Book D
, f. 189_], 1316.[201]
On the Saturday next before the Feast of the Invention of the Holy Cross,[202] in the 9th year of the reign of King Edward, son of King Edward, Richard de Lughteburghe was attached to make answer as to a certain false wastel[203] loaf of his. And the same Richard said that he was not a baker, and that he did not have that wastel bread baked; but that, as a regrator, he bought it of a certain baker who lives in Southwark. And upon this he was charged by the Mayor and Aldermen with being in partnership with the baker aforesaid, in baking such bread, and sharing with him in the gain thereby, or loss, if such should happen: whereupon, being asked how he would acquit himself thereof, he said that he was not the partner of the said baker, nor had he any share with him; and he put himself upon the country as to the same. Therefore the country was summoned for the Tuesday next ensuing, and he was delivered into the custody of the sheriffs, etc.
On which day the said Richard came, and the jury came by John de Estwode and others in the panel named. Which jurors said upon their oath, that the aforesaid Richard is a partner of the said baker for gain in baking the bread aforesaid. Therefore it was adjudged that he should have the punishment of the hurdle. And he was so punished now for the first time, because his loaf was wanting to the amount of 2s. _9d._ in the proper weight of half a mark for the halfpenny wastel loaf.
Also Alan de Lyndeseye, baker, was sentenced to the pillory, because he had been convicted of baking _pain demaign_ that was found to be of bad dough within, and good dough without. And because such falsity redounds much to the deception of the people who buy such bread, he was committed for punishment, etc.
[Footnote 201: Printed in Riley, Memorials, 119.]
[Footnote 202: May 1.]
[Footnote 203: Medium quality.]
4. INQUISITION TOUCHING A PROPOSED MARKET AND FAIR [_Inquisitions ad quod damnum_, 1, 21], 1252.
Henry by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine and Count of Anjou, to his mayor and bailiffs of Bristol, greeting. We command you that by the oath of good and lawful men of your town, by whom the truth of the matter may the better be known, you make diligent enquiry if it would be to the nuisance of the town aforesaid if we should grant to our beloved abbot of Pershore that he have a market at his manor of Hawksbury on Monday and a fair there at the feast of St. Matthew in Autumn[204]; and if it be to your nuisance, to what extent; and that without delay you send to us the inquisition made thereon under your seal and the seals of those by whom it shall be made, and this writ. Witness myself at Westminster, 26 February in the 36th year of our reign.
Inquisition made by command of the lord the King by the mayor and bailiffs of Bristol, if it would be to the nuisance of the town of Bristol if there were a market on Monday at the manor of Hawksbury which E. abbot of Pershore holds, and if there were a fair there at the feast of St. Matthew in Autumn, by William de Feria, clerk,[205] ... Who say by their oath that it would not be to the nuisance of the town of Bristol in any wise if there were a market on the aforesaid Monday at the said manor of Hawksbury, and a fair there on the aforesaid feast of St. Matthew in Autumn.[206]
[Footnote 204: September 21.]
[Footnote 205: And eleven others named.]
[Footnote 206: The abbot is granted the market and a fair on the eve, day and morrow of the Decollation of St. John the Baptist (August 28-30) by charter dated November 24, 1252 [_Charter Roll, 37 Henry III, m. 19_].]
5. GRANT OF A FAIR AT ST. IVES TO THE ABBEY OF RAMSEY[_Cart. Rams., f._ 191 _b._], 1202.
John by the grace of God King of England, etc., greeting. Know ye that we, for our salvation and for the souls of our ancestors and successors, have granted and by our present charter have confirmed to God and the church of St. Mary and St. Benedict of Ramsey, and to the abbot and monks there serving God, a fair at St. Ives, to begin on the fourth day before the feast of St. Laurence and to endure for eight days[207]; to have and to hold for ever, so nevertheless that it be not to the nuisance of neighbouring fairs.
Wherefore we will and straitly command that the aforesaid abbot and monks have and hold the aforesaid fair well and in peace, freely and quietly, entirely, fully and honourably, with all liberties and free customs to such fair pertaining. Witnesses:--Robert earl of Leicester, William earl of Arundel, and others.
Given by the hand of Simon, archdeacon of Wells, at Harcourt on the seventh day of June in the fourth year of our reign.
[Footnote 207: August 6-13.]
6. GRANT OF A MARKET AT ST. IVES TO THE ABBEY OF RAMSEY[_Cart. Rams., f._ 191 _b._], 1293.
Edward by the grace of God King of England, lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers and all his bailiffs and faithful, greeting. Know ye that we have granted and by this our charter confirmed to our beloved in Christ, the abbot and convent of Ramsey, that they and their successors for ever have a market every week on Monday at their manor of St. Ives in the county of Huntingdon, unless that market be to the nuisance of neighbouring markets. Wherefore we will and straitly command, for us and our heirs, that the aforesaid abbot and convent and their successors for ever have the aforesaid market at their manor aforesaid with all the liberties and free customs to such market pertaining, unless that market be to the nuisance of neighbouring markets, as is aforesaid. These witnesses:--the venerable fathers John, of Winchester, Anthony, of Durham, William, of Ely, bishops, William de Valencia, our uncle, Roger le Bygod, earl of Norfolk and marshal of England, John de Warenna, earl of Surrey, Henry de Lascy, earl of Lincoln, William de Bello Campo, earl of Warwick, Robert de Tybetot, Gilbert de Thornton, John de Metingham, Robert de Hertford, Robert Malet, and others. Given by our hand at Westminster on the fourteenth day of May in the twenty-first year of our reign.
7. PROCEEDINGS IN THE COURT AT THE FAIR OF ST. IVES [_Court Roll, 178, 93, m. 1d._], 1288.[208]
Court on Saturday [24 April, 1288].
John son of John of Eltisley makes plaint of Roger the Barber that he has unjustly broken a covenant with him, because, whereas the same John was in the town of Ramsey on Monday next after the Epiphany of the Lord last past, a year ago, in the house of Thomas Buk, the said Roger came there and undertook to cure his head of baldness for _9d._, which he paid in hand. On Tuesday the aforesaid Roger put him in plaster, and on Wednesday likewise, and afterwards withdrew from the town, so that from that day to this he would have nothing to do with the matter, to John's damage of 1/2 mark; and he produces suit. The aforesaid Roger, being present, denied [tort and force] and put himself on his law, and in finding pledges of his law withdrew from the bar without licence. Therefore the aforesaid John craved judgment on him as on a man convicted. Wherefore it is awarded that the said Roger satisfy him of the _9d._ principal, and of his damages, which are pardoned him; and that for the trespass he be in mercy, _6d._ Pledge,----
[Footnote 208: Printed in Selden Society Publications, Vol. 23, p. 35.]
8. THE STATUTE OF WINCHESTER, _cc._ 4, 5 [_Statute Roll, 1, m. 41_], 1285.
And for the greater security of the country the King has commanded that in the great towns, which are enclosed, the gates be shut from sunset until sunrise; and that no man lodge in the suburbs, or in any foreign part of the town save only in the daytime, nor yet in the daytime, if the host will not answer for him; and that the bailiffs of towns every week, or at the least every fortnight, make enquiry as to all persons lodging in the suburbs, and in foreign parts of the towns; and if they find any who receives or lodges in any manner persons who may be suspected of being against the peace, the bailiffs shall do right therein. And it is commanded that from henceforth watches be kept, as has been used in times past, that is to say, from the day of the Ascension to the day of St. Michael, in every city by six men at every gate; in every borough by twelve men; in every town by six men or four, according to the number of the inhabitants who dwell [in the town], and that they keep watch continually all night, from sunset to sunrise. And if any stranger pass by them, he shall be arrested until morning; and if no suspicion be found, he shall go quit; and if they find cause of suspicion, he shall be delivered to the sheriff forthwith, and he shall receive him without danger, and keep him safely, until he be delivered in due manner. And if they will not suffer themselves to be arrested, hue and cry shall be levied against them, and those who keep watch shall follow with all the town, with the towns near, with hue and cry from town to town, until they be taken and delivered to the sheriff, as before is said; and for the arrest of such strangers none shall be called in question.
And further, it is commanded, that highways from one market town to another be enlarged, where there are woods, hedges, or ditches, so that there be neither ditches, underwood, nor bushes wherein a man may lurk to do hurt, near the road, within two hundred feet on the one side, and two hundred feet on the other side, provided that this statute extend not to oaks, or to great woods, so as it be clear underneath. And if by default of the lord who will not abate the ditch, underwood, or bushes in the manner aforesaid, any robberies be done, that the lord be answerable therefor; and if murder be done, that the lord make fine at the King's pleasure. And if the lord be not able to clear away the underwood, that the country aid him in doing it. And the King wills, that in his demesne lands and woods, within his forest and without, the roads be enlarged as aforesaid.
And if, perchance, a park be near the highway, it is requisite that the lord of the park diminish his park, so that there be a space of two hundred feet from the highway, as before said, or that he make such a wall, ditch, or hedge, that evil doers will not be able to pass or return, to do evil.
9. THE RECOVERY OF DEBT ON A RECOGNISANCE [_Chancery Files_, 415], 1293.
To the reverend and discreet and their dearest lord, J. de Langton, chancellor of the illustrious King of England, Robert le Venur, guardian of the city of Lincoln, and Adam son of Martin of the same city, clerk, deputed to receive recognisances of debts, greeting. With all reverence and honour we make known to your reverend discretion by these presents that Simon le Sage of Scarborough and William Kempe of the same town, of the county of York, and each of them for the whole sum, acknowledged before us that they owe to William le Noyr of Lincoln 28s. sterling to be paid to him or his attorney at the feast of St. Michael in the twenty-first year of the reign of King Edward, according to the form of the statute of the said lord the King published at Westminster. And because the aforesaid Simon and William have not kept the term of their payment at all, we beseech your reverend discretion humbly and devoutly, that you will order a writ to be sent to the sheriff of York to compel the same Simon and William to pay the said money according to the form of the statute aforesaid. May your reverend discretion prosper long and well. Given at Lincoln on Friday next after the feast of St. Martin in the year aforesaid.[209]
[Footnote 209: This procedure was first authorised by the Statute of Acton Burnel (1283), the main provisions of which run as follows:
"Forasmuch as merchants, who before these times have lent their goods to divers folk, are fallen into poverty, because there was no speedy law provided whereby they could readily recover their debts at the day fixed for payment, and for that reason many merchants have ceased to come to this land with their merchandise to the damage of the merchants and of the whole realm: the King, by himself and his council ... has ordained and established that the merchant who will be sure of his debt cause his debtor to come before the mayor ... and ... to acknowledge the debt and the day of payment, and that the recognisance be enrolled.... And if the debtor pay not at the day fixed for him ... the mayor ... shall forthwith cause the moveables of the debtor to be sold to the amount of the debt ... and the money to be paid without delay to the creditors.... And if the debtor have no moveables in the power of the mayor from which the debt can be levied, but have the same elsewhere in the realm, then the mayor shall send to the Chancellor ... the recognisance made before him ... and the Chancellor shall send a writ to the sheriff in whose bailiwick the debtor shall have moveables, and the sheriff shall cause satisfaction to be made to the creditor.... And if the debtor have no moveables wherefrom the debt can be levied, then his body shall be taken, wheresoever he be found, and kept in prison until he have made satisfaction, or his friends for him."
Two years later (1285) the Statute for Merchants strengthened the creditor's security by providing that imprisonment should immediately follow non-payment of the debt.]
10. PROCEDURE AT A FAIR PURSUANT TO THE STATUTE FOR MERCHANTS [_Court Rolls, 178, 96, m. 4_], 1287.[210]
Pleas in the Fair of St. Ives, 15 Edward I, in the first year of John, lord Abbot, before William of Stow.
At the command of the lord the King, according to the tenour of the letter attached to the present roll, the community of London with the other communities at the fair of St. Ives was summoned to hear the order of the lord the King according to the new form of this statute touching merchants frequenting English fairs, and before them the aforesaid letter was read. And afterwards by the community of the citizens of London there were elected two of the more discreet and trusty men of the same city, to wit, Richard Poyntel and William of Paris, to whom in full court was delivered one of the two seals sent to the keepers of the fair, enclosed under the seal of the lord the King and opened in the presence of the said merchants; and the other seal was delivered in the same court to one Henry of Leicester, clerk and attorney of Sir John de Bauquell, to whom the lord the King committed the merchants' seal, as appears in the letter attached to the present roll:----
Edward by the grace of God King of England, lord of Ireland and duke of Aquitaine, to the keepers of the fair of St. Ives, greeting. Whereas our beloved clerk, John de Bauquell, citizen of London,--to whom we have committed the merchants' seal to be kept, and the office thereof, according to the form of the statute provided hereon by our council, to be executed by him or others fit herefor, whom he shall be pleased to depute hereto, in fairs within our realm during our pleasure,--has deputed Henry of Leicester, clerk, under him in our presence to execute the aforesaid office in his place in the fairs aforesaid: We command you to admit hereto for this turn the aforesaid Henry in place of the aforesaid John: We command you also, that by assent of the community of merchants coming to the same fair you cause to be chosen two lawful merchants of the city of London, who, after taking oath, shall receive recognisances according to the form of our aforesaid statute, after the aforesaid seal, which we are sending to you in a box under our seal, has been opened in their presence, and one piece thereof delivered to the same merchants and the other piece to the aforesaid clerk. Witness Edmund, earl of Cornwall, our kinsman, at Westminster on 22 April in the fifteenth year of our reign.[211]
[Footnote 210: Printed in Selden Society Publications, Vol. 23, p. 19]
[Footnote 211: The clause of the Statute (1285) relating to fairs runs as follows: "And a seal shall be provided to serve for fairs, and the same seal shall be sent to each fair under the seal of the King by a clerk sworn; and by the keeper of the fair and by the community of the merchants there shall be elected two lawful merchants of the city of London, who shall take oath, and the seal shall be opened before them, and the one piece shall be delivered to the aforesaid merchants, and the other shall remain with the clerk, and before them or one of the merchants, if both cannot be present, the recognisances shall be made."]
11. THE AULNAGE OF CLOTH [_Court Roll, 178, 97, m. 2d._], 1291.[212] Court on Monday [14 May, 1291].
Hamo of Bury St. Edmunds brought a letter patent of Sir Roger de Lisle, clerk of the Great Wardrobe, attached to this roll, ordering that he be admitted by the keepers of the fair of St. Ives to measure woollen cloths made in England, linen and canvas. And because the charter of the lord the King touching the fair orders that no bailiff or minister of the lord the King in any wise interfere with the fair aforesaid or its appurtenances, whereby the Abbot and Convent of Ramsey and their bailiffs should be prevented from having administration of all things pertaining to that fair as well within the town as without for ever, answer was made to the same Hamo by the steward that he would in no wise admit him to execute such office, which would be to the disherison and prejudice of the church of Ramsey and contrary to the liberty specified in the fair-charter, unless Hamo would come into the court and yield up his letter patent into the hands of the steward. To which court he came and of his free will delivered up the aforesaid letter and afterwards craved special grace; and at the instance of the merchants, his letter patent having been abandoned and annulled, he is admitted for the present.
[Footnote 212: St. Ives fair court. Printed in Selden Society Publications, Vol. 23, p. 42. This incident illustrates the difficulties of the central administration in dealing with local franchises.]
12. THE ORDINANCE OF LABOURERS [_Close Roll, 23 Edward III, p. 1, m. 8d._], 1349.[213]
The King to the sheriff of Kent, greeting. Because a great part of the people and specially of the workmen and servants has now died in this plague, some, seeing the necessity of lords and the scarcity of servants, will not serve unless they receive excessive wages, and others preferring to beg in idleness rather than to seek their livelihood by labour: we, weighing the grave disadvantages which might arise from the dearth specially of tillers and workmen, have had deliberation and treaty hereon with the prelates and nobles and other learned men in session with us, by whose unanimous counsel we have thought fit to ordain that every man and woman of our realm of England, of whatsoever condition, free or servile, able-bodied and under the age of sixty years, not living by trade nor exercising a certain craft, nor having of his own whereof he shall be able to live, or land of his own, in the tilling whereof he shall be able to occupy himself, and not serving another man, shall be bound to serve him who shall require him, if he be required to serve in a suitable service, regard being had to his rank, and shall receive only the wages, liveries, hire or salaries which used to be offered in the places where he should serve in the twentieth year of our reign of England, or in the five or six common years last preceding; provided that lords be preferred to others in the bondmen or tenants of their lands so to be retained in their service; so however that such lords so retain as many as shall be necessary and not more; and if such a man or woman, so required to serve, refuse so to do, the same being proved by two trusty men before the sheriff, bailiff, lord, or constable of the town where this shall come to pass, he shall be taken forthwith by them or any of them and sent to the nearest gaol, there to stay in strait keeping until he find security to serve in the form aforesaid.
And if a reaper, mower or other workman or servant, of whatsoever rank or condition he be, retained in the service of any man, withdraw from the said service without reasonable cause or licence before the end of the term agreed upon, he shall undergo the penalty of imprisonment, and none, under the same penalty, shall presume to receive or retain such an one in his service.
Furthermore no man shall pay or promise to pay to any man more wages, liveries, hire or salaries than is accustomed, as is aforesaid, nor shall any man in any wise demand or receive the same, under penalty of the double of that which shall be so paid, promised, demanded or received, to go to him who shall feel himself aggrieved hereby; and if none such will prosecute, it shall go to any one of the people who shall prosecute; and such prosecution shall be made in the court of the lord of the place where such a case shall befal; and if the lords of towns or manors shall presume in any wise to contravene our present ordinance, by themselves or their ministers, then prosecution shall be made against them in the form aforesaid in counties, wapentakes and ridings, or other such courts of ours, at a penalty of threefold of that so paid or promised by them or their ministers; and if by chance any one shall have covenanted with any man so to serve for a greater salary before the present ordinance, the latter shall in no wise be bound by reason of the said covenant to pay to such a man more than has been customary at other times; nay, rather, he shall not presume to pay more under the penalty aforesaid.
Moreover saddlers, skinners, tawyers, shoemakers, tailors, smiths, carpenters, masons, tilers, boatmen, carters and other artificers and workmen whosoever shall not take for their labour and craft more than used to be paid to such in the twentieth year and other common years preceding in the places in which they chance to be employed, as is aforesaid; and if any shall receive more, he shall be committed to the nearest gaol in the manner aforesaid.
Moreover butchers, fishermen, hostlers, brewers, bakers, poulterers and all other sellers of victuals whatsoever shall be bound to sell such victuals for a reasonable price, regard being had to the price at which such victuals are sold in the neighbouring places; so that such sellers have a moderate profit and not excessive, as shall be reasonably required by the distance of the places wherefrom such victuals are carried; and if any man sell such victuals otherwise and be convicted thereof in the form aforesaid, he shall pay the double of that which he shall receive to him that suffered loss, or, for lack of such, to him who will prosecute in this behalf; and the mayor and bailiffs of cities and boroughs, market and other towns, and ports and places by the sea, shall have power to enquire of all and singular who in any wise transgress against this ordinance, at the penalty aforesaid to be levied to the use of those at whose suit such transgressors shall be convicted: and in case the same mayor and bailiffs shall neglect to execute the premises and shall be convicted hereof before the justices appointed by us, then the same mayor and bailiffs shall be compelled by the same justices to pay to such as suffered loss, or, for lack of him, to any other prosecuting, threefold the value of the thing so sold, and none the less shall incur grievous punishment at our hands.
And because many sturdy beggars, so long as they can live by begging for alms, refuse to labour, living in idleness and sin and sometimes by thefts and other crimes, no man, under the aforesaid penalty of imprisonment, shall presume under colour of pity or alms to give anything to such as shall be able profitably to labour, or to cherish them in their sloth, that so they may be compelled to labour for the necessaries of life.
We order you, straitly enjoining upon you, that you cause all and singular the premises to be publicly proclaimed and kept in the cities, boroughs and market towns, seaports and other places in your bailiwick where you deem expedient, as well within liberties as without, and due execution to be made thereof, as is aforesaid; and that in no wise you omit this, as you love us and the common utility of our realm and will save yourself harmless. Witness the King at Westminster, the eighteenth day of June. By the King himself and the whole council.
The like writs are directed to the several sheriffs throughout England.
The King to the venerable father in Christ, W. by the same grace bishop of Winchester, greeting. Because a great part of the people, etc., as above, as far as "to labour for the necessaries of life," and then thus: and therefore we request you that you cause the premises to be proclaimed in the several churches and other places of your diocese where you shall deem expedient; commanding rectors, vicars of such churches, ministers and other your subjects that by salutary warnings they beseech and persuade their parishioners to labour and to keep the ordinances aforesaid, as instant necessity demands; and that you constrain the wage-earning chaplains of your said diocese, who, as is said, refuse in like manner to serve without excessive salary, and compel them, under penalty of suspension and interdict, to serve for the accustomed salary, as is expedient; and that you in no wise omit this as you love us and the common utility of our said realm. Witness as above.
By the King himself and the whole council.
The like letters of request are directed to the several bishops of England and to the guardian of the archbishopric of Canterbury, the see being vacant, under the same date.
[Footnote 213: Printed in Putnam _op. cit., p._ 8*, Appendix.]
13. PRESENTMENTS MADE BEFORE THE JUSTICES OF LABOURERS[214] [_Assize Roll, 267, mm. 1, 8_], 1351. Hundred of Chelmsford.
The twelve [jurors] present that Arnulph le Hierde of Maldon, late servant of John Dodebroke from Michaelmas, 24 Edward III, until Michaelmas next following, 25 Edward III, for one year and for a quarter of a year next following and for the whole of that time, the said Arnulph took a quarter of wheat for twelve weeks and 5s. a year for his stipend. Further, he took from the feast of St. Peter's Chains until Christmas in the same time 10s. beyond that which he took above; and hereupon the said Arnulph withdrew from his service before the end of the term, to the damage of the said John of 40s., against the Statute, etc....
_Trespass._--Further, they present that Robert Grys of Danbury, potter, makes brass pots and sells them at threefold the price which he used [to take], against the Statute, etc., in oppression of the people.
_Trespass._--Further, they say that John Sextayn the younger, tailor, John Banestrat, tailor, Roger atte Tye of Great Baddow, take salaries for their labours from divers folk against the Statute, etc., and this threefold that which they used to take.
_Trespass._--Further, they say that William Denk, servant of Geoffrey le Smyth, took from the said Geoffrey 20s. a year, and is at his table, and was sworn before John de Sutton and his fellows to serve according to the Statute, etc., where he should not take but 8s., etc....
_Trespass._--Further, they present that Richard Smyth of Great Baddow commonly takes for his work double that which he used to take, against the Statute.
_Trespass._--Further, they present that John Plukkerose, William Smyth of Danbury and William Molt, shoemakers, of Great Baddow, make shoes and sell them at almost double the price which they used [to take], against the Statute, etc., in oppression of the people.
_Trespass._--Further, they say that Alan son of Sayer Banstrat of Great Baddow, sawyer, will not serve unless he take for his salary as much as two others take, against the Statute, etc., in oppression of the people....
Grand Inquisition.
_Trespass._--Further, they present that John Galion, vicar of Nazeing, will not minister to any the sacrament of marriage unless he have from each man 5s. or 6s., and in this manner by extortion the said John has taken from John Wakerild 4s. 1Od., from William Gurteber 5s., from John Mabely 9s., and from many others to the sum of 20s., in oppression of the people by tort and against the peace....
_Trespass._--Further, they present that John Hindercle took for stipend from the rector of Parndon for the time of August this year 10s. against the Statute.
Further, they present that John Hindercle, William Pourche, are butchers and forestallers of victuals, against the Statute.
[Footnote 214: Printed in Putnam, _op. cit., p._ 169*, Appendix.]
14. EXCESSIVE PRICES CHARGED BY CRAFTSMEN [_King's Bench, Ancient Indictments, 38, m. 22d._] 1354.
Further they [the jurors] say that dyers, drapers and tanners are dwelling in the town of Ware, where they were not wont to be, but within the borough of Hertford, to the grave damage of the lord the King and the lady Queen Isabel, lady of the same town of Hertford, and of the whole commonalty of the town of Hertford aforesaid, and against the liberty of the aforesaid Queen, and that the same dyers and tanners use their craft in too excessive wise, to wit, the aforesaid dyers take for a cloth sometimes half a mark, sometimes 40d. and sometimes more, where they were wont to take for a cloth 6d. only, and the aforesaid tanners buy oxhides and divers other hides at a low price and refuse to sell them unless they gain on the sale fourfold, to the greatest oppression and damage of the whole people.
15. FINES LEVIED FOR EXCESSIVE WAGES, 25 EDWARD III[_Exch. K.R. Estreats_, 11, 2], 1351.
Layer de la Hay.
From Simon Meller for his excess 40d. From Robert Throstle for the same 6d. From Thomas Poggill for the same 12d. From Roger Bollok for the same 12d. From Geoffrey Edmund for the same 6d. From Richard Tailliour for the same 2s. From Alice Smyth for the same 6d. From John Smart for the same 12d. From Margaret Everard for the same 12d. From Alice Gerlond for the same 12d. From Alice Weper for the same 6d. From Agnes Heyward for the same 12d. From John Crawe for the same 6d. From Christina Bostis for the same 6d. From Richard Cook for the same 12d. From Edmund atte Well for the same 6d. From Walter Bilet for the same 6d. From Geoffrey Sloman for the same 6d.
Sum, 16s. 10d. Proved
16. WRIT TO ENFORCE PAYMENT OF EXCESS OF WAGES TO THE COLLECTORS OF A SUBSIDY [_Close Roll, 24 Edward III, p. l, m. 6d._], 1350.
The King to his beloved and trusty Walter de Mauny and his fellows, our justices appointed to hear and determine divers trespasses and certain other things contained in our commission made to you, in the county of Northampton, greeting. Whereas lately it was ordained by us and our council that servants, as well men as women, should be bound to serve and should receive only the salaries and wages which used to be offered in the places where they ought to serve in the twentieth year of our reign over England or the five or six common years next preceding, and that all and singular such servants, workmen and artificers ... taking more ... be assessed at the whole additional sum which they shall receive ... and the whole additional sum so received be levied and collected from every of them to our use in relief of the singular towns to which the said artificers, servants and workmen belong, and in aid of payment of the sums at which the same towns or the men thereof are assessed for the tenth and fifteenth now current ...: you, nevertheless, ... attempt to cause such excesses of wages, liveries, hires and salaries ... with the fines made before you ... to be enrolled on your rolls and levied to our use, against the intent of that agreement, as by complaint of the people it has been given us to understand: We ... command you to compel all and singular artificers, servants and workmen, as well men as women, of whatsoever condition they be, convicted or hereafter to be convicted before you of such excessive salaries, liveries, hires or stipends whatsoever received by them in the aforesaid county, as well by imprisonment of their bodies as in other lawful manner which shall seem good to you in this behalf, to pay without delay that which they have so received in excess to the subtaxers and subcollectors of the singular towns to which the same artificers, servants and workmen belong, in aid of payment of the tenth and fifteenth aforesaid, according to the agreement abovesaid. Provided that the fines made or to be made therefor, and other things belonging to us therefrom, be converted to our use, as is just.
Witness the King at Westminster, 12 June.
By the council
17. APPLICATION OF FINES FOR EXCESSIVE WAGES TO THE SUBSIDY OF A FIFTEENTH [_Subsidy Roll_, 107, 41.], 1351-2.
Hundred of Winstree.
From the town of East Mersea, 46s. 4-3/4d., from fines of workmen of the same town.
From the towns of West Mersea and Fingringhoe, 4l. 8s. 11-3/4d., from fines of workmen of the same town (_sic_).
From the towns of Peldon and Abberton, 44s. 7-1/2d., from fines of workmen of the same town _(sic_).
From the towns of Wigborough, Great and Little, 62s. 2d., whereof the fifteenth is 12d., the fines of workmen 61s. 2d.
From the town of Layer de la Hay, 32s. 9-3/4d., whereof the fifteenth is 2s. 9-3/4d., the fines of workmen 30s.
From the town of Layer Breton with Salcott, Virley, 46s. 6d. whereof the fifteenth is 16s. 6d., the fines of workmen 30s.
From the town of Layer Marney, 28s. 7-1/4d., whereof the fifteenth is 18s. 7-1/4d., the fines of workmen 10s.; whereof, of the fifteenth, the goods of Robert de Marny[215] in the same town [contribute] 10s.
From the town of Langenhoe, 40s. 1d., from the excess of fines of workmen of the same towns (_sic_).
Sum of this hundred, 19l. 10s. 2d., whereof from the fifteenth [arises] 38s. 11d.. from fines of workmen 17l. 11s. 3d.[216]
[Footnote 215: His lands were for the time being in the King's hand as an escheat.]
[Footnote 216: Note that in half the towns in this hundred the inhabitants' share of the subsidy is wholly covered by the fines. The ordinance and statute were enforced in Essex more severely than elsewhere.]
18. LABOUR LEGISLATION; THE STATUTE OF 12 RICHARD II. [_Statute Roll, 2, mm. 13, 12_], 1388.[217]
_c._ 3. Further it is agreed and assented that all the Statutes of artificers, labourers, servants and victuallers made as well in the time of our lord the King that now is as in the time of his noble grandfather, whom God assoil, not repealed, be straitly holden and kept and duly executed, and that the said artificers, labourers, servants and victuallers be duly judged by the justices of the peace as well at the suit of the King as of the party, according as the said Statutes require; and that the mayors, bailiffs, and stewards of lords and constables of towns duly do their offices touching such artificers, servants, labourers, and victuallers, and that stocks be in every town for the punishment of the same servants and labourers, as is ordained in the Statutes aforesaid. And furthermore it is ordained and assented that no servant or labourer, be it man or woman, depart at the end of his term out of the hundred, rape or wapentake where he is dwelling, to serve or dwell elsewhere, or by colour of going afar on pilgrimage, unless he carry a letter patent containing the cause of his going and the time of his return, if he ought to return, under the King's seal that shall be assigned hereto and delivered into the keeping of some good man of the hundred or hundreds, rape or wapentake, city and borough, who shall keep the same according to the discretion of the justices of the peace, and lawfully make such letters when need be, and in no other wise on his oath, and that around the said seal be written the name of the county and across the said seal the name of the said hundred, rape, wapentake, city or borough; and if any servant or labourer be found in a city, borough or elsewhere, coming from any place, wandering without such letter, he shall be taken forthwith by the said mayors, bailiffs, stewards or constables and put in the stocks and kept until he have found surety to return to his service or to serve or labour in the town from which he comes, until he have such letter for departing with reasonable cause; and be it remembered that a servant or labourer may freely depart from his service at the end of his term and serve elsewhere, so that he be in certainty with whom, and have such letter as above; but it is not the intent of this ordinance that servants who ride or go on the business of their lords or masters be comprehended within this ordinance during the time of the same business; and if any carry such letter which can be found to be forged or false, he shall go to prison for forty days for the falsity, and further until he have found surety to return and serve and labour as aforesaid. And that none receive a servant or labourer going forth from their hundreds, rape, wapentake, city or borough, without letter testimonial or with a letter, for more than one night, unless it be by reason of illness or other reasonable cause, or unless he will and can serve and labour there by the same testimony, on a penalty to be limited by the justices of the peace; and that as well artificers and craftsmen as servants and apprentices, who are not of great account and of whose craft or mistery men have no great need in time of harvest, be forced to serve in harvest at cutting, gathering and bringing in the corn; and that this statute be duly executed by mayors, bailiffs, stewards and constables of towns on a penalty to be limited and adjudged by the said justices of the peace in their sessions, and that none take above 1d. for making, sealing and delivering the said letter.
_c._ 4. And furthermore, because servants and labourers will not and for long time have not been willing to serve and labour without outrageous and excessive hire and much greater than has been given to such servants and labourers in any time past, so that for dearth of the said labourers and servants, husbandmen and tenants of land cannot pay their rents or hardly live on their lands,[218] to the exceeding great damage and loss as well of the lords as of the whole commons; and also because the wages of the said labourers and servants have not been put in certainty before these times; it is agreed and assented that the bailiff for husbandry take 13s. 4d. a year and his clothing once a year at most, the master hind 10s., the carter 10s., the shepherd 10s., the ox-herd 6s. 8d., the cow-herd 6s. 8d., the swineherd 6s., the woman labourer 6s., the dairymaid 6s., the ploughman 7s. at most, and every other labourer and servant according to his degree, and less in the country where less is wont to be given, without clothing, bounty (_curtoisie_) or other reward by covenant.[219] And that no servant of artificers or victuallers within cities, boroughs or other towns take more than the labourers and servants above named according to their estate, without clothing, bounty or other reward by covenant, as is said above. And if any give or take by covenant more than is specified above, at the first time that they shall be attainted thereof they shall pay, as well the givers as the takers, the value of the excess so given or taken, and at the second time of their attainder, double the value of such excess, and at the third time treble the value of such excess; and if the taker so attainted have nothing wherewith to pay the said excess, he shall go to prison for forty days.
_c._ 5. Further it is ordained and assented that he or she who is employed in labouring at the plough and cart or other labour or service of husbandry until they be of the age of 12 years shall remain thenceforward at that labour without being put to a mistery or craft; and if any covenant or bond of apprentice be made henceforth to the contrary it shall be holden for nought.
_c._ 6. Further, it is agreed and assented that no servant of husbandry or labourer or servant of an artificer or victualler carry henceforward baslard, dagger or sword, on pain of forfeiture of the same, except in time of war for defence of the realm, and then by survey of the arrayers for the time being, or when travelling through the country with their masters or on a message of their masters; but such servants and labourers shall have bows and arrows and use them on Sundays and feast days, and entirely forsake games of ball as well hand as foot and the other games called quoits, dice, casting the stone, skittles and other such unsuitable games; and that the sheriffs, mayors, bailiffs and constables have power to arrest and do arrest all the contraveners hereof and the baslards, daggers and swords aforesaid, and to seize and keep the said baslards, daggers and swords until the session of the justices of the peace, and present them before the said justices in their sessions together with the names of those who carried them. And it is not the King's intent that prejudice be done to the franchises of lords touching the forfeitures due to them.
_c._ 7. Further, it is agreed and assented that touching every man who goes begging and is able to serve or labour, it be done with him as with him who departs out of hundreds and other places aforesaid without a letter testimonial, as is said above, excepting people of religion and hermits approved, having letters testimonial of the ordinaries. And that beggars unable to serve remain in the cities and towns where they are dwelling at the time of the proclamation of this Statute; and that if the people of the said cities or towns will not or cannot suffice to find them, the said beggars withdraw to the other towns within the hundred, rape or wapentake, or to the towns where they were born, within forty days after the said proclamation be made, and dwell there continually for their lives. And that with all those who go on pilgrimage as beggars and are able to labour it be done as with the said servants and labourers, if they have not letters testimonial of their pilgrimage under the seals aforesaid. And that the clerks of the Universities who go begging thus have letters testimonial of their chancellor on the same penalty.
_c._ 8. Further, it is ordained and assented that those who feign themselves to be men that have travelled out of the realm and have been there imprisoned carry letters testimonial of the captains where they have dwelt, or of the mayors and bailiffs where they make their landing, and that the same mayors and bailiffs enquire of such folk where they have dwelt and with whom and in what place is their dwelling in England; and that the same mayors and bailiffs make them a letter patent under the seal of their office testifying the day of their landing and where they have been, as they have said; and that the said mayors and bailiffs make them swear to keep their right way to their country, unless they have a letter patent under the King's great seal to do otherwise. And that if any such travelled man be found without such letter, it be done with him as with the servants and labourers aforesaid; and this ordinance shall be applied to travelled men who go begging through the country after their landing.
_c._ 9. Further it is ordained and assented that the aforesaid ordinances of servants and labourers, beggars and vagrants, hold good and be executed as well in cities and boroughs as in other towns and places within the realm, as well within franchise as without. And that the sheriffs, mayors and bailiffs and keepers of gaols shall be bound and charged to receive the said servants, labourers, beggars and vagrants, and to detain them in prison in the form aforesaid, without letting them to mainprise or bail and without taking fee or aught else from them by themselves or by others, as long as they be thus in prison or at their entry in or issue from the same prison, on pain of paying 100s. to the King.
_c._ 10. Further, it is ordained and assented that in every commission of the justices of the peace there be assigned only six justices beside the justices of assize, and that the said six justices hold their sessions in every quarter of the year at least, and this for three days if need be, on pain of being punished according to the advice of the King's council at the suit of every man who will make plaint, and enquire diligently, among other things touching their offices, if the said mayors, bailiffs, stewards and constables and also gaolers have duly made execution of the said ordinances and statutes of servants and labourers, beggars and vagrants, and punish those who are punishable by the said penalty of 100s. on the same penalty, and punish at their discretion those who are found in fault who are not punishable by the said penalty; and that every of the said justices take for his wages 4s. a day for the time of their said sessions, and their clerk 2s. a day, from the fines and amercements arising and forthcoming from the same sessions, by the hands of the sheriffs; and that the lords of franchises be contributors to the said wages according to the proportion of their part of the fines and amercements aforesaid; and that no steward of a lord be assigned in any of the said commissions, and that no association be made to the said justices of the peace[220] after their first commission. And it is not the intent of this statute that the justices of the one Bench and of the other and the serjeants at law, in case they be named in the said commissions, be bound by force of this statute to hold the said sessions four times a year as are the other commissioners, who are continually dwelling in the country, but that they do it when they can well attend hereto.
[Footnote 217: This statute is perhaps the most important of all the enactments relating to labourers between the Black Death and the reign of Elizabeth. It distinguishes between the impotent poor and the able-bodied vagabonds, and, besides establishing Quarter sessions, and fixing maximum wages, is the basis of all subsequent Vagrancy and Poor Law legislation. For printed text see Statutes of the Realm, Vol II., 56-59.]
[Footnote 218: It is the small man, as well as the great lord, who is injured by the wage-labourers' demands.]
[Footnote 219: Compare the wages here allowed with those set out below, No. 19.]
[Footnote 220: _i.e._ No additions made to the commission.]
19. LABOUR LEGISLATION; A BILL IN PARLIAMENT, 23 HENRY VI [_Rot. Parl. 23 Henry VI, m. 4, No. 19_], 1444-5.
Prayen the Commons of this present Parliament that where the common people of this realm is greatly annoyed because of sudden departing of servants of husbandry from their masters at the end of their terms without due warning made unto their said masters, where if such warning were had they might be purveyed of other servants against the end of their term, and also because that justices of peace many times by favour, prayer or commandment, set so little and so easy fines upon such as be convict before them, that many dread not the execution of the law but greatly are emboldened to offend:
That it like the King our Sovereign Lord to ordain by authority of this present Parliament that every servant of husbandry purposing to depart from his master at the end of his term, at the middle of his term or else before make covenant with another man to serve him for the next year, if he be in such case as the law will compel him to serve, the same covenant to be made in the presence of the constables of the towns where such servants at that time be in service; and that the said servant and he that shall so make covenant with him, in presence of the said constables, at the middle of the said term or before, warn the master of the said servant of the said covenant so newly made, so that the same master may purvey him another servant against the end of his term; and if any covenant with any such servant be made in other wise, or that such warning in manner and form abovesaid be not had, the same covenant be void, and the said servant be compelled to serve his former master still for the next year, but if[221] any lawful and reasonable cause being of later time shall require the contrary; also that the salaries and wages of servants, labourers and artificers, exceed not the assessing that followeth, that is to say, the salary of a bailiff of husbandry by year 23s. 4d. and clothing price of 5s. with meat and drink; of a chief hind, a carter, a chief shepherd, 20s. and clothing price of 4s. with meat and drink; a common servant of husbandry 15s. and clothing price of 40d.; a woman servant 10s. and clothing price of 4s. with meat and drink; a child within age of 14 years 6s. and clothing price of 3s. with meat and drink; the same form be observed of salaries of servants with hostlers, victuallers and artificers in cities, boroughs, and elsewhere being, and such as less deserve, less to take, and also in places where less is used to be given, less to be given hereafter. And that from the feast of Easter unto Michaelmas the wages of any freemason or master carpenter exceed not by the day 4d. with meat and drink, and without meat and drink 5-1/2d.; a master tiler or slater, rough mason and mean carpenter and other artificers concerning building, by the day 3d. with meat and drink, and without meat and drink 4-1/2d.; and every other labourer by the day 2d. with meat and drink, and without meat and drink 3-1/2d. And from the feast of Michaelmas unto Easter a freemason and a master carpenter by the day 3d. with meat and drink, and without meat and drink 4-1/2d.; tiler, mean carpenter, rough mason and other artificers aforesaid, by the day 2-1/2d. with meat and drink, and without meat and drink 4d.; and every other workman and labourer by the day 1-1/2d. with meat and drink, and without meat and drink 3d.; and who that less deserves, to take less; provided that the said assessing extend not to labourers in time of harvest about harvest labour, in which the wages of a mower exceed not by the day 4d. with meat and drink, and without meat and drink 6d.; a man reaper or carter 3d. by the day with meat and drink, and without meat and drink 5d.; a woman labourer and other labourers in harvest by the day 2-1/2d. with meat and drink, and without meat and drink 4-1/2d.; and such as are worth less, less to take, and in places where less is used to be taken, less be taken hereafter; and that no artificer, workman or labourer take anything for any holiday nor for no workday, except after the rate of the time of the day in which he labours; and if any person refuse to serve or labour according to the premises, that every justice of the peace in their shires have power at every time to call them to examination thereof, and such as they find defective to commit to prison, there to abide till they have found surety sufficient to serve and labour in form by law required; and if any servant, artificer, workman or labourer, do contrary to the premises or deny his service, occupation or labour, by reason of no giving wages or salaries contrary to this statute, that he lose to the party that will sue in this part 20s.; and that the givers of excessive salaries or wages run in the same pain ...
Further, that the justices of peace assess no fine upon any that shall be convict before them of things done against any Statute of Labourers or Artificers or by that cause shall put him in the King's grace, beneath 3s. 4d. ...[222]
[Footnote 221: _i.e._ Unless.]
[Footnote 222: This bill became a Statute (_Stat._ 23 _Henry VI. c._ 12).]
20. ORGANISATION OF THE STAPLE[223] [_Patent Roll_,6 _Edward II, p._ 2, _m._ 5], 1313.
The King to all to whom, etc., greeting. Know ye that whereas before these times divers damages and grievances in many ways have befallen the merchants of our realm, not without damage to our progenitors, sometime Kings of England, and to us, because merchants, as well denizen as alien, buying wools and woolfells within the realm aforesaid and our power, have gone at their pleasure with the same wools and fells, to sell them, to divers places within the lands of Brabant, Flanders and Artois: We, wishing to prevent such damages and grievances and to provide as well as we may for the advantage of us and our merchants of the realm aforesaid, do will and by our council ordain, to endure for ever, that merchants denizen and alien, buying such wools and fells within the realm and power aforesaid and wishing to take the same to the aforesaid lands to sell there, shall take those wools and fells or cause them to be taken to a fixed staple to be ordained and assigned within any of the same lands by the mayor and community of the said merchants of our realm, and to be changed as and when they shall deem expedient, and not to other places in those lands in any wise: granting to the said mayor and merchants of our realm aforesaid, for us and our heirs, that the mayor and council of the same merchants for the time being may impose upon all merchants, denizen and alien, who shall contravene the said ordinance and shall be reasonably convicted thereof by the aforesaid mayor and council of the said merchants, certain money penalties for those offences, and that such money penalties, whereof we or our ministers shall be informed by the aforesaid mayor, shall be levied to our use from the goods and wares of merchants so offending, wheresoever they shall be found within the realm and power aforesaid, by our ministers, according to the information aforesaid and the assessment thereof to be made by the mayor himself, saving always to the said mayor and merchants that of themselves they may reasonably chastise and punish offending merchants, if their goods and wares chance to be found in the staple aforesaid outside our realm and power aforesaid, without interference or hindrance on the part of us or our heirs or our ministers whomsoever, as they have hitherto been wont to do. In witness whereof etc. Witness the King at Canterbury, 20 May.
By the King himself.
[Footnote 223: This document, afterwards referred to as the Staplers' charter (_cf Patent Roll_, _13 Edward II, m. 19 d_), contains the earliest reference in the English records to an organised body of wool merchants with a mayor and council; it is clear from the last words of the ordinance that both Staple and Staplers were older than the royal interest in them.]
21. ARGUMENTS FOR THE ESTABLISHMENT OF HOME STAPLE TOWNS [_Exch. K.R. Accounts_, 457, 32.], 1319.
London. Whereas our lord the King by his writ has signified to us that in particular in his Parliament last holden at York debate was raised touching the establishment of certain places within his realm whereat sales and purchases of wools should be made and not elsewhere; which business (which should turn to the profit of our said lord and of the people of his realm) and also the fixing of the places most convenient herefor, through certain disturbances,[224] remained undetermined; and signified also that divers moneys counterfeiting the coin of our said lord are brought by foreign people into his realm to the subversion of his money and to the prejudice of our said lord; whereon our lord the King wishes to have our advice and counsel; we do him to wit that in full treaty and discussion with divers merchants, citizens and burgesses of the realm, we have agreed, if it please our lord the King, that there be two places established for the said sales and purchases, namely, one on this side Trent, and another beyond, which places should fulfil the conditions below-written, that is to say, the places should be strong, well situated and secure for the repair of foreign merchants and the safety of their persons and their goods, and there should be ready access for all manner of merchandise, an exchange good, easy and prompt, and a good and convenient haven in the same places; and that the law and usages and franchises, which merchants repairing to the Staple in these times have had and used, they should use and enjoy henceforth at the places where they shall be, without being drawn into another law or another custom; and that the foreigners who shall come to the said places go not further in the realm nor send privily or openly by any manner of people to make any purchase of wools elsewhere than at the places established; and hereby the towns of our said lord which are now decayed and impoverished will be restored and enriched. If it be established in the form above written, it will befal to the great profit of our lord the King and of all his realm; principally, by the security of the persons and goods of merchants and other people of the realm, whom in these times death, robberies and other damages without number have in large measure befallen; and also by the increase of the profit of the change of our lord through the plate and bullion which shall be brought there; and also by the drawing of all manner of merchants and their merchandise that shall come there; moreover, owing to the great treasure of the goods of England that is and remains in the power of aliens, tort, trespass, robberies, and homicide cannot be readily redressed nor rightly punished in our parts on this side the sea for fear of the persons and goods which the aliens have in their power[225], whereby they are enriched and emboldened to maintain the mortal enemies of the King, and comfort them with people, arms and victuals; and by the ordinance aforesaid the merchants and the people of our said lord, to whom he can resort when need be, will be enriched, and the enemies of the King impoverished and all alien merchants in his subjection, and other profits without number will arise, which we cannot by any means fully show forth. With regard to money, if it please our lord, let it not be suffered to be brought from the parts beyond the sea, save only gold, plate and bullion; and to do away with the counterfeit money current among the good, wheresoever it be found, let it be pierced and sent to the change.[226]
[Footnote 224: The struggle with Thomas, earl of Lancaster.]
[Footnote 225: _i.e._, through fear of malicious reprisals abroad; it is urged apparently that by the establishment of staples at home English merchants will stay in the realm and enjoy the profits of commerce without undertaking the risks. The policy of exclusive home staples was thrice attempted without success, in 1326, 1332 and 1353.]
[Footnote 226: Endorsed is a list of counties whose representatives agree to the foregoing advice, namely, Middlesex, Essex, Hertford, Buckingham, Bedford, Oxford, Berks, Gloucester, Hereford, Worcester, Salop, Stafford, Chester and Warwick, together with London and Stamford.
The arguments presented above were the outcome of a conference between the council, and representatives of cities and boroughs and of the merchants throughout the realm. See Eng. Hist. Rev., Jan. 1914.]
22. ORDINANCES OF THE STAPLE [_Patent Roll_, _19 Edward II, p. 2, m. 8_], 1326.
Edward, etc., to the mayor of our city of London, greeting. We command you, straitly enjoining, that the things below written, ordained by us and our council for the common profit and relief of the people of all our realm and power, you cause to be proclaimed and published and straitly kept and observed in our city aforesaid and everywhere in your bailiwick.
First, that the staple of the merchants and the merchandise of England, Ireland and Wales, namely, of wools, hides, woolfells and tin, be holden in the same lands and nowhere else, and that too in the places below written, that is to say, at Newcastle upon Tyne, York, Lincoln, Norwich, London, Winchester, Exeter, and Bristol, for England, Dublin, Drogheda and Cork, for Ireland, Shrewsbury, Carmarthen and Cardiff, for Wales. And for the tin of Cornwall, at Lostwithiel and Truro. And for the tin of Devonshire, at Ashburton, and not elsewhere in England, Ireland or Wales.
And that all alien people there and not elsewhere in England, Ireland or Wales, may freely buy and seek wools, hides and fells and other merchandise, and tin in Ashburton, Lostwithiel and Truro, and not elsewhere, and when they have bought their merchandise at the said places and in the form abovesaid and paid their customs, and have thereon letters sealed with the seal of the cocket[227], they may carry the said wools, hides, fells, tin and other merchandise into what land soever they will, if it be not into a land that is at war or enmity with us or our realm. And that the merchant strangers be warned hereof.
And that no alien by himself or another privily or openly may buy elsewhere wools or other merchandise abovesaid except at the said places, upon forfeiture of the wools or other merchandise abovesaid which he shall have so bought.
And that the merchants of England, Ireland and Wales, who wish to carry wools, hides, fells or tin out of the staples to be sold elsewhere, may not carry them from the staples out of our power until they have remained fifteen days at any of the staples to sell them, and then they may go with the said merchandise whither they will, without making or holding a staple anywhere out of the said lands or within the said lands elsewhere than at the places abovesaid.
And that all people of England, Ireland and Wales, may sell and buy wools and all other merchandise anywhere that they will in the said lands, so that the sale be not made to aliens except at the staple. And that wools, hides, fells and tin be nowhere carried out of the said lands by aliens or denizens except from the staples aforesaid.
And that the merchants of our power make not among themselves any conspiracy or compact to lessen the price of wools or other merchandise abovesaid, or to delay merchant strangers in the purchase or sale of their merchandise, and that those who shall do so and can be attainted hereof be heavily punished according to the ordinance of us and of our good council. And that every man be admitted on our behalf who will sue to attaint and punish such, and that such suit be made before our Chief Justices or others whom we will assign hereto and not elsewhere. And that the merchants and the people of Gascony and of the duchy of Aquitaine, who now are or for the time shall be of the fealty and obedience of us or of our son and heir[228], be holden as denizens and not as aliens in all these affairs.
And that all merchants, native and strangers, be subject to the law merchant in all things that touch trafficking at the places of the staples.
And that no man or woman of a borough or city, nor the commons of the people outside a borough or city in England, Ireland or Wales, after Christmas next coming, use cloth of their own buying that shall be bought after the said feast of Christmas, unless it be cloth made in England, Ireland or Wales, upon heavy forfeiture and punishment, as we by our good council will ordain hereon. And be it known that by the commons in this case shall be understood all people except the King and Queen, earls and barons, knights and ladies and their children born in wedlock, archbishops and bishops and other persons and people of Holy Church, and seculars, who can spend yearly from their rents 40l. sterling, and this so long as it please us by our good council further to extend this ordinance and prohibition.
And that every man and woman of England, Ireland and Wales, may make cloths as long and as short as they shall please.
And that people may have the greater will to work upon the making of cloth in England, Ireland and Wales, we will that all people know that we shall grant suitable franchises to fullers, weavers, dyers and other clothworkers who live mainly by this craft, when such franchises be asked of us.
And that it be granted to the wool-merchants that they have a mayor of the staples abovesaid.
And that all merchant strangers may have the greater will to come into our power and may the more safely stay and return, we take them, their persons and goods, into our protection. And we forbid, upon heavy forfeiture, that anyone do them wrong or injury in person or goods, while they be coming, staying or returning, so that if anyone do them injury contrary to this protection and prohibition, those of the town to which the evildoers shall belong shall be bound to answer for the damages or for the persons of the evildoers, and that the mayor or bailiffs of the town where the shipping is take surety for which they will answer at their peril from the sailors of the same shipping every time that they shall go out of the havens, that they will not do evil or misbehave towards any man contrary to these articles.
In witness whereof we have caused these our letters to be sealed with our seal. Given at Kenilworth, 1 May.
[Footnote 227: The seal used by the customers.]
[Footnote 228: Prince Edward was created duke of Aquitaine on September 10, 1325. _Pat. 19 Edward II, p. 1, m. 25._]
23. THE ELECTION OF THE MAYOR AND CONSTABLES OF A STAPLE TOWN [_Chancery Files_, 582], 1358.
To the reverend father in Christ William by divine permission bishop of Winchester and Chancellor of the illustrious lord the King of England and France, his humble mayor and constables and the whole community of merchants of the staple of the lord the King at Westminster, greeting with all reverence and honour. Let your reverend lordship deign to know that on the feast of the Translation of St. Thomas the Martyr[229] in the 32nd year of the reign of the aforesaid lord the King of England after the Conquest, all the merchants, as well alien as denizen, who frequent the said staple, being assembled for the election of a mayor and constables of the same staple for the coming year, as custom is, beginning at the feast of St. Peter's Chains[230] next coming, with unanimous assent and consent we elected Adam Fraunceys to be mayor, and John Pyel and John Tornegeld to be constables of the staple aforesaid for the coming year. May your lordship fare well through time to come. Given in the said staple of Westminster the last day of July in the 32nd year of the reign of King Edward the Third after the Conquest of England[231].
[Footnote 229: July 7.]
[Footnote 230: August 1.]
[Footnote 231: Ratified by the Crown on July 16 (_Pat. Supp._, 22 _m._ 12).]
24. ROYAL LETTERS PATENT OVERRULED BY THE CUSTOM OF THE STAPLE [_Early Chancery Proceedings, 11, 289_], _c._ 1436.
To the reverend father in God the Bishop of Bath, Chancellor of England.
Meekly beseecheth your servant, Hugh Dyke, that whereas our lord the King on the second day of December in the fourteenth year of his reign, considering the great kindness which the said Hugh, William Estfield and Hammond Sutton did to him, and specially for that they then granted to lend to our said lord the King the sum of 8,000 marks, and our said lord the King wishing graciously to favour the same William, Hammond and Hugh in this behalf, by his letters patent, by the advice and assent of his council in his Parliament, granted and gave license to the same William, Hammond and Hugh, that in the sale of their wools at the town of Calais they should be preferred before all other merchants there to the value of the sum aforesaid, and that they and every of them, or others in their name whom the said William, Hammond and Hugh would name hereto, might freely sell their wools aforesaid to the value aforesaid within your said town to what person soever and in what manner soever they should wish, before the other merchants aforesaid, and retain by them the sums forthcoming thence without any restriction or partition to be made thereof in the Staple of Calais among the merchants of the same, any statute or ordinance made to the contrary notwithstanding, as is more fully contained in the said letters; and although one Thomas Ketyll, servant to the said Hugh, at the commandment and will of his master, sold a sarpler of wool to a stranger for the sum of 12l. 5s., to have and enjoy to him without any restriction or partition to be made thereof, as parcel of the sum aforesaid, nevertheless Thomas Thurland of Calais, because the said Thomas Ketyll would not deliver the said sum of 12l. 5s. to put the same in partition in the Staple, put him in prison and detained him for a long time contrary to the tenour of the letters aforesaid to the prejudice of our lord the King and the great damage and loss of the said Hugh and Thomas Ketyll. Wherefore please it your benign grace to grant a writ of _subpoena_ directed to the said Thomas Thurland to appear before you in the Chancery of our lord the King upon pain of 30l. to answer as well our lord the King as the said Hugh and Thomas Ketyll touching the premises, and to do right to the parties, by way of charity.
25. PROHIBITION OF EXPORT OF MATERIALS FOR MAKING CLOTH [_Guildhall, Letter-Book E, f. 167_],[232] 1326.
Edward by the grace of God, King of England, etc., to our well-beloved Hamon de Chigewelle, Mayor of our city of London, greeting. We have read the letters that you have sent us, in the which you have signified unto us that Flemings, Brabanters and other aliens have been suddenly buying throughout our land all the teasels that they can find; and also are buying butter, madder, woad, fullers' earth, and all other things which pertain to the working of cloth, in order that they may disturb the staple and the common profit of our realm; and further, that you have stopped twenty tuns that were shipped and ready for going beyond sea, at the suit of good folks of our said city; upon your doing the which we do congratulate you, and do command and charge you, that you cause the said tuns well and safely to be kept; and if any such things come into our said city from henceforth, to be sent beyond sea by merchants aliens or denizens, cause them also to be stopped and safely kept, until you shall have had other mandate from us thereon; and you are not to allow any such things to pass through your bailiwick, by reason whereof the profit of our staple may be disturbed. We have also commanded our Chancellor, that by writs under our Great Seal he shall cause it everywhere to be forbidden that any such things shall pass from henceforth out of our realm, in any way whatsoever. Given under our Privy Seal at Saltwood the 21st day of May, in the 19th year of our reign.
[Footnote 232: Printed in Riley, Memorials, 149.]
26. COMMERCIAL POLICY [_Political Songs and Poems_, _Rolls Series_, II, 282], _temp._ Edward IV.
For there is no realm in no manner degree But they have need to our English commodity; And the cause thereof I will to you express, The which is sooth as the gospel of the mass.
Meat, drink and cloth, to every man's sustenance They belong all three, without variance. For whoso lacketh any of these three things, Be they popes or emperors, or so royal kings,
It may not stand with them in any prosperity; For whoso lacketh any of these, he suffereth adversity; Whiles this is sooth by your wits discern Of all the realms in the world this beareth the lantern.
For of every of these three by God's ordinance, We have sufficiently unto our sustenance, And with the surplusage of one of these three things We might rule and govern all Christian kings.
For the merchants come our wools for to buy Or else the cloth that is made thereof surely, Out of divers lands far beyond the sea, To have this merchandise into their country.
Therefore let not our wool be sold for nought, Neither our cloth, for they must be sought; And in especial restrain straitly the wool, That the commons of this land may work at the full.
And if any wool be sold of this land, Let it be of the worst both to free and bond, And none other in [no] manner wise, For many divers causes, as I can devise.
If the wool be coarse, the cloth is mickle the worse, Yet into little they put out of purse As much for carding, spinning and weaving, Fulling, roving, dyeing and shearing;
And yet when such cloth is all ywrought, To the maker it availeth little or nought, The price is simple, the cost is never the less, They that worketh such wool in wit be like an ass.
For and ye knew the sorrow and heaviness Of the poor people living in distress, How they be oppressed in all manner of thing, In giving them too much weight into the spinning.
For nine pounds, I ween, they shall take twelve, This is very truth, as I know myself; Their wages be bated, their weight is increased, Thus the spinners' and carders' avails be all ceased.
27. THE PERILS OF FOREIGN TRAVEL [_Court Roll, 178, 104, m. 3d._],[233] 1315.
The King sent his writ to the bailiffs of the abbot of Ramsey of the fair of St. Ives in these words:--Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to the bailiffs of the abbot of Ramsey of the fair of St. Ives, greeting. Whereas, on the frequent complaint of our beloved cousin, Alice countess Marshal, representing to us that lately by our licence she caused a ship about to sail to the parts beyond seas to be laden with jewels of gold and silver and other her goods and chattels to the value of 2000l., to be taken thence to the said parts to await her coming there; and that John Crabbe, master of a ship of The Mew, Miles of Utenham, Christian Trilling, Crabekyn, nephew of John Crabbe, John Labay and John Winter, together with certain other evildoers of the parts of Flanders, met the aforesaid ship so laden on its way towards the said parts on the sea between Boulogne and Whitsand, and in hostile manner took and carried away the same ship so laden with cloths, jewels and other goods aforesaid, and still detain the same jewels and goods of the aforesaid countess, to her no small damage and loss: we many times requested Robert, count of Flanders, by our special letters to hear the plaint of the aforesaid countess on the premises, to be set forth to the same count by her or her proctor or attorney in this behalf, and thereupon to cause full justice to be done to her touching the said cloths, jewels and other goods so carried off; whereupon the same count afterwards wrote back to us, saying that he had caused certain of the aforesaid evildoers to be punished, and was ready to hand over the others whom he might secure to due punishment, as reason should permit. But, because the aforesaid count delayed to show justice to the said countess touching the restitution of the cloths, jewels and goods aforesaid according to the form of our aforesaid requests, we afterwards thought fit to require him divers times by our special letters to cause due restitution or suitable satisfaction, as right should require, to be made to the same countess for the cloths, jewels, goods and chattels aforesaid. And though the count has received our letters aforesaid and has been many times requested with great diligence on behalf of the same countess by her attorneys or proctors to cause full justice to be done to her in the premises, nevertheless he has neglected to do anything therein at such our requests, although a great part of the same goods had come into his hands, but has altogether failed to show her justice, as the mayor and aldermen of our city of London have made known to us by their letters patent sealed with their common seal.
We, refusing to refrain longer from causing the aforesaid countess to be provided with a remedy agreeable to right touching the recovery of her goods aforesaid, command you that you cause to be arrested without delay all goods and wares of the men and merchants of the power and lordship of the said count of Flanders, except the goods and wares of the burgesses and merchants of Ypres, which shall happen to be found within your bailiwick, to the value of 200l. in part satisfaction of the said 2000l., and to be kept under such arrest safely and without detraction or diminution, until you shall have other orders from us thereon; and that you make known to us plainly and openly under your seals what goods and of what sort you cause to be arrested on that account, and whose they are, and also the value thereof, returning to us this writ. For we have commanded the mayor and sheriffs of London to cause to be arrested without delay and to be kept under such arrest, until full satisfaction be made to the aforesaid countess of her said goods so carried off, the goods and wares of the men and merchants of the power of the said count within their bailiwick to the value of 1000l.; and the bailiffs of the town of Great Yarmouth to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Ipswich to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Lynn to cause the arrest of goods to the value of the 200l. residue. Witness myself at Westminster on the 24th day of April in the eighth year of our reign.
To which writ answer was made that no goods or chattels of the power and lordship of Robert, count of Flanders, were found in the fair of St. Ives after this writ was delivered to us. Therefore nothing at present has been done therein.
[Footnote 233: Printed in Selden Society Publications, Vol. 23, p. 93.]
28. GRANT OF LETTERS OF MARQUE AND REPRISALS [_Patent Roll_, 26 _Henry_ VI, _p. 1, m. 27_.], 1447.
The King to all to whom, etc., greeting. John Hampshire and Henry May, gentlemen, have shown to us that, whereas they, with twenty nine persons, merchants and mariners, our lieges, in the month of December in the twenty second year of our reign, in a ship called _Clement_ of Hamble, came out of our duchy of Normandy sailing to our realm of England, there came upon them thirty mariners of Brittany and took and carried away the goods and merchandise of the aforesaid John and Henry and other our lieges aforesaid to the value of 1336 marks, and their bonds, indentures and bills making mention of debts to the sum of 700 marks, and beyond this likewise took and carried away the whole tackling of the ship aforesaid and all their victuals found in the same ship, and inhumanly stripped the same John and Henry to their shirts and certain of our other said lieges as well of their shirts as of their other garments, and abandoned and left the said John and Henry and our other lieges abovesaid in the ship aforesaid, bereft and spoiled of all manner of tackling necessary and requisite for the safe conduct of the same ship, in the midst of the sea, in which ship the same John and Henry and the rest of our lieges aforesaid, labouring in tempest and various storms of the sea for three days and three nights together, and despairing of their life in regard to all human aid, and putting all hope and trust of their salvation wholly in God and the glorious Virgin Mary, at length, after the days and nights aforesaid were past, they arrived in port, at least a place of safety, by God's help; and although at the instance of the aforesaid John and Henry we have oft fitly requested our cousin the duke of Brittany by letters of our privy seal that he would cause the same John and Henry to be provided with due and just restitution to be had in this behalf, yet the same John and Henry, using all diligence with due and speedy suit made to the same our cousin in this behalf for three years and more, have not yet obtained and cannot in any wise obtain any restitution thereof, to the gravest expense and no small damage and burden to the same John and Henry; wherefore they have humbly and instantly made supplication to us that we would graciously deign to provide for relief to be made to them in this behalf: We, considering that justice is and has been against all conscience denied or at least delayed to the same John and Henry diligently suing for their right, and willing to make provision that justice or at least the execution of justice perish not in this behalf, as far as in us lies, by the inspiration of piety, therefore, graciously inclining to the supplication of the same John and Henry most benignly made to us in this behalf, have granted to the same John and Henry marque and reprisal, so that they, by themselves or their factors, attorneys or servants having or to have sufficient power from them, and, if the same John and Henry perchance die in the meantime, by their heirs and executors, may take and arrest the bodies, ships, vessels, goods, wares and merchandise of any subjects soever of the aforesaid duke, wheresoever they may be found within our realms, lordships, lands, powers and territories, as well on this side as beyond the sea, by land, sea or water, within liberties and without, to the value of the said 2036 marks, and lawfully and with impunity detain the same until full satisfaction shall have been made to them of that sum and of the whole and entire tackling of the ship aforesaid and of the victuals aforesaid or of the true value of the same, and of the damages, costs, outlays and expenses which they have reasonably sustained and will sustain on our behalf, and, for default of such satisfaction, that they may give, sell, alienate them and dispose and order thereof as with their own goods, as it shall seem to them best to be done, without hindrance, disturbance, vexation or annoyance at the hands of us or our heirs or the officers or ministers of us or our heirs whomsoever. And we give to all and singular our admirals, captains, castellans and their lieutenants and deputies, sheriffs, mayors, bailiffs, constables, searchers, wardens of seaports and other maritime places, masters and mariners of ships and other places whatsoever, and other our officers, ministers, lieges and subjects whomsoever, as well on this side as beyond the sea, by land, sea or water, wheresoever they be stablished, that they be intendant, counselling, aiding and respondent in the premises to the same John and Henry or their factors, attorneys, deputies or servants having or to have sufficient power from the same John and Henry, and, if they die as is aforesaid, then to their heirs or executors, as often as and when they be duly requested by the same John and Henry or either of them or the others aforesaid or any of them on our behalf. In witness, etc. Witness the King at Westminster, 26 September. By writ of privy seal and of the date, etc.[234]
[Footnote 234: For an earlier measure for the protection of shipping, see below, Section VII., No. 2.]
29. GRANT OF LIBERTIES TO THE MERCHANTS OF DOUAI [_Charter Roll_, 45 _Henry_ III, _m. 4, No. 32_.], 1260.
The King to archbishops, etc. Know ye that we have granted and by this our charter have confirmed for us and our heirs to our beloved burgesses and merchants of Douai that for ever throughout the whole of our land and power they have this liberty, to wit, that they or their goods, found in any place soever in our power, shall not be arrested for any debt for which they are not sureties or principal debtors, unless by chance such debtors be of their commune and power, having goods wherefrom they can make satisfaction for their debts in whole or in part, and unless the burgesses of Douai, by whom that town is governed, fail in justice to those who are of our land and power, and this can be reasonably ascertained; and that the said burgesses and merchants for ever be quit of murages on all their goods, possessions and merchandise throughout our whole realm; and that the burgesses and merchants aforesaid shall not lose their chattels and goods found in their hands or deposited elsewhere by their servants, so far as they can sufficiently prove them to be their own, for the trespass or forfeiture of their servants; and also if the said burgesses and merchants or any of them die within our land and power testate or intestate, we or our heirs will not cause their goods to be confiscated so that their heirs should not entirely have them, so far as the same be proved to be the chattels of the said deceased, provided that sufficient knowledge or proof be had touching the said heirs; and that they with their merchandise may safely come into our land and power and stay there, paying the due and right customs; so also that if at any time there be war between the King of the French or others and us or our heirs, they be forewarned to depart from our realm with their goods within forty days. Wherefore we will and straitly command, for us and our heirs, that the aforesaid burgesses and merchants and their heirs for ever have all the liberties aforewritten throughout the whole of our land and power. And we forbid, upon our forfeiture of 10l., that any man presume to molest or annoy them in aught unjustly contrary to this liberty and our grant. These witnesses:--the venerable father H. bishop of London, Richard de Clare, earl of Gloucester and Hertford, Humphrey de Bohun, earl of Hereford and Essex, Hugh le Bygod, Philip Basset, Hugh le Despenser, our justiciar of England, James de Alditheleg, Roger de Mortuo Mari, John Maunsell, treasurer of York, Robert Walerand, and others. Given by our hand at Westminster, 24 November in the 45th year of our reign.[235]
The burgesses and merchants of Douai give the King 100 marks for this charter, which sum should be allowed in the 90l. in which the King is bound to them, whereof there is the King's writ of _liberate_ at the King's Exchequer; and the writ should be searched for and the 100 marks noted therein.
[Footnote 235: Charters of this character were granted at this period to almost every town of importance in England.]
30. ALIENS AT A FAIR [_Court Rolls, 178, 93, m. 3_], 1270. Court of Wednesday [14 May, 1270].
Gottschalk of Almain, burgess of Lynn, makes plaint of the communities of Ghent, Poperingen, Douai, Ypres and Lisle, as men of the countess of Flanders, to wit, that whereas the same Gottschalk caused 14 sacks of wool worth 140 marks to be brought from the realm of England to Bruges in Flanders, to trade with it there, and lodged the wool at the house of one Henry Thurold on Sunday next after Ash Wednesday in the forty-ninth year of the reign of King Henry, the bailiffs of the said countess came and arrested the said wool against the peace of the realm and still detain it. Wherefore the same Gottschalk, for the unjust detention of the wool aforesaid, made petition to the lord the King at Kenilworth and elsewhere until now; whereupon the lord the King many times directed his letters to the same countess, asking her to satisfy the same Gottschalk of the aforesaid wool or the price thereof, and she has hitherto neglected to do anything for the same Gottschalk, to his damage of 200 marks; and he produces suit. The aforesaid communities, being present, do not deny the accustomed words of the court[236] or the detention of the aforesaid wool or the damage of the aforesaid Gottschalk, but craved licence to consult forthwith on the matter and withdrew. And afterwards they came, making no defence against the charge of the said Gottschalk, but the men of Ypres presented a charter of certain liberties granted to them by the King's Court, stating that they should not be distrained for any debt unless they were the sureties or principal debtors. For the men of Lisle there came one Alard of Leeuw and showed a charter of the lord the King for himself only, stating that he should not be distrained unless he were a principal debtor or surety. Another man named Peter Blarie of Lisle says that he has no charter. The men also of the communities of Ghent and Douai[237] craved respite until Saturday to show their charters, which they say that they have from the King's Court, and that day was granted to them. The aforesaid Gottschalk, however, craved judgment for the default of the aforesaid merchants; and a day is given to the parties, to wit, to-morrow....
Be it remembered that Gottschalk of Almain, burgess of Lynn, gives to the lord a seventh part of all which he may recover against the communities of Ypres, Ghent, Douai, Poperingen and Lisle, to wit, of the 120 marks which he seeks for 14 sacks of wool detained to his damage of 200 marks.
[Footnote 236: _i.e._ "Tort and force."]
[Footnote 237: See No. 29 for the charter of Douai.]
31. CONFIRMATION OF LIBERTIES TO THE MERCHANTS OF ALMAIN [_Patent Roll_, 9 _Edward_ I, _m. 1_], 1280.
The King to all to whom, etc., greeting. Whereas the lord King Henry, our father, of famous memory, lately granted by his letters patent,[238] which we have inspected, at the instance of Richard, King of the Romans, our uncle, of good memory, to the merchants of the realm of Almain who have a house in the city of London commonly called the Gildhall of the Teutons, that he would maintain and protect them, all and singular, throughout the whole of his realm in all the same liberties and free customs which they have used and enjoyed in the times of him and his progenitors, and would not draw them nor in any wise permit them to be drawn out of such liberties and free customs, as is more fully contained in the letters aforesaid made thereon to the aforesaid merchants: We, wishing that favour to be continued to the same merchants, wish them to be maintained and protected in all the same liberties and free customs which they have used and enjoyed in the times of us and our progenitors, and we will not draw them or in any wise permit them to be drawn out of such liberties and free customs. In witness whereof, etc. Witness the King at Westminster, 18 November.
[Footnote 238: June 15, 1260. _Fædera I._, i. 398.]
32. ALIEN WEAVERS IN LONDON [_Guildhall, Letter-Book_ G, _f. 93_],[239] 1362.
Unto the most honourable Lords, and rightful, the Mayor and Aldermen of the City of London, humbly pray the Weavers alien working in the same City, that the points and Ordinances underwritten may be granted and allowed to them, for the common profit of the land and of the City and for the saving of their said trade.
In the first place, that three good folks of the weavers alien may be ordained and sworn to keep and rule their trade, and the points underwritten.
Also, that if any alien shall come to the said city to work in the said trade, and to make his profit, he shall do nothing in the same before he shall have presented himself to the Masters alien of the said trade, and by the said Masters have been examined if he knows his trade or not; and thereupon, let orders be given by the said Masters what he shall take by the day for his work.
Also that no one of the said trade of weavers alien shall be so daring as to work at the trade by night.
Also, that no one in the said trade shall work at the trade on Saturdays; or on the Eve of Double Feasts after None rung in the parish where he resides.
Also, if any workman has served his alien master by the day or by the week, and the said master will not pay the workman for his work, according as they shall have agreed, the good folks who shall be ordained and sworn to keep and rule their said trade, shall have power to forbid the said master to be so daring as to work at the said trade, until he shall have paid his workman what he is bound to pay him. And if he shall do the contrary, and be convicted thereof, let him pay to the Chamber the penalty that is underwritten.
Also, whereas heretofore, if any dispute occurred between a master alien in the said trade and his workman, such workman was wont to go to all the workmen within the City in the said trade, and by covin and conspiracy between them made, they would give orders that no one of them should work or submit to serve until the said master and his workman should have agreed; by reason whereof the masters of the said trade were in great trouble, and the people left unserved; it is ordered that, from henceforth if any dispute shall occur between any master alien and his workman in the said trade, the same dispute shall be rectified by the Wardens of the trade. And if any workman who shall have offended, or have misbehaved towards his master alien will not submit to be adjudged before the said Wardens, let such workman be arrested by a Serjeant of the Chamber at the suit of the said Wardens, and brought before the Mayor and Aldermen; and before them let him be punished, at their discretion.
Also, if any alien of the said trade shall be found doing mischief in the way of larceny, to the value of 12 pence; the first time, let him make amends to him against whom he shall have so offended, at the discretion of the Masters alien of the said trade. And if he shall be found guilty thereof a second time, let him be brought before the Mayor and Aldermen, and before them be punished according to his deserts.
Also if any alien of the said trade shall be found guilty in any point aforesaid, let him be amerced, the first time, in 40 pence, to the use of the Chamber; half a mark, the second time; 20 shillings the third time; and the fourth time, let him forswear the trade in the said city, and every time, let him also pay 12 pence to the Wardens for their trouble.
John le Grutteret and Peter Vanthebrok, Flemings, and John Elias, Brabanter, were chosen on the 23rd day of February in the 36th year and sworn to keep and oversee the Articles aforesaid, and the alien men of the same trade.
[Footnote 239: Printed in Riley, Memorials, p. 306]
33. THE HOSTING OF ALIENS [_Exch. K.R. Accounts, 128, 31, m. 15_], 1442.
This is the view of William Chervyle, surveyor and host ordained and deputed by Robert Clopton, late mayor of the city of London, upon John Mantel, captain of a carrack coming to Sandwich, and James Ryche, scrivan[240] of the said carrack, and James Douhonour, merchants, coming from Sandwich with the said carrack, to survey as well their merchandise found in their keeping and also coming afterwards, as the employment of the same, to wit, the said John Mantell and James Ryche between the 18th day of January, and James Dohonour between the 25th day of January in the 20th year of the reign of our sovereign lord King Henry the Sixth, until the feast of Michaelmas next following.
The merchandise coming and found in the said carrack of the said John Mantell and James Ryche and James Dohonour--
First, 14 butts of sweet wine.
Further, 30 barrels of the same sweet wine.
Further, 144 butts of sweet wine.
Further, 10 butts of currant raisins.
The merchandise sold by the said John Mantell, James Ryche and James Douhonour:--
First, sold in the month of February to the prior of Canterbury, I butt for 4l. 6s. 8d. Further, to John Brokley, 2 butts for 8l. 6s. 8d. Further, to Andrew Tye, 2 butts for 8l. Further, to John Style, 4 butts for 14l. Further, to Davy Selly, 3 butts for 12l. Further, to Richard Tremayne, 2 butts for 8l. Further, to John Chyppenham, 30 barrels for 16l. Further, sold in the month of March to Simon Eyre, 101 butts for 305l. Further, to John Style, 20 butts for 75l. Further, to John Style, 10 butts for 40l. Further, to Davy Selly, 4 butts for 16l. Further, to Thomas Greye, 3 butts for 11l. 10s. Further, to John atte Wode, 2 butts for 7l. Further, to John Bale, 4 butts for 16l. Further, to Harry Purchase, 3 butts of currant raisins for 29l. Further, to John Gybbe, 3 butts for 29l. Further, to Nicholas Wyfold, 3 butts for 31l. Further, to John Pecok, 1 butt [for] 9l. 10s. Sum of the said sales 639l. 13s. 4d.
The purchases made by the said John Mantell and James Ryche and James Dohonour for the employment of the merchandise aforesaid:--
First, bought of Simon Eyre, 200 cloths "westrons" for 305l. Further, of John Brokley, 40 yards of murrey in grain 18l. Further, of Henry Kempe, 5 cloths "Northamptons" 40l. Further, of Philip Malpas, 60 cloths "westrons" 90l. Further, of John Bale, 60 pieces of Suffolk "streyts" for 38l. Further, of William Dyllowe, 10 cloths "Northamptons" 60l. Further, of John Andreu, 8 cloths "Ludlowes" 16l. Further, of Thomas Grey, 1101 quarters of pewter for 15l. Further, of William ----, 40 cloths "westrons" 60l. Further, of John at Wode, 20 cloths "westrons" for 32l. Further, of John Style, 80 Suffolk "streyts" for 46l. Sum of the purchases aforesaid 745l.[241]
[Footnote 240: The scrivan (_i.e._, writer) had charge of the merchandise on board.]
[Footnote 241: This survey was made pursuant to Stat. 18 Henry VI. The result of the transaction would have delighted the "mercantile" theorist.]
34. AN OFFENCE AGAINST STAT. 18 HENRY VI. FOR THE HOSTING OF ALIENS [_Exch. K.R. Accounts, 128, 31, m. 28_], 1440.
I, Stephen Stychemerssh, citizen of the city of London, certify your reverences, the venerable and discreet barons of the Exchequer of the most excellent prince, our lord the King, and all whose interest it is, that on the fifth day of the month of April in the 18th year of the reign of King Henry the Sixth, there were assigned to me, the aforesaid Stephen, by Robert Large, then mayor of the city aforesaid, Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, their clerks, merchant strangers, to be under me, the aforesaid Stephen, as their host, to survey all and singular merchandise brought and hereafter to be brought by the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus into the city aforesaid and the suburbs of the same; and upon the assignment aforesaid so made by the aforesaid late mayor, I, the aforesaid Stephen Stychemerssh, went to the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus on the eighth day of April in the said 18th year in the parish of St. Peter in the ward of Bread Street, requiring them to be under my survey and governance according to the form of a Statute [published in the Parliament] holden at Westminster in the said 18th year; which Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, though often required by me and after the corporal pain of imprisonment had been inflicted by the aforesaid late mayor and other warnings put upon them, have altogether neglected and contemned and still neglect and contemn to obey or observe the aforesaid statute or ordinance, alleging for themselves certain letters patent[242] of the lord the king under his great seal to them and other merchants of Genoa of a licence granted to them by the said lord the King not to be under any such host, so that touching their merchandise brought from the said fifth day of the month of April or touching the sales of the same merchandise nothing at present has been done by me, nor could I have any knowledge thereof, contrary to the form of the statute or ordinance aforesaid.[243]
[Footnote 242: Patent Roll, 18 Henry VI., p. 3, m. 22 (1440).]
[Footnote 243: This document illustrates the difficulty of the legislature in its attempts at national regulation. A mediæval statute was not a dead letter, but competed perforce with local liberty and royal prerogative. The crown at once collected fines for breaches of a statute and fees for exemption from its operation.]
35. IMPRISONMENT OF AN ALIEN CRAFTSMAN [_Early Chancery Proceedings, 11, 455_], c. 1440.
To the right reverend father in God, the bishop of Bath and Wells, Chancellor of England.
Meekly beseecheth your good and gracious lordship your continual orator, Henry Wakyngknyght, goldsmith, tenderly to consider that whereas he, by the Mayor's commandment of London, caused by the subtle suggestion of the Wardens of the Craft of Goldsmiths of London, now late is imprisoned within the Counter in Bread Street, no cause laid against him but only that he is a stranger born, occupying his craft in London, so utterly intending to keep him still in prison for ever to his utter destruction and undoing--howbeit your said orator occupieth not his said craft openly in shops but privily, in no derogation of any franchise or custom of the goldsmiths of London--without your gracious lordship to him be shewed in this behalf. Wherefore please it your said gracious lordship, the premises considered, and also the holy time of Easter now coming, to grant unto your said orator a _corpus cum causa_ directed to the Mayor and Sheriffs of London, commanding them by the same to bring up the body of the said Henry with the cause of his arrest before your lordship into the King's Chancery at a certain day by your lordship to be limited, there to answer in the premises as reason and conscience shall require, for the love of God and in way of charity.
[_Endorsed._] Before the lord the King in his Chancery on Monday next, to wit, 23 March.
36. PETITION AGAINST USURY [_Parliament Roll_, 50 _Edward_ III, _No. 158_], 1376.
Further, the commons of the land pray that whereas the horrible vice of usury is so spread abroad and used throughout the land that the virtue of charity, without which none can be saved, is wellnigh wholly perished, whereby, as is known too well, a great number of good men have been undone and brought to great poverty: Please it, to the honour of God, to establish in this present Parliament that the ordinance[244] made in the city of London for a remedy of the same, well considered and corrected by your wise council and likewise by the bishop of the same city, be speedily put into execution, without doing favour to any, against every person, of whatsoever condition he be, who shall be hereafter attainted as principal or receiver or broker of such false bargains. And that all the Mayors and Bailiffs of cities and boroughs throughout the realm have the same power to punish all those who shall be attainted of this falsity within their bailiwicks according to the form of the articles comprehended in the same ordinance. And that the same ordinance be kept throughout all the realm, within franchises and without.
Answer.--Let the law of old used run herein
[Footnote 244: Ordinance dated 1363. _See_ Cunningham, _Growth of English Industry and Commerce, Mediæval Times_, p. 361 _n._]
37. ACTION UPON USURY [_Early Chancery Proceedings_, 64, 291],[245] _c._ 1480.
To the right reverend father in God, the Bishop of Lincoln and Chancellor of England.
Right humbly beseecheth unto your lordship your Orator William Elryngton of Durham, mercer, that whereas he now 4 years past and more had for a stock of one Richard Elryngton the sum of 30l., wherefore your said Orator was by his obligation bounden unto the said Richard in 40l. and odd silver; which sum of 30l. your said Orator should have to be employed in merchandise, during the space of 7 years, yielding yearly unto the said Richard, for the loan thereof 4l. of lawful money of England, and at the 7 years' end to yield whole unto the said Richard the said sum of 30l.; whereupon your said Suppliant occupied the said sum by the space of 2 years, and paid yearly unto the said Richard 4l.; and after that your said Orator, remembering in his conscience that that bargain was not godly nor profitable, intended and proffered the said Richard his said sum of 30l. again, which to do he refused, but would that your said Orator should perform his bargain. Nevertheless, the said Richard was afterward caused, and in manner compelled, by spiritual men to take again the said 30l., whereupon before sufficient record the said Richard faithfully promised that the said obligation of 40l. and covenants should be cancelled and delivered unto your said Orator, as reason is. Now it is so that the said Richard oweth and is indebted by his obligation in a great sum of money to one John Saumpill, which is now Mayor of Newcastle, wherefore now late the said Richard, by the mean of the said mayor, caused an action of debt upon the said obligation of 40l. to be affirmed before the mayor and sheriff of the said Town of Newcastle, and there by the space almost of 12 months hath sued your said Orator, to his great cost, and this against all truth and conscience, by the mighty favour of the said mayor, by cause he would the rather attain unto his duty, purposeth now by subtle means, to cast and condemn wrongfully your said Orator in the said sum of 40l., to his great hurt and undoing, without your special lordship be unto him shewed in this behalf, wherefore please it your said lordship to consider the premise, thereupon to grant a _certiorari_, direct unto the Mayor and Sheriff of the said Town, to bring up before you the cause, that it may be there examined and ruled as conscience requireth, for the love of God and in way of charity.
[Footnote 245: Printed in Abram's _Social England_, 215.]
SECTION VII
TAXATION CUSTOMS AND CURRENCY [For feudal taxation see Section II.]
1. Form of the taxation of a fifteenth and tenth, 1336--2. Disposition of a subsidy of tonnage and poundage, 1382--3. The king's prise of wines, 1320--4. The custom on wool, 1275--5. The custom on wine, 1302--6. The custom on general imports, 1303--7. Administration of the search, 1303--8. Provision for the currency and the search, 1335--9. Opinions on the state of English money, 1381-2.
The following documents illustrate in the first place the sources of royal revenue other than (_a_) the direct rents accruing to the King as a great landlord, (_b_) the payments due to him as feudal overlord, and (_c_) the profits of justice and administration, Nos. 1 and 2 representing the ordinary forms of Parliamentary grants, and Nos. 3 to 6 the prerogative right of the Crown to payments for the privilege of commercial intercourse by way of prise or custom; and in the second place the continuous efforts of mediæval governments to secure a good and easy currency (Nos. 7 to 9), a problem which they failed to solve either by the direct method of forbidding the export and controlling the import of money, or by the indirect method of insisting on the exchange of goods for goods by alien merchants frequenting the realm.
AUTHORITIES
The principal modern writers dealing with the subject of this section are:--Dowell, _History of Taxation and Taxes in England_; Stubbs, _Constitutional History_; Hall, _Customs Revenue_; Shaw, _History of Currency_; Crump & Hughes, _English Currency_ (Economic Journal, V.).
Contemporary authorities:--Wolowski, _Traité de Nicholas Oresme_.
1. FORM OF THE TAXATION OF A FIFTEENTH AND TENTH [_Fine Roll_, 10 _Edward_ III, _m._ 13], 1336.
This is the form which the assessors and taxers of the fifteenth, granted to our lord the King in his Parliament holden at Westminster on the Monday next after Sunday in mid-Lent last past, in the tenth year of his reign, by the earls, barons, freemen and the commonalties of all the counties of the realm, and also of the tenth there granted to our said lord the King in all the cities, boroughs and the ancient demesnes of the King, of the same realm, from all their goods which they had on the day of the said grant, ought to observe, and thereby to assess, tax, collect and levy the same fifteenth and tenth in the counties of Northumberland, Cumberland and Westmoreland, to wit, that the chief taxers without delay cause to come before them from each city, borough and other town of the counties, within franchise and without, the more lawful and wealthier men of the same places in such number that therefrom the chief taxers may sufficiently choose four or six of each town, or more if need be, at their discretion, by whom the said taxation and that which pertains thereto to be done may best be done and accomplished; and when they shall have chosen such, then they shall cause them to swear on the Holy Gospels, to wit, those of each town by themselves, that those so sworn will lawfully and fully enquire what goods each man of the same towns had on the said day within house and without, wheresoever they be, without any favour, upon heavy forfeiture, and will lawfully tax all those goods, wheresoever they have come from then till now by sale or otherwise, according to the true value, save the things below excepted in this form, and will cause them to be listed and put on a roll indented quite fully as speedily as they can, and to be delivered to the chief taxers one part under their seals, and retain by themselves the other part under the seals of the chief taxers, and when the chief taxers shall have in such wise received the indentures of those who shall be sworn to tax in cities boroughs and other towns, the same chief taxers shall lawfully and minutely examine such indentures, and if they discover that there is any defect they shall forthwith amend it, so that nothing be concealed, neither for gift nor for reward of a person taxed less than reason requires; and the King wills that the chief taxers go from hundred to hundred and from town to town, where need shall be, to survey and enquire that the subtaxers in the same towns have fully taxed and valued the goods of every man, and if they find anything concealed, amend it forthwith and cause the Treasurer and Barons of the Exchequer to know the names of those who shall have so trespassed, and the manner of their misdeed; and the taxation of the goods of the subtaxers of the towns shall be made by the chief taxers and by other good men whom they choose so to do, so that their goods be well and lawfully taxed in the same manner as those of others. The taxation of the goods of the chief taxers and of their clerks shall be reserved to the Treasurer and Barons of the Exchequer. And the chief taxers, as soon as they shall have received the presentment of the subtaxers shall cause the fifteenth and tenth to be levied to the use of the King without delay and without doing favour to any man, in the form which is enjoined upon them by the commission. And they shall cause to be made two rolls of the said taxation agreeing in all points, and retain the one by them to levy the taxation and have the other at the Exchequer at the feast of St. Peter's Chains next coming, on which day they shall make their first payment. And be it known that in this taxation of the goods of the commonalty of all the counties there shall be excepted armour, mounts, jewels and robes for knights and gentlemen and their wives, and their vessels of gold and silver and brass, and in cities and boroughs shall be excepted a robe for the man and another for his wife and a bed for both, a ring and a buckle of gold or silver, and a girdle of silk, which they use every day, and also a bowl of silver or of mazer from which they drink. And the goods of lepers, where they are governed by a superior who is a leper, shall not be taxed or taken, and if the lepers be governed by a sound master, their goods shall be taxed like those of others. And be it remembered that from people of counties out of cities, boroughs and the king's demesnes whose goods in all exceed not the value of 10s., nothing shall be demanded or levied; and from the goods of people of cities, boroughs and the king's demesnes, which exceed not the value of 6s. in all, nothing shall be demanded or levied.
2. THE DISPOSITION OF A SUBSIDY OF TONNAGE AND POUNDAGE [_K.R. Customs Accounts_, 159, 4], 1382.
This indenture made between Thomas Beaupyne of Bristol and John Polymond of Hampton appointed in Parliament to make order for the safe keeping of the sea by means of the subsidy of 6d. in the pound and 2s. on the tun [of wine] on the coasts of the west, granted in the said Parliament for the same cause, of the one part, and William Bast of the other part, witnesseth that the said William has received from the said Thomas and John 180l. of the said subsidy to find a ship and a barge of 180 men to serve our lord the King on the sea for a quarter of a year, the said quarter beginning on Michaelmas Day next or within fifteen days after, as he shall deem best to be done, by the testimony of the mayor of Dartmouth or the admiral's lieutenant in those parts, taking from the commencement of the said voyage 20s. for each man for the said quarter, together with all the profit that he may seize from enemies in the mean time without impeachment, according to the form ordained and agreed upon in the said Parliament, to be on the sea for the preservation of English shipping according to their power, without making for the land of England unless it be through tempest of the sea or other reasonable cause during the said quarter; for the good and lawful performance of which voyage in the manner abovesaid the said William hereby binds himself, his heirs and executors, and all his goods and chattels, moveable and immoveable, to our said lord the King to perform the said voyage as is abovesaid; and the survey of the number of the said men, according to the form of this indenture, shall be made and witnessed by the admiral in those parts or his lieutenant. In witness whereof to these indentures the parties aforesaid have interchangeably put their seals. Written at Exeter, 24 August in the sixth year of the reign of King Richard the Second after the Conquest.
3. THE KING'S PRISE OF WINES [_Fine Roll_, 13 _Edward_ II, _m._ 3], 1320
The King to his beloved clerk, Roger de Northburgh, keeper of his wardrobe, greeting. Whereas we lately confirmed certain ordinances made of late by the prelates and chiefs of our realm, and commanded the same to be observed in all and singular their articles, and in those ordinances it is contained that all gifts and grants made by us to our loss and to the diminution of our crown after 16 March in the third year of our reign, on which day we made our commission to the aforesaid prelates and chiefs touching the making of the said ordinances, ... be wholly revoked, and afterwards we granted to Stephen de Abindon, our butler, our right prise of wines one tun of wine before the mast and one tun of wine behind the mast, at our will, he paying to the merchants from whom he should receive those wines in our name 20s. for each piece and 20s. to us for each piece in our wardrobe; which grant was made after the said 16 March, and is known to redound to our damage: We, wishing the said ordinances to be duly put into execution in this behalf, command you that you fully charge Stephen, in his account of the things pertaining to his office of butler to be rendered before you, with the wines of our right prise aforesaid for the whole time in which the same Stephen was our butler, notwithstanding our grant aforesaid and our commands afterwards following hereon. Witness the King at Odiham, 23 May[246].
By the council.
[Footnote 246: The prise of wines was the royal right, limited at least from the time of Edward I., of purchasing 2 tuns of wine from every ship at the rate of 20s. a tun, whatever the market price might be; 60s. a tun was a normal price in the 14th century (_see K.R. Accounts_, 77. 21). The value of this grant to Stephen is obvious.]
4. THE CUSTOM ON WOOL [_Fine Roll_, 3 _Edward I, m._ 24], 1275.
For the new custom which is granted by all the great men of the realm and at the prayer of the communities of the merchants of all England, it is provided that in every county in the largest town where there is a port two of the more lawful and able men be elected, who shall have one piece of a seal in keeping, and one man who shall be assigned by that King shall have another piece; and they shall be sworn that they will lawfully receive and answer for the King's money, that is to say, on each sack of wool 1/2 mark, and on each 300 fells which make a sack 1/2 mark, and on each last[247] of hides 1 mark, that shall go out of the realm, as well in Ireland and Wales as in England, within the franchise and without. Furthermore in every port whence ships can sail there shall be two good men sworn that they will not suffer wools, fells or hides to leave without letters patent sealed with the seal which shall be at the chief port in the same county; and if there is any man who goes otherwise therewith out of the realm, he shall lose all the chattels which he has and his body shall be at the King's will. And forasmuch as this business cannot be performed immediately, it is provided that the King send his letters to every sheriff throughout all the realm, and cause it to be proclaimed and forbidden through all the counties that any man, upon forfeiture of his body and of all his chattels, cause wools, fells or hides to be taken out of the land before the feast of Trinity this year, and thereafter by letters patent sealed with the seals as is aforesaid, and not otherwise, upon the aforesaid forfeitures. And the King has granted of his grace that all lordships, through the ports whereof wools or hides shall pass, shall have the forfeitures when they are incurred, each in its port, saving to the King 1/2 mark on each sack of wool and fells, and 1 mark on each last of hides.[248]
[Footnote 247: 12 dozen.]
[Footnote 248: This and the two following documents fix the normal rates of customs on exported and imported goods for the mediæval period. The custom on wools, woolfells and hides, came to be known as the great or ancient custom.]
5. THE CUSTOM ON WINE [_Charter Roll_, 30 _Edward I, m._ 2], 1302
The King to Archbishops, etc., greeting. Touching the prosperous estate of the merchants of our duchy aforesaid [Aquitaine] a special care weighs upon us, in what wise under our lordship the immunity of tranquillity and full security may be secured to the same merchants for times to come; so, therefore, that their desires may be the more abundantly increased to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the same merchants for us and our heirs for ever in the form that follows:
First, that all merchant vintners of the duchy aforesaid, safely and securely, under our defence and protection, may come into our said realm of England and everywhere within our power with wines and other merchandise whatsoever and that within the same our realm and power, in cities, boroughs and market-towns, they may traffic in gross[249] as well with denizens or inhabitants of the same realm as with aliens, strangers or friends (_privatis_), and that they may take or carry whither they will, as well within our realm and power aforesaid as also without, their merchandise which they shall happen to bring into the same our realm and power or to buy or otherwise acquire within the same our realm and power, and to do their will therewith, paying the customs which they shall owe, except only wines, which it shall not be lawful for them in any wise to take out of the same our realm and power without our will.
Further, that the said merchant vintners of the said duchy may lodge at their will in the cities and towns aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.
Further, that every contract entered upon by the same vintners with any persons, whencesoever they be, touching all manner of merchandise, be valid and stable, so that neither of the merchants may disown that contract or withdraw from the same, after God's penny[250] shall have been given and received between the contractors. And if by chance a dispute arise on such a contract, proof shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.
Further, we remit and quit to the said merchants of the said duchy that ancient prise of two tuns of wine which we used to take from every ship laden with wines touching within our realm or power, one, to wit, before the mast, and the other behind, promising further and granting to the same merchants for us and our heirs for ever that we will in no wise hereafter against the will of the same merchants make or suffer to be made the aforesaid prise or any other of wines or other their wares by us or another or others for any necessity or chance, without payment to be made forthwith according to the price at which the said merchants will sell wines and other wares to others, or other satisfaction wherewith they shall count themselves content, so that a valuation or estimation be not put upon their wines or other wares by us or our ministers.
Further, that on each tun of wine gauged, as the seller of the wine shall be bound to supply that which it lacks from the gauge, so he shall be satisfied by the buyer of that which is over the gauge according to the price at which the tun of wine shall be sold.
Further, that as soon as ships with new wines touch within our realm and power, old wines, wheresoever they be found in towns or other places to which the said ships shall come, shall be viewed and proved, if they be whole and also uncorrupt, and of those who shall view the said wines, one moiety shall be of merchant vintners of the duchy aforesaid, and the other of good men of the town where this shall be done, and they shall be sworn to do the premises faithfully and without fraud, and they shall do the accustomed justice with corrupt wines.
Further, whereas it was of old time accustomed and used that the buyer and seller should pay 1d. for each tun for gauge, each of them, to wit, 1/2d., let it be so done hereafter and observed for a custom.
Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns, do speedy justice to the vintners aforesaid who complain before them of wrongs, molestations done to them, debts and any other pleas, from day to day without delay according to the Law Merchant, and if by chance default be found in any of the bailiffs or ministers aforesaid, whereby the same vintners or any of them shall sustain the inconveniences of delay, although the vintner recover his damages against the party in principal, nevertheless the bailiff or other minister shall be punished by us as his guilt demands, and that punishment we grant by favour to the merchant vintners aforesaid to hasten justice for them.
Further, that in all sorts of pleas, saving the case of a crime for which the penalty of death is inflicted, where a merchant vintner of the duchy aforesaid shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs where there shall be a sufficient number of merchant vintners of the duchy aforesaid, and inquest should be made, one moiety of the inquest shall be of such merchant vintners of the duchy aforesaid, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if it shall happen that a sufficient number of merchant vintners of the duchy aforesaid be not found, there shall be put on the inquest those who shall be found there sufficient of themselves, and the residue shall be of other good and sufficient men of the places in which that plea shall be.
Further, that no other exaction or charge of prest shall be in any wise put upon the wines of the said merchants.
Further, we have deemed fit to ordain, and we will that ordinance for us and our heirs for ever to be straitly observed, that for any liberty soever which we or our heirs shall grant hereafter, the aforesaid merchant vintners shall not lose the above written liberties or any of them; willing that those liberties extend only to the said merchant vintners of our duchy aforesaid. But for the abovesaid liberties and free customs the merchant vintners aforesaid have granted to us that on each tun of wine which they shall bring or cause to be brought within our realm or power, and whereon they shall be bound to pay freight to mariners, they shall pay by name of custom to us and our heirs, beyond the ancient customs due and paid in money whether to us or to others, 2s. within forty days after the same wines be put ashore out of the ships. And we will that the aforesaid merchant vintners, in respect of wines whereon they shall have paid to us the aforesaid custom of 2s. in one place of our realm or elsewhere within our power, shall be entirely free and quit of payment of the aforesaid custom of 2s. in all other places of our said realm and power; provided that for other merchandise whatsoever which they shall happen to employ within our realm and power they be held to pay to us the same customs which the rest of the merchants shall pay to us for such merchandise. These witnesses:--the venerable father, W. bishop of Coventry and Lichfield, John de Warenna, earl of Surrey, Roger le Bygod, earl of Norfolk and marshal of England, John de Britannia, Hugh le Despenser, William de Brewosa, Walter de Bello Campo, steward of our household, Roger le Brabazon, John de Merk and others. Given by the King's hand at Westminster, 13 August.
[Footnote 249: _i.e._ Wholesale.]
[Footnote 250: Earnest money.]
6. THE CUSTOM ON GENERAL IMPORTS [_Charter Roll_, 2 _Edward III, m._ 11, _No._ 37], 1303.[251]
Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful, greeting. Touching the good estate of all merchants of the underwritten realms, lands and provinces, to wit, Almain, France, Spain, Portugal, Navarre, Lombardy, Tuscany, Provence, Catalonia, our duchy of Aquitaine, Toulouse, Quercy, Flanders, Brabant, and all other foreign lands and places, by whatsoever name they be known, coming to our realm of England and staying there, an especial anxiety weighs upon us, in what wise under our lordship a means of tranquillity and full security may be devised for the same merchants for times to come: in order therefore that their desires may be rendered apter to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the said merchants for us and our heirs for ever as follows: First, to wit, that all merchants of the said realms and lands, safely and securely, under our defence and protection, may come into our said realm of England and everywhere else within our power with their merchandise whatsoever free and quit of murage, pontage and pavage,[252] and that within the same our realm and power in cities, boroughs and market-towns they may traffic in gross only[253] as well with denizens or inhabitants of the same our realm and power aforesaid as with aliens, strangers or friends (_privatis_), so nevertheless that the wares which are commonly called mercery and spices may be sold at retail as before was wont to be done, and that all the aforesaid merchants may cause their merchandise, which they chance to bring to our aforesaid realm and power or to buy or otherwise acquire within the same our realm and power, to be taken or carried whither they will as well within our realm and power aforesaid as without, except to lands of manifest and notorious enemies of our realm, paying the customs which they shall owe, wines only excepted, which it shall not be lawful for them in any wise to take away from the same our realm or power after they shall have been brought within the same our realm or power, without our will and special license.
Further, that the aforesaid merchants may lodge at their will in the cities, boroughs and town aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.
Further, that every contract entered upon by those merchants with any persons soever, whencesoever they be, touching any sort of merchandise, shall be valid and stable, so that neither of the merchants can withdraw or retire from that contract after God's penny shall have been given and received between the principal contracting persons; and if by chance a dispute arise on such a contract, proof or inquisition shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.
Further, we promise to the aforesaid merchants for us and our heirs for ever, granting that we will in no wise make or suffer to be made henceforth any prise or arrest or delay on account of prise of their wares, merchandise or other goods by us or another or others for any necessity or case against the will of the same merchants, save upon immediate payment of the price for which the merchants can sell such wares to others, or upon satisfaction otherwise made to them, so that they hold themselves contented; and that no valuation or estimation be set by us or our ministers on their wares, merchandise or goods.
Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns do speedy justice to the merchants aforesaid who complain before them from day to day without delay according to the Law Merchant touching all and singular plaints which can be determined by the same law; and if by chance default be found in any of the bailiffs or ministers aforesaid whereby the same merchants or any of them shall sustain the inconveniences of delay, although the merchant recover his damages in principal against the party, nevertheless the bailiff or other minister shall be punished in respect of us as the guilt demands, and that punishment we have granted by way of favour to the merchants aforesaid to hasten justice for them.
Further, that in all sorts of pleas, saving the ease of crime for which the penalty of death shall be inflicted, where a merchant shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs, where there shall be a sufficient number of merchants of the aforesaid lands, and inquest should be made, one moiety of the inquest shall be of the same merchants, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if a sufficient number of merchants of the said lands be not found, there shall be put on the inquest those who shall be found there fit, and the residue shall be of other men good and fit of the places in which that plea shall be.
Further, we will, ordain and decree that in each markettown and fair of our realm aforesaid and elsewhere within our power our weight be set in a certain place, and before weighing the scales shall be seen to be empty in the presence of buyer and seller, and that the arms be level, and that then the weigher weigh level, and when he have put the scales on a level, forthwith move his hands away, so that it remain level; and that throughout our whole realm and power there be one weight and one measure, and that they be marked with the mark of our standard, and that each man may have scales of a quarter and less, where it shall not be against the lord of the place or a liberty granted by us or our ancestors, or against the custom of towns or fairs hitherto observed.
Further, we will and grant that a certain loyal and discreet man resident in London be assigned as justice for the said merchants, before whom they may specially plead and speedily recover their debts, if the sheriffs and mayors do not full and speedy justice for them from day to day, and that a commission be made thereon granted out of the present charter to the merchants aforesaid, to wit, of the things which shall be tried between merchants and merchants according to the Law Merchant.
Further, we ordain and decree, and for us and our heirs for ever we will that that ordinance and decree be straitly observed, that for each liberty which we or our heirs shall hereafter grant, the aforesaid merchants shall not lose the above written liberties or any of them. But for the obtaining of the aforesaid liberties and free customs and the remission of our prises to them, the said merchants, all and singular, for them and all others of their parts, have granted to us with one heart and mind that on each tun of wine which they shall bring or cause to be brought within our realm or power, whereon they shall be bound to pay freight to the mariners, they shall pay to us and our heirs by name of custom 2s. beyond the ancient customs due and accustomed to be paid in money to us or others within forty days after the said wines be put ashore out of the ships; further, on each sack of wool which the said merchants or others in their name shall buy and take or cause to be bought and taken from our realm, they shall pay 40d. of increment beyond the ancient custom of half a mark which had before been paid; and for a last of hides to be carried out of our realm and power half a mark above that which before was paid of ancient custom; and likewise on 300 woolfells to be taken out of our realm and power 40d. beyond the xed sum which had before been given of ancient custom; further, 2s. on each scarlet and cloth dyed in grain; further, 18d. on each cloth wherein part of the grain is intermixed; further, 12d. on each other cloth without grain; further, 12d. on each quintal of wax.
And whereas some of the aforesaid merchants deal in other merchandise as avoir-du-pois and other fine goods, such as cloths of Tars, silk, cendals and other diverse wares, and horses also and other animals, corn and other goods and merchandise which cannot easily be put at a fixed custom, the same merchants have granted to give us and our heirs on each pound of silver of the estimation or value of such goods and merchandise, by what name soever they be known, 3d. in the pound at the entry of those goods and merchandise into our realm and power aforesaid within fifteen days after such goods and merchandise shall have been brought into our realm and power and there unladen or sold; and likewise 3d. on each pound of silver at the export of any such goods and merchandise bought in our realm and power aforesaid, beyond the ancient customs before given to us or others; and touching the value and estimation of such goods and merchandise whereon 3d. on each pound of silver, as is aforesaid, are to be paid, credit shall be given to them by the letters which they shall show from their lords or fellows, and if they have no letters, it shall stand in this behalf by the oaths of the merchants, if they be present, or of their yeomen in the absence of the same merchants. It shall be lawful, moreover, for the fellows of the fellowship of the merchants aforesaid to sell wools within our realm and power aforesaid to other their fellows, and likewise to buy from the same without payment of custom, so, nevertheless, that the said wools come not to such hands that we be defrauded of the custom due to us.
And furthermore it is to be known that after the said merchants shall have once paid in the form aforesaid in one place within our realm and power the custom above granted to us for their merchandise, and have their warrant thereof, they shall be free and quit in all other places within our realm and power aforesaid of payment of such custom for the same merchandise or wares by the same warrant, whether such merchandise remain within our realm and power or be carried without, except wines which shall in no wise be taken out of our realm and power aforesaid without our will and license, as is aforesaid. And we will, and for us and our heirs we grant that no exaction, prise or prest or any other charge be in any wise imposed on the persons of the merchants aforesaid, their merchandise or goods, against the form expressed and granted above. These witnesses:--the venerable fathers, Robert, archbishop of Canterbury, primate of all England, Walter, bishop of Coventry and Lichfield, Henry de Lacy, earl of Lincoln, Humphrey de Bohun, earl of Hereford and Essex and constable of England, Aymer de Valencia, Geoffrey de Geynvill, Hugh le Despenser, Walter de Bello Campo, steward of our household, Robert de Bures and others. Given by our hand at Windsor, 1 February in the 31st year of our reign.
[Footnote 251: From the confirmation by Edward III, see _Fædera_, II, ii, 747; the charter is not among the enrolments of Edward I. These customs were known as the petty custom, and this charter as the _Caria Mercatoria_.]
[Footnote 252: Tolls for the repair of walls, bridges and streets.]
[Footnote 253: i.e. Wholesale.]
7. ADMINISTRATION OF THE SEARCH FOR MONEY EXPORTED [_Chancery Miscellanea_, 60, 5, 153], 1303.
To the most excellent lord, the lord prince Edward, by the grace of God King of England, Lord of Ireland, Duke of Aquitaine, his humble and devoted mayor and bailiffs of the town of Southampton, obedience, reverence and honour. We have received your command in these words:
Edward, by the grace of God, King of England, Lord of Ireland and Duke of Aquitaine, to his mayor and bailiffs of Southampton, greeting. Because we have learnt by an inquisition which we lately caused to be made by our beloved and trusty Robert de Glamorgan and John de la Lee, that Pelegrin de Castello, our merchant of Bayonne, wished to take the 24l.--which you, believing that he wished to carry the same to parts beyond the sea against our prohibition that no man should carry any money or silver in bullion out of our realm, arrested on that account in a ship in our port of Southampton,--to the parts of Devon and Cornwall to buy there lead and tin and other merchandise, and not to parts beyond the sea against the prohibition aforesaid, as you charged against him: We command you, as we have before commanded, that, if the aforesaid 24l. have been arrested for the cause aforesaid and no other, then you cause the same to be delivered without delay to the aforesaid Pelegrin, or that you signify to us the cause wherefor you have refused or were unable to execute our command before directed to you thereon.
Wherefore we signify to you that the searchers of the town of Southampton aforesaid, by your writ of the wardrobe sealed with your privy seal directed to the said searchers on 7 January commanding the said 24l. to be brought to Odiham and delivered there into your said wardrobe [paid and delivered the same], of which payment and delivery of the said 24l. so made the aforesaid searchers have a due acquittance of receipt. And by the tenour of these presents we signify that for no other cause were the aforesaid 24l. arrested, save only in the form aforesaid. In witness whereof we transmit to you these our letters sealed with our seal. Given at Southampton, 9 March.
Wherefore the same Pelegrin sues for a writ of the lord the King to be directed to the keeper of the wardrobe of the lord the King, for satisfaction to be made to him according to the form of the return of the writ.
8. PROVISIONS FOR THE CURRENCY [_Fine Roll, 9 Edward III. m. 10_], 1335.
The King to the sheriff of York, greeting. Forasmuch as we have heard that many folk beyond the sea strive to counterfeit our good money, the sterling of England, with worse money, and to send this bad money into our realm, to the deception of us and the damage and oppression of our people if a remedy be not set thereto; we, willing to prevent such damages and oppressions, and to provide a suitable remedy hereon and that our said good money may be multiplied within our realm and the lands of our power, to the profit of us and our subjects, by assent of the prelates, earls and barons of our said realm assembled in our Parliament holden at York on the morrow of the Ascension last past, have ordained and established the things that ensue in the manner underwritten:--
First, it is provided that no man of religion or other henceforth carry the sterling out of the realm of England, nor silver in plate, nor vessels of gold or silver, on pain of forfeiture of the money, plate or vessel that he shall carry, without special licence from us.
Further, that no false money nor counterfeit sterling be brought into the realm or elsewhere in our power, on pain of forfeiture of the money; so always that all folk of what realms or power soever they be, may safely bring to the exchanges for bullion and not elsewhere silver in plate, vessels of silver and all manner of moneys of silver, of what value soever they be, save false money and counterfeit sterling, and there receive good and suitable exchange.
And that no sterling halfpenny or farthing be molten to make a vessel or other thing by goldsmiths or others on pain of forfeiture of the money so molten, and that the goldsmith or other who shall have so molten it, be put in prison and there stay until he shall have rendered to us the moiety of that which he shall have so molten, notwithstanding charter or franchise granted or used to the contrary.
And that all manner of black money now commonly current in our realm and power be utterly excluded, so that none be current after the month next after proclamation be made, on pain of forfeiture of the same money.
And that every man who will sue for us against such as shall commit fraud against this ordinance be admitted hereto and have the fourth penny of that which shall be so deraigned at his suit to our profit.
And that the mayor or bailiffs in every port where merchants and ships are take oath of the merchants and masters of ships going and returning that they will commit no fraud against this ordinance in any point.
And that there be a table of exchange at Dover and elsewhere where and when it shall seem good to us and our council to make exchanges. And that the wardens of the said tables make exchanges by testimony of the controllers whom we will appoint there.
And that no pilgrim pass out of our realm to the parts beyond the sea except at Dover, on pain of imprisonment for a year. And that good ward and strict be made in all places on the seacoast in ports and elsewhere where there is any manner of landing, by good and lawful men sworn, who in our name shall cause diligent search to be made that none, of what condition or estate soever he be, take sterling money, silver in plate, or vessel of gold or silver out of our realm without our licence, nor bring into the said realm or power false money or counterfeit sterling, as is aforesaid, on the pains and forfeitures aforesaid. And the money, vessel or plate so forfeited shall be delivered at our exchanges by indenture, whereof the one part remaining with the searchers shall be delivered at the Exchequer, and by the same indentures the warden of the exchanges shall be charged with that which he shall have received.
And that the searchers have of our gift for all their work the fourth penny of as much as they find so forfeited. And if the searchers make release or show favour to any and be attainted hereof they shall be liable to forfeiture of as much as they shall have in goods; and that the hostlers in every port where there is passage shall be sworn to make search upon their guests in like manner as the searchers shall do, and shall have the fourth penny of that which they find forfeit to us, as the said searchers shall have. And it is our intention that the said searchers have power to search the hostels and to inform themselves of the doings of hostlers; and that the hostlers, in case they be found deceitful against the said articles, shall be punished and incur the forfeiture aforesaid.
Wherefore we command you, straitly enjoining, that forthwith upon sight of these letters you cause all the articles and points aforesaid to be cried and published in cities and boroughs, market towns, ports and all other places within your bailiwick, as well within franchise as without, where you shall see fit so to do; and that in all other places within your bailiwick where need shall be, except the places where such wardens and searchers shall be deputed by us, you cause such searchers and wardens to be established and sworn to keep and observe this our ordinance in the form aforesaid, on the pains contained in this form; and that you certify the Treasurer and Barons of our Exchequer without delay of the names of those who shall be hereafter assigned by you as searchers and wardens. Given under our great seal at York, 6th June in the 9th year of our reign.
In like manner command is given to the several sheriffs throughout England....
_The oath of the searchers._--You shall swear that you will well and lawfully make search of all the things contained in your commission whereof search ought to be made according to the commission, and that you will lawfully perform all the other things contained in the same, and that you will lawfully charge yourself with that which you shall find forfeited to the King and will make a lawful indenture thereof and render a lawful account, and that you will spare none for love or for favour, to have private gain, whereby the King may be a loser. So help you God and his saints.
9. OPINIONS OF OFFICERS OF THE MINT ON THE STATE OF ENGLISH MONEY [_Rot. Parl., III._, 126-7], 1381-2.
To our lord the King and to all the lords and commons of his realm, make known, as they have often done before these times without being heard, the officers over the moneys of the Tower of London, how for lack of good ordinance no gold or silver comes into England, but of that which is in England a great part has been and from day to day is carried out of the land, and that which remains in England by fault of the deceit of clippers and otherwise is become right feeble, and from day to day such damage increases. Wherefore please it you to take good counsel and remedy hereon, otherwise we, the said officers, warn you, and before God and before you we will be excused, that if you do not apply a speedy remedy thereto in short time to come, where you think to have 5s. you will not have 4s.
_Richard Leicester._--First, as to this that no gold or silver comes into England, but that which is in England is carried beyond the sea, I maintain that it is because the land spends too much in merchandise, as in grocery, mercery and peltry, or wines, red, white and sweet, and also in exchanges made to the Court of Rome in divers ways. Wherefore the remedy seems to me to be that each merchant bringing merchandise into England take out of the commodities of the land as much as his merchandise aforesaid shall amount to; and that none carry gold or silver beyond the sea, as it is ordained by statute. And let a good ordinance be made hereof, as well by search as otherwise. And so meseems that the money that is in England will remain, and great quantity of money and bullion will come from the parts beyond the sea.
As to this, that the gold is right feeble because of clipping, there seems to me no other remedy than that gold be generally weighed by those who shall take it; and hereon let proclamation be made, and this will be a smaller loss than to change the money, as may be more fully declared.
As to this, that there is a great lack of halfpence and farthings, the Master is bound by his indenture to make halfpence according to the quantity of his work of silver. Let the Warden of the Mint be charged to survey that the Master of the Mint do in all points that which appertains to his office.
As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed. And to change the money in any manner seems to me universal damage to the lords, commons and all the realm, as may be more fully declared.
As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of moneys, as well of Flanders, Scotland and all other countries beyond the sea whatsoever, be forbidden from having any currency in England, and that none take them in payment except to bring them for bullion to the coinage of our lord the King.
Further, it will be altogether for the better and a very great profit to all the commons, that of the gold money now current, which is so clipped and otherwise impaired, that of this money, when it shall come to the Tower and to the coinage, henceforth our lord the King take for his seigneurage, and the Master for the work for him and his other officers, nothing more than 10d. in the pound.
Further there will be an increase of the money and profit to the whole realm if of all other bullion the King take only 12d. for his seigneurage and the Master of the Mint 12d. for his work.
_Lincoln, Goldsmith._--To the noble lords of the Council of our lord the King, touching the charge which you have given me, please you to take note of this answer.
Touching the first article, that gold and silver is taken out of the realm, the first remedy against this is that no clerk or purveyor be suffered to take any silver or gold or to make any exchange to be taken to the Court of Rome, and no merchant be suffered to pay any money but only merchandise for merchandise; and also that the money of the Noble, at the same weight that it now is, be put at a greater value.
And touching the second article, the remedy is that all the money be of one weight, so that the money that is not of the weight ordained be bought according to the value.
And touching the third article, the remedy is that halfpence and farthings be made in great plenty.
And touching the fourth article, the remedy is that there be one weight and one measure throughout the realm and that no subtle weight be suffered.
And touching the fifth article, the remedy is contained above in the first article.
_Richard Aylesbury._--As to this, that no gold or silver comes into England, but that which is in England is carried beyond the sea, we maintain that if the merchandise which goes out of England be well and rightly governed, the money that is in England will remain and great plenty of money will come from beyond the sea, that is to say, let not more strange merchandise come within the realm than to the value of the denizen merchandise which passes out of the realm.
Further he says that it were good if the Pope's Collector were English and the Pope's money were sent to him in merchandise and not in money, and that the passages of pilgrims and clerks be utterly forbidden, upon pain, etc.
And as to this, that the gold is too feeble because of clipping, there seems to us no other remedy than that the gold be generally weighed by those who shall take it, and hereon let proclamation be made.
As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed, and to this we dare not assent for the common damage that might befall.
As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of money of Scotland be forbidden. Let other moneys also that come from beyond the sea have no currency in England, and let none take them in payment except at the value to bring for bullion and to the coinage of our lord the King. And let none take gold or silver out of the realm beyond the sea, as it is ordained by Statute, and hereof let good ordinance be made as well by search as otherwise.
And further he says, if it please by way of information, that [it would be well] if the pound of gold that is now made in the Tower to the sum of 45 nobles (which pound, because the money thereof is so clipped and otherwise impaired, is worth at present, taking one with another, 41-1/2 nobles), were made into 48 nobles, the noble to be current at the present value; and let the King and the Master and other officers of the Mint take 20d. in each pound for the seigneurage and work and every other thing.
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