THE REGULATION OF TRADE, INDUSTRY AND COMMERCE
1. Assize of Measures, 1197--2. Grant to the lord of a manor of the
assize of bread and ale and other liberties, 1307--3. An offence
against the assize of bread, 1316--4. Inquisition touching a proposed
market and fair, 1252--5. Grant of a fair at St. Ives to the abbot of
Ramsey, 1202--6. Grant of a market at St. Ives to the abbot of
Ramsey, 1293--7. Proceedings in the court at the fair of St. Ives,
1288--8. The Statute of Winchester, 1285--9. The recovery of debt on
a recognisance, 1293--10. Procedure at a fair pursuant to the Statute
for Merchants, 1287--11. The aulnage of cloth, 1291--12. The
Ordinance of Labourers, 1349--13. Presentments made before the
Justices of Labourers, 1351--14. Excessive prices charged by
craftsmen, 1354--15. Fines levied for excessive wages, 1351--16. Writ
to enforce payment of excess of wages to the collectors of a subsidy,
1350--17. Application of fines for excessive wages to a subsidy,
1351-2--18. Labour legislation; the Statute of 12 Richard II.,
1388--19. Labour legislation; a Bill in Parliament, 23 Henry VI.,
1444-5--20. Organisation of the Staple, 1313--21. Arguments for the
establishment of home staple towns, 1319--22. Ordinances of the
Staple, 1326--23. The election of the mayor and constables of a
Staple town, 1358--24. Royal letters patent over-ruled by the custom
of the Staple, 1436--25. Prohibition of export of materials for
making cloth, 1326--26. Commercial policy, _temp._ Edw. IV.--27. The
perils of foreign travel, 1315--28. Grant of letters of marque and
reprisals, 1447--29. Grant of liberties to the merchants of Douay,
1260--30. Aliens at a fair, 1270--31. Confirmation of liberties to
the merchants of Almain, 1280--32. Alien weavers in London, 1362--33.
The hosting of aliens, 1442--34. An offence against Stat. 18 Henry
VI. for the hosting of aliens, 1440--35. Imprisonment of an alien
craftsman, _c._ 1440--36. Petition against usury, 1376--37. Action
upon usury, _c._ 1480.
The documents in this section are suggestive rather than comprehensive.
No attempt has been made to illustrate the industrial and commercial
development of England as a whole; but its more important aspects are
indicated, and the machinery of administration outlined. Down to the end
of the thirteenth century industry is of local rather than of national
importance, and is regulated by custom rather than by law; while there
was undoubtedly considerable intercourse between town and town, the
conduct of trade, the oversight of conditions of labour, and the
settlement of disputes were matters for the townsmen themselves to deal
with in accordance with chartered rights or intermunicipal covenants.
For example, the unpaid debt of an individual burgess was exacted by the
_communitas burgensium_ to which the injured creditor belonged, from any
member of the _communitas burgensium_ to which the defaulting debtor
belonged, by the method of forcible seizure of goods. Although,
therefore, the state attempted to secure uniformity of weights and
measures and of cloth, and to maintain the quality and cheapness of the
necessaries of life in the interests of traders and consumers alike,
none the less the assizes of weights and measures and of cloth (No. 1),
of bread and ale (Nos. 2 and 3) and of wine, came to be regarded, as
might be expected in a feudal age, as franchises to be purchased by the
lord of a manor, or enforced by the elected officers of a town. The
regulation of trade and industry shares the characteristic features of
its environment.
The same is true of early commercial intercourse with foreign
communities. The right to hold a fair is a liberty granted by the crown
to a lord, and for centuries the great fairs were the chief
international marts (Nos. 4-7, 30). The freedom which alien merchants
enjoyed under a clause of _Magna Carta_ was extended by charters
granting privileges similar in detail to those procured by English towns
(Nos. 29-31), and it is not until the reign of Edward I. that a serious
attempt is made to nationalise regulation (Nos. 8-11). Thereafter
conflicts arise not only between the central legislature and the local
chartered body or privileged lord (No. 11), but between a growing
self-conscious merchant class and the alien communities which had
hitherto controlled the export and import trade of the country (Nos. 21,
22). The State assumes new responsibilities, and Parliament attempts to
standardise old and enforce new regulations for the nation at large
(Nos. 12, 18, 19, 25). The Statute emerges over against the Charter on
the one hand and the Ordinance on the other. The difficulties of
Parliament are twofold; it has to fight, first, against old concessions
which would be upheld by the Courts (No. 11), and second, against the
uncertain operation of the royal prerogative (No. 34). It has often been
urged that the mediæval statute was little more than the expression of
an ideal, and that administrative machinery was insufficient for its
adequate execution. The truth is rather that Parliament was one of
several competing regulative institutions, and that notwithstanding the
most punctilious and inquisitorial administrative methods, its measures
were neutralised by existing privileges and by fresh exemptions
extracted from a chronically bankrupt and insincere monarchy. That the
administration was not of itself ineffective is clear from the
enforcement of the Statutes of Labourers in the fourteenth century (Nos.
12-17) and of the Statute of 18 Henry VI restricting the freedom of
aliens in the fifteenth century (Nos. 33, 34). The Crown was always
preoccupied with the state of the revenue; statutes are enforced or
overridden, according as their operation will benefit or deplete the
Exchequer. It was the experience of centuries that gave point to queen
Elizabeth's affection for the prerogative. None the less great strides
were made in the fourteenth and fifteenth centuries towards the end
largely achieved in the Tudor period. The Elizabethan legislation sums
up and rounds off the work of the previous two hundred years. The
regulation of wages and of the conditions of labour (Nos. 12-19), the
protection of industry, commerce and shipping, making national trade an
important factor in international diplomacy (Nos. 20, 22, 25,27,28), the
emergence of a native mercantile class eager to win the export trade for
their own country by means of the staple (Nos. 20-24), the jealousy of
the alien, growing in intensity throughout the fourteenth and fifteenth
centuries (Nos. 21, 33, 34, 35), the development of a home cloth
manufacture competing with the best foreign products (Nos. 22, 25, 32),
and the provision of remedies against the mediæval bugbear of usury
(Nos. 36, 37), all assist in the gradual ripening of a national economy,
the fruits of which were gathered first in the Tudor era.
AUTHORITIES
The principal modern writers dealing with the subject of this section
are:--Rogers, _History of Agriculture and Prices_; Rogers, _Six
Centuries of Work and Wages_; Cunningham, _Growth of English Industry
and Commerce_; Ashley, _Economic History_; Ashley, _James van
Artevelde_; Cunningham, _Alien Immigrants_; Putnam, _The Enforcement
of the Statutes of Labourers_; Schanz, _Englische Handelspolitik
gegen Ende des Mittelalters_; Varenbergh, _Relations diplomatiques
entre le Comté de Flandre et l'Angleterre_; Ochenkowski, _England's
Wirthschaftliche Entwickelung im Ausgange des Mittelalters_;
Höhlbaum, _Hansisches Urkundenbuch_. See also the _English and
American Historical Reviews_.
Contemporary authorities:--Thomas Aquinas, _De Usuris_; Political
Poems and Songs (Wright, Rolls Series); Parliament Rolls (Record
Commission); Calendars of Patent, Close and Fine Rolls (Record Office
Publications).
1. ASSIZE OF MEASURES [_Roger of Hoveden, Rolls Series_, IV, 33], 1197.
It is established that all measures of the whole of England be of the
same amount, as well of corn as of vegetables and of like things, to
wit, one good horse load; and that this measure be level as well in
cities and boroughs as without. Also the measure of wine and ale and of
all liquids shall be of the same amount according to the diversity of
liquids. Weights and measures also, great and small, shall be of the
same amount in the whole realm, according to the diversity of wares.
Measures also of corn and liquids, wine and ale, shall have marks put
thereon,[195] lest by guile they can be falsified.
It is established that woollen cloths, wherever they be made, be made of
the same width, to wit, of two ells within the lists,[196] and of the
same good quality in the middle and at the sides. Also the ell shall be
the same in the whole realm and of the same length, and the ell shall be
of iron.
It is forbidden to all merchants throughout the whole of the realm that
any merchant set in front of his shop red or black cloths or shields or
any other thing, whereby the buyers' eyes are often deceived in the
choice of good cloth.
It is also forbidden that any dye for sale, save black only, be made
anywhere in the realm, except in cities or chief boroughs.
It is also established that in every city or borough four or six lawful
men of the same town, according to the size of the town, together with
the sheriff,[197] or with the reeves of the city or borough, if the same
be not in the hand of the sheriff, be assigned to keep the assize in
this form: that they see and be sure that all things are sold and bought
by the same measure, and that all measures are of the same size
according to the diversity of wares. And if they find any who shall be
confessed or convicted of having sold by other than the established
measure, his body shall be taken and sent to prison, and all his
chattels shall be seized into the hand of the lord the King, nor shall
he be delivered save by the lord the King or his chief justice. Touching
the keepers themselves it is established that if they perform this
keeping so negligently that they be convicted by others than themselves
before the justices of the lord the King of transgressing any written
assize either of measures or of the width of cloths, the keepers shall
remain at the mercy of the lord the King touching their chattels.
It is commanded also that after the feast of the Purification of St.
Mary no man in any county sell anything save by the ordained measure,
which shall be [everywhere] of the same size; nor after the fair of
mid-Lent at Stamford sell any cloth of smaller width than two ells
within the lists.
[Footnote 195: "_Inclaventur in eis claves._"]
[Footnote 196: The selvages.]
2. GRANT TO THE LORD OF A MANOR OF THE ASSIZE OF BREAD AND ALE AND OTHER
LIBERTIES [_Inquisitions ad quod damnum_, 63, 16], 1307.
_Nottingham._--Inquisition taken at Nottingham before William de
Chelardeston, sheriff of Nottingham, on Sunday, a fortnight after Easter
in the 35th year of the reign of King Edward, whether the lord the
King, without doing prejudice or injury to any man, can grant to his
beloved and trusty Peter Pycot that he and his heirs may have for ever
in his manor of Ratcliffe upon Soar, in the county of Nottingham, view
of frankpledge of his men and tenants of the same manor and whatever
pertains to such view, and amends of the assize of bread and ale broken
by the same men and tenants, and a pillory and a tumbrel and
"infangenethef"[198] and gallows for the execution of judgment, for a
fixed rent thereof according to the true value of the same liberties, to
be rendered each year by the hands of the sheriff of that county for the
time being to the lord the King and his heirs at their Exchequer, or
not, and if prejudice or injury should be done to any man by the grant
aforesaid, then to whom and in what manner and how, and how much the
liberties aforesaid to be possessed in the same manor can be worth
yearly according to the true value of the same, by the oath of Robert
Pouterel of Thrumpton.[199] ... Who say upon their oath that the lord
the King, without doing prejudice or injury to any man, can grant to the
aforesaid Peter Pycot that he and his heirs may have for ever in his
manor of Ratcliffe upon Soar view of frankpledge.[200] ... They say
further that all the liberties aforesaid in the said manor are worth 2s.
a year according to the true value thereof. In witness whereof the
aforesaid jurors have set their seals to this inquisition. Given at
Nottingham the day and year abovesaid.
[Footnote 197: Reading _simul cum vicecomite_ for _similiter in
vicecomitatu_.]
[Footnote 198: The right to take and judge thieves within the manorial
precincts.]
[Footnote 199: And eleven others named.]
[Footnote 200: And the other liberties specified above. For an
explanation of view of frankpledge, see note to Section IV., No. 5
above.]
3. AN OFFENCE AGAINST THE ASSIZE OF BREAD [_Guildhall, Letter-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.]