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THE MUNICIPAL HISTOEY

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SECTION I.

FROM THE EARLIEST PERIOD TO THE GRANTING OF THE SECOND CHARTER, 13 CHARLES II., 1661.

HE origin of Corporations cannot with any degree of certainty be defined. Sir William Blackstone ascribes the invention of them to the Romans, and states, on the authority of Plutarch, that they were introduced by Numa, who, for political purposes, instituted separate societies, or guilds, of every manual trade and profession.i The writer of the note appended to this assertion, says, that "wherever a priesthood existed a corporate body would exist," and that the Levitical, Egyptian, Indian, Grecian and Druidical "establishments of bodies of men, with succession which died not: and all of them constituted or recognized for particular or exclusive purposes, contain more than the germs or elements of corporations as we now find them."

i Blackstone's Commentaries, vol. I, page 468, 18th edition.

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The information relative to the origin of the Boroughs in this country, is likewise very small and unsatisfactory. That there were Boroughs existing at a very early period, is sufficiently shewn by the names of many ancient places ending with Burgh, or Borough, but (excepting such names), nothing more respecting them is transmitted to us; neither have those places for a considerable length of time exercised any Borough privileges: such as returning Burgesses to serve in Parliament, or possessing a jurisdiction separate and distinct from the county in which they are situate.

The Romans divided the various cities and towns in their empire into four classes, namely, Colonies, Municipia, Latian cities and Stipendiary towns. This kingdom contained many of these, but York and Verulam were the only places which ranked as Municipia, or Free cities, and whose inhabitants enjoyed the title of Roman citizens, as well as the privileges of making their own laws and choosing their own magistrates.

By some of the Saxon monarchs, Charters were granted to several places, some few of which exist at the present day; and it is not unlikely but those subsequently granted by the Norman kings, were only confirmatory of privileges previously enjoyed. It is stated, that "nothing has occurred down to the present time, to alter the class or description of persons who, at the close of the Saxon dynasty, were called 'Burgesses' "' To this period may perhaps be assigned the origin of many Boroughs which claim to be such by prescription, or certain usages and customs, which having been in force from time immemorial, have become lawful; for it appears, that at the compilation of Domesday Book, Boroughs and Burgesses had been long in existence, both being especially mentioned therein. The great local divisions of the kingdom at this time consisted of Shires and Boroughs, the former being subdivided into Hundreds, Tythings, Lathes,

iMerewether and Stephen's History of Boroughs and Municipal Corporations. Vol. I, page 11.

and Wapentakes; the latter when of considerable extent, into Wards. At first, the government of the whole Shire was confided to an Ealderman, but subsequently, the Shirereeve had charge of the Shire, with the exception of the Boroughs therein, which were respectively governed by the Portreeve, or Borough/reeve thereof.

Although many Charters were granted by the Saxon and Norman kings of this island to various places, yet previously to the reign of Henry VI. no Municipal Corporation had been created, although Ecclesiastical Corporations had been long in existence. The first occasion on which the power to hold lands and tenements by succession, was given, appears to be in the case of an Eleemosynary Fraternity, or Hospital, situate at or near to Bristol, in the 4th Henry V., 1416 ;i and in the 18th Henry VI., 1439, the first Charter of incorporation to a Municipal body was granted to the town of Kingston-upon-Hull;s before which time the usual words of incorporation had been seldom applied to Colleges, Guilds, or Fraternities, and never to a Municipal body. Since the last mentioned date, the royal prerogative has been frequently exercised in the granting of Charters of incorporation, and a great number of places in various parts of the kingdom, including Leeds, have been thereby constituted Municipal Boroughs.

As to the derivation of the word j&SgOt*, anciently Meyr, there are various opinions: it is however supposed to be from the old English word Maier, potestas, and not from the Latin, Major.3 Previously to the passing of the Municipal Corporation Act, the Mayor of this Borough was elected annually at the Eeast of St. Michael the Archangel, (which was generally on the 30th day of September,) from the Aldermen, who were alone eligible to that office. At present, the Chief Magistrate is elected annually out of the Aldermen

i Merewethcr and Stephen's History of Boroughs and Municipal Corporations. Vol. I, Introduction, page xxxii. 8 Ihid, page xxxiii. 3 Tomlin's Law Dictionary.

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III.—Inspeximus of decree against the collector of tolls in Ripon for distrain-
ing upon the goods of the inhabitants of Leeds for tolls. 3Sth Eliza-
beth, 19th June, 1596 vi,

IV.—Letters patent decreeing that the inhabitants of Leeds should be free

from the payment of toll, 1st James I., 23rd January, 1603 .. .. ix. V.—Decree exempting the inhabitants of Leeds from paying toll at

Boroughbridge. 4th Jamei /., 19r7i May, 1606 x.

VI.—Letters patent, or grant from the crown to Edward Ferrers and Francis
Phelips, of mills in Leeds and other places. (Translation.) 7th

James I., 29th May, 1609 xi.

VII.—Charter of incorporation of the borough of Leeds. (Translation.) 2nd

Charles I., 13th July, 1626 uxi.

VIII.—Letters patent decreeing that all the liberties of the duchy of Lancaster
should be used and enjoyed by the inhabitants of Leeds. (Transla-
tion.) 2nd Charles I., 4th December, 1626 xliii.

IX.—Letters patent, or grant from the crown to Edward Ferrers and William
Ferrers, of mills in Leeds and other places. (Translation.) 7th

Charles I., 2nd September, 1631 xlvii.

X.—Award as to what proportion of a monthly assessment for the use of the
army and commonwealth, should be borne by the inhabitants of Leeds
Town, Leeds Kirkgale, and Leeds Main Riding. Commonwealth,

10th June, 1651 Iv.

XI.—Conveyance from John Harrison, esquire, and others, of five-ninths of
the bailiwick of Leeds, to trustees, for the use of the corporation of

Leeds. Commonwealth, 30th January, 1654 lvi

XII.—Precept issued by the justices of the peace of the borough of Leeds to
the constables of the township of Potternewton, in the said borough,
for the better observance of lent, and other fast days. 13th Charles

II., 28th January, 1661 lxi.

XIII.—Charter of incorporation of the borough of Leeds. (Translation.) 13th

Charles II., 2nd November, 1661 lxii.

XIV.—Return of the number of hearths and stoves in the several townships
within the borough of Leeds, in order to the respective proprietors
thereof being taxed according to act of parliament. 14th Charles II.,

14th July, 1663 lxxxii.

XV.—Letters patent exempting the inhabitants of Leeds from serving as jurors

beyond the. limits of the borough. 18th Charles II., 4th July, 1666 cxiii. XVI.—Receipt of William Eamonson, for the purchase money of land near

Timble bridge, in Leeds. 21«( Charles II., 4th May, 1669 .. .. cxv.
XVII.—Bill of complaint in the court of the duchy of Lancaster, against Joseph
Ibotson and Joshua Hill of Leeds, for non-payment of toll in
the market at Wakefield. 29th Charles II., 23rd November, 1678 .. cxv.
XVIII.—Charter of incorporation of the borough of Leeds. (Translation.)

30th Charles II., 24th December, 1684 cxviii.

XIX.—Oaths of office exxxii.

XX.—A list of token** issued by tradesmen and others, within the borough of

Leeds, during the 17th, 18th, and 19th centuries exxxv,

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XXI.—Standing orders and bye-laws of the corporation of the borough of
Leeds, 4th George IV., 29th September, 1823, and 2nd William IV.

29th September, 1831 .. .. cxxxix.

XXII.—Division of the borough of Leeds into wards. 6th William IV., 6th

November, 1835 cxlvi.

XXIII.—Order of the privy council approving of the division of the borough of

Leeds into wards. 6th William IV., 4th December, 1835 .. .. cxlix. XXIV.—Lists of the mayors, aldermen, assistants, and officers of the corporation of the borough of Leeds cliii.

XXV.—A list of justices of the peace for the borough of Leeds cxci.

XXVI.—A list of members returned to serve in parliament for the borough of

Leeds exciii.

XXVII.—A list of acts of parliament relating to the borough of Leeds .. .. exciii.

plates.

Title page, containing the armorial bearings of the borough of Leeds. I.—Corporate seals.

TT '— I Tradesmen's tokens of the 17th century.

III.—Ancient silver badge.
IV.—Fac-simile of the court books of the corporation, temp. 14th Charles II.

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