PORTSDOWN HUNDRED 



PORTSMOUTH 



them, the corporation keeping them in repair, 199 

 while, in 1693, it was arranged that the mayor him- 

 self should pay the cost of repairs.* 00 Finally, in 

 1785, it was arranged that all the former perquisites of 

 the mayor should be added to the common fund, from 

 which the expenses of the mayoralty up to 300 

 yearly were to be paid by the chamberlain. 901 It was 

 a privilege of the mayor to elect a burgess on retiring 

 from office. 10 * At an election of aldermen in 1690 a 

 discussion arose as to whether the mayor had a 

 casting vote in the matter, and the decision was in 

 the negative,* ' but by 1835 it was customary for 

 him to have a casting vote.* 04 At that date also he 

 had the appointment of certain minor officers such 

 as the serjeants-at-mace. In 1682 it was ordained 

 that when not wearing his robe he should carry a 

 white staff 6 ft. to 7 ft. in length.* 05 



By Elizabeth's charter the powers of justices of the 

 peace were first definitely conferred on the mayor and 

 three of the senior or better burgesses of the town,* * 

 though some at least of their functions, e.g. the 

 suppression of riot and the prevention of forestalling, 

 must have been previously exercised by officials of the 

 corporation. Under the charter of 1627 the mayor, 

 ex-mayor of the previous year, the recorder, and three 

 other aldermen were justices of the peace for one year, 

 being chosen Monday week before Michaelmas by the 

 mayor, aldermen, and burgesses for the time being. 

 The three aldermen then appointed by the king had 

 all previously acted as mayor, and it evidently became 

 the custom later for the office only to be given to 

 ex-mayors, for Hugh Salisbury, an officer of the 

 dockyard who had been elected justice in 1666, 

 excused himself for taking such an office since there 

 were only three aldermen besides himself who had 

 been mayors.* 07 The charter of Charles II extended 

 the jurisdiction of the justices of Portsmouth to 

 Gosport, but otherwise no change was made, except 

 that it definitely stated that only aldermen who had 

 been mayors could become justices of the peace. 

 Owing to the party struggles of the eighteenth 

 century no new justices were sworn into office in 

 I 779-* 09 The number of magistrates has since 

 increased. 



The recorder, or presiding officer in the court of 

 record, and more recently the quarter sessions of the 

 borough, is definitely mentioned in the charter of 

 Charles I. It is evident, however, that the office was 

 in existence previous to that time, for in 1 60 1 John 

 Moore, 'recorder of Portsmouth,' was returned as 

 member of Parliament for the town.* 09 He had been 

 under-steward of Portsmouth during the high- 

 stewardship of Henry, earl of Sussex, who was 

 appointed in 1590." Again, in 1615, Moore was 



entered in the list of officers as serjeant-at-law and 

 recorder.'" According to the charter of 1627 the 

 recorder was to be a man learned in the laws of 

 England, to be elected by the mayor and aldermen 

 and to continue in office during good behaviour, but 

 before 1833 his term of office had been changed to 

 one for life."* The charter of Charles II included 

 the recorder among those who had power to make 

 by-laws for the government of the town. His fee, 

 which was paid from the rent-roll by the mayor, 

 amounted to 10 in l682." 3 By the Municipal 

 Reform Act of 1835 the choice of a recorder was 

 vested in the crown. Among those who have held 

 this office was Judge Jeffreys, appointed in 1685, 

 presumably on the nomination of the earl of Dart- 

 mouth.* 14 His duties were fulfilled by a deputy. 



The stewards have been said to be predecessors of 

 the recorders, but little is known of their office. In the 

 ancient usages and customs of the town, the steward 

 is named among the officers to be elected with the 

 mayor,* 15 and record is kept of the appointment of 

 seneschals or stewards in the sixteenth century, John 

 Moore, the recorder of 1600, being deputy-steward 

 under the earl of Sussex, as stated above. 



The chamberlain or treasurer of the corporation 

 was of considerable importance in the sixteenth and 

 following centuries. In 1531 there were two 

 chamberlains,' 1 ' and again in 1561 the 'chamberlains' 

 had charge of the town muniments," 7 but in 1620 

 there was only one.' 18 In addition to his ordinary 

 duties as treasurer he was responsible for the repair of 

 the town property, e.g. the pound. He was elected 

 annually by the mayor and a majority of the aldermen, 

 but as a rule the chamberlain of the previous year 

 was re-elected.* 19 His place is now taken by a 

 treasurer and accountant. 



The coroner's office is prescriptive. The ' Customs ' 

 of the fifteenth century state that he was elected 

 yearly with the mayor.** During the eighteenth 

 century it was customary for the town clerk to be 

 chosen as coroner each year.** 1 Controversies arose 

 in the eighteenth century between the admiralty 

 coroner and the coroner of Portsmouth as to the 

 extent of their jurisdictions, and in 1738, the matter 

 having been laid before the King's Bench, it was 

 decided that they held concurrent jurisdiction on 

 board the men-of-war in the harbour.*** 



The charter of 1627 provided that there should 

 be a town clerk of the borough who should also be a 

 clerk of the peace, but the two offices are now held 

 separately and the town clerk himself is assisted by a 

 deputy. 



In attendance on the mayor were the serjeants-at- 

 mace, their duties including the care of the town- 



l " Extrtca from the Portsmouth Rtc. 6. 



o Ibid. 16. 



801 Ibid. zo. The common fund in- 

 cluded the seal money, clerk of the market's 

 dues, reliefs, fines for opening of shop win- 

 dows, groundage and anchorage, capon 

 rents, court fees and fines at sessions (ibid. 

 II). 



Ibid. 19. * Ibid. 14. 



804 Part. Accti. and Papers, 1835, xxiv, 



799- 



205 Extracts from the Portsmouth Rec. 1 1 . 



306 The charter is somewhat ambiguous 

 is to whether the three justices included 

 the mayor or not. It states that three 

 burgesses should be elected at Michaelmas ; 



then that the laid mayor and three 

 burgesses should exercise the jurisdiction 

 pertaining to justices of the peace, and 

 finally appoints three justices for the 

 ensuing year, one of them being Owen 

 Tottie, who was also appointed mayor by 

 the same charter; cf. Orig. R. 42 Eliz. v, 43. 



*>? Cal. S.P. Dom. 1666-7, P- '3 6 - 



808 Extracts from the Portsmouth Rec. 250. 



m Ret. of Mem. P. 1,439. 



810 Extracts from the Portsmouth Rec. 137. 



* Ibid. 420. 



818 Parl. Accts. and Papers, 1833, xiii, 

 no. 



218 Extracts from the Portsmouth Rec. 1 Z, 

 19. 



181 



"/firf. AfSS. Com. Rep. xi, App. pt. v, 

 123. The mayor and aldermen requested 

 Lord Dartmouth to accept the office him- 

 self or to appoint whom he thought 

 fit 



05 Extracts from the Portsmouth Rec. I. 



""Ibid. 1 1 6. 



W Ibid. 129. 



818 Ibid. 36. 



818 Parl. Accts. and Papers, 1835, juuv, 



799- 



M0 Extracts from the Portsmouth Rec. I. 



881 Part. Accts. and Papers, 1833, xiii, 

 no. 



888 Extracts from the Portsmouth Rec. 

 206. 



