“Battles shall never eft (again) be, ne man bear edge-tool,
And if any man [smithy] it, be smit therewith to death.”[239]
II. Nor even in times of peace might the burghers lay aside their arms, for trouble was never far from their streets. Every inhabitant was bound to have his dagger or knife or Irish “skene,” in case he was called out to the king’s muster or to aid in keeping the king’s peace. But daggers which were effective in keeping the peace were equally effective in breaking it, and the town records are full of tales of brawls and riots, of frays begun by “railing with words out of reason,” or by “plucking a man down by the hair of his head,” but which always ended in the appearance of a short dagger, “and so drew blood upon each other.”[240] For the safety of the community—a safety which was the recognized charge of every member of these simple democratic states—each householder was bound to take his turn in keeping nightly watch and ward in the streets. It is true indeed that reluctant citizens constantly by one excuse or another sought to escape a painful and thankless duty: whether it was whole groups of inhabitants sheltering themselves behind legal pretexts; or sturdy rebels breathing out frank defiance of the town authorities. Thus in Aylesbury, according to the constable’s report, one “Reygg kept a house all the year till the watch time came. And when he was summoned to the watch then came Edward Chalkyll ‘fasesying’ and said he should not watch for no man and thus bare him up, and that caused the other be the bolder for to bar the King’s watch.... He saith and threateneth us with his master,” add the constables, “and thus we be over ‘crakyd’ that we dare not go, for when they be ‘may ten’ they be the bolder.” John Bossey “said the same wise that he would not watch for us”; and three others “lacked each of them a night.”[241] But in such cases the mayor’s authority was firmly upheld by the whole community, every burgher knowing well that if any inhabitant shirked his duty a double burden fell upon the shoulder of his neighbour.
III. All inhabitants of a borough were also deeply interested in the preservation of the boundaries which marked the extent of their dominions, the “liberties” within which they could enforce their own law, regulate trade, and raise taxes. Century after century the defence of the frontier remained one of the urgent questions of town politics, insistent, perpetually recurring, now with craft and treachery, now with violence and heated passion breaking into sudden flame. Every year the mayor and corporation made a perambulation of the bounds and inspected the landmarks;[242] the common treasure was readily poured out if lawsuits and bribes were needed to ascertain and preserve the town’s rights; and if law failed, the burghers fell back without hesitation on personal force. In Canterbury the town and the convent of Christ Church were at open war about this question as about many others. The monks remained unconvinced even though the mayor and council of thirty-six periodically “walked the bounds,” giving copper coins at the various turning points to “divers children” that they might remember the limits of the franchise, while they themselves were refreshed after their trouble by a “potation” in a field near Fordwich. At one time the quarrel as to the frontier raged round a gigantic ash-tree—the old land-mark where the liberties of the city touched those of Fordwich—which was in 1499 treacherously cut down by the partizans of Christ Church; the Canterbury men with the usual feastings and a solemn libation of wine set up a new boundary stone. At another time the dispute shifted to where at the west gate of the town the river wound with uncertain and changing course that left frontiers vague and undefined. A low marshy ground called the “Rosiers” was claimed by the mayor as under his jurisdiction, while the prior asserted that it was within the county of Kent; and for thirty years the question was fought out in the law courts. On July 16th, 1500, the mayor definitely asserted his pretensions by gathering two hundred followers arrayed in manner of war to march out to the Rosiers. There certain monks and servants of the prior were taking the air; one protested he had been “late afore sore sick and was walking in the field for his recreation”; another had a sparrow-hawk on his fist, and the servants declared they were but peaceful haymakers; but all had apparently gone out ready for every emergency, for at the appearance of the enemy bows and arrows, daggers, bills, and brigandiers, were produced from under the monks’ frocks and the smocks of the haymakers. In the battle that followed the monks were beaten, and the citizens cut down willows and stocked up the dyke made in the river by the convent; and boldly proceeded the next day[243] to other outrages. The matter was brought to judgement, and a verdict given against the mayor for riot—a verdict which that official, however, lightly disregarded. It was in vain that the prior, wealthy and powerful as he was, and accustomed to so great influence at court, appealed to the Star Chamber to have the penalty enforced, for no further steps were taken by the government. It probably judged wisely, since in such a matter the temper of the citizens ran high; and the rectification of frontiers was resented as stoutly as a new delimitation of kingdoms and empires to-day.
IV. Resolution in the defence of their territory was no doubt quickened by the sense which every burgess shared of common property in the borough. The value of woodland and field and meadow which made up the “common lands” was well understood by the freeman who sent out his sheep or cows to their allotted pasture, or who opened the door of his yard in the early morning when the common herd went round the streets to collect the swine and drive them out on the moor till evening.[244] The men of Romney did not count grudgingly their constant labour and cost in measuring and levelling and draining the swamps belonging to their town and protecting them from the encroachments of “the men of the marsh” beyond, for the sake of winning grazing lands for their sheep, and of securing a “cow-pull” of swans or cygnets for their lord the archbishop[245] when it was desirable “to have his friendship.” In poor struggling boroughs like Preston, in large and wealthy communities like Nottingham, in manufacturing towns like Worcester with its busy population of weavers, in rich capitals like York, in trading ports like Southampton where the burghers had almost forgotten the free traditions of popular government, the inhabitants never relaxed their vigilance as to the protection of their common property.[246] They assembled year after year to make sure that there had been no diminishing of their rights or alienation of their land, or that in the periodical allotments the best fields and closes had not fallen to the share of aldermen and councillors; and by elaborate constitutional checks, or if these failed, by “riotous assembly and insurrection,” they denounced every attempt at encroachment on marsh or pasture.
V. So also in the case of other property which corporations held for the good of the community—fisheries, warrens, salt-pits, pastures reclaimed from the sea, plots of ground saved in the dry bed of a river, building sites and all waste places within the town walls, warehouses and shops and tenements, inns and mills, the grassy slopes of the city ditch which were let for grazing, the towers of the city walls leased for dwelling-houses or store rooms, any property bequeathed to the community for maintaining the poor or repairing the walls or paying tolls and taxes all this corporate wealth which lightened the burdens of the taxpayer was a matter of concern to every citizen. The people were themselves joint guardians of the town treasure. Representatives chosen by the burghers kept one or two of the keys of the common chest, which could only be opened therefore with their consent.[247] Year after year mayor or treasurers were by the town ordinances required to present their accounts before the assembly of all the people “in our whole community, by the tolling of the common bell calling them together for that intent”[248]—an assembly that perhaps gathered in the parish church in which seats were set up for the occasion at the public expense.[249] There the people heard the list of fines levied in the courts; of tolls in the market, or taxes taken at the gates or in the harbour; of the “maltodes,” or sums paid on commodities for sale; of the “scot” levied on the property of individuals; of the “lyvelode” or livelihood, an income tax on rates or profits earned. They learned what means the corporation had taken of increasing the common revenue; whether it had ordered a “church-ale,” or an exhibition of dancing girls, or a play of Robin Hood;[250] what poor relief had been given in the past year;[251] what public loans with judicious usury of over ten per cent., it had allowed, as when in Lydd “the jurats one year lent Thomas Dygon five marks from the common purse when going to the North Sea, and he repaid the same well and trustily and paid an increase thereon seven shillings;” or they were told whether the Town Council proposed to do a little trading for the good of the community; and how a “common barge” had been built with timber bought at one town, cables and anchors at another, pitch and canvas at a third; and how, when the ship was finished, the corporation paid for a modest supply of “bread and ale the day the mast was set in the barge,” before it was sent out to fish for herrings or to speculate in a cargo of salt or wine, for the profit of the public treasury.[252]
Lessons in common financial responsibility had been early forced on the burghers everywhere by the legal doctrine that the whole body might be held responsible for the debt of one of its members, while each member on his part was answerable for the faults of his fellows, whether singly or collectively. Thus when Norwich failed in paying debts due to the King in 1286, the sheriff of Norfolk was ordered to enter the liberty and distrain twelve of the richer and more discreet persons of the community;[253] and when the rent of Southampton was in arrears, one of its burgesses was thrown into the Fleet in London.[254] Under such a system as this the ordinary interest of citizens in questions of taxation and expenditure was greatly quickened. The municipalities were stern creditors. If a man did not pay his rent for the King’s ferm the doors and windows of his house were taken off, everyone in it turned out, and the house stood empty for a year and a day or even longer before the doors might be redeemed in full court, or before it passed to the next heir.[255] But it was probably rather owing to the happy circumstances of the English towns than to the vigilance of the burghers that there is no case in England of a disaster which was but too common in France—the disaster of a borough falling into bankruptcy, and through bankruptcy into servitude and political ruin.
VI. In the town communities of the middle ages all public works were carried out by what was in fact forced labour of the whole commonalty. If the boroughs suffered little from government interference neither could they look for help in the way of state aid or state loans; and as the burgher’s purse in early days was generally empty he had to give of the work of his hands for the common good. In Nottingham “booners”—that is the burgesses themselves or substitutes whom they provided to take their place—repaired the highways and kept the streets in order.[256] The great trench dug at Bristol to alter the course of the Frome was made “by the manœuvre of all the commonalty as well of Redcliffe ward as of the town of Bristol.[257] When Hythe in 1412 sent for a Dutch engineer to make a new harbour, all the inhabitants were called out in turn to help at the “Delveys” or diggings. Sundays and week days alike the townsmen had to work, dining off bread and ale provided by the corporation for the diggers, and if they failed to appear they were fined fourpence a day.[258] In the same way Sandwich engaged a Hollander to superintend the making of a new dyke for the harbour; the mayor was ordered to find three workmen to labour at it, every jurat two, and each member of the Common Council one man; while all other townsmen had to give labour or find substitutes according to their ability. The jurats were made overseers, and were responsible for the carrying out of the work; and so successfully was the whole matter managed that in 1512 the Sandwich haven was able to give shelter to 500 or 600 hoys.
Forced labour such as this could of course only be applied to works where skilled artificers were not necessary; but occasions soon multiplied when the town mob had to be replaced by trained labourers, and we already see traces of a transitional system in the making of the Hythe harbour, where the municipality had to engage hired labour for such work as could not be done by the burgesses.[259] But undertakings for which scientific skill was needed sorely taxed local resources, and the burghers were driven to make anxious appeals to public charity. In 1447, when Bridport wanted to improve its harbour, collectors were sent all over the country to beg for money; indulgences of forty or a hundred days were promised to subscribers by archbishops and bishops; and a copy of the paper carried by one of the collectors gives the sum of the masses said for them in the year as amounting to nearly four thousand: “the sum of all other good prayers no man knoweth save only God alone.”[260] The building and repairing of bridges as being also work that demanded science and skilled labour involved serious cost. When the King had allowed the bridge at Nottingham to fall into the river, he generously transferred its ownership and the duty of setting it up again to the townspeople; who appointed wardens and kept elaborate accounts and bore grievous anxiety, till finding its charges worse than all their ordinary town expenses they at last fell to begging also. So also the mayor of Exeter prayed for help in the matter of the bridge there, which had been built by a wealthy mayor and was “of the length or nigh by, and of the same mason work as London Bridge, housing upon except; the which bridge openly is known the greatest costly work and most of alms-deeds to help it in all the west part of England.”[261] Such instances reveal to us the persistent difficulties that beset a world where primitive methods utterly failed to meet new exigencies, and where the demand for technical quality in work was beginning to lead to new organizations of labour. Meanwhile the burghers had to fight their own way with no hope of grants in aid from the state, and little to depend on save the personal effort of the whole commonalty.
VII. The townspeople all took their part not only in the serious and responsible duties of town life but apparently in an incessant round of gaieties as well. All the commons shared in supporting the minstrels and players of the borough. The “waits” (so called from the French word guet) were originally and still partly remained watchmen of the town, but it was in their character of minstrels, “who go every morning about the town piping,” that they were paid by pence collected by the wardmen from every house.[262] Every town moreover had its particular play, which was acted in the Town Hall, or the churchyard, before the Mayor and his brethren sitting in state, while the whole town kept holiday. In 1411 there was a great play, From the Beginning of the World, at the Skinner’s well in London, “that lasted seven days continually, and there were the most part of the lords and gentles of England.”[263] At Canterbury the chief play was naturally The Martyrdom of S. Thomas. The cost is carefully entered in the municipal account books—charges for carts and wheels, flooring, hundreds of nails, a mitre, two bags of leather containing blood which was made to spout out at the murder, linen cloth for S. Thomas’ clothes, tin foil and gold foil for the armour, packthread and glue, coal to melt the glue, alb and amys, knights’ armour, the hire of a sword, the painting of S. Thomas’ head, an angel which cost 22d., and flapped his wings as he turned every way on a hidden wynch with wheels oiled with soap. When all was over the properties of the pageant were put away in the barn at S. Sepulchre’s Nunnery, and kept safely till the next year at a charge of 16d. The Canterbury players also acted in the Three Kings of Cologne at the Town Hall, where the kings, attended by their henchmen, appeared decorated with strips of silver and gold paper and wearing monks’ frocks. The three “beasts” for the Magi were made out of twelve ells of canvas distended with hoops and laths, and “painted after nature”; and there was a castle of painted canvas which cost 3s. 4d. The artist and his helpers worked for six days and nights at these preparations and charged three shillings for their labour, food, fire and candle.[264]