The ancient customs of the city of Hereford, 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

Front matter

THE ANCIENT CUSTOMS OF THE CITY OF HEREFORD. 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. BY EICHAED JOHNSON, TOWN CLERKS LONDON: J. B. NICHOLS AND SONS. HEREFORD : E. K. JAKEMAN. 1868. WESTMINSTER : PRINTED BY J. B. NICHOLS AND SONS, 25, PARLIAMENT STREET. TO THE REV. ARCHER CLIVE, CHIEF STEWARD OF THE CITY OF HEREFORD, THIS WORK IS, WITH PERMISSION, MOST RESPECTFULLY DEDICATED BY THE AUTHOR

Preface

. 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 the city 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 if he had not been frequently urged to do so by several local antiquaries who were desirous that the information thus collected should be preserved for the benefit of future citizens, as in the course of years it often happens that by accident or other wise old records become injured or destroyed.

The writer is well 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, assuring them that his ambition will be fully satisfied if he should have succeeded in

PREFACE.

. VI affording some additional information to his fellow-citizens con cerning the early history of their native city, and he only regrets that want of leisure for the thorough prosecution of his researches has rendered it necessary to omit many points of interest. The frontispiece of this work, copied on a reduced scale from the original illumination by a daughter of the writer, is taken from a charter granted by Qneen Elizabeth, and is a good specimen of the style of that period. The art was then on the decline ; but the city records do not contain any very early examples. The letters commencing Chapters I. VI. and VII. also belong to the sixteenth century, and in the originals are in raised gold ; that of Chapter V. to a period early in the fourteenth century ; and those of Chapters II. III. and IV. to the beginning of the fifteenth century.

LIST OF SUBSCRIBERS :0 "ANCIENT CUSTOMS OF HEREFORD.** Copies. Carless, Joseph, Esq., Sen 1 Carless, Joseph, Esq., Jun 1 Carless, Henry, Mr 1 Devereux, the Hon. Humphrey, the Highwood, Leominster 1 Davenport, Eev. G. H. Foxley . . • * Davies, Eev. Eichard, Moor Court . . 1 Daniell, Eev. Edward, Bullinghope . . 1 Duncombe, Eev. ,Y. D. V., The Crozen * 1 Downes, Mrs., The Friars .... 1 David, Edward, Esq., Llandaff . . .1 Davies, James, Esq 1 Evans, Thomas, Esq., Moreton Court . . 1 Edwards, Eichard, Esq., Salop . . .1 Foley, the Lady Emily, Stoke Edith . . 2 Forster, Edward, Esq., Town Clerk of Cambridge ....... 1 Guise, F. E. Esq., Eecorder of Hereford . 1 Guthrie, Miss, St. Catherine's, Ledbury, . 1 Gliun, Mrs 3 Harcourt, the Lady Frances Vernon, The Homme, Weobly 1 Huntingford, Eev. Canon .... 1 Herbert, J. M. Esq., Eocklands . .1 Hopton, Eev.

John, Canon Frome . . 1 Howells, Eev. Edward 1 Havergal, Eev. F. T 1 Hankins, Eev. E 1 Copies. Acton, Mrs. Stackhouse, Acton Scott . . 1 Adams, Miss, Chelsea 1 Anthony, Charles, Esq 1 Abley, Edward, Esq 1 Bateman, the Bight Hon. Lord, Shobdon Court T Baggallay, Eichard, Esq., M.P. Lincoln's Inn 2 Bennett, Admiral Braithwaite, John, Esq., Temple, London . 1 Bird, Bev. Thomas, Yarkhill ... 1 Barnwell, Eev. E. L., Melksham, Wilts . 1 Bodenham, F. L. Esq. .... 1 Barter, George, Esq 1 Bull, H. G. Esq., M.D 1 Ballard, Philip, Esq ! Bosley, John, Esq., Lyde .... 2 Beddoe, H. C. Esq. . . * • • 1 Burke, Mr., Chelsea 2 Clive, Eev. Archer, Whitfield ... 1 Colvin, Colonel, C.B., Leintwardine . . 1 Cooke, G. F. Esq., Serjeants' Inn, London . 1 Cooke, W. H. Esq., Temple, London . . 1 Clarke, Thomas, Esq., Demdale . . . 2 Clarke, Luttrell, Esq., Ludlow ... 1 Curtler, J. G. Esq., Worcester ... 1 Cleave, John, Esq 1 Chadwick, E. Esq 1 Craig, Eobert, Esq., Salop .... 1 Curley, Thomas, Esq l LIST OF SUBSCRIBERS.

Copies Priee, Eev. A., Lugwardine .... 1 Freston, J. W., Esq., Tenbury ... 1 Fember, G. H., Esq., Blackheath Park . 1 Fember, Mr. C, 1 Pilley, Mr 1 Eavenhill, J., Esq., Maismore Square, London 2 Eandall, David, Esq., Neath . 1 Saye and Sele, The Eight Hon. and Ven. Lord 2 Stanhope, Sir Edwyn Seudamore, Bart., Holme Laey 1 Symonds, Frederick, Esq 1 Stone, John, Esq., Town Clerk of Bath . 1 Strickland, Jacob, Esq., Clifton . . .1 Smith, G. Townshend, Esq 1 Taylor, Eev. Charles, Great Gressingham, Norfolk 1 Thomas, F. H., Esq., Bewell House . . 1 Taylor, Theo., Esq., Ebury Street, London . 1 Underwood, Eev. Eichard .... 1 Venn, Eev. John ...... 1 Vevers, Henry, Esq 1 Waring, Ven. and Eev. William, Archdeacon of Salop ....... 1 Webb, Eev. John, F.S.A., Hardwick Vicarage 1 Weare, Eev. William, Hampton . . .2 Williams, Eev.

Thomas, Leamington . . 1 Woollam, Bev. John . • . . .2 Wilson, Eev. Hugh, Church Stretton . . 1 Weaver, Miss 1 Woof, T. C, Esq., Town Clerk of Worcester 1 Wynne, Nicholas, Esq 1 Watling, Eev. Charles, Eingsland . . 1 Walmsley, SE*., Liverpool . . . . 1 Copies. Hoskyns, Chandos Wren, Esq., Harewood . 1 Hereford, Eichard, Esq., Sufton Court . . 1 Harris, Captain, E.N, Breinton . . .1 Holder, Miss, Bath 1 Hislop, William, Esq., Stretton House, Salop 1 Humfrys, William, Esq. .... 1 Jebb, Eev. John, D.D., Peterstow . . 2 James, J. G. Esq., Mayor of Hereford . . 1 .lay, James, Esq., Litley .... 1 James, J. H., Esq., Temple, London . . 1 Jeffery, John, Esq., Town Clerk, Northampton ........ 1 Jenkins, Henry, Esq., Holmer . . .1 Jonos, Messrs. ...... 2 Jakeman, Mr. ...... 2 Knipe, Francis, Esq., Worcester . . .1 Knight, J. H., Esq 1 Lane, Eobert, Esq., Eyelands . . .1 Lloyd, John, Esq., Huntington Court . . 1 Lewis, Mrs., Aymstrey ... .2 Ley, Eev.

W. H., Shellack .... 1 Lawrence, Eev. William, Clifton . . .1 Lingen, Charles, Esq., M.D 1 Lanwarne, Thomas, Esq. .... 1 Lloyd, Edwin, Esq., Leominster . . .1 Lane, Theophilus, Esq. . . . . .1 Lane, J. C, Esq. ...... 1 Milman, Sir AVilliam, Bart 1 Musgrave, Eev. Canon ..... 1 Matthews, Frederick, Esq., Clifton . . 1 Morrison, Mr. ...... 1 Nichols, John Gough, Esq., F.S.A. . . 1 Pateshall, Evan, Esq., Poole House, Hereford 1 Poole, Eev. J., Hentland .... 1 Power, Eev. T. B., Upton Bishop ANCIENT CUSTOMS OF THE CITY OF HEREFORD

Chapter I

Introductory remarks — Extract of customs from Domesday Survey — Inroad of the Britons — Castle of Hereford held by rebellious barons against Stephen — Sale of the city by Richard I. — Origin of Ancient Custom Book — Duties of the chief bailiff — Of the king's bailiff, steward, and town clerk — Admission of freemen — Freemen's courts — Recovery of debts — Wills of citizens — Punishment for striking chief bailiff — Concerning merchants. 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 our consideration the scarcity of works which afford any correct intelligence re specting the social life of our forefathers, and consider also the time and laborious research that must necessarily 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, re quiring 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 source of B ■2 ANCIE1ST CUSTOMS 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 Norman ancestors. We also observe the gradual progress and developement 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 quo tations, 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 and its vicinity has been on several occasions given to the public, and to enter upon such an extensive subject would greatly exceed the limits of this work; consequently we shall now treat of those events which more particularly illustrate the manners and customs of the people. The adventures of nobles and others connected with the Court or participating in the government of the country have often been recorded, but few writers have studied the less stirring history of citizens and burgesses, the original framers of those municipal laws by which trade and commerce were governed. Hereford is described by early chroniclers as being strongly fortified, sur rounded with walls, and defended by a large castle. In the year 758, the ambitious Saxon king Offa held the town as a royal demesne, and 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 seignorics within the city and its liberties. We cannot have recourse to better authority than Domesday Book for infor mation respecting the customs of the country in the age immediately preceding the Norman invasion. That valuable work, and other ancient 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 sheriff, 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 duties rendered by the inhabitants to the king as lord of the manor. " In the city of Hereford, in the time of King Edward, were one hundred and three men, dwelling within and without the walls, and they had these customs under written: " If any of them wished to leave the city, he might, with the consent of the prepositus, sell his house to another man willing to perform the due service thereof ; and the prepositus had the third penny for this sale. " If any one by reason of his poverty could not perform his service, he relinquished without payment his house to the prepositus, who provided that the house should not remain empty, and that the king should not be deprived of his service. " Within the walls of the city every entire dwelling-house paid seven pence halfpenny, and four pence for lodging the horses, and three days in August mowed at Maurdine (Marden), 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 (Urmelauia). When the king went a hunting, 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 his 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 an entire house without the walls paid only three pence halfpenny. " These other customs were common: — From every man whose wife brewed B2 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 therefor by custom ; and these smiths were free from all other service. " Seven moneyers 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 moneyers 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 to go would not go he was fined to the king forty shillings. " In the same city Earl Harold f had twenty-seven burgesses, having the same customs as the other burgesses. " For this city the prepositus paid twelve pounds to the king (Edward) and six pounds to Earl Harold, and had in his revenue all the customs above mentioned. And the king had in his domain three forfeitures, — breach of the peace, heinfare,} and forestalls Whoever did any of these things paid fine to the king of one hundred shillings, whose man soever he might be. Now 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 335L 18s., except pleas of hundred and county." * Horse shoes or arrow heads. t Earl Harold, at the death of Edward the Confessor, took possession of the throne of England, but was killed at the battle of Hastings. % 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. The number of men stated in Domesday Book as inhabiting this city probably did not represent the total population, but comprised the owners or occupiers of houses, or those burgesses available for military purposes ; nevertheless, 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.

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 Badulph, King Edward's sister's son, slew four or five hundred men, and wounded many more ; Duke Radulph himself, with the French 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." * 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 inti mate 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 * Flor. Wore, and Chron. Mailros. Maude, daughter of Henry I. A civil war ensued, and on the declaration of Robert Earl of Gloucester in Maude'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 kinothe 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 all the enemies of his royal dignity. Whilst the king was besieging the castle, the insur gents 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 any one, but suffered his enemies to depart free. The king also took the town of Webbe ley, which Geoffry de Talebot held against him after he had escaped from Here ford, — 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 all 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." f In 1139 Stephen suffered many reverses; and Maude's party amongst 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. Ethelbert, yea, of St. Mary herself, as into a castle, and put up their horses in the very church as in a stable ; and in * H. Huntingd. 8.

Atkyns, pp. 2, 45. For these interesting extracts we are indebted to Sayer's History of Bristol. t Order. Vit. lib. xiii. p. 917. drawing a ditch through the cemetery had cruelly dug up the bodies of the faithful. Robert 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 Maude is graphically described by Robert 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 right.

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 littering loud cries, either because^the burial-place of their friends was thrown up against the ramparts of the castle, and 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." f As a reward to Milo for his services and staunch support, Maude during her short term of prosperity created him, by patent, Earl of Hereford, and also gave him, amongst other things, the third penny of the rent of that borough as well as the third penny of the pleas of the county. This powerful baron, however, lost all his privileges and honours when Stephen succeeded in regaining the throne. Hereford continued appurtenant to the crown until the reign of Richard I., * Contin. Flor. Wore. t Gesta Stephani. who sold his right and interest therein to the inhabitants— 9th of October 1189 — a few months after his accession, on the condition that they should assist to repair the walls of the city, pay forty marks in ready money, and a yearly rent of forty pounds.

In order to obtain funds to enable him to undertake the crusade in the Holy Land, Richard parted also with many other royal manors. A celebrated modern writer thus remarks upon these transactions: — " 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 corporation, 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 Bichard 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 city 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 only purchased of Richard I. one township, but the royalty of the other eight was granted to them, 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 or authority; for the inhabitants of cities and towns were then principally descended * Thierry's Hist. Norman Conquest, page 226. from Anglo-Saxon ancestors, whom the Normans disdainfully regarded as an inferior race. From its position on the Marches of Wales, Hereford early became a place of considerable importance. Its form of government attracted respec tand attention, and many applications were made by inhabitants of other towns and villages to be allowed to enjoy its laws and customs. Amongst others, the men of Drussel lane* presented a petition to Henry II. and this sovereign in compliance with their request sent a royal mandate to his chief bailiff at Hereford, commanding him to search out the laws used there, and form them into a regular code, so that when required such might be produced without delay.

Accordingly a council was con vened, composed of the principal citizens, and from this meeting originated the ancient custom-book, containing the laws by which the city of Hereford was governed for many centuries. The following extracts are taken from a translation of this record. " At a court of our sovereign lord the king, held 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 I. the inhabitants of the village of Drussellane in Wales brought a writ from our lord the king directed to his majesty's bailiff at Hereford; wherein it was contained that our lord the king by his charter had granted to the inhabitants of the village of Drussellane 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 ; and that the bailiff should search out the laws and customs formerly granted to the inhabitants, so that whensoever such laws and customs 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 Drussellane 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. * Supposed to be Ruthin or Rhuddlan, in North Wales. c For they said that by their law or custom they were not bound to swear contrary to their will, unless in a matter touching the crown and dignity of our lord the king, or unless they might benefit their fellow-citizens.