The executive officers of any borough, acting without the Emits thereof, are like the sheriff, acting in another county, where he has no right. And to indicate how careful the ancients were in the preservation of boundaries, Greenwood has this emphatical charge to the jury in his court leet: "You shall inquire if any ancient bounds or land-marks be withdrawn and taken away, such as distinguish, or divide hundreds, parishes, tithings, commons, common-meadows, and common fields, to avoid confusion, and consequently dissension.

Though boroughs are generally esteemed full of corruption and venality, still it is held by several eminent writers, they are the oldest part of the constitution; that they were in great estimation in former parliaments is evident from history.

Many authors ascribe the first appearance of knights and citizens, or burgesses in parliament, to have been in the time of the Normans; yet 'long ere this,' says Bede, there were many famous cities, besides innumerable walled towns and castles; and it is very probable, that the town of Kirkbye or Pontefract, might be included in the latter. The Anglo-Saxon boroughs were endowed with land, and had a title to be present by their deputies or suitors in the councils of the nation; and the wites mentioned as a part of their parliaments or councils, were the knights of shires and burgesses.

To all the enjoyments, however, of which England might be possessed, the Norman conquest proved fatal in its consequences. William, under the semblance of the administration of a lawful prince, and the desire of confirming all the ancient privileges and immunities, imposed on the inhabitants the tax Danegelt* so odious to them, which had been abolished by Edward the Confessor; and, he then established the feudal law, practised in Normandy and France. With very few exceptions, he divided all the lands of the kingdom into baronies; and, to his most potent followers,† granted a great part of the possessions wrested from the Saxons, to be held of him, in capite, i. e. on military conditions.

This tribute, called Danigeld or Danegelt, was first ordained on account of the pirates. To check their insolence, Danigeld was levied annually, twelve pence on every hide throughout the country, to hire men to oppose the pirates. From this tax every church, and every estate held in property by the church, wheresoever it lay, was exempted: contributing nothing towards this payment, because more dependance was placed on the church than on the defence of arms.---Antient Law. Gough's Camden's Brit.---Danes, i. p. clxxvii.

+ To Ilbert de Lascy he gave 150 lordships in the county of York, including those of Kirkbye and Tateshall.

To earl Alane, his nephew, amongst other grants he gave the two following:

IN CHIRCHEBI, to be taxed eight carucates, and there may be four ploughs. Ulchil had there (one carucate and a half,) one manor. Ligulf and Tor and Gamel and Siward had the rest of the land, with one hall. Picot now has it of earl Alane and it is waste: value in king Edward's time ten shillings. The whole one mile long and one broad. Two carucates of this land are in the soke of Alreton (Ellerton.)

IN CHIRCHEBI, to be taxed three carucates, and there may be two ploughs. Eldred had there one manor. The same now has it of the earl in demesne, one plough, and six villanes with two ploughs. The whole one mile long, and two quarentens

These lands were then re-let by the barons, to other foreigners under the denomination of knights and vassals, and thus the freedmen where deprived of their privileges, and the lands subjected to this arbitrary species of tenure. The burgesses of Kirkbye became subject to Ilbert de Lascy, their feudal lord, and the court was instituted in place of the burgh-mote. Arbitrary and tyrannical exactions were imposed, and every hide of land was taxed. In the roll of Winton,* it was noted, how many plough lands, pastures, fens, marshes, woods, farms, or tenements each shire contained, with their worth; together with all the villanes and cattle.

Ilbert obtained a confirmation of all his grants in the tenth year of William's reign, and dying shortly afterwards, his vast possessions devolved to his eldest on Roger, who granted to the burgesses the following charter :—

CHARTER OF ROGER DE LASCY.

(endorsed in the original, No. 1.)

KNOW, persons present and to come, that I, Roger de Lascy, constable of Chester, have given and granted, and by this my present charter, have confirmed to my burgesses of Pontefract, their heirs and successors, franchise and free-burgage, and their tofts, to hold of me and my heirs, in fee and in inheritance, freely, quietly, honourably, and wholly,

By rendering yearly to me and my heirs, twelve pence for every whole toft, as they did in the time of Henry de Lascy for all services, paying a moiety of the ferm at mid-lent, and a moiety at the feast of St. Michael. MOREOVER, I have granted and confirmed to my aforesaid burgesses, and their successors, the liberties, and (liberas leges,) free laws, which the burgesses of the lord the king of Grimsby use, which broad, value in king Edward's time, ten shillings, now sixteen shillings. Dom. Boc. Picot was a nobleman in William's train, as appears by the roll of Battle Abbey. HOLLINGSHED. These possessions belonged to Edwin earl of Mercia previously to the Conquest, and were granted to Alane, at the request of queen Maude, whilst William held siege before York. HOLLINGSHED.

QUARANTEN (quarantina,) was a quantity of land containing 40 perches. BRADY on Boroughs, p. 18.

Amongst the grants of the earl of Morton, was the following:

IN CHIRCHEBI, Chilbert had one manor, of four and a half carucates; Nigel has it, and it is waste.

Amongst the grants of Gospatric, were

IN CHIRCHEBI, (manor,) six carucates of land to be taxed. Land to three ploughs. IN CHIRCHEBI, (manor,) five carucates of land to be taxed. Land to three ploughs. There is now there one plough, and eight villanes with two bordars. Coppice wood half a mile long and four quarantens broad. The whole one mile long and half broad. Value in king Edward's time, twenty shillings, now ten shillings. William had here three manors.

IN CHIRCHEBI, (manor,) three thanes had four carucates, and two oxgangs to be taxed. Land to two ploughs, thirty shillings.

IN CHIRCHEBI, (manor.) Uglebert had half a carucate to be taxed. Land to one plough. Ten shillings.

IN CHIRCHEBI, (manor.) Gospatric had six carucates to be taxed. Land to three ploughs. Twenty shillings.

So called from its being kept in the cathedral at Winchester, Domus Dei being the place where it was deposited, the English called it Domesday Book.

are as follow; Every burgess may give or sell his land to whomsoever he will, unless in franc-almoigne, (nisi religioni,) saving the ferm of the lord, and he shall enter a plea, and render the land into the hand of the prætor, for the use of the lord, and shall give one penny of toll, and the prætor shall give the land to the buyer, by the gift of the lord, quit of all things, and the buyer shall give likewise one penny: Whoever shall purchase any part of any toft, and be seized as aforesaid, he is as free as if he bought a whole toft. If any person shall have more houses than one in his toft, and shall let them to any persons, they shall be free to sell and to buy all wares, but he shall give four pence a year to the prætor. He who shall dwell in a capital or mansion-house, shall be unmolested and free, as if he were a burgess. Whosoever shall transgress in the borough aforesaid, shall be attached there; and stand to the law by judgment in the court of the burgesses. But the aforesaid burgesses shall not go out of their borough for any plea, or any plaint save only for pleas of the crown. When the prætor has paid the borough rent to the lord, at the feast of saint Michael, the lord shall remove him, and substitute whomsoever he shall please, but the burgesses shall be preferred, if they will give as much as others.

Whoever shall charge another person of any offence in a plea before the prætor, that unjustly and without reason, and being in peace, he has wronged him, and such person shall deny the injury, and the non-reason, and the being in peace, and whatsoever he hath said against him, he hath given a good answer. He who shall deny the injury, or the non-reason, or the being in peace, and hath not been culpable of any of these things, he shall be adjudged to be in the misericordia of the prætor, and by his forfeiture, he shall recover his answer. He who shall begin to deny his words exactly for a negative, and shall not exactly deny all, he fails, and by his forfeiture he shall recover his answer. The mulct of the burgesses shall be determined by twelve lawful men, elected for this purpose, if the prætor shall will to aggreive any one. None of the burgesses shall give forfeit for the first default,, but for the second, unless he shall be able to save his day. Every burgess shall pledge his own proper naam or distress, unless he shall be arraigned upon a plea of the crown, of the lord king, or have failed to incur his proper pledge. If a servant of the prætor has spoken against a burgess, he shall not answer without witness. If a burgess be arraigned by his peer, for shedding of blood, or for open battery, and he shall deny it, he shall swear himself on the sixth day; if not of bloodshed, he shall swear himself on the third day. If any other than a burgess shall have been

accused by a burgess of the same thing, he shall swear himself on the twelfth day. Every burgess is bound to answer to another burgess, without witness, but not tʊ a foreigner, unless concerning an apparent fact or debt. If a burgess shall take an oath of his peer, unless it shall be for a debt, he shall be in forfeit, if of another than his peer, he shall be acquit. If a foreigner shall take an oath from a burgess, he shall be in the greatest forfeit. If a foreigner shall owe a debt to any burgess, it is lawful for him on every day of the week, to take a naam or distress upon him, without the licence of the prætor, unless on the fair of Saint Egidius. If a naam of any burgess be taken over another, he shall be judged on the first day of the contention (or wrath,) to go and discharge it at his own expence : which, if he shall not do, he shall be compelled by a proper naam of wrath. He who shall take away the lord's toll, shall remain in the following forfeit ; to wit, for a farthing, five shillings and a farthing; for a half-penny, ten shillings and a halfpenny; for three farthings, fifteen shillings and three farthings; for a penny, twenty shillings and a penny. It is lawful for every one in his ground to make any sort of warehouses whatsoever, for making up the ferm of the lord. Whosoever shall deny or grant any thing, other than that of which he be accused, he shall abide in forfeit. Every burgess may bring bread, corn, &c. by water and by land, whensoever he will, and all other wares, without custom and let, unless he be prohibited by the lord or his bailiffs. The aforesaid burgesses are not bound to answer any one concerning any tenement of theirs, in which they have been seized by the hand of the prætor, and have held for one whole year and a day without challenge. If any one be cited in a plea of the burgesses whilst he is elsewhere about his business, he shall be acquit for the saving of his days when he returns. If any one be accused of larceny or felony, by any person; we will judge him in our borough, the lord's serjeant assisting us, executing the law together at one time, with thirty-six compurgators. If at another time, he shall be accused either by battle or by water, he shall purge (or clear) himself. No woman shall give custom in our borough for selling beer. Moreover I have given and granted and by my present charter, I have confirmed to my said burgesses of Pontefract, and their heirs and successors, acquittance from all toll and custom through my whole land, appertaining, belonging to the castelany of Pontefract, and to the castellany of Clitherow. And for having, nd firmly holding this donation, and concession of liberty, my aforesaid urgesses of Pontefract have given me three hundred marks of silver. Witnesses, Hubert by the grace of our Lord, archbishop of Canterbury, the earl Roger Bigot, William (de sanctae mariae ecclesia,) of the

D

church of St. Mary, Wiñam de Warren, Raph archdeacon of Hereford, Richard de Harriett, Simon de Pateshill, Hugo de Peverell, Osbert fil. Herby, Richard of Chester, Hago de Boby, Roger de Bavent, Radulph fil. Radulph, Walter de Bevinton, Alan de Liniby, Thomas fil. Thomas, Robert de Vavasour, Aldred de Dutton, Robert Wallensis, Adam de Reineville, John de Birkin, Virvone de Lunevers, Thomas de Reineville. Dated, the vi of the Ides of June, at Westminster, before the justices of Richard, the lord and king, in the 5th year of his coronation, 1194.

This charter, although it grants all privileges heretofore enjoyed by the burgesses, clearly evinces that the burgesses were invested with no authority save what Roger de Lascy deemed proper to bestow. He afterwards granted to them this second charter, which relateth to the land held by the burgesses in the moor of Pontefract,

CHARTER OF ROGER DE LASCY,
(annexed to No. 1.)

ALL persons present and to come, Know that I, Roger de Lasey, constable of Chester, have given and granted, and by this my present charter, have confirmed to my burgesses of Pontefract, who have land in the moor, one hundred and eighty and fourteen acres and a half in the moor, to hold of them and their heirs of me and my heirs, freely, quietly, peaceably; by rendering therefore, yearly to me and my heirs, for all services, for every acre, fourpence of ferm or rent at the feast of St. Michael, that is to say, to Spracligenus thirty-two acres; to lervere, his son-in-law, four; to Ernisius, nineteen; to Elias, his son, eleven; to Edwinuș, the son of Waldanus, eleven and a half; to Alexander, the son of Hereward, ten; to Matildas Rufus, nine; to Simon, his son-in-law, two; to Thomas, the son of Winiarias, two; to Gilbert, the son of Miruldus, thirteen; to Benedictine, the son of Ranulphus, three; to the heir of John Nobilis, three; to William the son of Aldred, and to William his son, three; to the heirs of Richard, the son of Harald, three and a half; to Aldred, the son of Aldred, six; to Semanus, six; to Astrin, the son of Stephen, three; to Simon, the son of Benedict, eight; to Robert the son of Gervise, two and a half; to William, the son of Benedict, three; to Robert, the son of John, nine; to William, the brother of Benedict, and Robert, the son of Hadulphus, three; to Ranulph, the son of Walter, three to the heirs of Hervey, the clerk, six; to Hervey of Kasching, seven; to Alexander, the provost, one; to William, the son of Lewinus, eleven. These witnesses; Eustachius, the brother of the lord; Robert Wallensis, William de Longueville, Jordanus Folliott, Gilbert de