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,