A HISTORY OF DURHAM 



Prior Bertram's charter** does not expressly 

 create the borough, but the phrase ' novo burgo 

 nostro ' implies that it had been recently created. 

 After defining the area of the borough the charter 

 gave the burgesses exemption from customs, 

 exactions and aids (courts and pleas excepted) 

 and the right of devising their lands. In return 

 a yearly rent of an amount not then fixed was 

 to be paid, and the burgesses were to grind their 

 corn at the convent mill — the multure being 

 fixed at I'sth. In addition the burgesses were 

 to have a market and a fair if the bishop granted 

 the necessary licence. At a somewhat later 

 period a further grant ^ was made, whereby the 

 burgesses had not to plead outside the borough 

 and were to have pasture for their beasts with 

 the men of Elvet (j.^., the barony) outside the 

 enclosed land of the hostellar of the convent. 



The qualification of a burgess appears to have 

 been the ownership of a burgage in respect of 

 which a rent called landmale was payable to the 

 hostellar of the convent,*' in whom the lordship 



the borough. Durham Account Rolls (Surtees See), 

 ii, pp. 346, 350. Again in the Convenit and the 

 Attestationes relating to the dispute between the 

 bishop and the prior at the beginning of the 13th 

 century all the references are to Elvet except one in 

 the Convenit. The greater importance of the 

 Scaltok (Elvet) mill as compared with the Clock 

 (Crossgate) mill may also be cited. 



** This charter is printed in the Feod. Prior. 

 Dunelm. (Surtees Soc), p. 199. Bertram was Prior 

 II88-1208, but Bishop Pudsey's charter (ibid. 198) 

 indicates that Bertram's charter was made before the 

 bishop's death in 1 198. Pudsey's charter bears out 

 the statement in Coldingham, Scriptores Ires (Surtees 

 Soc), 12, that Pudsey made the borough of Elvet 

 and afterwards resigned it to the convent to whom it 

 belonged as of right. Unfortunately the order of 

 Pudsey's various actions in regard to the borough of 

 Durham, the building of Elvet Bridge and the borough 

 of Elvet, is not known. The effect on both the 

 borough of Durham and Elvet of the building of the 

 New (Elvet) Bridge must have been great. Until 

 it was built the main traffic between north and south 

 would pass through the Old Borough and Crossgate, 

 but immediately Elvet Bridge was built this traffic 

 would be diverted from South Street to Elvet and 

 the bishop's borough, to their great advantage. 



** Feod. Prior. Dunelm. (Surt. Soc), 199. It 

 would almost appear that the grant as to pleas was 

 ultra vires, but the extract from the following deed 

 (Durh. Treas. 2, 17, spec. 27) shows that the grant 

 was acted on ' quod quidem burgagium ego Gilbertus 

 Araunam in curia Burgi prenominati (Elvet) die 

 Jovis proxima ante festum sancti Martini (a.d. 1294) 

 per quoddam breve de recto de Rogero de Fferye 

 coram Dominis Johanne Seleby tunc hostelario 

 Prioratus Dunelmensis et Johanne Skyreloe tunc loci 

 ejusdem senescallo ad hoc assignatis.' 



*' Durh. Treas. Reg. ii, f. 21 d. Inq. p.m. 2 

 Fordham, Joh. de Elvet. The amount of landmale 

 was generally very small — l\d., though in one case 

 10 burgages paid \s. lid. 



of both the borough and the barony was vested. 

 In addition the burgesses owed suit to the then 

 principal courts of the borough. 



Of the government of the borough of Elvet 

 but little can be said, as none of the court rolls 

 have survived, and from the middle of the 

 14th century but little distinction seems to 

 have been made between the borough and the 

 barony. Before the year 1315 the profits of the 

 borough were leased,** but after that date the 

 convent did not farm them. Elvet was not, 

 however, treated like the ordinary manors of the 

 convent, which were subject to the jurisdiction 

 of the steward, who visited them three times 

 yearly when the prior's halmote courts were 

 held.** The Elvet tenants never appear to have 

 owed suit to these courts, but to have appeared 

 at a special court held for Elvet. This court 

 was held once a fortnight on Wednesdays at the 

 prior's manor house in Hallgarth Street for the 

 dispatch of ordinary judicial business, but three 

 times a year, namely, at Easter, Michaelmas and 

 Epiphany, a special court (curia capitalis) was 

 held, at which all suitors had to be present. *"* 



The River Wear, one ol 

 RIFER, BRIDGES the most important physi- 

 JND MILLS cal features that influenced 



the development of Dur- 

 ham, did not always follow its present course. 

 Formerly after flowing from Shinclifle Bridge 



** This appears from a note in a list of tenants fined 

 ' in curiis de Elvet hall et Novi Burgi ' for allowing 

 their animals to trespass in the demesne lands (Durh. 

 Treas. Loc ii, no. 14). The note goes on to state 

 that several rolls ' consumpti sunt partem per pluviam 

 partem per ratones et mures.' This may account for 

 the non-existence of any court rolls of the borough, 

 whilst a separate court was held for that area as 

 distinct from the barony. If any court rolls for the 

 borough had existed when the ' Repertorium Magnum' 

 was drawn up (1456), they would have been entered 

 under Loc. iv — the entry there only refers to the 

 barony. 



** See Durh. Halmote Courts (Surtees Soc), Intro- 

 duction. 



100 'Yhe few Elvet rolls which have survived will 

 be found in Durh. Treas. Loc. iv; with the excep- 

 tion of a roll (in a very bad condition) for 1360 

 (no. 116), the other rolls, nos. 99, loi, 102, 119, 124, 

 128, 129, 131 and 132, all relate to the period 1398- 

 1402. The general heading is ' Curia Baronie de 

 Elvett,' but from a reference in the roll for 1398 

 (no. 96) to fines for aDowing pigs to trespass in 

 Smythalgh, which is within the borough, it would 

 appear that the court had jurisdiction over the 

 borough as well as the barony. Further evidence 

 that the differentiation between the borough and the 

 barony ceased to exist in the 15th century is the use 

 of the term burgage in reference to a house in the 

 barony (Hostellar's Acct. 1446/7, Durh. Acct. R. 

 i, 145). In the 14th century the term burgage was 

 not used in reference to property in the barony. 



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