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Aylesbury's First Charter of Incorporation, 1554.

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The dispute over the succession to the monarchy after the death of Edward VI, led ultimately to the crowning of Queen Mary. During the uncertain time leading up to this, Aylesbury in particular had been very strong in its protestations of loyalty to Mary, and it is widely held, that the Charter of Incorporation was granted to Aylesbury as a direct result of its support. The text of the charter is given in the section below.


Granted in the first year of the reign of Queen Mary, A.D. 1554.

The Queen, &c., to all to whom, &c., greeting:

"Whereas, our beloved and faithful subjects of our town of Aylesbury, in our county of Buckingham, have humbly besought us for the rule and better government of them, and for the improvement of the said town, that we would vouchsafe to incorporate that town and the inhabitants thereof, and make and create them a body corporate of one bailiff, and of Aldermen and burgesses. Know ye, that we, graciously assenting to the petition aforesaid, and considering that our aforesaid subjects (whose fidelity and circumspection towards us are affirmed, not only by the report of our nobility and faithful subjects, but also by our own certain and royal knowledge), did most faithfully adhere to us in the time of the rebellion lately attempted against us, our dignity, and crown, by John, late Duke of Northumberland, attainted and convicted of high treason, and his confederates, and did valiantly resist the same rebellion; and that our said subjects may the better and more fully perceive our royal affection and favour which for that reason we have and bear towards them, of our especial grace and of our certain knowledge and mere motion, we have granted, and by these presents for us, our heirs, and successors, as much as in us, do grant to the inhabitants of the said town of Aylesbury, that the said town of Aylesbury from henceforth may and shall be a free borough corporate, in deed, fact, and in name, (to consist) of one bailiff, and of aldermen and burgesses, really and fully; we do erect, make, and create by these presents; and that the inhabitants of the said borough from henceforth may and shall be one body corporate and politic, and one perpetual commonalty, in deed, fact, and name, and may have perpetual succession; and that the inhabitants of the same borough, now and for the time being, by the name of the bailiff and aldermen, and burgesses of the borough of Aylesbury, from henceforth may and shall be persons able and capable in the law to have, purchase, receive, and possess lands, tenements, rents, revenues, liberties, franchises, and hereditaments, to them and their successors, in fee and perpetuity, and to do all and singular other deeds and things; and by the same name may and shall be able to plead and be impleaded, answer and be answered, defend and be defended, in whatsoever courts and places and before whatsoever judges and justices, or other persons whomsoever, in all and singular actions, plaints, causes, matters, and demands whatsoever, of what kind or nature soever they be, in the same manner and form as other our liege subjects, persons able and capable in the law may and shall be able to plead and be impleaded, answer and be answered, defend and be defended; and that they may and shall have a common seal to serve for the transacting of all and singular their affairs and businesses. And we will, and by these presents for us, our heirs, and successors, do, ordain, and grant that the said borough of Aylesbury, and the circuit and precinct thereof, and the jurisdiction of the same, shall extend and stretch forth, and may and shall be able to extend and stretch forth, as well in length as breadth as in compass to such and the like bounds, metes, and limits, to which and as the said borough of Aylesbury, and the circuit and precinct of the same, and jurisdiction thereof, from the time whereof the memory of man is not to the contrary, or at any time since or before, have extended and stretched forth and been accustomed to exend and stretch forth (that is to say), in length from the bridge called Glasyers Bridge unto the bridge called Stannebridge, and in breadth from the bridge called Holman's Bridge unto the bridge called Wallbridge. And that it may and shall be lawful for the bailiff, aldermen, and burgesses of the same borough of Aylesbury, for the time being, and their successors, to make preambulation and preambulations thereof, for having the true and better knowledge thereof, as often and when it shall please them, or seem needful to be done. And this without any writ or warrant therefore from us or our successors in this behalf in any wise to be sued out or prosecuted. And we will and by these presents do grant, and of our further grace for us, our heirs, and successors, do ordain that always from henceforth there may and shall be in the borough aforesaid ten of the better and more honest and discreet men and inhabitants of the same borough, who shall be called the aldermen of the same borough, which said aldermen may and shall be able to elect and take to and associate with themselves twelve of the better and more honest men and inhabitants of the same borough, who shall be called capital burgesses of the same borough. And which said bailiff, aldermen, and capital burgesses shall make and be and be called the common council for the borough aforesaid, for all the affairs, businesses, matters, and causes of the borough aforesaid, and touching or concerning the rule and government thereof. And which said bailiff, aldermen, and capital burgesses, or the major part of them for the time being, from time to time may and shall have power and authority yearly and every year, on the first day of the month of September, before the feast of St. Michael the archangel, to elect and nominate one of the said aldermen, who shall be bailiff of the borough aforesaid for one whole year then following. And that he so elected and nominated to the office of bailiff of the borough aforesaid, shall be admitted to the office aforesaid on the day before the feast of St. Michael aforesaid (that is to say), on the eve of the same feast, on which day he shall be duly sworn into the office aforesaid by the steward of the borough aforesaid, in the presence of the aldermen and capital burgesses of the borough aforesaid, or the major part of them. And if and whensoever any such bailiff shall happen to die or be removed from his office within one year after he shall have been appointed and sworn to the office of bailiff of the borough aforesaid, as before mentioned, that then and so often it shall and may be lawful for the aldermen and capital burgesses of the aforesaid borough for the time being, or the major part of them, to elect and appoint another out of them, the said aldermen, to be bailiff of the borough aforesaid: and he so elected and appointed may have and exercise the office of bailiff of the borough aforesaid during the remainder of the said year, and so as often as the case shall happen. And we will and by these presents do, ordain, and grant for us, our heirs, and successors, that whensover it shall happen that any one of the aldermen of the borough aforesaid for the time being shall die or be removed from his place and office of aldermen, that then and so often it may and shall be lawful for the bailiff and other aldermen of the same borough then surviving or remaining, or the major part of them, to elect, nominate, and appoint one of the better and more honest and discreet of the capital burgesses of the borough aforesaid in and to the office of alderman for the borough aforesaid, in in the place of him so dying or being removed. And this as often as the case shall shall happen. And we will and by these presents do ordain and grant for us, our heirs, and successors, that whensoever it shall happen that any one of the capital burgesses of the borough aforesaid for the time being shall die or be removed from his place or office of capital burgess, that then and so often it may and shall be lawful for the bailiff and aldermen and other capital burgesses of the same borough then surviving or remaining, or the major part of them, to elect, nominate, and appoint one other of the better or more honest and discreet inhabitants of the borough aforesaid in and to the office of capital burgess of the borough aforesaid, in the place of him so dying or being removed, and this as often as the case shall happen. And we will and by these presents do ordain and for us, our heirs and successors, grant that in the borough aforesaid there may be and shall be one officer who shall be called the serjeant-at-the-mace, for the execution of process and mandates and other affairs in the borough aforesaid, from time to time to be executed and transacted, which said serjeant and also a constable, and all other necessary officers and ministers of the borough aforesaid, shall be elected and appointed to their offices, from time to time and from year to year, by the bailiff, aldermen, and capital burgesses of the borough aforesaid, for the time being, or the major part of them. And we will and by these presents ordain and for us, our heirs and successors, do grant to the bailiff and aldermen, and capital burgesses of the borough aforesaid, or the major part of them, for the time being, to make, frame, ordain, and establish good and wholesome statutes, ordinances, and constitutions, as well for the better rule and government of the bailiff, aldermen, and burgesses, and other the officers and inhabitants of the borough aforesaid for the time being, in what manner they shall behave and bear themselves in their offices and businesses, for the public good and common weal of the borough aforesaid, as for the better preservation and disposition of the lands, tenements,possessions, and revenues given, granted, or assigned, or hereafter to be given, granted or assigned to the bailiff, aldermen, and burgesses of the borough aforesaid, and their successors, and other things touching or concerning the borough aforesaid and the affairs and business thereof, which said statutes, ordinances, and consitutions we do and will and command by these presents shall be inviolably observed. And that the aforesaid bailiff, aldermen, and burgesses may have, use, and enjoy all and singular their customs and liberties heretofore lawfully used in as ample manner and form as the inhabitants of the said town, or any of them, might have done before the making of these presents: anything in these our letters patent to the contrary in any wise notwithstanding. And know ye, that we have assigned, nominated, ordained, and constituted, and by these presents do assign, nominate, ordain, and constitute our beloved John Walwyn, gentleman, an inhabitant of the borough aforesaid, to be the first and modern bailiff of the said borough of Aylesbury, and that he may and shall be and continue in the office of bailiff there until the feast of St. Michael, the archangel, next coming, and from the same feast until another shall be appointed and sworn in that office, if the said John Walwyn shall so long live. And also, we have assigned, nominated, ordained, and constituted, by these presents do assign, ordain, nominate, and constitute our beloved the said:

 

JOHN WALWYN,

JOHN BOSSE, esquire, RICHARD FRYER,
WILLIAM ANNE, esquire, THOMAS DALE,
ROBERT WOODLEF, gentleman, WM. ATKYNS,
THOMAS BERDE, gentleman, THOMAS MUNDAY, and

WILLIAM BALLARD,

Inhabitants of the said borough of Aylesbury, to be the first and modern Aldermen of the said borough of Aylesbury, as long as they shall well behave themselves in that office. And also we have assigned, nominated, ordained, and constituted, and by these presents do assign, nominate, ordain, and constitute our beloved

 

EDWARD CUTLER, WILLIAM TOMES,
JOHN HYNDE, ROBERT GOLDYNG,
ROBERT FORDE, HENRY PARREL,
RICHARD DUNCOMBE, EDMUND WULF,
RICHARD HYCHENDON, ROBERT BROOKE, and
WILLIAM HALES, ANTHONY FUNDALE,

Inhabitants of the said borough of Aylesbury, to be the first and modern capital burgesses of the said borough of Aylesbury, as long as they shall well behave themselves in that office. And we will and by these presents for us, our heirs, and successors, do grant to the aforesaid bailiff, aldermen, and burgesses of the said borough of Aylesbury and their successors, that from henceforth for ever they may have and hold and may and shall be able to have and hold one market on Wednesday in every week, in the said borough of Aylesbury, for horses and other cattle, and things whatsoever, and two fairs there yearly to be holden and kept (that is to say), one fair to be holden there yearly on the Feast of the Annunciation of the Blessed Virgin Mary, and on the eve and morrow of the same feast, and the other fair to be holden there yearly on the Feast of the Invention of the Holy Cross and on the eve and morrow of the same feast, together with a court of Pie Poudre there during the time of the same fairs, together with the stallage, piccage, fines, amerciaments, and all other profits, commodities, and emoluments whatsoever coming, chancing, arising, or happening from such markets or fairs and court of Pie Poudre, and with all liberties and free customs, appertaining or belonging to such markets or fairs. And we will and for us, our heirs, and successors, by these presents do grant to the aforesaid bailiff, aldermen, and burgesses of the borough of Aylesbury aforesaid, and their successors, that the burgesses, men, and inhabitants of the same borough, for the time being, are and shall be acquitted and discharged from soe, sac, stallage, pontage, lastage, piccage, tallage, and toll, as well by land as by water, through our whole kingdom of England, as the men and inhabitants of the same borough have been accustomed and used to be acquitted and discharged from the time whereof the memory of man is not to the contrary. And we will and by these presents do grant to the aforesaid bailiff, aldermen, and burgesses of the said borough of Aylesbury, and their successors, that they from henceforth for ever may have and hold and may and shall be able to have and hold one Court of Record in the borough of Aylesbury aforesaid, to be holden monthly before the bailiff of the said borough for the time being, concerning pleas, plaints, and personal actions, debts, accounts, trespasses, covenants, contracts, detinue, and contempts, arising, and happening, or to happen, within the said borough of Aylesbury, and the jurisdiction thereof: so that, nevertheless, such debts, damages, or suits do not amount to the sum of one hundred shillings, and that such pleas, plaints, and actions be heard and determined there by such, and the like process, as shall be agreeable to our common law and as in any court of record hath heretofore been used and accustomed, and ought to be done concerning such pleas, plaints, and actions; and that the serjeant at the mace of the said borough of Aylesbury for the time being shall make and execute all juries, panels, inquisitions, attachments, precepts, mandates, warrants, judgments, processes, and other things whatsoever touching or concerning the suits aforesaid, or any other suits in the town and borough of Aylesbury, as he shall be commanded according to the exigence of the law, and as in like cases hath heretofore been used or ought to be done in any other Court of Record. And that the bailiff, aldermen, and burgesses of the said borough of Aylesbury and their successors may and shall have all fines, amerciaments, and other profits arising, chancing, or happening from and in the court aforesaid, or by reason or force of the said court. And we will and by these presents do ordain and grant that one of the aldermen of the borough aforesaid, for the time being, to be elected by the bailiff and aldermen of the borough aforesaid, from henceforth may and shall be the justice of us, our heirs, and successors, to preserve the peace of us, our heirs, and successors within the aforesaid borough, and have full power and authority to preserve the peace of us, our heirs, and successors, and to do and execute all other things which to a justice of the peace of us, our heirs, and successors, in any county in England do belong, to be done and executed for the good keeping of the peace of us, our heirs, and successors, and the quiet rule and sound government of the people, of us, our heirs, and successors, in all and singular their articles within the borough aforesaid, according to the force, form, and effect of the statutes and ordinances thereupon made, and to cause all those whom they shall find tresspassing against the force and effects of the statutes and ordinance aforesaid to be punished according to the law of our land, and to hear and determine all and singular those things according to the law and custom of our kingdom of England, as fully and entirely and in as ample manner and form as the justices of the peace in the county of Buckingham or elsewhere within our kingdom of England heretofore have had and exercised, or shall have or exercise, in future out of the borough and liberty aforesaid. So nevertheless that the said justice of the peace, within our borough of Aylesbury aforesaid, for the time being, do not proceed to the determination of any felony without the special command of us, our heirs, and successors, saving always to us, our heirs, and successors, all and singular fines, amerciaments, redemptions, and other profits arising or growing from the office of the said justice of the peace. And further of our more ample grace, we have granted, and by these presents for us, our heirs, and successors, do grant to the aforesaid bailiff, aldermen, and burgesses of the borough aforesaid, and their successors, that they and and their successors may have for ever the return of all our writs and the attachments and executions thereof, so that no sheriff or other bailiff or minister of us, our heirs, or successors, may enter the said liberty and execute any writs and summonses or attachments or any other office there, unless in default of them the said bailiff, aldermen, and burgesses, and their successors, and other their ministers there. And moreover, of our especial grace, we have granted and by these presents for us, our heirs, and successors do grant to the aforesaid bailiff, aldermen, and burgesses, that the aforesaid bailiff for the time being to be elected for one year, so often as he shall be so elected bailiff, may and shall be the escheator and coroner for us, our heirs, and successors, and clerk of the market of us, our heirs, and successors, within the borough aforesaid and that he may do and execute all and singular those things which to the offices of escheator, coroner, and clerk of the market, do appertain and belong, to be done and performed within the borough aforesaid, and that he shall take the oath concerning those offices of escheator, coroner, and clerk of the market, to be well and faithfully done and executed by him the said bailiff, before the old bailiff or the aldermen and capital burgesses of the borough aforesaid, before that he shall take upon himself the offices of esheator, coroner, and clerk of the market; and that no other escheator, coroner, or clerk of the market of us, our heirs, and successors, may in anywise enter the said borough or precinct thereof, or intermeddle themselves there to do and perform anything there which to the offices of escheator, coroner, or clerk of the market doth belong, to do and perform there. And also we have granted and by these presents for us, our heirs, and successors, do grant to the aforesaid bailiff, aldermen, and burgesses of the aforesaid borough of Aylesbury, and their successors, that they from henceforth for ever may make and have the assay and assize of bread, wine, and ale, and of all other saleable victuals whatsoever; and also the correction and punishment of the same, and of every parcel thereof, as often and when it shall be needful; so that no clerk of the market of us, our heirs, or successors, may enter the said borough for the doing or exercising any thing belonging to his office. And moreover, of our further grace, we will and by these presents for us, our heirs, and successors, do grant to the aforesaid bailiff, aldermen, and burgesses, and their successors, that they may have for ever a prison or gaol, to be limited and assigned in any convenient place within the borough aforesaid, according to their discretions, for the safely and sucurely keeping there, by the aforesaid bailiff, aldermen, and burgesses, or their deputy, or their stewards of the said borough, all and singular the persons from time to time apprehended or taken within the borough aforesaid, and all other persons for any cause happening to be committed to the prison or gaol aforesaid, until they shall be delivered therefrom according to the form of the law. And further, of our more ample grace, we have granted and given licence, and by these presents for us, our heir, and successors, do grant and give license to the aforesaid bailiff, aldermen, and burgesses of the said borough of Aylesbury, and their successors, that they shall be able to purchase, take, and have to them and their successors, lands, tenements, rents, reversions, possessions, and hereditaments within the said borough of Aylesbury, and the liberties thereof, to the annual value of £20, from whatsoever person or persons willing to give, bequeath, sell, grant, or assign the same to them and their successors. So that the aforesaid lands, tenements, rents, reversions, possessions, and hereditaments be not holden to us, our heirs, or successors, by knights' service, or in soccage, or in capite, or any other person or persons by knights' service. And such lands, tenements, annuities, rents, possessions, and hereditaments to the aforesaid annual value, to give, grant, sell, assign, and bequeath to the said bailiff, aldermen, and burgesses, and their successors, we have likewise given and granted especial license to have and to hold to them and their successors as aforesaid for ever; and this without any other writ of ad quod dampnum, or any other royal mandate, or any inquisitions thereupon to be taken and returned into our Court of Chancery, and without any any other writs or royal letters patent in this behalf to be sued, made, or had; the statute concerning the not putting lands and tenements in mormain, or any other statute, act, ordinance, or provision, or provision published, made, or ordained to the contrary notwithstanding. And also we will and by these presents for us, our heirs, and successors, by these presents do grant and ordain that there may and shall be in the said borough two burgesses of the parliament of us, our heirs and successors. And that the said bailiff, aldermen, and burgesses of the said borough of Aylesbury and their successors, upon the writ of us, our heirs, and successors, concerning the election of burgesses to parliament to them directed, may and shall have the power, authority, and liberty of electing and nominating two discreet and honest men of the said borough, to be burgesses of the parliament of us, our heirs, and successors for the said borough. And then the said burgesses so elected shall send to our Parliament wheresoever it shall be then holden, at the charges and costs of the said borough and the parish and commonalty thereof, in the same manner and form as hath been used and accustomed in other boroughs of our kingdom of England; which said burgesses so elected and nominated we do will shall be present and abide at the Parliament of us, our heirs, and successors, at the charges and costs of the said borough of Aylesbury and the commonalty thereof during the time in which such Parliament shall happen to be holden, in like manner and form as other burgesses of Parliament in whatsoever other boroughs within our kingdom of England do or have been accustomed to do. And which said burgesses in such Parliament of us, our heirs, and successors, shall have voices as well affirmative as negative, and do and execute all and singular other things there which other burgessses or burgess of our Parliament, for whatsoever other boroughs or borough, have, do, and execute, and may and shall be able to have, do, and execute by any reason or means whatsoever. And also we will and by these presents do grant to the aforesaid bailiff, aldermen, and burgesses of the said borough of Aylesbury, that they may and shall have these our letters patent in due manner made and sealed under our great seal of England, without fine or fee, great or small, to us in our Hanaper or elsewhere, to our use therefore in any wise to be rendered, paid, or done. Although express mention, &c. In witness wherof &c. Witness the Queen at Westminster, the 14th day of January.

By writ of Privy Seal, &c."


The Corporation of Aylesbury was however very short lived, as it was found very difficult to fill up vacancies caused by death. The authority of the Corporation was obviously in direct conflict with the chartered rights of the then lord of the town, Sir Thomas Pakington, and later the townspeople, in a petition, had stated that 'they durst not make use it'.