[Arkenberg Introduction]
The Judgment of the Pillory
provided the articles for inquests into violations of the assizes of bread and
beer, weights and measures, and forestalling. It appears in about of quarter
of the Common Law statute books written through the mid-14th century.
If a Baker or a brewer be convicted,
because he has not observed the Assize of Bread and Beer, the first, second,
and third times, he shall be amerced according to his offence; if it be not
over-grievous; but if the offence be grievous and often, and will not be
corrected, then he shall suffer punishment of the body, that is to wit, a
baker to the pillory, and a brewer to the tumbrel, or some other correction.
First, six lawful men shall be sworn
truly to gather all measures of the town, that is to wit, bushels, half and
quarter bushels, gallons, pottles, and quarts, as well of taverns as of other
places; measures and weights, that is to wit, pounds, half pounds, and other
little weights, wherewith bread of the town or of the court is weighed; that
is to say, one loaf of every sort of bread. And upon every measure, bushel,
weight, and also upon every loaf, the name of the owner distinctly written;
and likewise they shall gather the measures of mills. After which thing done,
twelve lawful men shall swear to make true answer to all such things as shall
be demanded of them in the King's behalf upon articles here following; and
such things as be secret, they shall treat of secretly, and answer privately.
And the bailiffs shall be commanded to bring in all the bakers and brewers
with their measures, and all things under written.
First, they shall inquire the price of
wheat, that is to wit, how a quarter of the best wheat was sold the last
market day, and how the second wheat, and how the third; and how a quarter of
barley and oats.
After, how the baker's bread does
answer in his court, that is to wit, wastel and other bread after wheat of the
best, or of the second, or of the third price.
Also upon how much increase or
decrease in the price of wheat a baker ought to change the assize and weight
of his bread.
Also how much the wastel of a farthing
ought to weigh, and all other manner of bread, after the price of a quarter of
wheat that they present.
And for default in the weight of the
bread, a baker ought to be amerced, or to be judged unto the pillory,
according to the law and custom of the court.
Also if any steward or bailiff, for
any bribe, does release punishment of the pillory and tumbrel, being already
judged, or to be judged of right.
Also if they have in the town a
pillory of convenient strength, as appertains to the Liberty of their market,
which they may use, if need be, without bodily peril either of man or woman.
After, they shall inquire of the
Assize and price of wine, after the departure of the justices in eyre, or of
them that were last in office of the market of the town; that is to say, of
the Vintner's names, and how they sell a gallon of wine: and if any corrupted
wine be in the town, or such as is not wholesome for man's body.
Also of the assize of Beer in the
court of the town how it is, and whether it be observed; and if not, how much
[how many?] brewers have sold contrary to the assize; and they shall present
their names distinctly and openly, and they shall be amerced for every
default, or be judged to the tumbrel, if they sell contrary to the assize.
Also if there be any that sell by one
measure, and buy by another. Also if any do use false yards, weights, or
measures.
And if any butcher do sell contagious
flesh, or that died of the murrain. Also they shall inquire of Cooks that
seethe flesh or fish with bread or water, or any otherwise, that is not
wholesome for man's body, or after that they have kept it so long that it
loses its natural wholesomeness, and then seethe it again, and sell it; or if
any do buy flesh of Jews, and then sell it to Christians.
When a quarter of barley is sold for
two shillings, then four quarts of beer shall be sold for a penny; when for
two shillings sixpence, then seven quarts of beer shall be sold for tuppence;
when for three shillings, then three quarts for one penny; when for three
shillings sixpence, then five quarts for tuppence; when it is sold for four
shillings, then two quarts at one penny. And so from henceforth the prices
shall increase and decrease after the rate of sixpence.