Chapter 11

The words were impatient, wilful enough; but it was the impatience of a man who frets at the blindness of others to what is clear and evident to his own finer sense. The shrewd, experienced eye of the old Churchman read with a perfect sagacity the signs of the times. He had just stood face to face in his German prison with one who, mere reckless soldier as he seemed, had read them as clearly, as sagaciously as himself. When History drops her drums and trumpets and learns to tell the story of Englishmen, it will find the significance of Richard, not in his crusade or in his weary wars along the Norman border, but in his lavish recognition of municipal life. When, busy with the preparations for his Eastern journey, the King sold charter after charter to the burgesses of his towns, it seemed a mere outburst of royal greed, a mere carrying out of his own bitter scoff that he would have sold London itself could he have found a purchaser. But the hard cynical words of the Angevins were veils which they flung over political conceptions too large for the comprehension of their day. Richard was in fact only following out the policy which had been timidly pursued by his father, which was to find its fullest realization under John.

The silent growth and elevation of the English people was the real work of their reigns, and in this work the boroughs led the way. Unnoticed and despised, even by the historian of to-day, they had alone preserved the full tradition of Teutonic liberty. The right of self-government, the right of free speech in free parliament, the right of equal justice by one's peers,--it was these that the towns had brought safely across the ages of Norman rule, these that by the mouth of traders and shop-keepers asked recognition from the Angevin kings. No liberty was claimed in the Great Charter for the realm at large which had not in borough after borough been claimed and won beforehand by plain burgesses whom the "mailed barons" who wrested it from their king would have despised. That out of the heap of borough-charters which he flung back to these townsmen that Charter was to be born, Richard could not know; but that a statesman so keen and far-sighted as he really was could have been driven by mere greed of gold, or have been utterly blind to the real nature of the forces to which he gave legal recognition, is impossible. We have no such pithy hints of what was passing in his mind as we shall find Abbot Sampson dropping in the course of our story. But Richard can hardly have failed to note what these hints proved his mitred counsellor to have noted well--the silent revolution which was passing over the land, and which in a century and a half had raised serfs like those of St. Edmunds into freeholders of a town.

It is only in such lowly records as those which we are about to give that we can follow the progress of that revolution. But simple as the tale is there is hardly better historic training for a man than to set him frankly in the streets of a quiet little town like Bury St. Edmunds, and bid him work out the history of the men who lived and died there. In the quiet, quaintly-named streets, in the town-mead and the market-place, in the lord's mill beside the stream, in the ruffed and furred brasses of its burghers in the church, lies the real life of England and Englishmen, the life of their home and their trade, their ceaseless, sober struggle with oppression, their steady, unwearied battle for self-government. It is just in the pettiness of its details, in its commonplace incidents, in the want of marked features and striking events, that the real lesson of the whole story lies. For two centuries this little town of Bury St. Edmunds was winning liberty for itself, and yet we hardly note as we pass from one little step to another little step how surely that liberty was being won. It is hard indeed merely to catch a glimpse of the steps. The monks were too busy with royal endowments and papal grants of mitre and ring, too full of their struggles with arrogant bishops and encroaching barons, to tell us how the line of tiny hovels crept higher and higher from the abbey gate up the westerly sunlit slope. It is only by glimpses that we catch sight of the first steps towards civic life, of market and market-toll, of flax-growing and women with distaffs at their door, of fullers at work along the abbey-stream, of gate-keepers for the rude walls, of town-meetings summoned in old Teutonic fashion by blast of horn.

It is the Great Survey of the Conqueror that gives us our first clear peep at the town. Much that had been plough-land in the time of the Confessor was covered with houses under the Norman rule. No doubt the great abbey-church of stone that Abbot Baldwin was raising amidst all the storm of the Conquest drew its craftsmen and masons to mingle with the ploughers and reapers of the broad domain. The troubles of the time too did their part here as elsewhere; the serf, the fugitive from justice or his lord, the trader, the Jew, would naturally seek shelter under the strong hand of St. Edmund. On the whole the great house looked kindly on a settlement which raised the value of its land and brought fresh pence to the cellarer. Not a settler that held his acre for a year and a day but paid his pence to the treasury and owned the abbot for his lord. Not a serf but was bound to plough a rood of the abbot's land, to reap in the abbot's harvest field, to fold his sheep in the abbey folds, to help bring the annual catch of eels from the abbey-waters. Within the four crosses that bounded the abbot's domain, land and water were his; the cattle of the townsmen paid for their pasture on the common; if the fullers refused the loan of their cloth, the cellarer would withhold the use of the stream, and seize their looms wherever he found them. Landlord's rights passed easily as ever into landlord's wrongs. No toll, for instance, might be levied on a purchaser of produce from the abbey farms, and the house drove better bargains than its country rivals. First-purchase was a privilege even more vexatious, and we can catch the low growl of the customers as they waited with folded hands before shop and stall till the buyers of the Lord Abbot had had their pick of the market. But there was little chance of redress, for if they growled in the town-mote there were the abbot's officers before whom the meeting must be held; and if they growled to their alderman, he was the abbot's nominee and received the symbol of office, the mot-horn, the town-horn, at his hands.

By what process these serfs of a rural hamlet had grown into the busy burgesses whom we saw rustling their parchments and chinking their silver marks in the ears of Abbot Sampson in Richard's time, it is hard to say. Like all the greater revolutions of society, this advance was a silent one. The more galling and oppressive instances of serfdom seem to have slipped unconsciously away. Some, like the eel-fishery, were commuted for an easy rent; others, like the slavery of the fullers and the toll of flax, simply disappeared. No one could tell when the retainers of the abbey came to lose their exemption from local taxation and to pay the town penny to the alderman like the rest of the burgesses. "In some way, I don't know how,"--as Jocelyn grumbles about just such an unnoted change,--by usage, by omission, by downright forgetfulness, here by a little struggle, there by a little present to a needy abbot, the town won freedom. But progress was not always unconscious, and one incident in the history of Bury St. Edmunds, remarkable if only regarded as marking the advance of law, is yet more remarkable as indicating the part which a new moral sense of human right to equal justice was to play in the general advance of the realm.

The borough, as we have seen, had preserved the old English right of meeting in full assembly of the townsmen for government and law. In the presence of the burgesses justice was administered in the old English fashion, and the accused acquitted or condemned by the oath of his neighbours, the "compurgators," out of whom our jury was to grow. Rough and inadequate as such a process seems to us, it insured substantial justice; the meanest burgher had his trial by his peers as thoroughly as the belted earl. Without the borough bounds however the system of the Norman judicature prevailed. The rural tenants who did suit and service at the cellarer's court were subject to the "judicial duel" which the Conqueror had introduced. In the twelfth century however the strong tendency to national unity told heavily against judicial inequality, and the barbarous injustice of the foreign system became too apparent even for the baronage or the Church to uphold it. "Kebel's case," as a lawyer would term it, brought the matter to an issue at Bury St. Edmunds. In the opinion of his neighbours Kebel seems to have been guiltless of the robbery with which he had been charged; but he was "of the cellarer's fee," and subject to the feudal jurisdiction of his court. The duel went against him and he was hung just without the gates. The taunts of the townsmen woke the farmers to a sense of their wrong. "Had Kebel been a dweller within the borough," said the burgesses, "he would have got his acquittal from the oaths of his neighbours, as our liberty is." The scandal at last moved the convent itself to action. The monks were divided in opinion, but the saner part determined that their tenants "should enjoy equal liberty" with the townsmen. The cellarer's court was abolished; the franchise of the town was extended to the rural possessions of the abbey; the farmers "came to the toll-house, and were written in the alderman's roll, and paid the town-penny."

A moral revolution like this is notable at any time, but a change wrought avowedly "that all might enjoy equal liberty" is especially notable in the twelfth century. Cases like Kebel's were everywhere sounding the knell of feudal privilege and of national division, long before freedom fronted John by the sedges of Runnymede. Slowly and fitfully through the reign of his father the new England which had grown out of conquered and conquerors woke to self-consciousness. It was this awakening that Abbot Sampson saw and noted with his clear, shrewd eyes. To him, we can hardly doubt, the revolt of the town-wives, for instance, was more than a mere scream of angry women. The "rep-silver," the commutation for that old service of reaping in the abbot's fields, had ceased to be exacted from the richer burgesses. At last the poorer sort refused to pay. Then the cellarer's men came seizing gate and stool by way of distress till the women turning out, distaff in hand, put them ignominiously to flight. Sampson had his own thoughts about the matter, saw perhaps that the days of inequality were over, that in the England that was coming there would be one law for rich and poor. At any rate he quietly compromised the question for twenty shillings a year.

The convent was indignant. "Abbot Ording, who lies there," muttered an angry monk, as he pointed to the tomb in the choir, "would not have done this for five hundred marks of silver." That their abbot should capitulate to a mob of infuriated town-wives was too much for the patience of the brotherhood. All at once they opened their eyes to the facts which had been going on unobserved for so many long years. There was their own town growing, burgesses encroaching on the market space, settlers squatting on their own acre with no leave asked, aldermen who were once only the abbey servants taking on themselves to give permission for this and that, tradesmen thriving and markets increasing, and the abbey never one penny the richer for it all. It was quite time that Abbot Sampson should be roused to do his duty, and to do it in very sharp fashion indeed. However we will let one of the monks tell his own tale in his own gossiping way:--

"In the tenth year of Abbot Sampson's abbacy we monks, after full deliberation in chapter, laid our formal plaint before the abbot in his court. We said that the rents and revenues of all the good towns and boroughs in England were steadily growing and increasing to the enrichment of their lords, in every case save in that of our town of St. Edmund. The customary rent of £40 which it pays never rises higher. That this is so we imputed solely to the conduct of the townspeople, who are continually building new shops and stalls in the market-place without any leave of the convent" (abbey-land though it was). "The only permission, in fact, which they ask is that of their alderman, an officer who himself was of old times a mere servant of our sacrist, and bound to pay into his hands the yearly rent of the town, and removable at his pleasure."

Never, Jocelyn evidently thinks, was a case plainer; but into the justice or injustice of it the burgesses refused sturdily to enter. When they were summoned to make answer they pleaded simple possession. "They were in the King's justice, and no answer would they make concerning tenements which they and their fathers had held in peace for a year and a day." Such answer would in fact, they added, be utterly contrary to the freedom of the town. No plea could have been legally more complete as none could have been more provoking. The monks turned in a rage upon the abbot, and simply requested him to eject their opponents. Then they retired angrily into the chapter-house, and waited in a sort of white heat to hear what the abbot would do. This is what Sampson did. He quietly bade the townsmen wait; then he "came into chapter just like one of ourselves, and told us privily that he would right us as far as he could, but that if he were to act it must be by law. Be the case right or wrong, he did not dare eject without trial his free men from land and property which they had held year after year; in fact, if he did so, he would at once fall into the King's justice. At this moment in came the townsfolk into the chapter-house, and offered to compromise the matter for an annual quit rent of a hundred shillings. This offer we refused. We preferred a simple adjournment of our claim in the hope that in some other abbot's time we might get all back again."

Notwithstanding his many very admirable qualities, in fact, this present abbot was on these municipal points simply incorrigible. Was it quite by an oversight, for instance, that in Sampson's old age, "in some way, I don't quite know how, the new alderman of the town got chosen in other places than in chapter, and without leave of the house,"--in simple town-motes, that is, and by sheer downright delegation of power on the part of his fellow-burgesses? At any rate it was by no oversight that Sampson granted his charter on the day he came back from Richard's prison, when "we monks were murmuring and grumbling" in his very ear! And yet was the abbot foolish in his generation? This charter of his ranks lineally among the ancestors of that Great Charter which his successor was first to unroll on the altar-steps of the choir (we can still measure off the site in the rough field by the great piers of the tower arch that remain) before the baronage of the realm. At any rate, half a century after that scene in chapter, the new England that Sampson had foreseen came surging stormily enough against the abbey gates. Later abbots had set themselves sturdily against his policy of concession and conciliation; and riots, lawsuits, royal commissions, mark the troubled relations of Town and Abbey under the first two Edwards. Under the third came the fierce conflict of 1327.

On the 25th of January in that year the townsmen of Bury St. Edmunds, headed by Richard Drayton, burst into the Abbey. Its servants were beaten off, the monks driven into choir, and dragged thence with their prior (for the abbot was away in London) to the town prison. The abbey itself was sacked; chalices, missals, chasubles, tunicles, altar frontals, the books of the library, the very vats and dishes of the kitchen, all disappeared. Chattels valued at £10,000, £500 worth of coin, 3000 "florins,"--this was the abbey's estimate of its loss. But neither florins nor chasubles were what their assailants really aimed at. Their next step shows what were the grievances which had driven the burgesses to this fierce outbreak of revolt. They were as much personal as municipal. The gates of the town indeed were still in the abbot's hands. He had succeeded in enforcing his claim to the wardship of orphans born within his domain. From claims such as these the town could never feel itself safe so long as mysterious charters from Pope and King, interpreted yet more mysteriously by the wit of the new lawyer class, were stored in the abbey archives. But the archives contained other and yet more formidable documents. The religious houses, untroubled by the waste of war, had profited more than any landowners by the general increase of wealth. They had become great proprietors, money-lenders to their tenants, extortionate as the Jew whom they had banished from the land. There were few townsmen of St. Edmund who had not some bond laid up in the abbey registry. Nicholas Fowke and a band of debtors had a covenant lying there for the payment of 500 marks and fifty casks of wine. Philip Clopton's mark bound him to discharge a debt of £22; a whole company of the wealthier burgesses were joint debtors in a bond for no less a sum than £10,000. The new spirit of commercial enterprise, joined with the troubles of the time, seems to have thrown the whole community into the abbot's hands.

It was from the troubles of the time that the burghers looked for escape; and the general disturbance which accompanied the deposition of Edward II. seems to have quickened their longing into action. Their revolt soon disclosed its practical aims. From their prison in the town the trembling prior and his monks were brought back to their own chapter-house. The spoil of their registry--the papal bulls and the royal charters, the deeds and bonds and mortgages of the townsmen--were laid before them. Amidst the wild threats of the mob, they were forced to execute a grant of perfect freedom and of a guild to the town, and a full release to their debtors. Then they were left masters of the ruined house. But all control over the town was gone. Through spring and summer no rent or fine was paid. The bailiffs and other officers of the abbey did not dare to show their faces in the streets. Then news came that the abbot was in London, appealing for aid to King and Court, and the whole county was at once on fire. A crowd of rustics, maddened at the thought of revived claims of serfage, of interminable suits of law which had become a tyranny, poured into the streets of the town. From thirty-two of the neighbouring villages the priests marched at the head of their flocks to this new crusade. Twenty thousand in number, so men guessed, the wild mass of men, women, and children rushed again on the abbey. For four November days the work of destruction went on unhindered, whilst gate, stables, granaries, kitchen, infirmary, hostelry, went up in flames. From the wreck of the abbey itself the great multitude swept away too the granges and barns of the abbey farms. The monks had become vast agricultural proprietors: 1,000 horses, 120 oxen, 200 cows, 300 bullocks, 300 hogs, 10,000 sheep were driven off for spoil, and as a last outrage, the granges and barns were burnt to the ground. £60,000, the justiciaries afterwards decided, would hardly cover the loss.

Weak as was the government of Mortimer and Isabella, there never was a time in English history when government stood with folded hands before a scene such as this. The appeal of the abbot was no longer neglected; a royal force quelled the riot and exacted vengeance for this breach of the King's peace. Thirty carts full of prisoners were despatched to Norwich; twenty-four of the chief townsmen, thirty-two of the village priests, were convicted as aiders and abettors. Twenty were at once summarily hung. But with this first vigorous effort at repression the danger seemed again to roll away. Nearly 200 persons remained indeed under sentence of outlawry, and for five weary years their case dragged on in the King's courts. At last matters ended in a lawless, ludicrous outrage. Out of patience and irritated by repeated breaches of promise on the abbot's part, the outlawed burgesses seized him as he lay in his manor of Chevington, robbed, bound and shaved him, and carried him off to London. There he was hurried from street to street, lest his hiding-place should be detected, till opportunity offered for his shipping off to Brabant. The Archbishop of Canterbury, the Pope himself, levelled their excommunications against the perpetrators of this daring outrage in vain.

The prison of their victim was at last discovered; he was released and brought home. But the lesson seems to have done good. The year 1332 saw a concordat arranged between the Abbey and Town. The damages assessed by the royal justiciaries, a sum enormous now but incredible then, were remitted, the outlawry was reversed, the prisoners were released. On the other hand, the deeds were again replaced in the archives of the abbey, and the charters which had been extorted from the trembling monks were formally cancelled. In other words, the old process of legal oppression was left to go on. The spirit of the townsmen was, as we shall see, crushed by the failure of their outbreak of despair. It was from a new quarter that help was for a moment to come. No subject is more difficult to treat, as nothing is more difficult to explain, than the communal revolt which shook the throne of Richard II., and the grievances which prompted it. But one thing is clear; it was a revolt against oppression which veiled itself under the form of law. The rural tenants found themselves in a mesh of legal claims--old services revived, old dues enforced, endless suits in the King's courts grinding them again to serfage. Oppression was no longer the rough blow of the rough baron; it was the delicate, ruthless tyranny of the lawyer-clerk.