LIBER ALBUS:

THE WHITE BOOK.

LONDON *.

RUCD AND PARDON, PRINTERS, PATKRXOSTER ROW.

J 3 E

THE WHITE BOOK

dtp of 3Untion.

COMPILED A.D. 1419, BT

• in I IN CARPENTER, Common ( RICHARD WHITINGTON,

slatelj from tfjf (Dviginal latin anti 3lnfllo^onnan,

HENRY THOMAS RILEY, M.

B;

'IE INKER TEMPLE, BAKRtSTER-AT-LAW.

RICHARD GRIFFIN AND COMPANY,

fOURT.

INTRODUCTION'.

1 1 is a fact, not the loss true because not universally known (in the anti- quarian world even), that there is no city in existence in possession of a collection of s so ancient and so complete as that belonging to the

of London, preserved in the Record-Room at Guildhall. For nearly six centuries, in the sequence of Letter-Books, Journals, and Repertories, its officials have kept an unbroken record of all transactions and events, social, political, ecclesiastical, legal, military, naval, local, and municipal, in which, closely or remotely, the City in its corporate character has been rested. Throughout the chances and changes of this long and eventful course of time, its wars, its revolutions, its rebellions, its insurrections,

ines, its pestilences, and its conflagrations, to the lasting honour of the Corpora* valuable memorials of far distant ages have been pre-

served, comparatively unscathed ; in companionship too with other records, in some instances probably of still earl: and with thousands of

deeds, wills, enrolments, and other documents, which have been accu- mulating upon tin? shelves of its muniment-room for little short of 81 hundred yea

From these archives, as they existed in the year of Our Lord 1419, combined probably with other sources of information now lost or unknown, . or ' White Book/ is a compilation, — or ' Repertory/ as the Compiler in his l>ricf Procemium seems inclined to call it; — pre- pared ( < perhaps, brought to a conclusion) in the last Mayoralty of hard Whitington, for tin- i"n and guidance of those to whom, bef< > should have gained the experience of old age, the governance of the City, or the management of its affairs and interests, might ui

i Distances of < <-y be entrusted.

Upon the varir.l character of its contents there is perhaps hardly any necessity here to enlarge ; the more especially, as the nature of them may

VI INTRODUCTION.

be seen almost at a glance from the voluminous Tables of Contents by which each Book (the Second excepted), or Part of a Book, is accompanied. It may suffice to say that, commencing with the usages of the City in its corporate capacity so early as the time of the Norman Conquest, they i of the formalities that during the succeeding three centuries and more had been employed in electing the Mayor, Aldermen, Sheriffs, and otlu-r ci\ i< dignitaries; the rights and duties of the City in reference to the King's Justiciars when sitting in Eyre at the Tower ; the various Charters granted to the citizens from the time of the Conqueror to the reign of Henry the Fifth ; the due Enrolment of Deeds and Recognizances ; the Court of Hustings and the Sheriffs' Court, and their respective duties and jurisdic- tions ; the modes of acquiring the freedom ; and numerous other matters more or less connected with the legal requirements and enactments of the thirteenth and fourteenth centuries.

The latter, and indeed by far the larger, portion of the work — from page 196 of the present Volume — is extensively devoted to details which must of necessity interest those who care to know something more a]bout their fore- fathers than the mere fact that they have existed; many of them — until recently consigned to oblivion ever since the passing away of the remote generations to which they belonged — intimately connected with the social condition, usages, and manners, of the people who, uncouth, unlearned, ill- housed, ill-fed, and comfortless though they were, still formed England's most important, most wealthy, and most influential community throughout the chequered and troublous times of the thirteenth and fourteenth cen- turies. During this period, in fact, there is hardly a phase or feature of English national life, upon which, in a greater or less degree, from these pages of the Liber Albus some light is not reflected.

The Fourth Book, the reader will have no difficulty in discovering, is of a totally different nature from the rest of the work. It had been the Compiler's original intention, he informs us (page 452 of the present Volume), to transcribe numerous other noteworthy memoranda tliat lay dispersed in the City archives, and from them to form this Book. This intention, however, from want alike of time and space, he had found himself compelled to abandon, and has therefore contented himself with making an abstract, by way of Calendar, to certain Books and Rolls t existing among the City archives, and substituting it in place of his

IXTRODUCTK Til

Fourth Book, oa originally contemplated. "What these Books nro, and what their n-spcL-tivc dates, the reader will find stated in page 644 of this Volume.

For the convenience of those who may have occasion to consult the original work, marginal references to its corresponding folios are givi-n throughout in the present Volume. In these references, as the attci observer will not fail to remark, the numbers do not always follow in regular sequence, those of many folios being from time to time omi ilf would consequently conclude, in all probability, either that the original is now in an imperfect state, or that the present Translation extends to a portion of it only. Neither of such alternatives however is the case, and these interruptions in the numeration of the folios arise, partly from the fact that in the preparation of the original work some of the leaves were left in blank, and partly from the circumstance that when it was rebounds (in the latter part probably of the sixteenth century,) a new numeration was adopted, and many additional leaves inserted ; some of which also are till in blank, while others contain matter of comparatively recent date — so late indeed a» the time of James I., — and bearing no reference to the original compilation. In the marginal numeration, as given in the present Volume, the numbers of these intervening folios are consequently omitted.

The Latin verses which appear at the commencement of the work — the

meaning, though not the merit, of which the Translator has attempted to

convey in the accompanying lines — are written upon the fly-leaf of the

original volume, in a hand apparently of the earlier half of the sixteenth

i st line being an almost verbatim adaptation from Book II.

of Ovid's M . 1. Vil, I!M; 'Transformation of the Raven,' and

the whole of them, little, if at all, short of the standard of Ovidian

elegance. So high in estimation even tlu n had the book become, and so

assiduously had it been consulted by the civic authorities, of high and low

degree, to the tarnishing of its once fair parchment and the defacing of

illuminations, that the writer, a man in authority no doubt,

himself justified in ttnu inserting a graceful remind r that the M

Book ' had become the converse of white,' and that it would be as well

to have a transcript made of its contents before it should be thumbed and

greased to annihilation. It was in consequence of this hint, not impro-

vni

bably — by whom conveyed, tradition does not tell us — that a transcript, or duplicate copy, of the work was made, under the supervision of Robert Smith, Comptroller of the Chamber, A.D. 1582. To this transcript, in the moments of its pristine freshness, and amid the bloom perhaps of Mr. Robert Smith's popularity — who was very handsomely rewarded by the Court of Aldermen with a fee of thirty pounds — the name of 1. AlbitSy or ' White Book,' was transferred from the old volume ; and to this day the Liber Albua of John Carpenter is distinguished by the officials at Guildhall from its more modern and less sullied antitype as the L Niger, or ' Black Book.' In this copy, however, executed as it evidently was by scribes who knew little about Anglo-Norman, the errors of the original have been more than doubled in amount, and in no instance has a single omission in it been rectified, or difficulty noticed or elucidated.

Of tfohn Carpenter, Common Clerk, or Town Clerk, of the City of London, under whose auspices the Liber Albus was compiled, but few particulars are known; and of those few the majority have been but recently brought to light by the industrious research of Mr. Thomas Brewer ; to the pages of whose ably- written Memoir of the Life and Tu/n s of John Carpenter (London, 1856), after borrowing therefrom the following facts, those who desire further information upon the subject must of necessity be referred.

Carpenter was born probably about the close of the reign of Edward III., was brought up to the legal profession, and, after serving the City in an inferior capacity, in April 1417 was elected to the office of Common Clerk. His title of ' Secretary ' to the City seems to have been peculiar to himself, and borne by no other civic dignitary either before his time or since. To his high credit, as being at once a man of integrity and distinguished for his ability and business habits, he was nominated one of the four executors of the will of Richard Whitington, the well-known hero of popular, but fabulous, narrative ; and the original Ordinances of Whitington's Alms- houses, still in the possession of the Mercers' Company, Mr. Brewer says, there is reason to believe were drawn up by his hand. In 1436 Carpenter was elected one of the representatives of the City in Parliament ; about t \\o years later he resigned the office of Common Clerk ; and he was re-elected

1 Or * Jenken,' as Stow (Survey) calls him, that appellation being formerly the popular diminutive of ' John.' +

•irrnoN. IX

Parliament in 1439. Subsequently t«» 1 ill, his biographer has failed to discover any mention of him. By his testament, as to personalty, dated 8th March 1441, he directed that his body should be buried in the church of St. Peter, (.'urnhill ; and by his will, as to realty, which unfortunat is n< : tain lands and tenements to the City of London, for

edueational purposes; upon the basis of which devise, at the distance of iv lour centuries from his death, was founded that now flourishing and orious institution, the City of London School.

Th>' Liber Albus, as already remarked, is a compilation only from other sources; and whatever abilities Carpenter may have possessed, there would be no great field for the display of them in such a work as this. The clerks of his office probably were his amanuenses, and under his general direction and guidai y would do the work of selection from the

various sources at his command : consequently, out of the half dozen or more evident varieties of luind writing which are perceptible in its pages it i^ impossible to say, with anything approaching to certainty, which, if any, is his. If however any part of the volume really is in Carpenter's hand- writing, it will probably be the Second Book : it is all written in one hand, certainly not that of a professional ' text -writer/ as it was called, and the peculiar nature of the subject would require more skill, in abstracting and condensing, than any other part of the work.

In reference to John Carpenter, it will not perhaps be irrelevant here to call attention to a fact of some interest that has not, it is believed, been hitherto remarked. In Letter-Book K, preserved in the Record- Room at (iuildhall, folios 103, -4, there is a lengthened and curious description inserted of the entry of Henry VI. into London in February 1432, ;

ion at Paris ; of Carpenter's own composition, beyond a doubt.

It is in the form of a Le tinly in no very choice or excellent Latin,

to * a reverend friend and fellow-citizen/ the writer taking care at the

ion, under a sort of descriptive rebus, to disclose his name in

combination with his office, — 'Per Fabrum, eive Domificem, vestrum,

' Johannem, ejusdem urbis Secretarium indignissimum ; ' — ' By yours, John

' Woodwright, or Housemaker, most unworthy Secretary of the same city' —

the houses of this period, it must be borne in mind, being mostly of wood,

1 affording far more room in their construction for the labours of the

woodwright, or carpenter, than of the mason or bricklayer.

X INTRODUCTl

In reference to the present Translation there is little that necda to be said, seeing that it will have to speak for itself, and that it will bo in the power of every reader to compare it with the original work at Guildhall, or as recently edited by the present Translator, in the Government Series of 4 Mediaeval Chronicles and Memorials ' under the direction of the Master of the Bolls. Throughout, it has been made as literal as, consistently with the possibility of its being understood by the non-legal or non-antiquarian reader, it could be made. To preserve however the savour of antiquity that seems only natural to a work compiled so long as from four to five centuries ago, all names, whether of persons or localities, have been invariably allowed to retain the old English forms (however varying in point of orthography) under which they appear in the original ; the necessary information being appended in a Note, where there seemed any chance of their not being immediately identified. The same plan has been adopted also in all other instances where the reader would be likely to experience any difficulty from the want of previous acquaintance with the subject ; while at the same time, with the view of avoiding a too frequent repetition of the same items of information, the various points that from time to time have been subjected to explanation are brought to notice in the Index. A few errors in the text of the original have been corrected or explained, and several important omissions have been rectified (as in pages 228, 283, 244, 310, 331, 346, 347, etc.) from the Liber Cmtumarum, a compilation of the time of Edward II., also preserved at Guildhall : in all instances too in which the date to which the subject-matter belongs could with any degree of accuracy be ascertained, it has been added at the head of the page. Additional matter that has been introduced for the purpose of supplying omissions, or as necessary to complete the sense, is invariably distinguished from the text by being inserted between crotchets.

In conclusion, the Translator begs to express his obligations to his friend Mr. Charles Reed, F.S.A., for the care and labour which he has unsparingly bestowed upon this Volume generally, and in arranging the references for its numerous Tables of Contents, while it was passing through the press.

IF. T. R.

CONTENTS.

INTRODUCTION. v

CONTENTS ........ xi

BOOK i., PART i. ...3

BOOK i., PART ii. ... ... .45

BOOKII. ... 114

BOOK in., PART i 154

BOOK IIL, PART n L> 1 8

BOOK in., PART in

BOOK in., PART iv 390

452

DATES OF THE COMPILATIONS REFERRED TO IN BOOK iv. ... C44

MAYORS OF LONDON FROM A.D. 1189 TO A.D. 1419 645

x ... . . G48

of Subscribers to fljc translation of Vi

The Corporation of the City of London : — Copies for <

Member of the Court and the Officers.

Abby, John, Esq., 48, Myddleton-square .... Aiteliison, G., Esq., Muscovy Court, Trinity-square A 11 in, Thomas, Esq., 26, Onslow-square, Brompton Aivh.-r, Thomas C., Esq., 17, Great Winchester-street. Argyll, His Grace the Duke of, Areyll Lodge, Kensington . Aston, George, Esq., 19, Holland-place, Clapham-road Aubyn, James P., ESQ., 35, John-street, W.C. . Austen, Rev. J. T., West Wickham Rectory, Bromley, Kent Avison, T., Esq., F.S.A., Fuhvood Park, near Liverpool

Bache, R. C., Esq., 153, Femhunh-street .

Barker, Thomas, Esq., Cambridge House, Hampton Wick .

Barnes, H. E., Esq., Mercers'-hall

Barnes, J. S., Esq., The Casina, Colchester .

«>w, Francis, Esq., 1, Pump-court, Temple . Basho, W. M., Esq., 2, America-square ....

, Thomas, Esq., 2, Elm-court, Temple . Win., Esq., Secretary, Mechanics' Institir ^ \\indon 1

N"., Esq., 4. FurnivaFs-inn

Bennoch, F., Esq., 77, Wood-street

Best, — Esq., Secretary, Gresham Club ....

Biden, John, Esq., 37, Cheap-ide

Bishop, G. A. C., Esq., 3, IJemutt Vhill .... Blackwood, Messrs, and Sons, Edinburgh .... Bkekwood, William Madox, Esq., AViml<..r Blades, Wifflam, Esq.. 11. Al.rlnmh-lano . Blakesley, I'M -iijainin, Escj., 17, Old Change Blast r \V. 1 l>,|. Literary Institute, Derby . Brandon, J., Esq., Lord Mayor's Court Office

Thomas, Esq., City of Lon<l<m School . 1 inor.

r, John, Esq., 41, Wood-pi a. « .... \vn, John, Esq., Scalcby-lodge. < 'am. Ion-road Brown, Jnhu Whitley, Esq., 30, Shoreditoh, K. 1

-Messrs. Kent and Co. . ...

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MSI 01 SUBSCRIBERS TO TRANSLATION <>r MHF.lt AT

c. : l

Burncy, Rev. Charl DJX, Archd --T,

Wickham Uish.. Witham, Essex

Burr, William, Ms.}., Mayor of Slnv\v>lniry Bin-stall, E., Esq., 41, Trinity-square ..... Burt, H. M.. -ad .....

liuttorworth, Joshua W., Esq., F.S.A., 7, Fleet-street . Buxton, Charles, Esq., M.P., 7, Grosvenor-crescent

Carter, The Right Hon. John, Lord Mayor of London Campbell, Rev. Duncan, Pentridge, Cranbourne, Salislmry . Caiman, W., Esq., Epsom . ....

Carter, Robert, Esq., The Grove, Epsom .... Carver, Rev. Jas., M.A., 31, Douglas-road, Canonbury,

Islington, N. ........

Cary-Elwes, V. D. H., Esq., Petersham - terrace, Queen's-

gate, Hyde-park .

Causton, J., Esq., 47, Eastcheap ......

Chambers, David, Esq., 47, Paternoster-row Chambers, Thomas, Esq., Common Serjeant, Temple . Chapman, William, Esq., Richmond, Surrey Chappell, William, Esq., 201, Regent-street Chester, Henry, Esq., 15, The Terrace, Camberwell Chidley, J. R., Esq., 10, Basinghall-street ....

Christie, James R., Esq., 4, Queen's-terrace, Woolwich Clint, Rev. R., Lampley, Pembrokeshire ....

Collins, W. W., Esq., 15, Buckingham-street, Strand

Collyer, Joseph, Esq., 10, Albert-road, Dalston

Compton, Joseph, Esq., 8, Chichester-terrace, Brighten

Corner, Charles Calvert, Esq., 19, Tooley-street .

Corner, G. R., Esq., F.S.A., 19, Tooley-street .

Cornthwaite, Rev. T., Forest, Walthamstow

Cory, Charles, Esq., Town Clerk, Great Yarmouth

Coutts, Miss, 1, Stratton-street, Piccadilly . . 1 vellum

Grace, John G., Esq., Wigmore-street ....

Cubitt, Mr. Alderman, M.P., 21, Abchurch-lane .

Cull, Richard, Esq., F.S.A., 13, Tavistock-st., Bedford-sq. .

Davenport, John M., Esq., F.S.A., Oxford ....

Davidson, Robert, Esq., 7, Queen's-terrace, Glasgow . Davies, Robert, Esq., F.S.A., The Mount, York . Dearden, James, Esq., F.S.A., Rochdale Manor, Lancashire . Devonshire, His Grace the Duke of, Devonshire House De Wilde, G. J., Esq., jl/r/r ///•// < >ffice, Northampton . Digby, K. H., Esq., Dover. . ....

Dixon, Thomas, Esq., 7, St. James's-place, N.AY. Dodd, Grantham, Jun., Esq., 26, New Broad-street Druce, Alexander Devas, Esq., 10, Billiter-squan

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-'•RIDERS TO TRAV ';!' LIUKH ALHI'S.

Copiea.

., Th. Ili-hr Hon. th«- Karl ..f, :><>. rrinee's-irate, W. , DufHeld, Kcv. Kieh.. IJ.l)., Frati:. TV, near ( 'olehester

Duke, Sir Jain • <, Hurt., M.P.. ! land-place

. The Right Hon. tin- Karl <>i r House,

• James's ........

\rthur, T' . ...

v. "Win. John, l»enenden \ .plehurst, Kent

Fit, Q II.. K-i" 1- N !on, N.

nasse, James, K<.j.. Doxlty I, ddstone

'irt, T. Sotheron, M-;j., M.I'.. 01, Katon-placo US, J., i: King \Villiam-street .

Ewing, William, Esq., Glasgow ......

Falmouth, The Kight Hon. the Lord, 2, St. James's-square . Faudel, Henry, Fsq., 38, 40, Newgate-street Field, I! . Eeq., Red Lion Wharf .

Fi, Id. Walt- r, I-,,., M.A., F.S.A., 7, Whitehall, S.W. Fillinham, John, Fsq., S, Hanover-street, Newington . F inlay, John, Fsq., 29, Fenchurch-street .... FMier, Joli? Iveiidal ... . .

lor the Merchant Taylors' Company . Cheltenham-place, Lambeth

Flintham. M. 15.. 'irarian, Lincoln Library

Flov ; Park-villas, Croydon .

Fortnum, C. D., E>.|.. F.S.A., Stanniore-hill, Middlesex, N.T Francis, C., Esq., 77, F< cleston-square l-'ram-ix, Frederir' \\'arlfy-|>lace, near Brentwood

', F-.j., -M, Crutched l-'riars

\\'., Ksij., Mynthurst, near Reigate . ' harles J., F-<|.. ( 'r..mw. 11-road, Princc's-i: S Plashet, East Ham ... .

^q., 4, John-street, Crutehed Friars .

Church-i-nd House, Little Hadliam, Ware -I! H.. Esq., 21, Upper Hanv .. St. John's \

83, Gower-s ...

IT. W. (i., Snuih Keii>5n-j . Ci-om \vell-rd.

Thomas D. E., Esq., Upper-street. I-!- (liirncy, Hud>on, FSIJ., M I1 es's-sq., AVestminster.

>[iss, 26, Clapham-s(|

. George, Ju:. I'ountain-street, Man. i

rani, \V. D.. - ilaa,"

I'kq., 38, Moorgii* Mr. Aid Hall, Tli i '

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IT>L OF SUBSCRIBERS TO TRANSLATION OF LIBKB. ALWs.

Harden, Charles, 1-N.j., 11, < >n-lm\ .:. Brompton

Harland, J., Esq., F.S.A., 7, Itepton-M.. l>rook-M., Maud.

ria, Samuel, Esq., Adcroft- Trowbridge

Harvey, D. AN .. Esq., Old Jewry .....

Hawkins Walter. ! -•:.. F.S.A., 5, Leonard-pi., Keiisin<.:

Heal, J. Harris, Esq., 196, Totteiiham-court-road

Heales. All'iv.l. Ksq., 8, Great Carter-lane, Doctors' Commons

Heath, John Benjamin, Esq., 66, Russell- square .

Heceley, Joseph, Esq., The Kaswell, Hascomb

Hewitt, Thomas, Esq., Summerhill House, Cork .

Hobbs, William, Esq., Reading ......

Holder, William Lloyd, Esq., 12, Pavement, City Hooper, Bartlett, Esq., 43, King William-street, City . Hooper, "W. Edw. P., Esq., Admiralty, Somerset House, W.C. Hopkyns, D.D., F.S.A., Weycliffe, St. Catherine's, m

Guildford

Horton, Isaac, Esq., 16, Clapham-rise .... Humbert, L. M., Esq., Master of St. Cross, Winchester Humphreys, W. C., Esq., Giltspur-chambers, 119, Newgate-st. Hunt, Robert, Esq., F.R.S., Jermyn-street .... Hutchinson and Bostock, 12, Tokenhouse-yard . 2 vellum

Ironmongers' Company, The Worshipful, Ironmongers' Hall, Fenchurch-street .......

Islington Literary and Scientific Society, Wellington-street.

Jay, J. Livingstone, Esq., Royal Hospital, Greenwich . Jeffery, John, Esq., St. Giles'-street, Northampton Jenkins, Rev. R. C., Lyminge Rectory, Hythe, Kent . Jepson, E., Esq., St. John's-wood ..... Jones, J. Winter, Esq., British Museum ....

Kenrick, Miss Elizabeth, Stone House, Canterbuiy Kerney, J. C. Fitzgerald, Esq., J.P., M.R.I.A., 'Kilclogher, Monixa, Galway . .....

Kerr, R. Malcolm, Esq., LL.D., 3, Dr. Johnson's-bdgs., Temple 1 Kershaw, W. W., Esq., Kingston-on-Thames

Kill, WilHam, Esq., Gateshead

King, Henry William, Esq., Tredegar-square, Bow-road King, Thomas Simmonds, Esq., 108, Hiirh-stivi't, Rochester. Knatchbull, Sir Norton, Bart., F.S.A., Mersham Hatch, Ashford 1

Lawrence, Mr. Alderman, London

Laing, Rev. D., M.A., St. Olave Rectory, s, Hait->tivet Laing, Robert, Esq., Independent Gasworks, H;ILJ Lawrance, Edward E., Esq., St. James's, Ipswich Ixiyley, Campbell Rob., lv -j ., Vnrk House, York Town, Surrey 1

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OF SUB-

•h, Hia; ik Brown's "WTiarf, Tooley-street

. \V., !•-.. old Cliai. . . . . * .

;., Thorp Hall, r,,lchr>t.T . Iward !•': EM., P.L.s.. 2, \Valbrook .

Lindsay, Ilalph, K-*<|., M.A.. F.>.A.. P>i;:Lrin Lodp-. Norwood Locke, John, Ks<|., M.I'., -j. I Iarcourt-lmildiii<j;s, Temple

ill.- Kurd BMi((],

Long, Jeremiah, Esq., I'liion-Mi, •. Hack London

_d« n, George Ro^ r. K^I.. I. !'»< niu-tt's-iiill . . Thomas. KS,J., I-'.S.A., 1-'., P>»v. -Ian.-. ( 'In -ap-ide . Lusk, Aiidn \\, ! Fenchui t .

. Sir <;., Dart., Ivl.-nhall. IVnrith

Mackcriu-ss, Thomaa, Bn., !. !'»' — Imnm^h-st., Bel^ Mackinlay. havid. M-«j., r<>ll<»kxhicls, Glasgow . Macloan/.Iohn, I-'>«j., F.S.A.. V^ar Office, Pall-mall, S.\V. . Wanehc-' Liln-ary, Campfield, Manche-

Master-man, \V. S., Esq., 15, Clifford's Inn . M( -I ). Mi-all, Mr. M.. < ; \ of London Schools Mea< : II.. Bflq.,32, 1 Mir rave-square

Mi-sham, H«-v. A. li., Wootton, < 'aiitcrhury . Mill.-r, Mi., Dorset Wharf, Millbank-

>ii Hall, near Burton-on- Qt. . . .......

Hun, Maj'.r. Thro \\ley House, Faversham ....

Mylm. K. \\ ., Ksq., F.S.A., 1 1\ de-park-gate South .

1 r. I Yancis, Chamberlain's Office, Guildhall . •il. .lolui, Esq., Guildliall Chambers, Portsmoui

i -«{.. ( Jlasffow ......

Ids, John, Esq., Weliedey Cottage, Guildford

Newcastli- I.' :i'l Philosophical Sorirty

Norman. II., .....

Nirholl, .Inhn. Pxj., I'.S.A., ( 'aiionbury-placo

42, Mark-lane . . .

v, Chris., Esq., 60, Doughty

Oldh -I. Laiir. M.A.. 1<>. .\, \\ l)uiIiiiLrton-

. Qeorge^ Baq.t P.lackluatli-hill .

IMiillips Mr. Aldi rman ami Sh, ritf 1'ainr. Tan. line, I 'urnham, Surrey

ie, Cornelius, , I un., Ksq., 21, Pali mouth

Edward II., Esq.. M. Kin^'- ard

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« harl. a Canon, < Ik-ham, \\ ilts

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iry >i.

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• ThoM linos M» InMrUd In the fly loaf of tho "Liber Albtw," in a band probably of the earlier half of the sixteenth century.

J. Carpenter.

LIBER ALBUS;

THE WHITE 1500K.

I 'oi \^MI < H a> tin- fallibility of human memory and the -hortness <>f life do not ullow us to gain an n :y thing

that (1. >t r\es remembrance, even though the same may have been commi to writing, — mm illy, if it has been so committed without order or

mcnt, — and still more so, when no such written account exists; seeing too that when, as not un frequently happens, all the a^cd, most experienced, and most di-nvet rulers of the royal City of London have been carried off at the same instant, as it were, by pestilence, younger persons who ha\ : IK-HI in the government of the City, have on various

occasions been often at a loss from the very want of such written informa- tion; the result of which has repeatedly been di-.put.-N and perplexity amonur them as to the decisions \\hieh they should give: — it has been

1 HBOOTHJj as well by the superior authorities of the said « as by those of subordinate rank, that a volume — from the fart of its con- taining the regulations of the < 'ity, it mi^lit he designated a 'Repertory* — ild he compiled from the more noteworthy memoranda that lie scattered without order or da- : throughout the books [and] rolls, as well as

tin- Charters of the said city. And tora>much as such design — for some cause unknown, unless indeed it be the extreme laboriousness of the undertaking, — has not 1>< i'o carried a volume of this nature, l.y

;t length compiled, in the Mayoralty of that

illustriou- in id \Vhity n^t on, Mayor of the said city; that is to say,

in the mouth o! \ . in the ^nation one

«

1 Thin bean peferenci-, M m-i.tl. ition was

4 PROOMIIM. (B.I.

thousand four hundred jnul nineteen, being the seventh year of the reign of King Henry, the Fifth of that name since the CompieM; containing therein not only those laudahle ohservanees whieh, though not written, have In-en 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 subordi: rank, may know henceforth with greater accuracy what in rare and unusual emergencies should be done, Jetc.

And to the end that any matter sought by readers in this book may be the more easily found, the present volume will be divided into Four B< and each Book, by its own Heads and Chapters, into certain Parts ; as by the several Tables and Calendars set forth by way of Title before the beginning of each of the aforesaid Books, will more manifestly appear, etc. And in the first place, the Calendar or Table of Chapters of the First Book, which is divided into Two Parts, is set forth as follows. —

The foregoing is the Pnxcmium, in which are contained the reasons why this book was compiled, etc.

It sets forth the division [also! of the whole work into Books,

Fol. i. B.

of the Books into Parts, of the Parts into Chapters and Heads, etc.

[CONTENTS OF PART THE FIRST OF THE FIRST BOOK.]

1. Of the three principal offices of London; that is to say, the offices of Mayor, Alderman, and Sheriff . . . . . . . [H]«

2. How that he who is now called ' Mayor/ was formerly (ailed ' Port greve/ and afterwards ' Justiciar' .....

When the name * Mayor* began to be used in London, etc. .

How that in former times the same person was both Mayor and Cham- berlain, etc. .......... [!'>]•

How that the Mayor sometimes supplied the place of < . under

the name of Chamberlain ........

'Tliis abbreviation, it will be oLs«T\..l. i« j.« .U< -lly ..runs; Imt in tances

\vith»,ut any aj>i>annt utility <»r

! HOOK. •"»

AI-», how that four Ald<-rm -n, by virtu.- of th<> royal 1 once

absence of J T of

tlu- < [14].

•"'• ^ :.y and wh D • \V ; in plieo of the

"M <; [15].

M"\v tang ,i \V.ird--!i was continual in London, etc. . . [15].

that the Common Seal was formerly in tho custody of the Mayor,

*..... Why no Warden will in future be appointed in London, etc. . [17].

I. I Tow precautions are t tumults arising at tl. >ns of

the Mayors and Sheriffs, etc [17].

Ho\v that the Mayor was anciently cl<rted upon tho Feast of the Apostles

>n and Judo, and on the morrow was presented to tho Barons at

\V :, and admitted [18],

V II that tho coi: uierly claimed the sole right of nomi-

Ing the Mayor, etc [18].

That, upon the election of a Mayor, two persons are to be nominated by

and most sufficient, who are Aldermen and have l)oon Sheriffs ; of whom one is to be chosen, by scrutiny of the Alder-

[18].

1 when tho scrutiny is to be ir, ... [19],

that tli remain in office beyond one year, \\

•.villiiinr at tho riMjin-t d' tho citi/eiiN so to do, etc. . [19].

that tl - in ancient times spent but little, etc. . [19].

•he commendation of the outgoing Mayor, before h.-

[20].

he customary manner of, and observances at, the of a new . . [20].

latioii of the j,a-t Mayor [21].

< M the change of seats by the old Mayor and the D [21].

Of the manmr in which the Mayor is wont to i bis

i at Guildhall, upon the clay <>1 the Apostles Simon and Ju

. . . . [21].

\\ ' : the nature of tin . [21].

The sword U be old M

CONTENTS OT THK FTUST ROOK. [B. t.

The reason why the past Mayor, upon any urpviit MRMJB, -hull the duties of such office throughout the whole of the said clay, etc.

7. Of the manner of proceeding upon the morrow of the 'Apostlt -s Simon and Jude, when the oath is administered to the Mayor at the Kxrhrqurr, L-U- ............. [22].

How that the past Mayor shall make oath to render a faithful account in the Exchequer, for his office as ^scheator, etc ..... [22] .

Of appointing attorneys for the City there and in all the royal placet and Courts, eto .......... [23].

Of the manner of passing the whole day after noon, etc. . . [23],

Of presenting the Mayor at the Tower, if the Court of Exchequer be not sitting, etc ........... [24].

8. Of certain other observances and usages in London at the divers Feasts under-written ; that is to say, going —

At the Feast of All Saints . . . . ^ from the church of

„ of the Nativity of Our Lord . f Saint 2 Thomas de

„ of Saint Stephen . . . f Aeon to Saint Paul's

„ of Saint John the Evangelist . 3 etc. . . [25] .

At the Feast of the Holy Innocents, to >v

TT /to the church of

> espers . . . . . . I ,

A , ,, ., , . ,, > Saint ThomasdeAc.ii

And on the morrow, that is to say, at the C

Feast of Saint Thomas . . .)

At the Feasts of the Circumcision, the Epiphany of our Lord, and the Purification of the Blessed Mary, from the church of Saint Thomas to Saint Paul's, as above, etc ........ [25].

In Easter week, that is to say, upon Monday, Tuesday, and Wednesday, to the Hospital of the Blessed Mary without Bysshoppesgate . [25] .

On Monday in the week of 8Pentecost, from Saint Peter's Cornhillr to Saint Paul's ......... [26].

On Tuesday, from the Priory of Saint Bartholomew to Saint Paul's [26] .

On Wednesday, from Saint Thomas de Acres to Saint Paul's . [27] .

1 The receiver of certain reversions and for- called 'Thomas of Aeon,' in consc<

feitures becoming due to the crown. the l»» li« f that Aeon, or Aero, in Syria, was

1 This church was situate on the north of captured by the Christini II.)

Cheapeide, upon the ground now occupied l»y by his mi; .ti-.n.

Mercers' HalL St Thomas & Becket was a Or WliitMii.ti.l-.

pt.M -i i HI pnsi HOOK.

Of the two nohl' !y to tl. lectors of the

ion ......... [07] .

( 'i the ttMi shilling;- > the same by tlic Archdeacon of

Middle . .... . [27].

< n' the six shillings and ei^ht pence given yearly to the same by the ideacon of Essex ........ [27].

(|. The penalty inflicted on a person elected Mayor absent himself 'at the Feasts of the Translation of Saint Edward and of

Saint Simon and Saint Jude. • ...... [27].

The penalty inflicted on Aldermen who absent themselves, etc. [-*]•

The penalty inflicted on a person elected Sheriff absenting himself,

........... [28].

How and in what manner punishment has been inflicted upon a person

•r absenting himself, etc. ..... [28].

10. The etymology of the nuim ' Alderman' . . . [29].

Also, what is to be reckoned as old ago in an Alderman . . [29].

I I..\v that he who is now called ' A Merman,' was formerly called ' Judge '

; id afterwards ' I! a ion ' ..... [-•']•

I Io\\ and why those who arc now called 'Judges' were formerly called .......... [29].

Of the ancient and honourable rites observed at the sepulture «>f Aid. r-

lllrll ........... [29]-

By wliat virtues and condition of life an Alderman should be distinguished

and i-i •( -omniended, before he is accepted as such . . . '-•*]•

(Obscrve here, iii esp< •< -ial, tliat the condition of serfdom may not be

:trd in an Ald.-nnan or in any other eiti/en.) . . . [JJO].

that tlu Aldi rnian has his title from the name of the Ward which hr j»n->id< > . ....... [30],

And in it.nmT tinn-s the \Vard had its title from the name t>: Ald< ; .......... [30].

How that Aldrrnirn are imt t«> IK- put upon Inquests . . [31].

upon what occasions and for what reason Aldermen have

]p«»n an In quett . ...... [31].

. that Aldermen shall not part with their robes, of the li and suit nf tin- Mayor and Aldermen, within the first year . [31].

8 CONI!\i- OF THE FIRST BOOK. fB. t .

How that Aldermen were wont to pay nothing for the enrolment of charters or deeds pertaining to themselves, etc. .... [32].

Of the punishment inflicted, by way of chastisement, upon those who insult, slander, and traduce the Aldermen, etc. .

How that in former times the Aldermen were not removable, except by death or for some enormous offence ..... ['^].

How that afterwards the Aldermen were removed yearly md

others elected anew, etc. [32].

How that now the Aldermen are not removable, unless there be reason- able cause for the same [32].

11. What a Wardmote is, etc [32].

How that what we now call ' Wardmotes ' the Romans formerly called 1 PleliscUa,' and the Saxons ' Folkcsmote ' . [32].

How that in former days they held Wardmotes several times in tlio yi-ar. Also, the manner of holding a "Wardmote, etc. .... [33].

How that the Alderman shall present before the Mayor, at his General Court, the Inquest of his Wardmote ...... [33].

What is afterwards to be done as to and upon the Inquest aforesaid, and the manner thereof [33].

That the Alderman shall punish the officers under him of his Ward, who are remiss and negligent [34].

12. Of the manner of electing an Alderman, within lii days . . [35].

That it is the duty of the Mayor and Aldermen to proceed to such election at the end of the said fifteen days .... [35]. The penalty for refusing the charge and office of an Alderman [35]. The oath of an Alderman upon his election and admission . [35]. Also, that it is the duty of the Mayor and Aldermen to proceed t< > election, in case the person presented be not admitted, for certain reasons, as set forth [:#].

13. The manner of holding a Common Council . . . [30].

The penalty inflicted on those present without summons . [30] .

How a matter in question and dispute shall be discussed and c-xamim-d, as to which the persons in Common Council assembled cannot readily agree . ... .

pti.j i mi ran HOOK. 9

I>< -unity intli. -t.-.l upm those summoned who do not appear The oath of the men «.!' the Common Council . . [3^]-

The manner of holding a Common Council in aneient times, and what came thereof .......... ['**]•

Approval of tin in 'hod ...... [37].

14. Of the Sheriffs of London [37] .

How that the Sheriffs are both judges and executors of their j

incuts ........... [37].

How that the Sheriffs are called ' Eyes of the Mayor ' . . [37].

Of the obedience to be shewn by the Sheriffs to the Mayor for the time being [38].

How that every difference and debate between the Sheriffs and any other persons whatsoever ought to be settled by the Mayor and Aldermen . . . . . . . . . . [;'s]-

15. Of the Recorder of London, and his office . . . [38]. Also, of his fee and his Joath [38].

1C. The manner of electing the Sh« r .... [39],

That the Mayor shall elect one Sheriff, for whom he shall be ready to

answer ........... [:*!>j-

And that the commonalty shall elect the other Sheriff, for whom in like

manner, etc [39].

Eow a dispute a* to the election shall be i • tc. . . [39]. Ity inflicted upon a person elected Sheriff absenting himself and

refusing the oath, etc [39].

•Delivery of the Cock, t by the old Sheriffe to the Mayor . [39].

Delivery of the Sheriffs' Records bel Mayor, etc. . [39].

Redelivery of the Cocket to the new Sheriffs by the Mayor . [40].

ry of the Records to the 'Common Cl« . [40].

Also, ids [40].

17. The oath of all officers of the Sheriffs . . [40].

j.nalty for refusing to take the oath . . -[40],

• >ath does not appear in • To the Chamberlain in reality, aa there

15th Chapter, but is given in Book III., stated.

original 4 This oath is not given in the 10th Chapter,

* This delivery is not mentioned in the but appears in Book II!., folio 208a I'.th

10 Nll'NTS OF TTIK FIHVr HOOK. [B. I.

What the now Sheriffs are to do, after dinner, on the day of their taking the oath ......... [40].

How that, after noon on the Vigil of Saint Michael, all things pertain to the new Sheriffs ......... [40].

Before noon, to the old Sheriffs ...... [40].

Also, that the Sheriffs are not to take of the bakers other fines than those ordained, under a penalty, etc ....... [40] .

The penalty inflicted upon the Sheriffs and their officers for not obeying the Mayor .......... [41].

That no officer shall keep a brewhouse, bakehouse, or cart or horses for hire ; nor shall they be regrators, under a penalty, etc. . . [41].

Also, that the Sheriffs shall not let the County of Middlesex t<» 'ferm ........... [41].

Also, that the Sheriffs shall not let the Gaol of Newgate to fenn [41].

Also, of the government of the keeper of the Gaol and of hi- MP- jeants ........... [42].

Also, of the grooms of the Sheriffs, and the 2seizure [by them] of cartage .......... [42],

18. Of the fees and duties of the Chamberlain, his clerk, the Common Serjeant at Law, the Common Clerk, and his clerks, etc. . . [42].

Also, of the fees and duties of the Common Crier, the Mayor's Sword- bearer, the Mayor's Serjeants and clerk, and the Serjeants of ihc Chamber ...........

[CONTENTS OF PART THE SECOND OF THE FIRST BOOK.]

The manner arid order in which the Barons and the community of the citizens of London ought to behave and comport themselves towards the King and his Justiciars, at the time when it shall please his lordship the King to hold the Pleas of his Crown at the Tower of London, as to attach- ments and misadventures that have taken place in that city . [45] .

Questions put to the citizens of London, at the Tower, at the I * there holden by King Henry, in the fifteenth year of his reign, and there

1 Or 'farm ;' i.e. at a fixed rent for the » Or Eyre, the Court held l.y th«- Justices tolls, duties, and customs thereof. Itinerant or Errant.

2 For the general purposes of the City.

• K. M nn;M \N, AM' -lir.KIFF. 11

enmll<-d, before Huh- H '•• 1- b :md liis MM) Ami the An--'

made by the citizens to the san ions, etc.

1Answers made to the Questions proposed to the eiti/ens of the

. l.y the Ju-tici;ir-> Itim-nmt at the Tower of London, in the fourth year of the reign of King Edward, son of King Henry . . [oO].

< >t Pleas of the City holden at the Tower, at divers Iters

p^i j ^

in div« I-H years, etc. The Pleas aforesaid are divided also into

nty-Mx Artielrx. which are set forth l>y way of Table and Calendar he beginning of the Pleas aforesaid, etc .....

I 'ART THE FIRST.

( 'H u'i I:R I. [Of t/te offices of Mayor, Alderman, mid Sheriff.]

In the City of London, since the time of the Conquest of England that was made by his lordship William, Duke of Normandy, in the year of our Lord 21067, then- ha\»- IMVII three offices, which (though to some ext» nt Subordinate, as hereafter set forth), by virtue of the prerogatives of their

11 wont to stand conspicuous among the other

ofiiresof the said eity, and deservedly to be held superior to them, — the office, that is to say, of May<>r, the office of A Merman, and the office of Sheriff; each of whieh has under it certain deputies, officers, and servants. For as to the office of the King's Escheator in London, though formerly it was otherwise, it is now included in the office of Mayr; as set forth in the Charters granted by King Edward the Third to the City of London, in tin- first and fiti« • nth \< ai^ nf his reign. Of the offices also of Recorder and Conm.T, ni.-ntinn will be made hereafter, in their respective places.

In tnatin^- therefore individually of tin- three principal offices b« named, and of the offices subordinate to them, we must begin with th«- highest of them, the office, namely, of Mayor.

CIIAFTKR II. [The former mimes n»<l <lnti<-* of the Mayor.]

The principal and immediate representatives of the sovereign power in London, since the time of his lordship King William, the Conqueror

1 He probably allude* to BOIDO few ooc*.

•uch Answer* are to be found in the present nons when a Warden wat appointed by the " iU King to rale the City, without the Mayor

* 1066 U tho date iwiuUly anigncd. being depoted from hia office.

12 VOHMF.U RAMBI \\i> DUTIW <>v -inr M \YOIJ. CB.I.

of England, have acted at various time* under varii.us namrs. I-W that King called his representative in the said city, him whom we now style 'Mayor/ il Port grave/— (a name which lie had taken from the Saxon language, in other words, the English) ; as appears hy his Charter, the words of which are given in the Liber Citstumannn, folio 187. For the wordier/, in the Saxon and Teutonic languages, is of the same meaning as the Latin deltas [city]. * Grave too, in the Saxon or German tongue, has the same meaning as a Comes in Latin. Hence this name ' Port- grave* was formed, signifying the same as <4Associate of tin- City;' and hence it is, that ever since England was a kingdom, the honour due to an Earl, as well in the King's presence as elsewhere, has belonged to the chief officer of London, who is styled ' Mayor,' so long as he continues in the office of the Mayoralty : hence it is too that the sword is borne before him, as before an Earl, and not behind him.

The fact that the Saxon or English words are written in the said Charter as **Gofregd Portrcfan,' otherwise * Port r eve,' must be imputed, it is thought, to an error on part of the transcriber, or else to some corruption or variation, in process of time, in the Saxon tongue; the letter 'g* being then omitted, either in the pronunciation or in the writing thereof. For it is well known that the superior officer of a city, in the Saxon and German tongue, is usually still called ' Port grave,' or 'Portgn-vc' at a more ancient period. In the same way, too, this same city, which in former times was named ' 6Luddesden,' from King Lud, is now, through a corruption in our idiom, called ' Londone.' And further, seeing that the Saxon word ' ; as signifying a steward or bailiff, is repeatedly in the mouths of the common people, it is very evident that the English, in process of time adopting a barbarous pronunciation of the Saxon language, have given to the principal officers of cities the name of 'Portreve,' as a substitute for that of 'Portgreve.'

In the Charter also of King Henry, son of the said William, when he

1 The exact word in the so-called original « Civitatis Comes. of the Charter is Portirtfa— 'chief officer of * In Liltt. at the ] '

a fortified place.' f erred to, the exact spelling is tQoi

8 Properly gerefa, fen/

* Meaning 'oMoriafe,' L e. of the King. • A firti..- Geoffrey of M«>n

Hence it came to imply the dignity of Karl mouth, B. I IF. or Count

PH.] \M> IH I I UK MAYOR. 13

1 to th< of London the County of Middlesex to ferra, he

.ted tin in liberty to • ' KTS1 from anmiitf themselves to k

tin- I'l.-UN <>!' his crown ; so that he who is now called ' M as also called

.r,' — as set forth in the Lt^ ' folio ab

:ice it seems, that the May .a- of London did not act under

>m mission at the delivery of the Gaol of Neugate, [or] at the

running of any pleas touching the crown, in reference to any cases

wh,, ini^ht arise within. the said city; unless, perchance, it

had become a custom with the Mayor- to sue for such royal commissions

'without prejudice, and not as an acknowledgment of any superior right;

.g to associate with themselves such Justiciars and persons

:ied in the law as they mi^ht think proper, by way of precaution against

delivering judgments founded in error. And yet, at a later period, his

lord-hip King Edward, son of King Edward, in his Charter, the words of

which are j^iveii in the Liber Cmtv, . folio 192, says — at the con-

clusion of that Charter, — ' And, further, we have granted, etc., unto the

r wo nor our heirs, for any matters arising within

same city or the suburbs thereof, will assign within that city our

'Justiciars, other than the .Judicial-- Itimiant at the Tower of London

'upon Iters of that kind, and tin- .Ju>ticiars for delivery of the Gaol of

'Neugate and for correction of errors at Saint Martin's le Grand, in

•:, a- fn mi iin.-ient times hath been the usage, unless, etc., matters

touching ourselves or our heirs.'

But it is in the Charter of Kin^ Henry, son of King John, that the chief of London begins to be called 'Mayor.' In that Charter,

as given in the said Liber Custitinarum, folio -'SO, it is written

ho follow t, — ' Know ye that we have granted, and by this our

h-i\e continued, unto our 8Barons of our City of London, •that tl from among themselves their Mayor each year, who

• niu-t 1 ,s, discreet, and fit for the governance

' th-

And ol.M -r M , that in s the same person was both Mayor and

. of the City of London. 1 'or thus Sir Gregory do lioko

Urnao is '</<> Irnr r** |>cr>

.il- lia- H-. \- i \ • v . t KM. li-li • •I'us.il. ut. (an . all teoAnto there in captie in

free burgage) wore thus styled.

14 FOK.MKH RAMBI \ND nrillv OF UN MAYOR. CB. i.

who was Mayor, was ealled ' Chamberlain • forth in Book B, folios

ij and 9, and many that follow. On the occasion, too, when Henry le (ialevs tin- Mayor, took liis di -pamire lor Lincoln, upon urgent business of his own, he appointed in his place1 William de Betoigne and ("Jeniiivy de Nortone ; and accordingly, in the King's writ, as set forth immediately after, they were styled 'Chamberlains' of the City, a thing that appears in the same Book B, folio 38. That the Mayor fulfilled also the duties of Coroner under the name of ' Chamberlain ' of the City, is shewn in the same book, from folio 3 throughout many folios that follow. There is found a let t er also of his lordship King Edward, son of King JEdward, under his Privy Sea 1 , written in the four-and-thirtieth year of his reign to the Aldermen and other citizens, directing them to elect four Wardens of the City, on the occasion when John le Blount, the Mayor, was made Knight in company with Edward, his eldest son, as set forth in Book C, folio 88; in virtue of which letter, there were chosen temporarily as Wardens of the City in place of the Mayor, Richer de Refham, John de Wengrave, Walter de Finchyngfelde, William de Combmartyn, Thomas Romain, and Nicholas do Farndone, Aldermen. And so it appears, that in former times, becau- person was Mayor he was Chamberlain also of the City and Escheator of his lordship the King; and because he was Chamberlain he was Coroner as well. For the fact that in former times the Chamberlain was Coroner also, receiving abjuration of felons, fugitives, etc., taking indictments with the Sheriffs, and sitting upon view of bodies feh de se and of persons killed, etc., is fully set forth as of record throughout the whole of the Second Tart of the First Book of this volume, and in many other places as well,

CHAPTER III. [The Warden of the City of London.}

It is to be remarked, that it is stated in the Chronicles of the 2Gi Liber Horn, towards the end, that in the year of our Lord 81280, beinir the fourteenth year of the reign of King Edward, son of Henry, Gregory de Rokesley, the then Mayor, the Sheriffs, Aldermen, and other dignitari- London, were summoned to appear upon the Feast of the Ap- • Peter and Paul [29 June] before John de Kirkel.y. T rarer,

mistake for -llmpy/ I -_\S5.

-What MH'.-mt l»y this uaii. • Ptop«j]f M.

aeems imiwiuble now to say.

i HI u \iu>: >ON. 15

the other JuMticiars of his lordship the King, in the Tower of London, for tli<- purpose of holding Inquests then •; and that the said Gregory

in-he of purpose resigned the Mayoralty, and delivered the

d of the City to one- Stephen Aswy and other Aldermen, and

then entered the Tower with the rest, not as Mayor, but as one of the

AM. mini and a neighbour of the citizens before-mentioned; alleging in

behalf of the City, that by their ancient liberties they are not bound to

i t he Tower of London for the purpose of holding Inquests, or to make

appearance there for judgment, unless first forewarned for forty days

thereto : — whereupon the said John [de] Kirkeby took the Mayoralty and

1 ilu'rties of London into the King's hand, because the City was found to be

without a Mayor. Wherefore, the citizens, upon appearing afterwards at

Westminster before the King, were arrested, to the number of eighty men ;

and some other citi/ens, who the day before had been with the Mayor at

kyngechirche and the Tower, were incarcerated. But on the fourth

day after, they were all liberated, Stephen Aswy excepted.

And his lordship the King then gave the citizens a Warden in place of tlie: Ralph de Sandwich, Knight, and commanded him

to keep and Lrovern the citi/ens according to their customs and liberties. 1 this Warden continued in office as such until the day after the Puri- •ion of the Blessed Mary [2 Feb.], in the fourteenth year [of that •]; when John liritone succeeded in his stead, and continued to be Warden until the Feast of Saint Margaret [20 July], in the fifteenth year; at whieh time Ralph de Sandwich was again appointed Warden, and s.» rontiiuifd to be for many years, that is to say, until the twenty- second year of that rei-n inelusive, as set forth in the same book, as also •''!•• end of Book F. In whose Wardeiiship, Sh.-rill> were sometimes assigned to the City l»y the King's Treasurer and the Karons of the reason that the liberty of the City was seized into the Kind's hand ; while at other times they were elected by the citizens. ids in the 9eighte< nth year of the reign of Edward, son of Kin- II in place of the said Sir Ralph, Sir John 1 intone succeeded as

I held that otliee until the t weiity-M.\t li year of the same r< eouermmnr \\hnin it i.s writt.-n in r,,«.k 15, folio 35, how that he - • the Aldemun and the six best and most discreet men of each

\ \ , limiting. * An em-i •>•

16 i in: WARDEN or THK CITY OF LONDON. CB.I.

Ward, and informed them that in the King's absence he had been appointed Warden by Sir Edward, the King's son, and the other lords. By whom he was enjoined upon oath, to preserve the City of London and all its liberties and ancient customs unhurt, in such manner as from of old they had been wont to enjoy the same ; and to behave himself in all things as Mayor, save only that he was to have the name of Warden, instead of that of Mayor, etc.

Whence it appears also, that the Common Seal was formerly in the

custody of the Mayor, by virtue of his office ; until the time when the

citizens prevailed upon the King to allow the Common Seal of the City to

remain in the custody of two Aldermen and two others, com-

FoL 8 A..

moners, by the commons of the said city for that purpose to be chosen, etc. ; as in the Charter of the same King Edward, son of King Edward, granted unto the citizens at the end of the twelfth year of his reign, and given in the Liber Custumarum, folio *94, is fully set forth.

Also be it known, that on the Wednesday in Easter week, in the six-and- twentieth year of the 2same King Edward, all the Aldermen and certain other reputable men of the said city appeared before the King at West- minster ; and there his lordship the King, with his Council, granted unto them the election of a Mayor. Whereupon, on the Friday next ensuing, with the assistance of twelve men of each Ward, they elected Henry de 8Galeys Mayor ; who on the Wednesday following was presented to the King at Fulham and accepted, being admitted and sworn on the ensuing Thursday at Westminster, before the Treasurer and Barons of the Exchequer. And on the Friday following, he set out for Lincoln on urgent business of his own, having first appointed as his substitutes William de Betoigne and Geoffrey de Nortone, as stated in Book B, folio 38. Where also are set forth the King's Commissions, one of them directing the said Sir John Bretone to resign the office of Warden, and the other command- ing the citizens to proceed to the election of a Mayor, etc. But as the said appointment of a Warden and seizure of the liberties into the King's hand, for the transgression of one individual, seemed rather an act of caprice than an exercise of legitimate right, to the end that the same might not happen in future, his lordship King Edward the Third granted by his Charter —

1 An error for 193. a More generally called * Waleys. In

» An error for 'father of the same.' \'.\"* !••• liu«l bm May., of li..nl«-;mx.

i m: ^ LVD] N 01 nn < n v or i 17

in I'*'- k I'. folio ln.~> — that I'm- no ]»<-r-<ni;il 1:

noal judgment pronoti • any oil;. iid city,

should tin* li taken into the Kin--'- hand. or into those

of hi- beilt, nor should any \Varden in the .same city upon Mich pr appointed.

IV. 'LP, : unit* at ////• WtHion of I

/or.]

At U. dions of the Mayor and Sheriffs, because in ancient tii, vast multitude u.sed to resort to the Guildhall — xc-inir too that, a> the Wise Man hear- wit IK— in the ''Jo'th Chapter of Ecelesiasticus, a gathering toget IK r of the multitude is a thing to be lean d. because in such case riots and tumults may readily occur, — the Mayor and Aldermen were wont for some <lay> hefoiv tlie day for electing the Mayor, and the Sheriffs as well, — as indeed they are still in the hahit of doing, — to meet together and discuss how such election might be made in a peaceable manner, and without tumult or outhivak of the populace. For which purpose, they noinii, the more di- d more sufficient citi/ens of . m fa \Vard, in

such numher as to them seemed requisite, and had them sum- moned l>y name to h. • at the flection of the Mayor on the 2dii\

Saint 1-idwanl, the K ing and Confessor.

And hi-cause it would fn-tjueiitly happen that, upon the day of such

•ion, the populace who had not been summoned rushed into theduild-

liall, the Mayor and Aid. mien, sometimes upon the strength of their own

ollicial authority— as set forth in the ordinaii- 1 in the last folio of

Book F — and >omrtim«-s upon that of a royal writ, caused proclam

be made throughout the City up<>n the Vi^il of such day of Saint Edward,

that no one slmuld appear, under a heavy penalty, at the (Juildhall during

i >n on the morrow, unless specially summoned thereto; a^ M t forth

b Book D, fctio 8, BOC* Blotto 11, and Hook G, t :in«l

also, as set forth in I'. lio 191, that ujxui tin the

Feast of the Translation of Saint M«l\\anl, in the four-and-t wenticth yearot'

Kin^ Kdwanl the Third, a certain hill was ^ ni t«- \ldiiman l»y the

commanding him, in virtue of the f.;ilt\ which he owed unto his lord

/ -t his Translation, 13th Oct.

18 .[\M FUMULTB A i II [B. i.

the King, to present himself upon the said I- a-t at the (niildhall ; :IN also to cause to be summoned four of the best men of his Ward for the same pur- pose, he then having the names of such persons endorsed upon such hill.

It is also to be observed, that in ancient time-; tlie Mayor was el< etrd upon the Feast of the Apostles Simon and Jude [28 October] ; as was the case at the election of Thomas Romayn as Mayor, in the third year of the reign of Edward, son of King Edward ; who was elected by the Aldermen, and twelve of each Ward summoned thereunto, and on the morrow was also presented to the Barons of the Exchequer at Westminster, and accepted, as set forth in Book D, folio 2. And the reason why another day for the election was substituted, was the increasing expenses as well as certain other causes, as stated in the following Chapter, etc.

CHAPTER V. [The Manner of ejecting the Mayor.']

And further, upon elections of the Mayors of the said city, disputes frequently arose between the Aldermen and commoners, the latter thin! that the nomination as well as the election of the Mayor belonged to them- selves only ; and accordingly, after coming to an agreement, on the Eastern side of the Guildhall (the place, that is to say, where the Sheriffs are wont to hold their Courts), they used to attempt to present to the Mayor and Alder- men, seated at the Western end of the Guildhall (at the place of Hustings, namely), a single person only as the Mayor chosen by them for the ; ensuing. The Aldermen, however, opposing this, used to assert that they themselves also were citizens and members of the community of the City, and that it was by no means just that, by reason of the prerogative' that belonged to their office, they should be deprived of having a voice iii

election of him who was to hold the supreme place as the King's representative in the same city. Hence it became the custom, hy common consent of both Aldermen and commoners, for the commoners who were summoned upon such election, after the Recorder had stated to them on behalf of the Mayor and Aldermen the reason for sueh summons, to retire to the other end of the hall, as before mentioned, and there to nomi- nate two Aldermen, each of whom had been Sheriff and was a fit proper person for the office of Mayor. Which done, they returned, and hy

•in;

r own ( 'oinmoj; and Aldcl'llK 11

I hich of them t' .1 1.,- pleaded to

admit to tin- ollire ,r for the year then i:> ing, I this, th.- Mayor and All. TIP :uling to th«

of tin-in by a plurality . the (,'0111111. taking n(,to by

ttiny, under toperrkian of tl: ; lor; th« •. m, they

made known to the j>eople in the (Juildhall, by the mouth of their »rder, \vhich of the two had been eleeted Mayor f..r the ensuing

But it often hapjx ned, that when u Mayor h well th.

iiioi. 11 willingly have had him to continue in office as

• case of Mayors who have held the Mayoralty for inan\ >. continuously, Henry Fitx-Alwyne, for example, the lh>t Ma\ laid the oliif .nseeutive years; the Mayor also who succeeded him,

Roe, MI continued in oilier three years; Andrew le linker* II.

sevt ; Thomas Fitz-Thomas, four years ; Gregory d« I;

era, from the third y«ar, that is, of the i Bdwwd, BOO of

Kii,. B |T| incli;-ivr, to the end of the nintli

inclii.sivi- r- ss well as tli- v.-ords. —

.John de lllount also was Mayor for six eomeoatii ok F, at

tlie end, where tin- Mav-i's ,-nid Sheritl'N U i uf, i> more fully stated.

Hut it deserves remark, that in ancient times tl.

nothing HIM. g the time d di«l at o(

tim- content with one, or at the very nm>t, two | ,rms

OS part of tl. hold. M\en more than this, as in those times they

-. it wa> the custom for the Mayors, on the same which i 1, to go on foot by land, or by boat on t!

, to Westminster, or the Tower, and thereto nr,i\r : \cd.

The ^reat costs :led by the

OT bein.' a.ssent of

lonMiij, King Edward, son of Kin^ l-'.d \\anl, at the close of the twelfth . that t: aforesaid should iin

in oilier a> such Mayor beyond «>i ime ; asset forth in the 7.

• Iv

o 2

20 THi I "1 III < 1IV. TIM: M \Ynr. [B. ,.

Custumantm, folio 1%2(>1, a^ also in the copy of the same Charter entered in Book E, folio 90. The concession of this point was solicited, it is thought by some, because certain former Mayors had held royal commis- sions to remain in office as Mftyor during the King's good plraMm- — a thing that the public took much amiss ; as was the case with Nicholas nedone for example, as set forth in Book E, folio 146; and similarly, with Ilamo de Chikewelle, as set forth in Book E, folio 148.

As the Mayor then of one year cannot be Mayor in the year that follows, unless perchance he is most urgently pressed to continue in office, and of his own free will consents thereto — so that, by the liberties of the City, he can in nowise be compelled to submit to that burden for two consecutive years— it became the usage, upon unanimous elections, for the Aldermen as well as the commoners, before proceeding to elect another, to compliment the outgoing Mayor — (supposing always he had gained that amount of favour with the citi/ens) — upon his good government, and by the mouth of their Common Pleader urgently to entreat him to take upon himself the burden of the Mayoralty for the then ensuing year. Upon his final refusal to do which, the commoners presented to the Aldermen the names of two of the Alder- men (taking care not to nominate the Mayor, it being fully understood by them that he could not be made to continue in office against his own good pleasure) ; of which two the Aldermen selected for Mayor the one they pleased, in manner before mentioned. The selection thus made, it was the custom for the Mayor to take his departure from the Chamber and descend to the hall below, holding by the hand as he went along the person who was so to be Mayor for the ensuing year ; after which, the Mayor and Aldermen being seated in their places, the Recorder announced to the people the name of the person elected Mayor for the year then next ensuing, giving notice also to the people to hold themselves in readiness to accompany their Mayor on horseback to Westminster on the morrow of tin' Feast of the Apostles Simon and Jude [28 October] then next ensuing, and so uphold the honour of the principal city. This done, the Mayor and Aldermen arose and left the hall, the people following.

In cases where the person so elected was not present, it was the usage for the Mayor and Aldermen, with the Sheriffs, to go to his house, and

» Pmi>eriy, 192.

Pt. r] I I! •>]

then- i:ive him notice forthwith to provide himself u itli all things requisite !-•! the «»i!icc <>t' M ;.l to bo present at the (Juildhall upon the Feast of

the A]mxtles Sim. Hi and .Jude then n :«• to have the oath

administered, as from anei.-nt times had been the custom; utter which, each person departed to his home.

CHAPTER VI. [TV M , r>j Oath at ////• CJmWtalL']

The Feast of the Apostles Simon and Judo being now come, about the truth hour by the Moek, 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 - 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 outgoing Mayor upon such points as deserved commendation; and tho Mayor too, if he had anything to say, was duly heard. This done, the out- going Mayor vacated his seat, and the May- >r • 1, « t took his place ; the past Mayor, however, Minn-; next to him, on his left hand. Then, the Common Serjeant-at-arms holding before him the 2book with the Kalendar, with the effigy of Him Crucified on the outside thereof, and he in the meant ]»la< -iii£ his hand upon the book, the Common Clerk read to him the oath. t he was about to make on the morrow in the King's Exchequer, to the same effect as is entered in Book I >, f« -li. . 1 . When he had made the promise and duly kissed the book, the old Mayor delivered to him the 'Seal of the Statut. > t. toother \\itli tin- Seal of the Mayor l«»se«l in two

purses. Tli i- was also heard, if he had anything to say, by way

atiiiLT the aid of his f, ll..w- A Id. rmen dunn- hi- t ime, as also lantial men of the community, for the hetter p>\

of the (

/, dMMM4 l-r-M-'ly 'I'.v ^' W th- » With whicfc

hour* in HUM time* being announced by bell* record made for the eeonrity of

,o book of the RraagolMte, and acknowledged before the Mayo*

"

22 Till '- OATH AT TIIK (it II OH \. [B. >.

This done, it was the usage for them to arise and take tin -ir dqurfuiv, the people following. The sword, however, was borne Ix-lniv tin- past Mayor, who led the incoming Mayor by the hand, tho Aldci-inm and l>eople following the latter to his house ; after which, the sword pivtdrd the past Mayor as far as his own home. Nor was it the custom lor cither of the two Mayors to appear again in public on that day: but in rase of urgent necessity it would be the duty of the past Mayor, for the rest of such day, to exercise the functions of his office in public and abroad; n g that he was not fully discharged from his office until such time as the Mayor succeeding in his stead had been accepted by his lordship the King, or the Barons of the Exchequer or Constable of the Tower.

CHAPTER VII. [TJie Mayor's 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 substi- tuted— 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, arr;i in their respective suits, to meet on horseback upon the place without the Guildhall about nine by the 1clock, the sword being borne upright before the person nominated as Mayor. Departing thence, they rode together along Chepe, through the gate of Newgate; and thin, turning into Fletestret, 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 Records- 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 tlx 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 t<>

1 See Note 1 in the preceding page.

th< •!)'>•,].: ! yor; placing his hand upon which, he

ith that he I the (Juildhall. This

(l«»nc, it was the custom for tli. ( . .11 l>eha!

the King and the L< -pi-rial to preserve peace

and tranquillity in the • ! then, te -t of his ability, so to

Mirveill. r tlu- sellers of all kinds of provisions, as not to

allow the puMic to sutler from excessiv \nd after this, it was the

usage for th . to 'present himself as ready to account for

e as Escheator ; \ 11 he also was sworn to render a good and

faithful account of the said oliice, 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

Kxchequer as attorney of the said city to challenge and

. as and when necessity might demand ; after which,

upon receiving leave from their Lordships, they withdrew. In like manner

also, in the 1Common Bench, they appointed a member of that place to act

as attorney for i l»ut in the Kind's l»ench it was the custom for

>rneys, jointly and severally, to claim the libei oms of the said city, as and when necessity might •

irned, the commons preceding on horseback in

companies, arrayed in the suits of tin -ir respective mysteries. Those, how-

members of t 10 which the Mayor belonged, as

also those who were of his livery, proceeded next before

person, i , moved so close to the Mayor but that there was a marked

spae he serjeants-at-arms, the mace-bearers, and his

sword-bearer, went before him, with one Sheriff on his right hand und the

hi- 1, -ft, bearing white wands in their hands. The Recorder and

the othef Ald-nuen followed next in ••nl.-r. and accompanied him through

of the market of -\Vcstchepeto his house; after which, they

••, as many, that is, as had not been invited to the feast same day, after dinner, it was the custom for the new Mayor to proceed from his house to the church of Saint ['Thomas] do Aeon, those

» Thia word baa been erased here and elae-

\ great aafaraa probably of strong anti-papiatical ten

24 IHI Mnnu's O.MII AT TIM: I\<III<>MK. IB. i.

of Ilia 'livery preeedin^ him ; and after tin* Aldermen had tin n-

'* A.

assembled, they then proceeded together to the < hun-h 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 Ixmdon ; the priest repeating the *De profttndis. They then moved on to the ehureh- yard, where lie the bodies of the parents of sThomas, 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 (some- times 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 4the morning and the evening were one day.

It should also be known, that if the King's Exchequer is not at London, or if it is vacation-time with the Court, the Mayor is presented to the Constable of the Tower of London, or his deputy. In which case he is accepted and sworn without the first gate ; as was done in the case of Sir Nicholas Brembre, elected Mayor on the Vigil of Palm Sunday, in the fiftieth year of the reign of Edward the Third. In like manner, upon the morrow of the Feast of the Apostles Simon and Jude, John le Blount was presented as Mayor, sworn, and accepted, by John de Blakbrok, the deputy of Sir John de Sandwik, Constable of the Tower, in the one-and-thirtieth year of the reign of Edward, son of King 6Edward, as set forth in Book C, folio 112. This liberty is entered also in the Charter of his lordship the King.8

CHAPTER VIII. [Of certain other Usages and Observances on part of

t/u1 MayorJ]

In like manner, at the Feast of All Saints [1 November] then next

1 Those of his retinue who were clothed at over, and the others sul»ti: his expense. 4 A j»rody of Qenesi* \. "».

* The commencing words of the 130th • An error for * Henry.1 Psalm. • Probably in allusion to the Charter of the

3 The original wnnls wi-re * Saint Thomas 20th Edward I. of Canterbury ;' but these have been crossed

25

.in-, the Mayor was wont, t^ether with his household, to proceed alter dinner to tin- < hurcli of Saint [Thomas], as also the Aldermen and the people ot' the Ma\..r'> livery, who met together there, with the substantial men of the several mysteries, arrayed in their resju-etive suits ; and thence to proceed to the church of Saint Paul, and there hear Vespers, and then

.rn in manlier already stated. In like manner also, upon the day of our I , Nativity, the Mayor, Aldermen, and Sheriffs, with th«»e wh«» wviv of the liveries of the Mayor and Sheriffs respectively, were wont to meet

: dinner at the church of Saint [Thomas], and then, as already men- tioned, to proceed to the church of Saint Paul ; where, on the right hand side of the choir, in the stall next to that of the Dean, the Mayor would stand, the Aldermen also taking their position, each in order according to his priority of rank, a> well on the same side of the choir near the Mayor as on the other side, while Vespers and Complines were read. Which services being duly heard, the further proceedings were to the same effect as stated in the preceding Chapter. A similar usage was observed upon Saint N«-p hen's day [26 December], as also upon the day of Saint John the Evangelist [6 May]. Again, upon the Feast of the 'Innocents, the Mayor, A Mermen. Sheriffs, and others were wont to hear Vespers in the church of Saint [Thomas de Aeon], and on the morrow to hear Mass there and Vespers as well; after which, they returned h' The former ceremonial was observed also upon the Feast of the Circumcision [1 January], the Feast of the Epiphany [6 January], and the Feast of the Purification of the glorious Virgin [2 February].

And observe, that prayers are only offered for the soul of Bishop "William in the nave of the said church, upon the days on which the Mayor and

riffs have their oaths administered at the Exchequer ; nor has it been

the usage for the Mayor and Aldermen to remain at Saint Paul's until

Complines are ti j.t up..n the Feasts of the Nativity of our

Lord, the Epiphany, and tin- 1'uritiration of the Blessed Virgin. For, at

oats above-named, imraed iit.lv after Vespers they withdrew.

"ii th. in Master week, the Mayor, Aldermen, and Sheriffs,

arrayed in their suits, aa also a largo concourse of the city people of either

sex, used to resort in the forenoon to the Hospital of the Blessed Mary

> ho Urt two of the Canonical wrrioM in Church, the day, according to the rale of the Romish * Or ChiUermM Day, 28th December.

26 USAGES AND OBSERVANCE OK fAXl OF TIIK M VYnK.

without Byssliopesgatc, to hear Sermon there. The same too was done upon the Tuesday and "Wednesday in that week.

Again, shortly before the Feast of UVnUvi.st, it was the usage for tin- Mayor and Aldermen to meet, and come to a full understanding as to t In- sults of vestments to be provided. The Mayor too and the Sheriffs, as a mark of honour, bestowed their liveries upon their friends and tin- m» -in- here of their households, as well as upon the officers of the City, according to the requirements of their respective grades.

When Monday in the Feast of Pentecost had at length arrived, before dinner and between nine and ten by the clock, it was the custom for the Mayor, Aldermen, and Sheriffs, arrayed in their suits, to meet in the church of Saint Peter upon 2Cornhulle, as also all those of the livery of tin: Sheriffs as well as of the Mayor. From which place, the Rectors of London heading the procession, those who were of the Sheriffs' livery followed, and, next to them, preceding the Mayor, those who were of his livery; after whom came the Mayor, with the Recorder and Aldermen, in order of precedence, the procession passing through Chepe to the church- yard of Saint Paul's. Entering this on the North side, they were there met in procession by the officials of that church ; and then, passing out by the South side of the churchyard and through the Close of "Watlyngstret e, they entered the church by the great door on the West side ; which done, 1 came to a stand in the nave, while the hymn Veni Creator was chaunted by the Vicars to the music of the organ in alternate verses, an 3angel meanwhile censing from above. This ended, the Mayor and Aldenn< n, ascending to the altar, made their offerings; after which they returned, each to his home. And observe, that the Archdeacon of London used to give to the serjeants-at-mace with the Mayor and Sheriffs, as also to those of the Chamber, two nobles, equally to be divided among them, for preserving the procession of the Rectors from the pressure of tl it- throng.

On the morrow again, on Tuesday, that is to say, the Mayor and Aldermen were wont to meet before dinner, between nine and ten l»y the clock, at Saint Bartholomew's ; after which, preceded by a procession of

1 Whitsuntide. arrayed as such. This was by no means an

8 CornhilL uiiciuiiiiiiui practice on great occasions an. I

3 An acolyte or other official of the church public cereimm

MAYOR.

Minion folk of Mi<Ml< y passed through the gate of Newgate,

and so proceeded to t

onward, throiii:li < »1«1 < 1 the Close of Saint Paul's by

Saint no's Gat < h the proceedings were the same as on

rations day. And [on this occasion] the sura of ten shillings was

t •> t h e s. . ' : 1 1 s 1 > Y t he Archdeacon, as already mentioned. On

tin- third day, on Wednesday, that is to say, in the week of Pentecost, the

r, Aldt rmen, and other persons, were wont to meet at the hour afore- said at tin < hurch of Saint [Thomas] de Aeon; after which, preceded by a procession of the common folk of Es> on straight to the

churchyard of Saint Paul's, the proceedings being just the same as on

I onday before. And [on this occasion] the sum of six shillings and eight-pence was gixvn l»y the Archdeacon of Essex to the said serj< ai-nia. , . It should be known also, that on occasions when these fees were not paid, it was the usage to compel the An hdeacons by distress to pay the same.

IX. [P< certain cases on f/ir Mayor

Aldermen.]

Forasmuch as tli< Aid. rnu n, whose duty it is to meet together in the

Ihall at London for th<- eh <t ion of a Mayor on the Feast of the Apostles

nd .hide [28 October], on one occasion hnd absented themselves,

through fear of assumiiiL dty; at th« -of William de

1 ''minion of the eommonalty of the said City, an

ordinance was made by the Mayor and Aldermen, on the Saturday of the

Feast of th< A p. -t].- Simon and .hid. , Ki< hard Lacer being M the

every year thnicrfonvard, at the 1-Ya-t of the Truncation of

Iward th« King [13 October] the Mayor and all the Aldermen

>h'»uld i he (iiiildhall in London; as also, of each Ward in the City,

according as it was great or -mall, twelve, eight, or six persons, of the

wealthiest and wisest in such Ward; and that no persons, unless duly

sumni"! to, should conn- or in any way intrrfeiv in Mu-h « 1. i-tion of

Max -riti-. And at the same Feast of Saint Edward, they

tin- usual manner to fleet their Mayor for the ensuing

V d at MM : be

28 IT. NAT/TIES INFLICTED ON MAYOR AND \I.1>] KM! \. [B. r.

between the said Feast of Saint Edward and the Feast of the Apostles Simon and Jude, to make arrangements ]as to his private affairs.

It was also agreed that if the person so elected Mayor at such Feast of Saint Edward, shall, at the Feast of Saint Simon and Saint Jude then ; ensuing, absent or withdraw himself, from unwillingness to assume the burden of the Mayoralty, whether he may have been absent or present at the time of such election ; the officers of the City aforesaid, for the time being, shall nevertheless cause to be levied from the goods and chattels, lands, rents, and tenements, of the person so absenting himself, one hundred marks sterling, the same to be paid unto him who shall, at the said Feast of the Apostles Simon and Jude, by reason of his absence happen to be elected in his stead.

It was also agreed, that all the Aldermen shall in every year be present in the City of London, as well at the Feast of the Translation of Saint Edward the King as at the Feast of the Apostles Simon and Jude, at the election of such Mayor ; and that if any Alderman shall at any one of the aforesaid Feasts absent himself, he shall pay to the Chamberlain of the said city, for the time being, to the use of the community aforesaid, twenty pounds sterling, unless such Alderman shall be absent for some reasonable cause, and be able before the Mayor, Aldermen, Sheriffs, and community, satisfactorily to excuse himself. A like ordinance was made also in the time of the Mayoralty of Walter Turk, in the four-and-twentieth year, that is to say, of the reign of Edward the Third, as to persons absenting them- selves from the election of the Sheriffs, under a penalty of one hundred pounds sterling. These ordinances are inserted in the last folio of Book F. And observe, that the first of these ordinances was carried into execution in the two-and-fortieth year of the reign of Edward the Third ; for upon Walter Berneye, who had been elected Mayor on the Friday of the Feast of the Translation of Saint Edward the King, not appearing at tin- Feast of the Apostles Simon and Jude then next ensuing, Simon le Mordone was, on the day of that feast, elected Mayor for that \var, and on the morrow was admitted and pr< - nt< d to the Karons of the Kxrhequer, as set forth in Book G, folio 216; and from the goods of the sarn. Walter t: was levied a sum of one hundred marks, to the use of the said Simon.

1 de slatu suo di*ixmcrc.

OFFICE, RANK, \M> QUALHICACTOI

X. 7". fi?i- . l: •'-. V • ns of an Alderman.]

It w. l(K)k to the etymology <>f the word 'Alderman,' the more aged ia so called. For in Saxon means 'old/ an is our word

'older;' and hence, as the judgment is most vigorous in persons of more mature years, the dignitary who among the Romans was known as ' Consul* OT ' ^ ,' among us is called ' Alderman.* And \<

in the case of Aldermen maturity of mind is to be considered rather than of body, and gravity of manners in preference to length of years : hence it is that in the ancient Laws of King Cnut and other kings in Sax<»n times, the person was styled 'Alderman* who is now called * Judge* and ' Justiciar,* as set forth in the Liber Custumarum, folio ! V t , in several other laws of Saint Edward, the personages who are now '.-•d ' Justiciars* were called ' lagemanni,' from the Saxon /age, which corresponds with the Latin Ics, or ' luw ; ' the lagemannus being a 'man of law/ such as we now call a *' lawyer,' or, more correctly, a ' legislator.'

These Aldermen too, in respect of name as well as dignity, it is evident, ra anciently called ' BaroMs.' For it is matter of experience that even since the year of our Lord 1350, at the sepulture of Aldermen tin- anru-nt custom of interment with baronial honours was observed ; 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 ban IK r in his hand, ami earrying upon him his shield, helmet, and the rest of his arms, ul<m<r with tin- banner, as is still the usap> at the sepulture <>t% W«U of lian.nial rank. But by reason of the sudden and frequent changes of the Aldermen and the repeated orrunvnre of pestilence, this ceremonial in London gradually died out and disappeared. From this, however, it is evident what high honour was paid to the Aldernu n in am-i.-nt times. Indeed, no person was accepted as Alderman unless he was free from deformity in body, wise and discreet in mind, rich, honest, trustworthy, free, and on no account of low or servile condition; lest perchance th<

Unk u Icftin the original Reference but m included in the Cottoni*n manuscript b mad* no doubt to that portion of theL&r Om^uu, I> !! » no longer at Guildhall, * /»rt*«r*im.

30 OFFICE, HANK, AND <jr\MHi HTONfl <>1 \\ \ I .! >K K M AN.

disgrace or opprobrium that might be reflected upon him by reason of his birth, might haye the additional effect of casting a slur upon the other Aldermen and the whole city as well.

And hence it is that from of old no one was made apprentu •<•, or at all events admitted to the freedom of the said city, unless he was known to be of free condition: and even if, after lie had received the freedom, it became known that he was a person of servile condition, through that same fact he lost the freedom of the City; a thing that was the case with Thomas le Bedelle, Robert le Bedelle, Alan Undirwode, and Edmund May, butchers, who, in the Mayoralty of John le Blount, lost their freedom in consequence of having acknowledged that they held land in villenage of the Bishop of London, and so remained debarred of the freedom of the City, as set forth in Book C, folio 88. Hence too, in the Mayoralty of Nicholas Extone, fishmonger, in the year of our Lord, that is to say, 11300, being the 3[tenth] year of the reign of King Richard, the Second of that name since the Conquest, an ordinance was made that upon the admission of apprentices, as also upon receiving the freedom, the same ancient custom should in future be observed ; as set forth in Book H, folio 3 — .

The Alderman also in modern times has his title from the Ward over which he presides, as * Alderman of Chepe/ for example, 'Alderman of Bridge/ 'Alderman of Quenehithe.' In ancient times, however, on the contrary, tire Ward was styled after the name of its Alderman ; thus the Ward of Candelwykstrete was called ' The Ward of Thomas de Basyng,' and the Ward of Castle Baynard ' the Ward of Simon Hadestok/ In like manner, Tower Ward was called ' the Ward of William de Hadestok,' and the Ward of Chepe 'the Ward of Henry le Frowyk;' and so too Vinetrie Ward was styled 'the Ward of Henry de Covyntre.' Similarly also, the parish of Saint Bride was said to be 'in the Ward of Anketill de Auvern ;' the same that is now called ' tin- Ward of 4Farndon/ from Nicholas de Farndone, who was afterwards Alderman of that Ward; the same too as to the Ward of Lanin-lmrne. These matters also are set forth in Book B, folio 3, and many folios that follow.

1 This is an error ; 1387, the tenth year of a The reference is on. Richard IL, ia meant 4 Now Tarring

* The number ia accidentally omitted.

31

In anri.-nt times also, th- njoyed the privilege of not being

plaeed on Inquests ; as mentioned in the 1. < ^tumorum, folio 220, where it is stated that in the Ward. •n-hip of John le Bretone, among other ordinances made by him and certain Aldermen, by the commonalty for such purpose elected — as set forth in Book C, folio 6 — his lordship the King confirmed an ordinance to that effect, so long as such Aldermen should be judges of the City. Still, however, we find it stated that as well

Aldermen as the Sheriffs of London, etc., were placed upon Inquest in th* King's behalf, in a case of burglary, namely, and Breaking into his Treasury, at Westminster, as set forth in Book C, folio ?(> ; but a case of such rare occurrence and of such high importance cannot be construed as a precedent.

Also, tli r, Sheriffs, and Aldermen were all accustomed to array

i nselves in a like suit on two occasions in the year ; when the Mayor rode, that is to say, to have the oath administered at "Westminster, on the morrow of the Apostles Simon and Jude ; such vestments being trinu with proper furs. Again, it was the usage for them to be arrayed in a like suit against the Feast of Pentecost, the linings being then of silk.

ice it was that, on the Monday next after the Feast of our Lord's Kpij.liany, in the thirty-first year of the reign of Edward the Third, ordinance was made by the Mayor and Aldermen, that wh« K should

so happen that the Mayor and Aldermen should be arrayed in such like

, no one of them should give or part with his robe within that year, under pain of forfeiting one hundred shillings to the use of the commu- nity, \\ ithout any remission thereof. And if it should so happen that any one of th. in should • Aithin that year, his executors, under

th' aforesaid, were not to al »r give to any one, such robe

within that year; such ordinance being entered in Book G, folio 65. It was the usage also for the Aid. mi. -n to make no payment for the enrolment of a charter or deed of any kind whatsoever iiaelves; a thing that is repeatedly stated, and more espe- cial ly in Book C, folio 1 .'I

» On which occasion, Walter de Wenlock, £100,000. Twelve of them were kept in

abbot of Westminster, with eighty of his prison for two yean without trial but at

monks, was committed to the Tower om the length were released. Soe Otmr"*. rf< loit-

charge of stealing property to the value of don (Camdrm fee.), p. 29.

32 OFFICE, RANK, AND QU AI.IFICATIONS OF AN ALDKi:M\V [B. i.

How persons too are to be chastised who are guilty of assault upon the Aldermen, while performing the duties of their office in the preservation of the peace, may be seen in the case of William 1 Faint, Ksquire, then dwelling with the Bishop of Bath, and an official of the Receipts of his lordship the King ; whose hand it was adjudged should be struck off in the Guildhall, because he had made an assault upon John Rote, an Alderman, in the Mayoralty of Nicholas Extone, the tenth year, that is to say, of King Richard ; as set forth in Book H, folio 210. But in reference to the subject of persons guilty of assaulting, cursing, calumniating, and slan- dering the Aldermen, a more full statement is given in folio [290] of the Fourth Book of the present volume, etc.

In former times too, the Aldermen were not removable from their offices during life, unless for some grave offence or crime of enormity for which they deserved to lose the freedom of the City as well. At a later period however, his lordship King Edward, son of King Edward, in the twelfth year of his reign, by his Charter — entered in the Liber Cmtumarum, folio 192, — conceded that the Aldermen should be removed each year. But at a more recent date, the losses, inconveniences, and grievous perils being taken into consideration by the King and his Council, which had for some time arisen in the City by reason of this yearly change of Aldermen, and which were still likely to arise, it was declared and decreed, as is now the case, that the Aldermen should remain irremovable, unless some reasonable cause for their removal should arise, — as in the Charter granted to the City by Richard the Second is set forth, etc.

CHAPTER XL [The nature of the Wardmotc.']

The Wardmote is so called as being a meeting together by summons of all the 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 'pklix'-itn : ' the same in fact that were styled 'folkesmot ' by the Saxons in ancient times. The Aldn -nu >n p in the habit also, by virtue of warrants by the Mayor for the time h<-in^ to them directed, to hold their Wardmotes, twice at least, or oftener, in the

1 Probably, Receiver of the Fines, or Receiver of the King's rents.

year; on which occasion* enquiry used to be made as t«» tin condition and -.(juillity of the Ward, and such defaults as were presented

v tin Aldt rman, as hereafter will be shewn.

The process of holding a Wardrnote in London has customarily been as follows. — The Alderman, after receipt of the warrant, is to command bedel to summon all such nu>n as are householders, as well as nil 1

. in hi- bo appear before him at n 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, at 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, J'v themselves, and those of the hired servants and non-freemen, l»y themselves. And when at the hour appointed they have duly met together, the Alderman having taken his seat with the more opulent n of the Ward, each in his proper pla clerk of the Alderman is to

in the bedel, in behalf of such Alderman, to command attention; which done, it is the clerk's duty to read aloud the warrant before-iu tioned, and th.-n 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 noi -resent, answer to his name, and shall make default

1 1 be put down and amerced in the sum of four pence at the least. A : iln\ the bedel is to present to the Alderman a panel, arrayed 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 Wanlmou ; the same as thos 1 in the Second Part of Book III. of the present v,,lu

folio 30. After this, a certain day for making their presentment i> bo givi-n l.y the Aldrrni;.: jurors. On which day the jurors arc to

present thrir verdi.-t indi nted, one part of it to remain in possession of tlu- Aid. riuan, and tin- otiMV with the Ward. It is. the duty aU> of :

Alderman to present his part to the Mayor, at the sitting of hi- i.

General Court ; to th« , nd that, nft.r it has been seen and enquired if •o is any matter the correction of which pertains unto the Mayor a . t ho aforesaid ind. > red to him, to be acted upon

respects, <

D

;)1 '1HF. NATl HI. OF THi: \V\1M)MMM. [B.I.

And at the said Wardmote, there ought to be elected by tin A Merman and reputable men of the Ward, as also by the jurors, the 1Scavager*, Alc-n >niu-r<. Bedel, and other officials ; who, at the General Court before-mentioned, shall take the oaths befitting their respective offices, as set forth in the Second Part of Book III. of the present volume, folio 26. 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 AVard. Bakers also were to have their stamps there, the im-

Fol. 10 A.

pressions 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 Alder- man 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 2frank-pledge, notwithstanding that in other "Wards they have been already received therein ; on which occasion they are to take the oath that is entered in the Second Part of Book III. of the present volume, folio 326, 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, 4ap]»renti< e-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 corrc defaults and nuisances presented by the jurors at the Wardmote afore.-

1 Officers whose duty it was originally to of former times.

take custom upon the Scavage, L e. inspection 2 To be bound, mutually with nth.;

of the opening out, of imported goods. At a their respective good behaviour ; a usage of

later date, part of their duty was to see Anglo-Saxon origin,

that the streets were kept clean ; and hence s Folio 209 of th

the modern word * *cav*>nrj<>rS whose office * A barrister iimi.T If, \, -ars 'standing. corresponds with that of \]\<- ruktjr-r (raker)

35

] !•> «,f ditlieulty should arise, and of a n;/

:••< of which description the M

i, aided by a in

liaad. Also, if -man .shall find the officers under him remiss or

•it, he shall warn them to amend their conduct; which ii' 1 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 the same.

CHAPTER XII. [The Election of an Alderman.']

Upon the election of Aldermen, it is the custom for the Mayor to pro- ceed to the Ward that is vacant, and, at the place where the Wardmote of

h 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

iiwith, ii' they are willing and able, or else on a given day, the AL man is to be elected by the greater and more substantial portion of 1 1 Provided always, that fifteen days do not expire before making such ; 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

of Mich Ward, when they have made tl. 'ion, in

maniier already stated, to present the person so elected to the Mayor and Aldermen for admission.

it the person elected, alter 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 imtaMe tin. and ransom. Hut if the person so elected is duly admitted, in

'i case he shall take the oath that is . in the Second Part of

Bo<>! 1 he present volume, i led always, that if the

Mayor and Aldermen, for some notable cause, shall not think proper to admit the person Ward shall proceed again to make a more

suit . I. • < • Wardsmen shall refuse to do this, or if, from

malevolence and pride <•• 'hey -hall elect some other person whom

the ( burt) taking into consideration the advantage and honour of the City,

not so far demean itself as to accept, it is the usage for the Mayor and

D 2

:',•', 1111 1.IKTK.N OF AN ALDI'.IIMVN. &• '•

Aldermen, as in the former case, after waiting til'urn days, t«> i-Urt and admit another.

CHAPTER XIII. [The J/.////,r,- <>f holdiny a Common Council.]

The manner of holding a Common Council is as follows. — The day 1 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 accord- ing 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, and entered in Book I, folio 176. All the commoners too that are summoned are to be called over one by one, by a serjeant of tin- 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 tin y 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 pn >- ceeded with, the presence of the persons so absent not being waited for. KuTy 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 ably

' excused; and good and true counsel you shall Lpiv« , at'in- y«m

' 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

1 that after you come to the Common Council, you shall not IVoin tin

im OK iioi.niN(, \

' depart, without iv;iM,iKihl.' cause or the Ma; n<e, until the Mayor

Il-'\vs shall have departed; and that what shall bo spoken in ' the Common Council you shall not disclose. — So God you help, and God's • 1 1 1 \ Gospels.' These and other matters to the same purpose are set 1

look II, folio 178.

In the Mayoralty of John Warde, the after-mentioned ordinance was entered aa to the election of Commoners for the Common Council of th« *o 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 tin* 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 tho purpose of so doing, bills were sent by the , not to the Aldernu n, but to the rulers of the respct •

Mysteries, as set .forth in Book H, folios 45 and 46. 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 m of

holas Brembre, John Northamptone, and other Mayors, . A , however, the more discreet and more worthy persons of the said < ig called tog* long discussion was held as to the amendment of

the said ordinance ; and at length it was ined that, in accordance

with the approved and established practice of ancient and praiseworthy usage, tho Common Council should tl. Ch l>e 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

Ounn \iv. [The

The Sheriffs of tho City of London, who were formerly styled tin ' Bailiffs/ nre judges themselves, alone in their own Courts, as to personal s ; but in the 1 1 i£8 they are not only judges, but also executors of the Mayor's judgments and precepts, etc. They are also the ' eyes of the or,' ever on the watch and taking thrir shore of the anxieties whieh -;iid Mayor, as being but one individual, would be insufficient ta encounter. For the Sheriffs and all their officers both ought to ^ n ^ be, and of usage have been, subject to the Mayor for the time

38 THK SHERI1 IB. i.

being, — as the limbs are subservient to the head. — both in staying pro- ceedings and in sending plaints before him, with all matters that jn-rtain thereto, after the same have been held before them and proved, by way of examination, etc.; and in performing all other mandates issued by him, etc. When any question or debate arises between the Sheriffs and another person, on any matters unto the said Sheriffs or their office pertaining, tin same ought to be, and of usage has been, determined by the Mayor and Aldermen ; for hitherto the liberties of the City have forbidden the Sheriffs to be judges in their own cause.

CHAPTER XV. \Tke Recorder.']

The Recorder of the City of London should be, and of usage has been. one of the most skilftd and most virtuous 1apprentices-at-law in the whole kingdom. His duty is, always to be seated at the Mayor's right hand when recording pleas and delivering judgments ; and by his lips records and processes holden before the Mayor and Aldermen at Saint Martin's le Grand, in presence of the Justiciars assigned for the correcting there of errors, ought orally to be recorded. And further, the Mayor and Aldermen have been accustomed commonly to set forth all other matters touching the City in presence of his lordship the King and his Council, as also in all the royal Courts, by the mouth of such Recorder, as being a man more especially imbued with knowledge, and conspicuous for the brilliancy of his eloquence.

The Recorder's fee was in former times greater or smaller, according as the occasion and his own deserts demanded, as shewn in Book IV. of the present volume, folio * . But at the present day, and indeed for many years past, his fee has stood at a fixed sum of one hundred Smarks. The Recorder has also from the Chamber by way of fee, the like vestments, whether 4lined or edged with fur, as often as the Mayor and Aldermen in each year receive the same; his clerk also is provided therewith, like the Serjeants of the Chamber. The Recorder is also wont 6 , and his < leik. to sit at table with the Mayor, etc. More, however, in i to the

1 Barristers of less than 16 years' standing, » Of thirteen shillings and four ; >•

and under the degree of Serjeant ' With -ilk, «.r iK-rli;ip.s with liiu linen, as

The number is omitted, but folio 275 is the \v :<1 is l\

probably alluded to. * There is an erasure here.

THi

office of Recorder, i«, set forth :^rtli, ] in the Secon<.

of Jionk III. of tlu- present volume, folio .

( 'H AFTER XVI. [The Election of Sheriffs.']

As concerning the election of Sheriffs, — the Mayor, Recorder, Aldt rm, n, and Commons, are to be assembled on the day of Saint .Matthew the Apostle [21 September], in such manner as is ordained on tin 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 on* halt' of the 2ferm of the City due to the King, if he who is so elected l»y ili« May«»r shall prove not sufficient. But if the Mayor elect him by counsel and with the assent of the Aldermen, they also ought to be an- swerable with him. And those who are elected for the Common Council, themselves, and the others summoned by the Mayor for this purpose, as be- fore declared, shall choose anoth< r Sheriff, for the commonalty ; for whom all

commonalty is bound to be answerable as to the other half of the ferm so due to the King, in case ho shall prove not sufficient. And if any •

\orsy arise between the commons as to the election, the i is to

proceed and be discussed in such manner as is contained in the art upon the 'Common Council ' in the l^tli Chapter of this First Book.

And if any one of thoso then chosen to be Sheriffs shall refuse or absent

himself, so as not to be ready at the Guildhall on tin Vigil of Saint Michael

•liii^. at ten 1»\ the clock, there to receive his charge, there shall bo

d forthwith from the goods, lands, and tenei m nts of him who so absents him- If, one hundred p.,imds ; one half to the use of the Chamber, and the

r half to th< use of him who shall be then suddenly elected and charged by reason of such default. And it' the second person elected shall refuse the charge, all his goods, lands, and tenements shall bo 'arrested, for all

uses touching that of And the old s shall come to ddhall, at eleven b\

k at the very latest, and shall d< li\« r to the Mayor (at the latest, at

Mayor's General Court that is held after the Feast of the Epipha

8 A term applied anciently equally to the * Or fee-farm rent KUture of property and i«cnnm.

40 KLI i FS.

all records of picas touching freeholds pleaded before them in tlu-ir time, with all other memoranda touching m-<uvrirs sutfnvd hy any pi rson, under a penalty of one hundred shillings, to be levied from each of tin 'in 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 1Cocket to such Sheriff as he himself shall have chosen, and the records to the Chamberlain for safe custody ; and forthwith, the new Sheriffs are to be charged in such form as is written in the Second Part of Book III. of this volume, folio 25.

CHAPTER XVII. [The Oath of all the Sheriffs1 Sercant*, and their

duties.~\

And as soon as the Sheriffs are sworn, all the servants of their office — clerks, Serjeants and their *vadlets, bailiffs of the customs and of Middlesex, the gaoler of Newgate and his clerk, — shall also be sworn, each according to that which pertains unto the position that he holds, any oath made before their masters to the contrary notwithstanding. And he who refuses such oaths is to be adjudged incapable of holding any office for that year. And he who does not appear that day to receive the charge before the said Mayor and Aldermen, shall lose all his offices for that year. And none of the Sheriffs shall have more than eight Serjeants, but fewer if they may suffice to execute the business of the public. The oaths of the Under-Sheriff and of all the Sheriffs' clerks, of the Serjeants of the Sheriffs, and of the vadlets of the Serjeants, are set forth in the Second Part of Book III. of this volume, folio 27.

Item, after dinner on the same day the old and the new Sheriffs shall go together to the prison of Neugate ; and there the new Sheriffs shall receive all the prisoners by indenture made between them and the old Sheriffs, and shall place due safeguard there at their own peril, without letting the gaol to ferm. And be it known, that all profits arising from any customs or bailiwicks pertaining unto the Sheriffs of London and Middlesex, after the hour of noon on the Vigil of Saint Mk-liad ;il<>i. - said, shall belong to the new Sheriffs, and before the hour of noon to the old ones.

1 The seal of Newgate. 2 Grooms, or inferior oilicera.

PVI.J ID TIMII; 11

vafter shall take any line from luik.-r or from 1-

olid what it is ordained lor them to tu', !tl' .-hall

do so, and be attainted thereof, he shall pay for each penny so received

ve pence to the Chani!

.. it' it hapinn, which God forbid, that any one of the Sheriffs or

:r officers shall have especial command on part of th< or

Aldermen to perform any business touching the t'ity, and such Sheriff or his officers win not take in hand the same, such Sheriff or officer shall be warned forthwith to appear befon \ or and Aldermen, and the Com-

mon Council of the City, there to answer why he has not done what he was commanded to do. And if he shall not think proper to appear on the day appointed, or if he shall come and not offer reasonable excuse, he shall be ousted from his office and another established in his place. And if sue) shall be found in a servant of the Sheriffs, he shall be ousted

ir.'iii his office and adjudged incapable of holding any other office in the said city, thenceforth for ever, without restitution thereof. And also, neither Mayor, Sheriff, nor Aldermen, clerks of the Sheriffs or of the Chamber, Serjeants, bedels, Serjeants' vadlets, porters of Counters, nor officers of Newgate, nor their vadlets, shall honc< her

luselves or by others, brew for sale, keep an oven, or let carts for hire; nor shall they be regrators of any provisions, or hucksters of ale, or in part-

>hip with Mich. And the person who will not make oath thereto, or who shall contravene this ordinance, shall be ousted from his office for e

i , t he Sheriffs shall not let the County of Middlesex to ferui in any manner, but the same shall remain in their own keeping, by their dt p that so th.- p. ..pie in the said County of Middlesex may be treated and governed in due manner as the law demands, without extortion committed upon ai.

Item, the said Sheriffs shall not let the Gaol of Neugatc to form, but shall put there a man, sufficient and of good ; •» keep the said gaol

in duo manner, without taking anything of him for such keeping thereof, l.y covenant made in private or openly. And the gaoler, who by the said Sheriffs shall bo depui. d thereunto, shall make oath before the Mayor

1 Aldermen, that mi nor any other for him, shall take fin-

extortionate charge from any prisoner for putting on or taking off his r shall receive monies exi .ny pri- Bid it hha'..

42 OATH OF SHKKIFFS' SIKV\\lx AND Mil IK !>1 II! v [B.i.

fully lawful for the said gaoler to take from each person, when set at liberty, four pence for his fee, as from ancient times lias Wn tin- uv but he shall take from no person at his entrance there, nor shall he issue [execution] suddenly, by J command of the Mayor and Aldermen, without other process. And if he shall be found to commit extortion upon any one, he shall be ousted from his office, and be punished at the discretion of the Mayor and Aldermen, and Common Council of the City.

Item, the Serjeants' grooms who 2 seize cartage, shall take no more carts or horses than are necessary, and even then, such carts and he: [only] as are on hire; and not those of poor folks who bring victuals and other merchandize to the City, while they spare the carts and horses that are let on hire, for their own private advantage, — on pain of dismissed from their office for ever.

CHAPTER XVIII. [TJie Fees and Duties of the Chamberlain, 7//x clerk, tin Common Serjeant -at- Law, the Common Clerk, and his clerks.]

The Chamberlain, the Common Serjeant-at-Law, who is other- Fol. 13 B. vf\s& called the ' Common 3Countor/ and the Common Clerk, shall be elected by the Common Council of the City, and removed, at their plea- sure. And each of these shall receive for his labour from the Chamber t« n pounds per annum. And further, the Common Clerk shall r. iste-

nance for his clerks in either Chamber, and for every deed and will enrolled in the Hustings, ten pence ; and for every deed enrolled in the Mayor's Rolls, he shall take two shillings ; and for every writ of assize, of nui-;m< •< •, and of intrusion, and for every precept directed to the Sheriffs for pleas of Hustings, and for every writ of Scire facias and of Fieri facias six pence, the case of Aldermen excepted.

And the Chamberlain shall give in his account each year, between the Feasts of Saint Michael and of Saint Simon and Saint Jude, the Apostles [28 October], at the latest, before two Aldermen and four of the commons, who shall be chosen by the Common Council of the City, on the day of Saint Matthew [21 September], to take such account. And the persons so chusni shall name to the Chamberlain a certain day, upon which he shall hold

1 This passage is probably corrupt. » Or Pleader.

2 For the public service of the City.

FEES \M> DtTJES OP MINOR OFFK 43

in readiness to render his account. And also, the Wardens of the dge shall each year give in tlu>ir account in the same manner, before the same auditors, or others by the Common Council thereunto appointed.

v one shall ask to see any record, he shall shew unto the Chanilu rlain or the Common ( reason for such demand; and

it it shall seem reasonable to the Chamberlain or the Common ('!• -rk. it shall be shewn unto him by a clerk, sworn to the Chamber, and not otherwise ; and if he shall wish to have a copy, he shall have the same for a competent payment, to be given to him who shall make the transcript. And ny clerk shall otherwise disclose the secrets of the rules and records, and shall be clearly convicted thereof, he shall be punished bodily by imprisonment, and shall lose his office for ever.

i, that the clerk of the Chamberlain shall receive in part for his labour one half of the sum that arises from the twelve pence taken for the entry of writs of franchise; and further, he shall receive for his labour what the auditors of the Chamberlain's account may think proper to allow him, at their discretion.

Item, he who is Mayor for the time being, and is sworn unto the City, and [is also] Eecheator for such time being, shall keep a clerk for that office ;

whom he shall be prepared to answer as well to the King as to the C for the saving of his own honour and estate.

Item, the Common Sorjcant-at-Arms of the City, who is otherwise called

• Common Crier/ shall be always of the household of the Mayor for the time being, and ready at his commands, as the oth Serjeants are; and he shall receive from the Chamber sixty shillings each

r, and a further sum, if such shall seem reasonable to the auditors of the Chamberlain's account, in ooMidnftlOB of his good behaviour; and ho shall receive from each of the Aldrrmen for his fee the entire robes or cloaks

• i.i.-h they arc sworn upon h they receive charge of 1 1 office, or else six shillings and eight pence, at their own pleasure; and he shall further receive from the Sherifls twelve pence for every cry that he makes throughout the City ; to enable him to do which, they shall find him a suflieimt hm-M , f,,r the honour of the City. And he shall also receive for each testament that is proclaimed at the Hustings, and for each plea determined at the Hustings, four pence, as his fee. And such Serjeant shall be elected by the Common Council, and removed when

44 FEES AND DUTIES OF MINOR OFFICE!^. [B. i.

Item, the Mayor shall have two other Serjeants at L a^t. and an esquire, a man well bred (one who knows how in all places, in that which unto siu-h sen-ice pertains, to support the honour of his lord and of the City), to bear his sword before him, at the private cost of such Mayor. Saving howi'vt i , that each of these three shall receive from the Chamber forty shillings JUT annum, and no more, as his wages. And further, the esquire shall receive, in addition to this, for each letter that shall be sealed with the Seal of the Mayoralty, twelve pence, the case of Aldermen excepted.

Item, in the Chamber there must be three Serjeants, and no more, to serve the Chamberlain in business touching such Chamber, and who shall be elected and removed by the Common Council, when they please. And cadi of these shall receive from the Chamber forty shillings per annum, and they shall share between them the half of the sum arising from the forty pence taken for the entry of writs of franchise ; and they shall be clothed in the suit of the Mayor, at cost of the Chamberlain, twice each year.

Item, if any serjeant of the Chamber shall be found negligent and not attentive to his duty, by testimony of the Chamberlain, upon the first default forty pence shall be deducted from his salary, and upon the second half a mark, and the third time ten shillings. And it is not the intention of the Common Council that by these penalties they shall be excused for any outrageous faults ; but, according to the extent of such offences, they shall be removed or otherwise punished, at the discretion of the Common Council of the City.

IJooK I.

PART Till: SECOND.

7 order in ichich the Baron* /<«-

Fol. 10 A. nit i/ of th> r>'/t'zens of London ought to bf/uicc ami con<i

time when it shall

please his lord*/* A to hold the Pleas <. »m at th< Totccr

of London, as to attachments and misadventures that have taken phic

that city.

CHAPTER I.

ho first place, it must be fully understood and agreed between the said borons and citizens as to the attachments and misadventures that are now to bo newly presented to the Crown.

r and more discreet persons of the said city ought, and of usage are wont, to meet together at a certain and lining place, for the allaying of such strifes, rancours, and discords, as have before arisen in

'1 that. praer :in«l friendship In ing thus renewed among

tlu in, they may be, in will and in deed, as one man and one people, in pre-

. in<r uninjured their persons, their customs, and their liK rties. And

it shall so happen th.it at this same time any one disturbs

the City and molests the citi/ens, he to be pronounced, among his

tit, an enemy and a public foe ; and himself, as well as his heirs,

for of tlu ( 'ity. For it does not stand to reason

that t.»r such a person his lordship the King should take t and its

into his hand, to the grievance nnd d. trinu nt of the whole <

ClIM-ll K I I.

A KM, du« ran must be taken that the Sheriff* and the Chamberlain, \\ith th.li- ••!. rks, mad together at a certain place and on a certain day

as title the Aldermen of the City are here

46 PREPARATIONS FOR HOLDING PLBAJ 01 Mil dOWH. [»• '•

before the Council of the City, between the Feast of Saint Michael, namelv, and the Solemnity of All Saints [1 November], to compare their mils for the past year and to recite the same. And the above order is i<> l.e observed within the said period in every year; a new roll as to the attach- ments and misadventures of each year being duly written and prepared by a skilful and competent scribe, who is to be bound by oath faithfully to perform this duty and to observe secrecy as to the same. And so from year to year the roll is to bo increased, and with the Charters of the City is afterwards to be safely preserved.

CHAPTER III.

Also, when his lordship the King shall send his letters for the summoning of the attachments of his Crown, such writ is to be enrolled. And if it shall so happen that in the King's writ the day of summons is named within a shorter period than that of forty days, then discreet and serious men must be sent, to shew unto his lordship the King and his Council that by his letters he ought to give them another day. For, in accordance with the ancient liberties and usages of the City, they ought not to be sum- moned as to attachments of this nature within a shorter period than forty days at the least.

CHAPTER IV.

Also, when they have received the mandate for certain, savin ir always the liberties of the City, to set forth and plead the said attachments and misadventures, then each Alderman is to prepare a roll for his own Ward ; in which rolls are to be contained the suretyships and attachment > that pertain unto the King's Crown; for the purpose of instructing and fore-warn- ing the people of that neighbourhood that they meet at ^erkingecheivl ic- on a day appointed, and thence, if the City is so advised, proceed to the Tower of London ; to the end that they may discreetly and prudently n, answer unto his lordship the King and his Justiciars as to those matters which shall be objected to them. And they must cause the names <»l >M< h as are deceased to be distinctly and openly briefed, that so they may be

' Now, Allhailows liarkin-

M

.! tlh' <_T:I'

ili«' Chamberlain of tin • ' tliird

<l;iv hei'mv the d;iv appointed tor ; 'he

•AH. The same order also must be observed as to those absent from the h persons to be essohud in a 1

CH \

Also, upon the day on which the Pleas of the Crown are of usage

. the custom <>f * :s as follows. — On tl < arly in

morning all the laymen «»f : :>ound, and of usage are wont.

rky niree ml, proceeding thence in a body.

'Wer of London, becomingly and properly arm < 'are also

Tim n that no 2scld, shop, cellar, or 8sollar, in which things are sold

>t open so long as such Pleas of the Crown are Tower.

CHAPTER VI.

Al*< same d;. Unmon Council of the

1-1 In- sent lYoni llrruxni six or more of the more

serious, honour; -nsoftli- \vhoare1

Towrr tor the purpose of salutin- and welcoming his lordship the King, his Council, and his Ju-ticiars, on behalf of the City; begging of them ' if it n i Uhij> the Kinj^, they may safely appear before them in

Caving all their lilxrti.s and customs unto the Mayor and all -i/.eiH. Km- his Wil-hip tlie Kinur and all his predecessors,

:iurl;ind, and their Justiciary ha\ s preserved unto all

:!'« rties safe and nni:

CHAJ-II K VII.

named should shew D > the

_r, and unto hi> C..un.il and his Justiciars, that, on behalf of his .-hip the King, they ought to forbid any person to presume to keep

' An emiii WM a legal excuM by the = A UTRO .bed. iwed mortJy fur the itowagu . ii.t, .-I- hia reproMOtalivM, for non- of memhandim,

• An upper room.

48 FORM OK M \KTNC THI PUHOmO [I!, i.

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.

CHAPTER VIII.

After this, three men, discreet and moderate, should be chosen ; one of whom 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 t \v< » 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 , 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.

CHAPTER IX.

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 citi/.-ns the answer to be made by the City is this. — That although they may be fully

PA1 \ i [Ol

,-r, still, they will not unadvisedly make answer thereto; but, after holding counsel and conference together thereupon, they will make answer by the Common Council, saving alwa; s nf the Ci< 1 for the purpose of

I-;- paring such answers, four-ant 1- persons or more must be chosen

from the Common Council, who >hall forthwith proceed to hold a Common Council of t: for ensuring the safety and protection of th-

body of the citi/.'ii-. And no 'stranger shall thrust himself am«»i.. to hear the counsels of the City, so long as they shall be thus holding coni< n.

•i i u X.

r tli« Justiciars of his lordship the King shall have handed and shewn unto the Mayor and Barons of the ( ity the articles pertaining unto Crown, they shall immediately demand a fitting clay, for the purpose of making due preparation and taking counsel thereon, to the end that t : may be able safely to make answer to the said articles » upon the day so granted unto them l>y tin- Ju.-ticiars; and that in the meantime they may be enabled discreetly to enrol and In i«-f the same articles and their answer*

< 'H \ri i i: XI.

From the four-and-t w< -nty men or more lx ; four per*

••-• should he - • !' the Common < !>eassoci

with the Mayor lor the purpose more especially of making answer to the rgcsand articles aforesaid. Also the '• er with the

Common Clerk «.f tin- city and • :!>' cl« rk<, -hall be seated before

them for the purpose of noting by way ol .d all -uch charges 1

are made; lest the same, through default of I., in- 90 notdl. >l:..u!.l !-• lost in ol,li\i,.n And one of such persons must act as protl whose notes all the others are to take copy, in Mtting down as well the King's charges as the answers made b\

< \ II.

Also, as concerning the Sheriffs and A . provision must be made

1 One Dot free of tb«

50 THF. THKI.I Ft 1C(. \Tln\S IN PLEAS OK Till. CROWN. CB. I.

aa follows: — The Sheriffs are to have their serj»':mt< th« -iv present, and all the Aldermen the bedels of their AVurds, 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.

CHAPTER XIII.

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 2mayhem, and is known as the ' Middle Law.1 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.'

CHAPTER XIV.

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 applied, 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

1 Modes of clearing themselves when ac- 2 The maiming or mutilation «.f a litnl., cased. proper for defi-nce in ti^ht.

wv \u. 51

is i 1 guiltless of felony and breach of the peace of his lord

King, as also of all crime so laid to his charge, — 'So God may help 1 and those holy ^Gospels].' After this, six men are to make oath • to the best of their conscience and und< rstanding, the oath that has so sworn is a sound oath and a safe, — 'So God may help tin in. and those holy [Gospels].' And this proceeding shall be repeated until tin- 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-

• •d 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 2Walebroke and eighteen men from the \Vest side of "Walebroke, persons who are not kinsmen, cousins, or members of the family of the accu* < • -t connected with him by marriage or in any

• Tway, but only trust wo r <>t' the franchise of the- ' The

names of these persons are to be read to the accused ; who, upon hearing in, shall shew unto the Mayor and Barons of the City the names of such among them as he holds suspected. And if ho shall shew reasonable cause against tin -in, the names of such persons shall be struck of the written list, and others shall be chosen in their stead, to com- '• aforesaid number and duly to be read befor. him. And \vh.-n accused shall be content with the names so entered, and shall have himself upon them f- It <>f the said accusation, t!

by counsel of the City, he shall appear before tin Jn-ticiars of his lordship _:, at a certain time and place, to wage and make his law. Hut in accordance v usage of the City, such person shall have

respite for Hnaking his law for a term of forty days at the least complete. 10 six-and-tl; [so chosen] shall be delivered

tin- .Itistiriiirs of his lordship the King.

1 Ai thi> word » not ezpraMd, it » I»M. » The rirulet of Wtlbrook.

,*'«m*rm<*.'m*y.pi>lyk> ti* holy • /. *. madeigoiag h» trid Hy «uh of Uw

relic, upon which not unfrequently perau jnron ; * JMUM! of whom WM oalled •**' <•

orn. Thctt pcooteding. wvn known law ;' a name giren abo to Urn mode

M 'Wager of Law.'

•V_> H 1 HI MIDDl.r. AND THIUI) 1. VW.

XV.

Iii making the Middle Law, the procedure is as follows : — The person, namely, who is charged and appealed of mayhem has to make 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, — God may help them, and the holy [Gospels] .' And this proceeding shall be repeated until the number of eighteen jurors is exhausted; due can- 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 obs« as is set forth above in all matters relating to the Great Law before- mentioned.

CHAPTER XVI.

In making the Third Law, the procedure is as follows: — A \< 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 mm "f that vmue

1 Or ' virniet,' "r n- ™t

mi.

and of tln« iVain-hiM- <»f ! the name-

is shall IK

, as above stated un<i

CHM-IIK XVII.

I'.y common assent of th li slmuld be given to the two

AM mien whose Wards are nearest to the Tower of London, to the et that, upon tin third day before the Pleas of the Crown areholden, they must enter the Tower for the purpose of examining the benches in the Great Hall, to see if they are sound; and if tiny should happen to be brok

y must cause the same, at the costs and charges of th . be well

and strongly repaired. In like manner also, they must have a strong bench made in the middle of the hall, with seats for three, the same to stand in tin middle of the hall, opposite the great seat of his lordship the Kin-;; and upon this the Mayor and Barons of the City are to be seated, when making answer unto his lordship the King and his Justiciars as to PS which pertain unto the Crown.

\ V 1 1 1 .

ug that it is quite impossible for the Barons and the body of ri: 1 jjiidon to do otherwise in the Pleas of the Crown than pass through the Is i if the King and his Justiciars, it is matter of necessity that the >ns and all t vns should court their favour and good will ; by

making ample presents to them, that is to say, and to their clerks ; set that the ancestors of the Barons ami i iti/ens of London, who, in their day, so manfully and so strenuously ruled and defended the City, and and ( ustoms of London, were wont to do the same. And th« ivt'oiv, foniMiiuch as it is no dishonour or disgrace for us to follow in tin- footsteps of our ancestors who in former times shewed such tact, it can only be to our advantage to do the same as they did ; to the end that l-\ .•'••-•: -us raised by such persons the citizens may not be molested and di-turl>ed; but on the contrary, in the enjoyment of th

ics may peacefully be maintained.

< nvriiK XIX. Uould be made of the Mayor and Barons of the City, who

54 PRAISES OF TIM-. ( ITY OF 1.OM" [B. i. Pt. n.

are the presenters and finders of homicides, murders, or other misadven- tures, by common counsel [of the authorities] answer should be made to the following effect : — That although the usage of the realm is such without the City, still in London there is no presenter or finder of such matters as are before written, and this in accordance with the ancient usages and liberties of this city. For that in a city so populous as this, occurrences of such a nature can by no possibility be concealed; seeing that, before intimation thereof could be given to the bailiffs, tidings of such matters would be spread far and wide from end to end of the City. And that therefore there is no such person kept in the City, nor of u> hath been wont to be ; but the only mode of gaining such information is through the common people of the City.1

2Among the noble cities of the world which fame has rendered illus- trious, the City of London is the one principal seat of the realm of England which diffuses far and wide the celebrity of its name. It is happy in the salubrity of its climate, in the enjoyment of the Christian religion, in its liberties so well deserved, and in its foundation at a most ancient date. Indeed, according to the testimony of the chronicles, it is much older than the City of Rome ; for, springing from the same more ancient Trojans, London was founded by 3Brut, in imitation of great Troy, before the foundation of Rome by Remus and Romulus ; whence it is that, even to this day, it possesses the liberties, rights, and customs of that ancient city Troy, and enjoys, its institutions. For it has its senatorial rank as well as its minor magistracies ; it has also its annual Sheriffs as a substitute for Consuls. All persons too that come here, of whatever con- dition they may be, whether freemen or serfs, obtain a refuge here, as well as protection and liberty. Nearly all the bishops, abbots, and nobles of England are citizens, as it were, and denizens of this city, having here celebrated mansions of their own.

These and very many other noteworthy particulars in reference to the most noble City of London, are set forth in folios 98 and 99 of an ancient

1 " These matters are entered in the Book mencing lines are an adaptation fr..m I called 'Ordinances of the Her."' Marginal Stephen's di

Note in a later hand. This book is still pro- Henry II.

served at GuildhalL 8 The story of Brut, and th- f.inn.l.tti-.n by

2 The whole of this passage, down to him of Loml i«-y of ' Horn/ is written in a later hand. The com- Monmouth.

»HE>H Ql PROPOSED M THI HER. 55

book, intituled the ' JBook of Records' of the said city; as also in folio 93 of a book belonging to the said city, intituled ' Xpeculum,' and in folio t the book intituled ' Horn/

QUESTIONS PROPOSED AT THB ITER. FO!.I»A.

Questions put to the citizens of London at the Totcer on the occasion of the

7 Henry, in the fifth year of his reign, before Hubert de K and his associates, etc. ; as also the- Answers of the citizens thereto. The same are also enrolled in the Her of King Henry at the Tower, before the same Hubert, etc., in the fifteenth year of the said King Henry.

Question I. Archbishops, Bishops, Earls, and Barons, and others who hold rents in London arising from tenements of any kind, — in case they cannot obtain their rents, how are they to recover such rents F

Answer. It is answered and allowed, that if anything can be found upon the land held in fee by means whereof distraint may be made, the same may be distrained for such arrears. But if not, the tenant must be im- pleaded in sOavelet by a certain writ of services and customs, so that, in case the tenant acknowledges such 4service, he must make satisfact

liwith. But if he deny such st i 10 demandant will have to

name his suit, or, in other words, two witnesses ; such names to be duly

. and [the demandant] Ho have a day for producing them at the

next Hustings. Upon which day, if he produces such witnesses, and by

a proof is made that, in tln-lr sight and hearing, the demandant has received rent ; then, in such ea*e, the tenant shall l«.se his i're, and the defendant shall recover his land in demesne. But if, before this, [the truant] shall have acknowledged the service and arrears, he shall pay double such arrears, and shall give the Sheriff one hundred shillings

uay of amercement. I'M it in case [the tenant] shall not appear at the

From the wcmU«A*jt»H found. No book with Urn title » now in the

faintly interlined, »* would Mem that poMeanon of the City of London. The L

thu ui the umo work, * portion of which i* Horn u .till preeerved at Guildhall.

U.iiii.1 up with th. (;ml,lliaU Liber <*+ • A writ M to recovery of renU in the

toman**; Mother portion being contained Com up in London ; » called from

,1 UM Saxon yorW, » ymriy payment

« /.«.rentienrioe.

< Or Jttrrvr. It u povibU that Horn's * The reading i» properly 'AoAeH* •** *<* Mirror ../ J,,*,c,, may be meant* though in the printed copy no such |«Mage is to be

56 LTOOBNBYI \M> HHtm M -mi RUHIHGS. LB. i. n. «..

Hustings upon the third summons, then the fee shall be delivered to the demandant, to be held by him for a year and a day ; within which time, if the tenant shall come to him and shall offer to satisfy him in double the arrears, and to pay one hundred shillings to the Sheriff1, in such case he shall recover his land. But if not, after the year and day expired, the land shall remain in demesne unto the lord, so making claim, for ever : and in such case, the land is called ' lforsshard; ' because for subtraction of service it is to remain unto the lord in demesne for ever.

In the same way it shall be, in cases where [the tenant] acknowledges arrears of service and is unable to make satisfaction as to the same.

Question II. How is an attorney to be admitted at the 2Hustings ?

Answer. It should be known, that if any foreigner, dwelling without the City, holds lands within the City, and is impleaded as to his tenement by writ of his lordship the King, he may rightfully appoint his attorney by writ of his lordship the King; and he shall be admitted. But in case any foreigner shall wish to implead one of the citizens, he may not appoint his attorney in any way ; for in such case it would be in his power, whether justly or unjustly, to annoy any citizen he might please, and to molest them one and all.

Question III. 4As to making essoins at the Hustings. — How comes it to be the usage, that if a person demands the warranty of the essoiner, and the employer of such essoiner makes the warranty, such employer shall have another day for making answer at the end of a fortnight ?

Answer. It should be known, that it is provided and granted, that in case a demandant demands the warranty of the essoiner, and it is a tenant who makes such warranty, he shall immediately make answer in a plea of land. So too shall it be in the Court of the 5Sokes.

6 Question. — As to Sokereves appointed by the Archbishops and others

1 More generally written 'forsdioC or '/<>/•«• * Places in the City of independent juris-

ctofe,' old English for 'foreclosed.' diction. The Sokereve* were the rent

• The ancient City Court so call. ,1. lectors of the superior lords.

8 7. e. a person not a citizen. ' The text of Liber All/us at thi* i»'int is

4 The reading here is evidently corrupt ; most corrupt ; and that of tin /,//«/• .17

and that in the Liber .' ./////, at rnn>ln,-utn at < iuildhall (fun/: K«l\v. II.), folios

fiuildhall, though of earlier date, is apparently 32 and 127, has U-t n \

worse. The passage is difficult of interpreta- two copies in that volume. tion.

TlltM .11 I IN I (.1 I

who hold Sokes in London — if they may plead? and where ought tht •;. plead in case their rente are in arrear, seeing that they are presented at tin.- Hustings by their lords, and are admitted to the custody of the Soke 1>\ tin Hustings, and for the purpose of collecting their rente?

Anttcer. In answer to which, it should be known, that they may right- fully make their Sokereves tlu-ir attorneys at the Hustings ; and there, at such Hustings, they ought to plead, as is before stated, by writ of c'let. And it should be further known, that no plea of Ga\< 1, t ought to be held so long as anything may be found upon the fee whereby distraint may be made to suffice for the arrears of such n-nt-sci".

Question IV. If a Writ of Right of his lordship the King should come into such Court as to any land, and the tenant make default, how shall he be distrained to answer as to the land and such default? by taking the land into the hand of the lord of the fee, or by placing it in the hand of the demandant, or in what <>tht r way ?

Answer. It is answered and allowed, that although, on default made on the first day of holding the plea, it is [not] the usage to place the land in the hands ot mandant, — as indeed that would be unjust, at the

first default, — yet after three summonses the land shall be taken into the hand of the lord of the fee ; and such land shall remain in his hand until t hf next Court held at the end of a fortnight, care being taken that the tenant is summoned to appear at such Court to make answer as to such i ult and the original plea. Upon which day, if he shall not appear, seisin of the said land shall be awarded to the demandant by reason of (Limit. Hut it he shall appear, and shall at the hour appointed, giving due security, demand his land, then judgment shall be given thereon in the same Cou

Question V. If a demandant shall complain of miscarriage [of ju> in a 'Court, enquiry is made, how shall he prove the same P

Answer. To this it is answered and allowed, that if any one shall come to the Court of Hustings, and shall make complaint of a miscarriage

Ifcutefth . .,.,; ... i 9«fc .t Magd -...!....., ml ;.:,.-..;

58 I'KVTI. g OF THE SOK1 <. [B. i. I't. u.

of justice in any Court, such person, accompanied by a Serjeant of the City, shall be sent back to the Court in which such plea was tried. And it' lu« ran there prove by the oath of two men, who can aver that they themselves have heard and seen that in such Court there has been, as against him, a miscarriage of justice, in such case the tenant shall be summoned to appear at the next Hustings ; and there the said plea shall be held.

Question VI. After proof of such miscarriage in a Court, is the truant at liberty to return to the Court from which he has so come, or not ?

Answer. It is answered and agreed, that he may not ; for that, if such were the case, no plea could be determined either in the Hustings or in such Court.

Question VII. Enquiry is made, if the *lord may waive his Court so as not to entertain a certain suit, and then again entertain such suit ?

Answer. Answer is made, that he may not ; for that, if he were at liberty to do so, it would thence follow that when a given suit was set down for judgment in any Court and carried on to the end, at the moment when the demandant ought of right to recover the land which he de- mands, the lord of the Court might maliciously waive his Court ; so that the tenant would gain a remission thereby, and the demandant would have to begin his suit afresh.

Question VIII. May the bailiff of a 2lord hold pleas without his lord?

Ansicer. It is answered and allowed, that he clearly may ; for if such bailiff shall not act according to justice, the demandant shall be fully at liberty to prove such miscarriage and to come to the Hustings, as before. And besides, it is the lord's Court that is to do justice, and not the lord.

As to proof of miscarriage in such a Court : — It is answered and allowed, that if a person comes to the Hustings and complains of a miscarriage of justice, he shall be sent back to the Court in which he so appeared. And if he can prove by two men, who have heard and seen, before a serjeant of the City sent for the purpose, that in such Court there has i against

1 Of a Soko or place of separate jurisdiction. <n

i 1 Y.

him, a mi-carriage of ju hall he held in the Hustings,

and there tl shall be sunimoi;

ton IX. y «,f the < rniine the plaints of

-ons passing through tl.> ho cannot mak<- an\ -ueh

•us, that is to say, as a: i ' -pepoudrous,' as to debts due or in-

juries dene to them? or n 'he sitting of th> _rs?

I is answered, that of usage - as are not holden out

of the Court of Hustings. But it is further provided and agreed, t in future tl, and Sheriffs, assisted by two or three Aldermen, shall

hear sueh plaint*, and tliat immediately, from day to day, if the Court shall not be sitting on such day : and justice shall be done therein without .y, irropeetive of tl:< i^S.

Question X. If a person demands land or claims a right against a man and his wife, how many 3essoins may they have, 1 1 aimer a : ' o essoin themselves ?

Answer. It is answered, that a man and his wife shall have jointly three summonses and three essoins. In such manner, that is, that if the husband once essoins himself, she must appear ; and then afterwards, if she essoins herself, he must appear. And the third time, whichever of the two shall think proper so to do, is at liberty to essoin ; alt h essoin,

both 11 must appear together and make answer. ise they will

*lost -use. For they can have hut three essoins, either jointly or

; illy, just as they may please.

XI. If a man and his wife make demand against a person,

tenant to essoin himself as against them, by one sessoi or h\

It is ansu it he may do so by one essoincr o;

<>• ' , XII. If a wi.loxv has her 'free-lxneh, and the huil.lin-s

1 / .'. the Sheriff*, who were so called at ' * and

an i-.ii!\ {'< i I'M I. not * jtr(ftlicnnt : see Lrtotr JftmontttnomiHi

•'. <butr/ool ; from wh ucx.nl- ff. 34, 129.

to some, our * < * An agent or attorney, whoee sole bonnen

i later period ;*>;»»• v* to proffer e»ouu for defendant*, and

< were confined solely to Fair*. to mtpport them before the Court

1 Excuse* for non-attendance, ihniiieil ad- •Mbit tn a Cow* of L»«.

60

WIDOWS i I;KK-I;I:N( ii. [B. i. rt.

become ruinous, who ought to repair or maintain them, the heir or the widow ?

Answer. It is ans\vered, that when a woman has her free-bench and receives a building in good repair, she shall maintain it in tin sumo condition, so that through default on the widow's part it may not fall down. But if an old building at the death of her husband is on the point of falling down, in such case the heir, if he have the means of repairing it, shall maintain it, and after that, the mistress. And if, after the husband's death, there shall be many buildings held in free-bench, and the wife of the deceased shall be unable or unwilling to maintain them all, such as she shall be willing to maintain, let her retain, and so maintain. And as to those which she shall decline to maintain, she is to surrender them to the heir, saving always to such woman right of ingress and egress thereunto ; and the same to the heir as to the buildings which she shall retain. Provided always, that where heirs make grievous complaints as to the disrepair of buildings, the widow may make her plaint in full Hustings, and thereupon lawful men shall be sent by the Mayor and Sheriffs to such buildings, neighbours and others, who shall view the disrepair of such houses : and if they shall see that the 2heirs, according to their view, have justly made complaint, then a reasonable day shall be given to the woman for repairing that which requires repair. But if by that day she shall not have done so, let justice be done therein.

But if it shall be considered by the lawful men aforesaid that the heirs have unjustly made complaint, the Sheriffs shall do justice therein.

Question XIII. What is the ' Old Judgment/ and what is the process for obtaining this Old Judgment ?

Answer. It is answered, that the process of ' Old Judgment ' is issued on the first day, as to medleys without bloodshed and petty debts. The usage as to which is, that the persons accused are not wont to be attached, unless found in the middle of the street and in the highway ; but not in houses or under penthouses. It is provided however and allowed, that persons so accused, if they are found in a Soke of his lordship the King a ft IT summons made upon them, may, by award 8there made, be seized and

1 The wonl • mnlitnue1 hardly seems to imply • This word i in the singular.

4 maliciously ' in this case. 3 In the Court of M,

D\N r, i

Court, to make answer as to the sa:

it' Midi persons are found in other Sokes, requisition may he made of tli< 11 of such Soke as to whether he is willing to produee the

accused at ti • • ; und if not, then such parties shall be compelled

[to make answer], as in other places.

fan X I \ often, and for how many days, may judgments be

« y are deliv» :

rer. To this it is answered, that they may be respited three times only, unless for some reasonable cause.

Qurxfion XV. If persons are summoned by the Bailiffs of the City, to hear a precept of his lordship the King or to transact the business of tin- City by holding Common Council, and do not attend or shew sufficient cause for their absence, ought the business to remain unfinished by reason of the ;ult of such persons ? or are they to have some punishment inflicted, by way of amercement or in some other manner ? And if they are to be amerced, what ought such amercement to be, and how large?

An«icer. To this it is answered, that the business shall not remain unfinished for the default of three, four, five, or six Aldermen or others ; but, on the con H shall bo completed by those who are present

Hut no one shall be amerced for such default ; though they may not with- draw themselves except for some reasonable cause.

XVI. May a tenant who holds land of another so obstruct the ingress thereto that the owner of the fee cannot make entry to his to distrain upon the same i-n the me to him, if necessary P

Answer. To this it is answered, that ho may n« f It anyone shall complain of such obstruction, he shall have ingress given to him by judg- ment, or else sufficient seeurity shall be found hin dering unto him

his service at the tim. due.

Question XVII. What is the course of law where a person claims a right in land which a woman holds in dower? Is she herself to be

ty Court * /. f. rent ; otherwise called 'rent-tern

•.I'ahailiff.

62 ESTOH'KI. OF KIClir IN A MARRIT'.M WOMAN. [B. i. Pt. n.

impleadcd and then to ] vouch the heir of her lord to warranty, or oiiijht the heir to be impleaded, she herself being neither summoned nor named in the .writ ?

Answer. To this it is answered, that the writ ought to issue as against the woman, and then she must vouch the heir to warranty. And if tin heir shall be of age when so vouched to warranty, he shall answer. But if he shall be under age, then the suit shall stand over until such heir shall have come of age. If however the woman shall maliciously choose of her own accord to make answer without the heir, and be convicted tli upon, she shall lose the land so demanded ; and the same shall be delivered to the heir, and such heir shall answer of right upon the same writ.

Question XVIII. If a man, with his wife, demands land in right of such wife, in the Hustings or in some other Court in the City, and the suit is brought to a conclusion by judgment or by arrangement made, may such woman, after her husband's death, be reinstated in her plea ?

Answer. To this it is answered and allowed, that that which by judg- ment given a husband and his wife shall lose, the wife shall never recover by plea after the decease of her husband. But if any arrangement shall be proposed between them in the Court of Hustings, enquiry ought to be made of the woman in full Hustings whether she will agree to such arrangement or not. And if she does agree to it, she shall never recover. But if she shall decline such arrangement, then no such arrangement shall be entered into as between her and the 2other party, and it shall be binding during her husband's life ; and after her husband's death she shall have such recovery as she [rightfully] ought to have. In other Courts however within the City there is no record kept of such suits, but only in the Hustings,

Here begin the Heads of the Pleas of the City of London

at tJie Tower, in the eight-and-twenticth year of King 7/< ///•// aforesaid.

I. Of essoins of the death of a man, and of the servants of the Barons of the City before mentioned ....... [67].

1 /. f. call upon. mand.int ;' luit, as staU-<l ;i' tin-

2 In the original it is 'pdentcm,' 'the de- woiiia . man-hint.

HEADS OF PI.l \s U't]i>]\ \i ^'KH. Q^

II. Of the manner in wlmh the Justiciary ou^-Iit to begin to hold r Picas [68].

I 1 1. That Heads of Arti uning unto the Crown of his lordship King should be d- unto the < -tc. . . . [68].

IV. The Heads of Articles * . . . [69]. V. Answer of the Barons to tin- Heads of Art id* s uf,,iv>ai<l [71].

VI. Of former Pleas of the Crown

VII. Of the answers that were made Sheriffs of the tenth year

of Kin- ll.-nry [72].

VIII. Of examination on homicide conceded to tl. iars [72],

IX. Of wines seized in the King's behalf .... [73].

X. Of an appeal of rape committed on a woman . . [74].

XI. Of a man who was found slain at the door of a certain priest in

the Soke of Comhulle [75].

Matters of the ^ticelflh year considered in the said I

XII. Of a certain man who fled to the church of Suthworko, and 10 abjured the realm before the Chamberlain and Sheriffs of Lon- don . . [76].

XIII. Of a certain man who was wounded at Douegato . [76]. XI V. < ry of the chattels of felons ....

Of the thirteenth year.

V. Of non-attachment of men who are not in the City . [7S\

XVI. Qf i IM.V \\ ho was drowned while watering two horses,

tig dragged into the water bj one of them .... ["*.'•

XV II. of wager of law upon the death of a man . , . [79].

\\III. That no one may be in the City for [more than] three night*

together out of frankpledge [><•'.

X IX. Of a certain woman who was beaten [to death] . . [s" ' XX. Of wager of law with seven compurgators in a case of

[81].

XXI. O ho law . . [81].

XXII. Of naming the day [for trial] . [81].

1 /. '. That had oocurn-»l in the 12th yt*r of Hcnrv 111

04 HKVDS <)F 1'I.KA" H<>I.1»I\ \1 '1 I IF. ToNVF.i:. 1't. n.

Of the fifteenth year.

XXIII. Of escapes of felons from churches . . .

XXIV. Of the answer made by John de Coudres as to lite and limb, and the liberties of the City ....... [83].

XXV. That a youth under age shall not be made amenable t«> judgment . . ..... [83].

XXVI. Of the term of forty days given for answer to an ap- peal [S4J

Matters of the eighteenth year considered in the said Iter.

XXVII. That the Constable of the Tower of London and the Sheriffs, with the Aldermen, may receive abjuration of the realm, though the Chamberlain be absent ........

Of the nineteenth year. XXVIII. Of wines sold contrary to the Assize . . . [85].

Of the t wen firth year.

XXIX. Of a horse which, by an act of folly on part of a certain man, caused the death of a boy ...... [86].

Of the one-and-ticentieth year. XXX. Of an appeal for abortion caused .... [86].

Of the tico-and-ticentic/h year.

XXXI. Of Inquisition made by the Constable of the Tower as to the death of Jews ........ [87].

Of the three-and-ticentieth year. XXXII. Of amercement of a frankpledge . . . [88].

Of the four-and-ticentieth year.

XXXIII. Of Inquisition held upon the death of a person, slain by one unknown, who took to flight, and it is not known what became of him .... . [88].

LDfl Of i'l F \- HOI TOWER.

XXXIV. Of one irho •] be realm . . . [MI .

XXXV. asing women on bail by sureties until the I tor of the

Justiciars, for felony committed by their suggestion, counsel, and assent,

as it is asserted [89].

XXXVI. Of neglect of custody of those who have fled to the Foi. 27 A. Church [89].

Of the Jice-and-twentieth yen

XXXVII. Of wager of law with two-and-forty men, in the case of

strangers, for homicide within the City ..... [90].

XXXVIII. Of a certain person who remained upon the spot after he

had mortally wounded his wife, and was not attached . . [91].

XXXIX. That the Chamberlain of the City keeps a record [91].

XL. That wager of law for homicide must be made on the morrow

after electing such law [92].

Of the six-and-ttcentieth year.

XLI. Of amercement of the Sheriffs because they did not make Inquisition in the place where the man was wounded, but only where he found dead [93].

Of the 8even-fin</-(tcrnticth year.

XLII. Of a person drowned in the Thames, who fell by accident from

a boat [94].

XLIII. That strangers ought to be acquitted of homicide, by two- and-forty men; and of wager of the Great Law for a man free of

the City , [94].

XLIV. Of an appeal of abduction of a minor under age and in guardianship, who was carried off and imprisoned, and died in prison [D-V.

>XLV. That wager of buttle does not lie between two persons who are free of the City, unless they both consent thereto . . [97].

\ I . V I. Of one who was attached by sureties until the holding of the Pleaa of the Crown, the accuser dying in the meantime . [97 J.

1 At this point, to all Appearance, the record* mattere of a miscellaneous nature are entered

•Itiii it,, ,.! th, -JM!, 11.1, > in MM . nd >-••>.

6G m \l>- (M AI;I i, i i -. 1: t. rt. ii.

XL VII. Of Pleas of the Crown in the City of London . . [98] .

XL VI II. That no one shall be put upon trial by the Great Law

except for the death of a man [99].

XLIX. That a person accused in Pleas of the Crown may del'i-nd

himself as against the King with six compurgators . . . [100].

L. That the Sheriffs must hold Inquisition as to the deaths of

persons within the City . . [100],

LI. That a person accused of homicide ought not to be attached,

unless the accuser finds sureties to prosecute .... [100].

LII. The ancient custom of bail by sureties . . . [101].

LIII. Of death of the accused before the holding of the Pleas of the

Crown [101].

LIV. Of outlawry of the accused at the Folkmote, at suit of the

accusers ; and not otherwise, unless by consent of the Justiciars [101] .

LV. That the Sheriff must put disseisors upon good sureties, who

have disseised a person without judgment given . . . [101].

LYI. Of the Assize established in the realm by his lordship the

King as to recognizance of Novel Disseisin . . . . [101].

LVII. Of robbery and breach of the peace . . . [102].

LVIII. Of suretyship for a person in a cause which pertains unto the

Crown [102].

LIX. Of a certain man who slew his wife . . . [103], LX. That no one of a liberty out of the jurisdiction hold a Court

with less than twelve freemen [103].

LXI. Of the answer [to be made] to a certain question [touching

the liberties of the City] [103].

LXII. Of Articles touching his lordship the King, to be mentioned at the I ter of the Justiciars ....... [104].

LXIII. Of holding the Folkmotes .... [105].

LXIV. Of distresses made by the Sheriffs . . . [106].

LXV. Of admitting claims on proof of testaments . . [107].

LXVI. Of due execution made by the bailiff when he has

Fol. 27 B.

made sequestration on a person, and such person allows the

sequestration to be made, but refuses to be amenable to justice [107].

LXVII. That no one who removes and withdraws his goods shall enjoy

free summons to plead ........ [107].

MTiliHiMi OP ESflOnfS AT THE ITER. 67

I . X V 1 1 1 . That appraisers of pledges in the Court of the Mayor or of the SI M riffs shall have them at the price assessed, unless the demandant -hall choose to take them ....... [108].

LXIX. A certain ordinance as to the keys of Newgate and the Cocket ........ ... [108].

LXX. The verdict of the Aldermen as to the testament of Osbert de Suffolk .......... [108].

LXX I. Of a certain writ sent to the prelates of the Province of

Canterbury, to be treated of in the Council of that Province . [109].

LXXTL Of matters to be treated of in such Council as to the

Templars .......... [110].

LXXIII. Of matters to be treated of in the said Council for the good of the realm and of the Church ....... [HI]-

LXXIY. Of the answer made to the Articles as to the Templars [112].

LXX.V. Of the answer made to the Articles as to the public

good ...... [112].

LXXVI. The Charter of King Edward, son of King Edward, to the Friars Preachers ....... . [113].

Pleas of the City of London holden at the Tower of London, a fortnight after Easter Day in the eight-and-ticentieth year of the reign of King Ifenry, son of King John.

CHAPTER I. Of essoins of the death of a man.

Before William de York, Provost of Beverley, Jeremiah de Caxtone, and Henry de Bath. And it should be known, that during the eighteen yean previously expired there had been no Pleas holden of the City of London.

It should also be known, that whereas 1es8oins of the death of a man used to be received during three days before the Justiciors began to hold the Pleas, on the present occasion such cssoins were not admitted ; and thi* was by the determination of such Justiciars. It should also be known, that it was conceded unto the 'Barons of London that, so soon* as they should begin to plead, they should have their own porter without the gate «»f the Tower of London ; and the porter of his lordship th< King was to

excttMt made for the non-attend- * The Aldermen, a« abo probably the ance of a defendant, by reaaon of hi* death. other teaanto in otptfc in th«

F 2

68 mi • : i> i in i ; : [B. i. pt.

be within such gate. And in like manner, they were to him* tlu-ir own 1 usher without the door of tin- hnl! \vhnv they \v«/iv to plead, for thr purpose of introducing the Barons and others of the City who should h to plead, and of whom he should have knowledge ; and the usher of his lordship the King was to be within the hall. And also, they were to have their own 2 Serjeants, with their wands ; and no serjeant, on part of his lordship the King, was in any way to interfere before the Justiciars, in so far as the office of serjeant was concerned.

CHAPTER II. \0f the manner in which the Justiciars ought to begin to hold

their Pleas.']

Question. In the first place, enquiry was made of the Mayor, Cham- berlain, Sheriffs, and other dignitaries of the City, how ought the Justiciars to begin to hold their Pleas ?

Answer. Whose answer was, that in the first place Heads of those Articles ought to be delivered, as to which it would be their duty to make answer, in reference to Pleas pertaining unto the Crown of his lordship the King.

CHAPTER III. \That Heads of Articles pertaining unto the Crown should be delivered unto the Mayor.]

Question. After this, enquiry was made of them, to whom ought such Heads of Articles to be delivered ? and ought those to whom they should be delivered, to make oath as to speaking the truth upon the Articles bearing reference to such Heads or not ?

Answer. "Whose answer 8was, that such Heads of Articles ought to be delivered unto the Mayor, without such Mayor making any oath thereon : and that such Mayor, with the counsel of the older, lawful, and discreet men of the City, will make answer unto such of the aforesaid Heads as concern the City ; and the Sheriffs, in like manner, unto such Heads as concern their own time [of office] ; due care being taken that, in vi of the allegiance by which they are bound unto his lordship the King, and

1 So called from such duty ; and from the extracts from the original records, the present

old Fr. huy*, a door. and past tenses are used indiscriminately ; but,

/. e. servants or inferior officers. f»r the sake of •>, in this translation

3 In the Latin, which evidently consists of the past tense is always adopted.

KBADfl

•v \\\i it'll they lia\ tru;! ujgj.

. yor who shall make answer for , shall answer satisfactorily

all persons of the community shall so 1 of sm-h an-\

go ; if he shall answ. :id be convicted

thereupon, OK -hall he at fault in any m:» hin^ tlie communii

tli« City, th.-n the whole of the community for whom he so makes an> shall [in like | .ult.

i tlie Mayor and all the men of the City averred, that such wa usage before the ]war, as well in the time of Kin^ John and Ki as in the time of King Henry, th.-ir tatli. r. And tic reupon, the Heads of d unto the Mayor, in form as follows : —

Ci i V . [ The Heads of Articles so delivered.]

of tlir (>•»•.• !i have been formerly holdm :

•ciars of his lordship the King, and have not been determined.

Pleas of the Crown which have since arisen, in time of peace. Of those who a : ;vy of his lordshij ig,

11 any sum. Of debts that were due unto his lordship King John, father of his lord-

• ur. dun; such di

i who w. :s, and \v' now] dead; and [if so]

in or in possession of their goods.

Of thoH< Inn the liluTtii s <»f the City, have maliciously levelled or

lui rut the houses of any persons, against the p<

Who such persons are, and to whom su< h houses belonged, and wl . have n. he persons so guilty, Vave of his lord-

ig.

li liirth and of <1 who oupht •

in the wardship of his lordship the Kin_ir. f ^ame have been

•married, or are marriageabl* >uve been married, to whom,

and by whom, and what is the val nds.

Baroiu. U- to an arbitrary fine, or amerce to considerable emolument* on

70 HEADS OF ARTICLES DELIVERED. IB ' Pt- >'

Of 'serjeanties of his lordship the King ; what they are, and who holds the same, and through whom, and of what nature such serjeanties are, and what is thq, value thereof.

Of churches which are, and which ought to be, in the gift of his lordship the King; and which are such churches, and who holds them, and through whom.

Of ^escheats of the Jews, arising from tenements held as well by Jews as by Christians ; and who now holds such tenements, and through whom, and by what service, and what is the value thereof.

Of 3purprestures made upon his lordship the King, by land or by water, either within the liberties [of the City] or elsewhere, wherever they may be.

Of measures made statutable and sworn throughout the realm, whether the same have been observed in manner provided. And whether the wardens of such measures have in time of peace taken reward of any one, that so by 'Hhem he might buy or sell ; and this is to be understood of all measures, of ell-measures as well as weights. And whether the assize as to the breadth of cloth has been observed in manner provided.

Of wines sold contrary to the assize.

Of treasures-trove.

Of Sheriffs and other Bailiffs who have held Pleas of the Crown, and what those pleas were.

Of Christian usurers who have died, who they were, and what chattels they had.

Of chattels withheld belonging to merchants subjects of the King of France, who holds the same.

Of chattels of Jews who have been slain, and of their securities, and deeds, and debts, who holds the same.

Of forgers and clippers of the coin.

Of the Mint and Exchange of his lordship the King ; namely, who has made exchanges without [leave of] his lordship the King or of his bailiffs.

Of malefactors and burglars, and of those who have harboured them in time of peace.

Of fugitives, whether any one has returned since his flight without

1 Tenures by services of various kinds, due * Encroachments and unauthorized appro- to the King as superior lord. priations.

2 Forfeitures of lands and tenements in ' / < . the measures, after being purposely certain cases. falsified.

urn n MAD KTO. 71

warrant for so doing ; and of outlaws and their chattels, who holds the

Of rewards taken for not laying hands upon corn and other cha lest the same might be taken on account of the [Bang's] bailiffs, for the use of the [King's] castles, for a less price than their value ; and in like manner as to Arises.

Of new customs that have been levied in the City, whether by land or by water ; who has levied the same, and where.

Of defaults made ; by those namely who have been summoned before the iciars of his lordship the King, and have not appeared.

Of gaol-deliveries that have been made without warrant of his lord- ship the King or of his Justiciars, in time of peace.

Of persons imprisoned at the will of bailiffs and without reasonable cause, and who have been liberated without warrant.

Of escape of robbers.

Of Christian usurers still living, who they are, and what chattels they have, and what is the value thereof.

Of damages committed, and prises levied, upon strangers ; by whom this has been done, and when, and where, and in whose demesne, and of what tilings.

CHAPTER V. The Anwer of the Barons of the City thereto. 2And be it known, that if it can be proved that such was

A I ' ' ' *

usage in the times of the Kings aforesaid, all the Barons shall be liable to amercement by his lordship the King.

And thus were the Heads of Articles delivered, and they were to make answer on the third day thereafter as to the Articles that bore reference to the Heads aforesaid. On the third day they appeared, and made answer. And hereupon appeared Simon Fitz-Mary, and made offer unto his lordship the King of one hundred marks, that so City might be

holden and pleaded in manner as they were pleaded in the times of King Richard and King John. And [thereupon] they were admitted [to plead],

of wines or victuals in the King's reference to the

nAine. of tl

* This passage belongs properly to the liable to amerces heads of Articles above rented. It bears

72 KEft PLKAfl OP THE < (B. i.rt.n.

and he placed all his goods in pledge for due pay in out of such hundred marks.

Afterwards appeared the Mayor, and as to former Pleas of the Crown hi» said, in manner set forth below.

CHAPTER VI. Of former Pleas of the Crown.

As to former Pleas of the Crown [the Mayor and Aldermen] said, that it was the usage for the Justiciars to make for them a copy of the rolls of the preceding Iter, that so by inspection of such rolls they might be able to be certified as to such former Pleas ; a thing that [now] was wholly denied them, as being contrary to law. And the Mayor said, that in such case he knew not how to make answer, and that such former Pleas of the Crown were holden before other Justiciars,1 and were not determined, — as will be set forth below. Accordingly, judgment was given thereon against the Mayor and Barons. Also, it should be known, that the Mayor and Aldermen of the City make answer as to all Articles concerning the Crown of his lordship the King, new pleas excepted ; as to which the Chamberlain and Sheriffs have to make answer, as will be set forth hereafter.

CHAPTER VII. Answers made by [former'] Sheriffs.

In the tenth year of the reign of King Henry, son of King John, the Pleas were ended about the Feast of Saint George [23 April] : and al'u-r that time, Martin Fitz- William and Roger le Due were Sheriffs for half a year ; and before such time they were Sheriffs for a year and a half, and as to that time they made answer before the Justiciars. And now appeared William Fitz-Roger and John Viel, and made answer for such Sheriffs, who had since died; and John la Persone made answer for Thomas Blunville, who was then Chamberlain and had since died.

CHAPTER VIII. Allegation made Jiereupon by the Mayor and Barons, that the Justiciars ought not to examine any one as to the death of a person, hut only the Chamberlains and Sheriffs. But afterwards they conc< <l< </ that the Justiciars should make such examination.

In the same year, the same persons being Chamberlain and SI u riffs, 1 The whole of this passage seems to be in a mutilated .-•

\M\: 73

a certain man, Turmk l>v name, was found dead in the house of Henry Bisshop. And because it was : n, nor could it be asci i -tain<-d through

Inquisition that was mad i- l»y the Chamberlain and Sheriffs, win •

h person had died by misadventure or l>\ Bisshop and

Roger de Aungre, a neighbour, being Attached for that death, appeared ; and

it was the wish of the Justiciars to examine them in private as to such death.

the Mayor and Barons said, that examination as to the death of a man

> not belong to them, but only to the Chamberlains and t iffe;

nor would tiny permit any such examination to be made. Therefore

conference was to be held [by the Justiciars] thereupon. Also, 2Payen le

Dubbour, one of the neighbours, was attached for that death. Hr did not

appear, and he had been attached on the bail of Henry le Paumer and

Richard de Coudres. Therefore they were to be amerced.

iis, Pay en appeared, and afterwards appeared the Mayor and

citizens of London; and they fully conceded that in future the Justiciars

might hold such ln<iuisitions at their own will, notwithstanding any

had been made by the Chamberlain and Sheriffs. And the

accused were examined, and they were not held in suspicion in any way,

nor yet any one else. Judgment, — ' Misad ' But, upon examination

MIII. it was proved that * :hree men lying in bed with him

•i he died, and that the Chamberlain and Sheriffs did not attach those

tore [those officials] were 8amerced.

CHAPTER IX. Of wines seined in the King's belm

In til-- same year, it happened that, upon cry raised by the u'hbours, a tun of wine was found in the cellar of Simon

:•»• many tuns of wine had been sold against the assize. And upon si; :lu- Chamberlain and Sheriffs seized the said tun into

hand of his L.nKhip the King, and sold it for forty shillings to his use ; for which sum t its made answer.

1 Person* attached on suspicion were in • A surname meaning ' the Dubber,* a fur-

^'••nrnil .ill"\\- «1 t" _•• .it l.ir-i . in tli-- mt«-i\,il l.i-li.-t up ,.\ oldolotihaA

trial, n]H,n surety or bail. On com* J In the persona of their representative*,

mission of a murder by a person unknown, mentioned in the pM**»«iiw Chapter.

u< the usage to attach all the neigh- \, rer-at-home ;* s surname evi- hours, aa A matter of courst-.

74 Am \i. OF iv \i [B- i.rt. n.

O/" /A0 remainder of the tenth year [of King Henry III.]

Be it known, that on the morrow of the Translation of Saint Thomas the Martyr [7 July] when Thomas de Blunville was Chamberlain, Martin Fitz- William and Roger le Due resigned their office, and Henry Fitz-Anchere was made Chamberlain ; who had since died, and his son Richard answered for him. And Stephen Bukerel was then made Sheriff, who now appeared ; and in like manner Henry de Gotham was made Sheriff, who did not appear ; and he was still living, but no one made answer for him, as above stated.

And Richard and Stephen made answer for their time [of office] as follows. —

CHAPTER X. Of an l appeal of rape.

They said, that upon the Feast of Saint Ethelburga [11 October] Emma, the daughter of Walter de Coggeshale, appealed Gregory, the son of Master Gregory, the physician, for that he had ravished her by force and violated her. And in like manner she appealed Richard, the son of Thomas the image-maker, of aiding and abetting therein.

And Richard and Gregory now appeared, and Emma did not appear ; and she had found sureties for prosecuting her appeal, namely, Richard the baker and John de Keningtone, baker. Therefore they were -adjudged to be amerced, and Emma to be taken into custody. And after this, enquiry was made of the Mayor and citizens, whether they were aware that an understanding had been come to between them : who said, upon their oath and in virtue of the fealty in which they were bound unto his lordship the King, that they had been reconciled. Being further asked, whether they considered that Gregory was guilty of the said deed, they said that he was not guilty. They said also, that the person who was appealed of aiding and abetting had not entered into any compromise, nor was he guilty; therefore he was acquitted, and Gregory 3was orden <1 into custody. He was fined half a mark, being but a poor man, Simon Fitz- Mary and John de Coudres being his sureties.

1 /. e. a charge or accusation. * For entering into an illegal compromise,

2 For not being present to prosecute. on a charge of felony.

Hi A3 TO EXH.l.M.

CIIAPTKR XI. Of tlie shortness of the time allowed far making ^Exigent; and as to the manner of malting such Exigent.

In the same year, the same persons being Chamberlain and Sheriffs, on th«- morrow of Saint Luke the Evangelist [18 October] it happened that Amise, deacon of the church of Saint Peter on 2Cornhulle, was found slain at the door of Martin the priest, in the 3Soke of Cornhulle. Walkelin, a vicar of Saint Paul's, in London, slew him with an *anelace, and took to flight. Thereupon, Martin, John, and William, chaplains of the church of Saint Peter, and Robert, clerk of the same church, who were in the house before the door of which he was found slain, were arrested on suspicion of such death ; and were afterwards delivered to Master John de Ponte, official of the Archdeacon of London, by the aforesaid Chamberlain and