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
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