MUNICIPALITY, MUNICIPAL CORPORATION (from Lat, municeps, from munus and capio, one who enjoys the rights of a free citizen), a town or city possessed of certain privileges of local self-government; the governing body in such a town. Municipal institutions originated in the times of the Roman empire. The provincial towns of Italy, which were from the first Roman colonies, as also those which, after having an inde pendent existence, became members of the Roman state, though subjected to the ride of an imperial governor, were allowed to enjoy the right of regulating their internal affairs. A class of the inhabitants called the curia, or decuriones, elected two officers called duanmviri, whose functions were supposed to be analogous to those of the consuls of the imperial city, and who exercised a limited jurisdiction, civil and criminal. There was an important functionary in every municipality called the defensor civitatis, or advocate for city, the protector of the citizens against arbitrary acts on the part of the imperial governor. In the later ages of the empire, the decuriones were subject to heavy burdens; not compensated by the honor of the position, which led many to endeavor to shun the &lice. The municipal system declined with the decline of the empire, yet it retained vitality enough to be afterwards resuscitated in union with feudalism, and with the Saxon insti tutions of Britain. Some cities of Italy, France, and Germany have indeed derived their present magistracy by direct succession from the days of imperial Rome, as is notably the case with Cologne. The bishop, being a shield between the conquerors and the con quered, in many cases discharged the duties or obtained the functions of the defensor civitutis. To the north of the Alps, under the feudal system, lie became officially the civil governor of the city, as the count was of the rural district. In southern Europe, where feudalism was less vigorous, the municipalities retained a large share of freedom and self-government.
Of the cities of the middle ages, some were entirely free; they had, like the provincial towns of Italy before the extension of the Roman conquests, a constitution independent of any other powers. Venice, Genoa, Florence, Hamburg, and Lubeck all stood in this position. Next in dignity were the free imperial cities in Germany, which, not being comprehended in the dominions of any of the princes, were in immediate depend ence on the empire. Most of these cities rose into importance in the 13th c. ; and their liberties and privileges were fostered by the Franconian emperors, to afford sonic coun terpoise to the growing power of the immediate nobility. Nuremberg was especially celebrated for its stout resistance to the house of Brandenburg, and the successful war which it waged with the Franconian nobility. In England the more important cities were immediate vassals of the crown; the smaller municipalities sometimes owned a subject superior, sometimes a greater municipality for their overlord.
Under the Anglo-Saxons, the English burghs were subject to the rule of an elective officer called the " pqrtreve," who exercised in the burgh functions similar to those of the shire-revc in the shire. The Norman conquerors recognized the already existing
privileges of the towns by granting them charters. Instead of a shire-re ve, it viscount was placed by the king over each shire, and a bailiff instead of the former elective officer over each burgh. In the larger towns, the bailiff was allowed to assume the Norman appellation of mayor. The municipal franchise seems to have been vested in all the resi dent and trading inhabitants, who shared in the payment of the local taxes, and perform ance of local duties. Titles to freedom were also recognized on the grounds of birth, apprenticeship, marriage, and sometimes free gift.
In all the larger towns, the trading population came to be divided into guilds or trad ing companies, through menibership of which companies admission was obtained to the franchise. Eventually the whole conuminity was enrolled in one or other of the guilds, each of which had its property, its by-laws, and its common hall, and the community elected the chief officers. It was on the wealthier and more influential inhabitants that municipal offices were generally conferred; and the practice gradually gained ground of these functionaries perpetuating their authority without appealing to the popular stiff rage. Contentions and disputes arose regarding the right of election, and eventually the crown threw the weight of its influence into the scale of self-elective ruling bodies. As the greater municipalities grew in strength, we find their right recognized to appear in parliament by means of representatives. The sheriffs were considered to have a discre tionary power to determine which towns should, and which should not have this privilege of representation. The sovereigns of the house of Tudor and Stuart acquired the habit of extending the right of parliamentary representation to burghs not in the enjoyment of it, while at the same time, by granting or renewing to them municipal charters, they modeled the constitution of these burghs to a self-elective type, and restricted the right of voting in the choice of a representative to the governing body. During the reign of William III., Anne, and the earlier Georges, time influence of the crown was largely employed in calling new municipal corporations into existence, with the view of creating additional parliamentary support for the ministry in power. The burghs of Scotland had a history much like that of the burghs of England; their earlier charters were mere recognitions of already existing rights, and were granted to the inhabitants at large. In the course of the 14th and 16th centuries, the municipal suffrage fell gradually more and more into the hands of restricted bodies of men, until act 1469, c. 5, gave to the councils the right of appointing their successors, the old and new council togetherileCting the office-bearers.of the earporation. 'PI& state of things con .