Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
[Sidenote: The borough as a hundred.]
From this compact and composite character of the borough came several
important results. We have seen that the hundred was the smallest area
for the administration of justice. The township was in many respects
self-governing, but it did not have its court, any more than the New
England township of the present day has its court. The lowest court
was that of the hundred, but as the borough was equivalent to a
hundred it soon came to have its own court. And although much
obscurity still surrounds the early history of municipal government in
England, it is probable that this court was a representative board,
like any other hundred court, and that the relation of the borough to
its constituent townships resembled the relation of the modern city to
its constituent wards.
[Sidenote: The borough as a county.]
But now as certain boroughs grew larger and annexed outlying
townships, or acquired adjacent territory which presently became
covered with streets and houses, their constitution became still more
complex. The borough came to embrace several closely packed hundreds,
and thus became analogous to a shire. In this way it gained for itself
a sheriff and the equivalent of a county court. For example, under the
charter granted by Henry I. in 1101, London was expressly recognized
as a county by itself. Its burgesses could elect their own chief
magistrate, who was called the port-reeve, inasmuch as London is a
seaport; in some other towns he was called the borough-reeve. He was
at once the chief executive officer and the chief judge. The burgesses
could also elect their sheriff, although in all rural counties Henry's
father, William the Conqueror, had lately deprived the people of
this privilege and appointed the sheriffs himself. London had its
representative board, or council, which was the equivalent of a county
court. Each ward, moreover, had its own representative board, which
was the equivalent of a hundred court. Within the wards, or hundreds,
the burgesses were grouped together in township, parish, or manor....
Into the civic organization of London, to whose special privileges
all lesser cities were ever striving to attain, the elements of local
administration embodied in the township, the hundred, and the shire
thus entered as component parts.[5] Constitutionally, therefore,
London was a little world in itself, and in a less degree the same was
true of other cities and boroughs which afterwards obtained the same
kind of organization, as for example, York and Newcastle, Lincoln and
Norwich, Southampton and Bristol.
[Footnote 5: Hannis Taylor, _Origin and Growth of the English
Constitution_, vol. i. p. 458.]
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