[235] Charters of this character were granted at this period to almost every town of importance in England.
30. Aliens at a Fair [Court Rolls, 178, 93, m. 3], 1270. Court of Wednesday [14 May, 1270].
Gottschalk of Almain, burgess of Lynn, makes plaint of the communities of Ghent, Poperingen, Douai, Ypres and Lisle, as men of the countess of Flanders, to wit, that whereas the same Gottschalk caused 14 sacks of wool worth 140 marks to be brought from the realm of England to Bruges in Flanders, to trade with it there, and lodged the wool at the house of one Henry Thurold on Sunday next after Ash Wednesday in the forty-ninth year of the reign of King Henry, the bailiffs of the said countess came and arrested the said wool against the peace of the realm and still detain it. Wherefore the same Gottschalk, for the unjust detention of the wool aforesaid, made petition to the lord the King at Kenilworth and elsewhere until now; whereupon the lord the King many times directed his letters to the same countess, asking her to satisfy the same Gottschalk of the aforesaid wool or the price thereof, and she has hitherto neglected to do anything for the same Gottschalk, to his damage of 200 marks; and he produces suit. The aforesaid communities, being present, do not deny the accustomed words of the court[236] or the detention of the aforesaid wool or the damage of the aforesaid Gottschalk, but craved licence to consult forthwith on the matter and withdrew. And afterwards they came, making no defence against the charge of the said Gottschalk, but the men of Ypres presented a charter of certain liberties granted to them by the King's Court, stating that they should not be distrained for any debt unless they were the sureties or principal debtors. For the men of Lisle there came one Alard of Leeuw and showed a charter of the lord the King for himself only, stating that he should not be distrained unless he were a principal debtor or surety. Another man named Peter Blarie of Lisle says that he has no charter. The men also of the communities of Ghent and Douai[237] craved respite until Saturday to show their charters, which they say that they have from the King's Court, and that day was granted to them. The aforesaid Gottschalk, however, craved judgment for the default of the aforesaid merchants; and a day is given to the parties, to wit, to-morrow....
Be it remembered that Gottschalk of Almain, burgess of Lynn, gives to the lord a seventh part of all which he may recover against the communities of Ypres, Ghent, Douai, Poperingen and Lisle, to wit, of the 120 marks which he seeks for 14 sacks of wool detained to his damage of 200 marks.
[236] i.e. "Tort and force."
[237] See No. 29 for the charter of Douai.
31. Confirmation of Liberties to the Merchants of Almain [Patent Roll, 9 Edward I, m. 1], 1280.
The King to all to whom, etc., greeting. Whereas the lord King Henry, our father, of famous memory, lately granted by his letters patent,[238] which we have inspected, at the instance of Richard, King of the Romans, our uncle, of good memory, to the merchants of the realm of Almain who have a house in the city of London commonly called the Gildhall of the Teutons, that he would maintain and protect them, all and singular, throughout the whole of his realm in all the same liberties and free customs which they have used and enjoyed in the times of him and his progenitors, and would not draw them nor in any wise permit them to be drawn out of such liberties and free customs, as is more fully contained in the letters aforesaid made thereon to the aforesaid merchants: We, wishing that favour to be continued to the same merchants, wish them to be maintained and protected in all the same liberties and free customs which they have used and enjoyed in the times of us and our progenitors, and we will not draw them or in any wise permit them to be drawn out of such liberties and free customs. In witness whereof, etc. Witness the King at Westminster, 18 November.
[238] June 15, 1260. Fædera I., i. 398.
32. Alien Weavers in London [Guildhall, Letter-Book G, f. 93],[239] 1362.
Unto the most honourable Lords, and rightful, the Mayor and Aldermen of the City of London, humbly pray the Weavers alien working in the same City, that the points and Ordinances underwritten may be granted and allowed to them, for the common profit of the land and of the City and for the saving of their said trade.
In the first place, that three good folks of the weavers alien may be ordained and sworn to keep and rule their trade, and the points underwritten.
Also, that if any alien shall come to the said city to work in the said trade, and to make his profit, he shall do nothing in the same before he shall have presented himself to the Masters alien of the said trade, and by the said Masters have been examined if he knows his trade or not; and thereupon, let orders be given by the said Masters what he shall take by the day for his work.
Also that no one of the said trade of weavers alien shall be so daring as to work at the trade by night.
Also, that no one in the said trade shall work at the trade on Saturdays; or on the Eve of Double Feasts after None rung in the parish where he resides.
Also, if any workman has served his alien master by the day or by the week, and the said master will not pay the workman for his work, according as they shall have agreed, the good folks who shall be ordained and sworn to keep and rule their said trade, shall have power to forbid the said master to be so daring as to work at the said trade, until he shall have paid his workman what he is bound to pay him. And if he shall do the contrary, and be convicted thereof, let him pay to the Chamber the penalty that is underwritten.
Also, whereas heretofore, if any dispute occurred between a master alien in the said trade and his workman, such workman was wont to go to all the workmen within the City in the said trade, and by covin and conspiracy between them made, they would give orders that no one of them should work or submit to serve until the said master and his workman should have agreed; by reason whereof the masters of the said trade were in great trouble, and the people left unserved; it is ordered that, from henceforth if any dispute shall occur between any master alien and his workman in the said trade, the same dispute shall be rectified by the Wardens of the trade. And if any workman who shall have offended, or have misbehaved towards his master alien will not submit to be adjudged before the said Wardens, let such workman be arrested by a Serjeant of the Chamber at the suit of the said Wardens, and brought before the Mayor and Aldermen; and before them let him be punished, at their discretion.
Also, if any alien of the said trade shall be found doing mischief in the way of larceny, to the value of 12 pence; the first time, let him make amends to him against whom he shall have so offended, at the discretion of the Masters alien of the said trade. And if he shall be found guilty thereof a second time, let him be brought before the Mayor and Aldermen, and before them be punished according to his deserts.
Also if any alien of the said trade shall be found guilty in any point aforesaid, let him be amerced, the first time, in 40 pence, to the use of the Chamber; half a mark, the second time; 20 shillings the third time; and the fourth time, let him forswear the trade in the said city, and every time, let him also pay 12 pence to the Wardens for their trouble.
John le Grutteret and Peter Vanthebrok, Flemings, and John Elias, Brabanter, were chosen on the 23rd day of February in the 36th year and sworn to keep and oversee the Articles aforesaid, and the alien men of the same trade.
[239] Printed in Riley, Memorials, p. 306
33. The Hosting of Aliens [Exch. K.R. Accounts, 128, 31, m. 15], 1442.
This is the view of William Chervyle, surveyor and host ordained and deputed by Robert Clopton, late mayor of the city of London, upon John Mantel, captain of a carrack coming to Sandwich, and James Ryche, scrivan[240] of the said carrack, and James Douhonour, merchants, coming from Sandwich with the said carrack, to survey as well their merchandise found in their keeping and also coming afterwards, as the employment of the same, to wit, the said John Mantell and James Ryche between the 18th day of January, and James Dohonour between the 25th day of January in the 20th year of the reign of our sovereign lord King Henry the Sixth, until the feast of Michaelmas next following.
The merchandise coming and found in the said carrack of the said John Mantell and James Ryche and James Dohonour—
First, 14 butts of sweet wine.
Further, 30 barrels of the same sweet wine.
Further, 144 butts of sweet wine.
Further, 10 butts of currant raisins.
The merchandise sold by the said John Mantell, James Ryche and James Douhonour:—
The purchases made by the said John Mantell and James Ryche and James Dohonour for the employment of the merchandise aforesaid:—
| First, bought of Simon Eyre, 200 cloths "westrons" for | 305l. |
| Further, of John Brokley, 40 yards of murrey in grain | 18l. |
| Further, of Henry Kempe, 5 cloths "Northamptons" | 40l. |
| Further, of Philip Malpas, 60 cloths "westrons" | 90l. |
| Further, of John Bale, 60 pieces of Suffolk "streyts" for | 38l. |
| Further, of William Dyllowe, 10 cloths "Northamptons" | 60l. |
| Further, of John Andreu, 8 cloths "Ludlowes" | 16l. |
| Further, of Thomas Grey, 1101 quarters of pewter for | 15l. |
| Further, of William ——, 40 cloths "westrons" | 60l. |
| Further, of John at Wode, 20 cloths "westrons" for | 32l. |
| Further, of John Style, 80 Suffolk "streyts" for | 46l. |
| Sum of the purchases aforesaid[241] | 745l. |
[240] The scrivan (i.e., writer) had charge of the merchandise on board.
[241] This survey was made pursuant to Stat. 18 Henry VI. The result of the transaction would have delighted the "mercantile" theorist.
34. An Offence against Stat. 18 Henry VI. for the Hosting of Aliens [Exch. K.R. Accounts, 128, 31, m. 28], 1440.
I, Stephen Stychemerssh, citizen of the city of London, certify your reverences, the venerable and discreet barons of the Exchequer of the most excellent prince, our lord the King, and all whose interest it is, that on the fifth day of the month of April in the 18th year of the reign of King Henry the Sixth, there were assigned to me, the aforesaid Stephen, by Robert Large, then mayor of the city aforesaid, Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, their clerks, merchant strangers, to be under me, the aforesaid Stephen, as their host, to survey all and singular merchandise brought and hereafter to be brought by the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus into the city aforesaid and the suburbs of the same; and upon the assignment aforesaid so made by the aforesaid late mayor, I, the aforesaid Stephen Stychemerssh, went to the aforesaid Surlio, Baptista, Teras, John, Raphael and Jeronimus on the eighth day of April in the said 18th year in the parish of St. Peter in the ward of Bread Street, requiring them to be under my survey and governance according to the form of a Statute [published in the Parliament] holden at Westminster in the said 18th year; which Surlio Spyngell, Baptista Spyngell, Teras Spyngell, John Bryan, Raphael and Jeronimus, though often required by me and after the corporal pain of imprisonment had been inflicted by the aforesaid late mayor and other warnings put upon them, have altogether neglected and contemned and still neglect and contemn to obey or observe the aforesaid statute or ordinance, alleging for themselves certain letters patent[242] of the lord the king under his great seal to them and other merchants of Genoa of a licence granted to them by the said lord the King not to be under any such host, so that touching their merchandise brought from the said fifth day of the month of April or touching the sales of the same merchandise nothing at present has been done by me, nor could I have any knowledge thereof, contrary to the form of the statute or ordinance aforesaid.[243]
[242] Patent Roll, 18 Henry VI., p. 3, m. 22 (1440).
[243] This document illustrates the difficulty of the legislature in its attempts at national regulation. A mediæval statute was not a dead letter, but competed perforce with local liberty and royal prerogative. The crown at once collected fines for breaches of a statute and fees for exemption from its operation.
35. Imprisonment of an Alien Craftsman [Early Chancery Proceedings, 11, 455], c. 1440.
To the right reverend father in God, the bishop of Bath and Wells, Chancellor of England.
Meekly beseecheth your good and gracious lordship your continual orator, Henry Wakyngknyght, goldsmith, tenderly to consider that whereas he, by the Mayor's commandment of London, caused by the subtle suggestion of the Wardens of the Craft of Goldsmiths of London, now late is imprisoned within the Counter in Bread Street, no cause laid against him but only that he is a stranger born, occupying his craft in London, so utterly intending to keep him still in prison for ever to his utter destruction and undoing—howbeit your said orator occupieth not his said craft openly in shops but privily, in no derogation of any franchise or custom of the goldsmiths of London—without your gracious lordship to him be shewed in this behalf. Wherefore please it your said gracious lordship, the premises considered, and also the holy time of Easter now coming, to grant unto your said orator a corpus cum causa directed to the Mayor and Sheriffs of London, commanding them by the same to bring up the body of the said Henry with the cause of his arrest before your lordship into the King's Chancery at a certain day by your lordship to be limited, there to answer in the premises as reason and conscience shall require, for the love of God and in way of charity.
[Endorsed.] Before the lord the King in his Chancery on Monday next, to wit, 23 March.
36. Petition against Usury [Parliament Roll, 50 Edward III, No. 158], 1376.
Further, the commons of the land pray that whereas the horrible vice of usury is so spread abroad and used throughout the land that the virtue of charity, without which none can be saved, is wellnigh wholly perished, whereby, as is known too well, a great number of good men have been undone and brought to great poverty: Please it, to the honour of God, to establish in this present Parliament that the ordinance[244] made in the city of London for a remedy of the same, well considered and corrected by your wise council and likewise by the bishop of the same city, be speedily put into execution, without doing favour to any, against every person, of whatsoever condition he be, who shall be hereafter attainted as principal or receiver or broker of such false bargains. And that all the Mayors and Bailiffs of cities and boroughs throughout the realm have the same power to punish all those who shall be attainted of this falsity within their bailiwicks according to the form of the articles comprehended in the same ordinance. And that the same ordinance be kept throughout all the realm, within franchises and without.
Answer.—Let the law of old used run herein
[244] Ordinance dated 1363. See Cunningham, Growth of English Industry and Commerce, Mediæval Times, p. 361 n.
37. Action upon Usury [Early Chancery Proceedings, 64, 291],[245] c. 1480.
To the right reverend father in God, the Bishop of Lincoln and Chancellor of England.
Right humbly beseecheth unto your lordship your Orator William Elryngton of Durham, mercer, that whereas he now 4 years past and more had for a stock of one Richard Elryngton the sum of 30l., wherefore your said Orator was by his obligation bounden unto the said Richard in 40l. and odd silver; which sum of 30l. your said Orator should have to be employed in merchandise, during the space of 7 years, yielding yearly unto the said Richard, for the loan thereof 4l. of lawful money of England, and at the 7 years' end to yield whole unto the said Richard the said sum of 30l.; whereupon your said Suppliant occupied the said sum by the space of 2 years, and paid yearly unto the said Richard 4l.; and after that your said Orator, remembering in his conscience that that bargain was not godly nor profitable, intended and proffered the said Richard his said sum of 30l. again, which to do he refused, but would that your said Orator should perform his bargain. Nevertheless, the said Richard was afterward caused, and in manner compelled, by spiritual men to take again the said 30l., whereupon before sufficient record the said Richard faithfully promised that the said obligation of 40l. and covenants should be cancelled and delivered unto your said Orator, as reason is. Now it is so that the said Richard oweth and is indebted by his obligation in a great sum of money to one John Saumpill, which is now Mayor of Newcastle, wherefore now late the said Richard, by the mean of the said mayor, caused an action of debt upon the said obligation of 40l. to be affirmed before the mayor and sheriff of the said Town of Newcastle, and there by the space almost of 12 months hath sued your said Orator, to his great cost, and this against all truth and conscience, by the mighty favour of the said mayor, by cause he would the rather attain unto his duty, purposeth now by subtle means, to cast and condemn wrongfully your said Orator in the said sum of 40l., to his great hurt and undoing, without your special lordship be unto him shewed in this behalf, wherefore please it your said lordship to consider the premise, thereupon to grant a certiorari, direct unto the Mayor and Sheriff of the said Town, to bring up before you the cause, that it may be there examined and ruled as conscience requireth, for the love of God and in way of charity.
[245] Printed in Abram's Social England, 215.
TAXATION CUSTOMS AND CURRENCY [For feudal taxation see Section II.]
1. Form of the taxation of a fifteenth and tenth, 1336—2. Disposition of a subsidy of tonnage and poundage, 1382—3. The king's prise of wines, 1320—4. The custom on wool, 1275—5. The custom on wine, 1302—6. The custom on general imports, 1303—7. Administration of the search, 1303—8. Provision for the currency and the search, 1335—9. Opinions on the state of English money, 1381-2.
The following documents illustrate in the first place the sources of royal revenue other than (a) the direct rents accruing to the King as a great landlord, (b) the payments due to him as feudal overlord, and (c) the profits of justice and administration, Nos. 1 and 2 representing the ordinary forms of Parliamentary grants, and Nos. 3 to 6 the prerogative right of the Crown to payments for the privilege of commercial intercourse by way of prise or custom; and in the second place the continuous efforts of mediæval governments to secure a good and easy currency (Nos. 7 to 9), a problem which they failed to solve either by the direct method of forbidding the export and controlling the import of money, or by the indirect method of insisting on the exchange of goods for goods by alien merchants frequenting the realm.
AUTHORITIES
The principal modern writers dealing with the subject of this section are:—Dowell, History of Taxation and Taxes in England; Stubbs, Constitutional History; Hall, Customs Revenue; Shaw, History of Currency; Crump & Hughes, English Currency (Economic Journal, V.).
Contemporary authorities:—Wolowski, Traité de Nicholas Oresme.
1. Form of the Taxation of a Fifteenth and Tenth [Fine Roll, 10 Edward III, m. 13], 1336.
This is the form which the assessors and taxers of the fifteenth, granted to our lord the King in his Parliament holden at Westminster on the Monday next after Sunday in mid-Lent last past, in the tenth year of his reign, by the earls, barons, freemen and the commonalties of all the counties of the realm, and also of the tenth there granted to our said lord the King in all the cities, boroughs and the ancient demesnes of the King, of the same realm, from all their goods which they had on the day of the said grant, ought to observe, and thereby to assess, tax, collect and levy the same fifteenth and tenth in the counties of Northumberland, Cumberland and Westmoreland, to wit, that the chief taxers without delay cause to come before them from each city, borough and other town of the counties, within franchise and without, the more lawful and wealthier men of the same places in such number that therefrom the chief taxers may sufficiently choose four or six of each town, or more if need be, at their discretion, by whom the said taxation and that which pertains thereto to be done may best be done and accomplished; and when they shall have chosen such, then they shall cause them to swear on the Holy Gospels, to wit, those of each town by themselves, that those so sworn will lawfully and fully enquire what goods each man of the same towns had on the said day within house and without, wheresoever they be, without any favour, upon heavy forfeiture, and will lawfully tax all those goods, wheresoever they have come from then till now by sale or otherwise, according to the true value, save the things below excepted in this form, and will cause them to be listed and put on a roll indented quite fully as speedily as they can, and to be delivered to the chief taxers one part under their seals, and retain by themselves the other part under the seals of the chief taxers, and when the chief taxers shall have in such wise received the indentures of those who shall be sworn to tax in cities boroughs and other towns, the same chief taxers shall lawfully and minutely examine such indentures, and if they discover that there is any defect they shall forthwith amend it, so that nothing be concealed, neither for gift nor for reward of a person taxed less than reason requires; and the King wills that the chief taxers go from hundred to hundred and from town to town, where need shall be, to survey and enquire that the subtaxers in the same towns have fully taxed and valued the goods of every man, and if they find anything concealed, amend it forthwith and cause the Treasurer and Barons of the Exchequer to know the names of those who shall have so trespassed, and the manner of their misdeed; and the taxation of the goods of the subtaxers of the towns shall be made by the chief taxers and by other good men whom they choose so to do, so that their goods be well and lawfully taxed in the same manner as those of others. The taxation of the goods of the chief taxers and of their clerks shall be reserved to the Treasurer and Barons of the Exchequer. And the chief taxers, as soon as they shall have received the presentment of the subtaxers shall cause the fifteenth and tenth to be levied to the use of the King without delay and without doing favour to any man, in the form which is enjoined upon them by the commission. And they shall cause to be made two rolls of the said taxation agreeing in all points, and retain the one by them to levy the taxation and have the other at the Exchequer at the feast of St. Peter's Chains next coming, on which day they shall make their first payment. And be it known that in this taxation of the goods of the commonalty of all the counties there shall be excepted armour, mounts, jewels and robes for knights and gentlemen and their wives, and their vessels of gold and silver and brass, and in cities and boroughs shall be excepted a robe for the man and another for his wife and a bed for both, a ring and a buckle of gold or silver, and a girdle of silk, which they use every day, and also a bowl of silver or of mazer from which they drink. And the goods of lepers, where they are governed by a superior who is a leper, shall not be taxed or taken, and if the lepers be governed by a sound master, their goods shall be taxed like those of others. And be it remembered that from people of counties out of cities, boroughs and the king's demesnes whose goods in all exceed not the value of 10s., nothing shall be demanded or levied; and from the goods of people of cities, boroughs and the king's demesnes, which exceed not the value of 6s. in all, nothing shall be demanded or levied.
2. The Disposition of a Subsidy of Tonnage and Poundage [K.R. Customs Accounts, 159, 4], 1382.
This indenture made between Thomas Beaupyne of Bristol and John Polymond of Hampton appointed in Parliament to make order for the safe keeping of the sea by means of the subsidy of 6d. in the pound and 2s. on the tun [of wine] on the coasts of the west, granted in the said Parliament for the same cause, of the one part, and William Bast of the other part, witnesseth that the said William has received from the said Thomas and John 180l. of the said subsidy to find a ship and a barge of 180 men to serve our lord the King on the sea for a quarter of a year, the said quarter beginning on Michaelmas Day next or within fifteen days after, as he shall deem best to be done, by the testimony of the mayor of Dartmouth or the admiral's lieutenant in those parts, taking from the commencement of the said voyage 20s. for each man for the said quarter, together with all the profit that he may seize from enemies in the mean time without impeachment, according to the form ordained and agreed upon in the said Parliament, to be on the sea for the preservation of English shipping according to their power, without making for the land of England unless it be through tempest of the sea or other reasonable cause during the said quarter; for the good and lawful performance of which voyage in the manner abovesaid the said William hereby binds himself, his heirs and executors, and all his goods and chattels, moveable and immoveable, to our said lord the King to perform the said voyage as is abovesaid; and the survey of the number of the said men, according to the form of this indenture, shall be made and witnessed by the admiral in those parts or his lieutenant. In witness whereof to these indentures the parties aforesaid have interchangeably put their seals. Written at Exeter, 24 August in the sixth year of the reign of King Richard the Second after the Conquest.
3. The King's Prise of Wines [Fine Roll, 13 Edward II, m. 3], 1320
The King to his beloved clerk, Roger de Northburgh, keeper of his wardrobe, greeting. Whereas we lately confirmed certain ordinances made of late by the prelates and chiefs of our realm, and commanded the same to be observed in all and singular their articles, and in those ordinances it is contained that all gifts and grants made by us to our loss and to the diminution of our crown after 16 March in the third year of our reign, on which day we made our commission to the aforesaid prelates and chiefs touching the making of the said ordinances, ... be wholly revoked, and afterwards we granted to Stephen de Abindon, our butler, our right prise of wines one tun of wine before the mast and one tun of wine behind the mast, at our will, he paying to the merchants from whom he should receive those wines in our name 20s. for each piece and 20s. to us for each piece in our wardrobe; which grant was made after the said 16 March, and is known to redound to our damage: We, wishing the said ordinances to be duly put into execution in this behalf, command you that you fully charge Stephen, in his account of the things pertaining to his office of butler to be rendered before you, with the wines of our right prise aforesaid for the whole time in which the same Stephen was our butler, notwithstanding our grant aforesaid and our commands afterwards following hereon. Witness the King at Odiham, 23 May[246].
By the council.
[246] The prise of wines was the royal right, limited at least from the time of Edward I., of purchasing 2 tuns of wine from every ship at the rate of 20s. a tun, whatever the market price might be; 60s. a tun was a normal price in the 14th century (see K.R. Accounts, 77. 21). The value of this grant to Stephen is obvious.
4. The Custom on Wool [Fine Roll, 3 Edward I, m. 24], 1275.
For the new custom which is granted by all the great men of the realm and at the prayer of the communities of the merchants of all England, it is provided that in every county in the largest town where there is a port two of the more lawful and able men be elected, who shall have one piece of a seal in keeping, and one man who shall be assigned by that King shall have another piece; and they shall be sworn that they will lawfully receive and answer for the King's money, that is to say, on each sack of wool ½ mark, and on each 300 fells which make a sack ½ mark, and on each last[247] of hides 1 mark, that shall go out of the realm, as well in Ireland and Wales as in England, within the franchise and without. Furthermore in every port whence ships can sail there shall be two good men sworn that they will not suffer wools, fells or hides to leave without letters patent sealed with the seal which shall be at the chief port in the same county; and if there is any man who goes otherwise therewith out of the realm, he shall lose all the chattels which he has and his body shall be at the King's will. And forasmuch as this business cannot be performed immediately, it is provided that the King send his letters to every sheriff throughout all the realm, and cause it to be proclaimed and forbidden through all the counties that any man, upon forfeiture of his body and of all his chattels, cause wools, fells or hides to be taken out of the land before the feast of Trinity this year, and thereafter by letters patent sealed with the seals as is aforesaid, and not otherwise, upon the aforesaid forfeitures. And the King has granted of his grace that all lordships, through the ports whereof wools or hides shall pass, shall have the forfeitures when they are incurred, each in its port, saving to the King ½ mark on each sack of wool and fells, and 1 mark on each last of hides.[248]
[247] 12 dozen.
[248] This and the two following documents fix the normal rates of customs on exported and imported goods for the mediæval period. The custom on wools, woolfells and hides, came to be known as the great or ancient custom.
5. The Custom on Wine [Charter Roll, 30 Edward I, m. 2], 1302
The King to Archbishops, etc., greeting. Touching the prosperous estate of the merchants of our duchy aforesaid [Aquitaine] a special care weighs upon us, in what wise under our lordship the immunity of tranquillity and full security may be secured to the same merchants for times to come; so, therefore, that their desires may be the more abundantly increased to the service of us and our realm, we, favourably inclining to their petitions, for the fuller assurance of their estate, have deemed fit to ordain and to grant to the same merchants for us and our heirs for ever in the form that follows:
First, that all merchant vintners of the duchy aforesaid, safely and securely, under our defence and protection, may come into our said realm of England and everywhere within our power with wines and other merchandise whatsoever and that within the same our realm and power, in cities, boroughs and market-towns, they may traffic in gross[249] as well with denizens or inhabitants of the same realm as with aliens, strangers or friends (privatis), and that they may take or carry whither they will, as well within our realm and power aforesaid as also without, their merchandise which they shall happen to bring into the same our realm and power or to buy or otherwise acquire within the same our realm and power, and to do their will therewith, paying the customs which they shall owe, except only wines, which it shall not be lawful for them in any wise to take out of the same our realm and power without our will.
Further, that the said merchant vintners of the said duchy may lodge at their will in the cities and towns aforesaid, and stay with their goods at the pleasure of those to whom the inns or houses belong.
Further, that every contract entered upon by the same vintners with any persons, whencesoever they be, touching all manner of merchandise, be valid and stable, so that neither of the merchants may disown that contract or withdraw from the same, after God's penny[250] shall have been given and received between the contractors. And if by chance a dispute arise on such a contract, proof shall be made thereof according to the uses and customs of the fairs and towns where the said contract shall happen to be made and entered upon.
Further, we remit and quit to the said merchants of the said duchy that ancient prise of two tuns of wine which we used to take from every ship laden with wines touching within our realm or power, one, to wit, before the mast, and the other behind, promising further and granting to the same merchants for us and our heirs for ever that we will in no wise hereafter against the will of the same merchants make or suffer to be made the aforesaid prise or any other of wines or other their wares by us or another or others for any necessity or chance, without payment to be made forthwith according to the price at which the said merchants will sell wines and other wares to others, or other satisfaction wherewith they shall count themselves content, so that a valuation or estimation be not put upon their wines or other wares by us or our ministers.
Further, that on each tun of wine gauged, as the seller of the wine shall be bound to supply that which it lacks from the gauge, so he shall be satisfied by the buyer of that which is over the gauge according to the price at which the tun of wine shall be sold.
Further, that as soon as ships with new wines touch within our realm and power, old wines, wheresoever they be found in towns or other places to which the said ships shall come, shall be viewed and proved, if they be whole and also uncorrupt, and of those who shall view the said wines, one moiety shall be of merchant vintners of the duchy aforesaid, and the other of good men of the town where this shall be done, and they shall be sworn to do the premises faithfully and without fraud, and they shall do the accustomed justice with corrupt wines.
Further, whereas it was of old time accustomed and used that the buyer and seller should pay 1d. for each tun for gauge, each of them, to wit, ½d., let it be so done hereafter and observed for a custom.
Further, we will that all bailiffs and ministers of fairs, cities, boroughs and market-towns, do speedy justice to the vintners aforesaid who complain before them of wrongs, molestations done to them, debts and any other pleas, from day to day without delay according to the Law Merchant, and if by chance default be found in any of the bailiffs or ministers aforesaid, whereby the same vintners or any of them shall sustain the inconveniences of delay, although the vintner recover his damages against the party in principal, nevertheless the bailiff or other minister shall be punished by us as his guilt demands, and that punishment we grant by favour to the merchant vintners aforesaid to hasten justice for them.
Further, that in all sorts of pleas, saving the case of a crime for which the penalty of death is inflicted, where a merchant vintner of the duchy aforesaid shall be impleaded or shall implead another, of whatsoever condition he who is impleaded shall be, stranger or native, in fairs, cities, or boroughs where there shall be a sufficient number of merchant vintners of the duchy aforesaid, and inquest should be made, one moiety of the inquest shall be of such merchant vintners of the duchy aforesaid, and the other moiety of other good and lawful men of that place where that plea shall happen to be, and if it shall happen that a sufficient number of merchant vintners of the duchy aforesaid be not found, there shall be put on the inquest those who shall be found there sufficient of themselves, and the residue shall be of other good and sufficient men of the places in which that plea shall be.
Further, that no other exaction or charge of prest shall be in any wise put upon the wines of the said merchants.
Further, we have deemed fit to ordain, and we will that ordinance for us and our heirs for ever to be straitly observed, that for any liberty soever which we or our heirs shall grant hereafter, the aforesaid merchant vintners shall not lose the above written liberties or any of them; willing that those liberties extend only to the said merchant vintners of our duchy aforesaid. But for the abovesaid liberties and free customs the merchant vintners aforesaid have granted to us that on each tun of wine which they shall bring or cause to be brought within our realm or power, and whereon they shall be bound to pay freight to mariners, they shall pay by name of custom to us and our heirs, beyond the ancient customs due and paid in money whether to us or to others, 2s. within forty days after the same wines be put ashore out of the ships. And we will that the aforesaid merchant vintners, in respect of wines whereon they shall have paid to us the aforesaid custom of 2s. in one place of our realm or elsewhere within our power, shall be entirely free and quit of payment of the aforesaid custom of 2s. in all other places of our said realm and power; provided that for other merchandise whatsoever which they shall happen to employ within our realm and power they be held to pay to us the same customs which the rest of the merchants shall pay to us for such merchandise. These witnesses:—the venerable father, W. bishop of Coventry and Lichfield, John de Warenna, earl of Surrey, Roger le Bygod, earl of Norfolk and marshal of England, John de Britannia, Hugh le Despenser, William de Brewosa, Walter de Bello Campo, steward of our household, Roger le Brabazon, John de Merk and others. Given by the King's hand at Westminster, 13 August.