Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
TITHINGS, towns, or vills, are of the same signification in law; and
had, each of them, originally a church and celebration of divine
service, sacraments, and burials; which to have, or have had, separate
to itself, is the essential distinction of a town, according to sir
Edward Coke[t]. The word _town_ or _vill_ is indeed, by the alteration
of times and language, now become a generical term, comprehending
under it the several species of cities, boroughs, and common towns. A
city is a town incorporated, which is or hath been the see of a
bishop; and though the bishoprick be dissolved, as at Westminster, yet
still it remaineth a city[u]. A borough is now understood to be a
town, either corporate or not, that sendeth burgesses to
parliament[w]. Other towns there are, to the number sir Edward Coke
says[x] of 8803, which are neither cities nor boroughs; some of which
have the privileges of markets, and others not; but both are equally
towns in law. To several of these towns there are small appendages
belonging, called hamlets; which are taken notice of in the statute of
Exeter[y], which makes frequent mention of entire vills, demi-vills,
and hamlets. Entire vills sir Henry Spelman[z] conjectures to have
consisted of ten freemen, or frank-pledges, demi-vills of five, and
hamlets of less than five. These little collections of houses are
sometimes under the same administration as the town itself, sometimes
governed by separate officers; in which last case it is, to some
purposes in law, looked upon as a distinct township. These towns, as
was before hinted, contained each originally but one parish, and one
tithing; though many of them now, by the encrease of inhabitants, are
divided into several parishes and tithings: and sometimes, where there
is but one parish there are two or more vills or tithings.
[Footnote t: 1 Inst. 115 _b._]
[Footnote u: Co. Litt. 109 _b._]
[Footnote w: Litt. Sec. 164.]
[Footnote x: 1 Inst. 116.]
[Footnote y: 14 Edw. I.]
[Footnote z: Gloss. 274.]
AS ten families of freeholders made up a town or tithing, so ten
tithings composed a superior division, called a hundred, as consisting
of ten times ten families. The hundred is governed by an high
constable or bailiff, and formerly there was regularly held in it the
hundred court for the trial of causes, though now fallen into disuse.
In some of the more northern counties these hundreds are called
wapentakes[a].
[Footnote a: Seld. _in Fortesc._ _c._ 24.]
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