English Economic History: Select Documents

SECTION V

TOWNS AND GILDS

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

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

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

AUTHORITIES

The principal modern writers dealing with the subject of this section are:—Madox, Firma Burgi; Maitland, Township and Burgh; Merewether & Stephens, History of the Boroughs; Ballard, British Borough Charters; Bateson, Borough Customs(Selden Society); Gross, The Gild Merchant; Gross, The Affiliation of Boroughs (Antiquary, XII.); Drinkwater, Merchant Gild of Shrewsbury(Salop ArchÆol. Transactions, N.S. II.); Unwin, The Gilds and Companies of London; Unwin, Industrial Organisation in the sixteenth and seventeenth centuries; Green, Town Life in the Fifteenth Century; Toulmin Smith, English Gilds (Early English Text Society); Davies, History of Southampton; Hibbert, Influence and Development of English Gilds; Hudson, Leet Jurisdiction in the City of Norwich; Leonard, Early History of English Poor Law Relief; Denton, England in the Fifteenth Century.

For contemporary records the student may be referred to the following:—Riley, Memorials of London and London Life; Riley, Liber Albus; Sharpe, Calendars of Letter Books; Stevenson, Records of the Borough of Nottingham; Bateson, Records of the Borough of Leicester; Court Leet of the City of Norwich (Selden Society); Bickley, The Little Red Book of Bristol; Rotuli Cartarum(Record Commission); and the Calendars of Patent, Close and Charter Rolls(Record Office Publications).

1. Payments Made to the Crown by Gilds in the Twelfth Century [Pipe Roll, 26 Henry II], 1179-80.

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

And they are quit.

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

And they are quit.

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

And they are quit.

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

And they are quit.

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

And they are quit.

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

And they owe 1 mark.

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

And it owes 10s.

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

And he is quit.

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

And they owe 20l.

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

And he is quit.

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

And they owe 50s.

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

And he is quit.

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

And it owes 3 marks.

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

And he is quit.

The same sheriff renders account ... of 20s. from Axbridge for a gild without warrant. And of ½ mark from Langport for the same....And he is quit.

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

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

And they are quit.

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

And they are quit.

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

And they are quit.

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

And they are quit.

Amercements of Adulterine Gilds in the City of London.

The gild whereof Goscelin is alderman owes 30 marks.

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

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

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

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

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

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

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

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

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

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

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

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

The gild whereof Robert Rochefolet is alderman owes 1 mark.

The gild whereof Hugh Leo is alderman owes ½ mark.

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

The gild whereof Thedric Feltrarius is alderman owes 2 marks.

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

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

2. Charter of Liberties To the Borough of Tewkesbury [Charter Roll, 11 Edward III, m. 10, No.21], 1314.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[152] temp. William I.—Stephen. Note that the privileges here confirmed date from the first century after the Conquest.

[153] August 1.

[154] November 1.

[155] i.e.. Sureties.

[156] Constables.

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

3. Charter of Liberties To the Borough of Gloucester [Charter Roll,11 Henry III, p.1, m. 10, No. 88], 1227.

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

[158] Plead or bring evidence.

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

[160] Bridge toll.

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

[162] A compulsory annual customary gift.

[163] Compulsory purchase of ale.

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

4. Dispute Touching the Payment of Toll in a Borough [Bracton's Note-Book, II, 121, No. 145], 1222.

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

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

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

[165] 1 John (1200). Rot. Cart. p. 53.

[166] 1 John (1200). Rot. Cart., pp. 5, 56.

[167] See note to No. 8.

5. Dispute With a Lord Touching a Gild Merchant [Curia Regis Rolls, Mich. 8 Henry III, m. 6], 1223-4.

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

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

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

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

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

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

[169] i.e. Trial by battle.

[170] i.e. Trial by jury.

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

6. The Affiliation of Boroughs [Charter Roll,11 Henry III, p. 1, m. 13, No. 117], 1227.

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

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

[173] i.e. General rights of jurisdiction.

7. Bondman Received in a Borough [Bracton's Notebook, III, 243, No. 1228], 1237-8.

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

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

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

8. An Inter-municipal Agreement in Respect of Toll [Charter Roll, 23 Henry III, m. 3], 1239.

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

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

9. Enforcement of Charter Granting Freedom From Toll Throughout the Realm [Chancery Files], 1416.

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

Sotheworth.

[Endorsed.] The answer of John Kerde withinwritten.

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

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

[176] i.e. Tolls for the repair of streets, bridges, and walls.

[177] i.e. A toll on cargoes and on wares entering a market or fair.

10. Licence for an Alien To Be of the Gild Merchant Of London [Charter Roll, 37 Henry III, m. 21], 1252.

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

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

11. Dispute Between the Merchant Gild and the Abbot Of Bury St. Edmunds [B.M. Add. MSS. 17391, ff. 61-65], 1304.

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

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

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

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

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

[179] Tuesday after December 13.

[180] Monday after September 8, 1302.

[181] i.e. To uphold.

12. Complaints of the Men of Leicester Against The Lord [Inquisitions Miscellaneous, 87, No. 46], 1322.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[182] June 11.

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

[184] And 23 others named.

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

13. Grant of Pavage To the Lord of a Town [Patent Roll, 2 Edward III, p. 1, m. 5], 1328.

The King to the venerable father in Christ H. by the same grace bishop of Lincoln, greeting. Know ye that we have granted to you, in aid of paving your town of Newark, that from the day of the making of these presents to the end of three years completed next following you take in the same town, by those whom you shall think fit to depute hereto and for whom you will be answerable, the underwritten customs on things for sale coming to the same town, to wit, on each quarter of corn for sale ¼d., on each horse and mare for sale ½d., on each hide of horse and mare, ox and cow, fresh, salted and tanned, for sale, ¼d., on each cart carrying meat, salted or fresh, for sale, 1½d., on 5 bacons for sale ½d., on each salmon, fresh or salt, for sale, ¼d., on each 100 mackerel for sale ½d., on each lamprey for sale ½d., on 10 sheep, goats or swine for sale 1d., on 10 fleeces for sale ½d., on each 100 woolfells of sheep, goats, stags, hinds, bucks and does for sale 1d., on each 100 fells of lambs, kids, hares, rabbits, foxes, cats and squirrels ½d., on each cart-load of sea-fish for sale 2d., on each horse-load of sea-fish for sale ½d., on each truss of cloths brought by cart 3d., on each horse-load of cloth for sale or other diverse and minute things for sale coming to the same town ½d., on each cart-load of iron for sale 1d., on each 100 of steel for sale ¼d., on each cart-load of tin for sale ½d., on each quarter of woad 2d., on each tun of wine for sale 2d., on each sack of wool for sale 2d., on each horse-load of wool 1d., on each horse-load of apples, pears or nuts for sale ¼d., on each 100 of linen web and canvas for sale ½d., on each 100 of linen for sale ¼d., on each new cart for sale ¼d., on each cart laden with timber for sale ½d., on each 1000 laths 1½d., on each 100 stockfish and Aberdeen fish ½d., on each cart laden with hay or grass for sale ¼d., on each cart carrying rushes for sale 1d., on each cart-load of heath for sale ½d., on each truss of chalons[186] for sale ½d., on each horse-load of glass (verro) ½d., on each horse-load of garlic for sale ½d., on each 1000 herrings for sale ¼d., on each 100 boards for sale 1d., on each cart-load of faggots for sale ¼d., on each quarter of salt for sale ¼d., on each dozen horse-loads of coals for sale ½d., on each cart-load of coals for sale ½d., on each cart-load of brushwood for sale ½d., on each horse-load of brushwood for sale by the week ¼d., on each 1000 nails for house gables (ad cumilum domus) for sale ¼d., on each 100 horse shoes for horses and clout-nails for carts ½d., on 2000 of all manner of nails for sale except nails for carts and house gables ¼d., on each truss of every kind of ware for sale coming to the same town and exceeding the value of 2s., ¼d. And therefore we command you that you take the customs aforesaid until the end of the said three years in the form aforesaid, and that after the term of the said three years be complete the said customs wholly cease and be annulled. In witness whereof, etc., to endure for the aforesaid three years. Witness the King at Northampton, 8 May.

By the King himself.

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

14. Misappropriation of the Tolls Levied for Pavage [Fine Roll, 10 Edward III, m. 22], 1336.

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

15. Ordinances of the White Tawyers of London [Guildhall Letter-Book F, f. 126], 1346.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Also, that no one shall take for working in the said trade more than they were wont heretofore, on the pain aforesaid, that is to say, for the dyker[187] of Scottes stagges, half a mark; the dyker of Yrysshe, half a mark; the dyker of Spanysshe stagges 10s.; for the hundred of gotesfelles, 20s.; the hundred of rolether, 16s.; for the hundred skins of hyndescalves, 8s.; and for the hundred of kiddefelles, 8s.[188]

[187] A package of ten.

[188] Printed in Riley, Memorials, 232.

16. Dispute Between the Master Saddlers of London and Their Journeymen [Guildhall, Letter-Book II, f. 309], 1396.

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

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

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

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

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

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

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

[189] August 15.

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

[191] Printed in Riley, Memorials, 542.

17. Ordinances of the Dyers of Bristol [Patent Roll, 13 Henry IV, p. 2, m. 31], 1407.

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

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

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

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

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

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

[192] From the confirmation of 13 Henry IV. Printed in The Red Book of Bristol, ii. p. 81.

18. Incorporation of the Fraternity of the Haberdashers Of London [Patent Roll, 26 Henry VI, p. 2, m. 23], 1448.

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

19. Indenture of Apprenticeship [Ancient Deeds, A 10022], 1459.

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

[193] May 1.

20. A Runaway Apprentice [Early Chancery Proceedings, File 6, No. 7], c. 1425.

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

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

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

21. Incorporation of a Gild for Religious and Charitable Uses [Patent Roll, 25 Henry VI, p. 2, m. 5], 1447.

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

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

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