APPENDIX V.

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Part of a draft of orders for remedying the scarcity of corn in 1586 (Lansdowne MSS. Brit. Mus., No. 48, f. 128).

The following draft is found among the Burleigh papers. It is written on four folio sheets on both sides, for the most part in an official hand, but throughout it is corrected in Burleigh's own hand, and the last portion is written entirely by him.

The orders here contained must have been substantially the same as those issued and printed by order of the Privy Council on Jan. 4, 1586/7 since a series of reports dated in 1587 answer these instructions point by point[737]. Most of these regulations were suggested by the three judges, Popham, Mildmay and Manwood, to whom the matter had been referred. Their report was considered and annotated by Burleigh, and the following draft seems to have been based on their conclusions[738].

Already several times during the reigns of Edward and Elizabeth similar sets of orders had been issued in order to prevent a bread famine in years of high-priced corn. Earlier in this year of 1586 commands had already been sent, and reports had been received from the justices. These orders however were more carefully considered and detailed than any previous commands.

Orders of this kind continued to be issued throughout the reigns of Elizabeth, James I. and Charles I., but these of January 1586/7 were thought to have the best effect and were reprinted and reissued in 1594[739]. They thus seem to be the original form of the scarcity Book of Orders which apparently afterwards suggested the Book of Orders for the relief of the Poor of Jan. 1630/1.

A few of the later clauses only of this draft relate directly to the relief of the poor, and the general character of the instructions given in these contrast strongly with the detailed directions dealing with the supply of grain. This bears out the contention that at this time the direct relief of the poor was only subsidiary to the indirect relief afforded to the poorer classes by these measures for the supply of corn: it also indicates that the interference of the Privy Council in the direct relief of the poor was suggested by the distress and disorder of these years of high-priced grain, and was begun at least as early as 1587, as one of the methods which were adopted to relieve that distress.

Lansdowne MSS. 48, f. 128, No. 54, 27 Decembris 1586.

Orders devised by ye speciall comma(n)ddment of ye Qu. Maty for ye releiff and ease of ye present derth of gray(ne) whin ye realme[740].

That the Sheriffe and Justices of the peace by spedy warni(n)g of ye shyrriff shall ymediatlie vppon the receipte of these orders[741] assemble themselues togeather, wth as much speede as they possible maye, and havinge conferred amongest them selves vppon the contents hereof, shall first for the better execucon of the same devide them selves into sondry companies and take amongest them into ther chardg by seu(er)all divisions all the hundreds, rapes or wapentaks of the said countie.

Itm eu(er)y Companie so allotted out shall forthwth direct their preceptes vnto the said Sheriff to warne the high cunstables vnder cunstables and others the most honest and substa(n)ciall inhabitants wthin the same hundred, rape or wapentake to the number of xxxvi persons, moe or fewer as the quantetie of the hundred rape or wapentake shall require, to appere before them, at a certayn place and wthin as shorte a tyme after the receipte hereof as they convenientlie may, and vppon the apparance of the said persons, they shall divide them into so many Juries as they shall thinke meete, gevinge instruccon to the said Sheriffe to retorne as fewe of such as be known great firmers for corn or haue store of grayne to sell as he can; and such of the same perso(n)s so warned as shall not appeare, but make default beinge somoned, and not havinge any just or reasonable excuse allowable by ye justices, to be punished therefore at the good discrecons of the justices both by i(m)priso(n)m(e)nt and fyne before whom they are to appere.

Itm. they shall first declare ye cause why they ar sent for and therwh ernestly chardg them in the feare of God to apply themselves to the s(er)vice wherevnto they shall be now called wh all dutyfullnes and dilige(n)ce and whout any parciallyte to any person and the(n) they shall gyve them the oth followy(n)g:—


The Juries Oth.

You shall sweare &c. that you shall enquire and make trewe and dewe search and triall what nomber of persons eu(er)ye housholder that hath corne in thir barns, stacks or otherwher aswell Justices of the peace as others what so ever wthin the parish of have in their houses, (fedyng and lye(in)g and vprisyng?); what nomber of acres they haue certenly to be sowen this yere wth any mann(er) of grayne; what bargaynes they haue made wth any person for any kynde of grayne to be sold by or to them; to whome and by whome and vppon what prices they haue made the same and what quantetie of any mann(er) of grayne they or any other haue in their barnes, garners, lofts, cellers or flowers or otherwise to be deliu(er)ed vnto them uppon any bargayne.

Itm what nomber of badgers, kidders, broggers[742] or cariers of corne doe inhabite wthin the said parishe and whither they doe vse to carrie their corne they buy and wher they do vsually buy the same and what their names be and how long they have vsed that trade, and by whose lycense, and to se the same lycenses of what tenor they ar of.

Itm what nomber of malte makers, bakers, comen brewers or tiplers[743] dwell wthin the said parish and whoe they are by name and how long they have vsed yt trade and how much they bake or brew in ye weke and what other trade they have wherby otherwise to lyve.

Itm. whoe wthin the same parishe be the greate buyers of corne or do (usually?) buye or have bought any corne or grayne to sell agayne or haue sold it agayne sence Midsomer last.

Itm whoe wthin the same parishe buyeth or haue bought or sold any corne vppon the ground, of whome and to whome hath the same bene bought or sold and at what pryces, and to c(er)tefie vnto vs of the premisses & of eu(er)ye parte thereof on the daye of nowe next comynge, and to every part of these articles you shall bryng answer fro(m) poy(n)t to poynt[744]....

That the said Justices of the peace, havinge receaved into their hands the verdicts of the said Juries on every and to every poynt of ther chardg, shall call at c(er)ten dayes by them to be assigned such persons before them of eu(er)ye parish as vppon the presentment so made shall appere to haue corne to spare, and vppon dew consideracon of the nomber of persons wch ech hath in his howse accordy(n)g to ther qualites, and of the quantetie of grayne the partie hath toward the fyndinge of the same or otherwise to be spent in his howse and sowinge of his groundes, allowinge to eu(er)y housholder for his expenses in his house for eu(er)ye person thereof accordy(n)g to ther qualite sufficient corne for bread and drinke betwyne this and the next harvest and for their seed after the rate of the sowinge of that contrie vppon an acre. And tha(t) they shall bynd all such as shall appere to haue more of any kynde of grayne then shall serve to the vses above menconed aswell Justices of the peace as others by recognizance in some good reasonable somes of mony to observe the orders ensueinge viz.

The forme of the recognizance to be frely taken.

Ye doe knowledge yor self to owe vnto or Sou(er)aigne Ladie the Queenes Maties &c. the some of &c. The condicon thereof shalbe, that yf ye shall well and trewlie wthout fraude, covyn[745] or collusyon, and wthout any mean deceipte or crafte, fullfill, observe and keepe all and eu(er)ye such orders, appoynctments and direccons as shall at this pre(se)nte be by vs on her Mat's behalf prescribed and enioyned vnto you, to be by you donne and fulfilled Then this recognizance to be voyd or els to stand in force.

The orders to be by you observed be these viz.

You shall bringe or cause to be brought weekelye so many quarters or bushells of corne as wheate, rye, barlie, malte, pease, beanes, or other grayne, or so much thereof as shall not be directly sold to the pore artificers or daye laborers of the parishe wthin wch you dwell by order of the Justice of the peace of the division wthin wch you do dwell or of two of them, to the market of there to be by you or at yor assignement sold vnto the Queenes subiects in open markett by half quarters, two bushells, one bushell or lesse as the buyer shall require of you and not in greater quantetie, excepte it be to a Badger or carier of corne admitted accordinge to the statut, or to a comon knowen bruer or baker, havinge testimonye vnder the hand and seale of some twoo justices of the peace at ye lest of the division or of a mayor or other hed officer of the Cittie, Towne or Borrough corporat where he dwelleth that he is a co(mm)en Brewer or Baker wthin the same, or to such other person as shall make provision for any Lord sp(irit)uall or temporall, knighte or other gentleman yt hath no provisio(n) of corn of ther own so as ye former person hav & show vnto such person as shall haue the over sighte of the markett in that behalf testymonye vnder the hand and Seale of the partie for whome he cometh to ye market to make that provision declaringe that it is for the provision of his howse and conteyninge the quantetie & kynd of grayne to be provided: and you shall not willinglie leave any parte of yor corne, so brought to that market, vnsold yf money be offered to you fo(r) th(e) same by any that are permitted to buy the same after the vsuall price of the markett there that daye, nether shall you fro(m) ye begy(n)ning of ye markett to ye full end therof kepe or cause to be kept any part of your sayd corn out of ye oppen sight of ye markett[746]....

Ye shall buye noe corne to sell it agayne.

Ye shall neyther buy nor sell any mann(er) of corne but in the open market, vnlesse the same be to pore handiecraftesmen or dayelaborers wthin the parish where you doe dwell yt can not conveniently come to ye markett towns by reaso(n) of dista(n)ce of place, accordinge to such direccon as shalbe geven vnto you in that behalf by the Justices of the peace of that division wthin wch you doe dwell or two of them, and to none of these above one bushell at a tyme.

That the Justices of the peace wthin their seu(er)all divisions haue speciall regard that engrossers of corne be carefully seene vnto and severely punished accordinge to the lawe, and wher such are found, to make certificate thereof and of the proves to the Q. Maty's Attorney gen(er)all for the tyme beinge whoe is directed spedeli to informe against them for the same and to se also that none be permitted to buy any corne to sell agayne but by speciall license.

That they take order wth the comen bakers[747] for the bakinge of Rye, barlie, pease and beanes for the vse of the pore, and that they appoyncte speciall and fytt persons diligentlie to see their people well dealt wthall by the co(mm)en bakers and Brewers in all Townes and places in their weight and ass(ize) and effectually to enquire for and search out the default therein, and there-vppon to geve order for punishment of the offendors severely accordinge to the lawe, and wher any notable offe(n)ce shall be in the bakers to cause ye bread to be sold to ye porar sort vnder ye ordynary pryces in part of punishment of ye baker.

That noe Badgers of corne, bakers or Brewers doe buy any grayne or couinne[748] or bargayne for the same but in the tyme of open markette, and that but by license vnder the hande of the Justices of the division where they doe dwell or three of them, and that they weekely bringe their license wth them to the markett where they doe eyther buye or sell, and that the license conteyne how much grayne, of what kynde and for what place they are licensed to buy and carrie, that there be set downe vppon the license the daye, place, quantetie and price the corne is bought at, that they take but measurablie for the cariadge bakinge and brewinge thereof, that they showe their booke weekely to such, as the Justice of the division wherein they dwell shall appoyncte, beinge noe bakers or Badgers of Corne. And that those p(er)so(n)s eu(er)ye xiiii dayes make reporte to the Justice of the division wherein they dwell how the people are dealt wthall by the badgers, bakers and Brewers. And that such as have otherwyse sufficient to lyve on or that ar knowen to be of any crime or evill behavor be not permitted to be badgers of corne, nor any badgers to be permitted but such as the statut doth lymitt, and that none be permitted to buy or provide corne in the market in grosse as badger or baker and such lyke, uppo(n) payn of i(m)prisonmt, vntill one hower after the full markett be begon that the pore may be first served.

That the said Justices or twoe or one of them at the least in eu(er)ye division shalbe personallie presente at eu(er)ye market wthin their seu(er)all divisions to see the orders to be taken by thauctoretie hereof to be well observed and the pore people provided of necessarie corne and that whas much favor in ye pryces as by ernest perswasio(n) of ye justyces may be obteyned[749]....

That all good meanes and perswasions be vsed by the Justices in their seu(er)all divisions that the pore may be served of corne at convenyent and charitable prices.

That there be noe buyenge or bargayninge for any kynd of corne but in open market, and that the justices in their seu(er)all divisions restrayne comen malsters of makinge barlie malte in those contries and places where there be otes sufficient to make malte of, for the use of the people, and to restrayne, aswell the brewinge of barlie malte by or for Alehouses or Comen Tiplers in those contries and places, as also the excesse vse of any kynde of malte by all comen brewers in all alehouses and comen Tipling howses wheresoeu(er), and that sufficient bondes be taken of all comen brewers, malsters and comen Tiplers accordinge to the trewe meaninge of this article, and that the unnecessarie nomber of Alehouses and comen Tipplers be forthwth suppressed in all places and yt direction be gyven to all typlyng howses, taverns and alehouses not to suffer any perso(n)s to repayre thyther to eate and drynk at unseasonable tymes.

That the Justices vse all other good meanes that ar not me(n)tioned in these orders that the marketts be well served and the pore releyved in their provisions dueringe this tyme of dearth and yt no expe(n)ce be of any gray(ne), mete for bread to fede men, be wasted vppo(n) fedyng of bestts, neither yt any be spent in maky(n)g of a stuff called sterch, as of late theyr hath bene discovered great qua(n)tite expe(n)ded in that vayne matter being in no sort to be suffred to contynew.

That the justices be straightlie comaunded to see by all good meanes that the able people be set on worke, the howses of Correction provided and furnished and there ydle vagabonds to be punished.

That the Justices doe their best to have convenient stocke to be provided in eu(er)ye division or other place, accordinge to the statut for settinge the pore a worke, and the justices to vse all other good and politique meanes wthin their seu(er)all divisions to contynewe and maynteyne the pore people in worke wthin the parish or at the furthest wthin the hundred or division.

That the maymed or hurt soldiers and all other impotent persons be carefullye seene vnto to be releived wthin their seu(er)all parishes, hundreds or divisions, accordinge to the lawe therfor provyded, and that where the provisions form(er)lye made be not sufficient it may be now for this tyme of derth increased; and where one parishe is not able to geve sufficient releife to such their pore, that parrishe to haue the supplye of such parishes nere adioyninge as have fewer pore and are better able to geve releife, and that no vagabond or sturdy beggar or any yt may otherwise gett ther lyving by ther labors be not suffred to wander abrod under coller of beggy(n)g in any town or high waye, and yt the Justyces do presently gyve order that ther be p(er)so(n)s sufficiently weaponed to asist the constables of every town to attach such vagabo(n)ds both in ther towns side and high wayes and to com(m)itt them to prison whout bayle, but as twoe of ye justyces of ye peace nr yt divisio(n) shall order, and if the townshipp shall not obs(er)ve this order for ye attachy(n)g and punisy(n)g of ye sayd vagabo(n)ds then the justyces shall se due punishme(n)t by fyne uppo(n) the whole townshipp or uppo(n) such partyes in ye town as shall be found in fault.

That the Justices of the peace doe once eu(er)ye moneth c(er)tefie their doings and proceadings by force of these Instruccons vnto the Sheriffe of the said countie, in wch c(er)tificat they shall also make c(er)tificat of such Justices as shalbe absent from any these services and the trewe cause of their absence, and shall also c(er)tefie the vsuall prices of all kyndes of grayne in their marketts for that moneth past, of all wch the same Sheriffe to c(er)tefie the privie Counsell once in eu(er)ye fortie dayes at the farthest, so as yt defalt in any justyce yt shal be absent may be duly considered and corrected by authorety of hir Mat's counsell as reaso(n) shall req(u)ir and so as such perso(n)s as ar placed as Justyces for ther creditt may not contynew in those roomes, wherin they shall be found not disposed to attend such a necessary and Godly servyce as this is, but yt others of better dispositio(n) may supply those roomes, if ther shall be ned of any such no(m)ber, as in most places is thorght not very nedefull, the nornber being in co(mm)on opinio(n) more hurtful tha(n) proffitable to Justyce.

And, yf any shall offend against the trewe meaninge of these instruccons or of any parte thereof or shall vse any sinister means to the defraudinge thereof, that such be severely punished accordinge to the lawes, and for such obstinat persons as shall not conforme them selves the Justices shall at their pleasure bynd to appere before ye Q. Mat's privie Counsell by a daye certen there to be further dealt wth by sever punishment for the better ensample of all others[750]....


                                                                                                                                                                                                                                                                                                           

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