278
ORIGIN OF TOWN COUNCILS
set up in 1376.1 Thus a double council of the normal type was
evolved and the assimilation was completed when in 1566 it
was decided to have twelve aidermen at the least.2
9. Yarmouth {Great). The first known council at Yar-
mouth, as at Cambridge, was called into existence mainly to
cope with local disorder, but here it was the doing of the
burgesses themselves. In 1272 the bailiffs and community
obtained a royal inspeximus of certain ordinances which they
had made with this object, for the execution of which and
to support their bailiffs they had provided twenty-four good
men ∖prodes hommes) of the town elected and sworn, who in
case of negligence were to forfeit forty marks to the king.3
This might seem to be a temporary measure ad hoc, but,
as a matter of fact, it was the institution of the council with
which the bailiffs henceforth governed the borough. The town
still possesses letters of appointment by the burgesses and
community under their common seal in the tenth year of
Richard II, appointing twenty-four persons to do all things in
accordance with Henry Ill’s charter.4 It is surprising that
Yarmouth, which had had a grant of its fee farm and the right
to elect its bailiffs from King John eight years after Ipswich,5
should have gone so long without a council. Were its burgesses
so much more democratic than those of Ipswich, or was an
earlier council replaced in 1272 by one bound by more stringent
oaths and penalties ?
10. Winchester. The French Custumal of Winchester,
which its editor dates about 1275, records the existence in the
city of twenty-four sworn persons elected from the most
trustworthy and wise of the town loyally to aid and counsel
the mayor in saving and sustaining the franchise.® They
were to attend on proper summons from the mayor, and if
absent without reasonable excuse forfeited a bezant (2s.)d
1 See below, p. 335.
2Cooper, Annals of Cambridge, ii. 226. For earlier numbers see ibid.,
pp. 59, 105, 108.
3 B.B.C., p. 368 : " Et pur aforcer nos bailifs et ces avaunt-dites choses
Susteiner et parfurmer, si avum nus purvou vint et quatre prodes hommes
de la vile et a ceo eluz et juriz, etc.”
lHist. MSS. Comm., Rept. IX, part 1, Appendix, p. 305a.
5 B.B.C. i. 230, 244.
β " En la cite deiuent estre vint e quatre iurez esluz des plus prudes-
homes e des plus sages de la vile e (sic) Ieaument eider et conseiller le
avandit mere a la franchise sauuer e sustener ” (J. S. Furley, The Ancient
Usages of the City of Winchester, pp. 26-7).
7 Ibid. The same amercement at Berwick. None of the twenty-four
was to maintain a party in court or appear as an advocate in prejudice
of the liberty of the city.
EXETER, SOUTHAMPTON, LINCOLN 279
As the city had had a mayor since 1200 at least, the council
of twenty-four may go back to the beginning of the century,
but unfortunately there is no record of it during the interval.
Its participation with the community in the election of the
mayor, and with the mayor in the selection of the four prodes
hommes from whom the community elected the bailiffs, does
not look a very early feature.
II. Exeter. The rolls of the Exeter city court, which are
fragmentary until 1286, contain lists under 1264 and 1267
which may represent an elected council of twenty-four,
divided in one case between maiores and médiocres,1 but it is
not until 1296 that there occurs notice of the election of
twenty-four, by consent of the whole community of the city,
to rule the city with the mayor for the year, to guard its
franchises in every particular, to observe properly its ordin-
ances (statuta), to advise the mayor wisely and loyally, to
keep his good counsel, to come at his summonses, to maintain
the king’s peace, showing no favour to disturbers thereof,
and to do common justice to all.2 To all of which they
were sworn. The enumeration of their duties, which is un-
usually full, marks them as full colleagues of the mayor in
the general administration of the city and lays no particular
stress on their judicial function.
12. Southampton. At Southampton about 1300 it was the
custom for the community every year on the morrow of
Michaelmas Day to elect twelve prodes hommes to ensure the
execution of the king’s commands along with the bailiffs—-
there was no mayor—to maintain the peace and protect
the franchise, and to do and keep justice to all persons, rich
and poor, denizens and strangers, all that year.3 Their oath
bound them inter alia to be aid and counsel (“ eidaunt et
Consaillaunt ”) to the bailiffs in executing the king’s commands,
etc., to be present at every court, and to attend on every
summons of the bailiffs to hear the king’s command or to
render judgement in court.4
13. Lincoln. Certain provisions made by the mayor and
community for the government of the city, probably about
the same date, order that the community with the advice of
the mayor shall choose twelve fit and discreet men to be judges
1 B. Wilkinson, The Meditsval Council of Exeter (1931), xxvii. fi. ; ɪ ff.,
64 ff. 2 Ibid.
a Oak Book of Southampton (Southampton Record Society), i. 44.
* Ibid., 52.