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_,