If fire burned the city, he from whose house it started compounded for it with three oras1 of pennies, and gave to his next neighbor two shillings. Of all these forfeitures two parts belonged to the king and the third to the earl. If without the license of the king ships came to the port of the city or departed from the port, from each man who was on the ships the king and the earl had forty shillings. If against the peace of the king and after his prohibition the ship approached, as well it as the men, with all things which were upon it, did the king and the earl have. If, however, with the peace and license of the king it had come, those who were in it sold what they had in peace; but when it went away, four pence from each lading did the king and the earl have. If to those having martens' skins the reeve of the king gave orders that to no one should they sell until they had first brought them and shown them to him, he who did not observe this compounded for it by paying forty shillings. A man or a woman making false measure in the city, and being arrested, compounded for it with four shillings. Similarly a person making bad ale, was either placed in the ducking stool or gave four shillings to the reeve. This forfeiture the officer of the king and of the earl received in the city, in whosesoever land it had been, either of the bishop or of another man. Similarly also, if any one held the toll back beyond three nights, he compounded for it with forty shillings. 2 In the time of King Edward there were in this city seven moneyers, who gave seven pounds to the king and the earl, besides the ferm, when the money was turned over. 3 There were at that time twelve judges of the city, and these were from the men of the king, and of the bishop, and of the earl; if any one of these remained away from the hundred court on the day in which it sat, without a clear excuse, he compounded for it with ten shillings, between the king and the earl. For repairing the city wall and the bridge the reeve summoned one man to come from each hide of the county. If the man of any one did not come his lord compounded for it to the king and the earl with forty shillings. This forfeiture was in addition to the ferm. 1 An ora is a number of pennies, varying in different times and places, here possibly sixteen or twenty. 2 The moneyers were men who had the contract for coining money, paying a fee for the privilege of reserving to themselves the seigniorage. 3 A ferm was a fixed amount paid as a lump sum in place of a number of smaller or more irregular payments. This city paid at that time of ferm £45 and three bundles of marten's skins. The third part belonged to the earl, and two to the king. When Earl Hugh received it, it was worth only £30, for it was much wasted. There were 205 fewer houses than there had been in the time of King Edward. Now there are just as many there as he found. Murdret held this city from the earl for £70 and one mark of gold. He had at ferm for £50 and one mark of gold all the pleas of the earl in the county and in the hundreds, with the exception of Inglefeld. The land on which the temple of St. Peter stands, which Robert of Rodelend claimed for demesne land, as the county has proved, never pertained to the manor, outside the city, but pertains to the borough ; and it has always been in the custom of the king and the earl, like that of other burgesses. THE CUSTOMS OF NEWCASTLE-UPON-TYNE. Latin: Acts of Parliament of Scotland, I, 33-34; and Stubbs' Select These are the laws and customs which the burgesses of Newcastleupon-Tyne had in the time of Henry, king of England, and ought to have: Burgesses may make seizure for debt from those dwelling outside, within their market place and without, and within their house and without, and within their borough and without, without the license of the reeve, unless courts are held in the borough, and unless they are in the army or on guard at a castle. From a burgess a burgess is not allowed to make seizure for debt without the license of the reeve. If a burgess has agreed upon anything in the borough with those dwelling outside, the debtor, if he acknowledges it, must pay the debt himself, or he must grant right in the borough. Suits which arise in the borough are to be held and finished there, except those which belong to the king's crown. If any burgess is summoned on any prosecution, he shall not plead outside of the borough except for want of a court. Nor must he respond without day and term, unless he shall have first fallen into an absurd defense; except with regard to things which pertain to the crown. If a ship has put in at Tynemouth and wishes to depart, it is allowed to the burgesses to buy whatever they wish. If a suit arises between a burgess and a merchant, it shall be settled before the third tide. Whatever merchandise a vessel has brought by sea ought to be carried to land, except salt and brine, which ought to be sold on the ship. If anyone has held land in burgage for a year and a day justly and without prosecution, he need not make defense against a claimant, unless the claimant has been outside the realm of England, or in the case where he is a boy having no power to speak. If a burgess has a son in his house, at his table, the son shall have the same liberty as his father. If a villain comes to stay in a borough, and there for a year and a day stays as a burgess in the borough, let him remain altogether, unless it has been said beforehand by himself or by his lord that he is to remain for a certain time. If any burgess makes an accusation concerning any matter, he cannot wage battle against a burgess, but let the burgess defend himself by law, unless it is concerning treason, when he ought to defend himself by battle. Nor can a burgess wage battle against a villain, unless he has first departed from his burgage. No merchant, unless he is a burgess, may buy any wool, hides, or other merchandise, outside of the town, nor inside of the borough except from burgesses. reeve. If forfeiture happens to a burgess, he shall give six oras to the In the borough there is no merchet, nor heriot, nor blood fine, nor stengesdint. Each burgess may have his oven and hand-mill if he wishes, saving the king's right to the oven. If a woman is in transgression concerning bread or concerning ale, no one ought to intermeddle except the reeve. If she shall have transgressed a second time, let her be whipped for her transgression. If for a third time she shall have transgressed, let justice be done upon her. No one except a burgess may buy clothes for dyeing, nor make, nor shear them. A burgess may give his land, or sell it, and go whither he wishes, freely and quietly, unless he is engaged in a suit. II. TOWN CHARTERS. During the twelfth and thirteenth centuries many of the cities and boroughs obtained their first charters. These were documents issued and sealed by the king, or by the lord on whose demesne the town had grown up, giving legal recognition to a part or the whole of the body of local customs. In no case was the whole body of customs recited in the charter; and in most cases probably no new rights were granted to the towns by the charters; but it was of the greatest value to them to have their more important customary rights defined, legalized and put in a form which could be appealed to in case of subsequent dispute. Moreover, the first grant obtained by any town served as a precedent in obtaining, at favorable opportunities thereafter, new charters extending its powers and privileges. The charter of Southampton, printed below, for instance, was the first of thirty-one such grants to that town between the twelfth century and the seventeenth; varying in character from mere renewals to considerable additions to the city immunities. Types of three classes of municipal charters are given below; those granted by the king, those granted by a secular lord to a town on his demesne, and those granted by a prelate. A vast number of charters granted to towns are printed in Rymer's Fœdera; Madox' Firma Burgi, Gross' Gild Merchant, and in local histories. CHARTER OF HENRY II. TO THE CITY OF LINCOLN. Latin Rymer's Fœdera, i. 40; and Stubbs' Select Charters, 158-9. Henry, by the grace of God, king of England, duke of Normandy and Aquitaine, count of Anjou, to the bishop of Lincoln, justiciars, sheriffs, barons, officers and all his faithful, French and English, of Lincoln, greeting. Know that I have conceded to my citizens of Lincoln all their liberties and customs and laws, which they had in the time of Edward and William and Henry, kings of England; and their gild merchant of the men of the city and of other merchants of the county, just as they had it in the time of our aforesaid predecessors, kings of England, best and most freely. And all men who dwell within the four divisions of the city and attend the market are to be at the gilds and customs and assizes of the city as they have been best in the time of Edward, William and Henry, kings of England. I grant to them moreover, that if anyone shall buy any land within the city, of the burgage of Lincoln, and shall have held it for a year and a day without any claim, and he who has bought it is able to show that the claimant has been in the land of England within the year and has not claimed it, for the future as before he shall hold it well and in peace, and without any prosecution. I confirm also to them, that if anyone shall have remained in the city of Lincoln for a year and a day without claim on the part of any claimant, and has given the customs, and is able to show by the laws and customs of the city that the claimant has been in existence in the land of England and has not made a claim against him, for the future as in the past he shall remain in peace, in my city of Lincoln, as my citizen. Witnesses, E., bishop of Lisieux; Thomas, chancellor; H., constable; Henry of Essex, constable. At Nottingham. CHARTER OF HENRY II. TO WALLINGFORD. Latin: Rymer's Foedera, i, 471: and Gross' Gild Merchant, II, 244-5. I Henry, by the grace of God, King of England, Duke of Normandy and Aquitaine, and Count of Anjou, command you that my burgesses of Wallingford shall have my secure peace through my whole land of England and Normandy, wherever they may be. And know that I have given and conceded to them forever all their liberties and laws and customs well and honorably, just as they had them best and most honorably in the time of King Edward, and in the time of my great grandfather King William, and of his son, the second King William, and in the time of King Henry, my grandfather; that is to say, that they should have freely the gild merchant with all its customs and laws, so that neither my bailiff nor any justice of mine should meddle with their gild; but only their own alderman and officer. And if my officers or any justice shall have brought suit against them in any plea or for any occasion or shall have wished to lead them into a suit, I forbid it, and require that they should not make defense in any manner, except in their own proper portmote. himself shall implead them on any occasion without an accuser, they |