CUSTUMAL: CAPITULUM 51
Upon their election each year, the city
bailiffs will take oath that:
- They will serve the king faithfully in that office of having custody
of the city.
- They will treat the people of the city properly, giving equal justice
to rich and poor.
- They will uphold and maintain the laws, liberties and customs of the
city in all matters.
- They will faithfully acquit the city of its obligation by paying in full
its fee farm.
- They will execute judgements of the city court in all points, as
specified by city custom, sparing no-one.
- They will not permit any foreigner to stay in the city conducting
commerce as though a peer of the town,
unless he first makes solemn entry
[into the
franchise] before those
elected by the community to administer that.
If they are informed of anyone conducting commerce in the city contrary
to the above, they will have his goods seized and put in safekeeping until
he pays a penalty for the offence and swears not to commit the act again
without becoming a peer of the city (to which he is to be compelled, if
he wishes to remain in the city).
[This chapter is little more than a rephrasing of the oath itself,
except that it becomes diverted at the close into the matter of illegal
trading it is hard to believe that the last clause perhaps even
the last two clauses would actually have been specified in the
ballival oath. It is not clear here whether the use of "foreigner"
refers to someone whose residence is outside of the city, or to a
resident non-freeman. Similarly, the entry to which the foreigner is
to be compelled may be as a full freeman (if he is a resident)
or as a foreign burgess, if all he
wishes is to obtain trading rights in the city. The Liber
Consuetudinum version is less specific, using "anyone" instead of
"foreigner".]