& panics shillings ; freeholders for life or lives of an annual value above forty shillings and be- low five pounds (if the pro- perty is occupied by the owner, or was acquired before 1832, or was acquired by marriage, marriage settle- ment, descent, devise, or ac- i cession to office) ; freeholders, copyholders, or holders by any other tenure for life or See col i. 13,246 lives of an annual value of I at least five pounds ; lease- holders where the leasehold ; was originally created for a ; term not less than 60 years, ' and of a yearly value of at i least five pounds ; lease- i holders where the leasehold ( was originally created for a term of not less than 20 ' years, and of a yearly value of at least fifty pounds. i 582,538 673,628 574,091 ! 13,246 226 NOTES AND ILLUSTRATIONS ing the radical alteration of the constitution of most of the Corpora- tions by the repeal contained in Section i, and the substantive provisions of the Act, it is settled law that "the effect of the statute was not to create a new Corporation in any case, but merely to continue the old Corporation, so that all the rights, claims, fran- chises, privileges, prescriptions, and customs, as well as all the debts, liabilities, and duties of the Corporation as it stood on the day the statute passed, remain and inhere in the remodelled Cor- poration, so far as they are not contrary to, or inconsistent with, the provisions of the Act " (see Grant on Corporations, p. 343, and the cases there cited). 3. The principal schemes for the government of London (p. n) put forward for legislation are sufficiently diverse, and many of them are opposed to all principles of local government, but the private schemes never advanced to the dignity of consideration of Parliament are still worse in this respect. The principal private scheme is that favoured by the City of London Corporation of a series of ten independent municipal boroughs centred round the City of London. This would confine the name of London to the City area only. The Parliamentary schemes include recommendations of Royal Commissions in 1837 and 1854, and of Select Committees of the House of Commons in 1861, 1866 and 1867. The Bills introduced into the House of Commons for the reform of London are as follows : Government Bill of 1856. In April, 1856, Sir George Grey intro- duced a Bill founded upon the recommendations of the Commis- sioners of 1854. By its provisions the City was re-divided into sixteen wards, of more equal area than those then existing. Each ward was to be represented by one Alderman and five Common Councillors. Aldermen were to be appointed for six years, one-half of their number going out every three years. The Lord Mayor was to be elected by the Common Council, and all persons qualified to be Common Councillors were eligible for this office. The same qualification was adopted for the Sheriffs. The City Auditors were to be elected from the same class of people not being members of the Common Council. The Court of Aldermen was abolished, and the election of all the principal City officers was vested in the Common Council, with the exception of the Recorder, who was to be elected by the Aldermen. The custom of the admission of brokers NOTES AND ILLUSTRATIONS 227 was abolished, and the market jurisdiction of the City was taken away ; also the exclusive rights of trading, metage dues, street tolls, and the exclusive rights of fellowship porters. The Court of Hustings, the Court of St. Martin's-le-Grand, and some other old City courts, were abolished, and the Recorder was in future to be the Judge of the Lord Mayor's Court. Aldermen were placed on the same footing as justices of a county, and the City was brought within the Metro- politan Police Court District. The provisions of the Municipal Corporation Act as to the charging or alienation of property were apnlied to the City. On the 2oth of June the Government an- nounced that there was no reasonable prospect of being able to pass the Bill during the Session, and it was therefore withdrawn with the expressed intention of re-introducing it in the following Session. This, however, was not done. Government Bill of 1858. This was the Bill of 1856, modified in certain respects. By its provisions the Common Council was increased from 96 to 112 by allowing each of the sixteen proposed wards to send six Councillors and one Alderman to the Common Council. The Aldermen were to hold office for life, but the power of removal upon representations from the wards was vested in the Common Council. The Bill was read a second time on February 1 2th, after which it was referred to a select Committee. Eventually the Committee reported, and then the City petitioned the House of Commons that the Bill should be referred back to the Select Com- mittee, and that the City should be heard by Counsel against the Bill. The Government resisted this, but the delay occasioned was so great that the Bill had to be withdrawn. Government Bill of 1859. In 1859 Sir George Cornewall Lewis introduced a Bill founded upon that of Sir George Grey of 1858. The Bill was introduced too late, and had to be withdrawn, but on the 3oth of January, 1860, Sir George Lewis re-introduced the Bill. In its new form, the measure dealt only with a few changes in the City constitution. It was withdrawn on the 3oth of July. Mr. Mill's Bills of 1867. In 1867 Mr. Mill introduced a Bill for the purpose of establishing separate Municipal Corporations in the several districts of the Metropolis, and also a Bill for the establish- ment of a central Municipal Government. The first measure pro- vided for the division of the metropolis into ten boroughs, besides the City. Each borough was constituted a body corporate with Mayor, Aldermen, and Burgesses. The provisions of the Municipal 228 NOTES AND ILLUSTRATIONS Corporation Act were applied to each borough so created. The second Bill, which was introduced later in the Session, was for the establishment of a central Municipal Government. The Bills were re-introduced by Mr. Mill in practically the same form in 1868 ; but the Bill dealing with the constitution of a central Corporation was stopped in consequence of due notice of its introduction not having been advertised for the benefit of the City in the preceding November. Mr. Buxton' s Bills of 1869. These Bills were practically the same as those introduced by Mr. Mill in 1868, and were introduced by Mr. Buxton, as Mr. Mill was no longer in Parliament. The Home Secretary assured the House that the subject would receive the attentive consideration of the Government, and Mr. Buxton withdrew the Bills. Mr. Buxton s Bills of 1870. As the Government did not act upon their assurance and introduce any measure in the ensuing Session, Mr. Buxton, in 1870, introduced three Bills dealing with the government of London. They were intituled respectively : " The Municipal Boroughs Bill," " The Corporation of London Bill," and " The County of London Bill." The Municipal Boroughs Bill divided London into nine boroughs, besides the City. The vestries were abolished, but the former proposals of separate Mayors and Aldermen did not re-appear in this measure. They were replaced by Wardens, one in each borough. The number of Councillors varied, and the boroughs thus constituted were placed under the provisions of the Municipal Corporations Act, 1835. The Corporation of London Bill had for its object the creation of the Metropolitan Corporation of London, and the continuance of the Municipal Government of the City of London. The government of the City of London is left intact, with the exception that its chief officer is to be called Warden, and not Mayor. The Court of Aldermen is abolished, but its func- tions are preserved. A Central Corporation is constituted, consisting of the Lord Mayor, Aldermen, and Metropolitan Councillors. The Lord Mayor to be elected by the Metropolitan Council from among the Aldermen. The Warden of the City of London was to be the Deputy Lord Mayor. The Metropolitan Council was to consist of 167 members. The County of London Bill, introduced along with the other two, was for the purpose of constituting the Metropolitan area one county. The Bills were read a second time, and referred to a Select Committee, and were ultimately withdrawn. NOTES AND ILLUSTRATIONS 229 Lord Elcho' s Bill of 1875. This Bill was prepared by the Metro- politan Municipal Association. It embodied the provisions of previous measures, and extended the Corporation over the whole metropolitan area. It was introduced by Lord Elcho and Mr. Kay-Shuttleworth. The principle of the Bill was not the absolute creation of an original constitution ; but the extension to the whole metropolis of a modified constitution of the City Corpor- ation. The electoral body of the new Municipality was to be composed of the present City electors, and those at present qualified to vote at the election of vestrymen. The governing body was to consist of the Mayor, Aldermen, and Councillors. The Lord Mayor was to be elected by the Municipal Council ; any one quali- fied to vote for a Councillor might be selected for the office. Three Aldermen were to be elected from each of the metropolitan dis- tricts. One-third of the Aldermen were to retire every year. The Municipal Councillors were to be elected by the present electoral body with the cumulative system of voting five members to be elected by each ward. The powers and functions of the Municipal Council were to include all those possessed by the governing bodies of the Corporation of the City, by the Corporation of Westminster, by the Metropolitan Board of Works, by Vestries and District Boards, and by the different bodies of commissioners and trustees discharg- ing municipal functions in various parts of the metropolis. The property and the right to tolls and duties in the hands of the various governing bodies of the metropolis were transferred to the new Municipality for the public benefit of the metropolis ; but, with re- gard to the City, it was provided that, except by consent of its repre- sentatives, the Council should not expend the proceeds of the City property otherwise than for the benefit of the City municipal district. The Bill was withdrawn before it reached the second reading, and Lord Elcho announced his intention of proceeding by Resolution. No suitable day was, however, available. Municipality of London Bill, iSSo. This Bill was prepared and brought in by Mr. Firth, Mr. Thorold Rogers, Mr. T. B. Potter, and others. It was read a first time on the xyth of June, but was not read a second time. This Bill creates a central, repre- sentative, municipal authority for the whole metropolis, to be called the " Municipality of London," and transfers to it all the powers and privileges of the Corporation of the City, the Metro- politan Board of Works, the Vestries and District Boards, and other 230 NOTES AND ILLUSTRATIONS bodies or persons exercising any municipal functions within the metropolis. It also provides that the Secretary of State, with the consent of the Local Government Board, may at any time transfer the powers of the Metropolitan Asylums Board to the new body. It creates the metropolis a county by the name of the County of London. It abolishes the vestries and district boards, and makes provision for the re-division of the metropolis into forty municipal districts. It applies the Municipal Corporations Acts generally to the Municipality of London, but saves to the new Corporation all the rights and privileges of the Corporation of the City which are not inconsistent with the provisions of those Acts. The London Government Bill t 1884. This Bill was brought in by Sir William Harcourt, Sir Charles Dilke, the Attorney General, Mr. Hibbert, and Mr. George Russell. It was read a first time on the 8th of April, and the debate on the second reading came on on the 3rd of July. The debate was adjourned to the 4th and again to the 8th of July. After a long debate on the 8th, the debate was again adjourned, and the Bill was withdrawn on the loth July. The Bill extends the area of the City of London and the County of the City of London, so as to include the whole metropolis ; reforms the Corporation of London on the lines of the Municipal Corporations Acts, and transfers to the reformed Corporation, in addition to all the powers exercised by the old Corporation or the Commissioners of Sewers within the City, the powers and duties of the Metropolitan Board of Works, the vestries and district boards, the justices of Middlesex, Surrey, and Kent, within the metropolitan area, the burial boards, the Commissioners for Public Baths and Washhouses, Public Libraries and Museums, any Commissioners for paving, lighting, watching, and cleansing, in any part of London, and certain of the duties and liabilities and property of the Com- missioners of Works. It applies most of the provisions of the Municipal Corporations Act, 1882, to London; provides for the division of London into Municipal districts, and the election of district councils. The Lord Mayor is to be a fit person, qualified to be a Common Councillor ; the Queen must approve his appointment as at present. He is to be by virtue of his office a Common Councillor and a Justice of the Peace, but with no larger power than that of a single Justice. His term of office is one year, but he is eligible for re-election. The Common Council is to fix his allowances or remuneration ; and, NOTES AND ILLUSTRATIONS 231 subject to the provisions of the Bill, he is to have all the powers and precedence of the former Lord Mayors of London. The Council may elect a Deputy Mayor from among the Common Councillors, and may pay him he is to be a Justice of the Peace for London during his year of office. The Aldermen of the Corporation of London at the passing of the Act are to hold office till the ist May, 1885. After that date the title of Alderman is abolished, but the existing Aldermen of the City will continue to be Justices of the Peace for the County of London. The Common Council is to consist of 240 members exclusive of the Lord Mayor, but power is given to alter the number both of Common and District Councillors by a scheme confirmed by the Queen in Council. The control of the City Police is given to the new Corporation, but the Metropolitan Police remain under the Home Office. The purposes to which the City Fund may be applied are wider than in the case of other Municipal Corporations, and include the entertainment of dis- tinguished persons, contributing to public charitable objects, and the maintenance of certain schools. The office of Recorder is continued, and provision is made for the appointment of Deputy-Recorders, one of whom is to be the Common-Serjeant. The Lord Mayor, Alder- men, Judge of the City of London Court, and the Dean of Arches, cease to be Judges of the Central Criminal Court : but the Recorder and Deputy-Recorders are to be included in the Commission. The Common Council is to submit a. Bill to Parliament for dealing with the Mayor's Court ; and the City of London Court is transferred to the Commissioners of Works and becomes a County Court. The Metropolitan Police Courts Acts are extended to the City, and the justice rooms at the Guildhall and Mansion House become Police Courts. 4. The new authorities alluded to on p. 13 are (i) the Managers- of the London Children Asylum District, which was proposed by the Local Government Board in January, 1897, for the purposes of the relief of certain classes of children chargeable to London unions and parishes. The President of the Local Government Board denied that this was a new authority, but it was to consist of fifty-five members elected by the Guardians of the unions and parishes of London. And (2) the Metropolitan Water Board, proposed by the Government Bill of 1896, which was to consist of sixteen members elected by the London County Council two by the Common 232 NOTES AND ILLUSTRATIONS Council of the City of London, two by the Middlesex County Council, two by the Essex County Council, two by the West Ham Corporation, one by each of the other Metropolitan Counties, one by the Thames Conservancy, and one by the Lea Conservancy. 5. The position assumed by Exeter (p. 17) is discussed very fully by Mr. Freeman in History of Norman Conquest, vol. iv. pp. 138 et seq. 6. The districts into which England and Wales is divided (p. 19) are classified into two groups, Urban and Rural a classification which exists wholly for the purpose of determining the sanitary functions which they are to administer. The extent of the district jurisdiction is shown in the following table : No. Area in Acres. Population. Urban Districts ..... Rural Districts ..... 709 575 2,l8l,995 34,045,030 5,7I 3 ,888 8,107,021 Total Districts 1,284 36,227,025 13,820,909 The rest of the country is comprised in the following : No. Area in Acres. Population. County of London .... County Boroughs . ... Municipal Boroughs .... I 64 238 75-442 347,889 667,529 4,232,118 7,588,536 3,360,962 303 1,090,860 I5,l8l,6l6 Total England and Wales . 1,587 37,317,885 29,002,525 7. The process by which the Police District was formed is very instructive in connection with the subject discussed on page 19. Mr. F. W. Maitland, in his volume on Justice and Police in the " English Citizen Series," p. 98, says : " From the institutions, dis- tinctive of London proper, we pass to one which was long distinctive of ' the Metropolis,' for as yet we have no better name for the vast town which has agglomerated itself outside the City walls. This town, we must remember, was in the eye of the law no town ; it had no legal being ; it was but a collection of townships, and manors, NOTES AND ILLUSTRATIONS 233 parishes, and extra parochial places, which owned no common ruler, save King and Parliament. Geography and remote history had done their worst for the Metropolis : the Commissions of the Peace for Middlesex, Surrey, Kent, and Essex, converged on the disorderly mass, while separate Commissions for Westminster and the Liberty of the Tower confounded confusion. Unity of action was im- possible, the individual Magistrate was not controlled by the spirit of corporate magistracy, and metropolitan Justice and Police fell into bad ways. In the last century there arose men who gained the bad name of 'trading Justices,' and made a profit of their powers by the taking of fees. To put an end to this, rather than to do anything else, was the object of a series of statutes which ended by giving us professional Magistrates and a new police force under the control of Royal Commissioners and the Home Secretary. In 1792 seven 'public offices,' which came to be called 'police offices,' were established ; at each of which, three Justices of the Peace, appointed by the King and commissioned for both Middlesex and Surrey, were to attend daily. All fees taken by them were to be paid to a receiver, and no other Justice was to take fees within a certain large district. Out of these fees, or, if they would not suffice, out of the Consolidated Fund, each of the twenty-one Justices was to be paid a salary of ^400, while over the provision of buildings, and so forth, the Home Secretary was to have a con- trol. An Act of 1800 established an eighth police office (or rather a ninth, for the Bow Street Office has an earlier history) ; and the three paid Justices ('Special Justices' they were called) of this Thames Police Office were to be commissioned for Middlesex, Surrey, Kent, Essex, Westminster, and the Tower. These Acts were only temporary, but they were repeatedly re-enacted with improvements. The salary of these Justices, or ' Police Magis- trates,' as the later Acts called them, slowly grows from ,400 to ^1,500; the hours of attendance on the other hand are shortened ; at first they are 10 to 8, afterwards 10 to 5. What this indicates is the great change which during this period is making the duties of the Justice in criminal cases more and more judicial. These paid Justices were seldom lawyers; it is first in 1839 that the King's choice is confined to barristers of seven years' standing. One of their chief duties had been to appoint and control a small band of paid constables attached to each office. Even in 1829, when 'a new police force ' for ' the Metropolitan Police District ' was formed, 234 NOTES AND ILLUSTRATIONS this was done by establishing in Westminster one more police ' office,' provided with two paid Justices of the Peace, who, under the Home Secretary, were to rule the new constabulary. In 1839 these two Justices receive the new name of ' Commissioners of Police of the Metropolis,' the judicial and executive duties com- prised in the old conservation of the peace fall apart, and we are left with learned Magistrates and gallant Commissioners." 8. The Districts which are not local districts in the sense of Local Government (p. 20) are as follows : Sewerage Districts Richmond. West Kent Darenth Valley. Wisbech and Walsoken. Upper Stour Valley. Stourbridge. Birmingham, Tame and Rea. Haslingden and Rawtenstall. Accrington and Church. Clayton-le-Moors and Great Harwood. River Districts Thames. Lea. Mersey and Irwell. Ribble. West Riding Rivers. Most of the Port Sanitary Authorities, all the Commissioners of Sewers, the Drainage, Embankment, and Conservancy Boards, and the Fishery Conservancy Boards. 9. The difference between true localities, that is, localities formed by common interests and afterwards obtaining governing powers, and quasi localities, that is, localities formed for the purpose of adminis- tering central laws (p. 20), is perhaps best illustrated by an example. I therefore quote the following passage : " Local Government is a word which requires special explanation in the case of Spain. Her whole life has been made to depend upon the Central Govern- ment, and, in consequence, every portion of this life is organized NOTES AND ILLUSTRATIONS 235 according to the principles on which the constitution of Spain is framed. The source of political life arises from the constitution ; and each political convulsion, re-modelling as it does the con- stitution on the principles of a new scheme, produces, with a new code, a fresh series of organic laws for the provinces and towns, called, after the old Roman names, provincias and municipios. Local life and Local Government mean, consequently (in Spain), a portion of the Central Government ; therefore they afford no trace, either of special principles, special organization, or the remains of old institutions. There is nothing but Central Government modified and extended to comparatively local purposes " (" Local Govern- ment and Taxation," Cobden Club Essays, p. 338). 10. The importance of the proposition that the governing authority is only the trustee of the whole body of electors (p. 22) is shown in several ways. Thus, in a case tried before the Lord Chancellor, Lord Herschell, Lord Macnaghten, and Lord Morris, The Church- wardens, etc., of Lambeth v. The London County Council, the Lord Chancellor said that one sentence was sufficient to dispose of the case namely, that the public, for whom the County Council were merely custodians or trustees, were not rateable occupiers, and that there was no beneficial occupation of the property whatever. (The Times, 20th July, 1897.) 11. The practice of allocating a portion of Imperial taxation to the purposes of local taxation (p. 23) was commenced in 1833 by a grant towards the cost of the Metropolitan Police, and it has been extended from time to time by grants towards the following services : 1835. Criminal prosecutions. 1846. Teachers in poor law schools and poor law medical officers. 1856. Police (counties and boroughs). 1865-6. Metropolitan Fire Brigade. 1870. Education. 1873-4. Medical officers and sanitary inspectors. 1874. Pauper lunatics. 1875. Registration of births and deaths. 1876. Industrial schools. 1882. Disturnpiked and main roads. 1891. Educational fee grant. 236 NOTES AND ILLUSTRATIONS Up to 1888 these grants were made direct to the authorities who spent the money, and were a fixed proportion of the amount spent, being subject to a check by the Imperial authority by means of a proper system of audit and by provisions for disallowances. In 1888 a very important departure was made in the method of making all the grants, except that for education. In the first place, certain definite duties locally collected were allotted to the counties in which they were collected ; and, secondly, a certain stated propor- tion of the probate duty now estate duty and of the beer and spirit duties was allotted among the counties, the basis of apportion- ment being not the expenditure of the counties upon any given service, but the total grants made by the Government to the local authorities within the counties in one particular year, 1887. Since this considerable change in the principle upon which grants from the Imperial exchequer to local taxation took place, farther changes have been adopted or are proposed by the Government to be adopted. These changes consist in throwing certain charges upon the local taxation account of the Imperial exchequer and deducting them from the amount set apart to be apportioned upon the principle of 1888. Thus, the cost of inspection for swine fever, which is undertaken and paid for by the Government, is deducted from the amount to be apportioned to the counties, and thus becomes a charge upon the counties, although indirectly made. Further, there are the provisions of the Agricultural Rates Act. LECTURE II 12. The number of instances of counties and parishes having detached portions situated at some distance from the main area, and divided from that area by territory of other counties or parishes (p. 40), is very large. The schedule to the Act, 2 and 3 Will. IV., cap. 64, sets out the counties which had detached portions situated away from the main county area. 13. The elucidation of the tribal history of Britain (p. 43) has received almost unexpected light from Mr. Willis-Bund's remarkable researches in his recent book on the Celtic Church in Wales. Mr. Skene's Celtic Scotland, Sir Henry Maine's Early History of Institu- tions, and Mr. Seebohm's Tribal System in Wales are well-known works. My own contribution is contained in a communication before the British Association at Liverpool in 1896 on Fire Rites and Ceremonials. NOTES AND ILLUSTRATIONS 237 14. The shires not included among the local government areas, the counties (p. 44), are very interesting fragments of the ancient constitution, and they are more frequently mentioned in earlier writers than is generally supposed. Thus Leland tells us that " Lancastreshire conteineth five litle shires " (Itinerary, vii. p. 44). 15. The early names of the shires (pp. 44-5) in connection with the tribes who formed them are discussed in Kemble's Saxons in England, vol. i., chapter 3. Palgrave's English Commonwealth, vol. i., p. 48, and the Census Report of 1851 (vol. i., pp. Ivi.-lxxxii.), also give very valuable information. In addition to the ordinary chronicle sources of information referred to by these authorities, the student should consult a valuable reprint of " The Shires and Hundreds of England," published by the Early English Text Society in the Old English Miscellany, pp. 145-6. 16. The original of the Herefordshire record (p. 50) is printed in Hickes' Dissertatio Epistolaris, p. 4, in Thesaurus Antiquitaturn Septentrionalium, vol. iii. 17. The original of the Pennenden Heath record (p. 52) is printed in Wilkins' Concilia Magncc. Britannia, vol. i. pp. 323-324. 18. The power of outlawry (p. 63) is perhaps the most remark- able survival of tribal conditions that occurs, and it would be difficult to account for its existence, except by the fact that the shire is descended from the tribe was the tribe expressed in later terms. It existed with the primitive Russian mirs until the present year, when we are told that " on the advice of the Minister of the Interior, M. Goremykine, the Government have resolved to with- draw from the mirs the right to banish members of the village communities who offend against the laws and regulations that govern the administration of their common property and land." The reader should consult Wallace's Russia (vol. i., 199), and Kovalevsky's Modern Customs and Ancient Laws of Russia. 19. The continuity of the site where the ancient shire-mote and the modern County Council of Kent meet (p. 64), is a very interesting point. Mr. Larking thus sums up the case : " Thither still the sheriff summons the freeholders to meet and nominate their knights of the shire. Thither are summoned, on all occasions, the 238 NOTES AND ILLUSTRATIONS men of Kent, to hold their meetings for public and political purposes. There is a lofty mound there at the meeting of the roads from Maidstone, now enclosed within the grounds of Foley House, which has a very suspicious look as having been the mote or hill on which the Gemote was held." (Larking's Domesday of Kent, Note No. 41, p. 1 60.) 20. This new liability of the county (p. 73) has already been put in force, as the following note will show : " At the Public Hall, Woking, an inquiry was opened under the Riot (Damages) Act, 1886, by representatives of the Surrey County Council. The notice in respect of the inquiry stated that a claim had been received ' from George Raggett, of Woking, for compen- sation amounting to ^58 los. for injury to, and destruction of, a freehold building at Bunker's Lane, Woking, of which he is the owner, by persons riotously and tumultuously assembled together on January i2th, 1897.' Colonel Tedcroft presided over the inquiry, and Mr. Fearon represented the claimant. It was stated that a building erected on freehold land near Woking was let at a rental of 3^. a week to a man who died in September, 1894. After that date the widow paid no rent, and as a result there were County Court proceedings and an ejectment order. On January 1 2th a number of persons assembled at the property, from which the widow had removed her furniture, and proceeded to demolish the premises. Some of the chief offenders were prosecuted, and sentenced at the assizes to terms of hard labour." (Times, i2th March, 1897.) LECTURE III 21. On the Domesday possessions of the burghs (p. 81), Ellis' Introduction to Domesday, vol. i., pp. 190-210, may be consulted, but the subject wants special inquiry. Mr. Round has investigated the special case of Colchester in'the Antiquary, vi., p. 97. Professor Maitland's criticism may be found in his Domesday, pp. 200-201. 22. In the case of Gloucester (p. 94) the Corporation possess a rent-roll, drawn up in 1455, by Robert Cole, a Canon of Llanthony Priory, near Gloucester. This roll is written in Latin, on parch- ment, and measures thirty-three feet in length by fifteen inches in width. It gives an account of every house in the borough, the NOTES AND ILLUSTRATIONS 239 names of the owner and tenant, the tenant's trade, the amount of rent, the amount payable for landgavel rent, and, in many cases, an abstract of title from the time of Henry III. Each of the four main streets is taken in turn, the houses on each side of the street being given seriatim in separate columns, and then the side streets and lanes are similarly described. Between the columns a space is left to represent the roadway. In this space are curious drawings of the various churches, chapels, friaries, wells, the pillory, etc. The work is thus practically a survey and directory as well as a rent-roll of the city in 1455. Now this roll was not required for the purposes of taxation, as in the case of a modern valuation list ; and it repre- sents, therefore, the interest of the Corporation in the town property. Similarly, in other municipal towns, as, for instance, at Axbridge, in Somersetshire, there exists a vast accumulation of deeds relating to property in the town, and there is no explanation as to why the town should possess these deeds. The true explanation is, I am convinced, to be found in the early connection between the Corporation and the property of the town. 23. There are municipal boroughs in which to this day no rates are levied, owing to their possession of property (p. 94). This occurs in Ireland in Carrickfergus, Cashel, Drogheda, Kells, Clonakilty, Tuam, Belturbet, Callan, Fethard, and Kilkenny. The municipal revenue is derived in each of the first four cases from real property ; in the next two, from tolls levied at markets and fairs ; in the last four, partly from tolls and partly from property. The Corporation of Waterford and the Commissioners of Wicklow are possessed of sufficient income to render the levying of rates for ordinary muni- cipal purposes unnecessary, the only rates levied being in connection with water supply. Many towns have a considerable revenue arising from property, market tolls, and other permanent sources of income (Local Taxation, Ireland, Returns, 1895, p. 15). Aldeburgh, in Suffolk, is an example in England. 24. Mr. Round has dealt with the subject of communal house demolition (p. 94) in his collection of studies published under the title of Feudal England. He says that the custom was limited to the Cinque Ports, and gives numerous parallels in Flanders and Northern France. But I think this is hardly so. The facts as I have collected them are as follows. 2 4 o NOTES AND ILLUSTRATIONS The Custumal of Sandwich contains the following item relative to the custom : "Si maior sic electus officium suum recipere noluit, primo et secundo et tercio monitus, tota communitas ibit ad capitale messuagium, si habuerit proprium, et illud cum armis omnimodo que poterit prosternat usque ad terrain. . . . Similiter quicunque juratus fueret electus, et jurare noluerit simile judicium." At Folkestone, if either the mayor or any of the jurats refused to assume their respective offices upon being elected, "the commons were to go and beat down their principal messuage " (Report of the Record Commission, 1837, p. 453). On the occasion of the election of bailiff at Hastings it was a law that " if the said bailiff be absent, or will not accept the charge, all the commoners shall go and beat down his chief tenement " (Sussex Archizological Collections, xii. 197). This clearly establishes the practice as an old Cinque Port law. Now let us turn to London. The assize of Henry II. states "that the house of the individual who harbours a heretic shall be carried out of the town and burnt" (Section 21). See Palgrave's English Commonwealth, vol. ii., p. clxxiii. There is the same principle underlying this and the Cinque Port custom. And if we turn to the Preston Guild Laws it receives curious confirmation. Every new burgess was obliged to erect his burgage within forty days (Ancient Custumal of Preston, Section 5) ; and the shortness of this period is explained by the fact noted by the authors of the History of Preston Guild, p. 47, Messrs. Dobson and Harland, that the houses " were formed of a framework of oak, and the interstices were filled with a sort of plaster formed of clay mixed with straw, reeds, or rushes. Each piece of wood in the framework was usually tenoned, fitted into a mortise, and fixed by a wooden peg. The frameivork was put together by the builder before it was taken to the site. When the old buildings facing the market-place were removed in 1855, much curiosity was excited by an examination of the framework, each tenon and mortise being numbered to correspond with each other, so that when the frame was placed on the site it had to occupy, the component parts could be as easily fitted to each other as when it was framed." This carrying of the framework to the site clearly explains the possibility of carrying houses out of the city of London, bearing in mind the evidence given by the assize of Fitzalwyne, first Lord Mayor of London, that the houses in the city were all thatched (Liber Albus, vol. i. p. 328), while NOTES AND ILLUSTRATIONS 241 from Stow we get a curious story : In Throgmorton Street, Cromwell, Earl of Essex, built " one very large and spacious house," and pulled down the palings of the gardens adjoining, and enclosed them in his own grounds. Nor was this all. " My father," says Stow, " had a garden there, and a house standing close to his south pale ; this house they loosed from the ground and bare upon rollers into my father's garden twenty-two feet ere my father heard thereof." These houses therefore were houses that could be moved. 25. The relationship of London to Middlesex illustrates the point alluded to on page 97, but it is one of those subjects which has not been properly worked out. The following notes suggest where such an inquiry might lead us. Fitzstephen, in the reign of Henry II., describes the garden ground, the arable lands providing plenti- ful corn like the rich fields of Asia, the pasture lands on the north, and the extensive forests, in which are wild beasts, bucks and does, wild boars and bulls (Liber Custumarum, i. 4) ; and I think we have a relic of this old municipal life beyond the walls in the surviving name of " Long Acre," one of the acre strips of the old common arable field. That this land belonged to the citizens in their corporate capacity and was utilized by them is incidentally proved by some curious entries in the Liber Albus, which con- tains a list of grants concessio majoris et communitatis among which extra-mural property is granted away with a free hand (Liber Albus, i. 552, " de domo vocata Bedlem extra Bysshopis- gate, de domo extra Newgate, de quadam domo extra Crepulgate "), and then we have the instructive document " Memorandum de quadam placea terrae extra Crepulgate capta in manum civitatis." It is just possible that the tyrannical act of Henry III. may have given a great wrench to this state of things, for we learn that in 1265 he took all the "foreign" lands of the citizens into his hands, and foreign lands are those without the liberties (Chron- icles of the Mayors and Sheriff's, p. 83). Thus then it seems that the early municipal history of London tells us of a London outside the boundaries of the city itself, and that this extra-mural part of London municipal life falls in with the general tenor of English municipal history and the facts of English municipal boundaries. But there is something of a still wider area than this attached to old municipal life in London. The origin of Middlesex has generally, and on philological grounds only, been R 242 NOTES AND ILLUSTRATIONS attributed to a tribe of the Middle Saxons, a tribe otherwise un- known to history. But a much more likely origin is that London and its territorium kept up a longer independence than other districts, and so divided the Saxons into South and East Saxons, the district itself being afterwards called Middlesex (Cf. Journ. Anthropological Ins/., vii. 305). This conjecture is confirmed when we come to apply the test of history. Thus, the charter of Henry I. confirms to the citizens " their chases to hunt as well and fully as their ancestors have had," a clause which clearly points to ancient prescriptive rights not dependent upon the char- tered grants of the Norman sovereign, and so thorough-going a believer in Teutonic conquest as Mr. Green suggests that " Middle- sex possibly represents a district which depended on London in this earlier [i.e., 500-577], as it certainly did in a later time, and the privilege of the chase which its citizens enjoyed throughout the Middle Ages in the woodland that covered the heights of Hampstead and along the southern bank of the river as far as the Cray, may have been drawn from the rights of the Roman burghers" (The Making of England, 106, 107). Diocesan history almost every- where in England is the key to much of the obscurer elements in the early history of English institutions (Stubbs' Const. Hist., i. 225), and it is confirmatory of the origin of Middlesex from the territorium of London that the prebendal manors which have so long been in the hands of St. Paul's Cathedral were for the most part in Middlesex ^and occupied a belt of land extending from the very walls of London to the boundary of the county (Hale's Domesday of St. Paufs, p. iv.). Looking a little closer into the municipal privileges of London, we find that they extended beyond the walls in all directions. The sheriff of London, it is well known, had jurisdiction over the county of Middlesex, and a curious record is extant showing how this was once attacked by Henry III., who " requested " the corporation to permit the " Abbot of Westminster to enjoy the franchise which the King had granted him in Middlesex in exchange for other liberties which the citizens might of right demand," but it was decided after- wards that " the sheriffs of London may enter all vills and tenements which the Abbot holds in Middlesex even unto the gate of his Abbey" (Chronicles of the Mayors and Sheriffs, pp. 16, 61). Southwark is an outer ward. Mile End, towards the east, was the gathering ground of the train-bands. Finsbury and NOTES AND ILLUSTRATIONS 243 Smithfield, towards the north, were the play-grounds of the citizens. At Marylebone by the conduits the Lord Mayor had a banqueting- house (Maitland's Hist, of London, ii. 1373). Knightsbridge, to the west, seems to have marked the spot where the citizens deemed it proper to welcome guests within their boundaries, for in 1257 it is recorded that " upon the King approaching Westminster the mayor and citizens went forth to salute him, as the usage is, as far as Kniwtebrigge " (Chronicles of the Mayors and Sheriffs of Lon- don, p. 34), and in the regulations which govern the doings of Lorrainers, Knightsbridge, together with Stratford, Sandford, and Bolkette, are mentioned as the " four limits " (Liber Custumarum, i. 6 1 ; ii. 530). LECTURE IV 26. The following passage from Palgrave is worth quoting to illus- trate the position of the English township referred to on p. 113. "The earliest notices respecting the Teutonic townships are to be collected from the laws of the Salic Franks. A ' villa ' was entirely the property of the inhabitants, and no stranger could settle within its boundaries, unless with the consent of the whole incorporation. Any one individual townsman could forbid the entrance of the new colonist upon the common fields of the sept. If after three warn- ings had been given, and thirty nights had elapsed, the intruder continued contumacious, he was summoned to the ' Mallum,' or Court, and in default of appearance the Gravio proceeded to the spot, and by force expelled the occupant from the purpresture which he had made. But it is important to remark that the freedom of the community might be legally acquired by an uncontradicted residence (of twelve months)." Palgrave, English Commonwealth, i. 83. 27. The famous example of Ditmarsh (p. 122), situated between the Frisians of the great confederation and the Northern Frisians of Holstein, is explained by Mr. G. B. Williams in Anhaologia, vol. xxxvii., pp. 371-390. The great emigrating tribe from Friesland, the Vogdemannen, established itself in two marks on the seashore, calling themselves the North and South Vogdemannen. The emigra- ting tribe from Saxony settled in the midst of the country in two other marks, which afterwards received the names of North and South Hamme. In later times a fifth district was added the Meldorper 244 NOTES AND ILLUSTRATIONS Dofft. Such was the original settlement by Ditmarsh a settlement made by men who only did not become English as we understand the term because they did not follow their brethren to Britain, a settlement simply and thoroughly an agricultural community, with peasants alike for their aristocracy and their democracy, with peasants for their soldiers and peasants for their statesmen. European politics, however, soon endeavoured to force themselves upon this primitive state of things. The first step was the granting of the land to the Bishop of Bremen, who, without interfering with the internal organization of the people, became lord of the unappro- priated waste lands, somewhat analogous, says Mr. Williams, to our Lord of the Manor. The account of the old government of the county as quoted by Mr. Williams from Neocorus is as follows : " The old Ditmarsh government was arranged in the following manner : there were in every parish ' the sixteens,' as they were called ; amongst them were two schliiter, who were also obliged to administer the possessions of the Church as churchwardens. They held their consultations weekly throughout the year, and if anybody intended to go to law he was to appear before this tribunal, and he demanded that the party of whom he complained should also appear before the court ; upon that one of the neighbours of the defendant was obliged to summons him. When the two parties had arrived, and the complainant and the defendant had been heard, the court of law pronounced sentence. If any one was not satisfied, he might appeal from the sixteens to the whole parish. In small parishes there were sixteen, in the larger ones twenty-four kerknemedes. All appeals were brought before the parish, which decided. Usually the kerknemedes were judges in matters of debt, the schliiter were the judges of the scoundrels, thieves, and robbers. If the schliiter of a parish was not strong enough, they called to their aid all the other schliiter of the county to assist in the binding and the burning, which were the punishments of the whole land." The parish nemedes were the sworn representatives elected for life by the community of each parish from the most worthy and well-to-do of their members. From their body the juries were invariably chosen, and on that account a jury was called a nemede (named). The schliiter were two officers annually chosen from the nemedes, whose business it was to convene the nemedes, to preside over the juries, and to give effect to their verdict, to superintend the apportioning of the land by NOTES AND ILLUSTRATIONS 245 lot, to direct all military affairs and to take charge of all roads, bridges and dykes. Up to this time each parish had been in effect a kind of separate republic, and had occasionally made separate treaties with foreigners, which were sealed with the parish seal. Each geschlecht, or bund, of perhaps two hundred families had its natural elder or head, and there was evidently some jurisdiction exercised over the members, as the family was responsible for their conduct. Beyond all this, moreover, was the supreme government invested in the "advocatus, milites, consules et tota communitas terrse thetmarsi." The milites were the natural heads of the geschlechts or races, and they rose to their condition without any rivalry, and sat as counsellers with the geschwornen of the different parishes. LECTURE V 28. The documents to consult on the subject of pawnbroking (p. 145) are Reports from Her Majesty's representatives on the system of pawnbroking in various countries, 1894(0 7559); Report of the select committee of the House of Commons on Pawnbrokers, 1870 ; " How to Municipalize the Pawnshops " by Robert Donald (New Revieiv, December, 1894) ; and a printed speech at the London County Council by Mr. W. H. Dickinson on the municipalization of pawnbroking. 29. Water supply is an important service (p. 154). Of the 64 county boroughs in England and Wales, 43 have the water supply in their own hands, and i namely, Middlesborough is supplied, together with the municipal borough of Stockton, by a joint water board. In 12 of these 44 cases the waterworks were originally con- structed by the corporation, and in the remaining 32 they have been purchased from companies. Of the 20 county boroughs without a municipal water supply, i namely, the borough of Bootle is supplied by the Liverpool Corporation, thus leaving 19 county boroughs supplied by private companies. Of the 32 cases of purchase, 23 were purchased by agreement settled before the passing of an Act, and afterwards embodied in or confirmed by the Act ; 4 were purchased by agreement under Acts in which, failing agreement, arbitration was to be under the Lands Clauses Consolidation Acts ; 2 (together with two of the Liverpool companies) were purchased by arbitration under the Lands Clauses Consolidation Acts ; i was purchased by arbitration under special terms mentioned in the 246 NOTES AND ILLUSTRATIONS Act ; and 2 (Manchester and St. Helens) were settled by agree- ment after the passing of an Act authorizing purchase. There are in England and Wales, besides the county boroughs, 240 municipal boroughs, including the City of London. It is not easy to find out exactly what has happened in all of these cases with regard to water supply. So far as information is obtainable, it would appear that the water supply is in the hands of the corporation in 1 1 7 of these boroughs ; 7 are supplied by joint water boards or com- mittees, and i is supplied by another corporation. In the great majority of these cases the works were originally constructed by the corporation, but there is information that in 25 cases the works of companies were purchased. 30. The following Memorandum prepared for the use of the select committee on burial grounds, by Mr. W. P. Byrne, i3th July, 1897, gives a very useful summary of the subject of burial grounds (p. 160). This Memorandum does not apply to cemeteries under the Public Health Interments Act, which is administered entirely by the Local Government Board, but relates mainly to churchyards and burial grounds and additions to churchyards provided under the Burial Acts or the Church Building Acts. With regard to churchyards the freehold is in the incumbent, but the parishioners have the right of burial therein, and the manage- ment of the churchyard is vested, on behalf of the parishioners, in the churchwardens jointly with the incumbent. The minister and churchwardens have a discretion in what part of the churchyard the parishioner shall be buried, and even an alleged custom for the inhabitants of a parish to bury as near as possible to their ancestors is bad. Complaints occasionally reach the Home Office from parties who consider themselves prejudiced by the selection of the site for their relatives' graves, especially in cases of interment under the Act of 1880 ; but the Secretary of State has no authority in the matter. If an addition to a churchyard is made by public subscription or private benefaction he may be, and usually is, vested in trustees, to be held and used in the same manner as an existing churchyard, and in such cases the additional land is, it is believed, usually consecrated under the Consecration of Churchyards Act, 1867. Burial grounds may be provided by burial boards, town councils, and urban district councils acting as burial boards, by joint burial NOTES AND ILLUSTRATIONS 247 committees under the Local Government Act of 1894, by parish councils acting in execution of the Burial Acts, or by companies acting under statutory powers. Except in the last case, such burial grounds are generally provided by means of loans raised from the Public Works Commissioners or others with the sanction of the Treasury or of the Local Government Board. Power to take lands compulsory for burial purposes is given to the Ecclesiastical Com- missioners by the Church Building Acts, to parish councils by Section 9 of the Local Government Act, 1894, and to district councils by the Public Health Interments Act of 1879. Before the Local Government Act, 1894, it was possible under the very wide powers conferred by the Burial Acts for almost any area which was not a merely fortuitous collection of houses, but had a vestry or meeting in the nature of a vestry, to appoint a burial board and provide itself with a burial ground. And as a matter of fact grounds were in a large number of cases provided for ecclesi- astical _areas with but slight reference to the civil parishes. But now in every rural parish the parish meeting, exclusively, has the power of adopting the Burial Acts for that parish. When the Acts have been adopted by the parish meeting, the parish council, if any, will be the authority for the execution of the Acts ; in parishes having no parish council the parish meeting can only act as the authority if specially authorized by the county council, and, if not so authorized, must appoint a burial board under the Acts. And with regard to ecclesiastical parishes or districts made up of more than one or portions of more than one civil parish, notwith- standing such a district may have had a churchyard or burial ground in common for the use of the district, or its ratepayers have cus- tomarily met in one vestry for purposes common to all, the vestry or meeting in the nature of the vestry can no longer (since the Local Government Act, 1894, came into force) proceed under the Burial Acts. A burial ground can only be provided for such a parish by the separate civil parishes or portions of civil parishes (if such portions are portions which under the Burial Acts and Section 7 (4) of the Local Government Act, 1894, have the power) adopting the Acts severally and concurring in providing a burial ground in common. Where the Burial Acts were, on the day on which the Local Government Act, 1894, came into force, in part only of a rural parish, the burial board or the parish meeting for that part may 248 NOTES AND ILLUSTRATIONS transfer the powers, duties, and liabilities of the board to the parish council, subject to any conditions with respect to the execution thereof by means of a committee as the board or parish meeting may think fit. And further the county council, on the application of a parish council, may by order alter the boundaries of the area which was under any burial board on the day on which the Local Government Act, 1894, came into force. But in urban districts it is still the case that a vestry or meeting of the nature of a vestry of a parish, whether poor law or ecclesias- tical, or of a district for which such meetings have customarily been held, can, with the consent of the urban district council, appoint a burial board and provide a burial ground. It is possible, therefore, in urban districts to give effect to the desire which is not un- frequently shown to follow the ecclesiastical lines of division for burial purposes even where the ecclesiastical and civil boundaries are distinct. It may be considered doubtful whether the multipli- cation of separate rating areas which this involves should be en- couraged or permitted ; but there is evidence in the Home Office that the wish to adopt ecclesiastical divisions for burial purposes, in spite of their clashing with civil divisions in a very awkward manner, is not uncommon. For example, an application has quite recently been received for approval of the setting up of a Burial Board for an ecclesiastical district which consists of a part of a rural parish (civil) and a small portion of a municipal borough. The Home Office was advised that such a Board could not legally be constituted ; and no doubt the general tendency of the Act of 1894 will be to cause burial districts to coincide with civil divisions. And this tendency will not be substantially removed by the powers given by the Act to parish councils to unite for purposes of common interest, as, e.g., the provision of a burial ground; because there is no direct power given to a parish council to unite with the parish meeting of a parish which has no council, nor with a burial board. 31. The importance of efficient locomotive service (p. 163) is in respect of (i) the means of intercommunication between different parts of a locality for business and recreative purposes; (2) the housing of the working classes ; (3) the carrying out of road improve- ments ; (4) the provision of cheap and satisfactory means of transit of food and other products. NOTES AND ILLUSTRATIONS 249 The Corporation of Folkestone are so interested in the South Eastern Railway service that they advertise its advantages to intended purchasers of property in Folkestone. The evidence collected and published by the Royal Commission on Agriculture prove the importance of Light Railways to localities. Many producers express their opinion that they are still most unfairly handicapped in competition with the foreign producers for the supply of the home markets, by reason of the reduced preferential rates conceded by the railway companies to the latter. As one witness forcibly put it, the struggling fruit-grower in Kent has to suffer the mortification of seeing foreign fruit carried by the railway past his farm at rates which would not be conceded to him, and of finding his produce, in consequence, undersold in the London market. The Royal Commission elicited further important evidence as to the extensive adoption of light railways in almost every country on the Continent, notably in Germany, Belgium, France, Italy, and Hungary, and in the vicinity of large towns, for the cheap and expeditious distribution of agricultural products and the encouragement and development of agricultural enterprise. The description given of the Belgian system may be referred to as more or less typical. There are 67 light railways, from 2 to 35 miles each in length, in the neighbourhood of most of the principal towns. The capital was supplied as follows : By the state to the extent of 27 per cent. By the provinces to the extent of 28 per cent. By the communes to the extent of 41 per cent. By the public to the extent of 4 per cent. The charge is as low as from 7 to 13 centimes per ton per kilometre for ordinary traffic, equivalent to i'id. and 2 'o$d. per ton per mile. There is also a special rate under which four tons are carried all distances for is. 2^/., or for iisd. per kilometre, equivalent to about z\d. per mile. Another special charge is ^d. per ton for all distances, or 4 centimes per kilometre, equivalent to about '64^. per mile. These railways run alongside the main roads ; they carry passengers as well as goods, and farmers travelling as passengers are allowed to take with them, free of charge, their small produce for sale in the towns. 32. The power of local authorities in early days with reference to buildings (p. 169) is hardly appreciated. Mr. Clifford, in his History 250 NOTES AND ILLUSTRATIONS of Private Legislation (i. 29-30), states that in the reign of Henry VIII. a series of Acts were passed giving remarkable powers to muni- cipal^authorities. The wars of succession had probably led to some confusion of ownership in towns. Country gentlemen, too, had become unwilling or, through want of means, unable to maintain their ancient residences in the chief provincial centres. The result was, in the year 1540, "that many beautiful houses of habitation" had "fallen down, decayed, and at this day ... do lie as desolate and vacant ground," while other houses were feeble and like to fall, and pits, cellars and vaults were uncovered and dangerous (27 Henry VIII. cap. i ; 32 Henry VIII. cap. 18 ; 33 Henry VIII. cap. 36). Municipalities complained, with reason, that these ruined mansions were " a hindrance and impoverishment " to them ; that the aban- doned sites became no man's land, disturbing to the peace of the community. Parliament listened to these representations, and pre- scribed a certain period within which owners should restore their houses. In their default the lords of whom the land was holden were allowed a further time to do so. If they, too, failed, local authorities might enter and do all necessary work, and, adds Mr. Clifford, " every considerable provincial town in England was thus dealt with." 33. The authority to consult on docks (p. 1 75) is Mr. L. F. Vernon- Harcourt's Harbours and Docks, 1885, 2 vols. It deals with their physical features, history, construction, equipment, maintenance, and gives statistics as to their commercial development, and very valuable plans. LECTURE VI 34. The important principle of taxation according to benefit (p. 189) is illustrated by a long series of Acts. Thus special rates are leviable for bridges, shire halls, etc., over particular areas in certain cases 1530-1, 22 Henry VIII. cap. 5, bridges. 1815, 55 George III. cap. 143, bridges. 1826, 7 George IV. cap. 63, shire halls, etc. 1827, 7 and 8 George IV. cap. 31, damage by rioters. 1852, 15 and 16 Victoria, cap. 81, county rate in a divided parish. See Two Memorandums on Local Government of S. Whitbread, M.P., and W. Rathbone, M.P. (ii. 19). Sewerage statutes are all upon the principle of benefit. A statute NOTES AND ILLUSTRATIONS 251 of Henry VI. (1427) authorized the Crown to grant commissions to make surveys, etc., and to inquire into annoyances resulting from ditches, gutters, etc., and by whose default caused, with power to distrain for reparations, " so that none should be spared that might receive benefit or defence, commodity or safeguard." This statute was followed by 23 Henry VIII. cap. 5 (1531). And there were also special statutes for the metropolis 3 and 4 Edward VI. cap. 8 (1549); 13 Elizabeth, cap. 9 (1571); 3 James I. cap. 4 (1605); 2 William and Mary, cap. 8 (sess. 2), (1691); 7 Ann, cap. 10 (1706). Under these statutes Special Courts of Sewer Commissioners were established. As courts they could bind by their decrees property in fee or even entailed property, and by Act of Ann (1706) could sell the property if need be to enforce their decrees. It was settled law that unless all benefited were assessed to the cost of the work the rate or decree for assessment was bad ; to such an extent was this pushed that it was bad if the assessment did not include the King's land. None were to be spared that received benefit, even if the benefit were not immediate (Smith v. Wilson, 3 H. and E., 248). The assessment was regarded in the nature of a betterment or improvement on the fee of the land (Smith v. Humble, 15 C. B., 330), and became a first charge, not on the occupier, but on the property in the nature of an encumbrance, the tenant having a right of deduction (Palmer v. Erith, 14 Mees and W., 428). The sewer rate benefits property and is payable by the landlord, whether the property is tenanted or not (Holborn and Finsbury Sewers Act, 18 George III. cap. Ixvi. p. 8, and the Surrey and Kent Sewers Act, 49 George III. cap. 183, sec. 36, p. 8). The Holborn Act states that it " shall be deemed and taken to be a charge upon the premises." It was levied upon the area benefited or upon the property benefited : Area Benefited. See Surrey and Kent Sewers Act, 49 George III. cap. 183, sec. 45, p. 8, Metropolitan Sewers Act, 1848, n and 12 Victoria, cap. cxii. sees. 34 and 76, p. 9, and minute of the Metropolitan Commissioners of Sewers, issued thereunder, creating a new district in the Metro- politan district of Fulham and Hammersmith, p. 10. Property Benefited. See Westminster Sewers Act, 4 and 5 William IV. cap. xcvi. sec. 6, p. n, Marylebone Streets Act, 53 George III. cap. cxxi. sec. Si, p. 12. 252 NOTES AND ILLUSTRATIONS The area benefited had no relationship to parish boundaries, but consisted solely of the area of benefit. The unit to govern the liability was that of area of benefit, and sec. 81 of Metropolitan Commissioners of Sewers Act, u and 12 Victoria, cap. cxii., treated charge or rate on the same footing. The 3 and 4 William IV. cap. 22, is the first Act that established differential rating in proportion to benefit derived, and conferred those powers on bodies other than commissioners of sewers the rating proceeding on the principle of receiving benefit or avoiding damage. By sec. 38 of the Land Drainage Act, 1861, a distinction is drawn between rating for improvements in old and in new works, and makes the cost of new works exceeding ^1,000 and of all improve- ments in old works a special rate and a tax on owners. Rating, according to the evidence of experts given before the select committee on conservancy boards (371 of 1877), should be according to benefit conferred or damage averted by improvements. Ridley (Enclosure Commissioner, Qn. 67) "If I went down and said, 'Now this district has derived benefit, we will say, to the extent of ^100 a year,' I would charge them for that, but if they are able to prove on appeal that they have not derived any benefit at all, this rate would be quashed." Mr. Speaker (Peel), Qn. 349 "It appears to me that the taxation should be spread over all, recognising the fact that the tax ought to be as proportionate as the damage averted is proportionate, or as the benefit received is proportionate." Mr. Brendell, C.E., Doncaster, Qn. 11281129 "All lands that would benefit by the improvement of the river should pay a contri- bution to meet the general improvement in proportion to the benefit received to be determined by an expert." Mr. Williams, Engineer of the Severn Navigation Commission, Qn. 1620 Mr. Tweedtown, Clerk of the City of Lincoln, Qn. 1911 "My idea is that they ought all to be rated, but of course there ought to be a sliding scale according as they are respectively benefited." Mills (land agent, Derwent), Qn. 2315 ' I would most decidedly tax them according to the benefit which they are supposed to receive." Hawkins (Town Clerk of Oxford), Qn. 2760 2761 Sir John Hawkshaw (Civil Engineer), Qn. 2795 "I would rate the district in proportion to the benefit that it received as nearly as practicable; it is difficult sometimes to apportion the benefit with precision, and my proposition embraces to some extent those who occasion the floods as well as those who suffer from them." NOTES AND ILLUSTRATIONS 253 Public and General Benefits and Assessments. Will be found in cases under the Irish Cess Act, 1836, which directs collateral benefits to be taken into account as regards roads ; under the Land Drainage Act, 1 86 1, and Estate Improvements Act, 1864, in England ; the Artizans' and Labourers' Dwelling Act, 1868, the Housing of the Working Classes Acts, 1885 and 1890, and the report of the Royal Commission on the Housing of the Working Classes, see post pages 16-23. Paving Benefits and Assessments. Rates were levied under these Acts upon the houses situated in the roads paved or repaired, and not upon other property in the parish. Local Acts Bethnal Green, 33 George III. cap. 88, sec. 50 and 53 ; Southwark, 6 George III. cap. 24, sec. 51 ; Westminster, n George III. cap. 22 [p. 612]. A judgment of the Court of Queen's Bench, on the construction of sec. 159 of the Metropolis Local Management Act, 1855, laid down in the case of the London Docks that the area covered with water, and deriving in consequence no benefit from certain local charges, was not liable to be assessed for such benefits. Lighting, Watching, etc., Benefits and Assessments. These rates were levied according to benefits conferred, and if none were con- ferred no assessment was to be imposed (Hampstead Act). In some cases the Acts directly laid down these principles, and gave no other directions for assessing the benefits (Stoke Newington Act and Hampstead Act). In other cases the rates were levied according to benefits conferred, and the Acts defined the limit of area, instead of leaving it open to the assessing authority to ascertain the nature and extent of the benefit, and directed that only properties within a certain distance of the road, lighted, watered or watched, were to be considered as deriving benefits, and in consequence liable to rate or assessment. As illustration of rates levied upon houses in the roads which were lighted, etc., or upon houses within a certain distance of the roads in Shoreditch, Camberwell, Hampstead, trustees were enabled to rate all houses, etc., situated by the sides of the roads lighted or within two hundred yards thereof. In the case of Lambeth, it was limited to 500 yards; and in another case in Hampstead, it was limited to 100 yards. Street Improvements, Benefits and Assessments. The Act 13 and 14 Charles II. cap. 2, relating to the City of Westminster, passed before the Fire of London, contains a provision for charging owners 254 NOTES AND ILLUSTRATIONS of property with a capital sum as a rent in consideration of improve- ment to their property, it being declared that such property will receive much advantage in the value of their rent (seepage 36). The 1 8 and 19 Ch. II. cap. 18, relating to the City of London, passed after the Fire of London, repeated the same principle, and Mr. Pepys in his Diary comments on the application of this principle. By the Act relating to St John, Wapping (22 George III. cap. xxxv. sec. 27), the trustees are enabled to purchase buildings and lands and make and open streets in certain parts of the parish; section 36 enables the trustees to sell surplus lands ; section 40 enables the trustees to make rates on houses, etc., within the streets and places opened and made under the Act, throwing one-third part of such rates upon the landlord, and the remaining two-thirds on the tenant ; section 45 enacts that empty houses shall be rated at one-third and paid by the owners or proprietors ; section 54 enables the trustees to borrow money by annuities, the security being the rates made on the intended new streets, and the annuities are charged upon such rates. By the Act 28 George III. cap. 68 (Southwark) the commissioners are empowered to open, widen and improve certain streets, the particulars of which are set out in section 3, and by section 28 to levy an additional rate of 6d. upon the particular division in which the streets to be improved are situated, and by sections 31 and 32 these rates are charged upon the landlords. 35. The history of the Metropolitan Police Force is a very curious one, and worth noting from the point of view of development from local to national purposes (p. 200). It was established in 1829. The duties of the Horse Patrol and Thames Police were transferred to the Metropolitan Police in 1839. The employment of the Metro- politan Police in Her Majesty's yards and principal military stations outside the Metropolitan Police District was authorized in 1860. In 1829 the district included Westminster and certain specified parts of Middlesex, Surrey and Kent, with power, by order in Council, to add all parishes, etc., in the above-named counties, and in Hertford and Essex of which any part is within 12 miles of Charing Cross. In 1839 power was given by Order in Council to extend the district to include any part of the Central Criminal Court district, except the City of London and the Liberties thereof, and any NOTES AND ILLUSTRATIONS 255 part of any parish, etc., not more than 15 miles from Charing Cross. An order in Council of 1840 enumerated the places which constitute the existing district. The district is made up as follows : The County of London. The County of Middlesex. In the County of Surrey the following parishes and places : Addington, Banstead, Barnes, Beddington, Carshalton, Cheam, Chessington, Coulsdon, Cuddington, Epsom, Ewell (exclusive of Kingswood Liberty and including Worcester Park), Farley, Hamlet of Ham with Hatch, Hamlet of Hook, Kew, Kingston-on-Thames, Long Ditton, Maldon, Merton, Mitcham, Mordon, Mortlake, Moulsey (East and West), Petersham, Richmond, Sanderstead, Sutton, Thames Ditton (comprising the Hamlets of Clygate, Ember and Weston), Hamlet of Wallington, Warlingham, Wimbledon, and Woodmansterne. The county borough of Croydon. In the county of Herts the following parishes and places : Aldenham (and Hamlet of St. Theobald, Aldenham), East Barnet, Bushey, Cheshunt, Chipping Barnet, Northaw, Ridge, Shenley and Totteridge. In the county of Essex the following parishes and places : Barking (including Chadwell, Great Ilford, and Ripple Wards), Chigwell, Chingford, Dagenham, East Ham, Little Ilford, Waltham Abbey and town (including the Hamlets of Holyfield, Sewardstone and Upshire), Wanstead and Woodford. The county borough of West Ham. In the county of Kent the following parishes and places : Beckenham, Bexley, Bromley, Chislehurst, Crayford, Down, Erith, Farnborough, Foot's Cray, Hayes, Keston, Hamlet of Mottingham, North Cray, Orpington, St. Mary's Cray, St. Paul's Cray, and Wick- ham (East and West). In 1844 the Police Acts were extended to Trafalgar Square. Constables of the Metropolitan Police Force (specially sworn) act within the Royal Palaces and ten miles thereof. Constables of the Metropolitan Police Force (a number directed by the Home Secretary and specially sworn) act within Her Majesty's dockyards and principal military stations, and within 15 miles thereof. They have full power within the yards and stations, but 256 NOTES AND ILLUSTRATIONS outside them only with respect to Crown property and persons subject to discipline. The constables of the Metropolitan Police have full, but not exclusive, power in the counties of Berkshire and Buckinghamshire. Also upon the river Thames within the counties of London, Middlesex, Surrey, Berkshire, Essex, and Kent, and within and adjoining to the City of London and the Liberties thereof, and in and on the creeks, inlets, waters, docks, wharfs, quays and landing places thereto adjacent. In those parts of the Thames which are beyond the district the powers are concurrent with those of the county or local police. On any special emergency, at the request of the Lord Mayor, a Secretary of State may authorize Metropolitan Police to act within the City under their own officers. Agreements to assist in special emergencies may be made with the authorities of other police forces. The Commissioner is appointed by the Crown by warrant under the sign manual. He is a justice of the peace for London, Middlesex, Surrey, Hertfordshire, Essex, Kent, Berkshire, and Buckinghamshire, although not qualified by estate. He may not act at general or quarter sessions, nor in any matter out of sessions, except for the preservation of the peace, the prevention of crimes, the detection and committal of offenders, and in carrying into execution the pur- poses of the Metropolitan Police Acts. He can act as a justice only during the continuance of his appointment. Under the directions of a Secretary of State he appoints the members of the Metropolitan Police Force. He swears in members of the Metropolitan Police Force to act within the Royal Palaces and 10 miles thereof. Under the direction of a Secretary of State he swears in members of the Metropolitan Police Force to act in Her Majesty's dockyards and principal military stations, and, subject to the approval of a Secretary of State, he may replace these by such additional constables as may be required. He may, if he thinks fit, appoint additional constables, on the application and at the cost of private individuals, to keep the peace at any place within the Metropolitan Police District. Subject to the approbation of a Secretary of State, he makes NOTES AND ILLUSTRATIONS 257 orders and regulations for the general government of the police force ; the places of their residence ; the classification, rank, and particular service of the several members ; their distribution and inspection ; the description of arms, accoutrements, and other necessaries to be furnished to them ; and which of them shall be provided with horses for the performance of their duty ; and all such other orders and regulations relative to the police force as he shall deem expedient for preventing neglect or abuse and for rendering the force efficient. There are three Assistant Commissioners, who are appointed in the same manner as the Commissioner, have, as justices, the same powers, and are subject to the same disqualifications. Under his superintendence and control they aid the Commissioner in the dis- charge of his various duties, and perform acts and duties in the execution of the Police Acts as directed by orders and regulations made by the Commissioner with the approbation of a Secretary of State. Matters requiring to be done by the Commissioner may be done by an Assistant Commissioner nominated and as directed by a Secretary of State. In case of a vacancy in the office of Com- missioner, or of his illness or absence, an Assistant Commissioner may act for him. The Receiver of the Metropolitan Police is appointed by the Crown. He is subject to the same disqualifications as the Com- missioner. He receives all moneys applicable to the purposes of the Metro- politan Police ; pays all salaries, wages, allowances, and other ex- penses incurred in carrying out the Police Acts ; makes all con- tracts and disbursements necessary for purchasing or renting land or buildings, or for erecting, fitting up or repairing any buildings for the purposes of the Acts. All police property of whatever nature vests in him, and he alone can dispose of it under the direction of the Secretary of State. He is a corporation sole and has an official seal. He has wide powers of acquiring, holding, and disposing of land and other property. He has compulsory powers of purchase for certain purposes, and may borrow for certain purposes on the security of the Police Fund, under the Local Loans Act, 1875, or fr m tne London County Council. All sales, purchases, or leases, etc., by the Receiver and the s 258 NOTES AND ILLUSTRATIONS raising of all loans are subject to the approval of a Secretary of State, and, in the case of loans, also of the Treasury. He has power to sell unclaimed stolen property (which has been ordered by a magistrate to be delivered to him) after twelve months, and carry the proceeds to the Pension Fund. He is the police authority for the Metropolitan Police District, to whom claims for compensation under the Riot (Damages) Act, 1886, are made. Claims are payable out of the Metropolitan Police Rate. In addition to his duties in connection with the Metropolitan Police Force, the Receiver is also Receiver for the Metropolitan Police Courts. Money is provided by annual votes of Parliament for the salaries of the Commissioner, the Receiver, and of two of the three As- sistant Commissioners, but the allowances to the Commissioner and Assistant Commissioners for house rent, and the salary of the third Assistant Commissioner, are payable out of the Police Fund. Parliament also provides money for the expenses of the employ- ment of constables in Her Majesty's dockyards and military stations. The annual sum provided for the expenses of the Metropolitan Police Force must not exceed qd. in the pound on the full annual value of all property rateable for the poor in the Metropolitan Police District. Of this sum $d. is levied by a rate and 4< is paid out of the exchequer contribution. It is deducted from the amount payable under the Local Government Act, 1888, out of the local taxation account to the council of each county in the Metropolitan Police District in proportion to the amount raised by rate in the county, and is paid direct to the Receiver. Fines for offences against the Metropolitan Police Acts recovered at courts other than Metropolitan Police Courts, and the proceeds of licenses for Hackney and stage carriages are also paid to the Police Fund. In 1829 the maximum amount was fixed at 8) A rateable deduction from pay, not exceeding 2\ per cent, per annum. (c) Stoppages during sickness and fines for misconduct as provided by regulations of force. (*/) The proceeds arising from the sale of unclaimed stolen goods. (e) Fines imposed on constables, or for assaults on constables, and fines awarded to constables as informers. (_/) Sums arising from sale of cast-off clothing of force. 26o NOTES AND ILLUSTRATIONS (g) Such proportion of any sum received on account of constables whose services have been lent in consideration of payment as the police authority may consider to be a fair contribution to the pension fund in respect of those constables. (h] All dividends, etc., from investments of the pension fund. Also, with consent of the authority having control of the fund to which the money would otherwise go : (z') Fees for pedlars and chimney sweeps' certificates. (/) All fees payable to any constable of the force. (k) Fines for offences under the Licensing Acts, 1872 and 1874. This is summarized from Mr. Kemp's memorandum to the Royal Commission on London Government, 1894, Appendix, pp. 566-574. LECTURE VII 36. The chaos in local taxation (p. 209) may be indicated by the entirely different methods adopted for the distribution of the grants from Imperial exchequer. These methods are (1) Licences, according to the amount collected within the county or county borough areas. (2) Estate duties and beer and spirit duty, according to the grants actually made to the several local authorities within the county and county borough areas in the year 1887-8, but subject to special adjustment in one or two cases. (3) Police pension grant, according to an arbitrary decision of Parliament founded on no basis beyond the immediate requirements of the police. (4) Education grant, according to the results of education. (5) According to the amount of taxation upon agricultural lands. It is not only that the second and third of these methods are not good of themselves, but that they do not act as complements to the others. Thus places with the same burden of rates show as follows : NOTES AND ILLUSTRATIONS 261 Ratio per cent, of rates to rate- able value. Ratio per cent, of Exchequer contributions to rateable value. Proportion of local taxation borne by Exchequer con- tributions (per cent.). Coventry. . . . 22-15 4-60 I7-2O Salford ... . 22-19 4 '44 16-67 Ipswich ... . 22-38 4 '45 16-58 Wigan ... . 22-50 3'93 14-87 Lincoln (county borough . 22*53 6'59 22 '6 1 Middlesex . . . 22-59 4-38 I6-24 Birmingham . . . 22 "68 4'47 16-46 London ... . 22-41 3-37 13-07 The general result of this system is, that by the criterion of rateable value and of local taxation borne by Exchequer contributions London receives less than other places of the same burden of rates, and there is inequality throughout. Exclusive of the charge for education, a Londoner is relieved to the extent of about one-eighth of the amount he would have to pay in rates in the absence of Exchequer contribu- tions, while an inhabitant of Salop or Westmoreland is relieved to the extent of nearly one-third. The ratios between London, county boroughs, and counties were, in 1893-4, as follows : Ratio per cent, to total. Rateable value. Local taxation. Exchequer contributions. London ..... County Boroughs . Counties .... 20-74 20-4I 5^85 24-95 25-11 49 '94 18-45 22-03 59'52 Total 100-00 lOO'OO lOO'OO 37. The early system of taxation dealt with the counties, boroughs,, and townships, and not with the individual taxpayer (p. 210). During the early years after the Conquest there is little information on this subject, because of the vast amount of the royal demesnes and the feudal dues which made service and work answer the purpose of taxation. But in the fourteenth century, the long wars with France and the change of economic and political conditions 262 NOTES AND ILLUSTRATIONS produced a change in taxation, and the practice had been introduced of assessing the property of earls and barons, and the commonalty of counties and towns, to a twentieth, fifteenth, or tenth, according to requirements. But the assessment of 1332 produced a significant reform. Complaint had been made of oppression, extortion, and hardship, and to avoid these " a power was inserted in the writs issued for the assessment and collection of the tax, which amounted to a direction to the Royal Commissioners to treat with the commu- nities of the cities and boroughs, the men of the townships and ancient demesne and all others bound to pay the fifteenth and tenth, and settle with them a fine or sum to be paid as composition for the fifteenth and tenth." The sum thus fixed was to be entered on the rolls as the assessment of the particular county, borough, or township ; and counties, boroughs, and townships were required to assess and collect the amount upon and from the various individual contributors. Only in the case of a refusal to compound was the machinery of assessment and collection to be enforced. Henceforth, from 1334, the sum thus fixed by composition as for the fifteenth and tenth granted in 1334 was accepted as the basis of taxation ; and on the grant of a fifteenth and tenth it was usual to declare that they should be levied in the ancient manner according to the ancient valuation (Pipe Rolls, ii. 447) that is to say, that there should not be any new assessment, but that every particular county and town should pay the usual sum, a fifteenth for the county and a tenth for the city and borough. In process of time every particular county, city, and town assessed and collected the amount charged upon it by means of the method they found most convenient to them. When less than the sum for a full fifteenth and tenth was required, half a fifteenth and tenth was granted, and when a greater sum was required, it was granted under the name of two fifteenths and tenths, or as the case might be. This practice was continued, in spite of attempts to change it, down to modern times, and the Property Tax of William III., planted in the same soil, grew gradually to resemble the fifteenths and tenths in the form it attained of the fixed Land Tax of the eighteenth century. To the present day, at the distance of five centuries and a half, the consequences of the arrangement made in 1334 for the local assessment and collection of the fifteenth and tenth are clearly visible in England (Dowell's Hist, of Taxation, i. 86-88). Counties, boroughs, and towns that kept the tax collector out of NOTES AND ILLUSTRATIONS 263 their territory, and handed over to the State certain proportional sums of the whole amount required, could apportion the burden upon the individual as they deemed it right that it should fall ; that they exercised judgment in this matter is known from many examples. 38. The passage as to Remunerative and Non-Remunerative Rates (p. 215) in the Report on Scottish Local Taxation is as follows : In making a comparison of the amount of local rates falling upon urban and rural districts respectively, it is of importance that re- munerative should, as far as possible, be distinguished from non- remunerative taxation many of the new rates being of the nature of payment for benefits received, and not so much a burden as an investment e.g., lighting of streets, cleansing, paving, etc. In distinguishing between non-remunerative and remunerative taxation I have followed the principle adopted in the English Local Taxation Returns some years ago, and have included, in the first class, sums levied for the maintenance of a police force (i.e., the protection of life and property, and preservation of internal peace and order) and for the relief of the poor. All other rates have been placed in the second class. The following Tables show the total amount of Remunerative and Non-Remunerative Rates raised in 1848 and 1893 : I. Non- Remunerative Rates. Rates. Urban Areas. Rural Areas. 1848. .893. 1848. 1893. Poor Law . Police (Constabulary) . Total . 180,771 53,373 397,962 180,000 284,096 53,385 352,734 130,000 234,144 577,962 337,481 482,734 264 NOTES AND ILLUSTRATIONS II. Remunerative Rates. Urban Areas. Rural Areas. Rates. 1848. i8 93 . 1848. 1893. Total Burgh Rates other than those required for Police 126,923 1,541,927 School Rates falling on Heritors 50,000 ... Ecclesiastical Rates falling on Heri- tors ... ... 30,000 34.563 Education Rates under Act of 1872. ... 307,628 ... 307,637 District Fishery Boards . ... ... 10,490 County Rates (including Roads, but excluding Police) 124,261 488,536 Parish Rates other than Poor Relief and Education .... ... 28,048 Total 126,923 1,849,555 204,261 869,274 INDEX Accounts, local taxation, u. Administrative counties, 67. Agricultural Rates Act, 144, 210, 236. Agricultural system, primitive, 112. Alcoholic liquors, sale of, 146. Ashley (Mr.), quoted, 142. Attendance, compulsory, at shire courts, 61. Austin (John), definitions of government by, 9, 22. Authorities, governing, relation of, to the electorate, 27, 235. Authorities, local, in England, 12-13. Baths and washhouses, 155. Benefit, common, 119, 120. Benefit, doctrine of, 178-207. Benefit, taxation according to, 154, 155. 157, 158-169, 189-191, 212, 2 1 6, 250-254. Bentham (Jeremy), quoted, 134. Billingsgate market, 174. Birlaw courts, 115-116. Boroughs, municipal, 4, 15, 25, 37, 39, 75-105, 123, 224, 238. Boundaries of boroughs, 97. Bread, supply of, 142-144. Buildings, control over, by local author- ities, 169, 250. Burial grounds, 155, 160-162, 246-248. By-laws, 115, 119. Canterbury, city of, 81, 90, 93. Capital, private, demands of, 148, 149, 150, 152. Cathedral closes, 41. Children (pauper), authority having charge of, 13. City organization, 86. Coal supply, 145. Coke (Lord), quoted, 119. Collectivism, 73. Co-ownership, 121. Cornwall, county of, 59. Coroner, office of, 61. Corporate action, 121. Counties, 4, 15, 36, 37, 39, 42-74, 103. County boroughs, 75, 103. Crawford birlaw court, Il6. Cunningham (Professor), quoted, 127, 132. Customary law, 24. Damage by riot, liability for, 73, 238. Danish burghs, 85. Definitions, elements of local govern- ment, 32-33 ; functions of local government, 187-188 ; principles of local government, 222-223. Detached areas, 40, 236. Development, principle of, 28, 192- 207. Devon, county of, 59. Dialects, 47. Differential taxation, 189-191. Districts, 18, 19, 232, 234. Ditmarsh community, 122, 243-245. Docks and harbours, 150, 151, 154, 175, 250. Dover harbour, 150. Ecclesiastical parish, 107, 125-126. Economics, public, 176-177. Education Act, 6. Education, elementary, 159- Electorate of local government and State government practically the same, 3, 22, 24, 27, 29, 224, 225. Electric light, 165. Elements of local government, 32-33. 265 266 INDEX Exeter, early position of, 16, 85. Federal government in relation to local government, 2. Fire insurance, municipal, 150, 166- 169. Firma burgi, 91. Food supply, 143. Franchises, the great, 41, 130-177. Functions of local government, 7-8, ISO- Gas supply, 155, 165. Gloucester, property belonging to the corporation, 94, 239 ; water supply, 151. Gothenburg system, 146. Green (Mrs.), Town Life, quoted, 25, 142, 143. Harbours, decay of, 150. Herefordshire, shire-moot of, 50-52 ; condition of in 1610, 183, 237. House, source of municipal rights, 94, 240. House refuse, removal of, 158-159. Hundred, the, 40, 72-74. Hungary, county government in, 42. Hustings, 63. Incorporation of boroughs, 78-82. Incorporation of parishes, 113. Joint - stock associations, economical position of, 139. Justices of peace, 62. Kent, shire-moot of, 52-57, 64, 237, 238. Kinship by blood, survival of, 88. Laisser-faire school of economics, 137. Land - owning by municipalities, 92, 241. Lauder, 93. Leadenhall market, 170. Light railways, 6, 249. Lincolnshire, ancient divisions of, granted county government, 67. Liverpool docks, 151. Locality, definitions of, 15, 20, 21, 128, 193- Local government defined, I ; its relationship to State government, 4, 9, 235 ; phases of its history, 17-18 ; in relation to Austin's definitions, 22. Locomotion, services of, 162-164, 248- 249. London, city of, 16, 77, 80, 85, 90, 93, 94, 100, 101, 105, 123, 144, 150, 151, 166, 170, 171, 173, 174, 226, 227, 241-242. London, county of, 34, 40, 41, 67, 68, 69, loo, 105, 124, 125-126, 184, 190, 191, 193-194. 196, 197, 198, 199, 202, 225, 233. London government reforms, II, 226- 23 1 ; additional authorities suggested, 232. Long Acre, London, suggested origin of, 241. Lubbock (Sir John), quoted, 142. Maine (Sir Henry), quoted, 43, 91, 115. Maitland (Professor), quoted, 46, 60, 95. 233- Man (Isle of), government, 49-50. Manorial element in township, 112, 114, 117, 122. Markets, 154, 170-174. Middlesex, county of, 40, 63, 241. Mill (John Stuart), quoted, 138. Officers, county, 70. Old age, ancient cruelty towards, 182-183. Open air, assemblies held in, 49, 101. Outlawry, by county court, 63, 237. Parishes, 5, 15, 37, 39, 100, 106-129, 195. Pawnbroking, 145, 245. Penge, in relation to London, 68. Police service, administration of, 200- 202. Police, metropolitan, 19, 201, 232-234, 254-260. Pollock (Sir Frederick), quoted, 59, 113- Poor-law system, 179-186, 202-207. INDEX 267 Poor-law unions, 18. Positive law in relation to local govern- ment, 24. Poind, village, 115. Preston, 93, 94. Prisons, administration of, 199-200. Private action and public services, 135, 146, 148. Profit, in relation to local services, 153. Property, in relation to the community, 128, 131, 132, 169, 207, 213-214, 221. Punishments, ancient, in. Railways, 162. Rank, degrees of, in local authorities, 38-39, 71, 75, 76, ioo. Registration counties, 68-69. Remunerative services, 153, 215, 263- 264. Ridings of Yorkshire granted county government, 67. Roman influences, 77, 83, 97, 127, 242. Russian mir, 89, 237. St. Albans, 84. Salford, 93. Sanctions of local government, 24-27. Scotland, 45, 85, 183,263-264. Seal (common) of counties, 59. Seebohm (Mr.), quoted, 43, 112. Settlement, law of, 204-206. Sharing of taxation, principle of, 210- 211. Sheriff of London, 242. Shires, English, 44-48, 237. Shires, small, not equivalent to counties, 44, 237. Silchester, 84. Skene (Mr.), quoted, 45. Socialism, 137, 147. Spain, local government in, 235. Spelman (Sir Henry), quoted, 162. State government, 2, 8, 22, 26, 30, 235. Stow's London quoted, 241. Stubbs (Bishop), quoted, 113, 118. Taxation, 64, 154, 157, 208-222, 262. Taxation according to benefit, 154, 155, 157, 158-169, 189-191, 212, 2l6. Taxation direct, 154, 157, 169. Taxation indirect, 154, 157, 170. Taxation, imperial, allotted to locali- ties, 235-236, 260-261. Telephones, 155, 164. Townships, 5, 107-113, 123, 243. Tramways, 155, 163, 164. Tribal influences, 43-47, 236-237. Utility, general, doctrine of, 134, 157, 178-207. Vestry, modern, in relation to ancient township, 1 1 8. Water supply, 13, 131, 150, 154, 169, 245-246. Westminster, Henry III. and, 242. Whitsome birlaw court, 116. Wiltshire boroughs, 88-89. Wiltshire townships, 109-110. Winchester, 93, 173. Batler & Tanner, The belwoou Prituiujf Works, Fromc, and London. Reflections and Comments BY EDWIN LAWRENCE GODKIN Crown Svo, "js. 6d. " Mr. Godkin's book forms an excellent example of the best periodical literature of his country and time." The Daily News, " Mr. Godkin always writes pleasantly and suggestively." The Times. 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Six Facsimile Maps. 2 Vols. 12 6 No. 1. Milton . 2. Latimer . 3. Gosson . 4. Sidney . 5. E. Webbe 6. Selden . 7. Ascham . 8. Addison . 9. Lyly 10. Villiers . 11. Qascoigne 12. Earle 13. Latimer . 14. More 15. Puttenham 1 6. Howell 17. Udall 1 8. Monk of Eves 19. James I. . 20. Naunton . 21. Watson . 22. Habington 23. Ascham . 24. Tottel's . 25. Lever 26. W. Webbe . 27. Lord Bacon . 28. Roy, etc.. 29. Raleigh, etc. . 30. Qooge English Reprints Text. Areopagitica ..... 1644 The Floughers 1549 The School of Abuse .... 1579 An Apology for Poetry . . . ? 1580 Travels ...... 1590 Table Talk .... 1634-54 Toxophilus .1 544 Criticism on Paradise Lost . 1711-12 EUPHUES .... 1579-80 The Rehearsal 1671 The Steel Glass, etc. . . .1576 Micro-cosmogi-aphie .... 1628 Seven Sermons before EDWARD VI. . 1549 Utopia 1516-57 The Art of English Poesy . .1589 Instructions far Foreign Travel . . 1642 Roister Daister .... 1553-66 The Revelation, etc. . . . 1186-1410 A Counterblast to Tobacco, etc. . . 1604 Fragmenta Regalia .... 1653 Poems 1582-93 CASTARA 1640 The Schoolmaster . . . .1570 Miscellany [Songs and Sonnets] . . 1557 Sermons . . . . . .1550 A Discourse of English Poetry . . 1586 A Harmony of the Essays. . 1597-1626 Read me, and be not wroth I . . 1528 Last Fight of the ' ' Revenge " . . 1 59 1 Eglogues, Epitaphs t and Sonnets . 1563 s. d. O o o o o o o o o o o 6 6 o o o o o 6 o o 6 o o 6 o BoswelPs Life of Johnson EDITED BY AUGUSTINE BIRRELL. 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