[262] Similar letters are addressed to other Commissioners directing them to make similar inquiries in other parts of the country. The Commission was appointed by Wolsey. Its returns are important as a source of information both on the said conditions of the period and on the administrative methods of the Tudor statesmen (see Leadam, Domesday of Enclosures) and subsequent Commissions were appointed in 1548, 1566, 1607, 1632, 1635, and 1636, the last three being prompted partly by the desire to raise money by means of fines.
15. An Act Concerning Farms and Sheep [25 Hen. VIII, c. 13. Statutes of the Realm, Vol. III, p. 451], 1533-4.
Forasmuch as divers and sundry [persons] of the king's subjects of this realm, to whom God of his goodness hath disposed great plenty and abundance of moveable substance, now of late within few years have daily studied, practised and invented ways and means how they might accumulate and gather together into few hands as well great multitude of farms as great plenty of cattle and in especial sheep, putting such lands as they can get to pasture and not to tillage, whereby they have not only pulled down churches and towns and enhanced the old rates of their rents of the possessions of this realm, or else brought it to such excessive fines that no poor man is able to meddle with it, but also have raised and enhanced the prices of all manner of corn, cattle, wool, pigs, geese, hens, chickens, eggs and such other almost double above the prices which hath been accustomed, by reason whereof a marvellous multitude and number of people of this realm be not able to provide meat, drink and clothes necessary for themselves, their wives and children, but be so discouraged with misery and poverty that they fall daily to theft, robbery and other inconvenience, or pitifully die for hunger and cold; and as it is thought by the King's most humble and loving subjects that one of the greatest occasions that moveth and provoketh those greedy and covetous people so to accumulate and keep in their hands such great portions and parties of the grounds and lands of this realm from the occupying of the poor husbandmen, and so to use it in pasture and not in tillage, is only the great profit that cometh of sheep, which now be coming to a few persons' hands of this realm in respect of the whole number of the King's subjects, that some have 24 thousand, some 20 thousand, and some more and some less, by which a good sheep for victual that was accustomed to be sold for 2s. 4d. or 3s. at the most, is now sold for 6s. 5s. or 4s. at the least; and a stone of clothing wool that in some shires of this realm was accustomed to be sold for 18d. or 20d. is now sold for 4s. or 3s. 4d. at the least, and in some countries where it hath been sold for 2s. 4d. or 2s., or 3s. at the most, it is now sold for 5s. or 4s. 8d. at the least, and so raised in every part of this realm; which things thus used be principally to the high displeasure of Almighty God, to the decay of the hospitality of this realm, to the diminishing of the King's people, and to the hindrance of the clothmaking, whereby many poor people hath been accustomed to be set on work, and in conclusion if remedy be not found it may turn to the utter destruction and dislocation of this realm, which God defend; it may therefore please the King's Highness of his most gracious and godly disposition, and the Lords Spiritual and Temporal of their goodness and charity, with the assent of the Commons in this present parliament assembled, to ordain and enact by authority of the same, that no person or persons from the feast of St. Michael the Archangel which shall be in the year of Our Lord God 1535 shall keep occupy or have in his possession in his own proper lands, nor in the possession, lands or grounds of any other which he shall have or occupy in farm, nor otherwise have of his own proper cattle in use, possession or property, by any manner of means, fraud, craft or covyn, above the number of 2,000 sheep at one time within any part of this realm of all sorts and kinds, upon pain to lose and forfeit for every sheep that any person or persons shall have or keep above the number limited by this act, 3s. 4d., the one half to the King our Sovereign Lord, and the other half to such person as will sue for the same.... It is also further enacted by authority aforesaid that no manner person after the said feast of the nativity of Our Lord shall receive or take for term of life, years or at will, by indenture, copy of court roll or otherwise, any more houses, tenements of husbandry, whereunto any lands are belonging in town, village, hamlet or tithing within this realm above the number of two such holds or tenements; and that no manner person shall have or occupy any such holds so newly taken to the number of two as is before expressed, except he or they be dwelling within the same parishes where such holds be, upon the pain of forfeiture for every week that he or they shall have, occupy, or take any profits of such holds contrary to this act 3s. 4d., the moiety of which forfeiture to be to the King our Sovereign Lord and the other moiety to the party that will sue for the same.....
16. Intervention of Privy Council under Somerset to Protect Tenants[263] [Acts of Privy Council, p. 540], 1549.
28 June, 1549.
An Order taken upon complaint made to the Lord Protector and other of the King's Majesty's Privy Council for the town of Godmanchester.
First, all and every person within the said town having any more houses of habitation than one in his possession, or any site of a house whereupon a house of habitation hath been with [in] [blank] years standing, shall at and before the Feast of St. Michael in the year of our Lord God 1549 let or demise every the said house with the land thereto accustomed, besides one, to a convenient person, if any that shall require, upon the usual rent, and upon every site now having no house of habitation shall before the said Feast of St. Michael in the same year build a house for habitation and thereto allot so much as thereto was heretofore belonging, and the same shall let and demise, if any that will hire, upon the accustomed rent.
Item, every person having converted any house or habitation unto any other use shall before Michaelmas next coming revert to the use of habitation as it was before, and the same shall let to any which that require upon the accustomed rent, and every person forthwith shall for every house of habitation, decayed site of habitation, and for every house of habitation converted to other use during the time of his possession, maintain and keep the King's watch and other common charges of the town in like manner as hath been heretofore of them used.
Item, whereas there is a great number of acres, lately belonging to certain gilds there, it is ordered that the same shall be divided to the inhabitants thereof in this manner; that is to say, to every ploughland 5 acres, and to every cottage or artificer there dwelling, or which hereafter upon the houses to be new builded shall dwell, one acre; and if the number do not extend, then every ploughland 4, and so for lack of that rate every ploughland 3; and the residue of the said acres falling after that rate to be divided amongst the cottages, paying for every of the said acres 3s. 4d. and above.
Item, also whereas there be certain groves of wood destroyed and turned to pasture in the same town, every such grove being so altered shall be by the owner thereof again (having been so altered within this 20 years before Michaelmas next coming) enclosed and preserved for wood, saving so much of the same to be reserved for a high way for the owner as in those cases the like is there used, the same high way to be severed by hedge from the rest of the grove; and where the groves be so destroyed that there remaineth no hope of growth, the owner thereof shall before the next season following meet for the same set it with wood or sow it with acorns or otherwise as the same may best be for growth of wood.
Provided nevertheless if any manner person have converted any house of habitation or any site of habitation to his necessary use about his own house, so that the same should be great inconvenience to be reverted to the first and old use, then in that case the owner shall be discharged if he for every such habitation so altered do build a like house in some other convenient like place, and the same to use to all purposes as before is said of the like.
The bailiffs be commanded to bring their grant by charter to the Lord Protector at All Hallow tide next coming.
For the observation of which orders the bailiffs and others of that town be bound in recognisance before the said Protector and Council.
Henry Frear } Have acknowledged and each of them has
Thomas Trecy } acknowledged that they owe to the Lord
John Clark } the King by themselves 100l. sterling.
Upon condition to perform the articles above mentioned.
[263] For Somersets popular agrarian policy, see Pollard, The Protector Somerset, and, especially, the introduction to the Commonwealth of this Realm of England (edited by Lamond).
17. An Act for the Maintenance of Husbandry and Tillage [39 Eliz. c. 2, Statutes of the Realm, Vol. IV., Part II. pp. 893-96], 1597-8.
Whereas the strength and flourishing estate of this kingdom hath been always and is greatly upheld and advanced by the maintenance of the plough and tillage, being the occasion of the increase and multiplying of people both for service in the wars and in times of peace, being also a principal means that people are set on work, and thereby withdrawn from idleness, drunkenness, unlawful games and all other lewd practices and conditions of life; and whereas by the same means of tillage and husbandry the greater part of the subjects are preserved from extreme poverty in a competent estate of maintenance and means to live, and the wealth of the realm is kept dispersed and distributed in many hands, where it is more ready to answer all necessary charges for the service of the realm; and whereas also the said husbandry and tillage is a cause that the realm doth more stand upon itself, without depending upon foreign countries either for bringing in of corn in time of scarcity, or for vent and utterance of our own commodities being in over great abundance; and whereas from the 27th year of King Henry VIII of famous memory, until the five and thirtieth year of Her Majesty's most happy reign, there was always in force some law which did ordain a conversion and continuance of a certain quantity and apportion of land in tillage not to be altered; and that in the last parliament held in the said five and thirtieth year of her Majesty's reign, partly by reason of the great plenty and cheapness of grain at that time within this realm, and partly by reason of the imperfection and obscurity of the law made in that case, the same was discontinued; since which time there have grown many more depopulations, by turning tillage into pasture, than at any time for the like number of years heretofore: Be it enacted ... that whereas any lands or grounds at any time since the seventeenth of November in the first year of Her Majesty's reign have been converted to sheep pastures or to the fattening or grazing of cattle, the same lands having been tillable lands, fields or grounds such as have been used in tillage by the space of twelve years together at the least next before such conversion, according to the nature of the soil and course of husbandry used in that part of the country, all such lands and grounds as aforesaid shall, before the first day of May which shall be in the year of Our Lord God 1599, be restored to tillage, or laid for tillage in such sort as the whole ground, according to the nature of that soil and course of husbandry used in that part of the country, be within three years at the least turned to tillage by the occupiers and possessors thereof, and so shall be continued for ever.
And be it further enacted by the authority aforesaid, that all lands and grounds which now are used in tillage or for tillage, having been tillable lands, fields or grounds, such as next before the first day of this present parliament have been by the space of twelve years together at the least used in tillage or for tillage, according to the nature of the soil and course of husbandry used in that part of the country, shall not be converted to any sheep pasture or to the grazing or fattening of cattle by the occupiers or possessors thereof, but shall, according to the nature of that soil and course of husbandry used in that part of the country, continue to be used in tillage or for tillage for corn or grain, and not for waste.... And be it enacted by the authority aforesaid, that if any person or body politic or corporate shall offend against the premises, every such person or body politic or corporate so offending shall lose and forfeit for every acre not restored or not continued as aforesaid, the sum of twenty shillings for every year that he or they so offend; and that the said penalties or forfeitures shall be divided in three equal parts, whereof one third part to be to the Queen's Majesty, her heirs and successors to her and their own use (and) one other third part to the Queen's Majesty, her heirs and successors for relief of the poor in the parish where the offence shall be committed ... and the other third part to such person as will sue for the same in any court of record at Westminster.... Provided also, that this act shall not extend to any counties within this realm of England, but such only as shall be hereafter specified; that is to say, the counties of Northampton, Leicester, Warwick, Buckingham, Bedford, Oxford, Berkshire, the Isle of Wight, Gloucester, Worcester, Nottingham, Hampshire, Wiltshire, Somerset, Dorset, Derby, Rutland, Lincoln, Hereford, Cambridge, Huntingdon, York, Pembroke in South Wales, and the Bishopric of Durham and Northumberland, and the counties of all the cities and corporations lying situate and being within the counties aforesaid, or confining to the same, and the Ainsty of the county of the city of York.
18. Speech in House of Commons on Enclosures [Hist. MSS. Com. MSS. of Marquis of Salisbury, Part VII, pp. 541-3], 1597[264].
But now, as if all these wrongs should be redressed, and all the cries and curses of the poor should be removed, it hath pleased you, Mr. Speaker, to exhibit this bill to our view as a complete remedy. I will not say 'it is worse than the disease.' But this I may truly say, 'It is too weak for the disease!' Three things I find exactly and providently respected. First, that the law is general, without exception, drawing in the purchaser as well as the first offender, whereat, howsoever some may shake their heads, as pressed with their own grief, yet is there no new imposition charged upon them, but such as is grounded upon the common law. For being without contradiction that this turning of the earth to sloth and idleness, whereby it cannot fructify to the common good, is the greatest and most dangerous nuisance and damage to the common people, the law hath provided that the treasure of wickedness shall profit nothing, but that the nuisance shall be reformed in the hands of the people that come in upon the best consideration.... And 26 Eliz. in the Exchequer, in Claypole's case, an exhibition was exhibited upon the Statute of 4 Hen. VII[265] against a purchaser for converting of tillage into pasture, and adjudged good, though the purchaser were not the converter, but only a contriver of the first conversion. So as this new law tends but for an explanation of the old, that every one by the eye may be informed what ought by the hand to be amended. Nay, though it be not fit, Mr. Speaker, to be published among the ruder sort, who, if they were privy to their own strength and liberty allowed them by the law, would be as unbridled and untamed beasts, yet is it not unfit to be delivered in this place of council, that is, that where the wrong and mischief spreads to an universality, there the people may be their own justices, as in 6 Ed. II and 8 Ed. III Ass. 154 and 447 it is adjudged that if a wall be raised atraverse the way that leadeth to the Church all the parishioners may beat it down, and 9 Ed. IV 445, if the course of a water that runs to a town be stopped or diverted all the inhabitants may break it down. Are the people thus interested in the Church wherein their souls are fed, and shall we not think them to be as deeply interested in the corn and increase of the earth that feeds and maintains their bodies? Therefore most wisely hath the gentleman that penned the law pressed the case upon the purchaser that he plough, lest the people plot to circumvent him.
The second thing so well provided is ... that it turns one eye backward to cure the ancient complaints and old festered disease of dearth and scarcity that hath been so long among us, and turns the other eye forward to cut out, as it were, the core that might draw on hereafter mischiefs of the same nature; where the gentleman that framed this bill hath dealt like a most skilful chirurgien, not clapping on a plaster to cover the sore that it spread no further, but searching into the very depths of the wound, that the life and strength which hath so long been in decay by the wasting of towns and countries may at length again be quickened and repaired.
The third thing most politicly respected is the intercourse and change of ground to be converted into tillage, keeping a just proportion. For it fareth with the earth as with other creatures that through continual labour grow faint and feeble-hearted, and therefore, if it be so far driven as to be out of breath, we may now by this law resort to a more lusty and proud piece of ground while the first gathers strength, which will be a means that the earth yearly shall be surcharged with burden of her own excess. And this did the former lawmakers overslip, tyeing the land once tilled to a perpetual bondage and servitude of being ever tilled.
But this threefold benefit I find crossed and encountered with a fourfold mildness and moderation fit to have a keen edge and sharpness set upon it, wherein I acknowledge my master that drew this project to have shewed himself like a tender-hearted physician, who coming to a patient possessed and full of corrupt and evil humours, will not hastily stir the body, but apply gentle and easy recipes. But surely, Mr. Speaker, a desperate disease must have a desperate medicine, and some wounds will not be healed but by incision.
The first moderation I mislike in this new law is that the most cunning and skilful offender shall altogether slip the collar; for if a man have decayed a whole town by enclosures, and hath rid his hand of it by exchange with Her Majesty, taking from her ancient enclosed pastures naturally yielding after the rate that his forced enclosed ground can yield upon such corrupt improvement, and to justify the true value shall take a lease back again of the Queen, the man is an occupier within the words of this law. But by your favour, Mr. Speaker, not within the intent of this law to plough this new enclosure, because Her Majesty is in reversion, and this law doth not extend neither to her nor to her farmers. And that none might escape it were good that all of this kind might be enforced either to a contribution toward the poor,[266] who are chiefly wronged, or to the breaking up of the grounds he received from Her Majesty because they come in lieu of the former.
The second moderation that would be amended is in the imposition of the pain ... which is but 10s. yearly for every acre not converted. By your favour, Mr. Speaker, it is too easy: and I will tell you, Sir, the ears of our great sheep-masters do hang at the door of this house, and myself have heard since this matter grew in question to be reformed, that some, enquiring and understanding the truths of the penalty, have prepared themselves to adventure 10s. upon the certainty of the gain of 30s. at the least. The third moderation is in the exception that exempts grounds mown for hay to be converted into tillage. And, if it please you, Sir, the first resolutions our enclosed gentlemen have is to sort and proportion their grounds into two divisions, the one for walks whereon their sheep may feed in the fresh summer, the other for hay whereon their sheep may feed in the hard winter; so that these grounds that carry hay have been as oil to keep the fire flaming and therefore no reason why they should be shielded and protected from the ploughshare.
The fourth moderation is that after this reconversion there is no restraint, but that every one may keep all the land ploughed in his own hands; whereupon will follow that as now there is scarcity of corn and plenty of such as would be owners, so then there will be plenty of corn, but scarcity of such as can be owners. For until our gentlemen that now enclose much, and then must plough much, shall meet with more compassion toward the poor than they have done, their small will be as small as it hath been, and then every one will be either an engrosser under false pretence of large housekeeping, or else a transporter by virtue of some license he will hope to purchase. And therefore it were good that every one should be rated how much he should keep in his own hands, and that not after the proportions of his present estimation; as, if a man hath lifted up his countenance by reason of this unnatural and cruel improvement after the rate of a gentleman of a thousand pounds by year, where the same quantity of land before would yield but a hundred pounds by year, I would have this man ruled after his old reckoning....
We sit now in judgment over ourselves: therefore as this bill entered at first with a short prayer 'God speed the plough.' so I wish it may end with such success as the plough may speed the poor.
(Endorsed: 1597. To Mr. Speaker against enclosures.)
[264] Two Acts against depopulation were passed in this year, 39 Eliz., c. 1, and 39 Eliz., c. 2 (see No. 17 of this section). The name of the member making the following speech is not known.
[265] 4 Hen. VII, c. 19, by which all occupiers of 20 acres and upwards which have been tilled for the last three years are to maintain them in tillage.
[266] For the exaction of such a contribution see Section IV, No. 20 of this Part.
19. Speeches in House of Commons on Enclosures [D'Ewes Journal, p. 674], 1601[267].
The points to be considered of in the continuance of Statutes were read, and offered still to dispute whether the Statute of Tillage should be continued.
Mr. Johnson said, In the time of Dearth, when we made this statute, it was not considered that the hand of God was upon us; and now corn is cheap; if too cheap, the Husbandman is undone, whom we must provide for, for he is the staple man of the kingdom. And so after many arguments he concluded the Statute to be repealed.
Mr. Bacon said the old commendation of Italy by the Poet was potens viris atque ubere glebae, and it stands not with the policy of the State that the wealth of the kingdom should be engrossed into a few graziers' hands. And if you will put in so many provisoes as be desired, you will make it useless. The Husbandman is a strong and hardy man, the good footman. Which is a chief observation of good warriors, etc. So he concluded the statutes not to be repealed.
Sir Walter Raleigh said, I think the law fit to be repealed; for many poor men are not able to find seed to sow so much as they are bound to plough, which they must do, or incur the penalty of the law. Besides, all nations abound with corn. France offered the Queen to serve Ireland with corn for 16s. a quarter, which is but 2s. the bushel; if we should sell it so here, the ploughman would be beggared. The low countryman and the Hollander, which never soweth corn, hath by his industry such plenty that they will serve other nations. The Spaniard, who often wanteth corn, had we never so much plenty, will not be beholding to the Englishman for it....
And therefore I think the best course is to set it at liberty, and leave every man free, which is the desire of a true Englishman.
Mr. Secretary Cecil said, I do not dwell in the country. I am not acquainted with the plough. But I think that whosoever doth not maintain the plough destroys this kingdom.... My motion therefore shall be that this law may not be repealed, except former laws may be in force and revived. Say that a glut of corn should be, have we not sufficient remedy by transportation, which is allowable by the policy of all nations?... I am sure when warrants go from the Council for levying of men in the countries, and the certificates be returned unto us again, we find the greatest part of them to be ploughmen. And excepting Sir Thomas More's Utopia, or some such feigned commonwealth, you shall never find but the ploughman is chiefly provided for, the neglect whereof will not only bring a general, but a particular damage to every man.... If we debar tillage, we give scope to the depopulator; and then if the poor being thrust out of their houses go to dwell with others, straight we catch them with the Statute of Inmates; if they wander abroad they are within danger of the Statute of the Poor to be whipped.
[267] No action was taken to amend or repeal existing laws. For Bacon's views see his History of King Henry VII.
20. Return to Privy Council of Enclosers Furnished by Justices of Lincolnshire [S.P.D. Charles I, Vol. 206, No. 7], c. 1637.
Lincoln.—An abstract of such depopulators as have been hitherto dealt withal in Lincolnshire, and received their pardon.
The persons in number 9
The sum of their fines 300l.
The number of houses by bond to be erected 33
The time for the erection, within one year
The number of farms to be continued that are now standing 22
The fines are already paid.
Sir Charles Hussey, knt. Fine 80l.
Bond of 200 marks, with condition to set up in Honington 8 farmhouses
with barns, etc., and to lay to every house 30 acres of land, and to
keep 10 acres thereof yearly in tillage.
Sir Henry Ayscough, knt. Fine 20l.
Bond 200 marks. To set up 8 farmhouses in Blibroughe with 30 acres to
every farm, and 12 thereof to be kept yearly in tilth.
Sir Hamond Whichcoote, knt. Fine 40l.
Bond 200 marks. To set up 8 farmhouses, etc., in Harpswell, with 40
acres to every house; and 16 thereof in tillage.
Sir Edward Carre, knt. Fine 30l.
Bond 100l. To set up 2 farmhouses in Branswell, and 1 in Aswarby with
40 acres to every house, 16 in tillage.
Sir William Wraye, knt. Fine 30l.
Bond 100l. To set up in Gaynesby 2 farmhouses with 2 acres at least to
either, 10 in tillage, and to continue 2 farms more in Grainsby and 3 in
Newbell and Longworth, with the same quantity, as is now used there, a
third part in tilth.
Sir Edmund Bussye, knt. Fine 10l.
Bond 100l. To set up one farmhouse in Thorpe with 40 acres, 14 thereof
in tillage, and to continue 14 farms in Hedor, Oseby, Aseby, and Thorpe,
as they now are, with a third part in tillage.
Richard Rosetor, esqr. Fine 10l.
Bond 50l. To set up one farm in Limber with 40 acres, 16 in tillage,
and to continue 1 farm in Limber, and 2 in Sereby, ut sup.
Robert Tirwhitt, esqr. Fine 10l.
Bond 50l. To set up one farm in Cameringham with 40 acres, 16 in
tillage.
John Tredway, gent. Fine 10l.
Bond 40l. To set up one farm in Gelson with 30 acres, 10 thereof in
tillage.
[Endorsed.] Lincoln Depopulators fined and pardoned and the reformations to be made.
21. Complaint of Laud's Action on the Commission for Depopulation [S.P.D. Charles I, Vol. 497, No. 10], 1641.
That upon the Commission of enquiry after depopulation, the Lord Archbishop of Canterbury and other the Commissioners, at the solicitation of Tho. Hussey, gent, did direct a letter in nature of a Commission to certain persons within the County of Wilts, to certify what number of acres in South Marston in the parish of Highworth were converted from arable to pasture, and what number of ploughs were laid down, etc.
Whereupon the Archdeacon with two others did return certificate, to the Lord Archbishop, etc.
Upon this certificate, Mr. Anth. Hungerford, Mr. Southby, with 15 others, were convented before his Grace and the other Commissioners at the Council Board, where, being charged with conversion;
Mr. Anth. Hungerford and Mr. Southby with some others did aver that they had made no conversion, other than they had when they came to be owners thereof.
His Grace said that they were to look no further than to the owners. And certificate was returned that so many acres were converted and so many ploughs let down.
They alleged that this certificate was false and made without their privity, and therefore Mr. Hungerford in the behalf of the rest did desire that they might not be judged upon that certificate; but that they might have the like favour as Mr. Hussey had, to have certificates of the same nature directed to other Commissioners, or a Commission, if it might be granted, to examine upon oath whereby the truth might better appear.
His Grace replied to Mr. Hungerford, "Since you desire it and are so earnest for it you shall not have it."[268]
They did offer to make proof that since the conversion there were more habitations of men of ability and fewer poor, and that whereas the King had before 4 or 5 soldiers of the trained band he had now 9 there; that the impropriation was much better to be let.
His Grace said to the rest of the Lords, "We must deal with these gentlemen as with those of Tedbury, to take 150l fine, and to lay open the enclosures."
Which they refusing to do they were there threatened with an information to be brought against them in the Star Chamber. And accordingly were within a short time after by the said Mr. Hussey served with subpœnas at Mr. Attorney his suit in the Star Chamber: And this, as Mr. Hussey told Mr. Hungerford, was done by my Lord Archbishop his command.
[Endorsed.] Depopulation. Mr. Hungerford and Mr. Southby. (1641.)
[268] See Clarendon, History of the Rebellion I, 204.
"And the revenue of too many of the Court consisted principally in enclosures, and improvements of that nature, which he [i.e., Laud], still opposed passionately except they were founded upon law; and then, if it would bring profit to the King, how old and obsolete soever the law was, he thought he might justly advise the prosecution. And so he did a little too much countenance the Commission for Depopulation, which brought much charge and trouble upon the people, which was likewise cast upon his account."
1. A Protest at Coventry against a Gild's Exclusiveness, 1495—2. A Complaint from Coventry as to Inter-municipal Tariffs, 1498—3. The Municipal Regulation of Wages at Norwich, 1518—4. The Municipal Regulation of Markets at Coventry, 1520—5. The Municipal Regulation of Wages at Coventry, 1524—6. An Act for Avoiding of Exactions taken upon Apprentices in Cities, Boroughs, and Towns Corporate, 1536—7. An Act whereby certain Chantries, Colleges, Free Chapels, and the Possessions of the same be given to the King's Majesty, 1547—8. Regrant to Coventry and Lynn of Gild Lands Confiscated under 1 Ed. VI, c. 14 (the preceding Act), 1548—9. A Petition of the Bakers of Rye to the Mayor, Jurats, and Council to Prevent the Brewers taking their trade, 1575—10. Letter to Lord Cobham from the Mayor and Jurats of Rye concerning the Preceding Petition, 1575—11. The Municipal Regulation of the Entry into Trade at Nottingham, 1578-9—12. The Municipal Regulation of Markets at Southampton, 1587—13. The Municipal Regulation of Wages at Chester, 1591—14. The Company of Journeymen Weavers of Gloucester, 1602—15. Petition of Weavers who are not Burgesses, 1604-5—16. Extracts from the London Clothworkers' Court Book, 1537-1627—17. The Feltmakers' Joint-Stock Project, 1611—18. The Case of the Tailors of Ipswich, 1615—19. The Grievances of the Journeymen Weavers of London, c. 1649.
The documents in this section illustrate certain aspects of the life of towns and gilds from 1485-1660. In the first half of the sixteenth century two important changes in the legal position of gilds were made by Act of Parliament, (i) Owing to the growing complaints of their exclusiveness (Nos. 1 and 6). Parliament had already by 15 Hen. VI, c. 6, and 19 Hen. VII, c. 7, compelled gilds to submit their ordinances to the approval of extra-municipal authorities before they became valid (Nos. 6 and 17). By 22 Hen. VIII it fixed 2s. 6d. as the maximum fee to be charged persons entering and 3s. 4d. as the maximum fee for persons leaving their apprenticeship. By 28 Hen. VIII c. 5 it forbad restrictive agreements designed to prevent apprentices or journeymen starting in trade on their own account (No. 6). (ii.) By 37 Hen. VIII c. 4 and 1 Ed. VI. c. 14 (No. 7) Parliament confiscated for the benefit of the Crown that part of gild property which was applied to religious purposes. The latter Act was, however, strongly opposed in the House of Commons, and the confiscated estates were restored to two towns, Coventry and King's Lynn (No. 8).
Apart from these changes towns and gilds pursued in the sixteenth century much the same economic policy as in earlier ages. They imposed inter-municipal tariffs (No. 2), and regulated markets (Nos. 4 and 12), wages (Nos. 3, 5, and 13), apprenticeship and the entry into trades (Nos. 1, 9, 10, 11, 15) on high moral grounds (No. 10), but sometimes with consequences unpleasant to those who were excluded (Nos. 1 and 15). Indeed their anxiety to preserve their monopoly occasionally brought them into conflict with the law, which "abhors all monopolies" (No. 18). Inside the gilds, however, a momentous change was going on. The fifteenth century had seen the rise within gilds of "yeomanry" organizations consisting of journeymen, of which an example is given below (No. 14, and Part I, Section V, No. 16). In the sixteenth and seventeenth centuries the gilds, at least in the larger towns, represented a wide range of interests, from the mercantile capitalist to the industrial small master, and it was often of such small masters, whose numbers appear to have increased in the sixteenth century, that the "yeomanry" then consisted (No. 16). They tended, however, to be at the mercy of the large capitalists, and occasionally under the first two Stuarts, who favoured them, they endeavoured to protect themselves by joint-stock enterprise (No. 17). In the middle of the seventeenth century a reverse movement was taking place. Small masters were becoming journeymen, and in London journeymen were engaged under the Commonwealth in active agitation. Their organization was that of an embryo trade union; their doctrine the application to industrial affairs of the theory of the social contract (No. 19).
AUTHORITIES
The more accessible of the modern writers dealing with the subject of this section are Cunningham, English Industry and Commerce, Modern Times, Vol. I; Ashley, Economic History, Vol. I, Part II, Chap. I and II; Gross, The Gild Merchant; Abram, Social England in the Fifteenth Century; Mrs. Green, English Town Life in the Fifteenth Century; Dunlop and Denman, English Apprenticeship and Child Labour; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, and The Gilds and Companies of London; Webb, English Local Government, The Manor and Borough; Brentano, Gilds and Trade Unions; Toulmin Smith, English Gilds; Rogers, Six Centuries of Work and Wages.
Bibliographies are given in Gross, op. cit. (the most complete); Cunningham op. cit., Vol. II, pp. 943-998; Ashley, op. cit., pp. 3-5 and 66-68; Abram, op. cit., pp. 229-238; Dunlop and Denman, op. cit., pp. 355-363; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 263-270.
The student may also consult the following:—
(1) Documentary Authorities:—The records of numerous towns and gilds have been published, and only a few can be mentioned here:—Stevenson, Records of Nottingham; Tingey, Records of Norwich; Bateson, Records of Leicester; Morris, Chester in the Plantagenet and Tudor Reigns; Turner, Select Records of Oxford; Harris, The Coventry Leet Book (E.E.T.S.); Bickley, The Little Red Book of Bristol; Guilding, Records of the Borough of Reading; Publications of the Historical Manuscripts Commission, Report 14, App. viii (Bury St. Edmunds); 15, App. x (Coventry), 12, App. ix (Gloucester), 13, App. iv (Hereford); 9, App. i (Ipswich); 14, App. viii (Lincoln); 15, App. x (Shrewsbury).
(2) Literary Authorities:—The number of contemporary writers dealing with gild and town life is not large. The most important are: Drei Volkswirthschaftliche Denkscriften aus der Zeit Heinrich VIII, von England, edited by Pauli; Starkey, A Dialogue Between Cardinal Pole and Thomas Lupset (E.E.T.S.); England in the Reign of King Henry VIII; The Commonwealth of this Realm of England (edited by Lamond); Crowley, Select Works (E.E.T.S.); Lever's Sermons (in Arber Reprints: where criticisms will be found on the confiscation of gild property); Harrison, A Description of Britain; Roxburghe Club, A Dialogue or Confabulation Between two Travellers.
1. A Protest at Coventry against a Gild's Exclusiveness [Coventry Leet Book, Vol. II, pp. 566-7], 1495.
1495. Mem.: that within vii days after Lammas there was a bill set upon the north church door in St. Michael's Church by some evil disposed person unknown, the tenor whereof hereafter ensueth:—
Be it known and understand
This city should be free and now is bond.
Dame Good Eve made it free,
And now there be customs for wool and drapery.
Also it is made that no prentice shall be
But xiii pennies pay shall he.
That act did Robert Green,[269]
Wherefore he had many a curse, I ween.
[269] Robert Green was chosen Mayor of Coventry in 1494.
2. A Complaint from Coventry as to Inter-municipal Tariffs [Coventry Leet Book, Part I, p. 592], 1498.
Oct. 18th, 1498 ... And on the morrow the Mayor presented a bill to the said Prince desiring by the same that he would please to desire the prior of Coventry to pay at his desire the murage money which he had withdrawn the space of 20 years, and also showed his Grace by the same bill how the citizens of Coventry were troubled by their merchandizes in Bristol, Gloucester, and Worcester, and compelled to pay toll and other customs contrary to their liberties. Upon which bill letters went out to Bristol, Gloucester, and Worcester, desiring by the same that the said citizens of Coventry might pass free without any custom paying after their liberty, or else they appear in London crastino St. Martini then next following.
3. The Municipal Regulation of Wages at Norwich [Tingey. Selected Records of Norwich, II, p. 110], 1518.
Sept. 21st, 1518. It is agreed that from henceforth no artificer shall employ apprentice working by the day, viz., carpenters, masons, tilers, reeders, by taking for the wage of such an apprentice more than one penny a day until he has been appointed to better wages or salary by the headman of that craft in the presence of the Mayor for the time being. And if any one shall do contrary, he shall forfeit 12d., to be levied from the goods of the master of that apprentice.
4. The Municipal Regulation of Markets at Coventry [Coventry Leet Book, Part III, pp. 674-5], 1520.
October 10, 1520. Memorandum that the Xth day of October and in the [eleventh] year of the reign of King Henry VIII, then Master John Bond being Mayor of the City of Coventry, the price of all manner of corn and grain began to rise. Whereupon a view was taken by the said Mayor and his brethren what stores of all manner of corn, and what number of people was then within the said city, men, women and children, etc.
[Here follow particulars of the number of persons and amount of grain in each ward.]
| Summa Totalis of } | { In Malt, 2405 qrs. | |
| the people then } | { In Rye and Mastlin, 100 qrs. 1 strike. |
|
| being within the city, } | Summa Totalis | { In wheat, 47 qrs. |
| of men, women } | 6601 persons. | { In Oats, 39 qrs. 2 strike. |
| and children. } | { In Pease, 18 qrs. 2 strike. |
Also a view by him taken what substance of malt was then brewed within the city weekly by the common brewers that brewed to sell.... The number of all the common brewers in the city ... 68. Item, they brewed weekly in malt 146 qrs. 1 bus.
Mem., that there was brought into this said city the Friday before Christmas Day in the year of the said John Bond then being Mayor, by his labour and his friends, to help sustain the city with corn, of all manner of grain Summa 97 qrs. 6 strike.
Mem., that there was at that time 43 bakers within the city, which did bake weekly amongst all 120 qrs. of wheat and 12, besides pease and rye.
5. The Municipal Regulation of Wages at Coventry [Coventry Leet Book, Part III, pp. 688-9], 1524.
[Enacted] that the weavers of this city shall have for the weaving of every cloth, to the making whereof goeth and is put 80 and 8 lb. of wool or more to the number of 80 lb. and 16, 5s. for the weaving of every such cloth; and if the said cloth contain above the said number then the weaving to be paid for as the parties can agree, and if the cloth contain under the said number, then the owner to pay for weaving but 4s. 6d. And if the cloth be made of rests or green wool, then to pay as the parties can agree; and the payment to be made in ready money and not in wares as it is wont to be, and who refuses thus to do, and so proved before Master Mayor, to forfeit for every said default 3s. 4d., to be levied by the searchers of the said craft of weavers, with an officer to them appointed by the said Mayor, to the use of the common box. [Enacted] that every clothier within this city shall pay for walking of every cloth of green wool or middle work, 3s. 4d., and for every cloth of fine wool as the clothier and walker can agree, and that the clothier do pay therefore in ready money and not in wares.
6. An Act for Avoiding of Exactions Taken Upon Apprentices in Cities, Boroughs and Towns Corporate [28 Hen. VIII, c. 5. Statutes of the Realm, Vol. IV, Part I, pp. 286-8], 1536.
Where in the parliament begun at London the third of November in the 21st year of the reign of our most dread Lord King Henry the eight, and from thence adjourned and prorogued to Westminster the 16 day of January in the 22 year of the reign of our said Sovereign Lord and there then also holden, it was and it is recited, that where before that time it was established and enacted in the 19 year of our late Sovereign Lord King Henry the VIIth, that no masters, warden and fellowship of crafts, or any of them, nor any rulers of guilds or fraternities, should take upon them any acts or ordinances nor to execute any acts or ordinances by them before that time made or then hereafter to be made, in disheritance or diminution of the prerogative of the King nor of other nor against the common profit of the people, but if the same acts or ordinances were examined or approved by the chancellor, treasurer of England or chief justice of either bench or 3 of them, or before the justices of assize in their circuit or progress in the shire where such acts or ordinances be made, upon pain of forfeiture of £40 for every time that they do the contrary, as more plainly in the said act doth appear; since which time divers wardens and fellowships have made acts and ordinances, that every apprentice should pay at his first entry in their common hall to the wardens of the same fellowship some of them 40s., some 30s., some 20s., some 13s. 4d., some 6s. 8d., some 3s. 4d. after their own sinister minds and pleasure, contrary to the meaning of the said act made in the said 19 year of the reign of the said late King Henry the VIIth and to the great hurt of the King's true subjects putting their children to be apprentices: It was therefore in the said parliament holden at Westminster in the said 22 year of the reign of King Henry the eight, established and enacted by the King our Sovereign Lord by the advice of his Lords, Spiritual and Temporal, and of the Commons in the same parliament assembled and by the authority of the same, that no master, wardens or fellowships of crafts or masters or any of them, nor any rulers of fraternities should take from thenceforth of any apprentice or of any other person or persons for the entry of any apprentice into their said fellowship above the sum of 2s. 6d., nor for his entry when his years and term is expired and ended, above 3s. 4d. upon pain of forfeiture of £40 for every time that they do to the contrary.... Since which said several acts established and made (as is aforesaid), divers masters, wardens and fellowships of crafts have by cautell and subtil means compassed and practised to defraud and delude the said good and wholesome statutes, causing divers apprentices or young men immediately after their years be expired, or that they may be made free of their occupation or fellowship, to be sworn upon the Holy Evangelist at their first entry that they nor any of them after their years or term expired shall not set up or open any shop, house nor [cellar] nor occupy as free men, without the assent and licence of the master, wardens or fellowships of their occupations, upon pain of forfeiting their freedom or other like penalty; by reason whereof the said apprentices and journeymen be put to as much or more charges thereby than they beforetime were put unto for the obtaining and entering of their freedom, to the great hurt and impoverishment of the said apprentices and journeymen and other their friends; For remedy whereof be it now by the authority of this present parliament established, ordained and enacted, that no master, wardens or fellowships of crafts nor any of them, nor any rulers of guilds fraternities or brotherhoods, from henceforth compel or cause any apprentice or journeyman, by oath or bond heretofore made or hereafter to be made or otherwise, that he after his apprenticeship or term expired, shall not set up nor keep any shop house nor cellar, nor occupy as a freeman without licence of the masters, wardens or fellowships of his or their occupation for and concerning the same; nor by any means exact or take of any such apprentices or journeyman nor any other occupying for themselves, nor of any other persons for them, after his or their said years expired, any sum of money or other things for or concerning his or their freedom or occupation, otherwise or in any other manner than before is recited limited and appointed in the said former act made in the said 22 year of the reign of King Henry the eight; upon the pain to forfeit for every time that they or any of them shall offend contrary to this act £40....
7. An Act Whereby Certain Chantries, Colleges, Free Chapels, and the Possessions of the Same be Given to the King's Majesty [1 Ed. VI, c. 14. Statutes of the Realm, Vol. IV, Part I, p. 24], 1547.
The King's most loving subjects, the Lords Spiritual and Temporal, and the Commons, in this present parliament assembled, considering that a great part of superstition and errors in Christian religion hath been brought into the minds and estimation of men, by reason of the ignorance of their very true and perfect salvation through the death of Jesus Christ, and by devising and phantasing vain opinions of purgatory and masses satisfactory to be done for them which be departed, the which doctrine and vain opinion by nothing more is maintained and upholden than by the abuse of trentalls, chantries and other provisions made for the continuance of the said blindness and ignorance; and further considering and understanding that the alteration, change and amendment of the same, and converting to good and godly uses, as in erecting of grammar schools to the education of youth in virtue and godliness, the further augmenting of the universities and better provision for the poor and needy, cannot in this present parliament be provided and conveniently done, nor cannot nor ought to any other manner person be committed than to the King's Highness, whose Majesty with and by the advice of his Highness most prudent council can and will most wisely and beneficially both for the honour of God and the weal of this his Majesty's realm, order, alter, convert and dispose the same....
[Clause reciting 37 Hen. VIII, c. 4.][270]
... It is now ordained and enacted by the King our Sovereign Lord, with the assent of the Lords and Commons in this present parliament assembled, and by the authority of the same, that all manner of colleges, free chapels and chantries, having been or in esse within five years next before the first day of this present parliament, which were not in actual and real possession of the said late king, nor in the actual and real possession of the king our sovereign lord that now is, nor excepted in the said former act in form abovesaid, other than such as by the king's commissions in form hereafter mentioned shall be altered, transposed or changed, and all manors, lands, tenements, rents, tythes, pensions, portions and other hereditaments and things above-mentioned belonging to them or any of them, and also all manors, lands, tenements, rents and other hereditaments and things above-mentioned, by any manner of assurance, conveyance, will, devise or otherwise had, made, suffered, acknowledged or declared, given, assigned, limited or appointed to the finding of any priest to have continuance for ever, and wherewith or whereby any priest was sustained, maintained or found, within five years next before the first day of this present parliament, which were not in the actual and real possession of the said late King, nor in the actual and real possession of our Sovereign Lord the King that now is, and also all annual rents, profits, and emoluments, at any time within five years next before the beginning of this present parliament employed, paid or bestowed toward or for the maintenance, supportation or finding of any stipendiary priest intended by any act or writing to have continuance for ever, shall by the authority of this present parliament, immediately after the feast of Easter next coming, be adjudged and deemed and also be in very actual and real possession and seisin of the King our Sovereign Lord and his heirs and successors for ever; without any office or other inquisition thereof to be had or found, and in as large and ample manner and form as the priests, wardens, masters, ministers, governors, rulers or other incumbents of them or any of them at any time within five years next before the beginning of this present parliament had occupied or enjoyed, or now hath, occupieth or enjoyeth the same; and as though all and singular the said colleges, free chapels, chantries, stipends, salaries of priests and the said manors, lands, tenements and other the premises whatsoever they be, and every of them, were in this present act specially, particularly, and certainly rehearsed, named and expressed, by express words, names and surnames, corporations, titles and faculties, and in their natures, kinds and qualities....
And over that be it ordained and enacted by the authority of this present parliament, that where any manors, lands, tenements, tythes, pensions, portions, rents, profits, or other hereditaments, by any manner of assurance, conveyance, will, devise or otherwise at any time heretofore had, made, suffered, acknowledged or declared, were given assigned or appointed to or for the maintenance, sustentation or finding of any priest or divers priests for term of certain years yet continuing, and that any priest hath been maintained, sustained or found with the same or with the revenues or profits thereof within five years last past, that the king from the said feast of Easter next coming shall have and enjoy in every behalf for and during all such time to come every such and like things, tenements, hereditaments, profits and emoluments as the priest or priests ought or should have had for or toward his or their maintenance, sustenance or finding, and for no longer or further time, nor for any other profit, advantage or commodity thereof to be taken....
... And be it ordained and enacted by the authority of this present parliament, that the King our Sovereign Lord, his heirs and successors, from the said feast of Easter next coming, shall have hold, perceive and enjoy for ever, all lands, tenements, rents and other hereditaments which, by any manner of assurance, conveyance, wills, will, devise or otherwise at any time heretofore had made suffered, acknowledged, or declared, were given, assigned or appointed to go or be employed wholly to the finding or maintenance of any anniversary or obit or other like thing, intent, or purpose, or of any light or lamp in any church or chapel to have continuance for ever, which hath been kept or maintained within five years next before the said first day of this present parliament.
... And furthermore be it ordained and enacted by the authority aforesaid, that the King our Sovereign Lord shall from the said feast of Easter next coming have and enjoy to him, his heirs and successors for ever, all fraternities, brotherhoods and guilds being within the realm of England and Wales and other the king's dominions, and all manors, lands, tenements and other hereditaments belonging to them or any of them, other than such corporations, guilds, fraternities, companies and fellowships of mysteries or crafts, and the manors, lands, tenements, and other hereditaments pertaining to the said corporations, guilds, fraternities, companies and fellowships of mysteries or crafts above mentioned, and shall by virtue of this act be judged and deemed in actual and real possession of our said Sovereign Lord the King, his heirs and successors from the said feast of Easter next coming for ever, without any inquisitions or office thereof to be had or found....
And also be it ordained and enacted by the authority aforesaid, that our said Sovereign Lord the King, his heirs and successors, at his and their will and pleasure, may direct his and their commission and commissions under the great seal of England to such persons as it shall please him, and that the same commissioners, or two of them at the least, shall have full power and authority by virtue of this Act and of the said commission, as well to survey all and singular lay corporations, guilds, fraternities, companies and fellowships of mysteries or crafts incorporate, and every of them, as all other the said fraternities, brotherhoods and guilds within the limit of their commission to them directed, and all the evidences, compositions, books of accounts and other writings of every of them, to the intent thereby to know what money and other things was paid or bestowed to the finding or maintenance of any priest or priests, anniversary, or obit or other like thing, light or lamp, by them or any of them; as also to enquire, search and try, by all such ways and means as to them shall be thought meet and convenient, what manors, lands, tenements, rents and other hereditaments, profits, commodities, emoluments and other things be given, limited, or appointed to our said Lord the King by this act, within the limits of their commission: and also that the same commissioners or two of them at the least, by virtue of this act and of the commission to them directed, shall have full power and authority to assign and shall appoint, in every such place where guild, fraternity, the priest or incumbent of any chantry in esse the first day of this present parliament, by the foundation, ordinance, [the] first institution thereof should or ought to have kept a grammar school or a preacher, and so hath done since the feast of St. Michael the Archangel last past, lands, tenements and other hereditaments of every such chantry, guild and fraternity to remain and continue in succession to a schoolmaster or preacher for ever, for and toward the keeping of a grammar school or preaching, and for such godly intents and purposes and in such manner and form as the same commissioners or two of them at the least shall assign or appoint: and also to make and ordain a vicar to have perpetuity for ever in every parish church, the first day of this present parliament being a college, free chapel, or chantry, or appropriated and annexed or united to any college, free chapel, or chantry that shall come to the king's hands by virtue of this act, and to endow every such vicar sufficiently, having respect to his cure and charge; the same endowment to be to every vicar and to his successors for ever, without any other license or grant of the King, the bishop, or other officers of the diocese: ...
... And also be it ordained and enacted by the authority of this present parliament that our Sovereign Lord the King shall have and enjoy all such goods, chattels, jewels, plate, ornaments and other moveables, as were or be the common goods of every such college, chantry, free chapel, or stipendiary priest belonging or annexed to the furniture or service of their several foundations, or abused of any of the said corporations in the abuses aforesaid, the property whereof was not altered nor changed before the 8 day of December in the year of our Lord God 1547....