Mit Dad ted inc tele hud THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY SIX CENTURIES WORK AND WAGES Che bistory of English Labour BY JAMES E. THOROLD ROGERS, M.P. NEW YORK STATE SSNCOL INDUSTRIAL AUB LAEP® RELATIONS ORNELL UliVERS PORN Ton PITY SWAN SONNENSCHEIN AND CO, Lim. 25 HIGH STREET, BLOOMSBURY 1906 nD First EDITION, February, 1884; SECOND, December, 1885; THIRD, November, 1889; FOURTH, August, 1894; FIFTH, /anuary, 1901; SIXTH, December, 1901; SEVENTH, May, 1903; EIGHTH, March, 1906. PREFACE, ed INCE I published, nearly eighteen years ago, the first two volumes of my history of agriculture and prices, I have been frequently urged to extract and exhibit those parts of my researches which illustrate the history of labour and wages. To have done this to any purpose, it was necessary that I should have in my possession such a continuous record of wages actually earned as would enable me to traverse the whole of the six centuries which intervene between the time at which the first information begins and that at which our present experience concludes. I have already published the facts which bear on more than half the whole period, ze, for 324 years, and I have collected evidence, as yet unpublished, for 120 years more, z¢., for the 444 years which begin with the forty-third year of Henry III., 1258-9, and conclude with the first of Anne, 1702-3. Sufficient information for the residue has been supplied from the writings of Arthur Young and Sir Frederic Eden in the eighteenth century, and from numerous writers in the nineteenth, the principal authority in the latter period being Porter. It would have been of little value to have collected evidence as to the wages of labour unless I had also been in possession of adequate information as to general prices from which toestimate precisely what was the purchasing power of wages. Now I have published the prices of food from 1259 to 1582, and from 1582 PROPERTY OF LIERARY 5410 NEW YORK ST278 SCNCOL ABESTEGAL ACD LAGSR RELATIONS ECORNELL UNMERSITY | 4 Preface. a record of wheat and malt prices has been registered every’ six months at four important centres, Oxford, Cambridge, Windsor, and Winchester, under the statute 18 Eliz. cap. 6. Besides, for the purposes of my inquiry, I am sufficiently pro- vided with the evidence of such other prices as enables me to translate money wages actually paid into the necessaries of life. I cannot, indeed, in the later period exhibit the posi- tion of the labourer with the same exactness which is in my power for the period during which I have compiled and pub- lished the evidence of wages which were actually paid, and provisions which were actually purchased or sold. In the period which intervenes between the first record of wages and the death of Henry VITI. (1547), during which the condition of the labourer was progressively good for more than a century and a half, and stationary at the highest level for nearly the whole of Henry’s reign, more than thirty-seven years in dura- tion, it is possible to follow the course of wages as exactly as that of any other article which is bought or sold, and to re- present them by their power over all kinds of commodities. After this date, when they declined greatly in value, and the degradation of labour, owing to causes which I hope to make clear, began, I possess nearly the same continuous and minute knowledge for more than a century and a half, some being published, some being in notes. But except for about fifty years in the earlier part of the eighteenth century, the wages of labour have been a bare subsistence, constantly sup- plemented by the poor rate, till, in modern times, a consider- able amelioration in the condition of some kinds of labour, owing, I believe, to a peculiar cause, has been effected. I have attempted to point out what that cause has been, and to suggest that it should be extended and encouraged. It may perhaps be objected, that though I have dealt with a subject which is entirely new, I have appended no notes and have given no authorities for my facts. But for half the period Preface. 5 1 could have made no reference except to my own publications, and for another century and more I can refer only to my unpublished notes, and the tabular statements which I have drawn up from them. The difficulty is an exceptional one, for no one has entered on this field of research but myself, or has even, to the best of my knowledge, attempted to make use of what I have published for purposes like those which are before me in compiling the present volume. I could, if it were needed, however, give ample verification for all that I have alleged, not, indeed, from the original sources, for those are contained in muniment rooms, in the Record Office, and in public libraries, but from my own transcripts and averages. For the later period, the authorities, as I have said, are chiefly Young, Eden, and Porter. Again it may be objected, that I reiterate particulars in dealing with the topic before me. But in the reconstruction of the social state of England six centuries ago, and in the narrative of its history or development, it is frequently the ‘case, especially when there is seen to be no marked change in the process under which men lived and worked, except in so far as the interests of the class about which I am writing are raised or depressed, that one has to piece out the picture which one attempts to draw from details which may need to be restated in the narrative, but were characteristic of an earlier as well as of alater epoch. Thus there is little change in the economy of rural life, as far as the labourer is concerned, from the days of the third Henry till the days of the eighth, and illus- trations of the labourer’s condition may be safely taken from any part of the period. The plan which I put before myself was to devote the first chapters of the book to a sketch of early English society up to and during the latter half of the thirteenth century. In handling this part of my subject, I had to deal with the pur- suits of the Englishman at this time, and especially with that 6 Preface. which was the business of the vast majority of our people, agriculture ; land in England, as one can gather by a wide induction from the facts contained in existing records, having been divided in nearly equal moieties between manorial lords and tenants at fixed rents and with permanent holdings. Having dealt with the pursuits of this vast majority, it re- mained that I should say a little about life in towns and the processes by which trade was carried on. This is followed by an account of the several classes who made up medieval society, all these subjects being handled in the first six chapters. The remainder of the work deals particularly with the history of labour and wages, though I have felt myself constrained to touch on the general history of agriculture, and to dwell on some few particulars in the political history of the country, in connection with the main topic of my inquiry. But I have designedly abstained from entering on the new system of tax- ation which, beginning with Cecil’s book of rates and continu- ing through the excise and customs system of the Protectorate, the Restoration, and the Revolution, at last imposed nearly al} the burden of taxation on those whose resources were crippled, and whose freedom was taken away by a variety of enact- ments imposed in the interests of a narrow but powerful class. I have attempted to show that the pauperism and the de- gradation of the English labourer were the result of a series of Acts of Parliament and acts of government, which were de- signed or adopted with the express purpose of compelling the labourer to work at the lowest rates of wages possible, and which succeeded at last in effecting that purpose. These Acts have become historical, and except in so far as they are re- sponsible for the existence of much that is difficult and regret- table in the condition of the working classes now, they have no existence at the present time We have long since ceased to regulate wages by Acts of Parliament and the ordinances Preface, ? of quarter sessions. The despotic law of parochial settlement has been materially modified ; working men are no longer liable to imprisonment and penal servitude for trying to sell their labour at the best advantage ; and the wages of labour are no longer mulcted by corn laws and other restraints o1 trade. There still, ] am aware, exist persons who would, it they could, resort to the old system upon specious pretexts, or with avowed audacity. But it does not follow that because the cause is removed, the effect has ceased. I cannot, therefore, be charged with attempting to set class against class in the narrative which I have given. Were it necessary, indeed, to do so, in order to assist the moral and material progress of those who, living by labour, enable others to live without labour, or live by mischievous labour, I should not hesitate to use all my powers in that direction, for the charge of setting class against class has always been made by those who wish to disguise their own indefensible advantages by calumniating the efforts of those who discover abuses and strive to rectify them. But I believe that the efficacy of the charge has been much weakened by the estimate which the public instinctively forms about those who venture on using it. My reader will, I trust, find that I have been able to trace the causes which brought about the misery and degradation of labour to acts and persons which are historical, and that the process of restoration is retarded by privileges and practices which are still dominant,—privilegesand practices which, unless they are relinquished and abandoned, will give occasion in England, which has hitherto been quit of it, for an extension of that spirit of communism which finds its origin and its apology in the injuries, some real and some imaginary, which the many suffer at the hands of the few. I have the further purpose of contributing one portion to the historical method of Political Economy. The older dog- matism of this science or philosophy, after being for a long 8 Preface. time distasteful, has latterly been shown to be untrue. Many of the formularies which were accepted as axiomatic truths by the disciples of Ricardo and Mill are now found to be as in- correct as they are unsatisfactory. Besides, it is not enough for the economist to predict, he is expected to suggest the remedies for the evils under which society is labouring, or yield the social question up to the socialist. It may be that he has discovered certain laws of nature which will, unless proper means are used, bring about permanent evils, though very frequently his laws are merely tendencies, the corrective to which is supplied, partially at least, from agencies which the science has hitherto neither suspected nor accounted for ; some- times are paradoxes which are quite baseless. Now a science which detects a disease has its use if it can point out how the disease has arisen, and thus can check the development of that which would make the malady continuous and permanent. That science, however, takes a far higher place which is not only accurate in its diagnosis but skilled in the proper therapeutics. But the discoverer of true causes has travelled a long way on the road to the remedy. And this, if it be rightly taken, is what the historical economist may effect, but the theoretical economist has mistaken. Since I have written the pages which follow, the attention of the people has been called from various, and I am bound to say, very unexpected, quarters, to the question of how the working classes in large cities, perhaps even in rural England, are to be housed. I am not quite sure that many of those who have made this an urgent question will relish the inevitable answer which will be given as to the causes of the situation and as to the changes which must precede the develop- ment of a better result. If an attempt is made to meet the mischief by putting the burden of satisfying a public necessity upon those who are no way responsible for the result, and by exempting those who are responsible from all the charges of Preface. y teform, and even by enriching them through the machinery of the reform, I venture on predicting that some of those who have raised the question will regret that they were rash enough to have stirred in the matter. Fortunately for all, the leaders of English labour have sought to better the condition of their followers by processes which the most rigid of economists cannot condemn. I have taken occasion to point out what, in my opinion, is the economical significance of a trade union or labour partnership. That this principle may be extended so as to embrace all labour, should, I am convinced, be the wish of every one who desires to save his country from the spread of doctrines which are as pernicious to the true interests of labour as they are de- structive of all progress, and ultimately of all hope. Nothing would be more fatal than the despair which might succeed in reconstructing society from its foundations. Since this book has been written,—since, indeed, the fore- going part of the preface has been written—I have had the advantage of seeing the very able and intelligent essay of Mr. Giffen, the President of the Statistical Society, on the progress of the working classes during the last half-century —ze. from 1833, speaking generally, to 1883. A great deal of what Mr. Giffen has collected by way of material for his conclusions is of very unequal value. Many of his inferences are perhaps too hopeful, many of his economical principles are of very doubtful cogency, and I have, indeed, read nothing lately, the results of which are more open to debate and discussion. But Mr. Giffen’s figures (and he regrets, as I do, that evidence for the last fifty, or, indeed, for the last hundred years, is not more copious) are, as far as they go, exact and instructive. The period with which he starts was one of unexampled oppression. The legislature had, indeed, got cid of the combination laws, but the political economists of 10 Preface. the old school and the judges had revived them in the very worst form and with the most malignant pedantry. I need only refer to the conviction of the six Dorsetshire labourers. in July 1834, their transportation for a perfectly innocent act,. their pardon, and the concealment of the pardon from them, in consideration, I presume, of the vested interest to which the Sydney Government had sold them at a pound a head. It is, I think, to be regretted that Mr. Giffen did not describe, as he certainly could have done, what was the condition of wages in relation to profits fifty years ago. I hope that | have sufficiently stated it; I am certain that I have done so with much restraint and moderation in the following pages.. That wages have risen I thankfully admit. Water rises in an artesian well. But the physicist who explains the rise has to take account of the pressure which previously kept the water below its just level. In the case of labour, the economist should have announced and deplored it. It is noteworthy, too, that the kinds of labour for which Mr. Giffen has adduced evidence have all been aided and protected by trade unions. I refer to those which are tabu- lated in page 5 of his address. The inference from those paid for seamen is more doubtful; for the comparison is. between wages paid in sailing and in steam vessels, two callings which are only nominally one. Most doubtful is the estimate of Sir James Caird as to the wages of agricultural labourers. Here we do not know whether the 60 per cent. means the rate of wages, or the cost of labour. We do not know, as we can know in the case of artizans, whether it means. real wages or money wages, or whether it is not true that the mere cost of living fifty years ago in country places was. fifty per cent. less than it now is, while occupation was more certain and more continuous. The critics whom the land- owners employed to examine the agricultural statistics of the past, always used to comment on the allowances made to Preface. Ip farm labourers. There must have been some meaning in the plea, or it would hardly have been put forward. I speak of responsible writers ; no reasonable person notices anonymous. critics, least of all those who take the wages of a publisher’s. review. The question, in fact, of the present position of labour: cannot be discussed in a short essay. But no comment, however slight or superficial, will be other than misleading which does not give an estimate of the English labourer’s condition fifty years ago, when it dwells on the progress. which he has made since that period. What the state of this country would have been, if he had not made progress,. is pretty certain; and I am afraid that we shall not entirely escape the speculative evils on which most far-sighted people: are now dwelling, if he is not made to realise that other and: considerable reforms are forthcoming in the near future. In the interval, despite the interest which is felt in specu- lative novelties and startling theories of reconstruction, the English workman, in his best and most thoughtful forms, is. more intent on seeking out and adapting the process by which the interests of employer and employed should be- harmonized than in striving after an entirely new departure. The Continental socialist has hitherto owned that England is a barren field, which bears none of his fruit, and seems unable even to make the seed which he sows germinate. This in~ difference to theory is not due to selfishness or to the deaden- ing effects of competition, for it is the essential characteristic: of the trade unionist that he sacrifices himself to the good of the voluntary corporation with which he has associated him- self, to an extent which foreigners do not understand or imitate. According to those who are entitled to speak with authority on the subject, the English unionist readily sub scribes for the purpose of his organization fully two-and-a-half per cent. of his income, and sometimes more. The Conti- {2 Preface. nental artizan, it would seem, can with difficulty be persuaded to contribute a sixth of the sum. I do not, therefore, infer, with my friend M. Laveleye, that the English workman is yielding to Continental ideas, for I find that the essence of all foreign schemes, as portrayed in M. Laveleye’s excellent work, “Le Socialisme,” is the sacrifice of others, while the English workman essays to.achieve the solution of his pro- iblems by the preliminary sacrifice of himself; partially, imperfectly, and unequally, I grant, but still consistently and on principle. Above all, he does not invoke the aid of the State. For my part, I believe that as the English people has taught other nations the machinery of parliament and repre- sentative government, has slowly, after many struggles, and after having been long made the experiment of insincere factions, won, or is winning, the admission of all who deserve it to the constitution, and has constantly falsified those Sinister predictions about a hungry and angry democracy which have been the stock-in-trade of reactionaries, so it is likely hereafter to solve the far more important question as to the true harmony between the rights of property and the rights of labour. We have been confidently warned that the power of the people will be the spoliation of the rich, Nothing of the kind has happened as yet; nothing of the kind has been threatened; nothing of the kind has been hinted at. ‘The democracy of the towns have formulated no claim, instructed no representative in this direction. They wish to distribute property, but by the honest operation of an equita- ble purchase. They wish to better the wages of the workman, ‘but by the equally equitable interpretation of the market, of the goods which they produce, and the price which the con- sumer is prepared to give for them. They are singularly, generously oblivious of past ill-usage, and seem to have no animosity against the classes and the institutions to which Preface. 13 their fathers owed the miseries deliberately inflicted on their lot. They contrast favourably with many of their critics, who do not disguise their desire for reaction. But the best hope of the future lies in the existence of a temper among the people, which is equally removed from the temptation to revenge and is contemptuous of the sophistries which a narrow self-interest is ventilating. I am well aware that these views will seem paradoxical. But in political matters it has been long since proved that aristocratical government is a failure and its prolongation a mischief and a menace. It forms wrong judgments, and when it is right by accident in its ends, it adopts wrong means, or inverts the order in which its grudging and tardy reforms should be effected. Nor has the franchise of a more extended and real kind than that which existed from the Restoration to the first Reform Bill done much better. This country owes much to the Parliaments which sat between 1832 and 1868. But they would have done far better had the franchise been that of 1867. They will do better still when the peasant is allowed to express his judgment on the policy of Government. But the value of popular opinion on the policy of Parlia- ment and the administration is as nothing to the usefulness of combined action on the part of labour with regard to social questions. “The crowd,” says Aristotle, the wisest interpreter of ancient political forces under the clearest circumstances in which they have ever been estimated, “makes better general judgments than any individual whatsoever. It is in the main incorruptible. Like a large sheet of water, the multitude is less liable to sinister influences than the few, for when the individual is influenced by passion or any similar impulse, his judgment must be distorted, while it is hard for all collectively to be led by passion or to err.” The difficulty is not to get wise action, but to get any 14 Preface. action at all. The mass of persons in England take a languid interest in political action, and a capricious line on social ‘questions, They have had reason to believe that politics are the mere game of two hereditary and privileged parties, in which it signifies little which gets a temporary ascendency. ‘They are convinced of the hollowness of political cries, and are under the impression that the public service is a phrase by which politicians mean private advantage. Since 1867, they ave made few demands on Parliament, apparently because ‘they have seen that Parliament is more busy in arbitrating ‘hetween rival interests of a special character than in con- ‘sidering the general good. They may do more in the future. They may, like Jonathan in the day of battle, taste the wild honey in the wood and find their eyes enlightened. But I for one do not fear that, like the rest of the people, they will ly upon the spoil. JAMES E. TITOROLD ROGERS. house of Commons, CONTENTS. CHAPTER I. UYNTRODUCTION . . CHAPTER II. RURAL ENGLAND—SOCIAL LIFE CHAPTER IIL. RURAL ENGLAND—AGRICULTURAL CHAPTER IV. TOWN LIFE CHAPTER V. THE DISTRIBUTION OF WEALTH AND TRADE CHAPTER VL. SOCIETY—WAGES—PROFITS CHAPTER VII. THE KING AND HIS EXTRAORDINARY REVENUES CHAPTER VIII. THE FAMINE AND THE PLAGUE CHAPTER IX. DISCONTENT— COMBINATION—INSURRECTION PAGE 17 38 7O - 102 . 128 . 159 . 188 2 205 243 16 Contents. CHAPTER X. THE LANDLORD’S REMEDIES . . B . , CHAPTER XI. THE DEVELOPMENT G¥ TAXATION ‘ . ’ CHAPTER XII. LABOUR AND WAGES ‘ . . . . CHAPTER XIII. THE CLERGY TILL THE REFORMATION . . . CHAPTER XIV. WAGES OF LABOUR AFTER THE RISE IN PRICES . CHAPTER XV. THE ENGLISH POOR LAW : ’ . . : CHAPTER XVI. ENGLISH HUSBANDRY FROM THE RISE IN PRICES CHAPTER XVII. AGRICULTURE AND AGRICULTURAL WAGES IN EIGHTEENTH CENTURY . . : . CHAPTER XVIII. WAGES IN THE NINETEENTH CENTURY . - CHAPTER XIX, THE PRESENT SITUATION . . . . . CHAPTER XX. REMEDIES . . 2 - . . INDEX . . . . . . : . PAGS - 274 » 300: . 326 - 356 + 387 » 414 THE . 468 » 494 . 52) - 548 - 577 CHAPTER 1 INTRODUCTION. Archives of English History—Number and Copiousness of—Domesday, arid the Blank which follows it—Commencement of Economical Archives—Degradation of the Anglo-Saxon Nobility—The English the Allies of the King—He is the largest Landowner—The Ministers of the Sovereign, Churchmen—The King’s Principal Revenues—The Exchequer, a Source of Power and Object of Attack —The Method of the Exchequer Audit copied in private Accounts—These Accounts Evidence of Title, and therefore preserved—Henty the Second’s Posi- tion and Abilities—Effects of Becket’s Murder—The Liability to Military Service at the bidding of the Crown—The Origin and Effects of Escuage—The English Army, its Character and Traditions—Open to Villeins, though the Militia was not—The Story of Sale in 1381—The Contrast of England with other Nations in Western Europe—The Treatment of the English King by his Subjects—The Commutation of Military Service for Money imitated in Domestic Matters between Lord and Serf—Matthew Paris—His Value as an Interpreter of Public Opinion and Social life—The Beginnings of Hostility to the Roman Court—Henry III.—His Character, and that of his Reign. HE archives of English history are more copious and more continuous than those of any other people. The record of public events begins with the Teutonic invasion of the fifth century, and is prolonged, with scarcely a break, down to: our own times. There are periods in which the information is scanty. The events of the reign of Edward IV. have not been preserved in such abundance as those of Edward I. We know more about the life and times of Archbishop Becket than we do about the life and times of Archbishop Morton. But weare rarely left without contemporary annalists, and those authoritative materials by which the historian can give continuity and vivacity to his narrative. As the political history of England can be written from its beginnings, so can the history of its laws, which are founded on the customs of the Teutonic races. Again, the constitutional history of our people has been traced back to customs which long precede 2 18 Lntroduction. the Conquest. Its financial history is contained in a series of documents engrossed annually from the days of the first Plantagenet to those of the fifth monarch of the House of Hanover, which exist in unbroken continuity in the great collection of national archives. No other country possesses such a wealth of public records, But those, for the last three centuries at least, are supplemented by still more abundant materials in private collections, the quantity and value of which are not yet estimated, though research into them has frequently thrown a new light on public events, or suggested sa new theory of public policy, or modified the traditional judgments which have been promulgated about public men. The economical history of England is illustrated with singular clearness towards the end of the eleventh century, by that gréat survey of the whole kingdom, with the exception of the four northern counties and part of Lancashire, which is known as Domesday Book. This unique and invaluable record, which has never yet been adequately analysed, is a register of landowners and tenants, describes the changes which had been effected by the Conquest, and exhibits the economical condition of the English under the government of William. But the social history of England is almost a blank for nearly two centuries afterwards, except for the little which may be gathered from the chroniclers. The new light which is thrown on the economic and social condition of the country at the time when continuous archives inform us of the facts, reveals a very different state of things from that which is exhibited in Domesday. The information from which the economical history of England and the facts of its material progress can be de- rived, becomes plentiful, and remains continuously numerous from about the last ten or twelve years of the reign of Henry III. Before this time there is not, I believe, a farm account or manor roll in existence. Suddenly these docu- ments, from which this aspect of English history can be constructed, are found abundantly. It is noteworthy that changes of practice in the conduct of business occur almost simultaneously all over the country. Even changes of hand- English Archives. The Conquest. 19 writing are discovered at widely different places, but with singular uniformity of time. An expert in the common hand of the English scribe will tell the date of a document within a few years, whether its origin be Lancashire, Kent, Warwick- shire, Norfolk, or Northumberland. It is plain that the intercourse of Englishmen in the so-called middle ages must have been frequent and familiar, even if there were not abundant evidence to show how general was the habit of travel with certain classes of the community. But such an intercourse is the principal factor of what is called public opinion, that sentiment which has been so difficult to interpret, still more to anticipate, in the political action of this country, but which has, at various epochs of English history, startled sovereigns and governments by the sudden- ness of its action and the intensity of its purpose. The Norman Conquest appears to have almost completely supplanted the aristocracy of the Anglo-Saxon race, and to have put the adventurers who accompanied William into the place of those nobles who had ruled the peasantry. It seems that the lower classes were no better off, and no worse off, after the Conquest than they had been before it. The thane had his villeins and slaves; and there is no reason to believe that the Norman baron was a worse master than the Saxon thane whom he superseded. William changed the local administrators in Church and State; and he had to deal with those whom he had dispossessed. The disinherited had their partisans ; and naturally there was partisan warfare wherever it was likely to be successful,—in the morasses of Ely and the fells of the Northern borders. The outlaws of the Conquest, when resistance became hopeless, assassinated the intrusive Norman; and William imposed a serious liability on the district in which the outrage was committed, By a series of accidents, the collective importance of which cannot, in the interests of administrative government, be over-estimated, any murder, the doer of which was not taken red hand, became an affair of the King’s court; for the hundred was liable to a penalty of from £36 to £44 in case the culprit were not found out and surrendered, 20 Introductton. With few exceptions, the Anglo-Saxon lords were de- graded, and assumed a lower social position, or were wholly dispossessed, and sought their fortunes in other countries. But the higher social element of the residual English was still strong enough to be useful to the sovereign in an emergency, and the lower retained and clung to their local institutions. It was therefore easy for the king to appeal to his English subjects, and to use their services against rebellious barons and their retainers and, if he were strong enough, to secure them, after he won his victory, against notable outrages. He soon saw that it was wise to keep entire a force which might be employed against the dangers which his own aristocracy might cause him. Experience confirmed his anticipation. The second and third Norman kings found their most useful allies in their English subjects; and the savants of the Norman and Plantagenet sovereigns soon began to protect the tenants of the Norman lords, by the machinery of the law courts, against the arbitrary authority of their superiors. The English king was the largest landowner in the kingdom, and he stood to his tenants in the same position that any great landowner did to his. But great as his estate was in comparison with that of others, it was scanty in amount com- pared with that of his great lords, if they acted in concert, and it was liable to demands to which they were not exposed. The king had to undertake the expenses of administration, of justice, and of police, except in so far as the machinery of local self-government relieved him from such duties. Besides, in order to keep up his own influence, he had to conciliate his advocates, his officials, and his partisans with gifts. In other words, he had to construct, maintain, and occasionally to revive: a royal party. Such a policy required mature vigour and incessant care. The Crown was enfeebled and the country im- poverished and irritated whenever these conditions were not observed. It cannot be by accident that social discontent and disorder always followed on the reign of a sovereign who succeeded to the throne in his minority. The government of the country was put to its severest strain in the reigns of Henry III., Richard Il, Henry VL, and Edward VI. The The King and the Exchequer. 21 certainty that the same result would ensue in the contingency of Edward V. reigning under tutelage, is the sole apology for Richard the Third’s usurpation. It is probable that the danger of a child-king was present to the minds of those who brought about the Revolution of 1688; and that the position which English statesmen for four centuries have successfully insisted on, that the office of regent is in the gift of Parliament, and can be exercised only under such conditions as Parliament may impose, has been constantly affirmed. The king was led, for many reasons, to employ such persons as could be rewarded for their services from the revenues of the Church. At the Conquest, the dignitaries of the old monarchy were constrained to retire, but the patrimony of the Church was not diminished. Its bishoprics, deaneries, canonries, and benefices were frequently the reward of secular service on the Crown’s behalf. When the Papacy arrived at despotism over Christendom, as absolute, as far reaching, and as aggressive as that of the old Roman Empire, through agencies which it believed to be moral, but later criticism has declared to have been superstitious, and a short experience proved to have speedily become dishonest, it saw with unerring instinct that the bestowal of benefices for political services was the principal obstacle which must be removed before these aims could be achieved. When it found that it could not succeed in the war against investitures, it most adroitly and with far greater success insisted on the right of provision, that is, of nominating to ecclesiastical offices in expectancy, or of taking advantage of technical flaws in an election, the legal right to which was in certain hands,in order to establish its own nominee. Sometimes the king was disappointed, sometimes the pope. Henry II. thought that he had secured a courtier prelate in Becket, and- owed all the misfortunes of his reign to the miscalculation which he madeinhis man. Innocent III. imagined that he secured a papal prelate in Langton, and found that his hold over England was irrecoverably loosened by the man of his choice. Beyond the profits which he derived from his private estate, the king was in receipt of certain dues from his 22 Introduction, subjects. He was the heir of all escheats—that is, of all estates in which there was a failure of legal heirs, and of all forfeitures—that is, of all estates, the owners of which had committed such crimes as involved the destruction of rights in property. The former, in an age of violence and risk, were probably more frequent than the latter, though for feiture was by no means uncommon, unless the partisans of a rebellion were too numerous and too united to be- disinherited. But whether the estate was escheated or for- feited, the grants of the former possessor were respected, and the king succeeded to those rights only which the misfortune or the misconduct of the owner could extinguish. The king had also the right of claiming fixed and casual dues from those of his inferiors who stood in certain relations to him. The tendency in the mind of his subjects was to make all dues, with some exceptions, fixed, to estimate them once for all in an unchangeable quantity of money, to resent or resist all attempts to collect more than was due, and to exercise a discretion as to the frequency of collection. In the first Great Charter, that of John, the assent of the kingdom is to be required for all extraordinary grants; and though this condition was omitted in some subsequent editions of the Charter, it was never forgotten, was suspended for special reasons, and was ultimately acknowledged to bea fundamental right of the subject. The king had trivial dues on exports and imports, called customs. It is obvious that, in the first place, the trade of the time was too small to make such sources of revenue lucrative, and that in the next, there neither did nor could exist any adequate police for the collection of other than small dues at the principal ports. In all likelihood the imports and exports at the numberless smaller ports were necessarily neglected. He derived, however, and in consideration of very solid advantages secured to the subject, a considerable income from fees of court for conveyances. From very early times, the conveyances of estates by what were called fines, were registered and carefully recorded in the archives of the Court.’ The Audit of the King's Revenue. 23 The convenience of an indefeasible title was obvious, the guarantee of the register was complete, and there was no part, perhaps, of the business of the great office of the Exchequer, in which the whole revenue of the sovereign was collected and audited, which excited so little dissatisfaction as that by which the estates of the great landowners were conveyed and assured. But the Exchequer was felt to be armed against every one. to be constantly watching for the rights of the Crown, and to be actively. vigorous in the vindication of these rights. The Crown and its officers knew that it was dangerous to rouse discontent by any general usurpation, and that it could only attempt oppression where oppression roused no sympathy forits victim. The Crown could alternately caress and fleece the Jew; but the Jew was held to be the private enemy of all debtors. It could assail successfully those whom the nobles hated, or the people distrusted and disliked. It was often incapable of defending its own instruments or favourites, but this was when it transgressed prudence in administration and excited general dislike. Individuals were wronged and outraged, and public opinion was not arrayed against the ill-doer, But it was a very different thing if the Crown attempted to oppress the whole people, to levy contributions at its own discretion, or to increase the amount of that which had been conceded. The Exchequer was the principal in- strument of government, the real centre of the adminis- tration, which was always striving to increase its business and the king’s revenue. Against this ever present and ever prying institution, baron and franklin, esquire and yeoman, were united. When a revolution occurred, sometimes when a revolution was avoided, the principal objects of popular indignation were the ministers of the revenue. The great audit of the king’s revenue was imitated in the account taken of the receipts and outgoings of a manor. These were made up annually, and always in the same form. The scribe who wrote out the annual roll examined the rough notes and tallies of the bailiff, and reduced the particulars to an exact profit and loss account ; and on the back of the roll 24 Lntroauction. entered all the stock, live and dead, on the estate, giving an account of the whole. In the same way a register was kept of the manor services and dues. The names of the tenants, the extent of their holding, the amount and value of their services, were all entered. The receipts of the lord from the police of the manor, the fines paid for offences, for assaults, for trade frauds, were all duly recorded, just as in the great roll of the Exchequer the multifarious sources of royal revenue were all duly entered, and on audit, credited to the officer whose duty it was to collect them. This system came suddenly into use all over England a few years before Henry the Third’s death. Only a few thousands of these documents survive. They had, it would appear, only an ephemeral interest. The account of one year had no importance, it would seem, to the owner of the estate, except in so far as the undischarged liabilities of the bailiff or other agent whom he employed are noted. But the universal practice of drawing up an annual account of receipts and disbursements, of assets and liabilities, of stock-taking, besides the engrossing of the manor-roll, and in the case of large properties or large establishments, other exact accounts of household expendi- ture, must have involved a large amount of clerical work at certain times of the year. The scribe must have been nearly as universal a person as the smith, and the number of persons who were competent to draw up a balance-sheet of numerous particulars must have been very large. There is a general impression that few persons in the later middle ages knew how to read and write. But the prodigious amount of documents penned yearly, and penned precisely, and at nearly the same time of the year, just before Michaelmas, proves that educa- tion must have been far more widely diffused than is com- monly imagined. It is probable that the bailiff was not uneducated either. I have occasionally found the accounts of this personage, accounts which the scribe examined, verified and copied fairly out. It is remarkable, too, that, with hardly an exception, the accounts are written in Latin. The Latin is, of course, barbarous, full of English words The Accounts of the Manor. 25 with Latin terminations; but it is always grammatical. I cannot believe that the language into which his annual balance-sheet was rendered was an unknown tongue to the bailiff, or that he would have been content to allow his liabilities to be expressed in a form which he could not understand. But I must return to this topic hereafter. These documents, I do not doubt, were preserved because they formed evidence of title. The courts of law had laid down the rule, that no title could be shaken by adverse evidence of an earlier date than 1189. But evidence would be admitted subsequent to that date; and therefore any proof of continuous possession was valuable. At the beginning of the present century, one of the Oxford colleges attempted to establish an ancient right to tithe in an Essex parish, and supported their claim by presenting in court a number of their most ancient rolls of receipt and expenditure. It was customary, too, for a purchaser to receive from a vendor all the evidence of which the latter might be possessed. Thus the founder of an Oxford college bought an estate from an Oxfordshire family at the latter end of the fourteenth century, and received with it a number of accounts which go back to the latter part of the thirteenth, Another founder, nearly a century later, succeeded in procuring the suppression of a wealthy priory in Hampshire, the character of which was not very good, and carried to the record room of his college a number of accounts of this religious house, which run back for a long period before the suppression. The great abbey of Sion contained a number of documents which illustrate the domestic history of many among these alien priories, with the estates of which this fifteenth century religious house was endowed. It is well known that the construction of the Exchequer was the work of Henry IL, and that he was assisted in the elaboration of its machinery by the unwearied services of certain ecclesiastics who were devoted to the Crown and the interests of the Crown. The most eminent of these persons were of one family, which had long held bishoprics as the reward of their fidelity to their employer and his policy. 26 Lntroduction. Henry had every opportunity for the work which he set before himself. The country was exhausted by a war of succession, which had degenerated into mere brigandage. Englishman and Norman were equally anxious to secure quiet and good government, to live under the same laws, and to aid in maintaining the king’s peace. The miserable experience of anarchy and disorder had united the two nations against common foes. England is almost the only European country in which the nobles, the gentry, the yeomen, and the burghers have for ages made common cause against public dangers, whether the danger was a foreign enemy introduced into the kingdom by a tyrannical ruler, as was the case under John, or a reckless waste of the resources of government, as was the case in the reigns of Henry III. and Henry VI., or the peril of unworthy favourites, whom the experience of the country detected in the times of Edward II. and Richard II., or the development of an arbitrary system of government such as that which made opposition to the king irresistible in 1641 and 1688. In those emergencies the whole body of the English people were of one mind, as they have been in the defence of governments which were not indeed perfect, but interpreted the true interests of the country. Henry II. was a man whose political instincts were far in advance of his age, and he owed his troubles to the fact that he yielded to them and strove to do what was premature. He came to the conclusion that he was strong enough to do battle with the Church in the interests of good government. That he nominated Becket to the see of Canterbury under the conviction that he had a thorough-going partisan of the royal power and policy in him is plain. That the hesitation of Becket in taking the office was understood by Henry to be mere prudery is equally manifest. That Henry’s suspicions were aroused when Becket instantly divested himself of his secular offices, and determined to give himself up wholly to his ecclesiastical duties, was the natural result of the disappoint- ment which he felt at the error which he committed and of the foresight with which he anticipated trouble to come. * Henry and Becket. 27 He might ha¥ temporized with the new archbishop, and have employed him in the correction of those ecclesiastical abuses which he saw were scandalous and increasing, as his great- grandfather employed Lanfranc, under the cloak that by so doing the archbishop could strengthen the Church. He might have delayed his action till he had assured himself of success in the project which he had set his heart on. He was fully assured, as the event proved, that all the other bishops would support him, and he concluded that Becket would not stand away from his brethren. As it is well known, Becket at first subscribed to the Constitutions of Clarendon, a summary of customs which would have anticipated the changes brought about by Henry VIII. nearly four centuries afterwards, repented of his compliance, sought the pope’s pardon, and irretrievably quarrelled with the king. Henry might have thought that the pope, who had quarrelled with the Emperor Frederic, and was denounced by an anti-pope, would not support Becket; and many persons must have thought with him, at times even Becket himself. But the pope strove to effect a reconciliation, and did effect it. The issue of Becket’s restoration was the murder of the prelate. I do not doubt that Henry’s horror and alarm at Becket’s death was genuine. He must have foreseen that the whole of his projected reforms in the Church, and his cherished hope that he would make the clergy obedient to the law, were indefinitely postponed. He had not only miscalculated the forces to which he was opposed, but he had given them, by his indiscreet language, and through the agency of Becket’s murderers, who thought they were doing his bidding, an almost irresistible power against him. Henceforth the only means by which the Crown could succeed in checking the power of the ecclesiastical party, was by rousing its interests in national purposes against those of the Roman Court; and it generally did this unwillingly. Sometimes the higher clergy take part with the péople against the misgovernment of the king, as Langton did against John, and many of the prelates did against his son. Sometimes the bishops are incensed against the Papal court, by reason of its exactions and the 28 Lntroduction. scandals which its favourites caused. Sometimes the monks are the objects of hostility, for their privileges and immu- nities were derived from the action of the Roman court, and were a perpetual grievance to the bishops and the secular clergy. At last Edward I. seized the opportunity, when both regular and secular clergy were unpopular, and were indiscreet enough to shelter themselves under the mandate of Boniface and his bull forbidding payments of taxes by the clergy, to frighten them so thoroughly that henceforth, with rare excep- tions, the authorities of the Church became as docile to the Crown as they had been refractory in earlier days. By his marriage with Eleanor of Guienne, Henry had acquired nearly the whole sea-board of France from the mouth of the Seine to Bayonne, and claimed rights of inheri- tance over the greater part of the Mediterranean sea-board., He inherited Normandy, which had a sort of suzerainty over Brittany, from his mother, and the territories which lay between Normandy and Guienne, and formed, as was found in the fifteenth century, a necessary connection between the two great duchies, from his father. Guienne came to him with his wife, who had also claims on Toulouse. He pre- pared to vindicate these claims in 1159, and took his chan- cellor Becket, now his dearest friend and soon to be his principal foe, with him on the expedition. He laid siege to the town, but soon abandoned the attempt, through good feeling towards the French king, who held the duchy by a claim inferior, as some jurists asserted, to those of Henry’s wife. It issaid that he thought it unwise to attack the French king, his feudal superior in respect of his foreign possessions, on territory which he was holding by a disputed title indeed, but by one of considerable duration. But the attempt led to results which no one could have anticipated at the time. The universal rule under which military tenants held their possessions from the Crown was that they should give their personal attendance on the king during hig wars, for a given time, exclusive of that required for going to and returning from the seat of war. When the English baronage marched to the Scctch or Welsh frontier, the charges of the journey The Origin of the Scutage. 29 were comparatively slight, and were endurable. The peculiar character, too, of the double tenure in England and Nor- mandy which the comrades of the Conqueror and their descendants possessed, made the transit from one country to another natural and easy, though in course of time it plainly became the custom for the English and French possessions. of the family to be divided between descendants of the same degree, so that one should hold the former, another the latter. But the obligation imposed upon an English baron to travel on his own charges from Yorkshire or Cheshire to Toulouse might well seem intolerable. It was, and it re mained to avery late period, a popular impression that the foreign possessions of the Crown were an advantage to the English people, that their revenues lightened the charge of government and increased the estate of the Crown, and more reasonably, that the intercourse between the producers and traders of England and the transmarine possessions of the king was of signal importance to the former. This was especially the case with Guienne, as I shall show hereafter. But the burden of defending those distant territories, cast on the English tenants in chief, was a great, an unfair, an in- tolerable load. A commutation of this payment in kind for a payment in money, which should be a fair and equal assess- ment, would be an advantage to all parties. It would relieve the baronage from a most unequal incident, it would give the king a manageable revenue. Becket is understood to have been the agent in negotiating this commutation, which is known under the name of scutage or escuage. The bargain was effected, as usual, on a fixed and uniform rate, and the tenants of the Crown were made familiar with taxes levied in lieu of personal services, and at a fixed rate. In course of time the scutage is dropped, and a subsidy based on a valuation, made in the time of Edward L, and revised in that of Edward III., was substituted for it. But the fact remained,—a money contribution in lieu of personal service. The contribution again was extracted from those who were alone liable to it,—the immediate tenants of the Crown, ze, to all persons, whether holding of the 30 Lntroductzon. Crown or not, whether military tenants or socagers, from persons who held by a rent, and from those who held bya base tenure, as is proved by the taxing rolls or assessments of Edward I. The funds derived from this money commutation enabled the English monarch to maintain a military force of picked and trained volunteers, whose efficiency contrasted strongly with that of the continental or ordinary feudal levies. Ido not assert that at the commencement of the system such a military force was developed and maintained, but it certainly was in course of time. Nor does it appear that Henry II. used to the full the new instrument which was put into his hands. As is known, he regulated the militia of freeholders ; and probably found in the wars which he undertook, most of which were for the defence of his continental dominions, that the ordinary feudal force was sufficient for his purpose. Richard was hardly at all in England. But John appears to have exacted the scutage from his English tenants constantly. He had a plea in the loss of Normandy and in the peril to which his mother’s duchy was exposed. He employed the funds which he extorted in maintaining an army of mercenaries on the English soil, which he had collected for foreign service, and on the plea of foreign service had used for the oppression of his English subjects. That at some time or other the English prelates, baronage, and commonalty would make common cause against the Crown, and assert that they must be consulted before the king was competent to levy the military tax was to be expected. This was done in 1216, and the principle of popular assent to all extraordinary taxes was affirmed in the Great Charter, was confirmed subsequently, and was never lost sight of. The right of the subject to examine into and interpret the needs of the Crown, to give or refuse subsidies, was the origin, and remained the essence of Parliamentary government. Sevetal times, during the reign of Henry III. and before Parliamentary institutions had been formed and developed, the great council summoned by Henry debated the king's necessities and gave or refused to give assistance to the The English Army. 3l Exchequer. To have acknowledged that the king was the sole judge of the extent to which his necessities should be relieved, would have been to surrender the fortunes of the whole of England to his discretion. To have merely received the king’s message, and to have directed a scutage or a sub- sidy in accordance with the royal wish, would have been only the same result disguised. Debate involved the inherent right of refusal,and Matthew Paris shows that the refusal wag not infrequent. It is known that the improvidence of the king, the difficulties in which the Exchequer was placed by his action, and the fact that the country was compromised, formed the apology for the association at the head of which were Simon de Montfort and Clare, and for the Barons’ War. The king could not be trusted; and an attempt, temporarily futile, was made to exact guarantees from him. It is a mistake to imagine that the relations of the king and his people remained the same after the victory of Lewes and the defeat of Evesham. If Henry was anxious to grasp all that he had before these events, he found that others, especially his son, knew better, and saw that there must be a new de- parture. The commutation of personal service for money was the germ of the Parliamentary system, of the power of the Commons over the public purse and of the appropriation of supply. It took centuries to develop these results, but they were in the beginnings of Parliament as surely as the forest oak is in the seedling. The army formed out of these parliamentary grants was developed during the “hundred years’ war” with France. Its jefficiency was remarkable. It constantly broke in pieces “armies infinitely more numerous than itself, if it were only properly trained, disciplined, and handled. It was always, or nearly always, victorious in the field, though it was too small to permanently occupy the country which it conquered. But from the Battle of Crecy to the Treaty of Picquigny, an English army was the terror of continental militias. From the defeat of Charles the Bold to the battle of Marignano, the Swiss were the most renowned and formidable soldiers in Europe. From the decline of the Swiss power till the latter 32 Introduction. end of the sixteenth century, the Spanish foot-soldier took the first place in the military force of Europe. Cromwell's New Model was founded on the same principle as that which had, nearly three centuries before, been adopted by Edward III. ; as was also the British army of the Revolution and the war of the Spanish Succession, as was that which Wellington formed and commanded. None but freeholders could serve in the militia, as con- structed by the Assize of Northampton. But servile birth was no obstacle to enlistment in the king’s own army, and we get, incidentally, evidence of the fact. When in 1381, the uprising of the serfs took place, and the siege of Norwich was under- taken by Littlestreet, Sir Robert Sale was captain-general of the city. The insurgents tried to induce him to desert and become their leader. He had been born of villein descent, had enlisted in the king’s army, had served in France, had been knighted, and raised to high military command. The rebels argued that as he was no gentleman born, but, like themselves, the son of a villein, he should and ought to lead them. They proposed, as a reward for his compliance, to put a quarter of England under his obedience, for it was Tyler’s plan to govern England in the king’s name, by military officers set over various districts of the country. Sale refused to comply, and remained faithful to the king’s service. Perhaps the reasoning employed by the insurgents was not the most prudent and convincing that might have been sug- gested. He defended himself as long as he could, till, notwithstanding his gigantic strength, he was overpowered by numbers. But the story shows that a serf could rise to knighthood during the wars of Edward, at a time when it was difficult indeed to overcome obstacles of birth, and knight- hood appeared to be peculiarly the privilege of the well born. The royal army, like the Church, effaced distinctions of birth, in the case of those who entered its ranks. A Sale could become a general, just as a century or more before a Grostéte could become a bishop. Hence while in France and Germany the distinction between the noble and the peasant or burgher was intensified as time went on, in England the nobility was Public Opinion. 33 constantly recruited from the lower ordersthrough thearmy,and in course of time through trade. I do not recall any instance in which the collateral relatives of Churchmen were ennobled by the wealth of prelates or other opulent ecclesiastics, but it is clear that the brothers of Chichele, perhaps the kinsmen of Wykeham, were enriched by the fortunes of their clerical relatives, though both these personages devoted a large part of their wealth to the foundation of colleges in Oxford and elsewhere. We may therefore trace the germ of great political and social results in the commutation for personal service on the foreign possessions of the English kings,—possessions, it will be remembered, which to a greater or less extent were united to the English Crown, for nearly four centuries, 2.2. from the Conquest in 1066 to the final expulsion of the English from France in 1453. The commutation led directly to the for- mation of parliamentary institutions, which bargained for the development of public liberties and private rights by grants in aid of the Crown. It created an army which from time to time has had no parallel in efficiency. It broke - down the distinction of race and birth, and ultimately made the tenure of the peasant more desirable than that of the knight and noble ; so that in the end the higher qualities of land were transformed into the semblance of the lower. It united all parties, the nobles fitfully and last of all, against the extravagant pretensions of the prerogative, so that England at a very early period was the theatre of very singular political events. A change of dynasty owing to the de- cadence of a reigning house and the rise of a powerful subject was effected thrice in French history. The balance of power in the German Empire was so nicely dubious in German history, that at one time the interposition of the pope was able to ruin an imperial family ; and at another time the ambition of the German princes led to the complete degradation of the imperial authority, during the period which intervenes between the fall of the House of Suabia and the rise of the House of Austria. But in England the whole people has deposed the reigning monarch six times, 3 34 Introduction. selecting in five of these cases some other member of the same family to fill the room of the dethroned king. On two occasions, earlier than any of these instances, it strove to dethrone the king. The first attempt would probably have been successful had not the king died in the midst of the crisis ; for John appears to have been reduced to almost the lowest extremity at the time of his opportune death. In the other case there was a counter revolution, effected, as is manifest, by the singular tact and ability of the heir to the throne; for Edward I. was as vigorous and far-sighted a ruler as his father, Henry III., was irresolute and imprudent. Now it does not seem that this unity of purpose, frequently recurring in English history, so puzzling to foreigners that they called the English “the disloyal nation,” could have been developed except there had not only been a community of interest, but familiarity with the agency by which discontent could be effectively expressed. In the course of this inquiry we shall find some instances of a similar intensity of opinion influencing the action of large masses of the common people. The commutation of precarious service for fixed money payments became the rule. The charters of self-government accorded to the towns were always accompanied by an obligation on the part of the town to pay the fee farm rent of the municipality to the sovereign; and these annual payments, fixed in amount, were in early times an important part of the king’s income. Nor could the lords of the serfs avoid following the example. It may be the case that Madox is right in his interpretation of those entries in John’s pipe-rolls, which seem to indicate the actual sale of serfs and their families. I am disposed to interpret these entries as implying that the services of these persons were sold, or the customary payments made by them in lieu of service were farmed out—a practice which prevailed long after the period to which Madox refers. But in the many thousands of bailiffs’ and manor rolls which I have read, I have never met with a single instance of the sale of a serf. Nor have I discovered any labour-rent for which an equivalent money- payment could not be substituted. That the base tenure of John's Regn. 35 these serfs, villeins, and ultimately tenants by copy or custom, involved certain very disadvantageous contingencies and some very humiliating liabilities is certain, and I shall have hereafter to comment on them. Most of these nearly cease at or about the middle of the fifteenth century, for reasons which I hope I can explain hereafter. It was by these con- -tingencies and liabilities that the tenure of the copyholder differed at a very early period from that of the socager, who paid a fixed money, or fee-farm rent, for his holding, who had fixity of tenure, but who was liable to distraint or even eviction on the non-payment of his permanent annual charges as late as the sixteenth century. Any one who reads the work of the ablest and most instruc- tive of our chroniclers, Matthew Paris, will find how marked a change has come over English life between the accession of John and the rise of the opposition to the government of Henry III. During John’s reign, there was but little organization against the arbitrary action of the Crown, and every class in England was in turn the victim of its rapacity. John defied the pope, but was brought on his knees only because his people were deserting him. When he made England a fief of the Roman see, he imagined for a time that he could hold his people in complete subjection by the assistance of the pontiff; but the whole nation rose against him, extorted the liberties of the Great Charter, and, with Langton at their head, defied both pope and king. But John, thanks to the mercenaries whom he levied and paid was able to resist them, till they invited Louis of France to wrest the crown from the unworthy king. It seems that the action of the pope in John’s reign, and in that of his son, in interfering on the side of the king with the universal demands of the people, is the beginning of that deep-seated hostility to the Roman court which is so marked in the best and most zealous Churchmen during the thirteenth, fourteenth, and fifteenth centuries. But it is also clear that John was far more autocratic than any of the sovereigns who followed him, and that the con- federates of Runnymede did much more than extort a charter, for they organized a permanent opposition to the government. 30 introduction. Langton and Pembroke contrived to free England from Louis and from John’s mercenaries. The policy of these great men was followed by the Justiciary, Hubert de Burgh, and the king’s peace was generally maintained. Fortunately for England, the death of Philip Augustus was soon followed by that of his son, Louis VIII., and the accession of a child, Louis IX., the management of whose minority occupied all the anxieties of the queen-regent. There was, on the whole, peace between England and France, and, on the whole, peace between England and Scotland. During this reign, prosperity was general. The grant of a fifteenth was conceded, under the express condition that the charter of the forests should be granted in return,—a precedent for similar bargains, not always completed, and for constant wrangling, when the king made his poverty the plea for demands on his subjects. It is possible that during the minority of Henry III. the estate of the Crown was lessened. Henry was always in pecuniary difficulties. His debts grew, payments to his household were in arrears; and on one occasion we are told of the brigandage which disgraced Hampshire, the head- quarters of which were at Alton, that not a few of the culprits were Henry’s own servants, driven to these acts in consequence of the non-payment of their wages. The king gave away largely, not to say lavishly, to his favourites, especially to his half-brothers and to his wife’s relations. He was fond of splendid entertainments, and indulged in a passion for building. He engaged recklessly in undertakings which were certain to be costly, and unlikely to be successful. The English were not only perpetually importuned for money, but were pillaged by the papal emissaries, and fleeced by intrusive nominees of the pope. The court of Rome had prohibited, under the plea that the transaction was almost certain to be simoniacal, the nomination of prelates by the prince, only to appropriate the collation of these benefices on behalf of his own creatures, and the king was passive or consenting. The plainest language is employed by Matthew Paris to describe and denounce the king’s administration, who is openly rebuked for his wilful and wanton extrava- flenry LL. 39 gance by his nobles and clergy, Matthew himself having constantly told the king his mind about Henry’s conduct. Though generally good-natured and easy-tempered, Henry was liable to violent fits of passion. He was served faithfully by Hubert de Burgh, but turned upon him at last savagely, stripped him of his property, threatened his life, compelled him to take sanctuary, and dragged him from his refuge. In the end, however, he was reconciled to his minister, and restored him to his property. He furthered the marriage of his sister Eleanor with Simon de Montfort, employed Simon in several important offices, but at last quarrelled with both, assailed his sister in the coarsest language, drove her and her husband from court, and, after a time, made up the quarrel. Never was man more capricious and uncertain, more violent and more placable. He was easy, but perfidious. The morality of the Roman court assumed to free sovereigns from the obligations of an oath; and Henry constantly availed himself of the opportunities to which his own interests prompted him, and papal dispensations made obvious and easy. He tried to manage all the affairs of his kingdom, and so directed all the unpopularity of his administration against himself, till at last every one, even his brother, whom he had so enriched that he was credited with being the wealthiest noble in Europe, took part at first with the malcontents against him. It is, I believe, arule that dissatisfaction with a government, and a determination to reform the conduct of affairs, are ordinarily shown when a community is generally prosperous. and that those uprisings which are the outbreak of despair, lack that organization which attains the end which it purposes. From the scanty notes which contemporary writers make of the seasons, it appears that the middle of Henry’s reign was a period of plenty, owing to propitious seasons. In the later years of his activity Matthew Paris generally gives some account of the weather and crops of each year. In four of these years—1244, 1245, 1247, and 1248—this author informs us that the harvest was exceedingly abundant, the price of wheat falling to two shillings a quarter. 33 CHAPTER II. RURAL ENGLAND—SOCIAL LIFE, The Contrast between Town and Country Life early Established—Some English Towns maintained themselves and their Institutions during the Teutonic Conquest—Ranks in the English Manor—The Tenants at Cuxham, their Rents and Services, with the Money Equivalents of such Rent—The Bailiff and Serf—Ibstone Tenants, and their Services—These Services finally commuted for Money—The Money Payments carefully" Exacted—The Disabilities of the Serf—Bye Industries in the Villages—Cultivation of Land Universal among all Classes—The Bailiff’s Annual Roll—Leases occasionally granted for Terms—Social and Political Effects of this Practice of great Lords cultivating their own Property—The Agriculture of the small Tenants identical with that of larger Holdings—The ‘‘ Rent’ of the Thirteenth Century—Wheat the Principal Product of English Agriculture, and the Principal Food of the People—Facts and Reasons for this Opinion—The Lord of the Manor—The Rector of the Parish, his Revenues—The Miller— The Free and Serf Tenants—The Parish Church—The Houses of the Yeomen and the Cottagers—The Social Opportunities of the Peasantry—Their Power of Organization—Past and Present. T is necessary, in order to arrive at a fairly accurate con- ception of the economical condition and the social life of our forefathers in the thirteenth century, to attempt the description of rural and of town life up to this century. The country parish had constantly remained, with some modifice- tions, the Teutonic settlement of the sixth century. The town, however, had acquired municipal rights, and the management, under certain conditions, of its own affairs, and was striving to attain that comparative independence and freedom from external authority which the municipalities of Roman origin had, it seems, continuously enjoyed or exercised. It is impossible to doubt that English merchants and travellers journeying to Flanders, to the towns of southern France and of Italy, or those of Rhenish Germany, should have noted what they saw in those foreign regions, and have striven to develop the institutions which had given The English Village, Cuxham. 39 freedom and opulence to those cities. It is likely, too, that some of the English towns, which had a distinct history during the Roman occupation, and contrived to maintain their existence continuously during the days of the Saxon conquest and the Saxon monarchies, also retained during this obscure period some of those institutions which the system of imperial Rome had long made universal. London and York, Lincoln and Winchester, Exeter and Bath, have been inhabited cities from the days of Suetonius and Agricola. They remained, as the great military roads of the Roman occupation remained, in existence, if not in their ancient efficiency and form. The English village, or manor, as the earliest court rolls inform us, contained several orders of social life. At the head of the settlement was thg¢ lord, to whom belonged the manor house, the demesne, which was a several estate, enclosed and occupied exclusively by him, and such rights over the inhabitants or tenants of the manor as ancient compact or more ancient custom secured to him. Sometimes these tenants held military fees, and were bound to such obligations as tenancy in knight service defined. Thus the Warden and Scholars of Merton College, in Oxford, at the close of the thirteenth century, were lords of Cuxham manor, in Oxfordshire, and its demesne, with divers rents and services. The two principal tenants, Quartermain and Pageham, each hold the fourth part of a military fee within the limits of the manor. If a scutage is imposed, they have each to pay Ios., zé. the fourth part of the assessment on an entire fee. They made suit in the court. If their heirs are under age, the college has the guardianship of those heirs; if they have a female heir, the same persons have the right of disposing of her in marriage. The Prior of Holy Trinity, of Walling- ford, holds a messuage, a mill, and six acres of land in free alms, z¢, under no other obligation or liability than the offering of prayers on behalf of the donor. A free tenant has a messuage, with three and three quarter acres, the portion of his wife. The rent of this is 3s.a year. He has another messuage with nine acres, for which he pays annually 40 Rural England—Social Lye. a pound of pepper, the cost of which at the time was about Is, or Is. 6d. The rector of the parish church has part of a furrow—ze., one of the divisions by which the common arable field is parcelled out. For this he pays 2d. a year. Another tenant holds a cottage in the demesne under the obligation of keeping two lamps lighted in the church. Another person is tenant at will of the parish mill, at 40s. a year. The rest of the tenants are serfs (wativi), or cottagers (coterelli)—thirteen of the former, and eight of the latter. Five of these tenants appear to be widows, and the whole manor, omitting the two tenants of military fees, appears to have contained twenty- four households. Each of the serfs has a messuage and half a virgate of land at least, ze. certainly not less than twelve acres of arable. His rent is almost entirely corn and labour, though he makes two money payments,—a halfpenny on Nov. 12th, and a penny whenever he brews. He is to pay a quarter of seed-wheat at Michaelmas, a peck of wheat, four bushels of oats, and three hens on Nov. 12th; and at Christmas a cock and two hens, and two pennyworth of bread. He is to plough, sow, and till half an acre of his lord’s land, and give his services, as he is bidden by the bailiff, except on Sundays and feast days. He is to reap three days with one man at his own charges in harvest time. He is not to marry son or daughter, to sell ox, calf, horse, or colt, to cut down oak or ash, without the lord’s consent. If one estimates these services and payments in money of the time, they amount to near 9s. of which 3s. at least must be set down for the house and curtilage about it. The labour rent for the land is therefore about sixpence an acre in money value. The soil at Cuxham is very good wheat land, a loam lying at the base of the Chiltern Hills, and yielding in good harvests what was at that time a very full return, viz., thirteen bushels of wheat to the acre, twenty of barley, sixteen of oats, and fourteen of peas. This production is far in excess of other land, the exact produce of which has come under my observation, and will be commented on. Some of these tenants hold, besides their virgate, some other Labour Rents. 4 plots of land. For these allotments they have to make hay for one day, with a comrade, and receive a halfpenny; to mow with a comrade for three days in harvest time, but at their own charges, and three other days, receiving at the latter the lord’s food. The nature of these labour payments and allow- ances being calculated, is about 2s. 4¢.; and the plot was therefore almost certainly between four and five acres in extent, The actual rent paid in this indirect way is the ordinary amount paid for fairly good arable land. After their harvest work they are to have together sixpennyworth of beer, and each a loaf of bread. The amount of the bread given to all is to be the produce of three bushels of wheat. Every evening, after the hours are over, each of the reapers is entitled to carry off as large a sheaf of corn as he can lift on his sickle. The cottagers pay from 2s. to Is. 2d. a year for their tene- ments, and have to give a day or two to haymaking, receiv- ing a halfpenny for the service. They are also bound to harvest work for from one to four days, during which they are fed at the lord’s table. During the rest of the year they are free labourers, earning wages on the lord’s demesne, tending cattle, sheep, or pigs on the common of the manor or in the woods, and engaged in the various crafts which were customary in the village, or might be required by the more opulent employers. The village probably contained from sixty to seventy inhabitants. The parish of Cuxham is small, containing only 487 acres at the present time. But it is noteworthy that the tenants in knight service hold their tenements in Chalgrove; and it will be seen that in the thirteenth century the arable and common land in the neighbourhood contained a far larger area than the modern dimensions of the parish would imply. The average amount cultivated by the college, who are the lords of the carucates in the manor, is, during four years for whick accounts have been exactly preserved, 1814 acres. No doubt fully one-third of the arable land in these two carucates was in fallow, which brings the total to about 242 acres 42 Rural England—Social Life. the land held by the serfs amounts to about 170 acres ; and the other tenements probably absorbed 30 acres more, so that from 440 to 450 acres of the present area were, in the thirteenth century, under tillage or permanent occupation. But it is perfectly clear that there must have been originally a far larger amount of common land for pasture than is implied in the residue of the present area. For at least three generations one of the serfs of the manor was the bailiff of the college, cultivated its estate, exacted its rents and services from the other tenants, and supplied accurate accounts at the annual audit of receipts and dis- bursements. The office was transmitted from father to son, and many transactions of moment were entrusted to this serf-bailiff. But at last he and all his perished in the plague of 1348-9, for the name disappears from the college records, and the college inherits the chattels of the family. The manor of Ibstone, which is partly in Oxfordshire, partly in Bucks, was also one of the estates of Merton College. Here also the college had two carucates, which were let to farm during part of the period for which infor- mation has been supplied for the Cuxham estate. They were let, indeed, for nearly forty years. At the latter part of the thirteenth century, the college cultivated its own property by a bailiff’ The modern area of the parish is 1121 acres. The freehold tenants are twenty in number, the serfs four, the cottagers four. One of these freeholders holds a virgate by charter, and pays a penny yearly at Christmas. His liabilities are—to ride with his lord when there is war between England and Wales,—the conditions of tenure were evidently old, for Wales was thoroughly subdued in 1298, the date of the rental,—to be armed with iron helmet, breastplate, and lance, and to remain with his lord, at his own charges, for forty days. If his services are required for a longer period, he is to remain with his lord at the lord’s expense. He is also to do suit in the lord’s court. Besides, he holds a croft, for which he pays 8¢. yearly. A second has two half-virgates. He pays 5s. 6d. yearly, and three capons. For the first of these Lbstone Rents. 43 half-virgates, he is to find at his own cost a reaper for three days in harvest time, is to carry his lord’s corn in harvest for a day and a half, receiving as pay a sheaf of corn, and to annually carry a load to Henley-on-Thames. For the second half-virgate he is to pay 5s. a year. Another tenant is under the same liabilities for a similar extent of land, but he also pays a fee of 20s. for getting possession. Some of the parcels of land are at higher, some at lower rates, and from his name one of the tenants appears to be by origin at least a resident in Oxford. A few hold for a term of life. The serfs (za¢zvz) all hold half a virgate of land, for which they have to pay the following, in money or labour: 44a. each quarter, 44d. on Nov. 12th, and Is. on Christmas-eve, a hen at Christmas, ten eggs at Easter, and a goose on August Ist. During one week in harvest the tenant (in this case a woman) is to find two reapers on Monday and Friday, and on Tuesday, Wednesday, and Thursday to cut half an acre of corn daily, unless any day be a feast-day. On another week she is to find two reapers on Monday, and one on Friday. She is, at the lord's discretion, to find two men during harvest, who are to be boarded by the lord. Every fourth week, between September 29th and August Ist, save Saturdays and feast- days, she is to work with one other person. She is to take part in washing and shearing the lord’s sheep. She is to plough six measures of land, every fourth Sunday, if notice be given on the Saturday, and during the same period to plough and hoe half an acre of land sown in winter, half an acre of Lent land, and half an acre for fallow. The other three tenants have exactly similar duties, so that it would seem that the labour rents of the four serfs provided the farm labour of eight persons from Michaelmas to August Ist, and four weeks’ harvest work, abundant time being given to the tenants for getting in their own produce. The tenancy is more onerous than that at Cuxham, but the rents paid for the supplementary crofts and acres is low. The four cottagers got their homes and curtilages at very low rents. But they have to reap for three days in harvest time, sometimes for one day in each of four weeks, receiving 44 Rural England—Social Life. a sheaf of corn every day for their labour. Two of them have to help in washing and shearing the sheep, and to carry five hurdles when the fold is pitched in a fresh spot. I have given these rents, in money, in produce, and in labour, partly because they exhibit the social economy of the time, and show how the services, which in the early part of the next century were entirely commuted for money payments, were imposed on freeholders and serfs respectively ; partly to point out that, onerous as these labour-rents occasionally were, they indicate a real bargain between lord and serf, and, by implication, point toan arrangement which is very far removed from that ideal state of villeinage which is described in our law books, and has been incautiously accepted by those who have written on the social state of England. According to these authorities, the serf had no rights of property or person against his lord. But as long as these dues were satisfied, it is plain the tenant was secure from dispossession, Within a little more than half a century of the period of which Iam writing, when these labour-rents had been universally commuted for money payments, the same tenants are de- scribed as copyholders or customary tenants. Mr. Hallam, the most shrewd and judicious of writers on early English history, is misled by the emphasis with which lawyers in the middle ages comment on the dependent con- dition of the serfs, and therefore conceived that they owed their emancipation from thraldom, and all negation of rights and property as regards their lords, to the good-natured con- tempt with which anoble would look upon the miserable savings of his serf, and his unwillingness to appropriate so poor a spoil. No opinion can be more mistaken. The noble and the lord of a manor gathered, through their bailiffs, stewards, and collectors of rent, every farthing and half-farthing which was due to them. When the custom of cultivation by the lord was abandoned, and land was let for terms of years, or upon a yearly tenancy, the collection of these ancient and minute rents became the principal business of the landlord’s agent. Occasionally they were farmed out for a lump sum to any cultivator who hired the lord’s demesne. They were, no The Serf’s Liabcletzes. 45 doubt, frequently bought up by the copyholders. The last trace of them disappears in the reign of Elizabeth, though fee farm rents, which have very likely taken the place, in copyholds of inheritance, of these ancient liabilities, remain to our own day. The serf was disabled from migrating to any other habitation than the manor of his settlement. He could not bear arms in the militia. He could not enter into religior or become a secular priest, without the license of his lord, though it is very unlikely, if he furtively professed himself that the Church would, at least in the thirteenth century, suffer him to be seized and handed back to his lord. The prohibition of the villein’s ordination is one of the Constitu- tions of Clarendon, and the enactment points to a systematic evasion of villeinage in the middle of the twelfth century. If the serf obtained leave of his lord to live away from the manor, he paid a small annual tax, called capitagium or chivage. These items of income are long recognised and entered among the bailiff’s liabilities. They may have con- stantly hindered the absent serf from obtaining the privileges of burghers in the towns. But in course of time the chivage was capitalised and bought up. Sometimes the tax is, con- temptuously perhaps, called culage, for this expression is not solely applied to women. The serf was, as I have said, disabled from marrying his daughter without license and fine. Very numerous instances are found of these kinds of payment, under the name of mercheta, in the earlier times. Similarly fines are paid for marrying a daughter outside the manor, for marrying a nief, z.¢.a female serf, who was possessed of property, and by men of another manor for marrying a female serf from her lord’s manor. I have found traces of this custom, though they ‘become very infrequent, far on into the fifteenth century. Sometimes the serf purchases his chivage and his license to marry at the same time, and is thereafter quit of all obligations. The serf’s son was unable to get instruction and enter orders, regular or secular, without his lord’s consent. Entries of fines paid for going to the schools and entering the Church 46 Rural England—Social Life. are exceedingly common in the manor rolls of the thirteenth and fourteenth centuries, though they become increasingly rare and finally disappear in the fifteenth. These payments, de- grading as they may seem, are indirect proof, occurring early, that the chattels of a serf were safe, at an early date, from arbitrary forfeiture to the lord. In 1394, at a village in Hunts, a serf had committed homicide and abjured the realm. His chattels, forfeited to his lord, the Abbot of Ramsey, are valued at 45 os. 8d. We may be sure that he had carried away with him as much of his movables as he could. The suni, supposed to be recoverable, represents fairly enough the stock of a small farmer, the actual value of his holding, after his dues were deducted, not being more than a third or fourth of this sum. A thirteenth century village then contained some sixty to eighty inhabitants, most of whom were constantly engaged in husbandry, all, indeed, for certain periods of the year. There were few handicraftsmen, for probably common carpenter's work was undertaken by ordinary farm hands, as we know it was by the small farmers four or five centuries later than the thirteenth. The most important artificer, indeed, was the smith; but it is plain from the records which have been preserved, that the smith’s work, even on the demesne estate, was not sufficient to maintain a smith in any manor, and that the same person served the needs of three or four. When the bailiff of one of these Oxfordshire parishes makes a large purchase of millstones in London, and brings them by water to Henley, he hires the smith at this town to complete the necessary work on his purchase, before he carries them by road from Henley to their destination at Cuxham and Oxford. It is only by casual notices that we learn anything about the existence of other industries besides agriculture in the rural districts. But it may be taken for granted that weaving was a bye product in nearly all villages, and the tanning or tawing of leather in most. Coarse linen and woollen clothing were doubtlessly manufactured in the cottages of the peasantry, for we occasionally find that flax or hemp was purchased in a raw state, and given in the villages to be woven, the former The Annual Audit. 47 much more rarely than the latter. The fact that woollen cloth is so rarely found in the charges of agriculture, especially at a time when payments in kind are so general, except when the purchase is made for a great noble or a wealthy corporation, suggests that homespun fabrics were generally available. The same inference is implied in the sale of locks and refuse wool in the neighbourhood of the farm. But it is also contained in the fact, though the evidence is of a later date, that many small and obscure villages in the south of England had flourishing manu- factures of textile fabrics, at a period long preceding the migration of part of the Norfolk industries to the west of England, from whence, in comparatively recent times, they have travelled to the north. Even in Norfolk, which was their special home in the thirteenth century, they were carried on in villages where agriculture must have been a principal employment. The yeoman and the labourer un- doubtedly fashioned for themselves in winter time, as we learn from the earliest works on husbandry, most of the tools which were needed for their calling,—all, in short, which were not made of iron or steel, or shod with iron. The first information which we get as to the occupations of the people in rural districts discloses to us the fact that almost every one not only possessed land, but that he cul- tivated it. The king was not only the largest landowner in the realm, but the most extensive agriculturist, the wealthiest owner of live and dead stock. The estates of such magnates as the Earls of Norfolk and Gloucester were nearly all cul- tivated by their lords; and I owe to the accident of the ‘surrender of Bigod’s lands at the beginning of the fourteenth century, and to the escheat of other and similar estates, and to the preservation of some few fragments of what must have been at one time exceedingly abundant in the public archives, that I have been able to discover so much of the economical condition of medizval England. On nearly every manor there was a bailiff, who cultivated the soil for his lord, made purchases of necessary stock and materials, hired labour, sold produce, and submitted his account in an exact and elaborate 18 Rural England—Social Life. balance sheet yearly. The form which this account takes is uniform, whatever part of the country it comes from. No manuscripts of the middle ages are commoner, and frequently none are better preserved than the handy books of those legal and commercial forms which were adopted universally, Among copies of the statutes and forms of writs and cove- nants, one generally finds the form in which the annual balance sheet of the lord’s profit and loss and capital account is to be rendered by the bailiff. The name of the estate is engrossed on the head of the roll of parchment, front and back. Then follows the name of the bailiff, provost, seneschal, or receiver of rents, as the case may be, with the date, generally the regnal year of the king, though in the case of some monastic houses the date of the abbot’s or abbess’s election is substituted for the regnal year, or taken with it. Generally the date is from Michaelmas to Michaelmas, rarely a little later, more frequently a little earlier. I will illustrate the facts by the Cuxham bailiff’s roll of 1316-17. The first entry is the arrears with which the bailiff is debited. Then follow the rents of assize, that is, the fixed payments of the tenants. At Cuxham, these amounted to 38s. 102¢. In the rental they amount to 38s., with a variable tax on domestic brewing. Then follows the rent of the two mills, one for grinding corn, the other a fulling mill, a proof, by the way, of the prevalence of these domestic industries to which I have referred. Next follow the corn sales, the sales of stock, the exits of the manor, z.e., commutations for labour rents, sales of farm produce, except those of the dairy, which follow under the next heading, and sales of wool. Then come manorial fines on entry, heriots, the pleas of court, and sun- dries. This completes the schedule of receipts. Next come the expenses. The first item is always the bad debts of the estate and the charges payable to others. Then the charge of the ploughs, the carts, small purchases, charges of the dairy, and purchases of corn and stock. Next we have the cost of the buildings. Then comes the bill for wages, for threshing and winnowing, hoeing and mowing, harvest work, servants’ yearly wages, and extraordinary expenses. The last The Bawltff’s Roll. 49 item is foreign charges, ze. items which cannot be reduced to any of the foregoing heads. The whole is reckoned up. Then the bailiff notes the sums which he has paid to his employers, and what he has paid on their account. Among these items, but under a separate head, are occasionally tallies for wheat taken by the king’s purveyor. This concludes the entries on the face of the roll. The back of the roll contains an exact account of all the stock and produce of the farm, of all that was on it at the conclusion of the last audit, of all that has been produced in the current year, of all that has been disposed of by sale or otherwise, and of all that remains as a liability against the bailiff. Besides sales, there is the seed corn, that used for domestic consumption, and that in payments to farm servants. The tailings of the wheat—it is a year of famine—are mixed, in the proportion of two to one, with coarse barley and pea meal. The same exact account of the sale or consumption of every peck of any other kind of grain is rendered. Then follows an account of the live stock on the estate—horses, cattle, sheep, pigs, and poultry; the produce of cheese, of woolfels, and wool. Each of the several particulars is balanced after the statement, for the account is more minute and exact than any modern account. Printed in full, it requires twelve pages of closely ranged type in a full-sized octavo page. The figures are all Roman. I have found Arabic numerals as early as the middle of the thirteenth century; but their use in accounts is not familiar before the latter part of Eliza- beth’s reign. This is acurious but not an isolated illustration of the conservative habits of the age in all matters of business, One would have thought that the obvious convenience of a decimal system in calculation would have commended thé practice in accounts which are so minute and elaborate as those which I have described, especially as this practice of account keeping and stock taking was so general. The account is drawn up by a “clerk,” who is paid a moderate fee for his trouble. The demand for the services of such scribes must have been considerable between the latter end of July and the beginning of November. Frequently similar 4 PROPERTY OF LIBRARY 5410 NEW YORK eT ATE SCUOOL INGUSTRIAL AND LAGSR RELATIONS CURNELL UNTWERSITY 50 Rural England—Social Life. or analogous accounts were rendered at other times of the year, as, for instance, on the vacancy of the bailiffs office before the time of the annual audit came round, or for general stock taking over the whole estate of a noble or a monastery or a col- lege. The bailiff’s audit was only one of the numerous schedules of receipt and expenditure which were constantly being com- piled. There could have been no lack of scribes during this period, and no cessation of employment. The art of account keeping and engrossing must have been very generally known, considering the demand which must have been made on the scribes’ labours, and instruction must have been far more readily accessible than modern writers are apt to imagine. Though the custom of landholders cultivating their own estates was general, it was not invariable. The corporate owners of a small estate would probably not be opulent enough to incur the charges and the risks of an agricultural occupancy, and probably let their lands, as a rule, to tenants, But even the more opulent corporations created leases on some of their estates. Thus the fellows of Merton College let their Ibstone estate for thirty-five years, and their Gam- lingay estate for fourteen years from the year 1300. They let their Basingstoke estate for twenty-one years from 1310, and their Wolford estate before that date. The property which they possessed in Northumberland and Durham was let as early as 1280, and they never cultivated their estates in Leicestershire. But in all but the last, they let land and stock, alive and dead, together, stipulating that at the termi- nation of the lease all their chattels should be replaced in good and sound condition, or that a fixed price should be paid for all that was deficient or deteriorated. This land and stock lease is so significant in the history of English agricul- ture that I shall have to comment on it at greater length hereafter. Several very significant consequences followed from this all but universal practice on the part of landowners of cultivating their own estates with their own capital and at their own risk. 1. The practice made every one anxious to keep the peace and to put down marauders. Every owner of property was Effects of Landlord Cultivation. 51 interested in an efficient police. There was plenty of crime and violence in the middle ages, not a tittle brigandage from time to time, for highway robberies and the organization of gangs of plunderers were not unknown. But it is remarkable how very seldom one reads in these farm accounts (and I have read very many thousands) of agrarian robberies. Even in years of great dearth, such as the terrible time 1315-1321, when there was a veritable famine in England, and many perished from want, we read indeed of alarm that the dire pressure might induce thefts of live stock, but there have been no instances in my reading of that period, the evidence being plentiful, that agrarian robberies were actually committed. There is a well-known complaint of the younger Despenser about the outrages and losses which he suffered at the hands of marauders ; but it will be remembered that Despenser was looked upon by a very powerful faction asa public enemy, whom it was lawful, and even meritorious, to harry. Long after the distress to which I have referred ceased, there remained a feeling of respect, even in the most disturbed times, for agricultural property. We read of no complaints of plundering during the war of succession, except when Margaret of Anjou’s northern army, in the beginning of the year 1461, did not refrain from pillage; an act of folly as well as of violence, for it raised Edward IV. tothe throne. The fact is further illustrated by the special characteristic of English agriculture,—the extensive maintenance of sheep. I know no reason why France, the Low Countries, and the Valley of the Rhine should not have bred sheep as successfully as the English farmer did from the middle of the thirteenth century, except in the fact that a sheep is a very defenceless animal, and needs for his continued existence that. he should live without the risks of violence. It seems to me that the comparative success of English agriculture in early times is due to the general conviction that every person was interested in preserving agricultural property from theft or violence. 2. The custom which prevailed materially modified the effects of primogeniture. It is easy to explain the origin and motive of thé English law of succession to real estate, though 52 Rural England—Social Life. it is not so easy to follow its growth. But during the period in which landowners cultivated their own estates, a great part of the harshness and mischief of the custom was obviated. On ordinary arable land in the thirteenth century, stock was three times the value of the land, when adequate stock and farm implements were kept upon the land. Water or warped meadow was always very valuable. But ordinary arable land, yielding, when let to farm, rarely more than 6d. an acre rent, was worth, to buy or sell, little more than from 6s. to 8s. an acre; while the stock on the land, live and dead, the cost of labour, and the amount of capital held in suspense, was from 18s. to 20s. an acre. Now, the younger children shared with their elder brother in the personal estate of their ancestor, unless, indeed, they were deprived of it by an ancestor’s will, Hence the phenomenon of an opulent younger son is seen commonly enough during the time that the ancient custom lasted; while the appearance of the impecunious younger son, who is to be provided for by war, or the Church, or the public treasury, is synchronous with the abandonment of the ancient practice. 3. The system under which owners of land were generally capitalist cultivators must have regularly and materially assisted the distribution of land. Itis true that in the time of which I am writing the ownership of real estate—often, I admit, under onerous conditions—was all but universal, A landless man was an outlaw, a stranger; one registered in no manor, a thief. There were owners of real estate whose possessions were limited to a cottage and curtilage about it, a cow’s grass on the common, or at least grass for geese and fowls, since, as I have already shown, cottagers had to pay poultry rents, just as villeins at half a virgate did. But I am thinking of something more—of the necessity under which the eldest son was put of making such terms with his brothers, perhaps his sisters, as would enable them to exchange portions of the stock which came to them by inheritance or by will for the land which came to the eldest son by inheritance, and could not come to him or his brothers by will. 1 make no doubt that it was the custom to arrive at Effects of Landlord Cultivation. 53 these arrangements by subinfeudation—ze, by the elder \ brother granting the younger, lands to be held of the elder as superior lord; and that when it was thought to be public policy to put an end to subinfeudation by the statute known as guia emptores, it was necessary to give the owner of land full powers of alienation, in order to make it possible that these bargains should be negotiated and completed. For we do not hear of the poverty of younger sons till a far later period; and we hear of it most of all after the risks of the civil wars during the last half of the fifteenth century encouraged the extension of entails from the small and few holders of such estates to the great nobles, and further suggested the additional security of what was called a use —i.é., the introduction of a trustee whose estate might endure for others, and thus the penalties of forfeiture might be avoided. 4. As the tradition of a time in which the great noble was the capitalist cultivator of land survived after the practice ceased, as is proved by the care shown for the farmer’s interest, even during the heats of civil discord and actual war, so it early suggested legislative aid to the agricultural interest. The attempt so frequently made, so long unsuccessful, and so successful finally, when a combination of circumstances made it possible to make labour abundant and cheap for the farmers, was not, for a century and a half, an effort made to keep up rents in the interests of the landowners, for these were virtually stationary long after landlord agriculture had entirely ceased, but was an attempt to give the farmer a chance, and probably to increase the area of arable land by enclosures, the object of all writers on agriculture during the seventeenth century. Nordo I believe that the purpose of the landowner during the early part of the eighteenth, in the bounties and corn laws, which were enacted and extended, was his own direct advantage, except in so far as he got the lion’s share in the enclosure, but was the encouragement of arable farming. Any student of Adam Smith will find that his fear that free trade doctrines could not and would not be accepted, in spite of their justice and wisdom, was not 54 Rural England—Social Life. derived from the attitude of the landowners, but from that of the manufacturing, and still more from that of the mercantile classes. In fact, it was only after the great rise in rents, con- sequent on the continental war, that the landowner became passionately protectionist. 5. The custom of capitalist cultivation by the landowner led again to that peculiarity in the relations of landlord and tenant which has been called the English system. Under this, the landowner was expected to do all repairs, to effect all permanent improvements, other than those which were conceived to be in the course of good husbandry, and, in the earlier days of the landlord and tenant system, to insure his tenant against extraordinary losses of stock, especially sheep. The relations of landlord and tenant began, as I shall show, at the beginning of the sixteenth century, to be ° unsatisfactory, particularly in the fact that good husbandry, which seems an obvious duty of the tenant, was discouraged by raising rent on the sitting tenant, to use a modern phrase, in proportion to the excellence of his husbandry, the eager- ness with which he adopted improvements in the process of his art, and the difficulty he had of extricating his capital from his holding on its determination. But the principle that the landowner should do repairs, and contribute all permanent ‘additions to fixed capital in land, has been for ages the practice, and was in early times a far wider practice than it has been for the last century. Without such a custom it would have been impossible to have maintained the English land system. Agriculture would have hopelessly stagnated, and there would have been either discontent as fierce as that in Ireland, and as violent, or the farmers would have entered into some combination which would have had the effect of establishing either a customary rent by the submission of the landowner, or one fixed by a general understanding among occupiers, and determined in the same way that trades unions fix wages and capitalists in certain industries fix prices. Combination may neutralize competition in the rent of land as effectualiy as it does in railway rates and in divers trades, The Landlords Liabwlitees. 55 The lord did no repairs to the holdings of his freehold tenants or to those of his serfs. The annual accounts of bailiffs are silent about such repairs, though the rents due from cottages are duly entered along with other rents of assize. It would even seem that the rent of cottages was a payment made to the lord for permission to erect and maintain a hovel. But the amount of the rent was unalter- able, and thus was an equivalent of the concession. But the fact that such tenants on fixed rents were liable to repairs on their holding—they were generally allowed to obtain the raw material from forest or close or common—was a reason why tenants-at-will or on short leases, or even on long leases, should look to the landlord for all repairs. In town houses these repairs were constantly very costly, and made the - difference between gross and net rent very large indeed. On farms they would not be so considerable; but the repairs on the lands occupied by precarious tenants are found, as time passes on, and rackrenting, or its nearest equivalent, became general, to be a very serious item in the rent collector’s schedule of expenses. And when we add to this the insurance of stock, which must have been a grave outlook in years when sheep-rot was general, as, for instance, in 1448, the cost to the landowner of recouping his tenant for these losses to his stock, when the loss exceeded a certain amount, might have reduced the gross rent of land to almost as great an extent as the charge for repairs lowered the actual rent received for house property in towns. We have, as may be expected, no account of the produce obtained from the holdings of these small freeholders and serfs. But there is no reason to doubt that it was identical in character with that produced, manipulated, and sold by the lord’s bailiff. The peasant’s homestead, barns, and byres were the microcosm of the greater estate, and were probably quite as productive and even better cultivated. In my native village in Hampshire there was in my youth no tenant- farmer at all, though one sale of an outlying farm to a uon- resident landlord was effected just before I came to the university. The holdings of these yeomen varied, the land 56 Rural England—Social Life. being generally light, from forty to eight hundred acres. But the parish contained fully twice as many homesteads as there were several estates, all with yards and barns about them, though the farmhouses had been cut up into tenements for agricultural labourers. The process of accumulation by owning occupiers had been going on for seventy or eighty years, as I learnt from the talk of old people in the village, and it is certain that if one could have gone back to the earlier rentals —the copyhold of the manor, then only a small part of the parish, was held under somewhat onerous conditions—we should have found that there were far more yeoman land- holders than in the period within living memory, that there were sixty original proprietors, while in the time I speak of there was evidence of no more than thirty. In this village the system of cultivation carried on by the smaller proprietors was exactly identical with that which was practised by the larger, and the system under which labour, supplementary to that of the yeoman, was hired. Generally speaking, too; there was the same simplicity of life, unchanged, I believe, except in a few particulars, from that which was general in a far earlier age. Nor were these yeomen unprosperous when they were active, temperate, and thrifty. The greatest peril they ran was in purchasing land with their savings, mortgaging it to obtain possession, and, up to this having committed no serious error, cultivating the land with insufficient capital. I have known several yeomen, who, having fallen into this mistake, have lived a life of extreme labour and thrift, and, having enlarged their estate, were poorer at their death than they were when they began their career. And in this day I believe that agricultural distress is, and has been for some years past, due to the double cause of enlarged domestic expenditure and insufficient capital for the extent of land occupied. In the thirteenth century there was no rent paid, in the ordinary economical sense of the word. There was no com- petition for holdings in that state of society in which the great landowner cultivated his property with his own capital, and the smaller tenants had a genuine fixity of tenure under traditional, customary, and certain payments. There were Rents of the Middle Ages. 57 occasions, it is true, in which from an early period l»~- were let to farm. But these tenancies, to which allusion has been made above, were land and stock leases, on really beneficial terms to the tenant; for the estimated value of the stock, or its compensation, in case the tenant failed to restore it at the termination of his lease, was from thirty to forty per cent. below the market value, unless, as is highly improbable, the stock on such land was far inferior in quality to that for which market prices are recorded. . Besides, such leases were for the convenience of the landowner or from his necessity, and consequently would be negotiated on terms which were as low as, or probably lower than, customary holdings at a fixed rent. This at least is the inference which I gather from the rate at which stock and land are let together when the custom becomes general. The only apparent illustration of the existence of competitive rents is the fine which is occasionally paid for admission to the property of an outgoing tenant. Instances of the payment of such a fine are rare. It is sometimes called a fine, occasionally gersinna, or gersuma. In all cases, however, it appears to be a payment made either for entering on the estate of an ancestor, and therefore is indirect evidence that the tenancy even of a serf was of a beneficial kind, or for acquiring the exhausted or abandoned tenancy of some other occupier in the manor. But a com- petition which is practically limited to the tenants of the same manor could hardly be called a competition at all. These fines correspond in amount generally to the two years’ value of the tenancy, which ultimately became the maximum fine on succession or alienation in manors. As I deal farther with the subject of genuine farmers’ rents, I shall be able to point out when competitive rents arose, and with what con- sequence to the tenant and to English agriculture. In point of fact, the rent of the tenant in the time immedi- ately before me may have been, and probably was, in its origin, as the Dialogue on the Exchequer (i. 10) states, a license to live on and cultivate the soil, always, indeed, less than a competitive rent, and perhaps, in its beginning, a precarious tenure. But in course of time the tenancy became 58 RuralEngland—Social Life. permanent, the rent remaining fixed. It was as full, indeed, as could be obtained, for I find that when land is let on lease for short periods, or for life, the rent is no higher than that paid by freeholders and copyholders, but it is not as much as could be paid, seeing that the tenants were constantly able to add to their tenancies, and were frequently called upon for extraordinary payments, which could not have been yielded from a genuine rack rent. And it is a proof of Adam Smith’s sagacity, that without the materials before him from which the facts could be demonstrated, he saw that rent was originally a tax, and that a long interval must have occurred before farmers’ rents became real and oppressive. I have commented above on the rents paid by the Cuxham and Ibstone tenants at the latter part of the thirteenth century. I could illustrate the topic further by quotations from rentals of a later date, and in other parts of England, from tenancies far larger in extent than those which I have dealt with, and from holdings in which serf-labour is regularly commuted for money payments. In some cases the labour rents have entirely disappeared and fee farm rents have taken their place at a very early date. This is especially the case in the north of England. But in all, or nearly all, a small amount being deducted for house and curtilage, the maximum rent paid is 6d. an acre. On one estate in Durham seven tenants hold over two oxgangs, each equal to a carucate, or hide, and con- taining at least 120 acres, four a single oxgang, and one holding thirty-three acres, atoft, and a cottage. Here there are coterells with cottages, and pieces of land ranging from nine acres to two. These instances could be multiplied indefinitely, and prove how general was the distribution of land, and how the tenant of the small estates was husband- man as well as possibly labourer, if not in his own person in that of his sons and daughters. Indeed, it is frequently found that the principal servants on a farm, the bailiff, the shepherd, and the carter, were tenants of the manor, and held land and stock, having dealings on their own account with the lord, derived but apart from their relations to him as big farm hands. Their occupation and their industry were | ‘ Wheat and Barley. 59 ae identical in kind, but differed only in extent from those of the lord himself. There is a general impression that the Englishman in the days of the Plantagenets lived on the coarser and inferior kinds of grain. That most of the best wheat went to market, supplied the towns, and was even exported to foreign countries, is probable, or even certain, especially during the fifteenth century. But over the greater part of England, over all, indeed, which has come under my inquiry, even as far north as the county of Durham, the staple produce of agriculture, and by implication the staple food of the people, was wheat, though oats are also consumed as the food of man in those northern regions. From the earliest times wheat has been the prin- cipal grain on which the English have lived. No better proof of this can be given than an account of the acreage devoted to the different kinds of grain on various estates. It will be plain that the crop with the widest area was the staple produce, and had the widest market. Now the proof of this is forthcoming, for by an accident the account of the acreage, the seed sown, and the produce obtained for four years during the first half of the fourteenth century, on eleven estates belonging to one corporation, have been preserved. I say by accident, for the record had nothing but a temporary interest, and is probably one surviving from a long series of similar documents which have perished. 1. During the four years 1333-1336, Merton College, Oxford, was cultivating with its own capital eleven of its own estates. Three of them are in Surrey, one in Kent, two in Cambridgeshire, one in Bucks, one in Warwickshire, two in. Oxfordshire, and one in Hants. In the first of these years 1,206 acres were under cultivation for grain; in the second, 1,3154 acres; in the third, 1,457 acres; and in the last 1,440} acres. But in the first year 527 acres are sown with wheat ; in the second, 460; in the third, 5604; and in the fourth, 510}; so that the acreage of wheat is nearly 44 per cent. in the first year, nearly 35 in the second, about 39 per cent. in the third, and nearly 354 per cent. in the fourth. The next most considerable crop is that of oats, the acreage 40 Rural England—Soctal Life. of which is 333, 330, 2994, and 3354 for the four several years. ‘Oats are very slightly the food of man in southern and central England. They are chiefly used for horses. The two kinds of barley, ordinary barley with two rows of grain, and the coarse kind of four rows, called bigg or bere in modern husbandry, but anciently known most frequently under the name of drage, a term now entirely obsolete, occupy 263 acres in the first year, 310 in the second, 3964 in the third, 3523 in the fourth. Of these the former was used for beer almost exclusively, the latter for beer occasionally, ‘but most commonly for feeding pigs and poultry. It entirely ‘disappears from cultivation at about the middle of the fif- teenth century. Rye is more scantily cultivated than any of the cereals. In the first and second years, 524 acres are sown with it; in the third, 50; in the fourth, 72. The only places where it forms a considerable crop are at Gamlingay in Cambridgeshire, and in the immediate neighbourhood of Oxford. It is occasionally mixed with wheat for the manufacture of bread. But it almost disappears as a grain crop in southern and central England at or about the middle of the fifteenth century. Sometimes, under the name of mixtil, wheat and rye are sown together. During the four years under examination, 7} acres are sown in the first, 19 in the second, 144 in the third, and 132 in the fourth. The three kinds of leguminous plants’ cultivated at this time, beans, peas, and vetches, occupy in the area of culti- vation for the four years, 113, 144, 136}, and 156% acres respectively. Among these is a small amount of white peas on one estate, three acres in one year and five in another. These are used for human food. Beans and vetches are horse food ; grey peas are generally given to pigs. It will, I think, be clear from this analysis of farm produce that the production of wheat for human food, and barley for malting purposes, was the principal and most important part of arable cultivation. There are, however, certain other facts, which prove the same position, that the Englishman of the middle ages subsisted on wheaten bread and barley beer. 2. The monastic chroniclers constantly give, though one Wheat the Food of the English. 61 must set little store by their figures, amounts of prices in years of special plenty or exceptional dearth. I have already adverted to a nearly continuous account of the harvests in England, noted by Matthew Paris, during the last fifteen years of this author’s literary labours. In every case, the only grain on which the writer thinks proper to comment is wheat. What is true of Paris is true of other authors, of the notes made by farmers and corporations. Corn with them is wheat, and they note the dearness or cheapness of this ex- clusively, as the main or the principal agricultural interest. 3. In the research which I have made into agricultural values, the amount of information obtained as to wheat prices, whether one takes the record of production and sale on cultivated land, or that of consumption by corporations and individuals, the number of the entries of wheat and malt grains far transcends that of any other information, though the quantities and prices of other kinds of grain are sufficient, as is proved by the maintenance of the ratio of value between them, for the purposes of inference. I have collected, between 1259 and 1583, in my published volumes, 13,313 prices of wheat, 5,172 prices of barley, 4,344 prices of malt, and 6,494 prices of oats. The prices of wheat recorded in these volumes are more than double those of any other kind of grain. 4. At an early period, so early that the statute is reputed to be the oldest after the Great Charter, if, indeed, it be not earlier still, for no date is assigned to the enactment, the assize of bread was made an English law, and every locality had a police for making it effective. But the assize takes no account of any but wheaten bread, and when it is extended to malt, contemplates only that manufactured from barley, I cannot but think in the provident care which the legislature took at so early an epoch of the interests of the consumers,— a care which it has not wholly abandoned in our own day, —attention would have been given to rye, or oaten, or barley bread, if these had been in early times the food of the people. 5. With the same purpose the legislature prohibited the exportation of corn when the price of the quarter exceeded a certain amount. Thus in the year 1438-9, the petitions in 62 Rural England—Social Life. Parliament request that permission should be granted to facilitate the inland distribution of wheat and malt by water carriage, the year being one of severe dearth. The petition was refused on the ground that advantage would be taken of the concession to export English produce to foreign countries where the dearth was as severe as it was in England. But as before, the restraint is only on wheat, barley, and malt, the latter being generally sold at nearly the same price as the former, since the manufactured article fills more space than the natural grain. 6. The extreme rarity of famine in England. I have no doubt that there were local scarcities, possibly local famines, though, as I shall show hereafter, the means of communication between the producer and the market were good, and the cost of carriage, as might be expected in a country of numerous small proprietors, was very low. But I know of only one distinct period of famine in the whole economical history of England, in so far as contemporaneous and statis- tical evidence demonstrates the facts. This is the seven years 1315-21, especially in the first two and thelast. Then famine prevailed, the people perished for lack of food, and the most conclusive proof of famine is afforded, for wages obtained a real and a permanent rise, owing to a scarcity of hands, pro- longed for a considerable time, and thereupon effecting a lasting increase of wages; for temporary dearth rather depresses wages. It needs a considerable reduction in the number of those who seek employment to bring about a real increase of wages, and this state o things must last till the increased rate becomes familiar or customary. Now it is a fundamental principle in the theory of popula- tion and wages, that the former does not increase beyond what is the customary food of the people, and that the latter do not fall below the amount necessary for the labourer and his family to subsist on, during the less advantageous part of the labour year. Hence a high standard of subsistence is a more important factor in the theory of population, than any of those checks which Malthus has enumerated. The economist who treats of the social state of any country should note in the Inhabitants of the Manor. 63 very first instance what is the customary food of the people. Famine is, or has been, periodical in Ireland and India, for the mass of the people in those countries feed on an agricultural produce which is the cheapest of any, and is most affected by contingencies of climate or weather. Scarcity has occurred from time to time in England, frequently in the fourteenth century; in only one year of the fifteenth, at least in any marked degree; seriously in the middle of the sixteenth and seventeenth centuries, being aggravated in the former of these epochs by the scandalous state of the currency; in the latter part of the sixteenth and eighteenth centuries; and during the first fifteen years of the present, when, perhaps, the dearth more nearly approached famine than at any period since the great famine which is referred to above, the only example in the statistical history of England. I have dwelt in detail on these facts, and have given this evidence of the condition of the English peasantry, in order that I may, if possible, once for all show how untenable the opinion is which doubts that, as far as the mere means of life were concerned, the Englishman of the middle ages lived in ordinary times in coarse plenty. I shall, in a subsequent part of this work, treat of his wages and their power of purchase, and of the profits which were obtained from agriculture. Ido not indeed myself doubt that the comforts of all but the most destitute dwellers in cities have been increased by the growth of society and the diffusion of knowledge, that the continuity of comfort is more secure, and that the workman has shared in the advantages of economical progress. But the landowner, the capitalist, and the trader have done infinitely better than he has, and for a longer period. I am convinced that at no period of English history for which authentic records exist, was the condition of manual labour worse than it was in the forty years from 1782 to 1821, the period in which manu- facturers and merchants accumulated fortune rapidly, and in which the rent of agricultural land was doubled. Even though the lord did not reside within his manor, the principal house in the village belonged to him, and was inhabited by his bailiff. Here the court baron and court leet ~e ~ 64 Rural England—Social Life. were held, the former of freeholders, and concerned with civil proceedings, the latter of all tenants, free and serf, whose principal business it was to be a jury for the trial or acquittal of offenders. Such manor houses are still to be found, the building of which goes back nearly to the thirteenth century. Many have been expanded into larger homes, or been partly razed forthe building of country houses, or have been turned into farm houses. In my native place the latter result has occurred ; but the antiquary can discover in the walls of the yeoman’s homestead unmistakable relics of thirteenth or fourteenth century work, when the house was the residence of the lord of a single manor. This manor house was generally near the church. , Sometimes the church and churchyard were within the private grounds of the lord. His ancestors had probably built the church, and he was the patron of the advowson, as well as the principal parishioner. If he was the lord of other manors, he paid periodical visits to his manor house, at least to take the audit of his bailiff, perhaps for a temporary residence there. The next most important personage in the parish was the rector. We will suppose that some neighbouring monastery has not been able to secure the impropriation of the benefice, and to serve the parish with the offices of some starved vicar or ordained monk. This rector has generally a fair share of glebe land, as well as tithes and dues. As the owner of the glebe, he is, like the rest of the inhabitants, an agriculturist ; as the tithe owner, he keeps his eye on the yeoman’s corn strips or closes, on his lambing fold, his shearing stead, and his poultry yard. As the receiver of dues for ecclesiastical offices, he exacts his fee, graduated according to the means of his parishioner, on churchings, weddings, and burials, claims his Easter dues from every home, and his price for obits and masses. For one of the most singular features in the par- ticulars of medizval estates is the permanent charges which are imposed on the tenant. We have seen what was the character of those which were exacted in the interest of the lord. Very likely the lord’s estate, beyond what was due to the Crown, was charged with some payment to a monastery The Parson—The Miller. 65 some exhibition to a college, some annual pension for a chantry, as well as with dower to a widow, and portions, to be realized from the sale of stock, or by a rent charge, for brothers and sisters. We learn from information given us at a later period than that on which I am immediately commenting, that some of these rectors had large incomes from the benefices. Gas- coigne, writing in the fifteenth century, tells of some which were worth £100 a year, and the Rolls of Parliament con- template others at £200. These must have been parishes in which the glebe and the dues were very large, for the tithe of no ordinary parish could have nearly reached this sum. Such benefices were eagerly coveted by the monks, and were frequently, as we are told, impropriated, that is, the larger revenues from tithe of corn and wool were secured to the monastery, while the vicar was left with the smaller tithes and the fees. Sometimes, if the monastery were near, even the fees were absorbed. Thus the monks of Bicester acquired the rectory of the town, and all its ecclesiastical revenues. The record of their gains from this source has been preserved for two years of the fourteenth century. The fee for churchings varies from Is. Iod. to Is. o4d.; for weddings, from §s. 3d. to 2s.; for burials, from 9s. 3d. to 3a. The fellows of Oriek College, Oxford, obtained the principal church of St. Mary in High Street, and derived no small part of their corporate income from religious offices, and from trafficking in wax tapers, which they manufactured and sold to devotees. It is no wonder that the king, knowing how large were the profits of the parochial clergy and the monasteries, insisted on liberal contributions from them towards public necessities, and that the clergy should have striven to obtain the powerful aid of the pope, in order to escape from these exactions. The most important lay tenant of the manor was the miller. Every parish had its watermill,—sometimes more than one, if there were a stream to turn the wheel,—or a windmill, if there were no running water. The mill was the lord’s franchise, and the use of the manor mill was an obliga- tion on the tenants. The lord, therefore, repaired the mill, 5 66 Rural England—Soctal Life. the wheels, or the sails, and found—often a most costly purchase—the mill-stones. Sometimes the homage at the court baron supervises the contract with the local carpenter for the labour needed in constructing the mill wheel; some- times the jury of the court leet presents the miller for using a false measure and for taking excessive toll. The miller figures in the legends and ballads of the time as the opulent villager, who is keen after his gains, and not over honest in the collection of them. The residue of the tenants generally inhabited the prin- cipal street or road of the village, near the stream, if one ran through the settlement. There were to be sure isolated farmhouses, and these probably in early times; but, as a rule, I believe the building of these distant homesteads followed on the enclosures, and was not usual as long as the system of open arable fields remained. The houses of the cottagers were also generally in the principal street ; but some, even at an early date, were in remote parts of the manor. The parish church, even in the most thoroughly rural districts, was far larger than the needs of the population would seem to require. It is certain that villages with less than fifty or a hundred inhabitants possessed edifices which would hold a congregation of five or even ten times that number. But it will be remembered that the church was the common hall, perhaps even the common market-place, of the parish. The parish vestry is said to be the most ancient of our social institutions, and a vestry of the whole inhabitants could be summoned at the discretion of the rector. Here, too, mysteries are performed, processions marshalled, and perhaps even secular plays exhibited. When the Host and portable altar were rernoved, the church could be employed for all uses. Sometimes it was employed as a storehouse for grain and wool, a small fee being paid to the parson for this convenience. The tower, especially in the more exposed districts near the sea, was a place of refuge, the castle of the inhabitants. As late as the time of the Parliamentary wars, the royalists of a Hampshire town garrisoned the parish church, and stood a siege and cannonade in it. The Church and the Homesteads. 67 The houses of these villagers were mean and dirty. Brick- making was a lost art, stone was found only in a few places, and, though cheap enough, was certainly not generally em- ployed, even where it was plentiful and within reach. The better class of yeomen had timber houses—housebote was a customary right of the tenants—built on a frame, the spaces being either lathed and plastered within and without, or filled with clay kneaded up with chopped straw. The floor was the bare earth, though it was sometimes pitched with split flints. The sleeping apartments under the thatched roof were reached by a ladder or rude staircase. A few chests were ranged round the walls, the bacon-rack was fastened to the timbers overhead, and the walls of the homestead were garnished with agricultural implements. The wood fire was on a hob of clay. Chimneys were unknown, except in castles and manor houses, and the smoke escaped through the door or whatever other aperture it could reach. Artificial light was too costly for common use, for the hard fats were four times as dear as the meat of animals, and a pound of candles could only have been procured at nearly the price of a day’s work. The floor of the homestead was filthy enough, but the surroundings were filthier still. Close by the door stood the mixen, a collection of every abomination,—streams from which, in rainy weather, fertilized the lower meadows, gene- rally the lord’s several pasture, and polluted the stream. Two centuries and a half after the time of which I am writing, the earliest English writer on husbandry comments on the waste, the unwholesomeness, and the agricultural value of these dunghills. The house of the peasant cottager was ruder still. Most of them were probably built of posts wattled and plastered with clay or mud, with an upper storey of poles, reached by a ladder. In the taxing rolls of Edward I., preserved numerously in the Record Office, the household furniture of such cottages is inventoried, and valued at a very few shillings. It consists of a few articles of furniture, generally of home manufacture, some coarse bedding, and a few 68 keural England—Social Life. domestic implements, mostly earthenware. The most valu- able articles in use were copper or brass pots, and a few common iron utensils, all metals being exceedingly dear; and iron, relatively speaking, being the dearest of all. Rude, however, and coarse as village life was, it must not be imagined that it was without its hopes and aspirations. The serf could arrange with his lord to remove to a neigh- bouring town, and there prosecute his fortunes, perhaps emancipate himself. The king, when war arose, would look out the likeliest and most adventurous of the youth of all ranks, and employ them in his army with good pay, and prospects of plunder and ransom. The parish priest would encourage some bright and quick child to devote himself to the schools, to the university, to the service of the Church in the monastery, or in parochial offices. Many a peasant had heard doubtless of the learned Grostéte, the son of a serf, the most distinguished scholar of thirteenth century Oxford, of the Oxford which existed long before a college was founded, —the friend of the reforming friars, the enemy of the Roman court, the advocate of England for the English; and was eager, out of his scanty means, to buy the license, that his son might go to the schools and take orders. Perhaps with these openings for himself and his kind, the yoke of de- pendency did not press very heavily on him. But the lord must beware of breaking the customary bargain between himself and his serf. He once attempted to do so, and a sudden and unexpected revolution shook England to its centre, and, though organized by serfs, was a memorable and perpetual warning. I am far from forgetting that in many material points the man in our day, who lives by manual labour, is better off than his ancestor of the thirteenth century, just as he is better off than his ancestor of the eighteenth. One of the earliest objects to which wealth has given encouragement is the science of health. I do not know that they who welcomed this great change in the conditions of human life thought or cared that it should be extended beyond their own interests. To judge from the indifference with which The Prospects of the Serfs. 69 the housing of the poor in cities is recognised and permitted, I should conclude that the desire for health is not beneficent, even when reflection points out that for one’s own sake it is better to be one’s brother’s keeper. I am aware also that all classes, though at a period long after that of which I am now speaking, shared the benefits of those great improvements in agriculture, under which fresh food is supplied all the year round ; and that many forms of inveterate disease, which once afflicted humanity, have been banished, and life has been rendered easier and longer. The means of life were as plentiful, considering the population, in the thirteenth century, as they were in the eighteenth, the continuity of labour was secured, and the prospects of those who lived by manual toil as good. The age had its drawbacks, as every age has, but it had its advantages; and I hope to be able to show that the peasant of the thirteenth century, though he did not possess, and therefore did not desire, much that his de- scendant had in the eighteenth, had some solid elements of present advantage and not a few hopes of future advance- ment. 7O CHAPTER III. RURAL ENGLAND—AGRICULTURE, ‘The earliest Writer on Agriculture in England—Acreage of Land under Arable Cultivation in eleven Estates—Live Stock on these Estates—Money Value of the Stock and other Capital—The Character of the Lord’s Property and his special Advantages in Relation to it—Meadow, Wood, Common, Dovecots Ploughing—The relative Advantage of Ox and Horse Ploughing—The Cost of Arable Farming—Live Stock—Oxen and Cows—Sheep—Their Importance— English Wool, a Monopoly—Breeds of Sheep various—Diseases of Sheep—- Rot, Scab—Remedies for their Cattlk—Swine—Poultry, universal—Rabbits— Mode of Life in Rural England—Dead Stock and Tools—Cost of Iron— Tenures generally Communal—Closes in Severalty—Common of Pasture— Distress for Rent—Communal Tenure a Hindrance to Improvement—Permanent Improvement—Marl, Lime—The Dairy—Cheese, Butter—Salt—Its Benefits ~— Entirely produced by Solar Heat—The fairest Index of the Summer Season —The Court Days—The Harvest Time—The Highwaymen at Alton—The English Climate. HERE is a single essay on English agriculture which was written before the middle of the thirteenth century. This essay is by Walter de Henley. The earliest copy of this work is contained in a lawyer’s handy book, written at the conclusion of the thirteenth century; though a few additions have been made to the volume up to the latter part of Edward II.’s reign by a later scribe, as the book contains the Statute of York. The work is in Norman French; and the copy which I have used is considerably later than the author's own age. There is a story that it was translated into Latin by the great Bishop Grostéte; and a Latin version of the work is also found. “La Dite de Hosbanderye” was a handy book of agriculture; and, as is probable, was frequently copied in one or the other language, It was not superseded till the sixteenth century, when the English work of Fitzherbert makes its appearance. The Merton Estates. 7) The date of Walter de Henley’s work cannot be exactly. ascertained. It contains a careful description of the diseases to which sheep are liable, but it makes no mention of “scab.” Now we know that this disease did not make its appearance till about the beginning of the last quarter of the thirteenth century. Again, the treatise contains on the last three leaves a remarkable list of certain English towns and other localities, each of which is designated by some characteristic; and a schedule of the English bishoprics, with the various counties of which they are composed. From internal evidence, the list of towns appears to have been compiled shortly after the year 1249. The schedule of the bishoprics appears to refer to even an earlier date, as the counties of Northumberland, Cumberland, and Westmoreland are grouped under the common name Northumbria. I shall have occasion to revert to this list of towns in a later chapter, and shall treat of Walter de Henley’s account of English husbandry as I have occasion to refer to what was the actual practice of the agriculturist. As I stated in the preceding chapter, wheat was cultivated on every estate, a larger breadth being sown than there was even on those which cultivated rye. The following is the acreage of all the land under tillage in the eleven estates referred to before. At Maldon the average under cultivation for the four years is 2684 acres; at Leatherhead, 1483 acres ; at Farley, 182 acres; at Elham, which was chiefly a horse breeding estate, 154 acres; at Cambridge, 864 acres; at Gamlingay, 153+ acres; at Cheddington, 123 acres; at Wol- ford, 723 acres; at Cuxham, 181} acres; at Holywell, Oxford, 118% acres; and at Basingstoke, 100} acres. The average amount of arable land in cultivation on the whole eleven estates for the four years is therefore 1,448} acres, The same inventories give us an account of the live stock on the estates. Horses are found everywhere. But there are others called stotts, a word used at Maldon and Cambridge only, and affers, a word used on all the estates except Elham. Both probably mean the breeds of coarse large ponies, which are occasionally found in country places at present. The average on all the estates is thirty horses, eight stotts, and thirty-eight 72 Rural England—Agriculture. affers. These animals are kept principally for draught, but were probably employed for ploughing also. The average number of oxen and cows kept on ten of the estates is 215, Elham possessing none. No sheep are kept at Elham, Holy- well, and Cambridge. But on the other eight estates an average of 1,133 sheep and lambs are kept in stock, the largest number being wethers. They are known as ewes, muttons, hoggs, rams, and lambs. About 9 rams are kept to 287 ewes. An average of twenty-one calves is given in the audit. There are on an average 159 pigs, and 137 store pigs. There are in the same way 246 geese, 146 capons, 281 fowls, and 103 ducks. The stock does not, it is clear, represent the maximum of the year, but the amount on all the farms at the date of the audit. The list, therefore, does not account for the sales nor for the purchases, But the enumeration is not only suggestive of the amount of stock on a series of estates, but it shows how general stock keeping was, how necessary it was to have other resources for maintaining such a stock beyond common pasture or the balks in the open fields, and that there must be implied in the amount of arable land occupied by the tenant a considerable further area of several pasture. These were the crofts and closes, which are generally added to the virgate or half virgate of the freeholder or serf. Taken at the average values of the four years, the live stock on the farms, as accounted for by the several bailiffs, is of the money value of £291 19s. tid. But the same record informs us that the average floating balance left in the several bailiffs’ hands was £115 12s. 84¢.—a sum in live stock and working expenses of £407 10s. 10d. The dead stock and seed amount to at least £200, and the rental of the land alone to £75 more. The capital invested in the farm buildings mills, and similar property cannot be less than 4800 more, so that a capital sum, in fixed and floating form, of more than 41,482 was required in order to take in hand and manage properly the amount of 1,448 acres of land in cultivation on an average of years. Now, in the period before me, arable land was not worth more than fourteen years’ Value of Stock. 73 purchase,—ze., land yielding 6a. an acre rent was worth about 7s. an acre,—and, as the foregoing calculation points out, the stock, capital, and buildings on an arable farm were three times the value of the land when taken apart from their necessary conditions. Even if we omit the buildings and rent, the necessary floating capital is considerably in excess of the value of the land, and the position which I laid down before is worked out, that the system of landlord cultivation, with its vast amount of floating capital, divisible in equal parts among the representatives of a common ancestor, and open to distribution by will, must have considerably modified the effects of the custom of primogeniture. Speaking generally, the arable lands of a manor were divided pretty equally between the lord and the tenants of the manor. There were, however, certain advantages possessed by the lord, some of them of very solid significance indeed, some vexatious and injurious to the tenants rather than profitable to him. 1. Whenever there existed natural meadow, regularly warped or watered by streams, it was, as a rule, the property of the lord, and held by him in severalty. In the entire absence of all artificial grasses and winter roots, this kind of land bore a very high rent. About Oxford it is constantly let at 75., 85, or gs. an acre; aftermath, or rowens, called vewannum in its Latinised form, being let at 2s. 6d. Now, taken generally, the value of grain has risen about twelve times in nominal value since the period before me, and such water meadow as let at the high rates referred to five or six enturies ago has risen to from about £4 45. to £5 10s, an acre— £.¢.,in about the same proportion, while ordinary arable land has risen from fifty to sixty times. For the same reason—- viz., the singular importance of water or natural meadows— sales of hay are very rarely found in the bailiff’s account, though they are occasionally seen in the account of con- sumption by nobles and great corporations. In later times, when nearly all the information procurable as to prices is from the records of consumption, entries of the price of hay are common enough 74 Rural England—Agriculture. 2. The tenants of the manor had a right generally to the use of wood from the lord’s timber for the repair or enlarge- ment of their homesteads, for their agricultural implements, and, to a limited extent, for their fires. On the other hand, as we have seen, they are prohibited from cutting oak or ash, even on their own holdings, without the lord’s consent. Now it was generally the case that the manor contained, especially on its boundaries, a considerable and extensive belt of wood. For example, the northern slopes of the South Downs were generally covered with beech woods, and the higher grounds on the north were similarly over- grown with coppice, oak, and ash. The sales of fuel from this wood were a very considerable source of income to their owners. After the great rise in prices occurred, during the latter half of the sixteenth century, though rents remained provokingly stationary, the profits of coppices and forests were a welcome advantage to landowners, who often found in the rise on the price of their woods that there was some compensation for the stagnation of agricultural rents. Besides, they got payments for the grass in the spring, and the pannage of pigs in the autumn. One can quite understand, then, how indignant the nobles in the seventeenth century were, when the examination and claim of the Crown’s forestal rights so seriously lessened the estates of some among the nobility, and greatly curtailed a lucrative source of income. Of course, much wood and forest was held by private owners and in severalty. 3. Generally the use of the common pasture was without stint—ze., any tenant could put as many beasts as he liked on it. It is a common subject of complaint that the lord, being possessed of several meadows, saved his pasture for hay or summer feed, and cropped the land bare by the multitude of cattle and sheep which he put on the common pasture. Such a common without stint exists still near Oxford, in the large space known as Port Meadow—a piece of ground which belonged to the inhabitants of Oxford as long ago as Domesday, the sole use of which was subsequently usurped by the citizens, who, indeed, after the city got its The Lord's Domains. 7S charter, were the principal, or at least the permanent, residents in the borough. 4. Generally, also, the lord had or claimed the right of erecting a dovecot or pigeon-house on his demesne. Pro- digious numbers of these birds were kept, and though they doubtlessly plundered the lord’s fields, they must have been. a greater nuisance to the tenants. Even if there were no- evidence of the number accounted for in the bailiff’s roll as. sold or sent to the lord, the price, about a farthing each,. would show how common they were. There was hardly a manor without its dovecot. The right to keep a pigeon- house was confined to lords of manors, who could punish in- their own courts any one who imitated their practice. When,,. as was sometimes the case, the same parish contained two or more manors, the loss and inconvenience must have been great to the other tenants’ crops. In the year 1332, the bailiff: of one estate accounts for the sale of nearly 700 pigeons. An estate under the plough was divided into three parts,. and the ploughing of each part had its own name. Ordinary ploughing was undertaken in the autumn, and was called’ hyvernagium ; the second plough-time was in April, and was. called warectatio; the third was at midsummer, and was- called rebinatio. The last should be undertaken when the ground is dusty. The furrows should be a foot apart, and: the plough should go two digits deep, no more. Now in order to traverse this space of an acre, there will be thirty-three- journeys made. Walter de Henley advises thirty-six. It will be found that the whole space traversed in order to plough: two acres will be nine miles—he says six leagues; and he says that it would be,a poor stott or ox which could not do am acre in a day. He concludes, therefore, that a carucate off land, ze., the amount which a team of horses or oxen could plough, is from a hundred and sixty to a hundred and eighty acres in the year, taking forty-four weeks in the year, and: omitting eight for marketing and other hindrances. By this. he means, not that a team is engaged in ploughing all the year round, but that if it were so engaged, it would cover the space of an acre a day. But he is willing to allow three and: 76 Rural England—Agriulture. a half roods for the first, and one acre for the second plough- ing. Land should be ploughed three times, unless it be such a soil or such parts of the soil as will bear a crop every year. After sowing, the young plants should be hoed, and drawn out of the furrows to the ridge. Always get seed from some other estate. If you doubt my advice, try half your land with foreign seed, half with that of your own growth, and you will see the wisdom of my counsel. Plough with two oxen and two horses together. You will do better than with horse ploughing alone, unless the ground is very stony, when oxen find it difficult to get a grip at the ground with their hoofs. During the time of ploughing, whatever be its kind, the farm bailiff, or head reaper, or head man, should be constantly about the plough, to see that the serf do his work well; see at the send of the day’s work what they have done, and that they keep up to the amount every day afterwards, unless they are .able to account for a deficiency by some hindrance. Servants -and customary tenants shirk their work, and you must be on your guard against their rogueries. Besides, the head reaper must look after them daily, and the bailiff see to them all that they do their work well, for if they do not they should ‘be chidden and punished. The ox was considered a far cheaper and, on the whole, ‘more effective animal for the plough and for other kinds of farm work than the horse, though it is true that ploughing by thorses is speedier. The cost of a horse between Oct. 18th and May 3rd, the period during which they cannot graze, was reckoned as nearly four times that of the ox. Besides, when an ox grows old, he may be fattened for the table, and his hide will fetch a good price, whereas there is no such economy possible in a horse, whose flesh is useless and hide of little value. Oxen were shod, though the shoe is far cheaper than that of the horse, The agriculturist of the thirteenth century was quite alive ‘to the importance of stock keeping. When you can do so, says my author, stock your land to the full extent which it will bear, for you may be certain that if your land be wel The Process of Cultivation. 47 stocked, if your stock be well kept and properly handled, your land will give you a threefold return; by which I pre- sume is meant over arable farming only. I shall beable here- after, by an examination of the balance-sheet of farms, to show what was the rate of profit obtained. The cost of arable farming in the thirteenth century, when the crop is wheat, is thus reckoned :—The land is ploughed thrice at the cost of 6¢.an acre ; hoeing costs Id. an acre; two. bushels of seed at Michaelmas, Is.; a second hoeing, 4a. an acre; reaping, 5d. an acre; carriage, 1d. an acre. The straw or forage will pay for the threshing. In this account of the cost, taken from Walter de Henley, no estimate is made of rent ; but my author infers that at 4s. a quarter, unless more than six bushels are reaped, there will be a loss on the operation of 13d. The hoeing of land was generally undertaken by women. There was full opportunity for this employment till the middle of the fourteenth century, after which the outdoor employment of women almost disappears for a long time. In harvest time, women worked at piece work, as the men did, and generally at the same rates. I refer to these facts at the present time only to illustrate the course of husbandry, not to anticipate what I have to say on the wages of labour and the general condition of those who lived by hired labour, at least in the main. I have already referred to the amount of stock kept om 1,448 acres under the plough, and bearing crops. It is now desirable to deal with the several kinds of animals kept on land. Oxen and Cows.—The ox was kept for plough and draught, a few were kept for fatting, but I conclude that the amount of stock regularly fatted for the table was a very small per- centage of the whole. They would be consumed only by wealthy nobles and wealthy corporations, and, as a matter of fact, fresh beef was put on table only for a few months in the year. Much was killed and salted in November, but this beef was of grass-fed cattle. The ox, quit of skin, head, and offal, did not weigh on an average more than 400 pounds, and was 78 Rural England—Agriculture. worth about 11s. to sell. The hide of an ox was worth at deast 2s, and the head and offal amply paid the services of ‘the butcher. The meat was therefore worth about a farthing a pound, It was lean, for the hard fats were worth four times the price of meat; and tough, for it was neither young nor stall fed. Whatever stock the agriculturist could not keep -during the winter or dispose of to opulent consumers in town ‘and country, was killed, and put into the powdering tub at “‘Martinmas. There was no attempt to improve breeds of cattle. The »proof is the low price of bulls. A collateral proof is the low price of cows. The ox was valued for his work and for his flesh. The maintenance of the bull was a necessity, and the suse of the cow was for the dairy. At the same time I do not assert that there were not different breeds, but I am sure that ‘the difference was in the size, not in the quality of the animals, and that there was no distinction made in the character of the breeds. In point of fact, the scarcity of winter food and its poor nutritive powers, the absence of all winter roots, -even carrots and parsnips, and the change from the scanty ypasture of the summer to the straw-yard in the winter, must have brought about that all breeds were on the same level in point of size and quality, unless they were the few animals kept for the consumption of wealthy persons. Sheep—The mainstay of English agriculture was the sheep, at once for the profit which its wool supplied, and for the walue of its droppings to the fields. It is well known that England had virtually the monopoly of the wool trade from the earliest records till at least the middle of the seventeenth ‘century. The unrestrained export of wool, by which I do not mean the taxation of the export, but the permission to export under a heavy customs duty, more than once deter- anined the policy of the Low Countries, and was the subject of numberless diplomatic arrangements. If supplied freely -and plentifully, the Flemish burghers throve accordingly; if it were curtailed or prohibited, discontent was sure to arise in ‘those manufacturing ttowns of the middle ages. The burgher life of Ghent, Bruges, Malines, a thousand towns, depended on Cattle and Sheep. 79 this important raw staple. It is almost the only article, as far as I have been able to discover, on which an export duty could be put, the whole of which was paid by the foreign consumer. Financiers have always desired to find some product possessed of those qualities which will, without harm to the domestic producer, render it possible for the foreign consumer to inevitably pay a tax levied on the material. The conditions are four :—It must be a necessity ; there must be no substi- tute for it; there must be no other source of supply; and there can be little or no economy practised in the use of it. Such an article in the middle ages was English wool. It was a necessary material for clothing, and no other material could be used in its stead. It was produced, efficiently at least, in no other European country, for the Spanish wool, scanty in ‘quantity, was so weak a fibre that it could not be woven with- out an admixture of the English material, and the Saxony supply was not yet developed. And although it is possible that the dearness of woollen garments may have led to some economies in their use, these could not have been considerable. Hence the Government was able to constantly impose, in times of emergency, a cent. per cent. ad valorem duty on the export of average wool, such, for instance, as the produce of Lincoln- shire, Gloucester, and ordinary Hereford. The foreign wars of the Edwards and the Henrys were carried on mainly by the proceeds of wool taxes, and the enormous revenues which from the thirteenth to the fifteenth centuries were exacted from England by the Papal Court and the Italian ecclesiastics who were quartered on English benefices, were transmitted in the shape of wool by the Lombard exchangers to Flanders, and thence by a cross exchange to Italy. There were a great number of breeds of sheep, and it is evident that pains were taken to improve the breed. This is proved by the high price of rams, whom our forefathers called hurtards (the butters); very often much more being paid for rams than for the best wethers. There is other testimony to the fact in a remarkable petition presented to Parliament in 1454. The Commons present a schedule of forty-four qualities of English wool, designated by the locality of their 80 Rural England—Agriculture. origin, the money value of which ranges from £13 the sack of 364lbs. for wool grown near Leominster, the highest, to that of £2 10s. the sack for wool grown in Sussex, the lowest. And the prayer of the petition is that no quality should be exported, except at the prices in the schedule, under a penalty of £40 the sack. The petition was rejected. Now in the fifteenth century it was a very common expedient for Parliament to impose an export duty of 100s. the sack on wool, without distinction of quality. But it was not found to be so easy to put export duties on the last of hides, another important English export. To have imposed too high a duty on hides would have driven the trade to other countries. I have no doubt that these forty-four kinds were so many brands, as we should say, of English wool, which were fully recognised in the Flemish market, and I am the more convinced of this because the names of some of the qualities are taken from very narrow districts. The wool was coarse and full of hairs. I say this because I have seen cloth manufactured from fourteenth century wool, in which the quality of the raw material is very discernible, though from the use made of it the cloth was almost certainly the best procurable. The fleece, too, was light, an average from many entries which I have made giving 1 lb. 7$0z. to the fleece. But the unimproved sheep of the eighteenth century gave nearly 5 lbs. to the fleece. Hence the animal must have been small, and I think I may certainly say that a wether in good condition weighed a good deal less than forty pounds The sheep master was liable to heavy losses on his stock. I mentioned above that an average of 1,133 sheep of all kinds was kept on eight of the sheep-breeding estates. In one year the losses were 308 ; in another, 242; in a third, 300; in a fourth,—a more fortunate year,--34. But the average is 221, or close upon 20 per cent. of the stock. No doubt there were considerable losses in lambing time, but the rot made the most serious ravages. Our forefathers, who comprehended alk cattle diseases under the generic name of murrain, were well aware of the risks they ran from rot, and give the symptoms Wool and Sheep. 81 with the precision of a modern farmer. “There are,” says Walter de Henley, “several means by which shepherds profess to discover the existence of rot:—(1) They look at the veins under the eyelids; if they are red, the sheep is sound ; if white, unsound. (2) They pull at the wool on the ribs ; if it holds firmly to the skin, the sign is good ; if it tears off easily, it is bad. (3) If the skin reddens on rubbing, the sheep is sound ; if it keeps pale, the animal is rotten. (4) If in November the hoar-frost in the morning is found to cling to the wool, it is a good sign; but if it be melted, it is a sign that the animal is suffering from an unnatural heat, and that it is probably unsound.” Experienced farmers have told me that it is not easy to better the exactness of these symptoms. The farmer of the earliest period had a vague idea that the presence of a small white snail on the grass was dangerous, and the most modern experiments have proved that a water snail is the carrier of the fluke. Our forefathers advised that sheep should be kept under cover from November to April and should not be allowed to go on the ground between mid-August and November, till the sun had well purified the ground. They were fed under cover on coarse hay, wheat and oat straw, or, failing these, on pea or vetch haulm. The most valuable product of the sheep, his fleece,—and the fleece is often worth half the value of the animal when shorn, —was liable from the iatter part of the thirteenth century to a new disease, the scab. We can almost define the year— 1280—in which this disease first appeared, by the simultaneous record of the medicines employed for its cure. At first the agriculturist tried sulphate of iron, verdigris, mercurial oint- ments, and occasionally arsenical washes. Soon, however, the use of these articles was abandoned for that of tar, which . begins to be imported for this purpose in the southern and eastern counties at the end of the thirteenth century, after which it was used as a specific for all skin diseases in sheep, “ The shepherd,” says a writer of the early sixteenth century “should never be without his tar-box.” The hardships of the winter must have generally baffled the efforts of the husbandman to improve his breeds of sheep. 5 82 Rural England—Agriculture. It appears that the goodness of wool in England is not so much a matter of breed as of soil, and I am told that the localities which supplied the best English produce in the fifteenth century and in the centuries before that period are characterized by analogous excellence in the nineteenth, The sheep were washed ; the wool appears to have been sorted or picked, for “locks” and “ refuse” are always at a much lower price than the rest of the fleece. Black wool, used for russet and dyed cloth, bore as high a price as white wool, and lambs’ wool is generally a great deal cheaper than that of the sheep. Sheep were occasionally hired to lie on the ground. This must evidently have been done in enclosures. A hundred and fifty sheep were folded on an acre at from Is. 4d. to 25, the acre, or two hundred sheep were kept on a field at 8¢, a week, for eight weeks, It would seem, then, that such a flock was kept on land from three to eight weeks, in order to fertilise it, the owner, of course, feeding them. Swine—lIt is to be expected that swine were, for general use and consumption, the most important object of all English agriculture in the thirteenth century, and for many a century afterwards. The pig is a saveall, a universal consumer, and as universal a producer. It was kept by the peasantry throughout the whole parish; the sow, during farrowing time, in the sty, the only period, except during that in which the animal was fatted, when it was of any immediate cost to the owner, The object of the agriculturist was to have his herd in such a position as that there should be three farrowing times in the year; and we are expressly informed that care was taken in the selection of breeds. The pigs were the scavengers of the medieval village. In the autumn they were turned into the cornfields after the crop was carried, and into the woods to gather mast and acorns. The ringing of pigs, in order to prevent their uproot- ing the ground, was known, though not perhaps universally practised. The whole of the parish stock was put under the charge of a single swineherd, who, receiving a payment from the owner of every pig under his charge, had a smaller wage from the lord of the manor, to whom he was also a Swene and Poultry. 83 servant. It is said that the pannage of pigs, #.¢, the practice of feeding hogs on mast and acorns in the woods, was not a matter of original right, but had to be granted by deed. But the concession was very general, and the payment was ordinarily fixed at a penny or halfpenny for each head of swine. Pigs are often said to be leprous; but most of the ‘diseases to which they are liable are classed under measles, -properly entozoa. Three centuries after the time on which I am commenting, the pious and patriotic Tusser recommends that when the disease is very prevalent, the animals should be slain, salted, packed, and the pork sold to the Flemings. The fatted boar was a lordly dish, and though often the principal item in the Christmas feast, was even served up at Midsummer. Large quantities of barley, bere, beans, and peas were consumed in order to bring these animals into condition. But ordinarily the pig in the sty was put into saleable form at the cost of from two to four bushels of grain. The boar sometimes consumed ten times the larger amount before he was ready for the feast. Store pigs, when ordinary food was scarce, were fed largely on brewer's grains, which were purchased at a few pence the quarter. But as every peasant was frequently brewing ale,—it will be remem- bered that the drink was not hopped, and was therefore of rapid consumption,—such food was generally forthcoming Some idea can be formed of the condition of the ordinary pig from the fact that the lard of thirty-five of these animals was a little over five pounds a piece. The meat was, as now, salted as pork or smoke-dried as bacon. Wild boars are occasionally mentioned ; and it may be added that salted or smoked pork was slightly higher in price than other kinds of meat, certainly than other kinds of salted meat. There can be no doubt that, in the thirteenth century, every peasant had his pig in the sty. Poultry—It is even more certain that he had his fowl in the pot. Poultry keeping was universal, and poultry and egg rents were the very commonest form of rendering dues. Fowls are found everywhere, the cocks rather cheaper than hens, and pullets cheapest of all. Geese and ducks were also well- 84 Rural England—Agruulture. nigh universal, the former called green when they were stubble fed, but often put into coops and fattened on oats. Capons, which are exceedingly common, are about double the price of ordinary poultry, being always fattened in coops. That they were found everywhere is shown by the fact that “capon’s zrease” is constantly used for cart wheels and sheep dressing. In modern times, one might as reasonably prescribe hare’s fat as so costly a lubricant. Swans and peacocks were occasionally kept by the wealthy, and were sold at high prices. It may not be amiss to refer here to the singularly high price of rabbits. I am convinced that they had lately been introduced to the country; that they were found in very few localities, and were often procured from a considerable dis- tance. In the last half of the thirteenth century a rabbit was often sold at one-third the price of a wether. At the end of the fourteenth, they were as dear as geese, were purchased at a spot which was more than sixty miles from the place for which they were procured, and were carried at considerable cost. The rabbit warren is known to Fleta, but it is not mentioned in Domesday. It may be added that the bailiff, who is ready to explain any extraordinary cost or failure, has never, in the thousands of accounts which I have investigated, set down losses to the ravages of ground game. I may add, too, that, save in years of exceptional dearth, he rarely speaks of losses of poultry by theft, though he has to account for all deficiencies in stock,—a pretty clear proof that his neighbours, even the poorest, had similar property of their own, and were therefore interested ina police over property, or were removed from the temptation to pilfer. Such was the live stock of the medizval farmer, whether he. were landlord or peasant. I have taken for granted that the husbandry of the peasant was like that of the lord, and that the servants of the manor house, save that they were more secure in the income which they received in wages and allowances, lived with and in the same manner as their fellow villagers. Except that the thirteenth century villager was greatly better off, there was little change induced on the rustic’s tondition in many parts of England from the middle of the The Life of the Peasant. 85 thirteenth to the beginning of the nineteenth century. Sixty years ago there was many a village, in the south of England at least, which was out of the way of the great high roads, in which few of the yeomen knew how to read and write, and scarcely one of the labourers. For five centuries and a half, for fifteen or sixteen generations, there was no appreciable alteration in the condition of these people. The discipline of the manor court had passed over to the justice’s room, and perhaps was more severe after the custom, that no one could be prosecuted as an offender except at the action of his peers, was exchanged for the information of the master, the game-keeper, or the constable. The village weaver made homespun cloth from the hempen or woollen yarns a century agoas he did six centuries ago. The year witnessed the same unvaried round of occupation that it was when the third Henry was king. Only there was a change in the land of the parish, now generally enclosed. The ancient rights of the villagers were extinguished as these several proper- ties were created. But in many parishes the loss of communal privileges had long been forgotten. In one place, the enclosure might have dated back to the age of the last Plantagenet ; in another, to that of the Tudors. If the commons had endured beyond these several spoliations, or some residue of them had been left, they were gradually absorbed by those numerous Acts of Parliament which, beginning with the age of Anne, were the principal private bill legislation of the eighteenth cen- tury. Now and then the peasantry had risen in insurrection against those who invaded their ancient privileges. There had been the uprisings of Tyler, of Cade, of Kett. But since the days of the clubmen, the dwellers in rural England have been apathetic. Changes of dynasty, civil wars, changes in religion, haa occurred without making a break, or leaving a memory in the routine of rural existence. The church of the medizval village became the church of the Reformed Establishment, The parish priest of the old faith was succeeded, though with a greatly shorn income, by the rector of Cranmer’s and Crom- well’s, of Parker’s and Grindal’s, models. Sometimes, perhaps, in the days after the Reformation a more than ordinarily 86 Rural England—Agriculture. opulent ecclesiastic, having no family ties, would train up some clever rustic child, teach him, and help him on to the university. But, as a rule, since that event, there was no educated person in the parish beyond the parson, and he had the anxieties of a narrow fortune and a numerous family. The villagers frequented the same ale-house as that at which their forefathers had caroused for generations, held the parish feast on the same day—generally the name-day of the church, or of that on which the parish guild was founded—as that which had been set apart when the old church was a new one, or the guild was started in the days of the third Henry, or in those of his great-grandson, or during the prosperous epoch of the fifteenth century; and, except for slow, trivial, and insensible changes, everything was continued as it was when the beginnings of that constitution were effected, outside which the mass of Englishmen remained, or from which they had, in the fifteenth century, been excluded. There is, I believe, no part of the Western world in which so little change was induced on the fortunes, on the life,and on the habits of the people, as there has been in rural England from the peaceful reign of Henry III. to the earlier years of George ITI. I stated above that one of the estates from which I have taken my facts as to the husbandry and live stock was employed for the breeding of horses. In one year of the fourteenth century, the bailiff of this estate buys twelve horses for 1575. 9a, and sells them for 180s. 8a, besides getting rid of eighteen of his own rearing. These were cart or ordinary saddle horses. The war charger was a much more expensive affair, and frequently cost more than a dozen others. Dead Stock and Tools.—The estate of Holywell, Oxford, the whole of which, with the exception of some twelve acres, possessed by a monastery, and a few tenements inhabited by cottagers, was the property of one owner, lay outside the north wall of the city. It had been possessed by its owner in severalty, and had been enclosed in the middle of the thirteenth century, and was about two-thirds arable and one- third pasture, the latter being regularly warped by the Cher- well. The pasture, as I have stated above, was very valuable Dead Stock and Tools. 87 and the land, lying near a great city, fortress, royal palace, and university, was as well placed as land in the middle ages could be. Oxford was a favourite residence of the first Angevin king. Two of his sons were born there, and the palace occupied a considerable space in another district to the north of the city, from which point, indeed, the place was alone assailable. But a legend had grown into shape, that a residence in Oxford was dangerous to the English king, and the palace was almost deserted in the thirteenth century. The arable land under cultivation in Holywell was, on an average, nearly 120 acres. It was divided into at least twelve corn fields, six of which were called furlongs. The principal articles employed on the farm are :—Four iron-bound carts, and four cart frames, with four sets of rope harness ; four forks for lifting trusses, and one long one for the rick ; three ploughs, six iron dung-forks, three hoes, a reaphook and a scythe, two mattocks, two wheelbarrows, a seed cod, two axes, a saw, two winnowing fans, three pairs of leg chains, divers measures and kitchen utensils, three milk buckets, a butter churn, three cheese vats with cheese cloths, and a variety of other articles. Of these the most costly were the carts. Speaking generally, the dead stock on the farm must have been worth in money of the time at least £25. The inventory was made up on the occasion of the appointment of a new bailiff, and is an ex- haustive account. But it was the practice to enumerate the principal articles on the farm in the annual roll. The most formidable item of expenditure in the supply of necessary dead stock was the annual cost of iron. Relatively speaking, iron was considerably dearer than lead, and fre- quently nearly as costly as copper, tin, and brass. It was generally bought, whether it were of English or of foreign origin, in bars of about four pounds in weight. This was ordinarily purchased at one of the great fairs, and carefully preserved by the bailiff, being served out for the local smith to fashion into what was needed, and the weight being debited to him on each occasion. Sometimes, but rarely, it is bought in mass, Steel, which was employed to tip the cutting edges 88 Rural England—Agriculture. of iron tools, was four times as dear as iron. Over and over again, the bailiff seems to apologize for the large consumption of iron in his ordinary operations, by the dryness of the seasons, and the consequent wear of the material. The high cost of iron explains the fact that cart-wheels were frequently unprotected, being made from the section of a full-sized tree. Again I must repeat that harrowing with a frame set with stout iron pins was unknown or unpractised. Nearly three centuries after the time on which I am writing, when the practice was generally known and adopted, the principal writer on English husbandry states that the agriculturist cannot afford iran-toothed harrows in stony ground, and recommends the use of strong oaken pegs in their place. The share, too, must have been a very slight affair,—I judge by its price,—little more, indeed, than an iron point to a wooden frame, the frame being protected by clouts or plates of iron nailed to it. The principal source of foreign iron was Spain, the produce of which was about one-third dearer than that of home manufacture. What is called Osemond iron is as dear as steel, and appears to be identical with it. The cost of working iron or steel into the requisite implements was about as much as that of the raw material. The shoes with which horses and oxen.were shod were exceedingly light. The arable land of the manor was generally communal, tz, each of the tenants possessed a certain number of furrows in a common field, the several divisions being separated by balks of unploughed ground, on which the grass was suffered to grow. The system, which was all but universal in the thir- teenth century, has survived in certain districts up to living memory, though generally it gave way to enclosures, effected at a more or less remote period. The system has been traced back to remote antiquity. The ownership of these several strips was limited to certain months of the year, generally from Lady Day to Michaelmas, and for the remaining six months the land was common pasture. The communal culti- vation had its advantages for the poorer tenants, since the area of their pasture was increased. But at the latter end of the seventeenth century it was denounced as a wasteful and Communal Fields. 89 arbarous system, and wholly unsuited to any improved system of agriculture. In Fitzherbert’s treatise on surveying, a work of the early part of the sixteenth century, a description is given of these communal districts. The work, though two centuries and a half later than the period on which I am speaking, deals with a system which is of immemorial antiquity, and was probably entirely unchanged from what had prevailed in the earlier epoch. There is, he says, a field, which he calls Dale Furlong, in which the several inhabitants have “lands.” In this field the parson has two strips, the lord three, a tenant one, another two, a third one, the lord four, the prior two, the parson one, a fourth tenant two, a fifth one, a sixth one, a seventh two, the prior three, the lord two and one headland, the parson having the other. The rest of the fields, of which he gives four names, are similarly divided. He then treats of a long meadow containing 122 acres, which is similarly staked and bounded. This appears to be devoted to hay, and the several tenants mow and stack their portions. In this typical manor there are also closes of various dimensions. Every husbandman, in addition to his share in the communal field, has six of these closes,—three for corn, and the others for pasture and hay. The rental of the communal land is sixpence an acre, of the enclosed eight- pence, the difference in the value being derived from its being possible to let oxen lie on it. This rent illustrates what I have said above as to the average rental of arable land. It is unchanged from the thirteenth to the sixteenth century. Besides his several closes, and his use after harvest of the communal fields, the husbandman had access to three kinds of common of pasture:—(1) In many places, where closes and pastures exist in severalty, there is often a common close, taken in out of the common or fields by tenants of the same place—and I conclude by the action of the homage—for oxen, kine, or other cattle, in which close every man is stinted from the lord downwards. (2) The plain champaign country, where the cattle go daily before the herdsman, this lying near the common fields. Here again each person who has the right go Rural England—Agriculture. of use should be stinted ; and a suggestion is made that the principle of the stint should be determined by the extent of the tenant’s holding. (3) The lord’s outwoods, moors, and heaths, which have never been under the plough. Here the lord should not be stinted, for the soil is his; but his tenants should be, for they have no certain parcel of this district annexed to their holdings, but only bit of mouth with their cattle. The stint of cattle, we are told, is necessary, in order to prevent the rich man from buying sheep and cattle in the beginning of summer, getting them into condition, and selling them, all the while sparing his own pasture, and so defrauding the poor man. As an equitable adjustment of the stint, it is proposed that the tenant’s right should be proportioned to the amount of cattle which he can maintain in the winter from the amount of hay and straw housed during the season from his several holding. These passages make it clear that the interest of the medizeval tenant was by no means limited to the acreage with which he is credited in the manor survey ; and that, under proper regulations, his common of pasture was necessary and valuable. The division of communal fields into lands, or regular plots of equal length and breadth, as far at least as the unit is concerned, of which the several owners had multiples, neces- sitated, after the practice of tenant farming became general, an accurate survey and terrier of the different interests in the field. As long as cultivation was carried on by the owner, whether lord or tenant, identification was easy, and boundary disputes rare. But when the occupier ceased to be the owner, a great deal of care and frequent visits were necessary to prevent fraud or encroachment. The owner of one strip in freehold might be the tenant on a short term of years on another strip, and would be strongly tempted to edge on his landlord’s property. This is curiously illustrated by some of the bad debts which landowners made in later times. They had defaulting tenants, whose property was insufficient to meet the debts which they had incurred. But the remedy of distress, the common law process, by which the lord could recover his rent, appears to have been available only on the The Law of Dustress—Pastures. gr land from which the rent issued; and if by any means the boundaries of it were lost or obscured, the landowner might be unable to recover, because he could not find the precise spot from which his rent issued. Now it was a common practice in later times to let different strips for various terms ; and thus the tenant, not taking his holding in the aggregate, but piecemeal, could with difficulty be dispossessed. It also became difficult to discover, unless the area of the several strips was accurately registered, to find out what plot was liable for overdue rent. I have constantly found, in the accounts presented by rent collectors, that arrears extending over a long period of years, especially in the fifteenth century, are described as not recovered because the collector cannot identify the land from which the rent issues. It was, I believe, to meet such contingencies as these that the old remedy of distress was supplemented by the action for covenant and the action for debt; and thus that the rights of the landowner have been made a far more secure debt than they were under the ancient system. The system of communal tenure, it must be admitted, was hostile to permanent or even transient improvement, because it left the personal advantage of outlay on such land insecure. The argument may be pressed with great force in favour of the tenant under the modern system; and it is certain, as we shall see hereafter, that as soon as ever it was possible to apply new methods of cultivation, and to enhance by such methods the natural capacity of the soil, the complaint arose that the landlord entered on the benefit of the tenant’s improvements, deprived him of them by the exaltation of rent, and therefore discouraged agriculture. This complaint, which begins in the sixteenth century, is exceedingly common in the seventeenth, when English agriculture was making rapid progress. Still, improvements were made in the thirteenth century. These consist of ditching, draining, and ridging wet land, of marling and claying stiff or poor soils. Ditching was generally contracted for by the pole, and, to judge from the price, a pole of ditching was about a day’s 92 Rural England—Agriculture. work, I should gather, however, that this is not the cost of the first construction, but of subsequent cleansing. Draining was practised on wet lands by digging a trench and laying angular stones in the cavity, or, in some cases, by setting an arch of stone through the length of the trench, provision being made for an exit into the ditch, or even by laying hollowed alder stems in the trench. Ridging was practised on wet arable land or meadows, and sometimes the ridge is raised to a considerable elevation. This is the most inde- structible of agricultural improvements; and districts may be found where, time out of mind after arable cultivation has ceased on the land, the artificial ridge of the ancient field is as marked as ever. Much more important, however, is the marling and claying of light and poor lands. If in marls the proportion of calcareous matter is large, it is said to be a good dressing for clay soils; if the amount of clay is large, it is good for light, sandy soil. It was extensively adopted at Maldon, in Surrey, one of the eleven estates on which I have so frequently commented ; the operation extending over thirty-seven years, and nearly 143 acres having been gradually treated in this manner. Maldon is in the sandy district of Surrey. It was a costly operation. It appears that about one hundred loads were spread to the acre, and that the cost—I am speaking of Maldon only—was from 3s. to 3s. 6d. an acre, that is, nearly half the value of the fee simple of ordinary arable land. Some- times it cost more to the acre, the charge rising in the case of one estate to 7s. an acre, and in another to nearly 8s. The effect in altering the texture and increasing the fertility of the soil was supposed to be very great, and the value of marl pits was generally recognised. There is no reason to doubt that the freehold and copyhold tenants, whose rents and services were fixed, followed the example of the lord in improving their property, especially as the cost of carriage, owing to the fact that so many beasts of burden, relatively speaking, were kept, was exceedingly light. Writing two centuries and a half afterwards, Fitzherbert tells us that the most useful process for mending ground is Marling and Claying Land. 93 marling, and that generally, when such a material exists within convenient reach, marl pits have long been opened. Latterly, he adds, the practice of marling has become uncommon. Two causes are assigned for this change of agricultural custom. One is “that tenants”—he is speaking now of tenants at will, or on short lease—“ be so doubtful of their landlords, that if they should marl and make their holdings much better, they fear lest they should be put out, or make a great fine, or else pay more rent. And ifa lord doso, meseemeth he is unreasonable, seeing that it is done all at the cost of the tenant, and not at his. The second cause is that men be disposed to idleness, and will not labour, as they have done in times past; but it meseemeth a freeholder should not be of that condition, for he is in asecurity, for his chief lord cannot put him out doing his. duty. And he knoweth well that he shall take the whole profit while he liveth, and his heirs after him ; a courage to improve his own, the which is as good as he had purchased as much as the improvement cometh to. And one man thus doing would give other men the courage and a good example to follow the same. Marl mendsall manner of ground, but it is costly.” He goes on to say that in Cheshire and Lancashire the process of marling has doubled the value of the land. While marling was the expedient, according to the quality of the article, for sandy land and some kinds of clay, lime was employed for the destruction of moss and some kinds of insects, and for altering the texture of heavy clays. Lime was manufactured, the owner supplying kilns, fuel, and raw material, at about 14¢@. the quarter, or at about 2d. the day, when the service is not paid by the piece, and the operation was carried on at bye times of the year. I find no record of the amount needed for the acre; it probably varied, and was frequently employed as a dressing. Our forefathers seem to have sometimes committed the error of mixing it with stable dung, and thereby of liberating the ammonia in their manures. The sort of liming of course varies with the proximity of the estate to chalkpits or limestone. The. Dairy—Cheese and butter were abundant and cheap. The proof is that, except kitchen stuff, butter is the cheapest 94 Rural England—Agriulture. of the fats. Both appear to be produced on every farm. But information in detail, such as the statistician would require, is defective. Cheese is generally sold by tale, not by weight. It is made up into three shapes, great, middle, and small, and the weight of the aggregate is rarely found. So, again, butter is frequently sold in pats. Again, it was a common practice to let out the cows, the owner supplying food, at 5s. to 6s. 8d. a year, and the ewes at about Is., to the dairyman, who had the calves, often repurchased by the bailiff, as part of his bargain. The dairyman, or deye, engaged to restore the animal in sound condition at the end of the year. Here it is worth noting that such a bargain implied not only a power of contracting on the part of persons whom the law books describe as having no rights of their own against the lord and his agent, but the possession of a considerable amount of private resources on the part of the contractor, who is generally a farm servant. The custom, in short, is proof that the condition and means of persons who entered into hired service on annual wages and allowances with the lord’s bailiff, were far better than anything of which our modern experience informs us as to the condition of farm labourers in our time, or, indeed, within recorded memory. Butter was worth about three farthings, cheese about a half- penny the pound. It appears that butter was occasionally melted, as it is sold frequently by the gallon. This may be accounted for by the high price of salt. The manufacture of cheese generally commenced at Christmas, and was continued to Michaelmas. Within these nine months, two cows should produce, in fair pasture, a wey (224 lb.) of cheese, and about I9 gallons of butter. It seems, then, that cheese was made of skimmed milk, or, at least, that a portion of the butter was abstracted from it. If the pasture is light, as in woods, meadows after mowing, or in stubble, three cows were required for the same produce. Now, says Walter de Henley, if a cow produces, as it may, 33d. worth of cheese and 1d. worth of butter weekly, its gross annual return, deducting the cost of keep, will be gs. a year, and, therefore, it is strongly advisable that cows should be kept. Ten ewes Cheese, Butter, and Salt. 95 were considered to be equal in productiveness to one cow. Goats, for obvious reasons, were rarely kept. In the open country they would have been entirely unmanageable. Rennet was employed (generally the produce of the farm, but occasionally purchased) for manufacturing cheese. The curd was put into a vat and pressed through cloths. The charge for vats and cheese-cloths is found on every farm. The cheese thus manufactured seems to have been sold at once, if possible, in the nearest town, and the sale was con- tinued through the whole season. It appears that the produce of certain dairies was stamped, not probably as evidence of quality, but of ownership. It was the practice, as I have said, to make cheeses into three shapes. These seem to have been, to infer from the prices, six, four, and two pounds respectively. In a later period we find very different qualities of cheese, the practice being to make them into larger shapes. The best cheese at this time came from the eastern counties ; the cheapest from the southern. Butter is generally sold by the gallon. Of course this may have been salted and pressed into earthenware pans or small barrels, which were very cheap,—the art of the cooper, like his name, being universal,—or, as I have suggested, it may have been melted. Its use for purposes which could hardly bear salt argues that the melting of butter was not unknown. At any rate it was abundant. Salt—In connection with these articles of agricultural produce, salt should be referred to. It was a matter of necessity to an extent which we cannot conceive, and the .acquisition of a good quality of the article was as important as its cheapness and plenty. For five or six months in the year, our ancestors, at least the majority of the people, lived on salted provisions. The wealthy had game, fish from their stores, and even fresh meat from their farms, though the latter in varying quantity; for it was plainly a piece of extravagance to habitually consume fresh meat in the winter. But the mass of the people had to live on salted meat, or to go without meat at all. The pig was doubtless the prin- cipal food; but salted beef, and even mutton and poultry, were go Rural England—Agriculture. common articles of diet. The usages of the Church prescribed that just before the coming of spring all should live on salted fish, and, as a consequence, there was a great and most important trade in salted sea-fish, the earliest maritime ad- venture being directed towards the discovery of new and more abundant fishing-grounds. Now, in the absence of alk winter roots and herbs, beyond a few onions, a diet on salted provisions, extended over so long a period, would be sure to engender disease, even though the salt were of the best quality; and as a matter of fact, scurvy and leprosy, the invariable results of an unwholesome diet, were endemic, the latter malignant and infectious, in medizval England. The virulence of these diseases, due, in the first instance, to unwholesome food, was aggravated by the inconceivably filthy habits of the people. The salt, however, with which the provisions were seasoned made matters even worse. It was entirely produced by solar evaporation in the southern counties, in so far as it was an English product. That the Romans made use of the brine springs of Worcestershire and Cheshire I can well believe ; that the English did not, before the beginning of the eighteenth century, I am quite certain; for the best au- thorities at the time, those on the spot, declare they did not. English salt, therefore, was full of impurities. It contained, or was likely to contain, all those salts which the skill of the modern chemist easily separates from the staple product. It contained sand and dirt besides. “White” salt was very properly a good deal dearer than grey or black salt; salt that was used for the dairy than that which was supplied to the servants. Great or bay salt was the dearest of all English products. The acquisition of salt, therefore, from such foreign regions as could supply a purer article, was a great consideration. Such a supply could come from the south-west coast of France. As long as Guienne was parcel of the English Crown, and trade was regular between the district and England, salt and wine were the principal exports to this country. In 1450, Guienne, after being annexed to the foreygn Supplies of Salt. 97 English Crown, though with some interruptions, for three venturies, was lost. The French king, knowing how impor- tant the export of salt and wine was to England, ventured on imposing an export duty on these commodities. The Gascons rebelled in 1452; and were supported by the English Parliament and the force under Talbot for very good reasons. Talbot and his son were slain at Chatillon in 1453, and Guienne was irretrievably lost. Thenceforward the English kings strove to negotiate commercial treaties in which the free exportation of the salt of Guienne was stipulated for. I have said that English salt was always produced by solar heat. The proof of this fact is to be found in the exaltation of the price when the summer was wet. The price of salt is even a better index of the rainfall during harvest time than the price of wheat; for the latter might recover, even when August rains were heavy, since it was cut high up on the stalk; but the lost heat was never regained. The stocks were generally, it would seem, larger; and the exaltation of price is always, or nearly always, seen in the year following on the agricultural scarcity. In what was a matter of necessity, this was to be expected. My reader will be now able to construct for himself the picture of an English village in the thirteenth century: of its timber or stone manor house,—brick-making, we must re- member, was a lost art, and was not revived till the middle of the fifteenth century,—of the rough buildings in which the peasant owners lived, and the still ruder huts of the peasant labourers. From childhood to old age, all labour. There is no change in their career, their industry, their experience, from generation to generation. Sometimes, indeed, an enter- prising or favoured village youth quits his rustic home, and, successful in war or the Church,—a Sale or a Wykeham or a Fox,—is knighted or raised to episcopal dignity and such wealth as to enable him to say, as Fox is said to have pre- dicted, that the whole village would not serve for his kitchen. But though a few persons became opulent in the middle ages,—exceedingly opulent by way of contrast with their countrymen,—the mass of men in the rural districts were 7 98 Rural England—Agriculture. removed equally from excessive poverty and from the prospect of much wealth. They could and did make their savings add strip to strip, accumulate the wages of the harvest, and— there being little to tempt them to expenditure—constantly invest their earnings in plots of land. Doubtlessly the court days, when all were summoned on pain of fine for non-appearance at the manor hall, to serve on the homage or court leet as the case might be, were occasional breaks in their monotonous lives. There they pre- sented scolds for wrangling; there the miller who took advantage of his monopoly was indicted and punished; the widow was allotted her charge on the land; the baker or brewer, who had broken the assize or outraged the discipline of the manor, was fined; ambitious fathers bargained for per- mission to send their sons to school; and mothers got leave to marry their daughters. The labourer who is defrauded of his wages is permitted to distrain on his employer’s goods and even household chattels ; and poachers are mulcted for their offences. Sometimes the whole parish strives to emancipate itself from the obligation of grinding its corn at the lord’s mill, and is amerced for so heinous a breach of manor law. The common carrier is summoned for failing to deliver goods trusted to him, and is constrained to make compensation A woman is fined for harbouring a stranger in her house. A son comes into court, and, on succeeding to his father’s tenement, not only fines in a mark for quiet entry, but acknowledges that he is bound to pay an annuity to his mother for her whole life—of a quarter of wheat, another of barley, another of peas, and forty pence; proffering, as sureties for the due performance of his obligation, two other residents. The parish priest is generally the peacemaker. These courts are held about three times a year, and seem always to have had a day’s business to do. At harvest time, again, there is a glimpse of the outer world. The lord of the manor comes to take audit of his bailiff’s doings through the past year, and perhaps to reside tempo- rarily in the manor house. The parson hires labour, super- intends the reaping of his own lands, and collects the tithe of The Incidents of Peasant Lufe. 99 the produce into the huge barns which stand by his manse on the close of his glebe. The busy Benedictine from some convent is there, to watch over the harvest of his portion and to look covetously on the rector’s lands and tithes, with a view, if possible, of getting the impropriation of the benefice out of the hands of the secular, and into the grasp of the regular, clergy. Sometimes the parish is visited by the begging friars, the revivalists of the thirteenth century, now in the height of their reputation for piety and self-abnegation, and therefore en- couraged to contrast their labours with the lives of luxurious monks and worldly clergymen. When the harvest is over there are processions to the village cross, hard by the church, with thanksgivings for past benefits, and with litanies depre- catory of real or impending calamities. Grave offences against life and property are exceedingly rare, else the penalties inflicted for these would have been recorded in that exact and faithful transcript of the year's accounts, the bailiff’s roll. But it is quite likely that though the little community was generally at peace within its own borders, and property was so generally distributed that none was imperilled, it heard with indifference that strangers were robbed on the high roads, and was even pleased that the foreigner was not allowed to have his way in England. An incident in Matthew Paris is so characteristic that I am induced to quote it at length, the more so because it is strange that so curious a narrative is omitted from the current histories of England. The scene is Winchester and Alton in Hampshire, two places which are equidistant from what is probably the scene of the transactions in question. The date is 1249. The king, who had taken the whole conduct of affairs into his own hands, and had neither Justiciary, Chancellor, nor Treasurer under him, was residing in Winchester during Lent, when two merchants of Brabant complained to him that they had been robbed of two hundred marks in money by certain highwaymen, whom they thought they could identify. The culprits were arrested, and being put to the test of compurgation, were set free by the oaths of their own 100 Rural England— Agriculture, neighbours. The whole county was an accomplice tn te robbery, and was agreed to convict no one; so that the efforts of the judge to detect the scandal were fruitless. The despoiled merchants pressed the king, assuring him that the Duke of Brabant would certainly grant reprisals against English merchants in Flanders, and thus amicable relations, then of great importance, between England and the Low Countries would be seriously interrupted, or at least im- perilled. So the king summoned the bailiffs and freemen of the county of Southampton to him. Looking angrily at them he said, “ What is this that I hear of you? The cry of those who are robbed reaches me, and I must needscome down. There isno county or district in the whole of England so scandalous or so stained with crimes as yours. Even when I am here, in this city, its suburbs or its neighbourhood, robberies and murders are committed. Even this is not enough. My own wine in my own casks is stolen by grinning and drunken thieves. I am ashamed and disgusted at the abominations of this city and its neighbourhood. I was born in this city, and yet have never been so dishonoured in any place as here. It is probable, credible, nay, all but certain, that you are confederates and accomplices with these criminals. But I will deal with you. Shut the gates, and let none go forth!” After certain expostulations from the bishop, who was present and excommunicated the offenders, a jury of twelve was appointed out of Winchester and Hampshire men. They were kept under strict custody, and held long debate. Sum- moned at last, they could make no mention of the thieves. The king was exceedingly enraged, for he knew they were well acquainted with the facts. So he cried out, “ Seize these cunning traitors, and put them heavily ironed into the lowest prison. They are concealing what they ought to tell, Then choose another jury of twelve from the same district, who will be willing to tell the truth.” After a long and secret collo- quy, these came forward, and disclosed the crimes and offences of many persons from Alton and the bishop’s liberty of Tanton. The result was that many persons of substance, The Robbers of Alton. 101 numerous bailiffs and servants of the king, and some even of the king’s household, were convicted and hanged. Among these thieves was one William Pope, whose house, when searched, was found to have no less than fifteen tuns of wine in it. More than sixty were executed for their offences. Such brigands must have lurked in the numerous forests which covered much ground in the south-west, centre, and north-east of Hampshire. The villages, however, would have cared little for the calamities of a Flemish merchant or a papal collector. The story, moreover, illustrates the state of society and the process by which justice was done through the agency of a jury of witnesses and compurgators. The winter and the summer were in violent contrast. The former was dark and cheerless, for the cost of artificial light was disproportionately high—a time in which the peasant lived perforce on unsavoury and unwholesome food. Such clothing, too, as could be obtained was inadequate to repel the cold. Hence the chroniclers comment on severe winters as the most serious calamity of the year. But, on the other hand, the freshness and glory of spring was heightened by the rudeness of the season which it followed. The earliest English poetry is that of the spring-time and its surroundings. It is probable that the summer of the thirteenth century and for some generations later, was better than that of modern experience. Wheat was grown much farther north than it was in the eighteenth century. Vineyards are found in Norfolk, and wine, manufactured from English grapes, is sold at a price not much less than that given for ordinary Bordeaux. There are traditions of similar plantations over many of the southern counties. In the fifteenth century, wine was made in Devonshire, and in the sixteenth, after the dissolution of the monasteries, a vineyard of five acres is scheduled as part of the possessions of Barking nunnery. In the thirteenth, as in the nineteenth century, the danger of English agriculture was in unseasonable wet in summer. A wet harvest is the cause of every famine and dearth in the agricultural history of England. 102 CHAPTER IV. TOWN LIFE. Mary Roman Colonies survived the Saxon Conquest—Many grew up round Monasteries, some Ports—Southampton in the Twelfth Century—Charters granted to the Towns—List of English Towns in the Thirteenth Century, with the Characteristics of each. The Guilds—were possessed of a Monopoly— adopted and Enforced Apprenticeship; supplied a Military System to the Towns, and in London gave great Political Influence; were Benefit Societies ; had to be cautious how they admitted Serfs—London, a perpetual Market— Attachment of Londoners to the City—Trade in London Illustrated by a par.icular Purchase—Political Activity in England—Relative Opulence of London in 1341, 1453, 1503, as compared with other Towns—Population of the Principal Towns in 1377—Difficulties in the Estimate of Population—The Population of England and Wales, and the Principle on which it has been Estimated—Population and Occupations at Colchester in 1301—The whole Population engaged in the Harvest—The Commerce of the Towns. URING the slow progress of the Teutonic invasion and D occupation, many a Roman colony perished. The sites of some are now entirely lost, and some have been recently, as Uriconium, Silchester, and the like, discovered. Roman England was dotted over with villas, the foundations of which are now and then exposed in places which have long since been abandoned to tillage. Saxon England was not a settlement of towns, but of villages and communal customs. Even most of the bishoprics were settled in places which never could have been considerable. The seat of the bishop whose juris- diction extended from the Humber to the Thames was an Oxfordshire village, which grew round an ancient monastery, founded within the walls of a Roman town. The Bishop of the West had his see at the hamlet of Crediton, that of the Centraland East at Elmham. A few were from the first placed The Oldest Towns. 103 In the ancient colonies of Roman England, as at London, Winchester, York, and Worcester. Even if the names did not prove the fact, some of the cities of Roman Britain clearly survived the ruin of the second conquest, and must have had a continuous existence. The sites of London, of York, of Lincoln, Winchester, Exeter, Chester, Gloucester, and several others could never have been abandoned. In the fragments of history which throw a little light on the annals of the petty Saxon kingdoms, there are a few hints of the independent existence of London, and of a corporate vitality there. This was to be expected. Unless the town offered an obstinate resistance, the invaders might well be content to spare those places which they had no mind to occupy. It is true that the desolation of Roman Britain was more thorough than that of Roman Gaul ; but it is more than probable that the towns which the Saxon tolerated he found useful afterwards ; that the Saxon king discovered in these towns some means for strengthening his authority, and that Edward the Elder was not the first king who made the successful merchant “who had passed thrice over the sea by his own means” thegn worthy. From various notices in the Codex Diplomaticus, London appears to have been included in the kingdom of Mercia. Nor can it be doubted that when the intercourse between the England of this and even a remoter age and France began, men learned about the Roman municipalities which survived. These became the patterns of the chartered towns which were so numerously enfranchised in the early Plantagenet period. Many of the English towns grew up round monasteries The piety of the converted Saxons led them to spend lavishly in the foundation of these institutions, and the principal part of the documents which have been preserved from a period antecedent to the Conquest refer to these early monasteries. Thus the town of Oxford grew up under the shadow of the great monasteries of St. Frideswide and Osney. Such was the origin of Abingdon, of Reading, of St. Alba: s, of Coventry, of Durham. Some, when trade was developed or restored, owed their existence to the convenience of the site for com- 104 Town Life. merce. Such must have been the origin of Southampton, which migrated from the Roman Clausentum to the eastern side of the Itchen; of Bristol, and of Norwich. Some were the havens of fishermen, as Yarmouth, Grimsby, and Scarborough. In the beginning of Richard the First’s reign, Southampton must have been a thriving town, for the possessions of God’s House, a charity for decayed merchants, founded in 1189, were ex- ceedingly extensive. The hospital holds houses, shops, and lands in the parishes of Holy Cross, St. John, St. Michael, St. Lawrence, All Saints, St. Mary’s, and in the district outside the Bars. In point of fact, Southampton was the chief port of southern England, with which the principal part of the French trade was carried on, especially that in wines, It did not recover for many generations the ruin which fell on it when the French landed and burnt it on October 6th, 1338. The names in the Southampton rental of the twelfth century imply a considerable population of foreigners, especially of Flemings; and it appears from documents that there was a constant immigration from North-west Germany into the Eastern Counties. The towns which depended on the Crown were liable to certain annual payments, which were collected by the sheriff. In the twelfth and thirteenth centuries, the custom began of entrusting the town with the collection of its fee farm pay- ments, and of confirming and enlarging the jurisdiction which the authorities of the town had over their own burghers. These were granted very extensively by Richard I. and John, and generally contain exemptions from harassing and vexa- tious charges, the right of self-government, of the election of their own officers, and the power of forming guilds and enacting bye-laws for their government. The municipal privileges of London are even recognised in a charter of William the Conqueror. Most of the charters are confirma- tions of privileges which were alleged to have existed from ancient times. The permanent and fixed sources of income which the Crown enjoyed from these chartered towns were occasionally charged with payments to other permanent institutions. One of the principal sources of income pos- The Produce of Towns. 105 sessed by the King’s Hall of Cambridge, the predecessor of Trinity College, was a portion of the fee farm rent of the town of Scarborough. In a lawyer’s handy-book of the thirteenth century, the com- pilation of which was clearly made at or about 1250, and which contains the earliest copy which I have found of Walter de Henley’s work on husbandry, though, as the corrections show, it is a copy of a still earlier original, is a list of English towns and similar places, each with some marked characteristic annexed to it. Thus we have the Baronage of London, a phrase which seems to point to that period in the earlier re- corded history of the great city when the artizans and traders were struggling against the dominant influence of the local nobles, and the Fitzosberts were seeking to give method to their discontent and their efforts. The relics of Westminster, the pardons of St. Paul’s, the approach to Thorney, perhaps the enclosure of the old Palace of Westminster, if not the isle of Ely Abbey, and the prostitutes of Charing, designate the characteristics of localities near London. With the excep- tion of Berwick, York, and Chester, no place north of the Humber is named. Oxford is renowned for its schools, Cambridge for its eels— a proof that the list was compiled before the latter University was recognized. Manufactures of cloth are noted :—Scarlet at Lincoln (Nichol); blanket at Bligh; burnet at Beverley ; russet at Colchester (eight weavers are enumerated at this town in the rolls of Parliament under the year 1301); produce of linen fabrics at Shaftesbury, Lewes, and Aylesham ; of cord at Warwick and Bridport, the latter being also quoted for its hempen fabrics; of fine bread at Wycombe, Hungerford, and St. Albans; of knives at Maxstead ; of needles at Wilton; of razors at Leicester. Banbury is distinguished for its drink, Hitchin for its mead, and Ely for its ale. Gloucester is the mart for iron, Bristol for leather, Coventry for soap, Doncaster for horse girths, Chester and Shrewsbury for skins and furs, Corfe for marble, Cornwall for tin. Grimsby is famous for cod, Rye for whiting, Yarmouth for herrings, Berwick for salmon, Ripon is a horse market, as it was in the sixteenth 106 Town Life. century, and gloves are bought at Haverhill, while oxen are sold at Nottingham, and, unless I am mistaken, saddlery at Northampton. Southampton is famed for its navy, Norwich for its harbour, Stamford and Dunstable for inns. Some towns are indicated by uncomplimentary characteristics—as the robbers of Alton, in allusion, doubtless, to the story of brigandage in that aeighbourhood recounted in the last chapter—butchers at Winchester, and villeins at Tamworth, The plains of Salis- vury, the hot springs at Bath, the cloister at Lichfield, the narvel of Stonehenge, the passage of Chelmsford, the ferry of Tilbury, the warren of Walton, the prairie of Waltham, the mills of Dunwich, the forest of Sherwood, the chase of Englewood, the forest of Windsor, the manor of Woodstock, the castle of Dover, and the marsh of Ramsey, are natural or artificial objects which made the localities famous. The courage of the Cinque Ports probably refers to the battle with Eustace the Monk in 1217, when these ports bore the brunt of the struggle, and made the cause of Louis of France hopeless. The inhabitants of these towns were merchants and artizans. London was, no doubt, from the earliest times wholly unlike any other English town, as well for its magnitude, its opulence, as for its singular political importance, for its military defences, and for the energy with which it strove to free itself from the overpowering influence of the magnates within its walls. But the essence of the medieval town was the formation of the guilds of merchants and craftsmen ; and if the town was large enough, of craftsmen who repre- sented each and every calling which was carried on in the locality. There was every motive for the creation of these guilds, for the establishment of rules for their private governance, for jealous supervision over those who had the privileges of these corporate bodies, and for care lest an unauthorized person should intrude on what was a valued right, which might be and was watched with suspicion and alarm by other forces in the state. 1. Within the limits of the corporation, the guild had the monopoly of manufacture or trade. Such a privilege was The Guilds. 107 entirely in accordance with the fundamental characteristic: of these societies which constituted the parish or manor of rural England. There were no strangers in the manor. It was an offence, punishable with fine, to harbour one. If a. tenement changed hands, it was generally to some other villager. For generations it was no easy matter to import a stranger; and when competitive rents began, this virtual exclusion of strangers checked for a long time the develop-- ment of such rents. In the same way, and from the same ancient feeling, centuries after the period on which I am. writing, the first law of parochial settlement, under which the peasant labourer was formally declared to be adscriptus. glebe, or a serf without land, who might be debarred from: seeking employment in any other place than that of his birth: or settlement, and dragged back to his native field of labour,. did not seem unnatural or unjust. It was not, therefore, remarkable that, apart from the obvious but secondary motive- of self-interest, the guild should number its members on the- lines of a register in the decenna, or tithing, and should put: effectual hindrances on the introduction of strangers. Mem-- bership in a guild was a birthright, an inheritance. 2, But it was also a great advantage. The members of the: guild had paid good money for their privileges in their- collective capacity. They had, as individuals, contributed to- the common stock, not, perhaps, always in fair proportion.. for the contribution in all likelihood, as in modern times,. pressed hardly on the poorer among the fraternity; but the- privilege was all the more valuable because it had been gained by solid sacrifices. They alone who were of the fraternity- had the right to manufacture and sell within the precinct.. They took care that this right should not become obsolete. They insisted, as one of the hindrances to the too free distribution of the privilege, that new-comers should undergo: a long period of servitude or apprenticeship. This custom, or innovation, which was rightly interpreted by Adam Smith,. required that a considerable time should elapse before the workman or trader should be able to set up for himself, his. services during the time of his apprenticeship being the: 108 Town Life. ‘property of his master. The object of the rule was to restruir -competition, and the restraint was further enforced by limiting the number of apprentices which the master could take. The ‘rules of trade were copied by the Inns of Court and the Universities, who enacted that no one should be free to ‘practise in a court or to lecture in the University till seven years had elapsed from his entrance to the initial privileges -of the order. In some corporations it was prescribed by -byelaws, which had the effect of public laws, that the apprentice -should work for a period after his probation had elapsed as a ‘journeyman to his employer. He wasa freeman to the guild, ‘but not in the trade. Hence the celebrated statute of +s Elizabeth was merely declaratory of custom, was in reality -only a re-enactment of 7 Hen. IV., with the fact that the “machinery for enforcing the law was applied. 3. The organization of the guilds bestowed that military -system on the London artizans, and similarly on the guilds of “other trading towns, which the circumstances of the time -seemed to demand. The London apprentices and train -bands were a force, not indeed considerable enough to with- ‘stand the charge of regular soldiers, as was proved at the -battle of Lewes, but as good as the militia, and for purposes -of defence entirely adequate on ordinary occasions. The wealth of London was great, and naturally provoked the angry -comment of Henry III, when, in 1248, his “ parliament” of nobles having refused to assist him in one of his recurrent ‘straits of poverty, and his foreign possessions being wasted, he sold his plate and jewels for what they would fetch, and found they were bought in London: “I know that if the ‘treasure of Imperial Rome was to be sold, that London -would take and buy it all. These London clowns, who call ‘themselves barons, are rich to loathing. The city is an dnexhaustible well.” And so he bethought himself of spoiling ‘the citizens, and the citizens to arm the companies, till at last they ranged themselves on De Montfort’s side in the civil ‘war, as they had nearly fifty years before taken part with Langton and the barons in the exaction of the Great Charter. During the many political dissensions of the middle ages The Power of London, 109 the side which London took was always in the end, and. generally at an early period, victorious. To pass over the uprisings in the reigns of John and Henry, they joined in deposing Edward II. and Richard II, They put away the House of Lancaster in 1461. When the rapacity of his. courtiers and the poverty of his exchequer led the guardians. of Edward VI. to despoil the guilds in the country towns, they were prudent enough to spare the possessions of the London guilds, which still exist, though with very different objects. from those for which they were first incorporated. The indignation of the robbed and ruined traders overset the calculations of Northumberland, extinguished the project of setting Jane Grey on the throne, though she had a parlia- mentary title, and affirmed the right of Mary Tudor. The adherence of London to the cause of Parliament during the long struggle which began with the book of rates, and was. concluded by the battle of Naseby, made the issue of the conflict manifest to all foresighted persons. And lastly, when Charles was bent on despotism, and discovered the best means by which to attain his ends, at least for a time, he employed legal chicanery to rob the citizens of their liberties, which he never could have destroyed by violence. The situation of the city was doubtlessly very strong. It was protected on the north by extensive marshes, on the south by the river and a lofty bank, on the west by other fortifications and the Fleet stream. But the strength of medizval London lay in the sturdy determination and military spirit of its citizens, For centuries it held the balance of power in England. 4. The guilds were the benefit societies in the middle ages. It does not follow that they were under a legal obligation to relieve their destitute members, as they are in those modern cities of Europe in which the guild system has continued to our own day, as at Munich. But it was a common practice for the wealthier members of a guild to give or devise sums of money to the guild, the proceeds of which were lent with- out interest to struggling members of the fraternity, adequate pledges or securities being exacted from the borrowers. Such gifts were frequently made to the University of Oxford in its X10 Lown Life. earlier days, the trustees being the University officials, and the money being deposited in chests or hutches in the Uni- versity church, where also the pledges were left. The college in Oxford which is now reputed the earliest, though its ‘incorporation was much later than that of Merton College, ‘began with the proceeds of such a hutch, limited to a certain ‘number of beneficiaries. These gifts are common in London and other cities, both to guilds and parishes, and constitute alarge part of their estates, purchases of real estate being made with the benefactions which belong to the companies and the parishes, often from nameless donors. Still more frequently the members of guilds devised lands, tenements, and moneys, the proceeds of which were to be charged first with the cost of religious offices for the repose of the dead, the residue being devoted to the common purposes of the guild. Sometimes the benefactor founded an almshouse for destitute or decayed members of the guild, their widows and orphans. Such almshouses, though unconnected with guilds, were founded near Canterbury by Lanfranc and Anselm in the reigns of the Conqueror and Rufus; by Henry de Blois, near Winchester, in the reign of Stephen; and by Stephen’s ‘wife, Matilda, in London. The condition that prayers should ‘be said for the deceased was the plea on which those guild lands were confiscated in 1547, though the court did not dissolve the London companies, and the colleges in Oxford and Cambridge were allowed to retain their chantries dis- charged of the trust. Besides these funds, there were fines on admission, payments for membership, and penalties for breaches of the corporation bye-laws. The accumulation must have been considerable at an early date, for in the fourteenth century two Cambridge guilds contributed from their funds to found a new college in the University. The origin of the trading companies, their revenues and their statutes, are almost exactly like those of academical colleges. 5. The guilds ‘had to be careful in the bestowal of their privileges. Residence for a year and a day in a corporate town precluded a lord from regaining his serf; and we have: seen that the lords, by exacting an annual fine on absentees Lts Markets—Medieval Londoners. LI! of base origin, were not remiss in claiming their rights. It might have been dangerous for the guilds to openly defy tthe feudal lords by making their fraternities an asylum for runaway serfs. We may conclude that not only selfish motives, but those of reasonable prudence would have made them cautious in welcoming strangers. Still they would not put up with an invasion of any right which was or seemed to them clear in the case of any enrolled member of their order. In 1381, Sir Simon Burley gave no slight stimulus to Tyler’s insurrection by imprisoning a Gravesend burgess on a plea of villeinage. It is not easy to see indeed how the suit against a runaway villein could be prosecuted, except he had~ taken refuge in a town. 6. London was a perpetual market. If goods were sold in ‘open market, it is an ancient custom that the owner of stolen property has no remedy against an innocent purchaser. Hence it was throughout the year what the great fairs were at stated intervals. The market for heavy goods, especially of foreign origin, was below the city walls on the river wharves. Within the city walls were great open spaces, now built over, no doubt because the tolls of these markets were the property of the city, of individuals, or of companies ; spaces like those which are still to be seen in Nottingham and Norwich, the last of which cities in the thirteenth century was only second to London, though at a great interval behind it. London, in fact, was a perpetual fair, the localities of whose trades are still discernible in the Cornhill, the Cheapside, the Poultry, the Leadenhall, or designated in literature,as Bucklersbury and Smithfield are. 7. Macaulay, in a well-known passage, has dwelt upon the intensity of feeling with which a Londoner looked upon his city and its privileges at the conclusion of the seventeenth century. The feeling must have been keener in the thirteenth and fourteenth, when it did not contain a population of over 40,000 persons, even before fire and plague had desolated it. The streets were narrow, and the upper stories, projecting from the timber frames, nearly touched each other. But in the rear of the houses were trim gardens, in which the citizen 112 Town Life. sat in the summer evenings. I have often noticed the charges to which corporations are put in repairing the fences and walls in the gardens of their London tenements. These gardens are now occupied by courts and lofty buildings, the value of which is estimated by the square foot, the rental of one such court being in nominal amount equal to the whole fee farm rent which London, in the middle ages, paid her Plantagenet kings. But London in these times was a rus tw urbe, as nearly all the walled towns in England were, the inhabitants of which were densely enough packed in the buildings which they occupied, but had open spaces in abundance within: the walls, and in the ward without, the western outskirt of the city. The attachment which the merchant princes of the seventeenth century felt for London was a feeble sentiment beside that which the “ barons” of the thirteenth entertained towards their home and their strong- hold. There was little opportunity for handsome houses, or for costly furniture, such as might be seen in the Italian cities, perhaps in Flanders and the free towns of the Rhine; the tale of domestic goods is scanty and mean, but the burghers. accumulated wealth, which they liked to expend, as the piety of the age dictated, in handsome churches, in splendid presents to the shrines of saints, and in the pomp of religious worship. Fitzstephen, a century before the time of which I write, is eloquent about the opulence of London, and how it constantly recovered after the disastrous fires with which it was frequently visited. The churchyard of the great cathedral might be in ordinary times the burial-ground of the whole city, as its vast aisles and nave were for the chief citizens, the ecclesiastics on its establishment, and some of the nobles; but there were numberless city churches and monasteries where space was ample for ail the burials of the inhabitants, There is an entry in one of the accounts of Cuxham which, with very little effort of the imagination, may give one a picture of those daily mercantile transactions of magnitude which were carried on in London. In the summer of 1331, the lords of Cuxham and Holywell determined to make an extensive pur- chase of the best millstones procurable for the purpose of sup- Traffic in London. 113 plying their mills at the village and at Oxford. These stones were formed probably from the chert which is found in the neighbourhood of Paris, or were perhaps quarried at Ander- nach on the Rhine, the two localities from which, it appears, the best foreign millstones were procured, and still are. At daybreak, therefore, the bailiff, who, like his father, was a serf of the manor, started on the road to London, some forty- five miles distant, over the Chiltern Hills, through Wycombe and Uxbridge to London, along one of the most beautiful highways in England. He arrives in London, with servants and horses, and takes up his lodging at one of the numerous inns in the city or in Southwark, and, according to the fashion of the time, goes out to purchase provisions for man and horse, . for the inn did not necessarily provide travellers with more than lodging and sleeping accommodation. Early next day he sets about the business on which he had come, inspects the warehouses on the wharf below the southern wall of the city, and finds the five stones which will suit his own and the Oxford mill. Having chosen them, he adjourns with the merchant to some tavern near, in which to discuss the terms - of his bargain. The chaffering was doubtlessly long and anxious. In so large an affair it was worth while to stint neither time nor money, and the bailiff debates the price over the exceptional and extensive order of five gallons of Bordeaux wine. The business, too, is worth the merchant’s while, for the order is also a considerable affair to him, since it is plain that the bailiff wants the best articles in the warehouse. At last the bargain is struck, the price first asked abated, the luck penny—“God’s silver”—is delivered. There are witnesses to the transaction, and the bailiff delivers his acknowledgment of debt. Next morning the bailiff returns to his farm and his duties, and communicates the terms of his purchase to his lords and employers. Shortly afterwards he makes a second journey to London, to pay for his mill- stones,—the five cost 415 16s. 8d,,—and to make a bargain for their carriage by water. Two days are spent in London on this business, and more potations, now cheaper, as he is dealing with sailors and wharfingers, are found necessary. At 8 114 Town Life. last they are set on board, a considerable sum being paid for shipping them. Dues are claimed for wharfage and murage, tolls for maintaining the bank and the city wall, and the bailiff rides back to his home on the fourth morning of the second visit. The vessel with its freight passes up the river, through the swans and salmon fisheries and the forest of Windsor, as it is emphatically called, which was still a mere hunting seat, though soon to be crowned with the palace which the young king erected on Wykeham’s designs. At Maidenhead the boat pays a second murage, perhaps because the jurisdiction of the city over the Thames extended as far as this. Then it passed along the horseshoe of the Thames till the boat rested at Henley, beyond which it is probable that the navigation of the river did not extend, at least insummer. Here the stones are bored for the use of the mills, and two are carried in hired carts to Cuxham. The Oxford servants looked after what was needed for their wants. On his road to and from London, Oldman. the bailiff, passed Tyburn brook, which had been employed a century before to - supply water for the growing necessities of London, a supply which sufficed till more than a century after the journey which I have described, when springs at Paddington were added, now, I believe, collected in the Serpentine. A few months before, Mortimer had been hanged at Tyburn, the place which was for many a century to be notorious in the annals of metropolitan crime. The downfall of the foolish, disreput- able Edward had not been followed by the reforms which the nation expected, the dignity of the English Crown demanded, and the interests of the English exchequer required. Mor- timer had been the queen’s paramour, and had made peace with the Scots, even selling the young king’s sister to the son of the detested Bruce. He had suffered the claims of the English monarch to be neglected in France. But this was over, since Mortimer’s righteous execution. It cannot, I think, be doubted, as we shall see when we come to deal with subsequent events, that political questions were discussed among the peasantry with great freedom and keenness. The mass of men had that interest in public affairs English Towns tn 1341. 115 which is bred by the possession of property and by the habits of self-government in the manor courts. In the days of Henry III., the Parliament was, as far as the record informs us, of prelates and nobles only, and it was to them that Henry appealed on the frequent occasions of his importunate mendi- cancy for aid. That the charge of this taxation, when a grant was made, was paid from the moneys of the nobles alone cannot be believed, unless, indeed, it were a scutage, But, at any rate, the commons are summoned in 1259, not only to assent to certain proceedings, but to undertake responsi- bilities ; and when the full Parliamentary system is adopted in Edward’s reign, we find that direct taxation of all householders is forthwith introduced. And as the possession of property and the habit of self-government predispose to political debate, so the incidence of direct taxation stimulates it, and I make no doubt that the domestic and foreign policy of the English sovereign, involving as it did a sensible contribution from the peasants’ hoard, in order that his crops, his stock, and his household goods should be ransomed, was discussed with eagerness, and opinion, sometimes adverse, sometimes danger- ous, was formed, which burst out occasionally with unexpected violence. In 1341, the first year in which I have been able to find any trustworthy evidence on which to infer as to the comparative opulence of the English counties and principal towns, the city of London, exclusive of the county of Middlesex, was rated at less than one fourth of the whole county of Norfolk, inclusive of Norwich, which was probably, for its size, the second city in the kingdom in point of wealth, and about as much as the counties of Berks, Cambridge, Devon, or Northampton. The assessment is more than ten times that of the “city of the county of York,” about seven-and-a-halftimesthat of Newcastle- on-Tyne, and about eight times that of Bristol, these being} the only municipalities which are severally assessed, and each’ being thus assessed for special reasons, for in each of them a considerable district in the neighbourhood was included in the city liberties, or put under the direction of the local authorities. The assessment of the county of Norfolk is far 116 Town Life. in excess, estimated ratably by the acreage, of that of any other county; the next to it, though at a considerable distance, being Oxfordshire and Middlesex, exclusive of London. The cause is the inclusion of the opulent city of Norwich within the assessment. In 1453, another assessment of an equally unsuspicious. character exists. In this, the next city to London is York; the rate of London being about seven-and-a-half times more than that of York. London is about nine-and-a-half times as. opulent as Norwich, the second city; twelve times more wealthy than Bristol, the third ; fifteen times more than Coventry, the fourth ; twenty-one-and-a-half times more than Newcastle; nearly twenty-three times more than Kingston-on-Hull; twenty- four-and-a-half times more than Lincoln; nearly twenty- eight times more than Southampton; and thirty-eight times more opulent than Nottingham, the lowest on the list. Some of these facts are to be accounted for, notably York and Coventry, by political and temporary causes. York was one of the headquarters of the Yorkist faction ; and Coventry, the special stronghold of the Lancastrians, had been latterly enriched and extended by Margaret. Fifty years later another and a similarly unsuspicious assessment can be found. In this seventeen cities and towns are separately valued. On this occasion, Bristol, which had been greatly enriched by the trade with Ireland and the North Sea, was the second city in the kingdom. London is assessed at only three-and-three-quarter times over Bristol ; but there had been a great conflagration in London in the same year. Next comes York, with nearly one-fourth the amount. London is about five-and-a-half times richer than Lincoln. The next is Gloucester, with less than a sixth of the London quota. But London is seven-and-a-half times richer than Norwich, the manufacturers of which were now migrating southwards and westwards. Shrewsbury has nearly the same assessment as Norwich. The assessment of Oxford is a little more than a ninth that of London. That of Salisbury and Coventry about a ninth; of Hull less than a tenth; of Canterbury a little more than a tenth; of South- Population of the Towns. 117 ampton a little more than a twelfth; of Nottingham about a seventeenth ; of Worcester and Southwark about a thirty- fourth ; and of Bath, the lowest, about a forty-seventh that of London. In 1377, the Parliament granted the king a poll-tax of fourpence a head on all lay persons over fourteen years of age, none but known beggars being exempted. Beneficed clergymen paid a shilling; and other ecclesiastics, except mendicant friars, paid fourpence. The number who paid the tax in each of the principal towns is preserved. If the number of those under sixteen is taken as one-third of the population, the estimate made a century ago, and one-third as therefore added to the amount, the population of London was 35,000; and next to it York, with near 11,000. Bristol had about 9,500, Coventry a little over 7,000, Norwich near 6,000, Lincoln about 5,000. No other English town had over §,000 inhabitants, In this record, the counties of Bedford, Surrey, Dorset, Middlesex, exclusive of London, Westmoreland, Rutland, Cornwall, Berkshire, Herts, Hunts, Bucks, and Lancashire, do not appear to have contained any town which was thought worthy of particular enumeration. It is to be expected that the relative opulence of London was greater per head of population than that of any other city, and the facts of the poll-tax square with such an estimate. The same rule will apply to towns like Norwich, which were conspicuous for their manufactures, and others, like Bristol, which had already become eminent for their commerce. There is no topic in political arithmetic on which persons who are inexperienced in the art of interpreting figures are more likely to be deceived than they are in the population of any given country, or any given city, when a direct! enumeration of the inhabitants is not at hand. Guesses have been made as to the populousness of English towns, and, indeed of England itself, during the middle ages, which would. be ludicrous, if they were not misleading and mischievous, because they suggest economical results which a more minute inquiry into the facts of the case will show to be impossible, 118 Town Life. Now to estimate the real progress which this country has made, it is expedient that we should attempt to arrive at precise information as to what was the product of English agriculture; for we may be pretty sure that no importation of food worth speaking of was regularly made into England till very recent times; that what was produced in the country was the measure of its possible population ; and that if an estimate is formed from vague surmises and still vaguet numbers, the inferences which are based on such estimates are sure to be delusive. The estimate given above, which adds one-third to the num. ber of persons liable to the tax in consideration of those who were under fourteen years of age, and raised to sixteen years in order to cover the probability that in the collection of the tax there were many evasions, may be taken exception to as too low an estimate of the untaxed population. It is true, that at present the number of persons under fifteen years of age, as compared with all above that age, is as nearly as possible in the proportion of 9 to 11, instead of 6°33 to 13°66. But it must be remembered that in the middle ages the risks of life from disease were far greater than they are at present, that medical skill was almost non-existent; that the conditions of life were eminently unwholesome; that the diet of the people, during fully one-half of the year, though abundant, was insalubrious; and that when human life is shortened by unfavourable circumstances, the mortality is far greater in the young than it is in those who, having escaped the perils of childhood, are, so to speak, selected and | hardened. Besides, there was a large part of the population which was, by ecclesiastical rule, obliged to celibacy and chastity ; and however much we may give ear to the gossip about monks and nuns, and the secret marriages or open concubinage of the secular clergy, public opinion and dis- cipline must have exercised a very considerable check on the contribution of the clergy to the population of the middle ages. I am therefore disposed to conclude that the calcu- lation made by Mr. Topham, in the seventh volume of the Archeologia, from whom I have borrowed the facts and the Population of England. 119 estimate of the English towns in the fourteenth century, is as correct as can well be imagined, and that it would not be probable if any other basis of addition than that of one-third were made in determining the population of the towns. When I published my first two volumes of the history of agriculture and prices, I was led to investigate the grounds on which estimates were made of the population of England in the thirteenth and fourteenth centuries, and to give the grounds on which I arrived at my own. My reasoning was nearly as follows :—“ There were generally as many people existing in this country as there have been, on an average, quarters of wheat to feed them with. The evidence supplied from the produce of arable land of average quantity gives about a quarter an acre. At present it is about from three to four quarters an acre; and this food is supplemented by other products which were unknown in the thirteenth century or for many centuries afterwards.” I concluded, that setting the amount of land which has been devoted to towns, roads, and pleasure-grounds, in modern times, against that which was not broken up or cultivated six centuries ago, the possible wheat-growing land of the thirteenth century was about three million acres, and that from this must be deducted—though I admit that by far the greatest breadth sown was wheat— about a sixth of the average wheat-land—much more of which could be given under modern rotation to other crops—which would lie in fallow. I therefore concluded that about two-and- a-half millions of population was the maximum that could be reckoned with any probability for England, and that it was possibly even less. The view which I took was challenged with some acerbity, chiefly on the strength of certain numeri- cal accounts given at the time or soon afterwards as to the loss of life in the great plague of the fourteenth century. After a brief controversy, I dropped the subject, for I know no time which is lost more thoroughly than that devoted to arguing on matters of fact with a disputant who has no facts, but only very strong convictions. I had a singular confirmation of my inferences on the 120 Town Life. subject in the actual enumeration of certain Kentish hun- dreds, nine in number, the facts of which I discovered in the Record Office. The document is undated, but is clearly of the time of Henry VIII., among the state papers of whose reign it was found. The hundreds are on the south-east side of Kent, and the enumeration, besides the population, contains an account, taken after the middle of the agricultural year, zé., about the beginning of April, of the stock of corn in the various hundreds. It may be observed here that there is no rye grown, the principal crops being wheat, barley, and oats. Kent at this time was one of the most thriving and populous parts of England, and these hundreds are in the richest agricultural district of the county. They contained no large town at that time, and contain none now. They are fair specimens of what was the wealthiest part of agricul- tural England in the later middle ages. Now the population of these hundreds in the first half of the sixteenth century (14,813) is almost exactly one-sixth of that at which it stood in 1861 (88,080). It will be seen that the population almost precisely corresponds to that which I stated, from an estimate of the rate of production, was the maximum population of England, and that this population was almost stationary for three centuries and a half. There is further evidence that the rate of production had not increased, and that, in fact, no improvement whatever had been made in the art of agriculture. These inferences are signally confirmed by the estimate which is made from the record of the poll tax in 1377. The forty-two towns, with the addition of one-third to the actual numbers paying the tax, contained a population of 168,720 persons. The rest of the population is 1,207,722, together making 1,376,442. Durham and Chester are reckoned at 51,083, a very large, perhaps excessive estimate, Wales with Monmouth, at 131,040. The two Counties Palatine were separately assessed, and the return is not included, and Wales with Monmouth is not assessed at all. This gives a total of 1,558,505. By adding a third for the children, and making a very liberal allowance for ecclesiastics and mendicants, no less Occupations in Colchester. 121 than 162,153, Mr. Topham concludes that the whole population of England and Wales, in the last year of Edward the Third’s reign, was two and a half millions. I cannot but think that three calculations, two of them being from matters of fact, could not be so exactly similar in their results and be merely fortuitous coincidences. The distribution of occupations in a town of some magni- tude, Colchester, estimated in 1377 to contain a population of 4.432, as it had a taxable number of 2,955, and is reckoned as tenth in the list, is curiously illustrated by the rolls of Parlia- ment of the years 1296 and 1305. The first is, I] imagine. imperfect, only 251 persons being specified in it, whil 391 are found in the second. If we take five persons to a family, and consider the last enumeration to be exhaustive, there must have been about 2,000 persons residing in Colchester and its vills in 1301, and the population must have doubled within three-quarters of a century. It is very possible that certain of the eastern towns made considerable progress, as during Edward’s wars an active agricultural trade, and no little purely commercial intercourse, took place between the eastern coun- ties on the one hand, and the Hanse and Flemish towns on the other. In the second list, there are 229 persons, whose calling is not specially designated. Besides these, there are twelve clergymen, ten persons of considerable substance, sixteen shoemakers, thirteen tanners, ten smiths, eight weavers, eight butchers, seven bakers, six fullers, six girdlers, five mariners, four mil ers, four tailors, three dyers, three fishermen, three carpenters, and three spicers or grocers. The following trades are also enumerated :—cooper, white leather seller, potter, parchr ent maker, furrier, cook, tiler, bowyer, barber, mustarder, wool- comber, lorimer, wood-turner, linen draper, wheelwright, glover, fuel dealer, old clothes dealer, sea-coal dealer, gla ier, brewer, ironmonger, and vintner. Two of the girdlers were also mercers, and one sold verdigris and quicksilver (for shee dressing). It will be noticed that the number of tanners is large, as also of shoemakers, The fact points to a local manu- facture and handicraft. Essex contained a large amount of 122 Town Life. forest, and especially oak forest, and the town was therefore well placed for a leather industry. The activity of the townsfolk was not confined to their special craft-or trade. In harvest time they poured out of the towns into the country. When the king dismisses his parliament in the middle ages, he sends the nobles to their sports, the commons to their harvest, and makes no distinction in his directions between knights of the shire and burgesses. So, we are told, the long vacation in the courts and the universities was extended from July to October, in order that such persons as followed the pursuits of law and letters might have ample leisure for the all-important work of the harvest. It is true that the aggregate of the town population was not of much account in the mass of the rural folk, and for the purposes of the harvest. But beyond doubt the land in the immediate neighbourhood of towns was better dressed and more heavily manured than that at a distance from any considerable centre of population, and the spare hands from the town were welcome to the larger proprietors. The chief port of England was London, as it was the centre, and, in a great degree, the controller of the govern- ment. It would seem, however, from the accounts which have been preserved as to the accommodation which the ports were able to supply to the Government on emergencies, that London did not possess the greatest number of vessels, In the enumeration of the contingents which each English port provided in 1346 towards the siege of Calais, the largest contribution to the south fleet was Fowey, with forty- seven vessels, each-manned with a little over sixteen men; and Yarmouth for the north, with forty-three ships, each with more than twenty-five men on an average. London sends twenty-five vessels, each with twenty-six men. The principal English ports, some few on the east coast, with Bristol on the west excepted, are in the south, for the southern contingent is more than double that of the northern, the former being the district south of the Thames and Severn. The principal southern ports are Dartmouth, Plymouth, Bristol, Sandwich, Winchelsea, Southampton, English Ports. 123: Weymouth, Looe, Shoreham, Dover, and Margate. Those of the north are Newcastle, Boston, Hull, Lynn, and Har- wich, in addition to those in each district which have been referred to above as supplying the largest number of vessels.. The total number of sailors in the employment of private individuals is 13,732, or at least that number with the ships. “7oo) were impressed, together with the vessels in which they. were employed and rated. Most of the southern ports were engaged in the French and Flemish trade. They may have: ventured to the coast of Spain, though as late as the middle of the sixteenth century it does not appear chat the English mercantile mariner passed the straits of Gibraltar. It was, however, especially with the coasting trade that the English: mariners were concerned ; and if we may trust the calumnies of their French enemies, they did not scruple to maintain. their supremacy in the narrow seas by acts of piracy, and by a total abstention from the duty of checking Mohammedan: corsairs, who had, even in early times, gained a detested notoriety. It is said that towards the close of the fourteenth century a Genoese merchant offered the government of- Richard IL. that if he were allowed to store his property in- the castle at Southampton he could make it the principal port of the Oriental produce which the Genoese used to despatch to the Flemish, Norman, and Breton marts, and that the London. merchants put an end to the plan by murdering the pro- jector. The story may be, probably is, merely monkish. gossip, but it shows what were reputed to be the capacities of Southampton, and the convenience which belonged to its. port. Bristol was the principal port for Ireland and the western, fisheries, especially for the salmon of the Severn, then and for a long time after the source of the best of this fish, We- learn also that it was a great mart for hides, derived probably from Wales and Ireland. But the number and importance: of these southern ports must be explained by the favourable: position in which they stood for the trade with France and: eastern Europe, and by the fact that, owing to the lightness. of their draught, the small craft which swarmed upon the- 124 Town Life. -coast found abundant shelter in the numerous creeks and rivers of southern England. Still, the northern, and especially the eastern, marine of England had a considerable mercantile trade for the time. ‘Newcastle from early times was the centre of the coasting -supply of coal. The central coal-fields of England, except those ‘in the valley of the Trent, were unknown. But early in the thirteenth century, sea-coal, probably as ballast, was carried as far south and west as Southampton. The vessels in which ‘they were conveyed were under forty tons burden, and the trade, on which a ratable toll was paid to the king, became so general and so important in the fifteenth century that frauds were practised on the revenue by returning the tonnage at ess than its actual amount. Many of the eastern ports, from Hull to Colchester, were ‘connected with the Flemish, Norwegian, and Baltic trade. ‘Lynn, as the list of towns quoted above informs us, was a considerable resort for merchants, especially during the time -of Stourbridge fair. Norwich is designated for its haven, -and barley and malt were largely exported from it. So was -also wool, notably from Hull. The small craft ran across ‘the German Ocean during the fine weather of the summer months, and traded extensively with the Continent. But the most important industry of the eastern ports was the fishing trade. Yarmouth was, as now, the chief centre of the herring fishery; Grimsby of cod, such at least as was ‘caught in the neighbourhood ; and Berwick of salmon. The :greatest enterprize was, however, shown by Scarborough. This little town coasted along Scotland to Aberdeen, from which they brought fish, the name of which, Haberdens, ‘implies the origin of the take, though it has long been a -puzzle, They went on to the Orkney and Shetland Islands, -and even to Iceland, where they gained great store. At last, ‘in the fifteenth century, the Bristol fisherman, fired by trade -emulation, and now acquainted with the mariner’s compass, ‘reached the same goal through the stormy Hebrides, and «competed successfully with their eastern rivals. English towns were generally commanded by castles. The The Castles. 125 most important of these were in the king’s hands, and were garrisoned by his captains and troops. Such were the castles, for example, of Oxford, Wallingford, and Windsor, which. commanded the most important points in the Thames valley. Of these the two first were supposed to have the highest strategic value. It is noteworthy, that when the articles of impeachment were drawn up against Suffolk in 1450, the fact that, while he held Wallingford castle nominally for the king,. he had garrisoned and victualled it really for himself, was emphatically insisted on as proof of his treasonable inten- tions and designs against the reigning family. But these castles, though frequently held by nobles as part of their private estate, were in reality licensed by the king; and it appears that, when the authority of the administration was unimpaired, it was held that the power which gave license to fortify a dwelling-house was competent to rescind the permission. I do not find, in searching through the records of medizval business, that complaint is made of rapine or wrong-doing, either by the king’s deputies or by the nobles who had those fortified habitations. The castle does not appear to have often been, even after the use of gunpowder became familiar, furnished with artillery, though it was and remained in the immediate possession of the Crown. The establishment of a private fort would, I conceive, be looked on with the gravest suspicion, and be conceived to be evidence of sinister designs. It is remarkable, too, after the general demolition of castles on the accession of Henry II., that medizval warfare in England was rarely characterized by sieges, though in the war between king and parliament the fortified house, doubt- lessly under royal license or command, is constantly assailed, defended, and captured, or successfully held. These castles were useful in maintaining the peace, as quarters for such soldiers as the king habitually kept under arms, and as residences for the sovereign and his court. Thus, on the Scotch and Welsh borders, they were important instruments for checking marauders ; and, as is well known, the line of fortified castles from Flint to Carnarvon was part of the 126 Town Life. ‘machinery by which Edward held the Principality in a firm grasp. But it does not appear that the castle was conceived to be a means for controlling the king’s subjects. The towns themselves were walled, and the castle was almost always outside the circle of the city wall and moat, ‘though connected with it by an outwork. It was the duty, too, of the citizens or townsfolk to keep their own walls in repair. The king could also make a requisition, it appears, on the vicinage of his castles, or on the inferior tenants, for ‘money or labour towards the repair of such castles, when -they were conceived to be part of the public defences. Some- ‘times charters were given, expressly relieving the tenants ‘from this liability. But the fortifications of the town were in the hands of the burghers, and we may be sure that the ‘Crown would encourage them in forming, as far as they -could, an equipoise .to a powerful or turbulent noble. I am persuaded, that had the possession of these fortified places ‘been abused, the dismantling of them, which became the necessary policy of the Parliamentary army, would have been anticipated centuries before. Though the king was entitled to demand the assistance of -his subjects, or at least of his tenants, towards the repair of ‘his castles, I do not find that the demand is made, or the expense of satisfying it recorded. There is, however, a good deal of evidence -still existing, through the thirteenth, four- teenth, and fifteenth centuries, of the charges to which the king’s personal revenue was put in maintaining these public defences. .It is probable that not a few towns in England rose under the walls, and on account of the protection of the castle. Many English towns, long since decayed, owed their origin to the development of some local industry. It is well known ‘that many ‘settlements, which afterwards grew into towns, were gifted subsequently with parliamentary representation, ‘though not with municipal institutions, in consequence of a ‘special manufacture carried on in them. -Such were several -of the Sussex.towns, where, .as late as the reign of Anne, iron -of high quality was manufactured. So, again, not a few of Decayed and New Towns. 127 the western towns became the seats of the cloth manufacture, though it has become extinct in them now. On the other hand, the most populous and busy districts of our day were the fens and moors, scantily peopled by a rude race. Lancashire was one of the poorest English ‘counties, as was also the West Riding of York. As late as the end of the seventeenth century, these two counties were nearly at the bottom of the list in opulence. Population was scanty in them, and wages low. The Mersey was still a ‘silent estuary ; the Irwell a mountain stream. There were. forges and cutlery works in Hallamshire, and Bradford was a cloth mart in early times. But the greater part of the ‘district, now so densely inhabited, which lies within the circuit of twenty miles from Leeds, was occupied by wild animals and lawless men, the latter hardly kept in order by swift justice. The maiden of Halifax is the type of a juris- ‘diction which had long been obsolete in the more settled parts of England. 128 CHAPTER V, THE DISTRIBUTION OF WEALTH AND TRADE, Source of the “ Distribution ” of Wealth—Comparative Wealth of English Counties —Norfolk and Oxfordshire the most Opulent—Poverty of the North and West—Present Condition of Agricultural Counties—Markets—English Roads in the Thirteenth Century—Carriage of Goods—The Common Carrier—The Scattered Character of Estates—English Inns—The Control of Markets—The Assize of Weights—The Assize of Bread—The Regulation of Labour Prices —Usury Laws, their Origin—Bankruptcy—Forestalling and Regrating—The Absence of Middle Men—Low Cost of Building—Bargains Universal—Fairs and their Origin—The Discipline of Fairs—Their Object and Place in the Middle Ages—Their Usefulness even to Recent Times—Stourbridge Fair— Its Magnitude and Importance—Routes by which Foreign Produce reached Europe—The Hanse Towns—The Spice Trade with India—Routes in the Thirteenth Century—The Discoveries of the Cape Passage and the New World—The Conquest of Egypt in the Sixteenth Century. CONOMISTS understand by the distribution of wealth that share which each of the factors in production is able to secure for himself out of the gross total of objects possessing value in exchange. I purpose to postpone this interesting subject to later chapters, as I have discussed the distribution of social privileges, in so far as it was relative to the occupancy of land, in an earlier chapter, and in the present to deal with the comparative opulence of different districts in England, with the locality of other than agricultural industry, with the relations of England to domestic and foreign trade, with the fair at home and the centres of commerce abroad, and with the machinery by which Eastern produce was carried to England and acquired by the consumer. I have already adverted to the relative position in which the principal cities and towns of England stood at different times in the various documents which supply us with evidence English Countzes. 129 on the subject. This comparison is instructive, because it indicates at once the amount of the population which could be spared, in the thirteenth and succeeding centuries, from the primary aim of all human industry,—the acquisition of food, and suggests, by a contrast between population and taxation, what were the opportunities of accumulation which particular towns possessed. In the fourteenth century, the urban stood to the rural population in the proportion of I to 12°34; and many of the towns enumerated are mere villages according to present ideas. The comparative wealth of the different English counties ‘s to be learnt from such assessments of taxation as have been referred to in the previous chapter. The boundaries of the counties have not been materially changed for centuries. There was no motive to alter these boundaries ; indeed, there was every motive to keep them strictly, for the administration of the district, and its liabilities to taxation, of whatever kind it were, would have been rendered uncertain had not the boundaries been defined. It is true that some counties, particularly northern Norfolk, eastern Kent, and the coast of Sussex, have lost by denudation, or perhaps by gradual subsidence. But it isnot likely that this incident has mate- rially altered them, and perhaps the loss has been compensated by accretion. Ihave therefore, in estimating the relative opulence of the several counties, taken the existing acreage, and have calculated a past burden, and the past means of bearing it on the present area. Including London, Middlesex is, of course, the most opulent of the English counties, though, even if London is excluded from it, the wealth of Middlesex is considerable. It would naturally, as being in proximity to the principal market of England, from which it could get its wants supplied at the cheapest rates, and in which it could sell its produce at the best price, possess advantages from which remoter districts would be excluded. Nor does it follow that because a com- parative decline in the relative opulence of London and Middlesex seems to take place, that the city and the home county had become poorer, If a fixed sum is to be raised by 9 130 The Distribution of Wealth and Trade. way of taxation, a town or district may seem worse off, when in reality its contingent is lessened by other towns and dis- tricts being better off. In the earliest valuation for taxation which I have been able to obtain and analyse, the opulence of Middlesex, without London, was equal to that of the second county. In later assessments it falls, under the same circum- stances, to the eighth or tenth place. In the earliest assessment, Norfolk, excluding Middlesex ‘with London, was the most opulent county in England. The explanation of the fact is that, in the thirteenth and the first half of the fourteenth centuries, it was for the time densely peopled, being the principal seat of the woollen manufacture, a considerable place for linen manufacture, and in close rela- tions with the Low Countries. It grew large quantities of barley, which was exported, either raw or malted, to Flanders. The cloth manufacture was carried on in many villages and small towns; the linen was principally woven at Aylsham. Even when the woollen manufacture spread to the west and north, Norfolk was still largely employed in this industry, and though it declined relatively, and, indeed, absolutely, after the second half of the fourteenth century, it remained till the sixteenth the second county for opulence in England. It is noteworthy that it was the head-quarters of Lollardy in the century pre- ceding the Reformation, and the most deeply imbued with the tenets of the Gospellers at and after the Reformation. The victims of those new opinions seem to have been more mumerous in Norfolk than in the whole of the rest of England during the persecutions of the fifteenth and sixteenth centuries. My reader may be perhaps surprised to hear that, in the earliest assessment, Oxfordshire was only a little behind Norfolk, and soon surpassed it, though it does not appear ito have had any local manufactures, and must have owed its wealth entirely to its agriculture. But an inspection of the county will explain the fact. It had only one or two incon- siderable forests, one not very extensive fen, and very little waste land. The county is generally flat, and watered by two important rivers and their affluents. The amount of natural pasture in this county is probably larger than in Wealth of the Countzes. 132 any other. The soil, except in the south-east, is exceptionally fertile, and adapted to heavy crops of wheat and beans. The character of the county, even in remote times, is indicated by the extreme paucity of roads. When land was of little value, even though the district was near the metropolis, as in Surrey, coads are very abundant, the gravel or stone lying near the surface, and a track being made without offence or hindrance. The next counties are Bedfordshire, Rutlandshire, and Berk- shire. In early times, Kent takes a higher place than it does later on. The soil of the first of these counties is not unlike that of Oxfordshire, though there is more chalk and gravel in Berks. Hunts, Cambridgeshire, Wilts, Northants, Lincoln- shire, and Gloucestershire form the next group. Then come Herts, Suffolk, Somerset, Warwickshire, Leicestershire, and Bucks; Somerset, if we include Bristol, and the East Riding of Yorkshire, if York be included init. A fifth division contains Dorset, Notts, and Hampshire. A sixth includes Surrey, Sussex, and Essex, to which may be added Worcester. The ratable value of the remaining counties and divisions of counties rapidly declines. The least unprosperous of them are Hereford, Stafford, Shropshire, Derby, Devon, and Corn- wall, but the opulence of the best off of these is not much more, acre for acre, than a fourth of the Oxfordshire rating, and of the poorest, little more than a sixth. The North and West Ridings of Yorkshire and Westmoreland come next. Far behind these come Lancashire, Northumberland, and Cumberland, though in the earliest assessment Northumber- land stood thirty-first in the assessment, while, later on, it is uniformly thirty-eight. At the same time Lancashire is the poorest English county. But in the assessments of 1375, 1453, and 1503, Cumberland is at the bottom. Cheshire and Durham were never valued, being taxed by a different machinery, and being unrepresented in Parliament. The extreme south-west, the northern counties, and the Welsh marches, were the poorest districts of medizeval England, while the east and those which lie within the Thames valley system were the most wealthy. Wilts, Northants, Gloucester, and Lincolnshire owe their position to other. causes. The first two in all the 132 The Distribution of Wealth and Trade. assessments are nearly stationary. The last two occupy a much higher position in the sixteenth than they do in the fourteenth century. The comparative poverty of the northern counties and the Welsh marches is, I make no doubt, to be ascribed to the unsettled condition of a district which was engaged in a con- stant struggle against the incursion of plunderers over the border. The princes of Wales had been extirpated, and the Principality could put no force in the field which could cope with an English army. But the spirit of independence was not dead, and the Welsh were troublesome neighbours. The prolonged revolt of Owen Glendower in the fifteenth century was, no doubt, preceded by frequentincursions of the Welshmen from the hills) And on the Scotch border there was incessant warfare, hardly lessened by the engagements which the Scottish kings made on behalf of their subjects. If we take the twenty English counties which are principally engaged with agriculture at the present time, we shall find, excluding Westmoreland, the poorest ; Cornwall, the assess- ment of which is double that of Westmoreland, Cumberland, and Dorset, that there is no material difference in the ratable value of the property, ranging as it does between 41 I5s. an acre, the valuation of Wilts and Rutland, and 42 8s., the valuation of Herts, which, by the way, is not unaffected by proximity to London. After Hertfordshire, the next highest is Cambridge, at £2 75.; Berks, at 42 5s. 6d.; and Oxford, at’ 42 4s. The progress of agriculture has done much towards eliminating such hindrances to the adequate cultivation of the’ soil as were present to the imperfect husbandry of a bygone age, and of rendering agriculture possible where pasture seemed to be often the only use which could be made of land. A range, however, of only 13s. an acre, to be accounted for in part by other than purely agricultural operations, indicates the direction which agricultural improvement has taken. Nor do I see any reason to doubt that, according to their lights, oat ancestors, six centuries ago, did not willingly neglect to cultivate that which their experience showed to be likely to return a fair compensation for their labour. English Roads. 133 The cultivation of England in the middle ages demanded the establishment of markets at which the villager could pur- chase what he needed for his calling, obtain the few necessaries which his domestic industry could not supply, and sell his own produce. In order that he might do all this the more con- veniently, it was necessary that he should be able to find sufficiently serviceable roads. It is a general impression, gathered, I suspect, from the scandalous condition of the English highways at about the middle of the eighteenth century, just before the General Turn- pike Act (1773) was passed, that at an earlier age the means of communication between places was difficult at all times of the year, and all but impossible at certain periods. This opinion, I am persuaded, is a mistake. The proof that com- munications were good in the time of which I am writing is partly to be explained by the rapidity with which journeys were effected, partly by evidence as to the cost of carrying goods over known or ascertainable distances. Many of the English roads were a survival of the Roman empire, in which the construction of highways was a military and political necessity. Great lines of road traversed Roman Britain from its principal colonies, London and York, to the other settlements. Roman villas are constantly discovered in secluded spots, but near those great roads, which ran in rigid lines. Now we are told that, among other ancient obligations, the maintenance of existing roads was one of the earliest and most lasting, They were from remote times under the authority and protection of the king,—were his high- ways. As new towns sprung up, like Oxford, Coventry, Reading, Abingdon, under the shadow of great monasteries, though probably the last two were always Saxon villages, roads were constructed from such towns to the main or ancient roads. Generally, however, the houses of the villages were grouped on either side of the old road, where such a road was in existence, or on the new road, when it was neces- sary to connect the settlement with the old system of com- munication. The roads of England are roughly exhibited in a fourteenth century map still preserved in the Bodleian 134 The Distribution of Wealth and Trade. Library, and are identical with many of the highways which we know familiarly. In time these highways fell out of repair, and were put, as I have said, in the last century under the Turn- pike Acts, when they were repaired. But comparatively little of the mileage of English roads is modern. What has been constructed has generally been some shorter and easier routes, for in the days of the stage coaches it was highly expedient to equalise the stages. I set no particular store by the evidence which may be found in plenty as to the rapidity with which journeys on horseback were effected during summer, The head of an Oxford or Cambridge College was able to travel to London in a single day in summer, and would take two days in winter. The journey from Oxford to Newcastle-on-Tyne, near which one of these colleges had two valuable estates, occupied six days, one other being a day of rest, five being occupied in reaching Thirsk. In the thirteenth century, the Earl of Gloucester takes three days in journeying from London to Leicester, and three from Melton Mowbray to London, fifteen days from Lincoln to Carnarvon, and seven from Shrewsbury to the Isle of Axholm. And to extend this record, the traveller bound to the court of Avignon in the winter, started on Monday, Jan. 23rd, and reached Dover by Satur- day, got to Paris on the following Saturday, and to Avignon by the end of a fortnight. The return journey occupied eighteen days from Avignon to Calais, and a week more from Calais to Oxford. In the journey of the Earl of Gloucester there were no doubt some wheeled carriages in attendance. The cost of carrying heavy goods by land is about a penny per ton per mile, whenever the journey backwards and forwards could be accomplished within a single day. If the carrier were employed over night, of course the charge was somewhat greater, as the traveller had to be lodged, though this was always at a cheap rate, for, as I have already stated, he purchased or carried with him his own provisions. The lowness of the charge, which continued till the great rise in prices in the sixteenth century, is, I have no doubt, to be ccounted for by the fact that the freeholders and tenants in ' The Common Carrver. 135 villages were numerous; that horse and cart, or oxen and cart, were part of the equipment of any holding beyond mere cottage farming, and that, therefore, plenty of the service was readily available. Even after the great rise in prices, land and water carriage, especially the former, were disproportionately cheap. We find this fact in the carriage of stone, bricks, and other building materials, in that of wood and charcoal and analogous kinds of fuel, and in the low price which is con- stantly paid for the conveyance of farm produce to market. The ultimate test is the rate paid for carriage by the common carrier. Here, however, it should be remembered that the carrier was by common law a bailee of the goods, and liable to the consignor for their safe delivery. Hence his charges involved a variable sum for insurance. When he conveys money his rate is high, as it also is, though in a less degree, when he conveys, as he sometimes does, personal baggage. Now an excellent test of the cost of carriage over known distances is the charge for conveying wine, for the distance is considerable at any inland town, and the carrier may, in some cases must, have passed several days and nights on the road. The article is bulky, packed with labour and difficulty, and is peculiarly liable to being pilfered. I find that it was conveyed in winter time at about 34d. per ton per mile for the double journey ; and I think that no article could be found of more difficult and laborious conveyance than a tun of wine (252 gallons) in bulk during winter, over the ancient road from Southampton to Oxford, with the loading from the wharf, and unloading at the place of destination. The very existence of a class of common carriers, who got their living by conveying the most valuable kinds of goods, and by regularly traversing the country from Southampton and Winchester to Oxford, from the midland counties to Stourbridge fair, near Cambridge, and even from Oxford to Newcastle-on-Tyne, is proof, not only that there was a demand for the carrier, but that the means of communi- cation were fairly good, and the principal roads, even in winter time, were kept in decent repair. Nor were the motives for such a practice, the adequate maintenance of 136 The Distribution of Wealth and Trade. highways, wanting. Estates even of wealthy noblemen were rarely in a ring fence, but were greatly scattered. Persons living at a considerable distance had often for that time important interests in the matter of rent charges on the estates of others, rent charges frequently paid in kind. This was especially the case with the monasteries. A religious house was in the first place endowed with an estate imme- diately adjacent to the site on which the conventual buildings were erected. In course of time, piety or fear endowed the monastery with scattered and outlying portions of an estate, a few strips in this communal field, a close and house in that parish, a mill and curtilage in another. As time went on, it became a custom to enrich monastic and collegiate founda- tions, and lastly, academic colleges, with the great tithes of valuable livings, for the impropriation of which the consent of king, bishop, and pope was necessary, or at least so convenient that prudent persons would not neglect the precaution. In Fitzherbert’s time, just before the dissolution of the monasteries, the Benedictine was everywhere looking after his rents, his produce, and his tithes, and the Cistercian after the woolpacks of the conventual sheep farms. The earliest foundation of Balliol College, in Oxford, was from the great tithes of a Yorkshire benefice. The fellows of Merton College took long journeys to Avignon and Northum- berland in order to procure the appropriation of the great tithes in a large parish on the Scotch border. And if we add to these the annual circuits of the authorities, three a year, one of which, that in autumn, was carried out in great detail, we can understand, in an age when cultivation by owners was universal, and the collection of dues, rents, and produce a matter of great interest, how important it was to have adequate and regular means of communication. In the more sparsely peopled and outlying districts it is probable that accommodation was afforded on long journeys by the monasteries, though I am sure that people, mistaking, as they constantly do, concurrent facts for causes, exaggerated the use of these conveniences after or at the Reformation,. and ascribed. to the Dissolution that rapid interruption of A Journey—Inns. 137 accommodation and the means of transit from place to place which certainly ensued on that event. But England from the very earliest times was a country full of inns. In the year 1332, the Warden of Merton, Robert Trenge, and two of the fellows, make a journey to Northumberland, for the purpose of inducing the bishop to acquiesce in the impropriation of a benefice to which the papal consent had been given the year before. They leave Oxford on Monday, Jan. 5th, and are absent for ten weeks, till March 16th. During the greater part of this time—indeed, the whole of the time, except when they are resident on their own manor—they stay for the night at inns, where they pay a small sum for lodging, and buy. provisions, beer, wine, fuel, light, for their own wants, with corn and hay for their horses. They feast the bishop’s commissioner for a week, and the parishioners for a Sunday ; and though the most costly articles of the feast are procured at Newcastle-on-Tyne, and even the better beer, the wine appears to have been purchased on the spot. I know no trade, indeed, which has clung longer to special localities than that of the innkeeper. Not a few of the Oxford inns can be traced back for centuries. The constant tradition was that an ancient inn frequented by Shakspeare stood in one street, from which it was removed only a few years ago to make room for the newer buildings of a neighbouring inn. Another, opposite St. Mary Magdalene Church, which I have been able to trace to the fifteenth century under the same sign, was removed only twenty years ago. One great Oxford inn, near the Four Ways, was in existence as the principal hostel for five centuries, under the name of the Fleur-de- Lys, and the names of many others bear evidence of a remote antiquity. Indeed, the signs of inns are constant proof of the period in collateral history when the site was dedicated to a hostel. The Tumble Down Dick and the Royal Oak are specimens of the manner in which partisans, contemptuous or loyal, ridiculed Richard Cromwell and welcomed back the Stuarts, as the Boulogne Gate and the Boulogne Mouth refer to the expedition of Henry in 1544, the Blue Boar to the short-lived reign of Richard III. The 138 The Distribution of Wealth and Trade. sign was not, indeed, confined to the inn. It was the advertise. ment to all shops; not, I believe, for the reason which has been absurdly guessed, that the arts of reading and writing were comparatively unknown, but because the eye could be caught and informed as to the kind of goods which were to be found in the low dark shop. There is certainly no country where elementary teaching is more general than in the eastern cities of the American Union, there is none in which the goods in shop or store are more openly displayed, and there is certainly none in which the use of signs designed. to attract the eye is more general. The establishment and control of the town market was the most universal and the most valued of municipal privileges. The market in London was perpetual, and the market spaces were the property of the Corporation. In Norwich, which was said to have received its first charter from Stephen in 1147, there were many markets in the square where the Guildhall is built, and, indeed, elsewhere, the tolls of which were regularly collected under separate schedules, and formed part of the corporate income of the city. The same was the case in Oxford, where there was a conflict of jurisdiction between the University and the city, which ultimately ended in a compromise, under which the discipline of the provision market was conferred on academical officials, and the tolls were divided between the two corporations. The two days of the Oxford market, Wednesday and Saturday, can be traced back to the thirteenth century. The control of the market was undertaken for a treble purpose,—to prevent frauds, to regulate the cost of manu- facturing products, and to ensure what was believed to be a natural price. The assize of weights and measures, that of bread and beer, and the enactments directed against fore- stalling and regrating, are examples of the mode in which our forefathers exercised the police of the market. The first, which has, without objection, remained to our own day, is a statute so early that its date is lost. The repression of false weights and measures was part of the police of every manor, village, or town. The ale-seller and miller, the two perma- The Police of the Market. 139: nent traders or craftsmen of the village, were constantly under the control of the court leet,.and were frequently presented for frauds. An attempt was made to guarantee: the quality of the drink served, as well as to regulate its just quantity, by giving authority to two officers of the manor,. called ale-tasters, to certify to the character of the ale which was to be sold. Their function was to prevent adulteration.. So there was a corporation in Norwich whose business it was. to see that woollen goods were up to quality, measure, and weight, and to amerce offenders. It was generally part of the- business of a London company, in consideration of the privi-- leges bestowed on it, to see that the public was not defrauded: by dishonest craftsmen and traders. A survival or two of- this universal duty is to be found in the Hall marking of the Goldsmiths’ Company, and the control which the Fishmongers-- are supposed to exercise over the supplies of Billingsgate. We leave manufacturers to charge what they please for the process of transforming raw material into consumable articles, with the conviction that competition will be a greater check: to excessive rates than market regulations could be. But in: the middle ages such a notion would have been repudiated,. and justly so. Even now it is doubtful whether competition is of universal efficacy, and whether it is not more correct to: say that where combination is possible, competition is in-- operative. Hence we subject some callings to regulated prices, and it may be doubted whether the progress of opinion will not hereafter enlarge the area of regulated prices. Stilk. the inclination of people is as yet to let prices find their level by competition in every case where distinct proof is not given that such a concession would be unsafe or unfair. In the middle ages, to regulate prices was thought to be the only safe course whenever what was sold was a necessary of life, . or anecessary agent inindustry. Hence our forefathers fixed the prices of provisions, and tried to fix the price of labour- and money. We have seen that the early history of municipal institu- tions was identified and associated with the principles of. self-government and a regulated monopcly. The munici-- 140 The Distribution of Wealth and Trade. ypality was permitted to frame bye-laws for its own conduct, -such bye-laws to be not adverse to the general well-being, and ‘the guilds were similarly allowed to limit, on definite and well winderstood conditions, entrance into and a share in the business which was to be done. A mediaeval guild, in short, was not unlike the regulated company of the seventeenth century, into which admission was allowed on the payment -of a fine, and the individual so admitted was left to carry -on his calling as his means, his abilities, and his reputation gave him opportunities. Where that which he produced and -sold was a matter of optional use, the custom of the middle ages gave him the discretion of bargaining and exacting -such a price as the needs of the purchaser might fix, though it is probable that the guild would look suspiciously on under-selling, as it did on buying over the heads of other ‘members, But no police of the middle ages would allowa \producer of the necessaries of life to fix his charges by the needs of the individual, or, in economical language, to allow ‘supplies to be absolutely interpreted by demand. The law did not fix the price of the raw material, wheat or barley. ‘It allowed this to be determined by scarcity or plenty ; inter- preted, not by thc individual's needs, but by the range of the ‘whole market. But it fixed the value of the labour which must be expended on wheat and barley in order to make ‘them into bread and ale. Not to do this would have been ‘to the mind of the thirteenth century, and for manya century afterwards, to surrender the price of food to a combination of bakers and brewers, or to allow a rapacious dealer to starve ‘the public. It was thought that whenever the value, or part of the value, of a necessary commodity was wholly deter- minable by human agencies, it was possible to appraise these -agencies, and that it was just and necessary to do so. That we have tacitly relinquished the practice of our forefathers is, I repeat, the result of the experience that competition is sufficient for the protection of the consumer. But I am «disposed to believe that, if a contrary experience were to tbecome sensible, we should discredit our present practice, and srevive, it may be, the past, at least in some directions. Csury Laws. I4¥ The history of usury laws is curiously illustrative of the .manner in which society interprets contracts. I think I am right in saying that, without exception, in the infancy of social organization, contracts, even involving the severest consequences, were enforced with rigour. The Athenian and Roman law of debt, and the stringency with which principal and interest were exacted by the law, are well known. It is said that much of the slavery which.prevailed in early English history was the punishment for unfulfilled contracts, the compensation for debts that could not be paid. The earliest mercantile law of England permitted the borrower to pledge his land, and to render his person liable for unpaid debts. It was felt, I do not assert that it was said, that when men discovered that trade and commerce made credit a necessity, stringent penalties were necessary in order to educate people into the habit of not making default in contracts. The acknowledgment that a debt is a binding obligation, and the cultivation of commercial integrity, are, I believe, two of the most difficult and important lessons which civilized society teaches, and are far more difficult to learn than the control of passion and deference to custom. In course of time it is found that the rigid interpretation of contracts for loans of money may lead to outrageous oppression, to the slavery of many de- faulters, and to grave social perils. We know that in Athens. and Rome the inconvenience led from discontent to revolution, and that usury laws were enacted. Now it is easy to say and prove that, in a later stage of society, usury pretends to assist the debtor, and in reality makes the loan more onerous, because it compels the lender to exact a further price for his. risk, or to compensate him for breaking the law. Our fore- fathers saw that there were some loans to which, from their point of view, the usury laws should not apply; for loans om bottomry were always exempt from these enactments, and the equity of redemption was always implied in mortgages. No doubt the remedy is to be found in the equitable nterpretation of contracts. It is one thing to forbid a con- tract, except under certain conditions, another to see whether the situation under which one of the parties to a contract xiq2 The Distribution of Wealth and Trade. “has made it, has not been abused by the other party. The English law relieves the borrower on the expectancy of the reversion to a settled estate against usurious bargains; and ‘it might very possibly extend its power of interpreting contracts equitably to other bargains. The legislature has recently decided to interpret contracts for the use of agricul- -tural land on equitable principles, partly on the plea of the public food, partly on the ground that the occupier is in a ‘position of disadvantage, and therefore is disabled from ‘making a perfect contract. But the principal difficulty in ‘the equitable interpretation of contracts is to find a competent arbitrator. The Irish landlords accuse the Land Commissioners, . sunder the Act of 1881, of scandalous favouritism towards the ‘tenants; and the advocates of the Irish tenants accuse the same persons of scandalous favouritism towards the landlords, Arbitrators on disputed questions are pretty certain to be criticised adversely by those whose interests are contrariant. Jt may be the case that the usury of the Jewish, or Greek, or Armenian money lenders in Eastern Europe, in Egypt, in iIndia, in countries where the law gives unlimited protection ‘to lenders, is producing discontent and violence, or is threat- ‘ening social revolution. But if the persons could be found ‘who could adjudicate between borrowers and lenders on equitable grounds, it might be expedient to make use of such agencies, even at the risk of being charged with the virtual ‘revival of the usury laws, In this country we have, though in a clumsy and indirect way, and of late years to the serious injury of commercial morality, given effect to what is a usury law, or perhaps an equitable interpretation of contracts, by our bankruptcy -system. A law of bankruptcy, even in the more stringent ‘form in which it has latterly been re-enacted, differs economi- -cally from a usury law, in the fact that the latter extinguishes a portion of the interest, the former a portion of the principal. Every person who buys on credit gives a price for the credit, whether he borrows money or goods, and it makes no dif- ‘ference to the economical position of credit as a factor in’ trade, and to the rate at which credit is accorded, if the law Market Regulations. 143 intervenes to cut off a portion of the creditor’s interest, or to call upon him to give his debtor a quittance on the payment of part of his principal. The evils which Bentham alleged to be the ‘consequent of the usury laws are equally consequent on the bankruptcy law, which relieves a debtor of his liabilities. It is true that usury laws may put a heavier burden on perfectly solvent borrowers than they would have to bear in the absence of such laws ; but the burden is exceptional and temporary, and does not differ from an exalted price due to temporary Scarcity or exceptional demand ; but a bankruptcy law must require, however severely it is administered, that all losses in trade must be paid either in the enhanced profits of dealers ‘or in enhanced prices to consumers, the latter being in effect the same process as the former. But this is what the opponents of the usury laws have always alleged to be the inevitable effects of such legislation. Our forefathers in their market regulations were always anxious to ensure what I may call natural cheapness. They ‘did not, as I have said, except in some commodities,—money, labour, and certain labour processes,—attempt to fix the price -ofarticles the plenty or scarcity of which depended on theabund- ance or the dearth of the seasons, for the assize of bread and ale contemplated the extremes of either cheapness or dearness. But they strove to prevent the artificial enhancement of price. Hence the offences of forestalling, that is, the purchase of corn -on the road to the market, and of regrating, zz., the resale of corn in the same market at an increased price. The first offence was probably a double one; it lessened the dues of the market, as well as seeming to curtail supply. The second was thought to be an offence against the consumer. The criticism of these obsolete statutes and, as they have been