English gilds : the original ordinances of more than one hundred early English gilds : together with The olde Usages of the cite of Wynchestre; the Ordinances of Worcester; the Office of the Mayor of Bristol; and the Costomary of the Manor of Tettenhall-Regis : from manuscripts of the fourteenth and fifteenth centuries / edited by Toulmin Smith ; with an introduction and glossary, etc., by Lucy Toulmin Smith ; and a preliminary essay on the history and development of gilds by Lujo Brentano

ÞESE BEN þE OLDE VSAGES OF þE CITE OF WYNCHESTRE, þAT HAUEþ BE Y-VSED IN þE TYME OF OURE ELDERNE, BETH AND SHOLLE BE TO þE FRAUNCHYSE SAUY AND SUSTEYNEY.

First Section

Þat is to wetynge, þat þer be, in þe town by-fore y-seyd, Meyre, y-chose by þe comune grauntynge of þe foure and twenty y-swore and vf [(sic.)] þe commune, principal sosteynere of þe fraunchyse; weche mayre be out-put fram ȝere to ȝere. And wych meyre ne vndurfonge no playnte ne no play by hym, ne pleydy of þinges þat toucheþ the rewle of þe town.

Off þe heuedes of þe Cite, sholde be foure and twenty y-swore, [Men having local duties were heretofore very often known as "sworn men," as in this case. In "The Parish" (second ed., pp. 69, 70) I have cited several instances of this, from the time of the Inquisitiones Nonarum (A.D. 1340) down to that of James I. It should be here remarked that the various officers enumerated in the first five paragraphs of these "Usages" do not include all the men of authority that were then known in the city. There was a Town Clerk, who will be found often named in these Usages. There were also Aldermen, who had important duties, as is well illustrated in the last of these Usages, whereby the "Alderman of þe stret" is bound to take a view of premises in certain cases, where the owner of a house is so unhappy as to be unable either to get his rent or find goods to distrain upon.] in stede of þe meste gode men and of þe wyseste of þe town, for to treuleche helpe and counseyle þe forsaid meyr, for to saue and susteyne þe fraunchyse. Weche foure and twenty sholde, to þe comenable somaunse of þe forseyde meyre, come. And ȝif hij be þennes, by-þowte ryȝtful enchesoun, euerych by hym-selue be in mercy of one besaunt, to þe profit of þe Citee at eche tyme.

Also, þer sholde be twey baylyues y-swore in þe Citee, and treweleche þe þefwyke wytye, and do alle men commune ryȝtfulnesse don. Þanne þe Meyre and þe foure and twenty, at þe borghmot of seynt mychel, sholle chese fowre gode men. And þe commune, of þes foure, chese þe tweyne afore y-sayd.

Also, fowre seriauntes sholde be in þe town y-swore, ȝerdes berynge, for to don þe hestes of þe Mayre and of þe baylyues by-fore y-seyd.

Also, twey coroners by-lyþ þat þer be in Wynchestre, y-swore in oure lord þe kynges by-halfe, oþer hys Justyces, to don here Offys al-so wel in þe sok as in þe Citee a-fore y-seyd.

Also, þe baylyues a-fore y-seyd sholde, at þe ȝeres ende, ȝelde vp here rolles of play and of þe Taraget, to lygge in commune ward for þinges þ^t myȝtte by-falle.

[A cross is put against this usage; showing that it was held important.] Also, non of þe for-seyde fowre and twenty ne shal susteyne partye in Court of þe Citee, ne be tellere ne vndurnemere of wordes, in harmynge of þe ffraunchyse of þe town.

Also, non of þe Citee ne shal don werche qwyltes ne chalouns [As the "chalouns" are here distinguished from "quilts," and as Chaucer describes

"A bedde"With shetes and with chalons faire y-spredde,"

it seems to follow that chaloun is another name for blanket. It is certain that it was some sort of bed-covering, and the language does not seem consistent with its being a counterpane, as distinguished from a quilt.] hy [(sic.)] -þoute þe walles of þe Citee, vp-on peyne to lese þat good, oþer þat worþy. And doþ to wetynge, þat euerych gret hows in wham me workeþ þe qwyltes, shal to þe ferme v.s. by þe ȝere, þey he ne worche but o-lupy cloþ. And doþ to wetynge, þat non ne shal makye fraunk who þat euere hald in hys hows, oþer in oþer stede; out-nome on to þe meyres hows, and an oþer to þe hospytal, and þe þrydde to þe clerkes of þe town.

And doþ to wetynge, þat þe Tapeners [It is not quite sure what was the work of the "tapener;" he had to do with the chalouns as well (see pp. 351, 352). Chaucer speaks of a "tapiser," who is explained to be "a maker of tapestry." May not the word tape (A.S. tœppe), be connected with the root of both? There was anciently a mystery of "tapicers" in London. (Herbert's Livery Companies, vol. i. p. 33.) [L. T. S.]] þat worcheþ þe burelles,

ram alle halowenetyd for here work shullen take for þe cloth xviij.d.: ffram þe annunciacioun of oure lady, and of þat tyme for to an-oþer tyme of al halowene, ij.s.

And doþ to wetynge þat non ne shal make burelle werk, but ȝif he be of þe ffraunchyse of þe town, out-nome þ^t eueriche fullere makye oon by ȝere, and euerych makyere on y-nome þe kynges ferme.

Aff oþere halue, doþ to wetynge þ^t þe chaloun of fowre ellen and o quarter of langnesse, [

It seems clear, from the measurements given, that the ell named in this "Usage" was the Flemish ell, of three quarters (27 inches). With the "Usage" itself, and the one that follows, the statute 4 Ed. IV. c. 1 (A. D. 1464), as to the length and breadth of broad cloths, &c., should be compared. It was not passed till more, probably, than a century later than the time of these "Usages of Winchester;" but it shows that the necessity for some regulations, to prevent fraud, had then become general, and were not confined to Winchester. It is a very remarkable statute. It begins by reciting that,—

"Whereas many years past, and now at this day, the workmanship of cloth, and things requisite to the same, is and hath been of such fraud, deceit, and falsity, that the said cloths in other lands and countries be had in small reputation, to the great shame of this land; and by reason thereof a great quantity of cloths of other strange lands be brought into this realm, and there sold at an high and excessive price, evidently shewing the offence, default, and falsehood of the making of woollen cloths of this land; Our said lord the king, for the remedy of the premises, and to the preferment of such labours and occupations which have been used by the making of the said cloths, by the advice, assent, request, and authority aforesaid, hath ordained and established certain Statutes and Ordinances in manner and form ensuing."

It is then enacted:—

"First, that every whole woollen cloth, called broad cloth, which shall be made and set to sale after the feast called St. Peter ad vincula, which shall be in the year of our Lord M.CCCC.LXV., after the full watering, racking, straining, or tenturing of the same, ready to sale, shall hold and contain in length xxiv yards, and to every yard an inch, containing the breadth of a man's thumb, to be measured by the crest of the same cloth, and in breadth ij yards, or vij quarters at the least, within the lists; and if the said cloth be longer in measure than the said xxiv yards, and the inches, then the buyer thereof shall pay to the seller for as much as doth exceed such measure of xxiv yards, according to the rate of the measure above ordained. And it is enacted and established by the authority aforesaid, That all manner of cloths called streits, to be made and put to sale after the same feast, after the full watering, racking, straining, or tenturing thereof, ready to sale, shall hold and contain in length xij yards and the inches, according to the measure aforesaid, and in breadth one yard within the lists. Also it is ordained and established by the authority aforesaid, That every cloth called kersey, to be made and put to sale after the said feast, after the full watering, racking, straining, or tenturing of the same, ready to sale, shall hold and contain in length xviij yards and the inches as is aforesaid, and in breadth one yard and a nail, or at the least one yard, within the lists."

The Act goes on to ordain penalties against certain mixtures with the woollen cloth; that cloth shall be made of uniform workmanship, "without difference in the weaving, fulling, knotting, or burling;" and that every piece of cloth shall be sealed with a seal, showing, by its shape and make, what is the quality and quantity of the cloth (in fact, an assay-mark). Provision is then made for the appointment of Keepers of the cloth seals (who are called "Aulnegers"), their duties and rewards. It is then recited that, "Whereas before this time, in the occupations of clothmaking, the labourers thereof have been driven to take a great part of their wages in pins, girdles, and other unprofitable wares, under such price as stretcheth not to the extent of their lawful wages, and also have delivered to them wools to be wrought by very excessive weight, which hath driven, and driveth men and women into discourage of such labour;" and it is enacted, under penalties, that clothmakers shall pay their "labourers, in any part of the said trade, lawful money for all their lawful wages and payment of the same," and shall deliver wool to them according to the due weight. On the other hand, the workmen, and especially the fullers, are enjoined to duly perform their duty in their occupations; likewise under penalties. Provision is made for the hearing and disposal, by the local authorities of every place, of all complaints and cases arising under these two last clauses. The whole statute is well worth careful study. Probably it did not touch the sort of woollen goods named in the above "Usages," because those Usages, kept alive under the vigilant eye of the bailiffs of Winchester, had already been found strong enough to meet the case. As to the means and the care formerly taken for the prevention of trade frauds, see further the General Note at the end of these Usages.

] shal habbe tweye ellen and an halfe

to-fore þe tapener in þe werke; þe chaloun of lengþe of fowre ellen and an halfe, shal habbe in worke þre ellen to-fore þe chaloun-makyere; þe chaloun of v. ellen, shal habbe in langenesse fowre ellen in þe werk to-fore þe chaloun-makyere. And þat euerich chaloun ouer þre ellen of lengþe out of a-syse be forfeted.

And þat þe chalouns þat eldernlyche hadde y-set, so halde here a-syse. And ȝif oþere chalouns beþ y-founde þat ne habbeþ þelke a-syse, in was hond hij beþ y-founde, be forfeted, ȝif hit ne so be þat hit ne be to sale.

Also, no wollemongere, ne no man, ne may habbe no stal in þe heye-stret of Wynchestre bote he do war-fore.

[A cross is put, in the left-hand margin, against this Usage.] Also, no man ne may bygge leþer grene ne skyn grene in þe towun, but ȝif he be of fraunchyse, vppeyne to nyme þat good to þe ferme of þe town. And þulke þat beth in fraunchyse, by whom hij hem mowe bygge, ne shulle hem nowt wiþ-ouþe þe fraunchyse lede.

Also, no ffysshyere ne no pulter ne shal bygge ffysch ne pultrye for to aȝen selle, er þat vndren be y-ronge.

Also, none manere vytayles þat comeþ in-to towne to selle, ne be nouȝt out of þe towne a-ȝen bore vn-sold, ne w^t-outen leue of þe baylyues, by-for þe tyme þat it be ones j-set to sale, to þe payne to lese þat good.

Also, no regratour ne go owt of towne for to engrosy þe chaffare, vpon payne for to be fourty-dayes in þe kynges prysone. ["Forestalling the market," "regrating," "engrossing," and "monopoly," are offences of the same kind; and they are all of them offences at Common Law, as interfering with fair and open sale and prices, and with the freedom of trade. "That monopolies are against the ancient and fundamental laws of the realm," says Lord Coke, "and that the monopolist was, in times past, and is much more now, punishable, for obtaining and procuring of them, we will demonstrate it by reason, and prove it by authority." (Third Institute, p. 181.) The above Usage of Winchester might have been cited by Lord Coke as an illustration of his chapter "Against Monopolists."]

Of custome of þe ffysch is þus:—þat no man ne may habbe a bord but onleche of þe kynge, and ech bord shal to þe kynges rente a ferþynge þe day þat þer ys ffysch open; and þat ne no man out nyme by no manere of fraunchyse.

Also, euerych cart þat comeþ in towne, oþer fysh to sale, what fysh þat he bryngeþ, of what fraunchyse þat he be, he shal to þe kynge an halpeny, as meny tyme as he cometh, for þt bord þat stond by-fore hym.

Also, euerich cart, out of þe fraunchyse, shal to þe kynge by custome ij pans and an halpeny, what ffysh he bere to sale. And euerych horse-burdene of fresh fysh þat comeþ in-to þe

town to sale, and be out of fraunchyse, shal to þe kynge þre halpens of custome. And of shalt fysh an halpeny.

And also, euerych cart, out of fraunchyse, comynge in-to towne wiþ samown, shal to þe kynge of custome þre þans, þey he ne brynge but o sawmown; and han horseberdene, þey he brynge but oon, twey pans. And vp-on mannes rygge, a peny.

Also, euerych hundred of laumprons comynge in-to towne, shal fyue laumprons to custome to þe baylyues of þe town, to here owne by-of-þe, and non oþer custome.

Also, euerych sellere of herynge in þe lente, shal to þe kynge fyfe pans, and to þe baylyues a pycher wyn, of what fraunchyse þat he be. [The word "And" is written in the margin against this Usage. The meaning of such a note is not very intelligible.] And no ffysshere ne shal wete myd water salt fyche, þer þat þer comeþ fysche to selle, but ȝif he do to þe baylyues werfore.

Also, þe vsage of fleshemongeres ys swych, þat euerych fleshemongere, out of fraunchyse, þat haldeþ stal, shal to þe kynge of custom fyue and twenty pans by þe ȝere.

Also, þulke þat buþ out of fraunchyse, þat haldeþ, byggeth Get, Shep, swyn, and a-ȝen selleþ vn-shlawe, shulde to þe kynge fyue pans by þe ȝere of þe custome of swyn. And to þe clerke of þe town, a peny for to entre here names, þey he hit ne do but o-lupy beest. ¶ And alle marchauntes of Get, Shep, oþer swyn, þat beth out of fraunchyse, and haunteþ þe town, þey he ne come but ones in þe ȝeer, so shulde þe selue custome.

Also, euerych bakere of þe town þat makeþ bred to sale, shal to þe kynge of custome ijs. by þe ȝere, and to þe clerke of þe town a peny. And he sholde make whitbred, and wel y-bake, after þe sale of corn, and vp-on þe a-syse of þe marchasye; þat is to wetynge, þat ȝif þe ferþingloff is in defawte of wyȝte ouer twelf pans, þe bakere is in þe a-mercy. ¶ And for euerych defawte by-þynne þe amountaunce of þre shyllynges, as vp-on þe quantyte of þe trespace. [See the General Note at the end of these Usages.] ¶ And whanne þe ferþyng-lof is in defawte of

wyȝte ouer þre shyllynges, þe bakere shal bere þe juwyse of þe town.

Also, euerych sullere of bred in þe heyȝestrete of Wynchestre, þat is out of fraunchyse, shal to þe kynge to custome, by þe ȝere, twey shullynges, and to þe clerk a peny, ȝif he selleþ meche by ȝere; and ȝif he sulleþ lasse, vp-on þe quantite. ¶ And at oþere stretes, sex pans oþer þre, oppon þ^t handworke is. And doþ to wetynge, þ^t non of hem ne sholde fecche here bred, but þere þe lapen stondeþ, vp-on peyne of þe amercy of þe byggere and of þe sellere, to-fore þe tyme of none. ¶ And þat non of hem ne fecche no bred of non bakere whanne hij ne mowe habbe no warant; and ȝif hij do, þat hem self hyt waranty. ¶ And þat euerych bakere habbe hys seal y-knowe vpon hys loff, þat he ne mowe wiþ-segge ȝif he is of take oþer þan weel. [A special mark is put, in the right-hand margin, against the last clause of this Usage, as to sealing the loaves.]

Also, euerich brewestere of myȝte of towne, þ^t breweþ to sale, þat hij make good ale, vp-on þe sale, vp-on þe corn, and vp-on þe assyse, y-ȝerle. And ȝif he oþer-loker doþ, be in þe kynges mercy, as many tyme as þe baylyues hem mowe of take. [See the General Note at the end of these Usages.]

Also no brewestere [The word "brewester" is usually stated, in glossaries, to mean a female brewer. But it is expressly put down, in the Promptorium Parvulorum, as used for either male or female brewer.] out of fraunchyse, ne may brewe w^t-ynne þe power of þe Citee, to sale, but ȝif hij do warfore to þe baylyues vp-on þe quantite of here dedes.

[In the margin of the roll, there is put against this "Usage" a mark thus [a finger pointing left], and the words "[a backward dollarsign] quer̛" twice repeated; showing that the paragraph was often cited in behalf of complainants.] Also, no man out of fraunchyse, of what craft þat he be, ne may bouþe halde, ne bygge, by-þynne þe power of þe town.

Also, euerych cart ? load of wool y-seld in þe town, to men out of fraunchyse, shal to þe kynge of custome an halpeny. Of myddel custome is þus:—þat oon ? stone of wolle þ^t comeþ to towne freleche, and be out of fraunchyse, shal to þe kynge of

custome a ferþinge; and tweye to-gedere a ferþinge; and þre to-gedere an halpeny; and fowre, an halpeny; and fyue, an halpeny; and sexe to-gedere, þre ferþinges; and seuene, þre ferþinges; and eyȝte, a peny; of þilke þ^t beþ out of fraunchyse. ¶ And ȝif þer be nyne stones, to-gedere oþer seueraleche to one man, oþer at one tyme, þelke shal to þe kyng twey pans, for to y-wite of wiche fraunchyse hit be þat he hit haþ y-brouȝt. [By the Statute of 43 Edw. III. (A.D. 1369) it is enacted, that "the staples of wools, woolfels, and leather, of the realm of England, shall be holden in the places under-written: that is to say, at Newcastle, Kingston-upon-Hull, Saint Botulph [Boston], Yarmouth, Queenborough, Westminster, Chichester, Winchester, Exeter, and Bristol:" freedom of trade in wools, &c., is guaranteed, "so that no wools, woolfels, nor leather shall pass out of the realm of England, Ireland, nor Wales, till they be brought to the Staples, and there weighed, cocketted, and customed; and that all the wools that shall be brought to the Staples at Westminster and Winchester, shall be, betwixt merchant and merchant, or merchants and other, lawfully weighed by the standard; and every sack and sarpler of the same wools so weighed, sealed under the seals of the Mayor of the Staple and of the constables;" &c., &c. This Statute, and more than one of the older "Usages" in the text, throw mutual light upon each other.]

Off Chese, botere, Grece, and smere, is in þilke selue manere in alle poyntes as is y-seyd by-fore of þe Custome of wolle. Chese, Botere, Grece, and Smere, þare þe kynges wyȝte by-lyþ, shal nyme as meche of þe halue peyse as of þe hole wyȝte.

[A large cross is put, in the left-hand margin, against this Usage. See the General Note at the end of these Usages. ] And doþ to wetynge, þ^t ech manere good, þare þe wyȝte by-lyþ, þat hit be y-lad by-þinne þe power of þe towne to selle; þe kynges by whas wyȝte hit be y-weye, and wych fraunchyse þt it be, and whos good þ^t hit be. ¶ And ȝif þer is eny pryue oþer straunge þat to þe wyȝte shal, and he hit hele ouer o nyȝt, he is in þe kynges mercy vp-on þe quantyte of þat mysdede.

Also whan gaderynge shal be a-rered in þe Citee, by þe kynges heste, oþer for commune nedes of þe towne, sexe godemen shulde be y-chose by þe commune grauntynge, and y-swore,—þre of þe foure and twenty, and þre of þe commune,—to gadery þilke talage

and vndurfonge, and trewleche hit spende and trewleche a-countes ȝelde. ¶ And whanne Mayre, oþer baylyues, oþer oþere godemen, goþ out of towne, for commune profyȝt vp-on þe commune porse, so þey sholde, at here a-ȝe comynge, ȝelde trewe a-counte to þilke sexe a-fore seyd, by-þowte taryȝynge. ¶ And ȝif eny good man of þe town leiþ his good to þe commune nede of þe town, by þe hondes of þese sexe y-swore by-fore y-seyd, be y-leued by skore, oþer by þilke selue y-ȝolde.

Also, whanne me porveyde gylde chaffare, me shal, by commune a-sent, by þe maystres of þe towne, a-spyȝe folke þ^t be couenable and of good loos, and gadere þat ryȝte of chepmen. ¶ And þat euerych of hem habbe fowre hynen stalworthe, oþer mo, and þelke þ^t beþ y-herborwed in foure houses, as hij ouȝte to be in alle tymes. ¶ And whanne me haþ wel trewe y-chaffared in þe fowre howses, hij shulle hem a-sembly for to y-se þt hij habbeþ a-rered, and of þan þat hij mowe a-rere. And ȝif þ^t eny þing ys mysdoun, by commune assent þat hit be a-mended. ¶ And ȝif eny hows is more worþ þan an oþer, be hit y-charched to hys worþy. And þat seluer þ^t shal be a-rered of þilke hows by-fore y-seyd, be y-take to sexe godemen by-fore y-seyd y-chose and y-swore, for þe Commune assent, and treweleche wetye, and trewleche spende, and treweleche a-countes ȝelde to godemen of þe town twyȝes by þe ȝere, by skore oþer by scryt. [Among the numberless losses which have befallen the original returns made from the Gilds in the time of Richard II., has been that of all the returns from Winchester Gilds. But it is well known that an important "Gild of Merchants" existed in that city at the time. In "Transcripts from the Municipal Archives of Winchester," by the late Town Clerk of that city, for a copy of which I am indebted to the courtesy of his son, the present Town Clerk, this "Gild of Merchants" is often mentioned, both early and late. So late as 1705, Prince George of Denmark was made a freeman of Winchester and "one of the Gild of Merchants" of the city. The close connection between the Gilds and the Corporations has already been shewn in the Introduction to this volume. It is not therefore strange that the arrangements for the great periodical sales, or fairs, such as the above "Usage" seems to deal with, should be found in a record of the Usages of this city. In some places in England there were "hans-houses," which were probably used as the head-quarters of these great sales or fairs, just as very many parishes used to have a so-called "Church House" for public purposes. It seems from the above "Usage," that, in Winchester, four houses were used for these great sales. It is not clear whether they belonged to the Gild, or were hired for the time. The statement that the serving-men "ought, in all times," to be in the four houses, perhaps means that the houses belonged to the Gild, and ought never to be left empty.]

Off Gates of þe towne of Wynchestre, whanne þe baylyues of þe town shulle nyme of hem þat beþ out of þe fraunchyse and custome, shulle is þus:—Þat euerych cart þ^t bryngeþ corn to towne to selle, an halpeny of custome as many tyme as he comeþ, and þe horsecharche a ferthynge.

Also, euerych cart þ^t bryngeþ yre oþer steel, twey pans; an horse-charche, a peny.

Also a cart þ^t bringeþ newe sadeles, to carye, by strete oþer by lanes, corden oþer tray, shal of custome twey pans; an horsecharche a peny.

Also euerych cart þ^t ledeþ mylle-stones, fowre pans. And euerych cart þ^t beretþ tyn oþer led to selle, fowre pans; and for an horse-charche, twey pans.

Also, tonnes and barelles þ^t comeþ in carte, sholde custome a peny; an horselode an halpeny.

Also, euerych cart þ^t bereþ y-tanned leþer to selle, shal twey pans; an horse-charche, a peny.

Also, euerych a cart y-lade w^t mader, þ^t comeþ to selle, twey pans; an horse charche a peny.

Also, y cart y-lade w^t wodewexen to sale, fowre pans; an horsecharche, a peny. [The "woad-waxen" seems to be the plant genista tinctoria, or "dyer's green-weed," which yields a yellow dye. As to what is more commonly called "woad," there is a strange contradiction between the authorities. In Macgillivray's "Withering's British Plants," it is stated to be the reseda luteola, which "affords a beautiful yellow dye, and is cultivated for that purpose;" while Loudon says that it was formerly called "glastum," and is the isatis tinctoria, which gives a blue dye. Both are English plants. Junius (Etym. Anglic.) gives a definition that agrees with Loudon, and not with British Plants: - "Wod, woad; Sandix, isatis, glastum," &c. Dr. Ure, in his "Dictionary of Arts," agrees also with Loudon. ]

Also, euerych soutere þ^t wonyeþ in þe Citee þ^t halt shoppe, shal to þe kynge, by custome, sex pans by þe ȝere, and þo [(sic.)] þe

clerke a peny for to enrolly hys name, þey he ne come but ones a ȝer.

And al-so, vsage of þe mayster dyhȝeres of peyntours in þe Citee, þ^t tweyȝe godmen and trewe be y-chose by commune assent, and y-swore to assaye þe chaffare of straunge chapmen þ^tcomeþ in to þe towne to selle, and to don trewleche þe assys to þe sellere and to þe byggere.

Also, euerych tannere þ^t halt bord in þ^e heyestret of Wynchestre, shal, for þe stret þ^t he for-nemeþ, twey shullynges by þe ȝere; and to þe clerk a peny in þe name of talage.

Euerych sellere fo [(sic.)] grece and of smere and of talwȝ, shal, at þe feste of Estre, to þe kynge a peny, in þe name of smergauel.

Verte.

[ Three inches from the top edge of the roll, at the back, and so as to meet the eye when the roll is folded up and in its place, are written, in a large hand, the two numerals "C C." Doubtless this was the number by which the roll was known in some ancient inventory of the archives of Winchester.]

Also, euerych sowtere þ^t makeþ shon of newe roþes leþer, shal bote, at þat feste of Estre, twey pans, in name of shongable. And þese vsages beth of hem þ^t beth of fraunchyse of sowter as of oþere.

Also, þer is, in þe Citee a-fore y-seyd, a seal commune and an autentyk, myd wham men seleþ þe chartres of ffeffement of þe town; wheche chartres hadde y-be in þe warde of þe Alderman þat hadde y-maked þe sesynges, a ȝer and a day by-þowte chalangynge of eny man; to weche selynge lat crye þe ban þorghe þe town þe þridde day by-fore þe selynge.

And þe chartres þat þus were y-preserued by þe Aldurman by fore y-seyd, þat witnessede þe sesynge good, and wetynge of þe chartre w^t-þowte chalynge y-herd, and y-saued by þat seal for euere mo.

And doþ to wetynge þ^t euerych chartre þ^t shal be a-seled,

þelke þ^t shal a-sely shal, for þe selynge, have sex pans for wex and for al.

And he doþ to wetynge, þ^t þe seal by-fore y-seyd shal be y-weted vnder þre heuedes. [A mark is put, in the right-hand margin, against the second clause of this Usage, as to the coffers, locks, and keys.] Warfore twey godemen of þe fowre and twenty y-swore, sholle kepe þe two, and a godeman of þe commune þe þridde. ¶ And þilke cofre w^t þe þre heuedes shal be y-set in a more Cofre, y-fastened w^t twey lokes. Warfore þ^to goodman of fowre and twenty shal kepe o keyȝe, and on of þe commune shal kepe þat oþer keyȝe.

Rules of Pleading

Þe ordre of pledynge þ^t me pledeth in þe Cytee of Wynchestre ys by swych a-vys, þat euerych man of þe fraunchyse þ^t is empled, may habbe þre resonable somounces to-fore shewynge ȝif he hit habbe wele; þere þat a-tachement ne by-lyth nouȝt; and for hym-selue may habbe as vele.

[A cross is put, in the right hand margin, against this Usage.] And he doþ to wetynge, þat þulke þre somounces shulle be y-maked by þre dayes fulfullyd, but ȝif sollempne fest ne distourbe hit, oþer þat þe court ne be fram day to day y-helde, so þ^t þe playntyf to euerych court him profry to þe to somaunce procuratours.

And ȝif a man is a-tached þer þat somynge by-lyth to þe nexte court by þe dystresse delyuered, and he habbe þe ryȝtful somaunce after þe vsage of þe town, whanne þe heste is to don, þe furste somaunce on him be y-maked or he come to towne, ȝif hit ne be pley of lond by wryt.

And ȝif a man be-owt of fraunchyse be empleted, he ne shal habbe but one somaunce ouer o nyȝt, ȝif he ys in towne y-founde.

And ȝif he is y-pleted by wryt of plee of londe, so may he habbe, ȝif he wele, þre folwande somaunces, as þilke þat beth in fraunchyse.

And ȝef a man þ^t is in fraunchyse, at þe furste somaunce, oþer

at þe secunde, hym sheweþ, he ys y-holde to answerye atte þe þrydde.

And whanne he sheweþ wiþ-oute dystresse, weiþer he be of fraunchyse oþer ne be, and be of towne; so may habbe day of towne, and ten for ten; and ȝif hit be assone, oþer hit be shewynge ys y-pleted, al þat play eyȝte dayȝes for to he be a-skaped.

And ȝef a foreyne empledy þe teþynge, þe teþynge ne haþ bote þre dayes to shewynge by þe dayȝe of þe towne, ne myd oþer delayes.

[A cross is put, in the left-hand margin, against this Usage.] And whanne þe teþynge empledeþ a foreyn, þe foreyn haþ his delay, of eyȝte dayȝes in to eyȝte, by-þowte day of towne, and y-preued after assoyne.

Off play of londe, þe seyȝte þat non wyþorawe ȝef he ne toucheþ ryȝt. And þat commune law hym be y-entred, þe axere and þe defendaunt, to shewe of ryȝt tellyng, and in þe defendynge, and out nome mornynge vyȝtynge and gryeþ assyse; so þ^t þer be enqueste y-nome by twelue godemen y-swore ryȝt y-don to þe remenaunt.

And doþ to wetynge, þat þe wryt þat me pledeth in þe Citee, by-fore Justyces, oþer by-fore baylyues of þe towne, beþ empne wrytes of newe dysseysyne, and of alle Justyces owt-nome ȝeresrente.

[There is a special mark, in the left-hand margin, against this Usage.] And wriȝt of ryȝt of dowarye, and of riȝtful partyȝe, and of riȝt, and of axere, and þe defendaunt may make a-torne to alle manere partyes and plays, by wryt in presence of partyȝe. And þ^t essoyne of oþer men ne be a-lowed in none manere of play y-cast, for þilke þ^t fyndeþ somaunce; and ȝif he nys y-founde, be y-cast þe assoyne vp-on þe fyfte somaunce oþer nouȝt a-lowy.

And so habbe fowrty dayes; and ȝif he in þe fourty dayes comeþ in-to towne, and he wele sewy, be a-ȝen somened vp-on þe somaunce a-fore y-seyd. And may þanne, ȝif he wele, caste a new soyne of harme y-falle, and habbe delay eyȝte dayȝes, so þ^t, by-fore

answere, ne legge non oþer delay, but ȝif hit be for swerynge of mo parteneres of play of londe by ryȝt.

And of plee of dette is þus vp-on þe heued answere; ȝif þ^tþe axkere bryngeþ skore oþer wryt, and aske þe berynge y-hole-cheche, no day of answere be y-graunted by þe court, w^t-þowte grauntynge of þe askere, but þe defendaund graunteþ.

Whos paye y-maked by skore oþer by scryt oþer by sywete, so þ^t he bere tayle tayle [(sic.)] oþer scryt, to preue hit vp-on hure nature, and ȝif he lete, sende his adversaryȝe habbe his defens vp-on on ryȝt of londe.

Also after þe deth of euerych haldere in ffee, sholle þe baylyues of þe Citee seysy sympleleche þe tenemens of weche he deyd y-seysed, for to y-wyte bet who-so is next eyr. And at þe nexte Eyr, and at þe nexte court, by þe for-seyde tenemens y-ȝoulde, so ȝif eny more next a-leggy þ^t in erthe his frendes day to don hem come vp-on þe dystaunce of godes.

And ȝef he is out of londe fowrty dayȝes, and ȝif he at his day comeþ, habbe he shal þ^t ylke stat þ^t he shulde haue y-had, ȝif he hadde be present þe day þat his eldere deyde. And ȝif at hys daye ne comeþ, and weneþ riȝt, habbe hys cleym vp-on þe lawe of londe.

And of a ȝere and o daye y-vsed in þe Citee, doþ to wetynge: who-so þ^t euere lond oþer tenemens, by fallynge oþer by purchase of whom he habbe seysyne by baylyues, oþer by certeygn borw of þe comynge, a ȝer and a day, by-þowte cleym and chalangynge of eny, be þe askere out-putte for euere, but ȝif he were with-ynne age, oþer out of londe, oþer in prisone, oþer þat þer be ryȝtful partyȝe.

Also, vsage of ȝeer and of day a-fore y-seyd:—þ^t ȝif eny þo þat nymeþ rente of eny tenement in fraunchyse of þe Citee, and his rente holleche be by-hynde, oþer half oþer more, and he ne fynde for to dystreyne, and he habbe housynge and folk wonyȝynge; by leue of þe baylyues of þe town, nyme þe dores and þe fenestres. ¶ And ȝif myd þan ne may hys tenement riȝt, ne oþer dystresse fynde, by sewte of þe court, and þe syȝte of alderman of þe stret, and of a seriaunt, be y-set a stake on þe lok þar is þe dore,

and be y-entred in þe court; and sewe fram eyȝte dayȝes to eyȝte; and þe þrydde and þe furþe a ȝer and a day y-fuld of þe-furste day of sewte. And ȝif þanne non ne comeþ to don þe riȝt, lese þe tenaunt by-þowte rekenerynge, wheyþer he be of age oþer ne be, so nauȝt þer-fore þt by-fore þt ȝaf iugement y-passed, myȝte eueremore grey doun. Wych jugement ne be delayȝed, to þe harme of þe askere, and to swych sewte be y-maked to londe y-sold where þt þer nys. And þt no man ne legge in lond ne in tenement by-fore y-seyd, þe whyle þe suquestre ys þare set.

Explicit.

GENERAL NOTE.

THESE "Usages" of Winchester are now printed for the first time. The original is an ancient Roll, of the fourteenth century, made up of two skins of vellum sewed together. The entire Roll is five feet and two inches and three-quarters in length, and varies in breadth from seven and a-half inches to eight inches. The greater part of the upper edge has been irregularly torn or cut away, and the same thing has happened to the left-hand margin at the bottom, for a length of eight inches. In neither case, however, has any writing been destroyed, except that the initial letters of the nine lower lines are partially gone. One small word is destroyed in the first paragraph, a hole having been eaten in the Roll.

The original writing was in a strong and fair hand; but many parts have become so worn and faint, through time and use, that they have been by no means easy to decipher. The heading is written in red ink; and the first letter of every paragraph is also put in a large capital red letter. There are also rubrications, after full stops in the middle of several of the paragraphs. A wavy red line is put between each of the first twenty paragraphs, and also between the twenty-sixth and twenty-seventh paragraphs, but not elsewhere. The Roll is written on both sides.

The greater part of the Roll is of general interest; and I have given a marginal abstract of all those parts. But the latter nineteen clauses of the "Usages" touch upon technical matters of pleading, &c.; and,

though useful to the philologist, they can have no general interest. I have, therefore, only pointed out their subject.

I have added a few notes. To do full justice to such an interesting document would alone require a volume.

[As to the exact date when these Usages were made, that cannot be now ascertained. In the cases of the Bristol Ringers (before, p. 293), and of the Tettenhall Customary, we have the ancient Ordinances preserved to us through later copies taken one after another. In the case of Winchester, the record itself, though very ancient, points back to the still earlier "tyme of oure elderne," in which these now "olde" Usages were used, so that this, itself written in the fourteenth century, must be a copy of a still older document.

The curious picture of the municipal self-government of so important a city as Winchester, presented by these Usages, is of the highest interest. It not only carries us back to the early municipal and commercial life of the city, and its connexion with the Gild of Merchants (see p. 357), but shows what care our forefathers had, among themselves, ages ago, for the matters that pertain to general health and justice. As the study of the old laws on those subjects helps the understanding, both of these Usages and of the Ordinances of Worcester and of Bristol, a short summary of some of them will not be out of place here.

From a very early time the need for establishing some general rules, touching the fair supply of certain necessaries of life, has been recognized in England. As Lord Coke says, "for weights and measures, there are good laws made before the Conquest;" [Second Institute, p. 41.] but without going back so far, it is enough to begin with the Magna Charta of John, which contains a chapter (35) declaring that there shall be uniform measures and weights throughout the kingdom. The substance of this chapter is found in the subsequent confirmatory editions of Magna Charta. In that confirmed in the 9th year of Henry III., and again in the 25th of Edward I., it stands as follows:—"One measure of wine shall be through our realm, and one measure of ale, and one measure of corn, that is to say, the quarter of London; and one breadth of dyed cloth, russets, and haberjects, that is to say, two yards within the lists. And it shall be of weights as it is of measures." As the prices of bread and of ale depend on that of corn, the importance of this law was very great. A general principle was here affirmed, other Statutes however dealt more with details, the examination of which throws much light on many of the clauses in the Winchester Usages.

There is a group of three Statutes, usually assigned to the date 51 Hen. III. (1266), of much interest on this subject. The first of these, called "The Assise of Bread and Ale," begins by settling the weight of the farthing loaf of different qualities of bread relatively to one another, and goes on to fix a table of the relative weight of bread to the price of corn. The first sentence of this table declares that "when a quarter of wheat is sold for xviiid., then wastel bread of a farthing, white and well baked, shall weigh ivl. xs. viiid.;" as the wheat increases in price, of course the farthing loaf diminishes in weight, so that when we come to wheat at 20s. the quarter, it only weighs 6s. 9 3/4d. It is further shown what gain there will be to the baker, "as it is proved by the King's bakers." As to ale, it is declared that "when a quarter of wheat is sold for 3s. or 3s. 4d., and a quarter of barley for 20d. or 2s., and a quarter of oats for 16d., [They made beer of oats in Berwick (see before, p. 345).] then brewers in cities ought and may well afford to sell two gallons of beer or ale for a penny, and out of cities to sell three gallons for a penny. And when in a town three gallons are sold for a penny, out of a town they ought and may sell four; and this Assise ought to be holden throughout all England." Punishments are added for not keeping these Assises.

The second of these Statutes, "The Judgment of the Pillory," sets forth the manner of making local inquests; ["The Boke for a Justyce" (1541) charges the jury to inquire "of Mayres, Bayliffes, Sheryffes of Towneshyppe, if they haue putte and done their offyces of settynge of the assyse of breade and ale." (Book I. p. 20 b.) See this in active working in Worcester, after, p. 381.] and gives detailed articles of inquiry to be made (among other things) as to weights and measures; the price of wheat, and the agreement therewith of the weight of the "wastel of a farthing" (for default in which "the baker ought to be amerced, or to undergo judgment of the pillory, according to the law and custom of the Court"); [Is not this judgment the "juwyse of the town"? See p. 355.] the Assise of wine and of ale, and the price of the latter. It is declared that upon every measure, weight, "and also upon every loaf, the name of the owner shall be distinctly written."

The third Statute, "Concerning Bakers, &c.," declares that "the Assise of bread shall be kept, according as it is contained in the writing of the Marshalsey [The "marchasye" of the Usages, before, p. 354.] of our lord the King, delivered unto them, after the sale of wheat, that is to wit, the better, the worse, and the worst. And as well wastel bread, as other of what sort soever they be, shall be weighed, according as it is said, by the sale of the middle

corn." "Every baker shall have a mark of his own for his bread." Bakers and brewers not keeping the Assise are to be punished.

In "The Mirrour of Justices," written in the time of Edward I., among the articles of inquiry set forth as usually made at the view of frankpledge in the Hundred-court, is the following:—"Of every breach of the Assise of bread, beer, wine, clothes, weights, measures, beams, bushels, gallons, ells and yards, and of all false scales, and of those who have used them." Like inquiries are directed to be made by the Statute known as "The View of Frankpledge" (18 Edw. II.).

The Act 23 Edw. III. c. 6 (A.D. 1349) enforces the responsibility of the mayors and bailiffs of cities, boroughs, and sea-ports, for the sale "of all manner of victual" (among which are bread and ale) at "a reasonable price." This Act is confirmed and re-enforced forty years later by the 13 Rich. II. c. 8. The Usages of Winchester illustrate the recognition of the responsibility thus declared.

The making of horse-bread was formerly a regular part of the baker's business. The Statute 13 Rich. II. Stat. i. c. 8 (1389) ordains "that no hosteller make horse bread in his hostry nor without, but bakers shall make it." The Ordinances of Worcester also affirm the same (after, pp. 376, 406). At Exeter the horse-loaf was to be made of "clene benys" (before, p. 337); but the "Assise of Bread" had it that "the lof of al maner of corn, that is to say, the horse lof, shal wey two halfpeny white lofis." (MS. Book of Orders for Bakers, by two Clerks of the Market. Date about 1468; quoted in Strype's Stow's Survey, cd. 1720, bk. v. p. 341.) In Elizabeth's time the bakers are to "sell and deliver unto innholders and victuallers in horsebread, but three loaves for a penny, and 13 pennyworth for 12d., every one of the same three horse loaves weighing the full weight of a penny white loaf, whether wheat be good, cheap, or dear." ("Book of Assise," by J. Powel, quoted in Strype, as before, p. 338.)

As to weights and measures and the care taken to maintain these just, the enactments are too numerous to specify them all here. It has been seen what Magna Charta declared on the matter. In the Statute "Concerning Bakers, &c." before mentioned, after providing for the maintenance of the imperial standard of bushels, gallons, and yards, it is enacted that "no measure shall be in any town unless it do agree with the King's measure, and be marked with the seal of the commonalty of the town….And all the measures and yards, both great and small, shall be viewed and examined twice in the year….The standard of the bushel, gallon, and yard, and the seals wherewith measures are to be sealed, shall be in the custody of the Mayor and bailiffs, and of six lawful persons of the same town being sworn, before whom all measures shall be sealed." The Statute

25 Edw. III. Stat. v. c. 10 (A.D. 1351), after reciting "the Great Charter that one measure shall be throughout England, which Charter hath not been well kept and holden in this point in times past," proceeds to enact "that all the measures, that is to say, bushels, halfbushels, peck, gallon, pottle, and quart, throughout England, within franchises and without, shall be according to the King's standard." This Act was confirmed by an Act of 8 Hen. VI. c. 5 (A.D. 1429), when it was further ordained that a common balance, with common weights sealed according to the Standard of the Exchequer, should be kept in every city, borough, and town. This appears to have been done in Winchester (see before, p. 356).

That these enactments were not a mere form, but were carried out in practice, is also illustrated by the following articles of inquiry to be made by the jury of every Court Leet, quoted from "The Maner of Kepynge a Courte Baron and a Lete" (published about 1541). "Also of all common bakers amonge you that make vnholsom breade for mannes body & kepe nat the assyse, ye shall do vs to wete. Also of all brewers & tapsters that brewe and kepe nat the assyse, and sel by cuppes, dysshes, and bolles, and by measures vnsealed, ye shall do vs to wete. Also if there be any amonge you that vsethe double measures, that is to say, a great measure to bye with, and a smaller to sell with, or vseth false ballaunce or weyghts or yardes in deceyte of the kynges people, do vs to wete."

It will be observed above, in speaking of the Assise of bread, and also in the clauses of the Usages of Winchester touching the sale of bread, that the weights made use of were pounds, shillings, and pence—the baker is to be punished according to the amount that his "ferthing loaf is in default of weight over twelve pence," or "over three shillings" (see before, pp. 354, 355). A Statute called "The Assise of Weights and Measures" (printed as 31 Ed. I.) is worth study in connexion with this point. It begins thus:—"By consent of the whole realm the King's measure was made, so that an English penny, which is called the sterling, round without clipping, shall weigh 32 grains of wheat dry in the midst of the ear; 20 pence make an ounce; and 12 ounces make a pound London, to wit, twenty shillings of sterlings; and eight pounds make a gallon of wine; and eight gallons of wine make a bushel of London; which is the eighth part of a Quarter." The Act gives much curious information as to the value and worth of measures, weights, and computations then declared to be in use. Among others,—"Item, it is to be known, that the pound of pence, spices, confections, as of electuaries, consisteth in weight of twenty shillings. But the pound of all other things weigheth twenty-five shillings. But in electuaries the ounce consisteth of twenty pence, and the pound contains twelve ounces: but in other things the pound

contains fifteen ounces: but the ounce in either case is in weight twenty pence."

Ill-seeming men were apt, in ancient times as well as modern, to overreach their neighbours in the way of trade if they could. Piers Ploughman gives a long string of the sins of Covetous, and makes him confess that

"Wikkedly to weyeWas my firste lesson;To Wy and to WynchestreI wente to the feyreWith many manere marchaundise.Ne hadde the grace of gyle y-goAmonges my chaffare. [typographic * * * *] My wif was a webbeAnd wollen cloth made.She spak to spynnesteresTo spynnen it oute. [typographic * * * *] This craft my wif used.Rose the RegraterWas hire right name.She hath holden hukkeryeAll hire lif tyme." (Passus Quartus.)

The frauds in cloth-making which Covetous here says he used,

"Till ten yerdes or twelveHadde tolled out thrittene,"

were met by many and various Statutes, of which examples have been given before, pp. 351, 356.

The Acts directed against "fore-stallers of wines, victuals, wares, and merchandises which come to the good towns within the realm by land or water," (2 R. II. Stat. i. c. 2), engrossers, and regrators, [See before, p. 353.] are numerous, and were continued till comparatively recent times. The before-named Statute of Bakers, &c. (51 Hen. III.) gives a good specimen of the mode of dealing with a forestaller, who is pointed out in indignant words to be "an open oppressor of poor people and of all the commonalty, and an enemy of the whole shire and country;" it is declared that "he that is convict thereof, the first time shall be grievously amerced, and shall lose the thing so bought, and that according to the custom and ordinance of the town; he that is convict the second time shall have judgment of the pillory; at the third time

he shall be imprisoned and make fine; the fourth time he shall abjure the town." And a principal object of the inquiries that used to be systematically made before the administrative officers throughout the country, was to ensure the due execution of the laws against these and other like offences against just and fair trading (see "Ye Office of Shyryffes," about 1530; "The Boke for a Justyce of Peace neuer so wel and dylygently set forthe," 1541, pp. 20 a to 21 b; Lambard's "Eirenarcha," 1614, pp. 349, 450, 607).

Forestalling, regrating, and engrossing seem to have been, notwithstanding, ever-living offences, for so lately as the year 1800, the "high price of provisions having manifestly been occasioned by forestalling and regrating, more than by any real scarcity," (Aris's Birmingham Gazette, Aug. 4, 1800), the inhabitants of Birmingham were obliged to appoint a Committee for their prevention in the town and neighbourhood. The Committee advertised "clear definitions" of the offences, which agree almost exactly with those given by Statute 250 years before. ("Century of Birmingham Life," vol. ii. p. 101. By J. A. Langford, who has kindly furnished several particulars.)

L. T. S.]