CHAPTER VII

AFTER THE COMMUNE

In the year of our Lord 1419, John Carpenter completed his great work on the temporal government of the City of London, the _Liber Albus_. It is in this work that we find the only complete description of the administration of the City as it was at the beginning of the fifteenth century, with all the officers, their duties, and their responsibilities, and the laws which governed the citizens.

The author was Town Clerk from the year 1417 to 1438. He was twice Member of Parliament for the City; he was executor to Whittington; and he was buried in the Church of St. Peter, Cornhill.

The book itself, and a copy made in 1582, are preserved in the Crypt of the Guildhall. Riley, who looked through the copy, says that it abounds in errors which have never been corrected. His own translation was made from the original, which has long since lost the purity of aspect from which it derives its title. Some one has written on the cover the following Latin lines:—

“Qui ‘Liber Albus’ erat, nunc est contrarius albo, Factus et est unctis pollicibusque niger. Dum tamen est extans, istum describite librum; Ne, semel amisso, postea nullus erit. Quod si nullus erit—nonnulla est nostraque culpa— Hei! pretii summi, perdita gemma, Vale!”

The design of the work is thus laid down by John Carpenter himself:—

“Forasmuch as the fallibility of human memory and the shortness of life do not allow us to gain an accurate knowledge of everything that deserves remembrance, even though the same may have been committed to writing, more especially, if it has been so committed without order or arrangement, and still more so, when no such written account exists; seeing, too, that when, as not unfrequently happens, all the aged, most experienced, and most discreet rulers of the Royal City of London have been carried off at the same instance, as it were, by pestilence, younger persons who have succeeded them in the government of the City have, on various occasions, been often at a loss from the very want of such written information; the result of which has repeatedly been disputes and perplexity among them as to the decisions which they should give; it has long been deemed necessary, as well by the superior authorities of the said City as by those of subordinate rank, that a volume—from the fact of its containing the regulations of the City, it might be designated a ‘Repertory’—should be compiled from the more noteworthy memoranda that lie scattered without order or classification throughout the books and rolls, as well as the Charters of the said City. And forasmuch as such design—for some cause unknown, unless, indeed, it be the extreme laboriousness of the undertaking—has not been heretofore carried into effect, a volume of this nature, by favour of our Lord, is now at length compiled, in the Mayoralty of that illustrious man, Richard Whityngton, Mayor of the said City; that is to say, in the month of November, in the year of our Lord’s Incarnation one thousand four hundred and nineteen, being the seventh year of the reign of King Henry, the fifth of that name since the Conquest; containing therein not only those laudable observances, which, though not written, have been usually followed and approved in the said City, to the end that they may not be lost in oblivion hereafter, but also those noteworthy memoranda which have been committed to writing, but lie scattered in disorder in manner before mentioned; that so, by their being ascertained, the superior authorities of the said City, as well as those of subordinate rank, may know henceforth with greater accuracy what in rare and unusual emergencies should be done.”

I purpose in this chapter to make such extracts, quotations, and abridgments from the book as shall serve to explain in general terms, avoiding the minute details with which the book is crowded, the nature of the government of the City in the time of Whittington.

The author treats first of the offices of Mayor, Alderman, and Sheriff. The office of Mayor, he says, ignoring the subtleties of shire law and commune, was originally called Portgrave or Portreeve; he was the King’s representative in the City, Escheator, Chamberlain, and Justiciar, as well as Portreeve. By the Charter of Henry III., the Barons of the City[11] were confirmed in the Privilege of electing their own Mayor every year. The election of the Mayor was an event greatly feared on account of the danger of a riot if the people were allowed to rush tumultuously into the Guildhall. A custom grew up, therefore, for the Mayor, Aldermen, and Sheriffs to meet together some days before the election, and so order things as to meet the danger. They therefore selected certain discreet citizens, so many from each ward, and summoned them by name to be present at the election on the Day of St. Edward, King and Confessor, and on that day no one was allowed in the Guildhall who had not been summoned.

Disputes arose between the Aldermen and the commoners thus selected, the latter claiming the nomination of the Mayor. The Aldermen, however, refused to allow this claim, on the ground that they, too, were citizens, and therefore entitled to vote. They therefore arrived at a compromise by which the commoners, one end of the Hall, nominated two Aldermen who had already served as Sheriffs, and presented their names to the Mayor and Aldermen at the other end, who proceeded to elect one of them.

In the early years of the Mayoralty the same Mayor was often re-elected; the reason why this custom obtained, was that at first the office brought with it no expenses; when, however, the Mayor had to give liveries, to conduct ridings, to maintain servants, and to hold feasts, the expense was generally too great for one man to support for more than a year. When the practice had become common for the Mayor to retire after one year, then, and not till then, the Aldermen went through the form of offering him a second term as a compliment.

“The feast of the Apostles Simon and Jude being now come, about the tenth hour by the clock, it was the custom for the Mayor, all the Aldermen—arrayed in cloaks of violet,—and numerous commoners, to meet together at the Guildhall. Silence and attention being then enjoined by the Common Crier, in other words, the Serjeant-at-arms, and duly made, the Recorder, seated at the right hand of the Mayor, announced to the people that, in conformity with the ancient usage of the City, upon that day he who was to be Mayor for the then ensuing year was to take the oath. Then it was the custom also for him to compliment the outgoing Mayor upon such points as deserved commendation; and the Mayor, too, if he had anything to say, was duly heard. This done, the outgoing Mayor vacated his seat, and the Mayor-elect took his place; the past Mayor, however, sitting next to him, on his left hand. Then the Common Serjeant-at-arms, holding before him the book with the Kalendar, with the effigy of Him crucified on the outside thereof, and he in the meantime placing his hand upon the book, the Common Clerk read to him the oath that he was about to make on the morrow in the King’s Exchequer. When he had made the promise and duly kissed the book, the old Mayor delivered to him the Seal of the Statute Merchant, together with the Seal of the Mayoralty, enclosed in two purses. The new Mayor was also heard, if he had anything to say, by way of entreating the aid of his fellow-Aldermen during his time, as also the Sheriffs and substantial men of the community, for the better government of the City.”

On the day after, the Mayor took the oath at the Exchequer:—

“On the morrow of the Feast of the Apostles Simon and Jude, provided such day was not Sunday—in which case the ensuing Monday was substituted,—it was the custom for both the new and the past Mayor, and the Aldermen as well, in a like suit of robes, attended by the Sheriffs, and as many as were of the Mayor’s livery and of the several mysteries, arrayed in their respective suits, to meet on horseback upon the place without the Guildhall about nine by the clock, the sword being borne upright before the person nominated as Mayor. Departing thence, they rode together along Chepe, through the gate of Newgate, and then, turning into Flete-street, passed on to Westminster.

Upon their arrival there, the Mayor, Aldermen, and Sheriffs alighted from their horses, and, preceded by the mace-bearers and Mayor’s sword-bearer, ascended to the room of the Exchequer, where were the Chancellor, Treasurer, Keeper of the King’s Privy Seal, and Barons of the Exchequer. The Mayor, Aldermen, and Sheriffs then standing at the Bar, the Recorder stated how that the City of London, in accordance with its ancient customs and liberties, had chosen N. as Mayor for the year then next ensuing, requesting the Barons, on behalf of the City, to accept the individual so elected, who then and there appeared in person. Answer being made by the chief Baron, or his representative, that it was their pleasure so to do, the book was presented to the Mayor, placing his hand upon which, he was charged with the same oath that he had made at the Guildhall.”

This oath is given in full in _Liber Albus_, and we may compare it with that of an Alderman on p. 78.

“You shall swear, that well and lawfully you shall serve our lord the King in the office of the Mayoralty in the City of London, and the same City you shall surely and safely keep to the behoof of the King of England, and of his heirs, Kings of England; and the profit of the King you shall do in all things that unto you belong to do, and the rights of the King, in so far as unto the Crown they belong within the said City, you shall lawfully keep. You shall not assent unto the decrease, or unto the concealment of the rights or of the franchises of the King; and where you shall know the rights of the King or of the Crown, be it in lands, or in rents, or in franchises, or in suits, to be concealed or withdrawn, to your utmost power you shall do to repel it; and if you cannot do it, you shall tell it unto the King, or unto them of his Council, of whom you shall be certain that they will tell it unto the King. And that lawfully and rightfully you will treat the people of your bailiwick, and right will do unto every one thereof, as well unto strangers as to denizens, to poor as to rich, in that which belongeth unto you to do; and that neither for highness, nor for riches, nor for promise, nor for favour, nor for hate, wrong you shall do unto any one; nor the right of any one shall you disturb, nor shall you take anything whereby the King may lose, or by which his right may be disturbed. And that in all things which unto the Mayor of the said City it pertaineth to do, as well in the regulation of victuals as in all other things, well and lawfully you shall behave yourself.—So God you help, and the Saints.”

This done, it was the custom for the chief Baron of the Exchequer, on behalf of the King and the Lords, to charge the Mayor in especial to preserve peace and tranquillity in the said City; and then, to the best of his ability, so to exercise surveillance over the sellers of all kinds of provisions, as not to allow the public to suffer from excessive prices. And after this, it was the usage for the late Mayor there to present himself as ready to account for his office as Escheator; whereupon he also was sworn to render a good and faithful account of the said office, appointing there such person as he might think proper to act as his attorney in passing his accounts.

The Mayor also and Aldermen, in behalf of the City, appointed a member of the Exchequer as attorney of the said City, to challenge and claim their liberties, as and when necessity might demand; after which, upon receiving leave from their lordships, they withdrew. In like manner also, in the Common Bench, they appointed a member of that place to act as attorney for the City. But in the King’s Bench it was the custom for them to appoint two attorneys, jointly and severally, to claim the liberties and ancient customs of the said City, as and when necessity might demand. Which done, they returned, the commons preceding on horseback in companies, arrayed in the suits of their respective mysteries. Those, however, who were members of the mystery to which the Mayor belonged, as also those who were of his livery, proceeded next before the Mayor. No person, however, moved so close to the Mayor but that there was a marked space between, while the serjeants-at-arms, the mace-bearers, and his sword-bearer, went before him, with one Sheriff on his right hand, and the other on his left, bearing white wands in their hands. The Recorder and the other Aldermen followed next in order, and accompanied him through the middle of the market of Westchepe to his house, after which they returned home, as many, that is, as had not been invited to the feast.

On the same day, after dinner, it was the custom for the new Mayor to proceed from his house to the Church of Saint Thomas de Acon, those of his livery preceding him; and after the Aldermen had there assembled, they then proceeded together to the Church of Saint Paul. Upon arriving there, at a spot, namely, in the middle of the nave of the Church, between the two small doors, it was the custom to pray for the soul of Bishop William, who, by his entreaties, it is said, obtained from his lordship, William the Conqueror, great liberties for the City of London; the priest repeating the _De Profundis_. They then moved on to the churchyard, where lie the bodies of the parents of Thomas, late Archbishop of Canterbury; and there they also repeated the _De Profundis_, etc., in behalf of all the faithful of God departed, near the grave of his parents before mentioned. After this, they returned through the market of Chepe (sometimes with lighted torches, if it was late) to the said Church of Saint Thomas, and there the Mayor and Aldermen made an offering of one penny each; which done, every one returned to his home, and the morning and the evening were one day.

We come next to the office of Alderman. The Aldermen had of old not only the style and title of Barons, but were buried with baronial honours:—

“For in the church where the Alderman was about to be buried, a person appeared upon a caparisoned horse, arrayed in the armour of the deceased, bearing a banner in his hand, and carrying upon him the shield, helmet, and the rest of his arms, along with the banner, as is still the usage at the sepulture of lords of baronial rank. But by reason of the sudden and frequent changes of the Aldermen, and the repeated occurrence of pestilence, this ceremonial in London gradually died out and disappeared. From this, however, it is evident what high honour was paid to the Aldermen in ancient times.”

The election of an Alderman was after the manner following:—

“It is the custom for the Mayor to proceed to the Ward that is vacant, and, at the place where the Wardmote of such Ward is usually held, to cause to be summoned before him by the bedel all the Freemen who inhabit such Ward, should he think proper: and there forthwith, if they are willing and able, or else on a given day, the Alderman is to be elected by the greater and more substantial portion of them, provided always, that fifteen days do not expire before making such election; for in such case, the Mayor is bound, and has been wont, with the counsel of his fellow-Aldermen, to appoint some man who is honest, rich, and circumspect, to be Alderman of such Ward. It is the duty also of the men of such Ward, when they have made their election, in manner already stated, to present the person so elected to the Mayor and Aldermen for admission.

And if the person elected, after he has been admitted, shall refuse to accept or undertake such charge, by custom of the City he shall lose his freedom; and he is not to be readmitted to the same without making a notable fine and ransom. But if the person so elected is duly admitted, in such case he shall take the oath that is entered in the Second Part of Book III. of the present volume, folio 125; provided always, that if the Mayor and Aldermen, for some notable cause, shall not think proper to admit the person elected, the Ward shall proceed again to make a more suitable election. But if the Wardsmen shall refuse to do this, or if, from malevolence and pride of heart, they shall elect some other person whom the Court, taking into consideration the advantage and honour of the City, cannot so far demean itself as to accept, it is the usage for the Mayor and Aldermen, as in the former case, after waiting fifteen days, to elect and admit another.” (_Liber Albus_, pp. 35-36.)

This is the form of oath taken by the newly elected Alderman:—

“You shall swear, that well and lawfully you shall serve our lord the King in the City of London, in the office of Alderman in the Ward of N, wherein you are chosen Alderman, and shall lawfully treat and inform the people of the same Ward of such things as unto them pertain to do, for keeping the City, and for maintaining the peace within the City; and that the laws, usages, and franchises of the said City you shall keep and maintain, within town and without, according to your wit and power. And that attentive you shall be to save and maintain the rights of orphans, according to the laws and usages of the said City. And that ready you shall be, and readily shall come, at the summons and warning of the Mayor and ministers of the said City, for the time being, to speed the Assizes, Pleas, and Judgments of the Hustings, and other needs of the said City, if you be not hindered by the needs of our lord the King, or by other reasonable cause; and that good lawful counsel you shall give for such things as touch the common profit in the same City. And that you shall sell no manner of victuals by retail; that is to say, bread, ale, wine, fish or flesh, by you, your apprentices, hired persons, servants, or by any other; nor profit shall you take of any such manner of victuals sold during your office. And that well and lawfully you shall (behave) yourself in the said office, and in other things touching the City.—So God you help, and the Saints.” (_Liber Albus_, p. 267.)

Formerly, says the author, the wards were called after their Aldermen, as the Ward of Anketill de Auvern, the Ward of Henry le Frowyk, and others; but afterwards the Aldermen were called after their wards.

The person of the Alderman was sacred. If a man struck an Alderman he had his hand struck off; if he defamed an Alderman he was pilloried and imprisoned.

The Alderman held his office for life. He was the magistrate, almost despotic, of his own ward; he had his officers or serjeants to attend him; and he presided at the Court called the Ward Mote, by which inquiry was made into the condition of the ward.

The Sheriffs were elected on the Day of St. Matthew, the 21st of September.

“As concerning the election of sheriffs,—the Mayor, Recorder, Aldermen and Commons, are to be assembled on the day of Saint Matthew the Apostle [September 21], in such manner as is ordained on the election of the Mayor; and in the first place, the Mayor shall choose of his own free will, a reputable man, free of the City, to be one of the Sheriffs for the ensuing year; for whom he is willing to answer as to one-half of the ferm of the City due to the King, if he who is so elected by the Mayor shall prove not sufficient. But if the Mayor elect him by counsel and with the assent of the Aldermen, they also ought to be answerable with him. And those who are elected for the Common Council, themselves, and the others summoned by the Mayor for this purpose, as before declared, shall choose another Sheriff, for the commonalty; for whom all the commonalty is bound to be answerable as to the other half of the ferm so due to the King, in case he shall prove not sufficient. And if any controversy arise between the commons as to the election, the matter is to proceed and be discussed in such manner as is contained in the article upon the ‘Common Council’ in the 13th Chapter of this First Book.

And if any one of those then chosen to be Sheriffs shall refuse or absent himself, so as not to be ready at the Guildhall in the Vigil of Saint Michael next ensuing, at ten by the clock, there to receive his charge, there shall be levied forthwith from the goods, lands, and tenements of him who so absents himself, one hundred pounds; one-half to the use of the Chamber, and the other half to the use of him who shall be then suddenly elected and charged by reason of such default. And if the second person elected shall refuse the charge, all his goods, lands, and tenements, shall be arrested, for all expenses touching that office.

And the old Sheriffs shall come to the Guildhall, at eleven by the clock at the very latest, and shall deliver to the Mayor (at the latest, at the Mayor’s general Court that is held after the Feast of the Epiphany) all records of pleas touching freeholds pleaded before them in their time, with all other memoranda touching recoveries suffered by any person, under a penalty of one hundred shillings, to be levied from each of them and to be paid to the use of the Chamber. To do which, the Mayor shall warn them the day on which they shall receive their charge. And then the Mayor shall deliver the Cocket[12] to such Sheriff as he himself shall have chosen, and the records to the Chamberlain for safe custody.” (_Liber Albus_, Riley’s translation, pp. 39-40.)

The following was the oath of the Sheriffs:—

“You shall swear, that you shall be good and true unto N, the King of England, and his heirs, and the franchise of the City of London you shall save and maintain, within the City and without, according to your power; and that well and lawfully you shall keep the Counties of London and of Middlesex, and the offices which unto the same Counties appertain to be done, well and lawfully you shall do, according to your wit and power; and that right you shall do as well to poor as to rich; and that no good custom you shall break, or evil one maintain. And that the assizes of bread, and of ale, and all other assizes which unto you pertain, within the franchise of the City and without, well and lawfully you shall keep and shall cause to be kept. And that the judgments and executions of your Court you shall not delay without reasonable cause, nor any right disturb; and that the Writs which unto you shall come, touching the state and the franchise of the City, you shall not return before you have shown them unto the Mayor, for the time being, and unto the Council of the City, and of them have advice. And that ready you shall be, at reasonable warning of the Mayor, for keeping and maintaining the peace and state of the City. And that all other things which pertain unto your office and the keeping of the said Counties, lawfully you shall do, by you and yours, and the said City shall keep from harm, according to your wit and power. And that the County of Middlesex or the keeping of the Gaol of Newgate you shall not let to ferm.—So God you help, and the Saints.” (_Liber Albus_, pp. 266-267.)

When the Sheriffs were sworn all their servants had to take oath: their serjeants, clerks, valets, bailiffs of the customs and of Middlesex, and the gaoler of Newgate and his clerk; and the same day the Sheriffs were to go to Newgate and to take over the prisoners there; observe, by the terms of their oath, that they were not allowed to let the gaol “to ferm” nor the County of Middlesex.

Other officers were the Recorder, who was to be, on appointment, a barrister of less than sixteen years’ standing, the Chamberlain, the Common Serjeant-at-Law, and the Common Clerk. And there were inferior officers, clerks and serjeants.

Leaving the officers, John Carpenter goes on to show how the Barons and the community must behave towards the King and his Justiciars: in other words, he speaks of the method of receiving the King’s Writs and the Pleading of the Pleas of the Crown. Let us pass over these points, which are curious to the antiquary, and come to the methods of hearing criminal cases:—

“It is to be observed that, in accordance with the ancient liberties and customs of the City of London, there are three purgations in Pleas of the King’s Crown, by means whereof persons appealed, charged, and accused, are in duty bound to acquit themselves. The first of these is employed in cases of homicide or murder; such purgation being called the ‘Great Law.’ The second kind of purgation bears reference to mayhem, and is known as the ‘Middle Law.’ The third purgation is employed in cases of assault, battery, rapine, wounding, blows, bloodshed, and other injuries of a like nature, inflicted at the season of Our Lord’s Nativity and in the weeks of Easter and Pentecost; such purgation being styled the ‘Third Law.’

When a person is bound to clear himself by the Great Law, the mode of proceeding according to such law is as follows:—He who is so appealed, charged and accused, has to make oath in his own behalf six times, in his own proper person; to the effect, that is to say, on each occasion, that he is innocent and guiltless of felony and breach of the peace of his lord the King, as also of all crime so laid to his charge,—‘So God may help him and those holy Gospels.’ After this, six men are to make oath that, to the best of their conscience and understanding, the oath that he has so sworn is a sound oath and a safe,—‘So God may help them and those holy Gospels.’ And this proceeding shall be repeated until the number of six-and-thirty jurors is exhausted; due care being taken that on each occasion the person accused makes oath first, in form before stated, and then, after him, six men, until the number before mentioned is completed.

In selecting these six-and-thirty men, the procedure, according to the ancient usage of the City of London, is wont to be, and should be, as follows:—The person accused being absent, eighteen men must be chosen from the East side of Walebroke and eighteen men from the West side of Walebroke, persons who are not kinsmen, cousins, or members of the family of the accused, nor yet connected with him by marriage or in any other way, but only trustworthy men of the franchise of the City. The names of these persons are to be read to the accused; who, upon hearing them, shall show unto the Mayors and Barons of the City the names of such among them as he holds suspected. And if he shall show reasonable cause against them, the names of such persons shall be struck out of the written list, and others shall be chosen in their stead, to complete the aforesaid number and duly to be read before him. And when the accused shall be content with the names so entered, and shall have put himself upon them for clearing himself of the said accusation, then, by counsel of the City, he shall appear before the Justiciars of his lordship the King, at a certain time and place, to wage and make his law. But in accordance with the ancient usage of the City, such person shall have respite for making his law for a term of forty days at the least complete. And the names of the six-and-thirty men so chosen shall be delivered unto the Justiciars of his lordship the King.

In making the Middle Law, the procedure is as follows:—The person, namely, who is charged and appealed of mayhem has to take oath in his own behalf three times, in his own proper person; to the effect, that is to say, on each occasion, that he is innocent and guiltless of that felony, and of breach of the peace of his lord the King, as also of all crime so laid to his charge,—‘So God may help him and those holy Gospels.’ After him also, six men are to make oath that the oath that he has so sworn is a lawful oath and a safe, to the best of their conscience and understanding,—‘So God may help them and the holy Gospels.’ And this proceeding shall be repeated until the number of eighteen jurors is exhausted; due care being taken that on each occasion the person accused makes oath first, in form before stated, and then, after him, six men, until the number before mentioned is completed.

In selecting such eighteen men, the same procedure is to be observed as is set forth above in all matters relating to the Great Law before mentioned.

In making the Third Law, the procedure is as follows:—A person accused of assault, battery, rapine, wounding, blows, bloodshed, and other injuries of a like nature, inflicted at the holy seasons before named, has to make oath once in his own behalf, in his own proper person; to the effect that he is innocent and guiltless of the misdeed laid to his charge, and of breach of the peace of his lord the King at the holy seasons above mentioned,—‘So God may help him and those holy Gospels.’ After him also, six men are to make oath that the oath that he has so sworn is a lawful oath and a safe, to the best of their conscience and understanding,—‘So God may help them and those holy Gospels.’ And be it known, that these six men should be chosen of the venue in which the person so accused is dwelling; provided always, that they are not cousins, or kinsmen, or members of his family, nor yet connected with him by marriage, or in any other way, but only trustworthy men of that venue and of the franchise of the City. And the names of such persons shall be read to the accused, etc., as above stated under the Great Law.”

The old custom of holding the Folk Mote was still kept up though the Common Council now performed its most important functions:—

“There are three principal Folkmotes in the year. One is at the feast of Saint Michael, to know who shall be Sheriff, and to hear the charges given. The second is at Christmas, to arrange the Wards. The third is at the feast of Saint John (24th June), to protect the City from fire, by reason of the great drought. If any man of London neglects to attend at one of these three Folkmotes, he is to forfeit forty shillings to the King. But, by the Law of London, the Sheriff ought to enquire after him whom he shall think proper, that is to say, whether he is there or not. And if there be any one who is not there, and he is there enquired after, such person ought to be summoned to the Hustings, if he is bound to abide by the law of the city. If the good man says that he was not summoned, the same must be known through the bedel of the Ward. If the bedel says at the Hustings that he was summoned, even where it is proved that the bedel has no other witness, no witness needs he have, save the great bell that is rung for the Folkmote at St. Paul’s.”

The most important Court was that called the Hustings:—

“Be it made known, that all lands, and tenements, rents and services, within the City of London and the suburbs thereof, are pleadable at the Guildhall in the same city, at the two Hustings; of which the one Hustings is called ‘Hustings of Pleas of Land,’ and the other Hustings is called ‘Hustings of Common Pleas’; which Hustings are holden in the said Guildhall, before the Mayor and Sheriffs of the same city, upon the Monday and Tuesday in each week; that is to say, upon Monday, for demanding appearance of demandants, and for the award of nonsuits, and the allowing of essoins; and upon Tuesday, for the award of defaults, and for pleading—certain seasons and Feast-days excepted, as well as other reasonable causes; at which times no Hustings can be held, by usage of the city aforesaid. It should also be known, that the Hustings of Pleas of Land must be held one week apart by itself, and that of Common Pleas the next week apart by itself, upon the days aforesaid; but the enrolments and titles of the said Hustings make mention of Monday only.”

I am indebted to Dr. R. Sharpe’s Introduction to his _Calendar of Wills_ for the following additional notes on the “Court of Husting.” (1) To begin with, it was the single institution which the Saxon borrowed from the Dane. “Husting” = Hus-thing, the cause or case pleaded in the House, instead of in the open air.

The Court of Husting is mentioned in the Laws of Edward the Confessor as the place where the Court of the King is held every Monday. It is the oldest Court of record in the City, and at one time constituted the sole court for settling disputes between citizen and citizen. After the establishment of the Mayor’s and Sheriff’s Court for the settlement of actions merely personal, all actions affecting laws were heard in the Court of Husting. It was a Court of appeal for the Sheriff’s Court, while appeal from the decisions might be heard by certain commissioners at St. Martin-le-Grand. There was, after this, final appeal to the House of Lords.

The Court sat for a long time on Monday only. Thus it became the custom to sit on Monday for purposes of demanding the appearance of defendants, the award of nonsuits and the allowing of essoins, _i.e._ excuses for non-appearance. The sitting of Tuesday was for the award of defaults and for pleading. Eventually the Monday sitting was discontinued.

During the fairs of Boston and Winchester, and during harvest-time, the Court did not sit.

The judges in the Court of Husting were the Mayor and Sheriffs, the Recorder sitting as assessor for the examination of witnesses and for preliminary judgment. As the Court could not be held in the absence of the Mayor, and great inconvenience was sometimes so caused, an Act was passed in 1584 providing that, if the Lord Mayor was prevented from attending by sickness, any Alderman who had passed the Chair might act for him. But as early as the thirteenth century it had become a custom for any Aldermen to be present in the Husting and to act as Judges.

It was the custom for the officer who summoned the Aldermen to the Court to show his respect for them and for the Court by riding a horse valued at a hundred shillings at least.

The Town Clerk was Registrar.

The Counsel employed in the Court were the four City pleaders; the attorneys were those of the Mayor’s clerk.

The reader is referred to Dr. Sharpe’s pages for details of the Common Pleas and Writs used in this Court.

Aliens could be admitted to the freedom of the City only by this Court.

Disputes as to building were decided by this Court.

It was even a place for public penance. Perjury was punished by imprisonment until the next Husting, when the offender was placed upon a high stool before all the people while his crime was read aloud. After this, he was set at liberty.

In this Court deeds and wills were enrolled.

In this Court land was conveyed by a method “described by Blackstone as a kind of real contract, whereby the bargainer for some pecuniary consideration bargains and sells, that is, contracts to convey the land to the bargainee, and becomes by such bargain a trustee for, or seised to the use of the bargainee, and then the Statute of Uses completes the purchase; in other words the bargain first vests the use, and then the statute vests the possession.” (_Calendar of Wills_, i. 23.)

Probate of Will naturally belonged to the Court which enrolled Wills.

The Court undertook the guardianship of orphans. The citizen of London had the right of devising part only of his property; a certain part of it going, with or without his wish, to his widow and children. This restriction was only removed by the 2nd Act of George the First. The widow, for instance, by the custom of the City, was entitled to one-third of his estate, the children to another third, the residue was at the free disposal of the testator and was known as the legatory or the dead man’s portion.

Among the wills enrolled in the Court of Husting, Sharpe mentions the following:—

“1. John de Kyrkeby, Bishop of Ely, who endowed his see with houses, vines, and gardens situate at Holborn, whose gift is remembered at the present day by the names of Ely Place, Vine Street, and Kirby Street, and whose gardens, part and parcel of the gift, call to mind the well-known lines put into the mouth of the Duke of Gloucester by Shakespeare (_Richard III._, Act iii. sc. 4):—

‘My Lord of Ely, when I was last in Holborn, I saw good strawberries in your garden there.’

2. William de Farndon, Alderman of Farringdon Ward, to which he gave its name, and Nicholas [le Fevre?], who married his daughter, took his name, and became Alderman of his Ward, which he afterwards disposed of by will to John de Pulteneye, although the latter appears never to have been _de facto_ Alderman of the Ward.

3. William de Elsing, the founder of Elsing Spital, on the site of which was afterwards built Sion College with its almhouses, one of the few picturesque relics of Old London which till lately remained to us, but now vanished.

4. William Walworth, whose prowess when Mayor against the rebel Wat Tyler at Smithfield is sufficiently well known.

5. Sir John Philpot, who was appointed joint treasurer with Walworth for receiving the subsidy granted to Richard II. on his accession, and who received the honour of knighthood with Walworth, Nicholas Brembre, and others.

6. John Northampton and Nicholas Exton, so long rivals of one another, the latter supporting Nicholas Brembre in his endeavour to sustain the monopoly enjoyed by the free fishmongers of the City, in opposition to the former.

7. Richard Whityngton, four times Mayor of London, whose munificent gifts and charitable acts need not be recorded here, as they are already household words.

8. John Colet, Dean of St. Paul’s, Sir Andrew Judde, Sir Andrew Laxton, and many others whose names are associated with the cause of education, not only within the City of London, but in all parts of the country.

9. Sir Martin Bowes, the wealthy and charitable goldsmith, whose almhouses at Woolwich still bear witness to his generosity, and who bequeathed to the Mayor of the City of London for the time being and his successors a goodly cross of gold set with pearls and precious stones to hang at the collar of gold worn by the Mayor at high feasts, ‘as mentioned in the Repertory.’

10. And, lastly, Sir Thomas Gresham (not to mention numerous others), the founder of the College within the City which still bears his name, and to whose munificence the merchants of the City were indebted for their first bourse, or Royal Exchange.” (_Calendar of Wills_, ii. 2-4.)

The Courts of the City, therefore, were the Folk Mote and the Court of Husting, which gave the City a sense of unity though as yet there was no collective governing body and no Head or Chief to stand for the City.

There was, next, the Ward Mote, for the local business of each ward.

“The Wardmote is so called as being a meeting together by summons of all inhabitants of a Ward, in presence of its head, the Alderman, or else his deputy, for the correction of defaults, the removal of nuisances, and the promotion of the well-being of such Ward. The meetings that we call ‘Wardmotes,’ the Romans called _plebiscita_; the same in fact that were styled _folkesmot_ by the Saxons in ancient times. The Aldermen were in the habit also, by virtue of warrants by the Mayor for the time being to them directed, to hold their Wardmotes, twice at least, or oftener, in the year; on which occasions enquiry used to be made as to the condition and tranquillity of the Ward, and such defaults as were presented were corrected by the Alderman, as hereafter will be shown.

The process of holding a Wardmote in London has customarily been as follows:—The Alderman, after receipt of the warrant, is to command his bedel to summon all such men as are householders, as well as all hired servants, in his Ward, to appear before him at a certain day and hour on the morrow of such summons, in a certain place within the same Ward, for the purpose of holding such Wardmote. These names, after the persons have been duly summoned, the bedel is to have entered in a certain roll, those of the freemen, namely, of the City who dwell in that Ward, by themselves, and those of the hired servants and non-freemen, by themselves. And when at the hour appointed they have duly met together, the Alderman having taken his seat with the more opulent men of the Ward, each in his proper place, the clerk of the Alderman is to enjoin the bedel, in behalf of such Aldermen, to command attention; which done it is the clerk’s duty to read aloud the warrant before mentioned, and then to read to the bedel the names that are entered in the roll; while the bedel in his turn proclaims aloud that every person who shall not, there present, answer to his name, and shall make default therein, shall be put down and amerced in the sum of four pence at the least. After this, the bedel is to present to the Alderman a panel, arrayed by the Constables of the Ward, of those reputable men of such Ward by whom Inquisition should be made; which array, if the Alderman shall deem it expedient, he shall be at liberty to amend. This done, the jurors are to have read to them all the articles touching such Wardmote. After this, a certain day for making their presentment is to be given by the Alderman to the jurors. On which day the jurors are to present their verdict indented, one part of it to remain in possession of the Alderman, and the other with the Ward. It is the duty also of the Alderman to present his part to the Mayor, at the sitting of his next General Court; to the end that, after it has been seen and enquired if there is any matter the correction of which pertains unto the Mayor and City, the aforesaid indenture may be redelivered to him, to be acted upon in other respects, etc.

And at the said Wardmote, there ought to be elected by the Alderman and reputable men of the Ward, as also by the jurors, the Scavagers, Ale-conners, Bedel, and other officials; who, at the General Court before mentioned, shall take the oaths befitting their respective offices. The Alderman also used to be specially certified by the bedel as to the names of such hostelers, brewers, bakers, cooks, victuallers, and auctioneers as dwelt within the Ward. Bakers also were to have their stamps there, the impressions of which were to be entered upon the Alderman’s paper; for doing which, every baker had to pay the Alderman four pence, unless it so happened that he had previously paid for an impression being taken of his stamp before the same Alderman of the Ward, no change of Alderman having taken place. It was the usage also for the Aldermen to seal the measures and weights in their respective Wards, and to condemn such as were not sealed, receiving a remuneration for such sealing to their own proper use, in the same way that the City Chamber now receives it. For every Ward had its own measure, made of brass, and corresponding with the royal standard of the City. At such Wardmote also, those persons who are not free of the City, and who have not previously been sworn there to that effect, ought to be put upon frank-pledge, notwithstanding that in other Wards they have been already received therein; on which occasion they are to take the oath for persons about to be admitted to frank-pledge. Every person also who is about to be so received is to give one penny to the clerk for his entrance; and if any such person shall absent himself at such Wardmote, he shall pay four pence to the Alderman; unless indeed such person be a Knight, Esquire, female, apprentice-at-law, or clerk, or some other individual who has not a permanent abode in this City.

The Alderman ought also, in his own person, to supervise and correct all defaults and nuisances presented by the jurors at the Wardmote aforesaid, unless perchance any matters of difficulty should arise, and of a nature bearing reference to the Chamber; matters of which description the Mayor and Chamberlain, aided by the Sheriffs and other officials, shall take in hand. Also, if the Alderman shall find the officers under him remiss or negligent, he shall warn them to amend their conduct; which if they neglect to do, he shall reasonably punish and chastise them, or else report the same to the Mayor, whose duty it is to provide a condign remedy for the same.” (_Liber Albus_, Riley’s translation, pp. 32-35.)

The Common Council—of which we have seen the beginning in the election of the Twenty-four—was now a fully organised body with definite duties, and methods of procedure laid down and established.

“The manner of holding a Common Council is as follows:—The day before the meeting thereof, the Mayor and Aldermen are to cause summons to be made by the serjeants of the Chamber, for sixteen, twelve, eight, or four (according as the Ward is great or small) of the wisest and most wealthy persons of each Ward to appear on the morrow at the Guildhall; and [further, to give notice] that no one is to appear unless summoned, or presume to be present at such Council, under pain of imprisonment, according to ancient usage, as also, by recent enactment, under a certain penalty and chastisement named in an ordinance made in the Mayoralty of Nicholas Wottone. All the commoners, too, that are summoned are to be called over one by one, by a serjeant of the Chamber standing aloft; and as to those who make default, they are to be noted by a clerk of the Chamber in a roll which he holds in his hands, in which are entered the names of those who have been summoned.

And as to those who duly appear, they shall then form a congregation; and if any matter of great difficulty or doubt shall arise, upon which they cannot agree, they shall be severally examined by the Serjeant-at-Law of the Common Clerk and of the Common Serjeant-at-Arms, upon the oath by which they are bound unto the City, etc. And observe, that the business of the City is not to be delayed for the arrival of the men of a Ward or two, supposing that they have been duly summoned; but it must be proceeded with, the presence of the persons so absent not being waited for. Every one, too, of the persons so summoned who does not appear is to be amerced in the sum of two shillings on each occasion, etc.

The oath of the men elected to the Common Council is as follows:—

You shall swear that you shall be trusty unto our lord the King N, and unto his heirs; and shall quickly come, when you are summoned to the Common Council of this City, if you be not reasonably excused; and good and true counsel you shall give, after your wit and cunning; and that for favour of any man you shall maintain no singular profit against the public or common profit of the said City; and that after you come to the Common Council, you shall not from thence depart, without reasonable cause or the Mayor’s license, until the Mayor and his fellows shall have departed; and that what shall be spoken in the Common Council you shall not disclose,—So God you help, and God’s Holy Gospels.

In the Mayoralty of John Warde, the after-mentioned ordinance was entered as to the election of Commoners for the Common Council of the City, to the effect that, whereas heretofore such Commoners had been elected by the Wards, in future the Commoners for the Common Council of the City should be elected by the respective Mysteries, and not by the Wards; that is to say, six by some of the Mysteries, by some four, and by some two. And for the purpose of so doing, bills were sent by the Mayor, not to the Aldermen, but to the rulers of the respective Mysteries. But so long as this ordinance continued in force, tumults increased among the people, and the great were held in contempt by the small. Consequently, great disputes and divisions arose among the citizens, as was seen at the elections of Nicholas Brembre, John Northamptone, and other Mayors, etc. After this, however, the more discreet and more worthy persons of the said City being called together, a long discussion was held as to the amendment of the said ordinance; and at length it was determined that, in accordance with the approved and established practice of ancient and praiseworthy usage, the Common Council should thenceforth be formed by the Wards only, and not by the Mysteries. And this usage, in reference to the great meetings in Common Council, is continued and observed to the present day.” (_Liber Albus_, Riley’s translation, pp. 36-37.)

Upon the Sheriff’s Court was laid a great quantity of work and responsibility.

There was also the Bishop’s Court for questions connected with Church property and the claims of the Church.

The officers of the City consisted of the following:—

First the principal officers—

Mayor, Aldermen, Sheriffs.

The Court of Common Council.

The Recorder, the Chamberlain, the Common Serjeant-at-Law, the Common Clerk.

The Common Serjeant-at-Arms or the Common Crier, the Clerks of the proceedings, the Serjeants of the Mayor and the Chamberlain, the Constables, the Scavagers, the Bedels, the Brokers, the Ale-Conners, the Under-Sheriffs and the Clerks of the Sheriffs, the Sheriffs’ Serjeants, the Serjeants’ Grooms, the Bailiffs of the Market, the Wardens and Bailiffs of the Bridge, etc.

There was great jealousy as to admission to the freedom of the City.

“Also, because as well in times past, out of memory, as also in modern times, the City aforesaid is wont to be defended and governed by the aid and counsels as well of the reputable men of the trades-merchant as of the other trades-handicraft; and from of old it hath been the usage, that no strange person, native or alien, as to whose conversation and condition there is no certain knowledge, shall be admitted to the freedom of the City, unless first, the merchants or traders of the City following the trade which the person so to be admitted intends to adopt, shall be lawfully convoked; that so, by such his fellow-citizens, so convoked, the Mayor and Aldermen, aforesaid, being certified as to the condition and trustworthiness of the persons so to be admitted, may know whether such persons ought to be admitted or rejected; the whole community demands, that the form aforesaid, so far as concerns the more important trades and handicrafts, shall in future be inviolably observed, that so no person in future may against the provision aforesaid be admitted to the freedom of the City.” (_Liber Albus_, p. 425.)

On the post and duties of the Coroner, Dr. Reginald Sharpe (_Letter Book B_) furnishes valuable information.

The functions of Coroner were exercised by the Chamberlain and Sheriffs. The King’s butler, to whom the office of Coroner belonged, was generally made City Chamberlain. In December 1302 the King’s Writ notified the Mayor and Sheriffs that William Trente, his Chamberlain, to whose bailiwick the office of Coroner in the City belonged (_ad cujus ballivam officium Coronatoris ... pertinet_), being busy on affairs of State, had deputed John le Clerk to act as Coroner.

More than once the citizens endeavoured to get the appointment of Coroner into their own hands. It was Edward the Fourth who, in consideration of a sum of £7000, gave the City a Charter which, among other things, enabled the citizens to appoint their own Coroner.

“The customary procedure of holding an inquest on the body of any one who had died in the City, otherwise than by his rightful death (_ex alia morte quam recta morte sua_), was as follows:—After receiving notice of such a death having occurred, and of the body of the deceased lying in a certain house in a certain ward, the Chamberlain (or Coroner) and Sheriffs proceeded thither, and having summoned a jury (drawn partly from the ward in which the body was found, and partly from two, or sometimes three, of the nearest wards), set to work to diligently inquire (_diligenter inquisiverunt_) how the deceased came by his death. If the Chamberlain and Sheriffs failed to hold an inquest, or held an insufficient one, in cases where the Justices Itinerant thought an inquest necessary, they were amerced.

The jurors were practically both judges and witnesses, and gave evidence as to all the facts connected with the deceased’s death, so far as they could be ascertained. The corpse was then viewed, and if its appearance tallied with the evidence given, and the jury were decided as to who caused the death, a precept was issued for the arrest of the felon (if not already in custody), and his goods were valued, for which the Sheriffs were answerable. The discoverer of the corpse, as well as those who witnessed the felony, and two or four neighbours, were usually attached by sureties to appear, if required, before the Justices Itinerant at their next coming to the City.

Not only was the discoverer of the corpse bound to raise the hue and cry so that the neighbours (_patria_) might come and assist in the capture of the felon, but every one who saw the felony committed was bound to do the same, and to lose no time in giving notice to the Chamberlain and Sheriffs, or risk imprisonment on the appearance of the Justices.” (_Letter Book B_, p. xii.)

The custom of deodand, which was kept up until very recently, was curious. The thing which caused the death of any person by misadventure became forfeited to the King by way of deodand, or gift of God. In course of time not the thing itself, but its value, was the deodand. Thus, if a horse, a boat, a beam, caused the death of any one, its value was forfeited and paid to the Sheriffs for the Mayor and Corporation.

The laws by which London was governed are too long for quotation; they are explicitly set forth in _Liber Albus_. In the year 1191 it was provided that a body of twelve Aldermen should be elected in full Husting, in order to decide all questions that might arise over the enclosure of land; they also had the power to prevent the erection of any wooden house; the walls, either party wall or outside wall, were to be sixteen feet high at least, and three feet thick; and the roofs were to be of tiles or slate instead of thatch. The law, like so many mediæval laws, was sensible and necessary. It fell through, as did all mediæval laws, for want of police to execute it. In London there were thousands of houses at that moment built of wood with roofs of thatch. There does not appear to have been any attempt made to replace wood with stone. That, indeed, would have been impossible on account of the cost; but, at least, as houses fell down, and many of them in the narrow courts were only wattle and daub, an attempt might have been made to replace them with more substantial houses having roofs of tiles. The mediæval way was to understand very clearly what ought to be, then to pass a law commanding that thing to be, and then to sit down, with the feeling that duty had been done.

The general regulations which governed the daily life are given under the heading of “Inquisitions at the Ward Motes”:—

“You shall present if the peace of his lordship the King has been broken, or any affray made within the Ward since the last Wardmote, and by what person or persons the same was done: or if any covin or assemblage against the peace of his lordship the King has been made.

Item, if there is any one resident or harboured within the Ward, who is not a lawful person, or not of good fame, or not under frank-pledge.

Item, if any woman of lewd life, or common scold, or common bawd, or courtesan, is resident within the Ward.

Item, if there is any oven, furnace, or defective reredos within the Ward, whereby it is likely that there may arise misadventure by fire; or if any persons use other fuel than wood or charcoal, against the Ordinance of the City.

Item, if any taverners, brewsters, hostelers, or chandlers, sell without measures sealed with the seal of the Alderman or of the Chamber of the Guildhall; and if any one of them sells against the Assize made thereon by the Mayor, Aldermen, and Common Council of the City; and if any one of them receives gamesters or other riotous persons after the hour forbidden by the Ordinance of the City; and if there are any persons in the Ward who are outlawed.

Item, if there is any huckster in the Ward.

Item, if any house in the Ward is covered with any other roofing than tiles, lead or stone, and none with reeds or straw.

Item, if there is any one whose practice it is to place filth in any streets and lanes within the Ward, and offensively before the doors of others.

Item, if any swine or cows are reared within the Ward, to the annoyance of the neighbours.

Item, if any leper is resident in the Ward.

Item, if any bargain of usury has been made within the Ward since the last Wardmote.

Item, if any purprestures are made in the streets or lanes, or upon the walls or fosses, of the City, or upon the Thames or other common soil within the Ward.

Item, if any baker of tourte bread bakes white bread, or the converse.

Item, if there are any persons in the habit of wandering within the Ward after forbidden hours, and in manner forbidden by the Common Council of the City.

Item, if any officer of the City has made extortion or affray within the Ward under colour of his office, to the wrong and detriment of any person; and what it is that has been so done, and how done; or if any person is a maintainer or champertour of litigation that is carried on within the Ward.

Item, if any person pays, or gives as wages unto, masons, carpenters, daubers, tilers, or any other labourers whatsoever, more than is ordained.

Item, if the ale-stake of any tavern is longer or extends further than is ordained.” (_Liber Albus_, Riley’s translation, p. 290.)

Then follows the regulation of various trades. The baker comes first, subject to so many rules and prohibitions that one is surprised to find any one willing to practise the mystery. Millers, brewers, and sellers of ale, are also taken under paternal surveillance. Usury is strictly forbidden—the frequency of the prohibition shows how powerless the law was to prevent it. The companies had Hall Motes, or meetings of their members, twice a year, at which their ordinances were to be read. No one was to take more than two or three apprentices, and then for a term of at least seven years. No one was to be wandering on the streets after curfew, unless he was a man of repute or his servant. No one was to carry arms in the City. Every Alderman was to keep a good watch on his Ward. None but free men were to be admitted to the freedom of the City. Wager of battle does not lie between persons free of the City, unless they consented thereto.

In addition to the Courts already mentioned, there were the Courts of the Sokes; that is to say, of those places which were outside the jurisdiction of the City; such were the places called afterwards Liberties.

The Iter, or Eyre, was a holding by the Justices Itinerant of the Pleas of the Crown, at which the citizens received, and had to answer a series of questions on, their Privileges, Customs, Liberties, and Rights. It was a Court which could be held in a day or two, without giving much trouble, or it was a Court which could be vexatious and oppressive to the highest degree.

John Carpenter is as full and explicit on the subject of the Iter as can be desired. He contemplated that it would be got through in a day or two. But it was a solemn and important function. The Justices sat in the Great Hall of the Tower; on the day appointed, all the laymen of the City were bound to meet at All Hallows at Barking, properly arrayed—“all the laymen”—does this mean the whole body of merchants, traders, and craftsmen? That might mean a company of 40,000 men! During the holding of the Pleas, no shop, seld, cellar, or solar was to be kept open, and nothing was to be sold. Evidently, therefore, the Iter was not expected to take long:—

“Also, upon the same day, by sanction of the Common Council of the City, there should be sent from Berkyngecherche six or more of the more serious, honourable, and discreet Barons of the City; who are to enter the Tower for the purpose of saluting and welcoming his lordship the King, his Council, and his Justiciars, on behalf of the City; begging of them that, if it so please his lordship the King, they may safely appear before them in the said Tower, saving all their liberties and customs unto the Mayor and all other citizens. For his lordship the King and all his predecessors, Kings of England, and their Justiciars, have always preserved unto all the citizens their liberties safe and unimpaired.

And further, the men before named should show unto his lordship the King, and unto his Council and his Justiciars, that, on behalf of his lordship the King, they ought to forbid any person to presume to keep ward at the doors or gates unless he be one of their own fellow-citizens, and by them thereunto appointed. Nor should any marshal or crier appear among their fellow-citizens unless he be one of their number, and acting by desire of the said citizens. For, in accordance with the liberties of the City, they ought, and of usage are wont, to have no porter, usher, marshal, or crier, except of their own number, and such persons as they shall think fit. All the gates and doors are to be kept open to the Barons and to all the citizens, so long as the Pleas of the Crown are being holden, to the end, that they may have free ingress and egress. For so it ought, and of usage is wont, to be.

After this, three men, discreet and moderate, should be chosen; one of them is to present unto his lordship the King, and unto his Council and Justiciars, in due order, such haps and mishaps concerning the Crown of his lordship the King as have occurred within the City, from the time when the pleas were last holden down to the present time: while the other two men are to remain standing by the said presenter, the one namely on his right hand and the other on his left. And if it should so happen that while thus making the presentment he becomes fatigued, one of these is to continue such presentment. And if by any chance he should commit an error in making the presentment, he must in a low voice be corrected by the two who are standing by, it being understood that no other person shall in any way presume to disturb or to correct such presenter, but only the two who are standing by him, in manner already mentioned. No tumult, no murmur, no strife, no debate with one another, is to be going on among the people while such presentments are being made; but all persons are to keep themselves quiet and without litigation, as they would preserve the honour and the liberties of the City, and to the end that the presenter may be heard by all and duly understood in peace.

It should also be known and kept in memory that, in the case of all things charged against the Barons and the community of the citizens, the answer to be made by the City is this—That although they may be fully instructed and certified how to make answer, still, they will not advisedly make answer thereto; but, after holding counsel and conference together thereupon, they will make answer by the Common Council, saving always the liberties of the City. And for the purpose of preparing such answers, four-and-twenty persons or more must be chosen from the Common Council, who shall forthwith proceed to hold a Common Council of the City for ensuring the safety and protection of the whole body of the citizens. And no stranger shall thrust himself among them, to hear the counsels of the City, so long as they shall be thus holding conference together thereon.

After the Justiciars of his lordship the King shall have handed and shown unto the Mayor and Barons of the City the articles pertaining unto the Crown, they shall immediately demand a fitting day, for the purpose of making due preparation and taking counsel thereon, to the end that they may be able safely to make answer to the said articles upon the day so granted unto them by the Justiciars; and that in the meantime they may be enabled discreetly to enrol and brief the same articles and their answers thereto.

From the four-and-twenty men or more before mentioned, four persons or more should be selected, of the Common Council of the City, to be associated with the Mayor for the purpose more especially of making answer to the charges and articles aforesaid. Also the Mayor’s Clerk, together with the Common Clerk of the City and the Sheriffs’ Clerks, shall be seated before them for the purpose of noting by way of memorial all such charges that are made; lest the same, through default of being so noted, should be lost in oblivion. And one of such persons must act as prothonotary; from whose notes all the others are to take copy, in setting down as well the King’s charges as the answers made by the community.

Also, as concerning the Sheriffs and Aldermen, provision must be made as follows:—The Sheriffs are to have their serjeants there present, and all the Aldermen the bedels of their Wards, becomingly and fairly arrayed and shod, prompt and ready to perform and fulfil the commands of the Mayor and Barons of the City, according to such injunctions as may be given to each; their capes, too, and cloaks laid aside, they are to be fairly arrayed in coats and surcoats, bearing straight white wands in their hands. Of these, too, four or more, as may be necessary, must be assigned to the office of keeping the gates and doors; as also two criers, and certain others who are to act as marshals, in fulfilling such duties as may be enjoined them. And if perchance any one of these should be an aged man, weak or infirm, or have sore eyes, then, at the common expense, another person must be substituted in his place, and of the same ward, efficiently to perform such duties. And as to such men, due precautions should be taken that they be seemly and proper persons, newly shaven and shorn.”

The following are “Articles touching his lordship the King”:—

“Of default made in appearing before the Justiciars. Of those who are at the King’s mercy, and have not been amerced. Of old Pleas of the Crown which have been formerly holden before the Justiciars, and have not been determined. Of new Pleas which have since arisen. Of youths of high parentage and of damsels, who are, and who ought to be, in the wardship of his lordship the King: in whose wardship they are, and through whom, and what is the value of their lands. Of escheats of his lordship the King; what such lands are, and who hold them, and through whom, and what is the value thereof. Of demesnes which are in the gift of the King, what they are, and who hold them, and through whom, and how much the lands thereof are worth. Of churches which are in the gift of the King, whether the same are vacant or not; which are such churches, and who holds them, and through whom. Of purprestures made upon the King, by land or by water, or elsewhere; what they are, and who has made them, and through whom. Of measures made throughout the realm; whether the same are observed in such manner as was commanded, and if any one has given reward to the wardens of such measures, that by measures they may sell or buy; and this is to be understood of all measures, as well of wine as of corn, and all measures (of length). Of wines sold contrary to the assize, and who has sold the same. Of treasures-trove, what they are, and who found the same. Of Christian usurers who have died, who they were, and what chattels they had. Of chattels of French or of Flemings, or of enemies of the King, that have been seized; what the chattels are that have been so seized, and who holds the same. Of chattels of Jews who have been slain, and of their debts, and deeds, and securities; who such Jews were, and who holds their securities or deeds. Of those who hold of the Honour of Pevrel in London and of Pevrel in Dover; who they are, and what land they hold, and by what service. Of outlaws, and burglars, and fugitives, and other malefactors, and of those who have harboured them. Of the seaports; if the same have been well-guarded, and if any one has carried corn or other things to the territories of the King’s enemies for sale. Of those who have taken lack of the thirteenths; who they are, and how much they have taken, and from whom. Of serjeants of hundreds or others who have taken reward from men on account of the thirteenths; who they are, and how much, and from whom. Of those who are wont to do injury in parks and piscaries; who they are, and where they have done so, and in what parks and piscaries. Of fugitives, if any one has returned since his flight. Of prises taken by Sheriffs or Constable, or by any Bailiff, against the will of those whose chattels were to be taken. Of forgers and clippers of the coin.”

But in the Iter of 4 Henry the Third there were only eighteen questions put to the citizens. Both questions and answers turn on points of law. It will readily be understood that such an inquisition was at all times irksome, and might be made tyrannical and intolerable. The Iter of 1321 was such an occasion. It was made to last for six months. One cannot suppose that shops were shut and nothing bought and sold for the whole of that time. The articles and questions submitted to the citizens were more than a hundred in number, and many of them required an investigation of more than twenty years back. In a word, the Justices had come to the Tower with instructions to make themselves as disagreeable as possible, to prolong the inquiries, raise objections, and make difficulties. They carried out these instructions, the citizens becoming more and more indignant. It was intended to prove that the City had been guilty of irregularities, such as to warrant the King’s taking it into his own hands.

Six months after the commencement of these proceedings, however, an insurrection was threatened in Wales. This made it desirable not to exasperate the Londoners any more, and the Iter was brought to a sudden close.

Let us, at this point, consider briefly the relations of London with the King. London, as we know already, except for a very brief period, had no over-lord except the King himself. This, one of her greatest privileges, caused the personal character of the Sovereign to be even more strongly felt by the citizens of London than by the rest of the Kingdom. In London, far more than in the rest of the country, the cause of order and authority rested upon the personal character of the King. If he were strong, the City was well-ordered; if he were weak, the City fell into disorder and confusion. Edward the First, when the City was manifestly beyond the control of the officers, deposed the Mayor for a time and governed the City by his own Warden till order was re-established. This power of the King over the City was not considered usurpation; it was part of the recognised order of things; every citizen knew that he was a servant of the King. On this point let me quote certain wholesome words of Cunningham (_Hist. of Trade_, p. 131):—

“Of all the cant which is current in the present day about history, none is more pernicious than that which despises the story of real personages and real events and busies itself about abstractions, which tells us that it is not concerned with kings and battles, but with the life of the people. It is true indeed that in modern times the life of the people can be treated apart from the consideration of the personal character of George IV. or William IV. But in the Norman reigns this was not the case; security for person and property, intercourse with other nations and commercial advance were directly connected with the personal character of the King; the life of the people was most deeply affected in every way by the strength or weakness of his disposition.”

The King’s revenue was made up of many distinct branches: (1) there were the Royal domain, manor, and estates scattered about the country and let to tenants; (2) there were the fines paid on great occasions; (3) pre-emption, that is, the right of buying what he pleased at his own price; when his purveyors bought goods exposed for sale this was called “prise”; (4) military tenures, by which for each five tithes of land the King might demand a knight’s services for forty days; (5) aids and fines, as on great occasions, such as the marrying of the King’s daughter; (6) the wealth of the Jews who were the King’s property; he was heir to their estates, and could without question seize on all they had; (7) Danegeld, which William continued; its name was changed but the tax remained; (8) tallages, which were aids in time of special need.

All the taxes were at first on estate. Henry the Second introduced taxation on movables. Sometimes it was a fifteenth. The nature of this tax may be imagined by supposing it to be imposed upon a trader’s stock at the present day. His stock is worth, suppose, £9000; he would pay £600 upon it. But he has a house with furniture, plate, pictures, and books which have accumulated for two or three generations. The contents of the house are worth, say, £3000. He would have to pay £200 on this account. He has £12,000 invested; he must pay £800 on the investments. He would have, then, to pay at one call £1600 in taxes. These taxes were not imposed all at the same time, nor on the same class; one year the clergy were called upon, another the knights, on another occasion the City of London would be taxed. It seems to us an arbitrary method; but then we have lost the sense of kingly authority. To our ancestors, whom we must not consider as prophets, it was a right and proper thing that a man should be called upon by the King at any moment to surrender a great slice of his property.

It was the first proof of a bad King that he demanded these aids too frequently. It was another proof that in spite of his aids he allowed the country to fall into disorder. At such times the hapless trader found it impossible to carry on his business in a country infested by robbers and over seas infested by pirates. Yet, even then, the King was still demanding more and more. The best, the only hope of the citizens was, not to be free from the King, but that the King should make his authority felt over them as well as over the country. They wanted a King like Henry the First, Henry the Second, or Edward the First. It was the greatest blessing to London that their Kings were, with one or two exceptions, strong and clear-headed men.

The King also exercised authority over the Moneyers and the Mint. Formerly there were mints in many places; we have seen how Henry the First treated those who debased the coin. Henry the Second kept the Mint in London, where he could control it more effectually. He also set up an office in the Mint for the exchange of foreign money: a great convenience to foreign merchants.

In the year 1312, letters were sent by the King, Edward the Second, to the City of London concerning the safe keeping of the City. The method of reception of a Royal Communication by the Mayor and Aldermen may be learned from Riley’s _Memorials_ (p. 93). The following is the letter:—

“Edward, by the grace of God, King of England, Lord, etc., to the Mayor, and Aldermen, and all the commonalty of our City of London, greeting. Forasmuch as we do confide very much in the loyalty that is among you, and the affection which you have towards ourselves, such as you ought to have for your liege lord; and, more especially, for the love which we have, and at all times have had, towards you, as you well know; we do pray you affectionately, and do command and charge you, strictly enjoining, on the fealty which unto us you owe, and as you wish to save your bodies, and your heritages, and whatsoever you have, from penalty of negligence as regards us, that you cause our City of London right safely and surely to be kept, in behalf of ourselves and of our heirs; that so no damage or peril may befall it—the which God forbid—for default of good and sufficient guard; and that our lordship and our estate be there saved in all points, without any manner of blemish, as we do especially trust in you, and as you would eschew peril unto yourselves. And understand so well this our command, and have it so tenderly at heart, that we may be able to praise you for the same, and that nought of our right, or of our lordship, in our City be lost, on peril of losing whatsoever unto us you may forfeit. Given under our Privy Seal, at York, the 21st day of January, in the 5th year of our reign.”

In addition to this general letter, the following letter was sent separately to the leading citizens, viz.:—

“To John de Gisorz. To John de Lincoln. To Thomas Romain. To Henry de Durham. To William Servat. To John de Wengrave. To William Trente. To Richer de Refham. To William de Leyre. To John de Burford. To Simon Corp. To William de Forneis. To William Walrain. To William Bidik. To Robert de Keleseye. To Stephen de Abyndone. To Ralph le Balancer. To Hamond Godchep. To Robert le Callere. To Edmond Lambyn.”

“Edward, etc., to our well-beloved John de Gisorz, our Mayor of London, greeting. As we have sent word unto you, to the Aldermen, and to the Commonalty, of our City of London, that among you and them, in whose loyalty we do greatly trust, for the affection which you have towards ourselves, as towards your liege lord, especially for the love which we have, and at all times have had, towards you and those of the said City; and as you would yourselves save your bodies, your heritages, and whatsoever you have to save, from penalty of negligence as regards ourselves, you do cause our said City right safely and surely to be kept in our behalf; that so no damage or peril may befall it—the which God forbid—and that our lordship and our estate may there be saved in all points, without any manner of blemish; and as we do know that you are the man in London by whose counsels is guided the manhood thereof, and are persuaded that the manhood of our said City will charge itself with the safe-keeping of the same our City, and most willingly would save it to the use of us and of our heirs, as is right; we do command and charge you, on the fealty which unto us you owe, and as you would wish to eschew the penalty aforesaid, that you use all diligence and all counsel as towards the said manhood of the City, and towards all those of our said City, who shall be most available towards the safe-keeping thereof, that they undertake such safe-keeping, and cause the same our City so safely and surely to be kept, in behalf of us and our heirs, that nought of our right, or of our lordship, be lost therein; and that so we may be able to perceive the diligence that you shall have employed herein; for the which we may be the more especially beholden to you. Given under our Privy Seal, at York, the 21st day of January, in the 5th year of our reign” (pp. 94-95).

In consequence of these letters, John de Gisors, the Mayor, called together the Aldermen and some of the commonalty of each ward on the Saturday after the Purification, _i.e._ on the 2nd of February. It is remarkable that only seventeen Aldermen are named in the list; that eight did not appear at the meeting; and that, of those to whom the separate letters had been written, only three obeyed the King’s special invitation.

However, at the meeting certain ordinances were passed for the repair and the safety of the walls and the gates and the quay. Elsewhere these and similar orders have been set forth.

These regulations passed, the Mayor sent a letter to the King:—

“Whereas, Sire, you have demanded of us by your letters that we should cause to be guarded and safely kept your said City in behalf of yourself and your heirs, according as is in your mandate contained; know, Sire, that of the same wish we ourselves are, and at all times have been, and always will be, to the best of our lawful power, if God so please. And we do let you know that your said City is in good condition, may God be thanked; and your people set in good array, according as the times demand; and that ordinance has been made to strengthen and to repair the gates, and the defaults in the walls, and divers other things which pertain to the safe-keeping of the said City, so speedily as ever the same may be properly done. Unto God, our most dear Lord, we commend you, and may he save you and keep you; and may he grant unto you a good life, and a long” (p. 97).

To this letter was appended a very singular and suggestive rider, which the bearer was instructed to lay before the King:—

“Under the first head:—that the murage which our Lord the King has granted to the City, and wherewith the old walls of the City ought to be repaired, strengthened and amended, is now spent upon the new wall behind the Friars Preachers at Castle Baynard, towards the Thames, by your command and nowhere else.

Also, that such outlays and costs, which are great, and are hastily expended upon so many repairs, whereas in justice they ought to be levied from all those who have rents, and tenements, and moveables, within the City, commonly fall upon one part of the citizens only, and not upon persons of the religious Orders, and others who have franchises by charter and in almoigne[13]; to the amount indeed of the third part of the rental of the said City. And such persons are not willing to give any portion thereof, or any aid or contribution, or any assistance, thereto, although they are saved just as much throughout the said city as the rest of the citizens. And if the King shall see fit, and deem it good that they should aid therein, the people of the City will be the better comforted, and the better strengthened, and the more speedily will they have the City put in due repair.”

So that the new piece of wall outside the Black Friars, and between their House and the Fleet, was not built by the Friars at all as is sometimes stated, but out of the murage granted by the King, and it will also be observed that so early as 1312, before the new ideas had been started, there were grumblings at the exemption of the Religious from taxation and a complaint that their property amounted to a third part of the rental of the whole City.

The comparative wealth of London at the time of the Conquest is shown by the fact that the City was assessed for Danegeld at 1200 hides: that Westminster was assessed at 118 hides; and Middlesex at 853½ hides; that London paid £120, Middlesex £85: 0: 6; and, one supposes, on the same scale, Westminster £11: 16s.

Though London was never separated in feeling or in fact from the country, though the sons of the country gentlemen came up to London and were there apprenticed, trade was carried on between London and the country with as many laws, restrictions, and regulations, as if the towns were in a foreign state. This was not due to jealousies of the City or the towns, but mainly in consequence of the authority of the over-lord. For instance, the customs of Chester with reference to “foreign” merchants—those of London were foreign—show three separate jurisdictions in the City: that of the King, that of the Earl, and that of the Bishops. Trade with the interior was chiefly conducted at the fairs. During the fair, the people came from all the country round, including those who, like the Friars in later years, roamed about the villages and farms selling small things.

Let us make a special inquiry into the contribution of London to the Royal treasury. There were the customs dues of the Port; the customs tolls of the City Gates and the City Markets, the “Stallages” of the tradesmen, the fines of foreigners, the dues of Billingsgate and Queen Hithe; some of these were paid to the Corporation and some to the King’s officers. Whenever the money was paid into the Exchequer, it was weighed and assayed. Thus, on one occasion the Sheriffs paid in £245 odd on account of money due. The coin was assayed and found 13d. in the pound short. On a second trial it was found 12d. in the pound short. Thereupon the Sheriffs demanded a third trial. The accounts were kept by means of tallies, and for counters they used Venetian shillings and gold besants.

Apart from the customs and the Crown lands, the King’s revenues were largely increased by Fines, Amercements, “Misericordia,” Aids, Scutage and Tallage, all of which were methods of profound interest to the City. As regards fines, there were fines for everything. They were inflicted in the shape of money, horses, wine, hawks, dogs, lampreys, robes, Flemish caps and other things. In the pages of Madox one may read how men paid fines for becoming an Alderman, for the right to succeed to a property, for the King’s help in recovering debts from the Jews, for permission not to plead except in a certain manner, for permission to plead at all, for permission to summon a man, for permission for a jury of matrons to inquire whether a certain woman has or has not borne a child, for an inquiry whether a man was out with John in rebellion, to examine into a pedigree, to inquire into old customs, for permission to move that certain persons ought not to sit on a Jury, for an inquiry whether a certain man was accused unjustly or not, for petitioning the King that the Itinerant Justices might visit a town, for speeding a cause, for delaying a cause, for leave to hold office, for leave to quit office, for leave to marry, for leave (for a woman) to remain unmarried if she pleased (for life, or for five years—a very great number of widows desired to remain unmarried), for leave to marry a certain woman (Geoffrey de Mandeville paid a fine of £20,000, certainly equal to half a million of our money, for leave to marry Isabel, Countess of Gloucester, with all her estates), for leave to form a Guild, to import and export, for the concord of a duel, for leave to have a servant.

Now and then the list of fines makes one wonder what story is hidden behind them. For instance, why was the wife of Hugh de Nevill fined for permission to stay one night with her husband? Was he in prison? Again, Reginald de Tewarden is fined twenty marks for permission to keep his lands after he had undergone the ordeal of hot iron unsuccessfully, and had abjured the country. He was proved guilty apparently. And was the fine of twenty marks thought the kind of penalty that would meet the case? William de Thievespathe—ominous name!—makes the same request for the same cause and with the same result. The iron, therefore, was sometimes hot. Another man, one Gospatric, pays twenty marks as a fine to escape the ordeal of hot iron. William of Sixteen Tale pays the large fine of £80 for wounding a priest: Robert, son of Hugh, gets off with £7: 2: 9—enough, however, to break a craftsman—for wounding “a man”; observe the difference between a man and a priest. Lawrence the Priest has to pay twenty marks “pro homine ementulato.” Who, again, was “Jeremy of London”? He took sanctuary, he refused to come out, they fined him a hundred shillings, and then? There is no more. Margaret FitzRoger has to pay a fine of £1000 before she can get at her inheritance, to wit, her father’s estate, her husband’s, her own dower, which her son has got, and be released from certain debts to the Jews. Sometimes the fine took the form of a bribe, as when Nathaniel Leveland, hereditary keeper of the King’s houses at Westminster and on the banks of the Fleet, sent in a fine of sixty marks for permission to keep that office, and Osbert de Longchamp paid the same fine for permission to take over those offices.

Every fine, whatever the amount, was either increased by a small sum or contained that small sum, which was called Aurum Reginæ, the Queen’s Gold. Thus when Thomas FitzAnther was forgiven his fine of ten marks, the Aurum Reginæ was at the same time remitted. In the year 1253 the City of London was called upon to pay up the Aurum Reginæ, part of the fine for receiving back their liberties, and in 1254 the Sheriffs were ordered to distrain for the amount.

Now the method of promoting virtue and filling the coffers was by the _misericordia_ or amercement. I cannot understand the difference between the two. But that matters little, they both meant a fine. By studying the long list of cases furnished by my authority, Madox,[14] I arrive at a theory, not a conclusion, that the amercement was a punishment for offences which could not be tried in a criminal court, yet were real offences. Thus, for false or unjust accusations or plaints, a man was amerced, or for unjust detainer, for offences in the forests, trespass, etc., for making a man fight two duels in one day, a thing manifestly unfair, for “ill keeping” a duel, _i.e._, not observing all the rules respecting duels, for claiming to be a free man when one was but a villein, for detaining sheep, for harbouring a man who was not in frank-pledge, for making again a dyke which the King had caused to be levelled, for using twice in ordeal an iron which had been heated only once, gross injustice to the second man, for burying a drowned man without the view by the King’s servant, for putting a man to the ordeal of water (was it then forbidden?), for trespass, and in the case of a rebellious bride, for not coming to be married on the day appointed. For these, and similar offences, the citizens suffered amercement and _misericordia_.

More formidable than any of these, more dreaded than fine, amercement, or _misericordia_, were the Aid, the Relief, the Scutage, and the Tallage.

There were three principal kinds of aid. (1) The aid _pur fille marier_, or the occasion of the marriage of the King’s daughter. Henry the First took for his daughter’s marriage three shillings on each hide. Henry the Second, for his part, imposed a tax under this name of one mark for every knight’s fee. As great lords might hold many knights’ fees, the tax was considerable. (2) The aid _pur faire chevaler_, on the occasion of conferring knighthood on the King’s son. This tax was the same in amount as the preceding. The third kind of aid was the raising of money if necessary for the King’s ransom.

Reliefs were simply arbitrary sums exacted by the King. The relief of the knight’s fee in the reign of Henry the Second was five pounds; that of a baron one hundred pounds. Scutage was, as its name denotes, an assessment of the knights’ fees.

Tallage corresponded more closely with our modern taxes. The City, ordered to make up so much money, assessed its lands separately at so much, which the Aldermen of each portion was bound to collect by assessing all the free men in his ward. In some cases, private merchants, those known to be wealthy, were separately assessed. Thus in one tallage Hugh de Basing is assessed at twelve marks, Thomas de Plaines at ten marks, William FitzAdam at a hundred shillings. Sometimes the King’s officers are separately assessed, as when the moneyers of London, Archard, Lefwine Besant, and Ailwine Finch, were ordered to pay respectively a hundred shillings, five marks, and two marks.

The tallage of the City in the year 1226 has been preserved. I copy it here from Thomas Madox (_History of the Exchequer_):—

“William filius Benedict, r. c. de xxxv. marcis, de Warde Fori. Andrew Bukerel, r. c. de xxx l. xvii s. viii. d., de Warde sua. Michael de Sancta Elena, r. c. de C & vii. s. & x. d., de Warda sua. Joceres Fitz Petri, xxxii. l. xviii. s., de Warda sua. Robertus filius Johannis (debet), iiij l. xvij s. & iiij d., de Warda sua. Johannes Viel (debet), xxj l. & xiij s., de Warda sua. Ace le Mairener, r. c. de xxvij l. & xx. d., de Warda sua. Rogerus Blundus, r. c. xxviij l. xi. s. & v. d. & ob., de Warda sua. Stephanus le Gras Waleran (debet), xi. l. & xij. s. de Warda sua.

Warinus filius Nicholai, r. c. de xiiij l. & xiij s., de Warda sua. Ricardus de Russye (debet), xj l. & iiij s., de Warda sua. Ricardus Raynger, r. c. de xiiij l. x. s. & iiij d., de Warda sua. Radulfus Sperling, r. c. de ix. l. & viij s., de Warda sua. Radulfus Steperingg, r. c. de vj l. & vj s., de Warda sua. Gilbertus filius Fulconis (debet), xix. s., de Warda sua. Walterus de Insula, r. c. de L xxiiij s., de Warda sua. Portsoken (debet), xxiiij s., de Warda sua. Johannes Travers, iiij l. xvj. s., de Warda sua. Petrus filius Rogeri, iiij l. xviij s., de Warda sua. Jacobus Blundus, viij l. xj s. & x. d., de Warda sua. Bassushag, xxxiij s., de Warda sua. Rogerus Burserius, r. c. de L s., de Warda sua. Johannes de Solarijs (debet), xxviij s. & iiij d., de Warda sua.” (_Note_ 5, vol. i. p. 709.)

We also find the City disputing the right of the King to tallage them. Madox relates the story:—

“In or about the 39th year of King Henry III. it was provided by the King’s Council at Merton, that the King should tallage his Demeanes in England towards the great Expenses he had been at in foreign Parts. The citizens of London being called before the King and his Council at Merton about tallaging the City, Ralf Hardell, the Mayor, with several others came, and the King demanded of them a Tallage of three thousand Marks. When they had consulted with their Fellow-citizens, they came and offered two thousand Marks by way of Aid, saying, They could not, nor would give more. Upon this the King sent his Treasurer, Philip Lovell, with others to St. Martin’s to receive of the City a fine of three thousand Marks for Tallage, in case they would enter into such Fine, and if they would not, then they were ordered to assess the Tallage _per Capita_. The City refusing to enter into that Fine, the Treasurer and the other Commissioners were about to assess the Tallage _per Capita_, ordering the Citizens to swear concerning the Value of each other’s Chattells. The Citizens refused to make such Oath, or to declare upon the Faith they owed to the King the Value of each other’s chattells. So the Treasurer and other Commissioners came back _re infecta_. Afterwards the Citizens came before the King and his Council at Westminster on the Sunday after Candlemas. It was there disputed whether this should be called a Tallage or an Aid. The King ordered Search to be made, whether the Citizens had formerly paid Tallage to the King or his Ancestours. Upon Search, it was found both in the Rolls of the Exchequer and of the Chancery, that in the 16th year of King John, the Citizens were tallaged at two thousand Marks, to have the Interdict taken off; that in the 7th year of King Henry III. they were tallaged at one thousand Marks; that in the 26th year of the same King, they paid one thousand Marks by way of Tallage; and that in the 37th year, they gave one thousand Marks and xx Marks of Gold by way of Tallage. Afterwards, on the Morrow, the Mayor and Citizens came and acknowledged, that they were talliable, and gave the King three thousand Marks for Tallage.” (Vol. i. p. 711.)

In this chapter I have shown, by the aid of John Carpenter, that by the end of the fifteenth century the days of “Uncertain Steps” were passed away. The New Order, which gave the power and authority of the City more and more into the hands of the Commonalty, has now become well defined and established; it is the constitution of the City; the old feuds have vanished; the old City families have disappeared; the craftsmen no longer go about bellowing that they are the Commons; they are reduced to order every one in his own Company, and every man knowing his place in his Company; the place of the craftsman is one of obedience; he has been educated by the Company, apprenticed by the Company, made a freeman of the Company; he works in accordance with the rules of the Company; he is paid according to its rules; when he is old he will be a pensioner in the Company; should he die young his widow and children will be the care of the Company. And instead of the former government of the City by hereditary right, the City is now governed by the forms of popular election, with safeguards, by elected Aldermen, elected Sheriffs, elected Common Council, and elected Wardens as Masters of the Companies. And as to the share which the craftsmen possessed in the elections the less that question was raised the better it was for the order and the security of the City.