By Neil Stobbs
During the seventeenth century the life of the ordinary citizen was controlled, to a much greater extent than we can imagine today, by rules and regulations, both from the Church and the secular authorities.
During researches for the Seventeenth Century Group the following restrictions controlling the life of the people of Kendal have come to light.
Abstract of Fines of Leet Court October 20 1612
Every uflrme (6 8d) or hubb!eshowe(3/4d) on the market date or faire(40 -) date is 20. ‘-.
On a sabbath day 10 -an affraye. On the week daie every one is 3/4d or 6 8d.
Every putting of fillthe vessels or unclenness in any well is pained 4d or 6d.
Unwholesome cheese 12d.
Every stinking skine laid in Kente 12d.
Every butcher gashinge any skin 6d.
Every one drinking after 10 of the clock nocauier J 2d. Housekeeper 2/-.
Stinking fishe sold 12d. cockles 6d.
Reviling or calling the Constable a rogue 12d.
Drunkenness to be put in the stocks 6 hours or fine 5/-.
As far as possible the spelling which occurs in the original has been retained. On the whole the majority of the variations from modem standard spelling is obvious and the translation of the words is possible if they are read as phonetic The addition of an ‘e’ to the end of words seems to have been very common. The same word is spelt differently in two places on the same page.
The word Hubbleshowe used in the first entry apparently means to cause an affray or disturbance.
There is also a mixture of Latin or pseudo Latin phrases mixed in the text presumably used in the legal sense they are today.
It should also be remembered that the usual wage for a working man was not much more than 6p per day. The following abstract is taken from the records of a different court in Kendal of the same period.
Abstract of Fines for the Bilarres Court December 12 1612,
[Control of the services appertaining to a wedding]
No general drinking at weddinges for monies shall continue after 10 of the clock in the night of the wedding daie (service time expected) 10s.
Offeringes and bridlehowes allowed by Mr Aiderman (Mayor) and 4 Burgessess and the Vicar then being.
[Churching after childbirth]
No churching dinner above 12 wives viz for monie taking, nor drinkinges at churchings subpoena 10s.
[Control of holding dinners for profit]
No bidden dinner at all of townefolk above 12 persons for monie. nor nutcastes, merie nightes etc. sub poena every bidder to lose 10/-, every goer to loose 12d.
No dinners and drinkinges out of the towne, every bidder to forfeite 6 8d., every goer to forfeit I2p. toties quoties.
Ale sellers after 10 of the clocke tn the night, or in time of devine service. Io any inhabitant 2/-.
Every burger there or drinker to forfiet 12d.
These few extracts show how much the actions of the common people were circumscribed by a multitude of regulations They are taken from the Historical Manuscripts Commission Volume 13. MSS of the Earl of Westmorland MSS of the Corporation of Kendal.
A fertile source of information on the many regulations which affected the everyday life of the parishioners such as those in Warton is
“Seventeenth Century Life in a Country Parish With Special Reference to Local Government” by E. Trotter
The information is based upon life in the North Riding of Yorkshire, but many of the rules and regulations must have applied equally to the northern areas of Lancashire.
One of the most unpopular regulations was the Act which imposed the “Poor Law” on parishioners. Every householder in the parish had to pay sums of money for the maintenance of the poor.
One of the main complaints was that the amount levied varied every year, seemed to increase, and it was an open ended tax which was always increasing.
There are many tales of how the parish officials did everything in their power to prevent the various classes of the poor from becoming permanently resident in their parish. If any did so, they became a charge on the parish for their maintenance. Thus the overseer had to ask his fellow parishioners to pay out more money. Not a very pleasant task to say the least.
The government of the parish during the middle ages was the prerogative of the Church, but during the sixteenth and seventeenth century the government of the parish became a civil matter.
The churchwardens represented the people for all those undertakings of which the church took cognisance. The constable in the townships was the King’s Officer and was therefore responsible for good order. During the sixteenth and seventeenth centuries the churchwardens and the constable of each parish were associated in the execution of the statutes which became law during that period. Two new officials came into being due to the various legislation enacted during this period. They were the Surveyor, responsible for the repair of the highways and the Overseer, who was responsible for poor relief.
All were elected yearly by the parishioners, were unpaid, and were obliged to serve unless they could claim privilege.
Thus the Parish became the “unit of local obligation” All the officials were under the direct supervision of the Justices of the Peace.
Other officials existed, the duties were performed by individual parishioners, all of them amateurs, who received payment from fees or a yearly salary. They were as follows:
Wellmaster. Who had to ensure that the water supply was forthcoming and the Well kept in repair. He was under the supervision of the Court Leet, and if there were no Court Leet appeal could be made direct to the Court of Quarter Sessions.
Aleconner/Aletaster. He had the task of trying to ensure that the community drank good beer and ate wholesome bread of full weight and measure.
Alnager/Searcher. His task was to examine all woollen material to make sure that it was woven the correct length and stamped with the town seal. If such an office existed in Warton is doubtful, as it was not a town in the full sense.
The Clerk of the Market. In small towns he attended fairs and markets from l0 O’clock until sunset. There was to be no buying nor selling take place before he rang his bell. (Still seen in some markets to this day). He inspected weights and measures to prove that they were of standard size and he was authorised to take “due and lawful toll” for every horse and other animal brought for sale.This office presumably existed in the years when Warton had a market.
Hogringer His was a yearly appointment made by the Court Leet, he was to see that all hogs were rung that ran on the Common. If they were unrung they were to be put in the village pound and he was allowed to charge Id. for each animal impounded (one may assume that this was the origin of the word) and 6d for putting a ring in the nose of the hog He doubtless superintended the work of the Swineherd whose job was to stop swine straying off the Common.
Neatherd Minded the cattle on the common and prevented them straying on to the highway
Scavenger He had to, at the bidding of the surveyor, remove refuse. (The term is still used today in some areas for the “refuse operative”).
If there were so many “offices” to be held by people in the township or parish, you must have had some kind of office quite frequently if you were a householder in the smaller townships.
As well as the civil officers there were the Parish Servants, namely the
Clerk, Beadle, and Sexton. They were on yearly salaries, paid out of church funds, augmented by fees and monies or kind. They were elected by the Gentlemen and the “Four and Twenty”, the name usually given the Select Vestry, if one existed. In Warton there were two Church wardens and two Sidesmen, in the other townships, one Church Warden and one Sidesman each. The Church Wardens were returned by House-row or as the people called it Neighbour-row.
Clerk. The parish priest had considerable influence in the election of the Clerk, who could not be dismissed without cause being shown. The clerk rang the bell for service, set in order the Bible and Prayer-book for the Clergy, and made the necessary provisions for Christenings and Communions. He had to wear a surplice and was leader of the congregation in the responses of the public prayers. In country villages the parish clerk also performed the office of Vestry Clerk and at times also that of sexton.
Sexton Had the main function of digging graves. For a grave in the church yard he was due 2d., in the church 4d. and in the quire 6d., and for every cottage in the parish he was allowed “ an ob” which was equivalent of a farthing.
He was also responsible for cleaning the church, lighting the fires, the opening of pews, and the general charge of the building. He was allowed certain dues at Christmas and Easter. 2d for buns at Christmas and eggs at Easter.
Beadle His main work was of a punitive nature He was expected to help the Constable in apprehending and punishing rogues He wore a special dress and carried a whip or a wand in his hand to enable him to drive dogs out of the church. The beadle was also in some cases equivalent to the Common Driver, in that he impounded stray cattle found on the road side or intruding on the Common. He was also sometimes called to be the Hayward who inspected the hedges and fences around the open fields, to see if they needed mending. The name beadle is said to be derived from the Anglo-Saxon word Beddam = to bid, or invite. Thus the Beadle bid people to the parish meeting. The beadle may have been called on to be the Town Crier.
As well as the various taxes put on them by the civil parish the residents of the parish also had to find the monies to provide various charges appertaining to the parish church.
In the thirteenth century the English Clergy succeeded in throwing upon their parishioners certain charges hitherto borne by themselves. Such were The repair of the nave of the church, and the provision of surplices, books and furniture etc. used in the services. The people who were called on to pay were the Landowners. Thus it was not such a burden on the “lesser sort”.
As was said earlier, one of the most onerous demands on the parishioners was the demands for “poor relief’.
As an additional means of raising funds for Poor Relief fines were levied for various offences.
Sources of Income to Meet the Expenses of Poor Relief
To meet expenses of applying the law there were three sources of income:
Land or money left by charitable people for use of the poor.
- Fines for breaking certain laws, assigned definitely by statutes, to be given for the relief of the poor. Some of these are listed below,
(a) For the infraction of the game laws
(b) Fines on alehouse keepers 20/-for allowing people to sit tippling in their houses or for selling for 1d., less than 1 quart of best beer, or 2 quarts of small.
(c) 5/- fine for drunkenness
(d) For sitting drinking in an alehouse in the offenders’ parish. 3/4d
(e) Fine of 1/- for absence from church.
(f) Fine of 1/- for profane swearing.
(g) For breaking regulations for cloth making.
(h) Fine for meeting for games outside the parish on Sundays.
(i) Fine for meeting for unlawful games in the parish on Sundays
(j) Fine of 20/- for carriers working on a Sunday.
(k) Fine of 6s8d for butchers killing meat on a Sunday
(l)All penalties for default in carrying out the Provision of the Act for Poor Relief - Fine £5 on JP failing to nominate overseers
- Fine £3 at least for persons refusing to be Treasurers
- Fine 20/- on Church Wardens and overseers
Some of them may be familiar to us in some form today but they were often much more severe in their penalties than those equivalents today. Of course, the monies raised by fines in court today are not applied to the relief of the poor, where do fines go?
The poor rate which overseers with the consent of 2 or more Justices of the Peace were authorised to levy on all inhabitants of the Parish When the Puritans reigned supreme many fines were Estreated for profane swearing [(f) above], and for not keeping the Lord’s Day. Rich and poor had to pay the Poor rate.
All could be presented for not paying. This meant they could be brought before the Justices of the Peace in a Court to answer for their transgressions. Every inhabitant and every occupier of lands in the parish had to pay the Poor rate. The rate was assessed by the parishioners themselves, or in default by the Church Warden & Constable. If however the parishioners. Church Warden & Constable could not agree, then the nearest Justices ordered the rate. After the assessment had been made it could not be altered except by the same authority. Occasionally the overseers had to obtain an order from the Court before they could induce people to render an account of their incomes. If anyone refused to pay, an order or warrant was obtained from any two JP’s. They could then levy the rate by distress and sale of goods. This procedure was not submitted to willingly and there are many records of assaults.
As well as their normal “home” life, and that of their existence with their neighbours, they found that their “Trade” was controlled strictly by both national, county, and more local regulations. There were also Guilds of Craftsmen and associated workmen, which set their own rules for the control of their own trade or profession.
Many of the trades and professions are familiar to us today but some of them have long ago disappeared. Some of the trades or professions grouped together may also seem odd to the modem mind. It is interesting to try and arrive at a logical reason for the particular groupings.
In Kendal during the sixteenth century there were Twelve Guilds as listed below:-
1578, Twelye Companies.
- Chapmen, Merchants & Salters.
- Mercers & Drapers linen and woolen.
- Shearmen, Fullers, Dyers and Websters.
- Tailors, Embroiderers, and Whilters.
- Cordwainers, Cobblers and Curriers.
- Tanners, Saddlers and Girdlers.
- Inn holders, Alehouse Keepers and Tipplers.
- Butchers and Fishers
- Card makers and Wire drawers
- Surgeons, Saweners, Barbers. Glovers, Skinners, Parchment & Point Makers.
- Smiths, Iron & Hardware-men, Armourers. Cutlers, Bowyers, Fletchers, Spurriers, Potters, Panters, Plummers, Tinkers, Pewterers deMetalled
- Carpenters, Joiners, Masons, Wallers, Slaters, Thatchers, Glaciers, Painters, Plasterers, Daubers. Parers, Millers and coopers.
It is assumed that all the companies had their own rules governing apprenticeships, journey men and masters, which would be strictly enforced, just another layer of control which was imposed upon the majority of population trying to make a living in, what we must accept by today’s standards to be a hard world.
Published in Mourholme Magazine Issue 32 1998