Town Life in the Fifteenth Century, Volume 2

701

Nottingham Records, iv. pp. xiii. xxvii. xxviii. 100, 101, 1552.

702

Ibid. iv. 106-8, 215 et sq.

703

Ibid. iii. 365; iv. 10.

704

Ibid. iv. 106, 191, 223. The free school was left to the guardianship of the mayor, aldermen, and common council, and if they were negligent to the Lenton convent, now of course suppressed. (Ibid. iii. 453 et sq.)

705

Nottingham Records, iv. 108.

706

Ibid. iv. 238.

707

Ibid. iv. 408-9. The burgesses seem to have twice at least acted with the people against or apart from the aldermen – once in the settlement about the town accounts in 1504 (iii. 325-6); and once in the complaint drawn up by the Mickletorn jury in 1527 against the mayor and aldermen (iii. 358-60.) The people may have hoped to strengthen this element of resistance.

708

Mr. Stevenson thinks that the Clothing about this date became a portion of the council. Nottingham Records, iv. xiii. The other explanation seems to me to meet difficulties which this leaves unsolved.

709

Ibid. iv. 171, 172.

710

Ibid. iv. 191.

711

Nottingham Records, iv. 191.

712

Ibid. iv. 214, 237-8.

713

Ibid. iv. 245-8.

714

Ibid. iv. 253.

715

Ibid. iv. 262-3, 265. See 268, xvi.

716

Ibid. iv. 269, 282.

717

Ibid. 270. For the final settlement see iv. xvii.

718

Hist. MSS. Com. ix. 300-305. Blomefield, xi. 300-342.

719

Cromwell’s Colchester, 264-5.

720

See Mr. Hudson’s admirable work on Leet Jurisdiction in Norwich. (Selden Soc. vol. v.) For the four “vice-comites” of London see Round’s Geoffrey de Mandeville, 363.

721

Leet Jur. (Selden Soc.) v. p. xviii. lxii, xliii-li.; Hudson, Mun. Org. in Norwich: Arch. Journ. xlvi. no. 184, 312, 316.

722

According to Mr. Hudson the Norwich Leet Juries were solely a “police” organization. They existed to make “presentments” which involved a certain amount of previous keeping of the peace in their own little neighbourhood. In their individual capacity the capital pledges were the precursors of the “petty constable” [see Selden Soc. v. lxii. no. 1, and cf. pages there cited]; in their collective capacity as juries they preceded the local “Justice of the Peace,” a function usurped to a small extent between (say) 1360 and 1420 by the “twenty-four citizens,” and afterwards wholly usurped by the “Court of Aldermen,” who were the borough magistrates.

723

Hudson, Leet Jur. in Norwich, lxxi., note.

724

Ibid. xv. 1365. Arch. Journ. xlvi. no. 184, 322. In reference to the election of bailiffs or the “twenty-four” the word “leet” means a division of the city, not a court.

725

Leet Jurisdiction in Norwich, xli.

726

Besides the deed of 1290 (p. 367 n. 2) Mr. Hudson has kindly sent me the following extracts. Saturday, Vigil of Palms, 27 Edward I. 1298 – John the carpenter and Alice his wife grant a messuage next the gates of Nedham to “Ballivi, Cives, et Communitas Norwici” “ad asiamentum muri civitatis erigendi.” (City Domesday, fol. lxxiii.) On folio lxviii. of the same book there is a grant of a messuage near the cathedral to the commonalty, 31 Edward, 1302, in the following form: “to the four Bailiffs (named), Henry Clark, Robert de Holveston, … Adam de Blicling, citizens of the said city (15 persons), and all the Commonalty thereof.”

727

Norwich Town Close Evidences, printed privately, 1885. (British Museum), 18.

728

Arch. Journ. xlvi. no. 184, 322.

729

They state in 1378 that this had already been the custom. (Town Close Evidences, 30.)

730

Arch. Journ. xlvi. № 183, 315.

731

Town Close Evidences, 7. The phraze used in 1218 (p. 5), “men of the city,” is not the same.

732

Ibid. 7, 13, 17, 18, 25, 26, 30. Arch. Journ. xlvi. no. 184, 325. See Note A at end of chapter.

733

Town Close Evidences, 27.

734

Ibid. 16, 18.

735

Town Close Evidences, 10, 11, 17.

736

Norwich Town Close Evidences, 14, 24, 27, 31, 32. The same form was used even after the charter of 1403, in 1420 and 1435. (Ibid. 46.) We find “the citizens” joined with “the commonalty” in the thirteenth century. An enrolled deed of 1290, in which license to build a stall in the market is granted by the “Communitas Norwici et cives ejusdam civitatis,” is quoted by Mr. Hudson. (See Mun. Org., Arch. Journ. xlvi. no. 184.) The double style used is, I think, explained by a contention which occurred a century later, in 1379. “There was a discussion whether the stalls in the meat-market ought to belong to the commonalty or to the bailiffs. They are agreed that the said stalls shall in future remain to the commonalty for ever, without challenge or contradiction to the present bailiffs or the bailiffs in future.” (Town Close Evidences, 31.) At that time a great reorganization of the market was in progress (see Kirkpatrick’s “Streets and Lanes of Norwich,” App. i. pp. 95, 96) with a view to getting as many stalls as possible into the hands of the authorities. As the bailiffs had certain sources of income allotted to them (they being personally responsible for the fee ferm rent) they need not be blamed for trying to help themselves. On the other hand the attempt shows how significant was the use of the word “communitas” in the older deed (see p. 364 no. 1). I think it very possible that property set apart for a definite public purpose was held in the joint names of citizens and commonalty; but I am convinced this last word was never used in a formal way, but always expressed a tenure and control with which the “cives” or the twenty-four could not interfere.

737

Hudson, Leet Jur. in Norwich, xxxvi. lxxiii. 63. Selden Soc.

738

Arch. Journ. xlvi. 316-17.

739

Town Close Evidences, 16-17.

740

Ibid. 29. Evidently this was a time of very active municipal life. About 1372 the corporation seems to have begun copying out carefully older legal documents, and this copying and re-writing went on through the next century. The account-books which still exist began to be kept in 1393. In 1378 the income of the city was £374 17 s. 4d. Blomefield, iii. 103.

741

Town Close Evidences, 30.

742

Mr. Hudson informs me that there are rolls (more or less perfect) for about half the years between 1365 and 1385. Then they fail till 1413, when the constitution of the assembly had been entirely altered.

743

I have to thank Mr. Hudson for his kindness in giving me this information. He tells me that an assembly on October 7th, 1372, is thus described: “Prima congregatio ibidem tenta die Jovis, &c. … quatuor Ballivis (eleven persons specially named) et aliis de com’tate presentibus.” This is the constant form in use, whenever the attendance is recorded, down to the last of these rolls in 1385. The number of persons specially named varies from eleven to seventeen. Their similarity in the course of each year suggests that they were specially bound to attend. In two years 1377-8 and 1379-80 the attendances are recorded several times, and, as in the first case the total number of persons named is twenty-five and in the other twenty-four, it seems reasonably certain that they were the actual twenty-four. This is confirmed by the fact that almost all the “committee,” as they would now be called, are appointed from their number and almost the whole burden of administration is undertaken by one or other of them in conjunction with the bailiffs.

744

Citizens left legacies to help in these expenses. Not only was £1,000 lent to the King, but heavy bribes had to be paid all round. Blomefield, iii. 120.

745

Town Close Evidences, 36. In considering the new style two views present themselves. We may lay the whole stress on the association of mayor and sheriffs instead of bailiffs with “the citizens and commonalty”; or, as I incline to think, we may also attach importance to the formal association in a charter of “citizens” and “commonalty,” as marking an epoch in the civic history.

746

Mr. Hudson has been good enough to give me these dates and facts, in which he has been able to correct Blomefield’s statements, from evidence in the Norwich Conveyance Rolls, etc.

747

Blomefield, iii. 123-124. Hudson, Mun. Org., Arch. Journ. xlvi. no. 184, 299.

748

Town Close Evidences, 37-43.

749

In 1354 it was ordered that London aldermen should not be elected yearly but hold office for life. (Stow’s London, 189.) A common council appears as early as 1273; and again in 1347. It was then chosen by the mayor, aldermen, and representatives from the wards. At the end of Edward’s reign the election was transferred to the trading companies, but restored to the wards in 1384; to be given back to the companies by Edward the Fourth in 1467; and restored to the wards in 1650. (Merewether and Stephens, 734-5, 1988-1992.)

750

All that had been mayors were to ride in their cloaks whenever the mayor rode on pain of £20, each of the twenty-four on pain of 100s. The hat of the mayor cost in 1418 2s. 10d., in 1437 10s. 2d. (Rogers’ Agric. and Prices, iv. 579.)

751

Town Close Evidences, 40-1.

752

Conesford elected twelve councillors, Mancroft sixteen, Wymer twenty, and the Ward over the Water twelve.

753

The Speaker of the House of Commons is first mentioned in 1378.

754

Town Close Evidences, 39, 40, 41.

755

Town Close Evidences, 41, 42.

756

Ibid. 45.

757

Blomefield, iii. 134.

758

Town Close Evidences, 41.

759

Ibid. 45.

760

In 1423 when the mayor and other judges sat in the city there appeared before them two coroners, 16 constables for the four wards, the constables for the liberties of Holmestrete and Spitelond, with the bailiff of the prior’s liberties in those places, and four men out of each ward possibly for jurymen. In 1424 a tripartite indenture was made by the mayor, aldermen, and commons, with constitutions for the better government of the city, and was ratified at a common assembly in the guild hall. (Blomefield, iii. 136-139.)

761

Leet Jur. in Norwich, xx. lxxvi. lxxx.

762

Leet Jurisdiction, lxxx.

763

Arch. Journ. xlvi. no. 184, p. 326-7. Leet Jur. lxxxix. Before the end of the thirteenth century there were guilds of cobblers, fullers, saddlers, tanners. (Ibid. 13, 39, 42, 43.)

764

In the list given in English Guilds there is one guild founded in 1307 and ten (or eleven, if we count the masons’ guild on p. 39) founded between 1350 and 1385, some of them craft guilds, others nominally social or religious associations, though it is very probable that in many cases this was but a thin disguise for a craft guild. English Guilds, 14, etc.

765

See saddlers’ guild, which had existed a century before.

766

The composition of 1415 decided that each craft in the city was yearly to choose two masters, whose names were to be presented for the mayor’s consent, and who were to take their oaths before him. The Monday after the mayor’s “riding” these masters were to make good and true search in their crafts and to present all offenders before the mayor for judgement; and half the fines were given to the sheriffs, half to the masters of the crafts. The mayor had to accept the presentment of the “masters”; he could not make search either himself or by any of the town officers; only if a craft refused to be searched or to elect masters the mayor might himself appoint two masters and order the search. If the masters concealed any notable default they were to be punished by the advice of the mayor and more sufficient men of the same craft. (Town Close Evidences, 41, 42.)

767

On being enrolled each man must pay to the craft 40 pence, and to the chamber at least 20s. and “more after the quantity of his good.” (Town Close Evidences, 42.) The profits of admission to the freedom of the city had in old times gone half to the bailiffs and half to the community, but now the craft claimed a definite share of the entrance money. (Arch. Journ. xlvi. no. 184, p. 328.) By the composition six men were to be chosen “to be of counsel with the chamberlains in receiving of burgesses.”

768

Town Close Evidences, 42-3.

769

Hist. MSS. Com. i. 104.

770

English Guilds, 443-4.

771

Lambert’s Guild Life, 108. English Guilds, 443-60.

772

1/2d. was paid for each piece sealed. The right was leased to two citizens at 20 marks rent. Blomefield, iii. 125. By the law of 1442 the weavers were to choose every year four wardens from the craftsmen of the town, who should in their turn choose two inspectors or overseers for the stuff out of Norfolk. The wardens tested the faulty goods and received half of any forfeited stuffs. The law of 1445 ordered them to choose four wardens for Norwich and four for Norfolk, and directed the wardens to make such laws as were needful for the improvement of the trade. (20 Henry VI. cap. 10; 23 Henry VI. cap. 3; 7 Edward IV. cap. 1.)

773

See Paston Letters.

774

Not only were there disputes with the prior of Norwich, but with the Hospital of S. Paul (Town Close Evidences, 7-8); the prioress of Carrow (Blomefield, iii. 64, 147); the abbot of Holme (ibid. 153-4); the abbot of Wendling (ibid. 147).

775

“For the people here is loth to complain till they hear tidings of a good sheriff.” (Paston Letters, i. 166.)

776

The mayor and citizens were able if necessary to have in harness from two to five hundred men of the town. (Ibid. ii. 414.)

777

Blomefield, iii. 144-155.

778

In 1444. Blomefield, iii. 151, 152. The courts were held in the tolbooth, but the assemblies of the commons still gathered in the chapel of the Virgin Mary in the Fields. (Ibid. 92.) Most of the city business was done there as late as 1455. (Ibid. 160.) It appears that the citizens frequently availed themselves of other people’s accommodation (the Priory, Black Friars, Grey Friars) rather than spend money in providing it for themselves.

779

Ibid. iii. 153.

780

William Paston was one of the commissioners. (Blomefield, iii. 148.)

781

Ibid. iii. 144-6.

782

Proceedings of Privy Council, v. 17-19.

783

Blomefield, iii. 146-7, 153.

784

Proceedings of Privy Council, v. 34, 45.

785

Blomefield, iii. 147. New arrangements were made about the payments of the sheriffs by raising regular taxes; the sword-bearer and the three serjeants for the maces were given their offices for life.

786

Blomefield, iii. 147-149.

787

The bishop was on the side of the anti-popular party. At his death he left to John Heydon the cup he daily used of silver gilt with the cover. (Ibid. iii. 538.)

788

Hist. MSS. Com. i. 103.

789

Charges that the mayor had sealed with the common seal measures bigger than the standard measures for certain favoured citizens, and that the people were forced to sell to them by these measures; that he had made an evil use of the Pye-powder Court, using its summary and autocratic procedure to imprison many men wrongly and tyrannically (one John Wetherby had been imprisoned); and that he sustained an illegal guild in the city called Le Bachery. In 1477 a statute was made that the Pye-powder Court could only deal with contracts or bargains made during the fair. (Blomefield, iii. 169.)

790

Ibid. iii. 149-50, 154-5.

791

Ibid. 147, 152.

792

He left £40 to Norwich towards payment of the city tax. (Blomefield, iii. 534.) The city, however, asked in vain for the money in 1454 and again in 1460. (159.) Walter Lyhert, made bishop in 1446, was of an old Norwich family. An ancestor of his had been citizen in 1261. (Ibid. iii. 535-6.)

793

Ibid. iii. 156.

794

Paston Letters, i. 151, 156, 158.

795

Ibid. i. 151.

796

Ibid. i. 123, 183-4, 199-200, 206, 211-2, 225.

797

In 1460 Heydon left Norfolk for Berkshire. (Paston Letters, i. cxlii.)

798

In 1456 the common stock was so much wasted that several of the aldermen remitted debts to the city. (Blomefield, iii. 160.) And even the guild of S. George was scarcely able to pay its way. (Hist. MSS. Com. i. 104.)

799

All ex-mayors were allowed to be justices of the peace. Four of the justices of the peace were to have the powers of King’s justices, and the aldermen were allowed to elect the under sheriffs, town clerks, and sheriffs’ bailiffs. (Blomefield, iii. 158.)

800

Hist. MSS. Com. i. 104. In 1452 it was ordered that no brother should wear a red gown save the alderman of the guild or any of the twenty-four aldermen of the city.

801

The first attempt at a settlement was in 1205 about the rights of common of the townspeople. (Town Close Evidences, 4-5.)

802

Town Close Evidences, 52-64.

803

Vol. I. p. 221.

804

Dr. Gross, taking the Trinity guild of Lynn as “a continuation of the old guild merchant,” speaks of its “line of developement” into a “simple, social-religious fraternity” (i. 161); and notes that “though the ancient function of the guild had disappeared, its social-religious successor was a quasi-official part of the civic polity” (p. 162). He does not, however, enable us to trace any such “developement,” or to distinguish “ancient functions” from later ones. From our first glimpse of the guild in the charters of John and Henry the Third to the patent of Henry the Fifth it seems to be singularly free from change, nor is any evidence produced during these centuries for its “transformation into a simple social-religious guild.” In the case of Southampton Dr. Gross sees a developement of an exactly opposite kind (ii. 231).

805

For a most interesting account of the Lynn cattle and sheep trade, and the Kipton Ash market, set up in 1306, for drafting off the sheep flocks, see Dr. Jessopp’s paper in the Nineteenth Century, June, 1892, on “A Fourteenth Century Parson.”

806

Cunningham, Growth of English Industry and Commerce, 183.

807

The guild did not include all the town traders (Gross, ii. 166-7), and probably tended to become an exclusive body since it could keep out all save the sons of its members by charging whatever entrance fees it liked (p. 164).

808

Hist. MSS. Com. xi. 3, p. 210-11.

809

Blomefield, viii. 515. Gross, ii. 159-170. The guild of Corpus Christi paid in 1400 103s. 2d. for meat and drinks and spices for its feast, and 169s. for making wax torches; and the beginning of the century was marked by the foundation of at least three other guilds, with right to hold land and buildings.

810

Gross, ii. 166-7.

811

Gross, ii. 166.

812

A charter of 1305 secured its possession of certain property. The charter of 1393 was probably connected with the extension of the statute of mortmain to towns. (Hist. MSS. Com. xi. 3, 186, 191.)

813

Hist. MSS. Com. xi. 3, p. 211. Gross, ii. 153. The best mill-stones in those days came from Paris, or from Andernach on the Rhine. A good mill-stone might cost from £3 to £4. (Rogers’ Work and Wages, i. 113.)

814

Even from the thirteenth century. (Gross, ii. 153.)

815

Gross, ii. 159.

816

Hist. MSS. Com. xi. 3, pp. 225-231.

817

Gross, ii. 158, etc. 168.

818

Compare this with Southampton, where the alderman was himself mayor.

819

Gross, ii. 155-156.

820

Hist. MSS. Com. xi. 3, p. 194.

821

Hist. MSS. Com. xi. 3, 195-6. Beloe, Our Borough, p. 19.

822

Beloe, Our Borough, 15.

823

Hist. MSS. Com. xi. 3, 196.

824

In 1345 the king called out a hundred men of the most vigorous to go to Gascony. (Ibid. 189.)

825

See Vol. I. 291-2.

826

Hist. MSS. Com. xi. 3, 218-223.

827

Ibid. 158-9.

828

Ibid. p. 229.

829

Ibid. xi. 3, p. 224.

830

Cf. for comparison and contrast the custom of Dinant after 1348. (Ville de Dinant. Pirenne, 45-6, 49-50.)

831

Hist. MSS. Com. xi. 3, 191-4.

832

Mr. Beloe says that the ruling class resisted, and instituted a costly suit to get a decree under the great seal setting aside the award, but he gives no particulars. (Our Borough, 17.)

833

Hist. MSS. Com. xi. 3, 197, 200.

834

Either officer convicted of false dealing was to lose his office and franchise for ever.

835

The four chamberlains or treasurers were then to be chosen from the body of burgesses, two by the mayor and jurats, two by the burgesses. But, unlike Norwich, where the council and commons divided the remaining elections between them, in Lynn the only appointment left to the community besides the two chamberlains was the prolocutor. Coroners and constables were nominated by the people, and elected by the jurats, and the other officers, the common clerk, serjeant, janitors, bell-man and wait, taken from the general community both of burgesses and non-burgesses, were directly appointed by the mayor and jurats.