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<NAME>Mona Logarbo</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<P>CLERICVS MERCATI, &amp;c.</P>
<P>An Humble Remon&s;trance of the &s;eve|rall Heads and ground-worke conceived, for the draught of a Bill of Information, to be exhibited into the High Court of PARLIAMENT.</P>
<P>Concerning the generall Clarke of the Market, and the Legall proceedings thereof.</P>
<P><FIGURE>
<FIGDESC>printer's or publisher's device</FIGDESC>
</FIGURE></P>
<P>LONDON, Printed <HI>Anno Dom.</HI> 1641.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD><HI>Clericus Mercati, &amp;c. &s;&s;.</HI> An humble Remon&s;trance of the &s;everall 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, &amp;c.<LB> Viz.</HEAD>
<P>_FOra&s;much as the plenty of every Common-wealth, doth princi|pally con&s;i&s;t upon mutuall com|merce and Traffique, and &s;uch Co~merce is &s;olely continued by the conformity and equality of Weights &amp; mea&s;ures; &s;o on the contrary (the diver&s;ity of weights or mea&s;ures) in|troduceth many frauds and deceipts; The exami|nation and reformation whereof, together with the Inqui&s;ition and puni&s;hment of the deceipts and a|bu&s;es practi&s;ed by uncon&s;cionable per&s;ons, buying or &s;elling by weights or mea&s;ures, doth anciently &amp; properly appertain to the duty &amp; office of a Clarke of the Market; And as the ju&s;t and due examinati|on of the &s;aid Office, is very nece&s;&s;ary and behoove|full for the publique weale of the Kingdome, &s;o the mi&s;&s;e-after thereof, doth draw and procure many
<PB N="2" REF="3">
grievances and oppre&s;&s;ions upon his Maje&s;ties loy|all &s;ubjects, for redre&s;&s;e &amp; prevention whereof, the&s;e en&s;uing particulars, would be maturely con&s;idered off. <HI>viz.</HI></P>
<P><HI>The Office it &s;elfe is executed diver&s;ly. viz.</HI>
<LIST>
<ITEM>1. By the Kings generall Clarke of the Market.</ITEM>
<ITEM>2. By the Clarks of the Dutchy of <HI>Lanca&s;ter.</HI></ITEM>
<ITEM>3. By Magi&s;trates of Cities &amp; Corporate Townes.</ITEM>
<ITEM>4. By &s;undry other Charters &amp; Fra~chi&s;ed Liberties.</ITEM>
</LIST></P>
<LIST>
<ITEM>1. <HI>The Kings Clarke of the Market is charged, &amp;c. viz.</HI>
<LIST>
<ITEM>1. For taking common Fynes.</ITEM>
<ITEM>2. For exacting more Fees then are due.</ITEM>
<ITEM>3. For impo&s;ing Fynes without due tryall of of|fences.</ITEM>
<ITEM>4. For quarrelling with Weights and mea&s;ures produced before him, for the purpo&s;e onely to get new Fees for the &s;ealing thereof.</ITEM>
</LIST></ITEM>
<ITEM>2. <HI>The Dutchy Clarks are charged, &amp;c. viz.</HI>
<LIST>
<ITEM>That the Office is executed by them, without re|&s;pect of ea&s;e to the Subject, for the lands of the Dutchy being &s;o intermixed with the lands of the Guildable, and the Liberties of both (in many pla|ces) lying in very &s;mall parcells together, &s;o that neither Officer can make a rea&s;onable dayes worke or court, without much trouble to the &s;ubject, in calling &s;ome of them 12, and &s;ometimes 16 miles di&s;tance and remote from either Courts; And where
<PB N="3" REF="3">
a Towne or Tything is part Guildable and part Dut|chy, there the Dutchy Clarke &s;ummoneth all, and taketh Fees of all per&s;ons, and the Kings generall Clarke, comming after him doth the like with the Guildable, to the double grievance of the Tennants and Re&s;iants of them both; And moreover the Dut|chy Clarke is not free from the particulars afore|&s;aid, layed to the Kings generall Clarks charge.</ITEM>
</LIST></ITEM>
<ITEM>3. <HI>The Clarkes of Cities and Townes Corpo|rate, are charged, &amp;c. viz.</HI>
<LIST>
<ITEM>1. That they con&s;i&s;t mo&s;t of Trade&s;men, as Bakers, Brewers, Maul&s;ters, and Inholders or the like, who for the mo&s;t part are offenders, yet are made prin|cipall Officers, and in the&s;e al&s;o, with the re&s;t, the Clarke&s;hip of the Market doth re&s;ide, and tho&s;e ra|ther intend their owne profits, then publique con|formity.</ITEM>
<ITEM>2 That the&s;e al&s;o under colourable pretences, give allowance to greater Mea&s;ures then the Law alloweth, &s;ugge&s;ting thereby that the trade of their Towne is increa&s;ed, the buyers enriched, and the poore more plentifully u&s;ed, whereas in truth it be|getteth confu&s;ion and leaveth the &s;ubject, the one to defraud the other.</ITEM>
<ITEM>3. That the&s;e al&s;o being both Judge and party within them&s;elves, no puni&s;hment &s;eemeth gree|vous, in re&s;pect the Fynes (for the mo&s;t part) being their owne, the forfeiture is &s;eldome taken, by rea|&s;on the fault is among their natives generally.</ITEM>
<ITEM><PB N="4" REF="4">4. That the&s;e likewi&s;e commit the tru&s;t and cu&s;to|dy of their Seale to one of their Serjeants, and the &s;izing of their Mea&s;ures to &s;ome poore Cooper of their City or Town, both which per&s;ons, being but in nature their &s;ervants, and are in &s;uch &s;ubjection, as they dare not offend, and by this means all mea&s;ures are made there of an extraordinary large content, for the buyers advantage; for it is evident, that mo&s;t corporate Townes, buy in by the greater mea&s;ure, and &s;ell out by the le&s;&s;er, which is a mon&s;trous op|pre&s;&s;ion to the Subject.</ITEM>
</LIST></ITEM>
<ITEM>4. <HI>The Clarks of other Franchi&s;es, Leets, or Liberties, are charged, &amp;c. Viz.</HI>
<LIST>
<ITEM>That the&s;e for the mo&s;t part doe no execution of this kind at all, and where they doe, it is out of cour&s;e, for no reformation en&s;ueth, which is rather a protecting of offences, then a puni&s;hing; for all the&s;e (with many others) the imputation lyeth, and is alwaies objected to the Kings Clarke of the Mar|ket; for the Country (ignorantly &s;uppo&s;ing) there &s;hould be no other Clarke but him and his Depu|ties, finding them&s;elves reformed by him onely, and others at Liberty and not reformed, ca&s;t all the &s;candall and reproach on the Kings Officer onely.</ITEM>
</LIST></ITEM>
</LIST>
<P><HI>To remedy all the&s;e mi&s;carriages, and that a faire and legall cour&s;e may be held in generall through|out the Kingdome, as well within Liberties as without; Jt may be enacted according to the&s;e en&s;uing particulars. viz.</HI></P>
<LIST>
<ITEM><PB N="5" REF="4">1. That no per&s;on be cho&s;en to execute the &s;aid Office, but &s;uch as &s;hall be of &s;ufficiency in e&s;tate, to be re&s;pon&s;able for all wrongs done by them, and of ability to execute the duties incident to the &s;aid Office.</ITEM>
<ITEM>2. That &s;uch per&s;ons as &s;hall be cho&s;en and autho|rized to execute the &s;aid office, &s;hall before he med|dle with the execution of the &s;ame, enter into a re|cognizance in a good &s;umme of mony, and al&s;o take a corporall oath, to execute the &s;aid office ju&s;tly and uprightly during the time he &s;hall continue in the &s;aid office, without exacting unju&s;t fees, or di&s;char|ging offenders without puni&s;hment.</ITEM>
<ITEM>3. That no per&s;on authorized to execute the &s;aid office, receive any greater fees then anciently have been accu&s;tomed, and hereafter are allowed and ex|pre&s;&s;ed, nor receive any common Fine, or any gift or reward for di&s;charging of any offence inquirable or puni&s;hable by or before him, upon payne of for|feiture of a good &s;umme of money, being thereof lawfully convict.</ITEM>
<ITEM>4. That the &s;aid office be not granted to the chiefe Officer of any City, Borough, Towne Corporate, or Market Towne, for that &s;uch per&s;ons (for the mo&s;t part) acquire their chiefe&s;t livelihood by buy|ing and &s;elling, and are generally con&s;cious of the frauds and deceipts committed in different Weights and mea&s;ures, and therefore altogether neglect the due execution of the &s;aid Office.</ITEM>
<ITEM>5. That the &s;aid Office be not granted unto &s;uch per&s;on or per&s;ons, who have the Fines and Amerce|ments &s;et by or before the Clarke of the Market,
<PB N="6" REF="5">
granted unto them, becau&s;e &s;uch per&s;ons ayming at their owne particular profit, doe impo&s;e immode|rate Fynes upon offenders, and therefore are not compotent Judges in &s;uch ca&s;es.</ITEM>
<ITEM>6. That whereas every City, Borough, Town Cor|porate and Market Towne, doth now a dayes &s;trive to exceed each other in the greatne&s;&s;e of Weights and Mea&s;ures, well knowing that all buyers will frequent that Market, where they may have greate&s;t mea&s;ure, and that all &s;ellers mo&s;t repaire, where there are mo&s;t ready buyers; therefore that every Ci|ty, Borough, Towne Corporate, and Market, might keepe and maintaine a common Bu&s;hell or two (ac|cording to the greatne&s;&s;e of the Market) containing full eight gallons neither more nor le&s;&s;e, and agree|ing to the &s;tandard of his Maje&s;ties Exchequer, and not &s;uffer any other mea&s;ures to be u&s;ed, but &s;uch as &s;hall be agreeable to the &s;ame mea&s;ure in quantity or even proportion, and that the &s;ame mea&s;ure or mea&s;ures, may be continually (e&s;pecially upon the Market dayes) hanging up fa&s;t fixed with a chayne in the publique Market-place, &amp; al&s;o common with both <HI>Troy</HI> and <HI>Avoirdupoi&s;e</HI> ready in the &s;ame Mar|ket, to be u&s;ed by the &s;ubject, both buyer and &s;eller as need &s;hall require.</ITEM>
<ITEM>7. That whereas mo&s;t Bakers doe u&s;ually buy their corne, by a Bu&s;hell which &s;hall containe ten gallons, and &s;ometimes more, and yet doe neverthele&s;&s;e a&s;|&s;ize their bread, but after the rate of eight gallons to the bu&s;hell and &s;ometimes under; That no Bakers doe buy by any other mea&s;ure, then after eight Gal|lons to the bu&s;hell, and eight bu&s;hells to the quar|ter,
<PB N="7" REF="5">
upon a good penalty; unle&s;&s;e he buying by any other degree or even proportion, warrantable by Law or common u&s;age, may alwaies be con&s;trained to a&s;&s;ize his penny and halfe-penny loaves accordingly.</ITEM>
<ITEM>8. That no Chandler, Badger, Loader, Miller, Meale|man, Maultman, or any other per&s;on doe keepe, buy, or &s;ell by any other mea&s;ures then as afore&s;aid.</ITEM>
<ITEM>9. That every per&s;on doe buy or &s;ell their corne and grayne, or other commodities by ju&s;t and equall Weights and mea&s;ures agreeing with the &s;tandard of the Exchequer, and that every &s;uch mea&s;ure be even &s;triked and not heaped up, &amp; that the &s;trike or &s;trickle wherewith the &s;aid corne or other commodities &s;hall be &s;triken, be made even, and not above the thickne&s;&s;e of one inch in breadth, without any manner of run|ning in the &s;toping or hollowne&s;&s;e of it, now too much abu&s;ively u&s;ed in publique Markets; and that the u&s;e of all Roles, and other deceitfull &s;trikes, now u&s;ed in mo&s;t parts of the Realme, be ab&s;olutely &s;up|pre&s;&s;ed, being &s;o evident, that by the u&s;e of them, the &s;eller is alwaies extreamly injured and oppre&s;&s;ed.</ITEM>
<ITEM>10. That no Baker &s;ell, nor any other per&s;on or per&s;ons buy to &s;ell againe, above 13 peny-loaves for 12. pence, and that no poundage be given by the Ba|ker to any Inkeeper, Victualler, or any other per&s;on, in money or otherwi&s;e.</ITEM>
<ITEM>11. That all Inholders and Ho&s;tlers, doe &s;ell their Hay and Provender at indifferent rates and prizes, and that every of them have one Gallon mea&s;ure &s;ealed, and agreeing with his Maje&s;ties &s;aid &s;tandard, hanging fixed with an Iron chayne at his &s;table or ho&s;trie doore, publike in the view of all his gue&s;ts.</ITEM>
<ITEM>12. That wheras the exce&s;&s;ive gaine of Innes, Victu|alling
<PB N="8" REF="6">
hou&s;es and Ho&s;tries, is mo&s;t grievous to the Co~mon-wealth, which is chiefly occa&s;ioned by gree|dy de&s;ire of unlawfull gaine, in letting to farme their Ho&s;tries and Tap-hou&s;es to their Ho&s;tlers, &s;ervants, and Tap&s;ters, &s;ome paying to the Ma&s;ter 15. s. for that barrell of Beere, for which the Ma&s;ter paid 8. s. or le&s;&s;e to the Brewer, and 11. s. 8. d. for the bu&s;hell of Oates, which co&s;t the ma&s;ter but 14. d. 18. d. or 20. d. at the mo&s;t; thereby enforcing the &s;aid Ho&s;t|lers and Tap&s;ters, to &s;ell to the Kings Subjects, by farre le&s;&s;er mea&s;ure, then the Kings &s;tandard, to make them&s;elves &s;ome profit by the &s;aid Farme; it being often found by &s;urveigh of the generall Officers Depu|ties upon examination of the &s;aid Mea&s;ures, that the halfe peck, which &s;hould containe eight pintes, hath not contained full five pintes, and the groat Jugges &s;old for 4. d. hath not contained two quarts, which &s;hould containe foure, and the 2. d. Jugges not a full quart by the &s;tandard, which &s;hould containe two quarts.</ITEM>
<ITEM>13. That it may be enacted, that no Inkeeper, Vi|ctualler, or Ho&s;tler, doe let or &s;et to Farme his Sel|ler, Tap-hou&s;e, Stable, or Ho&s;try, but to keep the &s;ame in his owne hands, and &s;ell onely by lawfull mea&s;ures, &s;ealed, and agreeing with the Kings &s;tandard, and to &s;ell his Hay and Provender, for moderate and indiffe|rent prizes, <HI>viz.</HI> A fourth part in the valew over and above the rates in the Market, as it &s;hall bee then from time to time; and this to be performed upon forfeiture of a good &s;umme of money for every of|fence found and pre&s;ented by Jury.</ITEM>
<ITEM>14. That no per&s;on or per&s;ons &s;hall vent or &s;ell his
<PB N="9" REF="6">
Beere or Ale by Iugges or Stone pots, that &s;hall not containe full pintes, quarts, pottles, gallons, and that no &s;uch pots or jugges be imported or made within the Kingdome, but &s;uch as &s;hall be of the proportion and content in quantity as afore&s;aid, and to have &s;ome marke of di&s;tinction in the framing of them, which may be con&s;picuous to all men.</ITEM>
<ITEM>15. That Brewers be re&s;trained from &s;elling their Beere and Ale at exce&s;&s;ive rates, as at ten &s;hillings, twelve &s;hillings, fourteen &s;hillings, fifteene &s;hillings, eighteene &s;hillings, and &s;ometimes twenty &s;hillings the Barrell, but that all Brewers brewing to &s;ell in Hoggs-heads, Barrells, Kilderkins, or Firkins, may be confined, to &s;ell according to the Statute of 23. <HI>Hen.</HI> 8.</ITEM>
<ITEM>16. That whereas there is yet no direction, nei|ther by Statute, nor other Order, to guide any Offi|cer for the true A&s;&s;ize of Bread, made of any graine but Wheat onely, and that the Bread mo&s;t u&s;ed to bee put to Sale by Bakers, for the reliefe of the poo|rer &s;ort, is made of Rye or Ma&s;slyn, which is Wheat and Rye or Barley mixed together, in which the poore are daily pinched and wronged; may it therefore plea&s;e this Honourable A&s;&s;embly, to take the &s;ame into their con&s;ideration, and pray that the Officers of his Maje&s;ties Bake-hou&s;e, may be dire|cted to make a tryall of the &s;ame Graine, and in their judgements upon their Oathes &s;et downe a certaine A&s;&s;ize to guide both Officer and Baker, beginning from Twelve &s;hillings the quarter unto 3. l. 6. d. the quarter, for want of which experiments,
<PB N="10" REF="7">
the common Bakers are at their own appoinment for &s;ini&s;ter advantage, but the poore are ground inevita|bly by uncon&s;cionable Bakers.</ITEM>
<ITEM>17. That whereas the u&s;uall cour&s;e for the di&s;cove|ry of the&s;e and other offences inquireable by the fore|&s;aid Clarkes of the Market, is either by making par|ticular &s;earch or by generall &s;ummons, neither of which being able to make a perfect di&s;covery, it being &s;till voluntary hone&s;ty, whether any will leave (or &s;helter) their fal&s;e Mea&s;ures or Weights at home or not; That the Clarks of the Market or their De|puties, may be enabled to give oath to &s;uch as &s;hall give cau&s;e of &s;u&s;pect, whether directly or indirectly, he hath any fal&s;e weights or mea&s;ures at home, or in the cu&s;tody of others.</ITEM>
<ITEM>18. That the originall &s;tandards of the Exchequer may be reviewed and examined, to &s;ee whether they differ in proportion the one from the other or not; fora&s;much as the bra&s;en Quart &s;tandard, hath beene found different from the other, occa&s;ioning the Offi|cer to mi&s;&s;e guide or frame &s;ome me<GAP DESC="illegible" EXTENT="1 letter">&s;ures uncertain, if corrected by that originall quart &s;tandard.</ITEM>
<ITEM>19. That whereas there are at this day in divers Ci|ties, Boroughs, and Corporate Townes, and in many other parts and places of the Kingdome (e&s;pecially in the Northerne and We&s;terne parts and Dominion of <HI>Wales</HI>) fal&s;e and deceitfull Weights and mea&s;ures, of different contents one from another, and all repug|nant and di&s;agreeing from the originall &s;tandard of his Maje&s;ties Exchequer, appointed (by Law) to bee the rule and direction for them all; may it be enacted upon a &s;evere penalty or forfeiture of Franchi&s;es, that upon a &s;et time pre&s;cribed a due reformation &amp; con|formity
<PB N="11" REF="7">
may forthwith he obtained and procured, within all &s;uch refractory Franchi&s;es or Liberties.</ITEM>
<ITEM>20. And la&s;tly, that the ancient and accu&s;tomed Fees, which have been formerly by long cu&s;tome and u&s;e approoved off, and &s;etled by &s;undry Proclamati|ons appertaining to the generall Clarke of the Market onely, and to none other &s;uch like Officer; may be re|vi&s;ed, con&s;idered, ratified, confirmed, and declared by publique authority, and &s;o made plain and con&s;pi|cuous to generall view and notion; To the end &s;uch a nece&s;&s;ary Officer, and his &s;everall Deputies may be &s;upported, continued, and encouraged to execute their places with diligence and integrity, the which acquire &s;uch a&s;&s;iduall trouble, travell, and charges; Fora&s;much, as it doth and may appeare that the Country general|ly in former times, have borne this Officers charges, be&s;ides his recompence, whereupon a particular Sta|tute was afterwards enacted, re&s;training and confining him to travell but with &s;ixe hor&s;e, to avoid (as it &s;ee|med then) unnece&s;&s;ary burden and charges to the &s;ubject.</ITEM>
</LIST>
<P><HI>The &s;ub&s;tance and contents of a Booke of A&s;&s;ize and plain direction, as well for Officers as the &s;ubject generally, and how to under&s;tand and put into ge|nerall practi&s;e and execution, all, and every the contents of the premi&s;&s;es which &s;hall be thought meet and expedient; The Tract is entituled <HI>The generall Clarke of the Market,</HI> ready compo&s;ed and provided for the Pre&s;&s;e and publique u&s;e and &s;ervice of the Common-wealth of <HI>England</HI> and <HI>Ireland,</HI> and Dominion of <HI>Wales,</HI> &amp;c. viz.</HI></P>
<DIV2 TYPE="part">
<PB N="12" REF="8">
<HEAD>The Argument, Contents, di&s;po&s;ition, and conveni|ent u&s;e of the whole worke, &amp;c.</HEAD>
<P N="1">1. A plain declaration of the generall proceedings of the Clarke of the Market, or a true A&s;&s;ize of all things vendible by Weights or mea&s;ures, drawne and collected as well from the &s;acred Lawes of divine in|&s;titution, as al&s;o from the common Lawes and pra|cti&s;e, and mo&s;t ancient Statutes of this Kingdome of <HI>England</HI> &s;till in force and unrepealed.</P>
<P N="2">2. Together with a true and generall calculation of all &s;orts of Weights and mea&s;ures, with a proportio|nable differnece, yet ju&s;t agreement upon due and lawfull A&s;&s;ize, with a nevv revi&s;ed and enlarged booke of A&s;&s;ize for bread alone, nece&s;&s;ary for the u&s;e a&s;well of publique Officers as common Bakers; and al&s;o ve|ry fit to be knovvne, under&s;tood, and practi&s;ed by all men generally, e&s;pecially in matters of mutuall com|merce and Traffique, betweene man and man, one Countrey and another, whereby a ju&s;t and equall con|formity upon Weights and mea&s;ures, may be alwaies and every vvhere practi&s;ed and ob&s;erved proportiona|bly, according to the &s;tandards of his Maje&s;ties Ex|chequer; neverthele&s;&s;e every County or Shire may re&s;erve among them&s;elves, their ancient cu&s;tomes and u&s;ages, avoiding all colour of any &s;ini&s;ter fraud or deceipt.</P>
<P N="3">3. And la&s;tly, a due regulation of that mo&s;t anci|ent Office of the Clarke of the Market of the Kings Hou&s;hold according to its Primary and fir&s;t in&s;titu|tion, dige&s;ted into a plain &amp; &s;etled forme and demon|&s;tration (by way of an Inqui&s;ition) to be holden
<PB N="13" REF="8">
before him, or any other Officer, that hath lawfull power or juri&s;diction therein; very beneficiall for all his Maje&s;ties Subjects in generall, but chiefly for all Majors of Corporations, Bayliffes of Liberties, Por|treeves, Con&s;tables, Ale-ta&s;ters, Tything-men, or a|ny other Officers, to whom the weekely or monethly ob&s;ervation of the due A&s;&s;ize of all things (e&s;pecially of Bread, Drinke, or any other victuall) doth, &s;hall, or may appertaine, very need full to bee practi&s;ed throughout his Maje&s;ties Dominions, as well within Liberties as without.</P>
<CLOSER><SIGNED>Per me <HI>BEN: AGAR.</HI></SIGNED></CLOSER>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
