"The breadth of the paffage between the two vamours of the bridge is 17 feet.

"The height of the work from the foundation to the setting of the vamours about 15 yards high."

The ftones for building this bridge were procured in a quarry at the east end of Tweed

mouth.

CHAP.

CHA P. IV.

Conftitution and Government.

SECTION I.

Conftitution of Berwick, Laws, and Courts.

B

ERWICK was originally a ScotchTown.

It appears, however, to have been erected into an English borough at a very early period from its having had feveral charters granted by the kings of that nation. The laft of which was granted by James the First, and fanctioned by an Act of Parliament passed in the first year of his reign in England. Under this Act the burgeffes now claim their various privileges, immunities, and exemptions, as well as very large territorial domains and poffeffions. The liberties are co-extenfive with

the

1

the parish itself. Within thefe, however, as particularly stated above, a number of private gentlemen are also poffeffed of eftates. The landed property of the corporation, if let, would amount to a very confiderable yearly rent. Great part thereof is let out upon leafes, and part of it is parcelled out into feparate allotments poffeffed by the freemen. These are called burgeffes meadows and ftints. There may be about 300 or 400 of fuch meadows and stints, which are occupied by the senior burgeffes and their widows; As they drop, the next in feniority have a right of choosing into their allotments, by which means an opportunity is annually afforded of fo many of the junior freemen coming into poffeffion of meadows or ftints,

The yearly value of a meadow and stint may run from 51. to 151. per annum ; but this depends upon the nature and cultivation of the foil; fometimes too from peculiar circumstances they exceed that amount.

Since its conqueft by the English, Berwick has been governed by their laws, except in

one or two inftances, fuch as the mode of paffing a fine of lands within the borough and liberties thereof, which is peculiar to itself. It has also an exempt jurifdiction, not being within either of the next adjoining counties of Durham or Northumberland. But though it is poffeffed of an exempt jurifdiction within itfelf, yet it is not a county.

It has a Mayor and four bailiffs, however, who all in a body (or a majority of whom)

act as fheriff in the execution of all writs and mandates from the King's Courts at Weftminfter. For though they hold a Court of record within the borough for the decifion of all caufes, both real and perfonal, to any amount, yet the King's writ runs into the borough, and fuitors have it in their option to commence their fuits either in the fuperior courts or the court of the borough. The latter, however, are fubject to be removed into the fuperior courts by certiorari writ of error, bill of injunction, &c. * For which rea

foni

* Vide Burrow's Reports, Rex vers. Cowle, Vol. ii.

p. 834.

fon matters of confequence are commonly tried on actions brought into the courts at Westminster; thofe of inferior moment being tried in the Borough-Court on account of the small expence attending fuch trials.

The judges of this borough-court are the Mayor and Bailiffs, with a jury of twelve

men.

The Mayor, Recorder, and Justices, have, by their charter, a power to hold general and quarter-feffions of the peace within the borough, for the trial of petty felonies, trefpaffes, and other mifdemeanours. They have also a power of holding a general goal delivery for the trial of capital felonies; and fuch as are capitally convicted at these trials are executed within the borough, it having a gallows for the purpofe. The feffions, or court of goal delivery, cannot be held without the Mayor and Recorder, who, when elected into office, continue Juftices of the Peace for life within the borough. Gentlemen who have ferved the office of Mayor are likewife denominated Aldermen.

The