erve for a year as butler and brewster at
Smithhills, 4_d._" Previous entries state that 12_d._ was paid to John
Horebyn "upon erlynges" of a bargain for ditching, and that "3_d._ was
given of erles unto the gardener for his hiring another year."

Mr. Gerald P. Gordon, to whom we are indebted for much valuable
information, quotes as an analogous instance the gift of the "King's
shilling" to a recruit on enlistment. As regards mercantile transactions
he considers that the usage "was not so much a partial or symbolic
payment of the price as a distinct payment for the seller's forbearance
to deliver to somebody else." This view of the case appears to us
extremely doubtful, as it would render the contract binding on one of
the parties only--namely, the buyer; whereas Bracton and "Fleta" aver
that if the seller default he must pay double the earnest. Mr. Gordon
subsequently adduces a Preston decree, that "if a buyer should buy any
goods in large or small quantities and give earnest, and he who agreed
to sell should rue the bargain, he shall pay the double asked. But if
the buyer fingers the goods, he must either take them or pay the seller
5_s._" We infer, therefore, from his evidence alone, that the payment of
earnest was essentially symbolical and served all the purpose of a
written contract.

That the act was regarded as expressive of mutual understanding is shown
by a Northampton ordinance of about the year 1260: "That if anyone put a
penny or any merchandise before the seller be agreed to the bargain, he
shall forfeit the penny to the use of the bailiffs." The importance of
the due-fulfilment of the contract was recognized by the imposition of a
penalty on anyone who delivered the earnest and afterwards declined to
make good the bargain. At Waterford about 1300 it was enacted that
"whoever gives God's silver and repents, be he who he may, shall pay
10s."; and at Cork in 1614 an ordinance was passed, disfranchising the
defaulter of his councillorship and freedom and compelling him to pay a
fine of L20.

In the early part of the sixteenth century God's Penny was paid at
Waterford on ships' freights; and at Youghal, in 1611, it was paid into
court for the right of buying wines on board ship. As may have been
noticed in previous examples, the arles did not necessarily consist of a
penny. An ordinance of Berwick of the year 1249 declared: "If anyone buy
herring or other aforesaid goods and give God's penny or other silver