A HISTORY OF HERTFORDSHIRE 



Besides this the chief pledges presented offences against 

 the a ; sizes, assaults, neglect of frankpledge, defects of 

 the watches, or disobedience to the borough officers. 

 The court seems to have overstrained its jurisdiction 

 in the 13th century, for in 1278 the suitors were 

 presented for an illegal process against a thief.' 00 

 Further, there were the elections of the officials and 

 the burgesses. Finally, a few pleas of debt and 

 trespass came into court— so few that the sessions 

 mu-t have been far less important as a tribunal than 



Such was the constitution until the grant of a 

 charter by Mary in February 1 5 54. 1 The borough 

 was incorporated under the style of a bailiff and fifteen 

 burgtjses with power to have a common seal and to 

 act in courts of law. The bailiff was to be elected 

 by the burgesses from their number on the Thursdav 

 after Michaelmas in each year, and was to take the 

 oath. The bailiff and burgesses were to appoint con- 

 stables and all other officials, and were also to choose 

 new burgesses, as need might arise, from the 'tenants 

 and inhabitants' of the borough. - Thus the charter 

 placed the bailiff to some extent under the control of 

 the new body of burgesses. Possibly the chief pledges 

 may have developed some consultative functions before 

 thi; time, for the new burgesses represent the pledges 

 more than anything else. The ' whole community ' 

 were the chieflosers in giving up the election of the 

 bailiff to the fifteen burgesses. 



The charter granted by Elizabeth in 1589 set the 

 borough government on the lines along which it 

 developed. The executive was in the hands of eleven 

 chief burgesses, forming the common council, and a 

 bailiff. 3 1 he former were co-opted from the assistants, 

 the latter was elected from the common council 

 by the assistants and chief burgesses annually upon 

 St. Matthew's Day. The bailiff-elect took the corporal 

 oath and entered on office at the following Michael- 

 mas. The chief burgesses lost their office if they 

 lived away from the borough for six months. The 

 assistants were a body of sixteen, chosen from the in- 

 habitants by the bailiff and chief burgesses ; their only 

 work was to vote at the bailiff's election. The powers 

 of the bailiff and chief burgesses were legislative and 

 executive. They had power to make ordinances at 

 a court held in (he town hall as often as they deemed 

 convenient ; and their ordinances might be enforced 

 by fine and imprisonment. The bailiff and burgesses 

 had power to deal with these fines and with those 

 proceeding from the market. They appointed the 

 constables and minor officers. They also chose the 

 chief steward of the court ; the steward of the 

 borough was still apparently appointed by the Crown. 



These stewards were both associated with the bailiff 

 and one of the chief burgesses in the holding of 

 the borough court of record every Monday. Its 

 competence extended over personal actions within the 

 borough where the sum sought was under £50. The 

 bailiff alone had certain executive powers ; he was 

 clerk of the market cirtute officii and he appointed the 

 serjeant-at-mace. 



This charter governed the borough for sixteen 

 years. In 1605 James I reincorporated the town 



100 Sec Assize R. 313, m. 46 d., 47 d. in administrative work do 



(6*7 Edw. I); see alio ibid. 325, have been very clearly defin 

 m. 33, 34, as to the relations between ' Pat. 1 Mary, pt. IX, m. 



the bailiff of the vill and the constable » Ibid. 3] Eli*, pt. xi, m. 



of the cistle, whose respective provinces "a Corp. Mun. 



496 



under the new style of the mayor, burgesses and 

 commonalty. 3 " The mayor wa« merely the bailiff of 

 1589. He was elected by the chief burgesses 

 and assistants from the common council (or chief 

 burgesses). The latter body was to consist of ten of 

 the best men inhabiting within the borough 

 (including the mayor). Each chief burgess wai 

 elected for life by the rest of the council and the 

 mayor, who was given a certain control in the power 

 of removing chief burgesses. The siiteen assistants 

 were to be elected by the mayor and chief burgesses 

 from the commonalty. The common council could 

 also remove them. The powers of the assistants in 

 the mayoral election were defined. On St. Matthew'i 

 Day the mayor and chief burgesses presented two 

 candidates from their number, of whom the assistants 

 chose one, who took the usual oath and came into 

 office at Michaelmas following. The legislative 

 powers of the old common council passed to the mayor 

 and chief burgesses. Their executive powers were 

 extended. They were to choose the chief steward 

 of the borough, after the death of the Earl of Salisbury, 

 who was appointed to the office by the king. They 

 also chose the steward of the court (a lawyer), the 

 town clerk, and the scrjeants-at-mace ; the admis- 

 sion of burgesses was placed in their hands. Judicial 

 powers were divided between the mayor and steward. 

 The court of record, to be held by the mayor and 

 steward of the court, was transferred to Tuesday, and 

 the limit of damages brought down to £40. The 

 mayor and steward and one burgess were to be 

 justices of the peace for the borough, but their 

 jurisdiction seems not to have excluded that of the 

 county magistrates. 



The defect of this charter is the excess of trust left 

 in the mayor and chief burgesses, who were irrespon- 

 sible in their town government. The evil effects 

 were quickly felt in the administration of the common 

 pasture, if nowhere else. 4 Moreover, the corporation 

 fell into lazy ways. In 1635 penalties were ordained 

 for those who did not come, or did not come properly 

 dressed, to official meetings, 1 and for those who gave 

 the mayor or officers ' opprobrious words ' or disclosed 

 counsel. 6 At the same time it was ordered that four 

 chief burgesses should attend the weekly court of 

 record. The council met at 'monthly courts,' to 

 which the chief burgesses and officials were to be 

 summoned. The ancient array of flesh and fish 

 tasters, ale-tasters and bread-weighers was still kept 

 up, with four constables, four viewers of the streeis 

 and two of the commons. 7 The regulations made 

 for the cleanliness of the streets prove that the cor- 

 poration did something at least in the public interest. 



Town government was complicated by the uncer- 

 tainty of the bounds within which the charter 

 applied 8 ; and this was the chief argument of the 

 movers for the new charter obtained in i68o. B The 

 style of the incorporation was then altered to the 

 'mayor, aldermen and commonalty.' The mayor 

 was chosen from the common council by the same 

 form of double election as before and on the same 

 tenure. The ten aldermen were elected from the 

 by the common council (including the 



* Cal. S. P. Dom. 1618-9, P. 5 6 °- 

 ' Hertf. Corp. Papers, i, no. 37. 

 •ibid. 'Ibid. no. ; 7 . Mbid.no. 40. 



* Pat. 31 Chas. II, pt. iii, no. 11. See 

 under boundaries 



