The Honorary Freedom of Boroughs Act 1885 ( 48 & 49 Vict. c.29) was an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

that gave the councils of

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. Broadly similar structures existed in S ...

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".

Background

Prior to the reform of town and city government by the

Municipal Corporations Act 1835 The Municipal Corporations Act 1835 (5 & 6 Will 4 c 76), sometimes known as the Municipal Reform Act, was an Act of Parliament, Act of the Parliament of the United Kingdom that reformed local government in the incorporated boroughs of England and ...

, the rank of "

freeman Freeman, free men, or variant, may refer to: * a member of the Third Estate in medieval society (commoners), see estates of the realm * Freeman, an apprentice who has been granted freedom of the company, was a rank within Livery companies * Free ...

" 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 A ship is a large watercraft that travels the world's oceans and other sufficiently deep waterways, carrying cargo or passengers, or in support of specialized missions, such as defense, research, and fishing. Ships are generally distinguished ...

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 Radical may refer to: Politics and ideology Politics * Radical politics, the political intent of fundamental societal change *Radicalism (historical), the Radical Movement that began in late 18th century Britain and spread to continental Europe an ...

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 A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...

, 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.Municipal Corporations Act 1835 c.76 ss.2-3 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 The Municipal Corporations Act 1882 (45 & 46 Vict. c.50) is 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 a ...

, 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.Municipal Corporations Act 1882 c.50 ss. 201 & 202

Campaign by Kingston-upon-Hull

Fifty years after the passing of the 1835 Act,

Kingston upon Hull Kingston upon Hull, usually abbreviated to Hull, is a port city and unitary authority in the East Riding of Yorkshire, England. It lies upon the River Hull at its confluence with the Humber Estuary, inland from the North Sea and south- ...

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 The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...

, 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 A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...

was piloted through the Lords by the Marquess of Ripon, and through the

Commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons c ...

by Charles Norwood, one of

's MPs.

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 is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

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 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 (except the County of London) and Wales. It remained the principal legi ...

, 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 The Local Government Act 1972 (c. 70) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant Acts of Parliament to be passed by the Heath Gov ...

, and awards of honorary freedom are now made under that legislation as amended by the

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 th ...

References

{{UK legislation United Kingdom Acts of Parliament 1885 1885 in law +

Background

Campaign by Kingston-upon-Hull

The Act

Repeal and successor legislation

See also

References