HISTORY

 

OF THE

 

BOROUGH OF DERBY.

 

DERBY, a municipal and parliamentary borough and market town, is the capital of the county to which it gives name, in the hundred of Morleston and Litchurch, 52° 50′ north latitude, and 1° 27′ west longitude, from Greenwich; 132 miles by railway and 126 miles N.W. by the old road from London, 13 miles S.E. from Ashbourn, 25 miles S. from Bakewell, 24 miles S. by W. from Chesterfield, 10½ miles N.E. from Burton on Trent, 15½ miles W. by S. from Nottingham, and 29 miles N.W. from Leicester. It is an ancient town and formerly had a castle. The streets of the old part are crooked and narrow, but the new streets are well built and many of the modern houses are spacious and handsome. The Markeaton brook, running through the town, issues into the Derwent at the cast extremity; it is crossed by seven stone bridges, erected by a general subscription, with one of wood, and an elegant bridge of three elliptical arches over the Derwent; which with the silk mills, the wears, and broad expanse of the river, forms a handsome entrance to the town from Nottingham. The town is lighted with gas, and the streets are regularly paved, and considerable improvements and additions have, during the last 10 years, been made to the buildings of this busy and flourishing borough; which is plentifully supplied with water from the new works erected in 1850, at Little Eaton, at a cost of £40,000. The vale of the Derwent on the south presents an extensive level district, and the walks in the vicinity of the town are very pleasant. The borough contains by the census of 1851, 2,970 acres of land, 8,199 inhabited houses, 303 houses uninhabited, and 87 building; 19,370 males, and 21,239 females, being a total population of 40,609. The borough contains five parishes, of which three extend beyond its limits, and is the chief place of election for the southern division of the county. The town of Derby is situated in a fertile plain, on the western bank of the Derwent, about ten miles from its confluence with the Trent. The soil in the neighbourhood is a rich red marl, and the pasture land in the immediate vicinity is let from £4 to £7 per acre. Though situate in a valley and watered by a considerable river, often causing very serious floods, yet the air from the neighbouring bills is considered very pure, and many of the inhabitants live to a great age.

The origin of the town is not known; but during the Heptarchy, it was called North­wortbig; when the Danes took possession of it they gave it the name of Deorby, of which Derby is a corruption. Antiquarians have been at considerable pains to ascertain the course of this change; some suppose that the name of Derby was given, because the town stands near the banks of the Derwent, but the more general opinion is that it is derived from two Saxon words, Deor (Fera), and By (habitatio). This conjecture is rendered probable by two circumstances, one is that the arms of the town are a Buck couchant in a park; and the other that one of the lanes adjoining the town is still called Lodge lane. It has been supposed that it was a town of some importance prior to the Roman invasion. This con­jecture is founded upon its short distance from Little Chester, where this people undoubt­edly had a Station.

The first direct mention made of Derby in history, is in the ninth century, when in the reign of Alfred it was constituted the metropolis of the county. In the year 918 Ethelfleda, the daughter of Alfred, upon its surrender took possession of the town with all

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42                                                                            HISTORY OF DERBY.

 

its appurtenances; upon this occasion four of her knights were slain. However at her death it again fell into the hands of the Danes, but in the year 942 king Edmund invaded Mercia, and delivered Derby, with five other towns from their yoke. No clear idea can be formed of the town at these two periods. However, in Doomsday book we meet with a pretty full description of it, both in the reign of Edward the Confessor, and at the Norman conquest. “In the time of the Confessor; Derby was a royal borough, it contained two hundred and forty three burgesses. Near to it lay twelve plough-gates of taxed land, which eight teams could plough. This land was divided amongst forty-one burgesses, who likewise had twelve plough-gates. Of the tax, of the toll and forfeitures, and of all customs two thirds belonged to the king, and one third to the Earl of Mercia. In the same borough there was in the king’s demesne one church and seven clerks, who held two plough-gates of free-land in Chester. The king had likewise another church, in which six clerks held nine ox-lands free in Cornum and Ditton. There were fourteen corn mills then in the town. On the death of Edward, the Confessor, Harold ascended the throne, who was killed at the battle of Hastings, when William, duke of Normandy, took possession of it. At the time of the Norman survey, it was much reduced, there being only one hun­dred burgesses, and forty who were minors. There were an hundred and three dwellings waste or empty, which paid tax, and the fourteen corn mills were reduced to ten. There be­longed to the town sixteen acres of meadow land, and underwood three quarentenæ in length, each containing forty perches, and two in breadth. In the time of the Confessor the borough paid upon the whole twenty-four pounds; and at the conquest with a mill and the village of Ludeceree (Litchurch) it paid thirty pounds. In Derby the abbot of Burton had one mill and one manse of land, with sac and soc, and two manses of land of which the king had the soc, and thirteen acres of meadow land. Geoffrey Aselin possessed one church. Ralph, the son of Hubert had a church with a plough-gate. Norman, of Lincol, and Edric had also each of them a church. Henry de Ferrers was possessed of three old decayed houses with soc and sac. Osmar, the priest, had one ox-land, with Soc and sac. Godwin the priest had likewise one ox-land. At the feast of St. Martin, the burgesses paid to the king twelve thraves of corn, of which the abbot of Burton had forty sheaves. The king was possessed of eight decayed houses, with sac and so; in the borough. The two pennies belonging to the king, and the third to the earl, which arose from the wapontake of Appletree, were in the hands of the sheriff, by the testimony of the two counties. In respect to Storey, the predecessor of Walter de Aincourt, it was said, that without the license of any one, he might build a church for himself, and give the tithe to whom he pleased.” On the south-east corner of the town, formerly stood a castle, and although all remains of it have long since disappeared there are strong evidences of its existence, Hutton in reference to it, states, “In an orchard on the summit of the hill one of the mounds, eighty yards long, runs parallel with the houses upon Cockpit-hill, perhaps one hundred yards behind them, also parallel with those in St. Peter’s parish, but twice the distance. It was guarded by the Derwent on one side, and on the other side ran the London road. This I apprehend was the chief approach, because the passage afterwards bore the name of Castle street.” Several enclosures also to the east acquired the name of Castle fields. In 1836, Edward Calvert, Esq., and Mr. Williamson, purchased the last portion (22 acres) of the Castle field estate,. and in 1855 the former gentleman built himself a large and good residence on a part of it.

The Duke of Normandy, (Henry I.) granted to Ralph, earl of Chester, the town of Derby, by a charter; which, was signed at Devizes. It has been conjectured that the fee farm rent of the town belonged to the Duchy of Lancaster, from the time of Henry III. to the reign of Henry VII. Henry VIII., in the 33rd year of his reign, granted them to the Dean and Chapter of Burton. At present (1856) the Corporation pay £16 as a fee farm rent to the Earl of Essex, £38 13s 6d to Chas. Jollify, Esq., and £24 17s 8d to J. H. Franks Esq., making a total of £79 11s 2d.

Derby was incorporated by Henry I., since which its charter. had been altered and

HISTORY OF DERBY.                                                         43

 

renewed at several different periods. It obtained various privileges in the reigns of Henry II., Richard I., John, James I., and Charles I. In the time of King John, the burgesses were returned into the king’s exchequer as owing sixty-six marks (about £1,980) for the confirmation of their liberties. In the sixth of the same reign, they were likewise returned debtors, sixty marks, and two palfreys, for holding the town of Derby at the usual fee farm, and £10 increase for all services, and having such a charter as the burgesses of Nottingham have; and in the twelfth year of the same reign, the burgesses were charged. £40 for the fee farm of the town. In the reign of Henry III., the king granted to the burgesses of Derby and their heirs, that no Jew should live in the town. Edward III., in the fourth year of his reign, deprived the corporation of their liberties and summoned the burgesses to answer by what warrant they claimed to have toll, and were required to shew, why none should dye cloth within thirty miles of Derby, except in the said borough, saving the liberties of Nottingham. They were also to declare what right they had to be toll free throughout the king’s dominions, to choose a bailiff every year, and to have a fair on Thursday and Friday in Whitsun week, and another of seventeen days, viz., eight days before the festival of St. James, and on the festival, and the eight succeeding days, to have a coroner, and none to be impleaded out of the borough, and by what authority they held markets on Sunday, Monday, Wednesday, and from Thursday eve to Friday, every week. In answer to these requisitions; the burgesses produced the charters granted them by the different Monarchs, and for the privilege of toll, produced the charter of Edward III., dated the 3rd of June, in the 1st year of his reign. In consequence of this, the king, on their paying a fine of forty marks, and promising to pay a yearly rent of £46 16s., restored them their liberties, which he had questioned and seized, being satisfied that they and their ancestors, had from time immemorial enjoyed them.

A charter of James I., dated at Westminster, the 7th of March, 1611, in the ninth year of his reign, recites and confirms various privileges which had been granted in former reigns. The particular liberties were, that the corporation should have authority to hold courts of record, made them independent of any foreign jurisdiction, and empowered them to hold “Sessions quarterly, two courts leet, and six fairs yearly,—shall be toll free throughout the whole kingdom, and take toll and tillage from all except the Duchy of Lancaster, which shall pay but half. In 1638, mention is first made of a Mayor; the cor­poration antecedent to that period was styled “The Bailiffs and Burgesses of the town of Derby.” In 1680, the charter was surrendered to Charles II. and a new one granted in 1683, by which the government of the borough was vested in a mayor, nine aldermen, four­teen brethren, and fourteen capital burgesses; who, together, constitute the common council; and these appoint a recorder, town-clerk, (who is also coroner,) chamberlain, four sergeants-at-mace, (one of whom is keeper of the gaol,) six constables, and other inferior officers, elected annually the first Monday after St. Luke’s day. The mayor is chosen from among the aldermen, by the aldermen and brethren, these last being appointed from the capital burgesses. The mayor, the late mayor, (who is always deputy-mayor with equal powers,) and the four senior aldermen are justices of the peace. The mayor and aldermen must reside within the borough, or they can neither locally vote nor exercise any official function. The freedom of the borough is inherited by all the sons of a freeman, born within the borough, or acquired by serving an apprenticeship to a resident freeman, or by gift of the corporation. This charter continued in force till the passing of the Reform bill. By letters patent of the King, granted to the burgesses before the year 1732, they were empowered to hold two fairs every year at Derby; one on the sixteenth, seventeenth, and eighteenth days of September, and the other on the feast of St. Paul and the day preceding and following; for the sale of all manner of cattle, and of all wares and merchandise commonly bought and sold at fairs.  In the year 1734, the mayor, aldermen, brethren, and capital burgesses appointed a meeting, to be held for the disposal of the latter-make cheese, on the twelfth, thirteenth, and four­teenth of March, to which all persons dealing in the said commodity might resort, toll free.  In the year 1738, the above days were altered to the twenty-first day of March and the two

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44                                                                           HISTORY OF DERBY.

 

following days. The borough has sent two members to parliament since 1294: the right of election is vested in the freemen and sworn burgesses, and the mayor is the returning officer.

The Parliamentary Reform act passed in June, 1832, and the Corporation Reform act on the 9th of September, 1835. The chief provisions of the Corporation Reform act are the following:—

      1st. CORPORATE, after the first election of councillors; the body corporate of all ex­isting cities and boroughs named in Schedule A., are to have a commission of the peace, and take and bear the name of mayor, aldermen, and burgesses of the town of Derby, and by that name have perpetual succession, and be capable in law, by their council, to do and suffer all acts lawful to them or their predecessors, by any name of title or incorporation.

2nd. The Town Council is to consist of the mayor, aldermen, and councillors, to be chosen on the first of November, in every third year following. The councillors to fill up extraordinary vacancies amongst the aldermen, within ten days; to elect the mayor every year; to appoint town-clerk, treasurer, and other officers; to take security from such officers for the due discharge of their duties, and to fill up vacancies as they may occur in those situations. To give an order, signed by three or more members, for all money to be paid on account of the town council; so that no payment from the treasurer can be lawful without such order. To hold quarterly meetings, and to have three clear days notice of every other intended meeting of the council affixed in or near the town hall, and left at the usual place of abode of each councillor, or at the premises he stands registered for; and in case the mayor, upon a requisition to that effect, should refuse to call a meeting of the council, it is lawful for five councillors to call the same, by giving the usual notice of their intentions, signing their own names, and stating the nature of the business to be transacted at such meeting. The council is empowered to appoint committees, to act as trustees where the body corporate are sole trustees, to appoint a limited number of councillors to be joint trustees, to whom the powers vested in the former trustees may be transferred. The council is to appoint a watch committee, who may have the powers of inspectors, under 3 and 4 Will. IV. for lighting any part of the borough not included in the local act. The council has also power to make bye-laws, but can impose no higher penalty for their infringement than £100. The council may order a borough rate in case of insufficiency, and it has the powers of justices for such purposes, with certain restrictions, and to levy a watch rate. It is authorized to renew leases in certain cases, but cannot grant leases for a longer term than thirty-one years, or sell or alienate any corporate lands without the approbation of the lords of the treasury. It is to fix the salary of the police magistrates to be appointed by the crown, and to provide a police office. To appoint an officer to preside in the borough court of record; and also a registrar, &c., and have power to remove from office every bailiff, treasurer, chamberlain, or other officer who shall be in office at the time of the passing of this act, and shall direct where the charters, deeds, or records of the borough shall be kept.

3rd. The mayor is a member of the council, ex officio any councillors eligible to this office, to which he is elected on the 9th of November. The mayor’s duties are to provide polling booths, to preside with the assessors at the election of councillors, and also with the assessor, to revise burgess lists, and appoint clerks for the same. The mayor to sign a declaration of his acceptance of office, and of his possession of the requisite qualification. Any councillor elected mayor, but refusing to serve, is to pay a fine not exceeding £l00. Becoming bankrupt, insolvent or leaving the town for more than six months, loses office, but is capable of re-election, upon obtaining certificate, paying debts in full, or returning.  Any person acting as mayor, without being qualified, is to forfeit £50, but his official acts are to be valid. The mayor is justice of the pence, ex officio, for the year of his mayoralty and the year following, and to have precedence within the borough, and to be returning officer at elections for members of parliament; be shall sign the notices for meet­ings of the council, and in the absence of the recorder is empowered to open and adjourn the court of quarter sessions.

          4th. MUNICIPAL.—Alderman are to be one-third in number of the councillors elected

                                                                                HISTORY OF DERBY.                                                         45

 

triennially, on the 9th of November, or chosen from the town councillors; or others having the same qualification; half of their number to go out of office every three years; are not to vote for their successors, but are eligible for re-election. No one can be elected an alder­man who is not enrolled on the burgess list, nor unless possessed of £1000 property, or rated at the annual value of £30, or while holding any office in the gift of the council, otherwise than that of mayor, or nor while sharing in any contract of employment from the council; but this qualification does not extend to shareholders of water or insurance companies holding a contract from the council. An alderman is to preside at elections, in case of death or inability of the mayor; refusing office, to pay a fine not exceeding £50; and in other respects same as mayor.

5th. COUNCILLORS are chosen in wards on the 1st of November; by persons whose names are on the burgess roll of such wards; one-third of the council are to go out of office annually, but are capable of re-election; all such elections are to be held before the mayor and assessors; voting to commence at nine o’clock in the morning, and, finally to close at four o’clock in the, afternoon of the same day. Every burgess entitled may vote for any number of persons not exceeding the number of councillors to be chosen, by delivering to the mayor or assessor a voting paper, containing the christian and surname of the persons for whom he votes, and signed with his own name and residence; no councillor is eligible as auditor or assessor. The barristers appointed have divided the town into six wards, viz., Bridge Ward, Becket Ward, Castle Ward, Derwent Ward, Friargate Ward, and King’s Mead Ward. To each of these wards six councillors are appointed; the law with regard to their privileges and exemptions is the same as with aldermen.

6th. Assessors.—Two are elected annually by the burgesses of every corporate borough, and must, have the same qualification as councillors, and in conjunction with the mayor, revise the burgess lists, be present at the election of councillors, and with the mayor ascertain the result of elections. No treasurer, town clerk, or councillor can be elected assessor; the assessors are to be elected in wards, by the burgesses of such respective wards, and no burgess to vote, for more than one assessor.

7th. Recorder is appointed by the crown; has precedence after the mayor, and is sole judge at the quarter sessions; must be a barrister of at least five years standing, to hold office during his good behaviour. His salary is to be paid by the treasurer of the borough fund; but he cannot be a member for the borough, an alderman, or councillor; he is ex officio, a justice of the peace.

8th. Town Clerk is elected by the council, and holds office during pleasure; the freeman’s roll must be made out by him; he must preserve a true copy of the same for perusal without fee, and keep copies for sale at a reasonable price. To receive from the overseers, on the fifth of September, a list of burgesses, which he is forthwith to get printed for sale, and expose a copy on the door of the town hall; to receive names of per­sons omitted, publish lists of claimants and of persons objected to, and to keep a copy for inspection without fee, and for sale at 1s. each. He is ineligible as an auditor or assessor, must submit his accounts to the council when required, and a summery remedy is given against him for not accounting; he is exempt from serving on juries in the borough.

9th. Treasurer is appointed by the council, of whom he cannot be a member, but can be removed at pleasure; must give security for the due discharge of his official duties, submit his accounts when required to the council, and a summary remedy is to be had against him for not accounting.  Keep his accounts open for inspection of alderman or councillors, and submit them and the vouchers to the auditors, on the first of March and the first of September respectively, and to cause an abstract to be printed.

10th. Constables are appointed by the watch committee, and have power to act in the country as well as the borough. Magistrates appoint special constables, who have 3s 6d. for each day of duty.

11th. Auditors—Two are elected annually on the first of March, in the form of and with the qualification of councillors; no counciller is eligible.

46                                                                            HISTORY OF DERBY.

 

12th. Registrar of the borough court of record, appointed by the council; he is not to practise as an attorney in such court, nor his partner, nor clerk.

13th. Coroner is appointed by the council, cannot be an alderman or councillor; his appointment is during good behaviour; receives 26s. 8d., and 9d. every mile exceeding two, and makes an annual return of the inquests held by him to the secretary of state.

14th. Clerk of the Peace is appointed by the council; the appointed clerk to justices, his partner, or clerk, are ineligible to the office of clerk of the peace; the duties are to give ten days’ notice of time and place of holding court of quarter sessions; to summon at least seven days before a sufficient number of grand jurors, and to make out a list of the names and descriptions of jurors summoned; the fees paid to this officer are settled by the town council and confirmed by the secretary of state.

16th. Overseers of the Poor to make out lists of persons entitled to be burgesses, which they are to sign and deliver to the town clerk on the fifth of September every year.

16th. Burgesses and Freemen—No one can become such of any borough by gift or purchase; but all rights of property in common lands, or public stocks, money or chattels, are reserved to all existing freemen and burgesses, and to all such persons as might have become freemen or burgesses, had this act not passed; and to their wives, widows, children, or apprentices, a discharge or exemption from all tolls, dues’ only excepted. Nevertheless it is provided that freemen, to be entitled to the beneficial exemptions, shall have acquired their right prior to the fifth of June, 1835. All occupiers of houses and shops, rated for three years for the relief of the poor, are entitled to be burgesses, if resident householders within seven miles; occupancy and the payment of rates are the only qualifications.

18th. Borough Fund.—The proceeds of all corporate property, one moiety of all penalties imposed under this act, and all unappropriated fines and penalties, are to form the borough fund, and to be paid to the treasurer accordingly. Debts, officers’ salaries, election expenses, than expenses of assize prosecutions, maintaining and punishing offenders, are to be paid out of the borough fund; and the council is to order a borough rate, in case this fund is insufficient.

19th. Qualifications.—Burgesses to be qualified at municipal elections, must fulfil the following conditions: 1st. on the last day in August in any year, he must have occupied a house, warehouse, or other premises, in the borough, during that and the two preceding years, to the value of £5 or upwards. 2nd. have occupied a house in the borough, or within seven miles of it. 3rd. have been duly enrolled as a burgess. 4th. he must have been rated personally in respect of the premises occupied in the borough to the amount of £5 and upwards. 5th. have paid before the last day of August, all poor rates and borough rates, except such as become payable six calendar months before the last day of August. Such premises need not to have been continuously the same.

 

NEW WARD BOUNDARIES.

 

BRIDGE WARD.—Amen alley, Bath street, Bold lane, Bridge gate, west side of Corn market, part of St. James’s lane, College place, Darley lane, Duke street, west side of Full street, Irongate, northside of King street, Market head, north side of Market place, North parade, Old Shambles, east side of Queen street, Rotten row, south side of St. Mary’s gate, St. Alkmund’s churchyard, north side of Victoria street, and River street.

BECKET WARD.—Abbey barns, Abbott’s hill, Babbington lane, Back Sitwell street, Baker’s lane, Becket-well lane, Britannia street, Burton road, Cannon street, Corn Market, Cross lanes, Curson street, Drewry lane, Dunkirk, Forester street, Green lane, Grove terrace, Grove street, Harlem street, High street, Kensington street, Leonard street, Mill street, New Uttoxeter road, Normanton road, Osmaston road, Osmaston street, west side of St. Peter’s street, Sacheverel street, Sitwell street, St. Peter’s Church yard, St. James’s lane, Stockbrook street, Summerhill, Talbot street, south side of Victoria street, west side of Wardwick, Waterloo street, and Wilmot street.

CASTLE WARD.—Albion street, Albion place, Bag lane, Borough’s walk, Bloom street,

HISTORY OF DERBY.                                                         47

 

Bourne street, Bradshaw street, Canal street, Canal side, Castle street, Castle place, Carrington street, Cockpit hill, east side of Corn market, Devonshire street, Eagle street, Hill street, Hope street, John street, Liversage street, east side of London street, Midland place, part of Morledge, North street, Osmaston street, Osmaston road, Park street, Rivett street, Siddall’s lane, east side of St. Peter’s street, Thorn-tree lane, and Traffic street.

DERWENT WARD.—Chaddesden hill, Chester place, east side of Corn market, Derwent terrace, Derwent street, Derwent row, Erasmus street, Exeter street, Exeter place, Full street, Mansfield road, south and east sides of Market place, Morledge, New Market, Not­tingham road, Old Meadows, Old Wharf, part of Queen street, Silk-mill lane, St. Michael’s lane, Tenant street, and Walker lane.

FRIARGATE WARD.—Agard street, Ashbourn road, Bold lane, Brick street, part of Bridge street, Brook walk, Cavendish street, Cheapside, Curson street, Dog-kennel lane, Ford street, Fowler street, Friar gate, George street, Largess street, Markeaton lane, Mill street, Old Uttoxeter road, north side of Sadlergate, Sadlergate bridge, Short street, South street, St. Werburgh’s churchyard, St. John’s terrace, part of St. Mary’s gate, Vernon street, east side of Wardwick, and York street.

KING'S MEAD WARD.—Part of Bridge gate, part of Bridge street, Brook street, Chapel street, Charles street, Cherry street, Goodwin street, Green Street, Jury street, Kedleston road, King street, Leaper street, Lodge lane, Lower Brook street, Mundy street, Nuns’ street, Orchard street, Parker street, part of Queen street, north side of St. Mary’s gate, St. Helens street, Walker lane, Willow street, Willow row, and Wright street.

On the passing of the Reform act the parliamentary boundaries were to be taken until altered by parliament.

NO ELECTORS had been polled for 30 years previous to 1832. The number of electors then registered under the Reform act, was 1,384; in 1837, 1,731, of whom 474 were registered freemen, and in 1855, 2,518, of whom 387 were freemen. Many of the latter are also registered electors as £10 householders.

The following is a list of the members of parliament, the corporate body, and the municipal officers of the borough of Derby, for the year 1856:—

MEMBERS OF PARLIAMENT.

Michael Thomas Bass, Esq., and Lawrence Heyworth, Esq.

CORPORATION.

Mayor, Robert Pegg, Esq. Recorder, John Balguy, Esq.

MAGISTRATES.

Thomas Bent, Esq., M.D. John Sanders, Esq. Samuel Fox, Esq. Sir H. Wilmot, Bart. Thomas Parker Bainbridge, Esq. John Bell Crompton, Esq. Robert Forman, Esq.

Henry Francis Gisborne, Esq.         Josiah Lewis, Esq.         James Heygate, Esq., M.D.         Henry Cox, Esq.         John Strutt, Esq.         Thomas W. Evans, Esq.

 

ALDERMEN.

 

.

COUNCILLORS ― BRIDGE WARD.

Mr. Wm. Taylor. Mr. James Hollingsworth.

Mr. Thomas Richardson. Mr. W. B. Sherwin.

Mr. A. Handyside. Mr. Robert Chadwick.

 

 

BECKET WARD.

Mr. William Goodwin. Mr. Charles Topham.

Mr. John Corden. Mr. L. W. Bates.

Mr. W. J. Etches. Mr. John Richardson,

48                                                                            HISTORY OF DERBY.

 

CASTLE WARD

Mr. James Owen. Mr. James Vallack.

Mr. William Malin. Mr. John Moody.

Mr. Thomas Harwood. Mr. B. W.  Spurgeon.

 

DERWENT WARD.

Mr. William Barton.     Mr. H. F. Gisborne.

Mr. George Mason. Mr. Thomas Pountaine.

Mr. John Gadsby. Mr. Henry Darby.

 

FRIAR GATE WARD.

Mr. Joseph Gascoyne. Mr. Francis Shaw.

Mr. John H. Cock. Mr. Thomas Cartlick.

Mr. Robert Pegg. Mr. A. J. Henley.

 

KING’S MEAD WARD.

Mr. Benjamin Webster. Mr. John Gamble.

Mr. W. M. Cooper. Mr. Thomas Branton.

Mr. Thomas Clarke. Mr. Thomas Tunaley.

   

The quarterly meetings of the town council are appointed to be held at 11 o’clock in the forenoon, on the first Wednesday in the months of February, May, and August.

Town Clerk, Coroner, and Clerk of the Peace,—Bryan Thomas Balguy, Esq.

Clerk to the Magistrates,—Mr. Charles Pratt.

Treasurer, Chamberlain, and Receiver of Corn Returns,—Mr. Charles Pratt.

High Constable and Billet Master,—Mr. W. H. Hodges.

Sheriff Bailif,—Mr. John Cockayne.

Sergeants at Mace,—Henry Newton and James Tomlinson.

Superintendent of Police,—Josiah H. Radley.

Town Crier,—Joseph Parr.

 

CHARITY TRUSTEES FOR THE BOROUGH:-

 

Thomas Cooper. John Henry Cock. Francis Jessop.

James Peet. John Sandars. James Thomason.

W. M. Cooper. Henry Cox.

Samuel Fox. Thomas Hackett.

 

THE AMOUNT OF INCOME AND EXPENDITURE of the borough of Derby, as shown by the Abstract of Accounts published, for the year ending the 31st of August, 1855, is as follows —The total receipts, £8,972 18s 3½d; of which £2,739 10s. 7d. was for farms, lands, and houses; £890 l0s. 0d. from tolls, dues, and rents of shops; £2,625 from a borough rate; £1,120 l8s. 11d. received as purchase money and interest for land from the Midland Railway Co.; £891 3s. 3d. from the Treasury for the prosecution and maintenance of convicted prisoners, and £314 16s. 11d. from other smaller items. The expend­iture was £7676 3s. l1½d.; of which £609 11s. 0d. was paid for salaries, pensions, &c.; £2698 l8s. 11d, for police and constables; £371 9s. 5d. for rents, rates, and taxes; £71 l6s. 6d. for the administration of justice; £489 18s. 8d. for prosecutions; £1,902 3s. l0d. for maintenance in the gaol; £207 4s. 4d. for coroners’ inquests; £429 Os. 11d. for repairs and alterations; £470 on account of purchase of house in Full Street and Old Flint Mill, with various smaller items; and £598 2s. 6d. was invested in the 3½ per cent. annuities.

COURTS OF LAW.

SESSIONS for the borough are held quarterly by the Recorder, on days appointed by himself.

COURT OF RECORD is held quarterly before the Recorder, in which pleas to any amount are cognizable. B. T. Balguy, Esq., is Prothonotary and Registrar.

COUNTY COURTS are held monthly at the County Hall, St. Mary’s gate, at 10 o’clock a.m.

THE NEW SMALL DEBTS ACTS, or COUNTY COURTS.—This important act, which has created a revolution in law proceedings, took effect throughout England and Wales, on the 15th of March, 1847, and at first was limited to all actions and claims not exceeding £20, but was extended, August 1851, to £50. By an order in council, all courts for small debts were abolished on the 13th of March, with the exception of a few, from which day the excepted courts were to be holden at county courts, and governed by the provisions of the act so to be enforced. Each district court is presided over by a judge, who appoints a clerk,

                                                                                HISTORY OF DERBY.                                                         49

 

being an attorney, and he appoints the other officers. The jurisdiction of the court is thus defined in the 58th section :—“ And be it enacted that all pleas of personal actions, when the debt or damage claimed is not more than £50, whether a balance account or otherwise, may be holden in the county court, without writ, and all such actions brought in the said court shall be heard, and determined in a summary way in a county court, constituted under this act, provided always that the court shall not have cognizance of any action of ejectment, or which the title of any corporeal or incorporeal heraditaments, or any toll, fair, market, or franchise shall be in question; or in which the validity of any devise, bequest, or limitation, under any will or settlement may be disputed; or for any malicious prose­cution, or for any libel or slander, or for criminal conversation, or for seduction, or breach of promise of marriage.” Demands are not to be divided, but may be reduced to £50. Minors may sue for wages, executors may sue and be sued. The judge is to determine the case where no jury is summoned. In cases exceeding £5 in amount, a plaintiff or defendant may require a jury of five persons, on the payment of 5s.; and under that amount, the judge is to have a discretionary power as to a jury. Witnesses are to be paid their expenses, and may be fined for non-attendance. A debt may be paid by instalments, and a judge has power to order an execution against the goods of a defendant except the wearing apparel and tools to the amount of £5. A commitment for 40 days may be made, and is not to extinguish the debt. Actions in certain cases, such as where the plaintiff resides more than twenty miles from the defendant, may be brought into the superior courts, but in other cases it is enacted—” that if an action shall be commenced after the passing of this act, in any of her majesty’s superior courts of record, for any other cause than those hereinafter specified, for which a plea may have been entered into any court, holden under this act, and a verdict shall be found for the plaintiff, for a sum less than £50, if the said action is founded on contract, or for less than £5, if it be founded on tort or wrong, the said plaintiff shall have judgment to recover such sum, and no costs; and if a verdict shall not be found for the plaintiff, the defendant shall be entitled to his costs, as between attorney and client, unless, in either case, the judge who shall try the cause, shall certify on the back of the record that the action was fit to be brought in such superior court.”

Judge,—J. T. Cantrell, Esq.

Clerk,—Benjamin Frear, solicitor, Full street.

Assistant Clerk,—John L. Wykes.

High Bailiff,—Jonathan Warren Keetley, 10, Full street.

Brokers,—Eli Ironmonger; and in Insolvency, Moody & Newbold.

       A list of the places in the district of the County Court, with the miles to be charged from Derby.

 

Miles to be chd	PLACES.	Miles to be chd	PLACES.	Miles to be chd	PLACES.	Miles to be chd	PLACES.
1 Allestree 1 Alvaston 1 Ambaston 3 Arleston 6 Ash 6 Aston 4 Barrow 3 Bearwardcote 3 Borrowash    Botany Bay 2 Boulton 1 Breadsall 6 Breaston 3 Burnaston 1 Chaddesden 3 Chellaston 4 Dalbury 5 Dale Abbey    Darley Abbey		Derby, borough of 8 Derby Hills 5 Draycott 3 Elvaston 4 Etwall 4 Findern 7 Foremark 8 Foremark Park 5 Hopwell 1 Huffin Heath 5 Ingleby 3 Kedleston 7 King’s Newton 8 Kirk Hallam 3 Kirk Langley 5 Lees    Litchurch    Little Chester		2 Little Eaton 1 Littleover 3 Locko 9 Long Eaton 1  Mackworth     Markeaton 7 Melbourne 2 Mickleover 5 Mugginton 1 Normanton 4 Oockbrook    Osmaston 2 Quarndon 3 Radbourne 5 Ravensdale Park 6 Risley 8 Sandiacre 8 Sawley		4 Shackle Cross 6 Shardlow 4 Sinfin 2 Spondon 4 Stanley 5 Stanton-by-brdge 7 Stanton-by-dale 1 Sunny Hill 4 Swarkeston 4 Trusley 3 Thulston 4 Twyford&Stenson 7 West Hallam 5 Weston-on-Trent 5 Weston-undr-wd 6 Willington 7 Wilne 7 Wilsthorpe

 

 

50                                                                            HISTORY OF DERBY.

 

The ASSIZES for the COUNTY are held here; the April Sessions are held at Chesterfield, and the others are held at Derby.

The OLD TOWN HALL, erected by subscription on the site of the ancient Guildhall, about the year 1729, though in itself a good building, was, from its isolated situation in the Market-place, a great obstruction to business. It was taken down in 1825, and a new one, nearly in a line with the south side of the Market-place, was erected in 1828, at a cost of upwards of £7,000. It presents a handsome appearance, and being built on arches, is con­nected with a new market erected by the corporation. Considerable improvements, at a cost of nearly £700, had just been completed, when the interior of this hall was, on the 21st of October, 1841, completely destroyed by fire; leaving the outside and centre walls standing, apparently but little injured, though the damage was ‘estimated at from £10,000 to £12,000. The interior arrangements are now considered very complete. The hall or court is an elegant room, 55 feet long, 35 feet wide, and 28 feet high, fitted up with wainscotting. A commodious gallery has been erected at the east end of the court, and the whole is lighted with four skylights. The spaces on each side of the tower, between the two wings, are decorated with bas reliefs, one having reference to judicial, the other to municipal proceedings. The external dimensions of the building are 88 feet wide, and 64 feet deep, exclusive of the tower, which is 18 feet wide, and rises 112 feet from the ground; in which is an illuminated clock and alarm bell. The inscriptions on the two wings and tower are as follows —On the right wing, “Restitutum AD. 1842.” On the left wing, “Deflagratum AD. 1841.” On the tower, “Forum Municipale.”

The COUNTY HALL, or Court of Justice, a commodious structure of freestone, with a large courtyard in front, erected in 1660, is situated at the foot of St. Mary’s gate. Considerable alterations and additions were made in this building in 1829. It now extends to Jury street and Walker lane, and the total amount expended in the cost of land, and the necessary alterations, amounted to £18,052. The courts are 50ft. by 30ft. each, with galleries around three sides, which are supported by columns; similar columns also sustain the roof, and are much admired for their beautiful proportions and enrichments. It is well ventilated, and kept at a proper temperature by means of heated air, the interior of the building has been completely renovated and fitted up in harmony with the rest of the edifice. In the hall is a bust of the late Francis N. C. Mundy, Esq., of Markeaton hall. The judge’s lodgings, on the right of the court yard, is a good brick building, and on the left, is the county hotel.

THE COUNTY GAOL occupies a pleasant situation, in South street, near the Uttoxeter old road. It having been determined at the county sessions, in 1821, to erect a new gaol and house of correction, for the use of the county, to admit of the arrangement and clas­sification required by act of parliament. For this purpose, six acres of land were obtained from the trustees of Larges’ Hospital, by the exchange of thirty-six acres of land, belong­ing to the county, in the parish of Sandiacre, and in 1823, the plans of Mr. Francis Goodwin, architect, were approved of, and eventually adopted at the estimated cost of £46,208 5s. 4d.; but the total cost of the structure, including furniture, &c., was £65,227 4s. 6d. The entrance displays a bold and commanding appearance, exhibiting the strength of character of which the Doric order is capable. The boundary walls enclose an area of three acres, they are built of brick, 25ft. high, and defended with towers, which are furnished with fire-arms. The Governor’s house and chapel stand in the centre, from which radiate seven wings. Two small buildings apart from the rest are appropriated to the fe­males, and another detached building is assigned to the refractory and those sentenced to solitary confinement. The number of cells was originally, 185; but which, in 1855 and 1856, was increased to 228, some of which will hold three persons each. Workshops have also been provided for tailoring, shoemaking, joiner’s work, and for the manufacture of hearth rugs. Two long ranges of sheds have also been erected, for the prisoners to break stones, in separate cages.

A magazine is built within the boundary wall, in which the powder belonging to the

HISTORY OF DERBY.                                                         51

 

Cavalry and Militia, is deposited. The Armoury of the out-pensioners, is also within the prison. Mr. James Henry Sims, as keeper of the prison, has a salary of £300 a-year; Miss Eliza Hunt, as matron, £60 a-year; Mr. H. F. Gisborne, surgeon, £200 a-year, for attending the prison daily. The chaplain, the Rev. Henry Moore, receives £250 a-year, and performs divine service twice on the Sunday, and afterwards attends the prisoners, who are catechised and instructed. Prayers are also read every morning at a quarter before nine o’clock, in the week days, after which the chaplain devotes a short time to the moral and religious instruction of those convicted. There are six turnkeys, who each receive 24s. a-week; fourteen, 22s. a-week; two females, 15s. each, and a watchmen, who receives l9s. a-week.

The Borough gaol, before 1730, was under the Town Hall, but when it was taken down a small addition was made to the county gaol, at the foot of St. Peter’s street, to serve for that purpose. In 1756, however, they were both removed, a county prison having been erected in Nun’s Green, said the borough gaol was removed to Willow Row.

The prison in Friargate was used as the county gaol till 1825, when the new one having been erected, it was bought by the corporation for £3,000, as a borough gaol, the one in Willow row being very inconvenient. It continued the borough gaol till 1840, when an arrangement was made for the reception of the borough prisoners in the county gaol; it was sold and taken down, and some good houses erected on its site.

POLICE OFFICE is in the Town Hall; the force was established in 1836, and consists of Mr. J. H. Radley, the superintendent, 4 sergeants, 2 office constables, and 31 privates.

EXECUTIONS—TWO gallows were erected in 1534, for hanging prisoners upon. In 1590, one Okay, was hanged in the Town Hall, but not known how. In 1601, a woman was burnt to death, in Windmill pit, for poisoning her husband. In 1607, the witches of Bakewell were executed. 1609, in this year Roger Moore was slain by Henry Bennett, for which he was executed shortly after. 1645, Richard Cockrum was executed on the gallows on Nun’s green, for killing — Mills, a servant at the Angel. 1705, John Crossland and son, for horse stealing; he and his two sons were convicted of this offence, after sentence was passed, the bench offered to pardon one if he would hang the other two; the offer was first made to the father, who declined, then the eldest son, who also declined, and then to John, the youngest, who accepted it without remorse; he was afterwards hangman for this and two or three of the neighbouring counties, till he was incapacitated through old age. 1732, March 23rd, John Hewitt and Rosamond Olerenshaw were executed for poisoning Hannah Hewitt, the, wife of John Hewitt; they were executed in their shrouds. 1735, Aug. 16th, John Smith, of Norbury, for burglary. 1738, March 30th, Richard Woodward, for highway robbery; he dressed himself in his shroud and walked to the place of execution. 1740, April 9th, Wm. Dolphin, aged 33, for highway robbery, near Chesterfield. 1740, August 28th, George Ashmore, for coining; the day after execution he was interred at Sutton-on-the-hill, but his body was stolen by the resurrectionists. 1741, Aug., Robert Bowler, for shooting and wounding Edward Rivington, butcher, between Belper and Pentrich. 1754, March 29th, Mary Dilks, for murdering her illegitimate child; a new gallows was erected for this occasion. 1776, Matthew Cockayne was hanged and afterwards gibbetted, for murdering Mrs. Mary Vickars. 1800, Sep. 5th, Thomas Knowles, for forgery. 1801, Aug. 14th, Lacy Powell, aged 26, and John Drummond, aged 23, two Irishmen, for highway robbery; James Gratian, of Heage, aged 28, for housebreaking; John Evans, of Duffield, aged 22; and John Dent of Coleorton, aged 47, for sheep stealing. 1812, April 10th, on the new drop, in front of the county jail, James Tomlinson, aged 27, and Percival Cook, aged 26, for robbing Mr. Hunt’s house, at Ockbrook. 1817, Aug. 15th, John Brown, of Nottingham, aged 38; Thos. Jackson, of Woolley moor, aged 20; George Booth, of Chesterfield, aged 21; and John King, of Matlock, aged 24, for arson, at Col. Halton’s, South Wingfield. 1817, Nov. 7th, Jeremiah Brandreth, alias the Nottingham captain, a native of Exeter, aged 27; Wm. Turner, aged 46; and Isaac Ludlam, aged 52, both of South Wingfield, for high treason; they were afterwards beheaded. 1819, March 22nd,

52                                                                            HISTORY OF DERBY.

 

Hannah Bocking, of Litton, aged 16, for poisoning Jane Grant, a young woman of the same village; she gave the poison in a sweet cake to her companion as they were going to fetch some cattle out of a field near to which stood the gibbet post of Anthony Lingard, who was executed at Derby for murder. 1819, April 2nd, Thomas Hopkinson, aged 20, a native of Ashover, for highway robbery; he was of the party who committed arson, at South Wingfield, in 1817, but was admitted king’s evidence. 1825, April 8th, George Batty, aged 40, from Norton Woodseats, for ravishing Miss Martha Hawksley, aged 16, in the parish of Beauchief. 1833, April, John Leadham, for bestiality; he was the first criminal executed at the now county prison. 1843, March, Samuel Bonsall, aged 26; Wm. Bland, aged 39; and John Hulme, aged 24, for murdering Miss Goddard, at Stanley. 1847, April, John Peatts, aged 42, for the murder of George Collis, of Chesterfield. 1852, March 26, Anthony Turner, for the murder of Phœbe Barnes, of Belper.

ECCLESIASTICAL GOVERNMENT.—Derby is the head of the archdeaconry, which com­prises the whole of Derbyshire and was founded previous to the year, 1140, by the bishop of Coventry; its value in the king’s books is £26 13s. 4d. The Venerable and Rev. Thos. Hill, B.D. the Archdeacon, holds an annual visitation in All Saints church, then by adjournment, to the King’s Head inn, at which the Churchwardens of the different parishes are sworn into office.

THE CLERGY CHARITY.—This society for the relief of the widows and orphans of clergymen, and the families of distressed clergymen, within the deaneries of Derby, Ashbourn, Reppington, and Castellary, in the archdeaconry of Derby, was instituted at Derby, May 17th, 1721.

MONASTIC INSTITUTIONS.—The ancient religious foundations of  Derby, which arose in Catholic times, were neither numerous nor splendid. In the first centuries of Christianity, many of its persecuted votaries, in order to avoid a cruel death, “and the better to give themselves up to fasting, prayer, and contemplation, retired by themselves into desert places,” in allusion to which they were called hermits, “After the persecutions of the Christians were over, and the church enjoyed peace, these hermits by degrees returned to towns and cities, and associating together, they lived in houses called monasteries, and confined themselves to certain rules agreed upon among themselves.” But it was not till the beginning of the seventh century that Christianity obtained a firm footing in England. Monachism was first commenced in Asia, and afterwards spread all over Europe, and its reign in England was as brilliant as in any other part of the world, till Henry VIII., who was, perhaps, a necessary scourge for the sins and bigotry of the times in which he lived, swept away nearly all its institutions, and threw their immense wealth into a more corrupt channel than even that which it had previously occupied; for, instead of its reverting to the original parochial uses, or preserving it for the spiritual and bodily support of the poor, in accordance with the original intention of the donors, he sold or granted most of it to private individuals, for the gratification of his own concupiscence, and for the satisfaction of those who connived at his lascivious errors. That the monks had become insolent and corrupt, and that a religious reformation was necessary all must admit; but this perversion of property from its parochial or charitable uses all must condemn. The religious houses which existed in Derby were St. Helen, Derley Abbey, Priory of Benedictine nuns, Priory of Black Friars, Maison de Dieu, and a cell of Cluniae monks. St. Helen, the most ancient religious house in Derby, was established in the reign of King Stephen, by Robert de Ferriers, the second Earl of Derby. He placed an abbot and canons in it, and by various endowments provided for their accommodation and support. But in the early part of the reign of Henry II, the dean of Derby gave to the master and canons at St. Helens all his possessions at Little Derby or Derby, for the erection of a church and monastery at Derby, but it does not appear certain that the house at Derby was entirely deserted at this time, for in the Lincoln taxation, made in the 20th year of Edward I., the master of the house of St. Helen’s, at Derby, is mentioned as distinct from the abbot of Derley.

DERLEY ABBEY.—As it has been observed, the dean of Derby gave to the master and

                                                                                HISTORY OF DERBY.                                                         53

 

canons of St. Helen, his possessions at Derby, for the erection of a church and a habitation for themselves. At the same time, he endowed this religious house with his patrimonial estate at Derby, and the patronage of the church of St. Peter, with all its appurtenances. This grant was afterwards renewed and confirmed by the charters of the burgesses of Derby, and of king Henry II., but it constituted but a small part of the wealth of this religious house, for it afterwards received many valuable endowments from several other persons; in particular the churches of St. Michael, and St. Werburgh, and the school in Derby, and the churches of Crich, Uttoxeter, Pentrich, Ashover, Wingfield, Bolsover, and Scarcliffe, together with the emoluments and privileges of which they were respectively possessed. It was also endowed with many tracts of land, of great extent, in various parts of the county. Several entire manors were granted to it; of this number were Ripley, Pentrich, Ulkerthorpe, Crich, Lea, Dethick, Ible, Tansley, Winstanton, Oggedeton, (Hognaston,) Succhethorn, Aldwork, and Sewelledale. Lands in other places were likewise given for the support of this establishment; in particular, nineteen oxgangs in Chilwell and five in Aneleg, (Annesley); a moiety of Blackwell; a moiety of Kildulvescot; a moiety of Newton, with eight oxgangs in Rutington, and four in Herduvic; one manse in Notting­ham, and 200 acres in Burley. It was endowed with the mill at Horsley, two mills upon Odderbroe, near Derby, and two mills in the same town. It likewise held by various patents, tenements in Derby, Alvaston, Normanton, and Wessington; in Crich, Haslewood, and Duffield; in Litchurch, Weston, Mugginton, Normanton, Spondon, Chaddesden, and Little Chester; in Thurleston, Alvaston, and Ambaston; in Ripley, Waring-grene, Codnor, and Derby. The abbot also enjoyed several peculiar privileges; all his lands in tillage, and all his other property were exempt from paying tithe. He was appointed dean of all the churches in Derbyshire, which were given to the abbey. He was empowered to hold a chapter of the secular clergy, and in conjunction with them to judge of those things which appertain to the office of a dean, without the interference of any person whatever, except the bishop. The abbot and canons of Derby were also allowed as much wood as they could drew from Chaddesden with one cart. The total value of these endowments at the dissolution, was £285 9s. 6d., or the clear value £258 l3s. 6d. It was surrendered on the 22nd day of October, in the year 1539, by the abbot and thirteen monks. The site of the abbey was granted in the 32nd year of Henry VIII. to Sir William West. In the year, 1540, the tombs and whole church were sold for £20, the cloyster for £10, and the chapter house for 20s., and £45 1s. l0d. was received for six bells, and the whole of the plate weighed 134 ounces. A part of the property belonging to Derley abbey, was granted by Queen Mary to the bailiffs and burgesses of Derby, particularly the advowson of the churches of St. Peter and St. Michael, in Derby, the school, and several messuages and parcels of land, in the town and its neighbourhood.

PRIORY OF BENEDICTINE NUNS.—In 1160, in the reign of Henry II., the abbot of Derley founded a small nunnery at Derby. The bishop of Coventry committed it to his care, and granted him a license of consecrating the virgins who were received into it.  This Priory, it appears, stood on the north-west side of the Nun’s green, and at its dis­solution, its revenues were estimated at £18 6s. 8d., or £21 18s. l0d. per annum. Henry III., to obtain the prayers of the prior and convent for the soul of his father King John, gave five pounds, to be paid yearly by the bailiffs out of the fee farm of the town of Nottingham. Henry IV., by charter dated the 10th of October, in the 13th year of his reign, granted to this religious house one messuage, and twelve acres of land in Bistallegh and Ashop (Alsop-in-the-dale). He likewise endowed it with twenty-seven acres of land, with their appurtenances, in Peak forest, and with the common pasture in Fairfield, in the same forest. This right was very extensive. It reached, in the direction of north and south, from Smalldale to Alport, near Youlgrave; an extent of at least ten miles, besides various other endowments, there was the site of the building with garden and curtelage, and 240 acres of land. It also possessed land in Langley and Trusley, and several mes­suages and parcels of land in Aston-upon-Trent.