Philip Anthony Brown

THE RELIEF OF THE POOR AND THE REGULATION OF PRICES

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

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

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

AUTHORITIES

The only modern English writer who deals adequately with the subject of this section is Miss E.M. Leonard, The Early History of English Poor Relief. Short accounts of different aspects of the subject are given by Cunningham, English Industry and Commerce, Modern Times, Part I; Ashley, Economic History, Chap. V; Nicholls, History of the Poor Law; Rogers, Six Centuries of Work and Wages; Tawney, The Agrarian Problem in the Sixteenth Century; Gasquet, Henry VIII and the English Monasteries; Oxford Historical and Literary Studies, I, Elizabethan Rogues and Vagabonds and their Representation in Contemporary Literature, by Frank Aydelotte; Oxford Studies in Social and Legal History, Vol. III, One Hundred Years of Poor Law Administration in a Warwickshire Village, by A.W. Ashby. The student may also consult the following:—

(1) Documentary authorities:—Municipal Records (see bibliographies and references under section II) and Quarter Sessions Records (see bibliographies and references under section III); the Statutes of the Realm, Acts of the Privy Council, Calendars of State Papers Domestic, especially under Elizabeth; Reports of the Historical Manuscripts Commission, especially Vol. I (containing Quarter Sessions Proceedings of Wiltshire and Worcestershire), the volumes containing a report on the papers of the Marquis of Salisbury (in particular Part VII), and a report on the papers of the Marquis of Lothian (pp. 76-80).

(2) Reference to questions of pauperism and prices will be found in contemporary literary authorities set out under section I, in particular in the works of More, Crowley, Lever, Stubbes, Harrison, Bacon and Moore, and in the Commonwealth of this realm of England. Awdeley, Fraternity of Vagabonds (1561, Early English Text Society), gives an amusing account of the habits of vagrants.

1. Regulations made at Chester as to Beggars [Morris. Chester in the Plantagenet and Tudor Reigns, pp. 355, 356], 1539.

Henry Gee, Mayor, 31 Henry VIII. [1539]. Forasmuch as by reason of the great number of multitude of valiant idle persons and vagabonds which be strong and able to serve and labour for their livings, and yet daily go on begging within the same city, so that the poor impotent and indigent people and inhabiting within the same city and having no other means to get their living but only by the charitable alms of good Christian people daily want and be destitute of the same, to the great displeasure of Almighty God and contrary to good conscience and the wholesome statute and laws of our sovereign Lord the King in such case made and provided; for reformation whereof it is ordained and established by the said city ... that the number and names of all indigent and needy mendicant people shall be searched, known and written, and thereupon divided in xv parts, and every of them assigned to what ward they shall resort and beg within the said city, and in no other place within the same, and their names to be written in a bill and set up in every man's house within every ward for knowledge to whom they shall give their alms and to no other. And if any other person or persons come to any man or woman's door, house or person to beg, not having his name in the bill within that man's or woman's houses, then the same man or woman to give unto the same beggar no manner alms or relief but rather to bring or send him to the stocks within the same ward, or else to deliver him to the constable of the same ward or the alderman's deputy within the same ward, and he to put him in the stocks, there to remain by the space of a day and a night; and yet, every man and woman that shall offend in using themselves contrary to this ordinance concerning such valiant beggars shall for every such offence forfeit xiid. to be levied to the use of the common box by the commandment of the alderman of the same ward, and for default of payment thereof the same man or woman so offending to be committed to the ward by the mayor till it be paid.

And if any of the indigent and poor needy beggars [beg] at any time in any other place within this city out of the ward to them assigned as is aforesaid, then the same beggar so offending to be punished by the mayor's discretion. And further it is ordered that all manner of idle persons, being able to labour abiding within the said city and not admitted to live by alms within the said city, shall every workday in the morning in the time of winter at vi of the clock, and in time of summer at iiii of the clock, resort and come unto the high cross of the said city, and there to offer themselves to be hired to labour for their living according to the king's laws and his statutes provided for labourers; and if any person or persons do refuse so to do, then he or they so refusing to be committed to ward by the mayor of the said city for the time being, there to remain unto such time he or they so refusing hath found sufficient sureties to be bound by recognisance before the said mayor in a certain sum, so to [do] accordingly to the King's laws and statutes aforesaid.

2. A Proclamation ... concerning Corn and Grain to be Conveyed and Brought into Open Markets to be Sold [Br. M. Harleian MSS. 442, fo. 211][296], 1545.

Forasmuch as it is come to the knowledge of our Sovereign Lord the King, how that divers persons, as well his own subjects as others, having more respect to their own private lucre and advantage than to the common weal of this his Highness's realm, have by divers and sundry means accumulated and got into their hands and possession a great number and multitude of corn and grain, far above the necessary finding of their households, sowing of their lands, paying their rent-corn and performing of their lawful bargains of corn without fraud or intrigue; and the same of their covetous minds do wilfully detain and keep in their possessions without bringing any part or parcel thereof into any market to be sold, intending thereby for to cause the prices of corn to rise, so that they may sell their corn and grain at such unreasonable prices as they will themselves; by reason whereof the prices of corn and grains ... be raised to such excessive and high prices, that his Majesty's loving subjects cannot gain with their great labours and pains sufficient to pay for their convenient victuals and sustenance, and worse are like to be hereafter, unless speedy remedy be provided in that behalf; his Highness, therefore, by the advice of his said most honourable council, and by authority of the said act of parliament made in the said 31st year of his Majesty's reign, straightly chargeth and commandeth all justices of peace ... within 20 days next ensuing the publishing of this proclamation according to the said act, and oftener after that by their discretions, to assemble themselves together ... and that the said justices ... or two of them at the least, shall with all convenient speed search the houses, barns and yards of such persons as have been accustomed or used to sell corn and grain, and have abundance of corn and grain more than shall be necessary for the sowing of their lands, paying their rent-corn, performing their said lawful bargains of corn, and finding of their houses until the feast of All Saints next coming; and where they shall find any such abundance or surplus, shall by their discretions straightly ... command in the name of our said sovereign lord the king the owner or owners thereof to convey and bring or cause to be brought such part and portion of their said corn and grain unto the market or markets there near adjoining, or to have such other market or markets, where they afore time have used or accustomed to sell their corn there to be sold at, and during such time as shall be thought meet by the said justices of the peace or two of them at the least; the same justices delivering unto every of the said owner and owners a bill subscribed with their hands, mentioning and declaring the days, places, number and certainty of the bringing of the said corn and grain to the said market and markets to be sold, as is aforesaid, according to their said commandments and appointments; and if any person or persons do wilfully refuse to convey or bring or cause to be brought unto the said market or markets to be sold such part or portion of any such corn and grain as by the said justices or two of them at the least, shall be to him and them limited and appointed as is aforesaid, that then every such person and persons so offending shall lose and forfeit for every bushel ... 3s. and 4d. ... This proclamation to continue and endure until the feast of All Saints next coming and no longer....

[296] Quoted Schanz, op. cit., Vol. II, pp. 669-671.

3. Administration of Poor Relief at Norwich [Leonard, Early History of English Poor Relief, pp. 311-314], 1571.

[It is ordered] 1. First, that no person or persons old or young shall be suffered to go abroad after a general warning given, or be found a-begging in the streets at the sermon or at any man's door or at any place within the city, in pain of six stripes with a whip.

2. That not any person or persons shall sustain or feed any such beggars at their doors, in pain of such fine as is appointed by statute, and further to pay for every time fourpence, to be collected by the deacons, and to go to the use of the poor of the said City.

3. Item that at the house called the Normans in the convenientest place therefore, shall be appointed a working place, as well for men as for women, viz. for the men to be prepared fourteen malt querns to grind malt and such exercises; and for the women to spin and card and such like exercises.

Which working place shall contain to set twelve persons or more upon work, which persons shall be kept as prisoners to work for meat and drink for the space of twenty and one days at the least, and longer if cause serve, and they shall not eat but as they can earn (except some friend will be bound for them), that the city shall no more be troubled with them; with this proviso that such persons as shall be thither committed shall be such as be able to work and daily notwithstanding will not work but rather beg, or be without master or husband, or else be vagabonds or loiterers.

Which persons shall begin their works at five of the clock in summer, viz. from our Lady the Annunciation until Michelmas, and shall end their works at eight of the clock at night, and in Winter to begin at six of the clock from Michelmas to our Lady, and to end at seven of the clock at night or half an hour past, with the allowance of one half hour or more to eat and a quarter of an hour to spend in prayer.

And every one sent thither shall be by warrant from the mayor or his deputy or deputies to the bailiff there, upon which warrant the bailiff shall be bound to receive everyone so sent and set them a-work.

And those that shall refuse to do their works to them appointed or keep their hours, to be punished by the whip at the discretion of the wardens or bailiff of the house.

For the bailiff of Bridewell.

Item, upon the said authority be also appointed another officer, to be called the bailiff of Bridewell, who is also to be resident there with his wife and family, who shall take the charge by inventory from the wardens of all bedding and other utensils delivered unto him to the use of the workfolks, who shall yearly account with the wardens for the same.

And also shall take charge of such vagabonds, men and women, as to them shall be committed, enforcing them to work by the hours aforesaid. The men to grind malt and other works, and the women to use their hand-deed and, except that they work, not to eat.

And to take of them for their victual, and fuel, or other necessaries as the price shall be rated and there set up. And to allow them for their work by the pound (or otherwise) as shall be rated and set up, and shall use such correction as is aforesaid.

And also shall receive all stuff thither brought and see the same truly and well used and safely delivered.

And he to provide him of such servants as in his absence or his wife's shall see the works done as it ought to be, and to do the house business, as washing, making of beds, baking and also to be expert in hand-deed to spin, card, etc.

And also to provide one officer surveyor, to go daily about the city, with a staff in his hand, to arrest whom that is apt for Bridewell and bring them to master mayor or to any of the committees be commanded thither.

And as he goeth abroad he shall certify how the works in every ward are ordered and occupied, and shall inform master mayor, the committees or his master thereof.

And he shall resort to the deacons in every ward, and be aiding unto them to bring such as be new comers into the city to master mayor, the same presently to be sent away again to the place they came from. And likewise shall bring all disordered persons to be punished to Bridewell if such shall dwell in any ward, and shall give his whole attendance thereupon.

And the said bailiff shall be allowed for himself, his wife, servants and surveyors, (if he shall be charged with his whole number of prisoners,) for meat, drink and wages thirty pounds by year, whereof he shall pay forty shillings a year to a priest to minister service to them twice a week, or else, if he have less charge, to have after the rate as by the discretion of the committees and wardens of Bridewell shall be thought convenient or as they can agree....

Orders for children and others in wards.

Item, that there be also appointed by the committees or commissioners for every single ward so many select women as shall suffice to receive of persons within that ward, viz. of women, maidens or children that shall be appointed unto them by the committees or deacons, to work or learn letters in their house or houses, of the most poorest children whose parents are not able to pay for their learning or of women and maids that live idly or be disordered to the number of six, eight, ten or twelve at the most in any one of their houses.

The same to be driven to work and learn, by the hours appointed in Bridewell and with such corrections, till their hands be brought into such use and their bodies to such pains as labour and learning shall be easier to them than idleness, and as they shall of themselves be able to live of their own works with their families as others do.

And every such select woman appointed to take charge of such aforesaid, shall see that such as to them be committed shall do their works truly and workmanly and be learned profitably, or else to lay sharp correction upon them; and every such select woman doing her duty to teach or cause to be taught or set a-work, to have for her pains in that behalf twenty shillings by year every one of them so appointed and nominated.

And whosoever select woman so appointed shall refuse the same being thereunto appointed, shall suffer imprisonment by the space of twenty days at the least.

4. The First Act Directing the Levy of a Compulsory Poor Rate [14 Eliz. c. 5. Statutes of the Realm, Vol. IV, Part I, pp. 590-98], 1572.

... And when the number of the said poor people forced to live upon alms be by that means truly known, the said justices, mayors, sheriffs, bailiffs and other officers shall within like convenient time devise and appoint, within every their said several divisions, meet and convenient places by their discretions to settle the same poor people for their habitations and abidings, if the parish within the which they shall be found shall not or will not provide for them; and shall also within like convenient time number all the said poor people within their said several limits, and thereupon (having regard to the number) set down what portion the weekly charge towards the relief and sustentation of the said poor people will amount unto within every their said several divisions and limits; and that done, they ... shall by their good discretions tax and assess all and every the inhabitants, dwelling in all and every city, borough, town, village, hamlet and place known within the said limits and divisions, to such weekly charge as they and every of them shall weekly contribute towards the relief of the said poor people, and the names of all such inhabitants taxed shall also enter into the said register book together with their taxation, and also shall by their discretion within every their said divisions and limits appoint or see collectors for one whole year to be appointed of the said weekly portion, which shall collect and gather the said proportion, and make delivery of so much thereof, according to the discretion of the said justices ... and other officers, to the said poor people, as the said justices ... and other officers shall appoint them: and also shall appoint the overseers of the said poor people by their discretions, to continue also for one whole year; and if they do refuse to be overseers, then every of them so refusing to forfeit ten shillings for every such default.

5. The First Act Requiring the Unemployed to be Set to Work [18 Eliz. c. 3. Statutes of the Realm, Vol. IV, Part I, pp. 610-13], 1575-6.

... Also to the intent youth may be accustomed and brought up in labour and work, and thus not like to grow to be idle rogues, and to the intent also that such as be already grown up in idleness and so [be] rogues at this present, may not have any just excuse in saying that they cannot get any service or work, and then without any favour or toleration worthy to be executed, and that other poor and needy persons being willing to work may be set on work: be it ordered and enacted by the authority aforesaid, that in every city and town corporate within this realm, a competent store and stock of wool, hemp, flax, iron or other stuff, by the appointment and order of the mayor, bailiffs, justices or other head officers having rule in the said cities or towns corporate (of themselves and all others the inhabitants within their several authorities to be taxed, levied and gathered), shall be provided.... Collectors and governors of the poor from time to time (as cause requireth) shall and may, of the same stock and store, deliver to such poor and needy person a competent portion to be wrought into yarn or other matter within such time and in such sort as in discretions shall be from time to time limited and prefixed, and the same afterwards, being wrought, to be from time to time delivered to the said collectors and governors of the poor, for which they shall make payment to them which work the same according to the desert of the work, and of new deliver more to be wrought; and so from time to time to deliver stuff unwrought and receive the same again wrought as often as cause shall require; which hemp, wool, flax or other stuff wrought from time to time, shall be sold by the said collectors and governors of the poor either at some market or other place, and at such time as they shall think meet, and with the money coming of the sale, to buy more stuff in such wise as the stocks or store shall not be decayed in value....

6. Report of Justices to Council concerning Scarcity in Norfolk[297] [S.P.D. Eliz., Vol. 191, No. 12], 1586.

May it please your honours, after the remembrance of our humble duties to be advertized; that for a further proceeding in the accomplishment of your honourable letters concerning the furnishing of the markets with corn, we have according to our former letters of the ixth of June last, met here together this day for conference therein. And perusing all our notes and proceedings together, we find that throughout this shire by such order as we have taken with owners and farmers and also badgers and buyers of corn and grain, the markets are by them plentifully served every market day with corn, and the same sold at reasonable rates, viz. wheat at xxiis. the quarter, rye at xvis., malt at xiiiis. and barley at xiis., of which kinds of corn the poorer sort are by persuasion served at meaner prices. And so we doubt not but it shall likewise continue according to our direction until it shall please God that new corn may be used. And hereof thinking it best in performance of our duties to advertize your honours, we humbly take our leave. From Attlebrigge the xith of July 1586.

Your ho: humble at commandment ...
[Signature of Justices.]

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 [Lansdowne MSS., 48, f. 128, No. 54[298]], 1586.

That the sheriffs and justices of the peace by speedy warning of the sheriff shall immediately upon receipt of these orders assemble themselves together, and shall take amongst them into their charge by several divisions all the hundreds, rapes, or wapentakes of the said county.

Item, every company so allotted out shall forthwith direct their precepts unto the said sheriff to warn the high constables, under-constables, and others the most honest and substantial inhabitants ... to appear before them, ... and upon the appearance of the said persons they shall divide them into so many juries as they shall think meet, giving instruction to the said sheriff to return as few of such as be known great farmers for corn or have store of grain to sell as he can; ...

Item, they shall first declare the cause why they are sent for ... and then they shall give them the oath following:—

The Juries' Oath.

You shall swear, etc., that you shall enquire and make true and due search and trial what number of persons every householder that hath corn in their barns, stacks or otherwhere, as well justices of the peace as others whatsoever within the parish of ..., have in their houses; what number of acres they have certainly to be sown this year with any manner of grain; what bargains they have made with any persons for any kind of grain to be sold by or to them; to whom and by whom and upon what price they have made the same, and what quantity of any manner of grain they or any other have in their barns, garners, lofts, cellars or floors or otherwise to be delivered unto them upon any bargain.

Item, what number of badgers, ladders, broggers or carriers of corn do inhabit within the said parish, and whither they do use to carry their corn they buy, and where they do usually buy the same and what their names be, and how long they have used that trade, and by whose license, and to see the same licenses of what tenor they are of.

Item, what number of maltmakers, bakers, common brewers or tipplers dwell within the said parish, and who they are by name, and how long they have used that trade, and how much they bake or brew in the week, and what other trade they have whereby otherwise to live.

Item, who within the same parish be the great buyers of corn, or do buy, or have bought any corn or grain, to sell again, or have sold it again since midsummer last.

Item, who within the same parish buyeth or have bought or sold any corn upon the ground, of whom and to whom hath the same been bought or sold and at what prices, and to certify unto us of the premises and of every part thereof.

That the said justices of the peace, having received ... the verdicts of the said juries, ... shall call ... such persons before them of every parish as upon the presentment so made shall appear to have corn to spare, and upon due consideration of the number of persons which each hath in his house according to their qualities, and of the quantity of grain the party hath toward the finding of the same or otherwise to be spent in his house and sowing of his grounds, allowing to every householder for his expenses in his house for every person thereof according to their quality sufficient corn for bread and drink, between this and the next harvest, and for their seed after the rate of the sowing of that country upon an acre; and (sic) that they shall bind all such as shall appear to have more of any kind of grain than shall serve to uses above mentioned, as well justices of the peace as other, by recognizance in some good reasonable sums of money to observe the orders ensuing, viz., ...

You shall bring or cause to be brought weekly so many quarters or bushels of corn as wheat, rye, barley, malt, peas, beans, or other grain, or so much thereof as shall not be directly sold to the poor artificers or day labourers of the parish within which you dwell by order of the justice of the peace of the division within which you do dwell or two of them, to the market of ..., there to be by you or at your assignment sold unto the Queen's subjects in open market by half quarters, two bushels, one bushel or less as the buyer shall require of you, and not in greater quantity, except it be a badger or carrier of corn admitted according to the statute, or to a common known brewer or baker, ... and you shall not willingly leave any part of your corn unsold if money be offered to you for the same by any that are permitted to buy the same after the usual price of the market there that day, neither shall you from the beginning of the market to the full end thereof keep or cause to be kept any part of your said corn out of the open sight of the market....

Ye shall buy no corn to sell it again.

Ye shall neither buy nor sell any manner of corn but in the open market, unless the same be to poor handicraftsmen or day-labourers within the parish where you do dwell that cannot conveniently come to the market towns by reason of distance of place, according to such direction as shall be given unto you in that behalf by the justices of the peace of that division within which you do dwell, or two of them, and to none of these above one bushel at a time.

That the justices of the peace within their several divisions have special regard that engrossers of corn be carefully seen unto and severely punished according to the law, and where such are found, to make certificate thereof and of the proofs to the Queen Majesty's attorney general for the time being, who is directed speedily to inform against them for the same, and to see also that none be permitted to buy any corn to sell again but by special license.

That they take order with the common bakers for the baking of rye, barley, peas, and beans for the use of the poor, and that they appoint special and fit persons diligently to see their people well dealt withall by the common bakers and brewers in all towns and places in their weight and assize, and effectually to enquire for and search out the default therein, and thereupon to give order for punishment of the offenders severely according to the law, and where any notable offence shall be in the bakers, to cause the bread to be sold to the poorer sort under the ordinary prices in part of punishment of the baker.

That no badgers of corn, bakers or brewers, do buy any grain, or covin or bargain for the same, but in the time of open market, and that but by license under the hand of the justices of the division where they do dwell, or three of them, and that they weekly bring their license with them to the market where they do either buy or sell, and that the license contain how much grain of what kind and for what place they are licensed to buy and carry, that there be set down upon the license the day, place, quantity and price the corn is bought at, that they take but measurably for the carriage, baking and brewing thereof, that they show their book weekly to such as the justice of the division wherein they dwell shall appoint, being no bakers or badgers of corn. And that those persons every 14 days make report to the justice of the division wherein they dwell how the people are dealt withall by the badgers, bakers and brewers. And that such as have otherwise sufficient to live on, or that are known to be of any crime or evil behaviour, be not permitted to be badgers of corn, nor any badgers to be permitted but such as the statute doth limit, and that none be permitted to buy or provide corn in the market in gross as badger or baker and such like, upon pain of imprisonment, until one hour after the full market be begun, that the poor may be first served.

That the said justices, or two or one of them, at the least, in every division, shall be personally present at every market within their several divisions to see the orders to be taken by the authority hereof to be well observed, and the poor people provided of necessary corn, and that with as much favour in the prices as by earnest persuasion of the justices may be obtained; ...

That all good means and persuasions be used by the justices in their several divisions that the poor may be served of corn at convenient and charitable prices.

That there be no buying or bargaining for any kind of corn but in open market, and that the justices in their several divisions restrain common maltsters of making barley-malt in those countries and places where there be oats sufficient to make malt of for the use of the people, and to restrain as well the brewing of barley-malt by or for ale houses or common tipplers in those countries and places, as also the excess use of any kind of malt by all common brewers in all alehouses and common tippling houses wheresoever, and that sufficient bonds be taken of all common brewers, maltsters and common tipplers, according to the true meaning of this article, and that the unnecessary number of alehouses and common tipplers be forthwith suppressed in all places, and that direction be given to all tippling houses, taverns and alehouses not to suffer any persons to repair thither to eat and drink at unseasonable times.

That the justices use all other good means that are not mentioned in these orders that the markets be well served and the poor relieved in their provisions during this time of dearth, and that no expense of any grain meet for bread to feed men be wasted upon feeding of beasts, neither that any be spent in making of a stuff called starch, as of late there hath been discovered great quantity expended in that vain matter being in no sort to be suffered to continue.

That the justices be straightly commanded to see by all good means that the able people be set on work, the houses of correction provided and furnished, and there idle vagabonds to be punished.

That the justices do their best to have convenient stock to be provided in every division or other place, according to the statute for setting the poor awork, and the justices to use all other good and politic means within their several divisions to continue and maintain the poor people in work within the parish, or at the furthest, within the hundred or division.

That the maimed or hurt soldiers and all other impotent persons be carefully seen unto to be relieved within their several parishes, hundreds or divisions, according to the law therefor provided, and that where the provisions formerly made be not sufficient it may be now for this time of dearth increased; and where one parish is not able to give sufficient relief to such their poor, that parish to have the supply of such parishes near adjoining as have fewer poor and are better able to give relief, and that no vagabond or sturdy beggar, or any that may otherwise get their living by their labours, be not suffered to wander abroad under colour of begging in any town or highway, and that the justices do presently give order that there be persons sufficiently weaponed to assist the constables of every town to attach such vagabonds both in their town-side and highways, and to commit them to prison without bail, but as two of the justices of the peace near that division shall order, and if the township shall not observe this order for the attaching and punishment of the said vagabonds, then the justices shall see due punishment by fine upon the whole township, or upon such parties in the town as shall be found in fault.

That the justices of the peace do once every month certify their doings and proceedings by force of these instructions unto the sheriff of the said county, in which certificate they shall also make certificate of such justices as shall be absent from any of these services, and the true cause of their absence, and shall also certify the usual prices of all kinds of grain in their markets for that month past, of all which the same sheriff to certify the Privy Council once in every forty days at the farthest, so as that default in any justice that shall be absent may be duly considered and corrected by authority of his Majesty's council as reason shall require, and so as such persons as are placed as justices for their credit may not continue in those rooms, wherein they shall be found not disposed to attend such a necessary and godly service as this is, but others of better disposition may supply those rooms, if there shall be need of any such number, as in most places is thought not very needful, the number being in common opinion more hurtful than profitable to justice.

And if any shall offend against the true meaning of these instructions, or any part thereof, or shall use any sinister means to the defrauding thereof, that such be severely punished according to the laws, and for such obstinate persons as shall not conform themselves the justices shall at their pleasure bind to appear before the Queen Majesty's Privy Council by a day certain, there to be further dealt with by severe punishment for the better ensample of all others....

8. The Poor Law Act of 1601 [43 and 44 Eliz. c. 2. Statutes of the Realm, Vol. IV, Part II, pp. 962-5], 1601.

Be it enacted by the authority of this present parliament, that the churchwardens of every parish, and four, three or two substantial householders there as shall be thought meet, having respect to the apportion and greatness of the same parish or parishes, to be nominated yearly in Easter week or within one month after Easter, under the hand and seal of two or more justices of the peace in the same county, whereof one to be of the quorum, dwelling in or near the same parish or division where the same parish doth lie, shall be called overseers of the poor of the same parish: and they or the greater part of them shall take order from time to time, by and with the consent of two or more such justices of peace as is aforesaid, for setting to work of the children of all such whose parents shall not by the said churchwardens and overseers or the greater part of them be thought able to keep and maintain their children; and also for setting to work all such persons married or unmarried having no means to maintain them, [or] use no ordinary and daily trade of life to get their living by; and also to raise weekly or otherwise, by taxation of every inhabitant parson, vicar and other, and of every occupier of lands, houses, tithes impropriate or propriations of tythes, coal mines or saleable underwoods, in the said parish, in such competent sum and sums of money as they shall think fit, a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff to set the poor on work, and also competent sums of money for and towards the necessary relief of the lame, impotent, old, blind and such other among them being poor and not able to work, and also for the putting out of such children to be apprentices, to be gathered out of the same parish according to the ability of the same parish; and to do and execute all other things as well for the disposing of the said stock as otherwise concerning the premises as to them shall seem convenient: which said churchwardens and overseers so to be nominated, or such of them as shall not be let by sickness or other just excuse to be allowed by two such justices of peace or more as aforesaid, shall meet together at the least once every month in the church of the said parish, upon the Sunday in the afternoon after Divine Service, there to consider of some good course to be taken and of some meet order to be set down in the premises, and shall within four days after the end of their year and after other overseers nominated as aforesaid, make and yield up to such two justices of peace as is aforesaid a true and perfect account of all sums of money by them received, or rated and assessed and not received, and also of such stock as shall be in their hands or in the hands of any of the poor to work, and of all other things concerning their said office; and such sum or sums of money as shall be in their hands shall pay and deliver over to the said churchwardens and overseers newly nominated and appointed as aforesaid; ...

And be it further enacted that it shall be lawful for the said churchwardens and overseers, or the greater part of them, by the assent of any two justices of the peace aforesaid, to bind any such children as aforesaid to be apprentices, where they shall see convenient, till such man-child shall come to the age of four and twenty years, and such woman-child to the age of one and twenty years, or the time of her marriage; the same to be as effectual to all purposes as if such child were of full age, and by indenture of covenant bound him or herself.

And the said justices of peace or any of them to send to the house of correction or common gaol such as shall not employ themselves to work, being appointed thereunto as aforesaid.

9. A Note of the Grievances of the Parish of Eldersfield [Hist. MSS. Com. Vol. I, pp. 298-299], 1618.

There are divers poor people in the said parish which are a great charge. Giles Cooke, not of our parish, married a widow's daughter within our parish, which widow is poor and lives in a small cottage, which is like to be a charge. Joan Whiple had lived 40 years and upward in the parish with a brother, as a servant to him; and now that she has grown old and weak he has put her off to the parish; she was taken begging within the parish and was sent to Teddington, where she said she was born, but that parish has sent her back again. Elzander Man, born in Forthampton, in the county of Gloucester, married a wife within the parish, who was received by her mother till she had two children; the said wife is now dead, and he is gone into Gloucestershire and has left his children to the keeping of the parish. Thomas Jones, born at Harfield, in the county of Gloucester, married a wife within the parish, and has two children; the said Jones being now gone, the parishioners would know if they might send the woman to her husband, or to the place where she or her husband was born.... Francis Gatfield has gone from the parish, leaving his child and some goods and money; the child is left in charge of the parish and the goods with his brother and sister; the parishioners desire to know whether they may not avoid keeping the child or seize the said goods towards its maintenance.

10. Petition to Justices of Wiltshire for Permission to Settle in a Parish [Hist. MSS. Com., Vol. I, p. 298], 1618.

Petitioner doth give you to understand that he was born in Stockton within this county, and has been bred up in the same parish, and most of my time in service; and have taken great pains for my living all my time since I was able, and of late I fortuned to marry with an honest young woman, and my parishioners not willing that I should bring her in the parish, saying we would breed a charge among them. Then I took a house in Bewdley, and there my wife doth yet dwell and in confines thereabouts, and I send or bring my wife the best relief I am able, and now the parish of Bewdley will not suffer her to dwell there for doubt of further charge. Right worshipful, I most humbly crave your good aid and help in this my distress, or else my poor wife and child are like to perish without the doors. And this, right worshipful, I do humbly crave, that by your good help and order to the parish of Stockton I may have a house there to bring my wife and child unto, that I may help them the best I can.

11. Letter from Privy Council to Justices of Cloth-making Counties[299] [Privy Council Register, Feb. 9th, 1621-2], 1621-2.

We do hereby require you to call before you such clothiers as you shall think fitting, and to deal effectually with them for the employment of such weavers, spinners and other persons as are now out of work, where we may not omit to let you know, that as we have employed our best endeavours in favour of the clothiers both for the vent of their cloth and for moderation in the price of wool (of which we hope they shall speedily find the effects), so may we not endure that the clothiers in that or any other county should at their pleasure, and without giving knowledge thereof unto this Board, dismiss their workfolks, who, being many in number and most of them of the poorer sort, are in such cases likely by their clamours to disturb the quiet and government of those parts wherein they live. And if there shall be found greater numbers of poor people than the clothiers can receive and employ, we think it fit and accordingly require you to take order for putting the statute in execution, whereby there is provision made in that behalf by raising of public stocks for the employment of such in that trade as want work. Wherein if any clothier shall after sufficient warning refuse or neglect to appear before you, or otherwise shall obstinately deny to yield to such overtures in this case as shall be reasonable and just, you shall take good bonds of them for refusing to appear before us, and immediately certify their names unto this Board ...; this being the rule by which both the woolgrower, the clothier and merchant must be governed, that whosoever had a part of the gain in profitable times since his Majesty's happy reign, must now in the decay of trade ... bear a part of the public losses as may best conduce to the good of the public and the maintenance of the general trade.

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[300] [Privy Council Register, Chas. I, Vol. V, f. 263], 1629.

Whereas we by special directions of his Majesty did lately commend unto your care the present state of those parts of your county where the poor clothiers and their workmen at present destitute of work might some other way be employed or for the time be relieved till some obstructions to trade were removed, as also to keep in order those that are loose and ill disposed people; to which end his Majesty, by advice of his Privy Council and the Judges, hath lately published a proclamation declaring his pleasure and command in what manner the truly poor and impotent should be relieved, those of able bodies should be set on work and employed in honest labour, and the sturdy, idle and dangerous rogues and vagabonds should be repressed and punished, which proclamation you shall herewith likewise receive; now, because we understand that in your county there is more than ordinary occasion to use all diligence and industry at this time, we have thought fit to put you more particularly in mind thereof, and in answer of your letters to let you know that it is the resolution of all the judges, that by the law you have sufficient power and ought to raise means out of the several parishes, if they be of ability, or otherwise in their defect, in their several hundreds, lathes or wapentakes, and for want of their ability (to set your poor on work and to relieve the aged and impotent not able to work) in the whole body of the county; wherefore his Majesty commands that the ways provided by law in these cases be duly followed with all diligence and possible speed. You are required to understand the true state of the country from the ministers, churchwardens and overseers of the several parishes within your several divisions. And what rests herein to be done by order at the quarter sessions, the judges advise that for this purpose you may call the quarter sessions sooner then the ordinary set times, and do that which in this case is so requisite.

Further we let you to know, that such hath been his Majesty's care and personal pains taken to remove these impediments that of late have been to trade, and to open a free vent to the commodities of your country, that yourselves will shortly see the fruits of it to your comforts; nevertheless in the meantime these things provided by the law, and the helps that by your care may be added, are in no sort to be neglected, but exactly pursued; of which your proceedings we, are to be advertised that so we may render account thereof to his Majesty.

And so, etc.

13. The Licensing of Badgers in Somersetshire [Somerset Quarter Sessions Records, Vol. 24, p. 120], 1630.

This Court taking notice of the great prices of corn and butter and cheese and all other commodities, it was ordered that from henceforth no badger whatsoever be licensed but in open sessions, and shall first enter into recognizance and be entered by the clerk of the peace into his book of records, and also that all maltsters do the like before any justice do sign and seal his licence.

14. Badgers Licensed at Somersetshire Quarter Sessions [Somerset Quarter Sessions Records, Vol. 24, p. 119], 1630.

To Edith Doddington of Hilbishopps, widow, to be a badger of butter and cheese and to carry the same into the counties of Wilts, Hampshire, Dorset and Devon, and to return again laden with corn, and to sell it again in any fair or market within this county during one whole year now next ensuing; and she is not to travel with above three horses, mares, or geldings at the most part; for performance whereof Mr. Symes is to take her recognizance, granted by John Homer, John Symes, John Harington.

To Thomas Rawlings of Lympsham to buy corn in the counties of Wilts and Somerset to sell the same again in the city of Bristol, Mr. Harington to take the recognizance. Ro. Phelipps, Pa. Godwyn.

To Anthony Banbury of Pitney to buy barley and oats, and the same to convert into malt, and to sell again in any fair, and to travel not with above two horses, geldings or mares at the most. Ro. Phelipps, He. Berkley, Pa. Godwyn, John Harington.

15. The Supplying of Bristol with Grain [Somerset Quarter Sessions Records, Vol. 24, pp. 145-6, No. 33], 1630-1.

Whereas it is entreated on the behalf of the city of Bristol that their purveyors, drivers, and higglers may buy and carry away for the necessary provision of the said city such quantities of corn as may be conveniently spared within the markets of this county, and that they may freely carry through the said county such corn and grain as they shall buy in the counties adjacent: It is therefore thought fit and ordered, that these purveyors, drivers and higglers may buy, drive, and carry in and through the said county such proportions thereof as shall by us the justices of peace in our several divisions be thought convenient to be bought, driven, and carried and no more, so as the said purveyors, drivers and higglers be lawfully licensed so to do; and this our order to stand in force for the space of forty days, that in the mean time a joint conference may be had according to his Majesty's directions in that behalf with some of the magistrates of the said city and of the justices of such adjacent counties as the premises shall concern, and this Bench doth depute Sir Henry Berkeley, Sir John Horner, Kts., Robte Hopton, Esqr., and Sir Ralph Hopton, Knight, or any three or two of them to meet, treat and conclude with them in the said conference.

16. Proceeding against Engrossers and other Offenders [Somerset Quarter Sessions Records, Vol. 24, p. 152, No. 19], 1631.

General Sessions of the Peace held at Ivelchester the 19th, 20th, 21st and 22nd days of April, 7 Charles (1631).

Richard Granger maketh oath against William Hurde of Walton, yeoman, James Hurde of the same, Richard Pinckard of the same, yeoman, for buying corn in ground; against Jacob Hill of Halse, using a trade of clothing not being apprentice, William Rowswell of Wellington for regrating of cheese, Jacob Androwse of Bridgwater and Thomas Prinne of Somerton, partners, for buying corn in ground, John Durston of Wilton for buying and selling within five weeks, George Thome of Stogursey and John Brewer of Combwitch for the same offence, Edmund Galle of Bridgwater for taking extortion, Richard. Barker of Godnye in the parish of Meare for maintaining a cottage that hath not four acres of land.

17. Order of Somersetshire Justices Granting a Settlement to a Labourer [Somerset Quarter Sessions Records, Vol. 24, p. 139, No. 4], 1630-1.

General Sessions of the Peace held at Wells the 11th, 12th, 13th and 14th days of January, 6 Charles.

Lyonell Wills having petitioned this Court, showing that whereas he hath remained in the parish of Tintenhull for the space of five years now last past, three years whereof he served as a labouring servant, and the two last years as a married man, although not with the consent of some of the parish, and during the said two latter years after he became a married man he endeavoured to take a house within the said parish for his money without any charge to the said parish; and some of the said parish hath forbidden him to remain there any longer and threateneth him, and those that would set or let him any house, to impose great pains on them that shall receive him or let him any house, whereby he is inforced to travel from place to place with his wife and children, and thereby doubteth that he shall in the end be taken as a vagrant; which, the Court taking into consideration, have thought fit to order that the said Lionell Wills be settled at Tintenhull, as they conceiveth by law he ought to be, if his petition be true. And that the said parishioners upon sight of this order do there receive him, and suffer him to be and abide, until they shall show good cause to the contrary to this Court. And that they do suffer him to take a house for his money within the said parish, which if they shall refuse to do, or impose any fines or pains upon those that shall set or let any house unto him or shall be willing thereunto, that then upon complaint thereof made unto Sir Robte Phelipps, Knight, or Thomas Lyte, Esqr., or either of them, they finding his petition to be true will be pleased to bind all such parties to the next Sessions as shall refuse thus to receive him or to trouble any that shall let set them a house to dwell in.

18. Report of Derbyshire Justices on their Proceedings [S.P.D., Charles I, Vol. 202, No. 54], 1631.

Wirksworth Wapentake.
To Francis Bradshawe, Esq., High Sheriff of the County of
Derby.
Sir,

In pursuit of the orders and directions given us in command as well by the printed book as also by several letters sent unto us from the right honourable the lords of her Majesty's most honourable Privy Council, we, whose names are hereunder written, having within our allotment the wapentake or hundred of Wirksworth, have had monthly meetings within the said hundred and have summoned both the high constable, petty constables, churchwardens, and overseers of the poor within that division and hundred to appear before us.

1. And first we have made diligent inquiry how all the said officers and others have done their duties in execution of the laws mentioned in the Commission, and what persons have offended against any of them, and punished such as we have found faulty.

2. We have taken care that the lords and parishioners of every town relieve the poor thereof, and they are not suffered to straggle or beg up and down either in their parishes or elsewhere. But such poor as have transgressed have been punished according to law, and the impotent poor there are carefully relieved. We have also taken especial care that both the stewards of leets and ourselves in particular have taken care for the reformation of abuses in bakers, alehousekeepers, breaking of assize, forestallers and regrators, against tradesmen of all sorts for selling with underweight, and have made search in market towns and other places and taken away and burned very many false weights and measures, and taken order for the punishing of the said offenders.

3. We have made special inquiry of such poor children as are fit to be bound apprentices to husbandry and otherwise, and of such as are fit to take apprentices, and therein we have taken such course as by law is required. And we find none refuse to take apprentices, being thereunto required.

4. We do not find upon our inquiry that the statute for labourers and ordering of wages is deluded, and the common fashion of none essoyning of course is restrained.

5. The weekly taxations for relief of the poor in these times of scarcity is raised to higher rates, and we have further observed the course appointed in the fifth article.

6. We have taken order the petty constables within our said division are chosen of the ablest parishioners.

7. Watches in the night and warding by day are appointed in every town for apprehension of rogues and for good order, and we have taken order to punish such as we have found faulty.

8. We have taken care that the high constable doth his duty in presenting to us the defaults of the petty constables for not punishing the rogues and in presenting to us the defaulters.

9. We find none presented to us that live out of service and refuse to work for reasonable wages.

10. We have one House of Correction at Ashborn within our wapentake, which is near the town prison, where such as are committed are kept to work.

11. We have punished several persons for harbouring rogues in their barns and outhouses, and have observed the further directions of the 11th article.

12. We have had care to see that all defects and defaults in the amending of highways be redressed, and the defaulters have been presented to the next quarter sessions and punished.

And as touching their lordships' letters and orders directed concerning corn and enclosures, we do at our monthly meetings take a strict account that the former orders therein taken by us in pursuit thereof be duly observed and put in execution, and particularly none sell such corn (as they are appointed to sell out of the market) but to the poor of the said parish. And neither the petty constable nor any other officer can (as they inform us) present any engrossers of corn, etc., or forestallers of markets.

The prices of corn (considering the times) are not on our markets in our opinion unreasonable, but are as follow, viz., wheat for the strike 5s., four peck making a strike, rye 4s., barley 3s. 4d., malt 5s., peas 4s., oats 2s. 6d.

We have made especial inquiry touching enclosures made within these two years, but find very few within our division, for the most of our wapentake hath been long since enclosed. Howsoever some few hath been presented, which we have commanded to throw down, and have stayed the proceedings of such enclosures as have been lately begun and are not finished.

We have no maltmakers in this wapentake but for their own use.

We have put down a full third part of all the alehouses within this wapentake; yet there are so great a multitude of poor miners within this wapentake that we are enforced to leave more alehousekeepers than otherwise we would.

We have taken order for the binding all cooks, alehousekeepers, victuallers and butchers within this hundred that they neither dress nor suffer to be dressed or eaten any flesh during the time of Lent or other days prohibited, and our recognizances to that purpose do remain with the Clerk of the Peace, to be by him certified according to the statute.

John Fitzherbert.
Chr. Fulwood.

19. Letter from Privy Council to Justices of Rutlandshire[301] [Privy Council Register, Vol. VI, f. 345], 1631.

Whereas we have been made acquainted with a letter written by John Wildbore, a Minister in and about Tinwell within that county, to a friend of his here, wherein after some mention by him made of the present want and misery sustained by the poorer sort in those parts through the dearth of corn and the want of work, he doth advertize in particular some speeches uttered by a shoemaker of Uppingham (whose name we find not) tending to the stirring up of the poor thereabout to a mutiny and insurrection; which information was as followeth, in hÆc verba: "Hearest thou?" saith a shoemaker of Uppingham to a poor man of Liddington, "If thou wilt be secret I will make a motion to thee." "What is your motion?" saith the other. Then said the shoemaker, "The poor men of Okeham have sent to us poor men of Uppingham, and if you poor men of Liddington will join with us, we will rise, and the poor of Okeham say they can have all the armour of the country in their power within half an hour, and in faith (saith he) we will rifle the churls." Upon consideration had thereof, however this Board is not easily credulous of light reports nor apt to take impression from the vain speeches or ejaculations of some mean and contemptible persons; yet because it sorts well with the care and providence of a state to prevent all occasions which ill-affected persons may otherwise lay hold of under pretence and colour of the necessity of the time, we have thought good hereby to will and require you, the Deputy Lieuts. and Justices of peace next adjoining, forthwith to apprehend and take a more particular examination as well of the said shoemaker as of such others as you shall think fit concerning the advertizement aforesaid; and that you take especial care that the arms of that county in and about those parts be safely disposed of; and likewise (which is indeed most considerable and the best means to prevent all disorders in this kind) that you deal effectually in causing the market to be well supplied with corn and the poor to be served at reasonable prices and set on work by those of the richer sort, and by raising of stock to relieve and set them on work according to the laws. All which we recommend to your especial care, and require an account from you of your doings and proceedings herein with all convenient expedition.

And so, etc.

[301] Quoted Leonard, Early History of English Poor Relief, pp. 338-9.