Southwark alias "the Borough"
Freedom of the City and Southwark
Lands and Liberties

There has been much misunderstanding of the meaning of the word "borough" and its application to the area known as "Southwark". This is because both of these words refer to the South/ or Surrey-side fortified settlement, a "burgh/ borough", hereabouts, the "Suth-weork" at London Bridge. This indifferent use of either term to describe the area lives on in general and is recognised in that old Southwark’s main thoroughfare is "Borough High Street" and its oldest Tube Station is also "Borough".

The right of under-tenants to a legal status of "having burgage" was usually created by formal charter which left the local administration to the "burgesses" collectively under a Mayor and Council. This never happened in mediaeval Southwark as the charter of 1327 grants local political power to the City. However, from the earliest Parliament including commoners, that of 1295, Southwark had sent two representatives as did all other boroughs and of which there were four in Surrey. Therefore, it was considered a "Parliamentary Borough" to use a much later definition, yet it needs to be remembered just how nominal and abused that status was when the term "rotten Borough" is recalled. Nevertheless, just as The City of London is eponymously "the City" likewise, at least within the metropolis, Southwark is "the Borough".

The 1899 legislation creating modern local authorities in the London County created two Metropolitan Boroughs in this area, those of Southwark and Bermondsey, which divided the Great Liberty between them. Happily, this break to the historic connection between the original parts of the ancient "borough" was mended in 1965 by the joining of these councils, along with distant Camberwell, as the present London Borough of Southwark. If in time this entity is dissolved or merged with neighbours then it will fall back to the three Manors to continue the tradition of being "the Borough" of Southwark.

The relationship and arrangements between Southwark and the City are therefore both ancient and complex. Being a Citizen (burgess or freeman) of the City of London and yet a member of the Southwark Courts Leet can be claimed as our Right and Privilege under the Charter of Edward VI, dated the 23rd April 1550, which states unconditionally that all of the ‘inhabitants’ of the Borough of Southwark are "… henceforth to be in the Order, Government and Correction of the Mayor and Officers of the City of London ... as the citizens and inhabitants of the said City of London are and ought to be …". Most of the Livery Companies organised their trades in Southwark and some made sure in their Charters that the Borough was specifically included as within their authority. Now that the Freedom is open to all, subject to the formalities and qualifications, the peculiar status of Southwark is now only demonstrated through the proposal of a candidate at the View of Frankpledge and the decorous ceremonial of the Quit Rents combining the receipt of the Freedom with Thanksgiving for it which combines and marks the celebration of the Charters.

Confusion has arisen over the term "Liberty" between its ordinary use and in its technical meaning when applied to feudal land tenure. To be in a Liberty, or to escape to a Liberty, did not mean that one was outside of all legal control but rather that one had moved from one jurisdiction into another. Unfortunately, some of these had little effective administration of justice and therefore the miscreants escaped their proper deserts. "Liberty" and "Manor" referred to any area of particular jurisdiction and as such the power to make fines and apply other charges, within that territory. These were the forms of local taxation in those days.

The second use of the word Liberty in this context refers to rights and powers attaching to such land holdings. Just as landed property title was derived from the Crown so too were the "incidents" relating to it and therefore these had to be granted separately hence the additional sum of 500 Marks (Mark = 2/3rds of £1 ie £333 6s 8d). They are franchises, privileges, exemptions or immunities and rights enjoyed by specific prescription. The Liberties listed in the Charters contain some familiar words and others less than so. The City acquired the right to the values of: " ... all goods and chattels (found or disclaimed), waifs and strays (lost goods and animals found), and all treasure found in the town (treasure trove) ... all manner of mainour (stolen goods in a thief’s possession at arrest), goods and chattels of ... traitors, felons, fugitives - outlawed, condemned, convicted ... and deodands (instruments causing manslaughter) ... escheats and forfeitures (fines on properties of the deceased and their heirs) ... (the power of) the assize and assay (the quality control of goods, as well as the inspection of weights and measures, an early form of consumer protection) of bread, wine, beer, and ale, and of all other victuals set to sale ..". The fines on merchants for offering goods of poor quality and short measure were a useful form of income.

Most importantly the charters give all powers of due legal process, criminal and civil, to the City and its Courts and those of first instance are the Courts Leet.

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