Philip Anthony Brown

TAXATION CUSTOMS AND CURRENCY [For feudal taxation see Section II.]

1. Form of the taxation of a fifteenth and tenth, 1336—2. Disposition of a subsidy of tonnage and poundage, 1382—3. The king's prise of wines, 1320—4. The custom on wool, 1275—5. The custom on wine, 1302—6. The custom on general imports, 1303—7. Administration of the search, 1303—8. Provision for the currency and the search, 1335—9. Opinions on the state of English money, 1381-2.

The following documents illustrate in the first place the sources of royal revenue other than (a) the direct rents accruing to the King as a great landlord, (b) the payments due to him as feudal overlord, and (c) the profits of justice and administration, Nos. 1 and 2 representing the ordinary forms of Parliamentary grants, and Nos. 3 to 6 the prerogative right of the Crown to payments for the privilege of commercial intercourse by way of prise or custom; and in the second place the continuous efforts of mediÆval governments to secure a good and easy currency (Nos. 7 to 9), a problem which they failed to solve either by the direct method of forbidding the export and controlling the import of money, or by the indirect method of insisting on the exchange of goods for goods by alien merchants frequenting the realm.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:—Dowell, History of Taxation and Taxes in England; Stubbs, Constitutional History; Hall, Customs Revenue; Shaw, History of Currency; Crump & Hughes, English Currency (Economic Journal, V.).

Contemporary authorities:—Wolowski, TraitÉ de Nicholas Oresme.

1. Form of the Taxation of a Fifteenth and Tenth [Fine Roll, 10 Edward III, m. 13], 1336.

This is the form which the assessors and taxers of the fifteenth, granted to our lord the King in his Parliament holden at Westminster on the Monday next after Sunday in mid-Lent last past, in the tenth year of his reign, by the earls, barons, freemen and the commonalties of all the counties of the realm, and also of the tenth there granted to our said lord the King in all the cities, boroughs and the ancient demesnes of the King, of the same realm, from all their goods which they had on the day of the said grant, ought to observe, and thereby to assess, tax, collect and levy the same fifteenth and tenth in the counties of Northumberland, Cumberland and Westmoreland, to wit, that the chief taxers without delay cause to come before them from each city, borough and other town of the counties, within franchise and without, the more lawful and wealthier men of the same places in such number that therefrom the chief taxers may sufficiently choose four or six of each town, or more if need be, at their discretion, by whom the said taxation and that which pertains thereto to be done may best be done and accomplished; and when they shall have chosen such, then they shall cause them to swear on the Holy Gospels, to wit, those of each town by themselves, that those so sworn will lawfully and fully enquire what goods each man of the same towns had on the said day within house and without, wheresoever they be, without any favour, upon heavy forfeiture, and will lawfully tax all those goods, wheresoever they have come from then till now by sale or otherwise, according to the true value, save the things below excepted in this form, and will cause them to be listed and put on a roll indented quite fully as speedily as they can, and to be delivered to the chief taxers one part under their seals, and retain by themselves the other part under the seals of the chief taxers, and when the chief taxers shall have in such wise received the indentures of those who shall be sworn to tax in cities boroughs and other towns, the same chief taxers shall lawfully and minutely examine such indentures, and if they discover that there is any defect they shall forthwith amend it, so that nothing be concealed, neither for gift nor for reward of a person taxed less than reason requires; and the King wills that the chief taxers go from hundred to hundred and from town to town, where need shall be, to survey and enquire that the subtaxers in the same towns have fully taxed and valued the goods of every man, and if they find anything concealed, amend it forthwith and cause the Treasurer and Barons of the Exchequer to know the names of those who shall have so trespassed, and the manner of their misdeed; and the taxation of the goods of the subtaxers of the towns shall be made by the chief taxers and by other good men whom they choose so to do, so that their goods be well and lawfully taxed in the same manner as those of others. The taxation of the goods of the chief taxers and of their clerks shall be reserved to the Treasurer and Barons of the Exchequer. And the chief taxers, as soon as they shall have received the presentment of the subtaxers shall cause the fifteenth and tenth to be levied to the use of the King without delay and without doing favour to any man, in the form which is enjoined upon them by the commission. And they shall cause to be made two rolls of the said taxation agreeing in all points, and retain the one by them to levy the taxation and have the other at the Exchequer at the feast of St. Peter's Chains next coming, on which day they shall make their first payment. And be it known that in this taxation of the goods of the commonalty of all the counties there shall be excepted armour, mounts, jewels and robes for knights and gentlemen and their wives, and their vessels of gold and silver and brass, and in cities and boroughs shall be excepted a robe for the man and another for his wife and a bed for both, a ring and a buckle of gold or silver, and a girdle of silk, which they use every day, and also a bowl of silver or of mazer from which they drink. And the goods of lepers, where they are governed by a superior who is a leper, shall not be taxed or taken, and if the lepers be governed by a sound master, their goods shall be taxed like those of others. And be it remembered that from people of counties out of cities, boroughs and the king's demesnes whose goods in all exceed not the value of 10s., nothing shall be demanded or levied; and from the goods of people of cities, boroughs and the king's demesnes, which exceed not the value of 6s. in all, nothing shall be demanded or levied.

2. The Disposition of a Subsidy of Tonnage and Poundage [K.R. Customs Accounts, 159, 4], 1382.

This indenture made between Thomas Beaupyne of Bristol and John Polymond of Hampton appointed in Parliament to make order for the safe keeping of the sea by means of the subsidy of 6d. in the pound and 2s. on the tun [of wine] on the coasts of the west, granted in the said Parliament for the same cause, of the one part, and William Bast of the other part, witnesseth that the said William has received from the said Thomas and John 180l. of the said subsidy to find a ship and a barge of 180 men to serve our lord the King on the sea for a quarter of a year, the said quarter beginning on Michaelmas Day next or within fifteen days after, as he shall deem best to be done, by the testimony of the mayor of Dartmouth or the admiral's lieutenant in those parts, taking from the commencement of the said voyage 20s. for each man for the said quarter, together with all the profit that he may seize from enemies in the mean time without impeachment, according to the form ordained and agreed upon in the said Parliament, to be on the sea for the preservation of English shipping according to their power, without making for the land of England unless it be through tempest of the sea or other reasonable cause during the said quarter; for the good and lawful performance of which voyage in the manner abovesaid the said William hereby binds himself, his heirs and executors, and all his goods and chattels, moveable and immoveable, to our said lord the King to perform the said voyage as is abovesaid; and the survey of the number of the said men, according to the form of this indenture, shall be made and witnessed by the admiral in those parts or his lieutenant. In witness whereof to these indentures the parties aforesaid have interchangeably put their seals. Written at Exeter, 24 August in the sixth year of the reign of King Richard the Second after the Conquest.

3. The King's Prise of Wines [Fine Roll, 13 Edward II, m. 3], 1320

The King to his beloved clerk, Roger de Northburgh, keeper of his wardrobe, greeting. Whereas we lately confirmed certain ordinances made of late by the prelates and chiefs of our realm, and commanded the same to be observed in all and singular their articles, and in those ordinances it is contained that all gifts and grants made by us to our loss and to the diminution of our crown after 16 March in the third year of our reign, on which day we made our commission to the aforesaid prelates and chiefs touching the making of the said ordinances, ... be wholly revoked, and afterwards we granted to Stephen de Abindon, our butler, our right prise of wines one tun of wine before the mast and one tun of wine behind the mast, at our will, he paying to the merchants from whom he should receive those wines in our name 20s. for each piece and 20s. to us for each piece in our wardrobe; which grant was made after the said 16 March, and is known to redound to our damage: We, wishing the said ordinances to be duly put into execution in this behalf, command you that you fully charge Stephen, in his account of the things pertaining to his office of butler to be rendered before you, with the wines of our right prise aforesaid for the whole time in which the same Stephen was our butler, notwithstanding our grant aforesaid and our commands afterwards following hereon. Witness the King at Odiham, 23 May[246].

By the council.

[246] The prise of wines was the royal right, limited at least from the time of Edward I., of purchasing 2 tuns of wine from every ship at the rate of 20s. a tun, whatever the market price might be; 60s. a tun was a normal price in the 14th century (see K.R. Accounts, 77. 21). The value of this grant to Stephen is obvious.

4. The Custom on Wool [Fine Roll, 3 Edward I, m. 24], 1275.

For the new custom which is granted by all the great men of the realm and at the prayer of the communities of the merchants of all England, it is provided that in every county in the largest town where there is a port two of the more lawful and able men be elected, who shall have one piece of a seal in keeping, and one man who shall be assigned by that King shall have another piece; and they shall be sworn that they will lawfully receive and answer for the King's money, that is to say, on each sack of wool ½ mark, and on each 300 fells which make a sack ½ mark, and on each last[247] of hides 1 mark, that shall go out of the realm, as well in Ireland and Wales as in England, within the franchise and without. Furthermore in every port whence ships can sail there shall be two good men sworn that they will not suffer wools, fells or hides to leave without letters patent sealed with the seal which shall be at the chief port in the same county; and if there is any man who goes otherwise therewith out of the realm, he shall lose all the chattels which he has and his body shall be at the King's will. And forasmuch as this business cannot be performed immediately, it is provided that the King send his letters to every sheriff throughout all the realm, and cause it to be proclaimed and forbidden through all the counties that any man, upon forfeiture of his body and of all his chattels, cause wools, fells or hides to be taken out of the land before the feast of Trinity this year, and thereafter by letters patent sealed with the seals as is aforesaid, and not otherwise, upon the aforesaid forfeitures. And the King has granted of his grace that all lordships, through the ports whereof wools or hides shall pass, shall have the forfeitures when they are incurred, each in its port, saving to the King ½ mark on each sack of wool and fells, and 1 mark on each last of hides.[248]

[247] 12 dozen.

[248] This and the two following documents fix the normal rates of customs on exported and imported goods for the mediÆval period. The custom on wools, woolfells and hides, came to be known as the great or ancient custom.

5. The Custom on Wine [Charter Roll, 30 Edward I, m. 2], 1302

The King to Archbishops, etc., greeting. Touching the prosperous estate of the merchants of our duchy aforesaid [Aquitaine] a special care weighs upon us, in what wise under our lordship the immunity of tranquillity and full security may be secured to the same merchants for times to come; so, therefore, that their desires may be the more abundantly increased to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the same merchants for us and our heirs for ever in the form that follows:

First, that all merchant vintners of the duchy aforesaid, safely and securely, under our defence and protection, may come into our said realm of England and everywhere within our power with wines and other merchandise whatsoever and that within the same our realm and power, in cities, boroughs and market-towns, they may traffic in gross[249] as well with denizens or inhabitants of the same realm as with aliens, strangers or friends (privatis), and that they may take or carry whither they will, as well within our realm and power aforesaid as also without, their merchandise which they shall happen to bring into the same our realm and power or to buy or otherwise acquire within the same our realm and power, and to do their will therewith, paying the customs which they shall owe, except only wines, which it shall not be lawful for them in any wise to take out of the same our realm and power without our will.

Further, that the said merchant vintners of the said duchy may lodge at their will in the cities and towns aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by the same vintners with any persons, whencesoever they be, touching all manner of merchandise, be valid and stable, so that neither of the merchants may disown that contract or withdraw from the same, after God's penny[250] shall have been given and received between the contractors. And if by chance a dispute arise on such a contract, proof shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we remit and quit to the said merchants of the said duchy that ancient prise of two tuns of wine which we used to take from every ship laden with wines touching within our realm or power, one, to wit, before the mast, and the other behind, promising further and granting to the same merchants for us and our heirs for ever that we will in no wise hereafter against the will of the same merchants make or suffer to be made the aforesaid prise or any other of wines or other their wares by us or another or others for any necessity or chance, without payment to be made forthwith according to the price at which the said merchants will sell wines and other wares to others, or other satisfaction wherewith they shall count themselves content, so that a valuation or estimation be not put upon their wines or other wares by us or our ministers.

Further, that on each tun of wine gauged, as the seller of the wine shall be bound to supply that which it lacks from the gauge, so he shall be satisfied by the buyer of that which is over the gauge according to the price at which the tun of wine shall be sold.

Further, that as soon as ships with new wines touch within our realm and power, old wines, wheresoever they be found in towns or other places to which the said ships shall come, shall be viewed and proved, if they be whole and also uncorrupt, and of those who shall view the said wines, one moiety shall be of merchant vintners of the duchy aforesaid, and the other of good men of the town where this shall be done, and they shall be sworn to do the premises faithfully and without fraud, and they shall do the accustomed justice with corrupt wines.

Further, whereas it was of old time accustomed and used that the buyer and seller should pay 1d. for each tun for gauge, each of them, to wit, ½d., let it be so done hereafter and observed for a custom.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns, do speedy justice to the vintners aforesaid who complain before them of wrongs, molestations done to them, debts and any other pleas, from day to day without delay according to the Law Merchant, and if by chance default be found in any of the bailiffs or ministers aforesaid, whereby the same vintners or any of them shall sustain the inconveniences of delay, although the vintner recover his damages against the party in principal, nevertheless the bailiff or other minister shall be punished by us as his guilt demands, and that punishment we grant by favour to the merchant vintners aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the case of a crime for which the penalty of death is inflicted, where a merchant vintner of the duchy aforesaid shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs where there shall be a sufficient number of merchant vintners of the duchy aforesaid, and inquest should be made, one moiety of the inquest shall be of such merchant vintners of the duchy aforesaid, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if it shall happen that a sufficient number of merchant vintners of the duchy aforesaid be not found, there shall be put on the inquest those who shall be found there sufficient of themselves, and the residue shall be of other good and sufficient men of the places in which that plea shall be.

Further, that no other exaction or charge of prest shall be in any wise put upon the wines of the said merchants.

Further, we have deemed fit to ordain, and we will that ordinance for us and our heirs for ever to be straitly observed, that for any liberty soever which we or our heirs shall grant hereafter, the aforesaid merchant vintners shall not lose the above written liberties or any of them; willing that those liberties extend only to the said merchant vintners of our duchy aforesaid. But for the abovesaid liberties and free customs the merchant vintners aforesaid have granted to us that on each tun of wine which they shall bring or cause to be brought within our realm or power, and whereon they shall be bound to pay freight to mariners, they shall pay by name of custom to us and our heirs, beyond the ancient customs due and paid in money whether to us or to others, 2s. within forty days after the same wines be put ashore out of the ships. And we will that the aforesaid merchant vintners, in respect of wines whereon they shall have paid to us the aforesaid custom of 2s. in one place of our realm or elsewhere within our power, shall be entirely free and quit of payment of the aforesaid custom of 2s. in all other places of our said realm and power; provided that for other merchandise whatsoever which they shall happen to employ within our realm and power they be held to pay to us the same customs which the rest of the merchants shall pay to us for such merchandise. These witnesses:—the venerable father, W. bishop of Coventry and Lichfield, John de Warenna, earl of Surrey, Roger le Bygod, earl of Norfolk and marshal of England, John de Britannia, Hugh le Despenser, William de Brewosa, Walter de Bello Campo, steward of our household, Roger le Brabazon, John de Merk and others. Given by the King's hand at Westminster, 13 August.

[249] i.e. Wholesale.

6. The Custom on General Imports [Charter Roll, 2 Edward III, m. 11, No. 37], 1303.[251]

Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful, greeting. Touching the good estate of all merchants of the underwritten realms, lands and provinces, to wit, Almain, France, Spain, Portugal, Navarre, Lombardy, Tuscany, Provence, Catalonia, our duchy of Aquitaine, Toulouse, Quercy, Flanders, Brabant, and all other foreign lands and places, by whatsoever name they be known, coming to our realm of England and staying there, an especial anxiety weighs upon us, in what wise under our lordship a means of tranquillity and full security may be devised for the same merchants for times to come: in order therefore that their desires may be rendered apter to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the said merchants for us and our heirs for ever as follows: First, to wit, that all merchants of the said realms and lands, safely and securely, under our defence and protection, may come into our said realm of England and everywhere else within our power with their merchandise whatsoever free and quit of murage, pontage and pavage,[252] and that within the same our realm and power in cities, boroughs and market-towns they may traffic in gross only[253] as well with denizens or inhabitants of the same our realm and power aforesaid as with aliens, strangers or friends (privatis), so nevertheless that the wares which are commonly called mercery and spices may be sold at retail as before was wont to be done, and that all the aforesaid merchants may cause their merchandise, which they chance to bring to our aforesaid realm and power or to buy or otherwise acquire within the same our realm and power, to be taken or carried whither they will as well within our realm and power aforesaid as without, except to lands of manifest and notorious enemies of our realm, paying the customs which they shall owe, wines only excepted, which it shall not be lawful for them in any wise to take away from the same our realm or power after they shall have been brought within the same our realm or power, without our will and special license.

Further, that the aforesaid merchants may lodge at their will in the cities, boroughs and town aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.

Further, that every contract entered upon by those merchants with any persons soever, whencesoever they be, touching any sort of merchandise, shall be valid and stable, so that neither of the merchants can withdraw or retire from that contract after God's penny shall have been given and received between the principal contracting persons; and if by chance a dispute arise on such a contract, proof or inquisition shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.

Further, we promise to the aforesaid merchants for us and our heirs for ever, granting that we will in no wise make or suffer to be made henceforth any prise or arrest or delay on account of prise of their wares, merchandise or other goods by us or another or others for any necessity or case against the will of the same merchants, save upon immediate payment of the price for which the merchants can sell such wares to others, or upon satisfaction otherwise made to them, so that they hold themselves contented; and that no valuation or estimation be set by us or our ministers on their wares, merchandise or goods.

Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns do speedy justice to the merchants aforesaid who complain before them from day to day without delay according to the Law Merchant touching all and singular plaints which can be determined by the same law; and if by chance default be found in any of the bailiffs or ministers aforesaid whereby the same merchants or any of them shall sustain the inconveniences of delay, although the merchant recover his damages in principal against the party, nevertheless the bailiff or other minister shall be punished in respect of us as the guilt demands, and that punishment we have granted by way of favour to the merchants aforesaid to hasten justice for them.

Further, that in all sorts of pleas, saving the ease of crime for which the penalty of death shall be inflicted, where a merchant shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs, where there shall be a sufficient number of merchants of the aforesaid lands, and inquest should be made, one moiety of the inquest shall be of the same merchants, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if a sufficient number of merchants of the said lands be not found, there shall be put on the inquest those who shall be found there fit, and the residue shall be of other men good and fit of the places in which that plea shall be.

Further, we will, ordain and decree that in each markettown and fair of our realm aforesaid and elsewhere within our power our weight be set in a certain place, and before weighing the scales shall be seen to be empty in the presence of buyer and seller, and that the arms be level, and that then the weigher weigh level, and when he have put the scales on a level, forthwith move his hands away, so that it remain level; and that throughout our whole realm and power there be one weight and one measure, and that they be marked with the mark of our standard, and that each man may have scales of a quarter and less, where it shall not be against the lord of the place or a liberty granted by us or our ancestors, or against the custom of towns or fairs hitherto observed.

Further, we will and grant that a certain loyal and discreet man resident in London be assigned as justice for the said merchants, before whom they may specially plead and speedily recover their debts, if the sheriffs and mayors do not full and speedy justice for them from day to day, and that a commission be made thereon granted out of the present charter to the merchants aforesaid, to wit, of the things which shall be tried between merchants and merchants according to the Law Merchant.

Further, we ordain and decree, and for us and our heirs for ever we will that that ordinance and decree be straitly observed, that for each liberty which we or our heirs shall hereafter grant, the aforesaid merchants shall not lose the above written liberties or any of them. But for the obtaining of the aforesaid liberties and free customs and the remission of our prises to them, the said merchants, all and singular, for them and all others of their parts, have granted to us with one heart and mind that on each tun of wine which they shall bring or cause to be brought within our realm or power, whereon they shall be bound to pay freight to the mariners, they shall pay to us and our heirs by name of custom 2s. beyond the ancient customs due and accustomed to be paid in money to us or others within forty days after the said wines be put ashore out of the ships; further, on each sack of wool which the said merchants or others in their name shall buy and take or cause to be bought and taken from our realm, they shall pay 40d. of increment beyond the ancient custom of half a mark which had before been paid; and for a last of hides to be carried out of our realm and power half a mark above that which before was paid of ancient custom; and likewise on 300 woolfells to be taken out of our realm and power 40d. beyond the xed sum which had before been given of ancient custom; further, 2s. on each scarlet and cloth dyed in grain; further, 18d. on each cloth wherein part of the grain is intermixed; further, 12d. on each other cloth without grain; further, 12d. on each quintal of wax.

And whereas some of the aforesaid merchants deal in other merchandise as avoir-du-pois and other fine goods, such as cloths of Tars, silk, cendals and other diverse wares, and horses also and other animals, corn and other goods and merchandise which cannot easily be put at a fixed custom, the same merchants have granted to give us and our heirs on each pound of silver of the estimation or value of such goods and merchandise, by what name soever they be known, 3d. in the pound at the entry of those goods and merchandise into our realm and power aforesaid within fifteen days after such goods and merchandise shall have been brought into our realm and power and there unladen or sold; and likewise 3d. on each pound of silver at the export of any such goods and merchandise bought in our realm and power aforesaid, beyond the ancient customs before given to us or others; and touching the value and estimation of such goods and merchandise whereon 3d. on each pound of silver, as is aforesaid, are to be paid, credit shall be given to them by the letters which they shall show from their lords or fellows, and if they have no letters, it shall stand in this behalf by the oaths of the merchants, if they be present, or of their yeomen in the absence of the same merchants. It shall be lawful, moreover, for the fellows of the fellowship of the merchants aforesaid to sell wools within our realm and power aforesaid to other their fellows, and likewise to buy from the same without payment of custom, so, nevertheless, that the said wools come not to such hands that we be defrauded of the custom due to us.

And furthermore it is to be known that after the said merchants shall have once paid in the form aforesaid in one place within our realm and power the custom above granted to us for their merchandise, and have their warrant thereof, they shall be free and quit in all other places within our realm and power aforesaid of payment of such custom for the same merchandise or wares by the same warrant, whether such merchandise remain within our realm and power or be carried without, except wines which shall in no wise be taken out of our realm and power aforesaid without our will and license, as is aforesaid. And we will, and for us and our heirs we grant that no exaction, prise or prest or any other charge be in any wise imposed on the persons of the merchants aforesaid, their merchandise or goods, against the form expressed and granted above. These witnesses:—the venerable fathers, Robert, archbishop of Canterbury, primate of all England, Walter, bishop of Coventry and Lichfield, Henry de Lacy, earl of Lincoln, Humphrey de Bohun, earl of Hereford and Essex and constable of England, Aymer de Valencia, Geoffrey de Geynvill, Hugh le Despenser, Walter de Bello Campo, steward of our household, Robert de Bures and others. Given by our hand at Windsor, 1 February in the 31st year of our reign.

7. Administration of the Search for Money Exported [Chancery Miscellanea, 60, 5, 153], 1303.

To the most excellent lord, the lord prince Edward, by the grace of God King of England, Lord of Ireland, Duke of Aquitaine, his humble and devoted mayor and bailiffs of the town of Southampton, obedience, reverence and honour. We have received your command in these words:

Edward, by the grace of God, King of England, Lord of Ireland and Duke of Aquitaine, to his mayor and bailiffs of Southampton, greeting. Because we have learnt by an inquisition which we lately caused to be made by our beloved and trusty Robert de Glamorgan and John de la Lee, that Pelegrin de Castello, our merchant of Bayonne, wished to take the 24l.—which you, believing that he wished to carry the same to parts beyond the sea against our prohibition that no man should carry any money or silver in bullion out of our realm, arrested on that account in a ship in our port of Southampton,—to the parts of Devon and Cornwall to buy there lead and tin and other merchandise, and not to parts beyond the sea against the prohibition aforesaid, as you charged against him: We command you, as we have before commanded, that, if the aforesaid 24l. have been arrested for the cause aforesaid and no other, then you cause the same to be delivered without delay to the aforesaid Pelegrin, or that you signify to us the cause wherefor you have refused or were unable to execute our command before directed to you thereon.

Wherefore we signify to you that the searchers of the town of Southampton aforesaid, by your writ of the wardrobe sealed with your privy seal directed to the said searchers on 7 January commanding the said 24l. to be brought to Odiham and delivered there into your said wardrobe [paid and delivered the same], of which payment and delivery of the said 24l. so made the aforesaid searchers have a due acquittance of receipt. And by the tenour of these presents we signify that for no other cause were the aforesaid 24l. arrested, save only in the form aforesaid. In witness whereof we transmit to you these our letters sealed with our seal. Given at Southampton, 9 March.

Wherefore the same Pelegrin sues for a writ of the lord the King to be directed to the keeper of the wardrobe of the lord the King, for satisfaction to be made to him according to the form of the return of the writ.

8. Provisions for the Currency [Fine Roll, 9 Edward III. m. 10], 1335.

The King to the sheriff of York, greeting. Forasmuch as we have heard that many folk beyond the sea strive to counterfeit our good money, the sterling of England, with worse money, and to send this bad money into our realm, to the deception of us and the damage and oppression of our people if a remedy be not set thereto; we, willing to prevent such damages and oppressions, and to provide a suitable remedy hereon and that our said good money may be multiplied within our realm and the lands of our power, to the profit of us and our subjects, by assent of the prelates, earls and barons of our said realm assembled in our Parliament holden at York on the morrow of the Ascension last past, have ordained and established the things that ensue in the manner underwritten:—

First, it is provided that no man of religion or other henceforth carry the sterling out of the realm of England, nor silver in plate, nor vessels of gold or silver, on pain of forfeiture of the money, plate or vessel that he shall carry, without special licence from us.

Further, that no false money nor counterfeit sterling be brought into the realm or elsewhere in our power, on pain of forfeiture of the money; so always that all folk of what realms or power soever they be, may safely bring to the exchanges for bullion and not elsewhere silver in plate, vessels of silver and all manner of moneys of silver, of what value soever they be, save false money and counterfeit sterling, and there receive good and suitable exchange.

And that no sterling halfpenny or farthing be molten to make a vessel or other thing by goldsmiths or others on pain of forfeiture of the money so molten, and that the goldsmith or other who shall have so molten it, be put in prison and there stay until he shall have rendered to us the moiety of that which he shall have so molten, notwithstanding charter or franchise granted or used to the contrary.

And that all manner of black money now commonly current in our realm and power be utterly excluded, so that none be current after the month next after proclamation be made, on pain of forfeiture of the same money.

And that every man who will sue for us against such as shall commit fraud against this ordinance be admitted hereto and have the fourth penny of that which shall be so deraigned at his suit to our profit.

And that the mayor or bailiffs in every port where merchants and ships are take oath of the merchants and masters of ships going and returning that they will commit no fraud against this ordinance in any point.

And that there be a table of exchange at Dover and elsewhere where and when it shall seem good to us and our council to make exchanges. And that the wardens of the said tables make exchanges by testimony of the controllers whom we will appoint there.

And that no pilgrim pass out of our realm to the parts beyond the sea except at Dover, on pain of imprisonment for a year. And that good ward and strict be made in all places on the seacoast in ports and elsewhere where there is any manner of landing, by good and lawful men sworn, who in our name shall cause diligent search to be made that none, of what condition or estate soever he be, take sterling money, silver in plate, or vessel of gold or silver out of our realm without our licence, nor bring into the said realm or power false money or counterfeit sterling, as is aforesaid, on the pains and forfeitures aforesaid. And the money, vessel or plate so forfeited shall be delivered at our exchanges by indenture, whereof the one part remaining with the searchers shall be delivered at the Exchequer, and by the same indentures the warden of the exchanges shall be charged with that which he shall have received.

And that the searchers have of our gift for all their work the fourth penny of as much as they find so forfeited. And if the searchers make release or show favour to any and be attainted hereof they shall be liable to forfeiture of as much as they shall have in goods; and that the hostlers in every port where there is passage shall be sworn to make search upon their guests in like manner as the searchers shall do, and shall have the fourth penny of that which they find forfeit to us, as the said searchers shall have. And it is our intention that the said searchers have power to search the hostels and to inform themselves of the doings of hostlers; and that the hostlers, in case they be found deceitful against the said articles, shall be punished and incur the forfeiture aforesaid.

Wherefore we command you, straitly enjoining, that forthwith upon sight of these letters you cause all the articles and points aforesaid to be cried and published in cities and boroughs, market towns, ports and all other places within your bailiwick, as well within franchise as without, where you shall see fit so to do; and that in all other places within your bailiwick where need shall be, except the places where such wardens and searchers shall be deputed by us, you cause such searchers and wardens to be established and sworn to keep and observe this our ordinance in the form aforesaid, on the pains contained in this form; and that you certify the Treasurer and Barons of our Exchequer without delay of the names of those who shall be hereafter assigned by you as searchers and wardens. Given under our great seal at York, 6th June in the 9th year of our reign.

In like manner command is given to the several sheriffs throughout England....

The oath of the searchers.—You shall swear that you will well and lawfully make search of all the things contained in your commission whereof search ought to be made according to the commission, and that you will lawfully perform all the other things contained in the same, and that you will lawfully charge yourself with that which you shall find forfeited to the King and will make a lawful indenture thereof and render a lawful account, and that you will spare none for love or for favour, to have private gain, whereby the King may be a loser. So help you God and his saints.

9. Opinions of Officers of the Mint on the State of English Money [Rot. Parl., III., 126-7], 1381-2.

To our lord the King and to all the lords and commons of his realm, make known, as they have often done before these times without being heard, the officers over the moneys of the Tower of London, how for lack of good ordinance no gold or silver comes into England, but of that which is in England a great part has been and from day to day is carried out of the land, and that which remains in England by fault of the deceit of clippers and otherwise is become right feeble, and from day to day such damage increases. Wherefore please it you to take good counsel and remedy hereon, otherwise we, the said officers, warn you, and before God and before you we will be excused, that if you do not apply a speedy remedy thereto in short time to come, where you think to have 5s. you will not have 4s.

Richard Leicester.—First, as to this that no gold or silver comes into England, but that which is in England is carried beyond the sea, I maintain that it is because the land spends too much in merchandise, as in grocery, mercery and peltry, or wines, red, white and sweet, and also in exchanges made to the Court of Rome in divers ways. Wherefore the remedy seems to me to be that each merchant bringing merchandise into England take out of the commodities of the land as much as his merchandise aforesaid shall amount to; and that none carry gold or silver beyond the sea, as it is ordained by statute. And let a good ordinance be made hereof, as well by search as otherwise. And so meseems that the money that is in England will remain, and great quantity of money and bullion will come from the parts beyond the sea.

As to this, that the gold is right feeble because of clipping, there seems to me no other remedy than that gold be generally weighed by those who shall take it; and hereon let proclamation be made, and this will be a smaller loss than to change the money, as may be more fully declared.

As to this, that there is a great lack of halfpence and farthings, the Master is bound by his indenture to make halfpence according to the quantity of his work of silver. Let the Warden of the Mint be charged to survey that the Master of the Mint do in all points that which appertains to his office.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed. And to change the money in any manner seems to me universal damage to the lords, commons and all the realm, as may be more fully declared.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of moneys, as well of Flanders, Scotland and all other countries beyond the sea whatsoever, be forbidden from having any currency in England, and that none take them in payment except to bring them for bullion to the coinage of our lord the King.

Further, it will be altogether for the better and a very great profit to all the commons, that of the gold money now current, which is so clipped and otherwise impaired, that of this money, when it shall come to the Tower and to the coinage, henceforth our lord the King take for his seigneurage, and the Master for the work for him and his other officers, nothing more than 10d. in the pound.

Further there will be an increase of the money and profit to the whole realm if of all other bullion the King take only 12d. for his seigneurage and the Master of the Mint 12d. for his work.

Lincoln, Goldsmith.—To the noble lords of the Council of our lord the King, touching the charge which you have given me, please you to take note of this answer.

Touching the first article, that gold and silver is taken out of the realm, the first remedy against this is that no clerk or purveyor be suffered to take any silver or gold or to make any exchange to be taken to the Court of Rome, and no merchant be suffered to pay any money but only merchandise for merchandise; and also that the money of the Noble, at the same weight that it now is, be put at a greater value.

And touching the second article, the remedy is that all the money be of one weight, so that the money that is not of the weight ordained be bought according to the value.

And touching the third article, the remedy is that halfpence and farthings be made in great plenty.

And touching the fourth article, the remedy is that there be one weight and one measure throughout the realm and that no subtle weight be suffered.

And touching the fifth article, the remedy is contained above in the first article.

Richard Aylesbury.—As to this, that no gold or silver comes into England, but that which is in England is carried beyond the sea, we maintain that if the merchandise which goes out of England be well and rightly governed, the money that is in England will remain and great plenty of money will come from beyond the sea, that is to say, let not more strange merchandise come within the realm than to the value of the denizen merchandise which passes out of the realm.

Further he says that it were good if the Pope's Collector were English and the Pope's money were sent to him in merchandise and not in money, and that the passages of pilgrims and clerks be utterly forbidden, upon pain, etc.

And as to this, that the gold is too feeble because of clipping, there seems to us no other remedy than that the gold be generally weighed by those who shall take it, and hereon let proclamation be made.

As to this, that the gold agrees not with the silver, it cannot be amended unless the money be changed, and to this we dare not assent for the common damage that might befall.

As to this, that new money is made in Flanders and in Scotland, let proclamation be made that all manner of money of Scotland be forbidden. Let other moneys also that come from beyond the sea have no currency in England, and let none take them in payment except at the value to bring for bullion and to the coinage of our lord the King. And let none take gold or silver out of the realm beyond the sea, as it is ordained by Statute, and hereof let good ordinance be made as well by search as otherwise.

And further he says, if it please by way of information, that [it would be well] if the pound of gold that is now made in the Tower to the sum of 45 nobles (which pound, because the money thereof is so clipped and otherwise impaired, is worth at present, taking one with another, 41½ nobles), were made into 48 nobles, the noble to be current at the present value; and let the King and the Master and other officers of the Mint take 20d. in each pound for the seigneurage and work and every other thing.