CHAPTER II

THE TOWN MARKET

CLOSE under the sheltering walls of the parish church we may look for

the market of a mediæval town, with stalls leaning against the building

where possibly the first beginnings of trade had found shelter, where

before any market was held the people of the neighbourhood assembled on

feast days and sold meat and bread at the church without fear of being

called on for any payment for toll and stallage;[46] and in which,

after the community had been endowed with market rights, the rulers and

governors of the market met, the guardians of its weights and measures,

the makers of its laws, the assessors of its tolls, the supervisors

of its wares. There, while the national government was drifting in

perplexity at the mercy of court factions, agitated by problems of the

King’s civil list, pensions to nobles, and the conquest of France,

the towns were rapidly sketching out their commercial system and

tentatively laying down the main lines into which the national policy

was ultimately to be driven.

The market had long been kept out of view by its more showy predecessor

the fair—the offspring of an immemorial antiquity, whose very name[47]

betrays its origin in the ancient gatherings at feasts heathen or

Christian, and reveals it as an institution derived from old tribal and

national usages. Gradually expanding in later times with the growth

of the royal prerogative and necessities of commerce, and drawing

to its miscellaneous gatherings strange merchants fetched from far

and near, the fair had a brilliant history of its own; it had given

birth to universal commerce and watched over its growth; it became

the foster-mother of the Merchant Law; even now it still appears with

the lavish airs of an antique benefactor casting on the green its

faded gifts of holyday and merry-go-round and quack delights. But as

long ago as the fifteenth century the superannuated fair was already

falling into a slow decrepitude, and giving place to its successor,

the product of a later order of things.[48] For the market had another

origin and might trace back its descent to the traditions of the

Roman _municipia_, and claim the Roman Pandects for its sponsors, and

show itself fortified by customs and modes of administration handed

down to England with many another legacy from the laws of the Frankish

kings.[49] With all its air of being the very work and possession of

the people, the market was by descent no popular or tribal right; it

was the king’s prerogative; its tolls and customs were regulated by

the authority of the Justices of the King’s Bench, and its prices were

proclaimed by the king’s Clerk of the Market.[50]

What kings could not themselves profitably enjoy, however, was

generally to be bought at some reasonable price. The privilege of

holding a market could be transferred as a franchise to a subject, and

the whole market system in England grew up by means of royal grants of

monopolies to individuals or to corporations. Between the years 1200

and 1482, almost 5000 local centres of organized trade were established

by grants of markets and fairs,[51] and the towns were naturally well

to the fore in securing whatever bargains were being distributed. But

the origin of the privilege was always independent in theory of the

ordinary municipal franchises;[52] and in many important boroughs

freedom from the Steward and Marshal of the Household and the royal

Clerk of the Market was one of the last rights given to the people.[53]

Closely connected with the right to hold a market was the right to keep

a Beam or Steelyard with its weights, a yard measure, and a bushel.[54]

On the day that each new mayor entered on his office, he received from

his predecessor the common chest, the town treasure, and the standard

measures; and was required forthwith to send out his councillors to

the house of every shopkeeper, baker, brewer, or innkeeper, that they

might carry all bushels, gallons, quarts, yards, or weights back to

the Mayor’s house to be compared with the standard models and duly

sealed.[55] Thenceforth it was his business to make war on spicers and

grocers who sold by horn or aim of hand or by subtlety deceived the

poor commons, on brewers who used cups and dishes instead of lawful

measures,[56] on drapers who measured after their own devices, on

weavers who used stones and not sealed weights to buy their wool; even

merchants of the Staple and country squires and foreign dealers brought

their wool to the “Trove” or Balance, with a fee for the “Fermour of

the Beme,”[57] as soon as general trade proved the inconvenience of a

variety of local weights, or of the primitive method of using stones

which still survived in the fifteenth century, when a Yorkshire steward

writes to his master, “I have a counterpoise weight of the weight stone

that the wool was weighed with, and that ye see that the stone be kept

that the shipman brings.”[58]

Thus the market with its Beam and measures became the source and centre

of an activity absolutely new—an activity which crowded the roads not

only with merchants and chapmen, but with the new race of carriers

that was created at the end of the fourteenth century to transport the

dealer’s wares throughout the length and breadth of the country.[59]

Dealers and manufacturers gathered in groups round the central Cheap

and its Balance with authentic sealed weights, and gave the names of

their several trades to the alleys in which butchers or milksellers

clustered together, or where spurriers and goldsmiths had their shops,

and grocers, mercers, wool-dealers, and cloth merchants were ranged

in ordered ranks round the Guildhall for the greater convenience of

the municipal officers. What the new movement meant we can see in the

change that passed over the face of English boroughs. The first sight

of a mediæval town must have carried little promise to the visitor. We

have a lively picture of the state of Hythe given by the presentments

of its reforming jury in the beginning of the fifteenth century, from

which it is not easy to understand how the inhabitants ever made their

way about the town at all. Streets were choked with the refuse of the

stable, made impassable by the “skaldynge de hogges,” flooded by the

overflow of a house, drowned by the turning of a watercourse out of

its way or the putting up of a dam by some private citizen heedless

of all consequences to the public road. Timber dealers cast trunks of

trees right across the street, dyers poured their waste waters over

it till it became a mere swamp, builders blocked it up utterly with

the framework of their new houses, and traders made their wharves

upon it. Not only the most thriving and respectable merchants, such

as the Honywodes, but the butcher and swine-keeper as well, threw the

waste of house and shambles and swine-cote into the open street till

there was scarcely any passage left for the wayfarer; or established

a “hoggestok,” “which smells very badly and is abominable to all men

coming to market, as well as to all dwelling in the town,” say the

jury. There was hardly a street or lane which was not described as

“almost stinking and a nuisance.” The “Cherche Weye” was occupied by

the pits of a skinner. “There was no carrying through Brokhellislane.”

The street by which the procession went on Holy Thursday, the day of

perambulation of the town, could scarcely be traversed. Everywhere

gates and bridges were falling to decay, ditches unrepaired, and hedges

overgrown; and one offender who had obstructed a road by neglecting to

repair the ditches found an easy way of escape from his obligations

by a courtesy to the Bailiff—“the dyeing of two cloths that the said

ditches may not have to be repaired.” Worse still the Holy Well was

choked with refuse, and so was the well in West Hythe, and “the water

in the cart of Geoffrey Waterleader by which the whole community is

refreshed” was equally obstructed and spoiled by the refuse of the

butchers’ shambles. It is no wonder that pestilence devastated Hythe in

1412, as throughout the century it swept over one town after another.

But it has been calculated that even without the aid of pestilence the

ordinary mortality of a borough in the Middle Ages was almost equal to

that of a town during a visitation of cholera to-day. Even the first

well-meant efforts of Corporations to shut pigs out of their streets

and banish wandering dogs, by levying fines from any inhabitant who

had an “irrational animal going about” in the churchyard[60] or the

market, doubtless added to the dangers of pestilence by removing the

only scavengers known to the early borough.

Nor was this the condition of the smaller towns only. In Nottingham,

a thriving and prosperous borough, we read in the same way of

streets blocked with piles of cinders cast out smoking hot from the

bell-foundry or the iron workshops, or with heaps of corn which the

householders winnowed, or as they said “windowed,” by the simple method

of throwing it from an upper window or door into the street that the

wind might carry away the chaff.[61] In the yet wealthier manufacturing

city of Norwich the market place was not yet paved in 1507, but a

judicious order was issued that no one should dig holes in it to get

sand without the mayor’s licence.[62] The very attempt to get access

to a town was often not wholly free from peril. In 1499 a glover from

Leighton Buzzard travelled with his wares to Aylesbury for the market

before Christmas Day. It happened that an Aylesbury miller, Richard

Boose, finding that his mill needed repairs, sent a couple of servants

to dig clay “called Ramming clay” for him on the highway, and was in

no way dismayed because the digging of this clay made a great pit in

the middle of the road ten feet wide, eight feet broad, and eight feet

deep, which was quickly filled with water by the winter rains. But

the unhappy glover, making his way from the town in the dusk, with his

horse laden with paniers full of gloves, straightway fell into the

pit, and man and horse were drowned. The miller was charged with his

death, but was acquitted by the court on the ground that he had had

no malicious intent, and had only dug the pit to repair his mill, and

because he really did not know of any other place to get the kind of

clay he wanted save the highroad.[63]

All this heritage of squalor and rough disorder however was no longer

accepted without protest. Old abuses were brought to light and

denounced.[64] Towns were swept and garnished, stately market crosses

set up, and new Guild-halls everywhere built with shops and stalls and

storage rooms for the traders. A new interest was awakened in the state

of streets[65] and lanes and central squares when waggons and pack

horses began to struggle through the mire with their loads on market

day. And as travellers multiplied—busy men intent on bargains, traders

flocking to buy and sell, mayors and clerks of distant boroughs come

to negociate a commercial treaty, men of law having the conduct of a

new charter, common earners—all travellers who no longer cared (and

some of them for very obvious reasons) to depend on the hospitality of

monasteries, the towns with one accord began to provide inns where, to

the greater profit of the community, such men might turn for shelter;

and the more luxurious among them might discover good cheer which

demanded a grateful entry—“paid for our bed there, and it was well

worth it, witness, a feather bed 1_d._”[66] Everywhere a new order

reigned under the busy rule of the municipal officers, as they leased

out the market stalls and sheds,[67] appointed the corresponding

pews in the church, allotted storage rooms in the Guildhall, issued

licenses to alien traders, and controlled the wayward will of the

sellers by regulating their prices and their profits. Goods landed at

the wharves of a seaport were delivered up to the public porters and

measurers of the Strand[68] employed by the town to unload vessels

with pulleys and ropes supplied at the common expense, and to carry

them to the appointed place for toll or for inspection; and the

town brokers—public officers sworn to make no private profit while

they held their posts—conducted bargains in the name of the whole

community,[69] freighted vessels, and measured cargoes of corn or

canvas or cloth. Before the mayor the endless officials of the market

were sworn—the clerk of the market who had to search and survey

all victuals, the sergeant who carried the toll-box on market days

after the bailiffs,[70] the “leave-lookers,” the “decennaries,” the

“prud’hommes,”[71] the butchers chosen to oversee the meat market,

the men appointed to control the sale of fish and poultry, the common

weigher, and so on through the long and various list of officials.

A vast system of ingenious and elaborate regulations[72] marked the

long effort of the townspeople to carry out in their new markets the

apparently simple end which lay at the heart of the democracy, that

food and necessaries of life both good and cheap should be within the

reach of every man. According to the theory which still held its ground

in the sixteenth century that “victual being a necessary sustenance

for the body should not be esteemed at the seller’s liberty,”[73] a

fixed price was set on all provisions. Hence the Assize of Bread[74]

(apparently quite neglected by the feudal lords[75]) and the Assizes

of Beer and of Wine were secured by the towns, whether as a part of

their market rights or as an independent privilege.[76] Victuallers

were closely watched lest in selling meat, eggs, butter, or oatmeal

they should take “excess lucre upon them, selling that is to say more

than 1_d._ in the shilling;”[77] innholders were allowed a penny of

gain on every bushel of corn and a half-penny on every seven pounds of

hay, so that if a man could buy a bushel of corn[78] for 2_s._ 8_d._

he was not allowed to sell it for 3_s._; tavern-keepers might have

twopence profit on a gallon of white or red wine, and on sweet wines

brought by Italian merchants, fourpence;[79] cooks must make their

meat “well seasoned and wholesome, and sell it for reasonable winning,

and that they reboil nor rebake no meat in hurt of the King’s people;”

while fishmongers—a class most important in the mediæval world, and

among whom it was impossible to prevent the growth of the middleman,

were subjected to endless regulations.[80] In the unceasing effort to

save themselves from dearth or from fraud the poor commons had their

authorized protector in the Mayor—a protector who on entering office

took oath before the community not only to obey the King but also

to serve the people, and to “keep truly correction on all bakers and

brewers and taverners and cooks and such like people.” No sooner was

the Mayor of Bristol installed than he was bound to call all the bakers

of the town to the Guild Hall, to understand from them what stuff they

had of wheat, to counsel them in their buying and bargaining with the

“Bagers” who brought corn to the town, and to decide on the size of the

loaves. Then all the Bristol brewers were summoned before him, that

he might commune with them about the cost of malt, and decree a fixed

price which no brewer might evade or alter. In like manner he proceeded

to set a price on wood “by his wise discretion,” and to order the hours

of its sale; and he had to examine the colliers’ sacks, and to assure

himself that standard measures for coal were set in the proper places

of the town. Further, throughout the year it was his duty constantly

to watch that his ordinances were duly observed. Occasionally his

walk was extended along the river side, that he might keep an eye on

the timber trade and observe whether the great wood called Berkeley

wood was discharged at one quay, and the smaller faggots at another

landing-place; and that he might from spring to spring watch prices,

and see that there was small wood enough to supply the poor people with

bundles at 1/2_d._ or 1_d._ kept at the “Back,” a waterside street

where the merchants’ stores were piled. At divers times he went to

oversee the quality of the bread and try its weight (for which perhaps,

as at Sandwich, he engaged a goldsmith who was liberally paid for his

experience at the scales); while at Christmas, or whenever there was

holiday or a pilgrimage in the town, it was his business to make sure

that there was bread enough in the shops to supply all needs. And in

order to know certainly that the brewers not only made good ale for

the rich but also a cheap small drink for the poor, on Wednesdays and

Saturdays he was “used to walk in the mornings to the brewers’ houses,

to oversee them in serving of their ale to the poor commons of the

town, and that they have their true measures; and his ale-konner with

him to taste and understand that the ale be good”[81]—a very necessary

task if we accept the picture given us in Piers Ploughman of the

typical beer-seller of his day—

“Yea, bawe,” quoth a brewer, “I will not be ruled,

By Jesus, for all your jangling after _spiritus justicie_;

Nor after conscience, by Christ, for I could sell

Both dregs and draff, and draw at one hole

Thick ale and thin ale, and that is my kind,

And not to hack after holiness; hold thy tongue, Conscience!

Of _spiritus justicie_ thou speakest much and idle.”[82]

The Nottingham jury a century or two later would have drawn the same

picture. “Master Mayor,” they cry, “we beseech you to be good master to

us, and see a remedy for our brewers, for we find us grieved with them

all.”[83]

Nor did legislation stop here. The moment a trader came within reach

of a town he became the object of universal suspicion lest he should

be a dealer travelling with an alert intention to outwit the public

and force an artificial value in the market by some contrivance of

forestalling or regrating or engrossing—that is of intercepting

goods on the way to market in order to buy them more cheaply; of thus

buying at advantage to sell at increased prices; or of keeping back

goods bought at wholesale prices in order to sell them later at a

better value. A jealous watch was kept on him. He was not allowed to

do any business secretly or outside the proper limits, but “openly

in the market thereto assigned,” and even there he was ordered to

stand aside till the townsmen had come back from early mass and had

first been served with such stores of corn and malt, of butter and

poultry and meat as their households needed, and the bell struck the

hour when he might take his turn for what was left.[84] And as he

bought so must he sell only in the established and customary place;

and food once displayed on his shelf or stall could not be taken out

of the town unsold without leave of the bailiffs.[85] Any citizen who

helped a “foreign” merchant by buying or selling goods for him under

his own name lost his freedom.[86] Men who lived “upland”[87] were

rejected from the society of privileged traders of the towns, and

sharp distinctions such as we find at Worcester between the “citizens

denizen” and the “citizens foreign”[88] separated the folk within and

without the walls.[89] In one borough strangers’ stalls in the market

were separated from those of the burghers[90] so that they might not

hinder the townsfolk in their business; in another they were forbidden

to carry their wares from house to house;[91] here they might not sell

their goods with their own hands, there they must dispose of them

wholesale, or forfeit their entire stock to the town if they attempted

to sell by retail; elsewhere they had to wait for a given number of

weeks after their arrival before they could offer their merchandise

to the buyer; if for public convenience aliens were allowed to bring

into the market victuals[92] and a few other articles, the monopoly of

all valuable trade was kept in the hands of the burgesses or of their

Merchant Guild.[93]

It is however needless to multiply instances of monopoly. The system

was universal, and a curious attempt which was once made to establish

free trade at Liverpool died almost as soon as it was born. The

charter of Henry the Third contained the usual provision that members

of the Guild alone might trade in the borough, unless by consent of

the burgesses, but in a new charter of Richard the Second for which

he was paid £5 this clause was left out and free trade practically

established. No sooner however did Henry the Fourth appear in 1399

than the burgesses bought from him for £4 a fresh grant of privileges

with the former clause restored, and the old monopoly was consequently

reasserted, till oddly enough an outburst of religious bigotry

abolished trade restrictions; for seeing that the Liverpool Protestants

were shutting out Roman Catholics from their market, Queen Mary in 1555

proclaimed anew the charter of Richard the Second and the right of free

commerce.[94] Sometimes a lively smuggling trade betrays the weak side

of the monopolists’ position; as when Bristol claimed entire control of

all ports and creeks as high as Worcester, and the only lawful trade

left to Gloucester was the shipping of supplies, mostly of corn, to

Bristol. The shippers of Gloucester saw their chance of a rich lawless

traffic; small boats quickly and easily laden and drawing little water,

shot out of the channel by shallow passages where the bigger Bristol

ships could not follow them, and Irish vessels made their way direct to

Gloucester and escaped the heavy dues at the Bristol port; and while

Gloucester traders grew rich fast, the Bristol folk made complaint that

they were threatened with ruin.[95]

This elaborate system of trade regulation was no doubt mainly due

to the effort which men were forced to make, as centres of thicker

population grew up in a country where the carriage of goods[96] was a

slow and difficult matter, to protect themselves from violent changes

in the price of food;[97] while it is also possible that a society

which dictated wages and profits was naturally drawn on to undertake

the corresponding duty of fixing the value in food and clothing of

these wages and profits. It would seem that for some centuries the

cost of mere subsistence remained almost stationary; and even in

exceptional cases, like the Jubilee of 1420 which brought a hundred

thousand pilgrims to Canterbury, the corporation which had charge of

the preparations was able to ensure that there should be no increase in

the ordinary price of provisions.

It has been commonly held, however, that the old trade laws were not

only invented to protect the people’s food, but to protect wages

and profits as well; and they have been denounced as the outcome of

an ignorant selfishness; and as proving the belief of the mediæval

burghers that the industrial prosperity of the whole community could

only be assured by their securing so complete a monopoly of the entire

trade of the borough that they might themselves reap all the fruit

of their enterprise and gather wealth undisturbed—a belief to which

modern democracies (with one great exception) still cling, though

they throw a grander air over their creed now-a-days by discussing

protection in continents instead of protection in a little market

town. But it seems likely that protection in the modern sense had

scarcely anything to say to the great mass of mediæval legislation

about trade. No doubt it was the natural ideal of every craft to have

the State for its nursing-mother; but the voice of the crafts was lost

in the monotonous reiteration by the general public of their dominant

principle, that manufactures and commerce only existed for the benefit

of the whole community—the “poor commons of the realm,” to use the

phrase of that day. It was for _their_ protection that no unlicensed or

unregulated trade should be allowed to exist, that there should be no

fraudulent manufactures, no secret breaking down of barriers set up by

Parliament for the orderly division and control of crafts, no buying

and selling by forestallers, public enemies to the community and to

the country, hastening by land and by water to oppress the poor;[98]

and rules devised to check a public mischief or secure a public good

are no more to be classed as protective than regulations for the sale

of drugs or the licensing of public houses in our own day. Such rules

indeed were often as unsolicited by the trader as they were agreeable

to the public, and all his cunning was exerted to elude them. Some

little margin of profit was to be won beyond the city boundaries where

there was freedom from the city law and from the city tolls. Therefore

the London corporation complained that the butchers of London “who

have bought their freedom and are sworn of the franchise, do rent

their houses at Stratford and round Stratford, and never come at any

summons nor bear their part in the franchise of the city; but shut

out the citizens (resident butchers) in divers markets where they

ought to buy their wares, so that through them no wares they can get

to the great undoing of the citizens.”[99] Bakers withdrew themselves

“into the foreign” to avoid punishment for frauds.[100] Candlemakers

established themselves in the suburbs, and butchers were presented

“for selling of his tallow into the country and will not sell it to a

man within the town,”[101] or for carrying tallow in sacks at night

out of the city for the making up of candles; and being punished were

ordered to leave candle-making to the chandlers, who on their part were

commanded to keep within the boundaries. In Canterbury, where owing to

the great number of ecclesiastical tenants the main burden of taxation

was thrown on a part only of the population, and where doubtless taxes

were correspondingly high, there came a time at last when traders of

every kind, cloth-makers and brewers and bakers, carried their business

outside the “liberties,” so that according to the story of the mayor

and council “formerly there were divers and many habitations in which

of time past were kept good and notable households, by the which many

men and women were relieved and had their living and increase, being

now uninhabited and greatly decayed, and some of them fall to ruin and

utter destitution ... and it is well understood and known that the

principal cause thereof” was this wicked device of the independent

dealers, by which the tradesmen in the city who had to pay “tax,

tallage, and other impositions,” could not compete with those outside

and “have not the sale and utterance of their bread and ale, as they in

times past have had, to their great impoverishing, and manifold hurt

and prejudice to the commonweal of the said city.” The suburban bakers

sold their goods to “divers and many simple and evil disposed persons

of the city as well to Scots, Irish, and other, which in no wise will

apply themselves to any labour or other lawful occupations, but only

they live upon sale and huckstry of the said bread, beer, and ale, and

for that they have resorting unto them many vagabonds ... whereby many

well disposed persons be greatly annoyed and grieved.”[102] To restore

trade to its primitive simplicity a law was passed with clauses against

the mercenary Scotch and Irish, the troublers of the city’s peace,

and dealers were forbidden to sell their provisions “to no inhabitant

within the said city, but only to such persons as shall be thought by

the mayor and aldermen of good disposition and conversation.”[103]

The prejudice against unregulated trade was no doubt reinforced by

the hostility of the town dealer to competitors who throve at his

expense on illegal profits; but it was probably the governing body

of the town which maintained the most serious opposition to all

traffic that depended on the cheating of the common treasury of the

borough.[104] For no trifling part of the town revenue came, as we see

from the Nottingham records, from fines paid yearly by non-freemen for

the privilege of holding a stall in street or market. In Canterbury

“Tollerati” paid for the right of buying and selling during a limited

period, and at the end of the time renewed the right by a fresh payment

of what was called “Tolleration money”;[105] alien traders living

without the liberties, there known as “intrantes,” took in Romney the

name of “extravagantes.” Some towns shewed a jealousy of strangers,

dictated no doubt by special circumstances; as in Preston, where the

“Foreign Burgesses,” as distinguished from the “Inn Burgesses,” were

drawn from the country gentry and squires and some inhabitants of the

town,[106] and were merely freed from toll[107] for any goods bought

for the use of their families, but were allowed no other profits of

trade, and even though they were inhabitants had no right of common on

marsh or moor, nor could they join in the election of any town officer

nor be themselves elected;[108] while even with these restrictions no

trader who lived outside the walls was admitted among them,[109] and it

was only in course of time that alien dealers were gradually allowed

on payment of a fine to set up stalls in the market-place and carry on

their business under the name of “stallingers.” In general, however, an

open purse was all that was needed to commend a stranger; and if the

charge on it was sometimes excessive it seems to have been enforced

mainly as a means of persuasion to enter the Merchant Guild.

But for whatever reason the regulation of trade was thought desirable,

whether to protect the consumer’s pocket or to fill the town treasury,

it certainly was not intended to keep buyers and sellers at home, to

hamper their enterprise, or to abolish competition. If protection and

monopoly were allowed to look big, they were never allowed to get

seriously in the way of business. In theory and sometimes in fact iron

chains might be flung across the King’s highway, bars thrown athwart

the river, and custom house officers set at the gate to levy toll and

stallage.[110] But gates and bars and chains swung open everywhere

before the trader “if he have the penny ready to take to;” the guilds

enlarged their rolls for foreigners,[111] the towns granted them

their privileges liberally. Since a man could hold citizenship in

more than one borough a speculator or merchant doing business in a

large way might always circumvent the rules against foreign dealers

by being made citizen in some convenient trading centre as well as in

his own town,[112] and so obtain power to carry on the business proper

to an alien speculator with all the privileges of a resident burgher.

Every pedantic hindrance, indeed, was removed out of the way of his

enterprise, for a very slight study of town records disposes of the

idea that mediæval trade was ultimately governed by the formal laws of

statute books. Monopoly was broken through whenever it was advisable

or convenient for special occasions. Bakers and victuallers who rose

to municipal offices turned the assize of bread and the inspection

of cooking houses and fish stalls into an idle tale. In the hands of

merchants the laws of buying and selling were manipulated so as to

interfere neither with the free circulation of goods nor with the

instinct of the dealer to buy in the cheapest market and sell in the

dearest; and it was still left possible to carry food where it was most

needed, whether to supply a manufacturing centre such as Norwich or a

city which was rapidly doubling its population like London.[113] If

the law ordained that the forestaller was to be heavily fined for the

first offence; for the second to lose his merchandise and be put in the

pillory; and for the third to be deprived of the freedom of the city,

the law was simply ignored, or some trifling fine was inflicted—a

paltry sum which a prosperous trader might easily disregard.[114] In

fact it would almost seem that the actual result of the trade laws was

mainly to give the rich wholesale merchant an additional advantage over

the poor trader. Forestalling and regrating became the fashionable

privilege of town councillors and magnates who through their position

and their wealth found it doubly easy to evade local ordinances, of

London merchants who were buying all over the country to supply the

needs of the growing city, and of dealers on a large scale interested

in the export trade; while the terrors of the law served as an

effective deterrent to struggling hawkers and chapmen against meddling

with the profits won by more exalted speculators from a customary if

illegal traffic.

The real foundation of free trade throughout the country, however, and

that which alone gave any value to local arrangements and individual

privileges, is to be found in the early town charters, where this great

gift had a leading place. Almost the first boon asked for by a borough

was a grant which should make its burghers or its merchant guild quit

of tolls and pontage, and stallage and lastage, throughout the whole

kingdom, in fairs and throughout sea-ports, in lands on this and on the

other side of the sea; and give them power to buy and sell throughout

all England, within cities and without, all kinds of merchandise; with

the right to have stalls in other markets than their own without paying

stallage, and to buy in such markets at all hours and not only those

allowed to strangers. Each charter moreover had wrapped up in it a kind

of “favoured nation” clause which gave to boroughs “such liberties as

the city of London hath”—a clause which seems to have been interpreted

(at least as to one of its meanings) as implying the right for burghers

to buy and sell in gross in another town than their own on other than

market days, and that “they may have in this respect as much liberty as

the citizens of London.”[115]

In its wide and unstinted privileges a charter such as this—the grant

of a king who was lord of all fairs and markets—expressed the whole

spirit of free trade; at a word local monopoly and protection in its

true sense were swept away, and every market in the country opened

to any trader duly enrolled as a burgher or a member of the Merchant

Guild. The question indeed still bristled with difficulties. As the

king was constantly giving away or selling his rights, or part of his

rights, over markets, there were innumerable cases when the special

grant to one town to hold a market without disturbance, and the more

general license to its neighbour to consider itself free of all market

dues, were wholly irreconcilable; and the law held that no charter

of freedom could interfere with any earlier rights granted to any

other person or corporation to levy tolls on transport, on crossing a

bridge, on entering a gate, on taking up a standing in the market, or

the like. In cases where two charters were found to bestow conflicting

rights, therefore, the towns set their best lawyers to search out old

evidences and records, and to claim the protection of judges of the

King’s Bench or of Parliament for the grant that boasted of the greater

age.[116] The preliminary question of priority of rights having been

thus decided, the next step was to remedy the dead-lock of business to

which the two communities had been brought by means of formal treaties

such as nations make to-day, in which the right to levy toll and custom

was probably used as systems of tariffs have been used in modern

states—as a means of bribing or threatening refractory neighbours

into some concession of free trade.[117] Southampton made its separate

treaties with at least seventy-three towns or trading corporations

besides all the “honours” of the kingdom, releasing them from payment

of its tolls and customs; its burghers had their own compact with

Marlborough[118] in which they waived such privileges as they possessed

by their own earlier charter; with Bristol they settled the amount

of the tax to be levied on Bristol men who brought merchandise to

their market; they agreed with the men of Winchester that no tolls

should be asked on either side;[119] and in 1501 their treaty with the

Cinque Ports was ratified by “your lovers the bailiff and jurats of

Hastings.”[120] Undermined as they were on all sides, and with gaping

breaches everywhere, the walls of protection which the boroughs had

thrown up round their markets certainly formed no impediment to the

movement of local trade. Before the impatience of traders greedy for

gain, artificial frontiers and barriers and tariffs were swept away,

and from little self-contained communities where the cottagers grew

their own food and spun their own wool and asked scarcely anything

from outside save fish and salt and a little iron, the boroughs grew

rapidly into centres of expanding commerce. To supply their needs or

their luxuries they despatched their traders far and wide. When Ely

sent for John of Gloucester, the famous bell-founder, to make the four

great bells for the cathedral, messengers had to go to Erith for clay,

and to Lynn and Northampton for copper and tin.[121] The Nottingham

goldsmith was employed to repair the cross in Clifton Church, and its

“alablaster man” supplied the faithful in London with little statues of

the Baptist in appropriate shrines.[122] Buyers of wool and sellers of

cloth, saddlers, butchers, fishmongers, hawkers of all sorts, obtained

from the mayor and commonalty of their borough letters of free passage

throughout the kingdom for the carrying on of their business[123] and

kept up incessant intercourse between town and town. Everywhere busy

forestallers were on the look out for eggs and meat and corn, and

bought up supplies all over the country for London or some big town or

for the export trade, or turned their privileges under the clause of

London liberties into a means of buying wholesale all the week long as

regrators in order to sell at a profit on market day, while on that day

itself they were out at cock-crow to buy privately when the citizens

were at mass, so that by six o’clock there was nothing left in the

market for the good folk of the town.[124]

As we look at this mighty volume of commerce pouring from town to town

with a steady force that swept all obstacles out of its channel, we

may well begin to doubt whether the burghers of the middle ages were

indeed stupidly putting their necks under a hard yoke of arbitrary

law, and wilfully destroying their own prospects by preferring bondage

to freedom, or sacrificing general prosperity to local greeds. The

mediæval system, until it began to fall into the decay that precedes

death, was in fact the minister to fine and worthy ends. In a society

where few rights existed save by way of privilege, the trading

“communitas,” whether the borough or the guild, did actually serve

as the great engine for the abolition of restrictions, for extending

privilege, and throwing open a national commerce. There was a time

when every new chartered association was an actual widening of free

trade; and a man entered the community of a town for the same reasons

that he might to-day take out letters of naturalization in a country

where his business lay—not to be ensured against competition, but to

share in all commercial privileges which it had won by treaty, and

in case of peril to own the protection of its flag. Each town had

its own privileged “community” and recognized the “community” of the

neighbouring borough; and it was by this mutual recognition only that

intermunicipal treaties became possible, or that any borough could

ascertain the limits of its responsibility for members in foreign fair

or market, could pledge itself to the fulfilment of its treaties, or

have any guarantee for redress in case of wrong.[125] In the detailed

municipal legislation about debt and surety and mutual responsibility,

about punishment of violence, the suppression of an individual traitor

to the common weal, the protection of a community from false dealing of

any of its confederate states, we may plainly see how local monopolies

had come to be far more significant from the point of view of public

order and general intercourse than of private wealth. Monopoly and

protection in fact had put on the garb of a necessary office and

service. Instead of gaolers who kept the trader fast bound at home,

they were the strong guardians who attended him as he went abroad,

the fore-runners who cut down before him the chains that barred the

highway, the ministers of justice that tracked out in his service the

fraudulent debtor, the pledges to him in every danger of the vigilance

and power of his native town. To each community they were the bonds of

a civil order and the tokens of a corporate fidelity.

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