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THE KING'S MILLS OF ANCIENT

LIVERPOOL.

By Richard Bennett.

(Read 12th March, 1896.)

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ORN mills possess a distinctive historical interest over every other manufactory the world has known. If the irrigation wheel was the first power machine devised by human ingenuity, the water cornmill was its immediate successor. The ownership and working of corn mills have been for centuries, even down to modern times, the special prerogatives of the rulers of the people. None but they or their nominees could " presume to set "up mills." In England, In England, "King's Mills" and King's Millers" for centuries were as household words; and Milling Law (binding the nation to support the mills) is older than our statutes, and was the common law of the land by immemorial

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custom.

RECORDS OF THE CRAFT.

These are the facts which invest milling history with its special charm. They are also the considerations which may, perhaps, in the future lead historians to elaborate the diverse records of the craft. These are found scattered through charters

of kings and barons, customs' rolls of mediæval manors, chartularies of most monastic houses, muniments of all our ancient cities, national archives of sovereigns and parliaments, pleadings and awards in courts of law from Plantagenet days almost down to the present century; and transactions of municipal corporations who have, in recent times, raised rates to buy out and destroy milling obligations created by ancient feudalities.

It is

from such sources as these that the records of mills and milling are to be derived. But, closely bound up as the trade has ever been with great affairs of national concern in the past, intimately as it is associated with national prosperity in the future, our national historians and local topographers alike appear to have consistently ignored its importance. No History of British Corn Milling" has ever been attempted; and it is to remedy, in some degree, this obvious omission, that I have been led to undertake a comprehensive work on the subject, which I hope will shortly appear in print.

From the commencement of the Norman rule in

England, corn milling, together with its allied. pursuits of corn dealing and bread baking, received the constant and anxious consideration of kings and parliaments. William I, indeed, manifested little concern with the corn supply, but did not fail to schedule in Domesday the number and value of the mills throughout the country, the great portion of which indeed belonged to himself. For ages our statute books abounded with enactments controlling alike the corn dealer, the baker, and the miller, and penalising them for frauds on the public. The tumbrel, the hurdle, and the pillory were long the favourite means of punishment; and, in Ireland, the gallows was held in terrorem over the head of the miller who should purloin even four pennyworth of flour.

The evident intention of centuries of milling and corn-law and bread-assize legislation was to regulate prices and prevent an undue increase in the cost to the people. But, notwithstanding the evident care manifested in this direction, the expedient of providing national stocks of grain in seasons of plenty was never adopted, and, though famines were of periodical occurrence, it was indeed but once, and then only slightly, attempted. Public opinion at the present day presents a striking contrast to this. There is a demand for public granaries, to provide against scarcity in the event of war; and the trade journals as well as the daily press are full of a controversy on the necessity of legislative interference: not now, as anciently, to cheapen corn, but actually to make it dearer. In the milling world the ancient and the modern laws and aims present a contrast quite as great. Still, like our national historians, our lawyers have had very little to say on the subject; and Barrington, in his Observations on the Statutes, justly remarks"Less is to be found with regard to mills in the "laws of England than perhaps in those of any "other European country."

In the same way Liverpool topographers have been unanimously silent on the topic. Kings and queens, earls and dukes of Lancaster, the Stanleys, Molyneuxs, Mores, Crosses, and many another of the old Liverpool families, as well as the Corporation, have in their turn owned and worked Liverpool mills, and bound the citizens under heavy penalties. to grind their breadstuffs at them, "for the maintenance of our mills and our inheritance," as Queen Mary once observed. From kings to squires these manorial lords for ages drew considerable revenue from milling rights in Liverpool, and, so long as they could, held to them tenaciously and fought for them. Yet the local records, few and

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fragmentary, it is true, compared with those of many other towns, have all been overlooked; and the present attempt to gather and collate them is a novel, if imperfect, contribution offered to the history of Liverpool. This paper is necessarily very brief, and comprises no more than a rapid sketch of the whole subject. It will be understood that it refers solely to the ancient King's Mills of Liverpool, which practically became extinct at the close of the 17th century. While they lasted, these mills held the monopoly, designated by the old Saxon term "soke."

MILLING SOKE.

Whatever may be said for or against the soke system (and a good deal is possible either way), the milling archæologist, at all events, has reason to be grateful for the records it has bequeathed. Without soke, milling would have had no fuller history than, say, carpentry, which has neither been controlled by legislation nor hampered by monopoly. Soke is commonly regarded as a Norman feudal institution, but, though it attained its perfect development under the Norman feudal system, it was probably in operation in Britain among the Saxons before the Conquest, if not in that earlier period between the 7th and 10th centuries, when feudalism was gradually being developed on the Continent. The very term itself is of Saxon derivation. There was the privilege of exclusive jurisdiction in a Saxon manor, saca; the district over which the right of saca was exercised, soca; the special system of land tenure under a manorial lord, socage; and the tenant, socman. The soke of a mill comprised the franchise system upon which it was held under the manorial lord, and under which it was worked.

The actual possessor of all landed property in England after the Conquest was William I; and until he granted certain portions of that property away, and their rights of local government with them, he alone possessed the right to erect mills anywhere throughout the country. At that early stage this right was included in the jura regalia. So soon as William alienated part of the right, it lost this primitive character, and subsequent monarchs only possessed equal milling rights with other manorial lords; that is, they enjoyed the rights only on their own private manorial

estates.

There is little doubt the manors of the AngloSaxons possessed this franchise, and though their laws afford no evidence of the custom, the contemporary Laws and Institutes of Wales distinctly include, among a lord's possessions, "the toll of "his mill." The Normans perfected this and other feudal customs in England, and under them (still by custom and not by any statute law until 1276) the right to build or own a mill was vested solely in the manorial lord; and the tenants on his estate were bound by him, if he chose, to abjure the use of their much-prized querns and grind their corn at his mill, paying a certain toll in grist. Any tenant grinding elsewhere was liable to forfeiture of the corn and the horses which carried it. lord held his court-leet, at which such offenders were ordinarily tried; but sometimes, as at Chester, where the famous King's Mills of Dee have stood for eight centuries, a special "Court of the Mills. was constituted, for the trial of purely milling offences. These rights These rights and privileges, in brief, constituted the soke of a mill. The system, of course, began with water-mills, and was continued with windmills (when, in the 12th century, they were introduced); though when the age of steam arrived,

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