The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-01-24 00:00:00

(Sittings in Eamon, before the Lord Chief Justice COOK.
BURN, and Justices CROMPTON gad BLACKBURN.

COURT OF QUEEN'S BENCH--.TAN. 18.

WERE v. THE JUSTICES OP DEVON.
This was an appeal from the Devon quarter sessions,
on the part of the borough of Bradninch, against the
county and police rates. The case differed from the
ordinary nature of ouch cases from the historical associa-
tions connected with the borough, and the antiquity of
its charters. The borough, parish, and liberty of
Bradninch, in the county of Devon, is part of the
possessions of the Duchy of Cornwall. It is a very
ancient borough, and is 00-extensive with the parish,
and has from time to time received charters of privileges.
Charters have also from time to time been granted to
the Earls and Dukes of Cornwall. In the 10th of John
(A.D. 1208) a charter was granted by the Crown to
Henry, the son of Reel Reynold, for holding • fair
yearly, to continue for four days. In the Record Office
there is a roll endorsed, "Extract, of Inquisitions made
by the command of our Lord the King, in the counties
of Oxford, Berke, Buckingham, Bedford, Cambridge,
Huntingdon, Devon and Cornwall, concerning the rights
and liberties of our Lord the King subtracted, and the
excesses of sheriffs, coroners, escheatoni, and all other
bailiffs whatsoever of our Lord the Bing, in any
manner touching our Lord the King." In
the 4th year of the reign of King Edward,
son of King Henry, le contained an inquisition of
which the following is • translation :—" Borough
of Barney.. The jurors of the said borough say that
ihe manor of Barney. was an ese.heat of our Lord King
Henry, father of our Lord the King that now is, by the
death of William de la Londe, because he died without
heir, and the same lord the King gave the same manor
to Richard his brother, with his wife Lench in free
marriage, and to the hairnet the body of the said Lench,
and they say that Edmund Earl of Cornwall now holds
the said manor, but by how many fees, and by what
services they know not; and that it is worth yearly £3O,
and has a gallows, a pillory, and tumbrell assize of
bread and ale, and estreate of writs and pleas of
withernam, • warren, and other Royal liberties." King
James I. in the second year of his reign granted another
charter to the borough. It recites that "the borough
of Barneys, otherwise Bradninch, bad from time to time
whereof the memory of man is not to the contrary, used
and enjoyed divers liberties, customs, and immunities
by reason of divers prescription and custom. of old used
in the said borough, and whereas our well-beloved
subjects, the mayor and burgesses of the borough dere-
said, have most humbly besought WI to show and extend
our Royal favour and munificence to the said mayor,
&c., and for the better governanoe and rule of the said
borough, we would condescend to ratify, confirm,
approve, make, restore, constitute, or create by our
letters patent into one body corporate and politic, the
said mayor and burgesses, Iza, we being willing that
from henceforth and ever there may be constantly
one certain and undoubted means in our said
borough of and for the keeping of our peace,
and for the rule and governanoe of the same
borough and our people inhabiting therein and
others resorting thereto, and that the said borough may
for ever hereafter be and remain a borough of good
peace and quiet, to the fear and dread of evildoers, and
to the reward and support of the good." The charter
appoints the first mayor, and directs how the masters,
who are to assist him and act as justices, are to be
elected ; and besides being justices to keep the peace
they are to cause to be kept and corrected the statutes
concerning artificers and labourers, weights and
measures, and inquire concerning whatsoever trespasses,
misprisons, and other minor offenses, defaults, and
articles done, &c., within the borough ; but that they
shall not hereafter in any manner proceed to the
determination of any treason, murder, or felony, or of
any other matter touching the loss of life or limb within
the borough. The charter also contains • provision for
the election by the mayor and burgesses of a recorder
for the borough.
Mr. Kerslake, Q.C., and Mr. Lopez, appeared for the
justices (the respondents) ; and Mr. Coleridge, Q.C., and
Mr. Kingdon for the ai prllants.
Mr. Kerslake said the question for the consideration
of the Court was, whether the parish and borough of
Bradninch was liable for county and police rates. The
principal point was with reference to the county rate,
and the learned counsel contended that by the 15th and
16th Vic., c. 81, sec. 51, the justices for the county had
power to make the rate on the parish and borough.
He denied that the borough had a jurisdiction for the
trial of felonies or anything affecting life and limb, but
only such powers of hearing and determining as applied
to the justices of the county, and that there was a
concurrent jurisdiction of the two bodies within the
borough.
Mr. Coleridge said that up to the present time the
borough claimed the right, and did try felonies and mis-
demeanors the Atone as the county sessions.
Xr. Justice Blackburn said he supposed the appellants
relied upon the usage of 200 years under Limiest charter,
which implied a previous usage of the same kind
unless it could be shown to the contrary.
Mr. Coleridge said yes; and be relied on the works
of the last charter that the borough was to enjoy all the
liberties they had hitherto enjoyed..
Mr. Kerslake said it was sufficient for him if he
showed there was no charter for holding sessions within
the borough, and that the mayor, recorder, and justices
of the borough only bad a concurrent jurisdiction with
the county justices.
Mr. Justice Crompton said if reliance was placed on
the old documents granting the manor to Edmund,
Earl of Cornwall, containing the words "gallows,
"pillory," and " tumbril," he was inclined to think
it was a grant of the power to the manor only, and not
to the borough.
Mr. Coleridge urged that the later charter of James
confirmed the borouch in all their previous privileges,
and in speaking of felony the Cosset moist bear in mind
that the word "felony" in those times referred only to
capital offences, which were not tried at sessions. The
recorder and justices of the borough had for ever held
their sessions, and heard such charges of felony as were
now tried and determined by county justices in quarter
sessions. _ _

After considerable argument,
The Lord Chief Justice, in delivering the judgment
of the Court, said they could not add a clause to the
charter so as to give an exclusive jurisdiction.
Indeed the words of the charter distinctly led to the
inference that such an exclusive jurisdiction did not
exist. The judgment would be in favour of the mating,
but without costs. _

Judgment accordingly.
THE MAYOR OE WEYMOUTH V. NUGENT.

The Lord Chief Justice said this was a ease of some
importance, involving as it did the rights of the Crown,
and seeing the Solicitor-General in waiting, he thought
it had better be postponed until such time as Mr.
Justice Mellor had recovered from his indisposition, so
that it might be heard by the full court.