space of two years at the least in the craft of weaving, use or have in
his house or at his commandment any loom.
Item, that no clothier weaver using to make coloured clothes shall use,
have, or occupy in his house or at his assignment any more than one
loom.
Item, that if the cloth-maker have cause to complain upon the weaver for
not duly and truly working of their clothes or the weaver cause to
complain upon the clothier for not paying him his duty for the said
weaving, that then the party grieved shall complain to the next justice
of peace, and he shall assign one indifferent weaver and one indifferent
clothier to examine the cause of variance and to assess what amends the
party grieved shall have. And the party to stand and abide the order so
made.
Item, where it is ordered by the statute of anno 4 E. 4 _capitulo
primo_, that the clothier shall pay ready money to the weavers and
spinners and other their artificers, that the said statute shall be put
in due execution.
Item, if any clothier, tailor, cordwainer or other artificer, by what
name or names soever he or they be called, that hereafter shall fortune
to come out of any shire other than out of the said shire of Kent into
any of the 7 hundreds there to seek service and to have work, that then
he or they that will or shall happen to take him or them into his or
their service or services, shall before one of the justices of the peace
be bound unto the king by way of recognisance in such sum as by the
discretion of the said justice shall be appointed; that the said person
so by him taken into service shall be of good behaviour during the time
that he shall be in his service, and that the said justice be not
compellable to certify the same recognisance, unless the same
recognisance be forfeited. And this to be done from time to time, as
often as the justice of the peace shall think convenient. And if any man
retain any man in his service without putting in surety, as is above
said, that then the justice of the peace to have authority to commit
such person or persons to ward, there to remain by his discretion.
EDWARD WOTTON.
THOMAS WYLFFORD.
[Footnote 274: Quoted Schanz, Vol. II, pp. 660-1.]
2. ADMINISTRATIVE DIFFICULTIES IN THE REGULATION OF THE MANUFACTURE OF
CLOTH[275] [_Brit. Mus. Cotton MSS. Titus B. V, fol. 187_], 1537.
Before my right hearty commendations to your good lordship. It may
please the same to understand, that divers of the clothmakers in these
parts have been with me, declaring unto me, that in case they shall be
compelled to make cloth from Michaelmas forwards according to the king's
act, it shall cause them and other of their occupation to cease and
forbear clothmaking, saying, that it is impossible to keep the breadth
of the cloth limited by the act, and also that the weavers, being very
poor men, have not nor be able to provide looms and sleys to weave
clothes according to the act. Whereunto I answered them, that there is
much slander in outward parts for false clothmaking, and for remedy
thereof this act was provided; and or ever the act was made, there were
divers clothmakers spoken with, who affirmed, that it was reasonable;
wherefore I told them that I thought that they did rather seek occasion
to continue still false clothmaking, than put their good endeavour to
make true cloth according to the act; and also I shewed to them, that
the King's Highness had suspended the same act by a long time by his
proclamation, to the intent that they might provide looms and other
necessaries for the making of true cloth according to the act, wherefore
I marvelled much that they had been so negligent in the provision
thereof, declaring unto them, that I thought that the King's Highness
would not defer the execution of the act any longer; which it seemed to
me they lamented very sorely, saying that they would leave their
occupying for the time; for they could not by no possible means make
cloth according to the act, and specially for their breadth; and I bade
them take heed and beware, for I thought, they might perform the act, if
they had good will and good zeal to the common weal; and if they by
obstinacy or wilfulness would leave clothmaking, whereby percase might
grow murmur and sedition among the people for lack of work, that then it
would be laid to their charges, to their perils and utter undoings.
Whereunto they said obediently, that they would do that lay in their
possible powers, but more they could not, beseeching me, that I would
be a means to the King's Highness once again to suspend the act, which I
would not promise them to do, and so left them for this time in despair
of this matter; and so now advertise your good lordship thereof, to the
intent that, if it seem by your wisdom convenient, ye may move the
King's Majesty hereof to the intent, his Grace's pleasure may be known,
whether his Highness of his goodness would yet suspend the act for one
other year, which in my poor opinion, if so may stand with his Grace's
pleasure, shall not be much amiss, beseeching your good lordship, that I
may be advertised hereof as soon as you conveniently may; for Michaelmas
is the last day of the old proclamation for this matter; and thus fare
your good lordship as heartily well as I would myself. Written at
Terlyng the 23rd day of September.
Your[s] assuredly to his
preservation (?)
THOMAS AUDELEY,
lord chancellor.
[Footnote 275: Schanz, Vol. II, pp. 662-3.]
3. AN ACT TOUCHING WEAVERS[276] [_2 & 3 Phil. & Mary, c. xi. Statutes of
the Realm, Vol. IV, Part I, p. 286-87_], 1555.
Forasmuch as the weavers of this realm have, as well at this present
parliament as at divers other times, complained that the rich and
wealthy clothiers do many ways oppress them, some by setting up and
keeping in their houses divers looms, and keeping and maintaining them
by journeymen and persons unskilful, to the decay of a great number of
artificers which were brought up in the said science of weaving, their
family and household, some by ingrossing of looms into their hands and
possession, and letting them out at such unreasonable rents as the poor
artificers are not able to maintain themselves, much less their wives,
family and children, some also by giving much less wages and hire for
the weaving and workmanship of [cloth] than in times past they did,
whereby they are enforced utterly to forsake their art and occupation
wherein they have been brought up: It is therefore, for remedy of the
premises, and for the avoiding of a great number of inconveniences which
may grow (if in time it be not foreseen) ordained, established and
enacted, by authority of this present parliament, that no person using
the feat or mistery of clothmaking and dwelling out of a city, borough,
market town or corporate town, shall from the feast of St. Michael the
Archangel now next ensuing, keep, retain or have in his or their house
or possession any more or above one woollen loom at one time, nor shall
by any means directly or indirectly receive or take any manner profit,
gain or commodity by letting or setting any loom, or any house wherein
any loom is or shall be used and occupied, which shall be together by
him set or let, upon pain of forfeiture for every week that any person
shall do contrary to the tenour and true meaning hereof 20s.
And be it further ordained and enacted by like authority, that no
woollen weaver using or exercising the feat or mistery of weaving, and
dwelling out of city, borough, market town or town corporate, shall
after the said feast have or keep at any time above the number of two
woollen looms, or receive any profit, gain or commodity, directly or
indirectly as is aforesaid, by any more than two looms at one time, upon
pain to forfeit for every week that any person shall offend or do to the
contrary 20s.
And it is further ordained and enacted by like authority, that no person
which shall after the said feast, use, exercise or occupy only the feat
or mistery of a weaver, and not clothmaking, shall during the time that
he shall use the feat or mistery of a weaver, keep or have any tucking
mill, or shall use or exercise the feat or mistery of a [tucker] or
dyer, upon pain to forfeit for every week that he shall so do 20s.
And it is further enacted by like authority, that no person which after
the said feast shall use, exercise or occupy the feat or mistery of a
tucker or fuller, shall during the time that he shall so use the said
feat or mistery, keep or have any loom in his house or possession, or
shall directly or indirectly take any profit or commodity by the same,
upon pain to forfeit for every week 20s.
And it is further ordained and enacted by like authority, that no person
whatsoever, which heretofore hath not used or exercised the feat,
mistery or art of clothmaking, shall after the said feast, make or weave
or cause to be made or woven any kind of broad white woollen cloths, but
only in a city, borough, town corporate or market town, or else in such
place or places where such cloths have been used to be commonly made by
the space of ten years next before the making this act; upon pain of
forfeiture for every cloth otherwise made five pounds.
Provided always and be it further enacted by the authority aforesaid,
that it shall not be lawful to any person or persons being a weaver, or
that doth or shall use the art or mistery of a weaver or weaving,
dwelling out of a city, borough, town corporate or market town, to have
in his and their service any more or above the number of two apprentices
at one time; upon pain to forfeit for every time that he shall offend or
do contrary to this branch or article the sum of ten pounds.
And further be it enacted by the authority aforesaid, that it shall not
be lawful to or for any person or persons to set up the art or mistery
of weaving, after the said feast of St. Michael, unless the same person
or persons so setting up the same art or mistery of weaving, have been
apprentice to the same art or mistery, or exercised the same, by the
space of 7 years at the least; upon pain of twenty pounds to be
forfeited to the King and Queen's Majesties, her Grace's heirs or
successors, the one moiety of all which forfeitures shall be to the King
and Queen's Highnesses, heirs [and] successors, and the other moiety to
him or them that will sue for the same in any court of record by action
of debt, bill, plaint or information, wherein no wager of law, essoigne
or protection shall be admitted or allowed for the defendant.
... Provided always, and be it enacted by the authority aforesaid, that
this act or anything therein contained shall [not] in any way extend or
be prejudicial to any person or persons that doth or shall dwell in the
counties of York, Cumberland, Northumberland or Westmoreland; but that
they and every of them shall and may have and keep looms in their
houses, and do and exercise all and every thing and things for or
concerning spinning, weaving, cloth working and clothmaking in the said
counties, as they or any of them might have done or exercised lawfully
before the making of this statute; anything contained in this statute to
the contrary in any way notwithstanding.
[Footnote 276: This Act suggests that something like a factory system
may have been growing up in the sixteenth century: See Ashley, _Economic
History_, Vol. II, The Woollen Industry.]
4. ENACTMENT OF COMMON COUNCIL OF LONDON AS TO AGE OF ENDING
APPRENTICESHIP[277] [_Arber, Stationers' Records, I, p. xli_],[278]
1556.
For as much as great poverty, penury, and lack of living hath of late
years followed, ... and one of the chiefest occasions thereof, as it is
thought, ... is by reason of the over hasty marriages and over soon
setting up of households of and by the youth and young folks of the said
city [of London], which hath commonly used, and yet do, to marry
themselves as soon as ever they come out of their apprenticehood, be
they ever so young and unskilful, yea, and often times many of them so
poor that they scantily have of their proper goods wherewith to buy
their marriage apparel ... and forasmuch as the chiefest occasion of the
said inconveniences, as it is very evident, is by reason that divers and
sundry apprentices, as well of the said artificers as also of other
citizens of the said city, are commonly bound for so few years that
their terms of apprenticeability expireth and endeth oversoon, and that
they are there upon incontinently made free of the said city; ... for
remedy, stay, and reformation whereof it is ordained ... that no manner
of persons ... shall be any manner of ways or means made free of the
said city ... until such time as he and they shall severally attain to
the age of 24 years.
[Footnote 277: This enactment is interesting as offering a precedent
followed in the Statute of Artificers (No. 6 of this section), and as
showing one of the social reasons for compulsory apprenticeship, which
probably somewhat postponed the age of marriage. (See No. 11 of this
section.)]
[Footnote 278: Quoted Dunlop and Denman, _English Apprenticeship and
Child Labour_, pp. 52-3.]
5. WILLIAM CECIL'S INDUSTRIAL PROGRAMME[279] [_Hist. MSS. Com. MSS. of
the Marquis of Salisbury, Part I, pp. 162-3_], 1559. Considerations
delivered to the Parliament, 1559.
1. _Vagabonds._--That the statute I Edward VI, Chap, viii., concerning
idle persons and vagabonds being made slaves, now repealed, be revived
with additions.
2. _Labourers and Servants._--That the Statutes 12 Richard II, Chap.
iii, "that no servant or labourer at the end of this term depart out of
the hundred or place where he dwells," etc., and 13 Richard II, Chap.
viii., ordering the Justices at every session to appoint by proclamation
the wages of workers, etc., be confirmed with the addition "that no man
hereafter receive into service any servant without a testimonial from
the master he last dwelt with, sealed with a Parish Seal kept by the
constable or churchwarden, witnessing he left with the free license of
his master, penalty £10." So, by the hands of the masters, servants may
be reduced to obedience, which shall reduce obedience to the Prince and
to God also; by the looseness of the time no other remedy is left but by
awe of law to acquaint men with virtue again, whereby the Reformation of
religion may be brought in credit, with the amendment of manners, the
want whereof has been imputed as a thing grown by the liberty of the
Gospel, etc.
3. _Husbandry._--That the Statutes, 4 Hen VII, Chap. 9, "for re-edifying
houses of husbandry, and to avoid the decay of towns and villages," and
5 Edward VI, Chap. 5, "for maintenance of husbandry and tillage," be put
in execution.
4. _Purchase of Lands._--No husbandman, yeoman or artificer to purchase
above 5l. by the year of inheritance, save in cities, towns and
boroughs, for their better repair; one mansion house only to be
purchased over and above the said yearly value. The common purchasing
thereof is the ground of dearth of victuals, raising of rents, etc.
5. _Merchants._--No merchant to purchase above £50 a year of
inheritance, except aldermen and sheriffs of London, who, because they
approach to the degree of knighthood, may purchase to the value of £200.
6. _Apprentices._--None to be received apprentice except his father may
spend 40s. a year of freehold, nor to be apprenticed to a merchant
except his father spend £10 a year of freehold, or be descended from a
gentleman a merchant. Through the idleness of these professions so many
embrace them that they are only a cloak for vagabonds and thieves, and
there is such a decay of husbandry that masters cannot get skilful
servants to till the ground without unreasonable wages, etc....
[Footnote 279: Compare this with the following document (No. 6). It will
be observed that Cecil's proposals as to wages are more drastic than the
actual provision of the Statute of Artificers.]
6. AN ACT TOUCHING DIVERS ORDERS FOR ARTIFICERS, LABOURERS, SERVANTS OF
HUSBANDRY AND APPRENTICES [_5 Eliz. c. iv. Statutes of the Realm, Vol.
IV, Part I, pp. 414-22_], 1563.
I. Although there remain in force presently a great number of statutes
concerning ... apprentices, servants and labourers, as well in husbandry
as in divers other ... occupations, yet partly for the imperfection and
contrariety ... in sundry of the said laws, and for the variety and
number of them, and chiefly for that the wages and allowances limited in
many of the said statutes are in divers places too small ... respecting
the advancement of prices ... the said laws cannot conveniently without
the greatest grief and burden of the poor labourer and hired man be put
in due execution; and as the said statutes were at the time of the
making of them thought to be very good and beneficial ..., as divers of
them yet are, so if the substance of as many of the said laws as are
meet to be continued shall be digested and reduced into one sole law,
and in the same an uniform order prescribed ..., there is good hope that
it will come to pass that the same law, being duly executed, should
banish idleness, advance husbandry and yield unto the hired person both
in the time of scarcity and in the time of plenty a convenient
proportion of wages: Be it therefore enacted.... That as much of the
statutes heretofore made as concern the hiring, keeping, departing,
working, wages or order of servants, workmen, artificers, apprentices
and labourers ... shall be from and after the last day of September next
ensuing repealed....
II. No person after the aforesaid last day of September ... shall be
retained, hired or taken into service to work for any less time than for
one whole year in any of the sciences ... or arts of clothiers, woollen
cloth weavers, tuckers, fullers, cloth workers, shearmen, dyers,
hosiers, tailors, shoemakers, tanners, pewterers, bakers, brewers,
glovers, cutlers smiths, farriers, curriers, sadlers, spurriers,
turners, cappers, hat-makers or feltmakers, bowyers, fletchers,
arrowhead-makers, butchers, cooks, or millers.
III. Every person being unmarried and every other person being under the
age of thirty years that after the feast of Easter next shall marry, and
having been brought up in any of the said arts [etc.] or that hath
exercised any of them by the space of three years or more, and not
having lands, tenements [etc.] copyhold or freehold of an estate of
inheritance or for term of lives of the clear yearly value of 40s. nor
being worth of his own goods the clear value of 10l., ..., not being
retained with any person in husbandry or in any of the aforesaid arts
... nor in any other art, nor in household or in any office with any
nobleman, gentleman or others, ..., nor having a convenient farm or
other holding in tillage whereupon he may employ his labour, shall
(during the time that he shall so be unmarried or under the age of 30
years), upon request made by any person using the art or mystery wherein
the said person so required hath been exercised as is aforesaid, be
retained and shall not refuse to serve according to the tenor of this
Statute upon the pain and penalty hereafter mentioned.
IV. No person which shall retain any servant shall put away his said
servant, and no person retained according to this Statute shall depart
from his master, mistress or dame before the end of his term, upon the
pain hereafter mentioned, unless it be for some reasonable cause to be
allowed before two Justices of Peace, or one at the least, or before the
mayor or other chief officer of the city, borough or town corporate
wherein the said master [etc.] inhabiteth, to whom any of the parties
grieved shall complain; which said justices or chief officer shall have
the hearing and ordering of the matter between the said master [etc.]
and servant, according to the equity of the cause; and no such master
[etc.] shall put away any such servant at the end of his term, or any
such servant depart from his said master [etc.] at the end of his term,
without one quarter warning given ... upon the pain hereafter ensuing.
V. Every person between the age of 12 years and the age of 60 years not
being lawfully retained nor apprentice with any fisherman or mariner
haunting the seas, nor being in service with any carrier of any corn,
grain or meal for provision of the city of London, nor with any
husbandman in husbandry, nor in any city [etc.] in any of the arts ...
appointed by this Statute to have apprentices, nor being retained ...
for the digging ... melting ... making of any silver [or other metals,
coal, etc.], nor being occupied in the making of any glass, nor being a
gentleman born, nor being a student or scholar in any of the
universities or in any school, nor having [lands or goods, as above,
section 3], nor having a father or mother then living or other ancestor
whose heir apparent he is then having lands [etc.] of the yearly value
of £10 or above, or goods or chattels of the value of 40l., nor being a
necessary or convenient officer or servant lawfully retained as is
aforesaid, nor having a convenient farm or holding ... nor being
otherwise lawfully retained according to the true meaning of this
Statute, shall ... by virtue of this Statute be compelled to be retained
to serve in husbandry by the year with any person that keepeth husbandry
and will require any such person so to serve.
VI. [Penalty on masters unduly dismissing servants, 40s.: on servants
unduly departing or refusing to serve, imprisonment.]
VII. None of the said retained persons in husbandry or in any of the
arts or sciences above remembered, after the time of his retainer
expired, shall depart forth of one city, town or parish to another nor
out of the ... hundred nor out of the county where he last served, to
serve in any other city ... or county, unless he have a testimonial
under the seal of the said city or of the constable or other head
officer and of two other honest householders of the city, town or parish
where he last served, declaring his lawful departure, ..., which
testimonial shall be delivered unto the said servant and also registered
by the parson of the parish where such master [etc.] shall dwell....
VIII. [Penalty on a servant departing without such testimonial,
imprisonment or whipping; on any one hiring him, 5l.]
IX. All artificers and labourers being hired for wages by the day or
week shall betwixt the midst of the months of March and September be at
their work at or before 5 of the clock in the morning, and continue at
work until betwixt 7 and 8 of the clock at night, except it be in the
time of breakfast, dinner or drinking, the which times at the most shall
not exceed above 2 1/2 hours in the day ... and all the said artificers
and labourers between the midst of September and the midst of March
shall be at their work from the spring of the day in the morning until
the night of the same day, except it be in time afore appointed for
breakfast and dinner, upon pain to forfeit one penny for every hour's
absence to be deducted out of his wages.
X. [Penalty on artificers, etc., breaking contract with employers,
imprisonment and fine of 5l.]
XI. And for the declaration what wages servants, labourers and
artificers, either by the year or day or otherwise, shall receive, be it
enacted, That the justices of the peace of every shire ... within the
limits of their several commissions ... and the sheriff of that county
if he conveniently may, and every mayor, bailiff or other head officer
within any city ... wherein is any justice of peace, within the limits
of the said city ... shall before the 10th day of June next coming, and
afterward yearly at every general sessions first to be holden after
Easter, or at some time convenient within six weeks next following
Easter, calling unto them such discreet and grave persons of the said
county or city as they shall think meet, and conferring together
respecting the plenty or scarcity of the time and other circumstances
necessary to be considered, have authority within the limits of their
several commissions to rate and appoint the wages as well of such of the
said artificers ... or any other labourer, servant or workman whose
wages in time past hath been by any law rated and appointed, as also the
wages of all other labourers, artificers [etc.] which have not been
rated, as they shall think meet to be rated [etc.] by the year or by the
day, week, month or other wise, with meat and drink or without meat and
drink, and what wages every workman or labourer shall take by the great
for mowing, reaping or threshing [and other agricultural employment] and
for any other kind of reasonable labours or service, and shall yearly,
before the 12th day of July next after the said assessment made, certify
the same ... with the considerations and causes thereof into the Court
of Chancery[280]; whereupon it shall be lawful to the Lord Chancellor of
England [or] Lord Keeper upon declaration thereof to the Queen's Majesty
... or to the Lords and others of the Privy Council to cause to be
printed and sent down before the 1st day of September next after the
said certificate into every county ... proclamations containing the
several rates appointed ... with commandment ... to all persons ...
straitly to observe the same, and to all Justices [etc.] to see the same
duly and severely observed ...; upon receipt whereof the said Sheriffs,
Justices [etc.] shall cause the same proclamation to be entered of
record ... and shall forthwith in open markets upon the market days
before Michaelmas then ensuing cause the same proclamation to be
proclaimed ... and to be fixed in some convenient place ...: and if the
said sheriffs, justices [etc.] shall at their said general sessions or
at any time after within six weeks ... think it convenient to retain for
the year then to come the rates of wages that they certified the year
before or to change them, then they shall before the said 12th day of
July yearly certify into the said Court of Chancery their resolutions,
to the intent that proclamations may accordingly be renewed and sent
down, and if it shall happen that there be no need of any alteration ...
then the proclamations for the year past shall remain in force....
XII. [Penalty on Justices absent from sessions for rating wages, 5l.]
XIII. [Penalty for giving wages higher than the rate, ten days'
imprisonment and fine of 5l.; for receiving the same, twenty-one days'
imprisonment.]
XIV. [Penalty on servants, etc., assaulting masters, etc., one year's
imprisonment.]
XV. Provided that in the time of hay or corn harvest the Justices of
Peace and also the constable or other head officer of every township
upon request ... may cause all such artificers and persons as be meet to
labour ... to serve by the day for the mowing ... or inning of corn,
grain and hay, and that none of the said persons shall refuse so to do,
upon pain to suffer imprisonment in the stocks by the space of two days
and one night....
XVI. [Proviso for persons going harvesting into other counties.]
XVII. Two justices of peace, the mayor or other head officer of any city
(etc.) and two aldermen or two other discreet burgesses ... if there be
no aldermen, may appoint any such woman as is of the age of 12 years and
under the age of 40 years and unmarried and forth of service ... to be
retained or serve by the year or by the week or day for such wages and
in such reasonable sort as they shall think meet; and if any such woman
shall refuse so to serve, then it shall be lawful for the said justices
[etc.] to commit such woman to ward until she shall be bounden to serve
as aforesaid.
XVIII. And for the better advancement of husbandry and tillage and to
the intent that such as are fit to be made apprentices to husbandry may
be bounden thereunto, ... every person being a householder and having
half a ploughland at the least in tillage may receive as an apprentice
any person above the age of 10 years and under the age of 18 years to
serve in husbandry until his age of 21 years at the least, or until the
age of 24 years as the parties can agree ...
XIX. Every person being an householder and 24 years old at the least,
dwelling in any city or town corporate and exercising any art, mistery
or manual occupation there, may after the feast of St. John Baptist next
coming ... retain the son of any freeman not occupying husbandry nor
being a labourer and inhabiting in the same or in any other city or town
incorporate, to be bound as an apprentice after the custom and order of
the city of London for 7 years at the least, so as the term of such
apprentice do not expire afore such apprentice shall be of the age of 24
years at the least.
XX. Provided that it shall not be lawful to any person dwelling in any
city or town corporate exercising any of the misteries or crafts of a
merchant trafficking into any parts beyond the sea, mercer, draper,
goldsmith, ironmonger, embroiderer or clothier that doth put cloth to
making and sale, to take any apprentice or servant to be instructed in
any of the arts [etc.] which they exercise, except such servant or
apprentice be his son, or else that the father or mother of such
apprentice or servant shall have ... lands, tenements (etc.) of the
clear yearly value of 40s. of one estate of inheritance or freehold at
the least....
XXI. From and after the said feast of St. John the Baptist next, it
shall be lawful to every person being an householder and 24 years old at
the least and not occupying husbandry nor being a labourer dwelling in
any town not being incorporate that is a market town ... and exercising
any art, mistery or manual occupation ... to have in like manner to
apprentices the children of any other artificer not occupying husbandry
nor being a labourer, which shall inhabit in the same or in any other
such market town within the same shire, to serve as apprentices as is
aforesaid to any such art [etc.] as hath been usually exercised in any
such market town where such apprentice shall be bound.
XXII. Provided that it shall not be lawful to any person dwelling in any
such market town exercising the art of a merchant trafficking into the
parts beyond the seas, mercer [etc. as above, section XX] to take any
apprentice or in any wise to instruct any person in the arts [etc.] last
before recited, after the feast of St. John Baptist aforesaid, except
such servant or apprentice shall be his son, or else that the father or
mother of such apprentice shall have lands [etc.] of the clear yearly
value of 3l. of one estate of inheritance or freehold at the least....
XXIII. From and after the said feast it shall be lawful to any person
exercising the art of a smith, wheelwright, ploughwright, millwright,
carpenter, rough mason, plaisterer, sawyer, lime-burner, brickmaker,
bricklayer, tiler, slater, healyer, tilemaker, linen-weaver, turner,
cooper, millers, earthen potters, woollen weaver weaving housewives' or
household cloth only and none other, cloth-fuller otherwise called
tucker or walker, burner of ore and wood ashes, thatcher or shingler,
wheresoever he shall dwell, to have the son of any person as apprentice
... albeit the father or mother of any such apprentice have not any
lands, tenements or hereditaments.
XXIV. After the first day of May next coming it shall not be lawful to
any person, other than such as now do lawfully exercise any art, mistery
or manual occupation, to exercise any craft now used within the realm of
England or Wales, except he shall have been brought up therein seven
years at the least as apprentice in manner abovesaid, nor to set any
person on work in such occupation being not a workman at this day,
except he shall have been apprentice as is aforesaid, or else having
served as an apprentice will become a journeyman or be hired by the
year; upon pain that every person willingly offending shall forfeit for
every default 40s. for every month.
XXV. Provided that no person exercising the art of a woollen cloth
weaver, other than such as be inhabiting within the counties of
Cumberland, Westmoreland, Lancaster, and Wales, weaving friezes, cottons
or housewives' cloth only, making and weaving woollen cloth commonly
sold by any clothier, shall have any apprentice or shall instruct any
person in the science of weaving aforesaid in any place (cities, towns
corporate, and market towns only except), unless such person be his son,
or else that the father or mother of such apprentice or servant shall
... have lands [etc.] to the clear yearly value of 3l. of an estate of
inheritance or freehold ... upon pain of forfeiture of 20s. for every
month.
XXVI. Every person that shall have three apprentices in any of the said
crafts of a cloth-maker, fuller, shearman, weaver, tailor or shoemaker
shall keep one journeyman, and for every other apprentice above the
number of the said three apprentices one other journeyman, upon pain of
every default therein, 10l.
XXVII. [Proviso for worsted-makers of Norwich.]
XXVIII. If any person shall be required by any householder having half a
ploughland at the least in tillage to be an apprentice and to serve in
husbandry, or in any other kind of art before expressed, and shall
refuse so to do, then upon the complaint of such housekeeper made to one
Justice of Peace of the county wherein the said refusal is made, or of
such householder inhabiting in any city, town corporate, or market town
to the mayor, bailiffs or head officer of the said city [etc.] ... they
shall have full power to send for the same person so refusing; and if
the said Justice or head officer shall think the said person meet to
serve as an apprentice in that art ... the said Justice or head officer
shall have power ... to commit him unto ward, there to remain until he
will be bounden to serve ... and if any such master shall evil entreat
his apprentice ... or the apprentice do not his duty to his master, then
the said master or apprentice being grieved shall repair unto one
Justice of Peace within the said county or to the head officer of the
place where the said master dwelleth, who shall ... take such order and
direction between the said master and his apprentice as the equity of
the case shall require; and if for want of good conformity in the said
master the said Justice or head officer cannot compound the matter
between him and his apprentice, then the said Justice or head officer
shall take bond of the said master to appear at the next sessions then
to be holden in the said county or within the said city [etc.] ... and
upon his appearance and hearing of the matter ... if it be thought meet
unto them to discharge the said apprentice, then the said Justices or
four of them at the least, whereof one to be of the quorum, or the said
head officer, with the consent of three other of his brethren or men of
best reputation within the said city [etc.] shall have power ... to
pronounce that they have discharged the said apprentice of his
apprenticehood ...: and if the default shall be found to be in the
apprentice, then the said Justices or head officer, with the assistants
aforesaid, shall cause such due punishment to be ministered unto him as
by their wisdom and discretions shall be thought meet.
XXIX. Provided that no person shall by force of this Statute be bounden
to enter into any apprenticeship, other than such as be under the age of
21 years.
XXX. And to the end that this Statute may from time to time be ... put
in good execution ... be it enacted, That the Justices of Peace of every
county, dividing themselves into several limits, and likewise every
mayor or head officer of any city or town corporate, shall yearly
between the feast of St. Michael the Archangel and the Nativity of our
Lord, and between the feast of the Annunciation of our Lady and the
feast of the Nativity of St. John Baptist ... make a special and
diligent inquiry of the branches and articles of this Statute and of the
good execution of the same, and where they shall find any defaults to
see the same severely corrected and punished without favour ... or
displeasure.
XXXI.... Every Justice of Peace, mayor, or head officer, for every day
that he shall sit in the execution of this Statute, shall have allowed
unto him 5s. to be paid ... of the fines [etc.] due by force of this
Statute....
XXXII. [Procedure for recovery of penalties.]
XXXIII. Provided always that this Act shall not be prejudicial to the
cities of London and Norwich, or to the lawful liberties [etc.] of the
same cities for the having of apprentices.
XXXIV. [Contracts of apprenticeship contrary to this Act to be void, and
a penalty of 10l.]
XXXV. [Contracts of apprenticeship to hold good though made while the
apprentice is under age.]
[Footnote 280: This provision was repealed in 1597.]
7. PROPOSALS FOR THE BETTER ADMINISTRATION OF THE STATUTE OF ARTIFICERS
[_S.P.D., Eliz., Vol. 88, No. 11_], 1572.
Whereas there passed an act in the Parliament holden at Westminster in
the fifth year of the reign of our most gracious Sovereign Lady the
Queen's Majesty that now is, touching divers good and laudable orders
for artificers, labourers, servants of husbandry, and apprentices; in
the which act, amongst divers and sundry good branches therein
contained, there are two specially to be noted, which, as it should
seem, were then and therein specially enacted for the only means of the
better maintaining of the same act in the full strength and virtue,
according to the true meaning thereof: which have been, and yet daily
are, as well by the subtle devices of some lewd servants, as also by the
disorderly dealings of some masters, mistresses, and dames, not only
neglected, but also wilfully violated and broken, whereby the true, good
and godly meaning of the same act, for so good and laudable an order
provided in that behalf, doth and will daily grow to be accounted as
frustrate and of none effect: and as it now already is the chief, or
only, cause of the great number of idle vagabonds, wherewith the realm
at this present is so replenished: so, without it shall please the
Queen's Majesty by good advice to provide some speedy remedy therefore,
it will not only be a means of the increasing of them but also of their
maintenance.
The two branches to be noted are these:--
The points wherein the masters, mistresses, dames, and servants do so
abuse the two foresaid branches, that they be in a manner to frustrate.
It is too manifest, that divers and sundry servants, retained as well in
husbandry as in other the arts and sciences aforesaid, and others out of
those sciences throughout the whole Realm do daily, notwithstanding this
act, and without any fear of the penalty thereof, at their pleasures
before the time of their covenanted service be expired, either purloin
somewhat from their masters, mistresses, and dames, and so suddenly run
away, or else, not willing to be rebuked for their faults, do quarrel
with them, and so boldly depart away without any certificate[281] or
testimonial for their discharge: and being thus disorderly departed do
forge a testimonial, or get one to forge it for them, although they give
12d. or 2s. for the doing thereof, whereas, if they had orderly
departed, [it] should have cost them but 2d.: and with such testimonial
dare boldly pass from one shire to another, yea some time from one
parish to another, and there be retained till they find the like means,
or pick the like occasion to depart in like disorder. And the very cause
why they dare thus boldly and disorderly depart, leaving their masters,
mistresses, and dames destitute in their most need, is for that no order
is kept, according to the Statute, in the making, signing, and
delivering of the testimonials: but [they] be made by the masters
themselves or by some other in their houses that can write, and being so
disorderly made, do, as disorderly, sign and deliver the same without
calling either parson, vicar, or other officer to the same: which is a
very good cause for a very simple servant, seeing how slight a
testimonial will serve him to pass with, to move him to forge the like
at all times after to serve his turn. And yet if they were orderly made,
signed, and delivered, according to Statute, it could no better serve
his turn to pass with than one of these: for if he pass a shire or two
off from the place where he last served, neither the marks nor names
thereunto signed be there known scarce to one among a thousand.
For the second branch.--It is likewise too manifest, that there be many
masters, mistresses and dames, knowing how much the order of these
certificates or testimonials be abused, which have not letted to retain
such servants so departed without showing any certificates or
testimonials at all, willing for necessity's sake to retain rather a
simple vagabond coming without his certificate, than a subtle vagabond
coming with his forged testimonials, as he doubteth, and yet perchance
is true indeed. But that is too hard for them to know, for that the
names therein are to them unknown, and the places, far asunder, not easy
to be tried: and so sometime an honest poor servant indeed passeth
unhired for want of good order keeping in these testimonials, and a very
vagabond indeed is some time hired in hope of his simplicity. And the
masters, mistresses, and dames be commonly deceived by both kinds when
they stand in most need of their service.
The cause why these good and laudable orders run to such decay by the
foresaid abuses, is, for that no one person hath any benefit, worth the
pains, and charges, to look to the redress hereof: the same being so
hard and painful a matter to be done throughout the realm, and
therewithall so chargeable.
Therefore if it may please the Queen's Majesty of her Highness' most
gracious benignity, for the better and speedier reformation hereof, to
appoint and give authority by her Majesty's Letters Patents for term of
years unto us, her Highness' most humble subjects, Richard Carmarden and
Edmond Mathew, our deputies and assigns, to give out one uniform order
of testimonials to every shire and parish throughout the realm at our
only costs and charges, taking therefore in recompense as well of our
said costs and charges, as also for our travails which we shall bestow
therein, no more than is already limited by the said Statute, which is
but two pence for every testimonial:[282] and that also these articles
here following may be annexed to the said Statute by this Parliament.
First, That there be no other certificates or testimonials used in the
realm, to be delivered to any servants by any person or persons, but
only such as shall be made and delivered by such as her Majesty hath or
shall appoint by her Highness' Letters Patents to do the same.
Secondly, That every servant so departing and having received one of the
same certificates or testimonials, and seeking again to serve, shall
first deliver, to such as shall be there appointed to be the officer's
deputies, his old testimonial cancelled, before he be again retained.
And thirdly, That none of the said certificates or testimonials, so
orderly delivered to any servant, shall be any discharge for him to pass
with for any longer time than for one month after the date thereof: and
if any person be taken with any testimonial, the date thereof being so
expired, then to be lawful for every head officer to take the said
testimonial from him, and to deliver the same cancelled to the officer's
deputy and to force him to serve or to be, etc.
[Footnote 281: For the working of the system of certificates, see No.
14, pp. 352-3.]
[Footnote 282: For this method of delegating administration to private
speculators see Section V of this Part, Nos. 14 and 22.]
8. DRAFT OF A BILL FIXING MINIMUM RATES FOR SPINNERS AND WEAVERS
[_S.P.D., Eliz., Vol. 244, No. 129_], 1593.
An Act as well to avoid deceits done by spinners of woollen yarn, and
weavers of woollen cloths, and to increase their wages, as also to
reform the great abuses and oppressions done to her Majesty's good
subjects by regrators of woollen yarn, commonly called yarn choppers or
jobbers of yarn.
Forasmuch as divers Laws and Statutes have been heretofore ordained for
the true making of woollen cloths, and divers penalties, in some cases
of money, and in some other cases of the cloths themselves, are by the
same Laws and Statutes imposed upon clothiers, by whom many thousands of
her Majesty's subjects are set to work, and maintained; and that it
falleth out many times, that divers faults punishable even with the loss
of their cloths without the clothiers' fault are voluntarily committed
by their spinners and weavers, by the one's deceitful spinning their
yarn, and by the other's false weaving the same into cloth; and
forasmuch as necessity doth partly enforce them thereunto, for lack of
sufficient wages and allowance for their workmanship at the hands of the
clothier, whereby to sustain the poor estate of themselves, their wives
and children; at the humble petition as well of the said clothiers, as
also of their said spinners and weavers, and first for the avoiding of
all deceitful dealing between the clothiers and their weavers, Be it
enacted by the Queen's most excellent Majesty, the Lords Spiritual and
Temporal, and the Commons, in this present parliament assembled, and by
the authority of the same:--That all wool which, after the feast of
Easter next, shall be delivered for or by any clothier to any person or
persons to be spun, shall be delivered by true and lawful weight, and
that all and every spinner and spinners shall deliver again to or for
such clothier yarn of the same wool by the same true and lawful weight
(all necessary waste thereof excepted) without concealing any part
thereof, or deceitfully putting thereunto any oil, water, or other
thing, upon pain that every spinner doing the contrary shall forfeit
four times the value that such deceit by any such spinner committed or
done shall amount unto. And for the better relief of all and every the
said spinner and spinners, be it further enacted by the authority
aforesaid, that after the said feast all and every clothier and
clothiers and spinsters to the market shall pay for the spinning of
every pound weight of the best sorting warp three pence, of every pound
weight of the second warp two pence halfpenny, of every pound weight of
the worst warp to be used in sorting cloths two pence farthing, of every
pound weight of the best abbs[283] two pence halfpenny, of every pound
weight of the best sorting abbs two pence, and of every pound weight of
the worst sorting abbs to be used in sorting cloths three halfpence
farthing, of every pound weight of single list three halfpence, upon
pain to forfeit for every penny that any such clothier shall withhold or
detain from any spinner contrary to the charitable intent of this
statute twelve pence.
To avoid all evil and corrupt dealing between clothiers and their
weavers, be it enacted by the authority aforesaid:--That all and every
weaver and weavers which after the said feast, shall have the weaving of
any woollen yarn to be webbed into cloth, shall weave, work, and put
into the web, for cloth to be made thereof, as much and all the same
yarn, as any clothier, or any other person for or in the behalf of any
clothier, shall deliver to the same weaver with his used mark put to the
same, without changing, or any parcel thereof leaving out of the same
web, or else shall restore to the same clothier the surplusage of the
same yarn, if any shall be left not put into the same web, without
deceitfully putting of any deceivable brine, moisture, sand, dust, or
other thing thereunto, upon pain to forfeit four times the value that
such deceit by any such weaver committed or done shall amount unto. And
for the better relief of all and every the said weaver and weavers be it
further enacted by the authority aforesaid, that after the said feast
all and every clothier and clothiers shall pay for the weaving of every
ell[284] containing three pounds weight in yarn, of every broad listed
cloth, as it shall be laid upon the bar and which shall be woven in a
fourteen hundred sley, sixteen pence, for the weaving of every ell,
containing three pounds weight and three-quarters in yarn of every broad
listed cloth, as it shall be laid upon the bar and which shall be woven
in a thirteen hundred sley, fourteen pence, and for every beer[285]
between thirteen hundred and fourteen hundred twelve pence, for the
weaving of every ell containing three pounds weight and three-quarters
at the least in yarn of every broad listed cloth as it shall be laid
upon the bar and which shall be woven in a twelve hundred sley, ten
pence, and for every beer between twelve hundred and thirteen hundred
two shillings, for weaving of every ell containing three pounds weight
and an half at the least in yarn of every broad listed cloth as it shall
be laid upon the bar and which shall be woven in a eleven hundred sley,
eight pence, and for every beer between eleven hundred and twelve
hundred, twelve pence, for weaving of every ell containing three pounds
weight and an half at the least in yarn of every broad listed cloth as
it shall be laid upon the bar and which shall be woven in a ten hundred
sley, six pence, and for every beer between ten hundred and eleven
hundred twelve pence, for weaving of every broad listed cloth, that
shall be woven in a sley under a ten hundred, and that shall contain
thirty ells as it shall be laid upon the bar, twelve shillings, for the
weaving of every broad listed cloth that shall be woven in a sley under
a ten hundred, and that shall contain eight and twenty ells as it shall
be laid upon the bar, ten shillings, for weaving of every narrow listed
sorting cloth that shall be woven in a ten hundred sley, ten shillings,
for the weaving of every narrow listed sorting cloth that shall be woven
in a nine hundred sley, nine shillings, for the weaving of every narrow
listed sorting cloth that shall be woven in an eight hundred sley, eight
shillings, and for the weaving of every beer over and above in any of
the said sleys of the said narrow listed cloths three pence, upon pain
to forfeit for every penny that any clothier shall withhold or detain
from any weaver contrary to the true intent of this act twelve pence.
And be it further enacted by the authority aforesaid that wheresoever
any greater wages hath been heretofore usually given for spinning any of
the sorts of yarn aforesaid or for weaving any of the sorts of cloths
aforesaid, that there and in all such place the same wages or greater
shall after the said feast be given without any diminution thereof, upon
pain that every clothier shall forfeit for every penny that he or she
shall so detain from any spinner or weaver contrary to the true intent
of this act twelve pence, any the rate or wages before in this act
particularly limited and appointed to weavers notwithstanding. And be it
further enacted by the said authority, that after the said feast no
clothier, for the weaving of any his or her white cloths, shall use or
cause to be used any sley of less breadth than eleven quarters and three
nails of the yard in white work beside the list, upon pain to forfeit
for every such default ten shillings. And be it further enacted by the
authority aforesaid that after the said feast no clothier shall use any
warping bar that shall contain any greater length than three yards from
one pin to another upon pain to forfeit for every such default ten
shillings. And further be it enacted by the authority aforesaid that
justices of assize in their circuits, justices of peace in their
sessions, sheriffs in their turns, stewards in their leets and lawdays,
mayors, sheriffs, and bailiffs of cities, boroughs and towns corporate
in their courts, shall and may inquire, hear, and determine from time to
time all and every the said offences committed and done within the
limits of their several jurisdictions and authorities.
[Here follow provisions as to the division of fines.]
And forasmuch as divers evil-disposed persons commonly called yarn
choppers or jobbers of woollen yarn, wanting the fear of God, and caring
only for their own private gain without having any regard to the
maintenance of the commonwealth, using no trade either of making woollen
cloths, or of any other thing made of woollen yarn, inverting the true
intent of the statute made in the eighth year of our late Sovereign Lord
King Henry the sixth among other things especially to destroy the
falsity of regrators of yarn called yarn choppers, to their own
malicious purpose, do in every fair and market buy up and get into their
hands so great quantities of woollen yarn, that the clothiers and others
using lawful trade wherein woollen yarn must need be occupied, and by
which trade many thousands of her Majesty's poor subjects are relieved,
are driven for their necessity sake to buy the same at their hands
deceitfully handled and at such unreasonable price as they list to set
upon the same, whereby the clothiers and others using divers lawful ways
and means for the employment of woollen yarn, are very greatly hindered,
and such drones, idle members and evil weeds in a commonwealth by such
oppressions maintained and greatly enriched, for remedy whereof be it
enacted established and ordained by the authority aforesaid:--That no
manner of person or persons shall after the said feast of Easter next
buy, bargain, take, or make any promise for bargain or sale of or for
any woollen yarn but only such person or persons as are known to be
makers of woollen cloth or other thing made of woollen yarn or mixed
with woollen yarn, his or their wife or wives or his or their children,
apprentices or servants, inhabiting in his or their mansion house or
houses, and who shall or may lawfully make of the said woollen yarn any
kind of bayes, knit hose, arras, tapestry, coverlets, or any other thing
or things used to be made of woollen yarn or mixed with woollen yarn,
upon pain of forfeiture of all woollen yarn to be bought, or whereof any
promise for bargain or sale thereof shall be taken or made contrary to
the true meaning of this act, in whose hands soever any such woollen
yarn shall be found, and further to incur all the pains and penalties
limited to yarn choppers by the said act made in the eighth year of King
Henry the sixth.
[Here follows provisions as to the division of fines.]
[Footnote 283: _i.e._, wefts.]
[Footnote 284: The words from "ell" to "fourteen hundred" have been
crossed out in the original, and the rest of the passage as far as the
end of the paragraph (p. 339) is bracketed as if for cancellation.
Interlined is the following substituted clause, to be read after the
words "for the weaving of every":--"of their best fine cloths vjs.
viijd., and for their second sort of fine cloths iiijs., and for their
least sort of fine cloths iijs., and for the best sort of sorting cloths
ijs., and for the middle and least sort of sorting cloths or pack cloths
with narrow lists, xviijd., more than was given by any clothier in any
of the said counties or elsewhere of like making for the weaving of
every or any of the said sorts of cloths at or before the feast of Xmas
last past."]
[Footnote 285: _i.e._, the (variable) number of ends into which a warp
is divided in the process of warping.]
9. DRAFT PIECE-LIST SUBMITTED FOR RATIFICATION TO THE WILTSHIRE JUSTICES
BY CLOTHIERS AND WEAVERS [_Hist. MSS. Com., Vol. I, p. 162, The Records
of Quarter Sessions in the County of Wiltshire_], 1602.
Apud Trowbridge, 30 December A.o. xlv{to} Elizabethae Reginae.
The just proportions of the several works put forth by the Clothiers of
the County of Wilts both to the Weavers and Spinners, with the valuation
of the wages according as every sorts of work do deserve by reason of
the fineness of the wool and spinning of every sort of work; as also by
reason of the hard working of every sort with the usual numbers of
hundreds, beers[286] and abbs which is commonly put forth to every
several cloth, which is the best rate by which we can keep apportion,
set down by us the clothiers of the said county.
_Imprimis_ we think a weaver is worth to have for
the weaving of a cloth of 700 viis.
And for every beer above 700 and under 800 iid.
The spinning of these sorts of warp is worth the
pound iid.
And the spinning of the abb is worth the pound 1d. ob.
_Item_, one of 800 of white work is worth the weaving viiis.
And for every beer above 800 and under 900[287] iid. ob.
The spinning of these sorts of warp worth the pound iid. ob.
The spinning of the Abbe worth the pound id. ob.
These sorts of broad lists are more worth than the
narrow lists by the cloth xiid.
The hanking is worth xiid.
[Scales are also given for 900, 1000, 1100, and 1200 lbs. A graduated
rise in price varying from xiid. in the case of a cloth of 900 lbs. to
iis. for a cloth of 1100 to 1200 lbs. is awarded; for every beere id. up
to vid., and for every pound of abbe above 54 and not above 60 xviiid.,
and above 60 lbs. xxd.]
Clothiers Signing--
William Yerbury.
Nicholas Phippe.
John Usher.
Walter Yerbury.
John Yewe.
Edward Cogswell.
Richard Dycke.
Weavers Signing--
Hugh Watts.
Henry Cappe.
William Rundell.
Henry Prior.
Thomas Lavington.
Bartholomew Skege.
[Footnote 286: For the meaning of "beer" and "abb" see notes to document
No. 8.]
[Footnote 287: Instead of "about 800 under 900," as printed in _op.
cit._]
10. AN ACT EMPOWERING JUSTICES TO FIX MINIMUM RATES OF PAYMENT [_1 James
I, c. 6. Statutes of the Realm, Vol. IV, Part II, pp. 1022-24_],
1603-04.
... And whereas the said act [_i.e._ 5 Eliz., c. iv] hath not, according
to the true meaning thereof, been duly put in execution, whereby the
rates of wages for poor artificers, labourers and other persons whose
wages were meant to be rated by the said act, have not been rated and
proportioned according to the plenty, scarcity, necessity, and respect
of the time, which was politicly intended by the said act, by reason
that ambiguity and question have risen and been made whether the rating
of all manner artificers, workmen and workwomen, his and their wages,
other than such as by some statute and law have been rated, or else such
as did work about husbandry, should or might be rated by the said law;
Forasmuch as the said law hath been found beneficial for the
commonwealth, be it enacted by authority of this present parliament,
that the said statute, and the authority by the same statute given to
any person or persons for assessing and rating of wages, and the
authority to them in the said act committed, shall be expounded and
construed, and shall by force of this act give authority to all persons
having any such authority to rate wages of any labourers, weavers,
spinsters, and workmen or workwomen whatsoever, either working by the
day, week, month, year, or taking any work at any person or persons'
hands whatsoever, to be done in great or otherwise....
And furthermore be it enacted by the authority aforesaid, that if any
clothier or other shall refuse to obey the said order, rate or
assessment of wages as aforesaid, and shall not pay so much or so great
wages to their weavers, spinsters, workmen or workwomen as shall be so
set down rated and appointed, according to the true meaning of this act,
that then every clothier and other person and persons so offending shall
forfeit and lose for every such offence, to the party aggrieved, ten
shillings: and that if the said offence and offences of not paying so
much or so great wages to their said workmen, workwomen and others shall
be confessed by the offender, or that the same shall be proved by two
sufficient and lawful witnesses before the justices of peace in their
quarter sessions of the peace, the justices of assize in their sessions,
or before any two justices of the peace, whereof one to be of the
quorum; that then every such person shall forthwith stand and be in law
convicted thereof; which said forfeiture of ten shillings shall be
levied by distress and sale of the offenders goods, by warrant from the
said justices before whom any such conviction shall be had; which sale
shall be good in law against any such offender or offenders....
Provided nevertheless and be it enacted by the authority aforesaid, That
no clothier, being a justice of peace in any precinct or liberty, shall
be any rater of any wages for any weaver, tucker, spinster, or other
artizan that dependeth upon the making of cloth; and in case there be
not above the number of two justices of peace within such precinct or
liberty but such as are clothiers, that in such case the same wages
shall be rated and assessed by the major part of the common council of
such precinct or liberty, and such justice or justices of peace (if any
there be) as are not clothiers.
11. ADMINISTRATION IN WILTSHIRE OF ACTS REGULATING THE MANUFACTURE OF
CLOTH [_Hist. MSS. Com., Vol. I, pp. 74-5_], 1603.
Orders agreed upon for the occupation of weavers.[288]
_First_, that no person using the trade of weaving woollen cloth be
suffered to keep more looms than that the statute made ao v{to}
Elizabethae alloweth. 2. _Item_, that all such persons as are now
permitted to be master weaver, and themselves have not served their full
term of apprenticeship, whether he be above or under the age of xxxtie
years and married or unmarried, shall not make or take any apprentice to
serve him as apprentice hereafter, neither shall any serve him as an
apprentice. 3. _Item_, that every such person permitted to be a master
weaver which hath not served his full years of apprenticeship shall not
keep above one loom going; and no apprentice to work with him but a
journeyman or journeymen. 4. _Item_, none hereafter to be made
apprentice to the art of weaving broad cloth but according to the form
of the statute _ut supra_. 5. _Item_, that all such as are now allowed
to be apprentices, their names to be registered, and none hereafter to
be made apprentices but such persons as are appointed overseers of the
said occupation to be first made acquainted thereof, to the end no abuse
may be suffered, nor unlawful shift used to defraud the true meaning of
the said statute. 6. _Item_, that no weaver shall sell his apprentice
and take another before the first have served seven years. 7. _Item_,
that none shall work as a journeyman except he bring certificate that he
hath served full seven years, or his master to testify the same. 8.
_Item_, that no clothman shall keep above one loom in his house, neither
any weaver that hath a ploughland shall keep more than one loom in his
house. 9. _Item_, that no weaver shall keep two apprentices in one loom
working except one of them be in his last year. 10. _Item_, that no
apprentice shall come forth of his covenant of apprenticeship before he
be four and twenty years of age, to avoid young marriages and the
increase of poor people. 11. _Item_, that no person or persons shall
keep any loom or looms going in any other house or houses beside their
own, or maintain any to do the same. 12. _Item_, that all those that
have entered into the trade of broad weaving contrary to the statute
within these two years may be expelled and put from the same trade, and
all those that are journeyman (_sic_) and have not served their time, if
they be not married, may return and serve their seven years out, or else
to be put from their occupation. 13. _Item_, that all those that are
entered in contrary to the statute, having other things to live upon,
may be expelled, and put from the trade. 14. _Item_, that all weavers
dwelling in any town corporate, borough, or market town, may call into
their fellowship all weavers dwelling within three miles compass of any
of the said towns, as well journeymen and [as?] masters, and that there
may be so many overseers of these said companies as may be fit for the
same. 15. _Item_, that every master weaver of these several companies
may have a meeting once every quarter, whereby they may have the
examination of those things that may be amiss amongst them, to the end
no disorder rise amongst them as in time past hath been, and that every
broad weaver keeping a loom may give quarterly ivd. towards the relief
of their poor brethren that shall need. 16. _Item_, that the master of
every several company may call before them every particular offender in
matters pertaining to their occupation, whether it be master or
journeyman or apprentice, to the end that drunkenness, idleness, or
pilfering of their masters' stuff may be punished by laws fit for any of
these offences. 17. _Item_, that any of those that shall disobey any of
these good orders that are set down, that there may be such penalties
inflicted upon any such persons as may be able to suffice them, and
shall be agreeable with the laws of the realm, and by such persons as
are thereunto authorised by the statutes and laws.
James Martin.
Henry Martyn.
G. Tooker.
Hen. Poole.
James Ley.
Thos. Hungerforde.
Edmund Lamberte.
[Footnote 288: The original heading, for which that above was afterwards
substituted, runs:--"A table to be presented for and concerning the
occupation of weaving by the sworn men unto Henry Priour authorized for
that purpose." It is probable that the "sworn men" were clothiers and
weavers (see No. 9), and that Henry Priour was a justice.]
12. ASSESSMENT MADE BY THE JUSTICES OF WILTSHIRE, DEALING MAINLY WITH
OTHER THAN TEXTILE WORKERS [_Hist. MSS. Com., Vol. I, pp. 162-167, The
Records of Quarter Sessions in the County of Wilts_], 1604.
... third day of May in the first year of our Sovereign Lord James by
the grace of God King of England ... Defender of the Faith, and upon
diligent respect and consideration by ... for the time ... according to
the form of a statute made in the first[289] year of the reign of our
late Sovereign Lady Queen ... hereafter particularly ensueth.
_Wages by the year for husbandry._
A bailiff of husbandry shall not take by the year of wages above liiis.
iiiid. and a livery or xs. for the same.
A chief shepherd which keepeth one thousand sheep and above shall not
take by the year of wages above xls., and a livery or viiis. for the
same, and pasture or feeding for xxt sheep all the year or xiid. for
every of them.
A shepherd which keepeth six hundred sheep shall not take of wages above
xxiiis. iiid., and a livery or vis. for the same, and feeding for ten
sheep all the year or xiid. for every of them.
A chief hind of husbandry and a chief carter shall not take by the year
of wages above xls. and a livery or viiis.
A common servant of husbandry and a common shepherd above the age of xxi
years shall not take by the year [either of] them of wages above
xxxiiis. iiiid. and a livery or vis. viiid. for the same.
All other servants and shepherds under xxi years and above xvi years
shall not take by the year of wages above xxs. and a livery or vs. for
the same.
A chief woman servant shall not take by the year of wages above xxxs.
and a livery or vs. for the same.
Every other woman servant above xvi years of age shall not take by the
year of wages above xxs. and a livery or vs. for the same.
_Wages by the day for labourers in harvest and at all other times of the
year in husbandry._
Mowers of grain by the day with meat and drink shall not take of wages
above vd. and without meat and drink not above xd.
Men labourers in haymaking or gripping of lent corn shall not take by
the day with meat and drink of wages above iiiid. and without meat and
drink not above viiid.
Women labourers in haymaking or gripping of lent corn shall not take by
the day with meat and drink of wages above iiid. and without not above
vid.
Mowers of corn shall not take by the day with meat and drink of wages
above vd., and without meat and drink not above xd.
Men reapers of wheat and rye shall not take by the day with meat and
drink of wages not above vd., and without meat and drink not above xd.
Women reapers of wheat and rye shall not take by the day with meat and
drink not above iiiid. and without meat and drink not above ixd.
Every hedger, ditcher, thresher and other like labourer in husbandry not
afore named shall not take by the day from Michaelmas to the
Annunciation of our Lady of wages with meat and drink not above iiid.,
and without meat and drink not above viid., and that at the election of
the hirer; and from the Annunciation of our Lady unto Michaelmas of
wages by the day with meat and drink not above iiiid., and without meat
and drink not above viiid., and that at the election of the hirer.
_Wages for Taskwork without Meat and Drink._
For reaping and binding of wheat, rye, or beans, for every acre by the
lug not above xxd.
Mowing of barley for every acre by lug not above vd.
Mowing of oats for every acre by lug not above iiiid.
Hacking or hawming of pease or fatches for every acre by lug not above
xiid.
Mowing of grass for every acre by lug not above xd.
Making of hay for every acre by lug not above ixd.
Threshing of wheat, rye, pease, beans, or fatches, for every quarter,
not above xd.
Threshing of barley or oats for every quarter not above vid.
Ditching, planting, and hedging of a perch containing sixteen foot and a
half in length, three foot in depth, and five foot in breadth in gravel
or stony ground, and setting the same with two chests of plants and
making hedge for every perch, not above vid.
Ditching, planting, and hedging after the same order in other sandy or
easy grounds, by the lug of like awise not above vd.
Making of hedge for every perch not above 1d.
Making of plaisted hedge and other fenced hedge more strong and scouring
of the ditch, for every perch not above iid.
Paling and railing with one rail, felling and clearing of timber and
digging of the holes for the posts, for every perch not above xd.
Railing with double rails with felling and clearing of timber and
digging of the holes for the posts, for every perch not above vd.
Railing with single rail after the same sort, for every perch not above
iiid.
Sawing of board or timber for every hundred not above xviid.
_Wages by the day for these artificers following._
For a Master Carpenter } None of these shall take by the
For a Master Free Mason } day from Michaelmas to the
For a Master rough Mason } Anunciation of our lady with
For a Master Bricklayer } meat and drink of wages not
For a Master Plumber } above vd., and without meat and
For a Master Glazier } drink not above xd.
For a Master Carver } And from the Annunciation of
For a Master Joiner } our Lady to Michaelmas not
For a Master Millwright } above vid., with meat and drink,
For a Master Wheelwright } and without meat and drink not
For a Master Plasterer } above xid., by the day.
For every common workman or journeyman of these sciences from Michaelmas
to the Annunciation of our Lady of wages by the day with meat and drink
not above iiid., and without meat and drink not above viid.; and from
the Annunciation of our Lady to Michaelmas with meat and drink not above
iiiid., and without meat and drink not above viid.
For every apprentice of these sciences and for every labourer to attend
to serve them, from Michaelmas to the Annunciation of our Lady with meat
and drink not above iid., and without meat and drink not above vd., and
from the Annunciation of our Lady to Michaelmas with meat and drink not
above iiid., and without meat and drink not above viid.
_Wages by the day for these occupations following_:--
For a chief ploughwright by the day from Michaelmas to the Annunciation
of our Lady with meat and drink not above iiiid., and without meat and
drink not above viiid.; and from the Annunciation of our Lady to
Michaelmas with meat and drink not above vd., and without meat and drink
not above xd.
For sawyers the couple from Michaelmas to the Annunciation of our Lady
with meat and drink not above viiid., and without meat and drink not
above xvid.; and from the Annunciation of our Lady to Michaelmas with
meat and drink not above xd., and without meat and drink not above
xviiid. So always that the owner of the saw do have for every day 1d.
more than his fellow.
For a Hellyer or Tiler }
For a Shingler } Every one of these to take by the
For a Brickmaker } day from Michaelmas to the Annunciation
For a Limeburner } of our Lady with meat and
For a Lathmaker } drink not above iiid., and without
For a Quarrier } meat and drink not above viid.
For a Pavier or Pitcher }
For a Collier } And from the Annunciation of our
For a Bondcaster } Lady to Michaelmas with meat and
For a Thatcher } drink not above iiiid., and without
For a Chandler } meat and drink not above viiid.
For a Tinker }
For a Painter }
_Wages by the year for the journeymen of these occupations following
with meat and drink._
For a miller by the year with meat and drink of wages not above xls., and
a livery, or vis., viiid., for the same.
For a loader to the mill of wages not above xxvis., viiid., and a livery,
or vis., for the same.
For a dyer, for a brewer, for a tanner, for a linen weaver, the chiefest
to take by the year of wages not above ls., and all other common workmen
of the same occupation of wages by the year not above xls. without any
livery.
A Shoemaker }
A Currier }
A Woollen Weaver } The chiefest of these to take by the
A Tucker } year of wages not above xls.
A Fuller }
A Shearman }
A Clothworker }
A Hosier } and every common workman of the the
A Tailor } same occupation to take by the year
A Baker } of wages not above xxvis., viiid.
A Glover }
A Girdler }
A Spurrier }
A Capper }
A Hatter }
A Feltmaker }
A Bowyer } The chiefest of these to take by the
A Fletcher } year of wages not above xls.
An Arrowhead-maker }
A Butcher }
A Fishmonger }
A Pewterer }
A Cutler }
A Smith } and every common workman of the
A Sadler } same occupations to take by the year
A Furrier or Skinner } of wages not above xxvis., viiid.
A Parchment-maker }
A Cooper }
A Earthen Potmaker }
A Turner }
Every master weaver or chief workman in that trade, working duly and
truly, shall have of wages for weaving of a cloth of what sort soever
after the rate of [_blank_] the day and every other ordinary workman of
that trade, working as aforesaid, shall have for weaving of a cloth of
what sort soever after the rate of [_blank_]; but they shall not take
their wages for every day that they shall be about the making of a
cloth, but only for so many days as good workmen of that trade following
their labour duly and painfully may, if they will, make such a cloth.
Every master tucker, following his labour duly and painfully, shall take
of wages by the week not above [_blank_], and every ordinary workman of
the same trade, following his labour as aforesaid, shall take of wages
by the week not above [_blank_]. Every woman spinner's wage shall be
such as, following her labour duly and painfully, she may make it
account to [_blank_] the day.
James Mervin.
Wm. Eyre.
Edw. Penruddock.
Jasper More.
John Dauntsey.
Alexander Tutt.
Jo. Ernlle.
James Ley.
Henry Martyn.
[Footnote 289: A mistake for fifth (see No. 6).]
13. ASSESSMENT MADE BY THE JUSTICES OF WILTSHIRE, DEALING MAINLY WITH
TEXTILE WORKERS [_Hist. MSS. Com., Vol. I, pp. 167-168, The Records of
Quarter Sessions in the County of Wilts_], 1605.
_Wiltshire._--The declaration of the general rates of wages of servants,
labourers, artificers, handycraftsmen, weavers, spinsters, workmen and
workwomen within the foresaid county assessed and rated by the Justices
of the Peace of the foresaid county, whose hands and seals are hereunder
to these presents set, at the General Sessions of the Peace of the said
county holden at the Devizes in the said county the ninth day of April
in the year of the reign of our Sovereign Lord James by the grace of
God, etc...., according to the Statutes in that case made and provided.
_Imprimis_, that the rates of the wages of servants, labourers,
artificers, and handicraftsmen within the said county shall continue and
be for this year now next ensuing in all respects as they were rated and
assessed the last year next before.
_Item_ that the rates of wages of the weavers and spinsters shall be for
this year now next ensuing as follows, viz.:--
A weaver for weaving a cloth of 700 viis.
And for every beer[290] above 700 and under 800 iid.
700 A spinner for spinning of a pound of these
sorts of warp shall have iid.
And for a pound of abb spinning id. ob.
_Item_ for weaving of a cloth of 800 viiis.
And for every beer above 800 and under 900 iid. ob.
800 A spinner for spinning of a pound of these
sorts of warp shall have iid. ob.
And for a pound of abb id. ob.
For a weaving of a broad listed white of
this making ixs.
For the hanking thereof xiid.
_Item_ for weaving of a cloth of 900 ixs.
For every beer above 900 and under 1000 iiid.
900 A spinner for spinning of a pound of these
sorts of warp shall have iid. ob. q.
For the spinning of a pound of abb of that
sort id. ob. q.
And for every pound of abb wrought into
a cloth above 54 and not above 60 xiid.
_Item_ for weaving of a cloth of 1000 xs.
For every beer above 1000 and under 1100 iiiid.
1000 For every pound of abb above 54 and not
above 60 xiid.
For every pound of abb above 60 xvid.
A spinner for spinning of a pound of these
sorts of warp shall have iiid. ob.
And for a pound of abb iid.
_Item_ for weaving of a cloth of 1100 being
narrow listed with 54_li_ of abb xiis.
For every beer above 1100 and not above
1200 vid.
For every pound of abb above 54 and
not above 60 xviiid.
1100 For every pound of abb above 60 pound xxd.
and A spinner for spinning a pound of these
1200 sorts of warp shall have iiiid.
And for a pound of abb iid. ob.
For weaving of the broad listed whites of
the three sorts of cloth next before
mentioned xiiis. vid.
For the hanking of them xiid.
James Mervin.
Wa. Longe.
Wm. Eyre.
Jo. Ernele.
Jaspar More.
Edward Penrudock.
H. Sadler.
Jo. Dauntesey.
John Hungerford.
Wm. Bayles.
Jo. Warneford.
W. Blacker.
Edw. Rede.
Henry Martyn.
G. Tooker.
Anth. Hungerford.
La. Hyde.
[Footnote 290: For the meaning of "beer" and "abb" see notes to document
No. 8.]
14. ADMINISTRATION OF THE WAGE CLAUSES OF THE STATUTE OF ARTIFICERS
[_Atkinson, North Riding Quarter Sessions, Vol. I, pp._ 27, 60, 69, 99,
105], 1605-8.
Jan. 17th, 1605. [Presented by the Jury.] John Bulmer of West Cottam,
husbandman, for hiring servants without recording their names and
salaries before the Chief Constable, _contra formam statuti_, etc., and
also Rob. Harrison and Will Keldell both of the same, for the like....
Helmesly, Jan. 8, 1606. The inhabitants of Thirkleby, (Great and
Little), for refusing to give the names of their servants and their
wages to the constables of the said town or to the Head Constables. The
inhabitants of Kilbornes, Over and Nether, for the like and for giving
their servants more wages than the statute doth allow.
Thomas Gibson, of Easingwold, for retaining and accepting into his
service one Will Thompson without shewing to the Head Officer, Curate or
Churchwarden any lawful testimonial.
Will Burnett, of Bawker, for refusing to pay pence for entering his
servants' names; Cuthbert Ivyson, of Awdwarke, husbandman, for retaining
Tim Johnson, servant, at husbandry for 46s., contrary to the rates
assessed by the Justices.
Thirske, April 14, 1607. Thomas Grange of East Harlesey, for refusing to
give a note of his servants and their wages.
Malton, Jan. 12, 1607. Jane Kay of Fawdington within the constabulary of
Bagby, for denying to give the names of her servants, nor tickets nor
rates of her servants.
Malton, Jan. 12, 1607. Alice Sharrow, of New Milnes in Seazey parish,
for taking more wages of Will Bell of Kascall than, etc.
Malton, Jan. 12, 1607. Thos. Wawne of Thorp Rawe, yeoman, for giving
wages to ... Rymer his servant, exceeding the rate set down by the
Justices.
15. ADMINISTRATION OF THE APPRENTICESHIP CLAUSES OF THE STATUTE OF
ARTIFICERS [_Atkinson, North Riding Quarter Sessions, Vol. I, pp._ 106
and 121], 1607-8.
Malton, Jan. 12, 1607. [Presented by the Jury.] Thomas Cooke, ...
webster, for trading, having never served vii years' apprentice....
Rob. Pybus of Beedall, for buying barley to malt to sell without
license, and also useth the trade of malting, he being a very young man,
unmarried, which is contrary to the statute.
Helmesley, July 12, 1608. Rob. Richardson of Sawdon, carpenter, for
using that trade, having been but two years apprentice.
Fr. Storry of Gristropp, carpenter, for retaining one John Milborne and
John Palmer as apprentices without indenture.
16. THE ORGANISATION OF THE WOOLLEN INDUSTRY[291] [_S.P.D. James I,
Vol._ LXXX, 13], 1615.
The breeders of wool in all countries are of three sorts--
1. First those that are men of great estate, having both grounds and
stock of their own, and are beforehand in wealth. These can afford to
delay the selling of their wools and to stay the clothiers' leisure for
the payment to increase the price. The number of these is small.
2. Those that do rent the king's, noblemen's and gents' grounds and deal
as largely as either their stock or credit will afford. These are many
and breed great store of wool; most of them do usually either sell their
wools beforehand, or promise the refusal of them for money which they
borrowed at the spring of the year to buy them sheep to breed the wool,
they then having need of money to pay their Lady-day rent and to double
their stock upon the ground as the spring time requireth, and at that
time the clothiers disburse their stock in yams to lay up in stock
against hay-time and harvest when their spinning fails. So that then
farmers and clothiers have greatest want of money at one time.
3. The general number of husbandmen in all the wool countries that have
small livings, whereof every one usually hath some wool, though not
much. They are many in numbers in all countries and have great store of
wool, though in small parcels. Many of these also do borrow money of the
wool merchant to buy sheep to stock their commons. Their parcels being
so small, the times of selling so divers, the distance of place so great
between the clothier and them, it would be their undoing to stay the
clothier's leisure for the time of their sale, or to be subject to him
for the price....
These wools are usually converted by four sorts of people.
1. The rich clothier that buyeth his wool of the grower in the wool
countries, and makes his whole year's provision beforehand and lays it
up in store, and in the winter time hath it spun by his own spinsters
and woven by his own weavers and fulled by his own tuckers, and all at
the lowest rate for wages. These clothiers could well spare the wool
buyers that they might likewise have wool at their own prices, and the
rather because many of them be brogging clothiers and sell again very
much, if not most, of the wool they buy.
2. The second is the meaner clothier that seldom or never travels into
the wool country to buy his wool, but borrows the most part of it at the
market, and sets many poor on work, clothes it presently, and sells his
cloth in some countries upon the bare thread, as in Devonshire and
Yorkshire, and others dress it and sell it in London for ready money,
and then comes to the wool market and pays the old debt and borrows
more. Of this sort there are great store, that live well and grow rich
and set thousands on work; they cannot miss the wool chapman, for if
they do they must presently put off all their workfolk, and become
servants to the rich clothier for 4d. or 6d. a day, which is a poor
living.
3. The third sort are such clothiers that have not stock enough to
bestow, some in wool and some in yarn, and to forbear some in cloth as
the rich clothiers do, and they buy but little or no wool, but do weekly
buy their yarn in the markets, and presently make it into cloth and sell
it for ready money, and so buy yarn again; which yarn is weekly brought
into the markets by a great number of poor people that will not spin to
the clothier for small wages; but have stock enough to set themselves on
work, and do weekly buy their wool in the market by very small parcels
according to their use and weekly return it in yarn, and make good
profit thereof, having their benefit both of their labour and of the
merchandise, and live exceeding well. These yarn-makers are so many in
number that it is supposed by men of judgment that more than half the
cloths that are made in Wilts, Gloucester, and Somersetshire is made by
the means of these yarn-makers and poor clothiers that depend weekly
upon the wool chapman, which serves them weekly with wool either for
money or credit.
4. The fourth sort is of them of the new drapery, which are thousands of
poor people inhabiting near the ports and coasts from Yarmouth to
Plymouth and in many great cities and towns, as London, Norwich,
Colchester, Canterbury, Southampton, Exeter and many others. These
people by their great industry and skill do spend a great part of the
coarse wools growing in the kingdom, and that at as high a price or
higher than the clothiers do the finest wools of this country, as
appeareth by a particular hereunto annexed....
[Footnote 291: Quoted Unwin, _Industrial Organization in the Sixteenth
and Seventeenth Centuries_, App. A, II.]
17. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF 5 ELIZ., c. 4 [_Reports of
Special Cases Touching Several Customs and Liberties of the City of
London, collected by Sir H. Calthrop_, 1655], 1615.
_Hil._ 12, _Iac._ 1 [Tolley's case]. It was agreed and resolved that an
upholsterer is not a trade within that Stat. For first it is not a trade
that is mentioned in any of the branches of the Statute, howsoever in
all parts of the Statute there is mention made of 61 several trades and
misteries. And if the artizans which at that time were assistants unto
the committees for the expressing of all manner of trades had thought
that the trade of an upholsterer had been such a trade that required art
and skill for the encouraging of it, they would not have failed to make
mention of it.... Thirdly the trade of an upholsterer doth not require
any art or skill for the exercizing of it, inasmuch as he hath all
things made to his hand, and it is only to dispose them in order after
such time as they are brought to him ... and so he is like Aesop's bird
which borroweth of every bird a feather, his art resting merely in the
overseeing and disposition of such things which other men work, and in
the putting of feathers into tick, and sewing them up when he hath done,
the which one that hath been an apprentice unto it but seven days is
able to perform. And the intent of this Statute was not to extend unto
any other trade but such as required art and skill for the managing of
them; and therefore it was adjudged in the Exchequer upon an information
against one [space] in the 42nd year of the late Queen Eliz. that a
costermonger was not a trade intended by the Statute of 5 Eliz., because
his art was in the selling of apples, which required no skill or
experience for the exercise of it. So an husbandman, tankardbearer,
brickmaker, porter, miller, and such like trades are not within the
Statute of 5 Eliz., cap 4, so as none may exercize them but such a one
as hath been an apprentice by the space of 7 years; for they are arts
which require ability of body rather than skill.
18. A PETITION TO FIX WAGES ADDRESSED TO THE JUSTICES BY THE TEXTILE
WORKERS OF WILTSHIRE [_Historical MSS. Commission, Vol. I, p. 94. The
Records of Quarter Sessions in the County of Wilts._], 1623.
May it please you to be informed of the distressed estate of most of
the weavers, spinners, and others that work on the making of woollen
clothes, that are not able by their diligent labours to get their
livings, by reason that the clothiers at their will have made their work
extreme hard, and abated wages what they please. And some of them make
such their workfolks to do their household businesses, to trudge in
their errands, spool their chains, twist their list, do every command,
without giving them bread, drink, or money for many days' labour. May it
please you therefore, for the redressing of these enormities done by the
clothiers, to appoint certain grave and discreet persons to view the
straitness of works, to assess rates for wages according to the desert
of their works, now especially in this great dearth of corn, that the
poor artificers of these works of woollen cloth may not perish for want
of food, while they are painful in their callings, so shall many
families be bound to pray for your worships' happiness and eternal
felicity.
_Order signed by nine justices._
The petitioners to set down their names to this petition, and the place
of their dwelling, and the clothiers dwelling next to the places of
their habitations to be warned to be at Devizes the Thursday in the next
Whitsun week, to confer with us hereabouts, that they call others
grieved herein to attend us at that time.[292]
[Footnote 292: The final result of the meeting was that the Justices
ordered the rates fixed to be published on market day at Devizes.]
19. APPOINTMENT BY PRIVY COUNCIL OF COMMISSIONERS TO INVESTIGATE
GRIEVANCES OF TEXTILE WORKERS IN EAST ANGLIA [_Privy Council Register.
Charles I, Vol. 6, pp. 350-1_], 1630.
At Whitehall the 16th February, 1630.
Present:
Lord Treasurer.
Lord Privy Seal
Lord High Chamberlain.
Earl Marshall.
Earl of Dorset.
Lord V. Dorchester.
Lord V. Wentworth.
Lord V. Falkland.
Lord Bishop of Winton.
Lord Newburgh.
Mr. Treasurer.
Mr. Comptroller.
Mr. Secretary Coke.
Whereas a petition was this day presented to the Board by Sylvia
Harbert, widow, on the behalf of herself and divers others, showing that
the poor spinsters, weavers and combers of wool in Sudbury and the
places near adjoining thereunto, in the counties of Suffolk and Essex,
are of late by the clothiers there (who are now grown rich by the
labours of the said poor people) so much abridged of their former and
usual wages, that they (who in times past maintained their families in
good sort) are now in such distress by the abatement of their wages in
these times of scarcity and dearth, that they are constrained to sell
their beds, wheels and working tools for want of bread, as by the
petition itself doth more at large appear, wherein the petitioners
humbly sought to be relieved by some directions from this Board:--their
Lordships upon consideration had thereof, have thought fit and ordered
that the petition being first signed by the Clerk of the Council
attendant shall be recommended to Sir Robert Crane, Bart., Sir Thomas
Wiseman, Sir William Maxey, Sir Drewe Deane, Kt., Thomas Eden, Doctor of
the Civil Law, Henry Gent, Esq., and Robert Warren, Justices of the
Peace of the counties aforesaid, Richard Skinner and Benjamin Fisher,
Aldermen of Sudbury, or to any four of them, whereof one Justice of the
Peace of each county, and one of the said aldermen, to be three, who are
hereby authorised and required to call before them such persons on
either side, as they think fittest to inform them of the true state of
these complaints, and thereupon to settle such a course for the relief
of the petitioners by causing just and orderly payment to be made them
of their due and accustomed wages, as that they may have no further
cause to complain, nor the Board be further troubled herewithall. And in
case any particular person shall be found (either out of the hardness of
his heart towards the poor, or out of private ends or humours)
refractory to such courses as the said commissioners shall think
reasonable and just, that then they bind over every such person to
answer the same before the Board.
20. REPORT TO PRIVY COUNCIL OF COMMISSIONERS APPOINTED ABOVE[293]
[_S.P.D. Charles I, Vol. 189, No. 40_], 1630.
Right Honourable and our very good Lord,
We have according to your lordship's order from the Council Board, dated
the 16th day of February, 1630, under the hand of the Clerk of the
Council, called before us the saymakers, spinsters, weavers and combers,
of Sudbury and the towns adjoining, and have examined the cause of the
saymakers abating the wages of the spinsters, weavers and combers; and
asking the saymakers why they did so abate, their answer was that all of
that trade in other parts of the Kingdom did the like; but if it might
be reformed in all other parts, they were content to give such wages as
we should set down. Whereupon we did order, with the good liking of all
parties, as in this enclosed paper is set down. We therefore humbly pray
your lordships that the like order may be taken throughout all the
kingdom with men of that trade, by way of His Majesty's proclamation, or
any other order which may seem best to your lordships' wisdoms; for if
the like order be not more general than to Sudbury and the towns
adjacent, it must necessarily be their ruin and utter undoing. And so
commending the same to your lordships' further direction, we humbly
rest, your lordships' in all services to be commanded.
This xxvith of April, 1631.
Tho. Wyseman.
Willi. Maxey.
Dra Deane.
He. Gent.
R. Wareyn.
Richard Skynner.
Ben Fissher.
_Endorsed_,
27 April, 1631.
from the Justices of the Peace in the county of Essex concerning the
Saymakers, Spinsters, Weavers and Combers of Sudbury.
_Essex._ An order made at our meeting at Halsted in the said county the
eighth day of April Anno domini 1631 by virtue of an order from the
Lords of the Council.
It is ordered and agreed upon by us whose names are hereunder written,
that the saymakers within the town of Sudbury in Suffolk shall pay unto
the spinsters for spinning of every seven knots, one penny, and to have
no deduction of their wages, and that the reel whereon the yarn is
reeled to be a yard in length, and no longer, and we do further order,
that for all the white sayes under five pounds weight the saymaker shall
give unto the weaver twelve pence the pound for the weaving thereof, and
for the sayes that shall be above five pounds and under ten pounds to
give twelve pence the pound, abating six pence in the piece for the
weaving thereof, and for the mingled sayes containing eight or nine
pounds, nine shillings, and so proportionably as it shall contain more
or less in weight. This our order to continue until the 15th day of May
next ensuing, except from the Council there shall be other order taken.
Thos. Wyseman.
Willi. Maxey.
Dra. Deane.
R. Wareyn.
Ri. Skynner.
Beniamine Fissher.
[Footnote 293: No. 19.]
21. HIGH WAGES IN THE NEW WORLD [_Winthrop's Journal, Vol. II, p. 220_],
1645.
The war in England kept servants from coming to us, so as those we had
could not be hired, when their times were out, but upon unreasonable
terms, and we found it very difficult to pay their wages to their
content (for money was very scarce). I may upon this occasion report a
passage between one Rowley and his servant. The master, being forced to
sell a pair of his oxen to pay a servant his wages, told his servant he
could keep him no longer, not knowing how to pay him the next year. The
servant answered he would serve him for more of his cattle. 'But how
shall I do' (saith the master) 'when all my cattle are gone?' The
servant replied, 'You shall then serve me, and so you may have your
cattle again.'
22. YOUNG MEN AND MAIDS ORDERED TO ENTER SERVICE [_Hist. MSS. Com., Vol.
I., p. 132_], 1655.
At an adjourned sessions on 5 June an order was made that, whereas the
rate of wages fixed for servants and labourers had been proclaimed, but
young people, both men and maids, fitting for service, will not go
abroad to service without they may have excessive wages, but will rather
work at home at their own hands, whereby the rating of wages will take
little effect, therefore no young men or maids fitting to go abroad to
service (their parents not being of ability to keep them) shall remain
at home, but shall with all convenient speed betake themselves to
service for the wages aforesaid, which if they refuse to do the Justices
shall proceed against them.
23. REQUEST TO JUSTICES OF GRAND JURY OF WORCESTERSHIRE TO ASSESS WAGES
[_Hist. MSS. Com., Vol. I, p. 322_], 1661.
Presentments by the Grand Jury. 1661, Ap. 23. We desire that the
overseers of parishes may not be hereafter compelled to provide houses
for such young persons as will marry before they have provided
themselves with a settling. We desire that servants' wages may be rated
according to the statute, for we find the unreasonableness of servants'
wages a great grievance so that the servants are grown so proud and idle
that the master cannot be known from the servant except it be because
the servant wears better clothes than his master.[294] We desire that
the statute for setting poor men's children to apprenticeship be more
duly observed, for we find the usual course is that if any are
apprenticed it is to some petty trade, and when they have served their
apprenticeship they are not able to live by their trades, whereby not
being bred to labour they are not fit for husbandry. We therefore desire
that such children may be set to husbandry for the benefit of tillage
and the good of the commonwealth.
[Footnote 294: The last clause is scratched through in the original.]
24. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF STATUTE OF ARTIFICERS[295]
[_Privy Council Register, Oct. 29, 1669_].
Upon reading this day at the board the humble Petition of Francis
Kiderbey of Framlingham ... draper, setting forth that he served his
apprenticeship for 7 years in the City of London to a Tailor, whereby he
came to the knowledge and skill of all sorts of cloth, and used and
exercised the same for a long time; that the petitioner's occasions
calling him to live in Framlingham aforesaid, and that town wanting one
that dealt in cloth, the petitioner set up a shop for selling the same,
and thereby got a good livelihood for himself and family; yet some, out
of malice, hath caused three bills of Indictment to be presented against
him at the sessions held at Woodbridge for that county upon the Statute
made 5 Eliz. c. 4, whereby it is provided that none shall use any manual
occupations but he that hath been bound seven years an apprentice to
the same, which Statute, though not repealed, yet has been by most of
the Judges looked upon as inconvenient to trade and to the increase of
inventions; that the Petitioner hath removed the said indictments into
the Court of King's Bench, where judgment will be given against him,
that statute being still in force, and therefore praying that his
Majesty will be pleased to give order to his Attorney-General to enter a
_non prosequi_ for stopping proceedings against him. It was ordered by
his Majesty in Council that it be and it is hereby referred to Mr.
Attorney-General to examine the truth of the Petitioner's case, and upon
consideration thereof to report to his Majesty in Council his opinion
thereupon, and how far he conceives it may be fit for his Majesty to
gratify the Petitioner in his said request.
[On Dec. 17, 1669, the Attorney-General reported that Kiderbey was
liable to the penalty of the Statute, but that the indictments being in
the King's name, his Majesty might order a _non processe_ to be entered;
which was ordered to be done.]
[Footnote 295: Quoted Unwin, _Industrial Organization in the Sixteenth
and Seventeenth Centuries_, App. A, VII.]
SECTION IV
THE RELIEF OF THE POOR AND THE REGULATION OF PRICES
1. Regulations made at Chester as to Beggars, 1539--2. A Proclamation
Concerning Corn and Grain to be brought into open Markets to be sold,
1545--3. Administration of Poor Relief at Norwich, 1571--4. The first
Act Directing the Levy of a Compulsory Poor Rate, 1572--5. The first
Act Requiring the Unemployed to be set to Work, 1575-6--6. Report of
Justices to Council Concerning Scarcity in Norfolk, 1586--7. Orders
devised by the Special Commandment of the Queen's Majesty for the
Relief and Ease of the Present Dearth of Grain Within the Realm,
1586--8. The Poor Law Act of 1601--9. A note of the Grievances of the
Parish of Eldersfield, 1618--10. Petition to Justices of Wiltshire
for Permission to Settle in a Parish, 1618--11. Letter from Privy
Council to Justices of Cloth-making Counties, 1621-2--12. Letter from
Privy Council to the Deputy Lieutenants and Justices of the Peace in
the Counties of Suffolk and Essex concerning the Employment of the
Poor, 1629--13. The Licensing of Badgers in Somersetshire, 1630--14.
Badgers Licensed at Somersetshire Quarter Sessions, 1630--15. The
Supplying of Bristol with Grain, 1630-1--16. Proceedings against
Engrossers and other Offenders, 1631--17. Order of Somersetshire
Justices Granting a Settlement to a Labourer, 1630-1--18. Report of
Derbyshire Justices on their Proceedings, 1631--19. Letter from Privy
Council to Justices of Rutlandshire, 1631--20. Judgment in the Star
Chamber against an Engrosser of Corn, 1631.
The national system of Poor Relief which was built up in the course of
the sixteenth century was composed of three elements, experiments of
municipal authorities, Parliamentary legislation, supervision and
stimulus supplied by the Privy Council. The first step taken by towns
was usually to organize begging by granting licences to certain
authorized beggars, while punishing the idler (No. 1); the next to
provide establishments where necessitous persons could be set to work on
materials provided at the public expense (No. 3). The action of the
State followed the same lines of development. During the first three
quarters of the sixteenth century it (_a_) left the provision of the
funds needed for relief to private charity, (_b_) directed the relief of
the "impotent poor," but treated all able-bodied persons in one
category, that of "sturdy rogues." But in 1572 it recognized the
inadequacy of voluntary contributions by directing the levy of a
compulsory poor rate (No. 4), and in 1576 made the important innovation
of discriminating between persons unemployed because they could not get
work and persons unemployed because they did not want work, by enacting
that the former should be set to work on materials provided for them,
and that the latter should be committed to the House of Correction (No.
5). The system was completed by the Act for the Relief of the Poor of
1601 (No. 8). Its administration was in the hands of the Justices of the
Peace, who were much occupied with questions of settlement (Nos. 9, 10,
17), with carrying out instructions sent to them by the Privy Council
for relieving distress (Nos. 12 and 19), and with making reports to the
Privy Council of their proceedings (No. 18).
The provision of relief was never intended to be, and down to 1640 was
not, the sole method of coping with problems of distress. It was in its
origin associated with measures of a preventive character, attempts to
prevent the eviction of peasants (Part II, Section I, Nos. 9, 10, 13-17,
20 and 21), occasional attempts to raise wages (Part II, section III,
Nos. 10, 18, 19 and 20), attempts to prevent employers dismissing
workpeople in times of trade depression (No. 11), attempts to regulate
the price of food stuffs and to secure adequate supplies for the markets
(Nos. 2, 6, 7, 13, 14, 15, 16, 20). In the latter matter, as in many
others, the Tudor governments tried to make a regularly administered
national system out of what had for centuries been the practices of
local bodies. The Justices of the Peace were required in 1545 to inspect
barns and to compel the owners of supplies of grain to sell it in open
market (No. 3). Under Elizabeth the system was elaborated. The Justices
from time to time made returns to the Privy Council of the stocks of
grain available (No. 6), and of the prices ruling (No. 18); and
extremely detailed instructions for their guidance were drawn up by
Burleigh in 1586 (No. 7). The licensing of "Badgers," or dealers in
corn, was part of their regular business (Nos. 13 and 14); the movement
of grain from one district to another was carefully supervised (No. 15);
and engrossers and regrators were frequently brought before them (No.
16). The efficiency of the system depended very largely on the close
supervision of local government and economic affairs by the Privy
Council, and on the fact that offenders against public policy could be
tried before the Court of Star Chamber. One case before that Court is
printed below (No. 20). It is interesting as showing both the economic
ideas upon which the policy of regulating prices was based, and the way
in which attempts to supervise economic relationships brought the
government into collision with the interests of the middle and
commercial classes.
AUTHORITIES
The only modern English writer who deals adequately with the subject
of this section is Miss E.M. Leonard, _The Early History of English
Poor Relief_. Short accounts of different aspects of the subject are
given by Cunningham, _English Industry and Commerce, Modern Times_,
Part I; Ashley, _Economic History_, Chap. V; Nicholls, _History of
the Poor Law_; Rogers, _Six Centuries of Work and Wages_; Tawney,
_The Agrarian Problem in the Sixteenth Century_; Gasquet, _Henry VIII
and the English Monasteries_; _Oxford Historical and Literary
Studies_, I, _Elizabethan Rogues and Vagabonds and their
Representation in Contemporary Literature_, by Frank Aydelotte;
_Oxford Studies in Social and Legal History_, Vol. III, _One Hundred
Years of Poor Law Administration in a Warwickshire Village_, by A.W.
Ashby. The student may also consult the following:--
(1) _Documentary authorities_:--Municipal Records (see bibliographies
and references under section II) and Quarter Sessions Records (see
bibliographies and references under section III); the Statutes of the
Realm, Acts of the Privy Council, Calendars of State Papers Domestic,
especially under Elizabeth; Reports of the Historical Manuscripts
Commission, especially Vol. I (containing Quarter Sessions
Proceedings of Wiltshire and Worcestershire), the volumes containing
a report on the papers of the Marquis of Salisbury (in particular
Part VII), and a report on the papers of the Marquis of Lothian (pp.
76-80).
(2) Reference to questions of pauperism and prices will be found in
contemporary literary authorities set out under section I, in
particular in the works of More, Crowley, Lever, Stubbes, Harrison,
Bacon and Moore, and in the Commonwealth of this realm of England.
Awdeley, Fraternity of Vagabonds (1561, Early English Text Society),
gives an amusing account of the habits of vagrants.
1. REGULATIONS MADE AT CHESTER AS TO BEGGARS [_Morris. Chester in the
Plantagenet and Tudor Reigns, pp. 355, 356_], 1539.
Henry Gee, Mayor, 31 Henry VIII. [1539]. Forasmuch as by reason of the
great number of multitude of valiant idle persons and vagabonds which be
strong and able to serve and labour for their livings, and yet daily go
on begging within the same city, so that the poor impotent and indigent
people and inhabiting within the same city and having no other means to
get their living but only by the charitable alms of good Christian
people daily want and be destitute of the same, to the great displeasure
of Almighty God and contrary to good conscience and the wholesome
statute and laws of our sovereign Lord the King in such case made and
provided; for reformation whereof it is ordained and established by the
said city ... that the number and names of all indigent and needy
mendicant people shall be searched, known and written, and thereupon
divided in xv parts, and every of them assigned to what ward they shall
resort and beg within the said city, and in no other place within the
same, and their names to be written in a bill and set up in every man's
house within every ward for knowledge to whom they shall give their alms
and to no other. And if any other person or persons come to any man or
woman's door, house or person to beg, not having his name in the bill
within that man's or woman's houses, then the same man or woman to give
unto the same beggar no manner alms or relief but rather to bring or
send him to the stocks within the same ward, or else to deliver him to
the constable of the same ward or the alderman's deputy within the same
ward, and he to put him in the stocks, there to remain by the space of
a day and a night; and yet, every man and woman that shall offend in
using themselves contrary to this ordinance concerning such valiant
beggars shall for every such offence forfeit xiid., to be levied to the
use of the common box by the commandment of the alderman of the same
ward, and for default of payment thereof the same man or woman so
offending to be committed to the ward by the mayor till it be paid.
And if any of the indigent and poor needy beggars [beg] at any time in
any other place within this city out of the ward to them assigned as is
aforesaid, then the same beggar so offending to be punished by the
mayor's discretion. And further it is ordered that all manner of idle
persons, being able to labour abiding within the said city and not
admitted to live by alms within the said city, shall every workday in
the morning in the time of winter at vi of the clock, and in time of
summer at iiii of the clock, resort and come unto the high cross of the
said city, and there to offer themselves to be hired to labour for their
living according to the king's laws and his statutes provided for
labourers; and if any person or persons do refuse so to do, then he or
they so refusing to be committed to ward by the mayor of the said city
for the time being, there to remain unto such time he or they so
refusing hath found sufficient sureties to be bound by recognisance
before the said mayor in a certain sum, so to [do] accordingly to the
King's laws and statutes aforesaid.
2. A PROCLAMATION ... CONCERNING CORN AND GRAIN TO BE CONVEYED AND
BROUGHT INTO OPEN MARKETS TO BE SOLD [_Br. M. Harleian MSS. 442, fo._
211][296], 1545.
Forasmuch as it is come to the knowledge of our Sovereign Lord the King,
how that divers persons, as well his own subjects as others, having more
respect to their own private lucre and advantage than to the common weal
of this his Highness's realm, have by divers and sundry means
accumulated and got into their hands and possession a great number and
multitude of corn and grain, far above the necessary finding of their
households, sowing of their lands, paying their rent-corn and performing
of their lawful bargains of corn without fraud or intrigue; and the
same of their covetous minds do wilfully detain and keep in their
possessions without bringing any part or parcel thereof into any market
to be sold, intending thereby for to cause the prices of corn to rise,
so that they may sell their corn and grain at such unreasonable prices
as they will themselves; by reason whereof the prices of corn and grains
... be raised to such excessive and high prices, that his Majesty's
loving subjects cannot gain with their great labours and pains
sufficient to pay for their convenient victuals and sustenance, and
worse are like to be hereafter, unless speedy remedy be provided in that
behalf; his Highness, therefore, by the advice of his said most
honourable council, and by authority of the said act of parliament made
in the said 31st year of his Majesty's reign, straightly chargeth and
commandeth all justices of peace ... within 20 days next ensuing the
publishing of this proclamation according to the said act, and oftener
after that by their discretions, to assemble themselves together ... and
that the said justices ... or two of them at the least, shall with all
convenient speed search the houses, barns and yards of such persons as
have been accustomed or used to sell corn and grain, and have abundance
of corn and grain more than shall be necessary for the sowing of their
lands, paying their rent-corn, performing their said lawful bargains of
corn, and finding of their houses until the feast of All Saints next
coming; and where they shall find any such abundance or surplus, shall
by their discretions straightly ... command in the name of our said
sovereign lord the king the owner or owners thereof to convey and bring
or cause to be brought such part and portion of their said corn and
grain unto the market or markets there near adjoining, or to have such
other market or markets, where they afore time have used or accustomed
to sell their corn there to be sold at, and during such time as shall be
thought meet by the said justices of the peace or two of them at the
least; the same justices delivering unto every of the said owner and
owners a bill subscribed with their hands, mentioning and declaring the
days, places, number and certainty of the bringing of the said corn and
grain to the said market and markets to be sold, as is aforesaid,
according to their said commandments and appointments; and if any person
or persons do wilfully refuse to convey or bring or cause to be brought
unto the said market or markets to be sold such part or portion of any
such corn and grain as by the said justices or two of them at the least,
shall be to him and them limited and appointed as is aforesaid, that
then every such person and persons so offending shall lose and forfeit
for every bushel ... 3s. and 4d. ... This proclamation to continue and
endure until the feast of All Saints next coming and no longer....
[Footnote 296: Quoted Schanz, _op. cit._, Vol. II, pp. 669-671.]
3. ADMINISTRATION OF POOR RELIEF AT NORWICH [_Leonard, Early History of
English Poor Relief, pp. 311-314_], 1571.
[It is ordered] 1. First, that no person or persons old or young shall
be suffered to go abroad after a general warning given, or be found
a-begging in the streets at the sermon or at any man's door or at any
place within the city, in pain of six stripes with a whip.
2. That not any person or persons shall sustain or feed any such beggars
at their doors, in pain of such fine as is appointed by statute, and
further to pay for every time fourpence, to be collected by the deacons,
and to go to the use of the poor of the said City.
3. Item that at the house called the Normans in the convenientest place
therefore, shall be appointed a working place, as well for men as for
women, viz. for the men to be prepared fourteen malt querns to grind
malt and such exercises; and for the women to spin and card and such
like exercises.
Which working place shall contain to set twelve persons or more upon
work, which persons shall be kept as prisoners to work for meat and
drink for the space of twenty and one days at the least, and longer if
cause serve, and they shall not eat but as they can earn (except some
friend will be bound for them), that the city shall no more be troubled
with them; with this proviso that such persons as shall be thither
committed shall be such as be able to work and daily notwithstanding
will not work but rather beg, or be without master or husband, or else
be vagabonds or loiterers.
Which persons shall begin their works at five of the clock in summer,
viz. from our Lady the Annunciation until Michelmas, and shall end their
works at eight of the clock at night, and in Winter to begin at six of
the clock from Michelmas to our Lady, and to end at seven of the clock
at night or half an hour past, with the allowance of one half hour or
more to eat and a quarter of an hour to spend in prayer.
And every one sent thither shall be by warrant from the mayor or his
deputy or deputies to the bailiff there, upon which warrant the bailiff
shall be bound to receive everyone so sent and set them a-work.
And those that shall refuse to do their works to them appointed or keep
their hours, to be punished by the whip at the discretion of the wardens
or bailiff of the house.
* * * * *
For the bailiff of Bridewell.
Item, upon the said authority be also appointed another officer, to be
called the bailiff of Bridewell, who is also to be resident there with
his wife and family, who shall take the charge by inventory from the
wardens of all bedding and other utensils delivered unto him to the use
of the workfolks, who shall yearly account with the wardens for the
same.
And also shall take charge of such vagabonds, men and women, as to them
shall be committed, enforcing them to work by the hours aforesaid. The
men to grind malt and other works, and the women to use their hand-deed
and, except that they work, not to eat.
And to take of them for their victual, and fuel, or other necessaries as
the price shall be rated and there set up. And to allow them for their
work by the pound (or otherwise) as shall be rated and set up, and shall
use such correction as is aforesaid.
And also shall receive all stuff thither brought and see the same truly
and well used and safely delivered.
And he to provide him of such servants as in his absence or his wife's
shall see the works done as it ought to be, and to do the house
business, as washing, making of beds, baking and also to be expert in
hand-deed to spin, card, etc.
And also to provide one officer surveyor, to go daily about the city,
with a staff in his hand, to arrest whom that is apt for Bridewell and
bring them to master mayor or to any of the committees be commanded
thither.