The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
These duties are now performed by the Mayor and Corporation, but the
custom was observed in the traditional manner at least as late as 1830.
We have ascertained that not only did the Portreeve take the lead on
these occasions, but, like the Mayor and other members of the
Corporation, he was ex officio guardian of the poor of the town and
parish--a privilege which he shared with them alone. We have here,
therefore, an instance of dual authority lasting well into the
nineteenth century, or nearly six hundred years after London had purged
itself of the feudal element in its administration. To appreciate its
full significance we have to remember that there existed, side by side
with corporate towns, others which were not actually corporate, but were
known, nevertheless, as free boroughs or liberties, the reason being
that the owners of tenements in them held of the lord by burgage tenure
in the same way as the freemen of Liverpool held of the King, and that
there were manorial courts, which exempted the burgesses from the
jurisdiction of the Sheriff's Hundred Court, the Sheriff's County Court,
and even the higher courts of the Crown.
The executive officers, the Portreeve and the Bailiffs exercised
functions probably as old as the borough itself, and therefore, in
almost every instance, to be traced to the freer times preceding the
Norman Conquest. Stoford, in Somerset, a good type of such a town,
retained its constitution until the middle of the eighteenth century. In
the reign of Edward I. it included no fewer than seventy-four burgages;
and the burgesses set such store by their privileges that they would not
permit an inquisition to be taken by the jury of the county save in
conjunction with a jury of their own. The borough had a guildhall, the
"Zuldhous," for which a rent of 2_s._ was paid to the lord of the fee
by certain Representatives of the "Commonalty." Commenting on this
circumstance, the late Mr. John Batten, F.S.A., remarks: "It proves that
the burgesses had not acquired the true element of a corporation, by
which the Guildhall would have passed by law to the members for the time
being; but that it was necessary to convey it to certain persons as
feoffees or trustees." Stoford, however, had its official seal, bearing
the ungrammatical, but intelligible, legend,
"S. COMMVNE BVRGENTES STOFORD."
Public-domain text, read in full here on John Shaqi.
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