rights. The want of a sound philosophical principle in the laws which were intended to regulate the actions of organized groups of men made it easy for the crown judges to find flaws in the legality of the actions of the boroughs, and also made it possible for the Londoners to argue that no execution could be taken against the mayor, commonalty and citizens, a “body politic invisible”; that the indictment lay only against every particular member of the governing body; and that the corporation as a corporation was incapable of suffering a forfeiture or of making a surrender. The judges gave a judgment for the king, the charters were forfeited and the government placed with a court of aldermen of the king’s own choosing. Until James II. yielded, there was no common council in London. The novelty of the proceedings of Charles II. and James II. lay in using the weapon of the quo warranto systematically to ensure a general revocation of charters. The new charters which were then granted required the king’s consent for the more important appointments, and gave him power to remove officers without reason given. Under James II. in 1687 six commissioners were appointed to “regulate” the corporations and remove from them all persons who were opposed to the abolition of the penal laws against Catholics. The new appointments were made under a writ which ran, “We will and require you to elect” (a named person). When James II. sought to withdraw from his disastrous policy, he issued a proclamation (October 17, 1688) restoring to the boroughs their ancient charters. The governing charter thenceforth in many boroughs, though not in all, was the charter which had established a close corporation, and from this time on to 1835 the boroughs made no progress in constitutional growth. The tendency for the close corporation to treat the members of the governing body as the only corporators, and to repudiate the idea that the corporation was answerable to the inhabitants of the borough if the corporate property was squandered, became more and more manifest as the history of the past slipped into oblivion. The corporators came to regard themselves as members of a club, legally warranted in dividing the lands and goods of the same among themselves whensoever such a division should seem profitable. Even where the constitution of the corporation was not close by charter, the franchise tended to become restricted to an ever-dwindling electorate, as the old methods for the extension of the municipal franchise by other means than inheritance died out of use. At Ipswich in 1833 the “freemen” numbered only one fifty-fifth of the population. If the electorate was increased, it was increased by the wholesale admission to the freedom of voters willing to vote as directed by the corporation at parliamentary elections. The growth of corruption in the boroughs continued unchecked until the era of the Reform Bill. Several boroughs had by that time become insolvent, and some had recourse to their member of parliament to eke out their revenues. In Buckingham the mayor received the whole town revenue without rendering account; sometimes, however, heavy charges fell upon the officers. Before the Reform era dissatisfaction with the corporations was mainly shown by the number of local acts of parliament which placed under the authority of special commissioners a variety of administrative details, which if the corporation had not been suspected would certainly have been assigned to its care. The trust offered another convenient means of escape from difficulty, and in some towns out of the trust was developed a system of municipal administration where there was no recognized corporation. Thus at Peterborough the feoffees who had succeeded to the control of certain ancient charities constituted a form of town council with very restricted powers. In the 17th century Sheffield was brought under the act “to redress the misemployment of lands given to charitable uses,” and the municipal administration of what had been a borough passed into the hands of the trustees of the Burgery or town trust.
The many special authorities created under act of parliament led to much confusion, conflict and overlapping, and increased the need for a general reform. The reform of the boroughs was treated as part of the question of parliamentary reform. In 1832 the exclusive privileges of the corporations in parliamentary elections having been abolished and male occupiers enfranchised, the question of the municipal franchise was next dealt with. In 1833 a commission inquired into the administration of the municipal corporations. The result of the inquiry was the Municipal Corporations Act 1835, which gave the municipal franchise to the ratepayers. In all the municipal corporations dealt with by the act, the town council was to consist of a mayor, aldermen and councillors, and the councils were given like powers, being divided into those with and those without a commission of the peace. The minutes were to be open to the inspection of any burgess, and an audit of accounts was required. The exclusive rights of retail trading, which in some towns were restricted to freemen of the borough, were abolished. The system of police, which in some places was still medieval in character, was placed under the control of the council. The various privileged areas within the bounds of a borough were with few exceptions made part of the borough. The powers of the council to alienate corporate property were closely restricted. The operations of the act were extended by later legislation, and the divers amendments and enactments which followed were consolidated in the Municipal Corporations Act 1882. (M. Bat.)
Irish Boroughs.—In Ireland the earliest traces of burghal life are connected with the maritime settlements on the southern and eastern coast. The invasion of Henry II. colonized these Ostman ports with Anglo-Norman communities, who brought with them, or afterwards obtained, municipal charters of a favourable kind. The English settlement obviously depended on the advantages which the burgesses possessed over the native population outside. Quite different from these were the new close boroughs which during the plantation of Ulster James I. introduced from England. The conquest was by this time completed, and by a rigorous enforcement of the Supremacy and Uniformity Acts the existing liberties of the older boroughs were almost entirely withdrawn. By the new rules published (in terms of the Act of Settlement and Explanation) in 1672 resident traders were permitted to become freemen, but neither this regulation nor the ordinary admissions through birth, marriage and apprenticeship succeeded in giving to Ireland free and vigorous municipalities. The corrupt admission of non-resident freemen, in order to outvote the ancient freeholders in parliamentary elections, and the systematic exclusion of Roman Catholics, soon divorced the “commonalty” from true local interests, and made the corporations, which elected themselves or selected the constituency, dangerously unpopular.
Scottish Boroughs.—In Scotland burghs or burrows are divided into royal burghs, burghs of regality and burghs of barony. The first were erected by royal charter, and every burgess held direct of the crown. It was, therefore, impossible to subfeu the burgh lands,—a distinction still traceable in modern conveyancing. Where perhaps no charter ever existed, the law on proof of immemorial possession of the privileges of a royal burgh has presumed that a charter of erection once existed. The charter gave power to elect provost, bailies and council, a power long exercised under the act of 1469, which directed the new council to be chosen annually by the retiring council, and the magistrates by both councils. The jurisdiction of these magistrates, which was specially reserved in the act of 1747 abolishing heritable jurisdictions, was originally cumulative with, and as large as, that of the sheriff. It is now confined to police offences, summary ejections, orders for interim aliment (for prisoners), payment of burgh dues and delivery of title deeds. Three head courts were held in the year, at which all burgesses were obliged to attend, and at which public business was done and private transactions were ratified. There were three classes of burgesses—burgesses in sua arte, members of one or other of the corporations; burgesses who were gild brothers; and simple burgesses. The Leges Burgorum apparently contemplate that all respectable inhabitants should have the franchise, but a ceremony of admission was required, at which the applicant swore fealty and promised to watch and ward for the community, and to pay his “maill” to the king. These borough maills, or rents, and the great and small customs of burghs, formed a large part of the
