Custom in Law
As there was considerable variation between the customs of different towns and different counties, it became the duty of the Justices on Eyre to investigate what was the custom, with regard to the subject of the plea, in the particular locality, and they gave their decisions accordingly.
Some of these cases are sufficiently6 amusing, as may be gathered from the following record of a case heard in the Salop Inter7 of 1292:
"One Adam brought a writ8 of Entry against B.—B.: 'Sir, we vouch9 to warranty10, &c., W. de C., who is under age, to be summoned, &c.'—C. came and prayed his age.—Spigornel (for Adam): 'Sir, according to the custom of the town, he is of age when he knows how to count up to twelve pence, and he shall answer in a writ of Right at that age; and inasmuch as he would answer in a writ of Right at that age, he shall warrant at that age, or shall counterplead, &c. But now he is nineteen years old, which is nearly of full age. Judgment11 if he shall not warrant or counterplead.' Judgment that he should."
From the same Year-Book we obtain an insight into the working of what may be termed communal12 law in the weighty matter of succession. One Isabel brought the Novel Disseisin against a chaplain named Martin de Hereford and others for a tenement13 in Shrewsbury. The defence was that Martin had entered by the devise of one William Silke, and that the custom of the town permitted a man on his death-bed to devise tenements14 of his own purchase. Isabel's counsel, on the other hand, contended that William's father held the tenements by the law of England, and that William merely purchased the freehold, arguing also that the devise was made in contravention of the statute (7 Ed. I., st. 27), since it was made in mortmain for the beneficiaries to chant for him and his heirs for ever. The Judge ruled that alienation16 contrary to the statute was no justification17 for the heir to enter; and he drew attention to the inconsistency of counsel in pleading that Silke could not devise his inheritance, and that he could devise if there were no infraction18 of the statute. Counsel thereupon elected to abide19 by his first contention20, and the question of fact was referred to the Assise (or Jury) which found that part of the tenements were in William's seisin and that William had purchased his father's estate therein.
We now come to the concluding passages of this highly interesting suit:
"Berewyke [the Judge]: 'For that he could not purchase his own heritage so that it could be styled his own purchase; and he devised the tenements; and the custom of the town does not permit a man to devise his heritage; Therefore this Court adjudges that Sybil (sic) do recover her seisin of the tenements which were not devisable. Now what say you as to the remainder?'
"The Assise said that the remainder of the tenements were of his own purchase from several persons in the town, and that in his last illness he devised them to Martin for the term of his life, and that the testament21 was proved at the Guildhall according to the custom of the town; and that the executors were commanded to deliver seisin to Martin, and that according to the custom he had the seisin, &c.
"Berewyke: 'Since it is found that he entered on the tenements according to the custom, &c.—although you were seised for four weeks, yet that ought not to give you a title—this Court adjudges that you do take nothing by the writ, &c. After Martin's death be well advised.'"
Communal law, however, was not allowed to override22 the law of England.[12] This principle was asserted in 1293, when Thomas le Chamberleyn brought a writ before the Common Bench against a certain W., who, he complained, had taken his horse in the highway in the town of Bernewell. The writ ran—"took in the highway and still keeps impounded." There was the usual wrangle23 between counsel, and an attempt was made to oust24 or invalidate the writ by asserting that six years and a half before it (the writ) was purchased the animal had been surrendered. After this preliminary fencing counsel for the defence produced his real case, which was that by the King's charter the burgesses of Cambridge had a franchise25 to this extent, that when clerks or other persons were in debt they might seize their horses or other property within the liberty; and as Thomas was bound in so many shillings, his horse was seized according to the custom of the town, and in no other way. The trespass26 being admitted, the Judge (Gislingham) proceeded to give judgment on the plea of justification. He said:
"For that it is against the common law and against the statutes27 to make such a taking in the highway unless he be the King's bailiff, notwithstanding any franchise which the King may have granted, therefore the Court adjudges that Thomas do recover his damages, and that W. be in mercy for his tortious taking."
This leads to another point. Corporations had their local courts, and some of them, by virtue28 of this fact, claimed exemption29 from the jurisdiction30 of the higher courts. Such was the case at Liverpool, and according to Sir. F. A. Picton there are instances on record in which they succeeded in establishing their claim. How far these local authorities were fit to be entrusted31 with the execution of justice may be estimated by some lively incidents which took place in the early days of October, 1565. One Thomas Johnson had been apprehended32 for picking purses. Apparently33 he underwent no regular trial, but was dealt with summarily, the programme being as follows: First, he was imprisoned34 several days and nights, and then he was nailed by the ear to a post at the flesh-shambles. As the next item, he was turned out naked from the middle upwards35, and many boys, with withy rods, whipped him out of the town. He was then locked to a clog38 with an iron chain and horseblock until the Friday morning following, and finally abjured39 the town before the Mayor and Bailiffs, at the same time making restitution41 of 6s. 8d. to the wife of one Henry Myln. Thus, there was a rude efficacy in the process, but it might perhaps have been received as sufficient ground for a writ of certiorari if Johnson had again fallen into the hands of his tormentors.
It is certain that at times towns had to answer, through their officers, for alleged42 acts of illegality in their corporate43 capacity. Thus in 1292 one Adam—the reader will observe that the records do not give the actual names, Adam being chosen as beginning with the first letter of the alphabet—brought the Replegiare against B., &c., stating that B., &c., had tortiously taken his chattels44 in the High Street of the Town of Gloucester and conveyed them to their toll45 booth in the same town. B. and C., the bailiffs, defended the seizure46, asserting that by the custom of the town of Gloucester only freemen might cut cloth there—strangers might sell cloth by the piece, but not cut it.
Adam was not a freeman of the town, but, in opposition47 to the custom, he had come and cut his cloth. As against this Adam produced a charter witnessing that the King had granted him the right of cutting cloth in the same way as other freemen, and, by virtue of the charter, he maintained that he had been seised from time whereof, &c. The bailiffs repudiated48 this claim. We do not learn what the judgment was in this case, but the phrase "other freemen" is suspicious. It suggests that the charter had been granted in ignorance of the custom of this particular town, not out of disrespect for it, since the tendency of all the evidence is to show that local autonomy and local privileges in such matters were treated with infinite care. It almost appears as if Adam had taken advantage of an ambiguity49. As regards ordinary civil rights Adam was doubtless a freeman—otherwise he could not have brought this action—but he was not a freeman in the sense that he paid scot and lot in the town of Gloucester.
Such persons were often styled "foreigners," and therefore the plaintiff in this case would have occupied precisely51 the same position as "foreign" merchants who transgressed52 the customs of London. One of these was that they were not to attend any market or fair at a greater distance than three miles from the City, nor had Justices or Sheriff power to give them leave to do so. If a Sheriff caught any "foreign" merchant beyond those bounds, he was supposed to bring him back, and the money found on his person having been confiscated53 was shared between the Sheriff and the citizens. If, however, the citizens were alone responsible for the capture, the whole of the money went to them. Other rules were that merchants repairing to London for the sale of linen54, cloth and wool might do business only on three days of the week (Mondays, Tuesdays, and Wednesdays). They were then, if anything remained to be sold, to pack up their goods and wait till the following week; and in no case were they to sell ad detail (retail).
A custom which we meet with at Dover and Reading, and was probably adopted by other towns, is one described in sundry55 ordinances56 de stachia, the latter being barbarous Latin for "stake." This was a device for recovering possession of a tenement after a specified58 time, when the tenant59 had fallen into arrears60 of rent, and consisted in the landlord erecting61 a stake in front of the house as a notification of his claim.
Crown and Town
Despite identity of usage at Dover and Reading on the subject of the stake, it would be pardonable to conclude that in those times of difficult communication there existed a great diversity of burghal laws, entailing62 considerable inconvenience and hardship, especially in the case of those engaged in trade. Since the adoption63 or growth of customs depended on the interests or sentiments of particular communities, diversity was, to some extent, inevitable64, but the tendency to local independence—an independence tenaciously65 maintained and jealously guarded—was tempered by counter-tendencies. Thus it was not always to the interest of a town or city to stand in complete isolation66 from centres of a similar type, or possibly of a superior organization; and, in such instances, a smaller, weaker, less perfectly67 developed community might seek to improve its status or fortune by modelling its arrangements on those of a more advanced and more powerful neighbour, and in addition to and as a corollary of this, enter into a formal or informal alliance with it, in which the latter would hold the position of protector or patron.
In the Middle Ages there subsisted68 between the towns and the feudal69 aristocracy an antagonism70 sometimes silent and slumbering71, sometimes wakened into fierce consciousness and expressing itself not only in hardy72 words, but in sanguinary deeds. On the Continent the towns were the hotbeds of revolution, and the commune, with its mayor as figure-head, signalized the triumph of the insurrectionary temper. This state of things was more marked on the Continent than in England, where the Barons73 led the assault on tyranny, and where, for his own purposes, the monarch74 fostered the prosperity of towns of his own planting. But Mr. J. H. Round, in his singularly able article on "The Origin of the Mayoralty of London," contributed to the "Arch?ological Journal," shows conclusively75 that this institution, now the ?gis of all that is staid, stable, and respectable, was the offspring of the spirit of revolt which spread like a contagion76 from Italy to France, Germany, and the Low Countries, and thence to the Thames.
Dr. Gross's valuable contribution to the "Antiquary" (1885), treating of the affiliation77 of towns, is of a general character, and illustrated78 largely by continental79 examples; anyone, however, who wishes to grasp the full significance of medi?val relationships as between town and town, will be well advised in consulting that succinct80 account. Here we must confine ourselves to English experience, in which the same traits appear, only more faintly. Before proceeding81 to this inquiry82 it may not be amiss to advert83 briefly84 to another aspect of the subject. We have said above that, in England, the monarch inclined to favour certain towns for his own purposes, and such towns were naturally of the highest precedence. If we turn to Liverpool, we shall find that in 1206 it received a visit from King John, who the following year issued letters patent of which the following is a translation:
"John, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to all his liegemen who would desire to have burgages at the town of Liverpool, greeting. Know ye that we have granted to all who may take burgages at Liverpool that they may have all the liberties and free customs in the town of Liverpool which any free borough85 on the sea has in our land; and therefore we command that securely, and in our peace, you may come to receive and occupy our burgages. And in testimony86 thereof we transmit to you these our letters patent. Witness, Simon de Pateshill, at Winchester, the 28th day of August in the ninth year of our reign50."
At a later period the people of Liverpool might not have thanked the Crown for facilitating the settlement of a large body of strangers in their midst. Everywhere burgesses were strongly opposed to the colonization87 of their towns by "upland men," less on sentimental88 grounds than from the fact that these "foreigners" frequently did not take steps to become naturalized and pay scot and lot towards communal expenses. Clearly this objection did not apply to Liverpool in this instance, and at that relatively89 early stage of its history the incorporation90 of a number of well-to-do and industrious91 immigrants might naturally have been hailed as a gain. It must have been so regarded by the King.
Liverpool was the port of embarkation92 for troops sailing to Ireland, and is said to have owed its foundation to this circumstance in the days of Strongbow. The advantage of a numerous, loyal, and able-bodied population was seen in 1573, when the Earl of Essex passed through the place on his way to Ireland. It happened that he left behind him a detachment of soldiers, and the "motley coats" and "blue coats," having quarrelled, used their weapons on each other. With admirable promptitude, the Mayor summoned the trained bands, and the rest of the story may be told in the vivacious93 language of a contemporary:
"Mr. Mayor and all the town suddenly, as pleased God Almighty94, were ready upon the heath, every man with their best weapons; so as by good chance every householder being at home, Sunday morning, eager as lions, made show almost even like to the number of the captains and all their soldiers.... After the battle array [which was efficacious in staying the conflict] Mr. Captain showed all gentleness and courtesy to the Mayor, and came up to the town in friendship and amity95."
Trained bands formed part of the equipment of a well-appointed medi?val town—a description to which, as we shall show, Liverpool possessed exceptional claims. But the Crown did not benefit solely96 in this way. The burgages erected97 numbered 168, each of which paid a ground rent of one shilling per annum into the royal exchequer98. The custom dues of the Duchy of Lancaster were another source of profit, and retainers of the King were occasionally quartered on them. Thus in 1372 one Rankyn, a follower99 of John of Gaunt, was retained on condition that he "in time of peace shall be at board at court ... and that he shall have and take for the term of his life, in the whole, twenty-five marks sterling100 from the farm of the town of Liverpool."
The object of all towns was to acquire the fullest measure of self-government, and in this respect, despite probable exactions arising from the system of fee-farm leases, Liverpool must be reckoned extraordinarily101 fortunate. The term "commune" also—word of sinister102 import since 1871, but used in medi?val England in the innocuous sense of "borough"—seems to have special point in reference to the trading regulations of that ancient port, if compared with the greater individualism of other places, though commercial transactions were universally the subject of manifold restrictions103 designed to protect the interests of the native against the intrusive104 and vexatious rivalry105 of the foreigner. At Liverpool matters went far beyond that.
The Corporation itself for a long time farmed the custom dues, and also levied106 tolls107 on, all merchandise that passed through the port. Much land and other property belonged to it, as well as the ecclesiastical patronage108, which included the appointment and dismissal of incumbents109, wardens111, and other church officers. The hanse, composed of the entire body of freemen and burgesses, required that all produce, upon importation, should be first offered to it, and it was then inspected by "prizers" or appraisers, who gave an estimate of its value. If the importers did not care to sell at the price, they had to haggle112 with the town respecting the sum to be paid for leave to sell in the open market; and any merchant or trader who treated with them on his own account was liable to heavy penalties.[13]
We have previously114 given a sample of original methods of administering justice at Liverpool, and much might be written of its curious penal113 code, which embraced such offences as eavesdropping115. Hence the protest embodied116 in the following presentment of the Grand Jury on March 31, 1651, may well express the inner thought of many preceding generations of culprits:
"Item, wee p'sent William Mee for saying and cursing in the court, pointing His finger towards Mr. Mayor and the Jurie, 'If such men as those can give anie judgment, the Divell goe with you and all the acts you have done.' Amerced in five pounds."
We need not recur117 to the topic of trained bands, and will only remark that in this and other respects Liverpool obtained a degree of self-sufficiency and independence surpassing anything known at the present time, and, apparently, far beyond the common standard even of medi?val towns. It might therefore have stood forth118 as an object not so much of envy as of imitation. In point of fact, Liverpool—owing, no doubt, to its comparatively late rise and geographical119 situation—was not one of those towns whose customs were widely copied. In Wales the custom of Hereford held the field, and in the south-west the custom of Winchester, which, through transmission to Newcastle, prevailed also in Northumberland and Scotland. The customs of York and the Cinque Ports attracted smaller groups, while the custom of London was not only mother of the custom of Oxford120, but grandmother of the custom of Bedford, since the citizens of Oxford were called in by the last-named town to adjudicate on obscure points, and they themselves repaired to London, as the fountain-head, in the event of any internal dispute. The court of appeal, when mother and daughter towns were at variance121 on the subject of privileges, was the King and Council.
In England the powers of the mother-town were purely advisory122, whereas on the Continent some towns appear to have exercised coercive jurisdiction over those whose laws were derived123 from them. Perhaps this circumstance, that the process was one of adoption rather than subjection, was the chief reason why English towns were so careful not to communicate their privileges, at any rate freely, to boroughs124 of servile condition, i.e., those which owed service to some lord. The case of Hereford is thus stated:
"The King's cittizens of Hereford, who have the custodye of his citty (in regard that it is the principall citty of all the market townes from the sea even unto the boundes of the Seaverne) ought of ancient usage to deliver their lawes and customes to such townes, when need requires, yet in this case they are in noe wise bound to do it, because they say they are not of the same condition; for there are some townes which hould of our Lord the Kinge of England and his heires without any mesne Lord; and to such we are bound, when and as often as need shall be, to certifie of our lawes and customes, chiefly because we hold by one and the same tenure125; and nothing shall be taken of them in the name of a reward, except only by our common towne clerke, for the wryting and his paynes, as they can agree. But there are other markett townes which hold of diverse lords of the Kingdome, wherein are both natives and rusticks of auncient tyme, who paie to their lord corporall services of diverse kinds, with other services that are not used among us, and who may be expelled out of those townes by their lords, and may not inhabit in them or be restored to their former state, but by the common law of England. And chiefly those and others that hold by such forreine service in such townes, are not of our condition; neither shall they have our lawes and customes but by way of purchase, to be performed to our capitall-bailiff, as they can agree between them, at the pleasure and to the benefitt of the citty aforesaid."
Towns were extremely jealous of their purity in this respect, a fact which may be illustrated in another way. Thus no person of servile condition was allowed to be a freeman of the city of London. If, after admission, he was ascertained126 to be of such condition, he forfeited127 his rights. During the mayoralty of John Blount, Thomas le Bedelle, Robert le Bedelle, Alan Undirwoode, and Edmund May, butchers, lost their franchises128, because they acknowledged that they held land in villeinage of the Bishop129 of London and dwelt outside the liberty. On July 18, 11 Rich. II., it was ordained130 that no one should be enrolled131 as an apprentice132 or received into the freedom of the city by way of apprenticeship133 unless he first swore that he was a freeman and not a native, and whoever should be thereafter received into the freedom of the said city by purchase or any way but by apprenticeship should make the same oath, and also find six honest men to undertake for him as had been wont134 to be done of old.
"And if it happen that such native be admitted by false suggestion without the knowledge of the Chamberlain, as soon as the circumstance is notorious to the Mayor and Aldermen, let him lose the freedom of the city and pay a fine for his deception135, at the discretion136 of the Mayor and Aldermen.
"Again, if it happen in the future that such native, at the time of whose birth his father was a native, be elected to a judicial137 office of the City such as Alderman, Sheriff, or Mayor, unless he notify to the Mayor and Aldermen concerning the servile condition before he receive that office, he shall pay to the Chamberlain for the use of the City one hundred pounds, and nevertheless shall lose his freedom as aforesaid."
A Paradise of Police
Thus the fundamental principle of freedom, in all corporate towns, was independence of the feudal aristocracy, and along with this went a sense of social superiority relatively to those dependent upon, and subject to, lords of fees. Burgesses claimed to be masters in their own house and acted in concert with an eye to the common good. This led to the growth or institution of customs divisible into two main categories. One of these was concerned with the correction of refractory139 or immoral140 persons dwelling141 within the gates; and the other with the regulation of commerce. These categories were not entirely142 divorced, since the infraction of trade ordinances was visited with something more than mere15 obloquy143. On the other hand, the presence of evil livers, though it had no immediate144 bearing on commerce, added nothing to the security, prosperity, and reputation of the town or city. The customs of London form too large a subject to receive adequate treatment here, but in what remains145 of our space we propose to limit ourselves to them alone.
It would be possible to write at considerable length on the position of aliens in medi?val London, and, incidentally, on the charming festival of the Pui, wherewith they consoled themselves for the many hardships and restrictions inflicted146 on them by the jealous citizens, examples of which have been previously given. Reserving this topic for another occasion, we will glance at certain enactments147 with which innkeepers and their congeners found their avocations149 fenced about. The citizens did not welcome the appearance of casual strangers, any more than the presumption150 of the foreigner who came and settled amongst them. Almost of necessity the former class resorted for food and shelter to the public-houses, which were of two kinds—the inns kept by hostelers, and the lodging-houses kept by herbergeours. These places of resort were supplemented by cook-shops answering to our modern restaurants.
In the time of Edward I. an ordinance57 was passed that "No Portuguese152 or Germans shall keep hostels153, but that persons of those countries shall lodge154 with freemen of the city." It has been supposed that by "freemen" are intended native freemen, but this is doubtful, since cases occur of strangers and foreigners being admitted to the freedom for the very purpose of becoming hostelers and herbergeours. Even when this privilege was granted them, they were not suffered to compete on equal terms with the Englishman, being required to keep their houses "in the heart of the City," and rigidly155 excluded from the more profitable regions on the banks of the Thames.
The necessity of hostelers and herbergeours being freemen was due apparently to the survival of the old Saxon law of frank-pledge, which was still in force at the close of the reign of Edward III. No hosteler or herbergeour might entertain a stranger longer than a day and a night, unless he undertook to answer for his guest's behaviour, and he was left in no uncertainty156 as to the course of conduct he was expected to pursue towards the always undesirable157 alien. In many respects his position resembled that of a master of a workhouse rather than a speculative158 tradesman. Thus, at times when it was forbidden to carry arms in the City, it became his duty to take possession of his guests' arms and retain them until the strangers departed. If the latter did not comply with his demand, they were fined and imprisoned. At other times, when the regulations were not so severe, he had to tell his guests that they were not to carry arms after curfew rang, or go wandering about the streets of the City. Should it happen that urgent business compelled a guest to be absent from the hostel151 for a night, the keeper was obliged to warn him, with the best grace he might, that he must take care to be back as soon as possible.
Obviously there would have been much unfairness in making hostelers and herbergeours answer for the misdeeds of persons with whom they had only transient relations, if there had been no system for preventing the escape of dishonest and desperate characters who would be especially susceptible159 to the attractions of a great city and could not be held in check by the fatherly admonitions of an anxious host. Nor, again, was it to be supposed that the native population consisted wholly of highly moral and virtuous160 persons, incapable161 of such low crimes as burglary. To counteract162 the designs of these enemies of order, it was enacted163 temp. Edward I. that barriers and chains should be placed across the streets of the City and "more especially towards the water (Fleet River) near the Friars Preachers." From the same reign also dates an ordinance that the Aldermen and men of the respective wards37 should keep watch and ward36 on horseback at night, each Alderman keeping three horses for that object. Moreover, each of the City gates was placed in charge of a Sergeant-at-arms, who had his quarters over the gateway164. It was the duty of this official to keep guard by night, and he was assisted in this task by a watchman (wayte), whose wages he had to pay out of his own salary. The regulations of the City required that each gate should be kept in the daytime by two men, well armed; and on certain occasions the Bedel received orders to summon the men of the ward to watch the gate armed. If they did not attend in person, they had to find substitutes at their own expense.
One of the grandest spectacles in Old London was that of the Marching Watch on St. John's Day. Comprised in it were about two thousand men, some mounted, others on foot. There were "demilances" riding on great horses; gunners with harquebuses and wheel-locks; archers165 in white coats, bearing bent110 bows and sheafs of arrows; pikemen in bright corslets; and bill-men with aprons166 of mail. There was likewise a cresset train numbering nearly two thousand men. Each cresset—flaming rope, soaked in pitch, in an iron frame held aloft on a shaft—was carried by one man and served by another. Very imposing167 were the Constables168 of the Watch, with their glittering armour169 and gold chains, each preceded by his minstrel and followed by his henchman, and with his cresset bearer by his side. Then came the City waits (musicians) and the morris dancers—Robin Hood170, Maid Marian, and the rest; after whom appeared the Mayor, with his sword bearer, henchmen, footmen, and giants, followed by the Sheriffs. All the windows facing the street stood open, and there was no lack of distinguished171 spectators. To quote Nicols:
Kings, great peers, and many a noble dame138,
Whose bright, pearl-glittering robes did mock the flame
Of the night's burning lights, did sit to see
How every senator, in his degree,
Adorn'd with shining gold and purple weeds,
And stately mounted on rich trapped steeds,
Their guard attending, through the streets did ride
Before their foot-bands, graced with glittering pride
Of rich gilt172 arms, whose glory did present
A sunshine to the eye, as if it meant
Amongst the cresset lights shot up on high
To chase dark night for ever from the sky.
By the Setting of the Watch on Midsummer Eve appears to have been meant the stationing of these armed guards in various parts of the City, which they were to secure from harm on that night only. In the thirty-first year of his reign Henry VIII. abolished the Marching Watch, and substituted for it a permanent watch maintained out of the funds which had previously gone to support the great annual pageant173. For harnessed constables Londoners now had watchmen equipped with lanthorn and halberd, whose duty it was to call upon the sleeping citizens to hang out their lights, as required on dark wintry nights:
Lanthorn and a whole candle light.
Hang out your lights! Hear!
The next thing to be added was a bell. This institution was not popular with all; and Dekker, satirically expressing the feeling of the malcontents, defined the bell as "the child of darkness, a common night-walker, a man that had no man to wait upon him, but only a dog; one that was a disordered person, and at midnight would beat at men's doors, bidding them (in mere mockery) to look to their candles, when they themselves were in their dead sleeps."
Milton, on the other hand, makes grateful mention of the salutation as a lullaby and prophylactic174:
Far from all resort of mirth,
Save the cricket on the hearth175
Or the bellman's drowsy176 charm
To bless the doors from nightly harm.
Having said something of the means employed to prevent crime and arrest criminals, we must go on to refer to the punishments in vogue177 in the event of conviction. And here it may be observed that, among other interferences with commerce and the liberty of the subject, hostelers were not allowed to make either bread or beer. The former they were compelled by public enactment148 to buy from the baker178, and the latter from the brewer179 or brewster (female brewer). But the City, if it defended what was esteemed180 the legitimate181 claim of the baker to a proper livelihood182, was equally solicitous183 for the welfare of his customers, and woe184 betide the baker who sold bread deficient185 in weight or quality! For the first offence he was drawn186 on a hurdle187 from the Guildhall through the principal streets, which would be thronged188 with people and foul189 with traffic, and hanging from his neck was the guilty loaf. In the Record-room at the Guildhall is an Assisa Panis containing a pen-and-ink sketch191 of the ceremony, from which it appears that the unhappy tradesman wore neither shoes nor stockings and had his arms strapped192 to his sides. It seems also that the hurdle was drawn by two horses, which suggests that it was rattled193 along at an inconsiderate pace. For the second offence the baker was again conveyed on a hurdle "through the great streets of Chepe," and he further underwent an hour's exposure in the pillory194, probably erected in Cheapside, with what consequences may be imagined. If he proved so incorrigible195 as to commit the offence a third time, the hurdle was again requisitioned, but, public patience being exhausted196, his oven was demolished197 and he was forced to abjure40 his trade of baker in the City for ever. From the reign of Edward II. the penalty of the hurdle was no longer imposed for the first offence, the pillory being employed instead.
Exposure in the pillory was a favourite prescription198, a kind of judicial panacea199, to which all sorts of the morally infirm were introduced in turn. Mr. Riley has compiled a list of the sins atoned200 for by such involuntary penance201, which, if we were guided by that alone, would testify to a shocking state of depravity in the Metropolis202. Culling203 from this catalogue, we find that the pillory was considered a fitting reward for various impostures: pretending to be a holy hermit204; pretending to be the son of the Earl of Ormond; pretending to be a physician; pretending to be the summoner of the Archbishop of Canterbury and so summoning the Prioress of Clerkenwell; pretending to be one of the Sheriff's sergeants205 and meeting the bakers206 of Stratford and arresting them with a view to fradulently extorting207 a fine, etc., etc. Scandalum magnatum also merited the pillory—a fact brought home to an idle gossip who occupied that uneasy elevation208 for "telling lies" about the famous Mayor, William Walworth. "Telling lies" of John Tremayne the Recorder was, in the same way, held to justify209 a public exhibition of the impudent210 and imprudent person. So, too, anti-social forestalling211.
There were cases, however, in which this common method of advertising212 paltry213 offences was thought not to involve an adequate degree of notoriety and reprobation214. We have already adduced one instance—that of the unscrupulous baker—in which it was attempted to evoke215 superior indignation. There were others. The natural destiny of impostors was, as we have seen, the pillory; among the qualifications for this shadow of crucifixion being "pretending to be a physician."
The civic216 fathers endeavoured to cope with the "social evil" by drenching217 all engaged in immoral traffic with nauseous doses of public ridicule218. Thus, if a man were convicted of keeping a house of ill-fame, immediately his hair and beard were shaved off, save for a fringe (liste) on his head two inches in breadth. He was then conveyed to the pillory, accompanied by minstrels, and there he had to abide at the discretion of the Mayor and Aldermen. If he was found guilty of the offence a third time, he was compelled to abjure the City.
A woman convicted of being a common night-walker was committed to prison—probably the Tun, on Cornhill—and thence she was led to Aldgate with a hood of rayed cloth on her head and a white wand in her hand. Next she was escorted by musicians to the thewe (pillory)—in Cheap, probably—and there the character of her offence was proclaimed. Finally, she was taken through Cheap and Newgate to "Cokkeslane" without the walls, where she was required to dwell. If guilty a third time, her hair was cropped close, while she stood in the pillory, and she was marched to one of the gates and made to abjure the City for the remainder of her life. A procurer or procuress was also set in the thewe to the accompaniment of music, with a "distaf with towen"—i.e., a distaff dressed with flax—in his or her hand; and the transgressor219 was made to serve as a public spectacle for such time as the Mayor and Aldermen deemed fit. A priest detected in the company of a loose female, if she were single, was conveyed to the Tun, attended by musicians; and upon a third conviction he was forced to abjure the City for ever, the woman meanwhile being taken to one of the Sheriff's Counters and thence to the Tun. If his partner in guilt190 chanced to be married, both of them were conducted to one of the Counters, or to Newgate, and after that to the Guildhall; and in the event of conviction they were removed to Newgate, where their heads were shaved like those of thieves. This done, they were led with the inevitable music through Cheap, and lastly incarcerated220 in the Tun during the pleasure of the Mayor and Aldermen. The same procedure was observed if the male offender221 was a married layman222.
Incidentally in the course of the narrative223 we have mentioned various instances of interference with business. We may conclude the chapter by citing a few more, and, as we have spoken of bakers, illustrations may be drawn from that trade. Every baker dwelling within the walls was obliged to have his own seal for impressing the loaves, and these seals were periodically inspected by the Alderman of the Ward, who kept a counterpart of the impression. A baker might not sell bread "before his oven" or in any secret place—only in the King's markets; and to every baker was assigned his market, to which the bread was carried in baskets hence called panniers. "Panyers Alley," in Newgate Street, was a famous stand for bakers' boys. Bread was sold also by female hucksters or regratresses, who received it from the bakers and delivered it from house to house. They were allowed to have thirteen batches225 for twelve, which is the origin of the phrase "baker's dozen," and the extra batch224 represented their legitimate profit; but a practice grew up whereby they obtained sixpence on Monday mornings as estrene, and threepence on Fridays as "curtasie money." This was disallowed226 by ordinance on pain of amercement, and bakers were admonished227, in lieu of such payments, to increase the size of the loaf "to the profit of the public."
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1
strictly
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| adv.严厉地，严格地；严密地 | |
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purely
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| adv.纯粹地，完全地 | |
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affected
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| adj.不自然的，假装的 | |
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possessed
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| adj.疯狂的；拥有的，占有的 | |
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statute
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| n.成文法，法令，法规；章程，规则，条例 | |
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sufficiently
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| adv.足够地，充分地 | |
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inter
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| v.埋葬 | |
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writ
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| n.命令状，书面命令 | |
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vouch
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| v.担保；断定；n.被担保者 | |
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warranty
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| n.担保书，证书，保单 | |
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judgment
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| n.审判；判断力，识别力，看法，意见 | |
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communal
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| adj.公有的，公共的，公社的，公社制的 | |
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tenement
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| n.公寓；房屋 | |
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tenements
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| n.房屋，住户，租房子( tenement的名词复数 ) | |
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15
mere
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| adj.纯粹的；仅仅，只不过 | |
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16
alienation
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| n.疏远；离间；异化 | |
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17
justification
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| n.正当的理由；辩解的理由 | |
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18
infraction
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| n.违反；违法 | |
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19
abide
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| vi.遵守；坚持；vt.忍受 | |
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20
contention
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| n.争论，争辩，论战；论点，主张 | |
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21
testament
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| n.遗嘱；证明 | |
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22
override
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| vt.不顾，不理睬，否决；压倒，优先于 | |
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wrangle
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| vi.争吵 | |
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24
oust
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| vt.剥夺，取代，驱逐 | |
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25
franchise
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| n.特许，特权，专营权，特许权 | |
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26
trespass
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| n./v.侵犯，闯入私人领地 | |
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27
statutes
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| 成文法( statute的名词复数 )； 法令； 法规； 章程 | |
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28
virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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29
exemption
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| n.豁免，免税额，免除 | |
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30
jurisdiction
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| n.司法权，审判权，管辖权，控制权 | |
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31
entrusted
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| v.委托，托付( entrust的过去式和过去分词 ) | |
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32
apprehended
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| 逮捕，拘押( apprehend的过去式和过去分词 )； 理解 | |
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33
apparently
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| adv.显然地；表面上，似乎 | |
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34
imprisoned
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| 下狱，监禁( imprison的过去式和过去分词 ) | |
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35
upwards
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| adv.向上，在更高处...以上 | |
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36
ward
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| n.守卫，监护，病房，行政区，由监护人或法院保护的人（尤指儿童）；vt.守护，躲开 | |
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37
wards
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| 区( ward的名词复数 )； 病房； 受监护的未成年者； 被人照顾或控制的状态 | |
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38
clog
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| vt.塞满，阻塞；n.[常pl.]木屐 | |
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39
abjured
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| v.发誓放弃( abjure的过去式和过去分词 )；郑重放弃（意见）；宣布撤回（声明等）；避免 | |
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40
abjure
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| v.发誓放弃 | |
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41
restitution
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| n.赔偿；恢复原状 | |
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42
alleged
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| a.被指控的，嫌疑的 | |
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43
corporate
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| adj.共同的，全体的；公司的，企业的 | |
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44
chattels
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| n.动产，奴隶( chattel的名词复数 ) | |
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45
toll
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| n.过路(桥)费；损失，伤亡人数；v.敲(钟) | |
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46
seizure
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| n.没收；占有；抵押 | |
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47
opposition
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| n.反对，敌对 | |
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48
repudiated
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| v.（正式地）否认( repudiate的过去式和过去分词 )；拒绝接受；拒绝与…往来；拒不履行（法律义务） | |
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49
ambiguity
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| n.模棱两可；意义不明确 | |
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50
reign
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| n.统治时期，统治，支配，盛行；v.占优势 | |
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51
precisely
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| adv.恰好，正好，精确地，细致地 | |
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52
transgressed
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| v.超越( transgress的过去式和过去分词 )；越过；违反；违背 | |
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53
confiscated
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| 没收，充公( confiscate的过去式和过去分词 ) | |
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54
linen
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| n.亚麻布，亚麻线，亚麻制品；adj.亚麻布制的，亚麻的 | |
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55
sundry
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| adj.各式各样的，种种的 | |
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56
ordinances
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| n.条例，法令( ordinance的名词复数 ) | |
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57
ordinance
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| n.法令；条令；条例 | |
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58
specified
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| adj.特定的 | |
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59
tenant
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| n.承租人；房客；佃户；v.租借，租用 | |
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60
arrears
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| n.到期未付之债，拖欠的款项；待做的工作 | |
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61
erecting
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| v.使直立，竖起( erect的现在分词 )；建立 | |
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62
entailing
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| 使…成为必要( entail的现在分词 )； 需要； 限定继承； 使必需 | |
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63
adoption
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| n.采用，采纳，通过；收养 | |
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64
inevitable
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| adj.不可避免的，必然发生的 | |
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65
tenaciously
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| 坚持地 | |
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66
isolation
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| n.隔离，孤立，分解，分离 | |
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67
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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68
subsisted
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| v.（靠很少的钱或食物）维持生活，生存下去( subsist的过去式和过去分词 ) | |
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69
feudal
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| adj.封建的，封地的，领地的 | |
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70
antagonism
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| n.对抗，敌对，对立 | |
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71
slumbering
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| 微睡，睡眠（slumber的现在分词形式） | |
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72
hardy
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| adj.勇敢的，果断的，吃苦的；耐寒的 | |
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73
barons
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| 男爵( baron的名词复数 )； 巨头； 大王； 大亨 | |
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74
monarch
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| n.帝王，君主，最高统治者 | |
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75
conclusively
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| adv.令人信服地，确凿地 | |
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76
contagion
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| n.(通过接触的疾病)传染；蔓延 | |
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77
affiliation
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| n.联系，联合 | |
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78
illustrated
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| adj. 有插图的，列举的 动词illustrate的过去式和过去分词 | |
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79
continental
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| adj.大陆的，大陆性的，欧洲大陆的 | |
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80
succinct
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| adj.简明的，简洁的 | |
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81
proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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82
inquiry
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| n.打听，询问，调查，查问 | |
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83
advert
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| vi.注意，留意，言及；n.广告 | |
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84
briefly
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| adv.简单地，简短地 | |
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85
borough
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| n.享有自治权的市镇；(英)自治市镇 | |
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86
testimony
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| n.证词；见证，证明 | |
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87
colonization
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| 殖民地的开拓，殖民，殖民地化； 移殖 | |
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88
sentimental
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| adj.多愁善感的，感伤的 | |
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relatively
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| adv.比较...地，相对地 | |
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90
incorporation
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| n.设立，合并，法人组织 | |
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91
industrious
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| adj.勤劳的，刻苦的，奋发的 | |
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92
embarkation
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| n. 乘船, 搭机, 开船 | |
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93
vivacious
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| adj.活泼的，快活的 | |
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94
almighty
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| adj.全能的，万能的；很大的，很强的 | |
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95
amity
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| n.友好关系 | |
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96
solely
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| adv.仅仅，唯一地 | |
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97
ERECTED
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| adj. 直立的，竖立的，笔直的 vt. 使 ... 直立，建立 | |
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98
exchequer
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| n.财政部；国库 | |
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99
follower
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| n.跟随者；随员；门徒；信徒 | |
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100
sterling
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| adj.英币的(纯粹的，货真价实的)；n.英国货币(英镑) | |
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101
extraordinarily
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| adv.格外地；极端地 | |
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102
sinister
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| adj.不吉利的，凶恶的，左边的 | |
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103
restrictions
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| 约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则） | |
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104
intrusive
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| adj.打搅的；侵扰的 | |
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105
rivalry
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| n.竞争，竞赛，对抗 | |
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106
levied
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| 征（兵）( levy的过去式和过去分词 )； 索取； 发动（战争）； 征税 | |
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107
tolls
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| （缓慢而有规律的）钟声( toll的名词复数 )； 通行费； 损耗； （战争、灾难等造成的）毁坏 | |
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108
patronage
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| n.赞助，支援，援助；光顾，捧场 | |
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109
incumbents
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| 教区牧师( incumbent的名词复数 )； 教会中的任职者 | |
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110
bent
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| n.爱好，癖好；adj.弯的；决心的，一心的 | |
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wardens
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| n.看守人( warden的名词复数 )；管理员；监察员；监察官 | |
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112
haggle
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| vi.讨价还价，争论不休 | |
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113
penal
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| adj.刑罚的；刑法上的 | |
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114
previously
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| adv.以前，先前（地） | |
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115
eavesdropping
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| n. 偷听 | |
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116
embodied
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| v.表现( embody的过去式和过去分词 )；象征；包括；包含 | |
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117
recur
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| vi.复发，重现，再发生 | |
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118
forth
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| adv.向前；向外，往外 | |
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119
geographical
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| adj.地理的；地区(性)的 | |
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120
Oxford
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| n.牛津（英国城市） | |
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121
variance
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| n.矛盾，不同 | |
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122
advisory
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| adj.劝告的，忠告的，顾问的，提供咨询 | |
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123
derived
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| vi.起源；由来；衍生；导出v.得到( derive的过去式和过去分词 )；（从…中）得到获得；源于；（从…中）提取 | |
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124
boroughs
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| （尤指大伦敦的）行政区( borough的名词复数 )； 议会中有代表的市镇 | |
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125
tenure
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| n.终身职位；任期；(土地)保有权，保有期 | |
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126
ascertained
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| v.弄清，确定，查明( ascertain的过去式和过去分词 ) | |
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127
forfeited
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| （因违反协议、犯规、受罚等）丧失，失去( forfeit的过去式和过去分词 ) | |
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128
franchises
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| n.（尤指选举议员的）选举权( franchise的名词复数 )；参政权；获特许权的商业机构（或服务）；（公司授予的）特许经销权v.给…以特许权，出售特许权( franchise的第三人称单数 ) | |
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129
bishop
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| n.主教，（国际象棋）象 | |
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130
ordained
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| v.任命（某人）为牧师( ordain的过去式和过去分词 )；授予（某人）圣职；（上帝、法律等）命令；判定 | |
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131
enrolled
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| adj.入学登记了的v.[亦作enrol]( enroll的过去式和过去分词 )；登记，招收，使入伍（或入会、入学等），参加，成为成员；记入名册；卷起，包起 | |
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132
apprentice
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| n.学徒，徒弟 | |
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133
apprenticeship
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| n.学徒身份；学徒期 | |
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134
wont
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| adj.习惯于；v.习惯；n.习惯 | |
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135
deception
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| n.欺骗，欺诈；骗局，诡计 | |
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136
discretion
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| n.谨慎；随意处理 | |
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137
judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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138
dame
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| n.女士 | |
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139
refractory
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| adj.倔强的，难驾驭的 | |
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140
immoral
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| adj.不道德的，淫荡的，荒淫的，有伤风化的 | |
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141
dwelling
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| n.住宅，住所，寓所 | |
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142
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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143
obloquy
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| n.斥责，大骂 | |
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144
immediate
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| adj.立即的；直接的，最接近的；紧靠的 | |
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145
remains
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| n.剩余物，残留物；遗体，遗迹 | |
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146
inflicted
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| 把…强加给，使承受，遭受( inflict的过去式和过去分词 ) | |
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147
enactments
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| n.演出( enactment的名词复数 )；展现；规定；通过 | |
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148
enactment
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| n.演出，担任…角色；制订，通过 | |
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149
avocations
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| n.业余爱好，嗜好( avocation的名词复数 )；职业 | |
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presumption
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| n.推测，可能性，冒昧，放肆，[法律]推定 | |
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151
hostel
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| n.（学生）宿舍，招待所 | |
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152
Portuguese
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| n.葡萄牙人；葡萄牙语 | |
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153
hostels
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| n.旅舍，招待所( hostel的名词复数 )；青年宿舍 | |
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154
lodge
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| v.临时住宿，寄宿，寄存，容纳；n.传达室，小旅馆 | |
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155
rigidly
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| adv.刻板地，僵化地 | |
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156
uncertainty
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| n.易变，靠不住，不确知，不确定的事物 | |
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157
undesirable
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| adj.不受欢迎的，不良的，不合意的，讨厌的；n.不受欢迎的人，不良分子 | |
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158
speculative
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| adj.思索性的，暝想性的，推理的 | |
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159
susceptible
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| adj.过敏的，敏感的；易动感情的，易受感动的 | |
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160
virtuous
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| adj.有品德的，善良的，贞洁的，有效力的 | |
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161
incapable
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| adj.无能力的，不能做某事的 | |
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162
counteract
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| vt.对…起反作用，对抗，抵消 | |
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163
enacted
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| 制定（法律），通过（法案）( enact的过去式和过去分词 ) | |
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164
gateway
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| n.大门口，出入口，途径，方法 | |
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165
archers
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| n.弓箭手，射箭运动员( archer的名词复数 ) | |
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166
aprons
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| 围裙( apron的名词复数 )； 停机坪，台口（舞台幕前的部份） | |
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167
imposing
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| adj.使人难忘的，壮丽的，堂皇的，雄伟的 | |
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168
constables
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| n.警察( constable的名词复数 ) | |
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169
armour
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| （=armor）n.盔甲；装甲部队 | |
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170
hood
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| n.头巾，兜帽，覆盖；v.罩上，以头巾覆盖 | |
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171
distinguished
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| adj.卓越的，杰出的，著名的 | |
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172
gilt
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| adj.镀金的；n.金边证券 | |
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173
pageant
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| n.壮观的游行；露天历史剧 | |
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174
prophylactic
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| adj.预防疾病的；n.预防疾病 | |
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175
hearth
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| n.壁炉炉床，壁炉地面 | |
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176
drowsy
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| adj.昏昏欲睡的，令人发困的 | |
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177
Vogue
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| n.时髦，时尚；adj.流行的 | |
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178
baker
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| n.面包师 | |
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179
brewer
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| n. 啤酒制造者 | |
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180
esteemed
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| adj.受人尊敬的v.尊敬( esteem的过去式和过去分词 )；敬重；认为；以为 | |
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181
legitimate
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| adj.合法的，合理的，合乎逻辑的；v.使合法 | |
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182
livelihood
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| n.生计，谋生之道 | |
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183
solicitous
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| adj.热切的，挂念的 | |
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184
woe
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| n.悲哀，苦痛，不幸，困难；int.用来表达悲伤或惊慌 | |
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185
deficient
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| adj.不足的，不充份的，有缺陷的 | |
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186
drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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187
hurdle
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| n.跳栏，栏架；障碍，困难；vi.进行跨栏赛 | |
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188
thronged
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| v.成群，挤满( throng的过去式和过去分词 ) | |
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189
foul
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| adj.污秽的；邪恶的；v.弄脏；妨害；犯规；n.犯规 | |
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190
guilt
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| n.犯罪；内疚；过失，罪责 | |
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191
sketch
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| n.草图；梗概；素描；v.素描；概述 | |
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192
strapped
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| adj.用皮带捆住的，用皮带装饰的；身无分文的；缺钱；手头紧v.用皮带捆扎(strap的过去式和过去分词)；用皮带抽打；包扎；给…打绷带 | |
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193
rattled
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| 慌乱的，恼火的 | |
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194
pillory
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| n.嘲弄；v.使受公众嘲笑；将…示众 | |
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195
incorrigible
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| adj.难以纠正的，屡教不改的 | |
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196
exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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197
demolished
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| v.摧毁( demolish的过去式和过去分词 )；推翻；拆毁（尤指大建筑物）；吃光 | |
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198
prescription
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| n.处方，开药；指示，规定 | |
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199
panacea
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| n.万灵药；治百病的灵药 | |
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200
atoned
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| v.补偿，赎（罪）( atone的过去式和过去分词 )；补偿，弥补，赎回 | |
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201
penance
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| n.（赎罪的）惩罪 | |
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202
metropolis
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| n.首府；大城市 | |
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203
culling
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| n.选择，大批物品中剔出劣质货v.挑选，剔除( cull的现在分词 ) | |
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204
hermit
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| n.隐士，修道者；隐居 | |
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205
sergeants
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| 警官( sergeant的名词复数 )； （美国警察）警佐； （英国警察）巡佐； 陆军（或空军）中士 | |
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206
bakers
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| n.面包师( baker的名词复数 )；面包店；面包店店主；十三 | |
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207
extorting
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| v.敲诈( extort的现在分词 )；曲解 | |
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208
elevation
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| n.高度；海拔；高地；上升；提高 | |
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209
justify
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| vt.证明…正当(或有理)，为…辩护 | |
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210
impudent
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| adj.鲁莽的，卑鄙的，厚颜无耻的 | |
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211
forestalling
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| v.先发制人，预先阻止( forestall的现在分词 ) | |
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212
advertising
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| n.广告业；广告活动 a.广告的；广告业务的 | |
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213
paltry
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| adj.无价值的，微不足道的 | |
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214
reprobation
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| n.斥责 | |
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215
evoke
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| vt.唤起，引起，使人想起 | |
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216
civic
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| adj.城市的，都市的，市民的，公民的 | |
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217
drenching
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| n.湿透v.使湿透( drench的现在分词 )；在某人（某物）上大量使用（某液体） | |
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218
ridicule
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| v.讥讽，挖苦；n.嘲弄 | |
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219
transgressor
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| n.违背者 | |
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220
incarcerated
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| 钳闭的 | |
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221
offender
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| n.冒犯者，违反者，犯罪者 | |
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222
layman
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| n.俗人，门外汉，凡人 | |
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223
narrative
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| n.叙述，故事；adj.叙事的，故事体的 | |
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224
batch
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| n.一批(组，群)；一批生产量 | |
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225
batches
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| 一批( batch的名词复数 )； 一炉； （食物、药物等的）一批生产的量； 成批作业 | |
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226
disallowed
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| v.不承认（某事物）有效( disallow的过去式和过去分词 )；不接受；不准；驳回 | |
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227
admonished
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| v.劝告( admonish的过去式和过去分词 )；训诫；（温和地）责备；轻责 | |
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