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INSTITUTIONS OF LOCAL GOVERNMENT
URL: http://www.spatialgovernance.com/governance/government/610-2D.htm
© John S. Cook - Created on 11 May 1997
Last modified
05/04/11 11:01
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ENGLISH ORIGINS OF LOCAL GOVERNMENT |
Anglo-Saxon
Origins of Shires
Many existing institutions of local government have origins
in Anglo-Saxon England. These institutions remained relatively
intact or underwent comparatively few adaptations despite the
Norman Conquest of 1066. The basic territorial unit associated
with local government was the 'shire' - also called a 'county'
after the Norman Conquest. The 'hundred' was a division of a
shire, supposedly containing around 100 'hides' or living
areas. Towns or boroughs formed part of one or more hundreds.
A link between central and local government was a king's
official or 'reeve' known as the 'shire reeve' or 'sheriff'.Cities and Towns as Corporations
Towns or boroughs of sufficient size could also sustain
their own local government, more or less equivalent to a
shire. In medieval times, the usual method of establishing a
town as a governing entity was by a Royal Charter. Among the
earliest was the Corporation of the City of London. In many
respects, the Charter for a city or town resembled the later
charters given to private organisations to form trading
ventures and colonies in various parts of the world.
Functions of Local Government
A major function of shires, hundreds and manors was
administration of justice in local areas according to local
customs. Local customs varied between the shires, hundreds
and manors and depended for its application in courts with
local knowledge. This contrasted with the common law which
was common to all local jurisdictions. This required action
by the king as an overlord of the whole country. This
occurred through a system of courts under the king's
jurisdiction that allowed appeals from lower courts; and
providing for judges to travel on circuit to hear cases
throughout the realm.
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Secular and Ecclesiastical Functions
The medieval Christian Church, through its system of
monasteries, abbeys and churches, performed a number of
functions that would be thought of nowadays as
social welfare. The Church saw as its Christian duty the
promotion of things such as:
 | education that included the moral
teachings of the church |
| care for sick and frail members of
society |
| orphanages and care of children |
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alms for the poor |
A major confiscation of ecclesiastical
lands followed the breach between the Church in Rome and Henry
VIII in England. Administration of new statutes, described
as 'poor laws', greatly increased the role of parishes as
national rather than merely ecclesiastical institutions that
administered relief to the poor. Much of the local
administration at the level of the parish occurred under the
superintendence of unpaid justices of the peace.
Counties, Parishes and Hundreds in
Australia
Directions to colonial governors required division of the
colonies into counties and parishes. Some colonies also used
the hundred as a territorial division. These divisions
satisfied some purposes in alienation and administration of
Crown lands. However, sparse settlement and a highly mobile
workforce made the counties and parishes
unsuited as areas for local government. Accordingly, many of
the functions of local government - such as police,
education and poor relief - became the province of colonial
governments; which became state governments after Australia's
federation in 1901.
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FEUDAL
LOCAL GOVERNMENT BASED ON RURAL LAND TENURES |
Introduction
In situations where land was the source of most production, it also
became an important source of government revenue. In Anglo-Saxon
England, the hide was
a fundamental unit of land area used for assessing taxes and military
obligation. The
hide was usually
regarded as a living area whose actual size varied according to the
fertility or carrying capacity of the land. However, it is generally
thought of as being approximately equal to 120 acres or 48 hectares.
Seemingly, the early Christian Church adopted ideas about
tithing which had its origins in ancient laws of Israel. Thus, resources
for the Church's work
the other fundamental institution necessary for an
understanding
person's rank in society. The highest rank was
accorded to the sovereign
the organising into tithings and hundreds the
raising of revenue for the work of the Christian Church.
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Ranks in Society
The feudal system developed in England and Europe as an institution
that was partly economic and partly political in character. Its economic
basis was in agriculture, but this involved sufficient specialisation to
support a need for markets in villages and towns.
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TERRITORIAL DIVISION |
RANKS IN FEUDAL SOCIETY |
| DUCHY - a territory ruled
over by a Duke |
The term 'Duke' was given to
noblemen of the highest rank.
In England, the title of duke has generally been reserved for members of
the Royal family. Historically, it was William as Duke of Normandy who
became King of England |
| MARCHES - derived from the
Germanic 'marko' meaning boundary and referring to territories along
borders with Scotland and Wales in in peripheral areas such as Cornwall |
The requirement to maintain
law and order in wilder and more remote areas of the realm required
appointment of a lord who was more especially trusted by the sovereign.
The lord was given a rank of
marquesss - a
rank higher than an Earl but less than a Duke. |
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SHIRES (Anglo-Saxon) known also as
COUNTIES after the Norman Conquest |
The
Lord who spoke for a County had the rank of
Earl (equivalent to a
Count in other parts of Europe) with a
Viscount as an assistant or
deputy. The Earl presided over the County Court to settle disputes
originating in the County, and was responsible for raising territorial
militia as required. The
shire reeve or sheriff was the monarch’s principal officer in the
shires with responsibility for collecting taxes and maintaining law
and order in the County. |
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HUNDREDS (Anglo-Saxon - usually 100 individual
holdings or hides) |
A Lord who spoke for a Hundred in communication with the
County generally had the rank of Baron. The Hundred Court settled
disputes originating in the Hundred, assisted by a local bailiff and
constabulary. |
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TITHINGS
(Anglo-Saxon) - Usually 10 individual holdings |
A tithingman was the leader
of a tithing comprising ten holdings. The tithingman was responsible for
a number of local duties - the raising of a local constabulary and
repairs to roads and highways. |
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INDIVIDUAL HOLDINGS - FREE TENURES |
Free tenures that originated in a grant of land
of land from the Crown followed by subsequent dispositions were free
of feudal obligations to anyone other than the Crown. The living area of a
commoner or peasant was |
MANORS - FREE AND
VILLEINAGE TENURES
A class of individual holdings that comprised lands
originally allocated to:
| LORDS’
DEMESNE |
| TENURED
LANDS |
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VILLEINAGE
TENURE |
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Manors came into existence
following the Norman Conquest of 1066. The Lord's demesne comprised the
land and buildings where the Lord himself resided. When a Lord granted land under a system of sub-infeudation
that created new incidents of tenure, the new tenants held land
according to. By the statute known as
Quia Emptores 1290, sub-infeudation
was barred and the new tenant held the land under the same incidents
of tenure that the Lord himself owed to the king. This had the effect
of reducing the variety and complexity of land tenure.
Villeinage began as unfree tenure where farm labourers occupied land
but worked whenever directed at whatever tasks they were set. Over
time they developed into copyhold, with transfers of ownership
registered in manorial rolls in systems resembling modern registration
of title. After some voluntary conversion of copyhold to freehold, the
UK converted remaining copyholds into actual freehold by a Law of
Property Act 1922 (UK) that began in 1926. |
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MEDIEVAL
ECCLESIASTICAL DIVISIONS |
Introduction
Ecclesiastical tenures were grants from the king in exchange for
services provided by the Church. |
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BOROUGHS
AND TOWNS |
| concentrations of population tend
to evolve where agriculture allows production that is surplus to
the requirements of food producers. This provides a potential
for exchange of surplus food for other goods and the impetus for
formation of market towns. A predominantly local trade was
sufficient to support some towns but international trading also
occurred with activities centred on ports that could provide
safe anchorage for sea-going vessels.
defence and fortification
other areas of concentration could occur
through the church and agencies of government
such as tools usd in agricultureThis tends to
produce thsi allows and urban conglomerations are
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ADAPTATION OF LOCAL GOVERNMENT TO AUSTRALIAN
CONDITIONS |
The British Parliament was probably more concerned with
maintenance of law and order in New South Wales than
providing the kinds of services now associated with local
government.
The City of Sydney
Incorporation Act 1842 was an Imperial Act of the British
Parliament that firmly established a basis for local
government in Australian colonies. Imperial legislation extends local government to other areas.
The
Municipalities Act 1858 (NSW) provided for formation
of boroughs and municipal districts
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