❧ The renewing of certain Orders devised by the special commandment of the Queen's Majesty, for the relief and stay of the present dearth of Grain within the Realm: in the year of our Lord 1586. Now to be again executed this present year 1594. upon like occasions as were seen the former year. With an addition of some other particular orders for Reformation of the great abuses in Alehouses and such like. Imprinted at London by the Deputies of Christopher Barker, Printer to the Queen's most excellent Majesty. 1594. HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT The renewing of certain Orders devised by the special commandment of the Queen's Majesty, for the relief and stay of the present dearth of Grain within the Realm. THat the Sheriff and justices of the Peace shall immediately upon the receipt of these orders, That the justices shall divide themselves into sundry parts to execute these orders. assemble themselves together with as much speed as they possible may: And having conferred amongst themselves upon the contents hereof, shall first for the better execution of the same, divide themselves into sundry companies, and take amongst them into their charge by several divisions all the Hundreds, Rapes, or Wapentakes of the said County. Item, every company so allotted out, To appoint sundry juries to inquire of things hereafter following. shall forthwith direct their Precepts unto the Sheriff to warn the high Constables, under Constables, and other the most honest and substantial inhabitants within the same Hundred, Rape, or Wapentake, to the number of xxxvi. persons, more or fewer, as the quantity of the Hundred, Rape, or Wapentake shall require, to appear before them at a certain place, and within as short time after the receipt hereof as they conveniently may, & upon the appearance of the said persons, they shall divide them into so many juries, as they shall think meet, giving instruction to the said Sheriff to return as few of such as be known great farmers for Corn, or that have store of grain to sell, as he can. And such of the persons so warned as shall not appear, but make default being summoned, and not having any just or reasonable excuse allowable by the justices, to be punished therefore at the good discretions of the justices, both by Imprisonment and Fine, before whom they are to appear. Item, they shall first declare to the parties appearing, the cause why they are sent for, and therewith earnestly charge them in the fear of God, to apply themselves to the service whereunto they shall be now called, with all dutifulness and diligence, and without any partiality to any person, and then they shall give them the oath following. The juries Oath. The Oath of the jurors, with charge to inquire what number of persons be in the houses of them that have store of Coin. YOu shall swear etc. that you shall inquire, and make true and due search and trial, what number of persons every householder that hath Corn in their Barns, Stacks or other where, as well justices of the Peace as others whatsoever, within the Parish of _____ have in their houses feeding, lying, and uprising, or otherwise to be fed: what number of Acres they have certainly to be sown this year with any manner of Grain: what bargains they have made with any person for any kind of Grain to be sold, by, or to them: to whom and by whom, and upon what prices they have made the same, and what quantity of any manner of Grain, they, or any other have in their Barns, Grainers, Loftes, Cellors, or floors, or otherwise to be delivered unto them upon any Bargain. Item, what number of Badgers, Kidders, For Badgers, Broggers, and carriers of Corne. Broggers or Carriers of Corn inhabit within the said Parish, and whither they do use to carry their Corn which they do buy, & where they do usually buy the same, and what their names be, and how long they have used that trade, and by whose Licence, and to see the same Licences of what tenor they are of. Item, what number of Malt makers, Malt makers, Bakers, and Brewers. Bakers, common Brewers or Ciplers dwell within the said Parish, and who they are by name, and how long they have used that trade, and how much they bake or brew in the week, and what other trade they have whereby otherwise to live. Item, Buyers of Corn to sell again. who within the said Parish be the great buyers of Corn, or do use to buy, or have bought any Corn or Grain to sell again, or have sold it again since Midsummer last. Item, Buyers of Corn upon the ground. who within the same Parish buyeth or have bought or sold any Grain upon the ground, of whom, and to whom hath the same been bought or sold, and at what price, and to certify unto us of the Premises, and of every part thereof, on the _____ day of _____ now next coming: And to every part of these Articles you shall bring answer from point to point. Against such as shall refuse, to declare the truth of the matters inquirable. And if any shall refuse to declare the truth, of, or, concerning the premises, or of any part thereof, to any the jurours aforesaid, requiring the same for their better information: the jurours shall be informed that such person upon the information of the said jurour, shall be convented before the justices of the Peace of the said Division, or any two of them, and sharply rebuked, or if need be, punished for his contempt. And if the party so called in question, shall not declare the full truth thereof to the said justices, he shall be committed by the said justices to the common gail as a person bound for his good behaviour, and so to be continued without Bail, until he shall conform himself therein, or otherwise at the discretions of the said justices, he shall be bound in a good sum of money to make appearance before the Lords of her majesties privy Counsel to answer unto his contempt in that behalf, Parties offending to appear before the Counsel. for further punishment and fine, for ensample of all such disobedient persons. A consideration of all persons that have Corn, to determine how they shall serve the markets with such portions as they may spare. That the said justices of the Peace having received into their hands the verdict of the said juries answering to every point of their charge, shall call at certain days by them to be assigned, such persons before them of every Parish, as upon the presentment so made shall appear to have Corn to spare, and upon due consideration of the number of persons, which every person hath in his house, according to their qualities, and of the quantity of Grain, that the party hath toward the finding of the same, or otherwise to be spent in his house and sowing of his grounds, allowing to every Householder for his expenses in his house, for every person thereof according to their quality, sufficient Corn for bread and drink between this and the next Harvest, and for their seed after the rate of the sowing of that Country upon an Acre. And then they shall bind all such as shall appear to have more of any kind of Grain, then shall serve to the uses above mentioned, aswell justices of the Peace as others, by recognisance, in some good reasonable some of money, to observe the orders ensuing, viz. ¶ Ye do knowledge yourself to owe unto our Sovereign Lady the Queen's Majesty, The form of the recognisance to be freely taken. etc. the sum of etc. THe condition thereof shallbe, that if ye shall well and truly without fraud, covin, or collusion, and without any manner deceit or craft fulfil, observe and keep, all and every such orders, appointments and directions, as shall at this present Bee by us on her majesties behalf prescribed and enjoined unto you to be by you done and fulfilled: Then this recognisance to be void, or else to stand in force. The orders to be observed, are these, viz. Orders to be observed by such as shall be appointed to serve the Markets with Corn for the relief of the poor people first. YOU shall bring, or cause to be brought weekly so many quarters or bushels of corn, as Wheat, Rye, Barley, Malt, Peazon, beans, or other Grain, or so much thereof as shall not be directly sold to the poor Artificers or day Labourers of the Parish within which you dwell, by order of the justices of the Peace of the Division within which you dwell, or two of them to the Market of _____ there to be by you, or at your assignment sold unto the Queen's subjects in open Market by half Quarters, two Bushels, one Bushel or less, as the buyer shall require of you, and not in greater quantity, except it be to a Badger or Carrier of Corn admitted according to the statute, To whom Corn shall be sold after that the poor are served. or to a common known Brewer or Baker, having testimony under the hand and seal of such two justices of the Peace at the least of the division, or of a Mayor or other head Officer of the City, Town, or Borough corporate where he dwelleth, that he is common Brewer or Baker within the same: or to such other person as shall make provision for any Lord Spiritual or Temporal, Knight, or any other Gentleman that hath no provision of Corn, so as the same person have and show unto such person as shall have the oversight of the Market in that behalf, testimony under the hand and seal of the party for whom he cometh to the Market to make that provision, declaring that it is for the provision of his house, and containing the quantities and kind of Grain to be provided: And you shall not willingly leave any part of your Corn so brought to that Market unsolde, if money be offered to you for the same, by any that are permitted to buy the same, after the usual price of the Market there that day, as long as the Market shall last. Neither shall you from the beginning of the Market, to the full end thereof, No Corn brought to the Market unsolde, to be carried out of the town. keep or cause to be kept any of your said Corn out of the open sight of the Market: neither shall you carry away from the Market Town any kind of Grain that was brought thither which you have not there sold, but shall leave the same there in the Market Town in some place known, so as it may be brought into the open Market the next Market day at the first opening of the Market, there to be sold as afore was limited. And yet nevertheless, you shall bring to the Market such other quantity of Grain as shall be limited, and so continue at every Market day the bringing into the open Market, the quantity of Corn that shall be limited. Also you shall not buy any manner of such Grain as we shall appoint you to sell, None to buy such kind of Corn as they shall bring to sell, but by warrant upon reasonable cause. from this day forwards, but upon very especial and necessary cause to be allowed by us, until such time as all and every such manner Grains as we at this time shall appoint you to sell, be according to our appointment and order by you sold. And if you shall not sow so much this year as the jury hath presented that ye intent to sow, or if you now have, or shall have knowledge, or shall guess hereafter at any time, either by threshing of the Mowe or Shocks or otherwise, that ye have more store of any manner of Grain, than the jury hath presented unto us: that then ye shall forth with upon such knowledge thereof had, make true relation thereof unto us, or unto two of us both what portion of your seed Corn shallbe left unsowen, o● what further quantity you shall perceive you have, than was at the first presented. That so soon as you perceive you spend not after the rate of so much Corn as we have limited unto you for the finding of your house, ye shall make true report unto us or two of us, how much less ye spend. No corn to be bought for to sell again. Ye shall buy no Corn to sell it again, neither shall you by any colour directly or indirectly, appoint any your servants, or any other person to be a Badger of your Corn, other then to carry your Corn to the Market there to be sold as your own, without changing of any property. No Corn to be bought but in open Market. Ye shall neither buy nor sell any manner of corn, but in the open Market, unless the same be to some poor handicrafts men, or day labourers within the Parish wherein you do dwell, that cannot conveniently come to the market Towns, by reason of distance of place, according to such direction as shallbe given unto you in that behalf by us the justices of the Peace of that Division, within which you do dwell, or two of us, and to none of these above one bushel at a time, and thereof you shall keep or cause to be kept a particular note in writing to whom you shall so sell weekly, and at what prices, so as the same may appear to the justices to be done without fraud or abuse. That the justices of the Peace within their several Divisions have special regard that Engrossers of Corn be carefully seen unto, Inquirie to be made against Engrossers. and inquisitions to be made for knowledge of them, so as they may be severely punished according to the law: And where such are found, to make Certificates of their names and dwellings, and of the proofs to the Queen's majesties Attorney general for the time being, who is directed speedily to inform against them for the same, and to see that none be permitted to buy any Corn to sell again, but by special licence, and that of all manner of licences by justices of the Peace or by any other authority, the parties that shall have such licences, shall cause an entry to be made in the books of the Peace remaining with the Custos Rotulorum, or the Clerk of the Peace, An order for all licences from the justices of the Peace, to be kept in a record. for entry whereof the party shall not pay above two pence, and thereof the Custos Rotulorum, or the Clerk shall keep a good Register to be showed to the justices, whensoever they shall require the sight thereof. That they take order with the common Bakers for the baking of Rye, Barley, Pease, Regard to the Bakers for keeping of the size of bread. and Beans for the use of the poor, and that they appoint special and fit persons diligently to see the people well dealt withal by the common Bakers and Brewers in all Towns and places in their Weights and Assizes, having also regard, that the Deputies of the Clerk of the Market do not abuse themselves in unlawful exactions for Weight and Measure, and effectually to inquire for and search out the default therein, and thereupon to give order for punishment of the offendor severely, Bread faulty in any excess to be sold towards the relief of the poor. according to the Law: and where any notable excessive offence shallbe in the Bakers, to cause the bread to be sold to the poorer sort under the ordinary prices, as in part of punishment of the Baker. No Badger to buy Corn but in open Market, and with sufficient licence in writing. That no Badgers of corn, Bakers or Brewers buy any Grain, or commune or bargain for the same, but in the time of open Markets, and that but by Licence under the hands of the justices of the Division where they do dwell, or three of them, and that they weekly bring their Licence with them to the Market where they do either buy or sell, or else not to be suffered to buy any: And that the Licence contain how much Grain, of what kind, & for what place they are licensed to buy and carry, that there be set down upon the Licence in writing, the day, place, quantity, and price at which the Corn is bought, that they take but measurably for the carriage, baking, and brewing thereof, that they show their books weekly to such as the justices of the Division wherein they dwell, The Badgers to show weekly their books of buying. shall appoint for that purpose being no Bakers or Badgers of Corn, and that those within every xiiii. days make report to the justices of the Division wherein they dwell, how the people are dealt withal by the Badgers, Bakers, and Brewers, and that such as have sufficient to live on, or that are known to be of any common evil behaviur, be not permitted to be Badgers of Corn, of which sort commonly the report is that there are too many, and therefore the same would be remedied and foreseen: Also that no Badgers be permitted but such as the Statute doth limit, No justices servant to be a Badger, nor none other, but such as shall be licenced in open Sessions. and that no servant of any be licensed to be a Badger, except six of the justices at the least shall in open Sessions for some necessary cause allow any such, and that none at all be allowed a Badger, except he be allowed in open sessions, & not to be, as it is in many places, abused for gain of the Clerk of the Peace, or a justices Clerk granted without allowance of the rest of the justices in their open Sessions. No Badger, Baker, Brewer, or purveyor to buy Grain, until an hour after the full Market begin. And furthermore, that none be permitted to buy or provide Corn in the Market in gross, as a Badger or Baker, Brewer, or purveyor and such like, upon pain of imprisonment, until one hour or more after the full Market be begun, that the poor may be first served. That the said justices, or two, Some justices to be present in the Market, to see the poor relieved upon reasonable prices. or one of them at the least in every Division, shall be personally present at every market within their several Divisions, during the whole time of the Market, to see the orders to be taken by the authority hereof to be well observed, and the poor people provided of necessary Corn, and that with as much favour in the prices, as by their earnest persuasion of the justices can be obtained. By this it is not meant to charge any Lord of Parliament being a justice of Peace, to attend upon any such service in any Market, otherwise than it shall be with his own good will: but in all other causes tending to the execution of these orders, it is hoped that every person of any estate, will readily give advise and assistance. Where justices are wanting in any Hundred, for to appoint some rich persons to supply the want. If there shall be any Hundred, Rape, or Wapentake within the said County, within the which or near thereunto no sufficient number of the said justices of the Peace do dwell or inhabit, the said Sheriff and four justices of the Peace of that County, shall in that case appoint some other honest Gentleman, or the high Constables under Constables, or such other, grave, honest, and substantial persons, not being Corn masters, dwelling within the said Hundred, Rape or Wapentake, as they shall by their discretions think convenient, to have the charge, doing the execution of these orders there: whom they shall also instruct how to execute the same diligently and uprightly. That ministers and preachers exhort the richer sort to be liberal to help the poor with money or victual needful. That all good means and persuasions be used by the justices in their several divisions, and by admonitions and exhortations in Sermons in the Churches, by the Preachers and Ministers of the Word, that the poor may be served of Corn at convenient and charitable prices. And to the furtherance thereof, that the richer sort be earnestly moved by Christian charity, to cause their Grain to be sold under the common prices of the Market to the poorer sort: A deed of mercy, that will doubtless be rewarded of Almighty God. That there be no buying or bargeining of any kind of Corn but in open Market, and that the justices in their several Divisions, restrain common Maulsters of making Barley Malt, To make Malt of oats in countries where there hath been use thereof. in those countries and places where there be Oats sufficient to make Malt of for the use of the people, and to restrain as well the brewing of Barley Malt, by or for Alehouses or common tipplers in those Countries and places, as also the excess use of any kind of Malt, by all common Brewers, Maulsters, and common tipplers, according to the true meaning of this Article: And that the unnecessary number of Alehouses and common tipplers be forth with suppressed in all places, and that direction be given to all Tippling houses, Taverns and Alehouses, not to suffer any persons to repair thither to eat and drink at unseasonable times, or to continue in such houses longer, then to satisfy their necessity of eating and drinking. That the justices use all other good means possible that are not mentioned in these orders, No waist of bread corn superfluously, nor any expense thereof but for seeding of people. that the Markets may be well served, and the poor relieved in their provisions during this time of dearth. And that no expense of any Grain meet for bread to feed men, be wasted upon feeding of dogs or other beasts, neither that any be spent in making stuff called Starch, None suffered to make Starch of any Grain. as of late there hath been discovered great quantity expended in that vain matter, being in no sort to be suffered to continue, the rather also for that there are other things not hurtful to the food of man, that may serve for such purposes, if such purposes at least were requisite. be sold either in Corn or meal, but to charge them to continue the orderly use of grinding of all manner of Corn that shallbe brought to them, in reasonable good sort, and upon reasonable Tolle. And for better performance hereof some of the justices not affectionated to the Millers, shall some time personally themselu●s resort to the mills to oversee the doings of the said Millers, and compel them to do their duties. And where none of the justices can as need shall be, weekly look thereto personally, they shall appoint certain honest persons weekly to attend thereto, and to inform themselves of the poorer sort, how they are used in this time of dearth, for their grinding and their Toll, and present the defaults to the justices, to be speedily reform with all due severity. Conferences to be had betwixt the justices of Peace in the Shires, and the principal officers of Cities and towns corporate for provisions of Grain, for the inhabitants in Cities and corporate Towns. Item, where there are within the circuit of any Shire, or thereto adjoining any Cities that are incorporated as Towns within themselves, or any other Towns incorporate, that have by good authority justices of Peace of their own inhabitants, for that commonly such Cities and Towns have their greatest number of householders that are no owners of grain, but have common Bakers, & Brewers, must of necessity buy & provide their Corn or Meal at the Markets near thereto, to serve all other the inhabitants and resiants within the said Cities and Towns: For the provision of all such Cities & Towns, it shallbe necessary that the justices of the Peace of the Shires next to the same Cities and Towns shall have a meeting and conference with the head Officers of the said Cities and Towns, how and in what good manner the Bakers and Brewers, and other householders that shall also have need to provide Corn or Meal for the necessary use of the private households, may be provided at the Markets near to the same. And after due conference had hereof, there shall be by the justices of Peace, and the foresaid head Officers some good orders set down, such as both may serve for the needful use of the same Towns and Cities, and also may not by abuse give cause of raising of prices in the Markets & Countries adjoining. And where there shall be adjoining to the same Cities & Towns, or not far distant, divers Shires, (as in many places such is the situation of them) there some of the justices of every Shire so adjoining, or not far distant, shall use such conference and take such orders with the said Officers, as afore is mentioned. And in such cases the justices of every such Shire shallbe informed mutually from the one Shire unto the other, of the needful provisions to be made from time to time for the said Cities and Towns, so as every Shire may proportionably yield reasonable succour and relief out of their Markets to the purveyors or to the Bakers, & Brewers as shall be requisite without burdening of the one, more than the other may reasonably bear. And if need shall require, the aforesaid principal Officers shall not refuse to acquaint the justices, from whence the provision shall be bought and provided, how such provisions so had and bought in Markets are spent, that by colour of such provisions no abuse be committed to increase the prices, and so to leave the poor unable to be relieved. O●●er fo● places exempted from the jurisdiction of the justices of peace in the bodies of the Shires. If there be any special part within any Shire, that hath as a liberty by special Commissions any justices of the Peace within the same, the Sheriff of the Shire shall send unto the principal owner or Officer of such Liberty, notice of these orders, and shall charge them that the justices of the Peace within such Liberty do their duties for execution of all these orders, as far forth as shall be requisite, and therein also to use by conference the advise of some other justices next adjoining. Regard to stay all transportation of Grain out of the realm. That in all Counties maritimme where Ports or Creeks are, by which any Corn may be carried out of the Realm, though also there are Commissioners appointed under the great Seal of England, to take care that no Corn be shipped or laden in any vessel to pass out of the Realm: Yet nevertheless, the justices of the Peace that are not placed in that Commission, if they be no owners of Corn to sell, shall also use their diligence to stay such lading of Corn, either in Ports or Creeks, or upon any Rivers leading to the same. And if the foresaid Commissioners shall not do their duties therein by authority of their commission, than any other justice by authority of these orders shall make stay of all such transportation, and in his so doing, shallbe allowed and maintained. And this is thought meet to be in this sort directed, for that it may be doubted, that amongst so many as are appointed in the foresaid Commission against transportation, some may be mistaken, being themselves either transporters, or friends or favourers to transporters, or negligent in the execution of the charge committed to them. That the justices of the Peace do once every month certify their doings and proceed by force of these instructions unto the Sheriff of the said County, Certificate to be made of the Execution of these Orders monthly to the Sheriff, and he to certify the same to the privy Counsel within every forty days. in which certificate they shall also make certificate of such justices as shall be absent from any of these services, and the true cause of their absence, and shall also certify the usual prices of all kinds of Grain in their markets for that month past: Of all which the same Sheriff shall certify to the Privy counsel without any delay, so as he do certify once in every forty days at the furthest, and so as also the default in any justice that shallbe absent without necessary cause, To certify what justices be absent from the service, that such as without just excuse shall not attend, may be displaced, and their rooms, if there be need, supplied. may be duly considered, and reform by authority of her majesties Counsel, as reason shall require: whereby such persons as are placed as justices for their credit, may not continue in those rooms wherein they shall be found not disposed to attend such necessary and godly services as this is, but that others of better disposition may supply those rooms, if there shall be need of any such number, as in most places it is thought not very needful, the number of late years being in common opinion more hurtful than profitable to justice. And if any shall offend against the true meaning of these instructions, or of any part thereof, or shall use any sinister mean to the defrauding thereof, that such be severely punished according to the Laws: and for such obstinate persons as shall not conform themselves, the justices shall at their pleasure bind them to appear before the Queen's majesties privy Counsel by a day certain, there to be further dealt with by severe punishment, for the better ensample of all others. ❧ Articles annexed to the former Orders, to be executed by the Justices of Peace, in places where they shall think convenient. 1594. FIrst, to take view of the number of Alehouses, vitailing houses, and tippling houses in every Town, Parish, Village, and Hamlet within their jurisdictions: and upon view had, to consider what number of them are necessary and fit for every Town, Parish, Village, and Hamlet to continue: And thereupon to discharge the superfluous number, and such as are unmeet to keep the same, and to allow a convenient number, and no more. 2. They which shall be allowed, to be of honest conversation, & that have no other means to live by, and to give new bands to her majesties use, to perform the orders following, and such of them as refuse to be bound, not to be permitted to continue to keep any Alehouse, Vitailing, or Tippling house. 3. To take straight order with the Brewers, that they serve no Beer, or Ale to any Alehous-keeper, Victualler, or Tipler, but at such Rate, and price, as by the justices of Peace shallbe set down, and appointed by authority of the statute of 23. H. 8. Cap. 4. And yet the same to be well sodden, and well brewed of wholesome Grain, as it ought to be, upon pain, etc. to be imposed by the justices. 4. That no Vitailers, tipplers, and Alehouse-keepers have in their houses, or do permit to be brought into their houses any Cards, Dice, or Tables, nor to suffer any to play in their houses, yards, or backsides at any Cards, Tables, Dice, or other unlawful games. 5. That no Vitailer, Tipler, or Ale-house-keeper shall dress, or suffer to be dressed and eaten within his house, any flesh upon any forbidden day, saving for himself and his servants, in cases of necessity, according to the Statute in that behalf provided, and this to be parcel of the Condition of their Bond. 6. That no Vitailer, Tipler, or Ale-house-keeper shall permit, & suffer any person, or persons to lodge in his house above a day & a night, but such as he will answer for, as the Statutes yet in force do require. 7. To give strait order and charge to every Constable, or other superior Officer, to whom it may appertain, that every of them shall every fifteen days search, and inquire of the said & other like disorders, as by the Laws and Statutes of this Realm, they are commanded and required. And if it shall seem to the justices, that the petty Constable be either a Vitailer, or one that shall favour the Vitailers in their faults, some other meeter person to be appointed to make the said Inquisition and Certificate. 8 That Inquisition be made in what places Malt is commonly made to be sold, by such as are called Maulsters, and who they be, and to take order, that by buying and Engrossing of barley to make Malt, they do not thereby store up greater quantity of Malt, than they usually bring to Markets, thereby towards the end of the year to increase the price thereof excessively, of which abuse the justices are to take care to reform the same.