CHAPTER XV

GOD'S PENNY

Were we obliged to sum up the difference between town and country in one

word, that word would be "trade." In mediæval, far more than in modern,

times country places had their fairs, but London, with its markets open

Sundays and week-days, enjoyed all the benefits of a perpetual fair;

from which strangers and foreigners, though under some disadvantages

compared with freemen, were by no means excluded.

One of the great principles regulating commercial transactions in the

Middle Ages and enforced by law and custom was publicity. Bakers, as we

have seen, might not sell bread "before their oven," and to this we may

add that fishmongers might not take fish into their shops--they had to

expose it for sale outside. The object of such arrangements was to

ensure fair dealing all round. As Justice is usually figured with a pair

of scales, it may be taken for granted that the important question of

due weight did not escape the attention of legislators, and it attained

considerable prominence in 31 Edward I. (A.D. 1303), in which

year the statute De Nova Custuma was promulgated. This statute provided

that in every market town and fair throughout the Kingdom there was to

be erected in some fixed spot the Royal Beam or Balance, and that both

vendor and purchaser were to view the scale before weighing, to see that

it was empty. Prior to being used, the arms of the balance had to be

exactly equal, and when the tronator was weighing, he had to remove his

hands as soon as they were level. It may be observed that the citizens

of London refused to accept the "New Custom," stating that it had

always been the custom for all buyers of wares, whether archbishops,

bishops, earls, barons, or other persons, to have the draught of the

beam; but we have learnt by this time that a local custom was not

allowed to override the law of the land, and thus it is most improbable

that this protest, though it led to the issuing of two Royal mandates,

was long persisted in.

But the "New Custom" statute contained another provision--namely, when

once a bargain had been ratified, neither of the contracting parties was

to recede from it. If they, or either of them, took this course after

the weighing process, it would be bringing the Royal Beam into contempt,

and such profanation could not be contemplated; but the sacredness of

contract had been affirmed by local ordinances or customs before this

measure was enacted. A contract was held to be good when God's Penny, or

earnest money, had been given and received by the principals. As God's

Penny, or that which it symbolized, was the basis of all business, and

business was the life of towns, the custom appears worthy of notice in

some detail.

The _arles_, or earnest money, was given to a servant on hiring, as

shown by an entry in the Shuttleworth Accounts (printed by the Chetham

Society) for September, 1590: "4_d._, earnest money, was paid unto a

cook to serve at the next Assizes." Similarly, in February, 1592: "To

John Hay upon earnest to serve for a year as butler and brewster at

Smithhills, 4_d._" Previous entries state that 12_d._ was paid to John

Horebyn "upon erlynges" of a bargain for ditching, and that "3_d._ was

given of erles unto the gardener for his hiring another year."

Mr. Gerald P. Gordon, to whom we are indebted for much valuable

information, quotes as an analogous instance the gift of the "King's

shilling" to a recruit on enlistment. As regards mercantile transactions

he considers that the usage "was not so much a partial or symbolic

payment of the price as a distinct payment for the seller's forbearance

to deliver to somebody else." This view of the case appears to us

extremely doubtful, as it would render the contract binding on one of

the parties only--namely, the buyer; whereas Bracton and "Fleta" aver

that if the seller default he must pay double the earnest. Mr. Gordon

subsequently adduces a Preston decree, that "if a buyer should buy any

goods in large or small quantities and give earnest, and he who agreed

to sell should rue the bargain, he shall pay the double asked. But if

the buyer fingers the goods, he must either take them or pay the seller

5_s._" We infer, therefore, from his evidence alone, that the payment of

earnest was essentially symbolical and served all the purpose of a

written contract.

That the act was regarded as expressive of mutual understanding is shown

by a Northampton ordinance of about the year 1260: "That if anyone put a

penny or any merchandise before the seller be agreed to the bargain, he

shall forfeit the penny to the use of the bailiffs." The importance of

the due-fulfilment of the contract was recognized by the imposition of a

penalty on anyone who delivered the earnest and afterwards declined to

make good the bargain. At Waterford about 1300 it was enacted that

"whoever gives God's silver and repents, be he who he may, shall pay

10s."; and at Cork in 1614 an ordinance was passed, disfranchising the

defaulter of his councillorship and freedom and compelling him to pay a

fine of £20.

In the early part of the sixteenth century God's Penny was paid at

Waterford on ships' freights; and at Youghal, in 1611, it was paid into

court for the right of buying wines on board ship. As may have been

noticed in previous examples, the arles did not necessarily consist of a

penny. An ordinance of Berwick of the year 1249 declared: "If anyone buy

herring or other aforesaid goods and give God's penny or other silver in

earnest, he shall pay the merchant from whom he bought the said goods

according to the bargain made." But a penny sufficed. Noyes, the

Attorney-General of Charles I., is emphatic on this point. "If," he

says in his "Maxims," "the bargain be that you shall give me two pounds

for my horse, and you do give me one penny in earnest, which I do

accept, this is a perfect bargain." The impression left upon one's mind

is that the most important contracts as well as the most trifling

dealings were settled by the exchange of God's Penny or some equivalent

ceremony.

Now, it is evident on the face of it that the transactions must have

taken place in the presence of witnesses; otherwise a man who had made

an awkward bargain would have found it easy to escape from his dilemma

by denying that he had either given or received the penny. In early

times, before writing became a common accomplishment, and when, as now,

men might be eager to clinch a bargain without loss of time, it was

desirable in the interests of common honesty that such agreements should

be made in the light of day and in the face of the world. This custom

appears to have continued to a late date. Thus, if O'Keeffe the

dramatist may be believed, there was in the centre of Limerick Exchange

a pillar with a circular plate of copper, about three feet in diameter,

called "the nail," on which the earnest of all Stock Exchange bargains

had to be paid. At Bristol there are said to have been four pillars

called "the nails" in front of the Exchange, the purpose being the same;

and similarly, at Liverpool, bargains were completed on a plate of

copper, also called "the nail," and standing in front of the Exchange.

It is probable, however, as Mr. Gordon observes, that, the phrase

"payment on the nail" did not originate from circumstances like these,

but was an adaptation of the Latin _super unguem_ or the French _sur

l'ongle_, by which is meant "paying down into a man's hand." It might

thus stand for a bargain the opposite of that of which God's Penny was

the usual symbol. It appears to have been the custom at Ipswich in 1291

for traders not to make writings or tallies if two witnesses were in

attendance to prove that the undertaking was to pay on a near day _ou

freschement sur le ungle_. The notion of immediate payment is still

conveyed by the expression, and would cover the entire amount, not

merely God's Penny. However, that payment was undoubtedly made "on the

nail;" hence some confusion may have arisen, especially where plates and

pillars were provided for the deposit of earnest money.

In all this there is much to remind us of the Roman _mancipatio_, a

method of sale which demanded the presence of five witnesses, and in

which the buyer took possession of his new purchase by holding in his

hand a bronze ingot and repeating the formula: "This man [i.e., a slave]

I claim as belonging to me by right quiritary; and be he [or he is]

purchased to me by this ingot and this scale of bronze [i.e., that in

which the purchase money had been weighed out]."

We have expressed the opinion that the payment of God's Penny was a

symbolical act, and this opinion is supported by the fact that there

were in mediæval England hand-clasp bargains. Marbeck, a musician and

theologian of the sixteenth century, remarks: "As ye see: after all

bargaines there is a signe thereof made, eyther clapping of hands or

giving earnest." Among the provisions of the Grimsby charter of 1259 is

one to the effect that only buyers of the said town might make bargains

by hand-clasp for herring or other fish or for corn. To this was added

that hand-clasp bargains were to be valid, unless the merchandise, which

was the subject of such a bargain, should be inferior to that agreed

upon--a question which has to be determined by men worthy of credit. In

Shakespeare's "Henry V." we meet with the saying: "Give me your answer,

i' faith, do; and so clasp hands _and a bargain_; how say you, lady?"

This recalls that the joining of hands in the marriage ceremony is in

the highest degree symbolical; and it is, of course, the common token of

faith in friendship. Judging by these parallels, the payment of God's

Penny was not less symbolical than its equivalent, the clapping or

clasping of hands.

URBAN

The Customs of Old England · 第 15 / 19 章