CHAPTER XIV

THE COMMON COUNCIL OF NORWICH

WHEN we turn from the southern to the eastern coast the first

impression is that of being transported to a new atmosphere. It is not

only that the outer forms of administration are different, for these

differences, however interesting, are but the changes rung on a common

system of local self-government. But in the political temper, the

vitality of the popular institutions, the vigour of reform, we breathe

a bracing air unknown in the Southampton docks and slums.

For the traders and artizans of the eastern coast lived in an

exhilarating clime. Across the water the towns with which they traded

were full of the movement of a free expansive life, very different from

the political depression of the communes which the Southampton traders

knew best. It was to the eastern coast that immigrants came flying from

tyranny and clamorous for freedom; and traders from the eastern towns

who watched in the streets of Ghent and Bruges and Ipres and Dinant,

the violent and tumultuous life of cities where the people were still

fighting for liberty, doubtless brought back from oversea tales of the

passionate temper of independence which swept through the manufacturing

boroughs of the Netherlands.

But however this may be, the towns of the east were distinguished by

an intense vitality; and among the eastern boroughs where civic life

was keenest and most fertile in experiment, Norwich was the pioneer

in the way of freedom,—twenty or forty years ahead of Yarmouth

in time[718]—beyond Colchester in the generosity with which the

commonalty was called to share in the work of government[719]—happier

and stronger than Lynn in having secured the union of its people into

one undivided community for civil purposes. It is not impossible indeed

that it stands in the forefront of all the English boroughs for the

quality and value of its political experiments, and the elaborate

finish of its constitution.

Originally, as we have seen, four bailiffs ruled the four great leets

of the city, from 1223 to 1403. Their mode of administration has been

very minutely described.[720] Each leet was for convenience’ sake

divided into sub-leets, the lesser divisions being at first probably

twelve in number and afterwards ten. The sub-leet was itself composed

of as many parishes as grouped together would contain at least twelve

tithings, and could therefore produce sufficient capital pledges to

hold a leet court. For all purposes of business every tithing was

supposed to be represented by its own capital pledge, who was probably

chosen by the tithing men, but who, once elected, seems to have

held his post for years, perhaps for life. He lived in the parish,

perhaps in the very street of his tithing, and was generally a man

of substance, one of the respectable middle class of the city, and

occasionally might even aspire to enter the official body. In the

whole city the number of capital pledges was probably a hundred and

sixty.[721]

The business of each sub-leet was taken in its turn before the four

bailiffs all sitting together in the little thatched tolbooth that

stood in the central market place. There the capital pledges appeared

to answer for their tithings at the view of frankpledge; and when this

business was over they served as a jury for “presenting” offences at

the leet court.[722] Year after year there came up the same body of

comfortable well-to-do burghers, who did their business quietly,

without thought of entering into any controversy with the government,

like the juries of Nottingham and Southampton.[723] Whether this was

the result of summoning the pledges in small groups from one sub-leet

at a time, or due to the fact that in Norwich the people already

possessed other means of expression, there is not as yet enough

evidence from other towns to show, but the fact is important.

In later records we learn what was doubtless true in 1223 as well as

in 1365, that one of the bailiffs was chosen for each great leet;

and we also have the first account of the manner of their choosing.

A body of twenty-four men, six from each leet, was elected by the

whole community, and the twenty-four then chose the bailiffs.[724] The

first mention of a custom in fragmentary records by no means implies

its first institution, and this mode of election may have dated from

the earliest times. It also appears that before the close of the

thirteenth century the bailiffs were assisted in judicial business

by a select body of citizens, whose share in considering the case

of offenders seems to show that they were “present in the court as

informal assessors to the bailiffs, or, in other words, forming the

court of which the bailiffs were the sole executive;”[725] and it is

possible that for other business also some of the leading citizens were

summoned to attend at assemblies, and their name affixed to deeds,

separately or collectively.[726] A complaint of “the mean people of the

commonalty”[727] shows that administration and taxation had even at

that early time fallen into the hands of a small body—the bailiffs and

“the rich”; and the “customs” of the city (which were perhaps drawn up

about 1340, but which must in many respects contain traditional usages

of an earlier date) give us some idea who were “the rich” here spoken

of. A body of twenty-four men elected by the community, six from each

of the four great leets, is there described as forming a court for the

control of the whole trade of the city. It appointed supervisors over

the various crafts, and received reports of fraud in trade—charges

which, if it had not been for the intervention of the twenty-four,

would have gone to the leet juries. And the same body of twenty-four

had official supervision of the city finances and received all accounts

of the treasurers and collectors of taxes or town money.[728] Once

more, in 1344, we find them exercising yet another function—“the

twenty-four in the same year elected and ordained by the whole

communitas, in the presence of whom, or of the greater part of them, if

all cannot be present, the business of the city touching the communitas

might be enrolled.”

Lastly it appears that the twenty-four gradually assumed the power of

making laws for the community, and “used this custom that they might

remedy new defaults and mischiefs arising by making new ordinances for

the common profit of the town and the citizens and of others coming

or conversant there.”[729] Apparently the assembly itself was almost

superseded, for on the plea that when assemblies were summoned for the

common good of the city and the country, the citizens did not take the

trouble to come, to the great hindrance of public business, it had been

ordained some time before 1340 that for the calling together of the

commonalty the bailiff’s serjeant should summon certain of the most

worthy and discreet men of each leet who were to be fined two shillings

if they failed to obey the summons.[730]

A council of leading citizens, though it was already organized in

this elaborate way early in the fourteenth century, scarcely appears

in records of the later thirteenth century, and even then dimly in a

vague inchoate form. It is, however, important to notice that from the

very beginning two official styles were in use in the city documents,

which seem at no time to have been interchangeable one with another.

In the Pipe Roll of 1255 there seems to be a distinction between “the

citizens” and “the men of Norwich”;[731] and both in this year and

later, whenever the borough has any dealings with Westminster it is

“the citizens” who ask for favours, and it is to “our beloved citizens,

they and their heirs,” or to “the bailiffs and citizens their heirs

and successors” that grants are made throughout the thirteenth and

fourteenth centuries.[732] Exceptions to this form are rare. In 1347

when Edward the Third asked for soldiers to be furnished for the

French war he addressed himself to “the mayor, bailiffs, and the whole

community”;[733] but as there was at that time no mayor in Norwich, the

phrase was possibly that of a new clerk brought into the War Office

in a hurried rush of business. In 1355 he sent a close letter to the

“bailiffs and commonalty” of Norwich to provide him with a hundred and

twenty armed men; and in 1371 a letter to the “bailiffs, good people,

or commons” of Norwich to fit him out a ship. In all these cases it is

obvious that the king’s claim on the people was altogether independent

of any obligations resting on them as citizens of a chartered borough.

Very rarely did the community address the king. In 1304 and 1307[734]

the “mean people of the commonalty of the city” asked his aid; and

once “the commune of the town of Norwich” sent a special petition

to Parliament. The city liberties had been forfeited into the King’s

hands in 1285, and the royal officer set over it had wrongfully

distrained the people’s goods to the value of £300;[735] but since

“the citizens” in the technical sense of a corporate body possessing

certain rights ceased to exist when the city lost its franchise, the

Norwich people had to fall back on that which lay behind all chartered

corporations—on that out of which all other rights had sprung; it

was to “the commune of the town” that wrong had been done, and “the

commune” appealed against it. On the other hand, whenever a question

arose as to common lands or common property the business was always

done in the name of “the commonalty” or “the bailiffs and commonalty,”

and in such cases the style of “the citizens” was never used.[736]

There seems, therefore, ground for thinking that from first to last

the Norwich burghers officially described themselves by two distinct

styles, which to the common understanding had different meanings, and

were not used at hazard. I venture to suggest that here and elsewhere

“cives” was the term used for the corporate body of citizens possessing

chartered rights; while “communitas” stood for the citizens in another

aspect, as the community which held property and enjoyed privileges

by immemorial custom, before the charter of a free borough had been

obtained. The holding of common property was probably the signal

survival of customary rights, the others being gradually merged in the

privileges enjoyed by charter; and hence it was in deeds relating to

land that the traditional form of “cives et communitas” was chiefly

preserved. In every town in England, however, whatever might be its

special constitution, we find other rights universally claimed by the

commons, which carried an authority that their opponents never dared

in any single instance to gainsay, even when they sought to evade

it. We may, perhaps, date back to a distant past the claim of the

whole community to have all laws ratified by their “entire assent

and consent,” to be made privy and consenting to all elections, to

know verily how the town moneys were raised and spent, to admit new

burgesses by the common vote of the people. These were rights which the

oligarchies constantly endeavoured to make void from the time of Henry

the Third to the time of Henry the Eighth; yet no attempt was ever made

to deny or to revoke them. It may be that their authentic force was

derived from that obscure time of which no memory is, when the ancient

“communitas” slowly built up the great tradition of its customary

rights; and that when the remembrance of the primitive community had by

lapse of time fallen into the background its power was still present,

and to the last the name was one of dignity and carried with it a

mandate from an older world. No doubt, however, in the vulgar tongue

“commonalty” came to be used in a popular sense, and sometimes with an

air of obloquy or contempt, to describe the general mass of citizens

who had the right of meeting in common assembly, as distinguished from

the official class. For by degrees old lines of division between the

ruling and the subject classes were drawn sharper and deeper—when

government by the select few took legal form; when a council of

twenty-four sat as assessors in the courts, audited the town accounts,

controlled its trade, and claimed to make its laws; when the assembly

was reduced to a gathering of special men called by the bailiff’s

serjeant; and when even the attendance at the leet began to fall off as

at the end of the fourteenth century[737] its business passed more and

more into the hands of the twenty-four. Then the word “communitas” took

a new shade of meaning. Before 1378 “the citizens” had come to mean in

common talk the governing council, as opposed to the “commonalty” who

were left outside.

It is true that the legal privileges of the community still remained.

They had a claim on part at least of the public property. No new

burgher could be admitted save by the act of the whole commonalty, or

of twelve of them who might be taken to represent the entire body.[738]

Taxes might only be assessed by will of the whole commonalty[739] or

of the greater part of the same. Whatever might be the prevailing

habit, the twenty-four had no legal right to act in the name of the

whole people, and if the commons refused to obey their ordinances they

could not appeal to any court of law to enforce their submission.

In the Assembly Rolls the burghers are mentioned as sharing in the

business of elections, grants of money, and taxation.[740] That they

asserted their rights in a way which seemed to the governing class

“contrarious” we gather from the fact that in 1378 “the citizens” (who

in this case must certainly have meant a very limited body) presented

a petition to Richard the Second in which they declared that of late

“many of the commonalty of the said town have been very contrarious,

and will be so still unless better remedies and ordinances be made

for good government”; and they pray that the bailiffs and twenty-four

citizens to be elected yearly by the commonalty may have power to make

ordinances and to amend them from time to time when necessary.[741] A

ship which they had just built at the king’s orders possibly commended

their request to his judgment, and the grant of the desired charter

placed the council in a position of absolute authority, having power to

issue ordinances without the consent of the people, and to enforce them

by appeal to the royal courts.

What controversies and threats of revolution agitated the men of

Norwich for the twenty-five years that followed this great change

we do not know. The exact position of the twenty-four in the

municipal assembly is not easy to trace from the paucity of existing

documents.[742] The rolls which survive might be expected to shew

some sign of the effect of the charter of 1378 by which the official

authority of the twenty-four was established. Yet such is not the

case. The description of the Assembly both before and after remains

exactly the same. A select group of citizens attends at every

meeting, and takes the whole charge of administration. Yet it is

worthy of notice that neither before nor after 1378 is any order or

resolution ever attributed to the twenty-four, though such orders are

constantly referred to the action of the “tota communitas.” Throughout

these rolls the only authorities mentioned are the bailiffs and the

commonalty.[743] If it is possible to believe, as I have suggested,

that the right of the community to give or withhold consent in

legislation was an immemorial custom which could not be abrogated

by charter, the failure of the twenty-four to carry their point can

be understood. No doubt party feeling on both sides ran high. It

became necessary for a settlement to have a new charter; and in 1403,

probably, at the instance of the ruling class, the city bought a fresh

constitution at the heavy price of £1,000.[744] By this charter Norwich

was made into a county; the four bailiffs were replaced by a mayor and

two sheriffs, to be elected by the citizens and commonalty; and, in

confirming previous grants, the customary phraze used in the charters

of earlier centuries, “the citizens” was replaced by “the citizens and

commonalty”—a term which is recognized in the charter as being already

in use,[745] but which had not until now been invariably employed as

the official style.

The charter of Henry the Fourth seems to have been in effect a

confirmation of the charter given by Richard the Second, and to have

set the victorious conclusion to the whole system of oligarchical

government expressed by the council of twenty-four. The people were

quick to appreciate the difficulty of making use of the powers which

had been attributed to them and to perceive the tendency of the

charter. A crisis was brought about by the very first elections held

under the new constitution. The charter ordered that the sheriffs

were to be elected, not as the old bailiffs had been by the electors

of the four Leets, but by “the citizens and commonalty.” In the

ordinary assemblies, however, made up of the twenty-four and “others

of the community,” at which Parliament men, city treasurers, and

officials, had been chosen, the twenty-four were practically supreme,

and elections carried out in these gatherings were, as a matter of

fact, in their hands. On March 1st, 1404, a mayor was chosen, and

twelve days later two of the bailiffs were made sheriffs (the mayor’s

book says by the “cives”).[746] The altered mode of appointing the

sheriffs, as compared with the more popular custom of electing the old

bailiffs, immediately roused the commons. An assembly was called to

frame ordinances for the new state of things, and the people determined

by their own authority to create a representative council of the

burghers at large. It was ordered that eighty persons should be elected

to attend all assemblies and act in the name of the people. To this

council was given the right of nominating the sheriffs; the eighty were

to go apart by themselves and name three persons, but if the commons

did not approve of their choice they had again to retire and choose

other names until their masters were content. Then the town clerk

and some of the eighty carried the three names to the mayor and the

twenty-four “probi homines”; the mayor chose one and the twenty-four

the other.[747] The new council took part in the Michaelmas elections

of that same year 1404, when the mayor was reappointed, and two new

sheriffs were chosen.

This settlement evidently excited violent hostility, and in 1415 a

Composition was framed to put an end to the discords by which the city

was “divided and dissolved and in point to have been destroyed.”[748]

This document did not err on the side of any lax notions as to the

seriousness of a written constitution. With pedantic nicety it touched

almost lovingly on the minutest details of ceremony and dress, as well

as on the greater problems that vexed the state—the position of the

twenty-four; the rights of the commons; and the share which the two

parties were to have in appointing the officers of the city.

The effect of this Composition of 1415 was to create a miniature

copy of the English kingdom, a little community governed by its

three estates, the mayor, the co-citizens of the mayor’s council,

and the commons. The twenty-four “probi homines” now became “the

twenty-four co-citizens of the mayor’s council,” the mayor having the

same authority over them “as the mayor of London hath,”[749] and the

dignity of the municipal House of Lords was fitly marked by their

dress, a livery “furred and lined as the estate and season of the year

asketh.”[750] Above all it was decreed that they should no longer be

a body elected yearly but should “stand corporate perpetually,” and

even if this should accidentally not be embodied in the charter to be

asked for later, “the citizens” declared that they could establish that

law for themselves and not by point of charter, in virtue of the right

given them in 1378, to make such ordinances as they chose in difficult

or defective cases for which no remedy clearly existed in the city

constitution.[751]

On the other hand the organization of the lower chamber was made more

complete, and the relative position and authority of the two houses

of the mimic parliament were defined with punctilious exactness. The

common council was reduced from eighty to sixty members,[752] to be

elected from the four wards by all citizens “inhabiting and having

houses on their own account.” It had its Speaker,[753] its own mode

of procedure, its system of elaborate etiquette in all dealings with

the upper house. Henceforth it was to take a part in legislation

which entirely annulled any claim “the citizens” might have put

forward by virtue of their charter of 1378; for though the mayor and

the twenty-four preserved the right of proposing all new laws, “they

shall nothing do nor make that may bind or charge the city without the

assent of the commonalty.” All ordinances made by the upper body must

therefore be formally laid before the common council, and if it seemed

to them that the matter “needeth longer advice and deliberation of

answer, they shall ask it and all that seemeth expedient for the city

by the common speaker of the mayor and of his council.” If needful they

could ask for “a bill of the same matters to be delivered to them,”

that they might give their answer in the next assembly; and “the mayor

shall be beholden as ofttimes as they ask it to grant them for to go

together in an house by themselves without any denying, and none other

with them but the common speaker, and if they will have more to them as

oft as they ask, the mayor shall be beholden to send for them without

any withsaying. And in matters that seem to the aforesaid sixty persons

for the common council that needeth not great nor long advice, be it

lawful if they will, to go apart by themselves or in to the floor with

their common speaker, and goodly and speedily, without great delay to

come in with their answer as them seemeth speedful and needful to the

purpose.” Finally, in “all other points that be necessary to be had for

the welfare of the city that come not now to mind, it is committed to

the whole assembly thereupon to ordain and make remedy by ordinance and

assent of the whole commonalty for profit of all the city.”[754]

In the matter of elections, however, the general assembly reappeared

in full force. When a new mayor was to be chosen the two councils

were summoned to the hall; “and also all the citizens dwellers

within the same city unto the aforesaid election shall freely come as

they are beholden, and the doors of the hall to all citizens there

willing to enter and come in shall be open and not kept, nor none from

thence forbarred nor avoided but foreigners.” After the mayor and the

twenty-four had proclaimed the election from the bench they withdrew

to the chamber, and the whole people in the hall then chose from among

those who had already been mayors or sheriffs two names of “sufficient”

persons, “and if that any variance happen among the commons in the hall

that it may not clearly be known to the common speaker by no manner of

form by him unto them, for to be put or showed, which two hath the most

voices, then the common speaker and the common clerk shall go up to the

mayor and to him shall declare the variance of the people in the hall.

And then the mayor shall give to the common speaker in commandment

for to call together the sixty persons for the common council of the

city, or as many as there be there into an house by themselves. Which

there shall try the aforesaid variance in the same form as it hath

been and yet is used in the city of London.” The names were carried to

the chamber by the common clerk, the common speaker, and the recorder,

with six of the common council; the six commons returned to the hall,

leaving the three officers to take the votes of the mayor and council,

and bring back to the commonalty the name of the elected mayor.

The election of all other municipal officers was carefully divided

between the two parties in the state. The mayor and the twenty-four

elected the common clerk, one sheriff, one chamberlain, one treasurer,

one coroner, two keepers of the keys, two auditors, and eight

constables. The common council chose the common speaker, a second

sheriff, chamberlain, treasurer, and coroner, two keepers of the keys,

two auditors, and eight constables. The whole assembly appointed the

common serjeant, the recorder, the bell-man, and the ditch-keeper; they

also chose the men who were to gather in the king’s taxes, appointing

four men in each ward to assess the tax and two to collect it. The

new mayor named two sword-bearers, of whom the assembly chose one; in

the same way the mayor nominated four persons for serjeants, and the

assembly chose two of them.[755] Members of Parliament were chosen by

the common assembly.

Thus the commons of Norwich made their decorous entry on the official

stage, with a punctilious care to secure their dignity and make fast

their liberties by countless ceremonial ligatures. The Composition

which vindicated their right against the oligarchy proved, however,

like the Ordinances of 1404, a hard saying to many; and disputes

between the mayor’s council and the commonalty were so violent[756]

that the citizens appealed to Henry the Fifth in 1417 for a charter

which should make the late agreement legally binding. The mayor’s

council no doubt brought influence to bear in high places, for their

position was now somewhat bettered. By the charter, for which the

city had to pay over £100,[757] the twenty-four, now first called

aldermen, got rid of one serious difficulty in their way by securing

the clause that they “shall stand perpetually as they do in London,”

and henceforth the old ceremony of annual election was simply recalled

by the custom of reading out the names every year before the wards.

In the composition it had been settled that in making “new ordinances

for the welfare of the city that come not now to mind it is committed

to the whole assembly thereon to ordain by ordinance and assent of the

whole commonalty,”[758] but the new charter decreed that the mayor and

aldermen should have full power to amend the laws and constitution with

assent of the sixty of the common council.[759]

For the rest of the century the government of the city[760] remained

of this pattern. The four great leets which had once elected the

bailiffs now became the four wards, and were ultimately divided into

twelve small wards. Each of these was represented in the upper council

by two aldermen chosen for it by the electors of its own great ward.

Each great ward also elected a fixed proportion of the members of

the common council. The sheriffs held their “tourns” for the four

wards, and appointed for each ward a jury drawn from the “men of good

name and fame.” Meanwhile the leet courts of the sub-divisions over

which the bailiffs used to preside carried on an obscure and feeble

existence, and the capital pledges which formed the leet juries sank

into insignificance[761] under the combined usurpations of the sheriffs

and the two councils. Once when the capital pledges attempted to

secure to the small trader some advantage in landing their goods at a

staith where apparently they escaped some city tolls, the governing

body promptly repressed their insubordination.[762] Evidently the

administration of the city was neither more lax nor more popular

because its governing body was enlarged.

In the obscure years of conflict between 1378 and 1415 we are told

nothing about the men or the organizations of men that made the

revolution. But we know that a very important movement was going on

in Norwich itself in the growth of the craft guilds. Long forbidden

by the civic government because of the loss to the city chest when

the craftsmen were withdrawn from the common courts, they apparently

made matters easy for themselves by regular payment of fines, and

continued to flourish.[763] Between 1350 and 1385[764] a number of

guilds were either founded or reconstituted so as to obtain public

recognition in the city,[765] and the one fact that we catch sight of

in their ordinances amid the absolutely monotonous and formal recital

of religious duties, is that they were in some cases allowed to choose

their own aldermen and council, instead of being subjected as before

to the twenty-four. The importance of this is at once evident in the

ordinances of 1404, where the guilds take a very prominent place; and

in the composition of 1415, when they were finally sanctioned and given

a completed form.[766] Not only was the power of choosing their own

officers granted to every trade, but it was decreed that “citizens

of the city shall be enrolled of what craft he be of” on pain of

forfeiture of his franchise; and that all “that shall be enfranchised

from this time forth shall be enrolled under a craft and by assent of

a craft.” Such a rule practically made the craft-masters the judges of

a new candidate for the city privileges, for if they refused to admit

him to the guild he could never become a burgess.[767] On the other

hand it was commanded that all the members of a craft must become

freemen; foreigners were to hold shops under tribute and fine for two

years and a day, and were then forced to buy the franchise of the

city. “The master of the craft shall come honestly to him and give him

warning to be a freeman or else spear in his shop-window.” If he did

not obey within fourteen days the master with an officer of the mayor

again visited him with his spear, “and he so speared in, nor no other,

shall not hold his craft within house nor without.” Thus no trader or

shopkeeper could remain exempt from the dues and charges of the city,

and the whole commonalty was placed under the police supervision of the

craft masters. The very dress of the crafts was made a matter of strict

definition; all liveries and hoods of former days were to be given up,

and the crafts were to wear liveries the same as those of London.[768]

If, however, during the years of conflict the craft associations may

have done good service to the commonalty, they were met by a counter

organization of the merchants and upper class. It seems to have become

common after the Peasant revolt, when a new terror was stirred as to

what the poor commons might do if left to follow their own will and

appetite, for the richer sort to unite for self-protection and the

preservation of their authority. In Norwich a Guild of S. George was

founded in 1385 as a fraternity with the usual religious colour, and

a - “going each Monday about in the city remembering and praying for

the souls of the brethren and sisters of the said guild that be passed

to God’s mercy.”[769] At first an informal body, consisting apparently

of the wealthier and more powerful people, both lay and ecclesiastic,

of Norwich and the surrounding country, its weakness lay in the fact

that it was “desevered by constitutions and ordinances made within the

city,” and according to the old rule by which the formation of any

guild was forbidden, it was, in fact, an illegal body. The governing

class, however, probably enlisted considerable sympathy at court in

the negociations for the charter of 1417; and the associates of S.

George won from Henry the Fifth in 1418 permission to constitute

themselves into a permanent society, and received a sword of wood

with a carved dragon’s head to be carried before their alderman on S.

George’s day.[770] The great people of the county and their wives

entered the order, bishops, monks and rectors, counts, knights, and

merchants—something like four hundred of them—all men of substance

who rode on horseback to the guild assembly, where the uniform of

S. George was varied by the mayors, sheriffs, aldermen, or masters

of crafts, riding in the garments of their order. The government of

the society was put in the hands of a very close corporation, and

the alliance between Church and State in the guild is manifested by

the association of the prior, mayor, and sheriffs of the city in its

government.[771]

The real danger of such a fraternity lay in the peculiar position

of Norwich, and the impossible task of local government which had

been thrown on its burghers. Beyond the city territory lay a great

manufacturing district—a whole county studded with villages where

weaving and worsted making were carried on in every house—and over all

this district Norwich had the supervision of the woollen trade. The

difficulties of the arrangement by which, in 1409, at the request of

the commons, the mayor, sheriffs, and commonalty were granted the right

of measuring and sealing all worsteds made in Norwich or Norfolk,[772]

must have been extreme. The great employers settled in the city who

organized the country labour and supplied cloth for the export trade

were thus given a certain judicial authority in the county; while

the great wool sellers—land-owners whose vast flocks of sheep[773]

pastured on the broad downs of undulating chalk, and who were turning

into traders on their own account—were forced in their own interest to

meddle with Norwich politics. Besides the general commercial questions

which affected both city and county, there must have been many a vexed

question as to the tenants who owed suit and service to the courts of

their lords, but who as artizans were subject to Norwich rule and whose

fines were swept into the Norwich treasury. On every hand the door was

thrown open to trouble. If the Norwich corporation was to busy itself

in county affairs, the county was bound to exert some control over

the Norwich corporation, whether by guilds of St. George, by securing

office in Norwich for sympathetic mayors, recorders, or sheriffs, by

winning the help of the Earl of Suffolk or of bishop or prior, by

choosing the Norwich members for Parliament, or if all other means

failed, by bribery and violence and the stirring up of street factions.

From one point of view, therefore, the story of the long years of

strife and calamity which followed the reformation of the Norwich

constitution in 1415 is singularly interesting. In presence of a

foreign foe internal dissension is suppressed, and the main story is

no longer, as in Nottingham, that of a struggle between the two classes

of the community itself. When a mayor of alien interests is imposed on

Norwich by a foreign faction he stands alone, and aldermen and commons

hold apart from him as betrayer of the common interests. The enemies

whom Norwich had to fear came from without the community itself, and if

the story of the city remained a singularly troubled one, the troublers

of its peace were not those of its own household. Factions of the State

and factions of the shire flung confusion into the city politics, and

the old burning question of ecclesiastical rights embittered every

local dispute.[774] Norwich was befriended by the Duke of Gloucester

and had a persistent enemy in the Earl of Suffolk, and its fortunes

swung backwards and forwards with the rise and fall of court parties.

From the day when the recorder, John Heydon, betrayed the city into

their hands, the county despots whom we know so well in the Paston

Letters, meet us in its streets and assembly hall, ever followed by

the curses of the people. Heydon of Baconsthorpe, Esq., sheriff in

Norwich in 1431, and recorder from 1441-3,—the man whose putting away

of his wife had created such a scandal that the very mention of it made

him turn pale, the land-jobber, the smuggler of wool, the exactor of

bribes, the parasite of the great lords whose support he could buy, the

organizer of outrages and murder, the audacious schemer willing to

spend two thousand pounds rather than lose the control of the Norwich

sheriff, the patron of liveried followers, the “maintainer” in the

courts of men who defied the law, the overbearing bully whose very

presence was enough to cow the commons into refusing to present their

complaints to the king’s judges,[775]—can be pictured by every one

who tracks his tortuous ways through the letters of the Pastons. In

conjunction with Sir Thomas Tuddenham and others he overwhelmed the

city with extortions, oppressions, and wrongs. These men “through their

great covetousness and false might oppressed all such citizens as would

not consent to make such mayors and sheriffs as they liked,” “purposing

for great lucre to have as well the rule of the city of Norwich as they

had of the shire of Norfolk,”[776] and “trusting in their great might

and power which they had and have in the country by the means of the

stewardship of Lancaster and other great offices and for divers other

causes that no man at that time durst make resistance against them,

knowing their great malice and vengeance without dread of God or shame

of the world.” Even when the people sought to buy the favour of Sir

Thomas, he took their money “by briberous extortion against all faith

and conscience,” and yet showed them no mercy.[777]

It is just possible that the danger to the city called into being a

fraternity to confront the society of S. George, and that the burghers

in their turn seized on the machinery of the religious guild. We catch

one passing glimpse of a curious association known as “Le Bachery”;

which was declared by the mayor and commons to be merely a company of

citizens who out of pure devotion kept up a light in the chapel of the

Blessed Virgin in the Fields (the ancient place for the assembly of the

people) and from mere motives of decency had chosen a livery; but in

whose pious and decent union the hostile fraternity saw an association

fashioned to break the power of S. George, and made haste to use

against it the old argument applied to its own youth—the charge of

being an “illegal guild.”[778]

The association was founded in stormy days. After Heydon was turned

out of office by the people for betraying their interests to the

prior,[779] his friend of S. George’s guild, the mayor Wetherby, an

ally of Tuddenham and a “hater of the commons,” led the party of the

county and the priory, and till his death fourteen years later the city

knew no peace. Four times between 1433 and 1444 its franchises were

forfeited for riot or stormy elections; twice the common seal was

violently taken out of the treasury by aldermen and commons to prevent

the sealing of proposals rejected of the people. Wetherby forced on the

election, as his successor, of a mayor refused by aldermen and commons.

John Qwerdling, falsely pretending to be common speaker, had carried

to the chamber a name not set down by the commons for election; Hawk

the town clerk had written down a wrong return; Nicholas Waleys had

taken bribes enough to win him the name of “ambidexter”; the two city

serjeants had packed juries, and the gaoler had threatened and struck

the resisting commons on the head with his mace. The mayor’s faction

held the guild hall, while the aldermen’s party retired to a private

house, and having elected another candidate, put the offending officers

out of their places, took the common seal out of the guild hall into

their own keeping, and lest by any chance their election should be

held invalid, refused to disperse till the mayor came down to confirm

it, and called the bishop to join them in opposition to the prior. For

the moment Wetherby yielded, but revenged himself by applying for a

commission from the king to examine into the state of the city.[780]

The enraged citizens kept up the broil till 1436, when another

commission was appointed which forced the commons to submit, to restore

the seal to its accustomed place in the treasury, and to put back the

officers they had displaced in 1433.[781]

At the next election, in 1437, commissioners were sent by the privy

council to see that all was done in order according to the charter, and

in case of riot to seize the franchises of the city into the king’s

hand;[782] and thus quiet was secured. But Norwich was not to keep its

restored franchise long. Riots and daily disturbances “concerning their

liberties” broke out between the city and the prior;[783] in June the

inhabitants of Norwich had to appear before the Privy Council, and in

July the franchises of the city were seized and the place committed

to the custody of John Welles, a London alderman who was made citizen

and alderman of Norwich.[784] At the prayer of the bishops of Norwich

and Lincoln the liberties were once more restored in 1439, to be as

quickly lost again.[785] For Thomas Wetherby “who bare a great hatred

to the commons” watched for an opportunity of making fresh trouble.

By his counsel the abbot of S. Bennet’s at Holm prosecuted the city

in 1441 for certain mills it had built on the Wensum; and Thomas

Tuddenham, John Fray, and William Paston (a friend of the abbot’s),

judged the case at Thetford and gave it against the the city, ordering

the commons to pay £100 damages to the abbot and £50 to the prior. At

this the assembly gathered in great numbers, crowded to the hall, in

January, 1442, and took away the common seal that the award might not

be sealed. By the influence of the Earl of Suffolk, the abbot, and

Wetherby, the city was prosecuted for rebellion, and in spite of the

protection of the Duke of Gloucester the mayor was ordered to appear

in London, where he was fined £50 and imprisoned in the Fleet, and the

liberties of the city were again seized into the king’s hands. The

mayor being thus fast in the Fleet, Wetherby got the common seal out of

the chest, sealed the bond of £100 to the abbot of S. Bennet’s at Holm,

£50 to the bishop, and £50 to the prior, without the knowledge of the

mayor, sheriffs, or commons; and then destroyed the new mills.[786]

This led to fresh troubles. On the Shrove Tuesday of 1443 the mayor

and commonalty, at this time united in the mysterious guild of “Le

Bachery,” raised an insurrection, declaring they had power enough in

the city and adjacent country to slay Thomas Brown the bishop,[787]

the abbot of Holm, and the prior of Norwich. John Gladman, a merchant,

rode with a paper crown as king at the head of a hundred and thirty

people on horseback and on foot. At the ringing of the city bells

three thousand citizens assembled, armed with swords, bows, arrows,

and helmets, surrounded the priory, laid guns against it, and at last

won a glorious victory, and forced the monks to deliver up the hateful

deed falsely sealed with the common seal which bound the people to pay

4_s._ a year to the prior and to abandon claims to jurisdiction over

certain priory lands.

Such a triumph was naturally followed by a fresh visit of royal

commissioners in 1444.[788] Wetherby and the prior brought a long

list of charges against the mayor;[789] while the city protested that

Tuddenham and Heydon alone had made mischief out of their peaceful

show; and that Gladman had only “made a disport with his neighbours,

having his horse trapped with tynnsoyle and other nice disguisy things,

crowned as king of Christmas,” while “before him went each month

disguised after the season required, and Lent clad in white and red

herring skins and his horse trapped with oyster shells after him.”[790]

Meanwhile the king had his own grievance against Norwich, for the city

had unluckily brought a suit for £100 which it had formerly lent him,

and now refused to advance any more money when he sent to solicit

it.[791] Once more, therefore, in 1444, its liberties and franchises

were confiscated. But now at last troubles began to lighten. Thomas

Wetherby died, as well as the bishop who had supported him,[792] and

the new bishop, of an old Norwich family, was for peace. In 1447 the

liberties were restored, and in 1448 the king visited the city.[793]

Two years later however, Heydon was again to the front, ready with

Tuddenham to spend £2,000 in buying favour in high quarters in

London, and £1,000 to secure a sheriff in Norwich committed to his

interest.[794] It was suggested that the Norwich folk, the mayor with

the aldermen and all the commons, should ride to meet the Duke of York

when he visited the city, “and all the women of the same town be there

also, and cry out on them also, and call them extortioners, and pray

my Lord that he will do sharp executions upon them ... and let that be

done in the most lamentable wise, for Sir, but if my Lord hear some

foul tales of them, and some hideous noise and cry, by my faith they

are else like to come to grace.”[795] The commission of judges[796]

finally sent to try Heydon for felony, his defiant ride through the

town into the abbey, the rumours that he was to bear rule once more,

his mode of meeting and outwitting or terrorising the commissioners

by turns, all these are told from day to day almost in the Paston

Letters. Finally, in 1452, Judge Yelverton arranged some kind of peace

in Norwich,[797] helped possibly by the poverty and exhaustion of the

city.[798] By giving a loan to the king and a present to the queen with

a promise to befriend her in her anxieties, Norwich got a new charter

in 1452.[799] In this the guild of S. George, which seems to have been

united to the corporation about 1450, was apparently victorious.[800]

It was agreed that the day after the mayor left office he should be

chosen alderman of the guild, and the common council was taken into the

council of the guild.

For the next seventy years the citizens were occupied by strife with

the prior, which dated back to the day when the Norwich burghers were

given the city into their hands.[801] The bickerings of three centuries

ended in a compact drawn up in 1524, when questions of jurisdiction,

tolls, pasturage, water, and rights of way were settled; and it was

admitted that the mayor, sheriffs, citizens, and commonalty might

go to the cathedral church on feast days and occasions of solemn

processions, the mayor with sword and maces borne before him, on

condition that he claimed no jurisdiction, while the prior and monks

“of their amiable favour shall forbear as far as they lawfully can or

may” to arrest any of the corporation or the citizens during these

great processions.[802]

Such stories of local wranglings might well be left forgotten and

obscure if there lay in them nothing more than vulgar quarrels. But the

political experiment of Norwich was one of such serious purpose and

such singular quality, that even in its failure it kindles our sympathy

with men who for two hundred and fifty years had been laboriously

working out the problem of administration. With an admirable political

sagacity they had used in turn every form of local organization to

perfect their experiment in self-government. They had taken the

principle of an elected jury and adapted it for use in their courts,

their council chamber, and their legislative assembly. They had

turned to the problem of the general assembly, altogether useless in

its primitive and unwieldy form, and developed out of it (taking a

pattern from London) a representative council which should guide its

deliberations and express its will. The craft-guilds were organized,

and it is possible that in the struggle their discipline gave order

and strength to the commonalty. When the battle grew hot the machinery

of the religious guild was brought into play on either side, and S.

George measured his force with the Virgin of the Fields. No doubt these

various methods have no claim to originality, being frankly copied

from customs known elsewhere; nor is it in the discovery of a new path

that the merit of the Norwich burghers lies, but in the sound political

instinct by which they steadily directed their way into the broad track

whose ultimate goal is civil freedom, rather than the narrow road of

privilege. As we watch the growth of the house of representatives

which was established among them, an independent deliberative assembly

elected by the commons; and compare it with the chamber of magnates at

Nottingham that by a fine mockery was supposed to typify a gathering

of the whole community; we have a just measure given us of the value

of this more liberal experiment in municipal politics—an experiment

so early in time, so serious in conception, so strong and orderly in

execution, that it might have justified an enduring success.

But in spite of all the ingenuity and sagacity and resolution which

the men of Norwich brought to their fine attempt at ordering public

life, misfortune still waited on their steps, and from the outset the

disaster of the fifteenth century darkens and throws long shadows.

For Norwich was fighting with its doom already proclaimed—harassed

by the harsh dry climate in which fine cloth needed for the foreign

market could not be woven; by the hurry of the new export trade which

drove masters to set up their mills by the streams of Yorkshire and

Gloucestershire, where labour was free and cheap; by changes in

methods of making worsted which shifted the manufacture over to the

Netherlands; and by the false economy which to help a failing trade,

made English weavers refuse Norfolk yarn to foreign buyers—the Norwich

burghers had still to endure the last calamity of pestilence, and

the sweating sickness, which first burst on them in 1485, filled up

the tale of disaster. Industrial difficulties alone might have been

conquered. But a more insidious danger threatened all their liberties.

By a fatal accident of position and circumstances the city, as we have

seen, had been invaded and conquered by the county—by a society wholly

separate from it in political developement. It had bitterly proved

the truth of the extreme apprehension with which men of the towns at

that time looked on the intrusion among them of “foreigners,” bringing

into their newly ordered civic life the feudal traditions of the

county magnates, scattering liveries among their people, and pouring

into their law courts a commanding army of retainers—“because,” to

use their own words, “by such maintainers and protectors a common

contention might arise among us, and horrible manslaughter be committed

among us, and the loss of the liberty or freedom of the city, to

the disinheritance of us and of our children; which God forbid that

in our days by the defeat of us should happen or fall out in such a

manner.”[803] The story of Norwich shows that in a provincial town, as

in a greater state, a constitution framed for home uses and needs may

be shattered by the violence of foreign affairs over which it has no

power, against which it has no arms, and for the guidance of which it

has no instructions.

NOTE A.

Mr. Hudson believes that in Norwich the word “citizen” at first meant

merely an enfranchised equal, being frequently described as “par

civitatis,” and that from the thirteenth century onwards the most

prominent idea which it imported was that of a privileged trader,

in which sense it is used through the series of Leet Rolls. In one

class of documents, however, at the close of the thirteenth century,

he finds it apparently restricted to a limited body of substantial

burghers, into whose hands the management of the public business had

gradually passed. In enrolled deeds which have been examined for the

years 1285-1298 a great number of persons are described merely as

drapers, tanners, fishmongers and so on, while others are mentioned

as “merchant citizen of Norwich,” or “tanner, citizen of Norwich,”

and others again are put down simply as “citizen of Norwich.” Out of

the hundred and fifty persons to whom the words “citizen of Norwich”

are applied there are fifty who are apparently of no trade; and of

the remaining hundred, thirty-two are merchants, twenty-four drapers

and linendrapers, and the rest, about fifty, belong to a variety of

occupations, but generally to the skilled handicrafts. No smith is

mentioned as citizen, and very few among the butchers and bakers. From

these facts the general conclusion is drawn that the word “citizen”

was being gradually restricted by the most important burghers to

themselves, the lower classes of those who held the freedom of the

city being massed together as the “communitas.” (Arch. Journ. xlvi.

No. 184, 318-319.)

The argument, however, rests on entries made in the last years of the

thirteenth century, between 1285 and 1298, at a time when the state of

things in Norwich was exceptional. The city rule was that every man

who bought and sold in Norwich should have “made his ingress” into the

town and become of the “franchise” or “liberty.” How often the law

was evaded we see from the presentments of the leet courts. (For the

last ten years of the thirteenth century see Town Close Evidences,

12-15.) It would seem that as the prosperity of the city increased

new inhabitants had begun to flock to it who were far more concerned

in making their own bargains than in carrying out the laws and customs

of the borough; and who, especially the poorer sort engaged in humble

trades, were anxious to escape the payments and responsibilities

of citizenship. Blomefield (iii. 73) states that about 1306, owing

to difficulties in paying the ferm, it was ordered that every one

who had traded for a year and a day in the city must take up his

freedom, paying for it a fine of 40_s._ if he were not entitled to the

franchise by birth or service. Since every citizen was bound to have a

house, building went on fast, and can be measured by the increase of

rents from houses. For “in 1329 Simon de Berford the King’s escheator

on this side Trent gave the city much trouble concerning a number of

houses, shops and tenements lately erected by grant of the city on

the waste grounds of the said city, on pretence that all the waste

belonged to the King and not to the citizens, and that the rents of

all such buildings should belong to the Crown (Custom Book fo. 2) by

which means great part of the city rents, namely all the rents _de

novo incremento_ or new increased rents, would have been lost from the

city to the value of £9 11_s._ 8_d._ a year, by which we may calculate

the surprising increase of the inhabitants of this place from the

beginning of Edward II. to this time. The small rents or old rents of

houses erected upon the city waste from its original to Edward the

Second’s time amounted to but 9_s._ 2_d._, so that if we compare the

new increased rents with the old ones we shall find in about thirty

years’ time nineteen times as many houses erected upon the waste as

there were before, an argument sufficiently showing how populous it

grew by its flourishing trade, and indeed its increase continued as

surprisingly till that fatal pestilence in 1349.

“To remedy this imposition the citizens sent to Thomas Butt and John

Ymme, their burgesses in Parliament, then held at Winchester, to

complain of the usage to the King and Parliament; upon which the King

afterwards directed his writ to the said Simon, certifying him, that

by the grants of his progenitors, Kings of England, the citizens held

the city and all the waste ground by fee-farm, in inheritance, and

that therefore he had nothing to do to molest them in letting out such

void grounds to be built upon for their profit and advantage towards

paying their fee-farm. This writ bears date at Reading March 25, in

the 4th of his reign.” (Blomefield, iii. 80-1.)

These facts seem to indicate that citizenship was a less frequent

thing among the inhabitants of Norwich at the end of the thirteenth

century than in the first half of the fourteenth century—and was at

that time possibly confined in practice to those who gained it by

birth or service, and that purchase was rare.

For the very different law made by the Bishop of Norwich in 1307 for

Lynn see p. 408. He may have desired to secure for Lynn the small

traders who found themselves hard pressed by the Norwich decree of

1306.

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