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Charter of 32 Elizabeth I, incorporation of the City of Bath

Reference Number: BC/1/1/1/20
Level of Description: Item
Title: Charter of 32 Elizabeth I, incorporation of the City of Bath
Date: 04 September 1590
Extent: Extent: 1 item, 4 membranes
Description: Charter of Incorporation of the City of Bath, confirming and defining the rights, privileges and duties of the city.

At the request of the Mayor, Aldermen, citizens and inhabitants of Bath, the charter grants that the City of Bath shall be recognised in law, practice and name as a corporate body in its own right. The Mayor, Aldermen and citizens of the city and their successors are granted perpetual succession and the right to acquire, receive and retain lands, tenements, liberties, privileges, jurisdictions, franchises and hereditaments of any kind, either in fee and perpetuity, or for any other estate, term or interest. Also granted is the right to give, grant, demise, alienate, assign and dispose of lands, tenements and hereditaments. The Mayor, Aldermen and citizens are also granted a Common Seal, with authority to break or change it as required.

The charter then sets out the structure of the city’s government, including the procedures of election and succession for its officers. The city is to have one Mayor, eight Aldermen (or between four and ten), 20 of the best and most worthy citizens forming the Common Council and to be known as Chief Citizens, a Recorder (who should be knowledgeable in English law), a Common Clerk and/or Prothonotary, two Bailiffs, a Chamberlain and Receiver, two Sergeants-at-Mace and other officers. Anyone (excluding the Recorder and Common Clerk) who refuses to take office can be held in gaol until they accept their role and can also be subject to reasonable fines.

William Sherston is appointed as the first Mayor. He shall hold office until the feast of St. Michael the Archangel [29 September] when another citizen of the city is to be elected, and this will be the case annually. The first Aldermen elected are: William Cavell, George Pearman, William Walley, John Chapman the elder, John Walley the elder, Thomas Fitch, John Sachfeld and John Walley the younger. They shall continue in office as long as they uphold their duties. If any Aldermen die or are removed from post, then it is the right of the Mayor, the other Aldermen, and the Common Council to nominate a replacement.

Members of the Common Council are nominated by the Mayor, Recorder and Aldermen, and are to assist and advise the Mayor, Justices, Aldermen and Bailiffs in all matters of the city.

John Court is elected as the first Recorder of the city and William Price to be the first Common Clerk and Prothonotary. The Common Clerk is also to serve as Clerk of the Peace.

The charter also grants the right to the Mayor, Aldermen and Common Council the right to make inhabitants of the city free citizens or Burgesses of the city. They will be bound by oath to serve the Mayor, Aldermen and Common Council in all lawful commands.
The charter grants the right for the Mayor, Aldermen and Common Council to hold convocations within the city’s Guildhall to discuss and establish statutes, laws and ordinances for the governance of the city.

The charter defines the boundaries of the city and its precincts and confirms the right to formally inspect and confirm these (perambulation).
A Court of Record is established. It is to be held weekly on Mondays before the Mayor, Recorder, two Aldermen and the Common Clerk. The Court will handle all manner of pleas, actions, suits and claims arising within in the city, suburbs and precincts. The city is also authorised to maintain a gaol, with the Bailiffs as keepers.

Judicial and administrative privileges are granted, including a Court Leet with view of Frankpledge to be held twice a year in the Guildhall, return of writs [right to execute writs], jurisdiction over all manner of pleas, Assize of bread and other victuals, and Courts of Piepowder [Courts which dealt with issues or disputes arising from markets].

The Mayor and certain officers are appointed Justices of the Peace within the city. They have the right to arrest and examine any offenders within the city. They are to have powers equivalent to county Justices, and jurisdiction free from interference by county officials. They are also granted the power to impose fines and punishments, including imprisonment of all offenders of the law, without interference from the Crown, as long as these are in keeping with the laws and statutes of the realm.

The Mayor is appointed Clerk of the Market and Coroner of the city and may act in these capacities without interference from the Crown’s Clerk of the Market or Coroners.

The charter grants the Mayor, Aldermen and citizens any fines and forfeitures from offenders who committed their offence within the city. These are to be levied by the Mayor or Bailiffs for the use of the Mayor, Aldermen and citizens, without interference from the Crown.

The city is granted the right to hold two markets every week, on Wednesdays and Saturdays, in perpetuity. No stranger can sell goods within the city without licence from the Mayor outside of these markets.

The charter further grants the exemption of the Mayor, Aldermen and citizens from tolls and customs on all their goods, merchandise and chattels. It also confirms the city’s ownership of all the baths, waters, washing places in the city along with waste grounds and various other named lands.

License and authority are granted to the city to acquire additional lands, tenements, tithes, rents and hereditaments not held by the Crown or others in chief or by knight's-service, up to an annual value of £20 (excluding reprises). These can be acquired without payment for a licence of alienation from the Crown.

This charter was issued without payment to the Hanaper.

Language: Latin

Physical Description:
The first membrane of the charter is illuminated with a large painted historiated initial and painted border. The top line of text is painted in gilt over a blue background. The initial ‘E’ in ‘Elizabeth’ at the start of the text is historiated with a portrait of the Queen enthroned.

The charter is framed by a bar border along the upper, left and right margins. The left-hand border is divided vertically into two compartments. The outline of the border is a blue bar, framed either side with rose-coloured lines. The border is inhabited by painted naturalistic depictions of plants which are interspersed with other motifs including a fleur-de-lys, Tudor Rose, portcullis, harp and the Royal Coat of Arms (all surmounted by a Crown) and also the letters ‘ER’, the date ‘1590’, and a lion and dragon bearing flags. The other membranes are illuminated with similar borders.

Width 85cm x height 65cm.

Seal:
The Great Seal is pendent by partially broken cord and is in good condition. This is the second seal of Elizabeth I.