The Project Gutenberg eBook, A Source-Book of English Social History, by M. E. Monckton (Mary Evelyn Monckton) Jones This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you'll have to check the laws of the country where you are located before using this ebook. Title: A Source-Book of English Social History Author: M. E. Monckton (Mary Evelyn Monckton) Jones Release Date: June 10, 2017 [eBook #54878] Language: English Character set encoding: ISO-8859-1 ***START OF THE PROJECT GUTENBERG EBOOK A SOURCE-BOOK OF ENGLISH SOCIAL HISTORY*** E-text prepared by Cindy Horton, MWS, and the Online Distributed Proofreading Team (http://www.pgdp.net) from page images generously made available by Internet Archive (https://archive.org) Note: Images of the original pages are available through Internet Archive. See https://archive.org/details/sourcebookofengl00joneuoft A SOURCE-BOOK OF ENGLISH SOCIAL HISTORY A SOURCE-BOOK OF ENGLISH SOCIAL HISTORY [i] [ii] [iii] [iv] T BY M. E. MONCKTON JONES, M.A. F. R. Hist. Soc. LECTURER IN HISTORY, HOMERTON COLLEGE, CAMBRIDGE METHUEN & CO. LTD. 36 ESSEX STREET W. C. LONDON First Published in 1922 PREFACE he new scientific method of teaching history requires that the student should learn to examine some at least of the evidence for himself, and to form a judgment upon it: he is no longer expected to accept the teacher’s statements without discussion. Material for examination is, however, usually in the inaccessible form of ancient records, Latin chronicles, and so forth. It is the part of source-books to provide extracts from such records which may serve as laboratory specimens for analysis. They have the further aim of painting scenes vivid with local colour and live with the expressions of the actors themselves, so making the dry bones of the text-book put on flesh and reality. This volume contains illustrations of various stages in the economic and social life of the British people from Saxon days to the Industrial Revolution. Fragments of the Saxon laws show the give and take of community life working out into rules of fair play and justice. The influence of the Church in trade, in education, in exploration and over-seas intercourse, appears in the life of Ingulf of Croyland. Town life is seen to develop through gild regulations and the records of London. The consequent growth of the burghers’ power in Parliament, in naval organization and in finance over against the power of great noble houses, and the disorder of the fifteenth century, emerge from the Paston Correspondence. Parliamentary Rolls, and the accounts of London’s growth. From manorial regulations, notes of wages at different periods, and contemporaries’ accounts of enclosures, the great changes in rural life are shown; while the explorations of Carpini and Marco Polo in the East and the Spaniards’ account of Drake’s piracy in the West indicate the change from the mediæval to the modern world. The growth of commerce as the controlling factor in politics is indicated by the letters of Sir Thomas Roe and the East India Company’s minutes, the writings of Defoe and Franklin; and Young’s tour hints at the state of England on the eve of the Industrial Revolution. These extracts have, as far as possible, been taken from sources which the teacher can easily consult further on particular points, in the hope of promoting such study, without which the average teacher’s fountain of inspiration must soon run dry, to the withering of his pupil’s zeal. For permission to borrow from their volumes I am greatly indebted to Sir W. Foster and Miss Sainsbury, Mr. S. C. Hill and Mr. Callender, also to the Hakluyt Society, the Royal Historical Society, the Oxford University Press, Mr. John Murray, and Messrs. Ginn & Co. M. E. M. J. February, 1922 CONTENTS CHAP. PAGE I. SAXON VILLAGE AND MANORIAL SYSTEMS 1 II. GILDS 15 III. MEDIÆVAL LIFE AND EXPLORATIONS 28 [v] [vi] [vii] T IV. THIRTEENTH CENTURY LONDON 48 V. FIFTEENTH CENTURY LIFE 82 VI. EXPLORATION 106 VII. ILLUSTRATIONS OF LIFE IN THE SIXTEENTH AND SEVENTEENTH CENTURIES 120 VIII. EIGHTEENTH CENTURY EXTRACTS 152 A SOURCE-BOOK OF ENGLISH SOCIAL HISTORY CHAPTER I SAXON VILLAGE AND MANORIAL SYSTEMS INTRODUCTORY NOTES Laws of Ethelbert hese laws are dated A.D. 600, only three years after the coming of St. Augustine. Throughout them and the later dooms the educative effect of Christianity in its Roman form is to be traced. Hitherto law had been oral, traditional, unrecorded; these customary laws are now first reduced to written form and made permanent for the local kingdom. (5) Compensation, already reckoned in money though not always paid in coin (cf. 59), is the customary quittance for every offence. (9) Crime, hitherto an offence only against the victim and his kin, is here further treated as an offence against the community represented by the King. (74, 77) Status of woman high; marriage a business contract. Laws of Ine (20, 43) Most of England is still under woodland. (25) Trade already considerable (cf. Athelstane, 10, 13). (42) Farming done in common; use of quickset as well as temporary hurdle fences. (44, 49) Important place of swine in Saxon economy. Laws of Alfred Influence of Church supreme in the form and matter of the laws, the Mosaic infused among Saxon customary rules. (30, 32) Survival of Paganism, possibly reinforced by Danish influence. (39) Woodland not yet cleared of wild beasts. Laws of Athelstane Note here the practice of local minting, now confined to officers of the Church or King; also the use of horses as well as oxen in farm labour. Legislation is now by the King in council and the whole series of excerpts show the re-establishment of order and royal authority based on the fundamental principle of loyalty to the oath. The sworn bond between man and lord was already in Alfred’s reign the most sacred, its breach constituting treason for which no money penalty might atone. Growth of Trade This is apparent in Alfred’s laws (34), in Edward’s (12), and Athelstane’s; it is regulated by royal and not by local authority; and disputes between Dane and Saxon lead to the general imposition of the rule of “Commendation” of landless men to lords, which gave rise to the Saxon system later called manorial. Boundary Dispute, 896 A.D. Note the power of the local Witan to try property cases; the co-operation of bishop and chapter in the grant; the instance of commendation; the priest’s position as spokesman of the villagers. Manorial System Fitzherbert’s account of the rise of manors ignores the Saxon basis for the grouping of tenants under a lord to whom [viii] [1] [2] they paid service for their lands. This system did not begin at the Conquest but earlier (cf. Ine, 67; Alfred, 23; Athelstane, 8, 10, etc.). It was in most cases a fair, voluntary bargain (cf. Boundary Dispute), in which one party owed protection, military and legal, in return for the labour of the other. This feudal compact enabled the country to pass through the Danish troubles and consequent disorder under the leadership of the lords. Once security had been re-established by the central power of the Angevin kings, both the need for lords and their sense of responsibility for their men faded and their power was abused till the economic forces of the thirteenth and fourteenth centuries gave the men a means of resistance. Custumals of Battle Abbey It is possible from these details to construct a vivid scene of manorial life. Owners of ecclesiastical manors were usually more liberal to their tenants than lay lords. Interesting features are the work of the lord’s officer, the Reeve; the fact that while a half-hide may support a considerable family, the work of only one member is required to do the services; the ease with which the elaborate details of the services led to disputes; the ranks of the various villeins and the consequent difference in the service each paid; the constant use of barter, goods being paid rather than money. SAXON LAWS OR DOOMS (Thorpe, Ancient Laws and Institutes) ETHELBERT (King of Kent, 560-610.) (p. 2) (5) If a man slay another in the king’s tun[1] let him make bot[2] with fifty shillings. (9) If a freeman steal from a freeman, let him make threefold bot; and let the king have the wite[3] and all the chattels. (17) If any one be the first to make an inroad into a man’s tun let him make bot with six shillings; let him who follows with three shillings; after, each, a shilling. (21) If a man slay another, let him make bot with ... a hundred shillings. (24) If any one bind a freeman, let him make bot with twenty shillings. (74) Let maiden-bot be as that of a freeman. (77) If a man buy a maiden with cattle let the bargain stand, if it be without guile, but if there be guile, let him bring her home again, and let his property be restored to him. OF THE DOOMS OF INE (Wessex, 688 A.D.) (Ibid. p. 45) (20) If a far-coming man or a stranger journey through a wood out of the highway, and neither shout nor blow his horn, he is to be held for a thief, either to be slain or redeemed. (25) If a chapman traffic up among the people, let him do it before witnesses.... (40) A ceorl’s close ought to be fenced winter and summer. If it be unfenced and his neighbours’ cattle stray in through his own gap, he shall have nothing from the cattle: let him drive it out and bear the damage. (42) If ceorls have a common meadow, or other partible land to fence, and some have fenced their part, some have not, and (stray cattle) eat up their common corn or grass, let those go who own the gap, and compensate to the others who have fenced their part, the damage which there may be done, and let them demand such justice on the cattle as it may be right. But if there be a beast that breaks hedges and goes in everywhere, and he who owns it will nor or cannot restrain it; let him who finds it in his field take it and slay it, and let the owner take its skin and flesh and forfeit the rest. (43) When anyone burns a tree in a wood, and it be found out against him who did it, let him pay the full wite; let him give sixty shillings because fire is a thief. If anyone fell in a wood a good many trees, and be afterwards discovered; let him pay for three trees, each with thirty shillings. He need not pay for more of them, were there so many of them as might be; because the axe is an informer, not a thief. (44) But if anyone cut down a tree under which thirty swine may stand, and it be discovered let him pay sixty shillings. (49) If a man among his mast find unallowed swine, then let him take a wed[4] of six shillings value.... If pannage[5] be taken for swine, of those three fingers thick in fat, the third; of those two fingers, the fourth; of those a thumb thick, the fifth. (59) A cow’s horn shall be worth two pence; an ox’s tail shall be worth a shilling; a cow’s shall be five pence; an ox’s eye shall be worth five pence; a cow’s shall be worth a shilling. There shall always be given as barley-rent from one wyrhta (a measure of land) six pounds. (67) If a man agree for a yard of land,[6] or more, at a fixed rent, and plough it; if the lord desire to raise the land to [3] [4] [5] him to service and to rent, he need not take it upon him, if the lord do not give him a dwelling, and let him lose the crop. (69) A sheep shall go with its fleece until Midsummer, or let the fleece be paid for with two pence. ALFRED’S DOOMS (King of England, 871-901.) (Ibid. p. 20) [Alfred’s Dooms begin with the Ten Commandments and other regulations taken from the Old Testament.] (15) He who stealeth a freeman and selleth him, and if it be proved against him so that he cannot clear himself; let him perish by death. (16) If anyone smite his neighbour with a stone or with his fist, and he nevertheless can go out with a staff, let him get a leech, and work his work while that himself may not. (19) If anyone thrust out another’s eye, let him give his own for it; tooth for tooth; hand for hand; foot for foot; burning for burning; wound for wound; stripe for stripe. (22) If anyone dig a water-pit, or open one that is shut up, and close it not again; let him pay for whatever cattle may fall therein; and let him have the dead (beast). (23) If an ox wound another man’s ox, and if it then die, let them sell the (live) ox, and have the worth in common, and also the flesh of the dead one. But if the lord knew that the ox had used to push, and he would not confine it, let him give him another ox for it, and have all the flesh for himself. (24) If anyone steal another’s ox, and slay or sell it, let him give two for it; and four sheep for one. If he have not what he may give, be he himself sold for the cattle. (30) The women who are wont to receive enchanters, and workers of phantasms, and witches, suffer thou not to live: (32) And let him who sacrificeth to gods, save unto God alone, perish by death. (36) If a man have only a single garment wherewith to cover himself, or to wear, and he give it (to thee) in pledge; let it be returned before sunset. (39) All the flesh that wild beasts leave, eat ye not that, but give it to the dogs. (43) Judge thou very evenly: judge thou not one doom to the rich, another to the poor; nor one to thy friend, another to thy foe, judge thou. (47) To the stranger and comer from afar behave thou not unkindly, nor oppress thou him with any wrongs. I then, Alfred, king, gathered these together and commanded many of them to be written which our forefathers held, those which to me seemed good; many of those which seemed to me not good I rejected them, by the counsel of my Witan, and in other wise commanded them to be holden; for I durst not venture to set down in writing much of my own, for it was unknown to me what of it would please those who should come after us. FURTHER SERIES (12) If a man burn or hew another’s wood without leave, let him pay for every great tree with five shillings, and afterwards for each, let there be as many of them as may be, with five pence, and thirty shillings as wite. (34) It is also directed to chapmen, that they bring the men whom they take up with them before the king’s reeve at the folk-moot, and let it be stated how many of them there are ... and when they have need of more men up with them on their journey, let them always declare it, as often as their need may be, to the king’s reeve, in presence of the gemot. (36) Of heedlessness with a spear. If a man have a spear over his shoulder, and any man stake himself upon it, that he pay the wer[7] without the wite. If he stake himself before his face, let him pay the wer. If he be accused of wilfulness in the deed, let him clear himself according to the wite; and with that let the wite abate. And let this be if the point be three fingers higher than the hindmost part of the shaft; if they be both on a level, the point and the hindmost part of the shaft, be that without danger. EDWARD AND GUTHRUM (Ibid. p. 71) (7) If anyone engage in Sunday marketing, let him forfeit the chattel, and 12 ores among the Danes, or thirty shillings among the English. If a freeman work on a festival day let him forfeit his freedom or pay wite. (12) If anyone wrong an ecclesiastic or a foreigner through any means, as to money or as to life, then shall the king or the eorl there in the land, and the bishop of the people be unto him in the place of a kinsman and of a protector, unless he have another. LAWS OF ATHELSTANE, A.D. 925 (Ibid. p. 83) [6] [7] Of Landless Men (8) And we have ordained: if any landless man should become a follower in another shire, and again seek his kinsfolk; that he may harbour him on this condition; that he present him to folkright if he there do any wrong, or make bot for him. (9) He who attaches cattle, let V of his neighbours be named to him; and of the V let him get one who will swear with him that he takes it to himself by folkright: and he who will keep it to himself, to him let there be named X men, and let him get two of them, and give the oath that it was born on his property.... (10) And let no man exchange any property without the witness of the reeve, or of the mass priest, or of the landlord ... or of any other unlying man.... But if it be found that any of these have given wrongful witness, that his witness never stand again for aught, and that he also give XXX shillings as wite. (12) And we have ordained that no man buy any property out of port[8] over XX pence; but let him buy there within on the witness of the port reeve, or of another unlying man: or further on the witness of the reeves at the folkmoot. (13) And we ordain that every burh[9] be repaired XIV days over Rogation Days. Secondly that every marketing be within port. (14) Thirdly: that there be one money over all the king’s dominions and that no man mint except within port. And if the moneyer be guilty, let the hand be struck off with which he wrought the offence, and be set up on the money smithy.... In Canterbury VII moneyers; IV the king’s, and II the bishop’s, I the abbot’s. At Rochester III; II the king’s, and I the bishop’s. At London VIII. At Winchester VI. At Lewes II. At Hastings I. Another at Chichester. At Hampton II. At Wareham II. At Exeter II. At Shaftesbury II. Else at the other burgs I. (15) Fourthly: that no shieldwright cover a shield with sheep’s skin; and if he do so, let him pay XXX shillings. (16) Fifthly: that every man have to the plough two well-horsed men. (18) Seventhly: that no man part with a horse over sea, unless he wish to give it. (24) ... And that no marketing be on Sundays; but if anyone do so, let him forfeit the goods, and pay XXX shillings as wite. (26) But if any one of my reeves will not do this, and care less about it than we have commanded: then let him pay my oferhyrnes[10], and I will find another who will. And let the bishop exact the oferhyrnes of the reeve in whose following it may be.... All this was established in the great Synod of Greatanlea[11]: in which was the archbishop Wulfhelm, with all the noblemen and witan.... Athelstane, king, makes it known: that I have learned that our frith[12] is worse kept than is pleasing to me, or it at Greatanlea was ordained; and my witan say that I have too long borne with it. Now I have decreed with the witan who were with me at Exeter at mid winter; that they [the Frith breakers], shall all be ready, in themselves and with wives and property and with all things to go whither I will (unless from henceforth they shall desist) on this ... condition, that they never come again to the country ... now that is because the oaths, and the weds, and the books[13] are all disregarded and broken which were there given; and we know of no other things to trust in except it be this. ETHELRED, A.D. 1008 (Ibid. p. 119) (13) Let Sunday’s festival be rightly kept, as is thereto becoming: and let marketings and folkmotes be carefully abstained from on that holy day. [8] [9] CHURCH RULES (Ibid. p. 472) We have also seen often in the church, corn, and hay, and all kinds of peculiar things kept; Mass priest[14] ought always to have at their houses a school of disciples, and if any good man desire to commit his little ones to them for instruction, they ought very gladly to receive them, and kindly teach them.... They ought not, however, for that instruction to desire anything from their relations, except what they shall be willing to do for them of their own accord.... Also we command those mass priests, who are subjected to us, that they very earnestly [busy] themselves about the people’s learning: that those who are learned in books frequently and zealously teach their parishioners from these books, who may not be so far learned in books. BOUNDARY DISPUTE SETTLED, A.D. 896 (Ibid., p. 139) “In that year Ethelred, alderman, summoned all the witan of the Mercians together at Gloster, bishops and aldermen and all his chief men, and did that with the knowledge and leave of King Alfred.... Then bishop Werferth made known to the ‘witan’ that almost all the woodland had been reft from him that belonged to Woodchester which king Ethelbald gave to Worcester in perpetual alms, as mastland and woodland, to bishop Wilferth ... and then Aethelwald [the occupier] forthwith declared that he would not oppose the right.... And so very mildly gave it up to the bishop, and ordered his ‘geneat’ named Eclaf, to ride with the townsmen’s priest, named Wulfhere; and he then led him along all the boundaries as he read them to him from the old books how king Ethelbald had before increased and given it. Then, however, Aethelwald desired of the bishop and the convent that they would kindly allow him to enjoy it while he lived, and Allmund his son; and they would hold it in fee of him and the convent; and, he never, nor either of them would bereave him of the pannage right, which he had allowed him in Longridge, for the time in which God gave it to him.... So did the witan of the Mercians declare it in the ‘gemot’; and showed him the charters of the land.... And thus the townsmen’s priest rode it, and Aethelwald’s ‘geneat’ with him.... Thus did Aethelwald’s man point out to him the boundaries as the old charters directed and indicated.” MANORIAL SYSTEM FITZHERBERT’S ACCOUNT OF THE RISE OF MANORS (Sir A. Fitzherbert, Book of Husbandry; Cunningham, Growth of English Industry and Commerce. App. 1, Edition 1882.) Customary tenants are those that hold their lands of their lord by copy of court roll, after the custom of the manor. And there be many tenants within the same manor, that have no copies and yet hold by like Custom and service at the will of the lord. And in mine opinion it began soon after the Conquest, when William Conqueror had conquered the Realm he rewarded all those that came with him, in his voyage royal, according to their degree. And to honourable men he gave lordships, manors, lands and tenements with all the inhabitants, men and women, dwelling in the same, to do with them at their pleasure. And those honourable men thought that they must needs have servants and tenants, and their lands occupied with tillage. Wherefore they pardoned the inhabitants of their lives, and caused them to do all manner of service, that was to be done, was it never so vile, and caused them to occupy their lands and tenements in tillage and took of them such rents, customs and services as it pleased them to have. And also took all their goods and cattle at all times at their pleasure, and called them their bondmen, and since that time many noblemen, both spiritual and temporal, of their godly disposition, have made to divers of the said bondmen manumissions and granted them freedom and liberty.... Howbeit, in some places, the bondmen continue as yet the which me seemeth is the greatest inconvenience that now is suffered by the law, that is to have any christian bounden to another and to have the rule of his body, lands or goods, that his wife, children and servants have laboured for all their lifetime to be so taken, like as an it were extortion or bribery. And many times by colour thereof there be many freemen taken as bondmen, and their lands and goods taken from them, so that they shall not be able to sue for remedy to prove themselves free of blood. And that is most commonly when the freemen have the same name as the bondmen, or that his ancestors, of whom he is come, was manumized before his birth. In such case there cannot be too great a punishment. In many lordships there is a customary roll between a lord and his tenants, and it ought to be indented, one part to remain in the lord’s keeping, the other part with the tenants and divers true copies to be made of the same, that the rents and customs run not out of remembrance. And also a suit roll to call all those by name, that oweth any suit to the lord’s court and then shall there be no concealment of the suitors, but that the steward may know who is not there, and if any suitors decease, the name of his next heir would be entered into the same roll, and an enquiry made, and presented, what he held of the lords and by what rents, customs and services of every parcel by itself, and who is his next heir, and of what age he is of, and this truly done and entered into the roll, it would be a conveyance of descent ... and profitable to the lords and also to the tenants. BATTLE ABBEY CUSTUMALS (Custumals of Battle Abbey, Ed., S. R. Scargill-Bird. Camden Society, New Series, 41) [10] [11] [12] MANOR OF ALSISTUN, SUSSEX (p. XVIII) The reeve held one virgate for which he rendered no service so long as he kept his office. CUSTOMARY TENANTS Services due from each half hide Every half hide owed to the lord, on every working day, the services of one man, to do whatever should be required of him; If thrashing was required three men ought to thrash in a day half a seam and half a bushel [i.e. 4½ bushels] of corn, or two men ½ seam of barley, or each man 6 bushels of oats; and of beans and vetches the same quantity as of corn; They were to thrash in whatever barn they might be directed to do (within the manor) and to winnow what they had thrashed and carry it to the granary, and if it were far to the granary to employ their cattle in carrying it; If ditching was required two men were to make in a day 1 perch of new ditch, 5 feet in width, or each man to repair 1 perch of old; If other work was required of them they were to work until their fellows had finished their work in the barn; In ploughing and harrowing they were to work until it was time to unharness the plough. When they had to break clods, to wash or shear sheep, to hoe corn, and to mow or gather hay, they were to work the whole day except the dinner hour; In addition to the ordinary daywork each ½ hide was to find a man for one day to gather the hay; and also a man to mow and cock hay for one day; and they were to carry the whole of the hay, each half hide with two oxen; If necessary each half hide was to find two men to reap in the lord’s field, receiving therefor every tenth sheaf,—or if the lord should prefer it, each half hide was to reap in a day an acre of corn or oats or half an acre of barley or vetches with as many men as they chose, receiving every tenth sheaf; They were to carry all the corn, each half hide with two oxen; Also each half hide was to find two men and two oxen to cart manure till it was all carted away; To plough one acre for corn once and to sow half of it, providing the seed; To plough one acre for barley twice, and two acres for oats once, to carry the seed for the same from the granary to the field, and to harrow the same; Every half hide was also to carry 4 loads of wood yearly to the lord’s hearth, and when he was building, a cartload of timber; If it were necessary to fetch grain from Seford or elsewhere near, each half hide was to go with one beast twice a day or if further, once a day, such service being reckoned as one day’s work; Each was also to provide and make four rafters with the appurtenances, and the roofing for the lord’s sheepcote except with great timber, this being reckoned as two day’s work; Also to carry to Battle every Monday; if however the tenant’s mare was dead or foaling, he was to be quit from one averagium but he was to work instead. DUTIES OF FOUR COTTARS (p. XX) From Michaelmas to hoeing time to perform two days’ work a week, namely on Monday and Wednesday; and (as they say) do no other works except to thrash, to break clods, and to spread hay when necessary; At Christmas each was to carry to Battle 12 hens, and at Easter 250 eggs, and they were to be free from work for twelve days at Christmas and “a die Paraceves”, from Holy Friday to the octaves of Easter; They were to hoe whenever there was anything to be hoed, to attend to the sheepshearing, and at haytime and harvest each to find one man for the whole time. CHAPTER II GILDS INTRODUCTORY NOTES Winchester An example of full rights of self-government, the city electing its own Mayor and other officers. Citizens are entitled [13] [14] [15] to attend the moot, but are already becoming a close oligarchy, “every worker” not being admitted to the freedom of the city. Note that shops are uncommon, goods are usually sold at booths erected in market or street. The “Great Gild” is the Merchant gild comprising all traders; the various crafts have their own gilds but are subject to the Mayor as representative of the Gild Merchant out of which in this case the corporation appears to have arisen, the townhall being called the Gildhall, and rules being enforced to maintain a high standard in commodities sold. The town dues and regulations tend to check the natural growth of industry and to restrict it in favour of freemen of the city. Bristol Note here that the crafts are clearly subjected to the Mayor of a Merchant Gild, who has also acquired the right to hold view of frank-pledge, etc. The Gild of Fullers shows the importance in mediæval gilds attached to keeping up a sound standard of work and value. Thus in addition to protecting their own members as a Trades Union does, they also protected the consumer and general public. Adam of Gloucester Here is a case of an outsider claiming the rights of a freeman and resisting the town authority by pleading the king’s. Thus his case is heard in the king’s court of Common Bench and not in either the Mayor’s Court or the Shiremoot. The extract from the Hereford Iter appears to refer to the same clothier. It illustrates the growth of a demand for written evidence, the lawyer throwing scorn on the value of the tally, though tallies had been commonly used at the king’s Exchequer. The reference to Law Merchant should be noted. Edward I by the Statute of Acton Burnell in 1283 had established courts in certain boroughs in which merchants might have merchant law for the recovery of debts. Gild of St. Michael, Lincoln This extract describes the normal doings of a gild, it is of special interest that it insists on equality among its members. Gild of Tailors, Exeter Letters Patent, or Charters were often merely confirmations of an already existing gild, sometimes probably dating from Saxon days but having fresh occasion to fear interference on the part of a neighbouring lord or the king, written records having now become the rule in cases of tenure of property. Such charters were often submitted to succeeding kings for confirmation, and where this was not done Charles II was able to make large sums by calling in the ancient charters. This record also shows well the efforts made to keep up a good standard of work, and the extent of the jurisdiction of the gild-authorities. The Livery Companies Stow’s account is inserted here to show the unbroken succession of these voluntary associations from Saxon to modern days; though at the Reformation they lost their religious character. The later trading companies are closely akin to these, but lack the main motive of mutual charity, though they too exist to co-operate in work for which the individuals’ efforts would not suffice. The earliest of them, the Merchant Adventurers, did actually begin as the religious gild of S. Thomas of Canterbury, being joined by Flemings holding a charter to trade from John of Brabant. USAGES OF WINCHESTER (Toulmin Smith, English Gilds) Summary These be the olde usages of the City of Winchester, that have been used in the time of our elderne, be and shall be to the franchise[15] saving and sustaining. The Mayor shall be chosen every year, by the four and twenty sworn men and the commonalty. There shall be four and twenty sworn men, for a Council to help the Mayor: who shall attend him on summons. There shall be two Bailiffs, who shall be chosen by the Commonalty, out of four named by the Mayor and Twenty four, at the Michaelmas borough moot. Also four Serjeants to do the bidding of the Mayor and Bailiffs. And two Coroners who are to act in the soke[16] as well as in the city. The Bailiffs must every year lodge the plea rolls[17] for common use. N.B.—The Twenty four must be impartial, and be careful in speech. Makers of quilts and blankets must work within the city and pay an annual tax for the houses where quilts are made. Every worker does not become a freeman. The price of burel cloth shall be according to the time of year. [16] [17] Burel cloth shall be made by freemen of the town. Blankets of given lengths shall be made of given breadths. Blankets not made of the given lengths and breadths shall be forfeited. No stalls to be in the High Street at mere will. None but freemen may buy untanned leather or raw hides in the town, and these not to be taken out of the town. No fish nor poultry to be bought for sale before undern. (i.e., 9 a.m.). Victuals brought in for sale shall not be taken back unsold without leave. Regrators and engrossers shall be heavily punished. A rent of a farthing to be paid to the king for every board on which fish is shown for sale. Every one shall pay a halfpenny to the king for every load of fish that he puts out for sale. Every non-freeman shall pay for every cartload of fish brought in, twopence halfpenny: and for every horseload of fresh fish, a penny halfpenny, and of salt fish a halfpenny. [Similar regulations for bakers and brewers with rules as to the quality of the food.] No non-freeman may have a booth for sale of goods within the town. Cheese, butter, grease, and smear pay the same toll as wool, half weight counting the same as the whole. Each sort of goods that ought to be weighed shall be brought into the town. Misdoers shall be punished. Six good men shall be chosen, three by the Commonalty, and three by the Twenty four to gather in all king’s dues and town rates; who shall yield an account thereof. An account must be given to the Six of moneys gathered by the Mayor or others out of town. If any man find goods for common use, it shall be put to his score, or the goods be returned. When the time comes for the great Gild sale, men of good name shall be sought, to gather the fees of the merchants. Non-freemen shall pay to the bailiffs, at the town-gates, for every cartload of corn coming into the town for sale, a halfpenny toll; and for every horse load a farthing. Steel or iron 2d. per cartload, 1d. per horseload. New saddles the same, Millstones 4d. or 2d., Barrels 1d. or ½d., Tanned leather 2d. or 1d., Madder 2d. or 1d., Woad waxen 4d. or 1d. Every cordwainer that has a shop shall pay to the king 6d. a year; and to the clerk 1d. for registration. The master dyers of the painters have a custom to choose two good men who shall assay the goods of outsiders as between seller and buyer. Every tanner shall pay 2s. a year for a stand in the High Street; and to the clerk a penny. Every seller of grease, smeare and tallow shall at Easter pay to the king 1d. as smergavel. Every shoe-maker using new ox leather shall pay at Easter 2d. as shongavel. The city has a Common Seal and authentic, with which the town charters are sealed. An alderman keeps the charters for a year and a day. Three days warning must be openly given of the sealing. Such charters, unchallenged, are made good for ever by that seal. The sealers of grants to have 6d. for wax and all. There shall be three copies of the seal. Two of the Twenty four shall keep two and one of the Commonalty the third. All shall be kept in a coffer, set in a larger coffer having two locks; the keys of one lock being kept by one of the Twenty-four, and that of the other lock by one of the Commonalty. [Rules of pleading in the courts of the city of Winchester follow.] BRISTOL [later regulations] GILD MASTERS SANCTIONED BY THE MAYOR (Toulmin Smith, p. 420) It hath been used, the Mayor to let summon all the masters of the Bakers, Brewers, Butchers, and of all other crafts of the town, to come before him, and then to go and assemble them at their halls and places accustomed, to the election of their masters for the year following, and thereupon to bring their said masters and present them before the Mayor, there to take their oaths in the Mayor’s presence. It hath been used, that within a month after Michaelmas Day, the Mayor, Sheriff and Bailiffs of Bristol, to hold their Lawday in the Guildhall, by the town clerk of the same town, there to call, first the whole Council of Bristol, without any fines accepted for absence, and after that to call all freeholders and common suitors upon pain of fines, and then to call the constables of every Ward. And so to proceed to his inquests. PETITION OF THE GILD OF FULLERS OF BRISTOL TO THE TOWN AUTHORITIES (p. 284) To the honourable and discreet sirs, the Mayor, sheriff, and all other honourable burgesses of the Common Council [18] [19] [20] of the same town, humbly pray the Masters of the craft of Fullers of the said town: Whereas the said craft has, of old time, had divers ordinances enrolled before you of record in the Gihald of Bristol, in order to put out and do away with all kinds of bad work and deceits which divers people, not knowing the craft, from time to time do, as well in fulling cloths as in “pleityng” and “rekkyng” and many other defects in the said cloths; by which defects the town and craft are fallen into bad repute in many places where the said cloths are put to sale, to the great reproach and hindrance of the said craft. Wherefore may it please your very wise discretions and honourable wisdom, to grant to the said suppliants that all their good ordinances of old time entered of record, and not repealed, be firmly held and kept and duly put in execution; and that four good men of the said craft be chosen by them every year, and sworn before the Mayor loyally to present all manner of defects which hereafter shall be found touching the said craft, with power, twice a week, to oversee such defects, and, likewise to keep watch over the servants and workmen of the same craft, within the franchise of Bristol, so that the said servants and workmen should not take more wages than of old time is accustomed and ordained. And besides, discreet sirs, may it please you to grant to the said suppliants the new additions and points below written, to the profit and amendment of the said craft, and to the honour of the said town. First, it is ordained and agreed that, each year four men of the craft shall be chosen as Masters, to search every house of the said craft, twice a week, and oversee all defects in the said cloths, if any such there be; and to present them before you at the court; so that whosoever does such bad work shall pay for the same the full price of the cloth: one half to go to the town, and the other half to the craft, without any pardon or release: and this, over and above all reasonable amends made to the buyer of the cloths. Also, the Masters of the craft shall not give more to the men of the said craft than fourpence a day.... And if any of the masters pays more to the workmen than is above ordained, he shall be fined each time ijs; that is to say xij.d. to the commonalty, and xij.d. to the craft. And if the men take more from the masters, they shall pay, each time xij.d.; that is to say, vj.d. to the commonalty, and vi.d. to the craft. And if the men are rebels or contrarious, and will not work, then the four Masters shall have power to take them before the Mayor and Court of Gihald of the town, to be there dealt with according to law and reason. And moreover the said servants shall work and rest in their craft, as well by night as by day, all the year, as has of old time been accustomed. ADAM OF GLOUCESTER (Edward I Yearbook; Pleas in Common Bench, p. 306). 1292. “One Adam brought (suit against the town bailiffs) and said that they had tortiously taken his chattels in the town of Gloucester, in the high street, and had taken them away to their toll-booth in the same town tortiously ... bailiffs of the town averred the taking as good; by reason that the custom of the town of Gloucester is this, that no one unless he be a freeman of the town may cut cloth in the said town, but that he can only sell it by the piece; yet nevertheless Adam, who is not a freeman of the town, came and cut his cloth in opposition to the custom.... Adam put forward a charter which witnessed that the king had granted to him that he might cut cloth in the same way as other freemen.” (Edward I Yearbook. Hereford Iter.) 1292. One Adam demanded a debt by tally and offered suit. Counsel We do not think that he ought to be answered on a bit of wood like that, without writing. Adam What answer you to the tally? Counsel Prayed judgment if he ought to be answered, inasmuch as he offered suit, and then failed to produce it. Note 1. That one shall not be answered on a tally without suit. Note 2. Note that by Law Merchant one can not wage his law against a tally; but if he deny the tally, the plaintiff must prove the tally. GILD OF ST. MICHAEL ON THE HILL, LINCOLN (Toulmin Smith, English Gilds, p. 178) [Summary] [The gild was founded on Easter Eve, A.D. 1350.] On the death of a brother or sister within the city, not only shall the Dean bring the four wax lights which are called “soul candles,” and fulfil all other usual ceremonies, but the banner of the gild shall be brought to the house of the dead, and there openly shown, that men may know that the dead was a brother or sister of the gild; and this banner shall be carried, with a great torch burning, from the house of the dead, before the body, to the church. On the eve of the feast of Corpus Christi, and on the eve of the day following, all the bretheren and sisteren shall come together as is the custom, to the gildfeast. At the close of the feast four wax lights having been kindled, and four of the tankards which are called flagons having been filled with ale, a clerk shall read and explain these ordinances, and [21] [22] afterwards the [ale in the] flagons shall be given to the poor. If any brother or sister goes away from Lincoln for a year, not being on pilgrimage, and afterwards seeks to rejoin the gild, he must pay twelve pence: if away for two years, he must pay two shillings, unless he have grace. Whoever seeks to be received into the gild, being of the same rank as the bretheren and sisteren who founded it, namely of the rank of common and middling folks, shall be charged to be faithful to the gild, and shall bear his share of its burdens. And whereas this gild was founded by folks of common and middling rank, it is ordained that no one of the rank of mayor or bailiff shall become a brother of the gild, unless he be found to be of humble, good, and honest conversation, and is admitted by the choice and common assent of the bretheren and sisteren of the gild. And none shall meddle in any matter, unless especially summoned; nor shall such a one take on himself any office in the gild. He shall on his admission be sworn before the bretheren and sisteren, to maintain and keep the ordinances of the gild. And no one shall have any claim to office in this gild on account of the honour and dignity of his personal rank. If any brother or sister of the gild has fallen into such an ill state that he is unable to earn his living, and has not the means of supporting himself, he shall have, day by day, a penny from the bretheren and sisteren of the gild, in the order in which their names stand on the register of their admission to the gild; each brother or sister giving the penny in turn out of his own means. GILD OF THE TAILORS, EXETER (Founded 1466 by charter) (Toulmin Smith, p. 300) Outline of Charter By these Letters Patent, the King, for himself, his heirs, and successors, so far as he has power, enables his lieges of the Craft of Tailors in the City of Exeter, to establish a Gild of the men of the said craft and others; to maintain and encrease it; and to choose a Master and four Wardens. They may wear a livery, and hold meetings and have feasts, and make such ordinances as they think best. The gild shall be a Body Corporate, and have a Common Seal, and may plead and be impleaded by the name of the Body Corporate. The Master and Wardens shall control the gild, and amend the misdoings of any of its members or their servants. No one shall have a board or shop of that craft, unless free of the city; nor shall anyone be let join the gild unless known to be good and faithful. The Master and Wardens shall have a general control over the craft of tailors, and over others joining the gild, and their crafts; and may, with the consent of the Mayor of the city for the time being, amend all defaults found. None else shall have such control, except the said Master and Wardens, or the Mayor and his deputies. Given at Westminster, on the 17th November, 6 E. IV. Examples of Control (p. 321) (2) Md. that John Rowter received IIIj yerdes of brod cloth, blew, to make Master Robert Rydon a gowne; apoun the wheche, the said Master Robert complayned of lackyng of his clothe. And ther the gowne wasse sene before the sayde crafte; and ther wasse fownde no cloth wasted, but ther wasse dewly proved IIj quarteris of brod clothe convayed in peces, as hit apereth by patrons [patterns] of black paper in our Comon Kofer of record, at any time redy to shew, etc. ffor the said defense, the sayde John Rowter summetted hym to the Master and Wardons and to the felascheppe, the xxivth day of October, anno regni E. iiijti, xixo. (4) Md, That John Walsche, aliis Kent, recevyed of Edmund Colchet vj yerdes of blew osed to make hym a gowne; and so the sayde Edmund complayned of spoylling hys gowne and lackyng of his cloth. And so there wasse fownd no cloth stolen, but ther wasse fownd wasted the valor of a yerd, and the gowne marred: ffor the whech fense, the M. and Wardons juged yt the sayde Edmond shold take hys avountage agaynet ye sayde John at the common law, ffor ye sayde John wasse neuer amytted for a fre sower, and his M. disavoed hym yt he wasse not his foreman. (5) Md, that John Skeche, setsayne and taylor of the Cyte of Excete come before M. and Wardons, the xvj day of Marche, ao regni Regis E. iiij ti, xxti; and ther complayned vppon Willam Spicer, tayler, for wtholding of a potell pot of pewter, paysing [weighing] iiijti; Item, for sowyng of a kertell wtoute slevis, and for the stuffe of a coler, and settyng on. For the which fense aforesayde, the M. and Wardons hath awarded yt the sayde Willam shall pay onto the sayde John Skeche, in full content of all thyng, fro the begenyng of the world into this daye, xvj.d. And the sayde John Skeche shall relesse hym of all sewtes that ye sayde Skeche hath ayens the sayde Willam for all soche materis a fore wreten. (6) Md. of a warde y made bi the Maister and Wardons the xvjth day of Jule, the yeere of the Reigne of Kyng Edward the iiijth, the xxjth, betwene William Peeke and John Lynch his seruant; for that the said William unlawfuuli chasted hym, in brusyng of his arme and broke his hedd. And for that it was chuged, bi the said maister and wardons, that the said William Peeke shuld pay, for his leche craifte, v.s.; and for his table for a moneth, iijs. iiijd.; and for amendis, xvs.; and to the craift, xxd. for a fyne for his mysbehaueng aynst the craift. (8) Md. of won John Tregaso, wiche was swone to the Master and Wardonis of the fraternite of Tayloris of Sent John Battyst in the Cite of Exceter. That, not wtststandyng, the sayde John come before on John at Well, that tyme beyng Mayre, and renonsed the sayde wothe, and was for sworyn on a crucefex. Where a poun, the sayde Master and [23] [24] [25] Wardonis syud the same John a poun a purgery: and so, be the mene of gentyl men and money, they were made acorde, and new swaryn to the Master and Wardonys. And so the sayde John was send for, dyverse tyme to com to durgeis, massis, and other dutyis, acordyng to his othe: the wiche he absent hymself wt owte cause resenable. Where apon, the Master and Wardonys fett hym owte of his howse, and brost hym to Tayleor Hall, and there putt hym in a pere of stockys; and the (y) keped hym by the space of a day and a nygte. Apon the wiche, John Mattheu and Thomas Penhale ware bownde to the Master and Wardonys in xxti. li., that the sayde John Tregaso shuld be of god beryng contynually fro this day forward, the xvijth day of October, the reign of Kyng E. the iiijth, the xxjti. Goods in the gild hall, 1504 (p. 327) Here ffolwyth the ymplementes of the Taylorys halle, beyng wtyn the place yn the yere, beyng Master of the occupacion Richard Chubb, ao regni Hi spti xxo, of Exceter. Md. that ther remayneth, fyrst yn the halle, a payntyed cloth at hye Desse; ij lytell bynches by euery syde, on by the chymney, on nayled to the walle; a planke tabell, wt ij trestelles, att hye desse; a tabell yn the syde of the halle, and a furme; a bynch yn the yn sayde of the tabell; also, yn the parler, a beddestede: also, yn the spence, a tabell planke, and ij sylwes: also, yn the chamber next to the halle, a longe coffer wtoute lockes or keyes, and a beddeste: also yn the utter chamber, a bedde stede: also a brasse pott (a plater of pewter, iiij quarters of a wyolet gowne for a woman, a broche wt a fote, ij new torches but lytell burde), and iiij yndes of torches; a streymer and a baner, a boxe wt iiij ewydence, wt iij other wretynges: and a seyalle of syl...