A HISTORY OF DURHAM 



should erect no new fairs, hold no courts, and 

 receive no fees." 



The decision was a triumph to the bishop, 

 and a bitter disappointment to the city. Neither 

 side was wholly in the right, but in view of the 

 unequivocal phrasing of Bishop Matthew's 

 charter granting courts and fees to the cor- 

 poration it is difficult to see how the Court of 

 Exchequer could fairly reach the conclusion at 

 which they ultimately arrived. It was not 

 disputed that the corporation had in point of 

 fact exercised many of the privileges which were 

 in question, and it could not be gainsaid that 

 the charter of 1602, confirmed by the king 

 himself, gave good title to these rights as the 

 city contended.'* It does not appear that the 

 bishops had consistently appointed bailiffs 

 since 1565 nor that the mayor's bailiff had been 

 prohibited from holding courts and taidng fees. 

 It would seem probable on a review of the 

 whole evidence that the city had gained am- 

 biguous concessions from a weak bishop, and 

 had improved upon these despite sundry ques- 

 tions and objections raised from time to time 

 in Elizabeth's reign.'* Then came the charter 

 of 1602 and the Letters Patent of 1606'* which 

 the corporation doubtless hailed as bestowing 

 upon them all that they had usurped. At last 

 Bishop James called in question the whole 

 tenure of their independent privileges, with the 

 result sketched above. But the townsmen did 

 not forget their discomfiture, and the bishop 

 probably regretted his triumph in the long 

 embitterment which followed. Next year his 

 hands were full with the case of Lady Arabella 

 Stuart, for whom he was bidden to prepare 

 rooms in Durham Castle. It is not wonderful 

 that Bishop James broke down under the strain 

 of his cares, and was obliged to seek for a change 

 at Bath," where he nursed his feelings as well 

 as he could. As we shall see, the feud with the 

 town can be traced for some time, and this is 

 seen in the next episode of Durham history to 

 which we now pass. 



In the spring of 1617 King James paid a 

 memorable visit to Scotland. His passage 

 through the bishopric was a local event of 

 considerable interest. Much preparation was 

 made for it. In the city a memorial of the 

 occasion was erected which was long a prominent 

 feature of the market place. Reference has 

 been made above to the transference of the 



'3 The P.R.O. reference is Mickleton MS. i, 368, 

 or 25-7. 



'* See Hutchinson, op. cit. ii, 34, 35, 36. 



'* This is behind the preamble of 1 602 (Hutchinson, 

 op. cit. 30). He says to Salisbury (S. P. Dom. Jas. I, 

 L. no. 72) that the citizens ' in their pride usurp 

 things never granted, and chaOenge things not 

 grantable.' '« Hutchinson, op. cit. 37 or 28. 



" Cal. S. P. Dom. 1603-11, p. 573. 



Gillygate sanctuary cross to the site of the 

 pre-Reformation lolbooth. It would seem prob- 

 able that the marble cross then set up was 

 already much weathered when it was placed 

 within the market area. Thomas Emerson, 

 a retainer of the Nevill family who now in his 

 old age lived in London, presented the city 

 with a new market cross covered with lead and 

 supported by twelve pillars of stone on which 

 he carved the arms of his ancient masters ' for 

 the ornament of the city and the commodity of 

 the people frequenting the market of Durham.' 

 This cross was ultimately removed in 1780 and 

 its place was then taken by the Piazza of nine 

 arches which stood until, within living memory, 

 the P Hs of local phrase"* was taken down. 



The king reached Auckland as the bishop's 

 guest on Maundy Thursday. Perhaps on his 

 own initiative, but more probably at the sug- 

 gestion of some one in position, James sent a 

 messenger to the mayor to announce his inten- 

 tion of visiting the city in state on Easter Eve. 

 Preparations were made for his reception, and 

 with such elaborate care that previous arrange- 

 ment is at once suggested. The mayor, George 

 Walton, on horseback, met the king's retinue 

 on Elvet Bridge, where the aldermen and council 

 stood round him as he made a speech to the 

 monarch. This speech records that the king 

 ' finds this city enabled with divers liberties 

 and privileges.' It goes on in a strain which is 

 clearly intended to reflect upon the bishop's 

 attitude : ' all sovereignty and power spiritual 

 and temporal being in yourself, your Majesty 

 was pleased to give unto us the same again 

 and also of gracious bounty to confirm them 

 under your great seal of England.' The refer- 

 ence is, of course, to the intrusive confirmation 

 of Matthew's charter in 1606. A presentation 

 of a silver bowl was next made to the king. 

 The procession was then formed, the mayor 

 riding over the bridge in front of the king; 

 another halt was made in the market place, 

 apparently where a stand had been erected 

 from which an apprentice recited certain verses 

 which," poor as they are, could scarcely, perhaps, 



"* The Tees-side endeavour to say Piazza. 



'* The verses have the value of a political ballad, 

 since they give a view of the real feelings of the 

 tradesmen of the city at that time in a way which 

 the general history can so rarely convey : 



Durham's old city thus salutes our king ! 

 Which entertainment she doth humbly bring ; 

 And can not smile upon His Majesty 

 With show of greatness, but humility 

 Makes her express herself in modern guise. 

 Dejected to this north, bare to your eyes 

 For the great prelate which of late adored 

 Her dignities, and for which we implored 

 Your highness' aid to have continuance, 

 And so confirmed by your great dread severance. 



36 



