Many examples of evasion may be found in the Pipe Rolls both before and after Magna Carta. The justices, indeed, were usually more bent on collecting fines for its breach than on enforcing the Assize. In 1203 two merchants of Worksop were amerced each in half a mark for selling wine contrary to the Assize, while the custodians of measures of the borough were also mulcted in one mark for performing their duty negligently—an exact illustration of the words of the ordinance.[[742]] In the same year a fine of one mark was imposed on certain merchants “for stretching cloth,” in order, presumably, to bring it to the legal width.[[743]] Merchants frequently paid heavy fines to escape the ordinance altogether.[[744]]
When the barons in 1215 insisted upon John enforcing his brother’s ordinance in all its rigour, they took a step in their own interests as buyers, and against the interests of the trade guilds as sellers. Although this provision was repeated in all subsequent charters, it seems never to have produced much effect. The difficulty of enforcing such provisions in their strictness was great, and evasion continued. One example may suffice. In the second year of Henry III.[[745]] the citizens of London paid 40 marks that they might not be questioned for selling cloth less than two yards in width. Here is an illustration of the practice of the judges to which Hoveden had objected, and which Magna Carta had apparently failed to put down. Sometimes, however, the provisions of Richard’s Assize of Measures and of John’s Assize of Wine were still enforced. In 1219 a Lincolnshire parson, with a liberal conception of the scope of his parochial duties, had to pay 40s. for wine sold extra Assisam.[[746]] Parsons, apparently, might engage in trade, but only if they conformed to the usual regulations.
[737]. R. Hoveden, IV. 33-4.
[738]. At a later date cloth of an alternative standard width was also legalized, viz., of one yard between the “lists.” Hence arose the distinction between “broadcloth” (that is, cloth of two yards) and “streits” (that is, narrow cloth of one yard). (See Statute I Richard III. c. 8.) The word “broadcloth” has, long since, changed its meaning, and now denotes material of superior quality, quite irrespective of width. See Oxford English Dictionary, under “Broadcloth.”
[739]. Cf. supra, c. 20, for “amercements,” and supra, c. 24, for “custodes” of pleas (or coroners).
[740]. See R. Hoveden, IV. 100.
[741]. See Hoveden, IV. 172, and Stubbs, Const. Hist., I. 616.
[742]. See Pipe Roll, 4 John, cited Madox, I. 566.
[743]. See Ibid.