PART I: 1000-1485

SECTION I

THE EARLY ENGLISH MANOR AND BOROUGH

1. Rights and Duties of All Persons [_Rectitudines singularum personarum_], _c._ 1000--2. The form of the Domesday Inquest, 1086--3. The borough of Dover, 1086--4. The borough of Norwich, 1086--5. The borough of Wallingford, 1086--6. The customs of Berkshire, 1086--7. Land of the Church of Worcester, 1086--8. The manor of Rockland, 1086--9. The manor of Halesowen, 1086--10. The manor of Havering, 1086.

The task of reconstructing the economic life of Saxon England is not easy, and while the document translated below (No. 1) vividly analyses the obligations and rights of the various classes of tenants and officers on Saxon estates of the eleventh century, it raises many difficulties and is probably only true for the more settled parts of the country. It affords, however, clear proof of a high agricultural and social development; and though the exact significance of specific terms, and the status of different classes, may remain obscure, a comparison of the _Rectitudines_ and the _Gerefa_[2] with later extents and custumals, and with Domesday Book itself, establishes the essential continuity of English economic life and customs, notwithstanding the shock of the Norman Conquest.

The further study of Domesday Book will undoubtedly yield valuable results supplementing the information derived from Saxon documents. While it is primarily a supreme example of the defining spirit and centralising energy of the conquering race, it is also a permanent record of England before and at the time of the Norman invasion. Especially, perhaps, is this apparent in the detailed descriptions of the boroughs, which at once set forth Saxon customs and illustrate the effects of the Conquest. The extracts given below are intended to show in brief, first, the methods both of the commissioners who conducted the survey, and of the officials who reduced the information to a common form;[3] second, the fiscal preoccupation of the government; third, the origin and character of the early borough, especially manifest in the case of Wallingford (No. 5), and fourth, the different classes of tenants, free and unfree. Of particular interest are the following features: the manner of levying the feudal army (No. 6), the evidence of the looser organisation of the Eastern Counties, and the greater degree of freedom prevailing among tenants in the Danelaw (Nos. 4 and 8), the ample franchises that might be enjoyed by a great Saxon prelate (No. 7), the saltpans of Worcestershire (No. 9), and the gildhall of the burgesses of Dover (No. 3).

AUTHORITIES

The more accessible writers dealing with the subject of this section are:--Kemble, _The Saxons in England_; Maine, _Village Communities in the East and West_; Seebohm, _The English Village Community_; Vinogradoff, _Villeinage in England_, _The Growth of the Manor_, and, _English Society in the Eleventh Century_; Andrews, _The Old English Manor_; Maitland, _Domesday Book and Beyond_; Pollock and Maitland, _History of English Law_; Ballard, _The Domesday Boroughs_, and, _The Domesday Inquest_; Round, _Domesday Studies_, and, _The Domesday Manor_ (Eng. Hist. Rev. xv.); Stubbs, _Constitutional History_, and, _Lectures on Mediæval History_; Ellis, _Introduction to Domesday Book_; Gomme, _The Village Community_; de Coulanges, _Origin of Property in Land_; Freeman, _The History of the Norman Conquest of England_; Petit Dutaillis, _Studies Supplementary to Stubbs' Constitutional History_.

Almost the whole of Domesday Book has now been translated and is printed county by county in the Victoria County History series.

For a general survey of the Saxon period the student should refer to Cunningham, _Growth of English Industry and Commerce, Mediæval Times_, pp. 28-133.

1. RIGHTS AND DUTIES OF ALL Persons [_Rectitudines Singularum Personarum_. _Cambridge_, _Corpus Christi_, 383], c. 1000.

_The Thegn's Law._--The thegn's law is that he be worthy of his book-right,[4] and that he do three things for his land, fyrdfare,[5] burhbote[6] and bridge-work. Also from many lands a greater land-service arises at the king's command, such as the deer-hedge at the king's abode and provision of warships (_scorp to fyrdscipe_)[7] and sea-ward and head-ward[8] and fyrd-ward, almsfee and churchscot, and many other diverse things.

_The Geneat's Service._--Geneat-service is diverse according to the custom of the estate. On some he must pay land-gafol[9] and grass-swine[10] yearly, and ride and carry and lead loads, work, and feast the lord, and reap and mow and cut the deer-hedge and maintain it, build and hedge the burh,[11] bring strange wayfarers to the tun, pay churchscot and almsfee, keep head-ward and horse-ward, go errands far and near whithersoever he be told.

_The Cotter's Service._--The cotter's service is according to the custom of the estate. On some he must work for his lord each Monday throughout the year and for three days each week in harvest. On some he works through the whole harvest every day and reaps an acre of oats for a day's work, and he shall have his sheaf which the reeve or lord's servant will give him.[12] He ought not to pay land-gafol. It bents him to have 5 acres; more, if it be the custom of the estate; and if it be less, it is too little, because his work shall be oft required; he shall pay his hearth-penny on Holy Thursday, as all free men should; and he shall defend his lord's inland,[13] if he be required, from sea-ward and the king's deer-hedge and from such things as befit his degree; and he shall pay his churchscot at Martinmas.

_The Gebur's Services._--The gebur's services are diverse, in come places heavy, in others moderate; on some estates he must work two days at week-work at such work as is bidden him every week throughout the year, and in harvest three days at week-work, and from Candlemas[14] to Easter three. If he do carrying, he need not work while his horse is out. He must pay on Michaelmas[15] Day 10 gafol-pence, and on Martinmas[16] Day 23 sesters of barley and two henfowls, at Easter a young sheep or two pence; and from Martinmas to Easter he must lie at the lord's fold as often as his turn comes; and from the time of the first ploughing to Martinmas he must plough an acre every week and himself fetch the seed in the lord's barn; also 3 acres at boonwork and 2 for grass-earth[17]; if he need more grass, he shall earn it as he shall be allowed; for his gafol-earth he shall plough 3 acres[18] and sow it from his own barn; and he shall pay his hearth-penny; two and two they shall feed a hunting-hound; and every gebur shall pay 6 loaves to the lord's swineherd when he drives his herd to mast. On the same lands where the above customs hold good, it belongs to the gebur that he be given for his land-stock[19] 2 oxen and 1 cow and 6 sheep and 7 acres sown on his yardland; wherefore after that year he shall do all the customs that befit him; and he shall be given tools for his work and vessels for his house. When death befals him, his lord shall take back the things which he leaves.

This land-law holds good on some lands, but, as I have said before, in some places it is heavier, in others lighter, for all land-customs are not alike. On some lands the gebur must pay honey-gafol, on some meat-gafol, on some ale-gafol. Let him who keeps the shire take heed that he knows what are the ancient uses of the land and what the custom of the people.

_Of those who keep the Bees._--It belongs to the bee-churl, if he keep the gafol-hives, that he give as is customary on the estate. Among us it is customary that he give 5 sesters of honey for gafol; on some estates more gafol is wont to be rendered. Also he must be oft ready for many works at the lord's will, besides boon-ploughing and bedrips[20] and meadow-mowing; and if he be well landed[21], he must have a horse that he may lend it to the lord for carrying or drive it himself whithersoever he be told; and many things a man so placed must do; I cannot now tell all. When death befals him, the lord shall have back the things which he leaves, save what is free.

_Of the Swineherd._--It belongs to the gafol-paying swineherd that he give of his slaughter according to the custom of the estate. On many estates the custom is that he give every year 15 swine for sticking, 10 old and 5 young, and have himself what he breeds beyond that. To many estates a heavier swine-service belongs. Let the swineherd take heed also that after sticking he prepare and singe well his slaughtered swine; then is he right worthy of the entrails, and, as I said before of the bee-keeper, he must be oft ready for any work, and have a horse for his lord's need. The unfree swineherd and the unfree bee-keeper, after death, shall be worthy of one same law.

_Of the Serf-Swineherd._--To the serf swineherd who keeps the inherd[22] belong a sucking-pig from the sty and the entrails when he has prepared bacon, and further the customs which befit the unfree.

_Of Men's Board_.--To a bondservant (_esne_) belong for board 12 pounds of good corn and 2 sheep-carcases and a good meat-cow, and wood, according to the custom of the estate.

_Of Women's Board._--To unfree women belong 8 pounds of corn for food, one sheep or 3d. for winter fare, one sester of beans for Lent fare, in summer whey or 1d.

To all serfs belong a mid-Winter feast and an Easter feast, a ploughacre[23] and a harvest handful,[24] besides their needful dues.

_Of Followers._[25]--It belongs to the follower that in 12 months he earn two acres, the one sown and the other unsown; he shall sow them himself, and his board and provision of shoes and gloves belong to him; if he may earn more, it shall be to his own behoof.

_Of the Sower._--It belongs to the sower that he have a basketful of every kind of seed when he have well sown each sowing throughout the year.

_Of the Ox-herd._--The ox-herd may pasture 2 oxen or more with the lord's herd in the common pastures by witness of his ealdorman[26]; and thereby may earn shoes and gloves for himself; and his meat-cow may go with the lord's oxen.

_Of the Cow-herd._--It belongs to the cow-herd that he have an old cow's milk for seven days after she has newly calved, and the beestings[27] for fourteen nights; and his meat-cow shall go with the lord's cow.

_Of Sheep-herds._--The sheep-herd's right is that he have 12 nights' manure at mid-Winter and 1 lamb of the year's increase, and the fleece of 1 bellwether and the milk of his flock for seven nights after the equinox and a bowlful of whey or buttermilk all the summer.

_Of the Goat-herd._--To the goat-herd belongs his herd's milk after Martinmas Day and before that his share of whey and one kid of the year's increase, if he have well cared for his herd.

_Of the Cheese-maker._--To the cheese-maker belong 100 cheeses, and that she make butter of the wring-whey[28] for the lord's table; and she shall have for herself all the buttermilk save the herd's share.

_Of the Barn-keeper._--To the barn-keeper belong the corn-droppings in harvest at the barn-door, if his ealdorman give it him and he faithfully earn it.

_Of the Beadle._--It belongs to the beadle that for his office he be freeer from work than another man, for that he must be oft ready; also to him belongs a strip of land for his toil.

_Of the Woodward._--To the woodward belongs every windfall-tree.

_Of the Hayward._--To the hayward it belongs that his toil be rewarded with land at the ends of the fields that lie by the pasture meadow; for he may expect that if he first neglects this, to his charge will be laid damage to the crops; and if a strip of land be allowed to him, this shall be by folk-right next the pasture meadow, for that if out of sloth he neglect his lord, his own land shall not be well defended, if it be found so; but if he defend well all that he shall hold, then shall he be right worthy of a good reward.

Land-laws are diverse, as I said before, nor do we fix for all places these customs that we have before spoken of, but we shew forth what is accustomed there where it is known to us; if we learn aught better, that will we gladly cherish and keep, according to the customs of the place where we shall then dwell; for gladly should he learn the law among the people, who wishes not himself to lose honour in the country. Folk-customs are many; in some places there belong to the people winter-feast, Easter-feast, boon-feast for harvest, a drinking feast for ploughing, rick-meat,[29] mowing reward, a wainstick at wood-loading, a stack-cup[30] at corn-loading, and many things that I cannot number. But this is a reminder for men, yea, all that I have set forth above.[31]

[Footnote 2: _See_ Cunningham, _Growth of English Industry and Commerce_, i., 570-576.]

[Footnote 3: _cf._ _Dialogus de Scaccario_: "Finally, that nothing might be thought lacking, he brought the whole of his far-seeing measures to completion by despatching from his side his wisest men in circuit throughout the realm. The latter made a careful survey of the whole land, in woods and pastures and meadows and arable lands also, which was reduced to a common phraseology and compiled into a book, that every man might be content with his own right and not encroach with impunity on that of another."]

[Footnote 4: The right conferred by his book or charter.]

[Footnote 5: Military service.]

[Footnote 6: Repair of the king's castles or boroughs.]

[Footnote 7: Reading with Leo _fyrdscipe_ for _frithscipe_. For the difficult word "_scorp_" cf. Pat. 9 John m. 3. _Rex omnibus scurmannis et marinellis et mercatoribus Anglie per mare itinerantibus. Sciatis nos misisse Alanum ... et alios fideles nostros scurimannos ... ad omnes naves quas invenerint per mare arrestandas._]

[Footnote 8: Guard of the king's person.]

[Footnote 9: Rent or tribute. Gafol is sometimes a tax payable to the king, and sometimes a rent or dues payable to the lord.]

[Footnote 10: Payment for pasturing swine.]

[Footnote 11: The lord's house.]

[Footnote 12: This clause appears only in the Latin version.]

[Footnote 13: _i.e._, Acquit his lord's inland or demesne.]

[Footnote 14: February 2.]

[Footnote 15: September 29.]

[Footnote 16: November 11.]

[Footnote 17: Pasture-land.]

[Footnote 18: _i.e._, He must plough 3 acres as his rent (gafol).]

[Footnote 19: Outfit.]

[Footnote 20: Reaping at the lord's command.]

[Footnote 21: If he have good land, good, that is, either in quality or quantity or both.]

[Footnote 22: The lord's herd.]

[Footnote 23: An acre for ploughing.]

[Footnote 24: A sheaf from each acre in harvest.]

[Footnote 25: A free but landless retainer.]

[Footnote 26: The reeve (gerefa).]

[Footnote 27: The first milk of a milch-cow after calving.]

[Footnote 28: The residue after the last pressing of the cheese.]

2. THE FORM OF THE DOMESDAY INQUEST [_Inquisitio Eliensis, Domesday Book, Additamenta, p. 497_], 1086.

Here below is written the inquest of the lands, in what manner the King's barons enquire, to wit, by the oath of the sheriff of the shire, and of all the barons and their Frenchmen and of the whole hundred, of the priest, the reeve, six villeins of each town. Then how the manor is named; who held it in the time of King Edward; who holds it now; how many hides; how many ploughs on the demesne, and how many of the men; how many villeins; how many cotters; how many serfs; how many freemen; how many socmen; how much wood; how much meadow; how many pastures; how many mills; how many fishponds; how much has been added or taken away; how much it was worth altogether; and how much now; how much each freeman or socman there had or has. All this for three periods; to wit, in the time of King Edward; and when King William granted it; and as it is now; and if more can be had therefrom than is had.

[Footnote 29: A feast on the completion of the hayrick.]

[Footnote 30: Probably a feast at the completion of corn-stacking.]

[Footnote 31: The best printed text is in Liebermann, _Die Gesetze der Angelsachsen,_ I. 444.]

3. THE BOROUGH OF DOVER [_Domesday Book, I, 1_], 1086.

Dover in the time of King Edward rendered 18l., of which money King Edward had two parts and Earl Godwin the third. On the contrary the canons of St. Martin had another moiety.[32] The burgesses gave twenty ships to the King once a year for fifteen days and in each ship were twenty-one men. This they did for that he had fully granted to them sac and soc.[33] When the King's messengers came there, they gave for the passage of a horse 3d. in winter and 2d. in summer. The burgesses, however, found a pilot and one other assistant, and if need were for more, it was hired from the messenger's own money.

From the feast of St. Michael[34] to the feast of St. Andrew[35] the King's truce (that is, peace) was in the town. If any man broke it, the King's reeve received therefor common amends.

Whosoever, dwelling in the town continually, rendered custom to the King, was quit of toll throughout all England.

All these customs were there when King William came to England.

Upon his very first coming to England the town was burned, and therefore the value thereof could not be computed, how much it was worth when the Bishop of Bayeux received it. Now it is valued at 40l., and yet the reeve renders therefrom 54l., that is, to the King 24l. of pence which are twenty in the ounce (_ora_)[36] and to the Earl 30l. by tale.

In Dover there are 29 messuages, from which the King has lost the custom. Of these Robert of Romney has two, Ralph de Curbespine three, William son of Tedald one, William son of Oger one, William son of Tedold and Robert Niger six, William son of Goisfrid three, in which was the gildhall of the burgesses, Hugh de Montfort one house, Durand one, Ranulf de Columbels one, Wadard six, the son of Modbert one. And all these of these houses avow the Bishop of Bayeux as their protector, donor and grantor.

Of the messuage which Ranulf de Columbels holds, which belonged to an exile (that is, an outlaw), they agree that half the land is the King's, and Ranulf himself has both. Humphrey the Bandylegged (_Loripes_) holds one messuage wherefrom half the forfeiture was the King's. Roger de Ostreham made a house over the King's water and has held hitherto the King's custom. And the house was not there in the time of King Edward.

At the entry of the port of Dover there is a mill which by great disturbance of the sea shatters almost all ships, and does the greatest damage to the King and the men; and it was not there in the time of King Edward. Touching this the nephew of Herbert says that the Bishop of Bayeux granted to his uncle Herbert son of Ivo that it should be made.

[Footnote 32: There was clearly a difference of opinion.]

[Footnote 33: Rights and profits of jurisdiction.]

[Footnote 34: September 29.]

[Footnote 35: November 30.]

[Footnote 36: _cf_. Fleta ii. 12: "_Viginti denarii faciunt unciam_."]

4. THE BOROUGH OF NORWICH [_Domesday Book, II_, 116], 1086.

In Norwich there were in the time of King Edward 1320 burgesses. Of whom one was so much the King's own (_dominicus_) that he could not withdraw nor do homage without his licence; whose name was Edstan. He had 18 acres of land and 12 of meadow and 2 churches in the borough and a sixth part of a third; and to one church pertained a messuage in the borough and 6 acres of meadow. This borough Roger Bigot holds of the King's gift. And of 1238 burgesses the King and the Earl had soc and sac[37] and custom; and over 50 Stigand had soc and sac and commendation[38]; and over 32 Harold had soc and sac and commendation; of whom one was so much his own (_dominicus_) that he could not withdraw nor do homage without his licence. In all they all had 80 acres of land and 20 acres and a half of meadow; and of these one was a woman, Stigand's sister, with 32 acres of land; and between them all they had half a mill and the fourth part of a mill, and still have; and in addition they had 12 acres and a half of meadow which Wihenoc took from them; now Rainald son of Ivo has the same; and in addition 2 acres of meadow which belonged to the church of All Saints; these also Wihenoc took, and now Rainald has them. There is also in the borough a church of St. Martin which Stigand held in the time of King Edward, and 12 acres of land; William de Noiers has it now as part of the fee of Stigand. Stigand also held a church of St. Michael, to which belong 112 acres of land and 6 of meadow and 1 plough. This Bishop William holds, but not of the bishopric. And the burgesses held 15 churches to which belonged in almoin 181 acres of land and meadow. And in the time of King Edward 12 burgesses held the church of Holy Trinity; now the bishop holds it of the gift of King William. The King and the Earl had 180 acres of land. The Abbot has a moiety of the church of St. Lawrence and one house of St. Edmund. This was all in the time of King Edward. Now there are in the borough 665 English burgesses and they render the customs; and 480 bordiers who owing to poverty render no custom. And on that land which Stigand held in the time of King Edward there dwell now 39 burgesses of those above; and on the same land there are 9 messuages empty. And on that land of which Harold had the soke there are 15 burgesses and 17 empty messuages which are in the occupation of the castle. And in the borough are 190 empty messuages in that part which was in the soke of the King and Earl, and 81 in the occupation of the castle. In the borough are further 50 houses from which the King has not his custom.... And in the borough the burgesses hold 43 chapels. And the whole of this town rendered in the time of King Edward 20l. to the King and to the Earl 10l. and besides this 21s. 4d. for allowances and 6 quarts of honey and 1 bear and 6 dogs for bear-[baiting]. And now 70l. king's weight and 100s. by tale as gersum to the Queen and 1 goshawk and 20l. blanch to the Earl and 20s. by tale as gersum to Godric.... Of the burgesses who dwelt in Norwich 22 have gone away and dwell in Beccles, a town of the abbot of St. Edmund, and 6 in Humbleyard hundred, and have left the borough, and in King's Thorpe 1, and on the land of Roger Bigot 1, and under W. de Noies 1, and Richard de Sent Cler 1. Those fleeing and the others remaining are altogether ruined, partly owing to the forfeitures of Earl Ralph, partly owing to a fire, partly owing to the King's geld, partly through Waleram.

In this borough if the bishop wishes he can have one moneyer....

_Land of the Burgesses._--In the hundred of Humbleyard always 80 acres and 14 bordiers and 1 plough and 3 acres of meadow; and they are worth 13s. 4d.

_The French of Norwich._--In the new borough are 36 burgesses and 6 Englishmen and of yearly custom each one rendered 1d. besides forfeitures; of all this the King had two parts and the Earl the third. Now there are 41 French burgesses on the demesne of the King and the Earl, and Roger Bigot has 50, and Ralph de Bella Fago 14, and Hermer 8, and Robert the crossbowman 5, and Fulcher, the abbot's man, 1, and Isac 1, and Ralph Visus Lupi 1, and in the Earl's bakehouse Robert Blund has 3, and Wimer has 1 ruined messuage.

All this land of the burgesses was on the demesne of Earl Ralph and he granted it to the King in common to make the borough between himself and the King, as the sheriff testifies. And all those lands as well of the knights as of the burgesses render to the King his custom. There is also in the new borough a church which Earl Ralph made, and he gave it to his chaplains. Now a priest of the sheriff, by name Wala, holds it of the King's gift, and it is worth 60s. And so long as Robert Blund held the county, he had therefrom each year 1 ounce of gold.

[Footnote 37: _i.e._, Rights of jurisdiction.]

[Footnote 38: _i.e._, Feudal lordship.]

5. THE BOROUGH OF WALLINGFORD [_Domesday Book, I_, 56], 1086.

In the borough of Wallingford King Edward had 8 virgates of land, and in these there were 276 haws[39] rendering 11l. of rent (_gablo_), and those who dwelt there did service for the King with horses or by water as far as Blewbury, Reading, Sutton, Bensington, and to those doing this service the reeve gave hire or corrody not from the king's revenue (_censu_) but from his own.

Now there are in the borough all customs as there were before. But of the haws there are thirteen less; for the castle eight have been destroyed, and the moneyer has one quit so long as he makes money. Saulf of Oxford has one, the son of Alsi of Farringdon one, which the King gave him, as he says. Humphrey Visdelew has one, for which he claims the King to warranty. Nigel holds one of Henry by inheritance from Soarding, but the burgesses testify that the latter never had it. From these thirteen the King has no custom; and further William de Warenne has one haw from which the King has no custom. Moreover there are 22 messuages of Frenchmen rendering 6s. 5d.

King Edward had 15 acres in which housecarles dwelt. Miles Crispin holds them, they know not how. One of these belongs to[40] (_jacet in_) Wittenham, a manor of Walter Giffard.

Bishop Walchelin has 27 haws rendering 25s. and they are valued in Brightwell, his manor.

The abbot of Abingdon has 2 acres on which are 7 messuages rendering 4s., and they pertain to Oxford.

Miles has 20 messuages rendering 12s. 10d., and they belong to (_jacent in_) Newnham, and also one acre on which there are 6 haws rendering 18d. In Hazeley he has 6 messuages rendering 44d. In Stoke one messuage rendering 12d. In Chalgrove one messuage rendering 4d. In Sutton one acre on which there are 6 messuages rendering 12d., and in Bray one acre and 11 messuages rendering 3s. there. All this land pertains to Oxfordshire; nevertheless it is in Wallingford....

Alwold and Godric have the rent (_gablum_) of their houses and bloodwite if blood is shed there, if the man should be received within them before he be claimed by the King's reeve, except on Saturday owing to the market, because then the King has the forfeiture; and they have the fine for adultery and theft in their houses; but other forfeitures are the King's.

In the time of King Edward the borough was worth 30l. and afterwards 40l.; now 60l. And yet it renders of farm 80l. by tale. What pertains to Adbrei is worth 7s. and the land of Miles Moli 24s. What the abbot of Abingdon has is worth 8s. What Roger de Laci has, 7s. What Rainald has, 4s.

The underwritten thegns of Oxfordshire had land in Wallingford.

Archbishop Lanfranc, 4 houses pertaining to Newington rendering 6s. Bishop Remigius, one house pertaining to Dorchester rendering 12d. The abbot of St. Alban one house rendering 4s. Abbot R. one house in Ewelme rendering 3s.

Earl Hugh, one house in Pyrton rendering 3s.

Walter Giffard, 3 houses in Caversham rendering 2s.

Roger de Olgi, 2 houses in Watlington rendering 2s. and one house in Perie rendering 2s.

Ilbert de Lacy and Roger son of Seifrid and Orgar, 3 houses rendering 4s.

Hugh de Bolebec 3 houses in Crem rendering 3s.

Hugh Grando de Scoca, one house rendering 12d.

Drogo, in Shirburne and in Weston, 3 houses rendering 4s.

Robert Armenteres, in Ewelme, one house rendering 12d.

Wazo, one house in Ewelme rendering 3s.

[Footnote 39: _i.e._, Houses.]

[Footnote 40: Or, "is valued in."]

6. CUSTOMS OF BERKSHIRE [_Domesday Book, I_, 56], 1086.

When geld was given in the time of King Edward in common throughout the whole of Berkshire, a hide gave 3-1/2d. before Christmas and as much at Whitsuntide. If the King sent an army anywhere, from 5 hides went one knight only, and for his food or wages 4s. were given to him from each hide for two months. This money, however, was not sent to the King, but was given to the knights. If anyone summoned for military service went not, he forfeited to the King the whole of his land. And if anyone stayed behind and promised to send another in his place, and yet he who was to be sent stayed behind, his lord was quit for 50s. A thegn or knight of the King's own (_dominicus_) left to the King at death for relief all his arms and one horse with a saddle and one without a saddle. And if he had hounds or hawks, they were presented to the King, that he might receive them if he would. If anyone killed a man having the King's peace, he forfeited to the King both his body and all his substance. He who broke into a city by night made amends in 100s. to the King, not to the sheriff. He who was warned to beat the woods for hunting and went not, made amends to the King in 50s.

7. LAND OF THE CHURCH OF WORCESTER [_Domesday Book, I_, 172_b_], 1086.

The church of St. Mary of Worcester has a hundred which is called Oswaldslaw, in which lie 300 hides, wherefrom the bishop of that church, by a constitution of ancient times, has all the profits of the sokes and all the customs belonging thereto for his own board and for the king's service and his own, so that no sheriff can have any plaint there, neither in any plea nor in any cause whatsoever. This the whole county testifies. These aforesaid 300 hides were of the demesne itself of the church, and if anything thereof had been in any wise demised or granted to any man soever, to serve the bishop therewith, he who held the land granted to him could not retain for himself any custom at all therefrom, save through the bishop, nor could he retain the land save until the completed term which they had determined between themselves, nor could he go anywhither with that land.

8. THE MANOR OF ROCKLAND, CO. NORFOLK [_Domesday Book, II_, 164, 164 _b_], 1086.

In Rockland Simon holds 3 carucates of land which one freeman, Brode, held in the time of King Edward. Then as now 2 villeins and 12 bordiers.[41] Then 4 serfs, now 1, and 8 acres of meadow; then as now 2 ploughs on the demesne and 1 plough among the men. Wood for 6 swine. Then 4 rounceys,[42] now none. Then 8 beasts, now 5. Then 30 swine, now 15. Then 100 sheep, and now likewise. And in the same [town] the same Simon holds 6 freemen and a half, whom the same Brode had in commendation only; 70 acres of land and 4 acres of meadow; then as now 1 plough and a half. Of these 6 freemen and a half the soke was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it. Then and always they were worth 3l. 10s.

After this there were added to this land 9 freemen and a half, 1 carucate of land, 54 acres, this is in demesne; then as now 9 bordiers and 8 acres of meadow; then as now 6 ploughs, and 2 half mills. The whole of this is [reckoned] for one manor of Lewes and is worth 3l. 11s. Of four and a half of the 9 freemen the soke and commendation was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it, and the whole was delivered in the time of Earl Ralph. The whole is 1 league in length and a half in breadth, and [pays] 15d. of geld.

[Footnote 41: Cotters.]

[Footnote 42: Horses.]

9. THE MANOR OF HALESOWEN, CO. WORCESTER [_Domesday Book, I_, 176], 1086.

Earl Roger holds of the King one manor, Halesowen. There are 10 hides there. On the demesne there are 4 ploughs and 36 villeins and 18 bordiers, 4 "radmans" and a church with 2 priests. Among them all they have 41-1/2 ploughs. There are there 8 serfs and 2 bondwomen. Of this land Roger Venator holds of the Earl one hide and a half, and there he has one plough and 6 villeins, and 5 bordiers with 5 ploughs. It is worth 25s. In the time of King Edward this manor was worth 24l. Now 15l. Olwin held and had in Droitwich a saltpan worth 4s. and in Worcester a house worth 12d.

The same Earl holds Salwarpe, and Urso of him. Elwin Cilt held it. There are 5 hides there. On the demesne there is one plough and 6 villeins, and 5 bordiers with 7 ploughs. There are there 3 serfs and 3 bondwomen and a mill worth 10s. and 5 saltpans worth 60s. Half a league of wood and a park there. In the time of King Edward it was worth 100s. Now 6l. There can be two ploughs more there.

10. THE MANOR OF HAVERING, CO. ESSEX [_Domesday Book, II_, 2 _b_], 1086.

_Hundred of Bintree._--Harold held Havering in the time of King Edward for one manor and for 10 hides. Then 41 villeins, now 40. Then as now 41 bordiers and 6 serfs and 2 ploughs on the demesne. Then 41 ploughs among the men, now 40. Wood for 500 swine, 100 acres of meadow; now one mill, two rounceys and 10 beasts and 160 swine and 269 sheep. To this manor belonged 4 freemen with 4 hides in the time of King Edward, rendering custom. Now Robert son of Corbutio holds 3 hides, and Hugh de Monte Forti the fourth hide, and they have not rendered custom since they have had them. And further the same Robert holds 4 hides and a half which one freeman held at this manor in the time of King Edward; the freeman held also a soke of 30 acres, rendering custom; and now John son of Galeram holds it. And this manor in the time of King Edward was worth 36l., now 40l. And Peter the sheriff received therefrom 80l. of rent and 10l. of gersom.[43] To this manor pertain 20 acres lying in Lochetun, which Harold's reeve held in the time of King Edward; now the King's reeve holds the same, and they are worth 40d.

[Footnote 43: _i.e._, Fine.]

Section II

THE FEUDAL STRUCTURE

1. Frankalmoin, _temp._ Hen. II.--2. Knight Service, 1308--3. Grand Serjeanty, 1319--4. Petty Serjeanty, 1329--5. An action on the feudal incidents due from land held by petty serjeanty, 1239-40--6. Free socage, 1342--7. Commutation of a serjeanty for knight service, 1254--8. Commutation of service for rent, 1269--9. Subinfeudation, 1278--10. Licence for the widow of a tenant in chief to marry, 1316--11. Marriage of a widow without licence, 1338--12. Alienation of land by a tenant in chief without licence, 1273--13. Wardship and marriage, 1179-80--14. Grant of an heir's marriage, 1320--15. Wardship, 1337--16. Collection of a carucage, 1198--17. An acquittance of the collectors of scutage of a sum of 10l. levied by them and repaid, 1319--18. Payment of fines in lieu of knight service, 1303--19. The assessment of a tallage, 1314--20. A writ _Precipe_, _c._ 1200--21. Articles of enquiry touching rights and liberties and the state of the realm, 1274--- 22. Wreck of sea, 1337.

The general characteristics of feudalism as a system by which the administrative, legislative and judicial functions of the state had their basis in the tenure of land, are well known. In the following documents an attempt has been made to illustrate the development of English feudalism under the direction of a strong central government, which succeeded in controlling the centrifugal force of feudal institutions and in establishing a national administration dependent on the crown and antagonistic to local franchise. By the end of the thirteenth century the crown was firmly entrenched behind well developed courts of permanent officials, having at the same time retained its control of local affairs by preventing the office of sheriff from becoming hereditary; in the sphere of justice, the central courts of King's Bench and Common Pleas, supplemented by the itinerant Justices of Assize and by the energy of the Chancellor in devising new remedies and new legal actions, were slowly but surely undermining the manorial justice of the greater tenants, a process well understood by the framers of _Magna Carta_; while the creation of Parliament brought into being an institution destined to rival and ultimately to supersede the exclusive claims of the lords, the feudal council, to advise and control the crown. While therefore the worst tendencies of feudalism were neutralised, the sovereign's hold on the land was tightened, and feudal obligations were reduced to a rigid system which persisted until the Civil War of the seventeenth century. The administration of this branch of royal rights, facilitated by the existence of Domesday Book and the rapid development of the Exchequer, was locally in the hands of the sheriffs for a century and a half after the Conquest; but the growth of business, due to the increase of population and the subdivision of the original knights' fees, necessitated the creation of a separate official. Already in the time of Richard I., there appears "the keeper of the king's escheats," and early in the reign of Henry III. the sheriffs are relieved by the two escheators, one on each side of the Trent, who answer directly at the Exchequer, although it is not until the year 17 Edward II. (1323-4) that their accounts are transferred from the Pipe Roll to a separate enrolment.

The office of escheator passed through a period of experimental fluctuation during the first half of the fourteenth century; Edward I. in 1275 temporarily abolished the original two escheatries, dividing the realm into three stewardships with the sheriffs as escheators in each county; Edward II. in 1323 divided the country into ten escheatries,[44] a plan readopted by Edward III. in 1340; between 1332 and 1340 there were five escheators, between 1341 and 1357 the office was held by the sheriffs, though separate patents were issued, while from 1357 onwards the office suffered no change of importance until the Tudor period, when the Court of Wards was established (32 Henry VIII.) and the feodary appears. The functions of the escheator were to take into the king's hand and administer the lands of all tenants in chief and of others whose lands by death, escheat or forfeiture, fell to the crown, to deliver seisin to the heirs, after taking security for the payment of relief, to make partitions of lands among heiresses, to assign dowers to the widows of tenants, and in general to watch over the interests of the crown in all matters of feudal obligation.

The documents given below show the machinery in operation. Instances are given of the different tenures[45] (Nos. 1 to 6), while the uncertainty prevailing in the twelfth century as to the incidents due from land held by serjeanty is illustrated in No. 5. The gradual substitution of a money economy for a feudal economy, which finds expression in scutage (No. 17) and otherwise (No. 18), encouraged an elasticity of tenure which made a change from serjeanty to knight service (No. 7) and from personal service to a rent (No. 8) convenient equally to lord and tenant. The degree to which subinfeudation had commonly proceeded in the thirteenth century is shown in No. 9, and the burden of the feudal incidents is exemplified in Nos. 10 to 15. The ordinary revenues of the Crown from feudal incidents and aids, rents, the profits of justice, and escheats, were never sufficient to meet emergencies, just as the feudal army was inadequate for a protracted campaign, and hence the Crown was forced to resort on the one hand to a universal land-tax (No. 16) or a limited exaction from the crown demesnes (No. 19), and on the other to a tax on the feudal unit, the knight's fee (No. 17); the provisions for the collection of a carucage illustrate the royal determination to exact the uttermost farthing, while the assessment of a scutage was conducted on the modern principle of extracting the money first and settling the liability afterwards. No. 20 is a rare surviving instance of an original writ _Precipe_ issued before _Magna Carta_, and shows precisely the method of the royal procedure in attracting legal causes to the King's jurisdiction out of the hands of the lord. The section concludes with the important articles of enquiry initiated by Edward I., which led to the compilation of the Hundred Rolls and the proceedings _quo warranto_, and also set out in detail the King's conception of his sovereignty and of the royal origin of all feudal franchises and liberties (No. 21); while the last document (No. 22) furnishes a curious instance of one of the minor royal rights.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:--Pollock & Maitland, _History of English Law_; Maitland, _Lectures on Constitutional History_; Stubbs, _Constitutional History_; Hazlitt, _Tenures of land and customs of manors_; Round, _Feudal England_; Round, _The King's Serjeants and Officers of State_; Baldwin, _Scutage and Knight Service in England_; McKechnie, _Magna Carta_; Freeman, _Norman Conquest_; Hatschek, _Englische Verfassungsgeschichte_; Digby, _History of the Law of Real Property_.

_Documentary authorities_:--The principal original sources are, _The Red Book of the Exchequer_ (Hall, Rolls Series); _The Hundred Rolls_ (Record Commission), _Placita de quo Warranto_ (Record Commission); _Placitorum Abbreviatio_ (Record Commission); _Testa de Nevill_ (Record Commission),[46] _Inquisitions Post Mortem_ (Record Office Calendars), _Feudal Aids_ (Record Office Calendars).

[Footnote 44: Besides these ten, the palatinate county of Chester had its own escheator, and the Mayor of London exercised the office in London. Minor escheatries were carved out from time to time.]

[Footnote 45: Unfree tenure is illustrated below in section III., The Manor.]

[Footnote 46: A new edition is in course of preparation.]

1. FRANKALMOIN [_Ancient Deeds_, B. 4249]. _temp._ Henry II.

To all sons of Holy Mother Church, present and to come, Roger son of Elyas of Helpstone, greeting. Know ye that I have given and granted and by my present charter confirmed to God and the church of St. Michael of Stamford and the nuns serving God there, for the souls of my father and my mother and for the salvation of my soul and the souls of my ancestors and successors, in free and pure and perpetual alms, 2 acres of land, less 1 rood, in the fields of Helpstone, to wit, 3 roods of land on Peselond between the land of Payn the knight and between the land of Robert Blund, and 1/2 acre between the land of William Peri and between the land of William son of Ede, and 2 roods between the land of Sir Roger de Torpel, lying on both sides. I have given, moreover, to God and the church of St. Michael and the nuns serving God there, in free and pure and perpetual alms 1/2d. of rent which John son of Richard of Barnack used to render to me on the day of St. Peter's Chains[47] for a house and for a rood of land in Helpstone. And the aforesaid land and 1/2d. of rent I, Roger, and my heirs will warrant to the aforesaid nuns against all men and against all women. Witnesses:--Payn of Helpstone, Roger his son, Geoffrey of Lohoum, Geoffrey of Norbury, Walter of Helpstone, Robert son of Simon, Geoffrey son of John, Geoffrey son of Herlewin, Walter of Tickencote, Richard Pec.

[Footnote 47: August 1.]

2. KNIGHT SERVICE [_Inquisitions post mortem, Edward II,_ 2, 19], 1308.

_Somerset._--Inquisition made before the escheator of the lord the King at Somerton on 29 January in the first year of the reign of King Edward [II], of the lands and tenements that were of Hugh Poyntz in the county of Somerset on the day on which he died, how much, to wit, he held of the lord the King in chief and how much of others and by what service, and how much those lands and tenements are worth yearly in all issues, and who is his next heir and of what age, by the oath of Matthew de Esse[48] ... Who say by their oath that the aforesaid Hugh Poyntz held in his demesne as of fee in the county aforesaid on the day on which he died the manor of Curry Mallet, with the appurtenances, of the lord the King in chief for a moiety of the barony of Curry Mallet by the service of one knight's fee; in which manor is a capital messuage which is worth 4s. a year with the fruit and herbage of the garden; and there are there 280 acres of arable land which are worth 4l. 13s. 4d. a year at 4d. an acre; and there are there 60 acres of meadow which are worth 4l. 10s. a year at 18d. an acre; and there is there a park the pasture whereof is worth 6s. 8d. a year and not more owing to the sustenance of deer; and the pleas and perquisites of the court there are worth 4s. a year; And there are there 12 free tenants in fee, who render yearly at the feasts of Michaelmas and Easter by equal portions 74s. 8d. for all service; and there are there 16 customary tenants, each of whom holds 1/2 virgate of land in villeinage, rendering yearly at the said terms by equal portions 4s., and the works of each are worth from the feast of the Nativity of St. John the Baptist[49] to the feast of Michaelmas 2s. a year; and there are there 28 customary tenants, each of whom holds 1 fardel[50] of land in villeinage, rendering yearly at the said terms by equal portions 2s., and the works of each for the same time are worth 12d. Sum of the extent:--22l. 12s. 8d.

Further, the aforesaid jurors say that Nicholas Poyntz, son of the aforesaid Hugh Poyntz, is next heir of the same Hugh and of the age of 30 years and more. In witness whereof the same jurors have set their seals to this inquisition.

* * * * *

The aforesaid Hugh de Poyntz held no other lands or tenements in my bailiwick on the day on which he died, except the lands and tenements in these inquisitions.[51]

[Footnote 48: And eleven others named.]

[Footnote 49: June 24.]

[Footnote 50: A quarter of a virgate.]

[Footnote 51: A second inquisition is appended.]

3. GRAND SERJEANTY [_Inquisitions ad quod damnum_, 135, 10], 1319.

_Norfolk._--Inquisition made at Bishop's Lynn before the escheator of the lord the King on 30 March in the 12th year of the reign of King Edward, son of King Edward, by Robert de Causton.[52] ... Which jurors say upon their oath that it is not to the damage or prejudice of the lord the King or of others if the lord the King grant to Thomas de Hauvill that he may grant to the venerable father John, bishop of Norwich, a custom called lastage[53] which he has and receives in the port of Bishop's Lynn in the county of Norfolk, to receive and hold to him and his successors, bishops of that place, for ever. Asked of whom that custom is holden in chief, they say, Of the lord the King in chief. Asked also by what service, they say that Thomas de Hauvill holds the manors of Dunton and Rainham and the custom called lastage in the ports of Bishop's Lynn and Great Yarmouth, in the county aforesaid, and Boston, in the county of Lincoln, by grand serjeanty, to wit, by the service of keeping a falcon of the lord the King yearly.[54] Asked how much that custom is worth yearly in the port of Lynn, they say that the aforesaid custom in the aforesaid port of Lynn is worth 16s. according to the true value in all issues yearly. In witness whereof the aforesaid jurors have set their seals to this inquisition at Lynn the day and year abovesaid.

[Footnote 52: And eleven others named.]

[Footnote 53: Here a toll of ships' ladings.]

[Footnote 54: The service of grand serjeanty was usually more onerous.]

4. PETTY SERJEANTY [_Fine Roll, 3 Edward III, m. 5_], 1329.

The King to his beloved and faithful, Simon de Bereford, his escheator on this side Trent, greeting. Because we have learned by an inquisition which we caused to be made by you that Nicholaa, who was the wife of Nicholas de Mortesthorp, deceased (_defuncta_), held on the day on which she died the manor of Kingston Russell with the appurtenances for the term of her life of the gift of William Russel, and that that manor is held of us in chief by the service of counting our chessmen (_narrandi familiam scaccarii nostri_) in our chamber, and of putting them in a box when we have finished our game; and that the aforesaid Nicholaa held on the day aforesaid the manor of Allington with the appurtenances for the term of her life of Theobald Russel by knight service; and that the aforesaid Theobald, son of the aforesaid William, is William's next heir of the manors aforesaid and of full age: We have taken Theobald's homage for the manor which is thus held of us and have given it back to him. And therefore we command you, that after you have taken security from the aforesaid Theobald for rendering to us a reasonable relief at our Exchequer, you cause the same Theobald to have full seisin of the manor aforesaid with the appurtenances and of the other lands and tenements which the same Nicholaa so held for the term of her life of the inheritance aforesaid in your bailiwick on the day on which she died, and which on account of her death have been taken into our hand, saving the right of every man. Witness the King at Gloucester,

26 September. By writ of privy seal.

5. AN ACTION ON THE FEUDAL INCIDENTS DUE FROM LANDS HELD BY PETTY SERJEANTY [_Bracton's Note-Book, III, 290. No. 1280_], 1239-40.

Jollan de Nevill was summoned to shew wherefore without licence of the lord the King he gave in marriage William, son and heir of Randolf son of Robert, who ought to be in the wardship of the lord the King because Randolf held his land of the King by the service of serjeanty, etc. And Jollan comes and says that the aforesaid William held no such land of the lord the King in chief save by the following service, to wit, that he ought to be verger (_portare unam uirgam_) before the justices in eyre at Lincoln, wherefore it seems to him that no wardship pertains thereof to the lord the King, and he says that at another time he was impleaded by Earl Richard[55] touching that wardship on account of certain land which the same Randolf held of the same Earl, and in such wise that an inquisition was made whereby it was proved that the same Earl had no right in that wardship, and also he says that another inquisition was made between the lord the King and him, Jollan, whereby it was proved that the wardship pertained to Jollan, and the inquisition was delivered to the Chancellor, and he puts himself on that inquisition, and thereof he says that after the wardship remained to him by that inquisition he sold the wardship and marriage forthwith to the Chancellor at Lincoln for 20 marks. And therefore let the inquisition be viewed etc.[56]

[Footnote 55: Earl of Cornwall, the king's brother.]

[Footnote 56: For the uncertainty prevailing as to the burdens of this tenure in the thirteenth century, _cf._ Bracton, _f._ 35_b_. "Since such services are not done for the king's army or the defence of the country, no marriage or wardship is due therefrom to the chief lord, any more than from socage." But the gloss of this dictum quotes an instance of a justice upholding the claim of a chief lord to the wardship and marriage of the heir of a tenant by petty serjeanty.]

6. FREE SOCAGE [_Fine Roll, 16 Edward III, m. 15_], 1342.

The King to his beloved and trusty, Richard de Monte Caniso, his escheator in the counties of Essex, Hertford and Middlesex, greeting. Because we have learned by an inquisition which we caused to be made by you that a tenement with the appurtenances in the parish of St. Clement Danes without the bar of the New Temple, London, which was of Thomas de Crauford, barber, deceased, and which is worth by the year in all issues 6s. 8d. according to the true value of the same, is holden of us in chief in free socage by the service of 18d. a year to be rendered therefrom to us at our Exchequer for all services, and that the wardship of the land and heir of the same Thomas does not pertain to us, because the wardship of such tenements holden of us in form aforesaid ought to pertain to the next friends of the same heirs to whom the aforesaid tenements cannot come by hereditary right, and that John, son of the said Thomas, is next heir of the same Thomas and of the age of fourteen years: We have taken the fealty of the same John due to us from the tenement aforesaid. And therefore we command you that after you have received from the aforesaid John security for rendering to us his reasonable relief at our Exchequer, you deliver to the same John the tenement aforesaid with the appurtenances, which was taken into our hand by reason of the death of the aforesaid Thomas; saving the right of any man. Witness the King at Woodstock, 18 June.

7. COMMUTATION OF A SERJEANTY FOR KNIGHT SERVICE [_Inquisitions ad quod damnum_, 1, 30], 1254.

This is the inquisition made by the oath of James de Northon[57] ... in the presence of the keepers of the pleas of the crown,[58] what damage it would be to the lord the King to grant to his beloved and trusty Adam de Gurdun that for the service which his father used to do to the same lord the King, to wit, of finding a serjeant for the lord the King for 40 days in his army and expedition, for the land which the same Adam and his mother hold of the lord the King by serjeanty in Tisted and Selborne in the county of Southampton, hereafter he do to the lord the King the service of half a knight's fee: Who say that it is not to the damage of the lord the King to grant to Adam de Gurdun that for the service which his father used to do to the lord the King ... he do hereafter the service of half a knight's fee. In witness whereof they have set their seals to this inquisition.

[Footnote 57: And eleven others named.]

[Footnote 58: The coroners.]

8. COMMUTATION OF SERVICE FOR RENT [_Inquisitions ad quod damnum_, 2, 40], 1269.

Inquisition made before the sheriff on All Souls Day[59] in the 53rd year of the reign of King Henry son of King John, what and what sort of customs and services are due to the lord the King from two virgates of land with the appurtenances which Adam de Ardern holds of the aforesaid lord the King in Colverdon and Walesworth, within the manor of the aforesaid lord the King of Barton without Gloucester, and how much those customs and services are worth yearly in money, if they were converted into money, and whether it would be to the damage of the aforesaid lord the King or to the injury of the manor aforesaid, if the lord the King should grant to the aforesaid Adam that for the customs and services aforesaid he should render to the aforesaid lord the King the value of the same yearly in money; and if it should be to the damage of the lord the King aforesaid or to the injury of the same manor, to what damage and what injury; by the oath of the below written persons, to wit, Philip de Hatherle[60] ... Who say upon their oath that the aforesaid Adam holds of the aforesaid lord the King within the manor aforesaid in Colverdon a virgate of land with the appurtenances and renders 10s. a year to the lord the King, and another virgate of land with the appurtenances in Walesworth and renders 20s. to the same lord the King, and for the aforesaid two virgates of land he owes suit to the court of the lord the King at the Barton aforesaid, and it is worth 2s. a year, and he shall carry writs within the county and shall have no answering of the aforesaid writs, and it is worth 2s. a year, and he ought to be tallaged for the two virgates of land aforesaid, when tallage is imposed, at the will of the lord the King. And if the aforesaid lord the King should grant to the aforesaid Adam to hold the aforesaid land for the aforesaid service,[61] it would not be to the damage of the lord the King nor to the injury of the manor aforesaid.

[Footnote 59: November 2.]

[Footnote 60: And twelve others named.]

[Footnote 61: _i.e._, for the money-payments specified above.]

9. SUBINFEUDATION [_Rotuli Hundredorum, II_, 350], 1278

_Township of Thornborough._--The abbot of Biddlesdon holds 6 hides of land and a virgate in Thornborough, to wit, of John de Hastings one hide of land, and John himself holds of Sir John son of Alan, and Sir John himself holds of the lord the King in chief.

Again, the said abbot holds a half hide of land and a virgate of Alice daughter of Robert de Hastings, and she holds of Sir John son of Alan, and he holds of the King in chief, and the said abbot renders to the said Alice 30s. a year.

Again, the same abbot holds of Hugh de Dunster 2-1/2 hides of land and a virgate, and renders for the said land to the nuns of St. Margaret of Ivinghoe 40s. a year, and maintains the chapel of Butlecote for the aforesaid land. And Hugh held of John de Bello Campo a hide and a virgate of land, rendering to John de Bello Campo 4d. a year, and John himself holds of Sir John son of Alan, and he holds of the lord the King in chief.

Again the same abbot holds of the gift of Roger Foliot a half hide and a virgate, and Roger himself held of Reynold de Fraxino, and Reynold held of John son of Alan, and he of the lord the King in chief.

Again, the same abbot holds of the gift of William de Fraxino and his ancestors a hide of land, and they held of John son of Alan, and he of the lord the King in chief.

And it is to be known that all the aforesaid land used to render foreign service,[62] except the land which the said abbot has of the gift of John de Hastings and Alice daughter of Robert de Hastings, but John son of Alan and his heirs will acquit the said abbot towards the lord the King and all other men, to wit, of the ward of Northampton, of scutage, of a reasonable aid to make the king's son a knight and to marry his daughter, for ever, and of all services pertaining to them.[63]

[Footnote 62: _i.e._, service due to the King, a permanent burden upon the land. _See_ Bracton, _f._ 36. "Item sunt quedam servitia que dicuntur forinseca ... quia pertinent ad dominum regem ... et ideo forinsecum did potest quia fit et capitur foris sive extra servitium quod fit domino capitali."]

[Footnote 63: The process of subinfeudation was brought to an end by the Statute of _Quia Emptores_, 1290. "Our lord the king ... has ... enacted that henceforth it be lawful for any freeman to sell his land or tenement or any part thereof at his pleasure, so always that he who is enfeoffed thereof hold that land or tenement of the same chief lord, and by the same services and customs, whereby the enfeoffor formerly held them."]

10. LICENCE FOR THE WIDOW OF A TENANT IN CHIEF TO MARRY [_Fine Roll, 10 Edward II, m. 19_], 1316.

The King to all to whom etc. greeting. Know ye that by a fine of 100s. which our beloved John de la Haye has made with us for Joan, who was the wife of Simon Darches, deceased, who held of us in chief as of the honour of Wallingford, we have given licence to the same Joan that she may marry whomsoever she will, provided that he be in our allegiance. In witness whereof etc. Witness the King at Westminster, 11 July.

11. MARRIAGE OF A WIDOW WITHOUT LICENCE [_Fine Roll, 12 Edward III, m. 26_], 1338.

The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. Whereas Millicent, who was the wife of Hugh de Plescy, deceased, who held of us in chief, who (_que_) lately in our Chancery took a corporal oath that she would not marry without our licence, has now married Richard de Stonley without having obtained our licence hereon: We, refusing to pass over such a contempt unpunished, and wishing to take measures for our indemnity in this behalf, command you that without delay you take into our hand all the lands and tenements which the aforesaid Richard and Millicent hold in Millicent's dower of the inheritance of the aforesaid Hugh in your bailiwick; so that you answer to us at our Exchequer for the issues forthcoming thence, until we deem fit to order otherwise thereon. Witness the King at the Tower of London, 6 May. By the King.

12. ALIENATION OF LAND BY A TENANT IN CHIEF WITHOUT LICENCE [_Fine Roll, 1 Edward I, m. 7_], 1273.

Order is made to the sheriff of Hereford that without delay he take into the King's hand the manor of Dilwyn, which Edmund, our[64] brother, holds of the King in chief, and which he has now alienated to John Giffard without the King's licence; and that he keep it safely until the King make other order thereon, so that he answer to the King at the King's Exchequer for the issues arising therefrom. Given as above [at St. Martin le Grand, London, 5 October]. By the King's council.

[Footnote 64: i.e., the King's brother. The enrolling clerk confuses the first person of the original writ with the third person of the enrolment formula.]

13. WARDSHIP AND MARRIAGE [_Pipe Roll, 26 Henry II, Rot. 5, m. 2d._], 1179-80.

Otto de Tilli renders account of 400l. to have the wardship of the land of his grandson; and let his daughter be given [in marriage] at the King's will. In the treasury are 100l. And he owes 300l.

Adam son of Norman and William son of Hugh de Leelai render account of 200 marks for marrying the daughter of Adam with the son of William, with the King's good will. In the treasury are 50 marks. And they owe 100l.

14. GRANT OF AN HEIR'S MARRIAGE [_Fine Roll, 13 Edward II, m. 3_], 1320.

The King to all to whom etc., greeting. Know ye that by a fine of 6l. which our beloved clerk, Adam de Lymbergh, has made with us, we have granted to him the marriage of John, son and heir of Joan de Chodewell, deceased, late one of the sisters and heirs of Philip le Brode, deceased, who held of us in chief, which John is under age and in our wardship; to hold without disparagement.[65] In witness whereof etc. Witness the King at Odiham, 26 March. By the council.

And command is given to Richard de Rodeney, the King's escheator on this side Trent, that he deliver to the same Adam the body of the heir aforesaid, to be married in the form aforesaid. Witness as above.

[Footnote 65: _i.e.,_ The heir is not to be married below his rank. _cf. Magna Carta, 6._ "Heirs shall be married without disparagement, so that before a marriage be contracted, the near kindred of the heir shall be informed thereof."]

15. WARDSHIP [_Fine Roll, 11 Edward III, m. 18_], 1337.

The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. We command you, straitly enjoining, that forthwith, on view of these presents, you cause the body of the heir of Roger de Huntyngfeld, deceased, who held of us in chief, wheresoever and in whosesoever hands it be found in your bailiwick, to be seized into our hand and to be sent to us without delay, wheresoever we shall be in England, to be delivered to us or to him whom we shall depute as guardian of the said heir: and that you in no wise neglect this, as you will save yourself harmless against us. Witness the King at the Tower of London, 2 September.

By letter of the secret seal.

16. THE COLLECTION OF A CARUCAGE [_Roger of Hoveden, Rolls Series_, iv. 46], 1198.

In the same year Richard, King of England, took an aid of 5s. from every carucate of land or hide, of the whole of England, for the collection whereof the same King sent throughout every county of England a clerk and a knight, who, together with the sheriff of the county to which they were sent, and with lawful knights elected hereto, after taking oath faithfully to execute the King's business, summoned before them the stewards of the barons of that county and from every town the lord or bailiff of that town and the reeve with four lawful men of the town, whether freemen or unfree (_rusticis_), and two of the more lawful knights of the hundred, who swore that they would faithfully and without deceit say how many ploughlands (_carucarum wannagia_) there were in every town, to wit, how many in demesne, how many in villeinage, how many in alms granted to men of religion, which the grantors or their heirs are bound to warrant or acquit, or wherefrom men of religion ought to do service; and by command of the King they put on each ploughland first 2s. and afterwards 3s.; and all these things were reduced to writing; and the clerk had thereof one roll, and the knight a second roll, the sheriff a third roll, the steward of the barons a fourth roll of his lord's land. This money was received by the hands of two lawful knights of each hundred and by the hand of the bailiff of the hundred; and they answered therefor to the sheriff, and the sheriff answered therefor by the aforesaid rolls at the Exchequer before the bishops, abbots and barons appointed hereto. And for the punishment of any jurors who should conceal aught in this business contrary to their oath, it was decreed that any unfree man convicted of perjury should give to his lord his best plough-ox, and moreover should answer from his own property, to the use of the lord the King, for as much money as he should be declared to have concealed by his perjury; and if a freeman should be convicted, he should be at the King's mercy, and moreover should refund from his own property, to the use of the lord the King, as much as should be concealed by him, like the unfree man. It was also decreed that every baron together with the sheriff should make distraints upon his men; and if through default of the barons distraints were not made, that which should remain to be rendered by their men should be taken from the demesne of the barons, and the barons themselves should have recourse to their men for the same. And the free fees of parish churches were excepted from this tallage. And all escheats of barons, which were in the hand of the lord the King, paid their share. Serjeanties, however, of the lord the King, which were not of knights' fees, were excepted; nevertheless a list was made of them and of the number of carucates of land and the value of the lands and the names of the serjeants, and all those serjeants were summoned to be at London on the octave of the Close of Pentecost, to hear and execute the command of the lord the King. And those who were elected and appointed to execute this business of the King decreed, by the valuation of lawful men, 100 acres of land to each ploughland.

17. AN ACQUITTANCE OF THE COLLECTORS OF SCUTAGE OF A SUM OF 10L. LEVIED BY THEM AND REPAID [_Chancery Miscellanea, 1, 18, 9_], 1319.

To all Christ's faithful to whom the present letters shall come, John de Twynem, receiver of the money of the lord John of Brittany, earl of Richmond, in the barony of Hastings, greeting in the Lord. Know ye that, whereas John Fillol and William de Northo were appointed[66] to collect and levy in the counties of Surrey and Sussex the scutage of the lord the King of the armies of Scotland of the twenty-eighth, thirty-first and thirty-fourth years of the reign of King Edward, father of King Edward that now is, and afterwards by command of the lord the King were appointed[67] to pay to the said lord John of Brittany, earl of Richmond, the scutage of the tenants of the barony aforesaid of the aforesaid thirty-first and thirty-fourth years, I have received of the aforesaid John Fillol and William de Northo by the hands of the said John to the use of the said lord John of Brittany, earl of Richmond, 10l. for the scutage of five knights' fees in Wartling, Cowden and Socknersh, of the aforesaid thirty-fourth year; of which 10l. I will acquit the aforesaid John and William, their heirs and executors, and save them harmless, against the said earl and others whomsoever. In witness whereof I have set my seal to these presents. Given at Lympne, 12 September, at the beginning of the thirteenth year of the reign of the King abovesaid.[68]

[Footnote 66: _Fine Roll, 8 Edward II., m._ 19.]

[Footnote 67: _Scutage Roll, 8-11 Edward II., mm._ 2. l.]

[Footnote 68: Scutage was imposed on all tenants of knights' fees, but might be reclaimed by the lord if he did the service due.]

18. PAYMENT OF FINES IN LIEU OF KNIGHT SERVICE [_Patent Roll, 31 Edward I, m. 12d_], 1303.

The King to the sheriff of York, greeting. Though we lately commanded you that you should cause to be summoned archbishops, bishops, abbots, priors and other ecclesiastical persons, and also widows and other women of your bailiwick, who hold of us in chief by knight service or by serjeanty, or hold of the guardianships of archbishoprics and bishoprics or other guardianships or wardships in our hand, that they should have at our side on the feast of Whitsunday next coming at Berwick-upon-Tweed their whole service due to us, well furnished with horses and arms, and ready to march with us and with others our faithful against the Scots, our enemies; wishing, however, on this occasion graciously to spare the labours of the same prelates, religious persons, women and others, who are unskilled in or even unfit for arms, we command you, straitly enjoining, that forthwith on sight of these presents, in full county-court and none the less in market towns and elsewhere throughout the whole of your bailiwick where you shall deem most expedient, you cause it to be publicly proclaimed that the same prelates, religious persons, women and others insufficient or unfit for arms, who owe us their service and are willing to make fine with us for the same service, come before our treasurer and barons of the Exchequer on the morrow of the Ascension of the Lord next coming, or sooner, if they can, at York, or then send some one thither on their behalf, to make fine with us for their service aforesaid, and to pay the same fine to us on the same morrow, to wit, 20l. for a knight's fee and otherwise in proportion to their knight service or serjeanty due to us in this behalf; or else that they be at our side on the aforesaid feast of Whitsunday with horses and arms, and the whole of their service, as they are bound; and that you have this writ at our said Exchequer on the morrow abovesaid. Witness the King at Laneham, 16 April.

19. THE ASSESSMENT OF A TALLAGE [_Patent Roll, 8 Edward II_, p. 1, _m._ 14, _schedule_], 1314.

The King to his beloved and faithful, Hervey de Stanton, Henry le Scrop, John de Merkingfeld and Ralph de Stokes, greeting. Whereas in the sixth year of our reign we caused our cities, boroughs and demesnes throughout England to be tallaged, and certain our lieges to be appointed in the counties of our realm to assess our tallage in our cities, boroughs and demesnes, separately by heads or in common, as they should deem the more expedient for our advantage, and that tallage for certain causes yet remains to be assessed in our city of London: We appoint you to assess that tallage in the city aforesaid and the suburb of the same separately by heads or in common, as you shall deem the more expedient for our advantage. And therefore we command you that without delay you go to the city aforesaid and the suburb of the same to assess the said tallage according to the means of the tenants of the same city and suburb, to wit, from their moveables a fifteenth and from their rents a tenth, so that that tallage be assessed as soon as possible, and the rich be not spared nor the poor burdened overmuch in this behalf; and that after that tallage be assessed in the form aforesaid, you deliver estreats thereof under your seals without delay to our sheriffs of London separately for that tallage to be levied without delay and paid to us at our Exchequer; and that you apply such diligence upon the expedition of the premises that we may deservedly commend you thereupon, in no wise omitting to appear at the Exchequer aforesaid as soon as you conveniently can to certify our treasurer and barons of the Exchequer aforesaid of that which you shall have done in the premises; for we have commanded our sheriffs of the city aforesaid that when they be forewarned by you, three or two of you, they cause to come before you, three or two of you, all those of the city and suburb aforesaid whom they shall deem necessary for the said tallage, and that they be aiding and attending to you hereon, as you shall enjoin upon them on our behalf. In witness whereof, etc. Witness the King at Spalding, 24 October, in the eighth year.

20. A WRIT _Precipe_ [_Chancery Files_], _c._ 1200.

G. Fitz Peter,[69] earl of Essex, to the sheriff of York, greeting. Command (_precipe_) Ralph de Nevill justly and without delay to render to Robert, son of Richard de Haverford, Fivelay and Moseton and Sloxton with the appurtenances which the same Robert claims to be his right and inheritance, and whereof he complains that Ralph unjustly deforces him; and if he refuse and Robert give us security to prosecute his claim, summon the same Ralph by good summoners to be before us at Westminster on the quinzaine of Michaelmas to show wherefore he does it not; and have there the summoners and this writ. Witness H. Bard at Shoreham, 21 June.[70]

21. ARTICLES OF ENQUIRY TOUCHING RIGHTS AND LIBERTIES AND THE STATE OF THE REALM, 2 EDWARD I.[71] [_Patent Roll, 2 Edward I., m. 6_], 1274.

How many and what demesne manors the King has in his hand in every county, as well, to wit, of ancient demesnes of the crown, as of escheats and purchases.

Also what manors used to be in the hands of Kings, the King's predecessors, and who hold them now and by what warrant and from what time, and by whom and in what manner they were alienated.

Also touching fees of the lord the King, and his tenants who now hold them of him in chief, and how many fees each of them holds, and what fees used to be holden of the King in chief and are now holden by a mesne lord, and by what mesne, and from what time they have been alienated, and how and by whom.

Also touching the lands of tenants of the ancient demesne of the crown, as well free sokemen as bond, whether [holden] by bailiffs or by the same tenants, and by what bailiffs and by what tenants, and by whom they have been alienated, how and at what time.

In like manner let enquiry be made touching the farms of hundreds, wapentakes and ridings, cities, boroughs and other rents whatsoever, and from what time [they have been alienated].

Also how many hundreds, wapentakes and ridings are now in the hand of the lord the King, and how many and what are in the hands of others, and from what time and by what warrant, and how much each hundred is worth yearly.

Touching ancient suits, customs, services and other things withdrawn from the lord the King and his ancestors, who have withdrawn them and from what time, and who have appropriated to themselves such suits, customs and other things pertaining to the lord the King and accustomed, and from what time and by what warrant.

Also what other persons claim from the King to have the return and estreats of writs, and who hold pleas of replevin,[72] and who claim to have wreck of sea,[73] by what warrant, and other royal liberties, as gallows, assizes of bread and ale, and other things that pertain to the crown, and from what time.

Also touching those who have liberties granted to them by Kings of England and have used them otherwise than they ought to have done, how, from what time, and in what manner.

Again, touching liberties granted which hinder common justice and subvert royal power, and by whom they were granted, and from what time.

Further, who have newly appropriated to themselves free chaces or warrens without warrant, and likewise who have had such chaces and warrens from of old by grant of the King, and have exceeded the bounds and metes thereof, and from what time.

Also what lords or their stewards or bailiffs whosoever or also the ministers of the lord the King have not suffered execution of the commands of the lord the King to be made, or also have contemned to do them or in any wise hindered them from being done, from the time of the constitutions made at Marlborough in the 52nd year of the reign of the lord King Henry, father of the King that now is.

Again, touching all purprestures[74] whatsoever made upon the King or the royal dignity, by whom they have been made, how, and from what time.

Touching knights' fees of every fee soever, and land or tenements given or sold to religious or others to the prejudice of the King, and by whom, and from what time.

Touching sheriffs taking gifts for consenting to conceal felonies done in their bailiwicks, or who have been negligent in attaching such felons by any favour, as well within liberties as without; and in like manner touching clerks and other bailiffs of sheriffs, touching coroners and their clerks and bailiffs whomsoever, who have so done in the time of the lord King Henry after the battle of Evesham, and in the time of the lord the King that now is.

Touching sheriffs and bailiffs whomsoever taking gifts for removing recognitors from assizes and juries, and from what time.

Again, touching sheriffs and bailiffs whomsoever who have amerced for default those who were summoned to inquisitions made by command of the lord the King, when by the same summons sufficient persons came to make such inquisitions, and how much and from whom they have taken for the cause aforesaid, and at what time.

Again, touching sheriffs who have delivered to bailiffs, extortionate and burdensome to the people beyond measure, hundreds, wapentakes or ridings at high farms, that so they might raise their farms; and who were those bailiffs and on whom such damages were inflicted, and at what time.

Again, when sheriffs ought not to make their tourn save twice a year, who have made their tourn more often in a year, and from what time.

Again, when fines for redisseisin or for purprestures made by land or water, for hiding of treasure and for other such things, pertain to the lord the King, and sheriffs ought to attach the same, who have taken such fines, and from whom and how much.

Again, who by the power of their office have troubled any maliciously and hereby extorted lands, rent or other payments, and from what time.

Who have received command of the lord the King to pay his debts and have received from the creditors any portion for paying them the residue, and nevertheless have caused the whole to be allowed them in the Exchequer or elsewhere, and from what time.

Who have received the King's debts or part of his debts and have not acquitted the debtors, as well in the time of the lord King Henry as in the time of the lord the King that now is.

Who have summoned any to be made knights and have received bribes from them to have respite, and how much and at what time. And if any great men or others without the King's command have distrained any to take up arms, and at what time.

Again, if any sheriffs or bailiffs of any liberty soever have not made summons in due manner according to the form of the writ of the lord the King, or have otherwise fraudulently or insufficiently executed the royal commands through prayer, price or favour, and at what time.

Again, touching those who have had approvers[75] imprisoned and have caused them to appeal[76] loyal and innocent persons for the sake of gain, and sometimes have hindered them from appealing guilty persons, and from what time.

Again, who have had felons imprisoned and permitted them for money to depart and escape from prison free and unpunished, and who have extorted money for dismissing prisoners by plevin,[77] when they have been replevied, and from what time.

Again, who have received any gifts or bribes for exercising or not exercising or executing their offices, or have executed the same or exceeded the limits of the King's command otherwise than pertained to their office, and at what time.

And let all these things be enquired of, as well in the case of sheriffs, coroners, their clerks and bailiffs whomsoever, as in the case of lords and bailiffs of liberties whatsoever.

Again, what sheriffs or keepers of castles or manors of the lord the King, for any [works], or also what surveyors of such works wheresoever made by the King's command, have accounted for a greater sum in the same than they have reasonably spent and hereupon have procured false allowances to be made to them. And likewise who have retained or moved away to their own use stone, timber or other things bought or purveyed for such works, and what and how much damage the lord the King has had thence, and at what time.

Touching escheators and subescheators, during the lord the King's seisin, doing waste or destruction in woods, parks, fishponds, warrens within the wardships committed to them by the lord the King, how much, and in the case of whom, and in what manner and at what time.

Again, touching the same, if by reason of such seisin they have unjustly taken goods of deceased persons or of heirs into the hand of the lord the King, until they were redeemed by the same, and what, and how much they have so taken for such redemption and what they have retained thereof to their own use, and at what time.

Again, touching the same, who have taken gifts from any for executing or not executing their office, how much and from whom and at what time.

Again, touching the same, who have insufficiently extended[78] the lands of any man for favour to him or another to whom the wardship of those lands should be given, sold or granted, to the deception of the lord the King, and where and in what manner, and if they have taken anything therefor, and how much, and at what time.[79]

[Footnote 69: Geoffrey Fitz Peter, justiciar of England, 1198-1213.]

[Footnote 70: It was to writs of this nature that the barons objected. _Cf. Magna Carta_, 34. "The writ called _Precipe_ shall not hereafter be issued to any one touching any tenement, whereby a freeman may lose his court." It illustrates the method by which the King stole from the barons the administration of justice.]

[Footnote 71: Printed in Foedera, I., ii., 517.]

[Footnote 72: The recovery of goods equivalent in value to goods wrongfully seized by way of distraint.]

[Footnote 73: For a curious instance of this liberty, _see_ No. 22.]

[Footnote 74: Encroachments.]

[Footnote 75: A criminal who turns King's evidence.]

[Footnote 76: To bring an action for treason or felony.]

[Footnote 77: Surety or pledge.]

[Footnote 78: Surveyed.]

[Footnote 79: The results of this enquiry were embodied in the Hundred Rolls and served as a basis for the _Placita de quo warranto_; these records are as important for the thirteenth century as is Domesday Book for the eleventh.]

22. WRECK OF SEA [_Fine Roll, 10 Edward III, m._ 1], 1337.

The King to the sheriff of Kent, greeting. Because we have been given to understand that a great mass of a whale lately cast ashore by the coast of the river Thames between Greenwich and Northfleet in your county, which should pertain to us as our wreck, and whereof a great part has been carried away by certain evildoers in contempt of us, remains still in your keeping, to be delivered to us or others at our command, as is fitting: We order you, straitly enjoining on you, that you cause all of the whale aforesaid, which is thus in your keeping, to be entirely delivered without any delay to our beloved and trusty Nicholas de la Beche, constable of our Tower of London, to be kept to our use, as has been more fully enjoined on him by us; and that you in no wise neglect so to do; for we have commanded the same Nicholas to receive from you that mass, to be kept in the form aforesaid. Witness the King at Westminster 14 January. By the King himself.

SECTION III

THE JEWS

1. Charter of liberties to the Jews, 1201--2. Ordinances of 1253--3. Expulsion of a Jew, 1253--4. Punishment for non-residence in a Jewry, 1270--5. Grant of a Jew, 1271--6. Ordinances of 1271--7. Removal of Jewish communities from certain towns to others, 1275--8. Disposition of debts due to Jews after their expulsion, 1290.

The documents in the following section illustrate the anomalous position of the Jews in England, the nature of the royal protection, which accorded them a security due to them as the king's personal property (No. 1), the restrictions put upon their religious and social life (No. 2) and upon their possession of land (No. 6), the summary treatment dealt out to them if they failed to fulfil their function (No. 3), or dwelt outside the narrow range of a Jewry-town (No. 4), the arbitrary manner in which they were transferred from person to person, or uprooted from one town and transplanted (Nos. 5 and 7), and the manner of their expulsion (No. 8).

Their function in the state was twofold, to supply the crown at any moment with ready money, and to act as a channel for the conveyance to the king of the property of his subjects. The degree of their usefulness must be gauged by the provisions of their charter (No. 1). It is reasonable to suppose that their expulsion was only determined on when the crown had drained their resources, or when, as was the case, there were other supplies available from a class of financiers less obnoxious to the racial and religious prejudices of the age. The place of the Jews was immediately occupied by the merchants of Lucca, and later by the Friscobaldi, the Bardi and Peruzzi and other wealthy societies of Italian merchant-bankers.

AUTHORITIES

The principal modern writers dealing with the subject in this section are:--Jacobs, _The Jews in Angevin England_; Jacobs, _London Jewry_ (Anglo-Jewish Exhibition Papers); Gross, _Exchequer of the Jews_ (Anglo-Jewish Exhibition Papers); Rigg, _Select Pleas of the Exchequer of the Jews_ (Selden Society); Rye, _Persecution of the Jews in England_ (Anglo-Jewish Exhibition Papers); Abrahams, _The Expulsion of the Jews from England_.

1. CHARTER OF LIBERTIES TO THE JEWS[80] [_Charter Roll, 2 John, m._ 5.], 1201.

John by the grace of God, etc. Know ye that we have granted to all Jews of England and Normandy that they may freely and honourably reside in our land, and hold of us all things that they held of King Henry, our father's grandfather, and all things that they now hold reasonably in their lands and fees and pawns and purchases, and that they may have all their liberties and customs as well and peaceably and honourably as they had them in the time of the aforesaid King Henry, our father's grandfather.

And if a plaint shall have arisen between Christian and Jew, he who shall have appealed the other shall have witnesses for the deraignment of his plaint, to wit, a lawful Christian and a lawful Jew. And if the Jew shall have a writ touching his plaint, his writ shall be his witness; and if a Christian shall have a plaint against a Jew, it shall be judged by the Jew's peers.

And when a Jew be dead, his body shall not be detained above ground, but his heir shall have his money and his debts; so that he be not disturbed thereon, if he have an heir who will answer for him and do right touching his debts and his forfeit.

And it shall be lawful for Jews without hindrance to receive and buy all things which shall be brought to them, except those which are of the Church and except cloth stained with blood. And if a Jew be appealed by any man without witness, he shall be quit of that appeal by his bare oath upon his Book. And in like manner he shall be quit of an appeal touching those things which pertain to our crown, by his bare oath upon his Roll.

And if there shall be dispute between Christian and Jew touching the loan of any money, the Jew shall prove his principal and the Christian the interest.

And it shall be lawful for the Jew peaceably to sell his pawn after it shall be certain that he has held it for a whole year and a day.

And Jews shall not enter into a plea save before us or before those who guard our castles, in whose bailiwicks Jews dwell.

And wherever there be Jews, it shall be lawful for them to go whithersoever they will with all their chattels, as our own goods, and it shall be unlawful for any to retain them or to forbid them this freedom.

And we order that they be quit throughout all England and Normandy of all customs and tolls and prisage of wine, as our own chattel. And we command and order you that you guard and defend and maintain them.

And we forbid any man to implead them touching these things aforesaid against this charter, on pain of forfeiture to us, as the charter of King Henry, our father, reasonably testifies. Witnesses; Geoffrey Fitz Peter, Earl of Essex; William Marshal, Earl of Pembroke; Henry de Bohun, Earl of Hereford; Robert de Turnham; William Briwere; etc. Dated by the hand of Simon, Archdeacon of Wells, at Marlborough, on the 10th day of April in the second year of our reign.

[Footnote 80: Printed in Selden Society Publications, Vol. 15, p. 1.]

2. ORDINANCES OF 1253[81] [_Close Roll, 37 Henry III, m._ 18].

The King has provided and decreed, etc., that no Jew dwell in England unless he do the King service, and that as soon as a Jew shall be born, whether male or female, in some way he shall serve the King. And that there be no communities of the Jews in England save in those places wherein such communities were in the time of the lord King John, the King's father. And that in their synagogues the Jews, one and all, worship in subdued tones according to their rite, so that Christians hear it not. And that all Jews answer to the rector of the parish in which they dwell for all parochial dues belonging to their houses. And that no Christian nurse hereafter suckle or nourish the male child of any Jew, and that no Christian man or woman serve any Jew or Jewess, nor eat with them, nor dwell in their house. And that no Jew or Jewess eat or buy meat in Lent. And that no Jew disparage the Christian faith, nor publicly dispute touching the same. And that no Jew have secret intercourse with any Christian woman, nor any Christian man with a Jewess. And that every Jew wear on his breast a conspicuous badge. And that no Jew enter any church or any chapel save in passing through, nor stay therein to the dishonour of Christ. And that no Jew in any wise hinder another Jew willing to be converted to the Christian faith. And that no Jew be received in any town without the special licence of the King, save in those towns wherein Jews have been wont to dwell.[82]

And the justices appointed to the guardianship of the Jews are commanded to cause these provisions to be carried into effect and straitly kept on pain of forfeiture of the goods of the Jews aforesaid. Witness the King at Westminster on the 31st day of January.

By the King and Council.

[Footnote 81: Printed in Selden Society Publications, Vol. 15, p. xlviii.]

[Footnote 82: See below, No. 6.]

3. EXPULSION OF A JEW[83] [_Jews' Plea Rolls, 6, m. 8_], 1253.

The King, etc., to the sheriff of Kent, etc. Know that we caused to be assessed before us upon Salle, a Jew, a tallage to be rendered on Wednesday next before Whitsunday in the thirty-seventh year, and because the same Jew rendered not his tallage on the said day, and on the same day received a command on our behalf before the justices [appointed to the guardianship of the Jews] that within three days after the aforesaid Wednesday he should make his way to the port of Dover to go forth there with his wife and never to return, saving to the King his lands [rents and tenements and chattels]: We command you that by oath of twelve [good and lawful men] you make diligent enquiry what lands [rents and tenements and chattels] he had on the said day, and who [holds or hold the same] and how much they are worth, saving the service, etc., and how much they are worth for sale; and that you enquire also by oath, etc., what chattels he had in all chirographs outside the chest, and what they are worth, and to whose hands they have come, and that you cause proclamation to be made that none of Salle's debtors hereafter render a penny to him,--let the proclamation be made in every hundred, city, etc.,--and that you take into our hand all the lands, rents and tenements and chattels aforesaid, and keep them safely until [we make other order thereon]; and let the inquisition come on the morrow of Holy Trinity.

[Footnote 83: Printed in Selden Society Publications, Vol. 15, p. 29.]

4. PUNISHMENT FOR NON-RESIDENCE IN A JEWRY[84] [_Jews' Plea Rolls, 6, m._ 7d.], 1270.

Devon. Because Jacob of Norwich, a Jew, dwells at Honiton without the King's licence, where there is no community of Jews, the sheriff is ordered to take into the King's hand all goods and chattels of Jacob, and to keep them safely until [the King make other order thereon], and to have his body before [the justices appointed to the guardianship of the Jews] on the octave of Holy Trinity, to answer, etc.; and to certify [the Treasurer and Barons of the Exchequer] what goods [and chattels] of the said Jacob he has taken, On the same day, etc.

[Footnote 84: Printed in Selden Society Publications, Vol. 15, p. 61.]

5. GRANT OF A JEW[85] [_Jews' Plea Rolls, 6, m. 10_], 1271.

Henry, etc., to all, etc., greeting. Whereas we have given and granted to Edmund, our dearest son, Aaron, son of Vives, a Jew of London, with all his goods and chattels and other things which may pertain to us touching the aforesaid Jew; We, at the instance of our aforesaid son, willing to show more abundant grace to the aforesaid Aaron, grant that in all pleas moved or to be moved for or against him, there be associated with the justices appointed to the guardianship of the Jews, on behalf of and by the choice of our son, an assessor to hear and determine those pleas according to the Law and Custom of Jewry. We have granted also to the same Jew that by licence of our aforesaid son he may give and sell his debts to whomsoever he will, and that any man soever may buy them, notwithstanding the Provision made of late that no Jew may sell his debts to any Christians, and that no Christian may buy the same, without our will and licence. In witness whereof, etc. Witness myself at Westminster on the---- day of January in the 55th year of our reign.

[Footnote 85: Printed in Selden Society Publications, Vol. 15, p. 62.]

6. ORDINANCES OF 1271[86] [_Patent Roll, 55 Henry III, m._ 10d.].

The King to his beloved and trusty men, his Mayor and Sheriffs of London, and to all his bailiffs and trusty men to whom [these present letters shall come], greeting. Know ye that to the honour of God and the Church Universal, and for the amendment and profit of our land and the relief of Christians from the damages and burdens which they have borne on account of the freeholds which the Jews of our realm claim to have in lands, tenements, fees, rents and other holdings; and that prejudice may not grow hereafter to us or the commonalty of our realm or to the realm itself: We have provided by the counsel of the prelates, magnates and chiefs who are of our council, and also have ordained and decreed for us and our heirs that no Jew have a freehold in manors, lands, tenements, fees, rents and holdings whatsoever by charter, gift, feoffment, confirmation or any other obligation, or in any other wise; so however that they may dwell hereafter in their houses in which they themselves dwell in cities, boroughs or other towns, and may have them as they have been wont to have them in times past; and also that they may lawfully let to Jews only and not to Christians other their houses, which they have to let; so, however, that it be not lawful for our Jews of London to buy or in any other wise purchase[87] more houses than they now have in our city of London, whereby the parish churches of the same city or the rectors of the same may incur loss. Nevertheless the same Jews of London shall be able to repair their ancient houses and buildings formerly demolished and destroyed, and restore them at their will to their former condition. We have also provided and decreed by the same our council that touching their houses aforesaid to be dwelt in or let, as is aforesaid, no Jew plead or be able to plead by our original writs of Chancery but only before our justices appointed to the guardianship of the Jews by the writs of Jewry hitherto used and accustomed. Touching lands and holdings, however, whereof Jews were enfeoffed before the present Statute, which also they now hold, we will that such infeudations and gifts be totally annulled, and that the lands and tenements remain to the Christians who demised the same to them; so, however, that the Christians satisfy the Jews of the money or chattel specified in their charters and chirographs,[88] which the Jews gave to the Christians for such gift or infeudation, without interest; with this condition added, that if those Christians cannot satisfy them thereof forthwith, it be lawful for the Jews aforesaid to demise those tenements to other Christians, until their chattels can be levied therefrom without interest by reasonable extent, according to the true value of the same, saving, however, to the Christians their lodging, so that the Jew receive therefrom his money or chattel by the hands of Christians and not of Jews, as is aforesaid. And if it happen that any Jew hereafter receive feoffment from any Christian of any fee or tenement against the present Statute, the Jew shall altogether lose the said tenement or fee, and the same shall be taken into our hand and kept safely, and those Christians or their heirs shall have again that land or tenement from our hand; so, however, that they then pay to us the whole sum of money which they received from the Jews for such feoffment; or if their means are not sufficient therefor, then they shall render to us and our heirs at our Exchequer yearly the true value of those tenements or fees, by true and reasonable extent of the same, until we be fully satisfied of such money or chattel.

Moreover touching nurses of young children, bakers, brewers, and cooks employed by Jews, because Jews and Christians are diverse in faith, we have provided and decreed that no Christian man or woman presume to minister to them in the aforesaid services.

And because Jews have long been wont to receive by the hands of Christians certain rents of lands and tenements of Christians as in perpetuity, which rents were also called fees, we will and have decreed that the Statute made of late by us thereon remain in full force, and be not impaired in any wise by the present Statute.

And therefore we command, straitly enjoining on you, that you cause the Provision, Ordinance and Statute aforesaid to be publicly proclaimed throughout your whole bailiwick, and to be straitly kept and observed. In witness whereof, etc. Witness the King at Westminster, July 25.

In the same manner order is made to the several sheriffs throughout England.

[Footnote 86: Printed in Selden Society Publications, Vol. 15, p. 1.]

[Footnote 87: _i.e._, Acquire.]

[Footnote 88: Indented bonds.]

7. REMOVAL OF JEWISH COMMUNITIES FROM CERTAIN TOWNS TO OTHERS[89] [_Jews' Plea Rolls, 18, m. 6_], 1275.

By writ of the lord the King directed to the justices in these words:--Whereas by our letters patent we have granted to our dearest mother, Eleanor, Queen of England, that no Jew shall dwell or stay in any towns which she holds in dower by assignment of the lord King Henry, our father, and of ourself, within our realm, so long as the same towns be in her hand; and for this cause we have provided that the Jews of Marlborough be transferred to our town of Devizes, the Jews of Gloucester to our town of Bristol, the Jews of Worcester to our town of Hereford, and the Jews of Cambridge to our city of Norwich, with their Chirograph Chests, and with all their goods, and that henceforth they dwell and stay in the aforesaid towns and city among the rest of our Jews there: We command you that you cause the aforesaid Jews of Marlborough, Gloucester, Worcester and Cambridge to be removed from those towns, without doing any damage to them in respect of their persons or their goods, and to transfer themselves to the places aforesaid with their Chirograph Chests, as safely to our use as you shall think it may be done. Witness myself at Clarendon on the 16th day of January in the third year of our reign.

The sheriffs of the counties aforesaid, and the constables, are ordered to cause the aforesaid Jews to be transferred to the places aforesaid.

[Footnote 89: Printed in Selden Society Publications, Vol. 15, p. 85.]

8. DISPOSITION OF DEBTS DUE TO JEWS AFTER THEIR EXPULSION[90] [_Close Roll, 18 Edward I, m. 1_], 1290.

Edward etc. to the Treasurer and Barons of the Exchequer, greeting. Whereas formerly in our Parliament at Westminster on the quinzaine of St. Michael in the third year of our reign, to the honour of God and the profit of the people of our realm, we ordained and decreed that no Jew thenceforth should lend anything at usury to any Christian on lands, rents or other things, but that they should live by their commerce and labour; and the same Jews, afterwards maliciously deliberating among themselves, contriving a worse sort of usury which they called courtesy (_curialitatem_), have depressed our people aforesaid on all sides under colour thereof, the last offence doubling the first; whereby, for their crimes and to the honour of the Crucified, we have caused those Jews to go forth from our realm as traitors: We, wishing to swerve not from our former choice, but rather to follow it, do make totally null and void all manner of penalties and usuries and every sort thereof, which could be demanded by actions by reason of the Jewry from any Christians of our realm for any times whatsoever; wishing that nothing be in any wise demanded from the Christians aforesaid by reason of the debts aforesaid, save only the principal sums which they received from the Jews aforesaid; the amount of which debts we will that the Christians aforesaid verify before you by the oath of three good and lawful men by whom the truth of the matter may the better be known, and thereafter pay the same to us at terms convenient to them to be fixed by you. And therefore we command you that you cause our said grace so piously granted to be read in the aforesaid Exchequer, and to be enrolled on the rolls of the same Exchequer, and to be straitly kept, according to the form above noted. Witness myself at King's Clipstone on the 5th day of November in the eighteenth year of our reign.

[Footnote 90: Printed in Selden Society Publications, Vol. 15, p. xl.]

SECTION IV

THE MANOR

1. Extent of the manor of Havering, 1306-7--2. Extracts from the Court Rolls of the manor of Bradford, 1349-58--3. Deed illustrating the distribution of strips, 1397--4. Regulation of the common fields of Wimeswould, _c._ 1425--5. Lease of a manor to the tenants, 1279--6. Grant of a manor to the customary tenants at fee farm, _ante_ 1272--7. Lease of manorial holdings, 1339--8. An agreement between lord and tenants, 1386--9. Complaints against a reeve, 1278--10. An eviction from copyhold land, _temp._ Hen. IV.-Hen. VI.--11. Statute of Merton, 1235-6--12. An enclosure allowed, 1236-7--13. An enclosure disallowed, 1236-7--14. A villein on ancient demesne dismissed to his lord's court, 1224--15. Claim to be on ancient demesne defeated, 1237-8--16. The little writ of right, 1390--17. Villeinage established, 1225--18. Freedom and freehold established, 1236-7--19. A villein pleads villeinage on one occasion and denies it on another, 1220--20. An assize allowed to a villein, 1225--21. A freeman holding in villeinage, 1228--22. Land held by charter recovered from the lord, 1227--23. The manumission of a villein, 1334--24. Grant of a bondman, 1358--25. Imprisonment of a gentleman claimed as a bondman, 1447--26. Claim to a villein, _temp._ Hen. IV.-Hen. VI.--27. The effect of the Black Death, 1350--28. Accounts of the iron-works of South Frith before and after the Black Death, 1345-50.--29. The Peasants' Revolt, 1381.

The attempt to find an inclusive definition of the manor, true alike for every century and for all parts of the country, involves a risk of divorcing the institution from its historical associations, and of depriving it of its social and economic significance. The typical manor exists only in theory, actual manors being continuously modified by the inevitable changes due to the growth of population and commercial expansion. Such modifications of economic structure proceeded with great rapidity between the Conquest and the beginning of the fourteenth century. A comparison of the neat simplicity of the royal manor of Havering in Domesday Book (Section I., No. 10) with its highly complex organisation in the time of Edward I. (below, No. 1), reveals an extraordinary development; the 10 hides, 40 villeins and 40 ploughs of the one are represented by the 40 virgates of the other, but the elaborate hierarchy of tenants in the later survey throws into strange relief the primitive customary nucleus and gives it the appearance already of an archaic survival. It is reasonable to assume that the generation which immediately followed the Conquest witnessed a crystallisation of custom, which preserved untouched for centuries the lord's demesne and the common fields; while on the other hand the colonisation of the waste by progressive enclosures slowly altered the social balance, emphasising the disabilities of the villein class and widening the gulf between lord and customary tenant. The economic position of the customary tenants was becoming worse by the operation of natural laws, for not only was the subdivision of the virgates reaching its limits, but common rights were being continuously diminished by enclosure. Large numbers of the Havering virgaters in 1307 were occupying quite small holdings, while the purprestures, or encroachments on the waste, were becoming formidable. These considerations suggest that early manorial history can best be studied by investigations into the extent of enclosure in the twelfth and thirteenth centuries, and that concentration on the unprogressive nucleus of the manor, on villeinage and customary tenure, may well blind the student to the greater economic significance of the developments outside the common fields. It thus appears probable that the visitation of the Black Death will fall into place as an incident rather than an epoch.

The documents given below attempt to illustrate manorial history in both its praedial and its personal aspects. The essential features of the manor, in its legal aspect, namely, the customary court, customary tenure, and customary services, are shown in the Extent (No. 1) and the extracts from a Court Roll (No. 2), while the common-field system and the distribution of strips appear in Nos. 3 and 4. The commutation of service for rent (Nos. 1, 8, 9) and the transition from customary to leasehold tenure (Nos. 7, 10) show natural forces at work undermining the traditional economy; while the leasing of customary holdings (No. 7) or of a whole manor to all the tenants in common (No. 5) or to a farmer (No. 10), the grant of manors to the tenants at fee farm in perpetuity (No. 6), and the enclosure of waste (Nos. 1, 11, 12, 13), illustrate the wide range of variety possible in the actual management of the agricultural unit. There appears to be little doubt that the villeins suffered a considerable depression as the result of the Norman Conquest; their refusal, however, to acquiesce permanently in the changed conditions is clear from their continued efforts to rise out of their disabilities and to improve their social and economic status, a movement which begins by the attempts of individuals to climb in the scale by flight (No. 2), by claims to be on the king's ancient demesne (Nos. 14, 15), and by the bringing of actions before the justices of assize, a procedure open only to freemen (Nos. 17-22), and gathers force in the fourteenth century until it culminates in the "great fellowship" which organised a self-conscious class revolt throughout the country (No. 29). No. 16 is an instance of the little writ of right, one of the privileges of the favoured tenants on ancient demesne. Manumission was always a possible method of achieving freedom (No. 23), and it may be that the grant of a bondman (No. 24) was a stage in the process of emancipation. Manumission became common at a time when the demand for English wool was encouraging pasture at the sacrifice of tillage, but even in the fifteenth century men might suffer atrocious ignominy through the imputation of villeinage (Nos. 25, 26). The dislocation caused by the Black Death is dramatically illustrated in the Court-Roll (No. 2), the letter from the abbot of Selby (No. 27), and the accounts of the South Frith iron-works in the year before and the year after the first visitation (No. 28); it is to be noted, in the latter document, that for the years 1347-8 and 1348-9 there are no accounts extant at all.

AUTHORITIES

The principal modern writers dealing with the subject in this section are:--Pollock and Maitland, _History of English Law_; Vinogradoff, _Villeinage in England_; Ashley, _The Character of Villein Tenure_ (English Historical Review, VIII.); Rogers, _History of Agriculture and Prices_; Rogers, _Six Centuries of Work and Wages_; Maitland, _History of a Cambridgeshire Manor_; Bateson, _Mediæval England_; Vinogradoff, _Oxford Studies in Social and Legal History, II._; Hone, _The Manor and Manorial Records_; Elton, _Custom and Tenant Right_; Gasquet, _The Great Pestilence_; Little, _The Black Death in Lancashire_ (English Historical Review, V.); Oman, _The Great Revolt_; Powell, _The Rising in East Anglia in 1381_.

_Documentary authorities_:--Durham Halmote Rolls (Surtees Society); Custumals of Battle Abbey (Camden Society); Boldon Book Survey of Possessions of the See of Durham (Surtees Society); Select Pleas in Manorial Courts (Maitland, Selden Society); The Court Baron (Maitland & Baildon, Selden Society); Cartulary of Ramsey Abbey (Rolls Series); Inquisition of Manors of Glastonbury Abbey (Roxburgh Club); Manchester Court Leet Records (Harland, Chetham Society). A large number of manorial records are edited among the publications of the Society of Antiquaries and County Record and Archæological Societies.

_Literary authorities_:--Robert Grossteste, _Epistoloe_ (Rolls Series); Walter of Henley, _Husbandry_ (Lamond); _Piers Plowman_; Chaucer, _Canterbury Tales_.

1. EXTENT OF THE MANOR OF HAVERING [_Rentals and Surveys, Roll_ 189], 1306-7.

The Manor of Havering extended by the order of the King before ... and Richard le Rus in the thirty-fifth year of the reign by Richard of the Elms (_de Ulmis_)[91]....

Who say on their oath that the King has there in demesne 223-1/2 acres of arable land, whereof the acre is worth 6d. a year.

Sum, 111s. 9d.

Further, 38 acres of arable land, which Adam de Rumford holds, which are of the demesne and were arrented by William Brito and his fellows, as is found below.

Further, 5 acres of arable land, which Walter le Blake holds, and they are of the demesne and were arrented by the same as below, etc.

Further, 15 acres of meadow, whereof each is worth 16d. a year.

Sum, 20s.

Further, 4 acres of meadow, which Baldwin le Blund holds, which are of the demesne and were arrented by the same as below, etc.

Further, 23 acres of several pasture, whereof each is worth 14-1/4d. a year.

Sum, 27s. 3-3/4d.

Further, they say that the King can have in the common pasture, to wit, in the woods, heaths and marshes, his oxen and cows, sheep, horses and swine and other his beasts at his will, and so that all the tenants of the same manor may have their beasts and all their cattle in the aforesaid common when they will. And if the King have no beasts in the common, he shall take nothing therefor.

Further, they say that the King has a plot of land in his park enclosed with hedge and dyke, which is called the King's garden; but it is not tilled; therefore there is no profit.

Further, they say that the King has there his park enclosed round with a paling, and as well the men of the same manor as others of the neighbourhood outside the manor ought to renew and repair that paling as often as need be,[92] according as is found below; and in that park no cattle nor any beasts ought to enter except by licence of the King's bailiff. And if any cattle or any beasts enter the same park without licence of the bailiff, they are forfeit and must be ransomed at the will of the bailiff, if they are foreign, and if they are of the manor, then they are to be ransomed for 1d. for each foot, if it please the bailiff to take so much.

Further, they say that the King has in the same manor three foreign woods pertaining to the aforesaid manor, which the King's bailiffs of the same manor have always had in keeping, together with the aforesaid manor, and they have had attachments and all other esplees[93] of the same woods, to complete the farm of the same manor, to wit, Westwode, Haraldeswode and Crocleph. And in those three woods all the tenants of the same manor ought to have common of herbage for all their beasts and all their cattle throughout the whole year, except between the feast of Michaelmas and the feast of Martinmas,[94] and then also there may enter into the same woods the horses of the aforesaid tenants, as also throughout the whole year, and the swine of the same tenants for pannage,[95] and no other beasts. And if sheep or oxen be found in the aforesaid woods, or geese, except when driven to the water or the market or elsewhere, so that they make no stay in the same, whosesoever they be, they ought to be imparked and kept until they shall have satisfied the King's bailiff for that trespass. And if within the aforesaid time any foreign beast, which does not belong to any tenant of the manor, be found in the aforesaid woods, the King's bailiff can ransom it, to wit, for 40d. for each ox or cow, or 1d. for each foot of each beast, or otherwise, as he shall please, within 40d. And if any foreign cart shall pass through the aforesaid woods within the aforesaid time, it shall give to the King's bailiff 1d. of custom. And if any foreigner shall drive his beasts through the aforesaid woods within the aforesaid time, he shall give to the King's bailiff 1d. of custom. And these customs are called "leph" within the aforesaid time.

Further, they say that the King's bailiff ought to have all the wood thrown down by the wind and all windfall wood in the aforesaid three woods within the aforesaid time, to complete the farm of the manor.

And the pannage of the whole manor and the aforesaid customs called "leph" and the wood and windfall wood within the aforesaid time are extended in the profit of the manor at 100s.

Further, they say that no men of the foreign neighbourhood ought to have common in the aforesaid woods at any time of the year, nor ought their beasts or cattle to enter the aforesaid woods except by licence of the bailiff. And if they enter, they ought to be imparked and kept until they shall satisfy the bailiff for that trespass.

Further, they say that every customary cart which carries wood or charcoal or any other thing of custom for sale and passes through any of the aforesaid woods shall give to the bailiff 4d. of custom.

Names of the tenants holding virgate lands, and rents of the same virgates and customs which pertain to them.

[Sidenote: 3-1/2 virgates.]

John de Walda holds 3-1/2 virgates with their homages appurtenant and renders 76s. a year at the two terms, without customs.

Sum, 76s.

[Sidenote: Virgate.]

Maurice Algar holds 1\2 virgate with its homages appurtenant and renders 9s. a year at the two terms.

William the Smith holds two parts of half a virgate with its homages appurtenant and renders 6s. a year at the two terms.

Richard Maneland holds a third part of half a virgate with its homages and renders 3s. a year at the two terms.

Sum, 18s.

[Sidenote: Virgate].

Richard de Dovere holds one virgate with its homage appurtenant and renders 30s. a year at the two terms; which virgate was of Hamo Peverel.

Sum, 30s.

[Sidenote: Virgate.]

Nicholas de la Hulle holds a fourth part of a virgate with homages and renders 5s. a year.

Walter de la Hulle holds a fourth part of a virgate with homages and renders 4s. 2d. a year at the two terms.

Richard son of Thomas de Bruera holds a fourth part of a virgate with homages and renders 30d. a year at the two terms.

William Annore holds a fourth part of a virgate with homages and renders 6s. a year at the two terms.[96]

Sum, 17s. 8d.

* * * * *

[Sidenote: Virgate.]

William Emeline holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

William Snelling holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

John Dasel holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

William Trilling holds two parts of half a virgate and renders 10s. a year at the two terms.

William Don holds a third part of half a virgate with homage at the Faucur and renders 5s. a year at the two terms.

Simon Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.

Isabel Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.

Richard the Fuller holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms. Sum, 27s. 6d.

[Sidenote: Half a Virgate.]

Henry de la Bruer holds a fourth part of a virgate and renders 7s. 6d. a year at the two terms.

Simon Pecoc holds an eighth part of a virgate and renders 3s. 9d. at the two terms.

Isabel Pecoc holds an eighth part of a virgate and renders 3s. 9d. a year at the two terms. Sum, 15s.

Sum total of rent of 39 virgates a year: 46l. 9s. 5-1/2d.

[Sidenote: Virgate.]

Further, John de Walda holds a virgate of land which was arrented first to the use of the King in the presence of William Brito and his fellows, approvers, and renders therefor 30s. a year of rent of assize.

And thus there are in all in the aforesaid manor 40 virgates of land which render yearly in rent of assize:

Sum, 47l. 19s. 5-1/2d.

Further, from works of the aforesaid 40 virgates 14l. yearly.

And be it known that each virgate ought to do all the works underwritten, and the works of each virgate are worth by themselves 7s. a year.

Virgate works.--Further, it is acknowledged by the aforesaid jurors that each virgate in the aforesaid manor owes all the customs underwritten, and so in proportion half a virgate and other parts according to the portion and quantity of land, as the virgate is divided, to wit, to plough 4 acres a year in the winter season, and the ploughing of each acre is worth 4d. Further, it ought to harrow those 4 acres, and the harrowing of each acre is worth 1/2d. Further it ought to thresh and winnow 1 quarter of rye for seed, and that threshing and winnowing is worth 2d. Further it ought to reap, bind and cock 4 acres, and this custom is worth 3d. for each acre, to wit, of rye. Further it ought to plough 4 acres in the summer season, and the ploughing of each acre is worth 3d. Further it ought to harrow those 4 acres, and the harrowing of each acre is worth 1/2d. Further it ought to thresh and winnow 1-1/2 quarters of oats, and the threshing and winnowing is worth 1-1/2d. Further it ought to reap, bind and cock 4 acres of oats, and that custom is worth 2-1/2d. for each acre. Further it ought to find two men for one day to hoe until noon, and that custom is worth 2d. Further it ought to find two men for one day to hoe in the summer season until noon, and that custom is worth 2d. Further it ought to carry the corn from the field of the lord the King to the grange with one waggon for one day until noon, and that carrying is worth 3-1/2d. Further it ought to find four men to lift the hay in the meadow of the lord the King for one day, and that custom is worth 2d. Further it ought to carry a waggonload of hay, and each carrying is worth 3d. Further it ought to manure with manure of the lord the King 4 selions[97] 40 perches in length in the next field ploughed for fallow, and that manuring is worth 4d. And it ought to do all these customs beforewritten at its own cost.

Sum of the aforesaid works, 6s. 2d. And of lawful increment for each virgate, 10d. a year. And thus the sum of the works of each virgate is 7s. a year.

Further, each virgate ought to enclose 6 perches of the paling of the park of the lord the King in the same manor with timber given by livery of the foresters and parkers. Further, all the tenants in the said manor ought to pay pannage for all the swine which they have between the feast of St. Michael[98] and the feast of St. Martin,[99] except those whom the King's charter protects, wheresoever they be within the manor, to wit, they owe a tenth part of the value of each pig which is worth more than 5d., whether there be acorns (_pesona_) or not; so nevertheless that for a pig worth more than 20d. the tenant shall give only 2d. Further all the tenants and sub-tenants throughout the bounds ought to guard the prisoners of the lord the King by night, except the cotmen, who ought to guard the said prisoners by day; and the prisoners ought to be imprisoned at the houses of the cotmen by night and day from house to house until their term be finished.

Names of the tenants of the forelands and rents of the same forelanders--

[Sidenote: Foreland.]

The relict of William Arnold holds 1 foreland and renders yearly 2s.

Richard of the Elms holds 1 foreland and renders yearly 4s.

John the Smith 3s.

John of the Oak of the burnt wood 18d.

Richard de la Strate 9d.

Arnewic May 12d.

Gilbert de la Berewe 3s. 4d.

William le Hettere holds 1 foreland and renders yearly 1d. and a ploughshare worth 6d. 7d.

John de Bollond 5s.

William Goldstan 2s.

Adam de Rumford 12d.

John de Haketon 2s.

Richard of the Elms 6d.

Nicholas de Wybrugge 4s. 4d.

Roger son of Elias holds 1 foreland which Gerald le Petit held and renders yearly 3s. 6d.

Andrew de la Lake 22d.

The heirs of William son of Guy 10d.

Sum of the rents of the aforesaid forelanders yearly, 37s. 2d.

[Sidenote: Sum.]

Names of the tenants assigned to serve the King's table.

[Sidenote: Of the Table of the King.]

Simon Weyland holds the swineherd's land, and renders 1/2 mark a year, because there are no swine.

[Sidenote: Virgate.]

The heir of William the Weaver holds the shepherd's land, and renders 12s. a year, because there are no animals.

John le Messager holds one ploughman's land, and renders 12s. a year, because there is no plough.

Adam le Wardur holds another ploughman's land, and renders 12s. a year, because there is no plough.

William Anore holds the smith's land, and renders 5s. a year, because there is no plough.

Reckoned as a virgate for the works of the paling.

Sum of rents of the aforesaid lands of the King's table, 47s. 8d.

[Sidenote: King's Messenger.]

Geoffrey son of Peter holds 6 acres of land, for which land he ought to carry the writs of the lord the King, when they come in the manor of the lord the King, wheresoever the bailiff shall wish within the county, at his own cost, and receiving 1-1/2d. for going a reasonable day's journey out of the county and nothing for the return journey.

Names of the cotters and rents of assize of their tenements and the customs of the same.

[Sidenote: Cotters.]

[Sidenote: Virgate.]

Geoffrey Scurel holds one cotland and renders yearly 5s. and for works 49d.

Peter le Abbot and his partners hold one cotland and render yearly 4s. and for works 49d.

William son of Savary holds one cotland and renders yearly 4s. and for works 49d.

Juliana relict of Edmund and her partners hold one cotland and render yearly 5s. and for works 49d.

Richard del Ho holds one cotland and renders yearly 3s. and for works 49d.

William de Ros and Adam Pays hold one cotland and render yearly 5s. and for works 49d.

William de Uphavering the younger holds one cotland and renders yearly 5s. and for works 49d.

Reckoned as a virgate for the works of the paling.

[Sidenote: Sums.]

Sum of rents of assize of the aforesaid cotters yearly, 31s.

Sum of the same works yearly, 28s. 7d.

Sum of both, that is, rents of assize and the same works yearly, 59s. 7d.

Lands occupied over[100] the King and arrented by William Brito and his fellows.

Richard Hageman holds 16 acres of land of new purpresture[101] and renders yearly half a mark.[102]

* * * * *

[Sidenote: Sum.]

Sum, 102s. 11-1/2d.

Richard Segar holds two dayworks with a house of the same [_i.e._ of new purpresture] and renders yearly 8d.

The same holds 1-1/2 acres of old purpresture and renders yearly 6d.[103]

* * * * *

[Sidenote: Sum.]

Sum, 10l. 1s. 6d.

Edmund Prest holds 5 acres and renders yearly 10d.[104]

* * * * *

The prior of Hornchurch holds 66 acres and 2 dayworks of land and 1 rood of meadow of encroachment and renders yearly half a mark.

Richard de Dovere holds the watercourse from Romford bridge to the park of Havering, and for the watercourse from the end of the fishpond of the abbot of Waltham between Havering and Weald to the mete and bound of the limits of Havering as far as the watercourse extends, and renders yearly 12d.

Richard de Dovere holds 85 acres of demesne in several places and renders yearly 20s.

[Sidenote: Sum.]

Sum, 117s. 7d.

Sum total of all lands occupied over the King, 21l. 2s. 0-1/2d.

[Sidenote: Subtenants.]

Names of all sub-tenants in the town of Havering who have chattels to the value of 40d. of whom it is acknowledged by the aforesaid jurors that each such tenant ought to reap, bind and cock one acre of oats of the demesne of the lord the King in autumn, and to find one man to mow in the King's meadow for one day at his own cost. And every of them, according as they join in a plough for ploughing their own land, shall plough for the lord the King each year for one day at the summer ploughing and for another day at the winter ploughing.[105]

* * * * *

[Sidenote: Sum.]

Sum of the rents of the aforesaid sub-tenants without ploughing, 4l. 6s.

The King is in seisin of the wardship of the lands and heirs of all the tenants of the same manor, and can hold them when he deems it to his advantage, and then he shall have no heriot. And if he deem it not to be expedient for him to hold the wardship of the lands and heirs in his own hand, he can demise the same, and then he shall have a heriot and relief.

Further, they say that all the tenants of the same manor can marry their sons and daughters without licence of the King or of his bailiffs, except the cotmen.

Further, they say that the King can tallage all the tenants of the same manor, except those who hold by charters of Kings at their will, according to their means, when he tallage other his demesne manors.

Further, they say that the pleas of court can be worth 40s. a year.

Further, they say that heriots and reliefs and other perquisites can be worth in common years 53s. 4d.

Further, they say that view of frankpledge can be worth in common years 6s. 8d.

[Sidenote: Sum.]

Sum total of all sums of the same manor, 112l. 10s. 11-3/4d., except free tenants and the ploughing of sub-tenants and customary carts.

[Footnote 91: And 28 others named.]

[Footnote 92: _cf. above, Rectitudines, p. 5, under Geneat's Service_, "he must ... cut the deer-hedge and maintain it."]

[Footnote 93: Produce or profits.]

[Footnote 94: November 11.]

[Footnote 95: Food for swine.]

[Footnote 96: Thirty-one virgates follow in like detail.]

[Footnote 97: Strips.]

[Footnote 98: September 29.]

[Footnote 99: November 11.]

[Footnote 100: In feudal law seisin _or_ possession is conceived of as concrete rather than abstract. Any encroachment on the waste, therefore, is regarded as the imposition of a new seisin upon the old seisin, as an occupation over the lord, who in this case is the King.]

[Footnote 101: Encroachment.]

[Footnote 102: A hundred more similar entries follow.]

[Footnote 103: A hundred and two more similar entries follow.]

[Footnote 104: Thirty-nine more similar entries follow.]

[Footnote 105: 174 names follow.]

2. EXTRACTS FROM THE COURT ROLLS OF THE MANOR OF BRADFORD, CO. YORK [_Court Rolls_, 129, 1957], 1349-1358.

Court of Bradford holden on Saturday, the eve of St. Lucy the Virgin, 23 Edward III.[106]

[Sidenote: [m.20.]]

[Sidenote: Damages.]

Henry son of William the Clerk of Bradford, executor of the will of the said William, was summoned to answer Richard de Wilseden, chaplain, touching a plea wherefore he renders not to him 7s. 10d., which he owes him, because the aforesaid William, his father, whose executor he is, was bound to him, and which he ought to have paid him at Michaelmas last past, and which the same Henry still detains from him, to the heavy damage of the said Richard of 2s. etc. And the aforesaid Henry, being, present in court, cannot deny that he owes him the said money. It is therefore awarded that the same Richard recover against him the aforesaid 7s. 10d., together with his aforesaid damages. And the aforesaid Henry is in mercy for the unjust detention, etc.

[Sidenote: Mercy, 2d.]

* * * * *

[Sidenote: Entry, 2s.]

Amice, daughter and heir of Roger de Oulesnape, came here into Court and took a cottage and 4 acres of poor bondage land in the town of Stanbury after the death of the aforesaid Roger, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And she gives to the lord 2s. of fine for entry. Pledge, Roger son of Jurdan.

[Sidenote: Entry, 2s.]

William Couper, who held a cottage and 4 acres of bondage land there, is dead; and hereupon came Roger, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, Thomas de Kyghley.

[Sidenote: Entry, 3s.]

Robert son of Roger son of Richard, who held a toft and 8 acres of bondage land there, is dead. And hereupon came John, his brother and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 3s. of fine for entry. Pledge, Roger son of Jurdan.

[Sidenote: Entry, 5s.]

Jordan de Stanbury, who held a messuage and 1/2 bovate of bondage land there, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs by the services etc., saving the right, etc. And he gives to the lord 5s. of fine for entry. Pledges, John son of Roger and Roger son of Jurdan.

John de Oldefeld, who held a messuage and 1/2 bovate of bondage land there, is dead. And Alice, his daughter and heir, is of the age of half a year.

[Sidenote: Fine, 2s.]

And hereupon came John Swerd and took those tenements, to hold for a term of ten years next following fully complete, by the services, etc. And he gives to the lord 2s. of fine. Pledge, Adam de Oldefeld.

[Sidenote: Entry, 2s.]

Adam Dykson came here into Court and took a messuage and 1/2 bovate of very poor land, which was of Adam atte Yate, to hold according to the custom of the manor, by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, John de Helwyk.

[Sidenote: Entry, 5s.]

Roger Dikson, who held half a messuage and 1/2 bovate of land, is dead. And hereupon came Robert de Oldefeld, next friend of William, son and heir of the aforesaid Roger, and took those tenements to the use of the said William, to hold to him and his heirs, according to the custom of the manor by the services, etc. And he gives to the lord 5s. of fine in the name of the said William. Pledge, John Swerd.

[Sidenote: Fine, 2s.]

John Barne of Manningham, who held a messuage and a bovate of bondage land there, is dead. And hereupon came Margery his wife and took those tenements, to hold according to the custom of the manor for the term of her life by the services, etc. And she gives to the lord 2s. of fine. Pledge, John atte Yate.

[Sidenote: Fealties. Respite of acknowledgement of services.]

Margaret and Agnes, daughters and heirs of Hugh Browne, Alice, Joan and Juliana, daughters and heirs of John Kyng, Juliana, who was the wife of Hugh Kyng of Thornton, Robert son of John Bollyng and Elizabeth his wife, Alice, who was the wife of William le Clerk of Clayton, Alice, daughter and heir of Robert de Manyngham, and Thomas her husband, William, son and heir of Ellen Coke, and John (dead), son and heir of John de Wyndhill, came here into Court and did their fealties, and they have a day at the next Court to acknowledge their tenements and services, etc. and also to show their deeds etc.

Agnes Chapman came here into Court and took a small house in Bradford called the Smythhouse, to hold at the will of the lord by the services. And she gives to the lord 18d. of fine to have such estate, etc.

[Sidenote: Fine, 12d. (_sic_.)]

[Sidenote: Entry, 8s.]

William Barne, who held 2 messuages and 2 bovates of bondage land in Manningham, is dead. And hereupon came Hugh, his brother and heir, and took the aforesaid tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 8s. of fine for entry. Pledges, Thomas de Chellowe and John his son.

[Sidenote: Entry, 10s.]

Richard Gilleson, who held there in the same manner 2 messuages and 2 bovates of land, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 10s. of fine for entry. Pledges, Hugh Barne and the whole homage, etc.

[Sidenote: Entry, 10s.]

John son of Richard Gillesson came here into Court and rendered into the hands of the lord 2 messuages and 2 bovates of very poor land there to the use of Thomas de Chellowe for ever. Which tenements were afterwards granted to the same Thomas, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And the same Thomas gives the lord 10s. of fine for entry. Pledges, Hugh Barne and John Gilleson.

[Sidenote: Fine, 2s.]

William Wilkynson, who held there in like manner a messuage and a bovate of land, is dead, and Alice his daughter and heir is of the age of half a year. And hereupon came John Magson, her next friend, to whom, etc.[107] and took the wardship of the aforesaid land and heir until her full age, etc., by the services, etc. And he gives to the lord 2s. of fine for entry. Pledges Hugh Barne and Thomas de Chellowe.

[Sidenote: Fine respited.]

Thomas Neucomen, who held a messuage and a bovate of bondage land in Bradford, is dead. And hereupon came Margery, daughter and heir of the same Thomas, and took the aforesaid tenements, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And the fine for entry is put in respite until the next court.

[Sidenote: Distraint.]

[Sidenote: Tenements to be seized.]

William Tompsey of Bradford, the lord's bondman, who held a messuage and a bovate of bondage land in Bradford, is a runaway, because [he holds] other tenements in Moreton by York by hereditary descent. Therefore he is distrained to dwell on the tenement here. Let the tenements at Moreton be seized into the lord's hand, etc.

[Sidenote: Respite.]

William Clerk of Clayton, who held a messuage and 2 bovates of land in Clayton by knight service, is dead. Let William, his son and heir, of the age of two years, together with the tenements aforesaid, be seized into the hands of the lord the Earl. And hereupon comes Alice, who was the wife of the same William Clerk, and says that she was jointly enfeoffed of the aforesaid tenements with the aforesaid William, her husband, and craves a day at the next Court to show her charters thereof, and has it. William, the son and heir, is committed to the wardship of the aforesaid Alice to be kept safely without a wife. Pledges, William son of Adam of Horton and Roger del Holyns.

[Sidenote: Fine, 10s.]

Whereas before these times a stall was taken from the lord's waste in the market place of Bradford to be holden by the services of 6d. a year, and hereupon one Adam Notebroun, receiver of the money of the lord the Earl [took it], to hold in the said form, etc., and afterwards the same Adam alienated that stall to one Hugh son of Thomas in fee for [20s.], on account whereof the stall was seized into the lord's hand according to the form of the statute; and hereupon the same Hugh comes here and says that he took the stall for 20s. and paid only 10s. thereof to the same Adam, etc., and craves that he [may pay the said 10s.] and hold the stall in the form in which [it was held] after it was taken; which is granted to him by the steward. Pledge for payment, of the aforesaid 10s. ... And order is made to levy from the aforesaid Adam another 10s. to the use of the lord, unless he may have better grace by the counsel of the lord, etc.

[Sidenote: Inquisition of office.]

It is presented by William de Berecroft ... that Thomas son of Thomas 12(d.), Ralph atte Tounhend (8d.), William ... (12d.), and William son of John (6d.) exercise the trades of tanner and shoemaker. Therefore they are in mercy. And it is ordered that they be attached to abjure, etc.

[Sidenote: Mercy, 10d.]

Further, they present that Hugh son of Thomas exercises the trade of butcher together with the trades of shoemaker and tanner. Therefore it is ordered that he be attached to abjure those two trades, etc.

[Sidenote: Mercy, 12d.]

Further, that Alice Geldoghter and Adam Notebroun are bakers and sell bad bread contrary to the assize. Therefore they are [in mercy].

* * * * *

Sum of this tourn, with waifs and strays, 24s. 1d.

* * * * *

Court of Bradford holden on Thursday next before the feast of St. Gregory the Pope, 24 Edward III.

* * * * *

[Sidenote: Acknowledgment of service.]

Thomas le Harpour and Alice his wife, daughter and heir of Robert de Manynghame, come here into Court and acknowledge that they hold of the lord a messuage and a cottage and 8 acres of land by knight service by homage and fealty and suit of court every three weeks, rendering therefrom yearly 2s. at the usual terms; and they give to the lord 4s. for relief.

* * * * *

[Sidenote: Fine, 1/2 mark.]

William Iveson came into Court and made fine with the lord by 1/2 mark for licence to exercise the trades of tanner and shoemaker until Michaelmas next. Pledge, William son of Hugh the Bailiff.

* * * * *

[Sidenote: [m. 31.]]

Court holden at Bradford the day and year aforesaid.[108]

[Sidenote: Leyrwite.]

Agnes Chilyonge of Manningham, the lord's bondwoman, came here in Court and made fine of 12d. with the lord for her leyrwite[109]; pledge, William Walker; and the fine is not more because she is very poor and has nothing.

[Sidenote: [m. 32.]]

Court holden at Bradford on Friday next before the feast of the Nativity of St. John the Baptist, 28 Edward III.[110]

[Sidenote: Fine, 20s.]

John Abbot, William son of Henry de Allerton, John Dughti, Robert de Oldfeld, and Adam de Oldfeld, who mainprised[111] for the aforesaid John Abbot to keep the peace towards all persons and specially towards Roger Fairegh, under a penalty of 10l. to be paid to the lord Duke, now, because the aforesaid John Abbot beat and evilly entreated the aforesaid Roger Fairegh, on account whereof the aforesaid penalty of 10l. ought to be levied from the aforesaid John Abbot and his mainpernors,[112] because the express cause for which the aforesaid penalty should be rightly levied is now come to pass; nevertheless, the aforesaid lord Duke, mindful that they are all his bondmen, and regarding their poverty, has granted of his special grace that the aforesaid John Abbot and his mainpernors may make fine of 20s. for the aforesaid 10l. forfeited, to be paid at Michaelmas next; and each of them is the others' pledge.

[Sidenote: Merchet].

Roger son of Roger de Manynghame has made fine of 1/2 mark for the merchet of Cecily his wife, the lord's bondwoman; pledge, Thomas de Manynghame.

[Sidenote: Merchet.]

Thomas Gabriell has made fine of 1/2 mark in like manner for the merchet[113] of Maud his wife, the lord's bondwoman; pledge, Thomas de Tiresale.

[Sidenote: Fine, 6d.]

Thomas de Tiresale has made fine of 6d. with the lord for licence to have John son of Roger Childyong, the lord's bondman, in his service until Michaelmas next, so that he then render the aforesaid John to the lord's bailiffs, etc.

[Sidenote: Chevage.]

Agnes daughter of Adam atte Yate, the lord's bondwoman, has made fine for her chevage[114], for licence to dwell wheresoever she will, to wit, 6d. to be paid yearly at Michaelmas and Easter in equal portions; pledge, Robert atte Yate.

[Sidenote: Distrain.]

It is presented by Roger Judson, Thomas son of Roger, Thomas Gabriel, Adam del Oldfeld, Robert de Oldfeld, and John atte Yate, that Cecily de la More,[115] the lord's bondwoman, has been violated by John Judson; therefore let her be distrained to make fine therefor with the lord.

[Sidenote: Distrain.]

Further, it is presented that Isabel daughter of William Childyong, the lord's bondwoman, has married one William Cisson, a free man, without licence. And Alice daughter of John Gepson, the lord's bondwoman, has married one William del Hale, a free man, at Beston, without licence; therefore let them be distrained to make fine with the lord for their merchet, etc.

[Sidenote: Inquest.]

Let inquest be made touching the sons and daughters of William del Munkes, who dwell at Darthington and are the lord Duke's bondmen and bondwomen of Bradford, etc.

[Sidenote: Arrest.]

Further, it is presented that Alice daughter of William Childyong, the lord's bondwoman, dwells at York; therefore let her be taken, etc.

Sum of this Court:--35s. 3d. {Merchets, 13s. 4d. Thereof further for chevage, 6d. {Perquisites, 21s. 11d.

[Sidenote: [m. 45 d.]]

Court holden at Bradford on Wednesday, 12 December, 32 Edward III [1358].

[Sidenote: Day given under a penalty.]

Again Anabel del Knoll has a day, as above,[116] to rebuild a house on a plot of land which she holds of the lord at will, and under the same penalty as in the Court preceding.

[Sidenote: Arrest bondmen.]

It is ordered, as many times before, to take William son of Richard Gilleson, Roger son of William del Mersh, dwelling with John de Bradlay, Thomas son of John atte Yate, William son of William Childyong (in Pontefract), Alice daughter of John atte Yate (in Selby), Alice daughter of William Childyong (in Methelay), and William son of William Childyong, the lord's bondmen and bondwomen of his lordship here, etc., who have withdrawn without licence, and to bring them back hither until [they make fine for their chevage].

* * * * *

[Sidenote: [m. 46.]]

[Sidenote: Mercy, 4d.]

[Sidenote: Without a day.]

Roger son of Roger makes plaint of Alice de Bollyng [in a plea] of trespass, pledge to prosecute, William Walker, to wit, that she has not made an enclosure which she is bound to make between his holdings and her own holdings in Mikelington, so that for lack of enclosure there divers cattle entered and fed off his corn, to wit, his rye and oats and grass, to his damages of 10s. And the aforesaid Alice defends and says that the aforesaid Roger, and not she, is bound to make an enclosure there, and hereon she puts herself upon the country. But the jurors hereupon elected, tried and sworn, say on their oath that the aforesaid Roger is bound to make the aforesaid enclosure between the aforesaid holdings. And therefore it is awarded that the aforesaid Roger be in mercy for his false claim, and that the said Alice go without a day.

[Sidenote: Mercy, 2s.]

It is presented by the parker that William Walker (6d.) with 11 beasts, Roger de Manyngham (4d.) with 3 beasts, John de Gilles (2d.), Thomas Staywal (2d.) with one beast, Roger Megson (2d.) with one beast, Denis Walker (2d.), Richard Wright (4d.) with 2 beasts and William Coke (2d.) with a horse, have fed off the grass of the lord's wood in Bradfordbank; therefore they are in mercy.

[Sidenote: Mercy, 12d.]

Again it is presented that William Notbroun (6d.) and Adam Notbroun (6d.) with their cattle have broken down the hedge around the lord's wood, and with the said cattle have fed off the grass of the lord's wood; therefore they are in mercy.

[Sidenote: Mercy, 10d.]

Again it is presented that Richard Milner of Idel (6d.), Richard Baillif (2d.) and William Smyth of Caleshill (2d.) have carried millstones over the lord's soil here without licence; therefore they are in mercy.

[Sidenote: Fine, 26s. 8d.]

[Sidenote: Chevage, 2s.]

Again it is presented by John de Denholm, John Judson, Adam Dikson, Robert del More, Thomas de Chellowe, Hugh Barn, Robert atte Yate, John atte Yate, Richard Curtays, John Rous, Roger Johanson and John de Gilles, that William Tomse, the lord's bondman, dwelling in Moreton by York, Roger de Stanbiri, the lord's bondman, dwelling in Wirkley, and John Bonde, dwelling in Sighelesden, and John son of Roger son of William del Mersh, dwelling with John de Bradlay, the lord's bondmen here, have withdrawn without licence; and hereupon order was made to take them all, so that they be [here] until, etc. And the aforesaid William Tomse and Roger de Stanbiri were taken and were brought before the steward at Pontefract on Saturday next after the feast of the Circumcision of the Lord. And the aforesaid William Tomse there made fine of 26s. 8d. before the said steward, to wit, in order to have his goods at the steward's will,[117] to be paid at the feasts of St. Peter's Chains and St. Michael next by equal portions. And also the aforesaid William made fine for chevage, to wit, a fine of 2s. to be paid yearly at the feasts of Whitsunday and St. Martin in Winter by equal portions; and William Cooke of Brotherton became his pledge as well for his yearly chevage as for his other fine for his said goods. And Roger de Stanbiri likewise on the same day was brought before the aforesaid steward at Pontefract and made fine of 20s. to have his goods at the steward's will, to be paid at the terms of Easter and Michaelmas next; and also the aforesaid Roger made fine of 12d. for his chevage, to be paid yearly at the terms aforesaid; and Thomas Dantrif became his pledge as well for his yearly chevage as for his fine aforesaid. And it was granted to the same William and Roger that they may stay outside the lordship here in the places where they were staying before, and that too at the lord's will, for their chevages aforesaid, to be paid yearly, as is aforesaid.

[Sidenote: Fine, 20s.]

[Sidenote: Chevage, 12d.]

[Sidenote: Take bondmen.]

And order is made to take all the other bondmen named above, because they come not, and to bring them back hither to their nests until, etc.[118]

* * * * *

Sum of this Court:--51s. 9d., the whole perquisite. Further from chevage as above:--3s. a year to be paid at the terms as above.

[Footnote 106: December 12, 1349, the year of the Black Death. The monotonous death roll is noteworthy.]

[Footnote 107: _Sc._ the inheritance cannot descend.]

[Footnote 108: Monday before May 1, 1354.]

[Footnote 109: Fine on giving birth to an illegitimate child.]

[Footnote 110: Friday before June 24, 1354.]

[Footnote 111: _i.e._ Became sureties.]

[Footnote 112: _i.e._ Sureties.]

[Footnote 113: _i.e._ Fine upon marriage.]

[Footnote 114: _i.e._, head-money, a fine paid yearly by bond-tenants dwelling away from the manor.]

[Footnote 115: _Interlined above_ Cecily _is_ Roger Judson.]

[Footnote 116: Anabel has persistently refused to rebuild the house during the last six years; she discharges her obligation two years later [m.50].]

[Footnote 117: _i.e._ In order to retain his own possessions during the steward's good pleasure. In law a bondman's goods belong to his lord.]

[Footnote 118: _cf._ Bracton, _De Legibus Anglie, ff. 6 b. and 7._ "Serfs are under the power of their lords, nor is the lord's power loosed so long as they abide in villeinage, waking and sleeping, whether they hold land or not. Moreover, if they are not abiding in villeinage, but wandering abroad through the country, going and returning, they are always under the power of the lords, so long as they return; and when they have lost the habit of returning, they begin to be runaways, after the likeness of tame stags. Moreover, if when they are abroad as merchants or wage-earners they pay chevage at fixed times ... and so long as they pay chevage, they are said to be under the power of the lords, and the lord's power is not loosed. And when they cease to pay they begin to be fugitives ... and ought to be pursued forthwith." And _ibid. f._ 26. "It was said in the King's court before the justices of the Bench at Westminster by John de Metingham and his fellows, justices there, that if a bondman born and bred shall be a runaway ... and shall have returned and be found on the bond estate where he was born, and be taken there by his true lord or his ministers as a bird in its nest, and this be proved, if such a man venture to deny it in the King's court, he shall be a serf for ever."]

3. DEED ILLUSTRATING THE DISTRIBUTION OF STRIPS [_Ancient Deeds_, B 4397], 1397.

To all Christ's faithful to whom the present writing shall come, Morgan Gogh, greeting in the Lord. Know ye that I have demised, granted and by this my present writing indented confirmed to John Druwere a cottage with a curtilage situate in Modbury between the cottage of John Janekyns on the east side and the tenement of Thomas Cobbe on the west side, and three acres, one rood of arable land lying in the fields of Modbury, whereof one acre lies in Brokeryg between the lord's land on either side, one acre in Totecombe between the lord's land and the land of Thomas Cobbe, three roods in Brokeryg between the lord's land and the land of William Cockes, a half acre there between the land of Thomas Cobbe and the land of Ralph Smale, and a half acre of meadow lies in Sturtilmede between the meadow of Gilbert Scolemaystre on either side, with pasture for one plough-beast and two draught-beasts in common; which land, meadow and pasture John Pipere lately held for term of his life; to have and to hold all the aforesaid cottage with the curtilage, land, meadow, and pasture, to the aforesaid John for term of his life, of me and my heirs or my assigns freely, quietly, well and in peace, rendering therefor yearly to the aforesaid Morgan and his heirs or his assigns 3s. 4d. sterling at the four principal terms of the year by equal portions for all services, saving the royal service, and doing suit to my court yearly upon reasonable summons.... Nor shall it be lawful for the aforesaid John to demise to any man the said cottage, with the curtilage, land, meadow and pasture, as well in parcels as in whole, during his life, under penalty of loss of the aforesaid cottage with all its appurtenances.... In witness whereof the parties aforesaid have interchangeably set their seals to these indentures. These witnesses:--Richard Pokeswell, Thomas Wodham, Robert Grey, John Hunte, John Iryssh and many others. Given at Modbury on Thursday next after Michaelmas, 21 Richard II.

4. REGULATION OF THE COMMON FIELDS OF WIMESWOULD [_Hist. MSS. Com., Middleton MSS., p. 106_], _c._ 1425.

For neat [_i.e._ cattle] pasture we ordain Orrow and Breches, Woldsyke and Wylougbybroke, for to be broken[119] on Crowchemesseday [14 September]; and whoso break this, every man shall pay for each beast that may be taken in any other several pasture a penny to the church; therefor to go a sevennightday [_i.e._, to endure for a week].

Also, for the neat pasture, after that be eaten, all the wheatfield, to wit, Hardacre field namely, save Strete headlands, where they may not go for destroying of corn; this for to endure another sevennightday under the pain beforesaid.

Also, on Holy Thursday eve we ordain the commons of the Peasfield for horses to be broken, and no other beasts to come therein. For if there be any man that have any horse that is feeble and may not do his work for fault of meat, and this may reasonably be known, let him relieve of his own, so that he save his neighbour from harm, for if any man may ... which beasts 'lose' in corn or in grass, he shall for each beast pay a penny to the church, and make amends to his neighbour.

Also, on Whitsun eve every man [shall] break his several pasture as he likes, and no man tie his horse on other ... his own for to be several till Lammas, each man to eat his own, under the pain beforesaid.

Furthermore, if any man ... plough-oxen for to be relieved on his several grass, let him tie them in his best manner or hold them in, as other men do their horses ... on no other man's grass going to or fro abroad, as they will pay for each beast a penny to the church and make [amends] ... to him that has the harm.

Also, if any man tie his horse or reach on any headlands or by brookside into any man's corn, he shall make amends to him that has the harm, and for each foot that is within the corn pay a penny to the church.

Also if any man shall be taken at night time destroying other corn or grass, he shall be punished as the law will, and pay 4d. to the church.

Also, all manner of men that have any pease in the field when codding time comes, let them cod in their own lands and in no other man's lands. And other men or women that have no peas of their own growing, let them gather them twice in the week on Wednesday and on Friday, reasonably going in the land-furrows and gathering with their hands and with no sickles, once before noon and no more, for if any man or woman other that has any peas of his own and goes into any other, for each time [he shall] pay a penny to the church and lose his cods, and they that have none and go oftener than it is before said, with sickle or without, shall lose the vessel they gather them in and the cods, and a penny to the church.

Also, no man with common herd nor with shed herd [shall] come on the wold after grass be mown till it be made and led away, but on his own, and then let them go all together in God's name; and if they do, each man pay for his quantity of his beasts a certain to the church, that is for to say, a penny for each beast.

Also, if there be any man that throws in any sheaves on any land for to tie on his horses, he shall make a large amends to them that have the harm, and for each foot pay a penny to the church, but on his own. Furthermore, if any man tie his horse in any stubble and it be mown in reasonable time [he] shall pay the aforesaid pain.

Also, if any man may be taken at nighttime in the field with cart or with bearing of any other carriage in unreasonable time between bell and bell [he shall] pay 40d. to the church, save as thus, if any man in peas harvest, he and his servants, in furthering of his work and saving of his corn, bind at morning or till it be moonshine, all other works at nighttime except, save this.

Also, all manner labourers that dwell in the town and have commons among us shall work harvest work and other works for their hire reasonable as custom is, and not to go to other towns but if they have no work or else no man speak to them, so that they may be excused, for if they do, they shall be chastised as the law will.

Also, no man or woman that works harvest work bear home no sheaves of no man's, but if [_i.e._ unless] they be given them well and truly, for if it may be wist, for each sheaf that they bear home without leave [they] shall pay a penny to the church.

Also, no man or woman glean no manner of corn that is able to work for his meat and twopence a day at the least to help to save his neighbour's corn; nor no other gleaners, that may not work, glean in no manner of wise among no sheaves, for if they do, they shall lose the corn and a penny to the church for each burden.

Also, neither common herd nor shed herd come in the wheat cornfield till the corn be led away, nor in the peas cornfield in the same wise till the peas be led away, and the common herd and shed herd may go together as they should do, on pain of each beast a penny to the church.

Also, that no man take away his beasts from the common herd from Michaelmas tide to Yule to go in the wheatfield to 'lose' the wheat, for if any man may take any beast therein, they shall pay for each beast a penny to the church as often as they may be taken destroying the corn, and the herd [shall pay] his hire.

Also, if our hayward pen a flock of neat of the country, he shall take six pence, for a flock of sheep four pence, and for each horse a penny.

And that our wold be laid in several at Candlemas, for if any herd let his beasts come thereon after, [he shall] pay for each time four pence to the church.

Also, whosoever has any meadows within the corns, my lord or any man else, let make them to 'dele' them out and take a profit of them on God's behalf, and whoso trespass, let make amends.[120]

[Footnote 119: _i.e._ Thrown open for grazing.]

[Footnote 120: This document is defective, and at the best its bucolic English is hard to interpret.]

5. LEASE OF A MANOR TO THE TENANTS [_Cart. Rams._ II, 244], 1279.

To all Christ's faithful who shall see or hear the present writing, William, by the grace of God Abbot of Ramsey, greeting in the Lord.

Know ye that we have demised at farm to our men of Hemingford our manor of Hemingford from Michaelmas in the eighth year of the reign of King Edward, son of King Henry, at the beginning of the ninth, until the end of seven years next following, for 40l. sterling to be paid to us therefrom yearly at the four terms, to wit, at Michaelmas 10l., on St. Andrew's Day[121] 10l., at the Annunciation[122] 10l. and at Midsummer 10l.

Our aforesaid men shall hold the aforesaid manor with all its appurtenances, except the gift of the church when it fall vacant, and our fishery, and the mill, which we have kept in our hand.

Also they shall have all profits of the town except our tallages, sheriff's aid, hundred aid, "wardpenys," and scutage of the lord the King, and except the issues of causes which cannot be determined without us or our bailiffs, of the issue whereof they shall have a moiety, and except view of frankpledge[123] and the Maunde acre and the acres of the reeve of Ramsey.

And be it known that if any customary tenant die without heir of his body, we will demise his land and his messuage to whomsoever we will and keep in our hand the gersum[124] arising thence.

Also no customary tenant shall make fine for relieving or marrying his daughters without our presence, but their gersums shall be made before us in the presence of the reeves or any of the farmers, who shall have and collect the said money towards their farm.

Nor may the said farmers demise house or land to any stranger or one of another's homage, without our special licence.

For we will that such gersums beyond the fixed farm be entirely paid to us.

Moreover the said farmers have received the following stock:--

The corn grange full of corn on either side the door by the door posts and by the beams beyond the door, and so sloping to the roof of the granary.

They have received also the oat barn full of oats by the east door post.

The breadth of the grange was 28 feet within, the length 39 feet, and the east end of the grange is round; the height in the middle is 19 feet; and at the side from the door to the curve of the round end the length of the wall is 30 feet, the height 5-1/2 feet.

They have received also a heap of barley 36 feet in length, 11 feet in breadth, 11 feet in height, and 18 feet in breadth in the middle.

Moreover they shall be quit of a serjeant[125] in autumn every year except in the last year, in which they shall have a serjeant, by whose view, according to the custom of the abbey, the stock shall be made up.

They shall also be quit of our yearly lodging due, except that as often as we shall come there they shall find for us salt, straw and hay without an account.

And at the end of the seven years they shall render to us the aforesaid manor with the stock with which they received it.

Also they shall give back the land well ploughed twice.

And be it known that the fruits which were then in the barn ought to be counted for the first year, because they were of our stock.

In witness of which demise of the land and the manor we have caused our seal to be set to this present writing.[126]

[Footnote 121: November 30.]

[Footnote 122: March 25.]

[Footnote 123: In law every man was forced to be in frankpledge, that is, to be one of a group, each member of which was responsible for the others' good behaviour. The 'view' was a half yearly survey of such groups, at which offences were presented and punished.]

[Footnote 124: Fine.]

[Footnote 125: _i.e._ Free from the inspection and audit of the lord's officer.]

[Footnote 126: This document is of great interest as an instance of an early stock-and-land lease.]

6. GRANT OF A MANOR BY A LORD TO THE CUSTOMARY TENANTS AT FEE FARM [_Patent Roll, 6 Edward III, p. 2, m. 27_], _ante_ 1272.

The King to all to whom, etc., greeting. We have inspected a writing which Richard, sometime earl of Cornwall, made to his customary tenants of his manor of Corsham in these words:--

To all to whom the present writing shall come, Richard, earl of Cornwall, greeting. Know all of you that we have demised and granted and by our present writing confirmed for us and our heirs to all our customary tenants of our manor of Corsham all our manor of Corsham, with the rents, demesnes, meadows, feedings and pastures to the said manor pertaining, saving to us a third part of the meadow of Myntemede, which third part the said customary tenants shall mow, carry and cock at their own costs, saving also to us the site of our fishpond, our parks, our warren, pleas, perquisites and all escheats which can escheat to us or our successors; to have and to hold to the said customary tenants and their successors of us and of our heirs for ever, for 110 marks to us and our heirs or assigns yearly to be paid to our bailiff in the said manor at two terms of the year, to wit, on the octave of Easter 55 marks and on the octave of Michaelmas 55 marks, for all services and demands to us or to our heirs or assigns belonging, saving to us all the things aforenamed. And we will that our said customary tenants for ever be quit of tallage and view of frankpledge and all other customs and services to us or to our heirs pertaining. Our aforesaid customary tenants, however, have granted for them and their successors that, if they keep not this covenant according to the form of the present writing, all their tenements which they hold of us shall revert to us and our heirs without any contradiction, if it be through them that the form of this writing be not kept. We will also and we grant that if any of our said customary tenants of our said manor of Corsham be rebellious, contravening the form of this writing, our bailiff for the time being shall have power to distrain him by lands and chattels to observe more fully all the things abovesaid according to the tenour of this writing. And in witness thereof we have caused our seal to be set to this writing. These witnesses:--Sir Richard de Turry, Sir Sampson de la Bokxe, Sir Henry Crok, Sir Philip de Eya, Walter Galun, then bailiff, Martin de Hortham, Sir Gilbert, then prior of Corsham, Richard de Cumberwell, Ralph, then vicar of Corsham, and others.[127]

And we, ratifying and approving the demise, grant and confirmation aforesaid, grant and confirm them for us and our heirs, as far as in us lies, to the aforesaid customary tenants and their successors, as the writing aforesaid reasonably testifies, and as they now hold the manor aforesaid with the appurtenances, and they and their ancestors and predecessors have held that manor hitherto, and have reasonably used and enjoyed the liberties aforesaid, saving to us a third part of the said meadow of Myntemede and the site of the fishpond, the parks, warren, pleas, perquisites and all escheats abovesaid, as is aforesaid. In witness whereof, etc. Witness the King at Woodstock, 1 July. By a fine of 5 marks. Wilts.

[Footnote 127: The date of the original deed must be earlier than 1272, in which year the earl died.]

7. LEASE OF MANORIAL HOLDINGS [_Fine Roll, 10 Edward III, m. 7_], 1332.

The King to all to whom, etc., greeting. We have inspected a writing which John late earl of Cornwall, our brother, now deceased, made in these words:

John, son of the illustrious King of England, earl of Cornwall, to all and singular who shall see or hear the present writing indented, greeting in the Lord. Know ye that, having regard to the no small decrease and decay of rents and farms pertaining to our manor of Kirton in Lindsey in times past, for that tenants of escheated tenements in the same manor, having no estate of the same tenements save from year to year or at least at the will of the lords, our predecessors there, have made no outlay or the least which they could on the maintenance of the buildings on the same tenements; and wishing to raise again the aforesaid rents and farms as much as we can for our advantage; we have granted for us and our heirs and by our present writing have demised to John of Westminster and Emma his wife and Thomas, son of the same John and Emma, those two parts of all those tenements with the appurtenances in the town of Kirton aforesaid which the same John before the making of this writing held of us during our pleasure, as of an escheat formerly in our hand of the tenements which were sometime of Thomas of Bromholm; to have and to hold to the same John and Emma his wife and Thomas, son of the same John and Emma, and each of them that lives the longer, for their whole life, of us and our heirs, rendering therefrom yearly to us and our heirs 100s. sterling at the feasts of Easter and Michaelmas by equal portions; and we, the aforesaid earl, and our heirs will warrant the aforesaid two parts of the tenements aforesaid with their appurtenances to the aforesaid John and Emma his wife and Thomas, son of the same John and Emma, for their whole life, as is aforesaid, against all people for the aforesaid rent. In witness whereof we have thought fit to set our seal to this writing. These witnesses:--Sirs John de Haustede, Thomas de Westone and William de Cusancia, knights, Sir William de Cusancia, rector of the church of Wakefield, our treasurer, and William de Munden, our clerk and secretary, and others. Given at York on Tuesday next after the feast of All Saints in the 6th year of the reign of King Edward the Third after the Conquest, our dearest brother.

And we, ratifying and approving the demise aforesaid, grant and confirm it for us and our heirs, as much as in us lies, as the writing aforesaid reasonably testifies, willing and granting for us and our heirs that the same John, Emma and Thomas have and hold the tenements aforesaid with the appurtenances for the whole life of each of them by the aforesaid service of rendering to us and our heirs yearly the said 100s. according to the tenour of the writing of the same earl abovesaid. In witness whereof etc. Witness the King at Leicester, 1 October.

By the King himself.

8. AN AGREEMENT BETWEEN LORD AND TENANTS [_Duchy of Lancaster, Misc. Bks., 5, f. 103_], 1386.

_Warkington._--At the view of frankpledge holden there on 20 October, 10 Richard II., it was granted to all the lord's tenants in the presence of John Mulso, Nicholas Lovet, Edmund Bifeld, Stephen Walker of Keteryng and others there present, that if it pleased the lord they might hold certain bond lands and tenements at a certain rent and service, as follows, during a term of six years next after the date abovewritten, the term beginning at Michaelmas last past; to wit, that each tenant of a messuage and a virgate of bond land shall render to the lord 18s. yearly at four terms, to wit, at the feasts of St. Edmund the King and Martyr,[128] Palm Sunday, the Nativity of St. John the Baptist,[129] and Michaelmas, by equal portions, and shall do two ploughings a year at what times of the year he shall be forewarned by the bailiff of the manor for the time being, and shall work in "le Keormede" as he used before, save that the lord shall find him food and drink for the ancient customs, that is, for half a sheep and for each scythe 1/2d., and so he shall reap in Autumn for two days, to wit, one day with two men and another day with one man, at the lord's dinner[130]; he shall give 4d. for a colt if he sell it, he shall pay heriot if he die within the term, and he shall make fine for marrying his daughters and for his sons attending school, and for "leyre-wite" as he used before.[131]

[Footnote 128: November 20.]

[Footnote 129: June 24.]

[Footnote 130: _i.e._ The lord providing dinner.]

[Footnote 131: The lord here is the Abbot of Bury St. Edmunds.]

9. COMPLAINTS AGAINST A REEVE [_Court Rolls_, 179, 4, _m._ 1d.], 1278.[132]

_Elton._--St. Clement's Day.[133] Michael the Reeve complains of Richer son of Jocelin and Richard the Reeve and his wife that when he was in the churchyard of Elton on the Sunday next before the feast of All Saints[134] in this year, there came the aforesaid Richer, Richard and his wife and insulted him with vile words before the whole parish, charging him with having collected his own hay by the labour services due to the lord the Abbot [of Ramsey], and with having reaped his own corn in autumn by the boon-works done by the Abbot's customary tenants, and with having ploughed his land in Everesholmfeld with ploughs "booned" from the town, and with having released to the customary tenants their works and carryings on condition that they demised and leased their lands to him at a low price, and with having taken gifts from the rich tenants that they should not become tenants at a money rent, and with having put the poor tenants at a money rent.[135] And the aforesaid Richard and Richer are present and deny, etc. and ask for an enquiry by twelve jurors. Who come and say that the said Michael is guilty of none of the charges. Therefore the said Richard and Richer shall satisfy him, and for the trespass shall be in mercy; Richard's fine, 2s., pledge William son of James; Richer's fine, 12d., pledge, Jocelin. And the damages are taxed at 10s. to be received from Richard the Reeve, which sum Michael has released except 2s.

[Footnote 132: Printed in Selden Society Publications, II., 95.]

[Footnote 133: November 23.]

[Footnote 134: November 1.]

[Footnote 135: The commutation of services for rent was not always popular.]

10. AN EVICTION FROM COPYHOLD LAND [_Chancery Proceedings, Early_, 16, 376], _temp._ Henry IV-Henry VI.

To the most reverend father in God, the Archbishop of Canterbury, Chancellor of England.

Beseecheth lowly your poor bedefolks, Elizabeth Baroun, Harry Baroun and Richard Baroun, which be the King's tenants, that whereas the said Elizabeth was possessed and seised of a messuage and 4 acres of land in the town of Great Hormead in the shire of Hertford, and the said messuage and land held to her and to her heirs at the will of my lord of Oxford as of his manor of Hormead in the same shire by copy of court roll after the custom of the said manor, there hath one Harry Edmond, farmer of the said manor, without cause reasonable and contrary to the custom of the said manor, entered in the said messuage and land and put out the said Elizabeth, and certain goods and chattels of the said Elizabeth, Harry and Richard, to the value of 40 marks in the said house being, seized, and it withholdeth, and over that the said Harry Edmond with his adherents daily lie in wait to beat and slay the said Harry and Richard, your beseechers, so that they dare not well abide in their houses neither go about their husbandry, to their uttermost destruction and undoing for ever, without succour of your gracious lordship: Please your good grace to consider the premises and that your said beseechers have no remedy at the Common Law, to grant a writ directed to the said Harry Edmond, commanding him to appear before you at a certain day upon a certain pain by you to be limited, to be examined of the premises, and thereupon to do that good faith and conscience require, and that for the love of God and in way of charity.

* * * * *

This is the answer of Harry Edmond to the bill of Elizabeth Baron, Harry Baron and Richard Baron, in the Chancery.

First, whereas it is surmised by the said Elizabeth that she was possessed and seised of a messuage and four acres of land in the town of Great Hormead in the shire of Hertford, and the said messuage and land held to her and to her heirs at the will of my lord of Oxford as of his manor of Hormead in the same shire by copy of court roll after the custom of the said manor, and that the said Harry Edmond, farmer of the same manor, without cause reasonable and contrary to the custom of the said manor, entered into the said messuage and land and put out the said Elizabeth: The said Harry saith that the said messuage and land be holden of my said lord of Oxford bondly at the will of my said lord as of his said manor by the services of three shillings and halfpenny of yearly rent and by a certain service called the common fine, as it falleth more or less after the entries and ... of the tenants of the said manor by the custom of the said manor, by cause whereof the said Harry with one Thomas Denys, under-steward of the court of the said manor, by the commandment of my said lord of Oxford entered into the said messuage and land, after which entry my said lord let the said messuage and land to the said Harry for term of years, by virtue of which lease he [entered] the said messuage and land, as lawful is for him, which matter the said Harry is ready to prove as this Court will [award], and prayeth as for that to be dismissed out of this Court.

[And as for t]he seizing and withholding of certain goods and chattels of the said Elizabeth, Harry Baron and Richard, to the value of [40 marks, as is sur]mised by the said bill, the said Harry Edmond saith that the seizing and withholding of the said goods and chattels is a matter determinable at the Common Law, and not in this Court of the Chancery. Wherefore as for that he prayeth to be dismissed out of this Court.

And as for the declaration of the said Harry as for the said goods and chattels, the said Harry saith that he never seized nor withheld the said goods and chattels neither no parcel thereof, as it is surmised by the said bill, which matter the said Harry Edmond is ready to prove as the Court will award, if the Court rule him thereto.

And as for the lying in await surmised by the said bill the said Harry Edmond saith that the said lying in await is matter determinable by the Common Law and not in this Court of the Chancery, wherefore as for that matter he prayeth to be dismissed out of this Court of the Chancery. But, for the declaration of the said Harry Edmond in that matter, the said Harry Edmond saith that he never lay in await neither to beat nor to slay the said Harry Baron nor the said Richard, as they surmise by their said bill, which matter the said Harry Edmond is ready to prove as this Court will award, if the said Court will rule him thereto.[136]

[Footnote 136: This case illustrates first, the protection coming to be given by Chancery to villein or customary tenure, and second, the growing desire of lords to substitute leasehold for copyhold, a process which began at least as early as the beginning of the fourteenth century; see No. 7 above, and Part II., Section I.; _cf._ also Savine, in E.H.R. xvii., 296.]

11. STATUTE OF MERTON, C. 4 [_Statutes of the Realm, Vol. I, p. 2_], 1235-6.

Also, because many great men of England, who have enfeoffed their knights and freeholders of small tenements in their great manors, have complained that they cannot make their profit of the residue of their manors, as of wastes, woods, and pastures, though the same feoffees have sufficient pasture, as much as belongs to their tenements: it is thus provided and granted, that when any persons so enfeoffed bring an assize of novel disseisin touching their common of pasture, and it is acknowledged before the justices that they have as much pasture as suffices for their tenements, and that they have free entry and issue from their tenements into their pasture, then they shall be content therewith; and they of whom they had complained shall go quit of the profit which they have made of the lands, wastes, woods, and pastures; and if they allege that they have not sufficient pasture, or sufficient entry and issue as belongs to their tenements, then the truth shall be inquired by assize; and if it be acknowledged by the assize that their entry or issue is in any way hindered by the same [deforcers] or that they have not sufficient pasture and sufficient entry and issue, as is aforesaid, then shall they recover their seisin by view of the jurors: so that by their discretion and oath, the plaintiffs shall have sufficient pasture and sufficient entry and issue in form aforesaid, and the disseisors shall be in the mercy of the lord the King, and shall yield damages, as they ought to have rendered before this provision. And if it be acknowledged by the assize that the plaintiffs have sufficient pasture with free and sufficient entry and issue, as is aforesaid, then the others may make their profit lawfully of the residue, and go quit of that assize.

12. AN ENCLOSURE ALLOWED [_Bracton's Note-Book_, III, 212, _No._ 1198], 1236-7.

The assize comes to recognise if Elias of Leyburn unjustly etc. disseised Wymar of Leyburn of common of his pasture pertaining to his free tenement in the same town of Leyburn after, etc.[137]

And Elias comes and says that an assize ought not to be made thereof because that pasture belonged to five lords, and a covenant was made between the lords that each should make his profit of his part, and by this covenant he caused his part to be tilled, and thereof he put himself on a jury.

The jurors say that the wood was at one time common, in such wise that there were five sharers who had the wood common, and afterwards by their consent a partition was made between them that each should have his part in severalty, and it was granted that each might assart[138] his part and grow corn, saving however to each of them common of herbage after the corn was carried, and most of them assarted their part, but the wood whereof complaint is made was not then assarted, and because he to whom the wood pertains has now assarted a part, the said Wymar has brought a writ of _novel disseisin_. But because it is acknowledged that the wood was thus partitioned among the sharers, it is decided that the aforesaid Elias has not disseised him, and so Elias is dismissed _sine die_ and Wymar is in mercy. And it shall be lawful for each sharer to assart his wood, saving to each of them common of his pasture after the corn and hay is carried.

[Footnote 137: _sc._ The King's last return from Brittany.]

[Footnote 138: Bring into cultivation.]

13. AN ENCLOSURE DISALLOWED [_Bracton's Note-Book_, III, 211, _No._ 1196], 1236-7

The assize comes to recognise if Robert de Fislake unjustly etc. raised a dyke in Woodhouse to the injury of the free tenement of Adam de Bladewrthe in the same town after etc.[139] Whereon Adam complains that Robert caused to be enclosed a meadow lying near his land, in which he ought to have common of herbage after hay-carrying, and that it ought to lie to pasture every third year with the fallow, wherefore he says that the dyke is to his injury and puts himself on a jury thereof. And Robert does the like.

The jurors say that the aforesaid Adam always used to have common in that meadow and in the land of Robert by that meadow after the corn and hay were carried, and when the land lay fallow, then in both meadow and fallow, and Robert caused the meadow to be enclosed so that Adam can have no entry to that pasture. And so it is awarded that the dyke be thrown down, and the meadow made as it should be, so that the aforesaid Adam have entry and issue, and that Robert be in mercy, etc.

[Footnote 139: _sc._ The king's last return from Brittany.]

14. A VILLEIN ON ANCIENT DEMESNE DISMISSED TO HIS LORD'S COURT [_Bracton's Note-Book_, III, 65. _No._ 1030], 1224.

The assize comes to recognise if Bartholomew son of Eustace unjustly and without a judgment disseised William son of Henry of his free tenement in Pilton after the last, etc. And Bartholomew comes and says that the assize ought not to be made thereof because the said William held the tenement only in villeinage, and is his villein, and does for him all customs such as ploughings and others, and says further that he cannot marry his daughter save by his lord's licence etc.

And William son of Henry comes and says that he is a free man and that he holds his tenement freely and that at another time he impleaded in the court of the lord the King as a free man touching the aforesaid tenement, to wit, touching the services and the like, and thereof he brings the rolls of Sir Martin de Patteshull to warrant and likewise a writ which the same Martin wrote with his own hand, which also was sent to the sheriff of Rutland for the same plea, and the sheriff's clerk has shown him the writ, etc. A day is given to hear his judgment on such a day, etc.

On the day the court records at Westminster that the same William in the time of King John was convicted at Bedford of owing villein customs from that tenement, such as ploughing, reaping and many others at his own food, and of being unable to marry his daughter or sister without licence of his lord. And so it is decided that the assize of _novel disseisin_ does not lie because the tenement is not free, and so William is in mercy. And if he will, let him plead in the manor by writ of right.

15. CLAIM TO BE ON ANCIENT DEMESNE DEFEATED [_Bracton's Note-Book_, III, 250, _No._ 1237], 1237-8.

The men of the Prior and convent of St. Swithin of Crondall, Hurstbourne and Whitchurch, complained to the lord the King that whereas they had been granted to the same Prior and convent and their church in pure and perpetual alms by the ancestors of the lord the King, the Prior and convent demanded of them other customs and services than they used to do in the times in which they were in the hands of the aforesaid predecessors, etc.

And Oliver the Steward and Horder come and say that they demand no other services than the men used and ought to do, and that the lands were never in the hands of the ancestors of the lord the King, because two hundred years before the conquest of England they were given to the Prior and Convent of St. Swithin and by others than Kings, to wit, earls and others, etc., and then they owed and used to do whatever was commanded them. But in process of time, when the priory was well nigh destroyed by one Abbot Robert,[140] bishop Richard came and for the profit of the Prior and convent disposed of their lands and manors in such wise that he caused an inventory to be made of the holdings and of the names of the tenants and their services, as well tenants in villeinage as in frank fee, and so that he demanded no other services than they did then and were then set forth in the inventory. Afterwards however when the lands were in the hand of farmers at one time and at one time in the hand of the aforesaid villeins for forty years,[141] the farmers remitted to them certain services and customs for money. And when the lands were in the hand of the aforesaid villeins they detained and withheld the rent to the sum of 60s. and more, and also a great amount of corn, and withheld a great amount of the lands contrary to the aforesaid enrolment made by the aforesaid bishop Richard. And because the aforesaid men acknowledge that they are villeins, as is aforesaid, and because they cannot deny these things, they are told to do to the Prior and convent the services and customs which they used to do. And the lord the King will not meddle with them since they were never in the hand of him or his ancestors, etc.

[Footnote 140: 1174-1188.]

[Footnote 141: For a similar lease to tenants see No. 5.]

16. THE LITTLE WRIT OF RIGHT [_Court Rolls_, 172, 27], 1390.

Richard by the grace of God King of England and France and Lord of Ireland to the bailiffs of Anne, Queen of England, our beloved Consort, of Havering atte Bower, greeting. We command you that without delay and according to the custom of the manor of Havering atte Bower you do (_teneatis_) full right to John de Lancastre of Hatfield Broadoak touching 40s. of rent with the appurtenances in Havering atte Bower, of which John Organ, citizen and mercer of London, and Margery his wife deforce him; that we may hear no further complaint thereof for default of right. Witness myself at Westminster the 30th day of January in the thirteenth year of our reign.

17. VILLEINAGE ESTABLISHED [_Bracton's Note-Book_, III, 119, _No._ 1103], 1225.

A jury comes by consent of the parties [to recognise] whether William son of Henry and his ancestors held two parts of a bovate of land with the appurtenances in Pilton in villeinage of the ancestors of Bartholomew son of Eustace, doing these underwritten customs, to wit, 3s. 4d. a year of farm, and at Christmas 4 hens, and at the summons of Bartholomew, between Christmas and the Purification, one feast, and whether in Lent he ought to plough for one day at his own food, and to harrow for one day at his own food, and on Easter day to give 20 eggs, and in summer to plough for one day at the dinner of Bartholomew,[142] to reap for one day at the food of Bartholomew, to wit, twice a day, and for one day to carry his hay at the food of the same Bartholomew, and in autumn to do boon-work for Bartholomew, with his whole household except his wife, and for Bartholomew's loveboon to find a man at his own food, and in winter to plough for one day at Bartholomew's dinner, and whether, if he wish to marry his daughter or his sister, he shall make fine with Bartholomew as best he may; or whether William or his ancestors have held the land freely, rendering 3s. 4d. a year and doing foreign service for all service, etc.

The jurors say that the same William and his ancestors used and ought to do all the aforesaid customs which Bartholomew demands, to wit, from 1 bovate of land with the appurtenances, except that on Christmas day when he renders hens he ought to eat with Bartholomew on the same day, and furthermore that they never saw him sell a daughter or sister or give merchet or marry, but have seen that Bartholomew sold to Ralph Cayllard John, brother of William by the same father and mother, for 40s., and the same Ralph did with him his will.

And so it is awarded that William is convicted of villeinage, and if he will do the aforesaid customs, let him hold the bovate of land by the same customs, but if not, let Bartholomew do his will with the land and with William as with his villein, and let him be delivered to him.

[Footnote 142: _i.e._ Bartholomew providing dinner.]

18. FREEDOM AND FREEHOLD ESTABLISHED [_Bracton's Note-Book_, III, 224, _No._ 1210], 1236-7.

The assize comes to recognise if Thomas de Sumerdeby and many others disseised Roger Gladewine of his free tenement in Spitelgate after etc.,[143] whereof he complains that they disseised him of 2-1/2 acres and a toft.

And Thomas and the others come and say that the same Roger is a villein and the tenement whereof view is made is villeinage, and thereof they put themselves on a jury. And Roger says that he is a free man and the tenement is free, and that his ancestors were free men and held freely, and thereof he puts himself on a jury.

The jurors say that the aforesaid Roger holds his tenement in the same town by 2s. a year and by two works in autumn at his lord's food, and he shall give two hens at Christmas and eat with his lord. And questioned if he or any of his ancestors had given merchet for marrying his daughter, they say, No. Questioned if he had ever been tallaged, they say, No. And the aforesaid Thomas, questioned if others of his fee do other villein services, he says that others do all manner of villein services. And because he does no service save the aforesaid money payment and the services named, nor gives merchet for a daughter, nor is tallaged, therefore it is awarded that he held freely and that he recover his seisin, and Thomas and the others are in mercy.

[Footnote 143: _sc_. The King's last return from Brittany.]

19. A VILLEIN PLEADS VILLEINAGE ON ONE OCCASION AND DENIES IT ON ANOTHER [_Bracton's Note-Book_, III, 364, _No._ 1411], 1220.

Hamelin son of Ralph was attached to answer Hugh de Gundevill wherefore he brought an assize of _novel disseisin_ against the aforesaid Hugh, his lord, touching a tenement in Pinpre, inasmuch as he is a villein and acknowledged himself to be the villein of the aforesaid Hugh's father in the time of the lord King John, etc. before the justices in eyre at Sherborne, as the same Hugh says, and thereon shows that Simon de Patteshull, Eustace de Faucumberge and others their fellows were then justices. And that Thomas acknowledged himself to be his father's villein, as is aforesaid, he puts himself on the record of the court and on the rolls, etc.

And Hamelin comes and denies that he is a villein or ever acknowledged himself to be a villein in the court of the lord the King, as Hugh says, and thereof puts himself in like manner on the record of the court. But he will speak the truth. He says that at that time, to wit, in the eyre of the justices, he held certain land in villeinage which he had bought, and then acknowledged that the land was villeinage, and specifically denies that he ever acknowledged himself to be a villein. The rolls of the eyre are searched, and there it is recorded that one Osbert Crede brought an assize of _mort d'ancestor_ in respect of the death of Henry his brother against Hamelin touching a carucate of land with the appurtenances in Pinpre, in such wise that Hamelin answered against the assize that it ought not to proceed because he could not gain or lose that land, because he was the villein of Hugh de Gundevill, father of the aforesaid Hugh. And this was found in many rolls, and when Hamelin should have had his judgment, he absented himself and withdrew without licence, whereupon the sheriff was ordered to have his body on such a day, etc., to hear his judgment thereof, etc. And on that day he came not, and the sheriff reported that he had withdrawn himself and could not be found, wherefore the sheriff was ordered to take the whole of Hamelin's land into the hand of the lord the King, and to keep it safely, etc., because Hamelin withdrew himself and would not stand to right touching Hugh's complaint of him, and to certify the justices of what he should do thereof on such a day etc. On that day Hamelin came not and the sheriff reported that he had taken his land into the hand of the lord the King.

And because the court records that Hamelin acknowledged himself to be a villein, and Hugh afterwards by the aforesaid assize of _novel disseisin_ lost his land, it is decided that Hugh recover seisin of that land whereon the assize was taken, and that he have Hamelin as his villein convicted, and that the assize of _novel disseisin_ which was taken thereof be held void, and that Hugh be quit of the mercy wherein he was put for that disseisin. And the sheriff is ordered to make diligent enquiry who were the jurors of that assize and to have them on such a day, etc., to hear the judgment on them for the oath which they made thereof. And if Hamelin held any tenement of Hugh, let Hugh do therewith as with his own, etc.

20. AN ASSIZE ALLOWED TO A VILLEIN [_Bracton's Note-Book_, III, 527, _No._ 1681], 1225.

The justices in eyre in the county of Essex were ordered to take a grand assize between Thomas of Woodford, claimant, and John de la Hille, tenant, of a virgate and a half of land with the appurtenances in Woodford. And the said John and Thomas came before the justices at Chelmsford and offered themselves, and the bailiff of the Abbot of Waltham came and said both claimant and tenant were villeins, and the tenement was the Abbot's villeinage and therefore the assize thereof ought not to proceed. He was questioned by the tenant whether the latter was a villein or not, and he said Yes, asserting that the said tenement was the Abbot's villeinage.

And Thomas comes [and says] that this ought not to hurt him, because when he impleaded the aforesaid John in the court of the lord Abbot by writ of the lord the King, no mention was made by the Abbot nor by John that the tenement was villeinage nor that John was a villein, but because the Abbot failed to do him right in his court, Thomas went to the county court and complained in the county court that the lord Abbot had failed to do him right in his court, and the Abbot, summoned hereon, came not, and the suit proceeded so far in the county court that the tenant asked and obtained view of the land. Afterwards he put himself on a grand assize as to which of the two had greater right in the aforesaid land without any challenge of villeinage being made on the part of the Abbot or of John. And this he sought to be allowed him.

And the Abbot's bailiff comes and denies the whole, as the court of the lord the King should award. And he said that unknown to the Abbot and without his court failing to do Thomas right, the suit was taken away to the county court, and this he asked to be allowed him. And owing to the doubt a day was given to the parties at Westminster, etc. And because the Abbot permitted John to be impleaded in his court first and in the county court afterwards until he put himself on a grand assize, the Abbot not having lodged the claim which he should have made, it is awarded that the assize proceed.

21. A FREEMAN HOLDING IN VILLEINAGE [_Bracton's Note-Book_, II, 233, _No._ 281], 1228.

William de Bissopestun, William de Ludington and Geoffrey de Cherlescote, knights, whom the lord the King appointed as justices to take an assize of _novel disseisin_ which Thomas son of Adam arraigned against Ralph, Prior of Stiffleppe, and many others, of a tenement in Aldrestun, [were summoned] to make a record of that assize before the justices at Westminster, and to certify the same justices how far the process in the same assize was carried, and the same Thomas was summoned to hear that record. And William and Geoffrey come and record that the assize came to recognise before them if the aforesaid Prior and Thomas son of Payn and Gilbert son of Henry [and] Osmar le Bracur unjustly and without a judgment and after the last, etc., disseised the aforesaid Thomas son of Adam of his free tenement in Aldredestun. And the Prior came before them, and, being asked if he wished to say anything against the assize, said that the assize ought not to be made thereof, because the same tenement was his villeinage, and the same Thomas was his villein and owed villein customs as did all others of the aforesaid manor, such as ploughings and reapings, and he could not marry his daughter as a freeman could.

And Thomas acknowledged that he owed certain customs at the Prior's food, and that he owed him a rent and a fixed fine for his daughter, and said that he was a free man and held freely of the Prior, and thereof put himself on a jury. And hereon a jury was taken and the jurors said that they (the aforesaid Prior and others) disseised him of his free tenement, and after the term,[144] and the damage was taxed and estimated at two marks.

And the Prior says that in part their record is correct, but they say too little, because the jurors said that Thomas ought to give 12d. for marrying his daughter, and owed many other customs; and he and his fellows sought respite that they might have the opinion of Sir Robert de Lexinton whether this was a free tenement from which they know what the tenant ought to do and what not; and they could have no respite.

And the justices deny all this, and say that the jurors said nothing of the 12d.[145] And so it was awarded that the justices made a right judgment, and so they are quit thereof; and let the Prior be in mercy, and proceed further against Thomas if he will.[146]

[Footnote 144: _i.e._ And after the king's last return from Brittany.]

[Footnote 145: 2d. in the text.]

[Footnote 146: On this case Bracton's comment runs: "Note the exception opposed that the complainant was a villein because he did villein services and customs, but fixed, and knew well what and how much. Answer, that though he did villein customs, he was free as to his body. And he did fixed customs and services, a thing which a villein holding villeinage cannot do."]

22. LAND HELD BY CHARTER RECOVERED FROM THE LORD [_Bracton's Note-Book_, III, 622, _No._ 1814], 1227.

The assize comes to recognise if William de Sufford and Reynold de Sufford unjustly etc. disseised William the Tailor of his free tenement in Lodenes after the last, etc. And William comes and grants the assize, and Reynold comes not, and it is not known who he is, etc.

The jurors say that the father of the aforesaid William the Tailor was a villein of Roger, father of the aforesaid William de Sufford, and he held of him in villeinage all his life, and after his death Roger came and gave to William the Tailor a messuage and an acre and a rood of land to hold freely for a mark which William the Tailor gave to him, so that he should hold the land for 8d. a year and for foreign service, and so William the Tailor held the land and messuage the whole of Roger's life, and after his decease William the Tailor came to the aforesaid William de Sufford and to his mother and gave them 5s. to hold the land as he held it before, and so held it until William de Sufford unjustly disseised him. And so it is awarded that William the Tailor recover his seisin, etc.[147]

[Footnote 147: On this case Bracton's comment runs: "Note that a villein's son recovered by assize of novel disseisin land which his father held in villeinage, because the villein's lord gave it to the son by charter, even without manumission."]

23. THE MANUMISSION OF A VILLEIN [_Ancient Deeds_, A 10279], 1334.

Be it manifest to all by these presents that we, brother Robert, Abbot of Stoneleigh, and the convent of the same place, have granted for us and our successors that Geoffrey son of the late William Austyn of Wottonhull be free of his body with all his brood and his chattels hereafter for ever; so that neither we nor our successors shall be able to demand or claim anything in him or his brood or his chattels, but by these presents we are wholly excluded. In witness whereof we have put our seal to these presents. Given at Stonle on Monday next after the feast of the Purification of the Blessed Virgin Mary[148] in the eighth year of the reign of King Edward the third after the conquest.

[Footnote 148: Monday after February 2.]

24. GRANT OF A BONDMAN [_Duchy of Lancaster, Misc. Bks., 8, f._ 81 d.], 1358.

To all who shall see or hear this writing, Geoffrey, by divine permission Abbot of Selby, and the Convent of the same place, greeting in the Lord. Know ye that we, with the unanimous consent of out chapter, have given, granted and by this our present charter confirmed to John de Petreburgh John son of William de Stormesworth, our bondman, with all his brood and all his chattels, so that the aforesaid John with all his brood and all his chattels, as is aforesaid, remain henceforth for ever, in respect of us and our successors, free, at large, and quit of all bond of serfdom, so that neither we nor our successors nor any man in our name shall be able henceforth to demand, claim or have any right or claim or any action in the aforesaid John, his brood or his chattels, by reason of serfdom, villeinage or bondage. In witness whereof our common seal is appended to these presents. Given at Selby in our chapter-house on the 10th day of the month of June, A.D. 1358.

25. IMPRISONMENT OF A GENTLEMAN CLAIMED AS A BONDMAN [_Patent Roll, 25 Henry VI, p. 2, m. 9_], 1447.

The King to all to whom, etc., greeting. Know ye that whereas Humphrey, late duke of Gloucester, lately seised of the manor of Bowcombe in the Isle of Wight in the county of Southampton in his demesne as of fee or at least fee tail, lately, upon undue information given to him, claiming one John Whithorne of the county of Wiltshire, gentleman, to be his bondman belonging to him as it were to the manor aforesaid, caused the same John to be taken by his ministers and servants, and all the lands and tenements of the same John, to wit, 60 messuages, 6 tofts, one dovecote, 600 acres of land, 30 acres of meadow, 6 acres of pasture and 6s. 8d. of rent with the appurtenances in the city of Salisbury, Fisherton Anger, Middle Winterslow and West Winterslow, Woodmanton, Burchalk, Bulbridge, Ugford St. James, Wilton, Foulston, Barford St. Martin, Fonthill Gifford, Sharnton, Ashton Gifford, Babeton, Deptford, Wily, Alderbury and Avon, in the said county of Wilts, to be seized into his hands, and certain goods and chattels of the same John being at Wilton in the said county of Wilts likewise to be taken into his hands, and the same John to be brought to the same late duke's castle of Pembroke in Wales, where the same late duke imprisoned the same John and detained him there in prisons so dire, in a dungeon so obscure and dark, in such great hunger, misery of life, deprivation of food and clothes, and imposition on the same John of imprisonment, duress and divers other hardships and miseries, putting aside and abandoning all pity, for seven years and more, that the same John by occasion thereof has totally lost the sight of his eyes, miserably incurring bodily blindness for the term of his life and other incurable infirmities, as we have learned; which messuages, tofts, dovecote, land, meadow, pasture and rent, by and after the death of the aforesaid late duke, have descended to us as kinsman and heir of the same late duke: And now we, being credibly informed upon the truth of the matter in this behalf, have learned from trustworthy testimony that the aforesaid John has always been and is a freeman and of free condition, never infected with the taint of villeinage, and that all the premises, done and brought upon him so enormously and opprobriously as well in his person as in his tenements and goods and chattels aforesaid, as is aforesaid, were done and perpetrated unduly and unjustly of great malice and insatiable avarice against all conscience: We, duly weighing all and singular the premises, and wishing due reformation of such and so great damages, oppressions, injuries and grievances, to be made and had, as far as in us lies, of our especial grace and of our certain knowledge and mere motion and in true execution and due completion of justice, by the tenour of these presents have deemed fit to remove and in fact by these presents we have removed our hands from the messuages, tofts, dovecote, land, meadow, pasture and rent aforesaid, with the appurtenances and with knights' fees, advowsons of churches and other ecclesiastical benefices whatsoever, franchises, liberties and all other things pertaining or belonging to the same, and by these presents have restored the same John to and into those messuages ... and by these presents we give and grant the same ... with all and all manner of issues ... from the time of the death of the said late duke forthcoming or received, to have and hold those messuages ... to him, his heirs and assigns, of the chief lords of that fee by the services therefrom due and accustomed for ever, as freely, well, entirely, peaceably and quietly as the same John had held or occupied the messuages ... before the seisin aforesaid made by the aforesaid late duke or his servants or ministers.... In witness whereof, etc., Witness the King at Westminster, 16 July.

By the King himself and of the date aforesaid by authority of Parliament.

26. CLAIM TO A VILLEIN [_Early Chancery Proceedings_, 16, 436], _temp._ Henry IV-Henry VI.

To the most reverend father in God, the archbishop of Canterbury, and chancellor of England.

Beseecheth meekly your poor bedeman, John Bishop, that where he late was in his house at Hamble-en-le-Rice in the county of Southampton the 12th day of March last past in God's peace and the King's, there came John Wayte, Richard Newport and John Newport with thirteen other persons in their company arrayed in manner of war, and in full riotous wise in forcible manner there and then entered the house of your said beseecher about midnight, and him lying in his bed took, seized and imprisoned, and his purse with 25s. of money therein and the keys of his coffers from him took and the same coffers opened and 28l. of his money, 2 standing cups of silver gilt, 7 flat pieces of silver, 2 masers, 6 girdles and a baselard harnessed with silver, of the goods and chattels of William Poleyn of the value of 40l. there being in the keeping of your said beseecher, and 5 pieces of kerseys and the stuff of household of your said beseecher to the value of 30l. there found, took and bare away, and him from thence the same night to Sydyngworth led and in horrible strait prison kept by the space of two days, and from thence him carried to a place called Spereshot's place in the same [town] and him there in full strait grievous prison in stocks kept still by the space of five days and other full great wrongs to him did against the peace of the King our sovereign lord to the utter destruction of the body of your said beseecher, which is not of power to sue his remedy by the common law, and importable loss of his goods but if more sooner remedy be had for him in this behalf. Please it your gracious lordship to grant several writs to be directed to the said John Wayte, Richard Newport and John Newport, commanding them to appear before you at a certain day by you to be limited to be examined of these premises and to do and receive what good faith and conscience will in this behalf, and that they moreover by your discretion be compelled to find sufficient surety to keep the King's peace against your said beseecher and against all the King's liege people, at the reverence of God and in the way of charity.

Pledges to prosecute {William Poleyn. {John Grene.

This is the answer of John Wayte to a bill put against him by John Bishop before the King in his Chancery.

The said John Wayte saith by protestation that the said John Bishop is his villein regardant to his manor of Lee in the county of Southampton, and he and his ancestors and all those whose estate John Wayte hath in the same manor have been seised of the said John Bishop and of his ancestors as villeins regardant to the said manor from the time that no mind is, and saving to the said John Wayte and his heirs all manner advantage to seize and claim the same John Bishop and his heirs and their blood, all their lands and tenements, goods and chattels, and all manner other advantage and objections of bondage of and against the said John Bishop and his blood hereafter, by protestation that the said John Wayte is not guilty of no matter contained in the said bill like as by the same bill it is supposed for plea, saith, inasmuch as all the matters of complaint contained in the said bill be matters determinable by the common law of this land in other courts of our sovereign lord the King, and not in this court, asketh judgment and prayeth to be dismissed out of this court after the form of the Statute.

This is the replication of John Bishop unto the answer of John Wayte.

The said John Bishop saith that he is a free man born and of free condition and not bondman of the said John Wayte, and that all the ancestors of the same John Bishop from the time that no mind is have been free men and of free condition, born within the parish of Corfe in the county of Dorset and not within the manor of Lee in the county of Southampton, as by divers true inquisitions hereof taken before certain commissioners by virtue of the king's commission to them directed it plainly appeareth, which commissions and inquisitions remaineth in this place of record; and he saith moreover that the said John Wayte wrongfully by great force hath taken from him his goods and chattels and him grievously imprisoned in the manner and form declared in his bill, and him put to such cost, loss of his good, let of his labour and business, and other great troubles and vexations, that he is so poor and brought to so great misery that he is not of power to sue against the said John Wayte for remedy of the said wrongs by course of the common law of this land. Wherefore, inasmuch as he withsaith not the matter contained in the said bill of complaint of the said John Bishop, he prayeth that the said John Wayte may be compelled by the rule and discretion of this court to restore him of his said goods and to give him sufficient damages and amends for the said trespass to him done.

27. THE EFFECT OF THE BLACK DEATH [_Duchy of Lancaster, Misc. Bks. 8, f. 57d._], 1350.

_Proxy for Parliament._--To his most excellent Prince and Lord, the most reverend Lord Edward, by the grace of God illustrious King of England and France and Lord of Ireland, his most humble chaplain, Geoffrey, Abbot of the Monastery of Selby, in the diocese of York, submission and reverence, with the bond of instant prayer to God. Since we are occupied beyond our strength in supporting the charges incumbent on our monastery, as well because our discreeter and stronger brethren, on whom rested the governance of our house, have gone the way of all flesh through the pestilence, as because our house both in decay of rents and in lack of corn and other victuals is suffering undue disaster, and also being hindered by other unavoidable obstacles, we are unable to be present in person in the instant Parliament to be held on the octave of the Purification of the Blessed Virgin Mary next coming, we make and appoint by these presents our beloved in Christ Sir Thomas de Brayton, clerk, and Hilary de Useflete, and each of them singly, our true and lawful proctors to appear for us in your said Parliament on the said day and place with the continuation and prorogation of the days following; giving and granting to the same and to each of them special command in our name to treat with you and with the rest of the prelates, magnates and chiefs of the said realm, being in the same Parliament, on the arduous and urgent affairs touching you and the estate and good governance of your realm of England and other your lands and lordships, which shall be there treated in common, and to consent to the measures which by God's favour shall be ordained then and there by the common council, and also to do and further all and singular other measures which we could have done in the said Parliament, if we had been present there in person; intending to ratify and approve whatsoever our said proctors or any one of them shall deem fit to be done in the premises in our name. In witness whereof our seal is affixed to these presents. Dated, etc.

28. ACCOUNTS OF THE IRON-WORKS OF SOUTH FRITH BEFORE AND AFTER THE BLACK DEATH [_Ministers' Accounts_, 891, 8 _and_ 9], 1345-6 and 1349-50.

The account of Thomas Judde, receiver of South Frith, from Michaelmas, 19 Edward III, to the morrow of Michaelmas following, 20 Edward III.

* * * * *

_Sale of Wood._--[He answers] also for 188l. 4s. 6d. for wood sold in South Frith by Sir Andrew de Bures, Walter Colpeper, and William Lengleys, in the month of April, as appears in the particulars; and for 18l. 7s. for wood sold there by the same in the month of August, as appears by the particulars; and for 6l. 7s. 5d. for wood blown down by the wind, sold during the time covered by this account, as appears by the particulars indented.

Sum:--212l. 18s. 11d.

* * * * *

_Defect of rent._--In defect of rent of 40 acres of land sometime of Hugh Champion in South Frith, because they are in the hand of the lady and lie waste for lack of a tenant, 13s. 4d. a year; in defect of rent of Thomas Springget for a smithy which lies waste and is not worked, 12d. a year; in defect of rent of a house sometime of Walter le Smyth, because it is pulled down, and it is testified that he has nothing on the lady's fee, 12d. a year.

Sum:--15s. 4d.

* * * * *

The account of Thomas Judde, receiver of South Frith, from Michaelmas, 23 Edward III, to the morrow of Michaelmas following, 24 Edward III, for the whole year.

* * * * *

_Sale of wood._--He answers for 17l. 14d. received for wood thrown down by the wind, as appears by the particulars indented between Walter Colpepyr and the said receiver.

Sum:--17l. 14d.

* * * * *

_Defect of rent._--He accounts in defect of rent of 40 acres sometime of Hugh Campyon, because they are in the hands of the lady and lie waste in the said wood for lack of a tenant, 13s. 4d. a year; further, in defect of rent of Thomas Springet for a smithy in the hand of the lady, as above, 12d.; further, in defect of rent of the house of Walter le Smyth, as above, 12d.; further, in defect of rent of Richard atte Ware, as above, 5s. 7d. for 8 acres 3 roods of land at Bukesworthbrom with other parcels of land there; further, in defect of rent of Thomas Harry for 3 roods of land, as above, 4-1/2d.; further in defect of rent of William Huchon for 6 acres of land, as above, 3s.; further, in defect of rent of Richard Sampson for 19 acres 1 rood of land, as above, 12s. 10d.; further, in defect of rent of Thomas Harry for two smithies, as above, 2s.; further, in defect of rent of Robert le Hore for a house, as above, 7d.; further, in defect of rent of Richard Gambon for a house, as above, 12d.; further, in defect of rent of John Coppynger for a house, as above, 12d.; further, in defect of rent of Richard Sampson for 3 acres of land, as above, 18d.; further, in defect of rent of William atte Sandhelle for 20 acres of land, as above, 13s. 4d.; further, in defect of rent of Richard Sewale for 20 acres of land, as above, 13s. 4d.; further, in defect of rent of William Crowle and Simon de Herst for 36 acres 3 roods of land, as above, 18s. 4-1/2d.; further, in defect of rent of Robert Smale, John Watte, Jordan Odam and William Mowyn, for 23 acres 3 roods of land, as above, 15s. 11d.; further, in defect of rent of Walter Colpeper for 22 acres 3 roods of land, as above, 5s. 8-1/4d.; further, in defect of rent of Walter Mody for 18 acres of land, as above, 9s.

Sum of the ancient defect, 15s. 4d.

New defect through the pestilence this second year.

Sum:--119s. 3-1/4d. Whereof 103s. 11-1/4d. is of new defect by reason of the pestilence.

* * * * *

29. THE PEASANTS' REVOLT [_Assize Roll, 103, mm. 10 & 10d._], 1381.

Pleas in the Isle of Ely before the justices appointed in the county of Cambridge to punish and chastise insurgents and their misdeeds, on Thursday next before the feast of St. Margaret the Virgin,[149] 5 Richard II.

Inquisition taken there on the said Thursday by the oath of John Baker[150] ... who say on their oath that Richard de Leycestre of Ely on Saturday next after the feast of Corpus Christi in the 4th year of the Lord the King that now is, of his own will made insurrection, gathering to himself John Buk of Ely and many other evildoers unknown, and went through the whole town of Ely, commanding that all men, of whatsoever estate, should make insurrection and go with him to destroy divers traitors whom he would name to them on behalf of the lord King Richard and the faithful commons; and hereupon he made divers proclamations seditiously and to the prejudice of the lord the King, whereby the people of the same town of Ely and other townships of the isle aforesaid were greatly disturbed and injured. Further they say that the same Richard [de Leycestre] on Sunday following commanded John Shethere of Ely, Elias Glovere, John Dassh, skinner, John Tylneye, wright, and John Redere of Ely, Thomas Litstere of Ely, Richard Swonn of Ely and John Milnere of Ely and many others of the commons there assembled, that they should go with him to the monastery of Ely to stand with him, while he, in the pulpit of the same monastery, should declare to them and all others the matters to be performed on behalf of King Richard and the commons against traitors and other disloyal men, and this under pain of the burning of their houses and the taking off of their heads; and so the same Richard [de Leycestre] was a notorious leader and assembler feloniously, and committed all the aforesaid acts to the prejudice of the crown of the lord the King. Further they say that the same Richard on Monday next following at Ely, as principal leader and insurgent, with the aforesaid men above named and many others unknown of his fellowship, feloniously broke the prison of the lord Bishop of Ely at Ely and feloniously led away divers felons there imprisoned.

And that the same Richard on the said Monday at Ely feloniously adjudged to death Edmund de Walsyngham, one of the justices of the peace of the lord the King in the county of Cambridge, whereby the said Edmund was then feloniously beheaded and his head set on the pillory there, the same being a pernicious example. And that the same Richard was the principal commander and leader in all the felonies, seditions and other misdeeds committed within the isle at the time aforesaid, etc.

And hereupon the aforesaid Richard was taken by the justices aforesaid and afterwards brought before them and charged and diligently examined touching all the felonies and seditions aforesaid, article by article, in what manner he would acquit himself thereof; and he made no answer thereto but proffered a protection of the lord the King granted to him for the security of his person and his possessions to endure for one year according to the form and effect used in the Chancery of the lord the King; and he says that he does not intend to be annoyed or disquieted touching any presentments made against him by the justices, by virtue of the protection aforesaid, etc. And the aforesaid Richard was asked if he would make any other answer to the premises under the peril incumbent, in that the protection aforesaid is insufficient to acquit him of the premises or of any article of the same. And hereupon the same Richard made no further denial of any of the premises presented against him, but said, "I cannot make further answer, and I hold myself convicted." And because it is clear and plain enough to the aforesaid justices that the same Richard is guilty of all the felonies and seditions aforesaid, as has been found before the same justices in lawful manner, therefore by the discretion of the said justices he was drawn and hanged the same day and year, etc., and [it was adjudged] that his lands and tenements, goods and chattels, should be forfeit to the lord the King, as law requires. And order was made to Ralph atte Wyk, escheator of the lord the King, that he should make due execution thereof forthwith for the lord the King, etc. And it is to be known that it was found before the aforesaid justices that the same Richard has a shop in "le Bocherie" in Ely, which is worth yearly beyond reprises 10s., and chattels to the value of 40 marks, which the same Ralph seized forthwith, etc.

Further the aforesaid jurors say that John Buk of Ely was a fellow of the aforesaid Richard Leycestre all the time of the insurrection and tumult at Ely in the accomplishing of all the felonies, treasons and misdeeds, whereof the said Richard was indicted. And specially that the same John, of his malice, at the time when Edmund de Walsyngham was adjudged to death, feloniously came to him and feloniously snatched a purse of Edmund attached to his tunic containing 42-1/2d., and violently assaulted the said Edmund, dragging him to the place of his beheading, and carried away the said money except 12d. thereof which he gave to John Deye of Willingham, who there feloniously beheaded Edmund, for his labour. And hereupon the aforesaid John Buk was taken and brought forthwith before the aforesaid justices and charged touching the premises article by article, in what manner he will make answer thereto or acquit himself. And he says that as to all the matters touching Edmund de Walsyngham whereof he is charged, he came with many others to see the end of the said Edmund and to hear the cause of his death, and not otherwise, and this by the command of divers of the said commons. And he was asked further by whose command he came there and snatched the purse with the money aforesaid from the said Edmund in the form aforesaid, and he said that he believes it was by command of the devil. And he confessed further how and in what manner he dealt with the aforesaid purse with the money aforesaid, as was found above. And to all other presentments made against him he made no further answer. And because it is clear and plain enough, as well by his own acknowledgment as by lawful finding otherwise, that the same John is guilty of all the felonies and treasons aforesaid, therefore by the discretion of the said justices he was drawn and hanged, etc.; and [it was adjudged] that his lands and tenements, goods and chattels, should be forfeit to the lord the King, as law requires. And order was made to Ralph atte Wyk, escheator of the lord the King, that he should make due execution thereof forthwith for the lord the King, etc., because it was found before the aforesaid justices that he has goods and chattels to the value of 20l., which the same Ralph seized forthwith and made further execution, etc.

* * * * *

[m. 10d.] _Ely._--Adam Clymme was taken as an insurgent traitorously against his allegiance, and because on Saturday next after the feast of Corpus Christi in the 4th year of the reign of King Richard the second after the Conquest, he traitorously with others made insurrection at Ely, feloniously broke and entered the close of Thomas Somenour and there took and carried away divers rolls, estreats of the green wax of the lord the King and the Bishop of Ely, and other muniments touching the Court of the lord the King, and forthwith caused them to be burned there to the prejudice of the crown of the lord the King.

Further that the same Adam on Sunday and Monday next following caused to be proclaimed there that no man of law or other officer in the execution of duty should escape without beheading.

Further that the same Adam the day and year aforesaid at the time of the insurrection was always wandering armed with arms displayed, bearing a standard, to assemble insurgents, commanding that no man of whatsoever condition he were, free or bond, should obey his lord to do any services or customs, under pain of beheading, otherwise than he should declare to them on behalf of the Great Fellowship. And so he traitorously took upon him royal power. And he came, brought by the sheriff, and was charged before the aforesaid justices touching the premises, in what manner he would acquit himself thereof. And he says that he is not guilty of the premises imputed to him or of any of the premises, and hereof puts himself on the country, etc. And forthwith a jury is made thereon for the lord the King by twelve [good and lawful men] etc., who being chosen hereto, tried and sworn, say on their oath that the aforesaid Adam is guilty of all the articles. By the discretion of the justices the same Adam is drawn and hanged, etc. And it was found there that the same Adam has in the town aforesaid chattels to the value of 32s., which Ralph atte Wyk, escheator of the lord the King, seized forthwith and made further execution for the lord the King, etc.

* * * * *

_Cambridge._--John Shirle of the county of Nottingham was taken because it was found that he was a vagabond in divers counties the whole time of the disturbance, insurrection and tumult, carrying lies and worthless talk from district to district whereby the peace of the lord the King could be speedily broken and the people disquieted and disturbed; and among other dangerous words, to wit, after the proclamation of the peace of the lord the King made the day and year aforesaid, the assigns[151] of the lord the King being in the town and sitting, he said in a tavern in Bridge Street, Cambridge, where many were assembled to listen to his news and worthless talk, that the stewards of the lord the King, the justices and many other officers and ministers of the King were more worthy to be drawn and hanged and to suffer other lawful pains and torments, than John Balle, chaplain, a traitor and felon lawfully convicted; for he said that he was condemned to death falsely, unjustly and for envy by the said ministers with the King's assent, because he was a true and good man, prophesying things useful to the commons of the realm and telling of wrongs and oppressions done to the people by the King and the ministers aforesaid; and his death shall not go unpunished but within a short space he would well reward both the King and his officers and ministers aforesaid; which sayings and threats redound to the prejudice of the crown of the lord the King and the contempt and manifest disquiet of the people. And hereupon the aforesaid John Shirle was brought forthwith by the sheriff before the aforesaid assigns in Cambridge castle, and was charged touching the premises and diligently examined as well touching his conversation as touching his tarrying and his estate, and the same being acknowledged by him before the aforesaid assigns, his evil behaviour and condition is plainly manifest and clear. And hereupon trustworthy witnesses at that time in his presence, when the aforesaid lies, evil words, threats and worthless talk were spoken by him, were asked for, and they being sworn to speak the truth in this behalf, testify that all the aforesaid words imputed to him were truly spoken by him; and he, again examined, did not deny the premises imputed to him. Therefore by the discretion of the said assigns he was hanged; and order was made to the escheator to enquire diligently of his lands and tenements, goods and chattels, and to make due execution thereof for the lord the King.

[Footnote 149: July 20.]

[Footnote 150: And eleven others.]

[Footnote 151: _i.e._ The justices assigned.]

SECTION V

TOWNS AND GILDS

1. Payments made to the crown by gilds in the twelfth century, 1179-80--2. Charter of liberties to the borough of Tewkesbury, 1314--3. Charter of liberties to the borough of Gloucester, 1227--4. Dispute between towns touching the payment of toll, 1222--5. Dispute with a lord touching a gild merchant, 1223-4--6. The affiliation of boroughs, 1227--7. Bondman received in a borough, 1237-8--8. An intermunicipal agreement in respect of toll, 1239--9. Enforcement of charter granting freedom from toll, 1416--10. Licence for an alien to be of the gild merchant of London, 1252--11. Dispute between a gild merchant and an abbot, 1304--12. Complaints of the men of Leicester against the lord, 1322--13. Grant of pavage to the lord of a town, 1328--14. Misappropriation of the tolls levied for pavage, 1336--15. Ordinances of the White Tawyers of London, 1346--16. Dispute between Masters and Journeymen, 1396--17. Ordinances of the Dyers of Bristol, 1407--18. Incorporation of the Haberdashers of London, 1448--19. Indenture of Apprenticeship, 1459--20. A runaway apprentice, _c._ 1425--21. Incorporation of a gild for religious and charitable uses, 1447.

The origin and early development of towns, the emergence of gild merchant and craft gild, the mutual relationship of the two types of gild, and the part played by each in the evolution of municipal self-government, present problems to which there is no simple solution. The undoubtedly military object of many of the Saxon boroughs fails to explain their economic development; while the possession of a market did not lead of necessity to self-government. Often, indeed, there is little economic difference between a large manor and a small town; the towns pursued agriculture, and the manors engaged in industry. None the less the early borough, with its court co-ordinate with the hundred court, its special peace, and its market, stands out at the time of the Conquest as a distinct variety of _communitas_, and easily became a centre of specialised industry and privileged association. Constitutional and economic growth proceed side by side; a measure of liberty encourages commercial progress, and the profits of trade purchase a larger measure of liberty.

In this section an attempt has been made to illustrate the gradual expansion of the economic life of the town from the twelfth century onwards. The twelfth and thirteenth centuries witnessed a great and growing activity; craft gilds and gilds merchant were arising everywhere, and whether licensed or unlicensed, were paying considerable sums to the crown for privileges bought or usurped, (No. 1). The more important boroughs were securing charters from their lords (Nos. 2 and 3), while smaller towns were struggling to win economic freedom, that is to say, local monopoly, against serious obstacles (No. 5). The fate of a town depended much on the lord; the king's boroughs were more favoured than those of an earl or lesser baron, while the latter fared better than towns in the hands of a prelate (Nos. 11 and 12). The exaction of tolls and the claim to exemption from tolls, which prove the existence of considerable intermunicipal trade, were a common cause of litigation. The grant of incompatible privileges to rival communities was a source of profit to the mediæval monarchy; the crown secured payment in hand for the charters, and reaped the benefit of the inevitable dispute that followed (Nos. 4 and 8). The growth of intercourse is further shown by that curious feature of early borough development, the affiliation of distinct groups of towns (No. 6). Nos. 7 and 10 illustrate the coveted privileges of the freedom of a city or borough, and No. 9 the machinery by which a citizen protected himself if his liberty were infringed in another town. The character of tolls imposed by a town for municipal purposes and the possibility of corrupt collectors are shown in Nos. 13 and 14. The specialisation of industry is naturally followed by a differentiation of function, a process which develops normally in the fourteenth century and attains a certain rigidity in the fifteenth. Crafts begin to close their ranks, to lay down elaborate rules of membership, of the conduct of business and the methods of manufacture, to secure incorporation, and to strengthen their hands by establishing disciplinary precedents in relation to the journeymen and apprentices. The competition of the unskilled outsider is suppressed and apprenticeship insisted on (Nos. 15 and 17), the journeyman is restrained (No. 16), and the crafts establish a wide control over the conditions of labour (No. 18). No. 19 is a characteristic indenture of apprenticeship; No. 20 illustrates the tendency to invoke the central authority, which grows in force during the fifteenth century and culminates in the direct control exercised by the Chancellor over gild ordinances in the sixteenth century; while No. 21 is an example of the social religious gild, which was one of the mediæval methods of anticipating the poor law.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:--Madox, _Firma Burgi_; Maitland, _Township and Burgh_; Merewether & Stephens, _History of the Boroughs_; Ballard, _British Borough Charters_; Bateson, _Borough Customs_(Selden Society); Gross, _The Gild Merchant_; Gross, _The Affiliation of Boroughs_ (Antiquary, XII.); Drinkwater, _Merchant Gild of Shrewsbury_(Salop Archæol. Transactions, N.S. II.); Unwin, _The Gilds and Companies of London_; Unwin, _Industrial Organisation in the sixteenth and seventeenth centuries_; Green, _Town Life in the Fifteenth Century_; Toulmin Smith, _English Gilds_ (Early English Text Society); Davies, _History of Southampton_; Hibbert, _Influence and Development of English Gilds_; Hudson, _Leet Jurisdiction in the City of Norwich_; Leonard, _Early History of English Poor Law Relief_; Denton, _England in the Fifteenth Century_.

For contemporary records the student may be referred to the following:--Riley, _Memorials of London and London Life_; Riley, _Liber Albus_; Sharpe, _Calendars of Letter Books_; Stevenson, _Records of the Borough of Nottingham_; Bateson, _Records of the Borough of Leicester_; _Court Leet of the City of Norwich_ (Selden Society); Bickley, _The Little Red Book of Bristol_; _Rotuli Cartarum_(Record Commission); and the _Calendars of Patent, Close and Charter Rolls_(Record Office Publications).

1. PAYMENTS MADE TO THE CROWN BY GILDS IN THE TWELFTH CENTURY [_Pipe Roll, 26 Henry II_], 1179-80.

The weavers of Oxford render account of 6l. for their gild. They have delivered it into the treasury.

And they are quit.

The corvesers of Oxford render account of 15s. for an ounce of gold for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of Huntingdon render account of 40s. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of Lincoln render account of 6l. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of York render account of 10l. for their gild. They have delivered it into the treasury.

And they are quit.

The same sheriff [of York] renders account of 2 marks from the gild of glovers and curriers. In the treasury is 1 mark.

And they owe 1 mark.

The same sheriff renders account of 20s. from the gild of saddlers for [customs which they exact unjustly]. In the treasury is 10s.

And it owes 10s.

The same sheriff renders account ... of 1 mark from the gild of hosiers by way of mercy ...

And he is quit.

The citizens of Exeter render account of 40l. for the fine of a plea touching gilds. In the treasury are 20l.

And they owe 20l.

The same sheriff [of Devon] renders account ... of 1 mark from the borough of Barnstaple for a gild without warrant....

And he is quit.

The burgesses of Bodmin render account of 100s. for their false statement and for their gild without warrant. In the treasury are 50s.

And they owe 50s.

The same sheriff [of Cornwall] renders account ... of 3 marks from the burgesses of Launceston for their gild without warrant....

And he is quit.

The same sheriff [of Dorset and Somerset] renders account of 6 marks from the borough of Wareham for a gild without warrant. In the treasury are 3 marks.

And it owes 3 marks.

The same sheriff renders account ... of 3 marks from the borough of Dorchester for a gild without warrant. And of 2 marks from the borough of Bridport for the same....

And he is quit.

The same sheriff renders account ... of 20s. from Axbridge for a gild without warrant. And of 1/2 mark from Langport for the same.... And he is quit.

The burgesses of Ilchester [render account of] 20s. for a gild without warrant.

The weavers of Winchester render account of 2 marks of gold for their gild. In the treasury are 12l. for 2 marks of gold.

And they are quit.

The fullers of Winchester render account of 6l. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of Nottingham render account of 40s. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of London render account of 12l. for their gild. They have delivered it into the treasury.

And they are quit.

Amercements of Adulterine Gilds in the City of London.

The gild whereof Goscelin is alderman owes 30 marks.

The gild of pepperers whereof Edward is alderman owes 16 marks.

The gild of St. Lazarus whereof Ralph le Barre is alderman owes 25 marks.

The gild of goldsmiths whereof Ralph Flael is alderman owes 45 marks.

The gild of Bridge whereof Ailwin Finke is alderman owes 15 marks.

The gild of Bridge whereof Robert de Bosco is alderman owes 10 marks.

The gild of Haliwell whereof Henry son of Godric is alderman owes 20s.

The gild of Bridge whereof Walter the Cooper is alderman owes 1 mark.

The gild of strangers (_pelegrinorum_) whereof Warner le Turnur is alderman owes 40s.

The gild of butchers whereof William Lafeite is alderman owes 1 mark.

The gild of clothworkers whereof John Maurus is alderman owes 1 mark.

The gild whereof Odo the Watchman is alderman owes 1 mark.

The gild of Bridge whereof Thomas the Cook is alderman owes 1 mark.

The gild whereof Robert Rochefolet is alderman owes 1 mark.

The gild whereof Hugh Leo is alderman owes 1/2 mark.

The gild whereof William de Haverhill is alderman owes 10 marks.

The gild whereof Thedric Feltrarius is alderman owes 2 marks.

The gild of Bridge whereof Peter son of Alan was alderman owes 15 marks.

The gild whereof John the White is alderman owes 1 mark.

2. CHARTER OF LIBERTIES TO THE BOROUGH OF TEWKESBURY [_Charter Roll, 11 Edward III, m. 10, No.21_], 1314.

Gilbert de Clare, earl of Gloucester and Hertford, to all whom the present letters shall come, greeting. Whereas William and Robert, sometime earls of Gloucester and Hertford,[152] our progenitors, of famous memory, formerly granted and confirmed in turn for them and their heirs by their charters to their burgesses of Tewkesbury and their heirs and successors the liberties below written:

First, that the burgesses of the borough aforesaid should have and hold their burgages in the borough aforesaid by free service, to wit, each of them holding one burgage should have and hold it by the service of 12d. a year to be rendered to the same earls, and if holding more should have and hold each of them by the service of 12d. a year together with the service of doing suit to the court of the same earls of the borough aforesaid from three weeks to three weeks, for all service, so that after the decease of any of the burgesses aforesaid, his heir or heirs should enter the burgage or burgages aforesaid, of what age soever he or they should be, to hold the same quit of relief or heriot.

And to the same burgesses, each of them, that they might sell, pledge or loan to other burgesses their burgage or burgages aforesaid which they had in the same borough by purchase, at their will, without any ransom to be made, so that those burgesses to whom such burgages were sold, pledged or loaned, should show the charters or writings which they had thereof before the steward of the aforesaid earls in the court of the borough.

And if any of them should hold half a burgage, he should hold it with the same liberty with which tenants of a whole burgage should hold and have the same, according to the quantity of his burgage.

And that no burgess of the borough aforesaid should by reason of a burgage or half a burgage be in any wise tallaged or make ransom of blood or be disturbed by reason of the sale of his horse, ox or other his chattels whatsoever, but each of them should employ his merchandise without challenge.

And to the same burgesses, that they might make their wills and lawfully in their wills bequeath at their pleasure their chattels and burgages which they should hold by purchase.

And if it should happen that any of them were impoverished whereby he must sell his burgage, he should first seek from his next hereditary successor before his neighbours three times his necessaries in food and clothing for the poverty of his estate, and if he should refuse to do it for him, it should be lawful for him to sell his burgage at his will for ever without challenge.

And to the same burgesses, that they might make bread for sale in their own oven or that of another, and ale for sale in their own brewhouse or that of another, save that they should keep the royal assize.

And that they might make ovens, drying-houses, hand mills without hindrance of the earls aforesaid or their bailiffs whomsoever.

And that none of them should come without the borough aforesaid by any summons to the hundred of the same earls of the honour of Gloucester in the county aforesaid by reason of their burgages aforesaid.

And if a foreigner, who should not be a burgess nor the son of a burgess, should buy a burgage or half a burgage in the same borough, he should come to the court of the borough aforesaid next following and make his fine for entry and do fealty.

And that all burgesses who should hold a burgage or half a burgage and should sell bread and ale should come once at the Lawday yearly at the Hockday and there be amerced for breach of the assize, if they ought to be amerced, by the presentment of twelve men; so that each burgess should answer for his household (_manupastu_), sons and tenants, unless they should have been attached for any trespass to answer at the day aforesaid.

And to the same burgesses, that they should be quit of toll and of custom within the lordship of the aforesaid earls in the honour of Gloucester and elsewhere in England, according as they used of old; so that no foreigner should buy corn in the borough aforesaid nor put or keep any in a granary beyond eight days, to wit, between the Gules of August[153] and the feast of All Saints[154]; but if he did and were convicted thereof, he should be amerced at the will of the aforesaid earls or their bailiffs; nor after the feast of All Saints or [before] the Gules of August should he buy corn to put and keep in a granary, nor carry any by water without licence of the aforesaid earls or the bailiffs of the borough aforesaid, and he should pay customs.

And that no foreigner should be received by the steward, clerk or any other on behalf of the same earls to be within the liberty aforesaid, unless it were testified by lawful men of the borough aforesaid, that he were good and trusty.

And if any burgess should be out of the borough at the time of summons of the court aforesaid and could not reasonably be forewarned, he should not be amerced for default.

And if any foreigner should be received within the liberty of the borough aforesaid, he should find mainpernors[155] that he would bear himself in good manner and faithfully to the aforesaid earls and their bailiffs, and would be tractable to the commonalty of the borough aforesaid.

And that they, the burgesses, should be bailiffs and catch-polls[156] of that borough as often as they should be elected hereto, at the will of the aforesaid earls, their stewards and bailiffs, and by election of the commonalty of the borough aforesaid from year to year.

And that the burgesses aforesaid should have common pasture for their beasts in the common pasture of the borough aforesaid, according to their burgages which they have in the same borough, as they have been accustomed hitherto.

We, ratifying and approving the gifts and grants aforesaid, grant and confirm them for us and our heirs for ever. These witnesses:--Sirs Bartholomew de Badlesmere, Roger Tyrel, Gilbert of St. Ouen, Giles de Bello Campo, John de Harecourt, Robert de Burs, John Tyrel, knights, Master Richard de Clare, John de Chelmersford, clerks, and others. Given at Rothwell in the county of Northampton, 26 April, 1314, in the seventh year of the reign of King Edward, son of King Edward.[157]

[Footnote 152: _temp._ William I.--Stephen. Note that the privileges here confirmed date from the first century after the Conquest.]

[Footnote 153: August 1.]

[Footnote 154: November 1.]

[Footnote 155: _i.e._. Sureties.]

[Footnote 156: Constables.]

[Footnote 157: Extracted from the charter of confirmation of Edward III.]

3. CHARTER OF LIBERTIES TO THE BOROUGH OF GLOUCESTER [_Charter Roll,11 Henry III, p.1, m. 10_, No. 88], 1227.

Henry, King, etc., greeting. Know ye that we have granted and by this our charter confirmed to our burgesses of Gloucester the whole borough of Gloucester with the appurtenances, to hold of us and our heirs for ever at fee farm, rendering yearly 55l. sterling, as they were wont to render the same, and 10l. by tale of increment of farm, at our Exchequer at the term of Easter and at the term of Michaelmas. We have granted also to our burgesses of Gloucester of the merchants' gild that none of them plead without the walls of the borough of Gloucester touching any plea save pleas of foreign tenures, except our moneyers and ministers. We have granted also to them that none of them suffer trial by battle and that touching pleas pertaining to our crown they may deraign[158] according to the ancient custom of the borough. This also we have granted to them that all burgesses of Gloucester of the merchants' gild be quit of toll and lastage[159] and pontage[160] and stallage[161] within fairs and without and throughout seaports of all our lands on this side the sea and beyond the sea, saving in all things the liberties of the city of London, and that none be judged touching a money penalty save according to the ancient law of the borough which they had in the time of our ancestors, and that they justly have all their lands and tenements and sureties and debts, whosoever owe them, and that right be done them according to the custom of the borough touching their lands and tenures which are within the borough, and that pleas touching all their debts by loans which they have made at Gloucester, and touching sureties made there, be held at Gloucester. And if any man in the whole of our land take toll or custom from the men of Gloucester of the merchants' gild, after he have failed to do right, the sheriff of Gloucester or the provost of Gloucester shall take distress thereon at Gloucester, saving in all things the liberties of the city of London. Furthermore for the repair of the borough we have granted to them that they be all quit of "gyeresyeve"[162] and of "scotale,"[163] if our sheriff or any other bailiff exact "scotale." We have granted to them these aforesaid customs and all other liberties and free customs which they had in the times of our ancestors, when they had them well and freely. And if any customs were unjustly levied in the time of war, they shall be annulled. And whosoever shall come to the borough of Gloucester with his wares, of whatsoever place they be, whether strangers or others, shall come, stay and depart in our safe peace, rendering right customs. And let no man disturb them touching this our charter. And we forbid that any man commit wrong or damage or molestation against them thereon on pain of forfeiture of 10l. to us. Wherefore we will, etc. that the aforesaid burgesses and their heirs have and hold all these things aforesaid in inheritance of us and our heirs well and in peace, freely, quietly and honourably, as is above written. We will also and grant that the same our burgesses of Gloucester elect by the common counsel of the borough two of the more lawful and discreet burgesses of Gloucester and present them to our chief justice at Westminster, which two or one of them shall well and faithfully keep the provostship of the borough and shall not be removed so long as they be of good behaviour in their bailiwick, save by the common counsel of the borough. We will also that in the same borough of Gloucester by the common counsel of the burgesses be elected four of the more lawful and discreet men of the borough to keep the pleas of the crown and other things which pertain to us and our crown in the same borough, and to see that the provosts of that borough justly and lawfully treat as well poor as rich, as the charter[164] of the lord King John, our father, which they have thereon, reasonably testifies. We have granted also to the same burgesses of Gloucester that none of our sheriffs intermeddle with them in aught touching any plea or plaint or occasion or any other thing pertaining to the aforesaid borough, saving to us and our heirs for ever pleas of our crown, which ought to be attached by the same our burgesses until the coming of our justices, as is aforesaid. We have granted also to the same that if any bondman of any man stay in the aforesaid borough and maintain himself therein and be in the merchants' gild and hanse and lot and scot with the same our burgesses for a year and a day without claim, thenceforth he shall not be reclaimed by his lord, but shall abide freely in the same borough. These witnesses:--W. Archbishop of York, W. Bishop of Carlisle, H. de Burgo, etc., W. Earl Warenne, Osbert Giffard, Ralph son of Nicholas, Richard de Argentem, our stewards, Henry de Capella, John de Bassingeburn and others. Dated by the hand [of the venerable father Ralph bishop of Chichester, our Chancellor], at Westminster on the sixth day of April in the eleventh year, etc.

[Footnote 158: Plead _or_ bring evidence.]

[Footnote 159: A toll on the load exacted at fairs and markets, and on the lading of a ship.]

[Footnote 160: Bridge toll.]

[Footnote 161: Tolls for the erection of stalls or booths.]

[Footnote 162: A compulsory annual customary gift.]

[Footnote 163: Compulsory purchase of ale.]

[Footnote 164: Charter Roll, 1 John, m. 2.]

4. DISPUTE TOUCHING THE PAYMENT OF TOLL IN A BOROUGH [_Bracton's Note-Book, II_, 121, No. 145], 1222.

The bailiffs of the city of Lincoln were summoned to answer the burgesses of Beverley wherefore they permit them not to have their liberties which they have by a charter of the lord King John, which liberties they have used hitherto, etc.; whereon the burgesses say that while they came through the middle of the town of Lincoln on their way to the fair of St. Ives, the bailiffs took their pledges and their cloths contrary to their liberty, and that they are injured and suffer damage to the value of 60 marks, and thereof they produce their suit etc. and proffer their charter,[165] which testifies that the King gave to God and St. John and the men of Beverley that they should be free and quit of toll, pontage, passage, pesage, lastage, stallage and wreck and all other such customs, which pertain to the lord the King himself, throughout all the king's land, saving the liberties of London, etc.; wherefore they say that by that charter they always had quittance of the aforesaid customs until the last fair of St. Ives.

And the mayor of Lincoln and Robert son of Eudo, bailiffs of Lincoln, come and deny force and tort, but acknowledge indeed that they took toll from the complainants within their town, and this they could well do, because they have charters of King Henry, grandfather of the lord the King, and of King Richard, by which those kings granted to them all the liberties and free customs which they had of the ancestors of those kings, to wit, King Edward and King William and King Henry the grandfather, throughout the whole land of England, and all the liberties which the citizens of London have, saving to the same citizens of London their liberties; and thereof they put forward their charters[166] which witness the same; wherefore they say that by those charters they have always had the liberty of taking toll in their town and always hitherto were in seisin of that liberty, and they crave judgment if by the charter of the lord King John they ought to lose their liberty granted to them by his ancestors.

And the burgesses of Beverley say that after the charter of the lord King John they never gave toll, nay rather, they were always quit thereof by that charter, and this they offer to prove, etc. or to make defence that they never gave toll; and being asked if before that charter they gave toll, they say, Yes, and crave judgment hereon and offer to the lord the King two palfreys for an inquisition if after the charter of King John they were always quit of the aforesaid toll, and they are received, and so a jury was made by eight lawful citizens of Lincoln and further by eight lawful men of the vicinage of Lincoln, and let it come on such a day to recognise if those burgesses, when they brought wares through the town of Lincoln, were quit of toll in that town from the first year of the coronation of King John.[167]

[Footnote 165: 1 John (1200). _Rot. Cart. p._ 53.]

[Footnote 166: 1 John (1200). _Rot. Cart., pp._ 5, 56.]

[Footnote 167: See note to No. 8.]

5. DISPUTE WITH A LORD TOUCHING A GILD MERCHANT [_Curia Regis Rolls, Mich. 8 Henry III, m. 6_], 1223-4.

_Buckingham._--Alan Basset was summoned to answer the burgesses of Wycombe wherefore he permits them not to have their gild merchant with its appurtenances, as they were wont to have it in the time of the lord King John, when he had that manor in his hand; whereof the burgesses say that in the time when the lord King John had that manor in his hand, and when the lord the King gave it to the same Alan, they had a gild merchant and a liberty which the same Alan has taken away from them, wherefore they are much injured, for by that gild merchant they had this liberty, that no merchant within their town could sell cloths at retail, neither linens nor woollens, unless he were in the gild merchant or by licence of the bailiffs of the burgesses who were in the gild merchant, and furthermore in the same manner could not sell fells or wood or broom[168] or such merchandise, unless he were in the gild or by licence, as aforesaid; and the same Alan contravened this liberty and granted to all merchants and others that they might sell cloths at retail and fells and such wares as they please, and takes 3d. toll; and they used to give for the farm of the lord the King half a mark yearly to have that liberty; and because he has taken away that liberty from them, they are injured and suffer damage to the value of 40 marks, and thereof they produce suit, and if this suffices not, they offer to prove that they had such seisin by the evidence of witnesses (_per vivam vocem_), if they ought, or by the body of a man,[169] or by the country,[170] and they offer 20 marks to have an inquisition thereon.

And Alan comes and defends force and tort and says that he has taken no liberties from them, but will speak the truth; the lord King John gave him that manor with all its appurtenances for his homage and service for 20l. a year and for the service of one knight, so that never afterwards did they have a gild merchant, although they often sued for it and murmured among themselves, so that he often asked of them their warrant, if they had any, and they show him none; and the town is amended in that merchants and others can sell their merchandise; and so they ought to have no gild.

And the burgesses say that his statement is contrary to right, because after his time, when he had that manor, they had that liberty, both before his time and after, and they offer as before 20 marks to have an inquisition thereon. Touching their warrant they say that they had a charter of King Henry, grandfather of the lord the King, and it was deposited in the church of Wycombe, and there in the time of war was burned in the church, and thereof they put themselves on a jury.

And Alan defends that they had no charter thereof nor any warrant, nor ever had seisin of that gild in his time, nor can he admit nor will he admit any inquisition without the lord the King; but indeed it may be true that when they had the manor of the King at farm, then they did what they pleased.

A day is given to them on the morrow of Martinmas to hear their judgment, and the burgesses put in their place William son of Harvey and Robert le Taillur.[171]

[Footnote 168: Genista tinctoria (dyer's greenweed); "_genetein_" in MS.]

[Footnote 169: _i.e._ Trial by battle.]

[Footnote 170: _i.e._ Trial by jury.]

[Footnote 171: The case was again adjourned and the judgment has not been found.]

6. THE AFFILIATION OF BOROUGHS [_Charter Roll,11 Henry III, p. 1, m. 13, No. 117_], 1227.

The King to all, etc., greeting. Know ye that we have granted and by our present charter confirmed to our burgesses of Bedford all their liberties and customs and laws and quittances, which they had in the time of the lord King Henry, our grandfather, specially their gild merchant with all their liberties and customs in lands and islands, in pastures and all other their appurtenances, so that no one who is not in that gild do any trafficking with them in city or borough or town or soke. Moreover we have granted and confirmed to them that they be quit of toll and pontage and stallage and lastage and passage, and of assarts and every other custom throughout the whole of England and Normandy by land and water and by the seashore, "bilande and bistrande," and have all other customs throughout the whole of England and their liberties and laws which they have in common with our citizens of Oxford,[172] and do their trafficking in common with them within London and without and in all other places. And if they have any doubt or contention touching any judgment which they ought to make, they shall send their messengers to Oxford, and what the citizens of Oxford shall adjudge hereon, that they shall hold firm and fixed and certain without doubt, and do the same. And we forbid that they plead without the borough of Bedford in aught whereof they are charged, but of whatsoever they be impleaded, they shall deraign themselves according to the laws and customs of our citizens of Oxford, and this at Bedford and not elsewhere; because they and the citizens of Oxford are of one and the same custom and law and liberty. Wherefore we will and straitly command that our aforesaid burgesses of Bedford have and hold their aforesaid liberties and laws and customs and tenures well and in peace, freely and quietly, fully and honourably, with soc and sac and tol and theam and infangenethef,[173] and with all other their liberties and free customs and quittances, as well and entirely as ever they had them in the time of King Henry, our grandfather, and as fully and freely and entirely as our citizens of Oxford have those liberties and as the charter of King Richard, our uncle, which they have thereof, reasonably testifies. Witnesses as above. Given [at Westminster on 24 March in the 11th year of our reign].

[Footnote 172: Oxford was also affiliated to London by charter of 13 Henry III. [Charter Roll, 13 Henry III., p. 1, m. 12.]]

[Footnote 173: _i.e._ General rights of jurisdiction.]

7. BONDMAN RECEIVED IN A BOROUGH [_Bracton's Notebook, III_, 243, No. 1228], 1237-8.

Order was made to the bailiffs of Andover that at the first coming of the lord the King to Clarendon they shew cause to the lord the King, wherefore they have detained from Everard le Tyeis William of Amesbury, his bondman and fugitive, inasmuch as he claims him at the time and hours, as he says, etc.

And Adam de Marisco and other bailiffs of Andover come and say that the aforesaid William was at one time dwelling at Wilton and was a travelling merchant and married a woman in the town of Andover, and within the year in which he married the same Everard came and sought him as his bondman and fugitive, but they refused to deliver him to him and dared not without the lord the King's command.

Afterwards the same Everard comes, and remits and quit-claims to the lord the King and his heirs the aforesaid William with his whole brood, etc.

8. AN INTER-MUNICIPAL AGREEMENT IN RESPECT OF TOLL [_Charter Roll, 23 Henry III, m. 3_], 1239.

The King to archbishops, etc. greeting. Know ye that whereas a dispute was raised in our Court before us between our good men of Marlborough, complainants, and our good men of Southampton, deforciants, of toll which the aforesaid men of Southampton took from our men of Marlborough against their liberties which they have by charter of King John, our father, and by our charter, as they asserted; at length by our licence it is covenanted between them on this wise, that all our men of Marlborough, who are in the gild merchant of Marlborough and will establish the same, be quit for ever of all custom and all manner of toll in the town of Southampton and in all the appurtenances thereof, whereof the men of Southampton within their liberty can acquit the said men of Marlborough, notwithstanding that the charter of the same men of Southampton is prior to the charters of the aforesaid men of Marlborough;[174] and in like manner that the men of Southampton be quit of all custom and toll in the town of Marlborough. We, therefore, willing that the aforesaid covenant be firm and stable for ever, grant and confirm it for us and our heirs. Witnesses:--Richard, count of Poitou and earl of Cornwall, our brother, etc., as above [17 June, Westminster].

[Footnote 174: The legal rule evolved in the thirteenth century for cases where the crown granted to one town freedom from toll, and to another town the right to exact toll, was that priority of grant prevailed; _cf._ Bracton _f._ 56_b_. By grants of incompatible charters the crown obtained fees from two sets of petitioners, and also costs from the subsequent litigation.]

9. ENFORCEMENT OF CHARTER GRANTING FREEDOM FROM TOLL THROUGHOUT THE REALM [_Chancery Files_], 1416.

Henry by the grace of God King of England and France and Lord of Ireland to John Kerde of Ware Toller, greeting. Whereas among the rest of the liberties and quittances granted to our beloved citizens of our city of London by charters of our progenitors, sometime Kings of England, which we have confirmed by our charter with the clause "_licet_,"[175] it is granted to the same that they and their successors, citizens of the same city, be quit for ever of pavage, pontage, murage,[176] toll and lastage[177] throughout the whole of our realm and the whole of our land and power, as is more fully contained in the charters and confirmation aforesaid: We command you, as we have commanded before, that you permit Thomas Sabarn, citizen of the city aforesaid, as it is said, to be quit of such pavage, pontage, murage, toll and lastage, according to the tenour of the charters and confirmation aforesaid, not molesting or aggrieving him in aught contrary to the tenour of the same, or that you signify to us the cause wherefore you have not obeyed our command before directed to you thereon. Witness myself at Westminster, 25 March in the 4th year of our reign.

Sotheworth.

[_Endorsed._] The answer of John Kerde withinwritten.

I certify to you that I have permitted and will hereafter permit Thomas Sabarn withinwritten to be quit of pavage, pontage, murage, toll and lastage, as is commanded me by this writ, and have not molested or aggrieved him on the same accounts, and will not molest or aggrieve him hereafter.

[Footnote 175: Charter Roll, 2 Henry V., p. 2, No. 11. The clause "_licet_" is a provision for the preservation of liberties in spite of non-user.]

[Footnote 176: _i.e._ Tolls for the repair of streets, bridges, and walls.]

[Footnote 177: _i.e._ A toll on cargoes and on wares entering a market or fair.]

10. LICENCE FOR AN ALIEN TO BE OF THE GILD MERCHANT OF LONDON [_Charter Roll, 37 Henry III, m. 21_], 1252.

The King to archbishops, etc., greeting. Know ye that we have granted and by this our charter confirmed to Deutayutus Willelmi, merchant of Florence, that he and his heirs for ever may have this liberty, to wit, that in any tallage to be assessed on the community of our city of London by our command they be not tallaged at more than one mark of silver, and that they, with their own household, may buy, sell and traffic without unlawful gain as freely and quietly throughout the whole of our power as any of our citizens of London; and that the same Deutayutus and his heirs be in the gild merchant of the same city and have all other liberties and free customs, as well within the said city as without, which the same citizens have or shall have or obtain hereafter. Wherefore we will and straitly command for us and our heirs that the aforesaid Deutayutus and his heirs have all the liberties, free customs and quittances aforesaid for ever, as is aforesaid. These witnesses:--Geoffrey de Lezinan, our brother, Peter de Sabaudia, John de Grey, John de Lessinton, Peter Chaceporc, archdeacon of Wells, Master W. de Kilkenny, archdeacon of Coventry, Artald de Sancto Romano, Robert de Muscegros, Robert Wallerand, Stephen Bauzan, Robert le Norreys, Ralph de Bakepuz, Imbert Pugeys and others. Given by our hand at Windsor, 3 November.[178]

[Footnote 178: In the thirteenth century aliens were commonly burgesses of English towns (for an instance see below, Section VI, No. 30), and Englishmen were members of foreign communities. In 1326 the Mayor and commonalty of London deprived such aliens of the freedom of the city (Riley Memorials, 151). This document furnishes the sole extant reference to a gild merchant in London. See, however, Crump, in E.H.R., xviii. 315.]

11. DISPUTE BETWEEN THE MERCHANT GILD AND THE ABBOT OF BURY ST. EDMUNDS [_B.M. Add. MSS. 17391, ff. 61-65_], 1304.

Pleas at the town of St. Edmund before William de Bereford, W. Howard and W. de Carleton, appointed justices of the lord the King, on Tuesday next after the feast of St. Lucy the Virgin[179] in the thirty-third year of the reign of King Edward son of King Henry.

Nicholas Fouk and others by conspiracy premeditated among them at the town aforesaid, and by oath taken among them, making unlawful assemblies of their own authority on Monday next after the feast of the Nativity of the Blessed Virgin Mary in the thirtieth year of the lord the King that now is,[180] ordained and decreed that none should remain among them in the said town having chattels worth 20s. who would not pay them 2s. 1d., which payment they call among themselves hansing-silver, which money they took on that pretext respectively from Reynold del Blackhouse and Robert the Carpenter, men dwelling in the town aforesaid, and also beyond this 12d. of gersom from each of the said Reynold and Robert. And likewise ... they decreed among themselves that every man of the same town having chattels to the value of 10 marks should pay them 46s. 8d., which by that authority they took from Robert Scot, a man dwelling in the aforesaid town. And also the same day and year they decreed among themselves that no man should stay in the aforesaid town beyond a year and a day without being distrained to take oath to maintain their aforesaid assemblies and ordinances....

The aforesaid Nicholas Fouk and others readily acknowledge that the Abbot is lord of the whole town aforesaid, and ought to appoint his bailiffs to hold his court in the same town. But as for the conspiracy aforesaid, etc., they make stout defence that they are not guilty of the aforesaid conspiracy, etc. And as for the Abbot's charge against them that they have made unlawful assemblies in the aforesaid town, decreeing and ordaining that every man dwelling in the same town having chattels to the value of 20s., etc. as above, they say that the aforesaid Abbot makes plaint unjustly, for they say that they have an alderman and a gild merchant in the aforesaid town and are free burgesses, etc., rendering judgments by their alderman of pleas pleaded in the court of the same abbot before his bailiffs in the town aforesaid. And that without any trespasses or unlawful assemblies they meet at their Gildhall in the same town, as often as need be, to treat of the common profit and advantage of the men and burgesses of the aforesaid town, as is quite lawful for them. And that they and their ancestors and predecessors, burgesses, etc., have used such a custom from time whereof no memory is, to wit, of taking 2s. 1d. from every man dwelling in the aforesaid town, being in the tithing of the Abbot of the place aforesaid, having chattels to the value of 20s., that he may trade among them and enjoy their market customs in the same town, and likewise of receiving 46s. 8d. from every man of the town aforesaid having chattels to the value of 10 marks to keep[181] their gild merchant. And that there is the following custom among them beyond this, to wit, that twelve burgesses of the aforesaid town have been accustomed to elect four men of the same town yearly to keep their gild merchant, each of whom shall have chattels to the value of 10 marks. Which four men so elected have been accustomed to be forewarned by two burgesses of the gild aforesaid, who are called _les Dyes_, to keep their gild aforesaid; and the same men so elected have been accustomed to find pledges before the alderman and burgesses in the Gildhall aforesaid to keep the gild aforesaid, or that each of them would pay 46s. 8d., who should refuse to keep that gild. And for the doing hereof the alderman and burgesses in the town aforesaid have been accustomed to distrain every man in the same town having chattels to the value of 10 marks, wishing to trade among them and to enjoy their market customs. And thus then each of the aforesaid four men so elected should enjoy burgess-ship among them and their custom hereafter, and the burgesses of the aforesaid town in form aforesaid have been used to receive 2s. 1d., etc. And this they are ready to verify, whereof they crave judgment, etc....

The jurors say, etc. that ... the Abbot must answer whether the aforesaid Nicholas Fouke and others have a gild merchant in the aforesaid town or not, etc. The abbot says that they have not a gild merchant nor cognisances of pleas pertaining to a gild merchant, nor a commonalty nor a common seal nor a mayor; but they hold a gild at the feast of the Nativity of St. John the Baptist in a certain place to feast and drink together, there holding their unlawful assemblies and taking from every man dwelling in the said town the aforesaid 2s. 1d. and also 46s. 8d., levying such money from the men aforesaid, that the payers thereof may be of their fellowship, by distraints made upon them; and he does not deny that the ancestors of the aforesaid Nicholas and others have been long accustomed to receive such extortions of 2s. 1d. and 46s. 8d., but against the Law Merchant and against the will of the aforesaid payers and against the peace, etc., and beyond the amount of a third part of their goods; and by such extortions and ransoms they claim to make burgesses within his liberty and lordship, which there pertains to the Abbot himself and to no other to be done, etc.

A day is given.... It is awarded that the aforesaid Abbot [recover] his damages of 199l. 13s. 4d. against the aforesaid Nicholas and others.... And let the same Nicholas and others be committed to gaol, etc. Afterwards the aforesaid Nicholas and others came and made fine, etc. And let certain others in the dispute be imprisoned for a month owing to their poverty, etc. And the aforesaid Nicholas and others came before the justices and satisfied the lord Abbot, etc.; therefore let them be delivered from prison, etc.

[Footnote 179: Tuesday after December 13.]

[Footnote 180: Monday after September 8, 1302.]

[Footnote 181: _i.e._ To uphold.]

12. COMPLAINTS OF THE MEN OF LEICESTER AGAINST THE LORD [_Inquisitions Miscellaneous, 87, No. 46_], 1322.

Inquisition taken at Leicester on Saturday next after the feast of St. Barnabas the Apostle[182] in the 15th year of the reign of King Edward, son of King Edward, before Roger Beler, guardian of the castles, lands and tenements of Thomas, late earl of Lancaster,[183] and other enemies and rebels of the lord the King in the County of Leicester, in the hand of the lord the King by their forfeiture, by the oath of William le Palmere of Leicester.[184]....

Who say on their oath that in the time of Edmund, late earl of Leicester, uncle of the lord the King that now is, while he had the lordship of the town aforesaid, the men of the same town who were in the gild of the same town gave nothing for the retailing or sale of cloth or other merchandise, but in the time of Thomas, late earl of Leicester, by distraints of farmers[185] and extortions they were compelled to make heavy fines yearly.

Further, in the time of the aforesaid Edmund, the fullers dwelling in the same town gave nothing to any man for exercising that craft, but in the time of Thomas they were compelled to pay 40s. a year, so that the aforesaid farmers would not permit other fullers to come into the same town, whereby none remains in the same town save one only, and he is poor.

Further, in the time of Edmund, the butchers of the same town used to give nothing to any man for exercising their trade, but in the time of Thomas they were compelled to give 10s. a year to the farmers.

Further, in the time of Edmund, for four days at Christmas no court of pleas of the Portmanmoot used to be holden, but in the time of Thomas by extortions and distraints the farmers[185] used to compel those who owed to others any debt, upon plaint made against them, to pay their debts within the aforesaid four days, or to imprison their bodies until they should have paid.

In the time of Edmund vendors of oatmeal sold their meal, giving nothing to any man except toll; in the time of Thomas they were not permitted to sell the aforesaid meal except by great measures, and then the beadles of the farmers of the same town took by extortion from the buyers a great quantity for measuring it, and to have that profit the said beadles gave to the farmers 40s. a year.

Further, in the time of Edmund, the farmers of the demesne lands of the same Edmund used to have the dung found in the four high roads and not elsewhere in the lanes; in the time of Thomas, by force and might they collected and took the dung in all the lanes, against the will of the burgesses.

Further, in the time of Edmund, from payers of toll the farmers used to take nothing by way of a double toll, and that by view of any of the jurors of the same town; in the time of Thomas the farmers took from payers of toll the heaviest ransoms at their will, exceeding the value of the thing whereon the toll was so paid, and often more than the true value.

Further, in the time of Edmund, the porters of the castle of the town of Leicester meddled not in the town of Leicester with the making of any attachments, except with a bailiff of the same town; in the time of Thomas, by force and might they made attachments and other executions without any bailiff of the town, and wrought great wrongs in the said town, whereby the burgesses suffered great grievances.

In the time of Edmund, if any burgess were impleaded in the court of the castle, the mayor and bailiffs of the same town used to claim their court and freely have it at the Portmanmoot; in the time of Thomas the farmers refused to admit their claims or to grant their court, but compelled burgesses to answer there by various and heavy distraints.

Further, in the time of Edmund, buyers of wool used to hire carts to carry their wool at their will; in the time of Thomas they were compelled to give to the farmers 1d. on each sack and could hire carts only at the will of the said farmers.

Further, in the time of Edmund, the foresters of "le Fruth" used not to make attachments in the town of Leicester nor meddle there for any trespasses of dry wood committed; in the time of Thomas, by extortion, force and might, they made attachments both upon those who bought at their doors from poor women carrying dry sticks on their heads, and upon others, and caused the buyers to be amerced at the court of "le Hethilegh."

In the time of Edmund, the brewers of the same town used to be amerced once a year according to the measure of their guilt and at the rate of 6d. or 12d. at most; in the time of Thomas, the farmers levied from the same by extortions and heavy ransoms at their will from one half a mark and from another 10s., which they call farms of "Cannemol."

Further, in the time of Edmund, the weavers of the same town used to give nothing to any man for exercising their trade; in the time of Thomas the said farmers took by extortion from every weaver 40d. for permission to work in broad cloth.

Further, in the time of Edmund the vendors of salt herrings and fish could sell such their merchandise by themselves and their servants (_servos_) with their own hands, giving nothing of their own except toll; in the time of Thomas they were not permitted to sell their merchandise, but the ministers of the farmers deputed hereto sold the same and took great sums of money by extortion.

Further, in the time of Edmund, retailers of cloth selling in their windows used not to be amerced except by view of jurors of the same town and once a year at 12d.; in the time of Thomas they were compelled by heavy extortions to make fines at his will.

In witness whereof the jurors have set their seals to this inquisition.

[Footnote 182: June 11.]

[Footnote 183: The necessities of Earl Thomas, leader of the opposition to Edward II., had evidently reacted upon his tenants.]

[Footnote 184: And 23 others named.]

[Footnote 185: The lord's lessees, responsible for the farm of the town.]

13. GRANT OF PAVAGE TO THE LORD OF A TOWN [_Patent Roll, 2 Edward III, p. 1, m. 5_], 1328.

The King to the venerable father in Christ H. by the same grace bishop of Lincoln, greeting. Know ye that we have granted to you, in aid of paving your town of Newark, that from the day of the making of these presents to the end of three years completed next following you take in the same town, by those whom you shall think fit to depute hereto and for whom you will be answerable, the underwritten customs on things for sale coming to the same town, to wit, on each quarter of corn for sale 1/4d., on each horse and mare for sale 1/2d., on each hide of horse and mare, ox and cow, fresh, salted and tanned, for sale, 1/4d., on each cart carrying meat, salted or fresh, for sale, 1-1/2d., on 5 bacons for sale 1/2d., on each salmon, fresh or salt, for sale, 1/4d., on each 100 mackerel for sale 1/2d., on each lamprey for sale 1/2d., on 10 sheep, goats or swine for sale 1d., on 10 fleeces for sale 1/2d., on each 100 woolfells of sheep, goats, stags, hinds, bucks and does for sale 1d., on each 100 fells of lambs, kids, hares, rabbits, foxes, cats and squirrels 1/2d., on each cart-load of sea-fish for sale 2d., on each horse-load of sea-fish for sale 1/2d., on each truss of cloths brought by cart 3d., on each horse-load of cloth for sale or other diverse and minute things for sale coming to the same town 1/2d., on each cart-load of iron for sale 1d., on each 100 of steel for sale 1/4d., on each cart-load of tin for sale 1/2d., on each quarter of woad 2d., on each tun of wine for sale 2d., on each sack of wool for sale 2d., on each horse-load of wool 1d., on each horse-load of apples, pears or nuts for sale 1/4d., on each 100 of linen web and canvas for sale 1/2d., on each 100 of linen for sale 1/4d., on each new cart for sale 1/4d., on each cart laden with timber for sale 1/2d., on each 1000 laths 1-1/2d., on each 100 stockfish and Aberdeen fish 1/2d., on each cart laden with hay or grass for sale 1/4d., on each cart carrying rushes for sale 1d., on each cart-load of heath for sale 1/2d., on each truss of chalons[186] for sale 1/2d., on each horse-load of glass (_verro_) 1/2d., on each horse-load of garlic for sale 1/2d., on each 1000 herrings for sale 1/4d., on each 100 boards for sale 1d., on each cart-load of faggots for sale 1/4d., on each quarter of salt for sale 1/4d., on each dozen horse-loads of coals for sale 1/2d., on each cart-load of coals for sale 1/2d., on each cart-load of brushwood for sale 1/2d., on each horse-load of brushwood for sale by the week 1/4d., on each 1000 nails for house gables (_ad cumilum domus_) for sale 1/4d., on each 100 horse shoes for horses and clout-nails for carts 1/2d., on 2000 of all manner of nails for sale except nails for carts and house gables 1/4d., on each truss of every kind of ware for sale coming to the same town and exceeding the value of 2s., 1/4d. And therefore we command you that you take the customs aforesaid until the end of the said three years in the form aforesaid, and that after the term of the said three years be complete the said customs wholly cease and be annulled. In witness whereof, etc., to endure for the aforesaid three years. Witness the King at Northampton, 8 May.

By the King himself.

[Footnote 186: Coverlets made at Chalons-sur-Marne.]

14. MISAPPROPRIATION OF THE TOLLS LEVIED FOR PAVAGE [_Fine Roll, 10 Edward III, m. 22_], 1336.

The King to his beloved and faithful John de Mounteny, Nicholas de Beaulu, Robert Scuffyn, and William de Merston, greeting. Know ye that whereas on the 8th day of May in the second year of our reign by our letters patent we granted unto the venerable father Henry, bishop of Lincoln, that he should have in the town of Newark pavage for the term of three years next following, and afterwards, wishing to do further grace to the same bishop in this behalf, we granted unto him that from the end of the term aforesaid he should take in the town aforesaid such pavage until the end of four years then next following, the collection of which pavage amounts to no small sum, as it is said; and we have received a petition shown before us and our council, containing that the collectors of the pavage aforesaid in the time aforesaid have detained by them the money which they have collected from that pavage by virtue of the grants aforesaid, and still detain the same, converting it to other uses than to the repair and amendment of that town, as would be fitting, to the deception of us and contrary to the form of the grants aforesaid: We, wishing to apply a remedy in this behalf, as well for us as for the safety of the town aforesaid in times to come, as we are bound, have appointed you, three and two of you, to survey all works, if any have been done by the collectors aforesaid from such money levied and collected during the time of the grants aforesaid in the same town, and to enquire, if need be, of the names of the collectors aforesaid, and to cause those collectors to come before you, three or two of you, and to hear and determine finally the account of all the same collectors of all their receipts from the time aforesaid for such cause, and to distrain the same collectors to apply without delay in such repair all money levied on account of the premises and not applied in the repair aforesaid, and to appoint and depute certain fit collectors of the pavage aforesaid in the town aforesaid of the same town, to collect and levy the money there and to apply the same in the repair and amendment of the pavage aforesaid in times to come, as you shall deem best to be done according to your discretions for our advantage and the safety of the town aforesaid. And therefore we command you that at certain days which you, three or two of you, shall provide herefor, you hear and determine the account aforesaid, and do and accomplish all and singular the premises in the form aforesaid; for we have commanded our sheriff of Nottingham that at certain days which you, three or two of you, shall cause him to know, he cause to come before you, three or two of you, the collectors aforesaid, and as many and such good and lawful men of his bailiwick by whom the truth of the matter in the premises may the better be known and enquired of. In witness whereof, etc. Witness the King at Walsingham, 15 February. By petition of the Council.

15. ORDINANCES OF THE WHITE TAWYERS OF LONDON [_Guildhall Letter-Book F, f. 126_], 1346.

In honour of God, of Our Lady, and of all Saints, and for the nurture of tranquillity and peace among the good folks the Megucers, called "_Whittawyers_," the folks of the same trade have, by assent of Richard Lacer, Mayor, and of the Aldermen, ordained the points underwritten.

In the first place, they have ordained that they will find a wax candle, to burn before Our Lady in the Church of All Hallows near London Wall. Also, that each person of the said trade shall put in the box such sum as he shall think fit, in aid of maintaining the said candle.

Also, if by chance any one of the said trade shall fall into poverty, whether through old age, or because he cannot labour or work, and have nothing with which to help himself; he shall have every week from the said box 7d. for his support if he be a man of good repute. And after his decease, if he have a wife, a woman of good repute, she shall have weekly for her support 7d. from the said box, so long as she shall behave herself well, and keep single.

And that no stranger shall work in the said trade, or keep house [for the same] in the city, if he be not an apprentice, or a man admitted to the franchise of the said city.

And that no one shall take the serving man of another to work with him, during his term, unless it be with the permission of his master.

And if any one of the said trade shall have work in his house that he cannot complete, or if for want of assistance such work shall be in danger of being lost, those of the said trade shall aid him, that so the said work be not lost.

And if any one of the said trade shall depart this life, and have not wherewithal to be buried, he shall be buried at the expense of their common box; and when any one of the said trade shall die, all those of the said trade shall go to the Vigil, and make offering on the morrow.

And if any serving-man shall conduct himself in any other manner than properly towards his master, and act rebelliously towards him, no one of the said trade shall set him to work, until he shall have made amends before the Mayor and Aldermen; and before them such misprision shall be redressed.

And that no one of the said trade shall behave himself the more thoughtlessly, in the way of speaking or acting amiss, by reason of the points aforesaid; and if any one shall do to the contrary thereof, he shall not follow the said trade until he shall have reasonably made amends.

And if any one of the said trade shall do to the contrary of any point of the Ordinances aforesaid, and be convicted thereof by good men of the said trade, he shall pay to the Chamber of the Guildhall of London, the first time 2s., the second time 40d., the third time half a mark, and the fourth time 10s., and shall forswear the trade.

Also, that the good folks of the same trade shall once in the year be assembled in a certain place, convenient thereto, there to choose two men of the most loyal and befitting of the said trade, to be overseers of work and all other things touching the trade, for that year, which persons shall be presented to the Mayor and Aldermen for the time being, and sworn before them diligently to enquire and make search, and loyally to present to the said Mayor and Aldermen such defaults as they shall find touching the said trade without sparing any one for friendship or for hatred, or in any other manner. And if any one of the said trade shall be found rebellious against the said overseers, so as not to let them properly make their search and assay, as they ought to do; or if he shall absent himself from the meeting aforesaid, without reasonable cause, after due warning by the said overseers, he shall pay to the Chamber, upon the first default, 40d.; and on the second like default, half a mark; and on the third, one mark; and on the fourth, 20s. and shall forswear the trade for ever.

Also, that if the overseers shall be found lax and negligent about their duty, or partial to any person, for gift or for friendship, maintaining him, or voluntarily permitting him [to continue] in his default, and shall not present him to the Mayor and Aldermen, as before stated, they are to incur the penalty aforesaid.

Also, that each year, at such assemblies of the good folks of the said trade, there shall be chosen overseers, as before stated. And if it shall be found that through laxity or negligence of the said governors such assemblies are not held, each of the said overseers is to incur the said penalty.

Also, that all skins falsely and deceitfully wrought in their trade, which the said overseers shall find on sale in the hands of any person, citizen or foreigner, within the franchise, shall be forfeited to the said Chamber, and the worker thereof amerced in manner aforesaid.

Also, that no one who has not been an apprentice, and has not finished his term of apprenticeship in the said trade shall be made free of the same trade; unless it be attested by the overseers for the time being or by four persons of the said trade, that such person is able, and sufficiently skilled to be made free of the same.

Also, that no one of the said trade shall induce the servant of another to work with him in the same trade, until he has made a proper fine with his first master, at the discretion of the said overseers, or of four reputable men of the said trade. And if any one shall do to the contrary thereof, or receive the serving workman of another to work with him during his term, without leave of the trade, he is to incur the said penalty.

Also, that no one shall take for working in the said trade more than they were wont heretofore, on the pain aforesaid, that is to say, for the _dyker_[187] of _Scottes stagges_, half a mark; the _dyker of Yrysshe_, half a mark; the _dyker of Spanysshe stagges_ 10s.; for the hundred of _gotesfelles_, 20s.; the hundred of _rolether_, 16s.; for the hundred skins of _hyndescalves_, 8s.; and for the hundred of _kiddefelles_, 8s.[188]

[Footnote 187: A package of ten.]

[Footnote 188: Printed in Riley, Memorials, 232.]

16. DISPUTE BETWEEN THE MASTER SADDLERS OF LONDON AND THEIR JOURNEYMEN [_Guildhall, Letter-Book II, f. 309_], 1396.

Whereas there had arisen no small dissension and strife between the masters of the trade of Saddlers of London, and the serving-men, called _yomen_, in that trade; because that the serving-men aforesaid against the consent, and without leave of their masters, were wont to array themselves all in a new and like suit once in the year, and often times held divers meetings, at Stratford and elsewhere without the liberty of the said city, as well as in divers places within the city; whereby many inconveniences and perils ensued to the trade aforesaid; and also, very many losses might happen thereto in future times, unless some quick and speedy remedy should by the rulers of the said city be found for the same; therefore the masters of the said trade on the 10th day of the month of July, in the 20th year, etc., made grievous complaint thereon to the excellent men, William More, Mayor, and the Aldermen of the City aforesaid, urgently entreating that, for the reasons before mentioned, they would deign to send for Gilbert Dustone, William Gylowe, John Clay, John Hiltone, William Berigge, and Nicholas Mason, the then governors of the serving-men aforesaid; to appear before them on the 12th day of July then next ensuing.

And thereupon, on the same 10th day of July, precept was given to John Parker, serjeant of the Chamber, to give notice to the same persons to be here on the said 12th day of July, etc. Which Governors of the serving-men appeared, and, being interrogated as to the matters aforesaid, they said that time out of mind the serving-men of the said trade had had a certain Fraternity among themselves, and had been wont to array themselves all in like suit once in the year, and, after meeting together at Stratford, on the Feast of the Assumption of the Blessed Virgin Mary[189] to come from thence to the Church of St. Vedast, in London, there to hear Mass on the same day, in honour of the said glorious Virgin.

But the said masters of the trade asserted to the contrary of all this, and said that the fraternity, and the being so arrayed in like suit among the serving-men, dated from only thirteen years back, and even then had been discontinued of late years; and that under a certain feigned colour of sanctity, many of the serving-men in the trade had influenced the journeymen among them and had formed covins thereon, with the object of raising their wages greatly in excess; to such an extent, namely, that whereas a master in the said trade could before have had a serving-man or journeyman for 40 shillings or 5 marks yearly, and his board, now such a man would not agree with his master for less than 10 or 12 marks or even 10 pounds, yearly; to the great deterioration of the trade.[190]

And further, that the serving-men aforesaid according to an ordinance made among themselves, would oftentimes cause the journeymen of the said masters to be summoned by a beadle, thereunto appointed, to attend at Vigils of the dead, who were members of the said Fraternity, and at making offering for them on the morrow, under a certain penalty to be levied; whereby the said masters were very greatly aggrieved, and were injured through such absenting of themselves by the journeymen, so leaving their labours and duties against their wish.

For amending and allaying the which grievances and dissensions, the Mayor and Aldermen commanded that six of the said serving-men should attend in the name of the whole of the alleged Fraternity, and communicate with six or eight of the master saddlers aforesaid, etc., both parties to be here, before the said Mayor and Aldermen on the 19th day of July then next ensuing to make report to the Court as to such agreement between them as aforesaid. And further, the Mayor and Aldermen strictly forbade the said serving-men in any manner to hold any meeting thereafter at Stratford aforesaid, or elsewhere without the liberty of the said city on pain of forfeiture of all that unto our Lord the King and to the said city they might forfeit.

On which 19th day of July, came here as well the masters aforesaid as the governors of the serving-men; and presented to the Mayor and Aldermen a certain petition, in these words: "Gilbert Dustone, William Gylowe, John Clay, John Hiltone, William Berigge, and Nicholas Mason, do speak on behalf of all their Fraternity and do beg of the Wardens of the Saddlers that they may have and use all the points which heretofore they have used."

Which petition having been read and heard, and divers reasons by the said masters unto the Mayor and Aldermen shown, it was determined that the serving-men in the trade aforesaid should in future be under the governance and rule of the masters of such trade; the same as the serving-men in other trades in the same city are wont, and of right are bound to be; and that in future they should have no fraternity, meetings, or covins, or other unlawful things under a penalty, etc. And that the said masters must properly treat and govern their serving-men in the trade in such manner as the serving-men in like trades in the city have been wont to be properly treated and governed. And that if any serving-men should in future wish to make complaint to the Mayor and Aldermen, for the time being, as to any grievance unduly inflicted upon him by the masters aforesaid, such Mayor and Aldermen would give to him his due and speedy meed of justice as to the same.[191]

[Footnote 189: August 15.]

[Footnote 190: For further evidence of combinations, see below, No. 32.]

[Footnote 191: Printed in Riley, Memorials, 542.]

17. ORDINANCES OF THE DYERS OF BRISTOL [_Patent Roll, 13 Henry IV, p. 2, m. 31_], 1407.

These are the petition, ordinances and articles, which are granted and confirmed to the masters, burgesses of the craft of dyeing of the town of Bristol ... by the assent and advice of the whole Common Council ... holden in the Gildhall of Bristol ... the 8th year of the reign of King Henry the Fourth after the Conquest, to endure for ever, as well for the honour of the town of Bristol as for the profit and amendment of the said craft; the tenour of which petition and ordinances follows hereafter:

To the honourable and discreet Sirs, the Mayor, Sheriff and Bailiffs of the town of Bristol, and to all the honourable folk of the Common Council, the said masters make supplication: Whereas certain persons of the said town of divers crafts, not cunning in the craft of dyeing, who were never apprentices nor masters of the said craft, take upon them divers charges and bargains to dye cloths and wools of many folk of the same town and the country round, which cloths and wools have been divers times ill dressed and worked through their ignorance and lack of knowledge, to the great damage of the owners and scandal of the whole craft aforesaid and of the drapery of the same town; whereupon, most wise Sirs, please it your special grace to grant to the said suppliants the ordinances underwritten, to put out and bring to nought all deceits and damages which could hereafter befal within the craft aforesaid, and this for God and as a work of charity.

First, be it ordained and assented that each year two masters of the said craft be elected by the common assent of all the masters of the same craft in the town of Bristol, and their names presented to the Mayor of Bristol in full court of the Gildhall of the same town, and there to be sworn on the Holy Gospels within the quinzaine of Michaelmas at the latest to survey well and lawfully all manner of defects which shall be made henceforward as well in dyed cloths as in wools put in woad within the franchise of Bristol. And if any damage is done to any person through defect of dyeing by any man or woman of the said craft, that then he shall pay sufficient amends to the parties damaged according to the discretion of the said two masters and of four other indifferent persons elected by the Mayor and his Council, as the trespass demands. And if it so be that any man or woman will not abide by the ordinance and award of the said two masters and other indifferent persons elected by the Mayor as before is said, that then the Mayor and his council for the time being shall cause them to be compelled to pay and satisfy the said persons so damaged of all that is adjudged by them. And in case that the said two masters after their oath made be negligent in executing their office touching their said mistery, that they be punished and amerced according to the advice of the Mayor and of the court aforesaid so the use of the chamber and to the common profit as is aforesaid.

Further, that no servant or apprentice of the said mistery be henceforth admitted to the liberties of Bristol to be a burgess sworn to exercise the said mistery until it be testified to the court before the Mayor of Bristol by the said two masters that they are able and well learned in the said craft of dyeing, to save and keep the goods of the good folk who are wont to be served for their money in the exercise of the mistery aforesaid. And if any master of the said mistery make any such servant or apprentice, if he be not able and well learned in the said craft, as before is said, he shall incur the penalty of 20s. for each time, to wit, to the use and profit of the commonalty, as before is said, 13s. 4d., and to the masters for their light, 6s. 8d., without any pardon, provided always that the Mayor of the town of Bristol have his power and jurisdiction to accept and make burgesses of each person presented to him, as has been used and accustomed before these times, these ordinances notwithstanding.

Further, forasmuch as often before these times divers folk, as well those who have not been apprentices, servants or masters of the said mistery, as other folk who are of other misteries, not cunning nor having knowledge in the aforesaid art of dyeing, have taken upon them to dye cloths and wools put in woad, as well of good folk of the town as of the country round, which, by reason of ill management and through lack of knowledge of the said folk, are greatly impaired of their colours and many other defects to the great loss and damage of the owners of the said cloths and great scandal of the town and shame of the whole craft aforesaid, whereby the masters and apprentices of the said craft of dyeing go vagrant for lack of work, because the said folk of other crafts have been occupied in their said craft, to their great mischief and undoing, therefore it is ordained and assented that henceforward no manner of man of the same craft nor any other mistery do dye any cloth or wool, unless it be presented by the said masters that he be good and able and sufficiently learned in the said craft, upon pain of paying to the Mayor and Bailiffs of the chamber for the use and common profit, as before is said, at the first default 6s. 8d., at the second default 13s. 4d., at the third default 20s., and for each default after the said three defaults 20s., without any pardon, so that the said masters have for their labour the third part arising from the said defaults for their light, provided always that all the burgesses of this town may make their profit for dyeing in their houses their own cloths, as has been used before these times, these ordinances notwithstanding.

And after the view of the said petition and ordinances aforesaid by the Mayor and Common Council, it was assented that all the masters of the said mistery of dyeing dwelling within the franchise of Bristol should come before the Mayor to hear their said ordinances and whether they would assent thereto and grant them or not. And by command of the ... Mayor, Ralph Dyer ... and many others of the mistery aforesaid came in their own persons, to whom all the said ordinances were published and declared, and every of them in the presence of the Mayor aforesaid granted and assented to all the ordinances and pains aforesaid, praying of their common assent that the ordinances and pains aforesaid be ratified, confirmed and enrolled of record in the papers of the Gildhall of Bristol, and be put in due execution for ever, saving always to the jurisdiction of the Mayor and Common Council of the town of Bristol that if any ordinance or any new addition hereafter touching the mistery aforesaid which may be profitable as well for the town as for the aforesaid mistery, that then by the advice and ordinance of the Mayor of Bristol for the time being and the Council of the town and also of the masters of the said mistery, they shall be corrected and amended according to good faith and reason and put in due execution, the ordinances aforesaid notwithstanding. Provided also that the dyers abovesaid be bound by these ordinances to make the assay of woad and to work wools and cloths as well in woad as in madder of the goods of all merchants and burgesses of Bristol, taking for their labour reasonably as has been accustomed and used before these times. In witness whereof, at the special prayer and request of the said masters to keep and maintain their ordinances aforesaid, we have put hereto the seal of the office of the Mayoralty of the town of Bristol. Given in the Gildhall of the same town 17 March, 8 Henry IV.[192]

[Footnote 192: From the confirmation of 13 Henry IV. Printed in _The Red Book of Bristol_, ii. p. 81.]

18. INCORPORATION OF THE FRATERNITY OF THE HABERDASHERS OF LONDON [_Patent Roll, 26 Henry VI, p. 2, m. 23_], 1448.

The King to all to whom, etc., greeting. Know ye that of our especial grace and the inspiration of charity, and for the especial devotion which we bear and have towards the Blessed Virgin Catherine, we have granted and given licence for us and our heirs, as much as in us lies, to our beloved lieges, the men of the mistery of Haberdashers within our city of London, that they may begin, unite, found, create, erect and establish a gild or fraternity in honour of the same Virgin of men of the mistery aforesaid and others, and have and hold that gild or fraternity so begun, united, founded, created, erected and established, and enjoy and exercise the same to them and their successors for all future times to endure; and that they and their successors may increase and augment the same gild or fraternity and hold the gild or fraternity aforesaid of the said mistery of Haberdashers and any persons whom they will receive within the fraternity aforesaid, and may elect and make four wardens from themselves as often as they shall please or need shall be for the governance, custody and rule of the said fraternity for ever, as shall best please them; and that the said wardens and their successors each year may make a livery of vesture of one suit among the brethren and sisters of the same fraternity, and their meetings and gatherings in places of our city aforesaid, and there in honest manner hold and keep their feast of food and drink at the feast of St. Catherine the Virgin, and make ordinances among themselves as often as they shall please and as they shall deem most necessary and opportune, and ordain and rule their mistery and correct and amend defects of their servants by view of the Mayor of the city aforesaid for the time being or of any person whom he shall depute hereto in his place, as they shall deem fit to be done for the greater utility of the commonalty of our people; and that none within the liberty of the city aforesaid keep a shop or house of that mistery, unless he be of the liberty of that city, nor any be admitted to the liberty of the said city in the same mistery, unless he be presented by the aforesaid wardens or their successors and by four other good and lawful men of the same mistery, and it be testified to the Mayor of our said city for the time being that he is good, faithful and fit for the same. And further of our more abundant grace and at the supplication of our said lieges, the men of the mistery aforesaid, we will and grant for us and our heirs, as much as in us lies, that the same wardens and their successors be perpetual and capable and the said fraternity be by itself a solid and perpetual and corporate fraternity, and that that fraternity be hereafter named the fraternity of St. Catherine the Virgin of Haberdashers in the city of London, and the said wardens and their successors [the wardens] of the fraternity of St. Catherine the Virgin of Haberdashers in the city of London, and we incorporate the said wardens and their successors and the fraternity aforesaid to endure for ever, and we make them as it were one body and declare, accept and approve them for one body and hold them for one body. We have granted also for us and our heirs, as far as in us lies, to the aforesaid wardens, that they and their successors, by the name of the wardens of the fraternity of St. Catherine the Virgin of Haberdashers in the city of London, may acquire to them and their successors in fee and perpetuity lands, tenements, rents, annuities and other possessions as well of those which are held of us in free burgage as others, provided that by inquisitions to be taken thereon in due form and returned into the Chancery of us and our heirs it be found that it can be done without damage or prejudice to us or our heirs or others whomsoever, and that they may have a common seal and be impleaded and implead others by the name of the wardens of the fraternity of St. Catherine the Virgin of Haberdashers in the city of London for ever before any judges in any courts, and that they may have and hold to them and their successors all lands and tenements, rents, annuities and other possessions whatsoever acquired by the aforesaid wardens and their successors, and enjoy the same for ever without obstacle, impeachment or hindrance of us or our heirs, our justices, escheators, sheriffs or other bailiffs or ministers of us or our heirs whomsoever, the Statute published touching lands and tenements not to be put in Mortmain, or any other Statute or ordinance made to the contrary, notwithstanding. And further of our more abundant grace we have granted for us and our heirs to our aforesaid lieges and wardens and their successors aforesaid for ever that the same wardens and their successors, wardens of the fraternity aforesaid for the time being, have and make full search as well in and of the mistery of Haberdashers and of every thing touching it, as of all goods and things in any wise belonging to or incumbent on the craft of Haberdashers aforesaid brought or hereafter to be brought by any alien or any aliens from parts remote into our realm of England, when they or any of them shall bring the same to the same our city or the suburbs thereof or within three miles distant round about the said city, and also of each such alien and of such misteries and things which they, our privileged lieges, use or have used before these times, and may present all defects in that behalf found by them as well upon our said lieges as upon aliens, according to their discretions, to the Mayor of our city aforesaid for the time being or his deputy in this behalf, if need be, and correct and reform the same by his survey. And further we will and by these our letters we grant to our aforesaid lieges, the men of the mistery aforesaid, that no officer, minister, artificer, merchant or any other whosoever hereafter search or presume to search in any wise any our privileged liege employing the craft aforesaid nor his goods of haberdashery, save only the four wardens of the craft aforesaid for the time being; so that it be not to the prejudice of the Mayor of our city of London. In witness, etc. Witness the King at Westminster the 3rd day of June. By the King himself and of the said date, etc.

19. INDENTURE OF APPRENTICESHIP [_Ancient Deeds_, A 10022], 1459.

This indenture made between John Gibbs of Penzance in the county of Cornwall of the one part and John Goffe, Spaniard, of the other part, witnesses that the aforesaid John Goffe has put himself to the aforesaid John Gibbs to learn the craft of fishing, and to stay with him as apprentice and to serve from the feast of Philip and James[193] next to come after the date of these presents until the end of eight years then next ensuing and fully complete; throughout which term the aforesaid John Goffe shall well and faithfully serve the aforesaid John Gibbs and Agnes his wife as his masters and lords, shall keep their secrets, shall everywhere willingly do their lawful and honourable commands, shall do his masters no injury nor see injury done to them by others, but prevent the same as far as he can, shall not waste his master's goods nor lend them to any man without his special command. And the aforesaid John Gibbs and Agnes his wife shall teach, train and inform or cause the aforesaid John Goffe, their apprentice, to be informed in the craft of fishing in the best way they know, chastising him duly and finding for the same John, their apprentice, food, clothing linen and woollen, and shoes, sufficiently, as befits such an apprentice to be found, during the term aforesaid. And at the end of the term aforesaid the aforesaid John Goffe shall have of the aforesaid John Gibbs and Agnes his wife 20s. sterling without any fraud. In witness whereof the parties aforesaid have interchangeably set their seals to the parts of this indenture. These witnesses:--Richard Bascawen, Robert Martyn and Robert Cosyn and many others. Given at Penzance, 1 April in the 37th year of the reign of King Henry the Sixth after the Conquest of England.

[Footnote 193: May 1.]

20. A RUNAWAY APPRENTICE _[Early Chancery Proceedings, File 6, No. 7], c._ 1425.

To the most reverend father in God and his most gracious lord, the bishop of Winchester, chancellor of England.

Beseecheth meekly William Beverley of London that whereas William Batyngham has been arrested and detained in prison in Salisbury at the suit of the said beseecher, for that he was his apprentice and departed from his service here in London, and has been the whole time since ... wandering in divers towns, as in Winchester, Bristol and elsewhere, so that the said beseecher could not find him until now of late suddenly, and so it is that upon the matter abovesaid his said suit cannot be determined in Salisbury, for that the retaining and departing did not take place within the said town: Please it your most gracious discretion to grant to the said beseecher a writ directed to the mayor, bailiffs and keeper of the gaol there and to each of them to have the body of the said William Batyngham with such a clause "by whatsoever name he be known," before you at a certain day to be limited by you, considering that he has no other remedy, and that for God and in work of charity.[194]

[Footnote 194: This case illustrates the growing habit of appealing to the Chancellor's equitable jurisdiction, a characteristic feature of fifteenth century administrative and legal history.]

21. INCORPORATION OF A GILD FOR RELIGIOUS AND CHARITABLE USES [_Patent Roll, 25 Henry VI, p. 2, m. 5_], 1447.

The King to all to whom, etc., greeting. Know ye that of our especial grace and out of reverence for the Holy Trinity we have granted and given licence for us and our heirs, as much as in us lies, to Ralph, lord of Cromwell, and Thomas Thurland that they and one of them, to the praise and honour of the Holy Trinity, may begin, found, erect, unite, create and establish a fraternity or gild perpetual in the church of St. Mary of Nottingham of an alderman and two wardens and brethren and sisters of the parishioners of the same church and others who of their devotion shall wish to be of the same fraternity or gild, to endure for perpetual times to come; and that the said alderman and wardens and brethren and sisters of the fraternity or gild aforesaid, when it shall be thus begun, founded, erected, united, created and established, and their successors, be in fact and name one body and one perpetual commonalty, and have perpetual succession and a common seal to serve for the affairs of that fraternity or gild, and be persons able and capable in law to purchase to them and their successors in fee and perpetuity lands and tenements, rents and other possessions whatsoever of persons whomsoever; and that the same alderman and wardens and brethren and sisters and their successors for ever, by the name of the alderman and wardens and brethren and sisters of the fraternity or gild of the Holy Trinity of Nottingham, may plead and be impleaded before any judges soever in any courts and actions whatsoever. And further we will and by these presents we grant that the same alderman and wardens and brethren and sisters and their successors may augment the same fraternity or gild when it shall be thus begun, founded, erected, united, created and established, and receive new brethren and sisters into the same fraternity or gild, as often and when it shall seem to them hereafter necessary and opportune; and also once a year elect and make from themselves and their successors an alderman and two wardens to support the charges of the business touching and concerning the said fraternity or gild, and to rule and govern the same fraternity or gild. And further, of our more abundant grace we have granted and given licence for us and our heirs, as far as in us lies, to the aforesaid alderman and wardens and brethren and sisters and their successors, that, when the same fraternity or gild shall be thus begun, founded, erected, united, created and established, or their successors, for the maintenance of two chaplains to celebrate divine service for the good estate of us and Margaret our consort while we shall live and for our soul when we shall have departed this life and the souls of all our progenitors deceased, and for the good estate of the brethren and sisters of the same fraternity or gild, while they shall live, and for their souls when they shall have departed this life, and the souls of all the faithful departed, in the church aforesaid, according to the ordinance of the aforesaid Ralph, lord of Cromwell, and Thomas, or one of them, or their executors or assigns, to be made in this behalf, and for the relief of the poor and feeble brethren and sisters of the said fraternity or gild, they may purchase lands and tenements, rents and services, which are held of us in chief or burgage or by any other service soever or of others by any service soever, to the value of 20 marks a year beyond reprises, from any person or any persons soever willing to give or grant the same to them, without fine or fee to be taken or paid therefor to the use of us or our heirs, to have and to hold to the same alderman and wardens and brethren and sisters of the fraternity or gild abovesaid and their successors for the maintenance of the said two chaplains and for the relief of the poor and feeble aforesaid, as is said above, for ever; the Statute published touching lands and tenements not to be put in Mortmain, or any other statute or ordinance published or made to the contrary, notwithstanding; provided that it be found by inquisitions duly to be taken thereon and lawfully returned into the Chancery of us and our heirs, that it can be done without damage or prejudice to us or our heirs or others whomsoever. In witness whereof, etc. Witness the King at Bury St. Edmunds, 20 February.

By writ of privy seal, and of the date aforesaid by authority of Parliament, and for 20 marks paid in the hanaper.

SECTION VI

THE REGULATION OF TRADE, INDUSTRY AND COMMERCE

1. Assize of Measures, 1197--2. Grant to the lord of a manor of the assize of bread and ale and other liberties, 1307--3. An offence against the assize of bread, 1316--4. Inquisition touching a proposed market and fair, 1252--5. Grant of a fair at St. Ives to the abbot of Ramsey, 1202--6. Grant of a market at St. Ives to the abbot of Ramsey, 1293--7. Proceedings in the court at the fair of St. Ives, 1288--8. The Statute of Winchester, 1285--9. The recovery of debt on a recognisance, 1293--10. Procedure at a fair pursuant to the Statute for Merchants, 1287--11. The aulnage of cloth, 1291--12. The Ordinance of Labourers, 1349--13. Presentments made before the Justices of Labourers, 1351--14. Excessive prices charged by craftsmen, 1354--15. Fines levied for excessive wages, 1351--16. Writ to enforce payment of excess of wages to the collectors of a subsidy, 1350--17. Application of fines for excessive wages to a subsidy, 1351-2--18. Labour legislation; the Statute of 12 Richard II., 1388--19. Labour legislation; a Bill in Parliament, 23 Henry VI., 1444-5--20. Organisation of the Staple, 1313--21. Arguments for the establishment of home staple towns, 1319--22. Ordinances of the Staple, 1326--23. The election of the mayor and constables of a Staple town, 1358--24. Royal letters patent over-ruled by the custom of the Staple, 1436--25. Prohibition of export of materials for making cloth, 1326--26. Commercial policy, _temp._ Edw. IV.--27. The perils of foreign travel, 1315--28. Grant of letters of marque and reprisals, 1447--29. Grant of liberties to the merchants of Douay, 1260--30. Aliens at a fair, 1270--31. Confirmation of liberties to the merchants of Almain, 1280--32. Alien weavers in London, 1362--33. The hosting of aliens, 1442--34. An offence against Stat. 18 Henry VI. for the hosting of aliens, 1440--35. Imprisonment of an alien craftsman, _c._ 1440--36. Petition against usury, 1376--37. Action upon usury, _c._ 1480.

The documents in this section are suggestive rather than comprehensive. No attempt has been made to illustrate the industrial and commercial development of England as a whole; but its more important aspects are indicated, and the machinery of administration outlined. Down to the end of the thirteenth century industry is of local rather than of national importance, and is regulated by custom rather than by law; while there was undoubtedly considerable intercourse between town and town, the conduct of trade, the oversight of conditions of labour, and the settlement of disputes were matters for the townsmen themselves to deal with in accordance with chartered rights or intermunicipal covenants. For example, the unpaid debt of an individual burgess was exacted by the _communitas burgensium_ to which the injured creditor belonged, from any member of the _communitas burgensium_ to which the defaulting debtor belonged, by the method of forcible seizure of goods. Although, therefore, the state attempted to secure uniformity of weights and measures and of cloth, and to maintain the quality and cheapness of the necessaries of life in the interests of traders and consumers alike, none the less the assizes of weights and measures and of cloth (No. 1), of bread and ale (Nos. 2 and 3) and of wine, came to be regarded, as might be expected in a feudal age, as franchises to be purchased by the lord of a manor, or enforced by the elected officers of a town. The regulation of trade and industry shares the characteristic features of its environment.

The same is true of early commercial intercourse with foreign communities. The right to hold a fair is a liberty granted by the crown to a lord, and for centuries the great fairs were the chief international marts (Nos. 4-7, 30). The freedom which alien merchants enjoyed under a clause of _Magna Carta_ was extended by charters granting privileges similar in detail to those procured by English towns (Nos. 29-31), and it is not until the reign of Edward I. that a serious attempt is made to nationalise regulation (Nos. 8-11). Thereafter conflicts arise not only between the central legislature and the local chartered body or privileged lord (No. 11), but between a growing self-conscious merchant class and the alien communities which had hitherto controlled the export and import trade of the country (Nos. 21, 22). The State assumes new responsibilities, and Parliament attempts to standardise old and enforce new regulations for the nation at large (Nos. 12, 18, 19, 25). The Statute emerges over against the Charter on the one hand and the Ordinance on the other. The difficulties of Parliament are twofold; it has to fight, first, against old concessions which would be upheld by the Courts (No. 11), and second, against the uncertain operation of the royal prerogative (No. 34). It has often been urged that the mediæval statute was little more than the expression of an ideal, and that administrative machinery was insufficient for its adequate execution. The truth is rather that Parliament was one of several competing regulative institutions, and that notwithstanding the most punctilious and inquisitorial administrative methods, its measures were neutralised by existing privileges and by fresh exemptions extracted from a chronically bankrupt and insincere monarchy. That the administration was not of itself ineffective is clear from the enforcement of the Statutes of Labourers in the fourteenth century (Nos. 12-17) and of the Statute of 18 Henry VI restricting the freedom of aliens in the fifteenth century (Nos. 33, 34). The Crown was always preoccupied with the state of the revenue; statutes are enforced or overridden, according as their operation will benefit or deplete the Exchequer. It was the experience of centuries that gave point to queen Elizabeth's affection for the prerogative. None the less great strides were made in the fourteenth and fifteenth centuries towards the end largely achieved in the Tudor period. The Elizabethan legislation sums up and rounds off the work of the previous two hundred years. The regulation of wages and of the conditions of labour (Nos. 12-19), the protection of industry, commerce and shipping, making national trade an important factor in international diplomacy (Nos. 20, 22, 25,27,28), the emergence of a native mercantile class eager to win the export trade for their own country by means of the staple (Nos. 20-24), the jealousy of the alien, growing in intensity throughout the fourteenth and fifteenth centuries (Nos. 21, 33, 34, 35), the development of a home cloth manufacture competing with the best foreign products (Nos. 22, 25, 32), and the provision of remedies against the mediæval bugbear of usury (Nos. 36, 37), all assist in the gradual ripening of a national economy, the fruits of which were gathered first in the Tudor era.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:--Rogers, _History of Agriculture and Prices_; Rogers, _Six Centuries of Work and Wages_; Cunningham, _Growth of English Industry and Commerce_; Ashley, _Economic History_; Ashley, _James van Artevelde_; Cunningham, _Alien Immigrants_; Putnam, _The Enforcement of the Statutes of Labourers_; Schanz, _Englische Handelspolitik gegen Ende des Mittelalters_; Varenbergh, _Relations diplomatiques entre le Comté de Flandre et l'Angleterre_; Ochenkowski, _England's Wirthschaftliche Entwickelung im Ausgange des Mittelalters_; Höhlbaum, _Hansisches Urkundenbuch_. See also the _English and American Historical Reviews_.

Contemporary authorities:--Thomas Aquinas, _De Usuris_; Political Poems and Songs (Wright, Rolls Series); Parliament Rolls (Record Commission); Calendars of Patent, Close and Fine Rolls (Record Office Publications).

1. ASSIZE OF MEASURES [_Roger of Hoveden, Rolls Series_, IV, 33], 1197.

It is established that all measures of the whole of England be of the same amount, as well of corn as of vegetables and of like things, to wit, one good horse load; and that this measure be level as well in cities and boroughs as without. Also the measure of wine and ale and of all liquids shall be of the same amount according to the diversity of liquids. Weights and measures also, great and small, shall be of the same amount in the whole realm, according to the diversity of wares. Measures also of corn and liquids, wine and ale, shall have marks put thereon,[195] lest by guile they can be falsified.

It is established that woollen cloths, wherever they be made, be made of the same width, to wit, of two ells within the lists,[196] and of the same good quality in the middle and at the sides. Also the ell shall be the same in the whole realm and of the same length, and the ell shall be of iron.

It is forbidden to all merchants throughout the whole of the realm that any merchant set in front of his shop red or black cloths or shields or any other thing, whereby the buyers' eyes are often deceived in the choice of good cloth.

It is also forbidden that any dye for sale, save black only, be made anywhere in the realm, except in cities or chief boroughs.

It is also established that in every city or borough four or six lawful men of the same town, according to the size of the town, together with the sheriff,[197] or with the reeves of the city or borough, if the same be not in the hand of the sheriff, be assigned to keep the assize in this form: that they see and be sure that all things are sold and bought by the same measure, and that all measures are of the same size according to the diversity of wares. And if they find any who shall be confessed or convicted of having sold by other than the established measure, his body shall be taken and sent to prison, and all his chattels shall be seized into the hand of the lord the King, nor shall he be delivered save by the lord the King or his chief justice. Touching the keepers themselves it is established that if they perform this keeping so negligently that they be convicted by others than themselves before the justices of the lord the King of transgressing any written assize either of measures or of the width of cloths, the keepers shall remain at the mercy of the lord the King touching their chattels.

It is commanded also that after the feast of the Purification of St. Mary no man in any county sell anything save by the ordained measure, which shall be [everywhere] of the same size; nor after the fair of mid-Lent at Stamford sell any cloth of smaller width than two ells within the lists.

[Footnote 195: "_Inclaventur in eis claves._"]

[Footnote 196: The selvages.]

2. GRANT TO THE LORD OF A MANOR OF THE ASSIZE OF BREAD AND ALE AND OTHER LIBERTIES [_Inquisitions ad quod damnum_, 63, 16], 1307.

_Nottingham._--Inquisition taken at Nottingham before William de Chelardeston, sheriff of Nottingham, on Sunday, a fortnight after Easter in the 35th year of the reign of King Edward, whether the lord the King, without doing prejudice or injury to any man, can grant to his beloved and trusty Peter Pycot that he and his heirs may have for ever in his manor of Ratcliffe upon Soar, in the county of Nottingham, view of frankpledge of his men and tenants of the same manor and whatever pertains to such view, and amends of the assize of bread and ale broken by the same men and tenants, and a pillory and a tumbrel and "infangenethef"[198] and gallows for the execution of judgment, for a fixed rent thereof according to the true value of the same liberties, to be rendered each year by the hands of the sheriff of that county for the time being to the lord the King and his heirs at their Exchequer, or not, and if prejudice or injury should be done to any man by the grant aforesaid, then to whom and in what manner and how, and how much the liberties aforesaid to be possessed in the same manor can be worth yearly according to the true value of the same, by the oath of Robert Pouterel of Thrumpton.[199] ... Who say upon their oath that the lord the King, without doing prejudice or injury to any man, can grant to the aforesaid Peter Pycot that he and his heirs may have for ever in his manor of Ratcliffe upon Soar view of frankpledge.[200] ... They say further that all the liberties aforesaid in the said manor are worth 2s. a year according to the true value thereof. In witness whereof the aforesaid jurors have set their seals to this inquisition. Given at Nottingham the day and year abovesaid.

[Footnote 197: Reading _simul cum vicecomite_ for _similiter in vicecomitatu_.]

[Footnote 198: The right to take and judge thieves within the manorial precincts.]

[Footnote 199: And eleven others named.]

[Footnote 200: And the other liberties specified above. For an explanation of view of frankpledge, see note to Section IV., No. 5 above.]

3. AN OFFENCE AGAINST THE ASSIZE OF BREAD [_Guildhall, Letter-Book D, f. 189_], 1316.[201]

On the Saturday next before the Feast of the Invention of the Holy Cross,[202] in the 9th year of the reign of King Edward, son of King Edward, Richard de Lughteburghe was attached to make answer as to a certain false wastel[203] loaf of his. And the same Richard said that he was not a baker, and that he did not have that wastel bread baked; but that, as a regrator, he bought it of a certain baker who lives in Southwark. And upon this he was charged by the Mayor and Aldermen with being in partnership with the baker aforesaid, in baking such bread, and sharing with him in the gain thereby, or loss, if such should happen: whereupon, being asked how he would acquit himself thereof, he said that he was not the partner of the said baker, nor had he any share with him; and he put himself upon the country as to the same. Therefore the country was summoned for the Tuesday next ensuing, and he was delivered into the custody of the sheriffs, etc.

On which day the said Richard came, and the jury came by John de Estwode and others in the panel named. Which jurors said upon their oath, that the aforesaid Richard is a partner of the said baker for gain in baking the bread aforesaid. Therefore it was adjudged that he should have the punishment of the hurdle. And he was so punished now for the first time, because his loaf was wanting to the amount of 2s. _9d._ in the proper weight of half a mark for the halfpenny wastel loaf.

Also Alan de Lyndeseye, baker, was sentenced to the pillory, because he had been convicted of baking _pain demaign_ that was found to be of bad dough within, and good dough without. And because such falsity redounds much to the deception of the people who buy such bread, he was committed for punishment, etc.

[Footnote 201: Printed in Riley, Memorials, 119.]

[Footnote 202: May 1.]

[Footnote 203: Medium quality.]

4. INQUISITION TOUCHING A PROPOSED MARKET AND FAIR [_Inquisitions ad quod damnum_, 1, 21], 1252.

Henry by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine and Count of Anjou, to his mayor and bailiffs of Bristol, greeting. We command you that by the oath of good and lawful men of your town, by whom the truth of the matter may the better be known, you make diligent enquiry if it would be to the nuisance of the town aforesaid if we should grant to our beloved abbot of Pershore that he have a market at his manor of Hawksbury on Monday and a fair there at the feast of St. Matthew in Autumn[204]; and if it be to your nuisance, to what extent; and that without delay you send to us the inquisition made thereon under your seal and the seals of those by whom it shall be made, and this writ. Witness myself at Westminster, 26 February in the 36th year of our reign.

Inquisition made by command of the lord the King by the mayor and bailiffs of Bristol, if it would be to the nuisance of the town of Bristol if there were a market on Monday at the manor of Hawksbury which E. abbot of Pershore holds, and if there were a fair there at the feast of St. Matthew in Autumn, by William de Feria, clerk,[205] ... Who say by their oath that it would not be to the nuisance of the town of Bristol in any wise if there were a market on the aforesaid Monday at the said manor of Hawksbury, and a fair there on the aforesaid feast of St. Matthew in Autumn.[206]

[Footnote 204: September 21.]

[Footnote 205: And eleven others named.]

[Footnote 206: The abbot is granted the market and a fair on the eve, day and morrow of the Decollation of St. John the Baptist (August 28-30) by charter dated November 24, 1252 [_Charter Roll, 37 Henry III, m. 19_].]

5. GRANT OF A FAIR AT ST. IVES TO THE ABBEY OF RAMSEY[_Cart. Rams., f._ 191 _b._], 1202.

John by the grace of God King of England, etc., greeting. Know ye that we, for our salvation and for the souls of our ancestors and successors, have granted and by our present charter have confirmed to God and the church of St. Mary and St. Benedict of Ramsey, and to the abbot and monks there serving God, a fair at St. Ives, to begin on the fourth day before the feast of St. Laurence and to endure for eight days[207]; to have and to hold for ever, so nevertheless that it be not to the nuisance of neighbouring fairs.

Wherefore we will and straitly command that the aforesaid abbot and monks have and hold the aforesaid fair well and in peace, freely and quietly, entirely, fully and honourably, with all liberties and free customs to such fair pertaining. Witnesses:--Robert earl of Leicester, William earl of Arundel, and others.

Given by the hand of Simon, archdeacon of Wells, at Harcourt on the seventh day of June in the fourth year of our reign.

[Footnote 207: August 6-13.]

6. GRANT OF A MARKET AT ST. IVES TO THE ABBEY OF RAMSEY[_Cart. Rams., f._ 191 _b._], 1293.

Edward by the grace of God King of England, lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers and all his bailiffs and faithful, greeting. Know ye that we have granted and by this our charter confirmed to our beloved in Christ, the abbot and convent of Ramsey, that they and their successors for ever have a market every week on Monday at their manor of St. Ives in the county of Huntingdon, unless that market be to the nuisance of neighbouring markets. Wherefore we will and straitly command, for us and our heirs, that the aforesaid abbot and convent and their successors for ever have the aforesaid market at their manor aforesaid with all the liberties and free customs to such market pertaining, unless that market be to the nuisance of neighbouring markets, as is aforesaid. These witnesses:--the venerable fathers John, of Winchester, Anthony, of Durham, William, of Ely, bishops, William de Valencia, our uncle, Roger le Bygod, earl of Norfolk and marshal of England, John de Warenna, earl of Surrey, Henry de Lascy, earl of Lincoln, William de Bello Campo, earl of Warwick, Robert de Tybetot, Gilbert de Thornton, John de Metingham, Robert de Hertford, Robert Malet, and others. Given by our hand at Westminster on the fourteenth day of May in the twenty-first year of our reign.

7. PROCEEDINGS IN THE COURT AT THE FAIR OF ST. IVES [_Court Roll, 178, 93, m. 1d._], 1288.[208]

Court on Saturday [24 April, 1288].

John son of John of Eltisley makes plaint of Roger the Barber that he has unjustly broken a covenant with him, because, whereas the same John was in the town of Ramsey on Monday next after the Epiphany of the Lord last past, a year ago, in the house of Thomas Buk, the said Roger came there and undertook to cure his head of baldness for _9d._, which he paid in hand. On Tuesday the aforesaid Roger put him in plaster, and on Wednesday likewise, and afterwards withdrew from the town, so that from that day to this he would have nothing to do with the matter, to John's damage of 1/2 mark; and he produces suit. The aforesaid Roger, being present, denied [tort and force] and put himself on his law, and in finding pledges of his law withdrew from the bar without licence. Therefore the aforesaid John craved judgment on him as on a man convicted. Wherefore it is awarded that the said Roger satisfy him of the _9d._ principal, and of his damages, which are pardoned him; and that for the trespass he be in mercy, _6d._ Pledge,----

[Footnote 208: Printed in Selden Society Publications, Vol. 23, p. 35.]

8. THE STATUTE OF WINCHESTER, _cc._ 4, 5 [_Statute Roll, 1, m. 41_], 1285.

And for the greater security of the country the King has commanded that in the great towns, which are enclosed, the gates be shut from sunset until sunrise; and that no man lodge in the suburbs, or in any foreign part of the town save only in the daytime, nor yet in the daytime, if the host will not answer for him; and that the bailiffs of towns every week, or at the least every fortnight, make enquiry as to all persons lodging in the suburbs, and in foreign parts of the towns; and if they find any who receives or lodges in any manner persons who may be suspected of being against the peace, the bailiffs shall do right therein. And it is commanded that from henceforth watches be kept, as has been used in times past, that is to say, from the day of the Ascension to the day of St. Michael, in every city by six men at every gate; in every borough by twelve men; in every town by six men or four, according to the number of the inhabitants who dwell [in the town], and that they keep watch continually all night, from sunset to sunrise. And if any stranger pass by them, he shall be arrested until morning; and if no suspicion be found, he shall go quit; and if they find cause of suspicion, he shall be delivered to the sheriff forthwith, and he shall receive him without danger, and keep him safely, until he be delivered in due manner. And if they will not suffer themselves to be arrested, hue and cry shall be levied against them, and those who keep watch shall follow with all the town, with the towns near, with hue and cry from town to town, until they be taken and delivered to the sheriff, as before is said; and for the arrest of such strangers none shall be called in question.

And further, it is commanded, that highways from one market town to another be enlarged, where there are woods, hedges, or ditches, so that there be neither ditches, underwood, nor bushes wherein a man may lurk to do hurt, near the road, within two hundred feet on the one side, and two hundred feet on the other side, provided that this statute extend not to oaks, or to great woods, so as it be clear underneath. And if by default of the lord who will not abate the ditch, underwood, or bushes in the manner aforesaid, any robberies be done, that the lord be answerable therefor; and if murder be done, that the lord make fine at the King's pleasure. And if the lord be not able to clear away the underwood, that the country aid him in doing it. And the King wills, that in his demesne lands and woods, within his forest and without, the roads be enlarged as aforesaid.

And if, perchance, a park be near the highway, it is requisite that the lord of the park diminish his park, so that there be a space of two hundred feet from the highway, as before said, or that he make such a wall, ditch, or hedge, that evil doers will not be able to pass or return, to do evil.

9. THE RECOVERY OF DEBT ON A RECOGNISANCE [_Chancery Files_, 415], 1293.

To the reverend and discreet and their dearest lord, J. de Langton, chancellor of the illustrious King of England, Robert le Venur, guardian of the city of Lincoln, and Adam son of Martin of the same city, clerk, deputed to receive recognisances of debts, greeting. With all reverence and honour we make known to your reverend discretion by these presents that Simon le Sage of Scarborough and William Kempe of the same town, of the county of York, and each of them for the whole sum, acknowledged before us that they owe to William le Noyr of Lincoln 28s. sterling to be paid to him or his attorney at the feast of St. Michael in the twenty-first year of the reign of King Edward, according to the form of the statute of the said lord the King published at Westminster. And because the aforesaid Simon and William have not kept the term of their payment at all, we beseech your reverend discretion humbly and devoutly, that you will order a writ to be sent to the sheriff of York to compel the same Simon and William to pay the said money according to the form of the statute aforesaid. May your reverend discretion prosper long and well. Given at Lincoln on Friday next after the feast of St. Martin in the year aforesaid.[209]

[Footnote 209: This procedure was first authorised by the Statute of Acton Burnel (1283), the main provisions of which run as follows:

"Forasmuch as merchants, who before these times have lent their goods to divers folk, are fallen into poverty, because there was no speedy law provided whereby they could readily recover their debts at the day fixed for payment, and for that reason many merchants have ceased to come to this land with their merchandise to the damage of the merchants and of the whole realm: the King, by himself and his council ... has ordained and established that the merchant who will be sure of his debt cause his debtor to come before the mayor ... and ... to acknowledge the debt and the day of payment, and that the recognisance be enrolled.... And if the debtor pay not at the day fixed for him ... the mayor ... shall forthwith cause the moveables of the debtor to be sold to the amount of the debt ... and the money to be paid without delay to the creditors.... And if the debtor have no moveables in the power of the mayor from which the debt can be levied, but have the same elsewhere in the realm, then the mayor shall send to the Chancellor ... the recognisance made before him ... and the Chancellor shall send a writ to the sheriff in whose bailiwick the debtor shall have moveables, and the sheriff shall cause satisfaction to be made to the creditor.... And if the debtor have no moveables wherefrom the debt can be levied, then his body shall be taken, wheresoever he be found, and kept in prison until he have made satisfaction, or his friends for him."

Two years later (1285) the Statute for Merchants strengthened the creditor's security by providing that imprisonment should immediately follow non-payment of the debt.]

10. PROCEDURE AT A FAIR PURSUANT TO THE STATUTE FOR MERCHANTS [_Court Rolls, 178, 96, m. 4_], 1287.[210]

Pleas in the Fair of St. Ives, 15 Edward I, in the first year of John, lord Abbot, before William of Stow.

At the command of the lord the King, according to the tenour of the letter attached to the present roll, the community of London with the other communities at the fair of St. Ives was summoned to hear the order of the lord the King according to the new form of this statute touching merchants frequenting English fairs, and before them the aforesaid letter was read. And afterwards by the community of the citizens of London there were elected two of the more discreet and trusty men of the same city, to wit, Richard Poyntel and William of Paris, to whom in full court was delivered one of the two seals sent to the keepers of the fair, enclosed under the seal of the lord the King and opened in the presence of the said merchants; and the other seal was delivered in the same court to one Henry of Leicester, clerk and attorney of Sir John de Bauquell, to whom the lord the King committed the merchants' seal, as appears in the letter attached to the present roll:----

Edward by the grace of God King of England, lord of Ireland and duke of Aquitaine, to the keepers of the fair of St. Ives, greeting. Whereas our beloved clerk, John de Bauquell, citizen of London,--to whom we have committed the merchants' seal to be kept, and the office thereof, according to the form of the statute provided hereon by our council, to be executed by him or others fit herefor, whom he shall be pleased to depute hereto, in fairs within our realm during our pleasure,--has deputed Henry of Leicester, clerk, under him in our presence to execute the aforesaid office in his place in the fairs aforesaid: We command you to admit hereto for this turn the aforesaid Henry in place of the aforesaid John: We command you also, that by assent of the community of merchants coming to the same fair you cause to be chosen two lawful merchants of the city of London, who, after taking oath, shall receive recognisances according to the form of our aforesaid statute, after the aforesaid seal, which we are sending to you in a box under our seal, has been opened in their presence, and one piece thereof delivered to the same merchants and the other piece to the aforesaid clerk. Witness Edmund, earl of Cornwall, our kinsman, at Westminster on 22 April in the fifteenth year of our reign.[211]

[Footnote 210: Printed in Selden Society Publications, Vol. 23, p. 19]

[Footnote 211: The clause of the Statute (1285) relating to fairs runs as follows: "And a seal shall be provided to serve for fairs, and the same seal shall be sent to each fair under the seal of the King by a clerk sworn; and by the keeper of the fair and by the community of the merchants there shall be elected two lawful merchants of the city of London, who shall take oath, and the seal shall be opened before them, and the one piece shall be delivered to the aforesaid merchants, and the other shall remain with the clerk, and before them or one of the merchants, if both cannot be present, the recognisances shall be made."]

11. THE AULNAGE OF CLOTH [_Court Roll, 178, 97, m. 2d._], 1291.[212] Court on Monday [14 May, 1291].

Hamo of Bury St. Edmunds brought a letter patent of Sir Roger de Lisle, clerk of the Great Wardrobe, attached to this roll, ordering that he be admitted by the keepers of the fair of St. Ives to measure woollen cloths made in England, linen and canvas. And because the charter of the lord the King touching the fair orders that no bailiff or minister of the lord the King in any wise interfere with the fair aforesaid or its appurtenances, whereby the Abbot and Convent of Ramsey and their bailiffs should be prevented from having administration of all things pertaining to that fair as well within the town as without for ever, answer was made to the same Hamo by the steward that he would in no wise admit him to execute such office, which would be to the disherison and prejudice of the church of Ramsey and contrary to the liberty specified in the fair-charter, unless Hamo would come into the court and yield up his letter patent into the hands of the steward. To which court he came and of his free will delivered up the aforesaid letter and afterwards craved special grace; and at the instance of the merchants, his letter patent having been abandoned and annulled, he is admitted for the present.

[Footnote 212: St. Ives fair court. Printed in Selden Society Publications, Vol. 23, p. 42. This incident illustrates the difficulties of the central administration in dealing with local franchises.]

12. THE ORDINANCE OF LABOURERS [_Close Roll, 23 Edward III, p. 1, m. 8d._], 1349.[213]

The King to the sheriff of Kent, greeting. Because a great part of the people and specially of the workmen and servants has now died in this plague, some, seeing the necessity of lords and the scarcity of servants, will not serve unless they receive excessive wages, and others preferring to beg in idleness rather than to seek their livelihood by labour: we, weighing the grave disadvantages which might arise from the dearth specially of tillers and workmen, have had deliberation and treaty hereon with the prelates and nobles and other learned men in session with us, by whose unanimous counsel we have thought fit to ordain that every man and woman of our realm of England, of whatsoever condition, free or servile, able-bodied and under the age of sixty years, not living by trade nor exercising a certain craft, nor having of his own whereof he shall be able to live, or land of his own, in the tilling whereof he shall be able to occupy himself, and not serving another man, shall be bound to serve him who shall require him, if he be required to serve in a suitable service, regard being had to his rank, and shall receive only the wages, liveries, hire or salaries which used to be offered in the places where he should serve in the twentieth year of our reign of England, or in the five or six common years last preceding; provided that lords be preferred to others in the bondmen or tenants of their lands so to be retained in their service; so however that such lords so retain as many as shall be necessary and not more; and if such a man or woman, so required to serve, refuse so to do, the same being proved by two trusty men before the sheriff, bailiff, lord, or constable of the town where this shall come to pass, he shall be taken forthwith by them or any of them and sent to the nearest gaol, there to stay in strait keeping until he find security to serve in the form aforesaid.

And if a reaper, mower or other workman or servant, of whatsoever rank or condition he be, retained in the service of any man, withdraw from the said service without reasonable cause or licence before the end of the term agreed upon, he shall undergo the penalty of imprisonment, and none, under the same penalty, shall presume to receive or retain such an one in his service.

Furthermore no man shall pay or promise to pay to any man more wages, liveries, hire or salaries than is accustomed, as is aforesaid, nor shall any man in any wise demand or receive the same, under penalty of the double of that which shall be so paid, promised, demanded or received, to go to him who shall feel himself aggrieved hereby; and if none such will prosecute, it shall go to any one of the people who shall prosecute; and such prosecution shall be made in the court of the lord of the place where such a case shall befal; and if the lords of towns or manors shall presume in any wise to contravene our present ordinance, by themselves or their ministers, then prosecution shall be made against them in the form aforesaid in counties, wapentakes and ridings, or other such courts of ours, at a penalty of threefold of that so paid or promised by them or their ministers; and if by chance any one shall have covenanted with any man so to serve for a greater salary before the present ordinance, the latter shall in no wise be bound by reason of the said covenant to pay to such a man more than has been customary at other times; nay, rather, he shall not presume to pay more under the penalty aforesaid.

Moreover saddlers, skinners, tawyers, shoemakers, tailors, smiths, carpenters, masons, tilers, boatmen, carters and other artificers and workmen whosoever shall not take for their labour and craft more than used to be paid to such in the twentieth year and other common years preceding in the places in which they chance to be employed, as is aforesaid; and if any shall receive more, he shall be committed to the nearest gaol in the manner aforesaid.

Moreover butchers, fishermen, hostlers, brewers, bakers, poulterers and all other sellers of victuals whatsoever shall be bound to sell such victuals for a reasonable price, regard being had to the price at which such victuals are sold in the neighbouring places; so that such sellers have a moderate profit and not excessive, as shall be reasonably required by the distance of the places wherefrom such victuals are carried; and if any man sell such victuals otherwise and be convicted thereof in the form aforesaid, he shall pay the double of that which he shall receive to him that suffered loss, or, for lack of such, to him who will prosecute in this behalf; and the mayor and bailiffs of cities and boroughs, market and other towns, and ports and places by the sea, shall have power to enquire of all and singular who in any wise transgress against this ordinance, at the penalty aforesaid to be levied to the use of those at whose suit such transgressors shall be convicted: and in case the same mayor and bailiffs shall neglect to execute the premises and shall be convicted hereof before the justices appointed by us, then the same mayor and bailiffs shall be compelled by the same justices to pay to such as suffered loss, or, for lack of him, to any other prosecuting, threefold the value of the thing so sold, and none the less shall incur grievous punishment at our hands.

And because many sturdy beggars, so long as they can live by begging for alms, refuse to labour, living in idleness and sin and sometimes by thefts and other crimes, no man, under the aforesaid penalty of imprisonment, shall presume under colour of pity or alms to give anything to such as shall be able profitably to labour, or to cherish them in their sloth, that so they may be compelled to labour for the necessaries of life.

We order you, straitly enjoining upon you, that you cause all and singular the premises to be publicly proclaimed and kept in the cities, boroughs and market towns, seaports and other places in your bailiwick where you deem expedient, as well within liberties as without, and due execution to be made thereof, as is aforesaid; and that in no wise you omit this, as you love us and the common utility of our realm and will save yourself harmless. Witness the King at Westminster, the eighteenth day of June. By the King himself and the whole council.

The like writs are directed to the several sheriffs throughout England.

The King to the venerable father in Christ, W. by the same grace bishop of Winchester, greeting. Because a great part of the people, etc., as above, as far as "to labour for the necessaries of life," and then thus: and therefore we request you that you cause the premises to be proclaimed in the several churches and other places of your diocese where you shall deem expedient; commanding rectors, vicars of such churches, ministers and other your subjects that by salutary warnings they beseech and persuade their parishioners to labour and to keep the ordinances aforesaid, as instant necessity demands; and that you constrain the wage-earning chaplains of your said diocese, who, as is said, refuse in like manner to serve without excessive salary, and compel them, under penalty of suspension and interdict, to serve for the accustomed salary, as is expedient; and that you in no wise omit this as you love us and the common utility of our said realm. Witness as above.

By the King himself and the whole council.

The like letters of request are directed to the several bishops of England and to the guardian of the archbishopric of Canterbury, the see being vacant, under the same date.

[Footnote 213: Printed in Putnam _op. cit., p._ 8*, Appendix.]

13. PRESENTMENTS MADE BEFORE THE JUSTICES OF LABOURERS[214] [_Assize Roll, 267, mm. 1, 8_], 1351. Hundred of Chelmsford.

The twelve [jurors] present that Arnulph le Hierde of Maldon, late servant of John Dodebroke from Michaelmas, 24 Edward III, until Michaelmas next following, 25 Edward III, for one year and for a quarter of a year next following and for the whole of that time, the said Arnulph took a quarter of wheat for twelve weeks and 5s. a year for his stipend. Further, he took from the feast of St. Peter's Chains until Christmas in the same time 10s. beyond that which he took above; and hereupon the said Arnulph withdrew from his service before the end of the term, to the damage of the said John of 40s., against the Statute, etc....

_Trespass._--Further, they present that Robert Grys of Danbury, potter, makes brass pots and sells them at threefold the price which he used [to take], against the Statute, etc., in oppression of the people.

_Trespass._--Further, they say that John Sextayn the younger, tailor, John Banestrat, tailor, Roger atte Tye of Great Baddow, take salaries for their labours from divers folk against the Statute, etc., and this threefold that which they used to take.

_Trespass._--Further, they say that William Denk, servant of Geoffrey le Smyth, took from the said Geoffrey 20s. a year, and is at his table, and was sworn before John de Sutton and his fellows to serve according to the Statute, etc., where he should not take but 8s., etc....

_Trespass._--Further, they present that Richard Smyth of Great Baddow commonly takes for his work double that which he used to take, against the Statute.

_Trespass._--Further, they present that John Plukkerose, William Smyth of Danbury and William Molt, shoemakers, of Great Baddow, make shoes and sell them at almost double the price which they used [to take], against the Statute, etc., in oppression of the people.

_Trespass._--Further, they say that Alan son of Sayer Banstrat of Great Baddow, sawyer, will not serve unless he take for his salary as much as two others take, against the Statute, etc., in oppression of the people....

Grand Inquisition.

_Trespass._--Further, they present that John Galion, vicar of Nazeing, will not minister to any the sacrament of marriage unless he have from each man 5s. or 6s., and in this manner by extortion the said John has taken from John Wakerild 4s. 1Od., from William Gurteber 5s., from John Mabely 9s., and from many others to the sum of 20s., in oppression of the people by tort and against the peace....

_Trespass._--Further, they present that John Hindercle took for stipend from the rector of Parndon for the time of August this year 10s. against the Statute.

Further, they present that John Hindercle, William Pourche, are butchers and forestallers of victuals, against the Statute.

[Footnote 214: Printed in Putnam, _op. cit., p._ 169*, Appendix.]

14. EXCESSIVE PRICES CHARGED BY CRAFTSMEN [_King's Bench, Ancient Indictments, 38, m. 22d._] 1354.

Further they [the jurors] say that dyers, drapers and tanners are dwelling in the town of Ware, where they were not wont to be, but within the borough of Hertford, to the grave damage of the lord the King and the lady Queen Isabel, lady of the same town of Hertford, and of the whole commonalty of the town of Hertford aforesaid, and against the liberty of the aforesaid Queen, and that the same dyers and tanners use their craft in too excessive wise, to wit, the aforesaid dyers take for a cloth sometimes half a mark, sometimes 40d. and sometimes more, where they were wont to take for a cloth 6d. only, and the aforesaid tanners buy oxhides and divers other hides at a low price and refuse to sell them unless they gain on the sale fourfold, to the greatest oppression and damage of the whole people.

15. FINES LEVIED FOR EXCESSIVE WAGES, 25 EDWARD III[_Exch. K.R. Estreats_, 11, 2], 1351.

Layer de la Hay.

From Simon Meller for his excess 40d. From Robert Throstle for the same 6d. From Thomas Poggill for the same 12d. From Roger Bollok for the same 12d. From Geoffrey Edmund for the same 6d. From Richard Tailliour for the same 2s. From Alice Smyth for the same 6d. From John Smart for the same 12d. From Margaret Everard for the same 12d. From Alice Gerlond for the same 12d. From Alice Weper for the same 6d. From Agnes Heyward for the same 12d. From John Crawe for the same 6d. From Christina Bostis for the same 6d. From Richard Cook for the same 12d. From Edmund atte Well for the same 6d. From Walter Bilet for the same 6d. From Geoffrey Sloman for the same 6d.

Sum, 16s. 10d. Proved

16. WRIT TO ENFORCE PAYMENT OF EXCESS OF WAGES TO THE COLLECTORS OF A SUBSIDY [_Close Roll, 24 Edward III, p. l, m. 6d._], 1350.

The King to his beloved and trusty Walter de Mauny and his fellows, our justices appointed to hear and determine divers trespasses and certain other things contained in our commission made to you, in the county of Northampton, greeting. Whereas lately it was ordained by us and our council that servants, as well men as women, should be bound to serve and should receive only the salaries and wages which used to be offered in the places where they ought to serve in the twentieth year of our reign over England or the five or six common years next preceding, and that all and singular such servants, workmen and artificers ... taking more ... be assessed at the whole additional sum which they shall receive ... and the whole additional sum so received be levied and collected from every of them to our use in relief of the singular towns to which the said artificers, servants and workmen belong, and in aid of payment of the sums at which the same towns or the men thereof are assessed for the tenth and fifteenth now current ...: you, nevertheless, ... attempt to cause such excesses of wages, liveries, hires and salaries ... with the fines made before you ... to be enrolled on your rolls and levied to our use, against the intent of that agreement, as by complaint of the people it has been given us to understand: We ... command you to compel all and singular artificers, servants and workmen, as well men as women, of whatsoever condition they be, convicted or hereafter to be convicted before you of such excessive salaries, liveries, hires or stipends whatsoever received by them in the aforesaid county, as well by imprisonment of their bodies as in other lawful manner which shall seem good to you in this behalf, to pay without delay that which they have so received in excess to the subtaxers and subcollectors of the singular towns to which the same artificers, servants and workmen belong, in aid of payment of the tenth and fifteenth aforesaid, according to the agreement abovesaid. Provided that the fines made or to be made therefor, and other things belonging to us therefrom, be converted to our use, as is just.

Witness the King at Westminster, 12 June.

By the council

17. APPLICATION OF FINES FOR EXCESSIVE WAGES TO THE SUBSIDY OF A FIFTEENTH [_Subsidy Roll_, 107, 41.], 1351-2.

Hundred of Winstree.

From the town of East Mersea, 46s. 4-3/4d., from fines of workmen of the same town.

From the towns of West Mersea and Fingringhoe, 4l. 8s. 11-3/4d., from fines of workmen of the same town (_sic_).

From the towns of Peldon and Abberton, 44s. 7-1/2d., from fines of workmen of the same town _(sic_).

From the towns of Wigborough, Great and Little, 62s. 2d., whereof the fifteenth is 12d., the fines of workmen 61s. 2d.

From the town of Layer de la Hay, 32s. 9-3/4d., whereof the fifteenth is 2s. 9-3/4d., the fines of workmen 30s.

From the town of Layer Breton with Salcott, Virley, 46s. 6d. whereof the fifteenth is 16s. 6d., the fines of workmen 30s.

From the town of Layer Marney, 28s. 7-1/4d., whereof the fifteenth is 18s. 7-1/4d., the fines of workmen 10s.; whereof, of the fifteenth, the goods of Robert de Marny[215] in the same town [contribute] 10s.

From the town of Langenhoe, 40s. 1d., from the excess of fines of workmen of the same towns (_sic_).

Sum of this hundred, 19l. 10s. 2d., whereof from the fifteenth [arises] 38s. 11d.. from fines of workmen 17l. 11s. 3d.[216]

[Footnote 215: His lands were for the time being in the King's hand as an escheat.]

[Footnote 216: Note that in half the towns in this hundred the inhabitants' share of the subsidy is wholly covered by the fines. The ordinance and statute were enforced in Essex more severely than elsewhere.]

18. LABOUR LEGISLATION; THE STATUTE OF 12 RICHARD II. [_Statute Roll, 2, mm. 13, 12_], 1388.[217]

_c._ 3. Further it is agreed and assented that all the Statutes of artificers, labourers, servants and victuallers made as well in the time of our lord the King that now is as in the time of his noble grandfather, whom God assoil, not repealed, be straitly holden and kept and duly executed, and that the said artificers, labourers, servants and victuallers be duly judged by the justices of the peace as well at the suit of the King as of the party, according as the said Statutes require; and that the mayors, bailiffs, and stewards of lords and constables of towns duly do their offices touching such artificers, servants, labourers, and victuallers, and that stocks be in every town for the punishment of the same servants and labourers, as is ordained in the Statutes aforesaid. And furthermore it is ordained and assented that no servant or labourer, be it man or woman, depart at the end of his term out of the hundred, rape or wapentake where he is dwelling, to serve or dwell elsewhere, or by colour of going afar on pilgrimage, unless he carry a letter patent containing the cause of his going and the time of his return, if he ought to return, under the King's seal that shall be assigned hereto and delivered into the keeping of some good man of the hundred or hundreds, rape or wapentake, city and borough, who shall keep the same according to the discretion of the justices of the peace, and lawfully make such letters when need be, and in no other wise on his oath, and that around the said seal be written the name of the county and across the said seal the name of the said hundred, rape, wapentake, city or borough; and if any servant or labourer be found in a city, borough or elsewhere, coming from any place, wandering without such letter, he shall be taken forthwith by the said mayors, bailiffs, stewards or constables and put in the stocks and kept until he have found surety to return to his service or to serve or labour in the town from which he comes, until he have such letter for departing with reasonable cause; and be it remembered that a servant or labourer may freely depart from his service at the end of his term and serve elsewhere, so that he be in certainty with whom, and have such letter as above; but it is not the intent of this ordinance that servants who ride or go on the business of their lords or masters be comprehended within this ordinance during the time of the same business; and if any carry such letter which can be found to be forged or false, he shall go to prison for forty days for the falsity, and further until he have found surety to return and serve and labour as aforesaid. And that none receive a servant or labourer going forth from their hundreds, rape, wapentake, city or borough, without letter testimonial or with a letter, for more than one night, unless it be by reason of illness or other reasonable cause, or unless he will and can serve and labour there by the same testimony, on a penalty to be limited by the justices of the peace; and that as well artificers and craftsmen as servants and apprentices, who are not of great account and of whose craft or mistery men have no great need in time of harvest, be forced to serve in harvest at cutting, gathering and bringing in the corn; and that this statute be duly executed by mayors, bailiffs, stewards and constables of towns on a penalty to be limited and adjudged by the said justices of the peace in their sessions, and that none take above 1d. for making, sealing and delivering the said letter.

_c._ 4. And furthermore, because servants and labourers will not and for long time have not been willing to serve and labour without outrageous and excessive hire and much greater than has been given to such servants and labourers in any time past, so that for dearth of the said labourers and servants, husbandmen and tenants of land cannot pay their rents or hardly live on their lands,[218] to the exceeding great damage and loss as well of the lords as of the whole commons; and also because the wages of the said labourers and servants have not been put in certainty before these times; it is agreed and assented that the bailiff for husbandry take 13s. 4d. a year and his clothing once a year at most, the master hind 10s., the carter 10s., the shepherd 10s., the ox-herd 6s. 8d., the cow-herd 6s. 8d., the swineherd 6s., the woman labourer 6s., the dairymaid 6s., the ploughman 7s. at most, and every other labourer and servant according to his degree, and less in the country where less is wont to be given, without clothing, bounty (_curtoisie_) or other reward by covenant.[219] And that no servant of artificers or victuallers within cities, boroughs or other towns take more than the labourers and servants above named according to their estate, without clothing, bounty or other reward by covenant, as is said above. And if any give or take by covenant more than is specified above, at the first time that they shall be attainted thereof they shall pay, as well the givers as the takers, the value of the excess so given or taken, and at the second time of their attainder, double the value of such excess, and at the third time treble the value of such excess; and if the taker so attainted have nothing wherewith to pay the said excess, he shall go to prison for forty days.

_c._ 5. Further it is ordained and assented that he or she who is employed in labouring at the plough and cart or other labour or service of husbandry until they be of the age of 12 years shall remain thenceforward at that labour without being put to a mistery or craft; and if any covenant or bond of apprentice be made henceforth to the contrary it shall be holden for nought.

_c._ 6. Further, it is agreed and assented that no servant of husbandry or labourer or servant of an artificer or victualler carry henceforward baslard, dagger or sword, on pain of forfeiture of the same, except in time of war for defence of the realm, and then by survey of the arrayers for the time being, or when travelling through the country with their masters or on a message of their masters; but such servants and labourers shall have bows and arrows and use them on Sundays and feast days, and entirely forsake games of ball as well hand as foot and the other games called quoits, dice, casting the stone, skittles and other such unsuitable games; and that the sheriffs, mayors, bailiffs and constables have power to arrest and do arrest all the contraveners hereof and the baslards, daggers and swords aforesaid, and to seize and keep the said baslards, daggers and swords until the session of the justices of the peace, and present them before the said justices in their sessions together with the names of those who carried them. And it is not the King's intent that prejudice be done to the franchises of lords touching the forfeitures due to them.

_c._ 7. Further, it is agreed and assented that touching every man who goes begging and is able to serve or labour, it be done with him as with him who departs out of hundreds and other places aforesaid without a letter testimonial, as is said above, excepting people of religion and hermits approved, having letters testimonial of the ordinaries. And that beggars unable to serve remain in the cities and towns where they are dwelling at the time of the proclamation of this Statute; and that if the people of the said cities or towns will not or cannot suffice to find them, the said beggars withdraw to the other towns within the hundred, rape or wapentake, or to the towns where they were born, within forty days after the said proclamation be made, and dwell there continually for their lives. And that with all those who go on pilgrimage as beggars and are able to labour it be done as with the said servants and labourers, if they have not letters testimonial of their pilgrimage under the seals aforesaid. And that the clerks of the Universities who go begging thus have letters testimonial of their chancellor on the same penalty.

_c._ 8. Further, it is ordained and assented that those who feign themselves to be men that have travelled out of the realm and have been there imprisoned carry letters testimonial of the captains where they have dwelt, or of the mayors and bailiffs where they make their landing, and that the same mayors and bailiffs enquire of such folk where they have dwelt and with whom and in what place is their dwelling in England; and that the same mayors and bailiffs make them a letter patent under the seal of their office testifying the day of their landing and where they have been, as they have said; and that the said mayors and bailiffs make them swear to keep their right way to their country, unless they have a letter patent under the King's great seal to do otherwise. And that if any such travelled man be found without such letter, it be done with him as with the servants and labourers aforesaid; and this ordinance shall be applied to travelled men who go begging through the country after their landing.

_c._ 9. Further it is ordained and assented that the aforesaid ordinances of servants and labourers, beggars and vagrants, hold good and be executed as well in cities and boroughs as in other towns and places within the realm, as well within franchise as without. And that the sheriffs, mayors and bailiffs and keepers of gaols shall be bound and charged to receive the said servants, labourers, beggars and vagrants, and to detain them in prison in the form aforesaid, without letting them to mainprise or bail and without taking fee or aught else from them by themselves or by others, as long as they be thus in prison or at their entry in or issue from the same prison, on pain of paying 100s. to the King.

_c._ 10. Further, it is ordained and assented that in every commission of the justices of the peace there be assigned only six justices beside the justices of assize, and that the said six justices hold their sessions in every quarter of the year at least, and this for three days if need be, on pain of being punished according to the advice of the King's council at the suit of every man who will make plaint, and enquire diligently, among other things touching their offices, if the said mayors, bailiffs, stewards and constables and also gaolers have duly made execution of the said ordinances and statutes of servants and labourers, beggars and vagrants, and punish those who are punishable by the said penalty of 100s. on the same penalty, and punish at their discretion those who are found in fault who are not punishable by the said penalty; and that every of the said justices take for his wages 4s. a day for the time of their said sessions, and their clerk 2s. a day, from the fines and amercements arising and forthcoming from the same sessions, by the hands of the sheriffs; and that the lords of franchises be contributors to the said wages according to the proportion of their part of the fines and amercements aforesaid; and that no steward of a lord be assigned in any of the said commissions, and that no association be made to the said justices of the peace[220] after their first commission. And it is not the intent of this statute that the justices of the one Bench and of the other and the serjeants at law, in case they be named in the said commissions, be bound by force of this statute to hold the said sessions four times a year as are the other commissioners, who are continually dwelling in the country, but that they do it when they can well attend hereto.

[Footnote 217: This statute is perhaps the most important of all the enactments relating to labourers between the Black Death and the reign of Elizabeth. It distinguishes between the impotent poor and the able-bodied vagabonds, and, besides establishing Quarter sessions, and fixing maximum wages, is the basis of all subsequent Vagrancy and Poor Law legislation. For printed text see Statutes of the Realm, Vol II., 56-59.]

[Footnote 218: It is the small man, as well as the great lord, who is injured by the wage-labourers' demands.]

[Footnote 219: Compare the wages here allowed with those set out below, No. 19.]

[Footnote 220: _i.e._ No additions made to the commission.]

19. LABOUR LEGISLATION; A BILL IN PARLIAMENT, 23 HENRY VI [_Rot. Parl. 23 Henry VI, m. 4, No. 19_], 1444-5.

Prayen the Commons of this present Parliament that where the common people of this realm is greatly annoyed because of sudden departing of servants of husbandry from their masters at the end of their terms without due warning made unto their said masters, where if such warning were had they might be purveyed of other servants against the end of their term, and also because that justices of peace many times by favour, prayer or commandment, set so little and so easy fines upon such as be convict before them, that many dread not the execution of the law but greatly are emboldened to offend:

That it like the King our Sovereign Lord to ordain by authority of this present Parliament that every servant of husbandry purposing to depart from his master at the end of his term, at the middle of his term or else before make covenant with another man to serve him for the next year, if he be in such case as the law will compel him to serve, the same covenant to be made in the presence of the constables of the towns where such servants at that time be in service; and that the said servant and he that shall so make covenant with him, in presence of the said constables, at the middle of the said term or before, warn the master of the said servant of the said covenant so newly made, so that the same master may purvey him another servant against the end of his term; and if any covenant with any such servant be made in other wise, or that such warning in manner and form abovesaid be not had, the same covenant be void, and the said servant be compelled to serve his former master still for the next year, but if[221] any lawful and reasonable cause being of later time shall require the contrary; also that the salaries and wages of servants, labourers and artificers, exceed not the assessing that followeth, that is to say, the salary of a bailiff of husbandry by year 23s. 4d. and clothing price of 5s. with meat and drink; of a chief hind, a carter, a chief shepherd, 20s. and clothing price of 4s. with meat and drink; a common servant of husbandry 15s. and clothing price of 40d.; a woman servant 10s. and clothing price of 4s. with meat and drink; a child within age of 14 years 6s. and clothing price of 3s. with meat and drink; the same form be observed of salaries of servants with hostlers, victuallers and artificers in cities, boroughs, and elsewhere being, and such as less deserve, less to take, and also in places where less is used to be given, less to be given hereafter. And that from the feast of Easter unto Michaelmas the wages of any freemason or master carpenter exceed not by the day 4d. with meat and drink, and without meat and drink 5-1/2d.; a master tiler or slater, rough mason and mean carpenter and other artificers concerning building, by the day 3d. with meat and drink, and without meat and drink 4-1/2d.; and every other labourer by the day 2d. with meat and drink, and without meat and drink 3-1/2d. And from the feast of Michaelmas unto Easter a freemason and a master carpenter by the day 3d. with meat and drink, and without meat and drink 4-1/2d.; tiler, mean carpenter, rough mason and other artificers aforesaid, by the day 2-1/2d. with meat and drink, and without meat and drink 4d.; and every other workman and labourer by the day 1-1/2d. with meat and drink, and without meat and drink 3d.; and who that less deserves, to take less; provided that the said assessing extend not to labourers in time of harvest about harvest labour, in which the wages of a mower exceed not by the day 4d. with meat and drink, and without meat and drink 6d.; a man reaper or carter 3d. by the day with meat and drink, and without meat and drink 5d.; a woman labourer and other labourers in harvest by the day 2-1/2d. with meat and drink, and without meat and drink 4-1/2d.; and such as are worth less, less to take, and in places where less is used to be taken, less be taken hereafter; and that no artificer, workman or labourer take anything for any holiday nor for no workday, except after the rate of the time of the day in which he labours; and if any person refuse to serve or labour according to the premises, that every justice of the peace in their shires have power at every time to call them to examination thereof, and such as they find defective to commit to prison, there to abide till they have found surety sufficient to serve and labour in form by law required; and if any servant, artificer, workman or labourer, do contrary to the premises or deny his service, occupation or labour, by reason of no giving wages or salaries contrary to this statute, that he lose to the party that will sue in this part 20s.; and that the givers of excessive salaries or wages run in the same pain ...

Further, that the justices of peace assess no fine upon any that shall be convict before them of things done against any Statute of Labourers or Artificers or by that cause shall put him in the King's grace, beneath 3s. 4d. ...[222]

[Footnote 221: _i.e._ Unless.]

[Footnote 222: This bill became a Statute (_Stat._ 23 _Henry VI. c._ 12).]

20. ORGANISATION OF THE STAPLE[223] [_Patent Roll_,6 _Edward II, p._ 2, _m._ 5], 1313.

The King to all to whom, etc., greeting. Know ye that whereas before these times divers damages and grievances in many ways have befallen the merchants of our realm, not without damage to our progenitors, sometime Kings of England, and to us, because merchants, as well denizen as alien, buying wools and woolfells within the realm aforesaid and our power, have gone at their pleasure with the same wools and fells, to sell them, to divers places within the lands of Brabant, Flanders and Artois: We, wishing to prevent such damages and grievances and to provide as well as we may for the advantage of us and our merchants of the realm aforesaid, do will and by our council ordain, to endure for ever, that merchants denizen and alien, buying such wools and fells within the realm and power aforesaid and wishing to take the same to the aforesaid lands to sell there, shall take those wools and fells or cause them to be taken to a fixed staple to be ordained and assigned within any of the same lands by the mayor and community of the said merchants of our realm, and to be changed as and when they shall deem expedient, and not to other places in those lands in any wise: granting to the said mayor and merchants of our realm aforesaid, for us and our heirs, that the mayor and council of the same merchants for the time being may impose upon all merchants, denizen and alien, who shall contravene the said ordinance and shall be reasonably convicted thereof by the aforesaid mayor and council of the said merchants, certain money penalties for those offences, and that such money penalties, whereof we or our ministers shall be informed by the aforesaid mayor, shall be levied to our use from the goods and wares of merchants so offending, wheresoever they shall be found within the realm and power aforesaid, by our ministers, according to the information aforesaid and the assessment thereof to be made by the mayor himself, saving always to the said mayor and merchants that of themselves they may reasonably chastise and punish offending merchants, if their goods and wares chance to be found in the staple aforesaid outside our realm and power aforesaid, without interference or hindrance on the part of us or our heirs or our ministers whomsoever, as they have hitherto been wont to do. In witness whereof etc. Witness the King at Canterbury, 20 May.

By the King himself.

[Footnote 223: This document, afterwards referred to as the Staplers' charter (_cf Patent Roll_, _13 Edward II, m. 19 d_), contains the earliest reference in the English records to an organised body of wool merchants with a mayor and council; it is clear from the last words of the ordinance that both Staple and Staplers were older than the royal interest in them.]

21. ARGUMENTS FOR THE ESTABLISHMENT OF HOME STAPLE TOWNS [_Exch. K.R. Accounts_, 457, 32.], 1319.

London. Whereas our lord the King by his writ has signified to us that in particular in his Parliament last holden at York debate was raised touching the establishment of certain places within his realm whereat sales and purchases of wools should be made and not elsewhere; which business (which should turn to the profit of our said lord and of the people of his realm) and also the fixing of the places most convenient herefor, through certain disturbances,[224] remained undetermined; and signified also that divers moneys counterfeiting the coin of our said lord are brought by foreign people into his realm to the subversion of his money and to the prejudice of our said lord; whereon our lord the King wishes to have our advice and counsel; we do him to wit that in full treaty and discussion with divers merchants, citizens and burgesses of the realm, we have agreed, if it please our lord the King, that there be two places established for the said sales and purchases, namely, one on this side Trent, and another beyond, which places should fulfil the conditions below-written, that is to say, the places should be strong, well situated and secure for the repair of foreign merchants and the safety of their persons and their goods, and there should be ready access for all manner of merchandise, an exchange good, easy and prompt, and a good and convenient haven in the same places; and that the law and usages and franchises, which merchants repairing to the Staple in these times have had and used, they should use and enjoy henceforth at the places where they shall be, without being drawn into another law or another custom; and that the foreigners who shall come to the said places go not further in the realm nor send privily or openly by any manner of people to make any purchase of wools elsewhere than at the places established; and hereby the towns of our said lord which are now decayed and impoverished will be restored and enriched. If it be established in the form above written, it will befal to the great profit of our lord the King and of all his realm; principally, by the security of the persons and goods of merchants and other people of the realm, whom in these times death, robberies and other damages without number have in large measure befallen; and also by the increase of the profit of the change of our lord through the plate and bullion which shall be brought there; and also by the drawing of all manner of merchants and their merchandise that shall come there; moreover, owing to the great treasure of the goods of England that is and remains in the power of aliens, tort, trespass, robberies, and homicide cannot be readily redressed nor rightly punished in our parts on this side the sea for fear of the persons and goods which the aliens have in their power[225], whereby they are enriched and emboldened to maintain the mortal enemies of the King, and comfort them with people, arms and victuals; and by the ordinance aforesaid the merchants and the people of our said lord, to whom he can resort when need be, will be enriched, and the enemies of the King impoverished and all alien merchants in his subjection, and other profits without number will arise, which we cannot by any means fully show forth. With regard to money, if it please our lord, let it not be suffered to be brought from the parts beyond the sea, save only gold, plate and bullion; and to do away with the counterfeit money current among the good, wheresoever it be found, let it be pierced and sent to the change.[226]

[Footnote 224: The struggle with Thomas, earl of Lancaster.]

[Footnote 225: _i.e._, through fear of malicious reprisals abroad; it is urged apparently that by the establishment of staples at home English merchants will stay in the realm and enjoy the profits of commerce without undertaking the risks. The policy of exclusive home staples was thrice attempted without success, in 1326, 1332 and 1353.]

[Footnote 226: Endorsed is a list of counties whose representatives agree to the foregoing advice, namely, Middlesex, Essex, Hertford, Buckingham, Bedford, Oxford, Berks, Gloucester, Hereford, Worcester, Salop, Stafford, Chester and Warwick, together with London and Stamford.

The arguments presented above were the outcome of a conference between the council, and representatives of cities and boroughs and of the merchants throughout the realm. See Eng. Hist. Rev., Jan. 1914.]

22. ORDINANCES OF THE STAPLE [_Patent Roll_, _19 Edward II, p. 2, m. 8_], 1326.

Edward, etc., to the mayor of our city of London, greeting. We command you, straitly enjoining, that the things below written, ordained by us and our council for the common profit and relief of the people of all our realm and power, you cause to be proclaimed and published and straitly kept and observed in our city aforesaid and everywhere in your bailiwick.

First, that the staple of the merchants and the merchandise of England, Ireland and Wales, namely, of wools, hides, woolfells and tin, be holden in the same lands and nowhere else, and that too in the places below written, that is to say, at Newcastle upon Tyne, York, Lincoln, Norwich, London, Winchester, Exeter, and Bristol, for England, Dublin, Drogheda and Cork, for Ireland, Shrewsbury, Carmarthen and Cardiff, for Wales. And for the tin of Cornwall, at Lostwithiel and Truro. And for the tin of Devonshire, at Ashburton, and not elsewhere in England, Ireland or Wales.

And that all alien people there and not elsewhere in England, Ireland or Wales, may freely buy and seek wools, hides and fells and other merchandise, and tin in Ashburton, Lostwithiel and Truro, and not elsewhere, and when they have bought their merchandise at the said places and in the form abovesaid and paid their customs, and have thereon letters sealed with the seal of the cocket[227], they may carry the said wools, hides, fells, tin and other merchandise into what land soever they will, if it be not into a land that is at war or enmity with us or our realm. And that the merchant strangers be warned hereof.

And that no alien by himself or another privily or openly may buy elsewhere wools or other merchandise abovesaid except at the said places, upon forfeiture of the wools or other merchandise abovesaid which he shall have so bought.

And that the merchants of England, Ireland and Wales, who wish to carry wools, hides, fells or tin out of the staples to be sold elsewhere, may not carry them from the staples out of our power until they have remained fifteen days at any of the staples to sell them, and then they may go with the said merchandise whither they will, without making or holding a staple anywhere out of the said lands or within the said lands elsewhere than at the places abovesaid.

And that all people of England, Ireland and Wales, may sell and buy wools and all other merchandise anywhere that they will in the said lands, so that the sale be not made to aliens except at the staple. And that wools, hides, fells and tin be nowhere carried out of the said lands by aliens or denizens except from the staples aforesaid.

And that the merchants of our power make not among themselves any conspiracy or compact to lessen the price of wools or other merchandise abovesaid, or to delay merchant strangers in the purchase or sale of their merchandise, and that those who shall do so and can be attainted hereof be heavily punished according to the ordinance of us and of our good council. And that every man be admitted on our behalf who will sue to attaint and punish such, and that such suit be made before our Chief Justices or others whom we will assign hereto and not elsewhere. And that the merchants and the people of Gascony and of the duchy of Aquitaine, who now are or for the time shall be of the fealty and obedience of us or of our son and heir[228], be holden as denizens and not as aliens in all these affairs.

And that all merchants, native and strangers, be subject to the law merchant in all things that touch trafficking at the places of the staples.

And that no man or woman of a borough or city, nor the commons of the people outside a borough or city in England, Ireland or Wales, after Christmas next coming, use cloth of their own buying that shall be bought after the said feast of Christmas, unless it be cloth made in England, Ireland or Wales, upon heavy forfeiture and punishment, as we by our good council will ordain hereon. And be it known that by the commons in this case shall be understood all people except the King and Queen, earls and barons, knights and ladies and their children born in wedlock, archbishops and bishops and other persons and people of Holy Church, and seculars, who can spend yearly from their rents 40l. sterling, and this so long as it please us by our good council further to extend this ordinance and prohibition.

And that every man and woman of England, Ireland and Wales, may make cloths as long and as short as they shall please.

And that people may have the greater will to work upon the making of cloth in England, Ireland and Wales, we will that all people know that we shall grant suitable franchises to fullers, weavers, dyers and other clothworkers who live mainly by this craft, when such franchises be asked of us.

And that it be granted to the wool-merchants that they have a mayor of the staples abovesaid.

And that all merchant strangers may have the greater will to come into our power and may the more safely stay and return, we take them, their persons and goods, into our protection. And we forbid, upon heavy forfeiture, that anyone do them wrong or injury in person or goods, while they be coming, staying or returning, so that if anyone do them injury contrary to this protection and prohibition, those of the town to which the evildoers shall belong shall be bound to answer for the damages or for the persons of the evildoers, and that the mayor or bailiffs of the town where the shipping is take surety for which they will answer at their peril from the sailors of the same shipping every time that they shall go out of the havens, that they will not do evil or misbehave towards any man contrary to these articles.

In witness whereof we have caused these our letters to be sealed with our seal. Given at Kenilworth, 1 May.

[Footnote 227: The seal used by the customers.]

[Footnote 228: Prince Edward was created duke of Aquitaine on September 10, 1325. _Pat. 19 Edward II, p. 1, m. 25._]

23. THE ELECTION OF THE MAYOR AND CONSTABLES OF A STAPLE TOWN [_Chancery Files_, 582], 1358.

To the reverend father in Christ William by divine permission bishop of Winchester and Chancellor of the illustrious lord the King of England and France, his humble mayor and constables and the whole community of merchants of the staple of the lord the King at Westminster, greeting with all reverence and honour. Let your reverend lordship deign to know that on the feast of the Translation of St. Thomas the Martyr[229] in the 32nd year of the reign of the aforesaid lord the King of England after the Conquest, all the merchants, as well alien as denizen, who frequent the said staple, being assembled for the election of a mayor and constables of the same staple for the coming year, as custom is, beginning at the feast of St. Peter's Chains[230] next coming, with unanimous assent and consent we elected Adam Fraunceys to be mayor, and John Pyel and John Tornegeld to be constables of the staple aforesaid for the coming year. May your lordship fare well through time to come. Given in the said staple of Westminster the last day of July in the 32nd year of the reign of King Edward the Third after the Conquest of England[231].

[Footnote 229: July 7.]

[Footnote 230: August 1.]

[Footnote 231: Ratified by the Crown on July 16 (_Pat. Supp._, 22 _m._ 12).]

24. ROYAL LETTERS PATENT OVERRULED BY THE CUSTOM OF THE STAPLE [_Early Chancery Proceedings, 11, 289_], _c._ 1436.

To the reverend father in God the Bishop of Bath, Chancellor of England.

Meekly beseecheth your servant, Hugh Dyke, that whereas our lord the King on the second day of December in the fourteenth year of his reign, considering the great kindness which the said Hugh, William Estfield and Hammond Sutton did to him, and specially for that they then granted to lend to our said lord the King the sum of 8,000 marks, and our said lord the King wishing graciously to favour the same William, Hammond and Hugh in this behalf, by his letters patent, by the advice and assent of his council in his Parliament, granted and gave license to the same William, Hammond and Hugh, that in the sale of their wools at the town of Calais they should be preferred before all other merchants there to the value of the sum aforesaid, and that they and every of them, or others in their name whom the said William, Hammond and Hugh would name hereto, might freely sell their wools aforesaid to the value aforesaid within your said town to what person soever and in what manner soever they should wish, before the other merchants aforesaid, and retain by them the sums forthcoming thence without any restriction or partition to be made thereof in the Staple of Calais among the merchants of the same, any statute or ordinance made to the contrary notwithstanding, as is more fully contained in the said letters; and although one Thomas Ketyll, servant to the said Hugh, at the commandment and will of his master, sold a sarpler of wool to a stranger for the sum of 12l. 5s., to have and enjoy to him without any restriction or partition to be made thereof, as parcel of the sum aforesaid, nevertheless Thomas Thurland of Calais, because the said Thomas Ketyll would not deliver the said sum of 12l. 5s. to put the same in partition in the Staple, put him in prison and detained him for a long time contrary to the tenour of the letters aforesaid to the prejudice of our lord the King and the great damage and loss of the said Hugh and Thomas Ketyll. Wherefore please it your benign grace to grant a writ of _subpoena_ directed to the said Thomas Thurland to appear before you in the Chancery of our lord the King upon pain of 30l. to answer as well our lord the King as the said Hugh and Thomas Ketyll touching the premises, and to do right to the parties, by way of charity.

25. PROHIBITION OF EXPORT OF MATERIALS FOR MAKING CLOTH [_Guildhall, Letter-Book E, f. 167_],[232] 1326.

Edward by the grace of God, King of England, etc., to our well-beloved Hamon de Chigewelle, Mayor of our city of London, greeting. We have read the letters that you have sent us, in the which you have signified unto us that Flemings, Brabanters and other aliens have been suddenly buying throughout our land all the teasels that they can find; and also are buying butter, madder, woad, fullers' earth, and all other things which pertain to the working of cloth, in order that they may disturb the staple and the common profit of our realm; and further, that you have stopped twenty tuns that were shipped and ready for going beyond sea, at the suit of good folks of our said city; upon your doing the which we do congratulate you, and do command and charge you, that you cause the said tuns well and safely to be kept; and if any such things come into our said city from henceforth, to be sent beyond sea by merchants aliens or denizens, cause them also to be stopped and safely kept, until you shall have had other mandate from us thereon; and you are not to allow any such things to pass through your bailiwick, by reason whereof the profit of our staple may be disturbed. We have also commanded our Chancellor, that by writs under our Great Seal he shall cause it everywhere to be forbidden that any such things shall pass from henceforth out of our realm, in any way whatsoever. Given under our Privy Seal at Saltwood the 21st day of May, in the 19th year of our reign.

[Footnote 232: Printed in Riley, Memorials, 149.]

26. COMMERCIAL POLICY [_Political Songs and Poems_, _Rolls Series_, II, 282], _temp._ Edward IV.

For there is no realm in no manner degree But they have need to our English commodity; And the cause thereof I will to you express, The which is sooth as the gospel of the mass.

Meat, drink and cloth, to every man's sustenance They belong all three, without variance. For whoso lacketh any of these three things, Be they popes or emperors, or so royal kings,

It may not stand with them in any prosperity; For whoso lacketh any of these, he suffereth adversity; Whiles this is sooth by your wits discern Of all the realms in the world this beareth the lantern.

For of every of these three by God's ordinance, We have sufficiently unto our sustenance, And with the surplusage of one of these three things We might rule and govern all Christian kings.

For the merchants come our wools for to buy Or else the cloth that is made thereof surely, Out of divers lands far beyond the sea, To have this merchandise into their country.

Therefore let not our wool be sold for nought, Neither our cloth, for they must be sought; And in especial restrain straitly the wool, That the commons of this land may work at the full.

And if any wool be sold of this land, Let it be of the worst both to free and bond, And none other in [no] manner wise, For many divers causes, as I can devise.

If the wool be coarse, the cloth is mickle the worse, Yet into little they put out of purse As much for carding, spinning and weaving, Fulling, roving, dyeing and shearing;

And yet when such cloth is all ywrought, To the maker it availeth little or nought, The price is simple, the cost is never the less, They that worketh such wool in wit be like an ass.

For and ye knew the sorrow and heaviness Of the poor people living in distress, How they be oppressed in all manner of thing, In giving them too much weight into the spinning.

For nine pounds, I ween, they shall take twelve, This is very truth, as I know myself; Their wages be bated, their weight is increased, Thus the spinners' and carders' avails be all ceased.

27. THE PERILS OF FOREIGN TRAVEL [_Court Roll, 178, 104, m. 3d._],[233] 1315.

The King sent his writ to the bailiffs of the abbot of Ramsey of the fair of St. Ives in these words:--Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to the bailiffs of the abbot of Ramsey of the fair of St. Ives, greeting. Whereas, on the frequent complaint of our beloved cousin, Alice countess Marshal, representing to us that lately by our licence she caused a ship about to sail to the parts beyond seas to be laden with jewels of gold and silver and other her goods and chattels to the value of 2000l., to be taken thence to the said parts to await her coming there; and that John Crabbe, master of a ship of The Mew, Miles of Utenham, Christian Trilling, Crabekyn, nephew of John Crabbe, John Labay and John Winter, together with certain other evildoers of the parts of Flanders, met the aforesaid ship so laden on its way towards the said parts on the sea between Boulogne and Whitsand, and in hostile manner took and carried away the same ship so laden with cloths, jewels and other goods aforesaid, and still detain the same jewels and goods of the aforesaid countess, to her no small damage and loss: we many times requested Robert, count of Flanders, by our special letters to hear the plaint of the aforesaid countess on the premises, to be set forth to the same count by her or her proctor or attorney in this behalf, and thereupon to cause full justice to be done to her touching the said cloths, jewels and other goods so carried off; whereupon the same count afterwards wrote back to us, saying that he had caused certain of the aforesaid evildoers to be punished, and was ready to hand over the others whom he might secure to due punishment, as reason should permit. But, because the aforesaid count delayed to show justice to the said countess touching the restitution of the cloths, jewels and goods aforesaid according to the form of our aforesaid requests, we afterwards thought fit to require him divers times by our special letters to cause due restitution or suitable satisfaction, as right should require, to be made to the same countess for the cloths, jewels, goods and chattels aforesaid. And though the count has received our letters aforesaid and has been many times requested with great diligence on behalf of the same countess by her attorneys or proctors to cause full justice to be done to her in the premises, nevertheless he has neglected to do anything therein at such our requests, although a great part of the same goods had come into his hands, but has altogether failed to show her justice, as the mayor and aldermen of our city of London have made known to us by their letters patent sealed with their common seal.

We, refusing to refrain longer from causing the aforesaid countess to be provided with a remedy agreeable to right touching the recovery of her goods aforesaid, command you that you cause to be arrested without delay all goods and wares of the men and merchants of the power and lordship of the said count of Flanders, except the goods and wares of the burgesses and merchants of Ypres, which shall happen to be found within your bailiwick, to the value of 200l. in part satisfaction of the said 2000l., and to be kept under such arrest safely and without detraction or diminution, until you shall have other orders from us thereon; and that you make known to us plainly and openly under your seals what goods and of what sort you cause to be arrested on that account, and whose they are, and also the value thereof, returning to us this writ. For we have commanded the mayor and sheriffs of London to cause to be arrested without delay and to be kept under such arrest, until full satisfaction be made to the aforesaid countess of her said goods so carried off, the goods and wares of the men and merchants of the power of the said count within their bailiwick to the value of 1000l.; and the bailiffs of the town of Great Yarmouth to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Ipswich to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Lynn to cause the arrest of goods to the value of the 200l. residue. Witness myself at Westminster on the 24th day of April in the eighth year of our reign.

To which writ answer was made that no goods or chattels of the power and lordship of Robert, count of Flanders, were found in the fair of St. Ives after this writ was delivered to us. Therefore nothing at present has been done therein.

[Footnote 233: Printed in Selden Society Publications, Vol. 23, p. 93.]

28. GRANT OF LETTERS OF MARQUE AND REPRISALS [_Patent Roll_, 26 _Henry_ VI, _p. 1, m. 27_.], 1447.

The King to all to whom, etc., greeting. John Hampshire and Henry May, gentlemen, have shown to us that, whereas they, with twenty nine persons, merchants and mariners, our lieges, in the month of December in the twenty second year of our reign, in a ship called _Clement_ of Hamble, came out of our duchy of Normandy sailing to our realm of England, there came upon them thirty mariners of Brittany and took and carried away the goods and merchandise of the aforesaid John and Henry and other our lieges aforesaid to the value of 1336 marks, and their bonds, indentures and bills making mention of debts to the sum of 700 marks, and beyond this likewise took and carried away the whole tackling of the ship aforesaid and all their victuals found in the same ship, and inhumanly stripped the same John and Henry to their shirts and certain of our other said lieges as well of their shirts as of their other garments, and abandoned and left the said John and Henry and our other lieges abovesaid in the ship aforesaid, bereft and spoiled of all manner of tackling necessary and requisite for the safe conduct of the same ship, in the midst of the sea, in which ship the same John and Henry and the rest of our lieges aforesaid, labouring in tempest and various storms of the sea for three days and three nights together, and despairing of their life in regard to all human aid, and putting all hope and trust of their salvation wholly in God and the glorious Virgin Mary, at length, after the days and nights aforesaid were past, they arrived in port, at least a place of safety, by God's help; and although at the instance of the aforesaid John and Henry we have oft fitly requested our cousin the duke of Brittany by letters of our privy seal that he would cause the same John and Henry to be provided with due and just restitution to be had in this behalf, yet the same John and Henry, using all diligence with due and speedy suit made to the same our cousin in this behalf for three years and more, have not yet obtained and cannot in any wise obtain any restitution thereof, to the gravest expense and no small damage and burden to the same John and Henry; wherefore they have humbly and instantly made supplication to us that we would graciously deign to provide for relief to be made to them in this behalf: We, considering that justice is and has been against all conscience denied or at least delayed to the same John and Henry diligently suing for their right, and willing to make provision that justice or at least the execution of justice perish not in this behalf, as far as in us lies, by the inspiration of piety, therefore, graciously inclining to the supplication of the same John and Henry most benignly made to us in this behalf, have granted to the same John and Henry marque and reprisal, so that they, by themselves or their factors, attorneys or servants having or to have sufficient power from them, and, if the same John and Henry perchance die in the meantime, by their heirs and executors, may take and arrest the bodies, ships, vessels, goods, wares and merchandise of any subjects soever of the aforesaid duke, wheresoever they may be found within our realms, lordships, lands, powers and territories, as well on this side as beyond the sea, by land, sea or water, within liberties and without, to the value of the said 2036 marks, and lawfully and with impunity detain the same until full satisfaction shall have been made to them of that sum and of the whole and entire tackling of the ship aforesaid and of the victuals aforesaid or of the true value of the same, and of the damages, costs, outlays and expenses which they have reasonably sustained and will sustain on our behalf, and, for default of such satisfaction, that they may give, sell, alienate them and dispose and order thereof as with their own goods, as it shall seem to them best to be done, without hindrance, disturbance, vexation or annoyance at the hands of us or our heirs or the officers or ministers of us or our heirs whomsoever. And we give to all and singular our admirals, captains, castellans and their lieutenants and deputies, sheriffs, mayors, bailiffs, constables, searchers, wardens of seaports and other maritime places, masters and mariners of ships and other places whatsoever, and other our officers, ministers, lieges and subjects whomsoever, as well on this side as beyond the sea, by land, sea or water, wheresoever they be stablished, that they be intendant, counselling, aiding and respondent in the premises to the same John and Henry or their factors, attorneys, deputies or servants having or to have sufficient power from the same John and Henry, and, if they die as is aforesaid, then to their heirs or executors, as often as and when they be duly requested by the same John and Henry or either of them or the others aforesaid or any of them on our behalf. In witness, etc. Witness the King at Westminster, 26 September. By writ of privy seal and of the date, etc.[234]

[Footnote 234: For an earlier measure for the protection of shipping, see below, Section VII., No. 2.]

29. GRANT OF LIBERTIES TO THE MERCHANTS OF DOUAI [_Charter Roll_, 45 _Henry_ III, _m. 4, No. 32_.], 1260.

The King to archbishops, etc. Know ye that we have granted and by this our charter have confirmed for us and our heirs to our beloved burgesses and merchants of Douai that for ever throughout the whole of our land and power they have this liberty, to wit, that they or their goods, found in any place soever in our power, shall not be arrested for any debt for which they are not sureties or principal debtors, unless by chance such debtors be of their commune and power, having goods wherefrom they can make satisfaction for their debts in whole or in part, and unless the burgesses of Douai, by whom that town is governed, fail in justice to those who are of our land and power, and this can be reasonably ascertained; and that the said burgesses and merchants for ever be quit of murages on all their goods, possessions and merchandise throughout our whole realm; and that the burgesses and merchants aforesaid shall not lose their chattels and goods found in their hands or deposited elsewhere by their servants, so far as they can sufficiently prove them to be their own, for the trespass or forfeiture of their servants; and also if the said burgesses and merchants or any of them die within our land and power testate or intestate, we or our heirs will not cause their goods to be confiscated so that their heirs should not entirely have them, so far as the same be proved to be the chattels of the said deceased, provided that sufficient knowledge or proof be had touching the said heirs; and that they with their merchandise may safely come into our land and power and stay there, paying the due and right customs; so also that if at any time there be war between the King of the French or others and us or our heirs, they be forewarned to depart from our realm with their goods within forty days. Wherefore we will and straitly command, for us and our heirs, that the aforesaid burgesses and merchants and their heirs for ever have all the liberties aforewritten throughout the whole of our land and power. And we forbid, upon our forfeiture of 10l., that any man presume to molest or annoy them in aught unjustly contrary to this liberty and our grant. These witnesses:--the venerable father H. bishop of London, Richard de Clare, earl of Gloucester and Hertford, Humphrey de Bohun, earl of Hereford and Essex, Hugh le Bygod, Philip Basset, Hugh le Despenser, our justiciar of England, James de Alditheleg, Roger de Mortuo Mari, John Maunsell, treasurer of York, Robert Walerand, and others. Given by our hand at Westminster, 24 November in the 45th year of our reign.[235]

The burgesses and merchants of Douai give the King 100 marks for this charter, which sum should be allowed in the 90l. in which the King is bound to them, whereof there is the King's writ of _liberate_ at the King's Exchequer; and the writ should be searched for and the 100 marks noted therein.

[Footnote 235: Charters of this character were granted at this period to almost every town of importance in England.]

30. ALIENS AT A FAIR [_Court Rolls, 178, 93, m. 3_], 1270. Court of Wednesday [14 May, 1270].

Gottschalk of Almain, burgess of Lynn, makes plaint of the communities of Ghent, Poperingen, Douai, Ypres and Lisle, as men of the countess of Flanders, to wit, that whereas the same Gottschalk caused 14 sacks of wool worth 140 marks to be brought from the realm of England to Bruges in Flanders, to trade with it there, and lodged the wool at the house of one Henry Thurold on Sunday next after Ash Wednesday in the forty-ninth year of the reign of King Henry, the bailiffs of the said countess came and arrested the said wool against the peace of the realm and still detain it. Wherefore the same Gottschalk, for the unjust detention of the wool aforesaid, made petition to the lord the King at Kenilworth and elsewhere until now; whereupon the lord the King many times directed his letters to the same countess, asking her to satisfy the same Gottschalk of the aforesaid wool or the price thereof, and she has hitherto neglected to do anything for the same Gottschalk, to his damage of 200 marks; and he produces suit. The aforesaid communities, being present, do not deny the accustomed words of the court[236] or the detention of the aforesaid wool or the damage of the aforesaid Gottschalk, but craved licence to consult forthwith on the matter and withdrew. And afterwards they came, making no defence against the charge of the said Gottschalk, but the men of Ypres presented a charter of certain liberties granted to them by the King's Court, stating that they should not be distrained for any debt unless they were the sureties or principal debtors. For the men of Lisle there came one Alard of Leeuw and showed a charter of the lord the King for himself only, stating that he should not be distrained unless he were a principal debtor or surety. Another man named Peter Blarie of Lisle says that he has no charter. The men also of the communities of Ghent and Douai[237] craved respite until Saturday to show their charters, which they say that they have from the King's Court, and that day was granted to them. The aforesaid Gottschalk, however, craved judgment for the default of the aforesaid merchants; and a day is given to the parties, to wit, to-morrow....

Be it remembered that Gottschalk of Almain, burgess of Lynn, gives to the lord a seventh part of all which he may recover against the communities of Ypres, Ghent, Douai, Poperingen and Lisle, to wit, of the 120 marks which he seeks for 14 sacks of wool detained to his damage of 200 marks.

[Footnote 236: _i.e._ "Tort and force."]

[Footnote 237: See No. 29 for the charter of Douai.]

31. CONFIRMATION OF LIBERTIES TO THE MERCHANTS OF ALMAIN [_Patent Roll_, 9 _Edward_ I, _m. 1_], 1280.

The King to all to whom, etc., greeting. Whereas the lord King Henry, our father, of famous memory, lately granted by his letters patent,[238] which we have inspected, at the instance of Richard, King of the Romans, our uncle, of good memory, to the merchants of the realm of Almain who have a house in the city of London commonly called the Gildhall of the Teutons, that he would maintain and protect them, all and singular, throughout the whole of his realm in all the same liberties and free customs which they have used and enjoyed in the times of him and his progenitors, and would not draw them nor in any wise permit them to be drawn out of such liberties and free customs, as is more fully contained in the letters aforesaid made thereon to the aforesaid merchants: We, wishing that favour to be continued to the same merchants, wish them to be maintained and protected in all the same liberties and free customs which they have used and enjoyed in the times of us and our progenitors, and we will not draw them or in any wise permit them to be drawn out of such liberties and free customs. In witness whereof, etc. Witness the King at Westminster, 18 November.

[Footnote 238: June 15, 1260. _Fædera I._, i. 398.]

32. ALIEN WEAVERS IN LONDON [_Guildhall, Letter-Book_ G, _f. 93_],[239] 1362.

Unto the most honourable Lords, and rightful, the Mayor and Aldermen of the City of London, humbly pray the Weavers alien working in the same City, that the points and Ordinances underwritten may be granted and allowed to them, for the common profit of the land and of the City and for the saving of their said trade.

In the first place, that three good folks of the weavers alien may be ordained and sworn to keep and rule their trade, and the points underwritten.

Also, that if any alien shall come to the said city to work in the said trade, and to make his profit, he shall do nothing in the same before he shall have presented himself to the Masters alien of the said trade, and by the said Masters have been examined if he knows his trade or not; and thereupon, let orders be given by the said Masters what he shall take by the day for his work.

Also that no one of the said trade of weavers alien shall be so daring as to work at the trade by night.

Also, that no one in the said trade shall work at the trade on Saturdays; or on the Eve of Double Feasts after None rung in the parish where he resides.

Also, if any workman has served his alien master by the day or by the week, and the said master will not pay the workman for his work, according as they shall have agreed, the good folks who shall be ordained and sworn to keep and rule their said trade, shall have power to forbid the said master to be so daring as to work at the said trade, until he shall have paid his workman what he is bound to pay him. And if he shall do the contrary, and be convicted thereof, let him pay to the Chamber the penalty that is underwritten.

Also, whereas heretofore, if any dispute occurred between a master alien in the said trade and his workman, such workman was wont to go to all the workmen within the City in the said trade, and by covin and conspiracy between them made, they would give orders that no one of them should work or submit to serve until the said master and his workman should have agreed; by reason whereof the masters of the said trade were in great trouble, and the people left unserved; it is ordered that, from henceforth if any dispute shall occur between any master alien and his workman in the said trade, the same dispute shall be rectified by the Wardens of the trade. And if any workman who shall have offended, or have misbehaved towards his master alien will not submit to be adjudged before the said Wardens, let such workman be arrested by a Serjeant of the Chamber at the suit of the said Wardens, and brought before the Mayor and Aldermen; and before them let him be punished, at their discretion.

Also, if any alien of the said trade shall be found doing mischief in the way of larceny, to the value of 12 pence; the first time, let him make amends to him against whom he shall have so offended, at the discretion of the Masters alien of the said trade. And if he shall be found guilty thereof a second time, let him be brought before the Mayor and Aldermen, and before them be punished according to his deserts.

Also if any alien of the said trade shall be found guilty in any point aforesaid, let him be amerced, the first time, in 40 pence, to the use of the Chamber; half a mark, the second time; 20 shillings the third time; and the fourth time, let him forswear the trade in the said city, and every time, let him also pay 12 pence to the Wardens for their trouble.

John le Grutteret and Peter Vanthebrok, Flemings, and John Elias, Brabanter, were chosen on the 23rd day of February in the 36th year and sworn to keep and oversee the Articles aforesaid, and the alien men of the same trade.

[Footnote 239: Printed in Riley, Memorials, p. 306]

33. THE HOSTING OF ALIENS [_Exch. K.R. Accounts, 128, 31, m. 15_], 1442.

This is the view of William Chervyle, surveyor and host ordained and deputed by Robert Clopton, late mayor of the city of London, upon John Mantel, captain of a carrack coming to Sandwich, and James Ryche, scrivan[240] of the said carrack, and James Douhonour, merchants, coming from Sandwich with the said carrack, to survey as well their merchandise found in their keeping and also coming afterwards, as the employment of the same, to wit, the said John Mantell and James Ryche between the 18th day of January, and James Dohonour between the 25th day of January in the 20th year of the reign of our sovereign lord King Henry the Sixth, until the feast of Michaelmas next following.

The merchandise coming and found in the said carrack of the said John Mantell and James Ryche and James Dohonour--

First, 14 butts of sweet wine.

Further, 30 barrels of the same sweet wine.

Further, 144 butts of sweet wine.

Further, 10 butts of currant raisins.

The merchandise sold by the said John Mantell, James Ryche and James Douhonour:--

First, sold in the month of February to the prior of Canterbury, I butt for 4l. 6s. 8d. Further, to John Brokley, 2 butts for 8l. 6s. 8d. Further, to Andrew Tye, 2 butts for 8l. Further, to John Style, 4 butts for 14l. Further, to Davy Selly, 3 butts for 12l. Further, to Richard Tremayne, 2 butts for 8l. Further, to John Chyppenham, 30 barrels for 16l. Further, sold in the month of March to Simon Eyre, 101 butts for 305l. Further, to John Style, 20 butts for 75l. Further, to John Style, 10 butts for 40l. Further, to Davy Selly, 4 butts for 16l. Further, to Thomas Greye, 3 butts for 11l. 10s. Further, to John atte Wode, 2 butts for 7l. Further, to John Bale, 4 butts for 16l. Further, to Harry Purchase, 3 butts of currant raisins for 29l. Further, to John Gybbe, 3 butts for 29l. Further, to Nicholas Wyfold, 3 butts for 31l. Further, to John Pecok, 1 butt [for] 9l. 10s. Sum of the said sales 639l. 13s. 4d.

The purchases made by the said John Mantell and James Ryche and James Dohonour for the employment of the merchandise aforesaid:--

First, bought of Simon Eyre, 200 cloths "westrons" for 305l. Further, of John Brokley, 40 yards of murrey in grain 18l. Further, of Henry Kempe, 5 cloths "Northamptons" 40l. Further, of Philip Malpas, 60 cloths "westrons" 90l. Further, of John Bale, 60 pieces of Suffolk "streyts" for 38l. Further, of William Dyllowe, 10 cloths "Northamptons" 60l. Further, of John Andreu, 8 cloths "Ludlowes" 16l. Further, of Thomas Grey, 1101 quarters of pewter for 15l. Further, of William ----, 40 cloths "westrons" 60l. Further, of John at Wode, 20 cloths "westrons" for 32l. Further, of John Style, 80 Suffolk "streyts" for 46l. Sum of the purchases aforesaid 745l.[241]

[Footnote 240: The scrivan (_i.e._, writer) had charge of the merchandise on board.]

[Footnote 241: This survey was made pursuant to Stat. 18 Henry VI. The result of the transaction would have delighted the "mercantile" theorist.]

34. AN OFFENCE AGAINST STAT. 18 HENRY VI. FOR THE HOSTING OF ALIENS [_Exch. K.R. Accounts, 128, 31, m. 28_], 1440.

I, Stephen Stychemerssh, citizen of the city of London, certify your reverences, the venerable and discreet barons of the Exchequer of the most excellent prince, our lord the King, and all whose interest it is, that on the fifth day of the month of April in the 18th year of the reign of King Henry the Sixth, there were assigned to me, the aforesaid Stephen, by Robert Large, then mayor of the city aforesaid, Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, their clerks, merchant strangers, to be under me, the aforesaid Stephen, as their host, to survey all and singular merchandise brought and hereafter to be brought by the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus into the city aforesaid and the suburbs of the same; and upon the assignment aforesaid so made by the aforesaid late mayor, I, the aforesaid Stephen Stychemerssh, went to the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus on the eighth day of April in the said 18th year in the parish of St. Peter in the ward of Bread Street, requiring them to be under my survey and governance according to the form of a Statute [published in the Parliament] holden at Westminster in the said 18th year; which Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, though often required by me and after the corporal pain of imprisonment had been inflicted by the aforesaid late mayor and other warnings put upon them, have altogether neglected and contemned and still neglect and contemn to obey or observe the aforesaid statute or ordinance, alleging for themselves certain letters patent[242] of the lord the king under his great seal to them and other merchants of Genoa of a licence granted to them by the said lord the King not to be under any such host, so that touching their merchandise brought from the said fifth day of the month of April or touching the sales of the same merchandise nothing at present has been done by me, nor could I have any knowledge thereof, contrary to the form of the statute or ordinance aforesaid.[243]

[Footnote 242: Patent Roll, 18 Henry VI., p. 3, m. 22 (1440).]

[Footnote 243: This document illustrates the difficulty of the legislature in its attempts at national regulation. A mediæval statute was not a dead letter, but competed perforce with local liberty and royal prerogative. The crown at once collected fines for breaches of a statute and fees for exemption from its operation.]

35. IMPRISONMENT OF AN ALIEN CRAFTSMAN [_Early Chancery Proceedings, 11, 455_], c. 1440.

To the right reverend father in God, the bishop of Bath and Wells, Chancellor of England.

Meekly beseecheth your good and gracious lordship your continual orator, Henry Wakyngknyght, goldsmith, tenderly to consider that whereas he, by the Mayor's commandment of London, caused by the subtle suggestion of the Wardens of the Craft of Goldsmiths of London, now late is imprisoned within the Counter in Bread Street, no cause laid against him but only that he is a stranger born, occupying his craft in London, so utterly intending to keep him still in prison for ever to his utter destruction and undoing--howbeit your said orator occupieth not his said craft openly in shops but privily, in no derogation of any franchise or custom of the goldsmiths of London--without your gracious lordship to him be shewed in this behalf. Wherefore please it your said gracious lordship, the premises considered, and also the holy time of Easter now coming, to grant unto your said orator a _corpus cum causa_ directed to the Mayor and Sheriffs of London, commanding them by the same to bring up the body of the said Henry with the cause of his arrest before your lordship into the King's Chancery at a certain day by your lordship to be limited, there to answer in the premises as reason and conscience shall require, for the love of God and in way of charity.

[_Endorsed._] Before the lord the King in his Chancery on Monday next, to wit, 23 March.

36. PETITION AGAINST USURY [_Parliament Roll_, 50 _Edward_ III, _No. 158_], 1376.

Further, the commons of the land pray that whereas the horrible vice of usury is so spread abroad and used throughout the land that the virtue of charity, without which none can be saved, is wellnigh wholly perished, whereby, as is known too well, a great number of good men have been undone and brought to great poverty: Please it, to the honour of God, to establish in this present Parliament that the ordinance[244] made in the city of London for a remedy of the same, well considered and corrected by your wise council and likewise by the bishop of the same city, be speedily put into execution, without doing favour to any, against every person, of whatsoever condition he be, who shall be hereafter attainted as principal or receiver or broker of such false bargains. And that all the Mayors and Bailiffs of cities and boroughs throughout the realm have the same power to punish all those who shall be attainted of this falsity within their bailiwicks according to the form of the articles comprehended in the same ordinance. And that the same ordinance be kept throughout all the realm, within franchises and without.

Answer.--Let the law of old used run herein

[Footnote 244: Ordinance dated 1363. _See_ Cunningham, _Growth of English Industry and Commerce, Mediæval Times_, p. 361 _n._]

37. ACTION UPON USURY [_Early Chancery Proceedings_, 64, 291],[245] _c._ 1480.

To the right reverend father in God, the Bishop of Lincoln and Chancellor of England.

Right humbly beseecheth unto your lordship your Orator William Elryngton of Durham, mercer, that whereas he now 4 years past and more had for a stock of one Richard Elryngton the sum of 30l., wherefore your said Orator was by his obligation bounden unto the said Richard in 40l. and odd silver; which sum of 30l. your said Orator should have to be employed in merchandise, during the space of 7 years, yielding yearly unto the said Richard, for the loan thereof 4l. of lawful money of England, and at the 7 years' end to yield whole unto the said Richard the said sum of 30l.; whereupon your said Suppliant occupied the said sum by the space of 2 years, and paid yearly unto the said Richard 4l.; and after that your said Orator, remembering in his conscience that that bargain was not godly nor profitable, intended and proffered the said Richard his said sum of 30l. again, which to do he refused, but would that your said Orator should perform his bargain. Nevertheless, the said Richard was afterward caused, and in manner compelled, by spiritual men to take again the said 30l., whereupon before sufficient record the said Richard faithfully promised that the said obligation of 40l. and covenants should be cancelled and delivered unto your said Orator, as reason is. Now it is so that the said Richard oweth and is indebted by his obligation in a great sum of money to one John Saumpill, which is now Mayor of Newcastle, wherefore now late the said Richard, by the mean of the said mayor, caused an action of debt upon the said obligation of 40l. to be affirmed before the mayor and sheriff of the said Town of Newcastle, and there by the space almost of 12 months hath sued your said Orator, to his great cost, and this against all truth and conscience, by the mighty favour of the said mayor, by cause he would the rather attain unto his duty, purposeth now by subtle means, to cast and condemn wrongfully your said Orator in the said sum of 40l., to his great hurt and undoing, without your special lordship be unto him shewed in this behalf, wherefore please it your said lordship to consider the premise, thereupon to grant a _certiorari_, direct unto the Mayor and Sheriff of the said Town, to bring up before you the cause, that it may be there examined and ruled as conscience requireth, for the love of God and in way of charity.

[Footnote 245: Printed in Abram's _Social England_, 215.]

SECTION VII

TAXATION CUSTOMS AND CURRENCY [For feudal taxation see Section II.]

1. Form of the taxation of a fifteenth and tenth, 1336--2. Disposition of a subsidy of tonnage and poundage, 1382--3. The king's prise of wines, 1320--4. The custom on wool, 1275--5. The custom on wine, 1302--6. The custom on general imports, 1303--7. Administration of the search, 1303--8. Provision for the currency and the search, 1335--9. Opinions on the state of English money, 1381-2.

The following documents illustrate in the first place the sources of royal revenue other than (_a_) the direct rents accruing to the King as a great landlord, (_b_) the payments due to him as feudal overlord, and (_c_) the profits of justice and administration, Nos. 1 and 2 representing the ordinary forms of Parliamentary grants, and Nos. 3 to 6 the prerogative right of the Crown to payments for the privilege of commercial intercourse by way of prise or custom; and in the second place the continuous efforts of mediæval governments to secure a good and easy currency (Nos. 7 to 9), a problem which they failed to solve either by the direct method of forbidding the export and controlling the import of money, or by the indirect method of insisting on the exchange of goods for goods by alien merchants frequenting the realm.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:--Dowell, _History of Taxation and Taxes in England_; Stubbs, _Constitutional History_; Hall, _Customs Revenue_; Shaw, _History of Currency_; Crump & Hughes, _English Currency_ (Economic Journal, V.).

Contemporary authorities:--Wolowski, _Traité de Nicholas Oresme_.

1. FORM OF THE TAXATION OF A FIFTEENTH AND TENTH [_Fine Roll_, 10 _Edward_ III, _m._ 13], 1336.

This is the form which the assessors and taxers of the fifteenth, granted to our lord the King in his Parliament holden at Westminster on the Monday next after Sunday in mid-Lent last past, in the tenth year of his reign, by the earls, barons, freemen and the commonalties of all the counties of the realm, and also of the tenth there granted to our said lord the King in all the cities, boroughs and the ancient demesnes of the King, of the same realm, from all their goods which they had on the day of the said grant, ought to observe, and thereby to assess, tax, collect and levy the same fifteenth and tenth in the counties of Northumberland, Cumberland and Westmoreland, to wit, that the chief taxers without delay cause to come before them from each city, borough and other town of the counties, within franchise and without, the more lawful and wealthier men of the same places in such number that therefrom the chief taxers may sufficiently choose four or six of each town, or more if need be, at their discretion, by whom the said taxation and that which pertains thereto to be done may best be done and accomplished; and when they shall have chosen such, then they shall cause them to swear on the Holy Gospels, to wit, those of each town by themselves, that those so sworn will lawfully and fully enquire what goods each man of the same towns had on the said day within house and without, wheresoever they be, without any favour, upon heavy forfeiture, and will lawfully tax all those goods, wheresoever they have come from then till now by sale or otherwise, according to the true value, save the things below excepted in this form, and will cause them to be listed and put on a roll indented quite fully as speedily as they can, and to be delivered to the chief taxers one part under their seals, and retain by themselves the other part under the seals of the chief taxers, and when the chief taxers shall have in such wise received the indentures of those who shall be sworn to tax in cities boroughs and other towns, the same chief taxers shall lawfully and minutely examine such indentures, and if they discover that there is any defect they shall forthwith amend it, so that nothing be concealed, neither for gift nor for reward of a person taxed less than reason requires; and the King wills that the chief taxers go from hundred to hundred and from town to town, where need shall be, to survey and enquire that the subtaxers in the same towns have fully taxed and valued the goods of every man, and if they find anything concealed, amend it forthwith and cause the Treasurer and Barons of the Exchequer to know the names of those who shall have so trespassed, and the manner of their misdeed; and the taxation of the goods of the subtaxers of the towns shall be made by the chief taxers and by other good men whom they choose so to do, so that their goods be well and lawfully taxed in the same manner as those of others. The taxation of the goods of the chief taxers and of their clerks shall be reserved to the Treasurer and Barons of the Exchequer. And the chief taxers, as soon as they shall have received the presentment of the subtaxers shall cause the fifteenth and tenth to be levied to the use of the King without delay and without doing favour to any man, in the form which is enjoined upon them by the commission. And they shall cause to be made two rolls of the said taxation agreeing in all points, and retain the one by them to levy the taxation and have the other at the Exchequer at the feast of St. Peter's Chains next coming, on which day they shall make their first payment. And be it known that in this taxation of the goods of the commonalty of all the counties there shall be excepted armour, mounts, jewels and robes for knights and gentlemen and their wives, and their vessels of gold and silver and brass, and in cities and boroughs shall be excepted a robe for the man and another for his wife and a bed for both, a ring and a buckle of gold or silver, and a girdle of silk, which they use every day, and also a bowl of silver or of mazer from which they drink. And the goods of lepers, where they are governed by a superior who is a leper, shall not be taxed or taken, and if the lepers be governed by a sound master, their goods shall be taxed like those of others. And be it remembered that from people of counties out of cities, boroughs and the king's demesnes whose goods in all exceed not the value of 10s., nothing shall be demanded or levied; and from the goods of people of cities, boroughs and the king's demesnes, which exceed not the value of 6s. in all, nothing shall be demanded or levied.

2. THE DISPOSITION OF A SUBSIDY OF TONNAGE AND POUNDAGE [_K.R. Customs Accounts_, 159, 4], 1382.

This indenture made between Thomas Beaupyne of Bristol and John Polymond of Hampton appointed in Parliament to make order for the safe keeping of the sea by means of the subsidy of 6d. in the pound and 2s. on the tun [of wine] on the coasts of the west, granted in the said Parliament for the same cause, of the one part, and William Bast of the other part, witnesseth that the said William has received from the said Thomas and John 180l. of the said subsidy to find a ship and a barge of 180 men to serve our lord the King on the sea for a quarter of a year, the said quarter beginning on Michaelmas Day next or within fifteen days after, as he shall deem best to be done, by the testimony of the mayor of Dartmouth or the admiral's lieutenant in those parts, taking from the commencement of the said voyage 20s. for each man for the said quarter, together with all the profit that he may seize from enemies in the mean time without impeachment, according to the form ordained and agreed upon in the said Parliament, to be on the sea for the preservation of English shipping according to their power, without making for the land of England unless it be through tempest of the sea or other reasonable cause during the said quarter; for the good and lawful performance of which voyage in the manner abovesaid the said William hereby binds himself, his heirs and executors, and all his goods and chattels, moveable and immoveable, to our said lord the King to perform the said voyage as is abovesaid; and the survey of the number of the said men, according to the form of this indenture, shall be made and witnessed by the admiral in those parts or his lieutenant. In witness whereof to these indentures the parties aforesaid have interchangeably put their seals. Written at Exeter, 24 August in the sixth year of the reign of King Richard the Second after the Conquest.

3. THE KING'S PRISE OF WINES [_Fine Roll_, 13 _Edward_ II, _m._ 3], 1320

The King to his beloved clerk, Roger de Northburgh, keeper of his wardrobe, greeting. Whereas we lately confirmed certain ordinances made of late by the prelates and chiefs of our realm, and commanded the same to be observed in all and singular their articles, and in those ordinances it is contained that all gifts and grants made by us to our loss and to the diminution of our crown after 16 March in the third year of our reign, on which day we made our commission to the aforesaid prelates and chiefs touching the making of the said ordinances, ... be wholly revoked, and afterwards we granted to Stephen de Abindon, our butler, our right prise of wines one tun of wine before the mast and one tun of wine behind the mast, at our will, he paying to the merchants from whom he should receive those wines in our name 20s. for each piece and 20s. to us for each piece in our wardrobe; which grant was made after the said 16 March, and is known to redound to our damage: We, wishing the said ordinances to be duly put into execution in this behalf, command you that you fully charge Stephen, in his account of the things pertaining to his office of butler to be rendered before you, with the wines of our right prise aforesaid for the whole time in which the same Stephen was our butler, notwithstanding our grant aforesaid and our commands afterwards following hereon. Witness the King at Odiham, 23 May[246].

By the council.

[Footnote 246: The prise of wines was the royal right, limited at least from the time of Edward I., of purchasing 2 tuns of wine from every ship at the rate of 20s. a tun, whatever the market price might be; 60s. a tun was a normal price in the 14th century (_see K.R. Accounts_, 77. 21). The value of this grant to Stephen is obvious.]

4. THE CUSTOM ON WOOL [_Fine Roll_, 3 _Edward I, m._ 24], 1275.

For the new custom which is granted by all the great men of the realm and at the prayer of the communities of the merchants of all England, it is provided that in every county in the largest town where there is a port two of the more lawful and able men be elected, who shall have one piece of a seal in keeping, and one man who shall be assigned by that King shall have another piece; and they shall be sworn that they will lawfully receive and answer for the King's money, that is to say, on each sack of wool 1/2 mark, and on each 300 fells which make a sack 1/2 mark, and on each last[247] of hides 1 mark, that shall go out of the realm, as well in Ireland and Wales as in England, within the franchise and without. Furthermore in every port whence ships can sail there shall be two good men sworn that they will not suffer wools, fells or hides to leave without letters patent sealed with the seal which shall be at the chief port in the same county; and if there is any man who goes otherwise therewith out of the realm, he shall lose all the chattels which he has and his body shall be at the King's will. And forasmuch as this business cannot be performed immediately, it is provided that the King send his letters to every sheriff throughout all the realm, and cause it to be proclaimed and forbidden through all the counties that any man, upon forfeiture of his body and of all his chattels, cause wools, fells or hides to be taken out of the land before the feast of Trinity this year, and thereafter by letters patent sealed with the seals as is aforesaid, and not otherwise, upon the aforesaid forfeitures. And the King has granted of his grace that all lordships, through the ports whereof wools or hides shall pass, shall have the forfeitures when they are incurred, each in its port, saving to the King 1/2 mark on each sack of wool and fells, and 1 mark on each last of hides.[248]

[Footnote 247: 12 dozen.]

[Footnote 248: This and the two following documents fix the normal rates of customs on exported and imported goods for the mediæval period. The custom on wools, woolfells and hides, came to be known as the great or ancient custom.]

5. THE CUSTOM ON WINE [_Charter Roll_, 30 _Edward I, m._ 2], 1302

The King to Archbishops, etc., greeting. Touching the prosperous estate of the merchants of our duchy aforesaid [Aquitaine] a special care weighs upon us, in what wise under our lordship the immunity of tranquillity and full security may be secured to the same merchants for times to come; so, therefore, that their desires may be the more abundantly increased to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the same merchants for us and our heirs for ever in the form that follows:

First, that all merchant vintners of the duchy aforesaid, safely and securely, under our defence and protection, may come into our said realm of England and everywhere within our power with wines and other merchandise whatsoever and that within the same our realm and power, in cities, boroughs and market-towns, they may traffic in gross[249] as well with denizens or inhabitants of the same realm as with aliens, strangers or friends (_privatis_), and that they may take or carry whither they will, as well within our realm and power aforesaid as also without, their merchandise which they shall happen to bring into the same our realm and power or to buy or otherwise acquire within the same our realm and power, and to do their will therewith, paying the customs which they shall owe, except only wines, which it shall not be lawful for them in any wise to take out of the same our realm and power without our will.

Further, that the said merchant vintners of the said duchy may lodge at their will in the cities and towns aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by the same vintners with any persons, whencesoever they be, touching all manner of merchandise, be valid and stable, so that neither of the merchants may disown that contract or withdraw from the same, after God's penny[250] shall have been given and received between the contractors. And if by chance a dispute arise on such a contract, proof shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we remit and quit to the said merchants of the said duchy that ancient prise of two tuns of wine which we used to take from every ship laden with wines touching within our realm or power, one, to wit, before the mast, and the other behind, promising further and granting to the same merchants for us and our heirs for ever that we will in no wise hereafter against the will of the same merchants make or suffer to be made the aforesaid prise or any other of wines or other their wares by us or another or others for any necessity or chance, without payment to be made forthwith according to the price at which the said merchants will sell wines and other wares to others, or other satisfaction wherewith they shall count themselves content, so that a valuation or estimation be not put upon their wines or other wares by us or our ministers.

Further, that on each tun of wine gauged, as the seller of the wine shall be bound to supply that which it lacks from the gauge, so he shall be satisfied by the buyer of that which is over the gauge according to the price at which the tun of wine shall be sold.

Further, that as soon as ships with new wines touch within our realm and power, old wines, wheresoever they be found in towns or other places to which the said ships shall come, shall be viewed and proved, if they be whole and also uncorrupt, and of those who shall view the said wines, one moiety shall be of merchant vintners of the duchy aforesaid, and the other of good men of the town where this shall be done, and they shall be sworn to do the premises faithfully and without fraud, and they shall do the accustomed justice with corrupt wines.

Further, whereas it was of old time accustomed and used that the buyer and seller should pay 1d. for each tun for gauge, each of them, to wit, 1/2d., let it be so done hereafter and observed for a custom.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns, do speedy justice to the vintners aforesaid who complain before them of wrongs, molestations done to them, debts and any other pleas, from day to day without delay according to the Law Merchant, and if by chance default be found in any of the bailiffs or ministers aforesaid, whereby the same vintners or any of them shall sustain the inconveniences of delay, although the vintner recover his damages against the party in principal, nevertheless the bailiff or other minister shall be punished by us as his guilt demands, and that punishment we grant by favour to the merchant vintners aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the case of a crime for which the penalty of death is inflicted, where a merchant vintner of the duchy aforesaid shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs where there shall be a sufficient number of merchant vintners of the duchy aforesaid, and inquest should be made, one moiety of the inquest shall be of such merchant vintners of the duchy aforesaid, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if it shall happen that a sufficient number of merchant vintners of the duchy aforesaid be not found, there shall be put on the inquest those who shall be found there sufficient of themselves, and the residue shall be of other good and sufficient men of the places in which that plea shall be.

Further, that no other exaction or charge of prest shall be in any wise put upon the wines of the said merchants.

Further, we have deemed fit to ordain, and we will that ordinance for us and our heirs for ever to be straitly observed, that for any liberty soever which we or our heirs shall grant hereafter, the aforesaid merchant vintners shall not lose the above written liberties or any of them; willing that those liberties extend only to the said merchant vintners of our duchy aforesaid. But for the abovesaid liberties and free customs the merchant vintners aforesaid have granted to us that on each tun of wine which they shall bring or cause to be brought within our realm or power, and whereon they shall be bound to pay freight to mariners, they shall pay by name of custom to us and our heirs, beyond the ancient customs due and paid in money whether to us or to others, 2s. within forty days after the same wines be put ashore out of the ships. And we will that the aforesaid merchant vintners, in respect of wines whereon they shall have paid to us the aforesaid custom of 2s. in one place of our realm or elsewhere within our power, shall be entirely free and quit of payment of the aforesaid custom of 2s. in all other places of our said realm and power; provided that for other merchandise whatsoever which they shall happen to employ within our realm and power they be held to pay to us the same customs which the rest of the merchants shall pay to us for such merchandise. These witnesses:--the venerable father, W. bishop of Coventry and Lichfield, John de Warenna, earl of Surrey, Roger le Bygod, earl of Norfolk and marshal of England, John de Britannia, Hugh le Despenser, William de Brewosa, Walter de Bello Campo, steward of our household, Roger le Brabazon, John de Merk and others. Given by the King's hand at Westminster, 13 August.

[Footnote 249: _i.e._ Wholesale.]

[Footnote 250: Earnest money.]

6. THE CUSTOM ON GENERAL IMPORTS [_Charter Roll_, 2 _Edward III, m._ 11, _No._ 37], 1303.[251]

Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful, greeting. Touching the good estate of all merchants of the underwritten realms, lands and provinces, to wit, Almain, France, Spain, Portugal, Navarre, Lombardy, Tuscany, Provence, Catalonia, our duchy of Aquitaine, Toulouse, Quercy, Flanders, Brabant, and all other foreign lands and places, by whatsoever name they be known, coming to our realm of England and staying there, an especial anxiety weighs upon us, in what wise under our lordship a means of tranquillity and full security may be devised for the same merchants for times to come: in order therefore that their desires may be rendered apter to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the said merchants for us and our heirs for ever as follows: First, to wit, that all merchants of the said realms and lands, safely and securely, under our defence and protection, may come into our said realm of England and everywhere else within our power with their merchandise whatsoever free and quit of murage, pontage and pavage,[252] and that within the same our realm and power in cities, boroughs and market-towns they may traffic in gross only[253] as well with denizens or inhabitants of the same our realm and power aforesaid as with aliens, strangers or friends (_privatis_), so nevertheless that the wares which are commonly called mercery and spices may be sold at retail as before was wont to be done, and that all the aforesaid merchants may cause their merchandise, which they chance to bring to our aforesaid realm and power or to buy or otherwise acquire within the same our realm and power, to be taken or carried whither they will as well within our realm and power aforesaid as without, except to lands of manifest and notorious enemies of our realm, paying the customs which they shall owe, wines only excepted, which it shall not be lawful for them in any wise to take away from the same our realm or power after they shall have been brought within the same our realm or power, without our will and special license.

Further, that the aforesaid merchants may lodge at their will in the cities, boroughs and town aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by those merchants with any persons soever, whencesoever they be, touching any sort of merchandise, shall be valid and stable, so that neither of the merchants can withdraw or retire from that contract after God's penny shall have been given and received between the principal contracting persons; and if by chance a dispute arise on such a contract, proof or inquisition shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we promise to the aforesaid merchants for us and our heirs for ever, granting that we will in no wise make or suffer to be made henceforth any prise or arrest or delay on account of prise of their wares, merchandise or other goods by us or another or others for any necessity or case against the will of the same merchants, save upon immediate payment of the price for which the merchants can sell such wares to others, or upon satisfaction otherwise made to them, so that they hold themselves contented; and that no valuation or estimation be set by us or our ministers on their wares, merchandise or goods.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns do speedy justice to the merchants aforesaid who complain before them from day to day without delay according to the Law Merchant touching all and singular plaints which can be determined by the same law; and if by chance default be found in any of the bailiffs or ministers aforesaid whereby the same merchants or any of them shall sustain the inconveniences of delay, although the merchant recover his damages in principal against the party, nevertheless the bailiff or other minister shall be punished in respect of us as the guilt demands, and that punishment we have granted by way of favour to the merchants aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the ease of crime for which the penalty of death shall be inflicted, where a merchant shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs, where there shall be a sufficient number of merchants of the aforesaid lands, and inquest should be made, one moiety of the inquest shall be of the same merchants, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if a sufficient number of merchants of the said lands be not found, there shall be put on the inquest those who shall be found there fit, and the residue shall be of other men good and fit of the places in which that plea shall be.

Further, we will, ordain and decree that in each markettown and fair of our realm aforesaid and elsewhere within our power our weight be set in a certain place, and before weighing the scales shall be seen to be empty in the presence of buyer and seller, and that the arms be level, and that then the weigher weigh level, and when he have put the scales on a level, forthwith move his hands away, so that it remain level; and that throughout our whole realm and power there be one weight and one measure, and that they be marked with the mark of our standard, and that each man may have scales of a quarter and less, where it shall not be against the lord of the place or a liberty granted by us or our ancestors, or against the custom of towns or fairs hitherto observed.

Further, we will and grant that a certain loyal and discreet man resident in London be assigned as justice for the said merchants, before whom they may specially plead and speedily recover their debts, if the sheriffs and mayors do not full and speedy justice for them from day to day, and that a commission be made thereon granted out of the present charter to the merchants aforesaid, to wit, of the things which shall be tried between merchants and merchants according to the Law Merchant.

Further, we ordain and decree, and for us and our heirs for ever we will that that ordinance and decree be straitly observed, that for each liberty which we or our heirs shall hereafter grant, the aforesaid merchants shall not lose the above written liberties or any of them. But for the obtaining of the aforesaid liberties and free customs and the remission of our prises to them, the said merchants, all and singular, for them and all others of their parts, have granted to us with one heart and mind that on each tun of wine which they shall bring or cause to be brought within our realm or power, whereon they shall be bound to pay freight to the mariners, they shall pay to us and our heirs by name of custom 2s. beyond the ancient customs due and accustomed to be paid in money to us or others within forty days after the said wines be put ashore out of the ships; further, on each sack of wool which the said merchants or others in their name shall buy and take or cause to be bought and taken from our realm, they shall pay 40d. of increment beyond the ancient custom of half a mark which had before been paid; and for a last of hides to be carried out of our realm and power half a mark above that which before was paid of ancient custom; and likewise on 300 woolfells to be taken out of our realm and power 40d. beyond the xed sum which had before been given of ancient custom; further, 2s. on each scarlet and cloth dyed in grain; further, 18d. on each cloth wherein part of the grain is intermixed; further, 12d. on each other cloth without grain; further, 12d. on each quintal of wax.

And whereas some of the aforesaid merchants deal in other merchandise as avoir-du-pois and other fine goods, such as cloths of Tars, silk, cendals and other diverse wares, and horses also and other animals, corn and other goods and merchandise which cannot easily be put at a fixed custom, the same merchants have granted to give us and our heirs on each pound of silver of the estimation or value of such goods and merchandise, by what name soever they be known, 3d. in the pound at the entry of those goods and merchandise into our realm and power aforesaid within fifteen days after such goods and merchandise shall have been brought into our realm and power and there unladen or sold; and likewise 3d. on each pound of silver at the export of any such goods and merchandise bought in our realm and power aforesaid, beyond the ancient customs before given to us or others; and touching the value and estimation of such goods and merchandise whereon 3d. on each pound of silver, as is aforesaid, are to be paid, credit shall be given to them by the letters which they shall show from their lords or fellows, and if they have no letters, it shall stand in this behalf by the oaths of the merchants, if they be present, or of their yeomen in the absence of the same merchants. It shall be lawful, moreover, for the fellows of the fellowship of the merchants aforesaid to sell wools within our realm and power aforesaid to other their fellows, and likewise to buy from the same without payment of custom, so, nevertheless, that the said wools come not to such hands that we be defrauded of the custom due to us.

And furthermore it is to be known that after the said merchants shall have once paid in the form aforesaid in one place within our realm and power the custom above granted to us for their merchandise, and have their warrant thereof, they shall be free and quit in all other places within our realm and power aforesaid of payment of such custom for the same merchandise or wares by the same warrant, whether such merchandise remain within our realm and power or be carried without, except wines which shall in no wise be taken out of our realm and power aforesaid without our will and license, as is aforesaid. And we will, and for us and our heirs we grant that no exaction, prise or prest or any other charge be in any wise imposed on the persons of the merchants aforesaid, their merchandise or goods, against the form expressed and granted above. These witnesses:--the venerable fathers, Robert, archbishop of Canterbury, primate of all England, Walter, bishop of Coventry and Lichfield, Henry de Lacy, earl of Lincoln, Humphrey de Bohun, earl of Hereford and Essex and constable of England, Aymer de Valencia, Geoffrey de Geynvill, Hugh le Despenser, Walter de Bello Campo, steward of our household, Robert de Bures and others. Given by our hand at Windsor, 1 February in the 31st year of our reign.

[Footnote 251: From the confirmation by Edward III, see _Fædera_, II, ii, 747; the charter is not among the enrolments of Edward I. These customs were known as the petty custom, and this charter as the _Caria Mercatoria_.]

[Footnote 252: Tolls for the repair of walls, bridges and streets.]

[Footnote 253: i.e. Wholesale.]

7. ADMINISTRATION OF THE SEARCH FOR MONEY EXPORTED [_Chancery Miscellanea_, 60, 5, 153], 1303.

To the most excellent lord, the lord prince Edward, by the grace of God King of England, Lord of Ireland, Duke of Aquitaine, his humble and devoted mayor and bailiffs of the town of Southampton, obedience, reverence and honour. We have received your command in these words:

Edward, by the grace of God, King of England, Lord of Ireland and Duke of Aquitaine, to his mayor and bailiffs of Southampton, greeting. Because we have learnt by an inquisition which we lately caused to be made by our beloved and trusty Robert de Glamorgan and John de la Lee, that Pelegrin de Castello, our merchant of Bayonne, wished to take the 24l.--which you, believing that he wished to carry the same to parts beyond the sea against our prohibition that no man should carry any money or silver in bullion out of our realm, arrested on that account in a ship in our port of Southampton,--to the parts of Devon and Cornwall to buy there lead and tin and other merchandise, and not to parts beyond the sea against the prohibition aforesaid, as you charged against him: We command you, as we have before commanded, that, if the aforesaid 24l. have been arrested for the cause aforesaid and no other, then you cause the same to be delivered without delay to the aforesaid Pelegrin, or that you signify to us the cause wherefor you have refused or were unable to execute our command before directed to you thereon.

Wherefore we signify to you that the searchers of the town of Southampton aforesaid, by your writ of the wardrobe sealed with your privy seal directed to the said searchers on 7 January commanding the said 24l. to be brought to Odiham and delivered there into your said wardrobe [paid and delivered the same], of which payment and delivery of the said 24l. so made the aforesaid searchers have a due acquittance of receipt. And by the tenour of these presents we signify that for no other cause were the aforesaid 24l. arrested, save only in the form aforesaid. In witness whereof we transmit to you these our letters sealed with our seal. Given at Southampton, 9 March.

Wherefore the same Pelegrin sues for a writ of the lord the King to be directed to the keeper of the wardrobe of the lord the King, for satisfaction to be made to him according to the form of the return of the writ.

8. PROVISIONS FOR THE CURRENCY [_Fine Roll, 9 Edward III. m. 10_], 1335.

The King to the sheriff of York, greeting. Forasmuch as we have heard that many folk beyond the sea strive to counterfeit our good money, the sterling of England, with worse money, and to send this bad money into our realm, to the deception of us and the damage and oppression of our people if a remedy be not set thereto; we, willing to prevent such damages and oppressions, and to provide a suitable remedy hereon and that our said good money may be multiplied within our realm and the lands of our power, to the profit of us and our subjects, by assent of the prelates, earls and barons of our said realm assembled in our Parliament holden at York on the morrow of the Ascension last past, have ordained and established the things that ensue in the manner underwritten:--

First, it is provided that no man of religion or other henceforth carry the sterling out of the realm of England, nor silver in plate, nor vessels of gold or silver, on pain of forfeiture of the money, plate or vessel that he shall carry, without special licence from us.

Further, that no false money nor counterfeit sterling be brought into the realm or elsewhere in our power, on pain of forfeiture of the money; so always that all folk of what realms or power soever they be, may safely bring to the exchanges for bullion and not elsewhere silver in plate, vessels of silver and all manner of moneys of silver, of what value soever they be, save false money and counterfeit sterling, and there receive good and suitable exchange.

And that no sterling halfpenny or farthing be molten to make a vessel or other thing by goldsmiths or others on pain of forfeiture of the money so molten, and that the goldsmith or other who shall have so molten it, be put in prison and there stay until he shall have rendered to us the moiety of that which he shall have so molten, notwithstanding charter or franchise granted or used to the contrary.

And that all manner of black money now commonly current in our realm and power be utterly excluded, so that none be current after the month next after proclamation be made, on pain of forfeiture of the same money.

And that every man who will sue for us against such as shall commit fraud against this ordinance be admitted hereto and have the fourth penny of that which shall be so deraigned at his suit to our profit.

And that the mayor or bailiffs in every port where merchants and ships are take oath of the merchants and masters of ships going and returning that they will commit no fraud against this ordinance in any point.

And that there be a table of exchange at Dover and elsewhere where and when it shall seem good to us and our council to make exchanges. And that the wardens of the said tables make exchanges by testimony of the controllers whom we will appoint there.

And that no pilgrim pass out of our realm to the parts beyond the sea except at Dover, on pain of imprisonment for a year. And that good ward and strict be made in all places on the seacoast in ports and elsewhere where there is any manner of landing, by good and lawful men sworn, who in our name shall cause diligent search to be made that none, of what condition or estate soever he be, take sterling money, silver in plate, or vessel of gold or silver out of our realm without our licence, nor bring into the said realm or power false money or counterfeit sterling, as is aforesaid, on the pains and forfeitures aforesaid. And the money, vessel or plate so forfeited shall be delivered at our exchanges by indenture, whereof the one part remaining with the searchers shall be delivered at the Exchequer, and by the same indentures the warden of the exchanges shall be charged with that which he shall have received.

And that the searchers have of our gift for all their work the fourth penny of as much as they find so forfeited. And if the searchers make release or show favour to any and be attainted hereof they shall be liable to forfeiture of as much as they shall have in goods; and that the hostlers in every port where there is passage shall be sworn to make search upon their guests in like manner as the searchers shall do, and shall have the fourth penny of that which they find forfeit to us, as the said searchers shall have. And it is our intention that the said searchers have power to search the hostels and to inform themselves of the doings of hostlers; and that the hostlers, in case they be found deceitful against the said articles, shall be punished and incur the forfeiture aforesaid.

Wherefore we command you, straitly enjoining, that forthwith upon sight of these letters you cause all the articles and points aforesaid to be cried and published in cities and boroughs, market towns, ports and all other places within your bailiwick, as well within franchise as without, where you shall see fit so to do; and that in all other places within your bailiwick where need shall be, except the places where such wardens and searchers shall be deputed by us, you cause such searchers and wardens to be established and sworn to keep and observe this our ordinance in the form aforesaid, on the pains contained in this form; and that you certify the Treasurer and Barons of our Exchequer without delay of the names of those who shall be hereafter assigned by you as searchers and wardens. Given under our great seal at York, 6th June in the 9th year of our reign.

In like manner command is given to the several sheriffs throughout England....

_The oath of the searchers._--You shall swear that you will well and lawfully make search of all the things contained in your commission whereof search ought to be made according to the commission, and that you will lawfully perform all the other things contained in the same, and that you will lawfully charge yourself with that which you shall find forfeited to the King and will make a lawful indenture thereof and render a lawful account, and that you will spare none for love or for favour, to have private gain, whereby the King may be a loser. So help you God and his saints.

9. OPINIONS OF OFFICERS OF THE MINT ON THE STATE OF ENGLISH MONEY [_Rot. Parl., III._, 126-7], 1381-2.

To our lord the King and to all the lords and commons of his realm, make known, as they have often done before these times without being heard, the officers over the moneys of the Tower of London, how for lack of good ordinance no gold or silver comes into England, but of that which is in England a great part has been and from day to day is carried out of the land, and that which remains in England by fault of the deceit of clippers and otherwise is become right feeble, and from day to day such damage increases. Wherefore please it you to take good counsel and remedy hereon, otherwise we, the said officers, warn you, and before God and before you we will be excused, that if you do not apply a speedy remedy thereto in short time to come, where you think to have 5s. you will not have 4s.

_Richard Leicester._--First, as to this that no gold or silver comes into England, but that which is in England is carried beyond the sea, I maintain that it is because the land spends too much in merchandise, as in grocery, mercery and peltry, or wines, red, white and sweet, and also in exchanges made to the Court of Rome in divers ways. Wherefore the remedy seems to me to be that each merchant bringing merchandise into England take out of the commodities of the land as much as his merchandise aforesaid shall amount to; and that none carry gold or silver beyond the sea, as it is ordained by statute. And let a good ordinance be made hereof, as well by search as otherwise. And so meseems that the money that is in England will remain, and great quantity of money and bullion will come from the parts beyond the sea.

As to this, that the gold is right feeble because of clipping, there seems to me no other remedy than that gold be generally weighed by those who shall take it; and hereon let proclamation be made, and this will be a smaller loss than to change the money, as may be more fully declared.

As to this, that there is a great lack of halfpence and farthings, the Master is bound by his indenture to make halfpence according to the quantity of his work of silver. Let the Warden of the Mint be charged to survey that the Master of the Mint do in all points that which appertains to his office.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed. And to change the money in any manner seems to me universal damage to the lords, commons and all the realm, as may be more fully declared.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of moneys, as well of Flanders, Scotland and all other countries beyond the sea whatsoever, be forbidden from having any currency in England, and that none take them in payment except to bring them for bullion to the coinage of our lord the King.

Further, it will be altogether for the better and a very great profit to all the commons, that of the gold money now current, which is so clipped and otherwise impaired, that of this money, when it shall come to the Tower and to the coinage, henceforth our lord the King take for his seigneurage, and the Master for the work for him and his other officers, nothing more than 10d. in the pound.

Further there will be an increase of the money and profit to the whole realm if of all other bullion the King take only 12d. for his seigneurage and the Master of the Mint 12d. for his work.

_Lincoln, Goldsmith._--To the noble lords of the Council of our lord the King, touching the charge which you have given me, please you to take note of this answer.

Touching the first article, that gold and silver is taken out of the realm, the first remedy against this is that no clerk or purveyor be suffered to take any silver or gold or to make any exchange to be taken to the Court of Rome, and no merchant be suffered to pay any money but only merchandise for merchandise; and also that the money of the Noble, at the same weight that it now is, be put at a greater value.

And touching the second article, the remedy is that all the money be of one weight, so that the money that is not of the weight ordained be bought according to the value.

And touching the third article, the remedy is that halfpence and farthings be made in great plenty.

And touching the fourth article, the remedy is that there be one weight and one measure throughout the realm and that no subtle weight be suffered.

And touching the fifth article, the remedy is contained above in the first article.

_Richard Aylesbury._--As to this, that no gold or silver comes into England, but that which is in England is carried beyond the sea, we maintain that if the merchandise which goes out of England be well and rightly governed, the money that is in England will remain and great plenty of money will come from beyond the sea, that is to say, let not more strange merchandise come within the realm than to the value of the denizen merchandise which passes out of the realm.

Further he says that it were good if the Pope's Collector were English and the Pope's money were sent to him in merchandise and not in money, and that the passages of pilgrims and clerks be utterly forbidden, upon pain, etc.

And as to this, that the gold is too feeble because of clipping, there seems to us no other remedy than that the gold be generally weighed by those who shall take it, and hereon let proclamation be made.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed, and to this we dare not assent for the common damage that might befall.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of money of Scotland be forbidden. Let other moneys also that come from beyond the sea have no currency in England, and let none take them in payment except at the value to bring for bullion and to the coinage of our lord the King. And let none take gold or silver out of the realm beyond the sea, as it is ordained by Statute, and hereof let good ordinance be made as well by search as otherwise.

And further he says, if it please by way of information, that [it would be well] if the pound of gold that is now made in the Tower to the sum of 45 nobles (which pound, because the money thereof is so clipped and otherwise impaired, is worth at present, taking one with another, 41-1/2 nobles), were made into 48 nobles, the noble to be current at the present value; and let the King and the Master and other officers of the Mint take 20d. in each pound for the seigneurage and work and every other thing.