FREE BOOKS

Author's List




PREV.   NEXT  
|<   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110  
111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   >>   >|  
lics, 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 royal revenue, and, although frequently leased or feued out for a fixed duty, were on the accession of James I. annexed to the crown as an alimentary fund. Burgh customs still stand in the peculiar position of being neither adjudgeable nor arrestable; they are therefore bad security. The early charters contain the usual privileges of holding a market, of exemption from toll or tribute, and that distraint will be allowed only for the burgess's own debts. There was also the usual strife between the gildry and the craftsmen, who
PREV.   NEXT  
|<   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110  
111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   >>   >|  



Top keywords:

burghs

 
burgesses
 

charter

 

council

 

customs

 

magistrates

 
privileges
 
existed
 

burgess

 
corporations

promised

 

classes

 

community

 

private

 

maills

 

transactions

 

borough

 

ratified

 
fealty
 

required


simple

 

brothers

 

contemplate

 

apparently

 
inhabitants
 

Burgorum

 
franchise
 

ceremony

 

admission

 
respectable

applicant

 

members

 

accession

 

holding

 

market

 

exemption

 
charters
 

arrestable

 

security

 

tribute


distraint

 

strife

 

gildry

 

craftsmen

 
allowed
 
adjudgeable
 

leased

 

frequently

 
formed
 

revenue