The story of Coventry. Mary Dormer Harris
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.
34 Far Gosford St
At least twice a year the townsmen appeared before the sheriff,[90] at whose court criminal or "crown" pleas received a hearing, and who, in his military capacity, overlooked the muster-at-arms of the townsmen, and fixed what number of archers were to be levied for the King's service. The proceeds, of this court, goods of felons and the like, went to swell the royal treasury. The system of presenting criminals by means of a jury[91] obtained here as in the town court, but in doubtful or serious cases the accused would be condemned or acquitted not in accordance with evidence, but through an appeal to the interposition of Providence by means of trial by ordeal or battle. Thus, a man who was thrown into the water was, if he sank, pronounced innocent, if he swam, guilty; or the one of two champions, who overcame the other in fight, was held to have proved his case. But these irrational methods of trial were falling rapidly into disfavour. The "ordeal" was forbidden at the Lateran Council of 1216, and the Saxons, who much disliked the Norman method of trial by battle, always sought in their local charters to win exemption from the necessity of having recourse to it. Step by step the modern jury system was introduced, which, whatever may be its faults, is the most workable method hitherto discovered of obtaining a more or less unbiassed verdict in any suit.
OLD WHITEFRIARS' MONASTERY, NOW COVENTRY UNION
Another provision of the charter, as confirmed by Henry II., was possibly an expedient to remedy the disasters which had lately befallen the townsmen under Gernons and Hugh. It was necessary, if the town was to grow and prosper, to attract settlers from different parts, and to those seeking a home in Coventry the clause that "newcomers should be free from all [payments] for two years after they began to build" would be most welcome.[92] From this time no doubt the advent of passing or abiding strangers was not infrequent, and the place began to put on the appearance of a thriving little thoroughfare town. The grant of a fair to the Earl's-men in 1217, and one to the prior some ten years later, brought stranger merchants within the town-gates.[93] The place was important enough to attract the Greyfriars thither before 1234, and the spire of their church still recalls their presence. More than a hundred years later came the Whitefriars or Carmelites, whose magnificent cloister is now incorporated in the workhouse. A colony of Jews also found shelter in Coventry before the days of Edward I.[94] We know no more than the names, and now and then the occupations of the men of the place in the thirteenth century; for our inquiries among the land-transfers of the time can elicit nothing save the records of the sale of a tenement and curtilage by a William de Artungworth, "le drapier," or their purchase by Richard le Tailleur, hosier, or Richard de Mora, merchant. But even this bare enumeration of trades and callings show the advance made by the men of Coventry since the time when a handful of villeins and bondsmen tilled the lands that had been Godiva's at the taking of the Domesday Survey.
FOOTNOTES:
[72] For a list of the manorial services required of villein tenants see Maitland, Select Pleas in Manorial Courts (Selden Soc., i.), 102–4.
[73] Green, Town Life, i. 197–8
[74] Green, op. cit., i. 199. The Preston men bargained that they should not be required to follow their lord on a warlike expedition lasting more than one day (Ibid.).
[75] For Henry II.'s charter to Lincoln see Stubbs, Select Charters, 166.
[76] See Gross, Gild Merchant, i. 244–257; Bateson, "Laws of Breteuil," Eng. Hist. Rev., xvi.; Tait, Mediæval Manchester, 43–4.
[77] Nottingham and Winchester received a grant of particular customs after the pattern of Coventry. London was taken as a model by Norwich. See Hudson, Rec. Norwich, i. 12.
[78] Dugdale assigns this charter to Blondvil, and I see no reason to differ. If Blondvil were the grantor, then the date would lie between the