TRANSLATION

Regulations made at the gild meeting at the friary within the town of Berwick [...] October 1505 by the mayor, alderman, dean, and the 12 men

Memorandum that it has been firmly established and ordered, by the agreement of the 12 men, [regarding] all those persons belonging to the gild who behave offensively or improperly towards the mayor, alderman, dean, any other of the 12 men, or any executive officer of Berwick, whether in word or in deed, that such person or persons shall pay for the first offence 6s.8d. And for the second offence committed, the same person is to forfeit 13s.4d. Should the said person wilfully commit such an offence on a third occasion, then he is to be expelled from the gild, losing his freedom forever, without hope of redemption. Moreover, the offending individual is to be subject to punishment at the discretion of the mayor, alderman, dean, and 12 men, unless he is forgiven by the mayor, alderman and the 12 affeerors.

Item, that none of the forfeits or penalties that are lost or forfeited through infringements of the ordinances, statutes, or by-laws made by the mayor, alderman, dean, and the 12 affeerors of the gild, are to be pardoned or forgiven; rather, they are to be levied in their entirety to the use of the gild without any remission.

Item, moreover, if any of the gild brethren speaks ill or behaves badly against another, contrary to what is right or is good manners, the brother so slandered or wronged should complain to the mayor or alderman. If the person speaking or behaving badly is found by the mayor, alderman and the 12 men to have offended against his brother, he is to forfeit and pay on each occasion, without any redemption, 3s.4d, and the aggrieved brother is to receive such compensation from the other as is considered reasonable by the mayor, alderman and the 12 men who are brethren of the gild.

Item, that no-one who is a freeman of the town of Berwick shall lease any [stretch of] the Tweed river – not from one side nor the other – from Horncliffe to "Wawthene Dowme", except to another freeman of Berwick. Whoever does otherwise is to forfeit 20s. to the gild; the [stretch of] water is to completely taken away from he who leased it to the non-freeman, and is to be leased to someone else who is a freeman of Berwick.

Item, no freeman whatsoever of the town of Berwick is to go, or send his servant or any other person, to buy salmon from any other man between sundown and sunrise. Such purchases are to take place only at the times prescribed by custom and usage, and by the ancient ordinances of the gild.

Item, that no man is to encourage or persuade any man's son or servant to steal his father's or master's salmon, neither by day nor by night. He that so offends is to forfeit 6s.8d and, beyond that punishment, is to compensate a complainant offended against, according to the discretion and recommendation of the mayor, alderman, and 12 men of the gild. Furthermore, whoever buys [the salmon] is to state the truth regarding where and from whom he bought the salmon, without any deceit or concealment; for, if he names one person yet bought it of another, the buyer is to forfeit to the gild on every such occasion 6s.8d and is to forfeit and lose the salmon so purchased, one half going to the gild and the other half to whoever informs on the offender.

Item, that no freeman of Berwick buy, or cause to be bought, any salted salmon – not at Tweedmouth nor at any other location. Whoever informs on any freeman offending in that regard may have one half of the salmon in question, for his labour, and the other half goes to the gild, without any redemption.

Item, that no man, unless a freeman of Berwick, may ship any salt salmon, wool, skins or hides, nor any other merchandize, upon penalty of forfeiting the same to the gild, if such is found and seized.

Also, that no freeman of Berwick deliver or send any money to any out[side agent] of any kind other than his son or his bona fide servant, for the purpose of buying any salmon that is to be salted. Whoever informs on any freeman offending thus shall receive one half of the salmon for his labour, and the other half is to go to the gild. Furthermore, a fine of 6s.8d [is to be imposed on the offender].

Item, that no man within the town of Berwick, whether a soldier or any other kind of man, unless his is a freeman of the same, may buy or sell as a freeman with any foreign merchants or anyone else, except to victual or provision his household. Whoever does the contrary, or buys more [than his household needs], is to forfeit all to the gild without any redemption. With the exception of my lord the Captain of Berwick, or his deputy then in office, who buy to provision or victual the castle.

Item, that no clothier bringing cloth here to sell, nor any other man bringing any other merchandize (such as pedlars or others) shall set up a bench or stay overnight in the town, but is to display [his wares] on market days; and, that done, is to pack up his wares again and leave town without displaying them more than once. Upon penalty of forfeiting his cloth or wares to the gild.

Item, that no cattle or other livestock of the countryside are to be allowed to graze in, or enter, the fields or pastures belonging to the town of Berwick – neither sheep or any other animals. If any such cattle are found there, they are to be forfeit to the gild. The mayor is to see that this is policed from Sunday to Sunday, in the best interests of the town.

Item, that the mayor and chamberlains are to arrange for and supervise the setting up of a beacon on Holde mane wall, and see that it is maintained, to assist the safe entrance of ships into the haven. Furthermore, that the mayor not allow any gatherers of bait on the wall, so that damage or nuisance be caused to the haven; those who gather bait there are to be punished at the mayor's discretion.

Item, that the mayor is to order and instruct his bailiffs and other officers that they shall honestly and diligently see to it that every week the assize of bread and ale is carried out according to the law and ancient custom. Similarly, the mayor is to order and instruct the meat-pricers that no butcher of the town of Berwick is to break or cut and meat to sell, unless the pricers are present at the breaking or cutting; the meat-pricers are to set a reasonable price and value of the same for the benefit of the community, always bearing in mind that the butchers have free pasturage and grazing without any cost [to them]. If any butchers breaks or cuts any meat to sell and [without] arranging for one of the meat-pricers to view it, the butcher that does so is to forfeit to the gild 12d. upon every occurrence, without any redemption.

Item, that the mayor is to convene his court at any time when good cause requires it, such as when there is need to remedy or correct such offences that cause nuisance or discomfort to the king's subjects and any other outsiders. For example, dunghills in the streets and highways, or at the town gates or walls (whether inside or out); which dung and muck the mayor is to find the means, by consent of the town, to have removed and taken away. Whoever is found guilty of dumping dung or muck, other than at the places designated by the mayor, is to forfeit and pay to the gild 12d. at every occurrence.

Item, the mayor is, through his court, to order and oversee the expulsion from the town of all kinds of vagabonds, harlots, or brothel-keepers disposed to no good; likewise all beggars and idle people, both men and women, except those who are aged or of good character, who may remain and reside within the town.

Item, that the mayor, three times a year at the three chief court sessions, is to order and arrange for all the weights and measures within the town to be brought into court before him. All such weights and measures found to be defective – lacking in weight or capacity – are to be broken; and other, accurate weights and measures are to be produced and delivered to those who had the inaccurate weights and measures. Those found in possession of such false weights and measures are to pay and forfeit to the gild 12d. every time it is so found.

Item, that no London merchants are to pack salmon in London barrels, unless those barrels are presented before the mayor and chamberlains and are measured by them. If they are found to match up to the correct size, they are to be sealed and to pass [into use]; all others that are inaccurate are to be forfeited to the gild.

Item, that no master or crewman of a ship or other vessel not take into his ship or vessel the salmon of any man, except a freeman who has made his oath before the mayor and chamberlains and who is the rightful owner of the salmon. Any master or crewman knowingly doing the contrary is to forfeit 20s. to the gild.

Item, that all sons of a freeman, excepting his eldest son, shall pay to be made free 6s. to the chamberlain and to the alderman what is due him, along with all other customary and traditional charges. Also, any man who is not free who marries a freeman's daughter is to pay 5s. along with the other charges mentioned.

Item, if any of the gild brethren commits an offence against a fellow member, either going to or coming from the gild [meeting] – that is, if one of them should strike the other with his hand – at each occurrence he is to forfeit to the gild 6s.8d. Also, if any brother draws his knife or any other weapon and hurts or draws blood from his brother through violence, he is to forfeit and pay to the gild 20s. Moreover, he is to compensate the wronged party, at the discretion of the mayor, alderman, and the 12 men. Similarly, he who offends in any of the ways indicated above is to be punished for 40 days or more, at the discretion of the mayor, alderman, and the 12 men of the gild.

Item, that as often as the alderman and dean summon their brethren of the gild together, for reasonable cause, to discuss and deal with matters pertaining to the gild, then the bell is to be rung: the first time, short; the second time, long; the third time, long. Any brother who fails to come to the place designated by the alderman by the last ring of the bell is to pay and forfeit to the gild 12s., without any redemption.

Item, that all fines and amercements [imposed] within this town are to be put to the use and profit of our gild, excepting the king's tolls or what pertains to the king's bailiffs.

Item, any freeman who hands over money or gold to any outsider, or to any of his neighbours or servants who are not freemen, for the purpose of buying fresh salmon, and under that subterfuge the freeman then salts it, he so doing is to forfeit the salmon to the gild as well as 6s.8d in cash, without any redemption. Also he is to be imprisoned at the will of the mayor and alderman, according to the discretion of the 12 men. He who is identified as and proved to be the buying agent is to be prosecuted and imprisoned as though a deceitful criminal.

Item, that every cooper within the town of Berwick shall possess his own [branding-]iron bearing his own mark, so that one cooper's barrel can be marked and distinguished from another's. With the intent that should any be faulty, whether in materials or workmanship, the merchant or other person who suffers loss or damage therefrom may complain to the mayor and alderman and they, at their discretion, may oblige the cooper to compensate the party suffering loss or damage as should rightfully be.

Item, that no man who is a freeman of our gild within this town of Berwick is to lend his cockle boat or net on Sunday to his friends or relations as a favour, upon penalty of forfeiting the same to the gild. The lender is to pay 6s.8d to the church, without any redemption.

Item, that all the sea-cockles arriving by sea are to be landed on this side of the Tweed river, upon penalty of imprisonment of the fishermen and, furthermore, 6d. to be forfeited to the gild on each occasion they do otherwise, without any forgiveness.

Item, that each of the fishermen is to keep his fish separate in his own room and at his landing, as mentioned above; every fisherman to be accountable for the "anner" [annual rent?] for his room [...]

Item, that no freeman of our gild is to forestall the market, by buying wool or hides en route for the market at the gates or in the streets or any other places in the town, but only at the market cross. Buying and selling may take place there between 9 o'clock before noon to 12 o'clock. Any person or persons who buy to the contrary are to forfeit and lose the wool, skin or hides, and are also to pay 6s.8d to the gild; moreover, they are to be punished at the will of the alderman, dean, and the 12 affeerors.

Item, that no man who is mayor, alderman, one of the 12 affeerors [or] 4 bailiffs of the town is to bake or brew for retail purposes during their term in office. Under penalty for each occurrence of 6s.8d to be paid to the gild; and, moreover, punishment at the pleasure of the alderman, dean, and 12 affeerors.

Item, that no man having Malmsey to sell here is to retail it for more than 16d. a gallon, and Romney for 12d. a gallon, and every red Claret wine which has been bought for less than £5 is to be sold for 8d., and if bought for less than £3 is to be sold for 6d. a gallon. Whoever does contrary to this is to forfeit, at every occurrence, 6s.8d.

Item, that no person or persons shall bring salmon in at St. Mary gate, Briggate, or the Water gate, without stating the truth under oath about who is the rightful owner of the same, and from whom they bought it; and, having done so, may pass. If it has been wrongfully purchased from an unknown owner, the salmon so bought is to be taken to the alderman or his deputy, and forfeited to the gild. Whoever brings it, or sold it, is to be punished at the will of the alderman, dean, and the 12 affeerors.