CLERICUS MERCATI, etc.  
An Humble Remonstrance of the several Heads and groundwork conceived, for the draught of a Bill of Information, to be exhibited into the High Court of PARLIAMENT.  
Concerning the general Clerk of the Market, and the Legal proceed thereof.   printer's or publisher's device 
LONDON, Printed Anno Dom. 1641.   

Clericus Mercati, etc. ss. An humble Remonstrance of the several heads, and groundwork conceived, for the draught of a Bill of Information, to be exhibited into the High Court of Parliament, concerning the general Clerk of the Market, and the legal proceed thereof, etc. 
 Viz.  
FOrasmuch as the plenty of every Commonwealth, doth principally consist upon mutual commerce and Traffic, and such Commerce is solely continued by the conformity and equality of Weights & measures; so on the contrary (the diversity of weights or measures) introduceth many frauds and deceits; The examination and reformation whereof, together with the Inquisition and punishment of the deceits and abuses practised by unconscionable persons, buying or selling by weights or measures, doth anciently & properly appertain to the duty & office of a Clerk of the Market; And as the just and due examination of the said Office, is very necessary and behooveful for the public weal of the Kingdom, so the misse-after thereof, doth draw and procure many grievances and oppressions upon his Majesty's loyal subjects, for redress & prevention whereof, these ensuing particulars, would be maturely considered off. viz.  
The Office itself is executed diversely. viz. 

1. By the King's general Clerk of the Market.  
2. By the Clarks of the Duchy of Lancaster.  
3. By Magistrates of Cities & Corporate Towns.  
4. By sundry other Charters & Franchised Liberties.    

1. The King's Clerk of the Market is charged, etc. viz. 

1. For taking common Fynes.  
2. For exacting more Fees than are due.  
3. For imposing Fynes without due trial of offences.  
4. For quarrelling with Weights and measures produced before him, for the purpose only to get new Fees for the sealing thereof.    
2. The Duchy Clarks are charged, etc. viz. 

That the Office is executed by them, without respect of ease to the Subject, for the lands of the Duchy being so intermixed with the lands of the Guildable, and the Liberties of both (in many places) lying in very small parcels together, so that neither Officer can make a reasonable days work or court, without much trouble to the subject, in calling some of them 12, and sometimes 16 mile's distance and remote from either Courts; And where a Town or Tything is part Guildable and part Duchy, there the Duchy Clarke summoneth all, and taketh Fees of all persons, and the King's general Clerk, coming after him doth the like with the Guildable, to the double grievance of the Tenants and Resiants of them both; And moreover the Duchy Clarke is not free from the particulars aforesaid, laid to the King's general Clarks charge.    
3. The Clerks of Cities and Towns Corporate, are charged, etc. viz. 

1. That they consist most of Tradesmen, as Bakers, Brewers, Maulsters, and Inholders or the like, who for the most part are offenders, yet are made principal Officers, and in these also, with the rest, the Clarkeship of the Market doth reside, and those rather intent their own profits, then public conformity.  
2 That these also under colourable pretences, give allowance to greater Measures than the Law alloweth, suggesting thereby that the trade of their Town is increased, the buyers enriched, and the poor more plentifully used, whereas in truth it begetteth confusion and leaveth the subject, the one to defraud the other.  
3. That these also being both Judge and party within themselves, no punishment seemeth grievous, in respect the Fynes (for the most part) being their own, the forfeiture is seldom taken, by reason the fault is among their natives generally.  
4. That these likewise commit the trust and custody of their Seal to one of their Sergeants, and the sizing of their Measures to some poor Cooper of their City or Town, both which persons, being but in nature their servants, and are in such subjection, as they dare not offend, and by this means all measures are made there of an extraordinary large content, for the buyers advantage; for it is evident, that most corporate Towns, buy in by the greater measure, and sell out by the lesser, which is a monstrous oppression to the Subject.    
4. The Clarks of other Franchises, Leets, or Liberties, are charged, etc. Viz. 

That these for the most part do no execution of this kind at all, and where they do, it is out of course, for no reformation ensueth, which is rather a protecting of offences, than a punishing; for all these (with many others) the imputation lieth, and is always objected to the King's Clerk of the Market; for the Country (ignorantly supposing) there should be no other Clerk but him and his Deputies, finding themselves reform by him only, and others at Liberty and not reform, cast all the scandal and reproach on the King's Officer only.     
To remedy all these miscarriages, and that a fair and legal course may be held in general throughout the Kingdom, as well within Liberties as without; It may be enacted according to these ensuing particulars. viz.  

1. That no person be chosen to execute the said Office, but such as shall be of sufficiency in estate, to be responsable for all wrongs done by them, and of ability to execute the duties incident to the said Office.  
2. That such persons as shall be chosen and authorized to execute the said office, shall before he meddle with the execution of the same, enter into a recognizance in a good sum of money, and also take a corporal oath, to execute the said office justly and uprightly during the time he shall continue in the said office, without exacting unjust fees, or discharging offenders without punishment.  
3. That no person authorized to execute the said office, receive any greater fees then anciently have been accustomed, and hereafter are allowed and expressed, nor receive any common Fine, or any gift or reward for discharging of any offence inquirable or punishable by or before him, upon pain of forfeiture of a good sum of money, being thereof lawfully convict.  
4. That the said office be not granted to the chief Officer of any City, Borough, Town Corporate, or Market Town, for that such persons (for the most part) acquire their chiefest livelihood by buying and selling, and are generally conscious of the frauds and deceits committed in different Weights and measures, and therefore altogether neglect the due execution of the said Office.  
5. That the said Office be not granted unto such person or persons, who have the Fines and Amercements set by or before the Clerk of the Market, granted unto them, because such persons aiming at their own particular profit, do impose immoderate Fynes upon offenders, and therefore are not compotent Judges in such cases.  
6. That whereas every City, Borough, Town Corporate and Market Town, doth now a days strive to exceed each other in the greatness of Weights and Measures, well knowing that all buyers will frequent that Market, where they may have greatest measure, and that all sellers most repair, where there are most ready buyers; therefore that every City, Borough, Town Corporate, and Market, might keep and maintain a common Bushel or two (according to the greatness of the Market) containing full eight gallons neither more nor less, and agreeing to the standard of his Majesty's Exchequer, and not suffer any other measures to be used, but such as shall be agreeable to the same measure in quantity or even proportion, and that the same measure or measures, may be continually (especially upon the Market days) hanging up fast fixed with a chain in the public Marketplace, & also common with both Troy and Avoirdupoise ready in the same Market, to be used by the subject, both buyer and seller as need shall require.  
7. That whereas most Bakers do usually buy their corn, by a Bushel which shall contain ten gallons, and sometimes more, and yet do nevertheless assize their bread, but after the rate of eight gallons to the bushel and sometimes under; That no Bakers do buy by any other measure, then after eight Gallons to the bushel, and eight bushels to the quarter, upon a good penalty; unless he buying by any other degree or even proportion, warrantable by Law or common usage, may always be constrained to assize his penny and halfpenny loaves accordingly.  
8. That no Chandler, Badger, Loader, Miller, Mealeman, Maltman, or any other person do keep, buy, or sell by any other measures then as aforesaid.  
9 That every person do buy or sell their corn and grain, or other commodities by just and equal Weights and measures agreeing with the standard of the Exchequer, and that every such measure be even striked and not heaped up, & that the strike or strickle wherewith the said corn or other commodities shall be stricken, be made even, and not above the thickness of one inch in breadth, without any manner of running in the stoping or hollowness of it, now too much abusively used in public Markets; and that the use of all Rolls, and other deceitful strikes, now used in most parts of the Realm, be absolutely suppressed, being so evident, that by the use of them, the seller is always extremely injured and oppressed.  
10. That no Baker sell, nor any other person or persons buy to sell again, above 13 peny-loaves for 12. pence, and that no poundage be given by the Baker to any Innkeeper, Victualler, or any other person, in money or otherwise.  
11. That all Inholders and Ostlers, do sell their Hay and Provender at indifferent rates and prizes, and that every of them have one Gallon measure sealed, and agreeing with his Majesty's said standard, hanging fixed with an Iron chain at his stable or hostrie door, public in the view of all his guests.  
12. That whereas the excessive gain of Inns, Victualling houses and Hostries, is most grievous to the Common-wealth, which is chief occasioned by greedy desire of unlawful gain, in letting to farm their Hostries and Tap-houses to their Ostlers, servants, and Tapsters, some paying to the Master 15. s. for that barrel of Beer, for which the Master paid 8. s. or less to the Brewer, and 11. s. 8. d. for the bushel of Oats, which cost the master but 14. d. 18. d. or 20. d. at the most; thereby enforcing the said Ostlers and Tapsters, to sell to the King's Subjects, by fare lesser measure, than the King's standard, to make themselves some profit by the said Farm; it being often found by survey of the general Officers Deputies upon examination of the said Measures, that the half peck, which should contain eight pints, hath not contained full five pints, and the groat Jugges sold for 4. d. hath not contained two quarts, which should contain four, and the 2. d. Jugges not a full quart by the standard, which should contain two quarts.  
13. That it may be enacted, that no Innkeeper, Victualler, or Hostler, do let or set to Farm his Seller, Taphouse, Stable, or Hostry, but to keep the same in his own hands, and sell only by lawful measures, sealed, and agreeing with the King's standard, and to sell his Hay and Provender, for moderate and indifferent prizes, viz. A fourth part in the value over and above the rates in the Market, as it shall be then from time to time; and this to be performed upon forfeiture of a good sum of money for every offence found and presented by Jury.  
14. That no person or persons shall vent or sell his Beer or Ale by jugges or Stone pots, that shall not contain full pints, quarts, pottles, gallons, and that no such pots or jugges be imported or made within the Kingdom, but such as shall be of the proportion and content in quantity as aforesaid, and to have some mark of distinction in the framing of them, which may be conspicuous to all men.  
15. That Brewers be restrained from selling their Beer and Ale at excessive rates, as at ten shillings, twelve shillings, fourteen shillings, fifteen shillings, eighteen shillings, and sometimes twenty shillings the Barrel, but that all Brewers brewing to sell in Hoggs-heads, Barrels, Kilderkins, or Firkins, may be confined, to sell according to the Statute of 23. Hen. 8.  
16. That whereas there is yet no direction, neither by Statute, nor other Order, to guide any Officer for the true Assize of Bread, made of any grain but Wheat only, and that the Bread most used to be put to Sale by Bakers, for the relief of the poorer sort, is made of Rye or Masslyn, which is Wheat and Rye or Barley mixed together, in which the poor are daily pinched and wronged; may it therefore please this Honourable Assembly, to take the same into their consideration, and pray that the Officers of his Majesty's Bakehouse, may be directed to make a trial of the same Grain, and in their judgements upon their Oaths set down a certain Assize to guide both Officer and Baker, beginning from Twelve shillings the quarter unto 3. l. 6. d. the quarter, for want of which experiments, the common Bakers are at their own appoinment for sinister advantage, but the poor are ground inevitably by unconscionable Bakers.  
17. That whereas the usual course for the discovery of these and other offences inquireable by the foresaid Clerks of the Market, is either by making particular search or by general summons, neither of which being able to make a perfect discovery, it being still voluntary honesty, whether any will leave (or shelter) their false Measures or Weights at home or not; That the Clarks of the Market or their Deputies, may be enabled to give oath to such as shall give cause of suspect, whether directly or indirectly, he hath any false weights or measures at home, or in the custody of others.  
18. That the original standards of the Exchequer may be reviewed and examined, to see whether they differ in proportion the one from the other or not; forasmuch as the brazen Quart standard, hath been found different from the other, occasioning the Officer to miss guide or frame some measures uncertain, if corrected by that original quart standard.  
19 That whereas there are at this day in divers Cities, Boroughs, and Corporate Towns, and in many other parts and places of the Kingdom (especially in the Northern and Western parts and Dominion of Wales) false and deceitful Weights and measures, of different contents one from another, and all repugnant and disagreeing from the original standard of his Majesty's Exchequer, appointed (by Law) to be the rule and direction for them all; may it be enacted upon a severe penalty or forfeiture of Franchises, that upon a set time prescribed a due reformation & conformity may forthwith he obtained and procured, within all such refractory Franchises or Liberties.  
20. And lastly, that the ancient and accustomed Fees, which have been formerly by long custom and use approved off, and settled by sundry Proclamations appertaining to the general Clerk of the Market only, and to none other such like Officer; may be revised, considered, ratified, confirmed, and declared by public authority, and so made plain and conspicuous to general view and notion; To the end such a necessary Officer, and his several Deputies may be supported, continued, and encouraged to execute their places with diligence and integrity, the which acquire such assidual trouble, travel, and charges; Forasmuch, as it doth and may appear that the Country generally in former times, have borne this Officers charges, besides his recompense, whereupon a particular Statute was afterwards enacted, restraining and confining him to travel but with six horse, to avoid (as it seemed then) unnecessary burden and charges to the subject.   
The substance and contents of a Book of Assize and plain direction, as well for Officers as the subject generally, and how to understand and put into general practice and execution, all, and every the contents of the premises which shall be thought meet and expedient; The Tract is entitled The general Clerk of the Market, ready composed and provided for the Press and public use and service of the Commonwealth of England and Ireland, and Dominion of Wales, etc. viz.  

The Argument, Contents, disposition, and convenient use of the whole work, etc.  
1. A plain declaration of the general proceed of the Clerk of the Market, or a true Assize of all things vendible by Weights or measures, drawn and collected as well from the sacred Laws of divine institution, as also from the common Laws and practice, and most ancient Statutes of this Kingdom of England still in force and unrepealed.  
2. Together with a true and general calculation of all sorts of Weights and measures, with a proportionable differnece, yet just agreement upon due and lawful Assize, with a new revised and enlarged book of Assize for bread alone, necessary for the use aswell of public Officers as common Bakers; and also very fit to be known, understood, and practised by all men generally, especially in matters of mutual commerce and Traffic, between man and man, one Country and another, whereby a just and equal conformity upon Weights and measures, may be always and every where practised and observed proportionably, according to the standards of his Majesty's Exchequer; nevertheless every County or Shire may reserve among themselves, their ancient customs and usages, avoiding all colour of any sinister fraud or deceit.  
3. And lastly, a due regulation of that most ancient Office of the Clerk of the Market of the King's Household according to its Primary and first institution, digested into a plain & settled form and demonstration (by way of an Inquisition) to be holden before him, or any other Officer, that hath lawful power or jurisdiction therein; very beneficial for all his Majesty's Subjects in general, but chief for all Majors of Corporations, Bailiffs of Liberties, Portreeves, Constables, Ale-tasters, Tything-men, or any other Officers, to whom the weekly or monthly observation of the due Assize of all things (especially of Bread, Drink, or any other victual) doth, shall, or may appertain, very need full to be practised throughout his Majesty's Dominions, as well within Liberties as without.  
Per me BEN: AGAR.   
FINIS.