made in the first [289] year of the reign of our late Sovereign Lady Queen ... hereafter particularly ensueth.

A bailiff of husbandry shall not take by the year of wages above liiis. iiiid. and a livery or xs. for the same.

A chief shepherd which keepeth one thousand sheep and above shall not take by the year of wages above xls., and a livery or viiis. for the same, and pasture or feeding for xx^t sheep all the year or xiid. for every of them.

A shepherd which keepeth six hundred sheep shall not take of wages above xxiiis. iiid., and a livery or vis. for the same, and feeding for ten sheep all the year or xiid. for every of them.

A chief hind of husbandry and a chief carter shall not take by the year of wages above xls. and a livery or viiis.

A common servant of husbandry and a common shepherd above the age of xxi years shall not take by the year [either of] them of wages above xxxiiis. iiiid. and a livery or vis. viiid. for the same.

All other servants and shepherds under xxi years and above xvi years shall not take by the year of wages above xxs. and a livery or vs. for the same.

A chief woman servant shall not take by the year of wages above xxxs. and a livery or vs. for the same.

Every other woman servant above xvi years of age shall not take by the year of wages above xxs. and a livery or vs. for the same.

Wages by the day for labourers in harvest and at all other times of the year in husbandry.

Mowers of grain by the day with meat and drink shall not take of wages above vd. and without meat and drink not above xd.

Men labourers in haymaking or gripping of lent corn shall not take by the day with meat and drink of wages above iiiid. and without meat and drink not above viiid.

Women labourers in haymaking or gripping of lent corn shall[Pg 347] not take by the day with meat and drink of wages above iiid. and without not above vid.

Mowers of corn shall not take by the day with meat and drink of wages above vd., and without meat and drink not above xd.

Men reapers of wheat and rye shall not take by the day with meat and drink of wages not above vd. and without meat and drink not above xd.

Women reapers of wheat and rye shall not take by the day with meat and drink not above iiiid. and without meat and drink not above ixd.

Every hedger, ditcher, thresher and other like labourer in husbandry not afore named shall not take by the day from Michaelmas to the Annunciation of our Lady of wages with meat and drink not above iiid., and without meat and drink not above viid., and that at the election of the hirer; and from the Annunciation of our Lady unto Michaelmas of wages by the day with meat and drink not above iiiid., and without meat and drink not above viiid., and that at the election of the hirer.

For reaping and binding of wheat, rye, or beans, for every acre by the lug not above xxd.

Threshing of wheat, rye, pease, beans, or fatches, for every quarter, not above xd.

Ditching, planting, and hedging of a perch containing sixteen foot and a half in length, three foot in depth, and five foot in breadth in gravel or stony ground, and setting the same with two chests of plants and making hedge for every perch, not above vid.

Ditching, planting, and hedging after the same order in other sandy or easy grounds, by the lug of like awise not above vd.

Making of plaisted hedge and other fenced hedge more strong and scouring of the ditch, for every perch not above iid.[Pg 348]

Paling and railing with one rail, felling and clearing of timber and digging of the holes for the posts, for every perch not above xd.

Railing with double rails with felling and clearing of timber and digging of the holes for the posts, for every perch not above vd.

For every common workman or journeyman of these sciences from Michaelmas to the Annunciation of our Lady of wages by the day with meat and drink not above iiid., and without meat and drink not above viid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above iiiid., and without meat and drink not above viid.

For every apprentice of these sciences and for every labourer to attend to serve them, from Michaelmas to the Annunciation of our Lady with meat and drink not above iid., and without meat and drink not above vd., and from the Annunciation of our Lady to Michaelmas with meat and drink not above iiid., and without meat and drink not above viid.

For a chief ploughwright by the day from Michaelmas to the Annunciation of our Lady with meat and drink not above iiiid., and without meat and drink not above viiid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above vd., and without meat and drink not above xd.

For sawyers the couple from Michaelmas to the Annunciation of our Lady with meat and drink not above viiid., and without[Pg 349] meat and drink not above xvid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above xd., and without meat and drink not above xviiid. So always that the owner of the saw do have for every day 1d. more than his fellow.

Wages by the year for the journeymen of these occupations following
with meat and drink.

For a miller by the year with meat and drink of wages not above xls. and a livery, or vis. viiid. for the same.

For a loader to the mill of wages not above xxvis. viiid. and a livery, or vis. for the same.

For a dyer, for a brewer, for a tanner, for a linen weaver, the chiefest to take by the year of wages not above ls., and all other common workmen of the same occupation of wages by the year not above xls. without any livery.

Every master weaver or chief workman in that trade, working duly and truly, shall have of wages for weaving of a cloth of what sort soever after the rate of [blank] the day and every other ordinary workman of that trade, working as aforesaid, shall have for weaving of a cloth of what sort soever after the rate of [blank]; but they shall not take their wages for every day that they shall be about the making of a cloth, but only for so many days as good workmen of that trade following their labour duly and painfully may, if they will, make such a cloth.

Every master tucker, following his labour duly and painfully, shall take of wages by the week not above [blank], and every ordinary workman of the same trade, following his labour as aforesaid, shall take of wages by the week not above [blank]. Every woman spinner's wage shall be such as, following her labour duly and painfully, she may make it account to [blank] the day.

James Mervin.
Wm. Eyre.
Edw. Penruddock.
Jasper More.
John Dauntsey.
Alexander Tutt.
Jo. Ernlle.
James Ley.
Henry Martyn.

13. Assessment Made by the Justices of Wiltshire, Dealing Mainly with Textile Workers [Hist. MSS. Com., Vol. I, pp. 167-168, The Records of Quarter Sessions in the County of Wilts], 1605.

Wiltshire.—The declaration of the general rates of wages of servants, labourers, artificers, handycraftsmen, weavers, spinsters, workmen and workwomen within the foresaid county assessed and rated by the Justices of the Peace of the foresaid county, whose hands and seals are hereunder to these presents set, at the General Sessions of the Peace of the said county holden at the Devizes in the said county the ninth day of April in the year of the reign of our Sovereign Lord James by the grace of God, etc...., according to the Statutes in that case made and provided.

Imprimis, that the rates of the wages of servants, labourers, artificers, and handicraftsmen within the said county shall continue and be for this year now next ensuing in all respects as they were rated and assessed the last year next before.

Item that the rates of wages of the weavers and spinsters shall be for this year now next ensuing as follows, viz.:—

1.	Regulations made at Chester as to Beggars, 1539	366
2.	A Proclamation concerning Corn and Grain to be brought into open Markets to be sold, 1545	367
3.	Administration of Poor Relief at Norwich, 1571	369
4.	The first Act Directing the Levy of a Compulsory Poor Rate, 1572	372
5.	The first Act requiring the Unemployed to be set to Work, 1575-6	373
6.	Report of Justices to Council Concerning Scarcity in Norfolk, 1586	373
7.	Orders devised by the Special Commandment of the Queen's Majesty for the Relief and Ease of the Present Dearth of Grain within the Realm, 1586	374
8.	The Poor Law Act, 1601	380
9.	A note of the Grievances of the Parish of Eldersfield, 1618	381
10.	Petition to Justices of Wiltshire for Permission to Settle in a Parish, 1618	382
11.	Letter from Privy Council to Justices of Cloth-making Counties, 1621-2	382
12.	Letter from Privy Council to the Deputy Lieutenants and Justices of the Peace in the Counties of Suffolk and Essex concerning the Employment of the Poor, 1629	383
13.	The Licensing of Badgers in Somersetshire, 1630	385
14.	Badgers Licensed at Somersetshire Quarter Sessions, 1630	385
15.	The Supplying of Bristol with Grain, 1630-1	385
16.	Proceedings against Engrossers and other Offenders, 1631	386
17.	Order of Somersetshire Justices Granting a Settlement to a Labourer, 1630-1	386
18.	Report of Derbyshire Justices on their Proceedings, 1631	387
19.	Letter from Privy Council to Justices of Rutlandshire, 1631	390
20.[Pg xvii]	Judgment in the Star Chamber against an Engrosser of Corn, 1631	391

1.	Letters Patent granted to the Cabots by Henry VII, 1496	400
2.	The Merchant Adventurers' Case for Allowing the Export of Undressed Cloth, 1514-36	402
3.	The Rise in Prices, the Encouragement of Corn growing, and the Protection of Manufactures, c. 1549	404
4.	Sir Thomas Gresham on the Fall of the Exchanges, 1558	416
5.	The reasons why Bullion is Exported (temp. Eliz.)	419
6.	The Italian Merchants Explain the Foreign Exchanges, 1576	420
7.	An Act Avoiding divers Foreign Wares made by Handicraftsmen Beyond the Seas, 1562	424
8.	An Act Touching Cloth Workers and Cloth Ready Wrought to be Shipped over the Sea, 1566	426
9.	Incorporation of a Joint Stock Mining Company, 1568	427
10.	An Act for the Increase of Tillage, 1571	428
11.	Instructions for an English Factor in Turkey, 1582	431
12.	The Advantages of Colonies, 1583	434
13.	Lord Burghley to Sir Christopher Hatton on the State of Trade, 1587	438
14.	A List of Patents and Monopolies, 1603	440
15.	Instructions Touching the Bill for Free Trade, 1604	443
16.	The Establishment of a Company to export Dyed and Dressed Cloth in place of the Merchant Adventurers, 1616-17	454
17.	Sir Julius Cæsar's proposals for Reviving the Trade in Cloths, 1616	460
18.	The Grant of a Monopoly for the Manufacture of Soap, 1623	461
19.	The Statute of Monopolies, 1623-4	465
20.	An Act for the Free Trade of Welsh Cloths, 1623-4	468
21.	The Economic Policy of Strafford in Ireland, 1636	470
22.	Revocation of Commissions, Patents and Monopolies Granted by the Crown, 1639	472
23.[Pg xviii]	Ordinance establishing an Excise, 1643	475

1.	Defoe's account of the West Riding Cloth Industry, 1724	482
2.	Defoe's account of the Woollen Trade (temp. George II)	483
3.	Defoe's account of the Corn Trade (temp. George II)	487
4.	Defoe's account of the Coal Trade (temp. George II)	491
5.	A description of Middlemen in the Woollen Industry, 1739	492
6.	Report on the Condition of Children in Lancashire Cotton Factories, 1796	495
7.	Newcastle Coal Vend, 1771-1830	497
8.	The Old Apprenticeship System in the Woollen Industry, 1806	499
9.	A Petition of Cotton Weavers, 1807	500
10.	Depression of Wages and its Causes in the Cotton Industry, 1812	501
11.	Evidence of the Condition of Children in Factories, 1816	502
12.	Change in the Cotton Industry and the Introduction of Power Loom Weaving, 1785-1807	505
13.	Evidence by Factory Workers of the Condition of Children, 1832	510
14.	Women's and Children's Labour in Mines, 1842	516
15.	Description of the Condition of Manchester by John Robertson, Surgeon, 1840	519

1.	Enclosure Proceedings in the Court of Chancery, 1671	525
2.	Advice to the Stewards of Estates, 1731	526
3.	Procedure for Enclosure by Private Act, 1766	528
4.	Farming in Norfolk, 1771	530
5.	A Petition against Enclosure, 1797	531
6.	Extracts on Enclosure from the Surveys of the Board of Agriculture, 1798-1809	532
7.	Arthur Young's Criticism of Enclosure, 1801	536
8.	Enclosure Consolidating Act, 1801	537
9.[Pg xix]	General Enclosure Act, 1845	541

1.	An Act against Truck, 1701	545
2.	A Wages Assessment at a Warwickshire Quarter Sessions, 1738	546
3.	Spitalfields Weavers Act, 1773	547
4.	A Middlesex Wages Assessment under the Spitalfields Act, 1773	551
5.	Agricultural Labourers' Proposals for a Sliding Scale of Wages, 1795	552
6.	Debates on Whitbread's Minimum Wage Bill, 1795-6	554
7.	Arbitration Act for the Cotton Industry, 1800	568
8.	Amendment of the Arbitration Act, 1804	570
9.	The First Factory Act, 1802	571
9A.	Minutes of Committee on Children in Factories	573
10.	Calico Printers' Petition for Regulation, 1804	573
11.	Report on Calico Printers' Petition, 1806	574
12.	Cotton Weavers' Petition against the Repeal of 5 Elizabeth, c. 4, 1813	576
13.	Debates on the Regulation of Apprentices, 1813-14	577
14.	Resolutions of the Watchmakers on Apprenticeship, 1817	588
15.	Report of the Committee on the Ribbon Weavers, 1818	590
16.	The Cotton Factory Act of 1819	591
17.	Oastler's First Letter on Yorkshire Slavery, 1830	592
18.	Factory Act, 1833	594
19.	Proposals for a Wages Board for Hand-Loom Weavers, 1834	596
20.	Coal Mines Regulation Act, 1842	598
21.	Debate on Factory Legislation, 1844	599
22.	Factory Act, 1844	612
23.	Recommendations of the Commission on the Health of Towns, 1845	614

The Project Gutenberg eBook of English Economic History: Select Documents

ENGLISH
ECONOMIC HISTORY

SELECT DOCUMENTS

COMPILED AND EDITED BY

A.E. BLAND, B.A., P.A. BROWN, M.A.,
and R.H. TAWNEY, D.Litt.

INTRODUCTION

CONTENTS

PART I: 1000-1485

SECTION I

Section II

SECTION III

SECTION IV

SECTION V

SECTION VI

SECTION VII

PART II: 1485-1660

SECTION I

SECTION II

SECTION III

1.	Rights and Duties of All Persons (Rectitudines singularum personarum), c. 1000	5
2.	The form of the Domesday Inquest, 1086	9
3.	The borough of Dover, 1086	10
4.	The borough of Norwich, 1086	11
5.	The borough of Wallingford, 1086	13
6.	The customs of Berkshire, 1086	15
7.	Land of the Church of Worcester, 1086	15
8.	The manor of Rockland, 1086	16
9.	The manor of Halesowen, 1086	16
10.	The manor of Havering, 1086	17

1.	Frankalmoin, temp. Henry II	22
2.	Knight Service, 1308	23
3.	Grand Serjeanty, 1319	24
4.	Petty Serjeanty, 1329	25
5.	An action on the feudal incidents due from lands held by petty serjeanty, 1239-40	25
6.	Free socage, 1342	26
7.	Commutation of a serjeanty for knight service, 1254	27
8.	Commutation of service for rent, 1269	27
9.	Subinfeudation, 1278	28
10.	Licence for the widow of a tenant in chief to marry, 1316	29
11.	Marriage of a widow without licence, 1338	30
12.	Alienation of land by a tenant in chief without licence, 1273	30
13.	Wardship and marriage, 1179-80	30
14.	Grant of an heir's marriage, 1320	31
15.	Wardship, 1337[Pg x]	31
16.	Collection of a carucage, 1198	32
17.	An acquittance of the collectors of scutage of a sum of £10 levied by them and repaid, 1319	33
18.	Payment of fines in lieu of knight service, 1303	34
19.	The assessment of a tallage, 1314	35
20.	A writ Precipe, c. 1200	36
21.	Articles of enquiry touching rights and liberties and the state of the realm, 1274	36
22.	Wreck of sea, 1337	40

1.	Charter of liberties to the Jews, 1201	44
2.	Ordinances of 1253	45
3.	Expulsion of a Jew, 1253	46
4.	Punishment for non-residence in a Jewry, 1270	47
5.	Grant of a Jew, 1271	47
6.	Ordinances of 1271	48
7.	Removal of Jewish communities from certain towns to others, 1275	50
8.	Disposition of debts due to Jews after their expulsion, 1290	50

1.	Extent of the manor of Havering, 1306-7	56
2.	Extracts from the Court Rolls of the manor of Bradford,1349-58	65
3.	Deed illustrating the distribution of strips, 1397	76
4.	Regulation of the common fields of Wimeswould, c. 1425	76
5.	Lease of a manor to the tenants, 1279	79
6.	Grant of a manor to the customary tenants at fee farm, ante 1272	81
7.	Lease of manorial holdings, 1332	82
8.	An agreement between lord and tenants, 1386	84
9.	Complaints against a reeve, 1278	84
10.	An eviction from copyhold land, temp. Henry IV.-Henry VI	85
11.	Statute of Merton, 1235-6	87
12.	An enclosure allowed, 1236-7	88
13.	An enclosure disallowed, 1236-7	89
14.	A villein on ancient demesne dismissed to his lord's court, 1224	89
15.	Claim to be on ancient demesne defeated, 1237-8 [Pg xi]	90
16.	The little writ of right, 1390	91
17.	Villeinage established, 1225	92
18.	Freedom and freehold established, 1236-7	93
19.	A villein pleads villeinage on one occasion and denies it on another, 1220	93
20.	An assize allowed to a villein, 1225	95
21.	A freeman holding in villeinage, 1228	96
22.	Land held by charter recovered from the lord, 1227	97
23.	The manumission of a villein, 1334	97
24.	Grant of a bondman, 1358	98
25.	Imprisonment of a gentleman claimed as a bondman, 1447	98
26.	Claim to a villein, temp. Henry IV-Henry VI	100
27.	The effect of the Black Death, 1350	102
28.	Accounts of the Iron Works of South Frith before and after the Black Death, 1345-50	103
29.	The Peasants' Revolt, 1381	105

1.	Payments made to the Crown by gilds in the twelfth century, 1179-80	114
2.	Charter of liberties to the borough of Tewkesbury, 1314	116
3.	Charter of liberties to the borough of Gloucester, 1227	119
4.	Dispute between towns touching the payment of toll, 1222	121
5.	Dispute with a lord touching a gild merchant, 1223-4	123
6.	The affiliation of boroughs, 1227	124
7.	Bondman received in a borough, 1237-8	125
8.	An inter-municipal agreement in respect of toll, 1239	126
9.	Enforcement of charter granting freedom from toll, 1416	126
10.	Licence for an alien to be of the Gild Merchant of London,1252	127
11.	Dispute between a gild merchant and an abbot, 1304	128
12.	Complaints of the men of Leicester against the lord, 1322	131
13.	Grant of pavage to the lord of a town, 1328	133
14.	Misappropriation of the tolls levied for pavage, 1336	135
15.	Ordinances of the White Tawyers of London, 1346	136
16.	Dispute between Masters and Journeymen, 1396	138
17.	Ordinances of the Dyers of Bristol, 1407	141
18.	Incorporation of the Haberdashers of London, 1448	144
19.	Indenture of Apprenticeship, 1459	147
20.	A runaway apprentice, c. 1425	148
21.	Incorporation of a gild for religious and charitable uses, 1447 [Pg xii]	148

1.	Assize of Measures, 1197	154
2.	Grant to the lord of a manor of the assize of bread and ale and other liberties, 1307	155
3.	An offence against the assize of bread, 1316	156
4.	Inquisition touching a proposed market and fair, 1252	157
5.	Grant of a fair at St. Ives to the abbot of Ramsey, 1202	158
6.	Grant of a market at St. Ives to the abbot of Ramsey, 1293	158
7.	Proceedings in the court at the fair of St. Ives, 1288	159
8.	The Statute of Winchester, 1285	160
9.	The recovery of debt on a recognisance, 1293	161
10.	Procedure at a fair pursuant to the Statute for Merchants, 1287	162
11.	The aulnage of cloth, 1291	163
12.	The Ordinance of Labourers, 1349	164
13.	Presentments made before the Justices of Labourers, 1351	167
14.	Excessive prices charged by craftsmen, 1354	169
15.	Fines levied for excessive wages, 1351	169
16.	Writ to enforce payment of excess of wages to the collectors of a subsidy, 1350	170
17.	Application of fines for excessive wages to a subsidy, 1351-2	171
18.	Labour Legislation: the Statute of 12 Richard II, 1388	171
19.	Labour Legislation: a Bill in Parliament, 23 Henry VI, 1444-5	176
20.	Organisation of the Staple, 1313	178
21.	Arguments for the establishment of home staple towns, 1319	180
22.	Ordinances of the Staple, 1326	181
23.	The election of the mayor and constables of a Staple town, 1358	184
24.	Royal letters patent over-ruled by the custom of the Staple, c. 1436	185
25.	Prohibition of export of materials for making cloth, 1326	186
26.	Commercial policy, temp. Edward IV	187
27.	The perils of foreign travel, 1315	188
28.	Grant of letters of marque and reprisals, 1447	190
29.	Grant of liberties to the merchants of Douai, 1260	192
30.	Aliens at a fair, 1270	193
31.	Confirmation of liberties to the merchants of Almain, 1280	194
32.	Alien weavers in London, 1362	195
33.	The hosting of aliens, 1442	197
34.	An offence against Stat. 18 Henry VI for the hosting of aliens, 1440	198
35.	Imprisonment of an alien craftsman, c. 1440	199
36.	Petition against usury, 1376[Pg xiii]	200
37.	Action upon usury, c. 1480	201

1.	Form of the taxation of a fifteenth and tenth, 1336	204
2.	Disposition of a subsidy of tonnage and poundage, 1382	206
3.	The king's prise of wines, 1320	206
4.	The custom on wool, 1275	207
5.	The custom on wine, 1302	208
6.	The custom on general imports, 1303	211
7.	Administration of the search for money exported, 1303	216
8.	Provisions for the currency, 1335	217
9.	Opinions on the state of English money, 1381-2	220

1.	Villeinage in the Reign of Elizabeth, 1561	231
2.	Customs of the Manor of High Furness, 1576	232
3.	Petition in Chancery for Restoration to a Copyhold, c.1550	234
4.	Petition in Chancery for Protection against Breach of Manorial Customs, 1568	241
5.	Lease of the manor of Ablode to a Farmer, 1516	245
6.	Lease of the Manor of South Newton to a Farmer, 1568	246
7.	The Agrarian Programme of the Pilgrimage of Grace, 1536	247
8.	The Demands of the Rebels led by Ket, 1549	247
9.	Petition to Court of Requests from Tenants Ruined by Transference of a Monastic Estate to lay hands, 1553	251
10.	Petition to Court of Requests to stay Proceedings against Tenants Pending the Hearing of their Case by the Council of the North, 1576	254
11.	Petition from Freeholders of Wootton Bassett for Restoration of Rights of Common, temp. Charles I	255
12.	Petition to Crown of Copyholders of North Wheatley, 1629	258
13.	An Act Avoiding Pulling Down of Towns, 1515	260
14.	The Commission of Enquiry Touching Enclosures, 1517[Pg xiv]	262
15.	An Act Concerning Farms and Sheep, 1533	264
16.	Intervention of Privy Council under Somerset to Protect Tenants, 1549	266
17.	An Act for the Maintenance of Husbandry and Tillage, 1597	268
18.	Speech in House of Commons on Enclosures, 1597	270
19.	Speeches in House of Commons on Enclosures, 1601	274
20.	Return to Privy Council of Enclosers furnished by Justices of Lincolnshire, 1637	275
21.	Complaint of Laud's Action on the Commission for Depopulation, 1641	276

1.	A Protest at Coventry against a Gild's Exclusiveness, 1495	282
2.	A Complaint from Coventry as to Inter-Municipal Tariffs, 1498	282
3.	The Municipal Regulation of Wages at Norwich, 1518	282
4.	The Municipal Regulation of Markets at Coventry, 1520	283
5.	The Municipal Regulation of Wages at Coventry, 1524	284
6.	An Act for Avoiding of Exactions taken upon Apprentices in Cities, Boroughs, and Towns Corporate, 1536	284
7.	An Act whereby certain Chantries, Colleges, Free Chapels and the Possessions of the same be given to the King's Majesty, 1547	286
8.	Regrant to Coventry and Lynn of Gild Lands Confiscated under 1 Edward VI, c. xiv (the preceding Act), 1548	291
9.	A Petition of the Bakers of Rye to the Mayor, Jurats, and Council to prevent the Brewers taking their trade, 1575	294
10.	Letter to Lord Cobham from the Mayor and Jurats of Rye concerning the Preceding Petition, 1575	295
11.	The Municipal Regulation of the Entry into Trade at Nottingham, 1578-9	295
12.	The Municipal Regulation of Markets at Southampton, 1587	296
13.	The Municipal Regulation of Wages at Chester, 1591	296
14.	The Company of Journeymen Weavers of Gloucester, 1602	297
15.	Petition of Weavers who are not Burgesses, 1604-5[Pg xv]	299
16.	Extracts from the London Clothworkers' Court Book, 1537-1627	300
17.	The Feltmakers Joint-Stock Project, 1611	302
18.	The Case of the Tailors of Ipswich, 1615	305
19.	The Grievances of the Journeymen Weavers of London, c. 1649	307

1.	Proposals for the Regulation of the Cloth Manufacture (temp. Henry VIII)	317
2.	Administrative Difficulties in the Regulation of the Manufacture of Cloth, 1537	319
3.	An Act Touching Weavers, 1555	320
4.	Enactment of Common Council of London as to Age of Ending Apprenticeship, 1556	323
5.	William Cecil's Industrial Programme, 1559	323
6.	The Statute of Artificers, 1563	325
7.	Proposals for the Better Administration of the Statute of Artificers, 1572	333
8.	Draft of a Bill Fixing Minimum Rates for Spinners and Weavers, 1593	336
9.	Draft Piece-list Submitted for Ratification to the Wiltshire Justices by Clothiers and Weavers, 1602	341
10.	An Act empowering Justices to fix Minimum Rates of Payment, 1603-04	342
11.	Administration of Acts Regulating the Manufacture of Cloth, 1603	344
12.	Assessment made by the Justices of Wiltshire, dealing mainly with other than Textile Workers, 1604	345
13.	Assessment made by the Justices of Wiltshire, dealing mainly with Textile Workers, 1605	351
14.	Administration of Wage Clauses of Statute of Artificers, 1605-08	352
15.	Administration of Apprenticeship Clauses of the Statute of Artificers, 1607-08	353
16.	The Organisation of the Woollen Industry, 1615	354
17.	Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1615	356
18.	A Petition to Fix Wages Addressed to the Justices by the Textile Workers of Wiltshire, 1623	356
19.	Appointment by Privy Council of Commissioners to Investigate Grievances of Textile Workers in East Anglia, 1630	357
20.[Pg xvi]	Report to Privy Council of Commissioners appointed above, 1630	358
21.	High Wages in the New World, 1645	360
22.	Young Men and Maids ordered to enter Service, 1655	360
23.	Request to Justices of Grand Jury of Worcestershire to assess Wages, 1661	361
24.	Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1669	361

1.	A Strike of the Journeymen Feltmakers, 1696-99	619
2.	A Petition of Master Tailors against Combination among the Journeymen, 1721	622
3.	A Dispute in the Northumberland and Durham Coal Industry, 1765	625
4.	Sickness and Unemployment Benefit Clubs among the Woolcombers, 1794	626
5.[Pg xx]	Combination Act, 1799	626
6.	Combination Act, 1800	627
7.	The Scottish Weavers' Strike, 1812	631
8.	The Repeal of the Combination Acts, 1824	633
9.	A Prosecution of Strikers under the Common Law of Conspiracy, 1810	635
10.	An Act Revising the Law affecting Combinations, 1825	636
11.	The Conviction of the Dorchester Labourers, 1834	638
12.	An Address of the Working Men's Association to Queen Victoria, 1837	641
13.	A Chartist Manifesto on the Sacred Month, 1839	642
14.	The Rochdale Pioneers, 1844	643

1.	Settlement Law, 1662	647
2.	Defoe's Pamphlet "Giving Alms no Charity", 1704	649
3.	The Workhouse Test Act, 1722	650
4.	Gilbert's Act, 1782	652
5.	Speenhamland "Act of Parliament", 1795	655
6.	The Workhouse System, 1797	657
7.	Two Varieties of the Roundsman System of Relief, 1797	660
8.	Another Example of the Roundsman System, 1808	660
9.	A Report of the Poor Law Commission, 1834	661
10.	The Poor Law Amendment Act, 1834	663
11.	Outdoor Relief Prohibitory Order, 1844	664

1.	Act abolishing Tenure by Knight Service, etc., 1660	670
2.	Navigation Act, 1660	670
3.	Proposals for Free Exportation of Gold and Silver, 1660	671
4.	An Attack on the Navigation Act, c. 1663	672
5.	Free Coinage at the Mint Proclaimed, 1666	674
6.	The East India Company and the Interlopers, 1684	675
7.	Foundation of the Bank of England, 1694	676
8.	The Need for the Recoinage of 1696	677
9.	Speech by Sir Robert Walpole on the Salt Duties, 1732	678
10.	Pitt's Sinking Fund Act, 1786	679
11.	The Suspension of Cash Payments, 1797	681
12.	Pitt's Speech on the Income Tax, 1798	683
13.	Foreign Trade in the early Nineteenth Century, 1812	689
14.	Debate on the Corn Laws, 1815	692
15.	The Corn Law of 1815	697
16.	Free Trade Petition, 1820	698
17.	The Foundation of the Anti-Corn-Law League, 1839	701
18.	The Bank Charter Act, 1844	702
19.	Debate on the Corn Laws, 1846	705

The relict of William Arnold holds 1 foreland and renders yearly	2s.
Richard of the Elms holds 1 foreland and renders yearly	4s.
John the Smith	3s.
John of the Oak of the burnt wood		18d.
Richard de la Strate		9d.
Arnewic May		12d.
Gilbert de la Berewe	3s.	4d.
William le Hettere holds 1 foreland and renders yearly 1d. and a ploughshare worth 6d.		7d.
John de Bollond	5s.
William Goldstan	2s.
Adam de Rumford		12d.
John de Haketon	2s.
Richard of the Elms		6d.
Nicholas de Wybrugge	4s.	4d.
Roger son of Elias holds 1 foreland which Gerald le Petit held and renders yearly	3s.	6d.
Andrew de la Lake		22d.
The heirs of William son of Guy		10d.
Sum of the rents of the aforesaid forelanders yearly,	37s.	2d.

From Simon Meller for his excess	40d.
From Robert Throstle for the same	6d.
From Thomas Poggill for the same	12d.
From Roger Bollok for the same	12d.
From Geoffrey Edmund for the same	6d.
From Richard Tailliour for the same	2s.
From Alice Smyth for the same	6d.
From John Smart for the same	12d.
From Margaret Everard for the same	12d.
From Alice Gerlond for the same	12d.
From Alice Weper for the same	6d.
From Agnes Heyward for the same	12d.
From John Crawe for the same	6d.
From Christina Bostis for the same	6d.
From Richard Cook for the same	12d.
From Edmund atte Well for the same	6d.
From Walter Bilet for the same	6d.
From Geoffrey Sloman for the same	6d.

First, sold in the month of February to the prior of Canterbury, I butt for	4l.	6s.	8d.
Further, to John Brokley, 2 butts for	8l.	6s.	8d.
Further, to Andrew Tye, 2 butts for	8l.
Further, to John Style, 4 butts for	14l.
Further, to Davy Selly, 3 butts for	12l.
Further, to Richard Tremayne, 2 butts for	8l.
Further, to John Chyppenham, 30 barrels for	16l.
Further, sold in the month of March to Simon Eyre, 101 butts for	305l.
Further, to John Style, 20 butts for[Pg 198]	75l.
Further, to John Style, 10 butts for	40l.
Further, to Davy Selly, 4 butts for	16l.
Further, to Thomas Greye, 3 butts for	11l.	10s.
Further, to John atte Wode, 2 butts for	7l.
Further, to John Bale, 4 butts for	16l.
Further, to Harry Purchase, 3 butts of currant raisins for	29l.
Further, to John Gybbe, 3 butts for	29l.
Further, to Nicholas Wyfold, 3 butts for	31l.
Further, to John Pecok, 1 butt [for]	9l.	10s.
Sum of the said sales	639l.	13s.	4d.

First, bought of Simon Eyre, 200 cloths "westrons" for	305l.
Further, of John Brokley, 40 yards of murrey in grain	18l.
Further, of Henry Kempe, 5 cloths "Northamptons"	40l.
Further, of Philip Malpas, 60 cloths "westrons"	90l.
Further, of John Bale, 60 pieces of Suffolk "streyts" for	38l.
Further, of William Dyllowe, 10 cloths "Northamptons"	60l.
Further, of John Andreu, 8 cloths "Ludlowes"	16l.
Further, of Thomas Grey, 1101 quarters of pewter for	15l.
Further, of William ——, 40 cloths "westrons"	60l.
Further, of John at Wode, 20 cloths "westrons" for	32l.
Further, of John Style, 80 Suffolk "streyts" for	46l.
Sum of the purchases aforesaid [241]	745l.

	The old rent.			The new rent.			And the fine.
First John Coward		24s.		3l.		16d.		33s.	4d.
From Henry Russell		42s.	11½d.	4l.	7s.	3d.	3l.	6s.	8d.
From Elisabeth Postgate, widow		18s.	10d.		41s.	5d.		18s.
From Thomas Robynson		12s.	11½d.		40s.	7d.		33s.	4d.
From John Robynson		10s.	2d.		33s.	4d.		33s.	4d.
From James Browne		16s.	1d.		36s.	10d.		24s.	6d.
From Robert Lyne		16s.	4d.		33s.	10d.		13s.	4d.
From John Nattris		7s.	8d.		15s.			10s.
From Robert Stor		23s.	5d.		50s.	2d.		15s.
From Thomas Coward		14s.	9d.		31s.			2s.	6d.
From Thomas Hodshon		20s.	5d.		50s.	8d.		24s.
From William Walker		7s.	3d.		17s.			5s.
From Henry Tomson		11s.	3½d.
From Henry Coverdaill		15s.			36s.			11s.	8d.
From Nicholas Grame		22s.	6d.		46s.	8d.		3s.
From William Postgate		28s.	7d.	3l.	6s.	8d.		23s.	6d.
From William Brown		13s.	4d.		26s.	8d.		24s.	10d.
From Robert Jefrayson		14s.			30s.			3s.	4d.
From William Bois and Robert Jefrayson		34s.	8d.	3l.	6s.	8d.		13s.	4d.
From Robert Barker		14s.	6d.		30s.			2s.	8d.
From Christofer Jefrayson		10s.	8d.		26s.	8d.		3s.	4d.
From Richard Colson and Isabell Colson, widow		31s.		3l.	2s.
From Robert Sutton and Kateryn Sutton, widow		23s.	4d.		53s.	4d.		36s.	8d.
From Thomas Postgate, younger, and Henry Russell		27s.	6d.	3l.	6s.	8d.		37s.
From Thomas Postgate the elder, Suthwait house		18s.	3d.		46s.	8d.		23s.	4d.
From Robert Huntrodes		50s.	2d.	5l.	16s.	8d.		7s.

From Maryon Huntrodes, widow		50s.	2d.	5l.	16s.	8d.		7s.
	Sum:—			Sum:—			Sum:—
	28l.	19s.	8½d.	64l.	9s.	9d.	23l.	15s.	8d.

Summa Totalis of }		{ In Malt, 2405 qrs.
the people then }		{ In Rye and Mastlin, 100 qrs. 1 strike.
being within the city, }	Summa Totalis	{ In wheat, 47 qrs.
of men, women }	6601 persons.	{ In Oats, 39 qrs. 2 strike.
and children. }		{ In Pease, 18 qrs. 2 strike.

The Project Gutenberg eBook of English Economic History: Select Documents

ENGLISH ECONOMIC HISTORY

SELECT DOCUMENTS

COMPILED AND EDITED BY

A.E. BLAND, B.A., P.A. BROWN, M.A., and R.H. TAWNEY, D.Litt.

INTRODUCTION

CONTENTS

PART I: 1000-1485

SECTION I

Section II

SECTION III

SECTION IV

SECTION V

SECTION VI

SECTION VII

PART II: 1485-1660

SECTION I

SECTION II

SECTION III

ENGLISH
ECONOMIC HISTORY

A.E. BLAND, B.A., P.A. BROWN, M.A.,
and R.H. TAWNEY, D.Litt.

Imprimis we think a weaver is worth to have for the weaving of a cloth of 700	viis.
And for every beer above 700 and under 800	iid.
The spinning of these sorts of warp is worth the pound	iid.
And the spinning of the abb is worth the pound	1d. ob.
Item, one of 800 of white work is worth the weaving	viiis.
And for every beer above 800 and under 900 [287]	iid.ob.
[Pg 342]The spinning of these sorts of warp worth the pound	iid. ob.
The spinning of the Abbe worth the pound	id.ob.
These sorts of broad lists are more worth than the narrow lists by the cloth	xiid.
The hanking is worth	xiid.

For a Master Carpenter	None of these shall take by the
For a Master Free Mason	day from Michaelmas to the
For a Master rough Mason	Anunciation of our lady with
For a Master Bricklayer	meat and drink of wages not
For a Master Plumber	above vd., and without meat and
For a Master Glazier	drink not above xd.
For a Master Carver	And from the Annunciation of
For a Master Joiner	our Lady to Michaelmas not
For a Master Millwright	above vid. with meat and drink,
For a Master Wheelwright	and without meat and drink not
For a Master Plasterer	above xid. by the day.

For a Hellyer or Tiler
For a Shingler	Every one of these to take by the
For a Brickmaker	day from Michaelmas to the Annunciation
For a Limeburner	of our Lady with meat and
For a Lathmaker	drink not above iiid., and without
For a Quarrier	meat and drink not above viid.
For a Pavier or Pitcher
For a Collier	And from the Annunciation of our
For a Bondcaster	Lady to Michaelmas with meat and
For a Thatcher	drink not above iiiid., and without
For a Chandler	meat and drink not above viiid.
For a Tinker
For a Painter

A Shoemaker
A Currier
A Woollen Weaver	The chiefest of these to take by the
A Tucker	year of wages not above xls.
A Fuller
A Shearman
A Clothworker
A Hosier	and every common workman of the the
A Tailor	same occupation to take by the year
A Baker	of wages not above xxvis. viiid.
A Glover
A Girdler
A Spurrier[Pg 350]
A Capper
A Hatter
A Feltmaker
A Bowyer	The chiefest of these to take by the
A Fletcher	year of wages not above xls.
An Arrowhead-maker
A Butcher
A Fishmonger
A Pewterer
A Cutler
A Smith	and every common workman of the
A Sadler	same occupations to take by the year
A Furrier or Skinner	of wages not above xxvis. viiid.
A Parchment-maker
A Cooper
A Earthen Potmaker
A Turner

	A weaver for weaving a cloth of 700	viis.
	And for every beer [290] above 700 and under 800	iid.
700	A spinner for spinning of a pound of these sorts of warp shall have	iid.
	And for a pound of abb spinning	id. ob.
	Item for weaving of a cloth of 800	viiis.
	And for every beer above 800 and under 900	iid. ob.
800	A spinner for spinning of a pound of these sorts of warp shall have	iid. ob.
	And for a pound of abb	id. ob.
	For a weaving of a broad listed white of this making	ixs.
	For the hanking thereof	xiid.
	Item for weaving of a cloth of 900	ixs.
	For every beer above 900 and under 1000	iiid.
900	A spinner for spinning of a pound of these sorts of warp shall have	iid. ob. q.
	For the spinning of a pound of abb of that sort	id. ob. q.
	[Pg 352] And for every pound of abb wrought into a cloth above 54 and not above 60	xiid.
	Item for weaving of a cloth of 1000	xs.
	For every beer above 1000 and under 1100	iiiid.
1000	For every pound of abb above 54 and not above 60	xiid.
	For every pound of abb above 60	xvid.
	A spinner for spinning of a pound of these sorts of warp shall have	iiid. ob.
	And for a pound of abb	iid.
	Item for weaving of a cloth of 1100 being narrow listed with 54li of abb	xiis.
	For every beer above 1100 and not above 1200	vid.
	For every pound of abb above 54 and not above 60	xviiid.
1100	For every pound of abb above 60 pound	xxd.
and	A spinner for spinning a pound of these sorts of warp shall have	iiiid.
1200	And for a pound of abb	iid. ob.
	For weaving of the broad listed whites of the three sorts of cloth next before mentioned	xiiis. vid.
	For the hanking of them	xiid.

James Mervin.
Wa. Longe.
Wm. Eyre.	W. Blacker.
Jo. Ernele.	Edw. Rede.
Jaspar More.	Henry Martyn.
Edward Penrudock.	G. Tooker.
H. Sadler.	Anth. Hungerford.
Jo. Dauntesey.	La. Hyde.
John Hungerford.
Wm. Bayles.
Jo. Warneford.