Civil jurisdiction
THIS CITY being thus part of the king's demesnes,
was, from the earliest accounts, under the government
and direction of an officer appointed by him, stiled at
different periods the king's præfect, provost, and
keeper of the city, and this both before the Norman
conquest and some time afterwards, though at that time,
as appears by the former extract from Domesday, the
sheriff of the county had the custody of it; but this
seems to have been only temporary; for in after times,
the king appointed one or more bailiffs for the custody
of it, who not only presided over the civil jurisdiction
of it, but in the manner of stewards accounted yearly
to the king, for the several profits and issues arising
from it. (fn. 1)
Somner has shewn, that at least from the last year
of king John, two bailiffs were yearly appointed by
the king for the above purpose, (fn. 2) and continued so to
be, till king Henry III. by his charter in his 18th year,
granted the town to the citizens in see-farm as abovementioned, and infranchised them with licence and
power yearly to chuse in it bailiffs for themselves; and
in his 40th year he granted to them several other charters
of divers liberties and franchises, (fn. 3) all which were allowed
in the iters of J. de Berewyk and his sociates,
justices itinerant, in the 21st year of king Edward I.
and in that of H. de Stanton and his sociates, justices
itinerant likewise at Canterbury, in the 6th year of king
Edward II. all which was proved on a quo warranto,
in the 19th year of king Richard II. who confirmed
the same by his letters of inspeximus that year, and
granted his exemplification of them accordingly.
By this exemplification it appears, that in the pleas
of the crown, anno 21 Edward I. before J. de Berewyk and his sociates, justices itinerant at Canterbury,
upon a quo warrantoissuing, in respect of these liberties, the citizens pleaded, that king Henry, the king's
father, granted and confirmed to them by his charter,
that they and their heirs should have and hold of him
and his heirs for ever, the said city of Canterbury in
serma, for sixty pounds sterling yearly to be paid; and
as to the return of writs, assize of bread and ale, pillory,
tumbrel, and gallows, they pleaded that the said king
Henry granted to them, that they and their heirs for
ever, should have return of the king's writs, touching
the city and the liberties of the same, as well within the
suburb, as within the city; and as to the liberties of
holding pleas of the crown, and having market, fair,
gallows, and weif, in the city, they pleaded that the
said king Henry granted to them all liberties and free
customs, which they had in the time of king Henry
his grandfather before mentioned, in as ample a manner as they had at any time possessed the same; and
they further pleaded, that they and the citizens their
ancestors had fully used the aforesaid liberties, from
the time of the aforsaid king Henry, the great-grandfather of the then king (Edward;) all which was
found by the jury, and allowed by the justices in their
said iter.
In which iter, on a question arising, whether the borough of St. Martin and of Fyspole, was within the
liberties of the city, (fn. 4) the jury found, that the borough
of St. Martin should in future be subject and answerable with the rest of the citizens, in all those matters
which belong to the crown; and that the coroner of
the city should execute his office of coroner within
that borough; and they further found, that all resident
and dwelling in that borough, ought to come four times
in a year to the hundred of Burgate, at the summons
of the bailiffs of the city, to present those things which
belonged to the view of frank pledge. And in like
manner that they ought to come to the portmote of
the city, as often as the citizens should cause a common
meeting, to be summoned by the blowing of the horn
of the city; and they found that the performing the
said suit had been withdrawn for some time to the
king's damage; therefore it was adjudged, that the
above borough should for the future perform the said
suits, and should be distrained to the performance of
them, and that the king should recover his arrearages
of the same. And as to the tenants of Fyspole, that
they should perform the suit which they had been accustomed to perform. (fn. 5)
After this, it appears, that the city continued to be
governed by bailiffs with little alteration, though the
citizens obtained some further addition to, and allowance of their liberties in the first year of Henry IV.
in the 2d and 9th years of Henry V. and the 3d and
26th years of Henry VI. (fn. 6) in the 26th year of which
reign, the king granted to them an ample charter of
further liberties and privileges, among which were those
of chusing a mayor instead of bailiffs, on Holy Cross
day, yearly, and to be a corporation, by the name of
mayor and commonalty; the mayor; to be sworn into
his office on the Michaelmas day, to have his serjeants
at mace, to have the return of all writs, foreign officers
not to intermeddle; the city and court to be governed
by the mayor, who with the commonalty, should be capable of purchasing and selling lands, (fn. 7) and to sue and be
sued. The mayor and his successors to take knowledge
of all pleas, to be justices of the peace, after the expiration of their mayoralty. And he granted, that no justice of peace of the county should enquire of things
done in the city. Mondays and Thursdays to be the
courts days; power granted to levy fines before the
mayor, were licence of concord; none of the commonalty to be compelled to answer without the city; the
mayor, in his absence, might make one of the aldermen
his deputy. The mayor and aldermen only, to make
and alter rules and constitutions, and to raise taxes on
the citizens. The mayor might punish any of the citizens, who came not to his commandment; to have
one coroner; no officer of the county to intermeddle
within the city or liberty of it. And the same king, by
another charter, also in the city chest, in the 31st
year of his reign, granted, of his especial grace, to the
mayor and commonalty, a full confirmation of all former charters of liberties granted to them, as well as of
his own charter last-mentioned with a special clause,
that the liberties granted in such charter should not be
any ways subject to the act of resumption then lately
passed; (fn. 8) and he further by it granted that the citizens
should chuse a mayor, who should be a citizen, according to their old custom, or in the same manner as the
citizens of London; that the mayor, with the advice
of the aldermen, should chuse yearly a bailiff or sheriff, who should be bound to answer at his exchequer
for the fee farm, and other issues, profits and revenues
of the city, and should make an attorney; conuzance
of pleas to be taken before the mayor in the Guildhall;
all manner of pleas and actions within the precincts of
the hamlet of Staplegate in this city, parcel of the
ville of Westgate, without the city, and within the
aforesaid liberty of the archbishop of Canterbury, always excepted.
And further, that the mayor, and one learned man,
and four, three, or two, of the aldermen, being called
to the mayor, jointly and severally should be justices of
the peace, to hold the sessions within the city for the
same and the liberties thereof; and therein to enquire
of the clipping and forging of money, and of all statutes, &c. for the peace and good government of all
people within the city; and of all selonies, forestallings,
regratings, &c. therein to hear and determine of all
matters, which justices of the peace should hear and
determine; provided always, that the mayor and the
said learned man should be of the quorum; that they
should have the keeping of the gaol of Westgate for
prisoners, and should be justices of the gaol delivery;
the mayor and his successors to be justices for the making of musters, &c. that the said mayor and commonalty should have one fair, to be holden on August 4th,
and the two days next following, with all liberties and
free customs to them belonging, provided it should not
be to the nuisance of the fairs nigh to the same, or to the
juridictions and liberties of the archbishop of Canterbury, the priory of Christ-church, or the monastery of
St Augustine, by any manner of means.