Chapter XXVI: The Growing Power of the Towns

1. Back in early Saxon times we find that the inhabitants of a town were banded together to keep the peace, thus forming a society pledged to each other--the Peace or Frith Guild. It lost nearly all its _real_ power in later Saxon and Norman times. But it did not actually die out, and it appears that from this Frith Guild what we now understand by a =corporation= took its rise. The guild was a great power in some of the Saxon towns; only those belonging to it could trade in the town, and its members were very slow to admit outsiders to share in their privileges.

2. We have seen that the free, or nearly free, =tuns= gradually came under the power of an overlord--the king, a bishop, a baron, or a monastery, as the case might be, and very little real power was left to the guild. The overlord appointed a =reeve= to look after his interests, and the government of the place was in his hands. Yet the old Frith Guild seems to have regulated matters connected with the _customs_ of the town, which did not interfere with the lord's rights.

3. When we reach Norman times we have come to a period during which the towns improved their position. The Norman Conquest led to increased trade with the Continent. The great building operations here attracted skilled workmen and craftsmen to this country. These men naturally found their way to the towns rather than to the villages. They were protected and encouraged by the Norman nobles, who preferred _their_ work to that of the Saxons. Although they might be foreigners, these strangers had ideas of freedom and liberty which fitted in very well with the town's ideas of self-government. Then, too, these craftsmen were bound together in trade societies or guilds, and that made them strong and worthy of consideration in the places where they settled.

4. A =charter= to a town granted and secured to it certain privileges, and a town with a charter became a =borough town=. The king granted a good many charters to towns during the Norman Period. A town which wished a charter had to pay heavily for it. But it was quite worth while for the town to secure the right which a charter gave it--the right to manage its own affairs. What a town most desired was to be free from the authority of the king's officer, to choose its own port-reeve, who could preside over the court of the town, so that the town might not have to appear before the hundred court. By paying an annual rent to the king, however heavy the amount might be, the town hoped to escape from the many extra fees and taxes which the king's officers put upon it. It could then settle its own disputes, raise its own taxes as it needed them, and punish its own evil-doers.

5. In many cases bishops, barons, or religious houses were the overlords of districts containing important towns, and those towns managed to get charters from their overlord as other towns had from the king. By so doing they could get out of the power of the sheriff or shire-reeve. Charter or borough towns have most of them been very particular to preserve their rights and privileges.

6. If you live in a small country borough town, or city, you will notice that two different benches of =magistrates= sit in the town-hall to hear police cases; and there are two different =courts of justice=, though held often in the same room. There are first of all the =Borough Sessions=, at which the =mayor= of the borough presides, and which deal with cases arising in the borough, whether trifling or serious. Then, on another fixed day in the week, in the very same building, another body or bench of magistrates sits. These gentlemen usually come in from country places outside the town, and the cases brought before them have to do with the mischief done in the villages and country parishes. These magistrates have nothing at all to do with offences committed within the borough. These are the =county magistrates=, and their court is called the Petty Sessions, or the =County Sessions=.

7. Some offences are too grave for the borough or county magistrates to settle, and they have to be tried by a higher court of justice, which has greater powers than the Court of Petty Sessions, the Court of =Quarter Sessions=. The bench of this court is made up of magistrates drawn from all parts of the county, and a jury of twelve men, householders, from different parts of the county, has to be sworn to hear the evidence in the cases to be tried. The jury decides whether the man is proved to be guilty or not, when they have heard all that can be urged for and against him, and the magistrates decide what his punishment is to be, according to law.

8. There are some cases too grave or too complicated for the Court of Quarter Sessions to decide, and these have to stand over to the =Assizes=. These Assizes are held three times a year in the county town of each county, and every prisoner in the county jail must be accounted for. The court is presided over by one or more of the =king's judges=. These are trained lawyers, and they attend in the king's place, and are treated with much pomp and ceremony.

=Summary.=--The Frith or Peace Guild in Norman times had lost
most of its power in the towns, but it did not die out. Our
_corporations_ have sprung from these. Towns were always trying to
get out of the power of the overlords' reeve or the shire-reeve,
and gradually many of them got the right of appointing their own
reeve. That right was granted by _charter_, usually from the
king. That is the beginning of our present _borough towns_. The
mayor in them is the chief magistrate. In many country towns two
different courts are often held in the same building: the _Borough
Sessions_, at which the mayor presides, deal with offences done
in the town; and _County Sessions_, at which magistrates from the
country district round deal with offences outside the borough.
_Quarter Sessions_ deal with graver matters four times in the
year, and about three times a year one or more of the king's
judges comes to the county town, and _Assizes_ are held for graver
matters still.