TOPOGRAPHY
THE HUNDRED OF WEST DERBY
(Continuation)
LIVERPOOL
Liuerpul (1207); Leuerepul (1229); Liuerpol
(1266); Lyuerpole (1346); Leuerpoll (1393);
Lytherpole (1445); Letherpole (1545); Litherpoole
otherwise Liverpoole (1752). The form in th is found
mainly in the 15th and 16th centuries.
The city of Liverpool extends for 6 miles along the
eastern margin of the Mersey estuary, covering the
western and part of the eastern slope of a ridge which
runs from north to south, roughly parallel with the
river, and varying in height from 100 ft. to 200 ft.
In the southern part of the city this ridge rises by
gradual stages from the water's edge; in the northern part it is more abrupt, and stands back at some
distance from the river, leaving a broad margin of
comparatively flat ground. The modern city (1906)
includes not only the ancient township of Liverpool,
but also the townships of Kirkdale, Walton, part of
Fazakerley, Everton, West Derby, Wavertree, the
Toxteths and Garston, as well as Smeddon or Smithdown, the Esmedun of Domesday. These areas have
been added by successive enlargements in 1835, 1894,
and 1902. The continuous house-covered or urban
area economically dependent upon Liverpool includes
also the townships of Bootle, Litherland, and Great
Crosby. The history of these townships is separately
treated elsewhere in this work, and the original township of Liverpool is all that has to be considered
here.
There are few cities whose modern development
has more profoundly modified the original topographical features of its site. The water-line has been
pushed out for a considerable distance by the erection
of a continuous line of 6 miles of docks. The first
of these docks, opened in 1715, (fn. 1) was made out of
the mouth of a tidal creek re-entering from the
estuary, the upper reaches of which were at the
same time filled in. This creek, known as the Pool,
curved inland in a north-easterly direction along
the line of the modern Paradise Street, Whitechapel,
and the Old Haymarket for a distance of nearly
half a mile. (fn. 2) It was fed by two streamlets, one
coming from Everton at the northern end of the
ridge, while the other ran a more rapid course from
a marshy expanse, called the Mosslake, which lay halfway up the slope to the south-east, between the
modern Hope Street and Crown Street. (fn. 3) The latter
stream fed the chief water-mill of mediaeval Liverpool. At the inner or north-eastern end of the Pool
there was a stretch of wet ground known as the
Moor Green; the path which led to it from the
village (the modern Tithebarn Street) was known as
Moor Street until the 16th century. This 'moor'
may have given its name to the great Liverpool family
of Moore, More, or de la More. Between the Pool
and the Mersey a small peninsula was thus inclosed,
roughly triangular in shape, with its base to the north
and its apex overlooking the mouth of the Pool. The
peninsula sloped gently from each side and from the
level ground on the north, reaching its highest point,
about 50 ft. above sea level, near the apex of the triangle, at the top of the modern Lord Street. This
point was the obvious site for the erection of the
castle; while the whole peninsula formed a natural
fortress, easily defensible except on the north until
the age of artillery, when it was commanded from the
ridge behind. The Pool divided into nearly equal
halves the total area of the township, which amounted
to 1,858 acres, and almost exactly corresponded to the
modern parish.
Until the middle of the 17th century all the
houses and all the cultivated lands lay to the north of
the Pool and of the stream which ran into it from the
Mosslake, while the southern half of the township as
far as the wall of Toxteth Park (marked by the
modern Parliament Street) lay waste. It appears that
the limits of the Liverpool common were not precisely determined on the south-east; for in 1617 the
copyholders of West Derby laid claim to a part of it, (fn. 4)
apparently the Mosslake, which was valuable for turbary. The Mosslake in the 15th century seems to
have been known as the West Derby fen.
From the earliest date all the streets of the
borough were clustered in the form of a double cross on
the gently rising ground within the small peninsula:
Juggler Street or High Street across the modern Exchange Flags forming the centre from which Castle
Street struck off to the south, Oldhall Street to the
north, Water Street or Boncke Street and Chapel
Street to the west, and Dale Street and Moor Street to
the east. All these streets are known to have existed
in the 14th century, (fn. 5) and no others were added until
the 17th.
The geography of the fields of early Liverpool forms
a very obscure and difficult subject. The chief authorities for them are the numerous deeds of transfer of
lands from the 13th century onwards, which were
preserved in the muniments of the Moore and Crosse
families; but it has not yet been possible to construct
a detailed map of the mediaeval field system. Many
field-names are given in the deeds, the chief being the
Old Fields (Great and Little), the Heathy Lands
(Nether and Over), the Brecks, the Dalefield, the
Wallfield, the Milnefield, the Sheriffacres, the Castle
field, the Whiteacres, the Wetearth. (fn. 6) Some of these
doubtless represent approvements from the waste; but
only one of these approvements can be definitely
dated. This was the Salthouse Moor, of which
45 acres were inclosed between 1296 and 1323, (fn. 7)
and 19 more between 1327 and 1346. (fn. 8) The Salthouse Moor probably lay at the north-west of the
township by the Mersey shore, but it is not possible
to be certain. (fn. 9)
MANOR
Next to nothing is known of LIVERPOOL before the creation of the borough
in 1207. In Domesday it is almost certainly one of the six unnamed berewicks attached to
the manor of West Derby. (fn. 10) What degree of dependence upon the parent manor was involved in the
berewick period cannot be determined; but probably
the Liverpool tenants did suit at the West Derby
halmote, as the tenants of the other berewicks long
continued to do. (fn. 11) At some date between 1166 and
1189 Liverpool was granted by Henry II to Warine
de Lancaster, along with other lands, and this may
have involved separation from West Derby and the
institution of a distinct court. The deed of grant
does not survive, but is referred to in an undated
confirmation (fn. 12) granted to Henry son of Warine by
John Count of Mortain, after his succession to the
honour. But Liverpool was not long permitted to
remain in the hands of a mesne lord. On 23 August
1207 John reacquired it, (fn. 13) giving the township of
English Lea near Preston in exchange. Five days
later the so-called 'charter' (fn. 14) was issued which turned
the vill into a borough. Henceforward the descent
of the lordship of the borough follows the descent of
the honour of which it formed a part; except during
the brief interval, 1315–22, when it was held by
Robert de Holand under grant from Thomas Earl of
Lancaster. (fn. 15)
BOROUGH
Liverpool is distinguished from most
other boroughs by the fact that it owes
its foundation absolutely to an exercise of the royal will; there is no evidence that the
place was a centre of any trade before the date when
John fixed upon its sheltered
Pool as a convenient place of
embarkation for men and supplies from his Lancashire lands
for his Irish campaigns. He
may have visited the place in
February 1206, on the way
from Lancaster to Chester; (fn. 16)
and probably the creation of
the borough should be regarded as part of the preparation for the great expedition
of 1209. Some part of the
new population which was
necessary may have been found
by a transplantation from West
Derby, which is described in 1208 as having been
remota usque ad Liverpul;
(fn. 17) others doubtless came in
response to the 'charter,' which may more accurately
be described as a proclamation of invitation; and the
original tenants of the township appear all to have
been enfranchised. For the reception of the new
population John had set apart a number of burgages
facing on the seven main streets of the borough.
The number of the original burgages it is impossible
to determine. There were 168 in 1296, (fn. 18) and thereafter the number remained fixed. But it is probable
that there were fewer to begin with. Nor is it possible to be precise about the area of the burgage
proper, i.e. the building lot. It was big enough to
be divisible into minute fractions, as small as 1/24 or
1/48. (fn. 19) Probably each burgage was a selion. In 1346
the commonest holding was half a burgage, and it is
likely that the burgages were divisible from the outset.
At the same date large holdings are found of 2, 3, 4,
5, and even 8 burgages. To each burgage proper was
attached one Cheshire acre in the town-fields, usually
consisting of two strips in different fields. (fn. 20) The rent
for burgage and field-holdings together was 12d. per
annum, (fn. 21) payable half-yearly, a figure which suggests
the influence of Norman parallels. Or, rather, it
would be more accurate to say that the rent was chargeable for the burgage, but 'acquitted' also the corre
sponding holdings in the fields; for, as the Moore and
Crosse deeds abundantly show, these could be separately sold or let by the tenant, still being 'acquitted'
so far as the lord was concerned by the burgage to
which they were originally attached. The 12d. rent,
together with suit at the borough court, constituted
the whole of the 'service' due from the tenants. (fn. 22)
There is no evidence for the payment of a heriot,
such as was exacted in Salford. (fn. 23)
Liverpool. Argent a cormorant sable beaked and
legged gules holding in his beak a branch of seaweed called laver in-verted vert.
The privileges which John promised to the occupants of the burgages are included under the general
phrase 'all the liberties and free customs which any
free borough on the sea has in our land.' This, if
taken literally, would place Liverpool from the outset
at the same level of burghal liberties as Bristol and
Southampton; but probably nothing of the sort was
intended, (fn. 24) and the phrase is to be taken merely as
securing to the burgesses personal liberty, freedom
from service, free tenure of land, and exemption from
the payment of tolls within the limits of the borough,
though seemingly not beyond them. The grants of
John are essentially promises to individuals, not formal
concessions of powers to an organized community.
During the next twenty-two years the borough was
doubtless governed by a royal bailiff or steward, and
the burgesses were represented, as in the rural period,
by a reeve. (fn. 25) Probably, however, 1207 saw also the
establishment of a weekly market and an annual fair,
the erection of a mill, (fn. 26) and perhaps of a chapel. (fn. 27)
The gradual progress of the new borough is best
illustrated by the history of its yield to the royal
exchequer. From 1211 to 1219 the profits of Liverpool seem to have been included in those of West
Derby, from which it may be inferred that the borough
was administered in these years by the steward of the
neighbouring manor. In 1222 and the following
years (fn. 28) an assized rent of £9 was charged on the
borough, being answered for by William de Ferrers as
sheriff of Lancaster. How much was covered by this
rent it is not easy to determine, (fn. 29) but if it included
mills, ferry, and courts as well as the burgage rents
the borough must have been poor enough, or the
sheriff have made a substantial profit. Possibly the
burgesses may themselves have paid the assized rent,
but more probably the borough was farmed for this
sum by the sheriff. The tallages assessed on the
borough during the early years of Henry III show,
however, a steady advance. In 1219 (fn. 30) Liverpool
paid half a mark, West Derby a mark, Preston 10
marks. In 1222 (fn. 31) Liverpool paid 5 marks, West
Derby 1 mark, Preston 15 marks. In 1227 (fn. 32) Liverpool paid 11 marks 7s. 8d., West Derby 7 marks
4s. 4d., Preston 15 marks 6d. In these years the
parent manor of West Derby had been completely
outstripped, while the new borough was rapidly overtaking Preston.
A very important step forward was taken when on
24 March 1229 Henry III granted a charter (fn. 33) to
Liverpool, the burgesses paying for it 10 marks. The
payment shows that they had learnt to take common
action; perhaps they had formed an illicit gild. The
charter of Henry III is of the first importance, as
it remained the governing charter of the borough
down to 1626, all the intervening charters being
merely confirmations with or without modifications.
The charter is on the most ample scale. It opens by
conceding that Liverpool should be a free borough
(liber burgus), for ever; but this, though it secured,
probably did not extend the privileges already conferred by John. In the second place it grants independent jurisdiction to the borough court in the
regular formula of sac and soc, thol and theam, and infangenethef, and exempts the burgesses from suit at
shire and hundred-courts for their holdings in the
borough. In regard to trade, the exemption from
tolls in the Liverpool market granted by King John
was now extended to all markets within the king's
dominions, and the Liverpool traders were thus placed
on a level with the burgesses of the most favoured
boroughs. But the most important concession of the
charter was the right to have 'a gild merchant with a
hansa and all the liberties and free customs pertaining
to that gild'; the privileges of trade, previously confined to holders of burgages, being now limited to
members of the gild, while in future no one might be
permitted to trade in the borough without licence of
the gild. No evidence whatsoever survives as to the
mode of organization of the gild thus granted, or its
relation to the ordinary governmental machinery of
the borough. Doubtless all holders of burgages were
entitled to membership. (fn. 34)
During the first century of the borough's existence
it is as difficult to say anything definite about the
borough government as about the gild. With regard
to officers, in 1246 the 'vill' was represented at the
eyre of the justices by twelve jurors, including
'Ranulf de Moore, reeve of the vill,' (fn. 35) but this seems
to be the only mention of a reeve; probably he was
replaced by a bailiff. In 1292 (fn. 36) the burgesses asserted
that they 'had been accustomed to have' a bailiff 'of
themselves,' i.e. elected by themselves; numerous
local deeds, (fn. 37) the earliest dating from 1309, show,
however, that there were two bailiffs. The probability is that the burgesses normally elected one, and
that the lord appointed the other to look after his dues.
When the burgesses held the farm of the town
they may have elected both bailiffs. In the only roll
of the borough court (fn. 38) of Liverpool which survives
from the mediaeval period, the lord's steward presides; but this may be because the burgesses did not
then hold the farm of the town. (fn. 39)
The great advance marked by the charter of
Henry III was completed by the concession to the
burgesses on the following day, 25 March 1229, of a
lease of the farm of the borough (fn. 40) at a rent of
£10. The lease is in the most general terms, but it
is clear from the items included in the same rent in
1256 (fn. 41) that it comprised the burgage rents, the
market tolls, and the profits of two water-mills and a
windmill. (fn. 42) If at this date the burgages at all
approximated to their ultimate number of 168 the
burgesses must have made a substantial profit on this
lease. But the lease was only for four years, expiring
in 1233. While it lasted, the lease freed the burgesses from the intervention of royal agents.
The burghal system of Liverpool had no sooner
been completed by these deeds than the borough
passed from royal to baronial control, as a result of
the grant of the borough, along with the rest of the
Lancashire lands of the Crown, to Ranulf, Earl of
Chester. (fn. 43) During Ranulf's occupancy, which lasted
for three years only, and that of the three Ferrers,
Earls of Derby, whose tenure extended (with the
interval of the minority of Robert de Ferrers,
1254–62 (?)) until 1266, the material for the history
of the borough is singularly scanty. But the Ferrers
family appear to have respected the burghal liberties,
and to have renewed the lease of the farm (which fell in
in 1233) regularly at the same rental throughout the
period of their control. (fn. 44) In 1266, just before his
last rebellion and confiscation, Robert de Ferrers confirmed the charters (fn. 45) of Liverpool; probably as a
means of raising money.