The Old Corporation and "Rotten Boroughs"

Malmesbury is unique in having two Corporations, the "Old and the New." The former still survives, although now merely traditional in usage and power, dates back from 939, when Athelstan gave the Kings Heath in his Royal Borough to the Burgesses, their heirs and successors for ever. This Institution still holds sway under the terms of the Saxon, and later, Charters and is headed by a High Steward ruling the Capital Burgesses and Commoners. Only the High Steward himself is not a Commoner by right and is elected by the Commoners.

These have existed for over a thousand years in direct descent, male or female, of the actual men who fought so valiantly for Athelstan in those days. Only by this right of descent can one become a Commoner, and this must be one of the most exclusive "Clubs" in the world. Malmesbury returned two members of Parliament, who were chosen by the "Old Corporation" from the "Mother of Parliaments" in 1295 in the reign of Edward I, until the passing of the Reform Bill in 1832, or for nearly 600 years.

The power of the elected High Steward was therefore enormous and that of the "Old Corporation" a definite menace to democracy. Competition for "election" to the office was therefore keen and expensive. To be the patron of two Members was of great importance, and the Members themselves also found it useful to get into Parliament for the "plums to be picked" in office.

This system of patronage from a small body, however legally elected, started the scourge known as "Rotten Boroughs" of which Malmesbury became one of the most notorious. After what will be said, it is marvellous that we did not lose our ancient Borough rights and privileges, but we managed to survive.

Unfortunately the list of High Stewards only date from 1636 although they existed from early times. The names mentioned in the eighteenth and early nineteenth centuries, when the office was much sought after, read like a passage from Debrett, and include two Earls, a Marquis and no less than two Dukes (one of them John Campbell, the Duke of Argyle (1722), who helped in the Union of Scotland and England.

Many famous statesmen also held Office including the famous, (or infamous, according to view), Charles James Fox, who held Office 1769-75. He not only championed the French Revolution but appealed for secession of the American Colonies. During his term of Office, the Alderman was another great character called Edmund Wilkins, an apothocary of this Borough, always referred to as "Dr. Wilkins" or even "Squire Wilkins." He managed to get himself appointed to the lucrative office of Receiver General for the County of Wilts. and strangely enough, became a very wealthy man.

The author owns a very interesting coloured "Forres print" (Forres of Piccadilly) with the usual lampoon portraiture and caustic comments, entitled "The Antiquities of Malmesbury" showing Fox leading the blind, crippled and dim-witted members of the Old Corporation, suitably labelled, and saying, "I'll wait on you gentlemen, I know what it is to serve."

Wilkins paid ten out of the thirteen members of the Old Corporation an annuity of thirty pounds for their votes for the men of his choice for the two Parliamentary seats of the Borough.He also got himself elected from mere Alder-man, to the post of High Steward after Fox gave up, and so carried on the "good work" on his own behalf as regards profit. On becoming High Steward he actually made the recipients of his "bonus" give him a bond of £500 to insure they carried out their part of the bargain.

Unfortunately he fell on evil times before his death and had difficulty in even paying the promised bonus. However, when he died a wonderful laudatory tablet was erected in the Abbey which mentioned his great services to the Borough "for the space of nearly forty years, etc., etc he fulfilled all these stations with honour, fidelity and humanity. Zealous and punctual in his service to his country and uniformly steady to the interests of the Borough . Impartial and benevolent in justice." Phew!

To give him his due, he must have been a great character as a mere apothocary to have stood up against two such important local "big-wigs" like the Earl of Suffolk and Earl of Peterborough who were also in the patronage racket of those days and prominent local gentry.

The next holder of this historic and once honourable title was Edmund Est-court, of Estcourt, near Tetbury. He raised the bonus from £30 to £50 but asked no security bond "in consideration of the hard times and low value of money."

During this period the real power of election of two Members to Parliament officially rested in the hands of thirteen men of Malmesbury, and in fact in the hands of one man, so bribery and corruption were rampant. The old Minute Books are carefully preserved and show that in the twenty years of 1721-41 the purely "official" receipts of these thirteen men were £7,494, which worked out at the sum of £669 for the Alderman per annum, and fees varying from a mere £6-0-0d. per annum for the youngest Burgess increasing in accordance to the length of service. Not bad pay when one considers the value of money of those days.

In addition to the official fees, the unofficial fees expected, and even demanded, were extraordinary. Elaborate dinner parties were given by the High Stewards of those days when gold guineas were hidden in the food and bags of gold hidden, to be found in a form of a "treasure hunt" after dinner. Things got to such a pitch that it is solemnly recorded that on one occasion the money bags were hidden in the "chamber utensil used by the High Steward under his chair." A complaint was made by an elderly member that "this was going too far" but perhaps he felt he was getting too old for such games, or had left his spectacles at home and was so placed at a disadvantage. Anyway he protested that he was not getting a fair deal.

About this time the famous "Apple Cups" were given by applicants for office as M.P. The inscriptions were always obsequious and of the form as "To my great friend Mr. `Blank' from his most grateful friend the Marquis of `Blank.' " or some such "blurb". Needless to say the Marquis of "Blank" had no further use for his "great friend Mr. `Blank'," after the election but the point got home.

There is a good specimen in the Town Museum, from Mr. Edmund Estcourt given in 1804 to one Stephen Matthews for his help in the election and the usual laudatory inscription mentions the time when "the nine apples triumphed over the four crabs." Hence the expression "Apple Cups."

At this time the average "price" of a seat in Parliament for Malmesbury was a mere 500 guineas, but this rose greatly as time went on. The last two members were a Father and Son, called Forbes. Sir Charles Forbes had already been elected in 1818 by the High Steward and his son in 1826. Before the final election in May, 1831, the Forbes' had the temerity to kick at the increase in "price" and said "they would not pay as much for the Borough as they had done on the last occasion, as they thought the duration of Parliament would be too short to remunerate them for the outlay." That is honest at least. According to the "Morning Chronicle" of May 17th, 1832, the sum mentioned was twelve thousand guineas, to include all election expenses, but as the Chronicle was running a campaign in favour of the "Reform Bill" against such malpractices, the sum is probably greatly exaggerated.

Such action on the part of the Forbes angered the Burgesses and High Steward as they could see the old "Milk Cow" dying on them, so they paraded effiges of the two round the town and finally burnt them in the Cross Hayes. They then tried, and succeeded in getting, a local "stooge" in the form of one Mr. Scrope of Castle Combe who acted as our last Menber of Parliament until the Reform Bill was passed.

Strangely enough this Bill had a very stormy passage in Parliament, and was generally unpopular throughout the country, which shows how much patronage and graft must have happened all over the country. It did not become law until June 7th, 1832, but when it was passed the attitude of the townsfolk changed as they probably realised that change was inevitable and that only a few of the inhabitants had shared in the spoils, so the news was received with joy with bonfires and general gaiety including a large dinner with 140 distinguished guests, including the Earl of Suffolk.

It is not recorded if the members of the "old gang" were present at the occasion but they must have been very chastened men. However, as I have mentioned "Squire Wilkins" had a fine memorial and must have been genuinely popular in a "De mortuis, nil nisi bonum" manner. Just before the end the applicants and Corporation were besieged in the old Inn, the "White Lion" that has seen so much of the history of this town. They were virtually kept prisoners there and a squadron of Dragoons had to be sent for from Bristol to liberate them and restore order. Readers of Stanley Weyman's "Chippinge" will record this incident.

Thus ended, somewhat tragically, what was once a fine institution but which, like the Abbey, had outlived its use. The Old Corporation still lives on with its wings clipped and the High Stewards are now all responsible men, chiefly solicitors, parsons, etc. With the much needed passage of this law, Malmesbury became as other Boroughs under the control of a Mayor (no longer called Alderman, for the first time), four "modern" Aldermen and twelve Councillors. The Borough is amalgamated with Chippenham Division and we return one member between us.

The Old Corporation still meets at the old Court House in St. John's Street, by the Town Bridge on the Chippenham side, where it was moved to in 1616; and where meetings have since been held from that date on Trinity, King Athelstan's Feast Day (a week after Trinity), at Michaelmas and on the 31st December.

A certain amount of tradition as to rank and seating still takes place, and the old customs still adhered to, including the traditional granting of portions of land to young Commoners. Successful applicants are taken out to the Common, after the election on the first Tuesday after Trinity, and are given their "rights" as follows.

The lucky new Commoner goes to his "given" acre and cuts a turf from the selected site and drops two shillings in the hole made. The High Steward then twitches him with a twig and sticks the twig in the turf, then hands it to him saying, "This turf and twig I give to thee, as free as Athelstan gave to me, and I hope a loving brother thou wilt be." The High Steward then takes the money out of the hole and the new landowner replaces the turf.

It is fascinating to think that this institution has lasted for over a thousand years in direct continuity of birth from Athelstan's day, and that noone (repeat noone) can become a Commoner, not even in an Honorary capacity.