The story of Coventry

by Mary Dormer Harris

The Earl's charter, a model of the exquisite penmanship of the twelfth century, runs thus:—

"Ranulf, Earl of Chester, to all his barons, constables, bailiffs, servants, men and friends, French and English, present and future, greeting. Know ye, that I have given to my burghers of Coventry, and confirmed in this my charter,[78] all things which are written in the same. Namely, that the said burghers and their heirs may hold well, honourably, and undisturbed, and in free burgage of me and of my heirs, as they held in my father's time or my other predecessors', better, more firmly and freely. I grant them the free and good laws that the burgesses of Lincoln have better and more freely. I ... forbid my constable to bring them into my castle to plead in any cause; but they may freely have their portmote, in which all pleas pertaining unto me and unto them may be justly treated of. Moreover, they may choose for me one whom they will among themselves, who may be judge under me and over them; who, knowing the laws and customs, may keep these in my council reasonably in all things, every excuse put away, and may faithfully perform unto me that which is due. And if by chance any one fall into my amercement, then he shall be reasonably amerced by my bailiff and the faithful burghers of the court. And whatever merchants they draw thither for the bettering of the town, I command that they have peace, and that no one do them an injury or unjustly sue them at law. If, indeed, any stranger merchant do anything unfitting in the town, that shall be amended before the aforesaid justice in the portmote without a suit-at-law. These being witnesses ... Robert Steward de Mohaut ... and many others."

We see from the terms of this charter that the Coventry folk had already acquired a certain status as free burghers. Now their liberties were enlarged by a grant of self-jurisdiction. A further grant from Henry II., appended to the confirmation of this charter, limited the fine due from the burghers to the earl for any fault to 12d.;[79] "but if by testimony of his neighbours he cannot pay so much, by their advice it shall be settled as he is able to pay." We can call up a possible picture of the court of portmanmote, to which the charter refers. In some large open space, possibly S. Michael's churchyard, the townsfolk might be seen gathered together for the meetings of the court. Conspicuous among the little group of townsmen would be the bailiff, the earl's representative, a man whose yea and nay was very powerful among the lord's tenants, for was he not there to watch over the interests of his master, and arrange for the payment of fines and forfeitures which were his master's due?[80] By his side some fuller, weaver, baker, or prosperous agriculturalist would probably take his seat[81] as the justice, the elected representative of the townsfolk. A clerk would also be present, for from the time of Henry III. court records were strictly kept and enrolled. Probably not all the townsmen attended each meeting, but only such of them as were concerned in any suit, and even these—within reasonable limits—might plead essoyne, or a valid excuse for absence. What individual part was played by the justice and bailiff in the hearing of suits it is impossible to tell, but we may infer that the misdemeanours of the townsfolk were made known to the court by a jury, drawn perhaps from every street or ward.[82] These men affirmed on their own knowledge, or on common report, that certain offences had been committed within the township. These offences were of a simple, trifling kind, those of a more serious nature being tried at higher tribunals, before the sheriff or the justices in eyre, or possibly in some other court of the Earl of Chester.[83] A presentment, for example, would be made to the effect that Nicholas, the son of William, had let his cows stray over the mowing-grass in a certain field which is in the earl's demesne, thereby causing damage to the extent of fourpence. Nicholas is at mercy,[84] for it is well known that he is guilty, and he is thrown on the mercy of the court. Let him pay the damage, and twopence in addition for the fault.

Or the jury say that Margaret, the wife of Anketil, took from the bakery of William of Stonelei two loaves, value one halfpenny, and afterwards defamed and struck Joan, William's wife, in the open street known as the Broadgate. And Margaret defends (denies) the deed: therefore it is adjudged that she come and make her law six-handed at the next court.[85] Or the jury declare that William, son of Guy, contrary to the assize of bread, whereby, if a quarter of wheat sell for 3s. 6d., the farthing loaf of wastel bread should weigh 42s., gives only 39s. weight of bread in the loaf, to the damage of his customers, the King's liege people.[86] Moreover, William was bidden at the last court to come and wage his law twelve-handed; this he has failed to do.[87] Therefore he is at mercy. The fine is twelve pence. William cannot pay at once, but his pledges are John the Dyer and Thomas atte Gate.[88]

Such cases as these would be the everyday business of the local court; but civil matters also required a great deal of attention. Transfers of land were executed there, being witnessed by the principal suitors of the court. John the Smith, for example, would make over his house in Earl Street with all its appurtenances to Richard the Weaver and his heirs in return for an annual rent of fourpence, and would warrant it to him against all comers.

Certain documents called indentures[89] would then be drawn up in duplicate by the clerk, the names of the chief of the folk present appearing therein as witnesses to the deed. To one of the indentures the grantor fixed his seal, to the other the grantee, each retaining the copy to which the seal of the other party in the transaction was attached by way of title-deed.