Source.—"Customs of Hereford," in the Journal of the British ArchÆological Association, vol. xxvii., pp. 460 et seq. (London: 1871.)

[The customs of Hereford were placed on record in the reign of Henry V., and rewritten in 1486. Many of the customs were of much older date; even in 1486 some were of a duration from "time immemorial."]

Election of Bailiff.—First of all we use at the Feast of St. Michael to choose unto us a bailiff of our fellow-citizens, by the whole consent of the city, who is powerful to labour and discreet to judge, holding some tenements or hereditaments in the fee of our Lord the King; and 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 those 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 to our fellow-citizens; thirdly, to perform the affairs of our city at our own charges, if so be they may be finished sooner or better than by any other of our citizens.... And this shall be the oath of the bailiff when he is chosen. He shall not have respect to anyone's person who hath been heretofore elected.

The Mayor's Oath.—First, that he shall be true to our Lord the King in all things; secondly, that as much as in him lies, as well by day as by night, he shall faithfully defend and keep the city of Hereford, the city of our Lord the King; thirdly, he shall defend and maintain the laws and customs of the city during his time;... fourthly, that he shall administer justice and judgement to every one, not having respect to any one's person; fifthly, that he shall not hold or keep the office of his mayoralty but for one year after his election; sixthly, if so be that he be a layman, he shall do all things belonging to his office by the counsel of his faithful citizens....

Concerning our courts, we use to keep them on a Tuesday, from the fifteenth day until fifteen days; unto which courts all citizens of our Lord the King ought to come, and chiefly all those which hold any tenement of our Lord the King; and especially to the two first courts holden after the feasts of Michaelmas and Easter, at which two courts the assize of bread and beer shall be ordained, and keepers to keep the same assize; and unto the said courts and other courts [shall come] all others who complain of any trespasses committed, or any other thing touching the state of the city or themselves, and they ought to speak the truth upon their own peril, not bringing with them any stranger ... because we do not use that strangers shall come and implead amongst us, and know the secrets of the courts, for divers dangers that thereby may ensue....

Night-Walkers.—And it shall be commanded ... that, among other things, it shall be proclaimed that no vagabond or night-walker be within our 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 unto the gaol of our Lord the King, and there he shall stay until the morrow.... 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 said city and suburbs. And we do not say that it ought to ring unless it be for some terrible fire burning any row of houses within the said city, or for any common contention whereby the city might be terribly moved, or for any enemies drawing near unto the city, or if the city be besieged, or any sedition shall be between any, and notice thereof given by any unto our chief bailiff.... Also we use that if any one of our citizens hath any tenements situate in the High Street of the city, or having over part of the pavement, and it be ruinous, so that danger may happen to us or to our children, or to others going along the city; and especially if the Lord our King, or any of his, should happen to pass along that street ... in such case our chief bailiff shall cause them to be warned that have such tenements, that they amend them in more safer manner within three days; and unless they do so, let three days more be given them, in the behalf of our Lord the King and the commonalty; and unless it be then done, our chief bailiff, taking with him the power of the city, if it be needful, shall go to such a tenement, and in his presence let it be thrown down at the costs of him to whom the tenement belongeth, or if needful, at the costs of the commonalty;...

Brewers to the Cucking-Stools.—... And if any brewer hath brewed and broken the assize of our Lord the King, allowed and publicly proclaimed in the said city, she ought by the bailiff to be amerced the first and the second time; and if she break the assize the third time, she ought to be taken by the bailiff and to be led to the judgement which is called the Gongestole....

Scolds.—Also it was agreed upon concerning scolding women, that by them many evils do arise in the city viz. by wrangling, fighting, defaming, troubling by night those which are at rest, and often times moving schisms between their neighbours, and by contradicting the bailiff and ministers and others; and in their prison, by speaking ill or cursing them,... wherefore, at all times when they shall be taken and convicted, they shall have their judgement, without any redemption to be made; and there they shall stand, with their feet bare, and their hair hanging about their ears, by so much time as they may be seen of all those which pass by that way ... and afterwards, the judgement being finished, let her (the scold) be brought to the gaol of our Lord the King, and there stay until she hath made redemption at the will of the bailiff. And if she will not be amended by such punishment, let her be cast out of the city.