CHAPTER XXVI

The Growing Power of the Towns

Back in early Saxon times we find that the inhabitants of a town

were banded together to keep the peace, thus forming a society

pledged to each other--the Peace or Frith Guild. It lost nearly all

its _real_ power in later Saxon and Norman times. But it did not

actually die out, and it appears that from this Frith Guild what

we now understand by a corporation took its rise. The guild was a

great power in some of the Saxon towns; only those belonging to it

could trade in the town, and its members were very slow to admit

outsiders to share in their privileges.

We have seen that the free, or nearly free, tuns gradually came

under the power of an overlord--the king, a bishop, a baron, or a

monastery, as the case might be--and very little real power was

left to the guild. The overlord appointed a reeve to look after his

interests, and the government of the place was in his hands. Yet

the old Frith Guild seems to have regulated matters connected with

the _customs_ of the town, which did not interfere with the lord's

rights.

[Illustration: _Seal of Guild Merchant, Gloucester, 1200. The

city gates are represented in the centre._]

When we reach Norman times we have come to a period during which

the towns improved their position. The Norman Conquest led to

increased trade with the Continent. The great building operations

here attracted skilled workmen and craftsmen to this country.

These men naturally found their way to the towns rather than to

the villages. They were protected and encouraged by the Norman

nobles, who preferred _their_ work to that of the Saxons. Although

they might be foreigners, these strangers had ideas of freedom

and liberty which fitted in very well with the town's ideas of

self-government. Then, too, these craftsmen were bound together in

trade societies or guilds, and that made them strong and worthy of

consideration in the places where they settled.

A charter to a town granted and secured to it certain privileges,

and a town with a charter became a borough town. The king granted a

good many charters to towns during the Norman period. A town which

wished to get a charter had to pay heavily for it. But it was quite

worth while for the town to secure the right which a charter gave

it--the right to manage its own affairs. What a town most desired

was to be free from the authority of the king's officer, to choose

its own port-reeve, who could preside over the court of the town,

so that the town might not have to appear before the hundred court.

By paying an annual rent to the king, however heavy the amount

might be, the town hoped to escape from the many extra fees and

taxes which the king's officers put upon it. It could then settle

its own disputes, raise its own taxes as it needed them, and punish

its own evil-doers.

In many cases bishops, barons, or religious houses were the

overlords of districts containing important towns, and those towns

managed to get charters from their overlords as other towns had

from the king. By so doing they could get out of the power of the

sheriff or shire-reeve. Charter or borough towns have most of them

been very particular to preserve their rights and privileges.

If you live in a small country borough town, or a city, you

will notice that two different benches of magistrates sit in

the town-hall to hear police cases; and there are two different

courts of justice, though held often in the same room. There

are first of all the Borough Sessions, at which the mayor of

the borough presides, and which deal with cases arising in the

borough, whether trifling or serious. Then, on another fixed day

in the week, in the very same building, another body or bench of

magistrates sits. These gentlemen usually come in from country

places outside the town, and the cases brought before them have to

do with the mischief done in the villages and country parishes.

These magistrates have nothing at all to do with offences committed

within the borough. These are the county magistrates, and their

court is called the Petty Sessions, or the County Sessions.

Some offences are too grave for the borough or county magistrates

to settle, and they have to be tried by a higher court of justice,

which has greater powers than the Court of Petty Sessions--the

Court of Quarter Sessions. The bench of this court is made up of

magistrates drawn from all parts of the county, and a jury of

twelve men, householders, from different parts of the county, has

to be sworn to hear the evidence in the cases to be tried. The

jury decides whether the man is proved to be guilty or not, when

they have heard all that can be urged for and against him, and the

magistrates decide what his punishment is to be, according to law.

There are some cases too grave or too complicated for the Court of

Quarter Sessions to decide, and these have to stand over to the

Assizes. These Assizes are held three times a year in the county

town of each county, and every prisoner in the county jail must be

accounted for. The court is presided over by one or more of the

king's judges. These are trained lawyers, and they attend in the

king's place, and are treated with much pomp and ceremony.

The sheriff of the county, properly attended, must meet the judge

or judges upon arrival. Formerly when judges on circuit travelled

by road from one county town to the next county town, the sheriff

of the assize town to which they were travelling met them some

distance from the town with a band of horsemen in quaint, old-time

uniforms, armed with javelins; and in a similar way attended them

for some distance out of the town when the assize was over. In most

places the javelin men have disappeared, or nearly disappeared, and

this guard of honour is supplied by mounted policemen. But there

are a good many quaint old customs and ceremonies still observed in

connection with the holding of the assizes.

[Illustration: _Court-house of Godmanchester, Hunts_

_An open court in which law proceedings were conducted in the

Middle Ages._]

[Illustration: FACSIMILE OF A PORTION OF A NORMAN DOCUMENT

Part of the accounts of the sheriffs (who acted as the king's

bailiffs) of London and the various counties for the year 1130-1.

The portion shown refers to Middlesex, and was photographed from

the original in the Public Record Office, London

[See page 92]]

Social Life in England Through the Centuries · 第 26 / 51 章