forms the theme of Madox's learned work, the Firma Burgi, -Who were the persons liable to the crown for the fee-farm rent? which question involves another preliminary to it: Who were the grantees? for these being the persons deriving the benefit of the grant, must have been the same who paid for it. 66 Madox produces countless instances to shew that the townsmen were the persons liable to the King in general. As to who were the townsmen, he says, "They were deemed "townsmen, who had a settled dwelling in the town; who "merchandised there; who were of the Hans or Gild; who "were in lot and scot with the townsmen, and who used and enjoyed the liberties and free customs of the town," and he quotes the document next following to prove this, which as there appears to be some verbal inaccuracies in it, is given in the original Latin. It is, however, to this effect, that King Henry I. issued a precept on behalf of the Canons of Huntingdon, the Sheriff, and all the King's Barons, and liege men of Huntingdonshire, commanding that the Soke of St. Mary, and the Canons of Huntingdon, and their two hydes of Norman-cross Hundred should be quit of the community and Gelds of the Borough of Huntingdon; provided, that if any man of the said Soke have stallage in the Borough, and be in the community of the Borough, then he is to be liable to pay the rightful custom, or dues, for his stallage. In other words, that the Soke and Hundred in question should not be entitled to the benefits, or subject to the taxes of the Borough of Huntingdon; but that if a man living in the former had a shop in the latter, he should be proportionably subject to the custom or tax to the Borough. From the Carte Antiquæ in the Tower, of the reign of Henry the First. CIRCA A. D. 1118. Carta Canonicorum de Hunted one H. Rex Anglie R. Episcopo Linc. et Comiti David et Vice-cosmiti et omnibus Baronibus et Fidelibus suis de Huntendonschir Salutem Volo et precipio quod Soka sancte Marie et Canonicorum de Huntendon et duæ Hydæ suæ de Normanescros hundred sint ita quiete de Communitate et Geldis Burgi Hunt. sicut Commitatus intravit inde in diratiocinamentum adversum Burgenses et in Burgensibus defecit Et si quis est Hominum de Soka sua qui habeat estallagium in Burgo et sit in communitate Burgi si non reddat ibi consuetudinem Estallagii sui quam juste reddere debuerit. Teste Episcopo Linc. et pluribus aliis. In the reign of Henry III., when the Town of Huntingdon was in the hands of the crown, the men of the town (as appears by the next document) rendered their account into the Exchequer, of the proceeds of the town. If a selected corporation of part of the men of the town existed there then, it is perfectly irreconcilable with common sense, that such a corporation should have called themselves the men of Huntingdon generally; a word of all others they themselves would have avoided, as being exclusively applicable to the whole of the inhabitants, or to those in the place who were not of the corporation. Indeed there seems no ground from which any inference could be drawn, that corporations would be liable to these charges; and, on the other hand, it is consistent with all our early history, and the course and analogy of our law, that the men of the place generally, and not any selected portion of them, should be subject to these charges. From the Great Roll in the Exchequer, 2nd Henry III. The men of Huntingdon render account, the Sheriff for them, of thirty-five pounds of the farm of their town. The same men render account, the Sheriff for them, of ten pounds of the increase of their town. Any observation on the following grant, taken abstractedly, seems unnecessary. The word Burgesses is used throughout, and might have been applied to a corporation of Burgesses in the place, or to all the Burgesses, i. e. residents of it. That it meant the latter will appear by other documents having relation to this, though the point is not explained on the face of the instrument itself. Amongst the Patent Rolls of the year of the For the Burgesses of THE King to the Archbishops, &c., Huntedon. Greeting. Know ye that for twenty pounds of new Increase, which our Burgesses of Huntindon render to us yearly at our Exchequer, with their farm, which hitherto they have paid, and still pay at the same our Exchequer, at two terms; we have granted, and by this our Charter, confirm to them, that they for ever, may freely take and have all the Toll, within the Town of St. Ives, and without in all places as well at the time of the Fairs of the same town, as at other time as the same Burgesses have better, more fully and freely received the same Toll, before we took the same into our hands. And we have granted and by this our Charter confirmed to the same Burgesses, that they for ever may have in the aforesaid Town of Huntindon, one Fair every year, &c. Given by our hand, at Dover, the 5th day of March. It was anciently the practice for the crown to issue temporary grants under the great seal, to the several cities and boroughs, of duties on goods, merchandise, &c., to enable the people dwelling therein to complete such works as were dedicated to the public use; as the paving the town, repairing the bridges therein, the public quay, or wharf, the footpaths, &c. Huntingdon will be found to have participated in the royal bounty in this particular, in common with other towns of equal antiquity and importance; and several such temporary grants, of which the document immediately following is the earliest that has been found, will show, from their language and character, that a contemporaneous select corporation in the place is most irreconcilable with their general tenor. Edward I., in the 7th year of his reign, granted to the bailiffs, and honest men" of Huntingdon, certain " C customs, for the repair of the bridge. It may be asked, first, upon these words, whether it is probable, that the "honest men" alluded to are a select body, or corporation, only of honest men, forming a part of the general population. The epithet is merely one of general courtesy, and could not be meant to distinguish a portion only of such as, at least being free in condition, were equals among themselves. It appears indeed absurd to suppose, that words so comprehensive and general could have an exclusive and particular signification. The objects of the crown's bounty certainly were the population: the trustees of that bounty would have been the select body, had there been one. But we find, that the warden, or surveyor of the bridge, the parson of All Saints, and four other individuals, are specifically, and by name, appointed trustees to receive these customs. And to whom are they to account? to the probis hominibus; either therefore these "probi homines" must have been a select corporation, which the words, with their context, seem distinctly to contradict; or the select corporation must have been strangely overlooked by this grant. From the Patent Rolls of the 7th year of the reign of King Edward I. Of Pontage for THE King to his Bailiff, and honest men Huntingdon. Sof Huntingdon, Greeting. Know ye that we have granted to you in aid of the reparation of your Bridge at Huntingdon, and the utility of the parts adjacent, a certain custom underwritten, from the Feast of St. Martin, in winter, in the seventh year of our Reign, unto the end of three years, next following, to be completed within your aforesaid town, to be taken as well within liberties whatsoever, as without, to wit, of every cart laden with wood for sale, one halfpenny, &c. Also we have granted to you in consideration aforesaid, of every Jew or Jewess on horseback passing the same Bridge, one penny, for every Jew or Jewess on foot, one halfpenny, and for every basket with dried fish, &c. one penny. And to the custom aforesaid, in form afore said, to be collected and kept, we have assigned our beloved Jourdan de Honeton, warden of the work of the Bridge aforesaid, Roger de Drayton, parson of the church of All Saints, Nicholas Caperoun, Andrew Boxton, Richard le Teinturer, and Henry Page, so that they of the receipt of the money arising from the custom aforesaid, to you, twice by the year faithfully answer, &c. But the term of the aforesaid three years being completed, the custom aforesaid shall altogether cease and be annulled. In testimony whereof, &c. by the aforesaid time to continue. Witness the King at Westminster, the 6th day of November. Edward I. must certainly have been most uncourteous to the corporation in Huntingdon, if one existed in his time, for we find, shortly after the date of the last document, viz., in the 15th year of his reign, that the town of Huntingdon and "the men of that Borough" again excite not only the commiseration, but the active care of that monarch; but not a word appears about a corporation. The watercourses between Huntingdon and St. Ives appear to have been in a bad state; the King issued a special commission to inquire into, and remedy this evil, so detrimental to the town and parts adjacent; and to whom does he direct this inquisition,—to the corporation? No, to John de Metingham, and Thomas de Belhus ; and how does he recite the facts? Does he state that, whereas it has been represented to us by the corporation on the part of themselves, and the men and inhabitants of the same Borough, that they are injured by the bad state of the watercourses? No, he says merely, that "whereas from the grievous complaint of the men of our Borough of Huntingdon, &c." In short, he omits all notice of a corporation, and appoints strangers, apparently, to act as commissioners in the stead of the corporate officers; for, if the men of the Borough be limited to a select signification only, the facts are not truly, or at least not fully, stated; the mischief recited was equally detrimental to all. |