Chapter XXV: Section VI: The Regulation of Trade, Industry and Commerce (3)

[Footnote 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.

[Footnote 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.

[Footnote 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:--

First, sold in the month of February to the
prior of Canterbury, I butt for 4l. 6s. 8d.
Further, to John Brokley, 2 butts for 8l. 6s. 8d.
Further, to Andrew Tye, 2 butts for 8l.
Further, to John Style, 4 butts for 14l.
Further, to Davy Selly, 3 butts for 12l.
Further, to Richard Tremayne, 2 butts for 8l.
Further, to John Chyppenham, 30 barrels for 16l.
Further, sold in the month of March to Simon
Eyre, 101 butts for 305l.
Further, to John Style, 20 butts for 75l.
Further, to John Style, 10 butts for 40l.
Further, to Davy Selly, 4 butts for 16l.
Further, to Thomas Greye, 3 butts for 11l. 10s.
Further, to John atte Wode, 2 butts for 7l.
Further, to John Bale, 4 butts for 16l.
Further, to Harry Purchase, 3 butts of currant
raisins for 29l.
Further, to John Gybbe, 3 butts for 29l.
Further, to Nicholas Wyfold, 3 butts for 31l.
Further, to John Pecok, 1 butt [for] 9l. 10s.
Sum of the said sales 639l. 13s. 4d.

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 745l.[241]

[Footnote 240: The scrivan (_i.e._, writer) had charge of the merchandise on board.]

[Footnote 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]

[Footnote 242: Patent Roll, 18 Henry VI., p. 3, m. 22 (1440).]

[Footnote 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

[Footnote 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.

[Footnote 245: Printed in Abram's _Social England_, 215.]