CLERICVS MERCATI c. An Humble Remonstrance of the severall Heads and ground-worke conceived for the draught of a Bill of Information to be exhibited into the High Court of PARLIAMENT Concerning the generall Clarke of the Market and the Legall proceedings thereof LONDON Printed Anno Dom. 1641. Clericus Mercati c. ss An humble Remonstrance of the severall heads and ground-worke conceived for the draught of a Bill of Information to be exhibited into the High Court of Parliament concerning the generall Clarke of the Market and the legall proceedings thereof c. Viz. FOrasmuch as the plenty of every Common-wealth doth principally consist upon mutuall commerce and Traffique and such Cōmerce 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 deceipts The examination and reformation whereof together with the Inquisition and punishment of the deceipts and abuses practised by unconscionable persons buying or selling by weights or measures doth anciently properly appertain to the duty office of a Clarke of the Market And as the just and due examination of the said Office is very necessary and behoovefull for the publique weale of the Kingdome so the misse-after thereof doth draw and procure many grievances and oppressions upon his Majesties loyall subjects for redresse prevention whereof these ensuing particulars would be maturely considered off viz. The Office it selfe is executed diversly viz. 1. By the Kings generall Clarke of the Market 2. By the Clarks of the Dutchy of Lancaster 3. By Magistrates of Cities Corporate Townes 4. By sundry other Charters Frāchised Liberties 1. The Kings Clarke of the Market is charged c. viz. 1. For taking common Fynes 2. For exacting more Fees then are due 3. For imposing Fynes without due tryall of offences 4. For quarrelling with Weights and measures produced before him for the purpose onely to get new Fees for the sealing thereof 2. The Dutchy Clarks are charged c. viz. That the Office is executed by them without respect of ease to the Subject for the lands of the Dutchy being so intermixed with the lands of the Guildable and the Liberties of both in many places lying in very small parcells together so that neither Officer can make a reasonable dayes worke or court without much trouble to the subject in calling some of them 12 and sometimes 16 miles distance and remote from either Courts And where a Towne or Tything is part Guildable and part Dutchy there the Dutchy Clarke summoneth all and taketh Fees of all persons and the Kings generall Clarke comming after him doth the like with the Guildable to the double grievance of the Tennants and Resiants of them both And moreover the Dutchy Clarke is not free from the particulars aforesaid layed to the Kings generall Clarks charge 3. The Clarkes of Cities and Townes Corporate are charged c. 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 principall Officers and in these also with the rest the Clarkeship of the Market doth reside and those rather intend their owne profits then publique conformity 2 That these also under colourable pretences give allowance to greater Measures then the Law alloweth suggesting thereby that the trade of their Towne is increased the buyers enriched and the poore 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 greevous in respect the Fynes for the most part being their owne the forfeiture is seldome taken by reason the fault is among their natives generally 4. That these likewise commit the trust and custody of their Seale to one of their Serjeants and the sizing of their Measures to some poore 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 Townes 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 c. Viz. That these for the most part doe no execution of this kind at all and where they doe it is out of course for no reformation ensueth which is rather a protecting of offences then a punishing for all these with many others the imputation lyeth and is alwaies objected to the Kings Clarke of the Market for the Country ignorantly supposing there should be no other Clarke but him and his Deputies finding themselves reformed by him onely and others at Liberty and not reformed cast all the scandall and reproach on the Kings Officer onely To remedy all these miscarriages and that a faire and legall course may be held in generall throughout the Kingdome as well within Liberties as without Jt 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 summe of mony and also take a corporall 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 payne of forfeiture of a good summe of money being thereof lawfully convict 4. That the said office be not granted to the chiefe Officer of any City Borough Towne Corporate or Market Towne for that such persons for the most part acquire their chiefest livelihood by buying and selling and are generally conscious of the frauds and deceipts 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 Clarke of the Market granted unto them because such persons ayming at their owne particular profit doe impose immoderate Fynes upon offenders and therefore are not compotent Judges in such cases 6. That whereas every City Borough Town Corporate and Market Towne doth now a dayes strive to exceed each other in the
greatnesse of Weights and Measures well knowing that all buyers will frequent that Market where they may have greatest measure and that all sellers most repaire where there are most ready buyers therefore that every City Borough Towne Corporate and Market might keepe and maintaine a common Bushell or two according to the greatnesse of the Market containing full eight gallons neither more nor lesse and agreeing to the standard of his Majesties 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 dayes hanging up fast fixed with a chayne in the publique Market-place 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 doe usually buy their corne by a Bushell which shall containe ten gallons and sometimes more and yet doe neverthelesse assize their bread but after the rate of eight gallons to the bushell and sometimes under That no Bakers doe buy by any other measure then after eight Gallons to the bushell and eight bushells to the quarter upon a good penalty unlesse he buying by any other degree or even proportion warrantable by Law or common usage may alwaies be constrained to assize his penny and halfe-penny loaves accordingly 8. That no Chandler Badger Loader Miller Mealeman Maultman or any other person doe keepe buy or sell by any other measures then as aforesaid 9. That every person doe buy or sell their corne and grayne or other commodities by just and equall 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 corne or other commodities shall be striken be made even and not above the thicknesse of one inch in breadth without any manner of running in the stoping or hollownesse of it now too much abusively used in publique Markets and that the use of all Roles and other deceitfull strikes now used in most parts of the Realme be absolutely suppressed being so evident that by the use of them the seller is alwaies extreamly injured and oppressed 10. That no Baker sell nor any other person or persons buy to sell againe above 13 peny-loaves for 12. pence and that no poundage be given by the Baker to any Inkeeper Victualler or any other person in money or otherwise 11. That all Inholders and Hostlers doe sell their Hay and Provender at indifferent rates and prizes and that every of them have one Gallon measure sealed and agreeing with his Majesties said standard hanging fixed with an Iron chayne at his stable or hostrie doore publike in the view of all his guests 12. That wheras the excessive gaine of Innes Victualling houses and Hostries is most grievous to the Cōmon-wealth which is chiefly occasioned by greedy desire of unlawfull gaine in letting to farme their Hostries and Tap-houses to their Hostlers servants and Tapsters some paying to the Master 15. s. for that barrell of Beere for which the Master paid 8. s. or lesse to the Brewer and 11. s. 8. d. for the bushell of Oates which cost the master but 14. d. 18. d. or 20. d. at the most thereby enforcing the said Hostlers and Tapsters to sell to the Kings Subjects by farre lesser measure then the Kings standard to make themselves some profit by the said Farme it being often found by surveigh of the generall Officers Deputies upon examination of the said Measures that the halfe peck which should containe eight pintes hath not contained full five pintes and the groat Jugges sold for 4. d. hath not contained two quarts which should containe foure and the 2. d. Jugges not a full quart by the standard which should containe two quarts 13. That it may be enacted that no Inkeeper Victualler or Hostler doe let or set to Farme his Seller Tap-house Stable or Hostry but to keep the same in his owne hands and sell onely by lawfull measures sealed and agreeing with the Kings standard and to sell his Hay and Provender for moderate and indifferent prizes viz. A fourth part in the valew over and above the rates in the Market as it shall bee then from time to time and this to be performed upon forfeiture of a good summe of money for every offence found and presented by Jury 14. That no person or persons shall vent or sell his Beere or Ale by Iugges or Stone pots that shall not containe full pintes quarts pottles gallons and that no such pots or jugges be imported or made within the Kingdome but such as shall be of the proportion and content in quantity as aforesaid and to have some marke of distinction in the framing of them which may be conspicuous to all men 15. That Brewers be restrained from selling their Beere and Ale at excessive rates as at ten shillings twelve shillings fourteen shillings fifteene shillings eighteene shillings and sometimes twenty shillings the Barrell but that all Brewers brewing to sell in Hoggs-heads Barrells 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 graine but Wheat onely and that the Bread most used to bee put to Sale by Bakers for the reliefe of the poorer sort is made of Rye or Masslyn which is Wheat and Rye or Barley mixed together in which the poore 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 Majesties Bake-house may be directed to make a tryall of the same Graine and in their judgements upon their Oathes set downe a certaine 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 poore are ground inevitably by unconscionable Bakers 17. That whereas the usuall course for the discovery of these and other offences inquireable by the foresaid Clarkes of the Market is either by making particular search or by generall 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 originall 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 brasen Quart standard hath beene found different from the other occasioning the Officer to misse guide or frame some meâ—sures uncertain if corrected by that originall quart standard 19. That whereas there are at this day in divers Cities Boroughs and Corporate Townes and in many other parts and places of the Kingdome especially in the Northerne and Westerne parts and Dominion of Wales false and deceitfull Weights and measures of different contents one from another and all repugnant and disagreeing from the originall standard of his Majesties Exchequer appointed by Law to bee 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 custome and use approoved off and setled by sundry Proclamations appertaining to the generall Clarke of the Market onely and to none other such like Officer may be revised considered ratified confirmed and declared by publique authority and so made plain and conspicuous to generall view and notion To the end such a necessary Officer and his severall Deputies may be supported continued and encouraged to execute their places with diligence and integrity the which acquire such assiduall trouble travell and charges Forasmuch as it doth and may appeare that the Country generally in former times have borne this Officers charges besides his recompence whereupon a particular Statute was afterwards enacted restraining and confining him to travell but with sixe horse to avoid as it seemed then unnecessary burden and charges to the subject The substance and contents of a Booke of Assize and plain direction as well for Officers as the subject generally and how to understand and put into generall practise and execution all and every the contents of the premisses which shall be thought meet and expedient The Tract is entituled The generall Clarke of the Market ready composed and provided for the Presse and publique use and service of the Common-wealth of England and Ireland and Dominion of Wales c. viz. The Argument Contents disposition and convenient use of the whole worke c. 1. A plain declaration of the generall proceedings of the Clarke of the Market or a true Assize of all things vendible by Weights or measures drawne and collected as well from the sacred Lawes of divine institution as also from the common Lawes and practise and most ancient Statutes of this Kingdome of England still in force and unrepealed 2. Together with a true and generall calculation of all sorts of Weights and measures with a proportionable differnece yet just agreement upon due and lawfull Assize with a nevv revised and enlarged booke of Assize for bread alone necessary for the use aswell of publique Officers as common Bakers and also very fit to be knovvne understood and practised by all men generally especially in matters of mutuall commerce and Traffique betweene man and man one Countrey and another whereby a just and equall conformity upon Weights and measures may be alwaies and every vvhere practised and observed proportionably according to the standards of his Majesties Exchequer neverthelesse every County or Shire may reserve among themselves their ancient customes and usages avoiding all colour of any sinister fraud or deceipt 3. And lastly a due regulation of that most ancient Office of the Clarke of the Market of the Kings Houshold according to its Primary and first institution digested into a plain setled forme and demonstration by way of an Inquisition to be holden before him or any other Officer that hath lawfull power or jurisdiction therein very beneficiall for all his Majesties Subjects in generall but chiefly for all Majors of Corporations Bayliffes of Liberties Portreeves Constables Ale-tasters Tything-men or any other Officers to whom the weekely or monethly observation of the due Assize of all things especially of Bread Drinke or any other victuall doth shall or may appertaine very need full to bee practised throughout his Majesties Dominions as well within Liberties as without Per me BEN AGAR FINIS