A Source-Book of English Social History

by M. E. Monckton Jones

JURISDICTION DISPUTED

1247

In the same year ... a Justiciar sent by his lordship the King, came to St. Martin’s le Grand, to hear the record which had been given upon the plaint of Margery Vyel, ... in the previous year ...; as to which judgment the said Margery had made complaint to his lordship the King, and had found pledges to prove that the same was false.

Whereupon, the Mayor and citizens meeting there, the record having been read through, and all the writs of his lordship the King which the said Margery had obtained, having been read and heard, the Justiciar said: “I do not say that this judgment is false, but the process therein is faulty, as there is no mention made in this record of summons of the opponents of the said Margery, and, seeing that John Vyel, her husband, made a will, it did not pertain to your Court to determine such a plea as this.” To which the citizens made answer: “There was no necessity to summon those who had possession of the property of the deceased, for they were always ready, and proffered to stand trial at suit of the said Margery in our Court; and besides, we were fully able to entertain such plea by assent of the two parties, who did not at all claim or demand the Ecclesiastical Court, and seeing that his lordship the King by his writ commanded us to determine the same.”

At length, after much altercation ... the Justiciar said that they must shew all this to the King and his Council, and so they withdrew. Afterwards, however, and solely for this cause, his lordship the King took the City into his hand, and by his writ entrusted it to the custody of William de Haverille and Edward de Westminster, namely, on the Vigil of St. Bartholomew (24 August); whereupon, the Mayor and citizens went to the King at Wudestok, and shewed him that they had done no wrong; but they could not regain his favour....

Afterwards, on the Sunday before the Nativity of St. Mary (8 September), the Mayor and Sheriffs, by leave of the King, received the City into their hands, and a day was given them to make answer as to the aforesaid judgment before the King and his Barons.

A.D. 1248

In this year, the citizens of London, at the request of his lordship the King, not compelled, yet as though compelled, took their wares to the Fair of Westminster, on Saint Edward’s Day, and also the citizens of many cities of England, by precept of his lordship the King, repaired thither with their wares; all of whom made a stay at that fair of full fifteen days, all the shops and selds [large sheds] of the merchants of London being closed in the meantime.

And on the morrow of St. Edward, the Mayor and citizens appeared at Westminster, to make answer as to the judgment before mentioned ... his lordship the King requested them to permit the Abbot of Westminster to enjoy the franchises which the King had granted him in Middlesex, in exchange for other liberties which the citizens might of right demand. To which the citizens made answer, that they could do nothing as to such matter without the consent of the whole community. The King, however, on learning this, as though moved to anger, made them appear before him, and after much altercation had passed as to the said judgment ... counsel being at last held before his lordship the King between the Bishops and Barons, the Mayor and citizens were acquitted and took their departure.

A.D. 1249

In the same year, ... the citizens recovered before the King, two kinds of franchise, of which for many years they had been deprived, for the King granted that the Jews, who before had been held to warranty by writ of the Exchequer, should plead in future before the citizens as to their tenements in London. He also granted that the Chirographers of the Chest of the Jews [keepers of the bonds] should be tallaged like other citizens.

In this year, on Sunday in Midlent, nearly all the men, as well as women, of London having met together, in accordance with the precept of his lordship the King in the Great Hall at Westminster, his lordship the King assumed the Cross with the view of setting out in aid of the Holy Land. It is also to be noted, that after his lordship the King had repeatedly requested the citizens to grant to the Abbot of Westminster the franchises which we have already mentioned in this record, in this year, on the Wednesday, namely, in the week of Pentecost, there was a day of love appointed at the demand of his lordship the King, between the citizens and the Abbot; upon which day, the Mayor, and a countless multitude of the citizens with him, came to the New Temple, where the Abbot was, there being also present, William de Haverhill, the Treasurer, Henry de Ba, Roger de Turkelby, John de Gatesdene, Justiciars, and others who had been sent thither by the King. Upon these desiring to hold a conference with the Mayor and Aldermen, the whole of the populace opposed it, and would not allow them, without the whole of the commons being present, to treat at all of the matter; all of them exclaiming with one voice that in no point would they recede from their wonted franchises, which, by Charters of his lordship the King and his predecessors, they possessed.

Upon this, a day was given them by the Justiciars to appear before his lordship the King at Wyndlesore, the Tuesday following, namely; and solely for this reason the King took the City into his hands, and delivered it to William the Treasurer, and to Peter Blund, the Constable of the Tower, all the clerks and serjeants of the Sheriffwick paying obedience to them. On the day appointed, the Mayor and citizens appeared at Wyndlesore; when the King, wishing to harass them, compelled them, through his Justiciars, to shew cause why they had gainsaid the Charter which he had granted to the Abbot of Westminster.

The citizens however made answer, that they had had no day named for pleading there against the Abbot of Westminster, and that out of the City of London they were not bound to plead; and that if they had been bound to plead thereon, they ought not to receive any judgment as to the same in the absence of their peers, the Earls, namely Barons of England....

After this, consultations being held between the King and his Council, the City was restored to the citizens, and day was given them until the Translation of St. Edward (13 October).

A.D. 1250

... it was enacted by the citizens, that the Wardens of the Bridge, from that day forward, should have, take or claim nothing from the ships or property of citizens passing through the middle of the Bridge [drawbridge]; whereas before they had been wont to take twelve pence for every ship belonging to a citizen, the same as foreigners.

A.D. 1253

In this year, it was enacted by the community, that no one of the franchise of the City should in future pay scavage [due paid for right to display] for his beasts sold on the field of Smethefield, as before they had been wont. In this year, about the season of Lent, the Sheriffs of Middlesex, by precept of his lordship the King, caused all wears to be destroyed that stood in the Thames towards the west; and at this time many nets which were injurious, were burnt in Westchep. Afterwards and before Pentecost, the Sheriffs of London, seeing that the water of Thames pertains to London, by precept of his lordship the King destroyed all the other wears from London to the sea.

A.D. 1254

In this year Ralph Hardel was elected Mayor of London.... And immediately after this, the Barons (of the Exchequer) shewed a writ of his lordship the King, by which precept was given unto them that they should take the City into the King’s hands, for non-observance in the City of the assize of bread and ale. And although the citizens ought not to be molested for such a default as this, but only the Sheriffs, if convicted thereof; still the City was taken into the King’s hands, and delivered into the custody of John de Gyseorz, the said John being sworn before the Barons; after which the clerks and all the serjeants of the Sheriffs, as also the Wardens of the Gates, the Thames and the Gaol, were there sworn. And all this had been discussed in the Parliament aforesaid, because the citizens, being divided among themselves, would not appear there before Earl Richard, as they had promised him, to put an end to a matter on which they had frequently entreated him before, namely, the Exchange.

Afterwards the citizens waited upon the Earl to entreat his favour; whereupon he named to them a day at London, saying that he would do nothing therein without counsel of the King, to whom a moiety of the issues of the Exchange belonged. After this, on the third day after the Feast of St. Edmund the Archbishop, the citizens of Westminster made fine to the said Earl before the Council of his lordship the King, in a sum of 600 marks; whereupon all claims were remitted on account of the Exchange, and the Mayor and Sheriffs were restored to their bailiwicks.

(King Henry attempts to make the City answerable for a felon escaped from Newgate).

To this the citizens made answer, that the custody of the Gaol does not belong to them, but to the Sheriffs only. Whereupon answer was made to them by the King, that as they make the Sheriffs, they themselves ought to be answerable for them. To this the citizens said, that they do not make the Sheriffs, but only have to choose them, and present them to the Barons of his lordship the King; and that such Sheriffs can do nothing in respect of their office, before they have been admitted at the Exchequer; that in no point ought they to be answerable for the Sheriffs, save only as to the ferm due from the Sheriffwick, and only then, when the Sheriffs themselves are not of sufficient means to pay the ferm.