The Annals of Walhampton

Preface

. The motives which induced me to compile these Records proceeded solely from a desire on my part that my own family in future times may preserve the memory of what is well known to me. These writings were collected from researches at the Library of the British Museum, and at the Record Office, London ; al so from the Town-books belonging to the Corporation of Lymington, and from many other sources, but especially from a selection from many private manuscripts at Walhampton. SIDNEY BUEEARD. THE ANNALS OF WALHAMPTON.

Chapter I

The Lordship of the Isle of Wight, tho Manors of Christ church, Lymington, and Walhampton, woro granted by Henry I. to Richard de Redvers, Earl of Devon, a de scendant from the first Duke of Normandy. Baldwin de Redvers, the next Earl of Devon, founded the Abbey of Quarr, Isle of Wight, and the Priory of Christchurch, Twyneham, Hants, in the twelfth century, and presented Walhampton, and likewise the Rectorial tithes of Lymington, and one-half the Lymington tithes of salt and hay, to the aforesaid Priory, which retained these possessions till the dissolution of monasteries. The Burrards possess a Latin copy of a Charter granted to Lymington, in the reigns of Henry IV. and Henry V., by the Baron of Oakhampton and Earl of Devon (great nephew to Edward IL, and kinsman and heir of Isabel de Redvers, Countess of Devon, and Lady of the Isle of Wight, who married Wilham de Fortibus, Earl of Albemarle; she died 1293).

The following is a transla tion, in wliich is entered a copy of tho actual Charter of the above Isabel do Redvers : — B THE ANNALS OF WALHAMTTON. To all whom tho present letter may concern : We Edward Courtenay by the grace of God Earl of Devon have considered the charter which Lady Isabella De Fortibus formerly Countess Albermarle of Devon and Lady of the Island granted to our burgesses of Lemyngton in these words : Let all present and to come understand that I Isabella De Fortibus Countess Albermarle and Lady of the Island have given granted and by this my present charter confirmed for ever to my burgesses of Lemyngton entirely the liberties and free usages derived from toll with all other usages which the free burgesses have through all my territory in farm lands and roads ashore and on the sea in bridges and fords in harbours and fairs in markets for selling or buy ing witliin and without the borough in all places and things pertaining to me and my heirs.

I have also granted to the said burgesses that they ma}7 be free and undisturbed in their shires and hundreds and that all questions that shall arise in the said borough shall be pleaded in the borough itself in the presence of our bailiffs for the time being. And if any fine be imposed let it be imposed among the burgesses themselves and by themselves and let no fine as far as concerns me amount to more than 30 pence, and this by the counsel and judgment of the burgesses themselves. I have granted likewise to the said burgesses that none of them shall be appointed to any office in the borough unless they elect him by common consent and present him to me and my heirs, it being provided that such person be one who shall serve me faithfully and treat the burgesses reasonably and kindly. The said jjfurgesses and their heirs shall severally pay to me and my heirs out of their property either in the old borough aforesaid or from any increase thereof 8 pence annually for all dues 3 pence at Easter and 3 pence at the feast of St. Michael and for that payment they shall hold their rights as burgesses from us and our heirs hi trust and inheritance.

And they shall hold the said liberties and rights in perpetuity (except the two districts of the abbey and convent of Beaulieu wliich shall hold none of the said liberties). I have given and granted to the same my burgesses tho toll and stallage of the said borough together with the toll and stallage of that district which Baldwynus de Kiparys (formerly Earl of Devon) my brother created out of the northern part of the church estate of Lemyngton to be held by him self and his heirs from me and my heirs free and undisturbed for THE ANNALS OF WALIIAMFTON. ever there being paid out of it annually to me and my heirs 30 shillings sterling at equal periods of the year namely at Easter 15 sliillings and at Michaelmas 15 shillings with the toll and stallage of the markets or fairs at the feast of St. Matthew tlie Apostle together with the fees and perquisites reserved in full to me and my heirs.

The burgesses who belong to the borough itself shall hold and their heirs shall have and hold from me and my heirs all whatsoever liberties and free usages and rights as above mentioned. And that tliis my gift grant and confirmation of my present charter may always remain secure and established I have affirmed this my charter with the im pression of my seal these being witnesses : John Lord le Warre, Henry Trenchard, WiUiam Spylman, Gordon le Warre, soldiers, John Lord Rector of the church of Schaldefelde, Gordon De Kyngeston, Gilbert de Chalfhunte, Walter de Rubrigge, Eustace Purcher, Henry N , Simon de Gruewoode, John de Badesle, and others. Given at Woditon in the Island the ninth day of June in the 55th year of the reign of kiug Henry (son of king John). We have ratified and confirmed for ever these present gifts and grants aforesaid, holding them in all respects as above secured and sufficient for us and our heirs.

Moreover we have given and granted to our said burgesses and their heirs the whole of the Quay with all things belonging to it together with tolls and stallage anchorage aud wharfage of vessels and boats with the usual perquisites of fairs to be held annually in the same place for ever on the feast of St. Matthew the Apostle and out of this to pay to us and our heirs 2 shillings annually at Easter and Michaelmas in equal portions. Moreover wo will and decree that no one in our said borough shall have or enjoy the liberties derived from toll or any established usages except the burgess so elected or the son of the burgess and that any one appointed in our borough aforesaid ( who for the time shall be as one of the burgesses of the same borough) shall cause to be observed the weighing of bread in the aforesaid borough according to the law and custom of the kingdom of England at all convenient seasons and therefrom pay the fines at two legal periods to us and to our heirs in the accustomed manner.

We have also given and granted to the same our burgesses the market rights in thc High street of the said borough together with the toll and stallage pertaining to the same. B In testimony of wliich deed we have affixed to this indenture both our seal and the common seal of our said burgesses. These being witnesses : Peter Courtenay and others. Given at Tyvertou at the feast of St. Thomas the Apostle in the sixth year of the reign of King Henry the Fourth, after the conquest. The Burrards likewise possess the following Latin copies (1) of confirmation of the above-named Charters by Hugo Conway, knight, and Elizabeth, his wife, who was one of the daughters and heiresses of Thomas Courtenay, first of that family, Earl of Devon, who died 1458 • (2) of a grant of certain privileges to the Burgesses of Lymington from the Corporation of Southampton, in the time of Edward I. • (3) of exemplification of a judgment upon a writ of Quo Warranto, issued 1578 to 1581, in affirma tion of the privileges of the Town of Lymington • wherein the testimony is mentioned of John Mawdett, Georgo Burrard, Thomas Loder, and John Mailer, regarding the Charter of the Countess of Devon, produced in Court, and examined by Gilbert Gerrard, Esq., Attorney of Queen Elizabeth.

It appears by an ancient Quo Warranto that a Fair was established at Lymington, as far back as 1315 — a privilege it probably enjoyed from some charter of franchises granted by the family of De Redvers. Lymington was a Borough in the reign of Edward III., and, as such, had summonses sent to it for the return of representatives to Parliament. But it seems that it had not complied with the precept till 1585,* from which date it always returned two Members till 1867. * " Topographical Remarks," &c, &c, by the Rev. II. Warner The Borrards held lands for many generations under thc Albinis, Lords of Belvoir, from the eleventh till the thirteenth centuries. Upon the treason of William de Albini, about the end of the reign of King John, the lordships of Strathern, Leicestershire ; of Clifton, Bucks • of Oakley, Bedford, &c, &c, escheated to the Crown • and Henry III. granted the above lordships in a.d. 1216 to Sir Simon de Borard, High Sheriff of Bucks and Leicestershire.

A long account of that family of Sir Simon de Borard is recorded in Lipscomb's "History of Buckinghamshire,"* and in NichoU's "History of Leicestershire. " The pedigree of the family is fully entered in the Heralds' College, and in tho Chetwynd, Harleian, Landsdowne, and Cottonian Manuscripts at the British Museum. In these MSS. the name is variously spelt, as Borrard, Borrarde, and Borard. About a.d. 1300, the vast estates held by that family came by marriage to Thomas de Raynes. Names were spelt in a great variety of ways in former times, in consequence of thc general want of education. The name of Burrard is a pure Saxon compound, consisting of Burh or Burgh, a town or city, and Heard, a shepherd or keeper. John Borard received a royal patent, appointing him nineteenth Prior of Christchurch Monastery, in 1397, and he was installed as such on November 18th of that year.

He died 1422. The foUowing inscription is on his tomb on the stone floor of Christchurch Cathedral : " Tumba Vide vol. iv., page 100, at the British Museum Library. Johannis Borard, magistri theologie, prioris decimi noni hujus ecclesiæ." In former times, a few of the Priors had seats in the House of Lords. Mitred Abbots were Lords of Parliament. Twenty-seven Abbots and two Priors were thus distinguished a.d. 1239 ; but the number was reduced to twenty-five in the Parliament of Richard IL, a.d. 1396.* Abbeys differed in nothing from Priories, except that the latter were governed by Priors instead of Abbots. The Prior was next in dignity to the Abbot. It was because certain Abbots and Priors in England, in right of their monasteries, held lands of the Crown, for which they owed military service, that they obtained the title of Lords, and were summoned as barons to Parlia ment ; and from this custom the Bishops in modern times have the same honour.f The Sovereign, in former times, had great influence over the House of Lords ; when the roll of the Lords was very limited in number, and many of them were spiritual peers, who wero nominated by the Sovereign.

Upon the death of Queen Elizabeth, the Upper House of Parliament numbered less than seventy members. Successive monarchs adopted many means to obtain influence over the House of Commons, and, among other measures, often created small Boroughs, practically with a limited number of Burgesses. J Queen Elizabeth made a merit to her people of seldom summon- * Coke Haydn's " Dictionary of Dates." f Maunders " Literary Treasury." \ For an account of Boroughs, sec "Brady on Boroughs," Prynne's " Brevia Parliamentaria," Madox's " Firma Burgi." ing Parliaments. No redress of grievances was expected from these assemblies. They were supposed to meet for no other purpose than to impose taxes. Many ancient Boroughs were exempted from sending Burgesses to Parliament on their plea of poverty • and exemptions from parliamentary duty had been frequently granted, as well to individuals as to Boroughs, upon petition.* The Sovereign mainly governed the nation till the Revolution of 1688.

From that date until 1832, the aristocracy were gradually increasing in power. The Reform Bill of 1832 handed over the political power of the country to the middle classes. Close corporations, in theory, did not return representatives of tho people • but such Boroughs were of advantage to the State, inasmuch as men of high intellectual attainments were often enabled thereby to attain seats in the House of Commons, who, from pecuniary or other circumstances, may be precluded from contesting an election under the present system. The representation of the people is no more perfect now, in theory, than it was previous to 1832. Since the second Reform Act of 1867, Lymington has only had one representative in Parhament. It appears probable that the Burrards had taken part in the business of the Corpora tion of Lymington in very early periods, because the name of Goorge Burrard is entered on the very first leaf of the oldest Town Book as being Mayor in 1574.

Previous to that date, the names of the Mayors and Burgesses are not preserved in the Town Books or elsewhere, except only that * Worsley's " History of thc Isle of Wight." from ancient deeds it is collected who were the gentlemen who held the Mayoralty on six or seven earlier occasions. The name of John Burrard is also inserted as being a Burgess about 1574. George Burrard was likewise elected Mayor in 1584, John Burrard in 1589 and 1597, Ralph Burrard in 1599. Queen Ehzabeth granted a charter under the Great Seal (in 1585) to certain persons, to return the representatives for Lymington. This charter has been lost ; it was probably lost on the occasion of the trial at the Court of King's Bench in 1687, or on the occasion of the legal disputes between the Corporation and the Commonalty of Lymington, resulting from the elections of October 29th, 1695, and of October 9th, 1710.

It may possibly be now in the possession of one of the heirs and assigns of Francis Hanbury (who was Mayor, 1687) • or of Anthony Dawly, Esq., who was Mayor, 1710; or of one of the heirs and assigns of other families who at that period took a leading part in the affairs of the Corporation. It was in this same year (1585) that Newport, Newtown, and Yarmouth (Boroughs in the Isle of Wight) first sent representatives to Parliament, each return ing two Members. Lymington was a Borough by prescription, and was incorpo rated by the name of the Mayor and Burgesses of the Borough of Lymington, consisting of a Mayor and an unlimited number of Burgesses, resident and non-resident, without distinction ;* the Mayor to be chosen annually out of the Burgesses. * Manuscript from Opinion of Counsel, J. Dunning.

(Practically, the number of Burgesses was kept very limited.) There was also a Recorder, or Steward of the Bor jugh, aud a Town Clerk, who have generally been Burgesses. The Burrards held lands round Lymington in Queen Elizabeth's reign ;* but Walhampton was not purchased by that family till 1668. In order to show how largely and rapidly money has fallen in value since the reign of Charles II. , I here state the prices actually paid by various members of that family at different times for the fee-simple of the best arable or pasture land of Barfields : — Iii 1003, the price paid was ilO 10s. per acre. „ 1082, „ „ 12 0 „ 1700, „ „ 28 0 1717, „ „ 20 14 „ 1723, „ „ 27 8 „ 1731, „ „ 31 0 1772, „ „ 52 14 1784, „ „ 62 0 The rent paid for the best land of Barfields, Lymington, in 1767, was £1 2s. 2d. per acre per annum.

A valuation was made about 1772, and it was considered that the laud was fairly worth £2 10s. per acre per annum. In 1873, the same land was worth £5 per acre per annum, and the fee simple had risen in value to £300 per acre. I have stated that George Burrard was elected Mayor in 1584 j so that he filled that important office in 1585 — the very year that the Borough first returned representatives to Parliament. He thus had great power regarding the election of the Mayor to succeed him, at the end of September, 1585. * Vide Wills of the Family at the Bishop's Registrar Office, Winchester. THK ANNALS OF WALHAMPTON. Consequently he must at once have possessed political patronage • for, considering the pecuhar manner in which Mayors were elected, the Mayor of 1585 had, practically, con siderable influence in overruling the selection of Mayors for many years to come.

In order for a family to have obtained and retained influence iu a small corporation like that of Lymington, it was necessary that that family should have possessed the power of electing as Burgesses many of its own relations and friends. It was an ancient rule of the Corporation that no Burgess should be elected without the consent of the Mayor and twelve Burgesses ; but a family of influence, which often obtained the position of Mayor, had considerable power in insuring the election as Burgess of any person they pro posed. The Mayor of each year had the privilege, practically, of electing a Burgess or Burgesses previous to vacating his office. In the event of any person dying during his Mayoralty, it was the ancient usage of the Borough that his duties were performed by the next preceding Mayor, who presided on the occasion of the election of his successor.* As time went on, and many Burgesses had been nominated by members of one powerful family, and by their adherents, and had been elected through their influence, it seems apparent that the Corporation would have been governed by an oligarchy.

It must be considered, however, that the Burgesses, when once elected, often left their party ; self interest or other reasons often induced them to side with other leaders. The Burrards filled the office of Mayor twelve times in the seventeenth century. f " Manuscripts. f Records of the Corporation of Lymington.

Chapter II

I will now endeavour to describe the system pursued for the election of a Mayor. Until 1651, the election of Mayor took place annually on the Sunday preceding Michaelmas Day; then, for a short time after, upon the Tuesday previous to that day ; but, for a century, up to the passing of the Muni cipal Act in 1835, the election was certainly always on the Sunday following the Feast of St. Matthew ; and it is probable that the latter custom prevailed soon after 1651. The Mayor and Burgesses met at the Town Hall (without any notice having been given), and the Mayor (whose year of office was then completed) then and there had the privilege of nominating aud setting down in a book, called the Nomination or Pricking Book, the names of three persons out of the whole body of Burgesses ; out of which three, so nominated by the Mayor, the Burgesses then present, or the greater part of them, chose as many names as, together with those standing and remaining on record at the last preceding year's election, made, in the whole, the number of three, to insert in the Town Book, which was always called the Record.

The last mentioned three names were impannelled, and written one under the other, on record in the said Town Book, with a line drawn against each of their names, as candidates on record for Mayor of the Borough ; and the said record in the Town Book being so made and filled up, the Mayor and Burgesses then present proceeded to elect one of those three to be Mayor for tho year ensuing ; and the Burgesses being called over by the Town Clerk, every Burgess there present voted by making, with a pen and ink, a stroke across the hnc drawn against the name of the candidate on record, for whom such Burgess voted respectively. And when such Mayor was elected, the remaining two candidates on record continued there, and were not removed from the Record till they were respectively elected Mayor or died ; and in either case the vacancies were annually filled up by the Mayor and Burgesses in manner aforesaid.

At the next Michaelmas Court Leet, it was the custom for the chosen Mayor to be presented by the Jury (serving at such Court Leet) to the Steward of the Manor or Borough of Lymington, to be sworn and admitted into the office of Mayor by the Steward, who caused notice to be given by the Parish Clerk, in the church, ou the preceding Sunday, on what day of the following week it was intended to hold the said Court Leet ; and it was the ancient custom of the Borough for the Mayor, after being sworn into his office (if he happened not to reside in the town, or if he absented himself on any occaion), to give a deputation to some other Burgess, to act for him in his absence. But that deputy was never sworn.* The manner in which votes were given, at the election of Mayor, by the Burgesses making strokes with a pen and ink across lines drawn opposite the names of the candidates, originated in times when many of the Burgesses were incapable of signing their names.

Some may now consider that the system of election which I have * Manuscripts. described was contrary to liberty. But tho Crown had the right to grant what charters it pleased. And it tended far more to the welfare of the State, that a few such corporations should have existed, as a balance against the power of Democracy, than that the Communist theory should be carried out, that tho man without any stake in the country should have as large voting power as the man of high position and large property. I will now mention the names of the three candidates at some of the elections for the Mayoralty of Lymington, in the seventeenth century, with the number of votes polled by each. These names are not those that the Mayor first entered in the Pricking Book (from which the Burgesses had to select one, to be then inserted on record in the Town Book), but they are the three names that were actually on record in the Town Book, as being those of the candidates for the Mayoralty. 1072 John Burrard .... a votes.

(Mayor elected.) H. Guidott . . . . 1 Wilham Burrard . . . 1 1076. David Edwards ... 10 votes. (Mayor elected.) Taul Burrard ... 5 William Burrard ... 2 1678. Taul Burrard .... 8 votes. (Mayor elected.) John Button . . ' . . 6 William Burrard ... 2 1079. William Samber ... 15 votes. (Mayor elected.) John Button .... 2 Wilham Burrard ... TflE ANNALS OF WALHAMPTON. 1682. Phinehas Wright ... 10 votes. (Mayor elected.) Wilham Burrard ... 10 Francis Hanbury ... 1 1683. Thomas Dore ... 15 votes. (Mayor elected.) William Burrard ... 12 Francis Hanbury ... 1 1688. Richard Whithed ... 15 votes. (Mayor elected.) Robert Smyth ... 6 John Priaulx .... 1 1091. John Dore .... 8 votes. (Mayor elected.) Sir John Mill, Bart. . . 3 John Priaulx .... 2 1692. John Burrard ... 12 votes. (Mayor elected.) John Priaulx .... 2 Sir John Mill, Bart. . . 0 1094.

John Priaulx .... 21 votes. (Mayor elected.) Henry Hackman ... 1 Sir John Mill, Bart. . . 0 1095. Thomas Burrard ... 16 votes. (Mayor elected.) Henry Hackman . . . 4 Sir John Mill, Bart. . . 3 1696. John Coombes ... 19 votes. (Mayor elected.) Henry Hackman ... 7 Sir John Mill, Bart. . . 1 1697. George Lesly ... 14 votes. (Mayor elected.) Henry Hackman ... 9 William Chappel ... 3 On the occasion of a vacancy in the representation of Lymington, there was an election for one Member on February 11th, 1677. Richard Knight John Button Geoige FulTord Polled 13 votes. (Elected M.P.) 11 8 At the election for two Members to represent the Borough, November 1st, 1680, Henry Dawly John Burrard Polled 23 votes. (Elected M.P.) 21 „ (Elected M.P.) Bichard WMthed, jun. . Sir John Coventry l (Knight of the Bath) J 19 11 At the election for two Members, in 1689, John Burrard . .

Polled 26 votes. (Elected M.P.) Thomas Dore . . „ 15 „ (Elected M.P.) Colonel Windham . . „ 8 John Priaulx . . „ 2 Henry Bromfield . . „ 1 Among the various names just inserted as candidates for the Mayoralty, the Dores, Buttons, Leslys, Whitheds were all closely connected with the Burrards. John Coombes, Richard Knight, and others were their intimate friends. In 1675, there were only fifteen resident Burgesses at Lymington who were privileged to vote at elections. At a Hall held on May 6th, 1684, it was resolved, " That a new Corn Market, with a Town House over it, shall be built upon pillars on the ground whereon the Butchers' shambles had hitherto stood, at a charge noV exceeding £220." The Butchers had satisfaction made them for their shops. A legacy of John Button's, to the amount of £100, was laid out in this new building.* In 1687, a writ of Quo Warranto was issued against the Mayor and Burgesses of Lymington, calling upon them to appear and show the authority by which they claimed to use divers liberties, privileges, and franchises within the Borough.

Whereupon the Mayor — Francis Hanbury, Esq., Lord of the Manor of Walhampton — repaired to London, and having pleaded in the Court of King's Bench at Westminster (through Counsel) a prescriptive right, the King's Counsel did not think fit to proceed further. Roger Mompesson was appointed Recorder of the Borough in 1698. Francis Dickins, Esq., was chosen in his place in 1704, because the former gentleman was Attorney- General in the service of the Crown, in Barbadoes.f The office of Recorder was only that of a Steward. It was not an ancient office. It is evident that in former days there must have been considerable pohtical excitement among the inhabitants of small Boroughs (who were not Burgesses), and much dis content against the principle of the Members of Parliament being returned by small corporations.

For, upon three separate occasions, the inhabitants of Lymington (not being Burgesses) elected representatives in opposition to the members chosen by the Mayor and Burgesses ; viz., on February 4th, 1689, Thomas Dore, Esq., and John Burrard, Esq., were returned by the Mayor. At the same time, * Records of the Corporation. (MS.) t Manuscript. Thomas Jervoise, Esq., and Oliver Cromwell, Esq., were chosen by the Commonalty out of the Hall. (This latter gentleman was the son of Richard Cromwell, and the grand son of the Protector. He resided at Hursley, Hants, and died, 1705, aged 49.) On October 29th, 1695, Thomas Dore and John Burrard were returned by the Mayor, and John Pitt, Esq. (uncle to the first Earl of Chatham), and William Clarke, Esq., were chosen by the Commonalty ; and on October 9th, 1710, Paul Burrard, Esq., and Lord William Powlett were returned by the Mayor ; and John Walter, Esq., and William Forbes, Esq., were chosen by the Com monalty.

Upon each occasion the House of Commons referred the matter to the Committee of Privileges, who in each case reported that, upon the evidence produced, the election for the Borough had ever been, and is, in the Mayor and Burgesses only. Each return by the Mayor of Lymington was confirmed by the Committee of Privileges of the House of Commons. No opposition was ever offered by the Commonalty to the returns of the Mayor in any future election. At the last-named election of 1710, Paul Burrard polled 33 votes ; Lord William Powlett, 31 votes ; John Walter, 7 votes ; and William Forbes, 7 votes. The above votes were all given by the qualified Burgesses. Each of the two latter candidates polled, out of the Hall, eighty-seven of the inhabitants of the town (not being Burgesses).* In 1710 there were about seventy Burgesses ; but, out of that * Records of the Corporation.

C number, only fifteen or sixteen were inhabitants of the Borough ; and it does not appear that there was an increase ever after. The remainder were honorary Burgesses, who were qualified to vote, but were members of influential families who resided in other parts of Hampshire, in the Isle of Wight or elsewhere. At this time there were nearly one hundred other house keepers at Lymington, who (excepting about four of them) all paid to Church and poor, but they had no votes at any election. It must naturaUy have taken a long period of time before any one family attained the complete control of such a Corporation as that of Lymington, as there were probably several influential families among the Burgesses in the sixteenth and seventeenth centuries who contended against one another to obtain the political power.

This is apparent from the fact that, on the 31st of December, 1677, it was ordered by the Mayor and Burgesses (for the express purpose of preventing animosities, and other inconveniences), " That, for the future, the election of Mayor, as well as of Members of Parliament for the Borough, shall be by means of different coloured bullets, to bo provided at the time of such elections, to be placed by each Burgess in a box for that purpose." This measure was carried by a majority of two ; fifteen voted for it, and thirteen against it. The above order, however, does not appear to have been acted upon; an ■, on the 11th of February, 1678, it was rescinded at a Common Hall convened for that purpose.* The Mayor, * Records of the Corporation. during his year of office, could only nominate one Burgess after the year 1721, according to an order then made by the Corporation (unless, at a Hall, such order was repealed by a majority of twenty, which happened in 1727), because it was found necessary to elect several Burgesses to fill up vacancies occasioned by deaths.