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 shall be from and after the last day of September next ensuing repealed....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,