Many corporations, in addition to their maces, possess swords of state or honour. According to the best authorities, the oldest symbols of municipal powers were the sword and the dragon, both of Roman origin, the one being the cohortal ensign of the Romans, the other the insignia of Supreme Justice.
“At Amiens (says Dr. Thompson in his Eng. Mun. Hist.), the insignia of Supreme Justice consisted of two swords of antique shape, carried in the hands of two officials, and a similar custom prevailed among almost all the great Corporations of France, which undoubtedly had a continuity from Roman time.”
The sword, then, is the symbol of criminal jurisdiction, as the mace is of civil. The County Palatinate of Chester had a state sword, which is figured in the Visitation of that county in 1580, published by the Harleian Society; while the Bishop of Durham, so long as he was a temporal power and had criminal jurisdiction, was presented with a sword on taking possession of his see.
The right to have a sword borne before a mayor was originally conferred either by charter, which may often have merely confirmed a previous practice, or by a royal present of a sword. Thus James I. gave the City of Canterbury a sword to be borne before the mayor. Hull has two swords, one given by Henry VIII., the other by Charles I. The authorities of Carlisle purchased a “Sword of Honour” in 1635-6 for £4 13s. The blade at least was second-hand, for it bears the date of 1509, and was made at Milan. The authority to bear it was given by royal charter in 1637, but it was probably purchased in London by a deputation who went there to arrange about procuring the charter. On the locket of the sheath is cut the letter S in great size, and I have never found a satisfactory account of what it means, unless it stands for sword. Our governing charter at Carlisle gives us the right to have a sword by authorising us to have an official “qui erit et vocabitur Portator Gladii nostri coram Mayore Civitatis prædictæ.”
The grant by charter of a sword differs in various places: at King’s Lynn the sword is to be sheathed, at Chester it is to be borne before the mayor “in our absence,” and point upright. I take it that the sword should always be point upright, and that the Corporations of London and York are wrong in putting it on their achievements of arms with the point down. I take it, it should never be lowered but in the presence of the Crown. The swords are generally sheathed, but the sword at Great Yarmouth is carried unsheathed in time of a European war. At Lichfield a sword is kept permanently fixed over the mayor’s pew, and sheathed, but the sheath is withdrawn when the mayor attends church. At Carmarthen the sword, by charter of Henry VIII., is ordered to be “freely and lawfully” borne before the “said mayor in manner as is accustomed to be done in our City of London.” A curious story comes from Coventry, that in 1384 the sword was carried behind the mayor because he had not done justice. The Corporation of Chester and the dean and chapter of that place fell out about the sword; the ecclesiastics objected to the mayor bringing his sword to church, but it was decided that
“As often as the mayor repaired to the church to hear divine service or sermon, or upon any just occasion, he was to be at liberty to have the sword of the city borne before him with the point upwards.”
The information I have before me only furnishes the names of five places as having Caps of Estate or Maintenance, namely, London, York, Coventry, Exeter, and Waterford. They are generally worn by the swordbearer, and I imagine that many more places than I have mentioned provide their swordbearers with fur coverings for their heads; but it is not to be taken for granted that every fancy hat, whether of fur or not, worn by a swordbearer is a Cap of Maintenance. Gwillim defines a cap of maintenance as a cap of dignity, worn by dukes in token of good government and freedom. Planché makes it the same as the “Abacot,” a cap worn during the fourteenth, fifteenth, and commencement of the sixteenth centuries by royal and noble personages, varying in form, and ultimately taking a shape not unlike a Glengarry cap, made of crimson velvet and lined with ermine, and occasionally placed by heralds beneath crests instead of the ordinary wreath. It appears of that shape as a crest to the arms of the City of York, but at London, both in the armorial bearings and on the swordbearer’s head, it is of fur, of the shape of an inverted flower-pot. At Coventry it is also of fur, and round, while at Exeter I believe it is of red velvet. The history of this is known: it was presented to the City of Exeter by Henry VII., and was worn by the swordbearer until lately, when, on the suggestion of Mr. Tucker (Somerset Herald), it was ordered to be carried before the mayor on a cushion. I do not know the history of the other fur caps of maintenance I have enumerated. If I did I might be able to throw some light on the matter, but I own to being a little in the dark as to caps of maintenance. If, as Gwillim says, the cap of maintenance is a mark of freedom, its association with the swordbearer (the sword denoting criminal jurisdiction) may mean freedom from all extraneous criminal jurisdiction.
If this is so, I would suggest to the powers that be to lay down the following rules:—
That every mayor may and should have a mace; the mayor of a borough with a separate commission of the peace—a mace and a sword. If, in addition, his borough has quarter sessions of its own, then he should also have a cap of maintenance.
The Corporations of Colchester, Dover, Southampton, Norwich, Beaumaris, Preston, Great Yarmouth, Poole, Rochester, Boston, Waterford, &c., possess Silver Oars, the symbol of the maritime jurisdiction once enjoyed by those places, but abolished by the Act of 1840, placing all creeks and rivers in Great Britain under the High Court of Admiralty. The origin of this symbol is not known, but it is a natural one, and is, or was [for the Court is merged, I suppose, into the High Court of Justice] the badge or mace of the High Court of Admiralty, and was laid before the Judge, as the great mace used to be laid before the Chancellor, when he presided in Chancery. The one belonging to the High Court of Admiralty is said to be 130 years old, but an older one with the arms of Queen Elizabeth thereon was once in existence. That belonging to the Admiralty of the Cinque Ports is older still. One belongs to the Governor of Bermuda, who has Admiralty jurisdiction. These civic oars, like the maces, divide into two classes: large ones, like that formerly at Boston, or that now at Great Yarmouth, meant to be carried as maces before the mayor; small ones, as at Colchester and Dover, the badges of authority of the water-bailiffs, who showed them, when executing process, as the sergeants-at-mace did their maces. That at Dover is 6 in. long, and is contained in a brass cylindrical box. The Colchester one is 10 in. The one which was sold by Boston in 1832 is 3 ft. 3 in. long, and was carried as a mace; it is of the date of Queen Elizabeth, and is now in the possession of Lord Brownlow. That at Yarmouth is 4 ft. long, and has the Royal arms and those of the borough on the blade. It was presented in 1745, and is of silver gilt. It is carried before the mayor and behind the maces. Rochester possesses both a great and small silver oar.