TOWNS AND GILDS
1. Payments made to the crown by gilds in the twelfth century,
1179-80--2. Charter of liberties to the borough of Tewkesbury,
1314--3. Charter of liberties to the borough of Gloucester, 1227--4.
Dispute between towns touching the payment of toll, 1222--5. Dispute
with a lord touching a gild merchant, 1223-4--6. The affiliation of
boroughs, 1227--7. Bondman received in a borough, 1237-8--8. An
intermunicipal agreement in respect of toll, 1239--9. Enforcement of
charter granting freedom from toll, 1416--10. Licence for an alien to
be of the gild merchant of London, 1252--11. Dispute between a gild
merchant and an abbot, 1304--12. Complaints of the men of Leicester
against the lord, 1322--13. Grant of pavage to the lord of a town,
1328--14. Misappropriation of the tolls levied for pavage, 1336--15.
Ordinances of the White Tawyers of London, 1346--16. Dispute between
Masters and Journeymen, 1396--17. Ordinances of the Dyers of Bristol,
1407--18. Incorporation of the Haberdashers of London, 1448--19.
Indenture of Apprenticeship, 1459--20. A runaway apprentice, _c._
1425--21. Incorporation of a gild for religious and charitable uses,
1447.
The origin and early development of towns, the emergence of gild
merchant and craft gild, the mutual relationship of the two types of
gild, and the part played by each in the evolution of municipal
self-government, present problems to which there is no simple solution.
The undoubtedly military object of many of the Saxon boroughs fails to
explain their economic development; while the possession of a market did
not lead of necessity to self-government. Often, indeed, there is little
economic difference between a large manor and a small town; the towns
pursued agriculture, and the manors engaged in industry. None the less
the early borough, with its court co-ordinate with the hundred court,
its special peace, and its market, stands out at the time of the
Conquest as a distinct variety of _communitas_, and easily became a
centre of specialised industry and privileged association.
Constitutional and economic growth proceed side by side; a measure of
liberty encourages commercial progress, and the profits of trade
purchase a larger measure of liberty.
In this section an attempt has been made to illustrate the gradual
expansion of the economic life of the town from the twelfth century
onwards. The twelfth and thirteenth centuries witnessed a great and
growing activity; craft gilds and gilds merchant were arising
everywhere, and whether licensed or unlicensed, were paying considerable
sums to the crown for privileges bought or usurped, (No. 1). The more
important boroughs were securing charters from their lords (Nos. 2 and
3), while smaller towns were struggling to win economic freedom, that is
to say, local monopoly, against serious obstacles (No. 5). The fate of a
town depended much on the lord; the king's boroughs were more favoured
than those of an earl or lesser baron, while the latter fared better
than towns in the hands of a prelate (Nos. 11 and 12). The exaction of
tolls and the claim to exemption from tolls, which prove the existence
of considerable intermunicipal trade, were a common cause of litigation.
The grant of incompatible privileges to rival communities was a source
of profit to the mediæval monarchy; the crown secured payment in hand
for the charters, and reaped the benefit of the inevitable dispute that
followed (Nos. 4 and 8). The growth of intercourse is further shown by
that curious feature of early borough development, the affiliation of
distinct groups of towns (No. 6). Nos. 7 and 10 illustrate the coveted
privileges of the freedom of a city or borough, and No. 9 the machinery
by which a citizen protected himself if his liberty were infringed in
another town. The character of tolls imposed by a town for municipal
purposes and the possibility of corrupt collectors are shown in Nos. 13
and 14. The specialisation of industry is naturally followed by a
differentiation of function, a process which develops normally in the
fourteenth century and attains a certain rigidity in the fifteenth.
Crafts begin to close their ranks, to lay down elaborate rules of
membership, of the conduct of business and the methods of manufacture,
to secure incorporation, and to strengthen their hands by establishing
disciplinary precedents in relation to the journeymen and apprentices.
The competition of the unskilled outsider is suppressed and
apprenticeship insisted on (Nos. 15 and 17), the journeyman is
restrained (No. 16), and the crafts establish a wide control over the
conditions of labour (No. 18). No. 19 is a characteristic indenture of
apprenticeship; No. 20 illustrates the tendency to invoke the central
authority, which grows in force during the fifteenth century and
culminates in the direct control exercised by the Chancellor over gild
ordinances in the sixteenth century; while No. 21 is an example of the
social religious gild, which was one of the mediæval methods of
anticipating the poor law.
AUTHORITIES
The principal modern writers dealing with the subject of this section
are:--Madox, _Firma Burgi_; Maitland, _Township and Burgh_;
Merewether & Stephens, _History of the Boroughs_; Ballard, _British
Borough Charters_; Bateson, _Borough Customs_(Selden Society); Gross,
_The Gild Merchant_; Gross, _The Affiliation of Boroughs_ (Antiquary,
XII.); Drinkwater, _Merchant Gild of Shrewsbury_(Salop Archæol.
Transactions, N.S. II.); Unwin, _The Gilds and Companies of London_;
Unwin, _Industrial Organisation in the sixteenth and seventeenth
centuries_; Green, _Town Life in the Fifteenth Century_; Toulmin
Smith, _English Gilds_ (Early English Text Society); Davies, _History
of Southampton_; Hibbert, _Influence and Development of English
Gilds_; Hudson, _Leet Jurisdiction in the City of Norwich_; Leonard,
_Early History of English Poor Law Relief_; Denton, _England in the
Fifteenth Century_.
For contemporary records the student may be referred to the
following:--Riley, _Memorials of London and London Life_; Riley,
_Liber Albus_; Sharpe, _Calendars of Letter Books_; Stevenson,
_Records of the Borough of Nottingham_; Bateson, _Records of the
Borough of Leicester_; _Court Leet of the City of Norwich_ (Selden
Society); Bickley, _The Little Red Book of Bristol_; _Rotuli
Cartarum_(Record Commission); and the _Calendars of Patent, Close and
Charter Rolls_(Record Office Publications).
1. PAYMENTS MADE TO THE CROWN BY GILDS IN THE TWELFTH CENTURY [_Pipe
Roll, 26 Henry II_], 1179-80.
The weavers of Oxford render account of 6l. for their gild. They have
delivered it into the treasury.
And they are quit.
The corvesers of Oxford render account of 15s. for an ounce of gold for
their gild. They have delivered it into the treasury.
And they are quit.
The weavers of Huntingdon render account of 40s. for their gild. They
have delivered it into the treasury.
And they are quit.
The weavers of Lincoln render account of 6l. for their gild. They have
delivered it into the treasury.
And they are quit.
The weavers of York render account of 10l. for their gild. They have
delivered it into the treasury.
And they are quit.
The same sheriff [of York] renders account of 2 marks from the gild of
glovers and curriers. In the treasury is 1 mark.
And they owe 1 mark.
The same sheriff renders account of 20s. from the gild of saddlers for
[customs which they exact unjustly]. In the treasury is 10s.
And it owes 10s.
The same sheriff renders account ... of 1 mark from the gild of hosiers
by way of mercy ...
And he is quit.
The citizens of Exeter render account of 40l. for the fine of a plea
touching gilds. In the treasury are 20l.
And they owe 20l.
The same sheriff [of Devon] renders account ... of 1 mark from the
borough of Barnstaple for a gild without warrant....
And he is quit.
The burgesses of Bodmin render account of 100s. for their false
statement and for their gild without warrant. In the treasury are 50s.
And they owe 50s.
The same sheriff [of Cornwall] renders account ... of 3 marks from the
burgesses of Launceston for their gild without warrant....
And he is quit.
The same sheriff [of Dorset and Somerset] renders account of 6 marks
from the borough of Wareham for a gild without warrant. In the treasury
are 3 marks.
And it owes 3 marks.
The same sheriff renders account ... of 3 marks from the borough of
Dorchester for a gild without warrant. And of 2 marks from the borough
of Bridport for the same....
And he is quit.
The same sheriff renders account ... of 20s. from Axbridge for a gild
without warrant. And of 1/2 mark from Langport for the same.... And he
is quit.
The burgesses of Ilchester [render account of] 20s. for a gild without
warrant.
The weavers of Winchester render account of 2 marks of gold for their
gild. In the treasury are 12l. for 2 marks of gold.
And they are quit.
The fullers of Winchester render account of 6l. for their gild. They
have delivered it into the treasury.
And they are quit.
The weavers of Nottingham render account of 40s. for their gild. They
have delivered it into the treasury.
And they are quit.
The weavers of London render account of 12l. for their gild. They have
delivered it into the treasury.
And they are quit.
Amercements of Adulterine Gilds in the City of London.
The gild whereof Goscelin is alderman owes 30 marks.
The gild of pepperers whereof Edward is alderman owes 16 marks.
The gild of St. Lazarus whereof Ralph le Barre is alderman owes 25
marks.
The gild of goldsmiths whereof Ralph Flael is alderman owes 45 marks.
The gild of Bridge whereof Ailwin Finke is alderman owes 15 marks.
The gild of Bridge whereof Robert de Bosco is alderman owes 10 marks.
The gild of Haliwell whereof Henry son of Godric is alderman owes 20s.
The gild of Bridge whereof Walter the Cooper is alderman owes 1 mark.
The gild of strangers (_pelegrinorum_) whereof Warner le Turnur is
alderman owes 40s.
The gild of butchers whereof William Lafeite is alderman owes 1 mark.
The gild of clothworkers whereof John Maurus is alderman owes 1 mark.
The gild whereof Odo the Watchman is alderman owes 1 mark.
The gild of Bridge whereof Thomas the Cook is alderman owes 1 mark.
The gild whereof Robert Rochefolet is alderman owes 1 mark.
The gild whereof Hugh Leo is alderman owes 1/2 mark.
The gild whereof William de Haverhill is alderman owes 10 marks.
The gild whereof Thedric Feltrarius is alderman owes 2 marks.
The gild of Bridge whereof Peter son of Alan was alderman owes 15 marks.
The gild whereof John the White is alderman owes 1 mark.
2. CHARTER OF LIBERTIES TO THE BOROUGH OF TEWKESBURY [_Charter Roll, 11
Edward III, m. 10, No.21_], 1314.
Gilbert de Clare, earl of Gloucester and Hertford, to all whom the
present letters shall come, greeting. Whereas William and Robert,
sometime earls of Gloucester and Hertford,[152] our progenitors, of
famous memory, formerly granted and confirmed in turn for them and their
heirs by their charters to their burgesses of Tewkesbury and their heirs
and successors the liberties below written:
First, that the burgesses of the borough aforesaid should have and hold
their burgages in the borough aforesaid by free service, to wit, each of
them holding one burgage should have and hold it by the service of 12d.
a year to be rendered to the same earls, and if holding more should have
and hold each of them by the service of 12d. a year together with the
service of doing suit to the court of the same earls of the borough
aforesaid from three weeks to three weeks, for all service, so that
after the decease of any of the burgesses aforesaid, his heir or heirs
should enter the burgage or burgages aforesaid, of what age soever he or
they should be, to hold the same quit of relief or heriot.
And to the same burgesses, each of them, that they might sell, pledge or
loan to other burgesses their burgage or burgages aforesaid which they
had in the same borough by purchase, at their will, without any ransom
to be made, so that those burgesses to whom such burgages were sold,
pledged or loaned, should show the charters or writings which they had
thereof before the steward of the aforesaid earls in the court of the
borough.
And if any of them should hold half a burgage, he should hold it with
the same liberty with which tenants of a whole burgage should hold and
have the same, according to the quantity of his burgage.
And that no burgess of the borough aforesaid should by reason of a
burgage or half a burgage be in any wise tallaged or make ransom of
blood or be disturbed by reason of the sale of his horse, ox or other
his chattels whatsoever, but each of them should employ his merchandise
without challenge.
And to the same burgesses, that they might make their wills and lawfully
in their wills bequeath at their pleasure their chattels and burgages
which they should hold by purchase.
And if it should happen that any of them were impoverished whereby he
must sell his burgage, he should first seek from his next hereditary
successor before his neighbours three times his necessaries in food and
clothing for the poverty of his estate, and if he should refuse to do it
for him, it should be lawful for him to sell his burgage at his will for
ever without challenge.
And to the same burgesses, that they might make bread for sale in their
own oven or that of another, and ale for sale in their own brewhouse or
that of another, save that they should keep the royal assize.
And that they might make ovens, drying-houses, hand mills without
hindrance of the earls aforesaid or their bailiffs whomsoever.
And that none of them should come without the borough aforesaid by any
summons to the hundred of the same earls of the honour of Gloucester in
the county aforesaid by reason of their burgages aforesaid.
And if a foreigner, who should not be a burgess nor the son of a
burgess, should buy a burgage or half a burgage in the same borough, he
should come to the court of the borough aforesaid next following and
make his fine for entry and do fealty.
And that all burgesses who should hold a burgage or half a burgage and
should sell bread and ale should come once at the Lawday yearly at the
Hockday and there be amerced for breach of the assize, if they ought to
be amerced, by the presentment of twelve men; so that each burgess
should answer for his household (_manupastu_), sons and tenants, unless
they should have been attached for any trespass to answer at the day
aforesaid.
And to the same burgesses, that they should be quit of toll and of
custom within the lordship of the aforesaid earls in the honour of
Gloucester and elsewhere in England, according as they used of old; so
that no foreigner should buy corn in the borough aforesaid nor put or
keep any in a granary beyond eight days, to wit, between the Gules of
August[153] and the feast of All Saints[154]; but if he did and were
convicted thereof, he should be amerced at the will of the aforesaid
earls or their bailiffs; nor after the feast of All Saints or [before]
the Gules of August should he buy corn to put and keep in a granary, nor
carry any by water without licence of the aforesaid earls or the
bailiffs of the borough aforesaid, and he should pay customs.
And that no foreigner should be received by the steward, clerk or any
other on behalf of the same earls to be within the liberty aforesaid,
unless it were testified by lawful men of the borough aforesaid, that he
were good and trusty.
And if any burgess should be out of the borough at the time of summons
of the court aforesaid and could not reasonably be forewarned, he should
not be amerced for default.
And if any foreigner should be received within the liberty of the
borough aforesaid, he should find mainpernors[155] that he would bear
himself in good manner and faithfully to the aforesaid earls and their
bailiffs, and would be tractable to the commonalty of the borough
aforesaid.
And that they, the burgesses, should be bailiffs and catch-polls[156] of
that borough as often as they should be elected hereto, at the will of
the aforesaid earls, their stewards and bailiffs, and by election of the
commonalty of the borough aforesaid from year to year.
And that the burgesses aforesaid should have common pasture for their
beasts in the common pasture of the borough aforesaid, according to
their burgages which they have in the same borough, as they have been
accustomed hitherto.
We, ratifying and approving the gifts and grants aforesaid, grant and
confirm them for us and our heirs for ever. These witnesses:--Sirs
Bartholomew de Badlesmere, Roger Tyrel, Gilbert of St. Ouen, Giles de
Bello Campo, John de Harecourt, Robert de Burs, John Tyrel, knights,
Master Richard de Clare, John de Chelmersford, clerks, and others. Given
at Rothwell in the county of Northampton, 26 April, 1314, in the seventh
year of the reign of King Edward, son of King Edward.[157]
[Footnote 152: _temp._ William I.--Stephen. Note that the privileges
here confirmed date from the first century after the Conquest.]
[Footnote 153: August 1.]
[Footnote 154: November 1.]
[Footnote 155: _i.e._. Sureties.]
[Footnote 156: Constables.]
[Footnote 157: Extracted from the charter of confirmation of Edward
III.]
3. CHARTER OF LIBERTIES TO THE BOROUGH OF GLOUCESTER [_Charter Roll,11
Henry III, p.1, m. 10_, No. 88], 1227.
Henry, King, etc., greeting. Know ye that we have granted and by this
our charter confirmed to our burgesses of Gloucester the whole borough
of Gloucester with the appurtenances, to hold of us and our heirs for
ever at fee farm, rendering yearly 55l. sterling, as they were wont to
render the same, and 10l. by tale of increment of farm, at our Exchequer
at the term of Easter and at the term of Michaelmas. We have granted
also to our burgesses of Gloucester of the merchants' gild that none of
them plead without the walls of the borough of Gloucester touching any
plea save pleas of foreign tenures, except our moneyers and ministers.
We have granted also to them that none of them suffer trial by battle
and that touching pleas pertaining to our crown they may deraign[158]
according to the ancient custom of the borough. This also we have
granted to them that all burgesses of Gloucester of the merchants' gild
be quit of toll and lastage[159] and pontage[160] and stallage[161]
within fairs and without and throughout seaports of all our lands on
this side the sea and beyond the sea, saving in all things the
liberties of the city of London, and that none be judged touching a
money penalty save according to the ancient law of the borough which
they had in the time of our ancestors, and that they justly have all
their lands and tenements and sureties and debts, whosoever owe them,
and that right be done them according to the custom of the borough
touching their lands and tenures which are within the borough, and that
pleas touching all their debts by loans which they have made at
Gloucester, and touching sureties made there, be held at Gloucester. And
if any man in the whole of our land take toll or custom from the men of
Gloucester of the merchants' gild, after he have failed to do right, the
sheriff of Gloucester or the provost of Gloucester shall take distress
thereon at Gloucester, saving in all things the liberties of the city of
London. Furthermore for the repair of the borough we have granted to
them that they be all quit of "gyeresyeve"[162] and of "scotale,"[163]
if our sheriff or any other bailiff exact "scotale." We have granted to
them these aforesaid customs and all other liberties and free customs
which they had in the times of our ancestors, when they had them well
and freely. And if any customs were unjustly levied in the time of war,
they shall be annulled. And whosoever shall come to the borough of
Gloucester with his wares, of whatsoever place they be, whether
strangers or others, shall come, stay and depart in our safe peace,
rendering right customs. And let no man disturb them touching this our
charter. And we forbid that any man commit wrong or damage or
molestation against them thereon on pain of forfeiture of 10l. to us.
Wherefore we will, etc. that the aforesaid burgesses and their heirs
have and hold all these things aforesaid in inheritance of us and our
heirs well and in peace, freely, quietly and honourably, as is above
written. We will also and grant that the same our burgesses of
Gloucester elect by the common counsel of the borough two of the more
lawful and discreet burgesses of Gloucester and present them to our
chief justice at Westminster, which two or one of them shall well and
faithfully keep the provostship of the borough and shall not be removed
so long as they be of good behaviour in their bailiwick, save by the
common counsel of the borough. We will also that in the same borough of
Gloucester by the common counsel of the burgesses be elected four of
the more lawful and discreet men of the borough to keep the pleas of the
crown and other things which pertain to us and our crown in the same
borough, and to see that the provosts of that borough justly and
lawfully treat as well poor as rich, as the charter[164] of the lord
King John, our father, which they have thereon, reasonably testifies. We
have granted also to the same burgesses of Gloucester that none of our
sheriffs intermeddle with them in aught touching any plea or plaint or
occasion or any other thing pertaining to the aforesaid borough, saving
to us and our heirs for ever pleas of our crown, which ought to be
attached by the same our burgesses until the coming of our justices, as
is aforesaid. We have granted also to the same that if any bondman of
any man stay in the aforesaid borough and maintain himself therein and
be in the merchants' gild and hanse and lot and scot with the same our
burgesses for a year and a day without claim, thenceforth he shall not
be reclaimed by his lord, but shall abide freely in the same borough.
These witnesses:--W. Archbishop of York, W. Bishop of Carlisle, H. de
Burgo, etc., W. Earl Warenne, Osbert Giffard, Ralph son of Nicholas,
Richard de Argentem, our stewards, Henry de Capella, John de
Bassingeburn and others. Dated by the hand [of the venerable father
Ralph bishop of Chichester, our Chancellor], at Westminster on the sixth
day of April in the eleventh year, etc.
[Footnote 158: Plead _or_ bring evidence.]
[Footnote 159: A toll on the load exacted at fairs and markets, and on
the lading of a ship.]
[Footnote 160: Bridge toll.]
[Footnote 161: Tolls for the erection of stalls or booths.]
[Footnote 162: A compulsory annual customary gift.]
[Footnote 163: Compulsory purchase of ale.]
[Footnote 164: Charter Roll, 1 John, m. 2.]
4. DISPUTE TOUCHING THE PAYMENT OF TOLL IN A BOROUGH [_Bracton's
Note-Book, II_, 121, No. 145], 1222.
The bailiffs of the city of Lincoln were summoned to answer the
burgesses of Beverley wherefore they permit them not to have their
liberties which they have by a charter of the lord King John, which
liberties they have used hitherto, etc.; whereon the burgesses say that
while they came through the middle of the town of Lincoln on their way
to the fair of St. Ives, the bailiffs took their pledges and their
cloths contrary to their liberty, and that they are injured and suffer
damage to the value of 60 marks, and thereof they produce their suit
etc. and proffer their charter,[165] which testifies that the King gave
to God and St. John and the men of Beverley that they should be free
and quit of toll, pontage, passage, pesage, lastage, stallage and wreck
and all other such customs, which pertain to the lord the King himself,
throughout all the king's land, saving the liberties of London, etc.;
wherefore they say that by that charter they always had quittance of the
aforesaid customs until the last fair of St. Ives.
And the mayor of Lincoln and Robert son of Eudo, bailiffs of Lincoln,
come and deny force and tort, but acknowledge indeed that they took toll
from the complainants within their town, and this they could well do,
because they have charters of King Henry, grandfather of the lord the
King, and of King Richard, by which those kings granted to them all the
liberties and free customs which they had of the ancestors of those
kings, to wit, King Edward and King William and King Henry the
grandfather, throughout the whole land of England, and all the liberties
which the citizens of London have, saving to the same citizens of London
their liberties; and thereof they put forward their charters[166] which
witness the same; wherefore they say that by those charters they have
always had the liberty of taking toll in their town and always hitherto
were in seisin of that liberty, and they crave judgment if by the
charter of the lord King John they ought to lose their liberty granted
to them by his ancestors.
And the burgesses of Beverley say that after the charter of the lord
King John they never gave toll, nay rather, they were always quit
thereof by that charter, and this they offer to prove, etc. or to make
defence that they never gave toll; and being asked if before that
charter they gave toll, they say, Yes, and crave judgment hereon and
offer to the lord the King two palfreys for an inquisition if after the
charter of King John they were always quit of the aforesaid toll, and
they are received, and so a jury was made by eight lawful citizens of
Lincoln and further by eight lawful men of the vicinage of Lincoln, and
let it come on such a day to recognise if those burgesses, when they
brought wares through the town of Lincoln, were quit of toll in that
town from the first year of the coronation of King John.[167]
[Footnote 165: 1 John (1200). _Rot. Cart. p._ 53.]
[Footnote 166: 1 John (1200). _Rot. Cart., pp._ 5, 56.]
[Footnote 167: See note to No. 8.]
5. DISPUTE WITH A LORD TOUCHING A GILD MERCHANT [_Curia Regis Rolls,
Mich. 8 Henry III, m. 6_], 1223-4.
_Buckingham._--Alan Basset was summoned to answer the burgesses of
Wycombe wherefore he permits them not to have their gild merchant with
its appurtenances, as they were wont to have it in the time of the lord
King John, when he had that manor in his hand; whereof the burgesses say
that in the time when the lord King John had that manor in his hand, and
when the lord the King gave it to the same Alan, they had a gild
merchant and a liberty which the same Alan has taken away from them,
wherefore they are much injured, for by that gild merchant they had this
liberty, that no merchant within their town could sell cloths at retail,
neither linens nor woollens, unless he were in the gild merchant or by
licence of the bailiffs of the burgesses who were in the gild merchant,
and furthermore in the same manner could not sell fells or wood or
broom[168] or such merchandise, unless he were in the gild or by
licence, as aforesaid; and the same Alan contravened this liberty and
granted to all merchants and others that they might sell cloths at
retail and fells and such wares as they please, and takes 3d. toll; and
they used to give for the farm of the lord the King half a mark yearly
to have that liberty; and because he has taken away that liberty from
them, they are injured and suffer damage to the value of 40 marks, and
thereof they produce suit, and if this suffices not, they offer to prove
that they had such seisin by the evidence of witnesses (_per vivam
vocem_), if they ought, or by the body of a man,[169] or by the
country,[170] and they offer 20 marks to have an inquisition thereon.
And Alan comes and defends force and tort and says that he has taken no
liberties from them, but will speak the truth; the lord King John gave
him that manor with all its appurtenances for his homage and service for
20l. a year and for the service of one knight, so that never afterwards
did they have a gild merchant, although they often sued for it and
murmured among themselves, so that he often asked of them their warrant,
if they had any, and they show him none; and the town is amended in that
merchants and others can sell their merchandise; and so they ought to
have no gild.
And the burgesses say that his statement is contrary to right, because
after his time, when he had that manor, they had that liberty, both
before his time and after, and they offer as before 20 marks to have an
inquisition thereon. Touching their warrant they say that they had a
charter of King Henry, grandfather of the lord the King, and it was
deposited in the church of Wycombe, and there in the time of war was
burned in the church, and thereof they put themselves on a jury.
And Alan defends that they had no charter thereof nor any warrant, nor
ever had seisin of that gild in his time, nor can he admit nor will he
admit any inquisition without the lord the King; but indeed it may be
true that when they had the manor of the King at farm, then they did
what they pleased.
A day is given to them on the morrow of Martinmas to hear their
judgment, and the burgesses put in their place William son of Harvey and
Robert le Taillur.[171]
[Footnote 168: Genista tinctoria (dyer's greenweed); "_genetein_" in
MS.]
[Footnote 169: _i.e._ Trial by battle.]
[Footnote 170: _i.e._ Trial by jury.]
[Footnote 171: The case was again adjourned and the judgment has not
been found.]
6. THE AFFILIATION OF BOROUGHS [_Charter Roll,11 Henry III, p. 1, m. 13,
No. 117_], 1227.
The King to all, etc., greeting. Know ye that we have granted and by our
present charter confirmed to our burgesses of Bedford all their
liberties and customs and laws and quittances, which they had in the
time of the lord King Henry, our grandfather, specially their gild
merchant with all their liberties and customs in lands and islands, in
pastures and all other their appurtenances, so that no one who is not in
that gild do any trafficking with them in city or borough or town or
soke. Moreover we have granted and confirmed to them that they be quit
of toll and pontage and stallage and lastage and passage, and of assarts
and every other custom throughout the whole of England and Normandy by
land and water and by the seashore, "bilande and bistrande," and have
all other customs throughout the whole of England and their liberties
and laws which they have in common with our citizens of Oxford,[172] and
do their trafficking in common with them within London and without and
in all other places. And if they have any doubt or contention touching
any judgment which they ought to make, they shall send their messengers
to Oxford, and what the citizens of Oxford shall adjudge hereon, that
they shall hold firm and fixed and certain without doubt, and do the
same. And we forbid that they plead without the borough of Bedford in
aught whereof they are charged, but of whatsoever they be impleaded,
they shall deraign themselves according to the laws and customs of our
citizens of Oxford, and this at Bedford and not elsewhere; because they
and the citizens of Oxford are of one and the same custom and law and
liberty. Wherefore we will and straitly command that our aforesaid
burgesses of Bedford have and hold their aforesaid liberties and laws
and customs and tenures well and in peace, freely and quietly, fully and
honourably, with soc and sac and tol and theam and infangenethef,[173]
and with all other their liberties and free customs and quittances, as
well and entirely as ever they had them in the time of King Henry, our
grandfather, and as fully and freely and entirely as our citizens of
Oxford have those liberties and as the charter of King Richard, our
uncle, which they have thereof, reasonably testifies. Witnesses as
above. Given [at Westminster on 24 March in the 11th year of our reign].
[Footnote 172: Oxford was also affiliated to London by charter of 13
Henry III. [Charter Roll, 13 Henry III., p. 1, m. 12.]]
[Footnote 173: _i.e._ General rights of jurisdiction.]
7. BONDMAN RECEIVED IN A BOROUGH [_Bracton's Notebook, III_, 243, No.
1228], 1237-8.
Order was made to the bailiffs of Andover that at the first coming of
the lord the King to Clarendon they shew cause to the lord the King,
wherefore they have detained from Everard le Tyeis William of Amesbury,
his bondman and fugitive, inasmuch as he claims him at the time and
hours, as he says, etc.
And Adam de Marisco and other bailiffs of Andover come and say that the
aforesaid William was at one time dwelling at Wilton and was a
travelling merchant and married a woman in the town of Andover, and
within the year in which he married the same Everard came and sought him
as his bondman and fugitive, but they refused to deliver him to him and
dared not without the lord the King's command.
Afterwards the same Everard comes, and remits and quit-claims to the
lord the King and his heirs the aforesaid William with his whole brood,
etc.
8. AN INTER-MUNICIPAL AGREEMENT IN RESPECT OF TOLL [_Charter Roll, 23
Henry III, m. 3_], 1239.
The King to archbishops, etc. greeting. Know ye that whereas a dispute
was raised in our Court before us between our good men of Marlborough,
complainants, and our good men of Southampton, deforciants, of toll
which the aforesaid men of Southampton took from our men of Marlborough
against their liberties which they have by charter of King John, our
father, and by our charter, as they asserted; at length by our licence
it is covenanted between them on this wise, that all our men of
Marlborough, who are in the gild merchant of Marlborough and will
establish the same, be quit for ever of all custom and all manner of
toll in the town of Southampton and in all the appurtenances thereof,
whereof the men of Southampton within their liberty can acquit the said
men of Marlborough, notwithstanding that the charter of the same men of
Southampton is prior to the charters of the aforesaid men of
Marlborough;[174] and in like manner that the men of Southampton be quit
of all custom and toll in the town of Marlborough. We, therefore,
willing that the aforesaid covenant be firm and stable for ever, grant
and confirm it for us and our heirs. Witnesses:--Richard, count of
Poitou and earl of Cornwall, our brother, etc., as above [17 June,
Westminster].
[Footnote 174: The legal rule evolved in the thirteenth century for
cases where the crown granted to one town freedom from toll, and to
another town the right to exact toll, was that priority of grant
prevailed; _cf._ Bracton _f._ 56_b_. By grants of incompatible charters
the crown obtained fees from two sets of petitioners, and also costs
from the subsequent litigation.]
9. ENFORCEMENT OF CHARTER GRANTING FREEDOM FROM TOLL THROUGHOUT THE
REALM [_Chancery Files_], 1416.
Henry by the grace of God King of England and France and Lord of Ireland
to John Kerde of Ware Toller, greeting. Whereas among the rest of the
liberties and quittances granted to our beloved citizens of our city of
London by charters of our progenitors, sometime Kings of England, which
we have confirmed by our charter with the clause "_licet_,"[175] it is
granted to the same that they and their successors, citizens of the same
city, be quit for ever of pavage, pontage, murage,[176] toll and
lastage[177] throughout the whole of our realm and the whole of our land
and power, as is more fully contained in the charters and confirmation
aforesaid: We command you, as we have commanded before, that you permit
Thomas Sabarn, citizen of the city aforesaid, as it is said, to be quit
of such pavage, pontage, murage, toll and lastage, according to the
tenour of the charters and confirmation aforesaid, not molesting or
aggrieving him in aught contrary to the tenour of the same, or that you
signify to us the cause wherefore you have not obeyed our command before
directed to you thereon. Witness myself at Westminster, 25 March in the
4th year of our reign.
Sotheworth.
[_Endorsed._] The answer of John Kerde withinwritten.
I certify to you that I have permitted and will hereafter permit Thomas
Sabarn withinwritten to be quit of pavage, pontage, murage, toll and
lastage, as is commanded me by this writ, and have not molested or
aggrieved him on the same accounts, and will not molest or aggrieve him
hereafter.
[Footnote 175: Charter Roll, 2 Henry V., p. 2, No. 11. The clause
"_licet_" is a provision for the preservation of liberties in spite of
non-user.]
[Footnote 176: _i.e._ Tolls for the repair of streets, bridges, and
walls.]
[Footnote 177: _i.e._ A toll on cargoes and on wares entering a market
or fair.]
10. LICENCE FOR AN ALIEN TO BE OF THE GILD MERCHANT OF LONDON [_Charter
Roll, 37 Henry III, m. 21_], 1252.
The King to archbishops, etc., greeting. Know ye that we have granted
and by this our charter confirmed to Deutayutus Willelmi, merchant of
Florence, that he and his heirs for ever may have this liberty, to wit,
that in any tallage to be assessed on the community of our city of
London by our command they be not tallaged at more than one mark of
silver, and that they, with their own household, may buy, sell and
traffic without unlawful gain as freely and quietly throughout the whole
of our power as any of our citizens of London; and that the same
Deutayutus and his heirs be in the gild merchant of the same city and
have all other liberties and free customs, as well within the said city
as without, which the same citizens have or shall have or obtain
hereafter. Wherefore we will and straitly command for us and our heirs
that the aforesaid Deutayutus and his heirs have all the liberties, free
customs and quittances aforesaid for ever, as is aforesaid. These
witnesses:--Geoffrey de Lezinan, our brother, Peter de Sabaudia, John
de Grey, John de Lessinton, Peter Chaceporc, archdeacon of Wells, Master
W. de Kilkenny, archdeacon of Coventry, Artald de Sancto Romano, Robert
de Muscegros, Robert Wallerand, Stephen Bauzan, Robert le Norreys, Ralph
de Bakepuz, Imbert Pugeys and others. Given by our hand at Windsor, 3
November.[178]
[Footnote 178: In the thirteenth century aliens were commonly burgesses
of English towns (for an instance see below, Section VI, No. 30), and
Englishmen were members of foreign communities. In 1326 the Mayor and
commonalty of London deprived such aliens of the freedom of the city
(Riley Memorials, 151). This document furnishes the sole extant
reference to a gild merchant in London. See, however, Crump, in E.H.R.,
xviii. 315.]
11. DISPUTE BETWEEN THE MERCHANT GILD AND THE ABBOT OF BURY ST. EDMUNDS
[_B.M. Add. MSS. 17391, ff. 61-65_], 1304.
Pleas at the town of St. Edmund before William de Bereford, W. Howard
and W. de Carleton, appointed justices of the lord the King, on Tuesday
next after the feast of St. Lucy the Virgin[179] in the thirty-third
year of the reign of King Edward son of King Henry.
Nicholas Fouk and others by conspiracy premeditated among them at the
town aforesaid, and by oath taken among them, making unlawful assemblies
of their own authority on Monday next after the feast of the Nativity of
the Blessed Virgin Mary in the thirtieth year of the lord the King that
now is,[180] ordained and decreed that none should remain among them in
the said town having chattels worth 20s. who would not pay them 2s. 1d.,
which payment they call among themselves hansing-silver, which money
they took on that pretext respectively from Reynold del Blackhouse and
Robert the Carpenter, men dwelling in the town aforesaid, and also
beyond this 12d. of gersom from each of the said Reynold and Robert. And
likewise ... they decreed among themselves that every man of the same
town having chattels to the value of 10 marks should pay them 46s. 8d.,
which by that authority they took from Robert Scot, a man dwelling in
the aforesaid town. And also the same day and year they decreed among
themselves that no man should stay in the aforesaid town beyond a year
and a day without being distrained to take oath to maintain their
aforesaid assemblies and ordinances....
The aforesaid Nicholas Fouk and others readily acknowledge that the
Abbot is lord of the whole town aforesaid, and ought to appoint his
bailiffs to hold his court in the same town. But as for the conspiracy
aforesaid, etc., they make stout defence that they are not guilty of the
aforesaid conspiracy, etc. And as for the Abbot's charge against them
that they have made unlawful assemblies in the aforesaid town, decreeing
and ordaining that every man dwelling in the same town having chattels
to the value of 20s., etc. as above, they say that the aforesaid Abbot
makes plaint unjustly, for they say that they have an alderman and a
gild merchant in the aforesaid town and are free burgesses, etc.,
rendering judgments by their alderman of pleas pleaded in the court of
the same abbot before his bailiffs in the town aforesaid. And that
without any trespasses or unlawful assemblies they meet at their
Gildhall in the same town, as often as need be, to treat of the common
profit and advantage of the men and burgesses of the aforesaid town, as
is quite lawful for them. And that they and their ancestors and
predecessors, burgesses, etc., have used such a custom from time whereof
no memory is, to wit, of taking 2s. 1d. from every man dwelling in the
aforesaid town, being in the tithing of the Abbot of the place
aforesaid, having chattels to the value of 20s., that he may trade among
them and enjoy their market customs in the same town, and likewise of
receiving 46s. 8d. from every man of the town aforesaid having chattels
to the value of 10 marks to keep[181] their gild merchant. And that
there is the following custom among them beyond this, to wit, that
twelve burgesses of the aforesaid town have been accustomed to elect
four men of the same town yearly to keep their gild merchant, each of
whom shall have chattels to the value of 10 marks. Which four men so
elected have been accustomed to be forewarned by two burgesses of the
gild aforesaid, who are called _les Dyes_, to keep their gild aforesaid;
and the same men so elected have been accustomed to find pledges before
the alderman and burgesses in the Gildhall aforesaid to keep the gild
aforesaid, or that each of them would pay 46s. 8d., who should refuse to
keep that gild. And for the doing hereof the alderman and burgesses in
the town aforesaid have been accustomed to distrain every man in the
same town having chattels to the value of 10 marks, wishing to trade
among them and to enjoy their market customs. And thus then each of the
aforesaid four men so elected should enjoy burgess-ship among them and
their custom hereafter, and the burgesses of the aforesaid town in form
aforesaid have been used to receive 2s. 1d., etc. And this they are
ready to verify, whereof they crave judgment, etc....
The jurors say, etc. that ... the Abbot must answer whether the
aforesaid Nicholas Fouke and others have a gild merchant in the
aforesaid town or not, etc. The abbot says that they have not a gild
merchant nor cognisances of pleas pertaining to a gild merchant, nor a
commonalty nor a common seal nor a mayor; but they hold a gild at the
feast of the Nativity of St. John the Baptist in a certain place to
feast and drink together, there holding their unlawful assemblies and
taking from every man dwelling in the said town the aforesaid 2s. 1d.
and also 46s. 8d., levying such money from the men aforesaid, that the
payers thereof may be of their fellowship, by distraints made upon them;
and he does not deny that the ancestors of the aforesaid Nicholas and
others have been long accustomed to receive such extortions of 2s. 1d.
and 46s. 8d., but against the Law Merchant and against the will of the
aforesaid payers and against the peace, etc., and beyond the amount of a
third part of their goods; and by such extortions and ransoms they claim
to make burgesses within his liberty and lordship, which there pertains
to the Abbot himself and to no other to be done, etc.
A day is given.... It is awarded that the aforesaid Abbot [recover] his
damages of 199l. 13s. 4d. against the aforesaid Nicholas and others....
And let the same Nicholas and others be committed to gaol, etc.
Afterwards the aforesaid Nicholas and others came and made fine, etc.
And let certain others in the dispute be imprisoned for a month owing to
their poverty, etc. And the aforesaid Nicholas and others came before
the justices and satisfied the lord Abbot, etc.; therefore let them be
delivered from prison, etc.
[Footnote 179: Tuesday after December 13.]
[Footnote 180: Monday after September 8, 1302.]
[Footnote 181: _i.e._ To uphold.]
12. COMPLAINTS OF THE MEN OF LEICESTER AGAINST THE LORD [_Inquisitions
Miscellaneous, 87, No. 46_], 1322.
Inquisition taken at Leicester on Saturday next after the feast of St.
Barnabas the Apostle[182] in the 15th year of the reign of King Edward,
son of King Edward, before Roger Beler, guardian of the castles, lands
and tenements of Thomas, late earl of Lancaster,[183] and other enemies
and rebels of the lord the King in the County of Leicester, in the hand
of the lord the King by their forfeiture, by the oath of William le
Palmere of Leicester.[184]....
Who say on their oath that in the time of Edmund, late earl of
Leicester, uncle of the lord the King that now is, while he had the
lordship of the town aforesaid, the men of the same town who were in the
gild of the same town gave nothing for the retailing or sale of cloth or
other merchandise, but in the time of Thomas, late earl of Leicester, by
distraints of farmers[185] and extortions they were compelled to make
heavy fines yearly.
Further, in the time of the aforesaid Edmund, the fullers dwelling in
the same town gave nothing to any man for exercising that craft, but in
the time of Thomas they were compelled to pay 40s. a year, so that the
aforesaid farmers would not permit other fullers to come into the same
town, whereby none remains in the same town save one only, and he is
poor.
Further, in the time of Edmund, the butchers of the same town used to
give nothing to any man for exercising their trade, but in the time of
Thomas they were compelled to give 10s. a year to the farmers.
Further, in the time of Edmund, for four days at Christmas no court of
pleas of the Portmanmoot used to be holden, but in the time of Thomas by
extortions and distraints the farmers[185] used to compel those who owed
to others any debt, upon plaint made against them, to pay their debts
within the aforesaid four days, or to imprison their bodies until they
should have paid.
In the time of Edmund vendors of oatmeal sold their meal, giving nothing
to any man except toll; in the time of Thomas they were not permitted
to sell the aforesaid meal except by great measures, and then the
beadles of the farmers of the same town took by extortion from the
buyers a great quantity for measuring it, and to have that profit the
said beadles gave to the farmers 40s. a year.
Further, in the time of Edmund, the farmers of the demesne lands of the
same Edmund used to have the dung found in the four high roads and not
elsewhere in the lanes; in the time of Thomas, by force and might they
collected and took the dung in all the lanes, against the will of the
burgesses.
Further, in the time of Edmund, from payers of toll the farmers used to
take nothing by way of a double toll, and that by view of any of the
jurors of the same town; in the time of Thomas the farmers took from
payers of toll the heaviest ransoms at their will, exceeding the value
of the thing whereon the toll was so paid, and often more than the true
value.
Further, in the time of Edmund, the porters of the castle of the town of
Leicester meddled not in the town of Leicester with the making of any
attachments, except with a bailiff of the same town; in the time of
Thomas, by force and might they made attachments and other executions
without any bailiff of the town, and wrought great wrongs in the said
town, whereby the burgesses suffered great grievances.
In the time of Edmund, if any burgess were impleaded in the court of the
castle, the mayor and bailiffs of the same town used to claim their
court and freely have it at the Portmanmoot; in the time of Thomas the
farmers refused to admit their claims or to grant their court, but
compelled burgesses to answer there by various and heavy distraints.
Further, in the time of Edmund, buyers of wool used to hire carts to
carry their wool at their will; in the time of Thomas they were
compelled to give to the farmers 1d. on each sack and could hire carts
only at the will of the said farmers.
Further, in the time of Edmund, the foresters of "le Fruth" used not to
make attachments in the town of Leicester nor meddle there for any
trespasses of dry wood committed; in the time of Thomas, by extortion,
force and might, they made attachments both upon those who bought at
their doors from poor women carrying dry sticks on their heads, and upon
others, and caused the buyers to be amerced at the court of "le
Hethilegh."
In the time of Edmund, the brewers of the same town used to be amerced
once a year according to the measure of their guilt and at the rate of
6d. or 12d. at most; in the time of Thomas, the farmers levied from the
same by extortions and heavy ransoms at their will from one half a mark
and from another 10s., which they call farms of "Cannemol."
Further, in the time of Edmund, the weavers of the same town used to
give nothing to any man for exercising their trade; in the time of
Thomas the said farmers took by extortion from every weaver 40d. for
permission to work in broad cloth.
Further, in the time of Edmund the vendors of salt herrings and fish
could sell such their merchandise by themselves and their servants
(_servos_) with their own hands, giving nothing of their own except
toll; in the time of Thomas they were not permitted to sell their
merchandise, but the ministers of the farmers deputed hereto sold the
same and took great sums of money by extortion.
Further, in the time of Edmund, retailers of cloth selling in their
windows used not to be amerced except by view of jurors of the same town
and once a year at 12d.; in the time of Thomas they were compelled by
heavy extortions to make fines at his will.
In witness whereof the jurors have set their seals to this inquisition.
[Footnote 182: June 11.]
[Footnote 183: The necessities of Earl Thomas, leader of the opposition
to Edward II., had evidently reacted upon his tenants.]
[Footnote 184: And 23 others named.]
[Footnote 185: The lord's lessees, responsible for the farm of the
town.]
13. GRANT OF PAVAGE TO THE LORD OF A TOWN [_Patent Roll, 2 Edward III,
p. 1, m. 5_], 1328.
The King to the venerable father in Christ H. by the same grace bishop
of Lincoln, greeting. Know ye that we have granted to you, in aid of
paving your town of Newark, that from the day of the making of these
presents to the end of three years completed next following you take in
the same town, by those whom you shall think fit to depute hereto and
for whom you will be answerable, the underwritten customs on things for
sale coming to the same town, to wit, on each quarter of corn for sale
1/4d., on each horse and mare for sale 1/2d., on each hide of horse and
mare, ox and cow, fresh, salted and tanned, for sale, 1/4d., on each
cart carrying meat, salted or fresh, for sale, 1-1/2d., on 5 bacons for
sale 1/2d., on each salmon, fresh or salt, for sale, 1/4d., on each 100
mackerel for sale 1/2d., on each lamprey for sale 1/2d., on 10 sheep,
goats or swine for sale 1d., on 10 fleeces for sale 1/2d., on each 100
woolfells of sheep, goats, stags, hinds, bucks and does for sale 1d., on
each 100 fells of lambs, kids, hares, rabbits, foxes, cats and squirrels
1/2d., on each cart-load of sea-fish for sale 2d., on each horse-load
of sea-fish for sale 1/2d., on each truss of cloths brought by cart 3d.,
on each horse-load of cloth for sale or other diverse and minute things
for sale coming to the same town 1/2d., on each cart-load of iron for
sale 1d., on each 100 of steel for sale 1/4d., on each cart-load of tin
for sale 1/2d., on each quarter of woad 2d., on each tun of wine for
sale 2d., on each sack of wool for sale 2d., on each horse-load of wool
1d., on each horse-load of apples, pears or nuts for sale 1/4d., on each
100 of linen web and canvas for sale 1/2d., on each 100 of linen for
sale 1/4d., on each new cart for sale 1/4d., on each cart laden with
timber for sale 1/2d., on each 1000 laths 1-1/2d., on each 100 stockfish
and Aberdeen fish 1/2d., on each cart laden with hay or grass for sale
1/4d., on each cart carrying rushes for sale 1d., on each cart-load of
heath for sale 1/2d., on each truss of chalons[186] for sale 1/2d., on
each horse-load of glass (_verro_) 1/2d., on each horse-load of garlic
for sale 1/2d., on each 1000 herrings for sale 1/4d., on each 100 boards
for sale 1d., on each cart-load of faggots for sale 1/4d., on each
quarter of salt for sale 1/4d., on each dozen horse-loads of coals for
sale 1/2d., on each cart-load of coals for sale 1/2d., on each cart-load
of brushwood for sale 1/2d., on each horse-load of brushwood for sale
by the week 1/4d., on each 1000 nails for house gables (_ad cumilum
domus_) for sale 1/4d., on each 100 horse shoes for horses and
clout-nails for carts 1/2d., on 2000 of all manner of nails for sale
except nails for carts and house gables 1/4d., on each truss of every
kind of ware for sale coming to the same town and exceeding the value of
2s., 1/4d. And therefore we command you that you take the customs
aforesaid until the end of the said three years in the form aforesaid,
and that after the term of the said three years be complete the said
customs wholly cease and be annulled. In witness whereof, etc., to
endure for the aforesaid three years. Witness the King at Northampton, 8
May.
By the King himself.
[Footnote 186: Coverlets made at Chalons-sur-Marne.]
14. MISAPPROPRIATION OF THE TOLLS LEVIED FOR PAVAGE [_Fine Roll, 10
Edward III, m. 22_], 1336.
The King to his beloved and faithful John de Mounteny, Nicholas de
Beaulu, Robert Scuffyn, and William de Merston, greeting. Know ye that
whereas on the 8th day of May in the second year of our reign by our
letters patent we granted unto the venerable father Henry, bishop of
Lincoln, that he should have in the town of Newark pavage for the term
of three years next following, and afterwards, wishing to do further
grace to the same bishop in this behalf, we granted unto him that from
the end of the term aforesaid he should take in the town aforesaid such
pavage until the end of four years then next following, the collection
of which pavage amounts to no small sum, as it is said; and we have
received a petition shown before us and our council, containing that the
collectors of the pavage aforesaid in the time aforesaid have detained
by them the money which they have collected from that pavage by virtue
of the grants aforesaid, and still detain the same, converting it to
other uses than to the repair and amendment of that town, as would be
fitting, to the deception of us and contrary to the form of the grants
aforesaid: We, wishing to apply a remedy in this behalf, as well for us
as for the safety of the town aforesaid in times to come, as we are
bound, have appointed you, three and two of you, to survey all works, if
any have been done by the collectors aforesaid from such money levied
and collected during the time of the grants aforesaid in the same town,
and to enquire, if need be, of the names of the collectors aforesaid,
and to cause those collectors to come before you, three or two of you,
and to hear and determine finally the account of all the same collectors
of all their receipts from the time aforesaid for such cause, and to
distrain the same collectors to apply without delay in such repair all
money levied on account of the premises and not applied in the repair
aforesaid, and to appoint and depute certain fit collectors of the
pavage aforesaid in the town aforesaid of the same town, to collect and
levy the money there and to apply the same in the repair and amendment
of the pavage aforesaid in times to come, as you shall deem best to be
done according to your discretions for our advantage and the safety of
the town aforesaid. And therefore we command you that at certain days
which you, three or two of you, shall provide herefor, you hear and
determine the account aforesaid, and do and accomplish all and singular
the premises in the form aforesaid; for we have commanded our sheriff of
Nottingham that at certain days which you, three or two of you, shall
cause him to know, he cause to come before you, three or two of you, the
collectors aforesaid, and as many and such good and lawful men of his
bailiwick by whom the truth of the matter in the premises may the better
be known and enquired of. In witness whereof, etc. Witness the King at
Walsingham, 15 February. By petition of the Council.
15. ORDINANCES OF THE WHITE TAWYERS OF LONDON [_Guildhall Letter-Book F,
f. 126_], 1346.
In honour of God, of Our Lady, and of all Saints, and for the nurture of
tranquillity and peace among the good folks the Megucers, called
"_Whittawyers_," the folks of the same trade have, by assent of Richard
Lacer, Mayor, and of the Aldermen, ordained the points underwritten.
In the first place, they have ordained that they will find a wax candle,
to burn before Our Lady in the Church of All Hallows near London Wall.
Also, that each person of the said trade shall put in the box such sum
as he shall think fit, in aid of maintaining the said candle.
Also, if by chance any one of the said trade shall fall into poverty,
whether through old age, or because he cannot labour or work, and have
nothing with which to help himself; he shall have every week from the
said box 7d. for his support if he be a man of good repute. And after
his decease, if he have a wife, a woman of good repute, she shall have
weekly for her support 7d. from the said box, so long as she shall
behave herself well, and keep single.
And that no stranger shall work in the said trade, or keep house [for
the same] in the city, if he be not an apprentice, or a man admitted to
the franchise of the said city.
And that no one shall take the serving man of another to work with him,
during his term, unless it be with the permission of his master.
And if any one of the said trade shall have work in his house that he
cannot complete, or if for want of assistance such work shall be in
danger of being lost, those of the said trade shall aid him, that so the
said work be not lost.
And if any one of the said trade shall depart this life, and have not
wherewithal to be buried, he shall be buried at the expense of their
common box; and when any one of the said trade shall die, all those of
the said trade shall go to the Vigil, and make offering on the morrow.
And if any serving-man shall conduct himself in any other manner than
properly towards his master, and act rebelliously towards him, no one of
the said trade shall set him to work, until he shall have made amends
before the Mayor and Aldermen; and before them such misprision shall be
redressed.
And that no one of the said trade shall behave himself the more
thoughtlessly, in the way of speaking or acting amiss, by reason of the
points aforesaid; and if any one shall do to the contrary thereof, he
shall not follow the said trade until he shall have reasonably made
amends.
And if any one of the said trade shall do to the contrary of any point
of the Ordinances aforesaid, and be convicted thereof by good men of the
said trade, he shall pay to the Chamber of the Guildhall of London, the
first time 2s., the second time 40d., the third time half a mark, and
the fourth time 10s., and shall forswear the trade.
Also, that the good folks of the same trade shall once in the year be
assembled in a certain place, convenient thereto, there to choose two
men of the most loyal and befitting of the said trade, to be overseers
of work and all other things touching the trade, for that year, which
persons shall be presented to the Mayor and Aldermen for the time being,
and sworn before them diligently to enquire and make search, and loyally
to present to the said Mayor and Aldermen such defaults as they shall
find touching the said trade without sparing any one for friendship or
for hatred, or in any other manner. And if any one of the said trade
shall be found rebellious against the said overseers, so as not to let
them properly make their search and assay, as they ought to do; or if he
shall absent himself from the meeting aforesaid, without reasonable
cause, after due warning by the said overseers, he shall pay to the
Chamber, upon the first default, 40d.; and on the second like default,
half a mark; and on the third, one mark; and on the fourth, 20s. and
shall forswear the trade for ever.
Also, that if the overseers shall be found lax and negligent about their
duty, or partial to any person, for gift or for friendship, maintaining
him, or voluntarily permitting him [to continue] in his default, and
shall not present him to the Mayor and Aldermen, as before stated, they
are to incur the penalty aforesaid.
Also, that each year, at such assemblies of the good folks of the said
trade, there shall be chosen overseers, as before stated. And if it
shall be found that through laxity or negligence of the said governors
such assemblies are not held, each of the said overseers is to incur the
said penalty.
Also, that all skins falsely and deceitfully wrought in their trade,
which the said overseers shall find on sale in the hands of any person,
citizen or foreigner, within the franchise, shall be forfeited to the
said Chamber, and the worker thereof amerced in manner aforesaid.
Also, that no one who has not been an apprentice, and has not finished
his term of apprenticeship in the said trade shall be made free of the
same trade; unless it be attested by the overseers for the time being or
by four persons of the said trade, that such person is able, and
sufficiently skilled to be made free of the same.
Also, that no one of the said trade shall induce the servant of another
to work with him in the same trade, until he has made a proper fine with
his first master, at the discretion of the said overseers, or of four
reputable men of the said trade. And if any one shall do to the contrary
thereof, or receive the serving workman of another to work with him
during his term, without leave of the trade, he is to incur the said
penalty.
Also, that no one shall take for working in the said trade more than
they were wont heretofore, on the pain aforesaid, that is to say, for
the _dyker_[187] of _Scottes stagges_, half a mark; the _dyker of
Yrysshe_, half a mark; the _dyker of Spanysshe stagges_ 10s.; for the
hundred of _gotesfelles_, 20s.; the hundred of _rolether_, 16s.; for the
hundred skins of _hyndescalves_, 8s.; and for the hundred of
_kiddefelles_, 8s.[188]
[Footnote 187: A package of ten.]
[Footnote 188: Printed in Riley, Memorials, 232.]
16. DISPUTE BETWEEN THE MASTER SADDLERS OF LONDON AND THEIR JOURNEYMEN
[_Guildhall, Letter-Book II, f. 309_], 1396.
Whereas there had arisen no small dissension and strife between the
masters of the trade of Saddlers of London, and the serving-men, called
_yomen_, in that trade; because that the serving-men aforesaid against
the consent, and without leave of their masters, were wont to array
themselves all in a new and like suit once in the year, and often times
held divers meetings, at Stratford and elsewhere without the liberty of
the said city, as well as in divers places within the city; whereby many
inconveniences and perils ensued to the trade aforesaid; and also, very
many losses might happen thereto in future times, unless some quick and
speedy remedy should by the rulers of the said city be found for the
same; therefore the masters of the said trade on the 10th day of the
month of July, in the 20th year, etc., made grievous complaint thereon
to the excellent men, William More, Mayor, and the Aldermen of the City
aforesaid, urgently entreating that, for the reasons before mentioned,
they would deign to send for Gilbert Dustone, William Gylowe, John Clay,
John Hiltone, William Berigge, and Nicholas Mason, the then governors of
the serving-men aforesaid; to appear before them on the 12th day of July
then next ensuing.
And thereupon, on the same 10th day of July, precept was given to John
Parker, serjeant of the Chamber, to give notice to the same persons to
be here on the said 12th day of July, etc. Which Governors of the
serving-men appeared, and, being interrogated as to the matters
aforesaid, they said that time out of mind the serving-men of the said
trade had had a certain Fraternity among themselves, and had been wont
to array themselves all in like suit once in the year, and, after
meeting together at Stratford, on the Feast of the Assumption of the
Blessed Virgin Mary[189] to come from thence to the Church of St.
Vedast, in London, there to hear Mass on the same day, in honour of the
said glorious Virgin.
But the said masters of the trade asserted to the contrary of all this,
and said that the fraternity, and the being so arrayed in like suit
among the serving-men, dated from only thirteen years back, and even
then had been discontinued of late years; and that under a certain
feigned colour of sanctity, many of the serving-men in the trade had
influenced the journeymen among them and had formed covins thereon, with
the object of raising their wages greatly in excess; to such an extent,
namely, that whereas a master in the said trade could before have had a
serving-man or journeyman for 40 shillings or 5 marks yearly, and his
board, now such a man would not agree with his master for less than 10
or 12 marks or even 10 pounds, yearly; to the great deterioration of the
trade.[190]
And further, that the serving-men aforesaid according to an ordinance
made among themselves, would oftentimes cause the journeymen of the said
masters to be summoned by a beadle, thereunto appointed, to attend at
Vigils of the dead, who were members of the said Fraternity, and at
making offering for them on the morrow, under a certain penalty to be
levied; whereby the said masters were very greatly aggrieved, and were
injured through such absenting of themselves by the journeymen, so
leaving their labours and duties against their wish.
For amending and allaying the which grievances and dissensions, the
Mayor and Aldermen commanded that six of the said serving-men should
attend in the name of the whole of the alleged Fraternity, and
communicate with six or eight of the master saddlers aforesaid, etc.,
both parties to be here, before the said Mayor and Aldermen on the 19th
day of July then next ensuing to make report to the Court as to such
agreement between them as aforesaid. And further, the Mayor and Aldermen
strictly forbade the said serving-men in any manner to hold any meeting
thereafter at Stratford aforesaid, or elsewhere without the liberty of
the said city on pain of forfeiture of all that unto our Lord the King
and to the said city they might forfeit.
On which 19th day of July, came here as well the masters aforesaid as
the governors of the serving-men; and presented to the Mayor and
Aldermen a certain petition, in these words: "Gilbert Dustone, William
Gylowe, John Clay, John Hiltone, William Berigge, and Nicholas Mason, do
speak on behalf of all their Fraternity and do beg of the Wardens of the
Saddlers that they may have and use all the points which heretofore they
have used."
Which petition having been read and heard, and divers reasons by the
said masters unto the Mayor and Aldermen shown, it was determined that
the serving-men in the trade aforesaid should in future be under the
governance and rule of the masters of such trade; the same as the
serving-men in other trades in the same city are wont, and of right are
bound to be; and that in future they should have no fraternity,
meetings, or covins, or other unlawful things under a penalty, etc. And
that the said masters must properly treat and govern their serving-men
in the trade in such manner as the serving-men in like trades in the
city have been wont to be properly treated and governed. And that if any
serving-men should in future wish to make complaint to the Mayor and
Aldermen, for the time being, as to any grievance unduly inflicted upon
him by the masters aforesaid, such Mayor and Aldermen would give to him
his due and speedy meed of justice as to the same.[191]
[Footnote 189: August 15.]
[Footnote 190: For further evidence of combinations, see below, No. 32.]
[Footnote 191: Printed in Riley, Memorials, 542.]
17. ORDINANCES OF THE DYERS OF BRISTOL [_Patent Roll, 13 Henry IV, p. 2,
m. 31_], 1407.
These are the petition, ordinances and articles, which are granted and
confirmed to the masters, burgesses of the craft of dyeing of the town
of Bristol ... by the assent and advice of the whole Common Council ...
holden in the Gildhall of Bristol ... the 8th year of the reign of King
Henry the Fourth after the Conquest, to endure for ever, as well for the
honour of the town of Bristol as for the profit and amendment of the
said craft; the tenour of which petition and ordinances follows
hereafter:
To the honourable and discreet Sirs, the Mayor, Sheriff and Bailiffs of
the town of Bristol, and to all the honourable folk of the Common
Council, the said masters make supplication: Whereas certain persons of
the said town of divers crafts, not cunning in the craft of dyeing, who
were never apprentices nor masters of the said craft, take upon them
divers charges and bargains to dye cloths and wools of many folk of the
same town and the country round, which cloths and wools have been divers
times ill dressed and worked through their ignorance and lack of
knowledge, to the great damage of the owners and scandal of the whole
craft aforesaid and of the drapery of the same town; whereupon, most
wise Sirs, please it your special grace to grant to the said suppliants
the ordinances underwritten, to put out and bring to nought all deceits
and damages which could hereafter befal within the craft aforesaid, and
this for God and as a work of charity.
First, be it ordained and assented that each year two masters of the
said craft be elected by the common assent of all the masters of the
same craft in the town of Bristol, and their names presented to the
Mayor of Bristol in full court of the Gildhall of the same town, and
there to be sworn on the Holy Gospels within the quinzaine of Michaelmas
at the latest to survey well and lawfully all manner of defects which
shall be made henceforward as well in dyed cloths as in wools put in
woad within the franchise of Bristol. And if any damage is done to any
person through defect of dyeing by any man or woman of the said craft,
that then he shall pay sufficient amends to the parties damaged
according to the discretion of the said two masters and of four other
indifferent persons elected by the Mayor and his Council, as the
trespass demands. And if it so be that any man or woman will not abide
by the ordinance and award of the said two masters and other indifferent
persons elected by the Mayor as before is said, that then the Mayor and
his council for the time being shall cause them to be compelled to pay
and satisfy the said persons so damaged of all that is adjudged by them.
And in case that the said two masters after their oath made be negligent
in executing their office touching their said mistery, that they be
punished and amerced according to the advice of the Mayor and of the
court aforesaid so the use of the chamber and to the common profit as is
aforesaid.
Further, that no servant or apprentice of the said mistery be henceforth
admitted to the liberties of Bristol to be a burgess sworn to exercise
the said mistery until it be testified to the court before the Mayor of
Bristol by the said two masters that they are able and well learned in
the said craft of dyeing, to save and keep the goods of the good folk
who are wont to be served for their money in the exercise of the mistery
aforesaid. And if any master of the said mistery make any such servant
or apprentice, if he be not able and well learned in the said craft, as
before is said, he shall incur the penalty of 20s. for each time, to
wit, to the use and profit of the commonalty, as before is said, 13s.
4d., and to the masters for their light, 6s. 8d., without any pardon,
provided always that the Mayor of the town of Bristol have his power and
jurisdiction to accept and make burgesses of each person presented to
him, as has been used and accustomed before these times, these
ordinances notwithstanding.
Further, forasmuch as often before these times divers folk, as well
those who have not been apprentices, servants or masters of the said
mistery, as other folk who are of other misteries, not cunning nor
having knowledge in the aforesaid art of dyeing, have taken upon them to
dye cloths and wools put in woad, as well of good folk of the town as of
the country round, which, by reason of ill management and through lack
of knowledge of the said folk, are greatly impaired of their colours and
many other defects to the great loss and damage of the owners of the
said cloths and great scandal of the town and shame of the whole craft
aforesaid, whereby the masters and apprentices of the said craft of
dyeing go vagrant for lack of work, because the said folk of other
crafts have been occupied in their said craft, to their great mischief
and undoing, therefore it is ordained and assented that henceforward no
manner of man of the same craft nor any other mistery do dye any cloth
or wool, unless it be presented by the said masters that he be good and
able and sufficiently learned in the said craft, upon pain of paying to
the Mayor and Bailiffs of the chamber for the use and common profit, as
before is said, at the first default 6s. 8d., at the second default
13s. 4d., at the third default 20s., and for each default after
the said three defaults 20s., without any pardon, so that the said
masters have for their labour the third part arising from the said
defaults for their light, provided always that all the burgesses of this
town may make their profit for dyeing in their houses their own cloths,
as has been used before these times, these ordinances notwithstanding.
And after the view of the said petition and ordinances aforesaid by the
Mayor and Common Council, it was assented that all the masters of the
said mistery of dyeing dwelling within the franchise of Bristol should
come before the Mayor to hear their said ordinances and whether they
would assent thereto and grant them or not. And by command of the ...
Mayor, Ralph Dyer ... and many others of the mistery aforesaid came in
their own persons, to whom all the said ordinances were published and
declared, and every of them in the presence of the Mayor aforesaid
granted and assented to all the ordinances and pains aforesaid, praying
of their common assent that the ordinances and pains aforesaid be
ratified, confirmed and enrolled of record in the papers of the Gildhall
of Bristol, and be put in due execution for ever, saving always to the
jurisdiction of the Mayor and Common Council of the town of Bristol that
if any ordinance or any new addition hereafter touching the mistery
aforesaid which may be profitable as well for the town as for the
aforesaid mistery, that then by the advice and ordinance of the Mayor of
Bristol for the time being and the Council of the town and also of the
masters of the said mistery, they shall be corrected and amended
according to good faith and reason and put in due execution, the
ordinances aforesaid notwithstanding. Provided also that the dyers
abovesaid be bound by these ordinances to make the assay of woad and to
work wools and cloths as well in woad as in madder of the goods of all
merchants and burgesses of Bristol, taking for their labour reasonably
as has been accustomed and used before these times. In witness whereof,
at the special prayer and request of the said masters to keep and
maintain their ordinances aforesaid, we have put hereto the seal of the
office of the Mayoralty of the town of Bristol. Given in the Gildhall of
the same town 17 March, 8 Henry IV.[192]
[Footnote 192: From the confirmation of 13 Henry IV. Printed in _The Red
Book of Bristol_, ii. p. 81.]
18. INCORPORATION OF THE FRATERNITY OF THE HABERDASHERS OF LONDON
[_Patent Roll, 26 Henry VI, p. 2, m. 23_], 1448.
The King to all to whom, etc., greeting. Know ye that of our especial
grace and the inspiration of charity, and for the especial devotion
which we bear and have towards the Blessed Virgin Catherine, we have
granted and given licence for us and our heirs, as much as in us lies,
to our beloved lieges, the men of the mistery of Haberdashers within our
city of London, that they may begin, unite, found, create, erect and
establish a gild or fraternity in honour of the same Virgin of men of
the mistery aforesaid and others, and have and hold that gild or
fraternity so begun, united, founded, created, erected and established,
and enjoy and exercise the same to them and their successors for all
future times to endure; and that they and their successors may increase
and augment the same gild or fraternity and hold the gild or fraternity
aforesaid of the said mistery of Haberdashers and any persons whom they
will receive within the fraternity aforesaid, and may elect and make
four wardens from themselves as often as they shall please or need shall
be for the governance, custody and rule of the said fraternity for ever,
as shall best please them; and that the said wardens and their
successors each year may make a livery of vesture of one suit among the
brethren and sisters of the same fraternity, and their meetings and
gatherings in places of our city aforesaid, and there in honest manner
hold and keep their feast of food and drink at the feast of St.
Catherine the Virgin, and make ordinances among themselves as often as
they shall please and as they shall deem most necessary and opportune,
and ordain and rule their mistery and correct and amend defects of their
servants by view of the Mayor of the city aforesaid for the time being
or of any person whom he shall depute hereto in his place, as they shall
deem fit to be done for the greater utility of the commonalty of our
people; and that none within the liberty of the city aforesaid keep a
shop or house of that mistery, unless he be of the liberty of that city,
nor any be admitted to the liberty of the said city in the same mistery,
unless he be presented by the aforesaid wardens or their successors and
by four other good and lawful men of the same mistery, and it be
testified to the Mayor of our said city for the time being that he is
good, faithful and fit for the same. And further of our more abundant
grace and at the supplication of our said lieges, the men of the mistery
aforesaid, we will and grant for us and our heirs, as much as in us
lies, that the same wardens and their successors be perpetual and
capable and the said fraternity be by itself a solid and perpetual and
corporate fraternity, and that that fraternity be hereafter named the
fraternity of St. Catherine the Virgin of Haberdashers in the city of
London, and the said wardens and their successors [the wardens] of the
fraternity of St. Catherine the Virgin of Haberdashers in the city of
London, and we incorporate the said wardens and their successors and the
fraternity aforesaid to endure for ever, and we make them as it were one
body and declare, accept and approve them for one body and hold them for
one body. We have granted also for us and our heirs, as far as in us
lies, to the aforesaid wardens, that they and their successors, by the
name of the wardens of the fraternity of St. Catherine the Virgin of
Haberdashers in the city of London, may acquire to them and their
successors in fee and perpetuity lands, tenements, rents, annuities and
other possessions as well of those which are held of us in free burgage
as others, provided that by inquisitions to be taken thereon in due form
and returned into the Chancery of us and our heirs it be found that it
can be done without damage or prejudice to us or our heirs or others
whomsoever, and that they may have a common seal and be impleaded and
implead others by the name of the wardens of the fraternity of St.
Catherine the Virgin of Haberdashers in the city of London for ever
before any judges in any courts, and that they may have and hold to them
and their successors all lands and tenements, rents, annuities and other
possessions whatsoever acquired by the aforesaid wardens and their
successors, and enjoy the same for ever without obstacle, impeachment or
hindrance of us or our heirs, our justices, escheators, sheriffs or
other bailiffs or ministers of us or our heirs whomsoever, the Statute
published touching lands and tenements not to be put in Mortmain, or any
other Statute or ordinance made to the contrary, notwithstanding. And
further of our more abundant grace we have granted for us and our heirs
to our aforesaid lieges and wardens and their successors aforesaid for
ever that the same wardens and their successors, wardens of the
fraternity aforesaid for the time being, have and make full search as
well in and of the mistery of Haberdashers and of every thing touching
it, as of all goods and things in any wise belonging to or incumbent on
the craft of Haberdashers aforesaid brought or hereafter to be brought
by any alien or any aliens from parts remote into our realm of England,
when they or any of them shall bring the same to the same our city or
the suburbs thereof or within three miles distant round about the said
city, and also of each such alien and of such misteries and things which
they, our privileged lieges, use or have used before these times, and
may present all defects in that behalf found by them as well upon our
said lieges as upon aliens, according to their discretions, to the Mayor
of our city aforesaid for the time being or his deputy in this behalf,
if need be, and correct and reform the same by his survey. And further
we will and by these our letters we grant to our aforesaid lieges, the
men of the mistery aforesaid, that no officer, minister, artificer,
merchant or any other whosoever hereafter search or presume to search in
any wise any our privileged liege employing the craft aforesaid nor his
goods of haberdashery, save only the four wardens of the craft aforesaid
for the time being; so that it be not to the prejudice of the Mayor of
our city of London. In witness, etc. Witness the King at Westminster the
3rd day of June. By the King himself and of the said date, etc.
19. INDENTURE OF APPRENTICESHIP [_Ancient Deeds_, A 10022], 1459.
This indenture made between John Gibbs of Penzance in the county of
Cornwall of the one part and John Goffe, Spaniard, of the other part,
witnesses that the aforesaid John Goffe has put himself to the aforesaid
John Gibbs to learn the craft of fishing, and to stay with him as
apprentice and to serve from the feast of Philip and James[193] next to
come after the date of these presents until the end of eight years then
next ensuing and fully complete; throughout which term the aforesaid
John Goffe shall well and faithfully serve the aforesaid John Gibbs and
Agnes his wife as his masters and lords, shall keep their secrets, shall
everywhere willingly do their lawful and honourable commands, shall do
his masters no injury nor see injury done to them by others, but prevent
the same as far as he can, shall not waste his master's goods nor lend
them to any man without his special command. And the aforesaid John
Gibbs and Agnes his wife shall teach, train and inform or cause the
aforesaid John Goffe, their apprentice, to be informed in the craft of
fishing in the best way they know, chastising him duly and finding for
the same John, their apprentice, food, clothing linen and woollen, and
shoes, sufficiently, as befits such an apprentice to be found, during
the term aforesaid. And at the end of the term aforesaid the aforesaid
John Goffe shall have of the aforesaid John Gibbs and Agnes his wife
20s. sterling without any fraud. In witness whereof the parties
aforesaid have interchangeably set their seals to the parts of this
indenture. These witnesses:--Richard Bascawen, Robert Martyn and Robert
Cosyn and many others. Given at Penzance, 1 April in the 37th year of
the reign of King Henry the Sixth after the Conquest of England.
[Footnote 193: May 1.]
20. A RUNAWAY APPRENTICE _[Early Chancery Proceedings, File 6, No. 7],
c._ 1425.
To the most reverend father in God and his most gracious lord, the
bishop of Winchester, chancellor of England.
Beseecheth meekly William Beverley of London that whereas William
Batyngham has been arrested and detained in prison in Salisbury at the
suit of the said beseecher, for that he was his apprentice and departed
from his service here in London, and has been the whole time since ...
wandering in divers towns, as in Winchester, Bristol and elsewhere, so
that the said beseecher could not find him until now of late suddenly,
and so it is that upon the matter abovesaid his said suit cannot be
determined in Salisbury, for that the retaining and departing did not
take place within the said town: Please it your most gracious discretion
to grant to the said beseecher a writ directed to the mayor, bailiffs
and keeper of the gaol there and to each of them to have the body of the
said William Batyngham with such a clause "by whatsoever name he be
known," before you at a certain day to be limited by you, considering
that he has no other remedy, and that for God and in work of
charity.[194]
[Footnote 194: This case illustrates the growing habit of appealing to
the Chancellor's equitable jurisdiction, a characteristic feature of
fifteenth century administrative and legal history.]
21. INCORPORATION OF A GILD FOR RELIGIOUS AND CHARITABLE USES [_Patent
Roll, 25 Henry VI, p. 2, m. 5_], 1447.
The King to all to whom, etc., greeting. Know ye that of our especial
grace and out of reverence for the Holy Trinity we have granted and
given licence for us and our heirs, as much as in us lies, to Ralph,
lord of Cromwell, and Thomas Thurland that they and one of them, to the
praise and honour of the Holy Trinity, may begin, found, erect, unite,
create and establish a fraternity or gild perpetual in the church of St.
Mary of Nottingham of an alderman and two wardens and brethren and
sisters of the parishioners of the same church and others who of their
devotion shall wish to be of the same fraternity or gild, to endure for
perpetual times to come; and that the said alderman and wardens and
brethren and sisters of the fraternity or gild aforesaid, when it shall
be thus begun, founded, erected, united, created and established, and
their successors, be in fact and name one body and one perpetual
commonalty, and have perpetual succession and a common seal to serve for
the affairs of that fraternity or gild, and be persons able and capable
in law to purchase to them and their successors in fee and perpetuity
lands and tenements, rents and other possessions whatsoever of persons
whomsoever; and that the same alderman and wardens and brethren and
sisters and their successors for ever, by the name of the alderman and
wardens and brethren and sisters of the fraternity or gild of the Holy
Trinity of Nottingham, may plead and be impleaded before any judges
soever in any courts and actions whatsoever. And further we will and by
these presents we grant that the same alderman and wardens and brethren
and sisters and their successors may augment the same fraternity or gild
when it shall be thus begun, founded, erected, united, created and
established, and receive new brethren and sisters into the same
fraternity or gild, as often and when it shall seem to them hereafter
necessary and opportune; and also once a year elect and make from
themselves and their successors an alderman and two wardens to support
the charges of the business touching and concerning the said fraternity
or gild, and to rule and govern the same fraternity or gild. And
further, of our more abundant grace we have granted and given licence
for us and our heirs, as far as in us lies, to the aforesaid alderman
and wardens and brethren and sisters and their successors, that, when
the same fraternity or gild shall be thus begun, founded, erected,
united, created and established, or their successors, for the
maintenance of two chaplains to celebrate divine service for the good
estate of us and Margaret our consort while we shall live and for our
soul when we shall have departed this life and the souls of all our
progenitors deceased, and for the good estate of the brethren and
sisters of the same fraternity or gild, while they shall live, and for
their souls when they shall have departed this life, and the souls of
all the faithful departed, in the church aforesaid, according to the
ordinance of the aforesaid Ralph, lord of Cromwell, and Thomas, or one
of them, or their executors or assigns, to be made in this behalf, and
for the relief of the poor and feeble brethren and sisters of the said
fraternity or gild, they may purchase lands and tenements, rents and
services, which are held of us in chief or burgage or by any other
service soever or of others by any service soever, to the value of 20
marks a year beyond reprises, from any person or any persons soever
willing to give or grant the same to them, without fine or fee to be
taken or paid therefor to the use of us or our heirs, to have and to
hold to the same alderman and wardens and brethren and sisters of the
fraternity or gild abovesaid and their successors for the maintenance of
the said two chaplains and for the relief of the poor and feeble
aforesaid, as is said above, for ever; the Statute published touching
lands and tenements not to be put in Mortmain, or any other statute or
ordinance published or made to the contrary, notwithstanding; provided
that it be found by inquisitions duly to be taken thereon and lawfully
returned into the Chancery of us and our heirs, that it can be done
without damage or prejudice to us or our heirs or others whomsoever. In
witness whereof, etc. Witness the King at Bury St. Edmunds, 20 February.
By writ of privy seal, and of the date aforesaid by authority of
Parliament, and for 20 marks paid in the hanaper.