The Sun.
London, England, 1835-04-11 00:00:00

EARLY CONSTITUTION.

10. In the examination of the constitutions of the several
corporations, the commissioners have seldom found it expe-
dient to enter into details of their earlier history ; they have
confined themselves, in most instances, to an enumeration of
the charters in possession of the municipal authorities, or a
brief summary of their contents.
11. It would be difficult to describe accurately the early'
constitution of the municipal corporations in England and
Wales. , It is certain that nanny of their institutions were
established in practice long before they were settled by law.
In some places, as at Newcastle-upon-Tyne, Carlisle, and
Scarborough, the forms of the municipal government were
defined by an express composition between the magistracy
and the people. It is probable that the powers of government
in all ordinary cases were exercised by the superior magistracy,
but that in extraordinary emergencies the whole body of bur-
gesses was called upon to sanction the measures which inte-
rested the community. The difficulty of conducting business
in such an assembly seems to have suggested the expedient
of appointing a species of committee out of the larger body,
which acted in conjunction with the burgesses, and which was
dissolved when the business was concluded. These commit-
tees afterwards became permanent. In some boroughs the
common councils seem to have been formed out of fragments
'of the leet juries, whilst in others we have reason'to suppose
that they were what their name strictly imports—counsellors
called into the chamber by the alderman or presiding func-
tionary, with whom they were to advise. We have not dis-
covered that there was any general principle in the mode of
forming the constituency of the boroughs, nor can we as-
sume that any one system of policy or common law right
prevailed at any period throughout the realm. As far as
we can judge, neither the opinion of those who treat every
extension of authority beyond the select body as a popular
usurpation, nor of those who view every municipal corpora-
tion as formed out of a symmetrical and uniform organiza-
tion of the people, can be supported. It is sufficient that
we are enabled to collect the main principles of administra-
tion—namely, that the municipal magistracy and municipal
councils were the resident and effective heads of the com-
munity, and that the community probably included in its
members all who shared in its burdens, and were liable to
fill its offices.

12. In a period, of which the beginning cannot be dis-
tinctly shown to have been much earlier than the reign of
Richard 11., arose a new and very important feature of our
municipal policy—namely, the annexation of the powers of
"justices of the peace and of labourers" to the municipal
magistracy, with a considerable enlargement of their civil
and criminal jurisdiction.
In that reign the usage began of appointing municipal
magistrates justices of the peace by charter, and, in many
instances, with a non-intromittent clause. The practice
gained ground, though at first slowly ; and thereby produced
an essential change in the functions and character of the
municipal magistracy. Another very important feature of
the era between the reigns of Richard 11. and Henry VI.
is the introduction of a legal principle hitherto unknown—
that is, of a municipal body politic and corporate which
takes by succession, admitting members upon a mere per-
sonal right, without any qualification either of residence or
of property.
13. The greater number of the governing charters of
corporations was granted between the reign of Henry the
Eighth and the revolution ; the general character of these
documents is, that they are calculated t o take away power
from the community, and to render the governing class
independent of the main body of the burgesses. Almost all
the councils named in these charters are established on the
principles of self-election. The criminal jurisdiction of the
boroughs received still further enlargement ; and numerous
instances occur in which a Recorder was created, which
office had been before that time confined to some of the
larger boroughs. There is little reason to doubt that the
form given to the governing classes, as well as the limitation
of the burgess-ship, during this period, was adopted for the
purpose of influencing the choice or nomination of Members
of Parliament. At this time the honorary office of high
steward was created in many boroughs, by which the
borough became connected with the aristocracy or with the
Crown. Some of these charters contain clauses by which
the right of electing Members of the House of Commons is
limited to the select bodies which they created.

14. During the reigns of Charles II: and James 11.
many corporate towns were induced to surrender their
charters, and to accept new ones, containing clauses giving
power to the Crown to remove or nominate their principal
officers. After the proclamation of James 11., dated 17th
of October, 1688, the greater, number of these towns re-
turned to their former charters. The charters which have
been granted since the Revolution, are framed nearly on
the model of those of the preceding era ; they show a dis-
regard of any settled or consistent plan for the improvement
of municipal policy correslronding with the progress of so-
ciety. The charters of George 111. do not differ in this
respect from those granted in the worst period of the his-
tory of these boroughs. It has become customary not to
rely on the municipal corporations for exercising the powers
incident to good municipal government. The powers
granted by local acts of Parliament, for various purposes,
have been from time to time conferred, not upon the muni-
cipal officers, but upon trustees or commissioners distinct
from them, so that often the corporations have hardly any
duties to perform. They have the nominal government of
the town, but the efficient duties, and the responsibility,
have been transferred to other hands.