Chapter XXVII: Appendix: V

PART of a draft of orders for remedying the scarcity of corn in 1586 (Lansdowne MSS. Brit. Mus., No. 48, f. 128).

The following draft is found among the Burleigh papers. It is written on four folio sheets on both sides, for the most part in an official hand, but throughout it is corrected in Burleigh's own hand, and the last portion is written entirely by him.

The orders here contained must have been substantially the same as those issued and printed by order of the Privy Council on Jan. 4, 1586/7 since a series of reports dated in 1587 answer these instructions point by point[737]. Most of these regulations were suggested by the three judges, Popham, Mildmay and Manwood, to whom the matter had been referred. Their report was considered and annotated by Burleigh, and the following draft seems to have been based on their conclusions[738].

[737] See above, pp. 89, 90.

[738] See above, p. 86.

Already several times during the reigns of Edward and Elizabeth similar sets of orders had been issued in order to prevent a bread famine in years of high-priced corn. Earlier in this year of 1586 commands had already been sent, and reports had been received from the justices. These orders however were more carefully considered and detailed than any previous commands.

Orders of this kind continued to be issued throughout the reigns of Elizabeth, James I. and Charles I., but these of January 1586/7 were thought to have the best effect and were reprinted and reissued in 1594[739]. They thus seem to be the original form of the scarcity Book of Orders which apparently afterwards suggested the Book of Orders for the relief of the Poor of Jan. 1630/1.

[739] See above, p. 119.

A few of the later clauses only of this draft relate directly to the relief of the poor, and the general character of the instructions given in these contrast strongly with the detailed directions dealing with the supply of grain. This bears out the contention that at this time the direct relief of the poor was only subsidiary to the indirect relief afforded to the poorer classes by these measures for the supply of corn: it also indicates that the interference of the Privy Council in the direct relief of the poor was suggested by the distress and disorder of these years of high-priced grain, and was begun at least as early as 1587, as one of the methods which were adopted to relieve that distress.

Lansdowne MSS. 48, f. 128, No. 54, 27 Decembris 1586.

_Orders devised by y^e speciall comma(n)ddment of y^e Qu. Ma^{ty} for y^e releiff and ease of y^e present derth of gray(ne) w^hin y^e realme[740]._

[740] The portion printed in italics is written in Burleigh's own hand.

That the Sheriffe and Justices of the peace _by spedy warni(n)g of y^e shyrriff_ shall ymediatlie vppon the receipte of these _orders_[741] assemble themselues togeather, w^{th} as much speede as they possible maye, and havinge conferred amongest them selves vppon the contents hereof, shall first for the better execucon of _the same_ devide them selves into sondry companies and take amongest them _into ther chardg by_ seu(er)all divisions _all_ the hundreds, rapes or wapentaks of the said countie.

[741] "Instruccons" is deleted.

Itm eu(er)y Companie so allotted out shall forthw^{th} direct their preceptes vnto the said Sheriff to warne the high cunstables vnder cunstables and others the most honest _and substa(n)ciall_ inhabitants w^{th}in the same hundred, rape or wapentake to the number of xxxvi persons, moe or fewer as the quantetie of the hundred rape or wapentake shall require, to appere before them, at a certayn place and w^{th}in as shorte a tyme after the receipte hereof as they convenientlie may, and vppon the apparance of the said persons, they shall divide them into so many Juries as they shall thinke meete, gevinge instruccon to the said Sheriffe to retorne as fewe of such as _be known great firmers for corn or_ haue store of grayne to sell as he can; and such of the same _perso(n)s so warned_ as shall not appeare, but make default beinge somoned, and not havinge any _just or_ reasonable excuse _allowable by y^e justices_, to be punished therefore at the good discrecons of the justices _both by i(m)priso(n)m(e)nt and fyne_ before _whom_ they are to appere.

Itm. they shall _first declare y^e cause why they ar sent for and therw^h ernestly chardg them in the feare of God to apply themselves to the s(er)vice wherevnto they shall be now called w^h all dutyfullnes and dilige(n)ce and w^hout any parciallyte to any person and the(n) they shall gyve them the oth followy(n)g_:--

_The Juries Oth._

Yo^u shall sweare &c that yo^u shall enquire and make trewe and dewe search and triall what nomber of persons eu(er)ye housholder that hath corne _in thir barns, stacks or otherwher_ aswell Justices of the peace as others _what so ever_ w^{th}in the parish of have in their houses, (fedyng and lye(in)g and vprisyng?); what nomber of acres they haue _certenly_ to be sowen this yere w^{th} any mann(er) of grayne; what bargaynes they haue made w^{th} any person for any kynde of grayne to be sold by or to them; to whome and by whome and vppon what prices they haue made the same and what quantetie of any mann(er) of grayne they or any other haue in their barnes, garners, lofts, cellers or flowers or otherwise to be deliu(er)ed vnto them uppon any bargayne.

I^{tm} what nomber of badgers, kidders, broggers[742] or cariers of corne doe inhabite w^{th}in the said parishe and whither they doe vse to carrie their corne they buy and _wher they do vsually buy the same_ and what their names be _and how long they have vsed_ _that trade, and by whose lycense, and to se the same lycenses of what tenor they ar of_.

[742] Badgers, kidders and broggers were all names applied to dealers, especially to dealers in corn and other provisions. By the 5 and 6 Edw. VI. c. 14 badgers and kidders or kyddiers licensed by three justices were exempted from the penalties attached to forestallers and regrators; no one not so licensed might buy corn to sell again. In a statute of Elizabeth (5 Eliz. c. 12) they are again mentioned and the conditions of their license were made more stringent; no one was to be licensed unless he were a resident householder and the licensed dealer had to place security with the Clerk of the Peace that he would not forestall or engross corn. The words "badger" and "kidder" continued to be used in the licenses granted to corndealers as late as the eighteenth century. The word "brogger" does not occur so frequently. Murray states that it is apparently an unexplained corruption of broker, and he quotes Stow's Survey (1754), II. V. XV. "They were called Broggers in a statute of Richard II.--none to be Brocars in any mystery unless chosen by the same mystery." See also 25 Hen. VIII. c. 1, where the word is applied to a seller of meat.

Itm what nomber of malte makers, bakers, comen brewers _or tiplers_[743] dwell w^{th}in the said parish and whoe they are _by name and how long they have vsed y^t trade and how much they bake or brew in y^e weke and what other trade they have wherby otherwise to lyve_.

[743] See note, p. 69.

Itm. whoe w^{th}in the same parishe be the greate buyers of corne or _do (usually?)_ buye or have bought any corne or grayne to sell agayne or haue sold it agayne _sence Midsomer last_.

Itm whoe w^{th}in the same parishe buyeth or haue bought or sold any corne vppon the ground, of whome and to whome hath the same bene bought or sold _and at what pryces_, and to c(er)tefie vnto vs of the premisses & of eu(er)ye parte thereof on the daye of nowe next comynge, and _to every part of these articles you shall bryng answer fro(m) poy(n)t to poynt_[744]....

[744] The clause here omitted provides for the punishment of any person who should refuse to give information to the jurors. He was first to be "heavily rebuked"; if he still refused to tell the whole truth he was to be committed to prison; and if he remained obstinate he was to be brought before the Privy Council for further punishment and fine.

That the said Justices of the peace, havinge receaved into their hands the verdicts of the said Juries _on every and to every poynt of ther chardg_, shall call at c(er)ten dayes by them to be assigned such persons before them of eu(er)ye parish as vppon the presentment so made shall appere to haue corne to spare, and vppon _dew_ consideracon of the nomber of persons w^{ch} ech hath in his howse _accordy(n)g to ther qualites_, and of the quantetie of grayne the partie hath toward the fyndinge of the same or otherwise to be spent in his howse and sowinge of his groundes, allowinge to eu(er)y housholder for his expenses in his house for eu(er)ye person thereof _accordy(n)g to ther qualite_ sufficient corne for bread and drinke betwyne this and the next harvest and for their seed after the rate of the sowinge of that contrie vppon an acre. _And tha(t)_ they shall bynd all such as shall appere to haue more of any kynde of grayne then shall serve to the vses above menconed aswell Justices of the peace as others by recognizance in some _good_ reasonable somes _of mony_ to observe the orders ensueinge viz.

[Sidenote: The forme of the recognizance to be frely taken.]

Ye doe knowledge yo^r self to owe vnto o^r Sou(er)aigne Ladie the Queenes Ma^{ties} &c. the some of &c. The condicon thereof shalbe, that yf ye shall well and trewlie w^{th}out fraude, covyn[745] or collusyon, and w^{th}out any mean deceipte or crafte, fullfill, observe and keepe all and eu(er)ye such orders, appoynctments and direccons as shall at this pre(se)nte be by vs on her Ma^{t's} behalf prescribed and enioyned vnto yo^u, to be by yo^u donne and fulfilled Then this recognizance to be voyd or els to stand in force.

[745] I.e. collusion. The word is connected with old French _covenir_, modern _convenir_, to agree. It sometimes means agreement, but often, as here, has an unfavourable connotation.

The orders to be by yo^u observed be these viz.

Yo^u shall bringe or cause to be brought weekelye so many quarters or bushells of corne as wheate, rye, barlie, malte, pease, beanes, or other grayne, or so much thereof as shall not be _directly_ sold to the pore artificers or daye laborers of the parishe w^{th}in w^{ch} yo^u dwell by order of the Justice of the peace of the division w^{th}in w^{ch} yo^u do dwell or of two of them, to the market of there to be by yo^u or at yo^r assignement sold vnto the Queenes subiects in open markett by half quarters, two bushells, one bushell or lesse as the buyer shall require of yo^u and not in greater quantetie, excepte it be to a Badger or carier of corne admitted accordinge to the statut, or to a comon knowen bruer _or_ baker, havinge testimonye vnder the hand and seale of some _twoo_ justices of the peace _at ye lest_ of the division or _of a_ mayo^r or other hed officer of the Cittie, Towne or Borrough _corporat_ where he dwelleth that he is a _co(mm)en_ Brewer _or_ Baker w^{th}in the same, or to such other person as shall make provision for any Lord sp(irit)uall or temporall, knighte or other gentleman _y^t hath no provisio(n) of corn of ther own so as y^e former person_ hav & show vnto such person as shall haue the over sighte of the markett in that behalf testymonye vnder the hand and Seale of the partie for whome _he cometh to y^e market_ to make that provision declaringe that it is for the provision of his howse and conteyninge the quantetie & kynd of grayne to be provided: and yo^u shall not willinglie leave any parte of yo^r corne, so brought to that market, vnsold yf money be offered to yo^u fo(r) th(e) same by any that are permitted to buy the same after the vsuall price of the markett there that daye, _nether shall you fro(m) y^e begy(n)ning of y^e markett to y^e full end therof kepe or cause to_ _be kept any part of your sayd corn out of y^e oppen sight of y^e markett_[746]....

[746] The clauses here omitted relate to the safe housing of the unsold corn after the market, and to the remedying of miscalculations as to the quantity of corn the farmer has to sell.

Ye shall buye noe corne to sell it agayne.

Ye shall neyther buy nor sell any mann(er) of corne but in the open market, vnlesse the same be to pore handiecraftesmen or dayelaborers w^{th}in the parish where yo^u doe dwell y^t _can not conveniently come to y^e markett towns by reaso(n) of dista(n)ce of place, accordinge_ to such direccon as shalbe geven vnto yo^u in that behalf by the Justices of the peace of that division w^{th}in w^{ch} yo^u doe dwell or two of them, and to none of these above one bushell at a tyme.

That the Justices of the peace w^{th}in their seu(er)all divisions haue speciall regard that engrossers of corne be carefully seene vnto and severely punished accordinge to the lawe, and wher such are found, to make certificate thereof and of the proves to the _Q. Ma^{ty's}_ Attorney gen(er)all for the tyme beinge whoe is directed _spedeli_ to informe against them for the same and _to se also_ that none be permitted to buy any corne to sell agayne but by _speciall_ license.

That they take order w^{th} the comen bakers[747] for the bakinge of Rye, barlie, pease and beanes for the vse of the pore, and that they appoyncte speciall and fytt persons diligentlie to see their people well dealt w^{th}all by the _co(mm)en_ bakers and Brewers in all Townes and places in their weight and ass(ize) and effectually to enquire for and search out the default therein, and there-vppon to geve order for punishment of the offendo^{rs} severely accordinge to the lawe, _and wher any notable offe(n)ce shall be in the bakers to cause y^e bread to be sold to y^e porar sort vnder y^e ordynary pryces in part of punishment of y^e baker_.

[747] Lord Burleigh has here underlined for omission the following words: "that the bread they bake of wheate only be all of one sort w^{th}out takinge out of any of the flower for a fyner sort dueringe this tyme of dearth and."

That noe Badgers of corne, bakers _or_ Brewers doe buy any grayne or couinne[748] or bargayne for the same but in the tyme of open markette, and that but by license vnder the hande of the Justices of the division where they doe dwell or three of them, and that they weekely bringe their license w^{th} them to the markett where they doe eyther buye or sell, and that the license conteyne how much grayne, of what kynde and for what place they are licensed to buy and carrie, that there be set downe vppon the license the daye, place, quantetie and price the corne is bought at, that they take but measurablie for the cariadge bakinge and brewinge thereof, that they showe their booke weekely to such, as the Justice of the division wherein they dwell shall appoyncte, beinge noe bakers _or_ Badgers of Corne. And that those _p(er)so(n)s_ eu(er)ye xiiii dayes make reporte to the Justice of the division wherein they dwell how the people are dealt w^{th}all by the badgers, bakers and Brewers. And that such as have otherwyse sufficient to lyve on _or that ar knowen to be of any crime or evill behavor_ be not permitted to be badgers of corne, nor any badgers to be permitted but such as the statut doth lymitt, and that none be permitted to buy or provide corne in the market in grosse as badger or baker and such lyke, _uppo(n) payn of i(m)prisonm^t, vntill_ one hower after the full markett _be begon_ that the pore _may_ be first served.

[748] I.e. agree. See note above.

That the said Justices or _twoe or_ one of them at the least in eu(er)ye division shalbe personallie presente at eu(er)ye market w^{th}in their seu(er)all divisions to see the orders to be taken by thauctoretie hereof to be well observed and the pore people provided of necessarie corne _and that w^has much favor in y^e pryces as by ernest perswasio(n) of y^e justyces may be obteyned_[749]....

[749] The clause here omitted provides that, if there are not enough justices in any part the Sheriff and Justices of the peace shall appoint some "other grave, honest and substanciall persons" to carry out the orders.

That all good meanes and perswasions be vsed by the Justices in their seu(er)all divisions that the pore may be served of corne at convenyent and charitable prices.

That there be noe buyenge or bargayninge for any kynd of corne but in open market, and that the justices in their seu(er)all divisions restrayne comen malsters of makinge barlie malte in those contries and places where there be otes sufficient to make malte of, for the use of the people, and to restrayne, aswell the brewinge of barlie malte by or for Alehouses or Comen Tiplers in those contries and places, as also the excesse vse of any kynde of malte by all comen brewers in all alehouses and comen Tipling howses wheresoeu(er), and that sufficient bondes be taken of all comen brewers, malsters and comen Tiplers accordinge to the trewe meaninge of this article, and that the unnecessarie nomber of Alehouses and comen Tipplers be forthw^{th} suppressed in all places and _y^t direction be gyven to all typlyng howses, taverns and alehouses not to suffer any perso(n)s to repayre thyther to eate and drynk at unseasonable tymes_.

That the Justices vse all other good meanes _that ar not me(n)tioned in these orders that the_ marketts be well served and the pore releyved in their provisions dueringe this tyme of dearth _and y^t no expe(n)ce be of any gray(ne), mete for bread to fede men, be wasted vppo(n) fedyng of bestts, neither y^t any be spent in maky(n)g of a stuff called sterch, as of late theyr hath bene discovered great qua(n)tite expe(n)ded in that vayne matter being in no sort to be suffred to contynew_.

That the justices be straightlie comaunded to see by all good meanes that the able people be set on worke, the howses of Correction provided and furnished and there ydle vagabonds _to be_ punished.

That the Justices doe their best to have convenient stocke to be provided in eu(er)ye division or other place, accordinge to the statut for settinge the pore a worke, and the justices to vse all other good and politique meanes w^{th}in their seu(er)all divisions to contynewe and maynteyne the pore people in worke w^{th}in the parish or at the furthest w^{th}in the hundred or division.

That the _maymed or hurt_ soldiers and all other impotent persons be carefullye seene vnto to be releived w^{th}in their seu(er)all parishes, hundreds or divisions, accordinge to the lawe _therfor provyded_, and that where the provisions form(er)lye made be not sufficient it may be _now for this tyme of derth_ increased; and where one parishe is not able to geve sufficient releife to such their pore, that parrishe to haue the supplye of such parishes nere adioyninge as have fewer pore and are better able to geve releife, _and that no vagabond or sturdy beggar or any y^t may otherwise gett ther lyving by ther labors be not suffred to wander abrod under coller of beggy(n)g in any town or high waye, and y^t the Justyces do presently gyve order that ther be p(er)so(n)s sufficiently weaponed to asist the constables of every town to attach such vagabo(n)ds both in ther towns side and high wayes and to com(m)itt them to prison w^hout bayle, but as twoe of y^e justyces of y^e peace n^r y^t divisio(n) shall order, and if the townshipp shall not obs(er)ve this order for y^e attachy(n)g and punisy(n)g of y^e sayd vagabo(n)ds then the justyces shall se due punishme(n)t by fyne uppo(n) the whole townshipp or uppo(n) such partyes in y^e town as shall be found in fault_.

That the Justices of the peace doe once eu(er)ye moneth c(er)tefie their doings and proceadings by force of these Instruccons vnto the Sheriffe of the said countie, in w^{ch} c(er)tificat they shall also make c(er)tificat of such Justices as shalbe absent from any these services and the trewe cause of their absence, and shall also c(er)tefie the vsuall prices of all kyndes of grayne in their marketts for that moneth past, of all w^{ch} the same Sheriffe to c(er)tefie the privie Counsell once in eu(er)ye fortie dayes at the farthest, _so as y^t defalt in any justyce y^t shal be absent may be duly considered and corrected by authorety of hir Ma^{t's} counsell as reaso(n) shall req(u)ir and so as such perso(n)s as ar placed as Justyces for ther creditt may not contynew in those roomes, wherin they shall be found not disposed to attend such a necessary and Godly servyce as this is, but y^t others of better dispositio(n) may supply those roomes, if ther shall be ned of any such no(m)ber, as in most places is thorght not very nedefull, the nornber being in co(mm)on opinio(n) more hurtful tha(n) proffitable to Justyce_.

And, yf any shall offend against the trewe meaninge of these instruccons or of any parte thereof or shall vse any sinister means to the defraudinge thereof, that such be severely punished accordinge to the lawes, and for such obstinat persons as shall not conforme them selves the Justices shall at their pleasure bynd to appere before _y^e Q. Ma^{t's}_ privie Counsell _by a daye certen_ there to be further dealt w^{th} _by sever_ punishment for the better ensample of _all_ others[750]....

[750] The rest of the manuscript contains a clause in Burleigh's hand which provides that justices of the peace shall act with other commissioners and prevent the transportation of grain and shall also be jointly responsible with the commissioners for the proper performance of this duty. The rest consists of rough jottings in Burleigh's hand concerning some additional matters such as "Tr(a)nsport of beans," "Recusants mo(n)y," &c.