Honorary Freedom of Boroughs Act 1885
Encyclopedia
The Honorary Freedom of Boroughs Act 1885 (48 & 49 Vict. c.29) was an Act
of the Parliament of the United Kingdom
that gave the councils of municipal borough
s in England and Wales the power to award the title of honorary freeman
to "persons of distinction and any persons who have rendered emininent services to the borough".
, the rank of "freeman
" existed in all boroughs. Freemen enjoyed exemption from tolls and other special privileges, and in most cases were the only persons eligible to vote at parliamentary elections. Depending on the borough's charter of incorporation
, freedom could be inherited by sons, daughters or widows, or by ship to an existing freeman. Corporations also had the right to designate persons otherwise unqualified as freemen, and the purchase of freedom was also widespread.
The Radical
authors of the original municipal reform bill had intended to entirely abolish the office of freeman. However, following a bitter parliamentary campaign where opposition came from both Whigs and Tories
, those who held the rank of freeman on 5 June 1835, and their heirs and successors, continued to enjoy "the same Share and Benefit of the Lands, Tenements, and Hereditaments, and of the Rents and Profits thereof, and of the Common Lands and Public Stock" of the borough. However, the Act expressly forbid the extension of freedom beyond this group of people, providing that "no Person shall be elected, made, or admitted a Burgess or Freeman of any Borough by Gift or Purchase". The Municipal Corporations Act 1882
, which replaced the 1835 legislation, continued to reserve the "rights and interests" of existing freemen, and again banned the admission of persons to the freedom of the borough by purchase or gift.
Town Council wished to have the power to grant the honorary freedom of the borough. Accordingly they made steps to add a clause to a private parliamentary bill for the purpose. The council was supported by the Marquess of Ripon
, who held the ceremonial office of High Steward
of Kingston upon Hull. When he attempted to promote the clause in the House of Lords, this was opposed by Lord Redesdale
, Chairman of Committees, who felt that the measure should be extended to all boroughs. Accordingly a private member's bill
was piloted through the Lords by the Marquess of Ripon, and through the Commons by Charles Norwood
, one of Hull's MP
s.
The Act further explained that the honorary freedom did not give the recipient the right to vote in parliamentary or other elections for the borough, or to enjoy any of the rights and interests of existing freemen.
The Act received the royal assent
on 22 July 1885, and Kingston-upon-Hull Town Council moved quickly to use the new legislation to honour their High Steward. At a special meeting of the council held on 29 July, the Marquess of Ripon became the first honorary freeman of Hull, and the first recipient of the honour under the 1885 Act.
, which repealed and consolidated all local government legislation in England and Wales. Section 259 of the 1933 Act continued the powers of borough corporations to appoint honorary freemen. The 1933 Act was itself repealed by the Local Government Act 1972
, and awards of honorary freedom are now made under that legislation as amended by the Local Democracy, Economic Development and Construction Act 2009
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that gave the councils of municipal borough
Municipal borough
Municipal boroughs were a type of local government district which existed in England and Wales between 1835 and 1974, in Northern Ireland from 1840 to 1973 and in the Republic of Ireland from 1840 to 2002...
s in England and Wales the power to award the title of honorary freeman
Freedom of the City
Freedom of the City is an honour bestowed by some municipalities in Australia, Canada, Ireland, France, Italy, New Zealand, South Africa, Spain, the United Kingdom, Gibraltar and Rhodesia to esteemed members of its community and to organisations to be honoured, often for service to the community;...
to "persons of distinction and any persons who have rendered emininent services to the borough".
Background
Prior to the reform of town and city government by the Municipal Corporations Act 1835Municipal Corporations Act 1835
The Municipal Corporations Act 1835 – sometimes known as the Municipal Reform Act, was an Act of the Parliament of the United Kingdom that reformed local government in the incorporated boroughs of England and Wales...
, the rank of "freeman
Freeman
- Things :* An individual not tied to land under medieval serfdom, unlike a villein or serf* A person who has been awarded Freedom of the City or "Freedom of the Company" in a Livery Company* Freeman * Freeman...
" existed in all boroughs. Freemen enjoyed exemption from tolls and other special privileges, and in most cases were the only persons eligible to vote at parliamentary elections. Depending on the borough's charter of incorporation
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
, freedom could be inherited by sons, daughters or widows, or by ship to an existing freeman. Corporations also had the right to designate persons otherwise unqualified as freemen, and the purchase of freedom was also widespread.
The Radical
Radicals (UK)
The Radicals were a parliamentary political grouping in the United Kingdom in the early to mid 19th century, who drew on earlier ideas of radicalism and helped to transform the Whigs into the Liberal Party.-Background:...
authors of the original municipal reform bill had intended to entirely abolish the office of freeman. However, following a bitter parliamentary campaign where opposition came from both Whigs and Tories
Tory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...
, those who held the rank of freeman on 5 June 1835, and their heirs and successors, continued to enjoy "the same Share and Benefit of the Lands, Tenements, and Hereditaments, and of the Rents and Profits thereof, and of the Common Lands and Public Stock" of the borough. However, the Act expressly forbid the extension of freedom beyond this group of people, providing that "no Person shall be elected, made, or admitted a Burgess or Freeman of any Borough by Gift or Purchase". The Municipal Corporations Act 1882
Municipal Corporations Act 1882
The Municipal Corporations Act 1882 was an Act of the Parliament of the United Kingdom. It replaced existing legislation governing municipal boroughs in England and Wales, and gave the corporations powers to make byelaws and to acquire land and buildings. Municipal boroughs continued to be...
, which replaced the 1835 legislation, continued to reserve the "rights and interests" of existing freemen, and again banned the admission of persons to the freedom of the borough by purchase or gift.
Campaign by Kingston-upon-Hull
Fifty years after the passing of the 1835 Act, Kingston upon HullKingston upon Hull
Kingston upon Hull , usually referred to as Hull, is a city and unitary authority area in the ceremonial county of the East Riding of Yorkshire, England. It stands on the River Hull at its junction with the Humber estuary, 25 miles inland from the North Sea. Hull has a resident population of...
Town Council wished to have the power to grant the honorary freedom of the borough. Accordingly they made steps to add a clause to a private parliamentary bill for the purpose. The council was supported by the Marquess of Ripon
George Robinson, 1st Marquess of Ripon
George Frederick Samuel Robinson, 1st Marquess of Ripon KG, GCSI, CIE, PC , known as Viscount Goderich from 1833 to 1859 and as the Earl de Grey and Ripon from 1859 to 1871, was a British politician who served in every Liberal cabinet from 1861 until his death forty-eight years later.-Background...
, who held the ceremonial office of High Steward
High steward (civic)
High steward is an honorary title bestowed by the councils or charter trustees of certain towns and cities in England. Originally a judicial office with considerable local powers, by the 17th century it had declined to a largely ceremonial role. The title is usually awarded for life, and in some...
of Kingston upon Hull. When he attempted to promote the clause in the House of Lords, this was opposed by Lord Redesdale
John Freeman-Mitford, 1st Earl of Redesdale
John Thomas Freeman-Mitford, 1st Earl of Redesdale, 2nd Baron Redesdale , was the only son and heir of John Freeman-Mitford, 1st Baron Redesdale....
, Chairman of Committees, who felt that the measure should be extended to all boroughs. Accordingly a private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
was piloted through the Lords by the Marquess of Ripon, and through the Commons by Charles Norwood
Charles Morgan Norwood
Charles Morgan Norwood was an English steam ship owner and Liberal Party politician who sat in the House of Commons from 1865 to 1885....
, one of Hull's MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
s.
The Act
The Act was a short one, consisting of only three sections. Section 1 provided that:..the council of every borough may from time to time, by the authority of not less than two-thirds of their number present and voting at a meeting of the council specially called for the purpose with notice of the object, admit to be honorary freeman of the borough persons of distinction and any persons who have rendered eminent services to the borough...
The Act further explained that the honorary freedom did not give the recipient the right to vote in parliamentary or other elections for the borough, or to enjoy any of the rights and interests of existing freemen.
The Act received the royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 22 July 1885, and Kingston-upon-Hull Town Council moved quickly to use the new legislation to honour their High Steward. At a special meeting of the council held on 29 July, the Marquess of Ripon became the first honorary freeman of Hull, and the first recipient of the honour under the 1885 Act.
Repeal and successor legislation
The Act continued in force until the enactment of the Local Government Act 1933Local Government Act 1933
The Local Government Act 1933 was an Act of the Parliament of the United Kingdom that consolidated and revised existing legislation that regulated local government in England and Wales...
, which repealed and consolidated all local government legislation in England and Wales. Section 259 of the 1933 Act continued the powers of borough corporations to appoint honorary freemen. The 1933 Act was itself repealed by the Local Government Act 1972
Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
, and awards of honorary freedom are now made under that legislation as amended by the Local Democracy, Economic Development and Construction Act 2009
Local Democracy, Economic Development and Construction Act 2009
The Local Democracy, Economic Development and Construction Act 2009 is an Act of the Parliament of the United Kingdom.The legislation places a duty on local authorities to promote understanding of the functions and democratic arrangements of the authority among local people...
.
See also
- Honorary Freedom of the City of BirminghamHonorary Freedom of the City of BirminghamHonorary Freemen of the City of BirminghamThe City of Birmingham, England has granted Honorary Freedom to individuals and military organisations since 1888. Designation as a Freeman of the City is an honorary title and, subject to a two thirds majority of the Council, is granted to persons of...
- List of Freemen of the City of Liverpool