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The Tailors, Drapers, and Mercers of London and the London Commissary and Husting Court Wills, 1374-1485

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The Tailors, Drapers, and Mercers of London and the London Commissary and Husting Court Wills, 1374-1485 The Tailors, Drapers, and Mercers of London and the London Commissary and Husting Court Wills, 1374-1485 by Eileen Kim A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Centre for Medieval Studies University of Toronto © Copyright by Eileen Kim 2015 ii The Tailors, Drapers, and Mercers of London and the London Commissary and Husting Court Wills, 1374-1485 Eileen Kim Doctor of Philosophy Centre for Medieval Studies University of Toronto 2015 Abstract Scholarly interest in the intimate lives of individuals in late medieval England has been particularly strong over the past thirty years. This interest can be linked to heightened scrutiny of wills and the nature and extent of their utility as access points into testators’ lives, their most intimate relationships, and their varied desires and concerns, particularly in the context of the family and the household. Some scholars have argued that wills present a limited view of testators in a specific moment, rather than encompassing the entirety of the individuals’ legacies. The heavily formulaic nature of the wills enrolled in late medieval English courts have also been considered characteristics that hamper the ability of the documents to reveal testators’ individual personalities and concerns. Others, however, have noted that testators’ adherence to formulaic structure in wills in fact constitutes a community founded on participation in shared traditions, and that the conventions of will-making still allowed testators a certain degree of flexibility to assert their own desires and address their individual concerns. This thesis presents evidence from wills enrolled from 1374 to 1485 in London’s Husting and Commissary Courts. I argue that the conventions and guidelines concerning format, structure, and content of wills in late medieval London indeed were the primary forces in shaping them, but the same guidelines also allowed some room for testators to acknowledge and affirm close relationships and to look after their own spiritual welfare. The thesis demonstrates that testators could and often did negotiate the wills’ structural and legal conventions in singular ways, most often to assert and maintain the supervision of their wives’ circumstances as widows, and also to enact and confirm their own iii piety as a measure of ensuring their memory in the larger community and their spiritual welfare following their death. iv Acknowledgments As counter-intuitive as it sounds, I’m convinced that one of the secrets of the thesis research and writing process is that it is a great way to meet people. My sincere thanks, first, to my supervisor, Michael Gervers, for his unfailing support and super-human patience as I bombarded him with ideas and writing of all sorts. My advisory committee in both my earlier and later stages, Alex Gillespie, Mark Meyerson, and Barbara Todd, have been superb, and they each have my profound thanks for their constant encouragement and extraordinary feedback. I am also grateful to Isabelle Cochelin, both in her role as my internal examiner and for going out of her way to help me as I raced to finish my thesis. I am very thankful as well to my external examiner, Barbara Hanawalt, whose insightful feedback was invaluable in helping me make significant improvements to my work. Special thanks to George Rigg for his help, warmly given, to my Latin. Our department’s graduate administrator, Grace Desa, has also been a source of great support. Anna Slawek gave me critical working time and always cheered me on. I am very lucky to have a core of great friends. Katie Lindeman Boyd has seen me in some of my best and worst moments—she has been a true blessing and sister of the heart (hi, K-dawg). Emira Bouhafna and Leah Faibisoff have been incredible sources of support and laughter, and I am always grateful to have them in my life. Lauren Lydic has been a dear friend, from our undergraduate days through the present—thank you for always checking up on this delinquent. Mustafa Banister, Dan Brielmaier, Susannah Brower, Emily Butler, Lisa Chen, Agnes Ecsedy, Jen Gilchrist, Giselle Gos, David Gugel, Daniel Jamison, Nick Johnston, Christian Knudsen, George Lamont, Paul Langeslag, Kristen Mills, Laura Mitchell, Jaclyn Piudik, Clare Snow, Robin Sutherland-Harris, Beth Watkins, Nick Wheeler. You guys are amazing. Chris Berard spent an afternoon talking me through my thesis in a moment of intense self-doubt. Niki Hamonic has been a critical source of strength and support to me, and I am profoundly grateful to her. Andrew Reeves answered several 11th-hour emails with grace and kindness, and his humor and enthusiasm never fails to cheer me up. My apologies to any whom I’ve accidentally left out—space and time are exacting taskmasters. Finally and above all, my parents Yong Won and Bong Sin Kim, and my brothers, Jerry and June Ha Kim. You mean more to me than I can ever say. Love you, always. v Table of Contents Introduction General Overview: Goals of the Thesis 1 Sources of This Study: Wills 2 The Court System in England: The London Commissary Court in Context 3 The London Husting Court in Context 6 “Will” Versus “Testament”: Usage of Terms 9 Wills: Standard Formula(s) and the Will-Making Process in Late Medieval London 11 From Writing the Will to Probate in Court 16 Will Enrollment and Probate Procedure 19 Methodology, Limitations, and Aims of the Present Study 22 Wills: Coverage, Caveats 24 Wills: Some Limitations as Sources 26 The Use of Wills as Historical Sources: Historiographical Survey 28 Wives, Widows, Daughters: Women in the Wills of London 34 Piety and Charity: Wills as Instruments of Expression 36 Life in London: Circles of Communities, Aspects of Identities 39 Chapter One: London in Context: Political, Economic, and Social Development and Organization in the City 43 Economic Shifts and Movements 50 Attaining Citizenship in London 54 Guilds, Fraternities, Misteries, and Crafts Versus Trades 57 Terminology 58 Early Beginnings of Corporate Activities and Group Identity: Guilds, Crafts, and Trades 59 London’s Tailors, Drapers, and Mercers: From Early Beginnings to Membership in the “Great Twelve Livery Companies” 65 The Tailors of London 66 The Drapers of London 70 The Mercers of London 75 Parishes: Communities Within the City 76 Households and Family Structures: Definitions, Forms, Approaches 81 Women in the Household: Wives and Widows 84 Chapter Two: Wills from London’s Husting Court 89 The London Husting Court(s): Beginnings and Development 90 Husting Court Wills: Jurisdiction, Scope, Conditions for Enrollment of Wills 94 London Borough Law and Customs: Regulations and Provisions for Wives and Children 97 The Marriage Settlement: From Maritagium (Lands) to Marriage Portion (Money) 102 Dower 107 Legitim 109 Free Bench 110 vi Jointure 111 Context on Provisions for Widows 112 From Husband to Wife: Testators and Provisions for Widows in the Husting Court 122 Executors 130 Chapter Three: Wills from London’s Commissary Court: Provision for the Family, Instruments of Piety and Charity 132 London Commissary Court: Context 133 Commissary Court: Legal Context; Overview of Statistical Content 135 Provisions for Wives: The Conjugal Relationship in the Commissary Court Wills 141 Widows: Continuing the Trade 145 Assigning Widows’ Portions: Restrictions and Provisos 147 Widows: Liminal Figures? Ambivalence towards Surviving Spouses in the Commissary Court Wills 150 Daughters and Sons, Servants and Apprentices: Members of the Family, Members of the Household 157 Parish Church and Clergy 164 Parish Membership, Parish Church Burials: Claiming One’s Place in the Community 165 Bequests and Directions for Funeral and Burial Expenses 172 Wills: Instruments of Charity and Piety 175 The “Onus” of Executors and Executrices: Scope and Responsibilities of the Appointment 179 Executors’ Responsibilities: Debts and Residue, or Last Things and Loose Ends 189 Succession to the Trade: The Next Generation? 191 Chapter Four: Case Studies of Prominent Londoners with Wills in the Commissary and Husting Courts 196 Adam Fraunceys: Mercer, Mayor, Benefactor 197 John Northampton: Mayor in a Time of Civic Unrest 207 Ralph Holland: Tailor Amidst Political Upheaval in Fifteenth-Century London 223 Robert Drope: Draper, Mayor, Money Lender 230 Conclusions 239 Bibliography 243 vii List of Figures Figure 2.1 Conditional Bequests to Wives in Husting Court Wills 125 Figure 3.1 Bar Chart: Recipients Mentioned in Commissary Court Wills 139 Figure 3.2 Table: Percentages of Commissary Court Wills Mentioning Various Recipients 139 Figure 3.3 Table: Percentages of Commissary Court Wills Mentioning Various Recipients (descending order) 140 Figure 3.4 Tables: Parish Membership in London, By Trade 166 Figure 3.5 Map of Parish Membership in London, By Trade 168 Figure 3.6 Testators’ Appointees to Testamentary Executorship 186 Figure 4.1 London Properties Under John Northampton’s Ownership 217 viii List of Abbreviations BC Borough Customs. 2 volumes. Edited by Mary Bateson. London: B. Quaritch for the Selden Society, vols. 18 and 21 (1904-6); reprinted London: Professional Books, Ltd., 1972. HW Calendar of Wills Proved and Enrolled in the Court of Husting, London, A. D. 1258-A. D. 1688, Preserved among the Archives of the Corporation of the City of London, at the Guildhall. 2 volumes. Edited by Reginald R. Sharpe. London: J. C. Francis, 1889-90. Letter Book A, B, C… [etc.] Calendar of Letter-Books Preserved among the Archives of the Corporation of the City of London at the Guildhall. 11 volumes (A-K). Edited by Reginald R. Sharpe. London: J. E. Francis, 1899-1912. Pollock and Maitland Maitland, Frederic W., and Frederick Pollock. The History of English Law before the time of Edward I. 2nd edition reissued. 2 vols. London: Cambridge University Press, 1968. Originally published: London: Cambridge University Press, 1895. ix List of Appendices Notes to the Wills in Appendices 1, 2, and 3 264 Appendix 1: John Northampton, Draper 265 1a.
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