DISPUTES.
1388. One of our earliest ordinances enacts that—
If any dispute arise between any of the brethren, which God forbid, it is to be amicably settled by the decision of the Masters of the said Fraternity and they are to deal plainly,[273] and that no one sue another in other manner than at the assize, and then only if he be empowered by leave of the said Masters to be recorded.
1530. And again in the ordinances signed by Sir Thomas More, it states that—
yff any matter of stryffe or debate herafter be betwene eny pˀson of the said Crafte as God fforfende that noon of them shall make eny pˀsuts[274] in the Comen lawe but that he whiche ffyndeth hym aggreved shall ffurst make his complaynt to the Maisters . . . . . . to thˀentent that they shall ordre the said matter or cause of complaynt so made yff they can . . . . . .
This prerogative of the Company was jealously guarded, and indeed extended, the Court becoming in effect a sort of Court of Conscience, in which non-freemen frequently appeared as plaintiffs against freemen, when their cases were heard and adjudicated upon, the Court settling the amount and time of payment, or dismissing the suit.
Whenever (as often happened) one freeman went to law with another, without leave of the Court, and the defendant complained, the plaintiff was ordered to withdraw his action, and if he declined to do so, an opportunity of reflection upon the powers of the Company was afforded him in the seclusion of the “Compter.”
It was frequently the custom for the Masters to require both parties to enter into bonds to abide the decision of the Court, and where this was not so, and either of them disobeyed the order made, the offender was either fined, imprisoned or expelled.
The following are a few notices of cases of dispute which came before the Court from time to time, and other instances will be found elsewhere.