CHAPTER XXXIX.

A CHAPTER FOR THE INFORMATION OF THOSE WHO MAY VISIT DONCASTER, AND ESPECIALLY OF THOSE WHO FREQUENT THE RACES THERE.

My good Lord, there is a Corporation,
A body,—a kind of body.
                                                   MIDDLETON.

Well, reader, I have told thee something concerning the topography of Doncaster: and now in due order, and as in duty bound, will I give thee a sketch of its history; “summa sequar fastigia rerum,” with becoming brevity, according to my custom, and in conformity with the design of this book. The Nobility and Gentry who attend the races there, will find it very agreeable to be well acquainted with every thing relating to the place: and I particularly invite their attention to that part of the present chapter which concerns the Doncaster charters, because as a wise and ancient author hath said, turpe est homini nobili ejus civitatis in quâ versetur, jus ignorare, which may be thus applied, that every gentleman who frequents Doncaster races ought to know the form and history of its corporation.

In Edward the Confessor's reign, the soccage part of Doncaster and of some adjoining townships was under the manor of Hexthorp, though in the topsy-turveying course of time Hexthorp has become part of the soke of Doncaster. Earl Tostig was the Lord of that manor, one of Earl Godwin's sons, and one who holds like his father no honorable place in the records of those times, but who in the last scene of his life displayed a heroism that may well redeem his name. The manor being two miles and a half long, and one and a half broad, was valued at eighteen pounds yearly rent; but when Doomsday book was compiled that rent had decreased one third. It had then been given by the Conqueror to his half-brother Robert Earl of Montaigne in Normandy, and of Cornwall in England. The said Earl was a lay-pluralist of the first magnitude, and had no fewer than seven hundred and fifty manors bestowed upon him as his allotment of the conquered kingdom. He granted the lordship and soke of Doncaster with many other possessions to Nigel de Fossard, which Nigel is believed to have been the Saxon noble who at the time of the conquest held these same possessions under the crown.

The Fossard family ended in an heiress in Cœur de Lion's reign; and the only daughter of that heiress was given in marriage by John Lackland to Peter de Malolieu or Maulay, as a reward for his part in the murder of Prince Arthur. Peter de Maulay, bore, as such a service richly deserved, an ill name in the nation, being moreover a favorite of King John's, and believed to be one of his evil counsellors as well as of his wicked instruments: but the name was in good odour with his descendants, and was borne accordingly by eight Peters in succession. The eighth had no male issue; he left two daughters, and daughters are said by Fuller to be “silent strings sending no sound to posterity, but losing their own surnames in their matches.” Ralph Salvayne or Salvin, a descendant of the younger coheiress, in the reign of James I. claimed the Lordship of Doncaster; and William his son after a long suit with the Corporation resigned his claim for a large sum of money.

The Burgesses had obtained their Charter from Richard I. in the fifth year of his reign, that king confirming to them their Soke, and Town or Village of Danecastre, to hold of him and his heirs, by the ancient rent, and over and above that rent, by an annual payment at the same time of twenty-five marks of silver. For this grant the Burgesses gave the king fifty marks of silver, and were thereby entitled to hold their Soke and Town “effectually and peaceably, freely and quietly, fully and honorably, with all the liberties and free customs to the same appertaining, so that none hereupon might them disturb.” This charter with all and singular the things therein contained was ratified and confirmed by Richard II. to his beloved the then Burgesses of the aforesaid Town.

The Burgesses fearing that they might be molested in the enjoyment of these their liberties and free customs, through defect of a declaration and specification of the same, petitioned Edward IV. in the 7th year of his reign, that he would graciously condescend those liberties and free customs, under specifical declaration and express terms, to them and their heirs and successors, incorporating them, and making them persons fit and capable, with perpetual succession. Accordingly the king granted that Doncaster should be a free borough, and that the burgesses, tenants, resiants, and inhabitants and their successors, should be free burgesses and might have a Gild Merchant, and continue to have the same liberties and free customs, as they and their predecessors had theretofore reasonably used and enjoyed. And that they from thenceforth might be, in reality and name, one body and one perpetual community; and every year chuse out of themselves one fit person to be the Mayor, and two other fit persons for the Serjeants at Mace, of the same town, within the same town dwelling, to rule and govern the community aforesaid, for ever. And further of his more abundant grace the King granted that the cognizance of all manner of pleas of debt, trespass, covenant, and all manner of other causes and contracts whatsoever within the same borough, should be holden before the Mayor. He granted also to the corporation the power of attachment for debt, by their Serjeants at Mace; and of his abundant grace that the Mayor should hold and exercise the office of Coroner also, during his year; and should be also a Justice and Keeper of the King's peace within the said borough. And he granted them of his same abundant grace the right of having a Fair at the said Borough every year upon the vigil, and upon the feast, and upon the morrow of the Annunciation of the Blessed Virgin Mary, to be held, and for the same three days to continue, with all liberties and free customs to this sort of fair appertaining, unless that fair should be to the detriment of the neighbouring fairs.

There appear to this Charter among others as witnesses, the memorable names of “our dearest brothers George of Clarence, and Richard of Gloucester, Dukes; Richard Wydevile de Ryvers, our Treasurer of England, Earl; and our beloved and faithful William Hastynges de Hastynges, Chamberlain of our Household, and Anthony Wydevile de Scales, Knights.” The charter is moreover decorated with the armorial bearings of the Corporation, a Lion sejeant, upon a cushion powdered ermine, holding in his paws and legs a banner with the castle thereon depicted, and this motto, Son Comfort et Liesse, his Comfort and Joy.

Henry VII. enlarged the charter, giving of his special grace, to the Mayor and Community all and singular the messuages, marshes, lands, tenements, rents, reversions and services, advowsons of churches, chantries and chapels, possessions and all hereditaments whatsoever within the Lordship and its dependencies, “with the court-leets, view-of-frank-pledges-courts, waters, mills, entry and discharge of waters, fairs, markets, tolls, picages, stallages, pontages, passages, and all and singular profits, commodities and emoluments whatsoever within that lordship and its precincts to the King, his heirs and successors howsoever appertaining, or lately belonging. And all and singular the issues, revenues, and profits of the aforesaid courts, view of frank pledge, waters, mills, fairs, markets, tolls, picages, stallages, pontages, passages, and the rest of the premises in what manner so ever accruing or arising.” For this the Mayor and Community were to pay into the Exchequer yearly in equal portions, at the feasts of St. Michael the Archangel, and Easter, without fee, or any other charge, the sum of seventy and four pounds, thirteen shillings eleven pence and an halfpenny. Further of his more extensive grace, he granted them to hold twice in every year a leet or view of frank pledge; and that they might have the superintendency of the assize of bread and ale, and other victuals vendible whatsoever, and the correction and punishment of the same, and all and whatsoever, which to a leet or view of frank pledge appertaineth, or ought to appertain. And that they might have all issues and profits and perquisites, fines, penalties, redemptions, forfeitures, and amerciaments in all and singular these kind of leets, or frank pledge to be forfeited, or assessed, or imposed; and moreover wayf, strayf, infang-thief, and outfang-thief; and the goods and chattels of all and singular felons, and the goods of fugitives, convicts and attainted, and the goods and chattels of outlaws and waived; and the wreck of sea when it should happen, and goods and chattels whatsoever confiscated within the manor, lordship, soke, towns, villages, and the rest of the premises of the precincts of the same, and of every of them found, or to be found for ever.

In what way any wreck of sea could be thrown upon any part of the Doncastrian jurisdiction is a question which might have occasioned a curious discussion between Corporal Trim and his good master. How it could happen I cannot comprehend, unless “the fatal Welland,” according to old saw,

                 —————which God forbid!
Should drown all Holland with his excrement.1

Nor indeed do I see how it could happen then, unless Humber should at the same time drown all Lindsey, and the whole of the Yorkshire plain, and Trent bear a part also with all his thirty tributary streams, and the plain land of all the midland counties be once more flooded, “as it was in the days of Noah.” But if the official person who drew up this charter of Henry the Seventh contemplated any such contingency, he must have been a whimsical person; and moreover an unreasonable one not to have considered that Doncaster itself must be destroyed by such a catastrophe, and consequently that its corporation even then could derive no benefit from wreck at sea.

1 SPENSER.

Further of his more abundant grace King Henry granted to the Mayor and Community that they might hold two markets in the week for ever, to wit every Tuesday and every Saturday; and that they might hold a second fair, which was to be upon the vigil, and upon the day of St. James the Apostle, and upon the morrow of the day immediately following to continue: and that they might chuse a Recorder; and hold a weekly court in their Guild Hall, which court should be a Court of Record: and that the Recorder and three of the Aldermen should be Justices as well as the Mayor, and that they might have a gaol within the precincts of their town.

Henry VIII. confirmed this his father's charter, and Elizabeth that her father's confirmation. In the next reign when the corporation, after having “endured the charge of many great and tedious suits” had compounded with Ralph Salvin for what they called his pretended title, they petitioned the King that he would be pleased to accept from them a surrender of their estates, together with an assurance of Salvin's title, and then graciously assure and convey the said manors and premises to them and their successors, so to secure them against any farther litigation.

This accordingly was done. In the fourth year after the Restoration the Mayor, Aldermen and Burgesses petitioned for a ratification of their existing privileges and for an enlargement of them, which Charles II. granted, “the borough being an ancient and populous borough, and he being desirous that for the time to come, for ever, one certain and invariable method might be had of, for, and in the preservation of our peace, and in the rule and governance of the same borough, and of our people in the same inhabiting, and of others resorting thither; and that that borough in succeeding times, might be, and remain a borough of harmony and peace, to the fear and terror of the wicked, and for the support and reward of the good.” Wherefore he the King of his special grace, certain knowledge and mere motion, willed, granted, constituted, declared and confirmed, and by his then presents did will, grant, constitute, declare and confirm, that Doncaster should be, and continue for ever, a free borough itself; and that the Mayor and community, or commonalty thereof, should be one body corporate and politic in reality, deed and name, by the name of Mayor, Aldermen and Burgesses of the borough of Doncaster in the County of York, and by that name be capacitated and enabled to plead, and to be impleaded, answer and be answered; defend and be defended; and to have, purchase, receive, possess, give, grant and demise.

This body corporate and politic which was to have perpetual succession, was by the Charter appointed to consist of one Mayor, twelve Aldermen, and twenty-four capital Burgesses, the Aldermen to be “of the better and more excellent inhabitants of the borough,” and the capital Burgesses of the better, more reputable and discreet, and these latter were to be “for ever in perpetual future times, the Common Council of the borough.” The three Estates of the Borough as they may be called, in court or convocation gathered together and assembled, were invested “with full authority, power and ability of granting, constituting, ordaining, making, and rendering firm, from time to time, such kind of laws, institutes, bye-laws, ordinances and constitutions, which to them, or the greater part of them, shall seem to be, according to their sound understandings, good, salutary, profitable, honest or honorable, and necessary for the good rule and governance of the Mayor, Aldermen and Burgesses, and of all and singular, and other the inhabitants of the borough aforesaid; and of all the officers, ministers, artificers, and resiants whatsoever within the borough aforesaid, for the time being; and for the declaring in what manner and form, the aforesaid Mayor, Aldermen and Burgesses, and all and singular other the ministers, officers, artificers, inhabitants, and resiants of the borough aforesaid, and their factors or agents, servants and apprentices, in their offices, callings, mysteries, artifices and businesses, within the borough aforesaid, and the liberties of the same for the time being, shall have, behave and use themselves, and otherwise for the more ultimate public good, common utility and good regimen of the borough aforesaid.” And for the victualling of the borough, and for the better preservation, governance, disposing, letting and demising of the lands, tenements, possessions, revenues and hereditaments, vested in their body corporate, they had power to ordain and enforce such punishments, penalties, inflictions and imprisonments of the body, or by fines and amerciaments, or by both of them, against and upon all delinquents and offenders against these their laws as might to them seem necessary, so that nevertheless this kind of laws, ordinances, institutions and constitutions be not repugnant, nor contrary to the laws and statutes of the kingdom.

Persons refusing to accept the office of Mayor, Alderman, Capital Burgess, or any other inferior office of the borough, except the Recorders, might be committed to gaol, till they consented to serve, or fined at the discretion of the Corporation, and held fast in their gaol till the fine was paid.

This Charter also empowered the Corporation to keep a fair on the Saturday before Easter, and thenceforth on every alternate Saturday until the feast of St. Andrew, for cattle, and to hold at such times a court of pie-powder.

James II. confirmed the corporation in all their rights and privileges, and by the Charter of Charles II., thus confirmed, Doncaster is governed at this day.

It was during the mayoralty of Thomas Pheasant that Daniel Dove took up his abode in Doncaster.