CHAPTER VII

BATTLE FOR FREEDOM

(1.) _Towns on Royal Demesne_

SO auspicious a beginning of municipal life as was granted to Ipswich

did not however fall as a matter of course to the lot of every English

town, nor was political liberty by any means an inevitable consequence

of favourable commercial conditions, or necessarily withheld from

boroughs in a humbler way of trade. In a society where all towns alike

depended upon some lord of the manor who owned the soil and exercised

feudal rights over his tenants, that which mainly determined for each

community the measure of independence it should win, and the price

which its people should pay for liberty, was the form of lordship to

which it was subject. By the decisive accidents of position and tenure

the fate of the town was fixed, rather than by the merits or exertions

of the burghers.

First among the boroughs in number and importance were those in

“ancient demesne”—that is, boroughs which held directly from the

king, and were therefore reckoned as being a part of the national

property, such as Canterbury, York, Winchester, Southampton, Yarmouth,

Nottingham, Gloucester, and so on. A second group was formed by the

towns which belonged to a lay noble, like Morpeth, Berkeley, or

Leicester; or were held by him as a special grant from the king, as

Barnstaple or Liverpool. Finally there were the towns on ecclesiastical

estates, whether they were the property of a bishopric like Lynn, which

was under the Bishop of Norwich, Wells under the Bishop of Wells,

Romney and Hythe under the Archbishop of Canterbury; or whether they

owed suit and fealty to a convent, as the towns of Reading and St.

Albans, which belonged to the abbots of those monasteries respectively,

Fordwich to St. Augustine’s at Canterbury, Weymouth to St. Swithun’s

at Winchester.[425] In all these various groups the towns were equally

willing to relieve their feudal superior, king or lord or bishop,

of the cares of government, and the only question was how far the

king would go in supporting these demands, or how far the noble and

ecclesiastic could be compelled to acquiesce in a re-distribution of

feudal jurisdiction and privileges in favour of traders and “mean”

people.

Happily for the national wealth and freedom the great majority of

towns in England, and almost all those of importance, were part of

the royal demesne, and the king was lord of the soil. Fenced in by

privileges which had been devised to protect the interest of the King,

and which they gradually found means to transform into institutions

for the protection of their own interests, the burghers on ancient

demesne were bound into one fellowship by the inheritance of a common

tradition and common immunities;[426] and regarding their towns as the

very aristocracy among the boroughs, enjoyed a self-conscious dignity

such as the Great Powers of Europe might feel towards the less favoured

minor States. There is the ring of a haughty spirit in the answer sent

by the men of Hereford when the people of Cardiff begged for a copy of

their “customs” to help them in deciding on the constitution of their

own government. “The King’s citizens of Hereford,” they say, “who have

the custody of his city (in regard that it is the principal city of

all the market towns from the sea even unto the bounds of the Severn)

ought of ancient usage to deliver their laws and customs to such towns

when need requires, yet in this case they are in no wise bound to do

it, because they say they are not of the same condition; for there

are some towns which hold of our Lord the King of England and his

heirs without any mesne lord; and to such we are bound, when and as

often as need shall be, to certify of our laws and customs, chiefly

because we hold by one and the same tenure; and nothing shall be taken

of them in the name of a reward, except only by our common town clerk

for the writing and his pains as they can agree. But there are other

market towns which hold of divers lords of the kingdom wherein are both

natives and rustics of ancient time, who pay to their lords corporal

service of divers kinds, with other services which are not used among

us, and who may be expelled out of those towns by their lords, and may

not inhabit in them or be restored to their former state, but by the

common law of England.[427] And chiefly those and others that hold by

such foreign services in such towns are not of our condition; neither

shall they have our laws and customs but by way of purchase, to be

performed to our Capital Bailiff as they can agree between them, at the

pleasure and to the benefit of the city aforesaid.”[428]

I. Singular advantages, indeed, fell to the lot of towns thus happily

situated on the national estate. The King was a Lord of the Manor too

remote to have opportunity for overmuch meddling, and too greatly

occupied with affairs of state to concern himself with the details

of government in his numerous boroughs.[429] County magnates might

cling passionately to the right of holding local courts as sources

of power, and yet more important sources of wealth; but such rights

were of small consequence to a powerful sovereign, who as supreme head

of the law could call up criminals to his own judgement seat from

every court in the country.[430] Confidence of supremacy made him

careless to put it to the test by abrupt assertions of authority, as

private owners, apprehensive and uncertain, might be tempted to do;

and in his indifference to small uses of power and devices for paltry

gain, he held loosely to rights that brought much trouble and little

profit.[431] So long as his yearly ferm was punctually paid,[432] he

was ready to grant to the townsfolk leave to gather into their own

treasury the petty sums collected at the borough or manor courts,[433]

or to make their mayor the king’s escheator; and while he thus won

their gratitude and friendship he lost nothing by his generosity. In

surrendering local claims for a fixed payment, he not only relieved

himself of the charge of salaries to a multitude of minor officials,

but he had no longer to suffer from the loss of fines and dues and

forfeitures which were nominally levied for the King, but which had

a constant tendency to find their way into the pockets of the town

officers or the tax-collectors rather than into his exchequer. In many

cases, moreover, he may have gained considerably by the price which he

demanded for his favours; and the royal accounts possibly give a very

inadequate record of the number of special gifts of money and yearly

annuities paid by boroughs to the King in return for liberties granted

to them.[434]

II. As lord of the manor, therefore, the King was a liberal master,

always ready to arrange a compromise with his tenants as to vexatious

feudal claims. But he was equally ready to listen to their prayers for

freedom from the control of officers of the Shire and the Hundred.

So long as it was to the benefit of the central authority to break

up and weaken provincial governments, to curtail the powers of the

sheriff, to confound ambitious designs of local magnates, and shatter

pretensions on the part of the nobles which might tend to strengthen

hereditary enemies of the crown, so long the townspeople might count on

the sovereign’s support in the struggle for independence. In questions

therefore that arose as to rival jurisdictions, in claims put forward

by a borough against neighbouring lords for rights of navigation

or pasturage or fishing, in all disputes which were carried in the

last resort to the arbitration of the king, his sympathy, especially

if a fitting “courtesy” was offered by the burghers, was with his

borough.[435] Powers won from local governments or from feudal lords

were divided between the King and the municipality; and under shelter

of the royal authority large rights of local self-government were

rapidly gathered into the burghers’ hands. Functions once exercised

by the bailiff of the hundred and the sheriff of the county were

handed over to the mayor; he collected the fee-ferm, held the view of

frankpledge, levied taxes,[436] mustered the men-at-arms, and presided

over civil and criminal courts.

III. Nor was there any serious difficulty as to the exercise of

the sovereign rights of the crown. To the King it mattered little

whether he sent a special deputy direct from the court, or whether he

delegated powers to the mayor, and used him as an official immediately

responsible to the crown; while on the other hand such a change meant

much present solace to the townsfolk. A compromise was therefore

easily brought about between the monarch and the people. The mayor was

invariably appointed as the King’s Clerk of the Market, the Measurer

and Gauger at the King’s Standard, the Manager of the King’s Assize;

he became the representative of the sovereign in the most important

charges of administration, as one of the King’s Justices[437] in the

town, as Admiral,[438] as Mayor of the Staple. Administrative changes

such as these left the power of the sovereign untouched and cost him

nothing; while on the other hand the central government was by this

means provided with a ready-made staff of trained officials,—a staff

which the King could not possibly have created,[439] nor paid out of

his empty exchequer even if he had been able to create it—but which

had become absolutely essential for carrying out the supervision

of local affairs at a time when such supervision was growing more

important every day, from the point of view both of the King and

of the people. The towns on their side, relieved by the new system

from miseries[440] under which they had suffered, readily forgot

distinctions between laws made by them and made for them, so long as

these were administered by officers of whom they were allowed the

election and control.[441]

IV. Finally if the towns suffered from the officers of the royal

household, a remedy was easily granted them. The sovereign found no

personal inconvenience in transferring the duties of these officers

to the governors of the boroughs themselves; and the mayor or bailiff

became the King’s Steward, and Marshal of the King’s Household in the

borough. In short, as the towns advanced to independence, all manner

of powers and responsibilities were heaped together on their chief

officer, with no clear discrimination between his various and oddly

mingled functions. Men did not pause to ask which of his masters the

mayor at any given moment was serving, whether he was acting as head of

the city government to carry out the burghers’ will, or as the officer

appointed by the sovereign to execute his laws;[442] and nice questions

as to the exact division of authority which had really taken place were

so manifestly irrelevant in presence of the harmonious concentration

of all power in a single hand, that jealousies and suspicions on both

sides were allayed, to the great furtherance of peace and concord. To

the mediæval poet who drew a picture of Love as “the leader of our

Lord’s folk in Heaven,” standing as a “mean” or mediator of peace,

there was one obvious comparison—even “as the mayor is between the

King and the commons.”[443]

The history of the royal boroughs, therefore, so far as their relations

with the King are concerned, reduces itself into a long list of favours

asked and given. Frequent troubles of state no doubt stimulated the

generosity of sovereigns; and times of political disturbance and

revolution proved occasions when the towns rose into independence

through the necessities of kings, who confirmed old franchises and

granted new ones, and “right largely made charters thereof, to the

intent to have the more good-will and love in their land.”[444]

The civil wars under Henry the Second,[445] the money difficulties

of Richard and John, the troubled minority of Henry the Third, the

disorders under Edward the Second, the commercial policy of Edward the

Third, the political insecurity of Henry the Fourth after his seizure

of the throne, the financial needs of Henry the Fifth, the tumults

and fears of the reign of Henry the Sixth, the anxiety of Edward the

Fourth to conciliate the kingdom,—all these were so many heaven-sent

opportunities for the burghers to win new instalments of local liberty;

while the two periods of reaction brought about by the fear of the

Peasant Revolt under Richard the Second, and the nervous apprehensions

of Richard the Third, were themselves made use of by the governing

class in the boroughs to confirm and tighten their authority. So

monotonous indeed is the record of the burghers on the royal demesne,

all moving together along the same well-beaten road to independence,

winning the same privileges, even winning them at the same time,[446]

that a brief statement of liberties secured by any single city will

serve to illustrate the general history of all.

Up to the time of Henry the Second Norwich enjoyed certain liberties

and privileges, but its citizens were practically feudal servants of

the King, who appointed their governors, took the profits of their

courts, and looked on the city as a private possession of his own.

Their true freedom began with the charter granted them in 1194 by

Richard the First.[447] They were to have the customs of London;

the burgesses might not be summoned to answer any plea outside the

city; they were henceforth to elect their own Provost, “such as may

be fitting to us and to them;” and they were allowed to hold their

city at a ferm rent of £108 a year, which they themselves, instead

of the sheriff, should collect and pay to the Exchequer. For the

confirmation of their rights, “and for having the city in their hand,”

the Norwich people paid 200 marks.[448] From this time the provost

took the place of the officer formerly appointed by the King, presided

over the Borough Court in the Tolbooth and possibly held the view of

frankpledge, and paid the fines of the courts into the city treasury.

The sheriff of the county, however, still held a higher court, the

_Curia Comitatus_, within the enclosure of the castle, where he

exercised criminal jurisdiction, and jurors made the presentments

ordered by the assize of Clarendon.[449]

But this power of the sheriff only lingered on for a few years. In 1223

a new arrangement was made between the citizens and Henry the Third.

Norwich consisted of four distinct divisions which had been naturally

formed out of the four hamlets created by the first settlers and

which had by degrees become united into a single town:—_Conesford_,

where the earliest comers gathered round the ford over the river,

protected by the stream on one side, and on the other by the mound

on which the castle stood in later days; the _Westwick_, whose name

shews its later foundation, and which lay on the further side of the

fortifications, within the bend of the river; the _Magna Crofta_ or

big field of the castle, lying below the entrenchments midway between

Conesford and Westwick, which was made at the Conquest into a new ward,

Mancroft Ward; and the _Ward-over-the-Water_ on the further bank of

the river, somewhat cut off from the rest of the town.[450] For the

government of these “leets,” as the divisions came to be called, it was

decided in 1223 that the burghers should elect four bailiffs, one for

each district.[451] There was no longer to be any provost, since the

bailiffs were to take his place in joint government of the town, and

were further to take over the criminal jurisdiction hitherto exercised

by the sheriff in his court at the castle. From this time therefore

most of the social, commercial, and criminal affairs of the city lay in

the burghers’ own hands.

The four bailiffs, however, had still no control over the castle and

its entrenchments, nor over a wide reach of land that lay along the

river, stretching past Conesford and Mancroft and Westwick—land

owned by the prior and convent; nor had they any authority over

the cathedral, the priory, and the bishop’s palace that lay within

Westwick, nor over property owned by them or by other ecclesiastical

bodies which penetrated into the heart of the city; while on the other

hand tenants of castle and prior and bishop were all making their

profit out of the city trade, and enjoying its peace and protection.

Therefore the next claim of the burghers necessarily was that the

King should give to the municipality authority to tax for the common

expenses all inhabitants alike, under whatever lord they held; and in

1229 they obtained a royal grant that all “who should partake of the

liberties which we have granted to the said citizens of Norwich ...

shall be taxed and give aid as the said citizens;” and that “if anyone

has withdrawn from their customs and scots, he shall return to their

society and custom, and follow their scot, so that no one shall be quit

therefrom.”[452] There was no trifling with the municipal authority

in this matter; in 1236 and 1237 when the tenants of castle and prior

attempted to resist the claim on their moneys, the sheriff was ordered

to summon them before him to show by what right or warrant they claimed

acquittance from payments to the city treasury; and again in 1276, when

the tenants of the castle refused to pay their share of taxes, the case

was brought before the barons of the exchequer, and an order came from

Westminster that the sheriff was forthwith to levy the sum due and hand

it over to the city.[453]

Henry the Third granted many other favours “to our beloved citizens

of Norwich,” feeling perhaps the advantage of their friendship amid

the increasing troubles of his reign; and the burghers of Norwich

certainly, like those of Winchester, took sides with him in the war

against Simon de Montfort.[454] In 1253 they had been allowed to

enclose their city with a ditch.[455] In 1255 (twenty years before

a general law was passed to this effect for all Englishmen), they

were freed from arrest for debt of which they were not sureties or

principal debtors. And in 1256 Henry granted a charter which ordered

that the “citizens shall answer at our exchequer by their own hands

for all debts and demands ... and that no sheriff or other bailiff

of ours shall henceforth enter the city aforesaid to make distresses

for any debts;” which decreed further that all merchants who shared

in the Norwich liberties and merchandises were to pay the city taxes

“wheresoever they shall make their residences;” and which ordained

lastly that “no guild shall henceforth be held in the aforesaid city to

the injury of the said city.”[456] The sheriff was thus finally shut

out from all land or houses held by the citizens; and absent merchants

were subjected to their lot and scot.

From Edward the First the citizens in 1305 obtained the right to hold

the Leet of Newgate in Norwich, which the King had “lately recovered

against the Prior of Holy Trinity”; and further paid a fine down,

and promised to pay £10 yearly into the Exchequer for ever, for

a charter granting that they should not be impleaded outside the

city; that they should not be convicted by any foreigners but only

by their co-citizens, save in matters touching the King or the whole

commonalty; that the bailiffs should have power to assess tallages and

other reasonable aids “by the assent of the whole of the commonalty,

or of the greater part of the same” for the protection and advantage

of the city, and to make “reasonable distresses” for the levying of

these tallages as was done in other cities; and that they should hold

the Leet of Newgate which the Crown had “lately recovered against the

Prior of Holy Trinity.”[457] Further the burghers remembered a trouble

into which they had fallen in the case of a thief who had stolen some

cloth and brought much sorrow on the city; for having fled to the

church of St. George he finally escaped out of it though the door was

guarded by four parishes, who were all fined for their lax vigilance;

then being caught and condemned by the bailiffs and commonalty he was

condemned to be hung, but at his burial found to be still alive, and

the man who had cut him down was thrown into prison; and lastly the

bailiffs were accused of illegal action in hanging him “without any

man’s suit and without capture in the act,” and of “taking up thieves

and malefactors for trespasses done outside the city and executing

judgement on them in the city,” and the city liberties had been seized

into the King’s hands, and a royal officer set to rule over them.[458]

So the burghers in 1307 presented a petition that the right of infang

theof and outfang theof, which they had used at all times “whereof

memory runneth not,” might now be definitely inserted in their charter.

Further, since the sheriff “by malice” still found means on one excuse

or another to arrest a citizen from time to time—and this though the

Norwich people had the return of all manner of writs[459] so that

neither the sheriff nor any foreign bailiff had any right to meddle

with them—they required of the King that at their demand every citizen

thus seized should be delivered over to them out of the hands of the

alien. Likewise they prayed that so long as a burgher lived in the

city he should never be required to attend any foreign court whatever

by reason of any foreign tenure he might hold; and that no foreign

tenement should give the right to sheriffs or foreign bailiff to

summon him to be in juries or inquests outside the city. Lastly, as a

protection against any danger of forfeiting their franchise by failure

to pay the ferm rent, they asked permission for the corporation to hold

in perpetual possession certain lands and houses the profits of which

might be set apart for the rent.[460]

Under Edward the Third the sheriff of the county was deprived of his

last plea for interference within the city walls. Up to this time he

had still collected rents and taxes and done justice for the tenants

of the Castle Fee; and the ditches of the Castle and the Fee, thus

freed from city rule, had been made a sort of refuge for felons and

malefactors flying from the jurisdiction of the city officers. All

this, however, was in 1346 handed over to the bailiffs, and the sheriff

was in no wise to interfere.[461] Moreover, in consideration of the

cost to which the citizens had gone in enclosing the city, they were

set free for ever from the jurisdiction of the clerk of the market of

the King’s household.[462] Norwich was further given its own Admiral,

who sailed about in the “admiral’s barge,” and who held admiralty

courts and administered its law.[463] In 1331 it became a Staple town,

and its mayor was made a mayor of the Staple, with a salary of £20 and

a seal given by the king.[464]

Meanwhile the Norwich people had been gradually perfecting their own

internal system of government—a system which will be described in a

later chapter—and in the difficulties of Henry the Fourth they found

opportunity to complete their work. A sum of £1,000 given to the King,

besides heavy fines paid in bribes on all sides, secured in 1403 a

charter which finally guaranteed to them the constitution of their

choice.[465] Norwich was made into a county of itself. A mayor was

appointed, who was given supreme rights of jurisship.” in the city,

and received from the King himself a sword which was to be carried

before him with the point erect, along with the gold or silver maces

borne by the serjeants-at-mace. The four bailiffs were replaced by two

sheriffs, also elected by the burgesses, who were charged with matters

concerning the interests of the crown which had formerly been the

business of the bailiffs, and were responsible for the yearly rent of

the city. The mayor was appointed the King’s escheator, and thus the

last office which had been reserved in alien hands was given over to

the municipality. Finally in token of the consummation of the municipal

hopes the old seal of the bailiffs was abolished to make way for a new

city seal.

Norwich was but one among a number of boroughs whose inhabitants

quietly and steadily gathered to themselves the liberties that made

them free, for in the fellowship of towns holding of the King under a

uniform tenure throughout the “ancient demesne,” the list of privileges

granted to any one became the model for its neighbours near and

far.[466] With orderly progression, unbroken by any of the violent and

dramatic incidents that indicate a time of conflict, all the bigger

towns won by gradual instalments complete local independence. Such

changes of method as we observe are simply changes made necessary by

new national legislation, such as the form of incorporation required

after the Statute of Mortmain,[467] or the right to elect Justices

of the Peace when one power after another had been given to these

officers by law.[468] We do not distinguish seasons of plentiful

harvest and periods barren of all growth; in one century as in another

Kings stooped to accept the “courtesies” offered, and granted the

favours solicited. Nor do we find records of advantages hastily given

and timidly withdrawn; or, until the reign of Richard the Third,[469]

is there any suggestion of anxiety on the part of Kings to check or

limit the free action of the boroughs.[470] Up to that time rulers of

the state seem to have had no apprehension of peril to public order,

of jeopardy to trading interests, of injury to the administration of

justice, of possible usurpations by the municipalities which might

bring them into collision with the ordered forces of the world; and for

three hundred years statesmen freely allowed the growth of municipal

ambition, and gave full scope for the developement of all the various

systems of local self-government. The full importance of these facts

only becomes clear when we turn to the history of the towns that were

under subjection to other lords than the nation itself; and compare

the peaceful negotiations by which matters were arranged between the

royal boroughs and the State, with the violence of feeling aroused

when the misgivings and alarms of private owners were brought into the

controversy.

Town Life in the Fifteenth Century, Volume 1 (of 2) · 第 7 / 14 章