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