11. That no person whatsoever is, or can be qualified to voate before a fine taken of the premises, according to the custom of this court and be sworn to the Fealty."*

CHAPTER XI.

Of the present Constitution of the Borough: and of the Borough-court.

T has been before intimated,* that the charter of the incorporation of the borough of Stockton is not at present known to exist.

This

is a circumstance by no means to be lamented-nor to be misunderstood; as if the existence of the

corporation ceased by the loss of the original deed of constitution. Whatever has continued in uninterrupted suc

* Chapter vi.

+ Ritson says, "The old charter might possibly be found by a search in the Cursitor's office [Durham] but considering the antiquity, obscurity, number and condition of the Rolls (for there are no calendars or indexes) it would be difficult to be met with." He adds, "In the chancery office, Durham, in all probability, among the rolls of Hugh Pudsey, or some other ancient bishop, would be found the charter of incorporation, of which I could never meet with, or even hear of, a single copy. I apprehend, the form of the charter, which cannot be well later, I should suppose, than Bishop Bek's time, would be found to resemble that by which Hartlepool was incorporated by K. John, and which is fortunately printed in the appendix to Brady's treatise on boroughs."-" There is nothing in the [British] Museum, nor, I think, at either Oxford or Cambridge, which I have not transcribed." Letter dated 28th November, 1791. Mr. Ritson's communications respecting Stockton were, by his permission, used in the compilation of the first edition of this work. By the further researches of Mr. Surtees, I should suppose the charter irrecoverable.

Ꭱ

cession from an immemorial time is considered, in law, as of paramount and original authority. It does not admit of a doubt but that the incorporation of this borough must have been equal, at least, if not anterior, to that of many of the ancient boroughs of the kingdom. I have presumed it to have taken place soon after the commencement of the thirteenth century; and, certainly, before, perhaps long before, A. D. 1283, when it is acknowledged as "the borough of Stoketon," by those who took charge of the temporalities of the crown after the death of bishop Róbert de Insula.

The loss of the charter possesses this valuable property that it cannot be forfeited by any irregularity, omission, or commission of the body corporate. The court of king's bench, indeed, can visit them with a mandamus should occasion require it; but it continues still a corporation by prescription; in the language of Blackstone,* "such as the city of London, and many others, which have existed as corporations, time whereof the memory of man runneth not to the contrary; and therefore are looked upon in law to be well created. For though the members thereof can shew no legal charter of incorporation; yet, in cases of such high antiquity, the law presumes there once was one, and that by a variety of accidents, which a length of time may produce, the charter is lost or destroyed."

On mature re-consideration I am inclined to imagine, that the incorporation of Stockton was nearly co-incident with the incorporation of the borough of Hartlepool, and

* Commentaries, b. 1, c. 18.

the confirmation charter of Newcastle-upon-Tyne.* The former is dated February VIII. 2 John, at Durham; the latter February IX, the next day, at Newcastle. The forms of the charters of Hartlepool, and of Stockton, appear to have been similar; both referring to a charter previously granted to Newcastle. That this was the case with the Stockton charter admits of proof from a deed or letter above recited (17 Ed. III. A. D. 1314) from the mayor and bailiffs of the town of Newcastleupon-Tyne to the mayor and bailiff, and other honest men, of the town of Stockton ;-in a civil manner making them acquainted with certain privileges in use at Newcastle, which were not sufficiently understood at Stockton, and which they equally claimed to use and have.

I cannot better illustrate this conjecture than by a recital of the charter "de Hartpol," which is short and pertinent, and a contrast to the deeds of modern days. "John, by the grace of God, &c. Know ye that we grant, and by this our charter confirm to the men of Hartepol, that they be free burgesses and that they may possess the same liberties and laws in their town de Herteypol which our burgesses of Newcastle upon Tyne have in their town of Newcastle. Wherefore we will and strictly command that the said burgesses may have and

• There appears to have been a particular impulse, at this period, of creating royal burgs, which makes the probability greater, that very near this time was the Era of the charter of Stockton. I am inclined to believe that this arose from the venality of the court of John. A particular instance occurs at Whitby, where a charter, agreed to be granted to the town for a valuable consideration, was rescinded [A. D. 1202] in consequence of a more valuable consideration given by the Monks.-Young's Hist. of Whitby, vol. 2, p. 477.

enjoy the said liberties and laws, well and peaceably, freely and quietly, and fully, as aforesaid. Witness William de Stutevill, Hugh Bard, Peter de Patell, William Briwer, Hugh de Neville, Robert de Brus, Eustace de Vesey, Peter de Bury, &c.

"Given under the hand of S. Archdeacon of Wells, at Durham, the eighth day of February, in the second year of our reign."* Rot. Cart. 2 John, No. 19, Tower. This form, mutatis mutandis, may be considered as a counter-part of the charter of Stockton.

As the ancient charter of Newcastle is yet in existence, and the charter of Stockton is not known to be so, the privileges and immunities granted in the former will bear an important application to the latter. The present charters of Hartlepool and Newcastle being, comparatively, of recent dates, the original incorporation of Stockton stands immoveably fixed, and-" caput inter nubila condit."

The borough is governed by a Mayor and Burgesses of whom those who have passed the chair are deemed aldermen, or chief burgesses. The Mayor is named in the commission of the peace for the county, and may act as as a Justice of Pleas at Durham. The Steward of the bishop's court leet and court baron is now generally denominated the Recorder.† The Mayor is elected by a

*Surtees's Durham and Sharp's Hartlepool.-Append. to Brady.

The present Recorder, Leonard Raisbeck, Esq., was presented with a valuable piece of plate, by the Mayor, Aldermen, and Burgesses, in the public Court-room, on the 9th day of January, 1824, bearing the following inscription :--" Presented to Leonard Raisbeck, Esq., by the Mayor, Aldermen, and Burgesses of the borough of Stockton, whose names are inscribed as a testimony of the high esteem they entertain for his independent attendance on all occasions of public business, for the zeal and exertions he has displayed in promoting the general inte