Part III, pp. 688-9_], 1524.

[Enacted] that the weavers of this city shall have for the weaving of every cloth, to the making whereof goeth and is put 80 and 8 lb. of wool or more to the number of 80 lb. and 16, 5s. for the weaving of every such cloth; and if the said cloth contain above the said number then the weaving to be paid for as the parties can agree, and if the cloth contain under the said number, then the owner to pay for weaving but 4s. 6d. And if the cloth be made of rests or green wool, then to pay as the parties can agree; and the payment to be made in ready money and not in wares as it is wont to be, and who refuses thus to do, and so proved before Master Mayor, to forfeit for every said default 3s. 4d., to be levied by the searchers of the said craft of weavers, with an officer to them appointed by the said Mayor, to the use of the common box. [Enacted] that every clothier within this city shall pay for walking of every cloth of green wool or middle work, 3s. 4d., and for every cloth of fine wool as the clothier and walker can agree, and that the clothier do pay therefore in ready money and not in wares.

6. AN ACT FOR AVOIDING OF EXACTIONS TAKEN UPON APPRENTICES IN CITIES, BOROUGHS AND TOWNS CORPORATE [_28 Hen. VIII, c. 5. Statutes of the Realm, Vol. IV, Part I, pp. 286-8_], 1536.

Where in the parliament begun at London the third of November in the 21st year of the reign of our most dread Lord King Henry the eight, and from thence adjourned and prorogued to Westminster the 16 day of January in the 22 year of the reign of our said Sovereign Lord and there then also holden, it was and it is recited, that where before that time it was established and enacted in the 19 year of our late Sovereign Lord King Henry the VIIth, that no masters, warden and fellowship of crafts, or any of them, nor any rulers of guilds or fraternities, should take upon them any acts or ordinances nor to execute any acts or ordinances by them before that time made or then hereafter to be made, in disheritance or diminution of the prerogative of the King nor of other nor against the common profit of the people, but if the same acts or ordinances were examined or approved by the chancellor, treasurer of England or chief justice of either bench or 3 of them, or before the justices of assize in their circuit or progress in the shire where such acts or ordinances be made, upon pain of forfeiture of £40 for every time that they do the contrary, as more plainly in the said act doth appear; since which time divers wardens and fellowships have made acts and ordinances, that every apprentice should pay at his first entry in their common hall to the wardens of the same fellowship some of them 40s., some 30s., some 20s., some 13s. 4d., some 6s. 8d., some 3s. 4d. after their own sinister minds and pleasure, contrary to the meaning of the said act made in the said 19 year of the reign of the said late King Henry the VIIth and to the great hurt of the King's true subjects putting their children to be apprentices: It was therefore in the said parliament holden at Westminster in the said 22 year of the reign of King Henry the eight, established and enacted by the King our Sovereign Lord by the advice of his Lords, Spiritual and Temporal, and of the Commons in the same parliament assembled and by the authority of the same, that no master, wardens or fellowships of crafts or masters or any of them, nor any rulers of fraternities should take from thenceforth of any apprentice or of any other person or persons for the entry of any apprentice into their said fellowship above the sum of 2s. 6d., nor for his entry when his years and term is expired and ended, above 3s. 4d. upon pain of forfeiture of £40 for every time that they do to the contrary.... Since which said several acts established and made (as is aforesaid), divers masters, wardens and fellowships of crafts have by cautell and subtil means compassed and practised to defraud and delude the said good and wholesome statutes, causing divers apprentices or young men immediately after their years be expired, or that they may be made free of their occupation or fellowship, to be sworn upon the Holy Evangelist at their first entry that they nor any of them after their years or term expired shall not set up or open any shop, house nor [cellar] nor occupy as free men, without the assent and licence of the master, wardens or fellowships of their occupations, upon pain of forfeiting their freedom or other like penalty; by reason whereof the said apprentices and journeymen be put to as much or more charges thereby than they beforetime were put unto for the obtaining and entering of their freedom, to the great hurt and impoverishment of the said apprentices and journeymen and other their friends; For remedy whereof be it now by the authority of this present parliament established, ordained and enacted, that no master, wardens or fellowships of crafts nor any of them, nor any rulers of guilds fraternities or brotherhoods, from henceforth compel or cause any apprentice or journeyman, by oath or bond heretofore made or hereafter to be made or otherwise, that he after his apprenticeship or term expired, shall not set up nor keep any shop house nor cellar, nor occupy as a freeman without licence of the masters, wardens or fellowships of his or their occupation for and concerning the same; nor by any means exact or take of any such apprentices or journeyman nor any other occupying for themselves, nor of any other persons for them, after his or their said years expired, any sum of money or other things for or concerning his or their freedom or occupation, otherwise or in any other manner than before is recited limited and appointed in the said former act made in the said 22 year of the reign of King Henry the eight; upon the pain to forfeit for every time that they or any of them shall offend contrary to this act £40....

7. AN ACT WHEREBY CERTAIN CHANTRIES, COLLEGES, FREE CHAPELS, AND THE POSSESSIONS OF THE SAME BE GIVEN TO THE KING'S MAJESTY [_1 Ed. VI, c. 14. Statutes of the Realm, Vol. IV, Part I, p. 24_], 1547.

The King's most loving subjects, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, considering that a great part of superstition and errors in Christian religion hath been brought into the minds and estimation of men, by reason of the ignorance of their very true and perfect salvation through the death of Jesus Christ, and by devising and phantasing vain opinions of purgatory and masses satisfactory to be done for them which be departed, the which doctrine and vain opinion by nothing more is maintained and upholden than by the abuse of trentalls, chantries and other provisions made for the continuance of the said blindness and ignorance; and further considering and understanding that the alteration, change and amendment of the same, and converting to good and godly uses, as in erecting of grammar schools to the education of youth in virtue and godliness, the further augmenting of the universities and better provision for the poor and needy, cannot in this present parliament be provided and conveniently done, nor cannot nor ought to any other manner person be committed than to the King's Highness, whose Majesty with and by the advice of his Highness most prudent council can and will most wisely and beneficially both for the honour of God and the weal of this his Majesty's realm, order, alter, convert and dispose the same....

[Clause reciting 37 Hen. VIII, c. 4.][270]

... It is now ordained and enacted by the King our Sovereign Lord, with the assent of the Lords and Commons in this present parliament assembled, and by the authority of the same, that all manner of colleges, free chapels and chantries, having been or _in esse_ within five years next before the first day of this present parliament, which were not in actual and real possession of the said late king, nor in the actual and real possession of the king our sovereign lord that now is, nor excepted in the said former act in form abovesaid, other than such as by the king's commissions in form hereafter mentioned shall be altered, transposed or changed, and all manors, lands, tenements, rents, tythes, pensions, portions and other hereditaments and things above-mentioned belonging to them or any of them, and also all manors, lands, tenements, rents and other hereditaments and things above-mentioned, by any manner of assurance, conveyance, will, devise or otherwise had, made, suffered, acknowledged or declared, given, assigned, limited or appointed to the finding of any priest to have continuance for ever, and wherewith or whereby any priest was sustained, maintained or found, within five years next before the first day of this present parliament, which were not in the actual and real possession of the said late King, nor in the actual and real possession of our Sovereign Lord the King that now is, and also all annual rents, profits, and emoluments, at any time within five years next before the beginning of this present parliament employed, paid or bestowed toward or for the maintenance, supportation or finding of any stipendiary priest intended by any act or writing to have continuance for ever, shall by the authority of this present parliament, immediately after the feast of Easter next coming, be adjudged and deemed and also be in very actual and real possession and seisin of the King our Sovereign Lord and his heirs and successors for ever; without any office or other inquisition thereof to be had or found, and in as large and ample manner and form as the priests, wardens, masters, ministers, governors, rulers or other incumbents of them or any of them at any time within five years next before the beginning of this present parliament had occupied or enjoyed, or now hath, occupieth or enjoyeth the same; and as though all and singular the said colleges, free chapels, chantries, stipends, salaries of priests and the said manors, lands, tenements and other the premises whatsoever they be, and every of them, were in this present act specially, particularly, and certainly rehearsed, named and expressed, by express words, names and surnames, corporations, titles and faculties, and in their natures, kinds and qualities....

And over that be it ordained and enacted by the authority of this present parliament, that where any manors, lands, tenements, tythes, pensions, portions, rents, profits, or other hereditaments, by any manner of assurance, conveyance, will, devise or otherwise at any time heretofore had, made, suffered, acknowledged or declared, were given assigned or appointed to or for the maintenance, sustentation or finding of any priest or divers priests for term of certain years yet continuing, and that any priest hath been maintained, sustained or found with the same or with the revenues or profits thereof within five years last past, that the king from the said feast of Easter next coming shall have and enjoy in every behalf for and during all such time to come every such and like things, tenements, hereditaments, profits and emoluments as the priest or priests ought or should have had for or toward his or their maintenance, sustenance or finding, and for no longer or further time, nor for any other profit, advantage or commodity thereof to be taken....

... And be it ordained and enacted by the authority of this present parliament, that the King our Sovereign Lord, his heirs and successors, from the said feast of Easter next coming, shall have hold, perceive and enjoy for ever, all lands, tenements, rents and other hereditaments which, by any manner of assurance, conveyance, wills, will, devise or otherwise at any time heretofore had made suffered, acknowledged, or declared, were given, assigned or appointed to go or be employed wholly to the finding or maintenance of any anniversary or obit or other like thing, intent, or purpose, or of any light or lamp in any church or chapel to have continuance for ever, which hath been kept or maintained within five years next before the said first day of this present parliament.

... And furthermore be it ordained and enacted by the authority aforesaid, that the King our Sovereign Lord shall from the said feast of Easter next coming have and enjoy to him, his heirs and successors for ever, all fraternities, brotherhoods and guilds being within the realm of England and Wales and other the king's dominions, and all manors, lands, tenements and other hereditaments belonging to them or any of them, other than such corporations, guilds, fraternities, companies and fellowships of mysteries or crafts, and the manors, lands, tenements, and other hereditaments pertaining to the said corporations, guilds, fraternities, companies and fellowships of mysteries or crafts above mentioned, and shall by virtue of this act be judged and deemed in actual and real possession of our said Sovereign Lord the King, his heirs and successors from the said feast of Easter next coming for ever, without any inquisitions or office thereof to be had or found....

And also be it ordained and enacted by the authority aforesaid, that our said Sovereign Lord the King, his heirs and successors, at his and their will and pleasure, may direct his and their commission and commissions under the great seal of England to such persons as it shall please him, and that the same commissioners, or two of them at the least, shall have full power and authority by virtue of this Act and of the said commission, as well to survey all and singular lay corporations, guilds, fraternities, companies and fellowships of mysteries or crafts incorporate, and every of them, as all other the said fraternities, brotherhoods and guilds within the limit of their commission to them directed, and all the evidences, compositions, books of accounts and other writings of every of them, to the intent thereby to know what money and other things was paid or bestowed to the finding or maintenance of any priest or priests, anniversary, or obit or other like thing, light or lamp, by them or any of them; as also to enquire, search and try, by all such ways and means as to them shall be thought meet and convenient, what manors, lands, tenements, rents and other hereditaments, profits, commodities, emoluments and other things be given, limited, or appointed to our said Lord the King by this act, within the limits of their commission: and also that the same commissioners or two of them at the least, by virtue of this act and of the commission to them directed, shall have full power and authority to assign and shall appoint, in every such place where guild, fraternity, the priest or incumbent of any chantry _in esse_ the first day of this present parliament, by the foundation, ordinance, [the] first institution thereof should or ought to have kept a grammar school or a preacher, and so hath done since the feast of St. Michael the Archangel last past, lands, tenements and other hereditaments of every such chantry, guild and fraternity to remain and continue in succession to a schoolmaster or preacher for ever, for and toward the keeping of a grammar school or preaching, and for such godly intents and purposes and in such manner and form as the same commissioners or two of them at the least shall assign or appoint: and also to make and ordain a vicar to have perpetuity for ever in every parish church, the first day of this present parliament being a college, free chapel, or chantry, or appropriated and annexed or united to any college, free chapel, or chantry that shall come to the king's hands by virtue of this act, and to endow every such vicar sufficiently, having respect to his cure and charge; the same endowment to be to every vicar and to his successors for ever, without any other license or grant of the King, the bishop, or other officers of the diocese: ...

... And also be it ordained and enacted by the authority of this present parliament that our Sovereign Lord the King shall have and enjoy all such goods, chattels, jewels, plate, ornaments and other moveables, as were or be the common goods of every such college, chantry, free chapel, or stipendiary priest belonging or annexed to the furniture or service of their several foundations, or abused of any of the said corporations in the abuses aforesaid, the property whereof was not altered nor changed before the 8 day of December in the year of our Lord God 1547....

[Footnote 270: This and the following document deal with the confiscation of that part of the property of gilds which was devoted to religious purposes. The Act printed above was a re-enactment with some important variations of an Act of 1545 (37 Hen. VIII, c. 4). For its object and effect see Ashley, _Economic History_, Vol. I, part II, pp. 142-145, and pp. 184-187, who gives reasons for disagreeing with the statement of Thorold Rogers (_Six Centuries of Work and Wages_, pp. 347-350, and _The Economic Interpretation of English History_, p. 15) that the Act "suppressed" the craft gilds; Pollard, _The Political History of England_ 1547-1603, pp. 17-20 ("the greatest educational opportunity in English history was lost, and the interests of the nation were sacrificed to those of its aristocracy"); Leach, _English Schools at the Reformation_, p. 68; Toulmin Smith's _English Gilds_. Lever (_Sermons_ 1550, Arber's Reprints, pp. 32, 73, and 81) complains bitterly of the use to which the confiscated property was put. "For in suppressing of abbeys, cloisters, colleges, and chantries, the intent of the King's Majesty that dead is, was, and of this our King now is, very godly.... Howbeit covetous officers have so used this matter that even those goods which did serve to the relief of the poor, the maintenance of learning, and to comfortable necessary hospitality in the Commonwealth, be now turned to maintain worldly, wicked, covetous ambition." ... "Your Majesty hath had given and received by Act of Parliament, colleges, chantries, and gilds for many good considerations, and especially, as appeareth in the same Act, for erecting of grammar schools to the education of youth in virtue and godliness, to the further augmenting of the Universities, and better provision for the poor and needy. But now many grammar schools, and much charitable provision for the poor be taken, sold, and made away, to the great slander of you and your laws, to the utter discomfort of the poor, to the grievous offence of the people, to the most miserable drowning of youth in ignorance, and for decay of the Universities."]

8. REGRANT TO COVENTRY AND LYNN OF GILD LANDS CONFISCATED UNDER I ED. VI, c. 14. [_Acts of the Privy Council, New Series, pp 193-5_], 1548.

At Westminster, Sunday, the vith of May, 1548

Whereas in the last parliament, holden at Westminster in November, the first year of the King's Majesty's reign, among other articles contained in the act for colleges and chantry lands, etc., to be given unto his Highness, it was also inserted that the lands pertaining to all guilds and brotherhoods within this realm should pass unto his Majesty by way of like gift, at which time divers then being of the lower house did not only reason and argue against that article made for the guildable lands, but also incensed many others to hold with them, among the which none were stiffer nor more busily went about to impugn the said articles than the burgesses for the town of Lynn, in the county of Norfolk, and the burgesses of the city of Coventry, in the county of Warwick; the burgesses of Lynn alleging that the guild lands belonging to their said town were given for so good a purpose (that is to say, for the maintenance and keeping up of the pier and seabanks there, which being untended to would be the loss of a great deal of low ground of the country adjoining), as it were great pity the same should be alienated from them as long as they employed it to so necessary an use; and semblably they of Coventry declaring that where that city was of much fame and antiquity, some times very wealthy though now of late years brought into decay and poverty, and had not to the furniture of the whole multitude of the Commons there, being to the number of xi or xii thousand housling people, but two churches wherein God's service is done, whereof the one, that is to say, the church of Corpus Christi, was specially maintained of the revenues of such guild lands lying only in houses and tenements within the town as had been given heretofore by diverse persons to that use and others no less beneficial to the supporting of that city; if therefore now by the act the same lands should pass from them it should be a manifest cause of the utter desolation of the city, as long as the people, when the churches were no longer supported, nor God's service done therein, and the other uses and employments of those lands omitted, should be of force constrained to abandon the city and seek new dwelling places, which should be more loss unto the King's Majesty by losing so [much] of the yearly fee farm there, and subversion of so notable a town, than the accruing of a sort of old houses and cottages pertaining to the guilds and chantries of the said cities, should be of value or profit to his Majesty, as long as his Highness should be at more cost with the reparations of the same than the yearly rents would amount unto.

In respect of which their allegations and great labour made herein unto the House, such of his Highness Council as were of the same House there present thought it very likely and apparent that not only that article for the guildable lands should be dashed, but also that the whole body of the act might either sustain peril or hindrance being already engrossed, and the time of the Parliament Prorogation hard at hand, unless by some good policy the principal speakers against the passing of that article might be stayed; whereupon they did anticipate this matter with the Lord Protector's Grace and others of the Lords of his Highness Council, who, pondering on the one part how the guildable lands throughout this realm amounted to no small yearly value, which by the article aforesaid were to be accrued to his Majesty's possessions of the Crown; and on the other part weighing in a multitude of free voices what moment the labour of a few setters on had been of heretofore in like cases, thought it better to stay and content them of Lynn and Coventry by granting to them to have and enjoy their guild lands, etc., as they did before, than through their means, on whose importune labour and suggestion the great part of the Lower House rested, to have the article defaced, and so his Majesty to forego the whole guild lands throughout the realm; and for these respects and also for avoiding of the proviso which the said burgesses would have had added for the guilds to this article, which might have ministered occasion to others to have laboured for the like, they resolved that certain of his Highness' Councillors being of the Lower House should persuade with the said burgesses of Lynn and Coventry to desist from further speaking or labouring against the said article, upon promise to them that if they meddled no further against it, his Majesty, once having the guildable lands granted unto him by the act as it was penned unto him, should make them over a new grant of the lands pertaining then unto their guilds, etc., to be had and used to them as afore. Which thing the said Councillors did execute as was devised, and thereby stayed the speakers against it, so as the act passed with the clause for guildable lands accordingly.

And now seeing that the Mayors and others of the said city of Coventry and town of Lynn by reason of that promise so made unto them have humbly made suit unto the Lord Protector's Grace and Council aforesaid that the same may be performed unto them, which promise his Grace and the said Council do think that his Highness is bound in honour to observe, although it were not so that indeed those lands which belonged to the guild at Lynn cannot well be taken from them, being so allotted and employed to the maintenance of the pier and seabanks there, which of necessity as was alleged, require daily reparations, no more than the guild and chantry lands at Coventry upon the foresaid considerations could conveniently (as was thought) be taken from them without putting the said city to apparent danger of desolation; it was therefore this day ordained, and by the accord and assent of the Lord Protector's Grace and others of his Highness Council decreed, that letters patents should be made in due form under the King's Majesty's Great Seal of England whereby the said guild lands belonging to the two churches at Coventry should be newly granted unto them of the city for ever, and the lands lately pertaining to the guild of Lynn also granted unto that town for ever, to be used to such like purpose and intent as aforetimes by force of their grants they were limited to do accordingly.

9. A PETITION OF THE BAKERS OF RYE TO THE MAYOR, JURATS AND COUNCIL TO PREVENT THE BREWERS TAKING THEIR TRADE [_Hist. MSS. Com, Thirteenth Report, App. Part IV, p. 45_], 1575.

Whereas, as well in ancient time as now of late days, good and wholesome laws have been by the State of this realm devised, ordained, and enacted for the better maintenance of the subjects of the same; amongst which laws it is ordained how each sort of people, being handicraftsmen or of occupation, should use the trade and living wherein they have been lawfully trained up and served for the same as the said laws do appoint; nevertheless, it may please your worships, divers persons do seek unto themselves by sinister ways and contrary to those good laws certain trades to live by, and not only to live by but inordinately to gain, to the utter overthrow of their neighbours which have lawfully used those occupations, and served for the same according to the said laws. Amongst which sort of people certain of the brewers of this town use the trade and occupation of bakers, not having been apprentices to the same, nor so lawfully served in the same trade as they thereby may justly challenge to use the said occupation of baking, to the utter impoverishment of the bakers of the said town, their wives, children, and families, and contrary to the law, equity, and good conscience; whereby we whose names are underwritten shall be constrained to give over, and for themselves to seek some other means to live, and to leave our wives and children, if in time remedy be not provided by your worships for the same.

James Welles. John Mylles. Edward Turner. Philip Caudy. William Gold.

10. LETTER TO LORD COBHAM FROM THE MAYOR AND JURATS OF RYE CONCERNING THE PRECEDING PETITION [_ibid., pp. 47-8_], 1575.

Upon the lamentable complaint of our poor neighbours the bakers, we did with good and long deliberation consider of their cause, and finding that their decay is such as without speedy reformation they shall not have wherewith to maintain their wives, children, and family, which are not few in number, a thing in conscience to be lamented, and we for remission in duty to be greatly blamed; and since the overthrow of these poor men is happened by reason of the brewers (who ought by the laws of this realm not to be bakers also) have by our sufferance (but the rather for that Robert Jackson is towards your Lordship) used both to bake and brew of long time, whereby Robert Jackson (God be thanked) is grown to good wealth, and the whole company of the bakers thereby utterly impoverished, and finding that by no reasonable persuasion from us, neither with the lamentable complaint of the bakers, those brewers would leave baking, we were driven by justice and conscience to provide for their relief the speedier. Whereupon we did, with consent of Mayor, Jurats, and Common Council, make a certain decree, lawful, as we think, for the better maintenance of them, their wives, children and family, a matter in civil government worth looking into when the state of a common weal is preferred before the private gain of a few, which decree we required Mr. Gaymer to acquaint your Honour with, at his last being with you, who upon his return advertised us that your Lordship had the view thereof, and also of your Honour's well liking of the same, humbly beseeching your good Lordship's aid and continuance therein, whereof we have no doubt, being a matter that doth concern (and that according to the laws of the realm) the relief of those who are brought to the brink of decay.

11. THE MUNICIPAL REGULATION OF THE ENTRY INTO TRADES AT NOTTINGHAM [_Stevenson, Nottingham Records, Vol. IV, p. 186_], 1578-9.

1578-9, March 9. Memorandum also, that all manner of prentices already bound and to be bound to bring their indentures to be enrolled before May day next, or else every master to forfeit 12d. And the Mayor to admit no burgess but by consent of the Wardens of the occupation in default of the Wardens; and to have a special regard that such have been and served as apprentices and been enabled, according to the statute of anno 5 of Queen Elizabeth.

12. MUNICIPAL REGULATION OF MARKETS AT SOUTHAMPTON [_Hearnshaw, Southampton Court Leet Records, Vol. I, Part II, p. 256_], 1587.

_Item_ we present that Mr. Brawycke, who, it is said ... was bound unto your worships for the serving of the inhabitants of this town with candles at 2d. the lb., having all the tallow of the victuallers to this town at a price reasonable to his good liking and great commodity many years, restraining all others from having any part thereof by virtue of his grant from your worships as aforesaid, a scarcity of tallow now happening for one year, doth presently refuse to serve the inhabitants at any reasonable price, and the best cheap that is to be had is 3d., and many times 4d. the lb.; a happy man that can make his bargain so well to take it when there is profit and refuse to serve when the profit faileth, and to raise it at his own will for his best advantage, and to tie all men and himself to be at liberty; the artificers and the poorer sort of people are most of all pinched, wherewith they, with the rest, find themselves aggrieved, so desire your worships thoroughly to consider thereof.

13. THE MUNICIPAL REGULATION OF WAGES AT CHESTER [_Morris, Chester in the Plantagenet and Tudor Reigns, p. 436_], 1591.

30 July, 33 Eliz. And at the same assembly Mr. Mayor delivered the corporation of the wrights and slaters, letting to understand of their great exactions of the citizens and servants, whereby they deserved to be disfranchised and their corporations dissolved. Whereupon it was thought most meet that Mr. Mayor do call before him the aldermen and stewards thereof, and take them in bond for redress and remedy of all such wrongs ... and in the meantime their corporation to be retained and also receive and give from time to time such wages as shall be appointed by the Mayor for the time being.

14. THE COMPANY OF JOURNEYMEN WEAVERS OF GLOUCESTER [_Hist. MSS. Com., Twelfth Report, App. Part IX, pp.416-418_], 1602.

Thos. Machyn, Mayor of the City of Gloucester, to all to whom, etc. Know ye that there came this day into the Court of the aldermen there divers of the journeymen weavers of the said city in the name of their whole fellowship of journeymen, and signified by their petition that whereas before this time sundry good ordinances have been made and granted by, and agreed upon by and between the master weavers of the said city, known by the name of the Warden and Fraternity of St. Anne of the weavers in the town of Gloucester, and the said journeymen, for the good order and government of man and for their better relief; and some disuse of the same has been of late years through the negligence of some of the said journeymen, and upon this untrue intendment that some of the said ordinances were not warrantable by the laws of this realm, nor convenient for the public good of the said city; it has therefore seemed fit to us, the Mayor and Aldermen, not only thoroughly to consider the said articles, but also to consider such books of compositions as have been heretofore given to the said company or fraternity of weavers, either by our predecessors or by the justices of assize of the county of the city; we have therefore called before us the Wardens and Stewards of the said fraternity or company to hear what they could or would say thereupon for our better information, requiring them further to shew us their books of compositions; who very willingly and orderly brought before us the several books hereafter mentioned; one book approved by the Justices of Assize, dated 10 Nov., 24 Henry VII, another book granted by our predecessors, also allowed by the Justices of Assize, dated 13 March, 4 Edward VI. We, having fully considered the said books, are pleased, with the consent of the present Warden and Stewards of the said Company of Weavers and of others the masters of the said Company occupying the trade of weaving within the said city, to allow that the journeymen of the said trade in the said city may in quiet and orderly sort at any time hereafter congregate and meet together at any fit place within the said city and such time of the day, between the hours of seven of the clock in the forenoon and four of the clock in the afternoon, as to them shall be thought fit and convenient, ever giving notice to the Warden of the said Company of weavers or, in his absence, to one of the stewards of the said fraternity one day before, at the least, of their meaning and purpose to meet, to the intent that if the said Warden or any of the said Company of the master weavers shall think or know anything meet to be considered of and conferred of between them, that the same might be proposed and so concluded of as might stand with equity and good order, and to the end that a quiet and peaceable demeanour with orderly and civil usage may be by and among the said whole company of journeymen at all times hereafter observed, and that the one to the other of them may give that brotherly aid and Christian relief as best may be for their helps, some of them being young men and bachelors having neither houses of their own or family, and some others of great years burdened with the charge of wife and many children; it is therefore thought good by us, with the assent of the said master-weavers, that they the said journeymen shall and lawfully may yearly, on the day of Saint Peter the Apostle, meet together and choose two honest and discreet journeymen of the elder and discreetest sort of them to be their Stewards for the year ensuing, which Stewards shall have power and authority to assemble and call together all the journeymen of the said art or others whatsoever professing and using the trade of weaving in the said city or suburbs of the same not being masters, and they so being assembled to confer among themselves of all such good means and orders as best may be for the good of their society and to the only ends and purposes before mentioned; which said journeymen being so chosen shall take upon them the said office of Stewardship and shall execute all and singular the following ordinances, either of them refusing the said office to forfeit 40s.; and the said Stewards shall be yearly presented on St. Ann's day by six of the elder and better sort of their Company of journeymen unto the Warden and Stewards of the said Company of Weavers at such time and place as shall be by them appointed, there to understand what to them doth pertain as servants of the said trade of weaving, or by virtue of their composition or grants made heretofore, or hereafter to be made, etc., all of which they shall faithfully promise by giving of their hands to perform and cause to be performed, on pain of 20s.

[Detailed ordinances follow. They require journeymen who are strangers to produce a certificate of apprenticeship and testimony of good behaviour, and to pay on admission 8d. to the fellowship of journeymen. Other journeymen are to pay 4d. on admission, and all are to pay 1d. per quarter "to the relief of the poorer sort of the said fellowship." Journeymen embezzling yarn are to be expelled, and those absent from the election of new stewards are to be fined 3s. 4d. The company of journeymen shall do nothing prejudicial "towards the Warden and his Company ... of the said art ... of weavers, either by raising ... their wages or otherwise."]

15. A PETITION OF WEAVERS WHO ARE NOT BURGESSES [_Nottingham Records, Vol. IV, pp. 274-5_], 1604-5.

To the worshipful master mayor and his brethren.

Be it known, Right Worshipful, that we be a certain number of poor weavers who do use our trade within this town of Nottingham, thereby to maintain ourselves our wives and children, according to the laws of God and the King's Majesty's laws. It is not unknown unto your worship how the burgess weavers have sought, and at this present do seek, to put us down from working, thereby to work the utter undoing of us and of our poor families. We humbly do entreat your Worships' favours with equity to consider of our poor estates, who do not offend them nor work within their freedom or composition, if they have any. Your Worships may understand they do trouble us more of malice than for any hindrance they receive by us, for that we see men of other trades, both in this corporation and others, not being burgesses, yet work in manner as we do, unmolested or troubled. Therefore we beseech your Worships that we may have liberty to use our trades for the maintenance of ourselves, our wives, and children, and if there be anything due either to Master Mayor or any of his Worships' officers we are ready to discharge it; but as for the weavers, we know no reason or authority they have to claim anything of us, neither do we find ourselves able to bear so heavy a burden as they would lay upon us.

16. EXTRACTS FROM THE LONDON CLOTHWORKERS' COURT BOOK [_Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 229-234_], 1537-1627.

July 13, 1 Mary. All the company had warning to keep their servants from unlawful assemblies and that they have no talk of the council's matters as they will answer at their uttermost perils.

January 16, 1-2 Mary. The wardens of the yeomanry brought into the hall a new chest with iii locks and iii keys to serve to put their money in, wherein was by them put in ready money xiiijl. vis. xid., the Mr. of the Company having one key, the upper warden of the yeomanry another key, and one of the assistants of the yeomanry to have the third key.

Also it was agreed that the said Wardens of the Yeomanry shall have such orders as hath been here taken, concerning such articles as they ought amongst themselves to observe, to be entered in their book to the intent they may better keep them.

July 13, 2 Mary. It is agreed that from henceforth all such apprentices as shall come out of their years, being of the handicraft, shall before they be sworn be tried and seen by the Wardens of the Yeomanry, whether they be workmen able to serve in the common weal or not.

* * * * *

November 29, 1567. This day the whole company of the handicraftsmen were warned to be here according to the order taken by the last court day, and these articles following were read unto them, and they all with one voice consented to every of the said articles, and made humble request with willing hearts as they professed that these said orders may be forthwith put in execution with diligence, affirming the same orders to be profitable to them all.

Item that there shall be eight or ten persons elected and chosen by the wardens and assistants to have the view of all the merchants' cloths hereafter to be wrought within the company, and that no person of this company to fold, take, or press or to deliver to the owner any merchant's cloth before the same cloth be viewed and seen by two of the said persons so appointed. And the said cloths so by them seen and found truly wrought, that is to say rowed, barbed, first-coursed and shorn from the one end to the other according to the statute last made, they to set the common seal of the house to every such cloth in token of true workmanship done upon the same. And every such cloth as shall be by the said searchers or any of them found faulty in workmanship, or that shall be folded, tacked, pressed, or delivered to the owner before it be viewed and sealed in form aforesaid, every workman of such cloth or cloths to pay for a fine of every such cloth xxs. ...

* * * * *

December 6, 1591. This day also at the earnest suit and request and upon the full agreement of those of the assistants and livery of the Company being of the handicraft, the Wardens of the Yeomanry, their assistants and xxiiij more of the said yeomanry, it was by this Court fully ordered and agreed that there shall be four of the said yeomanry appointed to be sealers to seal all such woollen cloth as the merchants or any of them shall appoint and deliver to any of this company to be dressed to the intent to be transported over sea, etc. ... and that every clothworker shall send for the sealers when his cloth is ready.

January 16, 1610-11. The humble suit of your worships servants of the yeomanry.

First, we entreat your worship that the upper Warden of the Yeomanry's account may be yearly audited according to an old custom carefully provided for by your worships predecessors, (that is to say) by two from your worships Court of Assistants and two of our Ancients of the yeomanry.

Secondly, we humbly entreat your worship that the remainder of the quarterage, your worships' officers being paid, may remain in the yeomanry's chest according to an old custom, our worshipful Master of this Company for the time being to keep one key, the upper Wardens of the Yeomanry to keep another key, and one of the Ancients of the Assistants of the Yeomanry to keep the third key.

Thirdly, we desire of your worship that the upper warden of the yeomanry may have one of his Ancients last being in his place to sit by him and assist him in his accompts and to show him wherein the Company is wronged.

Fourthly, we desire that when we shall find our officer of the yeomanry to be slack and remiss in doing of his duty in his service which he ought to do for the good of the Company, and the same duly proved against him, that we of the yeomanry may have full authority to dismiss him at our own discretion, but not without the consent of the Master and Wardens and Assistants of this Company for the time being first had and obtained in that behalf.

These Petitions and requests of the yeomanry were granted and agreed upon by the Master, Wardens and Assistants present at the said court holden the said sixteenth day of January 1610 aforesaid.

* * * * *

June 13, 1627. Whereas ... Suit was commenced in Court of King's Bench at Westminster by the Wardens of Yeomanry in the name of Master and Wardens against divers Merchant Adventurers upon viii Elizabeth, which yet dependeth in the said court undetermined, and the said Wardens of Yeomanry considering that the proceedings in like suits formerly commenced have been stopped by some special command of the King and State upon the solicitation of the said Merchant Adventurers being strong in purse and friends, have bethought themselves of a way or mean to prevent the said Merchant Adventurers from the like, and to that purpose have dealt with a Gentleman named Mr. George Kirke of the King's Majesty's Bedchamber, very gracious with his Majesty, who for a fourth part of this moiety of all penalties, forfeitures which shall be obtained or gotten upon any recovery to be had against any of the said Merchant Adventurers upon any action or suit brought or to be brought, sued, commenced, etc., hath undertaken to do his best and to use all the credit and means he can to his Majesty that there be no stop or stay in course of law for the solicitation or procurement of the said Merchant Adventurers in suits already brought or to be brought.

[The Wardens of Yeomanry ask that the Court may record the agreement.]

17. THE FELTMAKERS' JOINT-STOCK PROJECT[271] [_Cotton MSS. Titus B.V. 117_], _c._ 1611.

The state of the Feltmakers' Case, with some propositions on their part to remedy the mischiefs they now are constrained to endure.

The feltmakers were by decrees in Star Chamber united to the Company of the Haberdashers, London, and did sit with them in their hall for government of the trade, till they, finding themselves rather oppressed by them than any way cherished or abuses reformed, thereupon by suit obtained a charter from his Majesty by which they were incorporated a body of themselves by the name of Master, Wardens and Commonalty of the Art and Mystery of Feltmakers of London and 4 miles compass.

Hereupon by allowance of the Lord Mayor they published their charter, took them a hall, and accordingly did and do govern their company. Afterwards considering that they were a trade and company of themselves by whom many thousands do live besides their company, namely, the hat trimmers, band makers, hat dyers and hat sellers, which are the haberdashers, and yet nevertheless they were extremely kept under by the haberdashers engrossing the commodity of wools brought in merely for their trade of hatmaking and for no other use, and by that means having both the means of the feltmakers' trade (for wool) and the means of their maintenance (for buying their wares being made) all in their power, by which the feltmakers in general (except some few in particular) do find themselves much wronged, and by means of it and their daily threats did fear the overthrow of their trade: whereupon the generality petitioning to the company of the hard case they lived in, notwithstanding their extreme sore labour, besought them to provide some means for their relief and prevention of what might ensue. The company then by means made them a stock to buy the wools imported for the company at the best hand; but being opposed by the haberdashers, the prices by that means were enhanced, and yet the sale of their wares made kept in bondage as before, whereby many of their trade have been impoverished, many forced to leave their trade, and many to forsake the city, by which means all that now live of feltmaking as pickers, carders, trimmers, bandmakers, dyers and hatsellers are much hindered, the trade being drawn into the country.

Hereupon the company became (as often before) humble suitors for their freedom, which by opposition of the Company of Haberdashers and their false suggestions to the court, they could not obtain--howbeit a Committee of Aldermen have certified it to be fit--neither are suffered to have liberty to search for the abuses of their trade under warrant from the Lord Mayor, which formerly they have often done; besides, their shops threatened to be shut up, notwithstanding their inhabiting of the city many years.

Now the company seeing the extreme malice of the haberdashers, and that the sale of their wares lieth solely in them, whereby many are forced to hawk their hats made contrary to the statutes, and sell at far less rates than they can truly afford them, only to buy victual, whereby if some redress be not had many will be undone or forced to go into the country, to the great damage of the trade in general and overthrow of the corporation which they much desire to support: they have considered to raise them a stock to take in all men's wares when they be made, to avoid hawking, and to encourage men to follow their trade and continue within the corporation, for the benefit of all parties, the city, the trade and company, and all that trim and sell hats and live by that trade, without desire of enhancing the price of anything or damage to any man.

The stock they purpose to be 25,000l., to be resident in some convenient place of the suburbs, where men may take notice to have money for their wares if they will bring them, being made good and at such rates as they may well be afforded, by judgment of sworn men of the trade, who shall rate them both inward and outward, so as the poor shall sell much better than they have done the other sort, howbeit they sell cheaper by 2s. in the pound than for the most part they have done; yet having a certain market and ready money to buy wool again; and, in that then they shall be in no hazard of loss by trusting, as now they do, their gain will be much more.

1. The corporation will flourish.

2. Felts will be better made in that every man shall have price for his ware as his workmanship is.

3. The trade, being much used in the country, will revert into the city, to the benefit of the city and all that live by the trade.

4. The haberdasher shall buy good wares more generally than now and at as cheap rates as he now usually buyeth (the times of the year and prices of wool considered), and be sorted with much more ease and content than now he is.

5. The haberdasher of mean estate shall be in much better case than now, for that every man shall have good wares without culling according to their sorts.

6. The commonwealth shall be better served in that now they shall have good wares for their money.

7. The stock cannot but be gainful to the stockers, in that the hats, according to their goodness, shall come in at 2s. in the pound profit upon the sale, merely out of the feltmaker's labour, who is equally benefited by the certain stock. Besides, the often return of the stock at 2s. in the pound cannot but give content to the stockers.

8. The stock shall be sufficiently secured were it never so much, in that they shall deliver no money without a sufficient value of wares. Their sale will be certain in that without buying the haberdashers cannot uphold their trade. Besides, no man shall have benefit of the stock except he will bring all the ware he makes to it (except it be a hat or two specially made, and that with the privilege of the stockers). Besides, if at any time the stock shall be full of ware and want money, the company by a general consent can forbear bringing in or slack their making for a time. But so it is that once in a year all felts will off, of what nature soever.

9. The wares being of necessity to be bought, the stockers will need not trust except they will but upon good security, which will make men more wary in buying.

[Footnote 271: Unwin, _Industrial Organization in the Sixteenth and Seventeenth Centuries_, pp. 240-42,]

18. THE CASE OF THE TAILORS OF IPSWICH[272] [_Coke's Reports, Part XI, pp. 53-55_], 1615.

Trin. II, Jac. Reg. King's Bench.

[The Master, Wardens, and Community of the Tailors and Workers of cloth of the town of Ipswich in the County of Suffolk brought an action for 13l. 13s. 4d. against William Sheninge. They allege

(i) that by the letters patent incorporating them they had power to make reasonable rules and ordinances and to impose fines for breach of them;

(ii) that they had made a rule that no person occupying any of the said trades in Ipswich should keep any shop or chamber, or exercise the said faculties, or any of them, or take an apprentice or journeyman, till he should present himself to the Master and Wardens of the said society, should prove that he had served an apprenticeship, and should be admitted as a sufficient workman, on pain of 5 marks fine;

(iii) that in accordance with 19 Hen. vii., cap. 7, they had submitted these rules to the justices of assize, who had allowed them;

(iv) that William Sheninge had worked 20 days as a tailor without complying.

The defendant pleaded he was an apprentice by the space of 7 years, that he had been retained as domestic servant for a year and that as such he made garments for him, his wife, and children, which is the same use and exercise wherein the plaintiffs demur.]

And in this case upon argument at the Bar and Bench, divers points were resolved--

1. That at the Common Law no man could be prohibited from working in any lawful trade, for the law abhors idleness ... and especially in young men, who ought in their youth ... to learn lawful trades and sciences which are profitable to the common weal.... And therefore the law abhors all monopolies, which prohibit any from working in any lawful trade. And that appears in 2 H. 5, 56. A dyer was bound that he should not use the dyers' craft for 2 years, and there Hull holds that the bond was against the common law, and by God if the plaintiff was here he should go to prison till he paid a fine to the king; so for the same reason, if an husbandman is bound that he shall not sow his land, the bond is against the common law.... And if he who undertakes upon him to work is unskilful, his ignorance is a sufficient punishment to him ... and if any one takes him to work and spoils it, an action on the case lies against him. And the Statute of 5 Eliz. 4, which prohibits every person from using or exercising any craft, mystery, or occupation unless he has been an apprentice by the space of 7 years was not enacted only to the intent that workmen should be skilful, but also that youth should not be nourished in idleness, but brought up and educated in lawful sciences and trades: and therefore it appears that without an Act of Parliament none can be prohibited from working in any lawful trade. Also the common law doth not prohibit any person from using several Arts or mysteries at his pleasure....

2. That the said Restraint of the defendant for more than the said Act of 5 Eliz. has made was against law, and therefore for as much as the Statute has not restrained him who has served as an apprentice for seven years from exercising the trade of a tailor, the said ordinance can't prohibit him from exercising his trade till he has presented himself before them, or till they allow him to be a workman; for these are against the liberty and freedom of the subject, and are a means of extortion in drawing money from them, either by delay or some other subtil device or by oppression of young Tradesmen by the old and rich of the same Trade, not permitting them to work in their trade freely; and all this is against the Common Law and the commonwealth. But ordinances for the good order and government of men of Trades and Mysteries are good, but not to restrain any one in his lawful mystery.

3. It was resolved that the said branch of the Act of 5 Eliz. is intended of a public use and exercise of a trade to all who will come, and not of him who is a private cook, tailor, brewer, baker, etc., in the house of any for the use of a family, and therefore the said ordinance had been good and consonant to law. Such a private exercise and use had not been within it, for every one may work in such a private manner, although he has never been an apprentice in the trade.

4. It was resolved that the Statute of 19 H. 7, cap. 7, doth not corroborate any of the ordinances made by any corporation, which are so allowed and approved as the Statute speaks, but leaves them to be affirmed as good, or disaffirmed as unlawful, by the law; the sole benefit which the corporation obtains by such allowance is that they shall not incur the penalty of 40l. mentioned in the Act, if they put in use any ordinances which are against the king's prerogative, or the common profit of the people.

Judgment for defendant.

[Footnote 272: This case is important as an illustration of the attitude of the Common Law Courts towards rules made in restraint of trade. See below, section III of this Part, Nos. 17 and 24.]

19. THE GRIEVANCES OF THE JOURNEYMEN WEAVERS OF LONDON [_Gildhall Library. The case of the Commonalty of the Corporation of Weavers of London truly stated_],[273] _c._ 1649.

Humbly presented to the consideration of the honourable House of Commons.

All legal jurisdictions over a number of people or society of men must either be primitive or derivative. Now primitive jurisdiction is undoubtedly in the whole body, and not in one or more members, all men being by nature equal to other; and all jurisdictive power over them, being founded by a compact and agreement with them, is invested in one or more persons, who represent the whole, and by the consent of the whole are empowered to govern by such rules of equality towards all, so that both governor and governed may know certainly what the one may command and what the other must obey; without the performance of which mutual contract all obligations are cancelled, and that jurisdictive power returns unto its first spring (the people) from whence it was conveyed.

And doubtless whatever power our Governors of the Corporation of Weavers may pretend and plead for, if they had any rationally, they had it at first from the whole body, as it stands incorporated into a civil society of men walking by such rules, established for the preservation of the trade, advancement and encouragement of the profession thereof.

And if it be objected that they had a charter granted them by the King, wherein they are invested that power they challenge, we answer that there is not any one liberty that is granted to them but that is also granted to the meanest member of the said company. The words of the charter are these:--

[Here follows a copy of the charter granted by King Henry II to the Weavers of London.]

So that it is clear that this grant was not to so many particular men, but to the whole society; and what power soever any person or persons were afterwards invested withall must of necessity be by the consent, election, and approbation of the whole body; and if our Egyptian taskmasters have any further commission for their usurped power over us, why do they not produce it? Certainly, if they could, they would. But having none they plead custom and precedents, both which they will find but broken reeds to lean upon, but rotten props to support their worm-eaten sovereignty.

1. For first, there must be these two things to make a custom valid: (i) Usage; (ii) Time. Yet that time must be such whereof there is no memory of man, and the usage must be peaceable, without interruption. But both these are wanting to strengthen their claim to their pretended power over us.

2. Suppose there were a custom, and that it had been time out of mind also, yet if long usurpations of power could make the exercise thereof legal, the very foundation of just government were subverted.

3. No custom against an Act of Parliament is valid in law. But the custom claimed by our governors is against the very fundamental constitutions both of all civil societies and of several Acts of Parliament, which ordain that all elections shall be free, chiefly 3 of Ed. I, chap. 5, by virtue of which the people choose all their officers and magistrates in the several parishes and precincts in this kingdom. And if it be according to law in the major, the commonwealth, it must consequently hold in the minor, a particular corporation or civil society of men, as we are, etc.

4. But customs are only valid when reasonable.... Now nothing in the world can be more unreasonable than that such a number of men as 16 should have liberty to exercise a power over as many thousands, without, nay against, their wills, consent, or election ..., the challenge and exercise of such a power over a people being the perfectest badge of slavery that men can be subjected to.

But we shall proceed in a discovery of those oppressions and abuses which we complain so much against in our governors.

1st Charge. They have admitted aliens to be members for sums of money, contrary to the statutes of the realm, orders of the Lord Mayor and Court of Aldermen, customs of the city, and ordinances of the company.... They have brought in by their own confession three hundred and twelve strangers to be masters of the said company, and have taken for their admittance 5l. a man, which amounted to 1,560l., or thereabouts.... They object that the strangers admitted are broad weavers and deal not in the commodities that we trade in, viz., ribbon, lace, etc.

The objection is false; for most of us can, and many of us have wrought, as good broad stuffs as are nowadays made, and would do still, were it not for the vast number of strangers (which have engrossed the trade).... And if it be demanded how or by what means they got the trade into their hands, we answer that at the beginning of the war many of us and our servants engaged for the Parliament, and, in our absence, they, being generally malignant, staying at home, and keeping servants all of their own country, never employing any English, as they by law ought, by degrees got all the trading, so that now the war is ended, and we returned to follow our callings, we can get no employment. By which means many hundreds have been forced to leave the trade, as to be porters, labourers, water-bearers, etc., and many forced to take relief from the several parishes wherein they dwell....

2nd Charge. They have admitted natives to weave and set up weaving in their gild, without serving seven years, contrary to the statutes, orders and customs aforesaid, as hath been proved by several witnesses before the Committee of the honourable House.

3rd Charge. They exact extraordinary fees of those persons that they make free or admit, taking a silver spoon of an ounce and a half weight, and five shillings and eightpence in money, contrary to the Statute of 22 of Hen. VIII, chap. 4, and 28 of Hen. VIII, chap. 5....

4th Charge. They have deprived the commonalty of their rights in their first ordinance, which saith the bailiffs are to be chosen by the bailiffs, wardens, assistants, and commonalty, which ordinance is grounded upon the Statute of 3rd of Ed. I, chap. 5, which saith elections ought to be free, etc.

As touching the right of election, sufficient hath been spoken in the preamble before these charges; only give us leave to insert a few particulars in answer to their objection.

1. Whereas they object, that the commonalty are represented in the livery of the said company, we answer:--Legal representatives must be legally chosen by the persons represented, or else they cannot, or at least ought not, to be bound by their determinations. But the livery-men of our company are chosen by the bailiffs and governors, and not by the commonalty, so may properly be called the governors' representatives and not ours, we being never called upon to give our voice in their elections. Neither are they, indeed, elected, but brought in for 5l. a man. In lieu whereof they are invested with a peculiar privilege above others, by being empowered to keep more servants than ordinary, by which means the commonalty is destroyed also....

5th Charge. They have dismissed the yeomanry contrary to six several orders made with their consent by the Lord Mayor and Court of Assistants.

But they object that they have not dismissed them, etc. If they had not dismissed them, what needed so many several orders to be made to the contrary? But we desire you to take notice that the yeomanry did consist of sixteen persons which were authorized by the aforesaid six several orders to search and find out the abuses in trade, viz., intruders that had not served seven years, and that none but serviceable goods might be made for the commonwealth. Now, because these governors gain by intruders, making them pay for their permission, and driving the greatest trade, making much light and deceitful work, therefore they have dismissed the said yeomanry, by reason whereof both the said evils are continued. Besides, the yeomanry by the said orders were to have the journeymen's quarteridges for their pains, but now being by them dismissed they gather the quarteridges and share it among themselves.

6th Charge. That they have wasted the treasure and stock of the company in byways, and have not made that provision for the poor members of the company as by their trust they ought to have done.

So that what with their feastings, defending vexatious suits contrary to law, purchasing a monopoly, large fees for councillors, bills, demurrers, suits against weavers of other companies, etc., they have in one year out of the company's stock and income (which amounted but to 791l. 5s. 5d.) spent 566l. 19s. 8d., which year's account agrees with their disbursements other years also; and for 200l. given by one Mr. Ralph Hamon to purchase land for the poor, they have purchased none to this day, but have shared the money among themselves....

The premises considered, and all other circumstances duly weighed, our desires for the freedom of elections being both legal and rational, our sufferings and abuses under usurping pretended governors so abusive and offensive, our wants so great, company so numerous, trading so little, and that too devoured by strangers, ... we therefore hope that all these things put together will be of such weight with all conscientious, godly men in this honourable House of Commons, as that we shall not need to fear your willing assistance for the redressing of these great evils and granting our just desires. The speedy performance whereof will not only gain unto you the prayers of many thousand persons who are ready to perish for want of trading, but also engage them, as heretofore, so for the future, to stand by you in your greatest necessities, for the strengthening your hands in the execution of justice and judgment, and redress of the oppressions of the nation.

[Footnote 273: Part of this document is quoted by Unwin, _Industrial Organization in the Sixteenth and Seventeenth Centuries_, pp. 205-6.]

SECTION III

THE REGULATION OF INDUSTRY BY THE STATE

1. Proposals for the Regulation of the Cloth Manufacture (_temp_ Henry VIII)--2. Administrative Difficulties in the Regulation of the Manufacture of Cloth, 1537--3. An Act Touching Weavers, 1555--4. Enactment of Common Council of London as to Age of Ending Apprenticeship, 1556--5. William Cecil's Industrial Programme, 1559--6. The Statute of Artificers, 1563--7. Proposals for the Better Administration of the Statute of Artificers, 1572--8. Draft of a Bill Fixing Minimum Rates for Spinners and Weavers, 1593--9. Draft Piece-list Submitted for Ratification to the Wiltshire Justices by Clothiers and Weavers, 1602--10. An Act Empowering Justices to fix Minimum Rates of Payment, 1603-04--11. Administration of Acts Regulating the Manufacture of Cloth, 1603--12. Assessment made by the Justices of Wiltshire, dealing mainly with other than Textile Workers, 1604--13. Assessment made by the Justices of Wiltshire dealing mainly with Textile Workers, 1605--14. Administration of Wage Clauses of Statute of Artificers, 1605-08--15. Administration of Apprenticeship Clause of the Statute of Artificers, 1607-08--16. The Organisation of the Woollen Industry, 1615--17. Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1615--18. A Petition to Fix Wages Addressed to the Justices by the Textile Workers of Wiltshire, 1623--19. Appointment by Privy Council of Commissioners to Investigate Grievances of Textile Workers in East Anglia, 1630--20. Report to Privy Council of Commissioners appointed above, 1630--21. High Wages in the New World, 1645--22. Young Men and Maids Ordered to Enter Service, 1655--23. Request to Justices of Grand Jury of Worcestershire to Assess Wages, 1661--24. Proceedings on the Apprenticeship Clauses of the Statute of Artificers, 1669.

The documents in this section illustrate the regulation of industrial relationships by the government of the Tudors and of the first two Stuarts. The principal aims of their policy were to check the movement of the textile industries from the town to country districts (Nos. 3 and 6), to prevent the concentration of industry in the hands of capitalists (Nos. 3 and 11), or the creation of a necessitous proletariat (No. 4), to exercise a police supervision over the movement of labour (Nos. 6, 7 and 14), to maintain the quality of English goods (No. 2), to prevent class encroaching on class (Nos. 5 and 6) either through the wage earner demanding excessive wages (No. 5) or through the employer beating them down unduly (Nos. 8, 10, 19, 20), in short to crystallize existing relationships with such changes only as the economic developments of recent years, particularly the fall in the value of money (No. 6), and the spread of the textile industries into rural districts (No. 3) made inevitable.

The system was developed in numerous Acts, of which the most important are given below (Nos. 3, 6 and 10). The most comprehensive measure was the Statute of Artificers of 1563 (No. 6). There was little original in this Act. Just as the Statutes forbidding depopulation (Part II, section I) really only developed manorial customaries into a national system, and the Poor Law Statutes (Part II, section IV) were based on the experiments of municipal authorities, so the Statute of Artificers was based partly on the practices of gilds (Part II, section II), partly on the mediæval Statutes of Labourers (see Part I, section VI, Nos. 12--19). Indeed, Cecil's original proposal (No. 5) seems to have been to re-enact 12 Richard II, cap. 3, which the rise in prices had made out of date. If seriously entertained, this idea must have been discarded. The most important innovation introduced by the statute in its final form was the substitution of a system of industrial regulation applying to almost the whole country for regulations applying to particular localities and particular trades.

The most important parts of the Statute of Artificers were those relating to apprenticeship and to the assessment of wages. The former, if we may judge by the proceedings of the County Justices (Nos. 11 & 15) and of municipal authorities (Part II, section II, Nos. 9, 10, 11, 15), seem to have been administered with considerable strictness, which was only to be expected in view of the interest which gilds, boroughs, traders and craftsmen generally had in seeing that they were carried out. Judicial interpretations seem, however, to have begun at an early date to whittle them away to some extent (No. 17), for the Judges disliked rules "in restraint of trade" (No. 24 and section II, No. 18).

The wage clauses of the Statute present a more difficult problem. There is no doubt that their object was to fix a maximum (not a minimum) wage for agricultural labour (Nos. 6 and 14), which, however, should move with movements in prices. This policy was not so oppressive as it appears to us, because of the wide distribution of landed property, the consequent fact that comparatively few rural workers depended entirely upon wages for their living, and the relatively small difference between the social position of the small farmer or master craftsman and the hired persons whom they employed. In a colony like Massachusetts, where the policy of fixing maximum wages was adopted, its motive was seen in the simplest form (No. 21). Even in England, however, the same motives were at work to a less degree (Nos. 5, 22 and 23). The policy of fixing a maximum wage was, in fact, on a par with that of fixing prices, and probably popular with the small masters and small landholders, who formed a large proportion of the urban and rural population. It did not come to an end with the destruction of the absolute monarchy, but continued, with fair regularity, down to 1688, and, after that, with much less regularity, at any rate to 1762.

The regulation of wages did not, however, only aim at fixing a maximum. It also aimed on some, perhaps rare, occasions at fixing a minimum, at any rate for workers in the textile industries. These latter were treated in a special way, because the development of capitalism in the textile industries (Nos. 2, 3, 8, 16 and 19) had created a wage problem of a modern kind, at any rate in the south and east of England, such as did not yet exist in agriculture. Municipal authorities had in the past fixed minimum rates for textile workers (section II, No. 5). In 1593 four Bills were drafted which proposed to do the same by legislation, of which one is printed below (No. 8), and in 1603-04 an Act (No. 10) was passed to this effect. Two examples of the establishment of minimum rates are given from the proceedings of the Wiltshire Quarter Sessions, in 1602 and 1623. In the former case (No. 9) a piece list was drafted by a committee of clothiers and weavers, which was subsequently issued without alteration by the Justices (No. 13). In the latter case (No. 18) the textile workers of Wiltshire asked the Justices to enforce the assessment of wages on their employers, and the Justices complied by ordering the rates to be published at Devizes. This shows that the regulation of wages did in some cases protect the workers. Naturally, however, the Justices required stimulating in this part of their duties, and during the period of Charles I's personal government the Privy Council intervened to compel them to fix rates, as it did to compel them to administer the Poor Laws. In 1630 it received a petition from the textile workers of Suffolk and Essex complaining that their wages had been reduced, and appointed commissioners to investigate the matter (No. 19), who compelled the employers to raise wages (No. 20). The policy of fixing _minimum_ rates seems to have come to an end with the fall of the absolute monarchy in 1640, though it was occasionally revived by Parliament in the sixteenth century. (Part III, section III, Nos. 3, 4 and 15).

AUTHORITIES

The more accessible of the modern writers dealing with the subject of this section are:--Cunningham, _English Industry and Commerce, Modern Times_, Part I; Ashley, _Economic History_, Vol. I, Part II, Chap, iii; Unwin, _Industrial Organisation in the Sixteenth and Seventeenth Centuries_; Abram, _Social England in the Fifteenth Century_; Dunlop and Denman, _English Apprenticeship and Child Labour_; Rogers, _Six Centuries of Work and Wages_; Hewins, _English Trade and Finance in the Seventeenth Century_; Schanz, _Englische Handelspolitik Gegen Ende des Mittelalters_; Tawney in _Die Vierteljahrschrift für Sozial und Wirtschaftsgeschichte_, Band XI and XII, Heft 8 and 9; Macarthur, in E.H.R., Vols. IX, XIII and XV; Hewins in _Economic Journal_, Vol. VIII; Hutchins, _ibid._, Vol. X.

Bibliographies are given by Cunningham, _op. cit._, pp. 943-998; Unwin, _op. cit._, pp. 263-270; Ashley, _op. cit._, pp. 190-1, 243-8; Abram, _op. cit._, pp. 229-238; Dunlop & Denman, _op. cit._, pp. 355-63; the student may also consult the following:--

(1) _Documentary authorities_, 1485-1660:--The most important printed sources of information for the administration of the industrial legislation of the 16th century are Town Records (see bibliographies, especially those of Unwin and of Dunlop & Denman), and the Proceedings of the County Justices contained in the following works:--Hamilton, Devonshire Quarter Sessions from Queen Elizabeth to Queen Anne; Atkinson, Quarter Session Records of the North Riding of Yorkshire; Willis Bund, Worcester County Records, division I; Cox, Three Centuries of Derbyshire Annals; Hardy, Hertford Quarter Session Records; Hardy & Page, Bedfordshire County Quarter Sessions; volumes published by the Historical MSS. Commission, especially Vol. I; Victoria County History, _passim_.

(2) _Literary authorities._--The law is explained by numerous writers of legal text books, _e.g._, Fitzherbert, The Book Belonging to a Justice of the Peace; Lambard, Eirenarcha; Sheppard, Whole Office of the County Justice of the Peace. Cases before the courts concerning apprenticeship are quoted in the Reports of Coke and Croke. Sidelights on contemporary opinion may be obtained from Rotuli Parliamentorum III, 269, 330, 352; IV, 330-331, 352; V, 110; More, Utopia; Starkey, A Dialogue between Cardinal Pole and Thomas Lupset (Early English Text Society, England in the Reign of King Henry VIII); Forest, The Pleasant Poesy of Princely Practice (_ibid._); The Commonweal of this Realm of England (edited by E.R. Lamond); King Edward's Remains, a Discourse about the Reformation of many abuses (printed in Burnet's History of the Reformation); Winthrop's Journal; Petty, A Treatise of Taxes and Contributions, Chapter I, Section 4.

1. PROPOSALS FOR THE REGULATION OF THE CLOTH MANUFACTURE[274] [_Brit. Mus. Cotton MSS., Titus B. I, fol. 189_], _temp._ Hen. VIII.

Articles to be certified to my lord privy seal according to his letter for the complaint of the weavers in the seven hundreds in the country of Kent.

First, that no clothier, that hath not had exercise in his youth by the space of two years at the least in the craft of weaving, use or have in his house or at his commandment any loom.

Item, that no clothier weaver using to make coloured clothes shall use, have, or occupy in his house or at his assignment any more than one loom.

Item, that if the cloth-maker have cause to complain upon the weaver for not duly and truly working of their clothes or the weaver cause to complain upon the clothier for not paying him his duty for the said weaving, that then the party grieved shall complain to the next justice of peace, and he shall assign one indifferent weaver and one indifferent clothier to examine the cause of variance and to assess what amends the party grieved shall have. And the party to stand and abide the order so made.

Item, where it is ordered by the statute of anno 4 E. 4 _capitulo primo_, that the clothier shall pay ready money to the weavers and spinners and other their artificers, that the said statute shall be put in due execution.

Item, if any clothier, tailor, cordwainer or other artificer, by what name or names soever he or they be called, that hereafter shall fortune to come out of any shire other than out of the said shire of Kent into any of the 7 hundreds there to seek service and to have work, that then he or they that will or shall happen to take him or them into his or their service or services, shall before one of the justices of the peace be bound unto the king by way of recognisance in such sum as by the discretion of the said justice shall be appointed; that the said person so by him taken into service shall be of good behaviour during the time that he shall be in his service, and that the said justice be not compellable to certify the same recognisance, unless the same recognisance be forfeited. And this to be done from time to time, as often as the justice of the peace shall think convenient. And if any man retain any man in his service without putting in surety, as is above said, that then the justice of the peace to have authority to commit such person or persons to ward, there to remain by his discretion.

EDWARD WOTTON. THOMAS WYLFFORD.

[Footnote 274: Quoted Schanz, Vol. II, pp. 660-1.]

2. ADMINISTRATIVE DIFFICULTIES IN THE REGULATION OF THE MANUFACTURE OF CLOTH[275] [_Brit. Mus. Cotton MSS. Titus B. V, fol. 187_], 1537.

Before my right hearty commendations to your good lordship. It may please the same to understand, that divers of the clothmakers in these parts have been with me, declaring unto me, that in case they shall be compelled to make cloth from Michaelmas forwards according to the king's act, it shall cause them and other of their occupation to cease and forbear clothmaking, saying, that it is impossible to keep the breadth of the cloth limited by the act, and also that the weavers, being very poor men, have not nor be able to provide looms and sleys to weave clothes according to the act. Whereunto I answered them, that there is much slander in outward parts for false clothmaking, and for remedy thereof this act was provided; and or ever the act was made, there were divers clothmakers spoken with, who affirmed, that it was reasonable; wherefore I told them that I thought that they did rather seek occasion to continue still false clothmaking, than put their good endeavour to make true cloth according to the act; and also I shewed to them, that the King's Highness had suspended the same act by a long time by his proclamation, to the intent that they might provide looms and other necessaries for the making of true cloth according to the act, wherefore I marvelled much that they had been so negligent in the provision thereof, declaring unto them, that I thought that the King's Highness would not defer the execution of the act any longer; which it seemed to me they lamented very sorely, saying that they would leave their occupying for the time; for they could not by no possible means make cloth according to the act, and specially for their breadth; and I bade them take heed and beware, for I thought, they might perform the act, if they had good will and good zeal to the common weal; and if they by obstinacy or wilfulness would leave clothmaking, whereby percase might grow murmur and sedition among the people for lack of work, that then it would be laid to their charges, to their perils and utter undoings. Whereunto they said obediently, that they would do that lay in their possible powers, but more they could not, beseeching me, that I would be a means to the King's Highness once again to suspend the act, which I would not promise them to do, and so left them for this time in despair of this matter; and so now advertise your good lordship thereof, to the intent that, if it seem by your wisdom convenient, ye may move the King's Majesty hereof to the intent, his Grace's pleasure may be known, whether his Highness of his goodness would yet suspend the act for one other year, which in my poor opinion, if so may stand with his Grace's pleasure, shall not be much amiss, beseeching your good lordship, that I may be advertised hereof as soon as you conveniently may; for Michaelmas is the last day of the old proclamation for this matter; and thus fare your good lordship as heartily well as I would myself. Written at Terlyng the 23rd day of September.

Your[s] assuredly to his preservation (?)

THOMAS AUDELEY, lord chancellor.

[Footnote 275: Schanz, Vol. II, pp. 662-3.]

3. AN ACT TOUCHING WEAVERS[276] [_2 & 3 Phil. & Mary, c. xi. Statutes of the Realm, Vol. IV, Part I, p. 286-87_], 1555.

Forasmuch as the weavers of this realm have, as well at this present parliament as at divers other times, complained that the rich and wealthy clothiers do many ways oppress them, some by setting up and keeping in their houses divers looms, and keeping and maintaining them by journeymen and persons unskilful, to the decay of a great number of artificers which were brought up in the said science of weaving, their family and household, some by ingrossing of looms into their hands and possession, and letting them out at such unreasonable rents as the poor artificers are not able to maintain themselves, much less their wives, family and children, some also by giving much less wages and hire for the weaving and workmanship of [cloth] than in times past they did, whereby they are enforced utterly to forsake their art and occupation wherein they have been brought up: It is therefore, for remedy of the premises, and for the avoiding of a great number of inconveniences which may grow (if in time it be not foreseen) ordained, established and enacted, by authority of this present parliament, that no person using the feat or mistery of clothmaking and dwelling out of a city, borough, market town or corporate town, shall from the feast of St. Michael the Archangel now next ensuing, keep, retain or have in his or their house or possession any more or above one woollen loom at one time, nor shall by any means directly or indirectly receive or take any manner profit, gain or commodity by letting or setting any loom, or any house wherein any loom is or shall be used and occupied, which shall be together by him set or let, upon pain of forfeiture for every week that any person shall do contrary to the tenour and true meaning hereof 20s.

And be it further ordained and enacted by like authority, that no woollen weaver using or exercising the feat or mistery of weaving, and dwelling out of city, borough, market town or town corporate, shall after the said feast have or keep at any time above the number of two woollen looms, or receive any profit, gain or commodity, directly or indirectly as is aforesaid, by any more than two looms at one time, upon pain to forfeit for every week that any person shall offend or do to the contrary 20s.

And it is further ordained and enacted by like authority, that no person which shall after the said feast, use, exercise or occupy only the feat or mistery of a weaver, and not clothmaking, shall during the time that he shall use the feat or mistery of a weaver, keep or have any tucking mill, or shall use or exercise the feat or mistery of a [tucker] or dyer, upon pain to forfeit for every week that he shall so do 20s.

And it is further enacted by like authority, that no person which after the said feast shall use, exercise or occupy the feat or mistery of a tucker or fuller, shall during the time that he shall so use the said feat or mistery, keep or have any loom in his house or possession, or shall directly or indirectly take any profit or commodity by the same, upon pain to forfeit for every week 20s.

And it is further ordained and enacted by like authority, that no person whatsoever, which heretofore hath not used or exercised the feat, mistery or art of clothmaking, shall after the said feast, make or weave or cause to be made or woven any kind of broad white woollen cloths, but only in a city, borough, town corporate or market town, or else in such place or places where such cloths have been used to be commonly made by the space of ten years next before the making this act; upon pain of forfeiture for every cloth otherwise made five pounds.

Provided always and be it further enacted by the authority aforesaid, that it shall not be lawful to any person or persons being a weaver, or that doth or shall use the art or mistery of a weaver or weaving, dwelling out of a city, borough, town corporate or market town, to have in his and their service any more or above the number of two apprentices at one time; upon pain to forfeit for every time that he shall offend or do contrary to this branch or article the sum of ten pounds.

And further be it enacted by the authority aforesaid, that it shall not be lawful to or for any person or persons to set up the art or mistery of weaving, after the said feast of St. Michael, unless the same person or persons so setting up the same art or mistery of weaving, have been apprentice to the same art or mistery, or exercised the same, by the space of 7 years at the least; upon pain of twenty pounds to be forfeited to the King and Queen's Majesties, her Grace's heirs or successors, the one moiety of all which forfeitures shall be to the King and Queen's Highnesses, heirs [and] successors, and the other moiety to him or them that will sue for the same in any court of record by action of debt, bill, plaint or information, wherein no wager of law, essoigne or protection shall be admitted or allowed for the defendant.

... Provided always, and be it enacted by the authority aforesaid, that this act or anything therein contained shall [not] in any way extend or be prejudicial to any person or persons that doth or shall dwell in the counties of York, Cumberland, Northumberland or Westmoreland; but that they and every of them shall and may have and keep looms in their houses, and do and exercise all and every thing and things for or concerning spinning, weaving, cloth working and clothmaking in the said counties, as they or any of them might have done or exercised lawfully before the making of this statute; anything contained in this statute to the contrary in any way notwithstanding.

[Footnote 276: This Act suggests that something like a factory system may have been growing up in the sixteenth century: See Ashley, _Economic History_, Vol. II, The Woollen Industry.]

4. ENACTMENT OF COMMON COUNCIL OF LONDON AS TO AGE OF ENDING APPRENTICESHIP[277] [_Arber, Stationers' Records, I, p. xli_],[278] 1556.

For as much as great poverty, penury, and lack of living hath of late years followed, ... and one of the chiefest occasions thereof, as it is thought, ... is by reason of the over hasty marriages and over soon setting up of households of and by the youth and young folks of the said city [of London], which hath commonly used, and yet do, to marry themselves as soon as ever they come out of their apprenticehood, be they ever so young and unskilful, yea, and often times many of them so poor that they scantily have of their proper goods wherewith to buy their marriage apparel ... and forasmuch as the chiefest occasion of the said inconveniences, as it is very evident, is by reason that divers and sundry apprentices, as well of the said artificers as also of other citizens of the said city, are commonly bound for so few years that their terms of apprenticeability expireth and endeth oversoon, and that they are there upon incontinently made free of the said city; ... for remedy, stay, and reformation whereof it is ordained ... that no manner of persons ... shall be any manner of ways or means made free of the said city ... until such time as he and they shall severally attain to the age of 24 years.

[Footnote 277: This enactment is interesting as offering a precedent followed in the Statute of Artificers (No. 6 of this section), and as showing one of the social reasons for compulsory apprenticeship, which probably somewhat postponed the age of marriage. (See No. 11 of this section.)]

[Footnote 278: Quoted Dunlop and Denman, _English Apprenticeship and Child Labour_, pp. 52-3.]

5. WILLIAM CECIL'S INDUSTRIAL PROGRAMME[279] [_Hist. MSS. Com. MSS. of the Marquis of Salisbury, Part I, pp. 162-3_], 1559. Considerations delivered to the Parliament, 1559.

1. _Vagabonds._--That the statute I Edward VI, Chap, viii., concerning idle persons and vagabonds being made slaves, now repealed, be revived with additions.

2. _Labourers and Servants._--That the Statutes 12 Richard II, Chap. iii, "that no servant or labourer at the end of this term depart out of the hundred or place where he dwells," etc., and 13 Richard II, Chap. viii., ordering the Justices at every session to appoint by proclamation the wages of workers, etc., be confirmed with the addition "that no man hereafter receive into service any servant without a testimonial from the master he last dwelt with, sealed with a Parish Seal kept by the constable or churchwarden, witnessing he left with the free license of his master, penalty £10." So, by the hands of the masters, servants may be reduced to obedience, which shall reduce obedience to the Prince and to God also; by the looseness of the time no other remedy is left but by awe of law to acquaint men with virtue again, whereby the Reformation of religion may be brought in credit, with the amendment of manners, the want whereof has been imputed as a thing grown by the liberty of the Gospel, etc.

3. _Husbandry._--That the Statutes, 4 Hen VII, Chap. 9, "for re-edifying houses of husbandry, and to avoid the decay of towns and villages," and 5 Edward VI, Chap. 5, "for maintenance of husbandry and tillage," be put in execution.

4. _Purchase of Lands._--No husbandman, yeoman or artificer to purchase above 5l. by the year of inheritance, save in cities, towns and boroughs, for their better repair; one mansion house only to be purchased over and above the said yearly value. The common purchasing thereof is the ground of dearth of victuals, raising of rents, etc.

5. _Merchants._--No merchant to purchase above £50 a year of inheritance, except aldermen and sheriffs of London, who, because they approach to the degree of knighthood, may purchase to the value of £200.

6. _Apprentices._--None to be received apprentice except his father may spend 40s. a year of freehold, nor to be apprenticed to a merchant except his father spend £10 a year of freehold, or be descended from a gentleman a merchant. Through the idleness of these professions so many embrace them that they are only a cloak for vagabonds and thieves, and there is such a decay of husbandry that masters cannot get skilful servants to till the ground without unreasonable wages, etc....

[Footnote 279: Compare this with the following document (No. 6). It will be observed that Cecil's proposals as to wages are more drastic than the actual provision of the Statute of Artificers.]

6. AN ACT TOUCHING DIVERS ORDERS FOR ARTIFICERS, LABOURERS, SERVANTS OF HUSBANDRY AND APPRENTICES [_5 Eliz. c. iv. Statutes of the Realm, Vol. IV, Part I, pp. 414-22_], 1563.

I. Although there remain in force presently a great number of statutes concerning ... apprentices, servants and labourers, as well in husbandry as in divers other ... occupations, yet partly for the imperfection and contrariety ... in sundry of the said laws, and for the variety and number of them, and chiefly for that the wages and allowances limited in many of the said statutes are in divers places too small ... respecting the advancement of prices ... the said laws cannot conveniently without the greatest grief and burden of the poor labourer and hired man be put in due execution; and as the said statutes were at the time of the making of them thought to be very good and beneficial ..., as divers of them yet are, so if the substance of as many of the said laws as are meet to be continued shall be digested and reduced into one sole law, and in the same an uniform order prescribed ..., there is good hope that it will come to pass that the same law, being duly executed, should banish idleness, advance husbandry and yield unto the hired person both in the time of scarcity and in the time of plenty a convenient proportion of wages: Be it therefore enacted.... That as much of the statutes heretofore made as concern the hiring, keeping, departing, working, wages or order of servants, workmen, artificers, apprentices and labourers ... shall be from and after the last day of September next ensuing repealed....

II. No person after the aforesaid last day of September ... shall be retained, hired or taken into service to work for any less time than for one whole year in any of the sciences ... or arts of clothiers, woollen cloth weavers, tuckers, fullers, cloth workers, shearmen, dyers, hosiers, tailors, shoemakers, tanners, pewterers, bakers, brewers, glovers, cutlers smiths, farriers, curriers, sadlers, spurriers, turners, cappers, hat-makers or feltmakers, bowyers, fletchers, arrowhead-makers, butchers, cooks, or millers.

III. Every person being unmarried and every other person being under the age of thirty years that after the feast of Easter next shall marry, and having been brought up in any of the said arts [etc.] or that hath exercised any of them by the space of three years or more, and not having lands, tenements [etc.] copyhold or freehold of an estate of inheritance or for term of lives of the clear yearly value of 40s. nor being worth of his own goods the clear value of 10l., ..., not being retained with any person in husbandry or in any of the aforesaid arts ... nor in any other art, nor in household or in any office with any nobleman, gentleman or others, ..., nor having a convenient farm or other holding in tillage whereupon he may employ his labour, shall (during the time that he shall so be unmarried or under the age of 30 years), upon request made by any person using the art or mystery wherein the said person so required hath been exercised as is aforesaid, be retained and shall not refuse to serve according to the tenor of this Statute upon the pain and penalty hereafter mentioned.

IV. No person which shall retain any servant shall put away his said servant, and no person retained according to this Statute shall depart from his master, mistress or dame before the end of his term, upon the pain hereafter mentioned, unless it be for some reasonable cause to be allowed before two Justices of Peace, or one at the least, or before the mayor or other chief officer of the city, borough or town corporate wherein the said master [etc.] inhabiteth, to whom any of the parties grieved shall complain; which said justices or chief officer shall have the hearing and ordering of the matter between the said master [etc.] and servant, according to the equity of the cause; and no such master [etc.] shall put away any such servant at the end of his term, or any such servant depart from his said master [etc.] at the end of his term, without one quarter warning given ... upon the pain hereafter ensuing.

V. Every person between the age of 12 years and the age of 60 years not being lawfully retained nor apprentice with any fisherman or mariner haunting the seas, nor being in service with any carrier of any corn, grain or meal for provision of the city of London, nor with any husbandman in husbandry, nor in any city [etc.] in any of the arts ... appointed by this Statute to have apprentices, nor being retained ... for the digging ... melting ... making of any silver [or other metals, coal, etc.], nor being occupied in the making of any glass, nor being a gentleman born, nor being a student or scholar in any of the universities or in any school, nor having [lands or goods, as above, section 3], nor having a father or mother then living or other ancestor whose heir apparent he is then having lands [etc.] of the yearly value of £10 or above, or goods or chattels of the value of 40l., nor being a necessary or convenient officer or servant lawfully retained as is aforesaid, nor having a convenient farm or holding ... nor being otherwise lawfully retained according to the true meaning of this Statute, shall ... by virtue of this Statute be compelled to be retained to serve in husbandry by the year with any person that keepeth husbandry and will require any such person so to serve.

VI. [Penalty on masters unduly dismissing servants, 40s.: on servants unduly departing or refusing to serve, imprisonment.]

VII. None of the said retained persons in husbandry or in any of the arts or sciences above remembered, after the time of his retainer expired, shall depart forth of one city, town or parish to another nor out of the ... hundred nor out of the county where he last served, to serve in any other city ... or county, unless he have a testimonial under the seal of the said city or of the constable or other head officer and of two other honest householders of the city, town or parish where he last served, declaring his lawful departure, ..., which testimonial shall be delivered unto the said servant and also registered by the parson of the parish where such master [etc.] shall dwell....

VIII. [Penalty on a servant departing without such testimonial, imprisonment or whipping; on any one hiring him, 5l.]

IX. All artificers and labourers being hired for wages by the day or week shall betwixt the midst of the months of March and September be at their work at or before 5 of the clock in the morning, and continue at work until betwixt 7 and 8 of the clock at night, except it be in the time of breakfast, dinner or drinking, the which times at the most shall not exceed above 2 1/2 hours in the day ... and all the said artificers and labourers between the midst of September and the midst of March shall be at their work from the spring of the day in the morning until the night of the same day, except it be in time afore appointed for breakfast and dinner, upon pain to forfeit one penny for every hour's absence to be deducted out of his wages.

X. [Penalty on artificers, etc., breaking contract with employers, imprisonment and fine of 5l.]

XI. And for the declaration what wages servants, labourers and artificers, either by the year or day or otherwise, shall receive, be it enacted, That the justices of the peace of every shire ... within the limits of their several commissions ... and the sheriff of that county if he conveniently may, and every mayor, bailiff or other head officer within any city ... wherein is any justice of peace, within the limits of the said city ... shall before the 10th day of June next coming, and afterward yearly at every general sessions first to be holden after Easter, or at some time convenient within six weeks next following Easter, calling unto them such discreet and grave persons of the said county or city as they shall think meet, and conferring together respecting the plenty or scarcity of the time and other circumstances necessary to be considered, have authority within the limits of their several commissions to rate and appoint the wages as well of such of the said artificers ... or any other labourer, servant or workman whose wages in time past hath been by any law rated and appointed, as also the wages of all other labourers, artificers [etc.] which have not been rated, as they shall think meet to be rated [etc.] by the year or by the day, week, month or other wise, with meat and drink or without meat and drink, and what wages every workman or labourer shall take by the great for mowing, reaping or threshing [and other agricultural employment] and for any other kind of reasonable labours or service, and shall yearly, before the 12th day of July next after the said assessment made, certify the same ... with the considerations and causes thereof into the Court of Chancery[280]; whereupon it shall be lawful to the Lord Chancellor of England [or] Lord Keeper upon declaration thereof to the Queen's Majesty ... or to the Lords and others of the Privy Council to cause to be printed and sent down before the 1st day of September next after the said certificate into every county ... proclamations containing the several rates appointed ... with commandment ... to all persons ... straitly to observe the same, and to all Justices [etc.] to see the same duly and severely observed ...; upon receipt whereof the said Sheriffs, Justices [etc.] shall cause the same proclamation to be entered of record ... and shall forthwith in open markets upon the market days before Michaelmas then ensuing cause the same proclamation to be proclaimed ... and to be fixed in some convenient place ...: and if the said sheriffs, justices [etc.] shall at their said general sessions or at any time after within six weeks ... think it convenient to retain for the year then to come the rates of wages that they certified the year before or to change them, then they shall before the said 12th day of July yearly certify into the said Court of Chancery their resolutions, to the intent that proclamations may accordingly be renewed and sent down, and if it shall happen that there be no need of any alteration ... then the proclamations for the year past shall remain in force....

XII. [Penalty on Justices absent from sessions for rating wages, 5l.]

XIII. [Penalty for giving wages higher than the rate, ten days' imprisonment and fine of 5l.; for receiving the same, twenty-one days' imprisonment.]

XIV. [Penalty on servants, etc., assaulting masters, etc., one year's imprisonment.]

XV. Provided that in the time of hay or corn harvest the Justices of Peace and also the constable or other head officer of every township upon request ... may cause all such artificers and persons as be meet to labour ... to serve by the day for the mowing ... or inning of corn, grain and hay, and that none of the said persons shall refuse so to do, upon pain to suffer imprisonment in the stocks by the space of two days and one night....

XVI. [Proviso for persons going harvesting into other counties.]

XVII. Two justices of peace, the mayor or other head officer of any city (etc.) and two aldermen or two other discreet burgesses ... if there be no aldermen, may appoint any such woman as is of the age of 12 years and under the age of 40 years and unmarried and forth of service ... to be retained or serve by the year or by the week or day for such wages and in such reasonable sort as they shall think meet; and if any such woman shall refuse so to serve, then it shall be lawful for the said justices [etc.] to commit such woman to ward until she shall be bounden to serve as aforesaid.

XVIII. And for the better advancement of husbandry and tillage and to the intent that such as are fit to be made apprentices to husbandry may be bounden thereunto, ... every person being a householder and having half a ploughland at the least in tillage may receive as an apprentice any person above the age of 10 years and under the age of 18 years to serve in husbandry until his age of 21 years at the least, or until the age of 24 years as the parties can agree ...

XIX. Every person being an householder and 24 years old at the least, dwelling in any city or town corporate and exercising any art, mistery or manual occupation there, may after the feast of St. John Baptist next coming ... retain the son of any freeman not occupying husbandry nor being a labourer and inhabiting in the same or in any other city or town incorporate, to be bound as an apprentice after the custom and order of the city of London for 7 years at the least, so as the term of such apprentice do not expire afore such apprentice shall be of the age of 24 years at the least.

XX. Provided that it shall not be lawful to any person dwelling in any city or town corporate exercising any of the misteries or crafts of a merchant trafficking into any parts beyond the sea, mercer, draper, goldsmith, ironmonger, embroiderer or clothier that doth put cloth to making and sale, to take any apprentice or servant to be instructed in any of the arts [etc.] which they exercise, except such servant or apprentice be his son, or else that the father or mother of such apprentice or servant shall have ... lands, tenements (etc.) of the clear yearly value of 40s. of one estate of inheritance or freehold at the least....

XXI. From and after the said feast of St. John the Baptist next, it shall be lawful to every person being an householder and 24 years old at the least and not occupying husbandry nor being a labourer dwelling in any town not being incorporate that is a market town ... and exercising any art, mistery or manual occupation ... to have in like manner to apprentices the children of any other artificer not occupying husbandry nor being a labourer, which shall inhabit in the same or in any other such market town within the same shire, to serve as apprentices as is aforesaid to any such art [etc.] as hath been usually exercised in any such market town where such apprentice shall be bound.

XXII. Provided that it shall not be lawful to any person dwelling in any such market town exercising the art of a merchant trafficking into the parts beyond the seas, mercer [etc. as above, section XX] to take any apprentice or in any wise to instruct any person in the arts [etc.] last before recited, after the feast of St. John Baptist aforesaid, except such servant or apprentice shall be his son, or else that the father or mother of such apprentice shall have lands [etc.] of the clear yearly value of 3l. of one estate of inheritance or freehold at the least....

XXIII. From and after the said feast it shall be lawful to any person exercising the art of a smith, wheelwright, ploughwright, millwright, carpenter, rough mason, plaisterer, sawyer, lime-burner, brickmaker, bricklayer, tiler, slater, healyer, tilemaker, linen-weaver, turner, cooper, millers, earthen potters, woollen weaver weaving housewives' or household cloth only and none other, cloth-fuller otherwise called tucker or walker, burner of ore and wood ashes, thatcher or shingler, wheresoever he shall dwell, to have the son of any person as apprentice ... albeit the father or mother of any such apprentice have not any lands, tenements or hereditaments.

XXIV. After the first day of May next coming it shall not be lawful to any person, other than such as now do lawfully exercise any art, mistery or manual occupation, to exercise any craft now used within the realm of England or Wales, except he shall have been brought up therein seven years at the least as apprentice in manner abovesaid, nor to set any person on work in such occupation being not a workman at this day, except he shall have been apprentice as is aforesaid, or else having served as an apprentice will become a journeyman or be hired by the year; upon pain that every person willingly offending shall forfeit for every default 40s. for every month.

XXV. Provided that no person exercising the art of a woollen cloth weaver, other than such as be inhabiting within the counties of Cumberland, Westmoreland, Lancaster, and Wales, weaving friezes, cottons or housewives' cloth only, making and weaving woollen cloth commonly sold by any clothier, shall have any apprentice or shall instruct any person in the science of weaving aforesaid in any place (cities, towns corporate, and market towns only except), unless such person be his son, or else that the father or mother of such apprentice or servant shall ... have lands [etc.] to the clear yearly value of 3l. of an estate of inheritance or freehold ... upon pain of forfeiture of 20s. for every month.

XXVI. Every person that shall have three apprentices in any of the said crafts of a cloth-maker, fuller, shearman, weaver, tailor or shoemaker shall keep one journeyman, and for every other apprentice above the number of the said three apprentices one other journeyman, upon pain of every default therein, 10l.

XXVII. [Proviso for worsted-makers of Norwich.]

XXVIII. If any person shall be required by any householder having half a ploughland at the least in tillage to be an apprentice and to serve in husbandry, or in any other kind of art before expressed, and shall refuse so to do, then upon the complaint of such housekeeper made to one Justice of Peace of the county wherein the said refusal is made, or of such householder inhabiting in any city, town corporate, or market town to the mayor, bailiffs or head officer of the said city [etc.] ... they shall have full power to send for the same person so refusing; and if the said Justice or head officer shall think the said person meet to serve as an apprentice in that art ... the said Justice or head officer shall have power ... to commit him unto ward, there to remain until he will be bounden to serve ... and if any such master shall evil entreat his apprentice ... or the apprentice do not his duty to his master, then the said master or apprentice being grieved shall repair unto one Justice of Peace within the said county or to the head officer of the place where the said master dwelleth, who shall ... take such order and direction between the said master and his apprentice as the equity of the case shall require; and if for want of good conformity in the said master the said Justice or head officer cannot compound the matter between him and his apprentice, then the said Justice or head officer shall take bond of the said master to appear at the next sessions then to be holden in the said county or within the said city [etc.] ... and upon his appearance and hearing of the matter ... if it be thought meet unto them to discharge the said apprentice, then the said Justices or four of them at the least, whereof one to be of the quorum, or the said head officer, with the consent of three other of his brethren or men of best reputation within the said city [etc.] shall have power ... to pronounce that they have discharged the said apprentice of his apprenticehood ...: and if the default shall be found to be in the apprentice, then the said Justices or head officer, with the assistants aforesaid, shall cause such due punishment to be ministered unto him as by their wisdom and discretions shall be thought meet.

XXIX. Provided that no person shall by force of this Statute be bounden to enter into any apprenticeship, other than such as be under the age of 21 years.

XXX. And to the end that this Statute may from time to time be ... put in good execution ... be it enacted, That the Justices of Peace of every county, dividing themselves into several limits, and likewise every mayor or head officer of any city or town corporate, shall yearly between the feast of St. Michael the Archangel and the Nativity of our Lord, and between the feast of the Annunciation of our Lady and the feast of the Nativity of St. John Baptist ... make a special and diligent inquiry of the branches and articles of this Statute and of the good execution of the same, and where they shall find any defaults to see the same severely corrected and punished without favour ... or displeasure.

XXXI.... Every Justice of Peace, mayor, or head officer, for every day that he shall sit in the execution of this Statute, shall have allowed unto him 5s. to be paid ... of the fines [etc.] due by force of this Statute....

XXXII. [Procedure for recovery of penalties.]

XXXIII. Provided always that this Act shall not be prejudicial to the cities of London and Norwich, or to the lawful liberties [etc.] of the same cities for the having of apprentices.

XXXIV. [Contracts of apprenticeship contrary to this Act to be void, and a penalty of 10l.]

XXXV. [Contracts of apprenticeship to hold good though made while the apprentice is under age.]

[Footnote 280: This provision was repealed in 1597.]

7. PROPOSALS FOR THE BETTER ADMINISTRATION OF THE STATUTE OF ARTIFICERS [_S.P.D., Eliz., Vol. 88, No. 11_], 1572.

Whereas there passed an act in the Parliament holden at Westminster in the fifth year of the reign of our most gracious Sovereign Lady the Queen's Majesty that now is, touching divers good and laudable orders for artificers, labourers, servants of husbandry, and apprentices; in the which act, amongst divers and sundry good branches therein contained, there are two specially to be noted, which, as it should seem, were then and therein specially enacted for the only means of the better maintaining of the same act in the full strength and virtue, according to the true meaning thereof: which have been, and yet daily are, as well by the subtle devices of some lewd servants, as also by the disorderly dealings of some masters, mistresses, and dames, not only neglected, but also wilfully violated and broken, whereby the true, good and godly meaning of the same act, for so good and laudable an order provided in that behalf, doth and will daily grow to be accounted as frustrate and of none effect: and as it now already is the chief, or only, cause of the great number of idle vagabonds, wherewith the realm at this present is so replenished: so, without it shall please the Queen's Majesty by good advice to provide some speedy remedy therefore, it will not only be a means of the increasing of them but also of their maintenance.

The two branches to be noted are these:--

The points wherein the masters, mistresses, dames, and servants do so abuse the two foresaid branches, that they be in a manner to frustrate.

It is too manifest, that divers and sundry servants, retained as well in husbandry as in other the arts and sciences aforesaid, and others out of those sciences throughout the whole Realm do daily, notwithstanding this act, and without any fear of the penalty thereof, at their pleasures before the time of their covenanted service be expired, either purloin somewhat from their masters, mistresses, and dames, and so suddenly run away, or else, not willing to be rebuked for their faults, do quarrel with them, and so boldly depart away without any certificate[281] or testimonial for their discharge: and being thus disorderly departed do forge a testimonial, or get one to forge it for them, although they give 12d. or 2s. for the doing thereof, whereas, if they had orderly departed, [it] should have cost them but 2d.: and with such testimonial dare boldly pass from one shire to another, yea some time from one parish to another, and there be retained till they find the like means, or pick the like occasion to depart in like disorder. And the very cause why they dare thus boldly and disorderly depart, leaving their masters, mistresses, and dames destitute in their most need, is for that no order is kept, according to the Statute, in the making, signing, and delivering of the testimonials: but [they] be made by the masters themselves or by some other in their houses that can write, and being so disorderly made, do, as disorderly, sign and deliver the same without calling either parson, vicar, or other officer to the same: which is a very good cause for a very simple servant, seeing how slight a testimonial will serve him to pass with, to move him to forge the like at all times after to serve his turn. And yet if they were orderly made, signed, and delivered, according to Statute, it could no better serve his turn to pass with than one of these: for if he pass a shire or two off from the place where he last served, neither the marks nor names thereunto signed be there known scarce to one among a thousand.

For the second branch.--It is likewise too manifest, that there be many masters, mistresses and dames, knowing how much the order of these certificates or testimonials be abused, which have not letted to retain such servants so departed without showing any certificates or testimonials at all, willing for necessity's sake to retain rather a simple vagabond coming without his certificate, than a subtle vagabond coming with his forged testimonials, as he doubteth, and yet perchance is true indeed. But that is too hard for them to know, for that the names therein are to them unknown, and the places, far asunder, not easy to be tried: and so sometime an honest poor servant indeed passeth unhired for want of good order keeping in these testimonials, and a very vagabond indeed is some time hired in hope of his simplicity. And the masters, mistresses, and dames be commonly deceived by both kinds when they stand in most need of their service.

The cause why these good and laudable orders run to such decay by the foresaid abuses, is, for that no one person hath any benefit, worth the pains, and charges, to look to the redress hereof: the same being so hard and painful a matter to be done throughout the realm, and therewithall so chargeable.

Therefore if it may please the Queen's Majesty of her Highness' most gracious benignity, for the better and speedier reformation hereof, to appoint and give authority by her Majesty's Letters Patents for term of years unto us, her Highness' most humble subjects, Richard Carmarden and Edmond Mathew, our deputies and assigns, to give out one uniform order of testimonials to every shire and parish throughout the realm at our only costs and charges, taking therefore in recompense as well of our said costs and charges, as also for our travails which we shall bestow therein, no more than is already limited by the said Statute, which is but two pence for every testimonial:[282] and that also these articles here following may be annexed to the said Statute by this Parliament.

First, That there be no other certificates or testimonials used in the realm, to be delivered to any servants by any person or persons, but only such as shall be made and delivered by such as her Majesty hath or shall appoint by her Highness' Letters Patents to do the same.

Secondly, That every servant so departing and having received one of the same certificates or testimonials, and seeking again to serve, shall first deliver, to such as shall be there appointed to be the officer's deputies, his old testimonial cancelled, before he be again retained.

And thirdly, That none of the said certificates or testimonials, so orderly delivered to any servant, shall be any discharge for him to pass with for any longer time than for one month after the date thereof: and if any person be taken with any testimonial, the date thereof being so expired, then to be lawful for every head officer to take the said testimonial from him, and to deliver the same cancelled to the officer's deputy and to force him to serve or to be, etc.

[Footnote 281: For the working of the system of certificates, see No. 14, pp. 352-3.]

[Footnote 282: For this method of delegating administration to private speculators see Section V of this Part, Nos. 14 and 22.]

8. DRAFT OF A BILL FIXING MINIMUM RATES FOR SPINNERS AND WEAVERS [_S.P.D., Eliz., Vol. 244, No. 129_], 1593.

An Act as well to avoid deceits done by spinners of woollen yarn, and weavers of woollen cloths, and to increase their wages, as also to reform the great abuses and oppressions done to her Majesty's good subjects by regrators of woollen yarn, commonly called yarn choppers or jobbers of yarn.

Forasmuch as divers Laws and Statutes have been heretofore ordained for the true making of woollen cloths, and divers penalties, in some cases of money, and in some other cases of the cloths themselves, are by the same Laws and Statutes imposed upon clothiers, by whom many thousands of her Majesty's subjects are set to work, and maintained; and that it falleth out many times, that divers faults punishable even with the loss of their cloths without the clothiers' fault are voluntarily committed by their spinners and weavers, by the one's deceitful spinning their yarn, and by the other's false weaving the same into cloth; and forasmuch as necessity doth partly enforce them thereunto, for lack of sufficient wages and allowance for their workmanship at the hands of the clothier, whereby to sustain the poor estate of themselves, their wives and children; at the humble petition as well of the said clothiers, as also of their said spinners and weavers, and first for the avoiding of all deceitful dealing between the clothiers and their weavers, Be it enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, and by the authority of the same:--That all wool which, after the feast of Easter next, shall be delivered for or by any clothier to any person or persons to be spun, shall be delivered by true and lawful weight, and that all and every spinner and spinners shall deliver again to or for such clothier yarn of the same wool by the same true and lawful weight (all necessary waste thereof excepted) without concealing any part thereof, or deceitfully putting thereunto any oil, water, or other thing, upon pain that every spinner doing the contrary shall forfeit four times the value that such deceit by any such spinner committed or done shall amount unto. And for the better relief of all and every the said spinner and spinners, be it further enacted by the authority aforesaid, that after the said feast all and every clothier and clothiers and spinsters to the market shall pay for the spinning of every pound weight of the best sorting warp three pence, of every pound weight of the second warp two pence halfpenny, of every pound weight of the worst warp to be used in sorting cloths two pence farthing, of every pound weight of the best abbs[283] two pence halfpenny, of every pound weight of the best sorting abbs two pence, and of every pound weight of the worst sorting abbs to be used in sorting cloths three halfpence farthing, of every pound weight of single list three halfpence, upon pain to forfeit for every penny that any such clothier shall withhold or detain from any spinner contrary to the charitable intent of this statute twelve pence.

To avoid all evil and corrupt dealing between clothiers and their weavers, be it enacted by the authority aforesaid:--That all and every weaver and weavers which after the said feast, shall have the weaving of any woollen yarn to be webbed into cloth, shall weave, work, and put into the web, for cloth to be made thereof, as much and all the same yarn, as any clothier, or any other person for or in the behalf of any clothier, shall deliver to the same weaver with his used mark put to the same, without changing, or any parcel thereof leaving out of the same web, or else shall restore to the same clothier the surplusage of the same yarn, if any shall be left not put into the same web, without deceitfully putting of any deceivable brine, moisture, sand, dust, or other thing thereunto, upon pain to forfeit four times the value that such deceit by any such weaver committed or done shall amount unto. And for the better relief of all and every the said weaver and weavers be it further enacted by the authority aforesaid, that after the said feast all and every clothier and clothiers shall pay for the weaving of every ell[284] containing three pounds weight in yarn, of every broad listed cloth, as it shall be laid upon the bar and which shall be woven in a fourteen hundred sley, sixteen pence, for the weaving of every ell, containing three pounds weight and three-quarters in yarn of every broad listed cloth, as it shall be laid upon the bar and which shall be woven in a thirteen hundred sley, fourteen pence, and for every beer[285] between thirteen hundred and fourteen hundred twelve pence, for the weaving of every ell containing three pounds weight and three-quarters at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a twelve hundred sley, ten pence, and for every beer between twelve hundred and thirteen hundred two shillings, for weaving of every ell containing three pounds weight and an half at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a eleven hundred sley, eight pence, and for every beer between eleven hundred and twelve hundred, twelve pence, for weaving of every ell containing three pounds weight and an half at the least in yarn of every broad listed cloth as it shall be laid upon the bar and which shall be woven in a ten hundred sley, six pence, and for every beer between ten hundred and eleven hundred twelve pence, for weaving of every broad listed cloth, that shall be woven in a sley under a ten hundred, and that shall contain thirty ells as it shall be laid upon the bar, twelve shillings, for the weaving of every broad listed cloth that shall be woven in a sley under a ten hundred, and that shall contain eight and twenty ells as it shall be laid upon the bar, ten shillings, for weaving of every narrow listed sorting cloth that shall be woven in a ten hundred sley, ten shillings, for the weaving of every narrow listed sorting cloth that shall be woven in a nine hundred sley, nine shillings, for the weaving of every narrow listed sorting cloth that shall be woven in an eight hundred sley, eight shillings, and for the weaving of every beer over and above in any of the said sleys of the said narrow listed cloths three pence, upon pain to forfeit for every penny that any clothier shall withhold or detain from any weaver contrary to the true intent of this act twelve pence.

And be it further enacted by the authority aforesaid that wheresoever any greater wages hath been heretofore usually given for spinning any of the sorts of yarn aforesaid or for weaving any of the sorts of cloths aforesaid, that there and in all such place the same wages or greater shall after the said feast be given without any diminution thereof, upon pain that every clothier shall forfeit for every penny that he or she shall so detain from any spinner or weaver contrary to the true intent of this act twelve pence, any the rate or wages before in this act particularly limited and appointed to weavers notwithstanding. And be it further enacted by the said authority, that after the said feast no clothier, for the weaving of any his or her white cloths, shall use or cause to be used any sley of less breadth than eleven quarters and three nails of the yard in white work beside the list, upon pain to forfeit for every such default ten shillings. And be it further enacted by the authority aforesaid that after the said feast no clothier shall use any warping bar that shall contain any greater length than three yards from one pin to another upon pain to forfeit for every such default ten shillings. And further be it enacted by the authority aforesaid that justices of assize in their circuits, justices of peace in their sessions, sheriffs in their turns, stewards in their leets and lawdays, mayors, sheriffs, and bailiffs of cities, boroughs and towns corporate in their courts, shall and may inquire, hear, and determine from time to time all and every the said offences committed and done within the limits of their several jurisdictions and authorities.

[Here follow provisions as to the division of fines.]

And forasmuch as divers evil-disposed persons commonly called yarn choppers or jobbers of woollen yarn, wanting the fear of God, and caring only for their own private gain without having any regard to the maintenance of the commonwealth, using no trade either of making woollen cloths, or of any other thing made of woollen yarn, inverting the true intent of the statute made in the eighth year of our late Sovereign Lord King Henry the sixth among other things especially to destroy the falsity of regrators of yarn called yarn choppers, to their own malicious purpose, do in every fair and market buy up and get into their hands so great quantities of woollen yarn, that the clothiers and others using lawful trade wherein woollen yarn must need be occupied, and by which trade many thousands of her Majesty's poor subjects are relieved, are driven for their necessity sake to buy the same at their hands deceitfully handled and at such unreasonable price as they list to set upon the same, whereby the clothiers and others using divers lawful ways and means for the employment of woollen yarn, are very greatly hindered, and such drones, idle members and evil weeds in a commonwealth by such oppressions maintained and greatly enriched, for remedy whereof be it enacted established and ordained by the authority aforesaid:--That no manner of person or persons shall after the said feast of Easter next buy, bargain, take, or make any promise for bargain or sale of or for any woollen yarn but only such person or persons as are known to be makers of woollen cloth or other thing made of woollen yarn or mixed with woollen yarn, his or their wife or wives or his or their children, apprentices or servants, inhabiting in his or their mansion house or houses, and who shall or may lawfully make of the said woollen yarn any kind of bayes, knit hose, arras, tapestry, coverlets, or any other thing or things used to be made of woollen yarn or mixed with woollen yarn, upon pain of forfeiture of all woollen yarn to be bought, or whereof any promise for bargain or sale thereof shall be taken or made contrary to the true meaning of this act, in whose hands soever any such woollen yarn shall be found, and further to incur all the pains and penalties limited to yarn choppers by the said act made in the eighth year of King Henry the sixth.

[Here follows provisions as to the division of fines.]

[Footnote 283: _i.e._, wefts.]

[Footnote 284: The words from "ell" to "fourteen hundred" have been crossed out in the original, and the rest of the passage as far as the end of the paragraph (p. 339) is bracketed as if for cancellation. Interlined is the following substituted clause, to be read after the words "for the weaving of every":--"of their best fine cloths vjs. viijd., and for their second sort of fine cloths iiijs., and for their least sort of fine cloths iijs., and for the best sort of sorting cloths ijs., and for the middle and least sort of sorting cloths or pack cloths with narrow lists, xviijd., more than was given by any clothier in any of the said counties or elsewhere of like making for the weaving of every or any of the said sorts of cloths at or before the feast of Xmas last past."]

[Footnote 285: _i.e._, the (variable) number of ends into which a warp is divided in the process of warping.]

9. DRAFT PIECE-LIST SUBMITTED FOR RATIFICATION TO THE WILTSHIRE JUSTICES BY CLOTHIERS AND WEAVERS [_Hist. MSS. Com., Vol. I, p. 162, The Records of Quarter Sessions in the County of Wiltshire_], 1602.

Apud Trowbridge, 30 December A.o. xlv{to} Elizabethae Reginae.

The just proportions of the several works put forth by the Clothiers of the County of Wilts both to the Weavers and Spinners, with the valuation of the wages according as every sorts of work do deserve by reason of the fineness of the wool and spinning of every sort of work; as also by reason of the hard working of every sort with the usual numbers of hundreds, beers[286] and abbs which is commonly put forth to every several cloth, which is the best rate by which we can keep apportion, set down by us the clothiers of the said county.

_Imprimis_ we think a weaver is worth to have for the weaving of a cloth of 700 viis. And for every beer above 700 and under 800 iid. The spinning of these sorts of warp is worth the pound iid. And the spinning of the abb is worth the pound 1d. ob. _Item_, one of 800 of white work is worth the weaving viiis. And for every beer above 800 and under 900[287] iid. ob. The spinning of these sorts of warp worth the pound iid. ob. The spinning of the Abbe worth the pound id. ob. These sorts of broad lists are more worth than the narrow lists by the cloth xiid. The hanking is worth xiid.

[Scales are also given for 900, 1000, 1100, and 1200 lbs. A graduated rise in price varying from xiid. in the case of a cloth of 900 lbs. to iis. for a cloth of 1100 to 1200 lbs. is awarded; for every beere id. up to vid., and for every pound of abbe above 54 and not above 60 xviiid., and above 60 lbs. xxd.]

Clothiers Signing--

William Yerbury. Nicholas Phippe. John Usher. Walter Yerbury. John Yewe. Edward Cogswell. Richard Dycke.

Weavers Signing--

Hugh Watts. Henry Cappe. William Rundell. Henry Prior. Thomas Lavington. Bartholomew Skege.

[Footnote 286: For the meaning of "beer" and "abb" see notes to document No. 8.]

[Footnote 287: Instead of "about 800 under 900," as printed in _op. cit._]

10. AN ACT EMPOWERING JUSTICES TO FIX MINIMUM RATES OF PAYMENT [_1 James I, c. 6. Statutes of the Realm, Vol. IV, Part II, pp. 1022-24_], 1603-04.

... And whereas the said act [_i.e._ 5 Eliz., c. iv] hath not, according to the true meaning thereof, been duly put in execution, whereby the rates of wages for poor artificers, labourers and other persons whose wages were meant to be rated by the said act, have not been rated and proportioned according to the plenty, scarcity, necessity, and respect of the time, which was politicly intended by the said act, by reason that ambiguity and question have risen and been made whether the rating of all manner artificers, workmen and workwomen, his and their wages, other than such as by some statute and law have been rated, or else such as did work about husbandry, should or might be rated by the said law; Forasmuch as the said law hath been found beneficial for the commonwealth, be it enacted by authority of this present parliament, that the said statute, and the authority by the same statute given to any person or persons for assessing and rating of wages, and the authority to them in the said act committed, shall be expounded and construed, and shall by force of this act give authority to all persons having any such authority to rate wages of any labourers, weavers, spinsters, and workmen or workwomen whatsoever, either working by the day, week, month, year, or taking any work at any person or persons' hands whatsoever, to be done in great or otherwise....

And furthermore be it enacted by the authority aforesaid, that if any clothier or other shall refuse to obey the said order, rate or assessment of wages as aforesaid, and shall not pay so much or so great wages to their weavers, spinsters, workmen or workwomen as shall be so set down rated and appointed, according to the true meaning of this act, that then every clothier and other person and persons so offending shall forfeit and lose for every such offence, to the party aggrieved, ten shillings: and that if the said offence and offences of not paying so much or so great wages to their said workmen, workwomen and others shall be confessed by the offender, or that the same shall be proved by two sufficient and lawful witnesses before the justices of peace in their quarter sessions of the peace, the justices of assize in their sessions, or before any two justices of the peace, whereof one to be of the quorum; that then every such person shall forthwith stand and be in law convicted thereof; which said forfeiture of ten shillings shall be levied by distress and sale of the offenders goods, by warrant from the said justices before whom any such conviction shall be had; which sale shall be good in law against any such offender or offenders....

Provided nevertheless and be it enacted by the authority aforesaid, That no clothier, being a justice of peace in any precinct or liberty, shall be any rater of any wages for any weaver, tucker, spinster, or other artizan that dependeth upon the making of cloth; and in case there be not above the number of two justices of peace within such precinct or liberty but such as are clothiers, that in such case the same wages shall be rated and assessed by the major part of the common council of such precinct or liberty, and such justice or justices of peace (if any there be) as are not clothiers.

11. ADMINISTRATION IN WILTSHIRE OF ACTS REGULATING THE MANUFACTURE OF CLOTH [_Hist. MSS. Com., Vol. I, pp. 74-5_], 1603.

Orders agreed upon for the occupation of weavers.[288]

_First_, that no person using the trade of weaving woollen cloth be suffered to keep more looms than that the statute made ao v{to} Elizabethae alloweth. 2. _Item_, that all such persons as are now permitted to be master weaver, and themselves have not served their full term of apprenticeship, whether he be above or under the age of xxxtie years and married or unmarried, shall not make or take any apprentice to serve him as apprentice hereafter, neither shall any serve him as an apprentice. 3. _Item_, that every such person permitted to be a master weaver which hath not served his full years of apprenticeship shall not keep above one loom going; and no apprentice to work with him but a journeyman or journeymen. 4. _Item_, none hereafter to be made apprentice to the art of weaving broad cloth but according to the form of the statute _ut supra_. 5. _Item_, that all such as are now allowed to be apprentices, their names to be registered, and none hereafter to be made apprentices but such persons as are appointed overseers of the said occupation to be first made acquainted thereof, to the end no abuse may be suffered, nor unlawful shift used to defraud the true meaning of the said statute. 6. _Item_, that no weaver shall sell his apprentice and take another before the first have served seven years. 7. _Item_, that none shall work as a journeyman except he bring certificate that he hath served full seven years, or his master to testify the same. 8. _Item_, that no clothman shall keep above one loom in his house, neither any weaver that hath a ploughland shall keep more than one loom in his house. 9. _Item_, that no weaver shall keep two apprentices in one loom working except one of them be in his last year. 10. _Item_, that no apprentice shall come forth of his covenant of apprenticeship before he be four and twenty years of age, to avoid young marriages and the increase of poor people. 11. _Item_, that no person or persons shall keep any loom or looms going in any other house or houses beside their own, or maintain any to do the same. 12. _Item_, that all those that have entered into the trade of broad weaving contrary to the statute within these two years may be expelled and put from the same trade, and all those that are journeyman (_sic_) and have not served their time, if they be not married, may return and serve their seven years out, or else to be put from their occupation. 13. _Item_, that all those that are entered in contrary to the statute, having other things to live upon, may be expelled, and put from the trade. 14. _Item_, that all weavers dwelling in any town corporate, borough, or market town, may call into their fellowship all weavers dwelling within three miles compass of any of the said towns, as well journeymen and [as?] masters, and that there may be so many overseers of these said companies as may be fit for the same. 15. _Item_, that every master weaver of these several companies may have a meeting once every quarter, whereby they may have the examination of those things that may be amiss amongst them, to the end no disorder rise amongst them as in time past hath been, and that every broad weaver keeping a loom may give quarterly ivd. towards the relief of their poor brethren that shall need. 16. _Item_, that the master of every several company may call before them every particular offender in matters pertaining to their occupation, whether it be master or journeyman or apprentice, to the end that drunkenness, idleness, or pilfering of their masters' stuff may be punished by laws fit for any of these offences. 17. _Item_, that any of those that shall disobey any of these good orders that are set down, that there may be such penalties inflicted upon any such persons as may be able to suffice them, and shall be agreeable with the laws of the realm, and by such persons as are thereunto authorised by the statutes and laws.

James Martin. Henry Martyn. G. Tooker. Hen. Poole. James Ley. Thos. Hungerforde. Edmund Lamberte.

[Footnote 288: The original heading, for which that above was afterwards substituted, runs:--"A table to be presented for and concerning the occupation of weaving by the sworn men unto Henry Priour authorized for that purpose." It is probable that the "sworn men" were clothiers and weavers (see No. 9), and that Henry Priour was a justice.]

12. ASSESSMENT MADE BY THE JUSTICES OF WILTSHIRE, DEALING MAINLY WITH OTHER THAN TEXTILE WORKERS [_Hist. MSS. Com., Vol. I, pp. 162-167, The Records of Quarter Sessions in the County of Wilts_], 1604.

... third day of May in the first year of our Sovereign Lord James by the grace of God King of England ... Defender of the Faith, and upon diligent respect and consideration by ... for the time ... according to the form of a statute made in the first[289] year of the reign of our late Sovereign Lady Queen ... hereafter particularly ensueth.

_Wages by the year for husbandry._

A bailiff of husbandry shall not take by the year of wages above liiis. iiiid. and a livery or xs. for the same.

A chief shepherd which keepeth one thousand sheep and above shall not take by the year of wages above xls., and a livery or viiis. for the same, and pasture or feeding for xxt sheep all the year or xiid. for every of them.

A shepherd which keepeth six hundred sheep shall not take of wages above xxiiis. iiid., and a livery or vis. for the same, and feeding for ten sheep all the year or xiid. for every of them.

A chief hind of husbandry and a chief carter shall not take by the year of wages above xls. and a livery or viiis.

A common servant of husbandry and a common shepherd above the age of xxi years shall not take by the year [either of] them of wages above xxxiiis. iiiid. and a livery or vis. viiid. for the same.

All other servants and shepherds under xxi years and above xvi years shall not take by the year of wages above xxs. and a livery or vs. for the same.

A chief woman servant shall not take by the year of wages above xxxs. and a livery or vs. for the same.

Every other woman servant above xvi years of age shall not take by the year of wages above xxs. and a livery or vs. for the same.

_Wages by the day for labourers in harvest and at all other times of the year in husbandry._

Mowers of grain by the day with meat and drink shall not take of wages above vd. and without meat and drink not above xd.

Men labourers in haymaking or gripping of lent corn shall not take by the day with meat and drink of wages above iiiid. and without meat and drink not above viiid.

Women labourers in haymaking or gripping of lent corn shall not take by the day with meat and drink of wages above iiid. and without not above vid.

Mowers of corn shall not take by the day with meat and drink of wages above vd., and without meat and drink not above xd.

Men reapers of wheat and rye shall not take by the day with meat and drink of wages not above vd., and without meat and drink not above xd.

Women reapers of wheat and rye shall not take by the day with meat and drink not above iiiid. and without meat and drink not above ixd.

Every hedger, ditcher, thresher and other like labourer in husbandry not afore named shall not take by the day from Michaelmas to the Annunciation of our Lady of wages with meat and drink not above iiid., and without meat and drink not above viid., and that at the election of the hirer; and from the Annunciation of our Lady unto Michaelmas of wages by the day with meat and drink not above iiiid., and without meat and drink not above viiid., and that at the election of the hirer.

_Wages for Taskwork without Meat and Drink._

For reaping and binding of wheat, rye, or beans, for every acre by the lug not above xxd.

Mowing of barley for every acre by lug not above vd.

Mowing of oats for every acre by lug not above iiiid.

Hacking or hawming of pease or fatches for every acre by lug not above xiid.

Mowing of grass for every acre by lug not above xd.

Making of hay for every acre by lug not above ixd.

Threshing of wheat, rye, pease, beans, or fatches, for every quarter, not above xd.

Threshing of barley or oats for every quarter not above vid.

Ditching, planting, and hedging of a perch containing sixteen foot and a half in length, three foot in depth, and five foot in breadth in gravel or stony ground, and setting the same with two chests of plants and making hedge for every perch, not above vid.

Ditching, planting, and hedging after the same order in other sandy or easy grounds, by the lug of like awise not above vd.

Making of hedge for every perch not above 1d.

Making of plaisted hedge and other fenced hedge more strong and scouring of the ditch, for every perch not above iid.

Paling and railing with one rail, felling and clearing of timber and digging of the holes for the posts, for every perch not above xd.

Railing with double rails with felling and clearing of timber and digging of the holes for the posts, for every perch not above vd.

Railing with single rail after the same sort, for every perch not above iiid.

Sawing of board or timber for every hundred not above xviid.

_Wages by the day for these artificers following._

For a Master Carpenter } None of these shall take by the For a Master Free Mason } day from Michaelmas to the For a Master rough Mason } Anunciation of our lady with For a Master Bricklayer } meat and drink of wages not For a Master Plumber } above vd., and without meat and For a Master Glazier } drink not above xd. For a Master Carver } And from the Annunciation of For a Master Joiner } our Lady to Michaelmas not For a Master Millwright } above vid., with meat and drink, For a Master Wheelwright } and without meat and drink not For a Master Plasterer } above xid., by the day.

For every common workman or journeyman of these sciences from Michaelmas to the Annunciation of our Lady of wages by the day with meat and drink not above iiid., and without meat and drink not above viid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above iiiid., and without meat and drink not above viid.

For every apprentice of these sciences and for every labourer to attend to serve them, from Michaelmas to the Annunciation of our Lady with meat and drink not above iid., and without meat and drink not above vd., and from the Annunciation of our Lady to Michaelmas with meat and drink not above iiid., and without meat and drink not above viid.

_Wages by the day for these occupations following_:--

For a chief ploughwright by the day from Michaelmas to the Annunciation of our Lady with meat and drink not above iiiid., and without meat and drink not above viiid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above vd., and without meat and drink not above xd.

For sawyers the couple from Michaelmas to the Annunciation of our Lady with meat and drink not above viiid., and without meat and drink not above xvid.; and from the Annunciation of our Lady to Michaelmas with meat and drink not above xd., and without meat and drink not above xviiid. So always that the owner of the saw do have for every day 1d. more than his fellow.

For a Hellyer or Tiler } For a Shingler } Every one of these to take by the For a Brickmaker } day from Michaelmas to the Annunciation For a Limeburner } of our Lady with meat and For a Lathmaker } drink not above iiid., and without For a Quarrier } meat and drink not above viid. For a Pavier or Pitcher } For a Collier } And from the Annunciation of our For a Bondcaster } Lady to Michaelmas with meat and For a Thatcher } drink not above iiiid., and without For a Chandler } meat and drink not above viiid. For a Tinker } For a Painter }

_Wages by the year for the journeymen of these occupations following with meat and drink._

For a miller by the year with meat and drink of wages not above xls., and a livery, or vis., viiid., for the same.

For a loader to the mill of wages not above xxvis., viiid., and a livery, or vis., for the same.

For a dyer, for a brewer, for a tanner, for a linen weaver, the chiefest to take by the year of wages not above ls., and all other common workmen of the same occupation of wages by the year not above xls. without any livery.

A Shoemaker } A Currier } A Woollen Weaver } The chiefest of these to take by the A Tucker } year of wages not above xls. A Fuller } A Shearman } A Clothworker } A Hosier } and every common workman of the the A Tailor } same occupation to take by the year A Baker } of wages not above xxvis., viiid. A Glover } A Girdler } A Spurrier } A Capper } A Hatter } A Feltmaker } A Bowyer } The chiefest of these to take by the A Fletcher } year of wages not above xls. An Arrowhead-maker } A Butcher } A Fishmonger } A Pewterer } A Cutler } A Smith } and every common workman of the A Sadler } same occupations to take by the year A Furrier or Skinner } of wages not above xxvis., viiid. A Parchment-maker } A Cooper } A Earthen Potmaker } A Turner }

Every master weaver or chief workman in that trade, working duly and truly, shall have of wages for weaving of a cloth of what sort soever after the rate of [_blank_] the day and every other ordinary workman of that trade, working as aforesaid, shall have for weaving of a cloth of what sort soever after the rate of [_blank_]; but they shall not take their wages for every day that they shall be about the making of a cloth, but only for so many days as good workmen of that trade following their labour duly and painfully may, if they will, make such a cloth.

Every master tucker, following his labour duly and painfully, shall take of wages by the week not above [_blank_], and every ordinary workman of the same trade, following his labour as aforesaid, shall take of wages by the week not above [_blank_]. Every woman spinner's wage shall be such as, following her labour duly and painfully, she may make it account to [_blank_] the day.

James Mervin. Wm. Eyre. Edw. Penruddock. Jasper More. John Dauntsey. Alexander Tutt. Jo. Ernlle. James Ley. Henry Martyn.

[Footnote 289: A mistake for fifth (see No. 6).]

13. ASSESSMENT MADE BY THE JUSTICES OF WILTSHIRE, DEALING MAINLY WITH TEXTILE WORKERS [_Hist. MSS. Com., Vol. I, pp. 167-168, The Records of Quarter Sessions in the County of Wilts_], 1605.

_Wiltshire._--The declaration of the general rates of wages of servants, labourers, artificers, handycraftsmen, weavers, spinsters, workmen and workwomen within the foresaid county assessed and rated by the Justices of the Peace of the foresaid county, whose hands and seals are hereunder to these presents set, at the General Sessions of the Peace of the said county holden at the Devizes in the said county the ninth day of April in the year of the reign of our Sovereign Lord James by the grace of God, etc...., according to the Statutes in that case made and provided.

_Imprimis_, that the rates of the wages of servants, labourers, artificers, and handicraftsmen within the said county shall continue and be for this year now next ensuing in all respects as they were rated and assessed the last year next before.

_Item_ that the rates of wages of the weavers and spinsters shall be for this year now next ensuing as follows, viz.:--

A weaver for weaving a cloth of 700 viis. And for every beer[290] above 700 and under 800 iid. 700 A spinner for spinning of a pound of these sorts of warp shall have iid. And for a pound of abb spinning id. ob. _Item_ for weaving of a cloth of 800 viiis. And for every beer above 800 and under 900 iid. ob. 800 A spinner for spinning of a pound of these sorts of warp shall have iid. ob. And for a pound of abb id. ob. For a weaving of a broad listed white of this making ixs. For the hanking thereof xiid. _Item_ for weaving of a cloth of 900 ixs. For every beer above 900 and under 1000 iiid. 900 A spinner for spinning of a pound of these sorts of warp shall have iid. ob. q. For the spinning of a pound of abb of that sort id. ob. q. And for every pound of abb wrought into a cloth above 54 and not above 60 xiid. _Item_ for weaving of a cloth of 1000 xs. For every beer above 1000 and under 1100 iiiid. 1000 For every pound of abb above 54 and not above 60 xiid. For every pound of abb above 60 xvid. A spinner for spinning of a pound of these sorts of warp shall have iiid. ob. And for a pound of abb iid. _Item_ for weaving of a cloth of 1100 being narrow listed with 54_li_ of abb xiis. For every beer above 1100 and not above 1200 vid. For every pound of abb above 54 and not above 60 xviiid. 1100 For every pound of abb above 60 pound xxd. and A spinner for spinning a pound of these 1200 sorts of warp shall have iiiid. And for a pound of abb iid. ob. For weaving of the broad listed whites of the three sorts of cloth next before mentioned xiiis. vid. For the hanking of them xiid.

James Mervin. Wa. Longe. Wm. Eyre. Jo. Ernele. Jaspar More. Edward Penrudock. H. Sadler. Jo. Dauntesey. John Hungerford. Wm. Bayles. Jo. Warneford. W. Blacker. Edw. Rede. Henry Martyn. G. Tooker. Anth. Hungerford. La. Hyde.

[Footnote 290: For the meaning of "beer" and "abb" see notes to document No. 8.]

14. ADMINISTRATION OF THE WAGE CLAUSES OF THE STATUTE OF ARTIFICERS [_Atkinson, North Riding Quarter Sessions, Vol. I, pp._ 27, 60, 69, 99, 105], 1605-8.

Jan. 17th, 1605. [Presented by the Jury.] John Bulmer of West Cottam, husbandman, for hiring servants without recording their names and salaries before the Chief Constable, _contra formam statuti_, etc., and also Rob. Harrison and Will Keldell both of the same, for the like....

Helmesly, Jan. 8, 1606. The inhabitants of Thirkleby, (Great and Little), for refusing to give the names of their servants and their wages to the constables of the said town or to the Head Constables. The inhabitants of Kilbornes, Over and Nether, for the like and for giving their servants more wages than the statute doth allow.

Thomas Gibson, of Easingwold, for retaining and accepting into his service one Will Thompson without shewing to the Head Officer, Curate or Churchwarden any lawful testimonial.

Will Burnett, of Bawker, for refusing to pay pence for entering his servants' names; Cuthbert Ivyson, of Awdwarke, husbandman, for retaining Tim Johnson, servant, at husbandry for 46s., contrary to the rates assessed by the Justices.

Thirske, April 14, 1607. Thomas Grange of East Harlesey, for refusing to give a note of his servants and their wages.

Malton, Jan. 12, 1607. Jane Kay of Fawdington within the constabulary of Bagby, for denying to give the names of her servants, nor tickets nor rates of her servants.

Malton, Jan. 12, 1607. Alice Sharrow, of New Milnes in Seazey parish, for taking more wages of Will Bell of Kascall than, etc.

Malton, Jan. 12, 1607. Thos. Wawne of Thorp Rawe, yeoman, for giving wages to ... Rymer his servant, exceeding the rate set down by the Justices.

15. ADMINISTRATION OF THE APPRENTICESHIP CLAUSES OF THE STATUTE OF ARTIFICERS [_Atkinson, North Riding Quarter Sessions, Vol. I, pp._ 106 and 121], 1607-8.

Malton, Jan. 12, 1607. [Presented by the Jury.] Thomas Cooke, ... webster, for trading, having never served vii years' apprentice....

Rob. Pybus of Beedall, for buying barley to malt to sell without license, and also useth the trade of malting, he being a very young man, unmarried, which is contrary to the statute.

Helmesley, July 12, 1608. Rob. Richardson of Sawdon, carpenter, for using that trade, having been but two years apprentice.

Fr. Storry of Gristropp, carpenter, for retaining one John Milborne and John Palmer as apprentices without indenture.

16. THE ORGANISATION OF THE WOOLLEN INDUSTRY[291] [_S.P.D. James I, Vol._ LXXX, 13], 1615.

The breeders of wool in all countries are of three sorts--

1. First those that are men of great estate, having both grounds and stock of their own, and are beforehand in wealth. These can afford to delay the selling of their wools and to stay the clothiers' leisure for the payment to increase the price. The number of these is small.

2. Those that do rent the king's, noblemen's and gents' grounds and deal as largely as either their stock or credit will afford. These are many and breed great store of wool; most of them do usually either sell their wools beforehand, or promise the refusal of them for money which they borrowed at the spring of the year to buy them sheep to breed the wool, they then having need of money to pay their Lady-day rent and to double their stock upon the ground as the spring time requireth, and at that time the clothiers disburse their stock in yams to lay up in stock against hay-time and harvest when their spinning fails. So that then farmers and clothiers have greatest want of money at one time.

3. The general number of husbandmen in all the wool countries that have small livings, whereof every one usually hath some wool, though not much. They are many in numbers in all countries and have great store of wool, though in small parcels. Many of these also do borrow money of the wool merchant to buy sheep to stock their commons. Their parcels being so small, the times of selling so divers, the distance of place so great between the clothier and them, it would be their undoing to stay the clothier's leisure for the time of their sale, or to be subject to him for the price....

These wools are usually converted by four sorts of people.

1. The rich clothier that buyeth his wool of the grower in the wool countries, and makes his whole year's provision beforehand and lays it up in store, and in the winter time hath it spun by his own spinsters and woven by his own weavers and fulled by his own tuckers, and all at the lowest rate for wages. These clothiers could well spare the wool buyers that they might likewise have wool at their own prices, and the rather because many of them be brogging clothiers and sell again very much, if not most, of the wool they buy.

2. The second is the meaner clothier that seldom or never travels into the wool country to buy his wool, but borrows the most part of it at the market, and sets many poor on work, clothes it presently, and sells his cloth in some countries upon the bare thread, as in Devonshire and Yorkshire, and others dress it and sell it in London for ready money, and then comes to the wool market and pays the old debt and borrows more. Of this sort there are great store, that live well and grow rich and set thousands on work; they cannot miss the wool chapman, for if they do they must presently put off all their workfolk, and become servants to the rich clothier for 4d. or 6d. a day, which is a poor living.

3. The third sort are such clothiers that have not stock enough to bestow, some in wool and some in yarn, and to forbear some in cloth as the rich clothiers do, and they buy but little or no wool, but do weekly buy their yarn in the markets, and presently make it into cloth and sell it for ready money, and so buy yarn again; which yarn is weekly brought into the markets by a great number of poor people that will not spin to the clothier for small wages; but have stock enough to set themselves on work, and do weekly buy their wool in the market by very small parcels according to their use and weekly return it in yarn, and make good profit thereof, having their benefit both of their labour and of the merchandise, and live exceeding well. These yarn-makers are so many in number that it is supposed by men of judgment that more than half the cloths that are made in Wilts, Gloucester, and Somersetshire is made by the means of these yarn-makers and poor clothiers that depend weekly upon the wool chapman, which serves them weekly with wool either for money or credit.

4. The fourth sort is of them of the new drapery, which are thousands of poor people inhabiting near the ports and coasts from Yarmouth to Plymouth and in many great cities and towns, as London, Norwich, Colchester, Canterbury, Southampton, Exeter and many others. These people by their great industry and skill do spend a great part of the coarse wools growing in the kingdom, and that at as high a price or higher than the clothiers do the finest wools of this country, as appeareth by a particular hereunto annexed....

[Footnote 291: Quoted Unwin, _Industrial Organization in the Sixteenth and Seventeenth Centuries_, App. A, II.]

17. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF 5 ELIZ., c. 4 [_Reports of Special Cases Touching Several Customs and Liberties of the City of London, collected by Sir H. Calthrop_, 1655], 1615.

_Hil._ 12, _Iac._ 1 [Tolley's case]. It was agreed and resolved that an upholsterer is not a trade within that Stat. For first it is not a trade that is mentioned in any of the branches of the Statute, howsoever in all parts of the Statute there is mention made of 61 several trades and misteries. And if the artizans which at that time were assistants unto the committees for the expressing of all manner of trades had thought that the trade of an upholsterer had been such a trade that required art and skill for the encouraging of it, they would not have failed to make mention of it.... Thirdly the trade of an upholsterer doth not require any art or skill for the exercizing of it, inasmuch as he hath all things made to his hand, and it is only to dispose them in order after such time as they are brought to him ... and so he is like Aesop's bird which borroweth of every bird a feather, his art resting merely in the overseeing and disposition of such things which other men work, and in the putting of feathers into tick, and sewing them up when he hath done, the which one that hath been an apprentice unto it but seven days is able to perform. And the intent of this Statute was not to extend unto any other trade but such as required art and skill for the managing of them; and therefore it was adjudged in the Exchequer upon an information against one [space] in the 42nd year of the late Queen Eliz. that a costermonger was not a trade intended by the Statute of 5 Eliz., because his art was in the selling of apples, which required no skill or experience for the exercise of it. So an husbandman, tankardbearer, brickmaker, porter, miller, and such like trades are not within the Statute of 5 Eliz., cap 4, so as none may exercize them but such a one as hath been an apprentice by the space of 7 years; for they are arts which require ability of body rather than skill.

18. A PETITION TO FIX WAGES ADDRESSED TO THE JUSTICES BY THE TEXTILE WORKERS OF WILTSHIRE [_Historical MSS. Commission, Vol. I, p. 94. The Records of Quarter Sessions in the County of Wilts._], 1623.

May it please you to be informed of the distressed estate of most of the weavers, spinners, and others that work on the making of woollen clothes, that are not able by their diligent labours to get their livings, by reason that the clothiers at their will have made their work extreme hard, and abated wages what they please. And some of them make such their workfolks to do their household businesses, to trudge in their errands, spool their chains, twist their list, do every command, without giving them bread, drink, or money for many days' labour. May it please you therefore, for the redressing of these enormities done by the clothiers, to appoint certain grave and discreet persons to view the straitness of works, to assess rates for wages according to the desert of their works, now especially in this great dearth of corn, that the poor artificers of these works of woollen cloth may not perish for want of food, while they are painful in their callings, so shall many families be bound to pray for your worships' happiness and eternal felicity.

_Order signed by nine justices._

The petitioners to set down their names to this petition, and the place of their dwelling, and the clothiers dwelling next to the places of their habitations to be warned to be at Devizes the Thursday in the next Whitsun week, to confer with us hereabouts, that they call others grieved herein to attend us at that time.[292]

[Footnote 292: The final result of the meeting was that the Justices ordered the rates fixed to be published on market day at Devizes.]

19. APPOINTMENT BY PRIVY COUNCIL OF COMMISSIONERS TO INVESTIGATE GRIEVANCES OF TEXTILE WORKERS IN EAST ANGLIA [_Privy Council Register. Charles I, Vol. 6, pp. 350-1_], 1630.

At Whitehall the 16th February, 1630.

Present:

Lord Treasurer. Lord Privy Seal Lord High Chamberlain. Earl Marshall. Earl of Dorset. Lord V. Dorchester. Lord V. Wentworth. Lord V. Falkland. Lord Bishop of Winton. Lord Newburgh. Mr. Treasurer. Mr. Comptroller. Mr. Secretary Coke.

Whereas a petition was this day presented to the Board by Sylvia Harbert, widow, on the behalf of herself and divers others, showing that the poor spinsters, weavers and combers of wool in Sudbury and the places near adjoining thereunto, in the counties of Suffolk and Essex, are of late by the clothiers there (who are now grown rich by the labours of the said poor people) so much abridged of their former and usual wages, that they (who in times past maintained their families in good sort) are now in such distress by the abatement of their wages in these times of scarcity and dearth, that they are constrained to sell their beds, wheels and working tools for want of bread, as by the petition itself doth more at large appear, wherein the petitioners humbly sought to be relieved by some directions from this Board:--their Lordships upon consideration had thereof, have thought fit and ordered that the petition being first signed by the Clerk of the Council attendant shall be recommended to Sir Robert Crane, Bart., Sir Thomas Wiseman, Sir William Maxey, Sir Drewe Deane, Kt., Thomas Eden, Doctor of the Civil Law, Henry Gent, Esq., and Robert Warren, Justices of the Peace of the counties aforesaid, Richard Skinner and Benjamin Fisher, Aldermen of Sudbury, or to any four of them, whereof one Justice of the Peace of each county, and one of the said aldermen, to be three, who are hereby authorised and required to call before them such persons on either side, as they think fittest to inform them of the true state of these complaints, and thereupon to settle such a course for the relief of the petitioners by causing just and orderly payment to be made them of their due and accustomed wages, as that they may have no further cause to complain, nor the Board be further troubled herewithall. And in case any particular person shall be found (either out of the hardness of his heart towards the poor, or out of private ends or humours) refractory to such courses as the said commissioners shall think reasonable and just, that then they bind over every such person to answer the same before the Board.

20. REPORT TO PRIVY COUNCIL OF COMMISSIONERS APPOINTED ABOVE[293] [_S.P.D. Charles I, Vol. 189, No. 40_], 1630.

Right Honourable and our very good Lord,

We have according to your lordship's order from the Council Board, dated the 16th day of February, 1630, under the hand of the Clerk of the Council, called before us the saymakers, spinsters, weavers and combers, of Sudbury and the towns adjoining, and have examined the cause of the saymakers abating the wages of the spinsters, weavers and combers; and asking the saymakers why they did so abate, their answer was that all of that trade in other parts of the Kingdom did the like; but if it might be reformed in all other parts, they were content to give such wages as we should set down. Whereupon we did order, with the good liking of all parties, as in this enclosed paper is set down. We therefore humbly pray your lordships that the like order may be taken throughout all the kingdom with men of that trade, by way of His Majesty's proclamation, or any other order which may seem best to your lordships' wisdoms; for if the like order be not more general than to Sudbury and the towns adjacent, it must necessarily be their ruin and utter undoing. And so commending the same to your lordships' further direction, we humbly rest, your lordships' in all services to be commanded.

This xxvith of April, 1631.

Tho. Wyseman. Willi. Maxey. Dra Deane. He. Gent. R. Wareyn. Richard Skynner. Ben Fissher.

_Endorsed_,

27 April, 1631.

from the Justices of the Peace in the county of Essex concerning the Saymakers, Spinsters, Weavers and Combers of Sudbury.

_Essex._ An order made at our meeting at Halsted in the said county the eighth day of April Anno domini 1631 by virtue of an order from the Lords of the Council.

It is ordered and agreed upon by us whose names are hereunder written, that the saymakers within the town of Sudbury in Suffolk shall pay unto the spinsters for spinning of every seven knots, one penny, and to have no deduction of their wages, and that the reel whereon the yarn is reeled to be a yard in length, and no longer, and we do further order, that for all the white sayes under five pounds weight the saymaker shall give unto the weaver twelve pence the pound for the weaving thereof, and for the sayes that shall be above five pounds and under ten pounds to give twelve pence the pound, abating six pence in the piece for the weaving thereof, and for the mingled sayes containing eight or nine pounds, nine shillings, and so proportionably as it shall contain more or less in weight. This our order to continue until the 15th day of May next ensuing, except from the Council there shall be other order taken.

Thos. Wyseman. Willi. Maxey. Dra. Deane. R. Wareyn. Ri. Skynner. Beniamine Fissher.

[Footnote 293: No. 19.]

21. HIGH WAGES IN THE NEW WORLD [_Winthrop's Journal, Vol. II, p. 220_], 1645.

The war in England kept servants from coming to us, so as those we had could not be hired, when their times were out, but upon unreasonable terms, and we found it very difficult to pay their wages to their content (for money was very scarce). I may upon this occasion report a passage between one Rowley and his servant. The master, being forced to sell a pair of his oxen to pay a servant his wages, told his servant he could keep him no longer, not knowing how to pay him the next year. The servant answered he would serve him for more of his cattle. 'But how shall I do' (saith the master) 'when all my cattle are gone?' The servant replied, 'You shall then serve me, and so you may have your cattle again.'

22. YOUNG MEN AND MAIDS ORDERED TO ENTER SERVICE [_Hist. MSS. Com., Vol. I., p. 132_], 1655.

At an adjourned sessions on 5 June an order was made that, whereas the rate of wages fixed for servants and labourers had been proclaimed, but young people, both men and maids, fitting for service, will not go abroad to service without they may have excessive wages, but will rather work at home at their own hands, whereby the rating of wages will take little effect, therefore no young men or maids fitting to go abroad to service (their parents not being of ability to keep them) shall remain at home, but shall with all convenient speed betake themselves to service for the wages aforesaid, which if they refuse to do the Justices shall proceed against them.

23. REQUEST TO JUSTICES OF GRAND JURY OF WORCESTERSHIRE TO ASSESS WAGES [_Hist. MSS. Com., Vol. I, p. 322_], 1661.

Presentments by the Grand Jury. 1661, Ap. 23. We desire that the overseers of parishes may not be hereafter compelled to provide houses for such young persons as will marry before they have provided themselves with a settling. We desire that servants' wages may be rated according to the statute, for we find the unreasonableness of servants' wages a great grievance so that the servants are grown so proud and idle that the master cannot be known from the servant except it be because the servant wears better clothes than his master.[294] We desire that the statute for setting poor men's children to apprenticeship be more duly observed, for we find the usual course is that if any are apprenticed it is to some petty trade, and when they have served their apprenticeship they are not able to live by their trades, whereby not being bred to labour they are not fit for husbandry. We therefore desire that such children may be set to husbandry for the benefit of tillage and the good of the commonwealth.

[Footnote 294: The last clause is scratched through in the original.]

24. PROCEEDINGS ON APPRENTICESHIP CLAUSES OF STATUTE OF ARTIFICERS[295] [_Privy Council Register, Oct. 29, 1669_].

Upon reading this day at the board the humble Petition of Francis Kiderbey of Framlingham ... draper, setting forth that he served his apprenticeship for 7 years in the City of London to a Tailor, whereby he came to the knowledge and skill of all sorts of cloth, and used and exercised the same for a long time; that the petitioner's occasions calling him to live in Framlingham aforesaid, and that town wanting one that dealt in cloth, the petitioner set up a shop for selling the same, and thereby got a good livelihood for himself and family; yet some, out of malice, hath caused three bills of Indictment to be presented against him at the sessions held at Woodbridge for that county upon the Statute made 5 Eliz. c. 4, whereby it is provided that none shall use any manual occupations but he that hath been bound seven years an apprentice to the same, which Statute, though not repealed, yet has been by most of the Judges looked upon as inconvenient to trade and to the increase of inventions; that the Petitioner hath removed the said indictments into the Court of King's Bench, where judgment will be given against him, that statute being still in force, and therefore praying that his Majesty will be pleased to give order to his Attorney-General to enter a _non prosequi_ for stopping proceedings against him. It was ordered by his Majesty in Council that it be and it is hereby referred to Mr. Attorney-General to examine the truth of the Petitioner's case, and upon consideration thereof to report to his Majesty in Council his opinion thereupon, and how far he conceives it may be fit for his Majesty to gratify the Petitioner in his said request.

[On Dec. 17, 1669, the Attorney-General reported that Kiderbey was liable to the penalty of the Statute, but that the indictments being in the King's name, his Majesty might order a _non processe_ to be entered; which was ordered to be done.]

[Footnote 295: Quoted Unwin, _Industrial Organization in the Sixteenth and Seventeenth Centuries_, App. A, VII.]

SECTION IV

THE RELIEF OF THE POOR AND THE REGULATION OF PRICES

1. Regulations made at Chester as to Beggars, 1539--2. A Proclamation Concerning Corn and Grain to be brought into open Markets to be sold, 1545--3. Administration of Poor Relief at Norwich, 1571--4. The first Act Directing the Levy of a Compulsory Poor Rate, 1572--5. The first Act Requiring the Unemployed to be set to Work, 1575-6--6. Report of Justices to Council Concerning Scarcity in Norfolk, 1586--7. Orders devised by the Special Commandment of the Queen's Majesty for the Relief and Ease of the Present Dearth of Grain Within the Realm, 1586--8. The Poor Law Act of 1601--9. A note of the Grievances of the Parish of Eldersfield, 1618--10. Petition to Justices of Wiltshire for Permission to Settle in a Parish, 1618--11. Letter from Privy Council to Justices of Cloth-making Counties, 1621-2--12. Letter from Privy Council to the Deputy Lieutenants and Justices of the Peace in the Counties of Suffolk and Essex concerning the Employment of the Poor, 1629--13. The Licensing of Badgers in Somersetshire, 1630--14. Badgers Licensed at Somersetshire Quarter Sessions, 1630--15. The Supplying of Bristol with Grain, 1630-1--16. Proceedings against Engrossers and other Offenders, 1631--17. Order of Somersetshire Justices Granting a Settlement to a Labourer, 1630-1--18. Report of Derbyshire Justices on their Proceedings, 1631--19. Letter from Privy Council to Justices of Rutlandshire, 1631--20. Judgment in the Star Chamber against an Engrosser of Corn, 1631.

The national system of Poor Relief which was built up in the course of the sixteenth century was composed of three elements, experiments of municipal authorities, Parliamentary legislation, supervision and stimulus supplied by the Privy Council. The first step taken by towns was usually to organize begging by granting licences to certain authorized beggars, while punishing the idler (No. 1); the next to provide establishments where necessitous persons could be set to work on materials provided at the public expense (No. 3). The action of the State followed the same lines of development. During the first three quarters of the sixteenth century it (_a_) left the provision of the funds needed for relief to private charity, (_b_) directed the relief of the "impotent poor," but treated all able-bodied persons in one category, that of "sturdy rogues." But in 1572 it recognized the inadequacy of voluntary contributions by directing the levy of a compulsory poor rate (No. 4), and in 1576 made the important innovation of discriminating between persons unemployed because they could not get work and persons unemployed because they did not want work, by enacting that the former should be set to work on materials provided for them, and that the latter should be committed to the House of Correction (No. 5). The system was completed by the Act for the Relief of the Poor of 1601 (No. 8). Its administration was in the hands of the Justices of the Peace, who were much occupied with questions of settlement (Nos. 9, 10, 17), with carrying out instructions sent to them by the Privy Council for relieving distress (Nos. 12 and 19), and with making reports to the Privy Council of their proceedings (No. 18).

The provision of relief was never intended to be, and down to 1640 was not, the sole method of coping with problems of distress. It was in its origin associated with measures of a preventive character, attempts to prevent the eviction of peasants (Part II, Section I, Nos. 9, 10, 13-17, 20 and 21), occasional attempts to raise wages (Part II, section III, Nos. 10, 18, 19 and 20), attempts to prevent employers dismissing workpeople in times of trade depression (No. 11), attempts to regulate the price of food stuffs and to secure adequate supplies for the markets (Nos. 2, 6, 7, 13, 14, 15, 16, 20). In the latter matter, as in many others, the Tudor governments tried to make a regularly administered national system out of what had for centuries been the practices of local bodies. The Justices of the Peace were required in 1545 to inspect barns and to compel the owners of supplies of grain to sell it in open market (No. 3). Under Elizabeth the system was elaborated. The Justices from time to time made returns to the Privy Council of the stocks of grain available (No. 6), and of the prices ruling (No. 18); and extremely detailed instructions for their guidance were drawn up by Burleigh in 1586 (No. 7). The licensing of "Badgers," or dealers in corn, was part of their regular business (Nos. 13 and 14); the movement of grain from one district to another was carefully supervised (No. 15); and engrossers and regrators were frequently brought before them (No. 16). The efficiency of the system depended very largely on the close supervision of local government and economic affairs by the Privy Council, and on the fact that offenders against public policy could be tried before the Court of Star Chamber. One case before that Court is printed below (No. 20). It is interesting as showing both the economic ideas upon which the policy of regulating prices was based, and the way in which attempts to supervise economic relationships brought the government into collision with the interests of the middle and commercial classes.

AUTHORITIES

The only modern English writer who deals adequately with the subject of this section is Miss E.M. Leonard, _The Early History of English Poor Relief_. Short accounts of different aspects of the subject are given by Cunningham, _English Industry and Commerce, Modern Times_,