Chapter XII: Confederation (1)

THE fact that the English burghers took so impatiently the one hindrance that lay in their path to independence and supremacy is itself a proof of the habit of prosperity and success which they were accustomed to accept as part of their natural heritage in the pleasant place where their lot had fallen. How little they had at any time to reckon with opposition is obvious from the striking fact that they never found themselves compelled to form any kind of union or alliance for common purposes. Here the story of English boroughs is in vivid contrast to that of the continental towns. The powerful confederations formed in European countries by towns battling against tremendous odds to protect their commerce, liberty, and law, had no parallel among the comparatively peaceful and regular conditions of English life, where self-government was so easily attained, and where trade was so generally secure, that the necessity never arose for the creation of any such associations. Towns on the royal demesne stood in no need of any combined effort to defend their freedom; and the towns on ecclesiastical lands or feudal estates that had grievances to complain of were few, scattered, and subject to so many different lords that combination among them would have been wholly impossible. Organized common action was therefore practically unknown among the English boroughs; for the loose tie of affiliation which bound together communities of which one had adopted the charter and copied the customs of another was a bond so slight as to be scarcely recognized,[722] and implied no mutual obligations whatever. In moments of excited strife or rapid constitutional growth a borough might undoubtedly become fired by the example of a near neighbour, or catch the contagion which spread from some community more advanced in its experiments and daring in its pretensions; but these movements of sympathy, of voluntary affiliation, of emulation, never resulted in any kind of federation or alliance. For the developement of its liberties each borough was ultimately left to depend only on its own resources; while such societies as were constituted in later days in England for trading purposes took the form of federations of men not of towns.[723]

There was but one exception to this general rule, and in the Confederation of the Cinque Ports we have the single illustration in England of an association of towns created and maintained for common interests. From Seaford in Sussex to Brightlingsea in Essex ports and villages were bound together into one society. To the original group of the Five Ports—Hastings, Sandwich, Dover, Romney, and Hythe, whose alliance probably reaches back to the time when the English learned war and commerce from Danish masters—the two Ancient Towns, Winchelsea and Rye, had been added immediately after the Norman Conquest; and what with the desire of these seven to divide their burdens of taxation and war charges with the neighbouring villages, and the readiness of the villages on their side to seek admission to the Port privileges,[724] an association had in course of time been evolved consisting of seven head Ports with eight corporate and twenty-four non-corporate members,[725] all gathered under the rule of the Lord Warden. To the last they bore traces of foreign influences in the name of Jurats by which they called their “portmen,” and of Barons which they gave to their “freemen.” But amid the curious vicissitudes of their history, and the odd incidents of their ownership in times when it seemed natural and simple to grant away the very frontier defences of England to Norman counts and Breton dukes and abbots of Fécamp and monks of Canterbury,[726] and in later days after English kings had realised the advantages of themselves owning the main gates by which their country opened on the European world,[727] these communities remained firmly united under their federal government.[728] The King’s writ did not run in the Ports unless it bore the seal of the Lord Warden. Exempt by charter from serving on juries, assizes, or recognizances outside their own territory,[729] the freemen could be impleaded only in their own courts.[730] No prisoner from the Ports could be summoned by the Judges to Westminster, and in the case of an express order from the King “some demur should be made to the first mandate till it be known with certainty it is his pleasure,”[731] while on the other hand any stranger who committed a crime within their liberties might be claimed by the mayor and jurats from any lordship in the realm, even from the King himself.[732] They had even, after a fight which lasted for generations, successfully resisted all attempts to bring their local jurisdiction within the general judicial system of the kingdom, and the Justices Itinerant were shut out from crossing their boundaries or sitting at their Court of Shepway.[733] Ancient privileges were jealously guarded. “New Acts of Parliament,” they said, “ought not to alter the free customs.”[734] No deodand was given to the Crown “because it never was the custom here.”[735] If an ecclesiastical officer came from Canterbury to make an inventory of the goods of a Sandwich man who had died without a will, he was not allowed to act because it was contrary to the ancient customs and liberties of the town.[736] Their corporate dignity was officially recognized on great occasions of State, such as the coronation of a King or the consecration of an Archbishop, when the envoys of the Cinque Ports were treated with special honour and sat at the right hand table in the hall; and each of the Ports in turn sent representatives to carry the canopy over the newly-crowned King, and after the ceremony to bear it back with its silk hangings, its spears, and its silver bells, as the town’s spoils.[737]

As to the idea or principle which held this society of towns together and the purpose which it was meant to serve, the definition given by a minister of the Crown would probably have been very different from that given by a baron of the Ports. To a statesman the confederation of the Cinque Ports was organized in the interests of the whole country, and maintained as the bulwark of national safety; and the policy of West Saxon rulers, of Danish conquerors, of Norman kings, of Angevin statesmen, had all alike aimed at the increasing of its public utility. Holding their posts in the first line of defence against invasion, the Cinque Port towns were bound to keep a sufficient number of men within their walls for defence against the enemy, and watch that inhabitants were not driven away by the imposition of undue local taxes; they had to bear heavy costs for ordnance, ammunition, fortifications; to set a nightly watch in every borough and at every dangerous creek or harbour; to have armed forces ready to meet the first brunt of attack, while their citizens might expect in time of war to see their houses sacked and burned again and again. They had to provide every year fifty-seven ships and 1,197 men with provisions for the defence of the kingdom,[738] and if these were not enough in number or in size greater ones and more were required of them. If they hesitated to comply with such demands, or if they were shown not to have held firm against the invader, they were roughly reminded of the bargain on the terms of which alone all their privileges were held, and saw their charters and franchises seized into the King’s hand.[739]

This view of the organization of the Cinque Ports for the public service was visibly represented in the rule of the King’s officer, the Lord Warden of the Ports and Constable of Dover Castle. His authority the men of the Cinque Ports were never for a moment allowed to forget; and the Lieutenant of Dover or his messengers, continually riding round the Ports with message or proclamation or to “make inquisition,”[740] were everywhere helped on their way by dinners, breakfasts, pipes of wine, or a play at the public expense. From Dover came proclamations “warning us of the Danes”; ordering “that no man should quarrel with other for none old sores”; commanding “to arrest the men who came from beyond sea without leave and without billets”; or to seize ships for crossing over to Flanders; calling out vessels “to watch the sea”; or to serve the King in siege or battle during the French war; summoning men “to keep the Castle of Dover”; or decreeing the amount of benevolences to be paid to the King.[741] The subjection of the whole confederation to his rule was publicly recognized every year in the Court of Shepway, when at his summons there came from every port the mayor and a little group of jurats carrying with them the required gifts and dues, wine and swans and fish and spices to furnish breakfast for officials and suitors at the court; or costly offerings to soften the hearts of wardens and judges, and induce them on their first entering into office to look favourably on their subjects. Before them as they sat on either side of the Warden on the open plain near Lympne[742] proclamation was made as to the taxes to be raised by the confederation, the special military services required of the freemen, or the new decrees issued by the Government; and special offences against the Crown were judged. A whole community might be charged with a breach of the King’s peace,[743] or an aggrieved corporation made application that officers of the Ports should be sent to help in the arrest and punishment of some stranger who had committed a crime in their town; and prisoners from the various towns accused of coining false money, treason, or counterfeiting the King’s seal,[744] were tried, and if found guilty were forthwith tied on a sledge, drawn round the circuit of Shepway, and hanged on the spot.[745]

Nor did the authority of the Warden end at Shepway. As Constable of the Castle he had his court-martial in Dover.[746] As Admiral he could order a “quest of the Admiralty” to be held on the sea-shore, or perhaps at some one of the Ports which had offended against the laws of the confederation—a calamity which the town at once sought to avert by negociations and bribes “that he should not hold the court.” As Chancellor he issued precepts and summonses as to the services to be performed by the Ports in return for their privileges, and exercised in his court of chancery the complicated jurisdiction that gradually arose out of these records. There were moments when the King was stirred to a recollection of his sovereignty—moments when the towns had pushed independence too far, or when the treasure in the royal coffers had fallen low; then from Westminster a writ of enquiry would come as to the privileges of the Ports, delegates were summoned from the various towns to appear before the Warden, and might find themselves kept many days and nights at Dover[747] while “inquisition was made for the King.” Sometimes they were ordered to assemble on the sea-shore. Sometimes the Warden came down the steep path of the castle hill to the tiny church of S. James, set in the first little reach of level ground below the walls of the fortification, and there the jurats came up to meet him from their lodgings in the town below, and after days of discussion probably returned home with heavy news of fines to be levied for buying a new charter, or for getting the confirmation of some doubtful privilege.

In the authority of the Warden we see the view held at Westminster about the uses of the Cinque Ports and the main object of their existence. To the people on the other hand the association had another and wholly different character. So completely was all the business of the Warden’s court at Shepway looked on by the portsmen as the King’s affair, and so slight was their sense of participation in it, that they presently gave up attending it altogether, leaving the Warden at last to preside in solitary state. In course of time even the ancient site was abandoned, and instead of the annual assembly at Shepway the president only summoned an occasional court of appeal to be held at Dover,[748] and there, surrounded by a group of lawyers to advise him, sat on the chalk cliff fronting the castle to hear certain cases immediately touching the King’s interest.[749] Meanwhile the barons of the Ports had their own tradition of independence and self-government; and the popular belief as to the object and meaning of the confederation was embodied in another court which sat on the Broad Hill, near Romney—a court where the Lord Warden had no seat.[750] It was there that the whole interest of the people centred, as turning their backs on the King’s courts and leaving him to conduct through the Lord Warden the matters which were his peculiar business, they occupied themselves with the management of their own special affairs. For to the fisherman of the coast the confederation of the villages was in its origin and working simply a great trading company of the Ports for the protection of their staple business, the herring fishery, and for the preservation of their ancient customs of harbourage and sale on the strand at the mouth of the Yare—a matter which became of absorbing importance when their monopoly was threatened by the fishermen of Yarmouth, so that from the time of John onwards they could only preserve their interests by ceaseless vigilance and by costly appeals to King and Parliament, and Council.[751] In the eyes of the barons therefore the great assembly of the confederation was that which yearly met to discuss the business of the Yarmouth fair. And this was in the strictest sense a court of the people themselves, summoned only by common consent,[752] presided over by the chief magistrate of each Port in turn, and in which every town was represented by its mayor or bailiff, three elected jurats, and three commons. The sheltered harbour of Romney formed a sort of natural centre of the Ports, and the delegates met for business on the Broad Hill or Bromhille of Dymchurch close by, whence they possibly took the name of Brodhull, a name which in later days when the first site was forsaken and forgotten and the delegates met in Romney itself, became changed into “Brothyrhill” or Brotherhood.[753]

On the first day of meeting the business, as befitted an association for trading purposes which dated back to the time when the herring fishery was the staple trade of the Ports, was invariably the Yarmouth fair, and the court heard the report of the bailiffs of the last fair who stood bare-headed before them, and elected their successors who were to govern the coming fair.[754] But other interests had grown up round the assembly hill. The seafaring population, masters and mariners of trading barges, saw in the union of Ports the power which regulated the relations of seamen on either side of the Channel. To the taxpayers it was a voluntary association for the equitable adjustment of their burdens. And all the inhabitants alike recognized its importance for maintaining against lords of other franchises the privileges which had been granted them in return for their services.[755]

On the great day when the Yarmouth fair was under discussion the Court of Brotherhood sat alone; but on the following days when other work was to be done—the distribution between the various towns of the taxation[756] ordered at Shepway, the discussion of commercial relations,[757] the care of the common corporate privileges of the confederation[758]—the Court of Brotherhood was joined by the Court of Guestling, probably a descendant of the ancient Hundred Court once held in the old town of Gestlinges near the border-line of Kent and Sussex.[759] To this court each town might send the mayor, two jurats, and two commoners; so that if all the delegates came the number of the united assemblies would be seventy-seven; as a matter of fact however in the time of Henry the Sixth the business was done by about thirty members.[760] All the important affairs of the Cinque Ports practically lay in their hands, and their decisions, registered as Acts of the Brodhull by the Common Clerk of the Cinque Ports,[761] became the law of the whole confederation.

Constantly reminded of their ancient covenant and confederation by imminent perils, arduous exertions and recurring taxes, trained to habits of vigilance and mutual support, the Cinque Ports kept a jealous watch against the slightest infraction of the privileges of their united body. But there was one matter with which the confederation had nothing whatever to do. Subject to a variety of jurisdictions, some of them depending on the King, some on the Archbishop, some on a bigger neighbouring town, the special liberties of each borough had been developed under very different conditions; and the whole association took no heed of the defence of the liberties of any single Port against its lord, or the enlargement of the privileges of any one member of their society as apart from the whole.[762] The corporate existence of the united Cinque Ports was a thing altogether apart from the corporate existence of each town within it; and indeed combination for any purpose of securing local liberties would have been out of the question in a confederacy where a certain outward uniformity was but the screen of endless diversity, and towns bound together by special duties and privileges were widely separated from one another in all the conditions of government.[763] This is very evident if we compare the situation of Sandwich and Romney—much more so if we consider the position of any of the subordinate members of the Ports.

I. For many centuries Sandwich belonged to the monks of Christ Church, Canterbury, and so long as it was a humble little port powerful kings like Eadgar, Cnut, Henry the First, and Henry the Second had been content to have it so, and with indifferent acquiescence confirmed the monastic rights over the town. But when in the course of time Sandwich became the port through which almost the whole of the continental trade with England passed, when its commerce and revenue increased till it stood far before Dover in importance,[764] when it was the chief harbour from which monarchs or their ambassadors set sail for France, or from which armies were sent forth in time of war, the King began to look more seriously on the powers exercised over it by the convent. An inquest ordered by the Crown in 1227 reported in favour of the rights of Christ Church over Sandwich, but by judicious bargaining matters were finally arranged to the royal satisfaction. At the price of a grant of lands in Kent Edward the First bought the town, and though the monks were still allowed certain lands and houses free from municipal charges, and continued to receive large sums from the wharf which was known as Monkenkey with its crane for loading and unloading ships,[765] and from the warehouses enclosing it, they had to abandon their powers of taxing at discretion all passengers and goods which crossed the bounds of their territory.[766]

The Sandwich people had elected their own mayor since the beginning of the thirteenth century; while the royal interests were now looked after by a bailiff appointed by the King.[767] The townsmen however kept a jealous watch over their own prerogatives. When in 1321 Christ Church obtained a royal writ to protect their property from the town taxes the mayor and community refused to accept it because it had been issued to the King’s bailiff, and the convent had to get a new writ.[768] The bailiff’s powers were carefully defined and kept in strict subordination to those of the mayor. He collected the King’s dues on goods brought into the town;[769] and it was he who summoned the Hundred Court every three weeks to meet in S. Clement’s church for view of frankpledge, for pleas of land, questions of trespass, covenant, debt, battery, bloodshed, and so on;[770] but he could not hold the court without the mayor’s leave, nor issue the summonses without the mayor’s orders.[771] The mayor for his part, if he was elected in S. Clement’s, the church where the courts of the King were held, had his seat of government in S. Peter’s, a church that stood in the very centre of the town near the Market-place and Common Hall, and in whose tower the “Brande goose bell” hung which summoned jurats and council men to the Common Assembly, and rang out the hours for the market. He gathered the Town Council for business to S. Peter’s, and in S. Peter’s he sat every Thursday, and if business required it on other days, to judge the people.[772] Though the bailiff sat by his side and took part in the business of the court, yet for offences against the corporation the mayor and jurats might punish the freemen “without consulting the bailiff or any one else.”[773] To them belonged the entire regulation of trade and the management of weights and measures, for “the bailiff has nothing to do with this business.” In no case was he allowed to interfere with the town market; “that business belongs wholly to the mayor and jurats,” the town customs declared.[774]

II. Sandwich in fact after it had passed to the Crown enjoyed the full freedom common to the royal boroughs. Bound only by allegiance to the general law of the Cinque Ports it long maintained, as we shall see later, a real independence of local life and a vigorous democratic temper. But in Romney, in the very port where the general assembly of the Cinque Ports held its deliberations, the conditions were wholly different. For a moment Romney like other towns enjoyed its share of profits in the growing trade of the country.[775] The vintners engaged in the wine trade rose from ten in 1340 to forty-eight who headed the list of taxpayers in 1394; a new ward was called after its cloth-dealer Hollyngbroke;[776] and merchants from Prussia, Holland, Spain, and Flanders, citizens of Bristol and of London, men from York and from Dorset gathered within its walls. But a doom was already on the town. As early as 1381 it had begun its vain struggle against winds and tides which silted up its port, destroyed its river channel, and forced the Rother into a new bed. Dutch and Flemish engineers had been called over to make scientific sluices and barriers, and the whole population had been summoned out to dig a water-course, but in spite of incessant efforts the men of Romney saw their trade driven into other ports.[777] The forty-eight vintners of 1394 had sunk to forty-four in 1415, to five in 1431, and to one in 1449.[778] The burghers were being steadily ruined, and the story of their decay remains registered in the long lists of citizens who pledged their goods for debt, giving in promise of payment saddles, cups, table-cloths, helmets, cloths, which were delivered by the creditor into the hands of the bailiff for keeping in the Common Hall “according to custom,” and when the day of payment had passed were appraised by bailiff and jurats, often at half or a quarter of the value at which they had been first declared, and handed over to the creditor.[779]

Through good and evil fortune moreover Romney had to maintain a constant struggle for freedom. The Archbishop of Canterbury was lord of the manor, and appointed, subject to the ratification of the Lord Warden, the bailiff of the town,[780] choosing if it seemed good to him one of his own servants or squires, and by a curious exception from the general law having liberty to select a publican.[781] The bailiff fixed the days for holding the market. He gathered in the Archbishop’s dues, made sure that his share of any wax, or wine, or goods cast on the shore from wrecks was handed over, and that the jurats collected in proper time the capons and swans and cygnets which had to be sent to him, or that a porpoise taken by the fishermen should be duly despatched to the lord. The common horn sounded twice at the market-place and at the cross to summon the people to his court.

The question of government and of the bailiff’s position was however always in debate. The “best men of the town” rode to Archbishop Courtenay “to know his will and what he proposed to do against their liberties”; and for the following century the Romney men were always on the watch, and heavily taxed in gifts and bribes “to protect the liberty of the town that the said lord might not usurp it.”[782] The bailiff’s power indeed was strictly limited. So far as the administration of justice went he was absolutely controlled by the twelve jurats who were yearly elected “for to keep and govern the port and town;”[783] and “in case the bailiff do other execution than the sworn men have judged against the usage of the town” they might fine him £10 to the commons.[784] But this was not enough. In 1395 the jurats made suit to the Lord Archbishop to “put his bailiwick into the hands of the community of Romney at ferm,”[785] and for the century which followed they were always seeking for some means of gaining complete control of the government. For lack of better security a simple expedient was discovered. The townspeople allowed a custom to grow up that the Archbishop should not be expected to appoint a new officer every year, but that whoever was sent to the town should be understood to hold his post permanently. When in 1521 the prelate complained that the jurats would not let his bailiff enter Romney[786] they answered that when there was no bailiff in the town the Archbishop might send a new one, but that the accustomed bailiff who had been admitted seven or eight years ago was still living and was “of good name and fame,” and so the place was not void; moreover, they said, a bailiff must make his appearance with certain formalities and “be of good opinion,” but this new man had not been sent with the proper forms. The fixity of tenure[787] which the townsfolk thus raised to the dignity of a “customary” right was a real guarantee that the bailiff should no longer be a mere dependent holding his post at the pleasure of a distant master, trembling under the apprehension of hazarding his employment by preferring the interests of the commonalty to those of his lord, and only intent on heaping up treasure against the day when his credit and employment should come to an end. He became more and more identified with the townsfolk among whom he lived, and on whose approval he was made dependent by their contention that he should hold office so long as he was, in their opinion, “of good name and fame.”

But the burghers were still dissatisfied with so precarious a tenure of independence. There was a proposal which came to nothing to unite the bailiff and jurats of the town with the bailiff and jurats of the marsh; but in 1484 the people profited by the troubles of Richard’s reign to plan a thoroughgoing revolution.[788] They set up a mayor for themselves, and sent to have a silver mace made at Canterbury under the very walls of the Cathedral precincts. The Archbishop called in the help of the Crown and the great people of the London law courts, and after much battling and negotiation the matter was ended before the year was out by a Privy Seal being sent down to Romney to depose the mayor. Before a generation had passed away however the struggle broke out again with new vigour, and in 1521 town and prelate were again quarrelling over all the old grievances.[789]

The main point of the burghers’ argument was to deny the Archbishop’s assertion that “the town is all bishopric.” The jurats contended that “from all time” they had had the privileges of one of the capital Five Ports, that their grant of “streme and strond” of the sea and all other rights came to them from the King and not the Archbishop; and that they held the greater part of their town directly from the Crown,[790] on which land the Archbishop had no right to enter, and the commonalty had rights of justice. So also the Archbishop had no right to the marsh and pasturage of four hundred acres which had once been creek and haven, but had been left dry land since about 1380 by the withdrawal of the sea a good half-mile from the town, for this “void place” left by the main course of the stream through the town belonged to the King. Arguing therefore from this fiction of being on royal soil the jurats went on to claim the popular control of justice which was used in royal boroughs, and frowardly kept the courts without the bailiff, boldly asserting in their own defence that he was at the best but a minister of the King’s courts in Romney and not a judge; for if the town courts were in fact courts of the King, they were under the royal grants and charters which ordained that mayor and jurats, or bailiff and jurats, _elected by the people_, were to hold courts, hear pleas, and have fines and amercements and other profits of leets and law-days; and therefore since the bailiff of Romney was not elected by the commons he was clearly excluded and had nothing to do in the said courts save as minister and executioner, and any record of pleas before him was void. In times past, they declared, he had merely been allowed to sit among them by favour, and not of duty. The fines raised at leets and law-days they claimed for the town’s use, saying that these had only been given to the most Reverend Father by the favour of the jurats to obtain his good lordship; but that he had never any right whatever to leet or law-day, fine or amercement. So persistent were their protestations of independence that it seems as though ultimately the Archbishop’s heavy wrath settled down to rest on the town. When Cranmer leased out the bailiwick of Hythe to the townspeople,[791] he refused to give to Romney a similar lease—a gift which it had begged of Courtenay a hundred and fifty years before. Cranmer’s lordship indeed came to an end at the Reformation, but even then Romney was for a time governed by its senior jurat, and it was not until 1563 that it seemed to have sufficiently purged its iniquity, and that Elizabeth finally allowed its people to elect a mayor.

III. From the instances of Sandwich and Romney it is evident that the bond which existed between the chief Ports only served certain definite ends, and had no influence whatever on the developement of local liberties or the intimate relations of a borough to its lord. And if this was the case with the leading Ports, still less was it possible for the subordinate members of the confederation to look for aid in their private controversies. Romney itself for example in the midst of its struggle with the Archbishop was engaged in a resolute effort to retain its own hold over its dependent town of Lydd. There also the Archbishop of Canterbury was lord of the manor, both of the town and of a great part of the grazing land round it known as Dengemarsh, in which lay the fishing-station of Lydd, Denge Ness; while the rest of Dengemarsh was divided between the Abbot of Battle, the Castle of Rochester, and Christ Church, Canterbury, all alike ready to raise at any time questions of disputed rights. As far as the Archbishop was concerned the townsmen had commuted their services at his court of Aldington for a yearly payment, and became “lords in mean” of their own borough—possibly in the time of Henry the Sixth when they first began formally to use the style of Bailiffs, Jurats, and Commonalty of Lydd; but the Archbishop’s seal with the mitre was still used in deeds for selling or letting land.[792]

But Lydd was further subject to Romney as “member of the Town and Port,” and in token of this submission their custumal was kept at Romney. If they wanted to ascertain their rights they had to send a messenger to the superior town; and an entry in the accounts of Lydd tells how the corporation paid eightpence to “the servant of Romney bringing authority of having again our franchise.” Romney claimed to make awards on disputed questions, interfered about the Lydd markets, and ordered inquisitions as to whether they had been wrongfully held.[793] Moreover as the inhabitants of Lydd “were contributors to Romney before all memory,” their officers had year after year to present themselves before the jurats of Romney in the Church of S. Nicholas carrying their accounts and such payments as were demanded by their rulers.[794] Even after the men of Lydd had been given by Edward the First the same liberties and free customs as the other barons of the Cinque Ports, the sum of their taxes was fixed by Romney.

Among many masters the corporation was kept in a perpetual ferment. The boundaries of its territory were not finally decided till 1462, and the quarrel with Battle on this point kept lawyers and town clerks busy hurrying backwards and forwards between London and Lydd, or riding to Canterbury to get the Abbot’s charter, or to Winchelsea to meet the Abbot’s counsel.[795] For a hundred years moreover the town kept up the long struggle to free itself from the supremacy of Romney. Already in 1384 deputations from both the towns met in Dover to discuss the terms of agreement between them with the Warden, and from that time lawyers were kept constantly at work, and a counsel seems to have been permanently employed in London, besides the deputations of bailiff, common clerk, and jurats sent there as well as to Dover, Sandwich, or Canterbury, and the messengers despatched with “courtesies” for the Lieutenant, the Seneschal, or the Clerk of Dover Castle, the Mayor and Clerk of Dover town, the Archbishop of Canterbury and his steward, the Common Clerk of Winchelsea and so on; while the salary of the Town Clerk, Thomas Caxton, probably a brother of the great printer, was raised again and again, so as to secure the services of the most skilful lawyer and able administrator in all the country round.[796] Even in a trifling matter of taxation it was not till 1490 that the town was able to make a composition for a fixed yearly payment.[797]

IV. In the same way Sandwich had the mastery of the little town of Fordwich,[798] which lay fifteen miles higher up the river and claimed dominion over a tiny territory reaching back from the water’s edge on either side as far as a man in a boat on the river could throw an axe of seven pounds called “Taperaxe.” The inhabitants elected every year a mayor, treasurer, and jurats to govern them and preserve the liberties of the town. The mayor with a black knotted stick as badge of his office, held his court of justice. He appointed every year four freemen to act as arbitrators in case of trespass, and if any townsman refused to accept their decision or tried to carry the cause to another court, he was fined the enormous sum of a hundred shillings, or thrown for a year into the town prison, a filthy hole of nine feet square which still exists. In capital cases the mayor could give sentence of death, and order the prosecutor if he won his suit to carry the condemned criminal to the “Thefeswell” and himself throw him into it with hands and feet tied, “knebent” as it was called.[799]

Fordwich however had been granted by the Confessor to S. Augustine’s, Canterbury.[800] The Abbot owned the soil of the town; his bailiff lived within its walls and presided over the Hundred Court which he summoned by his officer “Cachepol”; he had his own prison; he was entitled to fines and forfeitures from felons and fugitives; and he claimed certain customs on all imports, and asserted a right to control the fisheries of the river so as to supply his monks at the fasting seasons.

The convent of Christ Church, Canterbury, owned on the other hand a quay at the highest point to which ships could pass up the river; to this quay wine, alum, Caen stone, etc., were brought for the use of the monastery, and endless quarrels were developed out of its trading monopolies.[801]

As a member of the Port of Sandwich the town was subject to certain regulations and taxations which Sandwich had a right to impose. When the chief Ports met to assess and distribute taxation among themselves, the voice of the lesser members of the confederation was never heard, and the dependent towns had simply to pay such proportions of the sum due as their masters ordered, and there were naturally frequent signs of grumbling and dissatisfaction.[802] The severe protectionist laws which the Fordwich people passed against Sandwich as to the use of the common quay with the crane possibly indicates some attempt at encroachment which it was possible to resist as well as to resent.

Under the rude pressure of rival jurisdictions on every side, and from which there was no escape, the corporation needed constant vigilance in looking after its own interests. Like every other town big and little in the fifteenth century Fordwich made careful research into the true limits of its chartered rights, and the clerk wrote out new copies of their custumal and of the old record of their boundaries. In the only point where they had a chance of success its burghers fought with steady pugnacity for their privileges. Protesting that they held a monopoly of the quay where the ships were unloaded, they refused the customs demanded by S. Augustine’s, claimed the whole control of the river and of the three weirs which were made every year at the beginning of the fishing season, and at last forced a compromise which left the convent only the produce of a single weir.

If the lesser members of the Ports which were themselves corporate bodies, such as Lydd or Fordwich, could expect from their superiors no help in achieving independence, the non-corporate members were yet more completely withdrawn from the chance of assistance; for the seven great towns of the association would have looked with little tolerance on any revolt in their dependent villages.[803] Undoubtedly the inhabitants of the Cinque Ports had their full share of the democratic temper that ruled in the trading towns of the eastern coast from the Wash to the Channel. Rebellion was in the air; and the labourers and miners of Kent and Sussex had an evil reputation in the Middle Ages as being most prone to civil dissensions, “as well for that they can hardly bear injuries as for that they are desirous of novelties.”[804] There was never a rising in which they were not the most eager partizans of the revolutionary side. The men of Kent crowded after Cade. Hastings sent eleven soldiers to help him; Rye begged for his friendship; and Lydd sent its constable on horseback to meet him, wrote him a letter of excuse for not joining him, and presented him with a porpoise.[805] When Warwick took up the cry of Cade they rallied to his side; and when he brought back Henry the Sixth in 1470 they again gave him support.[806] In the internal politics of the towns we meet the same temper; and however obscure and insignificant were the struggles of the Ports and of the humble villages that gathered around them, they reveal to us the militant spirit of self-assertion which was stirring in every hamlet in England. But with this sturdy spirit of municipal freedom the question of federal organization had nothing whatever to do. We have seen that the trading privileges won in early days by the joint action of the towns were confined to the supervision of the herring fair at Yarmouth, and that the association never developed into a great commercial league after the imposing pattern of the towns of Picardy or of the Rhine. Still less did the union resemble any of the federative republics formed across the water in Ponthieu or the Laonnais for mutual aid against the enemies of their peace or liberties.[807] There is no evidence that the confederation of the Cinque Ports afforded to its members any security of municipal freedom, or any extension of the rights to be won from their several lords; and as a matter of fact this group of favoured towns does not seem to have made the slightest advance on other English boroughs, either in winning an earlier freedom, or in raising a higher standard of liberty. In fact the history of the sixteenth century was to prove that there was no more formidable opposition to the growing democracies in the Kent and Sussex towns than the respectable official company that gathered at Romney and ate together the annual feast of the Court of Brotherhood.

INDEX

A

Abbotsbury, convent at, 203

Adamson, William, lease of Liverpool ferm to, 271, _note_ 2

Admiral, appointment of mayor as, 234;
his jurisdiction, _ib._, _note_ 2;
of Norwich, 245;
of the Cinque Ports, his jurisdiction, 392

Adventurers, Merchant, 90;
their rivalry with Staple and Hanse, 94, 95;
organized by charter, 95, 96;
by Henry VII., 96;
growth of their privileges, _ib._;
settlement at Antwerp, 97, 98;
struggle for free trade in cloth in the Netherlands, 99-101;
struggle with the staplers, 101-103;
with Hanseatic League, 103-111;
organization in Norway, Sweden, and Denmark, 106;
supported by Henry VII., 111, 112;
their triumph in the north, 114;
progress from Edward III. to Henry VII., 122

“Advocantes,” 190

Alderman of the staple, 46, 48

Aldington, archbishop’s court of, 409

Aletot, tax paid by Rye to Fécamp, 387, _note_ 1

Alexandria, centre of Mediterranean traffic, 77

Alien, judicial combat in Fordwich with, 221, _note_ 2

Almshouses, 41, _note_ 2

Amusements in towns, 145-153

Andover, punishment for breach of public duty in, 181, _note_ 2

Antwerp, trade of English Adventurers at, 94;
capital of the Merchant Adventurers, 97, 98;
succeeds Bruges as a centre of commerce, 100;
conference at, 113

Apprentices, kept only by burghers, 182

Apprenticeship, in towns, sought by country labourers, 194

Archers of Reading in 1371, 16, _note_

Arms, view of, at Bridport, 15, 16;
at Reading, 16, _note_

Arrest, disputes about rights of, 351-352, 364-367, 372

Assemblies in the towns, 223

Assize of wine, bread, and ale, controversy as to, in Exeter, 358-9

Attorneys, their numbers in Norfolk and Norwich limited, 58

Augustine’s, S., convent of, Canterbury, its agreement with
Christchurch, 369;
disputes with the town, 371-3;
owner of Fordwich, 412;
compromise with Fordwich, 414

Aylesbury, evasions of watch and ward in, 133

Aynesargh, Richard de, lease of Liverpool to, 271, _note_ 2

B

Bailiff, commander of the town in war, 128;
his appointment as king’s steward and marshal, 236;
capital, of Hereford, 229, 319-320;
election of, in Liverpool, 270;
of wards in Norwich, 240, 243, 245, 246;
of Romney, 404-406;
of the king, in Sandwich, 400-402

Bailiff-errant, his duties, 205

Baltic, English Merchant Adventurers in, 95

Barge, the admiral’s, 245;
common, of towns, 87, 140;
of Ipswich, 85, _note_ 2;
of London, 87, _note_ 3;
of Romney, 87, 88

Barnstaple, granted to Sir John Cornwall and the Countess of
Huntingdon, 253;
its ferm, &c., in 1273, _ib._, _note_ 3;
its traditions as borough in ancient demesne, 253-255;
byelaws of, 254;
“Burgesses of the Wynde” in, _ib._;
complaints of lords of, about authority claimed by burghers, _ib._;
inquisition as to franchises of, 255;
charters, _ib._;
market, 253, _note_ 3;
Long Bridge, _ib._;
its wealth in thirteenth and fourteenth centuries, _ib._;
seal, 225, _note_

Barons of the Cinque Ports, 386

Barton, John, thief in Exeter, 354

Battle, services due from its burgesses, 171, _note_ 2;
its quarrel with Lydd about boundaries, 411;
abbot of, owner of land in Lydd, 409

Beaufort, Cardinal, 214

Bedford, opposition to commission of enquiry in, 268, _note_ 1

Beer, its introduction, 57;
English, exported to Flanders, _ib._

Bell, the common, 161, 180;
of Bristol, 314, 315;
of Hereford, 127;
Reading, 304;
Romney, 405, _note_ 1;
Brandegoose, at Sandwich, 401;
of church, 153;
the curfew, 324

Bell-foundries, 55

Benecke, captain of Danzig privateers, 109, _note_ 2

Bergen, staple set up by English adventurers at, 95;
English expelled from, 107

Berkeley, owned by lay noble, 227;
privileges leased to the burghers of, 263;
relations with its lords, 264, 267;
lords of, their fight with Bristol, 313-315;
their trading, 316

Berkeley, Lord James, 266

Berkeley, Lord Maurice, 265, 266, 312, 314-315

Berkeley, Lord Thomas, 315

Berkeley, Lady, daughter of Mayor of Bristol, 316;
her funeral, _ib._

Bernard, the goldsmith, his escape from prison, 374

Berwick, government of, given to one of the Berkeleys, 264

Bier, the parish, 202

Billeting, forbidden in Bristol, 210, _note_ 3

Birmingham, 200, _note_ 2;
its bridges, 20;
its guild, _ib._

Bishops as lords of towns, 281

Blackwall, entrepôt of Dinant copper-workers at, 56

Bondmen, not to be admitted to franchise in York and Bridgenorth, 196

Bonvil, Sir William, 41, _note_ 2, 267, 268, 366

“Booners,” 141

Bordeaux, its trade, 87, 118, 119, 316, _note_ 1;
taken by the French, 119

Boroughs, English, their importance in fifteenth century, 1;
created by Edward I., 11, _note_ 3;
representation in Parliament, 24, 25;
conditions of claiming the property of, 218;
importance of corporate succession of, 219;
classification of, 227;
sympathy of king with, in questions of rival jurisdiction, 232-3;
local self-government in, 233-237;
extortion in, 235, _note_ 1;
advantages gained by, in times of state troubles, 237;
anxiety of king about democratic movement in, 247, _note_ 3;
granted to nobles, 253, _note_ 2;
in “ancient demesne,” 227, 246, _see_ Towns

Borough Court, or Portmote, attendance of burghers required at, 180;
wills enrolled in, 200, _note_ 1;
at Norwich, 239

Borough English, 222

Boston, house of the Hanseatic League at, 110

Boulogne, soldiers from Reading at, 16, _note_

Boundaries, preservation and perambulation of, 134

Boy Bishop, 148

Brass, guns made of, 55, _note_ 4

Bribes, system of, in the towns, 211-217

Brickmaking, its beginnings in England, 56

Bridges, repair of, 144;
the Long, at Barnstaple, 253, _note_ 3;
at Birmingham, 20;
Canterbury, 19;
Exeter, 144;
London, _ib._;
Nottingham, _ib._;
Reading, 301, _note_ 2

Bridgenorth, payment to players forbidden in, 152;
franchise of, 196;
complaint of the jurors against the sheriff’s bailiffs, 207,
_note_ 1

Bridgewater, burgages held by clergy at, 175, _note_

Bridport in the thirteenth century, 202-203;
in fourteenth century, 15;
in fifteenth century, 15-16;
views of arms at, _ib._;
fraternities in, _ib._;
Toll Hall and Guildhall at, _ib._;
bell foundries at, 55-56;
collection for improving its harbour, 143, 144;
rector and parishioners, 157;
bequests for the church, 159, _note_;
manufactures at, 202;
payments in kind for ferm, 204-5;
advantages of its obscurity and distance from court, 210

Brinklow, his political ideas, 60, _note_ 4

Bristol made a shire, 12;
gives a benevolence to the king, 27, _note_ 2;
disputes with Genoese merchants, 91, _note_ 2;
its contribution for protection of traders, _ib._, _note_ 3;
new channel dug for the Frome at, 142;
billeting forbidden in, 210, _note_ 3;
revolt of the Commons, 312;
charter forfeited, _ib._, _note_ 1;
mayor of, freed from oath to constable, 313;
obtains jurisdiction over Redcliffe, 314;
fight with lords of Berkeley, 313-315;
difficulties as to jurisdiction of Temple fee, 313, _note_ 2;
incorporation of Redcliffe with, _ib._, _note_;
burgesses’ petitions to King and Parliament, 315;
assault on Lord Thomas of Berkeley, _ib._;
payment for confirmation of charters, _ib._;
sends men to Lord Berkeley’s help at Nibley, 316;
the castle fee in, 311;
constable of castle, 312;
grant of ferm, 238, _note_ 3;
dispute about ferm, 253, _note_ 2;
S. Mary’s Hall at, 316;
Fellowship of Merchants, 89;
paving, 18, _note_;
common bell, 314, 315;
gaol, 315;
watch on S. John’s Eve, 149;
compass first used in England by its men, 107;
trade with Gascony, 119;
traders from, settle in Bridport, 15;
sail to Iceland, 107;
Flemish weavers in, 193

Britanny, commercial treaty with, 112

Broad-cloth first mentioned, 52

Broad Hill, court held on, 394, 395

Brodhull, register of its acts, 398;
_see_ Brotherhood

Brotherhood, court of, 395-398;
_see_ Brodhull, Guestling

Bruges, the staple at, 45;
made staple for English cloth in Flanders, 113, _note_ 3;
decline of its weaving trade, 65

Building in towns in fifteenth century, 18, 19

Burgage rents, 13, _note_ 2

Burgage tenure, 170-173, 200, _note_ 2

Burgesses, in the empire, first mention of, 11, _note_ 1;
decayed, in Preston, 190, _note_ 3;
of the Wynde in Barnstaple, 254;
their qualifications, 170, 171;
craftsmen and foreigners admitted as, 173;
_see_ Burghers, Citizens

Burghers, mode of admission of, 178-9;
duties, 180-181;
privileges, 181-185;
responsibilities and services, 185-188;
punishment of, for refusing to serve in municipal offices, 187, 188;
their duties confined to town, 188;
the exclusive character of the poorer, 195;
claim to have their own courts, 220;
growing importance in the country, 257;
their seals, 175;
_see_ Burgesses, Citizens

Burgundy, Henry VII.’s alliance with, 4;
charter to Merchant Adventurers in, 96

Burgundy, Duke of, grants charter to English Merchant Adventurers, 96

C.

“Cachepol” of abbot of S. Augustine’s, 412

Cade, Jack, his supporters in Cinque Ports, 415

Calais, the staple at, 46;
captain of, 49;
mint at, _ib._;
Likedelers of, 90;
election of governors of Merchant Adventurers held at, 96, _note_ 6

Cambridge, first notice of bricks at, 56, _note_ 3

Canal-makers, Dutch, 193

Cannyges, of Bristol, 84, _note_ 1, 89, 107

Canopy, at coronation of King, carried by representatives of Cinque
Ports, 389

Canterbury, royal borough, 227;
extent of its jurisdiction, 3, _note_;
Henry VII. received at, 37, _note_;
quarrels with Sandwich, 163, _note_;
Henry VII.’s breve to enable inhabitants to resist demands of King’s
purveyors, 210, _note_ 1;
payment to be excused from sending ships to the war, 213, _note_ 3;
relations with York and Lancaster, 215, 216;
refusal of citizens to appear at the King’s Court at Westminster,
230, _note_ 2;
property exempt from corporate authority, 310, _note_;
dispute as to jurisdiction of city coroner, 355, _note_ 1;
dispute with S. Augustine’s, 371-2;
with Christ Church, 135-6, 373-382;
with convent of S. Gregory, 369;
bridge, 19;
charters, expenses connected with, 211, _note_;
cathedral, its jubilee festivals, 376;
church of S. Andrew, 380;
Blackfriar’s churchyard, 375;
first main drain, 20;
expenses of feasts, 372, _note_ 3;
town festival, 149;
price of admission to freedom, 178, _note_ 5;
municipal debts, 140, _note_ 1;
gifts, 214-216;
hospitals, 369;
Swan inn, 216;
loans to King, 27, _note_ 2;
market, 371-2, 377-80;
mayor, probate claimed by, 200, _note_ 1;
mace, 381;
king’s mead, 371;
mill, _ib._, 372, 381;
minstrels, 145, _note_;
paving, 18, _note_;
plays, 146;
protection of burghers, 185;
provision for pilgrims, 375-6;
punishment for drawing knife, 132, _note_ 2;
extortions of sheriff, 207;
Staplegate, 370;
trade with Bordeaux, 118;
walls and gates, 129, _note_ 1;
Westgate, 370, 381;
_see_ Augustine’s (S.), Christ Church

Canterbury, Archbishops of, 177, _note_ 2, 369-371, 409

Cardiff requests copy of Hereford customs, 228

Carlisle, its “frelidge,” 180;
help granted towards payment of ferm in, 231, _note_ 2;
liberties forfeited, 247, _note_ 4

Carpets, manufactory of, at Ramsey, 57

Castile, commercial treaty with, 120

Castle Coombe, cloth sold at, 54, _note_ 1

Castle, constable of, his authority, 311-12

Castle Fee, its independence of the municipality, 311

Catalonia, commercial treaty with, 120

Caxton, Thomas, town clerk of Lydd, 411

Cemetery, booths set up in, at fair-time, 362

Chaldensham, the breaking to pieces of the abbot’s gallows at, 372

Charters, power of the King to withdraw, 211-12;
payments for the confirmation of, 211;
of incorporation, 219, _note_ 1;
_see_ Barnstaple, Bristol, Canterbury, Ipswich, Leicester, Lincoln,
Liverpool, Lynn, Northampton, Norwich, Nottingham, Plimpton,
Reading, Winchester

Chepin gavell in Reading, 299, 306

Chepstowe, its trade with Iceland and Finmark, 107, _note_ 1

Chest, the parish, 202;
the common, of Reading, 305, 306

Chester, raid of Baldwin of Radington on, 130;
affray at, _ib._, _note_ 1;
town festival, 149;
liberties forfeited, 247, _note_ 4;
silting up of harbour, 270

Chester, Earl of, Liverpool granted to, 270

Children of citizens, age of taking up duties of citizenship, 194;
of non-burgesses, age of beginning work, 194-5

Chimneys of tiles or brick, houses to be provided with, 194

Christ Church, Canterbury, its agreement with S. Augustine’s, 369;
ownership of Sandwich, 399-400;
owner of land in Lydd, 409;
quarrels with Fordwich about the quay, 413;
_see_ Canterbury

Christopher, the (ship), 316, _note_ 1

Church, hostile to the formation of communes, 279, _note_ 2

Church-ales at Plymouth, 160, 161;
at Yaxley, 161, _note_

Churches, parish, their various uses, 153-156;
apportionment of seats, 154;
townspeople lay rectors of, 157;
various expenses, 158-161;
bequests for, 159;
rebuilding of, in 15th century, 18

Churchyards and ecclesiastical precincts enclosed by walls, 335