Town Life in the Fifteenth Century, Volume 2. Green Alice Stopford

commerce only existed for the benefit of the whole community – the “poor commons of the realm,” to use the phrase of that day. It was for their protection that no unlicensed or unregulated trade should be allowed to exist, that there should be no fraudulent manufactures, no secret breaking down of barriers set up by Parliament for the orderly division and control of crafts, no buying and selling by forestallers, public enemies to the community and to the country, hastening by land and by water to oppress the poor;[98] and rules devised to check a public mischief or secure a public good are no more to be classed as protective than regulations for the sale of drugs or the licensing of public houses in our own day. Such rules indeed were often as unsolicited by the trader as they were agreeable to the public, and all his cunning was exerted to elude them. Some little margin of profit was to be won beyond the city boundaries where there was freedom from the city law and from the city tolls. Therefore the London corporation complained that the butchers of London “who have bought their freedom and are sworn of the franchise, do rent their houses at Stratford and round Stratford, and never come at any summons nor bear their part in the franchise of the city; but shut out the citizens (resident butchers) in divers markets where they ought to buy their wares, so that through them no wares they can get to the great undoing of the citizens.”[99] Bakers withdrew themselves “into the foreign” to avoid punishment for frauds.[100] Candlemakers established themselves in the suburbs, and butchers were presented “for selling of his tallow into the country and will not sell it to a man within the town,”[101] or for carrying tallow in sacks at night out of the city for the making up of candles; and being punished were ordered to leave candle-making to the chandlers, who on their part were commanded to keep within the boundaries. In Canterbury, where owing to the great number of ecclesiastical tenants the main burden of taxation was thrown on a part only of the population, and where doubtless taxes were correspondingly high, there came a time at last when traders of every kind, cloth-makers and brewers and bakers, carried their business outside the “liberties,” so that according to the story of the mayor and council “formerly there were divers and many habitations in which of time past were kept good and notable households, by the which many men and women were relieved and had their living and increase, being now uninhabited and greatly decayed, and some of them fall to ruin and utter destitution … and it is well understood and known that the principal cause thereof” was this wicked device of the independent dealers, by which the tradesmen in the city who had to pay “tax, tallage, and other impositions,” could not compete with those outside and “have not the sale and utterance of their bread and ale, as they in times past have had, to their great impoverishing, and manifold hurt and prejudice to the commonweal of the said city.” The suburban bakers sold their goods to “divers and many simple and evil disposed persons of the city as well to Scots, Irish, and other, which in no wise will apply themselves to any labour or other lawful occupations, but only they live upon sale and huckstry of the said bread, beer, and ale, and for that they have resorting unto them many vagabonds … whereby many well disposed persons be greatly annoyed and grieved.”[102] To restore trade to its primitive simplicity a law was passed with clauses against the mercenary Scotch and Irish, the troublers of the city’s peace, and dealers were forbidden to sell their provisions “to no inhabitant within the said city, but only to such persons as shall be thought by the mayor and aldermen of good disposition and conversation.”[103]

      The prejudice against unregulated trade was no doubt reinforced by the hostility of the town dealer to competitors who throve at his expense on illegal profits; but it was probably the governing body of the town which maintained the most serious opposition to all traffic that depended on the cheating of the common treasury of the borough.[104] For no trifling part of the town revenue came, as we see from the Nottingham records, from fines paid yearly by non-freemen for the privilege of holding a stall in street or market. In Canterbury “Tollerati” paid for the right of buying and selling during a limited period, and at the end of the time renewed the right by a fresh payment of what was called “Tolleration money”;[105] alien traders living without the liberties, there known as “intrantes,” took in Romney the name of “extravagantes.” Some towns shewed a jealousy of strangers, dictated no doubt by special circumstances; as in Preston, where the “Foreign Burgesses,” as distinguished from the “Inn Burgesses,” were drawn from the country gentry and squires and some inhabitants of the town,[106] and were merely freed from toll[107] for any goods bought for the use of their families, but were allowed no other profits of trade, and even though they were inhabitants had no right of common on marsh or moor, nor could they join in the election of any town officer nor be themselves elected;[108] while even with these restrictions no trader who lived outside the walls was admitted among them,[109] and it was only in course of time that alien dealers were gradually allowed on payment of a fine to set up stalls in the market-place and carry on their business under the name of “stallingers.” In general, however, an open purse was all that was needed to commend a stranger; and if the charge on it was sometimes excessive it seems to have been enforced mainly as a means of persuasion to enter the Merchant Guild.

      But for whatever reason the regulation of trade was thought desirable, whether to protect the consumer’s pocket or to fill the town treasury, it certainly was not intended to keep buyers and sellers at home, to hamper their enterprise, or to abolish competition. If protection and monopoly were allowed to look big, they were never allowed to get seriously in the way of business. In theory and sometimes in fact iron chains might be flung across the King’s highway, bars thrown athwart the river, and custom house officers set at the gate to levy toll and stallage.[110] But gates and bars and chains swung open everywhere before the trader “if he have the penny ready to take to;” the guilds enlarged their rolls for foreigners,[111] the towns granted them their privileges liberally. Since a man could hold citizenship in more than one borough a speculator or merchant doing business in a large way might always circumvent the rules against foreign dealers by being made citizen in some convenient trading centre as well as in his own town,[112] and so obtain power to carry on the business proper to an alien speculator with all the privileges of a resident burgher. Every pedantic hindrance, indeed, was removed out of the way of his enterprise, for a very slight study of town records disposes of the idea that mediæval trade was ultimately governed by the formal laws of statute books. Monopoly was broken through whenever it was advisable or convenient for special occasions. Bakers and victuallers who rose to municipal offices turned the assize of bread and the inspection of cooking houses and fish stalls into an idle tale. In the hands of merchants the laws of buying and selling were manipulated so as to interfere neither with the free circulation of goods nor with the instinct of the dealer to buy in the cheapest market and sell in the dearest; and it was still left possible to carry food where it was most needed, whether to supply a manufacturing centre such as Norwich or a city which was rapidly doubling its population like London.[113] If the law ordained that the forestaller was to be heavily fined for the first offence; for the second to lose his merchandise and be put in the pillory; and for the third to be deprived of the freedom of the city, the law was simply ignored, or some trifling fine was inflicted – a paltry sum which a prosperous trader might easily disregard.[114] In fact it would almost seem that the actual result of the trade laws was mainly to give the rich wholesale merchant an additional advantage over the poor trader. Forestalling and regrating became the fashionable privilege of town councillors and magnates who through their position and their wealth found it doubly easy to evade local ordinances, of London merchants who were buying all over the country to supply the needs of the growing city, and of dealers on a large scale

98

See Collectanea (Oxford Hist. Soc.), ii. 49.

99

Riley’s Mem. 180.

100

Ibid. 181.

101

Nottingham Records, iii. 354. Hist. MSS. Com. ix. 172-5. Ibid. v. 531.

102

Preamble of Canterbury regulations for brewers and bakers drawn up in 1487. (Hist. MSS. Com. ix. 173.)

103

Ibid. For suburban trades see girdlers and embroiderers in London. (Schanz i. 608. Rolls Parl. iv. 73.)

104

For the attempt at free trade in Winchester in 1430, following the example of Coventry and New Sarum, see Gross, ii. 261. Another rule of the assembly in the same direction was passed in 1471, apparently in the attempt to find a new source of income for payment of the ferm. Ibid. 262.

105

Muniments of Canterbury. In Southampton there was a class of Out-burgesses who did not live in the town; they were allowed to vote for a mayor and members of Parliament, but might not be present at a common council. (Davies’ Southampton, 197.)

106

Preston Guild Rolls, xvi. xx.

107

For breach of this custom see Rep. on Markets, 57 (Wallingford), 60-61. (Bosworth, Lafford.)

108

Preston Guild Rolls, xii.

109

Ibid. xii. xxiv. xxix. xxx.

110

Rep. on Markets, 61.

111

In 1209 there were fifty-six foreigners in the Shrewsbury Guild; forty years later they had increased to 234. (Hibbert’s Influence and Development of English Gilds, 18.)

112

Many merchants of Lynn were made freemen of Canterbury and also admitted to the Brotherhood of the Monastery, by letters of fraternity which gave them a share in certain spiritual benefits. Is it possible that any trading privileges were connected with this?

113

As far away as Nottingham oxen and sheep were forestalled and sold to butchers of London. Nott. Rec. iii. 48.

114

Leet Jurisdiction of Norwich (Selden Soc.), lxxiv.