CHAPTER VIII

_The Mayor, Bailiffs, and Community_

We have seen that it was the stable and well-to-do classes which bore

rule over their fellow-citizens. Men of substance, and they only, were

eligible for office, and the terms "degree of a mayor," "degree of a

bailiff," used in assessing fines, show that there was some strictness

maintained with regard to this property qualification. And indeed it

was needful that mayors, bailiffs and the like should be moneyed men,

for their responsibilities were great and the turns of fortune curious,

for should any source of revenue fail, they were compelled to make up

the deficit, and hence were poorer men at the year's end than at the

beginning. Thus when the prior refused to pay the murage tax for twenty

years, the chamberlains, or treasurers, contributed the sum that was

lacking from their own purses.[161] Still, on the whole, the magnates

preferred to acquiesce in their election rather than pay £100, 100

marks, or £40 as a fine for refusing to fill the respective offices of

mayor, sheriff or master of either guild. Once, indeed, a certain Roger

a Lee declined to occupy the office of chamberlain, though he was a man

well-to-do, having received £30 in money and plate with his wife, and

must--so the prevailing opinion was--have "had right largely of his

own," or else "John Pachet would not have married his daughter to him."

When solemnly adjured to "come in and exercise the said office," Roger

persisted in his refusal, nor did the imposition of a fine of £20 avail

to shake his resolution.[162]

[Illustration: THE CITY KEYS]

But having once accepted office, with all its emoluments, risk and

toil, a citizen was forthwith raised to a platform, high above the

mere "commoner," who had neither lot nor part in the rule of his city.

He became one of the "men of worship," whom to insult was a dire

offence;[163] and his doings must not be cavilled at, or explained to

the vulgar herd. Gravity, decorum, and, above all things, secrecy[164]

marked the councils wherein he took part. Seemliness of behaviour was

demanded from him; a late mayor must live cleanly, the leet decreed,

and not give way after warning to "avowtre, fornicacion, or usure," if

he wished to rise higher as master of the Trinity guild, or continue to

meet his brethren at the council board.[165]

[Illustration: THE SWORD]

[Illustration: THE CITY MACE]

Distinguished on great occasions by his official dress, he was

surrounded by an atmosphere of form and ceremony, which no doubt had

its effect on the outside world. When the mayor went to mass every

morning at "seven of the clock" the sword-bearer and officers attended

him. A like procession was formed on the way back, for though the

underlings might go about their business during service, they were

commanded to "hearken" the time of the mayor's coming out of church

so as to be ready to accompany him homewards.[166] So sensible were

these worthy men of the dignity of their position, that questions of

precedence were ever considered of great moment. When Harry Boteler,

the recorder, fell into disgrace in 1484 by magnifying his office at

the mayor's expense, the council thought it a due punishment that

he should yield his place to the master of the Trinity guild, who

thenceforth went by the mayor's side in all municipal processions,[167]

an order afterwards rescinded probably to gratify one of Boteler's

successors; the mayor from that time walked alone, the master and

recorder together.[168]

The labours of the town officials were greatly increased by the

all-embracing character of the local legislation. The people of the

Middle Ages believed devoutly in the efficacy of the law, and many

matters concerning prices, wages, and the like, now known to regulate

themselves according to supply and demand, were at times the subject

of an infinite amount of often fruitless law-making. Nothing could

check the zeal and energy of the local law-givers; no subject was too

difficult for them to grapple with, none beneath their consideration.

The worshipful men might reverse the whole organisation of the crafts

connected with the iron industry at one leet sitting,[169] or, on the

other hand, turn their attention to the local supply of halfpenny

pies, or the amount of wheat put by the families of the two parishes

into the holy cake, or blessed bread, distributed to the congregation.

No doubt it was impossible to enforce all these regulations. All the

energy of the leet, or council, and the vigilance of the town officers

often failed to do away with a long-standing abuse. It was forbidden,

under penalty of £10, to throw refuse into the Sherbourne; yet though

"great diligence" was made to learn who the offenders were, it did not

hinder the commission of the offence.[170] And although, according to

the decrees of leet and council, people were compelled to be cleanly,

honest and peaceable, I make no doubt that ducks[171] and swine still

appeared in the streets,[172] bakers' loaves fell short of the proper

weight,[173] and men of craft bore arms in the city, and wounded each

other in quarrel.[174] In short, many regulations were mere paper

regulations to the end of the chapter.

The mayor and his colleagues had no light work before them on taking

office. Numberless details of municipal business went far to fill

their days with employment. In addition to his judicial duties, a

mayor examined, either in person or by deputy, a great part of the

household stuff which came into the city to be sold. He must needs have

some acquaintance with matters military, when a threat of invasion or

civil war turned him into a captain, and the citizens under him into

soldiers, such as they appeared at the half-yearly muster, each armed

with such weapons as suited his degree.[175] While, in order to acquit

himself with credit in the difficult and delicate relations wherein the

citizens were frequently involved with the outside world of politics, a

mediæval mayor must gather all the information he could upon affairs of

state.

[Illustration: THE OLD STATE CHAIR]

The bailiffs, with their work of court-holding, ferm-paying, and

fine-collecting;[176] the chamberlains, who overlooked the common

pastures, and put the murage money to its proper use;[177] the wardens,

who supervised town property and made payment of sundry expenses,

delivering up their accounts for the annual audit, were all deeply

immersed in business. And the keeping of these accounts was no easy

matter, so great a variety of items was included therein, and so

frequent were the demands upon the public purse. Now the wardens would

be called upon to entertain and reward the bearward of a neighbouring

nobleman, or the groups of strolling players who set up their booth

in the inn-yard or market-place; or, again, to contribute to the

maintenance of the knights of the shire,[178] or lay down the ten

pounds, which the mayor took as the "fee of the cloak";[179] now to

defray the cost of a civic banquet, or that of the mayor's new fur

cap, keeping in the latter case, the "olde stuffe" for the use of

the town.[180] Surely much of the activity of the House of Commons

under Edward III. and the House of Lancaster is in the main due to the

training many of its members received at home in the local guild-hall

or council-house.

A great part of the municipal business in the Middle Ages was carried

on by bodies consisting of twenty-four men, a double jury, a number

occurring in London as early as 1205-6,[181] in Leicester in 1225,[182]

and rather later in Norwich.[183] In Coventry in the fifteenth century

twenty-four late officials, frequently including the justices of the

peace, brought together by some indirect process of which we have

lost the secret, elected the officers for the ensuing year. The same

number, and to all intents and purposes the same men, were the jurats

of the leet. A council of twenty-four, chosen by the mayor and perhaps

identical with the jury of the leet, examined petitions four days

before the two great assemblies of this court, in order, it seems,

to discuss and decide on their rejection or acceptance by the jury

of the leet. Moreover, twenty-four nominees of the mayor reinforced

the electoral jury of twenty-four to form the mayor's council of

forty-eight.[184] In practice, however, there was no rigid adherence

to these numbers; small executive or deliberative bodies frequently

met, and on occasions when it was deemed necessary large "halls" or

assemblies of indeterminate numbers were summoned by the mayor to

testify to the popular will. This calling together of the community,

a relic maybe of immemorial custom,[185] affording in its traces of

ward[186] organisation evidence of a form of government older and more

popular than the system employed by the town rulers in the fifteenth

century, reveals a lack of any well-thought-out scheme to ensure the

election of representatives. Hence it seems to have been of little

avail for purposes of popular control. The members were summoned at

the requisition of the mayor, and were frequently to a great extent

members of the official class. Hence in the cases of which we have

record they did nothing but set the seal of approval to the official

policy. Thus in 1384[187] the mayor summoned four or six out of every

ward to learn what the common wish was concerning the Podycroft and

other common lands, which the Trinity guild kept in severalty in

return for the annual ferm of £10 paid to the prior on behalf of the

corporation, the assembly was in favour of the continuance of the old

arrangement, though it was avowedly a most unpopular one. And no orders

of leet availed to check the open discontent of the common folk, who

certainly did not feel themselves in any way bound by this assembly.

The guild constantly found that their fences were broken down, and

their fields overrun by the people at Lammas; and in 1414[188] it was

thought necessary to decree that people trespassing (_delinquentes_) in

the enclosures should be arrested, and imprisoned until they had made

sufficient amends "by view of the guild master and six of the guild

brethren."

But the discontent of the commonalty did not abate, and once more, in

1421, the officers in high place went through the form of consulting

their fellow-townsmen. A hundred and thirty-four citizens, summoned

at the mayor's requisition to S. Mary's Hall, gave the lie to popular

discontent a second time, and approved of the giving over of the

Mirefield, the Podycroft and Stivichall Hiron to the use of the

guildsmen. But the anger of the townsmen became so hot that in the

following year they destroyed certain gardens at Cheylesmore, which,

it appears, had been enclosed by well-known townsmen, members of the

mayor's council and justices of the peace.[189]

The mayor's council of Forty-eight, one of the most important of the

constitutional expedients ever devised by the ruling class at Coventry,

met apparently for the first time in 1423. In the previous year, no

doubt with the notion of allaying the prevailing discontent, the idea

of selecting a definite number of commoners from every ward to form

a council to watch over the interests of the commonweal first took

shape. There had been "dissentious stirrings" concerning enclosures,

and there is little doubt that at the Michaelmas leet there was some

speech of giving those outside the corporation some means of checking

the alleged malpractices of the municipal rulers. The mayor had been

charged to call forty-eight commoners, divers out of every ward, to

hear _the chamberlains' accounts_ for three years past, and to witness

any _grants made under the common seal_.[190] But there is little or

nothing to tell of the activity of this body of commoners.[191] On the

other hand, at the first opportunity the corporation turned this idea

of a council into a weapon for their own defence by providing at the

election of the mayor in the following January that there should be one

consisting of the staunchest supporters of the town rulers. "It was

provided," the _Leet Book_ says, "that the said mayor should call and

take to him the same twenty-four worthy men, that were of his election,

with other twenty-four wise and discreet men, chosen to them and named

by the said mayor," and that this company should "put in rule all

manner of good ordinances" for the benefit of the city.[192] And the

worthy men were determined that this good ordaining should be followed

by prompt obedience.

"It is and hath been accustomed," says an insertion in 1484 in the

records of Leet, "that whatever the foresaid forty-eight persons

ordaineth and establisheth for worship of mayoralty, bailiffs and

commonalty of this city, according to the law, all the whole body

of this city shall be bound thereby."[193] A certain latitude was

allowed to the mayor as to whom summons should be sent "when he had

need of forty-eight persons," save that he was always warned to

require the attendance of "sufficient" men,[194] _i.e._ of suitable

rank. After 1446 we find that the presence of a quorum of twelve

persons was sufficient for the transaction of business, the whole body

afterwards giving their assent to the measures ordained by this smaller

company.[195] And it was most probably this small working body that

was the ancestor of the inner council of the mayor and aldermen, which

ultimately, by the charter of James I., gained complete and unchecked

control over the municipal affairs of Coventry. The rule of this

council gradually became a veritable tyranny. Even the official class

rebelled against its dictates. We hear of a majority, "the most part"

of the council, and this includes the idea of a dissentient minority.

Those who transgressed the commands of this majority, if they had never

filled the sheriff's post, lost the freedom of the city; while late

mayors or sheriffs lost their official rank. He shall "be exempt,"

the order ran[196] in the sheriff's case, "from wearing scarlet among

his company in all common assemblies, feasts, and processions"; and

further, to be punished with fine and imprisonment at the mayor and

council's discretion; on a late mayor the same penalty was laid, with

the addition that he should be "exempt from his cloke and council";

while any citizens "comforting the disobedient" were to suffer the same

penalties. When we learn that this order was framed in 1516 for the

correction of John Strong, late mayor and _ex officio_ member of the

council, we may form some conception of the tyranny of this body, whose

doings even divided the corporation against itself.

FOOTNOTES:

[Footnote 161: _Leet Book_, 597. They were afterwards reimbursed when

the suit was decided against the prior.]

[Footnote 162: _Leet Book_, 619.]

[Footnote 163: See Green, _Town Life_, ii. 256, for examples of the

punishments of those who insulted officials. In Coventry two men--John

Smith and John Duddesbury--for their ill-behaviour to "men of worship"

were, in 1495, put under surety from session to session until their

submission should content the justices of the peace (_Leet Book_, 569).]

[Footnote 164: Six of the mayor's council met every Wednesday. The

sergeant kept the council-house doors so that no unauthorised person

might enter (_Ib._, 516).]

[Footnote 165: _Leet Book_, 544. The mayor was to be deprived of his

"cloke" (_i.e._ official rank) and council, of which body he was an

_ex-officio_ member.]

[Footnote 166: _Leet Book_, 662.]

[Footnote 167: _Leet Book_, 521. The recorder was the legal adviser of

the corporation.]

[Footnote 168: _Ib._, 642.]

[Footnote 169: _Ib._, 180.]

[Footnote 170: _Ib._, 455.]

[Footnote 171: _Ib._, 27.]

[Footnote 172: _Ibid._]

[Footnote 173: _Ib._, 24.]

[Footnote 174: _Leet Book_, 28.]

[Footnote 175: Green, _Town Life_, i. 127.]

[Footnote 176: The bailiffs by their oaths were compelled to pay all

due ferms and fees, and to be present on court days and sessions of the

peace (_Leet Book_, 224).]

[Footnote 177: See the chamberlains' accounts (_Ib._, 54-5).]

[Footnote 178: _Leet Book_, 107. Knight's fees to be paid by wardens,

and not by chamberlains.]

[Footnote 179: _Ibid._]

[Footnote 180: _Leet Book_, 334. If the cap cost more than 13s. 4d.,

the surplus was to be paid by the mayor.]

[Footnote 181: Round, _Commune of London_, 237-8.]

[Footnote 182: Bateson, _Rec. Leic._, i. 34-5.]

[Footnote 183: Hudson, _Norwich_, xxxv.]

[Footnote 184: See below, p. 93.]

[Footnote 185: Any business touching the public weal--such as the

payment of a royal debt, granting away of town property and the

like--could not be transacted without the official consent of the

community. Thus in 1422, when the mayor summoned sixteen of the

magnates to weitness the sealing of deds relating to town property,

"it was perceived by the mayor and all present that it would be

more expedient ... for the mayor to summon these following and many

concitizens" (_Leet Book_, 40).]

[Footnote 186: Those who were summoned for purposes of consultation

came according to their wards. Thus in 1384 it was determined that the

mayor should summon four or six citizens out of every ward (vico), who

should testify "tam pro seipsis quam pro tota communitate ville," what

the general will was concerning the enclosure of certain meadows by the

Trinity guild (_Ib._, 5).]

[Footnote 187: _Leet Book_, 5.]

[Footnote 188: _Ib._, 20.]

[Footnote 189: The commons destroyed Julius (? Giles) Allesley's

gardens without the Grey Friar Gate (Harl. MS. 6,388, f. 16). Giles

Allesley was mayor in 1426. Attilboro, a member of the usual council of

twenty-four, who took part in the election of the mayor (_Leet Book_,

22), and Southam, a justice of the peace (_Ib._, 44), had gardens which

encroached on the common lands, for which they were allowed, when the

survey was taken, to pay a composition (_Ib._, 50-1).]

[Footnote 190: _Leet Book_, 42. These grants were given to enable

certain citizens to dispense with the ordinary regulations of leet;

probably much favour and affection were shown in the granting of them.]

[Footnote 191: We cannot tell whether this council even met. In 1423 we

hear that the chamberlains' accounts were audited in the presence of

the mayor and "48 honest and legal men" elected by the aforesaid mayor

to hear the accounts (_Ib._, 54). Query, were these the commoners, or

the mayor's council of Forty-eight?]

[Footnote 192: _Leet Book_, 44.]

[Footnote 193: _Ib._, 520.]

[Footnote 194: _Ib._, 157.]

[Footnote 195: _Ib._, 228.]

[Footnote 196: _Leet Book_, 647-8.]

The story of Coventry · 第 8 / 16 章