19. Labour Legislation; A Bill in Parliament, 23 Henry VI [Rot. Parl. 23 Henry VI, m. 4, No. 19], 1444-5.

Prayen the Commons of this present Parliament that where the common people of this realm is greatly annoyed because of sudden departing of servants of husbandry from their masters at the end of their terms without due warning made unto their said masters, where if such warning were had they might be purveyed of other servants against the end of their term, and also because that justices of peace many times by favour, prayer or commandment, set so little and so easy fines upon such as be convict before them, that many dread not the execution of the law but greatly are emboldened to offend:

That it like the King our Sovereign Lord to ordain by authority of this present Parliament that every servant of husbandry purposing to depart from his master at the end of his term, at the middle of his term or else before make covenant with another man to serve him for the next year, if he be in such case as the law will compel him to serve, the same covenant to be made in the presence of the constables of the towns where such servants at that time be in service; and that the said servant and he that shall so make covenant with him, in presence of the said constables, at the middle of the said term or before, warn the master of the said servant of the said covenant so newly made, so that the same master may purvey him another servant against the end of his term; and if any covenant with any such servant be made in other wise, or that such warning in manner and form abovesaid be not had, the same covenant be void, and the said servant be compelled to serve his former master still for the next year, but if[221] any lawful and reasonable cause being of later time shall require the contrary; also that the salaries and wages of servants, labourers and artificers, exceed not the assessing that followeth, that is to say, the salary of a bailiff of husbandry by year 23s. 4d. and clothing price of 5s. with meat and drink; of a chief hind, a carter, a chief shepherd, 20s. and clothing price of 4s. with meat and drink; a common servant of husbandry 15s. and clothing price of 40d.; a woman servant 10s. and clothing price of 4s. with meat and drink; a child within age of 14 years 6s. and clothing price of 3s. with meat and drink; the same form be observed of salaries of servants with hostlers, victuallers and artificers in cities, boroughs, and elsewhere being, and such as less deserve, less to take, and also in places where less is used to be given, less to be given hereafter. And that from the feast of Easter unto Michaelmas the wages of any freemason or master carpenter exceed not by the day 4d. with meat and drink, and without meat and drink 5½d.; a master tiler or slater, rough mason and mean carpenter and other artificers concerning building, by the day 3d. with meat and drink, and without meat and drink 4½d.; and every other labourer by the day 2d. with meat and drink, and without meat and drink 3½d. And from the feast of Michaelmas unto Easter a freemason and a master carpenter by the day 3d. with meat and drink, and without meat and drink 4½d.; tiler, mean carpenter, rough mason and other artificers aforesaid, by the day 2½d. with meat and drink, and without meat and drink 4d.; and every other workman and labourer by the day 1½d. with meat and drink, and without meat and drink 3d.; and who that less deserves, to take less; provided that the said assessing extend not to labourers in time of harvest about harvest labour, in which the wages of a mower exceed not by the day 4d. with meat and drink, and without meat and drink 6d.; a man reaper or carter 3d. by the day with meat and drink, and without meat and drink 5d.; a woman labourer and other labourers in harvest by the day 2½d. with meat and drink, and without meat and drink 4½d.; and such as are worth less, less to take, and in places where less is used to be taken, less be taken hereafter; and that no artificer, workman or labourer take anything for any holiday nor for no workday, except after the rate of the time of the day in which he labours; and if any person refuse to serve or labour according to the premises, that every justice of the peace in their shires have power at every time to call them to examination thereof, and such as they find defective to commit to prison, there to abide till they have found surety sufficient to serve and labour in form by law required; and if any servant, artificer, workman or labourer, do contrary to the premises or deny his service, occupation or labour, by reason of no giving wages or salaries contrary to this statute, that he lose to the party that will sue in this part 20s.; and that the givers of excessive salaries or wages run in the same pain ...

Further, that the justices of peace assess no fine upon any that shall be convict before them of things done against any Statute of Labourers or Artificers or by that cause shall put him in the King's grace, beneath 3s. 4d. ...[222]

20. Organisation of the Staple[223] [Patent Roll,6 Edward II, p. 2, m. 5], 1313.

The King to all to whom, etc., greeting. Know ye that whereas before these times divers damages and grievances in many ways have befallen the merchants of our realm, not without damage to our progenitors, sometime Kings of England, and to us, because merchants, as well denizen as alien, buying wools and woolfells within the realm aforesaid and our power, have gone at their pleasure with the same wools and fells, to sell them, to divers places within the lands of Brabant, Flanders and Artois: We, wishing to prevent such damages and grievances and to provide as well as we may for the advantage of us and our merchants of the realm aforesaid, do will and by our council ordain, to endure for ever, that merchants denizen and alien, buying such wools and fells within the realm and power aforesaid and wishing to take the same to the aforesaid lands to sell there, shall take those wools and fells or cause them to be taken to a fixed staple to be ordained and assigned within any of the same lands by the mayor and community of the said merchants of our realm, and to be changed as and when they shall deem expedient, and not to other places in those lands in any wise: granting to the said mayor and merchants of our realm aforesaid, for us and our heirs, that the mayor and council of the same merchants for the time being may impose upon all merchants, denizen and alien, who shall contravene the said ordinance and shall be reasonably convicted thereof by the aforesaid mayor and council of the said merchants, certain money penalties for those offences, and that such money penalties, whereof we or our ministers shall be informed by the aforesaid mayor, shall be levied to our use from the goods and wares of merchants so offending, wheresoever they shall be found within the realm and power aforesaid, by our ministers, according to the information aforesaid and the assessment thereof to be made by the mayor himself, saving always to the said mayor and merchants that of themselves they may reasonably chastise and punish offending merchants, if their goods and wares chance to be found in the staple aforesaid outside our realm and power aforesaid, without interference or hindrance on the part of us or our heirs or our ministers whomsoever, as they have hitherto been wont to do. In witness whereof etc. Witness the King at Canterbury, 20 May.

By the King himself.

21. Arguments for the Establishment of Home Staple Towns [Exch. K.R. Accounts, 457, 32.], 1319.

London. Whereas our lord the King by his writ has signified to us that in particular in his Parliament last holden at York debate was raised touching the establishment of certain places within his realm whereat sales and purchases of wools should be made and not elsewhere; which business (which should turn to the profit of our said lord and of the people of his realm) and also the fixing of the places most convenient herefor, through certain disturbances,[224] remained undetermined; and signified also that divers moneys counterfeiting the coin of our said lord are brought by foreign people into his realm to the subversion of his money and to the prejudice of our said lord; whereon our lord the King wishes to have our advice and counsel; we do him to wit that in full treaty and discussion with divers merchants, citizens and burgesses of the realm, we have agreed, if it please our lord the King, that there be two places established for the said sales and purchases, namely, one on this side Trent, and another beyond, which places should fulfil the conditions below-written, that is to say, the places should be strong, well situated and secure for the repair of foreign merchants and the safety of their persons and their goods, and there should be ready access for all manner of merchandise, an exchange good, easy and prompt, and a good and convenient haven in the same places; and that the law and usages and franchises, which merchants repairing to the Staple in these times have had and used, they should use and enjoy henceforth at the places where they shall be, without being drawn into another law or another custom; and that the foreigners who shall come to the said places go not further in the realm nor send privily or openly by any manner of people to make any purchase of wools elsewhere than at the places established; and hereby the towns of our said lord which are now decayed and impoverished will be restored and enriched. If it be established in the form above written, it will befal to the great profit of our lord the King and of all his realm; principally, by the security of the persons and goods of merchants and other people of the realm, whom in these times death, robberies and other damages without number have in large measure befallen; and also by the increase of the profit of the change of our lord through the plate and bullion which shall be brought there; and also by the drawing of all manner of merchants and their merchandise that shall come there; moreover, owing to the great treasure of the goods of England that is and remains in the power of aliens, tort, trespass, robberies, and homicide cannot be readily redressed nor rightly punished in our parts on this side the sea for fear of the persons and goods which the aliens have in their power[225], whereby they are enriched and emboldened to maintain the mortal enemies of the King, and comfort them with people, arms and victuals; and by the ordinance aforesaid the merchants and the people of our said lord, to whom he can resort when need be, will be enriched, and the enemies of the King impoverished and all alien merchants in his subjection, and other profits without number will arise, which we cannot by any means fully show forth. With regard to money, if it please our lord, let it not be suffered to be brought from the parts beyond the sea, save only gold, plate and bullion; and to do away with the counterfeit money current among the good, wheresoever it be found, let it be pierced and sent to the change.[226]

22. Ordinances of the Staple [Patent Roll, 19 Edward II, p. 2, m. 8], 1326.

Edward, etc., to the mayor of our city of London, greeting. We command you, straitly enjoining, that the things below written, ordained by us and our council for the common profit and relief of the people of all our realm and power, you cause to be proclaimed and published and straitly kept and observed in our city aforesaid and everywhere in your bailiwick.

First, that the staple of the merchants and the merchandise of England, Ireland and Wales, namely, of wools, hides, woolfells and tin, be holden in the same lands and nowhere else, and that too in the places below written, that is to say, at Newcastle upon Tyne, York, Lincoln, Norwich, London, Winchester, Exeter, and Bristol, for England, Dublin, Drogheda and Cork, for Ireland, Shrewsbury, Carmarthen and Cardiff, for Wales. And for the tin of Cornwall, at Lostwithiel and Truro. And for the tin of Devonshire, at Ashburton, and not elsewhere in England, Ireland or Wales.

And that all alien people there and not elsewhere in England, Ireland or Wales, may freely buy and seek wools, hides and fells and other merchandise, and tin in Ashburton, Lostwithiel and Truro, and not elsewhere, and when they have bought their merchandise at the said places and in the form abovesaid and paid their customs, and have thereon letters sealed with the seal of the cocket[227], they may carry the said wools, hides, fells, tin and other merchandise into what land soever they will, if it be not into a land that is at war or enmity with us or our realm. And that the merchant strangers be warned hereof.

And that no alien by himself or another privily or openly may buy elsewhere wools or other merchandise abovesaid except at the said places, upon forfeiture of the wools or other merchandise abovesaid which he shall have so bought.

And that the merchants of England, Ireland and Wales, who wish to carry wools, hides, fells or tin out of the staples to be sold elsewhere, may not carry them from the staples out of our power until they have remained fifteen days at any of the staples to sell them, and then they may go with the said merchandise whither they will, without making or holding a staple anywhere out of the said lands or within the said lands elsewhere than at the places abovesaid.

And that all people of England, Ireland and Wales, may sell and buy wools and all other merchandise anywhere that they will in the said lands, so that the sale be not made to aliens except at the staple. And that wools, hides, fells and tin be nowhere carried out of the said lands by aliens or denizens except from the staples aforesaid.

And that the merchants of our power make not among themselves any conspiracy or compact to lessen the price of wools or other merchandise abovesaid, or to delay merchant strangers in the purchase or sale of their merchandise, and that those who shall do so and can be attainted hereof be heavily punished according to the ordinance of us and of our good council. And that every man be admitted on our behalf who will sue to attaint and punish such, and that such suit be made before our Chief Justices or others whom we will assign hereto and not elsewhere. And that the merchants and the people of Gascony and of the duchy of Aquitaine, who now are or for the time shall be of the fealty and obedience of us or of our son and heir[228], be holden as denizens and not as aliens in all these affairs.

And that all merchants, native and strangers, be subject to the law merchant in all things that touch trafficking at the places of the staples.

And that no man or woman of a borough or city, nor the commons of the people outside a borough or city in England, Ireland or Wales, after Christmas next coming, use cloth of their own buying that shall be bought after the said feast of Christmas, unless it be cloth made in England, Ireland or Wales, upon heavy forfeiture and punishment, as we by our good council will ordain hereon. And be it known that by the commons in this case shall be understood all people except the King and Queen, earls and barons, knights and ladies and their children born in wedlock, archbishops and bishops and other persons and people of Holy Church, and seculars, who can spend yearly from their rents 40l. sterling, and this so long as it please us by our good council further to extend this ordinance and prohibition.

And that every man and woman of England, Ireland and Wales, may make cloths as long and as short as they shall please.

And that people may have the greater will to work upon the making of cloth in England, Ireland and Wales, we will that all people know that we shall grant suitable franchises to fullers, weavers, dyers and other clothworkers who live mainly by this craft, when such franchises be asked of us.

And that it be granted to the wool-merchants that they have a mayor of the staples abovesaid.

And that all merchant strangers may have the greater will to come into our power and may the more safely stay and return, we take them, their persons and goods, into our protection. And we forbid, upon heavy forfeiture, that anyone do them wrong or injury in person or goods, while they be coming, staying or returning, so that if anyone do them injury contrary to this protection and prohibition, those of the town to which the evildoers shall belong shall be bound to answer for the damages or for the persons of the evildoers, and that the mayor or bailiffs of the town where the shipping is take surety for which they will answer at their peril from the sailors of the same shipping every time that they shall go out of the havens, that they will not do evil or misbehave towards any man contrary to these articles.

In witness whereof we have caused these our letters to be sealed with our seal. Given at Kenilworth, 1 May.

23. The Election of the Mayor and Constables of A Staple Town [Chancery Files, 582], 1358.

To the reverend father in Christ William by divine permission bishop of Winchester and Chancellor of the illustrious lord the King of England and France, his humble mayor and constables and the whole community of merchants of the staple of the lord the King at Westminster, greeting with all reverence and honour. Let your reverend lordship deign to know that on the feast of the Translation of St. Thomas the Martyr[229] in the 32nd year of the reign of the aforesaid lord the King of England after the Conquest, all the merchants, as well alien as denizen, who frequent the said staple, being assembled for the election of a mayor and constables of the same staple for the coming year, as custom is, beginning at the feast of St. Peter's Chains[230] next coming, with unanimous assent and consent we elected Adam Fraunceys to be mayor, and John Pyel and John Tornegeld to be constables of the staple aforesaid for the coming year. May your lordship fare well through time to come. Given in the said staple of Westminster the last day of July in the 32nd year of the reign of King Edward the Third after the Conquest of England[231].

24. Royal Letters Patent Overruled by the Custom of the Staple [Early Chancery Proceedings, 11, 289], c. 1436.

Meekly beseecheth your servant, Hugh Dyke, that whereas our lord the King on the second day of December in the fourteenth year of his reign, considering the great kindness which the said Hugh, William Estfield and Hammond Sutton did to him, and specially for that they then granted to lend to our said lord the King the sum of 8,000 marks, and our said lord the King wishing graciously to favour the same William, Hammond and Hugh in this behalf, by his letters patent, by the advice and assent of his council in his Parliament, granted and gave license to the same William, Hammond and Hugh, that in the sale of their wools at the town of Calais they should be preferred before all other merchants there to the value of the sum aforesaid, and that they and every of them, or others in their name whom the said William, Hammond and Hugh would name hereto, might freely sell their wools aforesaid to the value aforesaid within your said town to what person soever and in what manner soever they should wish, before the other merchants aforesaid, and retain by them the sums forthcoming thence without any restriction or partition to be made thereof in the Staple of Calais among the merchants of the same, any statute or ordinance made to the contrary notwithstanding, as is more fully contained in the said letters; and although one Thomas Ketyll, servant to the said Hugh, at the commandment and will of his master, sold a sarpler of wool to a stranger for the sum of 12l. 5s., to have and enjoy to him without any restriction or partition to be made thereof, as parcel of the sum aforesaid, nevertheless Thomas Thurland of Calais, because the said Thomas Ketyll would not deliver the said sum of 12l. 5s. to put the same in partition in the Staple, put him in prison and detained him for a long time contrary to the tenour of the letters aforesaid to the prejudice of our lord the King and the great damage and loss of the said Hugh and Thomas Ketyll. Wherefore please it your benign grace to grant a writ of subpœna directed to the said Thomas Thurland to appear before you in the Chancery of our lord the King upon pain of 30l. to answer as well our lord the King as the said Hugh and Thomas Ketyll touching the premises, and to do right to the parties, by way of charity.

25. Prohibition of Export of Materials for Making Cloth [Guildhall, Letter-Book E, f. 167],[232] 1326.

Edward by the grace of God, King of England, etc., to our well-beloved Hamon de Chigewelle, Mayor of our city of London, greeting. We have read the letters that you have sent us, in the which you have signified unto us that Flemings, Brabanters and other aliens have been suddenly buying throughout our land all the teasels that they can find; and also are buying butter, madder, woad, fullers' earth, and all other things which pertain to the working of cloth, in order that they may disturb the staple and the common profit of our realm; and further, that you have stopped twenty tuns that were shipped and ready for going beyond sea, at the suit of good folks of our said city; upon your doing the which we do congratulate you, and do command and charge you, that you cause the said tuns well and safely to be kept; and if any such things come into our said city from henceforth, to be sent beyond sea by merchants aliens or denizens, cause them also to be stopped and safely kept, until you shall have had other mandate from us thereon; and you are not to allow any such things to pass through your bailiwick, by reason whereof the profit of our staple may be disturbed. We have also commanded our Chancellor, that by writs under our Great Seal he shall cause it everywhere to be forbidden that any such things shall pass from henceforth out of our realm, in any way whatsoever. Given under our Privy Seal at Saltwood the 21st day of May, in the 19th year of our reign.

26. Commercial Policy [Political Songs and Poems, Rolls Series, II, 282], temp. Edward IV.

For there is no realm in no manner degree
But they have need to our English commodity;
And the cause thereof I will to you express,
The which is sooth as the gospel of the mass.

Meat, drink and cloth, to every man's sustenance
They belong all three, without variance.
For whoso lacketh any of these three things,
Be they popes or emperors, or so royal kings,

It may not stand with them in any prosperity;
For whoso lacketh any of these, he suffereth adversity;
Whiles this is sooth by your wits discern
Of all the realms in the world this beareth the lantern.

For of every of these three by God's ordinance,
We have sufficiently unto our sustenance,
And with the surplusage of one of these three things
We might rule and govern all Christian kings.

For the merchants come our wools for to buy
Or else the cloth that is made thereof surely,
Out of divers lands far beyond the sea,
To have this merchandise into their country.

Therefore let not our wool be sold for nought,
Neither our cloth, for they must be sought;
And in especial restrain straitly the wool,
That the commons of this land may work at the full.

And if any wool be sold of this land,
Let it be of the worst both to free and bond,
And none other in [no] manner wise,
For many divers causes, as I can devise.

If the wool be coarse, the cloth is mickle the worse,
Yet into little they put out of purse
As much for carding, spinning and weaving,
Fulling, roving, dyeing and shearing;

And yet when such cloth is all ywrought,
To the maker it availeth little or nought,
The price is simple, the cost is never the less,
They that worketh such wool in wit be like an ass.

For and ye knew the sorrow and heaviness
Of the poor people living in distress,
How they be oppressed in all manner of thing,
In giving them too much weight into the spinning.

For nine pounds, I ween, they shall take twelve,
This is very truth, as I know myself;
Their wages be bated, their weight is increased,
Thus the spinners' and carders' avails be all ceased.

27. The Perils of Foreign Travel [Court Roll, 178, 104, m. 3d.],[233] 1315.

The King sent his writ to the bailiffs of the abbot of Ramsey of the fair of St. Ives in these words:—Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to the bailiffs of the abbot of Ramsey of the fair of St. Ives, greeting. Whereas, on the frequent complaint of our beloved cousin, Alice countess Marshal, representing to us that lately by our licence she caused a ship about to sail to the parts beyond seas to be laden with jewels of gold and silver and other her goods and chattels to the value of 2000l., to be taken thence to the said parts to await her coming there; and that John Crabbe, master of a ship of The Mew, Miles of Utenham, Christian Trilling, Crabekyn, nephew of John Crabbe, John Labay and John Winter, together with certain other evildoers of the parts of Flanders, met the aforesaid ship so laden on its way towards the said parts on the sea between Boulogne and Whitsand, and in hostile manner took and carried away the same ship so laden with cloths, jewels and other goods aforesaid, and still detain the same jewels and goods of the aforesaid countess, to her no small damage and loss: we many times requested Robert, count of Flanders, by our special letters to hear the plaint of the aforesaid countess on the premises, to be set forth to the same count by her or her proctor or attorney in this behalf, and thereupon to cause full justice to be done to her touching the said cloths, jewels and other goods so carried off; whereupon the same count afterwards wrote back to us, saying that he had caused certain of the aforesaid evildoers to be punished, and was ready to hand over the others whom he might secure to due punishment, as reason should permit. But, because the aforesaid count delayed to show justice to the said countess touching the restitution of the cloths, jewels and goods aforesaid according to the form of our aforesaid requests, we afterwards thought fit to require him divers times by our special letters to cause due restitution or suitable satisfaction, as right should require, to be made to the same countess for the cloths, jewels, goods and chattels aforesaid. And though the count has received our letters aforesaid and has been many times requested with great diligence on behalf of the same countess by her attorneys or proctors to cause full justice to be done to her in the premises, nevertheless he has neglected to do anything therein at such our requests, although a great part of the same goods had come into his hands, but has altogether failed to show her justice, as the mayor and aldermen of our city of London have made known to us by their letters patent sealed with their common seal.

We, refusing to refrain longer from causing the aforesaid countess to be provided with a remedy agreeable to right touching the recovery of her goods aforesaid, command you that you cause to be arrested without delay all goods and wares of the men and merchants of the power and lordship of the said count of Flanders, except the goods and wares of the burgesses and merchants of Ypres, which shall happen to be found within your bailiwick, to the value of 200l. in part satisfaction of the said 2000l., and to be kept under such arrest safely and without detraction or diminution, until you shall have other orders from us thereon; and that you make known to us plainly and openly under your seals what goods and of what sort you cause to be arrested on that account, and whose they are, and also the value thereof, returning to us this writ. For we have commanded the mayor and sheriffs of London to cause to be arrested without delay and to be kept under such arrest, until full satisfaction be made to the aforesaid countess of her said goods so carried off, the goods and wares of the men and merchants of the power of the said count within their bailiwick to the value of 1000l.; and the bailiffs of the town of Great Yarmouth to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Ipswich to cause the arrest of goods to the value of 300l.; and the bailiffs of the town of Lynn to cause the arrest of goods to the value of the 200l. residue. Witness myself at Westminster on the 24th day of April in the eighth year of our reign.

To which writ answer was made that no goods or chattels of the power and lordship of Robert, count of Flanders, were found in the fair of St. Ives after this writ was delivered to us. Therefore nothing at present has been done therein.

28. Grant of Letters of Marque and Reprisals [Patent Roll, 26 Henry VI, p. 1, m. 27.], 1447.

The King to all to whom, etc., greeting. John Hampshire and Henry May, gentlemen, have shown to us that, whereas they, with twenty nine persons, merchants and mariners, our lieges, in the month of December in the twenty second year of our reign, in a ship called Clement of Hamble, came out of our duchy of Normandy sailing to our realm of England, there came upon them thirty mariners of Brittany and took and carried away the goods and merchandise of the aforesaid John and Henry and other our lieges aforesaid to the value of 1336 marks, and their bonds, indentures and bills making mention of debts to the sum of 700 marks, and beyond this likewise took and carried away the whole tackling of the ship aforesaid and all their victuals found in the same ship, and inhumanly stripped the same John and Henry to their shirts and certain of our other said lieges as well of their shirts as of their other garments, and abandoned and left the said John and Henry and our other lieges abovesaid in the ship aforesaid, bereft and spoiled of all manner of tackling necessary and requisite for the safe conduct of the same ship, in the midst of the sea, in which ship the same John and Henry and the rest of our lieges aforesaid, labouring in tempest and various storms of the sea for three days and three nights together, and despairing of their life in regard to all human aid, and putting all hope and trust of their salvation wholly in God and the glorious Virgin Mary, at length, after the days and nights aforesaid were past, they arrived in port, at least a place of safety, by God's help; and although at the instance of the aforesaid John and Henry we have oft fitly requested our cousin the duke of Brittany by letters of our privy seal that he would cause the same John and Henry to be provided with due and just restitution to be had in this behalf, yet the same John and Henry, using all diligence with due and speedy suit made to the same our cousin in this behalf for three years and more, have not yet obtained and cannot in any wise obtain any restitution thereof, to the gravest expense and no small damage and burden to the same John and Henry; wherefore they have humbly and instantly made supplication to us that we would graciously deign to provide for relief to be made to them in this behalf: We, considering that justice is and has been against all conscience denied or at least delayed to the same John and Henry diligently suing for their right, and willing to make provision that justice or at least the execution of justice perish not in this behalf, as far as in us lies, by the inspiration of piety, therefore, graciously inclining to the supplication of the same John and Henry most benignly made to us in this behalf, have granted to the same John and Henry marque and reprisal, so that they, by themselves or their factors, attorneys or servants having or to have sufficient power from them, and, if the same John and Henry perchance die in the meantime, by their heirs and executors, may take and arrest the bodies, ships, vessels, goods, wares and merchandise of any subjects soever of the aforesaid duke, wheresoever they may be found within our realms, lordships, lands, powers and territories, as well on this side as beyond the sea, by land, sea or water, within liberties and without, to the value of the said 2036 marks, and lawfully and with impunity detain the same until full satisfaction shall have been made to them of that sum and of the whole and entire tackling of the ship aforesaid and of the victuals aforesaid or of the true value of the same, and of the damages, costs, outlays and expenses which they have reasonably sustained and will sustain on our behalf, and, for default of such satisfaction, that they may give, sell, alienate them and dispose and order thereof as with their own goods, as it shall seem to them best to be done, without hindrance, disturbance, vexation or annoyance at the hands of us or our heirs or the officers or ministers of us or our heirs whomsoever. And we give to all and singular our admirals, captains, castellans and their lieutenants and deputies, sheriffs, mayors, bailiffs, constables, searchers, wardens of seaports and other maritime places, masters and mariners of ships and other places whatsoever, and other our officers, ministers, lieges and subjects whomsoever, as well on this side as beyond the sea, by land, sea or water, wheresoever they be stablished, that they be intendant, counselling, aiding and respondent in the premises to the same John and Henry or their factors, attorneys, deputies or servants having or to have sufficient power from the same John and Henry, and, if they die as is aforesaid, then to their heirs or executors, as often as and when they be duly requested by the same John and Henry or either of them or the others aforesaid or any of them on our behalf. In witness, etc. Witness the King at Westminster, 26 September. By writ of privy seal and of the date, etc.[234]

29. Grant of Liberties to the Merchants of Douai [Charter Roll, 45 Henry III, m. 4, No. 32.], 1260.

The King to archbishops, etc. Know ye that we have granted and by this our charter have confirmed for us and our heirs to our beloved burgesses and merchants of Douai that for ever throughout the whole of our land and power they have this liberty, to wit, that they or their goods, found in any place soever in our power, shall not be arrested for any debt for which they are not sureties or principal debtors, unless by chance such debtors be of their commune and power, having goods wherefrom they can make satisfaction for their debts in whole or in part, and unless the burgesses of Douai, by whom that town is governed, fail in justice to those who are of our land and power, and this can be reasonably ascertained; and that the said burgesses and merchants for ever be quit of murages on all their goods, possessions and merchandise throughout our whole realm; and that the burgesses and merchants aforesaid shall not lose their chattels and goods found in their hands or deposited elsewhere by their servants, so far as they can sufficiently prove them to be their own, for the trespass or forfeiture of their servants; and also if the said burgesses and merchants or any of them die within our land and power testate or intestate, we or our heirs will not cause their goods to be confiscated so that their heirs should not entirely have them, so far as the same be proved to be the chattels of the said deceased, provided that sufficient knowledge or proof be had touching the said heirs; and that they with their merchandise may safely come into our land and power and stay there, paying the due and right customs; so also that if at any time there be war between the King of the French or others and us or our heirs, they be forewarned to depart from our realm with their goods within forty days. Wherefore we will and straitly command, for us and our heirs, that the aforesaid burgesses and merchants and their heirs for ever have all the liberties aforewritten throughout the whole of our land and power. And we forbid, upon our forfeiture of 10l., that any man presume to molest or annoy them in aught unjustly contrary to this liberty and our grant. These witnesses:—the venerable father H. bishop of London, Richard de Clare, earl of Gloucester and Hertford, Humphrey de Bohun, earl of Hereford and Essex, Hugh le Bygod, Philip Basset, Hugh le Despenser, our justiciar of England, James de Alditheleg, Roger de Mortuo Mari, John Maunsell, treasurer of York, Robert Walerand, and others. Given by our hand at Westminster, 24 November in the 45th year of our reign.[235]

The burgesses and merchants of Douai give the King 100 marks for this charter, which sum should be allowed in the 90l. in which the King is bound to them, whereof there is the King's writ of liberate at the King's Exchequer; and the writ should be searched for and the 100 marks noted therein.