Terminology

Freemen Terminology

A question was raised at the Open Forum at the 2012 AGM as to what was the difference between a Freeman and a Burgess. A discussion followed, and various opinions put forward – all perfectly legitimate, but for posterity Alan Shelley, Officer without Portfolio, has offered us this paper.

Thereafter follows a Glossary of Terms used in connection with the freedom for easy reference. This will be added to from time to time as found to be necessary.

We are, once again, indebted to Alan for his contribution.

Burgess or Freeman

Is there a difference?

Some confusion arises out of the use of these two expressions. The terms can be considered as synonymous. Historically a burgess dates back from Saxon times when its meaning referred to a citizen (burgher) free of the borough. In later years he/she may be simply referred to as a freeman.

A burgess was the term given to a recognised citizen usually living in a burgage (tenements normally each of a similar size and facing onto a street). The properties were copyhold and for which the burgess paid his dues and did certain duties. As a citizen he would have given his oath to support the borough and its officers and in return he was a privileged member of the community, enjoying the protection and freedom to work and trade within the town. Hence we will often see the term ‘free-burgess’.

As the years have gone by and populations have increased the tight-knit burgage system has given way to freemen becoming property holders or as tenants outside of the burgages but remaining within the overall town boundaries. Hence, the broader term of ‘freeman’ has become more applicable.

Of course, ‘freeman’ has a wider application, in as much that it may also refer to members made ‘free’ of independent gilds formed within the borough. Such membership is of little value without the freedom of the borough. This is the principal feature. A borough freeman would normally be required to gain membership (freedom) of a trade or craft gild and to whose company an additional oath would have been given. Normally in the past, an apprentice would be entered into a gild register, and on completion (and maturity) the individual would be eligible from the gild to be admitted (after taking the oath) to borough freedom.*

Freedom of London is now, following the amendments resulting from the 1835 Municipal Corporations Act, the only place where it is possible to purchase borough freedom. Freemen take an oath to support the officers of the City and for which they are recognised as citizens.
Liverymen, as citizens, take an oath to support their worshipful company and thereby are privileged with the powers to vote for the Lord Mayor and the Sheriffs.

Other than the freedom of the boroughs and the trade and craft companies there are associations such as the ‘free-miners’, freemasons etc. These emanate from fraternal and local customs with social and religious origins.

In Conclusion: if an admission to freedom has been conducted under oath and by a proper borough authority, an individual entitled a freeman or a free burgess should be considered technically in terms as being one and the same. It may be necessary to say that any other term, such as ‘associate freeman’ is irrelevant and has no recognition.

Alan Shelley, Officer Without Portfolio, 4th October 2012

For a complete explanation and history of Freedom, please refer to my papers on the FEW Website –
No. 17) ‘Freedom and Privilege’ and No. 18) ‘The Gilds and the Craft Companies’ at www.freemen-few.org.uk

* Procedures between gilds and towns may vary, but the principal subject is that of Borough Freedom.

Freeman by Any Other Name (Liberi homines)

GLOSSARY of terms associated with Freemen

Freedom (or privilege) is the subject of rights enjoyed by entitlement based upon old precedents, liberties and customs. The word ‘freeman’ was not used before the fourteenth century.
 
Alderman              Senior freeman, town magistrate, warden of a gild
 
Bailiff                   In late Middle Ages sometimes chief officer of a town (junior officer of Sheriff)
 
Burgess                 Free citizen of the borough/ burgher or MP in Parliament
 
Burghmote            Synonymous with common council
 
Chamberlain         Principal financial officer of town; alternatively called steward
 
Chapman              Trader or dealer in various commodities
 
Common Council   The main consultative and legislation body of a town, elected by the freemen
 
Commoning           Freedom over land with common rights
 
Cordwainer           Master craftsman dressing leather after it has been tanned
 
Corviser                Master Shoemaker
 
Court Baron          Manorial court attended by tenants of a manor with jurisdiction in civil actions
 
Court Leet            Manorial court with some criminal jurisdiction. Most importance in towns without charters of incorporation
 
Engrosser              Someone who buys up a commodity before it is brought to market – a Forestaller or Regrator
 
Fee farm               Perpetual rent to the Crown or its assigns, usually associated with royal grant of borough status
 
Freeman               Admitted to freedom of a town and able to exercise political and trading rights
 
Gildsman              Master of craft and trade – derived from the 12th century origins from religious fraternities
 
Gild Merchant       Nominally a company of merchants; but in towns before corporation it functioned as a quasi-corporation in control of the town
 
Incorporation        A royal grant to a borough granting it continuous corporate existence in law
 
Jurat                    A sworn in jury member/officer of a Court Leet.
 
Liveryman            Gildsman linked to crafts and trades and includes Gild of Watermen and Lightermen and a Fraternity of Parish Clerks
 
Mayor                  Principal of a town; sometimes head of a craft company
 
Mystery                A craft company
 
Pasture master      Freeman appointed to manage common pasture
 
Pentice court        Held for the admittance of new freemen. May also deal with matters concerning debt or trespass and if not resolved such cases were dealt with by a Passage court
 
Piepowder Court    Town court with summary jurisdiction over market and trading cases
 
Port                      Old English term for a town or harbour (Portman = townsman)
 
Portmote               In some towns synonymous with common council; elsewhere the local court of civil actions
 
Portreeve               Mayor
 
Raffman               Dealer in foreign timber
 
Recorder               Principal legal officer in a town, often a barrister
 
Reeve                   A foreman and a minor legal officer
 
Scot and lot           Local town taxes
 
Sheriff                 Originally the king’s principal agent in a shire; also an officer of a borough with county status; by the 16th century mainly exercising routine legal or judicious duties. Presiding officer at elections to Parliament
 
Steward               Judicial, or more often financial officer of a town, generally a senior magistrate
 
Wardmote            A meeting or court of a city ward usually held by an alderman
 
Wool chapman     Dealer in wool
 
NOTES:
 
Free Miner          Born in the hundred of St Briavels in the Forest of Dean, Gloucestershire, with rights secured under the Dean Forest Mines Act of 1838.
 
Free Warrener    Holding a franchise from the Crown, with rights under Forest Law.
 
At Haverfordwest – Freemen’s rights are secured by the Portfield Enclosure and Allotment Act of 1838.
 
At Godmanchester/Huntingdon there are Grasshirers, a Pinder concerned with stray animals, and a
                        Hayward in charge of fences and enclosures.
 
At Newcastle upon Tyne there are Hostmen who acted as middlemen with the supplies of coal. It is a group within the Company of Merchant Adventurers of Newcastle. The Hostmen controlled the ‘keels’ (keelmen) the large boats transporting the coal.
 
Franklin         Reference has been made to a social class of ‘freeholder’ in the Middle Ages who was free of duties to any lord or master – possibly ‘freeborn’ (francus or Frank being a reference to a freeman. NB This term is unlikely to be applied to a borough freeman or to a free burgess.
 
Alan Shelley, Officer Without Portfolio, 8th October 2012