A HISTORY OF HAMPSHIRE 



sides of the sea. This is confirmed in the oldest 

 extant charter given by King John in June, I igg. 195 

 Three days later came the grant of the fee-farm (see 

 above). 



Henry III confirmed all the above grants in I2Z7, 1M 

 and in 1252 forbade the barons of the Cinque Ports to 

 take ' Karke ' "" within the port of Portsmouth, which 

 was held at farm from the king (as above), to execute 

 attachments, or do any injury to the men aforesaid 

 contrary to their liberties and customs as granted by 

 the king ; but ordered them to permit the purchase of 

 the king's wines from the barons' ships within the 

 port of Portsmouth. In 1256 Henry granted the 

 burgesses freedom from arrest in their persons or 

 goods for debts of which they were not themselves 

 the sureties or principal debtors ; unless the debtors 

 were of their community and capable of satisfying 

 their debts in whole or in part, and the burgesses had 

 failed in doing justice to the creditors. 198 



From the reign of Henry III to Henry VI various 

 charters of inspection and confirmation "* were given, 

 that of 1401 (2 Henry IV) granting further to the 

 mayor* 00 and bailiffs cognizance of all pleas of what- 

 ever kind to be held in the gildhall (' guyhalda') and 

 there finally determined, the right of holding court 

 leet wl and practically self-government. 



In 1445 (23 Henry VI) came the incorporation 

 charter setting forth as usual the heavy charges of the 

 town and its great impoverishment, and incorporating 

 it under the title of a mayor, two bailiffs, and bur- 

 gesses. Provision was made for the election of mayor 

 and bailiffs, who were also made controllers of the 

 staple granted by this Act, on the Friday before St. 

 Matthew's day each year, and in case of death or de- 

 position, &c., within fifteen days of such vacancy. 

 The mayor was to be the sole escheator with right of 

 attachment like the sheriff of London. Further, the 

 town and the port of Portsmouth, ' which port is 

 within the liberty of the said town of Southampton,' 

 were exempted for ever from obedience to the con- 

 stable marshal or admiral of England, or the steward, 

 and marshal or clerk of the market, who should not 

 enter the town to hold pleas, or hold pleas out of the 

 town concerning matters within the same. The 

 mayor was to be clerk of the market, and strangers 

 were prohibited from buying of, or selling to, 

 strangers. 



Two years later came the charter of Henry VI 

 creating the county, granting that since the merchants 

 and mariners of the town were incommoded by the 



sheriff of the county serving writs on them, and in 

 consideration of the heavy fee-farm of 340 marks 

 (226 13^. 4^.) 'our said town, with the port and 

 precinct thereof, and the port of Portsmouth, which 

 is now called "the town of Suthampton and its 

 precincts," shall be one entire county, incorporated 

 in word and deed, separate and distinct from the 

 county of Southampton for ever, and shall be called 

 " our county of the town of Suthampton." ' *" 



The sheriff, who was to hold a county court, was 

 to be chosen from among the burgesses each year on 

 the Friday before St. Matthew's Day and certified by 

 the mayor to the barons of the Exchequer ; in case of 

 death, &c., a new one was to be chosen within ten 

 days and certified as above. In 1451 a further con- 

 firmation charter gave an additional right to the 

 mayor to perform all acts belonging to the office of 

 steward and marshal of the household, and admiral 

 of England, within liberties of the town and county. 



In spite of the foregoing charters, in the following 

 year notice occurs of a dispute with the justices of the 

 county concerning mulcts (' emendas ') from the assize 

 of bread and ale and fines from various tradespeople 

 and artisans, which belonged by right to the towns- 

 men of Southampton, but which the justices were 

 about to appropriate. The right of the townsmen 

 was maintained by royal writ except that any fines or 

 amercements of artisans or dyers arising within the 

 aforesaid town were to be levied to the king's use 

 under the present commission. 103 In 1461 further 

 privileges, including court of pie powder and author- 

 ized resistance to the king's officers, were given by 

 Edward III. In 1468, 1480, 1484, 1510, and 1515 

 further confirmation charters were given, to which in 

 1553 was added that of Edward VI, regulating and 

 limiting the payment of the fee-farm (see above). 



Various confirmations were given by Philip and 

 Mary (1557-8), by Elizabeth (1564), and by 

 James I (1616). The last governing charter was given 

 by Charles I in l64O. m It rehearsed and confirmed 

 former charters with certain variations, ordered 

 the appointment of a common council to consist 

 of mayor, recorder, aldermen, bailiffs, and sheriff, and 

 all who have held these offices, to assist the mayors, 

 with power to make statutes, by-laws, &c. ; also 

 the appointment of a court of orphans and of a town 

 clerk or common clerk of the town, to be clerk of 

 the peace and sessions and have fees. Four serjeants- 

 at-mace were also to be appointed and fines were to 

 be levied for refusal to take office. Power to tax 



195 Penet Corp. Southt. 



196 Cal. Chart R. 1226-57, p. 35. 



19 7 ' Karke,' on this word see Gloss, to 

 Liber Albus Lond. 331. The charge was 

 that the barons had been ' molesti vi 

 capiendo karkas in navibus vestris de 

 hominibus volentibus transfretare in 

 porto suo de Portesmuth quern de nobis 

 tenent ad firmam, et faciendo atachia- 

 menta," &c. 



198 By gild ord. 27 securities for debts 

 were to be investigated and ratified, and 

 this ratification may have been thought 

 to make the members of the gild re- 

 sponsible for the debts, a responsibility 

 here limited ; or the charter may refer to 

 a custom which seems to have prevailed 

 according to which a corporation, a 

 member of which had a claim upon a 

 member of another corporation, seized 

 the goods of every freeman of the latter 



found within the jurisdiction of the 

 former * in Withernam' until the cor- 

 poration to which the debtor belonged, or 

 the debtor himself, made satisfaction. 

 Ref. on Munic. Corf. (1835). 



199 All these charters, some original, 

 some known only by inspeximus, with all 

 those that follow, are in the possession of 

 the corporation. 



800 The first notice of a mayor in the 

 charters ; but for the early use of title see 

 below. 



801 Clearly only a confirmation, but the 

 first mention of such. 



302 This on the surface would seem to 

 include Portsmouth within the county of 

 the town. Evidently it was locally 

 thought so. On the margin of this 

 charter is written in a later hand, 'Note 

 how farre the countie of the Town doth 

 strech,' and just below, 'The porte of 



510 



Portismouthe is parte of the countye and 

 of the town of Suthampton.* But the 

 charter in its last clause has a word for 

 Portsmouth, and provides that 'no preju- 

 dice, under pretence of this our grant, 

 shall accrue to the bailiffs etc. of Ports- 

 mouth with regard to any privileges 

 granted to or used by them in time 

 past.' 



208 No king's name is specified, only the 

 regnal year is given. (From transcript 

 by Dr. Speed in his MS. penes Corp. 

 Southt.) 



204 The cost of this charter was 

 219 171. Town Journ. 1641, fol. 

 308. It appears to have been read in the 

 House in English for the first time on 

 2 Sept. 1640. After reading it was put 

 into the great chest with the English 

 paper copy. This last seems to have long 

 disappeared. 



