A HISTORY OF HAMPSHIRE 



and the House decided 3 1 December that the right of 

 election was vested in the burgesses and inhabitants 

 paying scot and lot.*** Hitherto practically, there 

 can be little doubt, the elections were very much 

 managed by the corporation ; but the right of all was 

 re-affirmed by the House of Commons, 17 March, 

 1695-6,"" and finally the Act of 1835 secured uni- 

 formity of election in all constituencies." 1 



Of the borough courts, the court leet or law day, 

 the most ancient local criminal court here as every- 

 where else, was opened with considerable ceremony. 

 It was held before the mayor, aldermen and discreets 

 on Hock Tuesday, i.e., the third Tuesday after Easter 

 Sunday, most anciently at Cut-thorn (mentioned 

 before), but afterwards frequently in the Gildhall, 

 the town clerk being steward and judge of the court, 

 the sheriff foreman of the jury, the latter being sum- 

 moned anciently from the burgesses alone, but subse- 

 quently with greater latitude. 



The duties of the court were to take the pledges 

 of freemen, who all with certain exceptions, above the 

 age of twelve years, were bound to be sworn and en- 

 rolled, to inquire periodically into the condition of 

 roads, watercourses, boundaries, to be vigilant against 

 encroachment, keep watch and ward in the town, to 

 overlook the common lands and adjust all rights, to 

 guard against adulteration of food, inspect weights and 

 measures, to look generally to the morals of the 

 people and their attendance at divine worship, to 

 have a remedy for every inconvenience. Beyond this 

 the court leet took cognizance of every felony at 

 common law, larceny, murder, treason, &c., the jury 

 acting in these cases as indictors, when action was 

 taken accordingly. But for the greater number of 

 cases brought before the leet the remedy was summary 

 by amercement or fine. 



The Court Leet Book of 1550, the earliest extant, 

 shows that the court had no respect of persons. 

 ' Mr. Maire kepith a sowe in his Backsyde whiche is 

 brought in and oute contrary to the ordenaunce *" of 

 the Towne, wherfore be yt comanded to hym and all 

 other that they kepe no hoges within the Towne to 

 the annoyaunce of theire neighbours, upon payne ' 

 &c. Under 1576 minute regulations occur as to the 

 apparel not only of the ladies, but of the mayor him- 

 self and the grave town officials."* In the next year 

 many presentments were made as to the particulars of 

 each offence, e.g. Walter Earl wean guards of velvet 

 on his hose ; John Delisle's wife has a petticoat 

 guarded with velvet. In 1579 a complaint of witch- 

 craft having been made against Widow Walker, the 

 jury prescribed the following test: 'We desire yr 

 worships to examine hir before you, and to permyt 

 five or six honest matrons to se hir strippidd to thend 

 to se wheather she have eny bludie marks on hir bodie 

 wch is a comon token to know all witches by and so 

 either to stop the mouthes of the people or els to 

 proceade farder at yr worships pleasure.' In the 

 same year the great need of a ' cucking stoole ' upon 

 the ditches, as had been accustomed, was presented ; 



and in 1587 the pillory, the stocks above Bar, and 

 those in East Street were found out of repair contrary 

 to the statute ; about this period every householder was 

 to have his club ready in his house against a fray. In 

 1594. the town was suffering from overcrowding, and 

 in 1603 greedy landlords were taken to account who, 

 to the great destruction of the town, were admitting 

 too many under-tenants. 



The law of fencing between properties we find 

 perpetually laid down in the books. The local custom 

 was for the south to fence the north, and the east the 

 west, and towards the highway everyone was required 

 to make his fence. 



The court leet has been practically obsolete at 

 least since 1819, but it meets annually, when 'pre- 

 sentments ' are made, and its old festive accompani- 

 ments are not forgotten."' 



The town court or common court of the town, a 

 civil court of pleas of ancient date, is first mentioned 

 in charter of 1256. It was ordered by charter of 

 1461 to be held in the gildhall before the mayor 

 and bailiffs every Tuesday on personal pleas, and on 

 pleas of lands and tenements on Tuesday once a 

 fortnight. Town court books are extant from 1482, 

 but Liber Niger contains a more ancient note of the 

 court in ordinances by the mayor, aldermen, and com- 

 munity for the amendment of its procedure, dated 

 17 October, 22 Edward III (1348).'" 



Before the Act of 1835 the common court was held 

 on every Tuesday for the first three weeks after the 

 election of each new mayor, and on alternate Tuesdays 

 afterwards. 



The county or sheriff's court followed upon the 

 erection of the town and its liberties into a county in 

 1 447, when it was ordered that the county court be 

 held every month on a Monday, and all business 

 which might lawfully be brought before county courts 

 was to be transacted in it. This court had no relation 

 with the modern county court. 



The court of quarter sessions, the justiciary court of 

 the town, has varied in form at different times. Under 

 the ordinances of the gild-merchant," 6 the whole 

 community elected twelve discreets, who with the two 

 bailiffs executed the king's commands, kept the peace, 

 protected the franchise, maintained the right between 

 man and man. The charter of 1401 empowered the 

 election of four aldermen, three or two of whom, 

 together with the mayor and with four, three, or two 

 of the more honest and discreet persons of the com- 

 munity, to be chosen yearly by the mayor and com- 

 munity, were to hold the office of justices of the 

 peace in full and ample manner, but were not to pro- 

 ceed in felonies without special commission. The 

 charter given by Edward IV in 1461 added a person 

 ' skilled in the law ' to the court of justices, which was 

 otherwise composed of the mayor, four aldermen, and 

 four other burgesses. The charter of 1 640 made the 

 mayor, the bishop of Winchester, the recorder, and 

 ex-mayor, together with five aldermen and two of the 

 more discreet burgesses, to be the court, the mayor 



869 Beatson, Chron. Reg. of both Houses 

 of Part, iii, 307. 



*i Resolved that out-living burgesses 

 at well as the burgesses (inhabitants) 

 paying scot and lot had a right to vote. 

 (Ibid.) 



** A list of the Parliaments to which 

 Southampton tent representatives, to- 



gether with their names, will be found in 

 The Return of Members of Parliament. 



274 See Gild Ord. No. 43, a provision 

 continued through the latest versions. 



278 Davies, op. cit. 234-6. 



** In ancient times a perambulation of 

 the liberties formed part of the ceremony 

 of the law day, when the mayor and his 

 brethren rode to Cut-thorn in their 



5 l8 



' formalities ' 5 and it was considered a 

 discredit to the town and a mark of decay- 

 ing times when the procession fell off, or 

 the proper gowns were not worn. The 

 stewards' books also bear ample evidence 

 that considerable feasting attended these 

 occasions. 



"7 s Hist. MSS. Com. Ref. xi, App. iii, 9. 



No. 32. 



