1550.
For the better preservation of peace during the fair the Lieutenants and Commissioners of the University ordered a “night watch” to be kept by the scholars and townsmen. The colleges were to supply the watchmen to the number of twenty in the aggregate “to be thir in redynes, harneshed and weponed, befor the bell of Sᵗ Johns at vii of the clock be ceased; in defawt whereof every college in whom such defawt shal be, to paye to the Proctours xii d, wherewith to find other in their roms” Item, that over and beyond the said number the said Colleges have in redynes other xxiiii according to the rate aforesaid.
The town paid £2 4s. 4d. to the bailiffs and others “for monye spent at the watche in Stirbridge fayer.” These watchmen wore red coats and went the round of the fair every half hour, calling out lustily “Look about you there.”
Pewterers Company of London.—On the 10th Sept. in this fair the Wardens of the Pewterers Company of London seized certain salt-sellers, pots and covers of pewter, which were of insufficient metal, and which they therefore alleged to be forfeited. The searchers of the University and Town, however, claimed exclusive jurisdiction of the Fair, and took the pewter from the Wardens, who exhibited an information in the Exchequer against one of the Esquire Bedels and one of the Searchers; but on the 21st Nov. the Privy Council sent the following letter to the Wardens:
Whereas the Universitie of Cambridge have bi the kings majestie, and other his noble projenitours, charters, among other things the viewe, serche, correction, and forfeture, of all pewter that comyth to Sturbrige fayr unmerchantable, and youe John Daye and Stephan Rowlandson intermedled with the serche therof clayming the moytie of all such pewter as ther was found forfeted, and being therof denyed have put in to the kings majesties court of the eschekyr for the recovery of the sayde moytie, an information agaynst John Mere one of the bedels for the said universitie, and the officer appointed with other for the serche therof aforesayd. The kings majesties pleasure is, for saving of the sayd privileges, that youe procede no further therin, but suffer the same to staye and hang untyl his majesties wyll be further knowen, and this shall be your sufficient warrant for the same. Fare ye wel, From the Kings palace of Westminster, yᵉ xxi November, 1550.
Your lovyng Friends
Edw. Somerset, T. Cant. J. Warwicke.
J. Bedford W. North[ampton], Ed.
Clynton. W. Paget, T. Ely.
There is a letter of the King’s (Edward VI.) extant which shows precisely why the Council took this course:
Aftre our hartie comendacions; wheras contrary to certain privileges graunted by the kings majestie and his noble progenitours unto his universitie of Cambridge oone John Daye and Stephan Rolandson wardens of the crafte and mistery of the pewterers within the citie of London, have put in a certaine information with you in the King’s courte of Thexcheker agaist John Meare oone of the kings bedells for the universitie of Cambridge for certaine pewter seased unto the king’s use at the last Sturbridge feare, his highness’ pleasure is that you proceade no further to judgement therein, but suffre the same to stay and hange untill his majestie’s will be further knowne, and these shall be your sufficient warrant for the same. Fare you well, from the kings majistie’s palace of Westminster the 22 of November 1550.
Your loving frend.
This sent to the barons of th’ Exchequer from the counsayl.
Item another to the promoters ut infra by the same counsaylors.
In the accounts of the Fair of this year are the following items—the result probably of causes heard by the Court of Piepowder—recorded thus: “receyved bi the Bedel and the Townsmen & partly found by promoters”:
At the bottom of the page, in a different handwriting are the three following items of disbursement:
| Item, for the women for the sewing | ii s. |
| Item, paid Wyllm Grange for a cappe | ii s. iiii d. |
| Item, for our chargys at the fayre | x s. |
New Charter.—1553. On the Feast of St. Mark the Evangelist, it was agreed by the Mayor, Alderman and Twenty-four, that the Town for their possessions and the other possessioners [owners of stalls and booths] in Sturbridge fair, should pay the King (Edward VI.) 1000 marks for the fine for Sturbridge Fair; that the body of the town should pay one half of all charges of obtaining the new charter, and the town for their possessions and the other possessioners to pay the other half. It was also agreed that the Recorder and others should have authority under the Common seal to sue to the King’s majesty and his honourable Council for a new Charter for the fair; and further that Mr. Robert Chapman and Mr. John Rust should pay no money towards the charges of the charter, in consideration of their pains in obtaining thereof, and £90 1s. 0d. was paid then towards the first instalment of 200 marks for the King’s fine.
The Charter was not however obtained in this reign, though the 200 marks were actually paid. “Annals,” ii. p. 70. See 1555, 1561, 1574, 1576, 1577, 1584, 1589—when new Charter was obtained by the town.
1555. 30 Jany. The Mayor, Aldermen, Twenty-four and Bailiffs gave authority to Mr. Robt. Chapman and Mr. John Rust to go to London to make suit to the Council touching the supplication made to them for the payment of the 800 marks; and for the setting forth and making the patent for the confirmation of Sturbridge fair.
1556. The question of Lynn Fair—apparently as to its revival—came on again this year, and on 2nd Aug. the Corporation ordered that the Mayor, Mr. Chapman, and Mr. Rust should frame an answer to a letter from the Bishop of Ely concerning Lynn Fair, and make objections in shewing why the same ought not to be had; and that the Town Clerk should carry the answer to his Lordship.
1557. On 23 June the King and Queen (Philip and Mary) by letters patent, granted to the Mayor, bailiffs and burgesses, a certain annual rent of £8 15s. 2d. issuing out of shops and booths in Sturbridge, which had been granted for the maintenance of obiits and anniversaries (see 1459, 1496, 1503, 1547), and alms to the poor of the town. The letters patent state, that this Rent had been seized into the hands of the Crown, under the statute of Chantries (1547) and that £6 10s. 6d. part thereof had been paid to the mayor, bailiffs and burgesses for distribution amongst the poor. This is expressed to be made from the King and Queen, that the rites and ceremonies of the Catholic Church should be maintained, and the wills of the donors performed! And also because the shops and booths in Sturbridge Fair, being of customary tenure, were not within the statute of Chantries.
The same King and Queen granted the following tolls payable for the merchandise brought to the fair. This is important as showing the nature of the goods brought at this period:
Custom and Toll due in the time of Sturbridge Fair for divers wares brought thither:
1558. The University of Cambridge being in want of money the question was again raised (see 1547) of selling to the Corporation of Cambridge all privileges in this fair. The proposal met with strong and successful opposition from the Provost of King’s College (vide Fuller’s “Hist. of Univ. of Camb.”). In the “History and Antiquities of Barnwell Abbey,” 1786 (p. 78, part ii.) there is the following: “Robert Brassil ... who being Vice chancellor, in 1558, was much commended for his wisdome in withstanding the heads & masters of Colleges in this universitie; when, as they had all except him, consented & concluded to sell all their wrightes and jurisdictions in Sturbridge Faire to the mayor, bayliffes & burgesses of the towne of Cambridge.”
Drapers, Merchant Taylors, and Clothworkers of London.—On 3rd Sept. 1557, a letter was addressed to the Vice-chancellor and Proctors of the University by Nicholas Hethe Archbishop of York, Lord High Chancellor of England, and Thomas Thirleby, Bishop of Ely, stating that complaint had been made unto them by the Drapers, Merchant Tailors, and Clothworkers of the City of London, that they repairing theretofore with their cloths to Sturbridge fair, had been troubled in the sale thereof, through unlawful searches pretended by divers light persons more for their own private gain and the vexation of the merchants than for any good intent to have the Statutes duly executed. Their Lordships therefore required, that in future no such unlawful searches should be made by any such light persons, and that merchants should not be otherwise disquieted or ordered than was ordained and provided by the Statutes of the realm. “Annals of Camb.” ii. p. 135.
1559. There were again disputes between the University and Town of Cambridge respecting the watch at time of the fair. The following memorandum drawn up by the mayor embodies the views of Lord North and the Lord Chief Justice of the Common Pleas thereon:
After our verye harty commendacions, Where we of late with the advise and consent of the rest of the Justices of peace of this Shire take order for the better & more quyet governement of this shire, That duringe this Stirbridge fayre tyme the watches for the Universitie & Towne of Cambridge sholde lovinglie joyne togither & be dubled, whereof our verye frende Mr Baron Frevyll dyd take upon him to advertyse you of the same, by occasion wherof we dyd forbear to wryte unto you therein. We now ar enformed that ye ar not as yet fully agreed to joyne togither in the execucion of the same for certaine respects that ye have to the preservation of your liberties, Wherefore we do feare great inconveniens and perill may growe, onles ye do spedelye conforme yourselves thereunto. These are therefore to advertyse you & requyre you for the more quietnes of this cuntrye & Towne, and for the Queenes Majesties better servyse that ye forthewith conjoin yourselves togithers accordinglie, notwithstandinge any persuasion to either of you to the contrarye.
And furthermore understandinge that there ar allredie a nombre of Sturdye Vacabonds & masterles men come unto Cambridg for some yll purpose as it is supposed; We therefore do likewyse desyer & requyre you in hir majesties behalfe, that ye do take a great respect unto the apprehendinge of them, and to the safe keepinge of them untill the faire be past. We meane such as come not to the intent to labor, or otherwise lawfullie to get their livinge prayenge you that if upon eny examinacion of anye of them ye shall fynde eny matter worthye to be further examined & tryed out, to advertyse us immediatelie therof so that we maye yᵉ better ayed & assist you for your better service & procedinge in the same, nothinge doubtinge but yᵉ will lovinglye & effectually consider the premisses in suche wyse as both you and me maye avoide displeasure and blame. And thus we byd you hartelye farewell. From Carleton this Mondaye, the iiij of Septembre, Aᵒ 1559.
1561. The Corporation appear to have renewed their application for a grant of the fair. It was ordered that the expense of the inquisition for the new charter should be borne by the town.
1562. There was a great flood, so that the portion of Sturbridge called the “Waterfair” could not be occupied by the booths accustomably built there. Whereupon the Corporation directed Robert Chapman and others to assign another place for such booths for this year’s fair only.
1567. This year George Aylston, merchant, on behalf of the Corporation of Sudbury instituted proceedings in the Duchy Court of Lancaster against Christopher Fletcher alderman of Cambridge, for taking his goods at this fair. Fletcher alleged that he took the goods as a distress damage feasant, and it seems had a decree in his favour.
1568. Citizens of London.—On 4th Nov. the Corporation of Cambridge deputed Roger Lord North the mayor, Francis Hinde Esq., and the Counsel-at-law of the town to deliberate in what way it could be contrived that the citizens of London might return to Sturbridge fair, as of old they were accustomed. “Annals,” ii. p. 235.
1571. As early as 1545 there had been passed by the Corporation of Cambridge “an Ordinance for the setting of Willows.” This ordinance “for planting willows on the commons, drains, moors, marshes and fens of the town” was renewed this year. Every alderman might set six score of poles and every burgess four score up the banks of any surface, drains, ditches, &c. They to lop and top for their own use and advantage, cleansing from time to time the drains &c. on which the same were planted. The said willows to be held on the same terms as the booths at Sturbridge fair were held by the burgesses, &c. See 1575.
1574. On the 21st Nov. Dr. Perne, Vice-chancellor, wrote to Lord Burleigh on the subject of the Plague visitation in Cambridge, and in the postscript to the letter made the suggestion of a new charter being granted to the University as follows:
I am enformed that there is sute made to yᵉ Queen’s majestie by some of her highnesse privie chamber for Sturbridg faire, for that it hath stand seased unto her highnes hand sithence yᵉ tyme of the raign of her highnes father, the wʰ if it might please her highnes to bestowe to the University, there might be such a worthie and perpetual monement made by the rent thereof, as her majestie did most gratiously promise at her last beinge at Cambridg in her highnes Oration made there, & the Townesmen that be nowe occupiers thereof, yeldinge a reasonable rent to yᵉ university for their severall boothes. Thus I am bold to put your honor in mynd of this, referringe the whole matter to your honors best consideracion to do herein as yow shall thinke good.
1575. At a Common Day held in the Round Church (probably on account of the Plague being near the Guildhall) on the 25th March the Corporation made a Declaration as to the tenure of booths at Sturbridge fair of which the following are the principal portions:
Forasmuch as some question hath bene made of the maner of tenure of booths in Sturbridge Fayer, some houlding one opinion, & some another, everie man speakinge his fantasie therein, affirminge his owne opinion to be the true custome, and that it ought to stande for truethe; for that it hath not bene generally knowne to all men whether any Custome hath remained written in any records of this towne concerninge the same fayre, yea or no:
Commandment therefore had been given to the Town Clerk to search the records of the town. This had been done and “it is founde in the oulde and ancient record called the Cross Booke of the sayde Towne, that remaineth there written.” This I have already given, under date 1403. The same was reaffirmed; and it was now ordered that every burgess claiming a booth must have his title thereto entered in a book to be kept by the Corporation for that purpose; and thereafter he might alienate the same to any other free burgess by due entry in the said book in manner and form provided.
1576. 8th Dec. The Corporation sealed a power of attorney (dated 30th Nov.) authorizing the Recorder and others named to act in all matters before the Queen and her Council, and in all causes and businesses touching the town, particularly the redemption and confirmation of Sturbridge Fair. To this end the Corporation empowered the Mayor and others to rate the possessioners of booths in the fair towards the payment of 1000 marks for the fine for the fair.
On 13th of same month Lord Burleigh the Chancellor, and the Earl of Leicester High steward of the University wrote to Dr. Goad the Vice-chancellor, desiring that there might be a conference between the heads of the University and Town relative to the contemplated grant of the fair. Lord Burleigh it seems had obtained from the Queen a declaration that no petition of the townsmen respecting their fair should be received to the prejudice of the University.
A meeting took place early in the following year but no friendly understanding could be arrived at.
1577. The matter of renewing the charter of the fair was again before the Queen. On a petition being presented on behalf of the Corporation the Royal reply was “that she would not take away any privileges that she had granted the University, but would rather add to them”; and for this declaration the University returned her a letter of thanks. “Annals,” ii. 358.
At the fair this year the Mayor, Recorder, and Aldermen of the Corporation ordered a haberdashery booth to be pulled down. Reason not stated. The Corporation sustained the order.
The following articles were purchased at the fair for the household of Lord North. The record of prices is particularly important:
A C. Salt Fish, Lixˢ; whight salt, iij stone, 1 qt. iij lb. xiijˢ; bay salt, iij qt. Lvjˢ; 2 kettles, xiijˢ vjᵈ; ix dust baskets, iiijˢ; vj pailes, ijˢ vjᵈ; 2 firkins of soape, xxixˢ; Feather bed tike, xixˢ; a Jacke ijˢ ijᵈ; a frieng panne, ijˢ ijᵈ; hors meat xvjᵈ; 20 lb. of raissins, vˢ; 20 lb. Corants, vijˢ vjᵈ; 10 lb. prewens, xxˢ; Liiij lb. gon Powder, Lviijˢ vjᵈ; 14 lb. of matches, iijˢ ixᵈ; dogg cowples xxᵈ; 10 lb. Sugar, xijˢ vjᵈ.
1578. The “provision bought at Sturbridge Fayer” for the household of Lord North this year, comprised: Codds bought ccccli. vijˡⁱ xvˢ; Soape bought 2 firkins xxviijˢ; Salte bought iijˡⁱ xiiiˢ iiijᵈ; Lynen clothe pd. for xxxvijˢ.
1584. An unsuccessful attempt at accommodation between the University and the Town was made in 1580. The former sought for additional privileges which the latter would not grant. This year a more successful attempt was made, and except upon three points, the parties had agreed to “both books” (i.e. draft charters). The points were these:
1. As to an interpretation of “common ministers.”
2. The demand of the University is unreasonable to have all graduates in England go toll free. “That the towne assentith as they ment it at the first, That all graduates for lernings sake abydyng in the Universety or Towne shall goe toll free.”
3. The town had already assented that the University should have more retained servants than they had before. “But squyre beadalles should eche of them have one reteyned servaunt priviledged (being themselves but servauntes), The Towne thinkith it inconvenient, and neither did, nor yet doth assent therunto: for all other matters concerning both bookes, both parties are agreed. So as that be perfourmed which hath bene concluded in former conferences.”
1586. The negociations between the University and the Town were renewed this year. The following document shows the position of the negociation, as also that the town were to have the new charter; it also shows the extreme jealousy with which each body viewed the acts and proceedings of the other—it was a genteel manifestation of “Town and Gown” divergencies, which have become historical:
Sturbridge. The towne hath obtained of her majestie a graunt of Sturbridge feyre, to the booke of that graunt the universitie addith a proviso to this effect viz that neither that graunt nor anything therein conteyned should any ways prejudice the universitie of Cambridge, or any member thereof, in such thinges as the universitie enjoyed before the sayd graunt! The towne sayth that that proviso is to large, forasmuch as it may be extended to all thinges which the universitie befor enjoyed, as well within the feyr as els whear, we confesse it is so; and we say it is great reason it should be so, least under the colour and pretense of Sturbridge feyre, they might carry away some other of our commodities wʰ her highness never meant. So shortly we say thus muche; seing our proviso is nothing but a restreint of their book: How farre so ever their book reachith, so farre reachith our proviso and no further.
This is the brief our present difference, &c. &c.
This year was simplified the form of procession made in proceeding to read the Proclamation of the University.
New Charters.—1589. The proceedings already recorded (with some others in 1587 not specifically referred to) ended in the grant of new charters of the fair to the Town and also to the University of Cambridge respectively. The charter to the town passed the Great Seal at Drayton on 15th Aug.; that to the University on 30th Aug.
The charter to the Town commences with a recital that previously to the 30 Henry VIII. the mayor, bailiffs, and burgesses had from time immemorial had and used a fair called Sturbridge Fair held at Barnwell and Sturbridge, in the county of Cambridge and within the liberty of the town, beginning on the Feast of St. Bartholomew the Apostle, and continuing from thence till the fourteenth day next after the Feast of the Exaltation of the Holy Cross; which fair, from the advantages of the place, its contiguity to the University, and the fitness of the season, far surpassed the greatest and most celebrated fairs of all England; whence great benefits had resulted to the merchants of the whole kingdom, who resorted thereto, and there quickly sold their wares and merchandises to purchasers coming from all parts of the Realm to buy and provide salt-fish, butter, cheese, honey, salt, flax, hemp, pitch, tar, and all other wares and merchandises, and from the profits of which fair the mayor, bailiffs and burgesses levied the greatest part of their fee-farm, and supported and maintained the town in its ways, streets, ditches [sewers] and other burthens.
Of the Quo Warrant in the 30th Henry VIII. and the subsequent proceedings thereon. The Queen had been requested to grant a charter and had assented “moved thereto by royal pity, by a sense of the utility of the fair to the town and to the merchants of the kingdom, and that the town should be lightened in its burthens, and increased and honoured under her prosperous and peaceful government.” The Queen therefore delivered out of her hands and conferred to the mayor, bailiffs, and burgesses and their successors, the fair in question, with all profits, commodities, courts, profits of courts, authorities and jurisdictions, booths and power of building booths in the accustomed places in the fair.
All rights had or enjoyed by the University, or its officers under any gift, grant, or confirmation from the crown, or any act of parliament, or “used for the greater part of 20 years then last past” were reserved to it.
Power given to Corporation to make rules and statutes for the peaceful and quiet government of the fair; and with respect to the building and removing of booths, and the disposition and assurance thereof by will, gift, surrender or otherwise; and also for placing the several arts, occupations, mysteries, merchants, workmen, and others holding booths in the fair in the places assigned and accustomed to the same arts &c. and especially in that part of the fair called Cheapside. Such Ordinances &c. not to prejudice the right, title, or interest of burgesses holding or possessing booths according to the customs and ordinances of the town, or to derogate from the privileges of the Chancellor, masters, and scholars used during the greater part of twenty years then last past. New rules might be altered and revoked as circumstances should require.
The sellers of mercery or grocery ware were forbidden to be stationed or to occupy any booth in the fair for selling such wares except in Cheapside. Woollen cloths were to be exposed for sale only in the “Duddery.” Goldsmiths were not to be stationed, or expose their goods to sale any where except in Soper Lane, otherwise Goldsmith’s Row; and pewterers and braziers were in like manner to be confined to Pewtry Row and Brazier Row.
The burgesses who held any booth for life or years, or who should afterwards acquire any, were to hold the same as theretofore.
The charter to the University, expressed to have been granted by the authority of parliament, contains provisions relating to the town as well as to the fair. I shall confine my abstract to the latter. It was granted out of love of the University, to confirm and establish the privileges, liberties, immunities, pre-eminences, authorities, powers, jurisdictions, profits and commodities of that body in Sturbridge Fair, as granted by the charter she had given in the 3rd year of her reign. She granted to the Chancellor masters and scholars and their successors solely and wholly for ever the office of “Clerk of the Market,” and the assay of bread, wine, and ale or beer, and the keeping and governance of the same and the correction and punishment of offenders, with the fines, forfeitures and amerciaments thence arising in the fair and the precincts of the same. Also the supervision of measures and weights, and the jurisdiction to inquire of all forestallings, regratings, and ingrossing of victuals and other things and wares within the fair or its bounds and precincts, and to banish, chastise, and correct according to the laws of the realm and the customs of the University. Also right of search in the fair for harlots and vagabonds.
The proclamation of the fair was to be made by the University and Town in alternate years. All goods carried to or by the fair, or to the town, or in the river to the use of the Chancellors, masters, scholars, or colleges, or to or for any of the graduates residing within the town or University, or within five miles thereof to be free of toll.
The University to have exclusive jurisdiction in suits wherein scholars, scholars servants “or common minister of the University” were one of the parties. Also to hear and determine plaints concerning victuals or contract for victuals arising in the fair, except in cases between a burgess and a foreigner not privileged of the University, which should be heard before the Mayor, &c. The court of the Chancellor &c. within the fair to be a court of record with all powers according to the statutes of the realm, or the laws and customs of the University. The last named court to be held within the fair or its precincts, and the Queen granted a sufficient piece of ground for the purpose. But if by flood or other chance the accustomed place should be unfit another place was to be provided.
The University to have exclusive authority to inspect, search, try, assay and gauge all victuals in the fair. The daily inspection and search of all other wares (except leather and sackcloth) to be made by four suitable men, appointed by the Chancellor and Mayor respectively. And the court for adjudication upon the same to be held by the Chancellor and Mayor in alternate years, each aiding the other in the performance of the duties. The remaining numerous provisions are not necessary to be cited in view of our present purposes.
It was the belief of the townspeople that this charter to the University had been obtained by reason of a betrayal of the rights of the town by the then Mayor. And the following was recorded at the foot of a transcript of this charter. “One Gawnt was Mayor of Cambridge, who att London assented to these new jurisdictions of the Universitie, and therein betrayed the towne, who shortlie after was putt [out!] of his Aldermanshipp & lived the remaynder of his life in great want and miserie, and hatefull to all the townsmen.”
1591. On 30th Aug. the Corporation made orders that all the provisoes, conditions and articles contained in the new charter touching booths in Sturbridge Fair, should be inviolably kept and observed in all points, according to the tenor, true intent and meaning of such charter: that it should not be lawful to any tenant or owner of any booth to admit or suffer any merchants or artificers of sundry wares to stand and sell wares in one booth: and that it should not be lawful to any merchants or others bringing wares to Sturbridge Fair to sell any wares, except salt, out of any vessels upon the water there, until the fish booths were let to farm.
On 15th Sept. Richard Parish of Chesterton “a very violent and turbulent person, attacked and wounded with a dagger some scholars who were with him in the ferry-boat between Chesterton and Sturbridge Fair. He was arrested by a master of arts of Trinity College and others, but was rescoued from them by the prentises in the faire.” A new manifestation of the “town and gown” troubles.
1592. On 28th Aug. the Corporation of Cambridge made orders that none but freemen should, in time of Sturbridge Fair, sell and deliver fish in any hut or vessel on the water, until the fish booths in the water-fair were let, and then to make composition with the bailiff of the ward. And that all except freemen, who brought pitch and tar to the fair to be sold, should pay 2s. per last for grinding to the bailiff of the ward; and that if any suit or controversy at law should arise about executing the premises, the charges should be borne by a levy to be assessed upon the burgesses.
1595. Memorandum, that this daye and yeare by a common consente, it is agreed, that the order made ... Feby anno Regni Hen. Octavi 13ᵒ concerninge enjoyers of booths to dwell within the towne; and shewinge in what time he shall sell them yf he go out of the towne, shall stand, remaine and be in full force and effecte; and that no maior of the towne of Cambridge from henceforthe shall propounde any grace, or do any acte or actes, devise or devises whatsoever, to the breache or violating thereof; and that the maior of this towne, yearly to be chosen, on the daie of his election, or on the daye that he taketh the oathe against vintinge, shall make solemn oathe to the observation hereof “Hist. and Antiq. of Barnwell Abbey” (p. 96, part ii.).
1596. 16th Aug. The Corporation made an order that every burgess who should thereafter buy any booth or booth-ground in this fair should at the time of his admission thereto, make solemn oath before the mayor, that he had bought the same simply to the use of himself and his heirs, and not to the use of any foreigner or foreigners, without fraud, collusion, or deceit.