Badger (person)
Encyclopedia
A badger was, in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

, a term of uncertain derivation (possibly derived from bagger, a bag or person carrying one) for a dealer in food
Food
Food is any substance consumed to provide nutritional support for the body. It is usually of plant or animal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals...

 or victuals which he had purchased in one place and carried for sale in another place. The Oxford English Dictionary gives the earliest entry as being from Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...

 in 1500, but there were bager(s)gates at York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...

 in 1243 and in Lincoln
Lincoln, Lincolnshire
Lincoln is a cathedral city and county town of Lincolnshire, England.The non-metropolitan district of Lincoln has a population of 85,595; the 2001 census gave the entire area of Lincoln a population of 120,779....

 by 1252. It continued in use until the 19th century in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...

.

Badger was specifically applied to those dealing in grain for food, but was also applied generically to food commodity dealers. These included those dealing in grain for brewing (maltsters) or meal for bread-making, (mealmen) while others specialised in butter and cheese. Other grains, beans, peas or even vetch were traded in years when wheat and barley prices were high. The legislation also referred to kidders, drovers
Droving
Droving is the practice of moving livestock over large distances by walking them "on the hoof".Droving stock to market, usually on foot and often with the aid of dogs, has a very long history in the old world...

 of livestock, laders and carriers.

The primary statutes were 4 & 5 Edward VI, c.14, 'An Act against Regrators, Forestallers and Ingrossers' 1552 and 5 Elizabeth I, c 12, 'An Act touching Badgers of Corn, and Drovers of Cattle to be licensed' 1563. These prescribed penalties against the offences of engrossing (speculative accumulation), forestalling, (buying produce before it was offered in market), and regrating (buying and re-selling within the same market or within 4 miles). They required badgers to be licensed by three justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

 at quarter sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...

 and required them to be married householders, of 30 years of age or more, resident in the county for at least 3 years. Household servants or Retainers could not be badgers. In some counties Justices seem to have regularly imposed limits on licences, specifying the markets where badgers could buy or sell, the quantities they could buy or the number of packhorses they could use for carrying goods between markets.

The preamble to the statute of 1562 declared that many people took up the trade of badgering seeking only to live easily and to leave their honest labour. As with much of the Tudor regulatory legislation enforcement this may better reflect the fears of central government than the reality of the trade. Although there were complaints about abuses by badgers enforcement action was variable. There are few surviving records of licensing before the Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

, and it may not have been comprehensive. In that period most prosecutions for breaching the statutes were brought by common informers, whose reputation was poor. The licensing system is best seen as one of the powers which were available to the county justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

, which they used when local conditions required or when ordered to so by the Privy Council. The legislation was repealed in 1772, but forestalling remained a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

offence until 1844.

The contribution made by badgers to the provisioning of provincial cities and industrial towns is hard to calculate. However, they must have been significant, as local justices complained when neighbouring justices or over-zealous informers restricted their activities. There are also records of local communities petitioning the justices for a nominated person to be licensed specifically to buy grain to supply their market.

The word is now obsolete.
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