BOOK IV.

Courts.

William de Lacy, Earl of Lincoln.

Robert Talbot, in the seventh year of the reign of John, is mentioned as lord of the manor of Gainsburgh. By what means he obtained it, does not appear; but he was in the King's service, in Ireland, along with Hugh de Lacy, &c. After his death it passed to his eldest son, William Talbot, who was Dom. Man, de Dotata in Gainsberg, and gave lands in Sledmore to the church of Beverley. As he lived and died in Normandy, the manor seems to have vested in his next brother,

John Talbot de Thorpe Willoughby juxta Selby, but it does not appear to have remained much longer in this family, as

William de Valence, Earl of Pembroke, held it temp. Edw. I.*

In the 17th of Edw. II. the latter baron obtained the right of returning writs for the manor of Gainsburgh, and, also, for that of Dunham, Nottinghamshire, which was also his property. About the same time, also, he granted to the burgesses of Gainsburgh, a right of pasturage upon certain parts of his waste lands.

De Valence dying without issue, this property fell to his second sister, who married John Comyn, of Badzenoch.+

David, Earl of Athol, married the daughter of John Comyn, through whom he obtained large possessions in England, and, amongst the rest, the manor of Gainsburgh. He died in 1335, and was succeeded by his son. The manor of Gainsburgh passing through this family and that of Percy and Burgh, until 1596, when lord Burgh sold it to William Hickman, of London, Esq. who was knighted by James I. at Belvoir Castle, on his progress through the country to London. In the possession of this family, the manor of Gainsburgh has ever since remained.

The Court Leet and View of Frank pledge and Great Court Baron, are so closely connected with the good government of the town, that an account of their origin and privileges, is necessary towards enabling us to form an opinion as to the present state of the borough.

↑ The word Leet seems to be derived from the Saxon leos, plebs, and means the Folkmote, in contradistinction to the Halmote, or Court Baron, which consisted of the free tenants only; whereas, the Leet required the attendants of all the resiants, and, consequently, was much more extensive.

The Leet is the most ancient court in the kingdom, and there is little doubt but that it existed during the Saxon era, although no mention is to be found made of it, prior to 27 Edw. III. except in the Charter of William the Conqueror, for the foundation of Battle Abbey. It is supposed, however, that before the conquest, and probably for some time afterwards, this court was, if not the sole, at least the most usual dispensary of criminal justice in the kingdom; and, indeed, it is still a court of record for the cognizance of criminal matters or pleas of the crown, which necessarily belongs to the King, though the Lord of the Manor is, by the grant of the manor, entitled to the profits, consisting of the essoign pence, fines, and amerciaments.

The Court Leet is a court of record, having the same jurisdiction, within a particular precinct, which the Sheriff's Torn hath in the county. This court is not necessarily appendant to a manor, like a Court Baron, but is derived from the Sheriff's Torn: being a grant from the King, to certain lords, for ease of their tenants and resiants, within their manors, that they may administer justice to them, in their manors.-Stork's Gainsburgh.

The Court Baron is now held along with the Leet Jury, which, in Gainsburgh manor, is summoned twice a year, within a month after Easter, and a month after Michaelmas; and although in some manors, the jurors continue in office during the whole year, yet here they are usually discharged on the same day, except in particular cases, when they have been adjourned to some subsequent period.

The jurisdiction and power which this court exercised were considerable.

CHAP. I.

Officers.

In 1650, the several officers were as follow, all of whom are still appointed by the jury, Election of except in the case of the Searchers and Sealers of Leather, instead of whom persons are now appointed under the excise laws :—

Two constables, afterwards called burgess and foreign constable, one burgess bailiff, one burgrave, one ale-taster, two frankpledges, two searchers of the market, two searchers and sealers of leather, two scavengers.

The burgess constable is the first civil officer in the borough, and is generally elected, as well as the foreign or deputy constable, at the Michaelmas Jury-meeting. Their duty is to watch over the peace of the town, and to provide for its security: formerly, however, it appears to have been more extensive, as will be seen from the following memorandum:—

"24 Oct. 1670. It is agreed that the Constables of Gainsburgh, from time to time, in future, shall doe their duties; and, in case they neglect, and more especially neglect in not repairing the Lord's-Stayth, Chappell-Stayth, y part of the Church-Lane, Oliver-Bridge, Tinker-Bridge, the pump in the Market-Place, Lea-Rayles, (Moor-Gate and the Fence,) and all other places belonginge unto the towne of Gainsburgh, that they shall be amerced 39s.” And, in a subsequent one, dated 1733, Ap. 25. "The Constables to poste and raile the footway from Fr. Barber's Close, at towne end, [afterwards said to be from Tinker's-Bridge,] to the turnpike over against ship-yard.”

BOOK IV.

CHAPTER II.

SURVEY OF THE TOWN AND PARISH OF GAINSBURGH.

Situation.

Leland's

Account.

Population.

THE town of Gainsburgh is pleasantly situated upon the eastern bank of the Trent, 18 miles north west from Lincoln, and 146 north from London. It is built somewhat in the form of a cross, the street from the bridge to the Market-Place forming the pillar, the transverse being formed by the Beast-Market and the Lord's-Street, and the apex of the cross by the Great Church-Lane. The town extends along the bank of the Trent about a mile and a quarter, and is about a quarter of a mile in breadth, at the broadest part. Leland's account of this place is as follows:-" Gainsboro' is a good market town, and is 12 miles from Lincoln. I saw no things much to be marked in it but the parish church where lieth richly buried Sir Thomas Boro, Knight of the Garter, and Ana de Botreaux his wife. He died 1408, and was grandfather to the Lord Borow that now is, and made the most of the motid manor place by the west end of the church yard. This Lord Borow's father lies in the choir. In the same church lies D. Edmundus Cornewaile, who died 1322, that had a great motid manor place called Thonak, in a wood a mile east from Gainesborough. It longeth yet to the Cornewailes. "There is an old chapel of stone in the south part of Gainesborough town, where they of the town say that many Danes be buried; also a chapel of wood on Trent side by S. in Gainesborow, now desolated. There is a park by Gainsborow longing to the Lords Borow."* Gainsburgh is very closely built, and, considering the small extent of ground which it covers, contains a very dense population. According to the account taken in 1801, it contained 1064 houses; but between that period and 1811, the number had considerably increased, there being then 1159 houses, an increase of about one-tenth. The population had increased to an equal extent, as, according to the census in 1801, there were 4506 inhabitants, while in 1811, the number amounted to 5172. The following statement of the population of the parish of Gainsburgh in 1821, is subjoined.

The annual value of the real property, as assessed for the property tax in April, 1815, CHAP. II. amounted to £18,903.

Gainsburgh is a river-port of considerable consequence, being accessible to vessels of sufficient size to navigate the sea, and serving as a port of export and import for this part of the country, participating with Hull in the Baltic trade. From its situation on the banks of the Trent, it possesses a ready communication with the internal parts of the country, and previous to the opening of the Grand Junction Canal, the whole of the ware from the Staffordshire potteries, besides the cast iron from Derbyshire, intended for the London and foreign markets, were shipped from hence. Since that event, a considerable alteration has taken place in the trade of the town, as will in some measure be apparent from the following statement of the principal articles shipped from hence, and passed at the Custom-House, during the first quarter of the year 1799, and the last quarter of 1816:

It must be noticed, that the statement here presented, only refers to the goods which are shipped from hence, and passed at the Custom-House; constituting about a fourth part of the goods passing through the town. From it, however, and other statements, of the number of vessels employed, there is great reason to suppose that the whole of the articles thus forwarded, may amount to about 20,000 tons annually. Besides the vessels which, during the year 1816, have been regularly entered at the Custom-House, a great number of sloops and small craft were employed in the inland navigation, upon the Trent and the Ouse, and to Hull, the tonnage of which may be reckoned at fully 60,000 tons.*

From the convenient situation of Gainsburgh, a considerable deal of business is done in the Baltic trade, particularly in the crushing of linseed, in which several mills, of considerable power, are constantly engaged. It also possesses every convenience for ship-building, for which it has long been well known. From one yard in this town, vessels of from six to eight hundred tons burden have been frequently slipped; and even in the present depressed state of trade, no inconsiderable quantity of business is still done in that branch.

Besides the business upon the Trent, the introduction of steam-engines, as a means of propelling vessels, has been the cause of establishing a rapid and convenient communication between Gainsburgh and Hull; along the line of the Trent, to Newark and Nottingham, and by the Foss-Dike to Lincoln and Boston.

• Stork's Gainsburgh.

Commerce.

BOOK IV.

River Trent.

The Eagre.

Previous to 1814, several sailing packets were employed in conveying passengers, &c. to Hull; but the tediousness of the voyage was a considerable bar to their increase. In that year, however, the first steam vessel was brought into the Trent; and although, in the first instance, its establishment met with considerable opposition, principally from the supposed hazard attending the employment of steam, yet this soon yielded, as the ease, safety, and convenience of the communication began to be apparent. Since that time, several vessels have been built here: two of which, of about sixteen horse power, are daily employed between this port and Hull, in the conveyance of passengers and parcels, with a celerity and expedition that would, some fifty years since, have been thought totally impossible. The usual time occupied in the passage to Hull, a distance of fifty-six miles, is about five hours: but cases have frequently occurred, of the passage being made in little more than three hours.

Before leaving this branch of our subjcct, some account should be given of" The christal Trent, for fords and fish renowned," the course of which passes the town, and is of so much importance to its prosperity.

The Trent rises in the high lands of Staffordshire, and passing through Derbyshire, enters Nottinghamshire on the south-west point, passes Newark to Linclnshire, forming the boundary on the north-west side of the county, from the village of North Clifton to that of Stockwith, whence, constituting the eastern boundary of the Isle of Axeholme, it flows to Aldborough, opposite to which it receives the Dun, and a little below being joined by the Ouse, both mingle their waters with the Humber. The Trent, in its course, runs nearly 200 miles, and communicates by canal navigation, with all the principal rivers in the south part of the kingdom.

"The spring tides in the Trent, when the river is in its usual state, flow from two and a half to three hours, and ebb from nine hours to nine hours and a half. The neap tides flow from three hours and a half to four hours, and ebb from eight hours to eight hours and a half. When the Trent is in its usual state, the high water of spring tides, at Keadby Sluice, rises to the height of eight feet above the general surface of the low lands in the Chase of Hatfield ; but when the river is flooded, the high water rises to the height of eleven feet above the surface. Low water of a spring tide in the Trent, when the river is in its ordinary state, lies about five feet and a half under the general surface; but when the river is flooded, it is only about three feet under the general surface. The ordinary neap tides in the Trent, when unaffected by the land freshes, rise about four feet above the surface of the low lands; and when the land freshes are in the Trent, they rise more than seven feet above such surface. The low water, in the former case, is about six feet and a half, and in the latter case, only about three feet under the surface.*

A curious phenomenon is observed in the Trent, in the neighbourhood of Gainsburgh, called the Eagre or Hygre. At spring tides, the water rises on the surface of the river, to the height of from six to eight feet, and rolls on in a large mass from the mouth of the Trent considerably above the bridge. On acconnt of the obstructions it meets with, however, before its arrival at Gainsburgh, the Eagre is somewhat diminished in size; but a few miles below the town, it has a grand and imposing appearance.

• Mr. Rennie's Report on Drainage of Hatfield Chace, &c. 1813, Jan. from levels taken by J. Thackray, in 1812.