II. 1485-1660

II. 1485-1660

SECTION I

RURAL CONDITIONS

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

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

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

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

AUTHORITIES

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

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

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

(2) The principal contemporary literary authorities are as follows:--J. Rossus (Rous), Historia regum Angliæ (about 1470, edited by T. Hearne); More, Utopia (1516); Starkey, A Dialogue between Cardinal Pole and Thomas Lupset (about 1537, Early English Text Society, England in the Reign of King Henry VIII); Forest, The Pleasant Poesy of Princely Practice (1548, ibid.); Fitzherbert, Surveying (1539), and Book of Husbandry (1534); Select Works of Crowley (Early English Text Society); Lever's Sermons (Arber's Reprints); The Common Weal of this Realm of England (about 1549, edited by E.M. Lamond); Certain causes Gathered Together wherein is shewed the Decay of England only by the great Multitude of Sheep (Early English Text Society); Tusser, Five Hundred Points of Good Husbandry (1572); Stubbes, Anatomy of the Abuses in England (1583); Harrison, The Description of Britain (1587, most accessible in Furnivall's Elizabethan England); Trigge, The Humble Petition of Two Sisters (1604); Norden, The Surveyor's Dialogue (1607); Standish, The Common's Complaint (1612), and New Directions of Experience to the Common's Complaint (1613); Bacon, The History of King Henry VII (1622); Powell, Depopulation Arraigned (1636); Fuller, The Holy and Profane State (1642); Halhead, Enclosure Thrown Open, or Depopulation Depopulated (1650); Moore, The Crying Sin of England in not Caring for the Poor (1653); and A Scripture Word Against Enclosure (1656); Pseudonismus, Considerations Concerning Common Fields and Enclosures (1653); Lee, A Vindication of a Regulated Enclosure (1656).

1. VILLEINAGE IN THE REIGN OF ELIZABETH [Tingey. Selected Records of Norwich, Vol. VI, p. 180], 1561.

Robert Ringwood brought in a certain indenture wherein Lewis Lowth was bound to him to serve as a prentice for seven years, and Mr. John Holdiche came before the Mayor and other Justices and declared that the said Lewis is a bondman to my Lord of Norfolk's grace, and further that he was brought up in husbandry until he was xx years old. Whereupon he was discharged of his service.[254]

[Footnote 254: The above case is remarkable as illustrating (a) the survival of villeinage as a working reality into the reign of Elizabeth; (b) the use of Statute law (growing since the first Statute of Labourers) to supplement the (legally) almost extinct jurisdiction of lord over villein.]

2. CUSTOMS OF THE MANOR OF HIGH FURNESS [R.O. Duchy of Lancaster; Special Commissions; No. 398], 1576.

[Presentment of customs of the manor.]

For the Queen.

3. That the jury ought to present at the court after every tenant's death or alienation, and who is his heir, and which tenant hath aliened, and to whom, and what, and who ought to be admitted tenant to the same, which presentment and admittance ought to be made in open court and be entered by the steward ... in this form.

Ad hanc curiam juratores presentant quod C.D. tenens customarius hujus manerii, seisitus in dominico suo ut de feodo secundum consuetudinem manerii unius messuagii etc, post ultimam curiam alienavit tenementa predicta cuidam H.F. habenda et tenenda eidem H.F. et heredibus suis secundum consuetudinem manerii, per quod predictus H.F. per consuetudinem manerii debet solvere dominae Reginae pro ingressu suo inde habendo 20s.

4. No person shall hereafter sell his customary tenement or any part of it, before he first be admitted tenant or come to court, and require to be admitted ... offering his fine for the same.

The purchaser of any tenement shall publish the sale at the next court after the purchase, and cause it to be entered on the rolls, that her Majesty may be duly answered of the fines, forfeitures and duties as well of the seller as the purchaser [penalty 20s.]. Any purchaser not so coming to the second court after the purchase shall forfeit 40s., and the lands purchased shall be seized by the steward.

5. As heretofore dividing and portioning of tenements hath caused great decay chiefly of the service due to her Highness for horses, and of her woods, and has been the cause of making a great number of poor people in the lordship, it is now ordered that no one shall divide his tenement or tenements among his children, but that the least part shall be of the ancient yearly rent to her Highness of 6s. 8d., and that before every such division there shall be several houses and ousettes for every part of such tenement.

Provided always that it be lawful for any one, who has bought any tenement or farmhold under the yearly rent of 6s. 8d. having houses and ousette upon it, which has been used as a dwelling house, [to leave it] to which of his children he thinks best.

And no person holding any part of any tenement shall bargain or put it away to any person except that person who is tenant of the residue of the tenement, if he will buy it at a reasonable price. If not, the tenant may sell it to any other customary tenant of the manor.

10. Every customary tenant and occupier shall uphold his houses according to our custom, forfeiting 6s. 8d. toties quoties.

11. No person shall fell timber without delivery of the bailiff, who shall deliver necessary timber to every tenant or occupier according to our custom.

12. No tenant or occupier shall sell underwood, etc., nor cut down any other man's wood in the lordship. Penalty 3s. 4d., half to her Highness, half to the party grieved. Every tenant so grieved may have his action for damages in the court of the lordship.

13. No tenant is to stop any common way nor turn aside a beck. Penalty 6s. 8d.

For the tenants.

1. Any tenant, lawfully seised of a messuage or tenement in fee to him and his heirs according to the custom of the manor, might and may lawfully give or sell the same by writing, and that the steward or his deputy ought to be made privy to it at or before next court under penalty of 20s.

The tenant may without the privity of the steward give his tenement in writing by his last will to which of his sons he thinks best, or any other person. If any customary tenant die seised of an estate of inheritance without a will or devise, then his eldest son or next cousin ought to have the tenement, as his next heir, according to the custom of the manor.

2. If any customary tenant die seised of a customary tenement, having no sons but a daughter or daughters, then the eldest daughter being unpreferred in marriage shall have the tenement as his next heir, ... and she shall pay to her younger sister, if she have but one sister, 20 years' ancient rent, as is answered to her Majesty; and if she have more than one sister, she shall pay 40 years' ancient rent to be equally divided among them.

3. The widow of any customary tenant having any estate of inheritance ought to have her widowright, viz., one-third of the same, as long as she is unmarried and chaste, according to our custom.

4. For the avoiding of great trouble in the agreements with younger brothers, it is now ordered that the oldest son shall pay to his brothers in the form following:--

If there is but 1 brother, 12 years' ancient rent.

If there are 2 brothers, 16 years' ancient rent, to be equally divided.

If there be 3 or more, 20 years' ancient rent, to be equally divided.

Provided that any father being a tenant may make a will dividing the money among his sons as he think best, provided he exceed not these sums and rates.

5. Whereas great inconvenience has grown by certain persons that at the marriages of sons or daughters have promised their tenements to the same son or daughter and their heirs according to the custom of the manor, and afterwards put the tenement away to another person, it is ordered, that whatever tenements a tenant shall promise to his son or daughter being his sole heir apparent at the time of his or her marriage, the same ought to come to them according to the same covenant, which ought to be showed at the next court.

6. If a tenant has a child, not his heir, an idiot or impotent, and die without disposition of his tenement, the same child shall be sustained out of the said tenement by direction of the steward or his deputy and 4 men sworn in court.

7. Finally be it agreed that no bye-law shall be any way prejudicial to her Majesty.

3. PETITION IN CHANCERY FOR RESTORATION TO A COPYHOLD [Record Commission. Chancery Proceedings, Ed. VI], c. 1550.

Richard Cullyer and John Cullyer v. Thomas Knyvett, esquire.

To quiet Plaintiff in possession of certain land holden of the manor of Cromwell in Wymondham by copy of court roll, according to the custom of the said manor.

To the right honorable Sir Richard Rich, knight, lord Rich and lord Chancellor of England.

In most humble wise sheweth and complaineth unto your lordship your daily orators, Richard Cullyer of Wymondham in the county of Norfolk, yeoman, and John Cullyer his son, that where one Edmund Mychell was seised in his demesne as of fee of and in twenty acres of land lying in Wymondham aforesaid, holden of the manor of Cromwell, in Wymondham aforesaid, by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, which twenty acres of land have used to be demised and demittable by copy of court roll for term of life, lives, or in fee, to be holden at will of the lord of the said manor by copy of court roll, according to the custom of the said manor time out of remembrance of man; and the said Edmund Mychell, so being seised of the said twenty acres, for a sum of money to him paid by the said Richard Cullyer, the father, did surrender the said twenty acres according to the custom of the said manor, by the name of twenty acres of bond land enclosed in a close called Reading, in Brawyck, in Wymondham aforesaid, into the hands of the lords of the said manor by the hands of William Smythe, in the presence of Geoffry Symondes and John Love, being then copyholders of the said manor, to the use of your said orators, their heirs and assigns: By force whereof your said orators, after that they had paid the accustomable fine due for the same to the lords of the said manor, were admitted tenants thereof, to hold the same, to them and their heirs, at will of the lord of the said manor by copy of court roll, according to the custom of the said manor, and from the time of the said surrender which was made, as is aforesaid, thirty years past; and continued seised of the said twenty acres in their demesne as of fee, as tenants at will, by copy of court roll, according to the custom of the said manor; and have received and taken the profits thereof, doing and paying the rents, customs and services of the same to the lords of the same manor, according to the custom of the said manor; and at their great travail, costs, and charges have stubbed, drained, and dyked the premises, whereby they have improved the said twenty acres and made it much better than it was at the time that the same was surrendered to them as is aforesaid: And now so it is, right honorable lord, that the moiety of the said manor is descended to one Thomas Knyvett esquire, as son and heir to Sir Edmund Knyvett, knight, deceased, who, of a covetous mind, contrary to the mind and without the assent of one John Flowrdew, gentleman, who is tenant in common with him of the said manor land, of late claimed ten acres of the said twenty acres to be the demesnes of the said manor, and have prohibited your said orators to occupy the same ten acres; and because your said orators doth not leave the occupation thereof, the said Thomas Knyvett hath divers times disturbed the possession of your orators in the premises by taking of divers distresses, and now of late have taken and distrained in the said close four steers and one bull of the value of five pounds, of the goods and chattels of the said John Cullyer, one of your said orators; which the said Thomas did impound and withhold from your said orators until deliverance was made to him thereof by virtue of the King's majesty's writ of replevin; which writ of replevin is removed into the King's court of his common pleas at Westminster, by a writ of recordere facias [sic], where the said suit doth yet depend undetermined; and forasmuch as your said beseechers have no better estate in the premises but as copyholders according to the custom of the said manor, and that the court rolls of the said manor, whereby your beseechers should prove the said twenty acres to be an ancient copyhold land, do remain in the possession of the said Thomas Knyvett, and for that also that your orators be poor men and the said Thomas Knyvett a gentleman of great worship, your said poor orators be most like to lose their said land, and to be clearly without remedy in the premises, unless your lordship's favour be to them shewed in that behalf: In consideration whereof, it may please your lordship to grant the King's most gracious writ of subpoena, to be directed to the said Thomas Knyvett, commanding him by virtue thereof personally to appear before your lordship in the King's most honorable court of Chancery at a certain day, and under a certain pain, by your lordship to be appointed, then and there to answer the premises, and further to abide to such order therein as shall seem to your lordship agreeing to equity and good conscience; and your poor orators shall daily pray for the prosperous estate of your good lordships in honour long to continue.

Answer.

The answer of Thomas Knivet, esquire, to the bill of complaint of Richard Cullyer and John Cullyer, plaintiffs.

The said defendant saith, that the said bill of complaint is uncertain and untrue in itself, and insufficient in the law to be answered unto, and that the matters therein contained be untruly surmised by the said complainants to the only intent to put the said defendant to vexation, trouble and cost, and is grounded of malice, they the said complainants having no colour of right, title, nor interest unto the said land mentioned in the said bill of complaint; and he, the said defendant, to the matters contained in the same bill, doth think that he by the order of the right honorable court shall not be compelled any further to answer, but be dismissed out of the same for the insufficiency thereof, with his reasonable costs and charges by him sustained in that behalf; Yet nevertheless, if he, the said defendant, shall be compelled any further to answer to the same bill, then he, the same defendant, for further answer saith that the said land, lying in Brawyck Reading mentioned in the said bill of complaint, is and have been time out of mind parcel of the demesnes of the said moiety of the said manor of Cromwell, in Wymondham; and he, the said defendant, for further answer saith, that one Sir Edmund Knyvett, father to the said defendant, and all his ancestors of long time before him, have been seised of one estate of inheritance of the moiety of the said manor, and one-half of the said manor of Cromwell, and that the said Sir Edmund, and all his ancestors, of long time have been seised of the premises with the appurtenances as parcel of the said manor, in their demesne as of fee, and had the possession thereof, and so seised, died thereof by protestation seised; after whose death the premises descended and came and of right ought to descend and come unto the said defendant, as to the son and next heir of the said Sir Edmund, by force whereof he, the same defendant, entered into the premises, and was and is thereof seised in his demesne as of fee, and the same complainants, claiming the premises by force of a surrender made unto them, the said complainants, by one Edmund Mychell in the time of one [blank] being guardian of the said Sir Edmund, and having the custody of the body and lands of the said Sir Edmund during his minority, where nothing in right nor law can pass by the same surrender, but the same is utterly void to bind the said defendant, did enter; upon whom the said defendant did re-enter, as it was lawful for him to do, without that the said Edmund Mychell was lawfully seised in his demesne as of fee, of the lands mentioned in the said bill by copy of court roll at will of the lord according to the custom of the said manor, as in the said bill is untruly alleged, or that the said Edmund Mychell had any lawful interest in the same, or could lawfully make any good or effectual surrender of the same to the said complainants, or that the premises have been used to be demitted or be demittable by copy of court roll for term of life or lives, or in fee, to be holden at the will of the lord by copy of court roll, according to the custom of the said manor time out of mind, as in the said bill of complaint is also untruly alleged, for he, the said defendant, saith that by divers ancient precedents and court rolls ready to be shewed to your honourable court it may appear that the same hath been letten for term of years by the lords of the said manor after the time being unto them, by whom the said complainants claim; or that the same Edmund Mychell for a sum of money to him paid by Richard Cullyer, their father, did surrender the premises, as in the same bill is also untruly alleged, for he, the said defendant, saith, that he the same Edmund had no right nor lawful interest to surrender the same; and if any such surrender were, yet the said defendant saith that the same is verily void in law; or that the said complainants paid any fine for the premises, or were admitted tenants to hold at the will of the lord, as in the same bill is also untruly alleged. And if any such were, yet the same being paid unto his father's said guardian, and their admission by the said guardian, the premises being of the demesnes of the said manor, ought not in no wise to bind him; and without that any other thing mentioned in the said bill of complaint here in this answer not sufficiently confessed, and avoided, traversed, or denied, is true or material to be answered unto, all which matters the said defendant is ready to aver and prove, as this right honorable court shall award. Whereupon the said defendant prayeth to be dismissed out of this right honorable court with his reasonable costs and charges by him sustained in that behalf.

REPLICATION

The replication of Richard Cullyer and John Cullyer, to the answer of Thomas Knyvett esquire.

The said complainants by protestation that the said answer is insufficient in the law for further replication say that the said bill of complaint is certain and sufficient in the law to be answered unto, and for further replication say that the said twenty acres mentioned in the said bill is ancient copyhold land, and have been used to be demised by copy of court roll, according to the custom of the said manor of Cromwell time out of remembrance of man, as is alleged in the said bill, and say also that the said twenty acres lieth now enclosed and have lien enclosed by the space of sixty years or thereabout with other lands and tenements holden by copy of court roll of the manor of Gresshawgh in Wymondham aforesaid, which said twenty acres about the first or second year of the reign of King Henry the Seventh, before that time with other of the said lands then also enclosed did lie open as fields, and in the time of the reign of King Edward the Fourth the said twenty acres were holden, used, and occupied by copy of court roll, according to the custom of the said manor, to one Edmund Cullyer and his heirs, by the name of the third part of one enclose called Reading, being bond or customary land in Wymondham aforesaid, to hold the same to the said Edmund and his heirs by copy of court roll, at will of the lord of the said manor according to the custom of the said manor; upon which grant the said Edmund paid a fine to the lord of the said manor and was admitted tenant thereof, by force whereof the said Edmund Cullyer was seised of the said twenty acres in his demesne as of fee by copy of court roll at will of the lord of the said manor, according to the custom of the said manor, and the said Edmund so being seised of the said twenty acres, the same did surrender according to the custom of the said manor to one Thomas Plomer and his heirs, by virtue whereof the said Thomas Plomer was admitted tenant of the said twenty acres, according to the custom of the said manor, and was seised of the said twenty acres in his demesne as of fee according to the custom of the said manor, and paid the accustomable fine thereof for the same to the lord of the said manor, and did the other services and paid the rents thereof according to the custom of the said manor; and the said Thomas Plomer so being seised of the said twenty acres the same did surrender according to the custom of the said manor to the said Edmund Mychell named in the said bill, by virtue whereof the said Edmund Mychell was lawfully admitted tenant to the premises, according to the custom of the said manor, and was seised thereof in his demesne as of fee according to the said custom, and paid the accustomable fine for the same to the lord of the said manor, and did the services and paid also the rents thereof accordingly, and the said Edmund Mychell so being seised of the premises according to the custom of the said manor, the same according to the said custom did surrender to the said complainants, as is alleged in the said bill; by virtue whereof the said complainants were admitted tenants of the premises and paid the fine thereof, and have done all services, and paid the rents and customs pertaining thereto, according to the custom of the said manor of Cromwell, and hath bestowed great costs upon the same, whereby the said twenty acres be much better than they were at such time as the said complainants were admitted tenants thereto, as in the said bill it is further alleged. And the said complainants do further reply and say in all and everything as they before in their said bill have said, without that,[255] that the said land lying in Brawicke Reading mentioned in the said bill is and have been time out of mind of man parcel of demesnes of the moiety of the said manor of Cromwell, or that the said Sir Edmund had the possession of the said twenty acres, or were seised thereof, otherwise than by the payment of the rents of the same by the said complainants and others, that did hold the same by copy of the said Sir Edmund; and without that the said Sir Edmund died seised thereof, or that the same did descend to the said defendant as demesnes of the said manor discharged of the said tenure, by copy of court roll according to the custom of the said manor; for the said complainants say that the said Sir Edmund during all his life did permit and suffer the said complainants to enjoy the premises according to the custom of the said manor, without let or gainsaying, which the said Sir Edmund would not have done if the said complainants had not had a just right and title to have had the same; without that, that the said complainants did claim the premises only by a surrender made to the said Mychell by the guardian of the said Sir Edmund during his minority, or that the surrender made by the said Mychell during the minority of the said Sir Edmund is void by the law or that the law is that nothing can pass by a surrender made during the said minority, or that a surrender made then is void, or that the premises have been letten for years as is alleged in the said bill; and the said complainants for replication do reply and say in all and every thing, matter, and sentence as they before in their said bill have said; without that, that any other things in this replication not sufficiently replied unto, denied, traversed, or confessed and avoided is true, all which matters the said complainants are ready to verify as this honorable court will award, and pray as they before have prayed.

[Footnote 255: i.e. Not admitting.]

4. PETITION IN CHANCERY FOR PROTECTION AGAINST BREACH OF MANORIAL CUSTOMS [R.O. Chancery Proceedings; Series II, Bundle 196, No. 25], 1568.

To the right honorable Sir Nicholas Bacon, knight, Lord Keeper of the Great Seal of England.

In most humble wise sheweth and complaineth to your good Lordship your daily orators John Wyat, John Blake, John Whittington, Thomas Knight, Thomas Ellis, Thomas Moris, Richard Cooke, Symon Lucas, and Richard Blake, with divers other poor men to the number of forty, customary tenants of the manor of Slindon in the County of Sussex.[period? or comma?] That where they and their ancestors and those whose estate they have in the said customary tenements, parcel of the said manor (time out of memory of man) have been seised to them and to their heirs for ever according to the custom of the said manor, all and every which customs of late one Anthony Kempe esquire, lord of the said manor, hath diversely, contrary to conscience and equity, devised and imagined by divers indirect means to break, annihilate, and infringe, and your said orators hath diversely vexed and troubled by the order of the common laws and menaceth to expel your said orators out of their several tenements unless they will pay other customs and services than they of right ought to do by the customs of the said manor. For where by the custom of the said manor your Lordship's said orators and those whose estate they or any of them have in the premises, have been lawfully and quietly seised of the said tenements customary in their demesne as of fee according to the custom of the said manor for the several services thereupon due and accustomed, clearly discharged of all day works, licences of marriage or fines for the same, and having always free liberty to let all and singular the premises aforesaid without any licence beforehand to be obtained of the lords of the said manor for the time being, neither have further at any time done any manner of services whatsoever out of the said manor: And also where after the death of every of the said customary tenants, having a whole yardland, there hath been due for heriot only the best beast, and if such have no beast, then 10s. in money only; and after the death of every tenant holding half a yardland 6s. 8d. for relief only, and after the death of every cottager 6d. only, and at every alienation of a yardland 10s. in money, and at every alienation of a half yardland 6s. 8d. in money, and at the alienation of every cottage 6d., and at the death and alienation of every tenant one whole year's rent only for and in the name of a fine, over and besides the only heriot or relief aforesaid, and suit of court and other services in this bill specified: And where by the further custom of the said manor the lords of the said manor for the time being by the custom of the said manor should make no seizure or forfeiture for waste done in their cottages customary, unless the same be severally presented at the several Courts to be holden one half year after another, and the same yet then not reformed within one month after; And where the cutting down of any the woods standing and growing upon their several tenements customary for house-bote, fire-bote, plough-bote, cart-bote, gate-bote and hedge-bote, and such like hath not heretofore been taken for waste but always as lawful to do by the custom of the said manor; And where also by the further custom of the said manor, where any forfeiture is committed, perpetrated or done for any offence whatsoever whereby there is given cause of seizure and forfeiture to the lord of the manor for the time being, yet by the custom of the same manor, the said forfeiture notwithstanding, they to whom the same so forfeited should descend, remain, come, or grow after the death of such tenant so offending, should and may lawfully claim all and singular such tenements so forfeited or seized after the death of such offender, as though no such forfeiture had been made; And where by the custom of the said manor all and every the tenants of the said manor should and ought to have from time to time in the woods of the lord of the said manor sufficient timber for reparations of their said tenements customary at the assignment of the lord or his officers, and if the lord the same refuse to do upon reasonable request being thereof made to the said lord or his steward of his court for the time being, if then their said tenements decay, or fall down in default of reparations, there shall nor ought any forfeiture or seizure to be made for any such waste; And where the widows of the tenants customary of the said manor should and ought by the custom of the said manor have their widow's estate for one penny only; And where by their further custom the eldest son, brother or next cousin, male or female, should inherit and have the said customaries and after the decease of their ancestors only; And where by the custom of the said manor it is lawful for the said tenants as aforesaid to assign and demise the several tenements for years to any person or persons at their will and pleasure, yet nevertheless by the custom of the said manor it hath been lawful for the lord of the said manor misliking the said undertenant upon one year's warning to expel and put out such tenant, after which it shall be lawful for the said tenants that so did demise or let their tenements to re-enter and the same to enjoy as before, and after to let the same as before to any person or persons in manner and form aforesaid, until such person shall be by the lord misliked and expulsed as aforesaid; And where by the further custom of the said manor the said tenants and every of them and their heirs and assigns should and ought to have the masting of their own hogs in the time of mast in the north woods of the said manor of Slindon, and likewise the pasturing of their cattle and sheep in the said woods and in all other the lord's commons of the said manor, paying for the ovissing[256] and masting of every hog 2d. only; And whereas by the further custom of the said manor the tenants aforesaid have and may at their will and pleasure surrender into the hands of two tenants of the said manor out of the court, or into the hands of the lord or his steward in the court, to the use of any person or person of such estate as they shall declare and limit upon the said surrender, yet nevertheless by the custom of the said manor it is not lawful for any tenant of the said manor to convey, surrender or alienate any one part, parcel or piece of their tenement customary, unless he give and surrender the whole to the use of one only person in possession; And where the youngest tenant of any customary tenement for the time being ought to be crier in the lord's court by the custom of the said manor: All which customs are not only to be proved to be the old and ancient customs of the said manor, but also now of late the said Anthony Kempe hath by his deed indented declared the same to be true in manner and form as it is before alleged; And where by the said Indenture the said Anthony Kempe hath further, for and in consideration of a further and a new rent of eight pounds to him granted, and for and in consideration of twenty pounds to him paid, and for and in consideration to make a perpetual and final end of all controversies heretofore moved and after to be moved, doth further covenant and grant in the said indenture that it shall be lawful for the customary tenants and copyholders of the said manor to enclose, and sever, and severally to hold to them and to their heirs and assigns forever six score acres of land, parcel of the wastes of the lords of the said manor, wherein they now have common, in such place convenient to be limited before the feast of Easter next coming, by consent of two persons to be named by the said Anthony Kempe and two other persons by the said tenants; All the which premises notwithstanding, the said Anthony Kempe doth against all conscience utterly deny unto your Lordship's said orators their said customs and the aforesaid further agreement according to the said indenture, and doth daily vex your said orators quietly to have and enjoy their said customary tenants [sic] with their appurtenances according to the customs aforesaid. May it therefore please your good lordship the premises favourably tendering to grant the Queen's Majesty's writ of subpoena to be directed to the said Anthony Kempe commanding him thereby personally to appear in this honourable Court at a day certain in the said writ of subpoena mentioned, then and there upon his corporal oath to answer to the premises and to abide such order therein as to your Lordship shall upon the truth of the matter appearing seem according to equity; and your said poor orators shall daily pray to God for the continual preservation of your honor.

EDWARD FENNER.

[Footnote 256: i.e. Pasturing.]

5. LEASE[257] OF THE MANOR OF ABLODE TO A FARMER [_Rolls Series. Historia et Cartularium Monasterii Gloucestriæ, Vol. III, pp. 291-5_], 1516.

This indenture made on the 5th day of October in the seventh year of King Henry VIII between William ... Abbot of St. Peter ... of the one part and Richard Cockes and Catharine his wife ... and William and John, sons of the said Richard and Catharine, of the other part, witnesseth, that the aforesaid Abbot and Convent ... have leased, demised, and to farm let to Richard, Catharine, William, and John, the site of their Manor of Ablode, situated in the county of Gloucester, with all its houses, buildings, arable lands, meadows, feedings and pastures, dovecotes, weir, waters, fishpools, and rabbit warrens, with all and everything thereto pertaining. And the said abbot and convent have leased to the aforesaid ... divers goods and chattels, moveable, and immoveable, pertaining to the said manor. ... Moreover the said abbot and convent have leased to the said ... 320 sheep remaining for stock on the said manor, priced per head at 16d., which amounts in all to the sum of 21l. 6s. 8d., together with their meadows, pastures and all easements ... needed for the support of the said sheep.... Furthermore the said abbot and convent have leased to the aforesaid ... divers lands and demesne meadows belonging to the said manor, when the reversion thereof shall in any way have occurred, which lands and demesne meadows are now occupied by the customary tenants of the lord, as is plain from the rental drawn on the back of the present indenture.... And it shall be lawful for the aforesaid Richard, Catharine, William and John, or any of them to introduce at their pleasure new tenants on all those demesne lands aforesaid, now in the hands of the tenants there, whenever the aforesaid reversion shall have fallen in.

[Footnote 257: The most interesting clauses in the lease are (a) that which relates to the leasing of the stock of the manor ("Stock and land lease"); (b) the last, which shows how the practice of leasing a manor to one large farmer replaced the earlier practice of leasing parts of it to numerous small tenants.]

6. LEASE OF THE MANOR OF SOUTH NEWTON TO A FARMER [Roxburghe Club, Surveys of the lands belonging to William Earl of Pembroke], 1568.

John Rabbett holds to himself and his assigns, by an indenture dated November 28 in the fourth year of Elizabeth, at a fine of £120, the whole site of the farm of the Manor of South Newton in the county of Wilts., all its demesne lands, meadows, marshes, pastures, commons, fisheries, and the customary works of the tenants in South Newton, Stovord, and Childhampton, with all and singular their appurtenances in the above-mentioned South Newton belonging to the site and the farm or of old demised to farm with the above-mentioned site, as fully as Lewis ap Jevan had and occupied it, and also one virgate of land and one ham of meadow, lying in the afore-mentioned South Newton, called the Parson's yardland and ham with a sheep pasture, ... excepted and altogether reserved to the lord and his heirs the advowson of the vicarage there; the said John Rabbett and his assigns to have and to hold the aforesaid ... from Michaelmas before this indenture for the full term of 21 years, paying thence yearly to the lord for the aforesaid farm and site with its appurtenances

per bs. 12d. 4l. 10 quarters of wheat prec. cap. 4d. 6s. 8d. 20 capons,

per bs. 8d. 106s. 8d. 29 quarters of barley, prec. cap. 4d. 6s. 8d. 20 pigeons,

per bs. 3d. 26s. 8d. [sic] 10 quarters of oats prec. cap. 4d. 4s. 12 great fish called great Trouts.

and for the aforesaid virgate of land ... 13s. at the usual terms, with all other clauses and agreements, as is set forth at length in the indenture placed in the register. And be it known that the grain, capons, and pigeons and fish are valued at the rate written above the head of each kind. And there belong to the farm of arable land 55 acres in Middlefield, 60 acres in Westfield, and 60 acres in Eastfield, and one meadow called Long Ham lying in a close and containing 11-1/2 acres, and the cropping of one meadow called Duttenham lying in the west part of Wishford containing 10-1/2 acres, one meadow called Beymeade containing 4-1/2 acres lying on the north-west side of South Newton, and one curtilage near the barn containing 2 acres, and a hill called the Down estimated to contain 100 acres, and it is able to keep 500 sheep, 36 cattle, and 12 horses. And there belong to the aforesaid virgate of land, called the Parson's Yardland, of arable land in Southfield 6-1/2 acres, in Middlefield 8-1/2 acres, in Northfield 6 acres, and one ham of meadow, pasture for 10 cows, 1 bull, and 120 sheep with the farmer, 14s.

4l. Wheat 10 qrs. 106s. 8d. Barley 20 qrs. 26s. 8d. Oats 10 qrs. 6s. 8d. Capons 20. 6s. 8d. Pigeons 20. 4s. Fish 12.

7. THE AGRARIAN PROGRAMME OF THE PILGRIMAGE OF GRACE [Gairdner, Letters and Papers, Hen. VIII, Vol. xi, 1246], 1536.

9. That the lands in Westmoreland, Cumberland, Dent, Sedbergh, Furness, and the abbey lands in Mashamshire, Kyrkbyshire, Notherdale, may be by tenant right, and the Lords to have, at every change, 2 years rent for gressum, according to the grant now made by the Lords to the Commons there. This is to be done by Act of Parliament.

13. The statute for enclosures and intacks to be put in execution, and all enclosures and intacks since 4 Hen. VII to be pulled down, except mountains, forests, and parks.

8. THE DEMANDS OF THE REBELS LED BY KET [Harl. MSS. 304, f. 75. Printed by Russell, Ket's Rebellion in Norfolk, p. 48], 1549.

We pray your grace that where it is enacted for enclosing that it be not hurtful to such as have enclosed saffron grounds, for they be greatly chargeable to them, and that from henceforth no man shall enclose any more.[258]

We certify your grace that whereas the lords of the manors hath been charged with certe free rent, the same lords hath sought means to charge the freeholders to pay the same rent, contrary to right.

We pray your grace that no lord of no manor shall common upon the commons.

We pray that priests from henceforth shall purchase no lands neither free nor Bondy, and the lands that they have in possession may be letten to temporal men, as they were in the first year of the reign of King Henry the VII.

We pray that reed ground and meadow ground may be at such price as they were in the first year of King Henry the VII.

We pray that all marshes that are holden of the King's Majesty by free rent or of any other, may be again at the price that they were in the first year of King Henry VII.

We pray that all bushels within your realm be of one stice, that is to say, to be in measure viii gallons.

We pray that [priests] or vicars that be [not able] to preach and set forth the word of God to his parishioners may be thereby put from his benefice, and the parishioners there to choose another, or else the patron or lord of the town.

We pray that the payments of castleward rent, and blanch farm and office lands, which hath been accustomed to be gathered of the tenements, whereas we suppose the lords ought to pay the same to their bailiffs for their rents gathering, and not the tenants.

We pray that no man under the degree of a knight or esquire keep a dove house, except it hath been of an old ancient custom.

We pray that all freeholders and copyholders may take the profits of all commons, and there to common, and the lords not to common nor take profits of the same.

We pray that no feodary within your shires shall be a councillor to any man in his office making, whereby the King may be truly served, so that a man being of good conscience may be yearly chosen to the same office by the commons of the same shire.

We pray your grace to take all liberty of let into your own hands whereby all men may quietly enjoy their commons with all profits.

We pray that copyhold land that is unreasonably rented may go as it did in the first year of King Henry VII, and that at the death of a tenant or at a sale the same lands to be charged with an easy fine as a capon or a reasonable [sum] of money for a remembrance.

We pray that no priest [shall be chaplain] nor no other officer to any man of honour or worship, but only to be resident upon their benefices whereby their parishioners may be instructed with the laws of God.

We pray that all bond men may be made free, for God made all free with his precious blood-shedding.

We pray that rivers may be free and common to all men for fishing and passage.

We pray that no man shall be put by your escheator and feodary to find any office unless he holdeth of your Grace in chief or capite above xl.l by year.

We pray that the poor mariners or fishermen may have the whole profits of their fishings as porpoises, grampuses, whales or any great fish, so it be not prejudicial to your Grace.

We pray that every proprietary parson or vicar having a benefice of xv.l or more by year shall either by themselves or by some other person teach poor men's children of their parish the book called the catechism and the primer.

We pray that it be not lawful to the lords of any manor to purchase lands freely and to let them out again by copy of court roll to their great advancement and to the undoing of your poor subjects.

We pray that no proprietary parson or vicar, in consideration of avoiding trouble and suit between them and their poor parishioners which they daily do precede and attempt, shall from henceforth take for the full contentation [i.e. satisfaction] of all the tenths which now they do receive but viiid of the noble in the full discharge of all other tithes.

We pray that no man under the degree of [blank] shall keep any conies upon any of their own freehold or copyhold unless he pale them in so that it shall not be to the commons' nuisance.

We pray that no person, of what estate, degree or condition he be, shall from henceforth sell the wardship of any child, but that the same child if he live to his full age shall be at his own chosen concerning his marriage, the King's wards only except.

We pray that no manner of person having a manor of his own shall be no other lord's bailiff but only his own.

We pray that no lord knight nor gentleman shall have or take in farm any spiritual promotion.

We pray that your Grace to give license and authority by your gracious commission under your great seal to such commissioners as your poor commons hath chosen, or as many of them as your Majesty and your council shall appoint and think meet, for to redress and reform all such good laws, statutes, proclamations, and all other your proceedings, which hath been hidden by your justices of your peace, sheriffs, escheators, and other your officers from your poor commons, since the first year of the reign of your noble grandfather King Henry VII.

We pray that those your officers that hath offended your Grace and your commons, and so proved by the complaint of your poor commons, do give unto these poor men so assembled iiijd. every day so long as they have remained there.

We pray that no lord, knight, esquire nor gentleman do graze nor feed any bullocks or sheep if he may spend forty pounds a year by his lands, but only for the provision of his house.

By me, Robt. Kett. " " Thomas Aldryche.

Thomas Cod.

[Footnote 258: Some doubt has been expressed as to the interpretation of these words. They should probably be read as referring to enclosures made not by lords or by large farmers, but by the peasants themselves. The rebels point out that a considerable number of people have spent capital on hedging and ditching their lands for the better cultivation of saffron, and therefore ask that, while other enclosures should be pulled down, a special exception may be made in favour of this particular kind of enclosure.]

9. PETITION TO COURT OF REQUESTS FROM TENANTS RUINED BY TRANSFERENCE OF A MONASTIC ESTATE TO LAY HANDS[259] [_R.O. Requests Proceedings, Bundle 23, No. 13_], 1553.

Inhabitants of Whitby v. York.

To [the] Queen's Highness our most dread Sovereign Lady and to her most honorable Council.

1553. Lamentably complaining sheweth unto your Highness and to ... Council your poor obedient subjects and daily orators, poor husbandmen the ... of Halkesgarthe and Senseker in Whitby Strand in the County of York, that the said inhabitants, late being tenants of the dissolved Monastery of Whitby [afore]said, after it was come into the hands of our late sovereign lord King Henry ... and after that it did come to the hands and possession of the late Duke of Northumb[erland] and of late purchased of him by one Sir John Yorke, knight, who is now in possession of the premises; which said Sir John Yorke hath lately been there and kept court on the said premises at two sundry times; which said Sir John Yorke of his extort power and might, and by great and sore threatenings of the said tenants and inhabitants there, and by other means, hath gotten from them all the leases [that were in their] custodies and possession, and unreasonably hath raised and ... rents and excessively hath gressomed, fined, pilled and ... maketh inquiry all about for your poor orators with great ... do suppose if he could find them, he would lay the ... because they should not be able to exhibit this their bill of c[omplaint] ... and your said Council, how he hath fined them and raised ... and yearly rents, if your said orators should still bear and pay, appear by a bill hereunto annexed your orators hands or marks thereto ... of the old [rents] the [ne]w by them ... to be paid unto the said Sir John Yorke ... thereby shall be utterly undone in this world ... favour, help and succour with speedy [remedy] ... consideration of the premises and forasmuch as your said orators and ancestors of your said poor orators have holden and enjoyed the premises according to the old ancient custom, old rents and old fines, as hereunder it may plainly appear, without enhancing, or raising, without vexation or trouble, and in consideration also that the said Sir John Yorke is a man of power and might, lands, goods, and possessions ... greatly friended, and your poor orators being sore afraid to be imprisoned by him, and also very poor men, and not able to sue against him, nor hath no remedy but only to sue ... Majesty of your most gracious goodness ... said Council, to call before your Majesty and your said C[ouncil] ... and to take order in the premises, that your poor orators according to justice, right, and good conscience may peaceably enjoy all the premises, paying their old accustomed rents and fines, according as they and their ancestors have done, time out of mind of man. And your said poor orators shall daily pray to God for the prosperous preservation of your Majesty in your most Royal Estate long to reign, and for your most honourable Council long to continue.

Endorsed....

21 October

The tenants and inhabitants of Senseker and Halkesgarthe in Whitby Strand in the County of York desire to have Sir John Yorke called before the Council and to take order that your orators may have....

The Names of the tenants of Halkesgarthe and Senseker.

The old The new And the rent. rent. fine. First John Coward 24s. 3l. 16d. 33s. 4d. From Henry Russell 42s. 11-1/2d. 4l. 7s. 3d. 3l. 6s. 8d. From Elisabeth Postgate, widow 18s. 10d. 41s. 5d. 18s. From Thomas Robynson 12s. 11-1/2d. 40s. 7d. 33s. 4d. From John Robynson 10s. 2d. 33s. 4d. 33s. 4d. From James Browne 16s. 1d. 36s. 10d. 24s. 6d. From Robert Lyne 16s. 4d. 33s. 10d. 13s. 4d. From John Nattris 7s. 8d. 15s. 10s. From Robert Stor 23s. 5d. 50s. 2d. 15s From Thomas Coward 14s. 9d. 31s. 2s. 6d. From Thomas Hodshon 20s. 5d. 50s. 8d. 24s. From William Walker 7s. 3d. 17s. 5s. From Henry Tomson 11s. 3-1/2d. From Henry Coverdaill 15s. 36s. 11s. 8d. From Nicholas Grame 22s. 6d. 46s. 8d. 3s. From William Postgate 28s. 7d. 3l. 6s. 8d. 23s. 6d. From William Brown 13s. 4d. 26s. 8d. 24s.10d. From Robert Jefrayson 14s. 30s. 3s. 4d. From William Bois and Robert Jefrayson 34s. 8d. 3l. 6s. 8d. 13s. 4d. From Robert Barker 14s. 6d. 30s. 2s. 8d. From Christofer Jefrayson 10s. 8d. 26s. 8d. 3s. 4d. From Richard Colson and Isabell Colson, widow 31s. 3l. 2s. From Robert Sutton and Kateryn Sutton, widow 23s. 4d. 53s. 4d. 36s. 8d. From Thomas Postgate, younger, and Henry Russell 27s. 6d. 3l. 6s. 8d. 37s. From Thomas Postgate the elder, Suthwait house 18s. 3d. 46s. 8d. 23s. 4d. From Robert Huntrodes 50s. 2d. 5l. 16s. 8d. 7s.

At Lammas last past my Lady Yorke at Whitby earnestly demanded of the said Robert Michaelmas farm before hand, insomuch he durst not hold it but paid it to her, the sum

of 58s. 4d.

From William Jakson, likewise paid 20s. for his farm afore hand.

From Maryon Huntrodes, widow 50s. 2d. 5l. 16s. 8d. 7s. Sum:-- Sum:-- Sum:-- 28l. 19s. 8-1/2d. 64l. 9s. 9d. 23l. 15s. 8d.

[Endorsed.] Bill versus Yorke. Orders and Decrees. 24th day of October in the first year of the reign of Queen Mary.

Be it remembered that the cause brought afore the Queen's Council in Her Majesty's Court of Requests at the suit as well of Robert Stor as William Poskett and William Browne, tenants to Sir John Yorke, knight, in the Lordship of Whitby in the County of York, is now ordered by the said Council by the agreement of the said Sir John, who hath promised that the said parties afore named, and every of them, shall have and quietly enjoy their tenements and holds during the years and terms in their leases and copies yet enduring, paying their rents and farms accustomed without any interruption to the contrary or any other by him or in his name or procurement.

[Footnote 259: This document, though very imperfect, is interesting as illustrating (a) the land speculation which followed the dissolution of the monasteries, (b) the rack-renting of tenants which such speculation naturally produced.]

10. PETITION TO COURT OF REQUESTS TO STAY PROCEEDINGS AGAINST TENANTS PENDING THE HEARING OF THEIR CASE BEFORE THE COUNCIL OF THE NORTH [R.O. Requests Proceedings. Bundle III, No. 24], 1576.

To the Queen's most excellent Majesty.

In most humble wise sheweth unto your Majesty your poor subject Thomas Langhorne, and other the inhabitants and residents of the lordship of Thornthwaite in your county of Westmoreland, that whereas your suppliant and other of the inhabitants and residents of the lordship aforesaid, and their ancestors time out of memory of man, have quietly had and enjoyed from heir to heir according to their ancient custom in consideration of their service to be in readiness with horse,[260] harness and other furniture to serve your Majesty at their own costs and charges in defence of your realm against the Scots, which custom hath been sufficiently approved and allowed before your Majesty's President and Council at York, as by a decree ready to be shewed more at large it may appear. But so it is, and if it please your Majesty, that Sir Henry Curwyn, knight, lord of the lordship aforesaid, hath since the beginning of your Majesty's reign expelled out of one piece of Shapps parish within the said lordship, where there was but thirteen tenants, twelve of them he hath expelled and taken their land from them and enclosed it into his demesnes, whereby your Majesty's service for the same is utterly taken away: and also the said Sir Henry Curwyn, lord of the lordship aforesaid, hath of late surrendered over the same lordship to Nicholas Curwyn, gentleman, his son and heir, which Sir Henry and Nicholas do excessively fine the poor tenants and specially your orator, who was forced to pay them for the fine of his tenement, being but 13s. 10d. by year, 31l. 6s. 8d., and was admitted tenant to the said Nicholas Curwyn, who notwithstanding hath contrary to all right and conscience granted a lease of your subject's tenement to one Henry Curwyn, servant to the same Nicholas, in the nature of an ejection firm[261] here at the common law, and hath by your Majesty's writ arrested your orator to appear in your Highness' Bench at Westminster to the utter undoing of your said poor subject, his wife and five children for ever, being not able to defend his rightful cause: May it therefore please your most excellent Majesty that order may be set down by your Majesty and your most honourable council that none of the lordship aforesaid may be expelled out and from their tenant rights until their said custom shall be tried and examined before the Lord President of York for the time being, and that your Majesty's said subject may not be constrained to answer any suit here at the Common Law concerning their tenant right. And your said orators shall according to their bounden duties pray to God for the preservation of your most Royal Majesty long to live and reign over us.

[Endorsed.] 18 May, 1586.

Your humble subject Thomas Langhorne, one of the tenants of the lordship of Thornthwaite in the county of Westmoreland, being molested in their tenant right by one Henry Curwyn, servant unto Nicholas Curwyn, lord of the said manor, desire most humbly that all actions at the Common Laws here at Westminster might be stayed and the full hearing of the matter reserved to the Lord President at York.

25 May, 18 Elizabeth. Writ of injunction granted, as appears, etc.

[Footnote 260: For this form of customary tenure, "border tenure," see Northumberland County History, passim.]

[Footnote 261: i.e. an ejectio firmae, an action of ejectment. See Pollock and Maitland, History of English Law. Vol. II. p. 109.]

11. PETITION FROM FREEHOLDERS OF WOOTTON BASSETT FOR RESTORATION OF RIGHTS OF COMMON [Topographer and Genealogist, Vol. III], temp. Charles I.

To the Right Honourable House of Parliament now assembled, the humble petition of the Mayor and Free Tenants of the Borough of Wootton Basset in the County of Wilts.

Humbly showeth to this Honourable House, That whereas the Mayor and Free Tenants of the said Borough, by relation of our ancient predecessors, had and did hold unto them free common of pasture for the feeding of all sorts of other beasts, as cows, etc., without stint, be they never so many, in and through Eastern Great Park, which said park contained by estimation 2000 acres of ground or upwards; and in the second and third year of the reign of King Philip and Queen Mary the manor of Wootton Basset aforesaid came by patent into the hands and possession of one Sir Francis Englefield, knight, who, in short time after he was thereof possessed, did enclose the said park; and in consideration of the common of pasture that the free tenants of the borough had in the said park did grant, condescend and lease out unto the said free tenants of the said borough to use as common amongst them that parcel of the said Great Park which formerly was and now is called by the name of Wootton Lawnd, which was but a small portion to that privilege which they had before it, [and] doth not contain by estimation above 100 acres; but the free tenants being therewith contented, the mayor and free tenants did equally stint the said ground or common, as followeth:--that is to say to the mayor of the town for the time being two cows feeding, and to the constable one cow feeding, and to every inhabitant of the said borough, each and every of them, one cow feeding and no more, as well the poor as the rich, and every one to make and maintain a certain parcel or bound set forth to every person; and ever after that inclosure for the space of fifty and six years or thereabouts any messuage, burgage or tenement that was bought or sold within the said borough did always buy and sell the said cows-leaze together with the said messuage or burgage as part member of the same, as doth and may appear by divers deeds which are yet to be seen; and about which time, as we are informed and do verily believe, that Sir Francis Englefield, heir of the aforesaid Sir Francis Englefield, did by some means gain the charter of our town into his hands, and as lately we have heard his successor now keepeth it; and we do believe that at the same time he did likewise gain the deed of the said common, and he thereby knowing that the town had nothing to show for their rights of common but by prescription, did begin suits in law with the said free tenants for their common, and did vex them with so many suits in law for the space of seven or eight years at the least, and never suffer anyone to come to trial in all that space, but did divers times attempt to gain his possession thereof by putting in of divers sorts of cattle, in so much that at length, when his servants did put in cows by force into the said common, many times and present upon the putting of them in, the Lord in his mercy did send thunder and lightning from heaven, which did make the cattle of the said Francis Englefield to run so violent out of the said ground that at one time one of the beasts was killed therewith; and it was so often that people that were not there in presence to see it, when it thundered, would say Sir Francis Englefield's men were putting in their cattle into the Lawnd, and so it was, and as soon as those cattle were gone forth it would presently be very calm and fair, and the cattle of the town would never stir but follow their feeding as at other times, and never offer to move out of the way but did follow their feeding. And this did continue so long, he being too powerful for them, that the said free tenants were not able to wage law any longer; for one John Rous, one of the free tenants, was thereby enforced to sell all his land (to the value of £500) with following the suits in law, and many others were thereby impoverished and were thereby forced to yield up their right and take a lease of their said common of the said Sir Francis Englefield for term of his life. And the said mayor and free tenants hath now lost their right of common in the said Lawnd near about twenty years, which this Sir Francis Englefield, his heirs and his trustees, now detaineth from them. Likewise the said Sir Francis Englefield hath taken away their shops or shambles standing in the middle of the street in the market-place from the town, and hath given them to a stranger that liveth not in the town.... And he hath altered and doth seek ways and means to take the election of the mayor of our town to himself; for whereas the mayor is chosen at the law-day and the jury did ever make choice of two men of the town and the lord of the manor was to appoint one of them to serve, which the lord of the manor refused, and caused one to stay in two years together divers times, which is a breach of our custom.

And as for our common we do verily believe that no corporation in England so much is wronged as we are. For we are put out of all the common that ever we had and have not so much as one foot of common left unto us, nor never shall have any. We are thereby grown so in poverty, unless it please God to move the hearts of this Honourable House to commiserate our cause, and to enact something for us, that we may enjoy our right again. And your orators shall be ever bound to pray for your health and prosperity to the Lord.

[here follow 23 signatures.]

Divers hands more we might have had, but that many of them doth rent bargains of the lord of the manor, and they are fearful that they shall be put forth of their bargains; and then they shall not tell how to live. Otherwise they would have set to their hands.

12. PETITION TO CROWN OF COPYHOLDERS OF NORTH WHEATLEY [S.P.D. Charles I, Vol. 151, No. 38], 1629.

To the King's most Excellent Majesty.

The humble petition of your Majesty's poor and distressed tenants of your manor of North Wheatley in the county of Nottingham belonging to your Majesty's Duchy of Lancaster.

Most humbly shewing: That your poor subjects have time out of mind been copyholders of lands of inheritance to them and their heirs for ever of the manor aforesaid, and paid for every oxgang of land xvis. viiid. rent, and paid heretofore upon every alienation xiid. for every oxgang, but now of late, about 4_o_ Jacobi by an order of the Duchy Court they pay xis. vid. upon every alienation for every acre, which amounteth now to 45s. an oxgang.

And whereas some of your tenants of the said manor have heretofore held and do now hold certain oxgangs of lands belonging to the said manor by copy from 21 years to 21 years, and have paid for the same upon every copy 2s., and for every oxgang 16s. 8d. per annum, they now of late, by an order in the Duchy Court, hold the same by lease under the Duchy Seal, and pay 6l. 13s. 4d. for a fine upon every lease and 16s. 8d. rent with an increase of 6s. 8d. more towards your Majesty's provision.

And whereas in 11_o_ Edw. 4_i_, your petitioners did by copy of court roll hold the demesnes of the said manor for term of years at 9l. 6s. 8d. per annum, they afterwards in 6_o_ Eliz. held the same demesnes by lease under the seal of the Duchy for 21 years, at the like rent. And ten years before their lease was expired, they employed one Mr. Markham in trust to get their lease renewed, who procured a new lease of the demesnes in his own name for 21 years at the old rent, and afterwards, contrary to the trust committed to him, increased and raised the rent thereof upon the tenants to his own private benefit to 56l. per annum.

And whereas the woods belonging to the said manor hath within the memory of man been the only common belonging to the said town, paying yearly for the herbage and pannage thereof 6s. 8d., they now also hold the same under the Duchy Seal at 16l. 16s. 2d. per annum.

And whereas the court rolls and records of the said manor have always heretofore been kept under several locks and keys, whereof your Majesty's stewards have kept one key and your Majesty's tenants (in regard it concerned their particular inheritances) have kept another key; but now they are at the pleasure of the stewards and officers transported from place to place, and the now purchasers do demand the custody of them, which may be most prejudicial to your Majesty's poor tenants.

Now forasmuch as your Majesty hath been pleased to sell the said manor unto the City of London, who have sold the same unto Mr. John Cartwright and Mr. Tho. Brudnell, gent.: and for that your petitioners and tenants there (being in number two hundred poor men, and there being 11 of your Majesty's tenants there, that bear arms for the defence of your Majesty's realm, and 12 that pay your Majesty subsidies, fifteens, and loans) are all now like to be utterly undone, in case the said Mr. Cartwright and Mr. Brudnell should (as they say they will) take away from your tenants the said demesnes and woods after the expiration of their leases, and that your poor tenants should be left to the wills of the purchasers for their fines, or that the records and court rolls should not be kept as in former times in some private place, where the purchasers and tenants may both have the custody and view of them as occasion shall serve;

May it therefore please your sacred Majesty that such order may be taken in the premises for the relief of your poor tenants of the manor aforesaid, that they may not be dispossessed of the demesnes and leases, and that they may know the certainty of their fines for the copyhold, demesnes and leases, and may have the court rolls and records safely kept as formerly they have been, and that your Majesty will be further pleased to refer the consideration, hearing, ordering and determination of the premises unto such noblemen, or other four gentlemen of esteem in the country, whom your Majesty shall be pleased to appoint, that are neighbours unto your tenants, and do best know their estate and grievances. That they or any two or three of them may take such order, and so settle the business between the purchasers and your poor tenants, as they in their wisdom and discretion shall judge to be reasonable and fitting, or to certify your Majesty how they find the same and in whose default it is they cannot determine thereof. And your poor tenants as in all humble duty bound will daily pray for your Majesty.

Whitehall, this 10th of November, 1629.

His Majesty is graciously pleased to refer the consideration of this request to the commissioners for sale of his lands, that upon the report unto his Majesty of their opinion and advice his Majesty may give further order therein.

DORCHESTER.

13. AN ACT AVOIDING PULLING DOWN OF TOWNS [7 Hen. VIII, c. 1. Statutes of the Realm, Vol. III, pp. 176-7], 1515.

The King our Sovereign Lord calling to his most blessed remembrance that where great inconveniences be and daily increase by dislocation, pulling down, and destruction of houses and towns within this realm, and laying to pasture lands which customably have been manured and occupied with tillage and husbandry, whereby idleness doth increase, for where in some one town 200 persons, men and women and children, and their ancestors out of time of mind, were daily occupied and lived by sowing corn and grains, breeding of cattle, and other increase necessary for man's sustenance, and now the said persons and their progenies be minished and decreased, whereby the husbandry which is the greatest commodity of this realm for sustenance of man is greatly decayed, Churches destroyed, the service of God withdrawn, Christian people there buried not prayed for, the patrons and curates wronged, cities, market towns brought to great ruin and decay, necessaries for man's sustenance made scarce and dear, the people sore minished in the realm, whereby the power and defence thereof is enfeebled and impaired, to the high displeasure of God and against his laws and to the subversion of the common weal of this realm and dislocation of the same, if substantial and speedy remedy be not thereof provided; wherefore the King our Sovereign Lord, by the advice and assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, ordaineth, stablisheth and enacteth, that all such towns, villages, boroughs and hamlets, tything houses and other habitations in any parish or parishes within this realm, whereof the more part the first day of this present parliament was or were used and occupied to tillage and husbandry, [as] by the owner or owners thereof for their singular profit, avail, and lucre wilfully since the said first day be or hereafter shall be suffered or caused to fall down and decay, whereby the husbandry of the said towns, villages, boroughs, hamlets, tithings houses and other habitations and parishes within this realm been or hereafter shall be decayed, and turned from the said use and occupation of husbandry and tillage into pasture, shall be by the said owner or owners, their heirs, successors or assigns or other for them, within one year next after such wilful decay, re-edified and made again meet and convenient for people to dwell and inhabit in the same, and to have use and therein to exercise husbandry and tillage as at the said first day of this present parliament or since was there used, occupied and had, after the manner and usage of the country where the said land lieth, at the cost and charges of the same owner or owners, their heirs, successors or assigns. And if since the said first day of this present parliament any lands which at the same first day or since were commonly used in tillage, been enclosed or from henceforth shall be enclosed and turned only to pasture, whereby any house of husbandry within this realm is or shall be hereafter decayed, that then all such lands shall be by the same owner or owners, their heirs, successors or assigns or other for them, within one year next ensuing the same decay, put in tillage, and exercised, used and occupied in husbandry and tillage, as they were the first said day of this present parliament or any time since, after the manner and usage of the country where such land lieth; and if any person or persons do contrary to the premises or any of them, that then it be lawful to the King, if any such lands or houses be holden of him immediately, after office or inquisition found thereof comprehending the same matter of record, or to the lords of the fees, if any such lands or houses [have] been holden of immediately, without office or inquisition thereof had, to receive yearly half the value of the issues and profits of any such lands whereof the house or houses of husbandry be not so maintained and sustained, and the same half deal of the issues and profits to have, hold and keep to his or their own use without anything thereof to be paid or given, to such time as the same house or houses be sufficiently re-edified, built or repaired again, for the exercising and occupying of husbandry; and immediately after that, as well the interest and title given by this Act to our Sovereign Lord the King as to the lords of the fee to cease and no longer to endure; and that it shall be lawful to the owner and owners of such lands, house or houses holden immediately of our said Sovereign Lord the King to have and enjoy the same and to take the issues and profits thereof as if no such office or inquisition had never been had nor made; and that no manner of freehold be in the King nor in any such lord or lords by virtue of this act or taking of any such profits of or in any such lands in no manner of form, but only the King and the said lord or lords have power to take, receive and have the said issues and profits as is abovesaid, and therefore the King or the said lord or lords to have power to distrain for the same issues and profits to be had and perceived by them in form abovesaid by authority of this present act....

14. THE COMMISSION[262] OF INQUIRY TOUCHING ENCLOSURES [Patent Roll 9 Hen. VIII, p. 2, m. 6d.], 1517.

The King to his beloved and faithful John Veysy, dean of our Chapel, Andrew Wyndesore, knight, and Roger Wegeston, late of Leicester, greeting. Whereas of late in times past divers our lieges, not having before their eyes either God or the benefit and advantage of our realm or the defence of the same, have enclosed with hedges and dykes and other enclosures certain towns, hamlets and other places within this our realm of England, where many of our subjects dwelt and there yearly and assiduously occupied and exercised tillage and husbandry, and have expelled and ejected the same our subjects dwelling therein from their holdings and farms, and have reduced the country round the houses, towns and hamlets aforesaid, and the fields and lands within the same, to pasture and for flocks of sheep and other animals to graze there for the sake of their private gain and profit, and have imparked certain great fields and pasture and woods of the same in large and broad parks, and certain others in augmentation of parks for deer only to graze there, whereby the same towns, hamlets and places are not only brought to desolation, but also the houses and buildings of the same are brought to so great ruin, that no vestige of the same at the present is left, and our subjects, who have dwelt in the said places and there occupied and exercised tillage and husbandry, are now brought to idleness, which is the step-mother of virtues, and daily live in idleness, and the crops and breeding of cattle that were bred and nourished by the same tillers and husbandmen dwelling in the same towns, hamlets and places for human sustenance, are withdrawn and entirely voided from the same places, and the churches and chapels there hallowed are destroyed and divine services there taken away, and the memory of souls of Christians buried there utterly and wholly perished, and many other inestimable damages grow therefrom and daily hereafter will grow, to the greatest desolation and undoing of our realm and diminution of our subjects, unless an opportune remedy for the reformation of the same be swiftly and speedily applied: We, as we are duly bound, desiring to reform the aforesaid and wishing to be certified touching the same, what and how many towns and hamlets and how many houses and buildings have been thrown down from the feast of St. Michael the Archangel in the fourth year of the reign of the most illustrious lord Henry, late King of England, the Seventh, our father, and how many and how great lands which were then in tillage are now enclosed and converted to pasture, and how many and how great parks have been imparked for the feeding of deer since the same feast, and what lands have been enclosed in any parks or any park, which then were or was, for the amplifying and enlarging of such parks, have therefore appointed you and two of you to enquire by oath of good and lawful men of the counties of Oxford, Berks, Warwick, Leicester, Bedford, Buckingham, and Northampton, as well within liberties as without, and by other ways, manners and means whereby you shall or may the better learn the truth, what and how many towns, how many houses and buildings have been thrown down from the aforesaid feast, and how many and how great lands which were then in tillage are now converted to pasture, and how many and how great parks have been enclosed for the feeding of deer on this side the same feast, and what lands have been enclosed in any parks or any park, which then were or was, for the enlargement of such parks, and by whom, where, when, how and in what manner, and touching other articles and circumstances in any wise concerning the premises, according to the tenour and effect of certain articles specified in a bill to these presents annexed. And therefore we command you that you attend diligently to the premises and do and execute the same with effect. And by the tenour of these presents we command our sheriffs of the counties aforesaid that at certain days and places, which you shall cause them to know, they cause to come before you or two of you as many and such good and lawful men of their bailiwick by whom the truth of the matter may the better be known and enquired of; and that you certify us in our Chancery of what you shall do in the premises in three weeks from the day of St. Michael next coming, together with this commission. In witness whereof, etc. Witness the King at Westminster, the 28th day of May.

[Footnote 262: Similar letters are addressed to other Commissioners directing them to make similar inquiries in other parts of the country. The Commission was appointed by Wolsey. Its returns are important as a source of information both on the said conditions of the period and on the administrative methods of the Tudor statesmen (see Leadam, Domesday of Enclosures) and subsequent Commissions were appointed in 1548, 1566, 1607, 1632, 1635, and 1636, the last three being prompted partly by the desire to raise money by means of fines.]

15. AN ACT CONCERNING FARMS AND SHEEP [25 Hen. VIII, c. 13. Statutes of the Realm, Vol. III, p. 451], 1533-4.

Forasmuch as divers and sundry [persons] of the king's subjects of this realm, to whom God of his goodness hath disposed great plenty and abundance of moveable substance, now of late within few years have daily studied, practised and invented ways and means how they might accumulate and gather together into few hands as well great multitude of farms as great plenty of cattle and in especial sheep, putting such lands as they can get to pasture and not to tillage, whereby they have not only pulled down churches and towns and enhanced the old rates of their rents of the possessions of this realm, or else brought it to such excessive fines that no poor man is able to meddle with it, but also have raised and enhanced the prices of all manner of corn, cattle, wool, pigs, geese, hens, chickens, eggs and such other almost double above the prices which hath been accustomed, by reason whereof a marvellous multitude and number of people of this realm be not able to provide meat, drink and clothes necessary for themselves, their wives and children, but be so discouraged with misery and poverty that they fall daily to theft, robbery and other inconvenience, or pitifully die for hunger and cold; and as it is thought by the King's most humble and loving subjects that one of the greatest occasions that moveth and provoketh those greedy and covetous people so to accumulate and keep in their hands such great portions and parties of the grounds and lands of this realm from the occupying of the poor husbandmen, and so to use it in pasture and not in tillage, is only the great profit that cometh of sheep, which now be coming to a few persons' hands of this realm in respect of the whole number of the King's subjects, that some have 24 thousand, some 20 thousand, and some more and some less, by which a good sheep for victual that was accustomed to be sold for 2s. 4d. or 3s. at the most, is now sold for 6s. 5s. or 4s. at the least; and a stone of clothing wool that in some shires of this realm was accustomed to be sold for 18d. or 20d. is now sold for 4s. or 3s. 4d. at the least, and in some countries where it hath been sold for 2s. 4d. or 2s., or 3s. at the most, it is now sold for 5s. or 4s. 8d. at the least, and so raised in every part of this realm; which things thus used be principally to the high displeasure of Almighty God, to the decay of the hospitality of this realm, to the diminishing of the King's people, and to the hindrance of the clothmaking, whereby many poor people hath been accustomed to be set on work, and in conclusion if remedy be not found it may turn to the utter destruction and dislocation of this realm, which God defend; it may therefore please the King's Highness of his most gracious and godly disposition, and the Lords Spiritual and Temporal of their goodness and charity, with the assent of the Commons in this present parliament assembled, to ordain and enact by authority of the same, that no person or persons from the feast of St. Michael the Archangel which shall be in the year of Our Lord God 1535 shall keep occupy or have in his possession in his own proper lands, nor in the possession, lands or grounds of any other which he shall have or occupy in farm, nor otherwise have of his own proper cattle in use, possession or property, by any manner of means, fraud, craft or covyn, above the number of 2,000 sheep at one time within any part of this realm of all sorts and kinds, upon pain to lose and forfeit for every sheep that any person or persons shall have or keep above the number limited by this act, 3s. 4d., the one half to the King our Sovereign Lord, and the other half to such person as will sue for the same.... It is also further enacted by authority aforesaid that no manner person after the said feast of the nativity of Our Lord shall receive or take for term of life, years or at will, by indenture, copy of court roll or otherwise, any more houses, tenements of husbandry, whereunto any lands are belonging in town, village, hamlet or tithing within this realm above the number of two such holds or tenements; and that no manner person shall have or occupy any such holds so newly taken to the number of two as is before expressed, except he or they be dwelling within the same parishes where such holds be, upon the pain of forfeiture for every week that he or they shall have, occupy, or take any profits of such holds contrary to this act 3s. 4d., the moiety of which forfeiture to be to the King our Sovereign Lord and the other moiety to the party that will sue for the same.....

16. INTERVENTION OF PRIVY COUNCIL UNDER SOMERSET TO PROTECT TENANTS[263] [Acts of Privy Council, p. 540], 1549.

28 June, 1549.

An Order taken upon complaint made to the Lord Protector and other of the King's Majesty's Privy Council for the town of Godmanchester.

First, all and every person within the said town having any more houses of habitation than one in his possession, or any site of a house whereupon a house of habitation hath been with [in] [blank] years standing, shall at and before the Feast of St. Michael in the year of our Lord God 1549 let or demise every the said house with the land thereto accustomed, besides one, to a convenient person, if any that shall require, upon the usual rent, and upon every site now having no house of habitation shall before the said Feast of St. Michael in the same year build a house for habitation and thereto allot so much as thereto was heretofore belonging, and the same shall let and demise, if any that will hire, upon the accustomed rent.

Item, every person having converted any house or habitation unto any other use shall before Michaelmas next coming revert to the use of habitation as it was before, and the same shall let to any which that require upon the accustomed rent, and every person forthwith shall for every house of habitation, decayed site of habitation, and for every house of habitation converted to other use during the time of his possession, maintain and keep the King's watch and other common charges of the town in like manner as hath been heretofore of them used.

Item, whereas there is a great number of acres, lately belonging to certain gilds there, it is ordered that the same shall be divided to the inhabitants thereof in this manner; that is to say, to every ploughland 5 acres, and to every cottage or artificer there dwelling, or which hereafter upon the houses to be new builded shall dwell, one acre; and if the number do not extend, then every ploughland 4, and so for lack of that rate every ploughland 3; and the residue of the said acres falling after that rate to be divided amongst the cottages, paying for every of the said acres 3s. 4d. and above.

Item, also whereas there be certain groves of wood destroyed and turned to pasture in the same town, every such grove being so altered shall be by the owner thereof again (having been so altered within this 20 years before Michaelmas next coming) enclosed and preserved for wood, saving so much of the same to be reserved for a high way for the owner as in those cases the like is there used, the same high way to be severed by hedge from the rest of the grove; and where the groves be so destroyed that there remaineth no hope of growth, the owner thereof shall before the next season following meet for the same set it with wood or sow it with acorns or otherwise as the same may best be for growth of wood.

Provided nevertheless if any manner person have converted any house of habitation or any site of habitation to his necessary use about his own house, so that the same should be great inconvenience to be reverted to the first and old use, then in that case the owner shall be discharged if he for every such habitation so altered do build a like house in some other convenient like place, and the same to use to all purposes as before is said of the like.

The bailiffs be commanded to bring their grant by charter to the Lord Protector at All Hallow tide next coming.

For the observation of which orders the bailiffs and others of that town be bound in recognisance before the said Protector and Council.

Henry Frear } Have acknowledged and each of them has Thomas Trecy } acknowledged that they owe to the Lord John Clark } the King by themselves 100l. sterling.

Upon condition to perform the articles above mentioned.

[Footnote 263: For Somersets popular agrarian policy, see Pollard, The Protector Somerset, and, especially, the introduction to the Commonwealth of this Realm of England (edited by Lamond).]

17. AN ACT FOR THE MAINTENANCE OF HUSBANDRY AND TILLAGE [39 Eliz. c. 2, Statutes of the Realm, Vol. IV., Part II. pp. 893-96], 1597-8.

Whereas the strength and flourishing estate of this kingdom hath been always and is greatly upheld and advanced by the maintenance of the plough and tillage, being the occasion of the increase and multiplying of people both for service in the wars and in times of peace, being also a principal means that people are set on work, and thereby withdrawn from idleness, drunkenness, unlawful games and all other lewd practices and conditions of life; and whereas by the same means of tillage and husbandry the greater part of the subjects are preserved from extreme poverty in a competent estate of maintenance and means to live, and the wealth of the realm is kept dispersed and distributed in many hands, where it is more ready to answer all necessary charges for the service of the realm; and whereas also the said husbandry and tillage is a cause that the realm doth more stand upon itself, without depending upon foreign countries either for bringing in of corn in time of scarcity, or for vent and utterance of our own commodities being in over great abundance; and whereas from the 27th year of King Henry VIII of famous memory, until the five and thirtieth year of Her Majesty's most happy reign, there was always in force some law which did ordain a conversion and continuance of a certain quantity and apportion of land in tillage not to be altered; and that in the last parliament held in the said five and thirtieth year of her Majesty's reign, partly by reason of the great plenty and cheapness of grain at that time within this realm, and partly by reason of the imperfection and obscurity of the law made in that case, the same was discontinued; since which time there have grown many more depopulations, by turning tillage into pasture, than at any time for the like number of years heretofore: Be it enacted ... that whereas any lands or grounds at any time since the seventeenth of November in the first year of Her Majesty's reign have been converted to sheep pastures or to the fattening or grazing of cattle, the same lands having been tillable lands, fields or grounds such as have been used in tillage by the space of twelve years together at the least next before such conversion, according to the nature of the soil and course of husbandry used in that part of the country, all such lands and grounds as aforesaid shall, before the first day of May which shall be in the year of Our Lord God 1599, be restored to tillage, or laid for tillage in such sort as the whole ground, according to the nature of that soil and course of husbandry used in that part of the country, be within three years at the least turned to tillage by the occupiers and possessors thereof, and so shall be continued for ever.

And be it further enacted by the authority aforesaid, that all lands and grounds which now are used in tillage or for tillage, having been tillable lands, fields or grounds, such as next before the first day of this present parliament have been by the space of twelve years together at the least used in tillage or for tillage, according to the nature of the soil and course of husbandry used in that part of the country, shall not be converted to any sheep pasture or to the grazing or fattening of cattle by the occupiers or possessors thereof, but shall, according to the nature of that soil and course of husbandry used in that part of the country, continue to be used in tillage or for tillage for corn or grain, and not for waste.... And be it enacted by the authority aforesaid, that if any person or body politic or corporate shall offend against the premises, every such person or body politic or corporate so offending shall lose and forfeit for every acre not restored or not continued as aforesaid, the sum of twenty shillings for every year that he or they so offend; and that the said penalties or forfeitures shall be divided in three equal parts, whereof one third part to be to the Queen's Majesty, her heirs and successors to her and their own use (and) one other third part to the Queen's Majesty, her heirs and successors for relief of the poor in the parish where the offence shall be committed ... and the other third part to such person as will sue for the same in any court of record at Westminster.... Provided also, that this act shall not extend to any counties within this realm of England, but such only as shall be hereafter specified; that is to say, the counties of Northampton, Leicester, Warwick, Buckingham, Bedford, Oxford, Berkshire, the Isle of Wight, Gloucester, Worcester, Nottingham, Hampshire, Wiltshire, Somerset, Dorset, Derby, Rutland, Lincoln, Hereford, Cambridge, Huntingdon, York, Pembroke in South Wales, and the Bishopric of Durham and Northumberland, and the counties of all the cities and corporations lying situate and being within the counties aforesaid, or confining to the same, and the Ainsty of the county of the city of York.

18. SPEECH IN HOUSE OF COMMONS ON ENCLOSURES [Hist. MSS. Com. MSS. of Marquis of Salisbury, Part VII, pp. 541-3], 1597[264].

But now, as if all these wrongs should be redressed, and all the cries and curses of the poor should be removed, it hath pleased you, Mr. Speaker, to exhibit this bill to our view as a complete remedy. I will not say 'it is worse than the disease.' But this I may truly say, 'It is too weak for the disease!' Three things I find exactly and providently respected. First, that the law is general, without exception, drawing in the purchaser as well as the first offender, whereat, howsoever some may shake their heads, as pressed with their own grief, yet is there no new imposition charged upon them, but such as is grounded upon the common law. For being without contradiction that this turning of the earth to sloth and idleness, whereby it cannot fructify to the common good, is the greatest and most dangerous nuisance and damage to the common people, the law hath provided that the treasure of wickedness shall profit nothing, but that the nuisance shall be reformed in the hands of the people that come in upon the best consideration.... And 26 Eliz. in the Exchequer, in Claypole's case, an exhibition was exhibited upon the Statute of 4 Hen. VII[265] against a purchaser for converting of tillage into pasture, and adjudged good, though the purchaser were not the converter, but only a contriver of the first conversion. So as this new law tends but for an explanation of the old, that every one by the eye may be informed what ought by the hand to be amended. Nay, though it be not fit, Mr. Speaker, to be published among the ruder sort, who, if they were privy to their own strength and liberty allowed them by the law, would be as unbridled and untamed beasts, yet is it not unfit to be delivered in this place of council, that is, that where the wrong and mischief spreads to an universality, there the people may be their own justices, as in 6 Ed. II and 8 Ed. III Ass. 154 and 447 it is adjudged that if a wall be raised atraverse the way that leadeth to the Church all the parishioners may beat it down, and 9 Ed. IV 445, if the course of a water that runs to a town be stopped or diverted all the inhabitants may break it down. Are the people thus interested in the Church wherein their souls are fed, and shall we not think them to be as deeply interested in the corn and increase of the earth that feeds and maintains their bodies? Therefore most wisely hath the gentleman that penned the law pressed the case upon the purchaser that he plough, lest the people plot to circumvent him.

The second thing so well provided is ... that it turns one eye backward to cure the ancient complaints and old festered disease of dearth and scarcity that hath been so long among us, and turns the other eye forward to cut out, as it were, the core that might draw on hereafter mischiefs of the same nature; where the gentleman that framed this bill hath dealt like a most skilful chirurgien, not clapping on a plaster to cover the sore that it spread no further, but searching into the very depths of the wound, that the life and strength which hath so long been in decay by the wasting of towns and countries may at length again be quickened and repaired.

The third thing most politicly respected is the intercourse and change of ground to be converted into tillage, keeping a just proportion. For it fareth with the earth as with other creatures that through continual labour grow faint and feeble-hearted, and therefore, if it be so far driven as to be out of breath, we may now by this law resort to a more lusty and proud piece of ground while the first gathers strength, which will be a means that the earth yearly shall be surcharged with burden of her own excess. And this did the former lawmakers overslip, tyeing the land once tilled to a perpetual bondage and servitude of being ever tilled.

But this threefold benefit I find crossed and encountered with a fourfold mildness and moderation fit to have a keen edge and sharpness set upon it, wherein I acknowledge my master that drew this project to have shewed himself like a tender-hearted physician, who coming to a patient possessed and full of corrupt and evil humours, will not hastily stir the body, but apply gentle and easy recipes. But surely, Mr. Speaker, a desperate disease must have a desperate medicine, and some wounds will not be healed but by incision.

The first moderation I mislike in this new law is that the most cunning and skilful offender shall altogether slip the collar; for if a man have decayed a whole town by enclosures, and hath rid his hand of it by exchange with Her Majesty, taking from her ancient enclosed pastures naturally yielding after the rate that his forced enclosed ground can yield upon such corrupt improvement, and to justify the true value shall take a lease back again of the Queen, the man is an occupier within the words of this law. But by your favour, Mr. Speaker, not within the intent of this law to plough this new enclosure, because Her Majesty is in reversion, and this law doth not extend neither to her nor to her farmers. And that none might escape it were good that all of this kind might be enforced either to a contribution toward the poor,[266] who are chiefly wronged, or to the breaking up of the grounds he received from Her Majesty because they come in lieu of the former.

The second moderation that would be amended is in the imposition of the pain ... which is but 10s. yearly for every acre not converted. By your favour, Mr. Speaker, it is too easy: and I will tell you, Sir, the ears of our great sheep-masters do hang at the door of this house, and myself have heard since this matter grew in question to be reformed, that some, enquiring and understanding the truths of the penalty, have prepared themselves to adventure 10s. upon the certainty of the gain of 30s. at the least. The third moderation is in the exception that exempts grounds mown for hay to be converted into tillage. And, if it please you, Sir, the first resolutions our enclosed gentlemen have is to sort and proportion their grounds into two divisions, the one for walks whereon their sheep may feed in the fresh summer, the other for hay whereon their sheep may feed in the hard winter; so that these grounds that carry hay have been as oil to keep the fire flaming and therefore no reason why they should be shielded and protected from the ploughshare.

The fourth moderation is that after this reconversion there is no restraint, but that every one may keep all the land ploughed in his own hands; whereupon will follow that as now there is scarcity of corn and plenty of such as would be owners, so then there will be plenty of corn, but scarcity of such as can be owners. For until our gentlemen that now enclose much, and then must plough much, shall meet with more compassion toward the poor than they have done, their small will be as small as it hath been, and then every one will be either an engrosser under false pretence of large housekeeping, or else a transporter by virtue of some license he will hope to purchase. And therefore it were good that every one should be rated how much he should keep in his own hands, and that not after the proportions of his present estimation; as, if a man hath lifted up his countenance by reason of this unnatural and cruel improvement after the rate of a gentleman of a thousand pounds by year, where the same quantity of land before would yield but a hundred pounds by year, I would have this man ruled after his old reckoning....

We sit now in judgment over ourselves: therefore as this bill entered at first with a short prayer 'God speed the plough.' so I wish it may end with such success as the plough may speed the poor.

(Endorsed: 1597. To Mr. Speaker against enclosures.)

[Footnote 264: Two Acts against depopulation were passed in this year, 39 Eliz., c. 1, and 39 Eliz., c. 2 (see No. 17 of this section). The name of the member making the following speech is not known.]

[Footnote 265: 4 Hen. VII, c. 19, by which all occupiers of 20 acres and upwards which have been tilled for the last three years are to maintain them in tillage.]

[Footnote 266: For the exaction of such a contribution see Section IV, No. 20 of this Part.]

19. SPEECHES IN HOUSE OF COMMONS ON ENCLOSURES [D'Ewes Journal, p. 674], 1601[267].

The points to be considered of in the continuance of Statutes were read, and offered still to dispute whether the Statute of Tillage should be continued.

Mr. Johnson said, In the time of Dearth, when we made this statute, it was not considered that the hand of God was upon us; and now corn is cheap; if too cheap, the Husbandman is undone, whom we must provide for, for he is the staple man of the kingdom. And so after many arguments he concluded the Statute to be repealed.

Mr. Bacon said the old commendation of Italy by the Poet was potens viris atque ubere glebae, and it stands not with the policy of the State that the wealth of the kingdom should be engrossed into a few graziers' hands. And if you will put in so many provisoes as be desired, you will make it useless. The Husbandman is a strong and hardy man, the good footman. Which is a chief observation of good warriors, etc. So he concluded the statutes not to be repealed.

Sir Walter Raleigh said, I think the law fit to be repealed; for many poor men are not able to find seed to sow so much as they are bound to plough, which they must do, or incur the penalty of the law. Besides, all nations abound with corn. France offered the Queen to serve Ireland with corn for 16s. a quarter, which is but 2s. the bushel; if we should sell it so here, the ploughman would be beggared. The low countryman and the Hollander, which never soweth corn, hath by his industry such plenty that they will serve other nations. The Spaniard, who often wanteth corn, had we never so much plenty, will not be beholding to the Englishman for it....

And therefore I think the best course is to set it at liberty, and leave every man free, which is the desire of a true Englishman.

Mr. Secretary Cecil said, I do not dwell in the country. I am not acquainted with the plough. But I think that whosoever doth not maintain the plough destroys this kingdom.... My motion therefore shall be that this law may not be repealed, except former laws may be in force and revived. Say that a glut of corn should be, have we not sufficient remedy by transportation, which is allowable by the policy of all nations?... I am sure when warrants go from the Council for levying of men in the countries, and the certificates be returned unto us again, we find the greatest part of them to be ploughmen. And excepting Sir Thomas More's Utopia, or some such feigned commonwealth, you shall never find but the ploughman is chiefly provided for, the neglect whereof will not only bring a general, but a particular damage to every man.... If we debar tillage, we give scope to the depopulator; and then if the poor being thrust out of their houses go to dwell with others, straight we catch them with the Statute of Inmates; if they wander abroad they are within danger of the Statute of the Poor to be whipped.

[Footnote 267: No action was taken to amend or repeal existing laws. For Bacon's views see his History of King Henry VII.]

20. RETURN TO PRIVY COUNCIL OF ENCLOSERS FURNISHED BY JUSTICES OF LINCOLNSHIRE [S.P.D. Charles I, Vol. 206, No. 7], c. 1637.

Lincoln.--An abstract of such depopulators as have been hitherto dealt withal in Lincolnshire, and received their pardon.

The persons in number 9 The sum of their fines 300l. The number of houses by bond to be erected 33 The time for the erection, within one year The number of farms to be continued that are now standing 22 The fines are already paid.

Sir Charles Hussey, knt. Fine 80l.

Bond of 200 marks, with condition to set up in Honington 8 farmhouses with barns, etc., and to lay to every house 30 acres of land, and to keep 10 acres thereof yearly in tillage.

Sir Henry Ayscough, knt. Fine 20l.

Bond 200 marks. To set up 8 farmhouses in Blibroughe with 30 acres to every farm, and 12 thereof to be kept yearly in tilth.

Sir Hamond Whichcoote, knt. Fine 40l.

Bond 200 marks. To set up 8 farmhouses, etc., in Harpswell, with 40 acres to every house; and 16 thereof in tillage.

Sir Edward Carre, knt. Fine 30l.

Bond 100l. To set up 2 farmhouses in Branswell, and 1 in Aswarby with 40 acres to every house, 16 in tillage.

Sir William Wraye, knt. Fine 30l.

Bond 100l. To set up in Gaynesby 2 farmhouses with 2 acres at least to either, 10 in tillage, and to continue 2 farms more in Grainsby and 3 in Newbell and Longworth, with the same quantity, as is now used there, a third part in tilth.

Sir Edmund Bussye, knt. Fine 10l.

Bond 100l. To set up one farmhouse in Thorpe with 40 acres, 14 thereof in tillage, and to continue 14 farms in Hedor, Oseby, Aseby, and Thorpe, as they now are, with a third part in tillage.

Richard Rosetor, esqr. Fine 10l.

Bond 50l. To set up one farm in Limber with 40 acres, 16 in tillage, and to continue 1 farm in Limber, and 2 in Sereby, ut sup.

Robert Tirwhitt, esqr. Fine 10l.

Bond 50l. To set up one farm in Cameringham with 40 acres, 16 in tillage.

John Tredway, gent. Fine 10l.

Bond 40l. To set up one farm in Gelson with 30 acres, 10 thereof in tillage.

[Endorsed.] Lincoln Depopulators fined and pardoned and the reformations to be made.

21. COMPLAINT OF LAUD'S ACTION ON THE COMMISSION FOR DEPOPULATION [S.P.D. Charles I, Vol. 497, No. 10], 1641.

That upon the Commission of enquiry after depopulation, the Lord Archbishop of Canterbury and other the Commissioners, at the solicitation of Tho. Hussey, gent, did direct a letter in nature of a Commission to certain persons within the County of Wilts, to certify what number of acres in South Marston in the parish of Highworth were converted from arable to pasture, and what number of ploughs were laid down, etc.

Whereupon the Archdeacon with two others did return certificate, to the Lord Archbishop, etc.

Upon this certificate, Mr. Anth. Hungerford, Mr. Southby, with 15 others, were convented before his Grace and the other Commissioners at the Council Board, where, being charged with conversion;

Mr. Anth. Hungerford and Mr. Southby with some others did aver that they had made no conversion, other than they had when they came to be owners thereof.

His Grace said that they were to look no further than to the owners. And certificate was returned that so many acres were converted and so many ploughs let down.

They alleged that this certificate was false and made without their privity, and therefore Mr. Hungerford in the behalf of the rest did desire that they might not be judged upon that certificate; but that they might have the like favour as Mr. Hussey had, to have certificates of the same nature directed to other Commissioners, or a Commission, if it might be granted, to examine upon oath whereby the truth might better appear.

His Grace replied to Mr. Hungerford, "Since you desire it and are so earnest for it you shall not have it."[268]

They did offer to make proof that since the conversion there were more habitations of men of ability and fewer poor, and that whereas the King had before 4 or 5 soldiers of the trained band he had now 9 there; that the impropriation was much better to be let.

His Grace said to the rest of the Lords, "We must deal with these gentlemen as with those of Tedbury, to take 150l. fine, and to lay open the enclosures."

Which they refusing to do they were there threatened with an information to be brought against them in the Star Chamber. And accordingly were within a short time after by the said Mr. Hussey served with subpoenas at Mr. Attorney his suit in the Star Chamber: And this, as Mr. Hussey told Mr. Hungerford, was done by my Lord Archbishop his command.

[Endorsed.] Depopulation. Mr. Hungerford and Mr. Southby. (1641.)

[Footnote 268: See Clarendon, History of the Rebellion I, 204.

"And the revenue of too many of the Court consisted principally in enclosures, and improvements of that nature, which he [i. e., Laud], still opposed passionately except they were founded upon law; and then, if it would bring profit to the King, how old and obsolete soever the law was, he thought he might justly advise the prosecution. And so he did a little too much countenance the Commission for Depopulation, which brought much charge and trouble upon the people, which was likewise cast upon his account."]

SECTION II

TOWNS AND GILDS

1. A Protest at Coventry against a Gild's Exclusiveness, 1495--2. A Complaint from Coventry as to Inter-municipal Tariffs, 1498--3. The Municipal Regulation of Wages at Norwich, 1518--4. The Municipal Regulation of Markets at Coventry, 1520--5. The Municipal Regulation of Wages at Coventry, 1524--6. An Act for Avoiding of Exactions taken upon Apprentices in Cities, Boroughs, and Towns Corporate, 1536--7. An Act whereby certain Chantries, Colleges, Free Chapels, and the Possessions of the same be given to the King's Majesty, 1547--8. Regrant to Coventry and Lynn of Gild Lands Confiscated under 1 Ed. VI, c. 14 (the preceding Act), 1548--9. A Petition of the Bakers of Rye to the Mayor, Jurats, and Council to Prevent the Brewers taking their trade, 1575--10. Letter to Lord Cobham from the Mayor and Jurats of Rye concerning the Preceding Petition, 1575--11. The Municipal Regulation of the Entry into Trade at Nottingham, 1578-9--12. The Municipal Regulation of Markets at Southampton, 1587--13. The Municipal Regulation of Wages at Chester, 1591--14. The Company of Journeymen Weavers of Gloucester, 1602--15. Petition of Weavers who are not Burgesses, 1604-5--16. Extracts from the London Clothworkers' Court Book, 1537-1627--17. The Feltmakers' Joint-Stock Project, 1611--18. The Case of the Tailors of Ipswich, 1615--19. The Grievances of the Journeymen Weavers of London, c. 1649.

The documents in this section illustrate certain aspects of the life of towns and gilds from 1485-1660. In the first half of the sixteenth century two important changes in the legal position of gilds were made by Act of Parliament, (i) Owing to the growing complaints of their exclusiveness (Nos. 1 and 6). Parliament had already by 15 Hen. VI, c. 6, and 19 Hen. VII, c. 7, compelled gilds to submit their ordinances to the approval of extra-municipal authorities before they became valid (Nos. 6 and 17). By 22 Hen. VIII it fixed 2s. 6d. as the maximum fee to be charged persons entering and 3s. 4d. as the maximum fee for persons leaving their apprenticeship. By 28 Hen. VIII c. 5 it forbad restrictive agreements designed to prevent apprentices or journeymen starting in trade on their own account (No. 6). (ii.) By 37 Hen. VIII c. 4 and 1 Ed. VI. c. 14 (No. 7) Parliament confiscated for the benefit of the Crown that part of gild property which was applied to religious purposes. The latter Act was, however, strongly opposed in the House of Commons, and the confiscated estates were restored to two towns, Coventry and King's Lynn (No. 8).

Apart from these changes towns and gilds pursued in the sixteenth century much the same economic policy as in earlier ages. They imposed inter-municipal tariffs (No. 2), and regulated markets (Nos. 4 and 12), wages (Nos. 3, 5, and 13), apprenticeship and the entry into trades (Nos. 1, 9, 10, 11, 15) on high moral grounds (No. 10), but sometimes with consequences unpleasant to those who were excluded (Nos. 1 and 15). Indeed their anxiety to preserve their monopoly occasionally brought them into conflict with the law, which "abhors all monopolies" (No. 18). Inside the gilds, however, a momentous change was going on. The fifteenth century had seen the rise within gilds of "yeomanry" organizations consisting of journeymen, of which an example is given below (No. 14, and Part I, Section V, No. 16). In the sixteenth and seventeenth centuries the gilds, at least in the larger towns, represented a wide range of interests, from the mercantile capitalist to the industrial small master, and it was often of such small masters, whose numbers appear to have increased in the sixteenth century, that the "yeomanry" then consisted (No. 16). They tended, however, to be at the mercy of the large capitalists, and occasionally under the first two Stuarts, who favoured them, they endeavoured to protect themselves by joint-stock enterprise (No. 17). In the middle of the seventeenth century a reverse movement was taking place. Small masters were becoming journeymen, and in London journeymen were engaged under the Commonwealth in active agitation. Their organization was that of an embryo trade union; their doctrine the application to industrial affairs of the theory of the social contract (No. 19).

AUTHORITIES

The more accessible of the modern writers dealing with the subject of this section are Cunningham, English Industry and Commerce, Modern Times, Vol. I; Ashley, Economic History, Vol. I, Part II, Chap. I and II; Gross, The Gild Merchant; Abram, Social England in the Fifteenth Century; Mrs. Green, English Town Life in the Fifteenth Century; Dunlop and Denman, English Apprenticeship and Child Labour; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, and The Gilds and Companies of London; Webb, English Local Government, The Manor and Borough; Brentano, Gilds and Trade Unions; Toulmin Smith, English Gilds; Rogers, Six Centuries of Work and Wages.

Bibliographies are given in Gross, op. cit. (the most complete); Cunningham op. cit., Vol. II, pp. 943-998; Ashley, op. cit., pp. 3-5 and 66-68; Abram, op. cit., pp. 229-238; Dunlop and Denman, op. cit., pp. 355-363; Unwin, _Industrial Organization in the Sixteenth and Seventeenth Centuries_, pp. 263-270.

* * * * *

The student may also consult the following:--

(1) Documentary Authorities:--The records of numerous towns and gilds have been published, and only a few can be mentioned here:--Stevenson, Records of Nottingham; Tingey, Records of Norwich; Bateson, Records of Leicester; Morris, Chester in the Plantagenet and Tudor Reigns; Turner, Select Records of Oxford; Harris, The Coventry Leet Book (E.E.T.S.); Bickley, The Little Red Book of Bristol; Guilding, Records of the Borough of Reading; Publications of the Historical Manuscripts Commission, Report 14, App. viii (Bury St. Edmunds); 15, App. x (Coventry), 12, App. ix (Gloucester), 13, App. iv (Hereford); 9, App. i (Ipswich); 14, App. viii (Lincoln); 15, App. x (Shrewsbury).

(2) Literary Authorities:--The number of contemporary writers dealing with gild and town life is not large. The most important are: Drei Volkswirthschaftliche Denkscriften aus der Zeit Heinrich VIII, von England, edited by Pauli; Starkey, A Dialogue Between Cardinal Pole and Thomas Lupset (E.E.T.S.); England in the Reign of King Henry VIII; The Commonwealth of this Realm of England (edited by Lamond); Crowley, Select Works (E.E.T.S.); Lever's Sermons (in Arber Reprints: where criticisms will be found on the confiscation of gild property); Harrison, A Description of Britain; Roxburghe Club, A Dialogue or Confabulation Between two Travellers.

1. A PROTEST AT COVENTRY AGAINST A GILD'S EXCLUSIVENESS [Coventry Leet Book, Vol. II, pp. 566-7], 1495.

1495. Mem.: that within vii days after Lammas there was a bill set upon the north church door in St. Michael's Church by some evil disposed person unknown, the tenor whereof hereafter ensueth:--

Be it known and understand This city should be free and now is bond.

Dame Good Eve made it free, And now there be customs for wool and drapery.

Also it is made that no prentice shall be But xiii pennies pay shall he.

That act did Robert Green,[269] Wherefore he had many a curse, I ween.

[Footnote 269: Robert Green was chosen Mayor of Coventry in 1494.]

2. A COMPLAINT FROM COVENTRY AS TO INTER-MUNICIPAL TARIFFS [Coventry Leet Book, Part I, p. 592], 1498.

Oct. 18th, 1498 ... And on the morrow the Mayor presented a bill to the said Prince desiring by the same that he would please to desire the prior of Coventry to pay at his desire the murage money which he had withdrawn the space of 20 years, and also showed his Grace by the same bill how the citizens of Coventry were troubled by their merchandizes in Bristol, Gloucester, and Worcester, and compelled to pay toll and other customs contrary to their liberties. Upon which bill letters went out to Bristol, Gloucester, and Worcester, desiring by the same that the said citizens of Coventry might pass free without any custom paying after their liberty, or else they appear in London crastino St. Martini then next following.

3. THE MUNICIPAL REGULATION OF WAGES AT NORWICH [Tingey. Selected Records of Norwich, II, p. 110], 1518.

Sept. 21st, 1518. It is agreed that from henceforth no artificer shall employ apprentice working by the day, viz., carpenters, masons, tilers, reeders, by taking for the wage of such an apprentice more than one penny a day until he has been appointed to better wages or salary by the headman of that craft in the presence of the Mayor for the time being. And if any one shall do contrary, he shall forfeit 12d., to be levied from the goods of the master of that apprentice.

4. THE MUNICIPAL REGULATION OF MARKETS AT COVENTRY [Coventry Leet Book, Part III, pp. 674-5], 1520.

October 10, 1520. Memorandum that the Xth day of October and in the [eleventh] year of the reign of King Henry VIII, then Master John Bond being Mayor of the City of Coventry, the price of all manner of corn and grain began to rise. Whereupon a view was taken by the said Mayor and his brethren what stores of all manner of corn, and what number of people was then within the said city, men, women and children, etc.

* * * * *

[Here follow particulars of the number of persons and amount of grain in each ward.]

Summa Totalis of } { In Malt, 2405 qrs. the people then } { In Rye and Mastlin, 100 being within the } Summa Totalis { qrs. 1 strike. city, of men } 6601 persons. { In wheat, 47 qrs. women and children. } { In Oats, 39 qrs. 2 strike. } { In Pease, 18 qrs. 2 strike.

Also a view by him taken what substance of malt was then brewed within the city weekly by the common brewers that brewed to sell.... The number of all the common brewers in the city ... 68. Item, they brewed weekly in malt 146 qrs. 1 bus.

Mem., that there was brought into this said city the Friday before Christmas Day in the year of the said John Bond then being Mayor, by his labour and his friends, to help sustain the city with corn, of all manner of grain Summa 97 qrs. 6 strike.

Mem., that there was at that time 43 bakers within the city, which did bake weekly amongst all 120 qrs. of wheat and 12, besides pease and rye.

5. THE MUNICIPAL REGULATION OF WAGES AT COVENTRY [Coventry Leet Book, Part III, pp. 688-9], 1524.

[Enacted] that the weavers of this city shall have for the weaving of every cloth, to the making whereof goeth and is put 80 and 8 lb. of wool or more to the number of 80 lb. and 16, 5s. for the weaving of every such cloth; and if the said cloth contain above the said number then the weaving to be paid for as the parties can agree, and if the cloth contain under the said number, then the owner to pay for weaving but 4s. 6d. And if the cloth be made of rests or green wool, then to pay as the parties can agree; and the payment to be made in ready money and not in wares as it is wont to be, and who refuses thus to do, and so proved before Master Mayor, to forfeit for every said default 3s. 4d., to be levied by the searchers of the said craft of weavers, with an officer to them appointed by the said Mayor, to the use of the common box. [Enacted] that every clothier within this city shall pay for walking of every cloth of green wool or middle work, 3s. 4d., and for every cloth of fine wool as the clothier and walker can agree, and that the clothier do pay therefore in ready money and not in wares.

6. AN ACT FOR AVOIDING OF EXACTIONS TAKEN UPON APPRENTICES IN CITIES, BOROUGHS AND TOWNS CORPORATE [_28 Hen. VIII, c. 5. Statutes of the Realm, Vol. IV, Part I, pp. 286-8_], 1536.

Where in the parliament begun at London the third of November in the 21st year of the reign of our most dread Lord King Henry the eight, and from thence adjourned and prorogued to Westminster the 16 day of January in the 22 year of the reign of our said Sovereign Lord and there then also holden, it was and it is recited, that where before that time it was established and enacted in the 19 year of our late Sovereign Lord King Henry the VIIth, that no masters, warden and fellowship of crafts, or any of them, nor any rulers of guilds or fraternities, should take upon them any acts or ordinances nor to execute any acts or ordinances by them before that time made or then hereafter to be made, in disheritance or diminution of the prerogative of the King nor of other nor against the common profit of the people, but if the same acts or ordinances were examined or approved by the chancellor, treasurer of England or chief justice of either bench or 3 of them, or before the justices of assize in their circuit or progress in the shire where such acts or ordinances be made, upon pain of forfeiture of £40 for every time that they do the contrary, as more plainly in the said act doth appear; since which time divers wardens and fellowships have made acts and ordinances, that every apprentice should pay at his first entry in their common hall to the wardens of the same fellowship some of them 40s., some 30s., some 20s., some 13s. 4d., some 6s. 8d., some 3s. 4d. after their own sinister minds and pleasure, contrary to the meaning of the said act made in the said 19 year of the reign of the said late King Henry the VIIth and to the great hurt of the King's true subjects putting their children to be apprentices: It was therefore in the said parliament holden at Westminster in the said 22 year of the reign of King Henry the eight, established and enacted by the King our Sovereign Lord by the advice of his Lords, Spiritual and Temporal, and of the Commons in the same parliament assembled and by the authority of the same, that no master, wardens or fellowships of crafts or masters or any of them, nor any rulers of fraternities should take from thenceforth of any apprentice or of any other person or persons for the entry of any apprentice into their said fellowship above the sum of 2s. 6d., nor for his entry when his years and term is expired and ended, above 3s. 4d. upon pain of forfeiture of £40 for every time that they do to the contrary.... Since which said several acts established and made (as is aforesaid), divers masters, wardens and fellowships of crafts have by cautell and subtil means compassed and practised to defraud and delude the said good and wholesome statutes, causing divers apprentices or young men immediately after their years be expired, or that they may be made free of their occupation or fellowship, to be sworn upon the Holy Evangelist at their first entry that they nor any of them after their years or term expired shall not set up or open any shop, house nor [cellar] nor occupy as free men, without the assent and licence of the master, wardens or fellowships of their occupations, upon pain of forfeiting their freedom or other like penalty; by reason whereof the said apprentices and journeymen be put to as much or more charges thereby than they beforetime were put unto for the obtaining and entering of their freedom, to the great hurt and impoverishment of the said apprentices and journeymen and other their friends; For remedy whereof be it now by the authority of this present parliament established, ordained and enacted, that no master, wardens or fellowships of crafts nor any of them, nor any rulers of guilds fraternities or brotherhoods, from henceforth compel or cause any apprentice or journeyman, by oath or bond heretofore made or hereafter to be made or otherwise, that he after his apprenticeship or term expired, shall not set up nor keep any shop house nor cellar, nor occupy as a freeman without licence of the masters, wardens or fellowships of his or their occupation for and concerning the same; nor by any means exact or take of any such apprentices or journeyman nor any other occupying for themselves, nor of any other persons for them, after his or their said years expired, any sum of money or other things for or concerning his or their freedom or occupation, otherwise or in any other manner than before is recited limited and appointed in the said former act made in the said 22 year of the reign of King Henry the eight; upon the pain to forfeit for every time that they or any of them shall offend contrary to this act £40....

7. AN ACT WHEREBY CERTAIN CHANTRIES, COLLEGES, FREE CHAPELS, AND THE POSSESSIONS OF THE SAME BE GIVEN TO THE KING'S MAJESTY [_1 Ed. VI, c. 14. Statutes of the Realm, Vol. IV, Part I, p. 24_], 1547.

The King's most loving subjects, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, considering that a great part of superstition and errors in Christian religion hath been brought into the minds and estimation of men, by reason of the ignorance of their very true and perfect salvation through the death of Jesus Christ, and by devising and phantasing vain opinions of purgatory and masses satisfactory to be done for them which be departed, the which doctrine and vain opinion by nothing more is maintained and upholden than by the abuse of trentalls, chantries and other provisions made for the continuance of the said blindness and ignorance; and further considering and understanding that the alteration, change and amendment of the same, and converting to good and godly uses, as in erecting of grammar schools to the education of youth in virtue and godliness, the further augmenting of the universities and better provision for the poor and needy, cannot in this present parliament be provided and conveniently done, nor cannot nor ought to any other manner person be committed than to the King's Highness, whose Majesty with and by the advice of his Highness most prudent council can and will most wisely and beneficially both for the honour of God and the weal of this his Majesty's realm, order, alter, convert and dispose the same....

[Clause reciting 37 Hen. VIII, c. 4.][270]

... It is now ordained and enacted by the King our Sovereign Lord, with the assent of the Lords and Commons in this present parliament assembled, and by the authority of the same, that all manner of colleges, free chapels and chantries, having been or in esse within five years next before the first day of this present parliament, which were not in actual and real possession of the said late king, nor in the actual and real possession of the king our sovereign lord that now is, nor excepted in the said former act in form abovesaid, other than such as by the king's commissions in form hereafter mentioned shall be altered, transposed or changed, and all manors, lands, tenements, rents, tythes, pensions, portions and other hereditaments and things above-mentioned belonging to them or any of them, and also all manors, lands, tenements, rents and other hereditaments and things above-mentioned, by any manner of assurance, conveyance, will, devise or otherwise had, made, suffered, acknowledged or declared, given, assigned, limited or appointed to the finding of any priest to have continuance for ever, and wherewith or whereby any priest was sustained, maintained or found, within five years next before the first day of this present parliament, which were not in the actual and real possession of the said late King, nor in the actual and real possession of our Sovereign Lord the King that now is, and also all annual rents, profits, and emoluments, at any time within five years next before the beginning of this present parliament employed, paid or bestowed toward or for the maintenance, supportation or finding of any stipendiary priest intended by any act or writing to have continuance for ever, shall by the authority of this present parliament, immediately after the feast of Easter next coming, be adjudged and deemed and also be in very actual and real possession and seisin of the King our Sovereign Lord and his heirs and successors for ever; without any office or other inquisition thereof to be had or found, and in as large and ample manner and form as the priests, wardens, masters, ministers, governors, rulers or other incumbents of them or any of them at any time within five years next before the beginning of this present parliament had occupied or enjoyed, or now hath, occupieth or enjoyeth the same; and as though all and singular the said colleges, free chapels, chantries, stipends, salaries of priests and the said manors, lands, tenements and other the premises whatsoever they be, and every of them, were in this present act specially, particularly, and certainly rehearsed, named and expressed, by express words, names and surnames, corporations, titles and faculties, and in their natures, kinds and qualities....

And over that be it ordained and enacted by the authority of this present parliament, that where any manors, lands, tenements, tythes, pensions, portions, rents, profits, or other hereditaments, by any manner of assurance, conveyance, will, devise or otherwise at any time heretofore had, made, suffered, acknowledged or declared, were given assigned or appointed to or for the maintenance, sustentation or finding of any priest or divers priests for term of certain years yet continuing, and that any priest hath been maintained, sustained or found with the same or with the revenues or profits thereof within five years last past, that the king from the said feast of Easter next coming shall have and enjoy in every behalf for and during all such time to come every such and like things, tenements, hereditaments, profits and emoluments as the priest or priests ought or should have had for or toward his or their maintenance, sustenance or finding, and for no longer or further time, nor for any other profit, advantage or commodity thereof to be taken....

... And be it ordained and enacted by the authority of this present parliament, that the King our Sovereign Lord, his heirs and successors, from the said feast of Easter next coming, shall have hold, perceive and enjoy for ever, all lands, tenements, rents and other hereditaments which, by any manner of assurance, conveyance, wills, will, devise or otherwise at any time heretofore had made suffered, acknowledged, or declared, were given, assigned or appointed to go or be employed wholly to the finding or maintenance of any anniversary or obit or other like thing, intent, or purpose, or of any light or lamp in any church or chapel to have continuance for ever, which hath been kept or maintained within five years next before the said first day of this present parliament.

... And furthermore be it ordained and enacted by the authority aforesaid, that the King our Sovereign Lord shall from the said feast of Easter next coming have and enjoy to him, his heirs and successors for ever, all fraternities, brotherhoods and guilds being within the realm of England and Wales and other the king's dominions, and all manors, lands, tenements and other hereditaments belonging to them or any of them, other than such corporations, guilds, fraternities, companies and fellowships of mysteries or crafts, and the manors, lands, tenements, and other hereditaments pertaining to the said corporations, guilds, fraternities, companies and fellowships of mysteries or crafts above mentioned, and shall by virtue of this act be judged and deemed in actual and real possession of our said Sovereign Lord the King, his heirs and successors from the said feast of Easter next coming for ever, without any inquisitions or office thereof to be had or found....

And also be it ordained and enacted by the authority aforesaid, that our said Sovereign Lord the King, his heirs and successors, at his and their will and pleasure, may direct his and their commission and commissions under the great seal of England to such persons as it shall please him, and that the same commissioners, or two of them at the least, shall have full power and authority by virtue of this Act and of the said commission, as well to survey all and singular lay corporations, guilds, fraternities, companies and fellowships of mysteries or crafts incorporate, and every of them, as all other the said fraternities, brotherhoods and guilds within the limit of their commission to them directed, and all the evidences, compositions, books of accounts and other writings of every of them, to the intent thereby to know what money and other things was paid or bestowed to the finding or maintenance of any priest or priests, anniversary, or obit or other like thing, light or lamp, by them or any of them; as also to enquire, search and try, by all such ways and means as to them shall be thought meet and convenient, what manors, lands, tenements, rents and other hereditaments, profits, commodities, emoluments and other things be given, limited, or appointed to our said Lord the King by this act, within the limits of their commission: and also that the same commissioners or two of them at the least, by virtue of this act and of the commission to them directed, shall have full power and authority to assign and shall appoint, in every such place where guild, fraternity, the priest or incumbent of any chantry in esse the first day of this present parliament, by the foundation, ordinance, [the] first institution thereof should or ought to have kept a grammar school or a preacher, and so hath done since the feast of St. Michael the Archangel last past, lands, tenements and other hereditaments of every such chantry, guild and fraternity to remain and continue in succession to a schoolmaster or preacher for ever, for and toward the keeping of a grammar school or preaching, and for such godly intents and purposes and in such manner and form as the same commissioners or two of them at the least shall assign or appoint: and also to make and ordain a vicar to have perpetuity for ever in every parish church, the first day of this present parliament being a college, free chapel, or chantry, or appropriated and annexed or united to any college, free chapel, or chantry that shall come to the king's hands by virtue of this act, and to endow every such vicar sufficiently, having respect to his cure and charge; the same endowment to be to every vicar and to his successors for ever, without any other license or grant of the King, the bishop, or other officers of the diocese: ...

... And also be it ordained and enacted by the authority of this present parliament that our Sovereign Lord the King shall have and enjoy all such goods, chattels, jewels, plate, ornaments and other moveables, as were or be the common goods of every such college, chantry, free chapel, or stipendiary priest belonging or annexed to the furniture or service of their several foundations, or abused of any of the said corporations in the abuses aforesaid, the property whereof was not altered nor changed before the 8 day of December in the year of our Lord God 1547....

[Footnote 270: This and the following document deal with the confiscation of that part of the property of gilds which was devoted to religious purposes. The Act printed above was a re-enactment with some important variations of an Act of 1545 (37 Hen. VIII, c. 4). For its object and effect see Ashley, Economic History, Vol. I, part II, pp. 142-145, and pp. 184-187, who gives reasons for disagreeing with the statement of Thorold Rogers (Six Centuries of Work and Wages, pp. 347-350, and The Economic Interpretation of English History, p. 15) that the Act "suppressed" the craft gilds; Pollard, The Political History of England 1547-1603, pp. 17-20 ("the greatest educational opportunity in English history was lost, and the interests of the nation were sacrificed to those of its aristocracy"); Leach, English Schools at the Reformation, p. 68; Toulmin Smith's English Gilds. Lever (Sermons 1550, Arber's Reprints, pp. 32, 73, and 81) complains bitterly of the use to which the confiscated property was put. "For in suppressing of abbeys, cloisters, colleges, and chantries, the intent of the King's Majesty that dead is, was, and of this our King now is, very godly.... Howbeit covetous officers have so used this matter that even those goods which did serve to the relief of the poor, the maintenance of learning, and to comfortable necessary hospitality in the Commonwealth, be now turned to maintain worldly, wicked, covetous ambition." ... "Your Majesty hath had given and received by Act of Parliament, colleges, chantries, and gilds for many good considerations, and especially, as appeareth in the same Act, for erecting of grammar schools to the education of youth in virtue and godliness, to the further augmenting of the Universities, and better provision for the poor and needy. But now many grammar schools, and much charitable provision for the poor be taken, sold, and made away, to the great slander of you and your laws, to the utter discomfort of the poor, to the grievous offence of the people, to the most miserable drowning of youth in ignorance, and for decay of the Universities."]

8. REGRANT TO COVENTRY AND LYNN OF GILD LANDS CONFISCATED UNDER I ED. VI, c. 14. [Acts of the Privy Council, New Series, pp 193-5], 1548.

At Westminster, Sunday, the vith of May, 1548

Whereas in the last parliament, holden at Westminster in November, the first year of the King's Majesty's reign, among other articles contained in the act for colleges and chantry lands, etc., to be given unto his Highness, it was also inserted that the lands pertaining to all guilds and brotherhoods within this realm should pass unto his Majesty by way of like gift, at which time divers then being of the lower house did not only reason and argue against that article made for the guildable lands, but also incensed many others to hold with them, among the which none were stiffer nor more busily went about to impugn the said articles than the burgesses for the town of Lynn, in the county of Norfolk, and the burgesses of the city of Coventry, in the county of Warwick; the burgesses of Lynn alleging that the guild lands belonging to their said town were given for so good a purpose (that is to say, for the maintenance and keeping up of the pier and seabanks there, which being untended to would be the loss of a great deal of low ground of the country adjoining), as it were great pity the same should be alienated from them as long as they employed it to so necessary an use; and semblably they of Coventry declaring that where that city was of much fame and antiquity, some times very wealthy though now of late years brought into decay and poverty, and had not to the furniture of the whole multitude of the Commons there, being to the number of xi or xii thousand housling people, but two churches wherein God's service is done, whereof the one, that is to say, the church of Corpus Christi, was specially maintained of the revenues of such guild lands lying only in houses and tenements within the town as had been given heretofore by diverse persons to that use and others no less beneficial to the supporting of that city; if therefore now by the act the same lands should pass from them it should be a manifest cause of the utter desolation of the city, as long as the people, when the churches were no longer supported, nor God's service done therein, and the other uses and employments of those lands omitted, should be of force constrained to abandon the city and seek new dwelling places, which should be more loss unto the King's Majesty by losing so [much] of the yearly fee farm there, and subversion of so notable a town, than the accruing of a sort of old houses and cottages pertaining to the guilds and chantries of the said cities, should be of value or profit to his Majesty, as long as his Highness should be at more cost with the reparations of the same than the yearly rents would amount unto.

In respect of which their allegations and great labour made herein unto the House, such of his Highness Council as were of the same House there present thought it very likely and apparent that not only that article for the guildable lands should be dashed, but also that the whole body of the act might either sustain peril or hindrance being already engrossed, and the time of the Parliament Prorogation hard at hand, unless by some good policy the principal speakers against the passing of that article might be stayed; whereupon they did anticipate this matter with the Lord Protector's Grace and others of the Lords of his Highness Council, who, pondering on the one part how the guildable lands throughout this realm amounted to no small yearly value, which by the article aforesaid were to be accrued to his Majesty's possessions of the Crown; and on the other part weighing in a multitude of free voices what moment the labour of a few setters on had been of heretofore in like cases, thought it better to stay and content them of Lynn and Coventry by granting to them to have and enjoy their guild lands, etc., as they did before, than through their means, on whose importune labour and suggestion the great part of the Lower House rested, to have the article defaced, and so his Majesty to forego the whole guild lands throughout the realm; and for these respects and also for avoiding of the proviso which the said burgesses would have had added for the guilds to this article, which might have ministered occasion to others to have laboured for the like, they resolved that certain of his Highness' Councillors being of the Lower House should persuade with the said burgesses of Lynn and Coventry to desist from further speaking or labouring against the said article, upon promise to them that if they meddled no further against it, his Majesty, once having the guildable lands granted unto him by the act as it was penned unto him, should make them over a new grant of the lands pertaining then unto their guilds, etc., to be had and used to them as afore. Which thing the said Councillors did execute as was devised, and thereby stayed the speakers against it, so as the act passed with the clause for guildable lands accordingly.

And now seeing that the Mayors and others of the said city of Coventry and town of Lynn by reason of that promise so made unto them have humbly made suit unto the Lord Protector's Grace and Council aforesaid that the same may be performed unto them, which promise his Grace and the said Council do think that his Highness is bound in honour to observe, although it were not so that indeed those lands which belonged to the guild at Lynn cannot well be taken from them, being so allotted and employed to the maintenance of the pier and seabanks there, which of necessity as was alleged, require daily reparations, no more than the guild and chantry lands at Coventry upon the foresaid considerations could conveniently (as was thought) be taken from them without putting the said city to apparent danger of desolation; it was therefore this day ordained, and by the accord and assent of the Lord Protector's Grace and others of his Highness Council decreed, that letters patents should be made in due form under the King's Majesty's Great Seal of England whereby the said guild lands belonging to the two churches at Coventry should be newly granted unto them of the city for ever, and the lands lately pertaining to the guild of Lynn also granted unto that town for ever, to be used to such like purpose and intent as aforetimes by force of their grants they were limited to do accordingly.

9. A PETITION OF THE BAKERS OF RYE TO THE MAYOR, JURATS AND COUNCIL TO PREVENT THE BREWERS TAKING THEIR TRADE [Hist. MSS. Com, Thirteenth Report, App. Part IV, p. 45], 1575.

Whereas, as well in ancient time as now of late days, good and wholesome laws have been by the State of this realm devised, ordained, and enacted for the better maintenance of the subjects of the same; amongst which laws it is ordained how each sort of people, being handicraftsmen or of occupation, should use the trade and living wherein they have been lawfully trained up and served for the same as the said laws do appoint; nevertheless, it may please your worships, divers persons do seek unto themselves by sinister ways and contrary to those good laws certain trades to live by, and not only to live by but inordinately to gain, to the utter overthrow of their neighbours which have lawfully used those occupations, and served for the same according to the said laws. Amongst which sort of people certain of the brewers of this town use the trade and occupation of bakers, not having been apprentices to the same, nor so lawfully served in the same trade as they thereby may justly challenge to use the said occupation of baking, to the utter impoverishment of the bakers of the said town, their wives, children, and families, and contrary to the law, equity, and good conscience; whereby we whose names are underwritten shall be constrained to give over, and for themselves to seek some other means to live, and to leave our wives and children, if in time remedy be not provided by your worships for the same.

James Welles. John Mylles. Edward Turner. Philip Caudy. William Gold.

10. LETTER TO LORD COBHAM FROM THE MAYOR AND JURATS OF RYE CONCERNING THE PRECEDING PETITION [ibid., pp. 47-8], 1575.

Upon the lamentable complaint of our poor neighbours the bakers, we did with good and long deliberation consider of their cause, and finding that their decay is such as without speedy reformation they shall not have wherewith to maintain their wives, children, and family, which are not few in number, a thing in conscience to be lamented, and we for remission in duty to be greatly blamed; and since the overthrow of these poor men is happened by reason of the brewers (who ought by the laws of this realm not to be bakers also) have by our sufferance (but the rather for that Robert Jackson is towards your Lordship) used both to bake and brew of long time, whereby Robert Jackson (God be thanked) is grown to good wealth, and the whole company of the bakers thereby utterly impoverished, and finding that by no reasonable persuasion from us, neither with the lamentable complaint of the bakers, those brewers would leave baking, we were driven by justice and conscience to provide for their relief the speedier. Whereupon we did, with consent of Mayor, Jurats, and Common Council, make a certain decree, lawful, as we think, for the better maintenance of them, their wives, children and family, a matter in civil government worth looking into when the state of a common weal is preferred before the private gain of a few, which decree we required Mr. Gaymer to acquaint your Honour with, at his last being with you, who upon his return advertised us that your Lordship had the view thereof, and also of your Honour's well liking of the same, humbly beseeching your good Lordship's aid and continuance therein, whereof we have no doubt, being a matter that doth concern (and that according to the laws of the realm) the relief of those who are brought to the brink of decay.

11. THE MUNICIPAL REGULATION OF THE ENTRY INTO TRADES AT NOTTINGHAM [Stevenson, Nottingham Records, Vol. IV, p. 186], 1578-9.

1578-9, March 9. Memorandum also, that all manner of prentices already bound and to be bound to bring their indentures to be enrolled before May day next, or else every master to forfeit 12d. And the Mayor to admit no burgess but by consent of the Wardens of the occupation in default of the Wardens; and to have a special regard that such have been and served as apprentices and been enabled, according to the statute of anno 5 of Queen Elizabeth.

12. MUNICIPAL REGULATION OF MARKETS AT SOUTHAMPTON [Hearnshaw, Southampton Court Leet Records, Vol. I, Part II, p. 256], 1587.

Item we present that Mr. Brawycke, who, it is said ... was bound unto your worships for the serving of the inhabitants of this town with candles at 2d. the lb., having all the tallow of the victuallers to this town at a price reasonable to his good liking and great commodity many years, restraining all others from having any part thereof by virtue of his grant from your worships as aforesaid, a scarcity of tallow now happening for one year, doth presently refuse to serve the inhabitants at any reasonable price, and the best cheap that is to be had is 3d., and many times 4d. the lb.; a happy man that can make his bargain so well to take it when there is profit and refuse to serve when the profit faileth, and to raise it at his own will for his best advantage, and to tie all men and himself to be at liberty; the artificers and the poorer sort of people are most of all pinched, wherewith they, with the rest, find themselves aggrieved, so desire your worships thoroughly to consider thereof.

13. THE MUNICIPAL REGULATION OF WAGES AT CHESTER [Morris, Chester in the Plantagenet and Tudor Reigns, p. 436], 1591.

30 July, 33 Eliz. And at the same assembly Mr. Mayor delivered the corporation of the wrights and slaters, letting to understand of their great exactions of the citizens and servants, whereby they deserved to be disfranchised and their corporations dissolved. Whereupon it was thought most meet that Mr. Mayor do call before him the aldermen and stewards thereof, and take them in bond for redress and remedy of all such wrongs ... and in the meantime their corporation to be retained and also receive and give from time to time such wages as shall be appointed by the Mayor for the time being.

14. THE COMPANY OF JOURNEYMEN WEAVERS OF GLOUCESTER [Hist. MSS. Com., Twelfth Report, App. Part IX, pp.416-418], 1602.

Thos. Machyn, Mayor of the City of Gloucester, to all to whom, etc. Know ye that there came this day into the Court of the aldermen there divers of the journeymen weavers of the said city in the name of their whole fellowship of journeymen, and signified by their petition that whereas before this time sundry good ordinances have been made and granted by, and agreed upon by and between the master weavers of the said city, known by the name of the Warden and Fraternity of St. Anne of the weavers in the town of Gloucester, and the said journeymen, for the good order and government of man and for their better relief; and some disuse of the same has been of late years through the negligence of some of the said journeymen, and upon this untrue intendment that some of the said ordinances were not warrantable by the laws of this realm, nor convenient for the public good of the said city; it has therefore seemed fit to us, the Mayor and Aldermen, not only thoroughly to consider the said articles, but also to consider such books of compositions as have been heretofore given to the said company or fraternity of weavers, either by our predecessors or by the justices of assize of the county of the city; we have therefore called before us the Wardens and Stewards of the said fraternity or company to hear what they could or would say thereupon for our better information, requiring them further to shew us their books of compositions; who very willingly and orderly brought before us the several books hereafter mentioned; one book approved by the Justices of Assize, dated 10 Nov., 24 Henry VII, another book granted by our predecessors, also allowed by the Justices of Assize, dated 13 March, 4 Edward VI. We, having fully considered the said books, are pleased, with the consent of the present Warden and Stewards of the said Company of Weavers and of others the masters of the said Company occupying the trade of weaving within the said city, to allow that the journeymen of the said trade in the said city may in quiet and orderly sort at any time hereafter congregate and meet together at any fit place within the said city and such time of the day, between the hours of seven of the clock in the forenoon and four of the clock in the afternoon, as to them shall be thought fit and convenient, ever giving notice to the Warden of the said Company of weavers or, in his absence, to one of the stewards of the said fraternity one day before, at the least, of their meaning and purpose to meet, to the intent that if the said Warden or any of the said Company of the master weavers shall think or know anything meet to be considered of and conferred of between them, that the same might be proposed and so concluded of as might stand with equity and good order, and to the end that a quiet and peaceable demeanour with orderly and civil usage may be by and among the said whole company of journeymen at all times hereafter observed, and that the one to the other of them may give that brotherly aid and Christian relief as best may be for their helps, some of them being young men and bachelors having neither houses of their own or family, and some others of great years burdened with the charge of wife and many children; it is therefore thought good by us, with the assent of the said master-weavers, that they the said journeymen shall and lawfully may yearly, on the day of Saint Peter the Apostle, meet together and choose two honest and discreet journeymen of the elder and discreetest sort of them to be their Stewards for the year ensuing, which Stewards shall have power and authority to assemble and call together all the journeymen of the said art or others whatsoever professing and using the trade of weaving in the said city or suburbs of the same not being masters, and they so being assembled to confer among themselves of all such good means and orders as best may be for the good of their society and to the only ends and purposes before mentioned; which said journeymen being so chosen shall take upon them the said office of Stewardship and shall execute all and singular the following ordinances, either of them refusing the said office to forfeit 40s.; and the said Stewards shall be yearly presented on St. Ann's day by six of the elder and better sort of their Company of journeymen unto the Warden and Stewards of the said Company of Weavers at such time and place as shall be by them appointed, there to understand what to them doth pertain as servants of the said trade of weaving, or by virtue of their composition or grants made heretofore, or hereafter to be made, etc., all of which they shall faithfully promise by giving of their hands to perform and cause to be performed, on pain of 20s.

[Detailed ordinances follow. They require journeymen who are strangers to produce a certificate of apprenticeship and testimony of good behaviour, and to pay on admission 8d. to the fellowship of journeymen. Other journeymen are to pay 4d. on admission, and all are to pay 1d. per quarter "to the relief of the poorer sort of the said fellowship." Journeymen embezzling yarn are to be expelled, and those absent from the election of new stewards are to be fined 3s. 4d. The company of journeymen shall do nothing prejudicial "towards the Warden and his Company ... of the said art ... of weavers, either by raising ... their wages or otherwise."]

15. A PETITION OF WEAVERS WHO ARE NOT BURGESSES [Nottingham Records, Vol. IV, pp. 274-5], 1604-5.

To the worshipful master mayor and his brethren.

Be it known, Right Worshipful, that we be a certain number of poor weavers who do use our trade within this town of Nottingham, thereby to maintain ourselves our wives and children, according to the laws of God and the King's Majesty's laws. It is not unknown unto your worship how the burgess weavers have sought, and at this present do seek, to put us down from working, thereby to work the utter undoing of us and of our poor families. We humbly do entreat your Worships' favours with equity to consider of our poor estates, who do not offend them nor work within their freedom or composition, if they have any. Your Worships may understand they do trouble us more of malice than for any hindrance they receive by us, for that we see men of other trades, both in this corporation and others, not being burgesses, yet work in manner as we do, unmolested or troubled. Therefore we beseech your Worships that we may have liberty to use our trades for the maintenance of ourselves, our wives, and children, and if there be anything due either to Master Mayor or any of his Worships' officers we are ready to discharge it; but as for the weavers, we know no reason or authority they have to claim anything of us, neither do we find ourselves able to bear so heavy a burden as they would lay upon us.

16. EXTRACTS FROM THE LONDON CLOTHWORKERS' COURT BOOK [_Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 229-234_], 1537-1627.

July 13, 1 Mary. All the company had warning to keep their servants from unlawful assemblies and that they have no talk of the council's matters as they will answer at their uttermost perils.

January 16, 1-2 Mary. The wardens of the yeomanry brought into the hall a new chest with iii locks and iii keys to serve to put their money in, wherein was by them put in ready money xiiijl. vis. xid., the Mr. of the Company having one key, the upper warden of the yeomanry another key, and one of the assistants of the yeomanry to have the third key.

Also it was agreed that the said Wardens of the Yeomanry shall have such orders as hath been here taken, concerning such articles as they ought amongst themselves to observe, to be entered in their book to the intent they may better keep them.

July 13, 2 Mary. It is agreed that from henceforth all such apprentices as shall come out of their years, being of the handicraft, shall before they be sworn be tried and seen by the Wardens of the Yeomanry, whether they be workmen able to serve in the common weal or not.

* * * * *

November 29, 1567. This day the whole company of the handicraftsmen were warned to be here according to the order taken by the last court day, and these articles following were read unto them, and they all with one voice consented to every of the said articles, and made humble request with willing hearts as they professed that these said orders may be forthwith put in execution with diligence, affirming the same orders to be profitable to them all.

Item that there shall be eight or ten persons elected and chosen by the wardens and assistants to have the view of all the merchants' cloths hereafter to be wrought within the company, and that no person of this company to fold, take, or press or to deliver to the owner any merchant's cloth before the same cloth be viewed and seen by two of the said persons so appointed. And the said cloths so by them seen and found truly wrought, that is to say rowed, barbed, first-coursed and shorn from the one end to the other according to the statute last made, they to set the common seal of the house to every such cloth in token of true workmanship done upon the same. And every such cloth as shall be by the said searchers or any of them found faulty in workmanship, or that shall be folded, tacked, pressed, or delivered to the owner before it be viewed and sealed in form aforesaid, every workman of such cloth or cloths to pay for a fine of every such cloth xxs. ...

* * * * *

December 6, 1591. This day also at the earnest suit and request and upon the full agreement of those of the assistants and livery of the Company being of the handicraft, the Wardens of the Yeomanry, their assistants and xxiiij more of the said yeomanry, it was by this Court fully ordered and agreed that there shall be four of the said yeomanry appointed to be sealers to seal all such woollen cloth as the merchants or any of them shall appoint and deliver to any of this company to be dressed to the intent to be transported over sea, etc. ... and that every clothworker shall send for the sealers when his cloth is ready.

January 16, 1610-11. The humble suit of your worships servants of the yeomanry.

First, we entreat your worship that the upper Warden of the Yeomanry's account may be yearly audited according to an old custom carefully provided for by your worships predecessors, (that is to say) by two from your worships Court of Assistants and two of our Ancients of the yeomanry.

Secondly, we humbly entreat your worship that the remainder of the quarterage, your worships' officers being paid, may remain in the yeomanry's chest according to an old custom, our worshipful Master of this Company for the time being to keep one key, the upper Wardens of the Yeomanry to keep another key, and one of the Ancients of the Assistants of the Yeomanry to keep the third key.

Thirdly, we desire of your worship that the upper warden of the yeomanry may have one of his Ancients last being in his place to sit by him and assist him in his accompts and to show him wherein the Company is wronged.

Fourthly, we desire that when we shall find our officer of the yeomanry to be slack and remiss in doing of his duty in his service which he ought to do for the good of the Company, and the same duly proved against him, that we of the yeomanry may have full authority to dismiss him at our own discretion, but not without the consent of the Master and Wardens and Assistants of this Company for the time being first had and obtained in that behalf.

These Petitions and requests of the yeomanry were granted and agreed upon by the Master, Wardens and Assistants present at the said court holden the said sixteenth day of January 1610 aforesaid.

* * * * *

June 13, 1627. Whereas ... Suit was commenced in Court of King's Bench at Westminster by the Wardens of Yeomanry in the name of Master and Wardens against divers Merchant Adventurers upon viii Elizabeth, which yet dependeth in the said court undetermined, and the said Wardens of Yeomanry considering that the proceedings in like suits formerly commenced have been stopped by some special command of the King and State upon the solicitation of the said Merchant Adventurers being strong in purse and friends, have bethought themselves of a way or mean to prevent the said Merchant Adventurers from the like, and to that purpose have dealt with a Gentleman named Mr. George Kirke of the King's Majesty's Bedchamber, very gracious with his Majesty, who for a fourth part of this moiety of all penalties, forfeitures which shall be obtained or gotten upon any recovery to be had against any of the said Merchant Adventurers upon any action or suit brought or to be brought, sued, commenced, etc., hath undertaken to do his best and to use all the credit and means he can to his Majesty that there be no stop or stay in course of law for the solicitation or procurement of the said Merchant Adventurers in suits already brought or to be brought.

[The Wardens of Yeomanry ask that the Court may record the agreement.]

17. THE FELTMAKERS' JOINT-STOCK PROJECT[271] [Cotton MSS. Titus B.V. 117], c. 1611.

The state of the Feltmakers' Case, with some propositions on their part to remedy the mischiefs they now are constrained to endure.

The feltmakers were by decrees in Star Chamber united to the Company of the Haberdashers, London, and did sit with them in their hall for government of the trade, till they, finding themselves rather oppressed by them than any way cherished or abuses reformed, thereupon by suit obtained a charter from his Majesty by which they were incorporated a body of themselves by the name of Master, Wardens and Commonalty of the Art and Mystery of Feltmakers of London and 4 miles compass.

Hereupon by allowance of the Lord Mayor they published their charter, took them a hall, and accordingly did and do govern their company. Afterwards considering that they were a trade and company of themselves by whom many thousands do live besides their company, namely, the hat trimmers, band makers, hat dyers and hat sellers, which are the haberdashers, and yet nevertheless they were extremely kept under by the haberdashers engrossing the commodity of wools brought in merely for their trade of hatmaking and for no other use, and by that means having both the means of the feltmakers' trade (for wool) and the means of their maintenance (for buying their wares being made) all in their power, by which the feltmakers in general (except some few in particular) do find themselves much wronged, and by means of it and their daily threats did fear the overthrow of their trade: whereupon the generality petitioning to the company of the hard case they lived in, notwithstanding their extreme sore labour, besought them to provide some means for their relief and prevention of what might ensue. The company then by means made them a stock to buy the wools imported for the company at the best hand; but being opposed by the haberdashers, the prices by that means were enhanced, and yet the sale of their wares made kept in bondage as before, whereby many of their trade have been impoverished, many forced to leave their trade, and many to forsake the city, by which means all that now live of feltmaking as pickers, carders, trimmers, bandmakers, dyers and hatsellers are much hindered, the trade being drawn into the country.

Hereupon the company became (as often before) humble suitors for their freedom, which by opposition of the Company of Haberdashers and their false suggestions to the court, they could not obtain--howbeit a Committee of Aldermen have certified it to be fit--neither are suffered to have liberty to search for the abuses of their trade under warrant from the Lord Mayor, which formerly they have often done; besides, their shops threatened to be shut up, notwithstanding their inhabiting of the city many years.

Now the company seeing the extreme malice of the haberdashers, and that the sale of their wares lieth solely in them, whereby many are forced to hawk their hats made contrary to the statutes, and sell at far less rates than they can truly afford them, only to buy victual, whereby if some redress be not had many will be undone or forced to go into the country, to the great damage of the trade in general and overthrow of the corporation which they much desire to support: they have considered to raise them a stock to take in all men's wares when they be made, to avoid hawking, and to encourage men to follow their trade and continue within the corporation, for the benefit of all parties, the city, the trade and company, and all that trim and sell hats and live by that trade, without desire of enhancing the price of anything or damage to any man.

The stock they purpose to be 25,000l., to be resident in some convenient place of the suburbs, where men may take notice to have money for their wares if they will bring them, being made good and at such rates as they may well be afforded, by judgment of sworn men of the trade, who shall rate them both inward and outward, so as the poor shall sell much better than they have done the other sort, howbeit they sell cheaper by 2s. in the pound than for the most part they have done; yet having a certain market and ready money to buy wool again; and, in that then they shall be in no hazard of loss by trusting, as now they do, their gain will be much more.

1. The corporation will flourish.

2. Felts will be better made in that every man shall have price for his ware as his workmanship is.

3. The trade, being much used in the country, will revert into the city, to the benefit of the city and all that live by the trade.

4. The haberdasher shall buy good wares more generally than now and at as cheap rates as he now usually buyeth (the times of the year and prices of wool considered), and be sorted with much more ease and content than now he is.

5. The haberdasher of mean estate shall be in much better case than now, for that every man shall have good wares without culling according to their sorts.

6. The commonwealth shall be better served in that now they shall have good wares for their money.

7. The stock cannot but be gainful to the stockers, in that the hats, according to their goodness, shall come in at 2s. in the pound profit upon the sale, merely out of the feltmaker's labour, who is equally benefited by the certain stock. Besides, the often return of the stock at 2s. in the pound cannot but give content to the stockers.

8. The stock shall be sufficiently secured were it never so much, in that they shall deliver no money without a sufficient value of wares. Their sale will be certain in that without buying the haberdashers cannot uphold their trade. Besides, no man shall have benefit of the stock except he will bring all the ware he makes to it (except it be a hat or two specially made, and that with the privilege of the stockers). Besides, if at any time the stock shall be full of ware and want money, the company by a general consent can forbear bringing in or slack their making for a time. But so it is that once in a year all felts will off, of what nature soever.

9. The wares being of necessity to be bought, the stockers will need not trust except they will but upon good security, which will make men more wary in buying.

[Footnote 271: Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 240-42,]

18. THE CASE OF THE TAILORS OF IPSWICH[272] [Coke's Reports, Part XI, pp. 53-55], 1615.

Trin. II, Jac. Reg. King's Bench.

[The Master, Wardens, and Community of the Tailors and Workers of cloth of the town of Ipswich in the County of Suffolk brought an action for 13l. 13s. 4d. against William Sheninge. They allege

(i) that by the letters patent incorporating them they had power to make reasonable rules and ordinances and to impose fines for breach of them;

(ii) that they had made a rule that no person occupying any of the said trades in Ipswich should keep any shop or chamber, or exercise the said faculties, or any of them, or take an apprentice or journeyman, till he should present himself to the Master and Wardens of the said society, should prove that he had served an apprenticeship, and should be admitted as a sufficient workman, on pain of 5 marks fine;

(iii) that in accordance with 19 Hen. vii., cap. 7, they had submitted these rules to the justices of assize, who had allowed them;

(iv) that William Sheninge had worked 20 days as a tailor without complying.

The defendant pleaded he was an apprentice by the space of 7 years, that he had been retained as domestic servant for a year and that as such he made garments for him, his wife, and children, which is the same use and exercise wherein the plaintiffs demur.]

And in this case upon argument at the Bar and Bench, divers points were resolved--

1. That at the Common Law no man could be prohibited from working in any lawful trade, for the law abhors idleness ... and especially in young men, who ought in their youth ... to learn lawful trades and sciences which are profitable to the common weal.... And therefore the law abhors all monopolies, which prohibit any from working in any lawful trade. And that appears in 2 H. 5, 56. A dyer was bound that he should not use the dyers' craft for 2 years, and there Hull holds that the bond was against the common law, and by God if the plaintiff was here he should go to prison till he paid a fine to the king; so for the same reason, if an husbandman is bound that he shall not sow his land, the bond is against the common law.... And if he who undertakes upon him to work is unskilful, his ignorance is a sufficient punishment to him ... and if any one takes him to work and spoils it, an action on the case lies against him. And the Statute of 5 Eliz. 4, which prohibits every person from using or exercising any craft, mystery, or occupation unless he has been an apprentice by the space of 7 years was not enacted only to the intent that workmen should be skilful, but also that youth should not be nourished in idleness, but brought up and educated in lawful sciences and trades: and therefore it appears that without an Act of Parliament none can be prohibited from working in any lawful trade. Also the common law doth not prohibit any person from using several Arts or mysteries at his pleasure....

2. That the said Restraint of the defendant for more than the said Act of 5 Eliz. has made was against law, and therefore for as much as the Statute has not restrained him who has served as an apprentice for seven years from exercising the trade of a tailor, the said ordinance can't prohibit him from exercising his trade till he has presented himself before them, or till they allow him to be a workman; for these are against the liberty and freedom of the subject, and are a means of extortion in drawing money from them, either by delay or some other subtil device or by oppression of young Tradesmen by the old and rich of the same Trade, not permitting them to work in their trade freely; and all this is against the Common Law and the commonwealth. But ordinances for the good order and government of men of Trades and Mysteries are good, but not to restrain any one in his lawful mystery.

3. It was resolved that the said branch of the Act of 5 Eliz. is intended of a public use and exercise of a trade to all who will come, and not of him who is a private cook, tailor, brewer, baker, etc., in the house of any for the use of a family, and therefore the said ordinance had been good and consonant to law. Such a private exercise and use had not been within it, for every one may work in such a private manner, although he has never been an apprentice in the trade.

4. It was resolved that the Statute of 19 H. 7, cap. 7, doth not corroborate any of the ordinances made by any corporation, which are so allowed and approved as the Statute speaks, but leaves them to be affirmed as good, or disaffirmed as unlawful, by the law; the sole benefit which the corporation obtains by such allowance is that they shall not incur the penalty of 40l. mentioned in the Act, if they put in use any ordinances which are against the king's prerogative, or the common profit of the people.

Judgment for defendant.

[Footnote 272: This case is important as an illustration of the attitude of the Common Law Courts towards rules made in restraint of trade. See below, section III of this Part, Nos. 17 and 24.]

19. THE GRIEVANCES OF THE JOURNEYMEN WEAVERS OF LONDON [Gildhall Library. The case of the Commonalty of the Corporation of Weavers of London truly stated],[273] c. 1649.

Humbly presented to the consideration of the honourable House of Commons.

All legal jurisdictions over a number of people or society of men must either be primitive or derivative. Now primitive jurisdiction is undoubtedly in the whole body, and not in one or more members, all men being by nature equal to other; and all jurisdictive power over them, being founded by a compact and agreement with them, is invested in one or more persons, who represent the whole, and by the consent of the whole are empowered to govern by such rules of equality towards all, so that both governor and governed may know certainly what the one may command and what the other must obey; without the performance of which mutual contract all obligations are cancelled, and that jurisdictive power returns unto its first spring (the people) from whence it was conveyed.

And doubtless whatever power our Governors of the Corporation of Weavers may pretend and plead for, if they had any rationally, they had it at first from the whole body, as it stands incorporated into a civil society of men walking by such rules, established for the preservation of the trade, advancement and encouragement of the profession thereof.

And if it be objected that they had a charter granted them by the King, wherein they are invested that power they challenge, we answer that there is not any one liberty that is granted to them but that is also granted to the meanest member of the said company. The words of the charter are these:--

[Here follows a copy of the charter granted by King Henry II to the Weavers of London.]

So that it is clear that this grant was not to so many particular men, but to the whole society; and what power soever any person or persons were afterwards invested withall must of necessity be by the consent, election, and approbation of the whole body; and if our Egyptian taskmasters have any further commission for their usurped power over us, why do they not produce it? Certainly, if they could, they would. But having none they plead custom and precedents, both which they will find but broken reeds to lean upon, but rotten props to support their worm-eaten sovereignty.

1. For first, there must be these two things to make a custom valid: (i) Usage; (ii) Time. Yet that time must be such whereof there is no memory of man, and the usage must be peaceable, without interruption. But both these are wanting to strengthen their claim to their pretended power over us.

2. Suppose there were a custom, and that it had been time out of mind also, yet if long usurpations of power could make the exercise thereof legal, the very foundation of just government were subverted.

3. No custom against an Act of Parliament is valid in law. But the custom claimed by our governors is against the very fundamental constitutions both of all civil societies and of several Acts of Parliament, which ordain that all elections shall be free, chiefly 3 of Ed. I, chap. 5, by virtue of which the people choose all their officers and magistrates in the several parishes and precincts in this kingdom. And if it be according to law in the major, the commonwealth, it must consequently hold in the minor, a particular corporation or civil society of men, as we are, etc.

4. But customs are only valid when reasonable.... Now nothing in the world can be more unreasonable than that such a number of men as 16 should have liberty to exercise a power over as many thousands, without, nay against, their wills, consent, or election ..., the challenge and exercise of such a power over a people being the perfectest badge of slavery that men can be subjected to.

But we shall proceed in a discovery of those oppressions and abuses which we complain so much against in our governors.

1st Charge. They have admitted aliens to be members for sums of money, contrary to the statutes of the realm, orders of the Lord Mayor and Court of Aldermen, customs of the city, and ordinances of the company.... They have brought in by their own confession three hundred and twelve strangers to be masters of the said company, and have taken for their admittance 5l. a man, which amounted to 1,560l., or thereabouts.... They object that the strangers admitted are broad weavers and deal not in the commodities that we trade in, viz., ribbon, lace, etc.

The objection is false; for most of us can, and many of us have wrought, as good broad stuffs as are nowadays made, and would do still, were it not for the vast number of strangers (which have engrossed the trade).... And if it be demanded how or by what means they got the trade into their hands, we answer that at the beginning of the war many of us and our servants engaged for the Parliament, and, in our absence, they, being generally malignant, staying at home, and keeping servants all of their own country, never employing any English, as they by law ought, by degrees got all the trading, so that now the war is ended, and we returned to follow our callings, we can get no employment. By which means many hundreds have been forced to leave the trade, as to be porters, labourers, water-bearers, etc., and many forced to take relief from the several parishes wherein they dwell....

2nd Charge. They have admitted natives to weave and set up weaving in their gild, without serving seven years, contrary to the statutes, orders and customs aforesaid, as hath been proved by several witnesses before the Committee of the honourable House.

3rd Charge. They exact extraordinary fees of those persons that they make free or admit, taking a silver spoon of an ounce and a half weight, and five shillings and eightpence in money, contrary to the Statute of 22 of Hen. VIII, chap. 4, and 28 of Hen. VIII, chap. 5....

4th Charge. They have deprived the commonalty of their rights in their first ordinance, which saith the bailiffs are to be chosen by the bailiffs, wardens, assistants, and commonalty, which ordinance is grounded upon the Statute of 3rd of Ed. I, chap. 5, which saith elections ought to be free, etc.

As touching the right of election, sufficient hath been spoken in the preamble before these charges; only give us leave to insert a few particulars in answer to their objection.

1. Whereas they object, that the commonalty are represented in the livery of the said company, we answer:--Legal representatives must be legally chosen by the persons represented, or else they cannot, or at least ought not, to be bound by their determinations. But the livery-men of our company are chosen by the bailiffs and governors, and not by the commonalty, so may properly be called the governors' representatives and not ours, we being never called upon to give our voice in their elections. Neither are they, indeed, elected, but brought in for 5l. a man. In lieu whereof they are invested with a peculiar privilege above others, by being empowered to keep more servants than ordinary, by which means the commonalty is destroyed also....

5th Charge. They have dismissed the yeomanry contrary to six several orders made with their consent by the Lord Mayor and Court of Assistants.

But they object that they have not dismissed them, etc. If they had not dismissed them, what needed so many several orders to be made to the contrary? But we desire you to take notice that the yeomanry did consist of sixteen persons which were authorized by the aforesaid six several orders to search and find out the abuses in trade, viz., intruders that had not served seven years, and that none but serviceable goods might be made for the commonwealth. Now, because these governors gain by intruders, making them pay for their permission, and driving the greatest trade, making much light and deceitful work, therefore they have dismissed the said yeomanry, by reason whereof both the said evils are continued. Besides, the yeomanry by the said orders were to have the journeymen's quarteridges for their pains, but now being by them dismissed they gather the quarteridges and share it among themselves.

6th Charge. That they have wasted the treasure and stock of the company in byways, and have not made that provision for the poor members of the company as by their trust they ought to have done.

So that what with their feastings, defending vexatious suits contrary to law, purchasing a monopoly, large fees for councillors, bills, demurrers, suits against weavers of other companies, etc., they have in one year out of the company's stock and income (which amounted but to 791l. 5s. 5d.) spent 566l. 19s. 8d., which year's account agrees with their disbursements other years also; and for 200l. given by one Mr. Ralph Hamon to purchase land for the poor, they have purchased none to this day, but have shared the money among themselves....

The premises considered, and all other circumstances duly weighed, our desires for the freedom of elections being both legal and rational, our sufferings and abuses under usurping pretended governors so abusive and offensive, our wants so great, company so numerous, trading so little, and that too devoured by strangers, ... we therefore hope that all these things put together will be of such weight with all conscientious, godly men in this honourable House of Commons, as that we shall not need to fear your willing assistance for the redressing of these great evils and granting our just desires. The speedy performance whereof will not only gain unto you the prayers of many thousand persons who are ready to perish for want of trading, but also engage them, as heretofore, so for the future, to stand by you in your greatest necessities, for the strengthening your hands in the execution of justice and judgment, and redress of the oppressions of the nation.

[Footnote 273: Part of this document is quoted by Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 205-6.]

SECTION III

THE REGULATION OF INDUSTRY BY THE STATE

1. Proposals for the Regulation of the Cloth Manufacture (temp Henry VIII)--2. Administrative Difficulties in the Regulation of the Manufacture of Cloth, 1537--3. An Act Touching Weavers, 1555--4. Enactment of Common Council of London as to Age of Ending Apprenticeship, 1556--5. William Cecil's Industrial Programme, 1559--6. The Statute of Artificers, 1563--7. Proposals for the Better Administration of the Statute of Artificers, 1572--8. Draft of a Bill Fixing Minimum Rates for Spinners and Weavers, 1593--9. Draft Piece-list Submitted for Ratification to the Wiltshire Justices by Clothiers and Weavers, 1602--10. An Act Empowering Justices to fix Minimum Rates of Payment, 1603-04--11. Administration of Acts Regulating the Manufacture of Cloth, 1603--12. Assessment made by the Justices of Wiltshire, dealing mainly with other than Textile Workers, 1604--13. Assessment made by the Justices of Wiltshire dealing mainly with Textile Workers, 1605--14. Administration of Wage Clauses of Statute of Artificers, 1605-08--15. Administration of Apprenticeship Clause of the Statute of Artificers, 1607-08--16. The Organisation of the Woollen Industry, 1615--17. Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1615--18. A Petition to Fix Wages Addressed to the Justices by the Textile Workers of Wiltshire, 1623--19. Appointment by Privy Council of Commissioners to Investigate Grievances of Textile Workers in East Anglia, 1630--20. Report to Privy Council of Commissioners appointed above, 1630--21. High Wages in the New World, 1645--22. Young Men and Maids Ordered to Enter Service, 1655--23. Request to Justices of Grand Jury of Worcestershire to Assess Wages, 1661--24. Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1669.

The documents in this section illustrate the regulation of industrial relationships by the government of the Tudors and of the first two Stuarts. The principal aims of their policy were to check the movement of the textile industries from the town to country districts (Nos. 3 and 6), to prevent the concentration of industry in the hands of capitalists (Nos. 3 and 11), or the creation of a necessitous proletariat (No. 4), to exercise a police supervision over the movement of labour (Nos. 6, 7 and 14), to maintain the quality of English goods (No. 2), to prevent class encroaching on class (Nos. 5 and 6) either through the wage earner demanding excessive wages (No. 5) or through the employer beating them down unduly (Nos. 8, 10, 19, 20), in short to crystallize existing relationships with such changes only as the economic developments of recent years, particularly the fall in the value of money (No. 6), and the spread of the textile industries into rural districts (No. 3) made inevitable.

The system was developed in numerous Acts, of which the most important are given below (Nos. 3, 6 and 10). The most comprehensive measure was the Statute of Artificers of 1563 (No. 6). There was little original in this Act. Just as the Statutes forbidding depopulation (Part II, section I) really only developed manorial customaries into a national system, and the Poor Law Statutes (Part II, section IV) were based on the experiments of municipal authorities, so the Statute of Artificers was based partly on the practices of gilds (Part II, section II), partly on the mediæval Statutes of Labourers (see Part I, section VI, Nos. 12--19). Indeed, Cecil's original proposal (No. 5) seems to have been to re-enact 12 Richard II, cap. 3, which the rise in prices had made out of date. If seriously entertained, this idea must have been discarded. The most important innovation introduced by the statute in its final form was the substitution of a system of industrial regulation applying to almost the whole country for regulations applying to particular localities and particular trades.

The most important parts of the Statute of Artificers were those relating to apprenticeship and to the assessment of wages. The former, if we may judge by the proceedings of the County Justices (Nos. 11 & 15) and of municipal authorities (Part II, section II, Nos. 9, 10, 11, 15), seem to have been administered with considerable strictness, which was only to be expected in view of the interest which gilds, boroughs, traders and craftsmen generally had in seeing that they were carried out. Judicial interpretations seem, however, to have begun at an early date to whittle them away to some extent (No. 17), for the Judges disliked rules "in restraint of trade" (No. 24 and section II, No. 18).

The wage clauses of the Statute present a more difficult problem. There is no doubt that their object was to fix a maximum (not a minimum) wage for agricultural labour (Nos. 6 and 14), which, however, should move with movements in prices. This policy was not so oppressive as it appears to us, because of the wide distribution of landed property, the consequent fact that comparatively few rural workers depended entirely upon wages for their living, and the relatively small difference between the social position of the small farmer or master craftsman and the hired persons whom they employed. In a colony like Massachusetts, where the policy of fixing maximum wages was adopted, its motive was seen in the simplest form (No. 21). Even in England, however, the same motives were at work to a less degree (Nos. 5, 22 and 23). The policy of fixing a maximum wage was, in fact, on a par with that of fixing prices, and probably popular with the small masters and small landholders, who formed a large proportion of the urban and rural population. It did not come to an end with the destruction of the absolute monarchy, but continued, with fair regularity, down to 1688, and, after that, with much less regularity, at any rate to 1762.

The regulation of wages did not, however, only aim at fixing a maximum. It also aimed on some, perhaps rare, occasions at fixing a minimum, at any rate for workers in the textile industries. These latter were treated in a special way, because the development of capitalism in the textile industries (Nos. 2, 3, 8, 16 and 19) had created a wage problem of a modern kind, at any rate in the south and east of England, such as did not yet exist in agriculture. Municipal authorities had in the past fixed minimum rates for textile workers (section II, No. 5). In 1593 four Bills were drafted which proposed to do the same by legislation, of which one is printed below (No. 8), and in 1603-04 an Act (No. 10) was passed to this effect. Two examples of the establishment of minimum rates are given from the proceedings of the Wiltshire Quarter Sessions, in 1602 and 1623. In the former case (No. 9) a piece list was drafted by a committee of clothiers and weavers, which was subsequently issued without alteration by the Justices (No. 13). In the latter case (No. 18) the textile workers of Wiltshire asked the Justices to enforce the assessment of wages on their employers, and the Justices complied by ordering the rates to be published at Devizes. This shows that the regulation of wages did in some cases protect the workers. Naturally, however, the Justices required stimulating in this part of their duties, and during the period of Charles I's personal government the Privy Council intervened to compel them to fix rates, as it did to compel them to administer the Poor Laws. In 1630 it received a petition from the textile workers of Suffolk and Essex complaining that their wages had been reduced, and appointed commissioners to investigate the matter (No. 19), who compelled the employers to raise wages (No. 20). The policy of fixing minimum rates seems to have come to an end with the fall of the absolute monarchy in 1640, though it was occasionally revived by Parliament in the sixteenth century. (Part III, section III, Nos. 3, 4 and 15).

AUTHORITIES

The more accessible of the modern writers dealing with the subject of this section are:--Cunningham, English Industry and Commerce, Modern Times, Part I; Ashley, Economic History, Vol. I, Part II, Chap, iii; Unwin, Industrial Organisation in the Sixteenth and Seventeenth Centuries; Abram, Social England in the Fifteenth Century; Dunlop and Denman, English Apprenticeship and Child Labour; Rogers, Six Centuries of Work and Wages; Hewins, English Trade and Finance in the Seventeenth Century; Schanz, Englische Handelspolitik Gegen Ende des Mittelalters; Tawney in Die Vierteljahrschrift für Sozial und Wirtschaftsgeschichte, Band XI and XII, Heft 8 and 9; Macarthur, in E.H.R., Vols. IX, XIII and XV; Hewins in Economic Journal, Vol. VIII; Hutchins, ibid., Vol. X.

Bibliographies are given by Cunningham, op. cit., pp. 943-998; Unwin, op. cit., pp. 263-270; Ashley, op. cit., pp. 190-1, 243-8; Abram, op. cit., pp. 229-238; Dunlop & Denman, op. cit., pp. 355-63; the student may also consult the following:--

(1) Documentary authorities, 1485-1660:--The most important printed sources of information for the administration of the industrial legislation of the 16th century are Town Records (see bibliographies, especially those of Unwin and of Dunlop & Denman), and the Proceedings of the County Justices contained in the following works:--Hamilton, Devonshire Quarter Sessions from Queen Elizabeth to Queen Anne; Atkinson, Quarter Session Records of the North Riding of Yorkshire; Willis Bund, Worcester County Records, division I; Cox, Three Centuries of Derbyshire Annals; Hardy, Hertford Quarter Session Records; Hardy & Page, Bedfordshire County Quarter Sessions; volumes published by the Historical MSS. Commission, especially Vol. I; Victoria County History, passim.

(2) Literary authorities.--The law is explained by numerous writers of legal text books, e.g., Fitzherbert, The Book Belonging to a Justice of the Peace; Lambard, Eirenarcha; Sheppard, Whole Office of the County Justice of the Peace. Cases before the courts concerning apprenticeship are quoted in the Reports of Coke and Croke. Sidelights on contemporary opinion may be obtained from Rotuli Parliamentorum III, 269, 330, 352; IV, 330-331, 352; V, 110; More, Utopia; Starkey, A Dialogue between Cardinal Pole and Thomas Lupset (Early English Text Society, England in the Reign of King Henry VIII); Forest, The Pleasant Poesy of Princely Practice (ibid.); The Commonweal of this Realm of England (edited by E.R. Lamond); King Edward's Remains, a Discourse about the Reformation of many abuses (printed in Burnet's History of the Reformation); Winthrop's Journal; Petty, A Treatise of Taxes and Contributions, Chapter I, Section 4.

1. PROPOSALS FOR THE REGULATION OF THE CLOTH MANUFACTURE[274] [Brit. Mus. Cotton MSS., Titus B. I, fol. 189], temp. Hen. VIII.

Articles to be certified to my lord privy seal according to his letter for the complaint of the weavers in the seven hundreds in the country of Kent.

First, that no clothier, that hath not had exercise in his youth by the space of two years at the least in the craft of weaving, use or have in his house or at his commandment any loom.

Item, that no clothier weaver using to make coloured clothes shall use, have, or occupy in his house or at his assignment any more than one loom.

Item, that if the cloth-maker have cause to complain upon the weaver for not duly and truly working of their clothes or the weaver cause to complain upon the clothier for not paying him his duty for the said weaving, that then the party grieved shall complain to the next justice of peace, and he shall assign one indifferent weaver and one indifferent clothier to examine the cause of variance and to assess what amends the party grieved shall have. And the party to stand and abide the order so made.

Item, where it is ordered by the statute of anno 4 E. 4 capitulo primo, that the clothier shall pay ready money to the weavers and spinners and other their artificers, that the said statute shall be put in due execution.

Item, if any clothier, tailor, cordwainer or other artificer, by what name or names soever he or they be called, that hereafter shall fortune to come out of any shire other than out of the said shire of Kent into any of the 7 hundreds there to seek service and to have work, that then he or they that will or shall happen to take him or them into his or their service or services, shall before one of the justices of the peace be bound unto the king by way of recognisance in such sum as by the discretion of the said justice shall be appointed; that the said person so by him taken into service shall be of good behaviour during the time that he shall be in his service, and that the said justice be not compellable to certify the same recognisance, unless the same recognisance be forfeited. And this to be done from time to time, as often as the justice of the peace shall think convenient. And if any man retain any man in his service without putting in surety, as is above said, that then the justice of the peace to have authority to commit such person or persons to ward, there to remain by his discretion.

EDWARD WOTTON. THOMAS WYLFFORD.

[Footnote 274: Quoted Schanz, Vol. II, pp. 660-1.]

2. ADMINISTRATIVE DIFFICULTIES IN THE REGULATION OF THE MANUFACTURE OF CLOTH[275] [Brit. Mus. Cotton MSS. Titus B. V, fol. 187], 1537.

Before my right hearty commendations to your good lordship. It may please the same to understand, that divers of the clothmakers in these parts have been with me, declaring unto me, that in case they shall be compelled to make cloth from Michaelmas forwards according to the king's act, it shall cause them and other of their occupation to cease and forbear clothmaking, saying, that it is impossible to keep the breadth of the cloth limited by the act, and also that the weavers, being very poor men, have not nor be able to provide looms and sleys to weave clothes according to the act. Whereunto I answered them, that there is much slander in outward parts for false clothmaking, and for remedy thereof this act was provided; and or ever the act was made, there were divers clothmakers spoken with, who affirmed, that it was reasonable; wherefore I told them that I thought that they did rather seek occasion to continue still false clothmaking, than put their good endeavour to make true cloth according to the act; and also I shewed to them, that the King's Highness had suspended the same act by a long time by his proclamation, to the intent that they might provide looms and other necessaries for the making of true cloth according to the act, wherefore I marvelled much that they had been so negligent in the provision thereof, declaring unto them, that I thought that the King's Highness would not defer the execution of the act any longer; which it seemed to me they lamented very sorely, saying that they would leave their occupying for the time; for they could not by no possible means make cloth according to the act, and specially for their breadth; and I bade them take heed and beware, for I thought, they might perform the act, if they had good will and good zeal to the common weal; and if they by obstinacy or wilfulness would leave clothmaking, whereby percase might grow murmur and sedition among the people for lack of work, that then it would be laid to their charges, to their perils and utter undoings. Whereunto they said obediently, that they would do that lay in their possible powers, but more they could not, beseeching me, that I would be a means to the King's Highness once again to suspend the act, which I would not promise them to do, and so left them for this time in despair of this matter; and so now advertise your good lordship thereof, to the intent that, if it seem by your wisdom convenient, ye may move the King's Majesty hereof to the intent, his Grace's pleasure may be known, whether his Highness of his goodness would yet suspend the act for one other year, which in my poor opinion, if so may stand with his Grace's pleasure, shall not be much amiss, beseeching your good lordship, that I may be advertised hereof as soon as you conveniently may; for Michaelmas is the last day of the old proclamation for this matter; and thus fare your good lordship as heartily well as I would myself. Written at Terlyng the 23rd day of September.

Your[s] assuredly to his preservation (?)

THOMAS AUDELEY, lord chancellor.

[Footnote 275: Schanz, Vol. II, pp. 662-3.]

3. AN ACT TOUCHING WEAVERS[276] [2 & 3 Phil. & Mary, c. xi. Statutes of the Realm, Vol. IV, Part I, p. 286-87], 1555.

Forasmuch as the weavers of this realm have, as well at this present parliament as at divers other times, complained that the rich and wealthy clothiers do many ways oppress them, some by setting up and keeping in their houses divers looms, and keeping and maintaining them by journeymen and persons unskilful, to the decay of a great number of artificers which were brought up in the said science of weaving, their family and household, some by ingrossing of looms into their hands and possession, and letting them out at such unreasonable rents as the poor artificers are not able to maintain themselves, much less their wives, family and children, some also by giving much less wages and hire for the weaving and workmanship of [cloth] than in times past they did, whereby they are enforced utterly to forsake their art and occupation wherein they have been brought up: It is therefore, for remedy of the premises, and for the avoiding of a great number of inconveniences which may grow (if in time it be not foreseen) ordained, established and enacted, by authority of this present parliament, that no person using the feat or mistery of clothmaking and dwelling out of a city, borough, market town or corporate town, shall from the feast of St. Michael the Archangel now next ensuing, keep, retain or have in his or their house or possession any more or above one woollen loom at one time, nor shall by any means directly or indirectly receive or take any manner profit, gain or commodity by letting or setting any loom, or any house wherein any loom is or shall be used and occupied, which shall be together by him set or let, upon pain of forfeiture for every week that any person shall do contrary to the tenour and true meaning hereof 20s.

And be it further ordained and enacted by like authority, that no woollen weaver using or exercising the feat or mistery of weaving, and dwelling out of city, borough, market town or town corporate, shall after the said feast have or keep at any time above the number of two woollen looms, or receive any profit, gain or commodity, directly or indirectly as is aforesaid, by any more than two looms at one time, upon pain to forfeit for every week that any person shall offend or do to the contrary 20s.

And it is further ordained and enacted by like authority, that no person which shall after the said feast, use, exercise or occupy only the feat or mistery of a weaver, and not clothmaking, shall during the time that he shall use the feat or mistery of a weaver, keep or have any tucking mill, or shall use or exercise the feat or mistery of a [tucker] or dyer, upon pain to forfeit for every week that he shall so do 20s.

And it is further enacted by like authority, that no person which after the said feast shall use, exercise or occupy the feat or mistery of a tucker or fuller, shall during the time that he shall so use the said feat or mistery, keep or have any loom in his house or possession, or shall directly or indirectly take any profit or commodity by the same, upon pain to forfeit for every week 20s.

And it is further ordained and enacted by like authority, that no person whatsoever, which heretofore hath not used or exercised the feat, mistery or art of clothmaking, shall after the said feast, make or weave or cause to be made or woven any kind of broad white woollen cloths, but only in a city, borough, town corporate or market town, or else in such place or places where such cloths have been used to be commonly made by the space of ten years next before the making this act; upon pain of forfeiture for every cloth otherwise made five pounds.

Provided always and be it further enacted by the authority aforesaid, that it shall not be lawful to any person or persons being a weaver, or that doth or shall use the art or mistery of a weaver or weaving, dwelling out of a city, borough, town corporate or market town, to have in his and their service any more or above the number of two apprentices at one time; upon pain to forfeit for every time that he shall offend or do contrary to this branch or article the sum of ten pounds.

And further be it enacted by the authority aforesaid, that it shall not be lawful to or for any person or persons to set up the art or mistery of weaving, after the said feast of St. Michael, unless the same person or persons so setting up the same art or mistery of weaving, have been apprentice to the same art or mistery, or exercised the same, by the space of 7 years at the least; upon pain of twenty pounds to be forfeited to the King and Queen's Majesties, her Grace's heirs or successors, the one moiety of all which forfeitures shall be to the King and Queen's Highnesses, heirs [and] successors, and the other moiety to him or them that will sue for the same in any court of record by action of debt, bill, plaint or information, wherein no wager of law, essoigne or protection shall be admitted or allowed for the defendant.

... Provided always, and be it enacted by the authority aforesaid, that this act or anything therein contained shall [not] in any way extend or be prejudicial to any person or persons that doth or shall dwell in the counties of York, Cumberland, Northumberland or Westmoreland; but that they and every of them shall and may have and keep looms in their houses, and do and exercise all and every thing and things for or concerning spinning, weaving, cloth working and clothmaking in the said counties, as they or any of them might have done or exercised lawfully before the making of this statute; anything contained in this statute to the contrary in any way notwithstanding.

[Footnote 276: This Act suggests that something like a factory system may have been growing up in the sixteenth century: See Ashley, Economic History, Vol. II, The Woollen Industry.]

4. ENACTMENT OF COMMON COUNCIL OF LONDON AS TO AGE OF ENDING APPRENTICESHIP[277] [Arber, Stationers' Records, I, p. xli],[278] 1556.

For as much as great poverty, penury, and lack of living hath of late years followed, ... and one of the chiefest occasions thereof, as it is thought, ... is by reason of the over hasty marriages and over soon setting up of households of and by the youth and young folks of the said city [of London], which hath commonly used, and yet do, to marry themselves as soon as ever they come out of their apprenticehood, be they ever so young and unskilful, yea, and often times many of them so poor that they scantily have of their proper goods wherewith to buy their marriage apparel ... and forasmuch as the chiefest occasion of the said inconveniences, as it is very evident, is by reason that divers and sundry apprentices, as well of the said artificers as also of other citizens of the said city, are commonly bound for so few years that their terms of apprenticeability expireth and endeth oversoon, and that they are there upon incontinently made free of the said city; ... for remedy, stay, and reformation whereof it is ordained ... that no manner of persons ... shall be any manner of ways or means made free of the said city ... until such time as he and they shall severally attain to the age of 24 years.

[Footnote 277: This enactment is interesting as offering a precedent followed in the Statute of Artificers (No. 6 of this section), and as showing one of the social reasons for compulsory apprenticeship, which probably somewhat postponed the age of marriage. (See No. 11 of this section.)]

[Footnote 278: Quoted Dunlop and Denman, English Apprenticeship and Child Labour, pp. 52-3.]

5. WILLIAM CECIL'S INDUSTRIAL PROGRAMME[279] [Hist. MSS. Com. MSS. of the Marquis of Salisbury, Part I, pp. 162-3], 1559. Considerations delivered to the Parliament, 1559.

1. Vagabonds.--That the statute I Edward VI, Chap, viii., concerning idle persons and vagabonds being made slaves, now repealed, be revived with additions.

2. Labourers and Servants.--That the Statutes 12 Richard II, Chap. iii, "that no servant or labourer at the end of this term depart out of the hundred or place where he dwells," etc., and 13 Richard II, Chap. viii., ordering the Justices at every session to appoint by proclamation the wages of workers, etc., be confirmed with the addition "that no man hereafter receive into service any servant without a testimonial from the master he last dwelt with, sealed with a Parish Seal kept by the constable or churchwarden, witnessing he left with the free license of his master, penalty £10." So, by the hands of the masters, servants may be reduced to obedience, which shall reduce obedience to the Prince and to God also; by the looseness of the time no other remedy is left but by awe of law to acquaint men with virtue again, whereby the Reformation of religion may be brought in credit, with the amendment of manners, the want whereof has been imputed as a thing grown by the liberty of the Gospel, etc.

3. Husbandry.--That the Statutes, 4 Hen VII, Chap. 9, "for re-edifying houses of husbandry, and to avoid the decay of towns and villages," and 5 Edward VI, Chap. 5, "for maintenance of husbandry and tillage," be put in execution.

4. Purchase of Lands.--No husbandman, yeoman or artificer to purchase above 5l. by the year of inheritance, save in cities, towns and boroughs, for their better repair; one mansion house only to be purchased over and above the said yearly value. The common purchasing thereof is the ground of dearth of victuals, raising of rents, etc.

5. Merchants.--No merchant to purchase above £50 a year of inheritance, except aldermen and sheriffs of London, who, because they approach to the degree of knighthood, may purchase to the value of £200.

6. Apprentices.--None to be received apprentice except his father may spend 40s. a year of freehold, nor to be apprenticed to a merchant except his father spend £10 a year of freehold, or be descended from a gentleman a merchant. Through the idleness of these professions so many embrace them that they are only a cloak for vagabonds and thieves, and there is such a decay of husbandry that masters cannot get skilful servants to till the ground without unreasonable wages, etc....

[Footnote 279: Compare this with the following document (No. 6). It will be observed that Cecil's proposals as to wages are more drastic than the actual provision of the Statute of Artificers.]

6. AN ACT TOUCHING DIVERS ORDERS FOR ARTIFICERS, LABOURERS, SERVANTS OF HUSBANDRY AND APPRENTICES [5 Eliz. c. iv. Statutes of the Realm, Vol. IV, Part I, pp. 414-22], 1563.

I. Although there remain in force presently a great number of statutes concerning ... apprentices, servants and labourers, as well in husbandry as in divers other ... occupations, yet partly for the imperfection and contrariety ... in sundry of the said laws, and for the variety and number of them, and chiefly for that the wages and allowances limited in many of the said statutes are in divers places too small ... respecting the advancement of prices ... the said laws cannot conveniently without the greatest grief and burden of the poor labourer and hired man be put in due execution; and as the said statutes were at the time of the making of them thought to be very good and beneficial ..., as divers of them yet are, so if the substance of as many of the said laws as are meet to be continued shall be digested and reduced into one sole law, and in the same an uniform order prescribed ..., there is good hope that it will come to pass that the same law, being duly executed, should banish idleness, advance husbandry and yield unto the hired person both in the time of scarcity and in the time of plenty a convenient proportion of wages: Be it therefore enacted.... That as much of the statutes heretofore made as concern the hiring, keeping, departing, working, wages or order of servants, workmen, artificers, apprentices and labourers ... shall be from and after the last day of September next ensuing repealed....

II. No person after the aforesaid last day of September ... shall be retained, hired or taken into service to work for any less time than for one whole year in any of the sciences ... or arts of clothiers, woollen cloth weavers, tuckers, fullers, cloth workers, shearmen, dyers, hosiers, tailors, shoemakers, tanners, pewterers, bakers, brewers, glovers, cutlers smiths, farriers, curriers, sadlers, spurriers, turners, cappers, hat-makers or feltmakers, bowyers, fletchers, arrowhead-makers, butchers, cooks, or millers.

III. Every person being unmarried and every other person being under the age of thirty years that after the feast of Easter next shall marry, and having been brought up in any of the said arts [etc.] or that hath exercised any of them by the space of three years or more, and not having lands, tenements [etc.] copyhold or freehold of an estate of inheritance or for term of lives of the clear yearly value of 40s. nor being worth of his own goods the clear value of 10l., ..., not being retained with any person in husbandry or in any of the aforesaid arts ... nor in any other art, nor in household or in any office with any nobleman, gentleman or others, ..., nor having a convenient farm or other holding in tillage whereupon he may employ his labour, shall (during the time that he shall so be unmarried or under the age of 30 years), upon request made by any person using the art or mystery wherein the said person so required hath been exercised as is aforesaid, be retained and shall not refuse to serve according to the tenor of this Statute upon the pain and penalty hereafter mentioned.

IV. No person which shall retain any servant shall put away his said servant, and no person retained according to this Statute shall depart from his master, mistress or dame before the end of his term, upon the pain hereafter mentioned, unless it be for some reasonable cause to be allowed before two Justices of Peace, or one at the least, or before the mayor or other chief officer of the city, borough or town corporate wherein the said master [etc.] inhabiteth, to whom any of the parties grieved shall complain; which said justices or chief officer shall have the hearing and ordering of the matter between the said master [etc.] and servant, according to the equity of the cause; and no such master [etc.] shall put away any such servant at the end of his term, or any such servant depart from his said master [etc.] at the end of his term, without one quarter warning given ... upon the pain hereafter ensuing.

V. Every person between the age of 12 years and the age of 60 years not being lawfully retained nor apprentice with any fisherman or mariner haunting the seas, nor being in service with any carrier of any corn, grain or meal for provision of the city of London, nor with any husbandman in husbandry, nor in any city [etc.] in any of the arts ... appointed by this Statute to have apprentices, nor being retained ... for the digging ... melting ... making of any silver [or other metals, coal, etc.], nor being occupied in the making of any glass, nor being a gentleman born, nor being a student or scholar in any of the universities or in any school, nor having [lands or goods, as above, section 3], nor having a father or mother then living or other ancestor whose heir apparent he is then having lands [etc.] of the yearly value of £10 or above, or goods or chattels of the value of 40l., nor being a necessary or convenient officer or servant lawfully retained as is aforesaid, nor having a convenient farm or holding ... nor being otherwise lawfully retained according to the true meaning of this Statute, shall ... by virtue of this Statute be compelled to be retained to serve in husbandry by the year with any person that keepeth husbandry and will require any such person so to serve.

VI. [Penalty on masters unduly dismissing servants, 40s.: on servants unduly departing or refusing to serve, imprisonment.]

VII. None of the said retained persons in husbandry or in any of the arts or sciences above remembered, after the time of his retainer expired, shall depart forth of one city, town or parish to another nor out of the ... hundred nor out of the county where he last served, to serve in any other city ... or county, unless he have a testimonial under the seal of the said city or of the constable or other head officer and of two other honest householders of the city, town or parish where he last served, declaring his lawful departure, ..., which testimonial shall be delivered unto the said servant and also registered by the parson of the parish where such master [etc.] shall dwell....

VIII. [Penalty on a servant departing without such testimonial, imprisonment or whipping; on any one hiring him, 5l.]

IX. All artificers and labourers being hired for wages by the day or week shall betwixt the midst of the months of March and September be at their work at or before 5 of the clock in the morning, and continue at work until betwixt 7 and 8 of the clock at night, except it be in the time of breakfast, dinner or drinking, the which times at the most shall not exceed above 2 1/2 hours in the day ... and all the said artificers and labourers between the midst of September and the midst of March shall be at their work from the spring of the day in the morning until the night of the same day, except it be in time afore appointed for breakfast and dinner, upon pain to forfeit one penny for every hour's absence to be deducted out of his wages.

X. [Penalty on artificers, etc., breaking contract with employers, imprisonment and fine of 5l.]

XI. And for the declaration what wages servants, labourers and artificers, either by the year or day or otherwise, shall receive, be it enacted, That the justices of the peace of every shire ... within the limits of their several commissions ... and the sheriff of that county if he conveniently may, and every mayor, bailiff or other head officer within any city ... wherein is any justice of peace, within the limits of the said city ... shall before the 10th day of June next coming, and afterward yearly at every general sessions first to be holden after Easter, or at some time convenient within six weeks next following Easter, calling unto them such discreet and grave persons of the said county or city as they shall think meet, and conferring together respecting the plenty or scarcity of the time and other circumstances necessary to be considered, have authority within the limits of their several commissions to rate and appoint the wages as well of such of the said artificers ... or any other labourer, servant or workman whose wages in time past hath been by any law rated and appointed, as also the wages of all other labourers, artificers [etc.] which have not been rated, as they shall think meet to be rated [etc.] by the year or by the day, week, month or other wise, with meat and drink or without meat and drink, and what wages every workman or labourer shall take by the great for mowing, reaping or threshing [and other agricultural employment] and for any other kind of reasonable labours or service, and shall yearly, before the 12th day of July next after the said assessment made, certify the same ... with the considerations and causes thereof into the Court of Chancery[280]; whereupon it shall be lawful to the Lord Chancellor of England [or] Lord Keeper upon declaration thereof to the Queen's Majesty ... or to the Lords and others of the Privy Council to cause to be printed and sent down before the 1st day of September next after the said certificate into every county ... proclamations containing the several rates appointed ... with commandment ... to all persons ... straitly to observe the same, and to all Justices [etc.] to see the same duly and severely observed ...; upon receipt whereof the said Sheriffs, Justices [etc.] shall cause the same proclamation to be entered of record ... and shall forthwith in open markets upon the market days before Michaelmas then ensuing cause the same proclamation to be proclaimed ... and to be fixed in some convenient place ...: and if the said sheriffs, justices [etc.] shall at their said general sessions or at any time after within six weeks ... think it convenient to retain for the year then to come the rates of wages that they certified the year before or to change them, then they shall before the said 12th day of July yearly certify into the said Court of Chancery their resolutions, to the intent that proclamations may accordingly be renewed and sent down, and if it shall happen that there be no need of any alteration ... then the proclamations for the year past shall remain in force....

XII. [Penalty on Justices absent from sessions for rating wages, 5l.]

XIII. [Penalty for giving wages higher than the rate, ten days' imprisonment and fine of 5l.; for receiving the same, twenty-one days' imprisonment.]

XIV. [Penalty on servants, etc., assaulting masters, etc., one year's imprisonment.]

XV. Provided that in the time of hay or corn harvest the Justices of Peace and also the constable or other head officer of every township upon request ... may cause all such artificers and persons as be meet to labour ... to serve by the day for the mowing ... or inning of corn, grain and hay, and that none of the said persons shall refuse so to do, upon pain to suffer imprisonment in the stocks by the space of two days and one night....

XVI. [Proviso for persons going harvesting into other counties.]

XVII. Two justices of peace, the mayor or other head officer of any city (etc.) and two aldermen or two other discreet burgesses ... if there be no aldermen, may appoint any such woman as is of the age of 12 years and under the age of 40 years and unmarried and forth of service ... to be retained or serve by the year or by the week or day for such wages and in such reasonable sort as they shall think meet; and if any such woman shall refuse so to serve, then it shall be lawful for the said justices [etc.] to commit such woman to ward until she shall be bounden to serve as aforesaid.

XVIII. And for the better advancement of husbandry and tillage and to the intent that such as are fit to be made apprentices to husbandry may be bounden thereunto, ... every person being a householder and having half a ploughland at the least in tillage may receive as an apprentice any person above the age of 10 years and under the age of 18 years to serve in husbandry until his age of 21 years at the least, or until the age of 24 years as the parties can agree ...

XIX. Every person being an householder and 24 years old at the least, dwelling in any city or town corporate and exercising any art, mistery or manual occupation there, may after the feast of St. John Baptist next coming ... retain the son of any freeman not occupying husbandry nor being a labourer and inhabiting in the same or in any other city or town incorporate, to be bound as an apprentice after the custom and order of the city of London for 7 years at the least, so as the term of such apprentice do not expire afore such apprentice shall be of the age of 24 years at the least.

XX. Provided that it shall not be lawful to any person dwelling in any city or town corporate exercising any of the misteries or crafts of a merchant trafficking into any parts beyond the sea, mercer, draper, goldsmith, ironmonger, embroiderer or clothier that doth put cloth to making and sale, to take any apprentice or servant to be instructed in any of the arts [etc.] which they exercise, except such servant or apprentice be his son, or else that the father or mother of such apprentice or servant shall have ... lands, tenements (etc.) of the clear yearly value of 40s. of one estate of inheritance or freehold at the least....

XXI. From and after the said feast of St. John the Baptist next, it shall be lawful to every person being an householder and 24 years old at the least and not occupying husbandry nor being a labourer dwelling in any town not being incorporate that is a market town ... and exercising any art, mistery or manual occupation ... to have in like manner to apprentices the children of any other artificer not occupying husbandry nor being a labourer, which shall inhabit in the same or in any other such market town within the same shire, to serve as apprentices as is aforesaid to any such art [etc.] as hath been usually exercised in any such market town where such apprentice shall be bound.

XXII. Provided that it shall not be lawful to any person dwelling in any such market town exercising the art of a merchant trafficking into the parts beyond the seas, mercer [etc. as above, section XX] to take any apprentice or in any wise to instruct any person in the arts [etc.] last before recited, after the feast of St. John Baptist aforesaid, except such servant or apprentice shall be his son, or else that the father or mother of such apprentice shall have lands [etc.] of the clear yearly value of 3l. of one estate of inheritance or freehold at the least....

XXIII. From and after the said feast it shall be lawful to any person exercising the art of a smith, wheelwright, ploughwright, millwright, carpenter, rough mason, plaisterer, sawyer, lime-burner, brickmaker, bricklayer, tiler, slater, healyer, tilemaker, linen-weaver, turner, cooper, millers, earthen potters, woollen weaver weaving housewives' or household cloth only and none other, cloth-fuller otherwise called tucker or walker, burner of ore and wood ashes, thatcher or shingler, wheresoever he shall dwell, to have the son of any person as apprentice ... albeit the father or mother of any such apprentice have not any lands, tenements or hereditaments.

XXIV. After the first day of May next coming it shall not be lawful to any person, other than such as now do lawfully exercise any art, mistery or manual occupation, to exercise any craft now used within the realm of England or Wales, except he shall have been brought up therein seven years at the least as apprentice in manner abovesaid, nor to set any person on work in such occupation being not a workman at this day, except he shall have been apprentice as is aforesaid, or else having served as an apprentice will become a journeyman or be hired by the year; upon pain that every person willingly offending shall forfeit for every default 40s. for every month.

XXV. Provided that no person exercising the art of a woollen cloth weaver, other than such as be inhabiting within the counties of Cumberland, Westmoreland, Lancaster, and Wales, weaving friezes, cottons or housewives' cloth only, making and weaving woollen cloth commonly sold by any clothier, shall have any apprentice or shall instruct any person in the science of weaving aforesaid in any place (cities, towns corporate, and market towns only except), unless such person be his son, or else that the father or mother of such apprentice or servant shall ... have lands [etc.] to the clear yearly value of 3l. of an estate of inheritance or freehold ... upon pain of forfeiture of 20s. for every month.

XXVI. Every person that shall have three apprentices in any of the said crafts of a cloth-maker, fuller, shearman, weaver, tailor or shoemaker shall keep one journeyman, and for every other apprentice above the number of the said three apprentices one other journeyman, upon pain of every default therein, 10l.

XXVII. [Proviso for worsted-makers of Norwich.]

XXVIII. If any person shall be required by any householder having half a ploughland at the least in tillage to be an apprentice and to serve in husbandry, or in any other kind of art before expressed, and shall refuse so to do, then upon the complaint of such housekeeper made to one Justice of Peace of the county wherein the said refusal is made, or of such householder inhabiting in any city, town corporate, or market town to the mayor, bailiffs or head officer of the said city [etc.] ... they shall have full power to send for the same person so refusing; and if the said Justice or head officer shall think the said person meet to serve as an apprentice in that art ... the said Justice or head officer shall have power ... to commit him unto ward, there to remain until he will be bounden to serve ... and if any such master shall evil entreat his apprentice ... or the apprentice do not his duty to his master, then the said master or apprentice being grieved shall repair unto one Justice of Peace within the said county or to the head officer of the place where the said master dwelleth, who shall ... take such order and direction between the said master and his apprentice as the equity of the case shall require; and if for want of good conformity in the said master the said Justice or head officer cannot compound the matter between him and his apprentice, then the said Justice or head officer shall take bond of the said master to appear at the next sessions then to be holden in the said county or within the said city [etc.] ... and upon his appearance and hearing of the matter ... if it be thought meet unto them to discharge the said apprentice, then the said Justices or four of them at the least, whereof one to be of the quorum, or the said head officer, with the consent of three other of his brethren or men of best reputation within the said city [etc.] shall have power ... to pronounce that they have discharged the said apprentice of his apprenticehood ...: and if the default shall be found to be in the apprentice, then the said Justices or head officer, with the assistants aforesaid, shall cause such due punishment to be ministered unto him as by their wisdom and discretions shall be thought meet.

XXIX. Provided that no person shall by force of this Statute be bounden to enter into any apprenticeship, other than such as be under the age of 21 years.

XXX. And to the end that this Statute may from time to time be ... put in good execution ... be it enacted, That the Justices of Peace of every county, dividing themselves into several limits, and likewise every mayor or head officer of any city or town corporate, shall yearly between the feast of St. Michael the Archangel and the Nativity of our Lord, and between the feast of the Annunciation of our Lady and the feast of the Nativity of St. John Baptist ... make a special and diligent inquiry of the branches and articles of this Statute and of the good execution of the same, and where they shall find any defaults to see the same severely corrected and punished without favour ... or displeasure.

XXXI.... Every Justice of Peace, mayor, or head officer, for every day that he shall sit in the execution of this Statute, shall have allowed unto him 5s. to be paid ... of the fines [etc.] due by force of this Statute....

XXXII. [Procedure for recovery of penalties.]

XXXIII. Provided always that this Act shall not be prejudicial to the cities of London and Norwich, or to the lawful liberties [etc.] of the same cities for the having of apprentices.

XXXIV. [Contracts of apprenticeship contrary to this Act to be void, and a penalty of 10l.]

XXXV. [Contracts of apprenticeship to hold good though made while the apprentice is under age.]

[Footnote 280: This provision was repealed in 1597.]

7. PROPOSALS FOR THE BETTER ADMINISTRATION OF THE STATUTE OF ARTIFICERS [S.P.D., Eliz., Vol. 88, No. 11], 1572.

Whereas there passed an act in the Parliament holden at Westminster in the fifth year of the reign of our most gracious Sovereign Lady the Queen's Majesty that now is, touching divers good and laudable orders for artificers, labourers, servants of husbandry, and apprentices; in the which act, amongst divers and sundry good branches therein contained, there are two specially to be noted, which, as it should seem, were then and therein specially enacted for the only means of the better maintaining of the same act in the full strength and virtue, according to the true meaning thereof: which have been, and yet daily are, as well by the subtle devices of some lewd servants, as also by the disorderly dealings of some masters, mistresses, and dames, not only neglected, but also wilfully violated and broken, whereby the true, good and godly meaning of the same act, for so good and laudable an order provided in that behalf, doth and will daily grow to be accounted as frustrate and of none effect: and as it now already is the chief, or only, cause of the great number of idle vagabonds, wherewith the realm at this present is so replenished: so, without it shall please the Queen's Majesty by good advice to provide some speedy remedy therefore, it will not only be a means of the increasing of them but also of their maintenance.

The two branches to be noted are these:--

The points wherein the masters, mistresses, dames, and servants do so abuse the two foresaid branches, that they be in a manner to frustrate.

It is too manifest, that divers and sundry servants, retained as well in husbandry as in other the arts and sciences aforesaid, and others out of those sciences throughout the whole Realm do daily, notwithstanding this act, and without any fear of the penalty thereof, at their pleasures before the time of their covenanted service be expired, either purloin somewhat from their masters, mistresses, and dames, and so suddenly run away, or else, not willing to be rebuked for their faults, do quarrel with them, and so boldly depart away without any certificate[281] or testimonial for their discharge: and being thus disorderly departed do forge a testimonial, or get one to forge it for them, although they give 12d. or 2s. for the doing thereof, whereas, if they had orderly departed, [it] should have cost them but 2d.: and with such testimonial dare boldly pass from one shire to another, yea some time from one parish to another, and there be retained till they find the like means, or pick the like occasion to depart in like disorder. And the very cause why they dare thus boldly and disorderly depart, leaving their masters, mistresses, and dames destitute in their most need, is for that no order is kept, according to the Statute, in the making, signing, and delivering of the testimonials: but [they] be made by the masters themselves or by some other in their houses that can write, and being so disorderly made, do, as disorderly, sign and deliver the same without calling either parson, vicar, or other officer to the same: which is a very good cause for a very simple servant, seeing how slight a testimonial will serve him to pass with, to move him to forge the like at all times after to serve his turn. And yet if they were orderly made, signed, and delivered, according to Statute, it could no better serve his turn to pass with than one of these: for if he pass a shire or two off from the place where he last served, neither the marks nor names thereunto signed be there known scarce to one among a thousand.

For the second branch.--It is likewise too manifest, that there be many masters, mistresses and dames, knowing how much the order of these certificates or testimonials be abused, which have not letted to retain such servants so departed without showing any certificates or testimonials at all, willing for necessity's sake to retain rather a simple vagabond coming without his certificate, than a subtle vagabond coming with his forged testimonials, as he doubteth, and yet perchance is true indeed. But that is too hard for them to know, for that the names therein are to them unknown, and the places, far asunder, not easy to be tried: and so sometime an honest poor servant indeed passeth unhired for want of good order keeping in these testimonials, and a very vagabond indeed is some time hired in hope of his simplicity. And the masters, mistresses, and dames be commonly deceived by both kinds when they stand in most need of their service.

The cause why these good and laudable orders run to such decay by the foresaid abuses, is, for that no one person hath any benefit, worth the pains, and charges, to look to the redress hereof: the same being so hard and painful a matter to be done throughout the realm, and therewithall so chargeable.

Therefore if it may please the Queen's Majesty of her Highness' most gracious benignity, for the better and speedier reformation hereof, to appoint and give authority by her Majesty's Letters Patents for term of years unto us, her Highness' most humble subjects, Richard Carmarden and Edmond Mathew, our deputies and assigns, to give out one uniform order of testimonials to every shire and parish throughout the realm at our only costs and charges, taking therefore in recompense as well of our said costs and charges, as also for our travails which we shall bestow therein, no more than is already limited by the said Statute, which is but two pence for every testimonial:[282] and that also these articles here following may be annexed to the said Statute by this Parliament.

First, That there be no other certificates or testimonials used in the realm, to be delivered to any servants by any person or persons, but only such as shall be made and delivered by such as her Majesty hath or shall appoint by her Highness' Letters Patents to do the same.

Secondly, That every servant so departing and having received one of the same certificates or testimonials, and seeking again to serve, shall first deliver, to such as shall be there appointed to be the officer's deputies, his old testimonial cancelled, before he be again retained.

And thirdly, That none of the said certificates or testimonials, so orderly delivered to any servant, shall be any discharge for him to pass with for any longer time than for one month after the date thereof: and if any person be taken with any testimonial, the date thereof being so expired, then to be lawful for every head officer to take the said testimonial from him, and to deliver the same cancelled to the officer's deputy and to force him to serve or to be, etc.

[Footnote 281: For the working of the system of certificates, see No. 14, pp. 352-3.]

[Footnote 282: For this method of delegating administration to private speculators see Section V of this Part, Nos. 14 and 22.]

8. DRAFT OF A BILL FIXING MINIMUM RATES FOR SPINNERS AND WEAVERS [S.P.D., Eliz., Vol. 244, No. 129], 1593.

An Act as well to avoid deceits done by spinners of woollen yarn, and weavers of woollen cloths, and to increase their wages, as also to reform the great abuses and oppressions done to her Majesty's good subjects by regrators of woollen yarn, commonly called yarn choppers or jobbers of yarn.

Forasmuch as divers Laws and Statutes have been heretofore ordained for the true making of woollen cloths, and divers penalties, in some cases of money, and in some other cases of the cloths themselves, are by the same Laws and Statutes imposed upon clothiers, by whom many thousands of her Majesty's subjects are set to work, and maintained; and that it falleth out many times, that divers faults punishable even with the loss of their cloths without the clothiers' fault are voluntarily committed by their spinners and weavers, by the one's deceitful spinning their yarn, and by the other's false weaving the same into cloth; and forasmuch as necessity doth partly enforce them thereunto, for lack of sufficient wages and allowance for their workmanship at the hands of the clothier, whereby to sustain the poor estate of themselves, their wives and children; at the humble petition as well of the said clothiers, as also of their said spinners and weavers, and first for the avoiding of all deceitful dealing between the clothiers and their weavers, Be it enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, and by the authority of the same:--That all wool which, after the feast of Easter next, shall be delivered for or by any clothier to any person or persons to be spun, shall be delivered by true and lawful weight, and that all and every spinner and spinners shall deliver again to or for such clothier yarn of the same wool by the same true and lawful weight (all necessary waste thereof excepted) without concealing any part thereof, or deceitfully putting thereunto any oil, water, or other thing, upon pain that every spinner doing the contrary shall forfeit four times the value that such deceit by any such spinner committed or done shall amount unto. And for the better relief of all and every the said spinner and spinners, be it further enacted by the authority aforesaid, that after the said feast all and every clothier and clothiers and spinsters to the market shall pay for the spinning of every pound weight of the best sorting warp three pence, of every pound weight of the second warp two pence halfpenny, of every pound weight of the worst warp to be used in sorting cloths two pence farthing, of every pound weight of the best abbs[283] two pence halfpenny, of every pound weight of the best sorting abbs two pence, and of every pound weight of the worst sorting abbs to be used in sorting cloths three halfpence farthing, of every pound weight of single list three halfpence, upon pain to forfeit for every penny that any such clothier shall withhold or detain from any spinner contrary to the charitable intent of this statute twelve pence.

To avoid all evil and corrupt dealing between clothiers and their weavers, be it enacted by the authority aforesaid:--That all and every weaver and weavers which after the said feast, shall have the weaving of any woollen yarn to be webbed into cloth, shall weave, work, and put into the web, for cloth to be made thereof, as much and all the same yarn, as any clothier, or any other person for or in the behalf of any clothier, shall deliver to the same weaver with his used mark put to the same, without changing, or any parcel thereof leaving out of the same web, or else shall restore to the same clothier the surplusage of the same yarn, if any shall be left not put into the same web, without deceitfully putting of any deceivable brine, moisture, sand, dust, or other thing thereunto, upon pain to forfeit four times the value that such deceit by any such weaver committed or done shall amount unto. And for the better relief of all and every the said weaver and weavers be it further enacted by the authority aforesaid, that after the said feast all and every clothier and clothiers shall pay for the weaving of every ell[284] containing three pounds weight in yarn, of every broad listed cloth, as it shall be laid upon the bar and which shall be woven in a fourteen hundred sley, sixteen pence, for the weaving of every ell, containing three pounds weight and three-quarters in yarn of every broad listed cloth, as it shall be laid upon the bar and which shall be woven in a thirteen hundred sley, fourteen pence, and for every beer[285] between thirteen hundred and fourteen hundred twelve pence, for the weaving of every ell containing three pounds weight and three-quarters at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a twelve hundred sley, ten pence, and for every beer between twelve hundred and thirteen hundred two shillings, for weaving of every ell containing three pounds weight and an half at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a eleven hundred sley, eight pence, and for every beer between eleven hundred and twelve hundred, twelve pence, for weaving of every ell containing three pounds weight and an half at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a ten hundred sley, six pence, and for every beer between ten hundred and eleven hundred twelve pence, for weaving of every broad listed cloth, that shall be woven in a sley under a ten hundred, and that shall contain thirty ells as it shall be laid upon the bar, twelve shillings, for the weaving of every broad listed cloth that shall be woven in a sley under a ten hundred, and that shall contain eight and twenty ells as it shall be laid upon the bar, ten shillings, for weaving of every narrow listed sorting cloth that shall be woven in a ten hundred sley, ten shillings, for the weaving of every narrow listed sorting cloth that shall be woven in a nine hundred sley, nine shillings, for the weaving of every narrow listed sorting cloth that shall be woven in an eight hundred sley, eight shillings, and for the weaving of every beer over and above in any of the said sleys of the said narrow listed cloths three pence, upon pain to forfeit for every penny that any clothier shall withhold or detain from any weaver contrary to the true intent of this act twelve pence.

And be it further enacted by the authority aforesaid that wheresoever any greater wages hath been heretofore usually given for spinning any of the sorts of yarn aforesaid or for weaving any of the sorts of cloths aforesaid, that there and in all such place the same wages or greater shall after the said feast be given without any diminution thereof, upon pain that every clothier shall forfeit for every penny that he or she shall so detain from any spinner or weaver contrary to the true intent of this act twelve pence, any the rate or wages before in this act particularly limited and appointed to weavers notwithstanding. And be it further enacted by the said authority, that after the said feast no clothier, for the weaving of any his or her white cloths, shall use or cause to be used any sley of less breadth than eleven quarters and three nails of the yard in white work beside the list, upon pain to forfeit for every such default ten shillings. And be it further enacted by the authority aforesaid that after the said feast no clothier shall use any warping bar that shall contain any greater length than three yards from one pin to another upon pain to forfeit for every such default ten shillings. And further be it enacted by the authority aforesaid that justices of assize in their circuits, justices of peace in their sessions, sheriffs in their turns, stewards in their leets and lawdays, mayors, sheriffs, and bailiffs of cities, boroughs and towns corporate in their courts, shall and may inquire, hear, and determine from time to time all and every the said offences committed and done within the limits of their several jurisdictions and authorities.

[Here follow provisions as to the division of fines.]

And forasmuch as divers evil-disposed persons commonly called yarn choppers or jobbers of woollen yarn, wanting the fear of God, and caring only for their own private gain without having any regard to the maintenance of the commonwealth, using no trade either of making woollen cloths, or of any other thing made of woollen yarn, inverting the true intent of the statute made in the eighth year of our late Sovereign Lord King Henry the sixth among other things especially to destroy the falsity of regrators of yarn called yarn choppers, to their own malicious purpose, do in every fair and market buy up and get into their hands so great quantities of woollen yarn, that the clothiers and others using lawful trade wherein woollen yarn must need be occupied, and by which trade many thousands of her Majesty's poor subjects are relieved, are driven for their necessity sake to buy the same at their hands deceitfully handled and at such unreasonable price as they list to set upon the same, whereby the clothiers and others using divers lawful ways and means for the employment of woollen yarn, are very greatly hindered, and such drones, idle members and evil weeds in a commonwealth by such oppressions maintained and greatly enriched, for remedy whereof be it enacted established and ordained by the authority aforesaid:--That no manner of person or persons shall after the said feast of Easter next buy, bargain, take, or make any promise for bargain or sale of or for any woollen yarn but only such person or persons as are known to be makers of woollen cloth or other thing made of woollen yarn or mixed with woollen yarn, his or their wife or wives or his or their children, apprentices or servants, inhabiting in his or their mansion house or houses, and who shall or may lawfully make of the said woollen yarn any kind of bayes, knit hose, arras, tapestry, coverlets, or any other thing or things used to be made of woollen yarn or mixed with woollen yarn, upon pain of forfeiture of all woollen yarn to be bought, or whereof any promise for bargain or sale thereof shall be taken or made contrary to the true meaning of this act, in whose hands soever any such woollen yarn shall be found, and further to incur all the pains and penalties limited to yarn choppers by the said act made in the eighth year of King Henry the sixth.

[Here follows provisions as to the division of fines.]

[Footnote 283: i.e., wefts.]

[Footnote 284: The words from "ell" to "fourteen hundred" have been crossed out in the original, and the rest of the passage as far as the end of the paragraph (p. 339) is bracketed as if for cancellation. Interlined is the following substituted clause, to be read after the words "for the weaving of every":--"of their best fine cloths vjs. viijd., and for their second sort of fine cloths iiijs., and for their least sort of fine cloths iijs., and for the best sort of sorting cloths ijs., and for the middle and least sort of sorting cloths or pack cloths with narrow lists, xviijd., more than was given by any clothier in any of the said counties or elsewhere of like making for the weaving of every or any of the said sorts of cloths at or before the feast of Xmas last past."]

[Footnote 285: i.e., the (variable) number of ends into which a warp is divided in the process of warping.]

9. DRAFT PIECE-LIST SUBMITTED FOR RATIFICATION TO THE WILTSHIRE JUSTICES BY CLOTHIERS AND WEAVERS [Hist. MSS. Com., Vol. I, p. 162, The Records of Quarter Sessions in the County of Wiltshire], 1602.

Apud Trowbridge, 30 December A.o. xlv{to} Elizabethae Reginae.

The just proportions of the several works put forth by the Clothiers of the County of Wilts both to the Weavers and Spinners, with the valuation of the wages according as every sorts of work do deserve by reason of the fineness of the wool and spinning of every sort of work; as also by reason of the hard working of every sort with the usual numbers of hundreds, beers[286] and abbs which is commonly put forth to every several cloth, which is the best rate by which we can keep apportion, set down by us the clothiers of the said county.

Imprimis we think a weaver is worth to have for the weaving of a cloth of 700 viis. And for every beer above 700 and under 800 iid. The spinning of these sorts of warp is worth the pound iid. And the spinning of the abb is worth the pound 1d. ob. Item, one of 800 of white work is worth the weaving viiis. And for every beer above 800 and under 900[287] iid. ob. The spinning of these sorts of warp worth the pound iid. ob. The spinning of the Abbe worth the pound id. ob. These sorts of broad lists are more worth than the narrow lists by the cloth xiid. The hanking is worth xiid.

[Scales are also given for 900, 1000, 1100, and 1200 lbs. A graduated rise in price varying from xiid. in the case of a cloth of 900 lbs. to iis. for a cloth of 1100 to 1200 lbs. is awarded; for every beere id. up to vid., and for every pound of abbe above 54 and not above 60 xviiid., and above 60 lbs. xxd.]

Clothiers Signing--

William Yerbury. Nicholas Phippe. John Usher. Walter Yerbury. John Yewe. Edward Cogswell. Richard Dycke.

Weavers Signing--

Hugh Watts. Henry Cappe. William Rundell. Henry Prior. Thomas Lavington. Bartholomew Skege.

[Footnote 286: For the meaning of "beer" and "abb" see notes to document No. 8.]

[Footnote 287: Instead of "about 800 under 900," as printed in op. cit.]

10. AN ACT EMPOWERING JUSTICES TO FIX MINIMUM RATES OF PAYMENT [_1 James I, c. 6. Statutes of the Realm, Vol. IV, Part II, pp. 1022-24_], 1603-04.

... And whereas the said act [i.e. 5 Eliz., c. iv] hath not, according to the true meaning thereof, been duly put in execution, whereby the rates of wages for poor artificers, labourers and other persons whose wages were meant to be rated by the said act, have not been rated and proportioned according to the plenty, scarcity, necessity, and respect of the time, which was politicly intended by the said act, by reason that ambiguity and question have risen and been made whether the rating of all manner artificers, workmen and workwomen, his and their wages, other than such as by some statute and law have been rated, or else such as did work about husbandry, should or might be rated by the said law; Forasmuch as the said law hath been found beneficial for the commonwealth, be it enacted by authority of this present parliament, that the said statute, and the authority by the same statute given to any person or persons for assessing and rating of wages, and the authority to them in the said act committed, shall be expounded and construed, and shall by force of this act give authority to all persons having any such authority to rate wages of any labourers, weavers, spinsters, and workmen or workwomen whatsoever, either working by the day, week, month, year, or taking any work at any person or persons' hands whatsoever, to be done in great or otherwise....

And furthermore be it enacted by the authority aforesaid, that if any clothier or other shall refuse to obey the said order, rate or assessment of wages as aforesaid, and shall not pay so much or so great wages to their weavers, spinsters, workmen or workwomen as shall be so set down rated and appointed, according to the true meaning of this act, that then every clothier and other person and persons so offending shall forfeit and lose for every such offence, to the party aggrieved, ten shillings: and that if the said offence and offences of not paying so much or so great wages to their said workmen, workwomen and others shall be confessed by the offender, or that the same shall be proved by two sufficient and lawful witnesses before the justices of peace in their quarter sessions of the peace, the justices of assize in their sessions, or before any two justices of the peace, whereof one to be of the quorum; that then every such person shall forthwith stand and be in law convicted thereof; which said forfeiture of ten shillings shall be levied by distress and sale of the offenders goods, by warrant from the said justices before whom any such conviction shall be had; which sale shall be good in law against any such offender or offenders....

Provided nevertheless and be it enacted by the authority aforesaid, That no clothier, being a justice of peace in any precinct or liberty, shall be any rater of any wages for any weaver, tucker, spinster, or other artizan that dependeth upon the making of cloth; and in case there be not above the number of two justices of peace within such precinct or liberty but such as are clothiers, that in such case the same wages shall be rated and assessed by the major part of the common council of such precinct or liberty, and such justice or justices of peace (if any there be) as are not clothiers.

11. ADMINISTRATION IN WILTSHIRE OF ACTS REGULATING THE MANUFACTURE OF CLOTH [Hist. MSS. Com., Vol. I, pp. 74-5], 1603.

Orders agreed upon for the occupation of weavers.[288]

First, that no person using the trade of weaving woollen cloth be suffered to keep more looms than that the statute made ao v{to} Elizabethae alloweth. 2. Item, that all such persons as are now permitted to be master weaver, and themselves have not served their full term of apprenticeship, whether he be above or under the age of xxxtie years and married or unmarried, shall not make or take any apprentice to serve him as apprentice hereafter, neither shall any serve him as an apprentice. 3. Item, that every such person permitted to be a master weaver which hath not served his full years of apprenticeship shall not keep above one loom going; and no apprentice to work with him but a journeyman or journeymen. 4. Item, none hereafter to be made apprentice to the art of weaving broad cloth but according to the form of the statute ut supra. 5. Item, that all such as are now allowed to be apprentices, their names to be registered, and none hereafter to be made apprentices but such persons as are appointed overseers of the said occupation to be first made acquainted thereof, to the end no abuse may be suffered, nor unlawful shift used to defraud the true meaning of the said statute. 6. Item, that no weaver shall sell his apprentice and take another before the first have served seven years. 7. Item, that none shall work as a journeyman except he bring certificate that he hath served full seven years, or his master to testify the same. 8. Item, that no clothman shall keep above one loom in his house, neither any weaver that hath a ploughland shall keep more than one loom in his house. 9. Item, that no weaver shall keep two apprentices in one loom working except one of them be in his last year. 10. Item, that no apprentice shall come forth of his covenant of apprenticeship before he be four and twenty years of age, to avoid young marriages and the increase of poor people. 11. Item, that no person or persons shall keep any loom or looms going in any other house or houses beside their own, or maintain any to do the same. 12. Item, that all those that have entered into the trade of broad weaving contrary to the statute within these two years may be expelled and put from the same trade, and all those that are journeyman (sic) and have not served their time, if they be not married, may return and serve their seven years out, or else to be put from their occupation. 13. Item, that all those that are entered in contrary to the statute, having other things to live upon, may be expelled, and put from the trade. 14. Item, that all weavers dwelling in any town corporate, borough, or market town, may call into their fellowship all weavers dwelling within three miles compass of any of the said towns, as well journeymen and [as?] masters, and that there may be so many overseers of these said companies as may be fit for the same. 15. Item, that every master weaver of these several companies may have a meeting once every quarter, whereby they may have the examination of those things that may be amiss amongst them, to the end no disorder rise amongst them as in time past hath been, and that every broad weaver keeping a loom may give quarterly ivd. towards the relief of their poor brethren that shall need. 16. Item, that the master of every several company may call before them every particular offender in matters pertaining to their occupation, whether it be master or journeyman or apprentice, to the end that drunkenness, idleness, or pilfering of their masters' stuff may be punished by laws fit for any of these offences. 17. Item, that any of those that shall disobey any of these good orders that are set down, that there may be such penalties inflicted upon any such persons as may be able to suffice them, and shall be agreeable with the laws of the realm, and by such persons as are thereunto authorised by the statutes and laws.

James Martin. Henry Martyn. G. Tooker. Hen. Poole. James Ley. Thos. Hungerforde. Edmund Lamberte.

[Footnote 288: The original heading, for which that above was afterwards substituted, runs:--"A table to be presented for and concerning the occupation of weaving by the sworn men unto Henry Priour authorized for that purpose." It is probable that the "sworn men" were clothiers and weavers (see No. 9), and that Henry Priour was a justice.]

12. ASSESSMENT MADE BY THE JUSTICES OF WILTSHIRE, DEALING MAINLY WITH OTHER THAN TEXTILE WORKERS [Hist. MSS. Com., Vol. I, pp. 162-167, The Records of Quarter Sessions in the County of Wilts], 1604.

... third day of May in the first year of our Sovereign Lord James by the grace of God King of England ... Defender of the Faith, and upon diligent respect and consideration by ... for the time ... according to the form of a statute made in the first[289] year of the reign of our late Sovereign Lady Queen ... hereafter particularly ensueth.

Wages by the year for husbandry.

A bailiff of husbandry shall not take by the year of wages above liiis. iiiid. and a livery or xs. for the same.

A chief shepherd which keepeth one thousand sheep and above shall not take by the year of wages above xls., and a livery or viiis. for the same, and pasture or feeding for xxt sheep all the year or xiid. for every of them.

A shepherd which keepeth six hundred sheep shall not take of wages above xxiiis. iiid., and a livery or vis. for the same, and feeding for ten sheep all the year or xiid. for every of them.

A chief hind of husbandry and a chief carter shall not take by the year of wages above xls. and a livery or viiis.

A common servant of husbandry and a common shepherd above the age of xxi years shall not take by the year [either of] them of wages above xxxiiis. iiiid. and a livery or vis. viiid. for the same.

All other servants and shepherds under xxi years and above xvi years shall not take by the year of wages above xxs. and a livery or vs. for the same.

A chief woman servant shall not take by the year of wages above xxxs. and a livery or vs. for the same.

Every other woman servant above xvi years of age shall not take by the year of wages above xxs. and a livery or vs. for the same.

Wages by the day for labourers in harvest and at all other times of the year in husbandry.

Mowers of grain by the day with meat and drink shall not take of wages above vd. and without meat and drink not above xd.

Men labourers in haymaking or gripping of lent corn shall not take by the day with meat and drink of wages above iiiid. and without meat and drink not above viiid.

Women labourers in haymaking or gripping of lent corn shall not take by the day with meat and drink of wages above iiid. and without not above vid.

Mowers of corn shall not take by the day with meat and drink of wages above vd., and without meat and drink not above xd.

Men reapers of wheat and rye shall not take by the day with meat and drink of wages not above vd., and without meat and drink not above xd.

Women reapers of wheat and rye shall not take by the day with meat and drink not above iiiid. and without meat and drink not above ixd.

Every hedger, ditcher, thresher and other like labourer in husbandry not afore named shall not take by the day from Michaelmas to the Annunciation of our Lady of wages with meat and drink not above iiid., and without meat and drink not above viid., and that at the election of the hirer; and from the Annunciation of our Lady unto Michaelmas of wages by the day with meat and drink not above iiiid., and without meat and drink not above viiid., and that at the election of the hirer.

Wages for Taskwork without Meat and Drink.

For reaping and binding of wheat, rye, or beans, for every acre by the lug not above xxd.

Mowing of barley for every acre by lug not above vd.

Mowing of oats for every acre by lug not above iiiid.

Hacking or hawming of pease or fatches for every acre by lug not above xiid.

Mowing of grass for every acre by lug not above xd.

Making of hay for every acre by lug not above ixd.

Threshing of wheat, rye, pease, beans, or fatches, for every quarter, not above xd.

Threshing of barley or oats for every quarter not above vid.

Ditching, planting, and hedging of a perch containing sixteen foot and a half in length, three foot in depth, and five foot in breadth in gravel or stony ground, and setting the same with two chests of plants and making hedge for every perch, not above vid.

Ditching, planting, and hedging after the same order in other sandy or easy grounds, by the lug of like awise not above vd.

Making of hedge for every perch not above 1d.

Making of plaisted hedge and other fenced hedge more strong and scouring of the ditch, for every perch not above iid.

Paling and railing with one rail, felling and clearing of timber and digging of the holes for the posts, for every perch not above xd.

Railing with double rails with felling and clearing of timber and digging of the holes for the posts, for every perch not above vd.

Railing with single rail after the same sort, for every perch not above iiid.

Sawing of board or timber for every hundred not above xviid.

Wages by the day for these artificers following.

For a Master Carpenter } None of these shall take by the For a Master Free Mason } day from Michaelmas to the For a Master rough Mason } Anunciation of our lady with For a Master Bricklayer } meat and drink of wages not For a Master Plumber } above vd., and without meat and For a Master Glazier } drink not above xd. For a Master Carver } And from the Annunciation of For a Master Joiner } our Lady to Michaelmas not For a Master Millwright } above vid., with meat and drink, For a Master Wheelwright } and without meat and drink not For a Master Plasterer } above xid., by the day.

For every common workman or journeyman of these sciences from Michaelmas to the Annunciation of our Lady of wages by the day with meat and drink not above iiid., and without meat and drink not above viid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above iiiid., and without meat and drink not above viid.

For every apprentice of these sciences and for every labourer to attend to serve them, from Michaelmas to the Annunciation of our Lady with meat and drink not above iid., and without meat and drink not above vd., and from the Annunciation of our Lady to Michaelmas with meat and drink not above iiid., and without meat and drink not above viid.

Wages by the day for these occupations following:--

For a chief ploughwright by the day from Michaelmas to the Annunciation of our Lady with meat and drink not above iiiid., and without meat and drink not above viiid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above vd., and without meat and drink not above xd.

For sawyers the couple from Michaelmas to the Annunciation of our Lady with meat and drink not above viiid., and without meat and drink not above xvid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above xd., and without meat and drink not above xviiid. So always that the owner of the saw do have for every day 1d. more than his fellow.

For a Hellyer or Tiler } For a Shingler } Every one of these to take by the For a Brickmaker } day from Michaelmas to the Annunciation For a Limeburner } of our Lady with meat and For a Lathmaker } drink not above iiid., and without For a Quarrier } meat and drink not above viid. For a Pavier or Pitcher } For a Collier } And from the Annunciation of our For a Bondcaster } Lady to Michaelmas with meat and For a Thatcher } drink not above iiiid., and without For a Chandler } meat and drink not above viiid. For a Tinker } For a Painter }

Wages by the year for the journeymen of these occupations following with meat and drink.

For a miller by the year with meat and drink of wages not above xls., and a livery, or vis., viiid., for the same.

For a loader to the mill of wages not above xxvis., viiid., and a livery, or vis., for the same.

For a dyer, for a brewer, for a tanner, for a linen weaver, the chiefest to take by the year of wages not above ls., and all other common workmen of the same occupation of wages by the year not above xls. without any livery.

A Shoemaker } A Currier } A Woollen Weaver } The chiefest of these to take by the A Tucker } year of wages not above xls. A Fuller } A Shearman } A Clothworker } A Hosier } and every common workman of the the A Tailor } same occupation to take by the year A Baker } of wages not above xxvis., viiid. A Glover } A Girdler } A Spurrier } A Capper } A Hatter } A Feltmaker } A Bowyer } The chiefest of these to take by the A Fletcher } year of wages not above xls. An Arrowhead-maker } A Butcher } A Fishmonger } A Pewterer } A Cutler } A Smith } and every common workman of the A Sadler } same occupations to take by the year A Furrier or Skinner } of wages not above xxvis., viiid. A Parchment-maker } A Cooper } A Earthen Potmaker } A Turner }

Every master weaver or chief workman in that trade, working duly and truly, shall have of wages for weaving of a cloth of what sort soever after the rate of [blank] the day and every other ordinary workman of that trade, working as aforesaid, shall have for weaving of a cloth of what sort soever after the rate of [blank]; but they shall not take their wages for every day that they shall be about the making of a cloth, but only for so many days as good workmen of that trade following their labour duly and painfully may, if they will, make such a cloth.

Every master tucker, following his labour duly and painfully, shall take of wages by the week not above [blank], and every ordinary workman of the same trade, following his labour as aforesaid, shall take of wages by the week not above [blank]. Every woman spinner's wage shall be such as, following her labour duly and painfully, she may make it account to [blank] the day.

James Mervin. Wm. Eyre. Edw. Penruddock. Jasper More. John Dauntsey. Alexander Tutt. Jo. Ernlle. James Ley. Henry Martyn.

[Footnote 289: A mistake for fifth (see No. 6).]

13. ASSESSMENT MADE BY THE JUSTICES OF WILTSHIRE, DEALING MAINLY WITH TEXTILE WORKERS [Hist. MSS. Com., Vol. I, pp. 167-168, The Records of Quarter Sessions in the County of Wilts], 1605.

Wiltshire.--The declaration of the general rates of wages of servants, labourers, artificers, handycraftsmen, weavers, spinsters, workmen and workwomen within the foresaid county assessed and rated by the Justices of the Peace of the foresaid county, whose hands and seals are hereunder to these presents set, at the General Sessions of the Peace of the said county holden at the Devizes in the said county the ninth day of April in the year of the reign of our Sovereign Lord James by the grace of God, etc...., according to the Statutes in that case made and provided.

Imprimis, that the rates of the wages of servants, labourers, artificers, and handicraftsmen within the said county shall continue and be for this year now next ensuing in all respects as they were rated and assessed the last year next before.

Item that the rates of wages of the weavers and spinsters shall be for this year now next ensuing as follows, viz.:--

A weaver for weaving a cloth of 700 viis. And for every beer[290] above 700 and under 800 iid. 700 A spinner for spinning of a pound of these sorts of warp shall have iid. And for a pound of abb spinning id. ob. Item for weaving of a cloth of 800 viiis. And for every beer above 800 and under 900 iid. ob. 800 A spinner for spinning of a pound of these sorts of warp shall have iid. ob. And for a pound of abb id. ob. For a weaving of a broad listed white of this making ixs. For the hanking thereof xiid. Item for weaving of a cloth of 900 ixs. For every beer above 900 and under 1000 iiid. 900 A spinner for spinning of a pound of these sorts of warp shall have iid. ob. q. For the spinning of a pound of abb of that sort id. ob. q. And for every pound of abb wrought into a cloth above 54 and not above 60 xiid. Item for weaving of a cloth of 1000 xs. For every beer above 1000 and under 1100 iiiid. 1000 For every pound of abb above 54 and not above 60 xiid. For every pound of abb above 60 xvid. A spinner for spinning of a pound of these sorts of warp shall have iiid. ob. And for a pound of abb iid. Item for weaving of a cloth of 1100 being narrow listed with 54_li_ of abb xiis. For every beer above 1100 and not above 1200 vid. For every pound of abb above 54 and not above 60 xviiid. 1100 For every pound of abb above 60 pound xxd. and A spinner for spinning a pound of these 1200 sorts of warp shall have iiiid. And for a pound of abb iid. ob. For weaving of the broad listed whites of the three sorts of cloth next before mentioned xiiis. vid. For the hanking of them xiid.

James Mervin. Wa. Longe. Wm. Eyre. Jo. Ernele. Jaspar More. Edward Penrudock. H. Sadler. Jo. Dauntesey. John Hungerford. Wm. Bayles. Jo. Warneford. W. Blacker. Edw. Rede. Henry Martyn. G. Tooker. Anth. Hungerford. La. Hyde.

[Footnote 290: For the meaning of "beer" and "abb" see notes to document No. 8.]

14. ADMINISTRATION OF THE WAGE CLAUSES OF THE STATUTE OF ARTIFICERS [Atkinson, North Riding Quarter Sessions, Vol. I, pp. 27, 60, 69, 99, 105], 1605-8.

Jan. 17th, 1605. [Presented by the Jury.] John Bulmer of West Cottam, husbandman, for hiring servants without recording their names and salaries before the Chief Constable, contra formam statuti, etc., and also Rob. Harrison and Will Keldell both of the same, for the like....

Helmesly, Jan. 8, 1606. The inhabitants of Thirkleby, (Great and Little), for refusing to give the names of their servants and their wages to the constables of the said town or to the Head Constables. The inhabitants of Kilbornes, Over and Nether, for the like and for giving their servants more wages than the statute doth allow.

Thomas Gibson, of Easingwold, for retaining and accepting into his service one Will Thompson without shewing to the Head Officer, Curate or Churchwarden any lawful testimonial.

Will Burnett, of Bawker, for refusing to pay pence for entering his servants' names; Cuthbert Ivyson, of Awdwarke, husbandman, for retaining Tim Johnson, servant, at husbandry for 46s., contrary to the rates assessed by the Justices.

Thirske, April 14, 1607. Thomas Grange of East Harlesey, for refusing to give a note of his servants and their wages.

Malton, Jan. 12, 1607. Jane Kay of Fawdington within the constabulary of Bagby, for denying to give the names of her servants, nor tickets nor rates of her servants.

Malton, Jan. 12, 1607. Alice Sharrow, of New Milnes in Seazey parish, for taking more wages of Will Bell of Kascall than, etc.

Malton, Jan. 12, 1607. Thos. Wawne of Thorp Rawe, yeoman, for giving wages to ... Rymer his servant, exceeding the rate set down by the Justices.

15. ADMINISTRATION OF THE APPRENTICESHIP CLAUSES OF THE STATUTE OF ARTIFICERS [Atkinson, North Riding Quarter Sessions, Vol. I, pp. 106 and 121], 1607-8.

Malton, Jan. 12, 1607. [Presented by the Jury.] Thomas Cooke, ... webster, for trading, having never served vii years' apprentice....

Rob. Pybus of Beedall, for buying barley to malt to sell without license, and also useth the trade of malting, he being a very young man, unmarried, which is contrary to the statute.

Helmesley, July 12, 1608. Rob. Richardson of Sawdon, carpenter, for using that trade, having been but two years apprentice.

Fr. Storry of Gristropp, carpenter, for retaining one John Milborne and John Palmer as apprentices without indenture.

16. THE ORGANISATION OF THE WOOLLEN INDUSTRY[291] [_S.P.D. James I, Vol._ LXXX, 13], 1615.

The breeders of wool in all countries are of three sorts--

1. First those that are men of great estate, having both grounds and stock of their own, and are beforehand in wealth. These can afford to delay the selling of their wools and to stay the clothiers' leisure for the payment to increase the price. The number of these is small.

2. Those that do rent the king's, noblemen's and gents' grounds and deal as largely as either their stock or credit will afford. These are many and breed great store of wool; most of them do usually either sell their wools beforehand, or promise the refusal of them for money which they borrowed at the spring of the year to buy them sheep to breed the wool, they then having need of money to pay their Lady-day rent and to double their stock upon the ground as the spring time requireth, and at that time the clothiers disburse their stock in yams to lay up in stock against hay-time and harvest when their spinning fails. So that then farmers and clothiers have greatest want of money at one time.

3. The general number of husbandmen in all the wool countries that have small livings, whereof every one usually hath some wool, though not much. They are many in numbers in all countries and have great store of wool, though in small parcels. Many of these also do borrow money of the wool merchant to buy sheep to stock their commons. Their parcels being so small, the times of selling so divers, the distance of place so great between the clothier and them, it would be their undoing to stay the clothier's leisure for the time of their sale, or to be subject to him for the price....

These wools are usually converted by four sorts of people.

1. The rich clothier that buyeth his wool of the grower in the wool countries, and makes his whole year's provision beforehand and lays it up in store, and in the winter time hath it spun by his own spinsters and woven by his own weavers and fulled by his own tuckers, and all at the lowest rate for wages. These clothiers could well spare the wool buyers that they might likewise have wool at their own prices, and the rather because many of them be brogging clothiers and sell again very much, if not most, of the wool they buy.

2. The second is the meaner clothier that seldom or never travels into the wool country to buy his wool, but borrows the most part of it at the market, and sets many poor on work, clothes it presently, and sells his cloth in some countries upon the bare thread, as in Devonshire and Yorkshire, and others dress it and sell it in London for ready money, and then comes to the wool market and pays the old debt and borrows more. Of this sort there are great store, that live well and grow rich and set thousands on work; they cannot miss the wool chapman, for if they do they must presently put off all their workfolk, and become servants to the rich clothier for 4d. or 6d. a day, which is a poor living.

3. The third sort are such clothiers that have not stock enough to bestow, some in wool and some in yarn, and to forbear some in cloth as the rich clothiers do, and they buy but little or no wool, but do weekly buy their yarn in the markets, and presently make it into cloth and sell it for ready money, and so buy yarn again; which yarn is weekly brought into the markets by a great number of poor people that will not spin to the clothier for small wages; but have stock enough to set themselves on work, and do weekly buy their wool in the market by very small parcels according to their use and weekly return it in yarn, and make good profit thereof, having their benefit both of their labour and of the merchandise, and live exceeding well. These yarn-makers are so many in number that it is supposed by men of judgment that more than half the cloths that are made in Wilts, Gloucester, and Somersetshire is made by the means of these yarn-makers and poor clothiers that depend weekly upon the wool chapman, which serves them weekly with wool either for money or credit.

4. The fourth sort is of them of the new drapery, which are thousands of poor people inhabiting near the ports and coasts from Yarmouth to Plymouth and in many great cities and towns, as London, Norwich, Colchester, Canterbury, Southampton, Exeter and many others. These people by their great industry and skill do spend a great part of the coarse wools growing in the kingdom, and that at as high a price or higher than the clothiers do the finest wools of this country, as appeareth by a particular hereunto annexed....

[Footnote 291: Quoted Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, App. A, II.]

17. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF 5 ELIZ., c. 4 [Reports of Special Cases Touching Several Customs and Liberties of the City of London, collected by Sir H. Calthrop, 1655], 1615.

Hil. 12, Iac. 1 [Tolley's case]. It was agreed and resolved that an upholsterer is not a trade within that Stat. For first it is not a trade that is mentioned in any of the branches of the Statute, howsoever in all parts of the Statute there is mention made of 61 several trades and misteries. And if the artizans which at that time were assistants unto the committees for the expressing of all manner of trades had thought that the trade of an upholsterer had been such a trade that required art and skill for the encouraging of it, they would not have failed to make mention of it.... Thirdly the trade of an upholsterer doth not require any art or skill for the exercizing of it, inasmuch as he hath all things made to his hand, and it is only to dispose them in order after such time as they are brought to him ... and so he is like Aesop's bird which borroweth of every bird a feather, his art resting merely in the overseeing and disposition of such things which other men work, and in the putting of feathers into tick, and sewing them up when he hath done, the which one that hath been an apprentice unto it but seven days is able to perform. And the intent of this Statute was not to extend unto any other trade but such as required art and skill for the managing of them; and therefore it was adjudged in the Exchequer upon an information against one [space] in the 42nd year of the late Queen Eliz. that a costermonger was not a trade intended by the Statute of 5 Eliz., because his art was in the selling of apples, which required no skill or experience for the exercise of it. So an husbandman, tankardbearer, brickmaker, porter, miller, and such like trades are not within the Statute of 5 Eliz., cap 4, so as none may exercize them but such a one as hath been an apprentice by the space of 7 years; for they are arts which require ability of body rather than skill.

18. A PETITION TO FIX WAGES ADDRESSED TO THE JUSTICES BY THE TEXTILE WORKERS OF WILTSHIRE [Historical MSS. Commission, Vol. I, p. 94. The Records of Quarter Sessions in the County of Wilts.], 1623.

May it please you to be informed of the distressed estate of most of the weavers, spinners, and others that work on the making of woollen clothes, that are not able by their diligent labours to get their livings, by reason that the clothiers at their will have made their work extreme hard, and abated wages what they please. And some of them make such their workfolks to do their household businesses, to trudge in their errands, spool their chains, twist their list, do every command, without giving them bread, drink, or money for many days' labour. May it please you therefore, for the redressing of these enormities done by the clothiers, to appoint certain grave and discreet persons to view the straitness of works, to assess rates for wages according to the desert of their works, now especially in this great dearth of corn, that the poor artificers of these works of woollen cloth may not perish for want of food, while they are painful in their callings, so shall many families be bound to pray for your worships' happiness and eternal felicity.

Order signed by nine justices.

The petitioners to set down their names to this petition, and the place of their dwelling, and the clothiers dwelling next to the places of their habitations to be warned to be at Devizes the Thursday in the next Whitsun week, to confer with us hereabouts, that they call others grieved herein to attend us at that time.[292]

[Footnote 292: The final result of the meeting was that the Justices ordered the rates fixed to be published on market day at Devizes.]

19. APPOINTMENT BY PRIVY COUNCIL OF COMMISSIONERS TO INVESTIGATE GRIEVANCES OF TEXTILE WORKERS IN EAST ANGLIA [Privy Council Register. Charles I, Vol. 6, pp. 350-1], 1630.

At Whitehall the 16th February, 1630.

Present:

Lord Treasurer. Lord Privy Seal Lord High Chamberlain. Earl Marshall. Earl of Dorset. Lord V. Dorchester. Lord V. Wentworth. Lord V. Falkland. Lord Bishop of Winton. Lord Newburgh. Mr. Treasurer. Mr. Comptroller. Mr. Secretary Coke.

Whereas a petition was this day presented to the Board by Sylvia Harbert, widow, on the behalf of herself and divers others, showing that the poor spinsters, weavers and combers of wool in Sudbury and the places near adjoining thereunto, in the counties of Suffolk and Essex, are of late by the clothiers there (who are now grown rich by the labours of the said poor people) so much abridged of their former and usual wages, that they (who in times past maintained their families in good sort) are now in such distress by the abatement of their wages in these times of scarcity and dearth, that they are constrained to sell their beds, wheels and working tools for want of bread, as by the petition itself doth more at large appear, wherein the petitioners humbly sought to be relieved by some directions from this Board:--their Lordships upon consideration had thereof, have thought fit and ordered that the petition being first signed by the Clerk of the Council attendant shall be recommended to Sir Robert Crane, Bart., Sir Thomas Wiseman, Sir William Maxey, Sir Drewe Deane, Kt., Thomas Eden, Doctor of the Civil Law, Henry Gent, Esq., and Robert Warren, Justices of the Peace of the counties aforesaid, Richard Skinner and Benjamin Fisher, Aldermen of Sudbury, or to any four of them, whereof one Justice of the Peace of each county, and one of the said aldermen, to be three, who are hereby authorised and required to call before them such persons on either side, as they think fittest to inform them of the true state of these complaints, and thereupon to settle such a course for the relief of the petitioners by causing just and orderly payment to be made them of their due and accustomed wages, as that they may have no further cause to complain, nor the Board be further troubled herewithall. And in case any particular person shall be found (either out of the hardness of his heart towards the poor, or out of private ends or humours) refractory to such courses as the said commissioners shall think reasonable and just, that then they bind over every such person to answer the same before the Board.

20. REPORT TO PRIVY COUNCIL OF COMMISSIONERS APPOINTED ABOVE[293] [S.P.D. Charles I, Vol. 189, No. 40], 1630.

Right Honourable and our very good Lord,

We have according to your lordship's order from the Council Board, dated the 16th day of February, 1630, under the hand of the Clerk of the Council, called before us the saymakers, spinsters, weavers and combers, of Sudbury and the towns adjoining, and have examined the cause of the saymakers abating the wages of the spinsters, weavers and combers; and asking the saymakers why they did so abate, their answer was that all of that trade in other parts of the Kingdom did the like; but if it might be reformed in all other parts, they were content to give such wages as we should set down. Whereupon we did order, with the good liking of all parties, as in this enclosed paper is set down. We therefore humbly pray your lordships that the like order may be taken throughout all the kingdom with men of that trade, by way of His Majesty's proclamation, or any other order which may seem best to your lordships' wisdoms; for if the like order be not more general than to Sudbury and the towns adjacent, it must necessarily be their ruin and utter undoing. And so commending the same to your lordships' further direction, we humbly rest, your lordships' in all services to be commanded.

This xxvith of April, 1631.

Tho. Wyseman. Willi. Maxey. Dra Deane. He. Gent. R. Wareyn. Richard Skynner. Ben Fissher.

Endorsed,

27 April, 1631.

from the Justices of the Peace in the county of Essex concerning the Saymakers, Spinsters, Weavers and Combers of Sudbury.

Essex. An order made at our meeting at Halsted in the said county the eighth day of April Anno domini 1631 by virtue of an order from the Lords of the Council.

It is ordered and agreed upon by us whose names are hereunder written, that the saymakers within the town of Sudbury in Suffolk shall pay unto the spinsters for spinning of every seven knots, one penny, and to have no deduction of their wages, and that the reel whereon the yarn is reeled to be a yard in length, and no longer, and we do further order, that for all the white sayes under five pounds weight the saymaker shall give unto the weaver twelve pence the pound for the weaving thereof, and for the sayes that shall be above five pounds and under ten pounds to give twelve pence the pound, abating six pence in the piece for the weaving thereof, and for the mingled sayes containing eight or nine pounds, nine shillings, and so proportionably as it shall contain more or less in weight. This our order to continue until the 15th day of May next ensuing, except from the Council there shall be other order taken.

Thos. Wyseman. Willi. Maxey. Dra. Deane. R. Wareyn. Ri. Skynner. Beniamine Fissher.

[Footnote 293: No. 19.]

21. HIGH WAGES IN THE NEW WORLD [Winthrop's Journal, Vol. II, p. 220], 1645.

The war in England kept servants from coming to us, so as those we had could not be hired, when their times were out, but upon unreasonable terms, and we found it very difficult to pay their wages to their content (for money was very scarce). I may upon this occasion report a passage between one Rowley and his servant. The master, being forced to sell a pair of his oxen to pay a servant his wages, told his servant he could keep him no longer, not knowing how to pay him the next year. The servant answered he would serve him for more of his cattle. 'But how shall I do' (saith the master) 'when all my cattle are gone?' The servant replied, 'You shall then serve me, and so you may have your cattle again.'

22. YOUNG MEN AND MAIDS ORDERED TO ENTER SERVICE [Hist. MSS. Com., Vol. I., p. 132], 1655.

At an adjourned sessions on 5 June an order was made that, whereas the rate of wages fixed for servants and labourers had been proclaimed, but young people, both men and maids, fitting for service, will not go abroad to service without they may have excessive wages, but will rather work at home at their own hands, whereby the rating of wages will take little effect, therefore no young men or maids fitting to go abroad to service (their parents not being of ability to keep them) shall remain at home, but shall with all convenient speed betake themselves to service for the wages aforesaid, which if they refuse to do the Justices shall proceed against them.

23. REQUEST TO JUSTICES OF GRAND JURY OF WORCESTERSHIRE TO ASSESS WAGES [Hist. MSS. Com., Vol. I, p. 322], 1661.

Presentments by the Grand Jury. 1661, Ap. 23. We desire that the overseers of parishes may not be hereafter compelled to provide houses for such young persons as will marry before they have provided themselves with a settling. We desire that servants' wages may be rated according to the statute, for we find the unreasonableness of servants' wages a great grievance so that the servants are grown so proud and idle that the master cannot be known from the servant except it be because the servant wears better clothes than his master.[294] We desire that the statute for setting poor men's children to apprenticeship be more duly observed, for we find the usual course is that if any are apprenticed it is to some petty trade, and when they have served their apprenticeship they are not able to live by their trades, whereby not being bred to labour they are not fit for husbandry. We therefore desire that such children may be set to husbandry for the benefit of tillage and the good of the commonwealth.

[Footnote 294: The last clause is scratched through in the original.]

24. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF STATUTE OF ARTIFICERS[295] [Privy Council Register, Oct. 29, 1669].

Upon reading this day at the board the humble Petition of Francis Kiderbey of Framlingham ... draper, setting forth that he served his apprenticeship for 7 years in the City of London to a Tailor, whereby he came to the knowledge and skill of all sorts of cloth, and used and exercised the same for a long time; that the petitioner's occasions calling him to live in Framlingham aforesaid, and that town wanting one that dealt in cloth, the petitioner set up a shop for selling the same, and thereby got a good livelihood for himself and family; yet some, out of malice, hath caused three bills of Indictment to be presented against him at the sessions held at Woodbridge for that county upon the Statute made 5 Eliz. c. 4, whereby it is provided that none shall use any manual occupations but he that hath been bound seven years an apprentice to the same, which Statute, though not repealed, yet has been by most of the Judges looked upon as inconvenient to trade and to the increase of inventions; that the Petitioner hath removed the said indictments into the Court of King's Bench, where judgment will be given against him, that statute being still in force, and therefore praying that his Majesty will be pleased to give order to his Attorney-General to enter a non prosequi for stopping proceedings against him. It was ordered by his Majesty in Council that it be and it is hereby referred to Mr. Attorney-General to examine the truth of the Petitioner's case, and upon consideration thereof to report to his Majesty in Council his opinion thereupon, and how far he conceives it may be fit for his Majesty to gratify the Petitioner in his said request.

[On Dec. 17, 1669, the Attorney-General reported that Kiderbey was liable to the penalty of the Statute, but that the indictments being in the King's name, his Majesty might order a non processe to be entered; which was ordered to be done.]

[Footnote 295: Quoted Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, App. A, VII.]

SECTION IV

THE RELIEF OF THE POOR AND THE REGULATION OF PRICES

1. Regulations made at Chester as to Beggars, 1539--2. A Proclamation Concerning Corn and Grain to be brought into open Markets to be sold, 1545--3. Administration of Poor Relief at Norwich, 1571--4. The first Act Directing the Levy of a Compulsory Poor Rate, 1572--5. The first Act Requiring the Unemployed to be set to Work, 1575-6--6. Report of Justices to Council Concerning Scarcity in Norfolk, 1586--7. Orders devised by the Special Commandment of the Queen's Majesty for the Relief and Ease of the Present Dearth of Grain Within the Realm, 1586--8. The Poor Law Act of 1601--9. A note of the Grievances of the Parish of Eldersfield, 1618--10. Petition to Justices of Wiltshire for Permission to Settle in a Parish, 1618--11. Letter from Privy Council to Justices of Cloth-making Counties, 1621-2--12. Letter from Privy Council to the Deputy Lieutenants and Justices of the Peace in the Counties of Suffolk and Essex concerning the Employment of the Poor, 1629--13. The Licensing of Badgers in Somersetshire, 1630--14. Badgers Licensed at Somersetshire Quarter Sessions, 1630--15. The Supplying of Bristol with Grain, 1630-1--16. Proceedings against Engrossers and other Offenders, 1631--17. Order of Somersetshire Justices Granting a Settlement to a Labourer, 1630-1--18. Report of Derbyshire Justices on their Proceedings, 1631--19. Letter from Privy Council to Justices of Rutlandshire, 1631--20. Judgment in the Star Chamber against an Engrosser of Corn, 1631.

The national system of Poor Relief which was built up in the course of the sixteenth century was composed of three elements, experiments of municipal authorities, Parliamentary legislation, supervision and stimulus supplied by the Privy Council. The first step taken by towns was usually to organize begging by granting licences to certain authorized beggars, while punishing the idler (No. 1); the next to provide establishments where necessitous persons could be set to work on materials provided at the public expense (No. 3). The action of the State followed the same lines of development. During the first three quarters of the sixteenth century it (a) left the provision of the funds needed for relief to private charity, (b) directed the relief of the "impotent poor," but treated all able-bodied persons in one category, that of "sturdy rogues." But in 1572 it recognized the inadequacy of voluntary contributions by directing the levy of a compulsory poor rate (No. 4), and in 1576 made the important innovation of discriminating between persons unemployed because they could not get work and persons unemployed because they did not want work, by enacting that the former should be set to work on materials provided for them, and that the latter should be committed to the House of Correction (No. 5). The system was completed by the Act for the Relief of the Poor of 1601 (No. 8). Its administration was in the hands of the Justices of the Peace, who were much occupied with questions of settlement (Nos. 9, 10, 17), with carrying out instructions sent to them by the Privy Council for relieving distress (Nos. 12 and 19), and with making reports to the Privy Council of their proceedings (No. 18).

The provision of relief was never intended to be, and down to 1640 was not, the sole method of coping with problems of distress. It was in its origin associated with measures of a preventive character, attempts to prevent the eviction of peasants (Part II, Section I, Nos. 9, 10, 13-17, 20 and 21), occasional attempts to raise wages (Part II, section III, Nos. 10, 18, 19 and 20), attempts to prevent employers dismissing workpeople in times of trade depression (No. 11), attempts to regulate the price of food stuffs and to secure adequate supplies for the markets (Nos. 2, 6, 7, 13, 14, 15, 16, 20). In the latter matter, as in many others, the Tudor governments tried to make a regularly administered national system out of what had for centuries been the practices of local bodies. The Justices of the Peace were required in 1545 to inspect barns and to compel the owners of supplies of grain to sell it in open market (No. 3). Under Elizabeth the system was elaborated. The Justices from time to time made returns to the Privy Council of the stocks of grain available (No. 6), and of the prices ruling (No. 18); and extremely detailed instructions for their guidance were drawn up by Burleigh in 1586 (No. 7). The licensing of "Badgers," or dealers in corn, was part of their regular business (Nos. 13 and 14); the movement of grain from one district to another was carefully supervised (No. 15); and engrossers and regrators were frequently brought before them (No. 16). The efficiency of the system depended very largely on the close supervision of local government and economic affairs by the Privy Council, and on the fact that offenders against public policy could be tried before the Court of Star Chamber. One case before that Court is printed below (No. 20). It is interesting as showing both the economic ideas upon which the policy of regulating prices was based, and the way in which attempts to supervise economic relationships brought the government into collision with the interests of the middle and commercial classes.

AUTHORITIES

The only modern English writer who deals adequately with the subject of this section is Miss E.M. Leonard, The Early History of English Poor Relief. Short accounts of different aspects of the subject are given by Cunningham, English Industry and Commerce, Modern Times, Part I; Ashley, Economic History, Chap. V; Nicholls, History of the Poor Law; Rogers, Six Centuries of Work and Wages; Tawney, The Agrarian Problem in the Sixteenth Century; Gasquet, Henry VIII and the English Monasteries; Oxford Historical and Literary Studies, I, Elizabethan Rogues and Vagabonds and their Representation in Contemporary Literature, by Frank Aydelotte; Oxford Studies in Social and Legal History, Vol. III, One Hundred Years of Poor Law Administration in a Warwickshire Village, by A.W. Ashby. The student may also consult the following:--

(1) Documentary authorities:--Municipal Records (see bibliographies and references under section II) and Quarter Sessions Records (see bibliographies and references under section III); the Statutes of the Realm, Acts of the Privy Council, Calendars of State Papers Domestic, especially under Elizabeth; Reports of the Historical Manuscripts Commission, especially Vol. I (containing Quarter Sessions Proceedings of Wiltshire and Worcestershire), the volumes containing a report on the papers of the Marquis of Salisbury (in particular Part VII), and a report on the papers of the Marquis of Lothian (pp. 76-80).

(2) Reference to questions of pauperism and prices will be found in contemporary literary authorities set out under section I, in particular in the works of More, Crowley, Lever, Stubbes, Harrison, Bacon and Moore, and in the Commonwealth of this realm of England. Awdeley, Fraternity of Vagabonds (1561, Early English Text Society), gives an amusing account of the habits of vagrants.

1. REGULATIONS MADE AT CHESTER AS TO BEGGARS [Morris. Chester in the Plantagenet and Tudor Reigns, pp. 355, 356], 1539.

Henry Gee, Mayor, 31 Henry VIII. [1539]. Forasmuch as by reason of the great number of multitude of valiant idle persons and vagabonds which be strong and able to serve and labour for their livings, and yet daily go on begging within the same city, so that the poor impotent and indigent people and inhabiting within the same city and having no other means to get their living but only by the charitable alms of good Christian people daily want and be destitute of the same, to the great displeasure of Almighty God and contrary to good conscience and the wholesome statute and laws of our sovereign Lord the King in such case made and provided; for reformation whereof it is ordained and established by the said city ... that the number and names of all indigent and needy mendicant people shall be searched, known and written, and thereupon divided in xv parts, and every of them assigned to what ward they shall resort and beg within the said city, and in no other place within the same, and their names to be written in a bill and set up in every man's house within every ward for knowledge to whom they shall give their alms and to no other. And if any other person or persons come to any man or woman's door, house or person to beg, not having his name in the bill within that man's or woman's houses, then the same man or woman to give unto the same beggar no manner alms or relief but rather to bring or send him to the stocks within the same ward, or else to deliver him to the constable of the same ward or the alderman's deputy within the same ward, and he to put him in the stocks, there to remain by the space of a day and a night; and yet, every man and woman that shall offend in using themselves contrary to this ordinance concerning such valiant beggars shall for every such offence forfeit xiid., to be levied to the use of the common box by the commandment of the alderman of the same ward, and for default of payment thereof the same man or woman so offending to be committed to the ward by the mayor till it be paid.

And if any of the indigent and poor needy beggars [beg] at any time in any other place within this city out of the ward to them assigned as is aforesaid, then the same beggar so offending to be punished by the mayor's discretion. And further it is ordered that all manner of idle persons, being able to labour abiding within the said city and not admitted to live by alms within the said city, shall every workday in the morning in the time of winter at vi of the clock, and in time of summer at iiii of the clock, resort and come unto the high cross of the said city, and there to offer themselves to be hired to labour for their living according to the king's laws and his statutes provided for labourers; and if any person or persons do refuse so to do, then he or they so refusing to be committed to ward by the mayor of the said city for the time being, there to remain unto such time he or they so refusing hath found sufficient sureties to be bound by recognisance before the said mayor in a certain sum, so to [do] accordingly to the King's laws and statutes aforesaid.

2. A PROCLAMATION ... CONCERNING CORN AND GRAIN TO BE CONVEYED AND BROUGHT INTO OPEN MARKETS TO BE SOLD [Br. M. Harleian MSS. 442, fo. 211][296], 1545.

Forasmuch as it is come to the knowledge of our Sovereign Lord the King, how that divers persons, as well his own subjects as others, having more respect to their own private lucre and advantage than to the common weal of this his Highness's realm, have by divers and sundry means accumulated and got into their hands and possession a great number and multitude of corn and grain, far above the necessary finding of their households, sowing of their lands, paying their rent-corn and performing of their lawful bargains of corn without fraud or intrigue; and the same of their covetous minds do wilfully detain and keep in their possessions without bringing any part or parcel thereof into any market to be sold, intending thereby for to cause the prices of corn to rise, so that they may sell their corn and grain at such unreasonable prices as they will themselves; by reason whereof the prices of corn and grains ... be raised to such excessive and high prices, that his Majesty's loving subjects cannot gain with their great labours and pains sufficient to pay for their convenient victuals and sustenance, and worse are like to be hereafter, unless speedy remedy be provided in that behalf; his Highness, therefore, by the advice of his said most honourable council, and by authority of the said act of parliament made in the said 31st year of his Majesty's reign, straightly chargeth and commandeth all justices of peace ... within 20 days next ensuing the publishing of this proclamation according to the said act, and oftener after that by their discretions, to assemble themselves together ... and that the said justices ... or two of them at the least, shall with all convenient speed search the houses, barns and yards of such persons as have been accustomed or used to sell corn and grain, and have abundance of corn and grain more than shall be necessary for the sowing of their lands, paying their rent-corn, performing their said lawful bargains of corn, and finding of their houses until the feast of All Saints next coming; and where they shall find any such abundance or surplus, shall by their discretions straightly ... command in the name of our said sovereign lord the king the owner or owners thereof to convey and bring or cause to be brought such part and portion of their said corn and grain unto the market or markets there near adjoining, or to have such other market or markets, where they afore time have used or accustomed to sell their corn there to be sold at, and during such time as shall be thought meet by the said justices of the peace or two of them at the least; the same justices delivering unto every of the said owner and owners a bill subscribed with their hands, mentioning and declaring the days, places, number and certainty of the bringing of the said corn and grain to the said market and markets to be sold, as is aforesaid, according to their said commandments and appointments; and if any person or persons do wilfully refuse to convey or bring or cause to be brought unto the said market or markets to be sold such part or portion of any such corn and grain as by the said justices or two of them at the least, shall be to him and them limited and appointed as is aforesaid, that then every such person and persons so offending shall lose and forfeit for every bushel ... 3s. and 4d. ... This proclamation to continue and endure until the feast of All Saints next coming and no longer....

[Footnote 296: Quoted Schanz, op. cit., Vol. II, pp. 669-671.]

3. ADMINISTRATION OF POOR RELIEF AT NORWICH [Leonard, Early History of English Poor Relief, pp. 311-314], 1571.

[It is ordered] 1. First, that no person or persons old or young shall be suffered to go abroad after a general warning given, or be found a-begging in the streets at the sermon or at any man's door or at any place within the city, in pain of six stripes with a whip.

2. That not any person or persons shall sustain or feed any such beggars at their doors, in pain of such fine as is appointed by statute, and further to pay for every time fourpence, to be collected by the deacons, and to go to the use of the poor of the said City.

3. Item that at the house called the Normans in the convenientest place therefore, shall be appointed a working place, as well for men as for women, viz. for the men to be prepared fourteen malt querns to grind malt and such exercises; and for the women to spin and card and such like exercises.

Which working place shall contain to set twelve persons or more upon work, which persons shall be kept as prisoners to work for meat and drink for the space of twenty and one days at the least, and longer if cause serve, and they shall not eat but as they can earn (except some friend will be bound for them), that the city shall no more be troubled with them; with this proviso that such persons as shall be thither committed shall be such as be able to work and daily notwithstanding will not work but rather beg, or be without master or husband, or else be vagabonds or loiterers.

Which persons shall begin their works at five of the clock in summer, viz. from our Lady the Annunciation until Michelmas, and shall end their works at eight of the clock at night, and in Winter to begin at six of the clock from Michelmas to our Lady, and to end at seven of the clock at night or half an hour past, with the allowance of one half hour or more to eat and a quarter of an hour to spend in prayer.

And every one sent thither shall be by warrant from the mayor or his deputy or deputies to the bailiff there, upon which warrant the bailiff shall be bound to receive everyone so sent and set them a-work.

And those that shall refuse to do their works to them appointed or keep their hours, to be punished by the whip at the discretion of the wardens or bailiff of the house.

* * * * *

For the bailiff of Bridewell.

Item, upon the said authority be also appointed another officer, to be called the bailiff of Bridewell, who is also to be resident there with his wife and family, who shall take the charge by inventory from the wardens of all bedding and other utensils delivered unto him to the use of the workfolks, who shall yearly account with the wardens for the same.

And also shall take charge of such vagabonds, men and women, as to them shall be committed, enforcing them to work by the hours aforesaid. The men to grind malt and other works, and the women to use their hand-deed and, except that they work, not to eat.

And to take of them for their victual, and fuel, or other necessaries as the price shall be rated and there set up. And to allow them for their work by the pound (or otherwise) as shall be rated and set up, and shall use such correction as is aforesaid.

And also shall receive all stuff thither brought and see the same truly and well used and safely delivered.

And he to provide him of such servants as in his absence or his wife's shall see the works done as it ought to be, and to do the house business, as washing, making of beds, baking and also to be expert in hand-deed to spin, card, etc.

And also to provide one officer surveyor, to go daily about the city, with a staff in his hand, to arrest whom that is apt for Bridewell and bring them to master mayor or to any of the committees be commanded thither.

And as he goeth abroad he shall certify how the works in every ward are ordered and occupied, and shall inform master mayor, the committees or his master thereof.

And he shall resort to the deacons in every ward, and be aiding unto them to bring such as be new comers into the city to master mayor, the same presently to be sent away again to the place they came from. And likewise shall bring all disordered persons to be punished to Bridewell if such shall dwell in any ward, and shall give his whole attendance thereupon.

And the said bailiff shall be allowed for himself, his wife, servants and surveyors, (if he shall be charged with his whole number of prisoners,) for meat, drink and wages thirty pounds by year, whereof he shall pay forty shillings a year to a priest to minister service to them twice a week, or else, if he have less charge, to have after the rate as by the discretion of the committees and wardens of Bridewell shall be thought convenient or as they can agree....

* * * * *

Orders for children and others in wards.

Item, that there be also appointed by the committees or commissioners for every single ward so many select women as shall suffice to receive of persons within that ward, viz. of women, maidens or children that shall be appointed unto them by the committees or deacons, to work or learn letters in their house or houses, of the most poorest children whose parents are not able to pay for their learning or of women and maids that live idly or be disordered to the number of six, eight, ten or twelve at the most in any one of their houses.

The same to be driven to work and learn, by the hours appointed in Bridewell and with such corrections, till their hands be brought into such use and their bodies to such pains as labour and learning shall be easier to them than idleness, and as they shall of themselves be able to live of their own works with their families as others do.

And every such select woman appointed to take charge of such aforesaid, shall see that such as to them be committed shall do their works truly and workmanly and be learned profitably, or else to lay sharp correction upon them; and every such select woman doing her duty to teach or cause to be taught or set a-work, to have for her pains in that behalf twenty shillings by year every one of them so appointed and nominated.

And whosoever select woman so appointed shall refuse the same being thereunto appointed, shall suffer imprisonment by the space of twenty days at the least.

4. THE FIRST ACT DIRECTING THE LEVY OF A COMPULSORY POOR RATE [14 Eliz. c. 5. Statutes of the Realm, Vol. IV, Part I, pp. 590-98], 1572.

... And when the number of the said poor people forced to live upon alms be by that means truly known, the said justices, mayors, sheriffs, bailiffs and other officers shall within like convenient time devise and appoint, within every their said several divisions, meet and convenient places by their discretions to settle the same poor people for their habitations and abidings, if the parish within the which they shall be found shall not or will not provide for them; and shall also within like convenient time number all the said poor people within their said several limits, and thereupon (having regard to the number) set down what portion the weekly charge towards the relief and sustentation of the said poor people will amount unto within every their said several divisions and limits; and that done, they ... shall by their good discretions tax and assess all and every the inhabitants, dwelling in all and every city, borough, town, village, hamlet and place known within the said limits and divisions, to such weekly charge as they and every of them shall weekly contribute towards the relief of the said poor people, and the names of all such inhabitants taxed shall also enter into the said register book together with their taxation, and also shall by their discretion within every their said divisions and limits appoint or see collectors for one whole year to be appointed of the said weekly portion, which shall collect and gather the said proportion, and make delivery of so much thereof, according to the discretion of the said justices ... and other officers, to the said poor people, as the said justices ... and other officers shall appoint them: and also shall appoint the overseers of the said poor people by their discretions, to continue also for one whole year; and if they do refuse to be overseers, then every of them so refusing to forfeit ten shillings for every such default.

5. THE FIRST ACT REQUIRING THE UNEMPLOYED TO BE SET TO WORK [18 Eliz. c. 3. Statutes of the Realm, Vol. IV, Part I, pp. 610-13], 1575-6.

... Also to the intent youth may be accustomed and brought up in labour and work, and thus not like to grow to be idle rogues, and to the intent also that such as be already grown up in idleness and so [be] rogues at this present, may not have any just excuse in saying that they cannot get any service or work, and then without any favour or toleration worthy to be executed, and that other poor and needy persons being willing to work may be set on work: be it ordered and enacted by the authority aforesaid, that in every city and town corporate within this realm, a competent store and stock of wool, hemp, flax, iron or other stuff, by the appointment and order of the mayor, bailiffs, justices or other head officers having rule in the said cities or towns corporate (of themselves and all others the inhabitants within their several authorities to be taxed, levied and gathered), shall be provided.... Collectors and governors of the poor from time to time (as cause requireth) shall and may, of the same stock and store, deliver to such poor and needy person a competent portion to be wrought into yarn or other matter within such time and in such sort as in discretions shall be from time to time limited and prefixed, and the same afterwards, being wrought, to be from time to time delivered to the said collectors and governors of the poor, for which they shall make payment to them which work the same according to the desert of the work, and of new deliver more to be wrought; and so from time to time to deliver stuff unwrought and receive the same again wrought as often as cause shall require; which hemp, wool, flax or other stuff wrought from time to time, shall be sold by the said collectors and governors of the poor either at some market or other place, and at such time as they shall think meet, and with the money coming of the sale, to buy more stuff in such wise as the stocks or store shall not be decayed in value....

6. REPORT OF JUSTICES TO COUNCIL CONCERNING SCARCITY IN NORFOLK[297] [S.P.D. Eliz., Vol. 191, No. 12], 1586.

May it please your honours, after the remembrance of our humble duties to be advertized; that for a further proceeding in the accomplishment of your honourable letters concerning the furnishing of the markets with corn, we have according to our former letters of the ixth of June last, met here together this day for conference therein. And perusing all our notes and proceedings together, we find that throughout this shire by such order as we have taken with owners and farmers and also badgers and buyers of corn and grain, the markets are by them plentifully served every market day with corn, and the same sold at reasonable rates, viz. wheat at xxiis., the quarter, rye at xvis., malt at xiiiis., and barley at xiis., of which kinds of corn the poorer sort are by persuasion served at meaner prices. And so we doubt not but it shall likewise continue according to our direction until it shall please God that new corn may be used. And hereof thinking it best in performance of our duties to advertize your honours, we humbly take our leave. From Attlebrigge the xith of July 1586.

Your ho: humble at commandment ...

[Signature of Justices.]

[Footnote 297: Quoted Leonard, Early History of English Poor Relief, pp. 316-17.]

7. ORDERS DEVISED BY THE SPECIAL COMMANDMENT OF THE QUEEN'S MAJESTY FOR THE RELIEF AND EASE OF THE PRESENT DEARTH OF GRAIN WITHIN THE REALM [Lansdowne MSS., 48, f. 128, No. 54[298]], 1586.

That the sheriffs and justices of the peace by speedy warning of the sheriff shall immediately upon receipt of these orders assemble themselves together, and shall take amongst them into their charge by several divisions all the hundreds, rapes, or wapentakes of the said county.

Item, every company so allotted out shall forthwith direct their precepts unto the said sheriff to warn the high constables, under-constables, and others the most honest and substantial inhabitants ... to appear before them, ... and upon the appearance of the said persons they shall divide them into so many juries as they shall think meet, giving instruction to the said sheriff to return as few of such as be known great farmers for corn or have store of grain to sell as he can; ...

Item, they shall first declare the cause why they are sent for ... and then they shall give them the oath following:--

The Juries' Oath.

You shall swear, etc., that you shall enquire and make true and due search and trial what number of persons every householder that hath corn in their barns, stacks or otherwhere, as well justices of the peace as others whatsoever within the parish of ..., have in their houses; what number of acres they have certainly to be sown this year with any manner of grain; what bargains they have made with any persons for any kind of grain to be sold by or to them; to whom and by whom and upon what price they have made the same, and what quantity of any manner of grain they or any other have in their barns, garners, lofts, cellars or floors or otherwise to be delivered unto them upon any bargain.

Item, what number of badgers, ladders, broggers or carriers of corn do inhabit within the said parish, and whither they do use to carry their corn they buy, and where they do usually buy the same and what their names be, and how long they have used that trade, and by whose license, and to see the same licenses of what tenor they are of.

Item, what number of maltmakers, bakers, common brewers or tipplers dwell within the said parish, and who they are by name, and how long they have used that trade, and how much they bake or brew in the week, and what other trade they have whereby otherwise to live.

Item, who within the same parish be the great buyers of corn, or do buy, or have bought any corn or grain, to sell again, or have sold it again since midsummer last.

Item, who within the same parish buyeth or have bought or sold any corn upon the ground, of whom and to whom hath the same been bought or sold and at what prices, and to certify unto us of the premises and of every part thereof.

That the said justices of the peace, having received ... the verdicts of the said juries, ... shall call ... such persons before them of every parish as upon the presentment so made shall appear to have corn to spare, and upon due consideration of the number of persons which each hath in his house according to their qualities, and of the quantity of grain the party hath toward the finding of the same or otherwise to be spent in his house and sowing of his grounds, allowing to every householder for his expenses in his house for every person thereof according to their quality sufficient corn for bread and drink, between this and the next harvest, and for their seed after the rate of the sowing of that country upon an acre; and (sic) that they shall bind all such as shall appear to have more of any kind of grain than shall serve to uses above mentioned, as well justices of the peace as other, by recognizance in some good reasonable sums of money to observe the orders ensuing, viz., ...

You shall bring or cause to be brought weekly so many quarters or bushels of corn as wheat, rye, barley, malt, peas, beans, or other grain, or so much thereof as shall not be directly sold to the poor artificers or day labourers of the parish within which you dwell by order of the justice of the peace of the division within which you do dwell or two of them, to the market of ..., there to be by you or at your assignment sold unto the Queen's subjects in open market by half quarters, two bushels, one bushel or less as the buyer shall require of you, and not in greater quantity, except it be a badger or carrier of corn admitted according to the statute, or to a common known brewer or baker, ... and you shall not willingly leave any part of your corn unsold if money be offered to you for the same by any that are permitted to buy the same after the usual price of the market there that day, neither shall you from the beginning of the market to the full end thereof keep or cause to be kept any part of your said corn out of the open sight of the market....

Ye shall buy no corn to sell it again.

Ye shall neither buy nor sell any manner of corn but in the open market, unless the same be to poor handicraftsmen or day-labourers within the parish where you do dwell that cannot conveniently come to the market towns by reason of distance of place, according to such direction as shall be given unto you in that behalf by the justices of the peace of that division within which you do dwell, or two of them, and to none of these above one bushel at a time.

That the justices of the peace within their several divisions have special regard that engrossers of corn be carefully seen unto and severely punished according to the law, and where such are found, to make certificate thereof and of the proofs to the Queen Majesty's attorney general for the time being, who is directed speedily to inform against them for the same, and to see also that none be permitted to buy any corn to sell again but by special license.

That they take order with the common bakers for the baking of rye, barley, peas, and beans for the use of the poor, and that they appoint special and fit persons diligently to see their people well dealt withall by the common bakers and brewers in all towns and places in their weight and assize, and effectually to enquire for and search out the default therein, and thereupon to give order for punishment of the offenders severely according to the law, and where any notable offence shall be in the bakers, to cause the bread to be sold to the poorer sort under the ordinary prices in part of punishment of the baker.

That no badgers of corn, bakers or brewers, do buy any grain, or covin or bargain for the same, but in the time of open market, and that but by license under the hand of the justices of the division where they do dwell, or three of them, and that they weekly bring their license with them to the market where they do either buy or sell, and that the license contain how much grain of what kind and for what place they are licensed to buy and carry, that there be set down upon the license the day, place, quantity and price the corn is bought at, that they take but measurably for the carriage, baking and brewing thereof, that they show their book weekly to such as the justice of the division wherein they dwell shall appoint, being no bakers or badgers of corn. And that those persons every 14 days make report to the justice of the division wherein they dwell how the people are dealt withall by the badgers, bakers and brewers. And that such as have otherwise sufficient to live on, or that are known to be of any crime or evil behaviour, be not permitted to be badgers of corn, nor any badgers to be permitted but such as the statute doth limit, and that none be permitted to buy or provide corn in the market in gross as badger or baker and such like, upon pain of imprisonment, until one hour after the full market be begun, that the poor may be first served.

That the said justices, or two or one of them, at the least, in every division, shall be personally present at every market within their several divisions to see the orders to be taken by the authority hereof to be well observed, and the poor people provided of necessary corn, and that with as much favour in the prices as by earnest persuasion of the justices may be obtained; ...

That all good means and persuasions be used by the justices in their several divisions that the poor may be served of corn at convenient and charitable prices.

That there be no buying or bargaining for any kind of corn but in open market, and that the justices in their several divisions restrain common maltsters of making barley-malt in those countries and places where there be oats sufficient to make malt of for the use of the people, and to restrain as well the brewing of barley-malt by or for ale houses or common tipplers in those countries and places, as also the excess use of any kind of malt by all common brewers in all alehouses and common tippling houses wheresoever, and that sufficient bonds be taken of all common brewers, maltsters and common tipplers, according to the true meaning of this article, and that the unnecessary number of alehouses and common tipplers be forthwith suppressed in all places, and that direction be given to all tippling houses, taverns and alehouses not to suffer any persons to repair thither to eat and drink at unseasonable times.

That the justices use all other good means that are not mentioned in these orders that the markets be well served and the poor relieved in their provisions during this time of dearth, and that no expense of any grain meet for bread to feed men be wasted upon feeding of beasts, neither that any be spent in making of a stuff called starch, as of late there hath been discovered great quantity expended in that vain matter being in no sort to be suffered to continue.

That the justices be straightly commanded to see by all good means that the able people be set on work, the houses of correction provided and furnished, and there idle vagabonds to be punished.

That the justices do their best to have convenient stock to be provided in every division or other place, according to the statute for setting the poor awork, and the justices to use all other good and politic means within their several divisions to continue and maintain the poor people in work within the parish, or at the furthest, within the hundred or division.

That the maimed or hurt soldiers and all other impotent persons be carefully seen unto to be relieved within their several parishes, hundreds or divisions, according to the law therefor provided, and that where the provisions formerly made be not sufficient it may be now for this time of dearth increased; and where one parish is not able to give sufficient relief to such their poor, that parish to have the supply of such parishes near adjoining as have fewer poor and are better able to give relief, and that no vagabond or sturdy beggar, or any that may otherwise get their living by their labours, be not suffered to wander abroad under colour of begging in any town or highway, and that the justices do presently give order that there be persons sufficiently weaponed to assist the constables of every town to attach such vagabonds both in their town-side and highways, and to commit them to prison without bail, but as two of the justices of the peace near that division shall order, and if the township shall not observe this order for the attaching and punishment of the said vagabonds, then the justices shall see due punishment by fine upon the whole township, or upon such parties in the town as shall be found in fault.

That the justices of the peace do once every month certify their doings and proceedings by force of these instructions unto the sheriff of the said county, in which certificate they shall also make certificate of such justices as shall be absent from any of these services, and the true cause of their absence, and shall also certify the usual prices of all kinds of grain in their markets for that month past, of all which the same sheriff to certify the Privy Council once in every forty days at the farthest, so as that default in any justice that shall be absent may be duly considered and corrected by authority of his Majesty's council as reason shall require, and so as such persons as are placed as justices for their credit may not continue in those rooms, wherein they shall be found not disposed to attend such a necessary and godly service as this is, but others of better disposition may supply those rooms, if there shall be need of any such number, as in most places is thought not very needful, the number being in common opinion more hurtful than profitable to justice.

And if any shall offend against the true meaning of these instructions, or any part thereof, or shall use any sinister means to the defrauding thereof, that such be severely punished according to the laws, and for such obstinate persons as shall not conform themselves the justices shall at their pleasure bind to appear before the Queen Majesty's Privy Council by a day certain, there to be further dealt with by severe punishment for the better ensample of all others....

[Footnote 298: Quoted Leonard, Early History of English Poor Relief, pp. 318-26.]

8. THE POOR LAW ACT OF 1601 [43 and 44 Eliz. c. 2. Statutes of the Realm, Vol. IV, Part II, pp. 962-5], 1601.

Be it enacted by the authority of this present parliament, that the churchwardens of every parish, and four, three or two substantial householders there as shall be thought meet, having respect to the apportion and greatness of the same parish or parishes, to be nominated yearly in Easter week or within one month after Easter, under the hand and seal of two or more justices of the peace in the same county, whereof one to be of the quorum, dwelling in or near the same parish or division where the same parish doth lie, shall be called overseers of the poor of the same parish: and they or the greater part of them shall take order from time to time, by and with the consent of two or more such justices of peace as is aforesaid, for setting to work of the children of all such whose parents shall not by the said churchwardens and overseers or the greater part of them be thought able to keep and maintain their children; and also for setting to work all such persons married or unmarried having no means to maintain them, [or] use no ordinary and daily trade of life to get their living by; and also to raise weekly or otherwise, by taxation of every inhabitant parson, vicar and other, and of every occupier of lands, houses, tithes impropriate or propriations of tythes, coal mines or saleable underwoods, in the said parish, in such competent sum and sums of money as they shall think fit, a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff to set the poor on work, and also competent sums of money for and towards the necessary relief of the lame, impotent, old, blind and such other among them being poor and not able to work, and also for the putting out of such children to be apprentices, to be gathered out of the same parish according to the ability of the same parish; and to do and execute all other things as well for the disposing of the said stock as otherwise concerning the premises as to them shall seem convenient: which said churchwardens and overseers so to be nominated, or such of them as shall not be let by sickness or other just excuse to be allowed by two such justices of peace or more as aforesaid, shall meet together at the least once every month in the church of the said parish, upon the Sunday in the afternoon after Divine Service, there to consider of some good course to be taken and of some meet order to be set down in the premises, and shall within four days after the end of their year and after other overseers nominated as aforesaid, make and yield up to such two justices of peace as is aforesaid a true and perfect account of all sums of money by them received, or rated and assessed and not received, and also of such stock as shall be in their hands or in the hands of any of the poor to work, and of all other things concerning their said office; and such sum or sums of money as shall be in their hands shall pay and deliver over to the said churchwardens and overseers newly nominated and appointed as aforesaid; ...

And be it further enacted that it shall be lawful for the said churchwardens and overseers, or the greater part of them, by the assent of any two justices of the peace aforesaid, to bind any such children as aforesaid to be apprentices, where they shall see convenient, till such man-child shall come to the age of four and twenty years, and such woman-child to the age of one and twenty years, or the time of her marriage; the same to be as effectual to all purposes as if such child were of full age, and by indenture of covenant bound him or herself.

And the said justices of peace or any of them to send to the house of correction or common gaol such as shall not employ themselves to work, being appointed thereunto as aforesaid.

9. A NOTE OF THE GRIEVANCES OF THE PARISH OF ELDERSFIELD [Hist. MSS. Com. Vol. I, pp. 298-299], 1618.

There are divers poor people in the said parish which are a great charge. Giles Cooke, not of our parish, married a widow's daughter within our parish, which widow is poor and lives in a small cottage, which is like to be a charge. Joan Whiple had lived 40 years and upward in the parish with a brother, as a servant to him; and now that she has grown old and weak he has put her off to the parish; she was taken begging within the parish and was sent to Teddington, where she said she was born, but that parish has sent her back again. Elzander Man, born in Forthampton, in the county of Gloucester, married a wife within the parish, who was received by her mother till she had two children; the said wife is now dead, and he is gone into Gloucestershire and has left his children to the keeping of the parish. Thomas Jones, born at Harfield, in the county of Gloucester, married a wife within the parish, and has two children; the said Jones being now gone, the parishioners would know if they might send the woman to her husband, or to the place where she or her husband was born.... Francis Gatfield has gone from the parish, leaving his child and some goods and money; the child is left in charge of the parish and the goods with his brother and sister; the parishioners desire to know whether they may not avoid keeping the child or seize the said goods towards its maintenance.

10. PETITION TO JUSTICES OF WILTSHIRE FOR PERMISSION TO SETTLE IN A PARISH [Hist. MSS. Com., Vol. I, p. 298], 1618.

Petitioner doth give you to understand that he was born in Stockton within this county, and has been bred up in the same parish, and most of my time in service; and have taken great pains for my living all my time since I was able, and of late I fortuned to marry with an honest young woman, and my parishioners not willing that I should bring her in the parish, saying we would breed a charge among them. Then I took a house in Bewdley, and there my wife doth yet dwell and in confines thereabouts, and I send or bring my wife the best relief I am able, and now the parish of Bewdley will not suffer her to dwell there for doubt of further charge. Right worshipful, I most humbly crave your good aid and help in this my distress, or else my poor wife and child are like to perish without the doors. And this, right worshipful, I do humbly crave, that by your good help and order to the parish of Stockton I may have a house there to bring my wife and child unto, that I may help them the best I can.

11. LETTER FROM PRIVY COUNCIL TO JUSTICES OF CLOTH-MAKING COUNTIES[299] [Privy Council Register, Feb. 9th, 1621-2], 1621-2.

We do hereby require you to call before you such clothiers as you shall think fitting, and to deal effectually with them for the employment of such weavers, spinners and other persons as are now out of work, where we may not omit to let you know, that as we have employed our best endeavours in favour of the clothiers both for the vent of their cloth and for moderation in the price of wool (of which we hope they shall speedily find the effects), so may we not endure that the clothiers in that or any other county should at their pleasure, and without giving knowledge thereof unto this Board, dismiss their workfolks, who, being many in number and most of them of the poorer sort, are in such cases likely by their clamours to disturb the quiet and government of those parts wherein they live. And if there shall be found greater numbers of poor people than the clothiers can receive and employ, we think it fit and accordingly require you to take order for putting the statute in execution, whereby there is provision made in that behalf by raising of public stocks for the employment of such in that trade as want work. Wherein if any clothier shall after sufficient warning refuse or neglect to appear before you, or otherwise shall obstinately deny to yield to such overtures in this case as shall be reasonable and just, you shall take good bonds of them for refusing to appear before us, and immediately certify their names unto this Board ...; this being the rule by which both the woolgrower, the clothier and merchant must be governed, that whosoever had a part of the gain in profitable times since his Majesty's happy reign, must now in the decay of trade ... bear a part of the public losses as may best conduce to the good of the public and the maintenance of the general trade.

[Footnote 299: Quoted Leonard, Early History of English Poor Relief, pp. 147-8.]

12. LETTER FROM PRIVY COUNCIL TO THE DEPUTY LIEUTENANTS AND JUSTICES OF THE PEACE IN THE COUNTIES OF SUFFOLK AND ESSEX CONCERNING THE EMPLOYMENT OF THE POOR[300] [Privy Council Register, Chas. I, Vol. V, f. 263], 1629.

Whereas we by special directions of his Majesty did lately commend unto your care the present state of those parts of your county where the poor clothiers and their workmen at present destitute of work might some other way be employed or for the time be relieved till some obstructions to trade were removed, as also to keep in order those that are loose and ill disposed people; to which end his Majesty, by advice of his Privy Council and the Judges, hath lately published a proclamation declaring his pleasure and command in what manner the truly poor and impotent should be relieved, those of able bodies should be set on work and employed in honest labour, and the sturdy, idle and dangerous rogues and vagabonds should be repressed and punished, which proclamation you shall herewith likewise receive; now, because we understand that in your county there is more than ordinary occasion to use all diligence and industry at this time, we have thought fit to put you more particularly in mind thereof, and in answer of your letters to let you know that it is the resolution of all the judges, that by the law you have sufficient power and ought to raise means out of the several parishes, if they be of ability, or otherwise in their defect, in their several hundreds, lathes or wapentakes, and for want of their ability (to set your poor on work and to relieve the aged and impotent not able to work) in the whole body of the county; wherefore his Majesty commands that the ways provided by law in these cases be duly followed with all diligence and possible speed. You are required to understand the true state of the country from the ministers, churchwardens and overseers of the several parishes within your several divisions. And what rests herein to be done by order at the quarter sessions, the judges advise that for this purpose you may call the quarter sessions sooner then the ordinary set times, and do that which in this case is so requisite.

Further we let you to know, that such hath been his Majesty's care and personal pains taken to remove these impediments that of late have been to trade, and to open a free vent to the commodities of your country, that yourselves will shortly see the fruits of it to your comforts; nevertheless in the meantime these things provided by the law, and the helps that by your care may be added, are in no sort to be neglected, but exactly pursued; of which your proceedings we, are to be advertised that so we may render account thereof to his Majesty.

And so, etc.

[Footnote 300: Quoted Leonard, Early History of English Poor Relief, pp. 336-7.]

13. THE LICENSING OF BADGERS IN SOMERSETSHIRE [_Somerset Quarter Sessions Records, Vol. 24, p. 120_], 1630.

This Court taking notice of the great prices of corn and butter and cheese and all other commodities, it was ordered that from henceforth no badger whatsoever be licensed but in open sessions, and shall first enter into recognizance and be entered by the clerk of the peace into his book of records, and also that all maltsters do the like before any justice do sign and seal his licence.

14. BADGERS LICENSED AT SOMERSETSHIRE QUARTER SESSIONS [_Somerset Quarter Sessions Records, Vol. 24, p. 119_], 1630.

To Edith Doddington of Hilbishopps, widow, to be a badger of butter and cheese and to carry the same into the counties of Wilts, Hampshire, Dorset and Devon, and to return again laden with corn, and to sell it again in any fair or market within this county during one whole year now next ensuing; and she is not to travel with above three horses, mares, or geldings at the most part; for performance whereof Mr. Symes is to take her recognizance, granted by John Homer, John Symes, John Harington.

To Thomas Rawlings of Lympsham to buy corn in the counties of Wilts and Somerset to sell the same again in the city of Bristol, Mr. Harington to take the recognizance. Ro. Phelipps, Pa. Godwyn.

To Anthony Banbury of Pitney to buy barley and oats, and the same to convert into malt, and to sell again in any fair, and to travel not with above two horses, geldings or mares at the most. Ro. Phelipps, He. Berkley, Pa. Godwyn, John Harington.

15. THE SUPPLYING OF BRISTOL WITH GRAIN [Somerset Quarter Sessions Records, Vol. 24, pp. 145-6, No. 33], 1630-1.

Whereas it is entreated on the behalf of the city of Bristol that their purveyors, drivers, and higglers may buy and carry away for the necessary provision of the said city such quantities of corn as may be conveniently spared within the markets of this county, and that they may freely carry through the said county such corn and grain as they shall buy in the counties adjacent: It is therefore thought fit and ordered, that these purveyors, drivers and higglers may buy, drive, and carry in and through the said county such proportions thereof as shall by us the justices of peace in our several divisions be thought convenient to be bought, driven, and carried and no more, so as the said purveyors, drivers and higglers be lawfully licensed so to do; and this our order to stand in force for the space of forty days, that in the mean time a joint conference may be had according to his Majesty's directions in that behalf with some of the magistrates of the said city and of the justices of such adjacent counties as the premises shall concern, and this Bench doth depute Sir Henry Berkeley, Sir John Horner, Kts., Robte Hopton, Esqr., and Sir Ralph Hopton, Knight, or any three or two of them to meet, treat and conclude with them in the said conference.

16. PROCEEDING AGAINST ENGROSSERS AND OTHER OFFENDERS [Somerset Quarter Sessions Records, Vol. 24, p. 152, No. 19], 1631.

General Sessions of the Peace held at Ivelchester the 19th, 20th, 21st and 22nd days of April, 7 Charles (1631).

Richard Granger maketh oath against William Hurde of Walton, yeoman, James Hurde of the same, Richard Pinckard of the same, yeoman, for buying corn in ground; against Jacob Hill of Halse, using a trade of clothing not being apprentice, William Rowswell of Wellington for regrating of cheese, Jacob Androwse of Bridgwater and Thomas Prinne of Somerton, partners, for buying corn in ground, John Durston of Wilton for buying and selling within five weeks, George Thome of Stogursey and John Brewer of Combwitch for the same offence, Edmund Galle of Bridgwater for taking extortion, Richard. Barker of Godnye in the parish of Meare for maintaining a cottage that hath not four acres of land.

17. ORDER OF SOMERSETSHIRE JUSTICES GRANTING A SETTLEMENT TO A LABOURER [Somerset Quarter Sessions Records, Vol. 24, p. 139, No. 4], 1630-1.

General Sessions of the Peace held at Wells the 11th, 12th, 13th and 14th days of January, 6 Charles.

Lyonell Wills having petitioned this Court, showing that whereas he hath remained in the parish of Tintenhull for the space of five years now last past, three years whereof he served as a labouring servant, and the two last years as a married man, although not with the consent of some of the parish, and during the said two latter years after he became a married man he endeavoured to take a house within the said parish for his money without any charge to the said parish; and some of the said parish hath forbidden him to remain there any longer and threateneth him, and those that would set or let him any house, to impose great pains on them that shall receive him or let him any house, whereby he is inforced to travel from place to place with his wife and children, and thereby doubteth that he shall in the end be taken as a vagrant; which, the Court taking into consideration, have thought fit to order that the said Lionell Wills be settled at Tintenhull, as they conceiveth by law he ought to be, if his petition be true. And that the said parishioners upon sight of this order do there receive him, and suffer him to be and abide, until they shall show good cause to the contrary to this Court. And that they do suffer him to take a house for his money within the said parish, which if they shall refuse to do, or impose any fines or pains upon those that shall set or let any house unto him or shall be willing thereunto, that then upon complaint thereof made unto Sir Robte Phelipps, Knight, or Thomas Lyte, Esqr., or either of them, they finding his petition to be true will be pleased to bind all such parties to the next Sessions as shall refuse thus to receive him or to trouble any that shall let set them a house to dwell in.

18. REPORT OF DERBYSHIRE JUSTICES ON THEIR PROCEEDINGS [S.P.D., Charles I, Vol. 202, No. 54], 1631.

Wirksworth Wapentake.

To Francis Bradshawe, Esq., High Sheriff of the County of Derby.

Sir,

In pursuit of the orders and directions given us in command as well by the printed book as also by several letters sent unto us from the right honourable the lords of her Majesty's most honourable Privy Council, we, whose names are hereunder written, having within our allotment the wapentake or hundred of Wirksworth, have had monthly meetings within the said hundred and have summoned both the high constable, petty constables, churchwardens, and overseers of the poor within that division and hundred to appear before us.

1. And first we have made diligent inquiry how all the said officers and others have done their duties in execution of the laws mentioned in the Commission, and what persons have offended against any of them, and punished such as we have found faulty.

2. We have taken care that the lords and parishioners of every town relieve the poor thereof, and they are not suffered to straggle or beg up and down either in their parishes or elsewhere. But such poor as have transgressed have been punished according to law, and the impotent poor there are carefully relieved. We have also taken especial care that both the stewards of leets and ourselves in particular have taken care for the reformation of abuses in bakers, alehousekeepers, breaking of assize, forestallers and regrators, against tradesmen of all sorts for selling with underweight, and have made search in market towns and other places and taken away and burned very many false weights and measures, and taken order for the punishing of the said offenders.

3. We have made special inquiry of such poor children as are fit to be bound apprentices to husbandry and otherwise, and of such as are fit to take apprentices, and therein we have taken such course as by law is required. And we find none refuse to take apprentices, being thereunto required.

4. We do not find upon our inquiry that the statute for labourers and ordering of wages is deluded, and the common fashion of none essoyning of course is restrained.

5. The weekly taxations for relief of the poor in these times of scarcity is raised to higher rates, and we have further observed the course appointed in the fifth article.

6. We have taken order the petty constables within our said division are chosen of the ablest parishioners.

7. Watches in the night and warding by day are appointed in every town for apprehension of rogues and for good order, and we have taken order to punish such as we have found faulty.

8. We have taken care that the high constable doth his duty in presenting to us the defaults of the petty constables for not punishing the rogues and in presenting to us the defaulters.

9. We find none presented to us that live out of service and refuse to work for reasonable wages.

10. We have one House of Correction at Ashborn within our wapentake, which is near the town prison, where such as are committed are kept to work.

11. We have punished several persons for harbouring rogues in their barns and outhouses, and have observed the further directions of the 11th article.

12. We have had care to see that all defects and defaults in the amending of highways be redressed, and the defaulters have been presented to the next quarter sessions and punished.

And as touching their lordships' letters and orders directed concerning corn and enclosures, we do at our monthly meetings take a strict account that the former orders therein taken by us in pursuit thereof be duly observed and put in execution, and particularly none sell such corn (as they are appointed to sell out of the market) but to the poor of the said parish. And neither the petty constable nor any other officer can (as they inform us) present any engrossers of corn, etc., or forestallers of markets.

The prices of corn (considering the times) are not on our markets in our opinion unreasonable, but are as follow, viz., wheat for the strike 5s., four peck making a strike, rye 4s., barley 3s. 4d., malt 5s., peas 4s., oats 2s. 6d.

We have made especial inquiry touching enclosures made within these two years, but find very few within our division, for the most of our wapentake hath been long since enclosed. Howsoever some few hath been presented, which we have commanded to throw down, and have stayed the proceedings of such enclosures as have been lately begun and are not finished.

We have no maltmakers in this wapentake but for their own use.

We have put down a full third part of all the alehouses within this wapentake; yet there are so great a multitude of poor miners within this wapentake that we are enforced to leave more alehousekeepers than otherwise we would.

We have taken order for the binding all cooks, alehousekeepers, victuallers and butchers within this hundred that they neither dress nor suffer to be dressed or eaten any flesh during the time of Lent or other days prohibited, and our recognizances to that purpose do remain with the Clerk of the Peace, to be by him certified according to the statute.

John Fitzherbert. Chr. Fulwood.

19. LETTER FROM PRIVY COUNCIL TO JUSTICES OF RUTLANDSHIRE[301] [Privy Council Register, Vol. VI, f. 345], 1631.

Whereas we have been made acquainted with a letter written by John Wildbore, a Minister in and about Tinwell within that county, to a friend of his here, wherein after some mention by him made of the present want and misery sustained by the poorer sort in those parts through the dearth of corn and the want of work, he doth advertize in particular some speeches uttered by a shoemaker of Uppingham (whose name we find not) tending to the stirring up of the poor thereabout to a mutiny and insurrection; which information was as followeth, in hæc verba: "Hearest thou?" saith a shoemaker of Uppingham to a poor man of Liddington, "If thou wilt be secret I will make a motion to thee." "What is your motion?" saith the other. Then said the shoemaker, "The poor men of Okeham have sent to us poor men of Uppingham, and if you poor men of Liddington will join with us, we will rise, and the poor of Okeham say they can have all the armour of the country in their power within half an hour, and in faith (saith he) we will rifle the churls." Upon consideration had thereof, however this Board is not easily credulous of light reports nor apt to take impression from the vain speeches or ejaculations of some mean and contemptible persons; yet because it sorts well with the care and providence of a state to prevent all occasions which ill-affected persons may otherwise lay hold of under pretence and colour of the necessity of the time, we have thought good hereby to will and require you, the Deputy Lieuts. and Justices of peace next adjoining, forthwith to apprehend and take a more particular examination as well of the said shoemaker as of such others as you shall think fit concerning the advertizement aforesaid; and that you take especial care that the arms of that county in and about those parts be safely disposed of; and likewise (which is indeed most considerable and the best means to prevent all disorders in this kind) that you deal effectually in causing the market to be well supplied with corn and the poor to be served at reasonable prices and set on work by those of the richer sort, and by raising of stock to relieve and set them on work according to the laws. All which we recommend to your especial care, and require an account from you of your doings and proceedings herein with all convenient expedition.

And so, etc.

[Footnote 301: Quoted Leonard, Early History of English Poor Relief, pp. 338-9.]

20. JUDGMENT IN THE STAR CHAMBER AGAINST AN ENGROSSER OF CORN [Camden Society. Cases in the Courts of Star Chamber and High Commission, edited by S.R. Gardiner], 1631.

In Camera Stellata, Michaelmas, 7o Caroli.

One Archer of Southchurch in Essex was brought ore tenus, being then charged by Mr. Attorney-General for keeping in his corn, and consequently for enhancing the price of corn the last year, which offence Mr. Attorney affirmed to be of high nature and evil consequence, to the undoing of the poor and malum in se, and then desired his examination taken before the Lord Keeper might be read. His examination purported that he had seen at the time of his examining a presentment that was made against him by the Grand Jury at the last Assizes in Essex before Justice Vernon for the said offence of keeping in his corn and enhancing; and for that he had made a bargain to sell the poor of the town where he dwelled rye for 7s. a bushell, and afterwards refused to perform his bargain unless he might have nine shillings a bushell: he denied his bargain, but for his excuse said, he sold to the towns about him for the poor, wheat at 7s. and 8s. a bushell, and at the latter end of the year for 5s., and rye for 7s., and 6s., etc., and some for 3s. and 6d. the bushell. He confessed he kept in his corn till June, and that he had 8 quarters of wheat, 60 quarters of rye, and 100 quarters of oats, and that his family were himself and his wife and daughters, two maids, and a man; he confessed that he sold none or very little of his corn in Rochford hundred where he dwelt, though he were commanded so to do by the Earl of Warwick; yet for his defence he further alleged that his barn was not visited by any justices or officers according to his Majesty's late proclamation and orders for that purpose, and that he had no notice of the said proclamation and orders; lastly, he confessed he sold most of his corn at London and Chelmsford, and that he bought his seed corn out of market, etc. His examination aforesaid was shewed to him and he confessed it to be true, and acknowledged his hand thereunto subscribed before it was read in court; and it being read, the Lord Keeper demanded of Archer what he could there say for himself, and what answer he would make to this accusation. The said Archer saith that he could make no other answer than he had made in his examination, and submitted himself to the mercy of the Court.

Mr. Attorney desired that their Lordships would proceed to sentence the said Archer according to his desert, and withall prayed that a precedent of a sentence given in the Star Chamber in the 29 and 30 of Queen Elizabeth against one Framingham of Norfolk in the like case might be read before their Lordships gave their sentence in this cause; and it was read. The said Framingham was accused upon his own confession in this Court ore tenus for destroying of husbandry in making cottages of his tenants' houses, taking away the land and letting it lie to pasture in his own hands, and letting the cottages at dear rates, and forstalling the markets, and enhancing the prices of corn, whereupon he was fined 500l. to the Queen, and ordered to pay 40l. to the poor, and to stand upon a stool in Cheapside with a paper on his head declaring his offence, and to lay his land again to the cottages, and to let them at reasonable rates.

Justice Harvey delivered his opinion, that whereas it hath pleased God to send a plentiful year, and yet the price of corn continued very high, himself and the rest of the Justices of the Peace that were in the last Quarter Sessions in Hertfordshire assembled, did advise among themselves how they might deal with the country to bring down the price, but they were afraid to meddle with any thing upon experience of their ill-taking what was so well intended by his Majesty, that by the late orders, thereupon taking occasion to go on and raise the prices of corn higher; he was of opinion that this man's punishment or example will do a great deal more good than all their orders which they might have made at the Sessions; and therefore he declared his offence to be very great, and fit to be punished in this Court; and adjudged him to pay 100 marks fine to the King, and 10l. to the poor, and to stand upon the pillory in Newgate Market an hour with a paper, wherein the cause of his standing there was to be written, put upon his hat, "For enhancing the price of corn"; and then to be led through Cheapside to Leadenhall Market, and there likewise to stand upon the pillory one hour more with the same paper upon his hat, and after this to be sent to Chelmsford, and there likewise in the market to stand upon the pillory.

Sir Thomas Richardson affirmed this offence to be an offence at the common law long before the King's proclamation and orders, and also against some statutes, that his keeping in his corn and not bringing it into the next markets by little and little as he ought to have done, and selling it at other markets when the price was as high as he would have it, was an enhancing the price of corn, and that the Justices in Essex did at the common law inquire of such enhancing the price of any victuals, and corn was certainly victual, bread the staff of man's life, and that keeping in of his corn in this manner was enhancing the prices of corn, which is punishable by the statute as well as forestallings, and approved of his Majesty's pious and honourable care for his people. Also he observed in the defendant's confession that he was guilty of forestalling the market, in buying seed corn out of market and not bringing so much of his own to supply the same in the next market. He therefore condemned the said Archer to be guilty of the said offences, and agreed in his said fine to the King, and would have him pay as much to the poor as the 100 marks wanted of 100l.

The Bishop of London[302] observed with Mr. Attorney that this was malum in se, and that this Archer was guilty of a most foul offence, which the Prophet hath in a very energetical phrase, "grinding the faces of the poor." He commended highly that speech of Justice Harvey, that this last year's famine was made by man and not by God, solicited by the hard-heartedness of men, and commended this observation as being made by his Majesty. And thereupon undertook to clear the wisdom of the Church, in ordaining to pray to God that he would be pleased to turn his scarcity and dearth, which cruel men (but He never) made, through His goodness and mercy into cheapness and plenty. He said that God taketh away the hardness and cruelty of men's hearts, which was the cause of the famine or scarcity, and He only; and therefore the Church hath very wisely ordained as aforesaid. He is glad to hear it declared to be an offence against the common law of this realm; and, therefore, seeing it had pleased God to load the earth so richly, and also to send so dry a time for the inning the same in the harvest, for, if that had wanted, all that abundance had been but an uncomfortable load, as we by our sins had deserved and was threatened, and yet for all this plenty corn was at an extreme rate, and they boast among themselves now they can keep their corn as long as they list and no fear of moulding, he thinks fit this man be made an example that others may fear to offend in the like kind. And assenteth to his fine to be 100 marks, and thinks fit, seeing he hath ground the faces of the poor, he should therefore help to seal them again, and pay 10l. to the poor; and the rest of the former sentence he assented unto. The Earl of Danby consented to the sentence in all, adding that he should pay but 10l. to the poor, and to stand likewise upon the pillory at the Palace, because some of all countries might take notice thereof.

The Earl of Dorset concurred in his sentence with the Earl of Danby, and commended my Lord Keeper and Mr. Attorney for their care and pains in bringing him to justice, and wished that inquiry should be made if the Justices of the Peace had made default in not visiting the said Archer's barns. But as for the Earl of Warwick, Sir Thomas Richardson had well declared that Lords and Peers of the Parliament were exempted from the services of the said orders, and yet that the Lord of Warwick out of his care had admonished him, etc.

Lord Privy Seal gave his sentence in few words, that Archer was guilty by his own confession of a very great offence, and well worthy the sentence aforesaid, and in full consented to it.

The Lord Keeper did affirm that it was indeed a good work to bring this man forth to be here sentenced, but that it was brought about by means of Justice Vernon, who informed him of the said Archer as being the only man presented in all his circuit for offending in this kind, and that to him this was to be attributed. He was of opinion, that the said Archer was guilty of enhancing the price of corn by keeping in his corn, as is confessed, in this time of scarcity, which was not a scarcity made by God (for there was enough to be had at dear prices and high rates). He affirmed the same to be an offence as well against the common law as against some statutes, and also he would not leave out against his Majesty's proclamation and orders, for his Lordship held there was an aggravation to his offence. And his Lordship declared further (and wished it might be taken notice of, as well as of what had already been spoken, for that much had been said that day of singular use and benefit for the commonwealth), that these were no new opinions. And to that purpose showed that in the old charge to the quest of inquiry in the King's Bench, this enhancing the prices, not only of corn but of any other commodities, was inquirable and to be there punished; also [he] cited a statute whereby those that agree to keep up the price of any commodities, agreeing to sell all at one price, and those that raise false news to bring down the price of any commodities from what they are justly worth, are punishable; as those that raised news that there were great wars beyond sea, and there would be no vent for cloth, and told the same in the country at Coxsall, for that the prices of wools fell there, and they were punished for it. And his Lordship vouched a precedent of one for procuring the raising the price of a certain commodity, for which he was informed against in the King's Bench, and though his Counsel alleged that he had done nothing, he had but spoken, and his offence was in words only, yet he was adjudged an enhancer for but advising the same. And [he] vouched a statute or proclamation in the time of H. 8 for setting the prices on corn, and the like orders and proclamations in the times of E. 6, Queen Eliz. and King James, and agreed it to be well spoken by the Earl of Dorset, that if any shall do any thing tending to depopulation, over and besides his punishment, he shall be enjoined to populate as much, as the said Framingham was: and vouched a book case, where one complaining against another for letting down a sea wall, so that not only his, but diverse other men's grounds were surrounded, the judgment was given in the common pleas that the plaintiff should recover his damages, and the defendant should also make up the said wall at his costs and charges. And thereupon his said Lordship consented to the highest censure against the said Archer for his forestalling the market and keeping in his corn to the enhancing of the price, to the great hurt of the common people, especially the poor labourer: and committed Archer to the Fleet from whence he came.

[Footnote 302: i.e. Laud.]

SECTION V

THE ENCOURAGEMENT OF INDUSTRY AND COMMERCE

1. Letters Patent granted to the Cabots by Henry VII, 1496--2. The Merchant Adventurers' Case for Allowing the Export of Undressed Cloth, 1514-36--3. The Rise in Prices, the Encouragement of Corn growing, and the Protection of Manufactures, c. 1549--4. Sir Thomas Gresham on the Fall of the Exchanges, 1558--5. The Reasons why Bullion is Exported [temp. Eliz.]--6. The Italian Merchants Explain the Foreign Exchanges, 1576--7. An Act Avoiding divers Foreign Wares made by Handicraftsmen Beyond the Seas, 1562--8. An Act Touching Cloth Workers and Cloth Ready Wrought to be Shipped over the Sea, 1566--9. Incorporation of a Joint Stock Mining Company, 1568.--10. An Act for the Increase of Tillage, 1571--11. Instructions for an English Factor in Turkey, 1582--12. The Advantages of Colonies, 1583--13. Lord Burghley to Sir Christopher Hatton on the State of Trade, 1587--14. A List of Patents and Monopolies, 1603--15. Instructions Touching the Bill for Free Trade, 1604--16. The Establishment of a Company to Export Dyed and Dressed Cloth in Place of the Merchant Adventurers, 1616--17. Sir Julius Cæsar's proposals for Reviving the Trade in Cloths, 1616--18. The Grant of a Monopoly for the Manufacture of Soap, 1623--19. The Statute of Monopolies, 1623-4--20. An Act for the Free Trade of Welsh Cloths, 1623-4--21. The Economic Policy of Strafford in Ireland, 1636--22. Revocation of Commissions, Patents, and Monopolies Granted by the Crown, 1639--23. Ordinance Establishing an Excise, 1643.

The attempts made between 1405 and 1660 to develop industry and commerce are usually known as "the Mercantile System." But the name is an unfortunate one. The mercantile system was not specially mercantile; for, as preceding sections have shown, government interference was not confined to matters of commerce; nor was it a system, but a collection of opportunist expedients, nearly all of which had been tried in preceding centuries. It is true, however, that after the accession of Elizabeth, the efforts already made under Henry VII and Henry VIII to foster commerce (see Schanz, Englische Handelspolitik gegen Ende des Mittelalters) were carried on with greater persistency and deliberation. It is from this period, therefore, that the documents in this section are principally drawn.

The most pressing economic problem in the middle of the sixteenth century was the fall in the value of money, caused, principally, by the influx of silver from America, but to a less extent by the debasement of the currency, which led to a rise in prices (No. 3), and a disturbance of the foreign exchanges (Nos. 4 and 5), and which could be met to some small extent by calling in the base coin (Nos. 4 and 5). This the government did in 1560. In 1570, in its anxiety to prevent the efflux of bullion, it took steps to impose a special tax on all exchange transactions, but such a tax was really a tax on banking, and its consequences, according to the business houses concerned, were disastrous (No. 6). The most certain way, however, of securing adequate supplies of bullion was thought to consist in checking imports and encouraging exports (Nos. 3 and 5); and the policy was strengthened by other considerations (No. 3). The general policy under Elizabeth was to discourage imports in order to prevent unemployment at home (Nos. 3 and 7), to encourage corn-growing by allowing the export of wheat, except in times of scarcity, on payment of a small duty (Nos. 3 and 10), and to encourage the export of manufactured articles rather than of raw materials, especially the export of dyed and finished cloth (Nos. 3, 8, 11 and 12), any interruption of which caused distress (No. 13). The policy which had been pursued under Henry VIII threatened the vested interests of the Merchants Adventurers, who complained that they could not find markets for finished cloth (No. 2). In the reign of James I a more ambitious attempt was made in the same direction, and in 1614, when the abrupt dissolution of Parliament had left the government in financial difficulties, a plan was initiated for preventing the exportation of cloths not dyed and dressed in England. As the Merchant Adventurers refused to be a party to it, a new company was established to carry on the desired trade, and was granted a charter in 1616 (No. 16). The result of this policy was a tariff war with the Netherlands and acute distress at home, and, after various suggestions for reviving trade had been made (No. 17), the abandonment of the undertaking. The political motives of mercantilism, as well as its economic aims, are illustrated by Strafford's account of his policy in Ireland (No. 21). Of more enduring importance, perhaps, than mercantilist schemes were the development of Joint-Stock Companies (No. 9), the expansion of commercial enterprize (No. 11), and the attempts to establish colonies (No. 12).

Among the methods for fostering industry, and incidentally for raising an unparliamentary revenue, the granting of patents and monopolies holds an important place. These patents ranged from grants of the sole conduct of important industries (Nos. 14 and 18) to grants of trifling offices of profit and pensions (Nos. 14 and 22). The reaction against the interference of the Crown with trade is excellently expressed in the report of the Committee on "the Bill for Free Trade" (No. 15), a document which, in spite of the fact that the Bill was dropped, is of the highest economic and constitutional importance (see Gardiner, Vol. I, pp. 188-190). It is concerned primarily with monopolies enjoyed by trading companies, such as the Company of Merchant Adventurers, the Eastland Company, and the Russia Company. But its arguments apply a fortiori to patents granted to individuals, and throw much light on the nature of the economic opposition to the Stuarts. The effect of the attitude of Parliament was seen later in the Act abolishing internal and local restrictions on the trade in woollen cloths (No. 20), in the Statute of Monopolies (No. 19), and in the revocation by Charles in 1639 of patents granted during the period of personal government (No. 22). The place occupied by monopolies in the Stuarts' fiscal system was later, when the Civil War began, partially filled by the Excise (No. 23).

AUTHORITIES

There is no book covering the commercial history of the whole period. The most useful works are:--Schanz, Englische Handelspolitik gegen Ende des Mittelalters; Cunningham, English Industry and Commerce, Modern Times, Part I; Scott, Constitution and Finance of English Joint Stock Companies; Busch, England Under the Tudors; Gardiner, History of England 1603-1642; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries; Rogers, English Industrial and Commercial Supremacy, and The Economic Interpretation of History; Ehrenberg, Das Zeitalter der Fugger; Price, The English Patents of Monopoly; Hewins, English Trade and Finance in the Seventeenth Century; Kennedy, English Taxation, 1640-1799; Schmoller, Mercantilism (translated by Ashley); Keith, Commercial Relations Between England and Scotland; Murray, Commercial Relations Between England and Ireland; Beer, The Old Colonial System; Durham, Relations of the Crown to Trade under James I (Trans. R.H.S., New Series, Vol. XIII).

The student may also consult the following:--

(1) Documentary Sources:--Gairdner, Letters and Papers of Henry VIII; S.P. Dom. from 1558 to 1660; The Acts of the Privy Council; The Commons Journals; and the Statutes of the Realm, which are particularly instructive on the subject of commercial policy. An invaluable collection of documents is given by Schanz, op. cit., Vol. II; and useful, though smaller ones, by Scott, Price, Cunningham, and Unwin.

(2) Literary Sources:--Starkey, Dialogue Between Cardinal Pole and Thomas Lupset; The Italian Narration of England (Camden E.E.T.S. Society, 1847); Dudley, The Tree of Commonwealth (1509); Drei Volkswirtschaftliche Denkschriften aus der Zeit Heinrich VIII von England, edited by Pauli; The Commonwealth of this Realm of England; Wilson, Discourse upon Usury (1572); Malynes, A Treatise of the Canker of England's Commonwealth (1601); Wheeler, Treatise of Commerce (1601); Malynes, Consuetudo vel Lex Mercatoria (1622); Misselden, Free Trade (1622); Bacon, History of King Henry VII (1622); Knowler, Letters and Despatches of Thomas Wentworth, Earl of Strafford; Robinson, England's Safety in Trade's Increase (1641).

1. LETTERS PATENT GRANTED TO THE CABOTS BY HENRY VII [R.O. Pat. 4 Ed. VI, p. 6], 1496.

The King to all to whom, etc., greeting. It is manifest to us by inspection of the rolls of our Chancery that the lord Henry the Seventh, late King of England, our dearest grand father, caused his letters patent to be made in these words:

Henry by the grace of God King of England and France and Lord of Ireland, to all to whom the present letters shall come, greeting. Be it known and manifest that we have given and granted, and by these presents we do give and grant for us and our heirs to our beloved John Cabot, citizen of Venice, and Lewis, Sebastian and Sanctus, sons of the said John, and the heirs and deputies of them and every of them, full and free authority, faculty and power to sail to all parts, regions and gulfs of the sea, east, west and north, under our banners, standards, and ensigns, with five ships or boats of whatsoever portage or kind they be, and with as many sailors and men as they wish to take with them in the said ships at their own and the others' costs and expenses, to find, discover and search out any isles, countries, regions or provinces of heathens and infidels whomsoever set in any part of the world soever, which have been before these times unknown to all Christians. We have granted also to the same and to every of them and to the heirs and deputies of them and every of them, and given licence for them to affix our aforesaid banners and ensigns in any town, castle, isle or solid land soever newly found by them; and that the aforenamed John and his sons or heirs and the deputies of the same may subjugate, occupy and possess any such towns, castles and islands found by them which can be subjugated, occupied and possessed, as our vassals and governors, lieutenants and deputies of the same, acquiring for us the lordship, title and jurisdiction of the same towns, castles, islands and solid land so found; so, nevertheless, that of all fruits, profits, emoluments, commodities, gains and obventions arising from such voyages, the aforesaid John and his sons and heirs and their deputies be held and bound to pay to us for every voyage, as often as they touch at our port of Bristol, at which alone they are held and bound to touch, after deducting the necessary costs and expenses made by them, a fifth part of their capital gain made whether in wares or in money; giving and granting to them and their heirs and deputies that they be free and immune from all payment of customs on all and singular goods and wares which they bring back with them from those places so newly found. And further we have given and granted to the same and to their heirs and deputies that all lands, farms, isles, towns, castles and places whatsoever found by them, as many as shall be found by them, may not be frequented or visited by any other our subjects soever without licence of the aforesaid John and his sons and their deputies, under pain of loss as well of the ships or boats as of all goods whatsoever presuming to sail to those places so found; willing and most straitly commanding all and singular our subjects set as well on land as on sea that they give good assistance to the aforesaid John and his sons and deputies and show all their favour and aid as well in manning the ships or boats as in provision of equipment and victuals to be bought for their money and all other things to be provided for them to be taken for the said voyage. In witness whereof we have caused these our letters patent to be made. Witness myself at Westminster, 5 April in the 11th year of our reign.

And we, because the letters aforesaid have been lost by mischance, as the aforesaid Sebastian, appearing in person before us in our Chancery, has taken a corporal oath, and that he will restore those letters to us into the same our Chancery to be cancelled there, if he shall find them hereafter, have deemed fit to exemplify by these presents the tenour of the enrolment of the letters aforesaid, at the request of the same Sebastian. In witness whereof these our letters, etc. Witness the King at Westminster, 4 June.

2. THE MERCHANT ADVENTURERS' CASE FOR ALLOWING THE EXPORT OF UNDRESSED CLOTH [Br. M. Cotton MS. Tib. D. VIII, f. 40[303]], 1514-1536.

Considerations alleged by the governor and fellowship of merchant adventurers to prove how it were more for the universal wealth of the realm of England to convey and send over the sea to the markets accustomed cloths of all prices, not dressed nor shorn, than cloths dressed and shorn.

First it is to be noted, marked and considered, that in few years after the act of Parliament made, that no sort of cloths draped and made within the realm of England being above the price of five marks sterling the piece should be conveyed over the sea undressed and unshorn, the same sort of cloths, which at that day were bought for five marks, be now at this present day by the industry of the said merchants uttering the said cloths sold within the realm for four pounds sterling, which is a great enriching of the whole realm, so that the said merchants think it to stand with reason and conscience, that those sort of cloths, of four pounds the piece, ought to be reputed and taken, in regard of the act, after cloths of five marks the piece.

Item the merchants of those parts buying English cloths will in no wise meddle with any cloths, that be dressed, unless they may have them at a price far under the foot; for it is in experience daily, that the merchants of England conveying over the sea a sort of cloths every of them being of like length and goodness, whereof the one half of them have dressed and shorn and the other half undressed and unshorn, the said merchants shall sell those cloths being undressed five shillings dearer in every cloth, than those that be dressed; also those cloths undressed be meet and ready for every man and the other dressed but only for one man, so that against one cloth dressed the merchants of England shall sell five hundred undressed, whereby it appeareth, that it were for the common weal and great enriching to the realm of England to send over into those parts all sorts of cloths undressed and but a singular and private wealth to dress any such cloths; for there be many more in number, that live by making of cloths and selling of the same, than there be that live by dressing of cloths.

Item the common people of those parts, by whom the most part of those cloths be consumed, do use in their garments sundry colours not accustomed to be worn here in England, which colours cannot be made, unless they buy their cloths undressed; for the dressing of cloths here and there vary and alter so much, that the dressing will take in manner none of their colours. And in case the merchants of England should bring over such cloths dressed, they should not only be undone in the sale of them, but also it were to be doubted, that in brief time after they would wholly relinquish the buying and wearing of any English cloths in those parts, which God defend.

Item there be certain coarse cloths named long Glemsters, and notwithstanding their coarseness the King's Grace is paid for a cloth and a third part in his custom; and if the buyer will cut off 6 or 8 yards of the said cloth, he may lawfully convey it over notwithstanding the act, which should be a great loss in the sale and an occasion that the strangers should not buy them, wherefore the said governor and merchants say, that the said cloths ought of right to pass for cloths under five marks the piece.

Item at this present day, our Lord be thanked, there is shipped and conveyed out of England into those parts more number of cloths of all sorts and there uttered sold and consumed, than ever hath been in memory of man; and considering, cloth is now there in such high estimation and hath so good vent, the said merchants think, under correction, that it were not necessary, but an utter peril and danger, to attempt them to any other purpose to alter them out of this good trade, which our Lord continue.

Item the inhabitants of those parts by the make of English cloths in frieze consume, waste and spend a great quantity and number of them, which frieze undoubtedly after their using and wearing cannot be made of English cloths dressed here, so that by the only means thereof it should be a great diminution and decay to the common weal of this realm, if the said act for dressing of cloths should take place or effect.

Item the inhabitants of the realm of England have the buying and selling of the wool, one with another, they have also the carding, spinning, weaving, fulling and the first sale of such cloths, and the inhabitants of those parts have only the dressing and shearing of certain of the said cloths, whereby the inhabitants there been a little relieved and a few number of them for a time set to work; yet by means thereof the rulers and honest burgesses of the towns be desirous to have the nation of England to haunt their said towns, and entertain them with much familiarity and friendship. And it is much to be feared and doubted, that if the realm of England should all covet and they to have no relief nor comfort by the same, that they of Antwerp and other places, studying their common weal, would not only find means ways and occasions to expel the nation from them, but also that no English cloths should be there consumed nor sold, which our Lord defend.

[Footnote 303: Quoted Schanz, Vol. II, pp. 571-3.]

3. THE RISE IN PRICES, THE ENCOURAGEMENT OF CORN-GROWING, AND THE PROTECTION OF MANUFACTURES [The Commonweal of this Realm of England], c. 1549.

f. 17b-f. 20.

Knight. How can that be? What maketh it the matter what sort of coin we have amongst ourselves, so it be current from one hand to another, yea, if it were made of leather?

Doctor. Ye see, men commonly say so; but the truth is contrary; as not only I could prove by common reason, but also that proof and experience hath already declared the same. But now we do not reason of the causes of these griefs, but what state of men be grieved indeed by this dearth of things; and albeit I find every man grieved by it in one thing or other, yet considering that, as many of them as have wares to sell, do enhance as much in the price of all things that they sell as was enhanced before in the price of things that they must buy; as the merchant, if he buy dear, he will sell dear again. So the artificers, as cappers, clothiers, shoemakers and farriers, have respect large enough, in selling their wares, to the price of victual, wool and iron, which they buy. I have seen a cap for 14d., as good as I can get now for 2s. 5d.; of cloth ye have heard how the price is risen. Then a pair of shoes costeth me 12d. now, that I have in my days bought a better for 6d. Then I can get never a horse shod under 10d. or 12d. [now], where I have seen the common price was 6d. for shoeing of a horse round, yea, and 8d. (at the most) till now of late. I cannot, therefore, understand that these men have greatest grief by this common and universal dearth, but rather such as have their livings and stipends rated at a certainty, as common labourers at 6d. the day, journeymen of all occupations, serving men [at] 40s. the year, and gentlemen whose lands are let out by them or their ancestors either for lives or for term of years, so as they can not enhance the rent thereof though they would, and yet have the price enhanced by them of every thing that they buy. Yea the King's Highness, whereof we spake nothing all this while, as he hath most of yearly revenues and that certain, so hath he most lost by this dearth, and by the alteration especially of the coin. For like as a man, that hath a great number of servants under him, if he would grant that they should pay him [pins] weekly where [before] they paid him [pence], I think he should be most loser himself. So we be all but gatherers for the King's Majesty, that be his subjects; we have but every man a poor living; the clear gains cometh for the most [part] to the King's grace. Now if his Grace do take of us the overplus of our getting in this new coin, where he was wont to be paid in other good coin, I report me to you whether that will go as far as the other, in proportion of his necessaries and of the Realm. I think plainly no; for though his Highness might, within his own realm, have things at his own price, as his Grace can not indeed without great grudge of his magistrates and subjects; yea, since his Majesty must have from beyond the seas many things necessary not only for his Grace's household and ornaments, as well for his grace's person and family, as of his horses, which [percase] might be by his Grace somewhat moderated, but also for the furniture of his wars, which by no means can be spared; as armour, and all kinds of artillery, anchors, cables, pitch, tar, iron, steel, handguns, gunpowder, and many other things more than I can reckon, which his Grace must needs buy from beyond the seas, at the price the stranger will set him them at. I pass over the enhancement of the charges of his Grace's household, which is common to his grace with all other noble men. [Therefore], I say, his Majesty hath most loss, by this common dearth, of all other; and not only loss, but danger to the Realm and all his subjects, if his Grace should want treasure to purchase the said habiliments and necessaries for war, or to find soldiers in time of need, which passeth all other private losses that we spake of.

Capper. We hear say, that the King's Majesty maketh up his losses that way by the gains which he hath by the mint another way. If that be too short, he supplieth that lack by subsidies and impositions of his subjects, so as his Grace can not lack, so long as his subjects have it.

Doctor. You say well there. So long as the subjects have it, so it is meet the King should have it; but what and they have it not? for they cannot have it, when there is no treasure left within the realm. And as touching the mint I account the profit much like as if a man would take his wood up by the roots, to make [the more profit thereof at one time, and ever after to lose] the profit that might grow thereof yearly, or to pull the wool of his sheep by the root. And as for the subsidies; how can they be large when the subjects have little to depart with? and yet that way of gathering treasure is not always most safe for the prince's surety; for we see many times the profits of such subsidies spent in appeasing of the people that are moved to sedition partly by occasion of the same....

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f. 31b-f. 34.

Doctor. Mary, the first way [sc. to equalize the profits of tillage and pasture-farming] is to make that wool be of as base a price [to] the breeder thereof as the corn is; and that shall be, if you make alike restraint of wools, for passing over the sea unwrought, as ye make of corn. Ye have a law made that no corn shall pass over and it be above a noble a quarter; if it be under ye give free liberty for it to pass over; let wool be restrained likewise, for passing over, so long as it is above 12s. 4d. the tod; and when it is under let it have free passage; that is one way. Another is, to increase the custom of wool that passeth over unwrought; and by that the price of it shall be based to the breeders, and yet the price over the sea shall be never the less. But that is increased in the price thereof [on] strangers shall come unto the King's Highness; which is as profitable to the Realm as though it came to the breeders, and might relieve them of their subsidies. Thus far as touching the bringing down the price of wools; now to the enhancing of the same price in corn, to be as equivalent to the husbandman as wool should be. And that might be brought to pass if ye will let it have as free passage over sea at all times, as ye have now for wool.

Merchant. By the first two ways men would send less wool over sea than they do now; and, by that way, the King's customs and profits of his staple should be minished; by your latter way, the price of corn should be much enhanced, wherewith men should be much grieved.

Doctor. I wot well it would be dear at the first; but if I can persuade you that it were reasonable it were so, and that the same could be no hindrance to the Realm universally, but great profit to the same, then I think we would be content it should be so; and as touching the King's custom, I will speak afterward.

Merchant. I will grant, if you can show me that.

Doctor. I will essay it, albeit the matter be somewhat intricate, and as I showed you before, at the first face will displease many; for they will say, Would you make corn dearer than it is? Have you dearth enough else without that? Nay I pray you find means to have it better cheap, if it may be, it is dear enough already; and such other like reasons would be said. But now let the husbandman answer such men again. Have not the grazers raised the price of your wools and pelts? and you merchant men, clothiers and cappers, raised the price of your merchandize and wares over it was wont to be in manner double? Is it not as good reason then I should raise the price of my corn? What reason is it that you should be at large, and I to be restrained? Either let us all be restrained together, or else let us all be at like liberty. Ye may sell [your wool] over the sea, your fells, your tallow, your cheese, your butter, your leather, which riseth all by grazings, at your pleasure, and that for the dearest penny ye can get for them. And I shall not send out my corn, except it be at 10d. the bushel or under. That is as much to say, as we that be husbandmen should not sell our wares, except it be for nothing, or for so little we shall not be able to live thereof. Think you that if the husbandman here did speak these words, that he did not speak them reasonable?

Husbandman. I thank you with all my heart; for you have spoken in the matter more than I could do myself, and yet nothing but that is true. We felt the harm, but we wist not what was the cause thereof; many of us saw, 12 years ago, that our profits was but small by the ploughs; and therefore divers of my neighbours that had, in times past, some two, some three, some four ploughs of their own, have laid down, some of them [part, and some of them all] their teams, and turned either part or all their arable ground into pasture, and thereby have waxed very rich men. And every day some of us encloseth a [plot] of his ground to pasture; and were it not that our ground lieth in the common fields, intermingled one with another, I think also our fields had been enclosed, of a common agreement of all the township, long ere this time. And to say the truth, I, that have enclosed little or nothing of my ground, could [never be able] to make up my lord's rent were it not for a little breed of neat, sheep, swine, geese, and hens that I do rear upon my ground; whereof, because the price is somewhat round, I make more clear profit than I do of all my corn; and yet I have but a bare living, by reason that many things do belong to husbandry which now be exceeding chargeable over they were in times past.

Capper. Though this reason of master doctor's here doth please you well that be husbandmen, yet it pleaseth us that be artificers nothing at all, which must buy both bread, corn and malt for our penny. And whereas you, master doctor, say it were as good reason that the husbandman would raise the price of his corn, and have as free vent of the same over sea as we [do and have of our wares], I cannot greatly deny that; but yet I say, that every man hath need of corn, and so they have not of other wares so much.

Doctor. Therefore the more necessary that corn is, the more be the men to be cherished that reared it; for if they see there be not so much profit in using the plough as they see in other feats, think you not that they will leave that trade, and fall to the other that they see more profitable? as ye may perceive by the doings of this honest man's neighbours, which have turned their arable land to pasture, because they see more profit by pasture than by tillage. Is it not an old saying in [Latin], honos alit artes, that is to say, profit or advancement nourisheth every faculty; which saying is so true, that it is allowed by the common judgement of all men. We must understand also that all things that should be done in a common wealth be not to be forced, or to be constrained by the straight penalties of the law; but some so, and some other by allurement and rewards rather. For what law can compel men to be industrious in travail, and labour of their bodies, or studious to learn any science or knowledge of the mind? to these things they may be well provoked, encouraged, and allured, if they that be industrious and painful be well rewarded for their pains, and be suffered to take gains and wealth as reward of their labours. And so likewise [they] that be learned, if they be advanced and honoured according to their forwardness in learning, every man will then study either to be industrious in bodily labour, or studious in things that pertain to knowledge. Take this reward from them, and go about to compel them by laws thereto, what man will plough or dig the ground, or exercise any manual occupation wherein is any pain? Or who will adventure over seas for any merchandise? or use any faculty wherein any peril or danger should be, seeing his reward shall be no more than his that sitteth still? But ye will percase answer me, that all their rewards shall not be taken away, but part of it. Yet then you must grant me, that as if all their rewards were taken from them, all these faculties must needs decay; so if part of that reward be minished, the use of those faculties shall minish withall, after the rate; and so they shall be the less occupied, the less they be rewarded and esteemed. But now to our purpose; I think it more necessary to devise a mean how husbandry might be more occupied, rather than less, which I cannot perceive how it may be brought to pass, but as men do see the more gains therein, the gladder they will occupy the feat. And this to be true [that] some things in a common wealth must be forced with pains and some by rewards allured [may appear] by that that the wise and politic senator Tully writeth, saying, that it was the words of Solon, which was one of the seven men of Greece, and of those seven the only man that made laws, that a common wealth was holden up by things chiefly, that is, by reward and pain; of which words I gather that men should be provoked to good deeds by rewards and price, and [to] abstain from evil doings by pains. Trow you, if husbandmen be not better cherished and provoked than they be to exercise to plough, but in process of time so many ploughs will be laid down (as I fear me there be already) that if an unfruitful year should happen amongst, us, as commonly doth once in seven years, we should then not have only dearth, but also such scarceness of corn, that we should be driven to seek it from outward parts, and pay dear for it....

* * * * *

f. 34b-f. 38.

Doctor. You have heard that by the free vent and sale of corn, the husbandman's profit is advanced. Then it is showed how every man naturally will follow that wherein he seeth most profit. Therefore men will the gladder occupy husbandry. And the more do occupy husbandry, the more plenty of corn must needs be; and the more plenty of corn there is, thereof better cheap; and also the more will be spared over that that shall suffice the realm; and then, that may be spared in a good year shall bring us again other corn, or else the commodities of other countries necessary for us. Then the more husbandry is occupied, the more universal breed should be of all victuals, as of neat, sheep, swine, geese, eggs, butter, and cheese, for all these are reared much of corn.

Knight. If men should sell, when a good reasonable year is, all that is overplus when the realm is served, what should we do if a barren year should happen, when no store of corn is left of the good year before?

Doctor. First, you must consider that men be sure they will keep enough to serve themselves within the realm, or they sell any forth of the same; and having liberty to sell at their pleasure, doubt ye not, but they had liefer sell their corn 2d. or 4d. better cheap within the realm, than to be at charges with carrying, and peril of adventure, in sending it over the sea, and sell it dearer (except it be for much more gains). And thus men, being provoked with lucre, will keep the more corn, looking for a dear year in the country, whereby must need be the greater store. And though they did not so, but should sell over the sea all that they might spare over that serveth the realm when the year is plentiful, yet by reason that, through the means aforesaid, more ploughs are set to work than would suffice the realm in a plentiful year, if a scarce year should fall after, the corn of so many ploughs, as in a good year would be more than enough, in [an unfruitful] year at the least should be sufficient to serve the realm. And so should the realm be served with enough of corn in a scarce year, and in a plenteous year no more than enough, which might be sold over the sea for great treasure or other commodities; where now, in a plentiful year, we seek to have as much as may suffice the realm. Then if a scarce year should happen, we must needs lack of our own to serve, and be driven to buy from beyond the sea. And then, if they were as envious as we are, might they not say, when we required any corn of them, that seeing they could get none from us, when we had plenty, why should they let us have any corn when we have scarcity? Surely common reason would that one region should help another when it lacketh. And therefore God hath ordained that no country should have all commodities; but that, that one lacketh, another bringeth forth, and that, that one country lacketh this year, another hath plenty thereof the same year, to the intent that one may know they have need of another's help, and thereby love and society to grow amongst all the more. But here we will do as though we had need of no other country in the earth, but to live all of ourselves; and [as] though we might make the market of all things as we list ourselves; for though God is bountiful unto us and sendeth us many great commodities, yet we could not live without the commodities of others. And, for an ensample, of iron [and] salt, though we have competently thereof, yet we have not the third part to suffice the realm; and that [can] in no wise be spared if we will occupy husbandry. Then tar, resin, pitch, oil, steel, we have none at all; as for wines, spices, linen cloth, silks, and collars, though we might live so without them, yet far from any civility should it be. As I deny not [but many things we might have here sufficiently that we buy now beyond the seas, and] many things we might spare wholly; whereof, if time shall serve, I will talk more hereafter. But now to return to the first point that I spake of before, to be one of the means to bring husbandry up, that is by abasing the estimation of wool and fells; though I take not that way to be as good as the other, for I do not allow that mean that may base any of our commodities except it be for the enhancement of a better commodity, but if both commodities may be enhanced together, as by the last device I think they might be, I allow that way better; nevertheless whereas you, brother merchant, showed before that either by restraining of wools or other commodities, till they were equivalent within the realm after the rate of the corn, or by enhancing the custom of wool and other the said commodities, were brought like to the corn in proportion, the King's Highness' custom should be minished, I think not so. For the one way, as much as he should have for the more wool vented over, so much should he have for the less wool at a greater custom vented over. And the other way is, as much as his Grace should lose by his custom of wool, so much or more should his Grace win by the custom of clothes made within the realm. But one thing I do note by this latter device, that if they should take place, we must do; that is, if we keep within us much of our commodities, we must spare many other things that we have now from beyond the seas; for we must always take heed that we buy no more of strangers than we sell them [for so we should empoverish ourselves and enrich them]. For he were no good husband that hath no other yearly revenues but of husbandry to live on, that will buy more in the market than he selleth again. And that is a point we might save much by of our treasure, in this realm, if we would. And I marvel no man taketh heed unto it, what number first of trifles cometh hither from beyond the seas, that we might either clean spare, or else make them within our own realm, for the which we pay inestimable treasure every year, or else exchange substantial wares and necessary for them, for the which we might receive great treasure. Of the which sort I mean glasses, as well looking as drinking, as to glass windows, dials, tables, cards, balls, puppets, penhorns, inkhorns, toothpicks, gloves, knives, daggers, pouches, brooches, agletes, buttons of silk and silver, earthen pots, pins, points, hawk's bells, paper both white and brown, and a thousand like things, that might either be clean spared, or else made within the realm sufficient for us. And as for some things, they make it of our own commodities and send it us again; whereby they set their people on work, and do exhaust much treasure out of this realm. As of our wool they make cloth, caps, and carses; of our fells they make Spanish skins, gloves, girdles; of our tin, salts, spoons and dishes; of our broken linen cloth and rags, paper both white and brown. What treasure, think you, goeth out of this realm for every of these things? And then for all together it exceedeth my estimation. There is no man that can be contented with any other gloves than is made in France or in Spain; or carse, but it must be of Flanders dye; nor cloth, but it must be of French dye or fresadow; nor brooch nor aglet, but of Venice making or Milanese; nor dagger, sword, nor girdle, or knife, but of Spanish making; no, not so much as a spur, but it must be fetched at the milliner's hand. I have seen within these twenty years, when there were not of these haberdashers that sell French or Milan caps, glasses, as well looking as drinking, yea, all manner vessels of the same stuff; painted cruses, gay daggers, knives, swords, and girdles that is able to make any temperate man to gaze on them, and to buy somewhat, though it serve to no purpose necessary. What need they beyond the sea to travel to Peru or such far country, or to try out the sands of the river Tagus in Spain [Pactolus] in Asia and Ganges in India, to get amongst them small sparks of gold, or to dig the bowels of the earth, for the mine of silver and gold, when they can of unclean clay, not far sought for, and of [pebble] stones and fern roots make [good] gold and silver more than a great many of gold mines would make. I think not so little as a hundred thousand pound a year is fetched of our treasure for things of no value of themselves, but only for the labours of the workers of the same, which are set on work all of our charges. What grossness be we of, that see it and suffer such a continual spoil to be made of our goods and treasure, by such means and specially, that will suffer our own commodities to go, and set strangers on work, and then to buy them again at their hands; as of our wool they make and dye carses, fresadows, broadcloths, and caps beyond the seas, and bring them hither to be sold again; wherein note, I pray you, what they do make us pay at the end for our stuff again, for the stranger custom, for the workmanship, and colours, and lastly for the second custom in the return of the wares into the realm again; whereas, with working the same within our realm, our own men should be set on work at the charges of strangers; the custom should be borne all by strangers to the king, and the clear gains to remain within the realm....

* * * * *

f. 53b-f. 55.

And now, because we are entered into communication of artificers, I will make this division of them. Some of them do but bring money out of the country; some other, that which they do get, they spend again in the country; and the third sort of artificers be they that do bring treasure into the country. Of the first, I reckon all mercers, grocers, vintners, haberdashers, milliners, and such as do sell wares growing beyond the seas, and do fetch out our treasure of the same. Which kind of artificers, as I reckon them tolerable, and yet are not so necessary in a commonwealth but they might be best spared of all other; yet if we had not other artificers, to bring in as much treasure as they bring forth, we should be great losers by them. Of the second sort be these: shoemakers, tailors, carpenters, masons, tilers, butchers, brewers, bakers, victuallers of all sorts, which like as they get their living in the country, so they spend it; but they bring in no treasure unto us. Therefore we must [cherish] well the third sort; and these be clothiers, tanners, cappers, and worsted makers only that I know, [which] by their misteries and faculties, do bring in any treasure. As for our wool, fells, tin, lead, butter and cheese, these be the commodities that the ground bears, requiring the industry of a few persons; and if we should only trust to such, and devise nothing else to occupy ourselves, a few persons would serve us for the rearing of such things, and few also [it would] find; and so should the realm be like a [grange], better furnished with beasts than with men; whereby it might be subject to the spoil of other nations about. Which is the more to be feared and eschewed, because the country of his own kind is apt to bring forth such things, as is said before, for the breed of cattle, than for such things as [be] for the nourishment of men, if Pomponius Mela be to be believed, which describing the island, saith thus: plana, ingens, fecunda, verum iis que pecora quam homines benignius alunt. That is to say, it is plain, large and plentiful, but of those things that nourisheth beasts more kindly than men. So many forests, chases, parks, marshes and waste grounds, that be more here than most commonly elsewhere, declare the same not to be all in vain that he affirms; that hath not so much arable ground, vines, olives, fruits, and such as be most necessary for the food of men. And as they require many hands in the culture, so they find most persons food; as France, Spain and divers other countries have. Therefore as much ground, as here is apt for those things, would be [turned] (as much as may be) to such uses as may find most persons. And over that, towns and cities would be replenished with all kinds of artificers; not only clothiers which as yet were our natural occupation, but with cappers, glovers, paper makers, glasiers, pointers, goldsmiths, blacksmiths of all sorts, coverlet makers, needle makers, pinners and such other; so as we should not only have enough of such things to serve our realm, and save an infinite treasure that goeth now over for so many of the same, but also might spare of such things ready wrought to be sold over, whereby we should fetch again other necessary commodities and treasures. And thus should be both replenished the realm of people able to defend it, and also win much treasure to the same. Such occupations alone do enrich divers countries, that be else barren of themselves; and what riches they bring to the country where they be well used, the country of Flanders and Germany do well declare; where, through such occupations, it hath so many and wealthy cities, that were incredible in so little ground to be. Wherefore in my mind they are far wide of right consideration, that would have none or less clothing within the realm, because it is sometimes occasion of business or tumults, for lack of vent. There is nothing every way so commodious or necessary for men's use, but it is sometime by ill handling occasion of displeasure; no, not fire and water, that be so necessary as nothing can be more.

4. SIR THOMAS GRESHAM ON THE FALL OF THE EXCHANGES [Burgon's Life and Times of Sir Thomas Gresham, Vol. I, Appendix No. XXI, pages 483-486]. 1558.

To the Queen's most excellent Majesty.

It may please your Majesty to understand, that the first occasion of the fall of the exchange did grow by the King's Majesty, your late father, in abasing his coin from vi ounces fine to iii ounces fine. Whereupon the exchange fell from xxvis. viiid. to xiiis. ivd. which was the occasion that all your fine gold was conveyed out of this your realm.

Secondly, by the reason of his wars, the King's Majesty fell into great debt in Flanders. And for the payment thereof they had no other device but pay it by exchange, and to carry over his fine gold for the payment of the same.

Thirdly, the great freedom of the Steelyard and granting of licence for the carrying of your wool and other commodities out of your realm, which is now one of the chief points that your Majesty hath to foresee in this your common weal; that you never restore the steads called the Steelyard again to their privilege, which hath been the chief point of the undoing of this your realm, and the merchants of the same.

Now, for redress of these things, in an. xvcli [1551] the King's Majesty, your late brother, called me to be his agent, and reposed a more trust in me, as well for the payment of his debts beyond the seas, as for the raising of the exchange, being then at xvs. and xvis. the pound; and your money current, as it is at this present, being not in value xs. First, I practised with the King and my lord of Northumberland to overthrow the Steelyard, or else it could not be brought to pass, for that they would keep down the exchange by this consideration; whereas your own merchants payeth outwards xivd. upon a cloth custom, they pay but ixd.; and likewise, for all such wares as was brought into your realm, your own mere merchants payeth xiid. upon the pound, the Steelyard paid but iiid. upon the pound, which is vs. difference upon the hundredth: and as they were men that ran all upon the exchange for the buying of their commodities, what did they pass to give a lower price than your own merchants, when they got vl. in the hundred by your custom? Which in process of time would have undone your whole realm, and your merchants of the same.

Secondly, I practised with the King's Majesty, your brother, to come in credit with his own mere merchants: and when time served, I practised with them at a set shipping, the exchange being still at xvis., that every man should pay the King xvs. upon a cloth in Antwerp, to pay at double usage xxs. in London; which the King's Majesty paid them royally, which did amount to the sum of lxml. And so, vi months after, I practised the like upon their commodities for the sum of lxxml. [£70,000] to pay for every pound sterling xxiis.: so by this means, I made plenty of money, and scarcity, and brought into the King's hands, which raised, the exchange to xxiiis. ivd. And by this means I did not only bring the King's Majesty, your brother, out of debt, whereby I saved him vi or viis. upon the pound, but saved his treasure within the realm, as therein Mr. Secretary Cecil was most privy unto.

Thirdly, I did likewise cause all foreign coins to be unvalued, whereby it might be brought into the mint to his Majesty's most fordle[304]; at which time the King your brother died, and for my reward of service, the Bishop of Winchester sought to undo me, and whatsoever I said in these matters I should not be credited: and against all wisdom, the said Bishop went and valued the French crown at vis. ivd., and the pistole at vis. iid., and the silver royal at vid. ob. Whereupon, immediately, the exchange fell to xxs. vid. and xxis., and there hath kept ever since. And so consequently after this rate and manner, I brought the Queen's Majesty, your sister, out of debt of the sum of ccccxxxvml. [£435,000].

Fourthly, by this it may plainly appear to your Highness, as the exchange is the thing that eats out all princes, to the whole destruction of their common weal, if it be not substantially looked unto, so likewise the exchange is the chief and richest thing only above all other, to restore your Majesty and your realm to fine gold and silver, and is the mean that makes all foreign commodities and your own commodities with all kind of victuals good cheap, and likewise keeps your fine gold and silver within your realm. As, for example to your Highness, the exchange being at this present at xxiis., all merchants seek to bring into your realm fine gold and silver; for if he should deliver it by exchange, he disburses xxiis. Flemish to have xxs. sterling: and to bring it in gold and silver he shall make thereof xxis. ivd.--whereby he saves viiid. in the pound: which profit, if the exchange should keep but after this rate of xxiis. in few years you should have a wealthy realm, for here the treasure should continue for ever; for that all men should find more profit by vl. in the hundred to deliver it per exchange, than to carry it over in money. So consequently the higher the exchange riseth, the more shall your Majesty and your realm and common weal flourish, which thing is only kept up by art and God's providence; for the coin of this your realm doth not correspond in fineness not xs. the pound.

Finally, and it please your majesty to restore this your realm into such state, as heretofore it hath been; first, your Highness hath no other ways, but when time and opportunity serveth, to bring your base money into fine of xi ounces fine, and so gold after the rate.

Secondly, not to restore the Steelyard to their usurped privileges.

Thirdly, to grant as few licences as you can.

Fourthly, to come in as small debt as you can beyond seas.

Fifthly, to keep up your credit, and specially with your own merchants, for it is they must stand by you at all events in your necessity. And thus I shall most humbly beseech your Majesty to accept this my [poor writing in good] part; wherein I shall from time to time, as opportunity doth serve, put your Highness in remembrance, according to the trust your Majesty hath reposed in me; beseeching the Lord to give me the grace and fortune that my service may always be acceptable to your Highness; as knoweth our Lord, whom preserve your noble Majesty in health, and long to reign over us with increase of honour.

By your Majesty's most humble and faithful obedient subject,

THOMAS GRESHAM, Mercer.

[Footnote 304: i.e. Fordeal, or advantage.]

5. THE REASONS WHY BULLION IS EXPORTED [Br. M. Cotton Ms. Otho. E. x., f. 145[305]], temp. ELIZABETH.

Where the Queen's Majesty is moved, that for the staying of the transportation of gold she will be pleased either to call in all gold by proclamation and then to coin it anew again with more alloy, or else that her Majesty should call in no gold, but coin new and utter them at higher rate than now, it seemeth the matters intend, that it is transported for the richness only, and, being either based by alloy or dearly priced, no more would be transported.

But if all the true causes of this late transportation be considered, that will not be sufficient to stay gold within.

The true causes, that it is transported, be these with others:

1. Some is carried into the Low Countries, because the exchange hath been high and the gold of greater prices there than here.

2. These dear years much hath been carried out to buy corn with, wherein somewhat endeavour hath been, because the return paid no custom.

3. Very much hath been transported to provide foreign commodities, because this realm spendeth more of them, than the same commodities transported amount unto, as it is supposed and as may be perceived by the wines, silks, lawns, gold-lace, silver-lace and such like here spent.

4. Much is conveyed by strangers, that bring in their country commodities and will not employ the price in English commodities, because their customs be great.

5. The like is sometimes done by English merchants for the paying of debts or providing of foreign commodities, for the saving of custom outward being also great.

6. Much bullion hath been transported, because the merchants and goldsmiths could not of long time have it coined and delivered in due time out of the mint.

7. Some by captains, soldiers and others, that might not be searched.

8. Some by the help of the mintmen in thirty-shilling-pieces upon pretence to make great gain thereof to her Majesty.

The second cause will now cease of itself; the fourth, fifth, sixth and eighth may be removed by good orders to be taken; the seventh by peace amongst princes; the first will never be taken away further than shall please the bankers and rich merchants of the Low Countries, who joining with the rich Flemings dwelling will be able with their money and cunning to make the exchange to rise and fall, as they shall think good for their gain or our loss. And the governors there, finding by their mint-masters and merchants the alteration of the English standards and values of gold, being more vigilant, provident and skilful in such matters than the English, will at their pleasures cry up and down the currency of English coin, be it never so base, at such times and in such manner as [the]y will, draw it from home to their ... lnes and melt it or return it back at their pleasures for their own gain and our loss, unless they will agree and take order, that it shall be always current there at the same value that it is here, without alteration.

But the third causa causarum being taken away, which is to be wished for, although not to be hoped for in haste, all the rest and all other like causes of transportation must need cease withall or at the least do little hurt; for if England would spend less of foreign commodities than the home commodities will pay for, then the remain must of necessity be returned of silver or gold; but if otherwise, then it will fare in England in short time as it doth with a man of great yearly living, that spendeth more yearly than his own revenue, and spendeth of the stock besides.

And so it is concluded, that for these reasons neither the baseing of the standards nor the raising of the values of the coin of gold is like to stay it from transportation.

[Footnote 305: Quoted Schanz. op. cit., Vol. II, pp. 648-9.]

6. THE ITALIAN MERCHANTS EXPLAIN THE FOREIGN EXCHANGES TO SIR THOMAS GRESHAM AND OTHER ROYAL COMMISSIONERS [Ms. of Lord Calthorpe, Vol. XX, f. 68[306]], 1576.

Forasmuch as your worships have required, that we, the merchants Italians, should show present your worships with more brevity, than we have done afore, in what points doth grieve us the new imposition and order, that hath been set upon the exchange, although it is not easily utter it in few words, nevertheless we have set it forth as briefly as we can.

Therefore it may please your worships to understand, that the chiefest living and maintenance that we have is upon the commissions that are sent unto us of our friends from beyond the seas to sell foreign wares here in London and buy English wares for to send over.

The trade of the foreign wares for England will much decay because of the imposition and difficulty upon the exchange; for such our friends, that did send such commodities as alum, woad, canvas, silks, wines and other necessary things for the intent to reiterate shortly after the sending hither such commodities, so soon as they knew they were here arrived, did use to take up money by exchange for London; and if the said wares were not sold or money not due, they gave here commission to their factors to take it up by rechange again; and so in time of an usage or double usage of Antwerp, an usage or a fair at Lyons, this matter might be well compassed without any great loss, and by this mean they might help themselves with their money of their wares a great while before that it were money in deed; but now that they shall know, that the exchange will give them such loss by the payment of this fee besides the ordinary interest that is used to come upon the exchange, they shall not be able to continue this trade nor to reiterate so often the same. Therefore there shall ensue a great diminishing of the Queen's custom inwards, and that the English people shall pay the dearer for the necessary foreign commodities, and we particularly shall remain destitute of these commissions and factories.

We say likewise of the trade of others our commissioners, that did use to send for English commodities as cloths and others being not forbidden and inward, they send nothing or very little; for those, that ought here to buy for themselves, might in two manners furnish the money, the one causing money to be remitted unto them from beyond the seas, and the other in taking money here in London by exchange. Touching the first manner they shall lack much of that help; for money shall not be remitted unto them, for because in foreign places there shall be found no man that will take up money by exchange for London, knowing that it shall be more damageable unto them than other places as much as this fee doth import, which will always fall upon the debtor, and he shall scarcely find money here in London to take up by exchange; so little will be exchange that hereafter will be made, therefore our commission outward will fail unto us, as we have said above of these inward, and the Queen's customs outwards also will much decay, and the English people, that did utter at good prices the commodities and handicrafts, shall not be able to do it as afore they were, they shall suffer much damage and discommodity. Besides this the free exchange hath been an instrument whereby the merchants might pay honourably their debts at their day; for if one ought, for a manner of an example, this day a sum of money, it should be a dishonour unto him to desire his creditors to tarry a seven night, a fortnight or 20 days, until he should retain money for debts due unto him. But to pay his said debt, he might presently take up money by exchange to Lyons, Antwerp and then, after he had received his money, he might remit there for the same time that he took it up, and so with little loss compass his business. But now in such case considering that he shall be forced to pay two times this imposition one in the taking and the other in the delivering so shortly after, the interest of few days will cost him too much; therefore he shall be fain to restrain his trade and shall not be able to accept his friends' debts and changes he did before.

Likewise those of us shall find too much charges, that made double exchanges for service of the English merchants, as for example they took money of your vintners for Bordeaux, and to the intent that the said money might be ready there, they did exchange it for Lyons or other places being content of any small profit; now that they must pay two times this imposition and that the ordinary brokerage, that often times they did save, they now shall not save, they shall need to make their reckoning and ask greater price of the vintners, the which peradventure will find it so heavy beside his part of the fee which he must pay, that he might take an evil occasion to send over the money.

We made also oftentimes amongst us double exchanges without any broker, which was, for a manner of example, that one of us had money in Venice and would bring into this realm French wares, and another hath money in Lyons and would bring wares out of Italy, and so they did agree together to give one to another mutual letters of exchange the one for Lyons and the other for Venice; and whereas such double exchange of the value of 100_li._ had no charge at all, now it shall have charge 35s., for the fee shall be paid for every one of the 2 bills of exchange, which is 25s. and 10s. brokerage, that now is not to be escaped, maketh up the 35s., so that we shall be fain utterly to leave of these double exchanges, that we made as well for the commodity of the merchants of your nation as of ourselves to the intent still to serve to the ease and trade of merchandise.

But[307] the order yet is of more trouble and impediment, than the very imposition; for though the fee were in a manner but a penny in every hundredth pound, it were needful to find a means that the Queen's Majesty should not be defrauded of the same, the which we cannot invent or imagine, without that register shall be kept of all our doings and that our books shall be seen and our letters opened, the which thing will be an extreme prejudice unto our occupations, and we would have taken pain more at large to express the same, if that your worships had not the experience and knowledge better than us of this matter.

Touching the standard of the English money, that you complain of is kept low by reason of the free exchange, we can say nothing but that our exchanges are made with a mutual consent between merchant and merchant, and that the abundance of the deliverers or of the takers make the exchange rise or fall; and this occasion doth counterpoise this place of London with the others; for if you will compel a needful person to take up for exchange for Antwerp at 26s. Flemish for every pound sterling, when the exchange is there at 24s., he shall leave off to take it, but will cause money to be remitted to him from thence according to the course of the exchange there.

But some do complain of some strangers, that bring into England merchandises for more value than that they send out. We say, that the cause of this is the inequalities of the customs outwards; for a stranger cannot send into Flanders or into France a piece of cloth or kersey, except it should stand him dearer than he might have them there in those places at an Englishman's hands. Besides that it is to be considered, that the most part of commodities of this realm, that in times before might be transported out, now they be utterly forbidden as well corn, leather, tallow, or else charged with great licence as undressed cloths and others, so that it is not possible for strangers to meddle there withall; nevertheless we do deny, that the overplus of the amounting of the strange wares should be sent over by us in ready money, but we deliver it by exchange unto your English merchants, that may better traffic outwardly, and if we do at lower price than the value of the standard, we are very sorry and we would very gladly it were otherwise.

That be the damages difficulties and inconveniences, that by this order shall happen, that is to say, for our part the whole destitution of all our friends' commission, whereupon was grounded our living and maintenance; damage unto Queen's Majesty for the diminishing of her customs for greater sum than the importance of the rent of this fee, though that exchanges should be in such frequency and number as they have been heretofore; the which thing cannot be, for very few exchange will be made; damage also to the common weal, for they shall pay dear for foreign wares for the scarcity that shall be here of the same, and they shall not so well sell the commodities of the realm, as they have done afore; and finally a dangerous occasion may be presented to some to carry away the money out of the realm, the which thing the free exchange doth avoid, and for this intent it is to be thought that it was instituted.

Therefore we, considering that among all restraints, troubles or impediments, that ever was set against the trade of merchants in any place, this is the troublesomest, we beseech your worships to examine it and to report to her Majesty and to her honourable council upon this matter even as God Almighty shall inspire you for the common profit and wealth of this realm.

[Footnote 306: Quoted Schanz, op. cit., pp. 642-6. It will be observed that the Italian merchants' knowledge of English is apparently somewhat defective.]

[Footnote 307: "Bothe" in MS.]

7. AN ACT AVOIDING DIVERS FOREIGN WARES MADE BY HANDICRAFTSMEN BEYOND THE SEAS [_5 Eliz. c. 7, Statutes of the Realm, Vol. IV, Part I, pp. 428-429_], 1562.

Whereas heretofore the artificers of this realm of England (as well within the city of London as within other cities, towns and boroughs of the same realm) that is to wit, girdlers, cutlers, saddlers, glovers, point-makers, and such like handicraftsmen, have been in the said faculties greatly wrought, and greatly set on work, as well for the sustentation of themselves, their wives and families, as for a good education of a great part of the youth of this realm in good art and laudable exercise, besides the manifold benefits, that by means or by reason of their knowledges, inventions, and continual travel, daily and universally came to the whole estate of the commonwealth of this said realm:

II. Yet notwithstanding so now it is, that by reason of the abundance of foreign wares brought into this realm from the parts of beyond the seas, the said artificers are not only less occupied, and thereby utterly impoverished, the youth not trained in the said sciences and exercises, and thereby the said faculties, and the exquisite knowledges thereof, like in short time within this realm to decay; but also divers cities and towns within this realm of England much thereby impaired, the whole realm greatly endamaged, and other countries notably enriched, and the people thereof well set on work, to their commodities and livings, in the arts and sciences aforesaid, and to the great discouragement of skilful workmen of this realm, being in very deed nothing inferior to any stranger in the faculties aforesaid.

III. For reformation whereof, be it enacted by our sovereign lady the Queen's Highness, and by the Lords Spiritual and Temporal, and the Commons of this present parliament assembled and by the authority of the same, that no person or persons whatsoever, from or after the feast of the Nativity of St. John Baptist now next ensuing, shall bring or cause to be brought into this realm of England from the parts of beyond the seas, any girdles, harness for girdles, rapiers, daggers, knives, hilts, pummels, lockets, chapes, dagger-blades, handles, scabbards, and sheaths for knives, saddles, horse-harness, stirrups, bits, gloves, points, leather-laces or pins, being ready made or wrought in any parts of beyond the seas, to be sold, bartered or exchanged within this realm of England or Wales; upon pain to forfeit all such wares so to be brought contrary to the true meaning of this act, in whose hands soever they or any of them shall be found, or the very value thereof. This act to continue and endure to the end of the next parliament.

8. AN ACT TOUCHING CLOTH-WORKERS AND CLOTHS READY WROUGHT TO BE SHIPPED OVER THE SEA [8 Eliz. c. 6, Statutes of the Realm, Vol. IV, Part I, p. 489], 1566.

For the better employment and relief of great multitudes of the Queen's Majesty subjects, using the art and labour of cloth-working, it may please the Queen's most excellent Majesty, at the most humble suit of her said subjects, that it be enacted, and be it enacted by the authority of this present parliament:--That from henceforth for every nine clothes unwrought, hereafter to be shipped or carried into any the parts beyond the seas, contrary to the form of any statute heretofore made and now remaining in strength, by force of any licence hereafter to be granted, the party that shall ship and carry over the same, shall ship and carry over also one like woollen cloth of like sort, length, breadth and goodness, ready wrought and dressed; that is to say, rowed, barbed, first coursed and shorn from the one end to the other, so that every tenth cloth passing over the seas in form aforesaid may and shall be dressed within this realm, before the same shall be shipped or transported over, upon pain to forfeit for every such nine clothes so to be shipped or transported contrary to the meaning of this act, ten pounds. Provided always, that every such tenth cloth so to be transported ready wrought, shall not be accounted any of the clothes permitted to be transported by force of such licence, but that such person as shall have such licence may transport according to such licence the full number of clothes unwrought mentioned in the same licence, over and above the number of such tenth clothes which they shall be compelled to ship and carry over by force of this statute. And be it further enacted by authority aforesaid, that from the last day of February now next coming, no person shall ship or carry into the parts beyond the seas, contrary to the form of any statute heretofore made now remaining in force, any cloth commonly called Kentish cloth or Suffolk cloth, made or to be made in the counties of Kent or Suffolk, unwrought and undressed within this realm; that is to say, not rowed, barbed, first coursed and shorn; upon pain to forfeit for every such cloth, commonly called Kentish or Suffolk cloth, made or to be made in either of the said counties, so to be shipped or transported contrary to the form of this statute, forty shillings; and that no licence for transporting of any cloth or clothes shall be construed or expounded to extend to any such Kentish or Suffolk cloth, made or to be made in either of the said counties to be from henceforth transported....

9. INCORPORATION OF A JOINT-STOCK MINING COMPANY [Patent Rolls,[308] 10 Eliz., Part V], 1568.

Elizabeth by the Grace of God, etc. To all unto whom these presents shall come, greeting.

Whereas we ... have ... given and granted full power, license and authority to Thomas Thurland, clerk, ... and to Daniel Houghsetter, a German born ... to search ... for all manner of monies or ores of gold, silver, copper, or quicksilver, within our counties of York, Lancaster, Cumberland, Westmoreland, Cornwall, Devon, Gloucestershire and Worcestershire, and within our principality of Wales, or in any of them, and the same to try out, convert, and use to their most profit and commodity....

And whereas our pleasure, intent, and meaning in our said Letters Patent was that, for the better help and more commodity of the said Thomas Thurland and Daniel Houghsetter and their several assignees, they ... might ... grant ... parts and portions of the said licenses ... and thereupon their several assignees have ... granted ... to ... William, Earl of Pembroke, and Robert, Earl of Leicestershire, and to ... James, Lord Mountjoy, and to Sir William Cecil, knight, our principal secretary, and John Tamworth and John Dudley, esquires, Leonell Duchet, citizen and alderman of London, Benedict Spynola, of London, merchant, John Lover, William Winter, Anthony Duchett, of the County of Westmoreland, gentlemen ... Daniel Ulstett, a German born [and ten others], divers parts and portions of the licenses, powers, authorities, privileges, benefits and immunities aforesaid;

By force whereof the said Thomas Thurland and Daniel Houghsetter ... have travailed in the search, work and experiment of the mines and ores aforesaid ... and have now brought the said work to very good effect, whereby great benefit is like to come to us and this our Realm of England, which also will the rather come to pass if the persons ... having interest in the privileges aforesaid might by our grant be incorporated and made a perpetual body politic; ...

Know ye, therefore, that we ... do give and grant to the aforenamed William Earl of Pembroke [and the others as above] that they by the name of Governor, Assistants, and Commonalty for the Mines Royal shall be from henceforth one body politic in itself incorporate, and a perpetual society of themselves both in deed and name....

And, further, we ... will and grant ... that they ... shall and may not only admit into the said corporation and society such and as many persons as by the statutes ... shall be prescribed ... so that every such person ... shall ... have for the term of his life at the least the benefit of a quarter of one four-and-twenty part of the licenses, powers, authorities, privileges, benefits and communities aforesaid, ... but also shall and may minister to every such person to be admitted an oath tending to the due performing and keeping of the rules, statutes, and ordinances in form aforesaid to be made ...

[Footnote 308: Printed by the Selden Society, Vol. 28, pp. 4-15.]

10. AN ACT FOR THE INCREASE OF TILLAGE [13 Eliz. c. 13. Statutes of the Realm, Vol. IV, Part I, pp. 547-48], 1571.

For the better increase of tillage, and for maintenance and increase of the navy and mariners of this realm, be it enacted, that from and after the feast of the Nativity of St. John Baptist next coming, it shall be lawful to all and every person and persons being subjects of the Queen's Majesty, her heirs and successors, and inhabiting within her highness' realms and dominions, only out of such ports and creeks where are or shall be resident a customer or collector of subsidy of tonnage and poundage, or one of their deputies, and not elsewhere, to load, carry or transport any wheat, rye, barley, malt, peas or beans into any parts beyond the seas, being in amity with this realm, and not prohibited by any restraint or proclamation, only to sell as a merchandize in ships carriers or other vessels bearing cross sails, whereof any English born subjects inhabiting within her Highness' realms and dominions then shall be the only owners, at all such times as the several prices thereof shall be so reasonable and moderate in the several counties where any such transportation shall be intended as that no prohibition shall be made, either by the Queen's Majesty, her heirs or successors, by proclamation to be made in the shiretown or in any port towns of the county, or else by some order of the lord president and council in the north, or the lord president and council in Wales, within their several jurisdictions, or of the justices of assizes at their sessions in other shires out of the jurisdiction of the said two presidents and councils, or by the more part of the justices of the peace of the county at their quarter sessions, in this manner following; that is, the said lord president and councils of the shires within their jurisdiction, the justices of assize at their several sessions in other shires out of the said jurisdictions belonging to the said councils in the north and in Wales, yearly shall, upon conference had with the inhabitants of the country of the cheapness and dearth of any the said kinds of grain within the countries within jurisdictions of the said councils, or in the other countries within the limits of the said justices of assize, by their discretion determine whether it shall be meet at anytime to permit any grain to be carried out of the realm by any port within the said several jurisdictions or limits, and so shall in writing under their hands and seals cause and make a determination either for permission or prohibition, and the same cause to be by the sheriff of the counties published and affixed in as many accustomed market towns and ports within the said shire as they shall think convenient, and in such manner as the Queen's Majesty's proclamations are usually published and affixed; which determination of the said presidents and councils in their jurisdictions, and of the justices of assize in their limits, shall continue in force for the time, place, and manner therein expressed until the said presidents and councils shall otherwise order, or until the justices of assize at their being in their said circuits in every of the said counties shall alter or otherwise order the same, except the same shall be otherwise in the mean time altered or countermanded by the Queen's Majesty, her heirs or successors, or by some order of the justices of the peace in the counties situated out of the jurisdictions of the said two councils in their quarter sessions to be holden in the meantime, or the greater part of them, shall find the same determination of the justices of assize to be hurtful to the county by means of dearth, or to be a great hindrance to tillage by means of too much cheapness, and shall by their writings under their hands and seals make any determination to the contrary, either for permission or prohibition of carrying of any kind of grain out of the realm; ...

... Provided nevertheless, that neither any of the said presidents and councils, nor the said justices of assize nor the said justices of peace above mentioned, shall publish any their determinations above mentioned until the same shall be first by writing notified to the Queen's Majesty or to her privy council, and by her Majesty or her privy council shall be liked and allowed.

Provided also, that the Queen's Majesty, her heirs and successors, shall have and receive by the customers and officers of her ports for the custom or poundage of every quarter of wheat to be transported by force of this statute, twelve pence, and of every quarter of any other grain, eight pence, and of every quarter of wheat that shall be by any special licence hereafter to be granted transported out of the realm, and not by force of this statute, two shillings, and of every quarter of other grain, sixteen pence, notwithstanding any manner of words that shall be contained or inserted in any licences to the contrary; which said several sums, so to be had or taken as custom or poundage, to be in full satisfaction of all manner of custom or poundage for the said corn or grain by any constitution, order, statute, law or custom heretofore made, used, or taken for transporting of any such manner of corn or grain.

Provided also and be it enacted by the authority of this present parliament, that the Queen's Majesty, her heirs and successors, may at all times by her writ of proclamation to be published generally in the whole realm, or in the counties of this realm where any port towns are, command that no person shall by virtue of this act transport or carry out any manner of grain to any parts out of her dominions, either generally out of any port in the realm, or particularly out of any special ports to be in the same proclamation named; and that it shall not be lawful for any person to carry out any such grain contrary to the tenor of the same proclamation, upon such pains as by the laws of the realm are and have been provided.

11. INSTRUCTIONS FOR AN ENGLISH FACTOR IN TURKEY [_Hakluyt. The Principal Voyages of the English Nation_], 1582.

... And for that of many things that tend to the common benefit of the State, some tend more and some less, I find that no one thing, after one another, is greater than clothing, and the things incident to the same. And understanding that you are of right good capacity, and become a factor at Constantinople, and in other parts of Turkey, I find no man fitter of all the English factors there than you. And therefore I am so bold to put you in mind and to tell you wherein with some endeavour you may chance to do your country much good, and give an infinite sort of the poor people occasion to pray for you here throughout the realm. This that I mean is in matter of cloth, etc.

1. First, you cannot deny but that this realm yieldeth the most fine wool, the most soft, the most strong wool, the most durable in cloth, and most apt of nature of all others to receive dye, and that no island or any one kingdom so small doth yield so great abundance of the same....

2. There is no commodity of this realm that may set so many poor subjects on work, as this doth, that doth bring in so much treasure, and so much enrich the merchant, and so much employ the navy of this realm, as this commodity of our wool doth.

Ample and full vent of this noble and rich commodity is it that the commonweal of this realm doth require.

Spain now aboundeth with wool, and the same are clothed. Turkey hath wools, and so have divers provinces of Christendom and of heatheners, and cloth is made of the same in divers places.

1. But if England have the most fine and the most excellent wools of the world in all respects (as it cannot be denied but it hath). 2. If there may be added to the same excellent artificial, and true making, and excellent dyeing. 3. Then no doubt but that we shall have vent for our cloths, though the rest of the world did abound much more with wool than it doth....

But if foreign nations turn their wools, inferior to ours, into truer and more excellent made cloth, and shall dye the same in truer, surer, and more excellent and more delectable colours, then shall they sell and make ample vent of their cloths, when the English cloth of better wool shall rest unsold, to the spoil of the merchant, of the clothier, and of the breeder of the wool, and to the turning to bag and wallet of the infinite number of the poor people employed in clothing in several degrees of labour here in England.

Which things weighed, I am to tell you what things I wish you in this realm, and after in Turkey, to endeavour from time to time, as your leisure may permit the same.

Before you out of the realm, that you learn:

1. To know wool, all kinds of cloth made in this realm, and all other employments of wool, home or foreign.... All the deceits in clothmaking ... The faults in weaving. The faults in walking, rowing, burling, and in racking the cloth above measure upon the tenters....

2. Then to learn of the dyers to discern all kinds of colours, as which be good and sure, and which will not hold; which be fair, and which not....

3. Then to take the names of all the materials and substances used in this city or in the realm in dyeing of cloth or silk....

4. These things superficially learned in the realm before you go, you are fitter in foreign parts to serve your country....

What you shall do in Turkey, besides the business of your factorship.

1. Forasmuch as it is reported that the woollen cloths dyed in Turkey be most excellently dyed, you shall send home unto this realm certain ... pieces of shred, to be brought to the Dyers' Hall, there to be shewed, partly to remove out of their heads the too great opinion they have conceived of their own cunning, and partly to move them for shame to endeavour to learn more knowledge, to the honour of their country of England and to the universal benefit of the realm.

2. You shall devise to amend the dyeing of England, by carrying hence an apt young man brought up in the art, or by bringing one or other from thence of skill, or rather to devise to bring one for silks, and another for wool and for woollen cloth....

3. Then to learn to know all the materials and substances that the Turks use in dyeing, be they of herbs, simple or compound, be they plants, barks, wood, berries, seeds, grains, or mineral matter....

5. And in any wise, if anile that coloureth blue be a natural commodity of those parts, and if it be compounded of an herb, to send the same into this realm by seed, or by root in barrel of earth, with all the whole order of sowing, setting, planting, replanting, and with the compounding of the same, that it may become a natural commodity in this realm, as woad is, to this end, that the high price of foreign woad (which devoureth yearly great treasure) may be brought down....

8. The wools being natural, and excellent colours for dyeing by this means here also natural, in all the art of clothing then we want but one only special thing. For in this so temperate a climate our people may labour the year throughout ... and the people of this realm by the great and blessed abundance of victual are cheaply fed, and therefore may afford their labour cheap. And where the clothiers in Flanders, by the flatness of their rivers, cannot make water-mills for their cloths, but are forced to dress and thicken all their cloths by the foot and by the labour of men, whereby their cloths are raised to an higher price, we in England have in all shires store of mills upon falling rivers.... Then we have also, for scouring our cloths, earths and clays.... Then also have we some reasonable store of alum and copperas here, made for dyeing.... Then we have many good waters apt for dyeing, and people to spin and to do the rest of all the labours we want not. So as there wanteth, if colours might be brought in and made natural, but only oil; the want whereof if any man could devise to supply at the full with anything that might become natural in this realm, he, whatsoever he were that could bring it about, might deserve immortal fame in this our commonwealth....

10. And if you shall find that they make any cloth of any kind not made in this realm, that is there of great use, then to bring of the same into this realm some "mowsters,"[309] that our people may fall into the trade, and prepare the same for Turkey. For the more kinds of cloth we can devise to make, the more ample vent of our commodity we shall have, and the more sale of the labour of our poor subjects that else for lack of labour become idle and burdenous to the commonweal, and hurtful to many. And in England we are in our clothing trade to frame ourselves according to the desires of foreign nations, be it that they desire thick or thin, broad or narrow, long or short, white or black.

11. But with this proviso always, that our cloth pass out with as much labour of our people as may be, wherein great consideration ought to be had. For (if vent might so admit), as it were the greatest madness in the world for us to vent our wool not clothed, so were it madness to vent our wool in part or on the whole turned into broad cloth, if we might vent the same in kersies; for there is a great difference to our people between the clothing of a sack of wool in the one and the like sack of wool in the other, of which I wish the merchant of England to have a great care as he may for the universal benefit of the poor; and the turning of a sack of wool into bonnets is better than both, etc. And also not to carry out of the realm any cloth white, but dyed, if it may be, that the subjects of this realm may take as much benefit as is possible, and rather to seek the vent of the cloths dyed with the natural colours of England than such as be dyed with foreign colours.

Thus giving you occasion, by way of a little remembrance, to have desire to do your country good, you shall, if you have any inclination to such good, do more good to the poor ready to starve for relief than ever any subject did in this realm by building of almshouses, and by giving of lands and goods to the relief of the poor. Thus may you help to drive idleness, the mother of most mischief, out of the realm, and win you perpetual fame, and the prayer of the poor, which is more worth than all the gold of Peru and of all the West Indies.

[Footnote 309: i.e. Samples.]

12. THE ADVANTAGES OF COLONIES [A True Report of the late Discoveries and Possession Taken in the Right of the Crown of England of the Newfound Lands by ... Sir Humfrey Gilbert[310]; Hakluyt's Principal Voyages of the English Nation], 1583.

... The fourth chapter sheweth how that the trade, traffic, and planting in these countries is likely to prove very profitable to the whole realm in general.

Now to show how the same is likely to prove very profitable and beneficial generally to the whole realm. It is very certain that the greatest jewel of this realm, and the chiefest strength and force of the same, for defence or offence in martial matter and manner, is the multitude of ships, masters, and mariners ready to assist the most stately and royal navy of her Majesty, which by reason of this voyage shall have both increase and maintenance. And it is well known that in sundry places of this realm ships have been built and set forth of late days for the trade of fishing only; yet, notwithstanding, the fish which is taken and brought into England by the English navy of fishermen will not suffice for the expense of this realm four months, if there were none else brought of strangers. And the chiefest cause why our English men do not go so far westerly as the especial fishing places do lie, both for plenty and greatness of fish, is for that they have no succour and known safe harbour in those parts. But if our nation were once planted there or thereabouts, whereas they now fish but for two months in the year, they might then fish for so long as pleased themselves ... which being brought to pass shall increase the number of our ships and mariners.

Moreover, it is well known that all savages ... will take marvellous delight in any garment, be it never so simple, as a shirt, a blue, yellow, red, or green cotton cassock, a cap, or such like, and will take incredible pains for such a trifle, ... which being so, what vent for our English cloths will thereby ensue, and how great benefit to all such persons and artificers, whose names are quoted in the margin, I leave to such as are discreet....

To what end need I endeavour myself by arguments to prove that by this voyage our navy and navigation shall be enlarged, when as there needeth none other reason than the manifest and late example of the near neighbours to this realm, the Kings of Spain and Portugal, who, since the first discovery of the Indies, have not only mightily enlarged their dominions, greatly enriched themselves and their subjects, but have also, by just account, trebled the number of their ships, masters and mariners, a matter of no small moment and importance?

Besides this, it will prove a general benefit unto our country, that, through this occasion, not only a great number of men which do now live idly at home, and are burdenous, chargeable, and unprofitable to this realm, shall hereby be set on work, but also children of twelve or fourteen years of age, or under, may be kept from idleness, in making of a thousand kinds of trifling things, which will be good merchandise for that country. And, moreover, our idle women (which the realm may well spare) shall also be employed on plucking, drying, and sorting of feathers, in pulling, beating, and working of hemp, and in gathering of cotton, and divers things right necessary for dyeing. All which things are to be found in those countries most plentifully. And the men may employ themselves in dragging for pearl, working for mines, and in matters of husbandry, and likewise in hunting the whale for trane, and making casks to put the same in, besides in fishing for cod, salmon and herring, drying, salting and barrelling the same, and felling of trees, hewing and sawing of them, and such like work, meet for those persons that are no men of art or science.

Many other things may be found to the great relief and good employment of no small number of the natural subjects of this realm, which do now live here idly, to the common annoy of the whole State. Neither may I here omit the great hope and likelihood of a passage beyond the Grand Bay into the South Seas, confirmed by sundry authors to be found leading to Cataia, the Moluccas and Spiceries, whereby may ensue as general a benefit to the realm, or greater than yet hath been spoken of, without either such charges or other inconveniences, as, by the tedious tract of time and peril, which the ordinary passage to those parts at this day doth minister....

I must now, according to my promise, show forth some probable reasons that the adventurers in this journey are to take particular profit by the same. It is, therefore, convenient that I do divide the adventurers into two sorts, the noblemen and gentlemen by themselves, and the merchants by themselves. For, as I do hear, it is meant that there shall be one society of the noblemen and gentlemen, and another society of the merchants; and yet not so divided, but that each society may freely and frankly trade and traffic one with the other.

And first to bend my speech to the noblemen and gentlemen, who do chiefly seek a temperate climate, wholesome air, fertile soil, and a strong place by nature whereupon they may fortify, and there either plant themselves or such other persons as they shall think good to send to be lords of that place and country:--To them I say that all these things are very easy to be found within the degrees of 30 and 60 aforesaid, either by south or north, both in the continent and in islands thereunto adjoining, at their choice ... and in the whole tract of that land, by the description of as many as have been there, great plenty of mineral matter of all sorts, and in very many places both stones of price, pearl and chrystal, and great store of beasts, birds, and fowls, both for pleasure and necessary use of man are to be found....

And now for the better contemplation and satisfaction of such worshipful, honest-minded and well-disposed merchants as have a desire to the furtherance of every good and commendable action, I will first say unto them, as I have done before to the noblemen and gentlemen, that within the degrees aforesaid is doubtless to be found the most wholesome and best temperature of air, fertility of soil, and every other commodity or merchandise, for the which, with no small peril, we do travel into Barbary, Spain, Portugal, France, Italy, Muscovy and Eastland, and yet, to the end my argument shall not altogether stand upon likelihoods and presumptions, I say that such persons as have discovered and travelled those parts do testify that they have found in those countries all these things following, namely:--[a list of beasts, birds, fishes, trees, minerals, etc.] ...

Now for the trial hereof, considering that in the articles of the society of the adventurers in this voyage there is provision made that no adventurer shall be bound to any further charge than his first adventure, and notwithstanding keep still to himself, his children, his apprentices and servants, his and their freedom for trade and traffic, which is a privilege that adventurers in other voyages have not; and in the said articles it is likewise provided that none other than such as have adventured in the first voyage, or shall become adventurers in this supply, at any time hereafter are to be admitted in the said society, but as redemptionaries, which will be very chargeable; therefore, generally, I say unto all such, according to the old proverb. "Nothing venture, nothing have" ...

The sixth chapter sheweth that the traffic and planting in those countries shall be unto the savages themselves very beneficial and gainful....

... First and chiefly, in respect of the most happy and gladsome tidings of the most glorious gospel of our Saviour Jesus Christ, whereby they may be brought from falsehood to truth, from darkness to light, from the highway of death to the path of life, from superstitious idolatry to sincere Christianity, from the devil to Christ, from hell to heaven. And if in respect of all the commodities they can yield us (were they many more) that they should but receive but this only benefit of Christianity, they were more than fully recompensed.

But hereunto it may be objected that the Gospel must be freely preached, for such was the example of the apostles.... Yet for answer we may say with St. Paul: If we have sown unto you heavenly things, do you think it much that we should reap your carnal things? And withal, The workman is worthy of his hire. These heavenly tidings which those labourers our countrymen (as messengers of God's great goodness and mercy) will voluntarily present unto them, do far exceed their earthly riches....

[Footnote 310: Gilbert was drowned in the "Squirrel" on September 9th, 1583. The above document purports to have been written after the return of the "Golden Hind," but before the loss of the "Squirrel" was certainly known.]

13. LORD BURGHLEY TO SIR CHRISTOPHER HATTON ON THE STATE OF TRADE [Sir H. Nicholas, Memoirs of Sir Christopher Hatton, pp. 470-2], 1587.

TO THE LORD CHANCELLOR.

My Lord,

I am sorry that my pains are such as I cannot attend on you to-day in the Star Chamber, having yesterday, by more zeal of service in the Exchequer Chamber than of regard to my harms, so weakened and pained my leg, as I cannot stir it out of my bed; but this my declaration of my state is to no purpose to occupy your Lordship withal. This great matter of the lack of vent, not only of clothes, which presently is the greatest, but of all other English commodities which are restrained from Spain, Portugal, Barbary, France, Flanders, Hamburgh, and the States, cannot but in process of time work a great change and dangerous issue to the people of the realm, who, heretofore, in time of outward peace, lived thereby, and without it must either perish for want, or fall into violence to feed and fill their lewd appetites with open spoils of others, which is the fruit of rebellion; but it is in vain to remember this to your Lordship, that is so notorious as there need no repetition thereof. The evil being seen and like daily to increase beyond all good remedies, it is our duties that are Councillors to think of some remedies in time, before the same become remediless; and briefly the best means of remedy must follow the consideration of the causes of this evil, and so contrariis contraria curare. The original cause is apparently the contentions and enmities betwixt the King of Spain and his countries, and her Majesty and her countries. The reduction hereof to amity betwixt the Princes, and to open traffic according to the ancient treaties of intercourse, would be the sovereign remedy; but this may be wished sooner than speedily effectuated. But yet, seeing there is a signification notified of the good inclination of both the Princes, and a great necessity to press them both thereto for the suagement of their people, it were pity any course should be taken either to hinder this or not to hasten it, which surely in the Low Countries would be done, with whatsoever a reasonable cost may be, to keep the enemy from victuals, and to withstand his enterprises against our friends until this next harvest; and by this proceeding against him, there is no doubt but he will yield to all reasonable conditions meet both for her Majesty and her protected friends; otherwise, if the good fortune of our friends do decay, and the enemy recover that which he now lacketh, that is store of victuals, he will either underhand make peace with our friends, whom he shall find both weak and timorous, and leave her Majesty in danger for recovery of all that she hath spent, and in greater charges to maintain her two cautionary towns against the whole Low Countries than two Boulognes were, or else he will, being puffed with pride, make a very Spanish conquest of Holland and Zealand,--a matter terrible to be thought of, but most terrible to be felt. But to insist upon this remedy is as yet in vain, and therefore such other poor helps are to be thought of as may somewhat mitigate the accidents present, and stay the increase thereof, whereof when I do bethink myself, I find no one simple remedy, but rather compounded of divers simples, and to say truly they are but simple remedies, until peace may ensue, which is the sovereign sole medicine of all. To have vent increase, there must be more buyers and shippers than there are, and seeing our merchants say that they cannot have sales sufficient,

1. It were good that the Steelyard men were licensed to trade as they were wont to do, with condition upon good bonds that our merchants adventurers shall have their former liberties in Hamburgh;

2. These Steelyard merchants must also have a dispensation to carry a competent number of unwrought cloths that are coarse, which are the cloths whereof the great stay is in the Realm.

3. Beside this, the merchant strangers might have a like dispensation for the buying and shipping of a competent number of like white coarse cloths.

4. And if her Majesty, for some reasonable time, would abate only 2s. upon a cloth, I think there would grow no loss to her Majesty, having respect to the multitude of the cloths that should be carried, whereas now the strangers carry few, but upon licences, for which her Majesty hath no strangers' customs, but English.

5. The strangers also must have liberty to buy in Blackwell Hall, or else there may be a staple set up in Westminster, out of the liberties of the City of London, which, rather than London would suffer, I think they will grant liberty to strangers in respect to the hallage money which they shall lease. Notwithstanding all these shows of remedies, I could wish that our merchants adventurers were made acquainted herewith, and to be warned, that if they shall not amend the prices to clothiers for their coarse cloths, whereby the clothiers may be reasonably apparent gainers, and that to be put in practice this next week, that then her Majesty will give authority to put the former helps in practice. Thus, my good Lord, because I understand you are to go to the Court this afternoon, I have thought good to scribble, as I do (lying in pain) these few cogitations, submitting them to a more mature disquisition.

Your Lordship's most assured,

W. BURGHLEY.

14. A LIST OF PATENTS AND MONOPOLIES [Lodge. Illustrations of British History, Vol. III, pp.. 159,[311] ff.]

33. Eliz.--A grant to Reynold Hopton only, and no other, to make flasks, touch-boxes, powder-boxes, and bullet-boxes, for 15 years.

34 Eliz.--A grant to Simon Farmer and John Craford only, and no other, to transport list shreds of woollen cloth, and all manner of horns, for 21 years.

35 Eliz.--A grant to Bryan Annesley, solely, and no other, to buy and provide steel beyond sea and sell the same within this realm for 21 years.

36 Eliz.--A grant to Robert Alexander only, and no other, to buy and bring in anise-seeds, sumach, etc., for 21 years.

39 Eliz.--A grant to John Spillman only, and no other, to buy linen rags, and to make paper.

40 Eliz.--A grant to Ede Schetts, and his assignees only, and no other, to buy and transport ashes and old shoes for 7 years.

36 Eliz.--A grant to [blank] only, and no other, to provide and bring in all Spanish wools for making of felt hats, for 20 years.

34 Eliz.--A grant that Sir Jerome Bowes, and no other, shall make glasses for 12 years.

42 Eliz.--A grant made to Harding and others only, concerning saltpeter.

41 Eliz.--A grant that Brigham and Wimmes shall only have the pre-emption of tin.

Other Monopolies for one man only and no other--

To register all writings and assurances between merchants, called policies.

To make spangles.

To print the Psalms of David.

To print Cornelius Tacitus.

To sow woad in certain numbers of shires.

To print grammars, primers, and other school books.

To print the law.

To print all manner of songs in parts.

To make mathematical instruments.

To plainish and hollow silver vessels.

That one man and no other shall make writs of subpoena in Chancery, Sir Thomas George.

To write all writs of supplication and supersedeas for the peace and good behaviour, and all pardons of outlawry, George Carew.

To draw leases in possession made by the King, Sir Edward Stafford.

To engross all leases by the great seal.

Licenses and Dispensations to one man only, of the Penalty of Penal Laws, and Power given to license others--

[18] Eliz.--A license to Sir Edward Dyer, to pardon and dispense with tanning of leather, contrary to the statute of 5 Eliz., and to license any man to be a tanner.

30 Eliz.--A patent to Sir Walter Raleigh, to make licenses for keeping of taverns and retailing of wines throughout England.

31 Eliz.--The grant to John Ashley and Thomas Windebank, to have all forfeitures and penalties for burning of timber trees to make iron, contrary to the statute of 1 Eliz.

36 Eliz.--A license to Roger Bineon, and others, to take the whole forfeiture of the statute of 5th and 6th of Edw. VI, for pulling down gig-mills.

37 Eliz.--A license to William Smith only, and no others, to take the benefit of the statute of 5 Eliz. for gashing of hides, and barking of trees.

38 Eliz.--A license to Thomas Cornwallis only, and no other, to make grants and licenses for keeping of gaming-houses, and using of unlawful games, contrary to the statute of 33 Henry VIII.

39 Eliz.--A license to William Carre, for nine years, to authorize and license any person to brew beer to be transported beyond sea.

40 Eliz.--A license to Richard Coningsby, to give license for buying of tin throughout England.

41 Eliz.--A license to Richard Carnithen only, to bring in Irish yarn for seven years.

Impositions.

41 Eliz.--A grant to Bevis Bulmer to have an imposition of sea-coal, paying £6,200 rent for 21 years.

36 Eliz.--A grant made to John Parker, Esq., to have twelve-pence for filing of every bill in Chancery in respect whereof the subject is to be discharged of payment of anything of search.

41 Eliz.--A license to trade the Levant Seas with currants only, paying £4,000 per annum.

Particular licenses to transport certain numbers of pelts of sheep-skins and lambskins.

Certain numbers of woollen cloths.

Certain numbers of dickers of calf-skins.

New Inventions.

Only and no other, so as they were never used in England before.

To inn and drain [blank] grounds.

To take water fowl.

To make devices of safe-keeping of corn.

To make a device for soldiers to carry necessary provisions.

[Footnote 311: Quoted, English Patents of Monopoly, Appendix c, W.H. Price, 1603.]

15. INSTRUCTIONS TOUCHING THE BILL FOR FREE TRADE [_Journals of the House of Commons, Vol. I, p. 218_], 1604.

The Committees from the House of the Commons sat five whole afternoons upon these Bills; there was a great concourse of clothiers and merchants, of all parts of the realm, and especially of London; who were so divided, as that all the clothiers, and, in effect, all the merchants of England, complained grievously of the engrossing and restraint of trade by the rich merchants of London, as being to the undoing, or great hindrance, of all the rest; and of London merchants, three parts joined in the same complaint against a fourth part; and of that fourth part, some standing stiffly for their own company, yet repined at other companies. Divers writings and informations were exhibited on both parts; learned Counsel was heard for the Bill, and divers of the principal Aldermen of London against it; all reasons exactly weighed and examined; the Bill, together with the reasons on both sides, was returned and reported by the Committees to the House; where, at the third reading, it was three several days debated, and in the end passed with great consent and applause of the House (as being for the exceeding benefit of all the land) scarce forty voices dissenting from it.

The most weighty reasons for the enlargement of trade were these:

Natural Right.--All free subjects are born inheritable, as to their land, so also to the free exercise of their industry in those trades, whereto they apply themselves and whereby they are to live. Merchandize being the chief and richest of all other, and of greater extent and importance than all the rest, it is against the natural right and liberty of the subjects of England to restrain it into the hands of some few, as now it is; for although there may be now some five or six thousand persons, counting children and prentices, free of the several Companies of the Merchants, in the whole; yet apparent it is, that the Governors of these Companies, by their monopolizing orders, have so handled the matter, as that the mass of the whole trade of all the realm is in the hands of some two hundred persons at the most, the rest serving for a shew only, and reaping small benefit.

Judgement of Parliament.--The law stands for it; and a law made 12th of Henry the Seventh, never repealed by Parliament, only restrained since by charters, unduly, or by untrue suggestions, procured (by which means all other monopolies have had their original) and the first of those charters since the making of that statute (which was purchased in the end of the reign of Henry the Seventh, at what time Empson and Dudley were instruments of so much wronging and oppressing the people) yet doth in no wise restrain this liberty of free trade, but expressly allow it (with a reverence unto that very act in the 12th of this reign) and so continued till the reign of Queen Elizabeth.

Examples of Nations.--The example of all other nations generally in the world, who avoid in themselves, and hate in us, this monopolizing way of traffic; for it cannot be otherwise counted than a monopoly, when so large a commodity is restrained into the hands of so few in proportion, to the prejudice of all other who by law and natural right might have interest therein. And whereas some allege that there are like Companies in other countries, as of the East Indies in Lesbone, the House of Contraction there, the Fontego at Venice, the Travesana at Noremberg, these allegations are either untrue or unproper. There are places of assembly for merchants, and to consult for good orders in all other countries, but without restraint of trading from any man; and how traffic, by this freedom, doth flourish in other countries, and principally in the Low Countries, far more than in ours, is apparent to all the world.

Wealth.--The increase of the wealth generally of all the land by the ready vent of all the commodities to the merchants at higher rate; for where many buyers are, ware grows dearer; and they that buy dear at home, must sell dear abroad: this also will make our people more industrious.

Equal Distribution.--The more equal distribution of the wealth of the land, which is a great stability and strength to the realm, even as the equal distributing of the nourishment in a man's body; the contrary whereof is inconvenient in all estates, and oftentimes breaks out into mischief, when too much fullness doth puff up some by presumption, and too much emptiness leaves the rest in perpetual discontent, the mother of desire of innovations and troubles: and this is the proper fruit of monopolies. Example may be in London, and the rest of the realm: The custom and impost of London come to a hundred and ten thousand pound a year, and of the rest of the whole realm but to seventeen thousand pound.

Strength.--The increase of shipping, and especially of mariners, in all ports in England. How greatly the mariners of the realm have decayed in all places of latter times, and with how great danger of the state in these late wars, is known to them who have been employed in that kind of service; who do also attribute the cause thereof to this restraint of trade; free traffic being the breeder and maintainer of ships and mariners, as by memorable example in the Low Countries may be seen.

Profit of the Crown.--The increase of custom and subsidy to the King, which doth necessarily follow the increase of foreign traffic and wealth. And they which say otherwise, will dare to say anything. These reasons are in great part set down in the Act of the 12th of Henry VIIth; other particular reasons there are, which this present time doth not yield.

Opportunity Abroad.--Under our gracious Salamon, a Prince of wisdom and peace, we are like to be in league or amity with all nations; whereby, as there will be greater freedom abroad to trade to all places, so fit to have greater at home for all persons to trade. This alteration of times may make that fit now, which in times of hostility might have seemed unfit.

Necessity at Home.--And as there will be greater opportunity abroad, so also much greater necessity at home; for what else shall become of gentlemen's younger sons, who cannot live by arms when there is no wars, and learning preferments are common to all and mean? So that nothing remains fit for them, save only merchandize (and such is the use of other politic nations) unless they turn serving men, which is a poor inheritance.

The general reasons to continue the restraint of trade, and the answer to them, were these:

Imputation of the State.--It is a taint to the King and State, that these restrained companies should be called or counted monopolies; and by this Act we insist and strengthen the complaint of the Haven Towns and other nations against the State for suffering such companies.

Answer.--The same reason doth justify all the monopolies that ever were. It is no touch to the State if abuses creep in, but if reformation, desired by parliament, be denied. But surely this taint doth no ways attaint his Majesty, who hath declared himself a just enemy to all these unjust monopolies.

Not Monopolies.--These Companies are not monopolies; for a monopoly is, when liberty of selling, due to all men by right, is restrained to one, with prejudice of all others.

Answer.--The name of monopoly, though taken originally for personal unity, yet is fitly extended to all improportionable paucity of the sellers in regard of the ware which is sold. If ten men had the only sale of all the horses in England, this were a monopoly; much more the Company of Merchant Adventurers, which, in effect not above two hundred, have the managing of the two third parts of the clothing of this realm, which might well maintain many thousand merchants more. And with how great prejudice this is sundry ways to all the land, let example suffice; let the cry of all the clothiers of England testify, and the utter overthrow of infinite poor persons, which live by them and their works. For the clothiers having no utterance of their cloth but to the merchant adventurers, they, by complot among themselves, will buy but at what time, what quality, and what price themselves list; whereby the clothiers are fain often to return with loss, to lay their cloths to pawn, to slack their trade, to the utter ruin of their poor workmen, with their wives and children.

Keeping up our Commodities.--These Companies keep up the price of our commodities abroad, by avoiding an over-glut of our commodities in places whereto they trade. And this experience doth witness; for our cloth is of late years much dearer than in former times; whereas contrarywise, when trade is free, many sellers will make ware cheap and of less estimation.

Answer.--It is true that all monopolies keep up their commodities for their own private lucre; but they do it unjustly, and to the discontent of all other men; which hath been the cause of so many edicts of the Empire against the Company of Merchant Adventurers, which hath driven them so often to shift their marts; and is the cause, that our merchants are so generally hated, no other nation Christian either using or enduring such restrained Companies in matter of merchandizes. Howbeit both by reason and experience we may conjecture that there is no greater [blank] that if trade be made free, our commodities will much abate their price abroad; for the merchants must first buy their commodities at home; and where many buyers are, wares will grow dearer; and buying dear at home, he must sell dear abroad. For it is not true that there will be a greater glut of our commodities in foreign parts; the sellers will be more, but the wares sold will be much the same, especially in those principal commodities, which grow out of the land. It is the store of the merchandize, not the multitude of merchants, which doth make things cheaper. Besides, when trade is free, it is likely that many young men will seek out new places, and trade further for great benefit; whereby the glut in the former places will be less.

The weakness of their argument of experience is plain; for not cloth only, but all other things in the world are risen greatly in price; and in France, where there is no Companies, our kerseys are sold at exceeding good price, and as dear, in proportion, as broad cloths by the Merchant Adventurers. But if it were so, that they kept up our commodities abroad, so do they, by the same skill, foreign commodities at home: so a few rich men do gain by their out-going, and the whole land doth lose much more by their return. They say that they gain little by return of foreign commodities. There lieth a mystery, for it is true, and will be avowed upon certain knowledge, that upon the arrival of the Merchant Adventurers' fleet, the commodities, on the other side, are ordinarily raised at least twenty in the hundred; for so do they quit one wrong with another. But hereby the loss still falls heavy on the subject, who is damnified now again in the commodities returned, as he was before in the engrossing of those which were issued.

Venting all Now.--The Companies that now are, do vent all the commodities of the land, and yet are they hardly able to live one by another.

Answer.--It is not all vented, which the land might spare; and that by reason of the courses held by these Companies, to their own excessive gain, and certain loss of all other men: besides, when traffic shall flourish with us, as doth in other countries, where trade is free, and namely in the Low Countries, who thereby have supported the huge charge of their long wars, things merchantable will increase daily by this encouragement to the subjects' industry, even as there they do; for natural commodities are more than trebled by access of art and industry; and howsoever, yet the division of wealth will be more equal; for now, by the plotting of the governor of these Companies, some few overgrown men devour the wealth, and make merry, whilst the rest, even of their own Companies, do want and weep.

Prenticeship Necessary.--This Act makes it lawful to become merchants without prenticeship; which is an injury to them which have served, and hurt to them that serve not; who, venturing unskilfully, shall be sure of loss.

Answer.--The loss of new merchants, it may be, is as much the desire, as fear of the objectors; but they that have served, have their skill for their labour; and they that serve not, must be at charge of a factor, or join with their friends, and learn skill by them; or at least wise men adventure their stocks with other men, after the fashion of the Low Countries, and other places, where trade doth flourish. By the same reason young gentlemen might be kept from their lands, for want of skill to govern them.

Dissolving Companies.--This Act, by enlarging the Companies, and giving free access to all men, doth in effect dissolve them; for hardly are they able to govern those that are in already; and where government faileth, there will be certain confusion.

Answer.--This Act dissolveth no Company, taketh away no good government. Those orders in Companies, which tend to monopoly, it abrogateth: orders for necessary contribution to public charges it establisheth; the rest it leaves as it found them, neither in worse state, nor better. It is weakness to say, that a greater multitude cannot be governed; for so neither Kings in their Dominions and subjects, nor cities in their amplitude should increase. If for matter of merchandize there were no such government at all, nor more than there is for our merchants in France, or hath been at Stade, for divers years past, or than there is in the Low Countries, where are the best merchants in the world; yet provident men would consult and join together in that which were for their common benefit, ease, and safety. Such Companies there are in other countries, but no such monopolies as ours are.

Joint Stock Necessary.--This Act is against trading in a joint stock together, which in long and dangerous voyages (as to Musco, and especially the East Indies) is necessary; for in that voyage one alone will not adventure; besides the merchants must keep some port there amongst the infidels.

Answer.--It is true that it is fit to trade to the East Indies with a joint stock, and so do the Hollanders; this Act therefore doth not forbid men to trade in a joint stock, if they list, and see it fit; only forbiddeth to constrain men to trade so against their wills; which heretofore in other trades, and at this day in the Muscovie trade, doth turn to the great damage both of the Commonwealth and of the particular persons so constrained to trade. The Muscovie Company, consisting of eight score, or thereabouts, have fifteen directors, who manage the whole trade; these limit to every man the proportion of stock which he shall trade for, make one purse and stock of all, and consign it into the hands of one agent at Musco, and so again, at their return, to one agent at London, who sell all, and give such account as they please. This is a strong and a shameful monopoly--a monopoly in a monopoly--both abroad and at home. A whole Company, by this means, is become as one man, who alone hath the uttering of all the commodities of so great a country. The inconveniences, which have ensued thereof, are three apparent.

First, by this means they vent less of our commodities; for, by reason of the one agent, they vent all through his hands; by which means the Hollanders have come in between us; who, trading thither in several with our own English commodities (which are most proper for that country) utter much more than our own merchants, and make quicker return; which has occasioned many Englishmen to join in trade with the Hollanders, to the detriment of the King's Majesty in his customs. And by this means that trade is like utterly to decay; for the Hollanders have grown in short time from two ships to above twenty; this spring they are gone to Muscovie with near thirty ships, and our men but with seven. The like fell out in the Turkie Company, when they constrained men to a joint stock; since the breaking of which combination, there go four ships for one.

Secondly, in their return with Muscovie commodities, they greatly prejudice the Commonwealth and State. Example in cordage, which they bring home in such scarcity, and sell so dearly, as that they have raised it in short time from twenty to thirty shillings; yea, to sell their ware dear, they have contracted with the buyer not to bring any more of that commodity within three years after.

Thirdly, this is hurtful to all the young merchants of their own Company, who cannot forbear their stock so long as now they do, and desire to employ their own industry in managing it, and having oftentimes been all damnified by the breaking of that general factor.

Public Charges.--In divers places, as namely, in Turkey and Muscovy, the merchants are at charge of sending presents, maintaining ambassadors, consuls, and agents, which are otherwise also necessary for the service of his Majesty, and of the State; these charges are now defrayed by these Companies.

Answer.--This matter is expressly provided for by this Act, that all that trade to those places shall be contributory to those charges.

The New Merchants will give over.--The like attempt for free trade was in Anno 1588, at what time liberty being given to all men to buy cloths at Westminster, the Merchant Adventurers gave over to trade at all; whereby the cloth of the land lying on the clothier's hands, they were forced, by petition, to get the former restraint restored.

Answer.--This is true, and the same mischief were likely to ensue again; for it is said, that the same policy is now in speech in their Company. But the times being well altered from war to peace, this mischief would be but short, and other merchants soon grow to take their places, if they should, as (being rich) they may, forsake them. But it were to be trusted that this stomachness, being to their own loss, would not long continue. Howsoever, it doth not stand with the dignity of parliament either to fear or favour the frowardness of any subject.

The Rich will eat out the Poor.--If poor merchants should trade together with the rich, the rich beyond the seas would buy out the poor, being not able to sell at the instant, to make themselves savers; and so there would grow a monopoly ex facto.

Answer.--This reason sheweth thus much, that a crafty head, with a greedy heart, and a rich purse, is able to take advantage of the need of his neighbour (which no man doubteth of); but if the difficulties and dishonesties should deter men from action, and not rather increase their diligence and wariness, then should there be no trading at all in any sort.

Strangers will eat out the English.--If all men may be merchants, the sons of strangers denized will, in time, eat out the natural merchants of this kingdom.

Answer.--If the sons of strangers become natural English, why should they not [have] a subject's part? And more they cannot reap. If any further mischief should grow, it might at all times by a new Act be easily remedied.

All Men may go out of the Realm.--If trade be free for all men, then all may become merchants, and under that pretext any may go out of the realm; which will be good news for the papists.

Answer.--This conceit is weak; for so it may be said that all men may become mariners, and so quit the kingdom; and it is provided by express words of the bill that they may not go out of the realm but for their present traffic.

Against London.--This Act is against London, and the wealth thereof, which is necessary to be upheld, being the head city of the kingdom.

Answer.--Nay, it is for London, unless we will confine London into some two hundred men's purses; the rest of the City of London, together with the whole realm, sue mainly for this bill; and they cry, they are undone, if it should be crossed.

Hurt to the King's Customs.--It will be prejudicial to the King's customs, who in other parts will easier be deceived than here in London.

Answer.--Nothing can be more clear than that if transport and return of merchandize will increase by this Act, also the King's customs, which depend thereon, must withal increase: And if this Bill may pass, if the King be pleased to let his custom to farm, to give 5,000l. a year more than, communibus annis, hath been made these last years. The deceiving of the King is now, when, for want of this freedom, men are enforced to purchase the vent of their commodities out of creeks, because they cannot be admitted to public trade; whereas otherwise they should have no reason to hazard their whole estate, for the saving of so reasonable a duty. As for faults in officers, they may as well happen in London, as in any other place.

Decay of Great Ships.--During freedom of trade, small ships would be employed to vent our commodities, and so our great ships, being the guard of the land, would decay.

It is war, more than traffic that maintaineth great ships; and therefore, if any decay grow, it will be chiefly by peace, which the wisdom of the State will have a regard of; but for as much depends of traffic, no doubt the number of smaller ships will grow by this freedom, and especially mariners, whereof the want is greatest, and of whom the smallest vessels are the proper nurseries. But that the great ships will decay, doth not necessarily follow; for the main trade of all the white cloth, and much of other kind, is shipped from the Port of London, and will be still, it being the fittest Port of the kingdom for Germanie and the Low Countries, where the Merchant Adventurers' trade only lieth; who shall have little cause to alter their shipping. Then the Levent Sea, Muscovy, and East Indies, whither we trade with great ships, the employing of them will be still requisite in the merchants' discretion; for otherwise both the commodity of the returned will be less, and the adventure too great in so rich lading not to provide for more than ordinary assurance against the common hazard at sea.

Other particular reasons there are, for restraint of trade in favour of certain Company.

Merchant Adventurers.--The Company of Merchant Adventurers is very ancient, and they have heretofore been great credit to the Kings, for borrowing money in the Low Countries and Germany.

Answer.--The Company indeed is as ancient as Thomas of Beckett, their founder, and may still continue. Their restraining of others, which this Bill doth seek to redress, is not so ancient, and was so disallowed by parliament in the twelfth year of Henry the seventh; which Act stands impeached by particular charter, but never by consent of the realm repealed. But in truth this Company, being the spring of all monopolies, and engrossing the grand staple commodities of cloth into so few men's hands, deserves least favour. The credit of the King hath been in the cloth (not in their persons) which will be as much hereafter, as heretofore.

Muscovy Company.--The Muscovy Company, by reason of the chargeable invention of that trade two and fifty years since, and their often great loss, was established by Act of Parliament in the eighth year of Queen Elizabeth.

Answer.--The chargeable invention hath been a reason worthy of respect thirty or forty years ago, when the inventors were living, and their charge not recompensed by counter-vailable gain; which since it hath been their loss, hath been their own fault, in employing one factor, who hath abused them all. Private Acts for favour, when the cause thereof is ceased, are often revoked. Howbeit this Bill dissolveth no Company, only enlargeth them, and abrogateth their unjust orders for monopolies.

An Argument Unanswerable.--Another argument there is, not to be answered by reason, but by their integrity and love of their country, who shall be assaulted with it. In sum, the Bill is a good Bill, though not in all points, perhaps, so perfect as it might be; which defects may be soon remedied and supplied in future parliament.

* * * * *

Sir Edward Sandys proceeded in the report, and delivered in the two Bills for free trade; the first (being the principal Bill) with amendments; which were twice read; and the Bill, upon question, ordered to be ingrossed.

16. THE ESTABLISHMENT OF A COMPANY TO EXPORT DYED AND DRESSED CLOTH, IN PLACE OF THE MERCHANT ADVENTURERS[312] [Pat. Rolls, 13 James I, p. 2], 1616-17.

James by the Grace of God, etc.:

We have often and in divers manners expressed ourselves ... what an earnest desire and constant resolution we have that, as the reducing of wools into clothing was the act of our noble Progenitor King Edward the Third, so the reducing of the trade of white cloths, which is but an imperfect thing towards the wealth and good of this our Kingdom, unto the trade of cloths dyed and dressed, might be the work of our time,

To which purpose we did first invite the ancient Company of Merchant Adventurers to undertake the same, who upon allegation or pretence of impossibility refused.

Whereupon nevertheless not discouraged but determined to maintain our princely resolution against impediments and difficulties in a work so excellent, We did find means to draw and procure divers persons of good quality within our City of London and elsewhere with great alacrity and commendable zeal to give a beginning to this our purpose,

In respect whereof, for that above all things We were to take a princely care that between the cessation of the old trade and the inception and settling of the new there should not be any stand of cloth nor failing or deadness in the vent thereof, whereby the work which is so good for the future might prove dangerous in the entrance thereof, we were inforced to grant several licences under our Great Seal unto the said persons for a trade of whites to be temporary and in the interim until this work by due and seasonable degrees without inconvenience of precipitation might be happily accomplished, giving them likewise some powers of assembling, keeping of Courts and the like, but yet without any actual incorporation of them,

But notwithstanding, having evermore in contemplation our first end, We have still provoked and urged on the said persons unto whom the trade is now transferred to some certainty of offer and undertaking concerning a proportion of cloths dressed and dyed to be annually exported, and the same proportion to increase and multiply in such sort as may be a fruitful beginning of so good a work and also an assured pledge of the continuation thereof in due time.

Whereupon the said persons or new Company have before the Lords of our Privy Council absolutely condescended and agreed at a Court holden the seventeenth day of June one thousand six hundred and fifteen, that thirty-six thousand cloths shall be dressed and dyed out of such cloths white as were formerly used to be shipped out by the old Company undressed and undyed....

... And did further promise and profess with all cheerfulness to proceed as it shall please God to give ability and the trade encouragement to the settling of the whole trade of cloths dressed and dyed, which is the end desired.

Wherefore We, in our princely judgement foreseeing that as long as the said new Company shall remain not incorporated it doth much weaken both the endeavour and expectation which belongeth to this work, as if it were a thing but only in deliberation and agitation and not fully and thoroughly established, have thought it now a fit time to extend our princely grace unto them for their incorporation and to indue and invest them with such liberties and privileges as the old Company formerly had, with such additions and augmentations as the merit of concurrence to so good an end may require, with this, nevertheless, that because the nature of the present liberties and privileges must of necessity differ from those which shall be fit and requisite when the whole trade shall be overcome and settled, there be therefore a power in Us to revoke or alter the same.

Know ye therefore that We ... by these presents have given, granted and confirmed, and for Us our heirs and successors do give, grant and confirm, unto our right trusty and right well beloved Cousin and Counsellor Thomas, Earl of Suffolk, Lord High Treasurer of England [and others named], and to every of them, and to all and every such person and persons whatsoever our loving subjects as shall, between this and the feast of St. Michael the Archangel next ensuing come in, subscribe, and be admitted of their Society, That they and every of them, their and every of their sons and apprentices according to the constitutions and ordinances hereafter by the Company to be made and presented, shall be one Fellowship and Commonalty and one body corporate and politic in deed and in name, by the name of Governor, Assistants, and Fellowship of the King's Merchants Adventurers of the New Trade of London.

[Power to have common seal, etc.]: [There shall be one Governor, William Cokayne, Alderman of our City of London, to be the first and present Governor, to continue till June 24 next] and from thence until the said William Cokayne or some other of the said Fellowship or Company shall in due manner be chosen and sworn to the said office according to the ordinances and provisions hereafter in these presents expressed and declared, if he the said William Cokayne shall so long live:

[And further] there shall be from henceforth for ever hereafter one or more, not exceeding the number of six, of the said Company or Fellowship to be elected and chosen, which shall be called the Deputy or Deputies of the said Company or Fellowship: ...

And furthermore We for Us, our heirs and successors, do by these presents grant and confirm to the said [Fellowship] and their successors that it shall and may be lawful to and for them and every of them, and their successors for ever, hereafter to trade, traffic, and occupy and use the trade and feat of merchandise unto, from and with the Town of Callice in the Realm of France and the marches thereof, and into, from and with all and every the countries of Holland, Zeland, Brabant, Flaunders, West Frizeland and all other the countries nigh thereunto adjoining heretofore under the obeisance of the Dukes of Burgundy, or into East Frizeland and Hamborough and the Territories of the same, and into from and with the countries of Germany and all the Territories, Provinces, Cities and Towns thereof with all manner of woollen cloths, kersies, wares, commodities and merchandises whatsoever not prohibited, without any let contradiction or interruption of Us, our heirs or successors, or of any other person or persons whatsoever:

And our will and pleasure is, and We do hereby for Us, our heirs and successors, grant and confirm unto the said [Fellowship &c.], that the said Governor or Deputy and the said Assistants or the more part of them for the time being, being at least thirteen, shall from henceforth for ever have, use and exercise full jurisdiction, power and authority lawfully to rule and govern the same Company or Fellowship and their successors, and all and every merchants and members of the same, in all their private causes, suits, quarrels, misdemeanours, offences and complaints among them touching the said trade, as well here in England as beyond the seas in Callice and the marches thereof, and also in the Countries and Towns of Holland [etc. Germany, etc., as above] rising, moved and to be moved....

And moreover We ... do by these presents grant unto the said [Fellowship, etc.] that the said Governor, Deputy and Assistants, or thirteen of them at the least, and their successors for the time being from time to time and at all times from henceforth, shall and may enact, establish, allow and confirm, and also revoke, disannul and repeal all and every act and acts, laws, and ordinances heretofore had or made by the said [Fellowship, etc.] or by what name or names or additions soever, and also shall and may from henceforth from time to time and at all times hereafter for ever enact, make, ordain and establish acts, laws, constitutions and ordinances [for the good government of the Fellowship] and of every merchant and peculiar member of the same Fellowship or body corporate [and also of all our subjects] intermeddling exercising or using the feat or trade of the said [Fellowship] by any means, as well here in England as in the said countries towns and places beyond the seas, so that the said acts laws [etc.] be not hurtful to any the rights of our Crown, honour, dignity royal or prerogative, or to the diminution of the common weal of this our Realm or contrary to any our laws and statutes.... And that the said [Fellowship, or thirteen as aforesaid] shall and may take order with every the subject or subjects of Us our heirs and successors, not being of the said Company and trading or haunting the said countries or places beyond the seas or any of them for merchandise, and compel every of them by fines, forfeitures, penalties, imprisonments or otherwise to obey, hold and perform all such orders, acts and ordinances that hereafter shall be ordained, made, allowed or confirmed by the said [Fellowship or majority as above] for the good government, rule, order and condition of the said subject or subjects, so as the state of the said Company be not by them impeached or hindered but by all means and ways maintained and continued. And that all such forfeitures fines [etc.] so as aforesaid to be levied and taken shall be for evermore to the use and behoof of the said [Fellowship, etc.]

... And also We will, and for Us, our heirs and successors, by these presents do grant to the said [Fellowship] that the said [Fellowship or a majority, thirteen at least, as above] shall have full and whole power and authority to impose and lay, and also to take and levy, all reasonable impositions and sums of money whatsoever as well upon all persons trading into the said countries as also upon the merchandise to be transported and carried into the countries, towns, provinces and territories before rehearsed or any of them either by water or land....

And, for the better encouragement of the said Company or Fellowship ... We do hereby for Us our heirs and successors straitly charge and command all and singular the customers, comptrollers, searchers, surveyors, waiters and all others the officers and ministers of Us our heirs and successors for the time being in all every or any of our ports, havens, creeks and the members of the same within our Realms and Dominions ... that they and every of them ... shall not at any time or times hereafter wilfully permit or suffer any of the subjects of Us our heirs or successors or any aliens denizens or strangers to freight, lade or ship out in any ship, crayer, lighter or other vessel whatsoever any goods wares or merchandises whatsoever (being native commodities of this Realm) for any of the said territories, countries and towns before-mentioned wherein the said [Fellowship etc.] according to the intent of these presents are to trade and traffic, but such goods, wares and merchandises only whose entries shall be subscribed and allowed by the Governor or Deputy of the said Company for the time being by bill or writing subscribed with his or their hand or hands, or such other person or persons as by the said Governor or Company shall be thereunto named and appointed, and in such ship or ships or other vessel or vessels only as shall be named in such bills or writings....

And for the better encouragement of the said [Fellowship] to proceed in exportation of cloths dressed and dyed here in this our Realm, which will tend so much to the common weal of the same, and which by the said Company or Fellowship cannot as yet in such full manner be perfected as that they can have sufficient vent for the said dressed and dyed cloths in foreign parts without a temporary liberty to export cloths white, until by continuance of time they shall be further enabled and encouraged, We do by these presents ... give and grant unto the said [Fellowship etc.] full and free liberty, licence, power, privilege, authority and immunity that they or any of them, by themselves or by their or any of their servants, factors or agents, at their or any of their liberties and pleasures yearly and every year shall and may provide and buy, or cause to be provided and bought, within this our Realm of England and other our Dominions for their or any of their proper use or uses the number of thirty thousand woollen cloths unrowed unbarbed and unshorn and not fully and ready dressed and wrought, of which said number of thirty thousand cloths yearly five and twenty thousand shall be every cloth above the value or price of six pounds of lawful money of England, and the number of five thousand cloths residue of the said yearly number of thirty thousand cloths uncoloured or white above the value or price of four pounds of lawful money of England, or of any higher or greater prices whatsoever, ... and the same from this our Realm of England into the towns of Callice and the marches thereof in the Realm of France and into the countries and towns of Holland [etc., as above] to transport, send, convey, ship and carry over or cause to be transported, sent, shipped, conveyed and carried over there to be by them unladen, discharged, vented, sold ... or otherwise disposed ... and from thence to freight, lade, ship, return, import and bring back into this our said Kingdom or into any part thereof all such wares, commodities, goods and merchandises already not prohibited as to them or any of them their servants, factors or agents shall seem good, paying to Us our heirs and successors our duties and customs due and to be paid for the same, and further paying unto our trusty and well-beloved Cousin the Earl of Cumberland, his executors or assigns, for every white unwrought or undressed woollen cloth so to be by them or any of them shipped or transported out of this Realm under the warrant of his present licence over and above the said thirty thousand cloths two shillings and eight pence....

And our will and pleasure is, and We do hereby declare our Royal intent and meaning to be, and the said [Fellowship, etc.] do covenant, promise and agree to and with Us our heirs and successors by these presents, that they and their successors shall from time to time and at all times do their utmost endeavours that after the end and expiration of the said three years ensuing, during which the proportion of thirty-six thousand cloths are undertaken to be exported as is before in these presents expressed, that their trade of exporting and merchandising into the foresaid countries, provinces, towns and places aforesaid of woollen cloths may be wholly reduced unto the venting of such cloths only as shall be dyed and dressed here within this our Realm and other our Dominions, so far forth as it shall please God to give them and their successors ability and the trade encouragement, anything in these presents contained to the contrary notwithstanding: ...

... Provided also that these our Letters Patents or any matter or thing therein contained shall not extend to give authority or power to the said [Fellowship of the King's Merchants, etc.] or to any member or person of the said Company to transport or carry out of the realm any cloths, kersies, wares, commodities or merchandises whatsoever, which by the laws and statutes of this Realm are restrained or prohibited to be transported or carried over the seas, otherwise than according to the true intent and meaning of these presents, unless they shall obtain and procure licence for the same.

[Footnote 312: Printed in the publications of the Selden Society, Vol. 28, pp. 78-98.]

17. SIR JULIUS CAESAR'S PROPOSALS FOR REVIVING THE TRADE IN CLOTHS [Lansdowne MSS.,[313] clii. 56, f. 271], 1616.

Means to avoid the present stand of cloth--

(1) Commissioners honest and substantial and sufficient for skill to be presently appointed for the view of the cloth weekly to Blackwell Hall, and the faulty cloth to be returned upon the clothier with imprisonment till he put in security to answer it in the law; and the good to be justly valued, according to the usual prices for these two years past, and the new Merchant Adventurers enforced to buy the same.

(2) So many of the new Merchant Adventurers as shall refuse to lay out for cloth such sums as they have subscribed for to be presently committed, to abide the censure of the Star Chamber for abusing of his Majesty and the State in so desperate and dangerous a case as this is.

(3) The fines of them to be employed in the buying of cloth for the riddance of the market.

(4) So many in London as are thought worth 10,000l. to be moved by my Lord Mayor to buy up clothes for 1,000l. at the least; especially all woollen drapers of half that worth, viz., 5,000l.

(5) Express commandment and present example of King's Counsellors and Courtiers and all their servants to wear nothing but broad cloth in their gowns, cloaks, girths, robes or breeches till Easter next, to the end that woollen drapers may be encouraged to buy the cloth made or to be made before that day; or else on pain of imprisonment not to come into Court....

(10) And if it be doubtful whether these proceedings agree with law, the answer is that they do, for the law giveth place to parlous cases of State and leaveth them to be provided for by the wisdom of the King and his Counsellors; and Salus reipublicæ suprema lex est, which is a sufficient answer to all cavillers and peevish lawyers.

[Footnote 313: Quoted, Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 192-3.]

18. THE GRANT OF A MONOPOLY FOR THE MANUFACTURE OF SOAP [_W.H. Price, The English Patents of Monopoly, Appendix W._], 1623.

James, by the grace of God, etc., to all to whom these presents shall come, greeting.

Whereas We, by our letters patents ... did give and grant unto our well-beloved subjects Roger Jones and Andrew Palmer, their executors, administrators, and assigns, full and free liberty, license, power, privilege, and authority that they, ... and none other, by themselves, their deputies, servants, factors, or workmen, should or might at all and every time and times thereafter, and from time to time, during the term of twenty and one years next ensuing the date of the said letters patents, ... use, exercise, practice, and put in use ... the mistery, art, way, means, and trade of "making of hard soap with the material called barilla, and without the use of any fire in the boiling and making thereof, and also of the making of soft soap without the use of fire in the boiling thereof," with such privileges and clauses as in said letters patents are contained and may more at large appear: And whereas since the granting of the said letters patents the said Roger Jones and Andrew Palmer, and such others, their assistants, as by great expense and travail have aided and assisted them in perfecting the said invention, have found out and added to their former invention many particulars conducing much to the profitableness and perfection of the work, both in the use of native and home commodities of this kingdom in the working and composition of the said soaps, and thereby in sparing and saving many thousands yearly which are now expended on foreign commodities bought and brought from beyond the seas, and employed here in the making of soap, in the manner now ordinarily used; ... Forasmuch as such profitable inventions are not at once and at the first brought to their full perfection, We hold it fit in justice and honour to give all encouragement to such our loving subjects as shall employ their travails, industries, and purses to the furthering of the common good, and to reward them to the full with the fruits of their own labours; and forasmuch also as the said Roger Jones and Andrew Palmer have now approved their inventions and skill to be such as deserveth encouragement, their soap, made (blank) the material of our kingdom only, being found to be as sweet and good as the best soft soap now already made, and to extend further in the use thereof, as they in the behalf of themselves and their assistants have also made offer unto us to respect our own particular profit, in such measure as that the loss we may receive in our customs and other duties by the not importing of foreign commodities for the making of soap as in former times, shall by their industries be recommended unto us, our heirs, and successors, in certainty with good advantage; and our loving subjects, who have long complained of the bad and stinking soap now ordinarily in use, shall have good, sweet, and serviceable soap for their money, and yet shall not have the price thereof raised upon them above the usual rate of the best sweet soap now made and sold by the soap-boilers.

Know ye, that We, for the considerations aforesaid, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Roger Jones and Andrew Palmer on the behalf of themselves and their assistants, full and free liberty, license, power, privilege and authority that they, the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, by themselves or their deputies, servants, factors, or workmen, and none other, shall and may at all and every time and times hereafter, and from time to time during the term of twenty and one years next ensuing the date of these presents, at their own proper costs and charges, use, exercise, practice, and put in use, within our said realms of England and Ireland and dominion of Wales, and our town of Berwick, at their liberty and pleasure, the mistery, art, way and means of making of hard soap and soft soap, as well with the materials and in such manner as in the said former letters patents are expressed, as also of burning and preparing of bean-straw, pea-straw, kelp, fern, and other vegetables to be found in our own dominions, into ordinary ashes or into potashes, and with the said materials of the ashes of bean or pea straw, and kelp, fern, and all other vegetables whatsoever not formerly and ordinarily used or practised within these our realms and dominions to make soap hard or soft, at their will and pleasure, and in such way or form as they have invented or devised; and also of the using of the assay glass for trying of their lye and making of hard and soft soap by their said new inventions, in the way of making of the said soaps by sundry motions, and not boiling of the same with the expense of much fuel, in such sort as was formerly accustomed by such as now usually make soap in and about our city of London and elsewhere in our said dominions; ... and to the end that this our pleasure may be the better effected, and the said Roger Jones and Andrew Palmer may the more fully enjoy the benefit of this our grant, We will, and for us, our heirs and successors, do straightly charge, inhibit, and command, and do also of our especial grace, certain knowledge, and mere motion, for us, our heirs and successors, grant to the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, that no person or persons whatsoever born within any our realms or dominions, nor any other person or persons whatsoever, either denizens or strangers born in any foreign realm or country whatsoever, of what estate, degree, or condition soever he or they be or shall be, other than the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns or such as shall by them or some of them be set on work or authorised, shall or may, at any time or times during the said term of one and twenty years hereby granted or mentioned, or intended to be granted, practice, use, exercise, or put in use the said mistery, art, way, means, or trade of making the said hard or soft soaps with any the materials aforesaid, ... And to the end it may the better appear when any such soap shall be made contrary to the true intent and meaning of these presents, for us, our heirs, and successors, give and grant full liberty, power, and authority unto the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, that a stamp or stamps, seal or seals, to be engraven with a rose and crown, shall be stamped, sealed, or marked on all the soaps by them or any of them to be made in manner and form before declared, the better to distinguish their said soap from all counterfeit soap, either hard or soft, made or to be made by any person or persons contrary to the true intent and meaning of these presents or of the letters patents before recited, which seal or stamp so to be made as aforesaid We do by these presents will and command be set upon the hard soap, and upon the firkins, barrels, and other vessels containing the said soft soap so to be made, and shall not be set upon soaps hard or soft made by any other person or persons whatsoever contrary to the true intent of these presents, but shall be set and fixed only upon such soap as shall be from time to time made by the said Roger Jones and Andrew Palmer, their executors, administrators, or assigns, according as is herein before setdown, and no other; and further, We do by these presents grant that it shall and may be lawful to and for the said Roger Jones and Andrew Palmer, their executors, administrators, or assigns, or any of them, by himself or themselves, or by his, their, or any of their deputies, factors, or servants, at any time or times convenient, and from time to time during the said term of one and twenty years, with assistance of a constable or some other officer, to enter into all and every place and places, house and houses, where they or any of them shall have any just cause to suspect any such hard soap or soft soap, or soap-ashes, or potashes, to be made or endeavoured to be made or stamped or sealed, or to be sold or uttered or set to sale, contrary to the true intent and meaning of these presents or of the letters patents before recited, or any vessels, engines, or instruments to be erected, framed, or used contrary to the true meaning hereof, ... and finding any such, to seize the hard soaps and soft soaps, and potashes, and other ashes hereby granted so made to the use of us, our heirs, and successors: ... And forasmuch as the public having an interest herein, which by the enhancing of the prices of the commodities aforesaid may be prejudiced and damnified, our will and pleasure is, and we do hereby straightly charge and command, that they the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, or any other person or persons by them to be authorised for the making of the said hard soap or soft soap, shall not, at any time during the said term of one and twenty years, sell, or cause to be sold, the said hard soap or soft soap, by them or any of them to be made as aforesaid, at any higher or dearer rates and prices than hard soap and soft soap of the best sorts and kinds were most usually sold for, within the space of seven years now last past before the date of these presents. And further, We do hereby charge and command all and singular justices of peace, mayors, sheriffs, constables, headboroughs, comptrollers, customers, searchers, waiters, and all other officers and ministers to whom it shall or may appertain, to be aiding and assisting in all lawful and convenient manner unto the said Roger Jones and Andrew Palmer, their executors, administrators, deputies, and assigns, in the due execution of these our letters patents, as they tender our pleasure and will avoid our indignation and displeasure in the contrary....

19. THE STATUTE OF MONOPOLIES [21 James I, c. 3, Statutes of the Realm, Vol. IV, Part. II, pp. 1212-14], 1623-4.

Forasmuch as your most excellent Majesty, ..., did, in the year of our Lord God one thousand six hundred and ten, publish in print to the whole realm and to all posterity, that all grants of monopolies and of the benefit of any penal laws, or of power to dispense with the law, or to compound for the forfeiture, are contrary to your Majesty's laws ...; and whereas your Majesty was further graciously pleased expressly to command that no suitor should presume to move your Majesty for matters of that nature: yet nevertheless upon misinformations and untrue pretences of public good, many such grants have been unduly obtained and unlawfully put in execution, ...; for avoiding whereof and preventing of all the like in time to come, may it please your Majesty, at the humble suit of the Lords Spiritual and Temporal and the Commons in this present Parliament, that all monopolies and all commissions, grants, licenses, charters, and letters patents heretofore made or granted to any person or persons, bodies politic or corporate whatsoever, of or for the sole buying, selling, making, working, or using of anything within this realm or the dominion of Wales ... are altogether contrary to the laws of this realm, and so are and shall be utterly void and of none effect, and in no wise to be put in use or execution.

II. And be it further declared and enacted by the authority aforesaid that all monopolies and all such commissions, grants, licenses, charters, letters patents, proclamations, inhibitions, restraints, warrants of assistance, and all other matters and things tending as aforesaid and the force and validity of them and every of them ought to be, and shall be forever hereafter examined, heard, tried, and determined by and according to the common law of this realm and not otherwise.

III. And be it further enacted by the authority aforesaid that all person and persons, bodies politic and corporate whatsoever, which now are or hereafter shall be, shall stand and be disabled and incapable to have, use, exercise, or put in use any monopoly or any such commission, grant, license, charters, letters patents, proclamations, inhibition, restraint, warrant of assistance, or other matter or thing tending as aforesaid, or any liberty, power, or faculty grounded or pretended to be grounded upon them or any of them.

IV. [Persons aggrieved by monopolists to recover at Common Law treble the damages incurred.]

V. Provided nevertheless, and be it declared and enacted that any declaration before mentioned shall not extend to any letters patents, and grants of privilege, for the term of one and twenty years or under, heretofore made of the sole working or making of any manner of new manufacture within this realm, to the first and true inventor or inventors of such manufactures which others at the time of making of such letters patent and grants did not use, so they be not contrary to the law nor mischievous to the state, by raising of the prices of commodities at home, or hurt of trade, or generally inconvenient, but that the same shall be of such force as they were or should be if this act had not been made, and of none other: and if the same were made for more than one and twenty years, that then the same for the term of one and twenty years only, to be accounted from the date of the first letters patents and grants thereof made, shall be of such force as they were or should have been if the same had been made but for the term of one and twenty years only, and as if this act had never been had or made, and of none other.

VI. Provided also, and be it declared and enacted, that any declaration before mentioned shall not extend to any letters patents and grants of privileges for the term of fourteen years or under, hereafter to be made of the sole working or making of any manner of new manufactures within this realm, to the true and first inventor and inventors of such manufactures which others at the time of making such letters patents and grants shall not use, so as also they be not contrary to the law nor mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient, the said fourteen years to be accounted from the date of the first letters patents or grants of such privilege hereafter to be made, but that the same shall be of such force as they should be if this act had never been made and of none other.

VII. [This Act not to be prejudicial to grants conferred by Act of Parliament.]

VIII. [This Act not to extend to warrants directed to judges to compound for forfeitures under penal statutes.]

IX. Provided also, and it is hereby further intended, declared, and enacted that this act or anything therein contained shall not in any wise extend or be prejudicial unto the city of London, or to any city, borough, or town corporate within this realm, for or concerning any grants, charters, or letters patents to them or any of them made or granted, or for or concerning any custom or customs used by or within them or any of them or unto any corporations, companies, or fellowships of any art, trade, occupation, or mistery, or to any companies or societies of merchants within this realm, erected for the maintenance, enlargement, or ordering of any trade of merchandise, but that the same charters, customs, corporations, companies, fellowships and societies, and their liberties, privileges, powers and immunities shall be and continue of such force and effect as they were before the making of this act, and of none other: anything before in this act contained to the contrary in any wise notwithstanding.

X. [This Act not to extend to grants relating to printing, the manufacture of saltpetre or gunpowder, the casting of ordnance or shot, or to offices other than those created by royal proclamation.]

XI. [This Act not to extend to grants relating to alum or alum-mines.]

XII. [This Act not to extend to the fellowship of the Host-men of Newcastle-upon-Tyne, or to grants or commissions relating to the licensing of taverns.]

XIII. [This Act not to extend to any grant or privilege concerning the manufacture of glass given to Sir Robert Mansell, or to a grant for the transportation of calf-skins made to James Maxwell.]

XIV. [This Act not to extend to a grant concerning the making of smalt made to Abraham Baker, nor to a grant concerning the melting and casting of iron ore made to Edward, Lord Dudley.]

20. AN ACT FOR THE FREE TRADE OF WELSH CLOTHES,[314] [2 James I, c. 9, Statutes of the Realm, Vol. IV, Part II, pp. 1218-19], 1623-4.

Whereas the trade of making of Welsh clothes, friezes, linings and plains within the principality and dominion of Wales, is and hath been of long continuance, in the using and exercising whereof many thousands of the poorer sort of the inhabitants there in precedent ages have been set on work in spinning, carding, weaving, fulling, cottoning and shearing, whereby they (having free liberty to sell them to whom and where they would) not only relieved and maintained themselves and their families in good sort, but also grew to such wealth and means of living as they were thereby enabled to pay and discharge all duties, mizes, charges, subsidies and taxations which were upon them imposed or rated in their several counties, parishes and places wherein they dwelled, for the relief of the poor, and the service of the King and the commonwealth; and whereas also the drapers of the town of Shrewsbury, in the county of Salop, have of late obtained some orders of restraint, whereby the inhabitants of Wales find themselves much prejudiced in the freedom of their markets for buying and selling of their clothes, to their great damage, as was verified by the general voice of the knights and burgesses of the twelve shires of Wales and of the county of Monmouth: for remedy whereof, be it declared and enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and Commons in this present parliament assembled, and by the authority of the same, that it shall and may be lawful to and for all and every his Majesty's subjects inhabiting or dwelling, or which at any time shall inhabit or dwell within the said dominion of Wales, or any part thereof, freely to sell by way of barter or otherwise, all or any their Welsh clothes, cottons, friezes, linings or plains, at their wills and pleasures, to any person or persons who lawfully by the laws and statutes of this realm may buy the same; and that it shall and may also be lawful for any person and persons who by the laws or statutes of this realm may lawfully buy such clothes, and other the premises, freely to buy the same of any person or persons inhabiting or dwelling, or which hereafter shall inhabit or dwell, within the said dominion of Wales: any charter, grant, act, order or any thing else heretofore made or done, or hereafter to be made or done, to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for any person or persons using or which shall use the trade of merchandize, to transport into any the parts beyond the seas any of the said Welsh clothes, cottons, friezes, linings and plains, out of any ports or havens within this realm of England or dominion of Wales, or out of any the members thereof, where his majesty, his heirs or successors, have or shall then have officers attending to search, view and control the same, and to receive the King's Majesty's customs and other duties due and payable for the same; so as always the customs and other duties payable for such clothes and other premises so to be transported, shall be justly and duly paid for the same; and so as always the said Welsh clothes, cottons, friezes, linings and plains, before the transporting thereof, shall be fulled, cottoned and sheared as in former times they have used to be; and that no person shall transport the said clothes in other manner than as aforesaid, upon pain to forfeit the whole value of such clothes so to be transported contrary to the true meaning of this act....

Provided always, that this act or anything therein contained, shall not give power or authority to any foreigner or foreigners to buy and sell by way of retail any the said Welsh clothes, cottons, friezes, linings or plains within the town of Shrewsbury, or in any other corporate town or privileged place, contrary to any lawful charter, grant, custom, privilege or liberty in the same town or place now being or used.

[Footnote 314: This Act should be read in connection with the Statute of Monopolies (No. 19) and with the Instructions touching the Bill for Free Trade (No. 15), as representing the ideas of parliament as to the desirability of Free Trade within the country.]

21. THE ECONOMIC POLICY OF STRAFFORD IN IRELAND [Knowler, Letters and Despatches of Thomas Wentworth, Earl of Strafford, Vol. II, pp. 19, 20, Letters of Strafford to the Master of the Rolls, July 25, 1636], 1636.

The last of my generals was that of trade, which I discoursed in this manner; I let them see how the merchants trading thither had been spoiled by the pirates before my coming, as well in his Majesty's harbours, as at sea, a ship fired in the port of Dublin, in sight of His Majesty's Castle, and there continued burning, and the pirate lading and returning from the ship two days together to the mighty scandal of the State; that the shipping for want of money came so late in the year, that all the mischief was done before they came, which commonly was not before the latter end of July, but that now the monies duly answered unto the Exchequer here, the ships had been for these two last years upon the coast by the beginning of March, five or six of the Biscayners taken within the Channel, imprisoned, and after released upon their promise not to exercise any hostility hereafter within the Channel; a great ship of the Duke of Macqueda taken on the west coast, and thereby so discouraged them, that the merchant hath not lost anything since my arrival there, nor were so much as heard of a Biscayner these last two summers. This hath been a means that Trade hath increased exceedingly, and so will still (if we have peace), to the honour of his Majesty, and the enriching of his people.

That the trade here was not only much greater, but rightly conditioned, the native commodities exported being in value at least a third, if not double, the value to the foreign commodities imported; a certain sign that the Commonwealth gathers upon their neighbours.

That there was little or no manufacture amongst them, but some small beginnings towards a clothing trade, which I had and so should still discourage all I could, unless otherwise directed by his Majesty and their lordships, in regard it would trench not only upon the clothings of England, being our staple commodity, so as if they should manufacture their own wools, which grew to very great quantities, we should not only lose the profit we made now by indraping their wools, but his Majesty lose extremely by his customs, and, in conclusion, it might be feared they would beat us out of the trade itself, by underselling us, which they were well able to do. Besides in reasons of State so long as they did not indrape their own wools, they must of necessity fetch their clothing from us, and consequently in a sort depend upon us for their livelihood, and thereby become so dependent upon this Crown as they could not depart from us without nakedness to themselves and children. Yet have I endeavoured another way to set them on work, and that is by bringing in the making and trade of linen cloth, the rather in regard the women are all naturally bred to spinning, that the Irish earth is apt for bearing of flax, and that this manufacture would be in the conclusion rather a benefit than other to this Kingdom. I have therefore sent for the flax seed into Holland, being of a better sort than we have any, sown this year a thousand pounds worth of it (finding by some I sew the last year, that it takes there very well), I have sent for workmen out of the Low Countries and forth of France, and set up already six or seven looms, which, if please God to bless us this year, I trust so to invite them to follow it, when they see the great profit arising thereby, as that they shall generally take to it and employ themselves that way, which if they do I am confident it will prove a mighty business, considering that in all probability we shall be able to undersell the linen cloths of Holland and France at least twenty in the hundred.

My humble advice in the conclusion for the increase of trade was, that his Majesty should not suffer any act of hostility to be offered to any merchants or their goods within the Channel, which was to be preserved and privileged, as the greatest of his Majesty's ports, in the same nature and property as the Venetian State do their Gulf, and the King of Denmark his Sound, and therefore I humbly besought his Majesty and their lordships that it might accordingly be remembered and provided for in all future treaties with foreign princes.

Upon the summing up of all which, I did represent that Kingdom to his Majesty and the lords as a growing people that would increase beyond all expectation if it were now a little favoured in this their first spring, and not discouraged by harder usage than either English or Scotch found. The instances I gave were the imposition upon coals, wherein the Irish were not treated as English, but as foreigners, by imposing four shillings upon a tun, which was full as much as either French or Dutch paid; next, that excessive rate set upon a horse or mare to be transported forth of this Kingdom, so as I did not know how the army should be provided for the King's service, there not being in that Kingdom of their own breed to furnish those occasions; and lastly eighteenpence set upon every live beast that comes thence, all which will be a great discouragement for any to transplant themselves and children into a country where they shall presently be dealt withal as aliens, be denied the favours and the graces afforded to other subjects, and utterly quell and cut off any increase of trade by nipping it and overburdening it thus in the bud.

22. REVOCATION OF COMMISSIONS, PATENTS AND MONOPOLIES GRANTED BY THE CROWN [Soc. Ant. Proc. Coll.,[315] April 15, 1639].

Whereas divers grants, licenses, privileges, and commissions have been procured from his Majesty,.., which since upon experience hath been found prejudicial and inconvenient to his people, contrary to his Majesty's gracious intention in granting the same; And whereas also upon like suggestions, there hath been obtained from his Majesty, the lords and others of his Privy Council, divers warrants and letters of assistance for the execution of those grants, licenses, privileges, and commissions according to his Majesty's good intention and meaning therein.

Forasmuch as his most excellent Majesty (whose royal ear and providence is ever intent on the public good of his people) doth now discern that the particular grants, licenses, and commissions hereafter expressed, have been found in consequence far from those grounds and reasons wherefore they were founded, and in their execution have been notoriously abused, he is now pleased of his mere grace and favour to all his loving subjects (with the advice of his Privy Council) by his regal power to publish and declare the several commissions and licenses hereafter following, whether the same have passed his great seal, privy seal, signet, and sign manual, or any of them, to be from hence utterly void, revoked, and hereby determined.

That is to say:--

A commission for cottages and inmates touching scrivenors and brokers.

A commission for compounding with offenders touching tobacco.

A commission for compounding with offenders touching butter.

A commission for compounding with offenders touching logwood.

A commission for compounding with sheriffs for selling under-sheriffs' places.

A commission for compounding with offenders for destruction of woods for iron-works.

A commission for concealments and encroachments within 20 miles of London.

A license to transport sheep and lambskins.

A commission to take men bound to dress no venison, pheasants, or partridges in inns, alehouses, ordinaries, and taverns.

A commission touching licensing of wine-casks.

A commission for licensing of brewers.

A license for sole transporting of lamperns[316] and all proclamations, warrants, or letters of assistance for putting in execution of the said commissions or licenses be from henceforth declared void, determined, and hereby revoked to all intents and purposes.

And his Majesty in like favour and ease to his subjects is further pleased to declare his royal will and pleasure to be, that the particular grants hereafter mentioned (upon feigned suggestions, obtained from him, to public damages) whereby the same have passed his Majesty's great seal, privy seal, signet, or sign manual or any of them, shall not hereafter be put in execution, viz.:

A grant for weighing of hay and straw in London and Westminster and 3 miles compass.

An office of register to the commission for bankrupts in divers counties of the realm.

An office or grant for gauging of red herrings.

An office or grant for the marking of iron made within the realm.

An office or grant for sealing of bone lace.

A grant for making and gauging of butter casks.

A grant of privilege touching kelp and seaweed.

A grant for sealing of linen cloth.

A grant for gathering of rags.

An office or grant of factor for Scottish merchants.

An office or grant for searching and sealing of foreign hops.

A grant for sealing of buttons.

All grants of fines, penalties, and forfeitures before judgment granted, or mentioned to be granted, by letters patents, privy seals, signet, sign manual, or otherwise.

All patents for new inventions not put in practice within 3 years next after the date of the said grants.

And the several grants of incorporation made unto--

Hatband-makers. Gutstring-makers. Spectacle-makers. Comb-makers. Tobacco-pipe-makers. Butchers and Horners.

And his Majesty doth further require and command that there shall be a proceeding against the said patentees by quo warranto or scire facias to recall the said grants and patents, unless they will voluntarily surrender and yield up the same: and also all proclamations, warrants, or letters of assistance obtained from his Majesty or the lords and others of his Privy Council for execution thereof, from henceforth utterly to cease and be determined, and are hereby absolutely revoked and recalled.

And his Majesty doth further expressly charge and command all and singular the patentees, grantees, or others any ways interested or claiming under the aforenamed grants, licenses, or commissions, or any of them and their deputies, that they or any of them do not at any time hereafter presume to put in use or execution any of the said grants, commissions, or licenses, or any thing therein contained, or any proclamations, warrants, or letters of assistance obtained in that behalf, upon pain of his Majesty's indignation, and to be proceeded against as contemners of his Majesty's royal commands, whereof he will require a strict account. Given at our Manor of York the 9th of April in the 15th year of our reign, 1639.

[Footnote 315: Quoted, W.H. Price, English Patents of Monopoly, Appendix B.]

[Footnote 316: i.e. lampreys.]

23. ORDINANCE ESTABLISHING AN EXCISE [Firth and Rait, Acts and Ordinances of the Interregnum, Vol. I, pp. 202-14], 1643.

An ordinance for the speedy raising and levying of monies, set by way of charge or new impost, on the several commodities mentioned in the schedule hereunto annexed; as well for the securing of trade as for the maintenance of the forces raised for the defence of the King and Parliament, both by sea and land, as for and towards the payments of the debts of the commonwealth, for which the public faith is, or shall be, given.

The Lords and Commons now assembled in Parliament, taking into their serious consideration the great danger that this kingdom lyeth under, through the implacable malice and treachery of Papists and other wicked persons; ... And forasmuch as many great levies have been already made ... which the well-affected party to the Protestant religion have hitherto willingly paid, to their great charge, and the malignants of this kingdom have hitherto practised by all cunning ways and means how to evade and elude the payment of any part thereof; By reason whereof the Lords and Commons do hold it fit that some constant and equal way for the levying of monies for the future maintenance of the Parliament forces ... may be ... established, whereby the said malignants and neutrals may be brought to and compelled to pay their proportionable parts of the aforesaid charge....

I. Be it therefore ordered, ordained and declared by the said Lords and Commons, that the several rates and charges in a schedule hereunto annexed and contained shall be set and laid ... upon all and every the commodities in the said schedule particularly expressed....

II. Be it further ordained ... that ... an office ... shall be ... erected ... in the City of London, called ... by the name of the Office of Excise or New Impost, whereof there shall be eight Commissioners to govern the same....

V. That the like office and so many of such officers shall be ... erected ... in all the counties of the realm of England, dominion of Wales, and town of Berwick, and all other the cities ... as the said eight Commissioners ... think fit to nominate....

VII. That the said office in all places where it shall be placed shall be kept open in the week days from eight ... till eleven, and from two till five ..., for the entering and registering the names and surnames, as well of the sellers, buyers and makers of all and every the commodities in the said schedule mentioned, and of the several qualities thereof, as for the receiving of all monies as shall be due upon the sale....

XI. That if any of the sellers of the said commodities shall refuse or neglect to make a true entry of the said commodities ... that then he or they ... shall forfeit to the use of the commonwealth four times the true value of the goods and commodities so by him or them neglected to be entered or delivered....

XV. That this ordinance shall begin to take place and effect from the 25th of July, 1643, and from thence to continue only for three years then next ensuing, unless both Houses of Parliament, during that time, shall declare that it shall continue for any longer time....

In this schedule is contained the charge and excise which ... is set and imposed, to be paid on the several commodities hereafter mentioned.

[Here follows schedule of rates and commodities.]

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