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Papers of the Winthrop Family, Volume 1

Common Greuances Groaninge for Reformation1
Winthrop, John Ryece, Robert

1624

1 greuance. the daylye encrease of the multitudes of papistes

Remedye. It is desired that all papistes may be excommunicated in theire parrish churches euery 6 monthes, and vpon there not conformitie, the Significavit to be sewed owt against them. And that some fundamentall lawe may be made 296for to remove all theire Children from them, to be trained vp in the truth and syncerity of Religion at theire owne charges.

Motiues 1 They carye such wicked myndes to the State, that thar all wayes in study and action howe to betray yt and theire naturall Soueraigne into the handes of forreigne power, the greatest adversary which our Land hath.

2 This wilbe a great meanes to provide for defence of Religion and the safty of our Land.

3 Yt will in short tyme much decrease theire nombers, whoe now by our long sufferinge are much emboldened and dayly encoraged by the protection and mayntenance of forreigne partes.2

2 greuance. the remoueall of indightementes. 3

Remedye. That noe Indightmente may be remoued owte of the Countye or Courte where they were found, without a full consente of the Court or Sessions, but that they may be confessed, fyned or trauersed in that Court or place where yt was first fownd and presented.

3 greuance. abuse aboute presentementes and commutation of penance.

Remedye. That in all presentmentes into the Ecclesiasticall Courtes for matters of cryme as adultery, whoredome Inceste and such lyke, none shalbe admytted to purgation without lettres proclamatory sent 15 dayes before the Court vnto the 297minyster and parish from whence the presentment came. And that noe commutation of pennance for any offence whatsoeuer, may be without the consent of the mynister and parrish where the fact befell, and that one third parte of the penance comuted may goe to thuse of the poore of the parish, as in settyng forth poore mens children to service and to be apprentices.

4 greuance. many vniustely traduced for conventicles

Remedye. It is humbly intreated that this terme of Conventicle may be explaned and defined, to thend that yt may be truly knowne whoe doe offend in the same, that he may be well ponished accordingly: For yf it be a private assembly yt is euer vsed in the woorst parte, that is of seditious and yll disposed persons: or yf it be whereto the nomber of 2 and vpward are mett together to doe an vnlawfull act, or if yt be as the Cannons affirme A secrett metynge of the Layetie, Clargie or both, challenginge vnto themselues the name of a trewe and lawfull church;4 by vertue whereof consulting and conferring, yt doth devise enact and establish, without the Kynges aucthoritie Rewles orders and constitutions, in matters and causes ecclesiasticall (vnto which they doe submitt themselues to be rewled and gouerned)5 to the empeaching and depraveing of the booke of Cannon sic Prayer, or some parte of the gouermente or discipline of the Church of England there nowe established.6 Lett euery one be seuerely ponished that shall in this sort offend.7

5 greuance the common scarcitie of woode and tymber in most places of this Realme, increased by the small preseruation of the owners, whoe are discoraged to mayntaine and provoked to fell by the vnrewlines of the poorer sort, whoe doe from tyme to tyme by day and night make all havoke and wast of any thing that is cherished and preserued.

Remedye. Noe owner or Farmor that shall fell any tymber tree or Bowlyng, for his owne buildinges or reparacons but to plant 2 trees for euery one that he felleth and to be carefully preserued for 7 yeares after, And whosoeuer shall fell any tymber trees or Bowlinge to sell, to plant 3 trees for euery one that he felleth:

2 None to stubbe vp any grownd wood to the vallewe of one acre or more, without the consent of the 2 next Justices of peace, who haueing a commission sewed owt by the owner of the wood shalbe authorised by the oath of 12 men to enquire what damage yt shalbe to the Commonwealth, vpon the retorne of which commyssion yt shalbe eyther allowed or disalowed.

3 Whosoeuer shall lopp or cobb, any trees or tymber trees or otherwise shall 298cut any grownd wood or any quicke,8 or seuerall spring9 in any hedges, or shall breake vp or carry away any sortes of gates, Stiles, Bridges, leane trees, payles postes, rayles, hedges or any yong planted trees, shall lie in the howse of Correction and vnder the orders of the howse, vntill the next Justice doe remytte him.

4 Whoseuer shall sell any stollen woode or offer yt to be sold shalbe whipped in the next markett.

5 Whosoeuer shall buy any stollen wood shall likewise be whipped in open markett and pay treble the vallewe thereof to thuse of the poore of the howse of correction.

6 greuance. the extraordinary casualties and diuastation by fyers.

Motiues. 1 The exceedeing ruine of buildinges, wherein consisteth the majestie of kingdomes.

2 The earth the first parent of all materialls waxeth aged and barren in produceing her wonted supplie for such defectes.

3 This declineing age stirreth vp all sortes to frugalitie and parsimonye.

4 The multitude of persons overthrowne by this meanes occasioninge a multiplicitie of patentes for ayde and releife: wherein albeit the commendable collection which is raysed toward releafe of fellowe feeleing necessity be greate: yet what with deputie collectors apparitors and Registers not halfe cometh to the patentes handes.10

5 He that sawe his neighbours misery yesterday hath cause to feare his owne to day.

6 This accidente befalleing whiles euery one owte of a tender affection is more ready to bewayle, then by stody of good meanes to prevent, rather taketh harte to encrease, then cause to abate.

7 The ground of such great losses, ar, vntrustines of recles servantes, heedeles dames, careles maisters, and a supine negligence in all sortes, which after the greatest mishapps goe away vnponished or vnreproved: whereas yt weere more safely that euery one shold be tyed to looke more warely to soe common an adversary.

Remedye. Soe sone as any fier befalleth, the next Justice of the peace shall presently send for the master of the howse to take recognisance of him or his sufficient dupitie for apparance at next quarter sessions, where the matter may be duly examined how the fier beganne wherein if yt shall appeare that the servant haueing all convenient tyme with all fytt matter and meanes for the dispatch of the busines intended, and yett was careles and negligent, the Court to commyt the servant to the howse of correction for 2 months etc.

But if the maisters be found guiltie, whoe through a gredines to dispatch much woorke with litle helpe at vnseasonable tyms in the night seazon, or in tempestious wyndy weather doe sett theire servantes or children voyde of yeeres and discretion about workes above their reach and vnderstandeyng, often tymes 299haueing noe fitt meanes or place, and soe oftentymes, wholl howses, streetes and parishes are burned, because that he was negligent of his owne good, is presumed may be recles of the common good, shall at the discretion of the Court be fyned and condemned to pay at the least the summe of v li. to the treasorer of the Kynges bench and marthialsey for that divysion, or else to be commytted vnto the Gayle vntill etc.

But yf the party ruynated and burned be soe heereby decayd as he is not able to satisfie the sentence deliuered, because to ad affliction to affliction, ys not fyttyng for a Christian, and the lawe aymeth at the common good of euery one in generall, rather then at any particular vse sole, then the Court is to fyne him at theire discretion soe as the fyne or censure, be not soe litle as that it doth occasion a contempte of lawe and magistracie.

All pilferers and robbers in the tymes of fires and such casualties are to be ponished more severely and without all benifitt of their clergie.

7 greuance. aboute the statute for mendinge of hie wayes.

Remedie. The Survayours to be elected for one wholl yeere and for theire sommer worke appoynted by Statute to haue power not onely vpon the first sunday after Easter but vppon any sunday followeing vntill one fortenight after midsommer as the weather shall falle owte to be moste drie and fyttyng, to appoynt soe many dayes in the weeke followeing, as they shall thinke fytting soe as none be constrained to worke above 6 dayes for theire Sommer woorke.

2 The Surveyeours to haue power, at the charge of the owener, to cause forthwith the ditches lyinge all alonge the high waies to be scoored which doe overflowe and decay the hie way, and soe fell cutt and take any materialls groweing vpon the hie waye within that parish as trees woode Brome or bushes, for the sole and onely repayre of the decayd wayes, in layeing of whelmes11 Bridges, causes and other suchlike woorkes. And alsoe to lopp and cutt of any bowes or trees shadoweing and overhangeing the sayd hie wayes, leaveing them to the owner.

3 That it may be explaned howe many acres doe make a plowe lande, vnder the which nomber yf any shall occupie and lying in an other towne, to doe one dayes woork of a laborer for euery xx acres and soe proportionable.

4 The Surveyeours before the feast of Michaell followeing shall vpon theire oath before the 2 next Justices of the peace deliuer vp in writeing vnder theire handes a true certificate and accounte of their Summer woorke, what Inhabitantes haue fayled in any of their 6 dayes woorke and how muche, and what the defaultes doe still remaine, as encrochmentes, purprestures,12 nuysaunces and such like vpon paine ech Survayor to forfeitt v li.

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5 And yf any winter worke doe befalle the Survayours the Surveyours to call the Inhabitantes proportionabley to doe, and to rate euery accordinge as the necessitie of that worke shall requier, wherein if any refuse to complaine to next Justice to be bound over to the next Sessions there to be censured accordinglie. And for theire winter worke when any fayleth, to geve vp an accounte thereof at the feast of Easter.

Motiue. Yf the Survayours vpon discrecon in the tyme of wett weather shall appoynte new dayes not nominated the first sunday after Easter, noe Indightment can be framed for not woorkeing vpon any of those newe limited dayes.

2 The Survayours haue noe power to cause forthwith the ditches to be scoored which doe overflowe and decay the hie wayes, neither to lopp or cropp any Bowes Bushes or trees groweing vpon the hie wayes for the mendeing thereof, or dreepeing or ouerhanging the hie wayes, the reformacon whereof whiles yt is referred to Leetes and lawdayes yt is impossible that the Survayour should doe any worke well.

3 Yf the wether prove wett the Survayours can doe litle or noe worke.

4 The Survayours being onely chosen for the Sommer worke whose tyme determineth aboute one month after midsommer, yf there fall owt in wynter any extraordinary tempestes floodes or invndacons whereby Bridges are broken the wayes become impassible with wares, gulls, deepe holes and breaches, theire being noe Survayours nor any to order the worke nor to call or taxe any aboute the speedy repayre of the same.

8 greuance. the groweinge mischeefe of horse stealeinge.

Remedies. 1 Noe Lord of any Fayer market, noe Bayliffe or cheefe governor thereof shall nominate any person as Clarke to keepe the write and Register of all the horses bought and sold in the fayer or markett, which Clarke soe appointed hath not before the begynnyng of the fayer taken his corporall oath before the next Justice of peace to the sayd Fayer for the true entry and writeing of the said fayer or markett boocke according to the Statutes of the Realme vpon paine the Lord of the Fayer to forfeit c li., and the Clarke to forfeitt xx li.

2 The Clarke to sett downe faytfully into his booke the names and surnames of the horse sellers, vouchers and buyers, the places of theire habitacon with the tytles and trades of ech of13 them, with the true prizes for which ech horse is sold or exchanged.

3 And vpon the full viewe and observacon of ech horse sold or exchanged shall note and sett downe the stature of the sayd horse, whither of the Larger sorte, wither a midling, or of the lesser sorte; what pace the horse or gelding hath, whither one or more, what the true naturall coollers be and at the least 3 privy markes yf there be soe many.

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4 And the seller shall sett downe to be noated, how long he hath had the horse, whither he breed him or bought him, of whom he bought him, where he dwelleth and for what price, In any of which circumstances yf the Clarke willingly shall fayle whereby fraude may appeare to loose and forfeit to the true owener of the sayd horse 3 tymes the price for which the horse is sold or exchanged.

5 In all which materiall poyntes aboue sayd yf the horse seller or voucher shall refuce to give fytt answeere, the Clarke to refuse the Entrey, to stay the horse, to apprehend both seller and voucher to be carried before the next Justice to be examined and cleered there vpon.

6 And euery horse seller or voucher whoe shall presente to the Clarke a false name or apellation, title, or place of aboade, and so shall falsely certifie with an intente of fraude and deceipt shalbe ponished with death as in case of fellonie.14

7 The Clarke, within four dayes next after the fayer ended vpon paine of one wholl yeeres imprisonment without bayle or maynprise to certify and geve vp a trewe coppye of that Fayer booke of all the horses sold or exchanged fayerly written and subscribed with his owne hand vnto the said Justice of the peace before whom he tooke his oath, who subscribing his name for his receipt thereof shall deliuer yt in full Court at the next quarter Sessions of that devision to be keept by the Clarke of the peace where yt may alwayes be ready vpon any occasion.

Motiues. 1 The quick corespondency in euery shiere betwene the agentes in this mistery, in midle places, to exchange and vente the booty vpon a reciprocall devision.

2 Corrupt officers of noe good fame are appoynted to keepe the market and Fayer bookes whoe doe not sett downe the true enteries as the right coollers and markes of horses sold and often tymes noe cooller at all nor any marke nor addition nor place of habitacon of the Seller Buyer or voucher.

3 Horse sellers and vouchers doe change their names titles and places of aboade often tymes to delude law and to defraude the owener.

9 greuance. the decay of the aunciente trade of sadlers 15

Motiue. 1 The awncient mistery and company of Sadlers both in London and elsewhere throug owte this Realme who somtymes lived well mayntained their familyes, payd Subsedies and all commonwelth charges, cannot sell their wares 302as in former tymes but are wholly decayd and impouerished, and soe vtterly discoraged in their misteries by reason of the multitude of Coaches and Caroches vsed in euery place, wherby our principall leather wherein we excell all other Contries is wasted and the prices of Bootes and Shoes is much emproved.

2 This equipage of Charrets, Coaches and Caroches was anciently the furniture ensignes ornamentes and honorable privelidges of Emperors Kinges great princes nobles and other greate worthies, whoe defended the Contry by dynte of sword, and euer helped to mayntaine the Commonwelth in peace. But now are vsurped by persons of meane respect quallitie and condicon, whoe neuer keepe hospitalitie in the places where they resyde, much lesse are they in Subsedy of the least vallewe, by reason whereof the safety of passengers in streetes and high wayes is much disturbed and indaungered.

Remedye. None vnder the degree of a Baron or Barons children, other then he that hath borne office in the Commonwelth in place of Judicature, as Justices and Judges in any of the Kinges Maiesties Courts at Westminster or other then he that hath byn imployd in forreigne Ambassage, or that hath had the gouerment of materiall regimentes, shall haue vse keepe or mayntaine for his owne vse and behoofe any Charriot Coach or Caroch, vnlesse he be valued in the Kinges Subsedy booke xx li. lande at the least and vnles at the last muster he shewed and found 2 demy lawnces furnished for defence of the Realme, vpon paine that euery one soe offendeing contrary to this presente act to forfeit the summe of c li. of lawfull mony of England the one halfe to be payd to thuse of the Kinge, the other moyety to the party that shall sewe for the same.

10 greuance. the patentes for collections called breefes. 16

Remedie. That euery Contry might releive theire owne poore and yf the towne be not able, that the Justices might take order at the quarter Sessions to releeve them out of the Tresury of the Kinges bench and martialsey and soe often as yt shall appeare by an account that the tresury hath not sufficient, then the Justices to haue power to rayse yt vpon the Contry.

Motiues. 1 Breifes collected on the Saboth doe much disturbe the devine service and the worshipp of God.

2 The Kinge and his subiectes are much abused, sometymes by false pattentes sometymes by false certificates: the losse being not one quarter thereof, yea often men pretende losses.17

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3 None soe fitt to releeve the poore as the County which may easilie enquire of the certeyntie of the losse of the poverty and lyfe of the partie whither fitt to be releeved.18

4 They haue tyred the Church wardens, and of late hath much disquieted the hie Constables, they haue cutt the throate of charitie amongst all men, litle is given and of that litle soe much to the Breefe farmors Commissary Courtes and other that make Collections, that litle commeth to the pattenties.

11 greuance. scandalous and dombe ministers

Motiues. 1 It is a greuous sinne against god and speaketh heavy to this nation that hath suffered yt all this while.

2 The want of ponishing of them is a great emboldening of them and one especiall cause of the increase of popery and all other wickednes, and of the nomber of them.

3 They doe much harme by theire example, murthering many thousand sowles, which is a crying sinne.

4 There are many godly and painefull ministers which doe want Benefices and are keept owt by these and now would be much encoraged.

Reformation. That all dombe ministers might within 6 monthes after this present Session of parliamente be removed, and their benifices (if any) may be geven by the patrons to some other godly Learned and paynefull minister.

12 greuance. the times prohibiting mariage without licence be had.

Motiues. 1 There is noe Iniunction, constitution Statute or Canon that forbideth mariadge but onely custome.

2 Greate charge troble and daunger to the partie married with such lycence, for which they pay 11 s. or 12 s. enter a band of c li., vpon which they or theire heyres are lyable to be sewed many yeeres after.

3 It is greate perill for the minister that ignorantly shall mary any in the tyme prohibited, or in any manner to be presente at such a marriage, yt incurreth suspension or excommunicacon at the least.

Remedy. It is desired that it may be lawefull for any to marry the Banns being asked 3 severall Sabothes, and noe prohibition made, withowt the procureing any such lycence, that the tymes of Restrainte may be abolished.

13 greuance. the greate delayes in sewtes of lawe.

Remedie. It is desired that noe sute may be prolonged above 4 tearmes and four Court dayes in the civell lawe, or that some other speedy course may be taken for expedition.

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Motiues It will ease the subiect of greate charge and troble, whoe now haue many long iournies and spend much money.

2 In this length of Sewtes the playntife or defendante often dieth before the Sewte be ended, and then they must beginne againe.

14 greuance pluralitie of benefices.

Remedie. It is intreated that none might haue but one Benefice and that whosoeuer now hath 2 or more, and doe not within 6 monthes after this present Session of parliamente resigne all but one into the patrons handes they shalbe voyd ipso facto.

Motiues 1 It is a greate wrong to many parishes, for vsually the curate preacheth not or else is very scandalous.

2 It keepeth many men of deserte and learning, and fitt to instructe, from employment or at the least from convenient maintenance.

3 It much discorageth parentes in bringing vp theire children in learning seing it is soe hard to gett benefices and one man to haue many and others none.

4 It is a greate Iniustice that one man should take the paine and another goeing away with the gaine often tymes takeing 100 for 10 which is intollerable vsury.

15 greuance the ponishinge the subiecte for goeing to another parrish to heare a sermon when there is none in there owne parrish.

Remedie. It is desired none may be ponished for this godly facte eyther by the statute of I Elizab. 2: or by any ecclesiasticall courte.

Motiues. 1 It will tend much to the glory of God and spreadeing of the Gospell, for many shall and will heare sermons, which now sitt at home and dare not goe.

2 It will stay many vncomfortable sewtes betwixt the parrishoners, and other ministers that preach not.

3 It will ease the subiect of much troble, for many bad minded people (not thinkeing the want of a Sermon at home to be a reasonable lett to leave their owne parish which sayd lett the statute alloweth) doe take occasion by Justices and ecclesiasticall courtes to ponish and often to doe pennance for the leaveing of the ministers in the after none when he preacheth not.

16 greuance vnkinde differences about rates and collections for the king church and all the towne charges, what the owte sitter indweller, the pore farmor, the ritch owner, occupier and soiourner shall pay.

Remedie. It is desired some corse and rule may be sett downe howe all these shalbe rated, all rates and taxes confirmed by the Justices and levied as that for the poore by the statute of 43 Eliz. 2: that all officers may geve vp their accounte to the Justices vpon the penaltie of imprisonment, and that the Justices may haue power to conclude all parties as for the overseers of the poore 43 Elizab. 2:

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Motiues. It will be a great ease to many subiectes, whoe beinge often taxed above theire abilitie, refuce to pay, are fetched vp by pursevantes to the greene cloth, or ar put to some other greate charges, and oftentymes haue litle cause, when as it mighte be ended at home by the Justices whoe often doe better know the estate of men.

2 Many constables and church wardens and other officers doe never give vp the account to the parish their being noe statute to compell, and there vpon keepe back much mony in their handes to the greate dammage of the porer sorte whoe sildome come to the sayd officers.

3 It is against equitie that the poore farmor whoe often payeth vse for his stock should paye as much as the rich owner when often tymes the owt sitter and soiorner doe pay nothinge.

4 It will setle much peace, prevent Brawlinge, contention harte burning and suspicions in parishes.

17 greuance the suspension and silenceing of many painfull learned ministers for not conformitie in some poynts of ceremonies and refuseinge subscription directed by the late canons. 19

Remedie It is much desired that such deprived suspended and silenced ministers may, by licence or permission of the Reuerend fathers the Bishops in theire severall Diocesses instruct and preach vnto the people in such places and parishes, where they may be imployed soe long as they shalbe ready to performe that legall subscription appointed by the statute of 13 Elizab: and employ themselues in theire minystery to holsome doctrine and exhortacon, live peaceably and quietly in their calling and shall not by writeing or preacheing impugne thinges established by publike aucthoritie.

Motiues. 1 It hath not onely tended to the greefe of many loyall subiectes, but to the greate increase of popery and all other wickednes.

2 Scandalous and idle ministers haue often byn set in their places, whereby many parishes haue wanted instruction and haue lyen more open to be seduced by yll affected people.

3 It hath removed many from their benifices which was theire freehold and debarred them of all meanes and maintenance for themselues wife and children.

4 These ministers weere very diligent and painefull in the worke of the ministery, with much frute and blessinge one theire labours.

5 These ceremonyes ar by our church of England holden to be but thinges indifferent, and noe parte of godes worshipp, and therefore the lesse cause that they should be soe severely vrged vpon the conscience of men especially as they are in somme Diocesses, where (to the overthrow of many a lecture) noe minister at home nor abrode, Sabboth day or weeke day at any Lecture, Baptisinge, Buriall or mariadge may preach but he must first weare the Surplisse and reade prayers, and though he cometh 12 mile of that mornynge.

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18 greuance. the pittifull complainte of the orphanes fatherlesse and many poore creditors when the father dieth intestate, or makinge a will, the executors refuse leaueinge behinde but litle moueables but greate yerely revenues, the heyre goeth away with all the lands, debts be vnpayed children not educated nor porcions prouided for them. 20

Remedie. It is desired some order may be taken that within 6 months after any such partie shall thus die for the sale of some landes or geveing of somme yeerely porcions out of the landes for the speedy paymente of debtes reysing of portions and mayntenaunce to thuse of the children.

Motiues 1 It vndoeth many poore creditors overthroweth many a childe for want of maintynance and porcion, and often forceth the yonger brother to desperate courses.

2 It is often much against the minde and will of the deceassede wanteing time to make his will.

3 It breedeth often tymes much strife and contention betwixt the elder brother and the rest of the children.

4 It is against all equitie that one should be a gentelman to haue all, and the rest as beggers to haue nothinge.

19 greuance. the stricte oath which church wardens questmen, sidemen do vsually take at theire generalls and visitations.

Remedie. It is desired that it may be administred with this clause So far as you are bound by godes lawe and standeth with a good conscience or some like mittigation.

Motiues. 1 There be more then 50 articles to which they are sworne and many of them of litle vse, as whether is theire boweing at the name of Jesus? whether doe any goe to here a sermon abroade when none ys at home? whether any worke on the dayes called holy dayes? etc. That all of ritcher sorte refuce to take these offices and to be sworne, others that doe take yt are much trobled being vnwilling to presente all thus many are periored not regarding one quarter of the articles.

2 Church wardens vntill the Canons I Jacobi 1603 were not sworne nor called to ioyne with the questmen.

20 greuance. ministers who haue cure of sowles doe practise phisicke for gaine.

Motiues. 1 By how much the sowle is more precious then the body: by soe much the more owght it alwayes to be regarded and esteemed.

2 Yf the best Sheepeherdes that euer weere, found them selues wanteing in tyme and store for food and provision for there flock, then how canne he well, or 307with any comforte feede his flock, that taketh vp euery weeke 5 dayes for theire bodyes and but one for their sowles.

3 If experience teacheth that God neuer blessed any whoe forsooke and neglected this their vocation being the first that euer was, and vnto which with soe solemne a voice they haue consecrated themselues then howe doe they looke to prosper in this world, or to escape at the latter day that heavy reckoninge which they are to make, for vsurping of an other function to the manefest neglect of that greate charge of soe many precious sowles commytted to theire oversight.

Remedie. That none whoe hath consecrated himselfe to the office of the minystery, and hath accepted of a pastorall charge with care of sowles, shall there withall professe and practise Phisike for any gaine or the smalest lucre what soeuer vpon paine to be deprived ipso facto of all his ecclesiasticall promotions.

21 greuance the greate decay of feasants and patriges with an excedinge disorder in haukeinge.

Motiue. The excercise of haukeing hath byn alwayes a peculiar disporte of Regallitie, nobilitie, and gentilitie.

2 What soeuer the earth bringeth forth in any place more excellent, the Subiect owte of a necessary dutye to his Superior, owght to reserve the same to thuse of his Soueraigne, as a parte of that owtward and proper ornamente of his high majestye and dignitie.

3 The difference betwene principalitie and popularie that alwaies haue byn such, that from the lawe of nature order and antiquitie, a perpetuall precedencie and dominacion hath byn in the one and an invyolable lawe of conformitie and submission hath byn in thother.

4 Supreame magistrates and nobles euer toyling at the helme of the Commonwelth and all wayes watching for the preservacion of the same, to geve a refresheing delight and a new vigor of Spirit to theire wearied bodyes haue a royall prerogatiue in the best recreations and delightes vnfytting for inferior populare.

5 Many of very meane sort and condicion whoe haue presumed of this generous skill of falkenry, and from the variety of hawkes which they doe keepe, doe adventure vpone the contrye nere adioyneing to give exercise to theire Ostreges, whereby the wonted store of game, which was wont liberally to furnish both prince noble and gentle is now spoyled and destroyed.

6 It hath byn fownd that one skarce a gentelman of the first exemplicacion doth keepe in his howse at one tyme 4 caste of haukes enough to ravyne the store of a large circuit and contry as there eagernes and immoderacy in those sportes sheweth, when store of game falleth owt, that by Michell the store of that yeere is spent and gone.

7 Many vnder the pretence of haukeinge doe in the day tyme range over large circuitts to spie owte what covies and hauntes ech place affordeth and in the night followeing or very soone after with nettes and such like engines doe take them.

8 Many handycraftes men in good townes and otherwise doe in the night 308tyme, with nettes doges and engines take what soeuer they can spie owte in the day whereby the game is vtterly spoyled.

Remedie. To reduce this generous exercise of hawkeinge to be vsed onely by the nobilitie gentilitie and better sorte of ample possessions and revennues.

1 None to keepe any hawke or hawkes vnder the title or degree of an esquire, or beinge in the subsedy xx li. lande, or whoe haueing landes of his owne wherein to hawke, excepted to euery owner such breed of hawkes which shall tymber and eyre within any of his woodes and precinctes.

2 None at one tyme to maintaine one caste of hawkes for his sporte not comprehendinge therein any Sparhawke merlowe or Hobbie but he shalbe charged to finde at the next muster one demy lawnce furnished and for 2 castes of hawkes 2 lawnces furnished.

3 If any person of abilitie qualified by former statutes to keepe any nettes and engines to take any feasauntes and patriges in the day time be duly convicted to haue taken any in the night by himselfe or by his deputye shall besides his forfeyture in the former statutes mencioned loose all his right or qualification for 7 yeeres after to take any in the day with any hawke engine or nett.

4 Euery one that shall keepe in his howse any net and engine to take feasantes and patriches haueinge noe quantitie of ground in his owne occupienge nor otherwise qualified accordinge to the Statutes to forfeyt v li., or to be whipped in the next markett.

5 Euery Barbor who doth make nettes and engines shall yeerely before the feast of Michell yeilde vp a trewe certificate in writeing vnto the next 2 Justices of the peace what nettes for partriges or faysayntes, he hath mended, made, lent or sold, to whom and to what persons, vpon paine to answeere this contempte the Sessions followeinge.21

greiuance. the com: w: is intollerably burdened by the deputye of the clerke of the market

1. He goes through the Realme once every yeare still preventinge his tyme a month or more.

2. A multitude of poore men are warned to come before him, to bring a weight or a measure, when the most of them never vse any to buy or sell by, as weavers taylors sheremen etc.

3. If a man hathe 20 weightes or measures, if he bringe one to be tryed, the rest maye be false, for they are never called for, and so the Com: w: hathe no benefit by his office.

4. It is a common thinge that suche measures as are allowed by him one yeare, shalbe founde faulty the next, and suche as he cuttes this yeare, he will enlarge the next, and so gettes a double fee.

5. It is so ordered (whither by negligence or corruption) that many are amerced for not appearinge, or for not bringing their weightes or measures, when they haue failed in neither.

309

6. By occasion heerof the countrye is putt to great travaile, losse of tyme and muche charge, and no good comes of it.

The Remedye. That the Clerke of the markett should no more travaile about the countrye.

That in every Citye Borrough and markett towne there be a standarde erected of weightes and measures, and no man to sell by any, but suche as shalbe sealed according to the same Standard. And if any person shall finde himselfe grieved by any false weight or measure, then vpon complaint to the maior etc. or to some Justice of peace etc., he shall cause the weight or measure to be tryed by the standarde, and if it be founde faulty he shall take Recognizance of the offender to appeare at the next Sessions of the peace, where he shalbe punished by the discreation of the Justice. And for discovery of suche false weightes and measures, vpon complaint of any person grievd as before, the maior or Justice of peace may examine the partye or his servantes vpon Oathe what weightes and measures he hathe.

greiuance the subiects of this kingdome are oppressed by chargeable suits, and their bodyes arrested and imprisoned for euery smale debt and trespas to the vndoinge of many poore familyes and to the great damage of the commonwealth.

This comes partly by reason of the multitude of Atturnies in the Courtes at Westminister and partly through the pride and malice of the com: people, and partly through the multitude and lewdnesse of Baylyfs.

Many Atturneyes (abusing their priveledges) will take out processe against their neighbours vpon very slight occasions, and often vpon meere suggestions.

It is a common practice amonge many of them, that if they heare a man hathe suspected his neighbor, they will provoke him to sue him, and the Atturnye will vndertake the suite and will be at all the charges, till it be ended, and if it goe with his client then he will please him selfe but if he misse, or that it be compounded (which the Atturnye will hardly yeild to) then comes a writt vpon his poore clientes backe for charges.

The Baylye lykewise is as a Broker or seller to the badd Atturnye, for he living in the countrye and being privye to all affairs betweene man and man, takes everye occasion to stirre vp suites, that he may bringe worke to the Atturnye and himself may be imployed by servinge the processe, wherein it is muche to be pityed, with what Barbarous cruelty and exactions they oppresse suche poore people as fall into their handes; that many tymes the very charges and pretended Fees of the Baylifes are more then the grounde of the Action.

The Remedye That the multitude of Atturnyes be restraynd, and every County limited to a certain number.

That it be made penall for them to vndertake any suites or defraye the charges thereof otherwise then appertains to their office.

That none may have power to serve processe as Baylyfes but suche as have sufficient estate of Landes or goodes and the same to be allowed in the open Sessions of the peace and there sworne and recorded.

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That vpon every Capias etc., the Baylyfe shall repaire to the vsuall dwellinge place of the partye, and callinge to him 2 or 3 of the neere neighbours (who shall not denye to assiste vpon paine of etc.), shall demande to speake with the partye; if he be not within, or will not be spoken with, he shall affixe vpon his doore a note in writinge conteininge the effecte of the processe, and requiring the partyn Groton on fryday in the mn blank dayes; and if the partye shall not yeild himselfe within the said torn, then it shall be lawfull for the said Baylyfe taking assistance of the Constable of the parishe and such other as he shall call to his ayde, to breake open the doores of the dwellinge house of suche person or of any other person where he shall have credible information, that he is held (if vpon request he shalbe denyed to enter) and if the said Baylye thus behaving himself or any of those that come in his assistance shall receive any hurt or damage by any within the house, he shall recover 3 li. damages against the master of the house, or suche as shalbe the occasion thereof and beside the offenders shalbe punished at the suit of the Kinge. And yf the said Baylyf or any of his assistantes shall happen to be slaine in doeing their office the widow and children of suche partye so slaine shall have the moity of all the personall estate of the murderers, etc.

That vpon all Actions suites and demandes touchinge debt trespasse batterye defamation or other cause not concerneinge matter of tenure or title of or to any maners landes tenementes or hereditamentes nor exceeding the value of x li. wherein any artificer husbandman labourer servant or spinster not being named to be plaintiff shalbe either plaintiff or defendant any 2 Justices of peace (one being of the Quorum) shall have power to seale warrant for the partyes and wittnesses and to examine the wittnesses vpon their corporall oaths, and therevpon to order and determine the cause and difference by their best discreations, and they shall have power to levye suche debt damages and Costes by warrant of distresse, and to inflicte the punishment of the stocks or Pillorye vpon suche as shall not have wherewith to make satisfaction for the trespasse and defamations wherewith they shall have wronged any of their neighbours, or to enioyne them to make open acknowledgment of their offences in the churche, or other assemblyes. And it is intended by this Acte that all matters of batterye or deffamation betweene partyes of any of those qualities or conditions aforenamed shalbe subiect to the hearing and determination of 2 suche Justices of peace as is aforesaid, and if any suit by or against any suche artificer husbandman labourer servant or spinster not being in the priviledge shalbe concerned in any court either temporall civill or ecclesiasticall, then vpon certificate of 2 suche Justices of peace etc. it shalbe dismissed the court, as exempte from their Jurisdiction.

1.

W. 4. 162; 5 Collections , I. 451–473. “This paper was probably written during the winter of 1623–4, while the last Parliament of James I. was in session, and was no doubt designed as a statement of the popular grievances most severely felt at the time when it was drawn up. Its whole method shows that its authors looked for a redress of grievances, and did not contemplate expatriation; and its entire omission of any reference to the billeting of soldiers, illegal imprisonments, and the levying of tonnage and poundage dues, as well as its very slight reference to the favor shown to Popish recusants, which were among the chief topics discussed in the first three Parliaments of Charles I., are not less conclusive that it could not have been written after these ’grievances’ became prominent. Among the grievances, however, are two—those relating to the collecting of moneys on account of pretended losses by fire, and to the settlement of the estates of intestates—of which we have not been able to find any mention in the Parliamentary proceedings of a later date than May, 1624. Several of the other matters to which prominence is here given would scarcely have been mentioned at a time when the country was stirred by the angry controversies which grew so rapidly in bitterness and importance during the first four years of the reign of Charles I. It is distinctly stated in two of the articles (pp. [303, 304]) that Parliament was then in session; but it does not appear that the paper was intended for presentation to that body, though it must have been designed as the basis of some action on the part of the House of Commons. The first portion of the paper is in a hand which has not been identified, but is thought to resemble that of Robert Ryece. The last two divisions are in the handwriting of Governor Winthrop, to whom the first portion was probably given or sent. From a letter in the Life and Letters of John Winthrop, I. 196, we learn that he was in London, watching the action of Parliament, and probably attending on some committee, in March, 1623–4.” 5 Collections , I. 451, note. The Committee of Publication was composed of Robert C. Winthrop, Charles Deane, Chandler Robbins, and Charles C. Smith.

2.

May 6, 1624, the King issued a proclamation “on the petition of Parliament” ordering all Jesuits, Seminary Priests, and persons in Romish Orders to leave England before June 14, on pain of punishment by law. Bibliography of Royal Proclamations of the Tudor and Stuart Sovereigns, I. 162.

3.

“An Act of Parliament was passed in 1623–4, ’To prevent the abuses in procuring process and supersedeas of the peace and good behaviour, out of his Majesty’s courts at Westminster, and to prevent the abuses in procuring writs of certiorari out of the said courts, for the removing of indictments found before justices of the peace in their general sessions.’ See Cobbett’s Parliamentary History, I. 1516.” 5 Collections , I. 452, note.

4.

A. Canon: II: This and the two following notes are marginal notes on the manuscript. See Constitutions and Canons Ecclesiastical, 1604 (Oxford, 1923).

5.

B. Canon: 12:

6.

Canon: 73:

7.

The act of 4 Henry VIII, c. 14, 1512 (Statutes of the Realm, III. 61), connects conventicles with “confederycies, riotys, routys, unlawfull lyeng in wayte,” and the ill meaning thus attached persisted. A conventicle was a meeting of Nonconformists or Dissenters for religious worship, during the period when such meetings were prohibited by the law. N. E. D.

8.

Living plants, especially white hawthorn, set to form a hedge.

9.

Spring, a sprout or shoot.

10.

See the 10th Grievance, “The Patentes for Collections called Breefes.”

11.

A wooden drain-pipe; originally a tree-trunk halved vertically, hollowed, and ‘whelmed down’ or turned with the cavity downwards to form an arched watercourse. N. E. D.

12.

An illegal enclosure of or encroachment upon the land or property of another or of the public. William Fitz Stephen (Descriptio Londoniae, about 1190) gave as the plagues of London in his time, “immoderate quaffing among fooles, and often casualties by fire.” Materials for the History of Thomas Becket, ed. J. C. Robertson for the Rolls Series, III. 8. Nearly six centuries later Stow wrote, “instead of these enormities, others are come in place no lesse meete to bee reformed: namely, Purprestures, or encrochmentes on the Highwayes, lanes, and common groundes, in and aboute this cittie, whereof a learned Gentleman, and graue cittizen hath not many yeares since written and exhibited a Booke to the Mayor and communaltie, which Booke whether the same haue beene by them read, and diligently considered vpon I know not, but sure I am nothing is reformed since concerning this matter.” Stow, Survey of London (ed. Kingsford), I. 83.

13.

MS. repeats ‘ech of.’

14.

Underlined by John Winthrop, presumably as requiring further consideration.

15.

Saddlers’ Hall was on Cheapside, corner of Foster Lane. F. Muirhead, London and its Environs (1922), 249.

Writing before 1603, Stow said: “Then the number of carres, drayes, carts and coatches, more then hath beene accustomed, the streetes and lanes being streightned, must needes be daungerous, as dayly experience proueth. . . . Of olde time Coatches were not knowne in this Island, but chariots or Whirlicotes, then so called, and they onely vsed of Princes or great Estates, such as had their footmen about them: . . . but now of late yeares the vse of coatches brought out of Germanie is taken vp, and made so common, as there is neither distinction of time, nor difference of persons obserued: for the world runs on wheeles with many, whose parents were glad to goe on foote.” Survey of London (ed. Kingsford), I. 83–84. Kingsford quotes Howes (1631) as saying that ‘caroaches’ came into use about 1605. A ‘caroach’ was a town carriage as distinguished from a ‘coach’ or country carriage. Ibid., II. 282.

16.

Originally meaning a letter issued by official or legal authority, from a royal letter or mandate to a writ or summons, the word brief came to be applied to a letter from the King as head of the church, licensing a collection in the churches for a specified object or charity. A number of examples under royal authority may be found in the Bibliography of Royal Proclamations of the Tudor and Stuart Sovereigns, I (Bibliotheca Lindesiana, v). Thus on February 13, 1620–21, James issues a brief for the relief of Thomas Pecke, of Lodden, co. Norfolk, husbandman, who has suffered from fire; on October 13, 1621, the King authorizes a collection in London, Oxford, and Cambridge, to be paid to the Bishop of London and by him to one Philotheus for the benefit of the Convent of the Holy Cross of Golgotha at Jerusalem. Nos. 1305, 1320.

17.

“In a petition to the King, presented apparently in May, 1624, the Commons, in enumerating certain grievances, say: ‘Briefs.—And whereas licenses under the seal, to gather monies of your subjects, to persons pretending losses by fire or otherwise, be against the statute in that case made and provided, are grown to such excessive numbers, that many mischiefs and inconveniences thereupon ensue, in all parts of your realm. Our suit to your Maj. is, That the statute in that case made may be observed, and that no such licenses may be hereafter granted.’ See Cobbett’s Parliamentary History, I. 1491.” 5 Collections , I. 461, note.

18.

The Price Revolution and the increase of population had rendered the care of the poor an increasingly difficult problem. Cf. the act for the relief of the poor, 43 Elizabeth, cap. ii, 1601: Statutes of the Realm, IV. 962–965.

19.

The reference is to the thirty-sixth canon of the year 1604. Constitutions and Canons Ecclesiastical, 1604 (Oxford, 1923).

20.

“This grievance is not mentioned in the petition of 1624, to which we have elsewhere referred; but the Commons complain of the increase of fees in the Court of Wards, and of the establishment of new regulations respecting wards of lunatics and idiots.” 5 Collections , I. 466, note.

21.

The residue of this paper is in the handwriting of John Winthrop.