LAUNCESTON TOWN AND

CASTLE

"ndicated by permission to the Worshipgut the Mayor and? Corporation of the Borough of Cammerston ?

by their Obedient humble Servant 77.10

LAUNCESTON SENT MEMBERS TO PARLIAMENT SINCE THE REIGN OF EDWARD I.

citizens or burgesses being in great councils or parliaments before the 49th of Henry III. But it is argued, that the right itself is of more ancient origin; and, that the fact only serves to prove, that the exercise of this right, which the Saxons universally possessed, was suspended by the Norman system of tyranny, until either their necessities, extravagance, or avarice, obliged them partially to restore it to such of the people as were their tools and dependants.

SECTION II.

Launceston.

From the great antiquity and influence of Launceston, in consequence of its castle and powerful possessors, it is very difficult to discover the origin, or trace the progress of its privileges. We learn from Doomsday Survey, that as William Earl of Moreton held Dunheved, in which his castle stood, this place was of great consequence at the time of the Norman Conquest. From him the title and honours descended to his successors, who, having also their residence here, caused the town to increase in buildings and riches, and to enjoy certain liberties and privileges. In the reign of Henry II. there were burgesses inhabiting this town and castle; but their power was rather nominal than real. In the days of Henry III. this town was made a free burgh. This favour was conferred by Richard Earl of Poictiers and Cornwall, and brother to Henry, in the fifteenth year of his reign. By the charter, which thus made Dunheved or Launceston a free burgh, but which is without date, the inhabitants were permitted to choose their own bailiffs. These were to answer the farm of the burgh, which was to Richard, one hundred shillings, to the priory of St. Stephen in Launceston, sixty-five shillings and ten-pence; and to the lepers of St. Leonard of Launceston, an hundred shillings of his alms. To these privileges were added the liberty of building a guildhall within the precincts of the burgh, which they were to hold of him and his heirs by a pound of pepper to be paid annually at Michaelmas for all services whatever. In addition to this, they were to be exempted from all taxes levied on the county, and were not to be tallied by the king when he tallied all his other burghs in England.

From the time of Edward I. Launceston has continued to send members to parliament. It was not however, incorporated until the days of queen Mary in the year 1555. The corporation consists of a mayor, eight aldermen, and a recorder. The right of election is vested in the corporation and free burgesses. The number of voters is only sixteen.

THE CHARTER OF LISKEARD RENEWED BY QUEEN ELIZABETH, A. D. 1580.

SECTION III.
Liskeard.

This ancient town, in connection with its now demolished castle, was held in the days of the Conqueror by William Earl of Moreton; and it is mentioned in Doomsday Survey under the name of Liscarret, and is described as an ordinary town in Cornwall. Afterwards it belonged to Richard, brother to Henry III. by whom it was made a free borough in an advanced period of that monarch's reign. By this charter, which is dated June 5, 1240, about ten years after that which had been bestowed on the burgesses of Launceston, he granted to the inhabitants all those privileges, liberties, free customs, and immunities, which he had previously conferred on the primary objects of his favour. In 1275, Edmund the son of Richard granted to them the fee of the borough, together with all profits arising from the markets, fairs, and tolls, on condition of their paying annually the sum of £18. This rent, which still continues to be paid, was granted by William III. to Lord Somers. From this family the right was transferred to Lord Eliot, whose ancestor acquired it by purchase.

At what particular period this ancient borough was incorporated, is not at present known, the original charter having disappeared. In the days of Elizabeth it was however, re-incorporated in the year 1580; and it appeared from some old records, when some important questions relative to the interests of the borough were agitated in 1803, that there had been a mayor so early as the days of Richard II. By the charter of Elizabeth, the ancient rights of the mayor and burgesses were confirmed; and by this it was also provided, that the corporation should consist of nine burgesses, who should be considered as the common councilmen of the borough. From these one was annually to be chosen mayor, who should have power to appoint a steward and recorder; and it furthermore ordered, that the mayor and recorder should be justices of the peace within the jurisdiction of the borough. From the time of Edward I. Liskeard has sent members to parliament. The right of election is vested in the freemen and corporation; and the number of electors amounts to about forty-five.

But although it is generally understood that this town derives its privileges from the charter of Elizabeth, it is a singular fact that none of its clauses are now deemed valid, except those that have been incorporated in another charter granted by James I. It appears, that in the reign of Charles II. the corporation was served with a quo warranto, in consequence of which the charter granted by Elizabeth was surrendered up by the mayor, recorder, capital and inferior burgesses, with the consent of the inhabitants, and under the town seal. From this From this period until the

MYSTERIOUS LOSS OF THE CHARTER OF THE BOROUGH OF LISKEARD.

accession of James I. this borough appears to have remained without any charter, unless the surrender be deemed invalid because it was not enrolled; on which ground an opposing party in a subsequent period presumed to stand. James however, having granted a new charter, enrolled the surrender of that of Elizabeth; and nominating the Earl of Bath as recorder, gave such offence to many, that a party soon afterwards arose in favour of that which had been surrendered, and even proceeded to elect a mayor under its cancelled authority. On the same day another mayor was elected under the charter of James. The event was, that both parties prosecuted their claims with so much vigour, as to bring the affair to a legal issue at the Launceston assizes. The verdict here obtained, was decidedly in favour of the new charter; that of Elizabeth being declared null and void, in consequence of its full surrender and actual enrolment. It is reported, that in more modern times these charters are less hostile to each other than they were formerly. The mayor, recorder, and capital and inferior burgesses, are generally understood to be elected under the charter of Elizabeth, under which they also exercise several judicial rights. This charter has long since obtained the humorous title of The Grey Mare. But as the charter of Elizabeth gave them no authority for holding two sessions of the peace annually, and this authority is included in that of James, they avail themselves of this also, and under its auspices several acts of the corporation are performed.

The advantages of having two charters must be great, so long as domestic peace can be preserved among those who are interested in keeping their powers alive; but should any period arrive in future, in which the inhabitants should be involved in domestic broils, this circumstance may lay the foundation of another appeal to law, and the decision may produce a new revolution in the borough. It is rarely that the inhabitants of these privileged places continue long in a state of social harmony. The seeds of discord appear to be incorporated in the soil on which most borough towns stand. It is worthy of remark, that the charters of this borough have lately disappeared, through some cause which seems to have escaped every eye but that of suspicion. But it is the province of the historian to state facts, without attempting on all occasions to develop motives,

SECTION IV,
Truro.

This ancient and celebrated town has been occasionally denominated in the old records, Tre-ve-ru, Tre-urea, Treru, Tre-uro, Truru-burgh, and Truro. In the Doomsday Survey it is called Treurgeu, and is said at that time to be held by the 4 Y

VOL. I.

BY AN ANCIENT CHARTER THE MAYOR OF TRURO WAS ALSO MAYOR OF FALMOUTH.

Earl of Moreton. This town was afterwards in the possession of Richard de Lucy, from whom it passed to Reginald Fitzroy, who was created Earl of Cornwall by king Stephen. Reginald by this charter granted to his free burgesses of Triuereu, that they should have all such free customs as were used in cities, and as they enjoyed in the time of De Lucy. He also granted to them an exemption from prosecution in hundred and county courts, and from all law proceedings that might call them from the town. That in all fairs and markets throughout Cornwall, they should be discharged from the payment of tolls in every thing they either bought or sold; and that for goods which they trusted, they should be permitted to distrain their debtors whenever they found them within the liberties of their town. This charter was confirmed by another in the reign of Henry II. and both were ratified and augmented with additional privileges by Edward I. in the 13th year of his reign. To this charter Edmund Earl of Cornwall was witness; by virtue of which, among other marks of favour, the inhabitants were permitted to send two members to parliament; but under what particular restrictions are now uncertain, as the original charters are all lost.

It appears from Dr. Brady, that Richard actually resided at the castle of Truro, as he is styled in an instrument of Henry II. Richard de Lucy de Trivereu. It also appears from the immunity which granted them an exemption from toll throughout the county, that Richard must have exercised, not merely the authority of lord of a castle, town, or borough, but must have been invested with that of Earl of Cornwall. From the loss of these charters it is also uncertain at what period the town was incorporated. Probably it was very early. Some have supposed that it was about the year 1140, as in this year Lucy resigned his possessions to Reginald. But in all these charters, no mention is made of the jurisdiction which the town of Truro extended over Falmouth Harbour. This is said to have been granted by king John, and is thus recorded in the herald's visitation in 1620:-" We find that the mayor of Truro hath always been, and still is, mayor of Falmouth, as by an ancient grant now in the custody of the mayor and burgesses doth appear." As Falmouth must have been equally destitute of power and existence, when this right of jurisdiction was granted, it is easy to conceive why Truro might be invested with this general dominion. On the margins of the harbour Tregony must have been its principal rival town; but whether the grant of jurisdiction was primarily given to the latter, and from thence transferred to the former, is doubtful.

But whenever these grants were conferred, they are now wholly set aside by the successful efforts of the inhabitants of Falmouth. The mayor and corporation, so late as the year 1709, proceeded to establish their claim of independence by perambulating the town, and by including within its bounds all the country as