A new charge
A
New Charge given by
the Queenes commandement, to all Justi
ces of Peace, and all Maiors, Shirriffes, and all
principall Officers of Cities, Boroughs, and
Townes corporate, for execution of sundry or
ders published the last yeere for staie of
dearth of Graine,
With certaine additions nowe this
present yeere to be well observed
and executed.
Imprinted at London by the Deputies of
Christopher Barker, Printer to the Queenes
most excellent Majestie.
1595.
PUBLISHED BY Christopher Barker
1595
1. A new charge for execution of sundry Orders published the last yere, for stay of dearth of Graine; With certaine additions now this present yere to be well observed and executed.
That the Justices shall divide the[m]selves into sundry parts to execute these orders. That the Shiriffe and Justi ces of the Peace shall imme diately upon the receipt of these orders, assemble them selves together with as much speed as they possible may: And having conferred amongst themselves upon the contents hereof, shall first for the better execution of the same, divide them selves into sundry companies,and take amongest them into their charge by severall divisions all the Hundreds, Rapes, or Dapentakes of the said Countie. To appoint sundry Juries to enquire of things hereafter following. Item, every companie so allotted out, shall foorth with direct their Precepts unto the high Constables, that the under Constables, and other the most honest and substantiall inhabitantes within the same Hun dred, Rape, or Dapentake, to the number of xxxvi. per sons, moe or fewer, as the quantitie of the Hundred, Rape, or Dapentake shall require, to appeare before them [Page 2] them at a certaine place, and within as short time af ter the receipt hereof as they conveniently may, & up on the apparance of the sayde persons, they shall divide them into so many Numbers or companies, as they shall thinke meete, giving instruction to the sayde high Constables to returne as fewe of such as bee knowen great Farmours for Corne, or that have store of graine to sell, as he can. And such of the persons so warned as shall not appeare, but make default being sommoned, and not having any just or reasonable ex cuse alowable by the Justices, to be punished therefore at the good discretions of the Justices, before whom they are to appeare.
Item, they shall first declare to the parties appea ring, the cause why they are sent for, and therewith earnestly charge them in the feare of God, to apply themselves to the service whereunto they shal be now called, with al duetifulnesse and diligence, and with out any partialitie to any person, and then they shall give them the charge following.
2. The charge.
The charge to enquire what number of persons be in them that have store of Corne. You shall diligently and carefully enquire, & make true and due search and triall, what number of persons of every housholder that hath Corne in their Barnes, Stackes or other where, as well Justi ces of the Peace as others whatsovever, within the Pa rish of have in their houses feeding, lying, and uprising, or otherwise to be fedde: what number of Acres they have certainly to be sowen this yere with any maner of Graine: what bargaines they have made with any person for any kinde of Graine to bee solde, by, or to them: to whome and by whom, & upon what prices they have made the same,and [Page 3] and what quantitie of any manner of Graine they, or any other have in their Barnes, Grainers, Loftes, Cellors, or Floores, or otherwise to be delivered unto them upon any Bargaine.
Item, what number of Badgers, Kidders, Brog gers or Carriers of Corne inhabite within the sayde Parish, and whither they doe use to carie their Corne which they do buy, and where they do usually buy the same, and what their names bee, and howe long they have used that trade, and by whole Licence, and to see the same Licences of what tenor they are of.
Item, what number of Mault makers, Bakers, common Brewers of Ciplers dwell within the sayde Parish and who they are by name, and how long they have used that trade, and howe much they bake or brew in the weeke, and what other trade they have whereby otherwise to live.
Item, who within the sayd Parish be the buyers of Corne, or doe use to buy, or have bought any Corne or Graine to sell againe, or have sold it againe since Mid- sommer last.
Item, who within the same Parish buyeth or have bought or sold any Graine upon the ground, of whom, and to whom hath the same bene bought or solde, and at what price, and to certifie unto us of the Premisses, and of every part thereof, on the day of nowe next comming: And to every part of these Arti cles you shall bring answere from point to point.
And if any shall refuse to declare the trueth,of,or, concerning the premisses, or of any part thereof, to any the Inquirors aforesayde, requiring the same for their better information: the partie so required and refus sing, shalbe convented before the Justices of the Peace of the sayde Division, or any two of them, and sharply rebuked, or if need be, punished for his contempt. And if the partie so called in question, shall not declare the full [Page 4] Parties offending to appeare before the Counsaile full truth thereof to the sayd Justices, he shall be com mitted by the saide Justices to the common Gaile as a person bound for his good behaviour, and so to be con tinued, untill hee shall conforme himself therein, or o therwise at the discretions of the said Justices, he shall bee bound in a good summe of money to make appea rance before the Lordes of her Majesties privie Coun sell to answere unto his contempt in that behalfe, for ensample of all such disobedient persons.
That the saide Justices of the Peace having recei ved into their handes the presentment of the said In quirors answering to every poynt of their charge, shall call at certayne dayes by them to be assigned, such persons before them of every Parish, as upon the pre sentment so made shall appeare to have Come to spare, and upon due consideration of the number of persons, which every person hath in his house, according to their qualities, and of the quantitie of Graine, that the partie hath towarde the finding of the same, or o therwise to bee spent in his house and sowing of his groundes, allowing to every Householder for his expenses in his house, for every person thereof ac cording to their qualitie, sufficient Corne for bread and drinke betweene this and the next Harvest, and for their feede after the rate of the sowing of that Countrey upon the Acre. And then they shall charge all such as shall appeare to have more of any kinde of Graine, then shall serve to the uses above menti oned, aswell Justices of the peace as others, to ob serve the orders ensuing, viz.
3. The orders to be obser ved are these, viz.
You shall bring Orders to bee obserued by such as shal be appointed to serue the markets with Corne, for the reliefe of the poore people first.or cause to be brought weekly so many quarters or bushels of corne, as wheate, Rye, Barley, Mault, Pearson, Beanes, or other Graine, or so much thereof as shall not be directly sold to the poore Artificers or day Labourers of the Parish within which you dwell, by order of the Justices of the Peace of the Division within which you dwel, or two of them to the Market of ( [...]) there to be by you, or at your assignement sold unto the Queenes subjects in open market by halfe quarters, two Bu shels, one bushell or lesse, as the buyer shall require of you, and not in great quantitie, except it be to a bad ger or carrier of Corne admitted according to the sta tute, or to a common knowen Brewer or Baker,To whom Corne shall be sold after that the poore are serued. ha ving testimonie under the hand and seale of such two justices of the peace at the least of the division, or of a Major or other head officer of the City, Town, or Bo rough corporate where hee dwelleth, that hee is com mon Brewer or baker within the same: or so such o ther person as shall make provision for any Lord Spi rituall or temporal, knight, or any other Gentleman that hath no sufficient provision of corne, so as the same person have and these unto such person as shall have the oversight of the Market in that behalfe, testi monie under the hand and seale of the partie for whom hee commeth to the market to make that provision, declaring that it is for the provision of his house, and contayning the quantities and kind of Graine to bee provided: And you shal not willingly leave any part of your Corne so brought to that Market unfolde, if mo [Page 6] ney bee offered to you for the same, by any that are per mitted to buy the same, after the usual price of the mar ket there that day, as long as the Market shall last.
Neither shall you from the beginning of the Mar ket, to the full ende thereof, keepe or cause to be kept a ny of your said Corne out of the open sight of the Market, to the full ende thereof, keepe or cause to be kept any of your said Corne out of the open sight of the Market: neither shall you carry away from the Market Towne any kind of Graine that was brought thither which you haue not there sold, but shall leaue the same there in the Market Towne in some place knowen, so as it may be brought into the open Market the next Market day at the first opening of the Market, there to be sold as afore was limitted. And yet neuerthelesse, you shall bring to the Market such other quantitie of Graine as shall bee limitted, and so continue at euery Market day the bringing into the open Market, the quantitie of Corne that shall be limitted.
None to buy such kinde of Corne as they shall bring to sell, but by warrant vponreasonable cause. Also you shall not buy any maner of such Graine as the said Iustices shall appoint you to sell, from this day forwards, but vpon very especiall and necessarie cause to be allowed by them, vntill such time as all and euery such maner Graines as the sayde Iustices at this time shall appoint you to sell, be according to that appointment and order by you sold. And if you shall not sowe so much this yeere as hath bene presented that ye intend to sowe, or if you now haue, or shal haue knowledge, or shal gesse hereafter at any time, either by threshing of the Mow or Shocks or otherwise, that yee haue more store of any manner of Graine, then hath bene presented: that then ye shal forth with vpon such knowledge thereof had, make true relation thereof vnto the said Iustices, or vnto two of them, both what portion of your seed Corne shalbe left vnsowen, or what further quantity you shal perceiue you haue, then was at the first presented.
That so soone as you perceiue you spend not after [Page 7] the rate of so much Corne as is limitted vnto you for the finding of your house, ye shall make true report vnto the Iustices or two of the~, how much lesse ye spend.
Yee shall buy no Corne to sell it againe, No corne to be bought for to sell againe. neither shall you by any colour directly or indirectly, appoint any your seruants, or any other person to bee a Badger of your Corne, other then to cary your Corne to the Market there to be sold as your owne, without changing of any propertie.
Ye shall neither buy nor sel any maner of Corne, but in the opem Market, unlesse the same be to some poore handicraftes men, or day labourers within the parish wherein you do dwel, that cannot conveniently come to the market Townes, by reason of distance of place, according to such direction as shalbe given unto you in that behalfe by the Justices of the Peace of that Divi sion, within which you doe dwell, or two of them, and to none of these above one bushel at a time, and thereof you shall keepe or cause to bee kept a particular note in writing, to whom you shall so sell weekly, and at what prices, so as the same may appeare to the Justices to be done without fraud or abuse.
That the Iustices of the Peace within their seueral Diuisions haue speciall regard yt Ingrossers of Corne be carefully seene vnto, Inquirie to be made against Engrossers. and inquisitions to be made for knowledge of them, & that thereupon they may be seuerely proceeded with & punished according to the law: and to see that none be permitted to buy any Corne to sell againe, but by speciall licence.
That they take order with the common Bakers for the baking of Rie, Barley, Pease, Regard to the Bakers for keeping of the sise of bread. and Beanes according to the maner of the countrey for the vse of the poore and that they appoint speciall and fit persons diligently to see the people well dealt withall by the common Bakers and Brewers in all Townes and places in their Weights and Assizes, hauing also regard, [Page 8] that the Deputies of the Clerke of the Market do not abuse themselues in vnlawfull exactions for Weight and Measure, and effectually to inquire for and search out the default therein, and therupon to giue order for punishment of the offendor seuerely, according to the Law: Bread faultie in any excesse to be solde towards towards the reliefe reliefe [...] and where any notable excessiue offence shall be in the Bakers, to cause the bread to bee sold by them to the poorer sort vnder the ordinary prices, as in part of punishment of the Baker.
No Badger to buy Corne but in open Market, and with sufficient licence in writing [...] That no Badgers of corne, Bakers or Brewers buy any Graine, or commune or bargaine for the same, but in the time of open Markets, and that but by Licence vnder the handes of the Iustices of the Diuision where they doe dwell, or three of them, and that they weekely bring their Licence with them to the Market where they do either buy or sell, or els not to be suffered to buy any: And that the Licence containe how much Graine, of what kind, & for what place they are licenced to buy and cary, that there bee set downe vpon the Licence in writing, the day, place, quantitie, and price at which the Corne is bought, that they take but measurably for the cariage, baking, and brewing thereof, that they shew their bookes weekely to such as the Iustices of the Diuision wherein they dwel, The Badgers Badgers to shew weekely their bookes of buying. shall appoint for that purpose being no Bakers or Badgers of Corn, and that those within euery xiiii. dayes make report to the Iustices of the Diuision wherein they dwell, how the people are dealt withall by the Badgers, Bakers, and Brewers, and that such as haue sufficient to liue on, or that are knowen to be of any common euil behauiour, be not permitted to bee Badgers of Corne, of which sort commonly the report is that there are too many, No Iustices seruant to be a Badger, nor none other, but such as shalbe licensed in [...] and therefore the same would bee remedied and foreseene: Also that no Badgers be permitted but such as the Statute doeth limite, and that no seruant of any bee licenced to be a Badger, except sixe of the Iustices [Page 9] at the least shall in open Sessions for some necessary cause allow any such, and that none at all be allowed a Badger, except he be allowed in open sessions, and not to bee, as it is in many places, abused for gaine of the Clerke of the Peace, or a Iustices Clerke graunted without allowance of the rest of the Iustices in their open Sessions. And furthermore, No Badger, Baker, Brewer, Brewer, or Purueyour Purueyour to buy Graine, [...] that none bee permitted to buy or prouide Corne in ye Market in grosse, as a Badger or Baker, Brewer, or Purueyour & such like, vpon paine of imprisonment, vntill two houres after the full Market be begunne, that the poore may be first serued.
That the said Justices, or two, or one of them at the least in every division, shall bee personally present at every market within their several divisions, during the whole time of the Market, to see the orders to bee taken by the authoritie hereof to be well observed, and the poore people provided of necessary corne, and that with as much favour in the prices, as by the earnest persuasion of the Justices can be obtained. By this it is not meant to charge and Lorde of Parliament be ing a Justice of Peace, to attende upon any such ser vice in any Market, otherwise then it shall bee with his owne good will: but in all other causes tending to the execution of these orders, it is hoped that every person of any estate, will readily give advise and as sistance.
If there shall be any Hundred, Rape, Where Iustices Iustices are wanting wanting in any Hundred, for to appoint [...] or Wapentake within the sayd Countie, within the which or neere thereunto no sufficient number of the sayd Iustices of the Peace doe dwell or inhabit, the sayde Shirife and foure Iustices of the Peace of that Countie, shall in that case appoynt some other honest Gentleman, or the high Constables vnder Constables, or such other, graue, honest, and substantiall persons, not being Corne masters, dwelling within the saide Hundred, [Page 10] Rape or Wapentake, as they shall by their discretions thinke conuenient, to haue the charge, in the execution of these orders there: whome they shal also instruct how to execute the same diligently and vprightly.
That all good meanes and perswasions be vsed by the Iustices in their seuerall diuisions, That ministers ministers and preachers preachers exhort the richer sort [...] and by admonitions & exhortations in Sermons in the Churches, by the Preachers and Ministers of the Worde, that the poore may bee serued of Corne at conuenient and charitable prices. And to the furtherance thereof, that the richer sort be earnestly mooued by Christian charitie, to cause their Graine to bee solde vnder the common prices of the Market to the poorer sort: A deed of mercy, that will doubtlesse bee rewarded of Almightie God.
That there bee no buying or bargeining of any Kinde of Corne but in opem Market, but onely to poore Artificers and day Labourers as aforesaide, and that the Justices in their several Divisions, do in con venient for restraine common Maulsters of making Barlie Mault, in those countreyes and places where there be dates sufficient to make Mault for the use of the people, and to restraine as well the brewing of Barley Mault, by or for [...]or common [...] lers in those Countries and Plces, as also the excesse use of any kinde of Mault, by all common Brewers, Maulsrers, and common Tiplers, according to the true meaning of this Article: And that the overa boundant converting of Barlie into Mault, more then may serve for necessary use be restreined.
And where it is informed that sundry Maulsters and others haue already engrossed & taken into their hands great quantities of Barlie, either to be conuerted into Mault or otherwise to make their profite of it by auauncing the prises thereof: It is therefore ordered that the Iustices of Peace in their seuerall Diuisions, [Page 11] shall vse all the care and diligence they may to finde out such Ingrossers, and to examine them exactly how much of such kinde of Corne they haue already in their handes or haue compounded for, and at what price, and where it is. And thereupon the said Iustices of the Peace to take order that so much thereof in Barley as shall bee thought fit in the discretion of the same Iustices, be brought to such of the next Markets thereunto, as the same Iustices shall assigne there to be sold to the poore people of the Towne and the Countrey adioyning, by the sacke or Coombe or lesser quantitie, and by no greater quantitie to any one person at such reasonable price, and with such reasonable gaine as the same Iustices shall thinke fit. And such as shalbe found obstinate to obey this order, to be bound with good suerties to answere the matter before the Lords of her Maiesties Priuie Counsel at some day to be prefixed by the same Iustices. And the great number of Maulsters to be reduced to fewer persons, and such as haue other trades to liue by, not to be permitted to vse Maulting.
That the Iustices vse all other good meanes possible that are not mentioned in these orders, No waste of bread Corne superfluously, nor any expense expense thereof but [...] that the Markets may bee well serued, and the poore relieued in their prouisions during this time of dearth. And that no expense of any Graine meete for bread to feede men, be wasted vpon feeding of dogges or other beasts, neither that any bee spent in making stuffe called Starche, None suffered suffered to make Starch of any Graine. as of late there hath bene discouered great quantity expended in that vaine matter, being in no sort to be suffered to continue, the rather also for that there are other things not hurtfull to the food of man, that may serue for such purposes, if such purposes at least were requisite.
That the Iustices be straightly commaunded to see by all good means, Able poore people to be set to worke. that the able people be set on worke [Page 12] in houses of Correction prouided and furnished, and there idle vagabounds to be punished.
Stocks of money money for prouision prouision of workes for poore people [...] That the Iustices doe their best to haue conuenient stockes of money or wares, to be prouided in euery Diuision, or other places according to the Statute, for setting the poore on worke, and the Iustices to vse all other good and politique meanes within their seueral Diuisions, to continue and maintaine the poore people in worke within the parish, or at the furthest within the Hundred, or Diuision, and namely in clothing Countreyes to charge the Clothiers, Clothiers to continue their worke-folkes. that haue in former times gayned by that trade, not now in this time of dearth to leaue off his trade, whereby the poore may be set on worke.
Souldiers hurt, and impotent impotent people, to be relieued in their dwelling [...] That the maimed and hurt Souldiour, and all other impotent persons, be carefully seene vnto to be relieued within their seuerall Parishes, Hundreds or Diuisions, according to the Lawe therein prouided: and that where the prouisions formerly made, & assessed vpon the housholders in euery Parish be not sufficient, it may be now for this time of dearth charitably encreased. And where any Parish is not able to giue sufficient reliefe to such their poore, that parish to haue the supply of such other parishes neere adioyning, as haue fewer poore, and are better able to giue reliefe. And no vagabonde or sturdie begger, or any that may otherwise get their liuing by their labours, bee suffered to wander abroad vnder colour of begging in any Towne, fielde or high way, and that the Iustices doe presently giue order that there be able persons appointed, and sufficiently weaponed, to assist the Constables of euery Towne to attache such vagabondes, both in their Townes, Fieldes and high wayes, and to commit them to prison without bayle of any such, but as two of the Iustices of the Peace within that Diuision shall order. And if any Towneship shall not [Page 13] obserue this order, for the attaching & punishing of the said vagabondes, then the Iustices shall set due punishment by fine vpon the whole Towneship, or vpon such parties in the Towne, as shall bee founde in fault.
Where in some partes of the Realme, That no Millers Millers be suffered to be common buyers of Corne, nor to sell [...] diuers Millers, who ought onely to serue for grinding of Corne that shall be brought to their milles, haue begun lately a very corrupt trade, to be common byers of Corne, both in markets, and out of markets, and the same do grinde into meale, and doe vse as Badgers, or otherwise to sell the same at markets and in other places, seeking thereby an inordinate gaine, besides the misusing of other mens Corne brought thither to be grou~d, by delay of grinding, or that worse is, by changing and altering of their good Corne to ye worse: It is thought very necessary, that the Iustices of the Peace who are not owners by any title of any Milles, nor masters or landlords to any Millers, shal first inhibite al Millers vpon paine both of imprisonment and fine, to vse any such trade of buying of any graine to be solde either in Corne or meale, but to charge them to continue the orderly vse of grinding of all maner of Corne that shalbe brought to them, in reasonable good sort, and vpon reasonable Tolle. And for better performance hereof some of the Iustices not affectionated to the Millers, shall sometime personally themselues resort to the mills to ouersee the doings of the said Millers, & compell them to doe their dueties. And where none of the Iustices can as need shalbe, weekely looke thereto personally, they shall appoint certaine honest persons weekely to attend thereto, and to enforme themselues of the poorer sort, howe they are vsed in this time of dearth, for their grinding and their Toll, and present the defaults to the Iustices, to bee speedily reformed with all due seueritie.
Conferences to be had betwixt betwixt the Iustices Iustices of peace [...] Item, where there are within the circuite of any Shire, or thereto adioyning any Cities that are incorporated as Townes within them selues, or any other Townes incorporat, that haue by good authoritie Iustices of Peace of their owne inhabitants, for that commonly such Cities and Townes haue their greatest number of housholders that are no owners of graine, but haue common Bakers, and Brewers, that must of necessitie buy and prouide their Corne or Meale at the Markets neere thereto, to serue all other the inhabitants and resiants within the said Cities & Townes: For the prouision of all such Cities and Townes, it shall be necessary that the Iustices of the Peace of the Shires next to the same Cities and Townes shal haue a meeting and conference with the head Officers of the sayd Cities and Townes, howe and in what good manner the Bakers and Brewers, and other householders that shall also haue neede to prouide Corne or Meale for the necessarie vse of the priuate housholdes, may bee prouided at the Markets neere to the same. And after due conference had hereof, there shall bee by the Iustices of Peace, and the foresaid head Officers some good orders set downe, such as both may serue for the needefull vse of the same Townes and Cities, and also may not by abuse giue cause of raising of prices in the Markets and Countries adioyning. And where there shall be adioyning to the same Cities & Townes, or not farre distant, diuers Shires (as in many places such is the situation of them) there some of the Iustices of euery Shire so adioyning, or not farre distant, shall vse such conference and take such orders with the saide Officers, as afore is mentioned. And in such cases the Iustices of euery such Shire shall be enformed mutually from the one Shire vnto the other, of the needefull prouisions to be made from time to time for the said Cities and Townes, so as euery Shire may [Page 15] proportionably yeelde reasonable succour and reliefe out of their Markets to the Purueyors, or to the Bakers, and Brewers as shall be requisite without burthening of the one, more then the other may reasonably beare. And if neede shall require, the aforesaid principall Officers shall not refuse to acquaint the Iustices, from whence the prouision shall bee bought and prouided, howe such prouisions so had and bought in Markets are spent, that by colour of such prouisions no abuse be committed to encrease the prices, and so to leaue the poore vnable to be relieued.
If there bee any speciall part within any Shire, that hath as a libertie by speciall Commissions any Justices of the Peace within the same, the shirife of the Shire shall send unto the principall owner or Offi cer of such libertie, notice of these orders, and shall charge them that the Justices of the peace within such Libertie doe their dueties for execution of al these orders, as farre [...]as shall be requisite, and therein also to use by conference the advise of some other Ju stices next adjoyning.
That no transportation of Corne or Victual be, Regard to stay all transportation transportation of Graine out of the Realme. but from porte to porte within this Realme, and that but in cases needfull, as for the prouisions of London, shipping, or such like. And that be done by the view and ouerseeing of her Maiesties officers of ye Custome house of the porte where the same shalbe laden, or of the most part of them, & of the chiefe magistrates of the town in which that port is, & also of some of the Commissioners of the county in which that port is, & for that purpose assigned. And yt in such case good bonds with sufficient sureties be taken to her Maiesties vse for the deliuerie therof at the port to which ye same shalbe assigned. And for bringing backe in conuenient time not only a true Certificate of the vnlading thereof at the same porte so assigned from her Maiesties officers of the Custome [Page 16] house of that porte to the Customer of the porte where the same was laden: But also one other Certificate from the chiefe magistrate of the Towne of that porte where the same shalbe assigned to be vnladen: And fro~ some of the Commissioners of the Countie in which that Towne is, for the purpose assigned vnto the Commissioners and chiefe magistrate of that porte where the same was laden, of the due and iust vnlading thereof at the porte assigned. And transcripts of those Certificates to bee made & certified into the Eschequer in the beginning of euery Terme.
And if the Commissioners for that purpose assigned, shall not doe their best endeuours to make stay of the transporting of Corne, as by authoritie of their commission they ought to doe, then any other Iustice by authority of these orders shal make stay of al such transportation, and in his so doing, shall be allowed & maintained. And this is thought meete to be in this sort directed, for that it may be doubted, that amongest so many as are appointed in the foresaid Commission against transportation, some may be mistaken, being themselues either transporters, or friendes or fauourers to transporters, or negligent in the execution of the charge committed to them.
Certificate to be made of the Execution of these Orders monethly to the Sheriffe, [...] That the Iustices of the Peace doe once euery moneth certifie their doings and proceedings by force of these instructions vnto the Sheriffe of the sayd Countie, in which certificate they shall also make certificate of such Iustices as shal be absent from any of these seruices, and the true cause of their absence, and shall also certifie the vsuall prices of all kindes of Graine in their markets for that moneth past: Of all which the same Sherife shall certifie to the Priuie counsell without any delay, so as he doe certifie once in euery fourtie dayes at the furthest, and so as also the default in any Iustice that shall be absent without necessary cause, [Page 17] may be duely considered, and reformed by authoritie of her Maiesties Counsell, as reason shall require: whereby such persons as are placed as Iustices, may not continue in those roomes wherein they shall be founde not disposed to attende such necessary and godly seruices as this is, but that others of better disposition may supply those roomes, if there shall be neede of any such number.
Speciall Inquirie bee made of those that are great hoorders up of Corne, and bring litle quantitie to the Market, to the ende from such persons provision may bee made for her Majesties shipping, other publique services, as need shall require.
And if any shall offend against the true meaning of these instructions, or of any part thereof, or shall use a ny sinister meane to the defrauding thereof, that such be severely punished according to the Lawes: and for such obstinate persons as shall not conforme them selves, the Justices shall at their discretion bind them to appeare before the Queenes Majesties privy Coun sell by a day certaine, there to be further dealt with by severe punishment, for the better ensample of all others.
4. Additions to the former Orders.
FIrst to take order that the multitude of Badgers and byers both of Butter & Cheese, as also of Corne to sell againe, may in euery Countie vpon conference amongst the Iustices bee reduced to a competent number, and those of the fittest persons for that purpose, and the residue to be remooued.
That such of these Badgers and buyers as shall remaine, be only permitted to make prouision to furnish the Markets of such Cities & other great townes and places which otherwise are not able to be sufficiently prouided for, of those prouisions in the countreys neere adioyning, for that they are onely needfull for those places.
That the Farmer or Maulster be not permitted to sell to any such Badgers or buyer, nor to any Baker or Brewer out of a market, nor that any Badgers or buyers to sell againe, be permitted to buy any Corne, Butter or Cheese but in the Market: Neither any Baker, Brewer, Badger or such buyer as aforesayd to sell againe, bee permitted to buy in any market but two houres at the least after the full of the market, whereby others may be serued of their particular prouisions, And then the Badger, Baker, and buyer to sell againe, to take away the surplusage of the Market onely.
To foresee that no couenous practises be vsed betweene the Farmer or Maulster, & the Badger, Broker, Brewer, or buyer to sell againe, whereby the Farmer or other should deteine his Corne or Mault to the ende of the Market to the hinderance of the market: But if any such be found then such offender to be duely punished.
Hyglers and Purueiors for the Citie of London or any other Citie, not to be permitted to buy Corne or other victuall but in open market, & that two houres after the full Market, whereby the poorer sort may be serued of that which they shall neede at competent prises: Neuerthelesse, for the better furnishing of your sayd Cities with necessarie prouisions and in conuenient maner, it is ordered that further prouisions shall be from time to time made for them in such sort as the Lords of her Maiesties Counsell shal further direct in that behalfe.
It is also ordered, that the feeding of sheepe with Pease or Beanes which is vsed in some countreyes for foode be specially forbidden, because in time of dearth the same may serue the poorer sort to make bread of.
That there be monethly a view taken what Corne any Farmer or other person vsing to sell Corne, hath both thresshed, and by estimation in the stoage, and to be enioyned to sell none but in open Market, except to poore artificers and day laborers their neighbors, and to yeelde a due accompt to the Iustices, of the expense of his Corne, and howe much hee doeth sell weekely in any Market.
That inquisition be made in what places Mault is commonly made to be sold by such as are called Maultsters, and who they be. And to take order that by buying and ingrossing of Barley to make Mault, they doe not thereby store vp greater quantitie of Mault then they vsually bring into the Markets, thereby towards the end of the yeere to increase the price thereof excessiuely. Of which abuse the Iustices are to take care to reforme the same, and to take order also that they shall buy their Barley in open Market, and not at the Farmers houses thereby to forestall the Markets, and to enhaunce the prices.
To take strait order with the common Brewers, that they serue no Beere or Ale to any Alehousekeeper, Victualler, or Tipler, but at such rate and price as by the Iustices of the Peace shalbe set downe and appointed by authoritie of the Statute of 23. H. 8. Cap. 4. And yet the same to be well sodden and well brewed of wholsom grain as it ought to be, vpon pain of [...] to be imposed by the Iustices.
To take a view of the number of Alehouses, Victualling houses, and Tippling houses in euery Towne, parish, village and Hamiet within their iurisdictions, And vpon view had, to consider what number of them [Page 20] is necessary and fit for euery Towne, Parish, Village and Hamlet to continue. And thereupon to discharge the superfluous number and such as are vnmeete to keepe the same, and to allowe a conuenient number, and no more then shalbe needfull, and those but in places necessarie, and the same to be in the midst and heart of the sayd Townes and Villages, and in no sort to allow any at the ends of the Towne, Village, or Hamlet, nor in out places or places distant fro~ the rest of the Town or Village. And hereafter no licence to be granted for victualling or tipling but in euery open quarter Sessions, & that by the consent of the most part of the Iustices there present, whose names with the number of the houses licenced in euery Towne or Village the Clerke of the Peace shall insert in a booke, or Rolle to be kept for that purpose. And that no greater number be hereafter admitted to keepe Tipling houses in any Towne or Village, but such as shall be agreed at this first viewe, and order to be taken therein.
That they which shalbe allowed to be Alehousekeepers and Victuallers, shall bee of honest conuersation, and of reasonable value, and to enter Bonds to her Maiesties vse to performe the orders following, which Bonds shall be by the Clerke of the peace presented to the Iustices in their Sessions to be seene, whether the Conditions are broken: And thereupon the Custos Rotulorum, or his deputie, to certifie the same into the Eschequer, and such of them as shall refuse to bee bound, not to be permitted to keepe any Alehouse.
That no Victuallers, Tiplers, and Alehousekeepers haue in their houses, or doe permit to be brought into their houses, any Cardes, Dice, or Tables, nor to suffer any to play in their houses, yardes, or backsides, at any Cards, Tables, Dice, or other vnlawful games.
That no Victualler, Tipler, or Alehousekeeper shal dresse, or suffer to bee dressed or eaten, within his house [Page 21] any flesh vpon any forbidden day, sauing in case of necessitie of sickenesse, according to the Statute in that behalfe prouided. That the Alehousekeepers doe not brewe in their houses, nor haue any drinke, but such as shall be fit for the inferior sort of people, and that but of some ordinary and reasonable size, and the drinke to be vttered at such price and rate as the Iustices shal assesse and set downe in their Articles, (and not to maintaine excesse) wherby an exceeding great quantitie of barley may bee saued for bread corne, for the inferior sort of people.
That they suffer none to eate and tiple, or vittaile in their houses, but such as are wayfairing men, that shall take the same to refresh themselues in their passage or iorney, or such as shall be appointed to lodge or take diet in their houses, but to deliuer out of their houses that quantitie of drinke which their neighbors of the poorer sort shall haue neede of, to be drunke in the houses of those who fetch or send for the same, and not elsewhere.
To permit no tippling at all on the Sabboth day, or holy day in time of diuine seruice.
That no Victualler, Tippler, or Alehousekeeper, shall permit and suffer any person or persons to lodge in his house aboue a day and a night, but such as hee will answere for, as the Statutes in that behalfe made doe require.
To giue strait order and charge, to euery Constable, or other inferior Officer to whom it may appertaine, that euery of them shall once in euery fifteene dayes, search and enquire of the defaults and disorders aforesayd, and shall informe the Iustices of the peace of the same defaults and disorders if any bee, that the offendors therein, may thereupon bee proceeded on and punished according to the lawe. And if it shall seeme to the Iustice, that the pettie Constable be either a Victualler, [Page 22] or one that shall fauour the Victuallers in their faults, then some other meete person to be appoynted to make the said Inquisition and Certificate. No Tipler to buy any goods of any waifaring man, or other that shall bring the same to their houses to sell, but of such as shall bee well knowen vnto them to be of honest conuersation, and whom they shall bee able alwayes to produce, or haue to be forth comming.
All these with such other necessary Articles, as the Iustices of the seuerall Counties (to whom the estate of the Shire is best knowne) shall thinke necessarie in the seuerall Counties to be added, the Alehousekeepers and Victuallers shall be bound to obserue.
Lastly, whosoeuer shall vse tipling, or victualling without licence, or shall breake the Orders as aforesaid to be prescribed to them, to bee proceeded withall, and seuerely punished according to the Statute and law in that behalfe.