and make Process and Award Execution vide Statute 5 Eliz. 4. This Statute doth extend to Merchants as by a foregoing Clause in the same Act and therefore to all Traders and to all Places whatsoever within this Kingdom Whereas great Inconveniencies do happen for want of due Execution of the Laws that have been made against Rogues and Vagabonds and because Constables and Others may be at great Charge in Prosecuting the said Laws Therefore the said Constables and other Officers so out of Purse together with the Church-Wardens of any Parish have power to make a moderate Rate and Tax all Occupiers of Land and all other Inhabitants or Persons Chargeable and lawfully may Distrain for the same to reimburse themselves ut per Stat. 14 Car. II. Cap. 13. Observe how strictly all Persons are obliged to Contribute for and towards the Charge of putting these Statutes in Execution If a Constable or other Officer or Prosecutor carries a Rogue or Vagabond before a Justice of the Peace the said Justice is to Authorize him or them to receive 2 s. from the Officers of any other Parish thro' which the Offender last passed without Punishment and so for every Rogue ut per Stat. 14. Car. II. 12. By these Words If c. It 's also plain That a Constable or other Officer may Prosecute or Punish such Offenders without carrying them before a Justice and where the Offence is plain it is not reasonable to give the Justice so much trouble when the Law hath not enjoyn'd it nor can the Favour of a Justice Acquit the Constable from his Forfeiture if the Offender escapes unpunished The Manner of a TESTIMONIAL THIS may Certifie all whom it may Concern That A. B. P. being here found _____ hath been Whipped according to the Statute and is to be sent forward forthwith from Parish to Parish by the Officers of every the same the next way to _____ where he last _____ Given under our Hands and Seals this _____ Day of _____ 169 To be Signed by the Justice or Constable or Headburrough and Tithing-Man And also The Prosecutors Charge is to be paid out of the 20 s. Forfeiture of the Neglecting Officers ut per Stat. 14 Car. II. 12. As it is in the Power of the City of London by Vertue of their Charter to make for themselves Acts for the Re-inforcement of the Statute-Laws and to make any reasonable By-Laws * 8 Part Cook 's Rep. fol. 121. Case of London 7 Jac. I. 5 Part ditto fol. 64. Clark's Case fol. 64. 38 Eliz. Hubert's Rep. fol. 210. Norris against Staps at Newbury 14 Ja. 1. not contrary to the Statute-Laws for the better Regulation and Improvement of their Trade and Good Government so it is generally in the Power of all other Cities Burroughs and Towns Corporate throughout England and Wales if they Chose Good Magistrates to do the same by Vertue of their Charters London hath now done it by the Precedent Act of Common-Councel And what Occasion there is for others to follow their Example they Themselves Respectively are the best Judges especially whilst they see that the Law without Execution is but a dead Letter Therefore being Desired by several Corporations Companies and Traders in London and elsewhere we shall give some short Account of the Methods of Proceeding in and about London upon our former Statutes At a General Sessions of the Peace held by the Justices at Hicks's-Hall in the County of Middlesex was made the following Order Viz. WHEREAS this Court is Informed That great Numbers of Scotch and other Pedlers and Petty Chapmen do Wander Abroad up and down this City and County contrary to Law We do hereby Recommend it to the Respective Justices of the Peace of this County to take Effectual Care to put the Laws in Execution against the said Pedlers and Petty Chapmen And all the Constables and Tithing-Men in their Respective Precincts are required so often as they shall find any of the said Offenders immediately to Whip them in such manner as the Statutes of 39 Eliz. Cap. 4. and the 1 Jac. Cap. 7. Directs and in Default whereof the Penalties of the said Statutes are hereby Appointed to be Levied upon them The present Lord Mayor Recorder and other Justices within this City and the present Recorder and other Justices for Westminster Middlesex Surry Kent and Essex without the City have Issued out their Warrants strictly Commanding all Constables c. at their Perils from time to time and as often as they shall be thereunto Required and as often as they shall see or have Notice of any Pedlers Hawkers and Petty Chapmen Wandring about to Apprehend them and every of them to the end they may be Dealt with according to Law And accordingly several such Offenders have been both formerly and of late Whipped in and about London and divers other parts of this Kingdom also some of the greater and richer sort of them have been and now are Prosecuted at Law where they use Chargeable Shifts to Defend Themselves and their Party but if followed are generally Convicted to be Rogues and Vagabonds as by that Famous President Recorded in Roll 's Second Reports fol. 172. Viz. The King against Hollingsworth who Dwell'd at Branford and Wandered about to Sell Wares at Hackney and other places was upon a very notable Trial after many Evasions Convicted upon the Statute of 39 Eliz. Cap. 4. c. as by the said Reports doth at large appear Several Companies and Citizens met together divers times in February last and Considered and Agreed what Courses to take for Redress and in due time the following Petition was Prepared Viz. To the Right Honourable the Lord Mayor Aldermen and Commons in Common-Councel Assembled The Humble Petition of the Shop-keepers and Inhabitants of the City of London and the Liberties thereof Sheweth THAT whereas your Petitioners being Freemen of this City do bear Offices pay great Rents and Taxes and Cheerfully Assist in the Support of the Government on all Occasions and do generally Subsist by their Respective Trades and are content to abide in their own Stations and Exercise their said Trades in such manner as the Laws and Customs of this City doth permit yet so it is nevertheless That for want of due Execution of the several good Laws heretofore Provided for their Relief the Course whereof hath since been Obstructed by Reason of an Illegal Patent obtained from King James II. That therefore your Petitioners in most places within this City and the Liberties thereof are so Discouraged and Undermined and Abused in their Respective Trades by the Insolent and Unlawful Practices and daily Increase of Pedlers Hawkers and Petty Chapfolks such as Wander about from place to place and carry and proffer to Sale all kinds of such Goods and Wares as your Petitioners Deal in so that great part of the good Citizens and Settled Inhabitants of this City will not be able to pay their Rents Taxes and other Charges
Members and to the Parliament for Redress Whereupon when a former was lost a new BILL to prevent the Decay of Trade in Cities Corporations and Towns was Elaborately Composed and Prosecuted by the Help and Favour of the Right Honourable the present Lord-Keeper and some other Worthy Members But because the Delays and Difficulties we met with are unspeakable We shall only say That our BILL was at last thrown out by the Lords to our great Loss and Disappointment Yet we hope the longer their Honours and Lordships Consider of this Matter the more Favourable they will be to us when another Opportunity shall offer to renew our humble Applications for the same Bill The Petitioners against the Bill were but only Six Linnen-Drapers whose Petition was thus Entituled Viz. The Humble Petition of several Linnen-Drapers and other Whole-sale Dealers in and about the City of London in behalf of themselves and others of the same Trades who Pray'd to be heard by the Committee in what they had to offer against the Bill which was a Clause they had prepar'd to get into our Bill and in effect to Establish all Pedling and Hawking by Law and this they will ever Attempt on all Occasions which shall be offer'd but after that was then prevented what Reasons they Alledged was look'd upon by the Committee to be but very insignificant and chiefly for Delay They afterwards pursued the same Designs in the House and we hear that against the next Session of Parliament they design to get into their own hands the Management of our BILL that they may with less difficulty model it for their own Purpose One of their Reasons in Print to the Lords indeed was a strange one especially from Shop-keepers Viz. That if the Shop-keepers should be so much Indulged as to have their Bill Pass then there would be none to follow any Laborious Employment for then it was but for a Man to put his Son Apprentice to a Countrey Mercer and he might be sure to get an Estate and to live in all the Plenty Ease and Luxury imaginable After the loss of the Bill in Parliament We did by Advice of Councel get Collected and plainly Abridged all the former Statutes in force against Pedlers c. and Published the same which now with some Explanations and Directions as we promised are Re-printed as followeth In the mean time the Pedlers and Hawkers are by fit Arguments already Convinced That the new Law we entreated for in Parliament was more favourable to them than the old ones A Plain Abridgment of several Statutes in force which may be Effectually put in Execution against all Pedlers Hawkers and other Unlawful Traders together with the Opinion of Learned Councel touching the same BRass and Pewter-Wares by being carried about and sold Clandestinely were Made False and Deceitful for Prevention whereof it was Enacted by the 19 Hen. VII Cap. 6. That no Pewter or Brass-Wares whatsoever should be Sold or Changed by any Person using the Trade of Pewterers or Brasiers but only in open Fairs or Markets or in their own Dwelling-Houses on Forfeiture of Ten Pounds to the King for every Offence This Statute being found to be of great Benefit was per 4 Hen. VIII Cap. 7. again Confirm'd and Ordain'd to Endure for Ever That whereas the Cities Burroughs Towns Corporate and Market-Towns did heretofore Flourish and were highly serviceable to the Government but were brought to great Decay and were like to come to utter Ruin and Destruction by Reason that Persons Dwelling out of the said Cities and Towns came and took away the Relief or Subsistance of the said Cities and Towns by selling their Wares there For Remedy whereof be it Enacted c. That no Person or Persons Dwelling any where out of any of the said Cities or Towns the Liberties of the Two Universities only excepted shall hereafter sell or cause to be sold by Retail any Woollen or Linnen-Cloth except of their own Making or any Haberdashry Grocery or Mercery-Wares whatsoever at or within any of the said Cities Burroughs Towns Corporate or Market-Towns within this Realm except it be in open Fairs on pain to Forfeit and Lose for every time so Offending 6 s. 8 d. and the whole Wares to be sold proffered or offered to be sold the one Moiety of all which Forfeitures to be to the use of the King and Queen and the other Half to him or them that shall Seize or Sue for the same in any of Their Majesties Courts of Record by Plaint Action of Debt Information or otherwise wherein no Essoin Protection or Wager of Law shall be allowed 1 2 Philip and Mary Cap. 7. So that If any Person whatsoever Dwelling out of your Towns comes into your Towns or Markets and sets up a Stall or walks or stands in the Street or keeps a Room or Shop which he Resides not at constantly if there he sells by Retail any of these sorts of Goods Viz. Any kind of Woollen or Linnen-Cloth except it be of his own Making or any sort of Haberdashry Grocery or Mercery-Wares whatsoever he doth Incur the Penalty of this Statute Note That Exposing to Sale is setting a Price Hemging Lying or being carried about in a posture of selling Hose or Haberdashry or Mercery-Wares and all dry Goods whatsoever that are either worn or usually carried about a Man are generally included in this Statute and on Tryal may be so proved The Goods after you can prove any part thereof sold are all the rest to be seized by any Person whatsoever that will prosecute and recover the 6 s. 8 d. a time for every such Offence to do which he must with or without a Warrant take a Constable and seize and let the Goods be wrapp'd and seal'd up and left in the hands of the Constable to be produced at the Tryal that those were the very Goods which were some part sold out and the rest expos'd to sale as above in such a place and that the seller dwelt in such other place or at least not in that Town or Parish where part of the Goods were so sold If the Offender brings his Action you may Plead the said Statute And be it also further Enacted That all Tinkers Pedlers and Petty Chapmen Wandering abroad c. shall be Taken Judged and Deemed Rogues and Vagabonds and shall Sustain all Punishment as by this Act is appointed viz. That every such Person as shall be found Begging Vagrant or Wandring in any part of this Realm or the Dominion of Wales shall upon their Apprehension by any Justice of the Peace or Constable or Headburrough or Tithing-Man of the same County Hundred Tithing or Parish where such Persons shall be taken the Tithing-Man or Headburrough being Assisted therein with the Advice of the Minister and some one other of that Parish shall cause the Offender to be stripped Naked from the Middle upwards and to be openly Whipped until his or her Body be Bloody and shall
THE STATUTE-LAWS PERUSED and REVIVED OR A REMEDY AGAINST PEDLERS HAWKERS AND Petty Chapmen c. Fit to be KNOWN by All CONSTABLES and Other PARISH-OFFICERS ALSO BY THE MINISTERS in the Countrey and all Other Persons whatsoever LICENCED July 22. 1693 LONDON Printed and are to be sold by Brab Aylmer at the Three Pidgeons in Cornhill over against the Exchange William Miller at the Achorn in St. Paul's Church-Yard Daniel Browne at the Bible and black Swan without Temple-Bar and by several other Booksellers 1693. Price Six Pence Fleet Mayor A BILL for Prevention of Pedlers Petty Chapmen and other Unlawful Traders Wandring about within the CITY of LONDON and the Liberties thereof As the same was Settled and Approved by Advice of divers Learned Councel and accordingly Reported by the Committee the second Time the 20th Day of June 1693. WHEREAS by the Laws and Statutes of this Realm amongst other Things it is Enacted Ordained and Declar'd That all Pedlers and Petty Chapmen Wandring Abroad shall be Taken Adjudged and Deem'd Rogues and Sturdy Beggers and shall be Taken and Apprehended and be Stripped Naked from the Middle upwards and be openly Whipped until his or her Body be Bloody and shall be further Dealt with as in and by the said Laws and Statutes is Directed and Appointed And Whereas Also great Numbers of Vagrant and Idle Persons both Men and Women either Unsettled and having no Habitation or Wandring and Roving from the Places of their Abode and Habitations do daily Resort to this City and the Liberties thereof as Pedlers and Petty Chapmen Wandring up and down Selling or offering to Sale divers sorts and kinds of small Wares and other Goods and Merchandizes Contrary to and in Contempt of the said Good and Wholsome Laws and Statutes and also contrary to the Welfare and Good Government of this City and to the Manifest Loss Dammage and Detriment of the Honest and Industrious Shop-keepers Tradesmen and Inhabitants thereof For Prevention whereof for the Time to come and for the better and more effectual Repressing the Mischiefs aforesaid Be it Enacted and Ordained and it is hereby Enacted and Ordained by the Right Honourable the Lord Mayor the Right Worshipful the Aldermen his Brethren and the Commons in Common-Councel Assembled That the said Statutes shall from henceforth be strictly and duly put in Execution against all such Offenders within this City and the Liberties thereof And to that End and Purpose That all Constables and other Inferiour Officers within this City and the Liberties thereof shall Seize Take and Apprehend all such Vagrant and Wandring Persons going and Wandring About within this City and the Liberties thereof or any of the Streets Lanes Allies Passages or Places within the same Selling or exposing to Sale any manner of Wares or Commodities whatsoever and Inflict the Punishments by the said Statutes appointed on such Offenders and deal with or cause such Offenders to be strictly and severely dealt with as by the said Statutes are directed and appointed And that in case any Constable or other Inferiour Officer shall willfully neglect or refuse to do and perform his Duty therein that then and in such Case the Penalty of 20 s. for every such Offence shall be Levied upon him so Offending as by the said Laws and Statutes is directed and appointed And further That the Sum of 5 l. shall be Required and Levied and Received of and upon every Person and Persons who shall lett or hinder the due Execution of the said Laws and Statutes as by the said Laws and Statutes is also Enacted and Ordained And Whereas also by the ancient and laudable Customs of this City no Wares Goods or Merchandizes whatsoever ought to be Bought or Sold or exposed to Sale within this City or the Liberties thereof save only in Publick Markets or in open Shops or Ware-houses kept and used for that Purpose and Fairs during the time of such Markets and Fairs only Yet nevertheless divers and sundry Lew'd and Idle and Disorderly Persons Lodging or Living within the said City and the Liberties thereof or near Neighbourhoods or Places thereunto adjoyning do frequently Sell or expose to Sale divers Goods Wares and Merchandizes as Hawkers and Petty Chapmen Going and Wandring in the Streets Lanes Allies and other Places thereof from House to House and from Door to Door contrary to the said good laudible and profitable Customs of this City by Reason whereof the Citizens Shop-keepers and Inhabitants of the said City are not only greatly Hindered and Prejudiced in their Trades and Occupations but also many of Their Majesties good Subjects Inhabiting and Residing within the said City and the Liberties thereof and others Resorting thereunto are frequently Cheated and Defrauded and Abused in buying bad and deceitful Wares and Commodities of them For Prevention whereof for the Time to come and for the better and more effectual putting in Execution the said antient and laudible Customs of this City against such Offenders as aforesaid Be it further Enacted and Ordained and it is hereby Enacted and Ordained by the said Lord Mayor and the said Aldermen his Brethren and the said Commons in Common-Councel Assembled That from and after the First Day of August now next ensuing no Person or Persons whatsoever shall Sell or expose to Sale any Goods Wares or Merchandizes in any Street Lane Publick Passage Tavern Inn Ale-House Coffee-House or other Publick Place within this City or the Liberties thereof unless it be in open Markets Appointed Used and Accustomed for the Vending thereof or in Common and Publick Fairs during the time of such Markets and Fairs upon pain to Pay and Forfeit the Sum of Forty Shillings for every Offence by him her or them committed contrary hereunto And that no Person or Persons within this City or the Liberties thereof shall buy any such Wares Goods or Commodities so Expos'd by such Person or Persons to Sale contrary to the true intent and meaning hereof upon pain to Pay and Forfeit for every Offence by him her or them committed contrary hereunto the like Sum of Forty Shillings And for the better Prevention of the said Mischiefs for the future it is hereby further Enacted and Ordained That no Keeper or Keepers of any Tavern Inn Ale-House Coffee-House or other Publick or Private House whatsoever within this City or the Liberties thereof shall permit or suffer any such Hawker or Wandring Pedler or Petty Chapmen in his her or their House or Houses Shop or Shops or other Place or Places belonging to him her or them to Sell or expose to Sale any small Wares or other Goods or Merchandizes contrary to the true intent and meaning of this present Law And that in Case any such keeper of any Tavern Inn Ale-House Coffee-House or other publick or private House within this City or the Liberties thereof shall Offend therein that then and in every such Case every such Person and Persons so Offending shall for every such Offence Lose Forfeit
and Pay the Sum of Forty Shillings of lawful English Money And it is hereby also further Enacted and Ordain'd That for the better putting in Execution the Laws and Statutes of this Realm a good and sufficient Whipping Post and also a good and sufficient pair of Stocks at or before the said First Day of August shall be made provided and set up if not already done in some convenient and publick Place in every respective Ward within this City and shall be from time to time kept in good and sufficient Repair at the Costs and Charges of the several and respective Wards of this City And it is hereby further Enacted and Ordain'd by the Authority aforesaid That all and every the Forfeitures Penalties Sum and Sums of Money so Forfeited and to be paid by Force and Virtue of this present Act as aforesaid shall and may be Sued for and Recovered by Action or Actions of Debt to be brought and prosecuted in the Names of the Chamberlain of this City for the time being in any of Their Majesties Courts of Record within this City where Actions of Debt may be brought and that the Sum and Sums so recovered the Costs of such Suits being first deducted shall be disposed of as followeth Viz. One Moiety to the use of the Mayor and Commonalty and Citizens of this City and the other Moiety to him or them that will first Discover and Sue for the same according to the ancient Custom of this City in that behalf Provided always nevertheless That this present Act or any Thing therein contained shall not extend to or be construed or taken to hinder or prevent any Maker or Makers of any Stuffs Silks Wares or Goods whatsoever from carrying or causing to be carried abroad any such Goods by him or them so made to Sell or expose to Sale to any the Inhabitants Freemen of this City or the Liberties thereof exercising the Trade of Selling and uttering by Retail or Wholesale such respective Goods and Wares who shall or may Buy the same to Sell again any thing in this present Act contained to the contrary thereof in any wise notwithstanding And whereas also divers good Acts have been heretofore made and are still in force to prevent the irregular and disorderly Selling or exposing to Sale out of the lawful Markets Fish Fruits Roots Herbs and Plants under severe Penalties therefore it is hereby Declared and Provided That no new or further Penalty Imposed by this present Act shall extend to any Person or Persons Inhabiting in this City or the Liberties thereof for selling or exposing to Sale any of the said Goods or to Prohibit any Person or Persons from buying any of the same What Alterations may happen before the Passing by the various Interests or Opinions in Common-Councel shall be duly Noted and Advised of The City and Countrey press so hard on our Promise in April last for an Account of all these Affairs following That we could not stay any longer tho' this BILL is ready to pass into an ACT as above Whosoever shall know of any Money Forfeited by willful Breach of this BILL or ACT when Passed and will not themselves Prosecute are desired but to send the needful Particulars in a Letter to Mr. Holt and Company and all due Care will be taken thereof An ABSTRACT of the CASE of the Cities Corporations and Market-Towns of England of the present Act of the Common-Councel of London of the late BILL in Parliament of the Present Laws against Pedlers c. with Plain Directions for putting the same in Execution Abstracted from the various Writings Prints and Proceedings followed on that Occasion thro' all kinds of Difficulties with all Diligence and Faithfulness for these Four Years last past by which all known Objections are Answer'd and Matters of Fact Attested at large To For and By RICHARD HOLT and Company who have been at the Whole and Continual Charge thereof and now humbly Dedicate the same to all Persons who are Generously Inclined for the PUBLICK GOOD THE said Corporations Markets and Market-Towns which are the Wombs of Trade do encrease their Respective Trades and Values according to the Incouragement they receive by Mutual Commerce and that Commerce receives its Bounds and Improvement from such Regulations as our former Laws have aim'd at and intended tho' some Difficulties have been found in putting the same in Execution partly for want of a right Understanding by the Constables and other Officers and Persons concerned but most of all by Reason of the Charge and Trouble that attends the Prosecution of them especially against Rogues and Vagabonds most Persons imagining that others enough will Contribute without them and so every Bodies Business becomes no Bodies and the whole Suffers For so it is by the present Irregularities of Pedling and Hawking by Foot and Horse-Packmen and such Wandring and Unaccountable Persons who pretend to sell by Retail or by Wholesale That I. They can neither themselves be duly Tax'd or made Serviceable to the Offices and Duties of the Publick but on the contrary they carry away the Straw and leave others to make the Bricks without it II. They Undermine Discourage and Ruin many Thousands of Honest Lawful Settled Traders and Manufacturers and their numerous Families by which III. They cause great Impoverishment and Devastations in the said Markets and Towns and consequently the Disimprovements and Downfal of the Rents and Profits both in about and near the same For how can the Towns subsist to take off the Product of the Countrey and receive back no Advantage by Trade from it IV. They are the occasion of Making Vending and Dispersing Uncustomed Imperfect and Deceitful Wares false News secret Plots and pernicious Books and also of Deceiving Abusing and sometimes of Robbing and Destroying Their Majesties Good Subjects and Corrupting their Servants V. Of the great hindrance of Their Majesties Revenue in their Taxes Customs Excise and Postage of Letters especially cross the Countreys and of the safety of Families and of the Peace and good Government of the whole Kingdom VI. Of the hindrance and discouragement of serving Apprenticeships and thereby Exposing Youth for want of lawful Callings to great Hazards and Misfortunes and but too often to untimely Ends. VII Of the preventing of good Neighbourhood and mutual Credit and consequently the Consumption of Goods and Commodities of English Growth and Manufactures by destroying the right and lawful Markets and preventing Investments of Stocks in Goods by proper and able Tradesmen VIII Of the rendring useless both Merchants Shop-keepers Artificers Ships of Burthen and Trade to Remote Parts as is most clearly made out at large and consequently thereby IX Of making this most Noble and Potent Island the which subsists chiefly by Trade more weak and the more obnoxious to the Power of France and all the rest of its Enemies The deep sense of the Premises hath caused many Applications and Petitions from all Parts of the Kingdom to their respective