CHAPTER V

THE TOWNSPEOPLE

NO dispute has raged more fiercely in this century, not only in England

but throughout Europe, than the dispute as to what qualifications

should make a man fit to take part in the government of his state. The

possession of property in land, a fixed yearly income, birth into a

certain rank, a standard of age, some degree of education—these and

other tests of merit have been applied in the hope of securing that

every active citizen shall be distinguished by a fitting capacity,

whether proved by his own attainments or guaranteed by the virtues or

the prosperity of his ancestors. But the anxieties and cares of great

states in this matter are only the repetition on a grand scale of the

perplexities that beset the humble communities who first tried to solve

the problem of how a society of freemen could best rule themselves. In

the early “communitas” of the village or town out of which the later

chartered borough was to grow—a community which possessed common

fields or customary rights of common over surrounding meadows, and

which had doubtless found some regular system for the management of its

own affairs[306]—the obvious course was to count as the responsible

men of the township the land-holders who had a share in the common

property; and when the community had received the charter which made

it into a free borough the same system was naturally continued. Those

who owned a house and a certain amount of land, measured according to

the custom of the borough, formed the society of burghers,[307] and

to the townspeople, as to Swift centuries later, the definition of law

was “the will of the majority of those who have the property in land.”

Equality of possessions brought with it equality of civil rights, and

each community formed a homogeneous body whose members were all subject

to the same conditions and shared in the same interests. When the

burgher’s life was over, the son who inherited his property appeared

before the bailiffs within forty days, to deliver up to them his

father’s sword and take the freeman’s oath;[308] and the common life

went on undisturbed by the intrusion of any foreign element, vagrant,

restless, encroaching.

But such simple conditions of life, only possible in a stationary

agricultural society,[309] disappeared when industry and commerce

brought their revelation of new standards of prosperity. In the course

of a very few generations there was scarcely a trace left of that

primitive relation of equality out of which the early equality of

rights had sprung. As the country folk migrated in increasing numbers

from manor and village to the town[310] old rigid distinctions were

swept away, and the simplicity and uniformity of the burgage tenure

was completely broken up. In Liverpool, for example, the burgages

originally established by John were already in the fourteenth century

divided into small fractions one-eighth or even one-forty-eighth part

of their original size;[311] and the amount of land held by owners

of property in Nottingham in the fifteenth century varied so much

that the taxes levied on them were in some cases as high as £3 14_s._

7½_d._, in other cases as low as a farthing.[312] The owners of capital

began to thrust out the owners of land; the shopkeeper replaced the

agriculturist, the tradesman and the artizan exercised a new power, as

the boroughs quickly adapted themselves to the changing conditions of

the time and opened one door after another for the bringing in of new

members whose wealth or whose skill might benefit the community. The

ownership of land still carried with it its ancient rights.[313] But

the son of a freeman who himself owned no land might be made a burgher

in his father’s lifetime. Aliens might buy the franchise. Craftsmen

were admitted into the circle of the citizens.[314] Recruits from every

class and from every nation pressed into the ranks of burgesses. There

were foreigners from Bordeaux or from Flanders or from Lisbon,[315] and

Irishmen in abundance, in spite of occasional outbursts of hostility

in which Irish burghers were deprived of their freedom, “till they

bought it again with the blood of their purses, and with weeping eyes,

kneeling on their knees, besought the mayor and his brethren of

their grace.”[316] No limit was set, whether of race, or occupation,

or descent, or wealth, if they “are born in the city and be of good

report, and if their presence may be profitable to the city as well as

for his wisdom, as also for any other validity or worth known to the

citizens.”[317] The new society took in alike traders, agriculturists,

bondmen looking for freedom,[318] parish priests,[319] merchants who

owned eight or ten ships and employed over a hundred workmen; small

masters with but a single journeyman or perhaps two; artizans just

released from apprenticeship and enrolled as members of some craft

gild; rich folk who held several burgages, and men who rented a tiny

shop. Everywhere the town communities were fast outgrowing the old

simple traditions of common acquaintance and friendship, and throughout

the fifteenth century the seals of the frequent new comers were so

unfamiliar to their fellow citizens that deeds of sale had constantly

to be brought to the Mayor for the addition of his seal of office to

overcome hesitation and distrust.[320]

The hospitality of the corporations differed from place to place.

Sometimes a borough threw its gates wide open and welcomed any new

comer who would but choose one of the half-dozen avenues to citizenship

that lay before him,—who would buy land, or marry a free woman, or

pay the fixed price for his freedom, or serve his apprenticeship

to a trade, or accept the franchise as a gift from the community;

while a neighbouring town, looking on aliens with jealousy and

hesitation, would close its doors and cling to some narrower system

of enfranchisement which kept its ranks pure from foreign blood, and

its burghers free from anxieties of competition.[321] Each community

in fact had full liberty to order its own political experiment. In

the matter of choosing their fellow burgesses, of framing their own

society and fixing the limits of its growth, the citizens knew no law

and recognized no authority beyond their own,[322] and enjoyed herein

a measure of independence unknown in continental countries where a

powerful feudal system still barred every road to freedom.

When a new comer who desired to be “franchised for a free man, ...

and fellow in your rolls”[323] was accepted by the commonalty he was

summoned before them in a public court, “having with them the common

charter of the city; and then the steward shall take the book, and

bid them lay their right hands thereon, commanding all those that are

standing by, in the behalf of our Lord the King, to keep silence,” and

the oath of obedience to the King and fidelity to the customs of the

town was administered,[324]—perhaps, as at Winchester, the “oath to

swear men to be free, kneeling on their knees.”[325] The candidate had

further to find two or more good men as pledges that he would “observe

all the laws;”[326] and to pay the customary fees, which varied with

the caution or the poverty of the borough from three shillings to five

pounds; while a poor corporation like Wells was content to receive its

payments in wine or gloves or wax when money was scarce.[327]

The new burgess was then required to give security to the town for

payment of taxes or any other municipal claims by proving that he had

either a good yearly revenue or a tenement, or by at once building

himself a house.[328] A wooden framework was put together either

on some building ground or perhaps in a vacant space in the open

street,[329] and was then carried to the new site. The interstices were

quickly filled up with plaster, and the little tenement was complete. A

couple of rough benches and one or two pots and a few tools served as

furniture, and the new burgess entered into possession and began life

as a citizen householder. Henceforth he was bound to live within the

walls of the borough, for his franchise was forfeited if he forsook the

town for a year and a day.[330] Over the house, which was the town’s

security for rent and taxes, the municipality kept a watchful eye: if

it became ruinous and dangerous to the passer-by it was thrown down

at the owner’s cost, or if needful at the cost of the commonalty; if

through neglect or poverty it fell into decay the next heir and the

commonalty together could compel him to put it in order or give it

up.[331] Once or twice a year the burgher had to appear at the Portmote

or Borough Court to prove his presence in the town, and to take his

necessary part in the duties of the court.[332] An unwavering loyalty

and public spirit was demanded of him, and the loss of “frelidge,”

as they said in Carlisle, avenged any breach of public duty, such as

a refusal to help the Mayor in keeping the peace, clamour and undue

disturbance at the election of town officers, revealing the counsels

of the Common Assembly, resistance in word or deed to the municipal

officers, contempt of the Mayor’s authority, or any offence for which

the punishment of the pillory or the tumbrill was adjudged.[333] For

such things the burgher was “blotted out of the book of the bailiff”;

and the forfeiture of his freedom was declared by open proclamation

of the common crier, or by sound of the town bell, or by having his

name written up on a Disfranchised Table in the Guild Hall,[334] so

that all the town should know his shame. In Preston those who betrayed

the municipal confidence or exposed the poverty of the town were not

only deprived of the franchise, but their toll was taken every day as

of forsworn and unworthy persons who could not be trusted beyond the

passing hour.[335]

It was no mean advantage to be a burgher in those days, when nearly all

material benefits and legal aids and political rights were reserved

for the favoured classes, and when it was the towns that opened for

the working man and the shopkeeper a way to take their place too among

the people of privilege. The burghers, of course, shared alike in

rights of common and of pasturage on the town lands, of fishing in

the town waters,[336] of the ferry across the stream or sea channel,

and so forth; but their pre-eminent privilege was the right to trade.

If ordinary inhabitants were allowed to buy and sell food or the bare

necessaries of life, all profitable business was reserved as the

monopoly of the full citizen.[337] Protected from the intrusion and

the competition of the alien,[338] he paid a reduced toll for his

merchandize at the entrance of the town; his stall in the market was

rented at a lower price than that of the stranger; he had the first

choice of storage room in the Guild Hall for his wool or leather or

corn; the town clock which tolled the hour when the market might begin,

struck for the burgher an hour or two earlier than for strangers and

visitors.[339] If a travelling merchant brought his wares to the

town the citizen might claim the right of buying whether the owner

wished to sell or no, and might insist on a share in the profits of

any mercantile venture.[340] He alone might keep apprentices, and

become a master in his craft. If he travelled outside his own town

for the purpose of trade he carried privilege with him everywhere, and

confidently claimed freedom from “pontage” and “passage” and “pesage”

and “shewage,”—that is from tolls for crossing bridges, for passing

into a town, for the weighing of goods, for showing merchandize in the

market,[341]—and from a host of similar imposts. Wherever he went he

was shielded by the protection of his fellow citizens;[342] if he had

an action for debt in any other town he was granted common letters from

the Mayor and Jurats to assist him in his suit;[343] if any wrong was

done him they enforced compensation, or they avenged his injuries by

confiscating the goods of any merchants within their walls who had come

from the offending town.

Legal safeguards and privileges moreover fenced him about on every

side. He could only be impleaded in the courts of his own town, and any

fellow citizen who brought an action against him outside the borough

might be disgraced and disfranchised;[344] while the King himself could

not summon a burgher to appear before his judges at Westminster, save

on the plea that there had been “lack of justice” at the first trial

in the court of his own town. No “foreigner” might meddle in any legal

inquiry in which their houses and property were concerned;[345] while,

on the other hand, every citizen from twelve years old could serve on

juries for the town business.[346] Peculiar favours were extended to

the burgher,[347] as at Worcester where there were special provisions

to protect him from any wrongful fine by the bailiff,[348] and the

city sergeant had to do any legal business required of him at reduced

fees; or at Canterbury, where special formalities of trial assured to

him a more exact and careful justice; or at Sandwich, where he could

be tried only before the mayor, and could not be summoned before his

deputy like a common stranger.[349] Everywhere he could claim the right

of being separated from the common criminals and imprisoned in some

tower or room in the Guild Hall used as the Freeman’s prison.[350]

But all these privileges were far from being a free gift to be enjoyed

in idle security; and to each individual burgher the franchise

practically meant a sort of carefully-adjusted bargain, by which he

compounded for paying certain tolls by undertaking to do work, and

work which might be both costly and laborious, for the community. The

body of citizens was but a small one, and every man in it was liable

at some time or other to be called on to take his part in the public

service. Taxation for the town expenses, watch and ward, service on

juries, the call to arms in defence of the borough, were incidents

as familiar as unwelcome in every burgher’s life; but a more serious

matter was the summons to take office and serve as mayor or bailiff or

town clerk or sergeant or tax-collector or common constable—offices

not always coveted in those days, when the mayor was held personally

responsible for the rent of a town which was perhaps vexed with

pestilence or wasted with fire; when treasurers had to find funds as

best they could for too frequent official bribes or state receptions

of great lords or court officers; when bailiffs had to meet the loss

from failing dues and straitened markets;[351] when the boxes of the

tax-collector were left half empty through poverty, or riots, or

disputed questions of market-rights;[352] and when the constable was

“frayed” day and night by sturdy men, dagger in hand, ready to break

the King’s peace.[353] Many modes of escape were tried. The inhabitants

would refuse to take up the franchise, or they would leave the town

for a time;[354] an elected officer would plead a vow of pilgrimage

to “S. James in Gallice;” or an influential burgess might obtain

letters patent from the King which granted him freedom from serving

any municipal office during his life.[355] But generally a heavy fine

compelled the submission of a refractory citizen, and in the last

resort the community would apply for a writ against him from the Privy

Council.[356] The town allowed no excuses, and everywhere the citizens

were forced by stringent laws to take on them the offices to which they

had been elected by their fellows. In Lydd an order was made in 1429

that any one who had been appointed by the bailiff or jurats to take

any journey on town business should pay a fine if he refused without

reasonable cause.[357] In the Cinque Ports generally if a citizen who

had been elected as mayor or jurat declined to serve, his house was

pulled down;[358] or as at Romney the bailiff with the whole community

went to his dwelling, turned himself, his wife, his children, and all

his household into the street, shut the windows and sealed the door,

and so left matters until “he wished to set himself right by doing

the said duty of jurat.” In Sandwich again, “if a person when elected

treasurer will not take upon him the office he shall not be permitted

to bake or brew, or if he does bake or brew the commons may take his

bread and beer to their own use till he accepts the office.”[359] At

the worst, however, the burgher might thankfully remember that his

public duty practically ceased at the wall and moat that bounded the

town, and that when he had paid down his money towards the buying of

the town charter he was at least safe from the danger of being sent as

tax-collector or constable or juror anywhere throughout the country

round.[360]

The privileges and duties of the free citizen remained, however, the

endowment of the few. That larger conception of the common rights of

man which had begun to make its way in the boroughs, was checked and

hindered at every turn by the complicated conditions of town life, by

the jealousy of established settlers as to new comers, the exclusive

temper which the crafts had begun to show, the terror of the trader

before free competition, the imperfectly developed authority of the

corporations over the space within the town walls, where it had failed

to break the barriers of feudal custom and the claims of ecclesiastical

corporations. Howsoever the towns widened their borders, there was

still a growing population which lingered just outside the circle of

free citizens, shut out by one cause or another from full municipal

liberty. Settlers came who did not care to burden themselves with the

duties and charges of citizenship; there were dwellers in churchyards

and tenants of ecclesiastical estates, who carried on their business

within the town liberties but remained without the town jurisdiction;

landowners from outside the walls brought their corn and wool to the

town market; traders came from time to time with wares to sell; there

were apprentices and journeymen, escaped bondmen, and country-folk

coming to look for work. As all of these alike needed the protection

of the town, so the town needed their services; and by degrees their

respective duties and rights were laid down in charters, in ordinances,

or in friendly compacts.

I. Thus it came about that below the ranks of the burgesses, themselves

secure in their municipal supremacy, were ranged orders of men more

or less highly favoured according to their degree. First came the

inhabitants who had paid for special rights of trade in the town, or

were admitted as members of the Merchant Guild. In times of commercial

prosperity when wandering dealers and artizans were attracted to

some thriving borough for trading purposes they went to swell this

class of independent inhabitants, subject to the jurisdiction of the

town courts, but taking no part in its politics;[361] so that it

occasionally happened, as in Norwich and Worcester, that the town

refused to harbour this body of irresponsible inhabitants and passed

a law ordering them to become citizens.[362] When on the other hand

trade declined and poverty settled down on the town, as in Romney

and Winchester, the failing fortunes of the people were marked by a

steady decrease of the class of “advocantes,” or those who would “avow”

themselves freemen, and inhabitants who in their distress refused

or renounced the franchise,[363] were driven into the ranks of the

politically unfree.

II. So long as the trading inhabitants owned the jurisdiction of the

town courts their presence brought no serious difficulty to the ruling

authorities. But within the town walls there were other groups of men

who lay beyond this jurisdiction, and held an ambiguous position which

was the source of many a quarrel for ascendency and many a struggle

for license in the course of the fifteenth century. These were the

tenants and dependants of bishop or abbot, of some lay lord, or of the

king’s castle—men who lived within the liberties of the borough and

who had the right of trading in the town, but who were bound to do

suit and service at the courts of their own special lord.[364] To some

extent they were forced to recognize the mayor’s authority, since their

rights of trade were guaranteed by his protection, and since he yearly

reminded them of his power to levy taxes on all property within the

liberties of the borough. But their obedience was grudging and their

loyalty was cold. The mayor could not awe them by a summons to his

court, or enforce his demands with threat of pains and penalties; he

could scarcely terrify them into submission with his sergeant and a few

constables. By degrees, it is true, the tenants of the king’s castle or

of feudal lords became merged in the general body of the inhabitants.

But the tenants of ecclesiastical estates[365] were maintained by

lords who were bound by every tradition of their order never to yield

up the least jot of authority to the secular power, and least of all

to the secular power as represented by groups of upstart drapers and

fishmongers and weavers whose humble shops and booths leaned against

the walls of the abbey or the priory, and whose pretensions, loud

and noisy though they might be, were perhaps a century or so old at

the best. The ecclesiastical tenants therefore remained everywhere

an alien body, no true partakers in the life of the town, and when

supported by a powerful bishop or abbot determined to crush the

pretensions of a struggling borough they proved a serious danger

to municipal unity, and one which the authorities found themselves

powerless to conquer till the Reformation settled the question for ever.

III. There was another class of privileged traders,—those who lived

altogether outside the town,[366] who knew nothing of its courts, and

bore none of its charges. We find everywhere these country traders

under various styles and with various privileges according to the

town’s discretion and convenience. Sometimes the citizens sold rights

of trade to cultivators of the surrounding lands and occasional

visitors to fair or market, and nobles and landowners were ready to

give large yearly payments for freedom of the market and for the right

of having granaries in the town. Peasants who owned a plot of land

just outside the borough increased their scanty store by learning some

little handicraft or doing a small trade in the town; or craftsmen

settled down beyond the boundaries to escape the town dues and live

more cheaply. At first the settlement of workmen and traders at their

gates may have seemed a matter of small consequence, but as time went

on the danger which was hidden in these communities of free-traders

became apparent. The manufacturer or dealer was able by one device or

another to protect himself against the enterprising man of the suburbs

who came in with his cheaper goods; it was the journeymen of the towns

who failed before the stress of the battle, driven back from their

poor entrenchments by the masses who pushed forward on all sides to

contest with them admission into the lower ranks of industry where the

scantiest skill sufficed to earn a bare subsistence.

IV. Last of all came the non-burgesses, who had neither any share in

the government, nor any rights to rent a stall in the market, nor to

own shop or workroom in the town. These formed an obscure company of

workers without records or history. They counted among their number

ancient burghers who had fallen into low estate and could no longer pay

their burgage dues, as well as the poor who had never prospered so far

as to buy a tenure or citizenship. But they were not all necessarily

poor or miserable.[367] Rich merchants came from foreign parts to

settle for four or eight months at a time, as the law might allow

them, and bought and sold within the four walls of the room which the

Town Council had ordered in some inn as their dwelling-place, with the

host standing at their elbow to witness every bargain. Foreign workmen

sometimes came to settle, like the Flemish weavers in Bristol, or the

Dutch makers of canals and sluices whom we find in the towns of the

southern coast. Companies of tilers or builders gathered in towns

where stone houses were becoming the fashion, or where the Council

had issued an order that within the next few months every house must

provide itself with roof and chimney of brick or tiles.[368] The

seaports had their uncertain element of sailors, “shipmen that had

nought, and cared never an they were once on the sea whether they come

again or not,” and who at Yarmouth formed a riotous population, so that

it was said that “no thrifty man would live in it.”[369] Labourers

from the country came in to win freedom from serfage. Others came to

look for higher wages, and the hope which town life held out to the

enterprising and the ambitious; so that in 1405 an Act of Parliament

declared that the fields were deserted, and the “gentlemen and other

people of the nation greatly impoverished” by the labourers seeking

apprenticeship in towns, “and that for the pride of clothing and other

evil customs that servants do use in the same.”[370] Children came,

constantly as young as seven, never older than twelve—when they were

expected to begin the work of life just as at that age their brothers

of a better station took on themselves the duties of citizenship, for

“every poor man that hath brought up children to the age of twelve

year waiteth then to be holp and profited by his children.”[371]

Thenceforward they had to fight their own way, looking for assistance

not to their fathers but to their patrons, “whence it proceeds that,

having no hope of their paternal inheritance, they all become so greedy

of gain that they feel no shame in asking almost ‘for the love of God,’

for the smallest sums of money; and to this it may be attributed that

there is no injury that can be committed against the lower orders of

the English that may not be atoned for by money.”[372]

But if apprenticeship ever brought with it “pride of clothing,” the

poor working class of the towns fared roughly and worked hard among

artizans who “hold full hungry house,” who know “long labour and

light winning,” who taste no wine from week to week, whose bed has

no blanket, and on whose board no white bread ever comes.”[373] Once

this rough living and rougher toil had been a sure way of entering

into the privileges of municipal freedom. But even in the fourteenth

century this was no longer the case. The poorer burghers opposed the

admission of new comers to share their common lands, and insisted on

selling the franchise dearly. The crafts had already begun to form

themselves into close companies, and by prohibitive fines shut out all

save the descendants of their own members; while at the same time the

custom was growing up that the town franchise should be given only

to those who were enrolled in a craft or trade guild; and strangers

therefore found the way barred against them; they could neither become

masters in their craft nor burgesses in their town, and went to swell

the general mass of journeymen and serving men. Moreover the Peasant

Revolt had carried with it widespread terror, and from that time some

towns, as for instance York and Bridgenorth, refused to allow any born

bondman, whatever his estate, to receive the freedom of the city. Thus

from one cause or another groups of men were formed in the midst of

every town who were shut out from the civic life of the community,

and whose natural bond of union was hostility to the privileged class

which denied them the dignity of free citizens and refused them fair

competition in trading enterprise. The burghers yearly added to their

number half a dozen or perhaps even a score of members wealthy enough

to buy the privilege, while the increase in the unenfranchised class,

which had begun very early in the town life, proceeded by leaps and

bounds; till presently the old balance of forces in the little state

was overthrown, the ancient constitution of a free community of equal

householders was altogether annulled and forgotten, and a comparatively

small class of privileged citizens ruled with a strong hand over

subject traders and labourers to whom they granted neither the forms

nor the substance of liberty.

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