[284] Some of those so-called religious, but really trading guilds,

have been identified. It is clear that the guild of S. Benedict at

Lincoln was a society of traders or merchants, who traded on loans from

the common fund, paying back half of the increase they made on it.

(English Guilds, 174.) Among other instances see the Guild of S. John

Baptist at Hull (Lambert’s Guild Life, 112, etc. 118, 232, 233); Corpus

Christi (ibid. 124); Holy Trinity (ibid. 126.) A very curious and

interesting account of the formal founding of the Pepperers’ Company as

the Fraternity of S. Anthony in the Monastery of Bury, 1345, is given

in Kingdon’s Grocers’ Company, i., xvii. Compare the records given on

8-15. It had become the Grocers’ Company by 1373. The Drapers’ Guild in

Shrewsbury was originally the Guild of the Trinity. (Hibbert’s Inf. and

Dev. of Eng. Guilds, 32.) For other instances see Chapter V. The custom

was so common in the fourteenth and fifteenth centuries that it is

highly probable that under any stress of difficulty it would have been

resorted to in earlier days. The artizans must have been fully aware

of the fact disclosed to us by the two forms of summonses for guild

returns issued in 1388, one for the religious and one for the trading

guilds—the fact that the two forms of association were regarded in a

different way by the government. Some guilds are avowedly of a double

character. (English Guilds, 126-128, 179-185.)

[285] See note A at end of chapter.

[286] Riley’s Mem. 627; see also 118, 120-1, 153-4.

[287] Riley’s Mem. 341.

[288] In the second half of the fourteenth century the London guild

ordinances are in the main simply rules against bad or deceitful wares.

See the chandlers, curriers and pelterers, cappers, potters, &c.

Riley’s Mem. 118, 358; Lib. Cus. 94, 101; goldsmiths, Schanz, i. 613-4.

[289] Mem. Lond. 293.

[290] Lib. Cus. 100.

[291] Mem. Lond. 280-2.

[292] Riley’s Liber Custumarum, 101. See the case of the weavers infra

p. 160, where the craft tried to shorten hours and the town forbade it.

[293] Ordinances of Pewterers. Riley’s Mem. 243. See also glovers and

hatters, &c., 239, 246.

[294] Ibid. 226.

[295] Riley’s Mem. 226-7.

[296] Ibid. 218.

[297] Annual congregations made by the masons were forbidden by statute

of Richard II., continued by later Kings (3 Henry VI., cap. i.). The

anxiety of the government was quickened by the number of tilers who

took part in the Peasants’ Revolt. (Stubbs, ii. 496.) Cf. The Common

Weal (ed. Miss Lamond), 88-9.

[298] Statutes of the Realm, 3 Edward IV. cap. 4; ibid. 4 Edward IV.

cap. 1. A law of 1410 withdrew from the worsted-weavers and merchants

of Norwich the supervision of the cloth trade that had been granted

to them in 1348 (Ashley, Woollen Industry, 54-5); and handed over to

the mayor, sheriffs, and commonalty of Norwich, the right of measuring

and sealing all worsteds made in Norwich or Norfolk. (Blomefield,

iii. 125.) A later law enacted that “the worsted shearers in Norwich

shall make no ordinance but such as the Mayor and Alderman shall think

necessary.” (Stat. 1494, cap. xi.) In the fifteenth century the Privy

Council took away from the Bakers’ and Tailors’ Crafts in London

the right of search in their trades which had been granted to their

Wardens, and restored it to the Mayor, and ordered the crafts to obey

the Mayor after the old usages, customs, and laws of London. 1442.

Proceedings Privy Council, v. 196; Seligman, Med. Guilds, 82; Schanz,

i. 617.

[299] The mayor and aldermen of London had full jurisdiction over

all the various trades quite early in the fourteenth century. Two

master-masons were reconciled before the mayor of London in 1298. (Mem.

Lond. 38.) For early part of the fourteenth century see ibid. 90, 118,

120, 153-4, 216, 156, 178, 245-6.

[300] In “the ordinances of the Hull Guilds from 1490 to 1723 there is

no authorization by any but the mayor of the town.” (Lambert’s Guild

Life, 188.) For municipal authority over the Shrewsbury Guilds see

Hibbert, 40, 85-6. For Norwich, Blomefield, iii. 130.

[301] A law of 1413 ordered the registration of charters and approval

of ordinances and bye-laws—a law which was repeated by the Statute

of Henry VI. to prevent the masters of guilds and fraternities making

ordinances to the damage of the King or the people, when it was again

decreed that all their rules should be certified and registered by

Justices of the Peace or by the chief magistrates of cities or towns.

15 Henry VI., cap. 6. See also 19 Henry VII., cap. 7.

[302] English Guilds, 283-286.

[303] Ricart, 78. The examples are too numerous to give. But see the

ordinances drawn up in 1448 for the Tailors’ Guild of Lynn by the Mayor

and the Council. It was ordered that no new tailor should set up in

business unless he was considered “sufficient in conning” not only by

the two head men of his craft, but also by the mayor. Every tailor

admitted to the guild had to pay a fine as entrance fee to the Mayor

and another to the community, as well as his payment to the Guild;

and paid a yearly fee to the town for any sewers and apprentices whom

he employed. Quarrels between shapers and sewers were to be settled

by the Mayor and the head men of the craft. If a tailor sent home an

ill-fitting garment the buyer might bring his complaint to the Mayor’s

Court, and claim amends before the Mayor and the head men of the craft

on condition of paying a fine of 3_s._ 4_d._ if he did not prove his

case. (Hist. MSS. Com. xi. 3, 165-6.)

[304] Miss Dormer Harris has kindly given me the rules at Coventry as

to how a craft was to proceed to the punishment of a member in 1518.

The master of the craft was first to ask a “reasonable penalty;” if the

offender refused to pay, the master was to apply again after three or

four days and have the refusal recorded; and in case the refusal was

repeated a second time he and three or four of the “honest men” of the

craft were to come to the mayor; and the mayor and one of the justices

were to command the offender to pay a double penalty; and if he refused

yet again, to commit him to prison until it was paid to the craft. At

the same time the offender was to desire the master to be “good master

to him and his good lover.” If the penalty were more than would suffice

for a pound of wax, the remainder was to go to common box, _i.e._, the

city funds.

[305] The tilers were strictly ruled by statute as to how the various

tiles should be made, thatch tile, roof tile, gutter tile, and so on;

how the earth should be prepared and how big the tiles should be.

Justices of the Peace, that is in towns the Mayor and the Aldermen,

were to hear the cases against offenders and appoint searchers. (17

Edward IV. cap. 4.)

[306] Mem. Lond. 308.

[307] English Guilds, 386, 398-9.

[308] Hist. MSS. Com. ix. 174.

[309] Nott. Rec. i. 197. In Winchester every bureller had to give one

cloth yearly to the King’s ferm. (English Guilds, 351.)

[310] Enforced contribution of crafts was common; and the cost

considerable. (Gross, ii. 51; Hist. MSS. Com. xi. 3, p. 166, 225; ibid.

ix. 173-5.) See Kingdon, ii. 260, 318, &c. In Coventry there were

complaints in 1494 that the dyers, skinners, fishmongers, &c., were so

“self-willed” that they could not be made to contribute to pageants.

See Hibbert’s Inf. and Dev. of Eng. Gilds, 63. For the whole question

of plays and pageants see Davidson’s Studies in Eng. Mystery Plays,

printed by Yale University, 1892. The Corpus Christi processions became

after the order of the Council of Vienne, 1318, exceedingly popular;

the guilds of Corpus Christi, having charge of the procession, not of

the plays (91-2), were probably generally composed of the upper class

of people. A list of Miracle Plays and Mysteries has been made for

students by F. Stoddard, California University, 1887.

[311] Von Ochenkowski thinks the relation of municipalities and crafts

depended on the relative force of the three principles then contending

for the mastery—feudal rights, the king’s will, and the common law;

in the conflicts between guilds and towns he sees the alternating

forces of the king’s law and of the common law. (Wirthschaftliche

Entwickelung, 59-60.) Many homelier causes than this were probably at

work.

[312] The surprising number of guilds formed under Richard the Second

and during the next hundred years must strike any one who looks at the

town records. As a single example see the list given for Shrewsbury

in Hibbert’s Inf. and Dev. of Eng. Gilds, 58-9. In many cases it can

be proved that the new fraternity was really an old one, but its

re-constitution is as important as a new creation.

[313] Boys’ Sandwich, 678, 680.

[314] Hist. MSS. Com. ix. 173-4. “Provided always that any such masters

so elected shall be none of the same crafts or mysteries whereof they

shall be elected.”

[315] Boys, 685, &c.

[316] Hist. MSS. Com. ix. 173-5, 148. Sometimes wealthy guilds united

to gain a monopoly of power in the borough. There was a tendency to

combine even in the poorer social or religious fraternities. (Eng.

Gilds, 219.) A decline took place in the number of miracle plays for

the crafts. Pollard’s Miracle Plays, xxx.

[317] See the curious provision made by the mayor of London at the

request of the farriers to get their bills paid. (Riley’s Mem. Lond.

294.)

[318] English Guilds, 285.

[319] Hist. MSS. Com. ix. 174.

[320] Shillingford’s Letters (Camden Soc.) 4.

[321] Though this body of Twelve appears first in the records in 1344,

it is impossible to doubt that it was of earlier origin, in view of the

custom of other boroughs. In the same way the notices in 1288, 1301,

and later, of the electing jury do not by any means imply that these

were its first appearances, and all analogy would point to an opposite

conclusion.

[322] Freeman’s Exeter, 147, 149.

[323] Mr. Freeman seems to suggest that the Council of Exeter was

formed by the habitual summoning of certain members of the Assembly to

advise the mayor, and speaks of it as “a committee of the whole body.”

(Ibid. p. 152.) It is, however, not yet certainly ascertained whether

the evidence bears out this view as regards Exeter.

[324] The regular list of recorders or law officers begins in 1354.

Freeman’s Exeter, 154.

[325] Freeman’s Exeter, 146-7. English Guilds, 303, 307, 308.

[326] Both these classes admitted “out-brothers,” probably

“foreigners,” who paid half fees.

[327] English Guilds, 313-316.

[328] Ibid. 318, 324, 327.

[329] Ibid. 321-2.

[330] His first charter to the Tailors was in 1461 (Gross i. 124 n.

2); the second in 1466. A different instance occurs in Shrewsbury,

when Edward the Fourth gave in 1461 a charter to the Fraternity of the

Blessed Trinity making it into the company of the Drapers. (Hibbert’s

Influence and Development of English Guilds, 59.)

[331] English Guilds, 301, 307, 310. Gross i. 124.

[332] English Guilds, 309-311.

[333] English Guilds, 302-304.

[334] Ibid. 303.

[335] English Guilds, 304-8.

[336] English Guilds, 324.

[337] Ibid. 326.

[338] English Guilds, 323.

[339] Ibid. 331-4.

[340] Ibid. 334-7.

[341] This forms the earliest account we possess of the costs of a

private bill. Ibid. 308-311.

[342] Freeman’s Exeter, 146-154.

[343] English Guilds, 328.

[344] See Chapter XIII. p. 352-4.

[345] In 1376 the judges held that no guild could be established save

by royal charter. (Seligman in his Med. Guilds p. 66, quotes Year

Book 49, Edward III. fol. 36.) On the other hand in 1376 the commons

presented a petition complaining that many of the mayors were prevented

from exercising their office thoroughly by the special charters which

had been granted to certain misteries and praying that these special

charters might be withdrawn so as to strengthen the hands of the local

authorities. (Rot. Parl. ii. 331 No. 54.) See Gross i. 113 note 2. For

instances of royal charters to guilds see the Mercers of Shrewsbury

(Hibbert, 64), the Tailors of London (Clode’s Merchant Tailors), and

various companies in Hull (Lambert’s Two Thousand Years of Guild Life).

[346] A curious instance is given in Hull in which one of the county

magnates made use of the guild as an instrument for getting hold of the

borough representation in Parliament. (Lambert’s Two Thousand Years of

Guild Life, 182.)

[347] The story of the Hull Merchants’ Company is very instructive.

Ibid. 180, etc.

[348] See Chapter VIII. The union of crafts in a guild at Walsall

(Gross ii. 248) before 1440 seems to have been very like the union

of crafts at Coventry a century earlier to get control of the town

government, “in eschewing of such great misorder and inconvenience as

here of late hath fortuned and happened.”

[349] Carlisle Mun. Rec. ed. Ferguson and Nansen 89-99.

[350] The town customs and bye-laws were drawn up in 1561 by “the

Mayor and Council with four of every occupation in the aforesaid city,

for and in the name of the whole citizens (Carlisle Mun. Rec. 28, 29,

59). In Beverley the alderman of merchants and twenty-one aldermen of

various crafts gave assent in the fifteenth century to ordinances of

the governors.” (Gross, ii. 23.)

[351] Gross, ii. 380-3.

[352] See Chapter XIII. 374-5.

[353] Gross, i. 111, note 3. The cases of Durham and Morpeth here

mentioned are very late.

[354] Ibid. 112, note 4.

[355] Ibid. i. 124 note 2. Von Ochenkowski (Wirthschaftliche

Entwickelung, 67) argues that this regulation was made in consequence

of the mediæval view of trade as a public trust not a mere individual

act; and that skill in craft was taken as a test of uprightness of

character and a pledge of fitness for citizenship. From this conclusion

follows the belief, which in its turn supports the conclusion, that the

rule was one imposed by the town authorities and not by the will of the

crafts.

[356] Stubbs, iii. 607.

[357] This history has been treated by Dr. Gross in his “Gild

Merchant.” In the thirteenth century Merchant Guilds existed in at

least one-third and probably in a much greater proportion of the

English boroughs. (Gross, i. 2, 22, 158.)

[358] Ibid. i. 107.

[359] Gross, i. 74, 107, 108, note 3, 109. There were clergy and women

in the Andover Guild (Ibid. ii. 299, 321); and in Coventry (English

Guilds, 228).

[360] Gross, i. 66-71, ii. 236.

[361] Ibid. i. 43, 61, 158-9.

[362] Ibid. i. 282-3.

[363] Gross, i. 61-63, 85. Sometimes the grant of a guild was given

before the grant of other rights. In other cases it followed. Thus

in Gloucester the first charter was given by Henry the Second “to my

burgesses of Gloucester” in 1155. The Guild did not appear in the

charter till 1200, when John granted certain municipal rights to “our

burgesses of Gloucester,” and others mainly of a trading sort to “our

burgesses of Gloucester of the Merchant Guild”; and in 1227 a charter

of Henry the Third seems for the first time to enact that burgesses

must not only dwell in the borough, hold land, and pay lot and scot,

but must also “be in the Merchant Guild and Hanse.”

[364] Ibid. i. 43-52, 158-9.

[365] Ibid. i. 63, 85, 114. “In some places their powers appear to have

been gradually enlarged during the thirteenth century so as to embrace

jurisdiction in pleas relating to trade.” (Ibid. 65.)

[366] Ibid. i. 114-115.

[367] Gross, i. 117, 159-60.

[368] Ibid. i. 116.

[369] Dr. Gross holds that all guilds of merchants formed after the

decline of the Gilda Mercatoria in the thirteenth century must be

considered as being merely craft-unions of the ordinary kind—in most

cases superseding the Guild Merchant (i. 129).

[370] By Dr. Gross’s definition, “What had once been a distinct

integral part of the civic body politic became vaguely blended with the

whole of it.” (Gross, i. 159-60, 163.)

[371] This is stated to have been very rare. (Ibid. p. 114.)

[372] Ibid. 118, 163. The appellation of the Guild Merchant “was

more frequently applied to the aggregate of the crafts” than to the

governing body of the borough. (Ibid. i. 114.) In Carlisle had the term

“been used at all, _it would probably have been applied_ to the eight

guilds aggregately, rather than to the Corporation.” (Ibid. ii. 40.) In

proving that the later Guild Merchant was “an aggregate of the crafts,”

Dr. Gross carries us at a single step into a much later period (pp.

118-123), where the name tells us little apart from the history of the

borough. The case of Coventry seems a doubtful instance.

[373] Gross, i. 161, 163. Lynn is given as an illustration of this

change, but the evidence is not adduced.

[374] Ibid. i. 118. No instance is given of this.

[375] Dr. Gross argues that any struggle which did take place was not

between the Guild Merchant and the crafts, but between “the governing

council (the “magnates,” “potentiores,” etc.) on the one side and the

burgesses at large (“communitas,” “populus,” “minores”) on the other.”

(Gross i. 110, 285.) The “magnates” of Norwich (Hudson’s Mun. Org.

p. 24-5), or “les riches” of the city records, ruled in a city where

there was no Guild Merchant. The “potentiores” of Lynn seem from the

printed records to have been the Guild Merchant. In the town records

“communitas” cannot be understood as synonymous with “populus,” still

less with “minores.”

[376] Gross, i. 109. “Not a single unmistakable example of such a

conflict has ever been deduced.” On this point Seligman (Mediæval

Guilds, 57-8) speaks very dogmatically on most inconclusive evidence,

so far as this is given in his notes. The analogy on p. 58 of craft

guilds including smaller unions is not shewn, nor their common

occurrence proved.

[377] In London, Norwich, and the Cinque Ports, there was no Guild

Merchant at any time. In Lynn, Andover, Southampton, and Bristol it was

all-powerful. In Nottingham no influence of its action can be traced;

the guild mentioned in John’s charter (Nott. Rec. i. 9) is only once

mentioned afterwards, in 1365. (Ibid. i. 189.)

[378] Gross, i. 107.

[379] See Lynn, Gross, ii. 157. Southampton, ibid. 216-226. Andover,

ibid. 4, 8, 294, 344. Derby, ibid. 51-3. Newcastle, ibid. 184-5; other

instances, i. 69. For Reading see vol. i. 302. For the variety in

relations of the Guild to the town see Gross, i. 73.

[380] As at Oxford and Lincoln, Lib. Cus. 671. Gross, ii. 146. It

is very probable, however, that these were confirmations of older

institutions.

[381] Gross, i. 109.

[382] Ibid. i. 33.

[383] Ibid. i. 31. See also Bury St. Edmunds, ii. 30-3.

[384] See p. 219, note at end of Chapter.

[385] Barnstaple, Gross, ii. 12.

[386] Bury St. Edmunds, Gross, ii. 33-4.

[387] Gross, i. 117. Is there any reason to think that if the enjoyment

of monopoly was split up and divided among the crafts, the exercize of

authority was split up and transferred in the same proportions?

[388] When wealthy individuals of a craft, men perhaps almost in the

position of merchants, were admitted to the Guild, no argument can be

drawn from this as to the relation of the craft itself to the Guild.

[389] Gross, i. 114-5. In the instances here given (p. 116, note 1) of

regulations made for craftsmen by the Guild Merchant it is necessary

to define the exact relation between the Guild and the governing body

of the town. (See Andover in 1314. Gross, ii. 308. Compare Leicester,

ibid. 144.)

[390] Gross, i. 125-6, 159-60.

[391] Ibid. i. 75, 76.

[392] All the materials which I have used in speaking of Coventry have

been given me very kindly by Miss Dormer Harris, who has made a careful

study of the town records on the spot, and will soon, it is hoped,

publish the result of her researches.

[393] Compare Chesterfield, where a Guild was established in 1218 to

guard the “liberties of the town”; in case of need its aldermen were to

choose twelve men to go before the justices or elsewhere to help these

“liberties” of the town; and any one suffering loss for them was to be

repaid by the Guild. (English Guilds, 165-167.)

[394] Compare the very small numbers of the Reading Guild, which was

a survival of olden times (Vol. I. p. 302, note 1). S. Alban’s was

larger, but apparently of a more doubtful character, even in the eyes

of the prudent burghers. (Ibid. 296-7.)

[395] They got land from Isabella, and built their church at

Bablake—the first church built by the burghers.

[396] The taking of a common name may have been connected with the

license to mortmain. S. John’s Guild had got a license in 1342 and land

to build its church, but some extended license must have been needed

for a larger society which desired to possess new property.

[397] Mercers’ obits were celebrated in S. Catherine’s Chapel; drapers’

obits usually in the Lady Chapel belonging to S. Mary’s or the Merchant

Guild.

[398] The early guildhall of York belonged to the guilds of S. George

and S. Christopher; and when the new hall was built in the middle of

the fifteenth century these two guilds retained considerable power in

it. (Davies’ Walks Through York, 49-51.) Sir William Plumpton and his

wife joined the fraternity of S. Christopher at York, 1439. (Plumpton

Corr. lxii.)

[399] Cf. Norwich (p. 395). This arrangement was probably made for the

sake of financial security (see p. 215-6).

[400] English Gilds, 232.

[401] Accounts of the Guild of Corpus Christi are preserved from 1488.

The brethren and sisters of the Guild seem to have been spread all

over England, and are mentioned at London, Lynn, and Birmingham. They

were of all ranks and of all trades and callings. (Hist. MSS. Com. i.

101.) The Prior of the cathedral, the Prior’s bailiff, the vicar of

Trinity, various craftsmen of the town and vicars of the neighbourhood,

merchants of Queenborough, Dublin, Drogheda, Bristol, Kingston-on-Hull,

London, and many other places, a “merchant of the Staple,” and great

men of the neighbourhood, such as Thomas Grey, the Marquis of Dorset,

Lord Hastings, and others belonged to its association.

[402] S. Mary’s Hall was begun in 1340, and finished in 1413.

[403] The Twenty-four were self-elected; the mayor was elected by the

Twenty-four; the common council were appointed and summoned by the

mayor.

[404] Compare the case of Southampton where a guild merchant had

imposed its methods on a town government.

[405] The list compiled in 1449 of living craftsmen who had held office

gives fifteen drapers and eleven mercers, and seven dyers; as against

two wire-drawers, two whit-tawyers, and two weavers. The dyers in

Coventry were often cloth merchants of great consequence.

[406] In the time of Richard the Second the fullers and tailors first

attempted to form a guild, and even obtained a patent which licensed

their society to hold property worth a yearly rental of eight marks.

[407] The complaint against the dyers is shown in a petition to

Parliament in 1415 (Rot. Parl. iv. 75), in which the community of

Coventry say that by reason of a confederacy among the dyers they

cannot get their cloth dyed under 6_s._ or 7_s._ a dozen, whereas last

year’s price was 5_s._; and forty pounds of wool was now 30_s._ which

was last year 20_s._, &c. The dyers are also great and common makers

of cloth and take all the flower of the wool for their own cloth, the

remnant serving the common people. The petitioners request that on the

day of the mayor’s election, those that elect him (that is twenty-four

members of the ruling guilds) shall also appoint four persons, two

drapers, one dyer, and one woder, sworn to keep watch over the dyers,

and present them for any “fault or confederacy” to the mayor, bailiffs,

and justices of the peace—in other words to the officers of the

Trinity Guild. For the first fault he was to pay a fine to the king,

for the second a fine and half a year’s imprisonment. They also prayed

that no one who was a dyer should make vendible cloth. These conditions

being refused they claimed the suppression of the guild.

[408] The mayor and his brethren carried their complaint to the king

in 1424, and by royal writ the assemblies were forbidden. In 1422 the

governing guilds issued an order that all wardens should bring the

ordinances of the crafts before the mayor, recorder, and bailiffs, and

eight of the general council by whom honest, lawful, and good rules

should be allowed; and no ordinances might be made against the law in

oppression of people, upon pain of imprisonment or fine at the king’s

will. In 1424 arbitrators were appointed by the mayor’s order to decide

the disputes between the master weavers and their men; and rules were

drawn up for the whole craft. It is obvious that this is very different

from regulation by a guild which still retained the crafts within its

own association.

[409] They gave forty marks for a fresh license for their guild with

mortmain up to ten marks, and leave to elect four masters at the

Nativity to rule the craft and to plead in courts for the whole body.

As of old they seem to have failed in carrying out their scheme in

spite of the license, and in 1448 a petition was presented by them

(whether it was voluntary may well be doubted) that the union between

the fullers’ and tailors’ crafts should be severed. At the suppression

of the guilds the shearmen and tailors held a mill and tenements in

mortmain for the support of their chauntry.

[410] Cf. Exeter, Chapter VII.

[411] How little freedom was left to far the most powerful craft of

all—the dyers—we see from the law of 1530, that if any masters and

journeymen of the dyers can be proved before the mayor and justices

to have hindered any one from becoming a dyer, they are to be fined.

If the journeymen refuse to work for the new dyers, then, without

hindrance from the craft or the journeymen, they may hire others not

inhabitants. In 1530 it was ordered that a certain Robert Perkins was

to become a dyer without “let or hindrance” from craft and journeymen.

In general the corporation resisted the tendency of the lesser crafts

to prevent the setting up of new masters—a policy which is easy

to understand in the rule of merchants, as opposed to that of the

manufacturers.

[412] Posted up on the door of S. Michael’s in 1494:—

“Be it knowen and understood This cite should be free and now is bond

Dame Goode-Eve made hit free And now the’ be customes for woll and the

drap’ie. Also hit is made that no prentice shall be But XIII. penies

pay shall he, This act did Robert Grene Therefore he had many a curse I

wene.”

(Sharp’s Antiquities, 235.)

[413]

“This city is bond that shuld be free, The right is holden from the

̄C̄īalte. Our cōins that at Lamas open shuld be cast They be closed

in and hegged full fast.... If ever ye have nede to the cōīalte Such

favour as ye show us such shall ye see. We may speke fair and bid ye

good morwe But luff from our herts ye shall have nevr.... Cherish the

cōīalte and so they have their right For drede of a worse chance by day

or by night. The best of all littel worth shuld be And ye had not had

help of the cōīalte.”

(Sharp, 235.) Perhaps it was from the talk of the streets in some such

local disturbance that Langland quoted when he wrote the lines quoted

in Vol. I. p. 26.

[414] The Coventry craft-masters’ apprentices paid their fines to the

mayor “for the use of the city,” not of the guild; the “searchers” for

the trades were appointed and the regulations made at the Leet Court,

not at meetings of a guild; the same officials attended, but they had

to act as representing the municipality.

[415] As in Lynn, Bristol, and, later, Norwich.

[416] It is a subject for inquiry whether any Guild Merchant gave

its name to a municipality unless it had been made responsible for

the payment of the ferm, and held openly and to the knowledge of the

exchequer some property or rents or tolls for the purpose.

[417] The Coventry Guild held town property for public purposes before

this, apparently as a private arrangement.

[418] It is possible that in the earlier part of Richard’s reign the

fear inspired by the Peasant Revolt may have quickened the spirit of

organization among the wealthier classes. In the Guild of Lichfield,

established by charter in 1387, the master of the Guild and the

Forty-eight were “steadfastly to abide together and see that good rule

be kept in the city.” (Gross, ii. 145.) Similar combinations of the

richer classes seem to have been very general.

[419] English Gilds, 244-6, 249, 250.

[420] Gross, ii. 353.

[421] Hist. MSS. Com. iii. 316. This states that all the burgesses and

the commonalty of the borough of Bridgewater have ordained that they

will choose yearly two seneschals of their guild, and one bailiff to

attend on them; such seneschals to have power to punish those offending

against these ordinances. If any one among them shall maliciously

impute to another a charge of theft, forgery, neifty (“nativitatis,”

the being a born bondman), murder, adultery, or excommunication, and be

convicted thereof before the seneschals, he shall be amerced and bound

to the commonalty to make satisfaction to the other at the award of

his peers. No one shall implead another without the borough under pain

of amercement. Any one neglecting to appear before the seneschals when

summoned is to be amerced. Those opposing execution or distress made by

order of the seneschals to be amerced and bound to the commonalty in

forty pence. No one is to buy flesh or fish before 9 A.M. for regrating

under pain of becoming bound to the commonalty in the price of the

flesh or fish so bought or sold. If any one is elected to the office of

seneschal of S. Mary’s or of the Holy Cross in the church of the said

borough he shall render account for the moneys arising therefrom to the

said seneschals whenever summoned so to do. Any person refusing any one

of those offices, if elected thereto, is to be bound to the commonalty

in the sum of 6_s._ 8_d._ The seneschals are to render account for all

moneys received by them each year upon the morrow of the circumcision

of our Lord. This deed has a large fragment of the castle seal or seal

of the lord of the fee still attached. (Hist. MSS. Com. iii. 316.)

[422] Their meetings for business were held in a small chamber attached

to the church of S. Helen, which is still the exchequer chamber of

their successors, the governors of Christ’s Hospital. (Hist. MSS. Com.

i. 98.) Dr. Gross (i. 83-4, note 11) gives the names of some towns

where the government was guided by a “simple social-religious gild.”

The instances suggest different problems, and need separate examination

of the special circumstances.

[423] Madox, 217. How many later declarations of the poverty of

_corporations_ was due to this convenient system of dealing with their

funds?

[424] This system was devised before the doctrine of Trusts was

adopted, in the reign of Henry the Fourth; but even after that doctrine

was accepted the holding of property by a friendly corporation would

have put considerable difficulty in the way of recovering money owed by

the municipality.

[425] English Gilds, 231-5.

[426] See Note A at end of Chapter.

[427] See Chapter XIV.

[428] Dr. Gross is one of the latest writers who insists especially on

the passage from democracy to oligarchy. (i. 108-110, 125-6, 160, 171,

285.)

[429] Gross, i. 23-6; ii. 115 et sq. Compare Hist. MSS. Com. ix. 239,

for the forms used in 1291. For elections in 1310 see Ibid. 242.

[430] In Romney an instance is given in 1442 of a man being arrested

who had come, not being free, to hear the common council. Hist. MSS.

Com. v. 540. For Wycombe, Ibid. 557.

[431] Journal Archæological Association, xxvii. 464.

[432] Ibid.

[433] Hist. MSS. Com. v. 493.

[434] Boys’ Sandwich, 429. See also Berwick, English Guilds, 344.

[435] Journ. Arch. Ass. xxvii. 462. If a townsman struck the mayor and

was too harshly punished the friends of the prisoner might call a jury

“of the discreetest and stoutest men of the city,” who should ordain a

just penalty. In Rye as in Hereford the old custom was that the man who

struck the mayor was to lose his right hand (Lyon’s Dover, ii. 352);

in Preston there was some punishment for a mayor who struck a burgess

in or out of court (Custumal, Hist. Preston Guild). In Canterbury if a

bailiff did wrong to any “that may be found by two lawful men of syght

and of hyerth” complaint was made to the twelve aldermen; and if they

charged the bailiff in vain to amend the wrong, the case was carried to

a court of the thirty-six, the aldermen, and the most wisest men, “and

by them right shall be ordained” (Hist. MSS. Com. ix. 171).

[436] Hist. MSS. Com. v. 559.

[437] Hunt’s Bristol, 103-5.

[438] For the variety of modes in which juries were elected then and

later see Rep. Mun. Corporations, 27.

[439] We find also special juries—for example a jury of masons and

carpenters to judge “because of a waterfall which fell from the house

and gutter of Richard Maidstone upon the house and ground of William

Bennett” (Hist. MSS. Com. ix. 169); and groups of umpires appointed to

settle differences (Boys’ Sandwich, 786).

[440] This was the custom in Exeter. At Bayonne every new citizen was

sworn upon a book containing the charter and statutes of the commune

(Luchaire, 47).

[441] Ricart, 2.

[442] At Wycombe and Dartmouth two Italian copies of the Pandects of

Justinian and commentaries were used in the fifteenth century to bind

up the corporation books.

[443] See pp. 310-11, 334-6, 366-70. A decree of 1328 in Preston was

made by “the mayor, bailiffs, and burgesses, with all the commonalty,

by a whole assent and consent.” (Thomson, Mun. Hist. 105.)

[444] Mr. Maitland describes the communal organization of the villein

tenants on the manor of Bright Waltham in 1293 (Manorial Pleas, Selden

Soc. 161-4, 168). They formed a “communitas” which held property,

could receive a grant of land, could contract and make exchanges with

the lord (172). These rights were recognized in the manorial courts,

though at Westminster they would have been held very irregular (163).

They elected or recommended the reeve, shepherd, ploughman, swineherd

(170), the whole ville “undertaking” for him (168). The steward kept

watch that no land of servile tenure should be treated as free, and the

villeins themselves were very unwilling that a villein should set up as

a freeman on the ground of holding a freehold acre (164).

[445] In Barnstaple a deed concerning a tenement in the High Street in

1416 was sealed with the seal of the commonalty, not that of the mayor.

(Hist. MSS. Com. ix. 213.) In Rye there was a seal of the community

different from the mayor’s seal, which last was first used in 1377.

(Ibid. v. 489, 511.) Also in Lydd (ibid. 530-2).

[446] See note A at end of chapter.

[447] Worcester, Eng. Guilds, 378.

[448] Frequent cases indicate that where the common lands played an

important part in the wealth or industry of a borough the burgesses

long preserved an interest in municipal affairs. Thus, in Haverford

West, where the townsfolk up to 1832 took a very real part in the

election of their officers and the control of business, the common

meadow still contained over a thousand acres. (Report on Mun.

Corporation, 233, etc.) And at Berwick-on-Tweed, where also affairs

were administered by the whole body of burgesses, the annual value of

the lands whose profits went to the freemen was near £6,000. (Ibid. 31.)

[449] Piers Ploughman, pass. xi. 239.

[450] Merewether and Stephens, ii. 590-2.

[451] Norwich Town Close Evidences, p. 16. A copy of this volume (a

private publication printed in connection with the Town Close case in

1885) may be found in the British Museum.

[452] Norwich Town Close Evidences, 18-19.

[453] Ibid. 17.

[454] It was at this time that the mayor was given power to distrain

for sums levied on the commonalty. (Hist. MSS. Com. xi. part 3, 186-7.)

[455] Hist. MSS. Com. xi. 3, pp. 187, 240. Gross, ii. 155-6.

[456] Report on Markets, 62.

[457] Rot. Parl. i. 433.

[458] Madox, 94.

[459] In the list of taxpayers to the poll-tax of 1380 in Oxford, we

find four aldermen mentioned—a vintner, a draper, and two others whose

trade is not mentioned, but who had eight and ten servants, a number

very greatly above the average. The vintner and draper each paid,

like the mayor, 13_s._ 4_d._; but the man with ten servants gave only

12_d._; and the man with eight is not registered as having paid at all.

(Oxford City Documents, Oxford Hist. Soc. 8-45.)

[460] See Note A at end of chapter.

[461] In 1327 a violent dispute broke out between the great people

of Andover and the rest of the community. The story of the election

of a sort of council of fifteen of the richer people in 1303, and of

incidents leading to the riot of 1327 can be traced in the entries

quoted in Gross, ii. 297-321.

[462] Inaugural Address at Oxford by Mr. Froude, Oct. 26th, 1892.

[463] Cases occur in the towns under the game laws. The Jurats of

Hythe present Henry Colle as “a common destroyer in killing hares with

snares and pypys to the great destruction of the sport of the gentry

and against the statute”; and another man “for keeping one ferret for

hunting against the statute.” (Hist. MSS. Com. iv. 1, 431, 2.)

[464] See Piers Ploughman. Pass. ix. 20-31; ii. 96; x. 223, _et sq._

[465]

“Then louh (laughed) there a lord and ‘by this light’ said, ‘I hold it

right and reason to take of my reeve All that mine auditor or else my

steward Counselleth me by their account and my clerk’s writing. With

_spiritus intellectus_ they took the reeve-rolls, And with _spiritus

fortitudinis_ fetch it, will he, nil he.’”

—Piers Ploughman. Passus xxii. 461-466.

[466] “If any judgment be given,” say the Hereford Customs, “or any

execution of writs of our Lord the King, be to be impleaded or done,

or if any doubt or ambiguity shall be upon any of our laws or customs,

or anything else touching the whole commonalty, then the bailiff or

steward, by all kind of rigour, may compel _the discreeter especially,

or any other citizen whom they have need of_, to come unto them.”

(Journ. Arch. Ass. xxvii. 464.)

[467] Hudson, Mun. Org., 24-5.

[468] Royal Commission on Markets, 15, 16. The justices had a right to

dismiss poor recognitors, and order the sheriff to cause lawful knights

and other proved discreet men to be elected in their stead (Select

Civil Pleas, Selden Society, 100). The records of the Manchester Court

Leet Jury have only been preserved from 1552. The number varied from

about fourteen to eighteen, who were yearly chosen at the court leets

from the chief burgesses of the town. When the father died his eldest

son or younger brother seems to have been made a juror in his stead.

The jurors, in fact, were chosen generation after generation from the

same small number of families. The reeve and one or both constables

were generally nominated from among the jury then in the box.

(Manchester Court Leet Records, 177-8.) Cf. Ship of Fools. Barclay, 99.

[469] Ibid. 62. See Vol. I. 186, 165, note A. In Canterbury there

was a law that if by the bailiff’s fault the king should send a writ

“in hindering of the liberty” of the town the bailiff should make

restitution.

[470] In Colchester for example the number of people assessed for all

moveables in 1301 was 390 and the sum raised £24 12_s._ 6_d._ In 1377,

when it stood twelfth on the list of English towns, it is said to have

had about 4,500 inhabitants.

[471] Thus in 1342 Nicholas Langton was elected mayor of York for the

seventeenth time (Hargrove’s York, i. 308) and two men bore rule in

Liverpool for eighteen years between 1374 and 1406—one for twelve

years and the other for six (Picton’s Liverpool, i. 30).

[472] There was a great variety in the names of mayors during the

fifteenth century. John Samon held the office several times, but

generally speaking the mayors were not re-elected, and in no case did

they hold office two years in succession. (See Nottingham Records.)

[473] Gross, ii. 117.

[474] Lincoln and London (Madox, 14; Gross, i. 80). Canterbury (Hist.

MSS. Com. ix. 167).

[475] See Lynn and Southampton.

[476] Ricart’s Kalendar, 72, etc. The Mayor in Nottingham was bound

“to give his brethren knowledge for to see the game of the fishing”

... and “in likewise to give them knowledge of every bear-baiting and

bull-baiting within the town, to see the sport of the game after the

old custom and usage.” (Rec. iii. 449.)

[477] Hythe, Hist. MSS. Com. iv. i. 432, 434.

[478] Hist. MSS. Com. v. 542. Ibid. vi. 572-580. Any man thrice

convicted of “cursing the mayor and slandering him with good and grave

people,” was to be deprived of his freedom by sound of the bell of the

Guild Hall.

[479] See ch. viii. Freeman’s Exeter, 90.

[480] In Bristol the town clerk, the steward, and the attorney, had

forty-two rays, and their under clerks thirty-two rays. (Ricart, xii.

81.)

[481] In 1476 Lydd paid 13_s._ 4_d._ for the writing out of its

“Customall.” The custumal of Sandwich written in 1301 was copied about

1465 by the Town Clerk, John Serles. The Black Book of Hythe was copied

in the same way. For Southampton see Hist. MSS. Com. xi. 3, p. 8.

Instances are too numerous to give.

[482] See the Translation of Crouchback’s Charter at Leicester (Hist.

MSS. Com. viii. 404); a translation from the French in 1491 of the old

book of laws and customs of Yarmouth (Ibid. ix. 305); a translation in

1473 of the ancient rules of the Guild of Southampton known as the Pax

Bread. (Davies’ Southampton, 133.)

[483] Hist. MSS. Com. v. 606-7. The clerk was also responsible for

deeds which were constantly given into the keeping of the Mayor and

Council.

[484] The Domesday Book of Dorchester compiled in the XV. century

(Journ. Arch. Ass. xxviii. 29); the Liber Albus of Norwich in 1426

(Blomefield, iii. 141; Arch. Journ. xlvi. 302). Ordinances were drawn

up at Rye in 1397 (Hist. MSS. Com. v. 489); the Fordwich Kalendar in

the fifteenth century (Ibid. v. 606-607). The oldest Year Book of

Sandwich is the Old Black Book in which entries are made in 1432 and

end in 1487. Entries in its White Book begin in 1488 and end in 1526.

The fact that the laws of the Scotch Marches were codified at this time

shews the prevailing tendency.

[485] As in Romney (Hist. MSS. Com. v. 539).

[486] In 1386 the Cinque Ports paid for the copying of Magna Charta

(Ibid. 533).

[487] Nottingham Records, ii. 340.

[488] Hist. MSS. Com. vi. 489.

[489] Ibid. ix. 223-4.

[490] First paper roll in Reading accounts 1463. (Hist. MSS. Com. xi.

part 7, 175.) Accounts at Bridport, Southampton, and Hythe on paper

under Richard the Second. (Ibid. vi. 492; xi. 3-8; iv. 1, 438-9.) Some

of the guild returns were on paper in 1389. (English Guilds, 132-3.)

In 1467 there was a rule in Worcester that the town clerk must be a

citizen, and do his own work with daily attendance and not by simple

and inefficient deputy, and must engross on parchment. (Guilds, 399.)

[491] Hist. MSS. Com. vi. 477.

[492] Ibid. ix. 108.

[493] Ibid. vi. 603.

[494] The difference is seen by comparing with their accounts such

documents as presentments at sessions, bills for goods and the like.

(Nottingham Records, iii. xiv.) See also entries in the records made by

Roger Bramston, mayor of Wycombe, in 1490.

[495] The possible difficulty of getting rid of a clerk is illustrated

by what happened when the mayor, sheriffs, alderman, and commons of

York, in 1475, by their whole and common assent, dismissed the common

clerk “for divers and many offences—excessive takings of money,

misguiding of their books, accounts, and evidences, with other great

trespasses.” They then wrote to D. of Gloucester to entreat his good

lordship and that he would move the king to allow them to name another

common clerk; and the Duke having sent letters to Lord Hastings and

Lord Stanley, finally received an answer from the king that he had

commissioned two serjeants of the law to examine the case, that they

had reported in favour of the corporation, and that a new clerk might

be elected. The grateful town agreed at a meeting of the council that

the D. of Gloucester “for his great labour now late made unto the

king’s great grace” should “be presented at his coming to the city with

6 swans and 6 pikes.” (Davies’ York, 53-55.)

[496] Hist. MSS. Com. vi. 603. In Hereford the steward might be a

“foreigner who is known of the citizens.” (Journ. Arch. Ass. xxvii.

463-4.)

[497] In Sandwich the “town clerk’s” salary was 40_s._ a year, out of

which he had to find parchment, except when he wrote out the cesses,

when the commonalty might give him a shilling or two for the parchment

and his trouble. Other small payments fell to him when a freeman was

made or a corporation letter was signed or suchlike business done.

(Boys’ Sandwich, 476.) In 1390 Romney paid as much as 56_s._ 8_d._;

then the salary fell to 40_s._ in 1428; then to 32_s._ 11_d._; and then

to 26_s._ 8_d._, with 3_s._ 4_d._ for parchment. (Ibid. 803.) This

corresponded with the decline in the fortunes of Romney.

[498] The common clerk at Hythe, John Smallwood, secured for himself a

following of thirty-six men sworn to help him in all his undertakings,

and in 1397 he had even gathered sixty men pledged to bring about the

death of four of his enemies. For four years the town refused to have

any clerk at all, until at last Smallwood made his peace in 1414 by

the gift of certain tenements and lands. (Hist. MSS. Com. iv. part 1,

437-8.)

[499] Davies’ York, 207. Thomas Atwood, who was town clerk of

Canterbury in 1497, seems to have been mayor in 1500. His brother

William was one of the counsel of the city in 1497.

[500] Nottingham Records, iii. 59, 84.

[501] For his writing and one or two of his mottoes see Nottingham

Records, III. ix.-xiii. ii. xvi. For Robert de Ricarto of Bristol, see

p. 20. For Daniel Rowe of Romney, p. 61.

[502] Thompson, Mun. Hist. 82.

[503] See Paston Letters. Cf. The Common Weal (ed. Miss Lamond), 83-4.

[504] See the case of Norwich. The main effect of the new charters was

simply to make the rate of progress apparent, and to some extent to

help it forward by the mere process of reducing everything to formal

legal arrangement, thus incidentally destroying vague liberties, or

hardening the exercise of them into a fixed form which had lost all

elasticity.

[505] Piers Ploughman. Passus ix. 174.

[506]

“But while Hunger was their master would none chide, Ne strive against

the Statute, he looked so stern.”

Ibid. Passus ix. 342, 343.

[507] Occasionally we find odd instances of growing independence.

In Worcester “at some seasons of wilfulness” the people had shewn

their revolutionary temper by choosing for serjeants and constables

“persons of worship, to the dishonour of them and of the said city;”

and an ordinance was made in 1467 that none of the twenty-four or the

forty-eight might be appointed to these offices. (English Guilds, 409.)

In like manner the great court of Bridgenorth decreed in 1503 that no

burgess should be made serjeant. (Hist. MSS. Com. x. 4, 426.) In 1350 a

guild was formed in Lincoln of “common and middling folks” who strongly

objected to any one joining them “of the rank of mayor or bailiffs,”

or claiming dignity for his personal rank, and made a rule that if any

such persons insisted on entering their society they should not meddle

with its business and should never be appointed officers. (English

Guilds, 178-9.)

[508] Piers Ploughman. Pass. xviii. 88.

[509] The differences of early charters should all be studied. See, for

example, the charters of Nottingham and Northampton given in the same

year (Stubbs’s Charters, 300-302).

[510] The complexity and apparently inexhaustible confusion of their

methods is well illustrated by the lists drawn up in 1833 by the

commissioners appointed to inquire into municipal corporations. See

appendix to the Rep. on Mun. Corpor. 94, 95; and especially the tables

on pp. 102-132. Evidently the burghers have scarcely deserved the

reproach of those who consider direct election by the people as the

natural rude expedient of unlearned men grouped in political societies

and ignorant of the wiser system of nomination which commends itself to

trained legislators.

[511] Kitchin’s Winchester, 164.

[512] P. 306.

[513] Municipal Corporations Report, 21.

[514] The modes of election of sheriffs and bailiffs were as various

and complicated as those of mayor and council. For illustrations of

this see Rep. on Mun. Corp. 24, 25.

[515] There was also a “Great Court” of twenty-four. Hist. MSS. Com.

x. part 4, pp. 425-7. At Melcombe Regis (Hist. MSS. Com. v. 578) there

was an electing jury of twelve. In Preston the mayor chose in open

court two ancient discreet and honest burgesses, who took an oath that

they would at once select twenty-four burgesses who should not bear any

office in the town during the next year. The twenty-four having been

chosen and sworn, elected a mayor, a bailiff, and a sub-bailiff; these

three at once took their respective oaths, and the mayor before he left

the hall appointed a mayor’s bailiff and a serjeant. Laws were made

by the “mayor, bailiffs, and burgesses, with all the commonalty, by a

whole assent and consent.” Government seems to have been carried on by

the mayor and “twelve of those who with him are ordained,” and who were

known as aldermen or capital burgesses. By a guild law earlier than

1328 former mayors and bailiffs, though they might sit on the bench

as aldermen, were not allowed to meddle with the twenty-four during

the election, under penalty of a fine of twenty shillings or loss of

citizenship. (Preston, Guild Record, xxiv. Guild ordinances in history

of Preston Guild, by Dobson and Harland, 12, 17, 19-23.)

[516] To illustrate the variety of town constitutions I have given

three or four, taken at random, in an Appendix at the end of the

chapter. Other instances will be found in Chapters. XII.-XVI.

[517] See note A, p. 283, Hist. MSS. Com. ix. 171-2. This plan was

perhaps modelled on a system common in ecclesiastical elections

and possibly peculiar in Canterbury so far as municipalities were

concerned. There was a dispute in 1435 about the mode of presentation

to S. Peter’s, Cornhill, to avoid the “great strife and controversy”

between the mayor, aldermen, and common council. It was decided that

the mayor and aldermen should choose four priests living within the

city or a mile of it; that these four should name to the common

council four clerks “most meet in manners and conyng”; and that out of

these four the mayor, aldermen, and council should choose one. Three

Fifteenth century Chron. (Camden Soc., 91-92).

[518] Report on Mun. Corporations, 20.

[519] In Bridport there were twelve jurors. (Hist. MSS. Com. vi.

489-90, 492-3.) In Southampton twelve “discreets,” p. 308. The jurats

in Romney and others of the Cinque Ports formed a similar body. So

also in Carlisle, and in Pontefract. (Hist. MSS. Com. viii. 270-1.) A

writ from the privy council was addressed to “the mayor, bailiffs, and

twenty-four notablest burgesses of our town of Northampton” in 1442.

(Proceed. Privy Council v. 191.) Wells had a council of twenty-four.

(Hist. MSS. Com. i. 106-7.)

[520] Oxford, by a charter of Richard the First, had a mayor and two

aldermen. In 1255 Henry the Third made the aldermen four, corresponding

to the four wards of the city, and joined with them eight leading

burgesses mainly to keep peace in the city and to have charge of the

assize of bread, beer, and wine. The twenty-four common councilmen

were elected from the citizens at large. (Boase’s Oxford, 42-44.) In

Ipswich besides the twelve “honest and loyal” portmen elected yearly

in the cemetery of S. Mary Tower there was a council of twenty-four;

and seven of the portmen and thirteen of the twenty-four could together

make rules for the town. (Hist. MSS. Com. ix. 242, 244.) In Yarmouth

(Hist. MSS. Com. ix. 305; Blomefield, xi. 301-2, 342), twenty-four

jurats (afterwards called aldermen) were chosen by the burgesses, and

appointed all the officers of the town. Between 1400 and 1407 changes

were made in the constitution. Two bailiffs were elected instead of

four, and besides the council of twenty-four aldermen a common council

was formed of forty-eight members. So also in Colchester and Norwich.

Worcester had two councils, “the twenty-four above and the forty-eight

beneath.” (English Guilds, 379, 396. Also Leicester, Hist. MSS. Com.

viii. 425.) Canterbury had an upper council of twelve and another of

thirty-six. (Hist. MSS. Com. ix. 171-2.) For councils of seventy and

eighty see pp. 374, 432. In Chester a charter of 1506 gave twenty-four

aldermen and forty of the common council. (Hist. MSS. Com. viii.

359-60.) In Bristol (Hunt’s Bristol, 85-86) and Liverpool (Picton

ii. 26) the council was composed of forty “honest and discreet” men.

Colchester had two councils of sixteen each. (Cromwell’s Colchester,

265.)

[521] The manner in which the aldermen took their place in the system

of municipal government has not yet been worked out. In London,

Canterbury, and Lincoln they were hereditary owners of the various

wards. The people of Coventry petitioned for aldermen over the wards in

1450, but the mayor and his brethren refused. In Lynn there were only

constables of the wards.

[522] Hist. MSS. Com. vi. 551-569.

[523] Davies’ Southampton, 263.

[524] Hist. MSS. Com. xi. 3. p. 42, 77-82.

[525] Davies’ Southampton, 250.

[526] Gross, ii. 232.

[527] Davies, 253.

[528] 2 Rich. II. St. 1, cap. 3.

[529] Davies, 254.

[530] Ibid. 250.

[531] Hist. MSS. Com. xi. 3, 50, 87.

[532] Ibid. xi. 3, 81, 83, 86. Davies, 253-4.

[533] For example, Thomas Payne, whose barge, the “John of

Southampton,” traded with Zealand; or the goldsmith, William Nycoll,

who was also a merchant, and sent his ship the “Marye of Hampton” to

the Bay of Biscay under the charge of a cousin, his factor and purser.

(Hist. MSS. Com. xi. 3. p. 78, 84, 88.)

[534] Hist. MSS. Com. xi. 3, pp. 70-73. Davies, 97-8. In 1399 Richard

the Second granted to the Emperor for the war against the Turks a sum

of £2,000, which was sent through a Genoese merchant and charged on the

customs at Southampton. Hist. MSS. Com. xi. 3, 16. Bekynton, i. lx.

note. In 1401 a second £2,000 was paid.

[535] Davies, 61, 256.

[536] Hist. MSS. Com. xi. 3, p. 66-69.

[537] Ibid. 77.

[538] Davies, 255.

[539] Ibid. 471.

[540] Ibid. 255-6.

[541] In 1411 the burgesses made a great wharf with a crane on it

at the water-gate to increase merchandise and prevent the evading

of customs. Davies, 112. For strangers brought their wines “very

contemptuously” and landed them “within this realm where they think

good themselves.” (H.M.C. xi. 3, 50-52.)

[542] Hist. MSS. Com. xi. 3, 11, 87.

[543] Hist. MSS. Com. xi. 3, 90.

[544] Hist. MSS. Com. vi, 551-569.

[545] Davies, 294. This may have supported nearly 140 people.

[546] Davies, 82. For supplies for the King’s ship see Hist. MSS. Com.

xi. 3, 113.

[547] Davies, 79. Archers sent to the castle for the defence of

the townsmen were charged to their account, and they had to submit

patiently to their exactions; a letter from Edward the Fourth ordered

the town to release one of the Bowers who had been committed to prison

“for his inordinate demeaning,” and to go on paying him his wages like

other Bowers. (Hist. MSS. Com. xi. 3, 99.)

[548] The castle wall was not pulled down before the end of the

fifteenth century. Finally the castle hill itself, after its mound had

been lowered and planed, was crowned in 1818 with a Zion chapel on the

site of the Norman keep. (Davies, 76, 84.)

[549] Ibid. 81. For the inconvenience which a constable might cause to

the town if he wished, see p. 83.

[550] See for one example among many, Davies, 81.

[551] Davies, 216.

[552] Ibid. 79.

[553] In the last year of Henry the Sixth the master of one of the

King’s ships received from the Mayor £31 10_s._ 10_d._ In the first

year of Edward the Fourth he again paid for the victualling and custody

of the ship £68 5_s._ 10_d._ (Davies, 110, 113. Hist. MSS. Com. xi. 3,

pp. 85, 98.)

[554] Davies’ Southampton, 214. For sum in 1468 ibid. 72, 100.

[555] Davies, 62-3.

[556] Ibid. 105.

[557] With help from the king if necessary. (Davies, 80.) The town had

power to raise a tax on all goods carried in or out of the gates till

the wall was finished. (Davies, 60.)

[558] Davies, 80. Hist. MSS. Com. xi. 3, p. 61. So a hundred and fifty

years later Henry the Eighth forbade any citizen to leave Chester,

because “the city standeth open in the danger of enemies,” and

requireth all “for its safety and defence.” (Hist. MSS. Com. viii. 370.)

[559] Davies, 60, 61. Similar complaints were perpetually renewed in

the next century.

[560] Davies, 35. Southampton was constantly in arrears of its ferm.

Ibid. 34.

[561] Margaret of Anjou was allowed in 1445 a grant of £1,000 a year

from the great and little customs of the town, and the annuity of £100

which was confirmed to her in 1454 was not resumed by Parliament till

1464.

[562] Davies, 37.

[563] Hist. MSS. Com. xi. 3, 111, 112.

[564] Hist. MSS. Com. xi. 3, 112-13.

[565] English Chronicle, 1377-1461 (Camden Soc.), 90. Davies, 471-2.

[566] Davies, 111. Hist. MSS. Com. xi. 3, 16. See also 98-99.

[567] Davies, 111, 37. In 1462 arrears of the ferm were remitted, and

again in 1484 (Ib. 34). In 1463 a mayor of Southampton was deposed by

the King’s mandamus (Ibid. 168).

[568] Davies speaks of this John Ingoldsby who paid the debt as

afterwards apparently one of the Barons of the Exchequer (p. 38.) A

John Ingoldsby had been Recorder of Southampton from at least 1444 (p.

185) to at least 1459 (Hist. MSS. Com. xi. 3, 113) and very probably

later.

[569] Davies, 36. Hist. MSS. Com. xi. 3. 100.

[570] In 1486 the pension of £154 was paid to the Earl of Arundel as

constable of Dover Castle, part of it being given in kind. For other

trouble, see Hist. MSS. Com. xi. 3. 98.

[571] The outlay of the town in this year was £383 9_s._ 7_d._ (Hist.

MSS. Com. xi. 3. 141-2.)

[572] In this last case they were comforted by a promise of release for

ten years from payment of 140 marks from the rent of £200 which had

been assigned to Queen Joan, and by a grant to the corporation of the

right to hold land to the value of £100. (Hist. MSS. Com. xi. 3, 42-3.)

[573] The Southampton trade did in fact utterly fail before a century

was over. In 1530 its rent was reduced by £26 13_s._ _d._, and in 1552

the King ordered that when the customs at the port did not amount to

£200, and no ships called carracks of Genoa and galleys of Venice

should enter the port to load or unload, the town should not pay the

accustomed rent of £200, but only £50. To this day certificates are

still prepared every year on November 9th that no carracks of Genoa nor

galleys of Venice have arrived at the port. (Davies, 38-9. Hist. MSS.

Com. xi. 3, 49.)

[574] Unfortunately in the brief extracts from the Southampton records

which have been as yet published, references to municipal government

are so scanty that any sketch of it can only be drawn in faint and

uncertain outline. In the opinion of Dr. Gross the Merchant Guild was

originally a strictly private fraternity, and only became the dominant

burghal authority in the fourteenth century. (Gross, ii. 231.) I have

suggested here the idea of an earlier connexion; but the question needs

full examination.

[575] Davies’ Southampton, 163.

[576] Hist. MSS. Com. Report xi. Appendix 3. p. 43.

[577] Ibid. 44.

[578] Possibly in 1217, certainly in 1237. Davies, 170.

[579] Gross, ii. 220-5.

[580] Hist. MSS. Com. xi. 3, p. 57. See guild ordinances.

[581] Indenture in 1368 by mayor, four scavins, two bailiffs, the

steward, sixteen burgesses named, and the whole community. Ibid. p. 66.

[582] In 1240 the style used is simply “the burgesses.” Ibid. p. 7.

[583] Gross, ii. 214. Davies, 163.

[584] Hist. MSS. Com. xi. 3, pp. 40-2, 43, 46. Compare Nottingham.

[585] Davies, 154, 238.

[586] Hist. MSS. Com. xi. 3, p. 42.

[587] Hist. MSS. Com. xi. 3, p. 45.

[588] Ibid. pp. 46, 81, 84, 87, 106.

[589] Gross, ii. 222-5.

[590] In 1302 a lease of the ferm of the town to certain persons is

granted by consent of twenty-two men named, but without any mention of

their position, “and all the community of the town.” (Hist. MSS. Com.

xi. 3, 56.) Ordinances were made in 1349 by the mayor, aldermen, and

community. (Ibid. 9.)

[591] Gross, ii. 220, 223, 225.

[592] Gross, ii. 220-3.

[593] See the office assigned to the aldermen in 1504, Davies, 76. For

their dress, ibid. 235.

[594] Davies, 237-9. An ordinance was made in 1409 by the mayor,

aldermen, and burgesses, and a similar one in 1486 by the mayor,

aldermen, and burgesses in common assembly; and an ordinance in common

assembly in 1504. (Hist. MSS. Com. xi. 3, p. 11.)

[595] Davies, 155. It is possible that at this time the chief aldermen

were fashioned into a close body elected for life after the pattern of

London; at any rate soon after this we find them and their wives in the

orthodox scarlet robes with fur and velvet, in all points the same as

those of the mayor. 235.

[596] Davies, 63, 71-2, 125.

[597] Gross, ii. 225. Davies (p. 136) says that whenever the guild

became settled as the supreme authority, there entered at that period

an element of restriction alien from the more ancient government of

the towns; and traces to the guild the narrowing of common privileges

and subjection of the community to an exclusive system of local

administration. It is possible that wherever a guild merchant did

lay hold on a town government, as here, at Lynn, or at Coventry, the

tendency may always have been to intensify the existing tendencies to

the despotic rule of the richer citizens.

[598] Hist. MSS. Com. xi. 3, p. 7, 60, 61. Ordinances in 1368 and 1393,

9, 8; a concord in 1397, 74; lease of customs in 1390, 72; land in

1373, 1379, 69-70. For other instances see 1403, p. 76; 1410, 77; 1413,

79; 1421, 80; 1422, 80-1; 1433, 82; 1433, 44; 1439, 84; 1462, 85; 1466,

86; 1477, 87; 1482, 90; 1491, 90; 1494, 90-1; 1496, 91; 1507, 91.

[599] Hist. MSS. Com. xi. 3, p. 12, 91, 113.

[600] Hist. MSS. Com. xi. 3, 91, 107; Davies, 164. In Nottingham, as

in Southampton, we have an occasional indication that the burgesses

or common councillors, possibly under some fit of impatience at the

pretensions of the aldermen, had intermittent tendencies to side with

the people. In Southampton there was possibly at this time a certain

bond of sympathy, for seven years earlier, in 1452, the burgesses

complained that the aldermen had assumed the right of retaining, as

justices of the peace, fines which had always gone to them towards

the payment of the ferm; and their contention having been maintained

in Parliament, royal orders were sent to the aldermen to molest the

burgesses no more. Davies, 156.

[601] Davies, 164, 165.

[602] Hist. MSS. Com. xi. 3, p. 104. In 1617 two burgesses tried to

oppose the “private nomination,” but were called before the common

council and forced to submit. (Davies, 164, 165.)

[603] Hist. MSS. Com. xi. 3, 11.

[604] Ibid.

[605] Davies, 71-2.

[606] As early as 1254 an inquisition of boundaries had been held by

twenty-four lawful men. (Hist. MSS. Com. xi. 3, p. 7.)

[607] The same sense of insufficiency of the common to the increasing

number of burgesses seems to have been felt as at Nottingham. In the

next century a man was fined, because “being a bachelor and not keeping

house, he ought not to keep any cattle at all” on it.

[608] The hospital had made encroachments and put up fences in 1438,

which the then mayor had broken down (Davies, 52).

[609] Davies, 53.

[610] Ibid. 53. Hist. MSS. Com. xi. 3. p. 14, 91.

[611] Davies, 52.

[612] Davies, 57-8.

[613] Davies, 58-59.

[614] See, for 1549, Hist. MSS. Com. xi. 3, p. 14; for 1681, Davies,

52. The latest grant of the public land of Southampton was made on

Sept. 16th, 1892, by the Mayor and corporation for a graving dock—part

of the harbour improvements by which Southampton is to be restored to

its old supremacy on the southern coast and once more to give room in

its port to the largest steamers afloat. There was a far-away echo of

old world controversies in the assurance of the mayor to the people

that by this act of the corporation in giving the land at a nominal

consideration there was scarcely anybody in Southampton who would not

be benefited, and “not a soul in Southampton would be injured.”

[615] In the following century we find them making presentments at the

Court Leet about the mayor’s misdoings (Davies, 123).

[616] As the King’s servant orders were sent direct to him without

mention of the community. (Hist. MSS. Com. xi. 3, pp. 16, 103.)

[617] By admiralty law the sea was supposed to reach up to the first

bridge, and he therefore controlled the Itchen as far as Woodhill

and the Test as far as Red Bridge, and as admiral held his courts of

admiralty in the accustomed places on the sea-shore at Keyhaven, Lepe,

and Hamble. Davies, 237-40. Compare the mayor of Rochester (H. M. C.

ix. 287).

[618] See for example of one difficulty of this supervision, Davies,

475. For an illustration of his anxieties in the seizing of a carrack,

see Hist. MSS. Com. iii. 111.

[619] See _Louis XI. et les Villes_. Henri Sée.

[620] See pp. 447-8.

[621] Nottingham Records, ii. 34-6.

[622] Nottingham Records, ii. 222-238.

[623] Ibid. i. 269.

[624] Nottingham Records, iii. 412, 62, etc. 39.

[625] For lists of new burgesses admitted in the latter half of the

fifteenth and in the sixteenth century each paying 6_s._ 8_d._ and

in the great majority of cases giving the names of two burgesses as

pledges, see Ibid. ii. 303-305. In the fourteenth century only one

pledge was needed. Ibid. i. 286. At the end of the sixteenth century

strangers who were made freemen paid £10. Ibid. iv. 170-1.

[626] Ibid. ii. 102, 242; iii. 349-52.

[627] Ibid. ii. xi. xii.

[628] There is notice of the transfer of a coal mine in Cossal in 1348.

Ibid. i. 145

[629] Nottingham Records, ii. 147.

[630] Bekynton, i. 230.

[631] Nottingham Records, iii. 113.

[632] Ibid. ii. 142, 158, 166, 160; iii. 403, 445.

[633] Among the cases brought before the leet jury was that of a wager

as to whether the painter of the rood-loft had been paid or not.

(Records, iii. 143.)

[634] Ibid. ii. 178.

[635] Ibid. iii. 18, 20, 28, 83, 180, 499.

[636] Nottingham Records, ii. 284 _et sq._

[637] Ibid. ii. 389.

[638] See Ibid. iv. 259. Similar entries become very frequent.

[639] Nottingham Records, ii. 246, 248, 254, _et sq._; iii. 414, 416.

[640] Ibid. iii. 65, 68.

[641] Ibid. i. 120.

[642] In 1378 a commission was appointed to inquire into the

obstructions of the Trent. Nottingham Records, i. 198. Again in 1382

the King was moved by the “clamorous relation” of the men of Nottingham

and a royal proclamation was issued to forbid the raising of such

tolls; while a new commission was appointed in the following year,

1383, to prevent Richard Byron, lord of Colwick, from directing the

waters of the Trent to his own uses to the injury of Nottingham. (Ibid.

i. 225, 227, 413.) Sir John Babington, who owned considerable land in

Nottingham, seems to have quarrelled with the corporation about 1500.

They appealed to Sir Thomas Lovel for help, who answered that he had

written to him to demean himself as he ought to do until Lovel had

examined the case and decided on it. (Ibid. iii. 402.)

[643] In the fourteenth century there were nearly 70 churches in

Norwich.

[644] Ibid. iii. 362.

[645] Richard the Second seems to have handed it over to Anne of

Bohemia. (Nottingham Records, i. 226.) And under Edward the Fourth it

was granted to Elizabeth Woodville.

[646] Ibid. iii. 414, 416.

[647] One man was paid for cutting out the letters and another for

stitching them on the jackets. (Ibid. ii. 377.)

[648] Ibid. iii. 421.

[649] Ibid. ii. 331.

[650] Ibid. iii. 237.

[651] Nottingham Records, iii. 239, 245.

[652] In 1461 the chamberlains’ expenditure for the whole year came to

£124. Ibid. iii. 418. In 1486 they render account for £440 11_s._ 4_d._

Ibid. 266.

[653] Ibid. i. 1.

[654] Nottingham Records, i. 8.

[655] Ibid. i. 22, 24.

[656] Ibid. i. 40-46.

[657] Ibid. i. 56, 58, 124, 168. The wife’s dower differed in each.

Inheritance went by borough English in the English town; in the French

town it went to the eldest son. (Ibid. i. 186.) The jurors from the

eastern and western sides always remained distinct. (Ibid. ii. 322,

etc.; iii. 344.) By 1330 one of the boroughs had fallen into such

poverty that it could no longer find a bailiff, and leave was given by

charter to elect the bailiff from the inhabitants of any part of the

town that seemed best. (Ibid. i. 109.)

[658] Nottingham Records, i. 78-80.

[659] Ibid. ii. 2-10.

[660] Nottingham Records, ii. 186.

[661] The land was let for thirty years at the yearly rent of a rose,

and the corporation was to make enclosures of ditches and hedges. The

agreement was made by the mayor, sheriff, and aldermen, “with the

assent and consent of the entire community of the town.” Ibid. iii.

408-410.

[662] Ibid. i. 56.

[663] Nottingham Records, i. 363; ii. 362; iv. 43. It will be seen that

in this case the word community was sometimes used; the term varied no

doubt according to the exact body in which the right was vested that

formed the subject of the treaty, and this again might depend partly on

the date at which the right was acquired. Cf. the various styles used

in Calender of Letters of London Corporation, ed. by Dr. Sharpe.

[664] Some instances of this style follow. There is a mortgage of rent

of certain tolls by the “mayor and community,” 1315. Ibid. i. 84.

Settlement as to common pasture by “mayor, burgesses, and community,”

i. 150. Lease in 1390 by “mayor, chamberlains, and all the burgesses

with the assent and will of the entire community,” iii. 425. For

similar phrases in 1401 and 1416 iii. 425-6; ii. 106-8. In 1435, ii.

362. In 1443, ii. 408. In 1444, ii. 424. In 1451, iii. 408. In 1467,

ii. 269. In 1479 land bequeathed to “mayor, sheriffs, burgesses, and

men of Nottingham,” ii. 304-6, 307. For 1480, ii. 420. In 1482 an

agreement about the Retford tolls is settled by “the mayor and his

brethren and the commonalty of Nottingham,” iii. 427. There is an

extreme particularity in the phrase used in 1485, ii. 353. For a lease

of land in 1494, iii. 431. For 1504, iii. 325-6.

[665] We may compare this with the Council of Southampton; see pp.

308-11.

[666] In 1435 we read of the mayor, and nine, or possibly eleven,

burgesses named “and many other commons in the said hall,” (Nott. Rec.

ii. 362.) In 1443 there is something very like the council—the mayor,

four justices of the peace named, John Orgram and other “trustworthy

men” of the town, and the two chamberlains, who acted “with the assent

of the whole community of the town.” (Ibid. ii. 408.) For the fine see

ii. 424.

[667] Ibid. ii. 424.

[668] The editor of the Records, Mr. Stevenson, accepts this statement

of Gregory, and says that “The council had no existence prior to 1446,

and it was at first merely a committee appointed by the burgesses

for the management of the affairs of the town.” According to him the

townspeople were accustomed to assemble for the discussion of any

important business, and “this was the system of government in use

prior to the establishment of this committee in 1446.” (Nott. Rec. iv.

ix.) He believes further that “it was, no doubt, the abuses arising

from this system and the inconvenience of having to call a meeting of

the whole community for the consideration of every question connected

with the ruling of the town that caused the burgesses to choose the

committee of 1446.” (Ibid. xi.)

[669] Ibid. iv. xi.

[670] Nott. Rec. ii. 362, 425, 420. The right of the burgesses to ask

for the calling of a common hall is admitted in iii. 342.

[671] Ibid. ii. 186 _et sq._ There are passages in the charter which

seem to convey this impression. In 1465 Elizabeth Woodville confirms a

charter to “the mayor, sheriffs, burgesses, and men of the town,” by

whatsoever name they might be incorporated and known (ii. 255-7).

[672] Ibid. ii. 202-4. For boundaries of wards see iv. 174.

[673] Ibid. ii. 425; iv. xii. 2. The aldermen were still merged for

general business in the council, and appear only three times, possibly

acting as a kind of separate estate—once in 1450 when some land was

let by the mayor, sheriffs, chamberlains, aldermen, and the whole

community; once twenty years later, when in 1471 a complaint was

addressed to the King by the mayor, aldermen, and commonalty; and once

in 1504 when an ordinance was made by the mayor and aldermen to reduce

certain fines to be paid by them for neglect of financial duties, to

which they obtained the consent of councillors and commons. (Nott. Rec.

iii. 325; iii. 408; ii. 334.) In the first two cases the word may have

been used to denote the whole council.

[674] Ibid. iv. xii. xv.

[675] Nott. Rec. iv. xi. xii. xiv. xv. We have only records of the

completed changes in the middle of the sixteenth century, probably

because of the loss of documents. But in the time of Henry VII. the

distinction was already established between the mayor and his brethren

and the clothing (those who had served the office of chamberlain or

sheriff). iii. 449.

[676] Ibid. ii. 227.

[677] See p. 350. In an agreement made in 1500 between the mayor,

council and clothing the names of six inhabitants are included,

apparently unofficial, and possibly representatives of the commons.

(Nott. Rec. iii. 301.) The names set down for the election of the mayor

and officers for the next year are the mayor, recorder, six aldermen,

six common councillors, two sheriffs, the six (apparently) plain

burgesses mentioned in the last list, and twenty-four others of the

clothing. (Compare the lists ibid. iii. 301, 302.)

[678] For a list of the common property and common lands in 1435 see

Ibid. ii. 355-361; see also iii. 62-66; in 1351 iii. 366 _et sq._

[679] The importance to the burgesses of the common lands may be

illustrated by their argument in 1577 against admitting new burgesses

“for there is too many of them already; by making of them the poor

burgesses commons is eaten up, to the great hindrance of all.” At the

same time they insisted that if a burgess let out his part of the land

it should be to a burgess and not to a foreigner. (Nott. Rec. iv. 171,

172.)

[680] Ibid. iv. 282. “We present the new council for not setting the

town’s grounds to the true meaning of their new election, but hath

taken the best ground to the richest men, and let the poor men have

nothing that are ancienter burgesses. Also we find that the whole house

or the most of them overhipt (passed over) themselves as it came to

them by order of their names in the book while they were disposing of

Hartliff ground and the coppices, but now that the East Steaner and

other good closes come to be disposed of, they share them themselves,

and leaves poor men unserved that are both ancient and needful.” This

happened in 1606 when the council had got control of the land.

[681] Ibid. ii. 420. No doubt one of the grievances of the people

under a despotic administration was the being deprived of any adequate

control over the admission of new burgesses to share their lands.

Compare Ibid. iii. 459 etc. with the constant remonstrance of the

Mickletorn jury.

[682] The conflict of the sixteenth century lies really beyond our

period in point of time, but the complaints of the people and the

incidents of the fight throw much light on the working of municipal

government, even in earlier days.

[683] 1500, Nott. Rec. iii. 74, 76. The chamberlain concerned in this

business was John Rose.

[684] 1516, Nott. Rec. iii. 353. A very frequent charge against the

aldermen.

[685] Ibid. iii. 344.

[686] Ibid. iii. 300. The Mickletorn mentioned in 1308 was held in

the presence of the coroners and bailiffs, and presentments were made

by decennaries of the daily market, (i. 66, 68.) Seventeen jurors are

mentioned at the Mickletorn of 1395. (i. 268.) It is interesting to

compare the procedure at Coventry, as taken by Miss Dormer Harris from

the records. All petitions to be laid before the court were given in

to the mayor four days before the meeting of the Leet; and these were

inspected by twenty-four men summoned by the mayor. On the day of the

Leet these petitions, if satisfactory, received the assent of the

twenty-four jurats of the Leet.

[687] Nott. Rec. iii. 438.

[688] Ibid. iii. 338-40.

[689] As late as 1480 their right of assembly had been admitted, and at

least six of the commons had taken formal part in elections and other

business in 1500 and 1504.

[690] This Mr. Treasurer was Sir Thomas Lovel, Treasurer of the

Household, Constable of Nottingham Castle, Steward of Lenton monastery.

[691] Nott. Rec. iii. 341-2.

[692] Ibid. iii. 342-3.

[693] In September, 1514, John Rose, mayor, and the burgesses of the

town gave a licence to John Sye to enclose part of the common ground

for his use at a rent of 2_s._ a year. (Nott. Rec. iii. 125.) But in

February, 1515, when leave was given to the guardians of the free

school to enclose land express mention is made of the mayor, burgesses,

and community. (iii. 457.) The agreement in 1516 about the Lenton fair

was made between the convent and the mayor, sheriffs, burgesses, and

commonalty. (iii. 345.) See also 439-40.

[694] June 1513 to Dec. 1514. Again in 1520.

[695] Nottingham Records, iii. 342, 463.

[696] Ibid. iii. 423, 463-4.

[697] Ibid. iii. 357. He apparently neglected their entreaties. 358.

[698] Nott. Rec. iii. 359.

[699] Nott. Rec. iii. 358-60.

[700] Nottingham Records, iv. xiii. For a case in which this certainly

happened see p. 356. The same thing seems to have happened in 1504. A

law of 1442 had ordered that if the mayor and bailiffs did not render

up their accounts before leaving office they should be fined, £20

for the mayor, £10 for the bailiffs; in 1504 the mayor and aldermen

together issued a new ordinance reducing the fine to one half, an

ordinance which was assented to by three common councillors, while for

the commonalty appear the names of seventeen burgesses, of whom one was

certainly one of the sheriffs. (Ibid. ii. 424; iii. 325.)

[701] Nottingham Records, iv. pp. xiii. xxvii. xxviii. 100, 101, 1552.

[702] Ibid. iv. 106-8, 215 _et sq._

[703] Ibid. iii. 365; iv. 10.

[704] Ibid. iv. 106, 191, 223. The free school was left to the

guardianship of the mayor, aldermen, and common council, and if they

were negligent to the Lenton convent, now of course suppressed. (Ibid.

iii. 453 _et sq._)

[705] Nottingham Records, iv. 108.

[706] Ibid. iv. 238.

[707] Ibid. iv. 408-9. The burgesses seem to have twice at least

acted with the people against or apart from the aldermen—once in the

settlement about the town accounts in 1504 (iii. 325-6); and once in

the complaint drawn up by the Mickletorn jury in 1527 against the mayor

and aldermen (iii. 358-60.) The people may have hoped to strengthen

this element of resistance.

[708] Mr. Stevenson thinks that the Clothing about this date became

a portion of the council. Nottingham Records, iv. xiii. The other

explanation seems to me to meet difficulties which this leaves unsolved.

[709] Ibid. iv. 171, 172.

[710] Ibid. iv. 191.

[711] Nottingham Records, iv. 191.

[712] Ibid. iv. 214, 237-8.

[713] Ibid. iv. 245-8.

[714] Ibid. iv. 253.

[715] Ibid. iv. 262-3, 265. See 268, xvi.

[716] Ibid. iv. 269, 282.

[717] Ibid. 270. For the final settlement see iv. xvii.

[718] Hist. MSS. Com. ix. 300-305. Blomefield, xi. 300-342.

[719] Cromwell’s Colchester, 264-5.

[720] See Mr. Hudson’s admirable work on Leet Jurisdiction in Norwich.

(Selden Soc. vol. v.) For the four “vice-comites” of London see Round’s

Geoffrey de Mandeville, 363.

[721] Leet Jur. (Selden Soc.) v. p. xviii. lxii, xliii-li.; Hudson,

Mun. Org. in Norwich: Arch. Journ. xlvi. no. 184, 312, 316.

[722] According to Mr. Hudson the Norwich Leet Juries were solely

a “police” organization. They existed to make “presentments” which

involved a certain amount of previous keeping of the peace in their

own little neighbourhood. In their _individual_ capacity the capital

pledges were the precursors of the “petty constable” [see Selden Soc.

v. lxii. no. 1, and cf. pages there cited]; in their _collective_

capacity as juries they preceded the local “Justice of the Peace,” a

function usurped to a small extent between (say) 1360 and 1420 by the

“twenty-four citizens,” and afterwards wholly usurped by the “Court of

Aldermen,” who were the borough magistrates.

[723] Hudson, Leet Jur. in Norwich, lxxi., note.

[724] Ibid. xv. 1365. Arch. Journ. xlvi. no. 184, 322. In reference to

the election of bailiffs or the “twenty-four” the word “leet” means a

division of the city, not a court.

[725] Leet Jurisdiction in Norwich, xli.

[726] Besides the deed of 1290 (p. 367 n. 2) Mr. Hudson has kindly

sent me the following extracts. Saturday, Vigil of Palms, 27 Edward

I. 1298—John the carpenter and Alice his wife grant a messuage next

the gates of Nedham to “Ballivi, Cives, et Communitas Norwici” “ad

asiamentum muri civitatis erigendi.” (City Domesday, fol. lxxiii.) On

folio lxviii. of the same book there is a grant of a messuage near the

cathedral to the commonalty, 31 Edward, 1302, in the following form:

“to the four Bailiffs (named), Henry Clark, Robert de Holveston, ...

Adam de Blicling, citizens of the said city (15 persons), and all the

Commonalty thereof.”

[727] Norwich Town Close Evidences, printed privately, 1885. (British

Museum), 18.

[728] Arch. Journ. xlvi. no. 184, 322.

[729] They state in 1378 that this had already been the custom. (Town

Close Evidences, 30.)

[730] Arch. Journ. xlvi. No 183, 315.

[731] Town Close Evidences, 7. The phraze used in 1218 (p. 5), “men of

the city,” is not the same.

[732] Ibid. 7, 13, 17, 18, 25, 26, 30. Arch. Journ. xlvi. no. 184, 325.

See Note A at end of chapter.

[733] Town Close Evidences, 27.

[734] Ibid. 16, 18.

[735] Town Close Evidences, 10, 11, 17.

[736] Norwich Town Close Evidences, 14, 24, 27, 31, 32. The same form

was used even after the charter of 1403, in 1420 and 1435. (Ibid. 46.)

We find “the citizens” joined with “the commonalty” in the thirteenth

century. An enrolled deed of 1290, in which license to build a stall

in the market is granted by the “Communitas Norwici et cives ejusdam

civitatis,” is quoted by Mr. Hudson. (See Mun. Org., Arch. Journ.

xlvi. no. 184.) The double style used is, I think, explained by a

contention which occurred a century later, in 1379. “There was a

discussion whether the stalls in the meat-market ought to belong to the

commonalty or to the bailiffs. They are agreed that the said stalls

shall in future remain to the commonalty for ever, without challenge or

contradiction to the present bailiffs or the bailiffs in future.” (Town

Close Evidences, 31.) At that time a great reorganization of the market

was in progress (see Kirkpatrick’s “Streets and Lanes of Norwich,” App.

i. pp. 95, 96) with a view to getting as many stalls as possible into

the hands of the authorities. As the bailiffs had certain sources of

income allotted to them (they being personally responsible for the fee

ferm rent) they need not be blamed for trying to help themselves. On

the other hand the attempt shows how significant was the use of the

word “communitas” in the older deed (see p. 364 no. 1). I think it very

possible that property set apart for a definite public purpose was

held in the joint names of citizens and commonalty; but I am convinced

this last word was never used in a formal way, but always expressed a

tenure and control with which the “cives” or the twenty-four could not

interfere.

[737] Hudson, Leet Jur. in Norwich, xxxvi. lxxiii. 63. Selden Soc.

[738] Arch. Journ. xlvi. 316-17.

[739] Town Close Evidences, 16-17.

[740] Ibid. 29. Evidently this was a time of very active municipal

life. About 1372 the corporation seems to have begun copying out

carefully older legal documents, and this copying and re-writing went

on through the next century. The account-books which still exist began

to be kept in 1393. In 1378 the income of the city was £374 17 _s._

4_d._ Blomefield, iii. 103.

[741] Town Close Evidences, 30.

[742] Mr. Hudson informs me that there are rolls (more or less perfect)

for about half the years between 1365 and 1385. Then they fail till

1413, when the constitution of the assembly had been entirely altered.

[743] I have to thank Mr. Hudson for his kindness in giving me this

information. He tells me that an assembly on October 7th, 1372, is

thus described: “Prima congregatio ibidem tenta die Jovis, &c. ...

quatuor Ballivis (eleven persons specially named) et aliis de com’tate

presentibus.” This is the constant form in use, whenever the attendance

is recorded, down to the last of these rolls in 1385. The number

of persons specially named varies from eleven to seventeen. Their

similarity in the course of each year suggests that they were specially

bound to attend. In two years 1377-8 and 1379-80 the attendances are

recorded several times, and, as in the first case the total number of

persons named is twenty-five and in the other twenty-four, it seems

reasonably certain that they were the actual twenty-four. This is

confirmed by the fact that almost all the “committee,” as they would

now be called, are appointed from their number and almost the whole

burden of administration is undertaken by one or other of them in

conjunction with the bailiffs.

[744] Citizens left legacies to help in these expenses. Not only was

£1,000 lent to the King, but heavy bribes had to be paid all round.

Blomefield, iii. 120.

[745] Town Close Evidences, 36. In considering the new style two views

present themselves. We may lay the whole stress on the association

of mayor and sheriffs instead of bailiffs with “the citizens and

commonalty”; or, as I incline to think, we may also attach importance

to the formal association in a charter of “citizens” and “commonalty,”

as marking an epoch in the civic history.

[746] Mr. Hudson has been good enough to give me these dates and facts,

in which he has been able to correct Blomefield’s statements, from

evidence in the Norwich Conveyance Rolls, etc.

[747] Blomefield, iii. 123-124. Hudson, Mun. Org., Arch. Journ. xlvi.

no. 184, 299.

[748] Town Close Evidences, 37-43.

[749] In 1354 it was ordered that London aldermen should not be elected

yearly but hold office for life. (Stow’s London, 189.) A common council

appears as early as 1273; and again in 1347. It was then chosen by the

mayor, aldermen, and representatives from the wards. At the end of

Edward’s reign the election was transferred to the trading companies,

but restored to the wards in 1384; to be given back to the companies

by Edward the Fourth in 1467; and restored to the wards in 1650.

(Merewether and Stephens, 734-5, 1988-1992.)

[750] All that had been mayors were to ride in their cloaks whenever

the mayor rode on pain of £20, each of the twenty-four on pain of

100_s._ The hat of the mayor cost in 1418 2_s._ 10_d._, in 1437 10_s._

2_d._ (Rogers’ Agric. and Prices, iv. 579.)

[751] Town Close Evidences, 40-1.

[752] Conesford elected twelve councillors, Mancroft sixteen, Wymer

twenty, and the Ward over the Water twelve.

[753] The Speaker of the House of Commons is first mentioned in 1378.

[754] Town Close Evidences, 39, 40, 41.

[755] Town Close Evidences, 41, 42.

[756] Ibid. 45.

[757] Blomefield, iii. 134.

[758] Town Close Evidences, 41.

[759] Ibid. 45.

[760] In 1423 when the mayor and other judges sat in the city there

appeared before them two coroners, 16 constables for the four wards,

the constables for the liberties of Holmestrete and Spitelond, with the

bailiff of the prior’s liberties in those places, and four men out of

each ward possibly for jurymen. In 1424 a tripartite indenture was made

by the mayor, aldermen, and commons, with constitutions for the better

government of the city, and was ratified at a common assembly in the

guild hall. (Blomefield, iii. 136-139.)

[761] Leet Jur. in Norwich, xx. lxxvi. lxxx.

[762] Leet Jurisdiction, lxxx.

[763] Arch. Journ. xlvi. no. 184, p. 326-7. Leet Jur. lxxxix. Before

the end of the thirteenth century there were guilds of cobblers,

fullers, saddlers, tanners. (Ibid. 13, 39, 42, 43.)

[764] In the list given in English Guilds there is one guild founded

in 1307 and ten (or eleven, if we count the masons’ guild on p. 39)

founded between 1350 and 1385, some of them craft guilds, others

nominally social or religious associations, though it is very probable

that in many cases this was but a thin disguise for a craft guild.

English Guilds, 14, etc.

[765] See saddlers’ guild, which had existed a century before.

[766] The composition of 1415 decided that each craft in the city was

yearly to choose two masters, whose names were to be presented for

the mayor’s consent, and who were to take their oaths before him. The

Monday after the mayor’s “riding” these masters were to make good and

true search in their crafts and to present all offenders before the

mayor for judgement; and half the fines were given to the sheriffs,

half to the masters of the crafts. The mayor had to accept the

presentment of the “masters”; he could not make search either himself

or by any of the town officers; only if a craft refused to be searched

or to elect masters the mayor might himself appoint two masters and

order the search. If the masters concealed any notable default they

were to be punished by the advice of the mayor and more sufficient men

of the same craft. (Town Close Evidences, 41, 42.)

[767] On being enrolled each man must pay to the craft 40 pence, and to

the chamber at least 20_s._ and “more after the quantity of his good.”

(Town Close Evidences, 42.) The profits of admission to the freedom of

the city had in old times gone half to the bailiffs and half to the

community, but now the craft claimed a definite share of the entrance

money. (Arch. Journ. xlvi. no. 184, p. 328.) By the composition six men

were to be chosen “to be of counsel with the chamberlains in receiving

of burgesses.”

[768] Town Close Evidences, 42-3.

[769] Hist. MSS. Com. i. 104.

[770] English Guilds, 443-4.

[771] Lambert’s Guild Life, 108. English Guilds, 443-60.

[772] 1/2_d._ was paid for each piece sealed. The right was leased

to two citizens at 20 marks rent. Blomefield, iii. 125. By the law

of 1442 the weavers were to choose every year four wardens from the

craftsmen of the town, who should in their turn choose two inspectors

or overseers for the stuff out of Norfolk. The wardens tested the

faulty goods and received half of any forfeited stuffs. The law of 1445

ordered them to choose four wardens for Norwich and four for Norfolk,

and directed the wardens to make such laws as were needful for the

improvement of the trade. (20 Henry VI. cap. 10; 23 Henry VI. cap. 3; 7

Edward IV. cap. 1.)

[773] See Paston Letters.

[774] Not only were there disputes with the prior of Norwich, but with

the Hospital of S. Paul (Town Close Evidences, 7-8); the prioress of

Carrow (Blomefield, iii. 64, 147); the abbot of Holme (ibid. 153-4);

the abbot of Wendling (ibid. 147).

[775] “For the people here is loth to complain till they hear tidings

of a good sheriff.” (Paston Letters, i. 166.)

[776] The mayor and citizens were able if necessary to have in harness

from two to five hundred men of the town. (Ibid. ii. 414.)

[777] Blomefield, iii. 144-155.

[778] In 1444. Blomefield, iii. 151, 152. The courts were held in

the tolbooth, but the assemblies of the commons still gathered in

the chapel of the Virgin Mary in the Fields. (Ibid. 92.) Most of the

city business was done there as late as 1455. (Ibid. 160.) It appears

that the citizens frequently availed themselves of other people’s

accommodation (the Priory, Black Friars, Grey Friars) rather than spend

money in providing it for themselves.

[779] Ibid. iii. 153.

[780] William Paston was one of the commissioners. (Blomefield, iii.

148.)

[781] Ibid. iii. 144-6.

[782] Proceedings of Privy Council, v. 17-19.

[783] Blomefield, iii. 146-7, 153.

[784] Proceedings of Privy Council, v. 34, 45.

[785] Blomefield, iii. 147. New arrangements were made about the

payments of the sheriffs by raising regular taxes; the sword-bearer and

the three serjeants for the maces were given their offices for life.

[786] Blomefield, iii. 147-149.

[787] The bishop was on the side of the anti-popular party. At his

death he left to John Heydon the cup he daily used of silver gilt with

the cover. (Ibid. iii. 538.)

[788] Hist. MSS. Com. i. 103.

[789] Charges that the mayor had sealed with the common seal measures

bigger than the standard measures for certain favoured citizens, and

that the people were forced to sell to them by these measures; that he

had made an evil use of the Pye-powder Court, using its summary and

autocratic procedure to imprison many men wrongly and tyrannically (one

John Wetherby had been imprisoned); and that he sustained an illegal

guild in the city called Le Bachery. In 1477 a statute was made that

the Pye-powder Court could only deal with contracts or bargains made

during the fair. (Blomefield, iii. 169.)

[790] Ibid. iii. 149-50, 154-5.

[791] Ibid. 147, 152.

[792] He left £40 to Norwich towards payment of the city tax.

(Blomefield, iii. 534.) The city, however, asked in vain for the money

in 1454 and again in 1460. (159.) Walter Lyhert, made bishop in 1446,

was of an old Norwich family. An ancestor of his had been citizen in

1261. (Ibid. iii. 535-6.)

[793] Ibid. iii. 156.

[794] Paston Letters, i. 151, 156, 158.

[795] Ibid. i. 151.

[796] Ibid. i. 123, 183-4, 199-200, 206, 211-2, 225.

[797] In 1460 Heydon left Norfolk for Berkshire. (Paston Letters, i.

cxlii.)

[798] In 1456 the common stock was so much wasted that several of the

aldermen remitted debts to the city. (Blomefield, iii. 160.) And even

the guild of S. George was scarcely able to pay its way. (Hist. MSS.

Com. i. 104.)

[799] All ex-mayors were allowed to be justices of the peace. Four of

the justices of the peace were to have the powers of King’s justices,

and the aldermen were allowed to elect the under sheriffs, town clerks,

and sheriffs’ bailiffs. (Blomefield, iii. 158.)

[800] Hist. MSS. Com. i. 104. In 1452 it was ordered that no brother

should wear a red gown save the alderman of the guild or any of the

twenty-four aldermen of the city.

[801] The first attempt at a settlement was in 1205 about the rights of

common of the townspeople. (Town Close Evidences, 4-5.)

[802] Town Close Evidences, 52-64.

[803] Vol. I. p. 221.

[804] Dr. Gross, taking the Trinity guild of Lynn as “a continuation of

the old guild merchant,” speaks of its “line of developement” into a

“simple, social-religious fraternity” (i. 161); and notes that “though

the ancient function of the guild had disappeared, its social-religious

successor was a quasi-official part of the civic polity” (p. 162). He

does not, however, enable us to trace any such “developement,” or to

distinguish “ancient functions” from later ones. From our first glimpse

of the guild in the charters of John and Henry the Third to the patent

of Henry the Fifth it seems to be singularly free from change, nor is

any evidence produced during these centuries for its “transformation

into a simple social-religious guild.” In the case of Southampton Dr.

Gross sees a developement of an exactly opposite kind (ii. 231).

[805] For a most interesting account of the Lynn cattle and sheep

trade, and the Kipton Ash market, set up in 1306, for drafting off the

sheep flocks, see Dr. Jessopp’s paper in the Nineteenth Century, June,

1892, on “A Fourteenth Century Parson.”

[806] Cunningham, Growth of English Industry and Commerce, 183.

[807] The guild did not include all the town traders (Gross, ii.

166-7), and probably tended to become an exclusive body since it could

keep out all save the sons of its members by charging whatever entrance

fees it liked (p. 164).

[808] Hist. MSS. Com. xi. 3, p. 210-11.

[809] Blomefield, viii. 515. Gross, ii. 159-170. The guild of Corpus

Christi paid in 1400 103_s._ 2_d._ for meat and drinks and spices for

its feast, and 169_s._ for making wax torches; and the beginning of the

century was marked by the foundation of at least three other guilds,

with right to hold land and buildings.

[810] Gross, ii. 166-7.

[811] Gross, ii. 166.

[812] A charter of 1305 secured its possession of certain property.

The charter of 1393 was probably connected with the extension of the

statute of mortmain to towns. (Hist. MSS. Com. xi. 3, 186, 191.)

[813] Hist. MSS. Com. xi. 3, p. 211. Gross, ii. 153. The best

mill-stones in those days came from Paris, or from Andernach on the

Rhine. A good mill-stone might cost from £3 to £4. (Rogers’ Work and

Wages, i. 113.)

[814] Even from the thirteenth century. (Gross, ii. 153.)

[815] Gross, ii. 159.

[816] Hist. MSS. Com. xi. 3, pp. 225-231.

[817] Gross, ii. 158, etc. 168.

[818] Compare this with Southampton, where the alderman was himself

mayor.

[819] Gross, ii. 155-156.

[820] Hist. MSS. Com. xi. 3, p. 194.

[821] Hist. MSS. Com. xi. 3, 195-6. Beloe, Our Borough, p. 19.

[822] Beloe, Our Borough, 15.

[823] Hist. MSS. Com. xi. 3, 196.

[824] In 1345 the king called out a hundred men of the most vigorous to

go to Gascony. (Ibid. 189.)

[825] See Vol. I. 291-2.

[826] Hist. MSS. Com. xi. 3, 218-223.

[827] Ibid. 158-9.

[828] Ibid. p. 229.

[829] Ibid. xi. 3, p. 224.

[830] Cf. for comparison and contrast the custom of Dinant after 1348.

(Ville de Dinant. Pirenne, 45-6, 49-50.)

[831] Hist. MSS. Com. xi. 3, 191-4.

[832] Mr. Beloe says that the ruling class resisted, and instituted

a costly suit to get a decree under the great seal setting aside the

award, but he gives no particulars. (Our Borough, 17.)

[833] Hist. MSS. Com. xi. 3, 197, 200.

[834] Either officer convicted of false dealing was to lose his office

and franchise for ever.

[835] The four chamberlains or treasurers were then to be chosen

from the body of burgesses, two by the mayor and jurats, two by the

burgesses. But, unlike Norwich, where the council and commons divided

the remaining elections between them, in Lynn the only appointment

left to the community besides the two chamberlains was the prolocutor.

Coroners and constables were nominated by the people, and elected

by the jurats, and the other officers, the common clerk, serjeant,

janitors, bell-man and wait, taken from the general community both of

burgesses and non-burgesses, were directly appointed by the mayor and

jurats.

[836] Hist. MSS. Com. xi. 3, 196-202. There were “constabularies” which

corresponded to wards, over which a captain was appointed in time of

war or danger. (Hist. MSS. Com. xi. 3, 167.)

[837] Beloe, Our Borough, 16.

[838] Hist. MSS. Com. xi. 3, 191-4.

[839] Beloe, 17, 18. Gross, ii. 170.

[840] Ibid.

[841] Hist. MSS. Com. xi. 3, 195, 203.

[842] Instances of the important place held by the alderman in matters

of town government in 1420. (Ibid. 246, and in 1431-42, p. 162-4.)

[843] In 1426 the alderman of the guild chose four fit persons who

took the accustomed oath and entered the chamber; they chose four

others, who, after being sworn, were brought into the chamber, and the

eight then added to their number four more. The whole body of twelve,

after sitting from the tenth to the third hour, were finally divided

as to the election of the serjeant who had in some way offended the

community, and at whose name a “great murmur now arose amongst the

people” waiting outside. He was, however, chosen after asking pardon of

the mayor and community for his offence. (Ibid. 160.) In 1477 another

election is described, which was carried on in exactly the same way.

(Ibid. 169.) And in 1470, when a constable had to be elected there was

the same procedure.

[844] Beloe, 21.

[845] Hist. MSS. Com. xi. 3, 245, 246.

[846] The gradual change in the mode of electing burgesses for

parliament illustrates the action of the councils in absorbing

influence. In 1314 the jury to elect the burgesses had been chosen by

a committee of twenty-six townsmen. But at least from 1425 the mayor

assumed the right of choosing the first four of the jury, who then

named the remaining eight. In 1433, if not earlier, the mayor was bound

to select two of the twenty-four and two of the twenty-seven, and the

added eight members were all taken from the same bodies; and in 1442

this custom was made into a permanent law. (Hist. MSS. Com. xi. 3.

240, 157-8, 163-4, 166-9.) About 1523 the burgesses were chosen by

the twenty-four and twenty-seven voting personally in assembly; this

assembly, called the “House,” carried on all dealings with members,

instructed them, paid them, and received their reports. The first

effort of the burgesses at large to take any part in election was at

the Long Parliament. (Ibid. pp. 148-9.)

[847] 1427, Ibid. 160; 1428, p. 161; 1441, p. 163-4; 1442, p. 164;

1466, p. 168. Cf. also p. 148.

[848] Hist. MSS. Com. xi. 3, 162.

[849] Ibid. 246.

[850] Ibid. 170.

[851] Hist. MSS. Com. xi. 3, 163.

[852] Ibid. 158-9, 161.

[853] Ibid. 167.

[854] Ibid. 168. The use of the word communitas in 1463 is here

explained as showing how the term had “already lost its original

meaning and was used to designate the humblest and least influential

class of the burgesses.” But community was used in exactly this sense

in 1305. (Ibid. 187.)

[855] For some details of the seventy-five guilds of Lynn see the

Norfolk Antiquarian Miscellany, edited by Walter Rye, Part I., pp.

153-183.

[856] Lyon’s Dover, I. xi.; ii. 267-8, 287, 312, 370.

[857] In Dover the common assembly summoned in the same way was called

a Hornblowing. (Boy’s Sandwich, 797.)

[858] Ibid. 538.

[859] Ibid. 783-4. In 1565 291 households were English and 129

Walloons. But there were many foreigners in Sandwich at a far earlier

time.

[860] In 1466 and 1492. Boys’ Sandwich, 675, 679.

[861] Ibid. 787.

[862] Ibid. 673-6. In 1469 the commons of Sandwich at a Shepway court

desire that the mayor may be kept in safe custody for such charges as

they will allege against him. (Ibid. 676.)

[863] Boys’ Sandwich, 677.

[864] Lyon’s Dover, i. 206-7.

[865] Boys’ Sandwich, 683.

[866] At the same time the jurats, who as late as 1492 need only

have lived a year in the town, “he and his wife together,” must now

have been there at least three years. (Ibid. 679-701.) Jurats were

ultimately chosen or nominated by the mayor in Dover and in Winchelsea.

(Lyon, ii. 268, 371.)

[867] Boys, 686.

[868] Skelton’s Poems. Ed. Dyce, 381-2.

[869] Green’s History of the English People, i. 211-225.

[870] See p. 238. Mr. Maitland’s Archaic Communities (Law Quarterly),

47.

[871] Brinklow’s Papers (Early Eng. Text Soc.) illustrate the

uncompromising ideas of radical reform fostered in towns.

[872] Bishop Creighton’s Wolsey, 51, 59.

[873] Skelton’s Poems. Ed. Dyce, i. 386.

[874] See Vol. I. Ch. VII.

[875]

“He rules his commonalty With all benignity, His noble baronage He

putteth them in courage To exploit deeds of arms.... Wherever he rides

or goes His subjects he doth support, Maintain them with comfort Of his

most princely port.”

Skelton, ii. 81-2.

[876] Vol. I. p. 26, n. 5.

[877] “And then they (princes) daub over their oppression with a

submissive, flattering carriage, that they may so far insinuate into

the affections of the vulgar, as they may not tumult nor rebel, but

patiently crouch to burdens and exactions.” (Erasmus, Praise of Folly,

tr.), 151.

TRANSCRIBER’S NOTE:

—Obvious print and punctuation errors were corrected.

Town Life in the Fifteenth Century, Volume 2 (of 2) · 第 19 / 19 章