Whatever the meaning of ‘Wekare,’ there can be no doubt of the insult conveyed by Robert Sutton to Roger of Portland, clerk of the Sheriff of London, when he exclaimed in full court, ‘Tprhurt, tprhurt!’ This monosyllable is a very trumpet blast of contempt and its significance surely did not require to be emphasised by Robert’s ‘raising his thumb’—whether to his nose or not it is not stated, which is a pity, as it would have been interesting to find the ‘long nose’ flourishing in 1290. City Officers, and more particularly mayors and aldermen, were very touchy, seeing and punishing ‘vile and abominable abuse’ in the most harmless retort, and my sympathy is certainly with Collard, the cobbler, who was sent to prison at Norwich because, when the mayor ordered him to take off his beard he refused to do so and said, ‘Noo, I was ones shaven and I made an othe I wolde never have off my berde again, I was so evell shaven.’ Still there is no doubt that however arbitrary the authorities may have been they also had their trials, and, if officials often abused their powers, their was another side to the question. Smaller men than William de Braose could, upon occasion, tell the judges what they thought of them. In 1300 one Henry de Biskele came into the Sussex county court and asked leave to say certain matters ‘on the king’s behalf,’ and having thus obtained silence and the attention of the whole court, he broke out into violent abuse of one of the justices, calling him a liar and using other opprobrious terms, for which he was lucky to escape with a fine of 20s. Some fifty years later a more violent act of contempt of court occurred at Pevensey. John de Molyns, the Queen’s steward, came to hold a court there, but being busy appointed a deputy to take his place in the morning; this official seems to have irritated the townsmen, and when he ordered them to withdraw outside the bar, contrary to their local custom, Roger Porter replied by challenging him to come outside and fight. During the luncheon interval the deputy reported the state of affairs, and in the afternoon the steward himself came to the court, preceded by the portreeve carrying his white wand of office, but the townsmen refused to come when summoned, Roger and Simon Porter in particular declaring that they were not bound to attend. At last the steward rose in wrath and started to seize the two Porters, who fled to their house and with drawn swords stood in the doorway. A pitched battle ensued between them and the steward’s men, in which several were injured, but in the end victory rested with the law.
‘... with drawn swords stood in the doorway.’
Even the King’s Court at Westminster was not safe from disturbance. In 1332 John Parles, acting as attorney for Adam Basset in a plea of debt against Florence de Aldham, was waiting in the great hall at Westminster, where the court was in session. He was sitting on a table ‘close to the sellers of jewels,’ from which it would seem that the lower end of the hall was used for stalls, or at any rate for peddling jewellery, even while cases were proceeding. Presently Florence came up with two men and abused John Parles, threatening to kill him if he did not abandon the suit; Richard Calware dragged him off the table and struck him a blow which drew blood and Thomas Newark whipped out a knife and would have killed him if he had not been restrained. John at once made his way to the bar and complained to the judges, who ordered the arrest of his assailants, but they struggled towards the door and were joined by Thomas of Thornhamton with his sword drawn. But the clerks of the court, apprentices, and attorneys barred the doors and disarmed them, and they were all handed over to the warden of the Tower.
In all these cases the disturbers of the peace met with prompt defeat, but sometimes they were more successful, though their success was usually temporary and vengeance overtook them sooner or later. No courts seem to have been so unpopular as those of the Church; dealing with moral offences, they touched the lives of the people in a way which must have led to constant irritation, even if the archdeacons and their summoners had not been unfair and extortionate. That they were so was the pretty general opinion of mediæval Englishmen, from Chaucer to his contemporary John Belgrave, who, when the archdeacon of Leicester was going to hold a court, set up in his church a clearly written bill setting forth that the archdeacon and his officials might well rank with the judges who condemned Susannah, giving unrighteous judgment, oppressing the innocent, and suffering evildoers. This so terrified the archdeacon and his officials, possibly made cowards by their consciences, that they dared not hold their courts. Civil courts were also liable to be broken up, especially the open-air courts held by sheriffs. On one occasion, in the fourteenth century, when the sheriff of Sussex was holding such a court, John Ashburnham rode up, with a small boy bearing his tabard, and so threatened the sheriff that he incontinently fled. To hasten his going Ashburnham whistled on his fingers—a street-boy’s accomplishment to which I must admit I have never managed to attain in spite of repeated efforts—at which whistle his esquire and other men in ambush suddenly rose up. Even the assize courts were liable to be interfered with, especially in the north, and at the end of the reign of Edward II. there were in Lancashire several men of position who rode about with armed bands and turned up at the courts with fifty or sixty ruffians to persuade their adversaries not to proceed with their suits, or, if such peaceful picketing proved unavailing, to terrorise the justices. Chief of these was Sir Walter Bradshaw. He had been one of the sworn adherents of Sir Adam Banaster in his rebellion, and having assisted in the attack on Liverpool Castle and the capture of Halton, had fled the country after the defeat of his friends at Preston. Returning later, he carried on a private war with Sir Richard de Holand, another ruffian of the same kidney, each of them riding about with small armies, oppressing each other’s tenants and openly defying the courts. These quarrels between county families were undoubtedly more exciting when the process of cutting one another was conducted with swords instead of with averted eyes and upturned noses, but whether they were more conducive to the merriness of their rival retainers may be doubted. These retainers, if we may trust Sir Ralph Evers, did not always play their parts with the politeness and courtesy which their masters displayed, and, in fact, on one occasion he remonstrated with Sir Roger Hastings’ servant, saying, ‘Ye false hurson kaytyffes, I shall lerne you curtesy and to knowe a gentilman.’ It is possible that he was feeling irritated at the time, as he had been lying in wait to ambush Sir Roger, and it must have been annoying to find that he had only caught his servants. Sir Roger himself seems to have been rather quick-tempered; he had a grudge against one Ralph Jenner, and on his way to church on Christmas Day discovered that Ralph was in the church; he at once decided that the season of peace and goodwill was a suitable occasion to make an end of his quarrel (and of his adversary), but the vicar flung himself on his knees before him, while Lady Hastings ran up to Ralph Jenner exclaiming, ‘Woo worthe man this day! The chirche wolbe suspended and thou slayn withoute thou flee away and gette thee oute of his sighte.’ Whereupon Ralph, either out of consideration for the parishioners or himself, prudently fled.
‘He incontinently fled.’
It sometimes happened that these imperious gentry reaped the reward of their own lawlessness and goaded their oppressed tenants to active rebellion. As early as the twelfth century the sheriff of Hants is found grimly entering in his accounts money spent on doing justice on the peasants who burned their lord. At Faccombe in the same county, in 1426, John Punchardon, lord of the manor, was dragged from his bed one Sunday night, carried out into the fields, and there done to death. In this case there was probably some personal feeling in the matter, as the murderers included five members of the family of Cosyn, whose ancestors had formerly held the manor, but who had now come down to the position of labourers. A case in which the motive of rebellion was more clearly resentment to oppression occurred at Preston in Sussex, in 1280, when the villeins of Simon de Pierpoint set fire to his manor-house, and with drawn knives and flourished axes compelled him to swear upon the Gospels that he would demand no services from them without their consent, and would take no action against them for their violence. At the same time they destroyed their lord’s tabard, so beat his charger that it could never be used again and slew his ‘gentle falcon,’ thus wreaking their wrath on the outward signs of his nobility. Such revolts were much more common in towns; for instance, at Lynne, in 1313, when Robert Muhaut tried to exercise his authority in a new direction, a crowd of tradesmen, under the leadership of the prior, assaulted his house, dragged him out and made him stand on a stall in the market-place and swear on the Host that he would not interfere with the town officers. At Bristol, also about the same time, the burgesses quarrelled with the castellan, barricaded the streets and erected an embattled wall from behind which they shot into the castle, and at Oxford the watchmen were on several occasions shot at with arrows:—I have known, in more recent times, a casual shot at a proctor with a lump of sugar have more disastrous effects—to the shooter.