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.
[Footnote 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.