English Economic History: Select Documents. Various

and honour of the Holy Trinity, may begin, found, erect, unite, create and establish a fraternity or gild perpetual in the church of St. Mary of Nottingham of an alderman and two wardens and brethren and sisters of the parishioners of the same church and others who of their devotion shall wish to be of the same fraternity or gild, to endure for perpetual times to come; and that the said alderman and wardens and brethren and sisters of the fraternity or gild aforesaid, when it shall be thus begun, founded, erected, united, created and established, and their successors, be in fact and name one body and one perpetual commonalty, and have perpetual succession and a common seal to serve for the affairs of that fraternity or gild, and be persons able and capable in law to purchase to them and their successors in fee and perpetuity lands and tenements, rents and other possessions whatsoever of persons whomsoever; and that the same alderman and wardens and brethren and sisters and their successors for ever, by the name of the alderman and wardens and brethren and sisters of the fraternity or gild of the Holy Trinity of Nottingham, may plead and be impleaded before any judges soever in any courts and actions whatsoever. And further we will and by these presents we grant that the same alderman and wardens and brethren and sisters and their successors may augment the same fraternity or gild when it shall be thus begun, founded, erected, united, created and established, and receive new brethren and sisters into the same fraternity or gild, as often and when it shall seem to them hereafter necessary and opportune; and also once a year elect and make from themselves and their successors an alderman and two wardens to support the charges of the business touching and concerning the said fraternity or gild, and to rule and govern the same fraternity or gild. And further, of our more abundant grace we have granted and given licence for us and our heirs, as far as in us lies, to the aforesaid alderman and wardens and brethren and sisters and their successors, that, when the same fraternity or gild shall be thus begun, founded, erected, united, created and established, or their successors, for the maintenance of two chaplains to celebrate divine service for the good estate of us and Margaret our consort while we shall live and for our soul when we shall have departed this life and the souls of all our progenitors deceased, and for the good estate of the brethren and sisters of the same fraternity or gild, while they shall live, and for their souls when they shall have departed this life, and the souls of all the faithful departed, in the church aforesaid, according to the ordinance of the aforesaid Ralph, lord of Cromwell, and Thomas, or one of them, or their executors or assigns, to be made in this behalf, and for the relief of the poor and feeble brethren and sisters of the said fraternity or gild, they may purchase lands and tenements, rents and services, which are held of us in chief or burgage or by any other service soever or of others by any service soever, to the value of 20 marks a year beyond reprises, from any person or any persons soever willing to give or grant the same to them, without fine or fee to be taken or paid therefor to the use of us or our heirs, to have and to hold to the same alderman and wardens and brethren and sisters of the fraternity or gild abovesaid and their successors for the maintenance of the said two chaplains and for the relief of the poor and feeble aforesaid, as is said above, for ever; the Statute published touching lands and tenements not to be put in Mortmain, or any other statute or ordinance published or made to the contrary, notwithstanding; provided that it be found by inquisitions duly to be taken thereon and lawfully returned into the Chancery of us and our heirs, that it can be done without damage or prejudice to us or our heirs or others whomsoever. In witness whereof, etc. Witness the King at Bury St. Edmunds, 20 February.

      By writ of privy seal, and of the date aforesaid by authority of Parliament, and for 20 marks paid in the hanaper.

SECTION VI

       Table of Contents

      THE REGULATION OF TRADE, INDUSTRY AND COMMERCE

      1. Assize of Measures, 1197—2. Grant to the lord of a manor of the assize of bread and ale and other liberties, 1307—3. An offence against the assize of bread, 1316—4. Inquisition touching a proposed market and fair, 1252—5. Grant of a fair at St. Ives to the abbot of Ramsey, 1202—6. Grant of a market at St. Ives to the abbot of Ramsey, 1293—7. Proceedings in the court at the fair of St. Ives, 1288—8. The Statute of Winchester, 1285—9. The recovery of debt on a recognisance, 1293—10. Procedure at a fair pursuant to the Statute for Merchants, 1287—11. The aulnage of cloth, 1291—12. The Ordinance of Labourers, 1349—13. Presentments made before the Justices of Labourers, 1351—14. Excessive prices charged by craftsmen, 1354—15. Fines levied for excessive wages, 1351—16. Writ to enforce payment of excess of wages to the collectors of a subsidy, 1350—17. Application of fines for excessive wages to a subsidy, 1351–2—18. Labour legislation; the Statute of 12 Richard II., 1388—19. Labour legislation; a Bill in Parliament, 23 Henry VI., 1444–5—20. Organisation of the Staple, 1313—21. Arguments for the establishment of home staple towns, 1319—22. Ordinances of the Staple, 1326—23. The election of the mayor and constables of a Staple town, 1358—24. Royal letters patent over-ruled by the custom of the Staple, 1436—25. Prohibition of export of materials for making cloth, 1326—26. Commercial policy, temp. Edw. IV.—27. The perils of foreign travel, 1315—28. Grant of letters of marque and reprisals, 1447—29. Grant of liberties to the merchants of Douay, 1260—30. Aliens at a fair, 1270—31. Confirmation of liberties to the merchants of Almain, 1280—32. Alien weavers in London, 1362—33. The hosting of aliens, 1442—34. An offence against Stat. 18 Henry VI. for the hosting of aliens, 1440—35. Imprisonment of an alien craftsman, c. 1440—36. Petition against usury, 1376—37. Action upon usury, c. 1480.

      The documents in this section are suggestive rather than comprehensive. No attempt has been made to illustrate the industrial and commercial development of England as a whole; but its more important aspects are indicated, and the machinery of administration outlined. Down to the end of the thirteenth century industry is of local rather than of national importance, and is regulated by custom rather than by law; while there was undoubtedly considerable intercourse between town and town, the conduct of trade, the oversight of conditions of labour, and the settlement of disputes were matters for the townsmen themselves to deal with in accordance with chartered rights or intermunicipal covenants. For example, the unpaid debt of an individual burgess was exacted by the communitas burgensium to which the injured creditor belonged, from any member of the communitas burgensium to which the defaulting debtor belonged, by the method of forcible seizure of goods. Although, therefore, the state attempted to secure uniformity of weights and measures and of cloth, and to maintain the quality and cheapness of the necessaries of life in the interests of traders and consumers alike, none the less the assizes of weights and measures and of cloth (No. 1), of bread and ale (Nos. 2 and 3) and of wine, came to be regarded, as might be expected in a feudal age, as franchises to be purchased by the lord of a manor, or enforced by the elected officers of a town. The regulation of trade and industry shares the characteristic features of its environment.

      The same is true of early commercial intercourse with foreign communities. The right to hold a fair is a liberty granted by the crown to a lord, and for centuries the great fairs were the chief international marts (Nos. 4–7, 30). The freedom which alien merchants enjoyed under a clause of Magna Carta was extended by charters granting privileges similar in detail to those procured by English towns (Nos. 29–31), and it is not until the reign of Edward I. that a serious attempt is made to nationalise regulation (Nos. 8–11). Thereafter conflicts arise not only between the central legislature and the local chartered body or privileged lord (No. 11), but between a growing self-conscious merchant class and the alien communities which had hitherto controlled the export and import trade of the country (Nos. 21, 22). The State assumes new responsibilities, and Parliament attempts to standardise old and enforce new regulations for the nation at large (Nos. 12, 18, 19, 25). The Statute emerges over against the Charter on the one hand and the Ordinance on the other. The difficulties of Parliament are twofold; it has to fight, first, against old concessions which would be upheld by the Courts (No. 11), and second, against the uncertain operation of the royal prerogative (No. 34). It has often been urged that the mediæval statute was little more than the expression of an ideal, and that administrative machinery was insufficient for its adequate execution. The truth is rather that Parliament was one of several competing regulative institutions, and that notwithstanding the