hundred and twenty; which deducted from nine hundred and forty-four, leave two hundred and twenty-four. The record then states, that there are two hundred and twentyfour houses vacant. Hence the vacant houses, and the number of Burgesses at the time of the survey, make up the number of Burgesses in the time of the Confessor.

In Ipswich there were four hundred and thirty-eight Burgesses in the time of Edward; at the time of the survey, there were only one hundred and ten, which deducted from four hundred and thirty-eight, leave three hundred and twenty-eight, and there are said to be three hundred and twenty-eight houses waste.

In Northampton, there are stated to have been, in the time of Edward, sixty Burgesses, and at the period of the survey only forty-six, and there are fourteen houses waste, making up the sixty.

In Dover, which is stated by the record to have been burnt at the time of the Norman invasion; when the survey was made there, twenty-nine mansuræ, or houses, are spoken of, without any mention of Burgesses.

And in the ancient City of Hereford, it is said that, at the time of Edward the Confessor, there were one hundred and three men dwelling (commorantes) within and without the walls, and "habebunt has subscriptas consuetudines;” and then follows a particular of various customs and privileges, which the present Burgesses, no doubt, now enjoy.

Amongst the Records of the Court of Exchequer called Domesday, is contained as follows.

IN the Borough of Huntedone there are four Ferlinges [Ferlingis]. In two Ferlings, in the time of King Edward, there were, and are now, one hundred and sixteen Burgesses [Burgenses], rendering all customs and the King's Geld, and under them are one hundred Bordars [Bordarii], who aid them to the payment of the Geld. Of these Burgesses, Saint Benedict of Ramsey had ten with sac and soc, and all custom, only they rendered Geld in the time of King Edward.

Eustaceus took these by force from the Abbott, and they are now, with the others, in the King's hand.

Ulf Fenisc had eighteen Burgesses, now Gislebert de Gand hath them with sac and soc, except the Geld of the King. The Abbot of Ely hath one Toft [Toftam], with sac and soc, except the Geld of the King.

The Bishop of Lincoln had, in the place of the Castle, one Mansion [Mansionem], with sac and soc, which is now wanting.

Earl Seward had one Mansion, with a house [cum Domo], with sac and soc, quit from all custom, which now the Countess Judith hath.

In the place of the Castle there were twenty Mansions, rendering to all customs by the year, sixteen shillings and eightpence to the King's firme, which are now wanting.

Besides these, there were, and are, sixty Mansions waste within these Ferlings, which did and do give their custom.

And besides these, there are eight Mansions waste, which, in the time of King Edward, were occupied, and gave all

customs.

In the other two Ferlings there were, and are, one hundred and forty Burgesses, half a house less [dim. dom. min.] to all customs, and to the Geld of the King; and these had eighty inclosures [Hagas], for which they did and do give all custom. Of these Saint Benedict of Ramsey had twentytwo Burgesses, in the time of King Edward.

Two of these were quit from all customs, and thirty rendered each tenpence by the year. All the other customs were the Abbot's, except the Geld of the King.

In these Ferlings, Alaric, the sheriff, in the time of King Edward, had one Mansion, which William the King afterwards granted to his wife and children. Eustace now hath it, which a poor man, with his mother, reclaims.

In these two Ferlings were, and are, forty-four waste. Mansions, which did and do give their custom, and,

Except these in these two Ferlings, Borred and Turchill had, in the time of King Edward, one church with two hides of land, and twenty-two Burgesses, with the Mansions appertaining to the same church with sac and soc, all which Eustace now hath, wherefore they claim mercy of the King; nevertheless, the same twenty-two Burgesses give to the King all custom.

Goisfrid the bishop had one church and one Mansion of the abovesaid, which Eustacius took from Saint Benedict, and yet the saint reclaims the same.

In the same Borough, Gos and Henref had sixteen Man

sions, in the time of King Edward, with sac and soc, and thol and them; the Countess Judith now hath them.

The Borough of Huntingdon paid to the King's Geld for the fourth part of Hyrstingeston Hundred, for fifty hides, but now it is not so taxed in that Hundred; afterwards King William inposed the geld money on the Borough. From the whole of this Borough, there issued, in the time of King Edward from Langable, ten pounds, whereof the Earl had a third part, the King two. Of this tax there now remains upon twenty mansions where the castle is, sixteen shillings and eight pence between the Earl and the King; besides this, the King had twenty pounds, and the Earl ten pounds, of the farm of the Borough, more or less as he was able to collect on his own behalf. One mill rendered to the King forty shillings, to the Earl twenty shillings. To this Borough adjoin two carucates, hides, and forty acres of land, and ten acres of meadow, whereof the King receives two parts, the Earl a third. The Burgesses cultivate this land, and are hired by the ministers of the King and Earl. Within the aforesaid tax are three fishermen, rendering three shillings. In this Borough there were three moniers rendering forty shillings between the King and the Earl, but now they are not. In the time of King Edward they rendered thirty pounds now likewise.

Charter 7th of King THE next document is a charter granted John, A. D. 1206. by King John, to the Burgesses of Huntingdon, upon which we shall merely observe, that the grant is made to the Burgesses and their heirs, which can by no construction or inference be treated as importing a corporation; the essential characteristic of which is, to take by succession as contradistinguished from inheritance; and whatever loose notions may have been entertained to the contrary, it is incompatible as well with the earliest as the latest principles of our law, to infer any creation of a corporation from a grant of this description. Most charters of incorporation have reference to the rule and government, the civil regulations, the police of the place, and the public weal generally, rather than to the personal liberties and immunities of the Burgesses, to which alone the present grant is confined.

If it be urged that a grant to an aggregate body pre

supposes a corporation, even in the legal sense of the word, we would merely refer to two or three other grants of King John, to shew that this assertion, however correct when applied to our present system of law, was not so in the early periods of our history.

Charter rolls," Carta Judeorum pro libertatibus inter se." In the 5th of John, "Hoiland Botulphi, homines-quod facient ballivum et quod nullus vicecomes intromit." In the same year, "Homines de Oberina liberi de theolonio per terram regis." In the 7th of John, "Dignoveton hominesDignoveton parcus 163 acri et 40 acri-Suffolk." In the same year," Anesty homines quieti de forestagio Ebor." And not to multiply instances of grants of King John to Boroughs and bodies confessedly not incorporated till long after his time, we shall merely refer to the charter rolls of the 14th John, "Gumecestriæ homines, Gumecestriæ Maneria Huntingdon." Godmanchester, immediately adjoining Huntingdon, was notoriously not incorporated till the reign of James I., and yet the manor of Godmanchester was granted to the men of the place by King John, in perpetuity, upon payment of a fee-farm rent.

Amongst the Charter Rolls of the seventh year of the Reign of King John, it is thus contained.

CHARTER of the Burgesses of JOHN, by the Grace of Huntingdon. God King of England, &c. KNOW ye that we have granted, and by this our charter confirmed, to our Burgesses of Huntingdon, our Borough of Huntington with all its appurtenances. To have and to hold to them, and their heirs of us, and our heirs at Fee Farm. Rendering to us and our heirs by the year, the due and ancient farm, and ten pounds of increase by their hands, at the two exchequers, to wit, &c. Also we have granted and confirmed to them, that the aforesaid Borough of Huntingdon, and the Burgesses dwelling therein, may have and hold the same liberties and free customs which other, our free Boroughs and free Burgesses of England have, and we prohibit upon forfeiture to us, that any sheriff or any other person hereafter intromit himself contrary to the tenor of this our charter of farm aforesaid. Given by the hand of H.

de Wells, Archdeacon of Wells, at Havering, the 7th day of August, in the seventh year of our reign.

When grants were made to municipal bodies, we find generally, that a pecuniary annual payment was reserved to the crown, under the name of fee-farm rent, nor did the grantees pay for an empty honor alone; the means of realizing a more substantial and positive benefit were always bestowed, as tolls, profits of fairs, perquisites of courts, as well as the negative advantages of personal immunity from burthens to which others were liable. In short, whenever a grant was made to the Burgesses, or to the men of a town, reserving a fee-farm rent, such grant always conveyed the means of realizing an income, out of which the rent might be paid.

We may observe by the way, that this mode of supplying the exigencies of the state was by no means confined to municipal grants. The fee-farm rents reserved of individuals, to whom grants of property were made, particularly after the spoliation of the church at the Reformation, approached very closely to the true yearly value, as the particulars taken by the crown's surveyors, prior to these grants, generally evince, unless a sufficient sum for the fee-simple were paid in the first instance.

This mode with respect to municipal grants, with which alone we are at present concerned, was not without considerable conveniences, among which was the certainty of the sum to be received. When the town accepted the grant, which of course would not be done unless the inhabitants felt they received a quid pro quo, they became immediately liable for the rent; and though the produce of the things granted should by time or accident become inadequate to the rent reserved, the town, having accepted the privileges, was bound to pay the rent. The rent was not payable in specie out of the profits of the grant, but was a personal charge on the inhabitants.

Hence arises a very important question, which, indeed,