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+*** START OF THE PROJECT GUTENBERG EBOOK 43211 ***
+
+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.
+
+LONDON
+
+G. BELL AND SONS, LTD.
+
+YORK HOUSE, PORTUGAL STREET, W.C.2
+
+
+
+
+_Seventeenth Impression
+First published October, 1914_
+
+
+_Printed in Great Britain by Jarrold & Sons, Limited, Norwich_
+
+
+
+
+INTRODUCTION
+
+
+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
+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.
+
+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. 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.
+
+[Footnote 1: Messrs. Longman Green & Co.]
+
+ A.E.B.
+ P.A.B.
+ R.H.T.
+
+
+
+
+CONTENTS
+
+
+PART I: 1000-1485
+
+
+SECTION I
+
+THE EARLY ENGLISH MANOR AND BOROUGH
+
+
+ 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
+
+
+ SECTION II
+
+ THE FEUDAL STRUCTURE
+
+
+ 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 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
+
+
+ SECTION III
+
+ THE JEWS
+
+
+ 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
+
+
+ SECTION IV
+
+ THE MANOR
+
+
+ 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 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
+
+
+ SECTION V
+
+ TOWNS AND GILDS
+
+
+ 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 148
+
+
+ SECTION VI
+
+ THE REGULATION OF TRADE, INDUSTRY, AND COMMERCE
+
+
+ 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 200
+
+ 37. Action upon usury, _c._ 1480 201
+
+
+ SECTION VII
+
+ TAXATION, CUSTOMS AND CURRENCY
+
+
+ 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
+
+
+ PART II: 1485-1660
+
+
+ SECTION I
+
+ RURAL CONDITIONS
+
+
+ 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 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
+
+
+ SECTION II
+
+ TOWNS AND GILDS
+
+
+ 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, 1604-5 299
+
+ 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
+
+
+ SECTION III
+
+ THE REGULATION OF INDUSTRY BY THE STATE
+
+
+ 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. 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
+
+
+ SECTION IV
+
+ THE RELIEF OF THE POOR AND THE REGULATION OF PRICES
+
+
+ 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. Judgment in the Star Chamber against an Engrosser of
+ Corn, 1631 391
+
+
+ SECTION V
+
+ THE ENCOURAGEMENT OF INDUSTRY AND COMMERCE
+
+
+ 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. Ordinance establishing an Excise, 1643 475
+
+
+ PART III: 1660-1846
+
+
+ SECTION I
+
+ INDUSTRIAL ORGANISATION AND SOCIAL CONDITIONS
+
+
+ 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
+
+
+ SECTION II
+
+ AGRICULTURE AND ENCLOSURE
+
+
+ 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. General Enclosure Act, 1845 541
+
+
+ SECTION III
+
+ GOVERNMENT REGULATION OF WAGES, CONDITIONS OF EMPLOYMENT,
+ AND PUBLIC HEALTH
+
+
+ 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
+
+ 9 A. 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
+
+
+ SECTION IV
+
+ COMBINATIONS OF WORKMEN
+
+
+ 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. 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
+
+
+ SECTION V
+
+ THE RELIEF OF THE POOR
+
+
+ 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
+
+
+ SECTION VI
+
+ FINANCE AND FOREIGN TRADE
+
+
+ 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
+
+
+
+
+PART I: 1000-1485
+
+
+
+
+SECTION I
+
+THE EARLY ENGLISH MANOR AND BOROUGH
+
+ 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, 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).
+
+
+AUTHORITIES
+
+ 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.
+
+ 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; 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.
+
+_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.
+
+_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 Woodward._--To the woodward belongs every windfall-tree.
+
+_Of the Hayward._--To the hayward it belongs that his toil 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]
+
+[Footnote 2: _See_ Cunningham, _Growth of English Industry and
+Commerce_, i., 570-576.]
+
+[Footnote 3: _cf._ _Dialogus de Scaccario_: "Finally, that nothing might
+be thought lacking, he brought the whole of his far-seeing measures to
+completion by despatching from his side his wisest men in circuit
+throughout the realm. The latter made a careful survey of the whole
+land, in woods and pastures and meadows and arable lands also, which was
+reduced to a common phraseology and compiled into a book, that every man
+might be content with his own right and not encroach with impunity on
+that of another."]
+
+[Footnote 4: The right conferred by his book or charter.]
+
+[Footnote 5: Military service.]
+
+[Footnote 6: Repair of the king's castles or boroughs.]
+
+[Footnote 7: Reading with Leo _fyrdscipe_ for _frithscipe_. For the
+difficult word "_scorp_" cf. Pat. 9 John m. 3. _Rex omnibus scurmannis
+et marinellis et mercatoribus Anglie per mare itinerantibus. Sciatis nos
+misisse Alanum ... et alios fideles nostros scurimannos ... ad omnes
+naves quas invenerint per mare arrestandas._]
+
+[Footnote 8: Guard of the king's person.]
+
+[Footnote 9: Rent or tribute. Gafol is sometimes a tax payable to the
+king, and sometimes a rent or dues payable to the lord.]
+
+[Footnote 10: Payment for pasturing swine.]
+
+[Footnote 11: The lord's house.]
+
+[Footnote 12: This clause appears only in the Latin version.]
+
+[Footnote 13: _i.e._, Acquit his lord's inland or demesne.]
+
+[Footnote 14: February 2.]
+
+[Footnote 15: September 29.]
+
+[Footnote 16: November 11.]
+
+[Footnote 17: Pasture-land.]
+
+[Footnote 18: _i.e._, He must plough 3 acres as his rent (gafol).]
+
+[Footnote 19: Outfit.]
+
+[Footnote 20: Reaping at the lord's command.]
+
+[Footnote 21: If he have good land, good, that is, either in quality or
+quantity or both.]
+
+[Footnote 22: The lord's herd.]
+
+[Footnote 23: An acre for ploughing.]
+
+[Footnote 24: A sheaf from each acre in harvest.]
+
+[Footnote 25: A free but landless retainer.]
+
+[Footnote 26: The reeve (gerefa).]
+
+[Footnote 27: The first milk of a milch-cow after calving.]
+
+[Footnote 28: The residue after the last pressing of the cheese.]
+
+
+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 Edward; and when King William granted it; and as it
+is now; and if more can be had therefrom than is had.
+
+[Footnote 29: A feast on the completion of the hayrick.]
+
+[Footnote 30: Probably a feast at the completion of corn-stacking.]
+
+[Footnote 31: The best printed text is in Liebermann, _Die Gesetze der
+Angelsachsen,_ I. 444.]
+
+
+3. THE BOROUGH OF DOVER [_Domesday Book, I, 1_], 1086.
+
+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.
+
+All these customs were there when King William came to 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.
+
+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.
+
+[Footnote 32: There was clearly a difference of opinion.]
+
+[Footnote 33: Rights and profits of jurisdiction.]
+
+[Footnote 34: September 29.]
+
+[Footnote 35: November 30.]
+
+[Footnote 36: _cf_. Fleta ii. 12: "_Viginti denarii faciunt unciam_."]
+
+
+4. THE BOROUGH OF NORWICH [_Domesday Book, II_, 116], 1086.
+
+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 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.
+
+In this borough if the bishop wishes he can have one moneyer....
+
+_Land of the Burgesses._--In the hundred of Humbleyard 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.
+
+[Footnote 37: _i.e._, Rights of jurisdiction.]
+
+[Footnote 38: _i.e._, Feudal lordship.]
+
+
+5. THE BOROUGH OF WALLINGFORD [_Domesday Book, I_, 56], 1086.
+
+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 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.
+
+The underwritten thegns of Oxfordshire had land in Wallingford.
+
+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.
+
+Earl Hugh, one house in Pyrton rendering 3s.
+
+Walter Giffard, 3 houses in Caversham rendering 2s.
+
+Roger de Olgi, 2 houses in Watlington rendering 2s. and one house in
+Perie rendering 2s.
+
+Ilbert de Lacy and Roger son of Seifrid and Orgar, 3 houses rendering
+4s.
+
+Hugh de Bolebec 3 houses in Crem rendering 3s.
+
+Hugh Grando de Scoca, one house rendering 12d.
+
+Drogo, in Shirburne and in Weston, 3 houses rendering 4s.
+
+Robert Armenteres, in Ewelme, one house rendering 12d.
+
+Wazo, one house in Ewelme rendering 3s.
+
+[Footnote 39: _i.e._, Houses.]
+
+[Footnote 40: Or, "is valued in."]
+
+
+6. CUSTOMS OF BERKSHIRE [_Domesday Book, I_, 56], 1086.
+
+When geld was given in the time of King Edward in common throughout the
+whole of Berkshire, a hide gave 3-1/2d. 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.
+
+
+7. LAND OF THE CHURCH OF WORCESTER [_Domesday Book, I_, 172_b_], 1086.
+
+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 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.
+
+
+8. THE MANOR OF ROCKLAND, CO. NORFOLK [_Domesday Book, II_, 164, 164
+_b_], 1086.
+
+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.
+
+[Footnote 41: Cotters.]
+
+[Footnote 42: Horses.]
+
+
+9. THE MANOR OF HALESOWEN, CO. WORCESTER [_Domesday Book, I_, 176],
+1086.
+
+Earl Roger holds of the King one manor, Halesowen. There are 10 hides
+there. On the demesne there are 4 ploughs and 36 villeins and 18
+bordiers, 4 "radmans" and a church with 2 priests. Among them all they
+have 41-1/2 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.
+
+
+10. THE MANOR OF HAVERING, CO. ESSEX [_Domesday Book, II_, 2 _b_], 1086.
+
+_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.
+
+[Footnote 43: _i.e._, Fine.]
+
+
+
+
+Section II
+
+THE FEUDAL STRUCTURE
+
+ 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 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 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 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.
+
+
+AUTHORITIES
+
+ 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).
+
+[Footnote 44: Besides these ten, the palatinate county of Chester had
+its own escheator, and the Mayor of London exercised the office in
+London. Minor escheatries were carved out from time to time.]
+
+[Footnote 45: Unfree tenure is illustrated below in section III., The
+Manor.]
+
+[Footnote 46: A new edition is in course of preparation.]
+
+
+1. FRANKALMOIN [_Ancient Deeds_, B. 4249]. _temp._ Henry II.
+
+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 1/2 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 God
+and the church of St. Michael and the nuns serving God there, in free
+and pure and perpetual alms 1/2d. 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
+1/2d. 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.
+
+[Footnote 47: August 1.]
+
+
+2. KNIGHT SERVICE [_Inquisitions post mortem, Edward II,_ 2, 19], 1308.
+
+_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 1/2 virgate of
+land 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]
+
+[Footnote 48: And eleven others named.]
+
+[Footnote 49: June 24.]
+
+[Footnote 50: A quarter of a virgate.]
+
+[Footnote 51: A second inquisition is appended.]
+
+
+3. GRAND SERJEANTY [_Inquisitions ad quod damnum_, 135, 10], 1319.
+
+_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.[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.
+
+[Footnote 52: And eleven others named.]
+
+[Footnote 53: Here a toll of ships' ladings.]
+
+[Footnote 54: The service of grand serjeanty was usually more onerous.]
+
+
+4. PETTY SERJEANTY [_Fine Roll, 3 Edward III, m. 5_], 1329.
+
+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,
+
+ 26 September. By writ of privy seal.
+
+
+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 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]
+
+[Footnote 55: Earl of Cornwall, the king's brother.]
+
+[Footnote 56: For the uncertainty prevailing as to the burdens of this
+tenure in the thirteenth century, _cf._ Bracton, _f._ 35_b_. "Since such
+services are not done for the king's army or the defence of the country,
+no marriage or wardship is due therefrom to the chief lord, any more
+than from socage." But the gloss of this dictum quotes an instance of a
+justice upholding the claim of a chief lord to the wardship and marriage
+of the heir of a tenant by petty serjeanty.]
+
+
+6. FREE SOCAGE [_Fine Roll, 16 Edward III, m. 15_], 1342.
+
+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 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.
+
+[Footnote 57: And eleven others named.]
+
+[Footnote 58: The coroners.]
+
+
+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 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.
+
+[Footnote 59: November 2.]
+
+[Footnote 60: And twelve others named.]
+
+[Footnote 61: _i.e._, for the money-payments specified above.]
+
+
+9. SUBINFEUDATION [_Rotuli Hundredorum, II_, 350], 1278
+
+_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.
+
+Again, the same abbot holds of Hugh de Dunster 2-1/2 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]
+
+[Footnote 62: _i.e._, service due to the King, a permanent burden upon
+the land. _See_ Bracton, _f._ 36. "Item sunt quedam servitia que
+dicuntur forinseca ... quia pertinent ad dominum regem ... et ideo
+forinsecum did potest quia fit et capitur foris sive extra servitium
+quod fit domino capitali."]
+
+[Footnote 63: The process of subinfeudation was brought to an end by the
+Statute of _Quia Emptores_, 1290. "Our lord the king ... has ... enacted
+that henceforth it be lawful for any freeman to sell his land or
+tenement or any part thereof at his pleasure, so always that he who is
+enfeoffed thereof hold that land or tenement of the same chief lord, and
+by the same services and customs, whereby the enfeoffor formerly held
+them."]
+
+
+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 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.
+
+[Footnote 64: i.e., the King's brother. The enrolling clerk confuses the
+first person of the original writ with the third person of the enrolment
+formula.]
+
+
+13. WARDSHIP AND MARRIAGE [_Pipe Roll, 26 Henry II, Rot. 5, m. 2d._],
+1179-80.
+
+Otto de Tilli renders account of 400l. to have the wardship of the
+land of his grandson; and let his daughter be given [in 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.
+
+
+14. GRANT OF AN HEIR'S MARRIAGE [_Fine Roll, 13 Edward II, m. 3_], 1320.
+
+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.
+
+[Footnote 65: _i.e.,_ The heir is not to be married below his rank. _cf.
+Magna Carta, 6._ "Heirs shall be married without disparagement, so that
+before a marriage be contracted, the near kindred of the heir shall be
+informed thereof."]
+
+
+15. WARDSHIP [_Fine Roll, 11 Edward III, m. 18_], 1337.
+
+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.
+
+By letter of the secret seal.
+
+
+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 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 whomsoever. 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]
+
+[Footnote 66: _Fine Roll, 8 Edward II., m._ 19.]
+
+[Footnote 67: _Scutage Roll, 8-11 Edward II., mm._ 2. l.]
+
+[Footnote 68: Scutage was imposed on all tenants of knights' fees, but
+might be reclaimed by the lord if he did the service due.]
+
+
+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.
+
+
+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.
+
+
+20. A WRIT _Precipe_ [_Chancery Files_], _c._ 1200.
+
+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 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.
+
+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 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
+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]
+
+[Footnote 69: Geoffrey Fitz Peter, justiciar of England, 1198-1213.]
+
+[Footnote 70: It was to writs of this nature that the barons objected.
+_Cf. Magna Carta_, 34. "The writ called _Precipe_ shall not hereafter be
+issued to any one touching any tenement, whereby a freeman may lose his
+court." It illustrates the method by which the King stole from the
+barons the administration of justice.]
+
+[Footnote 71: Printed in Foedera, I., ii., 517.]
+
+[Footnote 72: The recovery of goods equivalent in value to goods
+wrongfully seized by way of distraint.]
+
+[Footnote 73: For a curious instance of this liberty, _see_ No. 22.]
+
+[Footnote 74: Encroachments.]
+
+[Footnote 75: A criminal who turns King's evidence.]
+
+[Footnote 76: To bring an action for treason or felony.]
+
+[Footnote 77: Surety or pledge.]
+
+[Footnote 78: Surveyed.]
+
+[Footnote 79: The results of this enquiry were embodied in the Hundred
+Rolls and served as a basis for the _Placita de quo warranto_; these
+records are as important for the thirteenth century as is Domesday Book
+for the eleventh.]
+
+
+22. WRECK OF SEA [_Fine Roll, 10 Edward III, m._ 1], 1337.
+
+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 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.
+
+
+
+
+SECTION III
+
+THE JEWS
+
+ 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.
+
+
+AUTHORITIES
+
+ 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_.
+
+
+1. CHARTER OF LIBERTIES TO THE JEWS[80] [_Charter Roll, 2 John, m._ 5.],
+1201.
+
+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 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.
+
+[Footnote 80: Printed in Selden Society Publications, Vol. 15, p. 1.]
+
+
+2. ORDINANCES OF 1253[81] [_Close Roll, 37 Henry III, m._ 18].
+
+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 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.
+
+By the King and Council.
+
+[Footnote 81: Printed in Selden Society Publications, Vol. 15, p.
+xlviii.]
+
+[Footnote 82: See below, No. 6.]
+
+
+3. EXPULSION OF A JEW[83] [_Jews' Plea Rolls, 6, m. 8_], 1253.
+
+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
+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.
+
+[Footnote 83: Printed in Selden Society Publications, Vol. 15, p. 29.]
+
+
+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.
+
+[Footnote 84: Printed in Selden Society Publications, Vol. 15, p. 61.]
+
+
+5. GRANT OF A JEW[85] [_Jews' Plea Rolls, 6, m. 10_], 1271.
+
+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 whereof, etc. Witness
+myself at Westminster on the---- day of January in the 55th year of our
+reign.
+
+[Footnote 85: Printed in Selden Society Publications, Vol. 15, p. 62.]
+
+
+6. ORDINANCES OF 1271[86] [_Patent Roll, 55 Henry III, m._
+10d.].
+
+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 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 to be straitly kept and observed.
+In witness whereof, etc. Witness the King at Westminster, July 25.
+
+In the same manner order is made to the several sheriffs throughout
+England.
+
+[Footnote 86: Printed in Selden Society Publications, Vol. 15, p. 1.]
+
+[Footnote 87: _i.e._, Acquire.]
+
+[Footnote 88: Indented bonds.]
+
+
+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.
+
+[Footnote 89: Printed in Selden Society Publications, Vol. 15, p. 85.]
+
+
+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 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.
+
+[Footnote 90: Printed in Selden Society Publications, Vol. 15, p. xl.]
+
+
+
+
+SECTION IV
+
+THE MANOR
+
+ 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 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
+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.
+
+
+AUTHORITIES
+
+ 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, _Epistoloe_ (Rolls
+ Series); Walter of Henley, _Husbandry_ (Lamond); _Piers Plowman_;
+ Chaucer, _Canterbury Tales_.
+
+
+1. EXTENT OF THE MANOR OF HAVERING [_Rentals and Surveys, Roll_ 189],
+1306-7.
+
+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 223-1/2 acres
+of arable land, whereof the acre is worth 6d. a year.
+
+Sum, 111s. 9d.
+
+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.
+
+Further, 15 acres of meadow, whereof each is worth 16d. a year.
+
+Sum, 20s.
+
+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, 23 acres of several pasture, whereof each is worth 14-1/4d. a
+year.
+
+Sum, 27s. 3-3/4d.
+
+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 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.
+
+Names of the tenants holding virgate lands, and rents of the same
+virgates and customs which pertain to them.
+
+[Sidenote: 3-1/2 virgates.]
+
+John de Walda holds 3-1/2 virgates with their homages appurtenant and
+renders 76s. a year at the two terms, without customs.
+
+Sum, 76s.
+
+[Sidenote: Virgate.]
+
+Maurice Algar holds 1\2 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.
+
+[Sidenote: Virgate].
+
+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.
+
+[Sidenote: Virgate.]
+
+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.
+
+ * * * * *
+
+[Sidenote: Virgate.]
+
+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.
+
+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.
+
+[Sidenote: Half a Virgate.]
+
+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.
+
+Sum total of rent of 39 virgates a year: 46l. 9s. 5-1/2d.
+
+[Sidenote: Virgate.]
+
+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. 5-1/2d.
+
+Further, from works of the aforesaid 40 virgates 14l. yearly.
+
+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 1/2d. 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, 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 1/2d. Further it ought to thresh and winnow 1-1/2
+quarters of oats, and the threshing and winnowing is worth 1-1/2d.
+Further it ought to reap, bind and cock 4 acres of oats, and that custom
+is worth 2-1/2d. 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 3-1/2d. 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.
+
+Names of the tenants of the forelands and rents of the same
+forelanders--
+
+[Sidenote: Foreland.]
+
+ 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.
+
+[Sidenote: Sum.]
+
+Names of the tenants assigned to serve the King's table.
+
+[Sidenote: Of the Table of the King.]
+
+Simon Weyland holds the swineherd's land, and renders 1/2 mark a year,
+because there are no swine.
+
+[Sidenote: Virgate.]
+
+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.
+
+Reckoned as a virgate for the works of the paling.
+
+Sum of rents of the aforesaid lands of the King's table, 47s. 8d.
+
+[Sidenote: King's Messenger.]
+
+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 1-1/2d. 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.
+
+[Sidenote: Cotters.]
+
+[Sidenote: Virgate.]
+
+Geoffrey Scurel holds one cotland and renders yearly 5s. and for works
+49d.
+
+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.
+
+Richard del Ho holds one cotland and renders yearly 3s. 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.
+
+Reckoned as a virgate for the works of the paling.
+
+[Sidenote: Sums.]
+
+Sum of rents of assize of the aforesaid cotters yearly, 31s.
+
+Sum of the same works yearly, 28s. 7d.
+
+Sum of both, that is, rents of assize and the same works yearly, 59s.
+7d.
+
+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]
+
+ * * * * *
+
+[Sidenote: Sum.]
+
+Sum, 102s. 11-1/2d.
+
+Richard Segar holds two dayworks with a house of the same [_i.e._ of new
+purpresture] and renders yearly 8d.
+
+The same holds 1-1/2 acres of old purpresture and renders yearly
+6d.[103]
+
+ * * * * *
+
+[Sidenote: Sum.]
+
+Sum, 10l. 1s. 6d.
+
+Edmund Prest holds 5 acres and renders yearly 10d.[104]
+
+ * * * * *
+
+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.
+
+[Sidenote: Sum.]
+
+Sum, 117s. 7d.
+
+Sum total of all lands occupied over the King, 21l. 2s. 0-1/2d.
+
+[Sidenote: Subtenants.]
+
+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]
+
+ * * * * *
+
+[Sidenote: Sum.]
+
+Sum of the rents of the aforesaid sub-tenants without ploughing, 4l.
+6s.
+
+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 the pleas of court can be worth 40s. a year.
+
+Further, they say that heriots and reliefs and other perquisites can be
+worth in common years 53s. 4d.
+
+Further, they say that view of frankpledge can be worth in common years
+6s. 8d.
+
+[Sidenote: Sum.]
+
+Sum total of all sums of the same manor, 112l. 10s. 11-3/4d., except
+free tenants and the ploughing of sub-tenants and customary carts.
+
+[Footnote 91: And 28 others named.]
+
+[Footnote 92: _cf. above, Rectitudines, p. 5, under Geneat's Service_,
+"he must ... cut the deer-hedge and maintain it."]
+
+[Footnote 93: Produce or profits.]
+
+[Footnote 94: November 11.]
+
+[Footnote 95: Food for swine.]
+
+[Footnote 96: Thirty-one virgates follow in like detail.]
+
+[Footnote 97: Strips.]
+
+[Footnote 98: September 29.]
+
+[Footnote 99: November 11.]
+
+[Footnote 100: In feudal law seisin _or_ possession is conceived of as
+concrete rather than abstract. Any encroachment on the waste, therefore,
+is regarded as the imposition of a new seisin upon the old seisin, as an
+occupation over the lord, who in this case is the King.]
+
+[Footnote 101: Encroachment.]
+
+[Footnote 102: A hundred more similar entries follow.]
+
+[Footnote 103: A hundred and two more similar entries follow.]
+
+[Footnote 104: Thirty-nine more similar entries follow.]
+
+[Footnote 105: 174 names follow.]
+
+
+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]
+
+[Sidenote: [m.20.]]
+
+[Sidenote: Damages.]
+
+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 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.
+
+[Sidenote: Mercy, 2d.]
+
+ * * * * *
+
+[Sidenote: Entry, 2s.]
+
+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.
+
+[Sidenote: Entry, 2s.]
+
+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.
+
+[Sidenote: Entry, 3s.]
+
+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.
+
+[Sidenote: Entry, 5s.]
+
+Jordan de Stanbury, who held a messuage and 1/2 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 1/2 bovate of bondage land
+there, is dead. And Alice, his daughter and heir, is of the age of half
+a year.
+
+[Sidenote: Fine, 2s.]
+
+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.
+
+[Sidenote: Entry, 2s.]
+
+Adam Dykson came here into Court and took a messuage and 1/2 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.
+
+[Sidenote: Entry, 5s.]
+
+Roger Dikson, who held half a messuage and 1/2 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.
+
+[Sidenote: Fine, 2s.]
+
+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.
+
+[Sidenote: Fealties. Respite of acknowledgement of services.]
+
+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 she gives to the lord 18d. of fine to have such estate, etc.
+
+[Sidenote: Fine, 12d. (_sic_.)]
+
+[Sidenote: Entry, 8s.]
+
+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.
+
+[Sidenote: Entry, 10s.]
+
+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.
+
+[Sidenote: Entry, 10s.]
+
+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.
+
+[Sidenote: Fine, 2s.]
+
+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.
+
+[Sidenote: Fine respited.]
+
+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
+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.
+
+[Sidenote: Distraint.]
+
+[Sidenote: Tenements to be seized.]
+
+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.
+
+[Sidenote: Respite.]
+
+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.
+
+[Sidenote: Fine, 10s.]
+
+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 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.
+
+[Sidenote: Inquisition of office.]
+
+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.
+
+[Sidenote: Mercy, 10d.]
+
+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.
+
+[Sidenote: Mercy, 12d.]
+
+Further, that Alice Geldoghter and Adam Notebroun are bakers and sell
+bad bread contrary to the assize. Therefore they are [in mercy].
+
+ * * * * *
+
+Sum of this tourn, with waifs and strays, 24s. 1d.
+
+ * * * * *
+
+Court of Bradford holden on Thursday next before the feast of St.
+Gregory the Pope, 24 Edward III.
+
+ * * * * *
+
+[Sidenote: Acknowledgment of service.]
+
+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.
+
+ * * * * *
+
+[Sidenote: Fine, 1/2 mark.]
+
+William Iveson came into Court and made fine with the lord by 1/2 mark
+for licence to exercise the trades of tanner and shoemaker until
+Michaelmas next. Pledge, William son of Hugh the Bailiff.
+
+ * * * * *
+
+[Sidenote: [m. 31.]]
+
+Court holden at Bradford the day and year aforesaid.[108]
+
+[Sidenote: Leyrwite.]
+
+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.
+
+[Sidenote: [m. 32.]]
+
+Court holden at Bradford on Friday next before the feast of the Nativity
+of St. John the Baptist, 28 Edward III.[110]
+
+[Sidenote: Fine, 20s.]
+
+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.
+
+[Sidenote: Merchet].
+
+Roger son of Roger de Manynghame has made fine of 1/2 mark for the
+merchet of Cecily his wife, the lord's bondwoman; pledge, Thomas de
+Manynghame.
+
+[Sidenote: Merchet.]
+
+Thomas Gabriell has made fine of 1/2 mark in like manner for the
+merchet[113] of Maud his wife, the lord's bondwoman; pledge, Thomas de
+Tiresale.
+
+[Sidenote: Fine, 6d.]
+
+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.
+
+[Sidenote: Chevage.]
+
+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.
+
+[Sidenote: Distrain.]
+
+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.
+
+[Sidenote: Distrain.]
+
+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.
+
+[Sidenote: Inquest.]
+
+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.
+
+[Sidenote: Arrest.]
+
+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.
+
+[Sidenote: [m. 45 d.]]
+
+Court holden at Bradford on Wednesday, 12 December, 32 Edward III
+[1358].
+
+[Sidenote: Day given under a penalty.]
+
+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.
+
+[Sidenote: Arrest bondmen.]
+
+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].
+
+ * * * * *
+
+[Sidenote: [m. 46.]]
+
+[Sidenote: Mercy, 4d.]
+
+[Sidenote: Without a day.]
+
+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.
+
+[Sidenote: Mercy, 2s.]
+
+It is presented by the parker that William Walker (6d.) with 11 beasts,
+Roger de Manyngham (4d.) 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.
+
+[Sidenote: Mercy, 12d.]
+
+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.
+
+[Sidenote: Mercy, 10d.]
+
+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.
+
+[Sidenote: Fine, 26s. 8d.]
+
+[Sidenote: Chevage, 2s.]
+
+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 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.
+
+[Sidenote: Fine, 20s.]
+
+[Sidenote: Chevage, 12d.]
+
+[Sidenote: Take bondmen.]
+
+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.
+
+[Footnote 106: December 12, 1349, the year of the Black Death. The
+monotonous death roll is noteworthy.]
+
+[Footnote 107: _Sc._ the inheritance cannot descend.]
+
+[Footnote 108: Monday before May 1, 1354.]
+
+[Footnote 109: Fine on giving birth to an illegitimate child.]
+
+[Footnote 110: Friday before June 24, 1354.]
+
+[Footnote 111: _i.e._ Became sureties.]
+
+[Footnote 112: _i.e._ Sureties.]
+
+[Footnote 113: _i.e._ Fine upon marriage.]
+
+[Footnote 114: _i.e._, head-money, a fine paid yearly by bond-tenants
+dwelling away from the manor.]
+
+[Footnote 115: _Interlined above_ Cecily _is_ Roger Judson.]
+
+[Footnote 116: Anabel has persistently refused to rebuild the house
+during the last six years; she discharges her obligation two years later
+[m.50].]
+
+[Footnote 117: _i.e._ In order to retain his own possessions during the
+steward's good pleasure. In law a bondman's goods belong to his lord.]
+
+[Footnote 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."]
+
+
+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 Crowchemesseday [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 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 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]
+
+[Footnote 119: _i.e._ Thrown open for grazing.]
+
+[Footnote 120: This document is defective, and at the best its bucolic
+English is hard to interpret.]
+
+
+5. LEASE OF A MANOR TO THE TENANTS [_Cart. Rams._ II, 244], 1279.
+
+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.
+
+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.
+
+For we will that such gersums beyond the fixed farm be entirely paid to
+us.
+
+Moreover the said farmers have received the following stock:--
+
+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.
+
+They have received also the oat barn full of oats by the east door post.
+
+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 5-1/2 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.
+
+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.
+
+Also they shall give back the land well ploughed twice.
+
+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]
+
+[Footnote 121: November 30.]
+
+[Footnote 122: March 25.]
+
+[Footnote 123: In law every man was forced to be in frankpledge, that
+is, to be one of a group, each member of which was responsible for the
+others' good behaviour. The 'view' was a half yearly survey of such
+groups, at which offences were presented and punished.]
+
+[Footnote 124: Fine.]
+
+[Footnote 125: _i.e._ Free from the inspection and audit of the lord's
+officer.]
+
+[Footnote 126: This document is of great interest as an instance of an
+early stock-and-land lease.]
+
+
+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
+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.
+
+[Footnote 127: The date of the original deed must be earlier than 1272,
+in which year the earl died.]
+
+
+7. LEASE OF MANORIAL HOLDINGS [_Fine Roll, 10 Edward III, m. 7_], 1332.
+
+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:
+
+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 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.
+
+By the King himself.
+
+
+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]
+
+[Footnote 128: November 20.]
+
+[Footnote 129: June 24.]
+
+[Footnote 130: _i.e._ The lord providing dinner.]
+
+[Footnote 131: The lord here is the Abbot of Bury St. Edmunds.]
+
+
+9. COMPLAINTS AGAINST A REEVE [_Court Rolls_, 179, 4, _m._ 1d.],
+1278.[132]
+
+_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 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.
+
+[Footnote 132: Printed in Selden Society Publications, II., 95.]
+
+[Footnote 133: November 23.]
+
+[Footnote 134: November 1.]
+
+[Footnote 135: The commutation of services for rent was not always
+popular.]
+
+
+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 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 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]
+
+[Footnote 136: This case illustrates first, the protection coming to be
+given by Chancery to villein or customary tenure, and second, the
+growing desire of lords to substitute leasehold for copyhold, a process
+which began at least as early as the beginning of the fourteenth
+century; see No. 7 above, and Part II., Section I.; _cf._ also Savine,
+in E.H.R. xvii., 296.]
+
+
+11. STATUTE OF MERTON, C. 4 [_Statutes of the Realm, Vol. I, p. 2_],
+1235-6.
+
+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 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.
+
+
+12. AN ENCLOSURE ALLOWED [_Bracton's Note-Book_, III, 212, _No._ 1198],
+1236-7.
+
+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 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.
+
+[Footnote 137: _sc._ The King's last return from Brittany.]
+
+[Footnote 138: Bring into cultivation.]
+
+
+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.
+
+[Footnote 139: _sc._ The king's last return from Brittany.]
+
+
+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 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 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.
+
+[Footnote 140: 1174-1188.]
+
+[Footnote 141: For a similar lease to tenants see No. 5.]
+
+
+16. THE LITTLE WRIT OF RIGHT [_Court Rolls_, 172, 27], 1390.
+
+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.
+
+
+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.
+
+[Footnote 142: _i.e._ Bartholomew providing dinner.]
+
+
+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 2-1/2 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.
+
+[Footnote 143: _sc_. The King's last return from Brittany.]
+
+
+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 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 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.
+
+
+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 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]
+
+[Footnote 144: _i.e._ And after the king's last return from Brittany.]
+
+[Footnote 145: 2d. in the text.]
+
+[Footnote 146: On this case Bracton's comment runs: "Note the exception
+opposed that the complainant was a villein because he did villein
+services and customs, but fixed, and knew well what and how much.
+Answer, that though he did villein customs, he was free as to his body.
+And he did fixed customs and services, a thing which a villein holding
+villeinage cannot do."]
+
+
+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]
+
+[Footnote 147: On this case Bracton's comment runs: "Note that a
+villein's son recovered by assize of novel disseisin land which his
+father held in villeinage, because the villein's lord gave it to the son
+by charter, even without manumission."]
+
+
+23. THE MANUMISSION OF A VILLEIN [_Ancient Deeds_, A 10279], 1334.
+
+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 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.
+
+[Footnote 148: Monday after February 2.]
+
+
+24. GRANT OF A BONDMAN [_Duchy of Lancaster, Misc. Bks., 8, f._ 81 d.],
+1358.
+
+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 servants, 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 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.
+
+By the King himself and of the date aforesaid by authority of
+Parliament.
+
+
+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 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.
+
+ Pledges to prosecute {William Poleyn.
+ {John Grene.
+
+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.
+
+This is the replication of John Bishop unto the answer of John Wayte.
+
+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 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.
+
+ * * * * *
+
+_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, 4-1/2d.; 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 William Crowle and Simon de Herst for 36
+acres 3 roods of land, as above, 18s. 4-1/2d.; 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. 8-1/4d.;
+further, in defect of rent of Walter Mody for 18 acres of land, as
+above, 9s.
+
+Sum of the ancient defect, 15s. 4d.
+
+New defect through the pestilence this second year.
+
+Sum:--119s. 3-1/4d. Whereof 103s. 11-1/4d. is of new defect by reason of
+the pestilence.
+
+ * * * * *
+
+
+29. THE PEASANTS' REVOLT [_Assize Roll, 103, mm. 10 & 10d._], 1381.
+
+ 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 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 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 42-1/2d., 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 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 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 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.
+
+[Footnote 149: July 20.]
+
+[Footnote 150: And eleven others.]
+
+[Footnote 151: _i.e._ The justices assigned.]
+
+
+
+
+SECTION V
+
+TOWNS AND GILDS
+
+ 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 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 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.
+
+
+AUTHORITIES
+
+ 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).
+
+
+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.
+
+And they are quit.
+
+The corvesers of Oxford render account of 15s. for an ounce of gold for
+their gild. They have delivered it into the treasury.
+
+And they are quit.
+
+The weavers of Huntingdon render account of 40s. for their gild. They
+have delivered it into the treasury.
+
+And they are quit.
+
+The weavers of Lincoln render account of 6l. for their gild. They have
+delivered it into the treasury.
+
+And they are quit.
+
+The weavers of York render account of 10l. for their gild. They have
+delivered it into the treasury.
+
+And they are quit.
+
+The same sheriff [of York] renders account of 2 marks from the gild of
+glovers and curriers. In the treasury is 1 mark.
+
+And they owe 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.
+
+And it owes 10s.
+
+The same sheriff renders account ... of 1 mark from the gild of hosiers
+by way of mercy ...
+
+And he is quit.
+
+The citizens of Exeter render account of 40l. for the fine of a plea
+touching gilds. In the treasury are 20l.
+
+And they owe 20l.
+
+The same sheriff [of Devon] renders account ... of 1 mark from the
+borough of Barnstaple for a gild without warrant....
+
+And he is quit.
+
+The burgesses of Bodmin render account of 100s. for their false
+statement and for their gild without warrant. In the treasury are 50s.
+
+And they owe 50s.
+
+The same sheriff [of Cornwall] renders account ... of 3 marks from the
+burgesses of Launceston for their gild without warrant....
+
+And he is quit.
+
+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.
+
+And it owes 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....
+
+And he is quit.
+
+The same sheriff renders account ... of 20s. from Axbridge for a gild
+without warrant. And of 1/2 mark from Langport for the same.... And he
+is quit.
+
+The burgesses of Ilchester [render account of] 20s. for a gild without
+warrant.
+
+The weavers of Winchester render account of 2 marks of gold for their
+gild. In the treasury are 12l. for 2 marks of gold.
+
+And they are quit.
+
+The fullers of Winchester render account of 6l. for their gild. They
+have delivered it into the treasury.
+
+And they are quit.
+
+The weavers of Nottingham render account of 40s. for their gild. They
+have delivered it into the treasury.
+
+And they are quit.
+
+The weavers of London render account of 12l. for their gild. They have
+delivered it into the treasury.
+
+And they are quit.
+
+Amercements of Adulterine Gilds in the City of London.
+
+The gild whereof Goscelin is alderman owes 30 marks.
+
+The gild of pepperers whereof Edward is alderman owes 16 marks.
+
+The gild of St. Lazarus whereof Ralph le Barre is alderman owes 25
+marks.
+
+The gild of goldsmiths whereof Ralph Flael is alderman owes 45 marks.
+
+The gild of Bridge whereof Ailwin Finke is alderman owes 15 marks.
+
+The gild of Bridge whereof Robert de Bosco is alderman owes 10 marks.
+
+The gild of Haliwell whereof Henry son of Godric is alderman owes 20s.
+
+The gild of Bridge whereof Walter the Cooper is alderman owes 1 mark.
+
+The gild of strangers (_pelegrinorum_) whereof Warner le Turnur is
+alderman owes 40s.
+
+The gild of butchers whereof William Lafeite is alderman owes 1 mark.
+
+The gild of clothworkers whereof John Maurus is alderman owes 1 mark.
+
+The gild whereof Odo the Watchman is alderman owes 1 mark.
+
+The gild of Bridge whereof Thomas the Cook is alderman owes 1 mark.
+
+The gild whereof Robert Rochefolet is alderman owes 1 mark.
+
+The gild whereof Hugh Leo is alderman owes 1/2 mark.
+
+The gild whereof William de Haverhill is alderman owes 10 marks.
+
+The gild whereof Thedric Feltrarius is alderman owes 2 marks.
+
+The gild of Bridge whereof Peter son of Alan was alderman owes 15 marks.
+
+The gild whereof John the White is alderman owes 1 mark.
+
+
+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.
+
+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 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.
+
+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]
+
+[Footnote 152: _temp._ William I.--Stephen. Note that the privileges
+here confirmed date from the first century after the Conquest.]
+
+[Footnote 153: August 1.]
+
+[Footnote 154: November 1.]
+
+[Footnote 155: _i.e._. Sureties.]
+
+[Footnote 156: Constables.]
+
+[Footnote 157: Extracted from the charter of confirmation of Edward
+III.]
+
+
+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
+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 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.
+
+[Footnote 158: Plead _or_ bring evidence.]
+
+[Footnote 159: A toll on the load exacted at fairs and markets, and on
+the lading of a ship.]
+
+[Footnote 160: Bridge toll.]
+
+[Footnote 161: Tolls for the erection of stalls or booths.]
+
+[Footnote 162: A compulsory annual customary gift.]
+
+[Footnote 163: Compulsory purchase of ale.]
+
+[Footnote 164: Charter Roll, 1 John, m. 2.]
+
+
+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 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]
+
+[Footnote 165: 1 John (1200). _Rot. Cart. p._ 53.]
+
+[Footnote 166: 1 John (1200). _Rot. Cart., pp._ 5, 56.]
+
+[Footnote 167: See note to No. 8.]
+
+
+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.
+
+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]
+
+[Footnote 168: Genista tinctoria (dyer's greenweed); "_genetein_" in
+MS.]
+
+[Footnote 169: _i.e._ Trial by battle.]
+
+[Footnote 170: _i.e._ Trial by jury.]
+
+[Footnote 171: The case was again adjourned and the judgment has not
+been found.]
+
+
+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 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].
+
+[Footnote 172: Oxford was also affiliated to London by charter of 13
+Henry III. [Charter Roll, 13 Henry III., p. 1, m. 12.]]
+
+[Footnote 173: _i.e._ General rights of jurisdiction.]
+
+
+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.
+
+
+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].
+
+[Footnote 174: The legal rule evolved in the thirteenth century for
+cases where the crown granted to one town freedom from toll, and to
+another town the right to exact toll, was that priority of grant
+prevailed; _cf._ Bracton _f._ 56_b_. By grants of incompatible charters
+the crown obtained fees from two sets of petitioners, and also costs
+from the subsequent litigation.]
+
+
+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
+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.
+
+Sotheworth.
+
+[_Endorsed._] The answer of John Kerde withinwritten.
+
+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.
+
+[Footnote 175: Charter Roll, 2 Henry V., p. 2, No. 11. The clause
+"_licet_" is a provision for the preservation of liberties in spite of
+non-user.]
+
+[Footnote 176: _i.e._ Tolls for the repair of streets, bridges, and
+walls.]
+
+[Footnote 177: _i.e._ A toll on cargoes and on wares entering a market
+or fair.]
+
+
+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 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]
+
+[Footnote 178: In the thirteenth century aliens were commonly burgesses
+of English towns (for an instance see below, Section VI, No. 30), and
+Englishmen were members of foreign communities. In 1326 the Mayor and
+commonalty of London deprived such aliens of the freedom of the city
+(Riley Memorials, 151). This document furnishes the sole extant
+reference to a gild merchant in London. See, however, Crump, in E.H.R.,
+xviii. 315.]
+
+
+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 beyond 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
+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.
+
+[Footnote 179: Tuesday after December 13.]
+
+[Footnote 180: Monday after September 8, 1302.]
+
+[Footnote 181: _i.e._ To uphold.]
+
+
+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 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."
+
+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.
+
+In witness whereof the jurors have set their seals to this inquisition.
+
+[Footnote 182: June 11.]
+
+[Footnote 183: The necessities of Earl Thomas, leader of the opposition
+to Edward II., had evidently reacted upon his tenants.]
+
+[Footnote 184: And 23 others named.]
+
+[Footnote 185: The lord's lessees, responsible for the farm of the
+town.]
+
+
+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
+1/4d., on each horse and mare for sale 1/2d., on each hide of horse and
+mare, ox and cow, fresh, salted and tanned, for sale, 1/4d., on each
+cart carrying meat, salted or fresh, for sale, 1-1/2d., on 5 bacons for
+sale 1/2d., on each salmon, fresh or salt, for sale, 1/4d., on each 100
+mackerel for sale 1/2d., on each lamprey for sale 1/2d., on 10 sheep,
+goats or swine for sale 1d., on 10 fleeces for sale 1/2d., 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
+1/2d., on each cart-load of sea-fish for sale 2d., on each horse-load
+of sea-fish for sale 1/2d., 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 1/2d., on each cart-load of iron for
+sale 1d., on each 100 of steel for sale 1/4d., on each cart-load of tin
+for sale 1/2d., 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 1/4d., on each
+100 of linen web and canvas for sale 1/2d., on each 100 of linen for
+sale 1/4d., on each new cart for sale 1/4d., on each cart laden with
+timber for sale 1/2d., on each 1000 laths 1-1/2d., on each 100 stockfish
+and Aberdeen fish 1/2d., on each cart laden with hay or grass for sale
+1/4d., on each cart carrying rushes for sale 1d., on each cart-load of
+heath for sale 1/2d., on each truss of chalons[186] for sale 1/2d., on
+each horse-load of glass (_verro_) 1/2d., on each horse-load of garlic
+for sale 1/2d., on each 1000 herrings for sale 1/4d., on each 100 boards
+for sale 1d., on each cart-load of faggots for sale 1/4d., on each
+quarter of salt for sale 1/4d., on each dozen horse-loads of coals for
+sale 1/2d., on each cart-load of coals for sale 1/2d., on each cart-load
+of brushwood for sale 1/2d., on each horse-load of brushwood for sale
+by the week 1/4d., on each 1000 nails for house gables (_ad cumilum
+domus_) for sale 1/4d., on each 100 horse shoes for horses and
+clout-nails for carts 1/2d., on 2000 of all manner of nails for sale
+except nails for carts and house gables 1/4d., on each truss of every
+kind of ware for sale coming to the same town and exceeding the value of
+2s., 1/4d. 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.
+
+By the King himself.
+
+[Footnote 186: Coverlets made at Chalons-sur-Marne.]
+
+
+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 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.
+
+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 friendship, 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]
+
+[Footnote 187: A package of ten.]
+
+[Footnote 188: Printed in Riley, Memorials, 232.]
+
+
+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 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 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 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]
+
+[Footnote 189: August 15.]
+
+[Footnote 190: For further evidence of combinations, see below, No. 32.]
+
+[Footnote 191: Printed in Riley, Memorials, 542.]
+
+
+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 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 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 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]
+
+[Footnote 192: From the confirmation of 13 Henry IV. Printed in _The Red
+Book of Bristol_, ii. p. 81.]
+
+
+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 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, 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 aforesaid, 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.
+
+
+19. INDENTURE OF APPRENTICESHIP [_Ancient Deeds_, A 10022], 1459.
+
+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
+the reign of King Henry the Sixth after the Conquest of England.
+
+[Footnote 193: May 1.]
+
+
+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]
+
+[Footnote 194: This case illustrates the growing habit of appealing to
+the Chancellor's equitable jurisdiction, a characteristic feature of
+fifteenth century administrative and legal history.]
+
+
+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 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 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.
+
+
+
+
+SECTION VI
+
+THE REGULATION OF TRADE, INDUSTRY AND COMMERCE
+
+ 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 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 communities 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 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.
+
+
+AUTHORITIES
+
+ 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).
+
+
+1. ASSIZE OF MEASURES [_Roger of Hoveden, Rolls Series_, IV, 33], 1197.
+
+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. 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.
+
+[Footnote 195: "_Inclaventur in eis claves._"]
+
+[Footnote 196: The selvages.]
+
+
+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 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.
+
+[Footnote 197: Reading _simul cum vicecomite_ for _similiter in
+vicecomitatu_.]
+
+[Footnote 198: The right to take and judge thieves within the manorial
+precincts.]
+
+[Footnote 199: And eleven others named.]
+
+[Footnote 200: And the other liberties specified above. For an
+explanation of view of frankpledge, see note to Section IV., No. 5
+above.]
+
+
+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. 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.
+
+[Footnote 201: Printed in Riley, Memorials, 119.]
+
+[Footnote 202: May 1.]
+
+[Footnote 203: Medium quality.]
+
+
+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.
+
+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]
+
+[Footnote 204: September 21.]
+
+[Footnote 205: And eleven others named.]
+
+[Footnote 206: The abbot is granted the market and a fair on the eve,
+day and morrow of the Decollation of St. John the Baptist (August 28-30)
+by charter dated November 24, 1252 [_Charter Roll, 37 Henry III, m.
+19_].]
+
+
+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.
+
+[Footnote 207: August 6-13.]
+
+
+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, 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]
+
+Court on Saturday [24 April, 1288].
+
+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 1/2 mark; and he produces suit. The aforesaid Roger, being
+present, denied [tort and force] and put himself on his law, 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,----
+
+[Footnote 208: Printed in Selden Society Publications, Vol. 23, p. 35.]
+
+
+8. THE STATUTE OF WINCHESTER, _cc._ 4, 5 [_Statute Roll, 1, m. 41_],
+1285.
+
+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, 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.
+
+
+9. THE RECOVERY OF DEBT ON A RECOGNISANCE [_Chancery Files_, 415], 1293.
+
+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 long and
+well. Given at Lincoln on Friday next after the feast of St. Martin in
+the year aforesaid.[209]
+
+[Footnote 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 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]
+
+[Footnote 210: Printed in Selden Society Publications, Vol. 23, p. 19]
+
+[Footnote 211: The clause of the Statute (1285) relating to fairs runs
+as follows: "And a seal shall be provided to serve for fairs, and the
+same seal shall be sent to each fair under the seal of the King by a
+clerk sworn; and by the keeper of the fair and by the community of the
+merchants there shall be elected two lawful merchants of the city of
+London, who shall take oath, and the seal shall be opened before them,
+and the one piece shall be delivered to the aforesaid merchants, and the
+other shall remain with the clerk, and before them or one of the
+merchants, if both cannot be present, the recognisances shall be made."]
+
+
+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 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.
+
+[Footnote 212: St. Ives fair court. Printed in Selden Society
+Publications, Vol. 23, p. 42. This incident illustrates the difficulties
+of the central administration in dealing with local franchises.]
+
+
+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 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, 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, 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 like writs are directed to the several sheriffs throughout England.
+
+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.
+
+By the King himself and the whole council.
+
+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.
+
+[Footnote 213: Printed in Putnam _op. cit., p._ 8*, Appendix.]
+
+
+13. PRESENTMENTS MADE BEFORE THE JUSTICES OF LABOURERS[214] [_Assize
+Roll, 267, mm. 1, 8_], 1351. Hundred of Chelmsford.
+
+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 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....
+
+Grand Inquisition.
+
+_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.
+
+[Footnote 214: Printed in Putnam, _op. cit., p._ 169*, Appendix.]
+
+
+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.
+
+Layer de la Hay.
+
+ 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.
+
+ Sum, 16s. 10d. Proved
+
+
+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.
+
+Witness the King at Westminster, 12 June.
+
+By the council
+
+
+17. APPLICATION OF FINES FOR EXCESSIVE WAGES TO THE SUBSIDY OF A
+FIFTEENTH [_Subsidy Roll_, 107, 41.], 1351-2.
+
+Hundred of Winstree.
+
+From the town of East Mersea, 46s. 4-3/4d., from fines of workmen of the
+same town.
+
+From the towns of West Mersea and Fingringhoe, 4l. 8s. 11-3/4d., from
+fines of workmen of the same town (_sic_).
+
+From the towns of Peldon and Abberton, 44s. 7-1/2d., from fines of
+workmen of the same town _(sic_).
+
+From the towns of Wigborough, Great and Little, 62s. 2d., whereof the
+fifteenth is 12d., the fines of workmen 61s. 2d.
+
+From the town of Layer de la Hay, 32s. 9-3/4d., whereof the fifteenth is
+2s. 9-3/4d., 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. 7-1/4d., whereof the fifteenth is
+18s. 7-1/4d., 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]
+
+[Footnote 215: His lands were for the time being in the King's hand as
+an escheat.]
+
+[Footnote 216: Note that in half the towns in this hundred the
+inhabitants' share of the subsidy is wholly covered by the fines. The
+ordinance and statute were enforced in Essex more severely than
+elsewhere.]
+
+
+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, 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 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 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; 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.
+
+_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.
+
+[Footnote 217: This statute is perhaps the most important of all the
+enactments relating to labourers between the Black Death and the reign
+of Elizabeth. It distinguishes between the impotent poor and the
+able-bodied vagabonds, and, besides establishing Quarter sessions, and
+fixing maximum wages, is the basis of all subsequent Vagrancy and Poor
+Law legislation. For printed text see Statutes of the Realm, Vol II.,
+56-59.]
+
+[Footnote 218: It is the small man, as well as the great lord, who is
+injured by the wage-labourers' demands.]
+
+[Footnote 219: Compare the wages here allowed with those set out below,
+No. 19.]
+
+[Footnote 220: _i.e._ No additions made to the commission.]
+
+
+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, 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 5-1/2d.; 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 4-1/2d.;
+and every other labourer by the day 2d. with meat and drink, and
+without meat and drink 3-1/2d. 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 4-1/2d.; tiler, mean carpenter, rough
+mason and other artificers aforesaid, by the day 2-1/2d. with meat and
+drink, and without meat and drink 4d.; and every other workman and
+labourer by the day 1-1/2d. 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 2-1/2d. with
+meat and drink, and without meat and drink 4-1/2d.; 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]
+
+[Footnote 221: _i.e._ Unless.]
+
+[Footnote 222: This bill became a Statute (_Stat._ 23 _Henry VI. c._
+12).]
+
+
+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 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, as they have hitherto been wont to do. In witness
+whereof etc. Witness the King at Canterbury, 20 May.
+
+By the King himself.
+
+[Footnote 223: This document, afterwards referred to as the Staplers'
+charter (_cf Patent Roll_, _13 Edward II, m. 19 d_), contains the
+earliest reference in the English records to an organised body of wool
+merchants with a mayor and council; it is clear from the last words of
+the ordinance that both Staple and Staplers were older than the royal
+interest in them.]
+
+
+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 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]
+
+[Footnote 224: The struggle with Thomas, earl of Lancaster.]
+
+[Footnote 225: _i.e._, through fear of malicious reprisals abroad; it is
+urged apparently that by the establishment of staples at home English
+merchants will stay in the realm and enjoy the profits of commerce
+without undertaking the risks. The policy of exclusive home staples was
+thrice attempted without success, in 1326, 1332 and 1353.]
+
+[Footnote 226: Endorsed is a list of counties whose representatives
+agree to the foregoing advice, namely, Middlesex, Essex, Hertford,
+Buckingham, Bedford, Oxford, Berks, Gloucester, Hereford, Worcester,
+Salop, Stafford, Chester and Warwick, together with London and Stamford.
+
+The arguments presented above were the outcome of a conference between
+the council, and representatives of cities and boroughs and of the
+merchants throughout the realm. See Eng. Hist. Rev., Jan. 1914.]
+
+
+22. ORDINANCES OF THE STAPLE [_Patent Roll_, _19 Edward II, p. 2, m.
+8_], 1326.
+
+Edward, etc., to the mayor of our city of London, greeting. We command
+you, straitly enjoining, that the things below 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 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 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.
+
+[Footnote 227: The seal used by the customers.]
+
+[Footnote 228: Prince Edward was created duke of Aquitaine on September
+10, 1325. _Pat. 19 Edward II, p. 1, m. 25._]
+
+
+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 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].
+
+[Footnote 229: July 7.]
+
+[Footnote 230: August 1.]
+
+[Footnote 231: Ratified by the Crown on July 16 (_Pat. Supp._, 22 _m._
+12).]
+
+
+24. ROYAL LETTERS PATENT OVERRULED BY THE CUSTOM OF THE STAPLE [_Early
+Chancery Proceedings, 11, 289_], _c._ 1436.
+
+To the reverend father in God the Bishop of Bath, Chancellor of England.
+
+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 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 _subpoena_ 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.
+
+[Footnote 232: Printed in Riley, Memorials, 149.]
+
+
+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;
+
+ 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.
+
+
+27. THE PERILS OF FOREIGN TRAVEL [_Court Roll, 178, 104, m. 3d._],[233]
+1315.
+
+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 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 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.
+
+[Footnote 233: Printed in Selden Society Publications, Vol. 23, p. 93.]
+
+
+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 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 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]
+
+[Footnote 234: For an earlier measure for the protection of shipping,
+see below, Section VII., No. 2.]
+
+
+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 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.
+
+[Footnote 235: Charters of this character were granted at this period to
+almost every town of importance in England.]
+
+
+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 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.
+
+[Footnote 236: _i.e._ "Tort and force."]
+
+[Footnote 237: See No. 29 for the charter of Douai.]
+
+
+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 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.
+
+[Footnote 238: June 15, 1260. _Fædera I._, i. 398.]
+
+
+32. ALIEN WEAVERS IN LONDON [_Guildhall, Letter-Book_ G, _f. 93_],[239]
+1362.
+
+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.
+
+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 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.
+
+[Footnote 239: Printed in Riley, Memorials, p. 306]
+
+
+33. THE HOSTING OF ALIENS [_Exch. K.R. Accounts, 128, 31, m. 15_], 1442.
+
+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:--
+
+ 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 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.
+
+The purchases made by the said John Mantell and James Ryche and James
+Dohonour for the employment of the merchandise aforesaid:--
+
+ 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 745l.[241]
+
+[Footnote 240: The scrivan (_i.e._, writer) had charge of the
+merchandise on board.]
+
+[Footnote 241: This survey was made pursuant to Stat. 18 Henry VI. The
+result of the transaction would have delighted the "mercantile"
+theorist.]
+
+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 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]
+
+[Footnote 242: Patent Roll, 18 Henry VI., p. 3, m. 22 (1440).]
+
+[Footnote 243: This document illustrates the difficulty of the
+legislature in its attempts at national regulation. A mediæval statute
+was not a dead letter, but competed perforce with local liberty and
+royal prerogative. The crown at once collected fines for breaches of a
+statute and fees for exemption from its operation.]
+
+
+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 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
+throughout 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.
+
+Answer.--Let the law of old used run herein
+
+[Footnote 244: Ordinance dated 1363. _See_ Cunningham, _Growth of
+English Industry and Commerce, Mediæval Times_, p. 361 _n._]
+
+
+37. ACTION UPON USURY [_Early Chancery Proceedings_, 64, 291],[245] _c._
+1480.
+
+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 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.
+
+[Footnote 245: Printed in Abram's _Social England_, 215.]
+
+
+
+
+SECTION VII
+
+TAXATION CUSTOMS AND CURRENCY [For feudal taxation see Section II.]
+
+ 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.
+
+
+AUTHORITIES
+
+ 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_.
+
+
+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
+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.
+
+
+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.
+
+
+3. THE KING'S PRISE OF WINES [_Fine Roll_, 13 _Edward_ II, _m._ 3], 1320
+
+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 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].
+
+By the council.
+
+[Footnote 246: The prise of wines was the royal right, limited at least
+from the time of Edward I., of purchasing 2 tuns of wine from every ship
+at the rate of 20s. a tun, whatever the market price might be; 60s. a
+tun was a normal price in the 14th century (_see K.R. Accounts_, 77.
+21). The value of this grant to Stephen is obvious.]
+
+
+4. THE CUSTOM ON WOOL [_Fine Roll_, 3 _Edward I, m._ 24], 1275.
+
+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 1/2 mark, and on each 300 fells which make a sack 1/2
+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. 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
+1/2 mark on each sack of wool and fells, and 1 mark on each last of
+hides.[248]
+
+[Footnote 247: 12 dozen.]
+
+[Footnote 248: This and the two following documents fix the normal rates
+of customs on exported and imported goods for the mediæval period. The
+custom on wools, woolfells and hides, came to be known as the great or
+ancient custom.]
+
+
+5. THE CUSTOM ON WINE [_Charter Roll_, 30 _Edward I, m._ 2], 1302
+
+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, 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 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,
+1/2d., 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 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.
+
+[Footnote 249: _i.e._ Wholesale.]
+
+[Footnote 250: Earnest money.]
+
+
+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 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 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 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 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 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.
+
+[Footnote 251: From the confirmation by Edward III, see _Fædera_, II,
+ii, 747; the charter is not among the enrolments of Edward I. These
+customs were known as the petty custom, and this charter as the _Caria
+Mercatoria_.]
+
+[Footnote 252: Tolls for the repair of walls, bridges and streets.]
+
+[Footnote 253: i.e. Wholesale.]
+
+
+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 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.
+
+
+8. PROVISIONS FOR THE CURRENCY [_Fine Roll, 9 Edward III. m. 10_], 1335.
+
+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 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 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
+searchers and wardens. Given under our great seal at York, 6th June in
+the 9th year of our reign.
+
+In like manner command is given to the several sheriffs throughout
+England....
+
+_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 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 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, 41-1/2
+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
+
+RURAL CONDITIONS
+
+ 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
+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 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 (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.
+
+
+AUTHORITIES
+
+ 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 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]
+
+[Footnote 254: The above case is remarkable as illustrating (_a_) the
+survival of villeinage as a working reality into the reign of Elizabeth;
+(_b_) the use of Statute law (growing since the first Statute of
+Labourers) to supplement the (legally) almost extinct jurisdiction of
+lord over villein.]
+
+
+2. CUSTOMS OF THE MANOR OF HIGH FURNESS [_R.O. Duchy of Lancaster;
+Special Commissions; No. 398_], 1576.
+
+[_Presentment of customs of the manor._]
+
+For the Queen.
+
+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 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.
+
+13. No tenant is to stop any common way nor turn aside a beck. Penalty
+6s. 8d.
+
+For the tenants.
+
+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.
+
+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:--
+
+If there is but 1 brother, 12 years' ancient rent.
+
+If there are 2 brothers, 16 years' ancient rent, to be equally divided.
+
+If there be 3 or more, 20 years' ancient rent, to be equally divided.
+
+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.
+
+Richard Cullyer and John Cullyer _v._ Thomas Knyvett, esquire.
+
+ 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 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 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 _subpoena_, 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.
+
+_Answer._
+
+ 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 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 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.
+
+REPLICATION
+
+ 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 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 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 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.
+
+[Footnote 255: _i.e._ Not admitting.]
+
+
+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 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 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 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
+_subpoena_ 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 _subpoena_ 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.
+
+EDWARD FENNER.
+
+[Footnote 256: _i.e._ Pasturing.]
+
+
+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.
+
+[Footnote 257: The most interesting clauses in the lease are (_a_) that
+which relates to the leasing of the stock of the manor ("Stock and land
+lease"); (_b_) the last, which shows how the practice of leasing a manor
+to one large farmer replaced the earlier practice of leasing parts of it
+to numerous small tenants.]
+
+
+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 11-1/2 acres,
+and the cropping of one meadow called Duttenham lying in the west part
+of Wishford containing 10-1/2 acres, one meadow called Beymeade
+containing 4-1/2 acres lying on the north-west 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 6-1/2 acres, in Middlefield 8-1/2 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, 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 your grace that no lord of no manor shall common upon the
+commons.
+
+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.
+
+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 rivers may be free and common to all men for fishing and
+passage.
+
+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.
+
+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.
+
+ By me, Robt. Kett.
+ " " Thomas Aldryche.
+
+ Thomas Cod.
+
+[Footnote 258: Some doubt has been expressed as to the interpretation of
+these words. They should probably be read as referring to enclosures
+made not by lords or by large farmers, but by the peasants themselves.
+The rebels point out that a considerable number of people have spent
+capital on hedging and ditching their lands for the better cultivation
+of saffron, and therefore ask that, while other enclosures should be
+pulled down, a special exception may be made in favour of this
+particular kind of enclosure.]
+
+
+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.
+
+Inhabitants of Whitby _v._ York.
+
+ 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
+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.
+
+Endorsed....
+
+21 October
+
+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....
+
+_The Names of the tenants of Halkesgarthe and Senseker._
+
+ The old The new And the
+ rent. rent. fine.
+ First John Coward 24s. 3l. 16d. 33s. 4d.
+ From Henry Russell 42s. 11-1/2d. 4l. 7s. 3d. 3l. 6s. 8d.
+ From Elisabeth Postgate,
+ widow 18s. 10d. 41s. 5d. 18s.
+ From Thomas Robynson 12s. 11-1/2d. 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. 3-1/2d.
+ 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.
+
+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.
+
+ From William Jakson, likewise paid 20s. for his farm afore hand.
+
+ From Maryon Huntrodes,
+ widow 50s. 2d. 5l. 16s. 8d. 7s.
+ Sum:-- Sum:-- Sum:--
+ 28l. 19s. 8-1/2d. 64l. 9s. 9d. 23l. 15s. 8d.
+
+ [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 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.
+
+[Footnote 259: This document, though very imperfect, is interesting as
+illustrating (_a_) the land speculation which followed the dissolution
+of the monasteries, (_b_) the rack-renting of tenants which such
+speculation naturally produced.]
+
+
+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.
+
+_To the Queen's most excellent Majesty._
+
+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 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.
+
+[Endorsed.] 18 May, 1586.
+
+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.
+
+ 25 May, 18 Elizabeth.
+ Writ of injunction granted, as appears, etc.
+
+[Footnote 260: For this form of customary tenure, "border tenure," see
+_Northumberland County History_, _passim_.]
+
+[Footnote 261: _i.e._ an _ejectio firmae_, an action of ejectment. See
+Pollock and Maitland, _History of English Law_. Vol. II. p. 109.]
+
+
+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 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 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 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.
+
+[here follow 23 signatures.]
+
+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.
+
+To the King's most Excellent Majesty.
+
+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. 4_i_, 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 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 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.
+
+Whitehall, this 10th of November, 1629.
+
+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.
+
+DORCHESTER.
+
+
+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 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 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 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 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.
+
+[Footnote 262: Similar letters are addressed to other Commissioners
+directing them to make similar inquiries in other parts of the country.
+The Commission was appointed by Wolsey. Its returns are important as a
+source of information both on the said conditions of the period and on
+the administrative methods of the Tudor statesmen (see Leadam, _Domesday
+of Enclosures_) and subsequent Commissions were appointed in 1548, 1566,
+1607, 1632, 1635, and 1636, the last three being prompted partly by the
+desire to raise money by means of fines.]
+
+
+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 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 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.
+
+28 June, 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 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 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.
+
+Upon condition to perform the articles above mentioned.
+
+[Footnote 263: For Somersets popular agrarian policy, see Pollard, _The
+Protector Somerset_, and, especially, the introduction to the
+_Commonwealth of this Realm of England_ (edited by Lamond).]
+
+
+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 commodities 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 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 contradiction 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 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 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.' so I wish it may end
+with such success as the plough may speed the poor.
+
+(Endorsed: 1597. To Mr. Speaker against enclosures.)
+
+[Footnote 264: Two Acts against depopulation were passed in this year,
+39 Eliz., c. 1, and 39 Eliz., c. 2 (see No. 17 of this section). The
+name of the member making the following speech is not known.]
+
+[Footnote 265: 4 Hen. VII, c. 19, by which all occupiers of 20 acres and
+upwards which have been tilled for the last three years are to maintain
+them in tillage.]
+
+[Footnote 266: For the exaction of such a contribution see Section IV,
+No. 20 of this Part.]
+
+
+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 kingdom.... 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.
+
+[Footnote 267: No action was taken to amend or repeal existing laws. For
+Bacon's views see his _History of King Henry_ VII.]
+
+
+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
+ The fines are already paid.
+
+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.
+
+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;
+
+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
+_subpoenas_ 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.
+
+[Endorsed.] Depopulation. Mr. Hungerford and Mr. Southby. (1641.)
+
+[Footnote 268: See Clarendon, _History of the Rebellion I_, 204.
+
+"And the revenue of too many of the Court consisted principally in
+enclosures, and improvements of that nature, which he [_i. e_., Laud],
+still opposed passionately except they were founded upon law; and then,
+if it would bring profit to the King, how old and obsolete soever the
+law was, he thought he might justly advise the prosecution. And so he
+did a little too much countenance the Commission for Depopulation, which
+brought much charge and trouble upon the people, which was likewise cast
+upon his account."]
+
+
+
+
+SECTION II
+
+TOWNS AND GILDS
+
+ 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 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 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).
+
+
+AUTHORITIES
+
+ 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.
+
+[Footnote 269: Robert Green was chosen Mayor of Coventry in 1494.]
+
+
+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., 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.]
+
+ Summa Totalis of } { In Malt, 2405 qrs.
+ the people then } { In Rye and Mastlin, 100
+ being within the } Summa Totalis { qrs. 1 strike.
+ city, of men } 6601 persons. { In wheat, 47 qrs.
+ women and children. } { In Oats, 39 qrs. 2 strike.
+ } { In Pease, 18 qrs. 2 strike.
+
+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.
+
+
+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
+ordinances 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 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 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....
+
+[Clause reciting 37 Hen. VIII, c. 4.][270]
+
+... 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 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 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 fellowships 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 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....
+
+[Footnote 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.
+
+At Westminster, Sunday, the vith of May, 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
+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 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 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.
+
+
+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 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.
+
+
+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 convenient, 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 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.
+
+To the worshipful master mayor and his brethren.
+
+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.
+
+
+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 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.
+
+January 16, 1610-11. The humble suit of your worships servants of the
+yeomanry.
+
+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, 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 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 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.
+
+1. The corporation will flourish.
+
+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 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.
+
+[Footnote 271: Unwin, _Industrial Organization in the Sixteenth and
+Seventeenth Centuries_, pp. 240-42,]
+
+
+18. THE CASE OF THE TAILORS OF IPSWICH[272] [_Coke's Reports, Part XI,
+pp. 53-55_], 1615.
+
+Trin. II, Jac. Reg. King's Bench.
+
+[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 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;
+
+(iv) that William Sheninge had worked 20 days as a tailor without
+complying.
+
+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 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.
+
+Judgment for defendant.
+
+[Footnote 272: This case is important as an illustration of the attitude
+of the Common Law Courts towards rules made in restraint of trade. See
+below, section III of this Part, Nos. 17 and 24.]
+
+
+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.
+
+Humbly presented to the consideration of the honourable House of
+Commons.
+
+All legal jurisdictions over a number of people or society of men must
+either be primitive or derivative. Now primitive 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 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, 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....
+
+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 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.
+
+[Footnote 273: Part of this document is quoted by Unwin, _Industrial
+Organization in the Sixteenth and Seventeenth Centuries_, pp. 205-6.]
+
+
+
+
+SECTION III
+
+THE REGULATION OF INDUSTRY BY THE STATE
+
+ 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 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 (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 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).
+
+
+AUTHORITIES
+
+ 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 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 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.
+
+ EDWARD WOTTON.
+ THOMAS WYLFFORD.
+
+[Footnote 274: Quoted Schanz, Vol. II, pp. 660-1.]
+
+
+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 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.
+
+ Your[s] assuredly to his
+ preservation (?)
+
+ THOMAS AUDELEY,
+ lord chancellor.
+
+[Footnote 275: Schanz, Vol. II, pp. 662-3.]
+
+
+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) 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, 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.
+
+[Footnote 276: This Act suggests that something like a factory system
+may have been growing up in the sixteenth century: See Ashley, _Economic
+History_, Vol. II, The Woollen Industry.]
+
+
+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.
+
+[Footnote 277: This enactment is interesting as offering a precedent
+followed in the Statute of Artificers (No. 6 of this section), and as
+showing one of the social reasons for compulsory apprenticeship, which
+probably somewhat postponed the age of marriage. (See No. 11 of this
+section.)]
+
+[Footnote 278: Quoted Dunlop and Denman, _English Apprenticeship and
+Child Labour_, pp. 52-3.]
+
+
+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 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....
+
+[Footnote 279: Compare this with the following document (No. 6). It will
+be observed that Cecil's proposals as to wages are more drastic than the
+actual provision of the Statute of Artificers.]
+
+
+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 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, 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 1/2 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.
+
+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 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....
+
+XII. [Penalty on Justices absent from sessions for rating wages, 5l.]
+
+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....
+
+XVI. [Proviso for persons going harvesting into other counties.]
+
+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 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.] 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
+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.
+
+XXVII. [Proviso for worsted-makers of Norwich.]
+
+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 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....
+
+XXXII. [Procedure for recovery of penalties.]
+
+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.]
+
+[Footnote 280: This provision was repealed in 1597.]
+
+
+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 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 two branches to be noted are these:--
+
+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 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.
+
+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.
+
+[Footnote 281: For the working of the system of certificates, see No.
+14, pp. 352-3.]
+
+[Footnote 282: For this method of delegating administration to private
+speculators see Section V of this Part, Nos. 14 and 22.]
+
+
+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.
+
+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 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, 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 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.
+
+[Here follow provisions as to the division of fines.]
+
+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 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.
+
+[Here follows provisions as to the division of fines.]
+
+[Footnote 283: _i.e._, wefts.]
+
+[Footnote 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."]
+
+[Footnote 285: _i.e._, the (variable) number of ends into which a warp
+is divided in the process of warping.]
+
+
+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.
+
+Apud Trowbridge, 30 December A.o. xlv{to} Elizabethae Reginae.
+
+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.
+
+ _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.
+ 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.
+
+[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.]
+
+Clothiers Signing--
+
+ William Yerbury.
+ Nicholas Phippe.
+ John Usher.
+ Walter Yerbury.
+ John Yewe.
+ Edward Cogswell.
+ Richard Dycke.
+
+Weavers Signing--
+
+ Hugh Watts.
+ Henry Cappe.
+ William Rundell.
+ Henry Prior.
+ Thomas Lavington.
+ Bartholomew Skege.
+
+[Footnote 286: For the meaning of "beer" and "abb" see notes to document
+No. 8.]
+
+[Footnote 287: Instead of "about 800 under 900," as printed in _op.
+cit._]
+
+
+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 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.
+
+
+11. ADMINISTRATION IN WILTSHIRE OF ACTS REGULATING THE MANUFACTURE OF
+CLOTH [_Hist. MSS. Com., Vol. I, pp. 74-5_], 1603.
+
+Orders agreed upon for the occupation of weavers.[288]
+
+_First_, that no person using the trade of weaving woollen cloth be
+suffered to keep more looms than that the statute made ao 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 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.
+
+[Footnote 288: The original heading, for which that above was afterwards
+substituted, runs:--"A table to be presented for and concerning the
+occupation of weaving by the sworn men unto Henry Priour authorized for
+that purpose." It is probable that the "sworn men" were clothiers and
+weavers (see No. 9), and that Henry Priour was a justice.]
+
+
+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.
+
+_Wages by the year for husbandry._
+
+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 xxt 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 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.
+
+_Wages for Taskwork without Meat and Drink._
+
+For reaping and binding of wheat, rye, or beans, for every acre by the
+lug not above xxd.
+
+Mowing of barley for every acre by lug not above vd.
+
+Mowing of oats for every acre by lug not above iiiid.
+
+Hacking or hawming of pease or fatches for every acre by lug not above
+xiid.
+
+Mowing of grass for every acre by lug not above xd.
+
+Making of hay for every acre by lug not above ixd.
+
+Threshing of wheat, rye, pease, beans, or fatches, for every quarter,
+not above xd.
+
+Threshing of barley or oats for every quarter not above vid.
+
+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 hedge for every perch not above 1d.
+
+Making of plaisted hedge and other fenced hedge more strong and scouring
+of the ditch, for every perch not above iid.
+
+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.
+
+Railing with single rail after the same sort, for every perch not above
+iiid.
+
+Sawing of board or timber for every hundred not above xviid.
+
+_Wages by the day for these artificers following._
+
+ 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 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.
+
+_Wages by the day for these occupations following_:--
+
+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 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.
+
+ 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 }
+
+_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.
+
+ 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 }
+ 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 }
+
+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.
+
+[Footnote 289: A mistake for fifth (see No. 6).]
+
+
+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.:--
+
+ 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.
+ 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 54_li_ 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
+ 1200 sorts of warp shall have iiiid.
+ 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.
+ Jo. Ernele.
+ Jaspar More.
+ Edward Penrudock.
+ H. Sadler.
+ Jo. Dauntesey.
+ John Hungerford.
+ Wm. Bayles.
+ Jo. Warneford.
+ W. Blacker.
+ Edw. Rede.
+ Henry Martyn.
+ G. Tooker.
+ Anth. Hungerford.
+ La. Hyde.
+
+[Footnote 290: For the meaning of "beer" and "abb" see notes to document
+No. 8.]
+
+
+14. ADMINISTRATION OF THE WAGE CLAUSES OF THE STATUTE OF ARTIFICERS
+[_Atkinson, North Riding Quarter Sessions, Vol. I, pp._ 27, 60, 69, 99,
+105], 1605-8.
+
+Jan. 17th, 1605. [Presented by the Jury.] John Bulmer of West Cottam,
+husbandman, for hiring servants without recording their names and
+salaries before the Chief Constable, _contra formam statuti_, etc., and
+also Rob. Harrison and Will Keldell both of the same, for the like....
+
+Helmesly, Jan. 8, 1606. The inhabitants of Thirkleby, (Great and
+Little), for refusing to give the names of their servants and their
+wages to the constables of the said town or to the Head Constables. The
+inhabitants of Kilbornes, Over and Nether, for the like and for giving
+their servants more wages than the statute doth allow.
+
+Thomas Gibson, of Easingwold, for retaining and accepting into his
+service one Will Thompson without shewing to the Head Officer, Curate or
+Churchwarden any lawful testimonial.
+
+Will Burnett, of Bawker, for refusing to pay pence for entering his
+servants' names; Cuthbert Ivyson, of Awdwarke, husbandman, for retaining
+Tim Johnson, servant, at husbandry for 46s., contrary to the rates
+assessed by the Justices.
+
+Thirske, April 14, 1607. Thomas Grange of East Harlesey, for refusing to
+give a note of his servants and their wages.
+
+Malton, Jan. 12, 1607. Jane Kay of Fawdington within the constabulary of
+Bagby, for denying to give the names of her servants, nor tickets nor
+rates of her servants.
+
+Malton, Jan. 12, 1607. Alice Sharrow, of New Milnes in Seazey parish,
+for taking more wages of Will Bell of Kascall than, etc.
+
+Malton, Jan. 12, 1607. Thos. Wawne of Thorp Rawe, yeoman, for giving
+wages to ... Rymer his servant, exceeding the rate set down by the
+Justices.
+
+
+15. ADMINISTRATION OF THE APPRENTICESHIP CLAUSES OF THE STATUTE OF
+ARTIFICERS [_Atkinson, North Riding Quarter Sessions, Vol. I, pp._ 106
+and 121], 1607-8.
+
+Malton, Jan. 12, 1607. [Presented by the Jury.] Thomas Cooke, ...
+webster, for trading, having never served vii years' apprentice....
+
+Rob. Pybus of Beedall, for buying barley to malt to sell without
+license, and also useth the trade of malting, he being a very young man,
+unmarried, which is contrary to the statute.
+
+Helmesley, July 12, 1608. Rob. Richardson of Sawdon, carpenter, for
+using that trade, having been but two years apprentice.
+
+Fr. Storry of Gristropp, carpenter, for retaining one John Milborne and
+John Palmer as apprentices without indenture.
+
+
+16. THE ORGANISATION OF THE WOOLLEN INDUSTRY[291] [_S.P.D. James I,
+Vol._ LXXX, 13], 1615.
+
+The breeders of wool in all countries are of three sorts--
+
+1. First those that are men of great estate, having both grounds and
+stock of their own, and are beforehand in wealth. These can afford to
+delay the selling of their wools and to stay the clothiers' leisure for
+the payment to increase the price. The number of these is small.
+
+2. Those that do rent the king's, noblemen's and gents' grounds and deal
+as largely as either their stock or credit will afford. These are many
+and breed great store of wool; most of them do usually either sell their
+wools beforehand, or promise the refusal of them for money which they
+borrowed at the spring of the year to buy them sheep to breed the wool,
+they then having need of money to pay their Lady-day rent and to double
+their stock upon the ground as the spring time requireth, and at that
+time the clothiers disburse their stock in yams to lay up in stock
+against hay-time and harvest when their spinning fails. So that then
+farmers and clothiers have greatest want of money at one time.
+
+3. The general number of husbandmen in all the wool countries that have
+small livings, whereof every one usually hath some wool, though not
+much. They are many in numbers in all countries and have great store of
+wool, though in small parcels. Many of these also do borrow money of the
+wool merchant to buy sheep to stock their commons. Their parcels being
+so small, the times of selling so divers, the distance of place so great
+between the clothier and them, it would be their undoing to stay the
+clothier's leisure for the time of their sale, or to be subject to him
+for the price....
+
+These wools are usually converted by four sorts of people.
+
+1. The rich clothier that buyeth his wool of the grower in the wool
+countries, and makes his whole year's provision beforehand and lays it
+up in store, and in the winter time hath it spun by his own spinsters
+and woven by his own weavers and fulled by his own tuckers, and all at
+the lowest rate for wages. These clothiers could well spare the wool
+buyers that they might likewise have wool at their own prices, and the
+rather because many of them be brogging clothiers and sell again very
+much, if not most, of the wool they buy.
+
+2. The second is the meaner clothier that seldom or never travels into
+the wool country to buy his wool, but borrows the most part of it at the
+market, and sets many poor on work, clothes it presently, and sells his
+cloth in some countries upon the bare thread, as in Devonshire and
+Yorkshire, and others dress it and sell it in London for ready money,
+and then comes to the wool market and pays the old debt and borrows
+more. Of this sort there are great store, that live well and grow rich
+and set thousands on work; they cannot miss the wool chapman, for if
+they do they must presently put off all their workfolk, and become
+servants to the rich clothier for 4d. or 6d. a day, which is a poor
+living.
+
+3. The third sort are such clothiers that have not stock enough to
+bestow, some in wool and some in yarn, and to forbear some in cloth as
+the rich clothiers do, and they buy but little or no wool, but do weekly
+buy their yarn in the markets, and presently make it into cloth and sell
+it for ready money, and so buy yarn again; which yarn is weekly brought
+into the markets by a great number of poor people that will not spin to
+the clothier for small wages; but have stock enough to set themselves on
+work, and do weekly buy their wool in the market by very small parcels
+according to their use and weekly return it in yarn, and make good
+profit thereof, having their benefit both of their labour and of the
+merchandise, and live exceeding well. These yarn-makers are so many in
+number that it is supposed by men of judgment that more than half the
+cloths that are made in Wilts, Gloucester, and Somersetshire is made by
+the means of these yarn-makers and poor clothiers that depend weekly
+upon the wool chapman, which serves them weekly with wool either for
+money or credit.
+
+4. The fourth sort is of them of the new drapery, which are thousands of
+poor people inhabiting near the ports and coasts from Yarmouth to
+Plymouth and in many great cities and towns, as London, Norwich,
+Colchester, Canterbury, Southampton, Exeter and many others. These
+people by their great industry and skill do spend a great part of the
+coarse wools growing in the kingdom, and that at as high a price or
+higher than the clothiers do the finest wools of this country, as
+appeareth by a particular hereunto annexed....
+
+[Footnote 291: Quoted Unwin, _Industrial Organization in the Sixteenth
+and Seventeenth Centuries_, App. A, II.]
+
+
+17. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF 5 ELIZ., c. 4 [_Reports of
+Special Cases Touching Several Customs and Liberties of the City of
+London, collected by Sir H. Calthrop_, 1655], 1615.
+
+_Hil._ 12, _Iac._ 1 [Tolley's case]. It was agreed and resolved that an
+upholsterer is not a trade within that Stat. For first it is not a trade
+that is mentioned in any of the branches of the Statute, howsoever in
+all parts of the Statute there is mention made of 61 several trades and
+misteries. And if the artizans which at that time were assistants unto
+the committees for the expressing of all manner of trades had thought
+that the trade of an upholsterer had been such a trade that required art
+and skill for the encouraging of it, they would not have failed to make
+mention of it.... Thirdly the trade of an upholsterer doth not require
+any art or skill for the exercizing of it, inasmuch as he hath all
+things made to his hand, and it is only to dispose them in order after
+such time as they are brought to him ... and so he is like Aesop's bird
+which borroweth of every bird a feather, his art resting merely in the
+overseeing and disposition of such things which other men work, and in
+the putting of feathers into tick, and sewing them up when he hath done,
+the which one that hath been an apprentice unto it but seven days is
+able to perform. And the intent of this Statute was not to extend unto
+any other trade but such as required art and skill for the managing of
+them; and therefore it was adjudged in the Exchequer upon an information
+against one [space] in the 42nd year of the late Queen Eliz. that a
+costermonger was not a trade intended by the Statute of 5 Eliz., because
+his art was in the selling of apples, which required no skill or
+experience for the exercise of it. So an husbandman, tankardbearer,
+brickmaker, porter, miller, and such like trades are not within the
+Statute of 5 Eliz., cap 4, so as none may exercize them but such a one
+as hath been an apprentice by the space of 7 years; for they are arts
+which require ability of body rather than skill.
+
+
+18. A PETITION TO FIX WAGES ADDRESSED TO THE JUSTICES BY THE TEXTILE
+WORKERS OF WILTSHIRE [_Historical MSS. Commission, Vol. I, p. 94. The
+Records of Quarter Sessions in the County of Wilts._], 1623.
+
+May it please you to be informed of the distressed estate of most of
+the weavers, spinners, and others that work on the making of woollen
+clothes, that are not able by their diligent labours to get their
+livings, by reason that the clothiers at their will have made their work
+extreme hard, and abated wages what they please. And some of them make
+such their workfolks to do their household businesses, to trudge in
+their errands, spool their chains, twist their list, do every command,
+without giving them bread, drink, or money for many days' labour. May it
+please you therefore, for the redressing of these enormities done by the
+clothiers, to appoint certain grave and discreet persons to view the
+straitness of works, to assess rates for wages according to the desert
+of their works, now especially in this great dearth of corn, that the
+poor artificers of these works of woollen cloth may not perish for want
+of food, while they are painful in their callings, so shall many
+families be bound to pray for your worships' happiness and eternal
+felicity.
+
+_Order signed by nine justices._
+
+The petitioners to set down their names to this petition, and the place
+of their dwelling, and the clothiers dwelling next to the places of
+their habitations to be warned to be at Devizes the Thursday in the next
+Whitsun week, to confer with us hereabouts, that they call others
+grieved herein to attend us at that time.[292]
+
+[Footnote 292: The final result of the meeting was that the Justices
+ordered the rates fixed to be published on market day at Devizes.]
+
+
+19. APPOINTMENT BY PRIVY COUNCIL OF COMMISSIONERS TO INVESTIGATE
+GRIEVANCES OF TEXTILE WORKERS IN EAST ANGLIA [_Privy Council Register.
+Charles I, Vol. 6, pp. 350-1_], 1630.
+
+At Whitehall the 16th February, 1630.
+
+Present:
+
+ Lord Treasurer.
+ Lord Privy Seal
+ Lord High Chamberlain.
+ Earl Marshall.
+ Earl of Dorset.
+ Lord V. Dorchester.
+ Lord V. Wentworth.
+ Lord V. Falkland.
+ Lord Bishop of Winton.
+ Lord Newburgh.
+ Mr. Treasurer.
+ Mr. Comptroller.
+ Mr. Secretary Coke.
+
+Whereas a petition was this day presented to the Board by Sylvia
+Harbert, widow, on the behalf of herself and divers others, showing that
+the poor spinsters, weavers and combers of wool in Sudbury and the
+places near adjoining thereunto, in the counties of Suffolk and Essex,
+are of late by the clothiers there (who are now grown rich by the
+labours of the said poor people) so much abridged of their former and
+usual wages, that they (who in times past maintained their families in
+good sort) are now in such distress by the abatement of their wages in
+these times of scarcity and dearth, that they are constrained to sell
+their beds, wheels and working tools for want of bread, as by the
+petition itself doth more at large appear, wherein the petitioners
+humbly sought to be relieved by some directions from this Board:--their
+Lordships upon consideration had thereof, have thought fit and ordered
+that the petition being first signed by the Clerk of the Council
+attendant shall be recommended to Sir Robert Crane, Bart., Sir Thomas
+Wiseman, Sir William Maxey, Sir Drewe Deane, Kt., Thomas Eden, Doctor of
+the Civil Law, Henry Gent, Esq., and Robert Warren, Justices of the
+Peace of the counties aforesaid, Richard Skinner and Benjamin Fisher,
+Aldermen of Sudbury, or to any four of them, whereof one Justice of the
+Peace of each county, and one of the said aldermen, to be three, who are
+hereby authorised and required to call before them such persons on
+either side, as they think fittest to inform them of the true state of
+these complaints, and thereupon to settle such a course for the relief
+of the petitioners by causing just and orderly payment to be made them
+of their due and accustomed wages, as that they may have no further
+cause to complain, nor the Board be further troubled herewithall. And in
+case any particular person shall be found (either out of the hardness of
+his heart towards the poor, or out of private ends or humours)
+refractory to such courses as the said commissioners shall think
+reasonable and just, that then they bind over every such person to
+answer the same before the Board.
+
+
+20. REPORT TO PRIVY COUNCIL OF COMMISSIONERS APPOINTED ABOVE[293]
+[_S.P.D. Charles I, Vol. 189, No. 40_], 1630.
+
+Right Honourable and our very good Lord,
+
+We have according to your lordship's order from the Council Board, dated
+the 16th day of February, 1630, under the hand of the Clerk of the
+Council, called before us the saymakers, spinsters, weavers and combers,
+of Sudbury and the towns adjoining, and have examined the cause of the
+saymakers abating the wages of the spinsters, weavers and combers; and
+asking the saymakers why they did so abate, their answer was that all of
+that trade in other parts of the Kingdom did the like; but if it might
+be reformed in all other parts, they were content to give such wages as
+we should set down. Whereupon we did order, with the good liking of all
+parties, as in this enclosed paper is set down. We therefore humbly pray
+your lordships that the like order may be taken throughout all the
+kingdom with men of that trade, by way of His Majesty's proclamation, or
+any other order which may seem best to your lordships' wisdoms; for if
+the like order be not more general than to Sudbury and the towns
+adjacent, it must necessarily be their ruin and utter undoing. And so
+commending the same to your lordships' further direction, we humbly
+rest, your lordships' in all services to be commanded.
+
+This xxvith of April, 1631.
+
+ Tho. Wyseman.
+ Willi. Maxey.
+ Dra Deane.
+ He. Gent.
+ R. Wareyn.
+ Richard Skynner.
+ Ben Fissher.
+
+ _Endorsed_,
+
+ 27 April, 1631.
+
+from the Justices of the Peace in the county of Essex concerning the
+Saymakers, Spinsters, Weavers and Combers of Sudbury.
+
+_Essex._ An order made at our meeting at Halsted in the said county the
+eighth day of April Anno domini 1631 by virtue of an order from the
+Lords of the Council.
+
+It is ordered and agreed upon by us whose names are hereunder written,
+that the saymakers within the town of Sudbury in Suffolk shall pay unto
+the spinsters for spinning of every seven knots, one penny, and to have
+no deduction of their wages, and that the reel whereon the yarn is
+reeled to be a yard in length, and no longer, and we do further order,
+that for all the white sayes under five pounds weight the saymaker shall
+give unto the weaver twelve pence the pound for the weaving thereof, and
+for the sayes that shall be above five pounds and under ten pounds to
+give twelve pence the pound, abating six pence in the piece for the
+weaving thereof, and for the mingled sayes containing eight or nine
+pounds, nine shillings, and so proportionably as it shall contain more
+or less in weight. This our order to continue until the 15th day of May
+next ensuing, except from the Council there shall be other order taken.
+
+ Thos. Wyseman.
+ Willi. Maxey.
+ Dra. Deane.
+ R. Wareyn.
+ Ri. Skynner.
+ Beniamine Fissher.
+
+[Footnote 293: No. 19.]
+
+
+21. HIGH WAGES IN THE NEW WORLD [_Winthrop's Journal, Vol. II, p. 220_],
+1645.
+
+The war in England kept servants from coming to us, so as those we had
+could not be hired, when their times were out, but upon unreasonable
+terms, and we found it very difficult to pay their wages to their
+content (for money was very scarce). I may upon this occasion report a
+passage between one Rowley and his servant. The master, being forced to
+sell a pair of his oxen to pay a servant his wages, told his servant he
+could keep him no longer, not knowing how to pay him the next year. The
+servant answered he would serve him for more of his cattle. 'But how
+shall I do' (saith the master) 'when all my cattle are gone?' The
+servant replied, 'You shall then serve me, and so you may have your
+cattle again.'
+
+
+22. YOUNG MEN AND MAIDS ORDERED TO ENTER SERVICE [_Hist. MSS. Com., Vol.
+I., p. 132_], 1655.
+
+At an adjourned sessions on 5 June an order was made that, whereas the
+rate of wages fixed for servants and labourers had been proclaimed, but
+young people, both men and maids, fitting for service, will not go
+abroad to service without they may have excessive wages, but will rather
+work at home at their own hands, whereby the rating of wages will take
+little effect, therefore no young men or maids fitting to go abroad to
+service (their parents not being of ability to keep them) shall remain
+at home, but shall with all convenient speed betake themselves to
+service for the wages aforesaid, which if they refuse to do the Justices
+shall proceed against them.
+
+
+23. REQUEST TO JUSTICES OF GRAND JURY OF WORCESTERSHIRE TO ASSESS WAGES
+[_Hist. MSS. Com., Vol. I, p. 322_], 1661.
+
+Presentments by the Grand Jury. 1661, Ap. 23. We desire that the
+overseers of parishes may not be hereafter compelled to provide houses
+for such young persons as will marry before they have provided
+themselves with a settling. We desire that servants' wages may be rated
+according to the statute, for we find the unreasonableness of servants'
+wages a great grievance so that the servants are grown so proud and idle
+that the master cannot be known from the servant except it be because
+the servant wears better clothes than his master.[294] We desire that
+the statute for setting poor men's children to apprenticeship be more
+duly observed, for we find the usual course is that if any are
+apprenticed it is to some petty trade, and when they have served their
+apprenticeship they are not able to live by their trades, whereby not
+being bred to labour they are not fit for husbandry. We therefore desire
+that such children may be set to husbandry for the benefit of tillage
+and the good of the commonwealth.
+
+[Footnote 294: The last clause is scratched through in the original.]
+
+
+24. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF STATUTE OF ARTIFICERS[295]
+[_Privy Council Register, Oct. 29, 1669_].
+
+Upon reading this day at the board the humble Petition of Francis
+Kiderbey of Framlingham ... draper, setting forth that he served his
+apprenticeship for 7 years in the City of London to a Tailor, whereby he
+came to the knowledge and skill of all sorts of cloth, and used and
+exercised the same for a long time; that the petitioner's occasions
+calling him to live in Framlingham aforesaid, and that town wanting one
+that dealt in cloth, the petitioner set up a shop for selling the same,
+and thereby got a good livelihood for himself and family; yet some, out
+of malice, hath caused three bills of Indictment to be presented against
+him at the sessions held at Woodbridge for that county upon the Statute
+made 5 Eliz. c. 4, whereby it is provided that none shall use any manual
+occupations but he that hath been bound seven years an apprentice to
+the same, which Statute, though not repealed, yet has been by most of
+the Judges looked upon as inconvenient to trade and to the increase of
+inventions; that the Petitioner hath removed the said indictments into
+the Court of King's Bench, where judgment will be given against him,
+that statute being still in force, and therefore praying that his
+Majesty will be pleased to give order to his Attorney-General to enter a
+_non prosequi_ for stopping proceedings against him. It was ordered by
+his Majesty in Council that it be and it is hereby referred to Mr.
+Attorney-General to examine the truth of the Petitioner's case, and upon
+consideration thereof to report to his Majesty in Council his opinion
+thereupon, and how far he conceives it may be fit for his Majesty to
+gratify the Petitioner in his said request.
+
+[On Dec. 17, 1669, the Attorney-General reported that Kiderbey was
+liable to the penalty of the Statute, but that the indictments being in
+the King's name, his Majesty might order a _non processe_ to be entered;
+which was ordered to be done.]
+
+[Footnote 295: Quoted Unwin, _Industrial Organization in the Sixteenth
+and Seventeenth Centuries_, App. A, VII.]
+
+
+
+
+SECTION IV
+
+THE RELIEF OF THE POOR AND THE REGULATION OF PRICES
+
+ 1. Regulations made at Chester as to Beggars, 1539--2. A Proclamation
+ Concerning Corn and Grain to be brought into open Markets to be sold,
+ 1545--3. Administration of Poor Relief at Norwich, 1571--4. The first
+ Act Directing the Levy of a Compulsory Poor Rate, 1572--5. The first
+ Act Requiring the Unemployed to be set to Work, 1575-6--6. Report of
+ Justices to Council Concerning Scarcity in Norfolk, 1586--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--8. The Poor Law Act of 1601--9. A note of the Grievances of the
+ Parish of Eldersfield, 1618--10. Petition to Justices of Wiltshire
+ for Permission to Settle in a Parish, 1618--11. Letter from Privy
+ Council to Justices of Cloth-making Counties, 1621-2--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--13. The Licensing of Badgers in Somersetshire, 1630--14.
+ Badgers Licensed at Somersetshire Quarter Sessions, 1630--15. The
+ Supplying of Bristol with Grain, 1630-1--16. Proceedings against
+ Engrossers and other Offenders, 1631--17. Order of Somersetshire
+ Justices Granting a Settlement to a Labourer, 1630-1--18. Report of
+ Derbyshire Justices on their Proceedings, 1631--19. Letter from Privy
+ Council to Justices of Rutlandshire, 1631--20. Judgment in the Star
+ Chamber against an Engrosser of Corn, 1631.
+
+
+The national system of Poor Relief which was built up in the course of
+the sixteenth century was composed of three elements, experiments of
+municipal authorities, Parliamentary legislation, supervision and
+stimulus supplied by the Privy Council. The first step taken by towns
+was usually to organize begging by granting licences to certain
+authorized beggars, while punishing the idler (No. 1); the next to
+provide establishments where necessitous persons could be set to work on
+materials provided at the public expense (No. 3). The action of the
+State followed the same lines of development. During the first three
+quarters of the sixteenth century it (_a_) left the provision of the
+funds needed for relief to private charity, (_b_) directed the relief of
+the "impotent poor," but treated all able-bodied persons in one
+category, that of "sturdy rogues." But in 1572 it recognized the
+inadequacy of voluntary contributions by directing the levy of a
+compulsory poor rate (No. 4), and in 1576 made the important innovation
+of discriminating between persons unemployed because they could not get
+work and persons unemployed because they did not want work, by enacting
+that the former should be set to work on materials provided for them,
+and that the latter should be committed to the House of Correction (No.
+5). The system was completed by the Act for the Relief of the Poor of
+1601 (No. 8). Its administration was in the hands of the Justices of the
+Peace, who were much occupied with questions of settlement (Nos. 9, 10,
+17), with carrying out instructions sent to them by the Privy Council
+for relieving distress (Nos. 12 and 19), and with making reports to the
+Privy Council of their proceedings (No. 18).
+
+The provision of relief was never intended to be, and down to 1640 was
+not, the sole method of coping with problems of distress. It was in its
+origin associated with measures of a preventive character, attempts to
+prevent the eviction of peasants (Part II, Section I, Nos. 9, 10, 13-17,
+20 and 21), occasional attempts to raise wages (Part II, section III,
+Nos. 10, 18, 19 and 20), attempts to prevent employers dismissing
+workpeople in times of trade depression (No. 11), attempts to regulate
+the price of food stuffs and to secure adequate supplies for the markets
+(Nos. 2, 6, 7, 13, 14, 15, 16, 20). In the latter matter, as in many
+others, the Tudor governments tried to make a regularly administered
+national system out of what had for centuries been the practices of
+local bodies. The Justices of the Peace were required in 1545 to inspect
+barns and to compel the owners of supplies of grain to sell it in open
+market (No. 3). Under Elizabeth the system was elaborated. The Justices
+from time to time made returns to the Privy Council of the stocks of
+grain available (No. 6), and of the prices ruling (No. 18); and
+extremely detailed instructions for their guidance were drawn up by
+Burleigh in 1586 (No. 7). The licensing of "Badgers," or dealers in
+corn, was part of their regular business (Nos. 13 and 14); the movement
+of grain from one district to another was carefully supervised (No. 15);
+and engrossers and regrators were frequently brought before them (No.
+16). The efficiency of the system depended very largely on the close
+supervision of local government and economic affairs by the Privy
+Council, and on the fact that offenders against public policy could be
+tried before the Court of Star Chamber. One case before that Court is
+printed below (No. 20). It is interesting as showing both the economic
+ideas upon which the policy of regulating prices was based, and the way
+in which attempts to supervise economic relationships brought the
+government into collision with the interests of the middle and
+commercial classes.
+
+
+AUTHORITIES
+
+ The only modern English writer who deals adequately with the subject
+ of this section is Miss E.M. Leonard, _The Early History of English
+ Poor Relief_. Short accounts of different aspects of the subject are
+ given by Cunningham, _English Industry and Commerce, Modern Times_,
+ Part I; Ashley, _Economic History_, Chap. V; Nicholls, _History of
+ the Poor Law_; Rogers, _Six Centuries of Work and Wages_; Tawney,
+ _The Agrarian Problem in the Sixteenth Century_; Gasquet, _Henry VIII
+ and the English Monasteries_; _Oxford Historical and Literary
+ Studies_, I, _Elizabethan Rogues and Vagabonds and their
+ Representation in Contemporary Literature_, by Frank Aydelotte;
+ _Oxford Studies in Social and Legal History_, Vol. III, _One Hundred
+ Years of Poor Law Administration in a Warwickshire Village_, by A.W.
+ Ashby. The student may also consult the following:--
+
+ (1) _Documentary authorities_:--Municipal Records (see bibliographies
+ and references under section II) and Quarter Sessions Records (see
+ bibliographies and references under section III); the Statutes of the
+ Realm, Acts of the Privy Council, Calendars of State Papers Domestic,
+ especially under Elizabeth; Reports of the Historical Manuscripts
+ Commission, especially Vol. I (containing Quarter Sessions
+ Proceedings of Wiltshire and Worcestershire), the volumes containing
+ a report on the papers of the Marquis of Salisbury (in particular
+ Part VII), and a report on the papers of the Marquis of Lothian (pp.
+ 76-80).
+
+ (2) Reference to questions of pauperism and prices will be found in
+ contemporary literary authorities set out under section I, in
+ particular in the works of More, Crowley, Lever, Stubbes, Harrison,
+ Bacon and Moore, and in the Commonwealth of this realm of England.
+ Awdeley, Fraternity of Vagabonds (1561, Early English Text Society),
+ gives an amusing account of the habits of vagrants.
+
+
+1. REGULATIONS MADE AT CHESTER AS TO BEGGARS [_Morris. Chester in the
+Plantagenet and Tudor Reigns, pp. 355, 356_], 1539.
+
+Henry Gee, Mayor, 31 Henry VIII. [1539]. Forasmuch as by reason of the
+great number of multitude of valiant idle persons and vagabonds which be
+strong and able to serve and labour for their livings, and yet daily go
+on begging within the same city, so that the poor impotent and indigent
+people and inhabiting within the same city and having no other means to
+get their living but only by the charitable alms of good Christian
+people daily want and be destitute of the same, to the great displeasure
+of Almighty God and contrary to good conscience and the wholesome
+statute and laws of our sovereign Lord the King in such case made and
+provided; for reformation whereof it is ordained and established by the
+said city ... that the number and names of all indigent and needy
+mendicant people shall be searched, known and written, and thereupon
+divided in xv parts, and every of them assigned to what ward they shall
+resort and beg within the said city, and in no other place within the
+same, and their names to be written in a bill and set up in every man's
+house within every ward for knowledge to whom they shall give their alms
+and to no other. And if any other person or persons come to any man or
+woman's door, house or person to beg, not having his name in the bill
+within that man's or woman's houses, then the same man or woman to give
+unto the same beggar no manner alms or relief but rather to bring or
+send him to the stocks within the same ward, or else to deliver him to
+the constable of the same ward or the alderman's deputy within the same
+ward, and he to put him in the stocks, there to remain by the space of
+a day and a night; and yet, every man and woman that shall offend in
+using themselves contrary to this ordinance concerning such valiant
+beggars shall for every such offence forfeit xiid., to be levied to the
+use of the common box by the commandment of the alderman of the same
+ward, and for default of payment thereof the same man or woman so
+offending to be committed to the ward by the mayor till it be paid.
+
+And if any of the indigent and poor needy beggars [beg] at any time in
+any other place within this city out of the ward to them assigned as is
+aforesaid, then the same beggar so offending to be punished by the
+mayor's discretion. And further it is ordered that all manner of idle
+persons, being able to labour abiding within the said city and not
+admitted to live by alms within the said city, shall every workday in
+the morning in the time of winter at vi of the clock, and in time of
+summer at iiii of the clock, resort and come unto the high cross of the
+said city, and there to offer themselves to be hired to labour for their
+living according to the king's laws and his statutes provided for
+labourers; and if any person or persons do refuse so to do, then he or
+they so refusing to be committed to ward by the mayor of the said city
+for the time being, there to remain unto such time he or they so
+refusing hath found sufficient sureties to be bound by recognisance
+before the said mayor in a certain sum, so to [do] accordingly to the
+King's laws and statutes aforesaid.
+
+
+2. A PROCLAMATION ... CONCERNING CORN AND GRAIN TO BE CONVEYED AND
+BROUGHT INTO OPEN MARKETS TO BE SOLD [_Br. M. Harleian MSS. 442, fo._
+211][296], 1545.
+
+Forasmuch as it is come to the knowledge of our Sovereign Lord the King,
+how that divers persons, as well his own subjects as others, having more
+respect to their own private lucre and advantage than to the common weal
+of this his Highness's realm, have by divers and sundry means
+accumulated and got into their hands and possession a great number and
+multitude of corn and grain, far above the necessary finding of their
+households, sowing of their lands, paying their rent-corn and performing
+of their lawful bargains of corn without fraud or intrigue; and the
+same of their covetous minds do wilfully detain and keep in their
+possessions without bringing any part or parcel thereof into any market
+to be sold, intending thereby for to cause the prices of corn to rise,
+so that they may sell their corn and grain at such unreasonable prices
+as they will themselves; by reason whereof the prices of corn and grains
+... be raised to such excessive and high prices, that his Majesty's
+loving subjects cannot gain with their great labours and pains
+sufficient to pay for their convenient victuals and sustenance, and
+worse are like to be hereafter, unless speedy remedy be provided in that
+behalf; his Highness, therefore, by the advice of his said most
+honourable council, and by authority of the said act of parliament made
+in the said 31st year of his Majesty's reign, straightly chargeth and
+commandeth all justices of peace ... within 20 days next ensuing the
+publishing of this proclamation according to the said act, and oftener
+after that by their discretions, to assemble themselves together ... and
+that the said justices ... or two of them at the least, shall with all
+convenient speed search the houses, barns and yards of such persons as
+have been accustomed or used to sell corn and grain, and have abundance
+of corn and grain more than shall be necessary for the sowing of their
+lands, paying their rent-corn, performing their said lawful bargains of
+corn, and finding of their houses until the feast of All Saints next
+coming; and where they shall find any such abundance or surplus, shall
+by their discretions straightly ... command in the name of our said
+sovereign lord the king the owner or owners thereof to convey and bring
+or cause to be brought such part and portion of their said corn and
+grain unto the market or markets there near adjoining, or to have such
+other market or markets, where they afore time have used or accustomed
+to sell their corn there to be sold at, and during such time as shall be
+thought meet by the said justices of the peace or two of them at the
+least; the same justices delivering unto every of the said owner and
+owners a bill subscribed with their hands, mentioning and declaring the
+days, places, number and certainty of the bringing of the said corn and
+grain to the said market and markets to be sold, as is aforesaid,
+according to their said commandments and appointments; and if any person
+or persons do wilfully refuse to convey or bring or cause to be brought
+unto the said market or markets to be sold such part or portion of any
+such corn and grain as by the said justices or two of them at the least,
+shall be to him and them limited and appointed as is aforesaid, that
+then every such person and persons so offending shall lose and forfeit
+for every bushel ... 3s. and 4d. ... This proclamation to continue and
+endure until the feast of All Saints next coming and no longer....
+
+[Footnote 296: Quoted Schanz, _op. cit._, Vol. II, pp. 669-671.]
+
+
+3. ADMINISTRATION OF POOR RELIEF AT NORWICH [_Leonard, Early History of
+English Poor Relief, pp. 311-314_], 1571.
+
+[It is ordered] 1. First, that no person or persons old or young shall
+be suffered to go abroad after a general warning given, or be found
+a-begging in the streets at the sermon or at any man's door or at any
+place within the city, in pain of six stripes with a whip.
+
+2. That not any person or persons shall sustain or feed any such beggars
+at their doors, in pain of such fine as is appointed by statute, and
+further to pay for every time fourpence, to be collected by the deacons,
+and to go to the use of the poor of the said City.
+
+3. Item that at the house called the Normans in the convenientest place
+therefore, shall be appointed a working place, as well for men as for
+women, viz. for the men to be prepared fourteen malt querns to grind
+malt and such exercises; and for the women to spin and card and such
+like exercises.
+
+Which working place shall contain to set twelve persons or more upon
+work, which persons shall be kept as prisoners to work for meat and
+drink for the space of twenty and one days at the least, and longer if
+cause serve, and they shall not eat but as they can earn (except some
+friend will be bound for them), that the city shall no more be troubled
+with them; with this proviso that such persons as shall be thither
+committed shall be such as be able to work and daily notwithstanding
+will not work but rather beg, or be without master or husband, or else
+be vagabonds or loiterers.
+
+Which persons shall begin their works at five of the clock in summer,
+viz. from our Lady the Annunciation until Michelmas, and shall end their
+works at eight of the clock at night, and in Winter to begin at six of
+the clock from Michelmas to our Lady, and to end at seven of the clock
+at night or half an hour past, with the allowance of one half hour or
+more to eat and a quarter of an hour to spend in prayer.
+
+And every one sent thither shall be by warrant from the mayor or his
+deputy or deputies to the bailiff there, upon which warrant the bailiff
+shall be bound to receive everyone so sent and set them a-work.
+
+And those that shall refuse to do their works to them appointed or keep
+their hours, to be punished by the whip at the discretion of the wardens
+or bailiff of the house.
+
+ * * * * *
+
+For the bailiff of Bridewell.
+
+Item, upon the said authority be also appointed another officer, to be
+called the bailiff of Bridewell, who is also to be resident there with
+his wife and family, who shall take the charge by inventory from the
+wardens of all bedding and other utensils delivered unto him to the use
+of the workfolks, who shall yearly account with the wardens for the
+same.
+
+And also shall take charge of such vagabonds, men and women, as to them
+shall be committed, enforcing them to work by the hours aforesaid. The
+men to grind malt and other works, and the women to use their hand-deed
+and, except that they work, not to eat.
+
+And to take of them for their victual, and fuel, or other necessaries as
+the price shall be rated and there set up. And to allow them for their
+work by the pound (or otherwise) as shall be rated and set up, and shall
+use such correction as is aforesaid.
+
+And also shall receive all stuff thither brought and see the same truly
+and well used and safely delivered.
+
+And he to provide him of such servants as in his absence or his wife's
+shall see the works done as it ought to be, and to do the house
+business, as washing, making of beds, baking and also to be expert in
+hand-deed to spin, card, etc.
+
+And also to provide one officer surveyor, to go daily about the city,
+with a staff in his hand, to arrest whom that is apt for Bridewell and
+bring them to master mayor or to any of the committees be commanded
+thither.
+
+And as he goeth abroad he shall certify how the works in every ward are
+ordered and occupied, and shall inform master mayor, the committees or
+his master thereof.
+
+And he shall resort to the deacons in every ward, and be aiding unto
+them to bring such as be new comers into the city to master mayor, the
+same presently to be sent away again to the place they came from. And
+likewise shall bring all disordered persons to be punished to Bridewell
+if such shall dwell in any ward, and shall give his whole attendance
+thereupon.
+
+And the said bailiff shall be allowed for himself, his wife, servants
+and surveyors, (if he shall be charged with his whole number of
+prisoners,) for meat, drink and wages thirty pounds by year, whereof he
+shall pay forty shillings a year to a priest to minister service to them
+twice a week, or else, if he have less charge, to have after the rate as
+by the discretion of the committees and wardens of Bridewell shall be
+thought convenient or as they can agree....
+
+ * * * * *
+
+Orders for children and others in wards.
+
+Item, that there be also appointed by the committees or commissioners
+for every single ward so many select women as shall suffice to receive
+of persons within that ward, viz. of women, maidens or children that
+shall be appointed unto them by the committees or deacons, to work or
+learn letters in their house or houses, of the most poorest children
+whose parents are not able to pay for their learning or of women and
+maids that live idly or be disordered to the number of six, eight, ten
+or twelve at the most in any one of their houses.
+
+The same to be driven to work and learn, by the hours appointed in
+Bridewell and with such corrections, till their hands be brought into
+such use and their bodies to such pains as labour and learning shall be
+easier to them than idleness, and as they shall of themselves be able to
+live of their own works with their families as others do.
+
+And every such select woman appointed to take charge of such aforesaid,
+shall see that such as to them be committed shall do their works truly
+and workmanly and be learned profitably, or else to lay sharp correction
+upon them; and every such select woman doing her duty to teach or cause
+to be taught or set a-work, to have for her pains in that behalf twenty
+shillings by year every one of them so appointed and nominated.
+
+And whosoever select woman so appointed shall refuse the same being
+thereunto appointed, shall suffer imprisonment by the space of twenty
+days at the least.
+
+
+4. THE FIRST ACT DIRECTING THE LEVY OF A COMPULSORY POOR RATE [_14 Eliz.
+c._ 5. _Statutes of the Realm, Vol. IV, Part I, pp. 590-98_], 1572.
+
+... And when the number of the said poor people forced to live upon alms
+be by that means truly known, the said justices, mayors, sheriffs,
+bailiffs and other officers shall within like convenient time devise and
+appoint, within every their said several divisions, meet and convenient
+places by their discretions to settle the same poor people for their
+habitations and abidings, if the parish within the which they shall be
+found shall not or will not provide for them; and shall also within like
+convenient time number all the said poor people within their said
+several limits, and thereupon (having regard to the number) set down
+what portion the weekly charge towards the relief and sustentation of
+the said poor people will amount unto within every their said several
+divisions and limits; and that done, they ... shall by their good
+discretions tax and assess all and every the inhabitants, dwelling in
+all and every city, borough, town, village, hamlet and place known
+within the said limits and divisions, to such weekly charge as they and
+every of them shall weekly contribute towards the relief of the said
+poor people, and the names of all such inhabitants taxed shall also
+enter into the said register book together with their taxation, and also
+shall by their discretion within every their said divisions and limits
+appoint or see collectors for one whole year to be appointed of the said
+weekly portion, which shall collect and gather the said proportion, and
+make delivery of so much thereof, according to the discretion of the
+said justices ... and other officers, to the said poor people, as the
+said justices ... and other officers shall appoint them: and also shall
+appoint the overseers of the said poor people by their discretions, to
+continue also for one whole year; and if they do refuse to be overseers,
+then every of them so refusing to forfeit ten shillings for every such
+default.
+
+
+5. THE FIRST ACT REQUIRING THE UNEMPLOYED TO BE SET TO WORK [_18 Eliz.
+c. 3. Statutes of the Realm, Vol. IV, Part I, pp. 610-13_], 1575-6.
+
+... Also to the intent youth may be accustomed and brought up in labour
+and work, and thus not like to grow to be idle rogues, and to the intent
+also that such as be already grown up in idleness and so [be] rogues at
+this present, may not have any just excuse in saying that they cannot
+get any service or work, and then without any favour or toleration
+worthy to be executed, and that other poor and needy persons being
+willing to work may be set on work: be it ordered and enacted by the
+authority aforesaid, that in every city and town corporate within this
+realm, a competent store and stock of wool, hemp, flax, iron or other
+stuff, by the appointment and order of the mayor, bailiffs, justices or
+other head officers having rule in the said cities or towns corporate
+(of themselves and all others the inhabitants within their several
+authorities to be taxed, levied and gathered), shall be provided....
+Collectors and governors of the poor from time to time (as cause
+requireth) shall and may, of the same stock and store, deliver to such
+poor and needy person a competent portion to be wrought into yarn or
+other matter within such time and in such sort as in discretions shall
+be from time to time limited and prefixed, and the same afterwards,
+being wrought, to be from time to time delivered to the said collectors
+and governors of the poor, for which they shall make payment to them
+which work the same according to the desert of the work, and of new
+deliver more to be wrought; and so from time to time to deliver stuff
+unwrought and receive the same again wrought as often as cause shall
+require; which hemp, wool, flax or other stuff wrought from time to
+time, shall be sold by the said collectors and governors of the poor
+either at some market or other place, and at such time as they shall
+think meet, and with the money coming of the sale, to buy more stuff in
+such wise as the stocks or store shall not be decayed in value....
+
+
+6. REPORT OF JUSTICES TO COUNCIL CONCERNING SCARCITY IN NORFOLK[297]
+[_S.P.D. Eliz., Vol. 191, No. 12_], 1586.
+
+May it please your honours, after the remembrance of our humble duties
+to be advertized; that for a further proceeding in the accomplishment of
+your honourable letters concerning the furnishing of the markets with
+corn, we have according to our former letters of the ixth of June last,
+met here together this day for conference therein. And perusing all our
+notes and proceedings together, we find that throughout this shire by
+such order as we have taken with owners and farmers and also badgers and
+buyers of corn and grain, the markets are by them plentifully served
+every market day with corn, and the same sold at reasonable rates, viz.
+wheat at xxiis., the quarter, rye at xvis., malt at xiiiis., and barley at
+xiis., of which kinds of corn the poorer sort are by persuasion served
+at meaner prices. And so we doubt not but it shall likewise continue
+according to our direction until it shall please God that new corn may
+be used. And hereof thinking it best in performance of our duties to
+advertize your honours, we humbly take our leave. From Attlebrigge the
+xith of July 1586.
+
+Your ho: humble at commandment ...
+
+[Signature of Justices.]
+
+[Footnote 297: Quoted Leonard, _Early History of English Poor Relief_,
+pp. 316-17.]
+
+
+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
+[_Lansdowne MSS., 48, f. 128, No. 54_[298]], 1586.
+
+That the sheriffs and justices of the peace by speedy warning of the
+sheriff shall immediately upon receipt of these orders assemble
+themselves together, and shall take amongst them into their charge by
+several divisions all the hundreds, rapes, or wapentakes of the said
+county.
+
+_Item_, every company so allotted out shall forthwith direct their
+precepts unto the said sheriff to warn the high constables,
+under-constables, and others the most honest and substantial inhabitants
+... to appear before them, ... and upon the appearance of the said
+persons they shall divide them into so many juries as they shall think
+meet, giving instruction to the said sheriff to return as few of such as
+be known great farmers for corn or have store of grain to sell as he
+can; ...
+
+_Item_, they shall first declare the cause why they are sent for ... and
+then they shall give them the oath following:--
+
+The Juries' Oath.
+
+You shall swear, etc., that you shall enquire and make true and due
+search and trial what number of persons every householder that hath corn
+in their barns, stacks or otherwhere, as well justices of the peace as
+others whatsoever within the parish of ..., have in their houses; what
+number of acres they have certainly to be sown this year with any manner
+of grain; what bargains they have made with any persons for any kind of
+grain to be sold by or to them; to whom and by whom and upon what price
+they have made the same, and what quantity of any manner of grain they
+or any other have in their barns, garners, lofts, cellars or floors or
+otherwise to be delivered unto them upon any bargain.
+
+_Item_, what number of badgers, ladders, broggers or carriers of corn do
+inhabit within the said parish, and whither they do use to carry their
+corn they buy, and where they do usually buy the same and what their
+names be, and how long they have used that trade, and by whose license,
+and to see the same licenses of what tenor they are of.
+
+_Item_, what number of maltmakers, bakers, common brewers or tipplers
+dwell within the said parish, and who they are by name, and how long
+they have used that trade, and how much they bake or brew in the week,
+and what other trade they have whereby otherwise to live.
+
+_Item_, who within the same parish be the great buyers of corn, or do
+buy, or have bought any corn or grain, to sell again, or have sold it
+again since midsummer last.
+
+_Item_, who within the same parish buyeth or have bought or sold any
+corn upon the ground, of whom and to whom hath the same been bought or
+sold and at what prices, and to certify unto us of the premises and of
+every part thereof.
+
+That the said justices of the peace, having received ... the verdicts of
+the said juries, ... shall call ... such persons before them of every
+parish as upon the presentment so made shall appear to have corn to
+spare, and upon due consideration of the number of persons which each
+hath in his house according to their qualities, and of the quantity of
+grain the party hath toward the finding of the same or otherwise to be
+spent in his house and sowing of his grounds, allowing to every
+householder for his expenses in his house for every person thereof
+according to their quality sufficient corn for bread and drink, between
+this and the next harvest, and for their seed after the rate of the
+sowing of that country upon an acre; and (_sic_) that they shall bind
+all such as shall appear to have more of any kind of grain than shall
+serve to uses above mentioned, as well justices of the peace as other,
+by recognizance in some good reasonable sums of money to observe the
+orders ensuing, viz., ...
+
+You shall bring or cause to be brought weekly so many quarters or
+bushels of corn as wheat, rye, barley, malt, peas, beans, or other
+grain, or so much thereof as shall not be directly sold to the poor
+artificers or day labourers of the parish within which you dwell by
+order of the justice of the peace of the division within which you do
+dwell or two of them, to the market of ..., there to be by you or at
+your assignment sold unto the Queen's subjects in open market by half
+quarters, two bushels, one bushel or less as the buyer shall require of
+you, and not in greater quantity, except it be a badger or carrier of
+corn admitted according to the statute, or to a common known brewer or
+baker, ... and you shall not willingly leave any part of your corn
+unsold if money be offered to you for the same by any that are permitted
+to buy the same after the usual price of the market there that day,
+neither shall you from the beginning of the market to the full end
+thereof keep or cause to be kept any part of your said corn out of the
+open sight of the market....
+
+Ye shall buy no corn to sell it again.
+
+Ye shall neither buy nor sell any manner of corn but in the open market,
+unless the same be to poor handicraftsmen or day-labourers within the
+parish where you do dwell that cannot conveniently come to the market
+towns by reason of distance of place, according to such direction as
+shall be given unto you in that behalf by the justices of the peace of
+that division within which you do dwell, or two of them, and to none of
+these above one bushel at a time.
+
+That the justices of the peace within their several divisions have
+special regard that engrossers of corn be carefully seen unto and
+severely punished according to the law, and where such are found, to
+make certificate thereof and of the proofs to the Queen Majesty's
+attorney general for the time being, who is directed speedily to inform
+against them for the same, and to see also that none be permitted to buy
+any corn to sell again but by special license.
+
+That they take order with the common bakers for the baking of rye,
+barley, peas, and beans for the use of the poor, and that they appoint
+special and fit persons diligently to see their people well dealt
+withall by the common bakers and brewers in all towns and places in
+their weight and assize, and effectually to enquire for and search out
+the default therein, and thereupon to give order for punishment of the
+offenders severely according to the law, and where any notable offence
+shall be in the bakers, to cause the bread to be sold to the poorer sort
+under the ordinary prices in part of punishment of the baker.
+
+That no badgers of corn, bakers or brewers, do buy any grain, or covin
+or bargain for the same, but in the time of open market, and that but by
+license under the hand of the justices of the division where they do
+dwell, or three of them, and that they weekly bring their license with
+them to the market where they do either buy or sell, and that the
+license contain how much grain of what kind and for what place they are
+licensed to buy and carry, that there be set down upon the license the
+day, place, quantity and price the corn is bought at, that they take but
+measurably for the carriage, baking and brewing thereof, that they show
+their book weekly to such as the justice of the division wherein they
+dwell shall appoint, being no bakers or badgers of corn. And that those
+persons every 14 days make report to the justice of the division wherein
+they dwell how the people are dealt withall by the badgers, bakers and
+brewers. And that such as have otherwise sufficient to live on, or that
+are known to be of any crime or evil behaviour, be not permitted to be
+badgers of corn, nor any badgers to be permitted but such as the statute
+doth limit, and that none be permitted to buy or provide corn in the
+market in gross as badger or baker and such like, upon pain of
+imprisonment, until one hour after the full market be begun, that the
+poor may be first served.
+
+That the said justices, or two or one of them, at the least, in every
+division, shall be personally present at every market within their
+several divisions to see the orders to be taken by the authority hereof
+to be well observed, and the poor people provided of necessary corn, and
+that with as much favour in the prices as by earnest persuasion of the
+justices may be obtained; ...
+
+That all good means and persuasions be used by the justices in their
+several divisions that the poor may be served of corn at convenient and
+charitable prices.
+
+That there be no buying or bargaining for any kind of corn but in open
+market, and that the justices in their several divisions restrain common
+maltsters of making barley-malt in those countries and places where
+there be oats sufficient to make malt of for the use of the people, and
+to restrain as well the brewing of barley-malt by or for ale houses or
+common tipplers in those countries and places, as also the excess use of
+any kind of malt by all common brewers in all alehouses and common
+tippling houses wheresoever, and that sufficient bonds be taken of all
+common brewers, maltsters and common tipplers, according to the true
+meaning of this article, and that the unnecessary number of alehouses
+and common tipplers be forthwith suppressed in all places, and that
+direction be given to all tippling houses, taverns and alehouses not to
+suffer any persons to repair thither to eat and drink at unseasonable
+times.
+
+That the justices use all other good means that are not mentioned in
+these orders that the markets be well served and the poor relieved in
+their provisions during this time of dearth, and that no expense of any
+grain meet for bread to feed men be wasted upon feeding of beasts,
+neither that any be spent in making of a stuff called starch, as of late
+there hath been discovered great quantity expended in that vain matter
+being in no sort to be suffered to continue.
+
+That the justices be straightly commanded to see by all good means that
+the able people be set on work, the houses of correction provided and
+furnished, and there idle vagabonds to be punished.
+
+That the justices do their best to have convenient stock to be provided
+in every division or other place, according to the statute for setting
+the poor awork, and the justices to use all other good and politic means
+within their several divisions to continue and maintain the poor people
+in work within the parish, or at the furthest, within the hundred or
+division.
+
+That the maimed or hurt soldiers and all other impotent persons be
+carefully seen unto to be relieved within their several parishes,
+hundreds or divisions, according to the law therefor provided, and that
+where the provisions formerly made be not sufficient it may be now for
+this time of dearth increased; and where one parish is not able to give
+sufficient relief to such their poor, that parish to have the supply of
+such parishes near adjoining as have fewer poor and are better able to
+give relief, and that no vagabond or sturdy beggar, or any that may
+otherwise get their living by their labours, be not suffered to wander
+abroad under colour of begging in any town or highway, and that the
+justices do presently give order that there be persons sufficiently
+weaponed to assist the constables of every town to attach such vagabonds
+both in their town-side and highways, and to commit them to prison
+without bail, but as two of the justices of the peace near that division
+shall order, and if the township shall not observe this order for the
+attaching and punishment of the said vagabonds, then the justices shall
+see due punishment by fine upon the whole township, or upon such parties
+in the town as shall be found in fault.
+
+That the justices of the peace do once every month certify their doings
+and proceedings by force of these instructions unto the sheriff of the
+said county, in which certificate they shall also make certificate of
+such justices as shall be absent from any of these services, and the
+true cause of their absence, and shall also certify the usual prices of
+all kinds of grain in their markets for that month past, of all which
+the same sheriff to certify the Privy Council once in every forty days
+at the farthest, so as that default in any justice that shall be absent
+may be duly considered and corrected by authority of his Majesty's
+council as reason shall require, and so as such persons as are placed as
+justices for their credit may not continue in those rooms, wherein they
+shall be found not disposed to attend such a necessary and godly service
+as this is, but others of better disposition may supply those rooms, if
+there shall be need of any such number, as in most places is thought not
+very needful, the number being in common opinion more hurtful than
+profitable to justice.
+
+And if any shall offend against the true meaning of these instructions,
+or any part thereof, or shall use any sinister means to the defrauding
+thereof, that such be severely punished according to the laws, and for
+such obstinate persons as shall not conform themselves the justices
+shall at their pleasure bind to appear before the Queen Majesty's Privy
+Council by a day certain, there to be further dealt with by severe
+punishment for the better ensample of all others....
+
+[Footnote 298: Quoted Leonard, _Early History of English Poor Relief_,
+pp. 318-26.]
+
+
+8. THE POOR LAW ACT OF 1601 [_43 and 44 Eliz. c. 2. Statutes of the
+Realm, Vol. IV, Part II, pp. 962-5_], 1601.
+
+Be it enacted by the authority of this present parliament, that the
+churchwardens of every parish, and four, three or two substantial
+householders there as shall be thought meet, having respect to the
+apportion and greatness of the same parish or parishes, to be nominated
+yearly in Easter week or within one month after Easter, under the hand
+and seal of two or more justices of the peace in the same county,
+whereof one to be of the _quorum_, dwelling in or near the same parish
+or division where the same parish doth lie, shall be called overseers of
+the poor of the same parish: and they or the greater part of them shall
+take order from time to time, by and with the consent of two or more
+such justices of peace as is aforesaid, for setting to work of the
+children of all such whose parents shall not by the said churchwardens
+and overseers or the greater part of them be thought able to keep and
+maintain their children; and also for setting to work all such persons
+married or unmarried having no means to maintain them, [or] use no
+ordinary and daily trade of life to get their living by; and also to
+raise weekly or otherwise, by taxation of every inhabitant parson, vicar
+and other, and of every occupier of lands, houses, tithes impropriate or
+propriations of tythes, coal mines or saleable underwoods, in the said
+parish, in such competent sum and sums of money as they shall think fit,
+a convenient stock of flax, hemp, wool, thread, iron and other necessary
+ware and stuff to set the poor on work, and also competent sums of money
+for and towards the necessary relief of the lame, impotent, old, blind
+and such other among them being poor and not able to work, and also for
+the putting out of such children to be apprentices, to be gathered out
+of the same parish according to the ability of the same parish; and to
+do and execute all other things as well for the disposing of the said
+stock as otherwise concerning the premises as to them shall seem
+convenient: which said churchwardens and overseers so to be nominated,
+or such of them as shall not be let by sickness or other just excuse to
+be allowed by two such justices of peace or more as aforesaid, shall
+meet together at the least once every month in the church of the said
+parish, upon the Sunday in the afternoon after Divine Service, there to
+consider of some good course to be taken and of some meet order to be
+set down in the premises, and shall within four days after the end of
+their year and after other overseers nominated as aforesaid, make and
+yield up to such two justices of peace as is aforesaid a true and
+perfect account of all sums of money by them received, or rated and
+assessed and not received, and also of such stock as shall be in their
+hands or in the hands of any of the poor to work, and of all other
+things concerning their said office; and such sum or sums of money as
+shall be in their hands shall pay and deliver over to the said
+churchwardens and overseers newly nominated and appointed as aforesaid;
+...
+
+And be it further enacted that it shall be lawful for the said
+churchwardens and overseers, or the greater part of them, by the assent
+of any two justices of the peace aforesaid, to bind any such children as
+aforesaid to be apprentices, where they shall see convenient, till such
+man-child shall come to the age of four and twenty years, and such
+woman-child to the age of one and twenty years, or the time of her
+marriage; the same to be as effectual to all purposes as if such child
+were of full age, and by indenture of covenant bound him or herself.
+
+And the said justices of peace or any of them to send to the house of
+correction or common gaol such as shall not employ themselves to work,
+being appointed thereunto as aforesaid.
+
+
+9. A NOTE OF THE GRIEVANCES OF THE PARISH OF ELDERSFIELD [_Hist. MSS.
+Com. Vol. I, pp. 298-299_], 1618.
+
+There are divers poor people in the said parish which are a great
+charge. Giles Cooke, not of our parish, married a widow's daughter
+within our parish, which widow is poor and lives in a small cottage,
+which is like to be a charge. Joan Whiple had lived 40 years and upward
+in the parish with a brother, as a servant to him; and now that she has
+grown old and weak he has put her off to the parish; she was taken
+begging within the parish and was sent to Teddington, where she said she
+was born, but that parish has sent her back again. Elzander Man, born in
+Forthampton, in the county of Gloucester, married a wife within the
+parish, who was received by her mother till she had two children; the
+said wife is now dead, and he is gone into Gloucestershire and has left
+his children to the keeping of the parish. Thomas Jones, born at
+Harfield, in the county of Gloucester, married a wife within the parish,
+and has two children; the said Jones being now gone, the parishioners
+would know if they might send the woman to her husband, or to the place
+where she or her husband was born.... Francis Gatfield has gone from the
+parish, leaving his child and some goods and money; the child is left in
+charge of the parish and the goods with his brother and sister; the
+parishioners desire to know whether they may not avoid keeping the child
+or seize the said goods towards its maintenance.
+
+
+10. PETITION TO JUSTICES OF WILTSHIRE FOR PERMISSION TO SETTLE IN A
+PARISH [_Hist. MSS. Com., Vol. I, p. 298_], 1618.
+
+Petitioner doth give you to understand that he was born in Stockton
+within this county, and has been bred up in the same parish, and most of
+my time in service; and have taken great pains for my living all my time
+since I was able, and of late I fortuned to marry with an honest young
+woman, and my parishioners not willing that I should bring her in the
+parish, saying we would breed a charge among them. Then I took a house
+in Bewdley, and there my wife doth yet dwell and in confines
+thereabouts, and I send or bring my wife the best relief I am able, and
+now the parish of Bewdley will not suffer her to dwell there for doubt
+of further charge. Right worshipful, I most humbly crave your good aid
+and help in this my distress, or else my poor wife and child are like to
+perish without the doors. And this, right worshipful, I do humbly crave,
+that by your good help and order to the parish of Stockton I may have a
+house there to bring my wife and child unto, that I may help them the
+best I can.
+
+
+11. LETTER FROM PRIVY COUNCIL TO JUSTICES OF CLOTH-MAKING COUNTIES[299]
+[_Privy Council Register, Feb. 9th, 1621-2_], 1621-2.
+
+We do hereby require you to call before you such clothiers as you shall
+think fitting, and to deal effectually with them for the employment of
+such weavers, spinners and other persons as are now out of work, where
+we may not omit to let you know, that as we have employed our best
+endeavours in favour of the clothiers both for the vent of their cloth
+and for moderation in the price of wool (of which we hope they shall
+speedily find the effects), so may we not endure that the clothiers in
+that or any other county should at their pleasure, and without giving
+knowledge thereof unto this Board, dismiss their workfolks, who, being
+many in number and most of them of the poorer sort, are in such cases
+likely by their clamours to disturb the quiet and government of those
+parts wherein they live. And if there shall be found greater numbers of
+poor people than the clothiers can receive and employ, we think it fit
+and accordingly require you to take order for putting the statute in
+execution, whereby there is provision made in that behalf by raising of
+public stocks for the employment of such in that trade as want work.
+Wherein if any clothier shall after sufficient warning refuse or neglect
+to appear before you, or otherwise shall obstinately deny to yield to
+such overtures in this case as shall be reasonable and just, you shall
+take good bonds of them for refusing to appear before us, and
+immediately certify their names unto this Board ...; this being the rule
+by which both the woolgrower, the clothier and merchant must be
+governed, that whosoever had a part of the gain in profitable times
+since his Majesty's happy reign, must now in the decay of trade ... bear
+a part of the public losses as may best conduce to the good of the
+public and the maintenance of the general trade.
+
+[Footnote 299: Quoted Leonard, _Early History of English Poor Relief_,
+pp. 147-8.]
+
+
+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[300] [_Privy Council Register, Chas. I, Vol. V, f. 263_],
+1629.
+
+Whereas we by special directions of his Majesty did lately commend unto
+your care the present state of those parts of your county where the poor
+clothiers and their workmen at present destitute of work might some
+other way be employed or for the time be relieved till some
+obstructions to trade were removed, as also to keep in order those that
+are loose and ill disposed people; to which end his Majesty, by advice
+of his Privy Council and the Judges, hath lately published a
+proclamation declaring his pleasure and command in what manner the truly
+poor and impotent should be relieved, those of able bodies should be set
+on work and employed in honest labour, and the sturdy, idle and
+dangerous rogues and vagabonds should be repressed and punished, which
+proclamation you shall herewith likewise receive; now, because we
+understand that in your county there is more than ordinary occasion to
+use all diligence and industry at this time, we have thought fit to put
+you more particularly in mind thereof, and in answer of your letters to
+let you know that it is the resolution of all the judges, that by the
+law you have sufficient power and ought to raise means out of the
+several parishes, if they be of ability, or otherwise in their defect,
+in their several hundreds, lathes or wapentakes, and for want of their
+ability (to set your poor on work and to relieve the aged and impotent
+not able to work) in the whole body of the county; wherefore his Majesty
+commands that the ways provided by law in these cases be duly followed
+with all diligence and possible speed. You are required to understand
+the true state of the country from the ministers, churchwardens and
+overseers of the several parishes within your several divisions. And
+what rests herein to be done by order at the quarter sessions, the
+judges advise that for this purpose you may call the quarter sessions
+sooner then the ordinary set times, and do that which in this case is so
+requisite.
+
+Further we let you to know, that such hath been his Majesty's care and
+personal pains taken to remove these impediments that of late have been
+to trade, and to open a free vent to the commodities of your country,
+that yourselves will shortly see the fruits of it to your comforts;
+nevertheless in the meantime these things provided by the law, and the
+helps that by your care may be added, are in no sort to be neglected,
+but exactly pursued; of which your proceedings we, are to be advertised
+that so we may render account thereof to his Majesty.
+
+And so, etc.
+
+[Footnote 300: Quoted Leonard, _Early History of English Poor Relief,
+pp. 336-7_.]
+
+
+13. THE LICENSING OF BADGERS IN SOMERSETSHIRE [_Somerset Quarter
+Sessions Records, Vol. 24, p. 120_], 1630.
+
+This Court taking notice of the great prices of corn and butter and
+cheese and all other commodities, it was ordered that from henceforth no
+badger whatsoever be licensed but in open sessions, and shall first
+enter into recognizance and be entered by the clerk of the peace into
+his book of records, and also that all maltsters do the like before any
+justice do sign and seal his licence.
+
+
+14. BADGERS LICENSED AT SOMERSETSHIRE QUARTER SESSIONS [_Somerset
+Quarter Sessions Records, Vol. 24, p. 119_], 1630.
+
+To Edith Doddington of Hilbishopps, widow, to be a badger of butter and
+cheese and to carry the same into the counties of Wilts, Hampshire,
+Dorset and Devon, and to return again laden with corn, and to sell it
+again in any fair or market within this county during one whole year now
+next ensuing; and she is not to travel with above three horses, mares,
+or geldings at the most part; for performance whereof Mr. Symes is to
+take her recognizance, granted by John Homer, John Symes, John
+Harington.
+
+To Thomas Rawlings of Lympsham to buy corn in the counties of Wilts and
+Somerset to sell the same again in the city of Bristol, Mr. Harington to
+take the recognizance. Ro. Phelipps, Pa. Godwyn.
+
+To Anthony Banbury of Pitney to buy barley and oats, and the same to
+convert into malt, and to sell again in any fair, and to travel not with
+above two horses, geldings or mares at the most. Ro. Phelipps, He.
+Berkley, Pa. Godwyn, John Harington.
+
+
+15. THE SUPPLYING OF BRISTOL WITH GRAIN [_Somerset Quarter Sessions
+Records, Vol. 24, pp. 145-6, No. 33_], 1630-1.
+
+Whereas it is entreated on the behalf of the city of Bristol that their
+purveyors, drivers, and higglers may buy and carry away for the
+necessary provision of the said city such quantities of corn as may be
+conveniently spared within the markets of this county, and that they may
+freely carry through the said county such corn and grain as they shall
+buy in the counties adjacent: It is therefore thought fit and ordered,
+that these purveyors, drivers and higglers may buy, drive, and carry in
+and through the said county such proportions thereof as shall by us the
+justices of peace in our several divisions be thought convenient to be
+bought, driven, and carried and no more, so as the said purveyors,
+drivers and higglers be lawfully licensed so to do; and this our order
+to stand in force for the space of forty days, that in the mean time a
+joint conference may be had according to his Majesty's directions in
+that behalf with some of the magistrates of the said city and of the
+justices of such adjacent counties as the premises shall concern, and
+this Bench doth depute Sir Henry Berkeley, Sir John Horner, Kts., Robte
+Hopton, Esqr., and Sir Ralph Hopton, Knight, or any three or two of them
+to meet, treat and conclude with them in the said conference.
+
+
+16. PROCEEDING AGAINST ENGROSSERS AND OTHER OFFENDERS [_Somerset Quarter
+Sessions Records, Vol. 24, p. 152, No. 19_], 1631.
+
+General Sessions of the Peace held at Ivelchester the 19th, 20th, 21st
+and 22nd days of April, 7 Charles (1631).
+
+Richard Granger maketh oath against William Hurde of Walton, yeoman,
+James Hurde of the same, Richard Pinckard of the same, yeoman, for
+buying corn in ground; against Jacob Hill of Halse, using a trade of
+clothing not being apprentice, William Rowswell of Wellington for
+regrating of cheese, Jacob Androwse of Bridgwater and Thomas Prinne of
+Somerton, partners, for buying corn in ground, John Durston of Wilton
+for buying and selling within five weeks, George Thome of Stogursey and
+John Brewer of Combwitch for the same offence, Edmund Galle of
+Bridgwater for taking extortion, Richard. Barker of Godnye in the parish
+of Meare for maintaining a cottage that hath not four acres of land.
+
+
+17. ORDER OF SOMERSETSHIRE JUSTICES GRANTING A SETTLEMENT TO A LABOURER
+[_Somerset Quarter Sessions Records, Vol. 24, p. 139, No. 4_], 1630-1.
+
+General Sessions of the Peace held at Wells the 11th, 12th, 13th and
+14th days of January, 6 Charles.
+
+Lyonell Wills having petitioned this Court, showing that whereas he
+hath remained in the parish of Tintenhull for the space of five years
+now last past, three years whereof he served as a labouring servant, and
+the two last years as a married man, although not with the consent of
+some of the parish, and during the said two latter years after he became
+a married man he endeavoured to take a house within the said parish for
+his money without any charge to the said parish; and some of the said
+parish hath forbidden him to remain there any longer and threateneth
+him, and those that would set or let him any house, to impose great
+pains on them that shall receive him or let him any house, whereby he is
+inforced to travel from place to place with his wife and children, and
+thereby doubteth that he shall in the end be taken as a vagrant; which,
+the Court taking into consideration, have thought fit to order that the
+said Lionell Wills be settled at Tintenhull, as they conceiveth by law
+he ought to be, if his petition be true. And that the said parishioners
+upon sight of this order do there receive him, and suffer him to be and
+abide, until they shall show good cause to the contrary to this Court.
+And that they do suffer him to take a house for his money within the
+said parish, which if they shall refuse to do, or impose any fines or
+pains upon those that shall set or let any house unto him or shall be
+willing thereunto, that then upon complaint thereof made unto Sir Robte
+Phelipps, Knight, or Thomas Lyte, Esqr., or either of them, they finding
+his petition to be true will be pleased to bind all such parties to the
+next Sessions as shall refuse thus to receive him or to trouble any that
+shall let set them a house to dwell in.
+
+
+18. REPORT OF DERBYSHIRE JUSTICES ON THEIR PROCEEDINGS [_S.P.D., Charles
+I, Vol. 202, No. 54_], 1631.
+
+ Wirksworth Wapentake.
+
+ To Francis Bradshawe, Esq., High Sheriff of the County of
+ Derby.
+
+ Sir,
+
+In pursuit of the orders and directions given us in command as well by
+the printed book as also by several letters sent unto us from the right
+honourable the lords of her Majesty's most honourable Privy Council, we,
+whose names are hereunder written, having within our allotment the
+wapentake or hundred of Wirksworth, have had monthly meetings within
+the said hundred and have summoned both the high constable, petty
+constables, churchwardens, and overseers of the poor within that
+division and hundred to appear before us.
+
+1. And first we have made diligent inquiry how all the said officers and
+others have done their duties in execution of the laws mentioned in the
+Commission, and what persons have offended against any of them, and
+punished such as we have found faulty.
+
+2. We have taken care that the lords and parishioners of every town
+relieve the poor thereof, and they are not suffered to straggle or beg
+up and down either in their parishes or elsewhere. But such poor as have
+transgressed have been punished according to law, and the impotent poor
+there are carefully relieved. We have also taken especial care that both
+the stewards of leets and ourselves in particular have taken care for
+the reformation of abuses in bakers, alehousekeepers, breaking of
+assize, forestallers and regrators, against tradesmen of all sorts for
+selling with underweight, and have made search in market towns and other
+places and taken away and burned very many false weights and measures,
+and taken order for the punishing of the said offenders.
+
+3. We have made special inquiry of such poor children as are fit to be
+bound apprentices to husbandry and otherwise, and of such as are fit to
+take apprentices, and therein we have taken such course as by law is
+required. And we find none refuse to take apprentices, being thereunto
+required.
+
+4. We do not find upon our inquiry that the statute for labourers and
+ordering of wages is deluded, and the common fashion of none essoyning
+of course is restrained.
+
+5. The weekly taxations for relief of the poor in these times of
+scarcity is raised to higher rates, and we have further observed the
+course appointed in the fifth article.
+
+6. We have taken order the petty constables within our said division are
+chosen of the ablest parishioners.
+
+7. Watches in the night and warding by day are appointed in every town
+for apprehension of rogues and for good order, and we have taken order
+to punish such as we have found faulty.
+
+8. We have taken care that the high constable doth his duty in
+presenting to us the defaults of the petty constables for not punishing
+the rogues and in presenting to us the defaulters.
+
+9. We find none presented to us that live out of service and refuse to
+work for reasonable wages.
+
+10. We have one House of Correction at Ashborn within our wapentake,
+which is near the town prison, where such as are committed are kept to
+work.
+
+11. We have punished several persons for harbouring rogues in their
+barns and outhouses, and have observed the further directions of the
+11th article.
+
+12. We have had care to see that all defects and defaults in the
+amending of highways be redressed, and the defaulters have been
+presented to the next quarter sessions and punished.
+
+And as touching their lordships' letters and orders directed concerning
+corn and enclosures, we do at our monthly meetings take a strict account
+that the former orders therein taken by us in pursuit thereof be duly
+observed and put in execution, and particularly none sell such corn (as
+they are appointed to sell out of the market) but to the poor of the
+said parish. And neither the petty constable nor any other officer can
+(as they inform us) present any engrossers of corn, etc., or
+forestallers of markets.
+
+The prices of corn (considering the times) are not on our markets in our
+opinion unreasonable, but are as follow, viz., wheat for the strike 5s.,
+four peck making a strike, rye 4s., barley 3s. 4d., malt 5s., peas 4s.,
+oats 2s. 6d.
+
+We have made especial inquiry touching enclosures made within these two
+years, but find very few within our division, for the most of our
+wapentake hath been long since enclosed. Howsoever some few hath been
+presented, which we have commanded to throw down, and have stayed the
+proceedings of such enclosures as have been lately begun and are not
+finished.
+
+We have no maltmakers in this wapentake but for their own use.
+
+We have put down a full third part of all the alehouses within this
+wapentake; yet there are so great a multitude of poor miners within this
+wapentake that we are enforced to leave more alehousekeepers than
+otherwise we would.
+
+We have taken order for the binding all cooks, alehousekeepers,
+victuallers and butchers within this hundred that they neither dress nor
+suffer to be dressed or eaten any flesh during the time of Lent or
+other days prohibited, and our recognizances to that purpose do remain
+with the Clerk of the Peace, to be by him certified according to the
+statute.
+
+ John Fitzherbert.
+ Chr. Fulwood.
+
+
+19. LETTER FROM PRIVY COUNCIL TO JUSTICES OF RUTLANDSHIRE[301] [_Privy
+Council Register, Vol. VI, f. 345_], 1631.
+
+Whereas we have been made acquainted with a letter written by John
+Wildbore, a Minister in and about Tinwell within that county, to a
+friend of his here, wherein after some mention by him made of the
+present want and misery sustained by the poorer sort in those parts
+through the dearth of corn and the want of work, he doth advertize in
+particular some speeches uttered by a shoemaker of Uppingham (whose name
+we find not) tending to the stirring up of the poor thereabout to a
+mutiny and insurrection; which information was as followeth, _in hæc
+verba_: "Hearest thou?" saith a shoemaker of Uppingham to a poor man of
+Liddington, "If thou wilt be secret I will make a motion to thee." "What
+is your motion?" saith the other. Then said the shoemaker, "The poor men
+of Okeham have sent to us poor men of Uppingham, and if you poor men of
+Liddington will join with us, we will rise, and the poor of Okeham say
+they can have all the armour of the country in their power within half
+an hour, and in faith (saith he) we will rifle the churls." Upon
+consideration had thereof, however this Board is not easily credulous of
+light reports nor apt to take impression from the vain speeches or
+ejaculations of some mean and contemptible persons; yet because it sorts
+well with the care and providence of a state to prevent all occasions
+which ill-affected persons may otherwise lay hold of under pretence and
+colour of the necessity of the time, we have thought good hereby to will
+and require you, the Deputy Lieuts. and Justices of peace next
+adjoining, forthwith to apprehend and take a more particular examination
+as well of the said shoemaker as of such others as you shall think fit
+concerning the advertizement aforesaid; and that you take especial care
+that the arms of that county in and about those parts be safely disposed
+of; and likewise (which is indeed most considerable and the best means
+to prevent all disorders in this kind) that you deal effectually in
+causing the market to be well supplied with corn and the poor to be
+served at reasonable prices and set on work by those of the richer sort,
+and by raising of stock to relieve and set them on work according to the
+laws. All which we recommend to your especial care, and require an
+account from you of your doings and proceedings herein with all
+convenient expedition.
+
+And so, etc.
+
+[Footnote 301: Quoted Leonard, _Early History of English Poor Relief_,
+pp. 338-9.]
+
+
+20. JUDGMENT IN THE STAR CHAMBER AGAINST AN ENGROSSER OF CORN [_Camden
+Society. Cases in the Courts of Star Chamber and High Commission, edited
+by S.R. Gardiner_], 1631.
+
+_In Camera Stellata, Michaelmas, 7o Caroli._
+
+One Archer of Southchurch in Essex was brought _ore tenus_, being then
+charged by Mr. Attorney-General for keeping in his corn, and
+consequently for enhancing the price of corn the last year, which
+offence Mr. Attorney affirmed to be of high nature and evil consequence,
+to the undoing of the poor and _malum in se_, and then desired his
+examination taken before the Lord Keeper might be read. His examination
+purported that he had seen at the time of his examining a presentment
+that was made against him by the Grand Jury at the last Assizes in Essex
+before Justice Vernon for the said offence of keeping in his corn and
+enhancing; and for that he had made a bargain to sell the poor of the
+town where he dwelled rye for 7s. a bushell, and afterwards refused to
+perform his bargain unless he might have nine shillings a bushell: he
+denied his bargain, but for his excuse said, he sold to the towns about
+him for the poor, wheat at 7s. and 8s. a bushell, and at the latter end
+of the year for 5s., and rye for 7s., and 6s., etc., and some for 3s. and
+6d. the bushell. He confessed he kept in his corn till June, and that he
+had 8 quarters of wheat, 60 quarters of rye, and 100 quarters of oats,
+and that his family were himself and his wife and daughters, two maids,
+and a man; he confessed that he sold none or very little of his corn in
+Rochford hundred where he dwelt, though he were commanded so to do by
+the Earl of Warwick; yet for his defence he further alleged that his
+barn was not visited by any justices or officers according to his
+Majesty's late proclamation and orders for that purpose, and that he had
+no notice of the said proclamation and orders; lastly, he confessed he
+sold most of his corn at London and Chelmsford, and that he bought his
+seed corn out of market, etc. His examination aforesaid was shewed to
+him and he confessed it to be true, and acknowledged his hand thereunto
+subscribed before it was read in court; and it being read, the Lord
+Keeper demanded of Archer what he could there say for himself, and what
+answer he would make to this accusation. The said Archer saith that he
+could make no other answer than he had made in his examination, and
+submitted himself to the mercy of the Court.
+
+Mr. Attorney desired that their Lordships would proceed to sentence the
+said Archer according to his desert, and withall prayed that a precedent
+of a sentence given in the Star Chamber in the 29 and 30 of Queen
+Elizabeth against one Framingham of Norfolk in the like case might be
+read before their Lordships gave their sentence in this cause; and it
+was read. The said Framingham was accused upon his own confession in
+this Court _ore tenus_ for destroying of husbandry in making cottages of
+his tenants' houses, taking away the land and letting it lie to pasture
+in his own hands, and letting the cottages at dear rates, and
+forstalling the markets, and enhancing the prices of corn, whereupon he
+was fined 500l. to the Queen, and ordered to pay 40l. to the poor, and
+to stand upon a stool in Cheapside with a paper on his head declaring
+his offence, and to lay his land again to the cottages, and to let them
+at reasonable rates.
+
+Justice Harvey delivered his opinion, that whereas it hath pleased God
+to send a plentiful year, and yet the price of corn continued very high,
+himself and the rest of the Justices of the Peace that were in the last
+Quarter Sessions in Hertfordshire assembled, did advise among themselves
+how they might deal with the country to bring down the price, but they
+were afraid to meddle with any thing upon experience of their ill-taking
+what was so well intended by his Majesty, that by the late orders,
+thereupon taking occasion to go on and raise the prices of corn higher;
+he was of opinion that this man's punishment or example will do a great
+deal more good than all their orders which they might have made at the
+Sessions; and therefore he declared his offence to be very great, and
+fit to be punished in this Court; and adjudged him to pay 100 marks fine
+to the King, and 10l. to the poor, and to stand upon the pillory in
+Newgate Market an hour with a paper, wherein the cause of his standing
+there was to be written, put upon his hat, "For enhancing the price of
+corn"; and then to be led through Cheapside to Leadenhall Market, and
+there likewise to stand upon the pillory one hour more with the same
+paper upon his hat, and after this to be sent to Chelmsford, and there
+likewise in the market to stand upon the pillory.
+
+Sir Thomas Richardson affirmed this offence to be an offence at the
+common law long before the King's proclamation and orders, and also
+against some statutes, that his keeping in his corn and not bringing it
+into the next markets by little and little as he ought to have done, and
+selling it at other markets when the price was as high as he would have
+it, was an enhancing the price of corn, and that the Justices in Essex
+did at the common law inquire of such enhancing the price of any
+victuals, and corn was certainly victual, bread the staff of man's life,
+and that keeping in of his corn in this manner was enhancing the prices
+of corn, which is punishable by the statute as well as forestallings,
+and approved of his Majesty's pious and honourable care for his people.
+Also he observed in the defendant's confession that he was guilty of
+forestalling the market, in buying seed corn out of market and not
+bringing so much of his own to supply the same in the next market. He
+therefore condemned the said Archer to be guilty of the said offences,
+and agreed in his said fine to the King, and would have him pay as much
+to the poor as the 100 marks wanted of 100l.
+
+The Bishop of London[302] observed with Mr. Attorney that this was
+_malum in se_, and that this Archer was guilty of a most foul offence,
+which the Prophet hath in a very energetical phrase, "grinding the faces
+of the poor." He commended highly that speech of Justice Harvey, that
+this last year's famine was made by man and not by God, solicited by the
+hard-heartedness of men, and commended this observation as being made by
+his Majesty. And thereupon undertook to clear the wisdom of the Church,
+in ordaining to pray to God that he would be pleased to turn his
+scarcity and dearth, which cruel men (but He never) made, through His
+goodness and mercy into cheapness and plenty. He said that God taketh
+away the hardness and cruelty of men's hearts, which was the cause of
+the famine or scarcity, and He only; and therefore the Church hath very
+wisely ordained as aforesaid. He is glad to hear it declared to be an
+offence against the common law of this realm; and, therefore, seeing it
+had pleased God to load the earth so richly, and also to send so dry a
+time for the inning the same in the harvest, for, if that had wanted,
+all that abundance had been but an uncomfortable load, as we by our sins
+had deserved and was threatened, and yet for all this plenty corn was at
+an extreme rate, and they boast among themselves now they can keep their
+corn as long as they list and no fear of moulding, he thinks fit this
+man be made an example that others may fear to offend in the like kind.
+And assenteth to his fine to be 100 marks, and thinks fit, seeing he
+hath ground the faces of the poor, he should therefore help to seal them
+again, and pay 10l. to the poor; and the rest of the former sentence he
+assented unto. The Earl of Danby consented to the sentence in all,
+adding that he should pay but 10l. to the poor, and to stand likewise
+upon the pillory at the Palace, because some of all countries might take
+notice thereof.
+
+The Earl of Dorset concurred in his sentence with the Earl of Danby, and
+commended my Lord Keeper and Mr. Attorney for their care and pains in
+bringing him to justice, and wished that inquiry should be made if the
+Justices of the Peace had made default in not visiting the said Archer's
+barns. But as for the Earl of Warwick, Sir Thomas Richardson had well
+declared that Lords and Peers of the Parliament were exempted from the
+services of the said orders, and yet that the Lord of Warwick out of his
+care had admonished him, etc.
+
+Lord Privy Seal gave his sentence in few words, that Archer was guilty
+by his own confession of a very great offence, and well worthy the
+sentence aforesaid, and in full consented to it.
+
+The Lord Keeper did affirm that it was indeed a good work to bring this
+man forth to be here sentenced, but that it was brought about by means
+of Justice Vernon, who informed him of the said Archer as being the only
+man presented in all his circuit for offending in this kind, and that to
+him this was to be attributed. He was of opinion, that the said Archer
+was guilty of enhancing the price of corn by keeping in his corn, as is
+confessed, in this time of scarcity, which was not a scarcity made by
+God (for there was enough to be had at dear prices and high rates). He
+affirmed the same to be an offence as well against the common law as
+against some statutes, and also he would not leave out against his
+Majesty's proclamation and orders, for his Lordship held there was an
+aggravation to his offence. And his Lordship declared further (and
+wished it might be taken notice of, as well as of what had already been
+spoken, for that much had been said that day of singular use and benefit
+for the commonwealth), that these were no new opinions. And to that
+purpose showed that in the old charge to the quest of inquiry in the
+King's Bench, this enhancing the prices, not only of corn but of any
+other commodities, was inquirable and to be there punished; also [he]
+cited a statute whereby those that agree to keep up the price of any
+commodities, agreeing to sell all at one price, and those that raise
+false news to bring down the price of any commodities from what they are
+justly worth, are punishable; as those that raised news that there were
+great wars beyond sea, and there would be no vent for cloth, and told
+the same in the country at Coxsall, for that the prices of wools fell
+there, and they were punished for it. And his Lordship vouched a
+precedent of one for procuring the raising the price of a certain
+commodity, for which he was informed against in the King's Bench, and
+though his Counsel alleged that he had done nothing, he had but spoken,
+and his offence was in words only, yet he was adjudged an enhancer for
+but advising the same. And [he] vouched a statute or proclamation in the
+time of H. 8 for setting the prices on corn, and the like orders and
+proclamations in the times of E. 6, Queen Eliz. and King James, and
+agreed it to be well spoken by the Earl of Dorset, that if any shall do
+any thing tending to depopulation, over and besides his punishment, he
+shall be enjoined to populate as much, as the said Framingham was: and
+vouched a book case, where one complaining against another for letting
+down a sea wall, so that not only his, but diverse other men's grounds
+were surrounded, the judgment was given in the common pleas that the
+plaintiff should recover his damages, and the defendant should also make
+up the said wall at his costs and charges. And thereupon his said
+Lordship consented to the highest censure against the said Archer for
+his forestalling the market and keeping in his corn to the enhancing of
+the price, to the great hurt of the common people, especially the poor
+labourer: and committed Archer to the Fleet from whence he came.
+
+[Footnote 302: _i.e._ Laud.]
+
+
+
+
+SECTION V
+
+THE ENCOURAGEMENT OF INDUSTRY AND COMMERCE
+
+ 1. Letters Patent granted to the Cabots by Henry VII, 1496--2. The
+ Merchant Adventurers' Case for Allowing the Export of Undressed
+ Cloth, 1514-36--3. The Rise in Prices, the Encouragement of Corn
+ growing, and the Protection of Manufactures, c. 1549--4. Sir Thomas
+ Gresham on the Fall of the Exchanges, 1558--5. The Reasons why
+ Bullion is Exported [_temp. Eliz._]--6. The Italian Merchants Explain
+ the Foreign Exchanges, 1576--7. An Act Avoiding divers Foreign Wares
+ made by Handicraftsmen Beyond the Seas, 1562--8. An Act Touching
+ Cloth Workers and Cloth Ready Wrought to be Shipped over the Sea,
+ 1566--9. Incorporation of a Joint Stock Mining Company, 1568.--10. An
+ Act for the Increase of Tillage, 1571--11. Instructions for an
+ English Factor in Turkey, 1582--12. The Advantages of Colonies,
+ 1583--13. Lord Burghley to Sir Christopher Hatton on the State of
+ Trade, 1587--14. A List of Patents and Monopolies, 1603--15.
+ Instructions Touching the Bill for Free Trade, 1604--16. The
+ Establishment of a Company to Export Dyed and Dressed Cloth in Place
+ of the Merchant Adventurers, 1616--17. Sir Julius Cæsar's proposals
+ for Reviving the Trade in Cloths, 1616--18. The Grant of a Monopoly
+ for the Manufacture of Soap, 1623--19. The Statute of Monopolies,
+ 1623-4--20. An Act for the Free Trade of Welsh Cloths, 1623-4--21.
+ The Economic Policy of Strafford in Ireland, 1636--22. Revocation of
+ Commissions, Patents, and Monopolies Granted by the Crown, 1639--23.
+ Ordinance Establishing an Excise, 1643.
+
+
+The attempts made between 1405 and 1660 to develop industry and commerce
+are usually known as "the Mercantile System." But the name is an
+unfortunate one. The mercantile system was not specially mercantile;
+for, as preceding sections have shown, government interference was not
+confined to matters of commerce; nor was it a system, but a collection
+of opportunist expedients, nearly all of which had been tried in
+preceding centuries. It is true, however, that after the accession of
+Elizabeth, the efforts already made under Henry VII and Henry VIII to
+foster commerce (_see_ Schanz, _Englische Handelspolitik gegen Ende des
+Mittelalters_) were carried on with greater persistency and
+deliberation. It is from this period, therefore, that the documents in
+this section are principally drawn.
+
+The most pressing economic problem in the middle of the sixteenth
+century was the fall in the value of money, caused, principally, by the
+influx of silver from America, but to a less extent by the debasement of
+the currency, which led to a rise in prices (No. 3), and a disturbance
+of the foreign exchanges (Nos. 4 and 5), and which could be met to some
+small extent by calling in the base coin (Nos. 4 and 5). This the
+government did in 1560. In 1570, in its anxiety to prevent the efflux of
+bullion, it took steps to impose a special tax on all exchange
+transactions, but such a tax was really a tax on banking, and its
+consequences, according to the business houses concerned, were
+disastrous (No. 6). The most certain way, however, of securing adequate
+supplies of bullion was thought to consist in checking imports and
+encouraging exports (Nos. 3 and 5); and the policy was strengthened by
+other considerations (No. 3). The general policy under Elizabeth was to
+discourage imports in order to prevent unemployment at home (Nos. 3 and
+7), to encourage corn-growing by allowing the export of wheat, except in
+times of scarcity, on payment of a small duty (Nos. 3 and 10), and to
+encourage the export of manufactured articles rather than of raw
+materials, especially the export of dyed and finished cloth (Nos. 3, 8,
+11 and 12), any interruption of which caused distress (No. 13). The
+policy which had been pursued under Henry VIII threatened the vested
+interests of the Merchants Adventurers, who complained that they could
+not find markets for finished cloth (No. 2). In the reign of James I a
+more ambitious attempt was made in the same direction, and in 1614, when
+the abrupt dissolution of Parliament had left the government in
+financial difficulties, a plan was initiated for preventing the
+exportation of cloths not dyed and dressed in England. As the Merchant
+Adventurers refused to be a party to it, a new company was established
+to carry on the desired trade, and was granted a charter in 1616 (No.
+16). The result of this policy was a tariff war with the Netherlands and
+acute distress at home, and, after various suggestions for reviving
+trade had been made (No. 17), the abandonment of the undertaking. The
+political motives of mercantilism, as well as its economic aims, are
+illustrated by Strafford's account of his policy in Ireland (No. 21). Of
+more enduring importance, perhaps, than mercantilist schemes were the
+development of Joint-Stock Companies (No. 9), the expansion of
+commercial enterprize (No. 11), and the attempts to establish colonies
+(No. 12).
+
+Among the methods for fostering industry, and incidentally for raising
+an unparliamentary revenue, the granting of patents and monopolies holds
+an important place. These patents ranged from grants of the sole conduct
+of important industries (Nos. 14 and 18) to grants of trifling offices
+of profit and pensions (Nos. 14 and 22). The reaction against the
+interference of the Crown with trade is excellently expressed in the
+report of the Committee on "the Bill for Free Trade" (No. 15), a
+document which, in spite of the fact that the Bill was dropped, is of
+the highest economic and constitutional importance (_see_ Gardiner, Vol.
+I, pp. 188-190). It is concerned primarily with monopolies enjoyed by
+trading companies, such as the Company of Merchant Adventurers, the
+Eastland Company, and the Russia Company. But its arguments apply _a
+fortiori_ to patents granted to individuals, and throw much light on the
+nature of the economic opposition to the Stuarts. The effect of the
+attitude of Parliament was seen later in the Act abolishing internal and
+local restrictions on the trade in woollen cloths (No. 20), in the
+Statute of Monopolies (No. 19), and in the revocation by Charles in 1639
+of patents granted during the period of personal government (No. 22).
+The place occupied by monopolies in the Stuarts' fiscal system was
+later, when the Civil War began, partially filled by the Excise (No.
+23).
+
+
+AUTHORITIES
+
+ There is no book covering the commercial history of the whole period.
+ The most useful works are:--Schanz, _Englische Handelspolitik gegen
+ Ende des Mittelalters_; Cunningham, _English Industry and Commerce,
+ Modern Times_, Part I; Scott, _Constitution and Finance of English
+ Joint Stock Companies_; Busch, _England Under the Tudors_; Gardiner,
+ _History of England 1603-1642_; Unwin, _Industrial Organization in
+ the Sixteenth and Seventeenth Centuries_; Rogers, _English Industrial
+ and Commercial Supremacy_, and _The Economic Interpretation of
+ History_; Ehrenberg, _Das Zeitalter der Fugger_; Price, _The English
+ Patents of Monopoly_; Hewins, _English Trade and Finance in the
+ Seventeenth Century_; Kennedy, _English Taxation, 1640-1799_;
+ Schmoller, _Mercantilism_ (translated by Ashley); Keith, _Commercial
+ Relations Between England and Scotland_; Murray, _Commercial
+ Relations Between England and Ireland_; Beer, _The Old Colonial
+ System_; Durham, _Relations of the Crown to Trade under James I_
+ (Trans. R.H.S., New Series, Vol. XIII).
+
+ The student may also consult the following:--
+
+ (1) _Documentary Sources_:--Gairdner, Letters and Papers of Henry
+ VIII; S.P. Dom. from 1558 to 1660; The Acts of the Privy Council; The
+ Commons Journals; and the Statutes of the Realm, which are
+ particularly instructive on the subject of commercial policy. An
+ invaluable collection of documents is given by Schanz, _op. cit._,
+ Vol. II; and useful, though smaller ones, by Scott, Price,
+ Cunningham, and Unwin.
+
+ (2) _Literary Sources_:--Starkey, Dialogue Between Cardinal Pole and
+ Thomas Lupset; The Italian Narration of England (Camden E.E.T.S.
+ Society, 1847); Dudley, The Tree of Commonwealth (1509); Drei
+ Volkswirtschaftliche Denkschriften aus der Zeit Heinrich VIII von
+ England, edited by Pauli; The Commonwealth of this Realm of England;
+ Wilson, Discourse upon Usury (1572); Malynes, A Treatise of the
+ Canker of England's Commonwealth (1601); Wheeler, Treatise of
+ Commerce (1601); Malynes, Consuetudo vel Lex Mercatoria (1622);
+ Misselden, Free Trade (1622); Bacon, History of King Henry VII
+ (1622); Knowler, Letters and Despatches of Thomas Wentworth, Earl of
+ Strafford; Robinson, England's Safety in Trade's Increase (1641).
+
+
+1. LETTERS PATENT GRANTED TO THE CABOTS BY HENRY VII [_R.O. Pat. 4 Ed.
+VI, p. 6_], 1496.
+
+The King to all to whom, etc., greeting. It is manifest to us by
+inspection of the rolls of our Chancery that the lord Henry the Seventh,
+late King of England, our dearest grand father, caused his letters
+patent to be made in these words:
+
+Henry by the grace of God King of England and France and Lord of
+Ireland, to all to whom the present letters shall come, greeting. Be it
+known and manifest that we have given and granted, and by these presents
+we do give and grant for us and our heirs to our beloved John Cabot,
+citizen of Venice, and Lewis, Sebastian and Sanctus, sons of the said
+John, and the heirs and deputies of them and every of them, full and
+free authority, faculty and power to sail to all parts, regions and
+gulfs of the sea, east, west and north, under our banners, standards,
+and ensigns, with five ships or boats of whatsoever portage or kind they
+be, and with as many sailors and men as they wish to take with them in
+the said ships at their own and the others' costs and expenses, to find,
+discover and search out any isles, countries, regions or provinces of
+heathens and infidels whomsoever set in any part of the world soever,
+which have been before these times unknown to all Christians. We have
+granted also to the same and to every of them and to the heirs and
+deputies of them and every of them, and given licence for them to affix
+our aforesaid banners and ensigns in any town, castle, isle or solid
+land soever newly found by them; and that the aforenamed John and his
+sons or heirs and the deputies of the same may subjugate, occupy and
+possess any such towns, castles and islands found by them which can be
+subjugated, occupied and possessed, as our vassals and governors,
+lieutenants and deputies of the same, acquiring for us the lordship,
+title and jurisdiction of the same towns, castles, islands and solid
+land so found; so, nevertheless, that of all fruits, profits,
+emoluments, commodities, gains and obventions arising from such voyages,
+the aforesaid John and his sons and heirs and their deputies be held and
+bound to pay to us for every voyage, as often as they touch at our port
+of Bristol, at which alone they are held and bound to touch, after
+deducting the necessary costs and expenses made by them, a fifth part of
+their capital gain made whether in wares or in money; giving and
+granting to them and their heirs and deputies that they be free and
+immune from all payment of customs on all and singular goods and wares
+which they bring back with them from those places so newly found. And
+further we have given and granted to the same and to their heirs and
+deputies that all lands, farms, isles, towns, castles and places
+whatsoever found by them, as many as shall be found by them, may not be
+frequented or visited by any other our subjects soever without licence
+of the aforesaid John and his sons and their deputies, under pain of
+loss as well of the ships or boats as of all goods whatsoever presuming
+to sail to those places so found; willing and most straitly commanding
+all and singular our subjects set as well on land as on sea that they
+give good assistance to the aforesaid John and his sons and deputies and
+show all their favour and aid as well in manning the ships or boats as
+in provision of equipment and victuals to be bought for their money and
+all other things to be provided for them to be taken for the said
+voyage. In witness whereof we have caused these our letters patent to be
+made. Witness myself at Westminster, 5 April in the 11th year of our
+reign.
+
+And we, because the letters aforesaid have been lost by mischance, as
+the aforesaid Sebastian, appearing in person before us in our Chancery,
+has taken a corporal oath, and that he will restore those letters to us
+into the same our Chancery to be cancelled there, if he shall find them
+hereafter, have deemed fit to exemplify by these presents the tenour of
+the enrolment of the letters aforesaid, at the request of the same
+Sebastian. In witness whereof these our letters, etc. Witness the King
+at Westminster, 4 June.
+
+
+2. THE MERCHANT ADVENTURERS' CASE FOR ALLOWING THE EXPORT OF UNDRESSED
+CLOTH [_Br. M. Cotton MS. Tib. D. VIII, f. 40_[303]], 1514-1536.
+
+Considerations alleged by the governor and fellowship of merchant
+adventurers to prove how it were more for the universal wealth of the
+realm of England to convey and send over the sea to the markets
+accustomed cloths of all prices, not dressed nor shorn, than cloths
+dressed and shorn.
+
+First it is to be noted, marked and considered, that in few years after
+the act of Parliament made, that no sort of cloths draped and made
+within the realm of England being above the price of five marks sterling
+the piece should be conveyed over the sea undressed and unshorn, the
+same sort of cloths, which at that day were bought for five marks, be
+now at this present day by the industry of the said merchants uttering
+the said cloths sold within the realm for four pounds sterling, which is
+a great enriching of the whole realm, so that the said merchants think
+it to stand with reason and conscience, that those sort of cloths, of
+four pounds the piece, ought to be reputed and taken, in regard of the
+act, after cloths of five marks the piece.
+
+_Item_ the merchants of those parts buying English cloths will in no
+wise meddle with any cloths, that be dressed, unless they may have them
+at a price far under the foot; for it is in experience daily, that the
+merchants of England conveying over the sea a sort of cloths every of
+them being of like length and goodness, whereof the one half of them
+have dressed and shorn and the other half undressed and unshorn, the
+said merchants shall sell those cloths being undressed five shillings
+dearer in every cloth, than those that be dressed; also those cloths
+undressed be meet and ready for every man and the other dressed but only
+for one man, so that against one cloth dressed the merchants of England
+shall sell five hundred undressed, whereby it appeareth, that it were
+for the common weal and great enriching to the realm of England to send
+over into those parts all sorts of cloths undressed and but a singular
+and private wealth to dress any such cloths; for there be many more in
+number, that live by making of cloths and selling of the same, than
+there be that live by dressing of cloths.
+
+_Item_ the common people of those parts, by whom the most part of those
+cloths be consumed, do use in their garments sundry colours not
+accustomed to be worn here in England, which colours cannot be made,
+unless they buy their cloths undressed; for the dressing of cloths here
+and there vary and alter so much, that the dressing will take in manner
+none of their colours. And in case the merchants of England should bring
+over such cloths dressed, they should not only be undone in the sale of
+them, but also it were to be doubted, that in brief time after they
+would wholly relinquish the buying and wearing of any English cloths in
+those parts, which God defend.
+
+_Item_ there be certain coarse cloths named long Glemsters, and
+notwithstanding their coarseness the King's Grace is paid for a cloth
+and a third part in his custom; and if the buyer will cut off 6 or 8
+yards of the said cloth, he may lawfully convey it over notwithstanding
+the act, which should be a great loss in the sale and an occasion that
+the strangers should not buy them, wherefore the said governor and
+merchants say, that the said cloths ought of right to pass for cloths
+under five marks the piece.
+
+_Item_ at this present day, our Lord be thanked, there is shipped and
+conveyed out of England into those parts more number of cloths of all
+sorts and there uttered sold and consumed, than ever hath been in memory
+of man; and considering, cloth is now there in such high estimation and
+hath so good vent, the said merchants think, under correction, that it
+were not necessary, but an utter peril and danger, to attempt them to
+any other purpose to alter them out of this good trade, which our Lord
+continue.
+
+_Item_ the inhabitants of those parts by the make of English cloths in
+frieze consume, waste and spend a great quantity and number of them,
+which frieze undoubtedly after their using and wearing cannot be made of
+English cloths dressed here, so that by the only means thereof it should
+be a great diminution and decay to the common weal of this realm, if the
+said act for dressing of cloths should take place or effect.
+
+_Item_ the inhabitants of the realm of England have the buying and
+selling of the wool, one with another, they have also the carding,
+spinning, weaving, fulling and the first sale of such cloths, and the
+inhabitants of those parts have only the dressing and shearing of
+certain of the said cloths, whereby the inhabitants there been a little
+relieved and a few number of them for a time set to work; yet by means
+thereof the rulers and honest burgesses of the towns be desirous to have
+the nation of England to haunt their said towns, and entertain them with
+much familiarity and friendship. And it is much to be feared and
+doubted, that if the realm of England should all covet and they to have
+no relief nor comfort by the same, that they of Antwerp and other
+places, studying their common weal, would not only find means ways and
+occasions to expel the nation from them, but also that no English cloths
+should be there consumed nor sold, which our Lord defend.
+
+[Footnote 303: Quoted Schanz, Vol. II, pp. 571-3.]
+
+
+3. THE RISE IN PRICES, THE ENCOURAGEMENT OF CORN-GROWING, AND THE
+PROTECTION OF MANUFACTURES [_The Commonweal of this Realm of England_],
+_c._ 1549.
+
+_f. 17b-f. 20._
+
+_Knight._ How can that be? What maketh it the matter what sort of coin
+we have amongst ourselves, so it be current from one hand to another,
+yea, if it were made of leather?
+
+_Doctor._ Ye see, men commonly say so; but the truth is contrary; as not
+only I could prove by common reason, but also that proof and experience
+hath already declared the same. But now we do not reason of the causes
+of these griefs, but what state of men be grieved indeed by this dearth
+of things; and albeit I find every man grieved by it in one thing or
+other, yet considering that, as many of them as have wares to sell, do
+enhance as much in the price of all things that they sell as was
+enhanced before in the price of things that they must buy; as the
+merchant, if he buy dear, he will sell dear again. So the artificers, as
+cappers, clothiers, shoemakers and farriers, have respect large enough,
+in selling their wares, to the price of victual, wool and iron, which
+they buy. I have seen a cap for 14d., as good as I can get now for 2s.
+5d.; of cloth ye have heard how the price is risen. Then a pair of shoes
+costeth me 12d. now, that I have in my days bought a better for 6d. Then
+I can get never a horse shod under 10d. or 12d. [now], where I have seen
+the common price was 6d. for shoeing of a horse round, yea, and 8d. (at
+the most) till now of late. I cannot, therefore, understand that these
+men have greatest grief by this common and universal dearth, but rather
+such as have their livings and stipends rated at a certainty, as common
+labourers at 6d. the day, journeymen of all occupations, serving men
+[at] 40s. the year, and gentlemen whose lands are let out by them or
+their ancestors either for lives or for term of years, so as they can
+not enhance the rent thereof though they would, and yet have the price
+enhanced by them of every thing that they buy. Yea the King's Highness,
+whereof we spake nothing all this while, as he hath most of yearly
+revenues and that certain, so hath he most lost by this dearth, and by
+the alteration especially of the coin. For like as a man, that hath a
+great number of servants under him, if he would grant that they should
+pay him [pins] weekly where [before] they paid him [pence], I think he
+should be most loser himself. So we be all but gatherers for the King's
+Majesty, that be his subjects; we have but every man a poor living; the
+clear gains cometh for the most [part] to the King's grace. Now if his
+Grace do take of us the overplus of our getting in this new coin, where
+he was wont to be paid in other good coin, I report me to you whether
+that will go as far as the other, in proportion of his necessaries and
+of the Realm. I think plainly no; for though his Highness might, within
+his own realm, have things at his own price, as his Grace can not indeed
+without great grudge of his magistrates and subjects; yea, since his
+Majesty must have from beyond the seas many things necessary not only
+for his Grace's household and ornaments, as well for his grace's person
+and family, as of his horses, which [percase] might be by his Grace
+somewhat moderated, but also for the furniture of his wars, which by no
+means can be spared; as armour, and all kinds of artillery, anchors,
+cables, pitch, tar, iron, steel, handguns, gunpowder, and many other
+things more than I can reckon, which his Grace must needs buy from
+beyond the seas, at the price the stranger will set him them at. I pass
+over the enhancement of the charges of his Grace's household, which is
+common to his grace with all other noble men. [Therefore], I say, his
+Majesty hath most loss, by this common dearth, of all other; and not
+only loss, but danger to the Realm and all his subjects, if his Grace
+should want treasure to purchase the said habiliments and necessaries
+for war, or to find soldiers in time of need, which passeth all other
+private losses that we spake of.
+
+_Capper._ We hear say, that the King's Majesty maketh up his losses that
+way by the gains which he hath by the mint another way. If that be too
+short, he supplieth that lack by subsidies and impositions of his
+subjects, so as his Grace can not lack, so long as his subjects have it.
+
+_Doctor._ You say well there. So long as the subjects have it, so it is
+meet the King should have it; but what and they have it not? for they
+cannot have it, when there is no treasure left within the realm. And as
+touching the mint I account the profit much like as if a man would take
+his wood up by the roots, to make [the more profit thereof at one time,
+and ever after to lose] the profit that might grow thereof yearly, or to
+pull the wool of his sheep by the root. And as for the subsidies; how
+can they be large when the subjects have little to depart with? and yet
+that way of gathering treasure is not always most safe for the prince's
+surety; for we see many times the profits of such subsidies spent in
+appeasing of the people that are moved to sedition partly by occasion
+of the same....
+
+ * * * * *
+
+_f. 31b-f. 34._
+
+_Doctor._ Mary, the first way [_sc._ to equalize the profits of tillage
+and pasture-farming] is to make that wool be of as base a price [to] the
+breeder thereof as the corn is; and that shall be, if you make alike
+restraint of wools, for passing over the sea unwrought, as ye make of
+corn. Ye have a law made that no corn shall pass over and it be above a
+noble a quarter; if it be under ye give free liberty for it to pass
+over; let wool be restrained likewise, for passing over, so long as it
+is above 12s. 4d. the tod; and when it is under let it have free
+passage; that is one way. Another is, to increase the custom of wool
+that passeth over unwrought; and by that the price of it shall be based
+to the breeders, and yet the price over the sea shall be never the less.
+But that is increased in the price thereof [on] strangers shall come
+unto the King's Highness; which is as profitable to the Realm as though
+it came to the breeders, and might relieve them of their subsidies. Thus
+far as touching the bringing down the price of wools; now to the
+enhancing of the same price in corn, to be as equivalent to the
+husbandman as wool should be. And that might be brought to pass if ye
+will let it have as free passage over sea at all times, as ye have now
+for wool.
+
+_Merchant._ By the first two ways men would send less wool over sea than
+they do now; and, by that way, the King's customs and profits of his
+staple should be minished; by your latter way, the price of corn should
+be much enhanced, wherewith men should be much grieved.
+
+_Doctor._ I wot well it would be dear at the first; but if I can
+persuade you that it were reasonable it were so, and that the same could
+be no hindrance to the Realm universally, but great profit to the same,
+then I think we would be content it should be so; and as touching the
+King's custom, I will speak afterward.
+
+_Merchant._ I will grant, if you can show me that.
+
+_Doctor._ I will essay it, albeit the matter be somewhat intricate, and
+as I showed you before, at the first face will displease many; for they
+will say, Would you make corn dearer than it is? Have you dearth enough
+else without that? Nay I pray you find means to have it better cheap, if
+it may be, it is dear enough already; and such other like reasons would
+be said. But now let the husbandman answer such men again. Have not the
+grazers raised the price of your wools and pelts? and you merchant men,
+clothiers and cappers, raised the price of your merchandize and wares
+over it was wont to be in manner double? Is it not as good reason then I
+should raise the price of my corn? What reason is it that you should be
+at large, and I to be restrained? Either let us all be restrained
+together, or else let us all be at like liberty. Ye may sell [your wool]
+over the sea, your fells, your tallow, your cheese, your butter, your
+leather, which riseth all by grazings, at your pleasure, and that for
+the dearest penny ye can get for them. And I shall not send out my corn,
+except it be at 10d. the bushel or under. That is as much to say, as we
+that be husbandmen should not sell our wares, except it be for nothing,
+or for so little we shall not be able to live thereof. Think you that if
+the husbandman here did speak these words, that he did not speak them
+reasonable?
+
+_Husbandman._ I thank you with all my heart; for you have spoken in the
+matter more than I could do myself, and yet nothing but that is true. We
+felt the harm, but we wist not what was the cause thereof; many of us
+saw, 12 years ago, that our profits was but small by the ploughs; and
+therefore divers of my neighbours that had, in times past, some two,
+some three, some four ploughs of their own, have laid down, some of them
+[part, and some of them all] their teams, and turned either part or all
+their arable ground into pasture, and thereby have waxed very rich men.
+And every day some of us encloseth a [plot] of his ground to pasture;
+and were it not that our ground lieth in the common fields, intermingled
+one with another, I think also our fields had been enclosed, of a common
+agreement of all the township, long ere this time. And to say the truth,
+I, that have enclosed little or nothing of my ground, could [never be
+able] to make up my lord's rent were it not for a little breed of neat,
+sheep, swine, geese, and hens that I do rear upon my ground; whereof,
+because the price is somewhat round, I make more clear profit than I do
+of all my corn; and yet I have but a bare living, by reason that many
+things do belong to husbandry which now be exceeding chargeable over
+they were in times past.
+
+_Capper._ Though this reason of master doctor's here doth please you
+well that be husbandmen, yet it pleaseth us that be artificers nothing
+at all, which must buy both bread, corn and malt for our penny. And
+whereas you, master doctor, say it were as good reason that the
+husbandman would raise the price of his corn, and have as free vent of
+the same over sea as we [do and have of our wares], I cannot greatly
+deny that; but yet I say, that every man hath need of corn, and so they
+have not of other wares so much.
+
+_Doctor._ Therefore the more necessary that corn is, the more be the men
+to be cherished that reared it; for if they see there be not so much
+profit in using the plough as they see in other feats, think you not
+that they will leave that trade, and fall to the other that they see
+more profitable? as ye may perceive by the doings of this honest man's
+neighbours, which have turned their arable land to pasture, because they
+see more profit by pasture than by tillage. Is it not an old saying in
+[Latin], _honos alit artes_, that is to say, profit or advancement
+nourisheth every faculty; which saying is so true, that it is allowed by
+the common judgement of all men. We must understand also that all things
+that should be done in a common wealth be not to be forced, or to be
+constrained by the straight penalties of the law; but some so, and some
+other by allurement and rewards rather. For what law can compel men to
+be industrious in travail, and labour of their bodies, or studious to
+learn any science or knowledge of the mind? to these things they may be
+well provoked, encouraged, and allured, if they that be industrious and
+painful be well rewarded for their pains, and be suffered to take gains
+and wealth as reward of their labours. And so likewise [they] that be
+learned, if they be advanced and honoured according to their forwardness
+in learning, every man will then study either to be industrious in
+bodily labour, or studious in things that pertain to knowledge. Take
+this reward from them, and go about to compel them by laws thereto, what
+man will plough or dig the ground, or exercise any manual occupation
+wherein is any pain? Or who will adventure over seas for any
+merchandise? or use any faculty wherein any peril or danger should be,
+seeing his reward shall be no more than his that sitteth still? But ye
+will percase answer me, that all their rewards shall not be taken away,
+but part of it. Yet then you must grant me, that as if all their rewards
+were taken from them, all these faculties must needs decay; so if part
+of that reward be minished, the use of those faculties shall minish
+withall, after the rate; and so they shall be the less occupied, the
+less they be rewarded and esteemed. But now to our purpose; I think it
+more necessary to devise a mean how husbandry might be more occupied,
+rather than less, which I cannot perceive how it may be brought to pass,
+but as men do see the more gains therein, the gladder they will occupy
+the feat. And this to be true [that] some things in a common wealth must
+be forced with pains and some by rewards allured [may appear] by that
+that the wise and politic senator Tully writeth, saying, that it was the
+words of Solon, which was one of the seven men of Greece, and of those
+seven the only man that made laws, that a common wealth was holden up by
+things chiefly, that is, by reward and pain; of which words I gather
+that men should be provoked to good deeds by rewards and price, and [to]
+abstain from evil doings by pains. Trow you, if husbandmen be not better
+cherished and provoked than they be to exercise to plough, but in
+process of time so many ploughs will be laid down (as I fear me there be
+already) that if an unfruitful year should happen amongst, us, as
+commonly doth once in seven years, we should then not have only dearth,
+but also such scarceness of corn, that we should be driven to seek it
+from outward parts, and pay dear for it....
+
+ * * * * *
+
+_f. 34b-f. 38._
+
+_Doctor._ You have heard that by the free vent and sale of corn, the
+husbandman's profit is advanced. Then it is showed how every man
+naturally will follow that wherein he seeth most profit. Therefore men
+will the gladder occupy husbandry. And the more do occupy husbandry, the
+more plenty of corn must needs be; and the more plenty of corn there is,
+thereof better cheap; and also the more will be spared over that that
+shall suffice the realm; and then, that may be spared in a good year
+shall bring us again other corn, or else the commodities of other
+countries necessary for us. Then the more husbandry is occupied, the
+more universal breed should be of all victuals, as of neat, sheep,
+swine, geese, eggs, butter, and cheese, for all these are reared much of
+corn.
+
+_Knight._ If men should sell, when a good reasonable year is, all that
+is overplus when the realm is served, what should we do if a barren year
+should happen, when no store of corn is left of the good year before?
+
+_Doctor._ First, you must consider that men be sure they will keep
+enough to serve themselves within the realm, or they sell any forth of
+the same; and having liberty to sell at their pleasure, doubt ye not,
+but they had liefer sell their corn 2d. or 4d. better cheap within the
+realm, than to be at charges with carrying, and peril of adventure, in
+sending it over the sea, and sell it dearer (except it be for much more
+gains). And thus men, being provoked with lucre, will keep the more
+corn, looking for a dear year in the country, whereby must need be the
+greater store. And though they did not so, but should sell over the sea
+all that they might spare over that serveth the realm when the year is
+plentiful, yet by reason that, through the means aforesaid, more ploughs
+are set to work than would suffice the realm in a plentiful year, if a
+scarce year should fall after, the corn of so many ploughs, as in a good
+year would be more than enough, in [an unfruitful] year at the least
+should be sufficient to serve the realm. And so should the realm be
+served with enough of corn in a scarce year, and in a plenteous year no
+more than enough, which might be sold over the sea for great treasure or
+other commodities; where now, in a plentiful year, we seek to have as
+much as may suffice the realm. Then if a scarce year should happen, we
+must needs lack of our own to serve, and be driven to buy from beyond
+the sea. And then, if they were as envious as we are, might they not
+say, when we required any corn of them, that seeing they could get none
+from us, when we had plenty, why should they let us have any corn when
+we have scarcity? Surely common reason would that one region should help
+another when it lacketh. And therefore God hath ordained that no country
+should have all commodities; but that, that one lacketh, another
+bringeth forth, and that, that one country lacketh this year, another
+hath plenty thereof the same year, to the intent that one may know they
+have need of another's help, and thereby love and society to grow
+amongst all the more. But here we will do as though we had need of no
+other country in the earth, but to live all of ourselves; and [as]
+though we might make the market of all things as we list ourselves; for
+though God is bountiful unto us and sendeth us many great commodities,
+yet we could not live without the commodities of others. And, for an
+ensample, of iron [and] salt, though we have competently thereof, yet we
+have not the third part to suffice the realm; and that [can] in no wise
+be spared if we will occupy husbandry. Then tar, resin, pitch, oil,
+steel, we have none at all; as for wines, spices, linen cloth, silks,
+and collars, though we might live so without them, yet far from any
+civility should it be. As I deny not [but many things we might have here
+sufficiently that we buy now beyond the seas, and] many things we might
+spare wholly; whereof, if time shall serve, I will talk more hereafter.
+But now to return to the first point that I spake of before, to be one
+of the means to bring husbandry up, that is by abasing the estimation of
+wool and fells; though I take not that way to be as good as the other,
+for I do not allow that mean that may base any of our commodities except
+it be for the enhancement of a better commodity, but if both commodities
+may be enhanced together, as by the last device I think they might be, I
+allow that way better; nevertheless whereas you, brother merchant,
+showed before that either by restraining of wools or other commodities,
+till they were equivalent within the realm after the rate of the corn,
+or by enhancing the custom of wool and other the said commodities, were
+brought like to the corn in proportion, the King's Highness' custom
+should be minished, I think not so. For the one way, as much as he
+should have for the more wool vented over, so much should he have for
+the less wool at a greater custom vented over. And the other way is, as
+much as his Grace should lose by his custom of wool, so much or more
+should his Grace win by the custom of clothes made within the realm. But
+one thing I do note by this latter device, that if they should take
+place, we must do; that is, if we keep within us much of our
+commodities, we must spare many other things that we have now from
+beyond the seas; for we must always take heed that we buy no more of
+strangers than we sell them [for so we should empoverish ourselves and
+enrich them]. For he were no good husband that hath no other yearly
+revenues but of husbandry to live on, that will buy more in the market
+than he selleth again. And that is a point we might save much by of our
+treasure, in this realm, if we would. And I marvel no man taketh heed
+unto it, what number first of trifles cometh hither from beyond the
+seas, that we might either clean spare, or else make them within our own
+realm, for the which we pay inestimable treasure every year, or else
+exchange substantial wares and necessary for them, for the which we
+might receive great treasure. Of the which sort I mean glasses, as well
+looking as drinking, as to glass windows, dials, tables, cards, balls,
+puppets, penhorns, inkhorns, toothpicks, gloves, knives, daggers,
+pouches, brooches, agletes, buttons of silk and silver, earthen pots,
+pins, points, hawk's bells, paper both white and brown, and a thousand
+like things, that might either be clean spared, or else made within the
+realm sufficient for us. And as for some things, they make it of our own
+commodities and send it us again; whereby they set their people on work,
+and do exhaust much treasure out of this realm. As of our wool they make
+cloth, caps, and carses; of our fells they make Spanish skins, gloves,
+girdles; of our tin, salts, spoons and dishes; of our broken linen cloth
+and rags, paper both white and brown. What treasure, think you, goeth
+out of this realm for every of these things? And then for all together
+it exceedeth my estimation. There is no man that can be contented with
+any other gloves than is made in France or in Spain; or carse, but it
+must be of Flanders dye; nor cloth, but it must be of French dye or
+fresadow; nor brooch nor aglet, but of Venice making or Milanese; nor
+dagger, sword, nor girdle, or knife, but of Spanish making; no, not so
+much as a spur, but it must be fetched at the milliner's hand. I have
+seen within these twenty years, when there were not of these
+haberdashers that sell French or Milan caps, glasses, as well looking as
+drinking, yea, all manner vessels of the same stuff; painted cruses, gay
+daggers, knives, swords, and girdles that is able to make any temperate
+man to gaze on them, and to buy somewhat, though it serve to no purpose
+necessary. What need they beyond the sea to travel to Peru or such far
+country, or to try out the sands of the river Tagus in Spain [Pactolus]
+in Asia and Ganges in India, to get amongst them small sparks of gold,
+or to dig the bowels of the earth, for the mine of silver and gold, when
+they can of unclean clay, not far sought for, and of [pebble] stones
+and fern roots make [good] gold and silver more than a great many of
+gold mines would make. I think not so little as a hundred thousand pound
+a year is fetched of our treasure for things of no value of themselves,
+but only for the labours of the workers of the same, which are set on
+work all of our charges. What grossness be we of, that see it and suffer
+such a continual spoil to be made of our goods and treasure, by such
+means and specially, that will suffer our own commodities to go, and set
+strangers on work, and then to buy them again at their hands; as of our
+wool they make and dye carses, fresadows, broadcloths, and caps beyond
+the seas, and bring them hither to be sold again; wherein note, I pray
+you, what they do make us pay at the end for our stuff again, for the
+stranger custom, for the workmanship, and colours, and lastly for the
+second custom in the return of the wares into the realm again; whereas,
+with working the same within our realm, our own men should be set on
+work at the charges of strangers; the custom should be borne all by
+strangers to the king, and the clear gains to remain within the
+realm....
+
+ * * * * *
+
+_f. 53b-f. 55._
+
+And now, because we are entered into communication of artificers, I will
+make this division of them. Some of them do but bring money out of the
+country; some other, that which they do get, they spend again in the
+country; and the third sort of artificers be they that do bring treasure
+into the country. Of the first, I reckon all mercers, grocers, vintners,
+haberdashers, milliners, and such as do sell wares growing beyond the
+seas, and do fetch out our treasure of the same. Which kind of
+artificers, as I reckon them tolerable, and yet are not so necessary in
+a commonwealth but they might be best spared of all other; yet if we had
+not other artificers, to bring in as much treasure as they bring forth,
+we should be great losers by them. Of the second sort be these:
+shoemakers, tailors, carpenters, masons, tilers, butchers, brewers,
+bakers, victuallers of all sorts, which like as they get their living in
+the country, so they spend it; but they bring in no treasure unto us.
+Therefore we must [cherish] well the third sort; and these be clothiers,
+tanners, cappers, and worsted makers only that I know, [which] by their
+misteries and faculties, do bring in any treasure. As for our wool,
+fells, tin, lead, butter and cheese, these be the commodities that the
+ground bears, requiring the industry of a few persons; and if we should
+only trust to such, and devise nothing else to occupy ourselves, a few
+persons would serve us for the rearing of such things, and few also [it
+would] find; and so should the realm be like a [grange], better
+furnished with beasts than with men; whereby it might be subject to the
+spoil of other nations about. Which is the more to be feared and
+eschewed, because the country of his own kind is apt to bring forth such
+things, as is said before, for the breed of cattle, than for such things
+as [be] for the nourishment of men, if Pomponius Mela be to be believed,
+which describing the island, saith thus: _plana, ingens, fecunda, verum
+iis que pecora quam homines benignius alunt_. That is to say, it is
+plain, large and plentiful, but of those things that nourisheth beasts
+more kindly than men. So many forests, chases, parks, marshes and waste
+grounds, that be more here than most commonly elsewhere, declare the
+same not to be all in vain that he affirms; that hath not so much arable
+ground, vines, olives, fruits, and such as be most necessary for the
+food of men. And as they require many hands in the culture, so they find
+most persons food; as France, Spain and divers other countries have.
+Therefore as much ground, as here is apt for those things, would be
+[turned] (as much as may be) to such uses as may find most persons. And
+over that, towns and cities would be replenished with all kinds of
+artificers; not only clothiers which as yet were our natural occupation,
+but with cappers, glovers, paper makers, glasiers, pointers, goldsmiths,
+blacksmiths of all sorts, coverlet makers, needle makers, pinners and
+such other; so as we should not only have enough of such things to serve
+our realm, and save an infinite treasure that goeth now over for so many
+of the same, but also might spare of such things ready wrought to be
+sold over, whereby we should fetch again other necessary commodities and
+treasures. And thus should be both replenished the realm of people able
+to defend it, and also win much treasure to the same. Such occupations
+alone do enrich divers countries, that be else barren of themselves; and
+what riches they bring to the country where they be well used, the
+country of Flanders and Germany do well declare; where, through such
+occupations, it hath so many and wealthy cities, that were incredible
+in so little ground to be. Wherefore in my mind they are far wide of
+right consideration, that would have none or less clothing within the
+realm, because it is sometimes occasion of business or tumults, for lack
+of vent. There is nothing every way so commodious or necessary for men's
+use, but it is sometime by ill handling occasion of displeasure; no, not
+fire and water, that be so necessary as nothing can be more.
+
+
+4. SIR THOMAS GRESHAM ON THE FALL OF THE EXCHANGES [_Burgon's Life and
+Times of Sir Thomas Gresham, Vol. I, Appendix No. XXI, pages 483-486_].
+1558.
+
+To the Queen's most excellent Majesty.
+
+It may please your Majesty to understand, that the first occasion of the
+fall of the exchange did grow by the King's Majesty, your late father,
+in abasing his coin from vi ounces fine to iii ounces fine. Whereupon
+the exchange fell from xxvis. viiid. to xiiis. ivd. which was the
+occasion that all your fine gold was conveyed out of this your realm.
+
+Secondly, by the reason of his wars, the King's Majesty fell into great
+debt in Flanders. And for the payment thereof they had no other device
+but pay it by exchange, and to carry over his fine gold for the payment
+of the same.
+
+Thirdly, the great freedom of the Steelyard and granting of licence for
+the carrying of your wool and other commodities out of your realm, which
+is now one of the chief points that your Majesty hath to foresee in this
+your common weal; that you never restore the steads called the Steelyard
+again to their privilege, which hath been the chief point of the undoing
+of this your realm, and the merchants of the same.
+
+Now, for redress of these things, in an. xvcli [1551] the King's
+Majesty, your late brother, called me to be his agent, and reposed a
+more trust in me, as well for the payment of his debts beyond the seas,
+as for the raising of the exchange, being then at xvs. and xvis. the
+pound; and your money current, as it is at this present, being not in
+value xs. First, I practised with the King and my lord of Northumberland
+to overthrow the Steelyard, or else it could not be brought to pass, for
+that they would keep down the exchange by this consideration; whereas
+your own merchants payeth outwards xivd. upon a cloth custom, they pay
+but ixd.; and likewise, for all such wares as was brought into your
+realm, your own mere merchants payeth xiid. upon the pound, the
+Steelyard paid but iiid. upon the pound, which is vs. difference upon
+the hundredth: and as they were men that ran all upon the exchange for
+the buying of their commodities, what did they pass to give a lower
+price than your own merchants, when they got vl. in the hundred by your
+custom? Which in process of time would have undone your whole realm, and
+your merchants of the same.
+
+Secondly, I practised with the King's Majesty, your brother, to come in
+credit with his own mere merchants: and when time served, I practised
+with them at a set shipping, the exchange being still at xvis., that
+every man should pay the King xvs. upon a cloth in Antwerp, to pay at
+double usage xxs. in London; which the King's Majesty paid them royally,
+which did amount to the sum of lxml. And so, vi months after, I
+practised the like upon their commodities for the sum of lxxml.
+[£70,000] to pay for every pound sterling xxiis.: so by this means, I
+made plenty of money, and scarcity, and brought into the King's hands,
+which raised, the exchange to xxiiis. ivd. And by this means I did not
+only bring the King's Majesty, your brother, out of debt, whereby I
+saved him vi or viis. upon the pound, but saved his treasure within the
+realm, as therein Mr. Secretary Cecil was most privy unto.
+
+Thirdly, I did likewise cause all foreign coins to be unvalued, whereby
+it might be brought into the mint to his Majesty's most fordle[304]; at
+which time the King your brother died, and for my reward of service, the
+Bishop of Winchester sought to undo me, and whatsoever I said in these
+matters I should not be credited: and against all wisdom, the said
+Bishop went and valued the French crown at vis. ivd., and the pistole at
+vis. iid., and the silver royal at vid. _ob._ Whereupon, immediately,
+the exchange fell to xxs. vid. and xxis., and there hath kept ever
+since. And so consequently after this rate and manner, I brought the
+Queen's Majesty, your sister, out of debt of the sum of ccccxxxvml.
+[£435,000].
+
+Fourthly, by this it may plainly appear to your Highness, as the
+exchange is the thing that eats out all princes, to the whole
+destruction of their common weal, if it be not substantially looked
+unto, so likewise the exchange is the chief and richest thing only
+above all other, to restore your Majesty and your realm to fine gold and
+silver, and is the mean that makes all foreign commodities and your own
+commodities with all kind of victuals good cheap, and likewise keeps
+your fine gold and silver within your realm. As, for example to your
+Highness, the exchange being at this present at xxiis., all merchants
+seek to bring into your realm fine gold and silver; for if he should
+deliver it by exchange, he disburses xxiis. Flemish to have xxs.
+sterling: and to bring it in gold and silver he shall make thereof xxis.
+ivd.--whereby he saves viiid. in the pound: which profit, if the
+exchange should keep but after this rate of xxiis. in few years you
+should have a wealthy realm, for here the treasure should continue for
+ever; for that all men should find more profit by vl. in the hundred to
+deliver it per exchange, than to carry it over in money. So consequently
+the higher the exchange riseth, the more shall your Majesty and your
+realm and common weal flourish, which thing is only kept up by art and
+God's providence; for the coin of this your realm doth not correspond in
+fineness not xs. the pound.
+
+Finally, and it please your majesty to restore this your realm into such
+state, as heretofore it hath been; first, your Highness hath no other
+ways, but when time and opportunity serveth, to bring your base money
+into fine of xi ounces fine, and so gold after the rate.
+
+Secondly, not to restore the Steelyard to their usurped privileges.
+
+Thirdly, to grant as few licences as you can.
+
+Fourthly, to come in as small debt as you can beyond seas.
+
+Fifthly, to keep up your credit, and specially with your own merchants,
+for it is they must stand by you at all events in your necessity. And
+thus I shall most humbly beseech your Majesty to accept this my [poor
+writing in good] part; wherein I shall from time to time, as opportunity
+doth serve, put your Highness in remembrance, according to the trust
+your Majesty hath reposed in me; beseeching the Lord to give me the
+grace and fortune that my service may always be acceptable to your
+Highness; as knoweth our Lord, whom preserve your noble Majesty in
+health, and long to reign over us with increase of honour.
+
+By your Majesty's most humble and faithful obedient subject,
+
+THOMAS GRESHAM, _Mercer_.
+
+[Footnote 304: _i.e._ Fordeal, or advantage.]
+
+
+5. THE REASONS WHY BULLION IS EXPORTED [_Br. M. Cotton Ms. Otho. E. x.,
+f. 145_[305]], _temp._ ELIZABETH.
+
+Where the Queen's Majesty is moved, that for the staying of the
+transportation of gold she will be pleased either to call in all gold by
+proclamation and then to coin it anew again with more alloy, or else
+that her Majesty should call in no gold, but coin new and utter them at
+higher rate than now, it seemeth the matters intend, that it is
+transported for the richness only, and, being either based by alloy or
+dearly priced, no more would be transported.
+
+But if all the true causes of this late transportation be considered,
+that will not be sufficient to stay gold within.
+
+The true causes, that it is transported, be these with others:
+
+1. Some is carried into the Low Countries, because the exchange hath
+been high and the gold of greater prices there than here.
+
+2. These dear years much hath been carried out to buy corn with, wherein
+somewhat endeavour hath been, because the return paid no custom.
+
+3. Very much hath been transported to provide foreign commodities,
+because this realm spendeth more of them, than the same commodities
+transported amount unto, as it is supposed and as may be perceived by
+the wines, silks, lawns, gold-lace, silver-lace and such like here
+spent.
+
+4. Much is conveyed by strangers, that bring in their country
+commodities and will not employ the price in English commodities,
+because their customs be great.
+
+5. The like is sometimes done by English merchants for the paying of
+debts or providing of foreign commodities, for the saving of custom
+outward being also great.
+
+6. Much bullion hath been transported, because the merchants and
+goldsmiths could not of long time have it coined and delivered in due
+time out of the mint.
+
+7. Some by captains, soldiers and others, that might not be searched.
+
+8. Some by the help of the mintmen in thirty-shilling-pieces upon
+pretence to make great gain thereof to her Majesty.
+
+The second cause will now cease of itself; the fourth, fifth, sixth and
+eighth may be removed by good orders to be taken; the seventh by peace
+amongst princes; the first will never be taken away further than shall
+please the bankers and rich merchants of the Low Countries, who joining
+with the rich Flemings dwelling will be able with their money and
+cunning to make the exchange to rise and fall, as they shall think good
+for their gain or our loss. And the governors there, finding by their
+mint-masters and merchants the alteration of the English standards and
+values of gold, being more vigilant, provident and skilful in such
+matters than the English, will at their pleasures cry up and down the
+currency of English coin, be it never so base, at such times and in such
+manner as [the]y will, draw it from home to their ... lnes and melt it
+or return it back at their pleasures for their own gain and our loss,
+unless they will agree and take order, that it shall be always current
+there at the same value that it is here, without alteration.
+
+But the third _causa causarum_ being taken away, which is to be wished
+for, although not to be hoped for in haste, all the rest and all other
+like causes of transportation must need cease withall or at the least do
+little hurt; for if England would spend less of foreign commodities than
+the home commodities will pay for, then the remain must of necessity be
+returned of silver or gold; but if otherwise, then it will fare in
+England in short time as it doth with a man of great yearly living, that
+spendeth more yearly than his own revenue, and spendeth of the stock
+besides.
+
+And so it is concluded, that for these reasons neither the baseing of
+the standards nor the raising of the values of the coin of gold is like
+to stay it from transportation.
+
+[Footnote 305: Quoted Schanz. _op. cit._, Vol. II, pp. 648-9.]
+
+
+6. THE ITALIAN MERCHANTS EXPLAIN THE FOREIGN EXCHANGES TO SIR THOMAS
+GRESHAM AND OTHER ROYAL COMMISSIONERS [_Ms. of Lord Calthorpe, Vol. XX,
+f. 68_[306]], 1576.
+
+Forasmuch as your worships have required, that we, the merchants
+Italians, should show present your worships with more brevity, than we
+have done afore, in what points doth grieve us the new imposition and
+order, that hath been set upon the exchange, although it is not easily
+utter it in few words, nevertheless we have set it forth as briefly as
+we can.
+
+Therefore it may please your worships to understand, that the chiefest
+living and maintenance that we have is upon the commissions that are
+sent unto us of our friends from beyond the seas to sell foreign wares
+here in London and buy English wares for to send over.
+
+The trade of the foreign wares for England will much decay because of
+the imposition and difficulty upon the exchange; for such our friends,
+that did send such commodities as alum, woad, canvas, silks, wines and
+other necessary things for the intent to reiterate shortly after the
+sending hither such commodities, so soon as they knew they were here
+arrived, did use to take up money by exchange for London; and if the
+said wares were not sold or money not due, they gave here commission to
+their factors to take it up by rechange again; and so in time of an
+usage or double usage of Antwerp, an usage or a fair at Lyons, this
+matter might be well compassed without any great loss, and by this mean
+they might help themselves with their money of their wares a great while
+before that it were money in deed; but now that they shall know, that
+the exchange will give them such loss by the payment of this fee besides
+the ordinary interest that is used to come upon the exchange, they shall
+not be able to continue this trade nor to reiterate so often the same.
+Therefore there shall ensue a great diminishing of the Queen's custom
+inwards, and that the English people shall pay the dearer for the
+necessary foreign commodities, and we particularly shall remain
+destitute of these commissions and factories.
+
+We say likewise of the trade of others our commissioners, that did use
+to send for English commodities as cloths and others being not forbidden
+and inward, they send nothing or very little; for those, that ought here
+to buy for themselves, might in two manners furnish the money, the one
+causing money to be remitted unto them from beyond the seas, and the
+other in taking money here in London by exchange. Touching the first
+manner they shall lack much of that help; for money shall not be
+remitted unto them, for because in foreign places there shall be found
+no man that will take up money by exchange for London, knowing that it
+shall be more damageable unto them than other places as much as this fee
+doth import, which will always fall upon the debtor, and he shall
+scarcely find money here in London to take up by exchange; so little
+will be exchange that hereafter will be made, therefore our commission
+outward will fail unto us, as we have said above of these inward, and
+the Queen's customs outwards also will much decay, and the English
+people, that did utter at good prices the commodities and handicrafts,
+shall not be able to do it as afore they were, they shall suffer much
+damage and discommodity. Besides this the free exchange hath been an
+instrument whereby the merchants might pay honourably their debts at
+their day; for if one ought, for a manner of an example, this day a sum
+of money, it should be a dishonour unto him to desire his creditors to
+tarry a seven night, a fortnight or 20 days, until he should retain
+money for debts due unto him. But to pay his said debt, he might
+presently take up money by exchange to Lyons, Antwerp and then, after he
+had received his money, he might remit there for the same time that he
+took it up, and so with little loss compass his business. But now in
+such case considering that he shall be forced to pay two times this
+imposition one in the taking and the other in the delivering so shortly
+after, the interest of few days will cost him too much; therefore he
+shall be fain to restrain his trade and shall not be able to accept his
+friends' debts and changes he did before.
+
+Likewise those of us shall find too much charges, that made double
+exchanges for service of the English merchants, as for example they took
+money of your vintners for Bordeaux, and to the intent that the said
+money might be ready there, they did exchange it for Lyons or other
+places being content of any small profit; now that they must pay two
+times this imposition and that the ordinary brokerage, that often times
+they did save, they now shall not save, they shall need to make their
+reckoning and ask greater price of the vintners, the which peradventure
+will find it so heavy beside his part of the fee which he must pay, that
+he might take an evil occasion to send over the money.
+
+We made also oftentimes amongst us double exchanges without any broker,
+which was, for a manner of example, that one of us had money in Venice
+and would bring into this realm French wares, and another hath money in
+Lyons and would bring wares out of Italy, and so they did agree together
+to give one to another mutual letters of exchange the one for Lyons and
+the other for Venice; and whereas such double exchange of the value of
+100_li._ had no charge at all, now it shall have charge 35s., for the
+fee shall be paid for every one of the 2 bills of exchange, which is
+25s. and 10s. brokerage, that now is not to be escaped, maketh up the
+35s., so that we shall be fain utterly to leave of these double
+exchanges, that we made as well for the commodity of the merchants of
+your nation as of ourselves to the intent still to serve to the ease and
+trade of merchandise.
+
+But[307] the order yet is of more trouble and impediment, than the very
+imposition; for though the fee were in a manner but a penny in every
+hundredth pound, it were needful to find a means that the Queen's
+Majesty should not be defrauded of the same, the which we cannot invent
+or imagine, without that register shall be kept of all our doings and
+that our books shall be seen and our letters opened, the which thing
+will be an extreme prejudice unto our occupations, and we would have
+taken pain more at large to express the same, if that your worships had
+not the experience and knowledge better than us of this matter.
+
+Touching the standard of the English money, that you complain of is kept
+low by reason of the free exchange, we can say nothing but that our
+exchanges are made with a mutual consent between merchant and merchant,
+and that the abundance of the deliverers or of the takers make the
+exchange rise or fall; and this occasion doth counterpoise this place of
+London with the others; for if you will compel a needful person to take
+up for exchange for Antwerp at 26s. Flemish for every pound sterling,
+when the exchange is there at 24s., he shall leave off to take it, but
+will cause money to be remitted to him from thence according to the
+course of the exchange there.
+
+But some do complain of some strangers, that bring into England
+merchandises for more value than that they send out. We say, that the
+cause of this is the inequalities of the customs outwards; for a
+stranger cannot send into Flanders or into France a piece of cloth or
+kersey, except it should stand him dearer than he might have them there
+in those places at an Englishman's hands. Besides that it is to be
+considered, that the most part of commodities of this realm, that in
+times before might be transported out, now they be utterly forbidden as
+well corn, leather, tallow, or else charged with great licence as
+undressed cloths and others, so that it is not possible for strangers to
+meddle there withall; nevertheless we do deny, that the overplus of the
+amounting of the strange wares should be sent over by us in ready money,
+but we deliver it by exchange unto your English merchants, that may
+better traffic outwardly, and if we do at lower price than the value of
+the standard, we are very sorry and we would very gladly it were
+otherwise.
+
+That be the damages difficulties and inconveniences, that by this order
+shall happen, that is to say, for our part the whole destitution of all
+our friends' commission, whereupon was grounded our living and
+maintenance; damage unto Queen's Majesty for the diminishing of her
+customs for greater sum than the importance of the rent of this fee,
+though that exchanges should be in such frequency and number as they
+have been heretofore; the which thing cannot be, for very few exchange
+will be made; damage also to the common weal, for they shall pay dear
+for foreign wares for the scarcity that shall be here of the same, and
+they shall not so well sell the commodities of the realm, as they have
+done afore; and finally a dangerous occasion may be presented to some to
+carry away the money out of the realm, the which thing the free exchange
+doth avoid, and for this intent it is to be thought that it was
+instituted.
+
+Therefore we, considering that among all restraints, troubles or
+impediments, that ever was set against the trade of merchants in any
+place, this is the troublesomest, we beseech your worships to examine it
+and to report to her Majesty and to her honourable council upon this
+matter even as God Almighty shall inspire you for the common profit and
+wealth of this realm.
+
+[Footnote 306: Quoted Schanz, _op. cit._, pp. 642-6. It will be observed
+that the Italian merchants' knowledge of English is apparently somewhat
+defective.]
+
+[Footnote 307: "Bothe" in MS.]
+
+
+7. AN ACT AVOIDING DIVERS FOREIGN WARES MADE BY HANDICRAFTSMEN BEYOND
+THE SEAS [_5 Eliz. c. 7, Statutes of the Realm, Vol. IV, Part I, pp.
+428-429_], 1562.
+
+Whereas heretofore the artificers of this realm of England (as well
+within the city of London as within other cities, towns and boroughs of
+the same realm) that is to wit, girdlers, cutlers, saddlers, glovers,
+point-makers, and such like handicraftsmen, have been in the said
+faculties greatly wrought, and greatly set on work, as well for the
+sustentation of themselves, their wives and families, as for a good
+education of a great part of the youth of this realm in good art and
+laudable exercise, besides the manifold benefits, that by means or by
+reason of their knowledges, inventions, and continual travel, daily and
+universally came to the whole estate of the commonwealth of this said
+realm:
+
+II. Yet notwithstanding so now it is, that by reason of the abundance of
+foreign wares brought into this realm from the parts of beyond the seas,
+the said artificers are not only less occupied, and thereby utterly
+impoverished, the youth not trained in the said sciences and exercises,
+and thereby the said faculties, and the exquisite knowledges thereof,
+like in short time within this realm to decay; but also divers cities
+and towns within this realm of England much thereby impaired, the whole
+realm greatly endamaged, and other countries notably enriched, and the
+people thereof well set on work, to their commodities and livings, in
+the arts and sciences aforesaid, and to the great discouragement of
+skilful workmen of this realm, being in very deed nothing inferior to
+any stranger in the faculties aforesaid.
+
+III. For reformation whereof, be it enacted by our sovereign lady the
+Queen's Highness, and by the Lords Spiritual and Temporal, and the
+Commons of this present parliament assembled and by the authority of the
+same, that no person or persons whatsoever, from or after the feast of
+the Nativity of St. John Baptist now next ensuing, shall bring or cause
+to be brought into this realm of England from the parts of beyond the
+seas, any girdles, harness for girdles, rapiers, daggers, knives, hilts,
+pummels, lockets, chapes, dagger-blades, handles, scabbards, and sheaths
+for knives, saddles, horse-harness, stirrups, bits, gloves, points,
+leather-laces or pins, being ready made or wrought in any parts of
+beyond the seas, to be sold, bartered or exchanged within this realm of
+England or Wales; upon pain to forfeit all such wares so to be brought
+contrary to the true meaning of this act, in whose hands soever they or
+any of them shall be found, or the very value thereof. This act to
+continue and endure to the end of the next parliament.
+
+
+8. AN ACT TOUCHING CLOTH-WORKERS AND CLOTHS READY WROUGHT TO BE SHIPPED
+OVER THE SEA [_8 Eliz. c. 6, Statutes of the Realm, Vol. IV, Part I, p.
+489_], 1566.
+
+For the better employment and relief of great multitudes of the Queen's
+Majesty subjects, using the art and labour of cloth-working, it may
+please the Queen's most excellent Majesty, at the most humble suit of
+her said subjects, that it be enacted, and be it enacted by the
+authority of this present parliament:--That from henceforth for every
+nine clothes unwrought, hereafter to be shipped or carried into any the
+parts beyond the seas, contrary to the form of any statute heretofore
+made and now remaining in strength, by force of any licence hereafter to
+be granted, the party that shall ship and carry over the same, shall
+ship and carry over also one like woollen cloth of like sort, length,
+breadth and goodness, ready wrought and dressed; that is to say, rowed,
+barbed, first coursed and shorn from the one end to the other, so that
+every tenth cloth passing over the seas in form aforesaid may and shall
+be dressed within this realm, before the same shall be shipped or
+transported over, upon pain to forfeit for every such nine clothes so to
+be shipped or transported contrary to the meaning of this act, ten
+pounds. Provided always, that every such tenth cloth so to be
+transported ready wrought, shall not be accounted any of the clothes
+permitted to be transported by force of such licence, but that such
+person as shall have such licence may transport according to such
+licence the full number of clothes unwrought mentioned in the same
+licence, over and above the number of such tenth clothes which they
+shall be compelled to ship and carry over by force of this statute. And
+be it further enacted by authority aforesaid, that from the last day of
+February now next coming, no person shall ship or carry into the parts
+beyond the seas, contrary to the form of any statute heretofore made now
+remaining in force, any cloth commonly called Kentish cloth or Suffolk
+cloth, made or to be made in the counties of Kent or Suffolk, unwrought
+and undressed within this realm; that is to say, not rowed, barbed,
+first coursed and shorn; upon pain to forfeit for every such cloth,
+commonly called Kentish or Suffolk cloth, made or to be made in either
+of the said counties, so to be shipped or transported contrary to the
+form of this statute, forty shillings; and that no licence for
+transporting of any cloth or clothes shall be construed or expounded to
+extend to any such Kentish or Suffolk cloth, made or to be made in
+either of the said counties to be from henceforth transported....
+
+
+9. INCORPORATION OF A JOINT-STOCK MINING COMPANY [_Patent Rolls,_[308]
+_10 Eliz., Part V_], 1568.
+
+Elizabeth by the Grace of God, etc. To all unto whom these presents
+shall come, greeting.
+
+Whereas we ... have ... given and granted full power, license and
+authority to Thomas Thurland, clerk, ... and to Daniel Houghsetter, a
+German born ... to search ... for all manner of monies or ores of gold,
+silver, copper, or quicksilver, within our counties of York, Lancaster,
+Cumberland, Westmoreland, Cornwall, Devon, Gloucestershire and
+Worcestershire, and within our principality of Wales, or in any of them,
+and the same to try out, convert, and use to their most profit and
+commodity....
+
+And whereas our pleasure, intent, and meaning in our said Letters Patent
+was that, for the better help and more commodity of the said Thomas
+Thurland and Daniel Houghsetter and their several assignees, they ...
+might ... grant ... parts and portions of the said licenses ... and
+thereupon their several assignees have ... granted ... to ... William,
+Earl of Pembroke, and Robert, Earl of Leicestershire, and to ... James,
+Lord Mountjoy, and to Sir William Cecil, knight, our principal
+secretary, and John Tamworth and John Dudley, esquires, Leonell Duchet,
+citizen and alderman of London, Benedict Spynola, of London, merchant,
+John Lover, William Winter, Anthony Duchett, of the County of
+Westmoreland, gentlemen ... Daniel Ulstett, a German born [and ten
+others], divers parts and portions of the licenses, powers, authorities,
+privileges, benefits and immunities aforesaid;
+
+By force whereof the said Thomas Thurland and Daniel Houghsetter ...
+have travailed in the search, work and experiment of the mines and ores
+aforesaid ... and have now brought the said work to very good effect,
+whereby great benefit is like to come to us and this our Realm of
+England, which also will the rather come to pass if the persons ...
+having interest in the privileges aforesaid might by our grant be
+incorporated and made a perpetual body politic; ...
+
+Know ye, therefore, that we ... do give and grant to the aforenamed
+William Earl of Pembroke [and the others as above] that they by the name
+of Governor, Assistants, and Commonalty for the Mines Royal shall be
+from henceforth one body politic in itself incorporate, and a perpetual
+society of themselves both in deed and name....
+
+And, further, we ... will and grant ... that they ... shall and may not
+only admit into the said corporation and society such and as many
+persons as by the statutes ... shall be prescribed ... so that every
+such person ... shall ... have for the term of his life at the least the
+benefit of a quarter of one four-and-twenty part of the licenses,
+powers, authorities, privileges, benefits and communities aforesaid, ...
+but also shall and may minister to every such person to be admitted an
+oath tending to the due performing and keeping of the rules, statutes,
+and ordinances in form aforesaid to be made ...
+
+[Footnote 308: Printed by the Selden Society, Vol. 28, pp. 4-15.]
+
+
+10. AN ACT FOR THE INCREASE OF TILLAGE [_13 Eliz. c. 13. Statutes of the
+Realm, Vol. IV, Part I, pp. 547-48_], 1571.
+
+For the better increase of tillage, and for maintenance and increase of
+the navy and mariners of this realm, be it enacted, that from and after
+the feast of the Nativity of St. John Baptist next coming, it shall be
+lawful to all and every person and persons being subjects of the Queen's
+Majesty, her heirs and successors, and inhabiting within her highness'
+realms and dominions, only out of such ports and creeks where are or
+shall be resident a customer or collector of subsidy of tonnage and
+poundage, or one of their deputies, and not elsewhere, to load, carry or
+transport any wheat, rye, barley, malt, peas or beans into any parts
+beyond the seas, being in amity with this realm, and not prohibited by
+any restraint or proclamation, only to sell as a merchandize in ships
+carriers or other vessels bearing cross sails, whereof any English born
+subjects inhabiting within her Highness' realms and dominions then shall
+be the only owners, at all such times as the several prices thereof
+shall be so reasonable and moderate in the several counties where any
+such transportation shall be intended as that no prohibition shall be
+made, either by the Queen's Majesty, her heirs or successors, by
+proclamation to be made in the shiretown or in any port towns of the
+county, or else by some order of the lord president and council in the
+north, or the lord president and council in Wales, within their several
+jurisdictions, or of the justices of assizes at their sessions in other
+shires out of the jurisdiction of the said two presidents and councils,
+or by the more part of the justices of the peace of the county at their
+quarter sessions, in this manner following; that is, the said lord
+president and councils of the shires within their jurisdiction, the
+justices of assize at their several sessions in other shires out of the
+said jurisdictions belonging to the said councils in the north and in
+Wales, yearly shall, upon conference had with the inhabitants of the
+country of the cheapness and dearth of any the said kinds of grain
+within the countries within jurisdictions of the said councils, or in
+the other countries within the limits of the said justices of assize, by
+their discretion determine whether it shall be meet at anytime to permit
+any grain to be carried out of the realm by any port within the said
+several jurisdictions or limits, and so shall in writing under their
+hands and seals cause and make a determination either for permission or
+prohibition, and the same cause to be by the sheriff of the counties
+published and affixed in as many accustomed market towns and ports
+within the said shire as they shall think convenient, and in such manner
+as the Queen's Majesty's proclamations are usually published and
+affixed; which determination of the said presidents and councils in
+their jurisdictions, and of the justices of assize in their limits,
+shall continue in force for the time, place, and manner therein
+expressed until the said presidents and councils shall otherwise order,
+or until the justices of assize at their being in their said circuits in
+every of the said counties shall alter or otherwise order the same,
+except the same shall be otherwise in the mean time altered or
+countermanded by the Queen's Majesty, her heirs or successors, or by
+some order of the justices of the peace in the counties situated out of
+the jurisdictions of the said two councils in their quarter sessions to
+be holden in the meantime, or the greater part of them, shall find the
+same determination of the justices of assize to be hurtful to the
+county by means of dearth, or to be a great hindrance to tillage by
+means of too much cheapness, and shall by their writings under their
+hands and seals make any determination to the contrary, either for
+permission or prohibition of carrying of any kind of grain out of the
+realm; ...
+
+... Provided nevertheless, that neither any of the said presidents and
+councils, nor the said justices of assize nor the said justices of peace
+above mentioned, shall publish any their determinations above mentioned
+until the same shall be first by writing notified to the Queen's Majesty
+or to her privy council, and by her Majesty or her privy council shall
+be liked and allowed.
+
+Provided also, that the Queen's Majesty, her heirs and successors, shall
+have and receive by the customers and officers of her ports for the
+custom or poundage of every quarter of wheat to be transported by force
+of this statute, twelve pence, and of every quarter of any other grain,
+eight pence, and of every quarter of wheat that shall be by any special
+licence hereafter to be granted transported out of the realm, and not by
+force of this statute, two shillings, and of every quarter of other
+grain, sixteen pence, notwithstanding any manner of words that shall be
+contained or inserted in any licences to the contrary; which said
+several sums, so to be had or taken as custom or poundage, to be in full
+satisfaction of all manner of custom or poundage for the said corn or
+grain by any constitution, order, statute, law or custom heretofore
+made, used, or taken for transporting of any such manner of corn or
+grain.
+
+Provided also and be it enacted by the authority of this present
+parliament, that the Queen's Majesty, her heirs and successors, may at
+all times by her writ of proclamation to be published generally in the
+whole realm, or in the counties of this realm where any port towns are,
+command that no person shall by virtue of this act transport or carry
+out any manner of grain to any parts out of her dominions, either
+generally out of any port in the realm, or particularly out of any
+special ports to be in the same proclamation named; and that it shall
+not be lawful for any person to carry out any such grain contrary to the
+tenor of the same proclamation, upon such pains as by the laws of the
+realm are and have been provided.
+
+
+11. INSTRUCTIONS FOR AN ENGLISH FACTOR IN TURKEY [_Hakluyt. The
+Principal Voyages of the English Nation_], 1582.
+
+... And for that of many things that tend to the common benefit of the
+State, some tend more and some less, I find that no one thing, after one
+another, is greater than clothing, and the things incident to the same.
+And understanding that you are of right good capacity, and become a
+factor at Constantinople, and in other parts of Turkey, I find no man
+fitter of all the English factors there than you. And therefore I am so
+bold to put you in mind and to tell you wherein with some endeavour you
+may chance to do your country much good, and give an infinite sort of
+the poor people occasion to pray for you here throughout the realm. This
+that I mean is in matter of cloth, etc.
+
+1. First, you cannot deny but that this realm yieldeth the most fine
+wool, the most soft, the most strong wool, the most durable in cloth,
+and most apt of nature of all others to receive dye, and that no island
+or any one kingdom so small doth yield so great abundance of the
+same....
+
+2. There is no commodity of this realm that may set so many poor
+subjects on work, as this doth, that doth bring in so much treasure, and
+so much enrich the merchant, and so much employ the navy of this realm,
+as this commodity of our wool doth.
+
+Ample and full vent of this noble and rich commodity is it that the
+commonweal of this realm doth require.
+
+Spain now aboundeth with wool, and the same are clothed. Turkey hath
+wools, and so have divers provinces of Christendom and of heatheners,
+and cloth is made of the same in divers places.
+
+1. But if England have the most fine and the most excellent wools of the
+world in all respects (as it cannot be denied but it hath). 2. If there
+may be added to the same excellent artificial, and true making, and
+excellent dyeing. 3. Then no doubt but that we shall have vent for our
+cloths, though the rest of the world did abound much more with wool than
+it doth....
+
+But if foreign nations turn their wools, inferior to ours, into truer
+and more excellent made cloth, and shall dye the same in truer, surer,
+and more excellent and more delectable colours, then shall they sell
+and make ample vent of their cloths, when the English cloth of better
+wool shall rest unsold, to the spoil of the merchant, of the clothier,
+and of the breeder of the wool, and to the turning to bag and wallet of
+the infinite number of the poor people employed in clothing in several
+degrees of labour here in England.
+
+Which things weighed, I am to tell you what things I wish you in this
+realm, and after in Turkey, to endeavour from time to time, as your
+leisure may permit the same.
+
+Before you out of the realm, that you learn:
+
+1. To know wool, all kinds of cloth made in this realm, and all other
+employments of wool, home or foreign.... All the deceits in clothmaking
+... The faults in weaving. The faults in walking, rowing, burling, and
+in racking the cloth above measure upon the tenters....
+
+2. Then to learn of the dyers to discern all kinds of colours, as which
+be good and sure, and which will not hold; which be fair, and which
+not....
+
+3. Then to take the names of all the materials and substances used in
+this city or in the realm in dyeing of cloth or silk....
+
+4. These things superficially learned in the realm before you go, you
+are fitter in foreign parts to serve your country....
+
+What you shall do in Turkey, besides the business of your factorship.
+
+1. Forasmuch as it is reported that the woollen cloths dyed in Turkey be
+most excellently dyed, you shall send home unto this realm certain ...
+pieces of shred, to be brought to the Dyers' Hall, there to be shewed,
+partly to remove out of their heads the too great opinion they have
+conceived of their own cunning, and partly to move them for shame to
+endeavour to learn more knowledge, to the honour of their country of
+England and to the universal benefit of the realm.
+
+2. You shall devise to amend the dyeing of England, by carrying hence an
+apt young man brought up in the art, or by bringing one or other from
+thence of skill, or rather to devise to bring one for silks, and another
+for wool and for woollen cloth....
+
+3. Then to learn to know all the materials and substances that the Turks
+use in dyeing, be they of herbs, simple or compound, be they plants,
+barks, wood, berries, seeds, grains, or mineral matter....
+
+5. And in any wise, if anile that coloureth blue be a natural commodity
+of those parts, and if it be compounded of an herb, to send the same
+into this realm by seed, or by root in barrel of earth, with all the
+whole order of sowing, setting, planting, replanting, and with the
+compounding of the same, that it may become a natural commodity in this
+realm, as woad is, to this end, that the high price of foreign woad
+(which devoureth yearly great treasure) may be brought down....
+
+8. The wools being natural, and excellent colours for dyeing by this
+means here also natural, in all the art of clothing then we want but one
+only special thing. For in this so temperate a climate our people may
+labour the year throughout ... and the people of this realm by the great
+and blessed abundance of victual are cheaply fed, and therefore may
+afford their labour cheap. And where the clothiers in Flanders, by the
+flatness of their rivers, cannot make water-mills for their cloths, but
+are forced to dress and thicken all their cloths by the foot and by the
+labour of men, whereby their cloths are raised to an higher price, we in
+England have in all shires store of mills upon falling rivers.... Then
+we have also, for scouring our cloths, earths and clays.... Then also
+have we some reasonable store of alum and copperas here, made for
+dyeing.... Then we have many good waters apt for dyeing, and people to
+spin and to do the rest of all the labours we want not. So as there
+wanteth, if colours might be brought in and made natural, but only oil;
+the want whereof if any man could devise to supply at the full with
+anything that might become natural in this realm, he, whatsoever he were
+that could bring it about, might deserve immortal fame in this our
+commonwealth....
+
+10. And if you shall find that they make any cloth of any kind not made
+in this realm, that is there of great use, then to bring of the same
+into this realm some "mowsters,"[309] that our people may fall into the
+trade, and prepare the same for Turkey. For the more kinds of cloth we
+can devise to make, the more ample vent of our commodity we shall have,
+and the more sale of the labour of our poor subjects that else for lack
+of labour become idle and burdenous to the commonweal, and hurtful to
+many. And in England we are in our clothing trade to frame ourselves
+according to the desires of foreign nations, be it that they desire
+thick or thin, broad or narrow, long or short, white or black.
+
+11. But with this proviso always, that our cloth pass out with as much
+labour of our people as may be, wherein great consideration ought to be
+had. For (if vent might so admit), as it were the greatest madness in
+the world for us to vent our wool not clothed, so were it madness to
+vent our wool in part or on the whole turned into broad cloth, if we
+might vent the same in kersies; for there is a great difference to our
+people between the clothing of a sack of wool in the one and the like
+sack of wool in the other, of which I wish the merchant of England to
+have a great care as he may for the universal benefit of the poor; and
+the turning of a sack of wool into bonnets is better than both, etc. And
+also not to carry out of the realm any cloth white, but dyed, if it may
+be, that the subjects of this realm may take as much benefit as is
+possible, and rather to seek the vent of the cloths dyed with the
+natural colours of England than such as be dyed with foreign colours.
+
+Thus giving you occasion, by way of a little remembrance, to have desire
+to do your country good, you shall, if you have any inclination to such
+good, do more good to the poor ready to starve for relief than ever any
+subject did in this realm by building of almshouses, and by giving of
+lands and goods to the relief of the poor. Thus may you help to drive
+idleness, the mother of most mischief, out of the realm, and win you
+perpetual fame, and the prayer of the poor, which is more worth than all
+the gold of Peru and of all the West Indies.
+
+[Footnote 309: _i.e._ Samples.]
+
+
+12. THE ADVANTAGES OF COLONIES [_A True Report of the late Discoveries
+and Possession Taken in the Right of the Crown of England of the
+Newfound Lands by ... Sir Humfrey Gilbert_[310]; _Hakluyt's Principal
+Voyages of the English Nation_], 1583.
+
+... The fourth chapter sheweth how that the trade, traffic, and planting
+in these countries is likely to prove very profitable to the whole realm
+in general.
+
+Now to show how the same is likely to prove very profitable and
+beneficial generally to the whole realm. It is very certain that the
+greatest jewel of this realm, and the chiefest strength and force of the
+same, for defence or offence in martial matter and manner, is the
+multitude of ships, masters, and mariners ready to assist the most
+stately and royal navy of her Majesty, which by reason of this voyage
+shall have both increase and maintenance. And it is well known that in
+sundry places of this realm ships have been built and set forth of late
+days for the trade of fishing only; yet, notwithstanding, the fish which
+is taken and brought into England by the English navy of fishermen will
+not suffice for the expense of this realm four months, if there were
+none else brought of strangers. And the chiefest cause why our English
+men do not go so far westerly as the especial fishing places do lie,
+both for plenty and greatness of fish, is for that they have no succour
+and known safe harbour in those parts. But if our nation were once
+planted there or thereabouts, whereas they now fish but for two months
+in the year, they might then fish for so long as pleased themselves ...
+which being brought to pass shall increase the number of our ships and
+mariners.
+
+Moreover, it is well known that all savages ... will take marvellous
+delight in any garment, be it never so simple, as a shirt, a blue,
+yellow, red, or green cotton cassock, a cap, or such like, and will take
+incredible pains for such a trifle, ... which being so, what vent for
+our English cloths will thereby ensue, and how great benefit to all such
+persons and artificers, whose names are quoted in the margin, I leave to
+such as are discreet....
+
+To what end need I endeavour myself by arguments to prove that by this
+voyage our navy and navigation shall be enlarged, when as there needeth
+none other reason than the manifest and late example of the near
+neighbours to this realm, the Kings of Spain and Portugal, who, since
+the first discovery of the Indies, have not only mightily enlarged their
+dominions, greatly enriched themselves and their subjects, but have
+also, by just account, trebled the number of their ships, masters and
+mariners, a matter of no small moment and importance?
+
+Besides this, it will prove a general benefit unto our country, that,
+through this occasion, not only a great number of men which do now live
+idly at home, and are burdenous, chargeable, and unprofitable to this
+realm, shall hereby be set on work, but also children of twelve or
+fourteen years of age, or under, may be kept from idleness, in making of
+a thousand kinds of trifling things, which will be good merchandise for
+that country. And, moreover, our idle women (which the realm may well
+spare) shall also be employed on plucking, drying, and sorting of
+feathers, in pulling, beating, and working of hemp, and in gathering of
+cotton, and divers things right necessary for dyeing. All which things
+are to be found in those countries most plentifully. And the men may
+employ themselves in dragging for pearl, working for mines, and in
+matters of husbandry, and likewise in hunting the whale for trane, and
+making casks to put the same in, besides in fishing for cod, salmon and
+herring, drying, salting and barrelling the same, and felling of trees,
+hewing and sawing of them, and such like work, meet for those persons
+that are no men of art or science.
+
+Many other things may be found to the great relief and good employment
+of no small number of the natural subjects of this realm, which do now
+live here idly, to the common annoy of the whole State. Neither may I
+here omit the great hope and likelihood of a passage beyond the Grand
+Bay into the South Seas, confirmed by sundry authors to be found leading
+to Cataia, the Moluccas and Spiceries, whereby may ensue as general a
+benefit to the realm, or greater than yet hath been spoken of, without
+either such charges or other inconveniences, as, by the tedious tract of
+time and peril, which the ordinary passage to those parts at this day
+doth minister....
+
+I must now, according to my promise, show forth some probable reasons
+that the adventurers in this journey are to take particular profit by
+the same. It is, therefore, convenient that I do divide the adventurers
+into two sorts, the noblemen and gentlemen by themselves, and the
+merchants by themselves. For, as I do hear, it is meant that there shall
+be one society of the noblemen and gentlemen, and another society of the
+merchants; and yet not so divided, but that each society may freely and
+frankly trade and traffic one with the other.
+
+And first to bend my speech to the noblemen and gentlemen, who do
+chiefly seek a temperate climate, wholesome air, fertile soil, and a
+strong place by nature whereupon they may fortify, and there either
+plant themselves or such other persons as they shall think good to send
+to be lords of that place and country:--To them I say that all these
+things are very easy to be found within the degrees of 30 and 60
+aforesaid, either by south or north, both in the continent and in
+islands thereunto adjoining, at their choice ... and in the whole tract
+of that land, by the description of as many as have been there, great
+plenty of mineral matter of all sorts, and in very many places both
+stones of price, pearl and chrystal, and great store of beasts, birds,
+and fowls, both for pleasure and necessary use of man are to be
+found....
+
+And now for the better contemplation and satisfaction of such
+worshipful, honest-minded and well-disposed merchants as have a desire
+to the furtherance of every good and commendable action, I will first
+say unto them, as I have done before to the noblemen and gentlemen, that
+within the degrees aforesaid is doubtless to be found the most wholesome
+and best temperature of air, fertility of soil, and every other
+commodity or merchandise, for the which, with no small peril, we do
+travel into Barbary, Spain, Portugal, France, Italy, Muscovy and
+Eastland, and yet, to the end my argument shall not altogether stand
+upon likelihoods and presumptions, I say that such persons as have
+discovered and travelled those parts do testify that they have found in
+those countries all these things following, namely:--[a list of beasts,
+birds, fishes, trees, minerals, etc.] ...
+
+Now for the trial hereof, considering that in the articles of the
+society of the adventurers in this voyage there is provision made that
+no adventurer shall be bound to any further charge than his first
+adventure, and notwithstanding keep still to himself, his children, his
+apprentices and servants, his and their freedom for trade and traffic,
+which is a privilege that adventurers in other voyages have not; and in
+the said articles it is likewise provided that none other than such as
+have adventured in the first voyage, or shall become adventurers in this
+supply, at any time hereafter are to be admitted in the said society,
+but as redemptionaries, which will be very chargeable; therefore,
+generally, I say unto all such, according to the old proverb. "Nothing
+venture, nothing have" ...
+
+The sixth chapter sheweth that the traffic and planting in those
+countries shall be unto the savages themselves very beneficial and
+gainful....
+
+... First and chiefly, in respect of the most happy and gladsome tidings
+of the most glorious gospel of our Saviour Jesus Christ, whereby they
+may be brought from falsehood to truth, from darkness to light, from the
+highway of death to the path of life, from superstitious idolatry to
+sincere Christianity, from the devil to Christ, from hell to heaven. And
+if in respect of all the commodities they can yield us (were they many
+more) that they should but receive but this only benefit of
+Christianity, they were more than fully recompensed.
+
+But hereunto it may be objected that the Gospel must be freely preached,
+for such was the example of the apostles.... Yet for answer we may say
+with St. Paul: If we have sown unto you heavenly things, do you think it
+much that we should reap your carnal things? And withal, The workman is
+worthy of his hire. These heavenly tidings which those labourers our
+countrymen (as messengers of God's great goodness and mercy) will
+voluntarily present unto them, do far exceed their earthly riches....
+
+[Footnote 310: Gilbert was drowned in the "Squirrel" on September 9th,
+1583. The above document purports to have been written after the return
+of the "Golden Hind," but before the loss of the "Squirrel" was
+certainly known.]
+
+
+13. LORD BURGHLEY TO SIR CHRISTOPHER HATTON ON THE STATE OF TRADE [_Sir
+H. Nicholas, Memoirs of Sir Christopher Hatton, pp. 470-2_], 1587.
+
+TO THE LORD CHANCELLOR.
+
+My Lord,
+
+I am sorry that my pains are such as I cannot attend on you to-day in
+the Star Chamber, having yesterday, by more zeal of service in the
+Exchequer Chamber than of regard to my harms, so weakened and pained my
+leg, as I cannot stir it out of my bed; but this my declaration of my
+state is to no purpose to occupy your Lordship withal. This great matter
+of the lack of vent, not only of clothes, which presently is the
+greatest, but of all other English commodities which are restrained from
+Spain, Portugal, Barbary, France, Flanders, Hamburgh, and the States,
+cannot but in process of time work a great change and dangerous issue to
+the people of the realm, who, heretofore, in time of outward peace,
+lived thereby, and without it must either perish for want, or fall into
+violence to feed and fill their lewd appetites with open spoils of
+others, which is the fruit of rebellion; but it is in vain to remember
+this to your Lordship, that is so notorious as there need no repetition
+thereof. The evil being seen and like daily to increase beyond all good
+remedies, it is our duties that are Councillors to think of some
+remedies in time, before the same become remediless; and briefly the
+best means of remedy must follow the consideration of the causes of this
+evil, and so _contrariis contraria curare_. The original cause is
+apparently the contentions and enmities betwixt the King of Spain and
+his countries, and her Majesty and her countries. The reduction hereof
+to amity betwixt the Princes, and to open traffic according to the
+ancient treaties of intercourse, would be the sovereign remedy; but this
+may be wished sooner than speedily effectuated. But yet, seeing there is
+a signification notified of the good inclination of both the Princes,
+and a great necessity to press them both thereto for the suagement of
+their people, it were pity any course should be taken either to hinder
+this or not to hasten it, which surely in the Low Countries would be
+done, with whatsoever a reasonable cost may be, to keep the enemy from
+victuals, and to withstand his enterprises against our friends until
+this next harvest; and by this proceeding against him, there is no doubt
+but he will yield to all reasonable conditions meet both for her Majesty
+and her protected friends; otherwise, if the good fortune of our friends
+do decay, and the enemy recover that which he now lacketh, that is store
+of victuals, he will either underhand make peace with our friends, whom
+he shall find both weak and timorous, and leave her Majesty in danger
+for recovery of all that she hath spent, and in greater charges to
+maintain her two cautionary towns against the whole Low Countries than
+two Boulognes were, or else he will, being puffed with pride, make a
+very Spanish conquest of Holland and Zealand,--a matter terrible to be
+thought of, but most terrible to be felt. But to insist upon this remedy
+is as yet in vain, and therefore such other poor helps are to be thought
+of as may somewhat mitigate the accidents present, and stay the increase
+thereof, whereof when I do bethink myself, I find no one simple remedy,
+but rather compounded of divers simples, and to say truly they are but
+simple remedies, until peace may ensue, which is the sovereign sole
+medicine of all. To have vent increase, there must be more buyers and
+shippers than there are, and seeing our merchants say that they cannot
+have sales sufficient,
+
+1. It were good that the Steelyard men were licensed to trade as they
+were wont to do, with condition upon good bonds that our merchants
+adventurers shall have their former liberties in Hamburgh;
+
+2. These Steelyard merchants must also have a dispensation to carry a
+competent number of unwrought cloths that are coarse, which are the
+cloths whereof the great stay is in the Realm.
+
+3. Beside this, the merchant strangers might have a like dispensation
+for the buying and shipping of a competent number of like white coarse
+cloths.
+
+4. And if her Majesty, for some reasonable time, would abate only 2s.
+upon a cloth, I think there would grow no loss to her Majesty, having
+respect to the multitude of the cloths that should be carried, whereas
+now the strangers carry few, but upon licences, for which her Majesty
+hath no strangers' customs, but English.
+
+5. The strangers also must have liberty to buy in Blackwell Hall, or
+else there may be a staple set up in Westminster, out of the liberties
+of the City of London, which, rather than London would suffer, I think
+they will grant liberty to strangers in respect to the hallage money
+which they shall lease. Notwithstanding all these shows of remedies, I
+could wish that our merchants adventurers were made acquainted herewith,
+and to be warned, that if they shall not amend the prices to clothiers
+for their coarse cloths, whereby the clothiers may be reasonably
+apparent gainers, and that to be put in practice this next week, that
+then her Majesty will give authority to put the former helps in
+practice. Thus, my good Lord, because I understand you are to go to the
+Court this afternoon, I have thought good to scribble, as I do (lying in
+pain) these few cogitations, submitting them to a more mature
+disquisition.
+
+ Your Lordship's most assured,
+
+ W. BURGHLEY.
+
+
+14. A LIST OF PATENTS AND MONOPOLIES [_Lodge. Illustrations of British
+History, Vol. III, pp.. 159,[311] ff._]
+
+33. Eliz.--A grant to Reynold Hopton only, and no other, to make
+flasks, touch-boxes, powder-boxes, and bullet-boxes, for 15 years.
+
+34 Eliz.--A grant to Simon Farmer and John Craford only, and no other,
+to transport list shreds of woollen cloth, and all manner of horns, for
+21 years.
+
+35 Eliz.--A grant to Bryan Annesley, solely, and no other, to buy and
+provide steel beyond sea and sell the same within this realm for 21
+years.
+
+36 Eliz.--A grant to Robert Alexander only, and no other, to buy and
+bring in anise-seeds, sumach, etc., for 21 years.
+
+39 Eliz.--A grant to John Spillman only, and no other, to buy linen
+rags, and to make paper.
+
+40 Eliz.--A grant to Ede Schetts, and his assignees only, and no other,
+to buy and transport ashes and old shoes for 7 years.
+
+36 Eliz.--A grant to [_blank_] only, and no other, to provide and bring
+in all Spanish wools for making of felt hats, for 20 years.
+
+34 Eliz.--A grant that Sir Jerome Bowes, and no other, shall make
+glasses for 12 years.
+
+42 Eliz.--A grant made to Harding and others only, concerning saltpeter.
+
+41 Eliz.--A grant that Brigham and Wimmes shall only have the
+pre-emption of tin.
+
+Other Monopolies for one man only and no other--
+
+To register all writings and assurances between merchants, called
+policies.
+
+To make spangles.
+
+To print the Psalms of David.
+
+To print Cornelius Tacitus.
+
+To sow woad in certain numbers of shires.
+
+To print grammars, primers, and other school books.
+
+To print the law.
+
+To print all manner of songs in parts.
+
+To make mathematical instruments.
+
+To plainish and hollow silver vessels.
+
+That one man and no other shall make writs of _subpoena_ in Chancery,
+Sir Thomas George.
+
+To write all writs of supplication and _supersedeas_ for the peace and
+good behaviour, and all pardons of outlawry, George Carew.
+
+To draw leases in possession made by the King, Sir Edward Stafford.
+
+To engross all leases by the great seal.
+
+Licenses and Dispensations to one man only, of the Penalty of Penal
+Laws, and Power given to license others--
+
+[18] Eliz.--A license to Sir Edward Dyer, to pardon and dispense with
+tanning of leather, contrary to the statute of 5 Eliz., and to license
+any man to be a tanner.
+
+30 Eliz.--A patent to Sir Walter Raleigh, to make licenses for keeping
+of taverns and retailing of wines throughout England.
+
+31 Eliz.--The grant to John Ashley and Thomas Windebank, to have all
+forfeitures and penalties for burning of timber trees to make iron,
+contrary to the statute of 1 Eliz.
+
+36 Eliz.--A license to Roger Bineon, and others, to take the whole
+forfeiture of the statute of 5th and 6th of Edw. VI, for pulling down
+gig-mills.
+
+37 Eliz.--A license to William Smith only, and no others, to take the
+benefit of the statute of 5 Eliz. for gashing of hides, and barking of
+trees.
+
+38 Eliz.--A license to Thomas Cornwallis only, and no other, to make
+grants and licenses for keeping of gaming-houses, and using of unlawful
+games, contrary to the statute of 33 Henry VIII.
+
+39 Eliz.--A license to William Carre, for nine years, to authorize and
+license any person to brew beer to be transported beyond sea.
+
+40 Eliz.--A license to Richard Coningsby, to give license for buying of
+tin throughout England.
+
+41 Eliz.--A license to Richard Carnithen only, to bring in Irish yarn
+for seven years.
+
+_Impositions._
+
+41 Eliz.--A grant to Bevis Bulmer to have an imposition of sea-coal,
+paying £6,200 rent for 21 years.
+
+36 Eliz.--A grant made to John Parker, Esq., to have twelve-pence for
+filing of every bill in Chancery in respect whereof the subject is to be
+discharged of payment of anything of search.
+
+41 Eliz.--A license to trade the Levant Seas with currants only, paying
+£4,000 per annum.
+
+Particular licenses to transport certain numbers of pelts of sheep-skins
+and lambskins.
+
+Certain numbers of woollen cloths.
+
+Certain numbers of dickers of calf-skins.
+
+_New Inventions._
+
+Only and no other, so as they were never used in England before.
+
+To inn and drain [_blank_] grounds.
+
+To take water fowl.
+
+To make devices of safe-keeping of corn.
+
+To make a device for soldiers to carry necessary provisions.
+
+[Footnote 311: Quoted, _English Patents of Monopoly_, Appendix c, W.H.
+Price, 1603.]
+
+
+15. INSTRUCTIONS TOUCHING THE BILL FOR FREE TRADE [_Journals of the
+House of Commons, Vol. I, p. 218_], 1604.
+
+The Committees from the House of the Commons sat five whole afternoons
+upon these Bills; there was a great concourse of clothiers and
+merchants, of all parts of the realm, and especially of London; who were
+so divided, as that all the clothiers, and, in effect, all the merchants
+of England, complained grievously of the engrossing and restraint of
+trade by the rich merchants of London, as being to the undoing, or great
+hindrance, of all the rest; and of London merchants, three parts joined
+in the same complaint against a fourth part; and of that fourth part,
+some standing stiffly for their own company, yet repined at other
+companies. Divers writings and informations were exhibited on both
+parts; learned Counsel was heard for the Bill, and divers of the
+principal Aldermen of London against it; all reasons exactly weighed and
+examined; the Bill, together with the reasons on both sides, was
+returned and reported by the Committees to the House; where, at the
+third reading, it was three several days debated, and in the end passed
+with great consent and applause of the House (as being for the exceeding
+benefit of all the land) scarce forty voices dissenting from it.
+
+The most weighty reasons for the enlargement of trade were these:
+
+_Natural Right._--All free subjects are born inheritable, as to their
+land, so also to the free exercise of their industry in those trades,
+whereto they apply themselves and whereby they are to live. Merchandize
+being the chief and richest of all other, and of greater extent and
+importance than all the rest, it is against the natural right and
+liberty of the subjects of England to restrain it into the hands of some
+few, as now it is; for although there may be now some five or six
+thousand persons, counting children and prentices, free of the several
+Companies of the Merchants, in the whole; yet apparent it is, that the
+Governors of these Companies, by their monopolizing orders, have so
+handled the matter, as that the mass of the whole trade of all the realm
+is in the hands of some two hundred persons at the most, the rest
+serving for a shew only, and reaping small benefit.
+
+_Judgement of Parliament._--The law stands for it; and a law made 12th
+of Henry the Seventh, never repealed by Parliament, only restrained
+since by charters, unduly, or by untrue suggestions, procured (by which
+means all other monopolies have had their original) and the first of
+those charters since the making of that statute (which was purchased in
+the end of the reign of Henry the Seventh, at what time Empson and
+Dudley were instruments of so much wronging and oppressing the people)
+yet doth in no wise restrain this liberty of free trade, but expressly
+allow it (with a reverence unto that very act in the 12th of this reign)
+and so continued till the reign of Queen Elizabeth.
+
+_Examples of Nations._--The example of all other nations generally in
+the world, who avoid in themselves, and hate in us, this monopolizing
+way of traffic; for it cannot be otherwise counted than a monopoly, when
+so large a commodity is restrained into the hands of so few in
+proportion, to the prejudice of all other who by law and natural right
+might have interest therein. And whereas some allege that there are like
+Companies in other countries, as of the East Indies in Lesbone, the
+House of Contraction there, the Fontego at Venice, the Travesana at
+Noremberg, these allegations are either untrue or unproper. There are
+places of assembly for merchants, and to consult for good orders in all
+other countries, but without restraint of trading from any man; and how
+traffic, by this freedom, doth flourish in other countries, and
+principally in the Low Countries, far more than in ours, is apparent to
+all the world.
+
+_Wealth._--The increase of the wealth generally of all the land by the
+ready vent of all the commodities to the merchants at higher rate; for
+where many buyers are, ware grows dearer; and they that buy dear at
+home, must sell dear abroad: this also will make our people more
+industrious.
+
+_Equal Distribution._--The more equal distribution of the wealth of the
+land, which is a great stability and strength to the realm, even as the
+equal distributing of the nourishment in a man's body; the contrary
+whereof is inconvenient in all estates, and oftentimes breaks out into
+mischief, when too much fullness doth puff up some by presumption, and
+too much emptiness leaves the rest in perpetual discontent, the mother
+of desire of innovations and troubles: and this is the proper fruit of
+monopolies. Example may be in London, and the rest of the realm: The
+custom and impost of London come to a hundred and ten thousand pound a
+year, and of the rest of the whole realm but to seventeen thousand
+pound.
+
+_Strength._--The increase of shipping, and especially of mariners, in
+all ports in England. How greatly the mariners of the realm have decayed
+in all places of latter times, and with how great danger of the state in
+these late wars, is known to them who have been employed in that kind of
+service; who do also attribute the cause thereof to this restraint of
+trade; free traffic being the breeder and maintainer of ships and
+mariners, as by memorable example in the Low Countries may be seen.
+
+_Profit of the Crown._--The increase of custom and subsidy to the King,
+which doth necessarily follow the increase of foreign traffic and
+wealth. And they which say otherwise, will dare to say anything. These
+reasons are in great part set down in the Act of the 12th of Henry
+VIIth; other particular reasons there are, which this present time doth
+not yield.
+
+_Opportunity Abroad._--Under our gracious Salamon, a Prince of wisdom
+and peace, we are like to be in league or amity with all nations;
+whereby, as there will be greater freedom abroad to trade to all places,
+so fit to have greater at home for all persons to trade. This alteration
+of times may make that fit now, which in times of hostility might have
+seemed unfit.
+
+_Necessity at Home._--And as there will be greater opportunity abroad,
+so also much greater necessity at home; for what else shall become of
+gentlemen's younger sons, who cannot live by arms when there is no wars,
+and learning preferments are common to all and mean? So that nothing
+remains fit for them, save only merchandize (and such is the use of
+other politic nations) unless they turn serving men, which is a poor
+inheritance.
+
+The general reasons to continue the restraint of trade, and the answer
+to them, were these:
+
+_Imputation of the State._--It is a taint to the King and State, that
+these restrained companies should be called or counted monopolies; and
+by this Act we insist and strengthen the complaint of the Haven Towns
+and other nations against the State for suffering such companies.
+
+_Answer._--The same reason doth justify all the monopolies that ever
+were. It is no touch to the State if abuses creep in, but if
+reformation, desired by parliament, be denied. But surely this taint
+doth no ways attaint his Majesty, who hath declared himself a just enemy
+to all these unjust monopolies.
+
+_Not Monopolies._--These Companies are not monopolies; for a monopoly
+is, when liberty of selling, due to all men by right, is restrained to
+one, with prejudice of all others.
+
+_Answer._--The name of monopoly, though taken originally for personal
+unity, yet is fitly extended to all improportionable paucity of the
+sellers in regard of the ware which is sold. If ten men had the only
+sale of all the horses in England, this were a monopoly; much more the
+Company of Merchant Adventurers, which, in effect not above two hundred,
+have the managing of the two third parts of the clothing of this realm,
+which might well maintain many thousand merchants more. And with how
+great prejudice this is sundry ways to all the land, let example
+suffice; let the cry of all the clothiers of England testify, and the
+utter overthrow of infinite poor persons, which live by them and their
+works. For the clothiers having no utterance of their cloth but to the
+merchant adventurers, they, by complot among themselves, will buy but at
+what time, what quality, and what price themselves list; whereby the
+clothiers are fain often to return with loss, to lay their cloths to
+pawn, to slack their trade, to the utter ruin of their poor workmen,
+with their wives and children.
+
+_Keeping up our Commodities._--These Companies keep up the price of our
+commodities abroad, by avoiding an over-glut of our commodities in
+places whereto they trade. And this experience doth witness; for our
+cloth is of late years much dearer than in former times; whereas
+contrarywise, when trade is free, many sellers will make ware cheap and
+of less estimation.
+
+_Answer._--It is true that all monopolies keep up their commodities for
+their own private lucre; but they do it unjustly, and to the discontent
+of all other men; which hath been the cause of so many edicts of the
+Empire against the Company of Merchant Adventurers, which hath driven
+them so often to shift their marts; and is the cause, that our merchants
+are so generally hated, no other nation Christian either using or
+enduring such restrained Companies in matter of merchandizes. Howbeit
+both by reason and experience we may conjecture that there is no greater
+[_blank_] that if trade be made free, our commodities will much abate
+their price abroad; for the merchants must first buy their commodities
+at home; and where many buyers are, wares will grow dearer; and buying
+dear at home, he must sell dear abroad. For it is not true that there
+will be a greater glut of our commodities in foreign parts; the sellers
+will be more, but the wares sold will be much the same, especially in
+those principal commodities, which grow out of the land. It is the store
+of the merchandize, not the multitude of merchants, which doth make
+things cheaper. Besides, when trade is free, it is likely that many
+young men will seek out new places, and trade further for great benefit;
+whereby the glut in the former places will be less.
+
+The weakness of their argument of experience is plain; for not cloth
+only, but all other things in the world are risen greatly in price; and
+in France, where there is no Companies, our kerseys are sold at
+exceeding good price, and as dear, in proportion, as broad cloths by the
+Merchant Adventurers. But if it were so, that they kept up our
+commodities abroad, so do they, by the same skill, foreign commodities
+at home: so a few rich men do gain by their out-going, and the whole
+land doth lose much more by their return. They say that they gain little
+by return of foreign commodities. There lieth a mystery, for it is true,
+and will be avowed upon certain knowledge, that upon the arrival of the
+Merchant Adventurers' fleet, the commodities, on the other side, are
+ordinarily raised at least twenty in the hundred; for so do they quit
+one wrong with another. But hereby the loss still falls heavy on the
+subject, who is damnified now again in the commodities returned, as he
+was before in the engrossing of those which were issued.
+
+_Venting all Now._--The Companies that now are, do vent all the
+commodities of the land, and yet are they hardly able to live one by
+another.
+
+_Answer._--It is not all vented, which the land might spare; and that by
+reason of the courses held by these Companies, to their own excessive
+gain, and certain loss of all other men: besides, when traffic shall
+flourish with us, as doth in other countries, where trade is free, and
+namely in the Low Countries, who thereby have supported the huge charge
+of their long wars, things merchantable will increase daily by this
+encouragement to the subjects' industry, even as there they do; for
+natural commodities are more than trebled by access of art and industry;
+and howsoever, yet the division of wealth will be more equal; for now,
+by the plotting of the governor of these Companies, some few overgrown
+men devour the wealth, and make merry, whilst the rest, even of their
+own Companies, do want and weep.
+
+_Prenticeship Necessary._--This Act makes it lawful to become merchants
+without prenticeship; which is an injury to them which have served, and
+hurt to them that serve not; who, venturing unskilfully, shall be sure
+of loss.
+
+_Answer._--The loss of new merchants, it may be, is as much the desire,
+as fear of the objectors; but they that have served, have their skill
+for their labour; and they that serve not, must be at charge of a
+factor, or join with their friends, and learn skill by them; or at least
+wise men adventure their stocks with other men, after the fashion of the
+Low Countries, and other places, where trade doth flourish. By the same
+reason young gentlemen might be kept from their lands, for want of skill
+to govern them.
+
+_Dissolving Companies._--This Act, by enlarging the Companies, and
+giving free access to all men, doth in effect dissolve them; for hardly
+are they able to govern those that are in already; and where government
+faileth, there will be certain confusion.
+
+_Answer._--This Act dissolveth no Company, taketh away no good
+government. Those orders in Companies, which tend to monopoly, it
+abrogateth: orders for necessary contribution to public charges it
+establisheth; the rest it leaves as it found them, neither in worse
+state, nor better. It is weakness to say, that a greater multitude
+cannot be governed; for so neither Kings in their Dominions and
+subjects, nor cities in their amplitude should increase. If for matter
+of merchandize there were no such government at all, nor more than there
+is for our merchants in France, or hath been at Stade, for divers years
+past, or than there is in the Low Countries, where are the best
+merchants in the world; yet provident men would consult and join
+together in that which were for their common benefit, ease, and safety.
+Such Companies there are in other countries, but no such monopolies as
+ours are.
+
+_Joint Stock Necessary._--This Act is against trading in a joint stock
+together, which in long and dangerous voyages (as to Musco, and
+especially the East Indies) is necessary; for in that voyage one alone
+will not adventure; besides the merchants must keep some port there
+amongst the infidels.
+
+_Answer._--It is true that it is fit to trade to the East Indies with a
+joint stock, and so do the Hollanders; this Act therefore doth not
+forbid men to trade in a joint stock, if they list, and see it fit; only
+forbiddeth to constrain men to trade so against their wills; which
+heretofore in other trades, and at this day in the Muscovie trade, doth
+turn to the great damage both of the Commonwealth and of the particular
+persons so constrained to trade. The Muscovie Company, consisting of
+eight score, or thereabouts, have fifteen directors, who manage the
+whole trade; these limit to every man the proportion of stock which he
+shall trade for, make one purse and stock of all, and consign it into
+the hands of one agent at Musco, and so again, at their return, to one
+agent at London, who sell all, and give such account as they please.
+This is a strong and a shameful monopoly--a monopoly in a monopoly--both
+abroad and at home. A whole Company, by this means, is become as one
+man, who alone hath the uttering of all the commodities of so great a
+country. The inconveniences, which have ensued thereof, are three
+apparent.
+
+First, by this means they vent less of our commodities; for, by reason
+of the one agent, they vent all through his hands; by which means the
+Hollanders have come in between us; who, trading thither in several with
+our own English commodities (which are most proper for that country)
+utter much more than our own merchants, and make quicker return; which
+has occasioned many Englishmen to join in trade with the Hollanders, to
+the detriment of the King's Majesty in his customs. And by this means
+that trade is like utterly to decay; for the Hollanders have grown in
+short time from two ships to above twenty; this spring they are gone to
+Muscovie with near thirty ships, and our men but with seven. The like
+fell out in the Turkie Company, when they constrained men to a joint
+stock; since the breaking of which combination, there go four ships for
+one.
+
+Secondly, in their return with Muscovie commodities, they greatly
+prejudice the Commonwealth and State. Example in cordage, which they
+bring home in such scarcity, and sell so dearly, as that they have
+raised it in short time from twenty to thirty shillings; yea, to sell
+their ware dear, they have contracted with the buyer not to bring any
+more of that commodity within three years after.
+
+Thirdly, this is hurtful to all the young merchants of their own
+Company, who cannot forbear their stock so long as now they do, and
+desire to employ their own industry in managing it, and having
+oftentimes been all damnified by the breaking of that general factor.
+
+_Public Charges._--In divers places, as namely, in Turkey and Muscovy,
+the merchants are at charge of sending presents, maintaining
+ambassadors, consuls, and agents, which are otherwise also necessary for
+the service of his Majesty, and of the State; these charges are now
+defrayed by these Companies.
+
+_Answer._--This matter is expressly provided for by this Act, that all
+that trade to those places shall be contributory to those charges.
+
+_The New Merchants will give over._--The like attempt for free trade was
+in Anno 1588, at what time liberty being given to all men to buy cloths
+at Westminster, the Merchant Adventurers gave over to trade at all;
+whereby the cloth of the land lying on the clothier's hands, they were
+forced, by petition, to get the former restraint restored.
+
+_Answer._--This is true, and the same mischief were likely to ensue
+again; for it is said, that the same policy is now in speech in their
+Company. But the times being well altered from war to peace, this
+mischief would be but short, and other merchants soon grow to take their
+places, if they should, as (being rich) they may, forsake them. But it
+were to be trusted that this stomachness, being to their own loss, would
+not long continue. Howsoever, it doth not stand with the dignity of
+parliament either to fear or favour the frowardness of any subject.
+
+_The Rich will eat out the Poor._--If poor merchants should trade
+together with the rich, the rich beyond the seas would buy out the poor,
+being not able to sell at the instant, to make themselves savers; and so
+there would grow a monopoly _ex facto_.
+
+_Answer._--This reason sheweth thus much, that a crafty head, with a
+greedy heart, and a rich purse, is able to take advantage of the need of
+his neighbour (which no man doubteth of); but if the difficulties and
+dishonesties should deter men from action, and not rather increase their
+diligence and wariness, then should there be no trading at all in any
+sort.
+
+_Strangers will eat out the English._--If all men may be merchants, the
+sons of strangers denized will, in time, eat out the natural merchants
+of this kingdom.
+
+_Answer._--If the sons of strangers become natural English, why should
+they not [have] a subject's part? And more they cannot reap. If any
+further mischief should grow, it might at all times by a new Act be
+easily remedied.
+
+_All Men may go out of the Realm._--If trade be free for all men, then
+all may become merchants, and under that pretext any may go out of the
+realm; which will be good news for the papists.
+
+_Answer._--This conceit is weak; for so it may be said that all men may
+become mariners, and so quit the kingdom; and it is provided by express
+words of the bill that they may not go out of the realm but for their
+present traffic.
+
+_Against London._--This Act is against London, and the wealth thereof,
+which is necessary to be upheld, being the head city of the kingdom.
+
+_Answer._--Nay, it is for London, unless we will confine London into
+some two hundred men's purses; the rest of the City of London, together
+with the whole realm, sue mainly for this bill; and they cry, they are
+undone, if it should be crossed.
+
+_Hurt to the King's Customs._--It will be prejudicial to the King's
+customs, who in other parts will easier be deceived than here in London.
+
+_Answer._--Nothing can be more clear than that if transport and return
+of merchandize will increase by this Act, also the King's customs, which
+depend thereon, must withal increase: And if this Bill may pass, if the
+King be pleased to let his custom to farm, to give 5,000l. a year more
+than, _communibus annis_, hath been made these last years. The deceiving
+of the King is now, when, for want of this freedom, men are enforced to
+purchase the vent of their commodities out of creeks, because they
+cannot be admitted to public trade; whereas otherwise they should have
+no reason to hazard their whole estate, for the saving of so reasonable
+a duty. As for faults in officers, they may as well happen in London, as
+in any other place.
+
+_Decay of Great Ships._--During freedom of trade, small ships would be
+employed to vent our commodities, and so our great ships, being the
+guard of the land, would decay.
+
+It is war, more than traffic that maintaineth great ships; and
+therefore, if any decay grow, it will be chiefly by peace, which the
+wisdom of the State will have a regard of; but for as much depends of
+traffic, no doubt the number of smaller ships will grow by this freedom,
+and especially mariners, whereof the want is greatest, and of whom the
+smallest vessels are the proper nurseries. But that the great ships will
+decay, doth not necessarily follow; for the main trade of all the white
+cloth, and much of other kind, is shipped from the Port of London, and
+will be still, it being the fittest Port of the kingdom for Germanie and
+the Low Countries, where the Merchant Adventurers' trade only lieth; who
+shall have little cause to alter their shipping. Then the Levent Sea,
+Muscovy, and East Indies, whither we trade with great ships, the
+employing of them will be still requisite in the merchants' discretion;
+for otherwise both the commodity of the returned will be less, and the
+adventure too great in so rich lading not to provide for more than
+ordinary assurance against the common hazard at sea.
+
+Other particular reasons there are, for restraint of trade in favour of
+certain Company.
+
+_Merchant Adventurers._--The Company of Merchant Adventurers is very
+ancient, and they have heretofore been great credit to the Kings, for
+borrowing money in the Low Countries and Germany.
+
+_Answer._--The Company indeed is as ancient as Thomas of Beckett, their
+founder, and may still continue. Their restraining of others, which this
+Bill doth seek to redress, is not so ancient, and was so disallowed by
+parliament in the twelfth year of Henry the seventh; which Act stands
+impeached by particular charter, but never by consent of the realm
+repealed. But in truth this Company, being the spring of all monopolies,
+and engrossing the grand staple commodities of cloth into so few men's
+hands, deserves least favour. The credit of the King hath been in the
+cloth (not in their persons) which will be as much hereafter, as
+heretofore.
+
+_Muscovy Company._--The Muscovy Company, by reason of the chargeable
+invention of that trade two and fifty years since, and their often great
+loss, was established by Act of Parliament in the eighth year of Queen
+Elizabeth.
+
+_Answer._--The chargeable invention hath been a reason worthy of respect
+thirty or forty years ago, when the inventors were living, and their
+charge not recompensed by counter-vailable gain; which since it hath
+been their loss, hath been their own fault, in employing one factor, who
+hath abused them all. Private Acts for favour, when the cause thereof is
+ceased, are often revoked. Howbeit this Bill dissolveth no Company, only
+enlargeth them, and abrogateth their unjust orders for monopolies.
+
+_An Argument Unanswerable._--Another argument there is, not to be
+answered by reason, but by their integrity and love of their country,
+who shall be assaulted with it. In sum, the Bill is a good Bill, though
+not in all points, perhaps, so perfect as it might be; which defects may
+be soon remedied and supplied in future parliament.
+
+ * * * * *
+
+Sir Edward Sandys proceeded in the report, and delivered in the two
+Bills for free trade; the first (being the principal Bill) with
+amendments; which were twice read; and the Bill, upon question, ordered
+to be ingrossed.
+
+
+16. THE ESTABLISHMENT OF A COMPANY TO EXPORT DYED AND DRESSED CLOTH, IN
+PLACE OF THE MERCHANT ADVENTURERS[312] [_Pat. Rolls, 13 James I, p. 2_],
+1616-17.
+
+James by the Grace of God, etc.:
+
+We have often and in divers manners expressed ourselves ... what an
+earnest desire and constant resolution we have that, as the reducing of
+wools into clothing was the act of our noble Progenitor King Edward the
+Third, so the reducing of the trade of white cloths, which is but an
+imperfect thing towards the wealth and good of this our Kingdom, unto
+the trade of cloths dyed and dressed, might be the work of our time,
+
+To which purpose we did first invite the ancient Company of Merchant
+Adventurers to undertake the same, who upon allegation or pretence of
+impossibility refused.
+
+Whereupon nevertheless not discouraged but determined to maintain our
+princely resolution against impediments and difficulties in a work so
+excellent, We did find means to draw and procure divers persons of good
+quality within our City of London and elsewhere with great alacrity and
+commendable zeal to give a beginning to this our purpose,
+
+In respect whereof, for that above all things We were to take a princely
+care that between the cessation of the old trade and the inception and
+settling of the new there should not be any stand of cloth nor failing
+or deadness in the vent thereof, whereby the work which is so good for
+the future might prove dangerous in the entrance thereof, we were
+inforced to grant several licences under our Great Seal unto the said
+persons for a trade of whites to be temporary and in the interim until
+this work by due and seasonable degrees without inconvenience of
+precipitation might be happily accomplished, giving them likewise some
+powers of assembling, keeping of Courts and the like, but yet without
+any actual incorporation of them,
+
+But notwithstanding, having evermore in contemplation our first end, We
+have still provoked and urged on the said persons unto whom the trade is
+now transferred to some certainty of offer and undertaking concerning a
+proportion of cloths dressed and dyed to be annually exported, and the
+same proportion to increase and multiply in such sort as may be a
+fruitful beginning of so good a work and also an assured pledge of the
+continuation thereof in due time.
+
+Whereupon the said persons or new Company have before the Lords of our
+Privy Council absolutely condescended and agreed at a Court holden the
+seventeenth day of June one thousand six hundred and fifteen, that
+thirty-six thousand cloths shall be dressed and dyed out of such cloths
+white as were formerly used to be shipped out by the old Company
+undressed and undyed....
+
+... And did further promise and profess with all cheerfulness to proceed
+as it shall please God to give ability and the trade encouragement to
+the settling of the whole trade of cloths dressed and dyed, which is the
+end desired.
+
+Wherefore We, in our princely judgement foreseeing that as long as the
+said new Company shall remain not incorporated it doth much weaken both
+the endeavour and expectation which belongeth to this work, as if it
+were a thing but only in deliberation and agitation and not fully and
+thoroughly established, have thought it now a fit time to extend our
+princely grace unto them for their incorporation and to indue and invest
+them with such liberties and privileges as the old Company formerly had,
+with such additions and augmentations as the merit of concurrence to so
+good an end may require, with this, nevertheless, that because the
+nature of the present liberties and privileges must of necessity differ
+from those which shall be fit and requisite when the whole trade shall
+be overcome and settled, there be therefore a power in Us to revoke or
+alter the same.
+
+Know ye therefore that We ... by these presents have given, granted and
+confirmed, and for Us our heirs and successors do give, grant and
+confirm, unto our right trusty and right well beloved Cousin and
+Counsellor Thomas, Earl of Suffolk, Lord High Treasurer of England [and
+others named], and to every of them, and to all and every such person
+and persons whatsoever our loving subjects as shall, between this and
+the feast of St. Michael the Archangel next ensuing come in, subscribe,
+and be admitted of their Society, That they and every of them, their and
+every of their sons and apprentices according to the constitutions and
+ordinances hereafter by the Company to be made and presented, shall be
+one Fellowship and Commonalty and one body corporate and politic in
+deed and in name, by the name of Governor, Assistants, and Fellowship of
+the King's Merchants Adventurers of the New Trade of London.
+
+[Power to have common seal, etc.]: [There shall be one Governor, William
+Cokayne, Alderman of our City of London, to be the first and present
+Governor, to continue till June 24 next] and from thence until the said
+William Cokayne or some other of the said Fellowship or Company shall in
+due manner be chosen and sworn to the said office according to the
+ordinances and provisions hereafter in these presents expressed and
+declared, if he the said William Cokayne shall so long live:
+
+[And further] there shall be from henceforth for ever hereafter one or
+more, not exceeding the number of six, of the said Company or Fellowship
+to be elected and chosen, which shall be called the Deputy or Deputies
+of the said Company or Fellowship: ...
+
+And furthermore We for Us, our heirs and successors, do by these
+presents grant and confirm to the said [Fellowship] and their successors
+that it shall and may be lawful to and for them and every of them, and
+their successors for ever, hereafter to trade, traffic, and occupy and
+use the trade and feat of merchandise unto, from and with the Town of
+Callice in the Realm of France and the marches thereof, and into, from
+and with all and every the countries of Holland, Zeland, Brabant,
+Flaunders, West Frizeland and all other the countries nigh thereunto
+adjoining heretofore under the obeisance of the Dukes of Burgundy, or
+into East Frizeland and Hamborough and the Territories of the same, and
+into from and with the countries of Germany and all the Territories,
+Provinces, Cities and Towns thereof with all manner of woollen cloths,
+kersies, wares, commodities and merchandises whatsoever not prohibited,
+without any let contradiction or interruption of Us, our heirs or
+successors, or of any other person or persons whatsoever:
+
+And our will and pleasure is, and We do hereby for Us, our heirs and
+successors, grant and confirm unto the said [Fellowship &c.], that the
+said Governor or Deputy and the said Assistants or the more part of them
+for the time being, being at least thirteen, shall from henceforth for
+ever have, use and exercise full jurisdiction, power and authority
+lawfully to rule and govern the same Company or Fellowship and their
+successors, and all and every merchants and members of the same, in all
+their private causes, suits, quarrels, misdemeanours, offences and
+complaints among them touching the said trade, as well here in England
+as beyond the seas in Callice and the marches thereof, and also in the
+Countries and Towns of Holland [etc. Germany, etc., as above] rising,
+moved and to be moved....
+
+And moreover We ... do by these presents grant unto the said
+[Fellowship, etc.] that the said Governor, Deputy and Assistants, or
+thirteen of them at the least, and their successors for the time being
+from time to time and at all times from henceforth, shall and may enact,
+establish, allow and confirm, and also revoke, disannul and repeal all
+and every act and acts, laws, and ordinances heretofore had or made by
+the said [Fellowship, etc.] or by what name or names or additions
+soever, and also shall and may from henceforth from time to time and at
+all times hereafter for ever enact, make, ordain and establish acts,
+laws, constitutions and ordinances [for the good government of the
+Fellowship] and of every merchant and peculiar member of the same
+Fellowship or body corporate [and also of all our subjects]
+intermeddling exercising or using the feat or trade of the said
+[Fellowship] by any means, as well here in England as in the said
+countries towns and places beyond the seas, so that the said acts laws
+[etc.] be not hurtful to any the rights of our Crown, honour, dignity
+royal or prerogative, or to the diminution of the common weal of this
+our Realm or contrary to any our laws and statutes.... And that the said
+[Fellowship, or thirteen as aforesaid] shall and may take order with
+every the subject or subjects of Us our heirs and successors, not being
+of the said Company and trading or haunting the said countries or places
+beyond the seas or any of them for merchandise, and compel every of them
+by fines, forfeitures, penalties, imprisonments or otherwise to obey,
+hold and perform all such orders, acts and ordinances that hereafter
+shall be ordained, made, allowed or confirmed by the said [Fellowship or
+majority as above] for the good government, rule, order and condition of
+the said subject or subjects, so as the state of the said Company be not
+by them impeached or hindered but by all means and ways maintained and
+continued. And that all such forfeitures fines [etc.] so as aforesaid to
+be levied and taken shall be for evermore to the use and behoof of the
+said [Fellowship, etc.]
+
+... And also We will, and for Us, our heirs and successors, by these
+presents do grant to the said [Fellowship] that the said [Fellowship or
+a majority, thirteen at least, as above] shall have full and whole power
+and authority to impose and lay, and also to take and levy, all
+reasonable impositions and sums of money whatsoever as well upon all
+persons trading into the said countries as also upon the merchandise to
+be transported and carried into the countries, towns, provinces and
+territories before rehearsed or any of them either by water or land....
+
+And, for the better encouragement of the said Company or Fellowship ...
+We do hereby for Us our heirs and successors straitly charge and command
+all and singular the customers, comptrollers, searchers, surveyors,
+waiters and all others the officers and ministers of Us our heirs and
+successors for the time being in all every or any of our ports, havens,
+creeks and the members of the same within our Realms and Dominions ...
+that they and every of them ... shall not at any time or times hereafter
+wilfully permit or suffer any of the subjects of Us our heirs or
+successors or any aliens denizens or strangers to freight, lade or ship
+out in any ship, crayer, lighter or other vessel whatsoever any goods
+wares or merchandises whatsoever (being native commodities of this
+Realm) for any of the said territories, countries and towns
+before-mentioned wherein the said [Fellowship etc.] according to the
+intent of these presents are to trade and traffic, but such goods, wares
+and merchandises only whose entries shall be subscribed and allowed by
+the Governor or Deputy of the said Company for the time being by bill or
+writing subscribed with his or their hand or hands, or such other person
+or persons as by the said Governor or Company shall be thereunto named
+and appointed, and in such ship or ships or other vessel or vessels only
+as shall be named in such bills or writings....
+
+And for the better encouragement of the said [Fellowship] to proceed in
+exportation of cloths dressed and dyed here in this our Realm, which
+will tend so much to the common weal of the same, and which by the said
+Company or Fellowship cannot as yet in such full manner be perfected as
+that they can have sufficient vent for the said dressed and dyed cloths
+in foreign parts without a temporary liberty to export cloths white,
+until by continuance of time they shall be further enabled and
+encouraged, We do by these presents ... give and grant unto the said
+[Fellowship etc.] full and free liberty, licence, power, privilege,
+authority and immunity that they or any of them, by themselves or by
+their or any of their servants, factors or agents, at their or any of
+their liberties and pleasures yearly and every year shall and may
+provide and buy, or cause to be provided and bought, within this our
+Realm of England and other our Dominions for their or any of their
+proper use or uses the number of thirty thousand woollen cloths unrowed
+unbarbed and unshorn and not fully and ready dressed and wrought, of
+which said number of thirty thousand cloths yearly five and twenty
+thousand shall be every cloth above the value or price of six pounds of
+lawful money of England, and the number of five thousand cloths residue
+of the said yearly number of thirty thousand cloths uncoloured or white
+above the value or price of four pounds of lawful money of England, or
+of any higher or greater prices whatsoever, ... and the same from this
+our Realm of England into the towns of Callice and the marches thereof
+in the Realm of France and into the countries and towns of Holland
+[etc., as above] to transport, send, convey, ship and carry over or
+cause to be transported, sent, shipped, conveyed and carried over there
+to be by them unladen, discharged, vented, sold ... or otherwise
+disposed ... and from thence to freight, lade, ship, return, import and
+bring back into this our said Kingdom or into any part thereof all such
+wares, commodities, goods and merchandises already not prohibited as to
+them or any of them their servants, factors or agents shall seem good,
+paying to Us our heirs and successors our duties and customs due and to
+be paid for the same, and further paying unto our trusty and
+well-beloved Cousin the Earl of Cumberland, his executors or assigns,
+for every white unwrought or undressed woollen cloth so to be by them or
+any of them shipped or transported out of this Realm under the warrant
+of his present licence over and above the said thirty thousand cloths
+two shillings and eight pence....
+
+And our will and pleasure is, and We do hereby declare our Royal intent
+and meaning to be, and the said [Fellowship, etc.] do covenant, promise
+and agree to and with Us our heirs and successors by these presents,
+that they and their successors shall from time to time and at all times
+do their utmost endeavours that after the end and expiration of the
+said three years ensuing, during which the proportion of thirty-six
+thousand cloths are undertaken to be exported as is before in these
+presents expressed, that their trade of exporting and merchandising into
+the foresaid countries, provinces, towns and places aforesaid of woollen
+cloths may be wholly reduced unto the venting of such cloths only as
+shall be dyed and dressed here within this our Realm and other our
+Dominions, so far forth as it shall please God to give them and their
+successors ability and the trade encouragement, anything in these
+presents contained to the contrary notwithstanding: ...
+
+... Provided also that these our Letters Patents or any matter or thing
+therein contained shall not extend to give authority or power to the
+said [Fellowship of the King's Merchants, etc.] or to any member or
+person of the said Company to transport or carry out of the realm any
+cloths, kersies, wares, commodities or merchandises whatsoever, which by
+the laws and statutes of this Realm are restrained or prohibited to be
+transported or carried over the seas, otherwise than according to the
+true intent and meaning of these presents, unless they shall obtain and
+procure licence for the same.
+
+[Footnote 312: Printed in the publications of the Selden Society, Vol.
+28, pp. 78-98.]
+
+
+17. SIR JULIUS CAESAR'S PROPOSALS FOR REVIVING THE TRADE IN CLOTHS
+[_Lansdowne MSS._,[313] _clii. 56, f. 271_], 1616.
+
+Means to avoid the present stand of cloth--
+
+(1) Commissioners honest and substantial and sufficient for skill to be
+presently appointed for the view of the cloth weekly to Blackwell Hall,
+and the faulty cloth to be returned upon the clothier with imprisonment
+till he put in security to answer it in the law; and the good to be
+justly valued, according to the usual prices for these two years past,
+and the new Merchant Adventurers enforced to buy the same.
+
+(2) So many of the new Merchant Adventurers as shall refuse to lay out
+for cloth such sums as they have subscribed for to be presently
+committed, to abide the censure of the Star Chamber for abusing of his
+Majesty and the State in so desperate and dangerous a case as this is.
+
+(3) The fines of them to be employed in the buying of cloth for the
+riddance of the market.
+
+(4) So many in London as are thought worth 10,000l. to be moved by my
+Lord Mayor to buy up clothes for 1,000l. at the least; especially all
+woollen drapers of half that worth, viz., 5,000l.
+
+(5) Express commandment and present example of King's Counsellors and
+Courtiers and all their servants to wear nothing but broad cloth in
+their gowns, cloaks, girths, robes or breeches till Easter next, to the
+end that woollen drapers may be encouraged to buy the cloth made or to
+be made before that day; or else on pain of imprisonment not to come
+into Court....
+
+(10) And if it be doubtful whether these proceedings agree with law, the
+answer is that they do, for the law giveth place to parlous cases of
+State and leaveth them to be provided for by the wisdom of the King and
+his Counsellors; and _Salus reipublicæ suprema lex est_, which is a
+sufficient answer to all cavillers and peevish lawyers.
+
+[Footnote 313: Quoted, Unwin, _Industrial Organization in the Sixteenth
+and Seventeenth Centuries_, pp. 192-3.]
+
+
+18. THE GRANT OF A MONOPOLY FOR THE MANUFACTURE OF SOAP [_W.H. Price,
+The English Patents of Monopoly, Appendix W._], 1623.
+
+James, by the grace of God, etc., to all to whom these presents shall
+come, greeting.
+
+Whereas We, by our letters patents ... did give and grant unto our
+well-beloved subjects Roger Jones and Andrew Palmer, their executors,
+administrators, and assigns, full and free liberty, license, power,
+privilege, and authority that they, ... and none other, by themselves,
+their deputies, servants, factors, or workmen, should or might at all
+and every time and times thereafter, and from time to time, during the
+term of twenty and one years next ensuing the date of the said letters
+patents, ... use, exercise, practice, and put in use ... the mistery,
+art, way, means, and trade of "making of hard soap with the material
+called barilla, and without the use of any fire in the boiling and
+making thereof, and also of the making of soft soap without the use of
+fire in the boiling thereof," with such privileges and clauses as in
+said letters patents are contained and may more at large appear: And
+whereas since the granting of the said letters patents the said Roger
+Jones and Andrew Palmer, and such others, their assistants, as by great
+expense and travail have aided and assisted them in perfecting the said
+invention, have found out and added to their former invention many
+particulars conducing much to the profitableness and perfection of the
+work, both in the use of native and home commodities of this kingdom in
+the working and composition of the said soaps, and thereby in sparing
+and saving many thousands yearly which are now expended on foreign
+commodities bought and brought from beyond the seas, and employed here
+in the making of soap, in the manner now ordinarily used; ... Forasmuch
+as such profitable inventions are not at once and at the first brought
+to their full perfection, We hold it fit in justice and honour to give
+all encouragement to such our loving subjects as shall employ their
+travails, industries, and purses to the furthering of the common good,
+and to reward them to the full with the fruits of their own labours; and
+forasmuch also as the said Roger Jones and Andrew Palmer have now
+approved their inventions and skill to be such as deserveth
+encouragement, their soap, made (_blank_) the material of our kingdom
+only, being found to be as sweet and good as the best soft soap now
+already made, and to extend further in the use thereof, as they in the
+behalf of themselves and their assistants have also made offer unto us
+to respect our own particular profit, in such measure as that the loss
+we may receive in our customs and other duties by the not importing of
+foreign commodities for the making of soap as in former times, shall by
+their industries be recommended unto us, our heirs, and successors, in
+certainty with good advantage; and our loving subjects, who have long
+complained of the bad and stinking soap now ordinarily in use, shall
+have good, sweet, and serviceable soap for their money, and yet shall
+not have the price thereof raised upon them above the usual rate of the
+best sweet soap now made and sold by the soap-boilers.
+
+Know ye, that We, for the considerations aforesaid, of our especial
+grace, certain knowledge, and mere motion, have given and granted, and
+by these presents, for us, our heirs and successors, do give and grant
+unto the said Roger Jones and Andrew Palmer on the behalf of themselves
+and their assistants, full and free liberty, license, power, privilege
+and authority that they, the said Roger Jones and Andrew Palmer, their
+executors, administrators, and assigns, by themselves or their deputies,
+servants, factors, or workmen, and none other, shall and may at all and
+every time and times hereafter, and from time to time during the term of
+twenty and one years next ensuing the date of these presents, at their
+own proper costs and charges, use, exercise, practice, and put in use,
+within our said realms of England and Ireland and dominion of Wales, and
+our town of Berwick, at their liberty and pleasure, the mistery, art,
+way and means of making of hard soap and soft soap, as well with the
+materials and in such manner as in the said former letters patents are
+expressed, as also of burning and preparing of bean-straw, pea-straw,
+kelp, fern, and other vegetables to be found in our own dominions, into
+ordinary ashes or into potashes, and with the said materials of the
+ashes of bean or pea straw, and kelp, fern, and all other vegetables
+whatsoever not formerly and ordinarily used or practised within these
+our realms and dominions to make soap hard or soft, at their will and
+pleasure, and in such way or form as they have invented or devised; and
+also of the using of the assay glass for trying of their lye and making
+of hard and soft soap by their said new inventions, in the way of making
+of the said soaps by sundry motions, and not boiling of the same with
+the expense of much fuel, in such sort as was formerly accustomed by
+such as now usually make soap in and about our city of London and
+elsewhere in our said dominions; ... and to the end that this our
+pleasure may be the better effected, and the said Roger Jones and Andrew
+Palmer may the more fully enjoy the benefit of this our grant, We will,
+and for us, our heirs and successors, do straightly charge, inhibit, and
+command, and do also of our especial grace, certain knowledge, and mere
+motion, for us, our heirs and successors, grant to the said Roger Jones
+and Andrew Palmer, their executors, administrators, and assigns, that no
+person or persons whatsoever born within any our realms or dominions,
+nor any other person or persons whatsoever, either denizens or strangers
+born in any foreign realm or country whatsoever, of what estate, degree,
+or condition soever he or they be or shall be, other than the said Roger
+Jones and Andrew Palmer, their executors, administrators, and assigns or
+such as shall by them or some of them be set on work or authorised,
+shall or may, at any time or times during the said term of one and
+twenty years hereby granted or mentioned, or intended to be granted,
+practice, use, exercise, or put in use the said mistery, art, way,
+means, or trade of making the said hard or soft soaps with any the
+materials aforesaid, ... And to the end it may the better appear when
+any such soap shall be made contrary to the true intent and meaning of
+these presents, for us, our heirs, and successors, give and grant full
+liberty, power, and authority unto the said Roger Jones and Andrew
+Palmer, their executors, administrators, and assigns, that a stamp or
+stamps, seal or seals, to be engraven with a rose and crown, shall be
+stamped, sealed, or marked on all the soaps by them or any of them to be
+made in manner and form before declared, the better to distinguish their
+said soap from all counterfeit soap, either hard or soft, made or to be
+made by any person or persons contrary to the true intent and meaning of
+these presents or of the letters patents before recited, which seal or
+stamp so to be made as aforesaid We do by these presents will and
+command be set upon the hard soap, and upon the firkins, barrels, and
+other vessels containing the said soft soap so to be made, and shall not
+be set upon soaps hard or soft made by any other person or persons
+whatsoever contrary to the true intent of these presents, but shall be
+set and fixed only upon such soap as shall be from time to time made by
+the said Roger Jones and Andrew Palmer, their executors, administrators,
+or assigns, according as is herein before setdown, and no other; and
+further, We do by these presents grant that it shall and may be lawful
+to and for the said Roger Jones and Andrew Palmer, their executors,
+administrators, or assigns, or any of them, by himself or themselves, or
+by his, their, or any of their deputies, factors, or servants, at any
+time or times convenient, and from time to time during the said term of
+one and twenty years, with assistance of a constable or some other
+officer, to enter into all and every place and places, house and houses,
+where they or any of them shall have any just cause to suspect any such
+hard soap or soft soap, or soap-ashes, or potashes, to be made or
+endeavoured to be made or stamped or sealed, or to be sold or uttered or
+set to sale, contrary to the true intent and meaning of these presents
+or of the letters patents before recited, or any vessels, engines, or
+instruments to be erected, framed, or used contrary to the true meaning
+hereof, ... and finding any such, to seize the hard soaps and soft
+soaps, and potashes, and other ashes hereby granted so made to the use
+of us, our heirs, and successors: ... And forasmuch as the public having
+an interest herein, which by the enhancing of the prices of the
+commodities aforesaid may be prejudiced and damnified, our will and
+pleasure is, and we do hereby straightly charge and command, that they
+the said Roger Jones and Andrew Palmer, their executors, administrators,
+and assigns, or any other person or persons by them to be authorised for
+the making of the said hard soap or soft soap, shall not, at any time
+during the said term of one and twenty years, sell, or cause to be sold,
+the said hard soap or soft soap, by them or any of them to be made as
+aforesaid, at any higher or dearer rates and prices than hard soap and
+soft soap of the best sorts and kinds were most usually sold for, within
+the space of seven years now last past before the date of these
+presents. And further, We do hereby charge and command all and singular
+justices of peace, mayors, sheriffs, constables, headboroughs,
+comptrollers, customers, searchers, waiters, and all other officers and
+ministers to whom it shall or may appertain, to be aiding and assisting
+in all lawful and convenient manner unto the said Roger Jones and Andrew
+Palmer, their executors, administrators, deputies, and assigns, in the
+due execution of these our letters patents, as they tender our pleasure
+and will avoid our indignation and displeasure in the contrary....
+
+
+19. THE STATUTE OF MONOPOLIES [_21 James I, c. 3, Statutes of the Realm,
+Vol. IV, Part. II, pp. 1212-14_], 1623-4.
+
+Forasmuch as your most excellent Majesty, ..., did, in the year of our
+Lord God one thousand six hundred and ten, publish in print to the whole
+realm and to all posterity, that all grants of monopolies and of the
+benefit of any penal laws, or of power to dispense with the law, or to
+compound for the forfeiture, are contrary to your Majesty's laws ...;
+and whereas your Majesty was further graciously pleased expressly to
+command that no suitor should presume to move your Majesty for matters
+of that nature: yet nevertheless upon misinformations and untrue
+pretences of public good, many such grants have been unduly obtained
+and unlawfully put in execution, ...; for avoiding whereof and
+preventing of all the like in time to come, may it please your Majesty,
+at the humble suit of the Lords Spiritual and Temporal and the Commons
+in this present Parliament, that all monopolies and all commissions,
+grants, licenses, charters, and letters patents heretofore made or
+granted to any person or persons, bodies politic or corporate
+whatsoever, of or for the sole buying, selling, making, working, or
+using of anything within this realm or the dominion of Wales ... are
+altogether contrary to the laws of this realm, and so are and shall be
+utterly void and of none effect, and in no wise to be put in use or
+execution.
+
+II. And be it further declared and enacted by the authority aforesaid
+that all monopolies and all such commissions, grants, licenses,
+charters, letters patents, proclamations, inhibitions, restraints,
+warrants of assistance, and all other matters and things tending as
+aforesaid and the force and validity of them and every of them ought to
+be, and shall be forever hereafter examined, heard, tried, and
+determined by and according to the common law of this realm and not
+otherwise.
+
+III. And be it further enacted by the authority aforesaid that all
+person and persons, bodies politic and corporate whatsoever, which now
+are or hereafter shall be, shall stand and be disabled and incapable to
+have, use, exercise, or put in use any monopoly or any such commission,
+grant, license, charters, letters patents, proclamations, inhibition,
+restraint, warrant of assistance, or other matter or thing tending as
+aforesaid, or any liberty, power, or faculty grounded or pretended to be
+grounded upon them or any of them.
+
+IV. [Persons aggrieved by monopolists to recover at Common Law treble
+the damages incurred.]
+
+V. Provided nevertheless, and be it declared and enacted that any
+declaration before mentioned shall not extend to any letters patents,
+and grants of privilege, for the term of one and twenty years or under,
+heretofore made of the sole working or making of any manner of new
+manufacture within this realm, to the first and true inventor or
+inventors of such manufactures which others at the time of making of
+such letters patent and grants did not use, so they be not contrary to
+the law nor mischievous to the state, by raising of the prices of
+commodities at home, or hurt of trade, or generally inconvenient, but
+that the same shall be of such force as they were or should be if this
+act had not been made, and of none other: and if the same were made for
+more than one and twenty years, that then the same for the term of one
+and twenty years only, to be accounted from the date of the first
+letters patents and grants thereof made, shall be of such force as they
+were or should have been if the same had been made but for the term of
+one and twenty years only, and as if this act had never been had or
+made, and of none other.
+
+VI. Provided also, and be it declared and enacted, that any declaration
+before mentioned shall not extend to any letters patents and grants of
+privileges for the term of fourteen years or under, hereafter to be made
+of the sole working or making of any manner of new manufactures within
+this realm, to the true and first inventor and inventors of such
+manufactures which others at the time of making such letters patents and
+grants shall not use, so as also they be not contrary to the law nor
+mischievous to the state, by raising prices of commodities at home, or
+hurt of trade, or generally inconvenient, the said fourteen years to be
+accounted from the date of the first letters patents or grants of such
+privilege hereafter to be made, but that the same shall be of such force
+as they should be if this act had never been made and of none other.
+
+VII. [This Act not to be prejudicial to grants conferred by Act of
+Parliament.]
+
+VIII. [This Act not to extend to warrants directed to judges to compound
+for forfeitures under penal statutes.]
+
+IX. Provided also, and it is hereby further intended, declared, and
+enacted that this act or anything therein contained shall not in any
+wise extend or be prejudicial unto the city of London, or to any city,
+borough, or town corporate within this realm, for or concerning any
+grants, charters, or letters patents to them or any of them made or
+granted, or for or concerning any custom or customs used by or within
+them or any of them or unto any corporations, companies, or fellowships
+of any art, trade, occupation, or mistery, or to any companies or
+societies of merchants within this realm, erected for the maintenance,
+enlargement, or ordering of any trade of merchandise, but that the same
+charters, customs, corporations, companies, fellowships and societies,
+and their liberties, privileges, powers and immunities shall be and
+continue of such force and effect as they were before the making of
+this act, and of none other: anything before in this act contained to
+the contrary in any wise notwithstanding.
+
+X. [This Act not to extend to grants relating to printing, the
+manufacture of saltpetre or gunpowder, the casting of ordnance or shot,
+or to offices other than those created by royal proclamation.]
+
+XI. [This Act not to extend to grants relating to alum or alum-mines.]
+
+XII. [This Act not to extend to the fellowship of the Host-men of
+Newcastle-upon-Tyne, or to grants or commissions relating to the
+licensing of taverns.]
+
+XIII. [This Act not to extend to any grant or privilege concerning the
+manufacture of glass given to Sir Robert Mansell, or to a grant for the
+transportation of calf-skins made to James Maxwell.]
+
+XIV. [This Act not to extend to a grant concerning the making of smalt
+made to Abraham Baker, nor to a grant concerning the melting and casting
+of iron ore made to Edward, Lord Dudley.]
+
+
+20. AN ACT FOR THE FREE TRADE OF WELSH CLOTHES,[314] [_2 James I, c. 9,
+Statutes of the Realm, Vol. IV, Part II, pp. 1218-19_], 1623-4.
+
+Whereas the trade of making of Welsh clothes, friezes, linings and
+plains within the principality and dominion of Wales, is and hath been
+of long continuance, in the using and exercising whereof many thousands
+of the poorer sort of the inhabitants there in precedent ages have been
+set on work in spinning, carding, weaving, fulling, cottoning and
+shearing, whereby they (having free liberty to sell them to whom and
+where they would) not only relieved and maintained themselves and their
+families in good sort, but also grew to such wealth and means of living
+as they were thereby enabled to pay and discharge all duties, mizes,
+charges, subsidies and taxations which were upon them imposed or rated
+in their several counties, parishes and places wherein they dwelled, for
+the relief of the poor, and the service of the King and the
+commonwealth; and whereas also the drapers of the town of Shrewsbury, in
+the county of Salop, have of late obtained some orders of restraint,
+whereby the inhabitants of Wales find themselves much prejudiced in the
+freedom of their markets for buying and selling of their clothes, to
+their great damage, as was verified by the general voice of the knights
+and burgesses of the twelve shires of Wales and of the county of
+Monmouth: for remedy whereof, be it declared and enacted by the King's
+most excellent Majesty, the Lords Spiritual and Temporal, and Commons in
+this present parliament assembled, and by the authority of the same,
+that it shall and may be lawful to and for all and every his Majesty's
+subjects inhabiting or dwelling, or which at any time shall inhabit or
+dwell within the said dominion of Wales, or any part thereof, freely to
+sell by way of barter or otherwise, all or any their Welsh clothes,
+cottons, friezes, linings or plains, at their wills and pleasures, to
+any person or persons who lawfully by the laws and statutes of this
+realm may buy the same; and that it shall and may also be lawful for any
+person and persons who by the laws or statutes of this realm may
+lawfully buy such clothes, and other the premises, freely to buy the
+same of any person or persons inhabiting or dwelling, or which hereafter
+shall inhabit or dwell, within the said dominion of Wales: any charter,
+grant, act, order or any thing else heretofore made or done, or
+hereafter to be made or done, to the contrary notwithstanding.
+
+And be it further enacted by the authority aforesaid, that it shall and
+may be lawful to and for any person or persons using or which shall use
+the trade of merchandize, to transport into any the parts beyond the
+seas any of the said Welsh clothes, cottons, friezes, linings and
+plains, out of any ports or havens within this realm of England or
+dominion of Wales, or out of any the members thereof, where his majesty,
+his heirs or successors, have or shall then have officers attending to
+search, view and control the same, and to receive the King's Majesty's
+customs and other duties due and payable for the same; so as always the
+customs and other duties payable for such clothes and other premises so
+to be transported, shall be justly and duly paid for the same; and so as
+always the said Welsh clothes, cottons, friezes, linings and plains,
+before the transporting thereof, shall be fulled, cottoned and sheared
+as in former times they have used to be; and that no person shall
+transport the said clothes in other manner than as aforesaid, upon pain
+to forfeit the whole value of such clothes so to be transported contrary
+to the true meaning of this act....
+
+Provided always, that this act or anything therein contained, shall not
+give power or authority to any foreigner or foreigners to buy and sell
+by way of retail any the said Welsh clothes, cottons, friezes, linings
+or plains within the town of Shrewsbury, or in any other corporate town
+or privileged place, contrary to any lawful charter, grant, custom,
+privilege or liberty in the same town or place now being or used.
+
+[Footnote 314: This Act should be read in connection with the Statute of
+Monopolies (No. 19) and with the Instructions touching the Bill for Free
+Trade (No. 15), as representing the ideas of parliament as to the
+desirability of Free Trade within the country.]
+
+
+21. THE ECONOMIC POLICY OF STRAFFORD IN IRELAND [_Knowler, Letters and
+Despatches of Thomas Wentworth, Earl of Strafford, Vol. II, pp. 19, 20,
+Letters of Strafford to the Master of the Rolls, July 25, 1636_], 1636.
+
+The last of my generals was that of trade, which I discoursed in this
+manner; I let them see how the merchants trading thither had been
+spoiled by the pirates before my coming, as well in his Majesty's
+harbours, as at sea, a ship fired in the port of Dublin, in sight of His
+Majesty's Castle, and there continued burning, and the pirate lading and
+returning from the ship two days together to the mighty scandal of the
+State; that the shipping for want of money came so late in the year,
+that all the mischief was done before they came, which commonly was not
+before the latter end of July, but that now the monies duly answered
+unto the Exchequer here, the ships had been for these two last years
+upon the coast by the beginning of March, five or six of the
+_Biscayners_ taken within the Channel, imprisoned, and after released
+upon their promise not to exercise any hostility hereafter within the
+Channel; a great ship of the Duke of _Macqueda_ taken on the west coast,
+and thereby so discouraged them, that the merchant hath not lost
+anything since my arrival there, nor were so much as heard of a
+_Biscayner_ these last two summers. This hath been a means that Trade
+hath increased exceedingly, and so will still (if we have peace), to the
+honour of his Majesty, and the enriching of his people.
+
+That the trade here was not only much greater, but rightly conditioned,
+the native commodities exported being in value at least a third, if not
+double, the value to the foreign commodities imported; a certain sign
+that the Commonwealth gathers upon their neighbours.
+
+That there was little or no manufacture amongst them, but some small
+beginnings towards a clothing trade, which I had and so should still
+discourage all I could, unless otherwise directed by his Majesty and
+their lordships, in regard it would trench not only upon the clothings
+of England, being our staple commodity, so as if they should manufacture
+their own wools, which grew to very great quantities, we should not only
+lose the profit we made now by indraping their wools, but his Majesty
+lose extremely by his customs, and, in conclusion, it might be feared
+they would beat us out of the trade itself, by underselling us, which
+they were well able to do. Besides in reasons of State so long as they
+did not indrape their own wools, they must of necessity fetch their
+clothing from us, and consequently in a sort depend upon us for their
+livelihood, and thereby become so dependent upon this Crown as they
+could not depart from us without nakedness to themselves and children.
+Yet have I endeavoured another way to set them on work, and that is by
+bringing in the making and trade of linen cloth, the rather in regard
+the women are all naturally bred to spinning, that the Irish earth is
+apt for bearing of flax, and that this manufacture would be in the
+conclusion rather a benefit than other to this Kingdom. I have therefore
+sent for the flax seed into Holland, being of a better sort than we have
+any, sown this year a thousand pounds worth of it (finding by some I sew
+the last year, that it takes there very well), I have sent for workmen
+out of the Low Countries and forth of France, and set up already six or
+seven looms, which, if please God to bless us this year, I trust so to
+invite them to follow it, when they see the great profit arising
+thereby, as that they shall generally take to it and employ themselves
+that way, which if they do I am confident it will prove a mighty
+business, considering that in all probability we shall be able to
+undersell the linen cloths of Holland and France at least twenty in the
+hundred.
+
+My humble advice in the conclusion for the increase of trade was, that
+his Majesty should not suffer any act of hostility to be offered to any
+merchants or their goods within the Channel, which was to be preserved
+and privileged, as the greatest of his Majesty's ports, in the same
+nature and property as the Venetian State do their Gulf, and the King
+of Denmark his Sound, and therefore I humbly besought his Majesty and
+their lordships that it might accordingly be remembered and provided for
+in all future treaties with foreign princes.
+
+Upon the summing up of all which, I did represent that Kingdom to his
+Majesty and the lords as a growing people that would increase beyond all
+expectation if it were now a little favoured in this their first spring,
+and not discouraged by harder usage than either English or Scotch found.
+The instances I gave were the imposition upon coals, wherein the Irish
+were not treated as English, but as foreigners, by imposing four
+shillings upon a tun, which was full as much as either French or Dutch
+paid; next, that excessive rate set upon a horse or mare to be
+transported forth of this Kingdom, so as I did not know how the army
+should be provided for the King's service, there not being in that
+Kingdom of their own breed to furnish those occasions; and lastly
+eighteenpence set upon every live beast that comes thence, all which
+will be a great discouragement for any to transplant themselves and
+children into a country where they shall presently be dealt withal as
+aliens, be denied the favours and the graces afforded to other subjects,
+and utterly quell and cut off any increase of trade by nipping it and
+overburdening it thus in the bud.
+
+
+22. REVOCATION OF COMMISSIONS, PATENTS AND MONOPOLIES GRANTED BY THE
+CROWN [_Soc. Ant. Proc. Coll._,[315] _April 15, 1639_].
+
+Whereas divers grants, licenses, privileges, and commissions have been
+procured from his Majesty,.., which since upon experience hath been
+found prejudicial and inconvenient to his people, contrary to his
+Majesty's gracious intention in granting the same; And whereas also upon
+like suggestions, there hath been obtained from his Majesty, the lords
+and others of his Privy Council, divers warrants and letters of
+assistance for the execution of those grants, licenses, privileges, and
+commissions according to his Majesty's good intention and meaning
+therein.
+
+Forasmuch as his most excellent Majesty (whose royal ear and providence
+is ever intent on the public good of his people) doth now discern that
+the particular grants, licenses, and commissions hereafter expressed,
+have been found in consequence far from those grounds and reasons
+wherefore they were founded, and in their execution have been
+notoriously abused, he is now pleased of his mere grace and favour to
+all his loving subjects (with the advice of his Privy Council) by his
+regal power to publish and declare the several commissions and licenses
+hereafter following, whether the same have passed his great seal, privy
+seal, signet, and sign manual, or any of them, to be from hence utterly
+void, revoked, and hereby determined.
+
+That is to say:--
+
+A commission for cottages and inmates touching scrivenors and brokers.
+
+A commission for compounding with offenders touching tobacco.
+
+A commission for compounding with offenders touching butter.
+
+A commission for compounding with offenders touching logwood.
+
+A commission for compounding with sheriffs for selling under-sheriffs'
+places.
+
+A commission for compounding with offenders for destruction of woods for
+iron-works.
+
+A commission for concealments and encroachments within 20 miles of
+London.
+
+A license to transport sheep and lambskins.
+
+A commission to take men bound to dress no venison, pheasants, or
+partridges in inns, alehouses, ordinaries, and taverns.
+
+A commission touching licensing of wine-casks.
+
+A commission for licensing of brewers.
+
+A license for sole transporting of lamperns[316] and all proclamations,
+warrants, or letters of assistance for putting in execution of the said
+commissions or licenses be from henceforth declared void, determined,
+and hereby revoked to all intents and purposes.
+
+And his Majesty in like favour and ease to his subjects is further
+pleased to declare his royal will and pleasure to be, that the
+particular grants hereafter mentioned (upon feigned suggestions,
+obtained from him, to public damages) whereby the same have passed his
+Majesty's great seal, privy seal, signet, or sign manual or any of them,
+shall not hereafter be put in execution, viz.:
+
+A grant for weighing of hay and straw in London and Westminster and 3
+miles compass.
+
+An office of register to the commission for bankrupts in divers counties
+of the realm.
+
+An office or grant for gauging of red herrings.
+
+An office or grant for the marking of iron made within the realm.
+
+An office or grant for sealing of bone lace.
+
+A grant for making and gauging of butter casks.
+
+A grant of privilege touching kelp and seaweed.
+
+A grant for sealing of linen cloth.
+
+A grant for gathering of rags.
+
+An office or grant of factor for Scottish merchants.
+
+An office or grant for searching and sealing of foreign hops.
+
+A grant for sealing of buttons.
+
+All grants of fines, penalties, and forfeitures before judgment granted,
+or mentioned to be granted, by letters patents, privy seals, signet,
+sign manual, or otherwise.
+
+All patents for new inventions not put in practice within 3 years next
+after the date of the said grants.
+
+And the several grants of incorporation made unto--
+
+ Hatband-makers.
+ Gutstring-makers.
+ Spectacle-makers.
+ Comb-makers.
+ Tobacco-pipe-makers.
+ Butchers and Horners.
+
+And his Majesty doth further require and command that there shall be a
+proceeding against the said patentees by _quo warranto_ or _scire
+facias_ to recall the said grants and patents, unless they will
+voluntarily surrender and yield up the same: and also all proclamations,
+warrants, or letters of assistance obtained from his Majesty or the
+lords and others of his Privy Council for execution thereof, from
+henceforth utterly to cease and be determined, and are hereby absolutely
+revoked and recalled.
+
+And his Majesty doth further expressly charge and command all and
+singular the patentees, grantees, or others any ways interested or
+claiming under the aforenamed grants, licenses, or commissions, or any
+of them and their deputies, that they or any of them do not at any time
+hereafter presume to put in use or execution any of the said grants,
+commissions, or licenses, or any thing therein contained, or any
+proclamations, warrants, or letters of assistance obtained in that
+behalf, upon pain of his Majesty's indignation, and to be proceeded
+against as contemners of his Majesty's royal commands, whereof he will
+require a strict account. Given at our Manor of York the 9th of April in
+the 15th year of our reign, 1639.
+
+[Footnote 315: Quoted, W.H. Price, _English Patents of Monopoly_,
+Appendix B.]
+
+[Footnote 316: _i.e._ lampreys.]
+
+
+23. ORDINANCE ESTABLISHING AN EXCISE [_Firth and Rait, Acts and
+Ordinances of the Interregnum, Vol. I, pp. 202-14_], 1643.
+
+An ordinance for the speedy raising and levying of monies, set by way of
+charge or new impost, on the several commodities mentioned in the
+schedule hereunto annexed; as well for the securing of trade as for the
+maintenance of the forces raised for the defence of the King and
+Parliament, both by sea and land, as for and towards the payments of the
+debts of the commonwealth, for which the public faith is, or shall be,
+given.
+
+The Lords and Commons now assembled in Parliament, taking into their
+serious consideration the great danger that this kingdom lyeth under,
+through the implacable malice and treachery of Papists and other wicked
+persons; ... And forasmuch as many great levies have been already made
+... which the well-affected party to the Protestant religion have
+hitherto willingly paid, to their great charge, and the malignants of
+this kingdom have hitherto practised by all cunning ways and means how
+to evade and elude the payment of any part thereof; By reason whereof
+the Lords and Commons do hold it fit that some constant and equal way
+for the levying of monies for the future maintenance of the Parliament
+forces ... may be ... established, whereby the said malignants and
+neutrals may be brought to and compelled to pay their proportionable
+parts of the aforesaid charge....
+
+I. Be it therefore ordered, ordained and declared by the said Lords and
+Commons, that the several rates and charges in a schedule hereunto
+annexed and contained shall be set and laid ... upon all and every the
+commodities in the said schedule particularly expressed....
+
+II. Be it further ordained ... that ... an office ... shall be ...
+erected ... in the City of London, called ... by the name of the Office
+of Excise or New Impost, whereof there shall be eight Commissioners to
+govern the same....
+
+V. That the like office and so many of such officers shall be ...
+erected ... in all the counties of the realm of England, dominion of
+Wales, and town of Berwick, and all other the cities ... as the said
+eight Commissioners ... think fit to nominate....
+
+VII. That the said office in all places where it shall be placed shall
+be kept open in the week days from eight ... till eleven, and from two
+till five ..., for the entering and registering the names and surnames,
+as well of the sellers, buyers and makers of all and every the
+commodities in the said schedule mentioned, and of the several qualities
+thereof, as for the receiving of all monies as shall be due upon the
+sale....
+
+XI. That if any of the sellers of the said commodities shall refuse or
+neglect to make a true entry of the said commodities ... that then he or
+they ... shall forfeit to the use of the commonwealth four times the
+true value of the goods and commodities so by him or them neglected to
+be entered or delivered....
+
+XV. That this ordinance shall begin to take place and effect from the
+25th of July, 1643, and from thence to continue only for three years
+then next ensuing, unless both Houses of Parliament, during that time,
+shall declare that it shall continue for any longer time....
+
+In this schedule is contained the charge and excise which ... is set and
+imposed, to be paid on the several commodities hereafter mentioned.
+
+[Here follows schedule of rates and commodities.]
+
+
+
+
+PART III: 1660-1846
+
+
+
+
+SECTION I
+
+INDUSTRIAL ORGANISATION AND SOCIAL CONDITIONS
+
+ 1. Defoe's Account of the West Riding Cloth Industry, 1724--2.
+ Defoe's Account of the Woollen Trade, _temp._ George II.--3. Defoe's
+ Account of the Corn Trade, _temp._ George II.--4. Defoe's Account of
+ the Coal Trade, _temp._ George II.--5. A Description of Middlemen in
+ the Woollen Industry, 1739.--6. Report on the Condition of Children
+ in Lancashire Cotton Factories, 1796--7. The Newcastle Coal Vend,
+ 1771-1830--8. The old Apprenticeship System in the Woollen Industry,
+ 1806--9. A Petition of Cotton Weavers, 1807--10. Depression of Wages
+ and its Causes in the Cotton Industry, 1812--11. Evidence of the
+ Condition of Children in Factories, 1816--12. Change in the Cotton
+ Industry and the Introduction of Power-loom Weaving, 1785-1807--13.
+ Evidence by Factory Workers of the Condition of Children, 1832--14.
+ Women's and Children's Labour in Mines, 1842--15. Description of the
+ Condition of Manchester by John Robertson, Surgeon, 1840.
+
+
+The documents in this section are intended to illustrate changes in
+industry and their effects on social conditions between 1660 and 1846.
+Eight extracts illustrate the condition of industries in the period,
+their structure, organisation and methods (Nos. 1 to 5, 7, 8 and 12).
+The first five refer to the early part of the eighteenth century and
+have a double interest. They record the old conditions in the woollen
+industry and the wool, corn and coal trades, and enable us to estimate
+the completeness of the change which was coming (Nos. 1, 2, 3, 4, 5).
+They show also how far advanced already was the organisation of markets
+and middlemen, and vertical control. A description of the conditions of
+the old apprenticeship system in the woollen industry is added (No. 8).
+Evidence before Committees on the Coal Trade gives an account of the
+important monopoly agreements and limitations of output which the
+peculiar conditions of the industry produced (No. 7). An example of the
+mechanical inventions which revolutionised industry at the close of the
+period is taken from an autobiographical pamphlet by a pioneer in
+power-loom cotton weaving (No. 12).
+
+The pressure of industrial change on human life had been felt for some
+time before the application of new motive-power to machinery took full
+effect. The fluctuations of the cotton weaving industry and the
+depression of wages, aggravated by the French wars and trade
+restrictions, are illustrated by a petition of weavers (No. 9) and by
+evidence before a committee on the Orders in Council (No. 10). The rest
+of the extracts refer chiefly to the employment of children under the
+new industrial conditions. The report of Dr. Perceval in 1796 (No. 6)
+helped to produce the original Factory Act (See Pt. III, Section III,
+No. 9). The evidence of Peel and Owen before the committee of 1816 is
+given as the testimony of exceptional employers (No. 11). It supplements
+the picture painted by children, parents and overseers before Sadler's
+committee (No. 13). The Commission of 1842 (No. 14) supplies evidence of
+the conditions under which women and children worked in the coal mines.
+A brief description by a surgeon of the condition of Manchester in 1840
+is added as giving some indication of the part played by housing
+conditions in the Industrial Revolution (No. 15).
+
+AUTHORITIES
+
+ On Industrial Organisation the principal modern writers are Unwin,
+ _Industrial Organisation in the Sixteenth and Seventeenth Centuries_;
+ Cunningham, _English Industry and Commerce, Modern Times_; Mantoux,
+ _La Révolution Industrielle_; Toynbee, _The Industrial Revolution_;
+ Marx, _Capital_, Vol. II; Hobson, _The Evolution of Modern
+ Capitalism_, _Social England_ (edited Traill); H. Levy, _Monopoly and
+ Competition_. Consult also Smiles, _Lives of the Engineers_, _Lives
+ of Boulton and Watt_, _Industrial Biography_; Meteyard, _Life of
+ Wedgwood_; Chapman, _The Cotton Industry_; Galloway, _Annals of
+ Coalmining_; Boyd, _History of the Coal Trade_; Lloyd, _The Cutlery
+ Trades_; Leone Levi, _History of British Commerce_; Porter, _The
+ Progress of the Nation_, and _The Victoria County History_, _passim_
+ (articles on social and economic history and on industries). For
+ social conditions and changes consult Mantoux, Cunningham, Marx, and
+ other writers above-mentioned, and Hutchins, _The Public Health
+ Agitation_; Cooke Taylor, _The Factory System_ and _Introduction to
+ the Factory System_; Webb, _History of Trade Unionism_.
+
+ Bibliographies are given by Cunningham, _op. cit._, Part II; Unwin,
+ _op. cit._; Mantoux, _op. cit._; _Social England_; Hutchins and
+ Harrison, _History of Factory Legislation_; Webb, _op. cit._;
+ Cambridge Modern History, Vol. X.
+
+ _Contemporary._--(1) The chief printed documentary evidence is to be
+ found in the numerous reports of Committees and Commissions. For
+ children's employment see the following Reports: on the State of
+ Children in Manufactories, 1816 (III); on the Bill to regulate the
+ labour of Children, 1832; on Children in Factories, 1833 (XX and
+ XXI); on Children in Mines and Manufactories, 1842 (XV, XVI, XVII);
+ on Children's Employment, 1843 (XII-XV). On conditions of wages and
+ employment see Reports on Petitions; of Framework Knitters,
+ 1778-1779; of Woolcombers, 1794; of Calico Printers, 1804 (V) and
+ 1806 (III); of Hand-loom Weavers: 1834 (X) and 1835 (XIII), 1839
+ (XIII) and 1840 (XXII and XXIV); also Reports on the Apprenticeship
+ Laws, 1813 (IV); on the Woollen Manufacture, 1806 (III); on Silk and
+ Ribbon Weavers, 1818 (X). The organisation of the Coal Industry is
+ described in Reports on the Coal Trade. See also the Letter Books of
+ Holroyd and Hill (ed. Heaton, Halifax Bankfield Museum Notes, Series
+ II, No. 3).
+
+ (2) Contemporary literary evidence for the earlier part of the period
+ is to be found in Defoe, A Tour through the Whole Island of Great
+ Britain, and The Complete English Tradesman; Smith, Memoirs of Wool
+ (a collection); Young, Tour through the North of England, gives a
+ brief survey of the Country in 1770. The changes in industrial
+ methods are described in W. Radcliffe, Origin of the New System of
+ Manufacture, commonly called Power-loom Weaving, Memoir of Edmund
+ Cartwright, and Histories of the Cotton Manufactures by Ure and
+ Baines. Life under the new conditions is described by Gaskell, The
+ Manufacturing Population, and Artizans and Machinery, and Owen,
+ Observations on the Manufacturing System. See also G. Dyer, The
+ Complaints of the Poor People of England; C. Hall, The Effects of
+ Civilisation; J. Brown, Memoir of Robert Blincoe (a child
+ factory-worker); and, for public health, Kay, Moral and Physical
+ Condition of the Working Classes; Richardson, The Health of Nations
+ (Chadwick's writings); Reports 1800 (X) and 1830 (VII); Sanitary
+ Conditions in large towns are described in Reports on Health of
+ Towns, 1840 (XI) and 1845 (XVIII), and on Sanitary Conditions, 1844
+ (XVII).
+
+
+1. DEFOE'S ACCOUNT OF THE WEST RIDING CLOTH INDUSTRY [_D. Defoe, A Tour
+Through Great Britain, Vol. III, pp. 144-146, Ed. 1769_], 1724.
+
+From Blackstone Edge to Halifax is eight miles; and all the way, except
+from Sowerby to Halifax, is thus up hill and down; so that, I suppose,
+we mounted up to the clouds, and descended to the water-level, about
+eight times in that little part of the journey.
+
+But now I must observe to you, that after we passed the second hill, and
+were come down into the valley again; and so still the nearer we came to
+Halifax, we found the houses thicker, and the villages greater in every
+bottom; and not only so, but the sides of the hills, which were very
+steep every way were spread with houses; for the land being divided into
+small inclosures, from two acres to six or seven each, seldom more,
+every three or four pieces of land had an house belonging to them.
+
+In short, after we had mounted the third hill we found the country one
+continued village, though every way mountainous, hardly an house
+standing out of a speaking distance from another; and as the day cleared
+up, we could see at every house a tenter, and on almost every tenter a
+piece of cloth, kersie, or shalloon; which are the three articles of
+this country's labour.
+
+In the course of our road among the houses, we found at every one of
+them a little rill or gutter of running water; if the house was above
+the road, it came from it, and crossed the way to run to another; if the
+house was below us, it crossed us from some other distant house above
+it; and at every considerable house was a manufactory; which not being
+able to be carried on without water, these little streams were so parted
+and guided by gutters or pipes, that not one of the houses wanted its
+necessary appendage of a rivulet.
+
+Again, as the dyeing-houses, scouring-shops, and places where they use
+this water, emit it tinged with the drugs of the dyeing vat, and with
+the oil, the soap, the tallow, and other ingredients used by the
+clothiers in dressing and scouring, etc., the lands through which it
+passes, which otherwise would be exceeding barren, are enriched by it to
+a degree beyond imagination.
+
+Then, as every clothier must necessarily keep one horse, at least, to
+fetch home his wool and his provisions from the market, to carry his
+yarn to the spinners, his manufacture to the fulling-mill, and when
+finished, to the market to be sold, and the like; so every one generally
+keeps a cow or two for his family. By this means, the small pieces of
+inclosed land about each house are occupied; and, by being thus fed, are
+still farther improved from the dung of the cattle. As for corn, they
+scarce sow enough to feed their poultry.
+
+Such, it seems, has been the bounty of nature to this county, that two
+things essential to life, and more particularly to the business followed
+here, are found in it, and in such a situation as is not to be met with
+in any part of England, if in the world beside; I mean coals, and
+running water on the tops of the highest hills. I doubt not but there
+are both springs and coals lower in these hills; but were they to fetch
+them thence, it is probable the pits would be too full of water: it is
+easy, however, to fetch them from the upper parts, the horses going
+light up, and coming down loaden. This place, then, seems to have been
+designed by providence for the very purposes to which it is now
+allotted, for carrying on a manufacture, which can nowhere be so easily
+supplied with the conveniences necessary for it. Nor is the industry of
+the people wanting to second these advantages. Though we met few people
+without doors, yet within we saw the houses full of lusty fellows, some
+at the dye-vat, some at the loom, others dressing the cloths; the women
+and children carding, or spinning; all employed from the youngest to the
+oldest; scarce any thing above four years old, but its hands were
+sufficient for its own support. Nor a beggar to be seen, nor an idle
+person, except here and there in an alms-house, built for those that are
+ancient, and past working. The people in general live long; they enjoy a
+good air; and under such circumstances hard labour is naturally attended
+with the blessing of health, if not riches.
+
+From this account, you will easily imagine, that some of these remote
+parts of the North are the most populous places of Great Britain, London
+and its neighbourhood excepted.
+
+
+2. DEFOE'S ACCOUNT OF THE WOOL TRADE AND WOOLLEN INDUSTRIES [_D. Defoe,
+The Complete English Tradesman, Ed. 1841, Vol. II, pp. 188-93_], _temp._
+George II.
+
+First, the wool itself, being taken from the sheep's back, either by the
+shearer, the farmer, or by the fellmonger from the skin, becomes a
+subject of trade; and is either sold to the stapler, or wool merchant,
+and by him to the manufacturer, or is carried by the farmer and
+fellmonger, as is sometimes the case, to the particular counties where
+it is consumed.
+
+These staplers and wool dealers are scattered all over the kingdom, and
+are a very important and considerable sort of tradesmen, being the first
+tradesmen into whose hands the said wool comes for sale: the principal
+towns in England where they are found to be in any numbers together, are
+in London, or Southwark rather, being principally in Barnaby Street, and
+the town of Blandford in Dorsetshire; there are also some in Norwich and
+in Lincolnshire, and in Leicestershire a great many.
+
+Stourbridge fair is famous for the great quantity of wool sold there,
+and which goes beyond any other fairs or markets in all the north or
+east parts of England.
+
+But wherever the wool is carried, and by whomsoever it is sold, this of
+course brings it to the first part of its manufacturing; and this
+consists of two operations:
+
+ 1. Combing. 2. Carding.
+
+The combers are a particular set of people, and the combing a trade by
+itself; the carding, on the other hand, is chiefly done by workmen hired
+by the clothiers themselves; the combers buy the wool in the fleece or
+in the pack, and when it is combed, put it on to the next operation on
+their own account. The carding is generally done by hired servants, as
+above; these operations hand on the wool to the next, which is common to
+both, viz., the spinning.
+
+But before it comes this length, it requires a prodigious number of
+people, horses, carts or wagons, to carry it from place to place; for
+the people of those countries where the wool is grown, or taken as
+above, are not the people who spin it into yarn.
+
+On the contrary, some whole counties and parts of counties are employed
+in spinning, who see nothing of any manufacture among them, the mere
+spinning only excepted.
+
+Thus the weavers of Norwich and of the parts adjacent, and the weavers
+of Spitalfields in London, send exceeding great quantities of wool into
+remote counties to be spun, besides what they spin in both those
+populous counties of Norfolk and Suffolk; particularly they employ
+almost the whole counties of Cambridge, Bedford, and Hertford; and
+besides that, as if all this part of England was not sufficient for
+them, they send a very great quantity of wool one hundred and fifty
+miles by land carriage to the north, as far as Westmoreland, to be spun;
+and the yarn is brought back in the same manner to London and to
+Norwich.
+
+This vast consumption of wool in Norfolk and Suffolk is supplied chiefly
+out of Lincolnshire, a county famous for the large sheep bred up for the
+supply of the London markets, as the western manufacturers are supplied
+from Leicestershire; of which in its place.
+
+Nor is all this sufficient still; but as if all England was not able to
+spin sufficient to the manufacture, a very great quantity of yarn, ready
+spun, is brought from Ireland, landed at Bristol, and brought from
+thence by land carriage to London, and then to Norwich also.
+
+The county of Essex, a large and exceedingly populous county, is chiefly
+taken up with the great manufacture of bays and perpets; the consumption
+of wool for this manufacture is chiefly bought of the staplers in
+London; the sorting, oiling, combing, or otherwise preparing the wool,
+is the work of the master manufacturer or bay maker; and the yarn is
+generally spun in the same county, the extent of it being not less than
+between fifty and sixty miles' square, and full of great and populous
+towns, such as Colchester, Braintree, Coggeshall, Chelmsford,
+Billericay, Bishop Stortford, Saffron Walden, Waltham, Romford, and
+innumerable smaller but very populous villages, and, in a word, the
+whole county full of people.
+
+The western part of England, superior both in manufactures and in
+numbers of people also, are not to be supplied either with wool or with
+spinning, among themselves, notwithstanding two such articles in both,
+as no other part of England can come up to by a great deal, viz.:
+
+1. Notwithstanding the prodigious numbers of sheep fed upon those almost
+boundless downs and plains in the counties of Dorset, Wilts, Gloucester,
+Somerset, and Hampshire, where the multitudes, not of sheep only, but
+even of flocks of sheep, are not to be reckoned up; insomuch that the
+people of Dorchester say there are six hundred thousand sheep always
+feeding within six miles round that one town.
+
+2. Notwithstanding the large and most populous counties of Wilts,
+Somerset, Gloucester, and Devon, in which the manufacture being so
+exceeding great, all the women inhabitants may be supposed to be
+thoroughly employed in spinning the yarn for them, and in which counties
+are, besides, the populous cities of Exeter, Salisbury, Wells, Bath,
+Bristol, and Gloucester; I say besides these, the greatest towns, and
+the greatest number of them that any other part of the whole kingdom of
+Great Britain can show, some of which exceed even the great towns of
+Leeds, Wakefield, Sheffield, etc., in the North; such as Taunton,
+Devizes, Tiverton, Crediton, Bradford, Trowbridge, Westbury, Froome,
+Stroud, Biddeford, Barnstaple, Dartmouth, Bridgewater, Mynhead, Poole,
+Weymouth, Dorchester, Blandford, Wimbourn, Sherbourne, Cirencester,
+Honiton, Warminster, Tewksbury, Tedbury, Malmsbury, and abundance of
+others, too many to set down; all which I mention, because those who
+pretend to have calculated the numbers of people employed in these four
+counties assure me that there are not so few as a million of people
+constantly employed there in spinning and weaving for the woollen
+manufacture only; that besides the great cities, towns, and seaports,
+mentioned above, there are not less than one hundred and twenty market
+towns, six large cities, and fifteen hundred parishes, some of which are
+exceeding full of people.
+
+And yet, notwithstanding all this, such is the greatness of this
+prodigious manufacture, that they are said to take yearly thirty
+thousand packs of wool, and twenty-five thousand packs of yarn ready
+spun from Ireland.
+
+From hence, take a short view of the middle part of England: Leicester,
+Northampton, and Warwick shires have a prodigious number of large sheep,
+which, as is said of Lincolnshire, are bred for the London markets; the
+wool, consequently, is of an exceeding long staple, and the fineness is
+known also to be extraordinary.
+
+This wool is brought every week, Tuesday and Friday, to the market at
+Cirencester, on the edge of Gloucester and Wilts; the quantity is
+supposed to be at least five hundred packs of wool per week.
+
+Here it is bought by the woolcombers and carders of Tedbury, Malmsbury,
+and the towns on all that side of Wilts and Gloucester, besides what the
+clothiers themselves buy; these carry it out far and near among the poor
+people of all the adjacent countries, for the spinning; and having made
+the yarn, they supply that manufacture as far as Froome, Warminster, and
+Taunton; and thus the west country is furnished.
+
+The north requires another inspection; the rest of the Leicestershire
+wool merchants, who do not bring their wool southward, carry it forward
+to the north, to Wakefield, Leeds, and Halifax; here they mix it with,
+and use it among the northern wool, which is not esteemed so fine.
+
+Not forgetting, notwithstanding, that they have a great deal of very
+fine wool, and of a good staple, from the wolds or downs in the East
+Hiding of Yorkshire, and from the bishoprick of Durham, more especially
+the banks of the Tees, where, for a long way, the grounds are rich, and
+the sheep thought to be the largest in England.
+
+Hither all the finest wool of those countries is brought; and the
+coarser sort, and the Scots' wool, which comes into Halifax, Rochdale,
+Bury, and the manufacturing towns of Lancashire, Westmoreland, and
+Cumberland, are employed in the coarser manufactures of those countries,
+such as kerseys, half-thicks, yarn stockings, duffields, rugs, Turkey
+work, chairs, and many other useful things, which those countries abound
+in.
+
+
+3. DEFOE'S ACCOUNT OF THE CORN TRADE [_D. Defoe, The Complete English
+Tradesman, Ed. 1841, Vol. II, pp. 177-182_], _temp._ George II.
+
+As the corn trade is of such consequence to us, for the shipping off the
+overplus, so it is a very considerable business in itself; the principal
+people concerned in it, as a trade, are, though very numerous, yet but
+of four denominations;--
+
+ 1. Cornfactors;
+ 2. Mealmen;
+ 3. Maltsters;
+ 4. Carriers.
+
+1. Cornfactors; these, as corn is now become a considerable article of
+trade, as well foreign as inland, are now exceeding numerous; and though
+we had them at first only in London, yet now they are also in all the
+great corn markets and ports where corn is exported through the whole
+island of Britain; and in all those ports they generally correspond with
+the corn factors in England.
+
+Those in the country ride about among the farmers, and buy the corn even
+in the barn before it is threshed; nay, sometimes they buy it in the
+field standing, not only before it is reaped, but before it is ripe.
+This subtle business is very profitable; for, by this means, cunningly
+taking advantage of the farmers, by letting them have money before-hand,
+which they, poor men, often want, they buy cheap when there is a
+prospect of corn being dear; yet sometimes they are mistaken too, and
+are caught in their own snare; but indeed, that is but seldom; and were
+they famed for their honesty, as much as they generally are for their
+understanding in business, they might boast of having a very shining
+character.
+
+2. Mealmen; these generally live either in London or within thirty miles
+of it, that employment chiefly relating to the markets of London; they
+formerly were the general buyers of corn, that is to say, wheat and rye,
+in all the great markets about London, or within thirty or forty miles
+of London, which corn they used to bring to the nearest mills they could
+find to the market, and there have it ground, and then sell the meal to
+the shopkeepers, called mealmen, in London.
+
+But a few years past have given a new turn to this trade, for now the
+bakers in London, and the parts adjacent, go to the markets themselves,
+and have cut out the shopkeeping mealmen; so the bakers are the mealmen,
+and sell the fine flour to private families, as the mealmen used to do.
+And as the bakers have cut out the meal shops in London, so the millers
+have cut out the mealmen in the country; and whereas they formerly only
+ground the corn for the mealmen, they now scorn that trade, buy the
+corn, and grind it for themselves; so the baker goes to the miller for
+his meal, and the miller goes to the market for the corn.
+
+It is true, this is an anticipation in trade, and is against a stated
+wholesome rule of commerce, that trade ought to pass through as many
+hands as it can; and that the circulation of trade, like that of the
+blood, is the life of the commerce. But I am not directing to what
+should be, but telling what is; it is certain the mealmen are, in a
+manner, cut out of the trade, both in London and in the country, except
+it be those country mealmen who send meal to London by barges, from all
+the countries bordering on the Thames, or on any navigable river running
+into the Thames west; and some about Chichester, Arundel, and the coast
+of Sussex and Hampshire, who send meal by sea; and these are a kind of
+meal merchants, and have factors at London to sell it for them--either
+at Queenhithe, the great meal-market of England, or at other smaller
+markets.
+
+By this change of the trade, the millers, especially in that part of
+England which is near the Thames, who in former times were esteemed
+people of a very mean employment, are now become men of vast business;
+and it is not an uncommon thing to have mills upon some of the large
+rivers near the town, which are let for three or four hundred pounds a
+year rent.
+
+3. Maltsters; these are now no longer farmers, and, as might be said,
+working labouring people, as was formerly the case, when the public
+expense of beer and ale, and the number of alehouses, was not so great,
+but generally the most considerable farmers malted their own barley,
+especially in the towns and counties, from whence they supplied London,
+and almost every farmhouse of note.
+
+As the demand for malt increased, those farmers found it for their
+purpose to make more and larger quantities of malt, than the barley they
+themselves sowed would supply; and so bought the barley at the smaller
+farms about them; till at length the market for malt still increasing,
+and the profits likewise encouraging, they sought far and near for
+barley; and at this time the malting trade at Ware, Hertford, Royston,
+Hitchin, and other towns on that side of Hertfordshire, fetch their
+barley twenty, thirty, or forty miles; and all the barley they can get
+out of the counties of Essex, Cambridge, Bedford, Huntingdon, and even
+as far as Suffolk, is little enough to supply them; and the like it is
+at all the malt-making towns upon the river of Thames, where the malt
+trade is carried on for supply of London, such as Kingston, Chertsey,
+Windsor, High Wycombe, Reading, Wallingford, Abingdon, Thame, Oxford,
+and all the towns adjacent; and at Abingdon in particular, they have a
+barley market, where you see every market-day four or five hundred carts
+and wagons of barley to be sold at a time, standing in rows in the
+market-place, besides the vast quantity carried directly to the
+maltsters' houses.
+
+The malt trade thus increasing, it soon came out of the hands of the
+farmers; for either the farmers found so much business, and to so much
+advantage, in the malting-trade, that they left off ploughing, and put
+off their farms, sticking wholly to the malt; or other men, encouraged
+by the apparent advantage of the malting-trade, set it up by itself, and
+bought their barley, as is said above, of the farmers, when their malt
+trade first increased; or both these together, which is most probable;
+and thus malting became a trade by itself.
+
+Again, though the farmers then generally left off malting in the manner
+as above, yet they did not wholly throw themselves out of the profit of
+the trade, but hired the making of their own malt; that is, to put out
+their barley to the malthouses to be made on their account; and this
+occasioned many men to erect malthouses, chiefly to make malt only for
+other people, at so much per quarter, as they could agree; and at
+intervals, if they wanted full employ, then they made it for themselves;
+of these I shall say more presently.
+
+Under the head of corn factors, I might have taken notice, that there
+are many of those factors who sell no other grain than malt; and are, as
+we may say, agents for the maltsters who stay in the country, and only
+send up their goods; and assistants to those maltsters who come up
+themselves.
+
+The mentioning these factors again here, naturally brings me to observe
+a new way of buying and selling of corn, as well as malt, which is
+introduced by these factors; a practice greatly increased of late,
+though it is an unlawful way of dealing, and many ways prejudicial to
+the markets; and this is buying of corn by samples only. The case is
+thus:--
+
+The farmer, who has perhaps twenty load of wheat in his barn, rubs out
+only a few handfuls of it with his hand, and puts it into a little
+money-bag; and with this sample, as it is called, in his pocket, away he
+goes to market.
+
+When he comes thither, he stands with his little bag in his hand, at a
+particular place where such business is done, and thither the factors or
+buyers come also; the factor looks on the sample, asks his price, bids,
+and then buys; and that not a sack or a load, but the whole quantity;
+and away they go together to the next inn, to adjust the bargain, the
+manner of delivery, the payment, etc. Thus the whole barn, or stack, or
+mow of corn, is sold at once; and not only so, but it is odds but the
+factor deals with him ever after, by coming to his house; and so the
+farmer troubles the market no more.
+
+This kind of trade is chiefly carried on in those market-towns which are
+at a small distance from London, or at least from the river Thames;
+such as Romford, Dartford, Grayes, Rochester, Maidstone, Chelmsford,
+Malden, Colchester, Ipswich, and so down on both sides the river to the
+North Foreland, and particularly at Margate and Whitstable, on one side;
+and to the coast of Suffolk, and along the coast both ways beyond, and
+likewise up the river. Also,
+
+At these markets you may see, that, besides the market-house, where a
+small quantity of corn perhaps is seen, the place mentioned above, where
+the farmers and factors meet, is like a little exchange, where all the
+rest of the business is transacted, and where a hundred times the
+quantity of corn is bought and sold, as appears in sacks in the
+market-house; it is thus, in particular, at Grayes, and at Dartford: and
+though on a market-day there are very few wagons with corn to be seen in
+the market, yet the street or market-place, nay, the towns and inns, are
+thronged with farmers and samples on one hand, and with mealmen, London
+bakers, millers, and cornfactors, and other buyers, on the other. The
+rest of the week you see the wagons and carts continually coming all
+night and all day, laden with corn of all sorts, to be delivered on
+board the hoys, where the hoymen stand ready to receive it, and
+generally to pay for it also: and thus a prodigious corn trade is
+managed in the market, and little or nothing to be seen of it.
+
+
+4. DEFOE'S ACCOUNT OF THE COAL TRADE [_D. Defoe, The Complete English
+Tradesman, Ed. 1841, Vol. II, pp. 172-173_], _temp._ George II.
+
+The Newcastle coals, brought by sea to London, are bought at the pit, or
+at the steath or wharf, for under five shillings per chaldron; I suppose
+I speak with the most; but when they come to London, are not delivered
+to the consumers under from twenty-five to thirty shillings per
+chaldron; and when they are a third time loaded on board the lighters in
+the Thames, and carried through bridge, then loaded a fourth time into
+the great west country barges, and carried up the river, perhaps to
+Oxford or Abingdon, and thence loaded a fifth time in carts or wagons,
+and carried perhaps ten or fifteen, or twenty miles to the last
+consumer; by this time they are sometimes sold from forty-five to fifty
+shillings per chaldron; so that the five shillings first cost, including
+five shillings tax, is increased to five times the prime cost. And
+because I have mentioned the frequent loading and unloading the coals,
+it is necessary to explain it here once for all, because it may give a
+light into the nature of this river and coast commerce, not in this
+thing only, but in many others; these loadings are thus:--
+
+1. They are dug in the pit a vast depth in the ground, sometimes fifty,
+sixty, to a hundred fathoms; and being loaded (for so the miners call
+it) into a great basket or tub, are drawn up by a wheel and horse, or
+horses, to the top of the shaft, or pit mouth, and there thrown out upon
+the great heap, to lie ready against the ships come into the port to
+demand them.
+
+2. They are then loaded again into a great machine called a wagon; which
+by the means of an artificial road, called a wagon-way, goes with the
+help of but one horse, and carries two chaldron, or more, at a time, and
+this, sometimes, three or four miles to the nearest river or water
+carriage they come at; and there they are either thrown into, or from, a
+great storehouse, called a steath, made so artificially, with one part
+close to or hanging over the water, that the lighters or keels can come
+close to, or under it, and the coals be at once shot out of the wagon
+into the said lighters, which carry them to the ships, which I call the
+first loading upon the water.
+
+
+5. A DESCRIPTION OF MIDDLEMEN IN THE WOOLLEN INDUSTRY [_J. Smith, The
+Memoirs of Wool, Vol. II, pp. 310-313, 1747_], 1739.
+
+THE TYRANNY OF THE BLACKWEL-HALL FACTORS.
+
+The sufferings of the poor employed in working up Spanish wool, are not
+owing to the unmercifulness of the clothiers, but the tyranny of
+Blackwel-Hall factors; who though originally but the servants of the
+makers, are now become their masters, and not only theirs, but the wool
+merchants and drapers too.
+
+Perhaps, sir, you may ask how it is possible that these men, who style
+themselves but factors or agents, could find means to lord it as tyrants
+over their employers? Why thus: they have managed it so, that the
+merchant dare not sell his wool to the clothier, nor the clothier
+presume to buy it of the merchant. On this grand point their whole power
+is founded. To make this clear, sir, you are to understand, that in the
+year 1695, the clothiers finding themselves in much the same
+circumstances they are at present, by their credit given to the drapers
+on one hand, and their being obliged to purchase wool of the factors, on
+the other, applied in a body to parliament for relief, and an act was
+accordingly past for restoring to them Blackwel-Hall for a market,
+limiting the credit to be given for their goods, to six months; obliging
+the factor to demand notes of hand of the draper, payable in that term,
+for the use of the clothier, on penalty of forfeiting double the value
+of the debt; and in case the draper refused to give such notes, so
+demanded, fining him 20s.
+
+For a little while, this act had its desired effect; these notes were
+immediately returned to the clothier, who carried them to market for
+wool, etc., and by that means, made them answer in trade almost as well
+as cash itself. The factors thus stripped of the most valuable part of
+their business, immediately concerted such measures as rendered the
+whole act ineffectual, and put it in their power to tyrannize over the
+clothiers as much as ever. This was done, by tampering with those of the
+trade, whose circumstances were most precarious, who induced by the
+promise of a speedy sale for their goods, prior to those of any other
+maker, were easily prevailed upon to forego the advantage of the notes
+granted them by Parliament. This fatal precedent being once set, the
+factors instantly exacted a like compliance from all the rest; and if
+any refused not one piece of their cloth was sold. By which means, being
+obliged to keep their workmen employed in the interval, their whole
+stock, though ever so large, was exhausted; and the more stock they had,
+the more it became their interest to truckle to their old oppressors,
+and again take off their wool on what terms they pleased.
+
+This important point carried, like true politicians, they resolved to
+pursue their blow, and add some new acquisitions to what they possessed
+before. Accordingly, they again allowed the drapers such unreasonable
+credit, that it was impossible for the most substantial clothier to
+carry on the trade, while the returns were so slow and precarious. On an
+universal complaint therefore of this grievance, they graciously
+condescended to insure the debt to be paid, twelve months after it was
+contracted; but in return of so great a favour, insisted on two and a
+half per cent. as a reward; and if any was rash or stubborn enough to
+disrelish or oppose this new imposition, he had the mortification to
+wait six months longer for his money, that is to say, a year and a half
+in all; which, together with the three months the cloth is in making,
+and three that (one piece with another) it continues in the hall, before
+it is sold off, make two years in the whole. Now let any one judge how
+large a stock is absolutely necessary to carry on a trade, under all
+these disadvantages, particularly when 'tis recollected, that the
+clothier is obliged to pay his workmen ready money all this while,
+whether his goods are vended or no; and that the modest factor always
+insists on his being paid for his wool, with the first money he receives
+for the cloth.
+
+Neither is even this all. But if the clothier, hard drove by so vast and
+so continued a charge, should be compelled, as too many are, to draw
+upon the factor for money before 'tis due, according to their
+calculation, one misfortune makes way for another; and he must pay an
+extravagant premium for the advance, probably, of his own money. Nor are
+you to wonder, sir, that these worthy gentlemen are so solicitous to
+monopolise the whole market of Spanish wool; since, on a medium, they
+get four pounds on every pack. Now a considerable clothier may be
+supposed to work up 80 packs a year; which is in a manner a rent charge
+of 320l. to the factor annually; for it is more than probable that this
+very wool is purchased with the clothiers' cash; and while the factor
+grows rich without any risk, and with very little trouble the clothier
+is doubly excised, both for what he receives, and what is not only
+withheld, but employed so manifestly to his prejudice.
+
+'Tis farther to be observed, that as by far the greatest part of a
+clothiers' stock must of necessity be lodged in the factors hands, if he
+(the clothier) happens to break, or die insolvent (as in spite of a
+whole life of toil and industry, many of them do) the factor immediately
+seizes on the whole; it being (says he) a pledge for money advanced,
+wool sold, etc., so that the rest of the creditors seldom receive a
+farthing, while he, to whom the poor man's calamity is principally
+owing, runs away with all.
+
+Besides these capital grievances, there are several others, which though
+inferior in degree, are, when added together, no small increase of the
+load; such as the factors lumping the charges for warehouse-room in the
+hall, porterage, pressing, packing, etc., every article of which ought
+to be particular; as likewise sending out cloths to the drapers at the
+expense of the clothier, not for sale; but one would be almost tempted
+to think, to supply the shops with the paper and packthread they are
+secured with; since they are returned stripp'd of both, tumbled from end
+to end, exposed to all weather and accidents, and in such a condition as
+renders it absolutely necessary to have them cleaned, pressed, and
+packed anew. And all this, after they have been out of the hall six or
+eight weeks; though the above quoted act of Parliament provides that
+every cloth shall be reputed sold, after it hath been detained eight
+days.
+
+One would think, sir, I had already mentioned grievances enough, not
+only to justify the clothier, but to excite the concern of the whole
+people in their favour, and the aid of the legislature in their redress.
+But there is yet another behind, which ought not to be omitted. It is
+this. These worthy factors, not content with all these various methods
+of oppression, to crown the whole, often set up people to act as master
+clothiers, on their stock, during any little glut of business; and as it
+is easy to imagine, give all the cloth so made, the preference of the
+market, though perhaps in all respects, least deserving of it. Hence,
+those that trade on their own bottoms, and employ the poor in good and
+bad times alike, are liable to all the disadvantages of the one, with
+little or no share in the benefits of the other. And hence, more people
+are admitted into trade, than the trade can possibly maintain; which
+opens a new door to the tumults and riots so lately felt.
+
+
+6. REPORT ON THE CONDITION OF CHILDREN IN LANCASHIRE COTTON FACTORIES
+[_Report of Committee on State of Children in Manufactories, 1816 (III),
+pp. 139-140_], 1796.
+
+Resolutions for the consideration of the Manchester Board of Health, by
+Dr. Perceval, January 25, 1796.
+
+It has already been stated that the objects of the present institution
+are to prevent the generation of diseases; to obviate the spreading of
+them by contagion; and to shorten the duration of those which exist, by
+affording the necessary aids and comforts to the sick. In the
+prosecution of this interesting undertaking, the Board have had their
+attention particularly directed to the large cotton factories
+established in the town and neighbourhood of Manchester; and they feel
+it a duty incumbent on them to lay before the public the result of their
+inquiries:--
+
+1. It appears that the children and others who work in the large
+factories, are peculiarly disposed to be affected by the contagion of
+fever, and that when such infection is received, it is rapidly
+propagated, not only amongst those who are crowded together in the same
+apartments, but in the families and neighbourhoods to which they belong.
+
+2. The large factories are generally injurious to the constitution of
+those employed in them, even where no particular diseases prevail, from
+the close confinement which is enjoined, from the debilitating effects
+of hot or impure air, and from the want of the active exercises which
+nature points out as essential in childhood and youth, to invigorate the
+system, and to fit our species for the employments and for the duties of
+manhood.
+
+3. The untimely labour of the night, and the protracted labour of the
+day, with respect to children, not only tends to diminish future
+expectations as to the general sum of life and industry, by impairing
+the strength and destroying the vital stamina of the rising generation,
+but it too often gives encouragement to idleness, extravagance and
+profligacy in the parents, who, contrary to the order of nature, subsist
+by the oppression of their offspring.
+
+4. It appears that the children employed in factories are generally
+debarred from all opportunities of education, and from moral or
+religious instruction.
+
+5. From the excellent regulations which subsist in several cotton
+factories, it appears that many of these evils may, in a considerable
+degree, be obviated; we are therefore warranted by experience, and are
+assured we shall have the support of the liberal proprietors of these
+factories, in proposing an application for Parliamentary aid (if other
+methods appear not likely to effect the purpose), to establish a general
+system of laws for the wise, humane, and equal government of all such
+works.
+
+
+7. THE NEWCASTLE COAL VEND
+
+[_Reports from Committees on the Coal Trade, 1800 (X), p. 540, and 1830
+(VIII), pp. 6 and 254-5_], 1771-1830.
+
+(_a_) 1800.
+
+_Evidence of Francis Thompson (formerly manager of Washington
+colliery)._
+
+Is there any regulation or limit as to price they[317] may give to the
+coal-owners?
+
+In August, September, and October, 1771, I found great irregularities in
+the Coal Trade, particularly with respect to the measure. I communicated
+my sentiments to two of the most respectable agents of the owners ...;
+upon which it was agreed that a meeting should be had of the coal owners
+belonging to Sunderland, to be convened by me, and the coal owners at
+Newcastle, to be convened by a Mr. Gibson and Mr. Morrison, which was
+done; and we had three or four meetings, and I was appointed
+Secretary.... Since that time, according to the best enquiries I have
+been able to make, the coal owners have had frequent meetings for the
+purpose of stipulating the vends[318]; that is, that five of the
+collieries of the best coals, viz., Walls End, Walker, Wellington,
+Hebburn, and Heyton, are permitted to vend the greatest proportion, and
+at the best price; after that there is a second class, which sells one
+shilling per chaldron lower, being coals of an inferior quality, and
+also less in proportion as to quantity; there is likewise a third class,
+at a shilling less than the second, and who are allowed to sell a still
+less proportion as to quantity.
+
+By what means do you understand those vends have been limited? By the
+meetings of the coal owners frequently for the purpose of ascertaining
+the vends.
+
+Was there any positive agreement for that purpose? That cannot be well
+known, being contrary to Act of Parliament.
+
+(_b_) 1830.[319]
+
+The proprietors of the best coals are called upon to name the price at
+which they intend to sell their coals for the succeeding twelve months;
+according to this price, the remaining proprietors fix their prices;
+this being accomplished, each colliery is requested to send in a
+statement of the different sorts of coals they raise, and the powers of
+the colliery; that is, the quantity that each particular colliery could
+raise at full work; and upon these statements the committee, assuming an
+imaginary basis, fix the relative proportions, as to quantity, between
+all the collieries, which proportions are observed, whatever quantity
+the markets may demand. The committee then meet once a month, and
+according to the probable demand of the ensuing month, they issue so
+much per 1000 to the different collieries; that is, if they give me an
+imaginary basis of 30,000 and my neighbour 20,000, according to the
+quality of our coal and our power of raising them in the monthly
+quantity; if they issue 100 to 1000, I raise and sell 3,000 during the
+month, and my neighbour 2,000; but in fixing the relative quantities, if
+we take 800,000 chaldrons as the probable demand of the different
+markets for the year; if the markets should require more, an increased
+quantity would be given out monthly, so as to raise the annual quantity
+to meet that demand, were it double the original quantity.
+
+_Evidence of Robert William Brandling._[320]
+
+What means have been resorted to in the north of England, with a view to
+keep the price of coal at such a rate as should compensate the owners of
+these collieries in which the expense of raising is the greatest?
+
+We have entered into a regulation at different times, which regulation
+is in existence now, and which has for its object to secure us a fair
+uniform remunerating price, and enables us to sell our coals at the port
+of shipment under our immediate inspection, instead of being driven by a
+fighting trade, to become the carrier of our coals, and to sell them by
+third persons in the markets to which they are consigned; thereby
+trusting our interests to those over whom we have no direct control
+whatever.
+
+So that practically the real quantity to be sold is fixed with reference
+to each colliery each month?
+
+Yes. The basis originally fixed, is the proportion taken between all the
+collieries?
+
+It is merely an imaginary quantity to fix the relative proportions.
+
+Has the scale of prices now in operation been varied materially from
+that which was adopted when the regulation of the vend was last on?
+
+I have already stated in my evidence that ours is a competition price,
+that we endeavour to get the best price we can, which is a little below
+what the consumer can get the same article for elsewhere. In the
+regulation in 1828 we found we had fixed our prices too high; the
+consequence was, it created an immediate influx of coals from Scotland,
+Wales and Yorkshire, and more especially from Stockton; so that when the
+coal-owners met together, to enter into another arrangement last year,
+we were obliged to fix our prices a little lower.
+
+[Footnote 317: The fitters or agents between coal-owners and
+ship-owners.]
+
+[Footnote 318: The name by which the agreements as to output were
+known.]
+
+[Footnote 319: Report from Committee on the Coal Trade, 1830 (VIII), p.
+6.]
+
+[Footnote 320: _Ibid._ pp. 254-5.]
+
+
+8. THE OLD APPRENTICESHIP SYSTEM IN THE WOOLLEN INDUSTRY [_Report of
+Committee on the Woollen Industry, 1806 (III), p. 5_], 1806.
+
+_Evidence of Mr. James Ellis_,[321] 18 _April_, 1806.
+
+Do you instruct this apprentice in the different branches of the trade?
+
+As far as he has been capable I have done.
+
+Will you enumerate the different branches of the trade which you
+yourself learnt, and in which you instruct your apprentice?
+
+I learnt to be a spinner before I went apprentice; my apprentice was
+only eleven years old when I took him; when I went apprentice I was a
+strong boy, and I was put to weaving first; I never was employed in
+bobbin winding myself while I was apprentice; I had learned part of the
+business with my father-in-law before I went; I knew how to wind bobbins
+and to warp; after that I learned to weave; we had two apprentices, and
+after I had been there a little while we used to spin and weave our
+webs; while one was spinning the other was weaving.
+
+Did you also learn to buy your own wool?
+
+Yes; I had the prospect of being a master when I came out of my time,
+and therefore my master took care I should learn that.
+
+Does that branch require great skill?
+
+Yes, it does; I found myself very deficient when I was loose.
+
+Different sorts of wool are applicable to different dyes and different
+manufactures?
+
+Yes; I was frequently obliged to resort to my master for information as
+to the dyeing and buying wool.
+
+Does it not require great skill to dye according to pattern, even when
+you have bought wool?
+
+Yes.
+
+Were you also instructed in that?
+
+Yes; I kept an account all the time I was apprentice of the principal
+part of the colours we dyed, and practised the dyeing: I always assisted
+in dyeing; I was not kept constantly to weaving and spinning; my master
+fitted me rather for a master than a journeyman.
+
+And you instruct your apprentice in the same line?
+
+Yes; we think it a scandal when an apprentice is loose if he is not fit
+for his business; we take pride in their being fit for their business,
+and we teach them all they will take.
+
+[Footnote 321: A clothier of Harmley, near Leeds, working with an
+apprentice, two hired journeymen and a boy, and giving some work out.]
+
+
+9. A PETITION OF COTTON WEAVERS [_House of Commons Journals, 47 Geo.
+III, 1807, Feb. 26_], 1807.
+
+A petition of the several Journeymen Cotton Weavers resident in the
+counties of Lancaster, Chester, York, and Derby, was presented and read;
+setting forth, That the petitioners suffer great hardships by the
+reduction of their wages, and that whenever the demand for goods becomes
+slack, many master manufacturers adopt the expedient of reducing wages,
+thereby compelling the petitioners, in order to obtain a livelihood, to
+manufacture greater quantities of goods at a time when they are
+absolutely not wanted, and that great quantities of goods so
+manufactured are sacrificed in the market at low prices, to the manifest
+injury of the fair dealer, and the great oppression of the petitioners,
+who are reduced one half of the wages they are justly entitled to, and
+in many cases, are not able to earn more than nine shillings per week:
+And therefore praying, That leave may be given to bring in a bill to
+regulate, from time to time, the wages of the petitioners.
+
+
+10.--DEPRESSION OF WAGES AND ITS CAUSES IN THE COTTON INDUSTRY [_Report
+of Committee on Orders in Council_, 1812 (_III_),_pp_. 218 _and_
+267-272], 1812.
+
+_Thursday, May 14, 1812._
+
+_Evidence of James Kay_ (_cotton and woollen manufacturer, of Bury_).
+
+What used to be the price of cotton per piece in 1807?--I took out the
+manufacturing prices for three years before 1807, and four years since.
+Those are minutes from your own books?--Yes, in May, 1805, for the
+quality goods called Blackburn supers we gave six shillings; in May,
+1806, we gave the same; in May, 1807, we gave the same; in November,
+1807, we dropped them to 5s. 6d.; in December, 1807, to 5s.; in January
+1808 to 4s. 6d.; in May 1808 they were at 4s.; it was at the time they
+were very much distressed, and rioting. In May, 1809, we gave 4s., in
+March, 1810, we, gave 7s.; in April, 6s.; and in May the same. In May,
+1811, we again gave 4s.; and at the present time we give 4s. 6d.
+
+_Evidence of Jeremiah Bury_ (_cotton manufacturer of Stockport_).
+
+_Friday, May 15, 1812._
+
+What might a man make at weaving, in the year 1810?--A man weaving plain
+work, in the year 1810, might make probably from 12s. to 15s. a week.
+
+At plain work now what may a person earn?--The same man now would not
+make more than ten or twelve shillings.
+
+What might a man in full employment, in 1810, make in spinning?-- ... I
+apprehend that a man might make from fifteen to twenty-five shillings a
+week in spinning.
+
+What will the same man make now?--I think a man now might make from
+thirteen or fourteen to eighteen shillings.
+
+Do you ever recollect so great distress as there is at present?--Never;
+I have known the trade these thirty years, but I never knew anything
+like it.
+
+Your manufactures went to the Continent pretty extensively till the year
+1807?--Yes, we sold to the merchants who sent to the Continent.
+
+Can you tell what interrupted that trade?--We had no further trade when
+the Continent was shut up.
+
+To what is the want of trade owing?--The want of market for our goods.
+
+To what is the want of market owing?--It is impossible for me to say,
+but I believe if we had an opening in America, we should have sufficient
+market for our goods; when we lost the Continental trade we had America
+to depend upon, now we have lost America we have no regular markets to
+depend upon.
+
+
+11.--EVIDENCE OF THE CONDITION OF CHILDREN IN FACTORIES [_Report of
+Committee on Children in Manufactories_, 1816 (_III_), _pp_. 89 _and_
+132-133], 1816.
+
+_Mr. Robert Owen, again called in, and examined._
+
+Have you anything to add to your evidence of yesterday?--Some questions
+were put to me yesterday respecting the early age at which children are
+employed at Stockport; I knew I had made a memorandum at the time, but I
+could not then put my hand upon it; I have since found it; and I can now
+reply to the questions regarding those cases. Mr. George Oughton,
+secretary to the Sunday school in Stockport, informed me about a
+fortnight ago, in the presence of an individual, who will probably be
+here in the course of the morning, that he knows a little girl of the
+name of Hannah Downham, who was employed in a mill at Stockport at the
+age of four. Mr. Turner, treasurer to the Sunday school, knows a boy
+that was employed in a mill at Stockport when he was only three years
+old. Mr. Turner and Mr. Oughton, if they were sent for would, I have no
+doubt, state these cases before the Committee.
+
+They were mentioned to you as a rare instance?--They were mentioned to
+me in the midst of a very numerous assembly of very respectable people;
+I inquired of them whether they knew, as they were surrounded with, I
+believe, two or three thousand children at the time, what was the age at
+which children were generally admitted into cotton mills; their answer
+was, Some at five, many at six, and a greater number at seven. I have
+also received very important information from a very respectable
+individual at Manchester, relative to the age at which children are
+employed, the hours they are kept to work, and a variety of other
+particulars from very authentic sources.
+
+Name those sources?--Mr. Nathaniel Gould and Mr. George Gould.
+
+Does the information you propose to give come from the manufactory to
+which it relates?--No manufacturer would give information against
+himself.
+
+State what you know relative to the number of hours which children and
+others are employed in their attendance on mills and
+manufactories?--About a fortnight ago I was in Leeds; and in
+conversation with Mr. Gott, whose name is well-known to many gentlemen
+in this room, he stated to me that it was a common practice, when the
+woollen trade was going on well, to work sixteen hours in the day: I was
+also informed by Mr. Marshall, who is another principal, and considered
+a highly respectable manufacturer in Leeds, that it was a common
+practice to work at flax-mills there sixteen hours a day whenever the
+trade went well: I was also informed by Mr. Gott, that when the Bill,
+generally known by the name of Sir Robert Peel's Bill, was brought in
+last session of Parliament, the night-work at Leeds was put an end to.
+In Stockport, on Sunday fortnight, I saw a number of small children
+going to the church; they appeared to me to be going from a Sunday
+school; the master was with them; I stopped the master, and asked him
+what he knew of the circumstances of the manufacturers in Stockport; he
+said he knew a great deal, because he himself had formerly, for many
+years, been a spinner in those mills; his name is Robert Mayor, of the
+National School in Stockport; he stated that he was willing to make oath
+that mills in Stockport, within the last twelve months, had been worked
+from three and four o'clock in the morning until nine at night, that he
+himself has frequently worked those hours.
+
+_Sir Robert Peel, Bart_.
+
+The house in which I have a concern gave employment at one time to near
+one thousand children of this description. Having other pursuits, it was
+not often in my power to visit the factories, but whenever such visits
+were made, I was struck with the uniform appearance of bad health, and,
+in many cases, stinted growth of the children; the hours of labour were
+regulated by the interest of the overseer, whose remuneration depending
+on the quantity of the work done, he was often induced to make the poor
+children work excessive hours, and to stop their complaints by trifling
+bribes. Finding our own factories under such management, and learning
+that the like practices prevailed in other parts of the kingdom where
+similar machinery was in use, the children being much over-worked, and
+often little or no regard paid to cleanliness and ventilation in the
+buildings; having the assistance of Dr. Percival and other eminent
+medical gentlemen of Manchester, together with some distinguished
+characters both in and out of Parliament, I brought in a Bill in the
+Forty-second year of the King, for the regulation of factories
+containing such parish apprentices. The hours of work allowed by that
+Bill being fewer in number than those formerly practised, a visible
+improvement in the health and general appearance of the children soon
+became evident, and since the complete operation of the Act contagious
+disorders have rarely occurred.
+
+Diffident of my own abilities to originate legislative measures, I
+should have contented myself with the one alluded to, had I not
+perceived, that, owing to the present use of steam power in factories,
+the Forty-second of the King is likely to become a dead letter. Large
+buildings are now erected, not only as formerly on the banks of streams,
+but in the midst of populous towns, and instead of parish apprentices
+being sought after, the children of the surrounding poor are preferred,
+whose masters being free from the operation of the former Act of
+Parliament are subjected to no limitation of time in the prosecution of
+their business, though children are frequently admitted there to work
+thirteen to fourteen hours per day, at the tender age of seven years,
+and even in some cases still younger. I need not ask the Committee to
+give an opinion of the consequence of such a baneful practice upon the
+health and well-being of these little creatures, particularly after
+having heard the sentiments of those eminent medical men who have been
+examined before us; but I most anxiously press upon the Committee, that
+unless some parliamentary interference takes place, the benefits of the
+Apprentice Bill will soon be entirely lost, the practice of employing
+parish apprentices will cease, their places will be wholly supplied by
+other children, between whom and their masters no permanent contract is
+likely to exist, and for whose good treatment there will not be the
+slightest security. Such indiscriminate and unlimited employment of the
+poor, consisting of a great proportion of the inhabitants of trading
+districts, will be attended with effects to the rising generation so
+serious and alarming, that I cannot contemplate them without dismay, and
+thus that great effort of British ingenuity, whereby the machinery of
+our manufactures has been brought to such perfection, instead of being a
+blessing to the nation, will be converted into the bitterest curse.
+
+Gentlemen, if parish apprentices were formerly deemed worthy of the care
+of Parliament, I trust you will not withhold from the unprotected
+children of the present day an equal measure of mercy, as they have no
+masters who are obliged to support them in sickness or during
+unfavourable periods of trade.
+
+
+12.--CHANGE IN THE COTTON INDUSTRY AND THE INTRODUCTION OF POWER-LOOM
+WEAVING [_William Radcliffe, The Origin of Power-Loom Weaving_, 1828,
+_pp._ 9-10, _etc._], _c._ 1785-1807.
+
+The principal estates being gone from the family, my father resorted to
+the common but never-failing resource for subsistence at that period,
+viz., the loom for men, and the cards and hand-wheel for women and boys.
+He married a spinster (in my etymology of the word) and my mother taught
+me (while too young to weave) to earn my bread by carding and spinning
+cotton, winding linen or cotton weft for my father and elder brothers at
+the loom, until I became of sufficient age and strength for my father to
+put me into a loom. After the practical experience of a few years, any
+young man who was industrious and careful, might then, from his earnings
+as a weaver, lay by sufficient to set him up as a manufacturer, and
+though but few of the great body of weavers had the courage to embark in
+the attempt, I was one of the few. Availing myself of the improvements
+that came out while I was in my teens, by the time I was married (at the
+age of 24, in 1785), with my little savings, and a practical knowledge
+of every process from the cotton-bag to the piece of cloth, such as
+carding by hand or by the engine, spinning by the hand-wheel or jenny,
+winding, warping, sizing, looming the web, and weaving either by hand or
+fly-shuttle, I was ready to commence business for myself; and by the
+year 1789, I was well established, and employed many hands both in
+spinning and weaving, as a master manufacturer.
+
+From 1789 to 1794, my chief business was the sale of muslin warps, sized
+and ready for the loom (being the first who sold cotton twist in that
+state, chiefly to Mr. Oldknow, the father of the muslin trade in our
+country). Some warps I sent to Glasgow and Paisley. I also manufactured
+a few muslins myself, and had a warehouse in Manchester for my general
+business.
+
+ * * * * *
+
+At Midsummer, 1801, on taking[322] stock very accurately we[323] found
+we had upwards of £11,000 in our concern; I had also a landed estate in
+Mellor, in which was comprehended Podmore, where my father was born,
+with a rent roll, and good tenants of upwards of £350 per annum, charged
+with about £1,800 on mortgage. Mr. Ross's father was a merchant and
+magistrate in Montrose, and rich, and, my partner being an only son,
+could at any time lend us a few thousands, which he afterwards did to
+the amount of £6,000, including the £2,500 paid down on the formation of
+our partnership. With this real capital--an unlimited credit (£5,000
+with our bankers amongst the rest), an excellent trade, and every
+prospect of its continuing so for a time, we came to the conclusion of
+purchasing the premises in the Hillgate, from Mr. Oldknow and Mr.
+Arkwright, then standing empty, which I never should have thought of for
+a moment, but from what had passed at the Castle Inn, for the sole
+purpose of filling them with looms, etc., on some new plan, and just so
+much spinning machinery as would supply the looms with weft. But beyond
+the common warping, sizing, weaving, etc., all was a chaos before me;
+yet so confident was I, that with such assistance as I could call in, we
+should succeed, that before I began I laid a trifling wager with my
+partner, that in two years from the time I commenced, I produced 500
+pieces of 7-8ths and 9-8ths printing cambrics, all wove in the building
+in one week by some new process, which I won easily. And as the price
+for weaving alone when we began was 17s. per piece, and had never been
+below 16s. at any time, we thought we were justified in what we were
+doing, even if little improvement could be found. And if the goods made
+abroad from the annually increasing export of twist, and their
+prohibitions of our goods in consequence, had not gradually reduced this
+price of weaving from 17s. (with a profit of 10 to 20 per cent. to the
+master), to 4s. to the weaver (and no profit to the master!), we should
+have been handsomely rewarded by our trade. But to return from this
+digression, we concluded our contract about Michaelmas with Messrs.
+Oldknow and Arkwright, for the premises above mentioned; and I brought
+my family to Stockport in the latter end of December, 1801. I must here
+observe that we had at that time a large concern in Mellor, that with
+its various branches for putting out work, employing upwards of 1000
+weavers, widely spread over the borders of three counties, in a vast
+variety of plain and fancy goods, all of which had been raised (like a
+gathering snowball) from a single spindle, or single loom by myself, and
+was then upon such a system as apparently might go on without my
+personal attention.
+
+ * * * * *
+
+I shut myself up (as it were) in the mill on the 2nd January, 1802,[324]
+and with joiners, turners, filers, etc., etc., set to work; my first
+step was some looms in the common way in every respect, which I knew
+would produce the cloth so much wanted, and in some degree cover our
+weekly expenses.
+
+Before the end of the month I began to divide the labour of the weavers,
+employing one room to dress the whole web, in a small frame for the
+purpose, ready for the looms in another room, so that the young weaver
+had nothing to learn but to weave; and we found this a great
+improvement, for besides the advantage of learning a young weaver in a
+few days, we found that by weaving the web as it were back again, the
+weft was driven up by the reed the way the brushes had laid the fibres
+down with the paste, so that we could make good cloth in the upper rooms
+with the dressed yarn quite dry, which could not be done in the old way
+of dressing, when the weft was drove up against the points of the
+fibres, which shewed us the reason why all weavers are obliged to work
+in damp cellars, and must weave up their dressing, about a yard long,
+before the yarn becomes dry, or it spoils.
+
+This accomplished, I told my men I must have some motion attached to
+either traddles or the lathe, by machinery, that would take up the cloth
+as it was wove, so that the shed might always be of the same
+dimensions, and of course the blow of the lathe always moving the same
+distance, would make the cloth more even than could possibly be done in
+the old way, except by very skilful and careful weavers.
+
+This motion to the loom being at length accomplished to our
+satisfaction, I set Johnson to plan for the warping and dressing,
+suggesting several ideas myself. His uncommon genius led him to propose
+many things to me, but I pointed out objections to them all, and set him
+to work again. His mind was so teased with difficulties, that he began
+to relieve it by drinking for several days together (to which he was too
+much addicted) but for this I never upbraided him, or deducted his wages
+for the time, knowing that we were approaching our object; at length we
+brought out the present plan, only that the undressed yarn was all on
+one side, and the brush to be applied was first by hand, then by a
+cylinder, and lastly the crank motion.
+
+ * * * * *
+
+The partnership being thus dissolved,[325] I proceeded in my business
+with a double prospect of success; first, by the real business I was
+doing weekly, of 6 to 700 pieces per week, of printing cambrics, mostly
+woven in the factory, and the other part in weaving-families in the
+neighbourhood, on the small looms I had furnished to them, delivering
+them dressed warps on the beam, and pin-cops for the weft. This system
+had now become practicable, and was so greatly approved of by the
+weavers, that, had I weathered the calm, which soon after came upon my
+credit, I might, in a short time, have had all my looms in the dwellings
+of the operative weavers on the plan I had been driving at from the
+first, and from the superior advantage of machine dressing. The evenness
+produced by this mode of preparation, and the working in my loom, not
+only rendered these goods of ready sale, but gave me a weekly profit of
+90l. to 100l., which, along with the second branch of income that formed
+my double prospect, viz., the premiums of licenses under patent rights
+beginning to pour in from the first houses in the trade, to the amount
+of 1,500l., in the eight months from the first of July, 1806, to March,
+1807, when my vessel became quite becalmed.
+
+ * * * * *
+
+In the year 1770,[326] the land in our township was occupied by between
+fifty to sixty farmers; rents, to the best of my recollection, did not
+exceed 10s. per statute acre, and out of these fifty or sixty farmers,
+there were only six or seven who raised their rents directly from the
+produce of their farms; all the rest got their rent partly in some
+branch of trade, such as spinning and weaving woollen, linen, or cotton.
+The cottagers were employed entirely in this manner, except for a few
+weeks in the harvest. Being one of those cottagers, and intimately
+acquainted with all the rest, as well as every farmer, I am the better
+able to relate particularly how the change from the old system of
+hand-labour to the new one of machinery operated in raising the price of
+land in the subdivision I am speaking of. Cottage rents at that time,
+with convenient loomshop and a small garden attached, were from one and
+a half to two guineas per annum. The father of a family would earn from
+eight shillings to half a guinea at his loom, and his sons, if he had
+one, two, or three alongside of him, six or eight shillings each per
+week; but the great sheet anchor of all cottages and small farms was the
+labour attached to the hand-wheel, and when it is considered that it
+required six to eight hands to prepare and spin yarn, of any of the
+three materials I have mentioned, sufficient for the consumption of one
+weaver,--this shews clearly the inexhaustible source there was for
+labour for every person from the age of seven to eighty years (who
+retained their sight and could move their hands) to earn their bread,
+say one to three shillings per week, without going to the parish.
+
+ * * * * *
+
+From the year 1770 to 1788[327] a complete change had gradually been
+effected in the spinning of yarns. That of wool had disappeared
+altogether, and that of linen was also nearly gone; cotton, cotton,
+cotton, was become the almost universal material for employment. The
+hand-wheels, with the exception of one establishment, were all thrown
+into lumber-rooms, the yarn was all spun on common jennies, the carding
+for all numbers, up to 40 hanks in the pound, was done on carding
+engines; but the finer numbers of 60 to 80 were still carded by hand, it
+being a general opinion at that time that machine-carding would never
+answer for fine numbers. In weaving no great alteration had taken place
+during these eighteen years, save the introduction of the fly-shuttle, a
+change in the woollen looms to fustians and calico, and the linen
+nearly gone, except the few fabrics in which there was a mixture of
+cotton. To the best of my recollection there was no increase of looms
+during this period,--but rather a decrease.
+
+I shall confine myself to the families in my own neighbourhood.[328]
+These families, up to the time I have been speaking of, whether as
+cottagers or small farmers, had supported themselves by the different
+occupations I have mentioned in spinning and manufacturing, as their
+progenitors from the earliest institutions of society had done before
+them. But the mule-twist now coming into vogue, for the warp, as well as
+weft, added to the water-twist and common jenny yarns, with an
+increasing demand for every fabric the loom could produce, put all hands
+in request of every age and description. The fabrics made from wool or
+linen vanished, while the old loomshops being insufficient, every
+lumber-room, even old barns, cart-houses, and outbuildings of any
+description were repaired, windows broke through the old blank walls,
+and all fitted up for loomshops. This source of making room being at
+length exhausted, new weavers' cottages with loomshops rose up in every
+direction; all immediately filled, and when in full work the weekly
+circulation of money, as the price of labour only, rose to five times
+the amount ever before experienced in this subdivision, every family
+bringing home weekly 40, 60, 80, 100, or even 120 shillings per week!!!
+
+[Footnote 322: _Ibid._ pp. 15-16.]
+
+[Footnote 323: Radcliffe and his partner Ross.]
+
+[Footnote 324: _Ibid._ pp. 20-21.]
+
+[Footnote 325: _Ibid._ p. 41.]
+
+[Footnote 326: _Ibid._ pp. 59-60.]
+
+[Footnote 327: _Ibid._ pp. 61-62.]
+
+[Footnote 328: _Ibid._ p. 65.]
+
+
+13. EVIDENCE BY FACTORY WORKERS OF THE CONDITION OF CHILDREN [_Report of
+Committee on Factory Children's Labour_, 1831-2 (_XV_), _p._ 192,
+_etc._], 1832.
+
+_Evidence of Samuel Coulson._
+
+5047. At what time in the morning, in the brisk time, did those girls go
+to the mills?
+
+In the brisk time, for about six weeks, they have gone at 3 o'clock in
+the morning, and ended at 10, or nearly half past at night.
+
+5049. What intervals were allowed for rest or refreshment during those
+nineteen hours of labour?
+
+Breakfast a quarter of an hour, and dinner half an hour, and drinking a
+quarter of an hour.
+
+5051. Was any of that time taken up in cleaning the machinery?
+
+They generally had to do what they call dry down; sometimes this took
+the whole of the time at breakfast or drinking, and they were to get
+their dinner or breakfast as they could; if not, it was brought home.
+
+5054. Had you not great difficulty in awakening your children to this
+excessive labour?
+
+Yes, in the early time we had them to take up asleep and shake them,
+when we got them on the floor to dress them, before we could get them
+off to their work; but not so in the common hours.
+
+5056. Supposing they had been a little too late, what would have been
+the consequence during the long hours?
+
+They were quartered in the longest hours, the same as in the shortest
+time.
+
+5057. What do you mean by quartering?
+
+A quarter was taken off.
+
+5058. If they had been how much too late?
+
+Five minutes.
+
+5059. What was the length of time they could be in bed during those long
+hours?
+
+It was near 11 o'clock before we could get them into bed after getting a
+little victuals, and then at morning my mistress used to stop up all
+night, for fear that we could not get them ready for the time; sometimes
+we have gone to bed, and one of us generally awoke.
+
+5060. What time did you get them up in the morning?
+
+In general me or my mistress got up at 2 o'clock to dress them.
+
+5061. So that they had not above four hours' sleep at this time?
+
+No, they had not.
+
+5062. For how long together was it?
+
+About six weeks it held; it was only done when the throng was very much
+on; it was not often that.
+
+5063. The common hours of labour were from 6 in the morning till
+half-past eight at night?
+
+Yes.
+
+5064. With the same intervals for food?
+
+Yes, just the same.
+
+5065. Were the children excessively fatigued by this labour?
+
+Many times; we have cried often when we have given them the little
+victualling we had to give them; we had to shake them, and they have
+fallen to sleep with the victuals in their mouths many a time.
+
+5066. Had any of them any accident in consequence of this labour?
+
+Yes, my eldest daughter when she went first there; she had been about
+five weeks, and used to fettle the frames when they were running, and my
+eldest girl agreed with one of the others to fettle hers that time, that
+she would do her work; while she was learning more about the work, the
+overlooker came by and said, "Ann, what are you doing there?" she said,
+"I am doing it for my companion, in order that I may know more about
+it," he said, "Let go, drop it this minute," and the cog caught her
+forefinger nail, and screwed it off below the knuckle, and she was five
+weeks in Leeds Infirmary.
+
+5067. Has she lost that finger?
+
+It is cut off at the second joint.
+
+5068. Were her wages paid during that time?
+
+As soon as the accident happened the wages were totally stopped; indeed,
+I did not know which way to get her cured, and I do not know how it
+would have been cured but for the Infirmary.
+
+5069. Were the wages stopped at the half-day?
+
+She was stopped a quarter of a day; it was done about four o'clock.
+
+5072. Did this excessive term of labour occasion much cruelty also?
+
+Yes, with being so very much fatigued the strap was very frequently
+used.
+
+5073. Have any of your children been strapped?
+
+"Yes, every one; the eldest daughter; I was up in Lancashire a fortnight,
+and when I got home I saw her shoulders, and I said, "Ann, what is the
+matter?" she said, "The overlooker has strapped me; but," she said, "do
+not go to the overlooker, for if you do we shall lose our work"; I said
+I would not if she would tell me the truth as to what caused it. "Well,"
+she said, "I will tell you, father." She says, "I was fettling the
+waste, and the girl I had learning had got so perfect she could keep the
+side up till I could fettle the waste; the overlooker came round," and
+said, "What are you doing?" I said, "I am fettling while the other girl
+keeps the upper end up"; he said, "Drop it this minute;" she said, "No,
+I must go on with this"; and because she did not do it, he took a strap,
+and beat her between the shoulders. My wife was out at the time, and
+when she came in she said her back was beat nearly to a jelly; and the
+rest of the girls encouraged her to go to Mrs. Varley, and she went to
+her, and she rubbed it with a part of a glass of rum, and gave her an
+old silk handkerchief to cover the place with till it got well."
+
+5080. What was the wages in the short hours?
+
+Three shillings a week each.
+
+5081. When they wrought those very long hours what did they get?
+
+Three shillings and sevenpence halfpenny.
+
+5082. For all that additional labour they had only 7-1/2d. a week
+additional?
+
+No more.
+
+5083. Could you dispose of their wages, when they had received them, as
+you wished: did you understand that?
+
+They never said anything to me; but the children have said, "If we do
+not bring some little from the shop I am afraid we shall lose our work."
+And sometimes they used to bring a bit of sugar or some little oddment,
+generally of their own head.
+
+5084. That is, they were expected to lay out part of their wages under
+the truck system?
+
+Yes.
+
+5086. Had your children any opportunity of sitting during those long
+days of labour?
+
+No; they were in general, whether there was work for them to do or not,
+to move backwards and forwards till something came to their hands.
+
+5118. At the time they worked those long hours, would it have been in
+their power to work a shorter number of hours, taking the 3s.?
+
+They must either go on at the long hours, or else be turned off.
+
+_Evidence of Gillett Sharpe._[329]
+
+5484. Have you had any children, yourself, working at these mills?
+
+Yes.
+
+5488. What sort of mill did she go to?
+
+To a worsted manufactory; but it so happened with her that her
+stepmother dying, I took her away to manage the affairs of my house; she
+was very young to be sure, but she did what I had to do, except what I
+hired out, and she is very healthy and strong; but with regard to my
+boy, Edwin, he was a proverb for being active and straight before he
+went; there is a portion of ground of considerable extent, opposite to a
+building in our neighbourhood, and that boy would run seven times round
+that piece of ground, and come in without being much fatigued; but when
+he had gone to the mill some time, perhaps about three years, he began
+to be weak in his knees; and it went on to that degree, that he could
+scarcely walk; I had three steps up into my house, and I have seen that
+boy get hold of the sides of the door to assist his getting up into the
+house; many a one advised me to take him away; they said he would be
+ruined, and made quite a cripple; but I was a poor man, and could not
+afford to take him away, having a large family, six children, under my
+care; they are not all mine, but I have to act as a father to them; he
+still continued to go, but during the last six or seven months the
+factory has been short of work; they spin for commission; and it has so
+happened that they have worked less hours since last November than they
+formerly did, not being able to obtain so much work; and he is very much
+improved in that time with regard to the strength of his knees, and it
+has been observed by the neighbours that he grows a little, but he is
+bent in one knee.
+
+5492. Have you had any other children on whom this labour has had a
+similar effect?
+
+Yes, I have a daughter Barbara; she went to the mill between 7 and 8
+years of age; she was straight then, but, however, a few years back,
+about three years since, she fell weak and lame in one of her knees, and
+she was off her work in consequence; but, however, in a few weeks she
+got a little recovered and went to the mill again, and she has continued
+to go there ever since, and she has got very much bow-legged, the legs
+are bent outwards.
+
+_Evidence of Elizabeth Bentley._[330]
+
+5127. What age are you?
+
+Twenty-three.
+
+5128. Where do you live?
+
+At Leeds.
+
+5129. What time did you begin to work at a factory?
+
+When I was six years old.
+
+5130. At whose factory did you work?
+
+Mr. Busk's.
+
+5131. What kind of mill is it?
+
+Flax-mill.
+
+5132. What was your business in that mill?
+
+I was a little doffer.
+
+5133. What were your hours of labour in that mill?
+
+From 5 in the morning till 9 at night, when they were thronged.
+
+5134. For how long a time together have you worked that excessive length
+of time?
+
+For about half a year.
+
+5214. You are considerably deformed in your person in consequence of
+this labour?
+
+Yes, I am.
+
+5215. At what time did it come on?
+
+I was about 13 years old when it began coming, and it has got worse
+since; it is five years since my mother died, and my mother was never
+able to get me a pair of good stays to hold me up, and when my mother
+died I had to do for myself, and got me a pair.
+
+5216. Were you perfectly straight and healthy before you worked at a
+mill?
+
+Yes, I was as straight a little girl as ever went up and down town.
+
+5217. Were you straight till you were 13?
+
+Yes, I was.
+
+5218. Have you been attended to by any medical gentleman at Leeds or the
+neighbourhood?
+
+Yes, I have been under Mr. Hares.
+
+5219. To what did he attribute it?
+
+He said it was owing to hard labour, and working in the factories.
+
+_Evidence of Mr. Charles Stewart._[331]
+
+8094. Does that length of standing and of exertion tend to deform the
+limbs of the children so employed?
+
+Yes, that is my opinion; I took an examination of those that were
+employed under me in that flat.
+
+8095. In which of Mr. Boyack's mills are you employed?
+
+In a tow-mill.
+
+8097. The New Ward Mill, is it?
+
+Yes; there are fifty hands in the room altogether, old and young; and I
+found that out of that fifty there were nine who had entered the mill
+before they were nine years of age, who are now above thirteen years of
+age.
+
+8098. Having been at that employment then, four years?
+
+Yes; and out of those nine, there were six who were splayfooted, and
+three who were not; the three who were not splayfooted were worse upon
+their legs than those who were; and one was most remarkably bow-legged;
+she informed me she was perfectly straight before she entered the mills.
+
+8099. What was that girl's name?
+
+Margaret Webster.
+
+8100. You say she was remarkably bow-legged, was it very observable?
+
+Very observable; I can hardly describe the woman's deformity, from the
+way in which she walks; but I have passed by, and thought that I was far
+from her, and have got on her shins as I was going past her.
+
+8103. Have you made any other examination?
+
+I have examined those who had not entered the mills till after twelve
+years of age, and found that out of fifty there were fourteen of this
+class; two of them were splayfooted, and one with her ankle a little
+wrong; the others were all perfectly straight.
+
+[Footnote 329: _Ibid._ p. 209, Numbers 5484, 5488, 5492.]
+
+[Footnote 330: _Ibid._ p. 195, Numbers 5127-5219.]
+
+[Footnote 331: _Ibid._ p. 353, Numbers 8094-8103.]
+
+
+14.--WOMEN'S AND CHILDREN'S LABOUR IN MINES [_Children's Employment
+Commission, Mines_, 1842 (_XV_), _p._ 24, _etc._], 1842.
+
+Sex: Employment of Girls and Women in Coal Mines. Districts in which
+Girls and Women are Employed Underground.
+
+119. In England, exclusive of Wales, it is only in some of the colliery
+districts of Yorkshire and Lancashire that female children of tender age
+and young and adult women are allowed to descend into the coal mines and
+regularly to perform the same kinds of underground work, and to work
+for the same numbers of hours, as boys and men; but in the East of
+Scotland their employment in the pits is general; and in South Wales it
+is not uncommon.
+
+120. West Riding of Yorkshire: Southern Part.--In many of the collieries
+in this district, as far as relates to the underground employment, there
+is no distinction of sex, but the labour is distributed indifferently
+among both sexes, excepting that it is comparatively rare for the women
+to hew or get the coals, although there are numerous instances in which
+they regularly perform even this work. In great numbers of the coal-pits
+in this district the men work in a state of perfect nakedness, and are
+in this state assisted in their labour by females of all ages, from
+girls of six years old to women of twenty-one, these females being
+themselves quite naked down to the waist.
+
+121. "Girls," says the Sub-Commissioner, "regularly perform all the
+various offices of trapping, hurrying, filling, riddling, tipping, and
+occasionally getting, just as they are performed by boys. One of the
+most disgusting sights I have ever seen was that of young females,
+dressed like boys in trousers, crawling on all fours, with belts round
+their waists and chains passing between their legs, at day pits at
+Hunshelf Bank, and in many small pits near Holmfrith and New Mills: it
+exists also in several other places. I visited the Hunshelf Colliery on
+the 18th of January: it is a day pit; that is there is no shaft or
+descent; the gate or entrance is at the side of a bank, and nearly
+horizontal. The gate was not more than a yard high, and in some places
+not above two feet. When I arrived at the board or workings of the pit I
+found at one of the side-boards down a narrow passage a girl of fourteen
+years of age, in boy's clothes, picking down the coal with the regular
+pick used by the men. She was half sitting, half lying, at her work, and
+said she found it tired her very much, and of course she didn't like
+it. The place where she was at work was not two feet high. Further on
+were men at work lying on their sides and getting. No less than six
+girls out of eighteen men and children are employed in this pit. Whilst
+I was in the pit the Rev. Mr. Bruce, of Wadsley, and the Rev. Mr.
+Nelson, of Rotherham, who accompanied me, and remained outside, saw
+another girl of ten years of age, also dressed in boy's clothes, who
+was employed in hurrying, and these gentlemen saw her at work. She was a
+nice-looking little child, but of course as black as a tinker, and with
+a little necklace round her throat."
+
+_Conclusions._[332]
+
+From the whole of the evidence which has been collected, and of which we
+have thus endeavoured to give a digest, we find--
+
+In regard to Coal Mines--
+
+1. That instances occur in which children are taken into these mines to
+work as early as four years of age, sometimes at five, and between five
+and six, not unfrequently between six and seven, and often from seven to
+eight, while from eight to nine is the ordinary age at which employment
+in these mines commences.
+
+2. That a very large proportion of the persons employed in carrying on
+the work of these mines is under thirteen years of age; and a still
+larger proportion between thirteen and eighteen.
+
+3. That in several districts female children begin to work in these
+mines at the same early ages as the males.
+
+7. That the nature of the employment which is assigned to the youngest
+children, generally that of "trapping," requires that they should be in
+the pit as soon as the work of the day commences, and, according to the
+present system, that they should not leave the pit before the work of
+the day is at an end.
+
+8. That although this employment scarcely deserves the name of labour,
+yet, as the children engaged in it are commonly excluded from light and
+are always without companions, it would, were it not for the passing and
+re-passing of the coal carriages, amount to solitary confinement of the
+worst order.
+
+9. That in those districts in which the seams of coal are so thick that
+horses go direct to the workings, or in which the side passages from the
+workings to the horseways are not of any great length, the lights in the
+main ways render the situation of these children comparatively less
+cheerless, dull, and stupefying; but that in some districts they remain
+in solitude and darkness during the whole time they are in the pit,
+and, according to their own account, many of them never see the light
+of day for weeks together during the greater part of the winter season,
+excepting on those days in the week when work is not going on, and on
+the Sundays.
+
+10. That at different ages, from six years old and upwards, the hard
+work of pushing and dragging the carriages of coal from the workings to
+the main ways, or to the foot of the shaft, begins; a labour which all
+classes of witnesses concur in stating requires the unremitting exertion
+of all the physical power which the young workers possess.
+
+11. That, in the districts in which females are taken down into the coal
+mines, both sexes are employed together in precisely the same kind of
+labour, and work for the same number of hours; that the girls and boys,
+and the young men and young women, and even married women and women with
+child, commonly work almost naked, and the men, in many mines, quite
+naked; and that all classes of witnesses bear testimony to the
+demoralizing influence of the employment of females underground.
+
+13. That when the workpeople are in full employment, the regular hours
+of work for children and young persons are rarely less than eleven; more
+often they are twelve; in some districts they are thirteen; and in one
+district they are generally fourteen and upwards.
+
+14. That in the great majority of these mines night-work is a part of
+the ordinary system of labour, more or less regularly carried on
+according to the demand for coals, and one which the whole body of
+evidence shows to act most injuriously both on the physical and moral
+condition of the workpeople, and more especially on that of the children
+and young persons.
+
+
+15. DESCRIPTION OF THE CONDITION OF MANCHESTER BY JOHN ROBERTSON,
+SURGEON [_Report of Committee on Health of Towns_, 1840 (_XI_), _pp._
+221-222, _App. II_], 1840.
+
+Until twelve years ago there was no paving and sewering Act in any of
+the townships; even in the township of Manchester, containing in the
+year 1831 upwards of 142,000 inhabitants, this was the case; and the
+disgraceful condition of the streets and sewers on the invasion of the
+cholera you have no doubt learned from Dr. Kay's able and valuable
+pamphlet.[333] At the present time the paving of the streets proceeds
+rapidly in every direction, and great attention is given to the drains.
+Upon the whole, it is gratifying to bear testimony to the zeal of the
+authorities in carrying on the salutary improvements, especially when it
+is known that no street can be paved and sewered without the consent of
+the owners of property, unless a certain large proportion of the land on
+either side is built upon. Owing to this cause several important streets
+remain to this hour disgraceful nuisances.
+
+Manchester has no Building Act, and hence, with the exception of certain
+central streets, over which the Police Act gives the Commissioners
+power, each proprietor builds as he pleases. New cottages, with or
+without cellars, huddled together row behind row, may be seen springing
+up in many parts, but especially in the township of Manchester, where
+the land is higher in price than the land for cottage sites in other
+townships is. With such proceedings as these the authorities cannot
+interfere. A cottage row may be badly drained, the streets may be full
+of pits, brimful of stagnant water, the receptacle of dead cats and
+dogs, yet no one may find fault. The number of cellar residences, you
+have probably learned from the papers published by the Manchester
+Statistical Society, is very great in all quarters of the town; and even
+in Hulme, a large portion of which consists of cottages recently
+erected, the same practice is continued. That it is an evil must be
+obvious on the slightest consideration, for how can a hole underground
+of from 12 to 15 feet square admit of ventilation so as to fit it for a
+human habitation?
+
+We have no authorised inspector of dwellings and streets. If an epidemic
+disease were to invade, as happened in 1832, the authorities would
+probably order inspection, as they did on that occasion, but it would be
+merely by general permission, not of right.
+
+So long as this and other great manufacturing towns were multiplying and
+extending their branches of manufacture and were prosperous, every fresh
+addition of operatives found employment, good wages, and plenty of food;
+and so long as the families of working people are well fed, it is
+certain they maintain their health in a surprising manner, even in
+cellars and other close dwellings. Now, however, the case is different.
+Food is dear, labour scarce, and wages in many branches very low;
+consequently, as might be expected, disease and death are making unusual
+havoc. In the years 1833, 1834, 1835, and 1836 (years of prosperity),
+the number of fever cases admitted into the Manchester House of Recovery
+amounted only to 1,685, or 421 per annum; while in the two pinching
+years, 1838 and 1839, the number admitted was 2,414, or 1,207 per annum.
+It is in such a depressed state of the manufacturing districts as at
+present exists that unpaved and badly sewered streets, narrow alleys,
+close, unventilated courts and cellars, exhibit their malign influence
+in augmenting the sufferings which that greatest of all physical evils,
+want of sufficient food, inflicts on young and old in large towns, but
+especially on the young.
+
+Manchester has no public park or other grounds where the population can
+walk and breathe the fresh air. New streets are rapidly extending in
+every direction, and so great already is the expanse of the town, that
+those who live in the more populous quarters can seldom hope to see the
+green face of nature.... In this respect Manchester is disgracefully
+defective; more so, perhaps, than any other town in the empire. Every
+advantage of this nature has been sacrificed to the getting of money in
+the shape of ground-rents.
+
+[Footnote 332: _Ibid._ p. 255, etc.]
+
+[Footnote 333: J.P. Kay. _Moral and Physical Condition of the Working
+Classes in Manchester_, 1832.]
+
+
+
+
+SECTION II
+
+AGRICULTURE AND ENCLOSURE
+
+ 1. Enclosure Proceedings in the Court of Chancery, 1671--2. Advice to
+ the Stewards of Estates, 1731--3. Procedure for Enclosure by Private
+ Act, 1766--4. Farming in Norfolk, 1771--5. A Petition against
+ Enclosure, 1797--6. Extracts on Enclosure from the Surveys of the
+ Board of Agriculture, 1798-1809--7. Arthur Young's Criticism of
+ Enclosure, 1801--8. Enclosure Consolidating Act, 1801--9. General
+ Enclosure Act, 1845.
+
+
+Progress in methods of agriculture (No. 4) and the movement towards
+enclosure and consolidation (Nos. 1-3 and 5-9) are the subjects
+illustrated in this section. Great advances were made in the science and
+practice of farming between the end of the Commonwealth and the repeal
+of the Corn Laws. But the controversial subject of enclosure overshadows
+everything else. And, as is shown by the extract from Arthur Young's
+account of the famous Norfolk farming, agricultural progress was closely
+connected with enclosure and consolidation (No. 4). Specimens are given
+of two stages of enclosure proceedings (No. 1 and No. 3), which suggest
+that voluntary agreements ratified in Chancery gradually merged in
+enclosure by Act, compulsory upon a dissatisfied minority. The Awards,
+on which the justice or injustice of the settlement would in some degree
+depend, are generally too long for quotation. But the General Act of
+1801 (No. 8) was an attempt to codify the best existing practice, and
+gives a general view of the practice of the best Commissioners.
+
+A mass of controversial literature on both sides deals with the reasons
+and effects of the enclosures. The advantages, from the point of view of
+a large landowner, are set out in a text book for land stewards (No. 2).
+The reverse side, as it appeared to the small holder, is given in a
+petition, which was fruitless, against the enclosure of a
+Northamptonshire village (No. 5). Arthur Young's criticism of the way in
+which the process was carried out is of great importance, because he had
+been the most strenuous advocate of enclosing and because he had had
+unrivalled opportunities of judging the change, both as an independent
+traveller and as secretary of the Board of Agriculture (No. 7). The best
+printed material for an independent judgment is to be found in the
+surveys made by this, a semi-official Society of Agriculture, whose
+agents, with easily recognisable degrees of impartiality, describe the
+objects, methods and results of the enclosing movement in different
+counties. Extracts are given from their reports (No. 6), together with
+the first real reform of procedure, made when the nineteenth century was
+far advanced, so as to safeguard the interests of the peasantry (No. 9).
+
+
+AUTHORITIES
+
+ The most important modern books on the subject are:--Hammond, _The
+ Village Labourer_; Gonner, _Common Land and Inclosure_; Prothero,
+ _English Farming Past and Present_; Hasbach, _The English
+ Agricultural Labourer_; Levy, _Large and Small Holdings_; Johnson,
+ _The Disappearance of the Small Landowner_; Slater, _The English
+ Peasantry and the Enclosure of the Common Fields_; Ashby, _One
+ Hundred Years of Poor Law Administration in a Warwickshire village_
+ in _Oxford Studies in Social and Legal History_, Vol. III; Leonard in
+ _Transactions of the Royal Historical Society_, 3rd Series, Vol. XIX.
+
+ Bibliographies in Hasbach, Hammond, Levy, and Cunningham, _English
+ Industry and Commerce, Modern Times_, Part II.
+
+ _Contemporary_ (1).--Records of late seventeenth century enclosures
+ may be found in Chancery Enrolled Decrees, and Enclosures Awards in
+ Proceedings in Chancery (Public Record Office, and some copies in
+ Durham Court of Chancery). Eighteenth century material includes
+ petitions in Journals of the House of Commons; proceedings in
+ Parliament, ditto; Awards, in custody of Clerks of the Peace and of
+ County Councils--a Return of Commons (Inclosure Awards) to the House
+ of Commons, 1904, shows where they are to be found. There are reports
+ of Committees on Cultivation of Waste, etc., 1795 (IX), ditto, 1797
+ (IX), ditto, 1800 (IX); on Inclosure, 1844 (V), on Allotments, 1843
+ (VII).
+
+ _Contemporary_ (2) _Literary Authorities_.--The best descriptions of
+ agriculture are to be found in Arthur Young's various Tours (1768-71)
+ in The Annals of Agriculture (1784-1815), and in the Reports made to
+ the Board of Agriculture; Reports on individual counties (partial
+ list in Hasbach's bibliography), a General Report (1808), and Reviews
+ of Reports for different sections of the country (by William
+ Marshall, 1808-17). Cobbett's Rural Rides are more literary and
+ political and less official (1830). For agricultural progress, see J.
+ Tull, The New Horse-hoeing Husbandry (1731), and Young _passim_; for
+ the legal aspect, The Law of Commons (1698); for contemporary
+ opinion, D. Davies, The Case of Labourers in Husbandry (1795), Young,
+ An Enquiry into the Propriety of Applying Wastes, etc. (1802), and a
+ long list of pamphlets (bibliography in Hasbach).
+
+
+1. ENCLOSURE PROCEEDINGS IN THE COURT OF CHANCERY [_Entry Book on the
+Division of Commons, etc., in the Durham Court of Chancery, Book M, No._
+482, 1671-1676 (_Original in Public Record Office_)], 1671.
+
+_Division of the Town Fields of Bishop Auckland_, October, 1671
+
+Forasmuch as heretofore by order and decree of this Court bearing date
+the fifteenth day of September last past, made between the parties above
+named, for the reasons then appearing to this Court it was then ordered
+and decreed by the consent of all the said parties ... that all the
+lands and grounds lying and being in the three common fields called the
+Hitherfield, Midlefield and Fairfield lying at Bishop Auckland, therein
+mentioned should ... be forthwith measured and divided according to the
+agreements and consents of the said parties, ... and also that every of
+the said parties should have his and their particular shares, parts, and
+proportions therein particularly allotted and set forth in severalty
+unto him and them, to be by them respectively hedged, fenced, enclosed
+and enjoyed in severalty for ever thenafter for the better husbandry and
+improvement thereof.... And now upon the motion of Mr. William Brabart
+... alleging that since the making of the said decree several of the
+parties thereunto, perceiving that some of the defendants, formerly
+being the chief opposers of the said intended division, have obtained
+their shares in the premisses to be in such part thereof as themselves
+desired, their said parts being small and inconsiderable, they have
+therefore of late descended from their shares and parts of the premisses
+formerly by them desired or consented unto and do now endeavour to have
+their proportionate parts to lie in other parts and places of the
+premisses, to the great decay, hindrance, and obstruction of the said
+division, notwithstanding their former consents thereunto. It was
+therefore humbly prayed by the said Counsel that a Commission might be
+awarded out of this Court to indifferent Commissioners ... as well for
+the hearing of all the said objections ... as also to view and divide
+all the said premisses and to appoint and set forth to every of the said
+parties their proportionable parts therein.
+
+[_August, 1672, Decree of the Court._]
+
+Forasmuch as ... every owner's share hath been duly set out ... and yet
+nevertheless one of the said defendants hath endeavoured to obstruct the
+said division ... it is therefore now thought fit and so ordered by the
+Right Honourable Sir Francis Goodriche Knight, Chancellor of the County
+of Durham and Sadberge, that the Award ... shall stand absolutely
+confirmed and decreed unless good cause be shown to the contrary at the
+next sitting at Durham.
+
+
+2. ADVICE TO THE STEWARDS OF ESTATES [_Edward Lawrence, The Duty and
+Office of a Land Steward, 3rd Ed._, 1731, _pp._ 25, 26, _and_ 39], 1731.
+
+A Steward should not forget to make the best enquiry into the
+disposition of any of the freeholders within or near any of his Lord's
+manors to sell their lands, that he may use his best endeavours to
+purchase them at as reasonable a price, as may be for his Lord's
+advantage and convenience--especially in such manors, where improvements
+are to be made by inclosing commons and common-field; which (as every
+one, who is acquainted with the late improvement in agriculture, must
+know) is not a little advantageous to the nation in general, as well as
+highly profitable to the undertaker. If the freeholders cannot all be
+persuaded to sell, yet at least an agreement for inclosing should be
+pushed forward by the steward, and a scheme laid, wherein it may appear
+that an exact and proportional share will be allotted to every
+proprietor; persuading them first, if possible, to sign a form of
+agreement, and then to choose commissioners on both sides.
+
+If the Steward be a man of good sense, he will find a necessity for
+making a use of it all, in rooting out superstition from amongst them,
+as what is so great a hindrance to all noble improvements? The
+substance of what is proper for the proprietors to sign before an
+inclosure is to be made, may be conceived in some such form as
+followeth.
+
+"Whereas it is found, by long experience, that common or open fields,
+wherever they are suffered or continued, are great hindrances to a
+public good, and the honest improvement which every one might make of
+his own, by diligence and a seasonable charge: and, whereas the common
+objections hitherto raised against inclosures are founded on mistakes,
+as if inclosures contributed either to hurt or ruin the poor; whilst it
+is plain that (when an enclosure is once resolved on) the poor will be
+employed for many years, in planting and preserving the hedges, and
+afterwards will be set to work both in the tillage and pasture, wherein
+they may get an honest livelihood: And whereas all or most of the
+inconveniences and misfortunes which usually attend the open wastes and
+common fields have been fatally experienced at----, to the great
+discouragement of industry and good husbandry in the freeholders, viz.,
+that the poor take their advantage to pilfer, and steal, and trespass;
+that the corn is subject to be spoiled by cattle, that stray out of the
+commons and highways adjacent; that the tenants or owners, if they would
+secure the fruits of their labours to themselves, are obliged either to
+keep exact time in sowing and reaping or else to be subject to the
+damage and inconvenience that must attend the lazy practices of those
+who sow unseasonably, suffering their corn to stand to the beginning of
+winter, thereby hindering the whole parish from eating the herbage of
+the common field till the frosts have spoiled the most of it," etc.,
+etc.
+
+ * * * * *
+
+To conclude this article upon commons,[334] I would advise all noblemen
+and gentlemen, whose tenants hold their lands by Copy of Court Roll for
+three lives, not to let them renew, except they will agree to deliver up
+their Copy, in order to alter the tenure by converting it to leasehold
+on lives. This method will put a stop to that unreasonable custom of the
+widow holding a life by her free-bench, which is a fourth life, not
+covenanted for in the Copy, but only pretended to by custom; which
+deprives the lord of an undoubted right of making the best, and doing
+what he will with his own.
+
+[Footnote 334: p. 39.]
+
+
+3. PROCEDURE FOR ENCLOSURE BY PRIVATE ACT, _January &c._, 1766 [_Commons
+Journals, Vol._ XXX, 1765-6, _p. 459, etc._], 1766.
+
+A Petition of Stephen Croft, the Younger, Esquire, Lord of the manor of
+Stillington, in the county of York, and owner of several estates, within
+the said manor and parish of Stillington, and also Improprietor of the
+Great Tithes there; of the Reverend James Worsley, Clerk, Prebandary of
+the Prebend of Stillington aforesaid, patron of the Vicarage of
+Stillington aforesaid, of the Reverend Lawrence Sterne, Clerk, Vicar of
+the said parish,[335] and of William Stainforth, Esquire, and of several
+other persons, whose names are thereunto subscribed, being also owners
+of copyhold messuages, cottages, estates, and other properties, within
+the said parish; was presented to the House and read; setting forth,
+that, within the said manor and parish, is a common, or waste, called
+Stillington Common, and also open fields and ings,[336] which, in their
+present situation, are incapable of improvement; and that it would be of
+great advantage to the several persons interested in the said common,
+fields and ings, if they were enclosed and divided into specific
+allotments, and all rights of common and average thereon, or upon any
+other commonable lands in the said parish, were extinguished, or if the
+said common was so inclosed, and a power given to the several
+proprietors and owners of estates in the said fields and ings, to flat
+and inclose the same, first making satisfaction to the improprietor upon
+the tithes thereof; and after the flatting and inclosing the same, all
+right of common, or average, was to cease; and therefore praying, that
+leave may be given to bring in a Bill for the purposes aforesaid, or any
+of them, in such manner, and under such regulations, as the House shall
+deem meet.
+
+Ordered, That leave be given to bring in a Bill pursuant to the prayer
+of the said petition: and that Mr. Cholmley, Sir George Savile, and Sir
+Joseph Mawbey, do prepare and bring in the same.
+
+[_February 3._--Bill presented to the House and read a first time.]
+
+_February 10, 1766._[337] A Bill for inclosing and dividing the common
+waste grounds, open fields, open meadows, grounds, and ings, within the
+parish of Stillington, in the county of York, was read a second time.
+
+Resolved, That the Bill be committed to Mr. Cholmley, Mr. Fonereau, Sir
+John Taines [etc., etc.]; and all the members who serve for the counties
+of York, Nottingham, Northumberland, and Durham: and they are to meet
+this afternoon, at five of the clock, in the Speaker's Chamber.
+
+_February 27._[338] Mr. Cholmley reported from the Committee, to whom
+the Bill for inclosing and dividing the common waste grounds [etc.]
+within the parish of Stillington, in the county of York, was committed.
+That the Committee had examined the allegations of the Bill; and found
+the same to be true; and that the parties concerned had given their
+consent to the Bill, to the satisfaction of the Committee, except the
+proprietors of sixty acres of land in the said fields and ings, who
+refused their consent to the inclosure, and the proprietors of twenty
+seven acres of land, who were not at home when application was made for
+their consents; and that the whole of the said fields and ings contain
+six hundred acres or thereabouts; and also, except the proprietors of
+eight common rights, who refused to consent, and the proprietors of
+seven common rights, who were from home when application was made for
+their consents; and that the whole number of common rights are
+eighty-nine; and that no person appeared before the Committee to oppose
+the Bill; and that the Committee had gone through the Bill, and made
+several amendments thereunto; which they had directed him to report to
+the House; and he read the report in his place; and afterwards delivered
+the Bill, with the amendments, in at the Clerk's Table; where the
+amendments were once read throughout; and then a second time, one by
+one; and, upon the Question severally put thereon, were agreed to by the
+House; and several amendments were made, by the House, to the Bill.
+Ordered, that the Bill, with the amendments be ingrossed.
+
+[_March 3._ The Bill read a third time and passed. Sent to the House of
+Lords.
+
+_March 18._ Reported that the Lords agreed to the Bill without
+amendment.
+
+The King's Assent given to the Bill.]
+
+[Footnote 335: Author of _Tristram Shandy_.]
+
+[Footnote 336: _i.e._ Meadows.]
+
+[Footnote 337: _Ibid._ p. 522.]
+
+[Footnote 338: _Ibid._ p. 610.]
+
+
+4. FARMING IN NORFOLK [_A. Young, The Farmer's Tour_, 1771, _Vol. II,
+Letter XIV, pp._ 150, 156, 161], 1771.
+
+As I shall presently leave Norfolk it will not be improper to give a
+slight review of the husbandry which has rendered the name of this
+county so famous in the farming world. Pointing out the practices which
+have succeeded so nobly here, may perhaps be of some use to other
+countries possessed of the same advantages, but unknowing in the art to
+use them.
+
+From forty to fifty years ago, all the northern and western, and a part
+of the eastern tracts of the county, were sheep walks, let so low as
+from 6d. to 1s. 6d. and 2s. an acre. Much of it was in this condition
+only thirty years ago. The great improvements have been made by means of
+the following circumstances.
+
+First. By inclosing without the assistance of parliament.
+
+Second. By a spirited use of marl and clay.
+
+Third. By the introduction of an excellent course of crops.
+
+Fourth. By the culture of turnips well hand-hoed.
+
+Fifth. By the culture of clover and ray-grass.
+
+Sixth. By landlords granting long leases.
+
+Seventh. By the country being divided chiefly into large farms.
+
+ * * * * *
+
+_The Course of Crops._[339]
+
+After the best managed inclosure, and the most spirited conduct in
+marling, still the whole success of the undertaking depends on this
+point: No fortune will be made in Norfolk by farming, unless a judicious
+course of crops be pursued. That which has been chiefly adopted by the
+Norfolk farmers is,
+
+ 1. Turnips.
+ 2. Barley.
+ 3. Clover: or clover and ray-grass.
+ 4. Wheat.
+
+ * * * * *
+
+_Large Farms._[340]
+
+If the preceding articles are properly reviewed, it will at once be
+apparent that no small farmers could effect such great things as have
+been done in Norfolk. Inclosing, marling, and keeping a flock of sheep
+large enough for folding, belong absolutely and exclusively to great
+farmers.... Nor should it be forgotten that the best husbandry in
+Norfolk is that of the largest farmers.... Great farms have been the
+soul of the Norfolk culture: split them into tenures of an hundred
+pounds a year, you will find nothing but beggars and weeds in the whole
+county.
+
+[Footnote 339: _Ibid._ p. 156.]
+
+[Footnote 340: _Ibid._ p. 161.]
+
+
+5. A PETITION AGAINST ENCLOSURE [_Commons Journals_[341] _July 19,
+1797_], 1797.
+
+A Petition of the hereunder-signed small Proprietors of Land and Persons
+entitled to Rights of Common [at Raunds, Northamptonshire].
+
+That the petitioners beg leave to represent to the House that, under the
+pretence of improving lands in the same parish, the cottagers and other
+persons entitled to right of common on the lands intended to be
+enclosed, will be deprived of an inestimable privilege, which they now
+enjoy, of turning a certain number of their cows, calves, and sheep, on
+and over the said lands; a privilege that enables them not only to
+maintain themselves and their families in the depth of winter, when they
+cannot, even for their money, obtain from the occupiers of other lands
+the smallest portion of milk or whey for such necessary purpose, but in
+addition to this, they can now supply the grazier with young or lean
+stock at a reasonable price, to fatten and bring to market at a more
+moderate rate for general consumption, which they conceive to be the
+most rational and effectual way of establishing public plenty and
+cheapness of provision; and they further conceive, that a more ruinous
+effect of this enclosure will be the almost total depopulation of their
+town, now filled with bold and hardy husbandmen, from among whom, and
+the inhabitants of other open parishes, the nation has hitherto derived
+its greatest strength and glory, in the supply of its fleets and armies,
+and driving them, from necessity and want of employ, in vast crowds,
+into manufacturing towns, where the very nature of their employment,
+over the loom or the forge, soon may waste their strength, and
+consequently debilitate their posterity, and by imperceptible degrees
+obliterate that great principle of obedience to the Laws of God and
+their country, which forms the character of the simple and artless
+villagers, more equally distributed through the open counties, and on
+which so much depends the good order and government of the state. These
+are some of the injuries to themselves as individuals, and of the ill
+consequences to the public, which the petitioners conceive will follow
+from this, as they have already done from many enclosures, but which
+they did not think they were entitled to lay before the House (the
+constitutional patron and protector of the poor) until it unhappily came
+to their own lot to be exposed to them through the Bill now pending.
+
+[Footnote 341: Quoted Hammond, _The Village Labourer_, pp. 39-40.]
+
+
+6. EXTRACTS ON ENCLOSURE FROM THE SURVEYS OF THE BOARD OF AGRICULTURE,
+1798-1809.
+
+_Somersetshire_ [_J. Billingsley, Somerset_, 1798, _pp._ 48-50 _and_
+52].
+
+Let us begin with taking a view of the objections which have been
+started to this species of improvement, and see if we cannot prove them
+to be for the most part either false or frivolous.
+
+1st. Invasion of the rights and interest of the cottagers.
+
+ * * * * *
+
+The foremost of these objections carries with it the appearance of a
+humane attention to the comfort of the poor; but a brief investigation
+will lessen its influence, if not totally refute it.
+
+There are but two modes of enclosing commons. First, by unanimous
+consent of the parties claiming rights, who delegate power to
+commissioners, chosen by themselves, to ascertain their validity, and
+divide them accordingly, under covenants and agreements properly drawn
+and executed for the purpose. Or secondly, by act of parliament obtained
+by the petition of a certain proportion of the commoners, both in number
+and value, whereby a minority, sanctioned only by ignorance, prejudice,
+or selfishness, is precluded from defeating the ends of private
+advantage and public utility.
+
+In point of economy, the first of these methods is most eligible, as it
+saves the expense of an act of parliament, with an equal security to
+the proprietors. But it is seldom practised unless in commons on a small
+scale, from the difficulty of procuring the consent of every individual
+claimant, without which it cannot be accomplished.
+
+In either of these methods, it is manifest that the right of the
+cottager cannot be invaded; since with respect to legal or equitable
+construction, he stands precisely on the same ground with his more
+opulent neighbours; and as to his interest, I can truly declare that, in
+all cases which have fallen within my observation, inclosures have
+meliorated his condition, by exciting a spirit of activity and industry,
+whereby habits of sloth have been by degrees overcome, and supineness
+and inactivity have been exchanged for vigour and exertion.
+
+ * * * * *
+
+Besides, moral effects of an injurious tendency accrue to the cottager
+from a reliance on the imaginary benefits of stocking a common. The
+possession of a cow or two, with a hog, and a few geese, naturally
+exalts the peasant, in his own conception, above his brothers in the
+same rank of society. It inspires some degree of confidence in a
+property, inadequate to his support. In sauntering after his cattle, he
+acquires a habit of indolence. Quarter, half, and occasionally whole
+days are imperceptibly lost. Day labour becomes disgusting; the aversion
+increases by indulgence; and at length the sale of a half-fed calf, or
+hog, furnishes the means of adding intemperance to idleness. The sale of
+the cow frequently succeeds, and its wretched and disappointed
+possessor, unwilling to resume the daily and regular course of labour,
+from whence he drew his former subsistence, by various modes of artifice
+and imposition, exacts from the poor's rate the relief to which he is in
+no degree entitled.
+
+_Lincolnshire_ [_Arthur Young, Lincoln_, 1799, _pp._ 85-6].
+
+[Evidence of Elmhurst, a Commissioner under Enclosure Act.]
+
+Another observation I at the first made, and ever after put in practice,
+was this, always to begin to line out and allot for the smallest
+proprietors first (whether rich or poor) in every parish, so as to make
+such allotment as proper and convenient for the occupation of such, or
+their tenant (as that might be) to occupy; and so on, from the smallest
+to the greatest: for it is for the advantage of the greatest and most
+opulent proprietors that a bill is presented and act passed; and at
+their requests, and not the small ones; and, as the little ones would
+have no weight by opposition, they must submit, was it ever so
+disadvantageous to them; as it very often happens; and, therefore, there
+can be no partiality in defending those who cannot help or defend
+themselves; and a little man may as well have nothing allotted to him,
+as to have it so far off, or so inconvenient for him, that it is not
+worth his having, as it would prevent his going to his daily labour;
+and, therefore, he must sell his property to his rich and opulent
+adjoining neighbours; and that, in some measure, decreases population.
+
+_Norfolk_ [_Young, Norfolk_, 1804, _pp_. 82, 86, 94, 135, 156]. _Bintrey
+and Twiford._[342] Enclosed 1795.
+
+Poor. There were 20, acres allotted for fuel, let by the parish. There
+were 46 commonable rights; the whole divided according to value; very
+few little proprietors; but small occupiers suffered.
+
+_Brancaster._[343] Enclosed 1755.
+
+Poor. Very well off; Barrow-hills, a common of 65 acres, allotted to
+them; and each dwelling-house has a right to keep the two cows or
+heifers; or a mare and foal; or two horses; and also to cut furze.
+
+_Cranworth_, _Remieston_, _Southborough_.[344] Enclosed 1796.
+
+Poor. They kept geese on the common, of which they are deprived. But in
+fuel they are benefited; an allotment not to exceed 1/20 let, and the
+rent applied in coals for all not occupying above 5l. a year: this is to
+the advantage of those at Southborough, having enough allowed for their
+consumption; at Cranworth the poor are more numerous, and the coals of
+little use.
+
+_Ludham._[345]
+
+The commons were enclosed in 1801: all cottagers that claimed had
+allotments; and one for fuel to the whole; but the cottages did not
+belong to the poor; the allotments in general went to the larger
+proprietors, and the poor consequently were left, in this respect,
+destitute; many cows were kept before, few now. All the poor very much
+against the measure.
+
+_Sayham and Ovington._[346] Enclosed 1800.
+
+Poor.--An allotment of not less than 50l. a year, for distributing to
+the poor in coals, was ordered by the act; it let for 98l. There were
+100 commonable right houses. They used to sell a cottage of 3l. a year,
+with a right, for 80l. For each, four acres were allotted: and the
+cottage with this allotment would now sell for 160l. And what is very
+remarkable, every man who proved to the Commissioners that they had been
+in the habit of keeping stock on the common, was considered as
+possessing a common-right and had an allotment in lieu of it. Nor was it
+an unpopular measure, for there were only two men against it from the
+first to the last.
+
+_Gloucestershire_ [_Thomas Rudge, Gloucester_, 1807, _pp._ 92-93].
+
+In all Acts of Inclosure, it might perhaps be proper, as it would
+certainly be equitable, to relieve the pressure which weighs on small
+proprietors, in a degree not proportioned to the advantages they derive
+from them: for it should be remembered, that the expence of fencing a
+small allotment is considerable greater than that of a larger one,
+according to the quantity; that is, a square piece of land containing
+ten acres will cost half as much as forty, though only of one-fourth
+value. This disproportion occasions much reluctance in the class of
+proprietors before-mentioned; and though it is frequently overcome by
+the superior influence of the great landholders, yet the injustice of it
+cannot but strike the considerate mind with conviction.[347]
+
+_Leicestershire_ [_William Pitt, Leicester_, 1809, _pp._ 15,16 _and_
+166].
+
+The enclosure of this vale[348] has not at all, I believe, hitherto
+lessened the number of its inhabitants, as the farms are small, and few
+changes of tenantry have taken place. The farmer and his family take a
+hand in the business, yet few can do without a male and female servant,
+and labourer, who may have a family: these with the necessary
+mechanics, blacksmith, wheelwright, tailor, weaver, etc., form a
+considerable population in each village, I should suppose about 10 or 12
+to every 100 acres.... As the tendency of the country is to pasture and
+feeding, the rejected occupier and his family must emigrate into towns,
+or elsewhere, for employ.
+
+The management of the Duke of Rutland's property has always been
+conducted in the most liberal and benevolent manner; yet I think the
+enclosure of a rich district, and converting it to grass, has a natural
+tendency to decrease the population of that district; less corn is
+certainly now raised in Belvoir than in its open state.
+
+Mr. Ainsworth complains that labourers have not in general sufficient
+gardens, nor even cottages, for want of which they are driven into
+towns; and that in many cases by enclosures the cottages have been
+suffered to go to decay, as the land would let for as much rent without
+them to the larger farmers, and by turning it to grass, fewer labourers'
+cottages are wanting.
+
+_Northamptonshire_ [_William Pitt, Northampton_, 1809, _p._ 70].
+
+From the observations I have made in this county, I have no doubt but,
+if the average produce of common fields be three quarters per acre, the
+same land will, after a little rest as grass, and the improvements to be
+effected by enclosure, produce, on an average, four quarters per acre;
+and I believe that the produce of every common field may be increased in
+a like proportion by enclosure and an improved cultivation.
+
+[Footnote 342: p. 82.]
+
+[Footnote 343: p. 86.]
+
+[Footnote 344: p. 94.]
+
+[Footnote 345: p. 135.]
+
+[Footnote 346: p. 156.]
+
+[Footnote 347: The expenses of enclosure of an average amount were
+calculated by the Board of Agriculture at 497l. for the Act, 259l. for
+the Survey, 344l. for the Commissioners, 550l. 7s. 6d. for fencing, etc.
+General Report on Enclosures, 1808.]
+
+[Footnote 348: Belvoir.]
+
+
+7. ARTHUR YOUNG'S CRITICISM OF ENCLOSURE [_Young, An Inquiry into the
+Propriety of Applying Wastes, etc._, 1801, _pp._ 13 _and_ 42], 1801.
+
+Go to an alehouse kitchen of an old enclosed country, and there you will
+see the origin of poverty and poor rates. For whom are they to be sober?
+For whom are they to save? (Such are their questions.) For the parish?
+If I am diligent, shall I have leave to build a cottage? If I am sober,
+shall I have land for a cow? If I am frugal, shall I have half an acre
+of potatoes? You offer no motives; you have nothing but a parish officer
+and a workhouse! Bring me another pot.
+
+ * * * * *
+
+Objection VIII. Wastes are as much property as my house.
+
+Will a farmer give up his right of commonage?
+
+I will not dispute their meaning[349]; but the poor look to facts, not
+meanings: and the fact is, that by nineteen enclosure bills in twenty
+they are injured, in some grossly injured. It may be said that
+commissioners are sworn to do justice. What is that to the people who
+suffer? It must be generally known that they suffer in their own
+opinions, and yet enclosures go on by commissioners, who dissipate the
+poor people's cows wherever they come, as well those kept legally as
+those which are not. What is it to the poor man to be told that the
+Houses of Parliament are extremely tender of property, while the father
+of the family is forced to sell his cow and his land because the one is
+not competent to the other; and being deprived of the only motive to
+industry, squanders the money, contracts bad habits, enlists for a
+soldier, and leaves the wife and children to the parish? If enclosures
+were beneficial to the poor, rates would not rise as in other parishes
+after an act to enclose. The poor in these parishes may say, and with
+truth, _Parliament may be tender of property_; _all I know is, I had a
+cow, and act of Parliament has taken it from me_. And thousands may make
+this speech with truth.
+
+
+8. ENCLOSURE CONSOLIDATING ACT [_Statutes, Geo. III, 109_], 1801.
+
+An Act for consolidating in one act certain provisions usually inserted
+in acts of inclosure; and for facilitating the mode of proving the
+several facts usually required on the passing of such acts.
+
+II. No commissioner shall be capable of being a purchaser of any part or
+parts of the lands, tenements, or hereditaments within any parish in
+which the lands and grounds intended to be inclosed are situate, either
+in his own name, or in the name or names of any person or persons, until
+five years after the date and execution of the award to be made by any
+such commissioner or commissioners.
+
+IV. And be it further enacted, that a true, exact, and particular
+survey, admeasurement, plan, and valuation, of all the lands and grounds
+to be divided, allotted, and inclosed by any such act, and also of all
+the messuages, cottages, orchards, gardens, homesteads, ancient inclosed
+lands and grounds, within any such parish or manor, shall be made and
+reduced in writing, by such commissioner or commissioners, or by such
+other person or persons as he or they shall nominate and appoint, as
+soon as conveniently may be, for the purposes of such act.
+
+VI. And be it further enacted, that all persons, and bodies corporate or
+politic, who shall have or claim any common or other right to or in any
+such lands so to be inclosed, shall deliver or cause to be delivered to
+such commissioner or commissioners, or one of them, at some one of such
+meetings as the said commissioner or commissioners shall appoint for the
+purpose (or within such further time, if any, as the said commissioner
+or commissioners shall for some special reason think proper to allow for
+that purpose) an account or schedule in writing, signed by them, or
+their respective husbands, guardians, trustees, committees, or agents,
+of such their respective rights or claims, and therein describe the
+lands and grounds, and the respective messuages, lands, tenements, and
+hereditaments, in respect whereof they shall respectively claim to be
+entitled to any and which of such rights in and upon the same or any
+part thereof, with the name or names of the person or persons then in
+the actual possession thereof, and the particular computed quantities of
+the same respectively, and of what nature and extent such right is, and
+also in what rights, and for what estates and interests, they claim the
+same respectively, distinguishing the freehold from the copyhold or
+leasehold; or on non-compliance therewith, every of them making default
+therein shall, as far only as respects any claim so neglected to be
+delivered, be totally barred and excluded of and from all right and
+title in or upon such lands so to be divided respectively, and of and
+from all benefit and advantage in or to any share or allotment thereof.
+
+[All objections must be delivered in writing to the commissioners before
+the meeting appointed to consider objections.]
+
+VII. Provided also, and be it further enacted, that nothing herein
+contained shall authorise such commissioner or commissioners to hear and
+determine any difference or dispute which may arise, touching the right
+or title to any lands, tenements, or hereditaments, but such
+commissioner or commissioners shall assign and set out the several
+allotments directed to be made unto the person or persons, who, at the
+time of the division and inclosure, shall have the actual seisin or
+possession of the lands, tenements, or hereditaments, in lieu or in
+right whereof such allotment shall be respectively made.
+
+[VIII. Commissioners, before making any allotments, to appoint public
+carriage roads, and prepare a map thereof to be deposited with their
+clerk, and give notice thereof, and appoint a meeting, at which, if any
+person shall object, the commissioners, with a justice of the division,
+shall determine the matter.]
+
+XII. And be it further enacted, that such commissioner or commissioners
+in making the several allotments directed by any such act, shall have
+due regard as well to the situation of the respective houses or
+homesteads of the proprietors, as to the quantity and quality of the
+lands and grounds to be allotted to them respectively, so far as may be
+consistent with the general convenience of the said proprietors; and
+that such commissioner or commissioners in making the said allotments
+shall have particular regard to the convenience of the owners or
+proprietors of the smallest estates in the lands and grounds directed to
+be allotted and exchanged.
+
+XIV. And be it further enacted, that the several shares of and in any
+lands or grounds shall, when so allotted, be and be taken to be in full
+bar of and satisfaction and compensation for their several and
+respective lands, grounds, rights of common, and all other rights; and
+that from and immediately after the making the said division and
+allotments, and the execution of the award, all rights whatsoever, by
+such act intended to be extinguished, belonging to or claimed by any
+person or persons whomsoever, bodies politic or corporate, in, over, or
+upon such lands or grounds, shall cease, determine, and be for ever
+extinguished.
+
+[XXIV and XXIX. If allotments are not enclosed and fenced within an
+appointed time the commissioners may have the work done and charge the
+expense to the proprietor or let the allotment and apply the rents till
+the expenses are paid. If it has been provided by an act that the
+expenses of obtaining and executing it are to be shared among the
+proprietors of allotments the commissioners may levy them by distress
+and sale of the goods of those who fail to pay at the appointed times.]
+
+XXXII. And be it further enacted, that in case it shall be provided by
+any such act, that the expenses attending the same shall be paid by sale
+of any part of the land so to be inclosed, the said commissioner or
+commissioners shall mark and set out such part or parts of the said
+waste or commonable lands, as in his or their opinion will by sale
+thereof raise a sum of money sufficient to pay and discharge all such
+charges and expenses as may by any such act be directed to be paid and
+discharged out of the same; and the said commissioner or commissioners
+shall sell such part or parts of the said lands to any person or persons
+for the best price or prices that can be gotten for the same.
+
+XXXV. And be it further enacted, that as soon as conveniently may be
+after the division and allotment of the said lands and grounds shall be
+finished, pursuant to the purport and directions of this or any such
+act, the said commissioner or commissioners shall form and draw up, or
+cause to be formed and drawn up, an award in writing, which shall
+express the quantity of acres, roods, and perches, in statute measure,
+contained in the said lands and grounds, and the quantity of each and
+every part and parcel thereof which shall be so allotted, assigned, or
+exchanged, and the situations and descriptions of the same respectively,
+and shall also contain a description of the roads, ways, footpaths,
+watercourses, watering places, quarries, bridges, fences, and land
+marks, set out and appointed by the said commissioner or commissioners
+respectively as aforesaid, and all such other rules, orders, agreements,
+regulations, directions, and determinations, as the said commissioner or
+commissioners shall think necessary, proper, or beneficial to the
+parties; which said award shall be fairly ingrossed or written on
+parchment, and shall be read and executed by the commissioner or
+commissioners, in the presence of the proprietors who may attend at a
+special general meeting called for that purpose, of which ten days'
+notice at least shall be given in some paper to be named in such act and
+circulating in the county, which execution of such award shall be
+proclaimed the next Sunday in the church of the parish in which such
+lands shall be, from the time of which proclamation only, and not
+before, such award shall be considered as complete.
+
+XL. And be it further enacted and declared that nothing in such act
+contained shall lessen, prejudice, or defeat the right, title, or
+interest of any lord or lady of any manor or lordship, or reputed manor
+or lordship, within the jurisdiction or limits whereof the lands and
+grounds thereby directed to be divided and allotted are situate, lying,
+and being of, in, or to the seigniories, rights, and royalties incident
+or belonging to such manor or lordship, or reputed manor or lordship, or
+to the lord or lady thereof, or to any person or persons claiming under
+him or her, but the same (other than and except the interest and other
+property as is or are meant or intended to be barred by such act) shall
+remain, in as full, ample, and beneficial manner, to all intents and
+purposes, as he or she might or ought to have held or enjoyed such
+rights before the passing of such act, or in case the same had never
+been made.
+
+[Footnote 349: _Ibid._ p. 42.]
+
+
+9. GENERAL ENCLOSURE ACT [_Statutes_, 8 _and_ 9 _Victoria_, 118], 1845.
+
+An act to facilitate the inclosure and improvement of commons and lands
+held in common, the exchange of lands, and the division of intermixed
+lands; to provide remedies for defective or incomplete executions, and
+for the non-execution of the powers of general and local inclosure acts;
+and to provide for the revival of such powers in certain cases.
+
+... Be it therefore enacted ... that it shall be lawful for one of her
+Majesty's principal secretaries of State to appoint any two fit persons
+to be commissioners under this act ... and the commissioners shall, with
+the first commissioner of her Majesty's woods, forests, land reserves,
+works and buildings for the time being, be the commissioners for
+carrying this act into execution.
+
+[Assistant commissioners may be appointed to whom powers may be
+delegated.
+
+Village greens may not be enclosed. Land near towns and land subject to
+unlimited rights of pasture, etc., may not be enclosed without special
+direction of parliament.]
+
+XXX. And be it enacted, that in the provisional order of the
+commissioners concerning the enclosures under the provisions of this
+act of any waste land of any manor on which the tenants of such manor
+have rights of common, or of any other land subject to rights of common
+which may be exercised all times of the year, and which shall not be
+limited by number or stints, it shall be lawful for the commissioners to
+require ... the appropriation of an allotment for the purpose of
+exercise and recreation for the inhabitants of the neighbourhood [10
+acres for a population of 10,000; 8 for 5,000 to 10,000, etc.]
+
+XXXI. [In similar cases the commissioners may order the appropriation of
+such an allotment for the labouring poor as the commissioners shall
+think necessary.]
+
+L. All encroachments and enclosures, other than enclosures duly
+authorised by the custom of the manor of which such land shall be parcel
+... within twenty years next before the first meeting for the
+examination of claims ... shall be deemed parcel of the land subject to
+be enclosed; provided always that in case ... it shall appear to the
+commissioners just or reasonable that rights or interests in the lands
+to be enclosed should be allowed to the persons in possession of such
+encroachments, it shall be lawful for the commissioners ... to direct
+what rights shall be allowed.
+
+[Encroachments of twenty years standing to be deemed old enclosures.]
+
+
+
+
+SECTION III
+
+GOVERNMENT REGULATION OF WAGES, CONDITIONS OF EMPLOYMENT, AND PUBLIC
+HEALTH
+
+ 1. An Act against Truck, 1701--2. A Wages Assessment at a
+ Warwickshire Quarter Sessions, 1738--3. Spitalfields Weavers Act,
+ 1773--4. A Middlesex Wages Assessment under the Spitalfields Act,
+ 1773--5. Agricultural Labourers' Proposals for a Sliding Scale of
+ Wages, 1795--6. Debates on Whitbread's Minimum Wage Bill, 1795-6--7.
+ Arbitration Act for the Cotton Industry, 1800--8. Amendment of the
+ Arbitration Act, 1804--9. The First Factory Act, 1802--9A. Minutes of
+ Committee on Children in Factories--10. Calico Printers' Petition for
+ Regulation, 1804--11. Report on Calico Printers' Petition, 1806--12.
+ Cotton Weavers' Petition against the Repeal of 5 Elizabeth c. 4,
+ 1813--13. Debates on the Regulation of Apprentices, 1813-1814--14.
+ Resolutions of the Watchmakers on Apprenticeship, 1817--15. Report of
+ Committee on the Ribbon Weavers, 1818--16. The Cotton Factory Act of
+ 1819--17. Oastler's First Letter on Yorkshire Slavery, 1830--18.
+ Factory Act, 1833--19. Proposals for a Wages Board for Hand-loom
+ Weavers, 1834--20. Coal Mines Regulation Act, 1842--21. Debate on
+ Factory Legislation, 1844--22. Factory Act, 1844--23. Recommendations
+ of the Commission on the Health of Towns, 1845.
+
+
+The eighteenth century was nearly a blank period in the history of
+direct regulation of industrial conditions by the State. There was no
+systematic intervention on the scale of Tudor or Victorian times; and
+political opinion hardened against the principle and destroyed the
+machinery which had been inherited from the sixteenth century. Such
+machinery, for the regulation of wages, was still occasionally used in
+the early part of the eighteenth century, as is shown by occasional
+examples of wages assessments at Quarter Sessions (No. 2). Acts were
+passed for individual trades forbidding the practice of paying wages in
+truck (No. 1). Local pressure even obtained a special Act providing for
+the regulation of London silk-weavers' wages (No. 3, No. 4). This
+Spitalfields Act was used as a precedent for the proposals to extend the
+policy of regulation, which began to fill the Journals of the House of
+Commons during the period when the new machinery and methods and the
+French wars dislocated employment and wages. Examples are given of
+petitions asking that wages should be regulated and that the limitation
+of apprentices should be enforced under the statute 5 Elizabeth c. 4, to
+which attention had been called (Nos. 10, 11, 12 and 14). Independent
+attempts were made to set up a minimum wage, directly and through
+wages-boards (Nos. 5, 6 and 19). All these applications ended in
+complete failure. Parliament provided a system of arbitration for the
+cotton industry (Nos. 7 and 8), but repealed both the wages and
+apprenticeship clauses of the Elizabethan Act. Contemporary opinion in
+Parliament relied on the working of free bargaining and economic forces
+(Debates on Whitbread's Bill and on Apprenticeship, Nos. 6 and 13).
+
+The history of Factory legislation (Nos. 9, 16, 17, 18, 20, 21, 22)
+shows how the policy of non-interference was abandoned in another field.
+The employment of children in the new factories was one result of the
+eighteenth century system of Poor relief. It produced horrors which the
+first Factory Act was designed to remedy (No. 9). But the use of
+steam-power and the growth of big industrial districts led to the
+wholesale employment of children not under the Poor Law. Public opinion
+was at last aroused by the campaigns of Oastler and others, who pointed
+to the contrast between the Anti-Slavery agitation and the conditions of
+the English mills (No. 17). The successive Acts of 1819, 1833, 1842 and
+1844 (Nos. 16, 18, 20, 22) show how legislators were forced to extend
+the principle of regulation from children to young persons and women,
+and from cotton mills to other textile factories and to mines. In the
+debate on the Act of 1844 the respective points of view of the Tory
+philanthropist, the political economist, and the manufacturer, were
+dramatically contrasted (No. 21). The last extract is from one of a
+series of reports on the condition of great industrial towns (No. 23),
+by which Chadwick, a disciple of Bentham and a champion of the new
+Poor-law, forced Parliament to interfere in the economic control of town
+life.
+
+
+AUTHORITIES
+
+ For modern writers on general conditions, see Authorities for Section
+ I. The history of agitation for Factory legislation is to be found in
+ Hutchins and Harrison, _History of Factory Legislation_; Von Plener
+ _Die Englische Fabrikgesetzgebung_; Alfred (S. Kydd), _The Factory
+ Movement_; Cooke Taylor, _The Factory System and the Factory Acts_;
+ Keeling, _Child Labour in the United Kingdom_, Part I. Details of the
+ agitation are given in Hodder, _Life of Shaftesbury_; Podmore, _Life
+ of Owen_; Hutchins, _The Public Health Agitation_; Greenwood, Richard
+ Oastler. A general view is given in Dicey, _Law and Opinion in
+ England_; Kirkman Gray, _Philanthropy and the State_; Held, _Zwei
+ Bücher zur Sozialen Geschichte Englands_.
+
+ Bibliographies are in Hutchins and Harrison, _op. cit._; Cunningham,
+ _op. cit._; and Cambridge Modern History, Vol. XII.
+
+ _Contemporary._--See Authorities for Section I. In addition, for
+ Wages Assessments under the Spitalfields Act in 1784 and 1795, see
+ collection in British Museum, 1029, p. 4. The Reports of Factory
+ Inspectors are valuable sources after 1833. See also Hansard
+ Parliamentary Debates on Wages, and Factory Legislation, 1795,
+ 1813-14, 1816, 1832-3, 1844, 1846.
+
+ The chief contemporary literary sources for general conditions are
+ given under Section I. The Factory legislation movement is described
+ by some of the actors: Owen, Observations on the Manufacturing
+ System; Oastler, Yorkshire Slavery, Life and Opinions, Letters from
+ the Fleet, etc.; Memoir of the Life and Writings of Michael Sadler;
+ Nassau Senior, Letters on the Factory Act; L. Horner, On the
+ Employment of Children in Factories.
+
+
+1. AN ACT AGAINST TRUCK [_Statutes_, 1 _Anne_ 2, 18], 1701.
+
+An act for the more effectual preventing the abuses and frauds of
+persons imployed in the working up the woollen, linen, fustian, cotton,
+and iron manufactures of this kingdom.
+
+ * * * * *
+
+III. And to prevent the oppression of the labourers and workmen imployed
+in the woollen, linen, fustian, cotton and iron manufacture, be it
+enacted by the authority aforesaid, That all payments and satisfactions
+hereafter to be made to any of the same labourers and workmen, for any
+work by them done in the same manufacture, shall be by the lawful coin
+of this realm, and not by any cloth, victuals, or commodities, in lieu
+thereof: and all wool delivered out to be wrought up, shall be so
+delivered, with declaration of the true weight thereof, on pain that
+every offender, in either of the said cases, shall forfeit and pay to
+such labourer or worker, double the value of what shall be due for such
+work by him, her, or them done; and if any such labourer or worker shall
+be guilty of any such fraud or default in the work by him, her, or them
+done, then such labourer or worker shall allow and answer to the owner
+of such work double the damages thereby sustained.
+
+[_Cf._ 12 Geo. I. c. 34, sec. iii.--"every clothier, sergemaker or
+woollen or worsted stuffmaker, or person concerned in making any woollen
+cloths, serges or stuffs, or any wise concerned in employing woolcombers
+weavers or other labourers in the woollen manufactory, shall ... pay
+unto all persons by them employed ... the full wages or other price
+agreed on in good and lawful money of this kingdom; and shall not pay
+the said wages ... or any part thereof, in goods or by way of truck."]
+
+2. A WAGES ASSESSMENT AT WARWICKSHIRE QUARTER SESSIONS [_Ashby_, _The
+Poor Law in a Warwickshire Village_ (_Oxford Studies in Social and Legal
+History_, _Vol. III_, _p._ 175)], 1738.
+
+The particular rate of wages of all manner of artificers, labourers, and
+servants, as well by the day with meat and drink as without, as also by
+the whole year in gross or by task, made and provided, having a special
+regard and consideration to the prices of provisions and all other
+circumstances necessary to be considered at this time. April, 1738.
+
+ £ s. d.
+ Every servant in husbandry by the year 5 10 0
+ Second servant 4 0 0
+ Servant boy from 14 to 18 years of age 2 10 0
+ Servant boy from 11 to 14 1 0 0
+ Every head servant maid by the year 3 0 0
+ Second maid servant 2 10 0
+ Labourers from Martinmas to March 25 by the day 0 0 8
+ From March 25 to harvest and after harvest to
+ Martinmas 0 0 9
+ Every mower of grass by the day, with drink 0 1 0
+ " without drink 0 1 2
+ Every woman in haymaking, with drink 0 0 5
+ " without drink 0 0 6
+ Every woman in corn harvest, with drink 0 0 6
+ " without drink 0 0 7
+ Every carpenter by the day, March 25 to St
+ Michael's, with drink 0 1 0
+ " without drink 0 1 2
+ From Michaelmas to Lady Day, with drink 0 0 10
+ " without drink 0 1 0
+ Every mason by the day in summer, with drink 0 0 10
+ " without drink 0 1 0
+ Every mason by the day in winter, with drink 0 0 10
+ " without drink 0 1 0
+ Thatcher by day, summer and winter 0 1 0
+ Weeders of corn by the day 0 0 4
+
+[This was still in force in 1773.]
+
+
+3. SPITALFIELDS WEAVERS ACT [_Statutes_, 13 _Geo. III_, 68], 1773.
+
+An Act to impower the magistrates therein mentioned to settle and
+regulate the wages of persons employed in the Silk Manufacture within
+their respective jurisdictions.
+
+Whereas it would be for the benefit of persons employed in the Silk
+Manufacture, if the magistrates were impowered to settle, between the
+master weavers and their journeymen, the price of labour in the several
+branches of the said manufacture; be it therefore enacted by the King's
+most excellent Majesty, by and with the advice and consent of the Lords
+spiritual and temporal, and Commons, in this present Parliament,
+assembled and by the authority of the same, that from and after the
+first day of July, one thousand seven hundred and seventy-three, the
+wages and prices for work of the journeymen weavers within the city of
+London shall be settled, regulated, and declared, by the Lord Mayor,
+Recorder and Aldermen, of the said city; and in all places in the county
+of Middlesex, by the Justices of the Peace for the said county; and in
+all places within the city and liberty of Westminster, at the General
+Quarter Sessions of the peace holden in and for the said city and
+liberty; and in all places within the liberty of the Tower of London, at
+the General Quarter Sessions of the Peace holden in and for the said
+liberty, at their General Quarter Sessions of the Peace respectively;
+and the Lord Mayor, Recorder and Aldermen of the city of London, and the
+said Justices of the Peace, are hereby respectively authorised and
+impowered, from time to time, upon application being made to them for
+that purpose, to settle, regulate, order, and declare the wages and
+prices of work of the journeymen weavers working within their respective
+jurisdictions as aforesaid; and shall and may, within the space of
+fourteen days next after the making every such order, cause the same to
+be printed and published, at the reasonable expense of the person or
+persons applying for the same, three times, in any two daily newspapers
+published in London or Westminster; which publication shall be deemed
+and allowed to be sufficient notice and publication thereof; and from
+and after publication thereof, all weavers, and their journeymen, are
+hereby strictly required to observe the same.
+
+And be it further enacted, that if after the said first day of July, one
+thousand seven hundred and seventy-three, any master weaver, within
+either of the aforesaid districts, shall give more or less wages, or pay
+larger or less prices, to any of the journeymen weavers aforesaid, for
+their work, than shall be settled or allowed as aforesaid, and shall be
+convicted of the said offences before any two of His Majesty's Justices
+of the Peace, within either of the districts or jurisdictions aforesaid
+where the said offence shall be committed, on the oath or oaths of one
+or more credible witness or witnesses, he shall forfeit the sum of fifty
+pounds; to be levied by distress and sale of the offender's goods; and
+the said penalty, when recovered, shall be paid into the hands of the
+Master of the Weavers' Company, first deducting the expense of such
+prosecution, to be distributed by him, in conjunction with the Wardens
+of the said company, to any distressed journeymen weavers or their
+families, who shall have been last employed in either of the aforesaid
+jurisdictions, at their discretion.
+
+And be it further enacted, that if any journeyman weaver or weavers
+within the districts aforesaid, shall ask, receive, or take more or less
+wages, or larger or less prices for their work than shall be settled by
+the respective quarter-sessions, as aforesaid; or shall enter into any
+combination to raise the wages or prices of the said work, or for this
+purpose shall decoy, solicit, or intimidate, any journeyman or
+journeymen weavers within the districts aforesaid, so that he or they
+quit their masters, for whom they shall then be employed; or shall
+assemble themselves in any numbers exceeding the number of ten, in order
+to frame or deliver petitions or other representations, touching their
+wages or prices of work, except to the said Justices of the Peace, or to
+the Lord Mayor, Recorder, and Aldermen of the city of London, at their
+respective Quarter Sessions, and shall be convicted of any of the said
+offences, on the oath or oaths of one or more credible witness or
+witnesses, before any two or more of His Majesty's Justices of the
+Peace, within either of the districts or jurisdictions aforesaid where
+the offence shall be committed, [he or they] shall forfeit a sum not
+exceeding forty shillings: And if the said forfeiture be not immediately
+paid, it shall and may be lawful for the said Justices to commit the
+said offender to the House of Correction, to hard labour, for any time
+not exceeding three months; the said forfeiture, when recovered, to be
+applied in the same manner as the forfeiture of fifty pounds
+afore-mentioned.
+
+And be it further enacted, that it shall and may be lawful for any two
+Justices of the Peace, within the limits and jurisdictions aforesaid, on
+information upon oath made before them by any person or persons
+whatsoever, that there is reason to suspect that any master or
+journeyman weaver, within the districts or jurisdictions aforesaid, hath
+been guilty of any of the offences aforesaid, at request of such
+informant, to issue their summons, in writing, signed by any such two
+Justices, requiring any clerk, foreman, apprentice, servant, or other
+person or persons employed or retained by such person so suspected to
+have offended, or any other person or persons whatsoever, whose
+attendance shall appear necessary for the purpose of giving evidence in
+the premises, to attend and testify concerning the premises: And if any
+person so summoned shall not attend, and proof shall be made of the
+service of such summons either personally or by leaving the same at the
+last or usual place of abode of such person, it shall be lawful for such
+two Justices, or any other two Justices of the Peace acting for such
+county or place, and they are hereby required (unless a reasonable
+excuse be made for such non-attendance to the satisfaction of such
+justices) to issue their warrant, under their hands and seals, for the
+apprehending and bringing him or her before them, or some other two or
+more Justices of the Peace acting for such county or place, to be
+examined touching the premises; and if any such person so attending or
+being brought before such Justices, shall refuse to be examined or give
+their testimony touching the premises, such person shall by the said
+justices be committed to the House of Correction for one month, there to
+remain, unless he or she shall sooner submit to be examined and give
+testimony as the law requires.
+
+And be it further enacted, that if any master weaver residing within the
+limits aforesaid, shall, directly or indirectly, in any manner
+whatsoever, retain or employ any journeyman weaver out of or beyond the
+limits aforesaid, with intent or design to elude or evade this act, or
+shall give, allow, or pay, or cause to be given, allowed, or paid, to
+such journeyman, any more or less wages than shall be settled, as
+aforesaid, every such person shall, for every such offence, forfeit
+fifty pounds; to be sued for by action of debt, in any of His Majesty's
+Courts of Record at Westminster, wherein no essoin, protection, or wager
+of law, or more than one imparlance, shall be allowed, and wherein the
+ordinary costs of the suit shall be paid; one moiety of which said
+forfeiture, when recovered, shall belong and be paid to His Majesty and
+His successors, and the other moiety to the person who shall sue for the
+same.
+
+Provided always, and be it further enacted, that nothing in this act
+contained shall extend, or be construed to extend, to fix, control, or
+regulate, the wages or allowances to be paid to servants in the said
+business of a weaver, _bona fide_ retained and employed as foreman.
+
+And be it further enacted by the authority aforesaid, that from and
+after the passing of this act, no person or persons, being silk weavers,
+residing within the districts aforesaid, shall have in his or their
+service at any one time more than two apprentices, upon pain of
+forfeiting for every offence the sum of twenty pounds; to be levied by
+distress and sale of the offender's goods and chattels, upon conviction,
+on the oath or oaths of one or more credible witness or witnesses,
+before two Justices of the Peace within either of the jurisdictions
+aforesaid where the said offence shall be committed, and the said
+penalty, when recovered, shall be paid into the hands of the Master of
+the Weavers' Company, to be applied by him, as aforesaid, and the said
+Justices are hereby authorised and required to discharge every such
+apprentice or apprentices exceeding the number of two.
+
+
+4. A MIDDLESEX WAGES ASSESSMENT UNDER THE SPITALFIELDS ACT [_Public
+Record Office_, _H.O._ 86, 26], 1773.
+
+Sir John Fielding presents his respects to the Earl of Suffolk and
+acquaints him that he had the pleasure yesterday of assisting at the
+general Quarter Sessions for the county of Middlesex to carry into
+execution the late Act of Parliament for the regulating of the wages of
+journeymen weavers in Spitalfields, etc., and the wages were then
+settled by a numerous and unanimous bench to the entire satisfaction of
+those masters and journeymen weavers who appeared there in behalf of
+their respective bodies, and I sincerely hope that this step will prove
+a radical cure for all tumultuous assemblies from that quarter so
+disrespectful to the King and so disagreeable to Government, as it will
+amply reward your Lordship's judicious attention to a matter so
+conducive to peace and good order, for by this statute your Lordship has
+conveyed contentment to the minds of thousands of his Majesty's
+subjects. The Act for the appointment of clergymen with proper salaries
+agreeable to my proposals was also carried into execution to attend the
+gaols, and this preventive step will, I am persuaded, be attended with
+very salutary effects; and as the important business of the sessions is
+over, I hope your Lordship will take the advantage of my Lord North's
+leisure to settle the affair regarding my general prevention plan which
+now lies before him for his Majesty's approbation.
+
+ I am, with unfeigned truth, my Lord,
+ Your Lordship's respectful and the public's faithful Servant.
+
+ Sir John Fielding,
+ 9th July, 1773.
+
+
+5. AGRICULTURAL LABOURERS' PROPOSALS FOR A SLIDING SCALE OF WAGES
+[_Annals of Agriculture, Vol. XXV, p. 503_[350]], 1795.
+
+At a numerous meeting of the day labourers of the little parishes of
+Heacham, Snettisham, and Sedgford, this day, 5th November, in the parish
+church of Heacham, in the county of Norfolk, in order to take into
+consideration the best and most peaceable mode of obtaining a redress of
+all the severe and peculiar hardships under which they have for many
+years so patiently suffered, the following resolutions were unanimously
+agreed to:--1st, That _the labourer is worthy of his hire_, and that the
+mode of lessening his distresses, as hath been lately the fashion, by
+selling him flour under the market price, and thereby rendering him an
+object of a parish rate, is not only an indecent insult on his lowly and
+humble situation (in itself sufficiently mortifying from his degrading
+dependence on the caprice of his employer) but a fallacious mode of
+relief, and every way inadequate to a radical redress of the manifold
+distresses of his calamitous state. 2nd, That the price of labour
+should, at all times, be proportioned to the price of wheat, which
+should invariably be regulated by the average price of that necessary
+article of life; and that the price of labour, as specified in the
+annexed plan, is not only well calculated to make the labourer happy
+without being injurious to the farmer, but it appears to us the only
+rational means of securing the permanent happiness of this valuable and
+useful class of men, and, if adopted in its full extent, will have an
+immediate and powerful effect in reducing, if it does not entirely
+annihilate, that disgraceful and enormous tax on the public--the Poor
+Rate.
+
+_Plan of the Prices of Labour Proportionate to the Price of Wheat._
+
+ per last. per day
+ When wheat shall be 14l. the price of labour shall be 1s. 2d.
+ " " " 16 " " " 1s. 4d.
+ " " " 18 " " " 1s. 6d.
+ " " " 20 " " " 1s. 8d.
+ " " " 22 " " " 1s. 10d.
+ " " " 24 " " " 2s. 0d.
+ " " " 26 " " " 2s. 2d.
+ When wheat shall be 28l. the price of labour shall be 2s. 4d.
+ " " " 30 " " " 2s. 6d.
+ " " " 32 " " " 2s. 8d.
+ " " " 34 " " " 2s. 10d.
+ " " " 36 " " " 3s. 0d.
+
+And so on, according to this proportion.
+
+3rd. That a petition to parliament to regulate the price of labour,
+conformable to the above plan, be immediately adopted; and that the day
+labourers throughout the county be invited to associate and co-operate
+in this necessary application to parliament, as a peaceable, legal, and
+probable mode of obtaining relief; and, in doing this, no time should be
+lost, as the petition must be presented before the 29th January, 1796.
+
+4th. That one shilling shall be paid into the hands of the treasurer by
+every labourer, in order to defray the expenses of advertising,
+attending on meetings, and paying counsel to support their petition in
+parliament.
+
+5th. That as soon as the sense of the day labourers of this county, or a
+majority of them, shall be made known to the clerk of the meeting, a
+general meeting shall be appointed, in some central town, in order to
+agree upon the best and easiest mode of getting the petition signed:
+when it will be requested that one labourer, properly instructed, may be
+deputed to represent two or three contiguous parishes, and to attend the
+above intended meeting with a list of all the labourers in the parishes
+he shall represent, and pay their respective subscriptions; and that the
+labourer, so deputed, shall be allowed two shillings and sixpence a day
+for his time, and two shillings and sixpence a day for his expenses.
+
+6th. That Adam Moore, clerk of the meeting, be directed to have the
+above resolutions, with the names of the farmers and labourers who have
+subscribed to and approved them, advertised in one Norwich and one
+London paper; when it is hoped that the above plan of a petition to
+parliament will not only be approved and immediately adopted by the day
+labourer of this county, but by the labourers of every county in the
+kingdom.
+
+7th. That all letters, _post paid_, addressed to Adam Moore, labourer,
+at Heacham, near Lynn, Norfolk, will be duly noticed.
+
+[Footnote 350: Quoted Hammond, _The Village Labourer_, pp. 137-9.]
+
+
+6. DEBATES ON WHITBREAD'S MINIMUM WAGE BILL [_Parliamentary History,
+Vol. XXXIII, cols. 700-15_], 1795-6.
+
+_Debate in the Commons on Mr. Whitbread's Bill to regulate the wages of
+Labourers in Husbandry. December 9._ Mr. Whitbread presented to the
+House a bill "to explain and amend so much of the act of the 5th of
+Elizabeth, intituled: 'An act containing divers orders for artificers,
+labourers, servants of husbandry and apprentices,'" as empowers justices
+of the peace, at, or within six weeks after, every general quarter
+sessions held at Easter, to regulate the wages of labourers in
+husbandry. The bill was read a first time. On the motion for the second
+reading, Mr. Whitbread said, that he had brought forward this bill under
+the idea that it was possible, by adopting its regulations, to give
+great relief to a very numerous and useful class of the community. The
+act of Elizabeth empowered justices of the peace to fix the maximum of
+labour. This bill went only to empower them to fix the minimum. However
+the House might decide with respect to his bill, he trusted at least
+that the act of Elizabeth would be repealed.
+
+_Mr. Fox_ said, that the bill was undoubtedly a bill of great delicacy
+and importance, and with respect to which, he admitted that, to a
+considerable extent, there might exist a rational difference of opinion.
+The act of Elizabeth, as his hon. friend had truly stated, empowered the
+justices to fix the highest price of labour, but it gave them no power
+to fix the lowest. It secured the master from a risk that could but
+seldom occur, of being charged exorbitantly for the quantity of service;
+but it did not authorise the magistrate to protect the poor from the
+injustice of a griping and avaricious employer, who might be disposed to
+take advantage of their necessities, and undervalue the rate of their
+service. If the price of labour was adequate to the support of the poor
+at ordinary times, though not equal to the accidental high price of
+provisions at the present moment, it might be contended that there was
+less necessity for any new legislative regulation. But, taking the
+average price of labour for some years past, including that period
+during which the scarcity had operated, no man could deny that the price
+of labour was greatly disproportionate to the rate of provisions. That
+the general price of labour should be adequate to the support of the
+general mass of the community was indisputably a right principle. They
+all knew that a very extensive tax was exacted from the country, under
+the denomination of poor-rates, and that such a tax must be continued.
+It was understood that to this fund none could apply, but those few to
+whom, from particular circumstances, their labour might not be
+sufficiently productive to secure an adequate support. But he feared
+that the reverse was the case; that the exception was with respect to
+the few who derived sufficient means of subsistence from their labour,
+and that the great mass of the labouring part of the community were
+under the necessity of applying to this fund for relief. If the House,
+as was proposed, were to form an association, in order to pledge
+themselves to use only a particular sort of bread, with a view to
+diminish the pressure of the scarcity, ought they not at the same time
+to form an association in order to raise the price of labour to a rate
+proportionate to the price of articles of subsistence? With this view,
+he called upon the House to consider the principle of the bill, and its
+provisions. He would call upon them also to attend to the subject, in a
+constitutional view, though he could not hope, from the complexion of
+recent transactions, that this was a view of the subject which would
+have great weight. It was not fitting in a free country that the great
+body of the people should depend upon the charity of the rich. In the
+election of members of Parliament, all those were strictly excluded from
+exercising any franchise, with a very few exceptions, who had at any
+time received relief from the parish. Was it becoming in a country like
+this, that the general mass of the labouring part of the community,
+excepting those who derived relief from the bounty and generosity of
+individuals, should be excluded from the exercise of their most
+important privilege as freemen! He admitted many of the rich to be
+humane and charitable; but he could not allow that those who were the
+most useful and industrious members of society should depend upon a fund
+so precarious and degrading, as the occasional supplies derived from
+their bounty. If the price of provisions had for two years been such as
+to put every poor man under the necessity of applying for the aid of
+parochial charity, and if that circumstance constituted a positive
+disqualification with respect to the exercise of a constitutional right,
+what, he asked, was the state of a country which first compelled every
+poor man to dependence, and then reduced him to servitude? If they were
+to go into associations, pledging themselves to use a particular sort of
+bread, with a view to alleviate the scarcity, it was surely of more
+importance that they should associate in order to redress the more
+material grievance, and strike at the fundamental source of the evil.
+With this view he should be glad to see an association in order to put
+the price of labour upon a footing adequate to the rate of provisions.
+If the regulations of the present bill should not be adopted, he should
+be happy that any other legislative enactments should be brought forward
+in order to afford relief and protection to the poor.
+
+The bill was ordered to be read a second time on the 3rd of February,
+and to be printed.
+
+_February 12th, 1796._ The order of the day being read for the second
+reading of the bill,
+
+_Mr. Whitbread_ said, that ample time had been given for members to
+consider maturely its object and regulations, and to collect from their
+constituents such information as they might require. For his own part,
+every inquiry he had instigated, convinced him of the necessity of
+remedying the grievances of the industrious poor by some legislative
+provisions. Whether those which he had suggested were the most proper to
+be adopted, was a question for the decision of the House? Having
+bestowed considerable pains in drawing up the bill, he might have left
+it for their consideration upon its merits alone, did not the novelty of
+the measure demand a few words in explanation. He felt as much as any
+man how greatly it was to be desired that there should be no legislative
+interference in matters of this nature, and that the price of labour,
+like every other commodity, should be left to find its own level. From
+reasonings upon the subject, the result was, that it always would find
+its level. But the deductions of reason were confuted by experience; for
+he appealed to the sense of the House, whether the situation of the
+labouring poor in this country was such as any feeling or liberal mind
+would wish? He did not mean that the wages of the labourer were
+inadequate for his subsistence and comfort in times of temporary
+scarcity, and unusual hardship; but even at the period preceding such
+distress, the evil had prevailed. In most parts of the country, the
+labourer had long been struggling with increasing misery, till the
+pressure had become almost too grievous to be endured, while the
+patience of the sufferers under their accumulated distresses had been
+conspicuous and exemplary. And did not such distress, supported with so
+much fortitude, merit relief from the legislature? Were it necessary to
+refer to any authority, he would quote the writings of Dr. Price, in
+which he showed that in the course of two centuries, the price of labour
+had not increased more than three or at most fourfold; whereas the price
+of meat had increased in the proportion of six or seven; and that of
+clothing, no less than fourteen or fifteen-fold in the same period. The
+poor-rates, too, had increased since the beginning of the century from
+£600,000, at which they were then estimated, to upwards of three
+millions. Nor was this prodigious increase in the poor rates to be
+ascribed to the advance of population; for it was doubtful whether any
+such increase had taken place. At the present period the contrary seemed
+to be the case. By the pressure of the times, marriage was discouraged;
+and among the laborious classes of the community, the birth of a child,
+instead of being hailed as a blessing, was considered as a curse. For
+this serious evil a remedy was required, and to this the bill was
+directed. It was his wish to rescue the labouring poor from a state of
+slavish dependence; to enable the husbandman, who dedicated his days to
+incessant toil, to feed, to clothe, and to lodge his family with some
+degree of comfort; to exempt the youth of the country from the necessity
+of entering the army or the navy, and from flocking to great towns for
+subsistence; and to put it in the power of him who ploughed and sowed
+and threshed the corn, to taste of the fruits of his industry, by giving
+him a right to a part of the produce of his labour. Such were the
+grounds upon which the bill in question was built. To those who dreaded
+everything that wore the aspect of innovation, and reprobated every
+measure that was new, he would say that here there was no departure from
+established precedents, no introduction of unknown principles. The
+statute of the 5th of Elizabeth was enacted expressly for the purpose of
+regulating the price of labour. This statute was acted upon for forty
+years, when it was afterwards amended by a subsequent one in the reign
+of James the 1st, bearing a similar title. He would not be understood as
+commending the principle of these statutes: on the contrary, he was of
+opinion that they operated as a clog to industry, by permitting justices
+to fix the maximum of labour. But so late as the 8th of his majesty,
+justices were empowered to regulate the wages of tailors, and even now
+the lord mayor and council of London control those of the silk weavers.
+To those who were afraid of entrusting justices with power, he should
+only say, that he left the power where he found it. At present they were
+possessed of the power to oppress the labourer; and this bill only
+invested them with the additional power to redress his grievances. By
+fixing the minimum of the wages of labour, a comfortable subsistence was
+secured to industry, and at the same time greater exertions were
+prompted by the hope of greater reward. To some, perhaps, the time of
+bringing this subject forward might appear exceptional. There were those
+who would say, if the labourers were not distressed, why agitate a
+question for which no necessity calls, and awaken desires which are not
+felt? Others would maintain, that it was unseasonable to direct the
+public attention to such a subject, while the pressure of distress might
+excite discontents, or raise improper expectations. To these he could
+only answer, that he was not one who could see wise and salutary
+measures sacrificed to the pretended inconvenience of the times; and
+that he was of opinion that what was proper to be done could scarcely be
+done out of season. He then moved, "that the bill be now read a second
+time."
+
+_Mr. Pitt_ said, that in the interval which had taken place since the
+first reading of the bill, he had paid considerable attention to the
+subject, and endeavoured to collect information from the best sources to
+which he had access. The evil was certainly of such a nature as to
+render it of importance to find out a proper remedy, but the nature of
+the remedy involved discussions of such a delicate and intricate nature,
+that none should be adopted without being maturely weighed. The present
+situation of the labouring poor in this country was certainly not such
+as could be wished, upon any principle, either of humanity, or policy.
+That class had of late been exposed to hardships which they all
+concurred in lamenting, and were equally actuated by a desire to remove.
+He would not argue how far the comparison of the state of the labourer,
+relieved as it had been by a display of beneficence never surpassed at
+any period, with the state of this class of the community in former
+times, was just, though he was convinced that the representations were
+exaggerated. At any rate, the comparisons were not accurate, because
+they did not embrace a comprehensive view of the relative situations. He
+gave the hon. gentleman ample credit for his good intentions in bringing
+the present bill into parliament, though he was afraid that its
+provisions were such as it would be impolitic, upon the whole, to adopt;
+and such as, if adopted, would be found to be inadequate to the purposes
+proposed. The authority of Dr. Price had been adduced to show the great
+advance that had taken place on every article of subsistence, compared
+with the slow increase of the wages of labour. But the statement of Dr.
+Price was erroneous, as he compared the earnings of the labourer at the
+period when the comparison is instituted, with the price of provisions,
+and the earnings of the labourer at the present day, with the price of
+the same articles, without adverting to the change of circumstances, and
+to the difference of provisions. Corn, which was then almost the only
+food of the labourer, was now supplied by cheaper substitutions, and it
+was unfair to conclude that the wages of labour were so far from keeping
+pace with the price of provisions, because they could no longer purchase
+the same quantity of an article for which the labourer had no longer the
+same demand. The simple question now to be considered was, whether the
+remedy for the evil, which was admitted to a certain extent to exist,
+was to be obtained by giving to the justices the power to regulate the
+price of labour, and by endeavouring to establish by authority, what
+would be much better accomplished by the unassisted operation of
+principles? It was unnecessary to argue the general expediency of any
+legislative interference, as the principles had been perfectly
+recognised by the hon. gentleman himself. The most celebrated writers
+upon political economy, and the experience of those states where arts
+had flourished the most, bore ample testimony of their truth. They had
+only to enquire, therefore, whether the present case was strong enough
+for the exception, and whether the means proposed were suited to the
+object intended? The hon. gentleman imagined that he had on his side of
+the question the support of experience in this country, and appealed to
+certain laws upon the statute-book, in confirmation of his proposition.
+He did not find himself called upon to defend the principle of these
+statutes, but they were certainly introduced for purposes widely
+different from the object of the present bill. They were enacted to
+guard the industry of the country from being checked by a general
+combination among labourers; and the bill now under consideration was
+introduced solely for the purpose of remedying the inconveniences which
+labourers sustain from the disproportion existing between the price of
+labour and the price of living. He had the satisfaction to hear the hon.
+gentleman acknowledge, that if the price of labour could be made to find
+its own level, it would be much more desirable than to assess it by
+arbitrary statute, which in the execution was liable to abuse on the one
+hand, and inefficacy on the other. If the remedy succeeded according to
+the most sanguine expectations, it only established what would have been
+better effected by principle; and if it failed, on the one hand it might
+produce the severest oppression, and on the other hand encourage the
+most profligate idleness and extravagance. Was it not better for the
+House, then, to consider the operation of general principles, and rely
+upon the effects of their unconfined exercise? Was it not wiser to
+reflect what remedy might be adopted, at once more general in its
+principles, and more comprehensive in its object, less exceptional in
+its example, and less dangerous in its application? They should look to
+the instances where interference had shackled industry, and where the
+best intentions have often produced the most pernicious effects. It was
+indeed the most absurd bigotry, in asserting the general principle, to
+exclude the exception; but trade, industry and barter would always find
+their own level, and be impeded by regulations which violated their
+natural operation, and deranged their proper effect. This being granted,
+he appealed to the judgment of the House, whether it was better to refer
+the matter entirely to the discretion of a magistrate, or to endeavour
+to find out the causes of the evil, and by removing the causes, to apply
+a remedy more justifiable in its principle, more easy in the execution,
+more effectual in its operations, in fine, more consonant to every sound
+and rational policy. The evil, in his opinion, originated in a great
+measure in the abuses which had crept into the poor-laws of this
+country, and the complicated mode of executing them. The poor-laws of
+this country, however wise in their original institution, had
+contributed to fetter the circulation of labour, and to substitute a
+system of abuses, in room of the evils which they humanely meant to
+redress, and by engrafting upon a defective plan defective remedies
+produced nothing but confusion and disorder. The laws of settlements
+prevented the workman from going to that market where he could dispose
+of his industry to the greatest advantage, and the capitalist from
+employing the person who was qualified to procure him the best returns
+for his advances. These laws had at once increased the burthens of the
+poor, and taken from the collective resources of the state to supply
+wants which their operation had occasioned, and to alleviate a poverty
+which they tended to perpetuate. Such were the institutions which
+misguided benevolence had introduced, and, with such warnings to deter,
+it would be wise to distrust a similar mode of conduct, and to endeavour
+to discover remedies of a different nature. The country had not yet
+experienced the full benefit of the laws that had already been passed to
+correct the errors which he had explained. From the attention he had
+bestowed upon the subject, and from the enquiries he had been able to
+make of others, he was disposed to think we had not yet gone far enough,
+and to entertain an opinion that many advantages might be derived, and
+much of the evil now complained of removed, by an extension of those
+reformations in the poor-laws which had been begun. The encouragement of
+friendly societies would contribute to alleviate that immense charge
+with which the public was loaded in the support of the poor, and provide
+by savings of industry for the comfort of distress. Now the parish
+officer could not remove the workman, merely because he apprehended he
+might be burthensome, but it was necessary that he should be actually
+chargeable. But from the pressure of a temporary distress might the
+industrious mechanic be transported from the place where his exertions
+could be useful to himself and his family, to a quarter where he would
+become a burthen without the capacity of even being able to provide for
+himself. To remedy such a great striking grievance, the laws of
+settlement ought to undergo a radical amendment. He conceived, that to
+promote the free circulation of labour, to remove the obstacles by which
+industry is prohibited from availing itself of its resources, would go
+far to remedy the evils, and diminish the necessity of applying for
+relief to the poor-rates. In the course of a few years, this freedom
+from the vexatious restraint which the laws imposed would supersede the
+object of their institutions. The advantages would be widely diffused,
+the wealth of the nation would be increased, the poor man rendered not
+only more comfortable, but more virtuous, and the weight of poor-rates,
+with which the landed interest is loaded, greatly diminished. He should
+wish, therefore, that an opportunity were given of restoring the
+original purity of the poor laws, and of removing those corruptions by
+which they had been obscured. He was convinced, that the evils which
+they had occasioned did not arise out of their original constitution,
+but coincided with the opinion of Blackstone, that, in proportion as the
+wise regulations that were established in the long and glorious reign of
+Queen Elizabeth, have been superseded by subsequent enactments, the
+utility of the institution has been impaired, and the benevolence of the
+plan rendered fruitless. While he thus had expressed those sentiments
+which the discussion naturally prompted, it might not, perhaps, be
+improper, on such an occasion, to lay before the House the ideas
+floating in his mind, though not digested with sufficient accuracy, nor
+arranged with a proper degree of clearness. Neither what the hon.
+gentleman proposed, nor what he himself had suggested, were remedies
+adequate to the evil it was intended to remove. Supposing, however, the
+two modes of remedying the evil were on a par in effect, the preference
+in principle was clearly due to that which was least arbitrary in its
+nature; but it was not difficult to perceive that the remedy proposed by
+the hon. gentleman would either be completely ineffectual, or such as
+far to over-reach its mark. As there was a difference in the numbers
+which compose the families of the labouring poor, it must necessarily
+require less to support a small family. Now by the regulations proposed,
+either the man with a small family would have too much wages, or the man
+with a large family, who had done most service to his country, would
+have too little. So that were the minimum fixed upon the standard of a
+large family, it might operate as encouragement to idleness on one part
+of the community; and if it were fixed on the standard of a small
+family, those would not enjoy the benefit of it for whose relief it was
+intended. What measure then could be found to supply the defect? Let us,
+said he, make relief in cases where there are a number of children, a
+matter of right and an honour, instead of a ground for opprobrium and
+contempt. This will make a large family a blessing, and not a curse; and
+this will draw a proper line of distinction between those who are able
+to provide for themselves by their labour, and those who, after having
+enriched their country with a number of children, have a claim upon its
+assistance for their support. All this, however, he would confess, was
+not enough, if they did not engraft upon it resolutions to discourage
+relief where it was not wanted. If such means could be practised as that
+of supplying the necessities of those who required assistance by giving
+it in labour or affording employment, which is the principle of the act
+of Elizabeth, the most important advantages would be gained. They would
+thus benefit those to whom they afforded relief, not only by the
+assistance bestowed, but by giving habits of industry and frugality,
+and, in furnishing a temporary bounty, enable them to make permanent
+provision for themselves. By giving effect to the operation of friendly
+societies, individuals would be rescued from becoming a burthen upon the
+public, and, if necessary, be enabled to subsist upon a fund which their
+own industry contributed to raise. These great points of granting relief
+according to the number of children, preventing removals at the caprice
+of the parish officer, and making them subscribe to friendly societies,
+would tend, in a very great degree, to remove every complaint to which
+the present partial remedy could be applied. Experience had already
+shown how much could be done by the industry of children and the
+advantages of early employing them in such branches of manufacture as
+they are capable to execute. The extension of schools of industry was
+also an object of material importance. If any one would take the trouble
+to compute the amount of all the earnings of the children who are
+already educated in this manner, he would be surprised, when he came to
+consider the weight which their support by their own labours took off
+the country, and the addition which, by the fruits of their toil, and
+the habits to which they were formed, was made to its internal opulence.
+The suggestion of these schools was originally drawn from Lord Hale and
+Mr. Locke, and upon such authority he had no difficulty in recommending
+the plan to the encouragement of the legislature. Much might be effected
+by a plan of this nature susceptible of constant improvement. Such a
+plan would convert the relief granted to the poor into an encouragement
+to industry, instead of being, as it is by the present poor laws, a
+premium to idleness and a school for sloth. There were also a number of
+subordinate circumstances to which it was necessary to attend. The law
+which prohibits giving relief where any visible property remains should
+be abolished. That degrading condition should be withdrawn. No temporary
+occasion should force a British subject to part with the last shilling
+of his little capital, and compel him to descend to a state of
+wretchedness from which he could never recover, merely that he might be
+entitled to a casual supply. Another mode also of materially assisting
+the industrious poor was, the advancing of small capitals, which might
+be repaid in two or three years, while the person who repaid it would
+probably have made an addition to his income. This might put him who
+received them in the way of acquiring what might place him in a
+situation to make permanent provision for himself. These were the
+general ideas which had occurred to him upon the subject; if they should
+be approved of by any gentleman in the House, they might perhaps appear
+at a future time in a more accurate shape than he could pretend to give
+them. He could not, however, let this opportunity slip without throwing
+them out. He was aware that they would require to be very maturely
+considered. He was aware also of a fundamental difficulty, that of
+insuring the diligent execution of any law that should be enacted. This
+could only be done by presenting to those who should be entrusted with
+the execution motives to emulation, and by a frequent inspection of
+their conduct as to diligence and fidelity. Were he to suggest an
+outline, it would be this. To provide some new mode of inspection by
+parishes, or by hundreds--to report to the magistrates at the petty
+sessions, with a liberty of appeal from them to the general quarter
+sessions, where the justice should be empowered to take cognizance of
+the conduct of the different commissioners, and to remedy whatever
+defects should be found to exist. That an annual report should be made
+to parliament, and that parliament should impose upon itself the duty of
+tracing the effect of its system from year to year, till it should be
+fully matured. That there should be a standing order of the House for
+this purpose, and in a word, that there should be an annual budget
+opened, containing the details of the whole system of poor-laws, by
+which the legislature would show that they had a constant and a watchful
+eye upon the interests of the poorest and most neglected part of the
+community. He was not vain enough to imagine that these ideas were the
+result of his own investigations, but he was happy to say that they
+arose from a careful examination of the subject, and an extensive survey
+of the opinions of others. He would only add that it was a subject of
+the utmost importance, and that he would do everything in his power to
+bring forward or promote such measures as would conduce to the interest
+of the country. He gave the hon. gentleman every possible credit for his
+humane and laudable motives, yet seeing the subject in the light in
+which he did, he was compelled to give his negative to the motion.
+
+_Mr. Lechmere_ said, that the bill was not only founded in humanity, but
+policy also. The late alarming scarcity ought to induce every man who
+wished to encourage the industrious poor, to promote every plan of
+relief for them at such a crisis. No agricultural labourer could at
+present support himself and his family with comfort; for a barley loaf
+was at the enormous price of 12-1/2d., while the whole of the labourer's
+daily wages amounted to no more than one shilling. _Haud ignara mali,
+miseris succurrere disco_, was a noble sentiment; but he would rather
+have the labourer enjoy the honest fruits of his industry, than be
+obliged to receive his due as an eleemosynary gift. It appeared to him
+that the minimum of agricultural labour should be fixed.
+
+_Mr. Buxton_ said, that the bill did not appear likely to be of much
+service, for if the price of labour were to be fixed by the justices of
+peace, he feared many industrious people would be thrown out of employ,
+and become a burthen to their respective parishes. The people he alluded
+to were those who by sickness or old age were rendered incapable of
+doing so much as a common labourer, and who consequently would be
+rejected for persons of more strength and activity. He had consulted
+with various well informed farmers and gentlemen in Norfolk who
+unanimously concurred in opinions that the bill would be injurious.
+
+_Mr. Vansittart_ commended the hon. gentleman who introduced the bill,
+for his humane intentions, but he had no hesitation in voting against
+it, because he thought any arbitrary regulations of the justices of the
+peace, in the price of labour, would be a greater evil than that already
+complained of. The bill appeared to him unnecessary, as the law since
+the reign of James I, enabled the magistrate to fix the price of labour.
+
+_Mr. Burdon_ did not think that the industrious poor were in that
+wretched situation stated by some gentlemen. The industrious labourer,
+in many instances, was able to support his family, and lay up something
+for his old age. From the average price of labour for some years, the
+House must perceive that the wages of the labourer were considerably
+increased. The friendly societies, if they continued to extend, would be
+productive of infinite good. As to the bill, he was convinced of its
+inadequacy to correct the abuses of which it complained. He recommended
+rather to repeal the act of Elizabeth than set it up as a precedent to
+act upon.
+
+_Mr. Fox_ said that no man was more against the idea of compulsion as to
+the price of labour than he was. The question now was, not on the
+general principle, but on that particular state of the law, which
+rendered some measure necessary to be adopted for the relief of the
+labouring poor, while the law, as it stood, was saddled with so many
+restrictions. He approved of the bill proposed by his hon. friend, as
+calculated to correct that which was bad in its present operation, and
+to secure at least to the labourer the means of partial relief. But if
+the House objected to the measure as improper, if they were of the
+opinion that it was not the most judicious or desirable that might be
+applied, he hoped they would go to the root of the evil, and provide
+some remedy adequate to the extent of the grievance. If, therefore, they
+should give a negative to the second reading of the bill, he should
+consider that by so doing they pledged themselves to take the subject
+into their early and most serious consideration. If what his hon. friend
+had brought forward should induce the House to go into a full
+examination of the subject, and to provide a remedy commensurate to the
+evil, he would not only have accomplished his own benevolent intentions,
+but would have done a much greater service to the country, than even if
+the bill which he had now brought forward were adopted.
+
+_Mr. Whitbread_ said:--"I cannot but congratulate the House on the able
+and eloquent speech of the chancellor of the exchequer. At the same
+time I must remark that if the poor laws were actually such, as the
+right hon. gentleman has stated they ought to be, it would not have been
+necessary for me to have brought forward any proposition; but I am
+afraid that facts and experience will be found undeniably to confirm my
+assertion, that the poor in this country are in a state scarcely
+consistent with the character of a civilised country. As to what the
+right hon. gentleman has stated about the price of labour finding its
+own level, he does not recollect that, till the level be found, the
+industrious poor labour under the pressure of immediate suffering. If
+the expedients he has proposed should succeed, they are matters of
+future regulation, and not calculated to afford relief which the
+exigencies of the times so imperiously demand. If it should be possible
+to a considerable degree to promote industry among the children of the
+poor, and to destroy the oppressive restrictions with respect to
+settlements, still it will be a considerable time before the price of
+labour will have found its level. Even if more effectual regulations
+should afterwards be adopted, still this bill is eligible as a temporary
+relief. It does not compel the magistrates to act: it only empowers them
+to take measures according to the exigency of the times. It has been
+stated as an objection to the bill, that it goes to fix the price of
+labour, but gentlemen do not attend to the circumstances, that it does
+not go to determine what should be the general price of labour, but only
+what should be the least price of labour under particular circumstances.
+As to the particular case of labourers, who have to provide for a number
+of children, the wisest thing for government, instead of putting the
+relief afforded to such on the footing of a charity, supplied, perhaps,
+from a precarious fund, and dealt with a reluctant hand, would be at
+once to institute a liberal premium for the encouragement of large
+families. There is just one circumstance to which I shall advert, before
+I conclude, namely, the wretched manner in which the poor are lodged. It
+is such as ought not to be suffered in a country like this, proud of its
+freedom, and boasting of the equal rights of all its subjects. The
+landlord, who lets the ground upon lease to the farmer, does not
+consider himself as bound to repair the cottages. The farmer, who has
+only a temporary interest in the property, feels no anxiety on the
+subject. The cottage, dismantled and mouldering to decay, affords
+neither warmth nor shelter to the poor inhabitant, who is left exposed
+to the fury of the elements and the inclemency of every season. If a
+negative should be put upon the second reading of the bill, I shall then
+move for leave to bring in a bill to repeal the statute of Elizabeth,
+and afterwards for a committee to take into consideration the state of
+the poor laws."
+
+The motion was negatived. After which, the bill was ordered to be read a
+second time on that day three months.
+
+
+7. ARBITRATION ACT FOR THE COTTON INDUSTRY [_Statutes, 39 and 40 Geo.
+III, 90_], 1800.
+
+ An act for settling disputes that may arise between masters and
+ workmen engaged in the cotton manufacture in that part of Great
+ Britain called England.
+
+That, from and after the first day of August in the year of our Lord one
+thousand eight hundred, in all cases that shall or may arise within that
+part of Great Britain called England, where the masters and workmen
+cannot agree respecting the price or prices to be paid for work done, or
+to be done, in the said manufacture, whether such dispute shall happen
+or arise between them respecting the reduction or advance of wages or
+any injury or damage done, or alleged to have been done, by the workmen
+to the work, or respecting any delay, or supposed delay, on the part of
+the workmen in finishing the work or the not finishing such work in a
+good and workmanlike manner; and also in all cases where the workmen are
+to be employed to work any new pattern which shall require them to
+purchase any new implements of manufacture for the working thereof, and
+the masters and workmen cannot agree upon the compensation to be made to
+such workmen for or in respect thereof, and also respecting the length
+of all pieces of cotton goods, or the wages or compensation to be paid
+for all pieces of cotton goods that are made of any great or
+extraordinary length, and respecting the manufacture of cravats, shawls,
+polycat, romall, and other handkerchiefs, and the number to be contained
+in one piece of such handkerchiefs, and the wages to be paid in respect
+thereof, and in all cases of dispute or difference arising or happening
+by and between the masters and workmen employed in such manufacture, out
+of, for, or touching such trade or manufacture, which cannot be
+otherwise mutually adjusted and settled by and between them; it shall
+and may be lawful, and it is hereby declared to be lawful, for such
+masters and workmen, between whom such dispute or difference shall arise
+as aforesaid, or either of them, to demand and have an arbitration or
+reference of such matter or matters in dispute, and each of them is
+hereby authorised and empowered forthwith to nominate and appoint an
+arbitrator for and on his respective part and behalf, to arbitrate and
+determine such matter or matters in dispute as aforesaid, and such
+arbitrators so appointed as aforesaid, after they shall have accepted
+and taken upon them the business of the said arbitration, are hereby
+authorised and required to summon before them, and examine upon oath the
+parties and their witnesses (which oath the said arbitrators are hereby
+authorised and required to administer according to the form set forth in
+the schedule to this act), and forthwith to proceed to hear and
+determine the complaints of the parties and the matter or matters in
+dispute between them, and the award to be made by such arbitrators shall
+in all cases be final and conclusive between the parties; but in case
+such arbitrators so appointed cannot agree to decide such matter or
+matters in dispute so to be referred to them as aforesaid, and do not
+make and sign their award within the space of three days after the
+signing of the said submission, that then they shall forthwith, and
+without delay, go before and attend upon one of his Majesty's justices
+of the peace acting in and for the county, riding, city, liberty,
+division, township, or place, and residing nearest to the place where
+such dispute shall happen and be referred, and state to such justice the
+points in difference between them the said arbitrators, which points in
+difference the said justice shall and he is hereby authorised and
+required to hear and determine, which determination of such justice
+shall be made and signed within the space of three days after the
+expiration of the time hereby allowed the arbitrators to make and sign
+their award, and shall be final and conclusive between the parties so
+differing as aforesaid.
+
+[In cases of dispute the points of difference shall be stated to a
+justice whose award shall be final. Justices who are cotton
+manufacturers cannot act.]
+
+
+8. AMENDMENT OF THE ARBITRATION ACT [_Statutes, 44 Geo. III, 87_], 1804.
+
+ An act to amend an act, passed in the thirty-ninth and fortieth years
+ of his present Majesty, intituled, An act for settling disputes that
+ may arise between masters and workmen engaged in the cotton
+ manufacture in that part of Great Britain called England.
+
+II. And be it further enacted, that, in all cases where an arbitration
+may be demanded by the said recited act, where the party complaining and
+the party complained of shall come before or agree, by any writing under
+their hands, to abide by the determination of any justice of the peace
+or magistrate of any county, city, town, or place, within which the
+parties reside, it shall and may be lawful for such justice of the peace
+or magistrate to hear and finally determine in a summary manner the
+matter in dispute between such parties; but if such parties shall not
+come before, or so agree to abide by the determination of such justice
+of the peace or magistrate, then it shall be lawful for any such justice
+or magistrate, and such justice of the peace or magistrate is hereby
+required, on complaint made before him, and proof by the examination of
+the party, making such complaint, that application has been made to the
+person or persons against whom such cause of complaint has arisen, or
+his, her, or their agent or agents, if such dispute has arisen with such
+agent or agents, to settle such dispute, and that the same has not been
+settled upon such complaint being made, or where the dispute relates to
+a bad warp, such cause of complaint shall not be done away within
+forty-eight hours after such application, to summon before him such
+person or persons, or agent or agents, on some day not exceeding three
+days, exclusive of Sunday, before the making such complaint, giving
+notice to the person making such complaint of the time and place
+appointed in such summons for the attendance of such person or persons,
+agent or agents, as aforesaid; and if at such time and place the person
+or persons so summoned shall not appear by himself, or send some person
+on his, her, or their behalf, to settle such dispute, or appearing shall
+not do away such cause of complaint, then and in such case it shall be
+lawful for such justice, and he is hereby required, at the request of
+either of such parties, to nominate arbitrators or referees for settling
+the matters in dispute; and such justice shall then and there at such
+meeting propose not less than four nor more than six persons, one-half
+of whom shall be master-manufacturers or agents or foremen of some
+master-manufacturer, and the other half of whom shall be weavers in such
+manufacture (such respective persons residing in or near to the place
+where such dispute shall have arisen) out of which master-manufacturers,
+agents, or foremen, the master engaged in such dispute, or his agent,
+shall choose one, and out of which weavers so proposed, the weaver or
+his agent, shall choose another, who shall have full power to hear and
+finally determine such dispute; and the said justice shall thereupon
+appoint a place of meeting according to the directions of this act, and
+also a day for the meeting, notice of which nomination, and of the day
+of meeting, shall thereupon be given to the persons so nominated
+arbitrators or referees, and to any party to any such dispute, who may
+not have attended the meeting before such justice as aforesaid.
+
+ [For criticism of the act see Petition of Cotton Weavers, 1813, Pt.
+ III, Section III, No. 12, page 576.]
+
+
+9. THE FIRST FACTORY ACT [_Statutes, 42 Geo. III, 87_], 1802.
+
+ An act for the preservation of the health and morals of apprentices
+ and others, employed in cotton and other mills, and cotton and other
+ factories.
+
+... All such mills and factories within _Great Britain and Ireland_,
+wherein three or more apprentices, or twenty or more other persons,
+shall at any time be employed, shall be subject to the several rules and
+regulations contained in this act; ...
+
+II. And be it enacted, that all and every the rooms and apartments in or
+belonging to any such mill or factory shall, twice at least in every
+year, be well and sufficiently washed with quick lime and water over
+every part of the walls and ceiling thereof; and that due care and
+attention shall be paid by the master or mistress of such mills or
+factories to provide a sufficient number of windows and openings in such
+rooms or apartments, to insure a proper supply of fresh air in and
+through the same.
+
+III. And be it further enacted, that every such master or mistress shall
+constantly supply every apprentice during the term of his or her
+apprenticeship with two whole and complete suits of clothing....
+
+IV. And be it further enacted, that no apprentice that now is or
+hereafter shall be bound to any such master or mistress shall be
+employed or compelled to work for more than twelve hours in any one day
+(reckoning from six of the clock in the morning to nine of the clock at
+night), exclusive of the time that may be occupied by such apprentice in
+eating the necessary meals: Provided always, that, from and after the
+first day of June one thousand eight hundred and three, no apprentice
+shall be employed or compelled to work upon any occasion whatever
+between the hours of nine of the clock at night and six of the clock in
+the morning.
+
+VI. And be it further enacted, that every such apprentice shall be
+instructed, in some part of every working day, for the first four years
+at least of his or her apprenticeship....
+
+VII. And be it further enacted, that the room or apartment in which any
+male apprentice shall sleep shall be entirely separate and distinct from
+the room or apartment in which any female apprentice shall sleep, and
+that not more than two apprentices shall in any case sleep in the same
+bed.
+
+VIII. And be it further enacted, that every apprentice, or (in case the
+apprentices shall attend in classes) every such class, shall for the
+space of one hour at least every Sunday be instructed and examined in
+the principles of the Christian religion ... and such master or mistress
+shall send all his or her apprentices under the care of some proper
+person, once in a month at least, to attend during divine service in the
+church of the parish ... or in some licensed place of divine worship;
+and in case the apprentices cannot conveniently attend such church or
+chapel ... the master or mistress ... shall cause divine service to be
+performed in some convenient room or place in or adjoining to the mill
+or factory....
+
+IX. And be it further enacted, that the justices of the peace for every
+county ... shall ... appoint two persons, not interested in, or in any
+way connected with, any such mills or factories, to be visitors ...; one
+of whom shall be a justice of peace ... and the other shall be a
+clergyman of the Established Church....
+
+
+9A. MINUTES OF COMMITTEE ON CHILDREN IN FACTORIES, 1816 (III), _p._ 277.
+
+_Examination of Richard Arkwright, June 7, 1816._
+
+_Q._ What is your opinion of the Act known under the name of Sir Robert
+Peel's Bill? I could wish to confine myself to facts as much as
+possible.
+
+What have you known of that Act? That Act has not been followed up, with
+respect to the visiting of magistrates, for these thirteen years. I
+think they visited my mills at Cromford twice.
+
+_p._ 278.
+
+Are you of opinion that Sir Robert Peel's Bill, which passed in the year
+1802, has accomplished much benefit for the children, for whose
+protection it was intended?
+
+I certainly thought that the discussions upon that Bill, and the Bill
+itself, did a great deal of good, but that can be only matter of
+opinion.
+
+
+10. CALICO PRINTERS' PETITION FOR REGULATION [_Commons Journals, Vol.
+LIX, Feb. 22, 1804_], 1804.
+
+A petition of several journeymen calico printers, and others working in
+that trade, in the counties of Lancaster, Derby, Chester, and Stafford,
+in England, and in the counties of Lanark, Renfrew, Dumbarton, Stirling,
+and Perth in Scotland, was presented to the House, and read; setting
+forth that great numbers of the petitioners and other journeymen calico
+printers have, for a series of years past, been greatly distressed for
+want of work in their trade, and that this distress has chiefly arisen
+from a very general, if not universal, practice of the master calico
+printers in the counties above enumerated, who systematically carry on
+the said trade by employing in it, in many instances, a greater number
+of out-door apprentices than of journeymen, and, upon an average, nearly
+two of such apprentices to three journeymen, a practice of great injury
+to the petitioners, their families, and, ultimately, even to the
+apprentices themselves; and that one of the injurious effects, to the
+petitioners by this system is, that, in many instances boys are taken as
+apprentices to the said trade or business on verbal agreement, whereby
+they are at liberty to absent themselves from the service and control of
+their masters on any trifling disagreement, and are generally replaced
+by others, thereby creating an overstock of hands in the said trade: And
+therefore praying, That leave may be given to bring in a bill to
+regulate the trade or business of calico printers.
+
+Ordered, that the said petition be referred to the consideration of a
+committee.
+
+
+11. REPORT ON CALICO PRINTERS' PETITION [_Commons Journals, Vol. LXI,
+July 17, 1806_], 1806.
+
+Your committee have naturally endeavoured to ascertain the cause of
+those discontents, and, as far as they have been able to collect from
+the minutes of evidence referred to them, they find it has arisen
+principally from the multiplication of apprentices. That this has gone
+to an extent, and that the disproportion of apprentices to journeymen
+exists to a degree, far beyond that understood to prevail in any other
+mechanical profession whatever, appears to your committee in several
+instances. In one instance, that of the shop of Berry and Co. of
+Lancashire, they find that 55 apprentices were employed, and only two
+journeymen; in another, that of the shop of Tod and Co. of Dumbarton,
+there were 60 apprentices, and only two journeymen. Such a
+disproportion, your committee conceive, must strike as extraordinary any
+one in the least degree acquainted with the custom of trade.
+
+The practice of introducing such an increased number of apprentices,
+which commenced about the year 1790, does not appear from the minutes of
+evidence to have proceeded from any scarcity of hands to supply the
+demands of the masters, or make up the work required; on the contrary,
+it appears that in the course of the period when this excessive
+multiplication of apprentices went on, a number of journeymen were
+seeking in vain for employment.
+
+With regard to the multiplication of apprentices, while your committee
+declare that they are not friendly to the idea of imposing any
+restrictions upon trade, they are ready to state that the inclination of
+their minds is this, that either all restrictions ought to be abolished,
+and the masters and journeymen left to settle matters between
+themselves, or an additional restriction ought to be introduced to
+counteract the evils obviously resulting from the restrictions which
+already exist. This restriction your committee mean of course to apply
+to apprentices; and if a precedent were wanted to justify such a
+measure, they would refer to the case of the silk weavers, and that of
+other trades, which are to be found on the Statute Book. In the instance
+of the silk weavers, no more than two apprentices can be legally taken
+by any master, whatever may be the number of his journeymen; and yet,
+since the enactment of this law, no scarcity of hands has ever been
+complained of in that flourishing branch of trade. Indeed, throughout
+all the mechanical professions, it is, as far as has come to the
+knowledge of any of the members of your committee, the general rule,
+that no master shall have more than two or three apprentices at the
+most. This general rule is conceived to be established through an
+understanding between the masters and the journeymen.
+
+The salutary effects of leaving the masters and journeymen to settle
+their affairs between themselves, is particularly exemplified in the
+calico printing business: for, although in Lancashire and Derbyshire,
+etc., where there is nearly a proportion of one apprentice to one
+journeyman, and between masters and journeymen a consequent jealousy,
+productive of perpetual variance and confusion; there is in the
+neighbourhood of London, where a different feeling prevails, and where
+matters are amicably adjusted between the parties, a very different
+proportion of apprentices and journeymen. In 14 shops examined by one of
+the witnesses, in 1803, the number of journeymen were 216, the
+apprentices only 37.
+
+But to return to the subject of restrictions: your committee are
+persuaded that as the Legislature has thought proper to interpose its
+authority, to prevent the journeymen from concerting measures among
+themselves to settle their affairs with the masters, it would be ready
+to remove any complaints which might arise from advantage taken by the
+masters of the existence of such restriction. The wisdom and humanity of
+Parliament would shrink from sanctioning the Combination Law, if it
+appeared to them, at the time of its enactment, likely to operate only
+in favour of the strong, and against the weak; if it had any apparent
+tendency to secure impunity to oppressors, and to give an undue
+advantage to the masters, who can combine with little danger of
+detection, and who can carry their projects into execution with little
+fear of opposition. The Legislature could never mean to injure the man,
+whose only desire is to derive a subsistence from his labour, and that
+indeed is all a journeyman calico printer can look to; for, from the
+particular nature of his trade, differing much from others, he cannot,
+from the capital required, ever calculate upon becoming a master.
+
+
+12. COTTON WEAVERS' PETITION AGAINST THE REPEAL OF 5 ELIZABETH C. 4
+[_Commons Journals, Vol. LXVIII, Feb. 25, 1813_], 1813.
+
+A petition of several cotton weavers resident in the division of Bolton
+Le Moors, in the county of Lancaster, was presented and read; setting
+forth, that the petitioners are much concerned to learn that a bill has
+been brought into the House to repeal so much of the Statute 5
+Elizabeth, as empowers and requires the magistrates, in their respective
+jurisdictions, to rate and settle the prices to be paid to labourers,
+handicrafts, spinners, weavers, etc.; and that the petitioners have
+endured almost constant reductions in the prices of their labour for
+many years, with sometimes a trifling advance, but during the last
+thirty months they have continued, with very little alteration, so low,
+that the average wages of cotton weavers do not exceed 5s. per week,
+though other trades in general earn from 20s. to 30s. per week; and that
+the extravagant prices of provisions of all kinds render it impossible
+for the petitioners to procure food for themselves and families, and the
+parishes are so burthened that an adequate supply cannot be had from
+that quarter; and that, in the 40th year of His present Majesty a law
+was made to settle disputes between masters and workmen[351]; which law
+having been found capable of evasion, and evaded, became unavailing:
+after which, in 1802, 1803, and 1804, applications being made to amend
+that of the 40th, another law was made, varying in some points from the
+former; but this also is found unavailing, inasmuch as no one conviction
+before a magistrate under this law has ever been confirmed at any
+Quarter Sessions of the Peace; and that several applications have since
+been made to the House to enact such laws as they would judge suitable
+to afford relief to the trade, in which masters and workmen joined, but
+hitherto without any effect; and that, about twelve months since, it was
+found that the Statute of 5 Eliz. (if acted upon) was competent to
+afford the desired relief, and it was resorted to in certain cases, but
+the want of generality prevented its obtaining at that time, especially
+as it can be acted on only at the Easter Quarter Sessions, or six weeks
+thereafter; and that, as petitions to the magistrates were almost
+general at the last Quarter Sessions, and all graciously received at
+each different jurisdiction, much hope was entertained that at the next
+Easter sessions the magistrates would settle the wages of the
+petitioners, and they obtain food by their industry; and that the
+present bill to repeal the aforesaid law has sunk the spirits of the
+petitioners beyond description, having no hope left: the former laws
+made for their security being unavailing, there is no protection for
+their sole property, which is their labour; and that, although the said
+law of 5 Eliz. was wisely designed to protect all trades and workmen,
+yet none will essentially suffer by its repeal save the cotton weavers:
+the silk weavers have law to secure their prices, as have other
+artizans; tradesmen generally receive their contracted wages, but cotton
+weavers, when their work is done, know not what they shall receive, as
+that depends on the goodness of the employer's heart: And that the
+petitioners, therefore, most humbly, and earnestly pray, that the House,
+for the aforesaid reasons, will not repeal the said Statute of 5 Eliz.,
+it being the only law by which they can hope any relief from their
+present misery; and the existing laws being evaded, this would afford,
+when acted upon, prices somewhat suitable to the prices of provisions in
+adverse times; but should the House see it proper to repeal the said
+law, the petitioners pray, that in that case it will enact a law to
+secure and grant such wages to the petitioners as will enable them to
+live by their industry, equally beneficial to masters and workmen.
+
+Ordered, That the said Petition do lie upon the Table.
+
+[The wages clauses of 5 Eliz. 4 were repealed by 53 Geo. III, 40, 1813.]
+
+[Footnote 351: See above. Pt. III, Section III, Nos. 7 and 8. p. 568 and
+p. 570.]
+
+
+13. DEBATES ON THE REGULATION OF APPRENTICES [_Parl. Debates, Series I,
+Vol. XXV, Cols. 1120-1131; XXVII, 423-425, 563-574, 879-884_],
+1813-1814.
+
+APPRENTICES.--_Mr. Rose_ adverted to the petition[352] he presented the
+other day, which was signed by above 800 masters and 13,000 journeymen
+in London; and by 1,154 masters and 17,517 journeymen in the country;
+making above 32,000 in all. The policy of the system began in Edward the
+3rd. Some had doubted the effects of the law, and deemed all
+restrictions injurious to commerce: others considered the want of
+restrictions more dangerous, and contended that the present system had
+encouraged habits of industry. The courts had, in general, narrowed the
+spirit and application of the restrictions. He thought that if the
+existing law was not to be enforced, it ought to be amended or repealed.
+A petition signed by such a number of tradesmen was deserving the most
+attentive consideration. He should therefore move that the petition be
+referred to a committee.
+
+_Mr. Serjeant Onslow_ allowed that the number of signatures to the
+petition entitled it to a respectful consideration. As to the
+allegations of the petition, he thought it very extraordinary that the
+petitioners should really expect that parliament would allow them to
+bring actions upon this statute, against whom they pleased, well-founded
+or ill-founded, without being subject to costs in case of failure. From
+his experience in a certain judicial situation, he could say, and he
+believed he might appeal to all his professional friends about him for
+the confirmation of his statement, that he never knew any indictment
+brought under this statute except against a person of great skill and
+acquirements. The preamble of the Act stated its object to be "to
+prevent the introduction of unskilful workmen": and yet no indictments
+were ever brought against unskilful workmen, but only against very
+skilful and ingenious men. This shewed pretty clearly the spirit in
+which such prosecutions were brought.
+
+_Mr. D. Giddy_ said, that he should not vote for the committee, if he
+did not think it likely that the resolution they would come to would be
+directly opposite to that which was expected by the petitioners. He
+certainly did entertain great doubts, whether in the present state of
+the commercial world there was any use in those apprenticeships,
+although they might have been necessary in the infancy of commerce. It
+frequently happened, that a young man had not a talent for that
+particular business to which he had been bound an apprentice, and was
+yet possessed of other talents, by the exercise of which he might obtain
+a most respectable subsistence. It appealed to him a cruel hardship to
+fetter the minds and limbs of men, so as to prevent their obtaining a
+subsistence by the fair exercise of their talents and of their limbs. As
+to what was said of corporate rights, obtained by apprenticeship, he
+thought that made it the less necessary to add penalties. If those
+corporate rights, however, were to be considered of real value, he
+thought it a great hardship that they could not be obtained in any other
+way than by serving an apprenticeship.
+
+_Mr. Butterworth_ also felt inclined to disapprove of the Act as highly
+injurious to trade in general, and to rising talent. In illustration of
+the hardships of the Act, and of the manner in which it was generally
+enforced, he mentioned a case which had come within his own immediate
+observation. In an office of which he had the command, there was a young
+man of great skill, and consequently of great value to his employers;
+he, however, had not served the regular apprenticeship, and his
+fellow-workmen therefore combined against him, demanding his discharge.
+He (Mr. B.) interfered on behalf of the young man, but in vain; for the
+conspiracy amongst the workmen attained that height that their request
+was obliged to be complied with. The young man was discharged, and
+though skilful in that particular trade, he had been compelled to sell
+the furniture, the produce of his industry, to support a wife and
+family, who were dependent on him for support. He did not oppose the
+committee, because he was convinced that the determination would be in
+favour of the repeal of the 5th of Elizabeth.
+
+The petition was then referred to a committee.
+
+_Wednesday, April 6, 1814._[353]
+
+
+APPRENTICE LAWS.--_Mr. H. Davis_ presented a petition from certain
+master manufacturers of the city of Bristol, praying that so much of the
+Act of the 5th of Elizabeth, cap. 4, as inflicted penalties on persons
+exercising trades to which they had not served regular apprenticeships,
+should be repealed. Ordered to lie on the table.
+
+_Mr. P. Moore_ presented a petition from the manufacturers of Coventry,
+praying that that part of the 5th of Elizabeth, cap. 4, which inflicted
+penalties on persons exercising trades to which they had not served
+regular apprenticeships, should be rendered efficient. He should merely
+move "that the petition do lie on the table"; but, before he sat down,
+he wished to enquire of the learned gentleman (Mr. Serjeant Onslow) who
+had given notice of his intention to introduce a Bill on the subject,
+whether he meant, in his proposed measure, to confine himself merely to
+the repeal of that part of the 5th of Elizabeth which sanctioned those
+penalties, or to do away with the Act altogether? He also wished to know
+whether the learned gentleman intended to push his Bill through the
+different stages in the present session; or, having introduced it, to
+let it lie over till the next? In his opinion a committee ought to be
+appointed, in the first instance, to examine the whole of the petitions
+that had been presented relative to the 5th of Elizabeth, and also to
+look into the provisions of that Act.
+
+_Mr. Serjeant Onslow_ said, most unquestionably he did not mean to go
+beyond the terms of his notice, in the measure he should introduce. He
+had stated explicitly the part of the Act that he wished to have
+repealed, and he had not since altered his determination. With respect
+to the second point of the hon. gentleman's interrogatory, "Whether he
+intended to hurry the Bill through the House?" he would answer that he
+certainly did not. But the hon. gentleman seemed to forget that the
+present period was virtually almost the commencement of the session, and
+that very important business was yet to come on. He (Serjeant Onslow)
+certainly did wish to have the sense of the House taken on the Bill,
+before the session terminated. And this, he thought, could be done
+without any imputation of hurry. In the last session the Treasurer of
+the Navy (Mr. Rose) had presented a petition from a great number of
+persons who were desirous that the penalties should be continued; and
+moved for a committee to investigate the allegations of the petitioners.
+A committee was granted--it sat from day to day--and the evidence
+adduced before it was printed. He (Serjeant Onslow) enquired of that
+right hon. gentleman whether he intended to found any motion on this
+evidence? And, understanding that he did not, he stated, at the close of
+the last session, that he would himself submit a motion on the subject.
+Soon after parliament met he gave notice of a motion for the 30th of
+November; but, in consequence of a number of gentlemen who represented
+large manufacturing districts (particularly the hon. member for
+Yorkshire) not being then in town, he postponed it till the 22nd of
+February, and had finally put it off till the 27th of the present
+month--knowing that a call of the House would take place before that
+period, which would ensure a full attendance when the proposed measure
+came to be discussed. That the country was not unprepared for it, was
+evident from the numerous petitions which had been presented in favour
+of it. Petitions of that nature had been received from Leeds,
+Birmingham, Huddersfield, Bristol, and many other populous
+neighbourhoods. Several petitions had been presented against it. How
+they were procured he did not know; but the language in all of them
+appeared nearly the same. With respect to the principal trade carried on
+by the constituents of the hon. gentleman, it would not be at all
+affected by the new Bill, because it was already guarded by a variety of
+enactments totally independent of the 5th of Elizabeth.
+
+_Mr. P. Moore_ said it was very true that his constituents (the freemen
+of Coventry) were obliged by Act of Parliament to serve a regular
+apprenticeship, before they could carry on the business alluded to by
+the learned gentleman. Now they were alarmed lest by the proposed Bill
+they should be deprived of a right which they had long enjoyed. They
+therefore were anxious that the Bill should not be hurried through the
+House.
+
+The petition was ordered to lie on the table.
+
+_Wednesday, April 27, 1814._[354]
+
+APPRENTICESHIP LAWS.--_Mr. Serjeant Onslow_ rose to move for leave to
+bring in a Bill to repeal part of an Act, passed in the 5th year of
+Elizabeth, entitled "An Act containing divers orders for artificers,
+labourers, servants of husbandry, and apprentices." ... The reign of
+Queen Elizabeth, though glorious, was not one in which sound principles
+of commerce were known; and a perusal of the other clauses of the Act,
+as well as the one creating the penalties for exercising trades contrary
+to its provisions, would fully confirm that assertion; indeed it did
+not seem to be the object of that statute to favour manufactures; it
+rather seemed to be intended to make them subservient to a most mistaken
+notion of favour to the landed interest. So little was political economy
+then understood that the idea never seemed to have occurred, that
+agriculture was best promoted by the prosperity of commerce and
+manufactures; and that restraints on them defeated the end they aimed
+at, and discouraged that very employment which they ought to promote....
+Apprenticeships had been looked upon as favourable to the morals of
+youth, and he was very far from wishing to discourage them; but he did
+not wish them to be an indispensable qualification for legally carrying
+on trades.... Apprenticeships were as common in trades not within the
+statute as in those that were within what had been called the
+protection, but what he thought the curse, of the statute....
+
+_Mr. Philips._--The persons most competent to form regulations with
+respect to trade were the master manufacturers, whose interest it was to
+have goods of the best fabric; and no legislative enactment could ever
+effect so much in producing that result, as the merely leaving things to
+their own course and operation. The proof of this was to be found in the
+fact that the manufactures for which the country was most famous, were
+precisely those to which this Act did not apply. If this narrow
+principle had been carried into every branch of art, the machinery of
+Sir Richard Arkwright would have been lost to the country--and the
+genius of Mr. Watt, whose inventions had added more to the productive
+powers of the empire, than if the population had been increased one
+half, would have been still unknown. The hon. gentleman then proceeded
+to point out the evil effects which arose from the system of combination
+among tradesmen [workmen].
+
+Leave was given to bring in the Bill.
+
+_Friday, May 13, 1814._[355]
+
+APPRENTICE LAWS.--_Mr. Serjeant Onslow_ moved the second reading of the
+Bill, which was warmly opposed by _Sir Fred. Flood_, who, though a
+friend to liberty, disliked licentiousness. The Bill went to abrogate
+that most salutary law of the 5th of Elizabeth, and to revive the
+practice which had previously existed from Edward the Third's time. It
+would be destructive of the interests of persons who served their
+apprenticeships, and paid for education in their respective trades, and
+ruinous to the morals of youth. It would be hurtful to commerce, to
+mechanics, to manufacture and to the Stamp Act. The present law had
+lasted 220 years. He proposed to postpone the second reading to that day
+six months.
+
+_Mr. Protheroe_ seconded the motion, as the Bill proceeded on no general
+comprehensive system, but simply on a repeal without any efficient
+substitute for what was to be repealed. He objected to the measure in a
+moral point of view; in which respect he was upheld by the opinions of
+Lord Coke and Sir Wm. Blackstone. He had heard much of vexatious
+prosecutions under the Act of Elizabeth; but, on enquiry, he found that
+at Bristol for the last 20 years, there had not been one such
+prosecution. If apprenticeships were more encouraged, he was satisfied
+that combinations among journeymen would almost entirely be put an end
+to. If the House were to lower its attention down to the humble cottage,
+they would there see the advantages of this system, in beholding careful
+masters provided for the youths, who, in addition, were provided with
+food and clothing, while their morals were protected. He should be happy
+that the present Bill were withdrawn, and some measure unaccompanied by
+its disadvantages were introduced.
+
+_Mr. Hart Davis_ could not disguise from himself that the present
+measure was attended with many difficulties. It would undoubtedly be of
+great advantage to our manufacturers that the present law should be
+repealed, and that every restraint should be removed from the rising
+generation. Supposing a person brought up to a trade for which from his
+constitution he was not fit, was he to be excluded from pursuing any
+other pursuit, or occupation whatever? Suppose the trade of
+button-makers, which was a trade that speedily passed away; or of
+gun-makers, of whom probably 40,000 might be in a few months thrown out
+of employment, was it to be held that they could follow no other
+occupation, but must remain a burden upon the community? The more he
+considered the present measure, the more he was satisfied of its
+utility.
+
+_Mr. Protheroe_ explained that he could wish a general review of the
+whole system.
+
+_Mr. Giddy_ thought if any one measure more than another could be said
+to involve the general rights of mankind, the present was that measure.
+What was this but the general right of the inhabitants of this country
+to employ the energies of their mind and body in the way they themselves
+pleased? And if a system were to be continued by which men were deprived
+of this general and undoubted right, it seemed to be incumbent on those
+who contended for the continuance of such a restriction to shew on what
+principle it was founded. If gentlemen attended to the time in which the
+law in question was passed, they would find it was a period in which
+many ill-advised monopolies had been granted, and one in which
+remonstrances on that subject had been made by the House of Commons on
+the impolicy of such a system, which had not been much attended to.
+Nothing, he was convinced, had contributed so much as the law in
+question to check the progress in our arts and manufactures.
+
+_Sir C. Mordaunt_, on the part of his constituents, the manufacturers of
+Birmingham, was strongly in favour of the present repeal. If the law, as
+it now stood, were put in force, it would have the effect of imposing
+the strongest possible fetters upon ingenuity and industry.
+
+_Mr. Thompson_ liked liberty; and doing so, he wished to see every man
+have the liberty of employing his hands and his genius in the best way
+he could to his own advantage, and for the benefit of the country. This
+no man was at liberty to do, so long as the present law remained in
+force. He wished the law totally repealed, though the Bill did not go so
+far. The present law was necessarily broken every day. It was clear that
+the judges always wished to evade it, when they could do so. He knew a
+case of two men who were prosecuted under the Act for sawing a piece of
+wood; another, of a good and bad baker in the same town; where the bad
+one, finding that the good one had not served a regular apprenticeship,
+had him turned out, and got liberty to poison all his neighbours with
+his bad bread. Some years ago the printers struck, and there was a
+difficulty in getting even the parliamentary papers printed. Let those
+who chose it bind their children as apprentices; but let not others be
+compelled to do the same. Instances of the absurdity of the law would
+be innumerable. It was none the better for the age of it, which the
+worthy baronet had stated. It was, in fact, superannuated; and it was
+much the kindest way to let it die quietly, and so confer an advantage
+both on the country and Ireland. Lord Ellenborough once got the
+coach-makers out of a scrape ingeniously enough. They were attacked as
+wheelmakers; but his lordship said that coaches could not have been
+known in Elizabeth's days, as that queen went to parliament on
+horseback. He perfectly agreed in the opinion which Lord Mansfield had
+given, in speaking of the Act of Elizabeth, that "it was against the
+natural rights of man, and contrary to the common law rights of the
+land."
+
+_Mr. Rose_ considered this as a subject of extraordinary difficulty.
+After all that had been said, he could not help thinking that if the
+Bill were passed into law, it would put an end to apprenticeships
+altogether; for no person would subject himself to a seven years'
+servitude when he knew that having fulfilled his indenture, he would
+only be on a level with a man who perhaps had not been one year at the
+business. He was willing to examine and improve the 5th of Elizabeth,
+but would not agree to this unqualified repeal.
+
+_Sir J. Newport_ was surprised that the hon. baronet (Sir F. Flood)
+should be so anxious to perpetuate a statute which never was law in
+Ireland; and yet in that country, where no such penalties as those
+inflicted by the 5th of Elizabeth existed, the system of apprenticeships
+was freely and voluntarily adopted. He thought, on every principle of
+justice, that the subject was entitled to make use of his abilities and
+industry in those pursuits most beneficial to his interests.
+
+_Sir S. Romilly_ had been applied to on the subject of the present Bill,
+by the constituents of two hon. gentlemen who had already delivered
+their sentiments on the measure this night (Messrs. Protheroe and
+Davis). He felt the highest respect for the gentlemen who had so applied
+to him on the subject of the present Bill; but his opinion of the
+measure being decidedly opposite to theirs, he thought he should not be
+acting a manly part were he either to abstain from voting on the Bill,
+or were he to content himself with a silent vote on this occasion. He
+was satisfied that there were reasons sufficiently strong to support the
+system of apprenticeships in those trades in which a number of years
+were requisite to the acquiring a knowledge of them, without the
+assistance of the law as it now stood. This law, which went to prohibit
+a man from the exercise of that trade for which he was fit, he therefore
+thought ought to be repealed. For what was it but to take from a poor
+man the only property he possessed--his genius and industry--and to
+drive him into a workhouse; or to force him to abandon his country, and
+to forsake his wife and family. These were the moral consequences which
+the House was to look for from a perseverance in the law as it now
+stood.
+
+_Alderman Atkins_ hoped that some clause might be introduced into the
+Bill when it was in the committee, that would give sufficient
+encouragement to the apprentice system; while, at the same time, the
+abuses of it might be remedied.
+
+_Sir F. Flood_, seeing the sense of the House against him, withdrew his
+amendment.
+
+_Mr. Canning_ wished the Bill to go into the committee. He was aware
+that the subject was attended with considerable difficulties. The
+difficulty would be to find the means of doing away the abuses
+complained of, without doing away the system altogether, which he was
+convinced was useful to the perfection of our manufactures, and still
+more useful as affecting the morality of the lower orders.
+
+_Mr. Serjeant Best_ said that if no other member introduced a clause to
+that effect, he himself should feel it his duty to propose one. He
+thought the penal clauses of the Act of Elizabeth should certainly be
+repealed, but that at the same time it was much better that young people
+should not be left without some control. He thought that at present the
+masters had much more advantages from the services of the apprentices,
+than the apprentices had from the instruction of the master, as most of
+those trades might be learned in a very short time. He therefore wished
+that part of the earnings might go to the parents, as an encouragement
+to the system.
+
+_Mr. P. Moore_ opposed the Bill, because he thought that its enactment
+would operate seriously to the prejudice of our manufactures both in
+skill and reputation. Indeed, such had been found the effect of the
+partial repeal of the statute of Elizabeth with respect to the woollen
+manufacture.[356] For although the Yorkshire tag had formerly been a
+sufficient recommendation upon the continent, yet since the repeal
+alluded to, our pieces of woollen manufactures were examined yard by
+yard before they were purchased.
+
+_Mr. Lockhart_ expressed his opinion, that this Bill, if enacted, should
+only operate prospectively; that is, that it should not become effective
+until a certain period; so that those mechanics who had served
+apprenticeships upon the faith of the existing law, should not be
+injured by its operation, by being thrown out of employment at a period
+of life when they could not devote themselves to any other profession
+than that to which they had been reared.
+
+_Mr. B. Shaw_ deprecated the idea that morality was likely to be
+endangered, or our manufactures injured, by the enactment of the Bill
+under consideration; for Scotland, to which the Act of Elizabeth never
+extended, was never found in any degree inferior in morality or skill in
+manufacture.
+
+_Mr. W. Smith_ observed, that he never heard of any proposition of
+reform which was not likely to be inconvenient to some persons; and
+therefore he was not surprised at the assertion, that the adoption of
+the Bill before the House would operate to injure the interests of
+particular persons. The apprehension of such injury was, however, in his
+judgment, unfounded. But still, those who expressed the apprehension
+were entitled to attention; and the objections which certain petitioners
+urged against this Bill, would, he had no doubt, meet all due
+consideration in the committee. The fact was, as to the statute of
+Elizabeth, that its existence served to create monopolies; and the
+effect of those monopolies was, that when the demand for an article was
+large, the price was enhanced to the public; while, when the demand
+became small, many workmen were thrown out of employment. Therefore, the
+repeal of that statute would tend to serve both the public and the
+workmen. As to the argument advanced in support of the statute of
+Elizabeth, merely in consequence of its antiquity, he could not admit
+that it had any force. He declared that his ears were quite tired of the
+phrase "the wisdom of our ancestors," which phrase was, in fact,
+calculated only to impose upon the superficial. For, after all, what
+did this phrase mean? The world was younger in the time of our
+ancestors, although they were older than us. Time, Lord Bacon said, was
+the greatest innovator; and if, at this advanced time of the world,
+after all our experience, we could not improve upon the system of our
+ancestors, our intellects must be what would hardly be asserted, not
+only quite unequal to theirs, but infinitely inferior. How, then, could
+it be pretended, that the same legislative arrangements applied in the
+reign of Elizabeth, when the trade of the whole British Empire was not
+equal to that of the port of London at this day, was strictly applicable
+at present, and suited to our improved situation?
+
+_Mr. Serjeant Onslow_ replied, and, observing upon the petitions on the
+table against the Bill, expressed his conviction that they were not the
+unsolicited acts of the petitioners; as indeed appeared from several
+placards about town, inviting signatures to such petitions; and those
+petitioners, he meant especially the journeymen mechanics, would find
+the repeal of the Act of Elizabeth rather materially serviceable, than
+in any degree injurious to their interests.
+
+The Bill was read a second time, and ordered to be committed on Tuesday.
+
+[The apprenticeship regulations of the 5 Eliz. c. 4 were abolished by 54
+Geo. III. 96, 1814.]
+
+[Footnote 352: For enforcing the Statute of Apprentices.]
+
+[Footnote 353: Parliamentary Debates, Series I, Cols. 423-25, Vol.
+XXVII.]
+
+[Footnote 354: Parliamentary Debates, Series I, Vol. XXVII, Cols.
+563-74.]
+
+[Footnote 355: Parliamentary Debates, Series I, Vol. XXVII, Cols.
+879-884.]
+
+[Footnote 356: The apprenticeship regulations in the woollen industries
+had been set aside by Acts of Parliament, 1803 and 1809.]
+
+
+14. RESOLUTIONS OF THE WATCHMAKERS ON APPRENTICESHIP [_Report of
+Committee on Petitions of the Watchmakers, 1817 (VI)_], 1817.
+
+1. That the obvious intention of our ancestors, in enacting the statute
+of the 5 Elizabeth, cap. 4, was to produce and maintain a competent
+number and perpetual succession of masters and journeymen, of practical
+experience, to promote, secure, and render permanent the prosperity of
+the national arts and manufactures, honestly wrought by their ability
+and talents, inculcated by a mechanical education, called a seven years'
+apprenticeship; whereby according to the memorable words of the statute
+itself "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 time of scarcity and in time of plenty, a convenient
+proportion of wages."
+
+2. That it is by apprenticeships, that the practitioners in the arts and
+manufactures attain the high degree of perfection, whereby British
+productions have arrived at the great estimation in which they were
+heretofore held in foreign markets.
+
+8. That the apprenticed artisans have, collectively and individually, an
+unquestionable right to expect the most extended protection from the
+Legislature, in the quiet and exclusive use and enjoyment of their
+several and respective arts and trades, which the law has already
+conferred upon them as a property, as much as it has secured the
+property of the stockholder in the public funds; and it is clearly
+unjust to take the whole of the ancient established property and rights
+of any one class of the community, unless, at the same time, the rights
+and property of the whole commonwealth should be dissolved, and
+parcelled out anew for the public good.
+
+10. That in consequence of too minute a division of labour,
+injudiciously allowed in several manufactures, the workmen employed are
+not enabled to make throughout any one article however simple, or even
+to maintain themselves by their industry.
+
+11. That the unlimited or promiscuous introduction of various
+descriptions of persons without apprenticeship into the manufactures
+occasions a surplus of manufacturing poor, and an unnecessary
+competition, ruinous to the commercial capital and industry of the
+nation; because the overflow of goods causes all the productions of the
+manufacturies to fall in price, and be sold to foreigners for less money
+than they cost in making; which deficiencies are necessarily made up by
+the ruin of the master manufacturers, bankruptcies, and dividends to
+creditors; and are the cause of increased parochial and other rates,
+thus necessarily created, for the support of the poor workmen, who are
+deprived of the fair price of their honest labour.
+
+17. That the system of apprenticeships, whether considered in a
+religious, political or moral point of view, is highly beneficial to the
+State, and from the neglect thereof is to be attributed the great
+defalcation of public morals, the numerous frauds committed in trade,
+the increased numbers of juvenile criminals, public trials and
+executions.
+
+18. That the pretensions to the allowance of universal uncontrolled
+freedom of action to every individual founded upon the same delusive
+theoretical principles which fostered the French Revolution, are wholly
+inapplicable to the insular situation of this Kingdom, and if allowed to
+prevail, will hasten the destruction of the social system so happily
+arranged in the existing form and substance of the British constitution,
+established by law.
+
+19. That the meeting highly approves the proceedings of the 62,875
+masters and journeymen, who have already presented petitions, to the
+House of Commons, praying for leave to bring a Bill into Parliament to
+amend, extend and make more effectual the statute of apprenticeship, 5
+Elizabeth, chap. 4.
+
+21. That the most effectual preventive against and check upon
+combinations of journeymen, as also of masters in any trade, is for the
+persons engaged in such trades to take apprentices as required by law.
+
+
+15. REPORT OF COMMITTEE ON THE RIBBON WEAVERS [_Report of Committee on
+the Ribbon Weavers, 1818 (IX)_], 1818.
+
+Your Committee also report, That it appears by the examination that the
+silk, and ribbon weavers in particular, are and have been for some time
+past suffering great privations and distress, arising out of inadequate
+wages; that such distress has had the effect of reducing thousands of
+them to seek parochial aid, and have, in consequence, increased the
+poor-rate, especially in the parishes of Coventry and in the County of
+Warwick, where the ribbon trade is the staple manufacture, to an extent
+too burdensome to be much longer borne.
+
+That the low rate of wages complained of by the Petitioners is not in
+consequence of the want of trade, it having been proved to your
+committee that there are as many silk goods, particularly ribbons, now
+making, as at any former time.
+
+That a system of half-pay apprenticeship has been resorted to, which has
+been attended with ruinous consequences to the morals of such
+apprentices, and exceedingly injurious to the trade.
+
+That the evils complained of do not exist in London, Westminster, and
+Middlesex; which your committee believe to be owing to the provisions
+of the act called the Spitalfields Act, which extend to those places,
+the effects of which are fully detailed in the evidence.
+
+That the whole of the masters and weavers in the Ribbon Trade concur in
+the propriety of an extension of the Spitalfields Act.
+
+Your Committee are, therefore, of opinion, that it is absolutely
+necessary, for the protection of the weavers in the silk trade, and the
+ribbon trade in particular, and to enable them to support themselves and
+families, and also for protecting the parishes in which these trades are
+carried on, that some legislative interference should take place; and
+your committee think that a remedy could be found in the extension of
+the provisions of the Spitalfields and Dublin Acts, or at least a trial
+of that extension for a period of a few years, by way of experiment.
+
+Your committee cannot but remark, that whilst the Statute of 5th
+Elizabeth, c. 4, was in force, that the distressing circumstances now
+complained of, never occurred.
+
+3 June, 1818.
+
+
+16. THE COTTON FACTORY ACT OF 1819 [_Statutes, 59 Geo. III, 66_], 1819.
+
+ An Act to make further Provisions for the Regulation of Cotton Mills
+ and Factories, and for the better Preservation of the Health of young
+ Persons employed therein.
+
+I. No child shall be employed in any description of work, for the
+spinning of cotton wool into yarn, or in any previous preparation of
+such wool, until he or she shall have attained the full age of nine
+years.
+
+II. And be it further enacted, that no person, being under the age of
+sixteen years, shall be employed in any description of work whatsoever,
+in spinning cotton wool into yarn, or in the previous preparation of
+such wool, or in the cleaning or repairing of any mill, manufactory or
+building, or any millwork or machinery therein, for more than twelve
+hours in any one day, exclusive of the necessary time for meals; such
+twelve hours to be between the hours of five o'clock in the morning and
+nine o'clock in the evening.
+
+III. And be it further enacted, that there shall be allowed to every
+such person, in the course of every day, not less than half an hour to
+breakfast, and not less than one full hour for dinner; such hour for
+dinner to be between the hours of eleven o'clock in forenoon and two
+o'clock in the afternoon.
+
+IV. Provided nevertheless, and be it further enacted, that if at any
+time, in any such mill, manufactory or buildings as are situated upon
+streams of water, time shall be lost in consequence of the want of a due
+supply, or of an excess of water, then and in every such case, and so
+often as the same shall happen, it shall be lawful for the proprietors
+of any such mill, manufactory or building, to extend the before
+mentioned time of daily labour, after the rate of one additional hour
+per day, until such lost time shall have been made good, but no longer.
+
+V. And be it further enacted, that the ceilings and interior walls of
+every such mill, manufactory, or building shall be washed with quick
+lime and water twice in every year.
+
+
+17. OASTLER'S FIRST LETTER ON YORKSHIRE SLAVERY [_The Leeds Mercury,
+Saturday, October 16, 1830_], 1830.
+
+Slavery in Yorkshire.
+
+To the editors of the Leeds Mercury.
+
+ "It is the pride of Britain that a Slave cannot exist on her soil;
+ and if I read the genius of her constitution aright, I find that
+ Slavery is most abhorrent to it--that the air which Britons breathe
+ is free--the ground on which they tread is sacred to liberty."
+
+ Rev. R.W. Hamilton's Speech at the Meeting held in the Cloth-Hall
+ Yard, Sept. 22nd, 1830.[357]
+
+Gentlemen,--No heart responded with truer accents to the sounds of
+liberty which were heard in the Leeds Cloth-hall yard, on the 22nd
+instant, than did mine, and from none could more sincere and earnest
+prayers arise to the throne of Heaven, that hereafter Slavery might only
+be known to Britain in the pages of her history. One shade alone
+obscured my pleasure, arising not from any difference in principle, but
+from the want of application of the general principle _to the whole
+Empire_. The pious and able champions of _Negro_ liberty and _Colonial_
+rights should, if I mistake not, have gone farther than they did; or
+perhaps, to speak more correctly, before they had travelled so far as
+the West Indies, should, at least for a few moments, have sojourned in
+our immediate neighbourhood, and have directed the attention of the
+meeting to scenes of misery, acts of oppression and victims of Slavery,
+even on the threshold of our homes!
+
+Let the truth speak out, appalling as the statements may appear. The
+fact is true. Thousands of our fellow-creatures and fellow-subjects,
+both male and female, the inhabitants of a _Yorkshire-town_, (Yorkshire
+now represented in Parliament by the giant of anti-slavery
+principles,[358]) are at this very moment existing in a state of slavery
+_more horrid_ than are the victims of that hellish system--"_Colonial
+Slavery._" These innocent creatures drawl out unpitied their short but
+miserable existence, in a place famed for its profession of religious
+zeal, whose inhabitants are ever foremost in _professing_ "Temperance"
+and "Reformation," and are striving to outrun their neighbours in
+Missionary exertions, and would fain send the Bible to the farthest
+corner of the Globe--aye in the very place where the anti-slavery fever
+rages most furiously, her _apparent charity_ is not more admired on
+earth, than her _real_ cruelty is abhorred in heaven. The very streets
+which receive the droppings of an "Anti-Slavery Society" are every
+morning wet with the tears of innocent victims at the accursed shrine of
+avarice, who are compelled (not by the cart-whip of the negro
+slave-driver) but by the dread of the equally appalling thong or strap
+of the overlooker, to hasten half-dressed, _but not half-fed_, to those
+magazines of British Infantile Slavery--_the Worsted Mills in the town
+and neighbourhood of Bradford_!!!
+
+ * * * * *
+
+Thousands of little children, both male and female, _but principally
+female_, from SEVEN to fourteen years, are daily _compelled_ to _labour_
+from six o'clock in the morning to seven in the evening with
+only--Britons, blush whilst you read it!--_with only thirty minutes
+allowed for eating and recreation_.
+
+ * * * * *
+
+The Blacks may be fairly compared to beasts of burden _kept for their
+master's use_. The whites to those _which others keep and let for
+hire\_! If I have succeeded in calling the attention of your readers to
+the horrid and abominable system on which the worsted mills in and near
+Bradford are conducted, I have done some good. Why should not children
+working in them be protected by legislative enactments, as well as those
+who work in cotton mills. Christians should feel and act for those whom
+Christ so eminently loved and declared that "of such is the kingdom of
+heaven."
+
+Your insertion of the above in the Leeds Mercury, at your earliest
+convenience, will oblige, Gentlemen,
+
+ Your most obedient servant,
+ Richard Oastler.
+
+Fixby Hall, near Huddersfield, Sept. 29th, 1830.
+
+[Footnote 357: September 22, 1830, an anti-Slavery meeting at the
+Coloured Cloth Hall, Leeds, addressed by Lord Morpeth, Henry Brougham,
+etc., in favour of the abolition of Slavery in the British colonies.]
+
+[Footnote 358: Brougham.]
+
+
+18. FACTORY ACT [_Statutes, 3 and 4 Wm. IV, 103_], 1833.
+
+ An Act to regulate the Labour of Children and young Persons in the
+ Mills and Factories of the United Kingdom.
+
+... no person under eighteen years of age shall be allowed to work in
+the night, that is to say between the hours of half-past eight o'clock
+in the evening and half-past five o'clock in the morning, except as
+hereinafter provided, in or about any cotton, woollen, worsted, hemp,
+flax, tow, linen, or silk mill or factory....
+
+II. And be it further enacted, that no person under the age of eighteen
+years shall be employed in any such mill or factory in such description
+of work as aforesaid more than twelve hours in any one day, nor more
+than sixty-nine hours in any one week, except as hereinafter provided.
+
+VI. And be it further enacted, that there shall be allowed in the course
+of every day not less than one and a half hours for meals to every such
+person restricted as hereinbefore provided to the performance of twelve
+hours work daily.
+
+VII. And be it enacted, that from and after the first day of January one
+thousand eight hundred and thirty-four it shall not be lawful for any
+person whatsoever to employ in any factory or mill as aforesaid, except
+in mills for the manufacture of silk, any child who shall not have
+completed his or her ninth year of age.
+
+VIII. And be it further enacted, that from and after the expiration of
+six months after the passing of this act, it shall not be lawful for any
+person whatsoever to employ, keep, or allow to remain in any factory or
+mill as aforesaid for a longer time than forty-eight hours in any one
+week, nor for a longer time than nine hours in any one day, except as
+herein provided, any child who shall not have completed his or her
+eleventh year of age, or after the expiration of eighteen months from
+the passing of this act any child who shall not have completed his or
+her twelfth year of age, or after the expiration of thirty months from
+the passing of this act any child who shall not have completed his or
+her thirteenth year of age: Provided nevertheless, that in mills for the
+manufacture of silk children under the age of thirteen years shall be
+allowed to work ten hours in any one day.
+
+[XI. No child under thirteen to be employed without a certificate that
+the child is of normal strength and appearance.]
+
+XVII.... it shall be lawful for His Majesty by Warrant under his Sign
+Manual to appoint during His Majesty's pleasure four persons to be
+Inspectors of factories and places where the labour of children and
+young persons under eighteen years of age is employed, ... and such
+Inspectors or any of them are hereby empowered to enter any factory or
+mill, and any school attached or belonging thereto, at all times and
+seasons by day or by night, when such mills or factories are at work....
+
+XVIII. And be it further enacted, that the said Inspectors or any of
+them shall have power and are hereby required to make all such rules,
+regulations, and orders as may be necessary for the due execution of
+this act, which rules, regulations, and orders shall be binding on all
+persons subject to the provisions of this act; and such inspectors are
+also hereby authorised and required to enforce the attendance at school
+of children employed in factories according to the provisions of this
+act....
+
+XX. And be it further enacted, that from and after the expiration of six
+months from the passing of this act, every child hereinbefore restricted
+to the performance of forty-eight hours of labour in any one week shall,
+so long as such child shall be within the said restricted age, attend
+some school....
+
+
+19. PROPOSALS FOR A WAGES BOARD FOR HAND-LOOM WEAVERS [_First Report
+from Committee on Hand-loom Weavers' Petitions, 1834 (X), pp. 48-9_],
+1834.
+
+_Evidence of Hugh Mackenzie, June 28, 1834._
+
+Have the goodness to explain to the Committee ... what are the boards of
+trade for which you have sent up petitions to the House?
+
+We have endeavoured upon many occasions to make this system of a board
+of trade, which we pray for, as well understood as possible.... Now the
+old Spitalfields Act every one that is not friendly to the present
+proposed plans of boards of trade never fails to bring forward as an
+objection, as a thing which has been practically tried and failed. There
+is, however, nothing more different. The Spitalfields Act carried its
+own ruin in its constitution; it was framed upon the principle of being
+local, and confined to one place only. It was impossible that such an
+act could stand long, for whilst competition went on in the country,
+other manufacturers who were only at ten miles distance, or anywhere
+where the act did not extend, were at liberty to set up the same kind of
+work, and pay for it, without any transgression of the law, at a great
+reduction. This being the case, the trade of Spitalfields then began to
+spread to different parts of the country where the act did not extend;
+the consequence was, that Spitalfields was soon undersold by cheaper
+goods than it could make itself, and this led to the ruin of the
+Spitalfields Act. But had the thing been made general, and extended over
+the whole nation, the towns in the neighbourhood could not have
+underwrought Spitalfields; they would have been on the same footing. Had
+that act been made general, it would have been very good for the country
+at large; not the fixed price that the Spitalfields Act contained, but
+the minimum, the lowest price; it might rise and fall according to the
+circumstances of the trade. Now our views of it are exactly and
+principally founded upon that; a board of trade that shall extend over
+the whole nation, and that it shall be under one superintending head. We
+suppose that that superintending head could be nothing short of His
+Majesty's Board of Trade in London, and that boards of trade in local
+places in the country, who are only branches, locally established, not
+to do as themselves pleased, but they are to be all subordinate to one
+general board: that these boards shall be at all times guided by the
+circumstances of the times; and that this data, or lowest minimum of
+price, shall be taken from what the manufacturer or manufacturers of
+respectability are able and willing to pay, provided that others were
+obliged to pay the same prices with him, and that he could not be
+undersold in the market: that the foreign trade shall by no means be
+excluded from the consideration of the board; they are to be taken into
+consideration whether it is expedient that the prices shall be brought
+down a little, or up a little, just as the nature of trade might
+require....
+
+Have you any parties introduced in these boards of trade consisting of
+masters and workmen, who would belong to neither party, who would act in
+conjunction with them in arbitrating where there was a difference of
+opinion whether the master paid too little or too much wages? Yes, we
+had conceived that the self-interest of both parties might induce them
+to differ, supposing an equal number of manufacturers and weavers
+composed this board; and one party under such circumstances must of
+course be in the wrong. Now the only arbiter that could be brought forth
+under such circumstances must be a neutral, that was pretty well versed
+in the nature of trade, and that arbitrator could be none other than His
+Majesty's Board of Trade in London.
+
+In Glasgow or anywhere in Scotland, have you a board of trade in
+operation upon the principles you approve of, that you think would
+answer all purposes? It is going on just now; it is working at Paisley
+very finely, and at Glasgow.
+
+ * * * * *
+
+Just explain those principles as far as you can? The working of the
+Paisley board at the present time, and the working of the Glasgow board,
+are exactly upon the same principles. The principle is this, that for
+all the species of work made at Paisley, the manufacturers made out a
+table of prices, and the weavers made out another; they were
+reciprocally handed to each other for correction, and the result was,
+they came to a mutual agreement; they entered into a 12 months'
+agreement, that they would issue no more work out to their workmen
+below the minimum price fixed, say it was 1s. for a certain fabric.[359]
+
+[Footnote 359: _Cf._ Fielden's proposals, as reported by the Committee's
+Second Report, 1835 (XIII), p. 14.
+
+"The principal feature of Mr. Fielden's Bill is, that returns shall be
+made every three or six months of the prices of weaving paid by the
+smallest number of manufacturers, who collectively made one-half of the
+goods of any description in the parish or township whence the returns
+are sent, and the average of the highest prices paid by a majority of
+such manufacturers, shall be the lowest price to be paid in such parish
+or township during the succeeding three or six months. The effects of
+the measure would be to withdraw from the worst-paying masters the power
+which they now possess of regulating wages, and to confer it upon those
+whose object it is to raise the condition and character of the
+workpeople."]
+
+
+20. COAL MINES REGULATION ACT [_Statutes 5 and 6, Victoria 99_], 1842.
+
+An Act to prohibit the employment of women and girls in mines and
+collieries, to regulate the employment of boys, and to make other
+provisions relating to persons working therein.
+
+... That from and after the passing of this act it shall not be lawful
+for any owner of any mine or colliery whatsoever to employ any female
+person within any mine or colliery, or permit any female person to work
+or be therein, for the purpose of working therein, other than such as
+were at or before the passing of this act employed within such mine or
+colliery; and that from and after three calendar months from the passing
+of this act it shall not be lawful for any owner of any mine or colliery
+to employ any female person who at the passing of this act shall be
+under the age of eighteen years within any mine or colliery....
+
+II.... That from and after the first day of March, one thousand eight
+hundred and forty-three, it shall not be lawful for any owner of any
+mine or colliery to employ any male person under the age of ten years
+... other than such as at the passing of this act shall have attained
+the age of nine years, and were at or before the passing of this act
+employed within such mine or colliery.
+
+III.... That it shall be lawful for one of Her Majesty's principal
+Secretaries of State, if and when he shall think fit, to appoint any
+proper person or persons to visit and inspect any mine or colliery; and
+it shall be lawful for every person so authorised to enter and examine
+such mine or colliery ... at all times and seasons, by day or by night,
+and to make inquiry touching any matter within the provisions of this
+act; ...
+
+[VII. No provision of the Act to affect employment on the surface.]
+
+X. And whereas the practice of paying wages to workmen at public houses
+is found to be highly injurious to the best interests of the working
+classes; be it therefore enacted, that from and after the expiration of
+three months from the passing of this act no proprietor or worker of any
+mine or colliery, or other person, shall pay or cause to be paid any
+wages ... at or within any tavern, public house, beer shop, or other
+house of entertainment.
+
+[XI. Wages so paid can be recovered as if no payment made.]
+
+
+21. DEBATE ON FACTORY LEGISLATION [_Parliamentary Debates, 3rd Series,
+Vol. 73, Cols. 1073-1151_], 1844.
+
+Hours of Labour in Factories. House of Commons in Committee on the
+Factories Bill. March 15, 1844.
+
+_Lord Ashley_ rose to propose the amendment of which he had given
+notice--
+
+"That, the word 'night' shall be taken to mean from six o'clock in the
+evening to six o'clock in the following morning; and the word 'mealtime'
+shall be taken to mean an interval of cessation from work for the
+purpose of rest and refreshment, at the rate of two hours a day, with a
+view to effect a limitation of the hours of labour to ten in the day."
+
+The form of my amendment (said the noble Lord) requires some preliminary
+explanation. I move it in its present shape at the suggestion of my
+right hon. friend and the Government, though I fear that in adopting
+that course I subject myself to some disadvantage. The House will allow
+me at the outset to explain my amendment. I propose that the word
+"night," in this clause shall be taken to mean from six o'clock in the
+evening till six on the following morning, that will leave twelve clear
+hours during which work shall cease, and I propose further, that out of
+the twelve hours of day, there shall be two hours during which there
+shall be a cessation of labour; but that no person shall be affected by
+this amendment, except those who, under clause ten, are guaranteed
+against night-work, children, and young persons under thirteen years of
+age. If I succeed in this amendment it will be necessary to make some
+corresponding alteration in the eighth clause. The tenth clause I
+propose to leave, as that will afford an opportunity of giving some
+relaxation through the summer months. During the winter months, that is
+from the 15th of October to the 15th of March, hours of labour are not
+to exceed ten, two being for meals; but during the summer months, that
+is from the 15th of March to the 15th of October, the hours to be twelve
+and two for meals, making fourteen in the whole. Now, I would say with a
+view to conciliate opposition, that though I shall be ready to propose,
+as I intend to do, to limit the labour of all young persons and children
+to ten hours in each day, I am yet willing to obtain that object in
+parts and by degrees; that is, I propose to limit the hours of labour
+for such persons to eleven hours a day from the 1st of October in the
+present year, and ten hours a day from the 1st of October, 1845. Nearly
+eleven years have now elapsed since I first made the proposition to the
+House which I shall renew this night. Never, at any time, have I felt
+greater apprehension or even anxiety; not through any fear of personal
+defeat, for disappointment is "the badge of all our tribe;" but because
+I know well the hostility that I have aroused, and the certain issues of
+indiscretion on my part affecting the welfare of those who have so long
+confided their hopes and interests to my charge.
+
+And here let me anticipate the constant, but unjust, accusation that I
+am animated by a peculiar hostility against factory masters, and I have
+always selected them as exclusive objects of attack. I must assert that
+the charge, though specious, is altogether untrue. I began, I admit,
+this public movement by an effort to improve the condition of the
+factories; but this I did, not because I ascribed to that department of
+industry a monopoly of all that was pernicious and cruel, but because it
+was then before the public eye, comprised the wealthiest and most
+responsible proprietors, and presented the greatest facilities for
+legislation.
+
+As soon as I had the power, I showed my impartiality by moving the House
+for the Children's Employment Commission. The curious in human suffering
+may decide on the respective merits of the several reports; but factory
+labour has no longer an unquestionable pre-eminence of ill fame; and we
+are called upon to give relief, not because it is the worst system, but
+because it is oppressive, and yet capable of alleviation. Sir, I confess
+that ten years of experience have taught me that avarice and cruelty are
+not the peculiar and inherent qualities of any one class or
+occupation--they will ever be found where the means of profit are
+combined with great and, virtually, irresponsible power--they will be
+found wherever interest and selfishness have a purpose to serve, and a
+favourable opportunity.
+
+ * * * * *
+
+This will conclude the statement that I have to make to the House--and
+now, sir, who will assert that these things should be permitted to
+exist? Who will hesitate to apply the axe to the root of the tree, or,
+at least, endeavour to lop off some of its deadliest branches? What
+arguments from general principles will they adduce against my
+proposition? What, drawn from peculiar circumstances? They cannot urge
+that particular causes in England give rise to particular results; the
+same cause prevails in various countries; and wherever it is found, it
+produces the same effects. I have already stated its operation in
+France, in Russia, in Switzerland, in Austria, and in Prussia; I may add
+also in America; for I perceive by the papers of the 1st of February,
+that a Bill has been proposed in the Legislature of Pennsylvania, to
+place all persons under the age of sixteen within the protection of the
+"ten hours" limit. I never thought that we should have learned justice
+from the City of Philadelphia. In October last I visited an immense
+establishment in Austria, which gives employment to several hundred
+hands; I went over the whole, and conversed with the managers, who
+detailed to me the same evils and the same fruits as those I have
+narrated to the House--prolonged labour of sixteen, and seventeen hours,
+intense fatigue, enfeebled frame, frequent consumptive disorders, and
+early deaths--yet the locality had every advantage; well-built and airy
+houses in a fine open country, and a rural district; nevertheless, so
+injurious are the effects, that the manager added, stating at the same
+time the testimony of many others who resided in districts where mills
+are more abundant, that, in ten years from the time at which he spoke,
+"there would hardly be a man in the whole of those neighbourhoods fit
+to carry a musket."
+
+Let me remind, too, the House of the mighty change which has taken place
+among the opponents to this question. When I first brought it forward in
+1833, I could scarcely number a dozen masters on my side, I now count
+them by hundreds. We have had, from the West Riding of Yorkshire, a
+petition signed by 300 mill-owners, praying for a limitation of labour
+to ten hours in the day. Some of the best names in Lancashire openly
+support me. I have letters from others who secretly wish me well, but
+hesitate to proclaim their adherence; and even among the members of the
+Anti-Corn-Law League, I may boast of many firm and efficient friends.
+Sir, under all the aspects in which it can be viewed, this system of
+things must be abrogated or restrained--it affects the internal
+tranquillity of those vast provinces, and all relations between employer
+and employed--it forms a perpetual grievance and ever comes uppermost
+among their complaints in all times of difficulty and discontent. It
+disturbs the order of nature, and the rights of the labouring men, by
+ejecting the males from the workshop, and filling their places by
+females, who are thus withdrawn from all their domestic duties and
+exposed to insufferable toil at half the wages that would be assigned to
+males, for the support of their families. It affects--nay, more, it
+absolutely annihilates, all the arrangements and provisions of domestic
+economy--thrift and management are altogether impossible; had they twice
+the amount of their present wages, they would be but slightly
+benefited--everything runs to waste; the house and children are
+deserted; the wife can do nothing for her husband and family; she can
+neither cook, wash, repair clothes, nor take charge of the infants; all
+must be paid for out of her scanty earnings, and, after all, most
+imperfectly done. Dirt, discomfort, ignorance, recklessness, are the
+portion of such households; the wife has no time for learning in her
+youth, and none for practice in her riper age; the females are most
+unequal to the duties of the men in the factories; and all things go to
+rack and ruin, because the men can discharge at home no one of the
+especial duties that Providence has assigned to the females. Why need I
+detain the House by a specification of these injurious results? They
+will find them stated at painful length in the Second Report of the
+Children's Employment Commission. Consider it, too, under its physical
+aspect! Will the House turn a deaf ear to the complaints of suffering
+that resound from all quarters? Will it be indifferent to the physical
+consequences on the rising generation? You have the authority of the
+Government Commissioner, Dr. Hawkins, a gentleman well skilled in
+medical statistics--
+
+ "I have never been (he tells you) in any town in Great Britain or in
+ Europe, in which degeneracy of form and colour from the national
+ standard has been so obvious as in Manchester."
+
+I have, moreover, the authority of one of the most ardent antagonists,
+himself a mighty mill-owner, that, if the present system of labour be
+persevered in, the "county of Lancaster will speedily become a province
+of pigmies." The toil of the females has hitherto been considered the
+characteristic of savage life; but we, in the height of our refinement,
+impose on the wives and daughters of England a burthen from which, at
+least during pregnancy, they would be exempted even in slave-holding
+states, and among the Indians of America. But every consideration sinks
+to nothing compared with that which springs from the contemplation of
+the moral mischiefs this system engenders and sustains. You are
+poisoning the very sources of order and happiness and virtue; you are
+tearing up, root and branch, all the relations of families to each
+other; you are annulling, as it were, the institution of domestic life,
+decreed by Providence Himself, the wisest and kindest of earthly
+ordinances, the mainstay of social peace and virtue, and therein of
+national security.
+
+_Right Hon. Sir J.R.G. Graham[360]:_
+
+Sir, I never rose to discharge any duty in this House which I considered
+at the same time more painful and more imperative. The pain, I must
+admit, is considerably increased by the eloquence of the address which
+my noble friend has just concluded, and especially of the passage which
+marked the close of his speech. The noble lord has asked whether any man
+will be found in this House to resist the proposal which he has thought
+it his duty to make, and he has appealed to considerations of justice
+and mercy, intimating, if not directly, at least by implication, that
+resistance to his motion is inconsistent both with justice and mercy. I,
+on the other hand, having due regard to those sacred principles which my
+noble friend has invoked, am bound, on my own part, and on the part of
+the Government, to offer to the proposal of the noble Lord my decided
+opposition.
+
+The noble lord said, the time is come when, in his opinion, it is
+necessary to lay the axe to the root of the tree. Before we do this let
+me entreat the Committee carefully to consider what is that tree which
+we are to lay prostrate. If it be, as I suppose, the tree of the
+commercial greatness of this country, I am satisfied that although some
+of its fruits may be bitter, yet upon the whole it has produced that
+greatness, that wealth, that prosperity, which make these small islands
+most remarkable in the history of the civilised world, which, upon the
+whole, diffuse happiness amidst this great community, and render this
+nation one of the most civilised, if not the most civilised, and
+powerful on the face of the globe.
+
+ * * * * *
+
+My noble friend stated that he would not enter into the commercial part
+of the question; but if I can show that the inevitable result of the
+abridgement of time will be the diminution of wages to the employed,
+then I say, with reference to the interests of the working classes
+themselves, there never was a more doubtful question before Parliament
+than this. The House will remember that the branches of manufacture
+affected by this Bill are dependent upon machinery. Such is the rapidity
+with which improvements are made, that no machinery can last more than
+twelve or thirteen years without alterations; and master manufacturers
+have been obliged to pull down machinery that was perfectly sound and
+good to make the necessary alterations which competition forces upon
+them. Well, then, it is necessary to replace machinery in the course of
+twelve or thirteen years. You are now discussing whether you shall
+abridge by one-sixth the period of time in which capital is to be
+replaced, all interest upon it paid, and the original outlay restored.
+Such an abridgement would render it impossible that capital with
+interest should be restored. Then in the close race of competition which
+our manufacturers are now running with foreign competitors, it must be
+considered what effect this reduction of one-sixth of the hours of
+labour would have upon them. The question in its bearing upon
+competition must be carefully considered; and I have been informed that
+in that respect such a step would be fatal to many of our
+manufacturers--a feather would turn the scale: an extra pound weight
+would lose the race. But that would not be the first effect. The first
+effect would fall upon the operative. It is notorious that a great part
+of the power of the mill-owners, a power which alone justifies such
+legislation as this, arises from the redundant supply of labour. It
+follows that when a master is pressed upon by your legislation, he will
+compensate himself by forcing upon those in his employ a decrease of
+wages. I believe the large majority of intelligent operatives comprehend
+that proposition thoroughly. I have seen many, and conversed with them,
+and they have admitted that the proposal involves a necessary decrease
+of wages. In the report presented in 1841 by my excellent friend Mr.
+Horner, who has discharged with the most honourable fidelity the duty of
+inspector of factories, there is information upon this point, and with
+the permission of the House I will read a passage--a single passage
+only--but one which goes to the root of the whole subject. Mr. Horner
+said:
+
+ "I have made an estimate of the loss a mill would sustain from
+ working eleven hours a day only instead of twelve, and I find it
+ would amount to £850 per annum. If it were reduced to ten hours, it
+ would be about £1,530 per annum. Unless, therefore, the mill-owner
+ can obtain a proportionately higher price for the commodity, he must
+ reduce wages or abandon his trade. I have made some calculations as
+ to the probable reduction of wages, and of the whole loss that would
+ be thrown on the operatives. I make the amount in the case of eleven
+ hours a day to be 13 per cent., and in the case of ten hours a day 25
+ per cent. at the present average rate of wages."
+
+Now, I believe this to be perfectly accurate. The question then arises,
+whether you shall create in the manufacturing districts one sudden
+general fall of wages to the amount of 25 per cent? I believe that the
+adoption of the motion of my noble friend would produce that effect.
+Though I am most anxious to take every precaution with regard to infant
+labour--though I am as firmly resolved as my noble friend to urge upon
+the House to put a limit upon female labour, still, upon the whole, I
+cannot recommend the House to adopt an enactment which limits the labour
+of young persons to a shorter period than twelve hours.
+
+_Mr. T. Milner Gibson_[361]:
+
+As the right hon. baronet had alluded to the argument of not destroying
+the profits upon manufactures, he (Mr. Gibson) would read some remarks
+upon that point by Mr. Senior, a gentleman whose name would be of great
+weight with hon. members. In 1836 or 1837, Mr. Senior, with some other
+gentlemen, went into the manufacturing districts with the view of
+ascertaining the effect of factory legislation, and making observations
+upon the factory population. Mr. Senior wrote a letter dated the 28th
+March, 1837, to Mr. Poulett Thomson to the following effect:--
+
+ "Under the present law, no mill in which persons under eighteen years
+ of age are employed (and, therefore, scarcely any mill at all), can
+ be worked more than eleven and a half hours a day, that is twelve
+ hours for five days in a week, and nine on Saturday. The following
+ analysis will show that in a mill so worked the whole net profit is
+ derived from the last hour. I will suppose a manufacturer of
+ 100,000l.--80,000l. in his mill and machinery, and 20,000l. in raw
+ material and wages. The annual return of that mill, supposing the
+ capital to be turned once a year, and gross profits to be 15 per
+ cent., ought to be goods worth 115,000l. produced by the constant
+ conversion and reconversion of the 20,000l. circulating capital, from
+ money into goods and from goods into money, in periods of rather more
+ than two months. Of this 115,000l., each of the 23 half hours of work
+ produces 5-115ths, or 1-23rd. Of these 23-23rds (constituting the
+ whole 115,000l.) 20, that is to say, 100,000l. out of the 115,000l.,
+ simply replace the capital; 1-23rd (or 5,000l. out of the 115,000l.)
+ makes up for the deterioration of the mill and machinery. The
+ remaining 2-23rds, the last two of the twenty-three half hours of
+ every day, produce the net profit of 10 per cent. If, therefore
+ (prices remaining the same), the factory could be kept at work
+ thirteen hours instead of eleven and a half, by an addition of about
+ 2,600l. to the circulating capital, the net profit would be more than
+ doubled. On the other hand, if the hours of working were reduced by
+ one hour per day (prices remaining the same), net profit would be
+ destroyed; if they were reduced by an hour and a half, even gross
+ profit would be destroyed. The circulating capital would be replaced,
+ but there would be no fund to compensate the progressive
+ deterioration of the fixed capital."
+
+It was clear that this principle of Mr. Senior's was sound, and if hon.
+gentlemen would consider it carefully they would find it indisputable.
+The House would consider whether they would not, as the right hon.
+baronet had expressed it, be affecting the safety and stability of the
+great staple manufactures, under the impression that they were
+legislating humanely for the working classes, while, in point of fact,
+the result would be that by the depreciation of manufactures, the
+greatest possible injury would be inflicted upon the operatives.
+
+_Mr. J. Bright_[362] said, It is with unfeigned reluctance that I rise
+to speak, having so recently addressed the House at some length, but
+being intimately connected with the branch of industry which is affected
+by the proposition now under consideration, and having lived all my life
+among the population most interested in this Bill, and having listened
+most attentively for more than two hours to the speech of the noble
+lord, the member for Dorsetshire, I think I am entitled to be heard on
+the question now under discussion. I have listened to that speech
+without much surprise, because I have heard or read the same speech, or
+one very like it, on former occasions, and I did not suppose that any
+material change had taken place in the opinions of the noble lord. It
+appears to me, however, that he has taken a one-sided view, a most
+unjust and unfair view of the question; it may not be intentionally, but
+still a view which cannot be borne out by facts; a view, moreover, which
+factory inspectors and their reports will not corroborate, and one
+which, if it influence the decision of this House, will be most
+prejudicial to that very class which the noble lord intends to serve.
+The right hon. baronet, the Secretary for the Home Department, who is, I
+presume, the promoter of this Bill, should have given the House some
+reason for the introduction of a new Factory Bill. No such reason has
+yet been given, and I am at a loss to discover any grounds on which it
+can with fairness be asserted that the Bill now in operation has failed
+in its effect. I know the inspectors affirm that it cannot be fully
+carried out. Every body who knows anything of the manufactories of the
+North, knew when it was passed that it could not be fully carried out;
+and the proposition now made, is to render this impracticable Act more
+stringent. In a trade so extensive, employing so many people, carried on
+under circumstances ever varying, no Act of Parliament interfering with
+the minute details of its management, can ever be fully carried out. I
+am not one who will venture to say that the manufacturing districts of
+this country are a paradise; I believe there are in those districts
+evils great and serious; but whatever evils do there exist are referable
+to other causes than to the existence of factories and long chimneys.
+Most of the statements which the noble lord has read, would be just as
+applicable to Birmingham, or to this metropolis, as to the northern
+districts; and as he read them over, with respect to the ignorance and
+intemperance of the people, the disobedience of children to their
+parents, the sufferings of mothers, and the privations which the
+children endure, I felt that there was scarcely a complaint which has
+been made against the manufacturing districts of the north of England,
+which might not be urged with at least as much force against the poorest
+portion of the population of every large city in Great Britain and
+Ireland. But among the population of Lancashire and Yorkshire, where
+towns are so numerous as almost to touch each other, these evils are
+more observable than in a population less densely crowded together. I
+can prove, however, and I do not wish to be as one-sided as the noble
+lord, I can prove from authorities, which are at least as worthy of
+attention as his, the very reverse in many respects of what he has
+stated as the true state of those districts. Now the Committee will bear
+in mind that a large portion of the documents which the noble lord has
+quoted, have neither dates nor names. I can give dates and names, and I
+feel confident that the authorities I shall cite are worthy of the
+deepest attention. I must go over the grounds of complaint which the
+noble lord has urged, and although I may run the risk of being a little
+tedious, yet considering that for two hours or more I have listened to
+the charges which he has made, I do think that, connected as I am most
+intimately with the population and the district to which the noble lord
+has alluded, I have a right to an audience for the counter-statement
+which I have to make. Now, with respect to the health of the persons
+employed, and I will speak more particularly of the cotton trade, with
+which I am more immediately connected, Mr. Harrison, the inspecting
+surgeon for Preston, says:--
+
+ "I have made very particular inquiries respecting the health of every
+ child whom I have examined, and I find that the average annual
+ sickness of each child is not more than four days; at least not more
+ than four days are lost by each child in a year in consequence of
+ sickness. This includes disorders of every kind, for the most part
+ induced by causes wholly unconnected with factory labour. I have been
+ not a little surprised to find so little sickness which can fairly be
+ attributed to mill work. I have met with very few children who have
+ suffered from injuries occasioned by machinery; and the protection,
+ especially in new factories, is now so complete, that accidents will,
+ I doubt not, speedily become rare. I have not met with a single
+ instance, out of 1,656 children whom I examined, of deformity that is
+ referable to factory labour. It must be admitted that factory
+ children do not present the same blooming, robust appearance, as is
+ witnessed among children who labour in the open air; but I question
+ if they are not more exempt from acute disease, and do not, on the
+ whole, suffer less sickness than those who are regarded as having
+ more healthy employments."
+
+This was the statement of a man who had for a long time been
+inspecting-surgeon in a district where there are a large number of
+mills, and it may be taken as a fair criterion of the rest. In the
+analysis of the Factory Report, page 16, I find the following
+statement:--
+
+ "In conclusion, then, it is proved, by a preponderance of seventy-two
+ witnesses against seventeen, that the health of those employed in
+ cotton mills is nowise inferior to that in other occupations; and,
+ secondly, it is proved by tables drawn up by the secretary of a sick
+ club, and by the more extensive tables of a London actuary, that the
+ health of the factory children is decidedly superior to that of the
+ labouring poor otherwise employed."
+
+From the Factory Inspector's Reports in 1834 I have extracted the
+following testimony, and no doubt this evidence is quite as good as if
+it had been given this year; for from that time to this there has been a
+progressive improvement in everything relating to the management of the
+factories of the north of England.
+
+ "The general tenor of all the medical reports in my possession
+ confirms Mr. Harrison's view of factory labour on the health of the
+ younger branches of working hands. It is decidedly not injurious to
+ health or longevity, compared with other employments." Then, in page
+ 51, Mr. Saunders says, "It appears in evidence, that of all
+ employments to which children are subjected, those carried on in
+ factories are among the least laborious, and of all departments of
+ in-door labour, amongst the least unwholesome." Mr. Horner says, "It
+ is gratifying to be able to state, that I have not had a single
+ complaint laid before me either on the part of the masters against
+ their servants, or of the servants against their masters; nor have I
+ seen or heard of any instance of ill-treatment of children, or of
+ injury to their health by their employment." And on the 21st of July,
+ 1834, speaking on the employment of children, he says: "And as their
+ occupation in the mills is so light as to cause no bodily fatigue,
+ they would pass their eight hours there as beneficially as at home;
+ indeed, in most cases, far more so."
+
+ * * * * *
+
+I think I have now said enough with regard to this part of the
+subject--apparently too much for hon. gentlemen opposite, who appear
+only anxious to hear and applaud one side, and many of whom have not
+even heard that. But notwithstanding all these facts I admit there are
+evils, serious evils, and much distress in the manufacturing districts;
+many are still out of employment, and in many branches of trade wages
+are low. We have violent fluctuations in trade, and periods when
+multitudes endure great suffering and it becomes this House to inquire
+why do these fluctuations occur, and what is the great cause of their
+suffering. I attribute much of this to the mistaken and unjust policy
+pursued by this House, with respect to the trade and industry of the
+country. Hitherto manufacturers have had no fair chance: you have
+interfered with their natural progress, you have crippled them by your
+restrictions, you have at times almost destroyed them by monopolies, you
+have made them the sources of your public revenue, and the upholders of
+your rents, but at your hands they have never to this moment received
+justice and fair dealing. I do not charge the noble lord with
+dishonesty, but I am confident if he had looked at this question with as
+anxious a desire to discover truth, as he has to find materials for his
+case, he would have found many subjects of congratulation to
+counterbalance every one which he would have had reason to deplore. The
+noble lord and hon. gentlemen opposite, when they view from their
+distant eminence the state of the manufacturing districts, look through
+the right end of the telescope; what they see is thus brought near to
+them, and is greatly magnified; but when they are asked to look at the
+rural districts, they reverse the telescope and then everything is
+thrown to the greatest possible distance and is diminished as much as
+possible.
+
+ * * * * *
+
+The noble lord, the Member for Liverpool, says, he is most anxious to
+improve the condition of the working classes; he points to more
+education, a higher state of morals, better food and better clothing, as
+the result of the adoption of the proposition now before the House. But
+there is one thing that the noble lord has failed to prove; he has
+failed to show how working only ten hours will give the people more
+sugar. The noble lord is the representative of the sugar monopolists of
+Liverpool, and, after voting to deprive the people of sugar, he is
+perfectly consistent in denying them the liberty even to work. The
+people ask for freedom for their industry, for the removal of the
+shackles on their trade; you deny it to them, and then forbid them to
+labour, as if working less would give them more food, whilst your
+monopoly laws make food scarce and dear. Give them liberty to work, give
+them the market of the world for their produce, give them the power to
+live comfortably, and increasing means and increasing intelligence will
+speedily render them independent enough and wise enough to bring the
+duration of labour to that point at which life shall be passed with
+less of irksome toil of every kind, and more of recreation and
+enjoyment. It is because I am convinced this project is now
+impracticable, and that under our present oppressive legislation, it
+would make all past injustice only more intolerable, that I shall vote
+against the proposition which the noble lord, the member for Dorset, has
+submitted to the House.
+
+[Footnote 360: _Ibid._ Cols. 1101-2 and 1108-9.]
+
+[Footnote 361: _Ibid._ Cols. 1111-2.]
+
+[Footnote 362: _Ibid._ Cols. 1132-5, 1148 and 1150-1.]
+
+
+22. Factory Act [_Statutes_ 7 _ana_ 8, _Victoria_ 15], 1844.
+
+An Act to amend the Laws relating to Labour in Factories.
+
+XX. And be it enacted, that no child or young person shall be allowed to
+clean any part of the mill-gearing in a factory while the same is in
+motion for the purpose of propelling any part of the manufacturing
+machinery; and no child or young person shall be allowed to work between
+the fixed and traversing part of any self-acting machine while the
+latter is in motion by the action of the steam engine, water-wheel, or
+other mechanical power.
+
+XXI. And be it enacted, that every fly-wheel directly connected with the
+steam engine or water-wheel or other mechanical power, whether in the
+engine house or not, and every part of a steam engine and water-wheel,
+and every hoist or teagle, near to which children or young persons are
+liable to pass or be employed, and all parts of the mill-gearing in a
+factory, shall be securely fenced; and every wheel-race not otherwise
+secured shall be fenced close to the edge of the wheel-race; and the
+said protection to each part shall not be removed while the parts
+required to be fenced are in motion by the action of the steam engine,
+water-wheel, or other mechanical power for any manufacturing process.
+
+XXIV. And be it enacted, that one of Her Majesty's principal Secretaries
+of State, on the report and recommendation of an inspector, may empower
+such inspector to direct one or more actions to be brought in the name
+and on behalf of any person who shall be reported by such inspector to
+have received any bodily injury from the machinery of any factory, for
+the recovery of damages for and on behalf of such person.
+
+XXIX. And be it enacted, that every child who shall have completed his
+eighth year, and shall have obtained the surgical certificate required
+by this act of having completed his eighth year, may be employed in a
+factory in the same manner and under the same regulations as children
+who have completed their ninth year; but no child under eight years of
+age shall be employed in any factory.
+
+XXX. And be it enacted, that no child shall be employed in any factory
+more than six hours and thirty minutes in any one day, save as
+hereinafter excepted, unless the dinner time of the young persons in
+such factory shall begin at one of the clock, in which case children
+beginning to work in the morning may work for seven hours in one day;
+and no child who shall have been employed in a factory before noon of
+any day shall be employed in the same or any other factory, either for
+the purpose of recovering lost time or otherwise, after one of the clock
+in the afternoon of the same day, save in the cases when children may
+work on alternate days, or in silk factories more than seven hours in
+any one day, as hereinafter provided.
+
+XXXI. And be it enacted, that in any factory in which the labour of
+young persons is restricted to ten hours in any one day it shall be
+lawful to employ any child ten hours in any one day on three alternate
+days of every week, provided that such child shall not be employed in
+any manner in the same or in any other factory on two successive days,
+nor after half past four of the clock in the afternoon of any Saturday:
+Provided always, that the parent or person having direct benefit from
+the wages of any child so employed shall cause such child to attend some
+school for at least five hours between the hours of eight of the clock
+in the morning and six of the clock in the afternoon of the same day on
+each week day preceding each day of employment in the factory, unless
+such preceding day shall be a Saturday, when no school attendance of
+such child shall be required: Provided also, that on Monday in every
+week after that in which such child began to work in the factory, or any
+other day appointed for that purpose by the inspector of the District,
+the occupier of the factory shall obtain a certificate from a
+schoolmaster, according to the form and directions given in the schedule
+(A) to this act annexed, that such child has attended school as required
+by this act; but it shall not be lawful to employ any child in a factory
+more than seven hours in any one day, until the owner of the factory
+shall have sent a notice in writing to the inspector of the district of
+his intention to restrict the hours of labour of young persons in the
+factory to ten hours a day, and to employ children ten hours a day; and
+if such occupier of a factory shall at any time cease so to employ
+children ten hours a day he shall not again employ any child in his
+factory more than seven hours in any one day until he shall have sent a
+further notice to the inspector in the manner hereinbefore provided.
+
+XXXII. And be it enacted, that no female above the age of eighteen years
+shall be employed in any factory save for the same time and in the same
+manner as young persons may be employed in factories; and that any
+person who shall be convicted of employing a female above the age of
+eighteen years for any longer time or in any other manner shall for
+every such offence be adjudged to pay the same penalty as is provided in
+the like case for employing a young person contrary to law: provided
+always, that nothing herein or in the Factory Act contained as to
+certificates of age shall be taken to apply to females above the age of
+eighteen years.
+
+
+23. RECOMMENDATIONS OF THE COMMISSION ON THE HEALTH OF TOWNS [_Second
+Report of Commissioners on State of Large Towns and Populous Districts
+(XVIII), 1845, pp. 13-68_], 1845.
+
+That in all cases the local administrative body appointed for the
+purpose have the special charge and direction of all the works required
+for sanitary purposes, but that the Crown possess a general power of
+supervision.
+
+That before the adoption of any general measure for drainage a plan and
+survey upon a proper scale, including all necessary details, be
+obtained, and submitted for approval to a competent authority.
+
+That the Crown be empowered to define and to enlarge from time to time
+the area for drainage included within the jurisdiction of the local
+administrative body.
+
+That, upon representation being made by the municipal or other
+authority, or by a certain number of the inhabitants of any town or
+district, or part thereof, setting forth defects in the condition of
+such place, as to drainage, sewerage, paving, cleansing, or other
+sanitary matters, the Crown appoint a competent person to inspect and
+report upon the state of the defects, and, if satisfied of the
+necessity, have power to enforce upon the local administrative body the
+due execution of the law.
+
+That the management of the drainage of the entire area, as defined for
+each district, be placed under one jurisdiction.
+
+That the construction of sewers, branch sewers, and house drains, be
+entrusted to the local administrative body.
+
+That the duty of providing the funds necessary to be imposed upon the
+local administrative body, and that the cost of making the main and
+branch sewers be equitably distributed among the owners of the
+properties benefited; and that the expense of making the house-drains be
+charged upon the owners of the house, to which the drains are attached,
+etc.
+
+That some restriction be placed on the proportionate rates in the pound
+to be levied in one year, but if the local administrative body finds
+that there is need for larger funds, for the immediate execution of
+works for sanitary measures, than can be provided by such rates, it be
+empowered to raise, by loan on security of the rates, subject to the
+approval of the Crown, such sums as may be requisite for effecting the
+objects in view.
+
+That provision always be made for the gradual liquidation of such debts,
+within a given number of years.
+
+That the whole of the paving, and the construction of the surface of all
+streets, courts and alleys be placed under the management of the same
+authority as the drainage.
+
+That the provisions in local Acts, vesting the right to all the dust,
+ashes, and street refuse in the local administrative body, be made
+general; and that the cleansing of all privies and cess-pools at proper
+times, and on due notice, be exclusively entrusted to it.
+
+That it be rendered imperative on the local administrative body, charged
+with the management of the sewerage and drainage, to procure a supply of
+water in sufficient quantities not only for the domestic needs of the
+inhabitants, but also for cleansing the streets, scouring the sewers and
+drains, and the extinction of fire....
+
+That measures be adopted for promoting a proper system of ventilation in
+all edifices for public assemblage and resort, especially those for the
+education of youth.
+
+That, on complaint of the parish medical or other authorised officer,
+that any house or premises are in such a filthy and unwholesome state as
+to endanger the health of the public, and an infectious disorder exists
+therein, the local administrative body have power to require the
+landlord to cleanse it properly, without delay; and in case of his
+neglect or inability, to do so by its own officers, and recover the
+expense from the landlord.
+
+That the local administrative body have power to appoint, subject to the
+approval of the Crown, a medical officer properly qualified to inspect
+and report periodically upon the sanitary condition of the town or
+district, to ascertain the true causes of disease and death, more
+especially of epidemics increasing the rates of mortality, and the
+circumstances which originate and maintain such diseases, and
+injuriously affect the public health of such town or populous district.
+
+[Provisions for abating factory exhalations and nuisances; for
+regulating the width of new courts, the accommodation of
+cellar-dwellings and the sanitation of new houses; for power to buy out
+new water companies at the end of a term of years; for controlling
+lodging-houses; for providing public spaces and walks.][363]
+
+[Footnote 363: The first general Public Health Act (1848) was based on
+this report and that of the Select Committee on the Health of Towns,
+1840 (XI)]
+
+
+
+
+SECTION IV
+
+COMBINATIONS OF WORKMEN
+
+ 1. A Strike of the Journeymen Feltmakers, 1696-99--2. A Petition of
+ Master Tailors against Combination among the Journeymen, 1721--3. A
+ Dispute in the Northumberland and Durham Coal Industry, 1765--4.
+ Sickness and Unemployment Benefit Clubs among the Woolcombers,
+ 1794--5. Combination Act, 1799--6. Combination Act, 1800--7. The
+ Scottish Weavers' Strike, 1812--8. The Repeal of the Combination
+ Acts, 1824--9. A Prosecution of Strikers under the Common Law of
+ Conspiracy, 1810--10. An Act Revising the Law affecting Combinations,
+ 1825--11. The Conviction of the Dorchester Labourers, 1834--12. An
+ Address of the Working Men's Association to Queen Victoria, 1837--13.
+ A Chartist Manifesto on the Sacred Month, 1839--14. The Rochdale
+ Pioneers, 1844.
+
+
+The history of modern Trade Unions is separated from that of earlier
+combinations by the industrial changes of the eighteenth century and by
+the alterations in the law affecting them. Illustrations of combinations
+are given from the seventeenth century (No. 1), the early middle and
+later eighteenth century (Nos. 2, 3 and 4) and the early nineteenth
+century (Nos. 7 and 11). The most important changes in the law were made
+towards the close of the period (Nos. 5, 6, 8, 10).
+
+The strike of the Journeymen Feltmakers (No. 1) shows a well-organised
+body of London craftsmen at the end of the seventeenth century fighting
+the chartered Company on a wages question in a time of rising prices.
+The struggle was long, and ended, in 1699, in arbitration by Members of
+Parliament. The Journeymen Tailors' combination against which the Master
+Tailors appealed to Parliament in 1721 (No. 2) was also a London
+organisation, and claimed to control the hours of labour as well as
+wages. The woolcombers (No. 4) were early famous for combined action,
+and their system was remarkable for the way in which it combined a
+fighting trade policy with Friendly Benefit. The declaration of the
+miners in the northern coalfield (No. 3) refers to one of the recurring
+struggles over the yearly Bindings. The result of the strike is unknown.
+
+The Master Tailors and the employers in some other trades were
+successful in procuring special Acts of Parliament forbidding
+combinations (No. 2, note). At the end of the eighteenth century the two
+general Combination Acts made most kinds of trade union action
+specifically illegal (No. 5 and No. 6). Combination still survived, but
+their leaders were always open to attack in emergencies like that of the
+Scotch weavers' strike (No. 7). Their special liability under the Act of
+1800 was removed in 1824, and, though an outburst of strikes led to a
+revision of the law, the skilled assistance of Francis Place and Hume
+saved the Trade Unions from being thrust back into their former position
+(Nos. 8 and 10). But organised striking could also be brought within the
+common law of conspiracy. Strikers had been proceeded against in this
+way before (No. 9); and this liability remained after 1825, as well as
+liability under an Act against oaths of secrecy (No. 11). The case of
+the Dorchester agricultural labourers (No. 11) also serves to illustrate
+the great, though short-lived enthusiasm of the Trade Union movement in
+the 'thirties. Its failure was followed by the rise of Chartism. The
+immediate objects of the Chartists were political, but their real
+grievances and ideals were economic, as their early manifestos plainly
+show (No. 12); and their leaders wavered between political methods and
+the direct action of the general strike (No. 13). The Rochdale Pioneers
+co-operative society (No. 14) was founded in the middle of this period
+of Trade Union and Chartist agitation, and illustrates a third parallel
+development of working-men's combinations under the stress of the
+Industrial Revolution.
+
+
+AUTHORITIES
+
+ Modern books: The standard history is S. and B. Webb, _History of
+ Trade Unionism_: for the legal position, Dicey, _Law and Opinion in
+ England_; Schloesser and Clark, _Legal Position of Trade Unions_; for
+ the seventeenth century, Unwin, _Industrial Organization_. Miners'
+ combinations are described in Fynes, _The Miners of Northumberland
+ and Durham_, Tailors' Combinations in Galton, _The Tailoring Trade_
+ (Select Documents, Introduction). Wallas' _Life of Francis Place_
+ gives an account of the repeal of the Combination Acts, Podmore,
+ _Life of Owen_, describes the forward movement among trade unions.
+ For early co-operative history see Holyoake, _The Rochdale Pioneers_.
+ The most complete accounts of the Chartists are in Dolléans'
+ _Chartisme_, and _Beer_, _Geschichte des Socialismus in England_,
+ Part II, of which an English translation is to appear shortly.
+
+ Bibliographies in S. and B. Webb, _op. cit._ and _Industrial
+ Democracy_; Unwin, _op. cit._, Galton, _op. cit._, Cunningham _op.
+ cit._, and Fay, _Co-operation at Home and Abroad_.
+
+ _Contemporary._--1. _Documentary authorities_: Records of a
+ seventeenth century strike are printed in Unwin, _Industrial
+ Organisation_, App. A. Petitions by weavers, feltmakers, etc., are to
+ be found in the House of Commons Journals, Vols. 27, 36 and _passim_.
+ Galton, _op. cit._, covers the eighteenth century. For collections of
+ price lists, _e.g._, tailors, printers, brushmakers, bookbinders,
+ basketmakers, see Webb., _op. cit._ bibliography; also for early
+ rules and minutes of the Unions of keelmen, cotton spinners, miners,
+ etc. Official material for the history of the Combination Acts and
+ their repeal is in the Report from Committee on Artizans and
+ Machinery, 1824 (V), and on Combination Acts, 1825 (IV). There was a
+ Report on Friendly Societies in 1825 (X).
+
+ 2. _Literary authorities._--Descriptions by those who were actors in
+ the events of the early nineteenth century are given in the Life of
+ Robert Owen (by himself), in The life and Struggles of William Lovett
+ (by himself), and The life of Thomas Cooper (by himself). Early Trade
+ and Chartist Journals are important sources:--The United Trades
+ Co-operative Journal, 1830, The Poor Man's Guardian, 1831-5, The
+ Crisis 1832-4, The Ten Hours' Advocate, 1846-7, The Stone Masons'
+ Circular, 1834. Other material for the early history of combinations
+ is to be found in rare pamphlets, such as A Voice from the Coal
+ Mines, 1825 (see Webb Bibliographies, _op. cit._).
+
+
+1. A STRIKE OF THE JOURNEYMEN FELTMAKERS[364] [_Feltmakers' Court
+Book_],1696-99.
+
+_November 16th, 1696._ It is agreed and ordered by this Court that from
+and after the 21st day of this present month of November until the
+month of September next coming, the wages to be given by the master
+workmen of the Mistery living within the city of London and four miles
+compass of the same to the journeymen of the trade making of hats shall
+be as followeth (that is to say):--
+
+ s. d.
+ A Beaver 3 0 with diet.
+ A hat of any price from 18s. to a Beaver 2 6 " "
+ " " 16s. price 2 4 " "
+ " " 14s. " 2 2 " "
+ " " 12s. " 1 10 " "
+ " " 10s. " 1 6 " "
+ " " 8s. or any other price up to 10s. 1 2 " "
+ " " 7s. or 6s. 1 0 " "
+ " " 5s. 0 9 " "
+
+And also that if the journeymen free of this Company do not accept of
+the wages before set down and expressed of, and from any workmaster
+living within the limits aforesaid, then and in such case it shall and
+may be lawful for all and every workmaster living without the freedom of
+the city to employ and set to work as a journeyman any person or persons
+of the Mistery being natives of this kingdom, so as such person or
+persons in that case to be employed make proof before a Court of
+Assistants of this Company that he or they have served his or their
+apprenticeship of seven years in the said Mistery. Upon which proof so
+made and on payment of the sum of twenty shillings fine to the use of
+the Company, besides the Clerk and Beadle fees according to ancient
+custom, such person or persons may be admitted a foreign journeyman or
+journeymen of this Company, any bye-law or bye-laws, ordinance or
+ordinances of this Company to the contrary thereof in any wise
+notwithstanding. And it is further ordered that none of the masters or
+journeymen of the Mistery do give or take more than the rates above
+mentioned upon pain that the party offending shall forfeit for every
+time he shall be found to act contrary to the true meaning of the above
+order such sum of money, not exceeding the sum of 5l., as the Court of
+Assistants of this Company shall think fit to impose on him or them.
+
+ * * * * *
+
+_Nov. 30th, 1696._ Geo. Burkeridge and others to the number of 12
+journeymen of the Mistery to this Court on behalf of themselves and all
+the journeymen of the trade within the limits of the Corporation, that
+they are come to a resolution among themselves not to accept of any less
+wages for making of hats than what they formerly received and desire
+that the late Order for lessening their wages may be set aside.
+
+ * * * * *
+
+_June 20th,1698._ George Burkeridge, Thomas Newby and one other
+journeyman came to this Court on behalf of themselves and the other
+journeymen for the accommodation of the matters in difference between
+them and the Company, and offered that in order thereto all matters
+relating to the trade might stand on the same foot as in 1682 and suits
+touching the singeing boys to be forborne. After long debate thereupon
+had, the Court acquainted them, that if they would give an ingenuous
+account and full discovery of their combinations and collections of
+money against the Company by Wednesday next, they might expect some
+favour, which the journeymen promised to comply with.
+
+_August 5th, 1698._ The Master reported to this Court that the committee
+appointed last Court to meet several journeymen of the trade with Mr.
+Cox and Mr. Cholmley in order to accommodate the matters in difference
+between the masters and journeymen, who had then declared their sorrow
+for their unlawful combinations to raise their wages and promised to
+subscribe an Instrument declaring the same, and that they would for the
+future be obedient to the bye-laws of the Company and discover all such
+evil practices. And a draft of such Instrument or submission being read,
+it is ordered that the same be engrossed with such alteration as the
+Clerk shall think fit and be signed by the persons indicted and fifteen
+more of such of the journeymen as the Master and Wardens shall direct.
+And thereupon the prosecutions shall be stayed. [The Instrument.]
+
+We whose hands are hereunto subscribed and set, being journeymen
+Feltmakers in and about the city of London and borough of Southwark, do
+hereby acknowledge:--that we with other journeymen of the said trade
+have held several meetings wherein we have conspired and combined
+together to enhance the prices for making of hats, for which several of
+us now stand indicted, and being now greatly sensible and fully
+convinced of the unlawfulness of such conspiracies do hereby declare
+our hearty and unfeigned sorrow for the same, and we and every one of us
+do hereby promise and agree to and with the Master, Wardens and
+Commonalty of the Company of Feltmakers, London, that neither we nor any
+of us (nor any other journeyman of the trade with our or any of our
+privity or consent) shall or will at any time hereafter do any act or
+thing whatsoever that may in any wise tend to the promoting or
+encouraging of such conspiracies or combinations. But that we and every
+of us shall and will do all that in us lieth to discourage and prevent
+such conspiracies and combinations for the future, and also will
+endeavour to raise and collect money among the journeymen Feltmakers
+what they shall freely contribute and pay towards prosecuting the French
+or any other unlawful workers in the said Trade. And for that purpose
+shall and will truly pay such money that shall be raised by such
+contributions into the hands of the Master of the said Company for the
+time being. And we do further promise that we will for the time to come
+behave and demean ourselves tractable and conformable to the government
+and bye-laws of the said Company.
+
+_July 3rd,1699._ The Masters reported to this Court that on Tuesday last
+he attended, with others of the Company, on the Parliament Members for
+the County of Surrey, according to a Rule of the Court made by the Lord
+Chief Justice Holt at the last Assizes at Kingston. And after hearing
+them and the defendants and other journeymen of the trade, they made an
+award and therein made no other alteration of the rates than 2d.
+allowance on a Beaver, a penny on a 14s. hat, and a penny allowance on
+an 8s., and so on to a 10s. hat, and they directed the indictment to be
+discharged and bill in Chancery to be dismissed.
+
+[Footnote 364: Quoted in Unwin, _Industrial Organization in the
+Sixteenth and Seventeenth Centuries_, App. A. pp. 248-52.]
+
+
+2. A PETITION OF MASTER TAILORS AGAINST COMBINATION AMONG THE
+JOURNEYMEN[365] [_British Museum, f._ 816 _m._, 14 (_II_)],1721.
+
+The case of the Master Tailors residing within the Cities of London and
+Westminster, in relation to the great Abuses committed by their
+Journeymen. Humbly offered to the consideration of Parliament.
+
+The Journeymen Tailors in and about the cities of London and
+Westminster, to the number of seven thousand and upwards, have lately
+entered into a combination to raise their wages, and leave off working
+an hour sooner than they used to do; and for the better carrying on
+their design, have subscribed their respective names in books prepared
+for that purpose, at the several houses of call or resort (being public
+houses in and about London and Westminster) where they use; and collect
+several considerable sums of money to defend any prosecutions against
+them.
+
+At this time there are but few of them come to work at all, and most of
+those that do, insist upon, and have, twelve shillings and ninepence per
+week (instead of ten shillings and ninepence per week, the usual wages),
+and leave off work at eight of the clock at night (instead of nine,
+their usual hour, time out of mind), and very great numbers of them go
+loitering about the town, and seduce and corrupt all they can meet: to
+the great hindrance and prejudice of trade.
+
+Upon complaint made to some of His Majesty's Justices of the Peace, they
+have issued out their warrants against these offenders as loiterers; by
+virtue whereof some of them have been bound over to the Sessions, and
+others have been taken up, and bound over to appear in His Majesty's
+Court of King's Bench at Westminster, and the subscription books seized
+by virtue of the Secretary of State's warrant: Yet they still continue
+obstinate, and persist not only in putting the abovesaid difficulties
+upon their masters, to the great prejudice of trade in general; but also
+in collecting great sums of money to support their unlawful combinations
+and confederacies.
+
+This combination of the Journeymen Tailors is and may be attended with
+many evil consequences: inasmuch as the public is deprived of the
+benefit of the labour of a considerable number of the subjects of this
+kingdom, and the families of several of these journeymen thereby
+impoverished, and likely to become a charge and burden to the public:
+And the very persons themselves who are under this unlawful combination,
+choosing rather to live in idleness, than to work at their usual rates
+and hours, will not only become useless and burdensome, but also very
+dangerous to the public; and are of very ill example to journeymen in
+all other trades; as is sufficiently seen in the Journeymen Curriers,
+Smiths, Farriers, Sail-makers, Coach-makers, and artificers of divers
+other arts and misteries, who have actually entered into confederacies
+of the like nature; and the Journeymen Carpenters, Bricklayers and
+Joiners have taken some steps for that purpose, and only wait to see the
+event of others.
+
+These Journeymen Tailors, when there is a hurry of business against the
+King's Birth-day, or for making of mourning or wedding garments (as
+often happens) or other holidays, and always the summer seasons, are not
+content with the unreasonable rates they at present insist upon; but
+have demanded, and have had three or four shillings a day, and sometimes
+more; otherwise they will not work; and at such times some will not work
+at all; which is a great disappointment to gentlemen, and an imposition
+to the masters; and, if suffered to go on, must increase the charge of
+making clothes considerably.
+
+As to the said houses of call, or public-houses, there are a great
+number of them in London and the suburbs, where these journeymen tailors
+frequently meet and use, and spend all or the greatest part of the
+moneys they receive for their wages; and the masters of these houses of
+call, support, encourage and abet these journeymen in their unlawful
+combinations for raising their wages, and lessening their hours.
+
+The laws now in being for regulating of artificers, labourers, and
+servants, were made in the fifth of Queen Elizabeth, and might well be
+adapted for these times; but not altogether so proper for the trade of
+London and Westminster, &c., as it is now carried on.
+
+Therefore, the masters humbly hope this honourable house will take such
+measures, by passing of a law for redress of the public grievances
+aforesaid, or grant such other relief, as in their great wisdom shall
+seem meet.[366]
+
+[Footnote 365: Quoted in F.W. Galton, _The Tailoring Trade_, pp. 1-4.]
+
+[Footnote 366: A Committee of the House of Commons reported on this
+petition "that the petitioners have fully proved the allegations,"
+February 16, 1721. The Journeymen petitioned in reply. Stat. 7 Geo. I, 1
+c. 3 (1721) declared combinations among the journeymen tailors unlawful
+in London, Westminster, and the Bills of Mortality, and fixed the hours
+of labour, thirteen, and the maximum wages, two shillings a day, from
+the end of March to the end of June, and one and eightpence for the rest
+of the year. Justices were given power to alter the rates at Quarter
+Sessions.]
+
+
+3. A DISPUTE IN THE NORTHHUMBERLAND AND DURHAM COAL INDUSTRY [_Newcastle
+Chronicle, September 21, 1765_], 1765.
+
+Whereas several scandalous and false reports have been and still
+continue to be spread abroad in the country concerning the Pitmen in the
+Counties of Durham and Northumberland absenting from their respective
+employments before the expiration of their Bonds: This is therefore to
+inform the Public that most of the Pitmen in the aforesaid Counties of
+Durham and Northumberland were bound the latter end of August, and the
+remainder of them were bound the beginning of September, 1764, and they
+served till the 24th or 25th of August, 1765, which they expect is the
+due time of their servitude; but the honourable Gentlemen in the Coal
+Trade will not let them be free till the 11th of November, 1765, which,
+instead of 11 months and 15 days, the respective time of their Bonds, is
+upwards of 14 months. So they leave the most censorious to judge whether
+they be right or wrong. For they are of opinion that they are free from
+any Bond wherein they were bound.--And an advertisement appearing in the
+newspapers last week commanding all persons not to employ any Pitmen
+whatever for the support of themselves and families, it is confidently
+believed that they who were the authors of the said advertisement are
+designed to reduce the industrious poor of the aforesaid counties to the
+greatest misery: as all the necessaries of Life are at such exorbitant
+prices, that it is impossible for them to support their families without
+using some other lawful means, which they will and are determined to do,
+as the said advertisement has caused the people whom they were employed
+under to discharge them from their service:--Likewise the said
+honourable Gentlemen have agreed and signed an Article, not to employ
+any Pitmen that has served in any other colliery the year before; which
+will reduce them to still greater hardships, as they will be obliged to
+serve in the same colliery for life; which they conjecture will take
+away the ancient character of this Kingdom as being a free nation.--So
+the Pitmen are not designed to work for or serve any of the said
+Gentlemen, in any of their collieries, till they be fully satisfied that
+the said Article is dissolved, and new Bonds and Agreements made and
+entered into for the year ensuing.
+
+
+4. SICKNESS AND UNEMPLOYMENT BENEFIT CLUBS AMONG THE WOOLCOMBERS [_House
+of Commons Journals, Vol._ XLIX, _pp._ 323-4], 1794.
+
+March 13, 1794. Report on Woolcombers' Petitions, 323.
+
+William Gates being asked whether it was usual to go from place to place
+to seek employment, he said it was, and that their clubs or societies
+subsist them till they get work.... And being asked, whether there are
+any number of woolcombers who do not belong to the societies, he said,
+"There are some, but not one in one hundred that does not belong to some
+society."
+
+Jonathan Sowton ... was asked, of what nature the clubs were. He said,
+"It is a contribution upon every woolcomber (who is willing to be a
+member of a club) according to the exigencies of their affairs: the one
+end of it is to enable the woolcombers to travel from place to place to
+seek for employment, when work is scarce where he resides; and the other
+end of it is to have relief when he is sick wherever he may be; and if
+he should die to be buried by the club; and it is necessary for him, to
+entitle himself to be relieved by these clubs, to have a certificate
+from the club to which he belongs, that he has behaved well in and to
+the woolcombing trade, and that he is an honest man; but if he defrauds
+anybody, he loses his claim to that certificate, and to the advantages
+belonging to it."[367]
+
+[Footnote 367: _Cf._ A Proclamation against combinations in the
+Woolcombing industry (in Notes and Queries, Series III, Vol. 12,
+September 21, 1867, pp. 224-5) in February, 1718, reciting that their
+Societies interfered in questions of prices and apprentices and, if a
+member was thrown out of work on account of such interference, "they fed
+them with money till they could again get employment, in order to oblige
+their masters to employ them for want of other hands."]
+
+
+5. COMBINATION ACT [_Statutes_,39 _Geo. III_, 86], 1799.
+
+... All contracts, covenants, and agreements whatsoever, in writing or
+not in writing, at any time or times heretofore made or entered into by
+any journeymen manufacturers or other workmen, or other persons within
+this kingdom, for obtaining an advance of wages of them or any of them,
+or any other journeymen manufacturers or other workmen, or other persons
+in manufacture, trade, or business, or for lessening or altering their
+or any of their usual hours or time of working or for decreasing the
+quantity of work, or for preventing or hindering any person or persons
+from employing whomsoever he, she, or they shall think proper to employ
+in his, her, or their manufacture, trade, or business, in the conduct or
+management thereof, shall be and the same are hereby declared to be
+illegal, null, and void, to all intents and purposes whatsoever.
+
+[Workmen making such agreements or combinations, or endeavouring to
+prevent others from hiring themselves or to induce them to quit work, or
+attending a meeting or persuading others to attend a meeting for such
+purposes, are made liable to three months imprisonment in common gaol or
+two months in the house of correction.]
+
+
+6. COMBINATION ACT [_Statutes_, 39 _and_40 _Geo. III, c._ 106], 1800.
+
+An Act to repeal an Act, passed in the last session of Parliament,
+intituled, An Act to prevent unlawful combinations of workmen; and to
+substitute other provisions in lieu thereof.
+
+[All contracts heretofore entered into for obtaining an advance of
+wages, altering the usual time of working, decreasing the quantity of
+work, &c. (except contracts between masters and men) shall be void.]
+
+II. And be it further enacted, that no journeyman, workman, or other
+person shall at any time after the passing of this act make or enter
+into, or be concerned in the making of or entering into any such
+contract, covenant, or agreement, in writing or not in writing, as is
+hereinbefore declared to be an illegal covenant, contract, or agreement;
+and every journeyman and workman or other person who, after the passing
+of this act, shall be guilty of any of the said offences, being thereof
+lawfully convicted, within three calendar months next after the offence
+shall have been committed, shall, by order of such justices, be
+committed to and confined in the common gaol, within his or their
+jurisdiction, for any time not exceeding three calendar months, or at
+the discretion of such justices shall be committed to some house of
+correction within the same jurisdiction, there to remain and to be kept
+to hard labour for any time not exceeding two calendar months.
+
+III. And be it further enacted, that every journeyman or workman, or
+other person, who shall at any time after the passing of this act enter
+into any combination to obtain an advance of wages, or to lessen or
+alter the hours or duration of the time of working, or to decrease the
+quantity of work, or for any other purpose contrary to this act, or who
+shall, by giving money, or by persuasion, solicitation, or intimidation,
+or any other means, wilfully and maliciously endeavour to prevent any
+unhired or unemployed journeyman or workman, or other person, in any
+manufacture, trade, or business, or any other person wanting employment
+in such manufacture, trade, or business, from hiring himself to any
+manufacturer or tradesman, or person conducting any manufacture, trade,
+or business, or who shall, for the purpose of obtaining an advance of
+wages, or for any other purpose contrary to the provisions of this act,
+wilfully and maliciously decoy, persuade, solicit, intimidate,
+influence, or prevail, or attempt or endeavour to prevail, on any
+journeyman or workman, or other person hired or employed, or to be hired
+or employed in any such manufacture, trade, or business, to quit or
+leave his work, service, or employment, or who shall wilfully and
+maliciously hinder or prevent any manufacturer or tradesman, or other
+person, from employing in his or her manufacture, trade, or business,
+such journeymen, workmen, and other persons as he or she shall think
+proper, or who, being hired or employed, shall, without any just or
+reasonable cause, refuse to work with any other journeyman or workman
+employed or hired to work therein, and who shall be lawfully convicted
+of any of the said offences, shall, by order of such justices, be
+committed to and be confined in the common gaol, within his or their
+jurisdiction, for any time not exceeding three calendar months; or
+otherwise be committed to some house of correction within the same
+jurisdiction, there to remain and to be kept to hard labour for any time
+not exceeding two calendar months.
+
+IV. And for the more effectual suppression of all combinations amongst
+journeymen, workmen, and other persons employed in any manufacture,
+trade or business, be it further enacted, that all and every persons and
+person whomsoever, (whether employed in any such manufacture, trade, or
+business, or not), who shall attend any meeting had or held for the
+purpose of making or entering into any contract, covenant, or agreement,
+by this act declared to be illegal, or of entering into, supporting,
+maintaining, continuing, or carrying on any combination for any purpose
+by this act declared to be illegal, or who shall summons, give notice
+to, call upon, persuade, entice, solicit, or by intimidation, or any
+other means, endeavour to induce any journeyman, workman, or other
+person employed in any manufacture, trade, or business, to attend any
+such meeting, or who shall collect, demand, ask, or receive any sum of
+money from any such journeyman, workman, or other person, for any of the
+purposes aforesaid, or who shall persuade, entice, solicit, or by
+intimidation, or any other means, endeavour to induce any such
+journeyman, workman, or other person to enter into or be concerned in
+any such combination, or who shall pay any sum of money, or make or
+enter into any subscription or contribution, for or towards the support
+or encouragement of any such illegal meeting or combination, and who
+shall be lawfully convicted of any of the said offences, within three
+calendar months next after the offence shall have been committed, shall,
+by order of such justices, be committed to and confined in the common
+gaol within his or their jurisdiction, for any time not exceeding three
+calendar months, or otherwise be committed to some house of correction
+within the same jurisdiction, there to remain and be kept to hard labour
+for any time not exceeding two calendar months.
+
+VI. And be it further enacted, that all sums of money which at any time
+heretofore have been paid or given as a subscription or contribution for
+or towards any of the purposes prohibited by this act, and shall, for
+the space of three calendar months next after the passing of this act,
+remain undivided in the hands of any treasurer, collector, receiver,
+trustee, agent, or other person, or placed out at interest, and all sums
+of money which shall at any time after the passing of this act, be paid
+or given as a subscription or contribution for or towards any of the
+purposes prohibited by this act, shall be forfeited, one moiety thereof
+to his Majesty, and the other moiety to such person as will sue for the
+same in any of his Majesty's courts of record at Westminster; and any
+treasurer, collector, receiver, trustee, agent, or other person in whose
+hands or in whose name any such sum of money shall be, or shall be
+placed out, or unto whom the same shall have been paid or given, shall
+and may be sued for the same as forfeited as aforesaid.
+
+[All contracts between masters or other persons for reducing the wages
+of workmen or for altering the hours of work or for increasing the
+quantity of work, are to be void. Masters convicted of such agreements,
+shall be fined 20l.: half to go to the Crown, half to the informer and
+the poor of the parish.]
+
+XVIII. And whereas it will be a great convenience and advantage to
+masters and workmen engaged in manufactures, that a cheap and summary
+mode be established for settling all disputes that may arise between
+them respecting wages and work; be it further enacted by the authority
+aforesaid, that, from and after the first day of August in the year of
+our Lord one thousand eight hundred, in all cases that shall or may
+arise within that part of Great Britain called England, where the
+masters and workmen cannot agree respecting the price or prices to be
+paid for work actually done in any manufacture, or any injury or damage
+done or alleged to have been done by the workmen to the work, or
+respecting any delay or supposed delay on the part of the workmen in
+finishing the work, or the not finishing such work in a good and
+workmanlike manner, or according to any contract; and in all cases of
+dispute or difference, touching any contract or agreement for work or
+wages between masters and workmen in any trade or manufacture, which
+cannot be otherwise mutually adjusted and settled by and between them,
+it shall and may be, and it is hereby declared to be lawful for such
+masters and workmen between whom such dispute or difference shall arise
+as aforesaid, or either of them, to demand and have an arbitration or
+reference of such matter or matters in dispute; and each of them is
+hereby authorized and empowered forthwith to nominate and appoint an
+arbitrator for and on his respective part and behalf, to arbitrate and
+determine such matter or matters in dispute as aforesaid by writing,
+subscribed by him in the presence of and attested by one witness, in the
+form expressed in the second schedule to this Act; and to deliver the
+same personally to the other party, or to leave the same for him at his
+usual place of abode, and to require the other party to name an
+arbitrator in like manner within two days after such reference to
+arbitrators shall have been so demanded; and such arbitrators so
+appointed as aforesaid, after they shall have accepted and taken upon
+them the business of the said arbitration, are hereby authorised and
+required to summon before them, and examine upon oath the parties and
+their witnesses, (which oath the said arbitrators are hereby authorised
+and required to administer according to the form set forth in the second
+schedule to this act), and forthwith to proceed to hear and determine
+the complaints of the parties, and the matter or matters in dispute
+between them; and the award to be made by such arbitrators within the
+time being after limited, shall in all cases be final and conclusive
+between the parties; but in case such arbitrators so appointed shall not
+agree to decide such matter or matters in dispute, so to be referred to
+them as aforesaid, and shall not make and sign their award within the
+space of three days after the signing of the submission to their award
+by both parties, that then it shall be lawful for the parties or either
+of them to require such arbitrators forthwith and without delay to go
+before and attend upon one of his Majesty's justices of the peace acting
+in and for the county, riding, city, liberty, division, or place where
+such dispute shall happen and be referred, and state to such justice the
+points in difference between them the said arbitrators, which points in
+difference the said justice shall and is hereby authorised and required
+to hear and determine and for that purpose to examine the parties and
+their witnesses upon oath, if he shall think fit.[368]
+
+[Footnote 368: Compare Pt. III. Section III, Nos. 7 and 8 Arbitration
+Acts, pp. 568 & 570.]
+
+
+7. THE SCOTTISH WEAVERS' STRIKE [_Report from Committee on Artizans and
+Machinery_, 1824 (_V_), _pp._ 60-63], 1812.
+
+Evidence of Mr. Alex. Richmond. 23 February, 1824.
+
+Were you one of the delegates appointed by the workmen in Glasgow?
+
+Yes; on the failure of the last application to Parliament the
+association turned its attention to some Acts of Parliament that were
+discovered, empowering the justices of the peace to affix rates of
+wages, with a view to raising the wages; the fact was, fluctuation was a
+greater evil perhaps, than the lowness of the rate; previous to that
+period, fluctuations, to the extent of thirty per cent., took place in
+the course of a month, in the price of labour; an attempt was made to
+get an extra-judicial arrangement with the masters; the masters were
+divided in opinion upon the point, some of them were for a regulation,
+others opposed it; after several ineffectual attempts to come to an
+arrangement with that part of the masters who opposed it, part of the
+masters being in the interest of the operatives, at last a process was
+entered before the quarter sessions.
+
+Will you state how the process proceeded?
+
+The justices of the peace found the rate demanded reasonable; it was
+amended in some instances, and the masters immediately refused to pay
+the rate. Our counsel in the process had consented, for the purpose of
+obviating the difficulties and getting over the objections that might be
+made against the expediency, to withdraw the imperative part of the
+prayer; the prayer of the petition originally founded upon, prayed, that
+they might be compelled to pay the price, but it was only a declaratory
+decision, as the imperative part was withdrawn, for the purpose of
+preventing the difficulty; we then, as the masters refused to pay, tried
+every method of getting an extra-judicial decision. The present Lord
+Justice Clerk had been a member of the Committee of the House of Commons
+in 1809, and appeared decidedly opposed to the principle of
+interference; and we conceived from the sentiments of the court, that
+though they had decided the law, if we went on the expediency of the
+case, we might very likely lose, and we determined therefore to try the
+experiment of striking work.
+
+What was the result of this strike?
+
+About three weeks after the effort commenced, there was a direct
+interference, on the part of government, to suppress it, by the
+apprehension of all the parties concerned.
+
+What do you mean by the apprehension of all the parties concerned?
+
+There was a committee of five, who had conducted the process during the
+whole period, and we were all apprehended and committed to gaol.
+
+You were one of the five?
+
+I was.
+
+Under what law were you apprehended?
+
+There was no specific law. There was a case I might have mentioned, but
+as it applies to the combination, I will introduce it here. In 1811, a
+combination had taken place amongst the cotton spinners; and in a case
+that was aggravated by assault, that was tried at the Glasgow circuit,
+the present Lord President Hope, who then presided, stated it as an
+aggravation of the crime of combination, that there was a clear remedy
+in law, as the magistrates had full power and authority to affix rates
+of wages, or settle disputes: that was the ground on which we entered
+the action in 1812. In the face of this, after having acted upon it on
+this principle, the mere act of striking work in a body was construed as
+an infringement of the Combination Law; and after having acted upon the
+authority of Lord President Hope, we were convicted, on what law I am
+yet at a loss to know.
+
+Have there been any combinations, or any individuals prosecuted for
+combinations, since that period?
+
+The only other branch of the cotton trade that ever had an association
+or combination efficient in Scotland, was the calico printers, and they
+were the next that were followed by the suppression of the cotton
+weavers' branch in 1815.
+
+In what manner were they broken up?
+
+By the interference of government; immediately after this case, the Lord
+Advocate proceeded against them, as public prosecutor in Scotland.
+
+Were they paid higher than other mechanics?
+
+Yes: their wages frequently averaged from forty to fifty shillings a
+week, previous to that; now they are down from twelve to fifteen
+shillings.
+
+
+8. THE REPEAL OF THE COMBINATION ACTS [_Statutes_, 5 _Geo. IV_, 95],
+1824.
+
+An Act to repeal the Laws relative to the Combination of Workman; and
+for other purposes.
+
+[A large number of statutes, wholly or partly repealed, including 39 &
+40 Geo. III., 106, except the arbitration clauses.]
+
+II. And be it further enacted, that journeymen, workmen or other persons
+who shall enter into any combination to obtain an advance, or to fix the
+rate of wages, or to lessen or alter the hours or duration of the time
+of working, or to decrease the quantity of work, or to induce another
+to depart from his service before the end of the time or term for which
+he is hired, or to quit or return his work before the same shall be
+finished, or, not being hired, to refuse to enter into work or
+employment, or to regulate the mode of carrying on any manufacture,
+trade or business, or the management thereof, shall not therefore be
+subject or liable to any indictment or prosecution for conspiracy, or to
+any other criminal information or punishment whatever, under the common
+or the statute law.
+
+III. And be it further enacted, that masters, employers or other
+persons, who shall enter into any combination to lower or to fix the
+rate of wages, or to increase or alter the hours or duration of the time
+of working, or to increase the quantity of work, or to regulate the mode
+of carrying on any manufacture trade or business, or the management
+thereof, shall not therefore be subject or liable to any indictment or
+prosecution, or for conspiracy, or to any other criminal information or
+punishment whatever, under the common or the statute law.
+
+V. And be it further enacted, that if any person, by violence to the
+person or property, by threats or by intimidation, shall wilfully or
+maliciously force another to depart from his hiring or work before the
+end of the time or term for which he is hired, or return his work before
+the same shall be finished, or damnify, spoil or destroy any machinery,
+tools, goods, wares or work, or prevent any person not being hired from
+accepting any work or employment; or if any person shall wilfully or
+maliciously use or employ violence to the person or property, threats or
+intimidation towards another on account of his not complying with or
+conforming to any rules, orders, resolutions or regulations made to
+obtain an advance of wages, or to lessen or alter the hours of working,
+or to decrease the quantity of work, or to regulate the mode of carrying
+on any manufacture, trade or business, or the management thereof; or if
+any person, by violence to the person or property, by threats or by
+intimidation, shall wilfully or maliciously force any master or mistress
+manufacturer, his or her foreman or agent, to make any alteration in
+their mode of regulating, managing, conducting or carrying on their
+manufacture, trade or business; every person so offending, or causing,
+procuring, aiding, abetting or assisting in such offence, being
+convicted thereof in manner hereafter mentioned, shall be imprisoned
+only, or imprisoned and kept to hard labour, for any time not exceeding
+two calendar months.
+
+VI. And be it further enacted, that if any persons shall combine, and by
+violence to the person or property or by threats or intimidation,
+wilfully and maliciously force another to depart from his service before
+the end of the time or term for which he or she is hired, or return his
+or her work before the same shall be finished, or damnify, spoil or
+destroy any machinery, tools, goods, wares or work, or prevent any
+person not being hired from accepting any work or employment; or if any
+persons so combined shall wilfully or maliciously use or employ violence
+to the person or property, or threats or intimidation towards another,
+on account of his or her not complying with or conforming to any rules,
+orders, resolutions or regulations made to obtain an advance of wages,
+or to lessen or alter the hours of working, or to decrease the quantity
+of work, or to regulate the mode of carrying on any manufacture, trade
+or business, or the management thereof; or if any persons shall combine,
+and by violence to the person or property, or by threats or
+intimidation, wilfully or maliciously force any master or mistress
+manufacturer, his or her foreman or agent, to make any alteration in
+their mode of regulating, managing, conducting or carrying on their
+manufacture, trade or business; each and every person so offending, or
+causing, procuring, aiding, abetting or assisting in such offence, being
+convicted thereof in manner hereinafter mentioned, shall be imprisoned
+only, or imprisoned and kept to hard labour, for any time not exceeding
+two calendar months.
+
+
+9. A PROSECUTION OF STRIKERS UNDER THE COMMON LAW OF CONSPIRACY [_The
+Times, June 4, 1824_], 1810.
+
+_To the Editor of the Times._
+
+SIR,--
+
+That the Committee have proceeded, I will not say rashly, but, upon
+misinformation, will be evident from a slight attention to the evidence
+of Mr. Richard Taylor, printer.
+
+In reply to some introductory questions, he states that he has been a
+printer some 20 years--that he has turned his attention to the
+combination laws--and that his opinion is, that they are of no service.
+He afterwards states as follows:--
+
+"There were some men imprisoned for combining a great many years ago,
+and that created a great deal of misunderstanding; for they were some of
+the most respectable of the workmen--those who had been intrusted by
+their fellow-workmen at large to negotiate an advance of prices with the
+masters; and of course the inflicting of imprisonment on men who are
+generally respected was a thing which created a great deal of ill-blood:
+a deal of mischief was the consequence of it."
+
+Mr. Richard Taylor, then, here states that a great deal of mischief was
+effected by that prosecution. But what will the Committee say, if, when
+that evidence is put right, it shall be found to reflect not upon the
+Combination Laws now attempted to be repealed, but upon the old common
+law, which it is intended to leave in force? Mr. Taylor makes a slight
+mistake as to the fact; which mistake being corrected, the whole tide of
+his argument is turned away from the Combination Laws, and made to bear
+upon the common law for conspiracy....
+
+... How Mr. Taylor, knowing that some of the offenders in that case were
+sentenced to two years' imprisonment, and knowing, at the same time,
+that the Combination Laws do not admit of an imprisonment for more than
+three months, should yet say that those men were tried upon the
+Combination Laws, is most inconceivable.
+
+ I am, Sir, etc.,
+ J.W.[369]
+
+[Footnote 369: John Walter, proprietor of _The Times_.]
+
+
+10. AN ACT REVISING THE LAW AFFECTING COMBINATIONS [_Statutes_, 6 _Geo.
+IV_, 109], 1825.
+
+An Act to repeal the Laws relating to the combination of Workmen, and to
+make other Provisions in lieu thereof.
+
+III. And be it further enacted, that from and after the passing of this
+act, if any person shall by violence to the person or property or by
+threats or intimidation, or by molesting or in any way obstructing
+another, force or endeavour to force any journeyman, manufacturer,
+workman, or other person hired or employed in any manufacture, trade, or
+business to depart from his hiring, employment, or work, or to return
+his work before the same shall be finished, or prevent or endeavour to
+prevent any journeyman, manufacturer, workman, or other person not being
+hired or employed from hiring himself to or from accepting work or
+employment from any person or persons; or if any person shall use or
+employ violence to the person or property of another, or threats or
+intimidation, or shall molest or in any way obstruct another for the
+purpose of forcing or inducing such person to belong to any club or
+association, or to contribute to any common fund, or to pay any fine or
+penalty, or on account of his not belonging to any particular club or
+association, or not having contributed or having refused to contribute
+to any common fund, or to pay any fine or penalty, or on account of his
+not having complied or of his refusing to comply with any rules, orders,
+resolutions, or regulations made to obtain an advance or to reduce the
+rate of wages, or to lessen or alter the hours of working, or to
+decrease or alter the quantity of work, or to regulate the mode or
+carrying on any manufacture, trade, or business, or the management
+thereof; or if any person shall by violence to the person or property of
+another, or by threats or intimidation, or by molesting or in any way
+obstructing another, force or endeavour to force any manufacturer or
+person carrying on any trade or business to make an alteration in his
+mode of regulating, managing, conducting, or carrying on such
+manufacture, trade or business, or to limit the number of his
+apprentices, or the number or description of his journeymen, workmen or
+servants; every person so offending, or aiding, abetting, or assisting
+therein, being convicted thereof in manner hereinafter mentioned, shall
+be imprisoned only, or shall and may be imprisoned and kept to hard
+labour, for any time not exceeding three calendar months.
+
+IV. Provided always, and be it enacted, that this act shall not extend
+to subject any persons to punishment who shall meet together for the
+sole purpose of consulting upon and determining the rate of wages or
+prices which the persons present at such meeting, or any of them, shall
+require or demand for his or their work, or the hours or time for which
+he or they shall work, in any manufacture, trade or business, or who
+shall enter into any agreement, verbal or written, among themselves, for
+the purpose of fixing the rate of wages or prices which the parties
+entering into such agreement, or any of them, shall require or demand
+for his or their work, or the hours of time for which he or they will
+work, in any manufacture, trade, or business; and that persons so
+meeting for the purposes aforesaid, or entering into any such agreement
+as aforesaid, shall not be liable to any prosecution or penalty for so
+doing; any law or statute to the contrary notwithstanding.
+
+V. Provided also, and be it further enacted, that this act shall not
+extend to subject any persons to punishment who shall meet together for
+the sole purpose of consulting upon and determining the rate of wages or
+prices which the persons present at such meeting, or any of them, shall
+pay to his or their journeymen, workmen, or servants for their work, or
+the hours, or time of working, in any manufacture, trade, or business;
+or who shall enter into any agreement, verbal or written, among
+themselves, for the purpose of fixing the rate of wages or prices which
+the parties entering into such agreement, or any of them, shall pay to
+his or their journeymen, workmen, or servants for their work, or the
+hours or time of working, in any manufacture, trade or business; and
+that persons so meeting for the purposes aforesaid, or entering into any
+such agreement as aforesaid, shall not be liable to any prosecution or
+penalty for so doing, any law or statute to the contrary
+notwithstanding.
+
+
+11. THE CONVICTION OF THE DORCHESTER LABOURERS [_The Times, March 20,
+1834_], 1834.
+
+Spring Assizes, Western Circuit, Dorchester. Monday, March 17. Crown
+Court (before Baron Williams). Administering unlawful oaths.
+
+James Lovelace, George Lovelace, Thomas Stanfield, John Stanfield, James
+Hammet, and James Brine were indicted for administering ... a certain
+unlawful oath and engagement, purporting to bind the person taking the
+same not to inform or give evidence against any associate, and not to
+reveal or discover any such unlawful combination.[370] ...
+
+John Lock.--I live at Half Puddle. I went to Toll Puddle a fortnight
+before Christmas. I know the prisoner James Brine. I saw him that
+evening at John Woolley's. He called me out and I went with him. He took
+me to Thomas Stanfield's, and asked me if I would go in with him. I
+refused and went away. I saw him in about a fortnight afterwards in a
+barn. He asked me if I would go to Toll Puddle with him. I agreed to do
+so. James Hammet was then with him. Edward Legg, Richard Peary, Henry
+Courtney, and Elias Riggs were with us. They joined us as we were going
+along. One of them asked if there would not be something to pay, and one
+said there would be 1s. to pay on entering, and 1d. a week after. We all
+went into Thomas Stanfield's house into a room upstairs. John Stanfield
+came to the door of the room. I saw James Lovelace and George Lovelace
+go along the passage. One of the men asked if we were ready. We said,
+yes. One of them said, "Then bind your eyes," and we took out
+handkerchiefs and bound over our eyes. They then led us into another
+room on the same floor. Someone then read a paper, but I don't know what
+the meaning of it was. After that we were asked to kneel down, which we
+did. Then there was some more reading; I don't know what it was about.
+It seemed to be out of some part of the Bible. Then we got up and took
+off the bandages from our eyes. I had then seen James Lovelace and John
+Stanfield in the room. Some one read again, but I don't know what it
+was, and then we were told to kiss the book, when our eyes were
+unblinded, and I saw the book, which looked like a little Bible. I then
+saw all the prisoners there. James Lovelace had on a white dress, it was
+not a smock-frock. They told us the rules, that we should have to pay
+1s. then, and a 1d. a week afterwards, to support the men when they were
+standing out from their work. They said we were as brothers; that when
+we were to stop for wages we should not tell our masters ourselves, but
+that the masters would have a note or a letter sent to them.
+
+ * * * * *
+
+Mrs. Francis Wetham.--I am the wife of a painter in the town. In
+October, last year, James Lovelace and another person came to our shop;
+he said he wanted something painted from a design he had brought; he had
+two papers with him, on one was a representation of a skull, and on the
+other a skeleton arm extended with a scythe; he said it was to be
+painted on canvas, a complete skeleton on a dark ground, six feet high;
+over the head, "Remember thine end." I asked him what it was for,
+whether a flag or a sign; he told me it was a secret for a society, and
+he would tell me no more; if I wanted further information I was to send
+to him, "J. Lovelace, Toll Puddle."
+
+ * * * * *
+
+The following letter was then put in and read:--
+
+ Bere Heath, Feb. 1, 1834.
+
+ Brother,
+
+We met this evening for the purpose of forming our committee. There was
+16 present, of whom 10 was chosen--namely, a president, vice-president,
+secretary, treasurer, warden, conductor, three outside guardians and one
+inside guardian. All seemed united in heart, and expressed his approval
+of the meeting. Father and Hallett wished very much to join us, but wish
+it not to be known. I advised them to come Tuesday evening at 6 o'clock,
+and I would send for you to come at that time, if possible, and enter
+them, that they may be gone before the company come. I received a note
+this morning which gave me great encouragement, and I am led to
+acknowledge the force of union.
+
+(Signed by the secretary.)
+
+The following rules were then put in and read:--
+
+_General Rules._
+
+1. That this Society be called the Friendly Society of Agricultural
+Labourers.
+
+ * * * * *
+
+20. That if any master attempts to reduce the wages of his workmen, if
+they are members of this order, they shall instantly communicate the
+same to the corresponding secretary, in order that they may receive the
+support of the grand lodge; and in the meantime they shall use their
+utmost endeavours to finish the work they may have in hand, if any, and
+shall assist each other, so that they may all leave the place together,
+and with as much promptitude as possible.
+
+21. That if any member of this society ... solely on account of his
+taking an active part in the affairs of this order ... shall be
+discharged from his employment ... then the whole body of men at that
+place shall instantly leave that place, and no member of this society
+shall be allowed to take work at such place until such member be
+reinstated in his situation.
+
+[22. If a member divulge any secret of the society, members throughout
+the country shall refuse to work with him.]
+
+23. That the object of this society can never be promoted by any act or
+acts of violence, but, on the contrary, all such proceedings must tend
+to injure the cause and destroy the society itself. This order therefore
+will not countenance any violation of the laws.[371]
+
+[Footnote 370: The indictment was framed on 37 Geo. III, 123, against
+seditious and illegal confederacies.]
+
+[Footnote 371: The prisoners were found Guilty. On March 19 they were
+sentenced to seven years' transportation. April 16, Lord Howick, in
+answer to a question in Parliament, said that he believed their ship had
+already sailed. The remainder of their sentence was remitted in 1836.]
+
+
+12. AN ADDRESS OF THE WORKING MEN'S ASSOCIATION TO QUEEN VICTORIA [_The
+Life and Struggles of William Lovett_, _pp._ 124-8], 1837.
+
+Madam,
+
+While we approach your Majesty in the spirit of plain men seeking their
+political and social rights, apart from mere names, forms, or useless
+ceremonies, we yield to none in the just fulfilment of our duties, or in
+the ardent wish that our country may be made to advance to the highest
+point of prosperity and happiness....
+
+The country over which your Majesty has been called on to preside, has
+by the powers and industry of its inhabitants been made to teem with
+abundance, and were all its resources wisely developed and justly
+distributed, would impart ample means of happiness to all its
+inhabitants.
+
+But, by many monstrous anomalies springing out of the constitution of
+society, the corruptions of government, and the defective education of
+mankind, we find the bulk of the nation toiling slaves from birth till
+death--thousands wanting food, or subsisting on the scantiest pittance,
+having neither time nor means to obtain instruction, much less of
+cultivating the higher faculties and brightest affections, but forced by
+their situation to engender enmity, jealousy, and contention, and too
+often to become the victims of intemperance and crime.
+
+ * * * * *
+
+The exclusive few have ever been intent in keeping the people ignorant
+and deluded, and have sedulously administered to their vices and
+fomented their prejudices. Hence the use of their privileges and
+distinctions to allure the wealthy and corrupt the innocent; hence
+their desire to retain within their own circle all the powers of the
+Legislative and Executive, all the riches of Church and State....
+
+To this baneful source of exclusive political power may be traced the
+persecutions of fanaticism, the feuds of superstition, and most of the
+wars and carnage which disgrace our history. To this pernicious origin
+may justly be attributed the unremitted toil and wretchedness of your
+Majesty's industrious people, together with most of the vices and crimes
+springing from poverty and ignorance, which, in a country blessed by
+nature, enriched by art, and boasting of her progress and knowledge,
+mock her humanity and degrade her character.
+
+ * * * * *
+
+We entreat your Majesty that, whoever may be in your ministry, you will
+instruct them, as a first and essential measure of reform, to prepare a
+bill for extending the Right of Suffrage to all the adult population of
+the kingdom; excepting such as may be justly incapacitated by crime or
+defection of the light of reason; together with such other essential
+details as shall enable all men to exercise their political rights
+unmolested.
+
+
+13. A CHARTIST MANIFESTO ON THE SACRED MONTH [_William Lovett, Life and
+Struggles_, _p._ 214], 1839.
+
+We respectfully submit the following propositions for your serious
+consideration[372]:--
+
+That at all the simultaneous public meetings to be held for the purpose
+of petitioning the Queen to call good men to her councils, as well as at
+all subsequent meetings of your unions or associations up to the 1st of
+July, you submit the following questions to the people there
+assembled:--
+
+1. Whether they will be prepared, at the request of the Convention, to
+withdraw all sums of money they may individually or collectively have
+placed in savings banks, private banks, or in the hands of any person
+hostile to their just rights?
+
+2. Whether, at the same request, they will be prepared immediately to
+convert all their paper money into gold and silver?
+
+3. Whether, if the Convention shall determine that a sacred month will
+be necessary to prepare the millions to secure the charter of their
+political salvation, they will firmly resolve to abstain from their
+labours during that period, as well as from the use of all intoxicating
+drinks?
+
+4. Whether, according to their old constitutional right--a right which
+modern legislators would fain annihilate--they have prepared themselves
+with the arms of freemen to defend the laws and constitutional
+privileges their ancestors bequeathed to them?
+
+[Footnote 372: Addressed to the Chartist Convention.]
+
+
+14. THE ROCHDALE PIONEERS [_Industrial Co-operation_, _Ed. Catherine
+Webb_, _pp._ 68-9], 1844.
+
+The objects of this Society are to form arrangements for the pecuniary
+benefit and improvement of the social and domestic condition of its
+members, by raising a sufficient amount of capital, in shares of one
+pound each, to bring into operation the following plans and
+arrangements:--
+
+The establishment of a Store for the sale of provisions, clothing, etc.
+
+The building, purchasing, or erecting a number of houses, in which those
+members desiring to assist each other in improving their domestic and
+social condition may reside. To commence the manufacture of such
+articles as the Society may determine upon, for the employment of such
+members as may be without employment, or who may be suffering in
+consequence of repeated reductions in their wages.
+
+As a further benefit and security to the members of this Society, the
+Society shall purchase or rent an estate or estates of land, which shall
+be cultivated by the members who may be out of employment or whose
+labour may be badly remunerated.
+
+That, as soon as practicable, this Society shall proceed to arrange the
+powers of production, distribution, education and government: or, in
+other words, to establish a self-supporting home colony of united
+interests, or assist other societies in establishing such colonies.
+
+That, for the promotion of sobriety, a Temperance Hotel be opened in one
+of the Society's houses as soon as convenient.
+
+
+
+
+SECTION V
+
+THE RELIEF OF THE POOR
+
+ 1. Settlement Law, 1662--2. Defoe's pamphlet "Giving Alms no
+ Charity," 1704--3. The Workhouse Test Act, 1722--4. Gilbert's Act,
+ 1782--5. Speenhamland "Act of Parliament," 1795--6. The Workhouse
+ System, 1797--7. Two Varieties of the Roundsman System of Relief,
+ 1797--8. Another Example of the Roundsman System, 1808--9. Report of
+ the Poor Law Commission, 1834--10. The Poor Law Amendment Act,
+ 1834--11. Outdoor Relief Prohibitory Order, 1844.
+
+
+The national organisation of poor-relief was permanently affected by the
+constitutional troubles of the seventeenth century. Supervision and
+pressure from a central authority were removed and were not again
+strongly felt till near the close of this period. This change shows
+itself in the documentary evidence; national regulation is rare and
+comes only as the result of a special emergency or panic (Nos. 1, 3, 4,
+10). The Settlement Act of 1662 (No. 1), with its successors, was an
+attempt to meet the special local difficulties which sprang from the
+want of central control and uniformity. The Act of 1722 provided the
+machinery for the more drastic treatment of the poor advocated in
+Defoe's pamphlet (No. 2), by means of a workhouse and a system of tests
+for relief; for this purpose unions of parishes could be formed (No. 3).
+Gilbert's Act (No. 4) in the last quarter of the century was a reversion
+to milder policy; it was intended to distinguish more clearly the
+different classes of poor relieved, to provide suitable treatment for
+the old infirm and children in institutions, and to find employment for
+the able-bodied. It illustrates the growing pressure of industrial
+changes on the working classes, as well as the current of humanitarian
+feeling which ran a broken course from this time to the end of the
+period. It was an adoptive, not a compulsory, Act, and no more
+legislative changes of the first importance were made till 1834.
+Meanwhile vast transformations were being made in town and, especially,
+in country life, and the destitution line was crossed by a whole section
+of the nation. The Settlement laws were relaxed, but, after Pitt's
+abortive proposals in 1795, Parliament stood aside. The initiative was
+thus left to the local authority. The so-called Speenhamland Act of
+Parliament (No. 5) is the classic instance of the methods of
+supplementary allowances adopted by the Justices in various counties.
+Its aim was humane; its effect, to check the pressure for higher wages,
+was not intended (see No. 5, note).
+
+The eighteenth century system produced great local variety, some
+examples of which are given from the survey published by Eden in 1797
+(Nos. 6 and 7). The official workhouse, the farming of the poor to a
+contractor, the employment of the poor within the workhouse, and the
+relief of the rates by the Roundsman system of servile labour are
+described (Nos. 6 and 7. See also No. 8).
+
+The Poor Law Commission of 1834 (No. 9) was the culminating point of a
+reaction against the results of the previous half century. Its intention
+was to make a clean sweep of tradition and to reassert the principle of
+uniformity. Its authors, in the spirit of their age, hoped to make their
+reform negatively, by cutting away influences which corrupted human
+nature. The extracts (No. 9) show their leading principles and
+recommendations. The Act of 1834 (No. 10) embodied their conclusions,
+leaving a large discretion to a new central authority. The Regulations
+and Orders (No. 11) of these Commissioners and their successors, the
+Poor Law and Local Government Boards, were, henceforward, the chief
+directing force of Poor Relief policy.
+
+
+AUTHORITIES
+
+ Nicholls' _History of the English Poor Law_, Mackay, ditto (a
+ continuation), and Fowle, _The Poor Law_, are general modern
+ descriptions. Webb, _English Poor Law Policy_, is an historical
+ criticism of the system from 1834; see also Kirkman Gray,
+ _Philanthropy and the State_. The eighteenth century is described in
+ Cunningham, _Growth of English Industry and Commerce, Modern Times_;
+ Webb, _English Local Government, The Parish and the County_; Redlich
+ and Hirst, _Local Government in England_, Vol. I; Hammond, _The
+ Village Labourer_, c. 7; Hasbach, _The English Agricultural
+ Labourer_, _c._ 3 and _c._ 4, and Mantoux, _La Révolution
+ Industrielle_. Ashby, _The Poor Law in a Warwickshire Village_ (in
+ Oxford Studies in Social and Legal History, Vol. III), provides
+ illustrations.
+
+ Bibliographies in Hasbach and Cunningham, _op. cit._
+
+ _Contemporary_ (1) _Documentary Sources_.--The best collection of
+ contemporary statistics, of paupers, diet, cost, etc., in the
+ eighteenth century is given in Eden, The State of the Poor. The
+ Report of the 1834 Commission (XXVII and XXVIII) describes conditions
+ and the new policy. See also Report of Committees on the Poor Law,
+ 1817 (VI) and 1819 (III), and Report of Committee on Labourers'
+ Wages, 1824 (VI).
+
+ (2) _Literary authorities._--Illustrations of contemporary opinion
+ can be found for different periods in Defoe, Giving Alms no Charity,
+ Reports of the Society for Bettering the Condition of the Poor
+ (1795-1808), Rose, Observations on the Poor Law. A municipal system
+ is described in Cary, The Proceedings of the Corporation of Bristol.
+ A general survey was made in the middle of the eighteenth century by
+ Burn, History of the Poor Laws, and at the end by Eden, The State of
+ the Poor.
+
+
+1. SETTLEMENT LAW [_Statutes_, 14 _Charles II_, _c._ 12], 1662.
+
+An Act for the better relief of the poor of this kingdom.
+
+Whereas the necessity, number and continual increase of the poor, not
+only within the Cities of London and Westminster with the liberties of
+each of them, but also through the whole kingdom of England and Dominion
+of Wales, is very great and exceeding burdensome, being occasioned by
+reason of some defects in the law concerning the settling of the poor
+and for want of a due provision of the regulations of relief and
+employment in such parishes or places where they are legally settled,
+which doth enforce many to turn incorrigible rogues and others to perish
+for want, together with the neglect of the faithful execution of such
+laws and statutes as have formerly been made for the apprehending of
+rogues and vagabonds and for the good of the poor. For remedy whereof
+and for the preventing the perishing of any of the poor, whether old or
+young, for want of such supplies as are necessary, may it please your
+most Excellent Majesty that it may be enacted ... that whereas by
+reason of some defects in the law poor people are not restrained from
+going from one parish to another and therefore do endeavour to settle
+themselves in those parishes where there is the best stock, the largest
+commons or wastes to build cottages, and the most woods for them to burn
+and destroy and when they have consumed it then to another parish, and
+at last become rogues and vagabonds to the great discouragement of
+parishes to provide stocks where it is liable to be devoured by
+strangers ... it shall and may be lawful upon complaint made by the
+churchwardens or overseers of the poor of any parish to any Justice of
+Peace, within forty days after any such person or persons coming so to
+settle, as aforesaid in any tenement under the yearly value of ten
+pounds for any two justices of the peace whereof one to be of the Quorum
+of the division where any person or persons that are likely to be
+chargeable to the parish shall come to inhabit, by their warrant to
+remove and convey such person or persons to such parish where he or they
+were last legally settled either as a native householder sojourner
+apprentice or servant for the space of forty days at the least unless he
+or they give sufficient security for the discharge of the said parish to
+be allowed by the said Justices.
+
+[II. Appeal to Quarter Sessions.
+
+III. Persons allowed to go for the Harvest into another parish if they
+have a certificate of settlement in their original parish.
+
+IV. Provision for setting up workhouses in London and within the Bills
+of Mortality.]
+
+[VI. and XXIII. The President and Governors of such workhouses may set
+rogues and vagrants to work in the workhouse with the consent of the
+Privy Council. Justices of the Peace may sentence disorderly persons and
+"sturdy beggars" to transportation not exceeding seven years.
+
+Persons allowed to go for the harvest into another parish if they have a
+certificate of settlement in their original parish.
+
+Provision made for setting up workhouses in London and within the Bills
+of Mortality. The President and Governors of such workhouses may set
+rogues and vagrants to work in the workhouse. Justices of the Peace may,
+with the leave of the Privy Council, sentence disorderly persons and
+"sturdy beggars" to transportation not exceeding seven years.][373]
+
+[Footnote 373: Amended by 8 and 9 Wm. and Mary, 30. Persons with
+certificates from churchwardens of their parishes, acknowledging them to
+be inhabitants, not to be removed from any other parish till chargeable
+and then to be chargeable in the parish where the certificates were
+given. Any one receiving relief to wear a badge. Also by 35 Geo. III,
+101. "No poor person shall be removed ... to the place of his or her
+last legal settlement, until such person shall have become actually
+chargeable to the parish."]
+
+
+2. DEFOE'S PAMPHLET, "GIVING ALMS NO CHARITY" [_D. Defoe, Giving Alms no
+Charity, etc._], 1704.
+
+I humbly crave leave to lay these heads down as fundamental maxims,
+which I am ready at any time to defend and make out.
+
+1. There is in England more labour than hands to perform it, and
+consequently a want of people, not of employment.
+
+2. No man in England, of sound limbs and senses, can be poor merely for
+want of work.
+
+3. All our workhouses, corporations and charities for employing the
+poor, and setting them to work, as now they are employed, or any Acts of
+Parliament, to empower overseers of parishes, or parishes themselves, to
+employ the poor, except as shall be hereafter excepted, are, and will be
+public nuisances, mischiefs to the nation which serve to the ruin of
+families and the increase of the poor.
+
+4. That it is a regulation of the poor that is wanted in England, not a
+setting them to work.
+
+ * * * * *
+
+The poverty and exigence of the poor in England is plainly derived from
+one of these two particular causes,
+
+_Casualty or Crime._
+
+By Casualty, I mean sickness of families, loss of limbs or sight, and
+any, either natural or accidental, impotence as to labour.
+
+The crimes of our people, and from whence their poverty derives, as the
+visible and direct fountains are:
+
+ 1. Luxury.
+ 2. Sloth.
+ 3. Pride.
+
+This is so apparent in every place, that I think it needs no
+explication; that English labouring people eat and drink, but especially
+the latter, three times as much in value as any sort of foreigners of
+the same dimensions in the world.
+
+ * * * * *
+
+There is a general taint of slothfulness upon our poor, there is nothing
+more frequent, than for an Englishman to work till he has got his pocket
+full of money, and then go and be idle, or perhaps drunk, till it is all
+gone, and perhaps he himself in debt; and ask him in his cups what he
+intends, he will tell you honestly, he will drink as long as it lasts,
+and then go to work for more.
+
+
+3. THE WORKHOUSE TEST ACT [_Statutes_, 9 _Geo. I_ _c._ 7], 1722.
+
+An Act for amending the laws relating to the settlement, employment and
+relief of the poor.
+
+IV. And for the greater ease of parishes in the relief of the poor, be
+it further enacted by the authority aforesaid, that it shall and may be
+lawful for the churchwardens and overseers of the poor in any parish,
+town, township or place, with the consent of the major part of the
+parishioners or inhabitants of the same parish, town, township or place,
+in vestry, or other parish or public meeting for that purpose assembled,
+or of so many of them as shall be so assembled, upon usual notice
+thereof first given, to purchase or hire any house or houses in the same
+parish, township or place, and to contract with any person or persons
+for the lodging, keeping, maintaining and employing any or all such poor
+in their respective parishes, townships or places, as shall desire to
+receive relief or collection from the same parish, and there to keep,
+maintain and employ all such poor persons, and take the benefit of the
+work, labour and service of any such poor person or persons, who shall
+be kept or maintained in any such house or houses, for the better
+maintenance and relief of such poor person or persons, who shall be
+there kept or maintained; and in case any poor person or persons of any
+parish, town, township or place, where such house or houses shall be so
+purchased or hired, shall refuse to be lodged, kept or maintained in
+such house or houses, such poor person or persons so refusing shall be
+put out of the book or books where the names of the persons who ought
+to receive collection in the said parish, town, township or place, are
+to be registered, and shall not be entitled to ask or receive collection
+or relief from the churchwardens and overseers of the poor of the same
+parish, town or township; and where any parish, town or township shall
+be too small to purchase or hire such house or houses for the poor of
+their own parish only, it shall and may be lawful for two or more such
+parishes, towns or townships or places, with the consent of the major
+part of the parishioners or inhabitants, and with the approbation of any
+justice of peace dwelling in or near any such parish, town or place,
+signified under his hand and seal, to unite in purchasing, hiring, or
+taking such house, for the lodging, keeping and maintaining of the poor
+of the several parishes, townships or places so uniting, and there to
+keep, maintain and employ the poor of the parishes so uniting, and to
+take and have the benefit of the work, labour or service of any poor
+there kept and maintained, for the better maintenance and relief of the
+poor there kept, maintained and employed; and that if any poor person or
+persons in the respective parishes, townships or places so uniting,
+shall refuse to be lodged, kept and maintained in the house, hired or
+taken for such uniting parishes, townships or places, he, she or they so
+refusing, shall be put out of the collection-book, where his, her or
+their names were registered, and shall not be entitled to ask or demand
+relief or collection from the churchwardens and overseers of the poor in
+their respective parishes, townships or places; and that it shall and
+may be lawful for the churchwardens and overseers of the poor, with the
+consent of the major part of the parishioners or inhabitants, to
+contract with the churchwardens and overseers of the poor of any other
+parish, township or place, for the lodging, maintaining or employing, of
+any poor person or persons of such other parish, township or place, as
+to them shall seem meet; and in case any poor person or persons of such
+other parish, township or place, shall refuse to be lodged, maintained
+and employed in such house or houses, he, she or they so refusing, shall
+be put out of the collection-book of such other parish, township or
+place, where his, her or their names were registered, and shall not be
+entitled to ask, demand or receive any relief or collection from the
+churchwardens and overseers of the poor of his, her or their respective
+parish, township or place: provided always, that no poor person or
+persons, his, her or their apprentice, child or children, shall acquire
+a settlement in the parish, town or place, to which he, she or they are
+removed by virtue of this act. No person or persons shall be deemed,
+adjudged or taken, to acquire or gain any settlement in any parish or
+place, for or by virtue of any purchase of any estate or interest in
+such parish or place, whereof the consideration for such purchase doth
+not amount to the sum of thirty pounds, _bona fide_ paid, for any longer
+or further time than such person or persons shall inhabit in such
+estate, and shall then be liable to be removed to such parish or place,
+where such person or persons were last legally settled, before the said
+purchase and inhabitancy therein.
+
+VI. No person or persons whatsoever, who shall be taxed, rated or
+assessed to the scavenger or repairs of the highway, and shall duly pay
+the same, shall be deemed or taken to have any legal settlement in any
+city, parish, town or hamlet, for or by reason of his, her or their
+paying to such scavenger's rate or repairs of the highway as aforesaid;
+any law to the contrary in any wise notwithstanding.
+
+
+4. GILBERT'S ACT [_Statutes_, 22 _George III_, _c._ 83], 1782.
+
+An act for the better relief and employment of the poor.
+
+Whereas notwithstanding the many laws now in being for the relief and
+employment of the poor, and the great sums of money raised for those
+purposes, their sufferings and distresses are nevertheless very
+grievous; and, by the incapacity, negligence, or misconduct of
+overseers, the money raised for the relief of the poor is frequently
+misapplied, and sometimes expended in defraying the charges of
+litigations about settlements indiscreetly and unadvisedly carried
+on....
+
+VII. And be it further enacted, that it shall and may be lawful for two
+justices of the peace of the limit where such poor house shall be, or be
+so agreed to be situated, and they are hereby required, as soon as
+conveniently may be after such agreement shall have been made as
+aforesaid, upon application to them by two or more of the persons who
+shall have signed such agreement, and upon producing the same to them,
+to appoint one of the persons so recommended to be guardian of the poor
+for each of such parishes, townships, and places, in the form contained
+in the said schedule, No. VII, or to that or the like effect; and every
+such guardian shall attend the monthly meetings hereby directed to be
+holden, and execute the several powers and authorities given to
+guardians by this act, and shall have, and is hereby invested with, all
+the powers and authorities given to overseers of the poor by any other
+act or acts of parliament.
+
+XVII. The guardians of the poor of the several parishes, townships and
+places which shall adopt the provisions of this act, shall provide a
+suitable and convenient house or houses, with proper buildings and
+accommodations thereto, when wanted.
+
+And, to render the provisions of this act more practicable and
+beneficial, be it further enacted, that no person shall be sent to such
+poor house or houses, except such as are become indigent by old age,
+sickness, or infirmities, and are unable to acquire a maintenance by
+their labour; and except such orphan children as shall be sent thither
+by order of the guardian or guardians of the poor, with the approbation
+of the visitor; and except such children as shall necessarily go with
+their mothers thither for sustenance.
+
+XXX. And, be it further enacted, that all infant children of tender
+years, and who, from accident or misfortune, shall become chargeable to
+the parish or place to which they belong, may either be sent to such
+poor house as aforesaid, or be placed by the guardian or guardians of
+the poor, with the approbation of the visitor, with some reputable
+person or persons in or near the parish, township, or place, to which
+they belong, at such weekly allowance as shall be agreed upon between
+the parish officers and such person or persons with the approbation of
+the visitor, until such child or children shall be of sufficient age to
+be put into service, or bound apprentice to husbandry, or some trade or
+occupation; and a list of the names of every child so placed out, and by
+whom and where kept, shall be given to the visitor; who shall see that
+they are properly treated, or cause them to be removed, and placed under
+the care of some other person or persons, if he finds just cause so to
+do; and when every such child shall attain such age, he or she shall be
+so placed out, at the expense of the parish, township, or place, to
+which he or she shall belong, according to the laws in being: provided
+nevertheless, that if the parents or relations of any poor child sent
+to such house, or so placed out as aforesaid, or any other responsible
+person, shall desire to receive and provide for any such poor child or
+children, and signify the same to the guardians at their monthly
+meeting, the guardians shall, and are hereby required to dismiss, or
+cause to be dismissed, such child or children from the poor-house, or
+from the care of such person or persons as aforesaid, and deliver him,
+her, or them, to the parent, relation, or other person so applying as
+aforesaid: provided also, that nothing herein contained shall give any
+power to separate any child or children, under the age of seven years,
+from his, her, or their parent or parents, without the consent of such
+parent or parents.
+
+XXXI. And be it further enacted, that all idle or disorderly persons who
+are able, but unwilling, to work or maintain themselves and their
+families, shall be prosecuted by the guardians of the poor of the
+several parishes, townships, and places, wherein they reside, and
+punished in such manner as idle and disorderly persons are directed to
+be by the statute made in the seventeenth year of the reign of his late
+majesty King George the Second; and if any guardian shall neglect to
+make complaint thereof, against every such person or persons, to some
+neighbouring justice of the peace, within ten days after it shall come
+to his knowledge, he shall, for every such neglect, forfeit a sum not
+exceeding five pounds, nor less than twenty shillings, one moiety
+whereof, when recovered, shall be paid to the informer, and the other
+moiety to be disposed of as the other forfeitures are hereinafter
+directed to be applied.
+
+XXXII. And be it further enacted, that where there shall be, in any
+parish, township, or place, any poor person or persons who shall be able
+and willing to work, but who cannot get employment, it shall and may be
+lawful for the guardian of the poor of such parish, township or place,
+and he is hereby required, on application made to him by or on behalf of
+such poor person, to agree for the labour of such poor person or
+persons, at any work or employment suited to his or her strength and
+capacity, in any parish, township or place, near the place of his or her
+residence, and to maintain, or cause such person or persons to be
+properly maintained, lodged, and provided for, until such employment
+shall be procured, and during the time of such work, and to receive the
+money to be earned by such work or labour, and apply it in such
+maintenance, as far as the same will go, and make up the deficiency, if
+any; and if the same shall happen to exceed the money expended in such
+maintenance, to account for the surplus, which shall afterwards, within
+one calendar month, be given to such poor person or persons who shall
+have earned such money, if no further expenses shall be then incurred on
+his or her account to exhaust the same. And in case such poor person or
+persons shall refuse to work, or run away from such work or employment,
+complaint shall be made thereof by the guardian to some justice or
+justices of the peace in or near the said parish, township, or place;
+who shall enquire into the same upon oath, and on conviction punish such
+offender or offenders, by committing him, her, or them, to the house of
+correction, there to be kept to hard labour for any time not exceeding
+three calendar months, nor less than one calendar month.
+
+XLI. And whereas it frequently happens that poor children, pregnant
+women, or poor persons afflicted with sickness, or some bodily
+infirmity, are enticed, taken, or conveyed by parish officers, or other
+persons, from one parish or place to another, without any legal order of
+removal, in order to ease the one parish or place, and to burden the
+other with such poor person: for remedy thereof, be it further enacted,
+that, when any guardian, or other person or persons, shall so entice,
+take, convey, or remove, or cause or procure to be so enticed, taken,
+conveyed, or removed, any such poor person or persons from one parish or
+place to another, which shall adopt the provisions of this act, without
+an order of removal from two justices of the peace for that purpose,
+every person or persons so offending shall, for every such offence,
+forfeit a sum not exceeding twenty pounds, nor less than five pounds.
+
+
+5. SPEENHAMLAND "ACT OF PARLIAMENT" [_The Reading Mercury, May 11,
+1795_], 1795.
+
+Berkshire, to wit.
+
+At a General Meeting of the Justices of this County, together with
+several discreet persons assembled by public advertisement,[374] on
+Wednesday the 6th day of May, 1795, at the Pelican Inn in Speenhamland
+(in pursuance of an order of the last Court of General Quarter Sessions)
+for the purpose of rating Husbandry Wages, by the day or week, if then
+approved of, [names of those present]....
+
+Resolved unanimously,
+
+That the present state of the Poor does require further assistance than
+has been generally given them.
+
+Resolved,
+
+That it is not expedient for the Magistrates to grant that assistance by
+regulating the Wages of Day Labourers, according to the directions of
+the Statutes of the 5th Elizabeth and 1st James: But the Magistrates
+very earnestly recommend to the Farmers and others throughout the
+county, to increase the pay of their Labourers in proportion to the
+present price of provisions; and agreeable thereto, the Magistrates now
+present, have unanimously resolved that they will, in their several
+divisions, make the following calculations and allowances for relief of
+all poor and industrious men and their families, who to the satisfaction
+of the Justices of their Parish, shall endeavour (as far as they can)
+for their own support and maintenance.
+
+That is to say,
+
+When the Gallon Loaf of Second Flour, weighing 8lb. 11ozs. shall cost
+1s.
+
+Then every poor and industrious man shall have for his own support 3s.
+weekly, either produced by his own or his family's labour, or an
+allowance from the poor rates, and for the support of his wife and every
+other of his family, 1s. 6d.
+
+When the Gallon Loaf shall cost 1s. 4d.
+
+Then every poor and industrious man shall have 4s. weekly for his own,
+and 1s. and 10d. for the support of every other of his family.
+
+And so in proportion, as the price of bread rise or falls (that is to
+say) 3d. to the man, and 1d. to every other of the family, on every 1d.
+which the loaf rise above 1s.
+
+ By order of the Meeting,
+
+ W. BUDD, Deputy Clerk of the Peace.[375]
+
+[Footnote 374: _Reading Mercury_, May 4, contained an advertisement of a
+general meeting of justices "to limit, direct, and appoint the wages of
+day labourers."]
+
+[Footnote 375: Simultaneously the Magistrates published a recommendation
+to overseers to grow potatoes, setting poor people to work and offering
+them one-third or one-fourth of the crop, and to sell at 1s. a bushel;
+also to get in a stock of peat, faggots, furze, etc., in the summer and
+to sell at a loss in the winter.]
+
+
+6. THE WORKHOUSE SYSTEM [_Eden, The State of the Poor, 1797, Vol. II,
+pp. 168-9_], 1797.
+
+_Stanhope (Durham)._
+
+The poor have been farmed for many years: about fifteen years ago they
+were farmed for 250l.; but the expense has gradually increased since
+that period: the year before last, the expense was 495l., and last year
+494l.; and the Contractor says that he shall lose 100l. by his last
+bargain, and will not take the poor this year under 700l. Twenty-two
+poor people are at present in the house, and 100 families receive weekly
+relief out of it: these out-poor, the Contractor says, will cost him
+450l. for the year ending at May-day next. The Poor-house was built
+about fifteen years ago; it is, like most others in the hands of
+contractors, in a dirty state.
+
+_Preston (Lancashire)_[376].
+
+The number of poor in the workhouse a few weeks ago, was as follows:--
+
+ Men 26
+ Women 39
+ Boys 47
+ Girls 40
+ ---
+ Total 152
+ ---
+
+At present there are 158 or 159 in the house. The number of out-poor at
+present is 70; they cost about 10l. a week.
+
+The workhouse is built on a tolerable plan, but wants apartments for the
+sick. There are 4 or 5 beds in a room: the bedsteads are made of iron,
+and the beds are stuffed with chaff: white-washing and other means of
+keeping the house clean, seem rather neglected. It is said that about 15
+die in a year in the house. About 20 acres of land were inclosed from
+the common, for the use of the house, for keeping cows horses, and pigs;
+raising potatoes, etc.: this plot of ground is much improved by
+cultivation. Nothing is manufactured for the use of the house. The boys
+and girls are employed in weaving calicoes, till they are able to earn
+their living elsewhere. Old women wind cotton; a few, who can work, are
+employed in husbandry, gardening, and other occupations: no account of
+their earnings could be obtained.
+
+_St. Martin-in-the-Fields_ (_London_)[377].
+
+The poor of this parish are partly relieved at home, and partly
+maintained in the workhouse in Castle-street, Leicester Fields. There
+are, at present, about 240 weekly out-pensioners, besides a considerable
+number of poor on the casual list. Of 573, the number of poor at present
+in the workhouse, 473 are adults and 100 children; of which 54 are boys,
+21 girls, able to work, and 25 infants. Their principal employment is
+spinning flax, picking hair, carding wool, etc.; their annual earnings,
+on an average of a few years past, amount to about £150. It was once
+attempted to establish a manufacture in the house; but the badness of
+the situation for business, the want of room for workshops, and the
+difficulty of compelling the able poor to pay proper attention to work,
+rendered the project unsuccessful. Between 70 and 80 children belonging
+to this parish are, generally, out at nurse in the country: a weekly
+allowance of 3s. (lately advanced to 3s. 6d.) is paid with each child.
+
+At 7 or 8 years of age, the children are taken into the house, and
+taught a little reading, etc., for three or four years, and then put out
+apprentices.
+
+_Bulcamp_ (_Suffolk_)[378].
+
+The poor of 46 incorporated parishes in the hundred of Blything, are
+maintained in a house of industry, which is situated on an eminence in
+the parish of Bulcamp. The expense of erection was 12,000l.; the house
+was opened for the reception of the poor in October, 1766. The whole
+annual sum, to be paid by the parishes (which was fixed at the average
+of seven years' expenditure, previous to their incorporation), was
+3,084l. 12s. 8d.; in 1780 half the debt was paid off, and the rates
+reduced one-eighth, or to 2,699l. 1s. 1d.; in June, 1791, the whole debt
+was discharged. The rates have been continued at the reduced sum of
+2,699l. 1s. 1d. In 1793, the corporation found it necessary to apply to
+Parliament for farther powers, relative to the binding out poor children
+apprentices, which cost 350l. 15s.
+
+The work done in this house is chiefly spinning for the Norwich
+manufacture: clothes and bedding, etc., for the house, are also made at
+home. The following were the last week's earnings: an account of the
+annual earnings could not be procured; but it appears that they have
+been about 8l. a week, or 400l. a year, for several weeks past.
+
+ Worsted spinners 4l. 3s. 1-3/4d.
+ Tow spinners 1l. 12s. 1d.
+ Sempstresses 0l. 7s. 3d.
+ Tailors 0l. 9s. 0d.
+ Knitters 0l. 8s. 0d.
+ Weavers 0l. 7s. 0d.
+ Shoemakers 0l. 16s. 0d.
+ -----------------
+ Total earnings for one week 8l. 2s. 5-3/4d.
+ -----------------
+
+Number of paupers in the house in June, in each of the following years
+(the average number in the year must, probably, be more), and Table of
+Mortality:--
+
+ Years. No. of Persons. Deaths.
+
+ 1782 297 87
+ 1783 298 69
+ 1784 265 76
+ 1785 295 82
+ 1786 143 70
+ 1787 256 67
+ 1788 290 52
+ 1789 207 37
+ 1790 192 18
+ 1791 235 34
+ 1792 243 9
+ 1793 260 23
+ 1794 270 37
+ --------
+ Average of 13 years 50-11/13
+ --------
+
+The number at present in the house is 40 men, 60 women, and 255
+children: total 355.
+
+The house is very roomy and convenient. The beds are chiefly of
+feathers: the dormitories and other rooms are kept very clean. More
+work is done now than formerly; but owing to lowness of wages, the
+receipts have decreased.
+
+The number of deaths is very great, and, I presume, rather arises from
+the number of old persons admitted into the house than from any
+inattention towards the sick.
+
+[Footnote 376: _Ibid._, p. 368.]
+
+[Footnote 377: _Ibid._, p. 440]
+
+[Footnote 378: _Ibid._, p. 678.]
+
+
+7. TWO VARIETIES OF THE ROUNDSMAN SYSTEM OF RELIEF [_Eden, The State of
+the Poor, 1797, Vol. II, p. 29 and p. 384_], 1797.
+
+(_a_) _Winslow_ (_Buckinghamshire_)
+
+There seems to be a great want of employment: most of the labourers are
+(as it is termed), on the Rounds; that is, they go to work from one
+house to another round the parish. In winter sometimes 40 persons are on
+the rounds. They are wholly paid by the parish, unless the householders
+choose to employ them; and from these circumstances, labourers often
+become very lazy, and imperious. Children, above ten years old, are put
+on the rounds, and receive from the parish from 1s. 6d. to 3s. a week.
+
+(_b_) _Kibworth Beauchamp_ (Leicestershire)[379].
+
+In the winter, and at other times, when a man is out of work, he applies
+to the overseer, who sends him from house to house, to get employ: the
+housekeeper, who employs him, is obliged to give him victuals, and 6d. a
+day; and the parish adds 4d. (total, 10d. a day) for the support of his
+family; persons working in this manner are called rounds-men, from their
+going round the village or township for employ.
+
+[Footnote 379: Eden, _The State of the Poor_, Vol. II, p. 384.]
+
+
+8. ANOTHER EXAMPLE OF THE ROUNDSMAN SYSTEM [_Thomas Batchelor, The
+Agriculture of Bedfordshire (Agricultural Surveys), 1808, pp. 608-9_],
+1808.
+
+_Bedfordshire._
+
+The increase of population has caused a deficiency of employment, which
+is so remarkable in some seasons, that a great proportion of the
+labourers "go the rounds." This practice is not modern; but as it is not
+supposed to be sanctioned by law, it may be proper to describe the
+nature of it, and its general consequences. When a labourer can obtain
+no employment he applies to the acting overseer, from whom he passes on
+to the different farmers all round the parish, being employed by each of
+them after the rate of one day for every 20l. rent. The allowance to a
+labourer on the rounds, is commonly 2d. per day below the pay of other
+labourers, which is found to be a necessary check upon those who love
+liberty better than labour. Boys receive from 4d. to 6d. per day on the
+rounds, the whole of which is often repaid to the farmers by the
+overseers. About half the pay of the men is returned in the same manner,
+and the farmers often receive in this way the amount of from 2d. to 4d.
+in the pound rent, which consequently causes the apparent expense of the
+poor to exceed the truth. The practice in question has a very bad effect
+on the industry of the poor: they are often employed in trivial
+business; the boys in particular are of little use in the winter season.
+The men are careful not to earn more than they receive, and seem to
+think it the safer extreme to perform too little rather than too much.
+
+
+9. REPORT OF THE POOR LAW COMMISSION [_Report from Commission on the
+Poor Laws, 1834 (XXVII), pp. 297, 228, 47, 261-262, 306-307_], 1834.
+
+We recommend, therefore, the appointment of a Central Board to control
+the administration of the Poor Laws; with such assistant Commissioners
+as may be found requisite; and that the Commissioners be empowered and
+directed to frame and enforce regulations for the government of
+workhouses, and as to the nature and amount of the relief to be given
+and the labour to be exacted in them, and that such regulations shall,
+as far as may be practicable, be uniform throughout the country.
+
+ * * * * *
+
+It may be assumed that in the administration of relief, the public is
+warranted in imposing such conditions on the individual relieved, as are
+conducive to the benefit either of the individual himself, or of the
+country at large, at whose expense he is to be relieved.[380]
+
+The first and most essential of all conditions, a principle which we
+find universally admitted, even by those whose practice is at variance
+with it, is that his situation on the whole shall not be made really or
+apparently so eligible as the situation of the independent labourer of
+the lowest class. Throughout the evidence it is shown, that in
+proportion as the condition of any pauper is elevated above the
+condition of independent labourers, the condition of the independent
+class is depressed; their industry is impaired, their employment becomes
+unsteady, and its remuneration in wages is diminished. Such persons,
+therefore, are under the strongest inducements to quit the less eligible
+class of labourers and enter the more eligible class of paupers. The
+converse is the effect when the pauper class is placed in its proper
+position, below the condition of the independent labourer. Every penny
+bestowed, that tends to render the condition of the paupers more
+eligible than that of the independent labourer, is a bounty on indolence
+and vice. We have found, that as the poor's rates are at present
+administered, they operate as bounties of this description to the amount
+of several millions annually.
+
+ * * * * *
+
+Another evil connected with out-door relief, and arising from its
+undefined character, is the natural tendency to award to the deserving
+more than is necessary, or where more than necessary relief is afforded
+to all, to distinguish the deserving by extra allowances.[381] ... The
+whole evidence shows the danger of such an attempt. It appears that such
+endeavours to constitute the distributors of relief into a tribunal for
+the reward of merit, out of the property of others, have not only failed
+in effecting the benevolent intentions of their promoters, but have
+become sources of fraud on the part of the distributors, and of
+discontent and violence on the part of the claimants.
+
+ * * * * *
+
+The chief specific measures which we recommend are:[382]--
+
+First, that except as to medical attendance, and subject to the
+exception respecting apprenticeship hereinafter stated, all relief
+whatever to able-bodied persons or to their families, otherwise than in
+well-regulated workhouses (_i.e._, places where they may be set to work
+according to the spirit and intention of the 43rd of Elizabeth), shall
+be declared unlawful, and shall cease, in manner and at periods
+hereafter specified; and that all relief afforded in respect of
+children under the age of 16, shall be considered as afforded to their
+parents.
+
+At least four classes are necessary:[383]--(1) The aged and really
+impotent; (2) The children; (3) The able-bodied females; (4) The
+able-bodied males. Of whom we trust that the two latter will be the
+least numerous classes. It appears to us that both the requisite
+classification and the requisite superintendence may be better obtained
+in separate buildings than under a single roof.... Each class might thus
+receive an appropriate treatment; the old might enjoy their indulgences
+without torment from the boisterous; the children be educated, and the
+able-bodied subjected to such courses of labour and discipline as will
+repel the indolent and vicious.
+
+[Footnote 380: _Ibid._, p. 228.]
+
+[Footnote 381: _Ibid._, p. 47.]
+
+[Footnote 382: _Ibid._, pp. 261-2.]
+
+[Footnote 383: p. 306-7.]
+
+
+10. THE POOR LAW AMENDMENT ACT [_Statutes, 4 and 5 Wm. IV, 76_], 1834.
+
+An Act for the Amendment and better Administration of the Laws relating
+to the Poor in England and Wales.
+
+Whereas it is expedient to alter and amend the Laws relating to the
+Relief of poor Persons in England and Wales: Be it therefore enacted ...
+that it shall be lawful for His Majesty, His Heirs and Successors, by
+Warrant under the Royal Sign Manual, to appoint three fit persons to be
+Commissioners to carry this Act into execution....
+
+XV. And be it further enacted, ... for executing the powers given to
+them by this Act the said Commissioners shall and are hereby authorized
+and required, from time to time as they shall see occasion, to make and
+issue all such rules, orders, and regulations for the management of the
+poor, for the government of workhouses and the education of the children
+therein, and for the management of parish poor children under the
+provisions of an Act made and passed in the seventh year of the reign of
+His late Majesty King George the Third, intituled _An Act for the better
+Regulation of Parish poor Children of the several Parishes therein
+mentioned within the Bills of Mortality_, and the superintending,
+inspecting, and regulating of the Houses wherein such poor children are
+kept and maintained, and for the apprenticing the children of poor
+persons, and for the guidance and control of all Guardians, Vestries,
+and Parish officers, so far as relates to the management or relief of
+the poor, and the keeping, examining, auditing, and allowing of
+accounts, and making and entering into contracts in all matters relating
+to such management or relief, or to any expenditure for the relief of
+the poor, and for carrying this Act into execution in all other
+respects, as they shall think proper; and the said Commissioners may, at
+their discretion, from time to time suspend, alter, or rescind such
+rules, orders, and regulations, or any of them: provided always that
+nothing in this Act contained shall be construed as enabling the said
+commissioners or any of them to interfere in any individual case for the
+purpose of ordering relief.
+
+XXVI. And be it further enacted, that it shall be lawful for the said
+commissioners, by order under their hands and seal, to declare so many
+parishes as they may think fit to be united for the administration of
+the laws for the relief of the poor, and such parishes shall thereupon
+be deemed a Union for such purpose, ... but, notwithstanding ... each of
+the said parishes shall be separately chargeable with and liable to
+defray the expense of its own poor, whether relieved in or out of any
+such workhouse.
+
+XXXVIII. And be it further enacted, that where any parishes shall be
+united by order or with concurrence of the said commissioners for the
+administration of the laws for the relief of the poor, a Board of
+Guardians of the poor for such Union shall be constituted and chosen,
+and the workhouse or workhouses of such Union shall be governed, and the
+relief of the poor in such Union shall be administered, by such Board of
+Guardians; and the said Guardians shall be elected by the ratepayers,
+and by such owners of property in the parishes forming such Union as
+shall in manner hereinafter mentioned require to have their names
+entered as entitled to vote as owners in the books of such parishes
+respectively.
+
+
+11. OUTDOOR RELIEF PROHIBITORY ORDER [_11th Annual Report of the Poor
+Law Commissioners, pp. 29-33_], 1844.
+
+_Amended General Orders._--_Regulating the Belief of Able-Bodied Poor
+Persons._
+
+1. Every able-bodied person, male or female, requiring relief from any
+parish within any of the said Unions, shall be relieved wholly in the
+workhouse of the Union, together with such of the family of every such
+able-bodied person as may be resident with him or her, and they not be
+in employment, and together with the wife of every such able-bodied male
+person, if he be a married man, and if she be resident with him; save
+and except in the following cases:--
+
+1st. Where such person shall require relief on account of sudden and
+urgent necessity.
+
+2nd. Where such person shall require relief on account of any sickness,
+accident, or bodily or mental infirmity affecting such person, or any of
+his or her family.
+
+ * * * * *
+
+4th. Where such person, being a widow, shall be in the first six months
+of her widowhood.
+
+5th. Where such person shall be a widow, and have a legitimate child or
+legitimate children dependent upon her, and incapable of earning his,
+her, or their livelihood, and have no illegitimate child born after the
+commencement of her widowhood.
+
+ * * * * *
+
+7th. Where such person shall be the wife, or child, of any able-bodied
+man who shall be in the service of Her Majesty as soldier, sailor, or
+marine.
+
+ * * * * *
+
+Given under our hands and Seal of Office, this 21st day of December, in
+the year of our Lord 1 thousand 8 hundred and 44.
+
+ (Signed) GEO. NICHOLLS.
+ G.C. LEWIS.
+ EDWARD W. HEAD.
+
+
+
+
+SECTION VI
+
+FINANCE AND FOREIGN TRADE
+
+ 1. Act abolishing Tenure by Knight Service, etc., 1660--2. Navigation
+ Act, 1660--3. Proposals for Free Export of Gold and Silver, 1660--4.
+ An Attack on the Navigation Acts, c. 1663--5. Free Coinage at the
+ Mint Proclaimed, 1666--6. The East India Company and the Interlopers,
+ 1684--7. Foundation of the Bank of England, 1694--8. The Need for the
+ Recoinage of 1696--9. Speech by Sir Robert Walpole on the Salt
+ Duties, 1732--10. Pitt's Sinking Fund Act, 1786--11. The Suspension
+ of Cash Payments, 1797--12. Pitt's Speech on the Income Tax,
+ 1798--13. Foreign Trade in the early Nineteenth Century, 1812--14.
+ Debate on the Corn Law, 1815--15. The Corn Law of 1815--16. Free
+ Trade Petition, 1820--17. The Foundation of the Anti-Corn-Law League,
+ 1839--18. The Bank Charter Act, 1844--19. Debate on the Corn Laws,
+ 1846.
+
+
+This section illustrates various departments of Government policy:
+taxation and revenue (Nos. 1, 9 and 12), public debts (Nos. 7 and 10),
+fiscal and trade policy (Nos. 1, 2, 4, 6, 13-17, 19), the coinage (Nos.
+3, 5 and 8), and the national Bank (Nos. 7, 11, and 18). The specimens
+of revenue policy begin with the Act by which Charles II abandoned
+feudal dues in exchange for a general and hereditary excise (No. 1). The
+principle involved in this transaction may be compared with Sir Robert
+Walpole's remarks on the question of justice in taxation (No. 9) and
+with Pitt's speech on introducing the Income Tax in 1798, which also
+gives a survey of the whole financial position and a defence of the
+policy of paying for wars out of hand (No. 12). The opposite policy, of
+war-loans, had been adopted earlier, and the French wars of the
+seventeenth and eighteenth centuries established the funding system. An
+outline is given of the Sinking Fund by which it was supposed that this
+national liability could be reduced while it was being created (No.
+10). The foundation of the Bank of England (No. 7) was an important step
+in the policy of national loans as well as an encouragement to the
+growth of capital and capitalist industry. The French wars at the end of
+the eighteenth century produced a crisis in the management of the Bank's
+reserve; an official report explains the causes of the panic which led
+to the suspension of cash payments and also shows the deliberate policy
+by which the suspension was continued till 1819 (No. 11). This was the
+first controversy of great importance on the subject of currency since
+the seventeenth century, when the government of Charles II had adopted
+the policy of allowing free export and free coinage of Gold and Silver
+(Nos. 3 and 5). The gradual deterioration of the coinage which led to
+the recoinage of 1696 is illustrated by a contemporary description (No.
+8). The Bank Charter Act (No. 18) shows the financial aspect of rapid
+national expansion in the nineteenth century and the method adopted to
+give stability to credit by limiting the issue of unsupported paper
+currency, in the period before the triumph of the cheque system.
+
+The Navigation Act of Charles the second's reign (No. 2) formed part of
+a system by which the State set itself to encourage particular
+industries and took a part in the struggle for commercial leadership.
+(See also Nos. 4 and 6.) The complications of this policy with
+considerations of revenue and particular interests rapidly increased,
+while the manufacturing export trade became more important (No. 13). A
+reaction led by the Economists had begun in the latter part of the
+eighteenth century. In the nineteenth century the battle raged over the
+special protection successfully claimed by the Agricultural Interest in
+the depression at the end of the Napoleonic wars (No. 15). The debates
+and petitions (No. 14, No. 16, No. 19) bristle with the new Political
+Economy. They also give an indication of the new social class created by
+the Industrial Revolution and of the struggle of the landowners with the
+North of England manufacturers who founded and financed the
+Anti-Corn-Law League, the most successful of all political associations
+for an economic object (No. 17).
+
+
+AUTHORITIES
+
+ The most important modern authorities on taxation and finance are:
+ Dowell, _History of Taxation and Taxes_; Seligman, _The Income Tax_;
+ Kennedy, _English Taxation_,1640-1799: on currency and banking, Shaw,
+ _History of the Currency_; Andréadés, _History of the Bank of
+ England_; Thorold Rogers, _The First Nine Years of the Bank of
+ England_; Bagehot, _Lombard Street_: on commercial and fiscal policy;
+ Day, _History of Commerce_; Levi, _History of British Commerce_;
+ Hewins, _English Trade and Finance_; Beer, _The Old Colonial System_
+ and _British Colonial Policy_; Hertz, _The Old Colonial System_;
+ Ashley, _Surveys_; Cunningham, _Growth of English Industry and
+ Commerce, Modern Times_, and _Rise and Decline of the Free Trade
+ Movement_; Bruce, _Annals of the East India Company_; Holland, _The
+ Fall of Protection_; Morley, _Life of Cobden_; Trevelyan, _Life of
+ Bright_; Nicholson, _The English Corn Laws_. Smart, _Economic Annals
+ of the Nineteenth Century_, analyses economic debates, legislation
+ and conditions in the early nineteenth century.
+
+ Bibliographies in Cunningham, _op. cit._, Day _op. cit._, Cambridge
+ Modern History, Vols. VI and X, and Grant Robertson, _England Under
+ the Hanoverians_.
+
+ _Contemporary._--Parliamentary Paper, XXXV, 1869, gives a summary of
+ public revenue and expenditure, 1688-1869. Important documents for
+ financial history are contained in the seventeenth century Treasury
+ Papers (ed. Shaw). The Advice of the Council of Trade on the
+ Exportation of Gold and Silver, 1660, is in McCulloch's Collection of
+ Tracts on Money. The official history of the suspension of cash
+ payments is in the Reports of Committees on the Restriction in
+ Payments, 1797 (XI), on the High Price of Gold, 1810 (III), and on
+ Cash Payments, 1819 (III).
+
+ A collection of literary authorities on monetary questions was made
+ by McCulloch, "A Select Collection of Scarce and Valuable Tracts on
+ Money"; it includes Petty's Quantulumcunque, Isaac Newton's
+ Representations, etc. For contemporary opinion on taxation and
+ finance, see Petty, Taxes and Taxation Price; Observations on
+ Reversionary Payments, and The State of the Public Debts; Smith, The
+ Wealth of Nations, and the Speeches of Pitt (Everyman Series), and of
+ Cobden (edited Bright and Rogers). For foreign commerce consult The
+ Diary and Consultation Book of Fort St. George (ed. Pringle), and
+ Reports of Commons Committee on Orders in Council, 1812, together
+ with the pamphlet literature on Colonial policy (see Cunningham _op.
+ cit._ and McCulloch's Select Collection of Tracts on Commerce).
+
+
+1. ACT ABOLISHING TENURE BY KNIGHT SERVICE, ETC. [_Statutes, 12 Charles
+II, 24_], 1660.
+
+It is hereby enacted that the Court of Wards and Liveries and all
+Wardships, Liveries, Primer-Seizins, and Ouster-le-mains, values, and
+forfeitures of marriages by reason of any tenure of the King's majesty
+or of any other knight's service, and all mean rates and all other
+gifts, grants, charges incident or arising for or by reason of wardships
+[etc.], be taken away and discharged. And that all fines for alienation,
+seizures, and pardons for alienations, tenure by homage [etc.], also
+Aide pur file marrier et pur farer fitz chivalier, and all other charges
+incident thereunto, be likewise taken away and discharged, as from
+February 24, 1645. And that all tenures by knight's service of the King,
+or of any other person and by knight service in capite, and by socage in
+capite of the King, and the fruits and consequents thereof--be taken
+away and discharged.
+
+And all tenures of any Honours, manors, lands, tenements, or
+hereditaments of any estate of inheritance at the common law, held
+either of the King or of any other person or persons, bodies politic or
+corporate are hereby enacted to be turned into free and common socage to
+all intents and purposes.
+
+[Purveyance and Pre-emption abolished.]
+
+XIV. And now to the intent and purpose that his Majesty, his heirs and
+successors, may receive a full and ample recompence--there shall be paid
+unto the King's majesty his heirs and successors forever hereafter in
+recompence as aforesaid the several rates [etc.] following:--
+
+ [1s. 3d. a barrel of beer sold above 6s. a barrel.
+ 3d. a barrel of beer sold at 6s. or below 6s. a barrel.
+ 2d. a gallon of spirits imported.
+ 3s. a barrel of beer imported.
+ 1d. a gallon of aqua-vitae, etc.]
+
+
+2. NAVIGATION ACT [_Statutes, 12 Chas. II, 18_], 1660.
+
+An Act for the encouraging and increasing of shipping and navigation.
+
+For the increase of shipping and encouragement of the navigation of this
+nation wherein, under the good providence and protection of God, the
+wealth, safety and strength of this kingdom is so much concerned; be it
+enacted by the King's most excellent majesty, and by the lords and
+commons in this present parliament assembled, and by the authority
+thereof, that from and after the first day of December one thousand six
+hundred and sixty, and from thenceforward, no goods or commodities
+whatsoever shall be imported into or exported out of any lands, islands,
+plantations or territories to his Majesty belonging or in his
+possession, or which may hereafter belong unto or be in the possession
+of his Majesty, his heirs and successors, in Asia, Africa or America, in
+any other ship or ships, vessel or vessels whatsoever, but in such ships
+or vessels as do truly and without fraud belong only to the people of
+England or Ireland, dominion of Wales or town of Berwick-upon-Tweed, or
+are of the built of and belonging to any the said lands, islands,
+plantations or territories, as the proprietors and right owners thereof,
+and whereof the master and three-fourths of the mariners at least are
+English.
+
+And it is further enacted by the authority aforesaid, that no goods or
+commodities that are of foreign growth, production or manufacture, and
+which are brought into England, Ireland, Wales, the islands of Guernsey
+and Jersey, or town of Berwick-upon-Tweed, in English-built shipping, or
+other shipping belonging to some of the aforesaid places, and navigated
+by English mariners, as aforesaid, shall be shipped or brought from any
+other place or places, country or countries, but only from those of the
+said growth, production or manufacture, or from those ports where the
+said goods and commodities can only, or are, or usually have been, first
+shipped for transportation, and from none other places or countries.
+
+
+3. PROPOSALS FOR FREE EXPORTATION OF GOLD AND SILVER [_McCulloch, Tracts
+on Money,1856, pp. 145_], 1660.
+
+Advice of his Majesty's Council of Trade, concerning the Exportation of
+Gold and Silver in Foreign Coins and Bullion.
+
+[Concluded Dec. 11, 1660.]
+
+... Supposing that it were of absolute necessity to restrain all money
+and bullion, once imported, to be kept within this kingdom. It then came
+under consideration whether either the laws hitherto made in that behalf
+are, or that it be possible to make a law, adequate to prevent the
+exportation thereof.
+
+And here we were convinced, by experience, that the laws of this kingdom
+(hitherto made) have been of no effect to the end thereby designed; and
+looking abroad, as there are nowhere more strict and severe laws against
+the exportation of coin and bullion than in Spain and France, we found
+all to be to as little purpose.
+
+We then, thirdly, enquired what loadstone attracted this metal by force
+of nature to itself, against all human providence or prevention; and
+soon found that it was alone the present course of trade and traffic
+throughout the world....
+
+And therefore, in the fourth place, we discovered that, as it is
+impossible by any laws to restrain money and bullion against the use
+that traffic finds for the same; so also the adhering to this principle
+of restraining thereof discourageth, as well all natives as foreigners,
+to import any money or bullion--where the exportation thereof is
+forbidden them.
+
+From whence, fifthly, the many advantages (thereby given away clearly to
+the stranger from the English) present themselves; for the stranger,
+knowing we must be furnished in one of these places for our occasions,
+make us pay dearly for our accommodation.
+
+So that, to wind up all that has been said, the result of the several
+reasons and arguments herein summed up seemed to be this: that time and
+experience instruct, and the present state of traffic throughout the
+world require, that, for the increase of the stock of money in these
+your Majesty's kingdoms, some way of liberty for the exportation, at
+least of foreign coin and bullion, should be found out, and put in
+execution; which hath produced the humble advice offered in the
+preceding paper.
+
+
+4. AN ATTACK ON THE NAVIGATION ACT[384] [_P.R.O. Colonial Papers, Vol.
+XXXVI, No. 88_], _c._ 1663.
+
+_To the King's Most Excellent Majesty._
+
+_The Humble Remonstrance_ of John Bland, of London, Merchant, on the
+behalf of the Inhabitants and Planters of Virginia and Maryland.
+
+Most humbly representing unto your Majesty the inevitable destruction of
+these colonies, if so be that the late Act for increase of trade and
+shipping be not as to them dispensed with; for it will not only ruinate
+the inhabitants and planters, but make desolate the largest, fertilist,
+and most glorious plantations under Your Majesty's Dominion; the which,
+if otherwise suspended, will produce the greatest advantage to this
+nation's commerce and considerablest income to Your Majesty's revenue,
+that any part of the world doth to which we trade. [Rejoinder to
+argument that the Dutch prohibit English trade with their Indian
+Dominions. The American colonies are in need of customers. Why should
+the Dutch be prevented from dealing with them?]
+
+Virginia and Maryland are colonies, which though capable of better
+commodities, yet for the present afford only these, tobacco chiefly,
+then in the next place corn and cattle, commodities almost in every
+country whatever to be had; withal they are such commodities, that
+except purchased in these plantations so cheap as not elsewhere so to be
+had, none would ever go thither to fetch them, no, not we ourselves.
+Which being so, then certainly it cannot stand with wisdom to hinder the
+Hollanders from going thither.
+
+Then again, if you keep thence the Hollanders, can it be believed that
+from England more ships will be sent than are able to bring thence what
+tobacco England will spend? If they do bring more, must they not lose
+both stock and block, principal and charges?...
+
+A further prejudice doth evidently attend the commerce by this Act, not
+only in debarring Hollanders from trading to these colonies, but thereby
+we do likewise debar ourselves; for, by the Act, no English ships can
+load any goods in Virginia and Maryland to transport to any country but
+our own territories.... I demand then, if it would not be better to let
+our English ships, loading in those colonies, to go whither they please,
+and pay in the places where they do trade (if it will not be dispensed
+with otherwise), the same customs to your Majesty as they should have
+done in England, or give bills from thence to pay it in England?
+Certainly this would be more beneficial to the commerce, and security
+both for the ships and goods, and advantageous to your Majesty; for
+whilst they are coming to England they might be at the end of their
+intended voyages and obtain a market, which haply in England could not
+be had....
+
+If that notwithstanding what is by the foregoing particulars declared,
+it may seem reasonable that the Act shall stand in force.... Then let me
+on behalf of the said colonies of Virginia and Maryland make these
+following proposals which I hope will appear but equitable; and I dare
+undertake for them, that they will be very well satisfied, that those
+few tobacconists that have engrossed that trade into their hands, shall
+still continue in it without moving further against them therein.
+
+First, that the traders to Virginia and Maryland from England shall
+furnish and supply the planters and inhabitants of these colonies with
+all sorts of commodities and necessaries which they may want or desire,
+at as cheap rates and prices as the Hollanders used to have when the
+Hollander was admitted to trade hither.
+
+Secondly, that the said traders out of England to these colonies shall
+not only buy of the planters such tobacco in the colonies as is fit for
+England, but take off all that shall be yearly made by them, at as good
+rates and prices as the Hollanders used to give....
+
+By way of accommodation this I propose. Let all Hollanders and other
+nations whatsoever freely trade into Virginia and Maryland, and bring
+thither and carry thence whatever they please, and to counterpoise the
+cheapness of their sailing, with dearness of our ships, to pay a set
+duty and imposition that may countervail the same; and when what they
+paid formerly will not do it, let it be doubled and trebled, as shall be
+thought meet, yet still with this caution, that it may not make it as
+bad as if they were totally prohibited.
+
+In the next place, that all English ships that do go thither to trade,
+and carry goods to any other country besides England, may be freed of
+any custom there, more than some certain duty to the use of the
+colonies....
+
+[Footnote 384: Quoted in _The Virginia Magazine of History and
+Biography_, Vol. I, pp. 142-145.]
+
+
+5. FREE COINAGE OF BULLION AT THE MINT PROCLAIMED [_Statutes, 18 Chas._
+II, 5], 1666.
+
+Whereas it is most obvious that the plenty of current coins of gold and
+silver of this kingdom is of great advantage to trade and commerce ...
+be it enacted ... that whatsoever person or persons, native or
+foreigner, alien or stranger, shall from and after the twentieth day of
+December one thousand six hundred sixty and six, bring in any foreign
+coin, plate or bullion of gold or silver, in mass, molten or alloyed, or
+any sort of manufacture of gold or silver, into his Majesty's mint or
+mints within the kingdom of England, to be there melted down and coined
+into the current coins of this kingdom, shall have the same there
+assayed, melted down and coined with all convenient speed, without any
+defalcation, diminution or charge for the assaying, coinage or waste in
+coinage: so as that for every pound troy of crown or standard gold that
+shall be brought in and delivered by him or them ... there shall be
+delivered ... a pound troy of the current coins of this kingdom, of
+crown or standard gold.
+
+
+6. THE EAST INDIA COMPANY AND THE INTERLOPERS [_Diary and Consultation
+Book of Fort St. George, Ed. Pringle Series I, Vol. III, p. 49_], 1684.
+
+_To Sir John Wetwangs, Commander of ship Royal James._
+
+His Majesty the King of England our Sovereign Lord having granted the
+Honourable East India Company full power and authority to enter into any
+ship or vessel, and to make seizure of the same, that shall be found in
+these parts of the East Indies, contrary to his royal will and
+pleasure,[385] ... we therefore, the Agent and Council of Fort St.
+George, for the said Honourable East India Company, do ... (there being
+now an Interlopers' ship, the _Constantinople_, merchant, John Smith,
+master, at Covelon), require you immediately to repair aboard your ship,
+weigh anchor, and set sail for that port of Covelon, and there seize
+upon the said Interlopers' ship and bring her into this Road of
+Madras.... Dated in Fort St. George the sixth day of June, 1684.
+
+ WILLIAM GYFFORD.
+ JOHN BIGRIG.
+ ELIHU YALE.
+ JOHN NICKS.
+ JOHN LITTLETON.
+ JOHN GRAY.
+
+[Footnote 385: New Charter granted Aug. 9, 1683.]
+
+
+7. FOUNDATION OF THE BANK OF ENGLAND [_Statutes, 5 & 6, Wm. & Mary,
+20_], 1694.
+
+ An Act for granting to their Majesties several rates and duties upon
+ tunnage of ships and vessels, and upon beer, ale, and other liquors,
+ for securing certain recompences and advantages in the said act
+ mentioned, to such persons as shall voluntarily advance the sum of
+ fifteen hundred thousand pounds, towards the carrying on the war
+ against France.
+
+XIX. And be it farther enacted by the authority aforesaid, that it shall
+and may be lawful to and for their Majesties, by commission under the
+great seal of England, to authorize and appoint any number of persons to
+take and receive all such voluntary subscriptions as shall be made on or
+before the first day of August, which shall be in the year of our Lord
+one thousand six hundred ninety four, by any person or persons, natives
+or foreigners, bodies politic or corporate.
+
+XX. And be it further enacted, that it shall and may be lawful to and
+for their Majesties, by letters patents under the great seal of England,
+to limit, direct, and appoint, how and in what manner and proportions,
+and under what rules and directions, the said sum of twelve hundred
+thousand pounds, part of the said sum of fifteen hundred thousand
+pounds, and the said yearly sum of one hundred thousand pounds, part of
+the said yearly sum of one hundred and forty thousand pounds, and every
+or any part or proportion thereof, may be assignable or transferable,
+assigned or transferred, to such person or persons only as shall freely
+and voluntarily accept of the same, and not otherwise; and to
+incorporate all and every such subscribers and contributors, their
+heirs, successors, or assigns, to be one body corporate and politic, by
+the name of the governor and company of the bank of England, and, by the
+same name of the governor and company of the bank of England, to have
+perpetual succession, and a common seal.
+
+XXVIII. Provided, that nothing herein contained shall any ways be
+construed to hinder the said corporation from dealing in bills of
+exchange, or in buying or selling bullion, gold, or silver, or in
+selling any goods, wares, or merchandize whatsoever, which shall really
+and _bona fide_ be left or deposited with the said corporation for
+money lent and advanced thereon, and which shall not be redeemed at the
+time agreed on, or within three months after, or from selling such goods
+as shall or may be the produce of lands purchased by the said
+corporation.
+
+
+8. THE NEED FOR THE RECOINAGE OF 1696 [_H. Haynes, Brief Memoirs
+Relating to the Silver and Gold Coins of England (in Lansdowne MSS, 801,
+British Museum_), _fs._ 33-48].
+
+The silver money of England as well as the coins of all other countries
+are liable to abuse by these three following methods:
+
+1st, by alteration of the standard appointed by public authority.
+
+2nd, by melting them down and converting the metal to other uses.
+
+3rd, by exporting them into foreign countries, to carry on a trade.
+
+And by all those methods was the whole stock of the cash of this kingdom
+excessively impaired before the late grand coinage.
+
+For 1st. the standard of our silver moneys appointed by the Government
+was notoriously violated. By standard is here meant that particular
+weight and fineness in the silver moneys which was settled by Queen
+Elizabeth and continued all her time, and after it, through the reigns
+of all her several successors down to her present Majesty, and was
+lately confirmed by Act of Parliament....
+
+These were the just weights, and the legal fineness of our silver moneys
+coined with the hammer, of which sort the far greater part of the cash
+of the whole kingdom did consist; but they were very liable to be
+clipped and diminished in their weight, because very few of these pieces
+were of a just assize when they first came out of the Mint. So many
+pieces, I suppose, were by the Moneyers cut out of a bar of standard
+silver, as did pretty exactly answer the pound weight Troy; and the tale
+of the pieces required in that weight, by the Indenture of the Mint: but
+though all the pieces together might come near the pound weight or be
+within remedy; yet divers of them compared one with the other were very
+disproportionable, as was too well known to many persons, who picked out
+the heavy pieces, and threw them into the melting pot, to fit them for
+exportation, or to supply the silver smiths.
+
+[Pieces of hammered money, "though never clipped, did many of them in
+their weight and value want or exceed the legal standard." Crowns varied
+from 5s. 3d. to 4s. 9d., half-crowns from 3s. to 2s. 4d., etc.]
+
+According to the best observation of Goldsmiths[386] and others the
+clipping of our coins began to be discoverable in great receipts a
+little after the Dutch war in 1672, but it made no great progress at
+first for some years: and the silver moneys of Queen Elizabeth were very
+little diminished.... But the yearly loss by clipping made terrible
+advances every year from 1686.... In the later end of 1695[387] the
+public loss upon all the clipped money then actually current (if one may
+judge of the whole by the foregoing table) was at least 45 per cent. by
+mere clipping and light counterfeit pieces, which upon the whole running
+silver cash of the kingdom amounts to 2,250,000l.[388] ...
+
+The whole kingdom was in a general distraction by the badness of the
+silver coin and the rise of guineas, for no one knew what to trust to;
+the landlord knew not in what to receive his rents, nor the tenant in
+what to pay them. Neither of them could foretell the value of his moneys
+to-morrow. The merchant could not foresee the worth of his wares at two
+or three days distance, and was at a loss to set a price upon his goods.
+Everybody was afraid to engage in any new contracts, and as shy in
+performing old ones, the King subsisted his forces in foreign parts at
+the disadvantage of seven or eight per cent. interest and five per cent.
+premio for money borrowed here, besides the loss by the Exchange abroad:
+and how to provide for the next year's expense, was a mystery.
+
+[Footnote 386: _Ibid._ folio 38.]
+
+[Footnote 387: _Ibid._ folio 40.]
+
+[Footnote 388: _Ibid._ folio 48.]
+
+
+9. SPEECH BY SIR ROBERT WALPOLE ON THE SALT DUTIES [_Parliamentary
+History (Cobbett), Vol. VIII, Col. 943_], 1732.
+
+_House of Commons. Debate on Sir Robert Walpole's motion for Salt
+Duties. February 9, 1732._
+
+Sir Robert Walpole stood up and spoke as follows:--
+
+Mr. Speaker,
+
+As there is nothing his Majesty has more at heart than the giving all
+possible ease to his subjects; so, whenever he is necessarily obliged to
+desire assistance from them for the immediate support of the government,
+he desires that they would choose those ways and means for raising the
+annual supplies, which are least burthensome to the people, and which
+makes the load fall equally upon the subjects in general. When money is
+to be raised for the public good, for the security of all, he thinks
+that every one ought to contribute his share, in proportion to the
+benefit that he is thereby to receive.
+
+As to the manner, sir, of raising taxes upon the people, it is a certain
+maxim that that tax which is the most equal and the most general, is the
+most just, and the least burthensome. Where every man contributes a
+small share, a great sum may be raised for the public service, without
+any man's being sensible of what he pays; whereas a small sum, raised
+upon a few, lies heavy upon each particular man, and is the more
+grievous, in that it is unjust; for where the benefit is mutual, the
+expense ought to be in common. Of all the taxes I ever could think of,
+there is not one more general nor one less felt, than that of the duty
+upon salt. The duty upon salt is a tax that every man in the nation
+contributes to according to his circumstances and condition in life;
+every subject contributes something; if he be a poor man, he contributes
+so small a trifle, it will hardly bear a name; if he be rich, he lives
+more luxuriously, and consequently contributes more; and if he be a man
+of a great estate, he keeps a great number of servants, and must
+therefore contribute a great deal. Upon the other hand, there is no tax
+that ever was laid upon the people of this nation, that is more unjust
+and unequal than the Land Tax. The landholders bear but a small
+proportion to the people of this nation, or of any nation; yet no man
+contributes any the least share to this tax, but he that is possessed of
+a land estate; and yet this tax has been continued without intermission
+for above these 40 years.
+
+
+10. PITT'S SINKING FUND ACT [_Statutes, 26 Geo. III, 31_], 1786.
+
+An Act for vesting certain sums in commissioners, at the end of every
+quarter of a year, to be by them applied to the reduction of the
+national debt.
+
+[£250,000 is to be set apart quarterly out of the sinking fund.]
+
+IV. Provided always, and be it enacted by the authority aforesaid, that
+if at any time it should happen, that at the end of the year ending the
+fifth day of January, one thousand seven hundred and eighty seven, or at
+the end of any future year, computed as aforesaid, after provision shall
+have been made for all payments for which monies are previously to be
+set apart or issued according to the directions of this act, the said
+surpluses, excesses, and overplus monies, composing the sinking fund,
+shall not be sufficient to make good as well all such deficiencies as
+shall have arisen during such year, as the payment of the sum of two
+hundred and fifty thousand pounds then due, in every such case, the
+amount of such deficiency or deficiencies, whether the same shall have
+arisen in any preceding quarter or quarters within such year, or in the
+quarter ending on the fifth day of January on which such year shall end,
+shall not be carried forward as a charge on the said sinking fund at the
+end of the next succeeding quarter, but shall be made good out of any
+aids or supplies which shall be or shall have been granted by parliament
+for the service of the then current year; and the amount of such
+deficiency or deficiencies so to be made good, shall be issued to the
+governor and company of the bank of England, in the manner hereinafter
+directed, within ten days after monies sufficient to answer the same
+shall have been paid into his Majesty's receipt of exchequer, on account
+of any such aids or supplies.
+
+V. And be it further enacted by the authority aforesaid, that the monies
+so set apart, at the end of any quarter of a year ending as aforesaid,
+or of any year computed as aforesaid either for the payment of the sum
+of two hundred and fifty thousand pounds due at the end of such quarter,
+or of any part thereof, or for making good such deficiency or
+deficiencies as aforesaid, shall forthwith be issued and paid to the
+governor and company of the bank of England, and shall by them be placed
+to an account to be raised in their books, and to be intituled, The
+account of the commissioners appointed by act of parliament for applying
+certain sums of money annually to the reduction at the national debt:
+and that as well all such monies, as any other monies which shall be
+paid to the governor and company of the bank of England by virtue of
+this act, to be placed to the said account, shall be applied by the
+commissioners hereinafter appointed towards the reduction of the
+national debt, in the manner hereinafter directed, and to no other
+intent or purpose, and in no other manner whatever.
+
+X. And be it further enacted by the authority aforesaid, that all monies
+whatever, which shall be placed from time to time to the account of the
+said commissioners by virtue of this act, shall be applied by them
+either in payments for the redemption of such redeemable public
+annuities as shall be at or above par, in such manner and at such
+periods as shall be directed by any future act or acts of parliament, or
+to the purchase of any public annuities below par in the manner
+hereinafter directed.
+
+
+11. THE SUSPENSION OF CASH PAYMENTS [_Reports of Committees on Bank of
+England, 1797 and 1826, in Reports 1826 (III), pp. 142 and 255-256_],
+1797.
+
+The alarm of Invasion [in 1796-1797] which, when an immediate attack was
+first apprehended in Ireland, had occasioned some extraordinary demand
+for cash on the Bank of England, in the months of December and January
+last, began in February to produce similar results in the north of
+England. Your Committee find, that in consequence of this apprehension,
+the farmers suddenly brought the produce of their lands to sale, and
+carried the notes of the County Banks, which they had collected by those
+and other means, into those banks for payment; that this unusual and
+sudden demand for cash reduced the several banks at Newcastle to the
+necessity of suspending their payments in specie, and of availing
+themselves of all the means in their power of procuring a speedy supply
+of cash from the metropolis; that the effects of this demand on the
+Newcastle banks and their suspension of payments in cash, soon spread
+over various parts of the country, from whence similar applications were
+consequently made to the metropolis for cash; that the alarm thus
+diffused not only occasioned an increased demand for cash in the
+country, but probably a disposition in many to hoard what was thus
+obtained; that this call on the metropolis, through whatever channels,
+directly affected the Bank of England, as the great repository of cash,
+and was in the course of still further operation upon it, when stopped
+by the Minute of Council of the 26th of February.[389]
+
+ * * * * *
+
+Your Committee find, that the Court of Directors of the Bank did, on the
+26th October 1797, come to a Resolution, a copy of which is subjoined to
+this Report.
+
+Your Committee, having further examined the Governor and Deputy
+Governor, as to what may be meant by the political circumstances
+mentioned in that resolution, find, that they understand by them, the
+state of hostility in which the nation is still involved, and
+particularly such apprehensions as may be entertained of invasion,
+either in Ireland or in this country, together with the possibility
+there may be of advances being to be made from this country to Ireland;
+and that from these circumstances so explained, and from the nature of
+the war, and the avowed purpose of the enemy to attack this country by
+means of its public credit, and to distress it in its financial
+operations, they are led to think that it will be expedient to continue
+the restriction now subsisting, with the reserve for partial issues of
+cash, at the discretion of the Bank, of the nature of that contained in
+the present Acts; and that it may be so continued, without injury to the
+credit of the Bank, and to the advantage of the nation.
+
+"_Resolved_, that it is the opinion of this Court,[390] that the
+Governor and Company of the Bank of England are enabled to issue Specie,
+in any manner that may be deemed necessary for the accommodation of the
+public; and the Court have no hesitation to declare that the affairs of
+the Bank are in such a state, that it can with safety resume its
+accustomed functions, if the political circumstances of the country do
+not render it inexpedient: but the Directors deeming it foreign to their
+province to judge of these points, wish to submit to the wisdom of
+Parliament, whether, as it has been once judged proper to lay a
+restriction on the payment of the bank in cash, it may, or may not, be
+prudent to continue the same?"[391]
+
+[Footnote 389: The Minute of February 26, 1797, suspended the obligation
+of the Bank of England to pay coin for its notes.]
+
+[Footnote 390: Copy of a Resolution of the Court of Directors of the
+Bank of England at a meeting on Thursday, October 26, 1797.]
+
+[Footnote 391: The Bank of England resumed cash payments, 1819.]
+
+
+12. PITT'S SPEECH ON THE INCOME TAX [_Speeches of William Pitt, edited
+W.S. Hathaway, 1806, Vol. III, pp. 282-333_], 1798.
+
+I shall begin by stating what has been voted as the amount of the supply
+under the head of the services for the navy, with the exception of what
+is necessary for the transport services. All these accounts have this
+day been laid before us; and it appears that the total sum for the
+ordinaries and extra-ordinaries of the navy and transport services
+amounts to 13,642,000l., being the same sum, within a very small amount,
+as was granted in the course of last session, and which I have the
+satisfaction of assuring the committee is likely to prove sufficient for
+the whole expenses of the navy, without leaving any necessity for
+augmentation. The next head of expense is the army, in which the
+estimates amount to 8,840,000l. ... Under the head of ordnance services,
+including the expenses which have not been provided for, there has been
+voted the sum of 1,570,000l. The next article is that of the
+miscellaneous services. The plantation estimates have already been
+voted, but there are other minuter parts of these services which have
+not yet undergone a discussion in this house. The amount will be rather
+less than it was last session. I state it [at] 600,000l. To this is to
+be added the usual sum voted towards the redemption of the national
+debt, above the annual million, which is 200,000l. There are other sums,
+which are generally voted under the head of deficiency of grants. Among
+these is a sum due for interest on treasury and exchequer bills paid
+off, amounting to 565,000l.; the discount on prompt payments upon the
+loan, amounting to 210,000l.; the interest on exchequer bills circulated
+within the year, and charged upon the succeeding year, 300,000l.; in
+addition to this, there is the deficiency of the land and malt in the
+act passed two years ago, amounting to 300,000l. These sums swell the
+total of the supply to 29,272,000l. This total, sir, does not differ in
+any material degree from the amount of the supply of last session.
+
+[He then estimates prospective sources of revenue:
+
+ Land and malt taxes 2,750,000l.
+ Lottery 200,000l.
+ Produce of the consolidated fund 1,500,000l.
+ Import and Export taxes 1,700,000l.
+ -------------
+ 6,150,000l.]
+
+The remainder of the sum is that which must be raised either by a tax
+within the year, in the same manner as the assessed tax bill of last
+year, or by a loan. It will be to be considered, how the committee will
+divide that remaining sum between them. The sum to be provided for is
+upwards of twenty-three millions. Gentlemen will recollect that, in the
+debates upon the subject of the assessed taxes last session, two
+fundamental principles were established as the rule by which we should
+be guided in providing for the supplies for the service of the year.
+These were, first, to reduce the total amount to be at present raised by
+a loan; and next, as far as it was not reducible, to reduce it to such a
+limit, that no more loan should be raised than a temporary tax should
+defray within a limited time. In the first place, the tax acceded to by
+the House last session[392] was for the purpose of providing for the
+supplies of the year; and in the next place, for the purpose of
+extinguishing the loan raised in that year. From the modifications,
+however, which that measure underwent after its being first proposed,
+the produce of it was diminished to a considerable extent. Other means
+indeed were adopted to remedy the deficiency which was thus occasioned.
+The voluntary and cheerful efforts which, so honourably to individuals
+and to the country, came in aid of the assessed taxes, and the superior
+produce of the exports and imports beyond the estimate, brought the
+amount of the sums raised to that at which they had been calculated. The
+different articles were estimated at seven millions and a half, and this
+sum was fully covered by the actual receipts under the distinct heads.
+It gives me, indeed, the most heartfelt satisfaction to state, that
+notwithstanding the difficulties which the measure encountered from the
+shameful evasion, or rather the scandalous frauds by which its effects
+were counteracted, the total amount which was expected has yet been
+realized. The meanness which shrunk from fair and equal contribution has
+been compensated to the public by the voluntary exertions of patriotism.
+The produce of the assessed taxes, under all the modifications, and all
+the evasions, is four millions. I had taken it at four and a half after
+the modifications. The deficiency is supplied by the excess on head of
+voluntary contributions....
+
+Satisfactory as it must be to review the circumstances to which we owe
+those advantages, and the benefits which the mode of raising the
+supplies to a considerable extent adopted last session has produced, it
+is unnecessary for me to state that, however the principle may deserve
+our approbation, it is still much to be desired that its effects should
+be more extensive, and its application more efficient.... Every
+circumstance in our situation, every event in the retrospect of our
+affairs, every thing which strikes our view as we look around us,
+demonstrates the advantages of the system of raising a considerable part
+of the supplies within the year, and ought to induce us to enforce it
+more effectually to prevent those frauds, which an imperfect criterion
+and a loose facility of modification have introduced; to repress those
+evasions so disgraceful to the country, so injurious to those who
+honourably discharge their equal contribution, and, above all, so
+detrimental to the great object of national advantage which it is
+intended to promote. In these sentiments, our leading principle should
+be to guard against all evasion, to endeavour by a fair and strict
+application to realize that full tenth, which it was the original
+purpose of the measure of the assessed taxes to obtain, and to extend
+this as far as possible in every direction, till it may be necessary
+clearly to mark the modification, or to renounce, in certain instances,
+the application of it altogether. If then, the committee assent to this
+principle, they must feel the necessity of following it up by a more
+comprehensive scale and by more efficient provisions. They will perceive
+the necessity of obtaining a more specific statement of income, than the
+loose scale of modification, which, under the former measure, permitted
+such fraud and evasion. If such a provision be requisite to correct the
+abuses of a collection, to obviate the artifices of dishonesty, to
+extend the utility of the whole system, it will be found that many of
+the regulations of the old measure will be adapted to a more
+comprehensive and efficient application of the principle. If regulations
+can be devised to prevent an undue abatement, and to proportion the
+burden to the real ability, means must be employed to reach those
+resources which, _primâ facie_, it is impossible under the present
+system of the assessed taxes to touch. While inaccuracy, fraud,
+inequality, be grievances which it is desirable to remedy, it will be an
+additional satisfaction, that when compelled to adopt means to prevent
+the defects of which we complain, we shall be enabled likewise to
+improve and to extend the benefits we have obtained. The experience
+which we have had upon the subject, proves that we must correct and
+remedy, in order to secure the advantages which the measure is
+calculated to afford. It is in our power to make them our own. I think I
+can show that whatever benefit the principle upon which we have begun to
+act, is fitted to bestow, may by a liberal, fair and efficient
+application, be carried to an extent far greater than has yet been
+obtained, an extent equal to every object of great and magnanimous
+effort, to every purpose of national safety and glory, to every
+advantage of permanent credit and of increased prosperity.
+
+Impressed then with the importance of the subject, convinced that we
+ought, as far as possible, to prevent all evasion and fraud, it remains
+for us to consider, by what means these defects may be redressed, by
+what means a more equal scale of contributions can be applied, and a
+more extensive effect obtained. For this purpose it is my intention to
+propose, that the presumption founded upon the assessed taxes shall be
+laid aside, and that a general tax shall be imposed upon all the leading
+branches of income. No scale of income indeed which can be devised will
+be perfectly free from the objection of inequality, or entirely cut off
+the possibility of evasion. All that can be attempted is, to approach as
+near as circumstances will permit to a fair and equal contribution....
+The details of a measure which attempts an end so great and important,
+must necessarily require serious and mature deliberation. At present all
+that I can pretend to do is, to lay before the committee an outline of
+the plan which endeavours to combine every thing at which such a measure
+ought to aim. This outline I shall now proceed to develop to the
+committee as clearly and distinctly as I am able.
+
+ * * * * *
+
+The next point for consideration then, is the mode of contribution which
+shall be adopted. On this head it is my intention to propose that no
+income under 60l. a year shall be called upon to contribute, and that
+the scale of modification up to 200l. a year, as in assessed taxes,
+shall be introduced with restriction. The quota which will then be
+called for ought to amount to a full tenth of the contributor's income.
+The mode proposed of obtaining this contribution differs from that
+pursued in the assessed taxes, as instead of trebling their amount, the
+statement of income is to proceed from the party himself.
+
+[A detailed estimate of income from different sources follows. One-fifth
+is deducted to allow for the remission of taxation on incomes under 60l.
+and graduation under 200l. from 1/120 to 1/10.]
+
+For the sake of greater clearness I will recapitulate the heads in the
+same order that I have followed:--
+
+ The land rental, then, after deducting one-fifth,
+ I estimate at 20,000,000l.
+
+ The tenant's rental of land, deducting two-thirds
+ of rack rent, I take at 6,000,000l.
+
+ The amount of tythes, deducting one-fifth 4,000,000l.
+
+ The produce of mines, canal navigation, etc.,
+ deducting one-fifth 3,000,000l.
+
+ The rental of houses, deducting one-fifth 5,000,000l.
+
+ The profits of professions 2,000,000l.
+
+ The rental of Scotland, taking it at one-eighth
+ of that of England 5,000,000l.
+
+ The income of persons resident in Great Britain
+ drawn from possessions beyond seas 5,000,000l.
+
+ The amount of annuities, from the public funds,
+ after deducting one-fifth for exemptions
+ and modifications 12,000,000l.
+
+ The profits on the capital employed in our
+ foreign commerce 12,000,000l.
+
+ The profits on the capital employed in domestic
+ trade, and the profits of skill and industry 28,000,000l.
+ ------------
+ In all 102,000,000l.
+ ------------
+
+Upon this sum a tax of 10 per cent. is likely to produce 10,000,000l. a
+year, and this is the sum which is likely to result from the measure,
+and at which I shall assume it.
+
+ * * * * *
+
+I trust that it will not be necessary for me to go into any detail of
+argument to convince the committee of the advantages of the beneficial
+mode adopted last session, of raising a considerable part of the
+supplies within the year.... It will be manifest to every gentleman on
+the slightest consideration of the subject, that, in the end, the
+measure of raising the supplies within the year is the cheapest and the
+most salutary course that a wise people can pursue; and when it is
+considered that there is a saving of at least one-twelfth upon all that
+is raised, gentlemen will not suffer a superstitious fear, and jealousy
+of the danger of exposing the secrecy of income, to combat with a
+measure that is so pregnant with benefits to the nation. If gentlemen
+will take into their consideration the probable duration of peace and
+war, calculated from the experience of past times, they will be
+convinced of the immeasurable importance of striving to raise the
+supplies within the year, rather than accumulating a permanent debt. The
+experience of the last hundred, fifty, or forty years, will show how
+little confidence we can have in the duration of peace, and it ought to
+convince us how important it is to establish a system that will prepare
+us for every emergency, give stability to strength, and perpetual
+renovations to resource. I think I could make it apparent to gentlemen
+that in any war, of the duration of six years, the plan of funding all
+the expenses to be incurred in carrying it on, would leave at the end of
+it a greater burden permanently upon the nation than would be sustained,
+than they would have to incur for the six years only of its continuance,
+and one year beyond it, provided that they made the sacrifice of a tenth
+of their income. In the old, unwise, and destructive way of raising the
+supplies by a permanent fund, without any provision for its redemption,
+a war so carried on entails the burden upon the age and upon their
+posterity for ever. This has, to be sure, in a great measure, been done
+away and corrected, by the salutary and valuable system which has been
+adopted of the redemption fund. But that fund cannot accomplish the end
+in a shorter period than forty years, and during all that time the
+expenses of a war so funded must weigh down and press upon the people.
+If, on the contrary, it had at an earlier period of our history been
+resolved to adopt the present mode of raising the supplies within the
+year; if, for instance, after the peace of Aix-la-Chapelle, the scheme
+of redemption had been adopted and persevered in to this time, we should
+not now, for the seventh year of the war, have had more to raise from
+the pockets of the people than what we have now to pay of permanent
+taxes, together with about a fourth of what it would be necessary to lay
+on in addition for this year. Fortunately, we have at last established
+the redemption fund: the benefits of it are already felt; they will
+every year be more and more acknowledged; and in addition to this it is
+only necessary, that instead of consulting a present advantage, and
+throwing the burden, as heretofore, upon posterity, we shall fairly meet
+it ourselves, and lay the foundation of a system that shall make us
+independent of all the future events of the world.[393]
+
+[Footnote 392: The Triple Assessment, based on the individual's previous
+payment to the various taxes on expenditure which Pitt had grouped
+together as the Assessed Taxes.]
+
+[Footnote 393: The income tax was recast in 1803, when Schedules of
+different sources of income, instead of a general return, were
+introduced. It was again revised in 1806. In 1816 it was repealed. Peel
+reintroduced it in 1842 for three years, and it then became permanent.]
+
+
+13. FOREIGN TRADE IN THE EARLY NINETEENTH CENTURY [_Committee on Orders
+in Council, Reports 1812 (III)_, _pp._ 38, 40, 41, 132-133, 522-523],
+_c._ 1812.
+
+[Evidence of Joseph Shaw, Chairman of Birmingham Chamber of Foreign
+Commerce and exporter of hardwares.]
+
+Have you had occasion to make any estimate, founded upon your own
+inquiries, of the number of workmen employed in the Birmingham
+manufactory[394]--and the neighbouring towns? I never particularly
+estimated for the whole of them, but in the year 1808 I took an estimate
+of the people employed in the American trade.... Those that could be
+ascertained to be (as nearly as could be) exclusively employed in the
+American trade were 50,000, exclusive of the nail trade, which employed
+from twenty to thirty thousand [of whom two-thirds were engaged in the
+American trade].
+
+ * * * * *
+
+Can you state to the Committee, from your observation, what proportion
+the foreign trade generally bears to the trade for home consumption?...
+I should think it was considerably more than one half, including the
+United States.
+
+Do you think it would amount to two-thirds? I should think not far from
+it.... Do you think the foreign trade is equal to two-thirds of the
+whole manufacture?--When the foreign trade is the same as in the year
+1810, not in its present state; it is now very different....
+
+ * * * * *
+
+To what cause do you ascribe the diminution of your trade to the
+Continent?--The risk of sending goods into many ports of the Continent
+is too great....
+
+ * * * * *
+
+Then it is the French, Berlin, and other decrees that have produced this
+diminution of your trade to the Continent?--To my own particular trade.
+I cannot say how it is as to others.
+
+[Evidence of John Bailey, exporter and home factor of Sheffield goods.]
+
+What are the principal articles manufactured at Sheffield?--They are
+very numerous, I can present a list of them to the House; the principal
+articles are cutlery, files, edged tools, saws, and a great variety of
+other heavy articles.
+
+ * * * * *
+
+Can you speak to the population of Sheffield, and such parts of the
+neighbouring parishes as are concerned in the Sheffield
+manufacture?--The population of the parish of Sheffield, as returned by
+the overseers in the year 1811, was 53,000 odd; but including those
+parts of parishes in which Sheffield goods are manufactured, the
+population amounts to 60,000 at least.
+
+Can you tell what proportion of hands are employed in manufacturing for
+the American market?--For the American market, about 4,000 male adults,
+and 2,000 women and children, making a total of 6,000.
+
+ * * * * *
+
+How many do you estimate are employed in manufacturing for the home
+trade?--Six thousand male adults, and one thousand women and children.
+
+How many do you calculate are employed in the remaining parts of the
+Sheffield trade, namely, manufactures for the foreign market, exclusive
+of the American?--Two thousand male adults, and one thousand women and
+children.
+
+This last market includes Spain and Portugal?--Spain, Portugal, the West
+Indies, South America, and Canada, with some few other parts.
+
+What proportion does the American market bear to the home market, as
+far as regards the Sheffield goods?--The American exports amount, as
+nearly as I have been able to ascertain, to one-third of the whole
+manufactures of Sheffield; the home trade to, I think, three-sixths.
+
+[He adds that the American trade had been affected by the Orders in
+Council and the Non-importation Act of the United States. The home trade
+with towns in the American trade had been injured also. Goods to the
+value of £400,000 were waiting in Sheffield and Liverpool warehouses.]
+
+ * * * * *
+
+[Evidence of Robert MacKerrell, London merchant, dealing in cottons and
+muslins, and manufacturer of Paisley.]
+
+Can you inform the Committee what the state of the trade was in the
+years 1808, 1809, 1810, and 1811?--In 1807 we felt the whole effect of
+the Berlin decree, we were entirely excluded from the Continent; I speak
+with regard to my own transactions and those of a vast number of my
+friends. We had in 1807, and previous to that, trades to the South of
+Europe, particularly in Portugal, which were uninterrupted, but which
+were likewise put an end to by the French invasion in November of that
+year. In 1808 the trade revived considerably; a great quantity of our
+goods, and of English merchandise, was introduced into the Continent
+through Heligoland; considerable exports were made to the Baltic; the
+trade in the Mediterranean increased very considerably; a very great
+trade was opened to this country in consequence of the Royal Family of
+Portugal removing to the Brazils, which likewise made an opening to
+Spanish South America. In 1809 the trade through Heligoland was most
+extensive; Bonaparte had his hands full with the Emperor of Germany and
+with the Spaniards, and had no time to attend to the coast; the trade
+during that year I may say was uninterrupted. The trade to the
+Mediterranean increased very much; the quantity of goods taken out that
+year greatly exceeded any previous year, for reasons that at that time
+we could not account for. The trade to the Brazils was equally extensive
+with the year before, vast exportations took place to South America, and
+in general, trade in the line in which I am engaged was reckoned a fair
+trade; the markets were never heavy.
+
+[The Orders in Council increased the English export trade to the South
+of Europe, and Africa and the Levant were supplied with English
+substitutes for Continental cottons and linens.]
+
+What has been the state of your trade for the last eighteen months, and,
+as far as you have been informed, of the country in general?--The state
+of the trade during the last eighteen months has been depressed; for the
+last twelve months it has been recovering, but for the six months
+previous it was very much depressed indeed.
+
+To what do you attribute that depression?--We attribute the depression
+of trade which took place to the effect of the Berlin and Milan decrees.
+[Northern Europe, the Baltic, etc., were shut against English trade, and
+English ships were sequestered even in Swedish ports.]
+
+[Footnote 394: Brassfounding, hardware, plated ware, jewellery, etc.]
+
+
+14. DEBATE ON THE CORN LAW [_Parliamentary History, 1st Series, Vol.
+XXIX, Cols. 798-818_], 1815.
+
+_House of Commons. February 17, 1815._
+
+_The State of the Corn Laws._
+
+The _Hon. Frederick Robinson_ immediately rose.... He had never
+disguised from himself, and he was not ashamed to confess it, the
+extreme difficulty, as well as the extreme importance, of this question.
+He could not, however, but feel that the prejudices on this subject had,
+from further inquiry, been very much removed. But, above all, he was
+happy to see that the misrepresentations, for so he thought they were,
+with respect to the motives of those who supported this measure, and
+with reference to the effects which it was likely to produce, were done
+away with. There did not now exist in the public mind the feeling by
+which it was before influenced. It was not now supposed that the object
+sought to be accomplished by the alteration of the corn law was the mean
+and base and paltry one of getting, for a particular class of society, a
+certain profit at the expense of the rest. "For my part," said Mr.
+Robinson, "I declare to God, if I thought this was the motive which
+actuated any individual who supported the alteration; and, above all, if
+I conceived that such would be the effect of the measure, no
+consideration on earth could tempt me to bring it forward." ...
+
+ * * * * *
+
+... The general result of his reasoning was, in the first place, that
+it was quite impossible for us safely to rely on a foreign import. If
+they so did, a necessary result would be a diminution of our own
+produce, which would become more and more extensive every year, and
+consequently call for a greater annual supply from foreign countries--a
+supply which must progressively increase as the agriculture of the
+kingdom became less encouraged; and that, when the fatal moment arrived,
+the system of foreign supply would prove completely illusory.
+
+The next point to be considered was the extent to which protection
+should be given. That was a point on which, undoubtedly, a difference of
+opinion was most likely to prevail. Some gentlemen would be for going
+considerably higher than others. Many thought the prohibition ought to
+be carried to a price considerably above that, without he obtained which
+it was conceived the agriculturalist could not cultivate. Others would
+wish that it should be placed much lower; and contend that because a
+particular species and degree of burden was likely to be removed, the
+protecting price ought to be much reduced. Now he would be inclined to
+agree to the first of these propositions, if the necessary effect of it
+would not be to bring up the price of corn to the highest possible rate,
+within the limits of the sum at which importation should commence. This
+certainly might be the case at the first moment, but he believed the
+ultimate result would not be so. He thought the final effect of the
+system would be to give such a powerful support to our own agriculture
+as would greatly increase the general produce of the country. It would
+excite a strong competition between the different parts of England, and
+between England and Ireland; so that the growth of corn, if Providence
+blessed us with favourable seasons, would be sufficiently large to
+afford an ample supply for the people of this country, and would enable
+them to be fed at a much cheaper rate, in the long run, than could be
+effected by the adoption of any other system.
+
+ * * * * *
+
+_Mr. Philips_ professed himself equally inclined either to proceed with,
+or defer the discussion, as might be most agreeable to the wishes of the
+House. Several members calling out "Go on," he began by stating his
+entire concurrence in the opinion of the right hon. gentleman who had
+moved the resolutions, that this was not a question on which the
+interests of the commercial and agricultural classes were at variance,
+but one in which those interests, when fairly and liberally considered,
+would be found to accord; for no resolution upon it calculated to
+promote the general prosperity of the country could be adopted without
+materially benefiting both classes. But if this were not the case, if
+the question were one in which the interests of two or more descriptions
+of our fellow-subjects were opposed, he should say that it was the duty
+of parliament not to legislate for the advantage of one class in
+contradistinction to, or at the expense of another, but to legislate for
+the benefit of the whole community. Looking at the question under the
+influence of this principle, he could not help feeling and expressing
+some surprise at the occasion of their present deliberations. What was
+the object of their deliberations? To provide a remedy for the low price
+of corn. That which all ages and countries had considered as a great
+national benefit was now discovered to be a great evil, against which we
+were imperiously called to legislate in self-defence. The real object of
+the resolutions, however disguised and disavowed, was to raise the price
+of corn. [Here Mr. Robinson expressed his dissent.] Mr. Philips
+proceeded to say that this not only was their object, but if that object
+were not attained, the advocates of the resolutions would regard them as
+nugatory. The right hon. gentleman must at least allow that their object
+was to raise the present price of grain; but he contended that
+moderation and uniformity of price would be their ultimate effect. It
+did seem somewhat inconsistent, on the part of the hon. gentleman, to
+tell the House that the effectual way to lower price was to acquiesce in
+a measure expressly intended to raise it. But how are this moderation
+and uniformity of price to be produced? By contracting the market of
+supply. Thus, while in all other instances moderation and uniformity of
+price are found to be in proportion to the extent of the market of
+supply, in the instance of corn they are to be in proportion to the
+limitation of it: and in a commodity peculiarly liable to be affected by
+the variation of seasons, moderation and uniformity of price, and
+abundance, are to be attained by preventing importations from foreign
+countries correcting the effect of varieties of climate, and of a scanty
+harvest in our own. To him it appeared that no measure could be better
+calculated to produce directly opposite consequences.
+
+ * * * * *
+
+In considering the relation between the price of provisions and of
+labour, Mr. Philips observed that it was necessary to distinguish the
+countries and the trades from which examples were taken. In a new
+country where the value of land is extremely low, and agriculture
+rapidly progressive, in a new and thriving manufacture, the price of
+labour may be so high in proportion to that of the necessaries of life
+as to be little affected by their fluctuations.... But this state of
+things cannot exist in old manufactures, such as those generally
+established in this country, where competition has reduced profits, and
+that reduction of profit has brought the wages of the labourer to a
+level with his subsistence in tolerable comfort. In such manufactures if
+you raise the price of provisions without proportionately raising that
+of labour, to what privations and evils must you necessarily expose the
+labourer! He was ready to admit with the noble lord[395] that, _ceteris
+paribus_, the immediate effect of a high advance of provisions might
+probably be a reduction of the price of labour; because labourers being
+desirous of obtaining the same comforts that they had been used to,
+might be stimulated to more diligence. They might work sixteen hours a
+day instead of ten, and thus the competition for employment being
+increased among the same number of workmen, without any increase of
+demand, the price of labour might fall. But will any person contend that
+this state of affairs can long continue? The labourer must go to the
+parish, or turn to some more profitable employment, if by chance any can
+be found, or he must emigrate, or work himself out by overstrained
+exertion. The proportion being then altered between the demand for
+labour and the supply, its price will rise. This effect sooner or later
+must happen, but till it has actually taken place how dreadful must be
+the situation of the labourer!
+
+ * * * * *
+
+Having thus shown both by reasoning and by reference to facts, that the
+price of provisions must ultimately and on the average regulate that of
+labour, he proceeded to show the effect that an advance of provisions
+must have on our manufacturing interests. And here Mr. Philips said that
+he wished on such topics, to reduce his reasoning as much as possible to
+numerical calculation. He would suppose, for the sake of argument,
+without at all entering into the enquiry, that three-fifths, or 60 per
+cent. of the labourer's wages were spent in provisions, and that
+provisions were 80 per cent. dearer here than they were in France, or
+any manufacturing country on the continent. By multiplying 60 by 80, and
+dividing by 100, the committee would see that the excess of the price of
+labour here above that of France would, from these datas, and according
+to his reasoning, be 48 per cent. He wished the committee to consider
+what must be the effect of such an excessive price of labour employed in
+our manufactures, when compared with the low price of labour employed in
+the manufactures of France, and what an advantage it must give to the
+French manufacturers in their attempts to rival us on the continent.
+
+ * * * * *
+
+[After quoting Malthus] he observed that there were two ways of
+equalising subsistence and population, one by increasing food, the other
+by limiting population, and warned the committee against being led into
+measures whose tendency might be to produce that effect in the latter
+way. Why (said Mr. Philips) should a commercial and manufacturing
+country like this have such a jealousy and dread of the importation of
+corn? An importation of corn cannot take place without a corresponding
+export of commodities on which British industry has been employed. The
+export will increase your wealth, that wealth will increase your
+population, and that increased population will produce an increased
+demand for your agricultural produce.... Mr. Philips observed that no
+country in the world was so interested as this in establishing the
+principle of free trade, because no other country could profit equally
+by the general recognition of that principle. Foreign nations,
+mistaking, like the advocates of the regulation before the committee,
+the circumstances which have operated against our wealth for the causes
+of it, are now following our example. They are prohibiting or imposing
+restraints on the import of our fabrics, in order to encourage their own
+manufactures, from which they will receive inferior fabrics at a higher
+price. Let us convince them, by an example, of their mistake. Let us
+convince them that by leaving industry and enterprise unfettered, and by
+allowing capital to take its natural and voluntary direction, we are
+persuaded that the true interests of this country and of every other
+will be most effectually promoted.
+
+Mr. Philips proceeded to say that Great Britain was geographically a
+commercial country, that commerce had stimulated her agriculture rather
+than agriculture had stimulated her commerce. It had given wealth to her
+people, and diffused fertility over her soil. Take care, said he, that
+in attempting to change the natural character of your country, you do
+not stop the progress of national prosperity....
+
+[Footnote 395: Lord Lauderdale in evidence before a committee of the
+House of Lords.]
+
+
+15. THE CORN LAW OF 1815 [_Statutes, 55 Geo. III, 26_]
+
+An Act to amend the laws now in force regulating the Importation of
+Corn.
+
+[Corn may at all times be imported and warehoused free of duty.]
+
+III. And be it further enacted, that such foreign corn, meal or flour,
+shall and may be permitted to be imported into the said United Kingdom,
+for home consumption, under and subject to the provisions and
+regulations now in force, without payment of any duty whatever, whenever
+the average prices of the several sorts of British corn, made up and
+published in the manner now by law required, shall be at or above the
+prices hereafter mentioned; that is to say, whenever wheat shall be at
+or above the price of eighty shillings per quarter; whenever rye, pease
+and beans shall be at or above the price of fifty-three shillings per
+quarter; whenever barley, beer or bigg shall be at or above the price of
+forty shillings per quarter; and whenever oats shall be at or above the
+price of twenty-seven shillings per quarter.
+
+IV. And be it further enacted, that whenever the average prices of
+British corn so made up and published shall respectively be below the
+prices hereinbefore stated, no foreign corn, or meal, or flour made from
+any of the respective sorts of foreign corn hereinbefore enumerated,
+shall be allowed to be imported into the United Kingdom for the purpose
+of home consumption, or taken out of warehouse for that purpose.
+
+V. And be it further enacted, that the average price of the several
+sorts of British corn, by which the importation of foreign corn, meal or
+flour, into the United Kingdom shall be regulated and governed, shall
+continue to be made up and published in any manner now required by law;
+but that if it shall hereafter at any time after the importation of
+foreign corn, meal or flour shall be permitted, under the provisions of
+this Act, appear that the average prices of the different sorts of
+British corn respectively in the six weeks immediately succeeding the
+fifteenth day of February, the fifteenth day of May, the fifteenth day
+of August and the fifteenth day of November in each year, shall have
+fallen below the prices at which foreign corn, meal or flour may be,
+under the provisions of this Act, allowed to be imported for home
+consumption, no such foreign corn, meal or flour shall be allowed to be
+imported into the United Kingdom for home consumption from any place
+between the rivers Eyder and Bidassoa, both inclusive, until a new
+average shall be made up and published in the London Gazette for
+regulating the importation into the United Kingdom for the succeeding
+quarter.
+
+
+16. FREE TRADE PETITION[396] [_Commons Journals, Vol. LXXV._], 1820.
+
+ The Petition, etc.,
+ Humbly sheweth
+
+That foreign commerce is eminently conducive to the wealth and
+prosperity of a country, by enabling it to import the commodities for
+the production of which the soil, climate, capital, and industry of
+other countries are best calculated, and to export in payment those
+articles for which its own situation is better adapted.
+
+That freedom from restraint is calculated to give the utmost extension
+to foreign trade, and the best direction to the capital and industry of
+the country.
+
+That the maxim of buying in the cheapest market and selling in the
+dearest, which regulates every merchant in his individual dealings, is
+strictly applicable as the best rule for the trade of the whole nation.
+
+That a policy founded on these principles would render the commerce of
+the world an interchange of mutual advantages, and diffuse an increase
+of wealth and enjoyments among the inhabitants of each State.
+
+That, unfortunately, a policy the very reverse of this has been, and is,
+more or less, adopted and acted upon by the Government of this and of
+every other country....
+
+That the prevailing prejudices in favour of the protective or
+restrictive system may be traced to the erroneous supposition that every
+importation of foreign commodities occasions a diminution or
+discouragement of our own productions to the same extent, whereas it may
+be clearly shown that although the particular description of production
+which could not stand against unrestrained foreign competition would be
+discouraged, yet, as no importation could be continued for any length of
+time without a corresponding exportation, direct or indirect, there
+would be an encouragement, for the purpose of that exportation, of some
+other production to which our situation might be better suited, thus
+affording at least an equal, and probably a greater, and certainly a
+more beneficial employment to our own capital and labour.
+
+ * * * * *
+
+That, among the other evils of the restrictive or protective system, not
+the least is, that the artificial protection of one branch of industry,
+or source of production, against foreign competition, is set up as a
+ground of claim by other branches for similar protection, so that if the
+reasoning upon which these restrictive or prohibitory regulations are
+founded were followed out consistently, it would not stop short of
+excluding us from all foreign commerce whatsoever. And the same train of
+argument, which, with corresponding prohibitions and protective duties,
+should exclude us from foreign trade, might be brought forward to
+justify the re-enactment of restrictions upon the interchange of
+productions (unconnected with public revenue) among the kingdoms
+composing the union, or among the counties of the same kingdom.
+
+That an investigation of the effects of the restrictive system at this
+time is peculiarly called for, as it may, in the opinions of your
+petitioners, lead to a strong presumption that the distress which now so
+generally prevails is considerably aggravated by that system, and that
+some relief may be obtained by the earliest practicable removal of such
+of the restraints as may be shown to be most injurious to the capital
+and industry of the community, and to be attended with no compensating
+benefit to the public revenue.
+
+That a declaration against the anti-commercial principles of our
+restrictive system is of the more importance at the present juncture
+inasmuch as, in several instances of recent occurrence, the merchants
+and manufacturers in foreign States have assailed their respective
+Governments with applications for further protective or prohibitory
+duties and regulations, urging the example and authority of this
+country, against which they are almost exclusively directed, as a
+sanction for the policy of such measures. And certainly, if the
+reasoning upon which our restrictions have been defended is worth
+anything, it will apply in behalf of the regulations of foreign States
+against us. They insist upon our superiority in capital and machinery,
+as we do upon their comparative exemption from taxation, and with equal
+foundation.
+
+That nothing would more tend to counteract the commercial hostility of
+foreign States than the adoption of a more enlightened and more
+conciliatory policy on the part of this country.
+
+That, although, as a matter of mere diplomacy, it may sometimes answer
+to hold out the removal of particular prohibitions, or high duties, as
+depending upon corresponding concessions by other States in our favour,
+it does not follow that we should maintain our restrictions in cases
+where the desired concessions on their part cannot be obtained. Our
+restrictions would not be the less prejudicial to our capital and
+industry because other Governments persisted in preserving impolitic
+regulations.
+
+ * * * * *
+
+That in thus declaring, as your petitioners do, their conviction of the
+impolicy and injustice of the restrictive system, and in desiring every
+practicable relaxation of it, they have in view only such parts of it as
+are not connected, or are only subordinately so, with the public
+revenue. As long as the necessity for the present amount of revenue
+subsists, your petitioners cannot expect so important a branch of it as
+the Customs to be given up, nor to be materially diminished, unless
+some substitute, less objectionable, be suggested. But it is against
+every restrictive regulation of trade not essential to the
+revenue--against all duties merely protective from foreign
+competition--and against the excess of such duties as are partly for the
+purpose of revenue and partly for that of protection, that the prayer of
+the present petition is respectfully submitted to the wisdom of
+Parliament.
+
+[Footnote 396: Quoted in Hirst, _Free Trade and the Manchester School_,
+pp. 118-121.]
+
+
+17. THE FOUNDATION OF THE ANTI-CORN-LAW LEAGUE [_History of the
+Anti-Corn-Law League by Archibald Prentice, I, pp. 101-2, 1853_], 1839.
+
+_Resolutions of meeting of delegates at Manchester, January 23, 1839._
+
+Resolved--1. That this meeting of representatives from all the great
+sections of our manufacturing and commercial population, solemnly
+declare it to be their conviction that the prosperity of the great
+staples upon which their capital and industry are employed, is in
+imminent danger from the operation of the laws which interdict or
+interfere with the exchange of their productions for the corn and other
+produce of foreign nations, and thus check our trade, and artificially
+enhance the price of food in this country; and believing that the facts
+upon which this judgment is formed are little known, and of such
+national importance as to call for their disclosure before the people's
+representatives, they earnestly recommend that petitions be immediately
+forwarded from all parts of the Kingdom, praying to be heard by counsel
+and evidence at the bar of the House of Commons in the approaching
+session of Parliament.
+
+2. That in order to secure unity and efficiency of action this meeting
+recommends that delegates be appointed by the several Anti-Corn-Law
+Associations of the kingdom. Those manufacturing and commercial towns
+not already possessing such societies are earnestly recommended to form
+Anti-Corn-Law Associations; and in case they require information or
+advice, they are invited to put themselves immediately in correspondence
+with the Manchester Association, whose fundamental rule, prohibiting the
+discussion of any party or political topics, is especially recommended
+for the adoption of all similar bodies elsewhere.
+
+3. That the agricultural proprietor, capitalist, and labourer are
+benefited equally with the trader, by the creation and circulation of
+the wealth of the country; and this meeting appeals to all those classes
+to co-operate for the removal of a monopoly which, by restricting the
+foreign commerce of the country, retards the increase of the population,
+and restrains the growth of towns; thus depriving them of the manifold
+resources to be derived from the augmenting numbers and wealth of the
+country.
+
+4. That this meeting cannot separate without expressing its deep
+sympathy with the present privations of that great and valuable class of
+their countrymen who earn their daily bread by the sweat of their brow;
+many of whom are now suffering from hunger in the midst of boundless
+fields of employment, rendered unproductive solely by those unjust laws
+which prevent the exchange of the products of their industry for the
+food of other countries. So long as a plentiful supply of the first
+necessaries of life is denied by acts of the British legislation to the
+great body of the nation, so long will the government and the country be
+justly exposed to all the evils resulting from the discontent of the
+people. With a view to avert so great a danger by an act of universal
+justice, this meeting pledges itself to a united, energetic, and
+persevering effort for the total and immediate repeal of all laws
+affecting the free importation of grain.[397]
+
+[Footnote 397: The Anti-Corn-Law League was created on the
+recommendation of a delegate meeting, March 20 following.]
+
+
+18. THE BANK CHARTER ACT [_Statutes 7 and 8 Victoria 32_], 1844.
+
+ An Act to regulate the Issue of Bank Notes, and for giving to the
+ Governor and Company of the Bank of England certain Privileges for a
+ limited Period.
+
+Be it enacted that from and after the thirty-first day of August, one
+thousand eight hundred and forty-four, the issue of Promissory Notes of
+the Governor and Company of the Bank of England, payable on demand,
+shall be separated and thenceforth kept wholly distinct from the general
+Banking business of the said Governor and Company; and the business of
+and relating to such issue shall be thenceforth conducted and carried
+on by the said Governor and Company in a separate department, to be
+called "The Issue Department of the Bank of England," subject to the
+rules and regulations hereinafter contained; and it shall be lawful for
+the Court of Directors of the said Governor and Company, if they shall
+think fit, to appoint a committee or committees of directors for the
+conduct and management of such Issue Department of the Bank of England,
+and from time to time remove the members, and define, alter, and
+regulate the constitution and powers of such committee, as they shall
+think fit, subject to any bye-laws, rules or regulations which may be
+made for that purpose: provided nevertheless, that the said Issue
+Department shall always be kept separate and distinct from the Banking
+Department of the said Governor and Company.
+
+II. And be it enacted, that upon the thirty-first day of August, one
+thousand eight hundred and forty-four, there shall be transferred,
+appropriated, and set apart by the said Governor and Company to the
+Issue Department of the Bank of England securities to the value of
+fourteen million pounds, whereof the debt due by the public to the said
+Governor and Company shall be and be deemed a part; and there shall also
+at the same time be transferred, appropriated, and set apart by the said
+Governor and Company to the said Issue Department so much of the gold
+coin and gold and silver bullion then held by the Bank of England as
+shall not be required by the Banking Department thereof; and thereupon
+there shall be delivered out of the said Issue Department into the said
+Banking Department of the Bank of England such an amount of Bank of
+England notes as, together with the Bank of England notes then in
+circulation, shall be equal to the aggregate amount of the securities,
+coin and bullion so transferred to the said Issue Department of the Bank
+of England; and the whole amount of Bank of England notes then in
+circulation, including those delivered to the Banking Department of the
+Bank of England as aforesaid, shall be deemed to be issued on the credit
+of such securities, coin, and bullion so appropriated and set apart to
+the said Issue Department; and from thenceforth it shall not be lawful
+for the said Governor and Company to increase the amount of securities
+for the time being in the said Issue Department, save as hereinafter is
+mentioned, but it shall be lawful for the said Governor and Company to
+diminish the amount of such securities, and again to increase the same
+to any sum not exceeding in the whole the sum of fourteen million
+pounds, and so from time to time as they shall see occasion; and from
+and after such transfer and appropriation to the said Issue Department
+as aforesaid it shall not be lawful for the said Governor and Company to
+issue Bank of England notes, either into the Banking Department of the
+Bank of England, or to any persons or person whatsoever, save in
+exchange for other Bank of England notes, or for gold coin or for gold
+or silver bullion received or purchased for the said Issue Department
+under the provisions of this Act, or in exchange for securities acquired
+and taken in the said Issue Department under the provisions herein
+contained: provided always, that it shall be lawful for the said
+Governor and Company in their Banking Department to issue all such Bank
+of England notes as they shall at any time receive from the said Issue
+Department or otherwise, in the same manner in all respects as such
+issue would be lawful to any other person or persons.
+
+IV. And be it enacted, that from and after the thirty-first day of
+August, one thousand eight hundred and forty-four, all persons shall be
+entitled to demand from the Issue Department of the Bank of England,
+Bank of England notes in exchange for gold bullion, at the rate of three
+pounds, seventeen shillings and ninepence per ounce of standard gold.
+Provided always, that the said Governor and Company shall in all cases
+be entitled to require such gold bullion to be melted and assayed by
+persons approved by the said Governor and Company at the expense of the
+parties tendering such gold bullion.
+
+V. Provided always, and be it enacted, that if any banker who on the
+sixth day of May one thousand eight hundred and forty-four was issuing
+his own bank notes, shall cease to issue his own bank notes, it shall be
+lawful for Her Majesty in Council at any time after the cessation of
+such issue, upon the application of the said Governor and Company, to
+authorize and empower the said Governor and Company to increase the
+amount of securities in the said Issue Department beyond the total sum
+or value of fourteen million pounds, and thereupon to issue additional
+Bank of England notes to an amount not exceeding such increased amount
+of securities specified in such Order in Council, and so from time to
+time: provided always that such increased amount of securities specified
+in such Order in Council shall in no case exceed the proportion of two
+thirds the amount of bank notes which the banker so ceasing to issue may
+have been authorized to issue under the provisions of this Act; and
+every such order in Council shall be published in the next succeeding
+_London Gazette_.
+
+XII. And be it enacted, that if any banker in any part of the United
+Kingdom who after the passing of this act shall be entitled to issue
+bank notes shall become bankrupt, or shall cease to carry on the
+business of a banker, or shall discontinue the issue of bank notes,
+either by agreement with the Governor and Company of the Bank of England
+or otherwise, it shall not be lawful for such Banker at any time
+thereafter to issue any such notes.
+
+XIV. Provided always, and be it enacted, That if it shall be made to
+appear to the Commissioners of stamps and taxes that any two or more
+banks have, by written contract or agreement (which contract or
+agreement shall be produced to the said Commissioners), become united
+within the twelve weeks next preceding such twenty-seventh day of April
+as aforesaid, it shall be lawful for the said Commissioners to ascertain
+the average amount of the notes of each such bank in the manner
+hereinbefore directed, and to certify the average amount of the notes of
+the two or more banks so united as the amount which the united Bank
+shall thereafter be authorized to issue, subject to the regulations of
+this Act.
+
+
+19. DEBATE ON THE CORN LAWS [_Parliamentary Debates, 3rd Series, Vol.
+73, Cols. 68, 69-71, 849-850, 1345-1347_], 1846.
+
+_Address in Answer to Her Majesty's Speech, January 22nd, 1846._
+
+ _House of Commons._
+ _Sir Robert Peel._
+
+Sir, the immediate cause which led to the dissolution of the Government
+in the early part of last December, was that great and mysterious
+calamity which caused a lamentable failure in an article of food on
+which great numbers of the people in this part of the United Kingdom,
+and still larger numbers in the sister kingdom, depended mainly for
+their subsistence. That was the immediate and proximate cause, which led
+to the dissolution of the Government. But it would be unfair and
+uncandid on my part, if I attached undue importance to that particular
+cause. It certainly appeared to me to preclude further delay, and to
+require immediate decision--decision not only upon the measures which it
+was necessary at the time to adopt, but also as to the course to be
+ultimately taken with regard to the laws which govern the importation of
+grain. I will not assign to that cause too much weight. I will not
+withhold the homage which is due to the progress of reason and to truth,
+by denying that my opinions on the subject of protection have undergone
+a change.
+
+ * * * * *
+
+Sir, those who contend for the removal of impediments upon the import of
+a great article of subsistence, such as corn, start with an immense
+advantage in the argument. The natural presumption is in favour of free
+and unrestricted importation. It may, indeed, be possible to combat that
+presumption; it may be possible to meet its advocates in the field of
+argument, by showing that there are other and greater advantages arising
+out of the system of prohibition than out of the system of unrestricted
+intercourse; but even those who so contend will, I think, admit that the
+natural feelings of mankind are strongly in favour of the absence of all
+restriction, and that the presumption is so strong, that we must combat
+it by an avowal of some great public danger to be avoided, or some great
+public benefit to be obtained by restriction on the importation of food.
+We all admit that the argument in favour of high protection or
+prohibition on the ground that it is for the benefit of a particular
+class, is untenable. The most strenuous advocates for protection have
+abandoned that argument; they rest, and wisely rest, the defence of
+protective duties upon higher principles. They have alleged, as I have
+myself alleged, that there were public reasons for retaining this
+protection. Sir, circumstances made it absolutely necessary for me,
+occupying the public station I do, and seeing the duty that must
+unavoidably devolve on me--it became absolutely necessary for me
+maturely to consider whether the grounds on which an alteration of the
+Corn Laws can be resisted are tenable. The arguments in favour of
+protection must be based either on the principle that protection to
+domestic industry is in itself sound policy, and that, therefore,
+agriculture, being a branch of domestic industry, is entitled to share
+in that protection; or, that in a country like ours, encumbered with an
+enormous load of debt, and subject to great taxation, it is necessary
+that domestic industry should be protected from competition with
+foreigners; or, again--the interests of the great body of the community,
+the laborious classes, being committed in this question--that the rate
+of wages varies with the price of provisions, that high prices imply
+high wages, and that low wages are the concomitants of low prices.
+Further, it may be said, that the land is entitled to protection on
+account of some peculiar burdens which it bears. But that is a question
+of justice rather than of policy; I have always felt and maintained that
+the land is subject to peculiar burdens; but you have the power of
+weakening the force of that argument by the removal of the burden, or
+making compensation. The first three objections to the removal of
+protection are objections founded on considerations of public policy.
+The last is a question of justice, which may be determined by giving
+some counterbalancing advantage. Now, I want not to deprive those who,
+arguing _a priori_, without the benefit of experience, have come to the
+conclusion that protection is objectionable in principle--I want not to
+deprive them of any of the credit which is fairly their due. Reason,
+unaided by experience, brought conviction to their minds. My opinions
+have been modified by the experience of the last three years. I have had
+the means and opportunity of comparing the results of periods of
+abundance and low prices with periods of scarcity and high prices. I
+have carefully watched the effects of the one system, and of the
+other--first, of the policy we have been steadily pursuing for some
+years, viz., the removal of protection from domestic industry; and next,
+of the policy which the friends of protection recommend. I have also had
+an opportunity of marking from day to day the effect upon great social
+interests of freedom of trade and comparative abundance. I have not
+failed to note the results of preceding years, and to contrast them with
+the results of the last three years; and I am led to the conclusion that
+the main grounds of public policy on which protection has been defended
+are not tenable; at least, I cannot maintain them. I do not believe,
+after the experience of the last three years, that the rate of wages
+varies with the price of food. I do not believe that with high prices,
+wages will necessarily rise in the same ratio. I do not believe that a
+low price of food necessarily implies a low rate of wages. Neither can I
+maintain that protection to domestic industry is necessarily good.
+
+_Adjourned Debate. February 13, 1846._
+
+_House of Commons._
+
+SIR DOUGLAS HOWARD said:[398]
+
+I have often imagined--and it was for this that I moved for, and
+obtained the order of this House for, the extensive returns which are
+now preparing, namely, the various colonial tariffs and commercial
+relations at present subsisting between all the Colonies of the Empire
+and the mother country, and between the Colonies themselves--that it
+might really be possible to treat Colonies like counties of the country,
+not only in direct trade with the United Kingdom, but in commercial
+intercourse with each other, by free trade among ourselves, under a
+reasonable moderate degree of protection from without, and so resolve
+the United Kingdom, and all her Colonies and possessions, into a
+commercial union such as might defy all rivalry, and defeat all
+combinations. Then might colonization proceed on a gigantic scale--then
+might British capital animate British labour, on British soil, for
+British objects, throughout the extended dominions of the British
+Empire. Such an union is the United States of America--a confederation
+of sovereign States, leagued together for commercial and political
+purposes, with the most perfect free trade within, and a stringent
+protection from without; and signally, surely, has that commercial
+league succeeded and flourished. Such an union, too, is the German
+Customs League; and it has succeeded to an extent that really is, in so
+short a time, miraculous. But free trade--the extinction of the
+protective principle--the repeal of the differential duties--would at
+once convert all our Colonies, in a commercial sense, into as many
+independent States. The colonial consumer of British productions would
+then be released from his part of the compact--that of dealing, in
+preference, with the British producer; and the British consumer of such
+articles as the Colonies produce, absolved from his; each party would be
+free to buy in the cheapest, and sell in the dearest market. I defy any
+hon. member opposite to say that this would not be a virtual dissolution
+of the colonial system.
+
+_Adjourned Debate. February 20, 1846._
+
+MR. B. DISRAELI:[399]
+
+I have now nearly concluded the observations which I shall address to
+the House. I have omitted a great deal which I wished to urge upon the
+House; and I sincerely wish that what I have said had been urged with
+more ability; but I have endeavoured not to make a mere Corn Law speech;
+I have only taken corn as an illustration; but I don't like my friends
+here to enter upon that Corn Law debate which I suppose is impending,
+under a mistaken notion of the position in which they stand. I never did
+rest my defence of the Corn Laws on the burdens to which the land is
+subject. I believe that there are burdens, heavy burdens, on the land;
+but the land has great honours, and he who has great honours must have
+great burdens. But I wish them to bear in mind that their cause must be
+sustained by great principles. I venture feebly and slightly to indicate
+those principles, principles of high policy, on which their system ought
+to be sustained. First, without reference to England, looking at all
+countries, I say that it is the first duty of the Minister, and the
+first interest of the State, to maintain a balance between the two great
+branches of national industry; that is a principle which has been
+recognised by all great Ministers for the last two hundred years; and
+the reasons upon which it rests are so obvious, that it can hardly be
+necessary to mention them. Why we should maintain that balance between
+the two great branches of national industry, involves political
+considerations--social considerations, affecting the happiness,
+prosperity, and morality of the people, as well as the stability of the
+State. But I go further; I say that in England we are bound to do
+more--I repeat what I have repeated before, that in this country there
+are special reasons why we should not only maintain the balance between
+the two branches of our national industry, but why we should give a
+preponderance--I do not say a predominance, which was the word ascribed
+by the hon. member for Manchester to the noble lord the member for
+London, but which he never used--why we should give a preponderance, for
+that is the proper and constitutional word, to the agricultural branch;
+and the reason is, because in England we have a territorial
+Constitution. We have thrown upon the land the revenues of the Church,
+the administration of justice, and the estate of the poor; and this has
+been done, not to gratify the pride, or pamper the luxury of the
+proprietors of the land, but because, in a territorial Constitution,
+you, and those whom you have succeeded, have found the only security for
+self-government--the only barrier against that centralising system which
+has taken root in other countries. I have always maintained these
+opinions; my constituents are not landlords; they are not aristocrats;
+they are not great capitalists; they are the children of industry and
+toil; and they believe, first, that their material interests are
+involved in a system which favours native industry, by insuring at the
+same time real competition; but they believe also that their social and
+political interests are involved in a system by which their rights and
+liberties have been guaranteed; and I agree with them--I have these
+old-fashioned notions. I know that we have been told, and by one who on
+this subject should be the highest authority, that we shall derive from
+this great struggle, not merely the repeal of the Corn Laws, but the
+transfer of power from one class to another--to one distinguished for
+its intelligence and wealth, the manufacturers of England. My conscience
+assures me that I have not been slow in doing justice to the
+intelligence of that class; certain I am, that I am not one of those who
+envy them their wide and deserved prosperity; but I must confess my deep
+mortification, that in an age of political regeneration, when all social
+evils are ascribed to the operation of class interests, it should be
+suggested that we are to be rescued from the alleged power of one class
+only to sink under the avowed dominion of another. I, for one, if this
+is to be the end of all our struggles--if this is to be the great result
+of this enlightened age--I, for one, protest against the ignominious
+catastrophe. I believe that the monarchy of England, its sovereignty
+mitigated by the acknowledged authority of the estates of the realm, has
+its root in the hearts of the people, and is capable of securing the
+happiness of the nation and the power of the State. But, Sir, if this be
+a worn-out dream; if, indeed, there is to be a change, I, for one,
+anxious as I am to maintain the present polity of this country, ready to
+make as many sacrifices as any man for that object--if there is to be
+this great change, I, for one, hope that the foundations of it may be
+deep, the scheme comprehensive, and that instead of falling under such a
+thraldom, under the thraldom of Capital--under the thraldom of those
+who, while they boast of their intelligence, are more proud of their
+wealth--if we must find a new force to maintain the ancient throne and
+immemorial monarchy of England, I, for one, hope that we may find that
+novel power in the invigorating energies of an educated and enfranchised
+people.
+
+[Footnote 398: _Ibid._ cols. 849-50.]
+
+[Footnote 399: _Ibid._, cols. 1345-1347.]
+
+
+
+
+INDEX
+
+
+ Acts of Parliament (_see_ Statutes)
+
+ Administration, central (_see_ Chancery, Commissions, Councils,
+ Crown, Exchequer, House of Commons, Parliament, Statutes);
+ local (_see_ Boroughs, County Courts, Hundreds, Justices,
+ Parishes, Sheriffs)
+
+ Agrarian changes, in Middle Ages, 53, 54, 83, 85-87;
+ in Tudor and Stuart periods, 227, 228, 234-277;
+ in 18th and 19th centuries, 523, 524, 525-542, 552
+
+ Agriculture, advantages of large scale, 530, 531;
+ capitalist, 228;
+ depression of, in 16th century, 407-412;
+ effect of Corn Laws on, 692-698 (_see also_ Corn Laws);
+ encouragement of, by Tudor and Stuart monarchy, 229, 260-277, 428-430;
+ improvements in, effected in 18th century, 523, 526, 530, 531, 532-536;
+ manorial, 3-9, 16, 17, 53-110, 227-277;
+ do., developments in, 53, 54, 83, 85-87;
+ provision for harvest labour, 78, 173, 328, 329, 347, 648;
+ reaction of commerce and industry on, 582, 697;
+ state of, in 18th and 19th centuries, 523-542 (_see also_ Arable,
+ Commons, Common Fields, Depopulation, Enclosures, Land, Manor,
+ Pasture, Smallholders)
+
+ Agriculture, Board of, surveys of, 524, 532-536
+
+ Agricultural houses and buildings, decay and restoration of, 267, 268,
+ 272, 275, 276, 324, 392, 536, 567
+
+ Agricultural labourers, 7, 8, 62-64, 78, 164, 165, 170, 171-174,176-178,
+ 324, 353, 355, 408;
+ apprenticeship of, 324, 325, 330, 388;
+ combinations of, 55, 105-110, 552, 553, 638-640;
+ condition of, in 19th century, 695, 696;
+ hiring of, 164-168, 170-174, 176-178;
+ housing of, 567;
+ regulation of conditions of service of, 171-178, 325-333, 352, 360, 361;
+ regulation of hours of, 327;
+ regulation of wages of, 173, 177, 328, 329, 342, 343, 346, 347, 351,
+ 353, 360, 361, 405, 546, 547, 552-554;
+ restrictions of, as to apprenticeship to crafts, 174, 361
+
+ Alehouses, taverns, 378, 473, 536;
+ increase of, in 18th century, 489;
+ meeting of journeymen associations in, 624;
+ patent for licensing of, 442;
+ payment of wages in, prohibited, 599
+
+ Aliens, burgesses of English towns, 27, 28_n_;
+ jealousy of, 153, 186, 199, 200
+
+ Alien craftsmen, imported into Ireland, 471;
+ in London, 195-197, 199
+
+ Alien merchants, 127, 180, 181, 182, 183, 184, 189, 192-195, 197-199, 420;
+ admitted to a London company, 309;
+ arrest of goods of, 189, 190;
+ customs granted by, 208-216;
+ freedom of trade granted to, 127, 152, 209, 212;
+ of Almain, 194;
+ of Flanders, 193, 194;
+ of France, 192, 193;
+ of Italy, 43, 127, 199, 420-424
+
+ Almshouses, 483
+
+ Anti-Corn-Law League, foundation of, 701.
+
+ Anti-Slavery Society, 593
+
+ Apprentices, 113, 136, 138, 141, 142, 143, 147, 231, 282, 283, 295, 296,
+ 300, 305, 307, 324-326, 330-334, 341, 344, 345, 348, 353, 356, 361,
+ 437, 444, 455, 499, 500;
+ disciplinary rules touching, 113, 147, 345;
+ in factories, 571, 572;
+ fees exacted from, 284-286;
+ limitation of numbers of, in textile industry, 322;
+ oaths exacted from by masters, 285, 286;
+ pauper, 381, 505;
+ proportion of, to journeymen, regulations as to, 332, 550, 551, 573, 574;
+ runaway, 148;
+ unindentured, 353
+
+ Apprenticeship, 138, 174, 314, 479, 499, 500, 588, 589;
+ custom of London as to, 330;
+ debates in House of Commons on, 577-588;
+ effect of compulsory, on marriage, 322, 323_n_, 344;
+ enactment as to age of ending, 323, 344;
+ enforcement of statute as to, 386;
+ evasion of, by a company, 310;
+ fees on entering and leaving, 280;
+ half-pay, 590;
+ indentures of, 113, 147, 295;
+ municipal regulation of, 295, 305-307;
+ of agricultural labourers, 325, 330, 388;
+ to crafts, restricted, 174, 361;
+ of pauper children, 381, 388, 504, 652;
+ to woollen industry, 499, 500
+
+ Approvers, criminal, 39
+
+ Arable land, conversion of, to pasture, 55, 260-277, 392, 407, 408, 409;
+ enclosure of (_see_ Enclosure);
+ on a 14th century manor, 56
+
+ Artificers, Statute of (_see_ Statutes)
+
+ Assarts, 89
+
+ Assizes, 88, 89, 93, 97;
+ grand, 95;
+ of bread and ale, 37, 80, 117, 118, 133, 152, 155, 156, 388;
+ of cloth, 152, 154, 155, 319;
+ suspension of, 319, 320;
+ of _mort d'ancestor_, 94;
+ of novel disseisin, 88, 89, 93, 94, 96, 97_n_;
+ of weights and measures, 152, 154, 377, 388;
+ of wine, 152
+
+
+ Ball, John, and the Peasants' Revolt, 109
+
+ Bankers and Banking, 398, 420
+
+ Bankrupts, 474
+
+ Banks, 506;
+ country, 681
+
+ Bank of England, 667;
+ foundation of, 668, 676;
+ suspension of cash payments by, 681
+
+ Bee-keeping, 7
+
+ Beer, patent for export of, 442
+
+ Beggars, 166, 174, 175, 176, 324, 388, 483;
+ licensing of, 363, 364, 366
+ (_see also_ Poor, Vagrants)
+
+ Berlin Decrees, effect of, on commerce, 690, 692
+
+ Black Death, the, 54, 55, 65_n_, 102, 103, 104, 105, 164
+
+ Blackwell Hall, the London cloth market, 440, 460, 492-495
+
+ Bondage land (_see_ Villeinage)
+
+ Bondmen (_see_ Villeins)
+
+ Bordiers, 16, 17;
+ in boroughs, 12, 13
+
+ Boroughs and towns, 10-25, 279-312;
+ in Domesday Book, 4;
+ affiliation of, 112, 124;
+ assessment of wages by, 315;
+ bakehouses in, 13;
+ bondmen received in, 121, 125;
+ charters to (_see_ Charters);
+ charters to, confiscated 257;
+ courts in, 12, 116, 117, 118, 119, 120, 125, 129, 131, 132;
+ crimes in, fines and forfeitures for, 14, 15;
+ customs in, 10-14;
+ bequest of burgages, 117;
+ cannemol, 133;
+ gyeresyeve, 120;
+ scotale, 120;
+ decay of, alleged, 180, 425;
+ election of officers in, 118, 120, 121, 257;
+ exclusiveness of, 118;
+ farmers of, 131;
+ farms of, 10-14, 37, 119, 123, 292;
+ fines, gersums, in, 12;
+ gildhalls in, 4, 10, 129, 137, 141, 142, 144;
+ hansing-silver exacted in, 128;
+ hosting in, 160;
+ hosting of aliens in, 197-199, 209, 212, 213;
+ housecarles in, 14;
+ hue and cry in, 160;
+ Jewries in, 43, 45, 46, 47, 48, 50;
+ the king's, tallage assessed on, 35;
+ king's demesne in, 13;
+ lords of, 32;
+ lords of, disputes with and complaints against, 123, 128, 131;
+ mayors and bailiffs of, 32, 48, 118, 121, 122, 130, 132, 136-145, 147,
+ 157, 160, 165, 166, 172-175, 181, 189, 192, 195, 200-202, 206, 214, 216,
+ 231, 282-284, 294-297, 299, 303, 309, 327-329, 332, 333, 340, 366, 367,
+ 370-372;
+ origin of, 111;
+ reeves of, 10, 32, 155;
+ rents in, 10, 13, 14, 15;
+ rents in, enhancement of, 521;
+ sanitary conditions in, in nineteenth century, 519, 520;
+ do, recommendations for improvement of, 614-616;
+ stewards of, 117, 118;
+ supervision of strangers in, 160;
+ watch and ward in, 160, 389
+ (_see also_ Market Towns)
+
+ Borough tolls, 10, 112, 119-123, 125-127, 131-135, 212, 282;
+ disputes touching, 121, 126;
+ exemption from, 119, 120, 121, 124, 126, 127;
+ exemption of Jews from, 45;
+ intermunicipal agreement on, 126
+ (_see also_ Lastage, Murage, Passage, Pavage, Pesage, Pontage,
+ Stallage)
+
+ Bracton, quotations from, 75_n._, 97_n._, 126
+
+ Bracton's Note Book, 88-90, 92, 93, 95-97
+
+ Brewers, Stuart patent for licensing, 473
+
+ Bridewells, 370, 371
+ (_see also_ Houses of Correction, Workhouses)
+
+ Brokerage, 422, 423
+
+ Bullion, export of, 203, 216-223, 398, 416, 419, 420, 668, 671, 672;
+ free coinage of, at the Mint, 674
+ (_see also_ Currency, Mint).
+
+ Burgage tenure, 117
+
+
+ Cabots, the, 400-402
+
+ Calico-printers, journeymen, grievances of, 573-576
+
+ Capital, discussion on employment of, in factories, 606, 607
+
+ Capitalism, Disraeli's protest against domination of, 710, 711;
+ growth of, 668;
+ in textile industries, 314, 315, 317, 320-322;
+ in agriculture, 228
+
+ Capitalists, 561;
+ mercantile, 280
+
+ Cartbote, 242
+
+ Cecil, Lord, industrial programme of, 323-324
+
+ Chancery, court of, 106, 146, 150, 236;
+ appeals to, by an alleged villein, 100;
+ by copyholders, 85, 234, 241;
+ by a craftsman, 148, 199;
+ by a woolmerchant, 186;
+ touching usury, 201;
+ certifications into, 328;
+ equitable jurisdiction of, 87, 148_n._, 228;
+ original writs of, 48;
+ patents to make writs and file bills in, 441, 442;
+ protection of customary tenure in, 87_n._, 228, 235, 241
+
+ Chantries, 286-293
+
+ Charters, 152, 153;
+ of Henry II., 45, 124, 308;
+ of Richard I., 125;
+ of John, 44, 121, 122, 124, 126, 158;
+ of Henry III., 119, 124, 126, 127, 192;
+ of Edward I., 158, 164, 208, 211;
+ of Edward III., 119_n._, 211;
+ of Gilbert de Clare, 116;
+ to alien towns and merchants, 152, 192, 194, 199, 208, 211;
+ to boroughs, 116, 119, 121, 122, 124, 125, 126, 127;
+ to craft-gilds and companies, 144, 303, 308, 399, 427, 454, 461.
+
+ Chartists, 618;
+ manifestoes of, 618, 641, 642.
+
+ Chevage, 72, 73, 74, 75
+
+ Child-labour, 436;
+ half-timers, 613;
+ Oastler's campaign against, 544, 592-594;
+ in coalmines, 516-9, 598, 599;
+ in factories, 480, 495, 496, 502-505, 510-516, 544, 571-573, 591-595,
+ 600, 609, 610, 612-614;
+ in woollen industry, 483
+
+ Children's Employment Commission, 600, 603.
+
+ Churches, free fees of, exempted from taxation, 33
+
+ Churchwardens, administrative duties of, touching labour and poor
+ relief, 324, 648
+
+ Civil War, the, 310, 399, 475
+
+ Cloth, assize of, 152, 154, 155, 319;
+ suspension of, 319, 320;
+ aulnage of, 163, 164;
+ customs on (_see Customs_);
+ industry (_see_ Woollen Cloth);
+ retailing of, 131 (_see also_ Woollen Cloth)
+
+ Coal Industry, commission on employment in, 480, 516-519;
+ condition of, in 18th century, 479, 491-492;
+ act regulating, 598;
+ dispute between employers and workmen in, 625;
+ hours of labour in, 517-519;
+ inspectors of, 598;
+ production, transport and distribution in, 491, 492;
+ regulation of prices and limitation of output in, 497-499;
+ woman and child labour in, 516-519, 598, 599
+
+ Coin, clipping of, 678
+
+ Colonial preference, 708
+
+ Colonies, advantages of, 434-438;
+ effect of Navigation Act on, 672-674;
+ wages in, 315, 360
+
+ Combinations, of masters, 590, 634;
+ of journeymen, 138-141, 196, 549, 560, 583, 590, 617-643;
+ of agricultural labourers, 105-110, 552, 553, 618, 638-641;
+ of bricklayers, 624;
+ of carpenters, 624;
+ of coach-makers, curriers, farriers, smiths and sailmakers, 623;
+ of coalminers, 625;
+ of feltmakers, 617, 619-622;
+ of joiners, 624;
+ of tailors, 617, 618, 622-624;
+ of woolcombers, 617, 626
+
+ Combination Acts, 575, 618, 626, 627-631, 633, 636-638;
+ repeal of, 633
+
+ Commissions, Royal, on depopulation, 276, 277_n_;
+ on enclosure, 229, 262, 262_n._;
+ on child labour, 600, 603;
+ on health in towns, 614-616;
+ on industrial conditions, in textile industry, 316;
+ in coal mines, 480, 516-519;
+ on Poor Law, 661;
+ petitions for, 260
+
+ Common fields, 54;
+ disadvantages of, 527;
+ distribution of strips in, 22, 55, 73, 76;
+ enclosure of, 73, 525, 526, 527, 528, 529, 540, 541;
+ regulation of, 76-79;
+ system, 54
+
+ Common Law, and copyholders, 86, 87, 88, 228, 241, 255;
+ and enclosure, 88, 89, 271;
+ and villeinage, 89-97;
+ and restraint of trade, 305-307, 315, 361, 362;
+ and engrossing of corn, 393;
+ and monopolies, 466;
+ and combinations, 618, 634-636
+
+ Common pasture, 57, 58, 77, 88, 89, 259, 531;
+ enclosure of, 88, 89, 257;
+ in boroughs, 119;
+ rights of, stinted by agreement, 256
+
+ Commons or Wastes, 54, 249;
+ enclosure of, 54, 55, 63, 64, 87, 88, 244, 256, 257, 526-529, 532,
+ 534, 540, 541;
+ encroachments on, 54, 63, 64, 542;
+ objection to lords commoning on, 248;
+ rights on, 54, 529, 531, 534, 535, 538, 541
+
+ Companies, Industrial, 280 (_see also_ Craft-gilds, Mining);
+ Stuart patents of incorporation of, revoked, 474
+
+ Companies, Mercantile, monopoly of, discussed, 443-453;
+ Staplers, 153, 178-186, 484, 485;
+ Merchant Adventurers, 302, 398, 399, 402-404, 446, 447, 449, 450,
+ 452, 453, 454;
+ new company of, incorporation of, 454-460;
+ East India Company, interlopers and, 675;
+ Eastland Company, 399;
+ Muscovy Company, 399, 449, 450, 452, 453;
+ Turkey Company, 431, 450
+
+ Co-operative Societies, 618, 643
+
+ Copyhold, 228, 234-240, 248-250, 254-259, 326, 527, 528, 538;
+ conversion of, to leasehold, 538;
+ eviction from, 85-87 (_see also_ Customary holdings, Villeinage)
+
+ Copyholders, 228, 244;
+ of inheritance, 258 (_see also_ Customary tenants, Villeins)
+
+ Corn-badgers, 365, 375-377, 385, 386;
+ -carriers, 326, 375, 376, 385, 487, 488;
+ -factors, 487-491;
+ engrossing and engrossers of, 376, 386, 389, 391-396;
+ export and import of, 398, 407-411, 424, 428-430, 487;
+ do., discussed, 274, 407-412;
+ Laws, of 1815, 697;
+ do., debates on, 692, 705;
+ do., repeal of, 523;
+ price of, fluctuations in, 368;
+ do., means of enhancing, 407-412;
+ production of, fluctuations in, 273-275;
+ regulation of price and distribution of, 367, 368, 374-378, 385, 386,
+ 389, 391-396;
+ trade, condition of, in 18th century, 479, 487-491 (_see also_
+ Customs)
+
+ Coroners, 27, 38, 39
+
+ Cost of living, in 19th century, 521
+
+ Costermongers, excluded from operation of Statute of Artificers, 356
+
+ Cotters, cotmen, 5, 9, 61, 63, 65, 242
+
+ Cotton industry, in the 18th and 19th centuries, 545, 546, 571, 572,
+ 576, 577;
+ arbitration on disputes in, 544, 568-571;
+ depression of wages in, 500, 501;
+ fluctuations in, 480;
+ introduction of power loom weaving in, 505-510;
+ petition of journeymen in, to House of Commons, 480, 500 (_see also_
+ Factories)
+
+ Council, the King's, 48;
+ Privy, 328, 455, 473, 474;
+ intervention of, 229;
+ for the protection of tenants, 266;
+ for the regulation of wages, 316;
+ for the regulation of prices, 365, 368;
+ for the relief of the poor, 363, 364, 379, 382-384, 390, 649;
+ of the North, 429, 430;
+ of Wales, 429, 430
+
+ Council, Orders in, effect of, on industry and commerce, 480, 691
+
+ County courts, 34, 94
+
+ Courts, Royal (_see_ Chancery, Requests, Star Chamber, Wards and
+ Liveries)
+
+ Craft-gilds, 111, 131, 133, 279, 315;
+ adulterine, 114-116;
+ censured, 296;
+ charters to, protected in the Statute of Monopolies, 467;
+ common box of, 136, 137;
+ control of trade and industry by, 136-147, 284, 297-299, 300, 303,
+ 307-311, 345;
+ dependence of industrial on mercantile, 302-305;
+ election of officers of, 137, 138, 142, 145, 309, 310, 311;
+ exclusiveness of, 142, 143, 145, 280, 282, 299, 307, 361;
+ incorporation of, 113, 144, 305, 308, 474;
+ litigation of, 311;
+ the livery of, 310;
+ monopoly of, 280, 306, 311;
+ municipal control of, 137-144, 147;
+ ordinances of, 136-144, 195-197, 297;
+ state supervision of, 113, 279, 284, 285, 286, 306, 307;
+ religious aspect of, 136, 137, 139, 140, 144, 145, 280, 289, 290;
+ restraint of trading by, 469;
+ (_see also_ Apprentices, Journeymen, Yeomanry)
+
+ Craft-gilds and Companies of London, Clothworkers, 300-302;
+ Feltmakers, 302;
+ incorporation of, 303;
+ Haberdashers, 302-304;
+ incorporation of, 144-146;
+ Weavers, alien, ordinances of, 195-197;
+ Whitetawyers, ordinances of, 136-138
+
+ Craftsmen, alien, ordinances of, 195;
+ classification of, in Tudor period, 414;
+ desire of, for cheap corn, 409;
+ for protection, 426;
+ excessive prices charged by, 165, 166, 168, 169;
+ excluded from operation of Statute of Artificers, 356;
+ licensed to exercise more than one craft, 70;
+ limited to one craft, 70, 294, 295, 306, 321 (_see also_
+ Apprentices, Industry, Journeymen, Labour, Labourers, Prices, Wages)
+
+ Credit, trading on, 305, 416-418, 420-424, 493-495
+
+ Crown, indebtedness of the, 153, 416-418
+
+ Currency, condition of, in fourteenth century, 217-223;
+ in seventeenth century, 668, 677, 678;
+ debasement of, 398, 405, 406, 416-418;
+ discussions on, 220, 405;
+ provisions for, 180, 181;
+ recoinage of Queen Elizabeth, 419, 677;
+ recoinage of 1696, 668, 677, 678 (_see also_ Bullion, Mint)
+
+ Customary holdings, 228;
+ alienation of, 243, 258;
+ bequest of, 233, 234;
+ cotlands, 63;
+ custom touching inheritance of, 233, 234;
+ dayworks, 64;
+ division of, among heirs, 232;
+ eviction from, 254, 255, 263;
+ fines for entry on, 66, 67, 68, 69, 86, 229, 233, 235, 238, 239, 240,
+ 249, 251, 259;
+ do., enhancement of, 229, 249, 251, 253, 255, 265;
+ forelands, 62;
+ forfeited, 242, 243;
+ lease of, 55, 76, 80, 83, 84, 85, 86, 91, 235, 238, 241, 242, 254,
+ 255, 258, 259;
+ oxgangs, 258;
+ sale and purchase of, 233, 234;
+ yardlands, 242 (_see also_ Copyhold, Landmeasures, Leasehold, Manor)
+
+ Customary tenants, 5-9, 23, 24, 54, 80-86, 228, 232-246, 251-255;
+ eviction of, 364;
+ grant of manor to, 81;
+ lease of manor to, 81 (_see also_ Bordiers, Copyholders, Cotters,
+ Manor, Serfs, Villeins)
+
+ Customary tenure, 54, 55
+
+ Customs, the, in Middle Ages, 203, 207-216;
+ in London and the outports, contrasted, 445;
+ in American colonies, suggested, 673;
+ on imports, 211-216, 401;
+ exemption of the Cabots from, 401;
+ on cloth, 403, 412, 417, 440, 459, 469, 471;
+ on coal, 472;
+ on exported corn, 398, 407, 430;
+ on wine, 208, 214;
+ on wool, 207, 215, 407, 413
+
+
+ Debt, the National, 676, 677;
+ measures for reduction of, 679-681
+
+ Debts, recovery of, in Middle Ages, 161-163, 192
+
+ Defoe, Daniel, his accounts of eighteenth century industrial and trade
+ conditions, 482-492;
+ his criticism of Poor Laws, 649
+
+ Demesne, ancient, 36, 89;
+ tenants of, 36, 55, 90, 91
+
+ Demesne lands, in boroughs, 132;
+ in manors, 6, 9, 16, 17, 32, 33, 54, 56, 57, 64, 228, 237, 238, 240,
+ 245, 246, 254, 258, 259;
+ farmers of, 228;
+ lease of, 259;
+ lying in scattered strips, 76
+
+ Demesnes, the king's, 21, 36, 161;
+ tallage assessed on, 35, 65
+
+ Depopulation, caused by the Black Death, 65-68, 102, 164;
+ in rural districts, 267, 269, 395, 531, 536;
+ acts against, 229, 260, 270_n._, 315
+
+ _Dialogus de Scaccario_, 4_n._
+
+ Diminishing Returns, Law of, 272
+
+ Discovery, voyages of, 400-402
+
+ Disraeli, Benjamin, protest of, against capitalist domination, 710, 711
+
+ Domesday Book, 3, 4, 20, 40_n_, 54;
+ extracts from, 9-17
+
+ Domestic System, 355, 483, 508
+
+ Dorchester Agricultural Labourers Union, 618, 638-641;
+ rules of, 640, 641
+
+ Dyeing, English and foreign, 155, 432, 433
+
+ Dyers of Bristol, ordinances of, 141-144
+
+
+ Eastland Merchants, 399
+
+ Economic theory and opinion, in eighteenth century, 488, 559, 590, 668;
+ of state regulation, 365 (_see also_ Mercantile Theory)
+
+ Education, of working classes, 611, 711 (_see also_ Schools,
+ industrial)
+
+ Edward I, charters of, 158, 164;
+ enquiry of, touching royal rights and feudal liberties, 36-40
+
+ Enclosures of land, in Middle Ages, 54, 229;
+ in sixteenth and seventeenth centuries, 229, 247, 248_n._, 389;
+ in eighteenth and nineteenth centuries, 482, 483, 523-542;
+ advocated, 526, 527;
+ effect of, on cottagers, 532;
+ expense of fencing, 535, 539;
+ petition against, 531;
+ speeches in House of Commons on, 270-275;
+ statutes against, 247;
+ by Act of Parliament, 523, 528, 532-542;
+ do., expense of, 532, 535_n._;
+ by agreement ratified in Chancery, 523, 525, 526, 530;
+ of arable, 260-277, 408;
+ of common fields, 73, 525, 526, 527, 528, 529, 540, 541;
+ of common pasture, 88, 89, 257;
+ of waste, 54, 55, 87, 88, 244, 526-529, 532, 534, 540, 541;
+ Consolidating Act, 537;
+ General Act, 541
+
+ Encroachments (_see_ Purprestures)
+
+ Escheat (_see_ Feudal Incidents)
+
+ Escheators, 20, 23-26, 30, 31, 40, 107-110, 249, 250;
+ offences of, 40;
+ office of, 20, 21
+
+ Exchange, letters of, 421-424
+
+ Exchanges, foreign, fluctuations and manipulation of, 398, 416-424;
+ tax on, 398, 420-424;
+ certifications into, 35, 47;
+ fines paid in, 34
+
+ Excise, 399, 475-6, 667;
+ imposition of, in lieu of feudal dues, 670;
+ Walpole's proposal for, on salt, 678-9
+
+
+ Factories, growth of, checked in Tudor Period, 320, 321, 344;
+ cotton, 495, 496, 591 (_see also_ Cotton Industry);
+ child labour in, 480, 495, 496, 502-505, 510-516, 544, 571-573,
+ 591-595, 600, 609, 610, 612-614;
+ effect of, on health of operatives 495, 496, 503-505, 511, 514-516,
+ 609, 610;
+ hours of labour in, 503, 510-516, 591-593, 594, 595, 599-614;
+ inspection of, by magistrates and parsons, 572, 573;
+ do., by state inspectors, 595, 609, 610, 612;
+ wages in, 512, 513;
+ woman labour in, 614
+
+ Factory Acts, 480, 503, 504, 544, 545, 571-573, 591, 594-596, 612-614;
+ alleged failure of, 608;
+ debate on, in House of Commons, 599-612
+
+ Factory system, 320_n._
+
+ Fairs, 121, 152, 155, 157, 158, 159, 162, 163, 164, 188, 193, 209, 210,
+ 213, 340, 421, 484;
+ courts of, proceedings in, 159, 162, 163, 188, 193;
+ granted to the lord of a manor, 157, 158;
+ tolls at, 119
+
+ Fealty, 70
+
+ Felony, concealment of, 38
+
+ Feltmakers, journeymen, strike of, 617, 619-622
+
+ Feodary, 21, 249
+
+ Feudal, army, 4;
+ commendation, 11, 16;
+ commutation of services for rent, 21;
+ courts or sokes, 12, 15, 16;
+ customs and services, 5, 37;
+ do., castleguard, 29;
+ do., foreign, 29;
+ do., commutations of, 27;
+ franchises and liberties, 4, 39, 152 (_see also_ Gallows,
+ Frankpledge, Infangenethef, Sac and soc);
+ do., enquiry touching, 36-40;
+ incidents, escheat, 33, 36, 81, 82, 83;
+ do., relief, 25, 65, 70, 116, 242;
+ do., wardship and marriage, 26, 27, 29-31, 34, 40, 65, 68, 69, 237,
+ 250, 670;
+ knight's fees, 21, 33, 34, 36, 38;
+ do., the king's, alienation of, 36;
+ subinfeudation, 21, 28, 29;
+ tenants, thegns, 14, 15;
+ tenures, frankalmoin, 12, 22, 32, 90;
+ do., knight service, 13, 15, 21, 23, 27, 32, 34, 69, 123, 670;
+ do., payment of fines in lieu of, 34;
+ do., serjeanty, 21, 27, 33, 34;
+ do., grand, 24;
+ do., petty, 25;
+ socage, free, 26, 670
+
+ Feudal System, the, 19-22;
+ documents illustrating, 22-41
+
+ Firebote, 242
+
+ Fiscal policy, documents illustrating, 207-216, 416, 424, 440-476, 667,
+ 670, 671, 672-674, 689-702, 705-711
+
+ Fishing, fishmongers and fishermen, 133, 166, 326, 435
+
+ Forelanders, 62
+
+ Forestallers, 168, 388
+
+ Frankpledge, view of, 65, 80, 82, 84, 156
+
+ Free trade, 468_n._;
+ arguments for, 696, 698-701;
+ Sir Edwin Sandys' Bill for, 399, 443-453
+
+ Freehold, 48, 88, 89, 90, 93, 97 250, 324, 326, 332
+
+ Freeholders, 23, 65, 87, 91, 228, 248, 255, 256, 257, 526
+
+ Freemen, 7, 9, 16, 17, 32, 96, 101;
+ marriage of, to bondwomen, 72
+
+ French Revolution, 590
+
+ French wars, in 18th and 19th centuries, effect of, on industry and
+ commerce, 480, 501, 544, 689, 690
+
+ Friendly Societies, 561, 566, 640
+
+
+ Gallows, feudal liberty of, 37, 156
+
+ Gatebote, 242
+
+ Gebur, 6
+
+ Geneat, 5
+
+ _Gerefa_, 3
+
+ Gigmills, 442
+
+ Gild, at Dover, 4, 10
+
+ Gilds, craft (_see_ Craft-gilds)
+
+ Gilds, lands of, confiscation of, 280, 286-294;
+ do., exceptions to, 291-294;
+ do., distribution of, by agreement, 267
+
+ Gilds, merchant, 111, 112, 114, 115, 119, 120, 121, 123, 124, 126, 127,
+ 128, 129, 130, 131;
+ characteristic features of, defined, 130;
+ disputes of, with lords, 123, 128;
+ privileges of, 123;
+ restraint of trade by, 123
+
+ Gilds, social, 148-150
+
+
+ Half-time Child Labour, 613
+
+ Health, Public, effect of factory conditions on, 496, 503-505, 511,
+ 514-516, 609, 610;
+ in towns, 519, 520;
+ recommendations of commission on, 614-616;
+ provision for, in factories (_see_ Factory Acts)
+
+ Hedgebote, 242
+
+ Henry II., charters of, 45, 124, 308
+
+ Henry III., charters of, 119, 124, 126, 127
+
+ Heriots, 65, 84, 116, 242
+
+ Highways, enlarged for safety of merchants and travellers, 160, 161
+
+ Homage, 59, 70, 123
+
+ House of Commons, Bills in, on labourers and wages (1388), 176;
+ on minimum rates in textile industry (1593), 336;
+ on free trade (1604), 443;
+ on minimum wages (1795), 554;
+ on factories (1844), 599;
+ debates in, on enclosures (1597, 1601), 270-275;
+ on the confiscation of gild lands (1548), 292;
+ on salt duties (1732), 678;
+ on Whitbread's minimum wage bill (1795), 554;
+ on the income tax (1798), 683;
+ on apprenticeship (1813-14), 577;
+ on the Corn Laws (1815, 1846), 692, 705;
+ on factory legislation (1844), 599;
+ petitions of journeymen to, 307-312, 573, 624
+
+ Housebote, 242
+
+ Houses of Correction, 364, 378, 381, 389, 627 (_see also_ Bridewells,
+ Workhouses)
+
+ Hundred aid, 80
+
+ Hundred, the, as a geographical unit, 12, 17;
+ as an administrative unit, 9, 32, 36-38, 47, 111, 172, 174, 324, 327,
+ 374, 379, 384;
+ as a feudal liberty, 15, 37, 117; bailiffs of, 32;
+ farms of, 36-37;
+ do., enhancement of, 38
+
+ Hurdle, punishment of the, 157
+
+
+ Income Tax, 667;
+ objections to, 688;
+ Pitt's speech on, 683
+
+ Industrial Revolution, 480, 509, 617, 618, 668
+
+ Industrial riots, 495
+
+ Industries (_see_ Calico printers, Coal, Cotton, Craft-gilds,
+ Feltmakers, Iron, Linen, Woollen Cloth)
+
+ Industry, changes in organisation of, in 18th century, 479, 480, 617;
+ encouragement of, by patents, 467;
+ migration of, to suburbs and country districts, 304, 314, 321;
+ municipal regulation of, 195-197, 280, 282-284, 294-299 (_see also_
+ Craft-gilds, Markets, Prices, Wages);
+ protection of small masters by Stuarts, 280;
+ state encouragement of, 399;
+ state regulation of, 313-362;
+ do., delegated to private speculators, 336_n._;
+ in country districts, 14;
+ in manors, 70, 111 (_see also_ Combinations, Craft-gilds,
+ Craftsmen, Labour, Prices, Wages)
+
+ Infangenethef, 125, 156, 156_n._
+
+ Inquisitions, royal, 38
+
+ Interlopers, and the East India Company, 675
+
+ Irish Potato Famine, 705, 706
+
+ Iron industry, in 18th century, 545
+
+ Iron-works, 55;
+ accounts of, 103-105;
+ Elizabethan patent as to, 442
+
+
+ Jews, the, charter of liberties to, 44;
+ conversion of, 46;
+ chirographs and chests of, 46, 49, 50;
+ debts to, 44-51;
+ exemption of, from tolls, 45;
+ expulsion of, 51;
+ function of, 43;
+ grant of, 47;
+ justices of, 46, 47, 48, 50;
+ litigation between Christians and, 44, 47, 48;
+ ordinances touching, 45, 48, 51;
+ pledging of land to, 48, 49;
+ prohibited from acquiring freehold, 48, 49;
+ restrictions on worship of, 45;
+ royal protection of, 43, 44;
+ tallage assessed on, 46;
+ transferred from town to town, 43, 50
+
+ John, King, charters of, 44, 126, 158
+
+ Joint Stock Companies, 399;
+ incorporation of, 427
+
+ Journeymen, yeomen, servants 113, 136, 137, 138, 139, 140, 141, 142,
+ 143, 280, 285, 286, 297-299, 305, 310, 311, 325-332, 334-336, 341,
+ 344, 345, 349, 350, 499_n._, 547-551, 588, 589;
+ associations of, 138-141, 280, 297-299, 307-312;
+ do., common fund of, 298, 299, 301;
+ combinations of (_see_ Combinations);
+ disciplinary rules as to, 113, 137, 140, 141, 345;
+ disputes between masters and, 137, 138-141, 196 (_see also_ Labour
+ disputes);
+ petitions of, to House of Commons, 500;
+ proportion of, to apprentices, fixed, 332, 550, 551, 573, 574;
+ wages of, effect of fall in value of money on, 405;
+ do., regulation of (_see_ Wages);
+ (_see also_ Agricultural Labourers, Calico Printers, Feltmakers,
+ Tailors, Weavers, Woolcombers)
+
+ Justice, administration of royal and feudal, 19, 20, 36_n._, 39
+ (_see also_ King's Bench)
+
+ Justices, 105, 106, 109, 110, 128, 155, 170, 183, 229
+
+ Justices of assize, 26, 55, 90, 93-96, 285, 297, 340, 343, 391, 429,
+ 430, 622
+
+ Justices of the Bench, 75, 176, 285
+
+ Justices of the Jews, 46, 47, 48, 50
+
+ Justices of the Peace, administration of Statutes of Labourers and
+ Artificers by, 172, 173, 176, 178, 231, 326, 329, 333, 352, 353, 356,
+ 577;
+ attacked in the Peasants' Revolt, 106, 107;
+ inspection of factories by, 572, 573;
+ intervention in industrial disputes by, 569, 570, 576, 623, 631;
+ regulation of apprenticeship by, 332, 333, 344, 352;
+ regulation of cloth industry by, 318, 340, 343, 358, 359;
+ regulation of export of corn by, 429, 430;
+ regulation of markets and prices by, 368, 373-380, 385, 386, 388, 389,
+ 391-396;
+ regulation of poor relief by, 364, 372, 380, 564, 646;
+ regulation and assessment of wages by, 314, 315, 316, 324, 328, 329,
+ 341-343, 345, 351, 352, 353, 356, 359, 361, 546-551, 554, 558, 565,
+ 566, 577, 624_n._, 631, 632;
+ returns to Privy Council made by, on enclosure, 275;
+ do., on the cloth industry, 318;
+ do., on scarcity of corn, 373-374 (_see also_ Quarter Sessions)
+
+ Justiciar, 36
+
+
+ Ket's Rebellion, 247
+
+ King's Bench, 623
+
+ Knight service (_see_ Feudal)
+
+ Knighthood, respite from, 39
+
+ Knights, 87
+
+ Knight's Fees (_see_ Feudal)
+
+
+ Labour, cheap, deprecated, 589;
+ Child and Woman (_see_ Child labour, Women);
+ disputes, arbitration in, 544, 568-571, 617, 630 (_see also_
+ Combinations, Craft-gilds, Journeymen);
+ hours of, 630, 637;
+ do., in agriculture 327;
+ do., in factories, 503, 510-516, 591-593, 594, 595, 599-614;
+ do., in mines, 516-519
+
+ Labour, movement of, 164-166, 172-177, 314;
+ effect of Poor Laws on, 561;
+ effect of enclosure on, 532
+
+ Labourers, Ordinance of (1349), 164;
+ Statutes of (_see_ Statutes)
+
+ Land, alienation of, without licence, 30;
+ do., fines for, 670;
+ disseisins of, 38, 88, 89, 93, 96, 97;
+ extents of, 40;
+ limitation of purchase of, by merchants, husbandmen and artificers, 324;
+ low rents of, in eighteenth century, 509;
+ measures of:--
+ acres, _passim_;
+ bovates, 66, 67, 68, 69, 92;
+ carucates, 16, 32, 33;
+ fardels, 24;
+ hides, 9, 15, 16, 17, 28, 29, 32, 54;
+ league, 16, 17;
+ ploughlands, 32;
+ roods, _passim_;
+ selions, 61;
+ virgates, 13, 23, 27, 28, 29, 54, 59, 60, 61, 62, 84, 95, 246, 247;
+ ownership of, as qualification for apprenticeship, 330;
+ pledged to Jews, 48, 49;
+ speculation in, 229, 251, 259;
+ waste committed in, by escheators, 40;
+ (_see also_ Agriculture, Enclosures, Feudal, Manor)
+
+ Landowners, competition of manufacturing interest with, 600, 668, 694, 710
+
+ Lastage, 24, 119, 122, 124, 127
+
+ Laud, agrarian policy of, 276, 277
+
+ Law Merchant, 130, 210, 213, 214
+
+ Leasehold, 55, 87, 228, 530, 539;
+ (_see also_ Copyhold, Customary holdings, Manor)
+
+ Leyrwite, 71, 84
+
+ Linen manufacture, in Ireland, establishment of, 471
+
+ Local Government Board, 646
+
+ London, craft-gilds and companies of (_see_ Craft-gilds);
+ mercantile interest concentrated in, 443;
+ merchant gild of, 127;
+ regulation of entry into companies in, 309;
+ regulation of usury in, 200
+
+ Lords, mesne, 36
+
+
+ Machinery, accidents to children, in cleaning, 512, 609;
+ Arkwright's and Watt's inventions, 582;
+ discouraged by Tudors, 321, 442, 544;
+ effect of, on industry, 480;
+ introduction and development of, 505-510;
+ regulations for cleaning, 612
+
+ _Magna Carta_, 20, 22, 31_n._, 36_n._, 152
+
+ Manor, the Saxon, 3, 4, 5-9;
+ in Domesday Book, 9, 16, 17;
+ documents illustrating, 3-9, 16, 17, 53-102, 155, 158, 232-255, 258;
+ the king's, alienation of, 36;
+ common fields in (_see_ Common Fields);
+ courts, 20, 22, 36_n._, 54, 89;
+ do., proceedings before, 65-75, 95, 232;
+ do., pleas and perquisites of, 65, 80, 81;
+ court rolls, 54, 55, 85, 234-236, 238-240, 259, 527;
+ do., extracts from, 65-75;
+ custom and customs of, 54, 66-75, 228, 229, 232-235, 238-244, 254-259
+ (_see also_ Cartbote, Firebote, Gatebote, Hedgebote, Housebote,
+ Pannage, Ploughbote);
+ do., breach of, by lords, 241, 248, 249, 251, 252, 254, 258, 259;
+ do., repudiated by tenants, 108;
+ do., touching inheritance, 243;
+ do., touching widows, 234;
+ do., grass-swine, 5 (_see also_ Pannage);
+ do., leph, 58;
+ customaries, 56, 232, 314;
+ customary services in, 24, 54, 57-61, 64, 80-82, 84, 85, 90-93, 96,
+ 241, 246;
+ do., commutation of, for rent, 21, 27, 28, 55, 60-62, 85;
+ do., boon-works, 6, 7, 85, 92;
+ do., castle-guard, 248;
+ do., heriots (_see_ Heriots);
+ do., of being crier in the lord's court, 244;
+ do., of serving with horses against the Scots, 254;
+ do., reliefs (_see_ Reliefs);
+ do., suit of court, 70, 242;
+ demesne lands of (_see_ Demesne);
+ extent of, 56;
+ fines, gersoms, and forfeitures in, 17, 232;
+ do., for entry, 80, 242, 247;
+ do., enhancement of, 254;
+ do., for offences, 66-75;
+ do., for marriage, 80, 90, 92, 93, 96, 241, 243 (_see also_
+ Merchet);
+ do., for waste committed, 242, 243;
+ grant of, to customary tenants, at fee farm, 81;
+ leases of, to farmers, 55, 85, 91, 245, 246;
+ do., to tenants, 55, 79, 91;
+ lords of, 5-9, 21, 37, 66-76, 90-100, 161, 228, 232, 235-246, 248-255,
+ 259, 541;
+ do., grant of liberties to, 156;
+ officers of, 3, 5-8;
+ bailiffs, 36, 57, 58, 65, 72, 80, 81, 82, 95, 233, 250;
+ hayward, 8, 79;
+ radman, 17;
+ reeves, 5, 9, 17, 32, 80;
+ do., complaints against, 84;
+ serjeant, 81;
+ stewards, 32, 37, 70, 74, 172, 173, 232, 233, 243, 259, 340, 526;
+ woodward, 8;
+ rents, 5-9, 23, 56, 57, 59, 60, 62, 63, 64, 79, 86, 92;
+ do., decay of, 83;
+ do., enhanced, 252, 253;
+ rents of assize, 60, 63;
+ social and economic development of, 53, 54, 227-230;
+ stock, 6-8, 16, 17, 57, 58, 61, 77-81;
+ strips, 8, 9, 22;
+ tenants, 3, 21, 54, 55, 57 (_see also_ Bordiers, Copyholders,
+ Cotters, Customary tenants, Forelanders, Freeholders, Freemen, Gebur,
+ Geneat, Serfs, Sokemen, Villeins);
+ do., marriage of, 65;
+ sub-tenants, 64;
+ waste (_see_ Commons)
+
+ Markets, 14, 58, 69, 111, 257, 340;
+ customs in, 129;
+ for corn, 488-491;
+ for woollen goods, 484, 485, 493;
+ granted to the lord of a manor, 157, 158;
+ organisation of, in eighteenth century, 479, 487-491;
+ regulation of, by justices of the peace, 364, 365, 367, 374-378, 385,
+ 386, 388, 389, 391-396;
+ do., by towns, 280, 283, 296;
+ sale and purchase by samples in, 490, 491
+
+ Market towns, 34, 166, 209, 210, 213, 260, 321, 322, 331 (_see also_
+ Boroughs)
+
+ Marque and Reprisals, letters of, 190
+
+ Mercantile System, 397, 398, 399
+
+ Mercantile Companies (_see_ Companies)
+
+ Mercantile Theory, 220-222, 420;
+ expounded, 407-416
+
+ Merchants (_see_ Aliens, Companies, Corn, Gilds, Middlemen, Staple,
+ Wool)
+
+ Merchet, 71, 93 (_see also_ Manor, fines for marriage)
+
+ Middlemen, 479;
+ corn badgers, 365, 375-7, 385, 386;
+ corn factors, 487-491;
+ mealmen, 487, 488, 491;
+ wool-merchants, 354, 355 (_see also_ Staple);
+ in woollen industry, 492-495;
+ yarn-jobbers 336, 340, 341
+
+ Milan Decrees, 692
+
+ Mills, 9, 11, 16, 79;
+ fulling, 483;
+ tucking, 321 (_see also_ Factories, Gigmills)
+
+ Miners, 326, 389 (_see also_ Coal Industry)
+
+ Mining Company, incorporation of, 427
+
+ Mint, 220, 417;
+ coinage of money at, before 1696, 677, 678;
+ free coinage of bullion at, 674;
+ profits of, 221, 222, 406 (_see also_ Moneyers)
+
+ Monasteries, effect of dissolution of, 229, 251
+
+ Money, fall in value of, 314, 398, 405, 406;
+ regulation of export and import of, 216-223
+
+ Moneyers, 12, 13, 119
+
+ Monopoly and monopolies, 480, 497, 584, 587, 611 (_see also_
+ Patents);
+ of craft and merchant gilds, 112;
+ of mercantile companies, 443-453
+
+ Murage, 126, 127, 212, 282
+
+ Muscovy or Russia Merchants, 399, 449, 450, 452, 453
+
+
+ Navigation Act (1660), 670;
+ attack on, 672-674
+
+ Newcastle Coal Vend, 497
+
+ Norman Conquest, the, 3, 4, 53, 54, 55, 90;
+ effects of, on boroughs, 10-14;
+ do., on rural population, 54, 55
+
+ North-West Passage, 436
+
+
+ Oastler, Richard, campaign of, against child labour, 544, 592-594
+
+ Orders in Council, effect of, on British industry and trade, 480,
+ 501, 691
+
+ Outdoor relief, condemned by Poor Law Commission (1834), 662;
+ prohibitory order as to, 665
+
+
+ Pannage, 58, 61, 243, 259
+
+ Parish, as a unit for poor relief, 372, 379, 380, 647;
+ overseers (_see_ Poor)
+
+ Parliament, 20, 103, 180, 206, 217, 229, 261, 537;
+ and minimum wages, 316;
+ petitions to, 553;
+ regulation of trade and industry by, 153, 160-163, 171-178 (_see
+ also_ House of Commons)
+
+ Passage, 122, 124
+
+ Pasture, reconversion of, to arable, 271-273, 275, 276 (_see also_
+ Arable, Common, Enclosures)
+
+ Patents and Monopolies, 399, 443-453, 461, 465-468, 472-474;
+ list of, 440-443;
+ revoked, 472-475
+
+ Paupers (_see_ Poor)
+
+ Pavage, 126, 127, 133-135, 212;
+ collectors of, 135
+
+ Peasants' revolt, the, 55, 105-110;
+ burning of muniments in, 108
+
+ Perceval, Dr., report of, on child labour, in factories, 480, 495
+
+ Pesage, 122
+
+ Picketing, 549, 627, 637
+
+ Pilgrimage of Grace, agrarian programme of, 247
+
+ Pillory, punishment of the, 156, 157, 393, 394
+
+ Piracy, 188-192
+
+ Place, Francis, 618
+
+ Pleas, of _quo warranto_, 40_n._;
+ of replevin, 37
+
+ Ploughbote, 242
+
+ Pontage, 119, 122, 124, 126, 127, 212
+
+ Poor, analysis of classes of, in 19th century, 663;
+ children, apprenticing of, 381, 388, 504, 652;
+ do., boarding out of, 653, 654;
+ do., education of, 663;
+ farmed to contractors, 646, 657;
+ fines for enhancing price of corn, reserved to, 392, 393;
+ guardians of, 652, 653, 654, 655, 663, 664;
+ impotent, 174, 175, 364, 378, 388;
+ impotent and idle, distinguished, 174, 175, 364;
+ licensed to beg, 174, 175;
+ overseers of, 372, 380, 381, 384, 648, 660, 661;
+ do., misconduct of, 652;
+ proportionate taxation of, 35;
+ provision made by gilds for, 136, 150;
+ provision made by enclosure acts for, 534, 535;
+ provision of food for, 377;
+ provision of work for, 364, 367, 369-371, 373, 378, 380, 383, 384,
+ 389, 391, 648 (_see also_ Houses of Correction, Workhouses);
+ rates, 468, 533, 536, 537, 552, 555, 561, 562, 651,662;
+ do., made compulsory, 364, 372, 380;
+ do., increase of, in 18th century, 557;
+ relief of, in Middle Ages, 113, 150, 174, 175;
+ do., in 16th and 17th centuries, 272, 287_n._, 363-391, 647;
+ do., in 18th and 19th centuries, 544, 649-665;
+ do., by craft and other gilds, 113, 150, 311, 345;
+ do., by parishes, 270;
+ do., by towns, 363, 366, 369, 649;
+ do., by journeymen associations, 299;
+ do., by private charity, 364, 366;
+ do., Pitt's suggested changes in, 563-565, 647;
+ do., unions of parishes for, 651, 664, 665;
+ settlement of, 364, 372, 381, 382, 386, 387, 561, 647, 651, 655
+
+ Poor Laws, 275, 366, 372, 373, 380, 567, 646, 648, 652;
+ administration of, by justices of the peace (_see_ Justices
+ of the Peace);
+ 18th century abuses in, 560-562;
+ inspectors advocated for, 564;
+ Amendment Act (1834), 545, 646, 663;
+ Settlement Act (1662), 645, 647;
+ Workhouse Test Act (1722), 650;
+ Gilbert's Act (1782), 645, 652;
+ Speenhamland "Act of Parliament" (1795), 646, 655;
+ Board, 646;
+ Commission (1834), 646;
+ do., recommendations of, 661-663
+
+ Poverty, alleged causes of, in 18th century, 649
+
+ _Precipe_, writs of, 21, 36, 36_n._
+
+ Prerogative, the royal, 153
+
+ Prerogative Courts, 229, 230
+ (_see also_ Requests and Star Chamber, Courts of)
+
+ Prices, enhancement of, 265, 368, 391-396, 404, 405, 407-411;
+ regulation of, by Privy Council and Justices of the Peace, 341, 364;
+ rise in, after the Black Death, 166, 168, 169;
+ do., in Tudor period, 314;
+ do., in 18th and 19th centuries, 555-559, 565-567, 576, 692-696, 707;
+ of coal, regulation of, 497-499;
+ of grain, 283;
+ and wages, lack of correspondence between, 553, 555-559, 565-567,
+ 576, 695, 696
+
+ Price of wines, 45, 206, 209, 214
+
+ Privy Council (_see_ Council, Privy)
+
+ Profit, a just, views on, 294, 295, 296, 367, 368
+
+ Protection, for native manufactures, 425
+
+ Protective tariffs, arguments for and against, 696, 698-701, 706-711;
+ for revenue, 700
+
+ Purprestures or Encroachments, 38, 54, 63, 64, 542
+
+
+ Quarter Sessions, 173, 176, 316, 324, 343, 345, 351, 352, 356, 392, 429,
+ 543, 546, 548,
+ 549, 551, 576, 577, 623, 648, 656 (_see also_ Justices of the
+ Peace)
+
+
+ Rackrenting, 251_n._, 252, 253, 265
+
+ Regrators, 156, 336, 386, 388
+
+ Reliefs, 25, 65, 70, 116, 242
+
+ Revenue, the national, 153, 667;
+ effect of debasement of coin on, 405, 406
+ (_see also_ Customs, Excise, Taxation)
+
+ Report of Committee on Ribbon weavers, 590, 591
+
+ Richard I., charter of, 125
+
+ Riots, agrarian (_see_ Ket, Peasants' Revolt, Pilgrimage of Grace);
+ industrial, 495
+
+ Rochdale Pioneers, 618
+
+ Roundsmen, 646, 660, 661
+
+
+ Sac and Soc, 10, 11, 125
+
+ Saltpans mentioned in Domesday Book, 17
+
+ Schools, 249, 287;
+ fine for attending, 84;
+ industrial, in 18th century, 563;
+ provision for, in 16th century, 287, 290
+
+ Scotch weavers, strike of, 618, 631-633
+
+ Scutage, 21, 29, 33, 34_n._, 80
+
+ Seisin, 122;
+ feudal conception of, 63_n._
+
+ Serfs, 7, 9, 16, 17, 75_n._, 323
+
+ Sheep, restriction of numbers of, to be owned by individuals, 264-266
+
+ Sheep-graziers and sheep-grazing, 250, 264-266, 269, 274, 407, 408, 530,
+ 531;
+ in 18th century, 484-487
+
+ Sheriffs, 6, 9, 13, 15, 17, 19, 20, 27, 32, 34, 35, 40, 46-48, 50, 90,
+ 94, 109, 114, 115, 120, 121, 136, 155-157, 160, 161, 164, 165, 174,
+ 175, 189, 192, 200-202, 214, 250, 264, 324, 329, 372, 374, 379, 429,
+ 473;
+ offences of, 38, 39
+
+ Sheriff's aid, 80
+
+ Sheriffs' tourns, 38, 340
+
+ Shipping and Ships, 10, 188, 190, 191, 192, 197, 206, 210, 401, 402,
+ 431, 675;
+ encouragement and protection of, 153, 190, 206, 428, 437, 670, 671
+ (_see also_ Navigation Act)
+
+ Silkweavers (_see_ Spitalfields)
+
+ Sinking Fund, 667, 689;
+ Act, 679
+
+ Small holders, enclosure disadvantageous to, 531, 532, 534, 535, 537
+
+ Small holdings, consolidation of, 523, 530, 541
+
+ Soap manufacture, 461-465
+
+ Social Contract, theory of, 281, 308
+
+ Sokemen, socmen, 9;
+ bond, 36;
+ free, 36
+
+ Somerset, Lord, Protector, 292, 293;
+ agrarian policy of, 266
+
+ Speenhamland "Act of Parliament," 646
+
+ Spitalfields, silk weavers of, 484
+
+ Spitalfields Act, authorising the regulation of wages of London
+ silk-weavers, 544, 547-551, 558, 575, 577, 591, 596
+
+ Stallage, 119, 122, 124
+
+ Staple, the, 153, 178-185, 407;
+ custom of partition in, 185;
+ mayor, council and merchants of, 179, 180, 182, 183, 184, 185
+
+ Staplers, 484, 485. (_See also_ Wool merchants)
+
+ Star Chamber, Court of, 302, 365, 460;
+ case in, 391
+
+ Statutes, 153;
+ touching alienation of land, 69;
+ touching depopulation, 315 (_see also below_);
+ touching enclosure, 247 (_see also below_);
+ of Merton (1234), 87;
+ of Marlborough (1267), 37;
+ of Acton Burnel (1283), 162;
+ of Merchants (1285), 161-163;
+ of Winchester (1285), 160;
+ of Mortmain, 146, 150;
+ of Quia Emptores (1290), 29_n._;
+ of Labourers, 153, 168, 171-178, 231, 314, 323, 325, 367, 388
+ (_see also below_);
+ of Monopolies, 399, 465-468 (_see also below_);
+ of Inmates, 275;
+ Poor Law, 275, 366 (_see also below_);
+ 3 Edward I., touching freedom of elections, 309, 310;
+ 12 Richard II., touching labourers, 171, 314, 323;
+ 13 Richard II., touching wages, 324;
+ 8 Henry VI., touching regrators of yarn, 340;
+ 15 Henry VI., touching gild ordinances, 279;
+ 18 Henry VI., touching hosting of aliens, 153, 198, 199;
+ 4 Edward IV., touching truck, 318;
+ 4 Henry VII., touching depopulation, 229, 271_n._, 324;
+ 12 Henry VII., touching merchant companies, 444, 445, 453;
+ 19 Henry VII., touching gild ordinances, 279, 284, 307;
+ 6 Henry VIII., touching depopulation, 229;
+ 7 Henry VIII. ditto, 229, 260;
+ 22 Henry VIII., touching gilds, 280, 285, 310;
+ 25 Henry VIII., touching depopulation, 229, 264;
+ 27 Henry VIII., ditto, 229, 269;
+ 28 Henry VIII., touching gilds, 280, 284;
+ 31 Henry VIII., touching cornmarkets, 368;
+ 33 Henry VIII., touching gaming houses, 442;
+ 35 Henry VIII., touching depopulation, 269;
+ 37 Henry VIII., touching gilds and chantries, 280, 287_n._;
+ 1 Edward VI., ditto, 280, 286, 291;
+ do., touching vagrants, 323;
+ 5 Edward VI., touching depopulation, 324;
+ 5 and 6 Edward VI., ditto, 229;
+ do., touching gig-mills, 442;
+ 3 Philip and Mary, touching depopulation, 229;
+ 5 Elizabeth, touching depopulation, 229;
+ do., touching weavers, 344;
+ 5 Elizabeth, Statute of Artificers, 306, 307, 315, 325-336, 361,
+ 424, 442, 544, 557, 576, 591, 624, 656;
+ apprenticeship clauses of, 544, 579-589, 590;
+ do., administration of, 353, 361;
+ do., repeal of, 588;
+ wages clauses of, 544, 576, 577;
+ do., administration of, 341, 352;
+ do., repeal of, petition against, 576;
+ breaches of, 334, 342, 352, 353, 361;
+ proceedings before Privy Council on, 361, 362;
+ 19th century opinion on, 576-589;
+ 8 Elizabeth, touching export of cloth, 426;
+ establishing Muscovy Company, 453;
+ 13 Elizabeth, touching export of corn, 428;
+ 14 Elizabeth, touching compulsory poor rate, 372;
+ 31 Elizabeth, touching depopulation, 229;
+ 39 Elizabeth, ditto, 229, 268, 270_n._;
+ 43 Elizabeth, touching poor relief, 364, 380, 662;
+ 1 James I., ditto, 343, 557, 656;
+ 21 James I., touching depopulation, 229;
+ 21 James I., touching monopolies, 465;
+ 12 Charles II., Navigation Act, 670;
+ 14 Charles II., Settlement Act, 647;
+ 7 George I., touching combinations, 624;
+ 9 George I., touching workhouses, 650;
+ 12 George I., touching truck, 546;
+ 7 George III., touching poor relief, 663;
+ 13 George III., Spitalfields Act, 547;
+ 39 George III., touching combinations, 626;
+ 26 George III., touching Sinking Fund, 679;
+ 39 and 40 George III., touching industrial arbitration, 568, 570, 576;
+ 39 and 40 George III., touching combinations, 618, 627, 633;
+ 41 George III., touching enclosures, 537;
+ 42 George III., touching factories, 504;
+ 44 George III., touching industrial arbitration, 570, 576;
+ 54 George I I., touching apprenticeship, 588;
+ 55 George III., Corn Law, 697;
+ 59 George III., Factory Act, 591;
+ 3 and 4 William IV., ditto, 594;
+ 4 and 5 William IV., Poor Law Amendment Act, 663;
+ 7 and 8 Victoria, Factory Act, 612;
+ do., Bank Charter Act, 702;
+ 8 and 9 Victoria, General Enclosure Act, 541
+
+ Statute Law Revision Act (1863), 229
+
+ Steam power, use of, 544
+
+ Steelyard, the, 416, 417, 418, 440
+
+ Stock and land leases, 79, 81_n._, 245, 246
+
+ Stocks, punishment of, 172, 329, 366
+
+ Stafford, policy of, in Ireland, 399, 470-472
+
+ Strikers, prosecuted under law of conspiracy, 635
+
+ Strikes, 196, 617, 618, 619-622, 631-633, 635
+ (_see also_ Combinations, Labour disputes)
+
+ Stuarts, the, fiscal methods of, 399
+ (_see also_ Patents)
+
+
+ Tailors, journeymen, combination of, 617, 622-624
+
+ Tariff war, with Netherlands, 399
+
+ Taxation, 203-216, 667; aids, 29;
+ carucage, 21, 32;
+ do., fines for evasion of, 32, 33;
+ geld, 12, 15, 16;
+ Parliamentary subsidies, 406, 468;
+ tonnage and poundage, 206;
+ Parliamentary tenths and fifteenths, 170, 171;
+ do., assessment of, 204, 205;
+ scutage (_see_ Scutage);
+ tallage, 27, 65, 80, 82, 93, 117, 127;
+ do., assessment of, in London, 35;
+ do., assessed on Jews, 46;
+ Pitt on incidence of, 686 (_see also_ Income Tax);
+ Walpole on incidence of, 679
+
+ Taxes, the Assessed, 684
+
+ Tenures of land (_see_ Burgage, Copyhold, Customary tenure, Feudal,
+ Freehold, Leasehold, Villeinage)
+
+ Testimonials or certificates of service, 172, 174, 175, 324, 327,
+ 334-336, 353
+
+ Theam, 125
+
+ Tin, internal trade in, patent for, 442
+
+ Tithes, 249, 288, 289, 380, 528
+
+ Tolls (_see_ Boroughs, Fairs, Lastage, Markets, Murage, Passage,
+ Pavage, Pesage, Stallage)
+
+ Towns (_see_ Boroughs)
+
+ Trade, Internal, combinations in restraint of, 108, 128-130
+ (_see also_ Craft-gilds, Gilds Merchant, Trade Unions);
+ intermunicipal, 112, 119, 120, 121, 122, 124, 125, 126, 127, 133, 134,
+ 152, 280, 282;
+ municipal regulation of, 280, 282, 283, 294-299;
+ state regulation of, 152, 153, 160-178;
+ restrictions on, by a lord, 133;
+ of aliens in England, 127
+
+ Trade, Colonial, effect of Navigation Act on, 672-674
+
+ Trade, Foreign, 152, 698-701;
+ condition of, in 1587, 438-440;
+ do., in 19th century, 689-692;
+ depression of, 364, 383;
+ encouragement of export and checking of import, 398, 399, 407-416,
+ 424, 425, 426, 431-434, 439, 440, 454-461;
+ export of dressed cloth, 398, 399, 402-404, 426, 454-461, 469;
+ export of undressed cloth, 398, 399, 402-404, 424, 426, 454, 459;
+ fluctuations of, 610;
+ fostering of, 397, 398;
+ instructions to a factor in Turkey, 431-434;
+ perils of, 181, 188-192;
+ protection of, 153, 187;
+ relative merits of exports and imports discussed, 413, 421-425;
+ with Africa, 691;
+ with the Baltic, 691;
+ with Canada, 690;
+ with Continent, 502, 690;
+ with East Indies, 452;
+ with Flanders, 413;
+ with France, 413;
+ with Italy, 413;
+ with Levant, 452, 691;
+ with Low Countries, 179;
+ with Portugal, 690, 691;
+ with Russia, 449, 450, 452;
+ with South America, 690, 691;
+ with Spain, 413, 690;
+ with United States, 502, 689, 690, 691;
+ with West Indies, 690
+
+ Trade, Board of, 597
+
+ Trade boards, local, advocated, 596, 597
+
+ Trade Unions, 281, 617, 618;
+ benefit clubs of, 618, 626;
+ funds of, 629, 637
+ (_see also_ Combinations, Journeymen, Labour disputes)
+
+ Trial by battle, 119, 123
+
+ Trial by jury, 123
+
+ Truck, 284, 318, 513;
+ acts against, 318, 544, 545
+
+ Tumbrel, 156
+
+ Turkey Company, 431, 450
+
+
+ Unemployment, 364, 366, 369-373, 383, 390, 398, 573, 611
+
+ Unions of parishes for relief of poor, 651, 664, 665
+
+ Universities, 287, 287_n._
+
+ Usury, 44, 45, 49, 51, 154;
+ London ordinance touching, 200;
+ petition in Chancery touching, 201;
+ petition in Parliament touching, 200
+
+ Utopia, Sir Thomas More's, 275
+
+
+ Vagrants, 323, 335, 366, 369, 378, 379, 384, 388, 647, 648, 654
+ (_see also_ Beggars, Bridewells, Houses of Correction, Labourers,
+ Ordinance of, Poor, Workhouses)
+
+ Village greens, excluded from enclosure act, 541
+
+ Villeins, bondmen, 9, 16, 17, 32, 36, 54, 55, 69, 71-75, 90-102, 165,
+ 231, 249;
+ actions brought by, 55;
+ flight of, 55;
+ grant of, 55, 98;
+ imprisonment of, 99, 100, 101;
+ licensed to leave a manor, 72, 75;
+ manumission of, 55, 97;
+ received in boroughs, 121, 125;
+ regardant, 101;
+ runaway, 69, 73, 74, 75, 125
+
+ Villeinage (status), 75, 228;
+ acknowledgment of, 93, 94;
+ cases before the Courts touching, 88-90, 92-97;
+ survival of, in sixteenth century, 228, 231
+
+ Villeinage (tenure), bondage land, 24, 32, 54, 55, 66, 67, 68, 69, 84,
+ 86, 235, 239, 248;
+ grant of, by charter, 97
+
+
+ Wages, allowances in aid of, 646, 656;
+ assessment of, under Statutes of Artificers, 314, 316, 325, 328, 329,
+ 341-343, 345-353, 356-7, 359, 543, 546-7, 554, 576, 577, 631-2;
+ do., abandoned, 576-7, 656;
+ do., draft bill in House of Commons for, 336-341;
+ do., petitions and requests for, 356-7, 361;
+ do., under Spitalfields Act, 544, 547-551, 558;
+ conspiracies to raise, 139, 140, 196;
+ demand of excessive, 139, 140, 164-174, 176, 314, 324, 360, 361;
+ depression of, 188, 314, 357, 358, 359, 507, 521, 590, 605;
+ do., in cotton industry, 500, 501;
+ in colonies, 315, 360;
+ maximum, 315, 554;
+ maximum, fixed by Statute, 153, 173, 174, 176, 177, 178, 624_n._;
+ minimum, 315, 316, 342, 544;
+ do., bill in House of Commons for, 554-568;
+ proclamation of, by justices, under Stat. 13 Richard II, 323_n._,
+ 324;
+ proposals for a sliding scale of, for agricultural labourers, 552-53;
+ rates of, fixed by journeymen combinations, 620-622, 623, 624, 630,
+ 637, 638;
+ regulation of, by towns, 280, 282, 284, 296, 316;
+ do., by wages boards, 544
+
+ Wages boards, advocated, 596, 597;
+ in Scotland, 597
+
+ Wales, Council of, 429, 430
+
+ Wardpenny, 80
+
+ Wardship and marriage (_see_ Feudal)
+
+ Wards and Liveries, Court of, 21, 670
+
+ Waste (_see_ Commons)
+
+ Watchmakers, resolutions of, on apprenticeship, 588
+
+ Water power, 592;
+ in woollen industry, 482
+
+ Weavers Act (1555), 320
+
+ Weavers, Cotton, journeymen, petition of, to House of Commons, 500;
+ hand-loom, proposals for wages boards by, 596, 597
+
+ Weights and measures, 132, 154, 155, 214, 248, 388;
+ assize of (_see_ Assizes)
+
+ Women, employment of, in agriculture, 7, 8, 173, 177, 178, 329, 346,
+ 347, 547;
+ in coal mines, 598, 599;
+ in woollen industry, 350, 483;
+ suggestions for employment of, in colonies, 436
+
+ Wool, 55, 265, 282, 284, 303;
+ export of, 179-185, 187, 193, 407;
+ growers, 355, 483;
+ merchants, 132, 355, 484, 487 (_see also_ Staple and Staplers);
+ price of, 407;
+ Spanish, 431;
+ do., import of, 494;
+ do., patent to import, 441;
+ do., worked in England, 492
+
+ Woolcombers, benefit clubs of, 626
+
+ Woollen Cloth Industry, 154, 183, 184, 187, 188, 265, 282, 284, 357-360,
+ 383, 399, 432, 503;
+ apprenticeship in, 499, 500;
+ do., abolished, 587, 587_n_;
+ condition of, in eighteenth century, 479, 482-487, 492-495, 545, 546;
+ credit trading in, 493-95;
+ dyeing in, 141-144;
+ fraudulent workmanship in, 432;
+ geographical distribution of, 484;
+ hiring of looms in, 320, 321;
+ limitation of number of looms, to clothiers, 318, 321, 344;
+ organisation of, in seventeenth century, 354;
+ state regulation of, 317-322, 330, 331, 336-341, 343, 344, 345, 350,
+ 351, 352, 357-360, 382, 383, 398, 399, 402-404, 426, 454-461;
+ in Ireland, discouraged by Strafford, 471
+
+ Woollen Cloth Trade, internal trade in, 399, 404, 468-470;
+ export trade in, 198, 301, 398, 399, 402-404, 421, 426, 427, 431-434,
+ 438, 440, 441, 446, 447, 450, 453-461, 469;
+ do., patent for, 443;
+ foreign criticism of English cloth, 319, 587
+
+ Workhouses, 369-372, 380, 586, 646, 648, 649;
+ character of work provided in, 369, 370, 657-659;
+ mortality in, 659, 660
+
+ Workhouse Test Act (1722), 650
+
+ Working Men's Association, address of, to Queen Victoria, 641
+
+ Wreck of sea, 37, 40, 122
+
+ Writs, 39, 101;
+ return of, 37;
+ service of carrying, 28, 63;
+ of Chancery, 48;
+ of Jewry, 44, 48;
+ of _certiorari_, 202;
+ of _corpus cum causa_, 200;
+ of _precipe_, 36;
+ of _quo warranto_, 474;
+ of _recordari facias_, 236;
+ of _replevin_, 236;
+ of right, the little, 55, 91;
+ _of scire facias_, 474;
+ of _subpoena_, 186, 244, 277
+
+
+ Yarn, imported from Ireland, 485, 486
+
+ Yeomanry organisations, 280, 300, 302
+ (_see also_ Craft-gilds, Journeymen)
+
+ Young, Arthur, his account of farming in Norfolk, 523, 530, 534;
+ his advocacy of enclosures, 524;
+ his criticism of commissioners' methods, 536, 537
+
+
+
+
+
+End of the Project Gutenberg EBook of English Economic History,
+edited by A. E. Bland
+
+*** END OF THE PROJECT GUTENBERG EBOOK 43211 ***
generated by cgit v1.2.3 (git 2.25.1) at 2026-01-22 06:38:17 +0000