Chapter XXXIX: Part VII: ), and a report on the papers of the Marquis of Lothian (pp (2)

18. REPORT OF DERBYSHIRE JUSTICES ON THEIR PROCEEDINGS [_S.P.D., Charles I, Vol. 202, No. 54_], 1631.

Wirksworth Wapentake.

To Francis Bradshawe, Esq., High Sheriff of the County of
Derby.

Sir,

In pursuit of the orders and directions given us in command as well by the printed book as also by several letters sent unto us from the right honourable the lords of her Majesty's most honourable Privy Council, we, whose names are hereunder written, having within our allotment the wapentake or hundred of Wirksworth, have had monthly meetings within the said hundred and have summoned both the high constable, petty constables, churchwardens, and overseers of the poor within that division and hundred to appear before us.

1. And first we have made diligent inquiry how all the said officers and others have done their duties in execution of the laws mentioned in the Commission, and what persons have offended against any of them, and punished such as we have found faulty.

2. We have taken care that the lords and parishioners of every town relieve the poor thereof, and they are not suffered to straggle or beg up and down either in their parishes or elsewhere. But such poor as have transgressed have been punished according to law, and the impotent poor there are carefully relieved. We have also taken especial care that both the stewards of leets and ourselves in particular have taken care for the reformation of abuses in bakers, alehousekeepers, breaking of assize, forestallers and regrators, against tradesmen of all sorts for selling with underweight, and have made search in market towns and other places and taken away and burned very many false weights and measures, and taken order for the punishing of the said offenders.

3. We have made special inquiry of such poor children as are fit to be bound apprentices to husbandry and otherwise, and of such as are fit to take apprentices, and therein we have taken such course as by law is required. And we find none refuse to take apprentices, being thereunto required.

4. We do not find upon our inquiry that the statute for labourers and ordering of wages is deluded, and the common fashion of none essoyning of course is restrained.

5. The weekly taxations for relief of the poor in these times of scarcity is raised to higher rates, and we have further observed the course appointed in the fifth article.

6. We have taken order the petty constables within our said division are chosen of the ablest parishioners.

7. Watches in the night and warding by day are appointed in every town for apprehension of rogues and for good order, and we have taken order to punish such as we have found faulty.

8. We have taken care that the high constable doth his duty in presenting to us the defaults of the petty constables for not punishing the rogues and in presenting to us the defaulters.

9. We find none presented to us that live out of service and refuse to work for reasonable wages.

10. We have one House of Correction at Ashborn within our wapentake, which is near the town prison, where such as are committed are kept to work.

11. We have punished several persons for harbouring rogues in their barns and outhouses, and have observed the further directions of the 11th article.

12. We have had care to see that all defects and defaults in the amending of highways be redressed, and the defaulters have been presented to the next quarter sessions and punished.

And as touching their lordships' letters and orders directed concerning corn and enclosures, we do at our monthly meetings take a strict account that the former orders therein taken by us in pursuit thereof be duly observed and put in execution, and particularly none sell such corn (as they are appointed to sell out of the market) but to the poor of the said parish. And neither the petty constable nor any other officer can (as they inform us) present any engrossers of corn, etc., or forestallers of markets.

The prices of corn (considering the times) are not on our markets in our opinion unreasonable, but are as follow, viz., wheat for the strike 5s., four peck making a strike, rye 4s., barley 3s. 4d., malt 5s., peas 4s., oats 2s. 6d.

We have made especial inquiry touching enclosures made within these two years, but find very few within our division, for the most of our wapentake hath been long since enclosed. Howsoever some few hath been presented, which we have commanded to throw down, and have stayed the proceedings of such enclosures as have been lately begun and are not finished.

We have no maltmakers in this wapentake but for their own use.

We have put down a full third part of all the alehouses within this wapentake; yet there are so great a multitude of poor miners within this wapentake that we are enforced to leave more alehousekeepers than otherwise we would.

We have taken order for the binding all cooks, alehousekeepers, victuallers and butchers within this hundred that they neither dress nor suffer to be dressed or eaten any flesh during the time of Lent or other days prohibited, and our recognizances to that purpose do remain with the Clerk of the Peace, to be by him certified according to the statute.

John Fitzherbert.
Chr. Fulwood.

19. LETTER FROM PRIVY COUNCIL TO JUSTICES OF RUTLANDSHIRE[301] [_Privy Council Register, Vol. VI, f. 345_], 1631.

Whereas we have been made acquainted with a letter written by John Wildbore, a Minister in and about Tinwell within that county, to a friend of his here, wherein after some mention by him made of the present want and misery sustained by the poorer sort in those parts through the dearth of corn and the want of work, he doth advertize in particular some speeches uttered by a shoemaker of Uppingham (whose name we find not) tending to the stirring up of the poor thereabout to a mutiny and insurrection; which information was as followeth, _in hæc verba_: "Hearest thou?" saith a shoemaker of Uppingham to a poor man of Liddington, "If thou wilt be secret I will make a motion to thee." "What is your motion?" saith the other. Then said the shoemaker, "The poor men of Okeham have sent to us poor men of Uppingham, and if you poor men of Liddington will join with us, we will rise, and the poor of Okeham say they can have all the armour of the country in their power within half an hour, and in faith (saith he) we will rifle the churls." Upon consideration had thereof, however this Board is not easily credulous of light reports nor apt to take impression from the vain speeches or ejaculations of some mean and contemptible persons; yet because it sorts well with the care and providence of a state to prevent all occasions which ill-affected persons may otherwise lay hold of under pretence and colour of the necessity of the time, we have thought good hereby to will and require you, the Deputy Lieuts. and Justices of peace next adjoining, forthwith to apprehend and take a more particular examination as well of the said shoemaker as of such others as you shall think fit concerning the advertizement aforesaid; and that you take especial care that the arms of that county in and about those parts be safely disposed of; and likewise (which is indeed most considerable and the best means to prevent all disorders in this kind) that you deal effectually in causing the market to be well supplied with corn and the poor to be served at reasonable prices and set on work by those of the richer sort, and by raising of stock to relieve and set them on work according to the laws. All which we recommend to your especial care, and require an account from you of your doings and proceedings herein with all convenient expedition.

And so, etc.

[Footnote 301: Quoted Leonard, _Early History of English Poor Relief_, pp. 338-9.]

20. JUDGMENT IN THE STAR CHAMBER AGAINST AN ENGROSSER OF CORN [_Camden Society. Cases in the Courts of Star Chamber and High Commission, edited by S.R. Gardiner_], 1631.

_In Camera Stellata, Michaelmas, 7o Caroli._

One Archer of Southchurch in Essex was brought _ore tenus_, being then charged by Mr. Attorney-General for keeping in his corn, and consequently for enhancing the price of corn the last year, which offence Mr. Attorney affirmed to be of high nature and evil consequence, to the undoing of the poor and _malum in se_, and then desired his examination taken before the Lord Keeper might be read. His examination purported that he had seen at the time of his examining a presentment that was made against him by the Grand Jury at the last Assizes in Essex before Justice Vernon for the said offence of keeping in his corn and enhancing; and for that he had made a bargain to sell the poor of the town where he dwelled rye for 7s. a bushell, and afterwards refused to perform his bargain unless he might have nine shillings a bushell: he denied his bargain, but for his excuse said, he sold to the towns about him for the poor, wheat at 7s. and 8s. a bushell, and at the latter end of the year for 5s., and rye for 7s., and 6s., etc., and some for 3s. and 6d. the bushell. He confessed he kept in his corn till June, and that he had 8 quarters of wheat, 60 quarters of rye, and 100 quarters of oats, and that his family were himself and his wife and daughters, two maids, and a man; he confessed that he sold none or very little of his corn in Rochford hundred where he dwelt, though he were commanded so to do by the Earl of Warwick; yet for his defence he further alleged that his barn was not visited by any justices or officers according to his Majesty's late proclamation and orders for that purpose, and that he had no notice of the said proclamation and orders; lastly, he confessed he sold most of his corn at London and Chelmsford, and that he bought his seed corn out of market, etc. His examination aforesaid was shewed to him and he confessed it to be true, and acknowledged his hand thereunto subscribed before it was read in court; and it being read, the Lord Keeper demanded of Archer what he could there say for himself, and what answer he would make to this accusation. The said Archer saith that he could make no other answer than he had made in his examination, and submitted himself to the mercy of the Court.

Mr. Attorney desired that their Lordships would proceed to sentence the said Archer according to his desert, and withall prayed that a precedent of a sentence given in the Star Chamber in the 29 and 30 of Queen Elizabeth against one Framingham of Norfolk in the like case might be read before their Lordships gave their sentence in this cause; and it was read. The said Framingham was accused upon his own confession in this Court _ore tenus_ for destroying of husbandry in making cottages of his tenants' houses, taking away the land and letting it lie to pasture in his own hands, and letting the cottages at dear rates, and forstalling the markets, and enhancing the prices of corn, whereupon he was fined 500l. to the Queen, and ordered to pay 40l. to the poor, and to stand upon a stool in Cheapside with a paper on his head declaring his offence, and to lay his land again to the cottages, and to let them at reasonable rates.

Justice Harvey delivered his opinion, that whereas it hath pleased God to send a plentiful year, and yet the price of corn continued very high, himself and the rest of the Justices of the Peace that were in the last Quarter Sessions in Hertfordshire assembled, did advise among themselves how they might deal with the country to bring down the price, but they were afraid to meddle with any thing upon experience of their ill-taking what was so well intended by his Majesty, that by the late orders, thereupon taking occasion to go on and raise the prices of corn higher; he was of opinion that this man's punishment or example will do a great deal more good than all their orders which they might have made at the Sessions; and therefore he declared his offence to be very great, and fit to be punished in this Court; and adjudged him to pay 100 marks fine to the King, and 10l. to the poor, and to stand upon the pillory in Newgate Market an hour with a paper, wherein the cause of his standing there was to be written, put upon his hat, "For enhancing the price of corn"; and then to be led through Cheapside to Leadenhall Market, and there likewise to stand upon the pillory one hour more with the same paper upon his hat, and after this to be sent to Chelmsford, and there likewise in the market to stand upon the pillory.

Sir Thomas Richardson affirmed this offence to be an offence at the common law long before the King's proclamation and orders, and also against some statutes, that his keeping in his corn and not bringing it into the next markets by little and little as he ought to have done, and selling it at other markets when the price was as high as he would have it, was an enhancing the price of corn, and that the Justices in Essex did at the common law inquire of such enhancing the price of any victuals, and corn was certainly victual, bread the staff of man's life, and that keeping in of his corn in this manner was enhancing the prices of corn, which is punishable by the statute as well as forestallings, and approved of his Majesty's pious and honourable care for his people. Also he observed in the defendant's confession that he was guilty of forestalling the market, in buying seed corn out of market and not bringing so much of his own to supply the same in the next market. He therefore condemned the said Archer to be guilty of the said offences, and agreed in his said fine to the King, and would have him pay as much to the poor as the 100 marks wanted of 100l.

The Bishop of London[302] observed with Mr. Attorney that this was _malum in se_, and that this Archer was guilty of a most foul offence, which the Prophet hath in a very energetical phrase, "grinding the faces of the poor." He commended highly that speech of Justice Harvey, that this last year's famine was made by man and not by God, solicited by the hard-heartedness of men, and commended this observation as being made by his Majesty. And thereupon undertook to clear the wisdom of the Church, in ordaining to pray to God that he would be pleased to turn his scarcity and dearth, which cruel men (but He never) made, through His goodness and mercy into cheapness and plenty. He said that God taketh away the hardness and cruelty of men's hearts, which was the cause of the famine or scarcity, and He only; and therefore the Church hath very wisely ordained as aforesaid. He is glad to hear it declared to be an offence against the common law of this realm; and, therefore, seeing it had pleased God to load the earth so richly, and also to send so dry a time for the inning the same in the harvest, for, if that had wanted, all that abundance had been but an uncomfortable load, as we by our sins had deserved and was threatened, and yet for all this plenty corn was at an extreme rate, and they boast among themselves now they can keep their corn as long as they list and no fear of moulding, he thinks fit this man be made an example that others may fear to offend in the like kind. And assenteth to his fine to be 100 marks, and thinks fit, seeing he hath ground the faces of the poor, he should therefore help to seal them again, and pay 10l. to the poor; and the rest of the former sentence he assented unto. The Earl of Danby consented to the sentence in all, adding that he should pay but 10l. to the poor, and to stand likewise upon the pillory at the Palace, because some of all countries might take notice thereof.

The Earl of Dorset concurred in his sentence with the Earl of Danby, and commended my Lord Keeper and Mr. Attorney for their care and pains in bringing him to justice, and wished that inquiry should be made if the Justices of the Peace had made default in not visiting the said Archer's barns. But as for the Earl of Warwick, Sir Thomas Richardson had well declared that Lords and Peers of the Parliament were exempted from the services of the said orders, and yet that the Lord of Warwick out of his care had admonished him, etc.

Lord Privy Seal gave his sentence in few words, that Archer was guilty by his own confession of a very great offence, and well worthy the sentence aforesaid, and in full consented to it.

The Lord Keeper did affirm that it was indeed a good work to bring this man forth to be here sentenced, but that it was brought about by means of Justice Vernon, who informed him of the said Archer as being the only man presented in all his circuit for offending in this kind, and that to him this was to be attributed. He was of opinion, that the said Archer was guilty of enhancing the price of corn by keeping in his corn, as is confessed, in this time of scarcity, which was not a scarcity made by God (for there was enough to be had at dear prices and high rates). He affirmed the same to be an offence as well against the common law as against some statutes, and also he would not leave out against his Majesty's proclamation and orders, for his Lordship held there was an aggravation to his offence. And his Lordship declared further (and wished it might be taken notice of, as well as of what had already been spoken, for that much had been said that day of singular use and benefit for the commonwealth), that these were no new opinions. And to that purpose showed that in the old charge to the quest of inquiry in the King's Bench, this enhancing the prices, not only of corn but of any other commodities, was inquirable and to be there punished; also [he] cited a statute whereby those that agree to keep up the price of any commodities, agreeing to sell all at one price, and those that raise false news to bring down the price of any commodities from what they are justly worth, are punishable; as those that raised news that there were great wars beyond sea, and there would be no vent for cloth, and told the same in the country at Coxsall, for that the prices of wools fell there, and they were punished for it. And his Lordship vouched a precedent of one for procuring the raising the price of a certain commodity, for which he was informed against in the King's Bench, and though his Counsel alleged that he had done nothing, he had but spoken, and his offence was in words only, yet he was adjudged an enhancer for but advising the same. And [he] vouched a statute or proclamation in the time of H. 8 for setting the prices on corn, and the like orders and proclamations in the times of E. 6, Queen Eliz. and King James, and agreed it to be well spoken by the Earl of Dorset, that if any shall do any thing tending to depopulation, over and besides his punishment, he shall be enjoined to populate as much, as the said Framingham was: and vouched a book case, where one complaining against another for letting down a sea wall, so that not only his, but diverse other men's grounds were surrounded, the judgment was given in the common pleas that the plaintiff should recover his damages, and the defendant should also make up the said wall at his costs and charges. And thereupon his said Lordship consented to the highest censure against the said Archer for his forestalling the market and keeping in his corn to the enhancing of the price, to the great hurt of the common people, especially the poor labourer: and committed Archer to the Fleet from whence he came.

[Footnote 302: _i.e._ Laud.]