* The immediate superintendence of the precincts appears formerly to have been the business of the Deputy ; but whatever was the practice upon this portion of the right of election, considerable incongruity now prevails, which it might be well to remedy, in the nomination of representatives by the precincts to the Wardmote. Some precincts do not nominate any ; and others nominate any number. The division of the City into Wards for Municipal purposes, and the ecclesiastical division into Parishes, are totally disconnected both in purpose and principle, nor are the boundaries the same. — Each Ward consists of several parishes and parts of parishes ; hence the Ward precincts are oftentimes in two or more parishes, and the parishes in two or more Wards ; yet we find parish officers calling Meetings of Ward precincts not within the boundary of their parish, and such precinct meeting voting parish money, over which it cannot possibly have any legal control, for the expenses of the nomination.] Ed.

The method and rule of proceeding upon all elections, polls ... Mildmay, William, Sir, 1705-1771. pg 60

Since the statute of the late King for regulating the elections of Aldermen and Common-Councilmen makes no particular mention of the right of voting in the choice of constables, lamp-collectors or scavengers beadles and inquest men, we must refer back to the ancient usage and bye-laws of the City, which have preserved the choice amongst the householders in general, without respect to their being freemen, but nevertheless these officers are to be chosen at the annual Ward- motes held on St. Thomas's day, or at any other Wardmote that may be occasionally be summoned to supply such vacancies as may happen within the year, by death or removal. The method and rule of proceeding upon all elections, polls ... Mildmay, William, Sir, 1705-1771. pg 198

SUMMARY

"As we know from Manchester Corporation v Manchester Palace of Varieties, the mere non-use of a court does not negate its powers, and it’s fairly clear from the legislation that the powers of the wardmote court were not explicitly repealed. "

Jacob Gifford Head, Thomas More Chambers

• The Ward of Portsoken has its origins in a grant by the King to the Cnightengild by various Royal Charters. Thus the ward and its precincts and officers are in origin of Royal creation.

1. Alderman Baddeley, Lord Mayor7, writing in 1921, stated that the Precinct Motes were never abolished.

The City of London Police Act did not abolish the Precincts or the Precinct Motes, on the contrary, it explicitly legislates for their continuance in paragraph 94.

2. The Precinct Motes were discussed extensively at Court of Common Council, March 4th 1908, where a report by the Special Committee upon the City of London (Union of Parishes) Act was discussed.

3. Precinct Motes are documented as being held in neighbouring Bishopsgate Ward as recently as 1920.

4. In 1911 a Special Committee of Common Council was discharged to deal with the request of the Ward of Farringdon Without for disbursement of an annual sum to pay for Precinct Mote expenses. The Court of Common Council stated it had no objection to the Ward holding the Precinct Meetings, but would not give an additional disbursement of funds over and above that allotted for Wardmote expenses for the ward in general.

5. The precept of an alderman or common councilman or City official or any City authority is not required to summon a Precinct Meeting.

6. The Precinct Mote is, however, as part of the City's constitution, and is clearly under the jurisdiction of the Court of Aldermen, as the Court of Aldermen has in the past made rulings governing Precinct Motes.

7. There are apparently no Acts of Common Council regulating the conduct of Precinct Meetings, only ancient legislation and charters; they are customary, and of common law origin, governed by legal precedent; there are, however, rulings of the Court of Aldermen regulating aspects (such as the right to fine people), and there are several Acts of Common Council that refer to them..

8. As a type of court leet, a precinct has a common law power to appoint its own officers. The Precinct Meeting is the tything court of the hundred (Wardmote), and its Chairman is the Borsholder (or headborough or tythingman). Parish Officer's Complete Guide, by John Paul, Barrister-at-law.

Post of Headborough:

Headboroughs were elected by some City precincts, e.g. .Dukes Place Precinct, Holy Trinity Minories Precinct.(Part of Tower Hill Precinct of Portsoken Ward)

They were explicitly not abolished in the City of London by 5 and 6 Victoria c 109

A headborough takes office on election, and does not need to be sworn, see King v Corfe Mullen 1 Barn. & Adol. 211, where it was held that a man gained a settlement as a tithing-man (i.e. headborough, borsholder, etc), although he was not sworn in.

The Covent Garden Precinct¹ Meeting

Portsoken

City of London.

HISTORICAL BACKGROUND:

The ancient Saxon Kings frequently granted to Boroughs, Gilds religious, military and mercantile; when a Borough was gildated with Gilda mercatoria, the Head or Chief of the Gild or Brotherhood was generally stiled in the Charter Alderman, and was of the Nature of a Soke or Manor, and the Alderman as Lord thereof. The ancient Knighten-Gild in London, founded by King Edgar's Charter, was also called a Soke from the Franchises Liberties and Privileges granted in the Charter, and its Situation being at Aldgate it was called Port-Soken, and in time became one of the Wards of the City, and the Alderman of that Knighten-Gild, one of the Aldermen of the City, by the Title of Alderman of Port-Soken Ward. Edgar's Charter to this Knighten-Gild was confirmed by Edward the Confessor, William I. and William II. by Henry I. and Henry II. - Thornhagh Gurdon, The History of the High Court of Parliament, 1731

History of the Original Constitution of Parliaments, T.H.B. Oldfield, 1797:-

"The ancient mode of dividing great cities was by wards, each of which was governed by an alderman, an officer of great authority among the Anglo-Saxons, having all the powers of our modern justices of the peace; and what is of more importance, he was always elected by the house-holders of the ward over which he presided.

This ancient mode of division by no means interfered with the lesser divisions of hundreds and tythings; so far from it, the the government of the wards is not complete without them. The Lord Mayor's [original] precept to the aldermen, to this day, to hold courts of frankpledge (The Wardmote Court), prove they were not without the regular divisions of tythings to give them effect."

The Precinct Meeting of the City of London as a common law variant of a Parish Meeting as constituted by statute elsewhere in England.

By Evan Millner, London, 2017

Regarding the Precinct Meeting for inhabitants of Covent Garden Precinct, (for the area of Portsoken north of St Botolph Street, which comprises the Ward Precinct² of 'Covent Garden'³ in the Ward of Portsoken in the City of London).

Portsoken Ward is somewhat unusual among the City's wards, as it has its origins in a Royal Charter granted to the Cnightengild, and so the soke and its tithing courts (the precincts) and its officers ultimately derive their existence from the Royal Charters, and not as purely common law creations.

FUNCTION

Mr Deputy Morton summarised the function of the Precinct Meeting in a speech given at Common Council: “The inhabitants⁴ held those Precinct meetings... in order that they might... discuss local affairs⁵ and make representation to the Common Council or Wardmote.” This is equivalent to what the medieval writers referred to as a 'parlimentum ville'.

Precinct Meetings appear to have most recently convened in neighbouring City wards as recently as 1920.⁶ Alderman Baddeley, Lord Mayor⁷, writing in 1921, states that the Precinct Meetings were never abolished.

The Covent Garden Precinct is equivalent to a tything, township or vill at common law; in practical effect very similar in most respects to a Parish Meeting as currently defined by statute, but with some additional common law powers:

William Blackstone equates the word 'town' with 'tything', which is the smallest civil division in England; a Precinct in the City of London is such a tything. “Tythings, towns or vills are of the same signification in law” ⁸(1 Bl. Com. 114).

Thus, the Precinct Mote or Meeting appears to be, by this definition, a common law Town Meeting⁹.

BACKGROUND

Farringdon Ward Club resolved in 1908, “That the Club is of the opinion that the continuance of the precinct meetings in the ward is desirable, and in the interest of the citizens, and they desire that the members of the ward, on the Court of Common Council, shall take steps to secure their continuance¹⁰ as formerly” - This resolution was carried unanimously.¹¹

The City of London (Union of Parishes) Act 1907 specifically excluded the wards and Wardmotes.¹² “and other officers in the said wards.” This exclusion applies to the Ward Precinct Meetings.

In 1911 a Special Committee of Common Council was discharged to deal with the request of the Ward of Farringdon Without for disbursement of an annual sum to pay for Precinct Meeting expenses. The Court of Common Council stated it had no objection to the Ward holding the Precinct Meetings, but would not give an additional disbursement of funds over and above that allotted for Wardmote expenses for the ward in general.¹³

The Precinct Meetings are referred to in 1854 in “The Local Government of the Metropolis”, 1836, page 18. “In several of the wards there are Precincts which form a sort of sub committee”.

The Precincts are the ancient Saxon common law subdivisions of each ward¹⁴;they are the equivalent of a town meeting¹⁵, rather than a parish council.¹⁶ The Precinct Meetings kept their own records in a precinct book supplied by Guildhall. The Precinct is none other than the ancient Saxon tything court¹⁷, a type similar, but not identical, to a court leet, called in the City of London a precinct-mote. ¹⁸

FUNCTIONS OF THE PRECINCT MEETING

The Precinct Meeting is a type¹⁹ of customary²⁰ sub-wardmote, connected to, but independent of the Wardmote Court; the common law powers of a vill²¹, and by extension, the Wardmote Court, as City Custom, would appear apply to it, as it meets without precept of the Lord Mayor; the Precinct Court Meeting would therefore be in the manner of a general town council for the Precinct.²²

Similar to the Wardmote itself, some large Precinct Meetings²³ had their own Precinct Inquest which would mirror the Wardmote Inquest in its function of looking into nuisances, and held regular meetings, the Precinct Meeting operating as a separate type of sui generis 'court leet', independent of the wardmote court, which is a type of sui generis hundred court.

NOMINATION COMMITTEE FUNCTION (in abeyance)

The published records of the precinct meetings in the local press are extensive. At the annual precinct meetings the doings of the various officers of the last year were gone into, and a new roll of officers was drawn up. The Precinct Meetings used to elect their own officials, and also nominate ward officers to the Wardmote. Due to the City of London Police Act, (See Appendix I) Precinct Meetings may theoretically still nominate constables for election, but the Wardmote cannot elect them so long as the Act remains in force.²⁴

There would be nothing to prevent a Precinct serving as a type of informal sponsoring committee for a candidate or candidates for Common Councilman nowadays, so long as the current nomination process promoted by the various Acts of Common Council treating of this is strictly adhered to.

MANNER OF SUMMONING

It must be noted that the precept of an alderman or common councilman or City official or any City authority is not required to summon a Precinct Meeting. ²⁵ The Precinct Meeting is, however, as part of the City's constitution, and appears to be under the jurisdiction of the Court of Aldermen. The inhabitants, in accordance with the ancient Saxon custom for the tything court, or modern Parish Meeting, can requisition it, and organise²⁶ it themselves organically.²⁷

A Mr Lawrence, at the Wardmote of Bread Street Ward in 1838, noted, correctly, that “they were not called together by the Lord Mayor”.

Summoning was by way of handbills,²⁸ or notices in the local press, or 'by bell²⁹ and by beadle'.

WHO SUMMONED THE PRECINCT?

As a Common Law Meeting, residents can requisition a Precinct Meeting, provided it is advertised to the entire precinct. The Precinct can also be summoned by the Headborough or Chairman/ President. There are apparently no Acts of Common Council regulating the conduct of Precinct Meetings, only ancient legislation and charters³⁰; they are customary, and of common law origin³¹, governed by legal precedent.³²

In Farringdon-Without, the Precinct Court was summoned by its own Precinct Beadle, who was voted in by resolution of the inhabitants in Precinct assembled. This equates with the Beadle previously found in Parish Vestries.³³ In other wards, it was summoned by the 'Ancients' – residents who had formerly held Ward or Precinct office.

What is this beadle? The summoning officer of the ancient hundred or Leet Court, and thence of the Ward mote. His office was formerly of some authority, and the district of his citation received the name of Bedelary, as Bailiwick denoted the jurisdiction of the Bailiff. He yet however summons, opens and adjourns the Mote, makes proclamation in Franco- Norman, and bears the ancient insignia of his powers in his mace of arms. (Mildmay, page 108)

Some precincts were summoned by the ward beadle, but more usually by their own precinct clerks³⁴. St Botolphs Without Bishopsgate was summoned by the Churchwarden.

It can be perhaps understood that the issuing of the Wardmote precept possibly implies the precept for the Precinct meeting, as it is never stated specifically in any Wardmote precept. The Precinct however, remains independent of the Wardmote; it is referred to in Acts of Common Council, and Acts of Parliament, but is not created by them, as it is a creature of the common law. Abolition of the Precinct Meetings would probably require an Act of Parliament. The Precinct Meeting appears to stand in the same relation to a Wardmote as a Parish Meeting to a District Council. No ancient courts were abolished by the Administration of Justice Act 1977, although specified types of ancient courts had their criminal jurisdiction removed.

The customary date for convening the 'grand' ward precinct meeting was St Thomas' Day, or the day after, if it fell on a Sunday.³⁵ However, judging from the published records, the precincts convened and met in the days preceding this, and in some wards, as noted elsewhere in this paper, they met throughout the year.³⁶

FREQUENCY OF MEETING

The Precinct Meetings would convene and adjourn as often as required – in the larger wards, where the Precinct Meetings discussed general ward business, the meetings were regularly held throughout the year.³⁷

Causton notes that the ward Precinct Meetings would gather several times prior to the date of the Wardmote. ³⁸These precinct meetings were organised organically by the residents.³⁹ The Precinct Book of St Christopher le Stocks notes that all inhabitants ...shall be summoned to the Precinct assemblies.

An Act of Common Council, Oct. 8th 1617, refers to every precinct “according to the ancient order” convening to appoint inquest men.⁴⁰ All residents of the ward aged over 15 years have a common law customary right to attend and address the Ward Precinct meeting.

Precinct meetings have always been open to all inhabitants of the precinct; formerly, the Wardmote attendance was restricted to electors on the ward list (and it is still, I believe, the case that only electors of the ward can speak or vote on resolutions at Wardmote).⁴¹

ORGANISATIONAL STRUCTURE OF THE PRECINCT

There was no unified expression⁴² of how the various Precinct Meetings were organised. The organisational principle of these meetings or motes varied, even within the same ward.⁴³ The meeting would adjourn and reconvene as often as necessary.⁴⁴

OFFICERS - PRECINCT CLERK

In almost every Precinct, a Precinct Clerk was elected. This position was similar in terms of function to a Vestry Clerk⁴⁵. Until 1908, when the Vestries were unified, the City's Parish Clerks often doubled up as Precinct Clerks; Parish Clerk was a paid position.⁴⁶

A Precinct has a common law power to appoint its own officers.⁴⁷ In Farringdon Within, each Precinct had its own Precinct Clerk⁴⁸, and four had their own Precinct Beadles⁴⁹. (This is apart from the Wardmote's Beadle and Ward Clerk). These Precinct Officers were nominated and elected at the Precinct Meetings⁵⁰, and were then reported to the Ward Clerk. The Wardmote did not vote on them.⁵¹

OFFICERS – BEADLE

As noted above, a few precincts elected their own Precinct Beadle, whose role was defined by City custom and by the Precinct Meeting – for the purpose of opening and closing said meetings with due ceremony, and for publicising the meeting; this beadle apparently had the same common law powers of other beadles elected at a court leet, even if not sworn in.

OFFICERS - CHAIRMAN

The Precinct meetings would annually elect a chairman or president.⁵² In some precincts, the Churchwarden, as chairman of the Parish Vestry, would also chair the Precinct Meeting. ⁵³

That it is acceptable for any resident to preside, can be seen clearly in the advice given by the Ward Clerk of Farringdon Within, Mr Tringham, in 1827,⁵⁴ when consulted on how to proceed in the absence of the Church Warden, namely, that the meeting should propose and second an inhabitant to take the Chair. Some Precinct Meetings referred to their chairman as 'President'.

The Precinct Meeting is the tything court of the hundred (Wardmote), and its Chairman or President is the Borsholder.

Parish Officer's Complete Guide, by John Paul, Barrister-at-law.

Some precincts in Portsoken Ward, being part of the former Cnightengild, according to the records, elected Headboroughs. Thus we find Headboroughs in the Dukes Place Precinct, later renamed as Aldgate South Precinct. We also find a Headborough in Holy Trinity Minories, and in the Parish of St Botolphs Without Aldgate. The Headborough is an officer known to law, as the chief officer of a tything . The Chairman of a precinct is a bosholder, tythingman or headborough, even if styled 'chairman' or 'president'

OFFICERS – CONSTABLE⁵⁵

This office is currently in abeyance, due to the City of London Police Act. Constables in England were chosen in Leets (Parish Officer's Complete Guide pg 93).

The wardmote courts are a type of sui generis court leet, and the City of London Police Act is clear that these courts still exist, de minimis as administrative courts, although the election per se is in abeyance.

The Precinct would nominate and elect a constable at the Precinct Meeting. (Tomlin's Law Dictionary, 1838 " In London there is a constable to each precinct in every ward, nominated by the inhabitants of the precinct; and each constable may execute warrants throughout the whole city. ")

This which election would be confirmed or otherwise at the annual wardmote. The City of London Police Act put the election into abeyance, but expressly did not interfere with the precinct meeting itself. Precinct meetings continued to he held in the City following the passing of this Act.

OFFICERS – PRECINCT COURT INQUEST

A number of precincts in addition elected their own Precinct Inquest to make presentments to the Wardmote Court about common law nuisance and other issues that would fall within the remit of a tything court, functioning as an independent sui generis type of court leet.

POWER TO MULCT

The ancient power to mulct (fine) the inhabitants for non-attendance when summoned does not appear to have been rescinded by the Court of Aldermen. However, the fine appears to be a few pence.

Until the early 1820's Precinct Meetings fined inhabitants substantial sums for refusing to take up elected office. At a judicial hearing of the Court of Aldermen in 1829, (London Gazette, Law Reports, 1829) it was ruled that these fines should not be levied. However, we find in Aldgate in 1834, (The Guardian, Jan 29^th, 1834) that the practice was still being observed by Precinct Meetings in that ward.

QUORUM

The Covent Garden Precinct Meeting will to use Corporation of London Standing Orders, which largely conform to common law in this matter, and therefore the quorum will be three.

There is a reference in Parliamentary Committee minutes to “precinct meetings, which are rarely attended by more than from 6 to 12, and very often by not more than 2 or 3”⁵⁶

RESOLUTIONS AND DISCUSSION

The Precinct Meetings of the City of London were not only nominating committees, but in many wards, as noted above, they dealt with other business, operating as local councils for their area.

The Precinct Meeting may pass resolutions and make bye-laws. In former times, when they gathered rates and performed various sundry administrative duties (e.g. regulating the night watch, street lighting, cleaning etc), many resolutions were passed regarding these matters. Even after these duties fell away, due to their being taken over by the Common Council, the Precinct Meetings still met and discussed a great many ward and City matters – petitioning the Common Council via the Ward Clerk – as the Common Council was now carrying out these activities on behalf of the Precincts and Wards.

Just as the Wardmote may make bye-laws, and may pass resolutions for consideration by the Grand Court of Wardmote, and thus Common Council, so too may the Precinct Meetings. Many examples can be given:

Precinct Meeting of All Hallows, reported in The Morning Chronicle, December 18^th, 1856; “That a copy of the preceding resolution be sent down to the Ward Clerk, and that the Members of the Court of Common Council be requested to support the same at the ensuing Wardmote"

Here is one drawn from the minutes of Court of Common Council, dated December 4^th 1794 – despite its age, of interest because it shows the resolution having been actioned:-

“A Memorial from the inhabitants of Bridewell Precinct, respecting the dangerous pavement in Bridge Street, was referred to committee, to give directions for repairing it forthwith, without prejudging the question in whose province it was to do it.”

PROCEDURE FOR RESOLUTIONS

The usual procedure was for Precinct Court resolutions to be conveyed to the Ward Clerk⁵⁷, and then passed on for actioning. This is the same procedure as followed nowadays viz. Wardmote resolutions, which are passed by the Ward Clerk to the Court of Aldermen, acting in its capacity as Grand Court of Wardmote. The resolutions are then either dealt with at that Court, or passed on to Common Council Committees, or dealt with as an agenda item at Common Council. It is not clear what recourse the Precinct Meeting would have if the Common Council decided to ignore it. The same structural problem affects Parish Meetings.

COMPARISON OF POWERS TO A PARISH MEETING'S

What is the Legal Status of the Precinct Meeting compared to a Parish Meeting?

POWER TO ENTER INTO CONTRACTS

A vill could make a contract and go to court to enforce its terms. See Vill of Gravely, Cambridgeshire v 'A Mason' (F.W. Maitland, Select Pleas in Manorial Courts (Selden Society 1888), pg 150. 1275. see also Vill of Ripton Regis, Hunts v 'A Mason' (Br. Mus. Add. Ch. 39597, m.21.1294)

The Precinct is a vill. Thus, it is apparently similar in status in this respect to a Parish Meeting where there is no Parish Council.

LAND

Unlike a Parish Meeting, it appears to have powers of acquisition of land, as a vill or tything, can enter into contracts. (for Parishes in the City of London, the custom is that acquisition of land was allowed, unlike elsewhere in England. (Cullen, Parish Officers' Guide,1828)

TRUSTEES

The Chairman of the Parish Meeting and the Proper Officer of the District Council, as, per statute, the trustees of a Parish Meeting.

The Precinct Meeting is apparently governed in this respect by the older Common Law.

The 'Provost and Four' were anciently the legal representatives of a tything.

It may be the headborough alone, if the committee of watch and ward has not been elected.

LEGAL PERSONALITY

The Precinct Meeting, as it is a vill or tything, can mount legal claims in its own name, having the same common law powers as a Parish Meeting.

As a vill, the Precinct Mote can sue and be sued. (Curia Regis Rolls I (1922),3. Havering, Co. Essex. 1199 See also Close Rolls Henry III (1255) "It is in accordance with the law and customs of the realm for vills and communities of vills (villate et communitates villarum) by three of four men to take their pleas to the King's Courts."(c.f. Close Rolls of Henry III 1254-1256, pg 173.

A vill can sue another vill (Curia Regis Rolls, 6, (1932):390-391

In other words, the Precinct, as a tything jurisdiction or vill has the same legal powers as a Civil Parish Meeting.

See Lasham Parish Meeting v Hampshire CountyCouncil (1992) where the parish meeting applied to the High Court to quash an order of the county council which had classified a footpath as a byway open to all traffic.

LICENSING ACT – to be determined

Does Part 3 of the Licensing Act 2003 (s.13(3) LA 2003) apply to the Precinct Meeting?

Who represents the Vill as a legal body in cases brought before the Court of Wardmote, Court of Aldermen, Lord Mayor's Court and the King's Courts ? - To be determined

The "Provost/Reeve/Headborough plus four". i.e. in our case the Precinct's Committee of Watch and Ward, which is composed of four plus the Headborough.

See Select Cases of Procedure Without Writ, pp 42-56 F.M. Powicke, Henry III and the Lord Edward (oxford 1947), pp 509-510

LOCAL AUTHORITY STATUS- To be determined.

Is the the Precinct Meeting a local government body viz. Freedom of Information Act 2000? Or a judicial body (albeit without active judicial functions).

STATUS AS A NON-ADMINISTRATIVE COURT – To be determined

(for purposes other than local administration and appointment of traditional officers)

It is unclear whether the Administration of Justice Act 1977, abolishing certain judicial functions of ancient courts, applies to the Court of Precinct Mote.

Administrative functions were not abolished for specified ancient courts, only criminal jurisdiction.

CONSULTATION – To be determined

Has the Precinct Meeting similar rights to a Parish Meeting, viz. Consultation? It needs to notify the Corporation of London in its capacity as a planning authority that it wishes to be consulted. This assumes that the Precinct is, as a matter of interpretation of the relevant SI, a Parish.

The Development Management Procedure Order sets out a legal requirement for local planning authorities to notify parish councils of the decision on planning applications within the parish council area, where the parish council have requested that they do so. Both requirements are set out in article 25 of the Development Management Procedure Order.

THE PORTSOKEN WARD PRECINCTS

The Precincts for Portsoken Ward are:

1. Covent Garden Precinct, (everything North of St Botolph's Street - Modern Middlesex Street Estate is located here)

2. The Barrs Precinct, (The small cluster of buildings south of Aldgate High street, up to Little Somerset Street, i.e. the edge of the Guinness Estate, comprises this precinct)

3. High Street Precinct, (The Central traffic island containing the church, tube station, etc is located here)

4. Houngsditch Precinct, (John Cass School is all that remains of this precinct)

5. Tower Hill Precinct. (Mansell Street Estate etc is located here)

APPENDIX I

SUMMONS

of Precinct Meeting by Precinct Beadle or Precinct Clerk. Draft Agenda posted outside St Botolph's Without Aldgate. Handbill to all inhabitants.

↓

RESOLUTIONS:

If requested by the Precinct Meeting, will be passed down to the Ward Clerk.

↓

Headborough sends text of resolution to Ward Clerk.

↓

Ward Clerk passes the resolution on to the appropriate committee or officer at Guildhall.

↓

Guildhall reports back to the Headborough or Precinct Clerk. Further information may be requested. The Headborough reports back to the Precinct Meeting.

In 2017 it was agreed by the Town Clerk that the Covent Garden Precinct Meeting could communicate directly to the relevant officers, without going through the intermediary of the Ward Clerk.

APPENDIX II

A Precinct Meeting is a representative meeting that can be requisitioned by electors; as such it is a customary neighbourhood administrative meeting, with residual functions, of the City of London.⁵⁸

This is also clear from practice, as Precinct Meetings are documented as having continued to meet until 1920.

That ward Precinct Meetings still have a power to convene, is implied in the City of London Police Act. Paragraph 94 makes clear that the ancient right to elect ward constables is suspended ⁵⁹– and that “the interruption in the exercise of such right or custom shall not be deemed in law to be a waiver or discontinuance of any such right or custom….and such suspension in respect of the election of constables shall not affect any other right, custom or usage of the court of Wardmote, or the election of any other ward officers, but the same shall remain and be enjoyed in as full and ample a manner, to all intents and purposes, as if the said election of constables had continued without such suspension.”

Constables were nominated at the Precinct Meeting meetings⁶⁰: Their election may well be in abeyance, but the Precinct Meeting that nominated them, and other ward officers, cannot have been suspended, as is clear from the wording of the Act.

The Precinct Meeting is a 'right, custom or usage' of the court of Wardmote, and is implicit in the Wardmote precept. No separate precept needs to be issued to convene the precinct meetings.

Wardmotes and other ward meetings⁶¹ are referred to explicitly in s. 85 of the Act.

APPENDIX III

THE METROPOLIS AND ITS MUNICIPAL ADMINISTRATION Toulmin Smith, 1852, pg 42

The City of London has been divided, from the oldest times, into many Wards. These were originally equal, or nearly so, in the number of their inhabitants. They corresponded, in reference to the City, to the hundreds in reference to a shire. Even the wards were again, however, for the same wise and all-important ends, divided into Precincts; corresponding, again, to the tythings of hundreds.⁶²

Thus were the full rights and functions of freemen secured, actively, to every single inhabitant within the city. ⁶³ In the precincts they gathered in small groups, where every man was personally known to every other man. The opinions, the wants, the wrongs, the suggestions, of every single man, were there freely stated. The multitude was not insulted by being called to a " Public Meeting," where two or three got on to a platform, and propounded " Resolutions," cut and dried beforehand, which could not really be discussed.

At these small meetings they settled and disposed of minor matters, and determined what to bring before the Wardmotes, where larger numbers met. Having thus determined, upon their own intimate knowledge, time was not idly wasted at the Wardmotes.

The matters that were brought before the latter had been already minutely investigated ; and the main points of them, having been thus got at, could be easily put before the Wardmote for its consideration. By far the greater part of these matters were determined, done, and disposed of at the Wardmote. Some, having been discussed in Wardmote, were found to have a still wider range. These were reserved to be submitted to the full Folkmote of all the inhabitants. They were of such general and grave importance as to require the sanction of all.

This is local self-government in its reality. And it is no fancy picture. It is what did practically prevail in the City of London, and elsewhere through broad England, for many centuries. And to its having thus prevailed, is entirely owing the independence of the English character, its spirit of enterprise, and its maintenance of its liberties.

APPENDIX IV

As has been seen, the Precinct Meeting is closely related to the Wardmote court; the relationship is that of the ancient Saxon Tything Court to the Hundred Court.

This is why resolutions of the Precinct Meeting are passed down to the Ward Clerk, and in turn, passed to the Great Court of Wardmote, as this ancient relationship between the two courts was preserved.

The Chronicle of England; Or, a Complete History Volume 2,1779, pg 175

In order to preserve peace and unity amongst masters of families themselves, ten families were formed into a society called a Tything, Freeburgh or Decennary, over which a magistrate presided called Borsholder or Tything-man. ( Sometimes he was called Alderman of Bonh, a Surety, and Alpen, a Head or the Tything, but his most common namewas Borsholder, from the Saxon words)

SOME ANCIENT HISTORY, explaining the ancient relationship of the Precinct to the Ward:

No freeman whatever could claim the protection of the law, unless he were a member of the Tything in which himself and his family resided ; but, on the contrary, such a man was looked upon as an alien and vagabond. A good character was the absolute requisite that each man should possess at his admittance as member of the Tything, for each member was pledge for his fellow, and the whole community were sureties to the king for the good behaviour of all its members: this made them very cautious not to admit suspected persons into their societies. These Tythings formed within themselves a little commonwealth, and they chose for their Borsholder or Chief, one of the most respectable of the members, and who was most esteemed for his wisdom and experience. The Borsholder had authority to call all the members together, who, being assembled, constituted a court of justice, in which the Borsholder presided, to see the sentence of the court put into execution. In this assembly all little disputes, and matters of private controversy amongst themselves, were decided; but, in critical affairs, where the parties were not willing to abide by the sentence of this court, the cause was referred to the next superior court. In these assemblies, the arms belonging to the members of the Tything were frequently produced and examined; new members were admitted, and. testimonials given to such as were obliged to remove from this Tything to another; because, as every Tything was answerable for the conduct of its members to the public, none could be esteemed a member of a Tything where he did not reside, as he could not be under the · inspection of those who were answerable for his good behaviour.

When any member of a Tything committed any crime, and made his escape, the Tything where he resided was allowed thirty-one days to pursue him; but if, at the end of that time, the criminal could not be produced, the Borshold, and two more of the most respectable members of that body, with the Borsholder, and two more members from three neighbouring Tythings, making in all twelve responsible men, were to take oath before a superior magistrate, that it was not the fault of the Tything to which the criminal belonged that he had escaped, nor had any one of its members connived at his escape, but that they had all used their utmost endeavours to bring him to justice : but if the evidence of their innocence was not perfectly clear, the Tything was obliged to pay the mulct proscribed by the law for the offence that had been committed.

However, in after times, this law was made easier; for the oath of all the members of the Tything only, to which the offender had belonged, was received as a sufficient exculpation ; but at the same time, they were obliged also to swear that they would give him up to justice as soon as he could be apprehended by them *. A great union generally subsisted amongst all the members of a Tything, who were strongly attached to each others interests, and frequently united by the ties of consanguinity; they commonly fought together in one band, and often eat together in time of peace; each revenged the injury done to his fellow member as if it was done to himself; they each contributed to repair the loss which any member might have sustained by fire, or by any other dreadful calamity; if any one became poor, he was supported by the rest of the community ; all the members attended the funerals, marriages, and festivals of the neighbourship; if any quarrel happened at the common festivals of the society, a severe fine was exacted of the aggressor; and, lastly, if any one of the members forfeited his privileges by his bad conduct, he was solemnly expelled from the community, which was a lasting disgrace, and total loss of his character, for, from that moment, he was considered as an outlaw and a vagabond, and treated with universal contempt. All the members of each Tything were also members of the Hundred Court, and obliged to attend its meetings under pain of a severe fine. This Court met once a month, and the magistrate who presided in it was called the Hundredary.(Alderman).

Borsholders can still be elected in the City of London

By 5 and 6 Victoria c 109, no petty constable, head-borough, borsholder, tithing man, or peace officer of the like description, shall be appointed for any parish, township, or vill, within the limits of that act at any court leet or tourn, except for the performance of duties unconnected with the preservation of the peace and with the execution of that act. This act does not apply in the City of London.

APPENDIX V - PRECINCT MAP (see Gallery section of this website)

APPENDIX VI

Towns may elect councilmen (although this does not appear to form a requirement of the definition of a town or vill); the precincts of the City of London originally each sent a single representative to Common Council; however, this institution of electing councilmen is of much more recent origin than the precincts themselves. The election of councilman was confirmed at the Wardmote.

This right was weakened to nomination, and then finally removed by the Court of Common Council in 1920. (London is subdivided into 236 Precincts, each precinct originally sent a representative to the common council.)

London, as a County unto itself, is described in the legal authorities as being divided into wards and precincts, these corresponding with shires and towns in counties elsewhere.

The Precincts of the City of London in each Ward are enumerated in detail in “A Short Account of the Various Wards, Precincts, Parishes, etc., in London”, by John Smart, 1742.

In addition to the above, it is an established principle of English constitutional law that where there is a constable, there is a town. (Rex v Sir Watts Horton, 1Term.Rep. 376, S.C. per Buller, J ) ( R v The Inhabitants of East Church, May 8, 1830)

“One criterion of what constitutes a vill or town, to which the Courts have paid great attention, is that of a constable, or a tything-man; and the statement in support of this criterion, made by Mr Buller, J, is, “that where there is a constable there is a township; for there may be a constable for a larger district, but not for a smaller, and that the doubt, in many cases, has arisen where there is no constable.” (The Legal Examiner, September 26, 1832, pg. 43)”

In law, this Precinct still retains the theoretical right to nominate a constable for election; and the actual right to elect a headborough, who in the city of London was latterly styled a Chairman or President.

The constable in the City of London is elected by the Precinct Meetings, and said election is confirmed or otherwise at the wardmote (and subsequently by the City Marshall.) The City of London Police Act does not abolish the election of constables, it merely cancels the holding of said elections for the duration the act is in force, while explicitly stating that this has no constitutional affect on city governance and customs.

An additional aspect to consider, is that separate rates were once levied by each precinct of this City for watch and ward. (For example, for our precinct, see https://www.londonlives.org/static/LSDSPOL.jsp)

A precinct still has a right to elect other local municipal officers for the area of its jurisdiction, to elect its own inquest jury to inquire into common law nuisances, to appoint committees, etc. It is clear from various precedents described below, and furthermore each Precinct Meeting does not, and has never required, the precept of the Lord Mayor of London in order to convene and transact its own municipal business.

The office of headborough, the ancient Borsholder of a Tithing, or Tithingman, which is distinct from that of constable, was maintained in the City of London, as 5 and 6 Victoria c 109 excludes the City of London.

Latterly, in the City, records show that the elected leader of each precinct was styled a 'chairman' or 'president', but this appears to never have been a formal designation, and the elected leader of a tything or precinct remains a borsholder or headborough at law, despite being called a 'chairman' or 'president.

To conclude: Given there appears to be a presumption in the DCLG advice in favour of recognition, and given that the City of London Precincts are an ancient common law administrative jurisdiction, being the Saxon tything jurisdiction, and given that they have never been abolished by statute within the City of London; it thus appears that the Precinct Meeting may be considered to be a Town Meeting, and thus fall within, and not outside, of current DCLG guidance for town councils. Even if that is not the case, the Precinct can be recognised within the City as a type of sui generis parish council, unique to the City of London.

APPENDIX VII

COVENT GARDEN PRECINCT

Items of business for the preliminary meeting, to be conducted with the dignity befitting an ancient institution:

Election of Precinct Clerk and a Deputy Clerk

The Covent Garden Precinct will appoint a Precinct Clerk to take minutes. The Ward Clerk and Ward Beadle will not be required to attend.

Election of Precinct Chairman (Headborough)

The Covent Garden Precinct will elect a Headborough to preside at meetings and otherwise represent the inhabitants of the Precinct.

Election of Hon. Beadle

Covent Garden Precinct has followed the model of Farringdon Within, insofar as appointments are concerned, and elected a Precinct Beadle, so that the meetings can be opened and closed with the customary ceremonial.

General Observations:

City Officers

City Officers (Housing Staff, Police, Nightwatchmen) may be invited to attend Precinct meetings. Common Councilmen may be invited to discuss their work in the ward.

Meetings

Meetings will be held when required .

Meetings to be conducted in accord with Corporation of London Standing Orders, and the Wardmote book. In case of conflict, the Wardmote orders will prevail.

Resolutions

Resolutions will be communicated to the Ward Clerk, or other appropriate person or body.

Publishing Resolutions

As can be seen from Appendix II, Precinct Meetings, being public meetings, would publish their resolutions.

Funding

All Precinct Officers elected by the Precinct Meeting will be unpaid. Costs incurred will be kept in accounts, and receipts passed on regularly to the Ward Clerk, in order that reimbursement may be made, should the Corporation agree. It is anticipated that this will for the most part be sundry photocopying.

1 The common use of the term Precinct for an exempted area must not be confused with its use, as we shall hereaftor describe, in the City of London, for a subdivision of a Ward. We know of no other town besides London and Norwich in which the Ward was subdivided. B. Webb, 'English Local Government',1908.

2 See: The Tudor and Stuart Town 1530 - 1688: A Reader in English Urban History

By Jonathan Barry, n. 34 "Its existence is plain in Wardmote inquest books and vestry minute books from the seventeenth century. It is also mentioned in John Mountgomery, "A Booke containing the manner and order of the watch to be used in the City of London' (1585).

3 See Appendix for map.

4 What is an inhabitant? Having lands in the precinct in your proper possession, entitles you to attend the Precinct Meeting. Fitch v Fitch, 2 Espinasse 543, 5 Coke's Reports, pp 66,67. (The Parish, Toulmin Smith, 1857, pg 52.)

5 At a Bishopsgate Precinct Meeting 'Nearly and hour was spent in discussing parish and City matters at the Precinct meeting" -Shoreditch Observer, December 14^th , 1912.

6 Cripplegate, by Sir John James Baddeley, Lord Mayor, 1921, pp 196 to 200, and more extensively in English Local Government, from the Revolution to the Municipal Corporations Act by Webb, Sidney, ; Webb, Beatrice Potter. 1906, page 586 through to page 592

7 See Cripplegate, by Sir John James Baddeley, Lord Mayor, 1921, pp 196 to 200

8 Inquest Jurymen, Newell, pg 75 "The number of jurymen in the different wards are various, and which numbers should be regulated by the number of inhabitants in the ward; the original number could not be more than ten for each hundred or ward, because then ten friborgs, decennaries or tithings constituted a ward or hundred; every friborg, decennary, or tithing had one Juryman elected for each, at the wardmote election."

9 Furthermore, in addition to Blackburn's definition, the interpretation clause in 11 Geo 4

and 1 Will. 4. c.64. s. 32 is instructive: “the words 'parish or place' shall be deemed to include any township, hamlet, tithing, village, extra-parochial place, or any place maintaining its own poor.”

Covent Garden Precinct had its own overseers of the poor, as is clear from the Vestry minutes of St Botolphs without Aldgate, “Mr. Francis Hawes and Mr. William Myers [overseers] for Covent Garden Precinct, etc.”

10 The Precinct Meetings – Under the Act for the constitution of the City as one parish...the abolition is threatened of the Precinct meeting...the parishioners at this precinct meeting used to elect their representatives on the Corporation, and this privilege was only abrogated in 1857,..transferred to the Wardmote..a determined effort is being made...because of the influence of the Precinct exercise in stimulating the spirit of local Patriotism. -Shoreditch Observer, Dec 11 , 1909.

11 Shoreditch Observer, Dec 12th 1908

12 Saving for wards and Wardmotes. Subject to the provisions of the section of this Act whereof the marginal note is “Ward expenses” nothing in this Act shall affect the division of the city of London into wards or the holding of the Wardmote in any of such wards or the appointment of ward clerks beadles and other officers in the said wards.

13 Shoreditch Observer, March 12^th, 1910.

14 London Before the Fire, 1867, by William Miller – states Alfred the Great ...divided the city in precincts and wards.pg 8 This customary division was recognised in legislation, e.g. The City of London Sewers Act 1848 , Section 262. the word “city” includes the City of London and the liberties thereof, and all precincts or places within the city of London or the liberties thereof.”

15 The Constitutional History of England, Stubbs, pg 217.

16 Although the Precinct Meetings returned lists of such persons as they thought best qualified to serve The method and rule of proceeding upon all elections, polls and scrutinies. Sir William Midmay pg 60 "the respective offices; which persons, so returned by their precinct meetings, were put first in nomination at the Wardmote, in the order as the precincts are arranged; after whom any other candidates may then be added to either of the precincts, in opposition to all or any of those who are so returned.' - in other words, the ward Precinct Meetings were merely nominating candidates; the vote for these took place at Wardmote, and they were elected to serve the entire ward, not only the nominating precinct. This is described in the evidence given by Mr Acland "In several if not most of the wards there are precincts which constitute a sort of sub-committee. At the precinct meetings, which are rarely attended by more than from six to ten or twelve, and very often not attended by more than two or three, the list is agreed upon of common councillors to be recommended to the court of Wardmote. At the court of Wardmote this list is represented as the list of candidates recommended, and it most generally consists of the old candidates. At those precinct meetings it very often happens that cakes and wine and other refreshments are provided for the few who are congregated in order to prepare this nomination list, if I may so call it." Report of the Commissioners Appointed to Inquire into the Existing State of the Corporation of the City of London, 1854

17 The Chronicle of England; Or, a Complte History, Volume 2, part III, page 175

18 'The precinct is the same as the township or parish elsewhere. The ward is the hundred, and the city a shire, folkland, or commonwealth.' London Exhibited in 1852 by John Weale 1854

19 Farringdon Without Wardmote: 22 December 1857 Mr Ross contended that there was no corporate law on the subject of precints, and that these [precinct] returns were purely parochial. Mr Pontifex, the ward clerk, having been appealed to, said that the precincts rested entirely upon custom, and that by custom alone they could be guided. (Morning Post - Tuesday 22 December 1857)

20 As pointed out by Alderman Sir T Vezey Strong, the meetings termed Precinct Meetings had appointed minuting clerks for that purpose. There was only customary authority for this. The City of London (Union of Parishes) Act did not affect one jot or tittle the precinct clerks. -Shoreditch Observer, March 13, 1909.

21 The Vill in Medieval England, Warren O. Ault Proceedings of the American Philosophical Society Vol. 126, No. 3 (Jun. 8, 1982), pp. 188-211 list among these the power to sue, to make contracts, and to make bye-laws.

22 See Precinct Book of St Christopher le Stocks, GLMS 2501:1 (Rules drawn up in 1670) stating 'That all Inhabitants being housekeepers...shall be summoned to the precinct assemblies'

23 Thus it is clear the Precinct is the ancient Saxon Tything jurisdiction; how else explain the existence of a separate inquest jury in some of the Precincts, with separate beadles and other ward officers? "The Tything Court, then and now [is]called the Leete. "Sir Henry Spelman, “The Laws and Antiquities of England” 1695.

24 The Precinct Meetings were, prior to 1920, also nominating committees for Wardmote Common Council elections – but had no exclusivity in this, and anyone could be nominated openly at the Wardmote, whether nominated by the Precinct Meeting or not. Officers chosen annually by the Precinct Meetings for various historical roles under the original Wardmote precept, were confirmed at the Wardmote. Once again, these nominations were not exclusive, and anyone was free to be nominated at the Wardmote. The Precinct Meeting was in this aspect of its function a nominating committee, not an appointment committee.

25 The Precinct Meetings were discussed extensively at Court of Common Council, March 4^th 1908, where a report by the Special Committee upon the City of London (Union of Parishes) Act was discussed. Refusal of the Court to compensate Precinct Clerks with a gratuity (paid for out of the rates), as had been the custom for centuries, was discussed. It was noted that Section 28 (now repealed) of the Act distinctly provided for the compensation of Precinct and Ward Clerks. Alderman Sir T. Vezey Strong, Chairman of the Special Committee, said "Mr Tisley was examined on that particular subject..and one of the questions that that gentleman was asked was whether he could refer them to any authority by which the precinct clerks were appointed under which they could claim to be paid...they (The Committee) tried all kinds of methods to find any authority by which precinct clerks were created, but without avail. Farringdon Without had, no doubt, meetings termed Precinct Meetings, and had appointed minuting clerks for that purpose. There had been no authority, and they had failed to find any reference to them in the accounts...The Act had not dispossessed those gentlemen. The fact was that the Act of Parliament did not affect one jot or tittle the Precinct Clerks. If the Ward of Farringdon Without cared to employ anyone for any purpose for the good of the Ward, they could pay them out of the sundries provided for that purpose. According to the meaning of the Act, they could not agree to pay ratepayer's money away to people who had no legal claim to compensation."

26 NOTICE: Sufficient Notice of the Precinct Meeting must be given. Written Notice must be fixed to the Ward of Portsoken's church or chapel doors, at least three days before a meeting of the Precinct, the first of such days being Sunday. The day of the meeting can, therefore, never be earlier than Thursday in the same week, or any day after that. (R v. Best, 16 Law Journal Rep. M. C. 338)

27 "One of the most eminent common law writers of his time, (Mr Wm. Lambard) mentions the formation of the decenary companies [i.e. the precincts/tithings] as being the free act of the people themselves in every neighbourhood; for, according to him, the ancient usage was, 'that all free borne men should cast themselves into several companies by tenne in eche companie" etc (Duties of Constables, etc,pg 7) "An account of the constitutional English polity of congregational courts, Mr Granville Sharp & Mr John Adams,1786.

28 In many parishes it is the rule, and it ought to be carried out in all of any extent, that a printed copy of the Notice calling each Vestry, shall be left by the Beadle at every house in the Precinct before the day of the meeting. (Rogers v Davenant, 1 Modern rep. 236)

29 The summoning bell was often the Church Bell, when rung in this capacity it is called the Mote Bell.(The Parish,pg 57)

30c. 1042 Charter of Edward the Confessor. This Charter confirmed to the Chnichtengild all the franchises it enjoyed in the days of the Confessor's father (King Ethelred), King Cnut, and King Edgar. c. 1087 The Confirmation of the Cnichtengild: This English Chnichtengild is of more ancient origin; it was founded before the Norman invasion, and was an Anglo-Saxon institution, with its own judicial institutions. It existed as an independent jurisdiction that at this time reached from outside Aldgate, right down the the port of London on the river-side. Thus it was also known as the "port-soken". "William, King of England, to Maurice, Bishop [of London], and Geoffrey of Mandeville, and R. Delpare, and all his faithful Londoners, greeting. Know ye that I have granted to the men of the Chnichtengild their guild and the land which pertains to it with all its customs as they had it in the time of King Edward and of my father. Witness Hugh de Buckland at Reading."

c. 1108 "Henry, King of England, to Richard, Bishop, and the sheriff of London and all his Barons and faithful subjects of London, French and English, greeting. Know ye that I have granted to all men of the Cnihtengild, their gild and land which pertains to them with all their customs as they best had in the time of King Edward, and of my father, and as my brother granted them by his writ and seal. And I forbid, on pain of my forfeiture, that any dare to do them an injury on this account."

c. 1124 The Soke of the Knights is transferred with all its charters to the Priory and Convent of the Holy Trinity, Christchurch. "Know ye that I have granted to the church and canons of the Holy Trinity, London, the soken of the English Cnihtengild and the land pertaining to it within the borough and without, as the men of the same gild gave and granted it to them. And I will and firmly ordain that they hold it well and honourably and freely with sake and soke [independent jurisdiction] and toll and team and infangthef and all their customs, as the men of the aforesaid guild had it in the time of King Edward and as William my father and my brother granted it to them by their writs."

31 Every tything, whether rural or otherwise, was a sort of little republic, exercising a judicial power within the precincts of its own territories, and differed from a shire, or county, in nothing but extent of ground and number of inhabitants. Joseph Nightingale, 'English Topography',1816.

32 The Constable used to be the person to summon all such meetings; (in the City of London, as Constables are in abeyance, the Precinct Headborough takes his place in precedence).(The Parish, Toulmin Smith, pg 55)

33 BEADLE: He is a petty officer in the parish, chosen by the Vestry, and his business is to attend the Vestry, to give notice when and where it is to meet, and to execute its orders as a minister or servant; He may be remunerated for his services according to the customs and usage of the Parish. (Cullen, Parish Officers' Guide,1828)

34 The Precinct Meetings in the Parish of St Dionis Backchurch were summoned by the Church Warden, and minuted by the Parish Clerk.

35 Pg 58 The method and rule of proceeding upon all Elections, Rolls and Scrutinies ...

edited by Henry Kent Staple Causton

36 London Exhibited in 1852 , John Weale A few days before St. Thomas's day, in each year, that is, before Yuletide, a meeting is called for the precinct, which is perhaps only half a street, and to which all indwellers, whether citizens or not, that is, all above fifteen years old, can come...

37 English local government, from the Revolution to the Municipal Corporations Act by Webb, Sidney, ; Webb, Beatrice Potter. 1906, page 586 through to page 592

38 See The Method and Rule of Proceeding Upon All Elections, Polls and Scrutinies ...

By Sir William Mildmay, 1799, "It is customary for the inhabitants of the several Precincts in each ward to meet every year some time before St Thomas' Day.

39 Causton but it is customary for the inhabitants of the several precincts in each Ward, to meet every year, some time before St. Thomas's day, in order to return a list of such persons they think best qualified to serve their respective offices.

40 Act of Common Council, Oct. 8th 1617, It is enacted, ordered, and agreed that henceforth when every precinct, according to the ancient order, have presented the names of their Inquest-men at the time accustomed, and that they have all taken their oaths, that then forthwith, the good men of the same Inquest, shall by most voices proceed and make choice of one, the most discreet, honest, and able person among them to be their foreman, without respect had to any particular precinct, or any usage in that kind, but only to the choice of such a person as may best direct and discharge the service; and after such election made, such foreman to be confirmed and allowed by the Alderman of that ward for the time being, and in his absence by the Lord Mayor of this City for the time being. The form and order hereby set down to be henceforth observed and kept for ever in every ward of this City, any law, usages or customs to the contrary thereof in any wise notwithstanding.

41 pg 196 'Cripplegate' (supra)

42 "And even at this day, the chief persons in each tything are called Borsholders, which is a corruption of the Saxon words ... Every one of these little republics, amongst the other rights of sovereignty they were vested with, also exercised a judicial power within the precincts of their own territories, and had ... In London and some other places they yet subsist...These jurisdictions,Lord Coke, though no friend of any court save those of Westminster hall, asserts were original,and not derived out of them. 2 Inst 327." Parliament, 'A Complete Collection of the Lord's Protests', 1767.

43 Baddeley pg196

44 London was ranked as a county, and the inhabitants of the sokes composing its limit, were associated into frithgilds of an indefinite number of freepledges, with the character of hundreds; the precincts being the lesser proprietary subdivisions, correspondent to the tythings in the rural districts. ..Thus, under the Saxon rule, and immediately preceding the Norman Conquest, Londonborough had the same legal polity that distinguished a Saxon county. Sir Wm. Mildmay, 'The method and rule of proceeding upon all elections, polls and scrutinies', 1841

45 PRECINCT CLERK – This appears to be an identical position to that of 'Vestry Clerk' of a Parish. It is an elected position, chosen by the resiants assembled in the Precinct Meeting for that purpose. This is not an office known to law, and a mandatory order cannot be issued regarding it. Why? It is a temporary appointment, for each particular meeting of the Precinct, and not a permanent office; Lord Kenyon CI stated "This is not a fixed permanent office, for which mandamus will lie, it depends altogether on the will of the inhabitants, who may elect a different clerk at each vestry." If the parishioners resolve it to be an annual office, this might be revoked at the next Precinct Meeting (on the principle that one parliament cannot bind another, and the Precinct Meeting in law is 'parlimentum ville") (R v Churchwardens of Croydon, 5T.R.p713.c.)

46 Precinct of St Sepulchre, Precinct Meeting, "The Precinct Clerk – Mr Lidstone said that the passing of the Union of Parishes Act had somewhat affected the position of the Precinct Clerk. Some of his duties had been reduced which were formerly carried out by that officer, and it was highly necessary that they should take some action. He would therefore propose that the election of Mr H.L.Bedford as Precinct Clerk be confirmed. - Shoreditch Observer, December 12^th 1908.

47 Mr Deputy Turner at Common Council: The fact of the men (the clerks) being appointed by the ratepayers, recognised by the members of the ward....he contended that it was in the interests of the ward that they should continue the services of these gentlemen"

48 PRECINCT OF ST ANDREW'S HOLBORN.

A Meeting of the Free Inhabitant Householders of the above Precinct was held yesterday in the Inquest Room of St Andrews to transact public business.The Chair was taken at 11 o'clock by Mr Guest.Election for Precinct's Clerk Mr Beauchamp was proposed by Mr Charles Reeves for the vacant office. Mr Shackell proposed Mr John Pontifex. Upon shew of hands, Mr Reeves appeared to be the favourite. A poll demanded for Mr John Pontifex, the numbers at the close were as follows: Mr Charles Reeves—55 Mr Pontifex—50 Majority for Mr Reeves-15 Morning Advertiser - Tuesday 11 December 1827

49 In 1908, the Precinct of St Sepulchre elected two beadles.

50 By 1913, according to the published minutes of the Bishopsgate Precinct Meeting, the Clerk was now referred as Hon. Precinct Clerk. Shoreditch Observer, December 13, 1913.

51 Pg 592, English local government, from the Revolution to the Municipal Corporations Act

52 The Precinct Meeting is the tything court of the hundred (Wardmote), and its Chairman is the Borsholder. Parish Officer's Complete Guide, by John Paul, Barrister-at-law.

53 See 'Eirenarcha' or the Office of Justices of the Peace, London, 1610

54 Public Ledger and Daily Advertiser - Saturday 22 December 1827

55 And first, the City is divided into twenty-six Wards, and every Ward into the like Number of Precincts, over each of which is a constable. All constables ought to be freemen of the City. They are nominated by the inhabitants of the City on St Thomas' Day, and confirmed, or otherwise, at the Court of Wardmote; and after they are confirmed,they are sworn into their offices by a Court of Aldermen. Calt. Rep. 129 Joseph Shaw, 'Parish Law' , 1753

56 Report of the Commissioners Appointed to Inquire into the Existing State of the Corporation of the City of London, 1850

57 "That a copy of the preceeding resolution be sent down to the Ward Clerk, and that the Members of the Court of Common Council be requested to support the same at the ensuing Wardmote" – Precinct Meeting of All Hallows, The Morning Chronicle, December 18^th, 1856

58 The Precinct Meeting in some wards had its minutes kept by the Ward Beadle: N 1623 Edward Glover, beadle of the Ward, commenced to keep a record of the proceedings of the annual meetings of the inhabitants of the first precinct of Aldgate Ward, which were held in December, prior to the annual Wardmote elections.

59 Note, however, that even following the Police Act, several wards continued to appoint night watchmen: ‘ By the City Police'Act the latter office [constable] is placed in abeyance, and virtually it is extinguished, except in so far as it may be regarded as continued in the private subscription watchmen recently appointed by the inhabitants of the several wards. Pg 221 Journal of the Statistical Society of London, Volumes 13-14, 1850

60 They are nominated by the inhabitants of the Precinct on St Thomas'day, and confirmed, or otherwise, at the Court of Wardmote. Parish Law ... Seventh edition 1753 By Joseph SHAW (Legal Writer.)

61 London politics, 1713-1717 – Horwitz 1981, Page 29 "Delivered new precinct books for Billingsgate Ward to Mr Fisher." - this presumably being a ward expense, was paid for by the City as part of City Administration.

62 "“When a leet exists in a borough or town, ... and there is no trace of its original institution, it is not devoid of probability that the jurisdiction does not exist under a grant from the crown, as an appendant franchise, but that it is a more immediate vestige of the Anglo-Saxon jurisprudence” A Treatise on Copyholds: Customary Freeholds, Ancient Demesne, and ..., Volume 2, John Scriven , pg. 813

63 We have already seen that each hundred division was again divided into ten tithings, each tithing consisting of about ten families. One of the most respectable members of each tithing was elected the chief magistrate, and was sometimes called the alderman or freeburgh, but more commonly borsholder, or tithingman . An assemblage of the tithing, with this magistrate at their head, constituted a court of justice; and it was the duty of the borsholder or tithingman to convene the members of his tithing, and to put their sentences into execution; and if not submitted to, the cause was referred, by way of appeal, to the next superior court.

Besides the hearing and determination of controversies arising among the decennaries, it was customary at the tithing courts for each member to produce his warlike habiliments to be inspected, and at these courts new members were admitted, and testimonials given to those who had occasion to remove into other tithings .

The subdivision of each hundred into tithings or decennaries was admirably adapted for the preservation of the peace and good order of society; for it appears that all the members of each decennary or neighbourship (as it was sometimes called), and who were of the same rank, were pledges or sureties for the good behaviour and probity of each other; so that if any member committed a crime, the tithing or decennary by which he was pledged, were within one and thirty days to bring him forth, to answer for the offence; and on failure of so doing, they were compelled to pay the mulct prescribed by the law for the crime committed; unless indeed they could prove on oath before a magistrate, that none of the members were accomplices in the crime, and also engaged to bring the offender to justice as soon as they could apprehend him. So again if any member sustained an injury or loss, the rest contributed to redress or repair it; and in case of gross misconduct, the offender was expelled the decennary, and became an outlaw and vagabond .Treatise on Copyholds: Customary Freeholds, Ancient Demesne, and ..., Volume 2, John Scriven , pp. 803-804

THE OFFICE OF HEADBOROUGH

ALTHOUGH THIS OFFICE OF CHAIRMAN OR PRESIDENT OF A TYTHING APPEARS TO HAVE COMMON LAW POWERS OF CONSERVATOR OF THE PEACE ASSOCIATED WITH IT, THERE IS NO INTENTION TO EXERCISE THESE POWERS.

Lord Coke, 4 Inst 249, and Norton's Historical Account of London, pg77:

Lord Coke observes that the wardmote in the City of London is derived from ward and mote, that is, the ward court, and adds, "In London the precincts are as towns, and the wards are as hundreds"

GENERAL DESCRIPTION:

Hue and Smollett Abridged, 1842:

Ten householders formed a tithing, who were answerable for each other's conduct, and over whom a head-borough was appointed to preside.

Each tything had a president, styled tything-man, or burg-holder, [headborough)] who took care to hold a court, when occasion required . Tindal, 'History of England', 1757.

NOT ABOLISHED IN THE CITY OF LONDON

In the City of London, the Office of Head-borough still exists:-

By 5 and 6 Victoria c 109, no petty constable, head-borough, borsholder, tithing man, or peace officer of the like description, shall be appointed for any parish, township, or vill, within the limits of that act at any court leet or tourn, except for the performance of duties unconnected with the preservation of the peace and with the execution of that act. This act does not apply in the City of London.

Commentaries on the Laws of England, Volume 1

By Sir William Blackstone

"The subdivision of hundreds into tithings seems to be most peculiarly the invention of Alfred." The civil division of the territory of England is into counties, of those counties into hundreds, of those hundreds into tithings or towns.

One of the principal inhabitants of the tithing is annually appointed to preside over the rest, being called the tithing man, the head-borough, and in some counties the borsholder...

...Their ancient office is that of head-borough, tything-man, or borsholder, who are as ancient as the time of king Alfred ...

"Tithing-men...were anciently called chief pledges, were by the common law, and not first ordained by the Statute of Winchester, cap 6; for that statute does not say that there shall be such officers constituted, but clearly seem to suppose that there were such before the making of it. ( 2 Hawk. Pl. C. 61 cap.10. f. 33)"¹

THE OFFICE OF HEADBOROUGH IN THE CITY OF LONDON:

THE TERM HEADBOROUGH IS CORRECT FOR LONDON – that the City sought exclusion from the abolition proves this itself.

Summary of the Duties of a Justice of the Peace out of Sessions:

Henry James Pye, 1827:-

Blowing of horns.—Persons in the city of London, and liberties thereof, or within the limits and parishes aforesaid, blowing horns, or using any other noisy instruments, for the purpose of hawking, selling, or distributing any articles whatsoever, any constable, head-borough, patrol, watchman, or other person, may apprehend every person so offending, and convey him before any justice...

Any constable, head-borough, patrol, watchman, or other person, may apprehend every suspected person or reputed thief, and convey him before any justice; and if it shall appear upon oath that such person is a person of evil fame, and a reputed thief, and not giving a satisfactory account. of himself, and of his way of living; and it shall also appear to the satisfaction of the justice, that there is just ground to believe that such person was in the park, field, street, highway, river, dock, creek, quay, warehouse, avenue, or other place, with intent to commit felony, such persons shall be deemed rogues and vagabonds, and convicted accordingly.

The Pictorial Handbook of London , John Weale, 1854:-

The space within the walls was shared out in marks, or wards, to which additions were afterwards made. In each of these wards an alderman was chosen. At a later time, these wards were further shared out into what are now called precincts.

The precinct is the same as the township or parish elsewhere, the ward is the hundred, and the city a shire, folkland, or commonwealth.

At the present time the precinct commonly has its common-councilmen, its inquestmen, clerk, beadle, constable, or head-borough, oveseers of the poor, and tax collectors, as well as its church establishment.

In some parts, too, the precinct jurisdiction is not kept up, or is merged with the parish. The ward has an alderman, common-councilmen (of whom one is deputy alderman), a full inquest, ward clerk, and ward beadle. The city has its Lord Mayor, Court of Aldermen, Court of Common Council, Sheriffs, and other chief Officers.

A New Guide for Constables, Headboroughs, Tythingmen Gent J.P 1692:-

IV Geo IV 1823

London To Wit: To the Collector of the rates for paving, cleansing, and lighting the City of London, and Liberties, and for making, enlarging, widening, deepening, altering and removing the Common Sewers, Public Drains and Vaults within the same,and to all Constables, Head-boroughs, Beadles and Peace Officers, for said City s..etc

Aldgate South Precinct:-

"Benjamin, who was a hatter by trade, held a number of other minor law enforcement posts, including head-borough of Aldgate lower precinct. "

The Wards of London, Henry Thomas 1828

The officers belonging to St. James's Duke's Place, consisting of a minister, two constables, two head-boroughs, and fifteen jurymen. This parish, which is a precinct of itself, formerly enjoyed great privileges.

London's Livery Companies and Metropolitan Government, C.1500-1725 Joseph P Ward, 1992:-

In 1593, the constable and head-boroughs of the precinct of St Martin le Grand requested.....

LEGISLATION:

The Constables Protection Act 1750 (still in force).

c. 44 (Regnal. 24_Geo_2)

Action not to be brought against constable till demand made of copy of warrant, &c.

No action shall be brought against any constable, head-borough, or other officer, or against any person or persons acting by his order and in his aid, for any thing done in obedience to any warrant under the hand or seal of any justice of the peace, until demand hath been made or left at the usual place of his abode by the party or parties intending to bring such action, or by his, her, or their attorney or agent, in writing signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or neglected for the space of six days after such demand; and in case after such demand and compliance therewith, by showing the said warrant to and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such constable, head-borough, or other officer, or against such person or persons acting in his aid for any such cause as aforesaid, without making the justice or justices who signed or sealed the said warrant defendant or defendants, that on producing and proving such warrant at the trial of such action the jury shall give their verdict for the defendant or defendants, notwithstanding any defect of jurisdiction in such justice or justices; and if such action be brought jointly against such justice or justices and also against such constable, head-borough, or other officer or person or persons acting in his or their aid as aforesaid, then, on proof of such warrant, the jury shall find for such constable, headborough, or other officer, and for such person and persons so acting as aforesaid, notwithstanding such defect of jurisdiction as aforesaid; and if the verdict shall be given against the justice or justices, that in such case the plaintiff or plaintiffs shall recover his, her, or their costs against him or them, to be taxed in such manner by the proper officer as to include such costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found as aforesaid.

Mirror of Justices, 39 and also page 41. re City of London.

OATH/DECLARATION

Is the oath needed? No.

King v Corfe Mullen 1 Barn. & Adol.211. it was held that a man gained a settlement as a tithing-man, although he was not sworn in; and it was there said by the Court "There can be no question that he executed the office de facto; nor indeed can there be any that for some purposes, at least, he executed it de jure. A month is given for the taking of the oath, yet the year commences from the appointment. Can it then be said that the party is not in office till he is sworn? And the oath of a tithing man was described as an oath of sanction, which might be taken at any time after entering on the office."

Note: The Promissory Oaths Act has abolished this oath.

THE ORIGINAL FORM OF OATH:

You shall Swear that you shall well and truly serve the Office of Headborough for the Precinct of Covent Garden in the City of London until another be chosen in in your room, or you shall be legally discharged thereof: Her Majesty's Peace in your own Person you shall keep, and see it kept in all others, as much as in you lieth, and do all other things belonging to your Office, according to your knowledge and Power, So help you God.

THE OATH MUST BE REPLACED WITH A DECLARATION:

"I do solemnly and sincerely affirm that I shall well and truly serve the Office of Headborough for the Precinct of Covent Garden in the City of London, until another be chosen in in my room, or until I shall be legally discharged thereof: Her Majesty's Peace in my own Person I shall keep, and see it kept in all others, as much as lies in me to do so, and do all other things belonging to my Office, according to my knowledge and Power.

So help me God."

NATURE OF THE OFFICE:

MANNER OF APPOINTMENT

Resiants of a private leet lying within the hundred are liable to serve the office of tithingman of that leet. ²

He may be elected at the court without being present. He may not refuse the office.

PERIOD OF APPOINTMENT

The office of head-borough appears to be of a freehold nature, determinable at the end of the year, or at any time by removal for any misconduct; but it is not actually determined, until there is a formal removal, or a successor is appointed and sworn.³

OATH

A head-borough (petty constable) may take the oath of office before the court leet. (The precinct court is a private leet.)⁴

The form of the oath in Burn's Justice is:

"You shall well and truly serve our Sovereign Lord the Queen in the office of Headborough for the Precinct of Covent Garden in the Ward of Portsoken in the City of London, for the year ensuing, or until another be sworn in your stead, according to the best of your skill and knowledge. So help you God."

Although sworn at the leet, he ought not to be sworn to serve the lord of the leet, for he owes no manner of duty to him,which is not part of his duty to the King.

If a man be chose head-borough at a leet, he may be indicted for not taking his oath, but then he ought to be warned to go before a justice of the peace to take his oath.⁵

REMOVAL FROM OFFICE:

A tythingman elected by the Inhabitants of a Hamlet, according to Custom, and sworn in the Leet, cannot be displaced by the Justices of the Peace; but the Lord that approved of the choice may for just Cause remove him.⁶

As some of the Precincts used to elect their own inquest juries, it is clear that the Precinct is in the nature of an inferior sui generis type of court leet. "The Superior Leet shall not meddle in the inferior of matters inquirable there, unless it be in case of omission" (Hale Chief Justice, Freem. Rep. 348,349. pl 433. Mich. 1675. Keene's Case)⁷

NOT AN OFFICE OF TRUST:

Curtis v Graham [1864]

"The Office of Head-borough seems to be somewhat in the nature of that of a constable, and an oath is required by which, amongst other things, the party taking it swears that he will truly serve Her Majesty the Queen and also, I think, the lord of the Manor in which the district is situate, to the best of his ability.

Some discussion arose with regard to this office of head-borough. The case of Rex v De Mierre, 5 Bur. Rep. Was referred to. On looking at that case, all that can be drawn from it is, that it was held that the office of constable, not head-borough, was an office of trust."

CONSERVATOR OF THE PEACE

Tythingmen appear to also be conservators of the peace at common law, and the same category as applied to petty constables applies to them.

Every Petty-constable within the limits of their several Towns (i.e. within the limit of the Precinct only) are Conservators of the Peace (at the Comon Law) by virtue of their office.

(See Affray and Forcible Entry)⁸

These Petty Constables may do what they can to keep the Peace; but they cannot take Surety of the Peace at the request of any man. 'And ex Officio they may cause such as in their presence are about to make an affray, to find sureties to keep the Peace; and that as well before the Affray, as after. (Cromp.6. & 222,12 H.7 fol 18a & hic postea)⁹

NO POWER TO PUNISH ALONE:

The Office of Constable is distinct and (as it seemeth) is of more and greater authority and respect than these other, as you may see by the Statute of 39 Eliz.4. where the Headborough is to be assisted in the punishment of rogues, with the advice of the Minister and one other of the Parish, whereas the Constable alone of himself, as well as the Justices of the Peace, may appoint or cause Rogues to be punished.¹⁰

Head-boroughs, where a constable is, cannot meddle, because Constables be Head-Officers, and Head-boroughs are but as assistants to the Constable in all services of his Office when the Constable is present.

IN ABSENCE OF A CONSTABLE:

In towns where there be no constables, and that the...head-boroughs..be the only Officers for the Peace; as also in such cases where the power or authority of the Head-borough is declared to be equal with the power of the Constable; in all such cases and things their Office and Authority are in a manner all one. (See the Stat 1 Jac cap 7. Lamberts Offic del Const. 4,6,9.)¹¹

AFFRAY OR ASSUALT:

If any man shall make an Affray or Assault upon another in the presence of the Head-borough, or if any man in the presence of the constable shall threaten to kill, beat or hurt another, or shall be in a fury ready to break the Peace; in every of these cases the Constable or Headborough may commit the Offenders to the Stocks, or to some other safe custody for the present, (as his or their quality requireth) and after may carry them before some Justice of the Peace,or to the Gaol) until they shall find surety for the peace.¹²

CANNOT TAKE SURETY:

He cannot take a surety of himself; for he cannot take recognizance nor bail, for he is no Officer of Record; and if he shall take an obligation,how the same shall be certified, and into what Court, he said he knew not (Anderson CJ dissenting in Skarret's Case (An.35 Eliz.Rot.1458)

but Walmsley J, Owen J and Beamond J held that although a constable cannot take surety for the peace by recognizance or bail, yet he may take an Obligation,according to the book of 10 E4. And if the affray be in their presence, they are Conservators of the Peace, and therefore may use such means for keeping of the Peace by taking Surety by Obligation. And that before Justice of the Peace were, the Peace was preserved, and that by the Constables. And that the Statute which ordained Justices of the Peace, did not take away the authority of the constable.¹³

"But he cannot take Sureties by Recognizance, because he is no Officer of Record, and therefore such Bond shall be taken in his own name, and not in the Name of the King, and shall be certified at the Sessions (Cro. Eliz. 375, 376 )¹⁴

CAN COMMAND THE ASSISTANCE OF OTHERS

Every of these Conservators of the Peace are (by the ancient Common Law) to imploy their own valour, and may also command the meet help, aid and force of others, or arrest and pacify also such who in their presence, and within their jurisdiction and limits, by word or deed, shall go about to break the Peace.¹⁵

NO AUTHORITY TO DEAL WITH RIOTS, FORCIBLE ENTRY OR DETAINERS

These Conservators of the Peace are only to meddle with Affrays, Assualts and Batteries, or Threatenings to break the Peace, done in their presence; but not with Riots, or Forcible Entries,or Detainers.¹⁶

NEGLIGENCE

If a Conservator of the Peace, being required to see the Peace kept, shall be negligent therein, he may be inndicted and fined for the same.¹⁷

ARBITRATION COURT

In the administration of justice, the head-borough summoned his tithing to assist him in deciding any trivial difference which occurred among the members. (Hume and Smollett's History of England, pg 23)

Parish Law: Or, A Guide to Justices of the Peace, Joseph Shaw:-

In some of the Western parts of England you shall see that there are many Tithing Men in one Parish, there only one of them is a petty constable for the King, and the rest do serve as the ancient tithing men did; and in such case, where there are two or more tithing men; and one of them is chosen at the Leet, to execute the Office of Constable, and the rest of them have been used time out of mind, to do nothing about the office of constable, but to do other things; in such case the custom of the place may and must be continued, and such tithing men shall not be compelled to do more than by custom they have used to do otherwise; and in all other places all these officers are comprehended under this word Constable, and all these offices are contained within this office.

Township Offices:-

We now come to what I have termed the township division of our subject. And we at once see before us a group of names belonging to Anglo-Saxon polity as distinct from all others.

The Borsholders, Head-boroughs (Head-borrows), and Tithingmen, belong to that system of mutual pledging known Borsholders, as frith-borh, or frank-pledge. 3 By an article in the etc laws of Edward the Confessor, founded upon a previous enactment of Canute, all men are bound to combine themselves in associations of ten. Each association has a head-man, 'a capital pledge,' bors-ealdor, to manage the business of the ten ; 4 and a previous statute of Edgar applies the general law to every man both within Burgh and without.

Now of this institution in its fullest growth there is no definite trace before the Norman Conquest. 5 The laws of Athelstane, of Edgar and of Canute only lead up to the result which we see in full practice under the Normans, and this fact lends a very material argument to the contention of Mr. Coote that this system was founded upon that of the milites stationarii of the Romans. 1

The Roman institutions that were intermixed with the Anglo-Saxon received their full complement under the Normans, and where there was room for them to develop, the existing machinery soon applied itself to the movement.

The Act of 5 & 6 Vict. cap. 109, abolished the popular election of these old local officers, and it is not a little curious that we find so few remnants of the old system among our municipal boroughs. They seem to have passed away with the necessity of the case, except in many of the boroughs of Kent. With reference to this county, Sir Francis Palgrave points out that, acting upon the general law of Athelstane, the local witenagemot enacted a bye-law which is very similar to the later Frank- pledge. This was done as an expedient to diminish the responsibility of the superior lord, who, under Athelstane's law, was to be the pledge that none of his men would commit theft.

If the lord's eorls were so numerous that he could not reasonably undertake the charge, then he was to appoint a Reeve in each township who would be answerable to him ; but if the praepositus found any ceorl whom he could not trust, then the suspected party was to find twelve of his kinsmen who would be pledges of his good abearing. 2

Now 'borsholders' are only found in the Kentish boroughs named in the Index, while the head-borough is found in Northamptonshire and Surrey, and the tithingmen in "Worcestershire, Somersetshire, Surrey, Berks, Bucks, and Hants. Before, however, leaving this group of old township offices, let The Provost me for a momen to advert to the title of Provost.

It was said above that the Mayor succeeded to this office inmost of our old municipal boroughs ; and yet we meet with it as one of the most important of the old township offices. The Provost, says Mr. Toulmin Smith, is merely one inclusive name for what occurs under the various denominations of tythingman, head-borough, bors-holder, chief-pledge, constable, boro-reeve, etc} He was the head man of the town, before churchwardens assumed that position as representatives of the ecclesiastical influences.

We meet with him when the provost and four men represented the old township in the Hundred and Scirmoot ; we meet with him later on when Parliament declared that in every parish the four men and the provost should be answerable for one man-at-arms ; and finally as the Provost in Eyre he had to be present at the periodical local criminal courts. 1 Thus, I think, we have an important link in the development of municipal boroughs from the old township.

I shall not pause at the Ale-conners, Ale-founders, Ale-tasters, Beadle, 2 Bellman, Bread-weighers, Constables, Crier, other Town and the like, because they are so well known as offices belonging to the township and their duties are almost defined by their titles.

But upon the subject of Minstrels and Minstrels Waits there is something more to be said. The only and Waits boroughs which possessed either of these offices in 1835 were Bristol, Chester, Leeds, Lincoln, Nottingham, and York. 3 Mr. Wheatley, in his Introduction to Bishop Percy's Reliques, 4 says "that waits were formerly attached to most corporate towns, and were, in fact, the corporation minstrels.

They wore a livery and a badge and were formed into a sort of gild. No one, even were he an inhabitant of the town, was suffered to play in public who was not free of the gild. Besides singing out the hours of the night, and warning the town against dangers, they accompanied themselves with the harp, the pipe, the hautboy, and other instruments. They played in the town for the gratification of the inhabitants, and attended the Mayor on all state occasions. 5 At the Mayor's feast they occupied the 'minstrels' gallery.' " , But it must not be supposed from this that the Minstrel belongs to the municipality only. In truth he appears here only as an historical survival, or, may be, revival.

Mr. "Wheatley, quoting from Sir "Walter Scott's Minstrelsy of the Scottish Border, carries the question of their origin a step further back into the past history of local institutions. " It is certain," writes Sir "Walter Scott, " that till a very late period the pipers, of whom there was one attached to each border town of note, and whose office was often hereditary, were the great depositaries of oral, and particularly of poetical tradition. These town pipers, an institution of great antiquity upon the borders, were certainly the last remains of the minstrel race.

The town pipers received a livery and salary from the community to which they belonged ; and in some burghs they had a small allotment of land, called the 'Piper's Croft.' " ' The mention of this last custom of allotting land for payment carries us, in point of fact, to Aryan history for traces of their origin.

As we shall see later on, each officer of the old village-community was paid by an allotment to his family of a piece of cultivated land ; 2 and instances are not wanting that early Teutonic society also possessed this custom. When, therefore, we know that the Hindoo village possessed its hereditary poet or minstrel ; that the Celts both of Ireland 3 and Scotland 4 are known to have had the same institution amongst them ; that the Icelanders almost down to modern times possessed a village story-teller ; may we not conclude that in the minstrels and waits belonging to the municipalities and larger towns of historical times we see a not unimportant relic of that far-off period when all history was oral — said or sung — when the village poet preserved traditions which we gladly collect and enshrine in our literary archives as Folk-lore ?

TITHING COURT IN GENERAL

An account of the constitutional English policy of congregational courts.

Granville Sharp, Old Jewry, July 27, 1784:-

Only the ten householders in every tithing who paid scot and lot, and were answerable for the payment of all national as well as provincial and parochial burthens. These only were the men who had a judicial capacity, and were called altogether by the chief freeborg, or headborough, on all occasions, to consult and determine, on every question or extraordinary business, within the extent of their division. All the individuals of the division, indeed, were suitors in the tithing court, and might there be present, and amenable thereto for offences; for the decenna, or tithing courts, were of admirable use in promoting justice, and deciding differences and quarrels amongst neighbours. The learned author of the Notes on Fortescue, (folio edit, in 1741, p. 106,) speaking of "the court of the freeborough or tithing," adds, " wherein" (says he) "the tithingman, or headborough, was the judge." They are intituled, in the laws of the Confessor, "justiciarii," (justices ;) for such was their jurisdiction and office within their tithing. It is necessary, however, for the proper understanding of the chapter wherein this is mentioned, to be previously informed that the Latin noun, "friborgus," of the masculine gender, does not properly signify a free-borough, tithing, or association of ten men, but rather one individual free-borgess of that society; but when the society or association itself is to be collectively understood, the word is generally, though not always, expressed in the neuter gender, "friborgum," as Dr. Cowel rightly expresses in his Interpreter, on the word froborgh, alias fridburgh, &c.

...In all these various divisions of the people, regular courts were anciently held for the maintenance of peace and right, and for adjusting all differences amongst neighbours, without expense; for there was no cause or contest of such magnitude and importance, for which a popular court of proportionable dignity could not be found in the larger divisions of wappentakes, tithings, and shires, to adjust and determine it; whereby tedious and vexatious lawsuits, and the ruinous expenses attending them, were happily avoided.

Accounts and Papers of the House of Common

1846:- The Tithing Court was devised for the decision of petty suits between neighbours. Rep v. 13. King Henry I made provision for restoring the ancient local courts.

1A General Abridgment of Law and Equity, Charles Viner, pg 428

2The Office of Constable. Willcock. 1840 pg 18 ; The parish officer's complete guide, John Paul, pg 103 "...chosen borsholder or tithingman, if he is not presented and admitted in the court leet, he is not legally placed in the office, and cannot gain a settlement by serving it"

3The Office of Constable. Willcock. 1840 pg 22

4The Office of Constable. Willcock. 1840, Section 2, note 54.

5A General Abridgment of Law and Equity, Vol 5 Charles Viner, pg 432

6A General Abridgment of the Common Law: Alphabetically , Volume 2, Part 1. Knightley D'Anvers pg 148

7A General Abridgment of Law and Equity, Vol 5 Charles Viner pg 429.

8The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

9The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

10The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

11The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

12The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

13The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

14A General Abridgment of the Common Law: Alphabetically , Volume 2, Part 1. Knightley D'Anvers pg 148

15The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

16The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

17The Country Justice: Containing the Practice of the Justices of the Peace, Dalton, 1705.

OATHS AND DECLARATIONS

All the customary oaths traditionally used by the Precinct Court, must be replaced by declarations, following the provisions of the Promissory Oaths Act 1868, Part 2, Oaths to be Abolished.

DECLARATION OF RESIDENCE

I do solemnly and sincerely affirm that I am an inhabitant of the Precinct of Covent Garden in the City of London.

So help me God.

DECLARATION OF ALLEGIANCE

I do solemnly and sincerely affirm that I will be true and faithful to Her Majesty Queen Elizabeth the Second, her heirs and successors.

So help me God.

DECLARATION OF THE HEAD-BOROUGH

I do solemnly and sincerely affirm that I shall well and truly serve the Office of Head-borough for the Precinct of Covent Garden in the City of London, until another be chosen in in my room, or until I shall be legally discharged thereof: Her Majesty's Peace in my own Person I shall keep, and see it kept in all others, as much as lies in me to do so, and do all other things belonging to my Office, according to my knowledge and Power.

So help me God.

DECLARATION OF THE BEADLE

I do solemnly and sincerely affirm that I shall well and honestly keep the precinct that I be beadle for; and all things to my office belonging, I shall well and lawfully keep.

So help me God.

DECLARATION OF THE PRECINCT CLERK

I do solemnly and sincerely affirm that I will be a good and true Clerk of this Precinct Court; and that I shall exercise and execute the same office with all my skill, diligence and power.

So help me God.

CHRONOLOGY OF THE PORT-SOKE

c. 700

or earlier Tything jurisdictions are already in existence across much of southern England.

c. 850

King Alfred the Great formalises administrative and judicial divisions into Tything Courts, Hundred Courts and Shire Courts. The president of the Tything Court is called a Tithingman, Borsholder, or Headborough.

c. 1000 - the reign of King Cnut

The Knight's Triathlon for the Portsoken

The story of the foundation of the English Chnichtengild [Knights' Guild]. In the time of King Cnut there were thirteen "cnihts' [knights], who had set their heart upon a plot of ground. This they desired of the King, together with a further grant of a licence to form themselves into a gild. The King signified his readiness to grant both requests, but on condition that each of them should be victor in three separate combats; one above ground, one underground, and one in water; and further, that on a day to be named they should be prepared to meet all comers with the lance in the field called East Smithfield. All these conditions, we are told, the chnichts fulfilled and came off victorious, and forthwith the King declared them a "Chnicht-gild" and defined the limits of their soke [independent jurisdiction].

c. 1066

After this date, the Normans gradually imposed a secondary layer over these - 'Lords of the Manor'; except in the City of London, where the Tything Courts continued to meet, with no Norman Lord set over them; thus they never became 'Courts Leet'. The Normans imposed the office of constable and petit-constable, which became semi-attached to the office of Headborough.

The Tything jurisdictions in the City of London in time came to be called Precincts, each under the jurisdiction of a constable and/or headborough. The Soke jurisdictions similarly, came to be known as Wards, each under the jurisdiction of an Alderman.

c. 1042

Charter of Edward the Confessor. This Charter confirmed to the Chnichtengild all the franchises it enjoyed in the days of the Confessor's father (King Ethelred), King Cnut, and King Edgar.

c. 1087

The Confirmation of the Cnichtengild: This English Chnichtengild is of more ancient origin; it was founded before the Norman invasion, and was an Anglo-Saxon institution, with its own judicial institutions. It existed as an independent jurisdiction that at this time reached from outside Aldgate, right down the the port of London on the river-side. Thus it was also known as the "port-soken".

"William, King of England, to Maurice, Bishop [of London], and Geoffrey of Mandeville, and R. Delpare, and all his faithful Londoners, greeting. Know ye that I have granted to the men of the Chnichtengild their guild and the land which pertains to it with all its customs as they had it in the time of King Edward and of my father. Witness Hugh de Buckland at Reading."

c. 1108

"Henry, King of England, to Richard, Bishop, and the sheriff of London and all his Barons and faithful subjects of London, French and English, greeting. Know ye that I have granted to all men of the Cnihtengild, their gild and land which pertains to them with all their customs as they best had in the time of King Edward, and of my father, and as my brother granted them by his writ and seal. And I forbid, on pain of my forfeiture, that any dare to do them an injury on this account."

1114 - the year of the great drought. The Thames largely dried up, and at low tide it was possible to walk far into the river.

c. 1123

"Henry, King of England, to the sheriff and Barons of London, greeting. I order that the Prior and Canons of the Holy Trinity of London hold their men and their land of the English Cnihtenegild as well and peaceably and justly and quietly and honourably as their predecessors most freely ever had them in the time of my father and my brother and myself and Leofstan, and as they best held them afterwards and to this time, and moreover that they be quit of ward and its forfeiture as my proper alms, because they justly ought to be quit thereof and as both they and their predecessors have hitherto always been quit thereof. Witness Robert de Vere at Westminster."

c. 1124

The Soke of the Knights is transferred with all its charters to the Priory and Convent of the Holy Trinity, Christchurch.

"Know ye that I have granted to the church and canons of the Holy Trinity, London, the soken of the English Cnihtengild and the land pertaining to it within the borough and without, as the men of the same gild gave and granted it to them. And I will and firmly ordain that they hold it well and honourably and freely with sake and soke [independent jurisdiction] and toll and team and infangthef and all their customs, as the men of the aforesaid guild had it in the time of King Edward and as William my father and my brother granted it to them by their writs."

Size of this Soke:

The soke of Aldgate when joined with the Chnichtengild is described as extending from the gate to the outer bar on the east; (Aldgate Barrs) to the Thames on the south, and "so far into the water as a horseman entering the same could throw a lance"; and as far as a certain house once tenanted by William the priest and others towards Bishopsgate on the north. (The northern boundary of Covent Garden Precinct).

This soke came to be known as the Soke [Ward] of the Port or Portsoken, and the right to an Alderman, passed with the soke to the Priory of Holy Trinity, and from this time each Prior became the Alderman of Portsoken Ward.

c. 1131

"And the churches and barons and citizens shall have and hold well and peacefully their sokens with all customs,so that strangers who lodge in their sokens shall pay custom to no one, except to him who owns the soken [independent jurisdiction] or to his minister whom he has placed there."

c. 1131 The Charter of King Henry I

Henry, by the grace of God King of England and duke of Normandy, to the archbishop of Canterbury, bishops, abbots, earls, barons, justices, sheriffs and all his loyal subjects, French or English, throughout England, greetings. Know that I have granted to my citizens of London for themselves and their heirs that they may hold the shrievalty of London and Middlesex of me and my heirs for a farm of £300 by tale. The citizens may appoint as sheriff whomever they want from among themselves and as judge whomever they want from among themselves to take charge pleas of the crown and supervise their conduct; no-one else shall be judge over the men of London. The citizens shall not plead outside the walls of the city in any plea. They are exempted from scot and lot, Danegeld, and murdrum, and none of them need undertake [trial by] battle. If any citizen is accused in a plea of the crown, the Londoner may defend himself by an oath to be adjudicated in the city. Within the walls of the city no-one need be billetted, not [members] of my household nor anyone else, [nor] is any billet to be taken by force. All London men and their goods are to be exempt from and free of toll, passage, lastage, and all other customs, throughout all England and the seaports. The churches, barons, and citizens may have and hold, properly and peacefully, their sokes [independent jurisdictions] with all customs, on condition that visitors given hospitality in the sokes pay no customs, except to him whose soke it is or to the officer whom he has appointed there. A Londoner may not be penalized by an amercement greater than his were, that is, 100s; I refer to pleas which [have a penalty that] is pecuniary. Furthermore, miskenning is not to be [applicable] in the husting or the folkmoot, nor in any other pleas within the city. A husting may be held once a week, that is, on Monday. I will ensure my citizens have [justice regarding] their lands, pledges and debts, inside the city and outside. Concerning lands for which they bring a complaint before me, I shall uphold their rights according to the law of the city. If anyone exacts toll or customs from citizens of London, the citizens may in the city recover, from [members of] the borough or town where the toll or customs were taken, the same amount given by a Londoner for toll, and applicable damages. All debtors who owe debts to citizens must repay them, or in [the court of] London offer defence that they are not indebted. If they are unwilling to repay the debt or to come and defend themselves, then the citizens to whom the debts are owed may make distraint within the city, from [any member of] the borough or town or county in which the debtor resides. The citizens may have their hunting rights in the fullest and best form they were had by their ancestors, that is, in the Chilterns, Middlesex and Surrey. Witnesses: bishop of Winchester, Robert fitz Richer, Hugh Bigot, Alfred de Totnes, William de Albini, Hubert the queen's chamberlain, William de Montfichet, Hangulf de Tanei, John Belet, and Robert fitz Siward. [Given] at Westminster.

Charter of Henry III

"Henry, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitain, earl of Anjou; to all archbishops, bishops, abbots, priors, earls, barons, justices, ministers, and all our faithful subjects, French and English, greeting. Know ye, that we have granted to our citizens of London, that none of them shall plead without the walls of the city of London, saving the pleas of foreign tenures, (our moneyers and ministers excepted:) And we have granted to them acquittal of all murther within the city and portsoken [the independent jurisdiction of the port] , and that none of them shall wage battle; and that they may discharge themselves of the pleas belonging to the crown, according to the ancient custom of the city; and that, within the walls of the city and portsoken, no man may take any lodging by force, or by delivery of the marshal: This also we have granted to them, that all the citizens of London be quit of toll and lastage, and of all other customs throughout all our lands, on this side, or beyond the seas: And that none be condemned of any amerciaments of money, but according to the law of the city, which they had in the time of king Henry, grandfather to king Henry our grandfather; and that no miskenning be in any pleading in the city; and that the hustings be kept only once a week; and that they may justly have all their lands and promises, and debts, whosoever owe them to them; and that right be holden to them of all their lands and tenures, which be in the city, according to the custom of the city; and that pleas be there holden of all debts which be lent at London, of all promises there made; and that, if any shall take any toll or any other custom of our men of London, in any our lands on this side, or beyond the seas, or in the ports of the seas on this side, or beyond the seas, after he shall fail of right, the sheriffs of London may take goods for the same: Also we do grant to them, that they may have hunting, wheresoever they had in the time of king Henry, grandfather to king Henry our grandfather: Furthermore also, for the amendment of the said city, we have granted to them, that they be all quit from bridtoll, childwite, jeresgive, and of all scotale, so that our sheriff of London, or any other bailiff, shall not make any scotale. These customs aforesaid we do grant to them, and all other liberties and free customs which they had in the time of king Henry, grandfather to king Henry our grandfather, when as they had the same better and more freely, as the charter of the Lord John our father, which they have, of the same doth reasonably testify: Wherefore we will and stedfastly command, that they and their heirs may have and hold all these things aforesaid hereditarily of us and our heirs.

These being witness, the lord Eustace of London, &c. Given by the hands of the reverend father in God Ralph, bishop of Chichester, our chancellor, at Westminster, the sixteenth day of March, in the eleventh year of our reign."

Eighth Charter of Henry III

"Henry, by the grace of God, king of England lord of Ireland, duke of Aquitain; to his archbishops, bishops, abbots, priors, earls, barons, sheriffs, justices, rulers, ministers, and all bailiffs, and his faithful subjects, greeting.

None compelled to plead out of the city; Law merchant.

Know ye; that we have granted to our citizens of London, for us and our heirs, whom of late we have received again into our grace and favour, after divers trespasses and forfeitures of them and their commonalty to us made, for the which, both for life and member, and all other things belonging to the said city, they have submitted themselves to our will; that none of them be compelled to plead out of the walls of the said city, for any thing except foreign tenures, and except our moneyers and officers, and except those things which shall happen to be done against our peace, which according to the common law of our realm, are wont to be determined in the parts where those trespasses were done; 2nd except pleas concerning merchandizes, which are wont to be determined according to the law-merchant in Boroughs and fairs, so yet notwithstanding that those plaints be determined in the boroughs and fairs, by four or five of the said citizens of London, who shall be there present; saving to us the amerciaments in any wise coming, which they shall faithfully answer us and our heirs, upon pain of grievous forfeitures.

Acquittal of murder, &c; Graves of the dead.

We have also granted to our same citizens acquital of murder in the said city and in portsoken; and that none of the said citizens may wage battle; and that for the pleas belonging to the crown, chiefly those which may chance within the said city and suburbs thereof, they may discharge themselves according to the antient custom of the said city; this notwithstanding except, that upon the graves of the dead, for that which they should have said, if they had lived, it shall not be lawful precisely to swear; but instead and place of those deceased, which before their deaths, to discharge those which for concerning the things belonging to the crown, were called and received, there may other free and lawful men be chosen, which may do and accomplish that without delay, which by the deceased should have been done, if they had lived; and that within the walls of the city and in portsoken none may take lodgings by force, or delivery of the marshal.

Free of toll and lastage, &c.; What is due to the king.

We have also granted to our said citizens throughout all our dominions, wheresoever they come to dwell with their merchandizes and things, and also throughout all the sea-ports, as well on this side as beyond the seas, they shall be free of all toll and lastage, and of all customs, except every where our due and antient custom and prices of wines; that is to say, one tun before the mast, and of one other behind the mast, at twenty shillings the tun, to be paid in such form as we and our ancestors have been accustomed to have the said prices; and if any in any of our lands, on this side or beyond the seas, or in the ports of the said sea, on this side or beyond the seas, shall take of the men of London toll, or any custom, contrary to this our grant, (except the aforesaid prices) after he shall fail of right, the sheriff may take goods therefore at London.

Husting once a week.

We have also granted to them, that the hustings might be kept in every week once the week, and that only by one day; or as notwithstanding that those things within the same day cannot be determined, may continue till next morning, and no longer; and that right be holden to them for their lands and tenures within the same city, according to the custom of the said city; so as nevertheless, that as well foreigners as others may make their attorneys, as well in pleading as defending, as elsewhere in our courts; and they may not be questioned as miskenning in any their pleas; that is to say, if they have not declared altogether well; and of all their debts which were lent at London, and promises there made, pleas be there holden, according to the just and antient custom.

Acquittal of childwite, jeresgive, and scotale; Against forestalling; Custom to be paid; Goods to be weighed at the king's beem.

Furthermore, we do also grant, toward the amendment of the aforesaid city, that all be quit of childwite and jeresgive, and from scotale; so that our sheriffs of London, nor any other bailiff, shall not make any scotale: and also, that the said citizens may justly have and hold their lands, tenures premises; and also their debts, whosoever do owe them; and that no merchant or other do meet with any merchant coming by land or by water, with their merchandizes or victuals, towards the city, to buy or sell again, till they come to the said city, and there have put the same to sale, upon the forfeiture of the things brought, and pain of imprisonment; from whence he shall not escape without great punishment: and that none shew out their wares to sell, who owe any custom, 'till the custom thereof be levied, without great punishment, and upon pain of forfeiture of all that commodity, of him that happens to do otherwise: and that no merchant, stranger, or other, may buy or sell any wares, which ought to be weighed or troned, unless by our beams or trone, upon forfeiture of the said wares.

Debts to be enrolled in the exchequer; A penny to be paid for enrolment.

Moreover, those debts, which of their contracts or loans shall be due unto them, may cause to be enrolled in our exchequer, for the more surety of them, upon the recognizence of those who shall stand bound unto them in the said debts; so as nevertheless, that no debts be enrolled upon the recognizance of any person who is not there known; or unless it be manifested concerning his person by the testimony of six or four lawful men, who be sufficient to answer as well for the debt as for the damages, which any may have of such recognizances, if the same happen to be falsely done under their names: and for every pound to be enrolled in the exchequer, one penny to be paid to our use, for the charge of sustentation of those which must attend to such enrolling: These liberties and free customs we grant to them, to hold to them and their heirs, so long as they shall well and faithfully behave themselves to us and our heirs, together with all their just and reasonable customs, which in time of us and our predecessors heretosore they have had, as well for manner of pleading of their tenures, debts, and promises, as for all other causes whatsoever, concerning both them and the same city: so long as the customs be not contrary to right, law and justice; saving in all things the liberty of the church of Westminster to the abbots and monks of the same place, to them granted by the charters of us and our predecessors. kings of England: but, as touching our Jews and merchant strangers, and other things out of our foresaid grant touching us or our said city, we and our heirs shall provide as to us shall seem expedient.

These being witnesses; Richard king of Almain, our brother; Edward our first son; Roger of Mortimer; Roger de Clifford; Roger Leybourn; Robert Watrand; Robert Aquiln. Mi. Godfrey; Gifford our chancellor; Walter de Merton; John Cheshil, archdeacon of London; John de la Lind; William de Aette, and others. Given by our hand at Westminster, the twentysixth day of March, in the two and fiftieth year of our reign.

1532

Holy Trinity, deep in debt, is surrendered to King Henry VIII

1534

The king granted the lands and all the possessions of the former priory to Lord Audley. The government of the precinct inside the gates becomes separated from the other precincts of Portsoken, and this one takes the name 'Duke's Place', and under the patronage of the Duke develops into a little kingdom of its own.

1538

First secular Alderman since 1134 is elected in the Port-Soken. The five precincts outside the walls are under his full jurisdiction. He has only nominal jurisdiction over the precinct of "Duke's Place" within the walls, due to the power of the owner of this precinct, the Duke of Norfolk.

1554

Audley dies: His only daughter was married to Thomas Duke of Norfolk; The Port-Soken descended to the Duke of Norfolk.

The Liberty of the former Priory within the City walls was known as Duke's Place, and was nominally under the jurisdiction of Portsoken Ward's Alderman.

One of the tithing courts of the old Soke governed it. The Lord mayor was entitled to hold a 'court baron' (i.e. wardmote) in the liberty, but did not. He was also entitled to hold a court leet (A Precinct Mote); but the inhabitants held this themselves, and elected a headborough, constable, etc.

1572

Thomas Howard, Duke of Norfolk, is beheaded.

Thomas Howard, earl of Suffolk (his son) inherited the soke, on 21 July, 24 Elizabeth, sold the Soke to the City of London.

Duke's Place remained an independent Soke within the city until the late 1800's, when it was absorbed into Aldgate Ward, becoming 'Aldgate South Precinct'. It still elected its traditional officers (headborough, etc).

NOTES

See Simpson, 'The Office of Constable' English Historical Review. October 1895

PRECINCT MEETINGS HAD THEIR DOINGS PUBLISHED IN THE LOCAL PRESS,

22 December 1827 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001255/18271222/014/0003

29 January 1834 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001427/18340129/010/0002

22 December 1838 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001427/18381222/010/0001

23 December 1856 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000082/18561223/020/0006

18 December 1858 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18581218/038/0005

22 December 1859 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000183/18591222/027/0005

1 December 1860 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18601201/044/0004

15 December 1860 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18601215/017/0003

22 December 1860 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18601222/017/0003

14 December 1861 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18611214/006/0003

21 December 1861 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18611221/008/0003

15 December 1866 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18661215/041/0006

12 December 1863 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18631212/059/0009

19 December 1863 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18631219/014/0003

10 December 1864 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18641210/033/0009

17 December 1864 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18641217/019/0003

16 December 1865 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18651216/040/0006

8 December 1866 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18661208/016/0003

24 December 1866 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18661224/004/0002

14 December 1867 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18671214/008/0002

21 December 1867 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18671221/012/0002

12 December 1868 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18681212/008/0002

19 December 1868 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18681219/005/0002

11 December 1869 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18691211/030/0006

18 December 1869 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18691218/013/0003

10 December 1870 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18701217/006/0002

17 December 1870 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18701217/006/0002

9 December 1871 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18711209/002/0002

18 December 1871 https://www.britishnewspaperarchive.co.uk/viewer/bl/0000436/18711216/003/0002

12 March 1910 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19100312/155/0008

12 December 1908 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19081212/049/0002

13 March 1909 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19090313/092/0006

11 December 1909 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19091211/118/0007

18 December 1909 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19091218/085/0005

12 March 1910 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19100312/151/0008

12 December 1910 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19101112/170/0008

9 December 1911 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19111209/042/0004

16 December 1911 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19111216/104/0005

30 December 1911 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19111230/007/0001

7 December 1912 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19121207/067/0005

14 December 1912 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19121214/083/0005

28 December 1912 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19121228/009/0001

13 December 1913 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19131213/062/0005

11 December 1914 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19141211/047/0003

18 December 1914 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001026/19141218/045/0003

10 December 1915 https://www.britishnewspaperarchive.co.uk/viewer/bl/0001119/19151210/074/0004

Courts of Wardmote Ancient Judicial Powers

Chitty, A Practical Treatise on the Criminal Law, Volume II, pg 276

"There is, and from time whereof the memory of man is not to the contrary, there hath been, a certain court of our said lord the now king and his predecessors, kings and queens of England, called the wardmote, held, and to be held every year, upon the feast day of St. Thomas the Apostle, (unless the same feast should happen on a Sunday, and in such case then upon the day next following such Sunday,) before the alderman of the ward aforesaid, for the time being, or his deputy, in which said court of wardmote, according to the custom within the said ward used and approved of during the time last aforesaid, to wit, in, &c. aforesaid, all the men, inhabitants, and resiants, paying scot and bearing lot within the ward aforesaid, for the time being, have been used and accustomed, and ought and were bound by reason of their residence to appear in the said court and do their suit there, and in the said court of wardmote, according to the custom of the said ward, the said men inhabiting and resiant, paying scot and bearing lot within the same ward for the time being, were during the whole time aforesaid, used and accustomed, and ought to appoint and choose yearly divers persons then inhabiting and resiant, and paying scot and bearing lot within the ward aforesaid, constables to and for the said ward, for the preserving of the peace of our lord the king, and for the apprehending of rogues, vagabonds, and other suspicious persons within the ward aforesaid, for the public good"