The Freemen Of Hale

The Mediaeval Period (14th century)

In 1304 Hale took its first strides towards becoming a seigneurial borough when Robert de Holland, as overlord of Hale, procured a Charter

granting him the right to hold a market and fair at Hale.

In 1889 the Government published a list of market and fair charters as part of a report on the existing state of

market tolls and rights. The list had been prepared from a MSS volume in the Public Record Office styled `Palmers

Index No.93` and is beleived to contain a complete list of all letters patent and preserved in the PRO relating to markets

and fairs in England from the reign of King John to 2 Ed.I.V Hale is listed under Lancashire 32 Ed.1

The charter obtained for Hale stated that the market be held every Tuesday and the fair on the eve, day and morrow of St.Mary Magdalene(21-23 July) usually the saints day or Holy day of the local church. The word `fair` is derived from the latin `Feria` - the ecclesiastical term for Saints Day.

Wakes, fairs and markets were still held annually at Hale during the 19th century. In 1851 Edrward M.Pye wrote; " In addition to the well known festival of Hale Wakes a fair is annually held in the village. These occur at different times of the year and continue usually for two ar three days; they are regarded as holidays by the country folk and are much frequented by the great numbers of persons from the neighbouring districts."

Charles Poole, author of `Old Widnes and it`s Neighbourhood` (1906) states that "near the centre of the village green formely stood town hall and market place. Against the wall of the market house were fixed the public stocks; here also were five stalls occupied during the fair time for the display of toys and pedlary"

Although no records survive concerning the market hall at Hale during the 14th century they were usually administered independently of, and superseded, the manorial courts of the day of the market. The steward of the Lord headed a team of officers whose duties were administered through the "Pie Poweder Court", a term derived from the French `Pieds Poudreux` meaning literally "dusty footed". These were itinerant officers who used their powers to dispense justice and fine offenders through the court. They consisted of Aletasters (who dealt with the assize of bread and ale), the Aulnager (a Royal officer who assessed the quality of woolen cloth), the Leather Searcher (who examined and stamped leather with die or seal) the Ponderator (who checked the weight of goods) and the Overseer of the market who was the Mayor`s representitive in the case of a borough. Rules ranged from the right of locals to trade in advance of outsiders or stallingers who were also burdened with tolls: the purchase of goods en route to the market for resale was deemed illegal as also was the sale of goods after the close of the market on fine or forfeiting double the value of the goods.

A settlement at Hale was already established by the 14th century under the manorial juriisdiction of the Ireland family of the Hutte in Halewood. Robert de Holland, as Overlord of Hale and secretary to the Earl of Lancashire, having established a market and fair in 1304 must have conceded some of his franchises in Hale by the time his estates were confiscated in 1322 are references in deeds and grants to both burgage plots and a mayor of Hale. At this early stage of borough development the Burgesses were not a cohesive group acting as a single body but merely individuals with burgage tenures in common.

In Robert de Hollands Rental Roll of Hale (1323) are listed `Tenants of Burgages` - William Hauk holds 1 messuage and 1 burgage, and renders yearly, 12d; William de Ditton, 1 mess, and 1 burg.,12d; William Morell, 2 burg.,2s; John son of Stephen, 1 burg.,12d; William son of same, 1 burg, 1 burg.,12d; the heir of Richard de Hale, 2 burg., 2s; Adam le Baker, 2 burg., 2s; Adam de Hulme, 1 burg., 12d; Robert del Heye, 1 burg.,12d; Roger del Heye, 1 burg.,12d; John le Crouther, 2 burg.,2s; John de Barton, 1 burg.,12d; Henry del Heye, 1 burg.,12d.6d; Adam le Baker, 1/2 burg.,6d;

Sum of burgagers, 171/2; sum of money 18s

Richard de Hale as mentioned above is probably the same person refered to as Mayor in three other documents as set out as follows:-

(1) 1317, 25 Nov. Grant. Rob.de Maghale to Rob.s. Adam de Hibernia

Half section in Kirkedale in the oldefeld, betw. lands of Rob.de Kirkedale and Jordan de Rixton. Wtn; Will. de Huyton, Thos. de Stonbrugelegh, Rob de Kirkedale, Roger de Sonky, Ric. the Mair of Hale

(2) 1320/1, 22 Mar. Indenture. At West Derby. Agreement betw. John de Wolueton and Rob.de Hasillendence concerning the purchase and sale of tnt. of John at Blakemor and the payment of money for the same tnt., namely John has received from Rob. £10 to warrant the tnt. and if he has not done so the tnt. shall be recovered by Hugh the reeve or another by process of law and John will repay the £10 within 15 days of the recovery. And when the right to the tnt. has been terminated in the Kings Court especially by writ of novel disseisin so that Rob. may be secured of the tnt.then Rob. will grant the payment of £10 to John. Rob`s expenses being allowed. The parties are mutually bound to distraint of the Bailiffs of the earl of Lanc. and the Bailiffs of Sir Rob.de Holland. Witn.Thos.de Hale, Ric del accres, Will. de Heeht, Ric. le Maire of Hale, Ric. de Bolde.

(3) A comprehensive list of tenants as Will in Robert de Holland`s Rental of 1323 inclides `Richard le Mayre, 31/2a. and 1r.1/3r., each a. at 12d., 3s.10d;`

Evidence on the ground of the location of burgage plots in Hale is at

present speculative, but it has been suggested that the long narrow

plots lining the High Street, served by back lanes,i.e. Pepper Street

and Popular Lane (stopped in 1823) may represent the plan of the

burgage plots.

Each would consist of a long narrow plot of land on which a messuage

or dwellinghouse would be erected (one of which , dated 1665, remains

today) and attatched to these would be a selion or strip of land in each

of the open Townfields adjacent to Within Way which are identified on

an estate map of 1836.

The precise date of the establishment of a borough at Hale is uncertain

but as most boroughs post-dated the Market Charter (1304) and the

first reference to `Ric. the Mair of Hale` is in 1317, we can

speculate that the date must be or could be between 1304 and 1317.

Prior to the 14th century invitations to occupy burgage plots were in the form of `Letters Patent` conferring certain privileges of protection as an induccement to potential tentants and were not technically Charters Of Incorporation. As it was onconceivable at this period for a group of individual burgesses with privileges to be considered as any entity or a corporation that has an existence distinct from that of individuals who compose it, the notion of a Charter Of Incorporation had not yet materialised. The idea of a single corporate body only slowly struggled into existence and until such a time the borough`s total independence from intereference from its feudal lord was limited. Only those boroughs which survived this period of evolution became truly independent enabling them to carry out deeds as though they were a single lord as distinct from a group of individuals. When the borough learnt to regard itself as a corporation capable of holding property, of suing and being sued in law-courts, with a single head in the Mayor to represent it, it could then consider itself as an independent borough in the same way as the Lord Of The Manor, as an individual, was in control of his own manorial jurisdriction.

Without a Charter Of Incorporation a borough was exposed to attemts by the Lord Of The Manor to undermine its validity as na independent jurisdriction. A number of boroughs particularly in North-West England, including Manchester in 1359, fell victim to the 14th century inquiries into their claims to burgage privileges. Borough rights were often formally cancelled and the manor courts resumed control over the burgage plots, reducing the settlement to the status of a market town. In the absence of documentary evidence it is difficult to ascertain the actual case at Hale but it is certinly true that the burgage tenures ultimately reverted to manorial control and the borough failed to develop beyond its fledgeling state.

Competition from neighbouring boroughs such as Liverpool may also have contributed to its demise along with a general deterioration in the economy of the country. It may also have failed to attract enough tenants to ccupy its burgage plots in order to sustain its momentum and expansion as a borough. In an area where manorial tenure was less serve eslawhere, the security of monarial control may have been a more attractive option than the uncertainties of a small speculative borough.

The Independence of Mediaeval Boroughs

One of the most important grants to a flegeling borough was that of the `farm` of the town (firma burgi) i.e. the right to collect and receive the dues of the town including the burgage rents, the tolls of the market and fair and trade dues from `foreigners` which gave the borough a degree of financial independence enabling it to act as an independent body.

Until such time, it was the Lord of the borough who would receive the revenues of the town and he was at liberty to dispose of these privileges to whomsoever he wished including burgesses themselves. It was his own bailiff who collected the dues on his behalf, but when the grant of the fee fam lease was made to the borough for an annual payment, the role of the Lord`s bailiff became the responsibility of the Mayor who, in this case of Liverpool, was himself the chief of two bailiffs (Major Ballivus). The first reference in that town toa Mayor was "Willimo fil Ade tune maiore de Lyverpull" i.e. William Son Of Adam in about 1348-51.

At Hale a Mayor is first recorded in 1317 as a witness to a grant - Ric.the Mair of Hale. What powers he held can only be conjectured, but his existence points to some attempts by the burgesses to organise themselves into a unified group under his authority. There is no written evidence to date that gives any indication of the degree of independence of the borough at Hale or that it remained held the farm of the town, Thus we can only assume for the time being that it remained under the control of the Lord Of the Borough, Robert de Holldand, until the confiscation of his estates in 1322 for his part in the rebellion against EdwardII. Ironically it is this event and the subsequent inquiry into the extent of Robert de Holland`s estates that reveal the number and names of the burgesses at Hale.

Apart from the privileges of free trade granted to the individual burgesses, we have to assume, that in the absence of any extant charters, that no further prvileges or powers were confered on the borough at this period. Although the burgage tenures may well have remained functional with all their privilages in place for many years, the extent to which the burgesses could control their own affairs was very limited.

The concept of borough status was to change through time. Whilst in the early mediaeval period the definition of a borough was based purely on the existence of burgage tenure, by the 13th century other descriptions such as "villa" or "villa meratoria" were used to describe towns in general. The term "borough" came to denote the more privileged towns that had obtained new charters granting further liberties. By the late 13th century some of the larger towns were required to send two Burgesses to Parliment who were elected by their fellow Burgesses. This privilege signalled the beginning of Parliamentay Boroughs and parliamentary representation came to be viewd as the definition of Borough status. By this time burgage tenure was nolonger a sufficient mark of borough status. If the latter was to be maintained, the burgesses or freemen would require total independence from their fuedal lords and ultimately to represent themselves in Parliament.

The Gild Merchant - Its imprtance in the survival of the Borough

Although burgage tenure gave a degree of freedom to the burgesses in terms of their obligations to thier Lord, they were essentially grants to individualls and not to a community. Neither William the Conqueror nor his son, William Rufus, were prepared to introduce into England the continental system of granting communal privileges to boroughs. It was not until after 1100 that the larger towns were granted trading privileges and a measure of self-government, and not until the reigns of Richard I and John, two kings who wee financially overstretched, that smaller towns could hope to purchase a charter.

The grant of a Gild Merchant would extend to privileges of free trading to a broader population and not just to individual burgage holders. It was the Gild Merchant, with its degree of self-government, that would ensure the survival of the mediaeval borough and not burgage tenure alon.

Whilst all burgage holders were entitled to membership of the Gilds, others in the community could be elected, or the sons or appretices of freem could be admitted. Outside the immediate community "foreigners" (as they were termed), could join but usually paid a substantial "hansa" (enterance fee).

All members of the Gild (burgage holders or not), having paid their "hansa", enjoyed the privilege of free trading in the borough. The Gild Merchant, through its own courts, regulated the trade of the borough, fixing the terms on which "foreigners" could trade in competition with gild members. These privileges protected the trade of the burgesses by restricting the free use of the borough market to themselves.

There was probably little distinction between the Gild-Court and the Portmanmoot, both being largley composed of the same people. All burgesses could become freemen of the gild (allthough not all did). As time progressed it was election as a freeman that determined the right to privileges of free trade rather than possession of a burgage tenure. The holding of the latter no longer gave exclusive rights to privileges and was still subject to the vagaries of the Lord, unlike the Gild which was independent of any feudal interference. The term "freeman" and "burgess" became interchangeable and although occupation of a burgage plot carried with it automatic membership of the Gild, the title of "Burgess" was gradually eclipsed by that of "Freeman".

Unlike the Gild, the borough based soley on burgage tenure had no reveue of its own (the fee-farm went directly to the Lod of the Borough). The Gild, on the over hand, had the hansa paid by it`s members and payments from foreign traders (non members of the Gild). It could also levy rates on members for special purposes (e.g. obtaining a new charter). This revenue belonged to the community and meant that the Freemen could act as a body rather than as individuals and it was not wholly exausted by the payments of the fee-farms rent. A disposable revenue could now be used for the common benefit such as the building of a common haal, predeccessor to the town hall, at the side of the market place.

The survival and continued development of the borough system can be largely attrubuted to the grant of a Gild Merchant which, with its own revenue and court, could act as a single entity. It was a privilege granted to the Borough as a whole and not only to the Burgage holders. The absence, in any records, of a gild at Hale could have been a contributory factor in the eventual demise of Hale`s burgal status as, like other boroughs in the area such as Widnes, Farworth, Roby and West Derby, it lacked the protection of an independent organisation and was exposed to feudal interference. All the evidence of Hale`s burghal origin (i.e. burgage tenures, Ric le Maire and townsfields) and its subsequent reversion to manorial control suggests a close of connection to the rise and fall of Robert de Hollan by whom Hale received its charter for a market and fair in 1304. Following the confiscation of his estates in 1322 no further reference to Hale`s burghal period appears in the records.