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diff --git a/43211-8.txt b/43211-8.txt deleted file mode 100644 index 4d81373..0000000 --- a/43211-8.txt +++ /dev/null @@ -1,31621 +0,0 @@ -The Project Gutenberg EBook of English Economic History, edited by A. E. Bland - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: English Economic History - Select Documents - -Editor: A. E. Bland - -Compiler: P. A. Brown - -Compiler: R. H. Tawney - -Release Date: July 13, 2013 [EBook #43211] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK ENGLISH ECONOMIC HISTORY *** - - - - -Produced by David Clarke, Graeme Mackreth and the Online -Distributed Proofreading Team at http://www.pgdp.net - - - - - - - - - -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 mediĉval 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 Cĉsar'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 Mediĉval 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, Mediĉval - 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, _Mediĉval 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 Archĉological 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 mediĉval 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 mediĉval 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 Archĉol. - 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 mediĉval 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 mediĉval 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. _Fĉdera 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 mediĉval 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, Mediĉval 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 mediĉval 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 mediĉval 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 _Fĉdera_, 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 mediĉval 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 Mediĉval 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 Angliĉ (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 Gloucestriĉ, 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 mediĉval 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 hĉc -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 Cĉsar'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 reipublicĉ 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. 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