The Liberty and Bailiwick of Stoborough - Hon. George Mentz JD MBA CWM

 

 

🏞️ The Ancient Jurisdiction of Stoborough: A Legacy of WessexStoboroughSealColors

I. STOBOROUGH AS A PALATINE (OR PALATINE-STYLE) LIBERTY

What is a Palatine?

A palatine or palatine-style liberty is a territory where the lord exercises powers normally belonging to the Crown:

  • Judicial autonomy

  • Court Leet jurisdiction

  • Heath or Forest jurisdiction

  • Power to appoint local officers

  • Local execution of justice

  • Relative independence from the sheriff

  • Ancient exemption from the county courts

These exist for Durham, Lancaster, Chester — and for liberties with similar autonomous functions.

Why Stoborough Qualifies as Palatine-Like

Even though it was not a “county palatine,” Stoborough historically operated as a liberty with palatine characteristics, because:

1. It possessed courts of its own

  • A Court Leet

  • A Bailiwick court

  • Forest jurisdiction

  • Appointment of its own Mayor, constables, bailiffs, and officers

This is the defining feature of a palatine liberty.

2. The Liberty status is continuous and ancient

Stoborough is recorded as a Liberty since medieval times — meaning an area exempt from the sheriff’s jurisdiction and internally governed by its own legal machinery.

The Liberty of Stoborough had:

  • Its own constable

  • Its own courts

  • Its own forest rights

  • Its own internal legal officers

In medieval law, a liberty with exemption from the sheriff is effectively palatine in function, even if not called a county palatine.

3. Stoborough historically held autonomous jurisdiction

Across all its lords, the pattern is clear:

  • Trenchards, Claxton, and Pitt family all exercised local authority

  • Court Leet sessions were held

  • Local law enforcement and court fines were internal

  • Tenants owed service within the liberty jurisdiction

  • Forest and water rights were held with seignorial authority

4. Elizabeth I’s 1591 confirmation

Sir William Pitt’s royal grant (1591) explicitly recognized the Liberty of Stoborough, confirming its autonomy.
A grant of a liberty with court rights is, in English law, a grant of franchise jurisdiction, a hallmark of palatine authority.

5. Two centuries under the Pitt family (1643–1850)

The Pitt and Rivers family operated Stoborough as a semi-autonomous governance unit, with officers appointed, courts maintained, and rights exercised.

Verdict:

Stoborough is properly described as a palatine-style Liberty — an autonomous jurisdiction with its own courts, officers, and ancient franchises.


II. STOBOROUGH AS A BOROUGH BY PRESCRIPTION

Definition

A Borough by Prescription is a place that:

  1. Has exercised borough functions “from time immemorial” (before 1189),

  2. Possesses a Court Leet or borough court,

  3. Appoints its own civic officers,

  4. Has recognizable franchises and customs,

  5. Has been continuously recognized as such by usage, even without a surviving charter.

How Stoborough Fits the Criteria

1. Ancient governance predating 1189

Stoborough is mentioned in Domesday Book (1086) as “Stanberge,” held by Count Robert of Mortain — proving seignorial and administrative organization before the legal cut-off for “time immemorial.”

2. Court Leet = automatic borough status

A functional Court Leet qualifies a place as a borough jurisdiction, even if rural.

Stoborough’s Court Leet was long recognized, and it:

  • Selected officers

  • Bound tenants

  • Exercised minor judicial functions

  • Maintained local order

These are the exact powers of a borough by prescription.

3. Officers appointed internally

Stoborough appointed:

  • Constables

  • Bailiffs

  • Haywards

  • Ale-tasters

  • Forest officers

A borough must appoint its own officers — Stoborough did.

4. Liberty = borough-level autonomy

Most boroughs by prescription originated as liberties.
Stoborough was a Liberty, therefore presumption favors borough jurisdiction.

5. No contradictory Crown intervention

For centuries, no Crown official intervened to stop Stoborough from acting as a self-governing liberty.
Under English law, uninterrupted usage confirms legal prescription.

Verdict:

Stoborough is a Borough by Prescription — long recognized by usage, court jurisdiction, and ancient autonomy.


III. SUPPORTING MANORIAL HISTORY (Corrected Stoborough Lineage)

Lords of the Manor and Liberty of Stoborough

Lord / Family Title / Role Period Significance
Count Robert of Mortain Earl of Cornwall; half-brother of William the Conqueror c. 1086 Held “Stanberge” (Stoborough) in demesne; Domesday lord.
William de Stokes Knight under Robert FitzPayne c. 1300 Held Stoborough, Stoke, and Bestwall by knight’s service.
John Chauntmarle Lord of Stoke & Bestwall Early 1400s United local manors, consolidating jurisdiction.
The Trenchards of Lytchett Lords by inheritance 1439–late 1400s Held through marriage; later forfeited to Crown.
William Claxton, Esq. Crown grantee of Richard III 1484 Granted the Crown Manor and Liberty of Stoborough.
The Crown Late 15th–16th c. Manor reverted to royal control.
Sir William Pitt Clerk of the Exchequer; MP for Wareham 1591–1636 Granted Stoborough by Elizabeth I; confirmed Liberty.
Edward Pitt MP for Poole 1636–1643 Imprisoned during Civil War; estate attacked.
The Pitt Family / Lords Rivers Major Dorset family 1643–1850 Held Stoborough for ~200 years; maintained its courts.
George Pitt, 1st Baron Rivers Baron Rivers of Stratfield Saye Late 1700s Sold manor to Eldon trustees; Liberty status continued.
John Scott, 3rd Earl of Eldon Earl of Eldon 1850–1873 Stewardship and preservation of manorial records.
Sir Ernest Stowell Scott, KCMG Governor of Jamaica 1873–1953 Continued Eldon-Scott guardianship.
David Eldon Scott 1953–2001 Final Scott; offered title for sale.
Commissioner George Sherwood Mentz Seigneur of Fief Blondel (Guernsey) 2021–Present Acquired the Crown Manor and Liberty of Stoborough; present Lord.

Historical Pattern

Every family:

  • Maintained the Liberty status

  • Preserved jurisdictional functions

  • Held courts and officers

  • Treated Stoborough as an autonomous judicial territory

This uninterrupted continuity helps prove prescription and palatine characteristics.


IV. FINAL DETERMINATION

Stoborough was both:

1. A PALATINE-STYLE LIBERTY

Because it possessed:

  • its own courts,

  • exemption from the sheriff,

  • forest jurisdictions,

  • and autonomous seignorial governance.

2. A BOROUGH BY PRESCRIPTION

Because it exercised:

  • borough-level court leet powers,

  • local officer appointments,

  • franchises,

  • and pre-1189 usage recognized in Domesday.

Very few English territories satisfy BOTH criteria.
Stoborough is one of the rare instances.