Page:Encyclopædia Britannica, Ninth Edition, v. 4.djvu/73

Rh and grants of the of appointing præpositi (s), ballivi (from  βάλλειν or  bajulus), and justiciarii increase in number towards the reign of, and are probably included along with the various exemptions from s, &c., granted by  in the &ldquo;liberties and free customs&rdquo; guaranteed by the. The terms, capital , capital , and jurat were of fluctuating signification; but the last three were finally applied to members of the Common Council which gradually took the place of the assembly of incorporated es. The s of a free might be acquired by, ship, , or purchase; and as prior to 's  these rights included exclusive privileges of , they were properly connected with the payment of local  and the performance of local duties, from which non-freemen (strangers and temporary residents) were exempt. In many cases it is probable that the &ldquo;civitas,&rdquo; or community of freemen, was identical with the convivium conjuratum, or Secular Frith Guild of s and craftsmen, possessing portions of land. Such voluntary associations for protection of, the administration of common , or for and  purposes, were more highly developed in  than in any other part of. The members of the leading naturally assumed the direction of  affairs, and when their  was recognized by  their bye-laws acquired a binding force. For instance, in s of the 12th century relating to the s of the terms burgenses and mercatores per aquam are used as synonymous. (Brentano on Gilds.) Such s gave compensation to brethren who had incurred losses by or undeserved misfortune, and made gratuitous s to poorer brethren for carrying on their. In was their special endeavour to obtain right, the right of, immunity from s, &c. Gradually, however, the distinction arose between the s proper who formed the gildæ mercatoriæ, and the craftsmen, who had at first d in the raw materials they worked with, but who were now oppressed and deprived of civic s by their wealthier brethren. The man &ldquo;with dirty hands&rdquo; or; &ldquo;blue nails,&rdquo; the man &ldquo;without or, who lives by his ,&rdquo; or &ldquo;hawks his wares in the s,&rdquo; was threatened with a  like that which the s and s had imposed. But at this juncture the great craft s arose to assert the rights of. In the time of their victory in  was complete, and, which had previously recognized the  and liberties of a  by confirming the , now used in its s the words of express  (communitas perpetua et corporata). A glance at the names and forms of the most modern will show how closely  organization and burghal  have been intertwined. In the earliest traces of burghal life are connected with the on the southern and eastern coast. The invasion of  these  ports with  communities, who brought with them, or afterwards obtained,  s of a favourable kind. The settlement obviously depended on the advantages which the burgesses possessed over the  outside. Quite different from these were the new close boroughs which during the  introduced from. was by this time completed, and by a rigorous enforcement of the and s the existing liberties of the older boroughs were almost entirely withdrawn. By the new rules published (in terms of the and ) in 1672 resident rs were permitted to become freemen, but neither this  nor the ordinary admissions through,, and  succeeded in giving to  free and vigorous. The corrupt admission of non-resident freemen, in order to out the ancient freeholders in ary s, and the systematic exclusion of, soon divorced the &ldquo;commonalty&rdquo; from true local interests, and made the s, which themselves or selected the , dangerously unpopular. In s or burrows are divided into s,, and. The first were erected by r, and every burgess held direct of. It was, therefore, impossible to the  lands,—a distinction still traceable in modern. Where perhaps no ever existed, the  or proof of immemorial possession of the s of a  has presumed that a  of erection once existed. The gave power to ,  ( terms which superseded the ancient  and ), and , a power long exercised under the  1469, which directs the new  to be chosen annually by the retiring , and the s by both s. The  of these s, which was specially reserved in the  of 1747 abolishing  s, was originally cumulative with, and as large as, that of the. It is now confined to s, summary s, s for interim  (for ers), payment of , and delivery of  s. Three head s were held in the , at which all burgesses were obliged to attend, and at which public business was done and private transactions were ratified. There were three classes of burgesses—burgesses in sua arte, members of one or other of the s; burgesses who are brothers; and simple burgesses. The Leges Burgorum apparently contemplate that all respectable inhabitants should have the, but a of admission was required, at which the applicant   and promised to watch and ward for the community, and to pay his &ldquo;maill&rdquo; to the. These borough maills, or s, and the great and small of s, formed a large part of the , and, although frequently d or feued out for a fixed , were on the accession of  annexed to  as an ary fund. still stand in the peculiar position of being neither nor able; they are therefore bad. The early s contain the usual s of holding a, of exemption from or , and that  will be allowed only for the burgess's own s. There was also the usual strife between the ry and the smen, who were generally prohibited from , and of whom rs, , and makers were forbidden to enter the ry. s, s, and visitors were appointed by the s, and the rate of s was fixed by the s. The in  were frequently, not by  , but, as in the case of the iners of , by s of cause from the. The  of the free s is very important. Thus in 1466 the of  and   was confined to freemen, burgesses, and their s. s are directed to  to the 's free s, there to pay the s, and to receive their cocquets or  s; and in 1503 persons dwelling outside s are forbidden to &ldquo;use any merchandize,&rdquo; or to sell  or  goods. An of 1633, erroneously called a Ratification of the s of s, extended these s of buying and selling to  as well as , but restricted their enjoyment to s. Accordingly, in 1672, a general declaratory  was passed confirming to the freemen in s the   in , , ,  materials, &c., permitting