THE 
 
 ANCIENT CUSTOMS OF HEBEFORD. 
 
Digitized by the Internet Archive 
 ' in 2008 with funding from 
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Ancient Customs 
 
 OF THE 
 
 Ofttg of fB^ereforir. 
 
 WITH TRANSLATIONS OF 
 
 THE EARLIER CITY CHARTERS 
 AND GRANTS; 
 
 ALSO, 
 
 SOME ACCOUNT OF THE TRADES OF THE CITY, AND OTHER INFORMATION 
 RELATIVE TO ITS EARLY HISTORY. 
 
 RICHARD JOHNSON, 
 
 LATE TOWN CLERK. 
 
 SecontJ lEDitton. 
 
 LONDON: 
 
 PEINTED BY 
 
 T. EICHAEDS, 37, GEEAT QUEEN STEEET. 
 
 1882. 
 
l^ 
 

 TO 
 
 JAMES RANKIN, Esq., M. P., 
 
 CHIEF STEWABD OP THE CITY OP HEBEFORD, 
 
 TO WHOM THE CITIZENS ABE INDEBTED FOB THE ESTABLISHMENT OF THE 
 
 PBEE LIBBABY, 
 
 THIS WOBK IS BE8PECTFULLY DEDICATED, 
 
 BY PEBMISSION. 
 
 M 596558 
 
PKEFACE TO FIRST EDITION. 
 
 It is now several years since that, at the request of the members of the 
 Hereford Philosophical and Antiquarian Society, the writer of the following 
 pages read at their evening meetings some papers connected with the ancient 
 customs of Hereford, which were afterwards published in the form of a small 
 pamphlet. He has subsequently been enabled to add materially to his previous 
 knowledge, not only by further investigations amongst the earlier muniments of 
 the city, but also by the aid of many curious and valuable documents kindly 
 lent by personal friends. Even with these resources, he would have hesitated to 
 undertake a work of this description, had he not been frequently urged to do so 
 by several local antiquaries, who were desirous that the information thus 
 collected should be preserved, as in the course of years it often happens that 
 old records get injured or destroyed. 
 
 Tlie writer is aware that criticism may discover many defects in the present 
 work, and that abler pens might hereafter do greater justice to the subject. He 
 therefore requests his readers kindly to concede their indulgence for any 
 imperfections, and only regrets that want of leisure for the thorough prosecution 
 of his researches has rendered it necessary to omit many points of interest. 
 
 The large capital letters that commence some of the chapters are copied 
 from the original charters by a daughter of the writer. Those of Chapters I 
 
viii PREFACE. 
 
 and X date from the sixteenth century, that of Chapter IV to a period early in 
 the fourteenth, and those of Chapters III, VI, and XI, to the beginning of the 
 fifteenth century. 
 
 August 1868. 
 
 After the publication of the first edition, the writer of the above Preface 
 discovered in the municipal archives other important papers ; but unfortunately 
 did not live to publish the result of his labours. Therefore, as these documents 
 throw further light on many subjects previously noticed, it has been thought 
 advisable to incorporate the fresh information in a new edition. 
 
 Hereford, 1882. 
 
SUBSCEIBERS. 
 
 The Right Hon. the Eakl of Powis. 
 
 The Right Hon. Viscount Hereford. 
 
 The Right Hon. Lady Mary Windsor Clive (2 copies). 
 
 The Right Hon. Lady Llanover. 
 
 Sir Watkin Williams Wynne, Bart., M.P. 
 
 Sir H. Scddamore Stanhope, Bart. ^xO^^.a^C 
 
 Sir Herbert Croft, Bart. 
 
 The Rev. Sir George Cornwall, Bart. 
 
 The Hon. and Very Rev. the Dean of Hereford. 
 
 The Right Wor.shipful the Mayor of Hereford, T. Llanwarne, Esq. 
 
 The Right Worshipful the Mayor of Liverpool, J. Hughes, Esq. 
 
 jm:, -C^L^^Xt/*- j-^-*-^" 
 
 Aberystwith 
 Bristol 
 Bridgenorth 
 Bewdley 
 Carlisle 
 Cardiff 
 Cambridge . 
 Exeter 
 Gloucester . 
 Hereford 
 Huddersfield 
 Launceston , 
 Leominster . 
 Ludlow 
 Montgomery 
 Nottingham . 
 Ripon . 
 Shrewsbury . 
 Worcester . 
 Wrexham 
 
 THE TOWN CLERKS OF 
 
 A. J. Hughes, Esq. 
 . D. Travers Burges, Esq. 
 
 Hubert Smith, Esq. 
 . Richard Hemingway, Esq. 
 
 John Nanson, Esq. 
 . J. L. Wheatley, Esq. 
 . Edmond Foster, Esq. 
 . Bartholomew C. Gidley, Esq., M.A. 
 . Kedgwiu Hoskyns Fryer, Esq. 
 . Joseph Carless, Esq. 
 . Joseph Batley, Esq. 
 . Richard Peter, Esq. 
 . W. S. Sale, Esq. 
 
 John Williams, Esq. 
 . AVilliam Wilding, Esq. 
 . Samuel George Johnson, Esq. 
 . M. Kirkley, Esq. 
 . C. Cresswell Peele, Esq. 
 
 Thomas Southall, Esq. 
 . Thomas Bury, Esq. 
 
SUBSCRIBERS. 
 
 Anthony, Charles, Esq., The Elms (2 copies). 
 
 Aston, John C, Esq., Barnamore (2 copies). 
 
 Antiquaries, Society of, London. 
 
 Abley, Edward, Esq. 
 
 Ballard, Herbert, Esq., Dartford. 
 
 Barnwell, Rev. E. L., F.S.A. Scot., Melksham. 
 
 Baker, Charles, Esq., F.S.A., Sackville Street, London. 
 
 Beddoe, H. C, Esq. 
 
 Berrington, A. D., Esq., Pant-y-Goitre. 
 
 Bosley, William, Esq. 
 
 Bristol Library and Museum, 
 
 Brooke, Thomas, Esq., F.S.A., Armitage Bridge. 
 
 Bulmer, William R., Esq. 
 
 Baylis, Mr. 
 
 Bowell, Rev. William, 
 
 Bradney, Joseph A., Esq., Rochfield House, Monmouth. 
 
 Brace, L., Esq., Seebpore, Calcutta. 
 
 Came, J. W. Stradling, Esq., D.C.L., F.S.A., St. Donat's Castle. 
 
 Cam, Thomas, Esq. 
 
 Carless, H., Esq. 
 
 Clive, Meysey, Esq., Whitfield. 
 
 ChfAake, W., Esq. 
 
 Caddick, E., Esq., Edgbaston. 
 
 Cooke, William Henry, Q.C., M.A., F.S.A. 
 
 Corner, James, Esq. 
 
 Colwell, Mr. (20 copies). 
 
 Cave, Mrs. 
 
 Davenport, Rev. G. H., Foxley. 
 
 De la Bere, Rev. J. Baghot, Pittville Lawn, Cheltenham. 
 
 De Winton, Captain, Graftonbury. 
 
 Daniel, Rev. Edward. 
 
 Davies, James, Esq. 
 
 Dyke, J. G., Esq., Church Stretton. 
 
 Davis, D., Esq., MaesyfFynon, 
 
 Davies, Hugh, Esq., Wrexham. 
 
 Dillon, Mr. 
 
 Eckroyd, W. Farrar, Esq., M.P., Credenhill. 
 
 Evans, Stephen, Esq. 
 
 Farmer, Samuel, Esq. 
 
 Fowler, Owen, Esq. 
 
 Guise, F. E., Esq., Recorder of Hereford. 
 
SUBSCRIBERS. 
 
 Gove, Arfhur, Esq., Melkshara. 
 
 Grifi&ths, R J., Esq., Newcourt. 
 
 Griffiths, J. H., Esq., The Weir. 
 
 Gibbs, Alexander, Esq. 
 
 Godwin, Mr. 
 
 Hawkins, S., Esq. 
 
 Humfrys, WiUiam J., Esq. 
 
 Hereford Permanent Library. 
 
 Hereford Free Library. 
 
 Howard, J. J., Esq., LL.D., F.S.A. 
 
 Hanburj', G. B., Esq. 
 
 James, J. G., Esq. 
 
 Jones, E. P., Esq., Cefnymaes, Festiniog. 
 
 Jones, Morris Charles, Esq., F.S.A., Gungrog Hall, Welshpool. 
 
 Jones, Rev. Christopher. 
 
 JefFcock, Rev. J. T., Wolverhampton. 
 
 Johnes, Mrs. Dolaucothy, Llandilo. 
 
 Jukes, Rev. J. H. 
 
 Knight, A. R. Broughton, Esq., Downton Castle. 
 
 Kyrle, Lieut.-Col. Money, Homme House. 
 
 Kempson, Frederick R., Esq. 
 
 Lloyd, J. Y. W., Esq., M.A., K.S.G., Clochfaen, Llanidloes (2 copies). 
 
 Lloyd, E. 0. v.. Esq,, Berth, Ruthin (2 copies). 
 
 Leighton, Rev. W. A., Luciefelde. 
 
 Lloyd, J. W., Esq. 
 
 Lane, Mr. J. 
 
 Myer, Mr. 
 
 Manchester Free Reference Library. 
 
 Martin, C. G., Esq. 
 
 Mitchell, L. J., Esq., Llanfrechfa Grange. 
 
 Mere wether, W., Esq. 
 
 Norris, J. E., Esq. 
 
 Nicholl, John C, Esq., Merthyr Mawr. 
 
 NichoU, G. W,, Esq., Ham, Cowbridge. 
 
 Old, W. Watkins, Esq. 
 
 Owen, Edwai-d H., Esq., Ty Coch, Carnarvon. 
 
 Owen, Rev. R. Trevor, Llangedwyn, Oswestry. 
 
 Pateshall, Evan, Esq., Allensmore Court. 
 
 Pulley, Joseph, Esq., M.P., Lower Eaton. 
 
 Penson, R. Kyrke, Esq., F.S.A., Dinham House, Ludlow. 
 
 Powell, Rev. Thomas, Dcflstone Rectory. 
 
SUBSCRIBERS. 
 
 Payne, Mr. W. 
 
 Pack wood, Mr. 
 
 Poole, Rev. W., Hentland. 
 
 Philipps, Frederick Lloyd, Esq., M.A., Penty Park. 
 
 Phillips, Rev. T. Lloyd, M.A., F.S.A., Beckenham. 
 
 Pariy, Love Jones, Esq., M.A., F.S.A., Madryn, Pwllheli. 
 
 Pilley, ^It. 
 
 Rankin, James, Esq., M.P., Bryngwyn, Hereford. 
 
 Reynolds, J. J., Esq. 
 
 Ralph, Philip, Esq. (2 copies). 
 
 Roberts, Alfred, Esq. 
 
 Rudd, Rev. Eric J. S., St. Florence Rectory, Tenby. 
 
 Sandbach, Henry R., Esq., Hafodunos, Abergele. 
 
 Stanhope, Rev. Berkeley L. S., Byford Rectory. 
 
 Symonds, J. F., Esq. 
 
 Stephens, William, Esq., Warden Court, Presteigu. 
 
 Stephens, Mr. Edwin. 
 
 Spencer, Mr, 
 
 Seward, W. J., Esq. 
 
 Smith, Thomas A. C. A., Esq. 
 
 Spencer, Rev. G. L. 
 
 Southern, Francis R., Esq., Ludlow. 
 
 Salisbury, Rev. E. E. Baylee, B.D., Winceley Rectory, Horocastle. 
 
 Scobie, M. J. G., Esq. 
 
 Traherne, G. M., Esq., Coedriglau, Cardiff. 
 
 Thomas, George, Esq., Cardiff. 
 
 Toplis, J., Esq., Nottingham. 
 
 Vachell, Charles, Esq., M.D., Cardiff. 
 
 Vaughan, ]\Ir. 
 
 Weyman, H. T., Esq. 
 
 Waterton, Edmund, Esq., F.S.A., Deeping Waterton Hall. 
 
 Williams, Rev. Richftrd, B.A., Bridge Sollers. 
 
 Wilding, Richard, Esq., Church Stretton. 
 
 Williams, William, Esq., Parciau, Tynygongl. 
 
 Wakston, Edward, Esq., F.S.A. 
 
ancient Customs^ of fl^ereforlr. 
 
 CHAPTER I. 
 
 Introductory Remarks — Extract of Customs from Domesday Survey — Inroad of Britons — 
 Castle of Hereford held by Rebellious Barons against King Stephen — Sale of the City 
 by King Richard — Ancient Custom Book — Reason of its Compilation — Election of 
 Chief Bailiff— Bailiff's Oath — Election of Steward— Election of Town Clerk- 
 Freemen's Courts — When Strangers come to the Courts — The General Inquisition — 
 The Common Bell — The Tenants of the Bishop and Dean and Chapter — The manner 
 of makirg Freemen — Their heirs to be free — To recover debts, 
 
 LTHOUGH in the present day, knowledge of the 
 national history of our country has, owing to the 
 indefatigable researches of able and learned historians, 
 made immense advances, it is generally admitted that 
 most readers are better acquainted with the domestic 
 manners and customs of people who lived in distant 
 lands nearly two thousand years ago, than with those 
 of their own country in medieval times. The reason 
 of this will be evident, if we take into consideration 
 the scarcity of works which afford any correct intelli- 
 gence respecting the social life of our forefathers, and 
 also the time and laborious research that must neces- 
 sarily be expended before any reliable information, 
 can be obtained. Ancient manuscripts throwing light on this subject are 
 for the most part either under lock and key in old libraries, or hidden away in 
 dusty archives, and commonly written in Norman French or debased and 
 abbreviated Latin, requiring considerable practice to decipher, and not yielding 
 their treasures to a cursory or superficial observer. 
 
 It must not be supposed that these records of times and manners long 
 since passed away are devoid of interest, for to those who appreciate medieval 
 history, whether ecclesiastical, civil, or political, they afford a never-failing 
 
 B 
 
2 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 source of instruction and amusement. Additional knowledge is acquired, by 
 their perusal, concerning ancient customs even now partially retained, and 
 valuable information is derived relative to many early English laws, more 
 especially those transmitted from our Saxon and Korman ancestors. We also 
 observe the gradual progress and development of civilization, and trace the 
 middle classes increasing in wealth and influence, until they become formidable 
 rivals to the warlike and powerful nobility. 
 
 When relating the annals of olden times, the writer must of necessity be a 
 compiler, and either form a narrative derived from the best authorities to which 
 he has access, or transcribe those authorities and elucidate them by commentary. 
 The former is the usual method adopted by historians, but it is questionable 
 whether the truth and certainty of history do not suffer in consequence ; it has 
 therefore been thought advisable in the following pages frequently to give 
 quotations, as the words of the original carry the reader back to the manners, 
 language, sentiment, and party spirit of the age with far greater effect than any 
 modern composition. 
 
 The history of Hereford has been given to the public by previous writers ; 
 and to enter upon such an extensive subject would greatly exceed the limits of 
 the present work. The adventures of nobles and others connected with the 
 court, or participating in the government of the country, have also been related, 
 but the less stirring history of citizens and burgesses, the original framers of 
 those municipal laws by which trade and commerce were governed, have 
 attracted less attention ; therefore the object of the present work has been more 
 particularly to record those events that illustrate the manners and customs 
 of the people. 
 
 Hereford is described by early chroniclers as strongly fortified, surrounded 
 by walls, and defended by a large castle. In the year 758 the ambitious Saxon 
 King Offa held the town as a royal demesne. During his reign he gave an 
 extensive grant of his manor of Hereford to " God and the church of St. Mary 
 and St. Ethelbert", by which means the bishop, dean, and chapter obtained a 
 subordinate or mesne seignory under the king. At different times, by divers 
 grants, the Hospitallers and other religious orders came to have like subordinate 
 seignories within the city and liberties. 
 
 We cannot have recourse to better authority than Domesday Booh for 
 information respecting the customs of the country in the age immediately 
 preceding the Norman invasion. That valuable work and other ancient 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 3 
 
 manuscripts in the Exchequer prove Hereford one entire seignory, and mention 
 a writ directed by William the Conqueror to the Sheriff, commanding him to 
 show what, and how many, hundreds were in his bailiwick, and what and how 
 many cities, boroughs, and villages, were in every hundred, and to what lords 
 they owed fealty. The Sherifi", among other returns, stated, that in the hundred - 
 of Grimsworth, the king was lord of the manor of Hereford ; the bishop, lord 
 of the manors of Hampton, Tupsley, Holmer, and Shelwick ; and the dean and 
 chapter, lords of the manor of Canon Pyon. 
 
 The following translation from Domesday Survey shows the services rendered 
 by the inhabitants to the king as lord of the manor : — 
 
 " In the city of Hereford in the time of King Edward the Confessor were 
 one hundred and three men dwelling within and without the walls, and they 
 had these customs imder written : 
 
 " If any of them wished to leave the city, he might, with the consent of 
 the king's bailiff" (prsepositus), sell his house to another man willing to perform 
 the due service thereof, and the king's bailiff had the third penny for this sale. 
 
 " If any one, by reason of his poverty, could not perform liis service, he 
 relinquished without payment his house to the king's bailiff, who provided the 
 house should not remain empty, and that the king should not be deprived ^ 
 of his service. 
 
 " Within the walls of the city every dwelling house paid seven pence half 
 penny, and four pence for lodging the horses, and three days in August mowed 
 at Maurdine (Harden), and one day made hay, to be collected together where 
 the sheriff" pleased. He who had a horse, three times in the year went with the 
 sheriff to pleas and to hundreds at Wormeley (Urmelania). When the king 
 went a huntiDg, out of every house by custom one man went to his station 
 in the wood. 
 
 " Other men not having houses found guards at the Hall when the king was 
 in the city. A burgess serving with a horse, when he died the king had the 
 horse and the arms ; of him who had no horse, when he died, the king had either 
 ten shillings, or his land with the buildings thereon. 
 
 "If any one by sudden death had not made a division of his property, the 
 king had all his money. 
 
 " These were the customs held by those who dwelt in the city, and other 
 dwellers without the walls had the like, except that houses without the walls 
 paid only three pence half penny. 
 
4 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 " These other customs were common : By every man whose wife brewed, 
 within and without the city, ten pence was given by custom. Six smiths were 
 in the city, every one of whom paid for his forge one penny, and every one of 
 them made one hundred and twenty ferra^ out of the king's iron, and to each of 
 them was given three pence therefore by custom ; and these smiths were free 
 from all other service. 
 
 "Seven moniers were there, and one of these was the bishop's moneyer. 
 When money was renewed each of them gave eighteen shillings for the use of 
 the dies, and from the day they returned for one month, every one of them gave 
 to the king twenty shillings, and in like manner the bishop had from his 
 moneyer twenty shillings. 
 
 "When the king came into the city, the moneyers made him as much 
 money as he would have (that is to say, with the king's silver), and these seven 
 had their sake and soke. When any of the king's moniers died, the king 
 had twenty shillings for relief, and if he died without dividing his property the 
 king had it all. 
 
 " If the sheriff went into Wales with the army these men went with him, 
 and if any one ordered would not go he was fined to the king forty shillings. 
 
 " In the same city Earl Harold^ had twenty-seven burgesses, having the 
 same customs as the other burgesses. 
 
 " For this city the king's bailiff paid twelve pounds to the king (Edward) 
 and six pounds to Earl Harold, and has in his revenue all the customs above 
 mentioned. And the king has in his domain three forfeitures : breach of the 
 peace, heinfare,^ and forestall.* Whoever did any of these things pays fine to 
 the king of one hundred shillings, whose man soever he might be. Xow the 
 king has the city of Hereford in demesne, and the English burgesses there 
 dwelling have their former customs, and the foreign burgesses have acquittance 
 for twelve pence of all their forfeitures, except the three above mentioned. 
 
 " This city pays to the king sixty pounds in tale of white money. 
 
 " Between the city and eighteen manors which in Hereford pay their farms 
 are reckoned £335 18s., except pleas of hundred and county." 
 
 1 Horse-shoes, or arrow-heads. 
 
 2 This earl, at the death of Edward the Confessor, took possession of the throne of 
 England, and was killed at the battle of Hastings. 
 
 3 A fine payable to the king by any person who slew a man in the king's service. 
 
 * Endeavouring to enhance, by buying up or other means, the price of any article on its 
 way to market. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 5 
 
 The number of men stated in Domesday Booh as inhabiting tliis city 
 probably did not represent the total population, but comprised the owners or 
 occupiers of houses, or those burgesses available for military purposes ; never- 
 theless, many cities and towns of England at this period exhibited lamentable 
 marks of ruin and decay, owing to divisions amongst the Saxons and devastating 
 wars with the Danes. 
 
 The previous extracts show that the moniers exercised an important office, 
 their fines being considerable, both for the use of the dies and in case of death. 
 William the Conqueror and his successor continued to issue coins from the 
 Hereford Mint ; the impress is so similar it is difficult to discover the one reign 
 from the other, but all bear the monier's name and the stamp of the mint. A 
 discovery of some of these coins was made at Tamworth, in Staffordshire, a few 
 years since.' 
 
 Shortly before the Norman Conquest the Britons had made a most 
 destructive inroad upon the bordering English counties, attended with great 
 loss of life and property, the enemy razing the walls of Hereford to the ground 
 and carrying numbers of the people away as prisoners. An old chronicler gives 
 the following narrative of the expedition : — 
 
 " In 1055 King Edward unjustly banished Earl Algar, son of Leofric, who 
 thereupon went to Ireland, and, having procured eighteen pirate ships, he 
 crossed over into South Wales and made an alliance with Griffin. With a large 
 army they invaded Herefordshire, and on October 24th, two miles distant from 
 that city, they defeated the English under the command of Duke Eadulph, 
 King Edward's sister's son, slew four or five hundred men, and wounded many 
 more ; Duke Eadulph himself, with the Erench and Normans he kept about 
 him, being the first to flee. The conquerors entered Hereford and burned the 
 monastery of St. Albert (Ethelbert), king and martyr, with all its ornaments and 
 relics, killing seven of the canons who attempted to defend the gates of the 
 church; and, having slain more than five hundred of the citizens and taken 
 prisoners many more, they plundered and burned the town and retired with 
 a large booty. Hereupon the king raised a large army and appointed Earl 
 Harold to the command of it, who, marching from Gloucester, drove away the 
 enemy and pursued them into South Wales; and then returning, he fortified 
 Hereford with a broad and deep mound and ditch (vallo lato et alto), gates, 
 and locks. "2 
 
 1 London Thnes^ 1877. ^ Flor. of Wore, and Chron. de Mailras. 
 
6 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 Several other writers give accounts of this battle, and are unanimous in 
 their statements that the destruction of life and property was immense ; they 
 also intimate many years must necessarily elapse before the city could possibly 
 recover from its disastrous effects. After the Conquest, other incursions of the 
 Britons into Herefordshire took place at intervals, but we do not find the city 
 recorded as participating in any affairs of national importance until the reign of 
 Stephen, who, it is well known, usurped the crown of England to the exclusion 
 of the Empress Maud, daughter of Henry 1. A civil war ensued, and on the 
 declaration of Eobert Earl of Gloucester in Maud's favour, all the principal 
 lords in the west of England, also in many other parts of the country, joined in 
 the revolt, fortifying their castles against the king. An old author says : — 
 
 "After Easter 1138, the wicked rage of the traytors broke out, and one of 
 them named Talebot held against the king the castle of Hereford in Wales, 
 which nevertheless the king recovered by siege. He remained there four or five 
 weeks, and was crowned in the church of St. Mary, Mother of God, and sent 
 orders throughout England for soldiers to come to his assistance in putting 
 down aU the enemies of his royal dignity. Whilst the king was besieging tlie 
 castle, the insurgents set fire to the city, and all below the bridge over the Wye 
 was burned down in the king's sight. Soon after which, the garrison being 
 made acquainted with the multitude of the king's army, surrendered on 
 conditions ; and because he was, or rather because he is a king of pity and of 
 peace, he did no injury to anyone, but suffered his enemies to depart free. The 
 king also took the town of Webbeley, which Geoffry de Talebot held against 
 him after he had escaped from Hereford, the man by whose art and contrivance 
 the king's enemies in those parts were supported in throwing off their 
 allegiance ; which town and the castle of Hereford the king furnished with a 
 regular garrison. On his departure, Talebot returned on Thursday June 15th, 
 and burned down aU the other side the Wye, but retired with the loss of seven 
 or eight Welshmen of his company."^ 
 
 Another historian also gives an account of this siege: "Among the first, 
 Stephen besieged the city of Hereford, which is situated on the Wye (Guaiam), 
 the boundary between the English and Welsh, and being well received by the 
 citizens and provincials as their natural lord, he took the city, and Geoffry 
 Talebot being put to flight, he kindly spared all the rest."^ 
 
 In 1139, Stephen suffered many reverses, and Maud's party, amongst 
 1 H. Hunting., 8. Atkyns, p. 45, 2. 2 Order. Vit., lib. xiii, p. 917. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 7 
 
 other successes, gained possession of Hereford Castle. It is related that, the 
 king being at Worcester, " news was brought that his enemies, at the instigation 
 of Geoffry de Talebot, breaking the peace to which they had sworn, had 
 assaulted Hereford and entered the principal monastery of St. ^thelbert, yea, 
 of St. Mary herself, as into a castle, and put up their horses in the very church, 
 as in a stable, and in drawing a ditch through the cemetery had cruelly dug up 
 the bodies of the faithful. Eobert, the venerable pontiff of that church, was 
 much disturbed at this ; as were all the clergy ; so also was the king, who led 
 his army against it, and fixed his camp at Little Hereford, or the monastery of 
 Leon, i.e., Leominster, But because the solemnity of our Lord's advent was 
 approaching, the king, having made a truce for a time, returned to Worcester."^ 
 
 The surrender of Stephen's garrison to the partisans of the Empress 
 Maud is graphically described by Eobert de Bee, probably an eye-witness of 
 many of the incidents he relates, from having been one of Stephen's firm 
 adherents, and often in his retinue : — 
 
 " Geoffry Talebot, of whom mention has been already made, endeavoured to 
 besiege the soldiers whom the king had left in the town of Hereford as 
 defenders of the country, and ministers and guardians of his riglit. And 
 entering into the church of the episcopal seat, dedicated to the Mother of God, 
 and irreligiously driving away the ministers of God's table, he rashly introduced 
 a company of armed men, and turned the house of prayer, the place for the 
 propitiation of souls, into a den of war and blood. It was really horrible, and 
 not to be borne by persons of pious dispositions, to see the abode of life and 
 salvation changed into a retreat for plunderers and fighting men ; the citizens in 
 tears uttering loud cries, either because the burial-place of their friends was 
 thrown up against the ramparts of the castle, or because they saw the bodies of 
 their relations, some half putrefied, others very lately buried (a cruel spectacle), 
 drawn without remorse from their graves ; or because on the tower, whence 
 they used to hear the sweet and peaceful summons of the bells, they now saw 
 engines erected, and missile weapons thrown against the king's men. Geoffry, 
 therefore, from the church vehemently assaulted the king's soldiers, who were 
 shut up in their castle ; and Milo of Gloucester, on another side, carrying on 
 the siege with machines, very much streightened them, so that at last they were 
 forced to surrender the castle of Hereford."^ 
 
 As a reward to Milo for his services and staunch support, Maud, during 
 1 Contiyi. Flor. Wore. 2 Qesta Stephani. 
 
8 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 her short term of prosperity, amongst other favours, created him, by patent, 
 Earl of Hereford ; this patent, printed in Rymer's Fcedera, is supposed to be 
 the first of its kind. Milo, however, lost all his honours and privileges when 
 Stephen regained the throne. 
 
 Hereford continued appurtenant to the Crown until the reign of Richard I, 
 who sold his right and interest therein to the inhabitants 9th of October 1189, 
 a few months after his accession, on condition that they assisted to enclose the 
 town with walls, paid forty marks in ready money, and a yearly rent of forty ■ 
 pounds. In order to obtain funds for his crusade in the Holy Land, Eichard 
 parted also with many other royal manors. A celebrated modern writer 
 remarks : — 
 
 " The new king was no sooner crowned and anointed, according to ancient 
 custom, than he began to put up to sale all the lands that he possessed, his 
 castles, his towns, the entire of his crown lands, and, in certain places, if we 
 are to believe an historian of that period, the demesnes of others. Many rich 
 Normans, clerks, and laymen seized so favourable an opportunity to acquire at 
 a cheap rate some portions of the great allotments of the Conquest, which 
 William the Bastard had reserved for himself and his successors. The Saxon 
 inhabitants of certain towns or boroughs, which were the property of the king, 
 then assessed themselves to redeem their houses, and once more became, under 
 a crown or quit rent, the legal proprietors of the place of their abode. By the 
 simple fact of such a bargain, the town which concluded it became a cor- 
 poration, and organised itself under syndics responsible to the king for the 
 payment of the municipal debt, and to the burgesses for the disposal of the 
 sums raised by personal contribution. The reigns of Eichard I's successors 
 present us with a great many of these conventions, by which the cities of 
 England successively redeemed themselves from the condition into which the 
 Norman Conquest had sunk them."^ 
 
 The purchase made by the citizens of Hereford constituted them lords of 
 the <iity and liberties, as the kings were before, and took place prior to any 
 grants of guilds or trades, which were first obtained in the succeeding reign. 
 Former sovereigns had previously parted with eight townships belonging to the 
 manor of Hereford, some to the Cathedral Church of that city, and others to 
 the Abbey of Llanthony: therefore the citizens purchased of Eichard I only 
 one township, but the royalty of the other eight was likewise granted to them, 
 ^ Thierry's Hist. Norman Conquest, p. 226. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 9 
 
 and the men residing therein henceforth attended the leets and courts of the 
 chief bailiff at Hereford, as lord paramount. Whilst the king held the city, 
 the subordinate lords did not consider it derogatory to hold lands or reside 
 there, but after the citizens possessed the manorial right, many of these mesne 
 lords refused to live under their control and authority, for the inhabitants of 
 cities and towns were then principally descended from Anglo-Saxon ancestors, 
 whom the Normans disdainfully regarded as an inferior race. 
 
 Hereford, from its position on the Marches of Wales, early became a place 
 of considerable importance; its form of government attracted respect and 
 attention, and many applications were made by inhabitants of other towns for 
 the same laws and customs. These were of great antiquity, and, in the first 
 instance, unwritten, passed from father to son as tradition, but became esta- 
 blished as law from long usage. Thus, when a reasonable act once done was 
 found beneficial, by frequent repetition it ultimately became law. 
 
 An account of the city of Hereford, written in 1560 by Mr. John Maylord, 
 then mayor, elucidates several points not hitherto clearly ascertained, respecting 
 the ancient Custom Book of Hereford, or, as it is sometimes termed, the 
 Charter of Henry II, which contained the code of laws governing the city from 
 an early period. The citizens had no power to give or sell these laws to 
 burgesses of other towns without express permission, but those who held 
 directly under the crown received the same from the sovereign as a free gift 
 upon application, others only "at great price". The date and origin of the 
 ancient Custom Book is thus described by the mayor above mentioned : — 
 
 "Hereford city, proved to be antient demesne land by a book in the 
 exchequer of the survey of all England in William the Conqueror's time, 
 commonly called Domesday. It so continued in the Conqueror's hands all his 
 time, after, in that of William Eufus, and in King Henry's time, and likewise 
 in King Stephen's, and after him in King Henry the Second's time ; who in the 
 first year of his reign sent his writ in behalf of the men of Euthlan, written 
 "Drusslan" in the Custom Book of the said city of Hereford, to certify their 
 customs to them. 
 
 " By reason, the said King Henry the Second had granted the said town of 
 Drusslan or Euthlan to the inhabitants thereof in fee farm, by the same 
 customs the men of Hereford used. So the Custom Book of Hereford was made 
 a record, both for itself and Euthlan, five and thirty years before King Eichard, 
 his son, sold the city of Hereford to the citizens." 
 
 c 
 
 \ 
 
10 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 This code of laws was carefully preserved by the citizens for many genera- 
 tions. Reign after reign it is consulted, quoted, and brought forward as decisive 
 evidence on all important occasions. An entry in the Great Black Booh of 
 Hereford, made on a law day, temp. Queen Elizabeth, proves that the citizens 
 at that time considered the laws of this book binding: — "Whereas, by the 
 Custom Booh of the city, all citizens of the same be bound in all things concern- 
 ing the Queen and the state of the city to obey the mayor (for by our customs 
 we say the mayor doth represent the Queen's person in the city), therefore it is 
 ordained by authority of this law day that, from henceforth, that part of the 
 said Book of Customs be obeyed according to all things lawful and honest, upon 
 pain of incurring the penalties in the said book comprised." 
 
 From a regulation concerning the admission of freemen, it appears at one 
 time citizens required to take oath were sworn upon the Custom Booh', they 
 assembled, "having with them the common charter of the city, then the 
 steward shall tahe the hooh and hid. them lay their right hands thereon, command- 
 ing all those that are standing by to keep silence, and shall swear them after 
 this manner, etc." Again, in an answer of the mayor and citizens to allegations 
 put forward by the dean and chapter of Hereford respecting certain law days, 
 temp. Charles II, "in the Booh of Customs of the said city, whereupon every 
 -mayor and free.man is svmrn, it appeareth that the bailiff of every of the said 
 fees should have the amerciaments, etc." 
 
 As late as the commencement of the present century, the Custom Booh was 
 adduced as evidence, and a copy brought into court by the town clerk in 
 support of a case before the Court of King's Bench. 
 
 To the learning and research of former mayors we are indebted for the 
 preservation of this valuable collection of laws. John Chippenham, in 1486, 
 first appears to have had a translation made from the original Latin document, 
 for at this period the English language became commonly used in the law 
 courts. 
 
 Other civic functionaries from time to time caused Chippenham's copy to 
 be transcribed. The writer of the present work has had access to several of 
 these later duplicates •} one bears date 1649 ; another, copied by Eobert Dobyns, 
 
 ^ As the Custom Book of Hereford has lately attracted attention it has been considered 
 advisable in the present edition to follow closely the original transcripts. A Latin copy (temp. 
 Queen Elizabeth) is preserved in the Benedictine Monastery of Belmont, as stated by W. H. 
 Black, Esq., F.S.A., in the British Archieological Journal, 1871. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. H 
 
 deputy steward^ to Lord Coniiigsby, temp. William III, is marked, examined, 
 and written with care and exactness. 
 
 The Custom Book commences with a petition from the men of Euthlan or 
 Drusslane, supported by the king's writ, for the use of the Hereford customs, 
 which appear to have been granted without payment of fine or fee, whereas 
 when the inhabitants of Carmarthen, Denbigh, and other towns under mesne 
 lords applied for the same privilege, the sum paid was considerable. 
 
 " At the court of our sovereign lord the king, holden at Hereford upon the 
 Tuesday next after the feast of the Epiphany of our Lord, in the year of the 
 reign of King Henry, grandson of King Henry the First, the inhabitants of the 
 village of Drusselane^ in the Marches of Wales brought a certain writ or brief 
 from our lord the king directed to his majesty's bailiff at Hereford. Wherein 
 was contained that whereas our lord the king by his charter had granted to the 
 inhabitants of the village of Drusselane aforesaid to hold the said village by 
 fee farm to them and their heirs by the same laws and customs as the citizens 
 of the city of Hereford do, that the bailiff should search out the laws and 
 customs formerly granted to the inhabitants, so that whensoever such should be 
 inquired for they might then be delivered without delay, if under the common 
 seal of the city they were extant and ex-hereditary, but not otherwise." 
 
 " Upon which the bailiff summoned six of the king's fee, three of the 
 bishop's fee, two of the dean and chapter's fee, and one of the hospitallers' fee, 
 to appear before him on the morrow, under the penalty contained in the writ, 
 and so to continue from day to day till they could certify unto the said 
 inhabitants of Drusselane as many of their laws and customs as necessary at 
 present. On the morrow the citizens came, and many others of the city with 
 them, who in this case refused to take their oaths, affirming they had formerly 
 taken an oath of fidelity when first they were admitted freemen of the city, 
 and by their custom they were allowed upon this occasion to speak according to 
 their knowledge; and that by their law or custom they were not bound to 
 swear contrary to their own will or that of their fellow citizens, unless in a 
 matter touching the crown and dignity of our lord the king, or in a case ex- 
 hereditary, saying the laws and customs before granted they heard of from their 
 ancestors as approved and used in their days." 
 
 1 Until the passing of the Municipal Reform Act the Chief Steward exercised the 
 privilege of appointing a Barrister-at-Law to act as Deputy-Steward. 
 
 2 Written in the margin, "Ruthlan". 
 
12 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 The election, duties, and office of the chief bailiff, steward, and town clerk 
 are then described : — 
 
 Election of Chief Bailiff. 
 
 " First of all we use at the feast of St. Michael to choose a bailiff of our 
 fellow citizens by the consent of the whole city, who is powerful to labour and 
 discreet to judge, holding some tenements or hereditaments in the fee of our 
 lord the king, he to be our head next under the king, whom we ought in all 
 things touching our king or the state of our city to obey, chiefly in three 
 things : — 
 
 " First, when we are sent for by day or by night to consult of things which 
 appertain to the king or the state of the city. 
 
 " Secondly, to answer if we offend in any point contrary to our oath or our 
 fellow citizens. 
 
 " Thirdly, to perform the affairs of the city at our own charges, if so be 
 they may be finished either sooner or better than by any other of our citizens. 
 
 " Whosoever shall offend the said bailiff of what state or condition he be, 
 and shall abide in the city or suburbs, the matter shall proceed against him as a 
 rebel and a perjured person, when he shall be convicted of those things before 
 twelve of his fellow citizens assembled together for that intent whensoever it 
 shall be necessary. If so be that by favour of any he shall refuse to amend, let 
 him be cast out of the city, and let his tenements and chattels be seized upon 
 as a rebel to the king and commonalty and a disturber of the peace of the city, 
 unless he shall be reformed by imprisonment. After the same manner we do to 
 those his protectors, because by our custom we say that the bailiff doth 
 represent the body of our king. 
 
 " The bailiff himself, his year being finished, shall make unto us a just 
 account of all his receipts, in one whole company, by the tolling of our common 
 bell calling them together for that purpose, and there he ought to make answer 
 to all complaints brought against him by any of our citizens. If he shall 
 refuse so to do, the matter shall proceed against him in the form of perjury as 
 is heretofore decreed, and against his protectors and upholders j and if he doth 
 not make satisfaction for his receipts upon account, or find bail, his tenements, 
 goods, and chattels shall be seized on to the value of the arrears, and he shall 
 make satisfaction as the commonalty shall think fit." 
 
CHAP. 1.] ANCIENT CUSTOMS OF HEME FORD. 13 
 
 The Bailiff's Oath, 
 
 "And this shall be the oath of the bailiff when he is chosen. He shall 
 not have respect to any one's person who hath been heretofore elected ; if he 
 refuse to take his oath, it shall proceed against him as against a perjured person 
 and rebel to his king and fellow citizens. 
 
 " First, he shall be true to our lord the king in all things. 
 
 " Secondly, that as much as in him lieth, as well by day as by night, he 
 shall faithfully defend and keep the city of Hereford, the city of our king. 
 
 " Thirdly, that he shall defend and maintain the laws and customs of the 
 city during his time, in all things and through all things. 
 
 " Fourthly, he shall administer justice and judgment to every one, not 
 having respect to any one's person. 
 
 " Fifthly, that he shall not hold or keep his office but for one year after his 
 election. 
 
 " Sixthly, if so be that he shall be a laie or unlettered man, he shall do all 
 things belonging to his office by the counsel of his faithful citizens. 
 
 "If it shall happen that he be dishonest, proclaimed, suspected, or 
 convicted of any crime, he shall forthwith be put out of his place, that secretly, 
 twelve of the company being assembled together, provided his accounts be 
 rightly made, either by him or his heirs, at three days' warning. As we do by 
 our chief bailiff, so likewise shall it be done by our other bailiff and petty 
 bailiffs upon their accounts. Excepting this, that we must obey our chief 
 bailiff as one representing tlie person of the king, and excepting that he ought 
 to be changed year by year. The bailiff, upon the aforesaid accounts, shall 
 receive the persons imprisoned by an indenture, together with the keeping of 
 the gaol of our lord the king, because he ought to make answer for their escape 
 and conviction. Wherefore let him have a care that he have sufficient bonds or 
 interest of his sub-bailiff" or keepers, that shall have the keeping of the said 
 gaol under him. 
 
 " In case the city is besieged by the king's enemies, or the walls of the 
 city in great necessity to be amended or newly repaired, the chief bailiff, in the 
 behalf of our lord the king and for the tuition of the city, ought to compel by 
 rigour or otherwise all inhabitants of the city and suburbs, viz., the stronger and 
 abler men to watch by night, and distrain at his pleasure the goods and chattels 
 of all, not having respect to any one liberty or ecclesiastical goods abiding 
 
14 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 ^vithin the city. In such case, the bailiff shall do as aforesaid in the sight and 
 view of six of his fellow citizens at the least. He ought to receive the persons 
 of those citizens which dwell without the gates (except the cutlers), with their 
 goods and chattels, to remain within the city for a certain time, and deliver unto 
 them void houses wherein they may dwell honestly, and save their goods. 
 Provided they and all other men of any foreign city shall make a contribution 
 in general of all their goods for the tuition of the city during the time of 
 their abode therein, and as soon as p^ace shall happen, they shall be compelled 
 to depart. 
 
 "If the said bailiff go into foreign parts, either upon his own affairs or 
 those of the city, he shall put in his place one of his fellow citizens, for whom 
 he shall answer if he doth it not by their consent. If it shall happen the king 
 or his children come into the city, twelve of the discreetest men at the least 
 being assembled together, shall petition if any thing be wanting, and do all 
 tilings wliich belong to the king's state, so that our lord the king have no cause 
 to be aggrieved at the said city, for above all things we must beware of 
 disobedience towards him or his, by reason of divers dangers which happened 
 to our predecessors and may also fall upon us." 
 
 In addition to the chief bailiff was the escheator or king's bailiff, 
 appointed yearly to collect the rents and fees payable to the king. Although 
 this of&ce has for many years been abolished, yet, in conformity with ancient 
 custom, the escheator is still called to appear at the city sessions as bailiff of 
 our sovereign lady the Queen for her fee called the Queen's fee. The third 
 bailiff, or customer, received the tolls and profits arising from the gates, fairs, 
 and markets within the city and liberties. 
 
 Election of the Stewaed. 
 
 " And after the same manner we choose a steward, one of the city if he 
 may be had, if not, a foreigner who is known of the citizens, or for whom four 
 or six of our fellow citizens will undertake. And before the whole commonalty 
 he shall take his oath in manner as followeth." 
 
 The Steward's Oath. 
 
 " First, that he shall be faithful to our king and the city. 
 " Secondly, that he shall defend and keep the laws and customs approved 
 and used within the city. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 15 
 
 " Thirdly, he shall conceal the secrets of the city. 
 
 " Fourthly, that he shall give right judgment and exercise justice to every 
 man, not having respect to the person of any one. 
 
 " Fifthly, that he shall both counsel and assist the bailiff as often as shall 
 be needful, and especially if the bailiff be a laie or unlettered man. And the 
 steward shall be at all our courts which are holden, and the general inquisitions 
 held twice a year, if the bailiff so require." 
 
 Election of the Town Clerk. 
 
 " And we use to have our Town Clerk of the city, who shall write at the 
 aforesaid courts, and likewise at inquests taken before the bailiff or steward. 
 He shall take the same oath as the steward doth, saving that he shall not give 
 judgment and he shall not hold courts ; and he shall faithfully enter the pleas 
 of the court, and deliver all the court rolls upon the account of the bailiff. And 
 he shall not be a detainer of any part thereof to the disinheritance or damage 
 of any of our fellow citizens. And the clerk himself shall be one that hath 
 tenements and other annual revenues, whereby he may be able to answer in 
 that behalf." 
 
 By charter, the Town Clerk was styled " Custos Eotulorum and clerk of the 
 peace for the city". He was not at this time allowed a deputy, and could not 
 act as attorney at common law under pain of displacement. 
 
 Of the Coroner^ it is recorded : — " He shall be of the discreetest and ablest 
 of our citizens, for whom we ought to make answer to the king, his ministers, 
 and justices." 
 
 Freemen's Courts. 
 
 " Concerning our courts, we used to keep them on a Tuesday, from the 
 sixteenth day for sixteen days, unto which court all those which hold any 
 tenths of our Lord the king ought to come, especially to the first courts holden 
 after the feasts of Michaelmas and Easter. At which two courts the assize of 
 bread and beer shall be ordained, and the keepers to keep the same assize and 
 all other principal statutes belonging to the city. Unto the said courts and 
 other courts all complainants and defendants ought to come, and also all others 
 which will complain of any trespasses committed, or any other thing touching 
 
 ^ The duties of the Coroner seem to have been interpolated, as in some copies no mention 
 is made of this officer. Coroners were first appointed for every county in 1276, a later date 
 than the compilation of the original Custom Book. 
 
16 AXCTEXT CUSTOMS OF II ERE FORD. [chap. i. 
 
 the state of the city or themselves ; and they o\ight to speak the truth upon 
 their own peril, not bringing with them any stranger. If they have need let 
 them have one of their fellow citizens, a discreet man, to counsel and speak 
 for them." 
 
 Strangers coming to the Court. 
 
 " If any stranger doth come with any one of our citizens and doth speak 
 any thing against the laws and customs, the bailiff or the steward shall 
 command him to hold his peace and to speak no more of these matters. If he 
 will not, let him be enjoy ned and charged to keep silence, and if as yet he will 
 not, that citizen which brought him shall be commanded that both of them 
 depart from the court. If they will not, it shall proceed against the citizen as 
 against a rebel and perjured person, as for the stranger, he shall be cast out of 
 the court by the petty constables, even by violence if it shall be needful. 
 Because we use that no strangers shall come and implead amongst us, and know 
 the secrets of our courts, for divers dangers that might thereby ensue. If any 
 judgment be given, or any execution of writs of our lord the king be impleaded, 
 or any doubt, or ambiguity, shall be upon any of our laws and customs, or 
 anything touching the commonalty, then the bailiff or steward, by all kind of 
 rigour, may compel the discreetest, or any other citizen whom they have need of, 
 to come unto them. If any widow or orphan have received any injury, wrong, 
 or injustice, the bailiff or steward ought to help and assist them at all hours, as 
 well in as out of court. The pleas of the said court being finished, the king and 
 commonalty may command that all those which are not of the liberty should go 
 out of the house and depart from the courts, that the bailiff and steward may 
 take notice if there are any secrets or business which may concern the state of 
 the city or the citizens thereof" 
 
 The General Inquisition. 
 
 " Concerning the general inquisition and others to be taken, we use that the 
 bailiff ought and may hold it whensoever it shall be needful, upon the effusion 
 of blood and contentions, and other things done against the peace and 
 tranquillity of the city. And he shall hold the same inquests, taking with him 
 the steward and coroner. 
 
 "The general inquisition shaU be held without the gates of the city, 
 between the feast of St. Michael and the feast of All Saints. Unto which 
 inquisition all citizens and other tenants of what lordship soever abiding witliiu 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 17 
 
 the liberties of the city shall come, and shall swear and present all such things 
 as concern the state of the city, and view of frank pledge. Unless they do as 
 aforesaid, they shall be deeply amerced. Afterwards, our bailiff having called 
 together the steward, town clerk, and coroner, do ordain one other inquisition, 
 majus generaU, and shall hold it in the most public place in the whole city. All 
 the discreetest of the city, of whatsoever lordship in the city, suburbs, or 
 liberties, shall be solemnly warned on behalf of our lord the king, and within 
 three or four days shall be cited to come to the said inquisition. At the same 
 shall be sworn one inquest of the suburbs or liberties, another of the men 
 dwelling within the city in any street soever, the third of the discreetest and 
 ablest men in the whole city, which shall confirm the verdicts of the other 
 inquests. Then those that are so sworn being called together, it shall be 
 commanded by the bailiff and steward that none of them go from the said place 
 or depart from the court without the special license of the bailiff or steward. 
 If any doth depart, or upon citation doth not come unto the said inquisition, let 
 it be proved against him as against a perjured person. If any citizen hath 
 willingly absented himself at the same day, he shall be deeply amerced at 
 pleasure of the bailiff and steward, and not by his fellows, and shall be counted 
 a disobedient man. The said bailiff and steward shaU hold five other inqui- 
 sitions between the feast of Easter and the feast of Pentecost, at the uttermost 
 bounds of the liberties, and one solemn inquisition in a place more public as 
 aforesaid. 
 
 "If it shall happen at the two principal courts, or at the solemn 
 inquisition, anything be proclaimed and ordained publicly touching the profits 
 of the said city by us or our fellow citizens, or if any fellow citizen break the 
 said proclamation and ordinance and be within our liberties, let him be 
 accounted as a perjured person. If he be of another condition, let him be taken 
 and imprisoned, and, if need require, he shall make satisfaction for that offence 
 at the pleasure of the bailiff." 
 
 The Common Bell. 
 
 " And it shall be commanded, on behalf of our lord the king and our 
 commonalty, at our said solemn inquisition, that amongst other things it shall be 
 proclaimed that no vagabonds or night walkers be within the city, nor in the 
 suburbs, after the ringing of our common bell. And if anyone be taken after 
 the ringing of the bell, let him be brought to the gaol of our lord the king, there 
 
 D 
 
18 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 he shall stay until the morrow, that notice and knowledge may be taken of his 
 person. Then he shall be delivered to the chief bailiff if the men in whose fee 
 the gaol is do require the same. Whether so or not, he shall make amends at 
 the pleasure of the bailiff" and commonalty. 
 
 " Concerning our bell, we use to have it in a public place where our chief 
 bailiff may come, as well by day as by night, to give warning to all men living 
 within the city and suburbs. We do not say it ought to be rung unless for 
 some terrible fire burning any row of houses within the city, or for any common 
 contention whereby the city might be terribly moved, for any enemies drawing 
 near unto the city, or if it shall be besieged, or sedition shall be between any, 
 and notice thereof given to our chief bailiff. In these and like cases all manner 
 of men abiding within the city, suburbs, and liberties, of what degree soever 
 they be, ought to come at such ringing or motion of ringing, armed with such 
 weapons as fit their degree ; and it shall be commanded or told tliem by our 
 chief bailiff, in behalf of our lord the king, what is to be done for the preserva- 
 tion and tranquillity of the city. If any one shall not come at the aforesaid 
 ringing, or motion of ringing, let him be accounted for a rebel and perjured 
 person." 
 
 No Person to make any Merchandize not being a Freeman. 
 
 " Also we use amongst ourselves that no man of what state or condition 
 soever, shall make any merchandize nor have our common letter or test for any 
 matter touching himself, unless he be in scot and lot with our citizens, and in 
 Gilda Mercatoria as to his merchandize ; and unless he shall be dwelling in the 
 same city with his wife and children, and shall live himself there with his wife 
 and chattels, up rising and down lying. This custom was wont to be published 
 at the two principal inquisitions twice a year." 
 
 The Tenants of Bishop, Dean, and Chapter to enjoy our Customs only 
 
 BY Composition.^ 
 
 " Neither were the men of the bishop, and dean, and chapters' fees to do 
 amongst us after the same manner, unless a composition had been made 
 between us and them, which we for reverence to God and the church our mother 
 had granted unto them. Also for divers alms given to our citizens and other 
 poor and impotent of our city in an almshouse, by the keeper of the same, for 
 * This composition was made early in the reign of King John. ^ Duncovibe, 297. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 19 
 
 ever. And it was not our intention that those men the tenants of the bishop, 
 dean and chapter, should have or enjoy our laws and customs unless after the 
 same manner as we enjoy them. Those men and their tenants, and all tenants 
 of other fees within the city and suburbs, shall be obedient to our chief bailiff 
 for the execution of the writs of our lord the king ; and they shall answer and 
 justify themselves before him concerning trespasses done unto them, or done by 
 them unto others in the king's highway, without the doors of their houses. 
 The tenants of the dean and chapter shall come unto our court at their pleasure, 
 to plead and do all other things touching their estate or liberty, always 
 excepted they do not bring any strangers with them to speak for them, unless 
 they shall be of our citizens, to whom our laws, customs, and secrets do 
 appertain; because we use that those that are against our laws and customs 
 shall not enjoy them in their necessity." 
 
 Eespecting Dissensions amongst Citizens. 
 
 " If it happen that strife and discord arise between them and us, tliose 
 that are found faulty shall make amends before the lord of their fee, our chief 
 bailiff and steward, and twelve citizens. But if any discord be amongst our- 
 selves, or certain of our citizens, by which tlie peace or tranquillity of our city 
 might be troubled or disturbed, and those by way of love should refuse to unite 
 themselves, when notice thereof shall come unto our chief bailiff, forthwith he, 
 taking with him the bailiff of that fee and twelve of the discreetest and 
 stoutest men of the city, shall cause them to come by all way of rigour, and 
 shall compel them to come before them, and there, for the avoiding of further 
 danger, the discord shall be determined and amends made according to their 
 discretions. If they refuse, let them be accounted perjured persons, and the 
 whole commonalty, by notice and premonition of their bailiffs, shall account 
 them rebels and see they come not among them in their congregations, any 
 composition or liberty in this case notwithstanding." 
 
 The Mannee of making Fkeemen. 
 " Concerning tliose which would be made freemen or enjoy our liberty. 
 First of all let them come unto our chief bailiff, either by themselves or by 
 their friends, lovingly beseeching and entreating. And then the bailiff shall 
 appoint them a day to come unto the next court, and there to notify unto them 
 the pleasure of the commonalty, especially if the men are strangers. But if 
 
20 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 tliey are born in tlie city and of good report, and if their presence may be 
 profitable to the city for wisdom or other worth known to the citizens, then the 
 bailiff, having called together the steward and twenty at least of the discreetest 
 and ablest men, especially of the king's fee, shall cause .them to come in a public 
 place where our courts are held, having with them the common charter of the 
 city. Then the steward shall take the book and bid them lay their right hands 
 thereon, commanding all those that are standing by on behalf of our lord the 
 king to keep silence, and shall swear them in this manner : — 
 
 " First, that they shall be true and faithful to our lord the king and his 
 heirs the kings of England, 
 
 " Secondly, that they shall defend and keep the laws and customs, made 
 known unto them by their bailiff and the discreetest of his citizens. 
 
 " Thirdly, that when any secrets touching the state of the city are made 
 known unto them, they shall not reveal them unless it be to their fellow citizens. 
 
 " Fourthly, that they shall be obedient to the chief bailiff and to the 
 commonalty of the city aforesaid, in all things touching the state of the city. 
 
 " Then let them kiss the book,i and it shall be told them by the steward 
 that in all things and above all things they take great heed they be not 
 forsworn in any thing, because the custom of the city is, that if any man be 
 convicted of perjury he shall lose his freedom altogether, and never recover it 
 again, unless by special favour of the commonalty, and by redemption of his 
 goods and chattels for at least twice as much as he gave before. And it shall 
 be charged them that they have some tenements or other yearly revenues upon 
 the king's fee, within a year and a day next following, by which they may 
 justify themselves to our lord the king and his commonalty, if not, they shall 
 lose their freedom." 
 
 The Heirs of Citizens to be made free foe Twelvepence. 
 
 " If the heir of any of our citizens shall be willing to enter into our 
 freedom, it shall forthwith be done by him as by the other aforesaid, saving 
 they shall pay unto our bailiff only twelvepence. And the names of all those 
 which hold our liberty and freedom shall be written by the town clerk in a 
 paper. It shall be told them in behalf of our lord the king and commonalty 
 that they are prepared, as well by day as night, armed with weapons fitting 
 
 ^ It is worthy of remark that, although nearly six hundred years have elapsed since this 
 return M'as made, the oath of a freeman is nearly the same at the present day. 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 21 
 
 their degree, whensoever they are warned by our chief bailiff, or shall hear the 
 ringing of our common bell, for the tuition of the city, or the tranquillity of the 
 citizens abiding in the same. And it shall be told them that neither they nor 
 any other of whatsoever condition, shall be quit from toll or murage, or from 
 any other customs of the said city, or of other cities or villages, unless they be 
 staying and abiding among us, uprising and down lying." 
 
 To RECOVER Debts. 
 
 " Concerning our debts, we use that the creditors shall come to our chief 
 bailiff, bringing with them two pledges at the least, or a bond for their 
 appearance if they are impotent, or upon their credit if credence may be 
 reposed in their persons. And they shall ask the bailiff that their debtors may 
 be distrained, and that, the bailiff, for the profit of the city, shall not deny unto 
 them. Then the bailiff shall give them a day on the morrow, if they are 
 strangers and not freemen, and may compel the debtors by all way of rigour 
 that they be ready to answer in that behalf. If they are freemen, let it be 
 granted unto them to answer at the next court. If the debtor can find pledges 
 to answer, the bailiff sliall tell the pledges that they are received for the whole 
 debt and all other things belonging to the court until the said debt be recovered. 
 When the creditor shall come into court a speedy remedy shall be made by the 
 bailiff and steward. When the debt shall be recovered, let them go to our clerk, 
 that, all other business laid apart, an execution of the said debt may be made, 
 first of the goods and chattels remaining in the hands of the debtor. If he 
 hath not wherewith to make satisfaction, the creditor may desire the debtor may 
 be charged not to depart from the court, until he hath fully satisfied the creditor 
 and bailiff of all amerciaments. 
 
 " In case costs be recovered, they shall be adjudged by the bailiff, steward, 
 town clerk, and the whole court. No respect shall be had to the goods and 
 chattels of any, of what condition soever they be, within the house or without, 
 or in whose hands soever they shall be found, which may be turned to the profit 
 of the creditor and the aforesaid execution. If need shall require, the revenues 
 of the debtor shall, by the bailiff or his under-bailiff, be taken in the hands of 
 our lord the king and commonalty. And it shall be charged the tenants of such 
 men that they pay their rents only to the bailiff at any time, and by his hands 
 to the creditor, until the execution be thoroughly discharged. If the tenants 
 will not so do, let them be distrained and compelled. If the bailiff or his sub- 
 
22 ANCIENT CUSTOMS OF HEREFORD. [chap. i. 
 
 bailiff be hindered performing the said execution by the debtor or any in his 
 name, let them be arrested and compelled at the pleasure of the bailiff, and let 
 it proceed against them as rebels and disobedient persons. If they be of the 
 liberty and freedom of the city and they have therewith to answer the creditor, 
 they shall make satisfaction, unless of special favour they be pardoned by the 
 bailiff and commonalty. And if the creditor hath any speciality, he must prove 
 it by his fellow citizens or others of whose fidelity the bailiff and those present 
 in court have sufficient knowledge. And if the creditor doth desire the debt by 
 his own bond alone, then the creditor may be at his own manifest law. And he 
 shall have a day at the next court, unto which, if he be a freeman, he shall 
 bring three men, if not five men, who are of a faithful condition. 
 
 " If the creditor, being a tradesman, doth seek his debt by his bill or shop 
 book, and is willing to prove the same, and the debtor declares that he knows 
 not the same bill, then respect shall be had to the fidelity of either person. If 
 the creditor hath wherewithal and was wont to lend his goods willingly to 
 others, or if the debtor be accustomed very often to borrow of divers in the 
 city by his fair speeches or against their desires, in such case let judgment be 
 given, and let justice stand by the consideration of the baUiff" and the whole 
 court. If the creditor doth show any sealed deed or speciality, and it be denied 
 by the debtor, that deed or speciality shall be delivered to the bailiff in court to 
 be kept in the hands of the bailiff or town clerk until the court next following. 
 Unto which the witnesses named in the said deed, if they are living, ought to 
 come. If, otherwise, twelve of our citizens, who have more credit and 
 knowledge of the deed or speciality, be found to prove it true and right, the 
 creditor shall recover the debt with costs by them to be adjudged. Notwith- 
 standing, let him be imprisoned until he hath given satisfaction to the bailiff 
 and commonalty. If the deed be found to be false, let it be done with the 
 creditor as with the debtor, and the debtor shall recover costs by the con- 
 sideration of those twelve men if he doth require the same. 
 
 " If a debt be sought by the executors of any one, first let him show his 
 testimony in court. The debtor ought not to go from the said debt being sought 
 for, unless he hath an acquittance of the debt, or our citizens, of whose fidelity 
 the bailiff and court have sufficient notice, have seen the demanded debt paid 
 to the testator or had been so told by him. If a debt be demanded against 
 executors they ought not to answer unless the testator hath made some act or 
 deed whereof our citizens have had knowledge, because they ought not to make 
 
CHAP. I.] ANCIENT CUSTOMS OF HEREFORD. 23 
 
 a law nor swear in the name of their testator. If one of our citizens die 
 intestate, the ordinary of the city shall appoint and make executors of our 
 citizens, who shall be answerable for the debts demanded." 
 
 Here the earliest portion of the Ciistom Booh ends, and no further addition 
 appears to have been made until the reign of Edward I, when some important 
 laws were added, as described in the next chapter. 
 
24 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 CHAPTER II. 
 
 John le Gaiinter, Chief Bailiff — Customs sold to Caermarthen — Concerning Tenements — 
 Punishment for striking Bailiff — Tenement bequeathed to Citizens' Children — Respect- 
 ing Idiots — Citizens, Bail for Strangers — Tenements in High Street — Citizens receiving 
 Damage in Foreign Parts — Customs sold to Haverfordwest — No Foreigner to engross 
 Merchandize — Debt — Petition from Men of Cardiff — John le Gaunter's Customs — 
 Debts betwixt Merchants and Traders — Punishment of wilful Transgressors — The 
 Places where Courts are held— Writ of Right — Punishment of Thieves — Chief Bailiff's 
 House rent-free — Foreign Bailiffs to have a Deputy — Bakers and Brewers breaking the 
 Assize — Scolding Women — When the City la besieged. 
 
 ^N the reign of Edward I, the smaller towns began to increase 
 in importance, and perceived the advantage of settled govern- 
 ment; therefore many applications were received for the 
 Hereford Customs ; amongst other places Carmarthen, Haver- 
 fordwest, and Cardiff, petitioned for leave to use such as 
 suited their requirements. At this time John le Gaunter^ held 
 office as chief bailiff, and in consequence of these demands caused 
 certain other unwritten laws to be collected, which formed in 
 effect a supplement to those previously drawn out. Le Gaunter 
 was one of the most efficient chief bailiffs that governed the city of Hereford, 
 his talents and ability were recognised by liis fellow citizens, who elected him 
 on six occasions to this important post. His account roUs are long, interesting, 
 and beautiful specimens of caligraphy. The entries refer amongst other things 
 to journeys taken to London and other towns, probably on parliamentary 
 business, for at this date the towns and boroughs had obtained a direct voice in 
 the assessment of imposts, and for many reasons the king found it convenient 
 to seek their counsel and aid in the settlement and enactment of state contracts 
 and laws. 
 
 It appears to have been in Le Gaunter's first year of office that the 
 burgesses of Kermardine or Carmarthen sent deputies to Hereford requesting 
 
 1 The name of this chief bailiff, Le Gaunter, must not be confused with that of John of 
 Gaunt, Duke of Lancaster, who was governor of Hereford Castle in the reign of Richard II. 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 25 
 
 permission to purchase certain customs. " Carmarthen is a town of venerable 
 antiquity," says Camden, " the princes of Wales settled here their chancery and 
 exchequer for South Wales." 
 
 Customs sold to the Burgesses of Kermardine for One Hundred 
 
 Shillings. 
 
 "John le Gaunter, chief bailiff to our lord the king, called unto him 
 twelve of the discreetest men of the city, and delivered the subscribed customs 
 unto the burgesses of the village (or town) of Kermardine, for the which he 
 received one hundred shillings for the use of the commonalty." 
 
 Concerning Tenements. 
 
 "First of all we say, that every citizen of the city or suburbs may give 
 and assign their tenements freely and quietly as well in health as in sickness, 
 when and to whomsoever they please, whether those tenements are of their 
 inheritance or of their purchasing, without any malicious detracting of their 
 lord. So that they be of such age and no less, that they know how to measure 
 a yard of cloth, and to know and tell twelve pence. If there be any such 
 which may have and ask for a tenement by the legacy of his predecessor, which 
 was in any manner bequeathed unto him, the executor of that testator may be 
 compelled to bring the will into court before the bailiff, and there to show it in 
 public before twelve of the citizens called together for that purpose, so that the 
 will of the testator may be known. If it be desired, the said wiU shall be 
 enrolled in the rolls of the court for fear of combustion and theft, or any 
 alienation of the same, which might be turned into the disinheritance of those 
 citizens to whom it rightly appertaineth. And if any such testament be not 
 brought in manner aforesaid, it shall follow that he to whom it belongs do go to 
 the ordinary of the city, and there have a copy thereof given him, and let him 
 bring it to the baihff as before stated. 
 
 " And we do not use to do fealty or other foreign service to the lords of the 
 fees for our tenements, but only the yearly rents arising therefrom. Because 
 we say that we hold our tenements by the service of burgage, or as burgesses, 
 so that we have no other lord between our lord the king and us. Forasmuch as 
 our goods and chattels are to be taken and taxed at his pleasure, saving unto 
 ourselves a competent quantity for our sustentation and the tuition of our city. 
 For the city is delivered unto us and our heirs to be kept for our lord the king 
 
 E 
 
26 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 and his lieirs. "We do not use to give any heriot nor mortuary to any one at 
 the death of a citizen dying within the city or suburbs for any of his tenements 
 situate therein. If any foreigner shall get any tenement amongst us, he shall 
 not give any thing for having ingress into the same, but only twelve pence to 
 our bailiff for curtesie and presence, and for witnessing the seizin, and so much 
 also to our town clerk and to such of our sub-bailiffs as are present. 
 
 " If any foreigner hath married a daughter of a citizen or a widow amongst 
 us which holdeth tenements after any manner, at least for the term of her life, 
 that foreigner, by value of her freedom, may freely buy and sell among us 
 without any other redemption made. If any foreigner hath gotten any tene- 
 'ments among us by way of legacy for the term of his life, and suffer the same 
 to fall, or if he be a poor man and not able to re-edify his tenement, or hath 
 sold it away, in these cases our chief bailiff, calling unto him twelve men, shall 
 give them warning the first, second^ and third time that such be amended 
 within a certain day, at the pleasure of the bailiff and the aforesaid twelve men 
 called for the same purpose. 
 
 " If they will not amend and re-edify them, let a licence be given them to 
 whom the reversion of those tenements belongs, to go on according to the 
 common law of our lord the king. Because we say that the last wills of our 
 citizens, in all cases, by our customs ought to be fulfilled in all things. If any 
 one doth proceed contrary unto the customs, and doth not keep them, let him be 
 held for a perjured man, and our chief bailiff shall proceed against such a 
 person. If he be convicted upon this in open court, or before the bailiff and 
 others, called unto him in public for that intent, they to whom such reversions 
 do belong shall find fit houses for them to dwell in, to fulfil the will of the 
 testator, unless it be in a case of surrender of a possession. And we use that if 
 any of our sons be called to warrant in any case touching our tenements, he 
 shall not be held to warranty unless he be of the age of fourteen years or more. 
 Also we use if any of our citizens shall be put out of their tenements vi et 
 armis (by force of arms) or any other voluntary manner, forthwith, he that is 
 ejected or put out shall go to our chief bailiff and bring with him two sufficient 
 pledges, protesting to prosecute according to the law and custom of the city. 
 And forthwith, the chief bailiff himself, with his under-bailiff going before, 
 taking a white rod in his hand, publicly calling unto him any of our citizens, or 
 if needful the power of the city, shall go to that tenement, cast forth those that 
 inhabit and abide therein, and take it into the hands of our lord the king, and 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 27 
 
 shall cause the door next the street to be shut, and carry away the key or keys 
 openly in his hand. He shall then apppoint on the morrow, at one of the 
 clock, in a place where our pleas are held, for him or them to come which 
 demand or occupy such tenements; in the meanwhile, he shall cite so many 
 men of the neighbouring citizens as that the inquisition by no means be 
 hindered for want of jurors. 
 
 " When he hath twelve men, let it be demanded of them upon their oath, 
 and let it be inquired of the right and of the ejection, by whom it was done, 
 and of all circumstances touching the right of that tenement. If any willingly 
 absent himself from that inquisition, let him be amerced at the pleasure of the 
 bailiff and not by his partners ; and a day shall be given, from hour to hour, 
 until the plea be determined. If by the said inquisition the right of the 
 plaintiff ejected be found out, he shall recover his damage by the taxation of 
 the bailiff and inquisition; and respect shall be had to the person of the 
 plaintiff ejected, of his disgrace, and of his estate. All ejectors convicted by 
 the said inquisition, and all maintainors thereof, if there are any, shall be 
 amerced by the bailiff and not by his partners; and if the ejection be vi et 
 armis, they shall be imprisoned and not delivered, unless in the presence of the 
 commonalty in a full court, and this is to the chastizing of others. Then the 
 bailiff, with his under-bailiff going before, and those of the inquisition, shall 
 publicly go to the tenement, and reach and take the key or keys, and open it, 
 and put him that was ejected in his former state. 
 
 " If he that was ejected can show to the bailiff that his goods and chattels 
 were taken away in the time of his ejection, forthwith the bailiff ex officio suo 
 shall have an inquisition, and if they find any culpable thereof, they shall be 
 attached and imprisoned until they have given satisfaction to the party ejected, 
 and to the bailiff on behalf of the commonalty. If any one in this or any 
 execution touching this case trouble our bailiff, he shall lose his liberty, and be 
 taken for a perjured person and be imprisoned, there to stay until he have 
 satisfied the bailiff and commonalty to the consent of both." 
 
 Punishment for Striking the Bailiff. 
 
 " If any one lay his hands upon the bailiff or smite him maliciously, and 
 be convicted, such men, before the coming of WiUiam the Conqueror, were wont 
 to lose the member so striking, by the custom of this city. Which custom was 
 left in his time, by reason of a certain priest who came to this city Math a 
 
28 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 Nuncio or messenger, in great state, and evil behaved himself, for that he Avould 
 have taken the daughter of a certain citizen of ours by force of arms. A hue 
 and cry being raised, the bailiff came in with the power of the city, and he 
 stroke the bailiff with a sword upon the head, and flying away was taken and 
 held in prison. For whom the said William sent a letter praying that the 
 punishment and custom during his time, and especially at that time, might be 
 remitted. And it was granted of the citizens, and we have not seen such things 
 to happen. 
 
 "If the bailiff shall hold such a striker in prison maliciously, that hath 
 brought sufficient amends according to the quality of his offence, in such a case 
 and all others touching the imprisonment of our citizens, the nearest friends of 
 such prisoner shall come in a full court, or else, having called together twelve of 
 the discreetest and stoutest men of the city, shall reveal the aforesaid things 
 unto them, and by the coasideration of those men the amends shall be adjudged. 
 Afterwards, in their sight the body of the prisoner shall be deKvered, and he 
 shall find sureties that from henceforth he shall carry himself more faithfully 
 towards the bailiff and commonalty. 
 
 Tenements bequeathed to Citizens' Childken. 
 
 " Also we use if a citizen doth bequeath any tenement to his children, or if 
 others of their parentage or friends do bequeath them either goods or chattels 
 for their sustentation, and those children be of such age that they may be 
 defrauded, the executors of him that is deceased, or the friends of those 
 children, shall come to our chief bailiff and shew him the will. And the bailiff 
 calling unto him twelve of the discreetest men of the city, or in fidl court one, 
 two, or three sufficient men having tenements or other revenues, may ordain 
 them to keep those children, and the aforesaid tenements, goods, and chattels so 
 bequeathed unto the use of the said children, until they, by their friends or 
 parents, demand such tenements. Then he or they in full court, and not else- 
 where, shall deliver the tenements, goods, and cliattels so bequeathed to such 
 children before the bailiff, saving unto themselves the necessary expenses by 
 them laid out for the children, and by the consideration of the bailiff and court, 
 they shall have an acquittance thereof; and if any refuse in such case to make 
 an acquittance, the bailiff shall make one for himself and commonalty, sealed 
 with the seal of his office." 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD, 29 
 
 Respecting Idiots. 
 
 " If one of our citizens allege that any testator bereft of his senses, or idiot, 
 hath alienated or put away by any kind of means any tenement, in such a case, 
 our bailiff in open court, calling unto him the executors of the testator, or other 
 citizens, their nearest neighbours, shall examine them severally, by themselves, in 
 a secret manner, to the number of twelve. And if those twelve, upon their 
 examination, do agree, the bailiff shall publicly show their sayings ; if they do 
 not agree, credit shall be given to the greater part by the consideration of the 
 court. If it be found that such were of a sound mind and not idiots, let 
 judgment and justice be done ; but if not of a perfect and sound mind, let it be 
 done with the tenements, if any were bequeathed, as previously said. 
 
 "If they are idiots, it shall be done after the same manner, unless they 
 have a father and mother living that desire to find and keep them, then they 
 shall be delivered to them before any other. But the manner of delivering, and 
 every circumstance touching the manner thereof, shall be enrolled in the rolls of 
 court for fear of defraudation or disinheritance which may happen to such kind 
 of persons." 
 
 Citizens that are Bail for Strangers. 
 
 '•' If any of our citizens doth call to warrant any stranger from far parts, by 
 any covin or collusion to keep back the right of his feUow citizens, and doth put 
 any issue to hinder judgment, let there be witnesses fit to be examined from the 
 city or suburbs. In such case our chief bailiff may take any inquisition upon 
 such collusion and delaying of the law. If it be found out that the delaying of 
 such right be done willingly and on purpose, let the bailiff proceed the right 
 way, and let it be done by such men as with perjured persons ; and let them 
 remain at the pleasure of the bailiff and commonalty to make satisfaction, and 
 let not any respect be had to their freedom." 
 
 Eespecting Tenements in High Street. 
 
 "Also we use that if any of our citizens hath any tenement situate in 
 the High Street of the city, or hanging over any part of the street, and it be 
 ruinous, so that danger may happen to us or our children, or others going along 
 the city, and especially if our lord the king, or any of his, should happen to pass 
 along that street, or should be in a place where there is common access, in such 
 
30 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 case our chief baiKff shall cause them to be warned that have such tenements, 
 that they amend them in a safe manner within three days. Unless they do 
 so, let three days more be given them on behalf of our lord the kiug and 
 commonalty ; and unless it be done then, our chief bailiff, taking with him the 
 power of the city if needful, shall go to such tenement, and in his presence let 
 it be thrown down at the costs of the owner, or if needful at the costs of the 
 commonalty. Should any one hinder the bailiff, let it be done to him as a 
 perjured person and a rebel" 
 
 Citizens eeceiving Damages in Foreign Parts. 
 
 " Should our citizens receive damages whilst in foreign parts, as in Wales 
 or elsewhere, for a debt or trespass of their fellow-citizens, when notice shaU be 
 given and complaint made unto our chief bailiff, he shall compel that debtor or 
 trespasser and their pledges, if there be any, to satisfy our citizens for costs and 
 damages, and also for the principal, whilst they have in their hands their proper 
 goods and chattels. And if their goods cannot make satisfaction, or if they have 
 pledges or tenements, our ancestors were wont to make sale thereof by the bailiff 
 and four or six citizens chosen for that purpose by the commonalty. If there be 
 any residue of the tenement after the satisfaction of the debt or trespass, that 
 shall be repaid to them or their heirs publicly, in the presence of the bailiff and 
 citizens. But if such men have not goods or chattels to make satisfaction, our 
 ancestors were wont to punish them by prison, there to hold them until satisfac- 
 tion was made by their friends, or else to send their bodies to foreign places. 
 Because we say, every one of us are bound to love one another, and in all things 
 by some good course to amend them ; and by no means to compel or cause them 
 to do any evil thing. This custom was delivered in the time of Hugh Suard 
 to the burgesses of Denbigh for forty shillings, in the time of King Henry 
 the Third."! 
 
 John le Gaunter's first term of office expired in 1281-82, and he was 
 succeeded by Hugo or Robert Dureward, to whom came an application for 
 certain customs from the men of Haverfordwest, at one time known as 
 Herefordwest. " This place is a county of itself, governed by a mayor, sheriff, 
 and bailiff, and called by the Britons, Hwlford."^ 
 
 1 Certain members of the Suard family, citizens of Hereford, received a grant of land 
 from Henry III, situate in Bishopsgate Street, in compensation for losses sustained during the 
 civil distiu-bances. 2 Camden's Britannia. 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 31 
 
 CUSTOAIS SOLD TO HAVERFORDWEST. 
 
 "Eobert Dureward, chief bailiff, calling twelve men, sent certain customs 
 in these words to the men of Haverfordwest, according to their petition, for one 
 hundred shillings, which these men gave. 
 
 " To all bailiffs, burgesses, and other inhabitants of the village of Haverford- 
 west, unto whom these presents shall come, 
 
 " Eobert Dureward and his associates of the king's city of Hereford sendeth 
 greeting. 
 
 " Upon a petition of yours sent unto us and our citizens, that we for certain 
 causes should certify you some of our customs to the bettering of your state and 
 tranquillity. We, considering your petition and just supplication, in such things 
 as we are bound to certify unto you by these presents." 
 
 No Foreigner to engross Merchandize. 
 
 " If any foreign merchant shall buy in our lord the king's and our city of 
 Hereford, or the suburbs, wool, cloth, corn, or other kind of provisions, or any 
 merchandize, that he may be able to live and sustain himself and family, he 
 ought, upon the first Saturday market next after the engrossing such merchan- 
 dize, to pay all his customs whatsoever. So from one market to another upon 
 the Saturday, until he and his merchandize be removed into other parts. Unless 
 he shall so do, his merchandize shall be taken as a forfeit by our chief bailiff, for 
 the use of the commonalty, who shall be answerable for the same in his accounts, 
 unless redemption be first made to the bailiff before his going out of office ; and 
 thus for all customs belonging to our lord the king. 
 
 "If any of us, of whatsoever condition, shall any way consent to such 
 strange merchandize, or patronise or protect their goods and chattels by direct or 
 other means, as if it were their own goods, to the hurting of our said custom, let 
 him be reputed as a perjured person and lose his freedom, notwithstanding any 
 privilege of our city, or of whatever condition or lordship he may be. If he 
 be a potent and able man he shall be answerable to our chief bailiff. Let him 
 give satisfaction, to his power, for all customs or profits so taken away. If he 
 hath not wherewith to answer, let him have imprisonment, until he hath made 
 amend to the bailiff and commonalty at their pleasure." 
 
B2 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 Debt. 
 
 " If any of our citizens "bring any writ of our lord the king to exclude any 
 creditor of debts amongst us from any of his debts whatsoever, and it be found 
 before our chief bailiff and steward in our courts, that such creditor, of whatso- 
 ever condition he be, do demand their debts faithfully after the wonted manner, 
 let him proceed and demand the said debt, notwithstanding any such writ. 
 Such men ought to lose their freedom, because w^e use that all debts amongst us 
 being truly sought for and demanded, shall be raised by all kind of rigour, as 
 soon as may be, at the petition of the creditor. 
 
 " In witness whereof the seal of office remaining in the common custody of 
 our chief bailiff is put to and fixed." 
 
 A year or two later John le Gaunter again became chief bailiff, and upon 
 the occasion of a petition presented by the inhabitants of Kerdiff or Cardiff, he 
 caused certain further customs to be collected. The citizens appear to have 
 granted this application by favour, stating they were not compelled to give their 
 laws to towns under mediate lords. The customs drawn up at this time are 
 more especially termed " John le Gaunter's" by the old translators : — 
 
 John le Gaunter's Customs. 
 
 " John le Gaunter, chief bailiff of Hereford, having called twelve men unto 
 him, requested certain customs heretofore used and approved, and which it 
 behoved them to send, to be certified unto the men of Kerdiff (Cardiff), then 
 desiring the- same, also for the use of other villages whose necessity should 
 require them, in case such should be sought for of him during his time. 
 
 " Those twelve men by the counsel and assent of the discreetest of their 
 citizens, said, as touching the customs sought, that although as the citizens of 
 our lord the king, who have the keeping of the city of Hereford, seeing it is the 
 principal city of all the market villages from the sea unto the limits of the 
 Severn, they ought to deliver those things by reason of an ancient law and 
 custom to such villages when it shall be needful, yet they are not bound to do 
 after the same manner for villages which are not of the same condition. There 
 are some villages belonging to our lord the king of England and his heirs 
 without a mesne or mediate lord, to such we are bound to certify concerning our 
 laws and customs as often and whensoever it shall be needful, especially because 
 we are of one and the same tenure, and nothing shall be taken of them in the 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 33 
 
 name of reward, unless it be by our common clerk for his writing and pains, as 
 they can agree. There are other market villages which are of divers lords of 
 the kingdom, in which are some natives and some countrymen, that of old do 
 corporal services to their lords divers manners of ways ; such are not of our 
 condition, and shall not have our laws and customs, unless by way of redemption 
 made to our chief bailiff, as they shall agree amongst themselves to the good 
 content of our city. Such men shall not have our common seal unless at great 
 price, or by the special entreaty of our citizens." 
 
 Debts betwixt Merchants and Tradeks. 
 
 " To the requisitions now demanded we say, if any merchant dwelling in 
 the city doth deliver his goods or chattels to another merchant, his fellow- 
 citizen, or to any foreigner, upon a bargain before trusty witnesses called for 
 that purpose, and the day of payment shall not be kept, forthwith the creditor 
 shall come to the chief bailiff and find pledges, and the bailiff shall distrain 
 those debtors, and compel them by all kind of rigour, from day to day, to pay 
 the debt. Neither ought there to be allowed but one essoigne {i.e., an excuse for 
 non-appearance), nor that, unless one party be without the town. If the deed 
 by which the debt was demanded be burnt or stolen, let the witnesses be 
 examined in open court, and the debt proved after the manner of tallage, so 
 that the creditor by no means be delayed in recovering his debt, whether such 
 debt be forty shillings or not. Because we are the citizens of our lord the king, 
 and have the custody of his city for us and our heirs, we ought not to go out of 
 our city for the recovery of our debts, for divers dangers and misfortunes which 
 might happen to our wives and children. If we spend our goods and chattels in 
 parts afar, by impleading and labouring, by that means and the like we shall be 
 impoverished, and, being made poor, not have wherewith to keep the city ; and 
 so disinheritance would easily fall upon our children." 
 
 Punishment of Wilful Teansgeessors. 
 " No citizen that is in our franchise shall give for punishment of trespass 
 by him committed against any one that is out of our franchise, more than 
 twelve pence ; but if he go on, and be a common transgressor or a night walker, 
 let him be taxed by his fellow citizens. If he will not then amend, let him be 
 amerced at the pleasure of the bailiff; and if the bailiff of his courtesie pardon 
 him, it shall be told him by the bailiff, in hope of his amendment, that hence- 
 
34 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 forth lie behave himself well towards our lord the king and commonalty, using 
 all kind of benevolence, under pain of losing his freedom. But if as yet he 
 will not amend, in full court before his fellow citizens let him lose his freedom, 
 as a perjured man and disobedient to tlie bailiff and commonalty, and let his 
 name be blotted out of the book of the bailiff. Afterwards, if he shall not 
 amend, let him be imprisoned, and stay there until he find sufficient security, at 
 the pleasure of the bailiff in open court. If as yet he shall not be amended, 
 the chief bailiff, calling unto him twenty-four men at the least, in a public 
 place, before or on the court day, shall publicly command him on behalf of the 
 king and commonalty to depart from the city. And if he will not, let him be 
 cast forth by force if needful, and by no means enter in again; then his 
 goods and chattels shall be taken and sold, unless by the special favour of the 
 commonalty. 
 
 " If his goods and chattels are not sufficient to make amends, and he have 
 a tenement, let such be taken into the hands of our lord the king and 
 commonalty, and out of the revenues thereof let satisfaction be made. The 
 heir of such delinquent may enter in such tenement by the sight and con- 
 sideration of the bailiff and commonalty, but although such malefactor hath 
 bequeathed a tenement to any one of the city or suburbs, he shall not enjoy or 
 hold the legacy, for he is not our co-citizen, and hath violated of his own accord 
 our freedom and his own. The same proceeding to be taken against maintainors 
 or protectors of such offenders, because by such, a common contention might 
 arise amongst us, and horrible manslaughter be committed, to the loss of the 
 liberty and freedom of the city and disinheritance of us and our children, which 
 God forbid in our days should happen, as it did fall out in our predecessors." 
 
 Formerly, a wide difference was made with regard to the privileges enjoyed 
 by the inhabitants of the suburbs, and those residing beyond the suburbs, but 
 nevertheless within the liberties. The former enjoyed all the customs and 
 immunities of citizens inside the walls, whilst those of the latter, governed by 
 mesne lords, were permitted to share in its laws only by the special favour of 
 the commonalty. 
 
 CONCEIJNING THE PLACES WHEKE CERTAIN COUKTS ARE TO BE HELD. 
 
 The General Inquisition. 
 
 "Also John le Gaunter commanded the said twelve to certify in what 
 places he should hold his general inquisitions twice a year, according to the 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 35 
 
 customs of their ancestors. These men said, first, between the feast of St. 
 Michael and the feast of All Saints, out of fair time, your ancestors and ours 
 were wont, in the presence of the coroner of the city and our common clerk, 
 to hold four general inquisitions, viz., one without Wyebridge Gate,^ at 
 Drybridge, or by the old tree,^ or by the other side; the second, towards 
 Sickmens^ without Eigne Gate, at a little way which leadeth to the Grange 
 belonging to the canons; the third, without Byster's Gate, otherwise called 
 Bishop's Gate, nigh unto the Priory of the city ; the fourth, at a tree near unto 
 the Eough ditch; the fifth, at the entrance of Wigmarsh, at a little brook 
 between the bridge of the Barre and of Burcott ; but those that use to come to 
 that inquisition were wont to come without Byster's Gate, and there they ought 
 to do their service, unless it be by the bailiff's courtesie ; and therefore it is 
 called an inquisition of favour, and not of law. Our ancestors said, that our 
 suburbs did extend from our city to those places, and all men abiding within 
 those bounds have the same laws and customs as we use, so they ought not to 
 be hindered nor grieved by us or our bailiffs in anything, because they shall be 
 with us in scott and lott, and be taxed and tallaged in all things touching the 
 state of the city." 
 
 WJiere Inquisitions are to he hept witliout the hounds, and otlier regulations for 
 
 dwellers therein. 
 
 " Also between the feast of Easter and the feast of Whitsuntide, out of the 
 days of the bishop's fair, there should be held by our chief bailiff, town clerk, 
 
 1 A court was held in the twelfth year of the reign of Edward IV, on the 19th day of 
 August, without Wyebridge, before George Wellford, mayor. 
 
 2 The custom of holding courts under trees is of remote antiquity ; for instance, Augustine, 
 the celebrated Roman missionary, held a conference of British clergy on the banks of the 
 Severn, under a large oak known for many years as St. Augustine's Oak. The trees that 
 marked the places where the chief bailiif of Hereford held his courts were probably renewed 
 as the old died away, for, within the memory of persons now living, ancient trees were standing 
 in the localities indicated. The yew and ash which marked the centre of this county, on the 
 high road to Leominster, two miles from Hereford, have, within the last quarter of a century, 
 been replaced by young trees. At this spot it was castomary, until the opening of the rail- 
 roads, for the sheriff of Herefordshire, and his retinue, to meet the judges of assize, and thence 
 conduct them into the city. 
 
 3 A very ancient establishment without the city gates, known as the Sickman's or Lazarus' 
 Hospital, situated at the Above Eigne ; probably the Leper's Hospital. Most of the old cities 
 were thus provided, the sufferers placed under royal protection. 
 
36 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 and coroner, four inquisitions at four places more, far and remote from the city 
 and liberties; the first, at a brook called Bayle Brook, nigh unto upper 
 Bullinghope ; the second, at a certain green place towards Sugwas, called King's 
 Acre, nigh unto Huntington ; the third, upon the great bridge in the middle ; 
 the fourth, at a certain place called Adhekerdeston,^ nigh unto Lutley. 
 And so the bishop's bailiff goes about the whole liberties of the city, except 
 beyond Wye." 
 
 Service of Liberum Feodum. 
 
 " There are some lords and their tenants who are dwellers and holders of 
 lands within the said bounds which they hold by a service called Liberum 
 Feodum ; long ago, they besought us that they might be of us, tallaged with us, 
 and free amongst us concerning toll and all other customs and services. But 
 concerning their foreign service which they do and of old have done, their lords 
 are not excluded by us nor by our liberties. For we never intermix ourselves 
 with them in anything touching those tenures, but only with those that concern 
 us, or their tenure which for a time hath been of our condition. 
 
 " We have used of old, without interruption of their lords, respecting all 
 things touching view of frank pledge, which have been presented by such 
 tenants before our chief bailiff at the aforesaid inquisitions, which could not be 
 amended in the courts of their lords, to make a convenient end thereof, that 
 our chief bailiff to our use may make amends ; and such may be amerced by 
 their fellows, that they may be corrected before the said bailiff, which in the 
 courts of such lords could not be corrected. If they cannot be corrected before 
 the bailiff in our court, the lords and tenants aforesaid being called, if they 
 are willing to come, let it be determined according to the law of the city, and 
 not according to the custom, unless by special favour of the commonalty. 
 
 " Such men shall not come into our council as those of our suburbs, unless 
 they are called by the bailiff, or have anything to say which concerns their 
 state or our own. If it shall happen to them to be impleaded by any one 
 concerning lands or tenements within the bounds aforesaid, being within our 
 
 1 It is not improbable that Adhekerdeston is the place now known as Franchisestone, the 
 boundary of the city in the south-easterly direction. The custom of beating or walking the 
 circuit of the liberties of the city is still continued, and the mayor and corporation, attended 
 by their officers, ought to perambulate the boundaries once in three years. Upon these 
 occasions halfpence were formerly given to the boys first at the bridges beneath which the 
 boundaries passed. 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 37 
 
 liberties, they ought to be determined by us and the citizens of our suburbs, 
 because in such a cause to the disinlieritance of any, we are to avoid it 
 altogether ; for every one of us, by the custom from time to time wherein no 
 memory is extant, ought to have one law. Such men ought not to be called 
 citizens, nor fellow citizens, neither ought we after that manner to write, or send 
 for them, because they are natives, or born in behalf of their lords, and hold 
 their tenements by foreign services, and are not burgesses ; and between them 
 and our lord the king there are other mediate lords, so they are not of our 
 condition. These men have not the custody of our city as those of our 
 suburbs have, neither ought they to be compelled to the keeping thereof against 
 their will, unless in time of war, and then we ought to receive them, their 
 goods and chattels, before other foreigners. 
 
 " If any of them buy a tenement in the city, or place himself and abide 
 therein, and be scott and lott amongst us, he shall not be sought again of his 
 lord by any kind of means, because whilst he dwells with us lie is free, and of 
 our condition. But let him take heed that he depart not from the city to any 
 place within the power of his lord. If such an one hath got any tenements 
 amongst us, neither his lord nor any for him shall claim it as their right, 
 because he may at pleasure buy and sell without the reproach of any of 
 us, of his lord, or any other whatsoever, so long as he remain in the city. If he 
 or any other by our consent have entered into our liberty or freedom, and hath 
 committed any offence for which he shall be adjudged some punishment, as the 
 pillory or tumbrel, let him lose his freedom as a perjured person ; but after- 
 wards by the special favour of the bailiff and commonalty he may be redeemed ; 
 unless he be a baker, or a common brewer, who, after judgment dene unto them, 
 shall swear not to bake or brew for one whole year next following, unless by 
 the special favour of the bailiff and commonalty, and then they shall redeem 
 their freedom for twice as much as they gave before. 
 
 " And such men and other tenants of any lord whatsoever, if they do their 
 merchandize, and dwell upon the fee of our lord the king, and have done any 
 offence to our chief bailiff, shall make amends although they have more 
 tenements upon the fee of any other lords whatsoever, whether they are of the 
 city or not." 
 
 The next custom appertains to property claimed under a writ of right, one 
 of the most ancient legal proceedings in the kingdom : — 
 
38 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 A Writ of Eight. 
 
 " In the time of Jolm le Gaunter, chief bailiff, a certain man of the city, 
 of the fee of the Hospital, brought a writ of right into the court of our lord 
 the king, and he (le Gaunter), not knowing, asked his fellow-citizens how and 
 in what manner he should proceed by the law and custom of the city used in 
 former times. Wliereupon the citizens said unto him, that, first, the party him- 
 self should find four or six pledges to the chief bailiff, sufficient men of the fee 
 of our lord the king. If he be a poor man, let him be allowed to proceed upon 
 his faith or credit publicly before the citizens. Then the party defendant, of 
 whatever fee or lordship he may be, shall come to the tenement demanded, by 
 the testimony of our under-bailiff and two of his fellow-citizens, to answer the 
 extremity of the law. If he do not come to the court, let him be arrested by 
 our under-bailifif with all his goods and chattels. If he shall not come to that 
 court, by our bailiff's testimony and that of the nearest neighbouring citizens, 
 let there be taken from the tenement demanded one post, to be brought into 
 court, and delivered unto our chief bailiff. The second time two shall be taken, 
 and the third time three posts, and this to be done always towards the street, in 
 reprovement to him, and for the noting of his fellow-citizens. If yet he will 
 not come, the house ought to be thrown down by taking one post towards the 
 street, and so inward and inward, until the whole house be thrown down to the 
 ground. This to be done in the presence of our chief bailiff, he having called 
 unto him the bailiff of that fee, and two more of the fee dwelling near that 
 tenement or house. If yet he shall not come, our chief bailiff, calling together 
 his commonalty, shall take a solemn inquisition, from which no one of the city 
 ought to absent himself; if they do, let them be accounted perjured persons, or 
 let them be amerced at the pleasure of the bailiff, and not by their fellows. If 
 it be found by the inquisition that the plaintiff hath right to the tenement or 
 house demanded, the seizure shall be delivered to him by the bailiff, especially 
 for the disobedience of the defendant. 
 
 " If the parties shall personally come into court, the defendant shall have 
 no essoign. And forthwith it shall be commanded them, that they prosecute by 
 all courses necessary, excepting a combat,^ which ought not to be assigned 
 
 ^ Trial by combat was the old English law of wager by " Battel", whereby the defendant in 
 an appeal might fight with the appellant, and make proof thereby, whether he was guilty of the 
 charge brought against him. Repealed by statute 59 George HI, in consequence of the 
 remarkable case of Ashford v. Thornton. 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 39 
 
 between them nor any other of our citizens, by reason of perpetual enmity of 
 us the parents and our children, which might turn to the ruin or perdition of 
 the city, and other innumerable accidents and dangers. If the tenement or 
 house demanded be upon the fee of the bishop, dean and chapter, or other lord- 
 ships within the liberties of the city, it ought not to be thrown down before 
 warning be given to them or their bailiffs. If the bailiffs of the bishop, dean 
 and chapter shall in this case purposely absent themselves, the chief bailiff, 
 calling to him six or more witnesses of the citizens, shall go to the cathedral 
 church, and there, before the chapter, declare the disobedience of their tenants, 
 and of their bailiffs, if needful. If the canons will not assist nor agree, let our 
 chief bailiff, in the face of the church and of the witnesses, his fellow-citizens, 
 declare the cause of his coming; and let him make protestation that it 
 behoveth him to proceed in administering full justice to the party, as by his 
 oath he is bound to do for every one in the city. And he shall declare that by 
 his will or knowledge he would not do anything touching that plea, to the 
 hurting of the liberties of their mother the Church. And it was not wont so 
 to be done, but a composition was made between us, which we, for reverence to 
 God and the tranquillity of their tenants and our citizens, had granted unto 
 them." 
 
 The Punishment of Thieves and Vagrants. 
 
 " In the time of John le Gaunter there was discord between the tenants of 
 our lord the king and those of the dean and chapter, respecting the taking of 
 vagabonds which by night commit mischief, under colour of ecclesiastical 
 liberty. Whereupon it was agreed by the whole commonalty of all the 
 liberties, that if any one should be taken by night leading a company, or 
 making a noise himself to the terror of his fellow-citizens, any one of the city 
 may take him without offending in any way the office of bailiff, his sub-bailiff, 
 or other watchmen. When such shall be taken, he shall be brought to the gaol 
 of our lord the king, to stay there until the morrow. At one of the clock upon 
 the morrow, he shall be brought publicly to a public place by the keepers of 
 the gaol, to the terror of others, before the chief bailiff of our lord the king, of 
 whatsoever fee he be within the city. If he be of the bishop or dean and 
 chapter's fee, he ought to be delivered with his weapons, if any were taken 
 with him, to the bailiff of his own fee, if he doth demand him by the pre- 
 monition of the bailiff of our lord the king made to the other bailiff. Should 
 it happen that by reason of some enmity his bailiff will not demand him, 
 
40 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 nevertheless he shall be led by the under -bailiffs of our lord the king to the 
 gaol of the fee to which he belongs, out of reverence to the Church our mother. 
 There he ought to stay for one day and one night, afterwards be returned by the 
 said under-bailifif, and led to the gaol of our lord the king, there to stay until he 
 have mtlde such amends as the bailiff and commonalty shall think fit. After 
 the same manner let it be done with those which by day are taken in the king's 
 streets of the city for any evil deed committed by them for which they are 
 imprisonable. 
 
 " Wlien thieves are taken in the deed, whether by day or night, let them 
 be led to the gaol of that fee wherein they are taken, and then let them have 
 their judgment without any reproach of our chief bailiff, unless they were taken 
 in the king's highway ; such shall have their judgment before the bailiff of our 
 lord the king. This is a prerogative of our lord the king which he hath had, 
 and his tenants in his name have had for a long time ; and our king hath 
 granted this prerogative to his tenants above all other liberties in the city or 
 suburbs. It was told us by our ancestors that the king had this prerogative in 
 all his cities of his whole realm of England, and he cannot grant any liberties 
 in his kingdom more freely. This custom hath been allowed in full parliament 
 at Lincoln, held the fourth year of King Henry II, at the petition of the men 
 of York.i 
 
 " If any malefactor, especially any thief, withdraw himself to any fee in 
 the city or suburbs there to make delay, or if he should lie hid to fly away, in 
 such case the bailiff of any fee whatever ought to take him and send him to 
 the gaol of the fee to which he belongs." 
 
 Chief Bailiff's House is Kent Free. 
 
 " Also we use that our chief bailiff be quit of his rent, if so be he pay any 
 rent, for the tenements wherein he dwelleth, and not for any more, because it 
 may be he possesses divers tenements upon the fee of our lord the king, to the 
 value of one half or three parts of the rents for which it behove us to pay unto 
 our lord the king for our fee farm, which might be a great evil to us and our 
 children. And if the bailiff die within one complete year, he shaU not pay the 
 rents of the first year after the day of his death, and this of a courtesy. And 
 
 ^ The first regular parliament, according to many historians, was summoned by Edward 
 I, but assemblies or parliaments were held by the sovereigns of England from an early period 
 for consultation about the public affairs of the kingdom. 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. 41 
 
 in such case his executors are bound to give an account to the commonalty for 
 his time. If they alledge that they have not wherewith, and his goods and 
 chattels are not sufSicient for satisfaction, then his heir shall answer, and shall 
 have his rents and tenements wherewithal to do it." 
 
 Foreign Bailiffs to have a Deputy. 
 
 "If it happen us to choose a foreign bailiff, we have a custom that he 
 ought not to receive any monies for anything touching his office, but he shall 
 have one under-bailiff, by us elected, who shall be answerable to us, for which 
 he shall find unto us securities." 
 
 Bakees breaking the Assize. 
 
 " In the time of Eobert Dureward there was discord between the tenants of 
 our lord the king, and the tenants of the bishop, dean, and chapter, about the 
 state of the bakers in the different fees. Wliereupon it was agreed in this 
 manner, that if the baker breaking the assize dwell upon the fee of our lord 
 the king, he shall only leave off [his trade]. But if he be stubborn and fly, and 
 purposely remove upon the fees of any of the lords aforesaid, and there exercise 
 his office or trade, his bread, of whatsoever condition it be, that is taken upon 
 the fee of our lord the king, shall be sent to the bailiff of that fee wherein he 
 continues his trade. And this is to be done three times. If he be found 
 defective after the third time, and the bailiff of our lord the king meet him in 
 the king's street or highway, he shall apprehend him, and cause the bailiff of 
 that fee to punish him, and he shall have the judgment of the pillory. After he 
 has had his judgment^ he shall be brought back to his house, and his lord or 
 lords shall take an oath and make amends as the manner is. If the bailiff of 
 that fee shall willingly absent himself, the bailiff of our lord the king shall 
 bring or send the bread found defective to the abiding place of the bishop or 
 dean and chapter, showing them the disobedience of their bailiffs and ministers, 
 by whose defect judgment had not been given. And it was agreed that those to 
 keep the assize of bread should be honest men of the fees aforesaid. Also, the 
 bailiffs of the said fees shall have the punishment of their own proper bakers ; 
 and that at all times the pillory of our lord the king be prepared ready for the 
 common use of all the bailiffs of the fees aforesaid, as often as it shall be 
 needful." 
 
42 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 Bkewers beeaking the Assize. 
 
 " Concerning common brewers, it was agreed upon to do to them as to the 
 bakers, but it was decreed that any one of the city, of whatsoever fee, may brew 
 at their pleasure, as often and whensoever it shall please them, without any 
 redemption of the bailiffs of their fees to be made, so that they be wives of 
 citizens of the same city, or that their husbands were in the freedom of the 
 city by redemption or right of inheritance. If such a brewer of any fee hath 
 brewed and broken the assize of our lord the king, allowed and publicly 
 proclaimed in the city, she ought to be amerced the first and second time at the 
 pleasure of the bailiff of that fee, and not by her fellows. If she break the 
 assize the third time, she ought to be taken by the bailiff of her fee and led to 
 the judgment, which is called the gouge stool, which shall be and is upon the 
 fee of our lord the king. There she ought to choose one of the two, that is to 
 say, to undergo the judgment or else redeem it at the will of the bailiff. If she 
 choose the judgment, let it be done unto her publicly, and let her sit thereby 
 as long as the baker did upon the pillory. Her judgment being finished, let it 
 be done with her as with the baker ; and she shall make her redemption anew 
 for having a licence to brew. If the husbands of such women wiU not permit 
 the judgment of our lord the king, let them lose their liberty and freedom as 
 perjured and disobedient men. Notwithstanding, the bailiff shaU execute 
 judgment upon such with the power of the city, if needful. If it happen any 
 brew red or corrupt beer, they ought to lose the value of such beer as the bailiff 
 shall think fit, and be amerced for the trespass at his pleasure." ^ 
 
 False Measures. 
 
 "If such brewers sell by any measure made to the deceiving of them 
 abiding in the city, let those measures be taken by the buyers, and brought to 
 the bailiff of our lord the king or of any other fee. The bailiff himself shall 
 burn such measures before their door, or else in the most public place in the 
 whole city. Those to whom they did belong shall be amerced or led unto the 
 judgment. If they refuse to be corrected or pimished as the bailiff and 
 commonalty think fit, the custom is, those that seU by such measures shall by 
 no means be redeemed until judgment be done unto them." 
 
 ^ An ancient carving on one of the misereres in Ludlow Church represents the punish- 
 ment at the Last Judgment, or Doomsday, of a dishonest ale-wife. This curious piece of 
 
CHAP. ilJ ancient customs of HEREFORD. 43 
 
 Scolding Women. 
 
 "Concerning scolding women; by them many evils do arise in the city. 
 By wrangling, fighting, and defaming, they trouble by night those that are at 
 rest, and oftentimes move schisms between their neighbours ; contradicting the 
 bailiff, ministers, and others in their prison, speaking ill or cursing them, and 
 oftentimes by their cries and clamours breaking the peace of our lord the king 
 and troubling the tranquillity of his city. Whereupon, at all times when they 
 shall be taken and convicted, they shall have their judgment without any 
 redemption. There they shall stand with their bare feet and their hair hanging 
 about their ears for so much time as they may be seen of all those which pass 
 by that place, according to the will of the bailiff of our lord the king, or of the 
 bailiffs of other fees. After the judgment be finished, let her be brought to the 
 gaol of our lord the king, and there stay until she hath made redemption at the 
 will of the bailiff whose tenant she was. If she will not be amended by such 
 punishment, let her be cast out of the city ; and this by our chief bailiff with 
 the power of the city, if needful. For divers evils and dangers may arise often- 
 times by such persons and their maintainors; and if there be any such 
 perturbers of the peace and tranquillity of the city, let it be done with them as 
 with perjured men," 
 
 When the City is besieged. 
 
 " When our city shall be besieged by the Welshmen, or by enemies of our 
 lord the king, then our chief bailiff, calling unto him the bailiffs of the other 
 fees, the constables of the peace, and twelve of the discreetest and most powerful 
 men of the city, shall send with all speed unto our lord the king, to his justices 
 of the peace, and to his sheriff as keeper of the castle, lest by him the city 
 should be any way grieved or molested. In the meantime, our chief bailiff, with 
 the assent and consent of those aforesaid, shall cause to be proclaimed that 
 every one, of what condition soever he be, which doth dwell in the city, or 
 would be assisted by the city in any thing, that they be ready, as well by night 
 
 mediseval workmanship is thus described in the October number of the British Archseological 
 Journal., 1848 : — " In the stall at Ludlow Church the demon is carrying the ale-wife with her 
 false measure and gay head-dress to thrust her into hell-mouth, the usual popular representa- 
 tion of which forms the side ornament to the right. Another demon plays her a tune on the 
 bagpipes as she is carried along. A third demon, seated on a cusp to the left, reads from a roll 
 of parchment a catalogue of her sins." 
 
44 ANCIENT CUSTOMS OF HEREFORD. [chap. ii. 
 
 as by day, to the premonition of the city, and to watch and ward when they 
 shall be warned by the constables of the peace. 
 
 " Also that no one, of whatever condition he be, shall hide, or cause to be 
 hid, any armour or manual weapons, but shall deliver such to the constables in 
 the presence of the bailiff, putting a price thereupon before his neighbours called 
 together for that purpose. And after the siege he shall choose either the price 
 or the armour at his pleasure ; and, if he refuseth the armour, that shall remain 
 to the bailiff and commonalty. And if it be found by the inquisition that there 
 be any one that doth hide his armour, weapons, goods, or chattels, as meat, drink, 
 beef, veal, or the like, wherewith the city might be helped in any way, such shall 
 be forfeited before the commonalty of the city ; and the bodies of those men 
 shall be kept without bail or mainprize until the coming of our lord the king or 
 his justices. 
 
 •' It shall be proclaimed that no one, greater or lesser, shall disclose by any 
 messengers the secrets of the city in any thing ; or send to the enemies of our 
 lord the king and ours any letters, victuals, weapons, armour, or any other things 
 necessary for them ; or shall receive letters or messages from them, unless he 
 reveal them to our chief bailiff, and to them deputed and ordained by the 
 commonalty for the keeping of the city. And if any one shall be convicted of 
 this, or a manifest suspicion is entertained of him by our citizens, let him be 
 apprehended forthwith, and led by our cliief bailiff to the cross in the market, 
 and let the common bell be three times tolled to caU the whole commonalty, the 
 greater as well as the lesser. And there let him be made solemnly to abjure the 
 city, with his wife and children, and they shall never dwell in the same again ; 
 and let him be sent to our lord the king, with the seal of the commonalty 
 testifying his fault. But, by the special favour of the commonalty, they may 
 dwell amongst us if the aforesaid things were not done by their assent ; but by 
 no means shall they dwell where they were wont, for the premonition and warn- 
 ing of other offenders of the same kind. 
 
 " If dissension be moved amongst us during the siege, forthwith the parties 
 shall be attached by the chief bailiff and twelve citizens. If they will not 
 agree, the whole commonalty being called together by the warning of the 
 common bell, let them be attached before them, and led to the common gaol, and 
 there they shall be stayed without bail or mainprize until they shall be willing 
 to agree, but the amends shall remain unpaid until after the siege. Neither do 
 
CHAP. II.] ANCIENT CUSTOMS OF HEREFORD. .45 
 
 we use to levy any debts of our lord the king, or of any whatsoever, during the 
 siege, unless those debts are for the tuition of the city. 
 
 " And we use in such a time that widows, and all men of Holy Church, 
 ought to find their ablest men, if they have any, for the tuition and safeguard of 
 the city. If they have none, they must place or appoint of the ablest in the 
 city, as well by day as by night. After the siege is done, all the armour shall be 
 delivered to our chief bailiff by indenture, and he, upon his accounts, shall be 
 answerable for them to the commonalty. During the siege, if the bailiff be 
 unable, or an impotent man, or unlearned, we choose another for the time being, 
 but not a far dweller, unless by the pleasure of the commonalty. If any 
 foreigner come amongst us during the siege of whom there is any suspicion, let 
 him be taken by the chief bailiff, or constables of the peace, or by any other of 
 our upper citizens, whether by night or by day, and let him be brought to the 
 gaol. And if he be convicted, let him be publicly sent to our lord the king ; or 
 else let redemption be taken of him as we think fit, or let him be cast beyond 
 the walls. 
 
 " And we use after the siege to pay debts, if there are any, for victuals 
 brought in during that time for our use. If our chief bailiff hath not where- 
 with to pay, in such case let him make an assessment by himself and the afore- 
 said twelve men ; then let every one of the city pay, as well widows as also 
 ecclesiastical persons, because they and all of them living within the city are 
 bound to its preservation. But the goods of those that made dissension amongst 
 us in the time of the siege, and the goods of them which were suspected, ought 
 to be paid to the encouraging of the aforesaid assessment, because such goods 
 and chattels belong and ought to be paid to us as forfeitures. When peace is 
 proclaimed, all ecclesiastical persons, of what condition soever they be, shall go 
 with a solemn procession through the whole city to pray for the peace of the 
 Church and the kingdom, and for all those which in anything had helped in the 
 keeping of the city by counsel, aid, or any other means by which we and our 
 heirs have escaped disinheritance." 
 
 This translation of the ancient Custom Book concludes with the endorse- 
 ment : — 
 
 " The customs of the city of Hereford, newly written and renewed by John 
 Chippenham, Esq., then mayor of the city aforesaid, viz., in the second year of 
 King Henry, the seventh after the Conquest, anno Dom. 1486." 
 
46 ANCIENT CUSTOMS OF H ERE FOE D. [chap. ii. 
 
 A brief notice of the instruments of punishment mentioned in this ancient 
 record may perhaps be desirable. 
 
 The gouge stool appears to have been frequently resorted to for punishing 
 offenders; it was constructed of wood, and closely resembled the old stocks 
 occasionally met with at the present day in country villages. 
 
 The tumbrel, also known as the cucking or ducking stool, was an ancient 
 Saxon mode of correction, termed in that language "scealping stoll"; by this 
 machine offenders were immersed in water until they were nearly choked, 
 whence " cucking" is supposed to be a corruption of choaking stool. When men 
 underwent this punishment it was generally executed in dirty water ; it is called 
 in Domesday Book " cathedra stercoris", and known amongst the early English by 
 the French word " trebuchet" or " tribuch", and by the Latin word " terbichetum". 
 " Thew" is another old term applied to this machine. Some antiquaries derive 
 the name from the French "coquine", meaning a beggar woman, as in that 
 country sturdy beggar women are said to have been washed in it. 
 
 The pillory was an instrument made of wood, probably deriving its name 
 from the French " pilleur". To this punishment men only were liable originally, 
 as culprits were exposed to view of passers by upon a raised platform in a 
 public part of the city, but at a later period women also were punished in this 
 manner. 
 
CHAP. III. J 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 47 
 
 CHAPTEE III. 
 
 Charters, Richard I, John, Henry III— Release from Prince Edward— Grant of Murage from 
 Edward 1 — Charter of Edward II — Grants and Charters from Richard II — Charters, 
 Henry IV, Edward IV, Elizabeth, James I, Charles II, William III — Royal Proclama- 
 tions, Henry VIII — Respecting Forbidden Books — Vagrants — Victuals — Coinage. 
 
 EEEFOED, being one of the most 
 ancient cities in the kingdom, pos- 
 sessed from an early period many 
 rights and privileges obtained from 
 the sovereigns of England. The 
 royal charters and grants from 
 whence these liberties had their 
 rise, or by which they were recog- 
 nised, are not only historically 
 interesting, but also of great actual 
 importance. It is true that many 
 of the oldest have become obsolete 
 or unnecessary, but a great part 
 still remain in force, and constitute the foundation of the present 
 municipal laws. Besides the local interest attached to these 
 documents, progressive records of this description cannot fail 
 to be useful alike to historians or antiquaries; therefore full 
 translations are inserted of the shorter grants and charters, which, with few 
 exceptions, are written in Latin, as customary in most public instruments. 
 
 The abbreviated manner of writing used at certain periods of our history is 
 greatly to be regretted, the termination of almost every word being cut off, so 
 that the distinction of cases, tenses, and numbers is lost, and much time thrown 
 away in an attempt to determine the true signification of the sentences. Local 
 writers have already made reference to the city charters, but those contained in 
 the following pages are now more fully translated from the originals. 
 
48 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 The earliest charter now in the civic archives in the Guildhall is a grant by 
 Eichard I of the city in fee farm : — 
 
 Charter of Richard I. 
 
 " Eichard, by the grace of God, King of England, Duke of Normandy and 
 Aquitaine, and Count of Anjou. To all archbishops, bishops, abbots, earls, 
 barons, justices, sheriffs, ministers, and all faithful subjects in France and 
 throughout all England, health. Know ye, that we grant to our citizens of 
 Hereford, in Wales, the town of Hereford to hold in perpetuity, upon their 
 rendering forty pounds sterling per annum, and also they shall afford their 
 assistance in fortifying that town. And for tliis grant they shall give to us forty 
 marks^ in silver. Therefore, we command that they hold the said town in 
 perpetuity by the aforesaid rent of forty pounds per annum, with all its free 
 liberties and free customs and all things thereto belonging. So that no sheriff 
 of ours shall intrude in any wise upon them concerning any plea, quarrel, or 
 other thing relating to the aforesaid town. Witnesses : H., Bishop of Durham ; 
 W. de St. Johanne. Dated from Westminster the first year of our reign, the 
 ninth of October, under the hand of W. de Longo Campo, our chancellor-elect 
 of Ely." 
 
 The royal seal has, from the appearance of the parchment, been originally 
 attached to this important document, which is only five inches square. The ink 
 still retains its blackness, and the writing is bold and clear. 
 
 A charter of incorporation was granted by King John; the annexed 
 translation is taken from a copy in the archives : — 
 
 Charter of King John. 
 
 " John, by the grace of God, King of England, Lord of Ireland, Duke of 
 Normandy and Aquitaine, and Count of Anjou. To all archbishops, bishops, 
 abbots, earls, barons, justices, sheriffs, mayors, bailiffs, and all faithful subjects, 
 greeting. Know ye, that we have granted, and by this our charter have 
 confirmed, to our citizens of Hereford, in Wales, for the faithful service of them 
 and their heirs, the said city to fee farm at forty pounds sterling per annum, 
 under and subject to all dues and services from them. To have and to hold of 
 
 ^ "In times past all great sumraes were paid by weight of gold or silver, as so many- 
 pounds or markes of silver, or so many markes of gold ; these were cut into blankes, and not 
 stamped." — Stowe's Svrvey of Londov. 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 49 
 
 us and our heirs in perpetuity, as well in war as in peace, freely and quietly, 
 fully and entirely, with all honours, liberties, and free customs to the aforesaid 
 city belonging and appertaining. So that no sheriff of ours shall in any way 
 intrude himself amongst them concerning any plea or quarrel or any occasion or 
 thing to the aforesaid city belonging, as by the charter of King Eichard our 
 brother which they hold is reasonably testified. Saving to us and our heirs in 
 perpetuity the pleas of our crown which appertain to us on the coming of our 
 justices. Also we grant to the same citizens and their heirs that they have guild 
 merchants, and Hanse and other customs and liberties appertaining to that guild, 
 and that no one who may not be of the guild shall make any merchandize in 
 the aforesaid city or suburbs, unless by the will of the same citizens. Also we 
 grant to them and their heirs that if any native or other person in the city shall 
 hold land therein by deed, and have guild and Hanse and scot and lot with our 
 said citizens for a year and a day, then he shall not return again to his own lord, 
 but shall remain free in the city. Furthermore, we give to our aforesaid citizens 
 of Hereford and their heirs that they have sake and soke and infangenethof,^ 
 and that they shall be quit in all our land of toll, lastage,^ tallage, and levy, 
 danegelt,^,gaywyte, and other customs and exactions which by our authority we 
 have power to levy as well in England as in all other our dominions. Where- 
 fore, we will and firmly command that our aforesaid citizens of Hereford and 
 their heirs have and hold the city of Hereford, in Wales, with all things 
 appertaining, at fee farm rent of forty pounds sterling per annum, to be rendered 
 for every service and exaction. And that they have guild merchants with 
 Hanse and other liberties and customs belonging to the said guild. And that 
 they have all liberties as peaceably, freely, quietly, fully, and entirely, as afore- 
 said. Witnesses : Lord Henry, Archbishop of Dublin ; Hugh de Neville ; 
 William de Cantilupe; Falke de Breant; Henry, Count Fitz Hugh de Eona; 
 and others. Given under the hand of Eichard, our chancellor, from Clarendon, 
 the 10th of July, in the seventeenth year of our reign." 
 
 This charter was ratified and confirmed by Henry III, the succeeding king,, 
 in the eleventh year of his reign. By the following charter, of the same date, 
 
 1 "A privilege or liberty granted unto lords of certain manors to judge any thief taken 
 within their fee." — Cowell. 
 
 2 Duty payable upon goods exposed for sale at markets or fairs. 
 
 ^ A tax or tribute of one shilling, afterwards two shillings, levied upon the Saxons by the 
 Danes. 
 
 If 
 
50 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 signed by the same witnesses, Henry granted to the citizens a three days' fair, 
 commencing on the feast of St. Denis, and thus originated the Hereford great 
 October fair, since become one of the largest and most noted in the western 
 counties. 
 
 Charter of Henry III. 
 
 " Henry, by the grace of God, King of England, Lord of Ireland, Duke of 
 Normandy and Aquitaine, and Count of Anjou. To all archbishops, bishops, 
 abbots, priors, earls, barons, justices of our forests, sheriffs, prepositors, ministers, 
 and all bailiffs and faithful subjects, health. Know ye, that we have granted, 
 and by this our charter do confirm, to our citizens of Hereford, in Wales, and to 
 their heirs, to have for ever a fair in our city of Hereford, the same to endure 
 for three days, that is to say, St. Denis and two following days. Provided, 
 nevertheless, that the said fair shall not be in any way detrimental or injurious 
 to the neighbouring proprietors. Wlierefore, we will and firmly command that 
 the citizens of Hereford and their heirs shall have and hold the aforesaid fair in 
 perpetuity, freely and quietly, with all liberties and customs to the aforesaid fair 
 belonging. To which these are witaesses : Peter of Winchester, Jocelin of Bath, 
 Eichard of Salisbury, bishops ; Earl Hugh de Burgh, our justice ; Eandulf de 
 Turbeville ; Eobert, son of Nicholas ; Eichard de Argentum, our seneschall ; 
 Henry de Capella ; and others. Given under the hand of the venerable father 
 Ealph, Bishop of Chichester, our chancellor, at Westminster, 23rd March, the 
 eleventh year of our reign." 
 
 The seal affixed to this charter has been greatly injured, and but a small 
 portion of the wax remains upon the thick red silk cord. 
 
 In the fortieth year of Henry III, he conferred upon the citizens the 
 return of all writs of summons of the Exchequer and all other writs in the city ; 
 and also, by another grant, ordained that the citizens should not be arrested for 
 debt in cases where they were not bail or principal debtors.^ 
 
 A grant dated from Hereford the 49th year of the same reign confers upon 
 a citizen certain property in Bye Street or Bishop's-gate, in compensation for 
 damages sustained by him during the civil disturbances. This document is 
 witnessed, amongst others, by Simon de Montfort, Earl of Leicester, and was 
 doubtless executed when Henry III and his son. Prince Edward, were brought 
 
 ^ A duplicate was subsequently made and confirmed by an inspeximus charter of 
 Edward II. 
 
CHAP. III.] ■ ANCIENT CUSTOMS OF HEREFORD. 51 
 
 to Hereford Castle in 1265 by the rebellious barons.^ A duplicate, with the 
 exception of a difference in date and witnesses, was made at Westminster 1270. 
 
 Grant of Henry III. 
 
 " Henry, by the grace of God, King of England, Lord of Ireland, Duke of 
 Aquitaine. To archbishops, bishops, abbots, priors, earls, barons, justices, pre- 
 positors, sheriffs, ministers, bailiffs, and all faithful subjects, health. Know ye, 
 that we give and grant and by this our charter do confirm to Thomas Suard, son 
 of William Suard of Hereford, all those tenements with the appurtenances 
 which were the dwellings of the Jews in Hereford, lying between lands belong- 
 ing to Gilbert Saym and land of Eobert Cachepoll in Hereford, in Bishopsgate ; 
 in recompense of the losses that the said Thomas sustained by the removal of 
 his houses without the gate de Ighnc, Hereford, thrown down by our command. 
 To have and to hold to him, his heirs and assigns, from us, our heirs and assigns, 
 in perpetuity, paying to us and our heirs one shilling from henceforth due and 
 of right accustomed. Therefore we will and command, for us and our heirs, 
 that the aforesaid Thomas have and hold the aforesaid land with its appur- 
 tenances, of us and our heirs, in recompense for the losses sustained on the 
 occasion of the removal of his houses beyond the gate de Ighne, Hereford, 
 thrown down by our command. Saving to us and our heirs one shilling due and 
 of right accustomed as is aforesaid. Witnesses to these presents : Simon de 
 Montfort, count of the kingdom; Hugh de Despenser, justiciary of England; 
 Peter de Montfort ; Giles de Argentum ; Eoger de St. Johanne ; Thomas Bygod ; 
 and others. Dated under my hand at Hereford 23rd February, in the forty- 
 ninth year of the reign." 
 
 The seal to this grant is very imperfect. 
 
 Prince Edward, eldest son of Henry III, granted a release or pardon to the 
 citizens of Hereford, in 1267, for all trespasses committed against him by them 
 during the rebellion; it was probably conferred shortly after the battle of 
 Evesham, where the Earl of Leicester and his party were finally vanquished. 
 Barrow, in his History of England, mentions that the citizens of Hereford, on 
 payment of a heavy penalty, had a pardon granted them for the part they had 
 taken in these disturbances, and there is every reason to believe the following is 
 the pardon referred to by the historian, although no allusion is made therein 
 to any fine : — 
 
 ^ Speed's U'tHt. Etig, 
 
52 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 A Eelease by Prince Edward. 
 
 " Edward, eldest son of the illustrious king of England, to all and singular 
 friends and faithful subjects to whom these presents shall come health and love. 
 Know ye that we grant pardon to all those our men of Hereford holding under 
 our lord the king aforesaid, and bear towards them no anger or displeasure for 
 certain transgressions which those men have illegally committed against us ; 
 namely, from the beginning of certain disturbances lately moving this our 
 kingdom of England to the feast of All Saints next ensuing, so that neither we 
 nor any other for us shall for the offences aforesaid detain, molest, or cause to be 
 punished, the said men of Hereford. Therefore we command and require you 
 that the aforesaid men of Hereford holding of our lord the king shall not be 
 detained, molested, or made war upon on account of the transgressions which 
 have been lately committed against us in our kingdom during the disturbances 
 aforesaid, that is to say, from the beginning of the said disturbances to the feast 
 of All Saints above written. Also to aU and singular the same men, by these 
 messages it pleases us by the advice of our counsellors to show our authority 
 and to exhibit our favour and assistance. In testimony whereof we have 
 caused these our present letters to be made to you. Farewell. Given from 
 Monmouth, 23rd day of October, the fifty -first year of the reign of our lord 
 the king." 
 
 In 1297 Edward I gave a grant of murage, under which the citizens of 
 Hereford were permitted to receive during five years certain dues then payable 
 upon merchandise exposed for sale in the city. This document is particularly 
 interesting, as it enumerates the articles at that period brought to the markets, 
 the manner in which such were carried, and the quantities or weight by which 
 they were sold. 
 
 Grant of Murage, Edward I. 
 
 "Edward, by the grace of God King of England, Lord of Ireland, and 
 Duke of Aquitaine, to the bailiff and honest men of our city of Hereford 
 greeting. Know ye that, to aid in enclosing the said city, and for security of 
 the same and parts adjacent, we grant you to take in the said city, from the day 
 of the making of these presents to the end of five years next following the 
 completion of the same, the underwritten customs, to wit : For every horseload 
 of corn brought for sale, of whatsoever kind it may be, or malt, one farthing. 
 For every horse, mare, bull, and cow brouglit for sale, one halfpenny. For 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 53 
 
 every hide of horse, mare, bull, cow, or hog, fresh, dried, or tanned, brought for 
 sale, one farthing. For every five bacons for sale, one halfpenny. For every 
 ten goats and boars for sale, one penny. For every ten sheepskins for sale, 
 one halfpenny. For every hundred skins with the wool on, carried or shown for 
 sale, one penny. For every hundred skins of lambs, goats, hares, rabbits, foxes, 
 cats, and squirrels brought for sale, one halfpenny. For every hundred of 
 dressed furs for sale, six pence. For every quarter of salt carried for sale, one 
 farthing. For every horseload of roUs or pieces of cloth brought for sale, one 
 halfpenny. For every entire piece of cloth sold above the value of forty 
 shillings, one halfpenny. For every cart of pieces of cloth drawn by a horse, 
 three pence. For every hundred rolls of worsted cloth, two pence. For every 
 hundred rolls of linen thread, one halfpenny. For every hundred of woven 
 linen of Aylesham for sale, one penny. For whatsoever chef de cendallo 
 affordaio} one penny. For other sorts, one halfpenny. For every hundred of 
 salted cod or other dried fish brought for sale, two pence. For every cart of 
 sea fish exposed for sale, four pence. For every salmon, one farthing. For 
 every horseload of sea fish exposed for sale, one penny. For every twelve 
 lampreys, one penny. For every thousand herrings, one farthing. For every 
 horse load of honey, one penny. For every sack of wool brought for sale, two 
 pence. For every cart of tan brought weekly for sale, one penny. For every 
 wey of oil or tallow, one penny. For every quarter of woad, two pence. For 
 every two thousand onions or garlic, one halfpenny. For every bale of 
 cordwain, three pence. For every hundred planks, one halfpenny. For every 
 millstone, one halfpenny. For every hundred bundles of faggotts, one farthing. 
 For every thousand turfs for sale, one farthing. For every cart-load of 
 brushwood or timber weekly brought for sale, one halfpenny. For every 
 hundred pieces of tin, brass, or copper exposed for sale, two pence. For aU 
 parcels or paimiers of whatsoever description exposed for sale not hitherto 
 mentioned, exceeding in value ten shillings, one halfpenny. For all merchandize 
 exposed for sale not heretofore mentioned, exceeding in value five shillings, one 
 farthing. 
 
 " And we command that the said customs to the end of five years be taken 
 as aforesaid, but to cease at the end of the five years. In testimony whereof 
 we have caused these our letters to be made patent for the aforesaid five years. 
 
 ^ Cendall taffetas ; a stuff with silk in it. Cendulae ; shingles to cover houses. 
 
54 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 Witness ourselves at Wartre,^ the sixth day of June 1297, in the twenty-fifth 
 year of our year." 
 
 Edward II, in the eighth year of his reign, granted inspeximus charters, 
 confirming those of Eichard I, John, and Henry III. The handsome seal in 
 green wax, attached to one of these charters by a purple and scarlet cord, is in a 
 perfect state of preservation. On the obverse, the king is represented on horse- 
 back, clad in armour, and round the verge are the words " Edwardus Dei Gratia 
 Eex Anglie, D'n's Hybernie, Dux Aquitainie". On the reverse is the king 
 enthroned with crown and sceptre, round the verge the same inscription as on 
 the obverse. This is a remarkably beautiful seal, and shows the costume of the 
 king and accoutrements of his horse with great exactness. 
 
 The succeeding king, Edward III, in the first and fifth years of his reign 
 also granted inspeximus charters confirming those before mentioned. The seals 
 differ very slightly from those of the preceding reign, and are much defaced, 
 
 A pardon was granted by Edward III in 1334 to one John Pytman of 
 Homme Lacy, for certain transgressions and felony committed by him. This 
 document is very brief, and the particulars of the offences condoned are not 
 stated. The royal seal attached is in a most imperfect state. 
 
 To assist the citizens of Hereford in repairing the bridge over the river 
 AVye, Richard II made them two grants in 1383. The first is an allowance of 
 timber and stone from the royal forest of De la Haye, which at one time 
 extended nearly to the city gates, and ranged for miles over the districts to the 
 south and south-west. 
 
 Grant of Eichard II. 
 
 " Eichard, by the grace of God King of England and France, and Lord of 
 Ireland. To all to whom these presents shall come. Know ye, that it has 
 pleased us in our gracious favour to grant to the citizens of Hereford thirty oaks 
 of competent size, as our gift from the forest of De la Haye in the county 
 aforesaid, to aid in the reparation of a bridge over the Waye (Wye), near 
 Hereford, which was lately destroyed by the force and impetus of the flood. 
 Also we grant to the same citizens from the quarry of our forest aforesaid, forty 
 perches in length and forty in breadth, that is to say, so much stone as shall be 
 required to repair the same bridge, to be permitted and allowed by the keeper of 
 our said forest for the time being, under the supervision of the verderers of our 
 
 } Possibly Warter, a village in the East-Riding of Yorkshire. 
 
CHAP. iii.J ANCIENT CUSTOMS OF HEREFORD. 55 
 
 aforesaid forest. Given from Westminster the 29 th January in the sixth year 
 of our reign, under our seal." 
 
 The royal seal in white wax attached to the above is nearly destroyed. 
 
 Geant of Pontage, Eichaed II. 
 
 " Eichard, by the grace of God King of England and France, and Lord of 
 Ireland. To all bailiffs and honest men of the city of Hereford, health. Know 
 ye, that to aid in the reparation of the bridge of our city aforesaid, which in the 
 present state and condition thereof may lead to danger and loss to the men of 
 our city, we grant to you or your deputies, for the purpose of the reparation of 
 the said bridge, to receive and have all dues and customs payable on things 
 brought to be sold in the city aforesaid, that is to say : For every horseload of 
 corn brought for sale, one farthing. For every wain or small cart of grain for 
 sale, one halfpenny. For every horseload of flour, one farthing. For every 
 sheep, horse, ox, or cow, for sale, one farthing. For every hundred skins of 
 goats, lambs, hinds, does, or bucks, one halfpenny. For every hundred skins 
 of kids, hares, rabbits, foxes, cats, and squirrels, one farthing. For every 
 hundred of greywork,^ two pence. For every ten goats or pigs brought for sale, 
 one penny. For every horseload of cloth, one halfpenny. For every bundle of 
 fine cloth, one farthing. For every hundred of linen cloth, canvas, Irish cloth, 
 caleiveth, and worsted, one halfpenny. For every cask of wine or ale for sale, 
 one penny. For every cart or wain containing bundles of cloth, two pence. 
 For every wey of oil or tallow, one farthing. For every quarter of woad for 
 sale, one halfpenny. For every hundred- weight of alum, copperas, potters' clay, 
 and verdigris, for sale, one farthing. For every two thousand onions for sale, one 
 farthing. For every ten sheaves of garlic for sale, one farthing. For every 
 small cart or wain of sea fish, one halfpenny. For every horseload of sea fish, 
 one farthing. For every lamprey, fresh or salt, one farthing. For every salmon, 
 fresh or salt, one farthing. For every hundred boards, one halfpenny. For 
 every millstone, one farthing. For every thousand faggots, one penny. For 
 every quarter of salt, one farthing. For every horseload of cheese or butter, 
 one farthing. For every horseload of brushwood or charcoal weekly brought 
 for sale, one halfpenny. For every horseload of iron, one halfpenny. For 
 every hundred-weight of tin, brass, or copper, one halfpenny. For every 
 thousand nails for carts for sale^ one halfpenny. For every horseload of tan or 
 
 ^ Dressed furs imported from abroad. 
 
56 ANCIENT CUSTOMS OF HEREFORD. [chap. iir. 
 
 bark weekly brought for sale, one farthing. For all parcels or panniers of 
 merchandize exposed for sale in the city, not hitherto mentioned, exceeding in 
 value five shillings, shall be paid for the benefit of the aforesaid bridge, one 
 fartliing. And we command that the aforesaid customs to the end of the said 
 ten years be taken in form aforesaid for the reparation and emendation of the 
 said bridge, but to cease at the end of the ten years aforesaid. In witness 
 whereof these our letters we have caused to be made patent. Given at 
 Westminster the 18th of January 1383." 
 
 A similar seal to that affixed to the previous grant, and also imperfect, 
 is attached to this document. 
 
 In the following year of his reign Eichard II granted a charter permitting 
 the chief bailiff of the city of Hereford thenceforth to assume the rank and 
 title of Mayor : — 
 
 Charter of Eichard II. 
 
 " Eichard, by the grace of God King of England and Trance, and Lord of 
 Ireland. To all to whom these presents shall come, greeting. Know ye, that 
 by our special grace, and at the supplication of our chosen and faithful knight, 
 John de Burley, we grant from ourselves and our heirs to our favoured citizens 
 of our city of Hereford, that the bailiff now having the government of the city 
 shall be named mayor of the said city, and that the citizens and their successors 
 henceforth shall choose for themselves every year a mayor of the said city for 
 the future government of the same, in the same manner as the bailiff hath 
 reasonably governed in times past. In testimony whereof we have caused these 
 our letters to be made patent. Witness ourself at Westminster, 15th November 
 in the seventh year of our reign, to which we have afl&xed our seal." 
 
 The royal seal, in green wax, fastened by a scarlet and green silk cord, has 
 on the obverse a figure of the king on horseback ; the costume, however, varies 
 considerably from that of the sovereigns represented on the earlier seals. 
 
 Eichard II also granted a licence for the mayor and citizens to purchase of 
 Thomas Chippenham and others a tenement called the Booth -hall, for the 
 purpose of erecting a house wherein to hold pleas, etc. This document bears 
 date 1392, and the seal is similar to that upon the previous charter. 
 
 A release was granted by Eoger Mortimer, Earl of March, to the citizens of 
 Hereford, for all trespasses committed by them against himself The pardon is 
 written in Norman-French, and dated from Denbigh 28th September 1393, but 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 57 
 
 the offences therein condoned are not specified. To the instrument is attached 
 by a slip of parchment the seal of the Earl of March in red wax, the impression 
 being his shield with supporters. 
 
 The mayor and citizens of Hereford received a grant from the Crown, 
 twenty-third Eichard II, in consideration of one hundred pounds paid to the 
 king, of all goods of outlaws, fines of artificers, forfeited goods and chattels of 
 felons and fugitives; deodands, and all issues, redemptions, and amerciaments of 
 all and singular citizens, their heirs and successors, in the city aforesaid ; and 
 also all fines and forfeitures of all artificers, residing in the city or suburbs, taken 
 before the justices of assize, and gaol delivery, keepers of the peace, etc. without 
 let or hindrance of the king's chancellor, treasurer, or other officers ; also the 
 goods and chattels of any person or persons taken within the said city found 
 guilty of mainour •} also of all cognizance of pleas of lands or tenements within 
 the said city and precincts thereof, touching as well novel disseisin^ and mort 
 d'ancestor,^ and persons arraigned for debt, transgressions, or any other pleas, real 
 or personal, witliih the said city, suburbs, and precincts thereof, to be held before 
 the mayor in the guildhall ; also power and authority for the mayor for the time 
 being, of trying, hearing, and determining all matters, defects, causes, and articles 
 which belong to the office of a justice of the peace, and of all other things 
 within the said city as fully as may be inquired into, and determined, by the 
 justices of the peace, etc. (except the trying of felons) ; also power for the mayor of 
 taking statute merchants, according to the form of statute merchant, and 
 statute of Acton Burn ell, and also full power for the mayor for attaching persons, 
 by their bodies, goods, or chattels, for debt ; also that citizens of the city should 
 not be compelled to come before any justices or other officer wnthout the said 
 city, on any pretence. And that the aforesaid citizens should have and hold all 
 the before mentioned concessions fully to use and enjoy.* 
 
 This grant was witnessed by the Archbishop of Canterbury; the Bishops of 
 London, Winchester, and Exeter; William Willis, treasurer; Eichard Clifford, 
 
 1 An offence where the felon is seized with the stolen goods, or (in case of murder) taken 
 with the weapon in his hand. 
 
 2 A term in law for a writ which lies for any one ejected out of their lands or tenements 
 in time of peace. 
 
 3 A writ which lies where a man's father, brother, or uncle died seized of land, and a 
 stranger enters thereupon. 
 
 * There is an endorsement upon this charter to the effect that it was examined in the 
 Tower, February 1636, and that it agreed with the record there. 
 
 I 
 
58 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 clerk, keeper of the privy seal, and otliers. It is dated 23rd of June 1400, 
 from Westminster, and bears the royal seal attached, although in a very imperfect 
 state. 
 
 Henry IV, in the first year of his reign, confirmed all charters previously 
 granted the citizens by former sovereigns. 
 
 A charter was granted by Henry VI in 1458, which exempted the citizens 
 of Hereford from being chosen collectors of customs, subsidies, etc. 
 
 Edward IV, in the third year of his reign, granted an inspeximus of all 
 charters conferred upon the citizens of Hereford by his predecessors. The royal 
 seal in green wax is affixed to this document by a purple and white cord, entwined 
 with gold thread; it is a very beautiful impression and nearly perfect. On the 
 obverse, the king is represented on horseback, clad in coat of mail, armed with 
 shield and sword ; the back grovind is filled in with a diaper pattern of roses. On 
 the reverse is the king enthroned beneath a rich canopy in his robes of state. 
 
 In 1537 Henry VIII granted a license to the mayor and citizens to 
 purchase to the annual value of forty marks in mortmain. 
 
 There is also preserved among the city records an exemplification of 
 pleadings and judgments in quo warranto, in the King's Bench against the 
 corporation, dated 1553, relating to the several liberties granted in the above 
 charters, in wliich the same charters were pleaded, and the attorney-general con- 
 fessed the plea ; and judgment was passed for the city to enjoy all their liberties 
 and franchises, saving only the king's right. The seal attached is greatly inferior 
 in design, execution, and material to those of earlier date. On the obverse is the 
 king enthroned, and on the reverse are the arms of England. 
 
 Queen Elizabeth in 1597 granted a charter of incorporation, reciting and 
 confirming former charters ; it is elaborately illuminated, the initial letter, eight 
 inches long by seven inches wide, has in the centre a well executed miniature 
 likeness of the queen arrayed in state attire. It is kept in a curious old box, 
 covered with embossed leather that has evidently been stamped and ornamented 
 with gold. 
 
 A similar charter, granted by James I, in 1620, likewise beautifully 
 illuminated, has also in the initial letter a likeness of the king, more highly 
 finished than the surrounding border work of birds and fiowers, and evidently 
 painted by a superior artist. The royal seals attached to this and the previous 
 charter are very handsome, and in good preservation. 
 
 The charter granted by Charles II requires a few explanatory remarks. It 
 
CHAP. III. J ANCIENT CUSTOMS OF HEREFORD. 59 
 
 will be remembered, that in consequence of the attempt to pass the Exclusion 
 Bill, great political excitement existed throughout the nation, and after the 
 discovery of the Rye House plot, the court party, profiting by the discomfiture 
 of their opponents, gained considerable accession of strength. In order more 
 completely to get the country into their power, the Court of King's Bench 
 pronounced that the franchises of tlie city of London were forfeited to the crown. 
 
 A modern historian commenting on these events observes : " Flushed with 
 this great victory, the government proceeded to attack the constitutions of other 
 corporations which were governed by Whig officers, and which had been in the 
 habit of returning Whig members to Parliament. Borough after borough was 
 compelled to surrender its privileges, and new charters were granted which gave 
 the ascendancy everywhere to the Tories."^ 
 
 The Hereford charter of James I was accordingly resigned on the 14th of 
 March 1682, a new ojie being granted on the 28th of the follov,-ing month. By 
 this charter Charles II reserved to himself the confirmation of the appointment 
 of chief steward, aldermen, and town clerk, thus encroaching upon the ancient 
 rights of the citizens. 
 
 But the charter granted at this time to the city of BristoP contains a far 
 more extensive and important reservation, specifying that the poiuer should 
 remain with the king at all times to remove the mayor, recorder, aldermen, sheriff, 
 and common clerk. In the charter gi-anted the city of Gloucester,^ the appoint- 
 ments of recorder and town clerk were made subject to the approval of the king 
 and his successors. The right of removal was also reserved, of the mayor, 
 aldermen, and burgesses of the common council, or any of their officers, with the 
 exception of the chamberlain, sword-bearer, and sergeant-at-mace.* 
 
 Thus, it appears that the city of Hereford received more lenient treatment 
 than some of its neighbours, but it is remarkable that although carefully 
 preserved in the archives, the charter of Charles II is completely ignored in all 
 civic records. In the succeeding reign, James II, shortly before his abdication, 
 and doubtless in the hope of regaining popularity, restored their old charters to 
 the various cities of the kingdom. 
 
 1 Macaulay, History of England. 
 
 2 The learned editor of the Bristol Charters (the Rev. Samuel Sayers) remarks that it was 
 a subject of dispute at the time he wrote (1812), amongst many legal authorities, whether the 
 proclamation issued by James II made the Charter of Charles II invalid, 
 
 3 For a perusal of the Gloucester Charter, the writer is indebted to the translator of the 
 same, the late Rev. J. Webb. * Repealed in succeeding reign. 
 
60 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 The last charter granted the citizens of Hereford is dated 1698, when 
 William III granted an inspeximus charter confirming that of James I ; which 
 continued the governing charter of the city until the passing of the Municipal 
 Eeform Act, and is yet in force so far as regards such rights and privileges of the 
 citizens as are not antagonistic to that Act, or expressly repealed by that or 
 subsequent enactments. 
 
 Thus terminates the catalogue of the Hereford charters, under which, for so 
 many centuries, the citizens enjoyed extensive immunities. 
 
 As next in importance, certain royal proclamations issued by Henry VIII 
 claim attention. This mode of intimating his will and pleasure was much 
 favoured by the king, who, towards the close of his reign, obtained an Act of 
 Parliament whereby it was ordained, that with the advice of his council the king 
 may set forth proclamations, such documents to be observed as equal in authority 
 to Acts of Parliament, 
 
 Several of these edicts are preserved in the Hereford archives, some are 
 written upon parchment, but two are especially valuable as specimens of early 
 English typography. Clearly and beautifully printed upon firm, strong paper, as 
 fresh as when first sent from the printing press, these proclamations, apart from 
 their antiquarian value, possess historical interest ; for about the time they were 
 issued, Tyndale, the celebrated translator of the Holy Scriptures, was sending 
 to this country, from his printing press in Germany, large numbers of the new 
 translation. This proceeding gave offence to the clergy, who appealed to the 
 king, and requested that the importation and circulation of the obnoxious books 
 might be forbidden. In compliance with the pressure tlius brought to bear upon 
 him, Henry VIII issued the subjoined proclamations, which, as scarce and 
 valuable examples, are inserted at length. Both the documents bear the same 
 date, the twenty-second year of the reign. 
 
 "A proclamation, made and dinysed by the kyngis highness, with the 
 aduise of his honorable consaile, for dampning of erronious bokes and heresies, 
 and proliibitinge the hauinge of holy scripture translated into tlie vulgar 
 tonge of englishe, frenche, or duche, in suche maner as within this proclama- 
 tion is expressed. 
 
 " The king, our most dradde soueraigne lorde, studienge and prouidynge 
 dayly for the weale, benefite and honour of this his most noble realme, well 
 and euidently p'ceiveth, that partly through the malicious suggestion of our 
 gostly enemy, partly by the yuell and i)cruerse inclination and sedicious dis- 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 61 
 
 position of sundry persons, diners heresies and erronious opinions liaue ben 
 late sowen and spredde among his subjectes of this his said realme, by blasphe- 
 mous and pestiferous englische bokes, printed in other regions, and sent into 
 this realme, to the entent as well to peruerte and withdrawe the people from 
 the catholike and true fayth of Christe, as also to stirre and incense them to 
 sedition, and disobedience agaynst their princes, soueraignes, and heedes, as 
 also to cause them to cotempne and neglect all good lawes, customes, and 
 vertuous manners, to the final subuersion and desolation of this noble realme, 
 if they myglit have preuayled (whiche god forbyd) in theyr most cursed 
 persuasions and malicious purposes. Whereupon the kynges highnes, by his 
 incomparable wysedome forseinge and most prudently considerynge, hath 
 inuited and called to hym the primates of this his gracis realme, and also 
 a sufficiet nombre of discrete, vertuous and well-learned personages in diuinite, 
 as well of either of the vniuersites, Oxforde and Cambrige, also other parties 
 of his realme, gyuinge unto them libertie to speke and declare playnly their 
 aduises, judgementes, and determinations, concernynge as well the approbation 
 or reiectynge of suche bokes as be in any part suspected, as also the admission 
 and diuulgation of the olde and newe testamet, translated into englisshe. 
 Wherevpon his highnes, in his owne royall person, callynge to hym the said 
 primates and diuines, hath seriously and depely, with great leisure and longe 
 deliberation, cOsulted and discussed the premises, and finally, by all their free 
 assentes, concluded that these bokes ensuynge : — 
 
 " That is to say, the boke entitled the * Wicked Mammona,' the boke named 
 tlie 'Obedience of a Christen man', the ' Supplication of Beggars', and the boke 
 called the ' Eeuelation of Antichrist ', the ' Sum'ary of Scripture', and diners 
 other bokes made in the englisshe tonge and imprinted beyond ye see, do 
 coteyne in them pestiferous errours and blasphemies ; and for that cause shall 
 fromhensforth be reputed of all men bokes of h,eresie, and worthy to be 
 dampned and put in p'petual obliuon. The kynges said highnes therefore 
 straitly chargeth all his subjectes, of what astate or cOdition he be, as they 
 wyll auoyde his high indignacion, that they do not bye or haue any of the 
 bokes before named or any copie written of the same. And to the entent 
 that his highness wylbe asserteyned what nombre of the sayd erronious 
 bokes shall be soulde from tyme to tyme within this his realm, his highness 
 comauudeth eury j)erson whiche hath any boke in the englisshe tonge, printed 
 beyond the see, or in the frenche or duche tonge ; that tliey, within fyftene 
 
62 ANCIENT CUSTOMS OF HEREFORD. [chap. in. 
 
 days nexte after the publissliynge of tliis present proclamation, do actually 
 delyuer the same bokes to the bishop of the diocese wherein he dwelleth, or 
 els before good testimonie to theyr parisshe preest, to be presented to the bishop. 
 And so doing his highnes freely pardoneth them, prouided always that they 
 fro hensforth obserue this his present gracis p'clamation. 
 
 "Also, his highnes commandeth all mayres, sheriffes, baillififes, constables, 
 biirseholders, and other officers within this his realme, that if they shall happen 
 to knowe that any person do hereafter bye or haue any of the sayde erronyous 
 books, printed anywhere, that they do immediately attache the said persons 
 and brynge hym or them to the kynges highnes and his most honorable 
 counsayle, where they shall be punished for their disobedience, to the terrible 
 example of lyke transgressours. 
 
 " Moreouer, his highness comandeth that no person take vpon hym to 
 printe any boke in englisshe tonge, concernynge holy Scripture, not before 
 this tyme printed within his realme, vntil the same bokes be examyned and 
 approued by the ordinary of the diocese, where the said bokes shall be printed, 
 and the prynter thereof vpon the bokes so examyned do sette the name of the 
 examyner with his owne name vpon the sayde bokes, as he wyl answere to 
 the kynges highnes at his vttermost peryll. 
 
 " And, farthermore, it is come to the herynge of our lorde the kynge, that 
 report is made by diuers of his subjects that it were to all men not onely 
 expedyent but also necessarye to haue in the englisshe tonge bothe the newe 
 testament and the olde ; and that his highnes, his noblemen and prelates were 
 bounden to suffre them so to haue it. His highnes hath therefore consulted 
 with the sayd primates and well-lerned personages in diuinite, and by them 
 all it is thought that it is not necessary the sayde scripture be in the englisshe 
 tonge, and in the handes of the common people ; but that the distribation 
 of the sayd scripture, and the permyttyng or denyenge thereof, dependeth 
 onely vpon the discretion of superiors, as they thinke conuenyent. And hauing 
 respecte to the malignite of this present tyme, with the inclination of people 
 to erronious opinions, the translation of the newe testamet in the vulgare 
 tonge of englysshe shoidd rather be the occasion of increese of errours among 
 the people than any benefyte towarde the weale of their soules, and it shall 
 nowe be more conuenient that the same people haue the holy scripture ex- 
 pounded to them by preachers in their sermons, as it hathe ben of old tyme 
 accustomed. 
 
CHAP. iii.J ANCIENT CUSTOMS OF HEREFORD. 63 
 
 " Albeit, if it shall hereafter appear to the kings hignes that his saide 
 people do vtterly abandon all seditious opinions with the newe testament and 
 the olde corruptly translated into the englisshe tonge, nowe being in priiite ; 
 and that the same bokes be clearly extermynate out of this realrae for euer ; his 
 highnes entendeth to prouyde that the holy Scripture shalbe by great lerned 
 and catholyke persones translated in the englisshe tonge, if it shall seme to his 
 grace convenient so to be. 
 
 " And his highnes comraandeth that all suche statutes, as before this tyme 
 haue ben made, as well in the tyme of his moste gracious reigne as also in the 
 tyme of his noble progenitours, concernyng heresies and hauing erronyous bokes 
 contrary and agaynst the faith catholyke, shall immediately be put in effectual 
 execution ouer and besyde this present proclamation. And god saue the kynge. 
 " Thomas Berthesetus regius impressore excusit. C priuilegio." 
 
 The printer Berthesetus, whose name appears in the left hand corner of 
 the above manifesto, afterwards became one of the most celebrated printers of 
 reformation times. 
 
 From the fact that the above and following proclamation were found 
 together, it is not improbable the second was a supplement to the first ; as 
 although ostensibly issued to prevent mendicity, these mandates gave the 
 authorities power to arrest persons upon slight suspicion. Duplicates still 
 remain in the archives, probably sent down for circulation. 
 
 " Mense Junii, anno regni metue'dissimi d'n'i n'ri regis Henrici octaui xxii. 
 
 " A proclamation made and diuysed by the kyngis highnes with the aduise 
 of his most honorable Counsaile, for punisshinge of vacabundes and sturdy 
 beggars. 
 
 " The kynge, our most dradde soueraigne lorde, hauynge always in his most 
 blessed remembrance, as well the cure and charge of his dignite royall, as also 
 the present astate of this his realme and his subjects of the same, considereth 
 that in all places thorowe out this his realme of Englande, vacabundes and 
 beggars haue of longe tyme encreased in great and excessive nombres, by the 
 occasion of ydelnes, mother and roote of all uices ; whereby haue spronge 
 co'tynuall theftes, mourdres, and sundry haynous offences to the high displeasure 
 of god, the inquietation and damage of his faithful subjectes and the disturbance 
 of the hoole common weale of this his realm. And whereas many and sundry 
 good lawes have ben deuised as well by his highnes as by diuers his moste 
 
C4 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 noble progenitoiirs kynges of Englande, yet notwithstanding tlie sayde nombres 
 of vacabimdes be not seen in any parte to be mynyshed, but dayly to be 
 augmented into great rowtes and companyes, which his grace euidently per- 
 ceyueth to happen, for as moche as his lawes be not from tyme to tyme put 
 in effectual execution. His highness, therefore, wyllynge to declare to all his 
 subjects his most godly and vertuous purpose and perseuerance in the perse- 
 cution of that moste damnable vj^ce of ydelnes, chief subuerter and confounder 
 of co'mune weales, eftsones wylleth and straytely commandetli all justices 
 of the peas, maires, sheryfPes, constables, bursholders, tethynge men, and other 
 his mynysters, as they will auoyde his hygh indignation and displeasure, that 
 if any of them shall, after two dayes nexte ensuynge after this proclamation 
 publisshed, happen to finde any vacabunde or myghty beggar (be it man or 
 woman) out of the hundred where he or she was borne, or out of the town 
 or place where he last dwelled in by the space of tlire yeres nexte before, 
 and that, upon knowlege of the sayde proclamation, hath not demanded a 
 byllet to convey them selfe to the sayde hundred, and be in theyr journey 
 thetherward within the sayd two dales ; that then the sayd justices shall cause 
 the sayd vacabundes to be stripped naked from the middle partes of their 
 bodies upwarde (men and women of great age or seke only excepted), and 
 beinge so naked to be bounden and sharpely beaten and skourged. And, after 
 that they be so beaten, that there be delivered to them a byllet, the forme 
 whereof appereth in the ende of this present proclamation. And the sayde 
 byllet be signed with the hande of the justice of the peas, mayre, or other 
 minister by whose co'mandement the said vacabu'de was skourged. And in 
 case any of them can not write, than the same byllet to be signed by one 
 of the best and most substantiall inhabitantes nexte adjoynynge. 
 
 More over, if any of the said vagabundes whipped in forme aforesayd, do after 
 the sayd whippinge make their abode in any place longer than a dyner tyme, or 
 the space of one night, vntil they come to the sayd place of their habitacio' 
 appoynted (being not veryly seke or hurte) that than they shall be eftsones 
 whypped and ordered as before written. Semblably, if any vacabunde being 
 taken wyll affirme that he was late whypped, and cannot shewe a byllet signed as 
 before mencioned, he shall, notwithstandynge his affirmacion, be stripped naked 
 and seen by the ministers before named. And if it evidetly appere unto them 
 by the tokens on his body that he hath ben alredy skourged, they shall suffer 
 hym to departe without other harme, with a byllet signed by them, mecionynge 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 65 
 
 where and at what time he was beaten. And if they fynde no tokens of beating 
 on his body, than they to se hym whypped as before written. And moreover 
 the kyngis highness co'mandeth al Justices and other his sayd ministers that al 
 vayne pitie and other excuses layde aparte, they endeuour to put this ordinance in 
 effectuell execution without any delay. And also that they kepe theyr watches 
 and serches according to the lawes of this realme, as they wyll answere to his 
 highness at their vttermost peryls. God saue the kynge. 
 
 " The fourme and tenore of the sedule on the byllet aboue mencioned. 
 
 "A. B. taken at C. in the countie of D. as a vagabunde, without a sedule 
 or token of skourginge and therefore whypped at C. aforesaid the day of 
 
 the moneth of the yere of the reigne of our soueraigne lorde kynge 
 
 Henry the eyght in the presence of T. E. constable and other of the inhabitants 
 of the same town. 
 
 " Tho. Berthesetus regius impressor excusit. Cum privilegio." 
 
 In this and the succeeding reigns, periods of scarcity from various causes 
 occurred only too frequently, and occasioned great distress amongst the poorer 
 classes, therefore to prevent the exportation of any article of food the ensuing 
 proclamation was issued. It appears to have been sent to the governor of the 
 castle, for the mayor had no jurisdiction in the county, to which more especially 
 the document refers. 
 
 " Henry VIII by the grace of God king of England and France, lord of 
 Ireland, Defender of the Faith, to our governor of the city of Hereford. 
 
 " We command you that on sight of these presents in all cities, towns, and 
 villages within the county, as well as beyond the liberties of the city, where it 
 appears most necessary, you cause this proclamation to be made in these words : 
 
 "The king tendering the common welthe and commoditie of his loving 
 subjects, and consyderyng what damage might ensue by scarcity of corne and 
 other vitailles, forseeth diverse persons regard their owne priuate lucre, without 
 respect of the violation and breaking of hys high commandment heretofore given to 
 the contrary, or consideration what damage they do to the residue of his grace's 
 people, and only apply all their politics dayly how to convey out of his grace's 
 realm into other countries the said vitailles in great quantities. 
 
 " By reason whereof this present year not being so fruitful as was trusted in 
 many parts of hys grace's realm, by reason of unseasonable weather, hys grace's 
 realm should be shortly brought into extreme necessitie and penurie of vitailles 
 requisite for the sustenance of mane's bodie, oneless by dredful penalties the 
 
 K 
 
66 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 covetous affection of such persons were therein in tyme restrayned. For these 
 causes hys highnes by the aduice of hys consaile for auoydyng this immynent 
 mischief in hys commonwelthe hathe for remedy thereof and to notify the same 
 unto hys people, caused proclamations to be made in all parties within this hys 
 grace's realm, strictly charging that no manner of persons borue under his 
 grace's obeysaunce or stranger of what estate soeuer, do convey out of England 
 or Wales into any other countrey, by see or land, any manner of corne, butter, 
 chese, tallow, here, beeves, mottons, or other vitailles, oneless yt be for the 
 necessary vitailles of their shippe, crayer,^ or bote, under payne of the kynge's 
 high indignation, and forfeityng the sadyd vitailles. The kynge's highnes 
 signyfyeth to all hys seneschalls that wheresoeuer any vitailles above the value 
 of XLS. be found, or known to have been laden in any shipp, or crayer, for any 
 pretence, be yt for vitaille or els to be carryed into any other place of this realme 
 in any haven, port, or rivere, as passeth to the see without knowlege given 
 thereof before the kynge's officers appointed for that purpose, then the owner of 
 that corne or other vitailles above the value of XLs. so laden, to forfeit unto our 
 souereigne lorde the value, as though yt had been conveyed contrary to the 
 effect of this proclamation, when no excuse shall be admytted. Wherfore, the 
 kynge's highnes chargeth not onely all his subjects to kepe this proclamation, 
 but also all customers and other officers in the ports and crekes of this his 
 grace's realm diligently to attend to the due execution of the premises, as no 
 default may be arrected unto them in this behalf. Whose duty shall be not 
 only to seize such vitailles as shall be taken contrary to the effect of this 
 proclamation, and signify unto the exchequer the names of such persons as 
 offende. Also by themself or their deputies to give such attendance as his 
 gracis subjects entendyng to vitaile their shippes may commodiously give 
 knowlege. 
 
 " And the kynge dothe further order, that whosever can make due infor- 
 mation, of any customer or searcher, to have suffered by connivance, any 
 shippe laden with such vitailles, contrary to the import hereof, the same 
 person giving that information before the lord treasurer and the kynges con- 
 saile shall recover of such customer the utmost value of such vitailles so 
 conveyed contrary to this proclamation, with hys costs sustayned in that 
 behalf The kynges highnes, nevertheless, for mutual relief between hys 
 lovying subjects of this hys gracis realm of England and Wales, hath ordered 
 1 A small merchant vessel about sixty tons burden. 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 67 
 
 yt shall be lawful to any person to convey from one countrie to the other 
 within his realme of Wales any of the vitailes aforesaid, so that before the 
 conveying thereof the same persons make and dilyver an obligation to the 
 kynges use, in double value of the same vitailes, to the customers, where the 
 same shall fortune to be shipped, that within the space of three months after 
 they shall bring a true certificate from the customers of the place where- 
 unto he shall arrive for the employment of the same to the use of the 
 kynges subjects there." 
 
 " Given from Chelsea-hithe, September, the 25th year of our reigne.^' 
 
 About the year 1542, Henry VIII issued some small silver coinage for 
 the use of his army in Ireland ; the general public found this so serviceable 
 that, contrary to the intention of government, the money speedily found cir- 
 culation in England. Therefore, all persons were forbidden, by proclamation, 
 to pass in England or Wales any such coins, under penalty of forfeiting treble 
 their value. 
 
 " Whereas the king's most royal majesty, at his grace's great cost and 
 expence, hathe a long time maintained and yet keepeth a grete army in his 
 land of Ireland, as well for the conservation and defence of the said land as 
 for the annoyance of such his hyhness's enemies as attempt daily great dis- 
 pleasures against his subjects of the same, and for the maintenance and relief 
 of the said army and subjects, by his most excellent wisdom hathe ordered 
 a coyne of money as well of grotes, as pens of two pens, to be current only 
 within his land of Ireland, bearing the prynt of the harpe on one syde thereof. 
 Whiche coyne dyverse and sundry persons have lately transported and brought 
 out of the said land and uttered the same within his realm of England, not 
 only to the grete detriment and hurt of his grace's land of Ireland, and the 
 said army and subjects of the same, but also to the grete deceit of his high- 
 ness's loving subjects of this his realm of England." 
 
 In common with many other cities and towns, Hereford has to deplore 
 the destruction of some of its earliest records and chronicles, and, unfortu- 
 nately, the corporation now possess few books valuable on account of their 
 antiquity. 
 
 A loss of this description occurred in 1829, when a woman employed to 
 sweep out the Guildhall obtained access to the muniment room, and abstracted 
 therefrom many books and manuscripts, which she afterwards sold as waste 
 paper to a tradesman in the town. Immediately upon the corporation becom- 
 
68 ANCIENT CUSTOMS OF HEREFORD. [chap. hi. 
 
 ing aware of the robbery, they took proceedings to regain their lost property, 
 a portion of which they finally succeeded in recovering, although in a con- 
 siderably mutilated condition.^ 
 
 Amongst the municipal records now missing from the archives of the city 
 of Hereford is the Red or Bromwich Book, which was probably commenced 
 under the supervision, or by the direction, of a mayor of that name, in 1477. 
 It is referred to, in the reign of Queen Elizabeth, " as the ancient Bed Book of 
 the City," in support of a case in dispute between the citizens and the bishop's 
 bailiff concerning the payment of certain fees. 
 
 Of the Lesser Black Book (one of those stolen from the city), about one 
 half the pages were subsequently recovered. It originally contained ordi- 
 nances and regulations connected with the city, from the reign of Edward IV 
 to that of Henry VIII, but the book now commences with minutes made at 
 a court day held in the reign of Henry VII, for the earliest pages are some 
 of those missing ; a summary of their contents has, however, fortunately been 
 transcribed into a later record. 
 
 The Great Black Book continues the relation of city affairs to the reign 
 of Queen Elizabeth, and is in a fair state of preservation. The penmanship 
 is very inferior to that of the Lesser Black Book, and, as in that record, about 
 one half the entries are made in Latin. These books will here be frequently 
 quoted, as they afford a continuous narrative of the proceedings of the city 
 authorities, extending over a course of many years. 
 
 Another of the books recovered after the robbery, has had its pages 
 divided or cut into two parts, the lower alone remaining, so that the infor- 
 mation derived from this source is extremely disjointed. There are also 
 other books, more or less perfect, to which we need not refer, but most of 
 them are of comparatively modern date. 
 
 Custodians of ancient records are sometimes censured for not throwing 
 
 1 The offender was apprehended and ultimately tried and convicted before Baron BoUand 
 at the ensuing spring assizes. Under the direction of Richard Jones Powell, Esq., then 
 Deputy Steward for the city, the recovered books were carefully arranged, numbered, and, 
 those that required it, rebound. The city of London sustained a loss similar to that of 
 Hereford, although at an earlier date, for we learn from the explanatory introduction to the 
 Liber Albns, published in 1859, under the direction of the Master of the Rolls, edited by 
 H. J. Riley, M.A., that in the reign of Edward VI, the Lord Protector Somerset borrowed 
 three cart loads of books from the library at the Guildhall, London, none of which were ever 
 returned. 
 
CHAP. III.] ANCIENT CUSTOMS OF HEREFORD. 69 
 
 open their treasures more freely to visitors, but the losses incurred in former 
 years fully justify precautions. In the Hereford archives, the originals of the 
 ancient Custom Book, King John's Charter, and the grant of arms by Charles I, 
 are now missing. Nor have the civic records alone suffered, for it appears 
 from the Eeverend John Webb's valuable work on the Civil War in Here- 
 fordshire, that Silas Taylor, one of the sequestrators appointed by Cromwell 
 for that county, being a diligent antiquary and collector of MSS., abstracted 
 important documents from the Cathedral libraries of both Hereford and 
 Worcester. 
 
70 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 [chap. IV. 
 
 CHAPTEE IV. 
 
 Courts of Record — Cause tried in the Reign of Canute — 
 Court Rolls from Edward I to Henry V— Chief Bailiffs 
 — Chief Bailiffs' and Mayors' Account Rolls from Henry 
 III to Henry VIII — Extracts therefrom — John le 
 Gaunter's Account Rolls. 
 
 AELY courts of record, now to a certain extent 
 abolished or superseded by the modern county 
 courts, were of very ancient origin, and formerly 
 known by the Saxon term "mote". 
 
 The court and castle of Hereford, in additiun to 
 the third penny of the rent of the borough and the 
 third penny of the pleas of the county, were granted 
 to Count Milo of Gloucester, in recognition of his 
 services, by the Empress Maude in the following 
 words : " Sciatis me fecisse Milonem de Gloucest : comitem de Hereford' et 
 dedisse ei motam Herefordise cum toto castello," etc. This mark of royal 
 favor was probably conferred soon after the surrender of Stephen's garrison 
 at Hereford to Maude's adherents, and the fees, fines and payments of the 
 court, together with the castle, formed a gift worthy the acceptance of a 
 powerful noble. When Stephen regained authority, it followed that Milo 
 would be divested of his honours, but they were restored by Henry II to 
 Eoger, son and heir of Milo, to whom was granted " the mote of Hereford, 
 with the whole castel and the tliird penny of the pleas of the county."^ 
 
 The Magna Curia, or great court of Hereford, was celebrated from early 
 times, a large amount of business being transacted there, and causes from 
 distant parts of the principality of Wales were frequently brought for adjudi- 
 cation. 
 
 It will be desirable to trace the origin of these courts, which had their 
 rise in Anglo-Saxon times, soon after the division of this kingdom into 
 
 ^ Girald. Cam. lli»., vol. i, p. 2. 
 
CHAP. IV.] ANCIENT CUSTOMS OF HEREFORD. 71 
 
 counties and hundreds. In the reign of King Edgar it was ordained, amongst 
 other laws, that county courts shoukl be held, with a bishop and an alderman 
 or earlderman acting as judges, one to judge according to the common, the 
 other according to the ecclesiastical, law. Of this tribunal, Hallam, in his 
 valuable work, State of Europe During the Middle Ages, says : — 
 
 " It was however to the county court that an English freeman chiefly 
 looked for the maintenance of his civil rights. In this assembly, held 
 monthly, or at least more than once a year (for there seems some ambiguity, 
 or perhaps fluctuation, as to this point), by the bishop and the earl, or in his 
 absence, the sheriff, the oath of allegiance was administered to all freemen, 
 breaches of the peace were inquired into, crimes were investigated, and claims 
 determined." 
 
 The same author gives an instance of a case tried at one of these courts 
 held at or near Hereford : " A very ancient Saxon instrument, recording a suit 
 in the county court in the reign of Canute, has been published by Hickes, and 
 may be deemed worthy of a literal translation. ' It is made known by this 
 writing, that in the shire-gemot (county court)' at Agelnothes-stane (Aylston 
 in Herefordshire), in the reign of Canute, there sat Athelstan the bishop, 
 and Raing the alderman and Edwin his son, and Leofwin Wulfig's son, and 
 Thurkill the White, and Tofig came there on the king's business, and there 
 were Bryning the sheriff, and Athelweard of Frome, and Leofwin of Frome, 
 and Goodric of Stoke, and all the thanes of Herefordshire. 
 
 " ' Then came to the mote Edwin son of Euneawne, and sued his mother 
 for some lands called Weolintun and Cyrdeslea. Then the bishop asked who 
 would answer for his mother. Then answered Thurkill the White and said 
 that he would, if he knew the facts, which he did not. Then were seen in 
 the mote three thanes that belonged to Feligly (Fawley, five miles from 
 Aylston), Leofwin of Frome, Agelwig the Eed, and Thinsig St?egthman ; and 
 they went to her and inquired what she had to say about the lands which 
 her son claimed. She said that she had no land that belonged to him, and 
 fell into a noble passion against her son, and, calling for Leof^eda her kins- 
 woman, the wife of Thurkill, thus spake to her before them : This is Leofleda 
 my kinswoman, to whom I give my lands, money, clothes, and whatever 
 I possess after my life ; and this said, she thus spake to the thanes : ' Be- 
 have like thanes, and declare my message to all the goodmen in the mote, 
 and tell them to whom I have given my lands, and all my possessions, 
 
72 ANCIENT CUSTOMS OF HEREFORD. [chap. iv. 
 
 and nothing to my son ; and bade them be witnesses to this.' And thus 
 they did, rode to the mote, and told all the goodmen what she had enjoined 
 them. Then Thurkill the White addressed the mote, and requested all the 
 thanes to let his wife have the lands which her kinswoman had given her ; 
 and thus they did, and Thurkill rode to the church of St. Ethelbert, with 
 the leave and witness of all the people, and had this inserted in a book in 
 the church." 
 
 Hallam, referring to this record, remarks : " The book kept in the church 
 of St. Ethelbert, wherein ThurkiU is said to have inserted the proceedings 
 of the county court, may or may not have been a public record." From 
 this, it would seem he was not aware that the book in which this entry was 
 made is still extant, and carefully preserved in the Hereford Cathedral library. 
 It is a copy of the four gospels, written in Latin, and on a page at the end, 
 in the Anglo-Saxon language, the suit previously described is recorded. 
 
 In his interesting work. Fasti RerefordcTises, the Eeverend F. T. Havergal 
 observes : " This volume is one of extreme curiosity, whether we regard its 
 antiquity, its sacred contents, or its interesting character and embellishments. 
 It is the oldest of all the treasures preserved at Hereford, being not less than 
 one thousand years old." 
 
 The same writer adds : " The paragraph in this instrument, which directs 
 the proceedings of the shire mote to be entered in the copy of the gospels 
 accounts for the occasional entries found in other ancient copies of the 
 gospels, of demises of lands, manumissions, and other legal proceedings." 
 
 During the reign of William the Conqueror, the trials of the ecclesiastical 
 and civil causes were separated ; previously to this date both had been tried 
 in the same court. 
 
 Eighteen only of the Hereford court rolls have survived the ravages 
 of time ; some are fairly perfect, others much defaced. 
 
 5th, Edward I. 
 
 8th, 10th, 12th, 13th, 14th, 15th, Edward II. 
 
 ?rd, 8th, 25th, 32nd, 33rd, 48th, Edward III. 
 
 1st and 2nd, Eichard II. 
 
 One of the reign of Henry IV. 
 
 2ud and 3rd, Henry V. 
 
 The contents of the above records principally consist of bills, answers, 
 and other pleadings in equity, together with reports, orders, and decrees, 
 
CHAP. IV.] • ANCIENT CUSTOMS OF HEREFORD. 73 
 
 thereupon, exhibiting some most curious and striking illustrations of manners 
 and customs and obsolete forms of law. 
 
 The most perfect of the rolls consists of five strips of parchment, each 
 about two feet in length and rather more than ten inches wide, fastened 
 togetlier in chronological order. The ink has generally preserved its colour, 
 although in some places faded from exposure to damp. It is written on both 
 sides the parchment in abbreviated Latin, and contains much that would 
 interest the antiquary and genealogist ; many names of old families and 
 places occur, such as Andrea le Chandoys, Eobert de Twyford, John de 
 Clifford, Eoger de la More, John de Rous, and others. The roll records the 
 business of the court 1336-38, and contains, amongst others, an account of 
 a suit brought against Thomas Charlton, bishop of Hereford, by a certain 
 citizen. 
 
 This prelate had been appointed to the see about ten years previously, 
 and doubtless well understood the rights claimed by his predecessors ; he also 
 held the appointments of canon of York, archdeacon of Wells, and treasurer 
 of England, yet the citizens, secure in their privileges, did not hesitate to 
 challenge his demands. 
 
 " At a court held at Hereford, before Walter le Catchepol, chief bailiff, 
 in the reign of Edward III, Eichard Moniwood complained by essendi^ against 
 Thomas de Charlton, bishop of Hereford, in a plea for that the said bishop 
 had exacted from him certain tolls." 
 
 At the same court : " Eichard de CalenhuU complained of Richard Moni- 
 wood, jun., in a plea of detaining his cattle." 
 
 At a later court : " The abbot of Eeadiiig complained against John de 
 la Chambre, in a plea that he should restore to the said abbot three messuages 
 in Hereford, which the same John held of him by a certain rent in kind, but 
 then had unjustly withli olden." 
 
 Another roll is composed of four strips of fine vellum tacked together with 
 strong linen thread; it has unfortunately suffered greatly from neglect and 
 the depredations of mice. The latter portion is now missing, and the roll only 
 measures five feet ia length by nine inches in width. It contains records of the 
 Magna Curia, or Great Court of Hereford, in the reign of Edward III, when 
 
 * " Essendi quietum de Tolonio" is a writ to be quit of toll, and lies for citizens and burgesses 
 of any city or town that, as in the case of Hereford, by charter or prescription ought to be 
 exempted from toll where the same is exacted. 
 
 L 
 
74 ANCIENT CUSTOMS OF HEREFORD. • [chap. iv. 
 
 William de Frome was seneschal, and Nicholas de Bromyard chief bailiff. The 
 well-known and learned antiquary the Eev. John Webb kindly contributed the 
 following exposition of its contents : — 
 
 " ' The Great Court held at Hereford, on Tuesday after the festival of the 
 Nativity of St. John the Baptist, in the nineteenth year of this king.' Then 
 follow the various cases, altogether thirty-two. The decision of the court is 
 entered in a small note on the left hand margin. The entries contain the names 
 of the parties, plaintiffs and defendants, with the statement of the ground of 
 application to the court, suits of debt, trespass, pleadings, recognisance, appear- 
 ance, non-appearance, etc. Days granted for appearance, distress, bail, etc., occur 
 at successive court days, often with repetition of the names and cases of the 
 same suitors. Among these the prior of the church of St. Guthlac is- conspicuous. 
 The forms in which the cases are drawn up are not set out at full length, but 
 closed with an 'et cetera'. Tuesday is the court day. 
 
 " The second court is on the Tuesday preceding the festival of the Transla- 
 tion of St. Thomas the Martyr, held before the bailiff (not named) in the 
 nineteenth year, and contains fourteen cases. 
 
 " The third court is on the Tuesday next after the festival of St. James the 
 Apostle, 'in the nineteenth year aforesaid,' and contains twelve cases. 
 
 "The fourth court is called 'Parva curia Herefordise' (or Herefordensis), held 
 on Tuesday on the Vigil of St. Lawrence, inr the nineteenth year of the king 
 aforesaid (who has however not yet been named, but the clerks are in this and 
 other respects careless throughout) ; this contains five entries. 
 
 " The fifth is called the great court ' held on Tuesday the Vigil of St. Bartho- 
 lomew, in the nineteenth year aforesaid.' It contains six entries. 
 
 " The endorsement : — ' The great court held on Tuesday on the Vigil of St. 
 Matthew the Apostle, in the nineteenth year aforesaid, in presence of William 
 de Frome the steward (senescalli).' It contains thirteen entries, chiefly relating 
 to actions for debt. At the end is the following note : ' Here begins Nicholas 
 de Bromyard, bailiff.' 
 
 "The next court day is headed: 'Placita terrse tenta die Mar. in festo sci 
 Lucie Eugelist' a° xix E. E. post conq't'^ t' Nich' Bromyard,' that is, in the time 
 of Nicholas de Bromyard. I give this as a specimen of the contractions and 
 mutilation. 
 
 1 The omission of " iij" in this place appears to be a clerical error. 
 
CHAP. IV.] ANCIENT CUSTOMS OF HEREFORD. 75 
 
 " The last court is headed : ' Placita tense tenta die Martis p'x post festum 
 sci Martini anno regni K. E. iiij a conques't decimo nono.' It contains two 
 entries of actions respecting landed property. The names of the parties occur 
 elsewhere upon the roll. 
 
 " Two specimens of entries on the court day of the Tuesday next ensuing 
 after the festival of St. James the Apostle are subjoined, put out in extenso as 
 instances of the style. 
 
 " It appears by the foregoing statements that in the nineteenth year of the 
 reign of King Edward the Third there was a greater and lesser court held at 
 Hereford by the steward and the bailiff, of which this is a record. 
 
 " The mode in which this was kept is in this mutUated relic rendered some- 
 what difficult of interpretation ; but it is believed that the account here given, 
 and the translations appended, may be fully relied upon. The manner in which 
 the clerks cited the forms of law in the instruments to which they refer for 
 brevity's sake in the dispatch of business is obscure, for they employ single 
 words or syllables to express sentences and wind them up with an 'etc.', which is 
 the usual mode of quotation adopted in the MSS. of ecclesiastical as well as legal 
 writers during the middle ages. But the carelessness of the clerk of the court 
 is remarkable, for the beginning both of the roll and endorsement omits the 
 name of the regnant king." 
 
 Cases decided in the Coukt held at Herefoed Tuesday after the Feast 
 OF St. James the Apostle (July 25) 19 Edward III. 
 
 "'In loquela que est inter Johannem de Uske et Emmam uxorem ejus 
 petentes et Johannem Herberde et Aliciam uxorem ejus tenentes, in placito quod 
 prefati Johannes Herberde et Alicia uxor ejus reddant predictis Johanni de Uske 
 et Emme uxori ejus unum messuagium cum pertinentiis in suburbio Herefordie, 
 habent de modo ad audiendum judicium suum de pluribus defaltis propter 
 defaltam eorundem Johannis Herberde et Alicia uxoris ejus factam ad curiam 
 precedentem. Et modo predictus Johannes Herberde non venit et eadem Alicia 
 uxor ^"usdem Johannis Herberde venit et petit se admitti ad jus suum defen- 
 dendum et admissa est per defaltam ipsius Johannis factam, et dicit non 
 cognoscendo quod Gilbertus de la Eoreste tenuit per legem Anglie sicut prefati 
 Johannes Uske et Emma uxor ejus supponunt per breve suum, sed dicit quod 
 idem Gilbertus de la Foreste tempore dimissionis predicte fuit seisitus in 
 dominico suo ut de feodo et jure, et hoc paratus est verificare per patriam, et 
 
70 A NCI EXT CUSTOMS OF HEREFORD. [chap. iv. 
 
 petit judicium si predicti Johannes de Uske et Emma uxor ejus inde actionem 
 habere debeant ; et predicti Johannes de Uske et Emma uxor ejus dicunt quod 
 predictus Gilbertus de la Foreste tempore dimissionis predicte tenuit per legem 
 Anglie sicut breve suum supponit et non in feodum, et hoc vult verificare per 
 patriam et ideo paratus est venire facere xii qui nee, etc., quod sint hie hodie in 
 unum mensem, et idem dies datus est partibus, etc."^ 
 
 " In loquela que est inter Eogerum atte Barre de Herefordie, payntour 
 petentem in placito terre versus Philippum filium Wilielmi Candor de Kivernowe 
 et Sibillam uxorem ejus, tenentes ; et modo predicti Philippus et Sibilla uxor ejus 
 faciunt defaltam post apparitiouem, ideo capiatur in manum Domini Eegis, et 
 similiter ad summonendum predictos Phillippum et Sibillam uxorem ejus quod 
 sint hie ab isto die in unum mensem predicti Eogeri inde responsione et ad 
 respondendum de pluribus defaltis."^ 
 
 Amongst the laws in the ancient Custom Booh drawn out for the observance 
 of the chief bailiff, it was ordained that he should render an account to the 
 citizens of his receipts and expenditure on the expiration of his term of office, 
 and the compotus or account rolls now in the archives show how faithfully 
 
 1 Translation. — "In the suit existing between John de Uske and Emma his wife, plaintiffs, 
 and John Herberde and Alice his wife, tenants, in plea that the aforesaid John Herberde and 
 Alice his wife, may surrender to the aforesaid John de Uske and Emma his wife, one messu- 
 age with its appurtenances, in the suburb of Hereford ; they have now to hear their sentence 
 for many defaults on account of the default of the said John Herberde and Alice his wife, 
 made at the court last preceding ; and now the aforesaid John Herberde cometh not, and the 
 said Alice, the wife of the said John Herberde cometh and demandeth to be admitted to defend 
 their right, and is admitted through the default made by the said John, and saith ' non cog- 
 noscendo', that Gilbert de la Foreste held by the law of England as the aforesaid John de Uske 
 and Emma his wife sup]X)se by their brief, but saith that the said Gilbert de la Forest at the 
 time of the demise aforesaid was seized in his demesne as of fee and right, and this he is pre- 
 pared to verify by his country, and demandeth judgment whether or not the aforesaid John de 
 Uske and Emma his wife ought to have action thereupon ; and the aforesaid John de Uske and 
 Emma his wife say that the aforesaid Gilbert de la Forest at the time of the demise aforesaid, 
 held by the law of England as their brief supposeth, and not in fee, and this he is willing to 
 verify by his country, and thereupon he is prepared to bring twelve who neither, etc., let them 
 be here this day month, and the same day is given to the parties, etc." 
 
 2 Translation. — "In the suit existing between Roger atte Barre of Hereford, painter, 
 plaintiff, in the plea of land, versiis Philip, son of Wm. Caudor of Kivernowe and Sybilla his 
 wife, tenants ; and now the aforesaid Philip and Sybilla his wife make default after appearance ; 
 therefore let it be taken into the hand of our lord the king, and likewise to summon the afore- 
 said Philip and Sybilla his wife to be here this day month for the answer of the aforesaid Roger 
 thereupon, and to answer for many defaults." 
 
CHAP. IV.] ANCIENT CUSTOMS OF HEREFORD. 77 
 
 this duty was performed. The oldest of these interesting and valuable docu- 
 ments bears date 1264, and it is remarkable that the information we possess 
 of the yearly city expenses in the time of the early Plantaganet kings is as full 
 and clear as could be obtained from the corporate accounts of the present day. 
 
 These long and neatly written vellum manuscripts record in Latin the 
 yearly civic disbursements and receipts, including dues and annuities to religious 
 houses and personal expenses of the bailiffs upon their journeys to London, 
 Worcester, Leominster, and other places ; gifts to strangers of distinction visiting 
 the city ; also fines of artificers, deodands, and estrays ; fines of guild merchants, 
 and fines paid upon the admission of freemen, with many other items giving an 
 insight into the manners of the time. 
 
 The catalogue of the earlier account rolls is long, but unfortunately not 
 consecutive. The most ancient, so far as at present ascertained, dates from the 
 forty-eighth year of Henry III. Twenty-two rolls remain temp. Edward L 
 From the first to the twentieth year of the reign the list is complete ; then a 
 break occurs, and rolls of the thirty-fourth and thirty-fifth years close tliis 
 series, some of which are very imperfect. There are fifteen rolls belonging to 
 the first part of the reign of Edward II ; these run consecutively, but, probably 
 owing to the civil war, when Edward II and his queen alternately made Here- 
 ford their head-quarters, the bailiffs' rolls of the last few years of this reign are 
 missing. A long blank occurs, when two rolls appear, the twenty-sixth and 
 twenty-seventh years of the reign of Edward III. One roll remains of 
 Henry VII and one of Henry VIII ; also one of Charles II. In addition to these 
 are two, where the commencement containing the date is defective. The chief 
 officers' accounts after the time of Henry VIII are written upon paper instead of 
 vellum. 
 
 Bailiffs Account Rolls. Date. 
 
 Bailiff's name not discoverable - - 48 Henry III. 
 
 Walter de Wanter - - - - 1 Edward I. 
 
 John Seym - - - - 2 „ 
 
 Hugh Seward - - - - 3 „ 
 
 Eeginald Moniwood - - - 4 „ 
 
 Same - - - - - 5 „ 
 
 Names of bailiffs unknown - - - 6,7 „ 
 
 John le Gaunter - - - - 8 „ 
 
 William Godknave - - - - 9 „ 
 
78 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 [chap. 
 
 IV. 
 
 Bailiffs' Account RoUs. 
 John le Gaunter 
 Names unknown 
 John le Gaunter 
 Name unknown 
 John le Gaunter 
 Names unknown 
 John le Gaunter 
 The same 
 
 Eichard Moniwood - 
 Hugh de Froue or Troue 
 Eichard Moniwood - 
 Names unknown 
 Henry de Orleton - 
 Names unknown 
 Phnip de Werrour - 
 Eichard Moniwood - 
 Philip de Werrour - 
 Eichard Elliot 
 Name unknown 
 Eobert Gibbs, mayor - 
 Thomas Gibbons 
 
 Date. 
 
 - 10 Edward I. 
 11, 12 
 
 - 13 
 
 - 14 
 
 - 15 
 16, 17, 18 
 
 - 19 
 
 - 20 
 
 - 34 
 
 - 35 
 
 - 1 Edward II. 
 2,3,4 
 
 - 5 „ 
 6, 7, 8, 9, 10, 11, 12 
 
 - 13 
 
 - u 
 
 - 15 
 
 - 26 Edward III. 
 
 - 27 „ 
 
 - 24 Henry VII. 
 
 - 26 Henry VIII. 
 
 Owing to the imperfect state of some of the rolls, the bailijBfs' names cannot 
 be ascertained. 
 
 A roll of fine vellum and beautiful penmanship made under the direction 
 of John de Gaunter when chief bailiff in 1287 is especially worthy of notice. 
 It is in an excellent state of preservation; the number of entries may be 
 imagined when it is stated to measure two yards in length. The date of the 
 year, the fifteenth of Edward I, is given at the commencement. From the 
 receipts we copy the following items : — 
 
 " From Alice of Clehouger for cloth of flax, ijs. 
 
 " Item, for the assay of bread at the bakehouses, xiijs. iiijt?. 
 
 " Item, from Eichard de Marcle, baker, xviijt?. 
 
 " Item, of Eichard Cok for false measui'es, xi^d. 
 
 The payments recorded are varied and numerous : — 
 
CHAP. IV.] ANCIENT CUSTOMS OF HEREFORD. 79 
 
 " Item, expenses of Jolin Gaunter in London at feast of St. Martin, xxvs. 
 
 " Item, lodging a horse in London, iiijs. 
 
 " Item, lodging a youth in London, viij^?. 
 
 " Item, in wine sent or given during le Gaunter's mission to London, viijd 
 
 " Item, on Easter Eve one salmon sent to the Bishop of Hereford, iiijs. 
 
 " Item, to the clerk of the justices, vjc?. 
 
 " Item, wine sent to the Sheriff of Hereford at Easter, xvjc?. 
 
 " Item, bread and wine sent to the Abbot of Gloucester upon his coming 
 to the city, iijs. iijc?. 
 
 " Item, bread and wine to the wife of the sheriff, ijs. 
 
 " Item, John le Gaunter paid to the Abbot of Reading, xxivs. viij(^. 
 
 " Item, expenses of John le Gaunter to Leominster, viijc?. 
 
 " Item, expenses of the same and his associates at Worcester, xxvjtZ." 
 
 The entries in these rolls of complimentary presents to the abbot of 
 Gloucester, is accounted for by the fact that the Benedictine Priory of St. 
 Guthlac, in Hereford, was an off-shoot from the great abbey of Gloucester; 
 consequently, subject to the abbot's visitorial inspection, which would fre- 
 quently necessitate his presence in this city. In 1410, a grant or annuity of 
 twenty solidos, payable from certain lands in Lower BuUinghope, or ' Bully- 
 shop,' was made from St. Peter's at Gloucester to the priory above mentioned. 
 
 Another of Le Gaimter's account rolls bears date 1291, and, although 
 shorter than the former, is yet of considerable length. After entries of money 
 received, the chief bailiff gives his disbursements ; amongst these are certain 
 payments to the abbot of Reading. That powerful abbey had, about the year 
 1120, established a priory at Leominster, but, at the close of the thirteenth 
 century, the priory and the abbey were, from various causes, both deeply in 
 debt. The Hereford civic records prove that, more than once, the abbot came 
 as plaintiff into court to demand dues and rents alleged as payable to the abbey, 
 but which, apparently, there was some difficulty in obtaining. 
 
 The custom of sending gifts to persons of distinction added considerably 
 to the civic expenditure, as all strangers of note visiting the city, or those 
 whose good will it seemed desirable to obtain, received this compliment. Upon 
 certain festival days, bread and wine were sent as an offering to the sheriff. 
 Lord Roger de BurghuU ; on another occasion, the same officer received a pre- 
 sent, stated to be customary, of fish and wine, to the value of xiiid. ; again, 
 an entry occurs of \\d. paid for poulets, forwarded to the same destination. 
 
80 ANCIENT CUSTOMS OF HEREFORD, [chap. iv. 
 
 Lord Eoger, at one time, held tlie appointment of Governor of Hereford 
 Castle, where, under his supervision, a new chapel was erected ; therefore, the 
 citizens probably considered their own interests in propitiating so powerful 
 a noble. 
 
 The names of the bishop of Ely, the sheriff of Glamorgan, and the Count 
 of Gloucester, are likewise mentioned in this roll as receiving the usual present 
 of bread and wine. Lord Peter, of Leicester, had a more valuable offering ; 
 eight cheeses which cost xixc?. were sent for his acceptance. The justiciary, 
 Lord John de Courcy, received bread and wine to the value of iiis. viiif^. ; also 
 a present of wine and fish. 
 
 The same roll likewise gives an account of Le Gaunter's outlay, amount- 
 ing to xxvs., on the occasion of another visit to London with his attendant. 
 From the frequency of these journeys, and the fact that the chief bailiff's 
 expenses were paid out of the civic purse, it appears probable he went as a 
 delegate to the king, sent by the citizens to solicit further privileges, or obtain 
 their sovereign's assent to the additional laws added, during his term of office, 
 to the Gustoin Booh, which must necessarily have been submitted for royal 
 approval. 
 
 The chief bailiffs' account rolls are continued through succeeding years, 
 until the title of chief bailiff was exchanged for that of mayor, who, in his 
 turn, rendered an annual account of the financial affairs of the city, which 
 was drawn out in a similar manner, but, after the time of the bailiffs, the rolls 
 have not been so carefully preserved, and long intervals occur. 
 
 From one of these documents, drawn out by Thomas Homes, Mayor in 
 1662, the following items are taken : — 
 
 " It. For wine and sugger and other guifts bestowed upon divers 
 
 messengers of his majesty this year - - - £5 
 
 " It. For the liveries of the town clerk, sword bearer, four sergeants 
 
 at mace to the said city - - - -1360 
 
 After some further entries, and total of expenses, the account concludes with 
 " So resteth due upon this account to the maior - - 20 8 9 
 
 It will be seen, from the above entry, that the custom of sending presents 
 from the municipal authorities survived even the troublous times of the 
 Commonwealth, 
 
CHAP, v.] 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 81 
 
 CHAPTER V. 
 
 Testamentary Dispositions — "Will of Thomas Andrews — WiU of George Bonnor — Admission of 
 
 Richard Phillipps to a Fraternity— Will of William Hyllar, Clerk— Will of 
 
 Bishop Scorie — Deed of Feoffment. 
 
 N reviewing the various documents relating to the earlier annals 
 of the city, the testamentary dispositions of certain wealthy 
 inhabitants will repay attention, for they record many usages, 
 common amongst our ancestors, now become obsolete. 
 
 Bequests were frequently made for securing the celebration, 
 after the decease of the testators, of masses for the repose of 
 their souls and those of their friends and relatives. With this 
 purpose in view, Thomas Chippenham, Mayor of Hereford in 1399, 
 " left one messuage in Hereford to a chaplain who should officiate 
 and pray for his soul and the soul of his parents and benefactors every day at 
 the altar of the Holy Trinity in the parochial church of St. Peter, for which he 
 had the king's license." 
 
 A somewhat remarkable will was made by worthy Thomas Andrews in 
 the year 1436 ; it is written throughout in Latin, and contains legacies to the 
 Minorites and Predicant Friars then resident in Hereford, where a branch of 
 the former fraternity was established under the wardenship of the larger con- 
 vent in Bristol. The testator leaves to his son John, amongst other articles, 
 "his baslard harnessed"; this bequest shows the owner held a position of some 
 consideration, as, under a statute passed 12 Eichard II, only persons of a certain 
 rank were allowed to possess arms or weapons of their own.^ 
 
 "In the name of God, Amen. The morrow after the Feast of St. Bar- 
 
 1 By this enactment, it was ordained that no servant of husbandry, nor servants of arti- 
 ficers or victuallers, should carry about any baslard, dagger, or sword, on forfeiture of same, 
 except when travelling through the country on messages for their masters, or in time of war 
 for the defence of the kingdom, and then under the surveillance of the arraiers, officers 
 appointed to inspect tlie soldiers' armour. Servants and workmen were, however, permitted the 
 use of bows and arrows for practice on Sundays and feast days. 
 
 M 
 
82 ANCIENT CUSTOMS OF U ERE FORD. [chap. v. 
 
 nabas the Apostle, Anno Dom. 1436, I, Tliomas Andrews, citizen and hosier of 
 Hereford, make my testament in the following manner : — 
 
 "In the first place, I leave my soul to -Almighty God, Mary the Blessed 
 Virgin mother, and all His saints ; and my body to be buried in the precincts of 
 the church of St. Ethelbert, Hereford. Item, I bequeath to the vicar of my 
 parish church of All Saints, Hereford, three yards of mouse-coloured cloth. 
 Item, I bequeath one curtain of purple or blood colour to be used for the adorn- 
 ment of the shrine beneath the rode solere^ of the aforesaid church. Item, I 
 bequeath to the Minorite Friars of Hereford, two shillings and six pence. 
 Item, I bequeath to the Predicant Friars there, two shillings and six-pence. 
 Item, I bequeath to the fabric of the church of Pype, twenty silver pennies. 
 Item, I bequeath to William my son thirty-six shillings and eight pence in 
 silver, towards his education. Item, I bequeath to John my son a gift of two 
 rolls of green-coloured cloth and one little silver goblet, with three silver 
 knives, and my baslard harnessed. 
 
 "I give and bequeath to Isolde my wife, the house or dwelling I now 
 inhabit, situate at Hereford, having a messuage belonging to John Fust on the 
 one side and an hostel called Falkes Inn on the other : To have and to hold to 
 the aforesaid Isolde during her life only ; after her decease the same house shall 
 go to John my son for his life only, subject always to the capital lord of the fee 
 for his fines due and of right accustomed. After the decease of the said John, 
 the same house shall remain to my son WiUiam, to have and to hold for his life 
 only. After the decease of the aforesaid Isolde, John, and William, the house 
 shall be sold by the executors of the last deceased to those who will give the 
 most. The money received from thence shall be distributed in works of charity 
 for the benefit of my soul and the souls of all faithful people. 
 
 " I give and bequeath to my son William, one curtilage or parcel of garden 
 in the suburbs of Hereford without Byster's Gate, extending from the highway near 
 the town ditch to a place called Catteslane : To have and to hold the aforesaid 
 parcel of garden with the appurtenances to the aforesaid William during his 
 lifetime, subject to the fines due to the lord of the fee. After the decease of the 
 aforesaid William, the said garden to remain to my son John to hold for his life 
 only ; and at the decease of the aforesaid William and John the said parcel of 
 
 ^ Probably derived from "solarium", a word used in ancient writings to signify an upper 
 room or loft ; thus " rode-solere" may be translated " rood-loft". 
 
CHAP, v.] ANCIENT CUSTOMS OF HEREFORD. 83 
 
 garden shall be sold by the executors of the last deceased, and the money 
 received from thence to be employed in works of charity. 
 
 "Also I leave four torches, one of which to be consumed in my parish 
 church of All Saints, Hereford. One I leave to the altar of the Blessed Virgin 
 Mary, within the chapel of St. Thomas in the church of St. Ethelbert, Hereford. 
 One I leave to the altar of St. Thomas in the same chapel. I ordain and leave 
 eight wax candles, each of which shall contain four pounds weight of wax, to be 
 burnt at my sepulture ; two of them I leave to my parish church aforesaid. I 
 leave to twelve poor persons attending at my sepulture twelve pair of russet 
 hose. I leave to Isolde my wife three gifts of best cloth, which she shall 
 choose within my shop, except the cloth which I have left my son John. The 
 residue of all my goods and the cloth in my shop in my possession at the time 
 of my decease, I ordain shall go to provide a chaplain to celebrate mass and 
 pray for my soul so far as such will extend. The residue of all my property 
 not above bequeathed, owing to me at my decease, I give to Isolde my wife, 
 who T make and constitute my executrix, and my aforesaid son John executor. 
 Given at Hereford under my seal." 
 
 This ancient will is carefully prepared and executed, and secured in a 
 peculiar manner. First, a slender strip of parchment was partially severed 
 from the document for the purpose of fastening it when folded ; a second strip 
 was also detached, and, to the end of this, Mr. Andrews affixed his own seal 
 bearing the initials T. A. Another seal attached to the parchment bears the 
 decanal arms, which testifies that the will was duly proved in the probate court 
 of the deauery of Hereford, Eichard Pede being then dean. It is remarkable 
 that no witnesses add their attestation to this document, but, on the back, is a 
 memorandum that a solemn oath had been made as to its truth and validity. 
 
 Another will, dated 1523, contains amongst others a bequest towards the 
 reparation of the west end of the cathedral ; thus it appears, even then, that 
 part of the sacred edifice showed signs of decay. 
 
 "I, George Bonnor, otherwise called George Spicer, citizen and mercer 
 of the city of Hereford ; whole in mind and of good remembrance ; make, 
 ordain, and declare this my testament and last will in manner and form 
 following : I bequeath my soul unto Almighty God and His blessed mother 
 St. Mary and to aU the holy company of heaven ; and my body to be buried 
 in the Lady-arbour, within the cloister of the cathedral church of Hereford. 
 I bequeath towards the reparation of the west of the said cathedral church 
 
84 ANCIENT CUSTOMS OF HEREFORD. [chap. v. 
 
 two shillings. I bequeath to my curate and ghostly father, for my tithes and 
 mine offerings negligently withdrawn and forgotten, in discharge of my soul 
 before God, two shillings. Also, I will that my feofees of and in all my tene- 
 ments and garden, situate and lying in the above Eigne, within the suburbs 
 of the said city, and also of my tenement in the parish of St. Peter, in a lane 
 called Grope Lane, after my decease, shall make estate of the said land and 
 tenement to Eichard Phillipps, Richard Warnecombe, Thomas Gibbs, and John 
 Warnecombe the younger : To have and to hold for the use of Maude, my wife, 
 for the term of her life only ; to the chief lord of the fee the fines of old time 
 due and customary. 
 
 "And, after the decease of Maude, my wife, I will the said Richard 
 Phillipps and his successors shall stand and be seized of the said tenement 
 and garden and their appurtenances to the intent following : that they, of the 
 revenues of the said tenement and garden, yearly, after the decease of Maude, 
 my wife, shall pay yearly to Sir Tliomas Bonnor, my son, if he be then aliv€, 
 twenty-six shillings and eight pence sterling during his natural life, and the 
 residue of the said revenues of the tenements and garden to be received by 
 my feofees and paid to the custos of St. Giles, in the suburb of the city of 
 Hereford, and go to keep mine obit yearly in the church of All Saints, within 
 the said city, and to pay yearly towards the reparation of the same church 
 three shillings and four pence, to pray for my soule, my wife's soule, and all 
 christian soules. 
 
 " And the residue of the said lands I will that the custos shall distribute 
 it amongst the poor men of St. Giles's, and if it shall please the mayor of the 
 city for the time being to come and offer yearly at mine obit mass, the mayor 
 to offer one penny, and the custos to deliver to the mayor twelve pence. After 
 the decease of my son Sir Thomas, if he should outlive my wife Maude, then 
 I will the feoffees which shall then be infeoffed of my said tenement pay to 
 the custos the whole profit thereof, so that mine obit be kept as before re- 
 hearsed, and the residue of the tenement and garden to go to the use of the 
 poor men of St. Giles's. And the custos yearly to make account thereof 
 before the mayor and his brethren at the day of old times accustomed within 
 the city. 
 
 " Also, I will that if my son Sir Thomas, after the decease of my wife 
 Maude, be unpaid the said twenty-six shillings and eight pence, or any part 
 thereof, for the space of one month after the whole year, then I will Sir 
 
CHAP. V.J ANCIENT CUSTOMS OF HEREFORD. 85 
 
 Thomas enter into all my said tenements to distrain there. The distress so 
 taken with him to withhold unto such time as the twenty-six shillings and 
 eight pence be fully paid. 
 
 " I give to my son Sir Thomas a potte with a cover, containing twelve 
 hunces ; a flatte piece, partly gilt, containing ten hunces ; another Hatte piece, 
 partly gilt, containing nine hunces and a half ; a salt of solid weight and cover, 
 partly gilt, containing nine hunces ; six spoons, containing five himces ; which 
 plate T will it shall remain in the custody of my wife for the term of her life, 
 or else so long as she keep herself sole. 
 
 "The residue of all my goods and chattels not bequeathed I give and 
 bequeath them to Maude, my wife, she to pay my debts and bury me honestly 
 after her discretion, and to bestow my goods in deeds of charity, to the wealth 
 of my soule, as she thinketh most convenient. Which Maude my wife I make 
 my sole executrix, and Eichard Phillipps and Richard Warnecombe overseers. 
 And if anything in this my testament be not according to the true course of 
 law, for lack of learned counsel, I will that my executrix and overseers shall 
 take learned counsel and make it substantially, not changing my true meaning, 
 as they shall answer before God. These being my witnesses. Sir Eichard 
 Morries,^ my curate, Thomas Gibbons, mayor of Hereford, Eichard Hill, and 
 many others." 
 
 One of the overseers in the preceding will, Mr. Eichard Phillipps, served 
 the office of mayor seven times during the reign of Henry VIII, and, in 
 order to relieve the town from a burdensome impost, bequeathed by his will 
 certain lands in the county to the corporation, upon condition that the funds 
 arising therefrom should be used for the reparation of the town walls, in place 
 of the tolls previously levied at the gates, which greatly impeded the trade 
 and commerce of the city. 
 
 In the same reign, Eichard Warnecombe, town clerk, also one of the over- 
 seers appointed under Bonnor's will, served the mayoralty twice, and at his 
 death, like his friend Phillipps, he left property in trust to the corporation 
 for the benefit of the city, on the stipulation " that the mayor's chaplain 
 should, on lawe days, pray for his soule and the soule of Eichard Phillipps, 
 late mayor, and benefactor to the city." 
 
 Amongst the old civic records is a curious document purporting to be 
 
 ^ The title of "Sir" -was borne in olden times by certain orders of clergy as well as knights. 
 Instances of this occur in the plays of Shakespeare and many old writers. 
 
86 ANCIENT CUSTOMS OF HEREFORD. [chap. v. 
 
 the admission "by John (Brokeden), prior or minister of the Trinitarian Friars 
 of Thelesford, in Warwickshire, into the fraternity, in 1492, of one Eichard 
 Phillipps, and Agnes his wife.^ The privileges conferred upon the order by 
 Popes Alexander, Clement, Pius, and Innocent are recited, three forms of 
 absolution being also exemplified, viz. : — " Absolucio Annalis ; Absolucio 
 semel in vita; Absolucio et plenaria remissio in articulo mortis." This ad- 
 mission doubtless relates to the same benevolent citizen who, as previously 
 stated, generously freed the city gates from toll, and whose charitable deeds, 
 with those of his wife, are commemorated on a brass plate, now in the cathedral 
 but formerly kept in the Tolsey. 
 
 Whilst on the subject, a will that differs in many respects from either 
 of the preceding is perhaps worth transcribing. The testator had neither wife 
 nor child to provide for, consequently the subjects to which he refers range over 
 a wider area, and are less common than usual. Many of his possessions are 
 carefully described, and carry the reader back, in imagination, to the time when 
 the document was first penned. From the bequest to the " Vicars of the Quere 
 of the Cathedral Church of Hereford as a brother with them," he appears to 
 have been one of their fraternity. 
 
 The kind remembrance of the poor prisoners immured in the bishops' 
 prison is also noteworthy, for, at this time, persons tried by the ecclesiastical 
 court were incarcerated within the precincts of the palace, and endured many 
 hardships. The will bears date 1547. 
 
 " I, WiUiam Hyllar, clerk, living within the parish of St. Marie Magdalene, 
 within the city of Hereford, being sicke in body but hole of mynde, make 
 my last will in manner following : First, I bequeath my soul to Almighty God, 
 our blessed lady Sancte Marie, and to all the holy company of heaven, and 
 my body to be buried before the altar of our Lady, within the said church 
 of Sancte Marie Magdalene. Item, I give and bequeath to the works of the 
 Cathedral Church of Hereford xx6?. I give and bequeath to the parish altar 
 of St. Mary Magdalene a vestment of redde purple velvet, with the albe and 
 apparel belonging to the same, a corporale^ with a case, two altar clothes, two 
 cushions with sylke, two panels, one of the image of Jesus, another of the 
 
 1 To E. M. Thompson, Esq., keeper of MSS., British Museum, thanks are due for above 
 exposition. 
 
 2 A communion cloth used in the Church of Rome on which the chalice and Host are 
 placed by the officiating priest. 
 
CHAP, v.] ANCIENT CUSTOMS OF HEREFORD. §7 
 
 burying of Christ ; and xx(^. in ready money to help to fetche hoanie a vest- 
 ment that lyeth in gage with Mr. Meye for ivs., the which vestment doth 
 appertain unto the said parish. Item, I give and bequeath to the church works 
 of All Saints xxd. Item, I give and bequeath to the church works of St. 
 Peter xxd. I give and bequeath to the parish of St. John the Baptist xiic?. 
 
 " Item, I give and bequeath to the vicars of the Quere as a brother with them 
 iijs. \i\]d. Item, I give and bequeath to the church of Dewsall a corporate and case 
 of fine cloth for the sepulture, also a vestment of tawny velvet with the albe and 
 apparel belonging to the same. Item, I give and bequeath to Thomas Rogers, of 
 Mous-hole, two angell nobles in gold. Item, I give and bequeath to Sir Thomas 
 Philips a portass,^ and a mass book and xiiis. iiijf?., to pray for my soul and all 
 Christian souls. Item, I give and bequeath to Sir William Ceryvey a portass. 
 Item, I give and bequeath unto Sir Eobert Preston my blacke boxe most like 
 unto a coffer. I give and bequeath to Harry Lorymay two angels in gold and six 
 silver spoons, on this condition, that he shall give xxxs. the day of my burial 
 towards my funeralls. Item, I give and bequeath to Elizabeth, the wife of the 
 said Harry, two angels in gold, a painted clothe that the image of St. Francis is 
 painted upon, and three panels of the passion of Christ. Item, I give and 
 bequeath to William, son of the said Harry, xls. in ready money. I give and 
 bequeath to Johanne, daughter of the said Harry, xxvis. viijc?. and one angell in 
 gold towards her marriage. 
 
 " I give and bequeath to Eleanor ap Rees, servant with the said Harry, one 
 angel in gold, and the greatest coffer that I have. Item, I give and bequeath 
 to Margery ap Eees, sister to the said Elinor, a small white coffer and a sheet. I 
 give to Anne Oseye one angel in gold and a cupboard. I give to Katherine, 
 daughter of Harry Perle, one angel in gold. Item, I give and bequeath to the 
 said Harry Perle a frieze gowne that lyeth at DewysaU, and to be divided between 
 the rest of his children iiis. vwd. 
 
 " I give to Master Joyce Lorford my best frieze gowne that is of mantyll 
 fryse, and I give to the said Harry Lorymay my best gowne. Item, I give to 
 Elizabeth Penoyre the hanging that is about my bed. 
 
 " Item, I give and bequeath to the prison house within the palys, to remain 
 to the prisoners there for them to lye upon, a fiocke bedde, a bolster, a pair of 
 blanketts, a coarse pair of sheets, and a coverlet. Item, I bequeath to Alice Ball 
 my black short gowne faced with russet worsted. I give to WiUiam, a pore child 
 
 ^ A book of prayers. 
 
88 ANCIENT CUSTOMS OF HEREFORD. [chap. v. 
 
 at John Taylor's, one of my cotes that is lyned with blewe buckram. I give to 
 Thomas Andrews of Dewysall, my old gowne that the whyte lyning is in. I give 
 to John Perle's wife, at Bristowe, my old frocke. 
 
 " Item, I will that my executors shall give to the poore people who most 
 need it, the day of my burial, in bredde twenty shillings. All the rest of my 
 goods not bequeathed, my several debts and legatees paid, I wiU to be 
 indifferently prized by honest men, and that my executors shall sell and 
 distribute the same holie amongst the pore people who most neede it, for the 
 welth of my soul and all Christian soules. 
 
 " And I do constitute, ordain, and make the said Harry LorjTnay and Thomas 
 Eogers executors of this my last will and testatment, these being witnesses : 
 Sir Thomas Preston, Sir Thomas Pember, Sir Geo. Mynde." 
 
 Thus ends this interesting document ; an inventory of sums due to the 
 testator is attached. 
 
 " Debts due imto the said William Hyllar, clerk : 
 
 " In primis, Mr. Spatcheford, vis. viijc^. 
 
 "It., I have a sylver piece and three sylver spoones in gage of WiUiam 
 Burytons, whereupon doth lye, xlvs. 
 
 " It., I have a paule of Hugh Gibbons in gage, whereupon doth lye 
 xxvis. viij(f. 
 
 " It., I have a gurdle of Katherine Seyms in gage, whereupon doth lye, 
 vis. viijd. 
 
 " It., also, I have certain small pieces of silke and other stuff that did 
 appertain to church vestments and church stuff, the which I will that it shall be 
 given to the church again to help to mend where need is. 
 
 " It., Mr. Baskerxdlle doth owe unto me for vi ounces of sylver, after vs. the 
 ounce, xxxs., and xxs. for old debts, and vs. upon an angel, which angel he had of 
 me and I received of him a broken Frenche crowne, so the hole sum that he shall 
 pay me is v^. The reste I forgive him. 
 
 " Mem., that I have in the hands of John Steward xx angels in gold and 
 ii pieces of sylver, weighing eleven ounces. 
 
 " It., within my house iv pieces of gold, that is to say four royalls and a 
 crown with the rose. 
 
 " It, Thomas Boyle doth owe me for amity, xs." 
 
 When the above inventory was made, Edward VI had just commenced his 
 reign ; the imperfect state of the currency at that period is shown by "the broken 
 
CHAP, v.] ANCIENT CUSTOMS OF HEREFORD. 89 
 
 French crown" that passed as coinage. The value of silver is given as five 
 shillings an ounce, and the customs of the age are curiously exemplified by the 
 numerous articles placed "in gage" to the testator. 
 
 Several important charitable bequests were made to the city by John Scorie, 
 bishop of the diocese in 1559, but, unfortunately, the benefits derived from this 
 source have been lost for many years. Accounts differ as to the Bishop's 
 character and motives ; a local writer observes that in consequence of his 
 marriage he was deprived by Queen Mary of the bishopric of Chichester, which 
 he held previously to his appointment to that of Hereford ; that, wishing to regain 
 preferment, he renounced his wife, and, doing penance, obtained absolution under 
 the great seal 1554.^ But in his will, whence the following extracts are taken, 
 Bishop Scorie speaks of his wife in most affectionate terms, leaves her many 
 valuable gifts, bears testimony to her faithful adherence in prosperity and 
 adversity, and finally appoints her one of his executors. 
 
 " In nomine Patris, Filii, et Spiritus Sancti, unius unici veri eternique Dei, 
 amen. 
 
 " I, John, by divine providence bishop of Hereford, this 26th day of May, 
 1585, in the twenty-sixth year of the gracious and prosperous reign of our 
 sovereign lady Elizabeth, of England, France, and Ireland, queen, defender of the 
 faith, being now of good and perfect remembrance (God be therefore most 
 humbly thanked), do make my last will and testament in manner and form 
 following : — 
 
 " First, and before all things, I most humbly beseech God the Father of our 
 Lord Jesus Christ, the Father of mercies, and God of all consolation and comfort, 
 to pardon and forgive me all my sins for His most dearly beloved Son's sake, 
 Jesus Christ my only Lord, redeemer and advocate, to receive me with his elect 
 in his heavenly kingdom. I give and bequeath to Elizabeth Scorie, my wife, 
 who hath been unto me an honest, painful, and true wife, as well in prosperity 
 as in adversity, all her own and mine apparel, and also all rings, jewels, and 
 ornaments of her body whatsoever, in her custody or mine. 
 
 " I give to Wythern Butterfield, if he continue in my service to the end of 
 my life, ten pounds of lawful money of England. I pray and require of him his 
 counsel and aid to help my executors. I give to every of my servants, that shall 
 be of my household, up rising and down-lying, at the day of my death, one 
 year's wages ; except Catherine, or Kate of the parsonage, to whom I give forty 
 1 Duncumb, Hist, of HerefordsMre, page 485. 
 
 N 
 
90 ANCIENT CUSTOMS OF HEREFORD. [chap. v. 
 
 shUlings. I give to Mark and Thomas Eogers, and Watkins Griffith, my appren- 
 tices, thirt}' shillings. 
 
 " And whereas I have certain honds or obligations, wherein certain persons 
 that have stocks or portions of money of the children of the late Vicars of 
 Yarkhill and Barton and their wives, deceased, my -will is that my executors 
 shall use all lawful means they can, that the children of the said vicars and their 
 wives may have paid unto them their several portions, or else assign over the 
 bonds to the said children severally or to their special friends. 
 
 " I give to my wife, Elizabeth, my gelding called Gallant, whereupon she 
 used to ride, and two others of my best geldings, with their furniture, that 
 she shall choose. I give all the money, with all the biUs of debt that are 
 in the bags, which Elizabeth, my wife, doth know, unto the poor of Whit- 
 bourne, Bromyard, Hereford, and Leominster, to be distributed amongst them 
 by the discretions of my executors ; and, in like manner, I will that my 
 executors do distribute among the poor of the city parishes by their divisions, 
 two hundred bushells of bread corn, if I shall leave so much behind me at my 
 departure out of this world. 
 
 " Item, I give two hundred pounds of lawful money of England to the 
 corporation of Hereford, to remain for a stock, to be by the ma3'or and his 
 brethren lent freely to poor artificers; and to two substantial clothiers, that 
 have good skill in cloth making, and do occupy the trade of cloth making, and 
 are dwellers in the said city. Upon condition that the corporation shall put 
 in sufficient assurance to my said executors, as their learned counsel shall 
 devise, to use the said stock as hereafter followeth : I will that one of the said 
 hundred pounds be freely lent to such clothiers as before mentioned, to either 
 of them fifty pounds, to the intent they may better occupy the trade of clothiers 
 and set poor folks to work. 
 
 " The other hundred pounds I wiU have freely lent to twenty poor artificers 
 of such occupations as I shall name, such artificer to put in sufficient security 
 for the repayment of the money at the end of seven years. And I will that 
 every such artificer as shall have five pounds lent to occupy for the term of 
 seven years, shall be a householder, and no gamester or player at unlawful 
 games, nor haunter of taverns or alehouses ; but of good name and fame, and 
 do diligently labour himself in his own occupation, and do not put on all the 
 labour to his apprentices, journeymen, or servants, and give himself to play, 
 and sit at the tavern or alehouse, or otherwise to be evil occupied or idle. And 
 
CHAP, v.] ANCIENT CUSTOMS OF HEREFORD. 91 
 
 I will that one of the said clothiers and ten of the artificers shall be dwellers 
 in that part of the city called the bishop's fee. 
 
 " In like manner I give two hundred pounds to the town and corporation 
 of Leominster within my diocese, upon the like conditions as I have given 
 the first two hundred pounds to the corporation of Hereford ; and the artificers 
 of the said town shall be in every respect such men as the artificers of Hereford, 
 in condition, manners, labour and behaviour. 
 
 "Item, I give to my cathedral church of Hereford, to be kept in the 
 library there, all my books of St. Augustine's works, St. Jerome's works, St. 
 Ambrose's works, St. Gregory's works ; the works of TertuUian, Basilius 
 Magnus, and St. Chrysostom, in folios. 
 
 " The rest of all my goods and chattels not before given, I will that my 
 executors shall have towards the performance of this my will and testament ; 
 and if anything remain after my debts and funeral be ' discharged, and this 
 my will performed, my will is that my executors, in whom I repose a singular 
 and special trust, do by their discretion bestow the same in charitable deeds 
 and use the same fidelity to me that should be used towards them when it 
 shall please God to call them hence out of this world. 
 
 *' And whereas I before said I would name the occupations such artificers 
 of the city and town of Hereford and Leominster should occupy and exercise 
 as should have any part of the said stock, they be those that follow ; shoe- 
 makers, blacksmiths, bowyers, fletchers, pewterers, glovers, cutlers, saddlers, 
 harpers, plummers, pinmakers, carpenters, curriers, makers of bow strings, 
 arrow-head makers, makers of parchment. 
 
 "I have desired these, whose names are with their own hands subscribed and 
 do hereafter follow, to be witnesses that this only contains my last will and testa- 
 ment ; Per me Johannem Habberley, vicarium de Duddlebury ; per me Jacobum 
 BaUard, vicarium de Taddington ; Carolum Nicholas ; per me Humphridium 
 Eaton, clericum, rectorem de Thornbury ; per me Ricardum Churchman 
 clericum, vicarium de Long Staunton ; per me Eicardum Maddox, rectorem 
 de Stretton juxta Sugwas." 
 
 Wythern Butterfield, one of the legatees under the above will, was the 
 steward, confidential adviser and faithful friend of Bishop Scorie. He pos- 
 sessed considerable legal abilities and compiled a valuable survey of the 
 bishop's manors. This manuscript, the result of extensive research, is orna- 
 mented with illuminations and different coloured inks. At the commencement 
 
92 ANCIENT CUSTOMS OF HEREFORD. [chap. v. 
 
 is the following quaint copy of verses, commemorating the principal events in 
 the life of Bishop Scorie, and relating, in a concise and graphic manner, that 
 prelate's varied fortunes : — 
 
 " The wond'rous guiftes of God are greate, that hee on men bestowes, 
 And several guiftes wee daylie see, which every man well knowes, 
 And them preserveth from their birth by hys especiall grace ; 
 Example now I will declare, by Bishop Scorie's race. 
 
 *' First unto hym the Lorde gaue lyfe, in Okell town, where hee 
 In Norfolk's soyle hys childhood past, a scholar for to bee ; 
 Then after that in Cambridge towne a student twelve years was, 
 There he, in fine, for a diuine, the school degrees did passe. 
 
 " To Canterburie then he must, the gospel for to preache, 
 There in the raigne of King Henrie ten years the same did teache. 
 And in the raigne of good Edwarde, the sixthe king of that name, 
 Hys learninge in God's worde was knowen by preaching of the same. 
 
 " That noble kinge, for his learninge, a byshop did hym make ; 
 And bishopricke of Rochester, did first to him betake ; 
 Which bishopricke that kinge did think too small a guif fc to bee, 
 Did translate hym to Chichester, where byshope then was hee. . 
 
 " There he remayned till Queen Marie did from hym take the same, 
 And put therein a papist sure, to laude and praise her name. 
 When hee with more exiled was, that taught the worde of God, 
 Those that remayned, were bum'd with payne, and scourged with papiste rod. 
 
 " In perills great, and daungers oft, on sea and eke on land, 
 Hee felt the smarte, but perish'd not, through God's most mightie hand. 
 In most part of all that queen's raigne hee dwelt in Emden towne, 
 Till noble Queen Elizabeth, by raigne putt papistes down ; 
 
 " Then home he came, unto our queene, the fyrst yeare of her raigne, 
 And byshope was of Hereford, where he doth now remayne ; 
 And where hee hath by enimyes oft, and by false sclanderous tongues, 
 Had troubles great, without desert, to his continuall wronges. 
 
 " But God our Lorde hath hym preferred untill this time present, 
 And victorie hath given hym, from all his foes intent. 
 Also this gem, our noble queene, straight charge her heraulds gave, 
 That they an ensigne should give hym, for evermore to have. 
 
 " Which ensigne here, lo ! now behould, in token of his honor, 
 For hym and hys posteritie for ever to endure. 
 God save our Queen Elizabeth, and graunte her long to raigne, 
 And all her subjects in England ." 
 
CHAP, v.] ANCIENT CUSTOMS OF HEREFORD. 93 
 
 Beneath these lines, which terminate thus abruptly, Butterfield has emblazoned 
 the " ensigne " or armorial bearings of Bishop Scorie, granted to him by the 
 queen. In an address to his successors in office, this faithful steward entreats 
 them to preserve, free from alterations and additions, the record upon which 
 he had expended so much time and labour. He concludes : " I heartily will 
 and desire that the bishops and officers hereafter may be careful to keep this 
 booke fayre and in good order, as I have been to leave the same. And you 
 that maie bee officers, it male bee that hereafter you shall have occasion to 
 make note ; I pray you such notes as you shall neede, that you make them 
 in a booke of themselves, and let every man's doing appear. And, if you do 
 good, those that come after will speak well, as I would have done had I found 
 the like. Vale." 
 
 A deed of feoffment, relating to a former deed that conveyed certain estates 
 to the mayor, aldermen, and citizens of Hereford, illustrates a singular old 
 custom. This document is dated the seventh year of the reign of Queen 
 Elizabeth, and is remarkable on account of five seals that are attached thereto. 
 These round, red, waxen seals, each weigh about half an ounce, and are wrapped 
 up in separate leaves that preserve their greenish colour, although more than 
 three centuries have passed away since they were placed there, and every leaf 
 still adheres closely to the seal. 
 
 When land changed owners, possession was frequently given by presenting 
 the new comer with a sod and hazel twig — thus intimating that land and 
 trees were included in the transfer, and probably, in accordance with this 
 usage, the hazel leaves were, in the manner above described, ingeniously 
 attached to the seals. 
 
94 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 [chap. VI. 
 
 CHAPTER VI. 
 
 The various Fees within the City— The Bishop's Fair— Bishop Peter de Aquablanca— Con- 
 cessions extorted from the Citizens — Bishop Swinfeld — The Jewish Inhabitants — Bishop 
 de Orieton — Queen Isabella at Hereford — Sir Hugh Despenser — 
 The Lords IMarchers — Statutes relating to Welshmen — Chief 
 Bailiff takes Title of Mayor— Term of Office— The Aldermen- 
 Members of Council — Chamberlain— Porters — Bellman — Waits, 
 their Duties — Petition of '\^'^illiara Jackson — Defences of the 
 City — Citizens not to Build without the Walls — Bill of the Wards — 
 Reparation of Walls — Freemen — Their Privileges — Recognizance 
 of Thomas de la Bere, Knight. 
 
 UEING mediaeval times amicable terms between the 
 ecclesiastical and civic authorities in Hereford seldom 
 existed for any length of time. Authentic accounts 
 relate that both claimed separate, and often exclusive, 
 jurisdiction ; and the influential position of the clergy, 
 the liberties, immunities, and privileges of the citizens, 
 also the manner in which their respective estates were 
 interwoven, indicate that the mutual interests of these 
 rival authorities would frequently come into collision. 
 In addition to the cathedral body, several religious orders 
 held subordinate fees or manors within the city. One of the most noted was 
 that of the Knights Hospitallers, or Knights of St. John of Jerusalem. Upon 
 the suppression of this order, their property in Hereford passed into tlie posses- 
 sion of the crown, and afterwards, by purchase, into the hands of other pro- 
 prietors ; but for many years their manor retained the name of its original owners. 
 As a curious instance of the continuation of old custom long after the 
 necessity which created it has passed away, it may be observed that the bailiff 
 of the bishop's fee and the bailiff of the Hospitallers are yet called to appear 
 at the city sessions as formerly, to the principal courts of the chief bailiff, thus 
 acknowledging their lordships subordinate to that of the city. 
 
 Amongst the most powerful local antagonists with whom the citizens had 
 to contend were the bishops of the diocese, many of whom ranked high in the 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 95 
 
 favour of their sovereigns, and therefore possessed great influence. These 
 prelates had large revenues at their command, derived not only from their 
 estates in and around the city, but also from fines, escheats, and forfeitures, 
 which they had the privilege of enforcing within their own jurisdiction. Their 
 demesnes were situated in the richest and most fertile parts of the surround- 
 ing country, and they exercised almost despotic authority over their numerous 
 tenants, vassals, and retainers. From the dominion and control of the clergy 
 in secular matters the citizens were free, but the bishops had various rights 
 and prerogatives that materially infringed upon the charters accorded to the 
 inhabitants of the town. 
 
 This state of affairs has been so graphically described by a clever writer 
 that the quotation may be allowed : " The ecclesiastical powers came into con- 
 flict, in the twelfth century, with the market towns and boroughs, of which 
 a large number had been founded tlirough their own instrumentality, exactly 
 as they had previously come into collision with the crown. In these boroughs 
 and towns, commerce and trade had acquired an independent footing, and had 
 already secured special municipal rights, but, notwithstanding this, the eccle- 
 siastical houses obstinately persisted upon their claim to receive the principal 
 proceeds of the market, and other tolls, without themselves contributing to 
 them in any form whatever. In many instances law suits arose out of these 
 differences, as between the abbey at Westminster and the city of London. 
 While in other cases, as at Bury St. Edmunds, the monks and townspeople 
 fell to blows, and fought their rude brawls within the very church yard, or 
 even inside the walls of the abbey ."^ 
 
 The position of the citizens of Hereford at this period is closely depicted 
 in the above extract. A charter granted by Henry I to the bishops of the 
 diocese, whereby they held a three days' fair in the streets of the city, was 
 a fruitful source of contention. This fair, named St. Ethelbert's, after the 
 patron saint of the Cathedral, was by a later grant extended to the space of 
 nine days, and doubtless interfered materially with the trade transacted by the 
 citizens. During fair time the bishop had possession of the keys of the city 
 gates, received the tolls collected, and held pie poudre courts within his palace, 
 to whicli citizens and tenants of the church were alike amenable.^ 
 
 1 Pictures of Old England. By Dr. Reinhold Pauli. 
 
 2 It appears from an extract taken from Writings Concemiing the Maudlins that the canons 
 were allowed by the bishops a portioxi of the profits arising from this fair. " We (William de 
 
96 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 In the reign of Henry III, Peter de Aquablanca, bisliop of Hereford, 
 asserted and maintained his rights within the city with unyielding determina- 
 tion. He was an inveterate opponent of the burgesses, and many disputes are 
 recorded that arose on various subjects during his episcopacy. In 1241, about 
 two years after his appointment to the see, Aquablanca summoned Eichard 
 Moniwood and Walter le "Wanter (both of whom had previously served the 
 office of chief bailiff), with other citizens, to answer a charge thus described 
 in an old MS., entitled — " Antiquities mentioning the lord bishop's right in the 
 city of Hereford, and the right of his bayly there, with the rights of the citizens 
 to the same city and liberties thereof." 
 
 " In the twenty-fifth year of King Henry III, King John's son, Eichard 
 !Moneywood, Walter le Wanter, and others, were summoned to answer Peter, 
 bishop of Hereford, because the citizens sold their merchandise in their houses 
 during the fair of the said bishop in the city, contrary to the liberties granted 
 to the bishop by the king and his progenitors. Whereas the said bishop hath 
 his affair by the grant of the king, and a certain place is provided where all 
 merchants ought to meet with their merchandise there to buy and sell. But 
 Moneywood and others did sell their wools, hides, and other merchandise in 
 their houses during the fair, contrary to the liberties of the bishop. 
 
 " The said Eichard Moneywood and the citizens acknowledge the fair and 
 all profits therefrom arising to be the bishop's, and that on St. Ethelbert's eve 
 when the fair beginneth the baylies of the bishop ought to come to the baylies 
 of the city and take from them all care and custody of the same, so far as the 
 baylies of the bishop have a right to do. But the citizens say that they and 
 
 Vere, Bishop of Hereford 1186) understanding that the Chapel of St. Mary Magdalene of 
 Hereford, in pious devotion, hath been endowed with many eleemosynary gifts by our episcopal 
 authority, have confirmed the said gifts, that is to say, the offerings of solemn days out of the 
 house of the bishop, when the bishop shall be at Hereford, and all the tithe of the fair at 
 Hereford, as well of pitching money, as toll, and other profits of the same. Also the tithe of 
 all sawed timber, which Gilbert Foliot, late Bishop of Hereford, hath caused to be sawed in 
 the Forest of Dean. Let hereunto be added, that the chaplain, which in the said chapel shall 
 serve (the bishop remaining in Hereford), may sit at the table of the bishop, as one of his 
 clerks, and the rest of the year receive towards his maintenance, out of the bishop's granary, 
 five ladas frumenti. Also that the canons, every year, in the time of the fair, may appoint 
 what officers they shall think fit, to assist our servants, in the fair, and receive the portion due 
 to the canons ; that is, the tenth part of the obventions, and profits of the fair, without delay 
 or diminution." This information was kindly contributed by G. H. Knight, Esq. 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 97 
 
 tlieirs always were wont before the grant of the fair to the bishop to sell their 
 merchandise in their houses, and do desire they may do so still ; so they waged 
 their law upon their custom." 
 
 Our ancestors were governed as much by custom as by law, for the former 
 being a law or right not written, was deemed a right in law when established 
 by long use, and the consent of their forefathers beyond the third generatit)n ; 
 thus custom is often expressed in old manuscripts as that " which goeth beyond 
 the memory of man." 
 
 Fifteen years later, Bishop Aquablanca advanced a claim to the forfeited 
 goods of felons ; the citizens opposed this demand and appealed to the king 
 for his decision, who commanded that when the judges in their circuit came to 
 Hereford they should enquire whether it had been customary for the bishops 
 to receive property thus confiscated. After investigating the subject, the judges 
 decided that the bishops had no such privilege, except by the king's especial 
 grace. Aquablanca, being high in royal favour, received permission on this 
 occasion to retain this forfeited goods, on condition, however, that he should not 
 again put forward any such claim or demand. 
 
 Further concessions were extorted from the citizens in 1262, when the 
 same bishop brought an accusation against them, to the effect that " Peter, 
 Bishop of Hereford, do complain of the citizens for an assault made upon his 
 porter, for ringing the common bell and crying to arms, shutting the gates 
 of the city, and not suffering the bishop, and canons, and their people to go 
 in or out. Upon this complaint they had license to agree, so a composition 
 ensued between them, wherein these be the principal points granted by the 
 citizens unto the bishop and his successors, and the dean and chapter and 
 their successors. 
 
 "The citizens swore to behave themselves honestly toward the bishop, 
 church, and dean and chapter, never seeking to rise against them or do them 
 harm. 
 
 " Also the citizens gave sureties to the bishop of two hundred marks, 
 whereof the bishop pardoned one hundred marks. Ancelme, the dean, Giles, 
 the treasurer of the church, and Eichard Hereford, the king's clerk, became 
 their sureties for the other hundred marks, the citizens swearing to save them 
 harmless ; and the bishop gave the one hundred marks to the fabric of the 
 said church." 
 
 It is remarkable that two members of the cathedral should have come 
 
98 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 forward as security for the citizens when the offence was committed against 
 church dignitaries, and it may reasonably be concluded that some of the clergy 
 considered the citizens hardly treated, the penalty imposed being extortionate. 
 Certain other points were also conceded, 
 
 " The citizens granted as much as in them lay that the bishop, dean and 
 chapter, and their successors, should have the assize of bread and ale of all 
 their men in capite, and of all other remaining in their lands and fees within 
 the city of Hereford and suburbs of the same. Also, the citizens agreed not 
 to enter the lands or fees aforesaid to make any attachments. 
 
 " And that, if any of the men of the bishop, dean and chapter be attached 
 by the bailiff of the king for default of assize of bread and ale, he should be 
 restored from the court of the citizens which they had as the king's gift, to the 
 bailiffs of the bishop, dean, and chapter, with his default for which he was 
 attached, there to receive judgment and be punished. 
 
 " Also, the citizens granted the king's pillory and tumbrel within the city 
 of Hereford, as well in the fair time of the bishop as out, to do his executions. 
 And the pillory which the bishop had erected within the city was taken down." 
 
 The citizens further granted that all the men of the bishop, dean and 
 chapter, and others which remained in their lands in the city, should freely 
 buy and sell in the same, quit from toll and all other exactions whatsoever. 
 And that all foreigners of the bishop, dean and chapter, as well freeholders 
 as customary, except merchants using the markets to make their merchandise, 
 should freely buy in the said city for their own use all saleable things, and sell 
 their corn, cattle, and other goods at their pleasure, except selling of cloth 
 by the ell, quit from toll and other exactions. Should it be doubtful who 
 were merchants of the men aforesaid, such were to be believed upon their oath 
 without further difficulty. 
 
 " Also the citizens granted to the bishop, dean and chapter, that the mer- 
 chants and tenants in their fees, abiding in the boroughs of Bromyard, Ledbury, 
 Eoss, and Preston should freely buy in the city quit of toll" 
 
 Then follow the agreements entered into by the bishop, dean and chapter : — 
 
 " The said bishop, dean and chapter, agreed for themselves and their suc- 
 cessors that from henceforth they would take or draw no more unto them of 
 the king's fee, but be contented for ever with the lands and tenements wliich 
 they had in the aforesaid city before this concord. If any of the citizens or 
 others out of the city that have lands within the same upon the king's fee, 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 99 
 
 bequeathed a rent to the cathedral church of Hereford out of their tenements 
 on the king's fee, the bishop, dean and chapter, were to have the said rent only ; 
 nor were they to claim any liberties in the lands and tenements by occasion 
 of the said yearly rents. Also that the market for hides and skins should be 
 altered to another place, and that the tenants of the bishop, dean and chapter, 
 should give their consent and assistance. Also for murage it was provided that 
 when needful to shut the city gates some part of the wall should be assigned 
 to the men of the bishop, dean and chapter, according to a rate more or less 
 which they had in the city, to be determined by view of four lawful men sus- 
 pected by neither party, if they could not otherwise agree." 
 
 Peace between these parties was not of long duration, for it appears from 
 an old manuscript written towards the close of the thirteenth century, that 
 when Eichard Swinfeld held the bishopric of Hereford, another affray took 
 place between the citizens and his retainers ; therefore he sent his high steward, 
 named Mortimer, on a special mission to the king, with an accusation that the 
 citizens had encroached upon the rights of his tenants in Heywood forest, 
 
 " At this time the burgesses of Hereford were, probably from renting it 
 of the crown, the agistors of Haywood forest, into which some of the bishop's 
 tenants had purposed to turn their swine to feed on the beech mast and acorn, 
 during the autumn of 1290. For this the burgesses had demanded the pay- 
 ment called pannage. It was one of the many attempts that they had made, 
 from time to time, to encroach upon the ancient privileges of their ecclesiastical 
 head. They had done the same, though unsuccessfully, with regard to the 
 tallage of his tenants, and the exercise of his authority on several occasions. 
 But he lost no time in resisting it. The king was at his castle of Eockingham, 
 during the first week in September, where Mortimer, the high steward of the 
 bishop, despatched from Bosbury on this errand, found him. He applied for 
 redress of this grievance and was not disappointed, since he returned with 
 a writ from Edward I confirming the privileges of the see of Hereford, and 
 inhibiting the burgesses from receiving such pannage."^ 
 
 In every royal forest four agistors were appointed to receive the dues 
 payable to the crown from all persons who turned in their cattle for pasture ; 
 therefore, if certain citizens of Hereford held this office in Haywood, it would 
 be their duty to collect these tolls or dues from every one, the bishop's tenants 
 
 ^ Introduction to the Roll of Richard Sicinjield, Bishop of Hereford. By the Rev. John 
 Webb, M.A., F.S.A. . 
 
100 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 included, unless the latter had been particularly exempted by the king's per- 
 mission. 
 
 From an early period a large number of Jews formed part of the popula- 
 tion of Hereford, where, although hampered by numerous restrictions, they 
 succeeded in accumulating wealth and property. But in the reigns of Henry III 
 and Edward I, by their extortions and rapacity, they had rendered themselves 
 unpopular to the nation at large, and especially incurred the displeasure of the 
 clergy, who forbade the Christians from partaking in any of their festivities 
 or otherwise associating with them. An instance is related, by the writer 
 previously quoted, of certain citizens having sentence of excommunication 
 passed upon them by Bishop Swinfield for disobeying an injunction issued by 
 him on this subject : — 
 
 " One of the rich Jewish families in the city was about to give a splendid 
 nuptial entertainment in August 1286, and had publicly invited their Christian 
 acquaintances. Swinfield was at Bosbury when he heard of it ; he immediately 
 issued a stringent prohibition through the chancellor of the diocese, against all 
 who should presume to attend upon such detestable banquetings, and threatened 
 them with the heaviest ecclesiastical censure. But there was apparently a 
 plentiful board and hearty welcome. There were displays of silk and cloth 
 of gold, horsemanship or an equestrian procession, stage-playing, sports, and 
 minstrelsy. Such temptations proved irresistible when opposed to the bishop's 
 mandate, and all who were present incurred sentence of excommunication." 
 
 Previous to the decree of Edward I in 1287, which ordered the expulsion 
 of the Jews from England, they had suffered great hardships. Upon the 
 departure of those resident in Hereford, their houses and lands within the 
 city and liberties reverted to the citizens by virtue of their purchase of the 
 manor of Hereford from Eichard I, which purchase included all fines and 
 forfeitures. The remembrance of this persecuted race was long perpetuated 
 in the names of their buildings, such as Babylon door, and the Synagogue- 
 As late as 1672 a rent charge of one shilling per annum was paid by the 
 owner of a house called the Jew's chimney to the chamberlain of the city. A 
 portion of their confiscated property was converted into an almshouse now 
 known as St. Giles's Hospital. It is stated in Bishop Orleton's register that 
 about the year 1321 a female recluse took up her abode in a church attached 
 to this building, a practice not uncommon at an early period when persons 
 devoted themselves to a religious life. 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 101 
 
 Adam de Orleton succeeded Swinfield in the diocese of Hereford, and 
 apparently maintained better terms with the burgesses than his predecessors ; 
 but his ambitious disposition speedily involved him in the unhappy commo- 
 tions which at that time disturbed the tranquillity of the nation. When 
 Isabella, consort of Edward II, raised the standard of rebellion against her 
 husband. Bishop de Orleton became one of her most zealous adherents, and 
 a principal instigator in the revolt. According to some authors, Hereford was 
 his native place, and the statement is probably correct, for a family of that 
 name, then resident in the city, possessed considerable influence. Two of them 
 served the office of chief bailiff during this reign, and as Adam de Orleton 
 held the bishopric their united influence would necessarily form a powerful 
 party in the queen's favour. 
 
 Doubtless this fact induced Isabella to select Hereford as her head 
 quarters when in pursuit of the king, who had fled into Wales ; for a few 
 weeks she established her court here, during which time she caused her son, 
 the Duke of Aquitaine, to be made High Keeper of England, the lords in 
 her suite swearing fealty to him, and appointed the bishop of Norwich 
 chancellor of the realm, and the bishop of Winchester, treasurer. 
 
 The insurgents, having taken the king prisoner, with several of his barons, 
 brought the younger Spenser, with other nobles, to Hereford, and caused him 
 to be executed on a gallows fifty feet high ; his body was afterwards treated 
 in a most barbarous manner, and the queen distributed two thousand pounds 
 amongst those instrumental in his capture. Simon de Eeding underwent a 
 similar sentence on a gallows ten feet lower than Spenser.^ Accounts of these 
 transactions are given by several old chroniclers. 
 
 On the capture of the unfortunate Sir Hugh Spenser, " immediately con- 
 sultation was holden at Hereford concerning his deatli and how his whole 
 posterity might be extinguished, so that no one of them might for ever come 
 to any honour, rank, or state in the kingdom of England. The same Hugh, 
 and Master Eobert Baldoc, and the prior of Hereford, were brought to Hereford; 
 and when they came near the town, there met them such a great number of 
 persons from every side, that all men wondered at the sight ; and all who were 
 able to blow with a horn, or utter the cry of hiie, or produce any mark of con- 
 tempt, according to their ability, showed it against Hugh with abuse and insult, 
 so that never before was so horrid a noise heard against any great person. And 
 
 1 Speed's History of England. 
 
102 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 first they clothed him in a vestment with his arms reversed, and put a crown 
 of nettles upon his head ; and Eobert Baldoc, also, they clothed with a similar 
 vestment. And on their vestments were written the six first verses of the 
 52nd Psalm : " Why boastest thou thyself, thou tyrant, etc." in the most con- 
 temptuous manner possible. The said Eobert Baldoc was condemned to per- 
 petual prison in Newgate, where he died next year in great misery. And 
 the prior above-mentioned was imprisoned at Hereford, because he had behaved 
 himself ill against the king's peace."^ 
 
 The same author gives further particulars of the fate of Chancellor Baldoc, 
 who, after conviction, " was claimed by the bishop of Hereford as a priest, and 
 by him detained in the ecclesiastical prison until the January next, when he 
 was conveyed to London by the said bishop, and confined under a guard in the 
 bishop's own hotel, in order to be brought before the provincial council, then 
 assembled, to receive judgment. But, although nothing was more unlikely 
 that that a prisoner under those circumstances should be molested, the j)arlia- 
 ment then sitting, and the king and all the magnates of the realm being in 
 London, yet the popular rage against him was so vehement, that the Londoners 
 broke into the bishop's hotel with armed force and carried him off to their own 
 prison, and there kept him till he died." 
 
 The earl of Arundel, another of the king's adherents, paid with his life the 
 penalty of his loyalty at Hereford. "Soon after the capture of the king, 
 Edmund, earl of Arundel, was taken in Shropshire by Sir John de Charleton, 
 and carried to Hereford, where the queen and the magnates of the realm were 
 assembled. And because he had given his son and heir to the daughter of 
 Hugh Despenser, and was his secret adviser, and had contrived much evil 
 against the queen (as was said) in her absence, and had also caused the death of 
 Thomas, the noble earl of Lancaster, the said Edmund was led to execution, 
 drawn, and hanged on 15 cal. Dec. (Nov. 17) with his esquire, John Danyell, 
 who in many things had seduced him by his counsel."^ 
 
 Another account is also given of these events. " Four days after the death 
 of Sir Hugh Spenser, the earl of Arundel was beheaded by order left behind 
 when the queen quitted Hereford. I never yet could read a fair and just cause 
 why this earl lost his life, unless it may be counted treason not to forsake his 
 lord and master, to whom he had solemnly sworn his faith and obedience."^ 
 
 1 Kuyghton. 2 Knyghton, and Lelant\, Coll. iii, 333. 3 jiarl. Misc. 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 103 
 
 This nobleman is stated by an old historian^ to have been executed principally 
 to gratify the private revenge entertained towards him by Eoger, lord Mor- 
 timer, one of the lords marchers of Wales, who possessed great influence over 
 the queen, and owned large estates in Herefordshire and the neighbouring 
 counties. 
 
 The lords marchers were originally appointed by the sovereign to protect 
 and defend the English frontier, and for that purpose invested with great 
 authority. In the course of time they obtained almost regal power, but far 
 from executing with fidelity the duties of their onerous office and keeping order 
 in their districts, there is little doubt they frequently connived at the disturb- 
 ances which they were deputed to prevent, and even occasionally leagued with 
 the disaffected Welsh princes. This was the state of affairs in the reign of 
 Henry IV when some disloyal lords marchers joined in the insurrection raised 
 by Owen Glendour, which the king had considerable difficulty in suppressing ; 
 consequently his indignation and displeasure being excited towards the Welsh, 
 he enacted many severe and arbitrary laws against that nation. Under one of 
 these Acts it was decreed, that " if a Welshwoman married an Englishman, she 
 should not enjoy equal privileges with Englishwomen, the wives of citizens or 
 burgesses." And, " no Englishman marrying a Welshwoman of the kindred or 
 alliance of Owen Glendour, traitor to the king, or any other Welshwoman since 
 the rebellion", was permitted to hold ofiice in Wales or the Marches. 
 
 Another curious old statute in Norman-French ordained that no Welshman 
 born ill Wales of Welsh parentage should purchase lands or tenements in the 
 towns of Chester, Bridgnorth, Hereford, Worcester, Gloucester, Ludlow, Leo- 
 minster, or other towns adjoining the Marches, on pain of forfeiting all such 
 property to the chief lord of such lands. Also, that no Welshmen should be 
 received as burgesses in those cities or towns unless they found sufficient security 
 that they would carry themselves loyally towards the king ; neither could they 
 hold the office of mayor, bailiff, chamberlain, constable, common councilman, 
 keeper of the gates or gaols in any of the above-named cities or towns, or carry 
 arms or weapons therein, under penalty of forfeiting the same, and imprison- 
 ment. 
 
 Notwithstanding these and other restrictions, numerous complaints were 
 received by Henry VI from the inhabitants of Hereford, Gloucester, and Salop, 
 concerning devastations committed in those districts by the Welsh; who, like the 
 
 ' Speed. 
 
104 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 Scotch reivers in the north of England, constantly made raids or forays npon 
 the rich and fruitful lands of the bordering counties, carrying away the inhabit- 
 ants, their horses, goods, and cattle. Accordingly, an Act of Parliament was 
 passed in 1442, declaring it " high treason for Welshmen to take or carry away 
 Englishmen into Wales and there to withhold them", and recited that Henry 
 IV, owing to attacks made by the Welsh from day to day on counties bordering 
 the Marches, had passed a statute to the effect that from thenceforth, when such 
 forays were made upon a community, and persons were conveyed away, or their 
 property devastated, the sheriffs of the counties and the mayors or bailiffs of 
 the cities or boroughs where the incursion took place, should send letters under 
 their seals of ofi&ce to the governors or seneschals of those places where such 
 marauders resided or lay hidden, demanding restitution within eight days, and 
 payment for all losses sustained. The authorities having jurisdiction over 
 such offenders were commanded to bring them to justice ; if they failed in the 
 execution of their duty, the injured parties were empowered to make reprisals 
 on the persons, goods, and chattels, of the community where the robbers resided, 
 or to which they had conveyed their plunder. Therefore, by this statute, 
 Henry VI confirmed that of Henry IV, and further ordained that such offenders, 
 their abettors and receivers, when convicted, should be judged and punished 
 as guilty of high treason. 
 
 To return to the more immediate government of the city, which during 
 the fourteenth and fifteenth centuries underwent considerable alteration. Under 
 the charter of Eichard II the chief bailiff assumed the higher rank and title of 
 mayor. Those chosen for this important office were expected to possess a 
 thorough knowledge of the civic laws and customs, in order that the rights 
 and liberties of the citizens might be properly maintained, and encroachments 
 by the lords and bailiffs of the neighbouring fees and manors prevented. A 
 bye-law, passed for the guidance of this ofiicer, temjj. Edward IV, ordained 
 " that no mayor should remain in office more than one year, dating from Luke's- 
 tide, the day of his election, upon pain of disenfranchisement."^ 
 
 Previous to this ordinance, popular mayors had been repeatedly re-elected, 
 for instance, one named John Falke, served the mayoralty ten years, and 
 another citizen, named John Mey, twenty-one, in the reigns of Henry IV and 
 his two immediate successors. 
 
 ^ A statute {temp. Queen Anne) made one year's term of office for mayors the general law 
 of the land ; it so continued until repealed in the fourth year of the present reign. 
 
CHAP. VI.] AXCIEN^T- CUSTOMS OF HEREFORD. 105 
 
 In order to obtain the rank and influence attached to the mayoralty, or 
 the emoluments arising from other offices, unfair means to secure election 
 appear to have been occasionally resorted to ; a practice always severely con- 
 demned, as injurious to the safety and welfare of the town. At a law-day 
 held in the reign of Henry VII, it was decreed by the mayor Harry Chippen- 
 ham, Richard de la Bere, knight, steward of tlie city and the election, " that 
 no man from this time forth dwelling without the walls and gates of the city 
 bear any office in the same, that is, as mayor, king's bailiff, customer, town 
 clerk, chamberlain, sword-bearer, serjeant, porter, or any other office, upon pain 
 of every person elected to the office of mayor so dwelling without the gates 
 paying ten pounds and being disenfranchised ; all other officers so elected 
 paying one hundred shillings. If it happen any person give his voice to the 
 contrary, he shall forfeit forty shillings and be disenfranchised." 
 
 It was also enacted that " the mayor and his brethren at the first law- 
 day held after the feast of the Holy Cross sliall give knowledge to him that 
 shall occupy the office of mayor for the year next ensuing. If any of the 
 election disclose the counsel of his company at that time, and it be lawfully 
 proved against him, then the person so convicted shall be taken for a man 
 forsworn, be discharged from his room, and another person elected in his 
 place." 
 
 The steward, to whom reference is made in the previous extract, bore a 
 name renowned for bravery. In Fuller's Worthies it is related that Eichard de 
 la Bere, John Mortimer, and James Baskerville, gentlemen of this county, were 
 made knights bannerets on the field by Henry VII, after the battle of Stoke, 
 near Newark, in 1487, as a reward for the great valour they then displayed. 
 
 The title of alderman or earlderman is of ancient origin ; it bore amongst 
 the Saxons the same signification as senator or ruler, and has long been applied 
 to the associates of the chief magistrate of cities or corporate towns ; they were 
 also frequently styled the mayor's brethren. Aldermen were chosen from 
 freemen of the city, and were not required to hold inferior offices or serve on 
 juries. An old ordinance, issued for their personal protection, shows the 
 citizens had an interest in their safety. " No alderman to ride above seven 
 miles out of the city without a man attending him, under penalty of ten 
 shillings." This regulation was probably necessary in consequence of inroads 
 made by the Welsh, for roving bands of marauders from that country frequently 
 carried on their depredations within a short distance of the city gates, and 
 
 P 
 
106 ANCIENT CUSTOMS OF HEREFORD. [chvp. vi. 
 
 in the event of taking prisoner a person of so much importance as an alder- 
 man, the captors Avould not have released him imder a heavy ransom, to be 
 paid, not improbably, from the public purse. 
 
 Those citizens who formed the council of the city, and assisted the mayor 
 in the transaction of public business, were chosen from the principal burgesses, 
 and originally numbered thirty-six. In the reign of Henry VIT they were 
 reduced to thirty-one, but in the succeeding reign, the number of the council 
 having become incomplete owing to the decease of two of its members, and 
 the citizens being unable to agree as to the burgesses suitable for election, the 
 following order was issued : — 
 
 " For the replenyshynge of the said nombre ther was divers labors made, as 
 well by forenars as by other divers of the same nombre, by affeccon for dyverse 
 persons which were not to be accepted and taken to the said nombre for j'outhe 
 and other causes reasonable. Therefore it is ordeyned by the mere, his brethren, 
 and three enquests, sworen at this present law day, that when it shall happen 
 the nombre of the said eleccon which be nowe but xxix. persons, do dissese 
 to the nombre of xxv, persons, then the said nombre of xxv. to stande forme 
 and stable for the hole eleccon of the said citie." 
 
 The three inquests, sworn and impannelled at law-days, consisted of: — the 
 first, or great inquest, composed of members of the common council; the second, 
 of the wealthiest and most substantial citizens residing within the walls; the 
 third, of persons resident without the gates. The inquests gave their verdicts 
 in rotation, according to order. 
 
 If a member of the council, when summoned to attend and consult with 
 the mayor at the Tolsend upon affairs connected with the welfare of the town, 
 failed to make his appearance at the appointed hour, he incurred a fine of 
 twelve pence, unless prevented by illness or absence from the city. From 
 several ordinances (enacted temp. Henry VIII) it appears that many alterca- 
 tions took place between different members of the body corporate, created by 
 a desire on the part of certain burgesses to be nominated to the mayoralty 
 or other civic offices. To settle all questions respecting right of precedence 
 in taking office, it was ordained at a law-day held in the year 1518 by the 
 mayor, steward, the mayor's brethren, and the three inquests : — " That every 
 person that nowe is of the nombre of the eleccon of the citie or hereafter shall 
 be of the said nombre shall goo in his rowme accordynge as he is called to 
 the eleccon, upon payne of every such person faylinge thereof to forfeit xls. 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 107 
 
 to the use of the citie, to be levyed by the chamberleynes of the same, and 
 mere to be discharged of his rowme of the eleccon, and other able person to be 
 elected in his place at the day accustomed." 
 
 This unfriendly feeling in the council occasionally led to breaches of the 
 peace ; for it is recorded " that the mere and hys brethren have disfranchesed 
 Kobert Carpenter, the vi day of June, in the vii yere of the reign of Kynge 
 Harry VIII, foresmoche as the sayde Eobert, beynge one of the councell house 
 of the citie, made affray upon one Thomas Toulmin, and others of the councell 
 hoiise, in the High causey. And for reformation thereof, and in example of 
 other mysdoers he was ordered by the councell to content and pay xxs. towards 
 the reparacon of the walles and gates of the citie, upon payne of forfeiting 
 his fpanches, which he utterly refused to do." 
 
 The matter, however, was referred to arbitration, and its conclusion is 
 described in a memorandum : — 
 
 " The Friday before the utas of Seynt Hillary, Eobert Carpenter appeared 
 before the mere and arbitrators, save only William Kudhale and Eicliard 
 Bromwich, which were not present, and it was demanded of the said Eobert, 
 inasmoche as two of the arbitrators were absent, whether he wold abyde the 
 awarde and arbitrement of John Breynton and the other arbitrators, who 
 were present, and he sayd he was contented. Thereupon the arbitr'ors, by the 
 assent of Eobert Carpenter, made ther award in manner following : Furst, that 
 the said Eobert should desire the mayor to be a good master to hym, and 
 restore him to his franchise within the citie. Also they awarded that the said 
 Eobert should pay to the chamberleynes of tlie citie fyve markes of lawfull 
 money of England, by the thirdde Sunday in Lent next coming, to be bestowed 
 in suche thynges as shall be thouglit most necessary within the citie, by the 
 onsight of the mayor and hys brethren. In witness whereof the arbitr'ors to 
 this ther awarde have subscribed ther hands as appeareth by a copie of the 
 draft thereof remayning in a little bdke of the clarke of the peas." 
 
 About this time two of the aldermen, named Thomas Gebons and John 
 Wall, had a dispute, apparently on a question of precedence, from the expres- 
 sion " a mere his pere", for the contending parties had both served the office of 
 mayor a few years previously ; they were compelled to enter into recognizances, 
 to the amount of twenty pounds each, that they would keep the peace. The 
 condition of the recognizance being : — 
 
 "That yef the above bounden John Walle from henceforth well and 
 
108 ANCIENT CUSTOMS OF HEREFORD. [chap, vi, 
 
 honestly behave hymselfe to Thomas Gebons as a mere is pere ought to behave 
 hym to a brother of his, as well in his company as out of his company, and 
 also yef John Walle do not vex, trouble, nor implede the said Thomas, for no 
 manner of quarrel, mysbehavynge and debate (debt only excepted) from the 
 begynnynge of the worlde unto the day of these presents, that then this re- 
 cognizance to stande voide or els to stande in stryngth and effect.'^ Thomas 
 Gebons also became bound in a similar manner. 
 
 In addition to the principal officers of the corporation were the lessor 
 appointments of chamberlain, porter, and bellman. The chamberlains collected 
 the various dues, murage money, lines, and rents payable to the city, rendering 
 up an account on the termination of their year of office. In common with all 
 municipal officers, they were debaiTed from holding any other appointment 
 except under the crown. 
 
 Porters of the city gates were compelled to reside within the walls, could 
 not appoint deputies, and were ordered once every fortnight to clean their 
 respective gates ; neglect of this duty rendered them liable to a fine of three 
 shillings and four pence. They also received the tolls from passengers going 
 in and out of town, but, from a petition bearing date 1586, it appears they 
 sometimes presumed upon the duties of their office. 
 
 " To the right worshipful Thomas Church, mayor of the cittie of Hereford, 
 his brethren the aldermen, and the three enquests. We, your neighbors and 
 co-citizens of the cittie of Hereford, freemen and guUd merchants of the same, 
 most humbly come complaining and showing unto your worships, that whereas 
 there hath bene an ancient custome time out of mind within the same, that 
 no porter shall summon or presume to arrest anie freeman or guild merchant 
 within the same cittie or liberties thereof, except the same persons had dis- 
 obeyed the summons given to him by anie of the sergeants-at-mace within 
 the cittie ; notwithstanding this good, laudable, and ancient custome heretofore 
 used, the porters now-a-dayes do not onlie take fees of men, but lie in the 
 buttresses and holes to natch and arrest them, not onlie the worst but those that 
 are of credit, as though they were fugitive persons that might be taken, which 
 is most detestable and clene contrarie to the owld and ancient custome of this 
 cittie, and also contrarie to the ordinance at the first made for their arrest by 
 a^ithority. Wherefore may it please your worship and the three enquests, at 
 this law-day to renew and put in use by wise dispositions, the decayed, owld, 
 and laudable custome to restrain these porters usurping the freemen's liberties ; 
 and this for Gode love." 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 109 
 
 A curious ordinance was passed at a law-day {temp. Henry VIII) to the 
 effect that every person elected bellman or common raker within the city should 
 pave yearly two hundred yards within the same at their own cost and charge, 
 save only that the chamberlain was permitted to give to the bellman, or to a 
 pavier appointed by him, a sufficient quantity of gravel and stones for the same, 
 to be paid for at the expense of the city. If any stranger or foreigner " made 
 labours " to be bellman within the city, and was admitted freeman and elected 
 bellman, he had to find sufficient sureties and to enter into a recognizance in 
 the sum of forty shillings before the mayor ; nor was this all, for he was obliged 
 to pave, or cause to be paved, during the first year of his office, four hundred 
 yards within the city, and every succeeding year so long as he continued in 
 office, two hundred yards; but he was allowed gravel and stone by the chamber- 
 lain. 
 
 Besides these officials, the mayor and council had in their employ an order 
 of men whose origin traces back to Saxon times, when gleemen and harpers 
 were maintained as part of their retinue by nobles and persons of rank. It 
 seems probable that most of the old corporations counted these musicians 
 amongst their retainers ; from a York compotus temf. Edward IV it appears 
 the civic authorities of that city had minstrels in their service, to whom they 
 gave liveries and wages, and who were authorised by the council to collect 
 money annually from all classes of people according to their means. 
 
 In the reign of Elizabeth, the duties of these itinerant musicians in the 
 service of the Hereford corporation apparently consisted not only of entertain- 
 ing guests at the banquet table but also of perambulating the streets at night 
 during the long dark winter months. Their salary from the public funds being 
 insufficient, other sources were made available, such as attendance at marriages, 
 feasts, and other festivities ; thus an appointment as one of the fraternity became 
 a desirable post. Some part of their dress or livery was also paid for out of 
 the civic purse, as appears from a petition sent by one of the band to the 
 mayor and council, stating that he had "lost his situation to his utter undoing", 
 and praying to be reinstated in his office. He declared his ability to perform 
 the customary service as well as heretofore and letter than the new hands. 
 But, as the venerable musician had arrived at the age of fourscore, his super- 
 annuation causes little surprise. The grand inquest, however, allowed him 
 " a cloke", and, in consideration that he relinquished all further claim, the new 
 "waits" were ordered to pay him twenty shillings. 
 
110 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 The visits of the Hereford waits to neighbouring towns, although adding 
 to their means of livelihood, interfered with the proper fulfilment of their 
 original duties, for in 1584 their leader, William Jackson, when applying for 
 an increase of salary, promised to give up all such wanderings for the future. 
 He pleaded " that he had served every winter quarter for the space of seven 
 years, and is now minded not to travel abroad out of the city, but only to 
 serve there continually and give his attendance, unless by special license of the 
 mayor, or by his commandment. And all his other business by which he did 
 get his living he will give over, in tender consideration whereof may it please 
 your worships at the present law-day to increase his stipend and that it be 
 quarterly paid." 
 
 It will now be advisable to give a short account of the defences of the city. 
 The castle of Hereford, heretofore maintained as a strong border fortress, had, 
 in the reign of Henry VII, become of less importance as a military position. 
 The walls and gates of the city were still kept in a complete state of repair, 
 and continued until a comparatively recent period to form a strong fortification 
 round the town. Outside the walls was a ditch or moat, artificially supplied 
 with water "from Yazor Poole, by the king's prerogative, to strengthen his 
 city of Hereford, and for the defence thereof against all enemies. This argues 
 that the king's city is not to be bounded by particular men's hedges, but by 
 natural bounds or marks, as rivers, highways, and mere stones." 
 
 Excejjt under certain conditions, inhabitants were not permitted to enclose 
 ground or build without the walls. One of the citizens, Eichard Neville, 
 having transgressed this regulation, was summoned before the mayor at the 
 Tolsend {teirvp. Henry YIII) to answer a charge of having enclosed a piece of 
 common groimd lying in the suburbs of the city, without the gate of St. An- 
 doen, between the lane called Frog Lane, and the ditch called Eow Ditch, and 
 also for imperilling and hurting the king's walls by the said gate. Upon examin- 
 ation Neville could not deny but that he was guilty of this offence. " Where- 
 upon the mere, his brethren, and the eleccon, ponderynge the common wele and 
 laudable custome of the citie, and to the intent no other person should here- 
 after so presume to inclose or bilde without license of the mere for the tynie 
 beynge, his brethren, and thre inquests sworen at a law-day within the said 
 citie, awarded, ordeyned, and jugged that Richard Neville between this and 
 the fest of the Purification of our Lady next comynge, shall remove and take 
 away all manner of tymber, stakes, thornes, and stones from the said coniAn 
 
CHAP. VI,] 
 
 ANCIENT CUSTOMS OF IIKUEFORD. 
 
 Ill 
 
 ground, and never from henceforth enclose the same, but suffre it to lye to the 
 use of the common, without he had a grant made to him under the comyn seale 
 of the citie. Also we aw^ard that Eichard Neville, before the fest of the 
 Natyvyty of Seynte John Baptist, well and sufficiently shall repare or cause 
 to be repared with stone, lyme, and sand a part of the towne walle, from 
 the fundement to the toppe, as well within as without, streachyinge in leynth 
 from the gate of St. Andoen as farre as he hath any ground, and kepe the same 
 in repare durynge his naturall life." 
 
 St. Owen's Gate. Taken down 1784.^ 
 
 For the defence of the city, every ward furnished and equipped a certain 
 number of men, and each citizen, according to his means, contributed to defray 
 the expense. Persons of small incomes, unable by themselves to provide a 
 horse or foot soldier with his accoutrements, were permitted to join with others 
 similarly circumstanced, and paid according to their ability. An important 
 example of the price and number of articles supplied by nine citizens is given 
 in the annexed bill of the Wards, temp. Henry VII : 
 
 "Imprimis, xx horses, with sadells, girths, sterrops, bridles and cruppers, 
 boots and spurres, at xx/. Item, xx cotes and xx salettes and gorgetts, xx 
 bowes with xx sheffes of arrowes, xxZ. iiis. vi<^. Harness delyvered by ix 
 ^ From an old print kindly lent by T. T. Davics, Esq. 
 
112 ANCIENT CUSTOMS OF HEREFORD. [chap. vr. 
 
 cytyzens (here follow their names) for harnessing a man. Furst, broughte 
 thereto, of Hew Goldsmythe, i peyre of Brekendows, a fall of mayle, a gorgett, 
 and a pere of splints, xiiis. y\\\d. Item, a salett of Thomas Taylour, xvid 
 Item, a glieve, viiic?. Item, for the sworde sache and gyrdle thereto, xxc?. 
 Item, for the white cote, iis. vfd. Item, lynen of the gorgett and apron of 
 mayle, iv^." 
 
 Towards the end of the eighteenth century the gates of the city were one 
 by one dismantled, upon orders from the corporation. 
 
 Under the Charter of Eichard I, the citizens had agreed to assist in repair- 
 ing the walls, but grants of murage were occasionally made by the crown ; the 
 tolls collected at the gates, together with many minor fines, went towards the 
 same fund, but the necessary expenses, nevertheless, pressed heavily upon the 
 citizens. By an ordinance, passed at a law-day, the tenth year of the reign 
 of Henry VII, citizens not having a freehold on the king's fee were required 
 to repair a tower, loop, or other portion of the walls, and paid a yearly rent 
 for such loops. It was also enacted that all citizens to whom any part of the 
 walls or towers was assigned, should well and sufficiently repair the same 
 from the ground upwards, within and without, and also pay to the chamber- 
 lains of the city two pence yearly at the feast of St. Michael the Archangel. 
 
 In medieval times freemen of cities possessed important advantages, and 
 were scrupulously observant of their rights and privileges, incurring great 
 ignominy and disgrace if, by mischance or ill-conduct, they forfeited their 
 franchise. There was a marked difference in the position of citizens and 
 freemen ; the former by old custom resided and supported their families 
 within the city, assisted in its defence, and paid a share in all taxes, but were 
 not necessarily freemen, although possessing many advantages and immunities 
 not allowed strangers or foreigners ; whereas freemen in a manner participated 
 in the government of the city, in addition to enjoying its privileges. If they 
 had no son, their eldest daughter's husband could take up the freedom. The 
 widow of a freeman who had died cliildless, upon her second marriage, con- 
 ferred the freedom upon her husband. Apprentices of freemen could also 
 claim the right of admission. Freemen alone exercised the right of voting for 
 burgesses returned to Parliament until the passing of the Eeform Act. They 
 had also rights of common of pasturage on waste lands within the limits of the 
 city, and many charitable donors left valuable gifts and bequests for their benefit. 
 
 By ancient custom, committal to ward at the Booth-hall for minor offences. 
 
CHAP. VI.] ANCIENT CUSTOMS OF HEREFORD. 113 
 
 instead of being sent to Byster's Gate prison, was a privilege only allowed to 
 freemen, none of wliora could be sent to Byster's Gate without being first dis- 
 franchised. The following entry made at a law-day, temp. Henry VIII, relates 
 some curious particulars connected with this custom : — ■ 
 
 " It was agreed by the mere, steward, mere's brethren, and the three 
 enquests, that every person beyng a citizen of the citie and condempned in 
 any accon before the mere at the sute of any person, yef the person so 
 condempned can fynde sufficient suretie to the mere to kepe the Bothe-halle 
 within the citie, then the partie so condempned shall be brought by the 
 sergeant of the mace to the Bothe-halle, there to remayne without any escape 
 or goyng out, and not be comytted to Bistrete Gatte. Provided it shall be 
 lawful to every person so comytted to take the keeper of the Bothe-hall, or any 
 other citizen of the citie, and to goo with hym to the church of Seynt Peter, 
 there to here dyvyne service, and there to remayne until such tyme his keeper 
 or citizen take hym and brynge him to the Bothe-hall, and so from tyme to 
 tyme until he be discharged by the mere. And it shall be lawful for every 
 person so comytted to the Bothe-hall to goo to dyn with a friend or to his 
 counsell lerned, so that the citizen have licence from the mere so to do." 
 
 There is an entry in the old record from which the preceding extract is 
 taken, respecting a recognizance or bond, designated " statute merchant", entered 
 into before the mayor and other officers appointed to attest and record these 
 securities. Early in the reign of Henry VIII, a bond of this description was 
 entered into by Thomas, son and heir of Richard de la Bere, knight, deceased, 
 late steward of the city, who became bound to Thomas Baskerville, Esquire, 
 and Dame Elizabeth his wife, mother of Thomas, and late wife to Sir Richard 
 de la Bere, in the sum of £300, "that he Thomas de la Bere would truly 
 contente, satisfye and pay to the said Thomas Baskerville and Elizabeth, yearly 
 during the life of the said Elizabeth, xvijV. of lawful money at the auter before 
 the shryne of Seynt Thomas of Hereford in the cathedral church of Hereford, 
 on the feste of the Appostelles Symon and Jude, and of the Appostelles Phelip 
 and Jacobe, before xij of the clock of the days of the said festes, yearly, in 
 allowance of all her dower of such messuages, lands, and tenements as were 
 Sir Richard de la Bere's, her late husband."^ 
 
 1 Sir Richard de la Bere was twice married ; Dame Elizabeth being his second wife. He 
 died three years before the date of the above recognizance, and upon his gravestone, which 
 may still Ije seen in the south-east transept of the Cathedral, is the figure in brass of a knight 
 
114 ANCIENT CUSTOMS OF HEREFORD. [chap. vi. 
 
 As tending further to illustrate the usage, formerly so general, of entering 
 into recognizances, another instance may be mentioned, where a citizen, named 
 Richard Barrett, came before the mayor, and desired to have certain goods 
 bequeathed to his children " by one Kateryn Eyls, then in the keeping of one 
 Margery Jones, that is to say, a matras, a potte of brasse, a panne of brass of vj 
 gallons, two pare of flaxen shets, a mete-clothe, a canvas, two spoons of silver, 
 two platers, two potyngers, two sawsers, a basen and cure of laten (iron or brass 
 tinned over), a candlestick, and a cofer. Whereupon the mayor sent for the 
 said Margery, and demanded of her the premises, and she confessed she had the 
 goods, and desired she might deliver them to Eichard Barrett for the use of his 
 children, so that he, with others, be bounden by recognizances to the mere in 
 the sum of one hundred shillings, that he should deliver the same to his 
 children when they came to lawfull age. Thereupon the goods were delivered 
 to the said Eichard Barret in open court, for the use before mentioned." 
 
 in armour, between those of his two wives ; at the feet of the one on his right appear a son 
 and four daughters ; beneath the other, ten sons and six daughters. 
 
CHAP. VII. J ANCIENT CUSTOMS OF IIEUEFORD. 115 
 
 CHAPTEE VII. 
 
 Guilds and Trades — None but Freemen to trade — Corpus Christi Pageant — List of Perform- 
 ances — Its Abolition — Letter from the Council of the Marches of Wales respecting 
 Wardens of Crafts — Herefordshire Wool — Cloth Trade — Petition to Queen Mary — 
 Corn Mills — Bakers — Bread sent into Wales — Regulations for its sale — Fish — Recogni- 
 zance for sale of same — Butchers — High price of meat — Skins and Furs — Furriers' 
 Petition — Salters — Coal — Petition of Smiths and Cutlers — Sale of Glass — The Market 
 Bell — Bells — Bell Ringers' Petition — Recognizance for Sale of Bells — Brewers — Regula- 
 tions for Sale of Ale and Metheglyn — Vintners and Wine Taverns — 
 Petition of John Kerry and Johanne his •wife. 
 
 fraternities named guilds, from gildan, to pay, are said to have 
 originated in an old Saxon custom. Persons entering these 
 associations became bound for each other, in a certain sUm, that 
 they would bring forth those who had committed any crime in 
 their district, or, in default, make satisfaction to the injured party. For this 
 purpose money was raised amongst the members of the guild, and put into a 
 common fund, from whence pecuniary compensation was made, according to the 
 offence committed, as, unless speedy restitution was given, all inhabitants in that 
 part of the country became liable to indiscriminate retaliation, even when not 
 accessory to the crime. Thus it is supposed the societies of companies or guilds 
 commenced in this kingdom long before their legalisation by royal licence. 
 
 The old guilds had many important privileges. Tradesmen not enrolled in 
 a company were virtually debarred from practising their business, and became 
 subject to constant fines, for it was a law of each city that none but 
 acknowledged members of such societies should be allowed to trade within its 
 walls ; thus they increased in wealth and power. 
 
 The charter granted to the inhabitants of Hereford by King John, 
 A.D. 1216, confers upon the guild or Hanse merchants there the right of 
 framing laws and regulations for self-government, and in the course of years 
 they obtained many other essential advantages. Amongst the most ancient 
 guilds and trades mentioned as established in Hereford, are carpenters, 
 corvisiers, bovvyers, fletchers, cardmakers, saddlers, fullers, tailors, butchers, 
 
IIG ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 blacksmiths, bakers, mercers, glovers, goldsmiths, barbers, dyers, tanners, 
 chandlers, cordwainers, pewterers, cutlers, harpers, plumbers, pin-makers, 
 makers of bow-strings, arrow-head makers, makers of parchment, and motley 
 weavers. 
 
 When not enrolled in any company, bowyers and fletchers alone, of the above 
 handicrafts, were permitted to enjoy equal privileges with freemen. In the 
 middle ages, these influential craftsmen received special encouragement ; laws 
 were enacted for their benefit, and merchandise taxed for the same purpose. 
 At one time, it was ordained that every merchant bringing ships from Venice, 
 laden with wine, should, for every butt of Malmsey or Tyre, bring ten bow 
 staves of good quality. In testamentary dispositions made for the benefit of 
 poorer citizens, bowyers and fletchers are more particularly specified as entitled 
 to any benefits derived therefrom. The importance of keeping cities and towns 
 effectually provided with means of defence, accounts for the additional 
 advantages offered skilled workmen in this branch of business. 
 
 In 1497, it was decreed at a law-day, held before the mayor and his brethren, 
 that no person made a freeman from that date should exercise any trade in the 
 city or suburbs without having first paid a certain sum, according to the 
 standing of such craft ; the fee to be divided into three parts, one payable to 
 the mayor, another to the artificers of his company, and the third to the 
 common coffer. 
 
 At a subsequent law-day, it was further ordered " that every person 
 admitted guild merchant of the city should pay upon admission twenty 
 shillings, and two shillings to the king's ofiicer. Every freeman's son and heir, 
 or he that hath married a freeman's wife, to pay according to the Booh of 
 Ctistoms of the said city." Foreigners and strangers could not legally sell by 
 retail any description of merchandise within the walls, unless admitted free by 
 the wardens of such craft. 
 
 Under the condition of their grants, it was customary for certain 
 companies and guilds in Hereford, as in some other towns, to assist in a 
 public show or pageant that took place yearly upon Corpus Christi day, a 
 religious festival instituted by Pope Urban IV about the year 1263, and 
 appointed to be held annually on the Thursday after Trinity Sunday. From 
 the time of its first introduction into this country, the celebration of the 
 Corpus Christi festival was accompanied by the exhibition of pageants or 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 117 
 
 plays, produced by the tradesmen and artizans of most importance in the city 
 where the festival was solemnised. 
 
 The foUowing account of the procession in the city of York in the 
 fifteenth century is taken from a learned dissertation on the subject, written by 
 Robert Davies, F.S.A., and is here inserted, as there is reason to believe the 
 manner of conducting these performances was similar in most towns of the 
 kingdom : — 
 
 " After the ecclesiastics came the lord mayor, aldermen, and other members 
 of the corporation in their robes of ceremony, attended by the city officers and 
 other persons, bearing their appropriate number of lighted torches, and followed 
 by the members of the numerous crafts or trade companies of the city with 
 their banners and torches, taking their places according to a prescribed order of 
 precedence. In the streets through which the procession passed, a prodigious 
 crowd of the populace were assembled, the fronts of the houses being decorated 
 with tapestry and other hangings, and their entrances strewed with rushes and 
 flowers. From the priory gates they took their course to the cathedral, where a 
 sermon was preached in the chapter-house. The shrine, which was doubtless 
 the most prominent and attractive object in the procession, was presented to 
 the guild in the year 1449 by Thomas Spofford, Bishop of Hereford, and in 
 every succeeding year the donations and bequests of pious members of the 
 fraternity added to the number and beauty of its decorations."^ 
 
 The early records of the corporation of Hereford, being very imperfect, 
 contain little information relating to the celebration of the Corpus Christi 
 festival prior to the commencement of the sixteenth century, but there is no 
 
 ^ The following minute description of this shrine has been preserved: — " The shryne is 
 all gilte, having six images gylded, with an image of the birthe of our Lord, of mother-of-perle, 
 silver, and gilte, and thirty-three small images ennamyled standing about the same, and a 
 tablett of golde, two golde ryngs, one with a saffure and the other with a perle, and eight 
 other litel images, and a grate tablett of golde having in it the image of our lady, of mother- 
 of -perle. Which shryne containeth in length three-quarters of a yard and a nayle, and in 
 breadth a quarter and half and more, and in height half a yard and over, besides the steeple 
 standing upon the same ; the said steeple having a weather-cokke thereupon all gilte, and a 
 ryall of golde, four old nobles, and two gylted groots hanging upon the said steeple. And also 
 beyng within the steeple a berall wheryn the sacrament is borne, having in the said berall two 
 images or angells of silver and gilte berynge up the said sacrament, the foote and covering 
 of which said berall is silver and gilte." For further information concerning the festival 
 of Corpus Christi see York Records of the Fifteenth Century^ by Robert Davies, town clerk of 
 that city. 
 
118 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 [chap. VII. 
 
 doubt that these exhibitions were of yearly occurrence in this city long before 
 that time. It fortunately happens one entry, that of the order for the pageant 
 on Corpus Christi day 1503, has escaped destruction. It contains a list of the 
 pageants that year comprised in the Corj)us Christi plays, witli the description 
 of the characters represented, and the names of the several crafts or trade 
 companies by whom they were produced or maintained : — 
 
 " The pageante for the pcession of Corpus Xpi. 
 
 Furst, Glovers 
 Eldest Sergeant 
 Carpenters . 
 Chandelers . 
 Skynners 
 Flacthers 
 Vynteners . 
 Tailors 
 The Tanners 
 Walkers 
 
 Bochers 
 
 The Eldest Sergeant 
 
 Smyth es 
 
 The Eldest Sergeant 
 
 Bowyers 
 
 The Bellman 
 
 Drapers 
 
 Sadlers 
 
 Cordeners . 
 
 Journeymen Cappers 
 
 Dyers . 
 
 The Eldest Sergeant 
 
 Porters 
 
 Mercers 
 
 Bakers 
 
 Adam and Eve. 
 
 Caynne and Abele, Moysey and Aron. 
 
 Noye Ship. 
 
 Abram, Isack, Moysey. 
 
 Jesse. 
 
 Salutation of our Lady. 
 
 Nativite of our Lord. 
 
 The iii kings of Salem. 
 
 The story of Shere Thursday.^ 
 
 The good Lord judging at an assize with xij 
 Appostelles. 
 
 The taking of our Lord. 
 
 The tormenting of our Lord with iiii tor- 
 mentors, with the lamentac'on of our 
 Lady. 
 
 Longys with his knyghte. 
 
 Mare and John Evangelista. 
 
 Josett Aramathea. 
 
 The Purification of our Lady, with Symyon. 
 
 Doctors going (arguing) with the good Lord. 
 
 Fleuve Jordan. 
 
 The Castell of Israeli 
 
 Seynt Katherina, with X and tormentors. 
 
 Sepulture Xpi. 
 
 Tres Marie. 
 
 Milites armat. custod. sepulture. 
 
 Pilates wyfe, Annas. 
 
 Knyghte in harnes." 
 
 1 Shere or Shore Thursday, the Tlmrsday before Easter, is so called because " in old 
 fathers' days people would that day shear their heads, clip their beards, and poll their heads, 
 and so make them honest against Easter day." — Brando's Popukir AiUifiuilica. 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 119 
 
 The place of honour on public occasions was given to the guild to which 
 the mayor for the time being belonged. It will be observed that the glovers 
 take precedence in the foregoing procession. Hereford had been celebrated for 
 its glove trade from early times, and it long formed one of the most important 
 handicrafts in the city. 
 
 From the number of pageants set forth, it may be conjectured that some of 
 the representations were little more than tableaux vivants, others depicted on 
 banners, whilst the more important were performed upon stages by actors, who 
 declaimed their parts. In Chester and some other places, the performances 
 were exhibited on raised platforms placed on wheels, drawn at pleasure from 
 street to street, and the artificers of Hereford, we may infer, adopted a similar 
 contrivance. 
 
 After the Eeformation, these shows were abolished, and early in the reign of 
 Edward VI it appears that the different crafts were to contribute yearly a 
 certain sum of money, to be employed for the benefit of the city, in place of 
 maintaining the usual pageant on Corpus Christi day : — 
 
 " At a law-day holden at the cytey of Hereford before John Wamecombe, 
 esquyer, mayor, the tenth day of December, the second yere of our sovereign 
 lord Edward the Syxt by the grace of God of England, France, and Ireland 
 kinge, defender of the faythe and supreme head of the church of England and 
 Ireland. Forasmuch as there was before this tyme dyvers corporacions of 
 artificers, craftes, and occupacions in the cytey, who were bound by the grauntes 
 of their corporacions yerely to bring forthe and set forward dyvers pageaunttes 
 of ancient history in the processions of the cytey upon the day and feast of 
 Corpus Xpi, which now is and are omitted and surceased: Wherefore it is 
 agreed, condescended, and grauntted by the mayor, his brethren, and the three 
 enquests at this present law-day with their hole assent, concurrence and 
 authority, according to the ancient custome of the cytey, that the mayor that 
 now is, and hereafter his successors, with the consent of their brethren and the 
 three enquests, may grauntte under the common sealle of the cytey, unto all 
 the craftes and occupacions therein which before this tyme had graunttes of 
 corporacions under the common sealle, such corporacions and compositions as 
 the craftes have had and enjoyed in times past. Saving that all the corpora- 
 cions shall, instead of setting forthe the pageaunttes on the day and feast of 
 Corpus Xpi yerely, content and pay at the feast of the Annunciation of our 
 
120 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 Lady the Virgin an annuity or certen sum of money to the use and behoffe of 
 the cytey, such as the same crafts shall agree to give, for those grauntes of 
 corporacions hereafter delivered under the common seale of the cytey. 
 
 " And it is further agreed at the present law day that there shall be yearly 
 chosen by the mayor for the time being, his brethren, and the three enquests at 
 the law day next before the feast of Seynt Mychall the Archangel, two of the 
 gyld marchaunttes of the cytey, who shall be called the collectors of annuities of 
 the occupation in Hereford, one to be chosen by the first enquest, the other by 
 the second and third enquests. And they shall, by virtue of that name and 
 office, collect and gather yearely for the yere ensuing all the annuity or sum of 
 money of artificers and companies incorporated in the cytey, after the feast of the 
 Annunciation of our Lady by the said corporacions bestowed, 
 
 "And they shaU distribute, dyspend, and bestow the same for the yere 
 ensuing upon the ruynous and decayed causeys, pavements, streets, and walls, 
 cleansing the town ditch or such like reparations, by the appointment of the 
 mayor for the tyme being. Also the collectors at the end of the yere, at the law- 
 day before the feast of Seynt Mychall, shall bring forthe and deliver up their 
 accounts, which shall be openly read and exhibited by them before the mayor, his 
 brethren, and the three enquests at the law-day. And then and there they shall 
 deliver unto the new collectors, who shall then be elected (outt of hand and 
 without further delay on payne of imprisonment), the residue of such sums of 
 money as by them were levied and received from the said corporacions and not 
 distributed as aforesaid." 
 
 The first year of Queen Mary's reign differences arose between the newly 
 elected wardens of certain crafts, and the mayor, who for some reason either 
 delayed or refused to deliver their charters to the incoming officers. An appeal 
 was made by the latter to the Council of the Marches, and in reply a mandate 
 was despatched : — 
 
 " To our right well beloved Wm. Smooth, gent., maior of our citie of 
 Hereford. 
 
 " By the Queene. 
 
 " Right well beloved we greet you well. And understand by the complaint 
 of Morgan Davies and John Hawle, that there hath been tyme out of mynde a 
 corporation in that our citie of the crafts of goldsmiths, blacksmiths, cutlers, 
 plumbers, glaishers, braishers, pewterers, and cardmakers. That the parties 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 121 
 
 being chosen wardens of the said crafts for this yere- have received their oath, 
 according to the custom of the said city for executing the said office. Albeit the 
 charter of the said corporations, and the fraternities belonging to the same, ought 
 by their constitutions to be to the parties delivered j yet you, having the same in 
 your custody, and being required to make delivery thereof, refuse so to do, by 
 means whereof the parties are not able to execute their office according to their 
 duties and their said oath as is alleged. We therefore command you to 
 administer justice in the said matter accordingly. Not failing hereof as ye will 
 answer at your peril. Given under our signet at our Castell of Ludlow, the 
 ninth day of February, the first yere of our reigne. 
 
 " And Her Highness's counsaill in the Marches of Wales." 
 Although subject to many arbitrary bye-laws and restrictions, an extensive 
 trade was carried on in Hereford from an early period in corn, cloth, wool, and 
 leather. Bales and parcels of such merchandise brought into the city by traders 
 without the walls were only permitted to be pitched and sold at the Booth-hall, 
 and any person transgressing this enactment forfeited the goods so exposed for 
 sale. It was ordered that citizens should not purchase wool or iron of any 
 person " unless they very well knew" the articles belonged to the vendors, under 
 penalty of forfeiting the same. Neither could traders dwelling within the town 
 sell or deliver any " raw cloth" out of it unless they first paid the aulnager four 
 pence for all such cloth ; a fine of twenty shillings was enforced for non- 
 compliance with this ordinance, to be divided into three parts, one to the mayor, 
 another part to the chamberlain, and the third to the aulnager, an officer 
 appointed to examine into the assize of cloth, also to collect the subsidy or 
 aulnage duty granted to the king. 
 
 The wool produced in Herefordshire was especially celebrated for its 
 superior quality, and formed an important article of commerce, being exported in 
 large quantities. In the reign of Henry VIII, a wool merchant named Thomas 
 Gibbons, entered into a contract before the mayor to deliver to Watkin Carrewey 
 and William Gynaght " thirty stone of good and able-packed wool of the best 
 veynes within Irchinfield in the county of Hereford, to be tried by John 
 Warnecombe or such other person as the said Watkin or William should appoint 
 for the trial of the wool, by the feast of St. Peter called Ad Vincula". Two 
 sureties entered into a bond to the amount of eighty pounds that Gibbons would 
 fulfil the aforesaid agreement. Another dealer, named John Lloyd, also 
 contracted to deliver to Carrewey and Gynaght " eleven stone of good and able 
 
122 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 packed wool of the best veynes within Irchinfield", and gave security that he 
 would well and truly perform this contract. Similar covenants were entered 
 into when wheat, tallow, or other merchandise was bought and sold in large 
 quantities. 
 
 " The flocks of Archenfield and the district round Leominster were in high 
 repute ; men of rank attended to the rearing, if not to the improvement, in sheep 
 and horses. Lord Scudamore's flock was enumerated on one occasion at six 
 hundred, and there was a wool chamber at his residence in Hom Lacy House.^ 
 Other country gentlemen possessed sheep in even greater numbers. 
 
 At an early date corn and fulling mills had been erected on the river Wye, 
 in the immediate vicinity of Hereford, where a thriving business was carried 
 on, and great numbers of people employed. Forges and out-buildings were 
 connected with the mills, and it is related that at least a thousand bushels of 
 grain were ground weekly by the millers ; but in the reign of Henry VIII these 
 buildings were taken down under the king's command. For this arbitrary 
 proceeding no good reason was assigned. Severe distress ensued, the poorer 
 classes were deprived of employment, the trade of the city diminished, until 
 destitution became so severe that the mayor and citizens were compelled to 
 beseech the justices of the county, " by reason they were surcharged and not able 
 to relieve so many poor", to grant a licence permitting a certain number of 
 people to beg in the country parishes. 
 
 Some years later, in hope of restoring prosperity, the dean and chapter 
 united with the mayor and citizens in sending a petition to Queen Mary, praying 
 for the restoration of the mills, wherein it was stated : — 
 
 " That the dean and chapter for the time being were seized in their desmene 
 as of fee, of two corn and two fulling mills, situate upon the river Wye within a 
 quarter of a mile from the city, with the water coming to and going from the 
 said mills. Which mills time out of mind were so beneficial to the city that 
 cloth making was there greatly increased, and very much people then inhabiting 
 set on work, such as weavers, fullers, walkers, spinners, and carders, whereby the 
 city was well occupied and the inhabitants became wealthy and rich, and 
 so continued until the nineteenth year of the late king Henry VIII. At which 
 time, by a wrongful suggestion made to hirii upon malice borne to the dean and 
 chapter, and by a private letter from the king by sinister means obtained, the 
 four mills were thrown down and destroyed. 
 
 1 Webb's Memorials of the Chil War. 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD, 123 
 
 " By reason whereof the cloth making in the city utterly ceased, and it 
 has since run into such extreme ruin and decay that the people there inhabiting, 
 who before that time were well occupied in the mysteries aforesaid, were then 
 not able, for lack of work, to get their own living, to the utter impoverishing and 
 defacing of the said city, which was at that time filled with such a number of poor 
 as could not be relieved, ualess cloth making was again set forth and maintained." 
 
 In compliance with this petition, an act was passed, authorizing the erection 
 of four mills upon the river Wye in place of those that had been destroyed ; but 
 notwithstanding the exertions of the cathedral and city authorities, the cloth 
 trade in Hereford never recovered the check it then received. 
 
 Some of the mills and weirs situated upon the Wye were of great antiquity ; 
 it is stated in a curious copy of a case drawn for the opinion of counsel 
 concerning a dispute about the navigation of the river, dated 1690, that " the 
 mill of Sugwas lying next above Hereford, belonging to the bishop, by 
 traditional report was one of the first built upon the Wye, and no time since the 
 erection thereof discontinued (the antique and substantial model of the weir 
 expressing the same). Concerning the mill at Bridge, for declaration of the long 
 antiquity thereof, there will be produced ancient records before any date was 
 used to be inserted in deeds. Likewise for the mill at Monnington there will be 
 shown a lease in French for forming thereof in the reign of Kichard II." From 
 the same paper we learn that the inhabitants found by experience windmills did 
 not succeed in this county, owing to the hills and rising grounds. 
 
 The number of ancient corn mills in the neighbourhood of Hereford, at the 
 time now under consideration, may readily be accounted for, as an extensive 
 biisiness in every description of bread had been carried on between this city and 
 Wales from an early period ; it was purchased in great quantities from bakers 
 by men called " bagers", who retailed it in the surrounding country. Many 
 prohibitory enactments were made respecting this article of domestic consumption; 
 innkeepers, hostellers, and others, were forbidden to bake any sort of bread in 
 their houses or elsewhere, except for themselves or their guests, without having 
 first compounded and agreed with the wardens and corporation of the bakers 
 company. Neither was it lawful, temp. Henry VIII, for " country bakers 
 to bring their bredde into the city except into the market place, there to be sold 
 twice a week upon the two usual market days weekly there holden, being 
 Mondays and Saturdays, so that they bring no other sort thither to be sold but 
 
124- ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 white, wheaten, and household bredde, of such sort and size as the statute in 
 that behalf limits and appoints, but not any spiced bredde, cake, or lounds. 
 
 " The country bakers to remain in the market to sell their bredde upon the 
 said market days, from or between nine in the morning to two in the afternoon, 
 and no longer ; then to depart, upon pain of forfeiting aU the bredde they shall 
 have there to sell after the hour of two of the clock. 
 
 " They shall not seU their bredde in any private place or house in the city, but 
 only in the market place. The wardens of the company, if necessary, may weigh 
 the bredde. If any be found defective it shall be distributed amongst the 
 prisoners and poor of the city, according to the direction of the mayor for 
 the time being." 
 
 Notwithstanding the supervision exercised by the wardens, the civic 
 authorities received frequent complaints against the bakers, and to prevent the 
 trade and credit of the city suffering from their malpractices, a special order 
 was made, temp. Edward VI, to the effect that : — " Whereas the bakers' bredde of 
 the said city conveyed by bagers to dy verse parts of Wales was of old times, 
 for its goodness and good weight, there of all men embraced, it is at the present, 
 from the smallness thereof, of all men slandered, in that the bakers do not keep 
 the assize weekly given by the mayor. 
 
 " Therefore many men do judge and deem that some of the bakers, when 
 tli^y serve the bagers, do secretly bake for such in the night-time, and send 
 forthwith such bredde out of the city by the bagers before day, so that the 
 wardens of the craft cannot take any knowledge of the assize thereof, whereby 
 they might make any presentment of the validity or invalidity of the same bredde. 
 
 "Tor remedy whereof, it is ordered by the mayor, his brethren, and the 
 three enquests, that no baker or bakers of the city that now be or hereafter 
 shall be, from and after the feast of the Purification of our blessed Lady the 
 Virgin, next coming, shall, either by night or day, bake any batch of any kind 
 of bredde, and sell and deliver any part of the same batch to any bagers or 
 strangers, before the wardens of the bakers within the city be warned by such 
 bakers to come and view and search, whether the bredde keep the assize given 
 by the mayor to the bakers the Sunday before the baking of the bredde, upon 
 pain of forfeiting such bredde. A fine to be made at the discretion of the mayor 
 and his brethren for the time being, and the said wardens, so being warned, shall 
 without delay repair to the house of such bakers to view and weigh the bredde, 
 upon pain of losing for any default four shillings." 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 125 
 
 From another entry, it appears that Thomas Davies and Hugh ap Eees, 
 wardens of the occupation of bakers, were committed to ward and fined forty- 
 shillings : — " For that whereas the mayor had given the assize according to the 
 middle market or somewhat above, that is, to bake after twenty shillings and 
 sixpence the quarter of wheat, they did not so bake and give assize to the rest 
 of the occupation of bakers ; by means whereof, Monday and Tuesday, the two 
 next days of the same week (the assize was given upon a Sunday), the city was 
 destitute and unprovided with bread necessary and convenient.''^ 
 
 It was also enacted : — " That every baker shall make good and able white 
 bread, well and throughly baken of good past, two loaves for a peny, and one 
 loaf for a peny, and no other pryce, upon pain of forfeiting all such bread ; and 
 the said bakers to put no manner of gi'ayn in such bread, other than good and 
 clean whyte. Also tliat every baker make good and able horse bread, three 
 loaves for a peny, of beanes, peasen, and faches, upon pain of forfeiture of the 
 bread, and paying ten shillings for every such default. Also that every baker 
 set a redy and perfect mark upon his or their loaves, upon pain of forfeiting the 
 same." 
 
 Many varieties of bread were made from early times ; that composed of the 
 finest white flour was termed " Demeine", or lord's bread, from the fact that it 
 usually formed part of a gift or offering sent to strangers of distinction. 
 " Wastel" bread, also made of fine flour, was the usual accompaniment of the 
 large silver cup or "was-heal" bowl produced at feasts and merrymaking. 
 Spiced bread, and the common brown bread, or " tourte", were used among the 
 middle and lower classes. 
 
 The sale of corn and grain, in common with all other marketable com- 
 modities, was subject to surveillance, and, temp. Queen Elizabeth, an entry 
 occurs : — " That the mayor, in the Queen's behalf, doth prohibit any person to 
 bring corn or grain to the said city, there to be sold, or to presume to utter, 
 bargain, or sell the same, before the first ringing of the market bell hanging in 
 the market place. And that no common bager appear or show himself within 
 
 1 A Charter, granted 21st Edward III to the city of Bristol, decrees that bakers breaking 
 the assize should be drawn upon a sledge through the streets of the town, as a punishment for 
 the offence. The illuminated initial letter with which the Charter commences represents, in the 
 upper corapartmeut, the unhappy baker being flogged by two men ; in the lower division he is 
 seated, with his hands tied to his side, and bare feet, in a rude kind of sledge drawn by a pair 
 of horses, on one of which rides a postillion flourishing a long whip. 
 
126 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 the corn market until after the second ringing of the market bell, appointed to 
 be rung every market day before one o'clock in the afternoon. None shall 
 make sale of any come after the hour of three in the afternoon ; then to cease 
 and put up their bags, upon pain of imprisonment of their bodies." 
 
 In former times, fish was another important article of food, far more so than 
 at present, owing partly to the number of fasts instituted by the Church, and 
 partly to the scarcity of fresh meat. Fish were frequently purchased for large 
 households by the horse or cart load. The place where it was sold is termed 
 the " king's fish boordes", or boards, possibly because dues or tolls were payable 
 to the Crown on certain kinds. 
 
 The grant of customs to the citizens by Edward I mentions salmon and 
 herrings as subject to toll, and as brought to market in large quantities. From 
 the severity of the fine payable under a recognizance, temp. Henry VII, the 
 punctual delivery of a consignment of herrings was a matter of some 
 importance. 
 
 "The condition of this recognizance is this, that if the above bounden 
 Lewes Penderyn delyver or cause to be delyvered to the above wreten William 
 Himt, his heirs or executors, two mese^ of goods and able herrynge, one of 
 redde, another of whyte, the xxiiii day of January next comyng after the date 
 above wreten, or els content and paye to the same William, his heirs and 
 executors xiiis. iiiid. of lawful money of England, the xxiiii day of January, 
 that then this recognizance to stande voide, or els to stande in streynght and 
 effect." 
 
 In addition to fish imported from the coast were eels from the Wye, 
 esteemed for their deKcate flavour, and sold at threepence and fourpence the 
 stick of twenty-five, but the price varied according to size. The same river also 
 afforded sturgeon, lampreys, salmon, minnows, trout, and other kinds of fish. 
 All persons were forbidden to purchase for the purpose of resale any description 
 of fish, whether salt or fresh, and in accordance with a law passed by Edward 
 III, which ordained, " that in order to make the price more reasonable, no one 
 shall meddle with the mystery of fishmongers, except those that belong to it." 
 An entry appears in the Minute Book to the effect : — " That no man or woman 
 meddle with selling of fish other than their own, except mussels and oysters, 
 upon pain of six shillings and eight pence, half to the mayor, and half to the 
 chamberlain." 
 
 ' Mease or mcse : a measure of herrings containing five hundred fish. 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 127 
 
 Many Acts were passed at an early date respecting the rights of fisheries 
 and preservation of fish, but no documents have yet been found in the Hereford 
 archives bearing upon the subject, previous to the year 1615, when, at a court 
 view of frank pledge, John Carsley was accused of destroying young fry of fish, 
 contrary to the statutes then in force.^ 
 
 The supply of fresh meat was very uncertain; it was seldom obtainable 
 after the summer months, and even wealthy households depended chiefly upon 
 their stores of salted meat for the rest of the year. A decree was issued by the 
 mayor and council in the reign of Henry VII, that butchers should not 
 slaughter in their shops the animals intended for sale, under penalty of fine. 
 Another regulation, temp. Elizabeth, forbids the sale " of flesh, unless seasonable 
 and wholesome for man's body, upon pain of forfeiting twenty shillings." 
 
 Even at this early date the pure stream of the river was polluted, and 
 orders issued "that all offal and refuse from the slaughter-houses should be 
 carried away in the night and taken to Wye Bridge, there to be cast in at the 
 place accustomed, between eight and nine o'clock in winter, and nine and ten in 
 summer." 
 
 In common with other tradesmen, butchers were enjoined to close their shop 
 doors and windows upon the Sabbath day, during the hours of Divine Service, 
 except upon the three Market Sundays ; every person offending against this 
 regulation incurred a fine of ten shillings. Wardens of the various companies 
 were commanded to see the enactment duly observed ; neglect of duty subjected 
 them also to fines. 
 
 During part of Elizabeth's reign, the price of meat was unusually high. 
 The civic authorities therefore found it expedient to grant extra privileges to 
 " foreign butchers, who shall come to the city to sell their meat at their pleasure 
 upon Wednesdays and Saturdays, so that they bring with them the hides, 
 tallow, and skins of such meat as they take into market." 
 
 Amongst the patents of monopoly granted by the Queen were those of 
 skins and leather. The price in consequence became greatly increased ; hence 
 the restrictions placed upon country dealers. 
 
 Many ordinances were framed with the intention of preventing the market 
 being forestalled, and articles in demand bought up at unlawful times and 
 places. Furs and skins, at this time in great request, were articles of trade 
 
 1 13 Richard II ; 17 Richard II ; Elizabeth, cap. 17. 
 
128 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 speedily sold, and in 1558 a freeman and furrier, named "William Warracke, sent 
 in a petition to the mayor, stating : — 
 
 "That there are certain occupations within the city, such as tailors and 
 glovers, that buy up all the skins and furs, so that the said "William is not able 
 to live by his occupation, and thereby afford a pennyworth, for that he could 
 not get the said skins. And the tailors of the said city do make furre gownes, 
 contrary to and against all good orders of other cities. The said "William was 
 bound apprentice to the furrier's craft, and seeks redress in this matter." 
 
 For remedy of this grievance, the council ordained " that no tailors should 
 henceforth follow the craft of furrier, unless Waracke or others of his occupation 
 will not do it as good as the tailors, but if the furriers will do it as good, they 
 may have the doing thereof, and be joined in composition with the glovers." 
 
 The carriage of heavy goods at this date was both costly and difficult, owing 
 to the bad state of the roads, in many places mere tracks, full of holes and 
 quicksands in winter and deep ruts in summer. This necessarily enhanced the 
 price of salt, coal, and those commodities that came from distant parts. From 
 an ordnance passed at a law-day, temp. Henry "VIII, it appears salters were not 
 permitted to warehouse their salt, as that would have enabled them to enhance 
 its price. 
 
 " All salters coming into the city with salt for sale shall sell their salt in 
 their carts in the High Causey, as hath been of old time accustomed. It shall 
 not be lawful for any Salter to house salt within the city, at no time in the year 
 from henceforth, upon pain of forfeiting all salt so housed by them or their 
 deputies. Half the salt so forfeited to go to the mayor, the other to the 
 chamberlain for the use of the city. Also all salters shall remove their carts 
 out of the High Causey every week, by Wednesday before night, under penalty 
 of forfeiting for eveiy such salt, twelve pence, to be levied by the chamberlain." 
 
 Hereford, until a comparatively recent period, derived its principal supply 
 of coal from barges towed slowly up the river, and doubtless in a similar manner 
 it was conveyed in the reign of Elizabeth. Coal, formerly termed sea coal, could 
 then only be procured in limited quantities, and the inhabitants generally 
 obtained fuel from the neighbouring forests. The importance of coal as a heat 
 producer appears early to have been appreciated, and a petition from the smiths 
 and cutlers sent to the mayor and three inquests for leave to forestall the 
 market are yet preserved. 
 
 " Complaining sheweth unto your masterships : — 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 129 
 
 " The company of smiths and cutlers of the same city. Whereas there are 
 certain that do forestall and regrate the sea coals coming unto this city, to 
 the uttermost undoing of your orators. This shall be to desire your good 
 masterships to see a redress herein taken, that no man do buy no coals in 
 the market, until such times the smiths and cutlers be first served." 
 
 A favourable answer was obtained, and the general public were forbidden to 
 buy coal until after twelve o'clock at noon, when the petitioners were supposed 
 to have completed their purchases. 
 
 Another commodity now considered essential to every house, namely glass, 
 in the time of the Tudor sovereigns, formed a valuable possession, and 
 was so costly and difficult to obtain, that when persons of rank changed their 
 residence the glass windows were carried with them as part of their household 
 goods. 
 
 Previous to 1557 it had been imported from abroad ; forty years later there 
 seems to have been a manufactory in Staffordshire, for an agreement remains in 
 the archives, made between Vomber Henzie of the Byrelets, in the parish of 
 Eggleshall in the county of Stafford, and Lewis Watkiiige of Kivernolle, in the 
 county of Hereford, setting forth, " that the said Vomber Henzie, his executors, 
 administrators, or assigns, do agree well and truly to pay and deliver unto the 
 above named Lewis Watkinge twelve cases of broade glass, good and merchant- 
 able of the largest assize, every case containing fifteen bouches, at or before the 
 feast of St. Michael the Archangel next ensuing the date hereof ; at the Glasse 
 house lately erected neare Much Dew Church in the county of Hereford, without 
 any manner of fraud or delay." A heavy penalty of twenty pounds was incurred 
 for breach of this contract. 
 
 The market bell has frequently been referred to in previous extracts. In 
 medieval times clocks were not common, and in their place bells or chimes were 
 used to mark the hour ; also to give an alarm of fire, or the approach of an 
 enemy, to open or close the markets, to arouse the inhabitants in the early 
 morning, and to call citizens to council, or join in an ecclesiastical procession. 
 The townsmen were compelled at their peril to answer the common bell ; this 
 appears from Sir Eichard Cave's defence, when as Governor of Hereford Castle he 
 was called upon to give an account of his conduct in having hastily surrendered 
 to the Parliamentary forces during the civil war. In defence he states " that 
 notwithstanding the ringing of the common hell, the strictest summons that can he 
 given to the citizens, aind upon ivhich they are hound hy oath to appear, very few 
 
 s 
 
130 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 came to perform the intended service,^ and consequently the works necessary for 
 the safety of the city could not be raised." 
 
 Every market day previous to the commencement of business the bell rang 
 at nine in the morning from Michaelmas to Candlemas, and at seven in the 
 morning during the summer months ; this custom is yet retained. 
 
 Orders were issued in the reign of Queen Mary, that at four o'clock every 
 morning a bell should be rung, "from the vigil of All Saints until the feast of 
 our Blessed Lady the Virgin, in the parish church of All Saints, the mayor to 
 pay unto him that shall take the pains to ring the said bell the sum of 
 ten shillings." The bellman, however, apparently neglected his duties, for early 
 in the ensuing reign a petition was sent to the mayor and council from the 
 artificers and citizens, complaining that the bell was not rung at the usual hour 
 in the morning. 
 
 " Petition to the mayor, his brethren, and the three inquests. 
 
 "Humbly beseecheth your worships, the commonalty of this citie of 
 Hereford, especially the artificers of the same, that live by their occupations. 
 That whereas there hath been of olde tyme a goodly custome to have a day bell 
 rung every morning at a quarter to four, which hath not been used these two 
 years. And there is also no waits to rise the people at the hour they should go 
 to their labour, which is a great decry amongst the poor. Wherefore it 
 may please your worship and the three inquests, to have a bell rung every 
 morning, from three weeks next before Michaelmas unto our Lady-day in Lent. 
 The same bell to be rung in the church of All Saints, whichever bell you shall 
 think best to appoint, so that he be rung one qtiarter of an hour; and the 
 ringer thereof to be paid out of the stock of Widemarsh money, at your 
 discretions." 
 
 The present inhabitants would probably not desire their rest disturbed so 
 early on dark winter mornings ; but the petitioners' request was granted, and 
 orders given that the bell should be rung as formerly, from four o'clock in the 
 morning, for the space of half an hour. From the neighbouring spire of St. 
 Peter, a bell was sounded every night from eight until nine o'clock. The small 
 amount of salary paid the ringer caused that official much dissatisfaction, and, in 
 1578, he, as customary, presented his grievance to the mayor : — 
 
 " Most humbly unto your worships. — Your orator, "Walter Bodenham, of the 
 city of Hereford, now presents. That tliere hathe been an owld order within 
 1 Duncombe's History of Herefordshire^ p. 249. 
 
CHAP, vii.] ANCIENT CUSTOMS OF HEREFORD. 131 
 
 the citie, that a bell, called the common bell, hathe rong in St. Peter's from the 
 feste of All Seynts until the feste of the Annunciation of the Blessed Virgin 
 Mary, beginning at the hour of eight until the hour of nine at night. Whiche 
 bell hathe been always ronge by the clerk of St. Peter's, which your orator now 
 is, and is payd yerely the sum of xj. viiij., in manner and forme following. That 
 is to say, ijs. of Mr. Mayor and iiijs. viij. of the chamberlains of the citie and vs. 
 out of the Widemarsh money, which is very small wagis for doing thereof. 
 When this was granted everything was more plenty and better cheape than now 
 it is, as to your worships is very well knowen. It standeth to your orator for 
 the ringing of the said bell, three half pence every night, besides his charges in 
 buying every year a rope, and other reparations of the said bell, which standeth 
 your orator much more than he receiveth. May it please your worships, of 
 your goodness, to augment your orator's wagis more towards his charges and 
 paynes, as your worships shall think convenient, and he will pray continually 
 for the prosperous estate of you, and the good government of this ancient citie." 
 
 Although the request appears reasonable, the bellringer was unsuccessful in 
 his appeal. Five years later, however, the same name again occurs, Walter 
 Bodenham being associated with another citizen in the sale of two bells to a 
 gentleman at Michaelchurch. 
 
 " This bill witnesseth that we, James Aparry of MychoUchurch Estley in 
 the county of Hereford, gent, and William Poole of the same, yeoman, do owe 
 unto John Baker of the city of Hereford, bell founder, and Walter Bodenham of 
 the citie, the sum of ten pounds. To be paid unto the said Walter upon the 
 feast of the Annunciation next ensuing the date hereof. Two bells which the 
 said John did now lately cast to be delivered within the space of seven days 
 next after the said feast. To which payment on the delivery of the said bells, 
 we, the said James and William, do bind us by these presents." 
 
 Amongst the most ancient trades stands that of brewers. On account of 
 its being considered an inferior pursuit, women in former times generally carried 
 on the business. When she had finished brewing, the brewer, or more properly 
 the breweress, submitted it to the ale testers for their approval, and any persons 
 who avoided this inspection or broke the assize were liable to severe punishment. 
 It was ordained that brewers of the city (temp. Elizabeth) " shall make good ale 
 and beare, and that they sell the tester of ale and beare for twopence, until the 
 further mind of the Council be known. And that any brewer that retails ale or 
 beare in their houses, do fylle the pints of ale or beare for a peny, as well within 
 
132 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 the door as without. And all brewers within the city shall retail the ale and 
 beare by potted quart and pint sealed measures. And no brewers shall set any 
 hoppes or ashes in their ales, upon pain of xxs. for every default. All retailers 
 of methegelyn to sell a gallon of good niethegelyn for sixteen pence, every quart 
 fourpence, and no dearer, upon pain of six shillings and eightpence." 
 
 A great prejudice existed against hops for many years after the first intro- 
 duction of this plant from the Netherlands, whence it was imported into England 
 in 1524. The physicians even declared hops dangerous to the public health. 
 So far did they carry this notion, that a few years after its first arrival into this 
 country the doctors petitioned Parliament to forbid brewers putting the injurious 
 ingredient into their ale. The brewers seem to have sold methegelyn at a much 
 higher rate than ale and beer. This beverage, composed of honey, herbs, and 
 spice, was a fermented liquor similar to mead. It was a drink more especially 
 favoured by the Welsh, and commonly made in the Principality. 
 
 None but freemen were permitted to keep any ale house, or " tippling 
 tavern", as such were named in the quaint language of that day ; and no inn- 
 keeper, hosteller, or victualler could sell beer, ale, or victuals witlim the city 
 during the time of Divine service, to any person except travellers, upon pain of 
 disfranchisement. In the reign of Edward VI a statute was passed appointing 
 the number of taverns to be licensed by Government for the sale of wine in the 
 different cities and market towns of the kingdom. Amongst these, Hereford was 
 granted three wine taverns, Gloucester four, Worcester three, and Bristol six. 
 The same Act prohibited the sale, except at certain prices, of Gascoigne, Guyon, 
 Eochelle, and other French wines. An instance is recorded of a citizen getting 
 into trouble by disobeying this law in 1555, when "A bill was exhibited unto 
 the mayor John Kerry and the three inquests against one William HUl of the 
 city of Hereford, vintner, the tenor of which bill hereafter appeareth : — 
 
 " Pleaseth it your masterships to understand, that whereas one William Hill 
 of the city of Hereford, vintner, at the last general sessions of the peace held 
 before the mayor of the city, was indicted by verdict of fifteen men for selling 
 and putting for sale certain kinds of wine, contrary to the form of the statute 
 therefore made and provided. By virtue whereof, master mayor, the last day of 
 April last past, did commit the said William HiU, being a freeman, unto the 
 Booth-haU, there to remain during master mayor's pleasure. Wliereupon William 
 Hill, being in the said ward, did obstinately and wittingly depart without any 
 license of the mayor, and doth yet refrain from the said ward, contrary to the 
 
CHAP. VII.] ANCIENT CUSTOMS OF HEREFORD. 133 
 
 ancient customs and liberties of the city. Accordingly it was agreed by the 
 mayor and the three inquests, that William Hill should be disenfranchised, and 
 thenceforth accounted a foreigner, and no freeman or free merchant." 
 
 Vintners, it appears by the mayor's account rolls, had to pay a larger sum 
 for their freedom than the generality of tradesmen ; therefore the penalty im- 
 posed upon John Hill was severe. 
 
 The limitation of the number of taverns by the statute above referred to 
 caused great loss and distress amongst those engaged in the wine trade. In 
 1558 John Kerry, citizen of Hereford, and Johanne his wife, having received an 
 order to close their tavern, presented a petition to Queen Mary for a renewal 
 of their licence, and received the following permission : — 
 
 "Mary, by the grace of God, Queen of England, France, and Ireland, 
 defender of the faith, to all men to whom these presents shall come, greeting. 
 
 " Whereas, by an Act of Parliament made in the Parliament held at West- 
 minster the first day of March in the seventh year of the reign of our most 
 dearest brother King Edward VI, it was amongst other things ordained and 
 provided that no person whatsoever within this realm of England and Wales, 
 after the feast of St. Michael the Archangel then next following, should keep 
 any tavern, nor sell nor utter by retail any kind of wine, to be drunk or spent 
 in his or their mansion-house or other place in their occupation, by any colour 
 or means, in any city, borough, or town, but only such persons as should be 
 thereto named, appointed, and assigned, according to the form and effect of the 
 said act, upon pain of such forfeitures and penalties as in the same act is 
 expressed and contained : Nevertheless, as my loving subjects John Kerry, citizen 
 and burgess of Hereford, and Johanne his wife, have made their humble suit and 
 petition unto us, that it might please us to license and permit them to occupy a 
 tavern, and sell wines by retail, as they used to do before making of the said 
 statute, for that they should be otherwise compelled to put away their appren- 
 tices, journeymen, and other their servants, and to break up their household, to 
 their utter undoing, having fifteen children, and none other trade or living but 
 only by retailing of wines, wherein they had been brought up the most part of 
 their lifetime. 
 
 " We, therefore, minding that our said subjects should be relieved in these 
 particulars, are pleased by these presents, of our special grace to give license and 
 liberty, and do grant for us, our heirs, and successors, to John Kerry and 
 Johanne his wife, that they during their lives, and the longest liver of either of 
 
134 ANCIENT CUSTOMS OF HEREFORD. [chap. vii. 
 
 them, shall and may keep a tavern, and sell by retail any kind of wine, to be 
 drunk or spent in their mansion-house, or other place in their occupation, within 
 the citie of Hereford, in such manner as they might have done before the making 
 of the said statute, without any loss, pain, forfeiture, imprisonment, or penalty, 
 to be by them sustained for the same. And further, our will and pleasure is 
 that the said John Kerry and Johanne his wife shall in future have and enjoy 
 the full effect, benefit, and advantage of this licence and grant from the first day 
 of May last past, without danger or imprisonment to them for the same. In 
 witness whereof we have caused these our letters to be made patent. 
 
 " Witness ourself at Farnham, the 5th day of July, the fifth year of the 
 reign. Given under the seal. " (Signed) Cotton." 
 
CHAP, viii.] ANCIENT CUSTOMS OF HEREFORD. 135 
 
 CHAPTEE VIII. 
 
 St. Denis' Fair — Welsh Traders — Letter to Chief Steward — His Reply — Sale of Butter — 
 Distraint for Debt — Answer of Walter Carwardine — Distress levied in Cathedral 
 Precincts — Charge brought against Mayor by Bishop's Bailiff — Sumptuary Laws — 
 Mayor and Council to wear their Gowns — Order concerning Dress from Council of 
 the Marches — Statute against Vagabonds — A Mercer's Bill — Freemen not to wear 
 Cognizance — Patron presenting his Scarf — None to wear defensive 
 Weapons — Sanitary measures enforced — Precautions against fire. 
 
 privilege of holding fairs, granted in former times to certain 
 cities and ecclesiastical establishments as a mark of royal favour, 
 appears to have been highly prized. Under the charter of 
 Henry III the citizens of Hereford obtained a right to hold 
 annually a three days' fair, commencing on the feast of St. Denis, when a large 
 amount of business was transacted, the streets were filled with horses and 
 cattle, and traders from distant parts of the country came with their goods 
 for sale. 
 
 Previously to the commencement of the fair, public proclamation was made 
 by the mayor that everyone, whether citizens or strangers, might freely buy and 
 sell within the city upon St. Denis' and the two following days, which custom 
 continued until a recent date. All persons were commanded to keep the peace, 
 and leave their weapons at their inns, hostellers and others being charged to 
 inform their guests of this regulation ; any infringement of the same rendered 
 the transgressors liable to fine, imprisonment, or forfeiture of such weapons. 
 
 Por the further maintenance of order, it was enacted " that the chamberlain 
 shall appoint all bedels of the city to make the standing, that is, the place where 
 stalls were erected, from the house now in the occupation of Eichard Berkeley, 
 downwards towards St. Peter's Church, at the fair called St. Denis' fair, and that 
 no person of the said city do hereafter presume to pitch their standing in any 
 other place than in the street beneath the house of Eichard Berkeley, upon pain 
 of every person offending against this ordinance to forfeit and lose forty shillings. 
 And they shall leave the space of six feet round about the well on either side, 
 upon penalty aforesaid. Provided that Eichard Berkeley's house shall be the 
 
136 ANCIENT CUSTOMS OF HEREFORD. [ohap. viii. 
 
 first standing, and be set and bestowed at the liberty of Eichard Berkeley within 
 the eaves and droppings of his house and pent-house." 
 
 Many old houses were furnished with pent-houses. These were projections 
 on rather a large scale. In London, citizens were reminded that such were to be 
 made at least nine feet in height, " so as to allow people to ride beneath", from 
 which it is evident they extended beyond that portion of the street used as a 
 foot-path. On behalf of landlords it was ordained that, once fastened by iron 
 nails or wooden pegs to the timber framework of the house, pent-houses should 
 be deemed not removable, but fixtures and part of the freehold.^ At one time 
 these broad overhanging roofs were found such convenient places for business, 
 that the bishops of Hereford received a yearly rental for certain pent-houses 
 within their jurisdiction. 
 
 Amongst the visitors to the fair of St. Denis came numbers of Welsh 
 traders, bringing salt butter, flannels, and frieze or woollen cloth. By old 
 custom, they claimed the privilege of selling their wares in the city during fair 
 time, and frequently effected large sales. The local clothiers viewed their pro- 
 ceedings with much jealousy ; and the Welsh, finding scanty welcome, gradually 
 withdrew, and commenced disposing of their goods without the gates. This 
 plan was soon found directly injurious to the town ; and in the hope of arranging 
 matters more satisfactorily, an old and respected citizen, formerly mayor, 
 addressed a letter to the steward, praying his advice and assistance. 
 
 " To the right worshipful John Scudamore, Esq., one of the Queen's Coun- 
 saile in the Marches of Wales, and Steward of the citie of Hereford. 
 
 " After due recommendations. 
 
 " Wliereas I, knowing the customs of late used amongst us, the citizens of 
 the city of Hereford, for the good government of the same, and now lacking, to 
 the manifest infringing of the ancient laudable laws and customs, wliich all 
 freemen be bound to observe, upon pain of being reputed perjured persons, and 
 all inhabitants, upon pain of chastizement and fines, as by the express word of 
 the Boke of Customs of the said citie may appere ; but, at this present, little 
 esteemed of such as should most regard the same. The common council be 
 thereby grieved, and the body of the citizens, being the best occupiers, also 
 offended. 
 
 "For certain light promoters be by Mr. Mayor allowed, by popular 
 accusations, to molest the fryse men and Welsh clothiers of the Marches of 
 
 1 Liber AUms. 
 
CHAP. VIII.] ANCIENT CUSTOMS OF HEREFORD. 137 
 
 Wales, repairing with their fryses and white Welsh cloth to the citie. Whereby 
 it is reported that the occupiers of the citie be driven to give meeting to the 
 fryse men out of the liberties, and there buy their wares, to the hindrance of 
 the citie, and especially of the freemen of the Bothe-hall, who make the best 
 part of their rent of packers coming to the Bothe-hall with such cloth. Though 
 all these enormities have been by dyverse sage persons revealed to Mr. Mayor, 
 he nevertheless, by ignorance, hath neglected to reform the same, to the grief of 
 the good people of the citie. For which abuses, since your goodness beareth 
 here the second office for the true government of the citie, I would wish the 
 same should advise Mr. Mayor to amend such abuses in tyme, lest by such 
 inconveniences we may lightly incur the danger of forfeiture of our liberties. 
 Thus ceasing from more troubling your goodness, I pray God send the same a 
 good Xmas. Wreten at Hereford, 16th day of December 1565. Your goodness 
 to his litell power in his weake years to command, — Thomas Havakd." 
 
 Under the laws of the ancient customs, part of the steward's duty 
 consisted in giving assistance to the mayor when requisite; therefore the 
 writer of the above letter acted in accordance with those regulations in thus 
 addressing the steward, who returned a speedy and courteous reply. 
 
 "Eight Worshipful. — After my most hartie commendations. Having 
 received your gentle letters, whereby I perceive there is some mismanagement in 
 the citie, I am right sorry to hear it. You, being the ancient father of the citie, 
 no doubt you will call for reformation thereof; and I, for my part, according to 
 my bounden duty, shall always be ready to wait on Mr. Mayor, and you, and 
 others the masters of the citie, when it shall please Mr. Mayor and you to 
 command me to give my attendance on you, and endeavour to conduct myself 
 according to my duty, as much as my littel discretion will extend. And thus I 
 commit you to God, who send you a merrie Christmas and many. 
 
 "Wreten at Home Lacy, the present Tuesday, being the 18th day of 
 December 1565, by your own assured, — John Scudamore." 
 
 The Bothe-hall alluded to by Mr. Havard as the resort of the Welsh 
 frysemen served as town or market hall. Tliither, when they arrived in 
 Hereford, traders resorted with their train of pack-horses, to unload and ware- 
 house their goods; and that part of the town was known until recently as 
 Packer's Lane. 
 
 Next in importance to the sales of cloth made by the Welsh at St. Denis' 
 fair, were their sales of butter. From a recognizance entered into, tem;p, 
 
 T 
 
138 ANCIENT OUSTOMS OF HEREFORD. [chap. viii. 
 
 Elizabeth, between a Welsh farmer and one of the citizens, it seems to have 
 been necessary to keep the stranger selling butter close to his bargain, for he 
 was obliged to find a fellow countryman resident in the city to become surety 
 for due performance of the contract. The price is not stated, but as great 
 numbers of salt-butter tubs were formerly made by coopers in Hereford, and 
 the purchaser followed that trade, probably an agreement had been entered into 
 between the parties. 
 
 " Be it knowen unto all men that we, David ap John, in the county of 
 Radnor, husbandman, and Morgan ap Eice, of the city of Hereford, joiner, 
 acknowledge to owe unto William Harper, of the citie of Hereford, cooper, five 
 stone and seven bouches of good, clene, well salted, and well barrelled butter. 
 Every bouche to be a full and lawful quarter, to be delivered to the said William 
 Harper at his dwelling house." 
 
 On the eve of the fair of St. Denis, 1520, a right exercised by the city 
 officers of distraining for debt within the Cathedral precincts, always strenuously 
 denied and opposed by the ecclesiastical authorities, caused a dispute between 
 the contending parties that terminated more pleasantly than usual. 
 
 " At two of the clock in the afternoon on the eve of the feast of St. Dennis, 
 at the time of the fair, one William Hill, sergeant of the king's mace witliin 
 the city of Hereford, distrained a carpet and pewter pot, within the vicarage of 
 St. John's in the canons' fee, for certain indictments. Which distress the 
 sergeant brought with him till he came before the skalernds, at the Broad 
 Cabach Lane, within the churchyard of St. Ethelbert. 
 
 "And there came Nicholas Walwyn, one of the residentiaries of the 
 Cathedral Church of Hereford, and pulled the sergeant by the head, and would 
 have taken the distress from him. Notwithstanding, the sergeant brought the 
 distress to Richard Phillips, then Mayor of the city, and showed him how that 
 he was dealed with. Whereupon the mayor, his brethren, and the whole 
 commonalty, were sore grieved. 
 
 "Thereupon Mr. William Webb, Archdeacon of Hereford, Mr. Henry 
 Martin, Archdeacon of Salop, with nine of their chapter, John Brayton, their 
 steward, and others, went to the mayor and desired the matter at variance might 
 be had in examination. 
 
 " To whose request and desire the mayor and his brethren agreed, and by 
 assent of both parties they were contented to abide the award, rule and 
 judgment of Mr. William Webb, Mr. Martin, and Mr. Hugh Green, arbitrators 
 
CHAP. VIII.] • ANCIENT CUSTOMS OF HEREFORD. 139 
 
 on the part of the chapter ; Richard Brown, Thomas Gebons, two of the mayor's 
 brethren, and Eichard Warnecombe, town clerk of the city, arbitrators on the 
 part of the mayor, his brethren, and commonalty. Which arbitrators at eight of 
 the clock before noon on the feast of St. Luke the Evangelist, the year aforesaid, 
 appeared in the chapter house of the Cathedral church of Hereford, and then 
 and there had the matter at variance in consideration. 
 
 " Whereupon, for unity and peace to be had and continue between church and 
 city, and for a precedent in time coming, it was ordered that Nicholas Walwyn 
 be content and pay the said sergeant six shillings and eight pence, and that the 
 sergeant should desire Nicholas Walwyn to be a good master to him. And also 
 that the mayor and Nicolas Walwyn, with one Mr. Brayne, another of the 
 residentiaries who, as the mayor was informed, did provoke the said Walwyn 
 to take the distress from the sergeant, should appear in the Cathedral church at 
 two of the clock in the afternoon on the feast of St. Luke, there to meet and take 
 each other by the hands, and for a sign and token of love between the church 
 and city, should go from thence to one William ap Thomas, Goldsmith's Tavern, 
 At which hour they appeared in the said church, and there Nicholas Walwyn 
 paid six shillings and eight pence, of which sum, for further amity and love, the 
 mayor willed the sergeant to omit five shillings ; at whose desire he was content. 
 " Thereupon as lovers and friends they went arm in arm to the tavern, and 
 the canons of the chapter there gave in wine to the mayor and others to the 
 value of twenty pence. And the mayor delivered the distress to one Ann 
 Gough, and took no more for fine thereof but twopence for a quart of wine." 
 
 Thus these parties amicably settled their differences according to good old 
 English custom. The question at issue, however, left undecided, frequently 
 recurs in the civic annals, and as late as the commencement of the present 
 century was again renewed. 
 
 From a case drawn up for the Court of King's Bench in 1805, it appears 
 that one of the vicars choral contracted amongst other debts a saddler's bill for 
 sundry items had for his hunter. Unable to obtain payment, the saddler resorted 
 to legal measures, and applied to the mayor's court for a cajnas, that the horse 
 and his trappings might be detained for debt. One of the sergeants-at-mace 
 despatched on the business, seized the horse with saddle and bridle in the college 
 stables, and as the debtor did not come to terms the horse was sold at the next 
 fair. 
 
 In defence of the sergeant the citizens produced their charter, showing the 
 
140 ANCIENT CUSTOMS OF HEREFORD. ■ [chap. viii. 
 
 college locally situated witliin the city walls, and contended that the rights of 
 bishop, dean, and chapter, extended no further than holding a court leet and 
 court baron within the bishop's palace, also the privilege of tolls from St. 
 Ethelbert's fair. To support this case, it was further urged, that in 1703, when 
 the vicars of the college opposed the sergeants levying a tax for the reparation 
 of Wye Bridge, it was ordered they should be prosecuted at the public charge, 
 and also one Mr. Alderson, " wlw heat the sergeant in the churchyard". 
 
 Further, it was stated that after the fall of the west end of the Cathedral in 
 1786, some workmen employed to take down an arch left in an unsafe condition, 
 lost their lives from a portion of the stonework falling on the scaffold where the 
 men stood, bringing it with them to the ground. After this accident the coroner 
 held an inquest on the bodies, unquestioned; therefore, it was argued, if he 
 possessed a right of jurisdiction within the Cathedral precincts, the other city 
 officers had it likewise. Sometimes the circumstances were reversed, and the 
 church authorities considered themselves the aggrieved parties. A charge 
 preferred against the mayor by the bishop's bailiff for depriving the latter of 
 certain privileges claimed by him within the city, temp. Elizabeth, during St. 
 Ethelbert's fair, is worthy of notice, as it details several usages of the fair not 
 heretofore narrated. 
 
 " The answer of Walter Carwardine, late mayor of the city of Hereford, to 
 the bill of complaint of Thomas Henbacke, bishop's bailiff within the city. 
 
 " The defendant saith that the bill is uncertain and insufficient in law to be 
 answered, the most part thereof untrue and slanderously devised and contrived 
 by the plaintiff, being a busy man, and his adherents, to put the defendant to 
 slander, unjust vexation, and expense; and particularly to stir discord, strife, 
 and variance between the bishop of Hereford and the mayor and citizens, which 
 in truth the mayor and citizens at no time meant to do, neither have done 
 anything in derogation or prejudice of the liberties of the bishop within the 
 city. 
 
 " And for the declaration of the truth to this honourable court defendant 
 saith, that the bailiff of the bishop's fee, time out of mind of man, by 
 permission and sufferance of the mayor and citizens, proceeding from the zeal 
 which they have always borne and yet do bear to their mother church of 
 Hereford and to the holy king and martyr St. Ethelbert, used to have a fair 
 within the bishop's fee of the city, there yearly to continue for the space of 
 nine days ; the first day thereof to begin upon St. Ethelbert's eve at nine of the 
 
CHAP. VIII. J ANCIENT CUSTOMS OF HEREFORD. 141 
 
 clock before noon on that day, counting it for one of the nine days, and so to 
 continue for eight days following." 
 
 The defendant admitted the bishop's right to hold a court in his palace for 
 the settlement of all actions, disputes, and differences arising during the fair, 
 and that all fines for trespass or affrays then committed, and two parts of the 
 tolls paid by strangers resorting at that time to the city, were due to the bishop, 
 but declared that the remaining third, with all fines for bloodshed, belonged to 
 the mayor, and should be paid to him for the benefit of the city ; and that the 
 mayors from time immemorial, every year at the end of the fair, had been 
 accustomed after court time personally, or by their officers, to make a proclama- 
 tion at the bishop's palace gate, commanding his bailiff to cease holding the fair, 
 and to send any complaints remaining unsettled to the city courts on the morrow, 
 when all apprehended felons were delivered over to the mayor. Also that 
 according to these customs, the bishop's bailiff had on this occasion peaceably 
 enjoyed the fair, with all its privileges, advantages, perquisites, and profits, as 
 amply and largely as any of his predecessors, without interruption or hindrance 
 from the mayor or any of his officers. 
 
 That on the 27th day of May, the last day of the fair in question, the 
 mayor, by the advice of his brethren who had held office before him, went 
 about the hour of seven in the afternoon, and caused a proclamation to be made 
 at the bishop's palace gate, commanding his bailiff to cease holding the fair, and 
 that all unsettled causes should be returned to the city court, according to 
 ancient custom. 
 
 The defendant denied the charge that he ordered the fair to be brought to 
 a conclusion two days before the usual time, and also asserted that he did not 
 cause the bishop's bailiff any damage or injury, as that officer untruly surmised. 
 As for disfranchisement of the bailiff, the defendant stated it was on account of 
 the numerous contempts and offences committed by him against the city laws 
 and customs that the mayor and his brethren, to the number of thirty-one, 
 caused him to be disfranchised. 
 
 There is a prevalent impression that acts of parliament are wearisome, 
 dry, and uninteresting, and, to a certain extent, this might be correct ; never- 
 theless, antiquaries and others engaged in historical researches will discover in 
 some of the earlier statutes many curious details relating to the social life of 
 our forefathers not to be found elsewhere. Amongst these, the sumptuary laws 
 enacted at various periods throw considerable light upon tlie manners and 
 
142 ANCIENT CUSTOMS OF HEREFORD. [chap. viii. 
 
 customs of their age, regulating, as they did with minute precision, the articles 
 of dress allowed to different classes, and clearly defining the rank and position 
 of the wearer. 
 
 By a statute of Henry IV, the wives of esquires were prohibited the use of 
 furs of ermine, lettice, and pure or grey minivers, unless noble by birth, or their 
 husbands mayors of free towns or cities. The richer sorts of furs were forbidden, 
 temp. Edward IV, to all persons not in the enjoyment of forty pounds per 
 annum, and later in the same reign, it was enacted that the mayors and bailiffs 
 of all cities, towns, boroughs, cinque ports, and barons of the same, should wear 
 apparel of a similar description to that of esquires or gentlemen, whose income 
 amounted to the sum previously mentioned. 
 
 The costume to be worn by the mayor, council, and freemen of Hereford 
 upon public occasions appears to have been considered a matter of some import- 
 ance, as several entries on the subject occur. At a law day held in 1514 before 
 the mayor, steward, the mayor's brethren, and the three inquests, it was ordered 
 that "every person of the number called the election, that have not been mayors 
 of the city, shall provide to have a longe gowne of colour murrey, of a competent 
 price, so they that now or shall be of the same election, betwene this and the 
 feste of All Seynts next coming, be redy to attend upon their mayor in general 
 procession upon Palme Sunday then next ensuing, in that levery, upon payne of 
 every person failing, to be discharged of their room of the election, and another 
 able person to be elected in his place at the day accustomed. Also they shall 
 be redy at all tymes in the said levery to wayt upon the mayor, so that they 
 have reasonable warning by the sergeants so for to do, upon like payne." 
 
 Some years later an ordinance was passed " that the mayor of the city, and 
 all that hath been mayors, wear their scarlet gownes, and the election their 
 murrey gownes, on the festes following, that is, the feste of the Circumcision of 
 our Lord, the Epiphany, Palme Sunday, Easter day, the Ascension of our Lord, 
 Pentecost, Corpus Christi, the day of the dedication of their church, the two 
 Seynt Thomas's days yerely next after the feste of Seynt Michael, the feste of 
 All Seynts, and the Natyvyte of our Lord. Also the mayor and his brethren 
 to use and wear their tippets every Sunday and other festyval dayes that 
 they go in procession to the cathedral church, upon payne of the mayor for the 
 tyme being two shillings, every of his brothers twelve pennies, and the election 
 sixpence." By another order issued during the reign of Elizabeth, the council 
 and others were commanded " at such tymes as they shall accompany the mayor 
 
CHAP. VIII.] ANCIENT CUSTOMS OF HEREFORD. 143 
 
 to receive tlie justices of assize into the city, to wear their tippets ahout their 
 necks, upon pain of former ordinances." 
 
 The "tippet" in the middle ages vi^as an important article of dress. Worthy- 
 old Stowe, in his Survey of London, says : " Hoods were worn, the roundlets 
 upon their heads, the skirts to hang behind in their necks to keep them warm, 
 the tippet to lie on the shoulder or to wind about their necks." The tail-like 
 appendage attached to the hood, called "the liripipe" or "tippet", varied in 
 length and breadth. One of its purposes appears to have been to indicate the 
 rank of the wearer '} the gentry were required to wear them a yard long and an 
 inch broad, while persons of lower rank were ordered to " have no manner of 
 tippets found about them". 
 
 The sumptuary laws of England were for many years very severe, and 
 excess in apparel repeatedly became the subject of royal ordinances ; but without 
 much effect, for in the sixteenth century the extravagance in dress was 
 unparalleled. Upon this subject and certain others the mayor received in 1573 
 a characteristic mandate from Queen Elizabeth, sent through Her Majesty's 
 council of the Marches of Wales. 
 
 "To our right well beloved, the mayor of our citie of Hereford. Eight well 
 beloved we greet you well. 
 
 "Whereas, for dyuerse grete and weightie considerations tending to the 
 weale of this our realme, we have, by the advice of our counsaill, thought 
 necessary to proceed in some degree to the reformation of unseasonable excess of 
 apparel, which having of late years daily increased, is now in the end growne to 
 such extreme dysorder as in no wise is any longer to be suffered. For which 
 purpose we have presently caused a proclamation to be set forthe, as by the same 
 more at length may appear. For the better execution whereof the justices of 
 the peace for every shire that were at London were called before the Lords of our 
 Privy Council in the Starred Chamber, and charged by our commandment in our 
 name to see to the substantial and severe execution, not only of the said procla- 
 mation, but also of certain other statutes necessary for the weal, quiet, and good 
 order of this realme. That is to say, the statute against vagabonds, against 
 spreders of sclanderous rumours, and engrossers of grain, and decayers of tillage. 
 And our council in the Marches, considering the charge which they have by our 
 commission over our people within our citie of Hereford comytted to their rule, 
 have thought meet to cause the same to be put in due execution. 
 1 See British Archmological Journal., October, 1849. 
 
144 ANCIENT CUSTOMS OF HEREFORD. [chap. viii. 
 
 " Forasmuch as ye, and other our officers, are charged for the setting forthe 
 and accomplishment of this service within your lymitts and authority, by us 
 earnestly meant to have inviolably kept with all severity, our counsaill in the 
 Marches mistrust not but that you will not be unmindful or negligent therein. 
 We therefore will and require you, not only to have yourself especial care to see 
 to the due observance of this our order and commandment in your own families, 
 and such places and persons whereof ye have special and particular charge, but 
 also at sessions and other assemblies. Eftesones requiring you not only ta 
 consider your duty herein, whereby the default be not imputed either to your 
 partial doings or negligence, but also of your doings herein, to certify to our 
 counsaile, before the last day of March next coming, to the entente the same our 
 counsaile may make relation thereof to our Privy Counsaile. And that ye fail 
 not herein upon pam of £100, as ye to the contrary will answer at your 
 utmost peril. 
 
 "Given under our signet, at our castell of Ludlowe, the laste day of 
 February, the eighth year of our reigne." 
 
 At the time now under consideration a great test as to fashion in gentle- 
 men's dress was the style and make of their garters. Worn externally, below 
 the knee, these ornamental appendages were handsomely trimmed with deep 
 fringes of gold and silver. The form and texture of stockings also underwent 
 great alteration, being now knitted or woven, instead as formerly made of silk, 
 cloth, or other materials. A mercer's bill for stockings, garters, and trimmings, 
 is yet preserved in the city archives, from the fact that the purchaser, Thomas 
 NichoUs of Pencombe, entered into a bond before the mayor, that he would truly 
 pay the amount upon a certain specified day. 
 
 "Item. Bombast - - _ - 
 
 Item. Blacke thredde - - - -> 
 
 Item. 1 paier of silke garteres - - - 
 
 Item. 1 paier of blew stockinges 
 Item. 1 doz. of lether poynte - 
 Item, iii yards of English ribond 
 Item. 1 yard sylver frindge - - - 
 
 Item. 1 boton for the scarfe - - _ 
 
 Item. For sowinge on the sylver frindge 
 An old bye-law enacted that freemen of Hereford should not wear the 
 badge, livery, or cognizance of any lord resident without the walls, nor go 
 
 
 d. 
 
 - 
 
 vj 
 
 - 
 
 ij 
 
 ij 
 
 vi 
 
 iij 
 
 vi 
 
 - 
 
 iij 
 
 iij 
 
 vi 
 
 V 
 
 
 
 xviij 
 
 - 
 
 viij' 
 
CHAP. VIII.] ANCIENT CUSTOMS OF HEREFORD. 145 
 
 abroad in any street or public place on market days, or to church upon Sundays 
 and holidays, or to the court, without " having their honest and decent gownes 
 upon them, upon payne of forfeiting twelve pence." 
 
 This law was frequently re-enacted and enforced, it being desirable easily 
 to recognise those who claimed their freedom. The prohibition that they should 
 not enter the service of strange lords also became important at a time when 
 nobles and ecclesiastics of rank often engaged, in addition to their own retainers, 
 adventurers who agreed to wear the colours of their patron, and were known by 
 his cognizance. For it was supposed that freemen entering such service might 
 be tempted to disclose the secrets of the city, which they had sworn to defend 
 and maintain. 
 
 The custom of wearing the badge of a patron was not only confined to 
 laymen, for men of rank frequently had one or more ecclesiastics attached to 
 their establishment, who wore the liveryhoods of their lords, of like material 
 and colours, though differing somewhat in form, to those of lay servants. A 
 patron, on presenting his scarf to a clergyman, and thus constituting him his 
 chaplain, appears to have taken him under his especial protection. A chaplain 
 in the employ of a gentleman then resident in Hereford, engaged in public 
 business, had been for some reason detained by the civic authorities, who 
 received a letter demanding his immediate release. 
 
 "To the right worshipful the mayor and his brethren of the city of 
 Hereford. After our hartie commendations. 
 
 "Whereas one Sir Thomas Fawken, clerk, servant to me Sir George 
 Cornwall, coming to me to this town, is arrested by some of your sergeants. 
 Forasmuch that it is mete that our servant should have free egress and regress 
 to us during the execution of our commission, and for that the said Sir Thomas 
 was sent for by me at this tyme. These shall be to will and command you, by 
 virtue of the said commission, to discharge the said Sir Thomas of the said 
 arresting, and to set him at his liberty, so that he may do us such service as 
 shall appertain. 
 
 " Thus heartily fare ye well. Wreten at Hereford 26th May, 1553. Your 
 assured servants : Jo. Peice, Geo. Cornwall, Thos. Dansey." 
 
 A few years later it was ordained that for the better preservation of the 
 public peace no persons should carry or wear defensive weapons in the streets of 
 the city, " but shall leave such at their inns, and not bear the same about with 
 them during their abode in the city, upon pain of imprisonment and forfeiting 
 
 u 
 
146 ANCIENT CUSTOMS OF HEREFORD. [chap. viii. 
 
 such weapons. Saving that it shall be lawful to every knight and esquire of 
 worship to have a sword, tome after him." The citizens were forbidden to go 
 abroad in the streets after nine o'clock at night, unless they carried a light, and 
 bore good name and fame. Those who had held office as mayor, members of the 
 common coimcU, innkeepers, vintners, tallow chandlers, and candle sellers, 
 residing within the city, received orders to maintain every night, " except the 
 night the moon doth sliine", a lantern with candle light at their doors. The 
 candles to be lighted every night at six o'clock, to continue until eight ; citizens 
 disobeying this order were amerced to the amount of fourpence. "For one 
 pound of good light, according to the Queen's standard weight of sixteen ounces 
 to the pound", tallow chandlers could only charge threepence, and neither they 
 nor any other person were permitted to buy up tallow for the purpose of 
 resale. 
 
 The necessity of enforcing strict sanitary measures early attracted the 
 attention of the civic authorities, for, owing to the narrow confined thoroughfares, 
 and the manner in which houses were closely crowded together within the 
 walls, great attention to cleanliness could alone prevent the inhabitants from 
 falling victims to constant epidemics. Therefore it was enacted {temp. Henry 
 VIII) that the streets should be swept every Saturday and holiday eve, and that 
 the bellman or bedel should sweep and carry away weekly all dirt, dust, hay, 
 and straw from Broad Street and the High Causeway. No water or other refuse 
 was allowed to be thrown from windows ; parcels of ground being allotted to 
 each ward for miskins, wherein the inhabitants or their servants were required 
 to deposit all rubbish, under penalty of forfeiting three shillings and fourpence. 
 The same rules applied to the lanes and suburbs. 
 
 In addition to these precautions, orders were issued that " No person, of 
 whatever estate or degree, residing within the walls, shall at any time keep any 
 manner of swine or ducks to go abroad at large within the walls, under a penalty 
 of paying three shillings and fourpence for such swine, and also to forfeit the 
 same to the mayor and chamberlain, to be killed and given by them to the poor 
 of the city. The fine to be levied on the goods and chattels of them that shall 
 happen to keep such swine, half thereof to go to the mayor, the other part to the 
 use of the citizens, to be received by the chamberlain without remission or 
 redemption. 
 
 " And whereas the said city, being an ancient city, hath of late incurred 
 great sclander by suffering swine to go abroad within the said walls, which may 
 
CHAP. VIII.] ANCIENT CUSTOMS OF HEREFORD. 147 
 
 be a cause of infection in the same, contrary to the proclamation of the mayor 
 and in contempt thereof. It is further ordered that no citizen or inhabitant, 
 before and after the feast of All Saints next coming, shall suffer any of their 
 swine, yoked or unyoked, to go abroad in any street, upon pain of forfeiting for 
 every such swine so going abroad fifteenpence, tenpence thereof to be levied for 
 the use of the mayor, and fivepence for tlie bedel or bellman for the impounding 
 of such swine. 
 
 " It is also ordered that if the bedel or bellman be negligent in impounding 
 such swine, he shall lose for every time he is found culpable fourpence, and be 
 committed to ward, and there remain until he hath paid the fine, or give up his 
 office. And that this order be within two days proclaimed in every street within 
 the walls of the city by the town clerk or his deputy and the bellman, to the 
 intent that offenders shall not excuse themselves on the plea of ignorance. If 
 the town clerk omit so to do he shall forfeit twelvepence." 
 
 This law was in force as late as 1702, and in that year caused one of the 
 numerous dissensions between the cathedral dignitaries and the citizens. , A hog 
 found wandering about the streets was seized and impounded under the direction 
 of Mr. Carvvardine, mayor of the city, but the bishop (Dr. Humphreys) laid 
 claim to the animal as seized within his jurisdiction, and by way of reprisal 
 connived at a deodand then impounded in the palace pound being secretly 
 carried off into Wales by night. The citizens protested against this proceeding, 
 as the mayor had by charter a right to all waifs and deodands within the 
 liberties of the city, and the deodand detained by the bishop is said to have been 
 of far greater value than the hog impounded by the mayor ; but the manner in 
 which the dispute was finally arranged is not related. In pursuance of an early 
 bye-law, citizens were compelled, under a fine of six shillings and eightpence, to 
 impound in the king's pound before the castle gate, all cattle taken up either for 
 straying upon their lands or distrained for rent. 
 
 As the population and number of houses increased, the authorities found it 
 necessary to adopt and enforce additional precautions against fires, for great loss 
 of property was sustained when such broke out amongst the old timber houses, 
 and in all parts of the town pumps and wells were maintained at the public 
 expense.^ 
 
 ^ When the old town-hall was taken down a few years since, the workmen uncovered an 
 ancient well of large dimensions, built with stone of superior quality and workmanship. The 
 hall, supposed to have been erected under the direction of John Abel in the beginning of the 
 
148 ANCIENT CUSTOMS OF HEREFORD. [chap. viii. 
 
 A bye-law (temp. Queen Elizabeth) decreed that " the mayor and every one 
 of the aldermen his brethren should have in his house three buckets a-piece of 
 leather; every one of the election two such buckets; and every other inhabitant, 
 as well widows as others, being assessed in three pounds or above, one like 
 bucket at the least, according to the discretion of the mayor. That every 
 freeman should provide himself with a like bucket within one year after he was 
 sworn and practised his craft ; and that every ward within the city should 
 provide a ladder of thirty or twenty-four rounds at the least, to be in readiness 
 in time of adventure of terrible fyres that happen at any time within the city, to 
 to be occupied for the pacyfying of all fyres, upon pain of persons in that behofe 
 defective forfeiting twenty shillings." 
 
 About this time an application for assistance was made to the citizens of 
 Hereford from the inhabitants of a town in Cheshire wliich had been nearly 
 destroyed by fire ; and a receipt is still extant given to the mayor for the money 
 collected towards the relief of the sufferers, accompanied by the following state- 
 ment. " That the sum of fifty-eight shillings and fourpence hath been gathered 
 from amongst the well disposed inhabitants of this city towards repairing the 
 town in Cheshire aforesaid. And with these their charitable devoirs and 
 benevolence the citizens of Hereford acknowledge they have cause to praise the 
 Almighty for his long and gracious preservation of the said city and people." 
 
 seventeenth century, was originally a handsome specimen of timber architecture constructed 
 upon massive wooden pillars, and contained a series of chambers for the use of the different 
 guilds in the city. The arms of each company, with mottoes or appropriate verses from 
 Scripture, were placed over the doors of their respective rooms ; for instance, the tanners had 
 the text, " Send therefore to Joppa," etc. ; the glovers, " They wandered about in sheepskins 
 and goatskins;" the butchers, "Omnia subjecti sub pedibus oves et boves." This building 
 was formerly called the shire-hall, and here the judges held their courts of assize, and county 
 as well as city business was transacted. 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 149 
 
 CHAPTER IX. 
 
 Court of the Council of the Marches — Proclamation by Henry VIII — Geve-ales — Letters 
 from the Council respecting detention of Wain and Oxen — Thomas Baskerville, Esq. — 
 Hereford Citizen creating tumult in Shropshire — Letter respecting Musters — Enclosure 
 of Common Lands — Muster of Horse — Right of Pasturage on Widemarch Common — 
 Queen Mary — Her Marriage — Queen Mary's Letter — Watch and Ward — Letter from 
 mine Host of the Swan — Punishment inflicted by the Council of the Marches — Council 
 hold Court at Hereford — Builth has Hereford Customs — Letters of Commission for 
 Musters — Letter from George Lodge respecting Weapons — Hostelers under Supervision 
 — A Soldier's Pass — Epidemics — Letter from the Bishops of Hereford and Lichfield — 
 Letter from the Mayor of Gloucester — Petition for Situation of Bedel — Lord's Com- 
 missioners Order, precautions — Travellers under Examination — Letter from Sir Thomas 
 Baskerville — Respecting Fortifications on the Coast — State Lottery — Intercepted Letter — 
 Horse seized for use of Council — Letter to the Mayor — Manifesto from Queen Elizabeth. 
 
 N addition, and superior to the courts having local jurisdiction in 
 Hereford, the king's or prince's council in the Marches of 
 Wales stood pre-eminent, taking the place of the ancient lords 
 marchers, who, in consequence of their misrule and arbitrary 
 measures, were finally abolished by Henry VIII, when the 
 powers of the council of the Marches, originally constituted by 
 Henry VII in 1502, received confirmation. It was then ordained 
 " that there shall be and remain a president and council in the 
 Principality and Marches, with officers, clerks, and incidents to the same, in 
 manner and form as hath been heretofore used and accustomed, which president 
 and council shall have power and authority to hear and determine by their 
 wisdoms and discretions such causes as shall be hereafter assigned them by the 
 king's majesty." 
 
 The earliest record in the Hereford archives relating to this council bears 
 date 1504, when Ann Hebe entered into a recognizance to appear before the 
 prince's right honourable council, upon six days' warning given, and that she 
 would not depart until such time as she had license from the council. 
 
 But these officials, like their predecessors the lords marchers, speedily 
 misused the important powers wherewith their sovereign had intrusted them, and 
 
150 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 in 1534 it was found requisite to pass another Act, which recited that 
 " Forasmuch as certain officers of the Lordships Marchers in Wales have exacted 
 of the king's subjects where they had rule, and also committed them to prison 
 for slight causes, and compelled them to pay fines contrary to law, therefore be it 
 enacted, that if any officer of a lord marcher commit any person to prison upon 
 untrue surmise, upon suit made to the king's commissioners by them or their 
 friends, the said Commissioners shall have power to send for such officer and 
 cause him to pay such persons wrongfully imprisoned, according to injury 
 received." The annexed proclamation, sent in the king's name to the mayor of 
 Hereford by the Council of the Marches, exemplifies the working of this Act. 
 
 " By the Kynge. Henry, by the grace of God, kynge of England and France, 
 Defender of the Faith, Lord of Ireland, to the mayor of the citie of Hereford, 
 aldermen, recorder, and all other officers there, and to every of them greeting. 
 
 " Forasmuch as it is creditably informed unto our councillors and commis- 
 sioners in our Marches of "Wales, that by means of gadreing (gathering) of 
 commorth,^ and like other exactions, and for affrays and esture,^ used in those 
 parts, our poor subjects be not only greatly impoverished and endangered, but 
 also in great fear of their lives by means of misruled persons, contrary to our 
 laws and peace, using to wear cotes of defence, and demand sylver of our poor 
 subjects by threatening wordes ; so that for dredde thereof they dare not apply 
 to their business, nor attend their markets, as our true liege people ought to do, 
 which we no wolde should continue but that the same should be redressed with 
 speed. 
 
 " Tlierefore we and our said Council and Commissioners, will and charge 
 you and every of you that from henceforth you make open proclamations at fairs 
 and markets, sessions, courts, and churches, where it shall seem most expedient, 
 that no manner of person shall from henceforth gardre any commorth within our 
 said citie of money, arms, cattle, or other unlaw^ful collections, nor assemble nor 
 gardre any other subject to any love-ales, or byd-dew-ales, nor suffer any person 
 to wear cotes of defence, nor other harness contrary to our statutes in such case 
 provided. And in case any manner of persons so do after this proclamation 
 made, then to commit him or them so offending to sure warde, unto such tyme 
 that upon relation thereof made to our said commissioners it shall be by them 
 further ordered a^ shall appertain, not omitting this to do, as we specially trust you. 
 
 ^ From " Cynimorth", a contribution g8,thered at marriages, or when young priests said 
 or sung their first mass. 2 n Esture", violence, commotion. 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 151 
 
 " Given under our signet at Salop, 20th day of August, in the 26th year of 
 our reign." 
 
 In Wales and the border counties, an ancient custom existed of holding 
 assemblies termed "byd-ales", " love-ales", or " geve-ales". These merry-makings 
 generally took place at weddings or housewamiings, when friends and neighbours 
 were summoned, and to assist the promoter of the festivities gave small 
 pecuniary contributions. But government having reason to suppose such 
 meetings favoured unlawful practices, discouraged and endeavoured to suppress 
 them. It appears, however, from the ensuing letter, that permission to give 
 these entertainments could be occasionally obtained from persons in authority. 
 
 " To my well beloved friend the mayor of Hereford be this delivered. 
 
 " Maister Mayor, — In my moste heartyest manner I commend me unto you 
 and all the aldermen your brethren of the city, praying you with the whole 
 commonaltie there to be good and favorable to thys berer Henry Wenston. So it 
 is he determined to make within the citie a Game or Geve-aill, after the custome 
 of the contrie, by your license. And in that behalf he hath made labour unto 
 me to the entente that I wold wrytt unto you for your good wyll, and the favour 
 of your brethren and citizens to be had. 
 
 " So according to hys suytt made to me as is aforesaid, I do desyre you and 
 all other above named to be favorable and good masters unto hym, as in gyvyng 
 hym leave to kepe the said game or geve-aill, and that it may be asmoche to hys 
 profyt as you may cause. And in thys doynge at my instant and for my sake, 
 I shall be at all tymes as good lord and as friendly to any lover or friend of yours 
 at your request, in that shall ly in me. No more to you at this tyme, but Heven 
 have you in hys keepynge. Wreten at Eychemond, the 8th day of May, by 
 your assured, — W. Devereux." 
 
 The custom referred to in the foregoing proclamation respecting the illegality 
 of detaining horses and cattle belonging to country people, without their consent, 
 was so general, that the mayor of Hereford more than once received a reprimand 
 for thus offending, and a yeoman whose wain and oxen had been unceremoniously 
 seized having applied to the council for redress, an authoritative order was sent 
 commanding restitution. 
 
 " By the kinge. To our trusty and well beloved the mayor of our citie of 
 Hereford. 
 
 " Forasmuch as ye have not delivered to "William Hull, of Lea, his wayn 
 and oxen by you heretofore arrested, according to the tenor of the former order 
 
152 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 taken by our Commissioners in our Marches of Wales, and our other letters to 
 you directed at the suit of the said William Hull, nor appeared before them the 
 fourth day of this present month to show cause where of right ye ought not so 
 to do; but the same order and our letters ye have disobeyed, to our great 
 displeasure. Therefore we well and straightly charge you forthwith, upon sight 
 of these our letters, that ye deliver to the said William Hull his said wayn and 
 oxen, according to the said order, or else that ye appere before our commissioners 
 the 12th day of this month to make answer in that behalf. And that ye fayle 
 not hereof upon payne of forfeiting unto us the sum of £100. 
 
 " Given under our signet with our commissioners aforesaid, at our CasteU 
 of Ludlow, the 6th day of October. And his commissioners in the Marches of 
 Wales." 
 
 The date of the year is omitted, as frequently the case in these precepts ; 
 sometimes the year of the reign is mentioned, in others the date is only 
 ascertained by comparison with the history of the period, or the time at which 
 business connected therewith was transacted at law days. 
 
 The subjects upon which the mayor of Hereford and his colleagues received 
 injunctions from the council are numerous, strict supervision being evidently 
 maintained throughout the district, and the civic authorities held responsible for 
 any disturbance. A commotion that took place in the city towards the middle 
 of this reign, assumed serious proportions and caused some anxiety, for a 
 gentleman of distinguished loyalty and bravery received severe wounds in the 
 skirmish. The council instituted immediate inquiries, but as no satisfactory 
 account arrived, a letter was sent requiring further information. 
 
 " By the kynge. Trusty and well beloved we grete you well. 
 
 " Forasmuch as to our no little marvel ye have not certified the counsaile of 
 our dearest daughter the princess, whether Thomas Baskerville, Esquire, be in 
 danger of life thro' such hurts as he sustained in the affray committed within 
 that our city of Hereford, between the said Thomas on the one part, and Thomas 
 Vaughan and others on the other, or not, according to their former letters to you 
 in that part directed. We therefore woll and command you that, putting apart 
 all favor and affection and other excuses, you by your writing truly certifie the 
 said counsail forthwith, upon sight hereof, without further delay by this 
 bearer, in what case the said Thomas is, and as nere as ye possibly may, 
 whether he be in perill of dethe or not ; to the intent that upon due and parfite 
 knowledge of the truth and certainty thereof, the said council may further 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 153 
 
 proceed in that behalf, as to indifference and regnal justice appertaineth. 
 Fail ye not hereof as ye tender our favour, and as ye woll therefore unto 
 us answer at your peril. 
 
 " Given under our signet, remaining with the said counsaill at Bromdley, 
 the 20th day of January. And the princess's counsaile." 
 
 From the termination of the above document the inference is, that it was 
 issued in Mary's name shortly before the birth of her brother Edward. The 
 mayor's reply has not been preserved, but the injured man recovered ; for, some 
 years later, his name again appears in the civic records. 
 
 A letter arrived about this time from certain officers of the council respecting 
 a citizen of Hereford who had been apprehended for creating a tumult at a fair 
 in Shropshire. Upon examination, the delinquent declared himself a freeman of 
 the aforesaid city, stating he held land there ; therefore inquiries were instituted 
 as to the truth of his statements. 
 
 " To the right worshipful mayor of the citie of Hereford, and to his brothers, 
 these letters be delivered with all speed. 
 
 " Pleaseth you to understand the cause of my wrytinge unto you at this 
 tyme is this. That upon Saturday xxvi daye of June, there came a suspecte 
 person, one Thomas Chipman he nameth hymself, to Shiffnell, within the county 
 of Salop, riding upon a good gelding, having nor saddle, nor brydle, but only a 
 collar upon his head and a coarse clothe upon his backe. And he was with us 
 V days afore the said Saturday, and with him dyvers suspect persons, and they 
 kept the feyre, but did cut and pike in four days xx persons. 
 
 " Upon his suspiscous comynge with the said horse, he was tached upon 
 suspicion, and that notwithstanding he maketh a gret countenance, and saith 
 he hath in Hereford xx£ worth of land. Therefore that it may please you to 
 certifye us of the truth of his demjnior, for if he and his company should 
 continue, they will do grete hurt in this part and others also. And they have 
 hurte dyvers men and utterly undone some by reason of cuttynge and pikeing. 
 In Shrewsbury upon Wednesday last, one of them was sett upon the pUlorie. 
 Considering the premises as we may do for you in like cause, the which we shall 
 be redy to do to the best of our power. At Shiffnale, xxvi day of June. And 
 that we may be certified by your wryting with all speede. 
 
 " Yours with my little power, — I. Salt, of my lady princess's council, and 
 EoBT. MoRETON, officer to the earl of Shrewsbury." 
 , Early in the reign of Edward VI, great dissatisfaction and anarchy prevailed 
 
 X 
 
154 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 from various causes in different parts of tlie kingdom. One of the grievances 
 complained of as more especially affecting the poorer classes, was the extensive 
 enclosure of common lands allowed by government for the purpose of increasing 
 and improving the breed of sheep. Eapin mentions the counties of Gloucester, 
 Oxford^ and Worcester, to have been in a state of insurrection. The proximity 
 of these counties will probably account for the tone of the following mandate, 
 half persuasive, half threatening, sent to the citizens of Hereford, and addressed 
 to the steward of the city : — 
 
 " Trusty and well beloved, we greet you well. 
 
 " Whereas we, for great and urgent causes, by the advice and consent of our 
 dearest uncle and counsellor, Edward Duke of Somerset, governor of our person, 
 and protector of our realms, dominions, and subjects, and the rest of our privy 
 council, have resolved to have good numbers of able men, as well horsemen as 
 footmen, put in ready order with all possible speed, to be employed either for 
 the annoyance of our enemies or defence of our realm, as occasion shall serve. 
 We doubt not but that you and others especially of your sort, as well this time 
 as in the general musters and other warnings that have been made heretofore 
 for this purpose, will be in readiness, for we have a good report of your courage, 
 wisdom, and readiness to do us service whensoever you shall be by us 
 commandeci. 
 
 " We therefore have thought good, by the advice and consent aforesaid, to 
 pray and require you, and nevertheless by these letters straightly to charge and 
 command you, to put yourself in order with such number of men, both on horse- 
 back and on foot, as you shall be able to make of your own friends, favourers, 
 and others, within your ofi&ce and rules, harnessed and weaponed as apper- 
 taineth. Wherein we require you to use your accustomed diligence, so as both 
 yourself and your men fail not with all possible diligence to be in a readiness to 
 set forth upon one hour's warning, either towards us or such other place as by 
 other letters from us or our said uncle and council shall upon further occasion 
 be signified to you, not failing as ye tender our pleasure, and will answer for the 
 contrary at your peril. Given under our signet at our manor of Eichmond, 6th 
 day of July, in the third year of our reign. 
 
 " To our trusty and well beloved John Scuddamore, esquire." 
 
 Upon the death of Edward VI, the country was thrown into a great state of 
 confusion by the rival claims of Queen Mary and Lady Jane Grey to the throne 
 of England. The Earl of Northampton, on behalf of the latter, undertook to 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 155 
 
 raise levies in Herefordshire. This doubtless alarmed the county magistrates, 
 and in their loyal haste they attempted to muster horse in the city; an 
 injudicious act, that at once aroused the citizens, who jealously regarded any 
 interference having separate jurisdiction, and being independent of the county. 
 An appeal was therefore made to the crown, and the civic authorities received 
 the following conciliatory reply. It is endorsed : — 
 
 " A true copy of a letter obtained from the queen's majesty's most honour- 
 able privy council at such time as the justices of the peace of the 
 county of Hereford would have mustered this city of Hereford for the 
 setting forth of certain horsemen. 
 
 "After our right hearty commendations, perceiving by your letters of the 
 twenty-third of August your good, diligent, and servicable doings, we cannot but 
 give you right hearty thanks therefore, not doubting your continuance therein ; 
 and forasmuch the queen's highness at this present, God be thanked, needeth 
 not such force as ye write of for her preservation, these shall be to require 
 you to desist the levying of any such force, but continue in obedient quietness 
 according. 
 
 " As for the privileges of your city, doubt ye not to use and enjoy them 
 according to . your charter thereof. Thus we bid you heartily farewell. From 
 Eechemond the 28th August 1553. Your loving friends Ste. Winton, Chancel. 
 Winchester, Arundel, Henry (Sussex), Edward Hastings." 
 
 The disaffection of the populace at this period received additional force 
 through the failure of the grain crops, owing to unseasonable weather; this 
 feeling of disloyalty being increased by the conduct of certain persons who, for 
 their own private advantage, hoarded up corn in order to enhance its price. 
 Therefore, to avert disturbances, the mayor and steward issued directions " for a 
 true search to be made within the city for all manner of grain, as wheat, rye, 
 barley, oats, peas, vetches, barley malt, oaten meal, and all other grains, what- 
 soever they be." 
 
 In 1552, a cause concerning the right of pasturage on Widemarsh Common 
 was referred to the court of the Marches then assembled in Hereford, the parties 
 interested being, on the one side, the mayor and citizens, on the other, the tenants 
 and inhabitants of Holmer, Burcott, Over Shelwick, Nether Shelwick, and Wide- 
 marsh Moor. The settlement of the case is thus recorded : — 
 
 " It is agreed and ordered that the mayor and citizens and their successors 
 shall have the feeding and pasturage of the waste ground and common called 
 
156 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 Wigmarsh from the first of February to the first of August without interruption, 
 and the tenants and inhabitants of Holmer, Over Shelwick, Nether Shelwick, 
 Wigmarsh Moor, and Kentish Burcott, shall have the use of it from the first of 
 August to the last day of November without any interruption from the mayor 
 and commonalty or their successors. The commoning, feeding, and pasturing of 
 the said waste ground, from the last day of November to the first of February, 
 shall be open as common equally to both parties. 
 
 " It is further agreed, that when the king's council in the marches of Wales, 
 repair to the city of Hereford to take up their abode there for the space of a 
 week or more, the inhabitants and tenants of the township shall abstain from 
 putting cattle within the common during the abode of the council, and for the 
 space of fifteen days before their coming if they have notice given them. To 
 the intent that the horses and geldings of the council, their servants, clerks, 
 attorneys, and servitors of the court, and all suitors repairing to the council, 
 shall have the feeding of the common, paying for every horse and gelding one 
 penny per night over and above the charges of the watchmen employed to watch 
 the common. The funds so obtained to be used for the maintenance of liighways 
 within the townships before mentioned." 
 
 It was also ordered that the inhabitants of these townships should during 
 the time the council remained in Hereford, between the first of August and 
 thirtieth of November, find four persons to watch and keep the waste ground, 
 for the safety of such horses and geldings as should be laid there by the council 
 and others attending the court of the marches. 
 
 Soon after Queen Mary's accession to the throne, which took place in 1553, 
 her marriage with Philip of Spain was in contemplation, an arrangement far 
 from giving satisfaction to the nation, and strongly remonstrated against by the 
 Commons of the land, who were so alarmed that they sent their Speaker with 
 twenty members to implore the Queen not to marry a foreigner. In order 
 to satisfy her subjects that the projected alliance would not prove prejudicial to 
 their interests, copies of the articles of marriage, as concluded at Westminster, 
 the 12th of January 1554, were forwarded to the principal corporate towns in 
 the kingdom ; but these it will not be requisite here to enumerate, being well 
 known matters of history. A meeting of the Hereford council was convened for 
 the purpose of receiving and enrolling this important document ; but not the 
 slightest remark or comment accompanies its entry, and it is singular that, 
 
 1 Rapin. 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 157 
 
 although the names of the members of the corporation then present are 
 enumerated, the date of the day and month on which they assembled is 
 omitted, a very unusual circumstance in meetings of this description. 
 
 After the treaty of marriage was made public, complaints and murmurs 
 arose on all sides, some parts of the country were in open revolt, and upon a 
 slight advantage gained by the insurgents the anxiety of the court party so 
 greatly increased that Mary repaired in person to Guildhall, and explained to 
 the city of London magnates that she had done nothing without advice of her 
 council. Not only on religious grounds did this alliance become unpopular, the 
 formal reserve of Philip's manner increased the dissatisfaction by offending the 
 nobility, long accustomed to the more affable conduct of their own sovereigns. 
 
 The unpopularity of this union greatly annoyed the Queen ; therefore, 
 having already explained her views to the corporation of London, she appears to 
 have sent letters to the principal cities in the provinces, endeavouring to excite 
 her subjects' sympathy, but nevertheless asserting her right to act independently. 
 A letter to this effect was sent to the corporation of Hereford through their 
 steward, who forwarded it to the mayor for public proclamation, with the 
 accompanying letter from Mmself : — 
 
 "To the right worshipful Mr. William Smooth, mayor of the city of 
 Hereford, be these delivered. 
 
 " Master Meyer. — After my most hearty commendations. Ye shall under- 
 stand that I have received letters from the queen's highness's council in the 
 Marches of Wales, directed to Sir John Price, Sir James Croft, knights, to me, 
 and others, with certain articles therein enclosed. The most part of the gentle- 
 men to whom the said letters are directed be absent and out of the shire at this 
 present, whereby they cannot assemble themselves according as the commande- 
 ment is. In the meantime, for the more diligence, I require you in the name of 
 the queen our sovereigne ladye, that ye signify and publish to the queen's 
 highness's loving subjects within your authority the articles which ye shall 
 receive herewith enclosed, and also to see the effect of the letters (the copy 
 whereof ye shall likewise receive) put into execution. If it shall happen any 
 such offenders as are contained in the said letters be within your authority, ye 
 shall not let them remain unpunished. 
 
 "From Home Lacy the 1st February. By your loving friend, Jno. 
 
 SCUDAMOEE." 
 
 Tlie writer of the above letter, in addition to his appointment as steward of 
 
158 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 Hereford, held office as one of the council of the Marches, which may account 
 for the address being sent through his hands to the mayor. It will be observed 
 that Mr. Scudamore states that " most part of the gentlemen were absent" to 
 whom the Queen's letter was addressed, but at this date many gentry and clergy 
 had left the country, fearing what might ultimately happen in their native land. 
 From the tenour of Mary's letter it seems her own feelings were completely in 
 favour of the marriage, and those who raised objections are threatened with 
 condign punishment. 
 
 " To the right worshipful John Scudamore, Esq., at Home Lacie, be these 
 delivered. By the Queene. Trusty and well beloved we greet you well. 
 
 " And whereas it hath pleased Almighty God so to directe our harte that a 
 treatye is of late concluded for a marriage to be solemnized within this our 
 realme, between our dearest cousine the Prince of Spainne and us, with such 
 covenants and agreements for the preservation of the lawes, liberty, and honour 
 of our realme as maye appere bye the articles herewith sent unto you. We 
 understand that certain evil-disposed persons, meaninge under the pretence of 
 misliking this marriage to rebell against the Catholic religion and divine service 
 restored within this our realm, and to take from us, their soveraigne ladye 
 queene, that libertie which is not denied to the meanest woman in the choice of 
 their husbands, cease not to spread many false, vile, and untrue reports of our 
 said cousin and others of that nation, moving and sturring our good and loving 
 subjects by these and sundry other divelishe wayes, to rebell and venture a new 
 commotion, to the great peril of our person and utter subversion of these realms, 
 if speedy remedy be not provided. 
 
 " For remedy whereof, and to the intent our loving subjects may the better 
 understand this unnatural conspiracy, our pleasure is, you shall not only cause 
 the said articles herewith sent to be published in all parts of our country, by 
 sending abroad copies and by such other good means as you may think best ; but 
 also that you, and every of you, taking diligent heede to the preservation of the 
 peace committed unto you, do cause the authors and spreaders abroad of these or 
 any other false bruits to be apprehended, committed to ward, and otherwise 
 punished, as the qualities of their offence shall merit. 
 
 " For the better doing whereof our pleasure is, ye shall assemble together 
 immediately upon receipt of these our letters, and taking such order for division 
 of yourselves into sundry hundreds and parts, and for the publication of the said 
 articles, admonition of our good subjects, and stay of the rest as may best tend 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 159 
 
 to the quiet of this our country. Whereby you shall show yourselves our good 
 and obedient subjects. 
 
 "Given under our signet at our manor of St. James's, the 25th day of 
 January, the firste year of our raigne." 
 
 Orders from the council of the Marches now followed in rapid succession, 
 for Hereford at this date seems to have been more under the power of these 
 officers than at any other period. The civic authorities were commanded to keep 
 sure watch and ward, and many arrests upon trivial causes of suspicion took 
 place. 
 
 " By the Queen. Trustie and well beloved we greet you well. And for 
 weighty considerations our commissioners in our Marches of Wales moving, we 
 woU and straitly charge and command you forthwith to take order, that there be 
 due watches kept nightly within and about our citie in all places necessary, and 
 the gates closed and kept fast in convenient time, for the suppression of the 
 mysorders that by the contrary might haply ensue, and also for the apprehension 
 of such as wold go about to attempt the same, and that you from tyme to tyme 
 as convenient shall make certificate to our counsaile thereof, not failing as you 
 tender our service, and wiU for the contrary answer at your extreme peril. 
 Given under our signet at our castle of Ludlow, 20th day of February, 1st year 
 of our reigne. Her highness's counsail in the Marches of Wales." 
 
 A complete system of espionage existed throughout the country, all means 
 of communication, whether by letter or otherwise, being jealously watched. 
 From a missive sent to the mayor from mine host of The Sivan, in the city of 
 Oxford, the closeness of the supervision exercised over all classes of people is 
 very apparent. 
 
 " To the mayor, Mr. Wm. Smooth. 
 
 "It may please your mastership to be addressed. One William George, 
 lodging in my house in the citie of Oxford, at the signe of The Swan, the 
 twenty-third of January last, there being witnesses present, conveyed in the 
 presence of them a letter clasped in a boke, and so hid the letter under the 
 aforesaid George's saddle. I, with the rest of my guests, being desirous of right 
 to testify the truth, have the day now written signed this bill of a truth. 
 
 " From Oxford, your friend to his power, John Hill." 
 
 At certain intervals the council of the Marches held their court at Hereford, 
 for the trial of both civil and criminal causes ; prisoners found guilty on these 
 occasions of the offence wherewith they were charged, were handed over to the 
 
160 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 mayor for due execution of their sentence, when such was decreed to take place 
 within the city or liberties. The cruel severity of the punishments inflicted 
 appears from an order sent about this time to the mayor, " forthwith to send to 
 the porter's lodge of the said council and there receive and take the bodies of 
 Salusbury and Cooke, and cause them to be stripped and whipped about our 
 citie of Hereford this day, about twelve of the clock of the same day, and that 
 done forthwith to convey them out of the citie. Given under our signet at 
 Hereford." 
 
 Whilst the council of the Marches were located in Hereford, persons 
 repairing to their court, whether as plaintiffs or defendants, had by old custom 
 a right of free ingress and regress to the town, and could not legally be arrested 
 for debt. An infringement of this ordinance having been for certain reasons 
 committed by the mayor, that officer received a prompt reprimand to the effect 
 that " William Blacke, having appeared before our council, whereby he ought to 
 be privileged by due order of our court, yet nevertheless he was arrested by one 
 of your serjeants-at-mace to answer a supposed action of debt as high as £10, 
 commenced before you against him. Wherefore we command you forthwith to 
 discharge him, not failing hereof upon pain of forfeiting to us the sum of £100. 
 Given imder our signet at our cathedral of Hereford, the 6th day of October, the 
 4th and 5th year of our reigne." 
 
 It is to be remarked that the above mandate is dated from the cathedral, 
 which, with the bishop's palace, in this reign became the head-quarters of the 
 council whilst in Hereford, for the bishop, John Harley, was amongst the first of 
 those prelates who suffered persecution on account of favouring Protestant 
 opinions. Instituted to the see a few months before Mary's accession, he enjoyed 
 his preferment but a short time, and with Taylor, bishop of Lincoln, was thrust 
 out of the House of Peers the first day of its assembling, for refusing to kneel 
 at mass, and a little later, under pretence that he had behaved badly and 
 preached erroneous doctrines, was deprived of his bishopric.-^ 
 
 From a case referred to the council of the Marches for decision in 1555, it 
 appears the citizens of Hereford formerly possessed a grant giving them the 
 right of trading toll-free in the town of Builth, a place in the Marches then 
 possessing a large and noted market. This claim being disputed by Rees 
 Vaughan, gentleman, for himself and others, the contending parties appeared at 
 Hereford before the councU in order to settle the point at issue. Upon inspec- 
 
 1 Hapin, Hist. Eng. 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 161 
 
 tion of a charter belonging to the citizens then produced in open court, it was 
 eventually agreed that from thenceforth all freemen, with their servants and 
 factors, resident within the city of Hereford, should at all times come and 
 go to the town of Builth, in the county of Brecon, and Over Elwell adjoining 
 thereto, and freely buy and sell there every description of merchandise without 
 paying toll or custom within the said towns to Rees Vaughan or any other 
 person. 
 
 In common with many other Welsh towns, Builth, by virtue of an ancient 
 charter, was granted certain liberties and privileges enjoyed by the citizens of 
 Hereford, who, in return, appear to have possessed the questioned right of tradmg 
 quit of toll in the Builth market. 
 
 Having previously had under consideration royal mandates from Edward VI 
 and Queen Mary respecting mustering troops in the city, one from Elizabeth for 
 a similar purpose will deserve attention. These letters of commission were 
 written in the month of March, immediately after the Queen's accession to the 
 throne. 
 
 " A true copye of the queen's majesty's letters of commission, directed to the 
 mayor and aldermen of the city of Hereford, for her grace's musters to be taken 
 within the said city, which letters be signed by the queen's majesty's own hand, 
 as hereafter appeareth. 
 
 " By the queen, Elizabeth R. Trusty and well beloved, we greet you well. 
 
 " Letting you know that the wars as well with France as with Scotland, 
 wherein our dearest sister, the late queen, hath left this realm, are yet remaining 
 unreconciled and not compounded, we have thought it necessary, both for our 
 surety, and for the defence of our loving subjects, to foresee, and as much as may 
 be, to meet with whatsoever shall be attempted against us, our realms and 
 subjects, by any foreign enemy during the said wars. 
 
 " Being desirous, therefore, to know the present state and force of our realm, 
 how every man is prepared for defence, we have thought good to have general 
 musters taken in all places throughout our realm. Therefore, upon a special 
 trust of your diligences, wisdoms, and dexterities, we do appoint you, by these 
 our letters, to be commissioners for taking the said musters within our city of 
 Hereford, and the liberties of the same. Also we require you forthwith, upon 
 the receipt thereof, to assemble yourselves, and after good advice and consultation 
 had together of the matter, to proceed to the speedy execution of this our 
 commission, and to take not only the musters of our city, with as much diligence 
 
 Y 
 
162 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 and circumspection as shall be in you, but also the perfect knowledge of every 
 man's harness and weapons, and whether they be furnished according to statutes 
 made in that behalf. 
 
 " Strict charge and commandment to be given in our name to aU persons 
 that have weapons and harness, in no wise to sell, alienate, or otherwise to do 
 the same away, unless they be merchants or other men that have made provision 
 thereof to sell again to our subjects, but they shall safely keep them, that they 
 may be forthcoming and in readiness when need shall be to use them ; wherein 
 we require you to use speedy and good foresight, according to the special trust 
 that we repose in you, and make certificate of your doing unto our Privy Council 
 attending upon our person, with as convenient speed as possible ye may ; and 
 these our letters shall be your sufficient warrant and discharge in that behalf. 
 
 "Given under our signet at our palace of Westminster, the 21st day of 
 March, in the first year of our reign." 
 
 The claim advanced by Mary Queen of Scots to the throne of England, 
 wherein she received support and encouragement from the French, compelled 
 the English government to maintain a strong military force throughout the 
 kingdom, in order to be prepared for enemies at home and abroad. As an 
 additional precaution, supplies of arms were sent to different cities and towns, 
 and a small consignment was transmitted to Hereford, accompanied by the 
 following letter : — 
 
 "A copy of a letter directed by George Lodge, sergeant to the right 
 honorable Sir Harry Sidney, knight, lord president of the queen's majesty's 
 honorable council of the Marches of Wales, made to Thomas Maylard, citizen of 
 the city of Hereford, and a certain harness, arms, and weapons that the said 
 Thomas Maylard should deliver to the mayor and citizens of the city, according 
 to the said lord president's commissions. 
 
 " My friend Thomas Maylard, — ^When God shall send you to Hereford, it 
 may please you to deliver, according to my lord president's commission, to the 
 mayor and his brethren these parcels following, which you have received of me, 
 as by your acquittance doth appear. First, twelve corselets, six wliite and six 
 black, with their furniture, such as they have, without flasks ; w^hite morions, 
 fifteen ; pike arms, thirteen. This is the whole that I have delivered to you at 
 this present, which I pray you see delivered in good order, and God be your 
 good speede. In London, 16th April, anno 1561. — George Lodge." 
 
 The old Saxon custom forbidding hostelers to lodge travellers more than 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 163 
 
 one day and night, without informing the mayor of their arrival, was strictly 
 enforced during the reigns of Henry VIII, Mary, and Elizabeth, under penalty 
 of twenty pence as fine. The houses of all persons suspected of harbouring 
 vagrants were diligently searched by the bedel, who received orders to bring the 
 same before the mayor. If upon examination, their account of themselves 
 appeared unsatisfactory, the suspected persons were summarily expelled the 
 city, or " whipped at the cart tail", this punishment being executed by the bedel. 
 Therefore, to ensure their personal safety, travellers found it requisite to provide 
 themselves with sufficient evidence of their respectability. A soldier's pass for 
 leave of absence, issued by the warden of the north and east marches of England, 
 is yet preserved. 
 
 " I, Francis Earl of Bedford, lord lieutenant-general of the frontiers towards 
 the north parties, lord governor of Barwicke, lord warden of the east marches of 
 England, far auent Scotland, and knighte of th' order, have licensed this bearer, 
 Thomas Twynborowe, souldier, under Capt. Eeade, to be absent from his place of 
 service in Barwicke, for certaine his reasonable affairs, for the space of six weekes 
 next ensuing the date hereof. These shall be, therefore, to will and command 
 you, and every of you, to suffer and permit him, quietly and without any let or 
 disturbance, to passe and return by you and every of you, during the time afore- 
 said. Given at London, the 28th Maye, 1566. — F. Bedfokd. 
 
 " To all justices of the peace, mayors, sheriffs, baylies, constables, and to all 
 other the queen's majesty's officers, ministers, and subjects to whom it shall 
 appertain, and to every of them," 
 
 Not alone with a view of keeping a look out on disorderly characters were 
 these severe decrees enacted ; another reason, not always mentioned hy name, 
 demanded attention, for at intervals during this period terrible pestilences 
 desolated the country. 
 
 In the reign of Henry VIII an epidemic of this description made sad 
 ravages in Hereford. Bishop Booth, then chancellor of the Marches of Wales, 
 whilst resident in Ludlow castle, sent an urgent letter from thence, making 
 enquiries respecting the state of the city, signed by himself and the bishop of 
 Coventry and Lichfield. 
 
 " To the right worshipful the mayor of Hereford. 
 
 " Master Mayor, — In our hearty- wise we recommend us unto you, and for 
 certain considerations send at this tyme the bryngers hereof unto you, to know 
 in what estate that the citie of Hereford is, touching the plague of pestilence, 
 
1G4 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 and whetlier any detlie hath been thereof there this present yeare, and thereupon 
 ye upon your fidelitie wol ascertayne in the veray troth and playnenesse thereof, 
 by the said bryngers of these presents, in -OTiting, and further desire you to give 
 evidence unto thym in such report as they shall make unto you on our behalf 
 concerning the same. At Ludlow, this Wednesday, tlie 31st day of August. — 
 Your lovers, G. Co. et Lich., C. Herfoed." 
 
 A few years after Elizabeth ascended the throne, reports arrived that the 
 dreaded visitation had appeared in the neighbouring city of Gloucester, and great 
 alarm was felt in the adjacent towns. To prevent the contagion spreading, 
 efforts were apparently made to stop all communication between Hereford and 
 the infected district ; this necessarily interfered seriously with trade, and the 
 mayor and council of Gloucester addressed a letter on the subject. 
 
 " To the right worshippful their assured friends, the mayor and Ms brethren 
 of the citie of Hereford. After our hearty commendations. 
 
 " Forasmuche as we are informed that some stir hath been made at your 
 citie, by the receiving of our neighbours and citizens here, on the supposal of 
 the grete infection or peril of the plague which may thereby ensue. We, at the 
 humble request and earnest suit of our neighbours, have thought convenient to 
 signify the trewthe of our present state, which (God be praised) is not soe to be 
 feared as the grete bruite and fame of the same many may to you convey. Soe 
 is it, and soe do we assure you, that the High Street of this whole citie hathe, 
 except in one or two houses, remained this whole year free. And though God's 
 blessed hand, in dyverse places of the suburbs and backe lanes, hathe been felt, 
 yet assuredly it is true (which assurance we testify as our credit shall have) 
 that since Easter, of aU de'ases, there hathe not deceased in the city and whole 
 suburbs, which stretcheth far about us, above 110 persons, and, as we said 
 before, nere to the place of greatest traffic, or the houses of the greatest occupiei-s, 
 none at all. 
 
 "Thus, with our commendations again remembered, we rest yours from 
 Gloster, 7th day of October 1565, your assured friends, Thomas Semys (mayor), 
 Thomas Perry, Robert Moreton, Henry King, and others." 
 
 Notwithstanding these and other precautions, Hereford in its turn suffered 
 from this terrible scourge ; and although no detailed account has been preserved, 
 yet there is little doubt the plague was in the town. Amongst the petitions 
 this year presented to the mayor appears one to the effect, that the applicant 
 sought the appointment of city bedel, a post then vacant, and, as a plea in his 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 165 
 
 favour, stated tliat he had previously been appointed by the mayor during fair 
 time to give notice that all inhabitants of infected houses should keep indoors. 
 The epidemic lingered in Herefordshire for some time. A mandate, received 
 eight years later from the Lords Commissioners of Wales, enjoins especial 
 diligence respecting strangers, who were to be carefully watched during the 
 autumn months, whether in places exempt or otherwise. 
 
 " After our hearty commendations. Great benefits towards the good order 
 of the commonwealth came this last year through your diligence in searching 
 out and punishing vagabonds and sturdie beggars, according to the good and 
 holesome laws of the realme. The dysorders and inconveniences which have 
 arisen sith this last winter, from a forbearing that hath been hitherto in 
 executing the said laws, doth cause us, by the Queen's Majesty's commandment, 
 ones agayn to call uj)on you, and to charge you most straightly in these three 
 next moneths, that is, in August, September, and October, to cause search to be 
 made throughout the whole shire, as well in places exemjJt as all other, most 
 straight watch, from the xxth day of August at vij of the clock at night, until 
 the next day at iij in the afternoon, by constables, two or more of the most 
 substantial sergeants of each parish, according to the bigness of the parish ; they 
 to apprehend all rogues, vagabonds, sturdie beggars, masterless men, and all 
 suspected persons. All so taken ye shall cause to be punished by stocking, and 
 sharp and severe whipping, without redemption or favour, according to their 
 deserts. After punishment done them, they to be conveyed from constable to 
 constable, until they come to their place of birth or last abode. 
 
 " The like watch, search, and punishment to be done of the same persons, if 
 any be found the xii of September and October at vij at night until the next 
 day at iij in the afternoon. And from thence each xvth or xxth daie, as ye shall 
 agree within yourselves will be most for the commodotie and quiet of your 
 shire, and the hole realm. 
 
 " From Hampton Court, 30th July 1573." 
 
 In consequence of a similar pestilence which prevailed in some parts of 
 England and Ireland during 1603, the mayor, the 14th of July in that year, 
 made public proclamation in the king's name, addressed to common carriers and 
 others, forbidding them to bring or carry into Hereford, goods, merchandize, or 
 passengers from the city of London, or any other place infected with the plague. 
 They were ordered to unload their horses and wagons without the liberties, " as 
 the plague goes always in your company"; and travellers coming from infected 
 
166 ANCIENT CUSTOMS OF UEREFORD. [chap. ix. 
 
 places were only allowed to lodge in the town after due notice had been given 
 to the mayor and council. Innkeepers, alehouse-men, and victuallers received 
 strict injunctions on no consideration to entertain strangers during this infec- 
 tious time without having first obtained the consent of the mayor. Tradition 
 relates that during these visitations, country people and others brought their 
 goods for sale to the White Cross, situate about a mile to the west of Hereford ; 
 to this spot came also the townsmen, who put down their money on one side the 
 cross, taking up their purchases from the other; thus both parties avoided 
 contact ; and the report seems to derive confirmation from the documents now 
 brought to light. 
 
 A roll of examinations taken before the mayor at Hereford in 1569, 
 contains several important charges prefeiTed against suspected persons and 
 strangers, but it does not appear such were required to make oath as to the facts 
 they stated, nor that their committal to prison necessarily followed their 
 apprehension. An account of the examination of a Scotch lady is taken from 
 these legal documents, whose arrest evidently took place because suspicion 
 existed that she was one of the emissaries of Mary queen of Scots, as about 
 that period the intrigues of this queen's partizans compelled the authorities to 
 exercise great vigilance. 
 
 "Katherine Douglas, late of Pendoighe in the realm of Scotland, gentle- 
 woman, daughter to one George Douglas, gentleman, being examined how long it 
 was since she came out of Scotland, said she came from thence twelve months 
 past at the least, and came to West Chester. From thence she went to London 
 and afterwards came to Coventry, then to my lord of Worcester, and at my lord 
 Chandos' place, then was at my lord Stafford's place, and at my lord viscount 
 Hereford's place, and then came to Shrewsbury, and there remained for the space 
 of four days, and then came to Ludlow ; there tarried four or five days, then 
 came from thence to Croft, and saith that my lady Croft sent her man with her 
 to this city of Hereford with a gelding. From this city she is determined to go 
 to my lady Elinore, sister to the Earle of Worcester, and wife to Sir Roger 
 Vaughan, knight, being now either at Eaglan or at Brecknoche as she 
 thinketh." 
 
 The fact of a lady travelling in such unsettled times without sufficient 
 escort would undoubtedly attract attention, but as no further account is given of 
 her proceedings, it may be concluded Katherine Douglas pursued her journey 
 without further delay. One of her entertainers, Viscount Hereford, stood in 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 167 
 
 high favour at Court ; this is mentioned hy Sir Thomas Baskerville, in a letter 
 written, a few years previous to the above occurrence, to the mayor, who is 
 therein warned of the danger of offending so powerful a noble. 
 
 " Eight Worshipful. After my hartie commendations. Whereas it is 
 reported to my lord Viscount Hereford that you have stayed a pair of horses 
 upon the proclamation of a charge wanted ; therefore I pray you let the horses 
 be sent agayne by this bearer, for I wolde not wish you to stay them. If you 
 did know how he is favored by the queen's majesty and the nobles of this realm, 
 and if they be contrary to the proclamation my lorde viscount will see them 
 refunded, that there may be no more din in the matter. Thus in hast I comytt 
 you to God, and agayne desiring you that the said horses may be delivered. 
 From Eardisley, the v of June 1566, your loving friend, Thos. Baskerville." 
 
 The necessity of maintaining and repairing the fortifications on the coast, 
 when England was threatened by the warlike demonstrations of Spain, 
 required great expenditure by the nation, and to assist in procuring the necessary 
 funds the first state lottery instituted in this country took place. Proposals for 
 the speculation were issued in 1567, but the drawing began two years later, 
 January 1569, at the western door of old St. Paul's, formerly the place where 
 men of business assembled, and continued day and night until the sixth of 
 May following. This important lottery contained forty thousand lots at ten 
 shillings each, the prizes being pieces of plate and other articles of value. 
 
 A proclamation made by order of government in the principal towns of the 
 kingdom gave publicity to the transaction, and the mayor and council are 
 recorded in the minute book as taking shares under the following agreement, 
 doubtless that other inhabitants might be induced to favour the enterprise : — 
 
 "The last dale of August, the tenth year of the raigne of our sovereign 
 lady Elizabeth, it is covenanted and agreed between Thomas Church, of the 
 citie of Hereford, gentleman, on the one part, and the persons whose names are 
 subscribed, of the said city, on the other part, in manner and form following, 
 that is to say, — 
 
 " Whereas the said Thomas Church and the persons subscribed have agreed 
 between themselves to putte and adventure into the lotterie now set forthe by 
 proclamation fyfteen pounds for thirty lots, after the rate of ten shillings every 
 lotte, whereof the said Thomas Church hath put into the said lotterie for 
 himself forty shillings, and the residue of the said persons have delyvered the 
 several sums of money at their names appearing, to make up the sum of fifteen 
 
168 ANCIENT CVST021S OF HEREFORD. [chap. ix. 
 
 pounds to the said Thomas Church, to he hy him put into the lotterie to the 
 use and commodity of the said Thomas, and of the residue of the persons 
 subscribed, to be indifferently divided between them according to the number of 
 lottes at their names appearing. The said Thomas Church dothe covenant and 
 agree with the persons subscribed, tliat of all such sums of money, juells, plate, 
 tapestrie, linen, cloth, and every other thing whatsoever that shall hereafter 
 chance unto him by good lucke or fortune of the said thirty lottes, that he or 
 his executors and assigns will severally pay to the said persons or to their 
 executors and assigns, as much of all the lottes (beside tlie portion of the said 
 Thomas after the rate and number of four lottes, and the charge defalked and 
 allowed) according to the number of the value of the lottes by them severally 
 delyvered to Thomas Church. This agreement to be performed without any 
 fraud, gyle, or deceit within one month after he shall be paid the said lotterie. 
 In witness whereof I have subscribed my name the dale and yere above 
 written. — Thomas Church." 
 
 The larger adventurers in this speculation were George Burghill, Thomas 
 Meredith, and John Hope ward, each of whom purchased two shares ; but John 
 Maylard, the mayor, Gregory Prise, esquire, William Webb, gentleman, and 
 other members of the Council were contented with single shares. 
 
 Contemporary history states that the above lottery caused great excitement 
 throughout the kingdom, but opinion varied concerning the plan pursued for 
 raising the sum required. Thomas Church, the Government agent employed to 
 receive the money paid for tickets in Hereford, held office as mayor some years 
 later. 
 
 A letter intercepted by the authorities about this date, written in a large 
 clear hand by the wife of a citizen named Ambrose Church, is here inserted as a 
 sample of a lady's letter in the reign of the maiden Queen. The writer's 
 husband appears to have fallen under suspicion through associating with a man 
 of doubtful character, and therefore his faithful wife sent an urgent appeal, 
 warning him of his danger. The direction is blotted, as if folded in haste. 
 
 " To my louen husband, Mr. Ambrose Church. Geve this with sped. 
 
 " Swet-hart. — I commend me unto the, praying to God for thy healthe and 
 prosperitie, soule and bodi. I thank the for my mony, good swet-harte. T entret 
 the for God's sake to rid Arkinstall out of your company as thou loves thy 
 credet. He stolle a mare of thre pounds pris coming from Westchester. I was 
 before the mayre on Sunday morning, and the man that owth the mare was in 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 1G9 
 
 towne and prof with him, and hath laid sirth all about the towne and countre 
 to take him, and will hang him excepe he forsake England ; therefore, for the 
 love of God, rid him as soon as you can. Masr. Gilim and masr. Church was 
 the furst that tould me, and would wash the to rid him, and masr. maire 
 himself wish the to have onest men in thy companie, and woul request the 
 to come and speke with him when thou come home. A Saturday the hous 
 was sersth for him, that we were all at our wits end. No more at this time. I 
 shall thinke long tel I here from the where you here ani thing of him ; 
 this I end. Thy loven wife, Makgret Church, tell deth." 
 
 Upon his return, Ambrose Church underwent a long examination before 
 the mayor respecting his knowledge or share in the transaction, but, according 
 to his account, Arkinstall had bought the mare; therefore the case was 
 dismissed. 
 
 "When officers of the Council of the Marches were in the neighbourhood, 
 horses required for their use seem to have been unceremoniously seized and 
 hardly worked, without sufficient compensation made to their owners. A citizen 
 whose steed had been thus summarily detained, having in consequence been 
 disrespectful to the mayor, was summoned to the city court. 
 
 " Whereas the mayor dyde by the commandment of the lorde presydent of 
 the queene's majestys council in the Marches of Wales take up one gelding of 
 Hugh Kene for a post horse to ride to Leominster, and when the gelding was 
 brought home agayne, Hugh Kene brought the gelding before the mayor's dore 
 of hys dwelling house, and then and there the said Hugh dyde openlye declare 
 and speake these words foUowyng : ' Before that the mayor shall have any horse 
 of me agayne, he shall have a leg of hym in hys bealye,' which worde Hugh 
 Kene dyde confesse the speakynge thereof upon his appearance before the 
 mayor, aldermen, and councell of the cytye. And as the sayde Hugh dyde 
 submit hymself to stand to the order of the mayor and cytyzens for his 
 misdemeanours, it is ordered by the mayor and hys brethren that Hugh Kene 
 shall be contente and paye forthwythe unto the hand of the chamberlayne of 
 the cytye, the sum of six shillings and eight pence of lawful money of England, 
 unto the use of the cytye for hys mysdemeanours aforesaid." 
 
 In this instance the offender escaped with a fine, but other delinquents 
 were not so fortunate, and lost their freedom " for insulting the mayor whilst 
 sitting in the Queen's court at Hereford". 
 
 Tn 1585, a letter addressed to the mayor arrived from the Council of the 
 
170 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 IMarclies, that contained an enclosure respecting a subject of historical interest, 
 in the form of an address or manifesto issued by the Privy Council, evidently 
 by command of the Queen, respecting the suppression of certain libellous books. 
 
 " To our right weU beloved the mayor, aldermen, and justices of the peas of 
 our citie of Hereford. Trustie and well beloved we grete you well. And woU 
 and require you, that forthwith upon receipt hereof, ye doe assemble your selves 
 together. And after you have perused the copie of the lordes of our Privy 
 Counsaille's letters which we send unto you here enclosed, to consult among 
 yourselves how the same may be effectually executed to satisfie our expectations 
 in this behalf. Wherein you shall doe well to make the same knowen to all our 
 faithful subjects in our citie of Hereford, taking copies for your own information, 
 and to make the same knowen unto our subjects, that you publish the same by 
 open proclamation. And of your doing herein to certify our counsaille in our 
 Marches of Wales with all convenient speede as may be. Fail ye not hereof as 
 you tender our service, and will for the contrarie answer at your perills. Given 
 under our signet, at our town of Salop, the last day of June, the 27th yere of 
 our raigne." 
 
 The address enclosed in the above letter was sent, in consequence of 
 the circulation of slanderous reports and pamphlets respecting her majesty, 
 charging her amongst other things with putting many Eoman Catholics to 
 death without cause, having first racked them to make them confess crimes 
 of which they were innocent, and also taxing her with having too great 
 a partiality for the Earl of Leicester. The author of these books and 
 manuscripts, some of which were written, but others printed, was never 
 discovered, but the printer paid with his life the penalty for his share in the 
 work. The same year these reports were spread abroad, the queen had appointed 
 Leicester, general of the auxiliary forces, which doubtless increased the jealousy 
 and suspicion already entertained against this courtly favourite. 
 
 " To our very goode the Lorde Presydente, and in his absence to our loving 
 friends Sir George Bromeley, knight, and the rest of the council established in 
 the Marches of Wales. After our heartie commendations. 
 
 " LTpon intelligence given her Majesty in October last, of certaine sedditious 
 and traiterous bookes and libels, covertlye spreade and scattered abrode in 
 sondrie partes of her realms and dominions, it pleased her highness to publish 
 proclamations throughout the realme for the suppressing of the same, and due 
 punishment of the seekers, spredders abrode, and deteigners of them, in such 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 171 
 
 form as in tlie said proclamation is more at large contained. Sitliens which 
 tyme her highness hathe certainlye knowen that the verie same and dyvers 
 others such-like most slanderous, shameful, and diveleshe bookes and libells, have 
 byn contynually spredde abroade by disobedient persons to the manifesto 
 contempte of her majesty's regnall and sovereigne authority. And among the 
 rest, one most infamous, containing hateful and slanderous matter against our 
 very good lorde the Earle of Leicester, one of her principal noblemen and chief 
 commissioners of estate ; of which most malicious and wicked imputations, her 
 majestic in her owne clear knowledge doth declare and testifie his innocence to 
 all the worlde, and to that effecte hathe written her gracious letters signed with 
 her owne hande to the lord maior, sheriffes, and aldermen of London, where it 
 was likelye the bookes would be chifely caste abrode. 
 
 " We therefore do follow the cause taken by her majestic, and knowing the 
 wickedness and falsehood of this slanderous device against the said Erie, have 
 thought it good to notify her pleasure and our owne conscience to you in this 
 case. First, her majesty hath noted great negligens and remisness in the 
 execution of her former commandments, for the seditious libells have been since 
 that tyme dispersed and spredde abroad, and kepte by contemptuous persons, 
 without severe punishment being inflicted for the same. So now upon second 
 charge and admonition given unto you, she verely looketh for the most stricte 
 observation thereof, in the sharpest manner that may be devised. Testifying in 
 her conscience for God unto you, that her highness not only knoweth in assiu?ed 
 certaintye the libells and books against the said Earle to be most malicious, 
 faulse, and slanderous, and such as non but the devel hymself colde deem to be 
 trewe, but also thinketh the same to have preceded of the fulness of malice to 
 the discredit of her princelye government over this realme ; as thoughe her 
 majestye should have failed in the choice of the principal councellors about her, 
 or be without taste of all justice and conscience in suffering suche heynous and 
 monstrous crymes as by the said libellous bookes be infamously imputed to pass 
 unpunished, or at least to want good will, ability, or courage, if she knew these 
 enormities were true, to call every subject of hers whatsoever, to render a sharp 
 account for them according to the force and effect of her lawes. All which 
 effects, God be thanked, we and all good subjects to our remarkable comfort do 
 knoAv, and have fouude to be far from the nature and virtue of her most 
 excellent majestic. And both her highness of her certain knowledge, and wee 
 to doe his lordship but right, of our sincere conscience must nedes affirm the 
 
172 ANCIENT CUSTOMS OF HEREFORD. [chap. ix. 
 
 shocking and abouiable crymes, to be raised of venemous mallyce against the 
 said Earl, of whose goode service, sinceretie of religion, and faithful dealing 
 towards her majestie and the realm, we have had long and true experience. 
 
 " Which things considered, and knowing the usual trade of traitors mindes 
 when they would render the princes' government odyous, to detract and bring 
 out of credit the principal persons about them, her highness taking the abuse to 
 be offered unto her own selfe, hath commanded us to notifye the same unto you, 
 to the intent, that knowing her good pleasure, you may proceed therein, as in a 
 matter highlye touching her owne estate and honour. 
 
 " And therefore we wish and require you to have regard thereof accordinglye, 
 that the former negligence and remissness shewn in the execution of her 
 majesty's commandment, may be amended by the diligences and severities that 
 shall hereafter be used ; which amendment and carefulness in this cause chieflye 
 her highness assuredly looketh for, and will call for acompt at your handes. And 
 soe wee byd you heartily farewell. From our Court at Shrewsbury, 27th day of 
 Jime, 1585, — Your very lo\dng friends, Thomas Bromley, cane. Hen. Darbie, 
 H. Hunsdon, C. Halter, W. Burghley, F. F. Bedforde, F. F. KnoUys, F. F. 
 Walsingham, G, Shrewsburie, C. Howarde, H. Sydney, Wat. Mildmay." 
 
 A royal precept issued in tliis reign by the Council of the Marches from 
 Gloucester, although perhaps of more interest to legal than general readers, is 
 here inserted as an example of the form of these documents. 
 
 " To our right well beloved the mayor of the citie of Hereford. By the 
 Queene. Eight well beloved we greet you well, and will and command you, in 
 case John Hurds hath not answered and confessed the action of debt as high as 
 twenty pounds or thereabout, commenced against him in the court of your 
 authority by one Thomas Williams, alias Dyer, then forthwith to bail the said 
 Hurds out of your ward (where he now remaineth) , upon his bond in the sum of 
 forty pounds, with one sufficient surety to our use for his personal appearance 
 before our council in our Marches of Wales, at such day as shall be appointed 
 for the hearing of a matter in variance betiveen the said Hurds, plaintiff, and 
 the said William, defendant, and then not to depart without licence of tlie 
 council. And in meantime, from time to time by attorney, so as the said bond 
 be tendered to you duly before the sixteenth day of July next coming. And 
 the bond (if any be so entered into) to certify to our said council the 13th day 
 of November next coming, for further therein to be done, not failing thereof 
 upon pain of £100. Given under our signet at our city of Gloster, 16th day of 
 
CHAP. IX.] ANCIENT CUSTOMS OF HEREFORD. 173 
 
 June, the thirty-fourth year of our reign. And her majesty's council in the 
 Marches of Wales." 
 
 Several lords president of the marches resided at Ludlow Castle with 
 princely state and grandeur ; the other superior members of the court 
 consisted of nobility and gentry having property, and living in or near the 
 marches. This council was abolished by a statute passed during the reign of 
 William and Mary, in consequence, as therein alleged, of the abuses practised, 
 and the general mismanagement of the court. 
 
 The expenses attending the hospitable and convivial gatherings of the 
 corporation in the time of good Queen Bess became a matter of consideration, 
 for although the members of the council willingly participated in the 
 enjoyments of the social board, they were not always equally desirous of 
 contributing their share towards defraying the expenses incidental to these 
 feasts, and it is recorded : — 
 
 " That upon hearing the accounts of William Maylord and John Jenkins, 
 gentlemen, chamberlains of the city, forasmuch as the chamberlains are driven 
 to demand allowance of a certain charge made by them, laid out towards a 
 bankett in eatyne of venyson given to the mayor and common council by mr. 
 comptroller and others, which charge heretofore was wonte to be borne by the 
 mayor and common councell, and not to burden the chamber of the city ; it is 
 considered and agreed, that at all and every solemn assembly and meeting of the 
 council, upon summons to eat venyson or otherwise to bankett and make merry 
 as they have been accustomed and used to do, they should contribute towards 
 the charges and expenses sustayned in that behalf, every alderman, portion and 
 portion alike, and the election share and share alike. The whole number having 
 notice or summons to give meeting and attendance with the mayor and his 
 associates at any time and place williin the city, shall from henceforth give 
 meeting and attendance with the mayor, aldermen, and council, unless they shall 
 be absent, or either so sicke that they cannot come, or else can yield a sufficient 
 reasonable excuse for their absence, or do pay or contribute notwithstanding 
 (their absence being of purpose without excuse made) towards the expenses and 
 charges sustayned and done at the same banketts, as they should if they were 
 present at the same banketts ; and if any shall refuse to pay their share, then it 
 shall be lawful for the eldest sergeant in the same city to distrayn him or them 
 so refusing, and the distress thereof taken, to detayn until the said sums be 
 fully satisfyed and payd." 
 
174 ANCIENT CUSTOMS OF HEREFORD. [cuap. ix. 
 
 On the expiration of every mayor's term of office, it was customary for 
 him to make over by indenture to his successor the swords of state and other 
 articles of value belonging to the city; also the custody of all prisoners and 
 lunatics, the latter, when under confinement at that period, being generally 
 immured in the gaols. The annexed extract, taken from an indenture 1580, 
 enumerates many municipal appendages and valuable documents long since lost 
 or destroyed. 
 
 " Three swordes, called queen's swordes, with their three scabbardes to the 
 swordes belonging; three chappes of silver gilt for the said silver swordes, 
 
 wei^jhinff ounces, and two bands of silver gilt made for the swordes, 
 
 weighiug ounces ; also one case of tymber gilded to put the said swords 
 
 in. Four maces of silver, two velvet hats, one of blacke, the other of redde 
 velvet. Also the seal of the office of mayoralty of the city, one statute look of 
 customs of the city, three books of recognizances and remembrances of the 
 city courts; also three scutcheons of silver, being the amies of the city, and 
 
 three roses of silver to the said scutcheons pendant, weighing ounces. 
 
 Likewise five pairs of boults, five pairs of gyves, two pairs of arme boults, oue 
 neck collar, six pieces of brassen weights remaynyuge in the hands of Margaret 
 Partridge, widow. One key of the tolsend dore, one key of the common coffer, 
 one key of another coffer within the said common coffer, oue brass meteyard, 
 a gallon of brass, six weights of great and small troie weight, with the letter 
 " H" engraved upon them. Also three quarters of a pound of avoirdupois, and 
 eight pieces of leaden weights. Also the said James Boyle hath delivered to 
 the said new mayor the bodies of all those persons whose names hereafter 
 follow, now remainiug in the queen's majesty's gaols of the city of Hereford." 
 
 Then follow the names of all prisoners, lunatics, and debtors in the 
 mayor's custody. Formerly the office of gaoler was frequently held by widows, 
 and Margaret Partridge, mentioned in the above indenture, doubtless occupied 
 that situation. The custom of appointing widows to this office continued as 
 late as 1785, when Elizabeth Snead, widow, is entered as gaoler of the city 
 prisons in the list of corporate officials made that year. 
 
 It is a matter of regret that of the silver articles possessed by the 
 corporation none remain, having, in all probability, been sold to obtain money 
 when the town was besieged during the civil war, or appropriated by the 
 Parliamentarians. The maces, etc., at present in use are of comparatively 
 modern date. 
 
CHAP. IX.] 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 175 
 
 An inventory entered during tins reign in the Great Blach Booh 
 enumerates certain arms belonging to the city stored in the Tolsey ; other 
 weapons were kept in the gateways. An armourer, named Bryan Newton, 
 entered into a bond to the amount of forty pounds that he would scour, repair, 
 and safely keep, for the use of the mayor and citizens, weapons and armour 
 stored in " Jyne Gate," for which service he received a salary of ten shillings 
 per annum. 
 
 Eigne Gate. Taken down 1787. 
 From an old print. 
 
176 
 
 ANCTFiVT CUSTOMS OF HEBE FORD. 
 
 [chap. X. 
 
 CHAPTEE X. 
 
 Rent Charge on St. Guthlac's Priory — Members of Corporation not to enter service of strangers 
 — Yayden's Petition — Freemen deprived of Franchise — Freemen only to Vote — Assess- 
 ment on Dean and Chapters Fee — Sale of Meat in Lent — Charitable Endowments — 
 St. Giles' Almshouse — Trinity Almshouse — Price Almshouse — Hereford Grammar School 
 — Citizens desire to nominate Masters there — Letter from Bishop Bennett — The Mayor's 
 
 Reply — Letter from Sir Thomas Coningsby — The 
 Mayor's Reply — Blackfriars' Hospital. 
 
 EW cities in the kingdom, perhaps, have been more careful to 
 preserve records concerning their ancient rights and privi- 
 leges than the city of Hereford, and, fortunately, many 
 original papers still remain, giving accounts of the means 
 adopted to protect those liberties when encroached upon or 
 endangered. From one of these documents we take the 
 following account of a suit commenced in the court of 
 Exchequer, 1590, between the mayor and citizens and 
 Gregory Price, Esq., the owner of the manor of St. Guthlac, 
 within the liberties of the city. 
 At the suppression of religious houses by Henry VITI, a grant of the site 
 and precincts of St. Guthlac's priory, together with other property belonging 
 thereto, was made to John ap Pace, from whom it descended to Gregory Price, 
 whose name often occurs in the municipal documents of this period, as he 
 represented the city in Parliament for many years, and more than once served 
 the office of mayor. It appears that the manor of St. Guthlac was subject to a 
 fee-farm rent of £2 2s. 6d., payable to the mayor and citizens ; but Mr. Price 
 objected to this payment, on the ground that it becaijie void under the statute 
 for the dissolution of monasteries. As this was denied by the mayor and citizens, 
 the respective parties ultimately agreed to submit the case " to the award of 
 John Smalman and James Boyle, esquires, learned in the law, who upon hearing 
 of the matter decided, with every respect for the goodwill, zeal, affection, and 
 love shown by the said Gregory Price to the city, that he, his heirs and 
 executors, should henceforth yearly at the feast of St. Michael the Archangel, 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 177 
 
 satisfy, content, and pay the said yearly rent unto the mayor, citizens, and 
 commonalty of Hereford and their successors, which the said Gregory Price 
 agreed to do for Jiimself and his heirs for ever."^ 
 
 Although the regulations sometimes caused difficulty, that forhade citizens 
 to hold the mayoralty, or replace vacancies in the council and other puljlic offices 
 if at the same time they were in the service of persons of rank and intiueuce 
 possessing interests antagonistic to those of the city, yet so important did the 
 citizens consider this enactment, that in the reioii of Elizabeth it was at a law- 
 day again renewed and confirmed. 
 
 " Whereas, heretofore, time whereof the memory of man runneth not to the 
 contrary, as well in the cittie of Hereford as in all other well ordered citties and 
 towns in this realm of England, the citizens and inhabitants of the same have most 
 gladly and willingly submitted and yielded themselves to all ancient, laudable, 
 and good custoraes, made and devised for their own conmioditie, wealth, and benefit. 
 And of their own good will and zeale, have in this cittie always observed 
 and obeyed those good laws and customes as becometh them. Until now of late, 
 partly by means of innovation, partly by means of ambition, which hath made 
 an attempt, and in manner hath already crept in, and made an entry into the 
 stomach of such as by oath and dutie, should both wish and do well to their 
 neighbours and co-citizens, and maintain and encourage officers within the same, 
 to the lawful and well using of their officers, to tlie apparent show and token of 
 their good wills and natural love towards the commonwealth of the cittie where 
 they dwell. Which dutiful service of many witliin the citie of Hereford now 
 waxetli cold and faint, to the great abasing and discouraging of many good 
 citizens there, who else would willingly do their duties, to the no little 
 hinderance of justice, the neglecting of the prince's service, and finally, to tlie 
 encouraging of many evil disposed persons. 
 
 "And whereas, divers the inhabitants of this cittie, freemen, and guild 
 merchants, as well after their admission as citizens as since, have yielded 
 themselves to be retained in the service of diverse gentlemen dwellinu; out of the 
 cittie, making their only stay upon their masters, and thereby not able, or at least 
 not regarding sufficiently, to discharge their duties towards the queen's majestic, 
 nor the quiet government of this cittie, according to their oaths taken for the 
 
 ^ The site of St. Guthlac's Priory is now occupied by the workhouse and county prison, 
 which are still liable to this rent charge, and arc also bound to repair the chancel of the church 
 of St. Peter in this city. 
 
 A A 
 
178 AXCIENT CUSTOMS OF HE RE FORD. [chap. x. 
 
 maintenance of the good ancient laws, custoraes, and ordinances of the same, at 
 such time as they were admitted and sworn freemen and guild merchants there. 
 Which in the end, without speedy regard be had to the reformation thereof, is 
 very likely to breed present and imminent danger to the commonwealth of the 
 cittie, besides the great sclander to be spread of the rulers and governors of the 
 same. 
 
 " For reformation and avoiding thereof it is therefore thought good, ordained, 
 established, and decreed at this general law-day, and by authority of the mayor 
 and the three inquests sworn, that no manner of person, of what estate or degree 
 he or they be, shall at any time from henceforth be eligible or elected, chosen, 
 admitted, sworn, allowed, or accepted to bear any office, or rule as mayor, 
 common council man, king's bailiff, customer, town clerk, sword bearer, Serjeant 
 at mace, or porter within the said cittie or liberties thereof, being in any wise 
 servant or retained and belonging to any persons whatsoever by badge, cognizance, 
 livery, fee, wages, or by any other ways or means whatsoever ; unless the same 
 persons elected and chosen to such office shall be cormorant and abiding within 
 the city as a householder and guild-merchant, unretained in manner before 
 mentioned." 
 
 " Provided always, it shall be lawful for any person learned in the laws of 
 the realm, to receive the fee of any gentleman of worship to be his counsel, or 
 steward of his court, not wearing his livery : such are not to be impeached upon 
 this ordinance for receiving any such fee, any clause or branch herein notwith- 
 standing." 
 
 Two years after the passing of this enactment, James Yayden, a member of 
 the council, was summoned to take the mayoralty, and thereby placed in a very 
 unpleasant dilemma, in consequence of his holding appointments at the same 
 time both under the cathedral and city authorities. Having been obliged to 
 decline the chief magistracy, to the " evil example of others," Yayden was amerced 
 by his brethren to the amount of twenty pounds, and, as he refused to pay the 
 fine, was committed to ward at the Booth-hall, there to remain until he was 
 willing to make the satisfaction required. Subsequently he entered into an 
 undertaking to abide by the award of the council, and accordingly obtained his 
 release, the penalty being reduced to six pounds tliirteen shillings and foui-pence, 
 which was directed to be employed in the reparation of the market house. He 
 thus became exempt from serving the mayoralty for the four years next ensuing. 
 From the fact of Yayden being one of the coimcil, and holding office under the 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 179 
 
 dean and chapter, it is probable his election as councillor took place before the 
 ordinance previously described was so strictly enforced. 
 
 But time flew swiftly, and Yayden on the 18th of September, five years 
 later, found the day of election fast approaching, and doubtless having received 
 intimation that the market house was again in a ruinous condition, and by no 
 means wishing to give a further contribution towards its renovation, he presented 
 the following petition : — 
 
 "To the right worshipful Mr. John Barkeley, gentleman, mayor of the 
 citie of Hereford, his brethren, the aldermen, and the election of the citie. 
 Whereas, I, your worships humble petitioner James Yayden, most unworthy one 
 of the election of the citie, and also being registrar to the right worshipful the 
 dean and chapter of the cathedral church, by reason whereof my personal 
 presence and attendance is required in all assemblies and meetings, as well of 
 your worships, as in all assemblies of the dean and chapter. To do this is 
 impossible for me your petitioner, by reason that sundry and divers days and 
 times it so falls out, that the assemblies of your worships touching the affairs of 
 this city, and of the dean and chapter and their affairs, do happen and fall upon 
 the same day, and at one instant hour, so that your petitioner must of necessity 
 be offensive to your worships, or to the dean and chapter, and hath been, as to 
 your worships is not unknown. Wherefore your petitioner, considering the chief 
 force and effect of his own living, and maintenance of his wife and family, 
 depending on the offices under the dean and chapter, to which he must of 
 necessity apply or forego the same offices to his hindrance and undoing. The 
 premises considered, I James Yayden, your humble petitioner, do advisedly declare 
 and expressly surrender, renounce, and relinquish my place and room of being 
 one of the number of the election of the city, most hiimbly and instantly 
 beseeching your worships to accept and allow thereof, and to provide and make 
 your choice of a meet and more convenient person to supply and occupy my 
 room and place. 
 
 " And I, your petitioner, will not only remain a true and loyal subject and 
 citizen during my life, but shall also daily pray for your worships prosperous 
 state, and the common weale and good government of the said worshipful city, as 
 to my duty appertaineth." 
 
 In compliance with this urgent request, Yayden was declared for ever 
 absolved and discharged from his room or place of common councilman, and 
 exempted from all duties attached to that ofhce. 
 
180 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 A few years j)revioiisly another member of the election had excused himself 
 from taking the mayoralty on account of illness, but, although liis plea was 
 admitted, he did not escape without paying a fine. "Whereas the Monday 
 before the feast of St. Lawrence the Martyr, the common council of the city of 
 Hereford in the guildhall there, being the day and place for the nomination of 
 him that should be mayor of the city for the year following, did nominate John 
 Sheward, one of the common council, who, as well then as at this day, declared 
 himself not able in body to exercise that office, which excuse now seemeth not 
 only to the council but also to the right worshipful John Scudamore of Homme, 
 esquire, steward of the city, to be true and confirmed. Therefore the council, at 
 the humble suit of John Sheward, and being moved thereto by the said steward, 
 do at this day, on consideration of the sum of five pounds taxed upon John 
 Sheward in the name of a fine for tlie use of tlie city, clearly discharge and 
 unburden John Sheward from the office of mayor for ever." 
 
 A circumstance is recorded, temp. Elizabeth, of a freeman losing his 
 franchise, where the ruling powers, in passing the order, seem to have acted 
 with uncalled-for severity. An action was connnenced in the court of Queen's 
 Bench by a citizen named Parrott against Walter Hurdman, alderman, and 
 Thomas Clarke, town clerk, on account of certain slanderous words asserted to 
 have been used by them concerning the defamation of the complainant's 
 character. The mayor and council in conclave assembled decided that Perrott 
 had taken a wrong course in prosecuting his suit in the court of Queen's Bench, 
 and that he must surcease and prosecute such action in the city court of record 
 before the mayor and aldermen ; otherwise submit to disfranchisement. The 
 mayor and his colleagues argued that by ancient custom and ordinances, and for 
 avoiding foreign suits, all business of that description should be determined at 
 the Hereford court ; therefore, as Parrott positively refused to have his cause so 
 tried, they adjudged he should forfeit his freedom. 
 
 Before the passing of the Eeform Act, many corporate cities and towns 
 were accounted close boroughs, and, as freemen alone then possessed the right of 
 voting for members of Parliament, the number of inhabitants in the smaller 
 towns entitled to exercise that privilege was often extremely limited ; tiuis it 
 frequently happened that a wealthy or popular man had sufficient influence to 
 cany the election in favour of his nominee. Hereford could not be considered 
 a close borough with regard to the number of voters, but at one time only 
 those citizens were eligible to serve in Parliament who belonged to the 
 
CHAP. X.] ANCIJ^JST CUSTOMS OF IIERF^FORD. 181. 
 
 common council, and this restriction placed the city in a somewhat similar 
 position. 
 
 At a law-day held before Pdchard Partridge, mayor, in 1558, it was ordered, 
 " That whereas in tlie tenth year of King Henry VIII, in the time of Eichard 
 Phillipps, then mayor, it was ordained at a law-day holden by consent of the 
 mayor, liis brethren, and the three inquests, that no person should be elected or 
 admitted citizen for Parliament, except he were of the election and common 
 council of the city. And whereas the said ordinance hath been for light causes 
 thought void by some persons within the city, and caused contention to grow in 
 the same. Forasmuch as the ordinance hath been and is found very profitable 
 to the city, therefore, for avoiding further doubt and contention, it is ordained, 
 enacted, and agreed by the mayor, the steward, the mayor's brethren, and the 
 three inquests, at this jDresent law-day sworn, that from henceforth no person 
 shall be elected nor admitted citizen for Parliament, except he be of the number 
 of the election of the city. The said ordinance to stand and abide in full 
 strength, virtue, and effect for ever. If any freeman of the city do give his 
 voice or make any labour or motion to the contrary of this ordinance, then such 
 freeman shall be reputed and taken as a perjured person, and be disfranchised." 
 
 IMembers of the House of Commons were formerly remunerated for their 
 services by assessments made on the citizens, Eelativ^e to "this subject, an entry 
 appears in the Corporation jMinute Book, 1618, when it was ordered by Philip 
 Symonds, mayor, and the major part of the council, " That the common council, 
 every one of them within their wards with some others, shall assess their wards 
 with a double tax for satisfying John Hoskyns, Esquire, late one of the 
 burgesses of Parliament for the same city, of ninety-two pounds, allowed hini 
 by the king's writ, now in the sheriff's, for his parliamentary expenses for nine 
 hundred and odd days, after the rate of two shillings per diem," 
 
 The right of citizens to assess inhabitants residing in the bishop's or dean 
 and chapter's fees, towards defraying expenses incurred by burgesses returned as 
 members of Parliament, was often disputed by the church authorities. In the 
 reign of Charles II, the matter was, after much discussion, referred to Sir John 
 Bridgman, chief justice of Chester, one of the last lord presidents of the 
 Marches of Wales, who gave his decision in favour of the citizens, upon this 
 ground, that a decree by the lord president and council in the principality and 
 marches, made and passed Henry VIII, had been produced and shown to him, 
 by which it appeared the inhabitants and tenants of the bishop's fee should pay 
 
182 ANCIENT CUSTOMS OF HEREFORD. [criAr. x. 
 
 a proportionate part in sucli parliamentary expenses. Only one class of electors 
 was exempt from this tax, namely, those freemen residing in hospitals or 
 almshouses in the city and suburbs. 
 
 A few years after the accession of Charles I, an ordinance dating from 
 pre-re formation times Avas again enforced, respecting the sale of meat in Lent, 
 From directions sent by the mayor to the serjeants-at-mace of the various wards, 
 it appears all dealers in provisions were strictly forbidden, under penalty of 
 losing their right of trading, to sell meat during this season. 
 
 " St. Owen's Ward." 
 
 "By virtue of the king's majesty's proclamation for restraint of killing, 
 dressing, and eating of flesh in Lent tyme, and also other tymes prohibited. 
 These letters will and require you forthwith, upon receipt hereof, to give notice, 
 summons, and warning to all innkeepers, cooks, butchers, tavern keepers of 
 ordinary tables, alehouse keepers, and victuallers within the said city of Hereford, 
 to come personally and appear upon Friday next, being the 19th day of 
 February, in the new Market House of the same, by one o'clock of the afternoon 
 of the same day, and that they bring with them sufficient sureties to enter into 
 recognizances to his majesty's use, to do and perform such things as by the said 
 proclamation is required ; letting them understand that such of them as make 
 default of their appearance be discharged of their faculty, and to enter into a 
 bond not to use their faculty henceforth ; and that you yourselves be there to 
 deliver a note in writing of the names of such persons. Whereof fail you not, 
 as you will answer the contrary at your periL — ^Your friend, James Carwardine, 
 mayor. 
 
 " Hereford, 14th February, 1628." 
 
 Formerly the mayor and council had the entire management of the city 
 charities, with the exception of those under the patronage of private families, or 
 established and conducted by the church. The rapid decline in the trade and 
 prosperity of the city, after the destruction of the corn and cloth mills before 
 mentioned, caused great distress amongst the working classes, and the town 
 gradually fell into a state of ruin and decay. During the sixteenth and 
 seventeenth centuries numerous bequests were made, not only by citizens, but 
 also by strangers, in order to alleviate the extreme destitution of the people, in 
 fact the greater proportion of the city charities were then founded. 
 
 By a deed dated 25th February 1392, Eichard II granted to the custos and 
 mendicants of St. Giles, in the suburbs of Hereford, a right to buy or receive 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 1?3 
 
 lauds, tenements, or profits, to the yearly value of one hundred shillings, for the 
 maintenance and support of the poor brethren and their successors.^ Tliis is 
 one of the most ancient institutions in the city ; in 1516 it was ordered that the 
 custos of St. Giles should give in his accounts yearly to the mayor and council 
 at the law-day before the feast of our Lord ; and three years subsequently it was 
 further ordered : — 
 
 " That the custos of Seynt Gyles that now is, or he that shall be custos in 
 time to come, shall not lease or grant to farm any lands belonging to Seynt Gyles 
 for a term of yeares, nor admit no man to inhabit within the said house as a 
 bedeman, without the assent and consent of the mayor and his brethren ; if he 
 do otherwise than is above said, then the lease or grant of the said lands, or the 
 nomination of any person to the house, to be void." 
 
 In 1682 Mr. Cox, custos of the college of vicars, erected the present chapel, 
 but, originally, divine service for the almsmen was celebrated in a round fabric 
 known as the Synagogue, probably so called from being the ancient site of the 
 Jews' place of worship, this hospital, as before stated, being built upon their 
 confiscated property. 
 
 The mayor and council had formerly the privilege of nominating the 
 chaplain to St. Giles's Hospital, and during the reign of Queen Elizabeth, 
 successively appointed Sir Giles Snell, Sir John Eawlins, Sir Eobert Lovatt, Sir 
 Eichard Mason, and Sir Luke Prosser, clerks. Of the first named gentleman it 
 is recorded that "John Barkley, mayor, being informed that Sir Giles Snell, 
 lately admitted chaplain of St. Giles's chapel, in the city of Hereford, had for a 
 long time neglected to do divine service there, according to the first foundation 
 thereof, and yet continueth in his negligence, in consideration whereof the mayor, 
 minding the foundation of the said chapel to be observed to the honour of God 
 and the comfort of the city, after deliberate examinations, by the advice of his 
 brethren whose names be subscribed, hath decreed to remove Sir Giles from the 
 service, and hath chosen, elected, and appointed Sir John Eawlins, clerk, to be 
 chaplain of the chapel during his life, observing and fulfilling the foundation 
 according to the words thereof." 
 
 Adjoining that of St. Giles is another almshouse, founded and endowed in the 
 beginning of the seventeenth century, by Mr. Eichard Williams, a servitor of 
 
 1 Built into the walls of the present hospital are a few carved stones, also an ancient 
 tympanum, probably the remains of the old edifice occupied by the custos and mendicants of 
 St. GilfS. 
 
184 ANCIENT CUSTOMS OF IIEREFOliD. [chap. x. 
 
 Lord Cobham. The original building having suffered considerable dilapidations 
 during the civil war, it was found necessary to rebuild it ; this was done in 1675, 
 under the direction of the custos, Bridstock Harford, esquire. 
 
 The almshouse now known as Trinity Hospital was founded about tlie year 
 1600 by Mr. Tlionias Kerry, a citizen of llereford, but who, at the time he made 
 this bequest, had removed and settled in a distant county. 
 
 His reasons for instituting the almshouse are stated in his will, as follows : 
 " That in duty to his father and mother and other relations for tlie lands and 
 goods left him by them, also in consideration of property bequeathed him by 
 Richard Eidge, sometime abbot of I^etley, and for the due performance of tlie 
 charitable intent and meaning of his father and other friends, also considering 
 the infinite number of poor people, especially of the older sort, in the city of 
 Hereford (being the place where he was born), and the small relief the same poor 
 liad," he leaves certain property appertaining to him, within the walls of the city, 
 to found an almshouse for twelve poor widows and three unmarried men, one of 
 the latter to be called the governor. After nominating the first inmates of the 
 almshouse, the founder ordains " that there shall be a common seal to sign all 
 business transactions, with the picture of a death's head, having also this 
 circumscription about the same, viz., memento mori, the said common seal to be 
 kept in a chest fast locked, in some convenient place in the hospital." Mr. 
 Kerry mentions in his will the rules for the general management of the 
 institution, and especially declares that if at any time his own kin should 
 happen to apply for admission, they w^ere to be preferred. 
 
 One of the most commodious and best endowed almshouses in this city was 
 founded in the reign of James I by Mr. William Price, citizen and merchant 
 tailor, of London. It consists of twelve dwellings, for a like number of poor 
 men, and has a chapel attached. This is the only city hospital in Hereford 
 subject to visitorial inspection, the dean being nominated visitor by deed coeval 
 with its foundation. 
 
 Another London citizen, named John Walters, in 1656, having heard of the 
 great destitution which prevailed, left twenty pounds per annum " for the use 
 and comfort of the poor people inhabiting within or about the city of Hereford, 
 and for the poor distressed prisoners lying in the prisons therein; with the humble 
 desire and request that the right worshipful the mayor and chief governor of 
 Hereford, calling to him some of his brethren to assist him, will be pleased every 
 year, between the beginning and middle of November, in tender love and 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 185 
 
 compassion towards the distressed poor of that city, to treat and deal with one 
 or more able and sufficient inhabitants that have dealings in London, to pay the 
 sum of twenty pounds to three or four able, charitable, and well-disposed men 
 of the city, for distributing amongst the said poor. But none living in any 
 almshouse or having any certainty of means of maintenance shall in any wise 
 partake of that charity. I further desire that on the 20th day of December 
 yearly, or within two days of that day, the parties entrusted to distribute the 
 money shall go to the dwellings of those to whom the moneys are to be given, to 
 give and distribute to every person, for their better comfort against the coming 
 good time, such portion of those moneys as shall be thought fit in the 
 judgment of the trustees." This bequegt is charged upon certain property 
 left by the testator for that purpose, and is paid by the Drapers' Company 
 in London. 
 
 In a presentment roll dated 1634, amongst other things, the three inquests 
 presented, " we do allow that none but decayed tradesmen shall be admitted into 
 any hospital, except it be freemen." 
 
 Amongst the minor charities of the city, a sum of money was bequeathed 
 by Mr. William Harper, 1640, to be expended in teaching poor children some 
 trade by which they might gain a livelihood. An agreement entered into for this 
 purpose in 1681, between the mayor and corporation, trustees of this charity, and 
 John Jones, currier, is to the following effect : — -" John Jones and Katherine his 
 wife agree, on consideration of being paid five pounds, that they will teach or 
 cause to be taught in their own dwelling-house ten poor children of the city, to 
 be chosen and placed by the corporation in the care of the said Katherine, the 
 art or mystery of spinning worsted or jersey for the space of six weeks, each of 
 the children to be about eleven years of age. 
 
 " In case any happen to die or run away before the expiration of the said six 
 weeks, the said John and Katherine shall take and receive another to make good 
 the number. And they engage to provide sufficient spinning work for all the 
 children, and pay unto them such proportion as they deserve for 'their work. 
 Lastly, the mayor and aldermen agi-ee to find ten spinning wheels to employ the 
 said children, which are to be returned in good order to the mayor and council 
 if required. And all the children shall be kept, while they are learning to spin, 
 by the mayor and council. In case any difference arise between the children and 
 their master or mistress, concerning their work or otherwise, the same shall be 
 heard and finally determined by the mayor and aldermen appointed to super- 
 
 B B 
 
186 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 intend the work, and punish and correct the children as they shall think fit at 
 their discretion." 
 
 To one of the earlier bishops of the diocese the citizens are indebted for the 
 establishment of the Grammar School, founded by Bishop Gilbert in 1384, for 
 the purpose of affording gratuitous instruction to the sons of poor inhabitants. 
 In the course of time the original endowment proved insufficient for the support 
 and extension of the school, and therefore about the year 1574, a petition was 
 presented to Lord Burleigh from the dean and chapter of Hereford, requesting 
 that " a free grammar school should be founded there, to serve as commodiously 
 for the training of the youth of South Wales, as Shrewsbury did for the youth 
 of North Wales."^ But no alteration appears to have taken place until 1583, 
 when a statute was passed increasing the salaries of the head master and usher, 
 and shortly after the dean and chapter received a letter from the queen's 
 commissioners appointing the head master under new regulations. 
 
 " To the right worshipful our very loving friends the Dean and Chapter of 
 the Cathedral Church of Hereford. Salutem in Christo. — Among other statutes 
 which we by virtue of our commission have made for the good government of 
 that church, there is one that especially concerneth the erection of a grammar 
 school, to be moderate, and taught by a schoolmaster and an uslier. And, 
 because we have a special care that the first man to be placed in the room of the 
 schoolmaster there, should be such a one as may be an example for the like 
 hereafter when occasion shall require, we have thought good to recommend you 
 this bearer, Mr. May, whom by good prudence we know to be of very honest 
 conversation, zealous in religion, skilful in tongues, painful in teaching, and in 
 all respects very meet for that place. And therefore we heartily pray you as 
 Avell to admit the same Mr. May to be schoolmaster there, as also to make choice 
 of some other honest, godly, and painful man to be usher, whom you shall think 
 good ; and also not doubting but that you remember to make ready the house for 
 their lodgings, that, at Michaelmas next, being the time appointed for the said 
 school to begin, they may enter upon the same accordingly. 
 
 " We commit you and all your doings to the direction of God's Holy Spirit. 
 From Hartlebury, 17th July, 1583. Your loving friends, J° Wigorn. 
 Tho8 Wilson, Kicha Cosin." 
 
 By a statute of Charles I, revising and confirming that of Elizabeth, " It is 
 ordered, that the school be under the patronage of the dean and chapter, who 
 1 *' Shrewsbury School, Past and Present," Blackwood's Magazine, 1866. 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 187 
 
 shall govern it by proper ordinances and laws. That the head master shall have 
 for his salary twenty pounds per annum, the usher ten pounds per annum ; these 
 salaries to arise from such yearly sums or annuities, as were formerly left to be 
 distributed on festivals and on the days of St. Thomas, St. Bartholomew, and 
 St. Lawrence. 
 
 "Also from the moneys left about the year 1174 by David de Aqua, canon 
 of Hereford, for making simnels and milborough loaves, given to the canons and 
 parochial priests of Hereford. Also from the land left by Hugh, priest of 
 St. Martin, for buying wine for the chaplain ; and likewise from the mass pence, 
 which were first instituted by Ealph Maydenstan, who for that use appropriated 
 the church of Beysham to the chapter of Hereford. And, if aught should be 
 wanting to complete the sum of twenty pounds and ten pounds per annum, it 
 should be satisfied out of the common profits of the church. It is also ordered 
 that the head master shall have the house and garden near the canon's bakehouse, 
 under the yearly rent of six shillings and eight pence. If the schoolmasters be 
 remiss, the dean and chapter are to admonish them twice, having cited them to 
 the chapter. If they mend not after two admonitions, they are to be turned out." 
 
 Amongst the rules made by the dean and chapter for the government of the 
 school in 1655, it was decreed that the schoolmaster might demand what sum he 
 thought fit, not exceeding five shillings for entrance, and twenty shillings per 
 annum, to be quarterly paid, for the sons of all free citizens, " saving only such as 
 are poor and unable so to do, who are to pay five shillings for entrance and left 
 to their own will for the rest." If any dispute arose touching the admission of 
 such poor citizens, it was ordered the same should be settled by the dean, or in 
 his absence by the canon residentiary of the cathedral church. 
 
 In the presentment made at a General Sessions held during Eichard 
 Cromwell's short protectorate, dated 13th January 1658, before the mayor 
 William Lane, the deputy steward William Gregory, and several justices, it 
 seems the citizens thought the time had arrived when, with a chance of 
 success, they might claim some of the patronage formerly vested in the church. 
 Amongst other things, the management and control of the grammar school 
 excited their jealousy. 
 
 " The jury desire the gentlemen that are elected to serve for this city in the 
 ensuing parliament, may be desired by this court to procure an Act of 
 Parliament for the particular things following : — 1st. For the opening of the 
 river Wye, and making it portable for barges and other boats to this city from the 
 
188 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 river Severn, and also from Wales. 2nd. For the continuing and repairing of 
 the Cathedral Church, according as hathe heen done by the last Parliament for 
 the Cathedral Church of Gloucester. 3rd. For the establishing of the main- 
 tenance of the Free School, and that the nomination of the masters thereof may 
 be in the mayor, aldermen, and citizens, that was formerly in the dean and 
 chapter. 4th. For the settling of the lands belonging to the hospital of St. 
 Ethelbert's and Thompson's gift, upon trust, for w^hich the late dean and 
 chapter held the same, and that the mayor and coimcil may have the nomination 
 of the master of the said hospital and gift. 5th. For settling the Canon 
 bakehouse dole, and the annual allowance of the same, and charging it upon 
 some particular revenue of the late dean and chapter, to be paid yearly to the 
 chamberlains of this city. 
 
 " The common council of the city likewise join their desires with the grand 
 jury, that the members to be elected for the city procure an act for the above 
 particulars. 
 
 " William Lane, mayor ; Wm. Gregory, esq., deputy steward ; Bridstock 
 Harford ; Eichard Phillpotts ; Thomas Church ; Thomas Maynard." 
 
 In the third and fourth items it will be observed the cathedral authorities 
 are termed the late dean and chapter. It is scarcely necessary to remark that 
 the application for the ecclesiastical patronage was unsuccessful. 
 
 At a court or view of frank pledge held at Hereford, 1686, the three 
 inquests presented Robert Phillipps, master of the grammar school, " for taking 
 and exacting of the freemen and inhabitants of the city the sum of five shillings 
 a quarter, for teaching the said freemen's children ; and that the school being a 
 free school, freemen ought not to be required to pay for their children's teaching 
 therein. Therefore the inquests humbly desire the mayor and council to 
 discourse the reverend dean and chapter thereon, being the governors of the said 
 free school, and to take effectual care that the school may be redressed, and the 
 ancient freedom thereof continued for the future." 
 
 After the reformation, as the influence and power of the clergy gradually 
 declined, the bishops of Hereford experienced greater difficulty in maintaining 
 their former privileges, especially when their authority, as in the case of St. 
 Ethelbert's fair, superseded or opposed that of the citizens. The mayor and other 
 civic officers from this time resisted with far more boldness and confidence any 
 attempt at interference, not only on the part of the bishops, but also frojn the 
 representatives of other fees having jurisdiction within the city. 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 189 
 
 One of the rights claimed by the bishops was that of possessing the keys of 
 the city gates during the nine days' fair, a custom extremely obnoxious to the 
 inhabitants, being considered derogatory to their dignity as free citizens. In 
 1607, the refusal of the mayor to deliver up the keys to the bishop's bailiff at 
 the time appointed was one of the charges brought against the citizens by 
 Bishop Bennett, in a threatening and characteristic letter sent by him to the 
 mayor, Mr. William Carwardine ; but although the latter replies in a conciliatory 
 manner, he shows no disposition to yield to the bishop's demand. As evincing 
 the spirit in which the contending parties carried on the controversy, the 
 bishop's letter and the mayor's reply are inserted. 
 
 " Salutem in Christo. — I am advised that you have lately committed many 
 prejudices to my liberties in Hereford, and many violences to my tenants there. 
 You enter into my liberties, make attachments, do executions, summon my 
 tenants to your courts, implead them at your pleasure, cast them into prison and 
 lay irons upon them, and that for petty and small matters. And herewith not 
 content, you have called for the bailiff of my fee, drawn him to your court, 
 imprisoned him, and resolved to bind him over to his good behaviour. 
 
 " Wherein I must tell you, you have forgotten the laws of the realm, trans- 
 gressed your own charter, and violated my privileges, which are more ancient 
 than your city ; and at this present time you have denied to my bailiff the 
 custody and keys of my gates, and set a contrary watch in your city to encounter 
 my watch, and made way to give occasion of outrage, were not my bayliff more 
 discreet than you. And you have sought to disgrace both him and me, by 
 commanding the sextons and churchwardens not to suffer the bells to be rung 
 as customary, time out of mind. Also you have begun a special practice of 
 greedy gain, to call and enforce every poor man of my fee that has a coat to put 
 upon him, to become a sworn man of your city, to weaken and disgrace my 
 liberty, and that no man might be left of worth or wit able to supply the place 
 of bayliff to my credit. 
 
 " You have usurped my liberties, and taken advantage of my predecessors' 
 absence, or negligent regard of their own right, and it is probable that I should 
 have as negligently looked into the same matters, had not you by these courses 
 given me just and urgent reason to do so. The old proverb is, ' It is not good to 
 wake a sleeping dog', as you have done, and perad venture also taken the woK by 
 the ears. I hear of your words, ' He that will stand friend to the bishop's 
 liberties, shall find no favour at our hands.' Besides, you have encroached upon 
 
190 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 my liberties, assuming to yourselves the execution of many things without 
 authority, contrary to your own charter and composition, of which haply you 
 may hear hereafter. 
 
 " For be you well assured I know your charter, and every branch of it, and 
 you have given me occasion to search into my own records, so be well assured 
 that, if there be strength in law for me, I will bring you back again within the 
 compass of your own right. If these violent courses proceed by the common 
 consent of your whole body, of which I will not be persuaded, I shall be the 
 more sorry I have deserved such things at your body ; if it be your eagerness 
 for some particular that have made you opposites to my liberties, I expected 
 more love at some of your hands. Some fair countenances of good acceptance I 
 have had, but many men can hide their natures until they come to the face of 
 authority ; then magistratus virum indicat. 
 
 " You are, I suppose, led by counsel to do these things so far beyond the 
 compass of your own reach, but your counsel may perhaps leave you when you 
 are in danger. But of these differences between my privileges and your 
 authority I design to make the law the judge. In the meantime, I require at 
 your hands, as my right, the custody and keys of your gates, to be delivered to 
 my bailiff during the time of my fair, which is reasonable and customary, for the 
 king hath granted unto me your city to be the place where to keep my fair, with 
 free ingress, egress, and regress. For if it be my fair, it foUoweth in consequence 
 I must rule there during that time ; and my watch must be suffered to look to 
 the preservation of peace and good order tliere, being street-ward within your 
 city during the fair, and within my fee the rest of the year. 
 
 "Thirdly, that you will give liberty to my servants and men of my fee, 
 whom you detain in prison for offences which are within the jurisdiction of my 
 court. Lastly, I wish you to be well advised in your enterprises, lest the world 
 condemn you for those troubles and questions which may hereafter ensue. And 
 if hereafter I shall withdraw my hand from your city, wherein I might have 
 hindered you, the whole body shall lay the matter to your charge. So I 
 commend you to the mercies of God. From Whitbourne this 23rd of May, 
 1607. — Your friend in Christ, Robert Herefokd." 
 
 Reply of the mayor and aldermen of the city to the Bishop of Hereford. 
 
 " All reverend and dutiful respect to your lordship remembered. We 
 received your lordship's letter of the 23rd of May, the answer whereunto hath 
 been deferred, not out of any disrespect or negligence, but out of careful regard 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 191 
 
 that a letter of so deep importance and severe expostulation might not be well 
 replied to upon short time and slight consideration. 
 
 " Could your lordship vouchsafe to condescend so low as to look into the 
 sincerity of our hearts, and the truth of their accusations that procured those 
 informations against us, we are so confident of the justice of our cause, and the 
 honourable censure of your wisdom, that we assure ourselves that were your 
 pen in your hand again you would not tax us as transgressors of your charter, 
 violators of your privileges, encroachers upon your liberties, practisers of greedy 
 gain, undertakers of humorous courses, or condemn our judicial proceedings, 
 and the ancient and lawful exercise of our liberties, upon the private complaints 
 of men whom we cannot conjecture to deserve of your lordship equal credit 
 with the meanest of our company, especially when there has been no public 
 proof, no mutual examination of those unhappy rising controversies betwixt 
 your lordship and this city, warranting these imputations. But your lordship 
 hath received, believed, and resolved upon these suggestions. 
 
 "Have the mayor and aldermen of this city during the time of your 
 bountiful and gladsome residence here so basely carried themselves under your 
 lordship's eyes, or so perversely opposed themselves as to be imputed 'some 
 fair countenances of good acceptance,' so that you are no sooner removed 
 from us in body, to our great discomfort, but presently your good opinion is 
 alienated and your judgment bent to go to law with us, to the wasting of 
 the estate of this city, and estranging the affection of so reverend, so liberal 
 a lord bishop, as that no age ever knew a better, nor shall any age know a 
 better beloved. 
 
 " Our very good lord, we are so far from desiring to contest with you, that 
 for the spiritual and temporal blessings which we receive from you we would 
 depart from anything to show ourselves thankful, but our oaths and duties will 
 not suffer us to part with any of the dignities or privileges of so ancient a city, 
 neither would your wisdom and conscience desire it. As for impleadings, 
 imprisonments, executions, and other proceedings against your tenants, ofi&cers, 
 or private men of your fee, we know nothing done by our public assent that is 
 not justifiable by our charter and customs. Your lordship might happily have 
 particularised some persons and cases, which may then have been sufficiently 
 answered. 
 
 " As for remitting any person or causes to your lordship's pretended court 
 baron, or the nine days' court of pye powder, the proper settlement of such hath 
 
192 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 anciently belonged to our leet turns, sessions of the peace, or other court of 
 record. As for delivering up the keys of our city, or forbearing the watch of 
 our city at any time, we humbly pray at your lordship's hands a favourable 
 construction of an absolute denial. But if in these points or any other 
 it shall please your lordship to make a case of your claim and our supposed 
 encroachment, we will in a few words lay down our title, and be contented to 
 refer the determination thereof to any judge of this land or other learned in the 
 laws of this realm. 
 
 "In the meantime, it shall be a principal favour done to our patient 
 attendance of your determination if you shall not suffer your ears to be abused 
 with groundless clamours of right or wrongs, nor suffer us to be subjected to 
 undeserved and unfit checks and controversies, being a body politic formed by 
 law and not by nature, free from all passions of hopes and fears, that nourish, 
 yield, and presume often in natural bodies, being limited by law in our actions, 
 for which we are answerable to God, our king, and his judges if we move beyond 
 bounds. Lastly, we beseech you to consider what miserable alterations it will be 
 to this place, which enjoyed the light of the gospel gloriously, and multiplied by 
 your presence, to have the fire of dissension cast amongst us by your lordsliip's 
 meaning getting blown abroad and maintained in your absence under shadow of 
 your name. 
 
 " Our very good lord, we doubt not we may safely appeal to your own further 
 advertisement of the sequel of these differences, and we do not venture to 
 recommend the Christian, hearty, and reverend loves of us all unto your 
 fatherly consideration, but shall all and ever pray God to preserve you long in the 
 see, to our spiritual comfort and your happiness. And so we humbly take our 
 leaves. — From Hereford, 1607." 
 
 A correspondence of a more friendly description a few years later passed 
 beween the mayor and Sir Thomas Coningsby, the representative of the knights 
 Hospitallers. The lordship of this manor ultimately passed into the possession 
 of the crown, and was afterwards purchased, with the adjoining monastery of 
 the Black Friars, by the Coningsby family. The buildings of the monastery 
 in 1613 had fallen into a ruinous condition, but a few rooms still remained in 
 a sufficient state of repair to allow the occasional residence of the proprietor ; 
 and from thence Sir Thomas dates a letter addressed to the mayor, complaining 
 of certain dues, payable to his manor from the city, being withheld, and also of 
 other encroachments on his liberties : — 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 193 
 
 "To the right worshipful Walter Morris, Esq., mayor of the city of 
 Hereford, be these delivered. 
 
 "Good Mr. Mayor, — T intended yesterday morning to have been at the 
 lecture, and to have had conveniently a conference with you concerning this my 
 poor manor and liberty of the Hospital of St. John of Jerusalem, yet very 
 antient, albeit in late years much intruded upon, but that abrogateth no right, 
 although somewhat obscureth it. 
 
 " Sir, I required Eoger Bird, together with John Davies my bailiff for the 
 time being, at my departure hence about All Hallow-tide last, to attend upon 
 you and signify on my behalf that I found, by conference with my steward and 
 clerk of my court rolls, as well ancient as of late, several tenures and services 
 due from and withholden by the mayor and commonalty, although from time to 
 time amerced and anciently levied. And also further intrusions made by some 
 mean and under officers. 
 
 " Of all these matters I desired a friendly fighting, as one that ever affected 
 the good and common weal of your city, and much more since I was interested 
 within its circumference. But respecting your resolution, Eoger Bird first 
 wrote unto me that you would consult with the council of the city. At another 
 time when he solicited you about it, he had a reply that then it was near 
 Christmas, but after the feast he should receive answer. Afterwards I repaired 
 hither a full week before quarter sessions, and continued here a fortnight, but 
 received no reply by him, nor my attorney attending me on my return home to 
 take directions for my business of that kind in his handling. I appointed my 
 attorney to proceed to trial of some suits formerly taken and continued upon 
 some parley had by interposing friends at the last assizes. Yesterday, in the 
 evening, I received a message from you and the rest of your company, brought 
 by your predecessor, my ancient friend Mr. Thomas Williams, desiring to know 
 my resolution concerning that suit now to be tried at this assize. To whom I 
 made bold to return no direct answer, intending to acquaint you by letter with 
 my resolution therein, a ad pourtray unto you my desire in that and the rest of 
 my proceedings. 
 
 "I assure you I have as large words of leets, liberties, privileges, and 
 franchises as the knights commanders ever had, exercised, or enjoyed. They 
 that know what they were in their times may be able to conjecture that these 
 were very large. Thus much, good Mr. Mayor, was my intention to have 
 spoken to you yesterday morning if we had met. Leaving all to your just and 
 
 c c 
 
194 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 friendly consideration, and myself a wellwisher of you all in particular and in 
 general ; so desire to rest, your very loving friend to command, Thomas 
 CONINGSBY, Blackfriars, Sth March, 1613." 
 
 Tlie reply of Mayor of Hereford to Sir Thomas Coningsby. 
 " Sir, — With a thankful acknowledgement of the great love and good 
 respect towards our city, not only appearing in your present letter, but many 
 times heretofore really testified by worthy acts, I should have been sorry to 
 have failed in any conference where you might have had satisfaction for 
 differences already happened, or hereafter likely to arise, concerning the liberties 
 you claim within the precincts of our city. But the messenger gave me no 
 notice of any time or place of meeting, and I am tied to the office, which this 
 year must over-rule all private affection in me, although another year it were a 
 duty, and I know your wisdom will hold me excused. 
 
 " But to apply myself to answer your letter, which consists of two parts, 
 tenures and services withheld from you by our city, and intrusions made into 
 your liberties. For the first part, I thought it strange that this corporation, that 
 hath by successive charters possessed the lordship and all the royalties of 
 Hereford which William the Conqueror had, as appears in Domesday Book, 
 being first a manor, then a town, now a city, should owe suit or service to any 
 inferior or included jurisdiction. But counsel told me it might be so if any 
 other jurisdiction had priority of grants from the kings of this land, or if we 
 had by deed in writing, or acts in law, concluded ourselves, or if use and 
 practice ran accordingly without interruption. Therefore on that point having 
 informed myself from my brethren, and not finding that any mayor or chief 
 magistrate of this city ever did any service to your court (my love and all other 
 comely correspondence otherwise saved), I must do no more than my pre- 
 decessors have done, until the course of law showing authentic deeds shall 
 over-rule the oath I have taken, and from which nothing but law can free me. 
 
 " Respecting the second part, of intrusions, it depends somewhat upon the 
 first, for if your liberty be within the precincts of ours, is not precedent or 
 superior to ours, that point controverted, the question is sooner ended, and 
 therein two things wiU be examinable, rights or charters from the king, and 
 usage or prescription, of whatsoever I found this city quietly possessed of ; if I 
 endeavour to keep possession of it, I know you cannot but think it proceeds 
 rather from the care of an honest mayor than the humour of a contentious 
 man. 
 
CHAP. X.] ANCIENT CUSTOMS OF HEREFORD. 195 
 
 " Therefore I refer myself for better direction to a conference, if it shall so 
 please you, to be held between your counsel learned in the law and ours, both 
 parties to judge, and upon view of evidences to decide, which right will guide 
 and rectify the possession. I understand of only one action depending, which is 
 an action of trespass brought by Scott against one Wotton, now our serjeant, for 
 entering into Scott's house. Had it appeared to us that the action had been 
 brought in anything Wotton did in right of his office directed by our authority, 
 then would I have conceived that action might have defeated our liberties ; but 
 by sight of the declaration, and conference with Wotton, I find no such matter. 
 Unless I shall understand from you of some further intention, I shall leave that 
 to the parties and their counsel ; only this much I can say, almost ever since 
 Scott hath dwelt there, he hath been presented at our sessions for keeping an 
 alehouse without licence, often punished, never amended. As I heard, the 
 house comes of a late purchase out of the king's hands, a hand that clears all 
 liberty but his own, which is our king's fee. I know no other bench of justice, 
 but only ours, that can give execution of the statute of Edward VI of alehouses 
 and other statutes within the great ring or circuit of this city, exempted from 
 the shire ; and I have not heard that you claim the practice of these statutes 
 within your liberties. But it is not my meaning to prejudice or prevent the 
 friendly treaty of men skilful in the law, on this point or any other wherein 
 either party should give the other satisfaction. 
 
 " I heartily thank you that by Mr. Williams' speech delivered to us, you 
 were pleased to let us understand so much of your mind. I entreat your 
 favourable interpretation of this letter, assuring you that I and my brethren w4U 
 all by ourselves give you contentment in all things, without the loss of our 
 ancient liberties and shipwreck of our good consciences. And so, committing 
 your safety to God, and assuring you of all love and respect of our city, I take 
 leave, and rest your friend, Walter Morris. 
 
 " To the right worshipful Sir Thomas Coningsby be these delivered." 
 
 The year following the interchange of these letters, Sir Thomas appro- 
 priated his property at the Blackfriars to a charitable purpose, and commenced 
 building thereon the substantial and commodious hospital which now bears his 
 name. It is constructed in the form of a quadrangle, with a chapel attached, 
 and contains accommodation for a corporal and ten servitors, chosen from 
 superannuated soldiers, or old and faithful servants. In the deed enrolled in 
 Chancery by Sir Thomas Coningsby, it is stated that, " being seized in fee of 
 
196 ANCIENT CUSTOMS OF HEREFORD. [chap. x. 
 
 houses, lands, and parcels of the commandry which were the inheritance of those 
 knights of St. John of Jerusalem formerly employed in the sustentation of 
 Christian valour and courage, the said Sir Thomas ordained and constituted that 
 all that quadrangle or square building of stone should be and remain a hospital 
 for ever, under the name of Coningsby's hospital of old servitors, in the suburbs 
 of the city of Hereford." 
 
 The owner in fee of Hampton Court is styled the commander of the 
 hospital, by order of the founder, and always addressed as such by the pensioners, 
 "in memory of those worthy governors who once presided over the military 
 society in that place". The ancient seal^ belonging to this hospital bore the 
 suitable inscription, " soies soldathoes hesiathokes ne hablathokes", which 
 may be thus translated, " Let soldiers be fighters and not talkers". 
 
 > Delineated by Dingley in hie History from Marble^ printed for the Camden Society, 1867. 
 
CHAP. XI. j 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 197 
 
 CHAPTEK XI. 
 
 Hereford during the Civil War — Inhabitants favour Royal Cause — Besieged by Scottish 
 Army — Account of Losses then sustained — Augmentation of Arms — Bravery of 
 Defenders — Petition of Jane Merrick — Pass from Wroth Rogers — Leaders of Royalist 
 Party — Mr. Scudamore and Mr. Walwyn prisoners in the Castle — Convention Parlia- 
 ment — General Election — Electioneering Pamphlet — Address from Corporation — Local 
 Tokens — Letter from Lord Coningsby. 
 
 F the troublous times which preceded the common- 
 wealth, it is needful to make a few remarks. 
 The leading families of the city and county of 
 Hereford, with few exceptions, warmly espoused 
 the royal cause, and, consequently, early partici- 
 pated in the miseries of civil war. Hostilities 
 were formally declared between Charles I and 
 his Parliament in 1642, and shortly after, a 
 detachment of the parliamentary forces appeared 
 before this city, of which they gained possession 
 with little difficulty, owing to the suddenness 
 and rapidity of their movements; consequently, 
 the attack being unexpected, no adequate preparation had been made for a 
 successful resistance. The occupation by the enemy^s troops, however, was 
 of short duration ; and on their departure without leaving a sufficient garrison 
 to hold the town, it again passed into the hands of the royalists. Popular 
 feeling at Hereford, even before the positive outbreak of civil war, was strongly 
 in favour of the king, to whom the majority of citizens firmly adhered until 
 they were overpowered and compelled by adverse circumstances to make an 
 unwilling submission. 
 
 The rough usage sustained by a puritan minister, attacked by the populace 
 whilst endeavouring to preach in the summer of 1642, is deplored by Lady 
 Brilliana Harley of Brampton Bryan in this county, who writes as follows in a 
 letter to her son, dated June 20th : — 
 
 " This day Mr. Davies came from Hereford, where he went to preach by 
 entreaty of some in the town, and this befell him. When he had ended his 
 
198 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 prayer before the sermon, which he was short in, because he was loth to tire 
 them, two men went out of the church and cryed, ' Pray God blees the kinge ; 
 this man does not pray for the kinge ;' upon which, before he read his text, he 
 told them that ministers had that liberty to pray before or after the sermon for 
 church and state. For all that, they went to the bells and range, and a great 
 many went into the church-yard and cryed, ' roundheads'; and some said, ' let 
 us cast stones at him !' and he could not look out of doors, nor Mr. Lane, but 
 they cryed 'roundhead'. In the afternoon they would not let him preach, so he 
 went to the cathedral. Thos that had any goodness weare much trubelled, and 
 weepe much."^ 
 
 In the following year Hereford was again besieged and retaken, after 
 making a short resistance ; but the parliamentarians, as in the first instance, 
 speedily evacuated the town, without deriving any permanent advantage from 
 its capture. The citizens were however compelled to pay a heavy ransom of 
 three thousand pounds, and about twenty leading royalists witliin the walls 
 surrendered themselves prisoners. Immediately the parliamentary army quitted 
 Hereford, it was re-occupied by the king's adherents, who forthwith proceeded to 
 repair and strengthen the fortifications. 
 
 Two years later, 1645, the most important siege took place which the city 
 sustained during these disturbances. Its defence was at that time entrusted to 
 Colonel Scudamore and Colonel Coningsby, both of whom were pre-eminently 
 distinguished for their loyalty and bravery. They held the city successfully, for 
 nearly six weeks, against a strong force of Scottish parliamentary auxiliaries 
 commanded by Lord Leven. At the end of that time, the enemy, having received 
 tidings of the king's approach at the head of a powerful force, raised the siege 
 and retreated northwards.^ Some estimation of the immense loss and damage 
 sustained by those inhabitants who resided within range of the Scottish army 
 
 1 Letters of Lady Brilliana Harley, arranged by the Lady Frances Vernon Harcourt, 
 with introduction and notes by the Rev. Thomas Taylor Lewis, M.A., Vicar of Bridstow, 
 Herefordshire. 
 
 2 At the beginning of the present century there was, in a meadow near Eigne, eastward 
 of this city, a wide entrance leading to a subterranean passage called Scot's hole, and within 
 the memory of persons yet living, it has been explored for some distance in the direction of 
 Hereford. Near this place bullets also have been dug up. Some antiquaries have supposed 
 the passage to be a mine made by the Scots during the siege ; others, that it was an under- 
 ground communication from St. Guthlac's priory to the Vineyard, where it is said a religious 
 establishment was formerly situated. 
 
CHAP. XL] ANCIENT CUSTOMS OF HEREFORD. 199 
 
 may be formed from an account given in a rare and curious pamphlet written 
 soon after these occurrences, entitled — 
 
 " A true and impartiall accounte of the plunderings, losses, and sufferings of 
 the county of Hereford by the Scottish army during their siege before the city 
 of Hereford, Anno Dom. 1645. Since brought in by the country in writing; 
 published in this juncture of time for the undeceiving of the people, who may 
 perhaps fancy to themselves some unimaginable advantages by stickling for the 
 Scots and their partizans in this nation. By Miles Hill, gent., London, 1650. 
 
 " To the Christian reader. — An abstract taken of the losses, dammages, and 
 plunderings of one hundred and six small parishes within the county of 
 Hereford by the Scottish army, commanded by General Leven, in which the 
 poor inhabitants thereof lost, as by a true accompt ready to be attested upon 
 oath, under the hands of the officers and chief of every parish, appeareth. 
 
 " In which county are seventy parishes more which suffered in like nature, 
 as much, if not more, as is verily believed, which brought not in their accompts 
 to be put to public view, by reason of some disaffected to the business being 
 Scotified persons. In the prosecution of which were divers houses rifled, doors, 
 chests, and trunks broken open, several families undone, most of all their cattle, 
 horses, and goods taken from them, much money, plate, jewels, and all kinds of 
 rich household stuffe, rings, and other rich commodities, as wearing apparel, 
 linnen, books, the plate and linnen of divers churches, neere all the horses, 
 mares, and colts that ever they set their eyes upon, as wel from friends as 
 others. Which the reader may see, if he please, in an inventory as it was 
 taken and brought in writing unto Miles Hill, gentleman, at the city of 
 Hereford, in the moneth of September 1646, being the severall accompts of 
 each parish, at the Major man's house at the signe of the Boote, hard by the 
 Fountaine taverne in the Strand. These outrages being committed in July and 
 August the year before, as they lay in siege before the city of that county. 
 
 "Their body of foote had then close begirt it, who had their provision 
 brought into them by the poor country men, they consisting of nine thousand 
 and odd persons ; their horse that guarded these foote were about fifteen 
 hundred, David Lesley having marched with the rest towards Scotland. As 
 soon as they entered the county, the spoil being divided, most of it by those 
 horse left to guard these foote, there being many hundred of women , and 
 baggage horses ready to receive it, who packed it up, who did constantly march 
 with this army. 
 
200 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 "Reader, if thou hadst been present to have seen the cryes these poor 
 people made, if thy heart had not been hard, it would have melted into tears 
 with them; considering that this axroj, coming in with the prayers of the 
 kirke as brethren, should doe such things, and all within the space of thirty-six 
 days. The siege began the 29th of July, 1645, and rose up the 2nd of 
 September following, and left the city unattempted or taken." 
 
 The inventory alluded to in the foregoing address is then given of all the 
 parishes that sustained losses by the enemy's depredations ; also the amount to 
 which the inhabitants were plundered ; but space will only admit of the insertion 
 of those in the immediate neighbourhood of the city : — 
 
 £ s. d. 
 490 
 
 " Taken and plundered from the parishioners of Morde- 
 ford to the value of - 
 
 " Taken and plundered from the inhabitants of Holmer 
 to the value of - 
 
 " Taken and plundered from the inhabitants of Hamp- 
 ton Bishop to the value of - - - 
 
 "Taken and plundered from the inhabitants of With- 
 ington to the value of - 
 
 "Taken and plundered from the inhabitants of Hunt- 
 ington to the value of - 
 
 "Taken and plundered from the inhabitants of Dine- ) .„. ^ 
 der to the value of - - _ - 
 
 "Taken from Eetherose and the inhabitants there to 
 the value of - - - - - 
 
 531 7 4 
 
 511 18 4 
 
 485 13 8 
 
 140 9 3 
 
 206 
 
 "Besides the dammage, plundering, and losses of the seventy parishes 
 which brought not in their accounts ; with divers gentlemen and persons that 
 neglected to bring in their accounts, that lived within the one hundred and sixty 
 parishes herein accounted for, which is expected might have amounted neere 
 the summe of £30,000 more : the totall of the whole is £61,743 5s. 2d." 
 
 The Scottish army finally took their departure on the 2nd of September, 
 and two days later Charles I entered Hereford, where he was received with 
 every demonstration of enthusiastic loyalty. As a reward to the citizens for 
 their brave and successful defence of the town, the king, during his short stay, 
 granted an honourable augmentation of the city arms under a patent, of which 
 the following is a copy : — 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 201 
 
 " The patent of the addition to the coat-armour of the ancient and truly 
 loyall city of Hereford. 
 
 "To all and singular unto whom these presents shall come. Sir Edward 
 Walker, knight, Garter principal King of Arms of Englishmen, sendeth 
 greeting. 
 
 "Whereas it is not agreeable to justice and reason that those persons, 
 families, or cities that have excelled in wisdome, fidelitie, and emuient service to 
 their prince and countrey in times of warr should have no due regard for such 
 their worthy and valiant actions ; and as the barbarous multitude of rebells and 
 their many and traitorous practices against his majesty's sacred person, the 
 religion, laws, and liberties of his majesty's kingdomes, have excelled the 
 example of former ages, and have thereby rendered the duty, courage, and 
 loyaltie of those who have valiantlie and faithfully adhered to his majesty the 
 more perspicuous and deserving esteem, soe there hath not any citie since the 
 beginning of this unnatural rebellion expressed greater fidelitie and courage 
 than the city of Hereford, in continuing their allegiance and resisting the many 
 attempts of the rebells. 
 
 "The greatness of their loyaltie, courage, and undaunted resolution did 
 most eminently appear when, being strictly besieged for the space of five weeks 
 by a powerful army of rebellious Scots, and having no hopes of relief, they, 
 joineing with the garrison and doing the duty of souldiers, then defended them- 
 selves, and repell'd their fury and assaults with such singular Constance and 
 resolution, and with such great destruction of the besiegers, as that they are 
 thereby become the wonder of their neighbouring garrisons, and may be an 
 example to all other cities, and therefore do justly deserve such characters of 
 honour as may certifie to posteritie. 
 
 " Know ye, therefore, that I, the sayd Sir Edward Walker, knight, Garter 
 principal King at Arms of Englishmen, by the power and authority annexed to 
 my office of Garter, and confirmed to me by his majesty's letters patent under 
 the great seal of England, and likewise his especial command and direction, 
 have devised and sett forth such an addition and augmentation of arms with 
 crest, supporters, and motto, unto and for the said citty, and by whom it was 
 besieged, viz. : — 
 
 " About the ancient arms of the citty being gules, three lions passant 
 gardant argent : on a bordure azure, x cross saltiers or, Scottish crosses argent, 
 supported by two lions rampant gardant argent, each collared azure, and on 
 
 D D 
 
202 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 each collar three huckles or, in reference to the armes of the rebellious general 
 Lesley Earle of Leven ; and for the crest, on a helme and torse of the ciillars 
 mantled gules, doubled argent, a lion passant gardant argent, holding in his 
 right paw a sword erected proper, hilted and pomelled or ; and in an escroule 
 underneath this motto, ' Invictse fidelitatis prsemium.' 
 
 "Wliich augmentation of arms, crest, supporters, and motto, I do hereby 
 grant and assign unto the now mayor, aldermen, and corporation of the citty of 
 Hereford, to be by them and their successors for ever set forthe upon all 
 occasions as the proper arms of that citty. 
 
 " In witness whereof I have hereunto subscribed my name, and affixed the 
 scale of my office, this sixteenth day of September, in the one and twentieth 
 year of the reign of our sovereign Charles, by the grace of God, King of 
 England, Scotland, France, and Ireland, defender of the faith, etc., and in the 
 year of our Lord 1645." 
 
 The last success which attended the unfortunate king was the relief of 
 Hereford, for after quitting this city he met with repeated reverses, until nearly 
 all the fortified places in the kingdom had fallen into the possession of his 
 enemies, to whom the final reduction of Hereford now became of great 
 importance. A detachment of the parliamentary army under the command of 
 Colonel Birch, was therefore sent against it a few months after the events above 
 narrated, and on the 10th of December 1645, the town was taken by stratagem. 
 Amongst other plunder the captors seized eleven pieces of ordnance, forty 
 barrels of powder, and money and plate to the amount of forty thousand pounds.^ 
 
 During the siege of Hereford by the Scots, the inhabitants defended their 
 city with undaunted courage against greatly superior numbers ; even women 
 lent their assistance in carrying ammunition and casting up earthworks. Some 
 years after peace was restored, one of these devoted adherents to the royal 
 cause presented a petition to the mayor, praying some relief in her poverty, for 
 like many other faithful servants of the king she had little substantial reward, 
 although the honour of being publicly presented to Charles upon his entry into 
 Hereford had been bestowed upon her, when her services were acknowledged, 
 and she received the thanks of her sovereign. 
 
 " The petition of Jane Merrick. Most humbly sheweth unto your worships, 
 that your petitioner was bred and borne within the citie of Hereford ; and that 
 
 ^ For further particulars of these events see Duncumb's History of Herefordshire, and 
 "Webb's History of the Civil Wars in Herefordshire. 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 203 
 
 when the Scots beleagiired the citie, your poor petitioner was sorely wounded in 
 several parts of her body and limbs, being at that time a casting up workes for 
 the defence of the citie, which is not unknown to the whole citie and inhabitants 
 thereof. That when his late majesty of blessed memorie did make his recourse 
 to the city after the siege was rose, at the market place your poore petitioner was 
 brought before his Grace, who considering her sadd mishap, did out of his 
 gracious favour, then promise her that she should be cared for, since which time 
 she cannot have any redress or succour all this while, although she has oftentimes 
 petitioned." 
 
 In reply to this pathetic appeal the Court ordered the petitioner an 
 allowance of twenty shillings, but it does not appear whether it was an annual 
 allowance or merely temporary assistance. 
 
 The arbitrary measures pursued by Cromwell alienated from his party 
 many of the first supporters of the revolution ; amongst these was Colonel 
 Edward Harley, one of the members for Herefordshire, whose family had from 
 the commencement of the differences between the king and his parliament, been 
 conspicuous for their support and adherence to the latter. Colonel Harley 
 having, with other members of the House of Commons, opposed the extreme 
 views of the Protector, was commanded to surrender himself prisoner at 
 Hereford on the pretext of his disaffection to the government, and from this 
 time for the space of ten years he was not allowed to reside in Ms native 
 county. The following safe pass to London, granted to Colonel Harley after his 
 surrender, by Wroth Eogers, Lieutenant- Colonel in Cromwell's army, then 
 stationed at Hereford, is taken from the appendix to the Lady Brilliana Harley's 
 Letters, a work previously quoted, containing interesting information concerning 
 this period of our history. The document is endorsed by Colonel Harley. 
 
 " Pass from Wroth Eogers when I was disarmed and imprisoned, August 
 10th, 1650.— E. H. 
 
 " These are to desire that all officers and soldiers and all others whom it 
 may concern, to permitt and suffer the bearer hereof, Collonell Edward Harley, 
 with his three servants and fower horses, quietly to pass from the cittee of 
 Hereford unto the cittee of London without any trouble or molestation, hee 
 acting nothing prejudiciall to the commonwealth. Given under my hand this 
 day tenth of August, 1650. (Signed) Wkoth Eogers." 
 
 The energetic parliamentarian officer Wroth Eogers, by whom the above 
 pass was signed, had been appointed by Cromwell governor of Hereford Castle, 
 
204 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 and in that capacity exercised extensive authority both in the city and county. 
 His influence was further extended by his appointment as president of a 
 commission, under which several confiscated estates in Herefordshire were sold 
 at a comparatively nominal value to persons favouring the interests, of the 
 commonwealth. Wroth Eogers was returned as one of the members of the 
 county, and made a city magistrate ; we find him also repeatedly mentioned in 
 the records as acting conjointly with the mayor, hearing and receiving e'sddence 
 in the disputes which at that time were constantly arising between the royalists 
 and parliamentarians. 
 
 Amongst the most influential leaders of the royalists, John Scudamore of 
 Kentchurch, and Nicholas Walwyn of Much Marcle stand pre-eminent. Their 
 party, although defeated, yet possessed many adherents in Hereford, and 
 numerous affrays took place between them and the ruling powers. One of 
 these occurred in 1657, when a charge was preferred against Mr. Scudamore for 
 an assault stated to have been committed by him upon Matthew Price, one of 
 the commissioners appointed to collect the proportion payable from Hereford 
 towards an assessment levied that year throughout the country by order of 
 parliament. An abridgment of the evidence given by witnesses in this and 
 the following case will serve to demonstrate more forcibly than the most 
 elaborate description the party feeling of that day. 
 
 The witnesses for Matthew Price being examined, the first, Thomas N'ott> 
 deposed that he had seen Mr. Scudamore strike four blows with a good hollinge 
 rod at Matthew Price at the back of his (Price's) house, into which he afterwards 
 came, and in the hall there gave Price several other blows upon his hands and 
 shoulders. A second witness stated that he saw Mr. Scudamore run against 
 Price, striking and riding after him to the stable door, so that he was fain to run 
 in there for safety, crying out to his man for help. Also he heard Mr. Scudamore 
 say to Mr. Walwyn, who was with him, '* Let me alone, and I will despatch 
 him." 
 
 A soldier in Captain Clarges* troop gave evidence that he saw Mr. 
 Scudamore and Mr. Walwyn riding furiously about, crying, " Fall on, fall on !'' 
 and that the latter struck at Mr. Price's man two or three times. Another 
 soldier in the same troop deposed, that after the greatest business was over, Mr. 
 Scudamore struck Price upon the shoulder, saying if he had a sword he would 
 cut him over the nose. 
 
 Mr, Walwyn, witness on the part of defendant, said he saw Price run 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 205 
 
 fiercely with a fork at Mr. Scudamore, calling out to his servants, "Swords 
 drawn, and pistols cocked." Afterwards, Price's servant struck Mr. Scudamore 
 several blows with a great pole taken out of the wood pile, and one Thomas 
 Phillips ran at him with a spit ; the said Mr. Scudamore having neither sword 
 nor pistol about him, but only one birching rod in his hand. Deponent further 
 stated Price then caused his gates to be shut, and detained Mr. Scudamore 
 prisoner until a guard of soldiers came and secured him. Other witnesses were 
 examined, their evidence being to the same effect as above, but the termination 
 of the affair is not found amongst the papers relating to these transactions. 
 
 A more serious disturbance occurred in the month of October of the same 
 year at the Sun Tavern, an ancient hostelry which formerly stood in the High 
 Town. It appears that a party of gentlemen were assembled upon some matter 
 of business in a room at the tavern, amongst them Mr, Walwyn and Mr. 
 Scudamore. Upon certain other persons attempting to intrude into this 
 company, the fray began. The original occupiers of the apartment forbade the 
 new comers to venture any further at their peril, and, drawing their swords, a 
 general skirmish ensued. The constables were then called in, aad endeavoured 
 to quell the tumult, but apparently were not successful, from the following 
 account given by one of them in his deposition before the magistrates : — 
 
 " Walter Davies, mercer, one of the chief constables of the city, deposed 
 that he was required by the mayor on Saturday last to go to the Sun Tavern to 
 suppress a mutiny there between divers gentlemen, and being informed they 
 were divided into two several parties, one in the fore part of the house, the 
 other in the back, deponent and Mr. Whalley, his associate chief constable, went 
 to a room at the back, and when he came to the topmost step of the stairs the 
 door of the room was hastily and violently locked against him. But before the 
 door was shut, he saw one of the persons there with a drawn sword in his hand, 
 and another swore at him, and said if he came in there it should be at his 
 peril. Whereupon deponent, for Jm own safety, was enforced to retreat down 
 stairs, but Mr. Pitt came after him with his drawn sword, so that he was 
 obliged with his fellow-officers to repair to the honourable Wroth Eogers, the 
 governor, for a supply of soldiers to assist in appeasing the mutiny." 
 
 The soldiers having arrived, the leading rioters were taken prisoners and 
 conveyed to the castle; the deposition of another witness for the prosecution 
 gives a description of their conduct whilst in custody there, - 
 
 John Norman, of the city of Hereford, gentleman, deposed that " Mr. Pitt 
 
206 ANCIENT CUSTOMS OF HEREFORD. [chap, xl 
 
 and Mr. "Walwyn, with otliers, for certain misdemeanours committed by them, 
 were brought to the castle of Hereford, and he heard Mr. Walwyn whilst there 
 speak as follows : ' Are we brought into a gaol or amongst a company of 
 rogues V which words Mr. Pitt seemed to countenance and approve of. And 
 then they both began to hollow and howlc in a rude and uncivil way, and asked, 
 'What! has your governor no men to answer a man in this garrison?' To 
 which demand deponent replied, ' Gentlemen, be satisfied, the governor is not 
 here.' Whereupon Mr. Walwyn put two pieces of gold in the hands of Mr. 
 Scudamore, who was one of the company, and then said he would fight with 
 the governor or any governor in England. Deponent then put down a piece of 
 silver, which Mr. Walwyn threw disdainfully into the fire. Deponent requested 
 Mr. Walwyn to fetch him his money out of the fire, or else he would tlirow 
 him behind it. To this he (Mr. Walwyn) replied with an oath he would rather 
 be burnt. than do so. The more Mr. Pitt and Mr. Walwyn were desired to be 
 quiet, so much the more did they both uncivilly hollow and howle." 
 
 Mr. Scudamore gave evidence in favour of Mr. Walwyn, stating he and 
 other gentlemen had been rudely and forcibly interrupted at the inn. That one 
 Mr. Morgan had struck Mr. Pitt and threatened him with the sword, and before 
 the guard of musketeers came to attack them they had done nothing contrary to 
 law, but had submitted to the constable's authority and retired in a peaceable 
 manner. Deponent further said that when he and the others were taken to the 
 castle, Norman, without provocation, challenged any gentleman in the company 
 to fight with him, and afterwards struck Mr. Walwyn so violently that he fell 
 with his head in the fire. 
 
 Notwithstanding his friend's testimony in his favour, Mr. Walwyn, before 
 he obtained his release, was compelled to enter into a bond for forty pounds, 
 payable to the Lord Protector, and to find two sureties, who became bound in 
 the amount of twenty pounds each for his appearance at the next general 
 sessions for the city ; also, that meanwhile he should keep the peace towards his 
 Highness and the commonwealth. 
 
 In the course of the year following these occurrences, Cromwell died, and 
 in 1660 a convention parliament, that is, a parliament assembled without the 
 king's writ, voted the restoration of Charles II, when the monarchical form of 
 government was again fully established. On this occasion, the members 
 returned for Hereford were Eoger Bosworth and Herbert Westfaling. The first 
 general election after the restoration took place in 1661, when Westfaling again 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 207 
 
 came forward as one of the candidates for the city. He was a member of a 
 Herefordshire family who had given their adhesion to the commonwealth, and 
 was warmly opposed by Sir Edward Hopton and Sir Henry Lingen, both 
 staunch royalists. This general election caused great excitement throughout 
 the kingdom; in Hereford the contesting parties canvassed with energy, and 
 exhibited much violence and animosity. One of the charges made by Sir 
 Edward Hopton's adherents against the opposing party was to the effect, that 
 they endeavoured to gain the election by unfair means, and had, by shutting up 
 the mayor in the guildhall, prevented the proper fulfilment of his duties. An 
 explanation of these proceedings was attempted in an electioneering pamphlet 
 written by an actor in the scene : — 
 
 " An answer of truth to a scandalous and false pamphlet, entitled, ' A true 
 remonstrance of the imprisonment and injury done unto the mayor of the city 
 of Hereford' upon the ninth and tenth days of April 1661, as he was in 
 execution of his majesty's service for the election of citizens to serve in the 
 next parliament for the said city. 
 
 " It cannot be denied but that Herbert Westfaling, Esq., was by general 
 consent of the freemen of the city of Hereford legally elected a member of 
 parliament for the city when his gracious majesty King Charles II was by the 
 said parliament restored to the crown and dignity. How studious he was to 
 perform that trust reposed upon him is sufficiently known to divers members 
 that were then of the said house. 
 
 "The citizens having knowledge of his care and fidelity during that 
 parliament resolved to elect him again to serve in the next with Sir Henry 
 Lingen, but Sir Edward Hopton began to oppose Mr. Westfaling clearly against 
 the affections of the citizens. Should I set forth what endeavours were used 
 by the two knights or their agents against this honest gentleman, and what 
 persecutions, threats, and imprisonments were practised against persons that 
 were for Mr. Westfaling, you may rather believe me to romance than speak 
 truth. 
 
 " The mayor of the city, contrary to his engagements, which was to make 
 no freemen on either side until the election was passed, did, under pretence of 
 a petition to the common council, which were all of his own packing, make 
 near four score freemen of all sorts at several times and places, not only after 
 the mandate received, but proclamation also made for the day of election. 
 Afterwards, at the request of Mr. Westfaling, he promised to call a house, and 
 
208 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 do as much for him ; but the knights or their agents did so prevail with the 
 common council that there were but fifteen present, and when the sixteenth was 
 coming, the mayor (having been in the house not above a quarter of an hour) 
 left, and so no freemen could be sworn that might give any voice for Mr. 
 Westfaling. 
 
 " On the day of election divers young men, being formerly denied their 
 freedom by the mayor unless they promised to give their votes for the knights, 
 gathered together to the Guildhall, resolving to demand their freedom of the 
 mayor, who being entered into the hall, one Mr. Veynhall, an honest gentleman, 
 and free of the city, came to the mayor and presented his eldest son, desiring 
 him to make him free, to whom James Lawrence answered, that he being alive, 
 his son could not be made free, and neither persuasions or entreaties could 
 prevail with the mayor to make any of them free that might be supposed would 
 give their votes for Mr. Westfaling. 
 
 "The two knights and divers other gentlemen, with a great number of 
 freemen, were waiting in the shire-hall to expect the mayor's coming thither, and 
 a report was made (as supposed by the knight's agents, seeing the great number 
 of freemen who intended to vote for Westfaling) that the mayor was detained in 
 the Guildhall. Whereupon Sir Henry Lingen and Sir Edward Hopton 
 commanded the trumpets to sound to horse, and immediately the horse appeared 
 in such a violent manner that they rode over men, women, and children, who 
 were in the streets and under the shire-hall; insomuch that 'tis verily believed 
 the young men then in the guildhall desiring the mayor to make them free, were 
 forced to shut the door to preserve the mayor and themselves from the danger of 
 the soldiers. Had there not been a considerable number of county gentry then 
 present (who had power in the militia as weU as the two knights) that persuaded 
 the townsmen to continue peaceable, there had been much blood spilt in that 
 rash act of sounding to horse. 
 
 " This uproar being pacified by the gentlemen, the mayor was by the two 
 knights and their agents brought unto the house of one James Wellington an 
 apothecary, where the mayor declaring for the knights, Mr. Westfaling demanded 
 a poll against Sir Edward Hopton, and allowed Sir Henry Lyngen, upon which 
 Sir Edward Hopton demanded a poU against both. Then the dispute was how 
 they should poll. The knights insisted upon polling together, and that each 
 freemen should declare for two persons. Mr, Westfaling insisted upon polling 
 only with Sir Edward Hopton. 
 
CHAP. XL] ANCIENT CUSTOMS OF HEREFORD. 209 
 
 "Upon this demand the mayor went to the shire-hall, commanded the 
 freemen of the city to draw together, and clerks were appointed on both sides to 
 take their names. The first polled was one Justice Phillpotts, who gave his vote 
 for Westfaling, and being asked who else he would vote for, answered he would 
 have one agreed upon before he declared for another. The next polled was one 
 Mr. Church, who gave his first vote for Westfaling, the second for Sir Henry 
 Lyngen. A third person being polled, the mayor made proclamation and 
 adjourned the court until seven o'clock next morning. He also commanded the 
 freemen to meet there again without any manner of weapons, offensive or 
 defensive, which proclamation and adjournment were duly observed by all the 
 freemen intending to vote for Westfaling. 
 
 "The mayor and knights having notice next morning that Westfaling's 
 number of freemen was much increased, and that if they proceeded to poll 
 according to the former adjournment, he would carry it against both the knights, 
 they consulted together, and went privately through a back door into the house 
 of one Matthews an apothecary, where the mayor delivered to several constables 
 a bundle of javelins or half pikes, contrary to his former proclamation, there 
 being no freeman in Westfaling's party that had so much as a cudgel. 
 
 " Amongst the number of those constables there was one that had a javelin 
 in his hand, who since his majesty's act of pardon was imprisoned for speaking 
 treason, which Justice Hill observing, and knowing the weapon to be his, 
 demanded it of him, and the fellow delivered it peaceably. But notice being 
 given to some of Sir Edward Hopton's party, they animated the fellow to take 
 it by force from Justice Hill ; he refusing to deliver it, the weapon was broke, 
 and the fellow received a small scar about the eye, which their remonstrance 
 terms a dangerous wound. 
 
 " Mr. Westfaling and his friends observing the mayor was persuaded not to 
 proceed to poll according to the adjournment, desired a gentleman to go to him, 
 one Eodd, who told the mayor Mr. Westfaling expected him according to the 
 adjournment. The mayor pretended danger in coming to the shire-hall, to 
 which Eodd replied the gentry would engage upon their honours there should be 
 no disturbance by Westfaling^s party. But the mayor refused to go to the poll, 
 or to proceed any further in a legal way of polling, and out at a window in the 
 lodging of Sir Edward Hopton, did presently declare the two knights to sit in 
 the next parliament for the city of Hereford, and bid Mr. Westfaling take his 
 course. This being done, Westfaling and his friends, with the major part of the 
 
 E E 
 
'210 A NCI Ji! NT CUSTOMS OF HEREFORD. [chap. xi. 
 
 freemen belonging to the city, continued in the sliire-liall until after twelve 
 o'clock, where the freemen subscribed their names in a written list, which 
 amounted to at least two hundred and fifty in number. Each person therein 
 named were freemen, lawfully sworn, and most of them considerable persons 
 belonging to the city. Then were there indentures made, signed by several 
 aldermen and common council, and delivered to the sheriff, in which Westfaling 
 was returned first, and Sir Henry Lyngen second. This being finished, 
 Westfaling was carried about the High Cross in a chair, attended by the 
 gentlemen and major part of the freemen of the city. Also by the generality of 
 the townspeople, men, women, and children, following and crying ' Westfaling, 
 Westfaling'. 
 
 " You must take notice that after the election was passed, one John Cook 
 of Hereford reported the mayor need not fear any suit that might be brought 
 against him for what he had done, for the two knights had given him bonds of 
 one or two thousand pounds to save him harmless. 
 
 " When you have read over this paper, which is the true manner how the 
 election was carried in the city of Hereford, be pleased to read an exact copy of 
 a letter written by the hand of one James Lawrence, an attorney-at-law, and 
 one of the common council for this city, directed unto Herbert Westfaling, the 
 10th of December 1660, at which time the said Herbert sat as member of 
 parliament for the city, and then returned a letter of thanks to the said James 
 Lawrence, declaring his resolution to continue a member for the city in the next 
 parliament if they should think fit to choose him. Notwithstanding this, James 
 Lawrence did violently act and engage against Mr. Westfaling, contrary to the 
 engagement under his own hand, which you may read as followeth : — 
 
 " ' Sir, I thought good to acquaint you that upon Thursday last as I was 
 taking horse to go home, I had private intelligence that some pretended friends of 
 yours had provided a burge-ship for you in another place, and that you would 
 resign. Therefore I thought good to forbear going home, and stayed all night to 
 confer with some agents ; and by the next day we so fixed it that if Sir Henry 
 and you think fit to it is impossible to remove it. Sir, the catching of another 
 may lose what you have and at present to be obtained, and may in the end prove 
 fatal to both. Changes are commonly dangerous, seldom prosperous, if specious 
 pretences draw you from a certainty to an uncertainty : pardon me if I tell you 
 my mind freely. 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 211 
 
 "'I should be loth that man should sit at the helm of government, and 
 expect little good from him that hath so great a neglect of himself. 
 
 " * Sir, if anything in this point renders me open to censure, 'tis because I am 
 studious to serve others without advantage to myself. Where I undertake I 
 will do it faithfully unto the death ; I was not made waterman fashion, 
 to look one way and row another. — Your affectionate friend and servant, 
 James Laweence.' 
 
 " Published at the request of divers gentry of the county of Hereford, and 
 especially for the good of all honest freemen belonging to the said city. 
 
 " No water-man I beseech you." 
 
 This interesting paper, printed in London, 1661, is now seldom met with. 
 
 One of the first proceedings of the new parliament, by which the members 
 testified their attachment to the throne, was to pass an act authorising the king 
 to levy a monetary contribution. Under the celebrated law, known as the 
 petition of right, ratified by Charles I, the sovereign could not legally call upon 
 his subjects for aid in money without the consent of the houses, and even on this 
 occasion, when the nation in reaction carried loyalty to extremes, it was expressly 
 stated the supply granted should not form a precedent for the future. 
 
 The order directing measures to be taken for collecting the required con- 
 tribution in Hereford, was signed by the mayor and one of the newly elected 
 members for the city. 
 
 " To the chief constables of the peace of St. Owen's Ward. By virtue of 
 the king's majesty's commission to us directed, to put into execution an Act of 
 Parliament, entitled, ' An Act for a free and voluntary present to his majesty'. 
 These are to will and require you, to give particular notice and warning to all 
 householders and inhabitants rated in public payments within your ward, that 
 we, with others, do intend to be at the new market house in the said city on 
 Friday next, being the fifteenth of this instant October, by one o'clock of the 
 afternoon of the same day ; then and there to take the subscription of all persons 
 of such sums of money, which they as a testimony of their affections to his 
 majesty, and for a supply of his present urgent and pressing occasions, shall 
 subscribe unto, according to the tenor of the said Act. Letting them know that 
 their appearance is desired and expected, and that their forwardness will very 
 much herein testify their love and affection to his majesty, who hath rather 
 chosen this way of a free gift from his people, than by any other way. And 
 be you then and there to make return of this precept, with a list of the names 
 
212 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 of all such as have notice given. Dated under our hands and seals, 14th 
 October, 1661. — James Lawrence, Mayor, Ed. Aldern, Herbert Westfaling." 
 
 In the year succeeding the restoration, the Council were beset with 
 petitions from persons who had suffered in the civil war, many of whom were 
 reduced to destitution. Amongst these came " Henry Tranter, a poore labouring 
 brickman, very aged, impotent, and utterly decayed by the power of Governor 
 Eogers in the late troublous times; who gave orders to take down, sell, and 
 carry away, a small tenement of your petitioner's built on the city waste by 
 grant from his late majesty, Charles I, deceased, for nothing but your petitioner's 
 fidelity to his majesty. 
 
 " Humbly craving, that your petitioner at several quarter sessions formerly 
 held, manifesting Ms low condition both to your worships and previous mayors 
 of the citie, had his petition long since filed for the grant of the next vacant 
 hospital of any poore almsman dying. There having been many poore since 
 departed life, and your poore petitioner hitherto unsettled and unprovided with 
 any relish at all, being a very poore man, of greate yeares and past work, haviug 
 spent most of his days for the goode of the citie, is now like to be lost and 
 utterly perish.'' 
 
 Another petition set forth, that the applicant's husband " had been a soldier 
 and served in the wars of his late majesty's service, of ever blessed memory ; in 
 which service he received many and grievous woundes and hurts, but he never 
 changed or altered from his former loyalty and first principles, although 
 thereunto many tymes required with great promises of reward." 
 
 In perusing the proceedings of the courts or view of frankpledge many 
 noteworthy items attract attention ; old customs, ancient buildings, and family 
 names of local celebrity, being frequently mentioned. The High Cross in the 
 market place, one of the oldest structures in the city, has long been removed, 
 but at the restoration it formed the rallying place of the citizens on public 
 occasions, as it had done for ages past. Some years previously, in 1633, the 
 three inquests had presented at a law-day, that in consequence of the necessary 
 repairs having been neglected, the Cross required considerable outlay. No means, 
 however, were taken for its preservation, and the following year the inquests 
 again stated, that " the High Cross has fallen into decay, and unless some speedy 
 course is taken to put it up again, it is like to fall to the ground, but whose 
 default it is we know not." 
 
 At the same court there is another entry of importance, viz., " We do not 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 213 
 
 allow the sheriff or his officers to attach within this cittie, unless he have a 
 mandate from Mr. Mayor, under penalty of £20." 
 
 The name of a lady well known to many antiquaries, from the book of her 
 household expenditure, published by the Camden Society, appears on a present- 
 ment dated 6tli of October 1640, when the three inquests presented " Joyce 
 Jeffreys, spinster, and Henry Wellington, for encroaching upon the king's 
 highway, by laying timber in the street, to the hindrance of his majesty's 
 passengers. And we do payne Joyce Jeffreys in 13s. 4d and Henry Wellington 
 in Qs. 8d. to remove the same before Christmas next." 
 
 An extract from a court roll, 1655, is characteristic of the peculiar 
 phraseology of the puritans : — " We do present John Swayles, for that he did 
 entertain one William Danyell drinking and tippling at the tyme of Divine 
 Service and Sermon. The last words are carefully altered, the pen being passed 
 through "service", and the words "exercise and publique sermon" substituted; this 
 alteration occurs whenever the words "Divine Service" are mentioned in the 
 presentments. 
 
 One of the justices of the city. Dr. Bridstock Harford, who had been a 
 strong supporter of the parliamentary party, was presented " for ploughing up an 
 anciente waye leading from St. Owen's Gate to Babilon door, and we do payne 
 him 39s., if not made good as formerly by September nexte." 
 
 Great alarm and consternation was caused throughout the kingdom by the 
 fearful plague of 1665 ; the metropolis suffered more especially, but some of the 
 country districts were also affected. Hereford apparently escaped contagion ; 
 several villages in the county, however, were less fortunate, and at a meeting 
 held the 20th September, by the mayor and council, in the guildhall, it was 
 resolved that : — 
 
 " Whereas it has pleased God hitherto out of His great mercy to preserve 
 this city from the present contagion of the plague, yet in regard divers towns 
 and villages in several places in this county are now infected, it is most requisite 
 by all due means to endeavour the continuing the preservation of this citie, 
 which the moste probable and effectual means under God is in keeping of strict 
 watches and wardes at the several gates and ports, for the preservation of the 
 comyng in of foreigners, strangers, or others, from infected places. 
 
 " Howbeit divers inhabitants of the cittie, out of willfulness or negligence, 
 have been very remiss in their duty of watching and warding, for remedy 
 whereof it is now ordered by the mayor, aldermen, and common council of the 
 
214 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 cittie, that all householders and inhabitants whatsoever within the cittie, suburbs, 
 liberties, wards, and constablewicks thereof, from henceforth, upon notice given 
 at their respective houses by any constable of the ward wherein they dwell, shall 
 watch in person, and in case the mayor shall see cause to dispense with personal 
 service, then by such subservient person at such place or places, and for such 
 tyme, not exceeding twenty-four hours at one time, as the mayor shall direct and 
 appoint. On payne of every one making default for such offence, Qs. 8d. to the 
 mayor, to be levied by distress, by warrant under the hands and seals of the 
 mayor and two justices of the peace, and sale of the offender's goods ; rendering 
 the overplus, the one half to be distributed to the relief of the poor, and the 
 other moiety for payment of such persons as shall watch and ward instead of the 
 persons so neglecting their duty. It is also ordered, that all innholders shall 
 from henceforth give notice to the mayor or justices of the peace, of all such 
 guests and strangers as they shall entertain within their houses, whereby it may 
 be known from whence they came, upon pain of forfeiting six shillings and eight 
 pence. It is also ordered that all constables, or other persons who shall be sued 
 or questioned for anything done in the execution of these orders, shall be saved 
 harmless by the mayor and citizens, and that former orders for cleansing the 
 streets and lanes be fully carried out." 
 
 The danger of the infection spreading was generally supposed, and 
 doubtless with some reason, to be greatly enhanced by the stage waggons, carriers, 
 and packmen. A certificate granted, giving a free pass to one of these men in 
 the month of August 1665, has the common seal of the city attached, and 
 testifies to the freedom of the carrier from infection ; also that the inhabitants 
 were "clean from the plague or other mortal desease". All communication 
 with infected places, whether by means of passengers, merchandise, or 
 carriers, was strictly forbidden, and the latter were compelled under certain 
 penalties to enter into recognizances that they would observe the prescribed 
 regulations. 
 
 One of these documents states, that " James Ely, mayor of Hereford, upon 
 the earnest request of Eobert Watts, made to the said mayor, to be permitted to 
 carry goods from the said citie to the Universitie of Oxforde, hathe thought fit 
 that the said Eobert shall carry all such goods as he shall be employed to caiTy 
 from this citie unto the Universitie of Oxforde, but the said Eobert shall not by 
 himself, his servants, or agents, directly or indirectly carry any passengers or 
 goods, by horses, waggons, or otherwise, that hathe or shall come from the citie 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 215 
 
 of London, or any other infected place, unto the citie of Hereford, in respect that 
 the said contagion now increaseth in and about the citie of London." 
 
 In the autumn of the same year numbers of passengers and large quantities 
 of goods were brought weekly by the carriers from the metropolis and places 
 adjacent, from whence all persons having the means were flying by hundreds. 
 Its remoteness from the scene of danger was advantageous to Hereford, but 
 evidently the increasing number of passengers by the stage waggons excited 
 alarm ; " therefore, and as a fitting means by God's blessing to keep the infection 
 from this city, the mayor, aldermen, and justices of the peace, do think fit and 
 order, that all carriers belonging unto this city, forbear to go either with 
 waggons or horses, or otherwise, to London or any places adjacent, from the 
 day of the date hereof for the space of one month next following, unless the 
 mayor and council shall give order to the contrary. And we do hereby further 
 order, that if any of them do presume to go, or send to London or parts adjacent, 
 they shall not be suffered to return to this citie of Hereford, nor to bring any 
 horses, waggons, packs, goods, or passengers, into the citie or liberties thereof, 
 but shall be further proceeded against according to the law, for such their 
 contempt." 
 
 Amongst the numerous applications made to the mayor for assistance, 
 petitions were frequently presented by young apprentices who, on account of 
 differences with their masters respecting their indentures or other causes, 
 considered themselves entitled to redress. These lads, when they entered the 
 service of tradesmen, had their names registered before the mayor, and to that 
 officer it seems to have been customary for them to appeal in difficulties. 
 
 An apprentice who had deserted his situation whilst the city was occupied 
 by the Parliamentary army, and enlisted in their service, presently essayed to 
 return to his former occupation ; his master, however, declined to overlook the 
 offence, and in this predicament the truant presented a petition to the mayor, 
 stating " that some dangers appearing in this commonwealth, he did for a short 
 time forsake his master, and was entertained in the castle in the state's service, 
 and presently after his disbanding he tendered his service to his master, 
 who refused to accept him, notwithstanding he had served his tyme, and 
 also three quarters of a year towards a year's service he undertook to serve as 
 servant." 
 
 At one time it was a frequent practice for unprincipled tradesmen, instead 
 of teaching apprentices their trade, to send them to London, where as link boys 
 
216 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 about the streets the neglected lads earned sufficient money to excite the 
 cupidity of the craftsmen to whom they were hound. A breach of contract of 
 this description formed the ground of accusation, when Francis Jones, apprentice 
 unto Thomas Purton, tobacco-pipe maker, of the city of Hereford, came before 
 the mayor, and according to the statute in that behalf, made his complaint, " that 
 his master did not teach him his trade, but employed him as a link boy in the 
 citie of London and suburbs thereof in the winter nights, to light gentlemen and 
 coaches, to gain money for his master. Whereupon the court, having considered 
 the complaint, upon hearing the matter, decided the said apprentice shall be free 
 from his master for the residue of the term of his indentures."^ 
 
 At rather a later date than the above, a memorandum occurs, relating to the 
 apprenticeship of a youth to serve in a distant colony, when " James, son of 
 Peter Harris, of the citie of Hereford, homer, was bound apprentice unto James 
 Walwyn of Longworth in the county of Hereford, merchant, on the 8th of 
 January, the fifth year of our sovereigns lord and lady William and Mary, for 
 the term of nine years from his arrival in the Island of Barbadoes". At the 
 same time a tailor, a wheelright, a weaver, and four labourers engaged to serve 
 the same employer for the space of seven years, commencing from their arrival 
 at Barbadoes. Probably this course was adopted to obtain legal authority over 
 the men, and more effectually to secure their services. 
 
 In the old book from whence the foregoing has been extracted are many 
 other indentures, and it is noteworthy that in the reign of William and Mary, 
 nearly one haK the boys entered were bound to glovers, a trade that, although 
 for many years followed extensively in Hereford, has now disappeared from the 
 neighbourhood. 
 
 Towards the close of Charles II's reign, great disunion existed between the 
 king and his parliament; one of the principal causes being the determination shown 
 by the latter to pass the celebrated Exclusion Bill, which it will be remembered 
 was brought forward by the Commons to prevent the succession of the Duke of 
 York to the throne of England. It is unnecessary here to enter upon this 
 subject further than to mention that the king, having published a declaration in 
 
 1 There is a tradition that in the indentures of apprentices at Hereford it was usual at one 
 time to insert a clause to the effect that masters should not compel their apprentices to dine 
 upon salmon more than twice a week, but, although the writer heard this statement from many- 
 reliable sources, he never met with the clause in any of the indentures preserved in the city 
 archives. 
 
CHAP. XI.] ANCJENT CUSTOMS OF IIEEEFOED. 217 
 
 1681 containing his reasons for dissolving the last two parliaments, addresses 
 were sent from all the corporate towns in the kingdom, either to gain the royal 
 favour, or from fear lest the republican form of government should again be 
 established. The tenour of these addresses is well exemplified by that sent from 
 tlie mayor and council of Hereford, and presented to the king at Windsor, 
 15th of May 1681. 
 
 " To the King's most excellent Majesty. The humble address of your most 
 loyal and dutiful subjects of the citie of Hereford. May it please your most 
 sacred majesty. Since we are very sensible that no age hath ever yet produced 
 any prince that hath with more justice, goodness, and mercy, swaid the sceptres 
 of the three kingdoms (blessings which our forefathers never had in a more 
 eminent degree of perfection, and all other nations never yet knew), we conceive 
 it our duty to manifest to your majesty and all the world, our just value and 
 grateful apprehensions of the happiness we enjoy under the best of kings and 
 most upright of governments. And however some ill men, to accomplish their 
 black designs, by attempting to subvert the government, slily insinuate to 
 credulous people, causeless fears and false jealousies of arbitrary power growing 
 upon us, yet the public manifestations your majesty hath at all times given to 
 your people of governing by the laws of the land, and by no other method, 
 (which we find your majesty holds to inviolably, and maintains as sacred), keep 
 us as safe from such mean apprehensions, as we are secure from the dismal 
 effects of such a way of government, wliich we have no cause to suspect, unless 
 it be from those that suggest it, nor from them either tiU they have subverted a 
 well-tempered monarchy and introduced their beloved tyrannical republic. 
 
 " We cannot but with all humble duty, loyal gratitude, and excess of joy, 
 observe your majesty's constant endeavours to give satisfaction and ease to the 
 minds of your subjects, not only in your strict adherence to and favour of the 
 true Protestant religion, but more especially in your late declaration, which 
 cannot but stop the mouths of the seditious and factious, preserve from apostasy 
 the doubtful, and confirm the loyalty of your best settled subjects. 
 
 " And that your majesty may see that we are Tiot pot/soned or likely to be so 
 by any seditious or factious designers ; we do unanimously and heartily assure 
 your sacred majesty, that we will stand by your majesty in the preservation of 
 your person, your heirs and lawful successors, and the government in church and 
 state as it is now by law established, with the last drop of our blood and penny 
 of our fortunes ; and shall be ready on all occasions cheerfully to give you such 
 
 F V 
 
218 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 large assistances as, joined with the proportionable supplies of other your majesty's 
 loyal subjects, may make your government great and easy to yourself at home, 
 and valued and feared by all your allies and neighbours abroad. We humbly 
 beg your sacred majesty, to give a gracious acceptance to the steddy resolutions 
 of us your most obedient and loyal subjects, which no time, no treachery, no 
 power, no fraud or faction, shall ever make us decline or alter. 
 
 " Your majesty's most humble, loyal, and obedient subjects and servants." 
 
 Notwithstanding the expressions of loyalty with which most of the 
 addresses were filled, Charles II never ventured to call another parliament, but 
 ruled henceforth with almost despotic power, and it was in the following year, 
 1682, that the different corporations were compeUed to surrender their charters 
 into the hands of the king. 
 
 During past times of civil strife and discord, Hereford had suffered severely 
 from pillage and depredations committed by the parliamentarian soldiery, also 
 from fines and requisitions. Thenceforth no further account appears of the 
 massive silver maces and other emblems of civic authority formerly carried 
 before the mayor and council on important public occasions, but soon after the 
 Eest oration several valuable presents were made to the corporation by 
 noblemen and gentlemen connected with the city, which partially supplied these 
 losses. The four handsome silver maces now in use were presented by Lord 
 Chaudos, engraved with the initials of Charles II and the royal arms. Another 
 munificent donor, Paul Foley, Esq., member for Hereford, and afterwards speaker 
 to the House of Commons, presented in 1677 a large silver sword of state 
 gilt with gold, having a scarlet velvet scabbard adorned with silver gilt ; 
 also a scarlet velvet hat of maintenance, edged and embroidered with 
 gold, and hat band with silver gilt buckles and ornaments". To the same 
 generous hand the citizens were indebted for the gift of a fire engine, probably 
 one of the first introduced into England, for these machines had only a few years 
 previously been invented by Vander Heyden, a native of Holland. For many 
 years Mr. Foley also contributed twenty pounds per annum for the relief of the 
 poor, and at his death bequeathed fifty pounds for their further support and 
 assistance. 
 
 In 1669, Dr. Eichard Gardiner presented to the mayor and his successors 
 two solid silver candlesticks, formerly given him by Lord Fitzhardinge. A 
 valuable gift was received in 1675 from Thomas Tomlins, Esq., of a splendidly 
 chased silver cup or goblet. A descendant of the donor's, who visited Hereford in 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 219 
 
 1761, has left the following description of this handsome specimen of repouss6 
 work : — 
 
 " September 12th, went to Hereford, and saw in the custody of Mr. Moore, the 
 mayor, a silver cup given by my great grandfather to the mayor and corporation 
 of that town, having the family and city arms thereon (the city arms on one 
 side, the family arms on the other), and this inscription curiously engraved on 
 the edge or rim of the cup : — ' Ex dono Thomse Tomlins Armigeri civitate de 
 Hereford, 1675' ; and which is always in custody of the mayor for the time being, 
 and will contain near a gallon." 
 
 Under the charter granted by Charles II in 1682, Henry Marquis of 
 Worcester, afterwards Duke of Beaufort, was appointed chief steward. The same 
 year the Duke presented to the corporation a sword and hat of maintenance, the 
 former a beautiful example, having the date 1677, and sahegvm on the blade. 
 
 A silver seal bearing the city arms and supporters well and deeply graven 
 upon it, was given in the reign of James II by Thomas Geers, serjeant-at-law, 
 and still continues in use, but after the passing of the Municipal Eeform Act, 
 the date 1836 was engraved on its base in commemoration of that event, and to 
 testify its adoption by the newly formed corporation. 
 
 Mr. Francis Griffiths, a native of Hereford, but resident in London, 
 presented the singular gift of a black velvet hat, to be worn by the sword bearer 
 at all funerals which the mayor officially attended. 
 
 Amongst minor benefactions, Mr. Griffith Eeynolds, mayor in 1685, " at his 
 own charge did line, face, and adorn three seats in the body of the cathedral 
 church wherein the mayor and common councilmen's wives do constantly sit, and 
 also a small seat or pew in the upper part of the choir of the said church 
 appointed for the mayor's wife to sit in. The said mayor the same year gave the 
 Holy Bible in quarto with gilded leaves and back, bound in Turkey leather, to 
 remain in a little box by him made for that purpose in the mayor's seat, for the 
 use of the mayor for the time being." A cushion for the mayor's book in the 
 cathedral, used in the reign of James II, having the armorial bearings of the 
 city worked thereon, was exhibited a few years ago amongst the curiosities at 
 Goodrich Court in this county. 
 
 Attendance on divine service was a duty strictly enforced after the 
 Eestoration and made obligatory by various statutes. Persons absenting them- 
 selves from church more than a month, were liable to a penalty of twenty 
 pounds, or a fine of one shilling, for each Sunday of non-attendance without 
 reasonable excuse. 
 
220 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 At a court or view of frankpledge held in this city 1686, " the grand inquest 
 presented John Pye, gentleman, Blanche his wife, Agnes Brott, spinster, and her 
 sister Prudence, William Welsh silk weaver, with many others, for that, being 
 above the age of sixteen they had not repaired to their several parish churches 
 and remained there during the time of divine service for the space of one month." 
 At the same court a citizen named Paul Williams and his maid Martha 
 were presented for being " eaves droppers", by the information of Edward Ha why 
 and Elizabeth his wife. A complaint was also made against Eobert Woodlif, 
 for making a pile of spruce wood in his back yard, and he was ordered to 
 remove it without delay, such wood being considered very dangerous in case of 
 fires within the city ; the inquests for the same reason requested that all thatched 
 buildings might be taken down ; also " that the fire-engine should be kept in 
 repair, and a person appointed to attend to its maintenance in a state of 
 efficiency". The inquest further desired that means should be taken for 
 cleansing the ditch round the walls of the city ; and presented several persons 
 for exercising their trades who had not served a seven years' apprenticeship, this 
 being a punishable offence. 
 
 Among customs now passed into disuse is one, formerly very general 
 among traders, of issuing brass, copper, or leaden tokens for local circulation ; 
 in order to remedy the want of small change these were at one time extensively 
 used, marked with the name, trade, or private device of the tradesman to whom 
 they belonged. As early as the reigns of Henry VII and VIII leaden tokens of 
 low value were introduced, although it is uncertain whether this coinage had 
 the sanction of government. Such were, however, widely circulated in the 
 reign of Elizabeth, but declared iUegal by the authorities, and the question of 
 copper coinage being taken into consideration, it was decreed that no copper 
 or leaden coins or tokens should be made except at the royal mint ; patterns for 
 a national copper coinage were then prepared, but none appears to have been 
 issued. James I also nominally abolished the leaden tokens belonging to local 
 traders, and sent out a small quantity of copper farthings from his own mint, 
 but, being unpopular, such were soon discontinued, and no second issue was 
 made ; the tokens of private individuals again prevailed, for they were a source 
 of large profit to the tradesmen. During the Commonwealth, Cromwell 
 endeavoured to put down this fraudulent money, but died before he could carry 
 out his purpose of issuing an efficient coinage. 
 
 In medieeval times no copper money was in existence, commercial 
 
CHAP. XL] ANCIENT CUSTOMS OF HEREFORD. 221 
 
 transactions being mostly carried on by means of Flemisli and German pieces, 
 usually termed Nuremberg tokens, which seem to have been used in England as 
 well as on the continent. These coins must have circulated most extensively, 
 as they can to this day be procured in large numbers. In the reigns of Elizabeth, 
 James, and Charles, attempts were made to suppress leaden and other rude 
 tokens, and to introduce small copper money, but, with the exception of a single 
 issue of farthing pieces coined by James, nothing was done until 1665, when 
 halfpence were first issued and have been imitated ever since. This addition, 
 however, does not seem to have been sufficient, as merchants and others struck 
 small tokens giving their name and trade and the value of the coin. These are 
 generally very common although some types are rare. 
 
 Small brass and copper tokens appear to have been widely circulated in 
 Hereford during the early part of the reign of Charles II. Many of these are 
 still preserved in public and private collections; the following in the 
 possession of the writer are, with the exception of two in copper, made of 
 brass : — 
 
 Token, size of half a farthing. Eound the verge of obverse, " John HiU, 
 Hereford" ; half on a shield in centre. Ee verse, round the verge, " His halfe 
 penny" ; the initials " J. H." in centre. The issuer of this coin served the office 
 of mayor in 1659. 
 
 Copper token, size of a farthing. On the obverse, round the verge, " Thomas 
 Matthews" ; two stars and a cipher in centre. Eeverse, round the verge, " In 
 Hereford, 1661"; two stars and initials " T. M." in centre. 
 
 Token, size of a farthing. Obverse, round the verge, " John Lane in 
 Hereford" ; centre indistinct. Eeverse, round the verge, "His halfe penny, 
 1661". 
 
 Copper token, size of a farthing. Obverse, round the verge, " Hen. Jones, 
 sword bearer" ; in centre, a sword and the initials " H. J." Eeverse, round the 
 verge, " City arms of Hereford" ; in centre " 1663" above the city coat of arms. 
 
 Token, size of a farthing. Obverse, round the verge, " Hereford silk weaver" ; 
 in centre " Will. Welsh in." Eeverse, round the verge, " His halfe peny, 1665" ; 
 in centre a shield. 
 
 Token, size of a farthing. Obverse, round the verge, " Thos. Hancocks in 
 Hereford" ; in centre, device of a book. Eeverse, round the verge, "Tity 
 bookseller, 1666" ; "His halfe peny" in centre. 
 
 Token, size of half a farthing. Obverse, round the verge, " Thomas Elton, 
 
222 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 1666", and a shield in the centre. Reverse, round the verge, " Of the city of 
 Hereford", in centre " His half penny". 
 
 Token, heart-shaped. On the obverse, " Thomas Hutchins" ; and under the 
 name an anchor and date " 1668". Reverse, " Glover, Hereford city. His halfe- 
 penny". 
 
 Token, size of half a farthing. Round the verge of obverse, " Hugh Rodd, his 
 halfe-penny" ; in centre, city arms without supporters. Reverse, round the verge, 
 " In Hereford", elephant and castle in the centre. 
 
 Token, size of a quarter of a farthing. Round the verge of obverse, 
 " Hugh Rodd" ; in the centre, city arms without supporters. Reverse, round the 
 verge, " Of Hereford" ; elephant and castle in the centre. 
 
 The mayoralty was held by Hugh Rodd in 1666 and 1673. 
 
 Token, size of half a farthing. Round the verge of obverse, " Samuel 
 Saunders in" ; and a shield in the centre. Reverse, round the verge, " The city 
 of Hereford" ; and in centre, " His half-penny". 
 
 Token, size quarter of a farthing. Round the' verge of obverse, " J. H. of 
 Hereford" ; and a rose in centre. Reverse, round the verge, " The mercers 
 armes" ; in the centre, on a shield, head of a king crowned. 
 
 Token, size of a farthing. Round the verge the letters are obliterated, but 
 in centre of obverse is the name Roger Boulcott. Reverse, round the verge, 
 " Of the city of Hereford" ; and in centre the Prince of Wales's feather. 
 
 Although as before stated declared illegal by Government, pledges or tokens 
 continued to be circulated for a considerable period after the coinage of half- 
 pence and farthings in 1672 at the Royal Mint. Amongst the tokens above 
 enumerated the most curious and uncommon in form was issued by Thomas 
 Hutchins, engaged in the glove-making trade, which in Hereford during the 
 seventeenth and eighteenth centuries continued a flourishing and lucrative branch 
 of business. 
 
 " Owing to the wars of the middle and latter part of the eighteenth century 
 tliere was again a deficiency of copper coinage in England, so that merchants, 
 tradesmen, and large employers of labour, supplied themselves with pence and 
 halfpence ; some also served as advertisements. 
 
 " Every county at this period had several tokens, but Herefordshire seems 
 only to have had one penny and two half-pennies. The penny has on the 
 obverse, a bull tossing off its chains, June 3rd, 179~, with the name ' J. 
 Milton'. Reverse, an apple tree and plough-share M'ithin an oaken wreath. 
 
CHAP. XI.] AXCTENT CUSTOMS OF HEREFORD. 223 
 
 " One of the halfpennies has a crab-tree, ' Success to the cider trade, 
 Hereford halfpenny, C. Honiatt, Birm. warehouse.' Eeverse, figure of justice 
 standing, ' For change, not fi-aud.' This reverse was common on many tokens. 
 The other halfpenny has a head in profile, ' J. Gorton, Hereford, 1792/ 
 Eeverse, a crabtree and cask, ' Cyder merct.' 
 
 " This state of things went on to 1797, when a new issue of copper money 
 rendered the use of tokens less necessary, though a small number were 
 struck subsequently. 
 
 " Within the last forty years it was usual in the Isle of Man to receive in 
 change for a sixpence or a shilling, a handful of buttons and nondescript articles, 
 sometimes accompanied by one or two real halfpence. This was principally in 
 the more retired districts of the island, and this custom has probably ceased to 
 exist."! 
 
 It is to be regretted that one of the old municipal records containing 
 information relative to city affairs during Queen Anne's reign has been so greatly 
 torn and mutilated, that many subjects of interest are rendered unintelligible ; 
 but from some of the most perfect pages the following entries are taken : — 
 
 " 17th November, 1709. Ordered, that the town clerk write a letter, to be 
 sent from this house to the members of parliament for this city, to desire a 
 remedy against the present insatiable covetousness of the bagers, the excessive 
 tolls of the millers, and to regulate the weight of bread." 
 
 At another meeting, held in 1723, a minute was made to the following effect : 
 " That Thomas Davies, one of the porters of this city, having undertaken to 
 clean the market house and Tolsey as usual, to make fires at common council 
 meetings, to take up vagrants and sturdy beggars and cause them to be whipped ; 
 to make bonfires, impound pigs, to sweep hcfore funerals, and do such other work 
 as the master of the house of correction and bedels used to do ; Ordered, that 
 upon his performance of the same he be paid ten pounds yearly by quarterly 
 payments, and that he provide brooms, spades, etc., at his own expense." 
 
 The practice of sweeping before funerals mentioned in the preceding 
 extract was probably one of those ancient superstitious ceremonies, the origin of 
 which is involved in obscurity, but which appears to have been quite a local 
 observance. Another custom, even more extraordinary, resorted to on these 
 mournful occasions in Herefordshire and some neighbouring counties bordering 
 upon Wales, was that, when a person died, notice should be given to a man 
 
 1 Kindly contributed. 
 
224 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 known as the sin-eater, wliose office is thus described in Brand's Popular 
 Antiqiiities, as taken from the Lansdowne MSS. : — 
 
 " In the county of Hereford was an old custome at funeralls to hire poor 
 people who were to take upon them the sinnes of the party deceased. One of 
 them (he was a long, lean, ugly, lamentable, poor rascal), I remember, lived in a 
 cottage on Eosse highway. The manner was that when the corpse was brought 
 out of the house and layd on the biere, a loaf of bread was brought out and 
 delivered to the sinne-eater over the corpse ; as also a mazar bowle of maple full 
 of beer (which he was to drink up), and sixpence in money. In consideration 
 whereof he took upon him, ipso facto, all the sinnes of the defunct, and freed 
 him or her from walking after they were dead. This custome alludes, methinks, 
 something to the scapegoate in the Levitical law, and though rarely used in our 
 dayes, yet by some people was observed even in the strictest time of the 
 Presbyterian Government, as at Dynder (nolcTis volens the parson of the parish) ; 
 the kindred of a woman deceased there, had this ceremonie punctually 
 performed according to her will ; and also the like was done in the city of 
 Hereford in those times , where a woman kept, many years before her death, a 
 mazarde bowle for the sinne-eater," 
 
 Superstitions respecting mazar bowls were of ancient origin, and, in 
 medieval times, to steal one was an offence punishable by pillory. 
 
 But to return from this digression to a more convivial subject. The old 
 minute book contains several entries treating of civic entertainments, and the 
 manner in which they were conducted. In 1708 it was determined, "That the 
 free buck shall be eaten on Monday, the 7th of August next, at the house of Mr. 
 Thomas Barrow, senior, chamberlain, at the city's charge, not to exceed ten 
 pounds and one dozen of wine. And if the Lord Coningsby do send ani/ guineas 
 with the venison, so much to be abated out of the ten pounds. And that the 
 Lord Coningsby, Lord Chandos, and the parliament men for this city, be in\dted 
 to the feast." 
 
 The term " free buck" applied to these dinners originated from a customary 
 present of venison, annually made to the corporation by the chief steward, 
 occasionally accompanied by a present of money, doubtless to assist in defraying 
 the expenses of the banquet, but a few years later we find this liberal addition to 
 the gift discontinued, involving a curtailment of the expenditure. Therefore it 
 was " Ordered, that there be a free buck dinner at the expense of the city, not 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 225 
 
 exceeding five pounds, including the keeper's fee, to be eaten on Monday next, 
 and that no person he invited thereto." 
 
 Thomas Lord Coningsby, donor of the free buck, and guest at the first- 
 mentioned dinner, held the appointment of lord lieutenant of the county of 
 Hereford from 1715 to 1727, and was chief steward of the city from 1695 to 
 1729. This nobleman was a descendant of Sir Thomas Coningsby, noticed in a 
 former chapter as having founded and endowed the almshouse called Coningsby 
 Hospital, in the suburbs of the city. The Coningsby family during the civil 
 war had been zealous partizans of the royal cause, but Lord Coningsby held 
 opinions diametrically opposed to those of his predecessors. In the revolution 
 of 1688 he gave his support to William Prince of Orange, and throughout his 
 life remained an inveterate opponent of the Stuarts. "Whilst chief steward of 
 Hereford, he evinced the passionate and irascible disposition for which he was 
 notorious, in an address full of invectives, made by him to the mayor and 
 citizens, whom he evidently suspected of favouring the cause of the Pretender. 
 This extraordinary speech, wherein he threatens the civic authorities, and 
 accuses them of disloyalty, ran as follows ; — 
 
 " Lord Coningsby's speech to the Mayor and Common Council of Hereford, 
 
 1718. Mr. Mayor, your servant; gentlemen, yours; ye all ; 111 have you to 
 
 know that I am your lord lieutenant, custos rotulorum of this county, and 
 
 lord high steward of this city and ye, I'll do what I please with you and 
 
 your city. I hear that some of you are for the Pretender, a fellow whom 
 
 his own mother disowned ; and I am informed that when a lady of the strictest 
 virtue and best reputation would have deposed upon oath that an impudent 
 rascal said this fellow was rightful heir to the crown, you refused to take the 
 
 depositions ye. I speak to you Mr. Mayor, and Mr. Taylor that art a 
 
 Jacobite, a fellow without a soul. 
 
 " I am also informed that a pack of worthless wretches, one of 'em which 
 was an exciseman, and another a fellow which eats the king's bread, met in the 
 market-house upon the tenth of June and drank the Pretender's health, and 
 
 proclaimed him king. I hear you had oaken boughs and white roses also 
 
 ye. There are but three honest men in your town, , which (to their 
 
 honour be it spoken) are Tom Bayley, Dr. Lewis, and Sam Birch. As for 
 myself, I have opposed this fellow, the Pretender's father, I've opposed the son, 
 
 and though King George be the best prince that ever sat upon the throne, 
 
 ye but I'll oppose him too, if he should pretend to alter our laws and constitution. 
 
 G G 
 
226 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 " Look ye, gentlemen, I had a design to have sent you no more soldiers ; 
 the last were very civil, gentlemen, Do you hear ? Take care to prosecute this 
 rascal of a butcher. If ye do I'll take care of a jury; if not, I'll send you 
 
 soldiers that shall use you as you ought to he used. I'll fetch 'em from , 
 
 but I wiU ye ! and so I bid you heartily farewell." 
 
 Thomas Bayley, one of the " three honest men" specified by Lord Coningsby, 
 was then chamberlain of the city ; Samuel Birch had been a few years previously 
 appointed deputy-steward under the following warrant : — 
 
 "To all persons to whom these presents shall come, I, Thomas Lord 
 Coningsby, baron of Clanbrasil, in the kingdom of Ireland, one of her majesty's 
 honourable privy council, high steward of the city of Hereford, send greeting. 
 Whereas, I Thomas Lord Coningsby, did heretofore by writing, under my hand 
 and seal, appoint Eobert Dobyns of the said city, esquire, utter barrister-at-law, 
 to be deputy steward of the city. And whereas Eobert Dobyns, by reason of 
 his age and infirmities, is rendered unable to execute the office. Now know ye, 
 that I, Thomas Coningsby, do by these presents, revoke and annul all 
 deputations formerly made or granted by me to the said Eobert Dobyns, and I 
 hereby discharge him from the said office. And I do, by these presents, 
 constitute and appoint Samuel Birch of the said city, esquire, utter barrister-at- 
 law, my deputy steward of and for the said city, to hold the office during my 
 will and pleasure. In witness whereof I have hereunto set my hand and seal, 
 10th of September 1708,— Coningsby." 
 
 JJnder the charter granted to the citizens of Hereford by James I, 1620, 
 the corporation were empowered to elect " one famous and discreet man" as chief 
 steward, who might appoint from time to time, at his pleasure, one or more 
 persons learned in the law^ as his deputy or deputies. William, Earl of 
 Pembroke, was appointed by charter the first chief steward, for the term of his 
 natural life. As none but freemen were eligible to be chosen chief stewards, 
 when strangers of rank were elected it was customary to present them with the 
 freedom of the city, the highest honour in the power of the corporation to 
 bestow upon any persons, in recognition of their talents, bravery, or other 
 meritorious qualification. Many illustrious names renowned in the nation's 
 history, are recorded in the old city minute books as having been presented with 
 this complimentary distinction. Amongst them are the following : — 
 
 " 1785, August 27th. Ordered, that the freedom of this city be presented 
 to the right honourable Charles James Fox, in consideration of his distinguished 
 
CHAP. XI.] ANCIENT CUSTOMS OF HEREFORD. 227 
 
 abilities and patriotic virtues ; and that the chamberlains wait upon liim to 
 signify the same." At a subsequent meeting, on the 31st of August, an entry is 
 made that Mr. Fox was duly admitted and sworn a freeman of the city. 
 
 At a meeting of the town council held at the Tolsey, 14th of September 
 1790, an address was voted to his royal highness Prince William Henry, Duke 
 of Gloucester, who was then passing through Hereford ; and the freedom of the 
 city being offered to his royal highness, he was graciously pleased to accept the 
 same. 
 
 " 1799, August 21st. Ordered, that the freedom of the city be presented to 
 Admiral Sir Richard Onslow, bart., as a testimony of the high sense this House 
 entertains of his conduct and gallantry in the command he held under Lord 
 Duncan against the Dutch fleet, and for the signal and brilliant services 
 rendered his king and country." 
 
 " 1800, February 18th. Ordered, that the freedom of this city be given to 
 Captain John Boscawen Savage of the Marines, in consideration of his gallant 
 behaviour in the different actions between the English and Spanish fleets off 
 Cape St. Vincent, and between the English and French fleets off the Nile." 
 
 " 1802, August 23rd. Ordered, that the right honourable Horatio Nelson, 
 Lord Viscount Nelson of the Nile, Vice-Admiral of the Blue, etc., for his great 
 and glorious victories during the late war, and the several signal services he has 
 rendered his country, be admitted an honorary freeman of the city, and that the 
 same be presented to him in a box of apple-tree wood." 
 
 " 1817, August 4th. Ordered, that the freedom of this city be presented to 
 Edward Brace^ and George Papps Price, captains in the royal navy, in 
 consideration of their eminent services during the late war." 
 
 ." 1817, August 29th. Ordered, that the freedom of this city be presented 
 on Monday next to the right honourable Henry Lord Viscount Sidmouth, and 
 that the same be given to him in an apple-tree box." 
 
 "1818, January 8th. Ordered, that the freedom of this city be presented 
 to Charles Wetherell of Lincoln's Inn, London, esquire, barrister-at-law."^ 
 
 Many other distinguished and well known men have received this mark of 
 respect from the corporation of Hereford, but space will not allow of further 
 
 1 This eminent naval officer, a native of Hereford, afterwards Sir Edward Brace, K.C.B., 
 attained the rank of vice-admiral. He died commander-in- chief at the Nore, 1843. 
 
 2 Sir Charles Wetherell was recorder of Bristol in 1831 ; and it was upon the occasion of 
 his opening the sessions there in that year that the memorable Bristol riots occurred. 
 
228 ANCIENT CUSTOMS OF HEREFORD. [chap. xi. 
 
 extracts. In conclusion, the writer trusts the information contained in the 
 preceding pages may have added in some measure to the knowledge already 
 possessed respecting this ancient city, which in times past has often taken a 
 conspicuous part in national transactions, and whose citizens have earned a 
 reputation for loyalty and devotion to their sovereign, and faithfulness to their 
 city, which succeeding generations will doubtless maintain, proving themselves 
 worthy to inherit the honourable motto granted to their ancestors — 
 
 " Invict^ Fidelitatis Premium". 
 
ANCIENT CUSTOMS OF HEREFORD. 
 
 229 
 
 STEWAEDS OF THE CITY OF HEEEFOED. 
 
 Jolin Chippenham 
 
 
 Walter Devereux, Lord Ferrers 
 
 ... 1510 
 
 John Pride 
 
 ... 1338 
 
 William Rudhall 
 
 ... 1511 
 
 William D. Frome 
 
 .. 1342 
 
 The same 
 
 ... 1512 
 
 The same 
 
 ... 1350 
 
 Walter Devereux 
 
 ... 1513 
 
 Kichard Ashe ... 
 
 ... 1385 
 
 James Baskerville 
 
 
 John Russell ... 
 
 ... 1436 
 
 John Scudamore 
 
 ... 1548 
 
 John Devereux, knight 
 
 ... 1473 
 
 Sir James Croft 
 
 ... 
 
 The same 
 
 ... 1493 
 
 Robert, Earl of Essex 
 
 ... 1602 
 
 Roger Bodenham 
 
 ... 1494 
 
 John Scudamore 
 
 ... 1616 
 
 Richard Poole, knight 
 
 ... 1496 
 
 William, Earl of Pembroke 
 
 ... 1617 
 
 Richard de la Bere, knight 
 
 .. 1497 
 
 
 
 CHIEF STEWAEDS OF THE CITY OF HEEEFOED. 
 
 William, Earl of Pembroke ... 1620 
 
 John, Lord Viscount Scudamore ... 1631 
 
 Robert Harley, knight, of Brampton 
 Brian, Deputy during the Common- 
 wealth 
 
 Major-General Harrison ... 
 
 William Gregory, Esq., Deputy 
 
 John, Lord Viscount Scudamore 
 
 Henry Somerset, Marquis of Worcester, 
 
 later, Duke of Beaufort... ... 1683 
 
 Bridstock Harford, Esq., Deputy 
 
 Thomas, Lord Coningsby ., ... 1695 
 
 Robert Dobyns, Esq. \ 
 
 Samuel Birch, Esq. f successively 
 
 William Barnsley, Esq. \ deputies. 
 
 William Monnington, Esq- ' 
 
 Henry, Duke of Beaufort... ... 1729 
 
 Walwyn Shepherd, Esq., Deputy 
 
 Edward, third Earl of Oxford and Mor- 
 timer ... ... ... 1744 
 
 Walwyn Shepherd, Esq. ) successively 
 Thomas Phillipps, Esq. ) deputies. 
 Edward, fourth Earl of Oxford and 
 
 Mortimer ... ... ... 1755 
 
 James Poole, Esq., Deputy 
 
 Charles Howard, Duke of Norfolk ... 1790 
 
 Robert Phillipps, Esq., Deputy 
 
 John, Earl Somers ... ... 1816 
 
 Edward Poole, Esq. ) successively 
 
 R. J. Powell, Esq. ) deputies. 
 
 Thomas Andrew Knight, Esq. ... 1836 
 
 Edward Bolton Clive, Esq., M.P. ... 1838 
 
 Sir Robert Price, Bart, M.P. ... 1845 
 
 Sir George Cornwall Lewis, Bart., M.P. 1859 
 The Rev. Archer Clive ... ... 1863 
 
 James Rankin, Esq., M.P.... ... 1878 
 
230 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 CHIEF : 
 
 BAILIFFS 
 
 OF HEREFOED. 
 
 
 Henry III. 
 
 
 Henry de Orleton 
 
 1311 
 
 Richard Bisse ... 
 
 ... 1268 
 
 Richard de Cruse 
 
 1312 
 
 Adam Swain ... 
 
 ... 1269 
 
 Thomas Tope*... 
 
 1313 
 
 The same 
 
 ... 1270 
 
 WiUiam de Orleton 
 
 1314 
 
 Walter le Wanter 
 
 ... 1271 
 
 Richard Thurgin 
 
 1315 
 
 
 
 The same 
 
 1316 
 
 Edward I. 
 
 
 Thomas Tope ... 
 
 1317 
 
 John Seym 
 
 ... 1272 
 
 Richard Moniword 
 
 1318 
 
 Hugo Seward ... 
 
 ... 1273 
 
 PhUip de Werrour 
 
 1319 
 
 Reginald Moniword 
 
 ... 1274 
 
 Richard Moniword 
 
 1320 
 
 Richard Moniword 
 
 ... 1275 
 
 Philip de Werrourf 
 
 1321 
 
 Richard Moniword 
 
 ... 1276 
 
 William de Orleton 
 
 1322 
 
 John de Pyon ... 
 
 ... 1277 
 
 William de Staunton 
 
 1323 
 
 Thomas Pyon ... 
 
 ... 1278 
 
 William de Orleton 
 
 1324 
 
 John Werrour ... 
 
 ... 1279 
 
 John de LansaleJ 
 
 1325 
 
 John Catchpol... 
 
 ... 1280 
 
 William Horeman 
 
 1326 
 
 John le Gaunter 
 
 ... 1281 
 
 Thomas Cope ... 
 
 1327 
 
 Hugo Doreward 
 
 ... 1282 
 
 
 
 John le Suton... 
 
 ... 1283 
 
 Edward III. 
 
 
 John le Gaunter 
 
 ... 1284 
 
 Robert de Hompton 
 
 1328 
 
 WiUiam Ffranklyn 
 
 ... 1285 
 
 The same 
 
 . 1329 
 
 William Goudry 
 
 ... 1286 
 
 The same 
 
 . 1330 
 
 John le Gaunter 
 
 ... 1287 
 
 The same 
 
 . 1331 
 
 The same 
 
 ... 1288 
 
 The same 
 
 . 1332 
 
 William Ffamelyn 
 
 ... 1289 
 
 The same 
 
 . 1333 
 
 John le Gaunter 
 
 ... 1290 
 
 John de la Barre 
 
 . 1334 
 
 The same 
 
 ... 1291 
 
 Thomas Thope 
 
 . 1335 
 
 Robert de Dyke 
 
 ... 1292 
 
 Walter le Catchpole 
 
 . 1336 
 
 The same 
 
 ... 1293 
 
 Roger Colling... 
 
 . 1337 
 
 Hugo Froue or Troue 
 
 ... 1294 
 
 Walter le Catchpole 
 
 1338 
 
 John Suton ... 
 
 ... 1295 
 
 Walter de la Barre 
 
 . 1339 
 
 Moniword 
 
 ... 1296 
 
 The same 
 
 . 1340 
 
 Hugo Grovey ... 
 
 ... 1297 
 
 Robert de Hompton 
 
 . 1341 
 
 William Vomaller 
 
 ... 1298 
 
 The same 
 
 . 1342 
 
 John de Stretton 
 
 ... 1299 
 
 Nicholas de Bromyard 
 
 . 1343 
 
 William de Smey 
 
 ... 1300 
 
 Richard Aubrey 
 
 . 1344 
 
 The same 
 
 ... 1301 
 
 The same 
 
 . 1345 
 
 Nicholas Swayn 
 
 ... 1302 
 
 Nicholas de Bromyard 
 
 . 1346 
 
 Richard Moniword 
 
 ... 1303 
 
 The same 
 
 . 1347 
 
 Hugo Froue or Troue 
 
 ... 1304 
 
 The same 
 
 . 1348 
 
 
 
 Richard de Bromyard 
 
 . 1349 
 
 Edward II. 
 
 Richard Moniword 
 The same 
 
 ... 1307 
 ... 1308 
 
 The same 
 
 . 1350 
 
 * Qneen Isabella at Hereford. 
 
 
 The same 
 
 ... 1309 
 
 t The King at Hereford. 
 
 
 The same 
 
 ... 1310 
 
 t The Queen again at Hereford. 
 
 
ANCIENT CUSTOMS OF HEREFORD. 
 
 231 
 
 Richard Hamond 
 Henry Catchpole 
 John le Bailiff... 
 The same 
 John Field 
 
 Bartholomew le Clerk 
 Henry Catchpole 
 John le Clerk ... 
 Walter de Ailmeston 
 John Field 
 Bartholomew le Clerk 
 Walter de Ailmeston 
 Thomas Don ... 
 Walter de Ailmeston 
 Richard Elliot... 
 John Bailiff 
 John Blod 
 
 ... 1351 
 
 Wniiam Colling 
 
 ... 1368 
 
 ... 1352 
 
 Henry Catchpole 
 
 ... 1369 
 
 ... 1353 
 
 Richard Elliott 
 
 ... 1370 
 
 ... 1354 
 
 John Blod ... ■ 
 
 ... 1371 
 
 ... 1355 
 
 Richard Elliott 
 
 ... 1372 
 
 ... 1356 
 
 WilHam Colling 
 
 ... 1373 
 
 ... 1357 
 
 John Goldsmith 
 
 ... 1374 
 
 ... 1358 
 
 Henry Catchpole 
 
 ... 1375 
 
 ... 1359 
 
 WUliam Delamere 
 
 ... 1376 
 
 ... 1360 
 
 Richard Falke... 
 
 .... 1377 
 
 ... 1361 
 
 Richard II. 
 
 
 ... 1362 
 
 Hugh Osborne 
 
 ... 1378 
 
 ... 1363 
 
 Richard Falke... 
 
 ... 1379 
 
 ... 1364 
 
 Richard Palmer 
 
 ... 1380 
 
 ... 1365 
 
 Richard Falke... 
 
 ... 1381 
 
 1366 
 
 The same 
 
 ... 1382 
 
 ... 1367 
 
 Thomas Benger 
 
 ... 1383 
 
 MAYOES OF HEEEFOED. 
 
 RiCHABD II. 
 Thomas Whitfeild* 
 Henry Catchpoole ... 
 
 The same 
 Richard Scudamore 
 The same 
 The same 
 Richard Falke ... 
 Richard Scudamore 
 Thomas Chippenham 
 John Prophete 
 Thomas Whitfeild 
 The same 
 
 Richard Scudamore ... 
 
 John Trovie ... 
 The same 
 
 Thomas Chippenham 
 The same 
 
 Henet IV, 
 Thomas Chippenham 
 John Falke 
 
 1382 
 1383 
 1384 
 1385 
 1386 
 1387 
 1388 
 1389 
 1390 
 1391 
 1392 
 1393 
 1394 
 1395 
 1396 
 1397 
 1398 
 
 1399 
 1400 
 
 * The charter of Richard II, by which the title of 
 Chief Bailiff of Hereford was changed to that of 
 Mayor, ia dated in the seventh year of the reign; 
 but it will be noticed this list commences two years 
 previously. 
 
 The same 
 The same 
 The same 
 The same 
 John Mey 
 The same 
 The same 
 The same 
 The same 
 The same 
 John Mey 
 John Falke 
 
 Henbt V. 
 
 John Mey 
 
 The same ... 
 
 The same 
 
 The same 
 
 The same ... ... 
 
 The same 
 John Mibb 
 Thomas Chippenham 
 John Falke 
 
 Henbt VI. 
 
 John Falke 
 John Mey 
 The same 
 
 1401 
 1402 
 1403 
 1404 
 1405 
 1406 
 1407 
 1408 
 1409 
 1410 
 1411 
 1412 
 
 1413 
 1414 
 1415 
 1416 
 1417 
 1418 
 1419 
 1420 
 1421 
 
 1422 
 1423 
 1424 
 
232 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 The same 
 
 ... 1425 
 
 George Monington 
 
 .. 1469 
 
 The same 
 
 ... 1426 
 
 Thomas Berington 
 
 .. 1470 
 
 The same 
 
 ... 1427 
 
 George Monington 
 
 .. 1471 
 
 The same 
 
 .. 1428 
 
 George Welford 
 
 .. 1472 
 
 The same 
 
 ... 1429 
 
 John Parsons ... 
 
 . 1473 
 
 George Braynton 
 
 ... 1430 
 
 Thomas Brinies 
 
 . 1474 
 
 The same 
 
 ... 1431 
 
 Thomas Mey ... 
 
 . 1475 
 
 The same 
 
 ... 1432 
 
 John Trylow ... 
 
 . 1476 
 
 The same 
 
 ... 1433 
 
 Thomas Bromwich 
 
 . 1477 
 
 John Fuyster ... 
 
 ... 1434 
 
 George Monington 
 
 . 1478 
 
 John Falke 
 
 ... 1435 
 
 John Barton ... 
 
 . 1479 
 
 Henry Chippenham 
 
 ... 1436 
 
 Thomas Mey ... 
 
 . 1480 
 
 John Woodward 
 
 ... 1437 
 
 John Parsons ... 
 
 . 1481 
 
 The same 
 
 ... 1438 
 
 Phillip Scudamore 
 
 . 1482 
 
 John Fuyster ... 
 
 ... 1439 
 
 
 
 John Falke 
 
 ... 1440 
 
 RlCHAKD III. 
 
 
 John May 
 
 ... 1441 
 
 John Stockton* 
 John Chippenham 
 
 
 William Berrington 
 
 ... 1442 
 
 . 1483 
 
 Henry Chippenham 
 
 ... 1443 
 
 John B,arton ... 
 
 . 1484 
 
 Nicholas Falke 
 
 ... 1444 
 
 
 
 Nicholas Falke 
 
 ... 1445 
 
 Henry VII. 
 
 
 John Fuyster .., 
 
 ... 1446 
 
 Thomas Mey ... 
 
 . 1485 
 
 Richard Green... 
 
 ... 1447 
 
 John Chippenhamf 
 
 . 1486 
 
 Morris Newton 
 
 ... 1448 
 
 Philip Glover ... 
 
 . 1487 
 
 John WeUford 
 
 ... 1449 
 
 Robert Berrington 
 
 . 1488 
 
 John Fuyster ... 
 
 ... 1450 
 
 Thomas Mey ... 
 
 . 1489 
 
 John Chippenham 
 
 ... 1451 
 
 John Chippenham 
 
 . 1490 
 
 The same 
 
 ... 1452 
 
 Thomas Draper 
 
 . 1491 
 
 John Fuyster* 
 
 ... 1453 
 
 John Trylow ... 
 
 . 1492 
 
 Morris Newton 
 
 ... 1454 
 
 John Wall 
 
 . 1493 
 
 Richard Green 
 
 ... 1455 
 
 Roger Gibba ... 
 
 . 1494 
 
 John Chippenham 
 
 ... 1456 
 
 Thomas Draper 
 
 , 1495 
 
 The same 
 
 ... 1457 
 
 John Trylow ... 
 
 . 1496 
 
 The same 
 
 ... 1458 
 
 Roger Gibbs ... 
 
 . 1497 
 
 The same 
 
 ... 1459 
 
 The same 
 
 . 1498 
 
 Morris Newton 
 
 ... 1460 
 
 Richard Scudamore 
 
 . 1499 
 
 
 
 James Mey 
 
 . 1500 
 
 Edward ] 
 
 rv. 
 
 Henry Chippenham 
 
 . 1501 
 
 John Vintner ... 
 
 ... 1461 
 
 Richard Browne 
 
 . 1502 
 
 Thomas Berington 
 
 ... 1462 
 
 William Wall ... 
 
 . 1503 
 
 James Mey 
 
 ... 1463 
 
 John Bruggs ... 
 
 . 1504 
 
 John Nash 
 
 ... 1464 
 
 Henry Chippenham 
 
 . 1505 
 
 Thomas Berington 
 
 ... 1465 
 
 Roger Beal 
 
 . 1506 
 
 John Barton ... 
 
 ... 1466 
 
 Robert Gibbs ... 
 
 . 1507 
 
 Oliver Cromwel 
 
 ... 1467 
 
 WiUiam Baynham 
 
 1508 
 
 John Fowler ... 
 
 ... 1468 
 
 
 
 
 
 
 • This John Fuyster died about the year 1455. He 
 was buried with his wife Catherine, under a marble 
 Btone Inlaid with brass, in the cathedral church of 
 Hereford. 
 
 * This mayor is buried in the cathedral church of 
 Hereford. 
 
 t Under the government of this oflBcer the ancient 
 customs were revived, and copies written by his 
 order and direction. 
 
ANCIENT CUSTOMS OF HEREFORD. 
 
 23; 
 
 Henry VIII. 
 Richard Phillips* 
 Richard Bromwich 
 John Wall 
 Thomas Gibbons 
 George Bonner 
 Thomas Bonner 
 Thomas Gibbons 
 Richard Phillips 
 Robert Gibbs ... 
 Richard Phillips 
 Roger Beal 
 Richard Brown 
 Richard Phillips 
 Robert Gibbs ... 
 William Synough 
 Thomas Gibbons 
 Richard Phillips 
 Richard Warnecombe 
 Thomas Gibbs... 
 John Herbert ... 
 Thomas Havard ) 
 John Cantercelly ) 
 Thomas Gibbs... 
 Hugh Walsh ... 
 Richard Phillips 
 Thomas Gibbons 
 John Meredith 
 Thomas Gibbons 
 Thomas Grainger 
 Hugh Walsh ... 
 Thomas Gibbons 
 Thomas Havard 
 Richard Warnecombe 
 Hugh Meredith 
 Thomas Gibbs... 
 William Berkeley 
 Hugh Walsh ... 
 Lewis ap Rice ... 
 Thomas Bromwich 
 
 Edward VI. 
 Rowland Meece 
 John Warnecombe 
 John Phillipps 
 
 1509 
 1510 
 1511 
 1512 
 1513 
 1514 
 1515 
 1516 
 1517 
 1518 
 
 1519 
 
 1520 
 1521 
 1523 
 1524 
 1525 
 1526 
 1527 
 1528 
 
 1529 
 
 1530 
 1531 
 1532 
 1533 
 1534 
 1535 
 1536 
 1537 
 1538 
 1539 
 1540 
 1541 
 1542 
 1543 
 1544 
 1545 
 1546 
 
 1548 
 1549 
 
 * Richard Phillips bequeathed lands in Burghill, 
 Cowarne, Bromyard, Eaton, Hennor, Stratford, 
 Croft, Newton, Elton, Stocklow, Moorfleld, and 
 Hereford, to take off the toll paid at the gates. He 
 is buried in the Ladye arbour of the cathedral church 
 of Hereford. 
 
 Mart. 
 
 Hugh Meredith 
 William Rawlings 
 Thomas Havard 
 
 William Smooth 
 
 Philip and Mart. 
 Hugh Walsh ... 
 John Kerry 
 Thomas Havard 
 Walter Carwardine 
 Richard Partridge ... " 
 
 Elizabeth. 
 Thomas Gibbs... 
 John May lord ... 
 John Gibbs 
 Henry Dutson... 
 George Bonnor ... 
 
 John Maylard... 
 William Rawlings 
 John Barclay ... 
 John May lord ... 
 Bevis Cartwright 
 Matthews Jeffries 
 William Bennett 
 James Warnecombe 
 James Boyle ... 
 Gregory Price ... 
 John May lord ... 
 Richard Warnecombe 
 Gregory Price ... 
 Richard Bromwich 
 James Warnecombe 
 James Boyle ... 
 Walter Hurdman 
 John Barkley ... 
 Thomas Davies 
 James Boyle ... 
 George Hurdman 
 William May lord 
 Thomas Church 
 Paul Philpotts 
 William Garnons 
 Richard Perrott 
 Edward Watford 
 Thomas Maylord 
 William Webb 
 Bartholomew Edwards 
 William Boyle 
 Bryan Newton 
 John Carwardine 
 
 1550 
 1551 
 1552 
 
 1553 
 
 1.554 
 1555 
 1556 
 1557 
 1558 
 
 1559 
 1560 
 1561 
 1562 
 1563 
 1564 
 1565 
 1566 
 1567 
 1568 
 1569 
 1570 
 1571 
 1572 
 1573 
 1574 
 1575 
 1576 
 1577 
 1578 
 1579 
 1580 
 1581 
 1582 
 1583 
 1584 
 1585 
 1586 
 1587 
 1588 
 1589 
 1590 
 1591 
 1592 
 1593 
 1594 
 1595 
 1596 
 
 H H 
 
234 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 Gregory Price ... ... 
 
 Edward Rawlins 
 Richard RavenhOl 
 James Smith ... 
 Thomas Clark 
 Walter Hurdman 
 
 James I. 
 John Midson ... 
 John Warden ... 
 James Russel 
 William Whitlash 
 WiUiam Carwardine 
 Thomas Stephens 
 John Syrrel 
 Thomas Crump 
 George Smith ... 
 Thomas Williams 
 Walter Morris 
 Roger Philpotts 
 James Smith ... 
 James Rod 
 Philip Symonds 
 John Clark 
 Jonah Wellington 
 John Chinn 
 James Lane 
 Philip Treheme 
 William Cowper 
 Thomas Aldem 
 
 Charlks I. 
 Richard Veynoll 
 James Lawrence 
 Richard Weaver 
 James Carwardine 
 Richard Evans 
 Jonas Meredith 
 Richard Edwins 
 Thomas Curthos 
 Anthony Pembridge 
 Walter Hall ... 
 Richard Philpotts 
 Thomas Church 
 Thomas Symonds 
 Henry Melling 
 James Barrol ... 
 Edmond Aston 
 David Bowen 
 William Price 
 Thomas Rogers 
 Philip Trahern 
 
 1597 
 1598 
 1599 
 1600 
 1601 
 1602 
 
 1603 
 1604 
 1C05 
 1606 
 1607 
 1608 
 1609 
 1610 
 1611 
 1612 
 1613 
 1614 
 1615 
 1616 
 1617 
 1618 
 1619 
 1620 
 1621 
 1622 
 1623 
 1624 
 
 1625 
 1626 
 1627 
 1628 
 1629 
 1630 
 1631 
 1632 
 1633 
 1634 
 1635 
 1636 
 1637. 
 1638 
 1639 
 1640 
 1641 
 1642 
 
 1643 
 
 John Cowper ... 
 William Carter 
 William Philips 
 Richard Philpotts 
 Edward King 
 Thomas Seaborne 
 
 Charles IL 
 Thomas Seaborne 
 John Powell ... 
 John Lewis 
 Thomas Bond ... 
 Jeremiah Addis 
 Richard Lyde 
 Roger Meredith 
 James Smith ... 
 Thomas Paynard 
 William Lane 
 John Hill 
 Thomas Davies 
 James Lawrence 
 Thomas Holmes 
 William Edwins 
 Robert Symonds 
 James Ely 
 Hugh Rodd ... 
 John Smith 
 James Wellington 
 John Rawlings 
 Richard Wadeley 
 Thomas Clark 
 John WiUiams 
 John Plulpotts ) 
 Hugh Rodd i 
 Thomas Symonds 
 Henry Caldicott 
 Abraham Seward 
 Thomas Matthews 
 Richard Williams 
 James Price ... 
 John Cook 
 Richard Gower 
 Thomas Clark ... 
 Herbert Westfaling 
 Symon Traunton 
 
 James IL 
 
 Griffith Reynolds 
 Thomas Smith 
 Thomas Williams 
 Thomas Holmes | 
 Thomas Clark I 
 
 1644 
 1645 
 1646 
 1647 
 
 1648 
 
 1649 
 1650 
 1651 
 1652 
 1653 
 1654 
 1655 
 1656 
 1657 
 1658 
 1659 
 1660 
 1661 
 1662 
 1663 
 1664 
 1665 
 1666 
 1067 
 1668 
 1669 
 1670 
 1671 
 1672 
 
 1673 
 
 1674 
 1675 
 1676 
 1677 
 1678 
 1679 
 1680 
 1681 
 1682 
 1683 
 1684 
 
 1685 
 1686 
 1687 
 
 1688 
 
ANCIENT CUSTOMS OF HEREFORD. 
 
 235 
 
 William and Mary. 
 
 
 Thomas Williams 
 
 Thomas Clark ) 
 
 
 Robert Ravenhill 
 
 Henry Smith ) 
 Gabriel Blake 
 
 ... 1689 
 
 William Holmes 
 
 ... 1690 
 
 James Symonds 
 
 Richard Pool ... 
 
 ... 1691 
 
 Joseph Trumper 
 
 Thomas Church 
 
 ... 1692 
 
 William Rowley 
 
 John Abrahall 
 
 ... 1693 
 
 Edmund Thomas 
 
 John Morse 
 
 ... 1694 
 
 Thomas Croft ... 
 
 Jonah Taylor ... 
 
 ... 1695 
 
 James Brotherton . ,. 
 
 Thomas Aldern 
 
 ... 1696 
 
 James Lord 
 
 Bridstock Harford 
 
 ... 1697 
 
 William Stephens 
 
 Richard Baynham 
 
 ... 1698 
 
 William Maddox 
 
 James Lane 
 
 ... 1699 • 
 
 Thomas Seaborne 
 
 George Green ... 
 
 ... 1700 
 
 John Cam 
 
 Adams Wiggins 
 
 ... 1701 
 
 George Hipkis... 
 William Ravenhill 
 
 Anne. 
 
 
 Robert Symonds 
 
 Charles Carwardine 
 
 ... 1702 
 
 Robert Scandrett ) 
 James Symonds ) 
 
 Richard Hankins 
 
 ... 1703 
 
 Cave Woodhouse 
 
 ... 1704 
 
 William Chinn 
 
 William Wadely 
 
 ... 1705 
 
 James Terry ... 
 
 William Symonds 
 
 ... 1706 
 
 Charles Biss ) 
 Edmund Thomas ) 
 
 Robert Clayton 
 
 ... 1707 
 
 Philip Scandrett 
 
 ... 1708 
 
 Thomas Gomond 
 
 William Maddox 
 
 ... 1709 
 
 William Holmes 
 
 Thomas Bayly 
 
 ... 1710 
 
 Cave Woodhouse 
 
 Thomas Barrow 
 
 ... 1711 
 
 John Cook \ 
 
 Philip Symonds 
 
 ... 1712 
 
 James Brotherton > 
 
 Benjamin Philips 
 
 ... 1713 
 
 William Maddox ) 
 
 Thomas Witherstone 
 
 ... 1714 
 
 Josiah Clark ... 
 
 George I. 
 
 
 John Medley ... 
 Price Glutton ... 
 
 Thomas Paynard 
 
 ... 1715 
 
 
 Thomas Symonds 
 
 ... 1716 
 
 George III 
 
 Thomas Traunter 
 
 ... 1717 
 
 Richard Moore 
 
 Thomas Russel 
 
 ... 1718 
 
 John Wood 
 
 Thomas Church 
 
 ... 1719 
 
 Thomas Church 
 
 Thomas Smith 
 
 ... 1720 
 
 Francis Campbell 
 
 Richard Pool ... 
 
 ... -1721 
 
 Arnold Barroll 
 
 John Baynham 
 
 ... 1722 
 
 William Chinn 
 
 William Jones ) 
 
 
 John Gwillim ... 
 
 William Maddox ) 
 
 ... 1723 
 
 Thomas Mayo ... 
 
 John Hunt 
 
 ... 1724 
 
 Edward Cox ... 
 
 Thomas Williams 
 
 ... 1725 
 
 Stephen Sandford 
 
 James Hunt ... 
 
 ... 1726 
 
 William Barrow 
 
 Philip Symonds 
 
 ... 1727 
 
 George Terry ... 
 Isaac Skyrme ... 
 
 George II. 
 
 
 William Bird ... 
 
 Thomas Ford ... 
 
 ... 1728 
 
 John Cam 
 
 Theophilus Lane 
 
 ... 1729 
 
 George Hay ward 
 
 Charles Mayo ... 
 
 ... 1730 
 
 Lacon Lambe ... 
 
 Thomas Sandford 
 
 ... 1731 
 
 Thomas Gomond 
 
 1732 
 
 1733 
 1734 
 1735 
 1736 
 1737 
 1738 
 1739 
 1740 
 1741 
 1742 
 1743 
 1744 
 1745 
 1746 
 1747 
 1748 
 
 1749 
 
 1750 
 1751 
 
 1752 
 
 1753 
 
 1754 
 1755 
 
 1756 
 
 1757 
 1758 
 1759 
 
 1760 
 1761 
 1762 
 1763 
 1764 
 1765 
 1766 
 1767 
 1768 
 1769 
 1770 
 1771 
 1772 
 1773 
 1774 
 1775 
 1776 
 1777 
 
236 
 
 ANCIENT CUSTOMS OF HEREFORD. 
 
 John Powles ... 
 John Seaborne... 
 Charles Cooke... 
 Joseph Perrin ... 
 William RavenhiD 
 James Holland 
 William Ilolmea 
 John Whitmore 
 William Taylor 
 Richard Hardwick 
 John Palmer ... 
 Robert Hathaway 
 Benjamin Maddy 
 Peter Dickens . . . 
 Francis Havard 
 John Matthews 
 James Hereford 
 John Ireland ... 
 Robert Phillipps 
 F. B. Thomas ... 
 William Symonds 
 William Bennett 
 James Wainwright 
 William Powles 
 John Griffiths... 
 John Sherborne 
 Thomas Bird ... 
 John Jones 
 Thomas Knill 
 Thomas Webb... 
 Thomas Russell* 
 John Perry 
 Francis Ravenhill 
 John Green 
 Samuel Hughes 
 John Aston 
 William Ravenhill 
 James Jones ... 
 William Johnson 
 William Milton 
 J. S. L. Pateshall 
 Benjamin Wainwright 
 
 George IV. 
 
 William Pateshall 
 Charles Honiatt 
 Edward Bulmer 
 John Gwillim ... 
 J. B. Lye 
 
 1778 
 1779 
 1780 
 1781 
 1782 
 1783 
 1784 
 1785 
 1786 
 1787 
 1788 
 1789 
 1790 
 1791 
 1792 
 1793 
 1794 
 1795 
 1796 
 1797 
 1798 
 1799 
 1800 
 1801 
 1802 
 1803 
 1804 
 1805 
 1806 
 1807 
 1803 
 1809 
 1810 
 1811 
 1812 
 1813 
 1814 
 1815 
 1816 
 1817 
 1818 
 1819 
 
 1820 
 1821 
 1822 
 1823 
 1824 
 
 * This mayor be(|ueathed i-2,000 to the Herefortl 
 chariiies. 
 
 J. Griffiths ... 
 
 ... 1825 
 
 William Pulling 
 
 ... 1826 
 
 John Garrett ... 
 
 ... 1827 
 
 J. E. Gough ... 
 
 ... 1828 
 
 William IV. 
 
 
 Sy James Eyre* ... 
 
 ... 1829 
 
 John Farmer ... 
 
 ... 1830 
 
 William Bennett 
 
 ... 1831 
 
 Edward Poolet 
 
 ... 1832 
 
 Richai-d Bulmer ) 
 John Aston ) 
 
 ... 1833 
 
 George Bonnor 
 
 ... 1834 
 
 The same 
 
 ... 1835 
 
 John Griffiths ) 
 Jonathan Elliott Gough ) "* 
 
 ... 1836 
 
 Victoria. 
 
 
 Jonathan Elliott Gough ... 
 
 ... 1837 
 
 John Benbow ... 
 
 ... 1838 
 
 Nicholas L. Pateshall 
 
 ... 1839 
 
 Francis Lewis Bodenham ... 
 
 ... 1840 
 
 Thomas Bennet, R.N. 
 
 ... 1841 
 
 John Rogers ... 
 
 ... 1842 
 
 William Webb 
 
 ... 1843 
 
 William Webb 
 
 ... 1844 
 
 William James 
 
 ... 1845 
 
 Robert Archibald 
 
 ... 1846 
 
 James Jay 
 
 ... 1847 
 
 Robert Archibald 
 
 ... 1848 
 
 Benjamin Lloyd 
 
 ... 1849 
 
 Thomas Evans 
 
 ... 1850 
 
 Edward Wemyss 
 
 ... 1851 
 
 Charles Anthony 
 
 ... 1852 
 
 Charles Anthony 
 
 ... 1853 
 
 Charles Anthony 
 
 ... 1854 
 
 Charles Anthony 
 
 ... 1855 
 
 William George 
 
 ... 1856 
 
 Francis Lewis Bodenham . . . 
 
 ... 1857 
 
 Edward Abley 
 
 ... 1858 
 
 Benjamin Lloyd 
 
 ... 1859 
 
 Thomas Cam ... 
 
 ... 1860 
 
 Joseph Carless 
 
 ... 1861 
 
 James Jay 
 
 ... 1862 
 
 Evan Pateshall 
 
 ... 1863 
 
 * Knighted on presenting an address from the 
 corporation to William IV" on his accession. 
 
 + This year, according to rotation, the writer of 
 this work would have been chosen mayor, but was 
 excused taking oflSce, counsel having advised that 
 his election would be an amotion of the office of 
 town clerk. 
 
ANCIENT CUSTOIfS OF HEREFORD. 
 
 237 
 
 Thomas Cam ... 
 
 ... 1864 
 
 Edwin Edward Bosley 
 
 .. 1873 
 
 John Bosley ... 
 
 ... 1865 
 
 Orlando Shellard 
 
 .. 1874 
 
 J. Frederick Symonds 
 
 ... 1866 
 
 Orlando Shellard 
 
 .. 1875 
 
 J. Gwynne James 
 
 ... 1867 
 
 Philip Ralph ... 
 
 .. 1876 
 
 Charles Anthony 
 
 ... 1868 
 
 William Stallard 
 
 .. 1877 
 
 Charles Anthony 
 
 ... 1869 
 
 James Henry Knight 
 
 .. 1878 
 
 Thomas Llanwarne 
 
 ... 1870 
 
 James Thomas Owen Fowler 
 
 . 1879 
 
 Edwin Edward Bosley 
 
 ... 1871 
 
 Thomas Maiind 
 
 .. 1880 
 
 Edwin Edward Bosley 
 
 ... 1872 
 
 Thomas Llanwarne 
 
 .. 1881 
 
 TOWN CLERKS OF HEREFORD. 
 
 William de Ayleston 
 
 
 Richard Welshe 
 
 
 John Babe 
 
 .. 1321 
 
 John Warnecombe 
 
 .. 1547 
 
 Thomas Buyton 
 
 .. 1322 
 
 John Elliotts ... 
 
 
 John Swaynston 
 
 .. 1452 
 
 John Clark 
 
 .. 1556 
 
 John Delamer... 
 
 .. 1453 
 
 Thomas Clark 
 
 .. 1576 
 
 John Swaynston 
 
 
 John Clark 
 
 .. 1616 
 
 Thomas Mymme 
 
 .. 1454 
 
 James Clarke, appointed by charter f 
 
 or 
 
 John Barton ... 
 
 .. 1455 
 
 life* 
 
 .. 1620 
 
 William May ... 
 
 .. 1463 
 
 Thomas Clark, appointed by charterf 
 
 .. 1682 
 
 John Barton ... 
 
 .. 1464 
 
 James Lane 
 
 .. 1704 
 
 William Mey ... 
 
 .. 1465 
 
 James Wellington 
 
 .. 1704 
 
 The same 
 
 .. 1474 
 
 Thomas Williams 
 
 .. 1731 
 
 John Baker 
 
 .. 1492 
 
 Thomas More .,. 
 
 .. 1765 
 
 John Goodman 
 
 .. 1494 
 
 Lacon Lambe ... 
 
 .. 1765 
 
 The same 
 
 .. 1497 
 
 Thomas Russell 
 
 .. 1804 
 
 The same 
 
 .. 1498 
 
 William Pateshall 
 
 .. 1823 
 
 Walter Blackeston 
 
 .. 1507 
 
 Richard Johnson 
 
 .. 1832 
 
 The same 
 
 .. 1511 
 
 Joseph Carless 
 
 .. 1868 
 
 Richard Warnecombe 
 Thomas Gibbs 
 
 .. 1516 
 .. 1526 
 
 
 
 * 17 James I. t 22 Charle 
 
 3 II. 
 
INDEX. 
 
 Aldermen, 105 ; precedence amongst, 107 ; to 
 wear their gowns, 142 
 
 Almshouses, St. Giles', 182; Williams', 183; 
 Trinity, 184; Price, 184 
 
 Apprentices, indentures of, 215 ; sent as link- 
 boys, 215 
 
 Aquablanca, bishop, 96 
 
 Arms, augmentation of, 201 ; consignment of, 
 162 ; in charge of mayor, 175 
 
 Arundel, Earl of, 102 
 
 BailifF, chief, election of, 12 ; oath of, 13 ; 
 deputy for, 14 ; punishment for striking, 
 27 ; house rent free, 40 ; foreign, 41 ; takes 
 title of mayor, 56, 104 ; list of, 229, 230 
 
 Bakers, breaking assize, 41 ; regulations con- 
 cerning, 123 
 
 Baskerville, James, 105 ; Thomas, 152 ; letter 
 from same, 167 
 
 Bedford, Earl of, pass from the, 163 
 
 Bell, common, 1 7 ; when rung, 1 8 ; market, 
 125, 129 ; petition for ringing, 130 
 
 Bell-founder, 131 
 
 Bell-man, 109 
 
 Bennet, bishop, letter from, 189 ; reply to, 
 190 
 
 Bere, de la, Richard, 105 ; bond of Thomas de 
 la Bere, 113 
 
 Bishops, their tenants to enjoy customs, 19 ; 
 claim certain rights, 95 ; charter for fair 
 granted, 96 ; concessions granted by citizens 
 to, 97 
 
 Blackfriars Hospital, 192-195 
 
 Books, loss of, 67 ; Lesser Black Book, 68 ; 
 Great Black Book, 68 
 
 Booth, bishop, letter from, 164 
 
 Bothe-hall, license to purchase, 56 ; committal 
 to ward at, 112 ; strangers to sell at, 121 
 
 Bread, regulations for sale of, 123, 125 
 
 Brewers, breaking assize, 42 ; regulations con- 
 cerning, 131 
 
 Britons, inroad of, 5 
 
 Builth market, right of trading in, 160 
 Butter, sale of, 137 
 Butchers, 127 
 Byd-ales, 151 
 
 Canute, cause tried in reign of, 71 
 
 Castle of Hereford held by Talebot, 6 ; 
 granted to Milo, 70 ; Lord Roger de Burg- 
 hull governor of, 79 ; not maintained, 110 ; 
 Wroth Rogers governor of, 203 
 
 Cardiff granted Hereford customs, 32 
 
 Carmarthen purchases customs, 24 
 
 Charles I enters Hereford, 200 ; loyalty of 
 inhabitants to, 202 
 
 Charters : Richard I, 47 ; John, 48 ; Henrj^ 111, 
 50 ; Richard II, 56 ; Henry IV, 58 ; Henry 
 V, 58 ; Edward IV, 58 ; Elizabeth, 58 ; 
 James, 58 ; Charles II, 58 ; James II, 59 ; 
 William III, 60 
 
 Church, Thomas, 167 ; Ambrose, 168 
 
 Citizens bail for strangers, 29 ; receiving damage 
 whilst absent, 30 ; dissensions amongst, 19 ; 
 heirs of, 20 ; daughters of, marrying strangers, 
 26 ; concessions extorted from, 96 ; oppose 
 Welsh traders, 136 
 
 City, sale of, 8 ; antiquity of, 47 ; when 
 besieged, 43 ; gates of, 99, 110, 111 
 
 Civil war, petitions from sufferers in, 212 
 
 Cloth, sale of, 121, 136 
 
 Coal, 128 
 
 Commons, enclosure of, 154 
 
 Commonwealth, 197 ; Parliamentary forces 
 appear before the city, 197 
 
 Convention parliament, 206 ; election of mem. 
 bere for same, 207 
 
 Coningsby, Sir Thomas, letter from, 192 ; reply 
 from mayor to, 194 ; speech from Lord 
 Coningsby, 225 ; he appoints deputy, 226 
 
 Corporation, banquets of, 173 ; address from, 
 217 ; valuables belonging to, 218 ; presents 
 given to, 219 ; banquets given by, 224 
 
 Coroner, 15 
 
INDEX. 
 
 239 
 
 Corpus Christi pageaut, 116 ; list of perform- 
 ances in, 118 ; abolished, 119 
 Corn, mills, 122 ; antiquity of, 123 ; sale of, 125 
 Cornwall, Sir George, letter from, 145 
 Council of Marches of Wales, earliest record 
 of, 149 ; their misuse of power, 150 ; appeal 
 for redress to, 151 ; letters from certain 
 officers, 153 ; orders to keep watch from, 
 
 159 ; hold court at Hereford, 159 ; case 
 referred to, 160 ; punishment ordered by, 
 
 160 ; horses detained for use of, 167, 169 ; 
 letter from, 170 ; abolition of 173 
 
 Council, number of, 106 ; precedence in, 107 ; 
 
 dress of, 142 ; not to serve strangers, 178 ; 
 
 receive petition for relief, 213 
 Courts of record, 70 ; of freemen, 15 ; cases 
 
 tried, in, 73 ; of Marches, 160 ; of frank 
 
 pledge, 212, 220 
 Custom book, origin of, 9 ; copies of, 10 ; in 
 
 chai-ge of mayor, 174 ; Le Gaunter's, 32 
 Cutlers, 14 ; petition from, 128 
 
 Dean and Chapter, fees of, 2, 41, 94 ; to enjoy 
 customs, 1 9 ; agreement made with citizens 
 by, 98 ; inhabitants residing therein to 
 defray share of city members' expenses, 181 
 
 Debt, 32 ; to strangers, 33 ; to recover, 21 
 
 Deed of feoffment, 93 
 
 Denbigh purchases Hereford customs, 30 
 
 Denis, St., fair of, grant of, 50 ; regulations 
 concerning, 135 ; traders resorting to, 136 
 
 De Spenser, Htigh, 101, 102 
 
 Devereux, W., letter from, 151 
 
 Distraint for debt within cathedral precincts, 
 138, 140 
 
 Divine ser\-ice, attendance at obligatory, 219 
 
 Domesday survey, 2, 3, 4 
 
 Douglas, Katherine, detention of, 166 
 
 Exclusion bill, 216 
 
 Fairs, St. Denis, 50 ; St. Ethelbert, 96 
 Fish, sale of, 126 ; preservation of, 127 
 Fires, precautions against, 147, 148 
 Freedom of city conferred on illustrious 
 
 strangers, 226 
 Freemen, their courts, 15 ; strangers coming 
 to same, 16 ; only to trade, 18 ; manner of 
 admission, 19 ; oath of, 20 ; privileges of, 
 112 ; not to wear cognisance, 144 ; not to 
 serve strangers, 177, 178 ; deprived of fran- 
 chise, 180 ; only to vote for parliament, 181 ; 
 
 those in almshouses free of taxes for mem- 
 bers of parliament, 182 
 Fun-iers' petition, 128 
 
 Glass, sale of, 129 
 
 Gloucester, Robert, Earl of, 6 ; Milo, count of, 
 
 70 ; abbot of, 79 ; letter from mayor of, 164 ; 
 
 order from Council of Marches sent from, 172 
 Grammar school, 186; letter nominating master, 
 
 186 ; under patronage of dean and chapter, 
 
 187 ; citizens desire management of same, 187 
 Grants : Henry III, 51 ; of murage, 52 ; of 
 
 timber, 54 ; of pontage, 55 ; of goods of 
 outlaws, etc., 57 ; to purchase in mortmain, 58 
 
 Guilds, 115 ; fee upon entrance to, 116 
 
 Guthlac, St., priory of, 79, 176 
 
 Harley, John, bishop, 160 ; Lady Brilliana, 
 letter from, 197 ; Colonel Edward, pass 
 granted to, 203 
 
 Harper's charity, 185 
 
 Haverfordwest purchases Hereford customs, 30 
 
 Hereford, Earl of, 8 : Viscount, 167 ; account 
 of, 9 ; trades of, 121 ; besieged by parlia- 
 mentary forces, 197, 198 ; besieged by 
 Scottish army, 198, 199 ; taken by strata- 
 gem, 202 
 
 Heywood forest, 54, 99 
 
 High Cross, members chaired at, 210 ; falls to 
 decay, 213 
 
 Humfrys, Dr., bishop, 147 
 
 Idiots, 29 
 
 Introduction, 1 
 
 Inquisition, general, 16 ; citizens not to be 
 
 absent, 17 ; where held, 34 ; kept without 
 
 city bounds, 35 
 Isabella, Queen, at Hereford, 101 
 
 Jews, dwellings of the, 51 ; entertainment 
 
 given by, 100 
 Joyce, JefFrys, 214 
 
 Kerry, John, petition from, 133 ; Thomas 
 
 Kerry founds almshouse, 184 
 Knights Hospitallers, fees of, 2 ; manors of, 
 
 94, 192 
 
 Laurence, James, letter from, 210 
 
 Leven, Lord, besieges Hereford with Scottish 
 
 auxiliaries, 198 ; losses then sustained, 199, 
 
 200 
 Leominster, Priory of, 79 
 
240 
 
 INDEX. 
 
 Lingen, Sir Henry, 210 
 Liberum feodum, service of, 36 
 Lottery, State, 167, 168 
 Lords Marchers, 103 
 Lodge, George, letter from, 162 
 Ludlow, orders dated from by Council of 
 Marches, 121, 144, 152, 159 
 
 Mary, Queen, marriage of, 156 ; letter respect- 
 ing same, 158 
 
 Mayors, title first conferred, 56 ; account rolls 
 of, 80 ; regulations respecting, 104 ; dress 
 of, 142 ; disrespect towards, 169 ; city 
 valuables in charge of, 174 ; none to take 
 office if in service of strangers, 177 ; to have 
 management of city charities, 182 ; to nomi- 
 nate chaplains of almshouses, 183 ; list of, 231 
 
 Mazar bowls, 224 
 
 Measures, 42 
 
 Meat, sale of, 127, 182 
 
 Mercer's bill, 144 
 
 Merrick, Jane, presented to Charles I her 
 petition, 202 
 
 Metheglyn, 132 
 
 Monetary contribution, 211 ; order for collect- 
 ing same, 211 
 
 Moniers, 2, 4 
 
 Musters for horse and foot, 155, 161 
 
 Offa, grant from, 2 
 
 Oxford, letter sent from, 159 
 
 Parliament, members of, 181 ; convention, 206 ; 
 contested election for, 209 
 
 Penthouses, 136 
 
 Pestilence, 163, 165 ; great plague, 213 ; orders 
 issued, 214 ; pass granted during, 214 ; pre- 
 cautions against, 215 
 
 Pillory, 46 ; use of, granted to bishop, 98 
 
 Porters, 108 
 
 Proclamation respecting forbidden books, 60 ; 
 concerning vagabonds, 63 ; forbidding expor- 
 tation of victuals, 65 ; respecting certain 
 coinage, 67 
 
 Punishments, 33 ; of thieves, 39 ; account of, 46 
 
 Queen Elizabeth, manifesto issued by, 170 
 
 Release from Prince Edward, 52 ; from Roger 
 Mortimer, 56 
 
 Rolls, list of Court, 72 ; account rolls, 76 ; 
 
 catalogue of, 77 ; le Gaunter's, 78 
 Ruthlan has free grant of Hereford customs, 11 
 
 Salters, 128 
 
 Sanitary measures, 146, 147 
 
 Scolding women, 43 
 
 Scudamore, John, letter from, 137 ; letter from 
 Council of Marches to, 154 ; letter from to' 
 mayor, 157 ; letter to, from Council, 158 ; 
 charge against, 204 
 
 Siege of Hereford by Stephen, 6 ; by parlia- 
 mentary forces, 197, 198 ; by Scottish 
 auxiliaries, 198 
 
 Smiths, 4 ; petition from, 128 
 
 Statutes relating to Welshmen, 103 
 
 Stewards, election of, 14 ; list of, 229 . 
 
 Shiffnal, tumult at, 153 
 
 Sumptuary laws, 141 ; order from Council of 
 Marches, 143 
 
 Sun Tavern, disturbance at, 205 
 
 Superstitious customs, 223, 224 
 
 Swinfeld, bishop, 99 
 
 Taverns, 132 
 
 Tenements, assignment of, 25 ; ejection from, 
 
 26 ; bequeathed to citizens' children, 28 ; iu 
 
 High Street, 29 
 Tokens, local, 220 ; description of, 221, 222 
 To-mi clerk, election of, 15 ; list of, 237 
 
 Vintners, 132 
 
 Waits, 109 
 
 Walters' charity, 184 
 
 Wards, bill of the. 111 
 
 Wardens, charter withheld, 120 ; of bakers 
 
 fined, 125 
 Weapons not to be publicly worn, 145 
 Widemarsh common, rights appertaining to, 155 
 Wills, of Thomas Chippenham, 81 ; Thomas 
 
 Andrews, 81 ; George Bonnor, 83 ; Richard 
 
 PhiUipps, 85 ; Richard Warnecomb, 83 ; 
 
 William Hyllar, 86 ; Bishop Scorie, 89 
 Wool, contract for sale of, 121 
 Writ of right, 38 
 
 Yayden's petition, 179 
 
UNIVERSITY OF CALIFORNIA LIBRARY 
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