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CH. X.]

SELF-GOVERNMENT IN BOROUGHS.

571

returned to parliament, for the most part, those patriots by whom the battle of the constitution was fought. Charles II. made an attempt to get the boroughs, returning members to parliament, under the influence of the crown, by an attack upon their ancient charters, and by forcing or persuading the burgesses to accept new charters, but he did not disturb their municipal authority. That has now been regulated and brought under one system by the act to provide for the regulation of the municipal corporations in England and Wales. It vests in the inhabitant householders rated to the relief of the poor, the election of burgesses, from whom the mayor and aldermen are elected. The mayor becomes a justice of the peace, and returning officer of the borough at elections of members of parliament, and the mayor, aldermen, and burgesses are the council of the borough, in whom, or a majority in case of division, all authority is vested. They are empowered to make rates on the inhabitants for watching, lighting, and paving the borough, to appoint constables, to make bye-laws, and in general to regulate the municipal affairs of the borough; and all without the control or supervision (except in the disposal of their property) other central authority than the courts of law and

of equity.

any

The affairs of the counties are, in like manner, entrusted to the management of their principal inhabitants. The magistrates appointed by the crown, through the medium of the lord-lieutenant and consisting of the principal landowners of the county, regulate the county affairs by a system of self-government. Assembled in their court of quarter sessions they have jurisdiction to try small felonies, and to decide appeals from the several parishes of the county, in regard to rates and assessments for the relief of and the settlement of the poor. They regulate, in sessions, or at county boards, the construction and repair of bridges, public roads, shire-halls, prisons, and lunatic asylums; and they superintend the apprehension, conveyance, and prosecution of cri1 5 & 6 Wm. IV., cap. 76 ; A.D. 1835.

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minals, the expenses of witnesses, and of the county police. For these in quarter-sessions they make county rates on the freeholders. These important duties are discharged by persons resident within the counties, and who are necessarily the most considerable contributors to the rates; and over whose acts there is no other central control than the courts of law and equity, when cases arise in which the legality of their acts is questioned.

The several parishes of the kingdom exercise self-government in parochial affairs, by the election, from the inhabitants, of churchwardens and overseers who administer the laws, for the relief of the poor; and of Boards of parishioners, who discharge the various duties of the acts for the repair of the highways, and the sewers, and for the preservation of health. The magnitude of the funds raised and distributed for the relief of the poor, throughout the kingdom, and the effect of their distribution on the public prosperity, made it necessary to adopt a uniform system of management and relief; and therefore the functions of the parochial boards for relief of the poor are exercised under the superintendence of a supreme poor-law board, appointed by the crown, but responsible to parliament. Its president is usually in the cabinet, and a member of the house of commons. There is also a supreme Board of Health, but with these exceptions :-the administration of the local affairs, of each division and subdivision of the kingdom, is vested in its inhabitants, with an authority controlled only by the law and the courts of justice.

Such is the English Constitution, and such the liberties it confers,-liberties which dignify the lives of Englishmen, by the consciousness that they are Freemen. It admits the people to participate in the supreme power, and it opens the highest offices and honours of the State to the lowliest

CH. X.]

CONCLUSION.

573

born. Through its institutions, public opinion has free expression and controlling influence, the laws are justly and impartially administered,―legislation rises and expands with the advance of knowledge, and proposes as its true end, the happiness of the people. May these blessings be zealously guarded and long preserved by Englishmen ; and when called upon to alter and adapt the Constitution to the exigencies of advancing civilization, may they be restrained to moderation and prudence, by reverence for institutions won by the fortitude and moulded by the generous spirit and sagacity of our ancestors, and under which England has become prosperous, happy, and free!

ERRATA.

Page 167, note 1, for Edward IV. read Edward VI.

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182, line 4, insert spiritual and before temporal. 424, line 9, for monarch read monarchy.

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426, note 1, for 1848 read 1858.

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INDEX.

Accounts national, annual and
quarterly publication, 496.
Administration of justice, courts
for, 109, 113.

Aids, when claimable, 28, 82.
Allegiance, oaths of, 444.
Allodial lands, what, 24.
Anglo-Saxons, their origin, 9, 13;
cyning or king, 12; Wittena-
Gemote, 12; eorls, ceorls, and
theowes, 13; Were-geld, 14;
ecclesiastical institutions, 15;
territorial divisions, 16; courts,
17; laws, 19; their institutions
aristocratic, 20.
Apology of the Commons, temp.
James I., declaring constitu-
tional rights, 237.
Appeal, courts of, in law and
equity, 113, 456; in criminal
cases, 542.
Appropriation Act, described, 493.
Aristocracy, its defects as a system

of government, 2; its admission
into the constitution, 4; repre-
sented by House of Lords, 107,
457.

Arms, right to bear, 431.

Army, standing, contrary to the
constitution, 201; proposed by
James II., 417; recital against,
in Mutiny Acts, 497.
Articuli super Chartas, 66.
Articuli Cleri, 140.

Attaint of juries abolished, 534,

note.

Augmentations, Court of, 190.

Aula Regis, as a Court of Justice,
33, 110; superseded by King's
Bench, 111.

Axioms, constitutional, of Magna
Charta, 58.

Bail, when allowed, 541.
Bankrupt law, first passed, 195.
Baronets, created, 244.
Baroniam, tenure per, 26.
Barons, their origin, 26; majores
et minores, 72; summoned to
Parliament by writs, 75; created
by letters - patent, 100. See
Peers.

Bates's case, protest of Commons
against impositions, 240.
Benevolences, described, and sta-
tute concerning, 136; granted
to Henry VII., 161; resorted
to by Henry VIII., 169.
Bill of Rights, 423, 429.
Billeting of soldiers, evils of, de-
scribed, temp. Car. I., 279; act
concerning, 411.

Bills in Parliament, origin of, 107.
Bishops, how elected by Constitu-
tions of Clarendon, 41; after
King John's submission to the
Pope, 139; mode of election
by statute of Henry VIII., 180;
new bishoprics created by him,
192; Bills to remove bishops
from Parliament, 355; Act de-
priving them of all temporal
authority, 356; restored, 381;
trial of the seven bishops, 420.

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