Nor were these empty threats. The laws and ordinances against prowlers and vagabonds, or “night-walkers,” as they were officially styled, were continually enforced by the attachment of offenders. Many cases are given in the memorials of London. Thus, 4 Edw. II. A.D. 1311: Elmer de Multone was attached on indictment as a common night-walker in the ward of Chepe; “in the day,” it was charged, “he was wont to entice persons and strangers unknown to a tavern and there deceive them by using false dice.” He was furthermore indicted “in Tower ward for being a cruiser and night-walker against the peace, as also for being a common ‘rorere.’[9] Multone was committed to prison. Others met with similar treatment. John de Rokeslee was attached as being held suspected of evil and of beating men coming into the city;” “Peter le Taverner, called Holer,” the same, and for going with sword and buckler and other arms; John Blome was indicted “as a common vagabond[10] for committing batteries and other mischiefs in the ward of Aldresgate and divers other wards.” “A chaplain,” our modern curate, Richard Heryng, was attached on similar charges, but was acquitted. Not only were the “roarers” themselves indicted when taken in this act, but also those who harboured them, like John Baronu mentioned in the same document as attached “for keeping open house at night, and receiving night-walkers and players at dice.” The prohibition against fencing-masters was also rigorously enforced, as appears by the indictment of “Master Roger le Skirmisour, for keeping a fencing school for divers men, and for enticing thither the sons of respectable persons so as to waste and spend the property of their fathers and mothers upon bad practices, the result being that they themselves become bad men. Master Roger, upon proof of a jury that he was guilty of the trespasses aforesaid, was committed to Newgate.”
Incarceration in Newgate, however, was meted out promptly for other offences than those against which the last-mentioned legislation was directed. Priests guilty of loose living, Jews accused rightly or wrongly, now of infanticide, of crucifying children, now of coining and clipping, found themselves in the gaol for indefinite periods. People, again, who adulterated or sold bad food were incontinently clapped into gaol. Thus William Cokke of Hesse (or Hayes) was charged with carrying a sample of wheat in his hand in the market within Newgate, and following one William, the servant of Robert de la Launde Goldmsith, about from sack to sack, as the latter was seeking to buy wheat, telling him that such wheat as the sample could not be got for less than twenty-one pence per bushel, whereas on the same day and at the same hour the same servant could have bought the same wheat for eighteen pence. Cokke, when questioned before the Mayor, Recorder, and certain aldermen, acknowledged that he had done this to enhance the price of wheat to the prejudice of all the people. He was in consequence committed to gaol, and sentenced also to have the punishment of the pillory. The same fate overtook Alan de Lyndeseye and Thomas de Patemere, bakers, who were brought before the bench at Guildhall, and with them “bread they had made of false, putrid, and rotten materials, through which persons who bought such bread were deceived and might be killed.” The fear of imprisonment, again, was before the eyes of all who sought to interfere with the freedom of the markets. Thus it is recorded in the ordinances of the cheesemongers, that “whereas the hokesters (hucksters) and other who sell such wares by retail do come and regrate such cheese and butter before prime rung, and before that the commonalty had been served, may it be ordained that no such hokesters shall buy of any foreigner before the hour of prime on pain of imprisonment at the will of the Mayor.” Similar penalties were decreed against “regrating” fish and other comestibles for the London markets.
In 1316 Gilbert Peny was bound in the third time in default for selling bread deficient in weight. He had been twice drawn on the hurdle, and it was therefore now adjudged that he should be drawn once more, and should then forswear the trade of a baker in the city for ever. One of many similar cases is that of William Spalyng, who, for selling putrid beef at “les Stokkes,” the stocks market near Walbrook, was put upon the pillory, and the carcases were burnt beneath. Another who made shoes of unlawful material had them forfeited. Bakers who stole dough from the moulding-boards of other bakers were exposed on the pillory with the dough hung about their necks[11].
Richard le Forester, for attempting to defraud with a false garland or metal chaplet for the head, was sentenced to stand in the pillory, and afterwards to forswear the city for a year and a day. Traders convicted of having blankets vamped in foreign parts with the hair of oxen and of cows were punished, and the blankets were burnt under the pillory on Cornhill. Similarly, false gloves, braces, and pouches were burnt in the High Street of Chepe near the stone cross there. John Penrose, a taverner, convicted of selling unsound wine, was adjudged to drink a draught of the said wine, and the remainder was then poured out on his head. Alice, wife of Robert de Cranstom, was put in the thew, or pillory for women, for selling ale by short measure; and so was Margery Hore for selling putrid soles, the fish being burnt, and the cause of her punishment proclaimed. Two servants of John Naylere were placed in the stocks upon Cornhill for one hour, and their sacks burnt beside them, for selling a deficient measure of charcoal, while their master’s three horses were seized and detained by the Mayor’s sergeant until he (Naylere) came and answered for the aforesaid falsity and deceit. William Avecroft, having unsound wine, the sheriffs were ordered to pour all the wine in the street and wholly make away with it, according to the custom of the city.
The ‘Liber Albus’ contains other ordinances against brawlers and loose livers. The former, whether male or female, were taken to the thew, a form of pillory, carrying a distaff dressed with flax and preceded by minstrels. The latter, whether male, female, or clerics, were marched behind music to Newgate, and into the Tun in Cornhill.[12] Repeated offences were visited with expulsion, and the culprits were compelled to forswear the city for ever. The men on exposure had their heads and beards shaved, except a fringe on their heads two inches in breadth; women who made the penance in a hood of “rag” or striped cloth had their hair cut round about their heads. Worse cases of both sexes were shaved like “an appealer,” or false informer. The crime of riotous assembling was very sharply dealt with, as appears from the proclamation made in the King’s (Edward III.) departure for France. It was then ordained that “no one of the city, of whatsoever condition he shall be, shall go out of the city to maintain parties, such as taking leisure, or holding days of love (days of reconciliation between persons at variance), or making other congregations within the city or without in disturbance of the peace of our lord the king, or in affray of the people, and to the scandal of the city.” Any found guilty thereof were to be taken and put into the prison of Newgate, and there retained for a year and day; and if he was a freeman of the city, he lost his freedom for ever.
The city authorities appear to have been very jealous of their good name, and to have readily availed themselves of Newgate as a place of punishment for any who impugned it. A certain John de Hakford, about the middle of the fourteenth century, was charged with perjury in falsely accusing the chief men in the city of conspiracy. For this he was, presumably upon proof, remanded by the Mayor and aldermen to Newgate, there to remain until they shall be better advised as to their judgment. A little later on, Saturday the morrow of St. Nicholas (6 Dec., 1364), this judgment was delivered, to the effect that the said John shall remain in prison for one whole year and a day, and the said John within such year shall four times have the punishment of the pillory, that is to say, one day in each quarter of the year, beginning on the Saturday aforesaid, and in this manner: “The said John shall come out of Newgate without hood or girdle, barefoot and unshod, with a whetstone hung by a chain from his neck and lying on his breast, it being marked with the words ‘a false liar,’ and there shall be a pair of trumpets trumpeting before him in his way to the pillory, and there the cause of this punishment shall be solemnly proclaimed, and the said John shall remain in the pillory for three hours of the day, and from thence shall be taken back to Newgate in the same manner, there to remain until his punishment be completed in manner aforesaid.” This investiture of the whetstone was commonly used as a punishment for misstatement;[13] for it is recorded in 1371 that one Nicholas Mollere, servant of John Toppesfield, smith, had