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the City of London, 13 Edward I., "never of any ancient
time used to buy and sell garments, household stuff, or take
pawns and bills of sale of garments and apparel and all things
that come to hand for money laid out and lent upon usury, or
to keep open shops and to make open shows and an open trade
as now of late years hath, and is used by a number of citizens
assuming unto themselves the name of Brokers and Brokerage,
as though the same were an honest and lawful trade, mystery
or occupation, terming and naming themselves Brokers,
whereas in truth they are not; abusing the true and honest
ancient name and trade of Broker or Brokerage." The
preamble further sets forth that the number of these men
"being friperers and no brokers," had grown of late to many
hundreds in and near the City of London, and were likely to
increase, because their new occupation was a "more idle and
easier" mode of life, besides being more profitable, than the
former handicrafts which they had abandoned.
Nor was this the greatest objection urged against the pawnbroker,
for the preamble of the Act goes on to say that not
only Freemen of the City of London, but also inhabitants of
Westminster, "where they pretend to have the like overt
market as the City of London," under cover of pawnbroking,
encourage theft and robbery, because "all kinds of bad and
lewd persons," knowing and finding that no sooner true men's
goods can be stolen "but that they shall and may presently
utter vent, sell and pawn the same to such kind of new
upstart brokers for ready money." For remedy thereof,
stolen goods did not become the property of the purchaser, and
"the upstart broker" was required to disclose to any person
who had been robbed what goods had come into his possession
and how he came by them. The early pawnbrokers appear to
have been largely concerned in that peculiar kind of commercial
transactions against which one portion of the Habitual Criminals
Act was directed, although probably not with entire success.