the whole year, he had paid him within that period, no less a sum than twenty pounds! !—an amount this, more than the rent of his premises. He at the same time urged, why he did not wish Rossiter to grind his malt. The power, he added, of his worship on the licencing day, made him fearful to say much about the business. He also informed me, the demand was made on beer brewed by brewers, both in and out of the town, and sold by the publicans in Tiverton !! Thus then, it appears, the mayor of Tiverton, assumes the right of taxing the good people of the parish (for it is the consumer who suffers) an amount, which Mr. Dunsford informs us, is part of his worship's income!! (q) By what grant does the

(q) Blackstone notices, among the principal franchises, that of having a fair or market, with the right of taking toll, &c. which tolls must have a reasonable cause of commencement, (as in consideration of repairs, or the like) else the franchise is illegal and void. This reasonable cause, as connected with our fairs, is expressly to enable the inhabitants

to pay the expences of the town and parish, and to relieve

poor artificers. But where are we to look for the franchise, of obliging the publicans to grind their malt, wherever the mayor and his fellow corporate officers direct; or if that be not convenient, to pay 2d. per bushel to Mr. Rossiter, on all malt consumed by them in the course of their trade, for doing nothing at all? I hesitate not to say, if such a grant appeared in the charter, which it does not, and a bye-law was produced, signed by the lord chancellor and all the judges, sanctioning this demand of the 2d. per bushel, I hesitate not, upon the best authority to assert, that such a clause. such a bye-law, would be illegal and void.

1

mayor claim this? The King himself, without the authority of parliament, cannot extend to the magistrates of a place, an authority to levy such an unheard-of contribution as this; (r) and surely "Derivata potestas non potest esse major primitiva."

As well might the county magistrates, within their divisions, levy a similar impost, and have the assurance to denominate it "income," to defray their expences. What, is the mayor of Tiverton to be considered as a stipendiary officer? 1 scarcely could have thought it possible, such an imposition could have been attempted. But I should much like to know, how this 80l. per ann. is appropriated. It may with truth be called the bridewell fund. Is it appropriated to bridewell purposes? It is almost absurd to suppose, such reverend common council men, whose duty it has been shewn, is to assist the mayor in all things which appertain to the welfare of the town of Tiverton, would look to (s) remuneration for the

(r) Vide 25 Ed. i. c. 5 and 6. 34 Ed. i. st. 4. c. 1. 14 Ed. iii. st. 2. c. 1. Vide Petition of Right, 3 Car. i. 1 W. & M. st. 2. c. 2. 2 Ed. iii. c. 8. 11 Rich. ii. c. 10. 18 Ed. iii. st. 4. 1 W. & M. st. 2. c. 2.

(s) The justices in sessions may appoint clergymen to officiate in gaols, according to the rites of the church of England, and allow to each a salary, not exceeding 50l. a year. 13 Geo. iii. c. 58. Burn says, where a statute directs the doing of a thing for the public good, the word may is

the same as the word shall. (2 Salk. 609.)

But

spiritual assistance they have thus an opportunity of affording. The joy which they would experience, which we are told the angels in heaven feel over one repenting prisoner, must fully repay them for any attentions they may bestow on this important and interesting duty. Nay, do we not read, that they who turn others to righteousness, shall shine as the stars for ever and ever? even, if money be necessary to obtain for these wretched captives "the blessings of the gospel of Jesus," from which flows "a spring of living water, "-this bread, of which, if these miserable sinners eat, they shall surely live, and which cometh down from heaven-is it not to be expected, that some part of this eighty pounds received from Rossiter, (although I am ready to maintain such an impost on the inhabitants is illegal) would be appropriated to the purchase of spiritual (t) aliment for those, whose labor was the first source from whence it took its rise, and whose confinement renders it impossible for them to resort to places of divine worship; the church of the living God, the pillar and ground of the truth? (1 Tim. iii. c. 15 v.) Let me remind these reverend common council men, "that faith cometh by

(t) There are in Tiverton, some persons who suspect that this grinding money is appropriated to the purchase of aliment, of a totally different description. It certainly does not appear among the distributions on St. John's day.

hearing, and hearing by the word of God ;" and "how can they hear without a preacher ?" and that "without faith it is impossible to please God." Let them recollect, that when Paul and Silas were prisoners, and exercised the several acts of religious duty, notwithstanding they themselves were captives, the prisoners heard them, that is attended to them. "I was in prison," says our blessed Saviour, "and ye visited me not." When, it is then asked, "When saw we thee in prison, and did not minister unto thee?" then comes the reply, "Inasmuch as ye did it not to one of the least of these, ye did it not unto me." God Almighty is the good father of us all; and those are the least of his children, who are the least influenced by the gospel of his son,-those who have neglected the means afforded them of purifying themselves from all sin. May we not then apply this word "least" to such whose wickedness has brought them into captivity? I now retire from this painful subject, only begging the person or persons, whose duty it is to attend to these important points, to recollect, that the great King of Kings was addressing those on his left hand. (u)

(u) Most unwillingly do I find myself called upon, to advert to the disorderly conduct, observable every evening in our streets. I have indeed been requested by several respectable housekeepers, to notice with severity the extremely defective state of our police. Really I must say, common decency, and a regard to the morals of the rising

I cannot conclude my observations on this clause, without reminding the reader of an opinion of Lord Chief Justice Mansfield, on the matter of custom and privilege; as I have heard that this impost on our publicans, has been attempted to be defended on the ground of usage and custom. "If a custom," says his lordship, "which deprives the subject of his property, was as old as Adam, and was founded on injustice, it ought, immediately on the discovery, to be rejected and abolished. Usurpation should not plead the sanction of prescription." It was in a case of town dues that his lordship gave this opinion. And he further adds, "that these town dues may have been suffered for a time, but that could be no reason why their illegality and oppression should be perpetuated-time would not sanctify injustice."

generation, call aloud for some more decided plan of operation, on the part of our constituted authorities. The daily remark so often made in the hearing of our magistrates, one should have thought would have been sufficient, to ensure ́every proper regulation being resorted to, to prevent the very rest and quiet of the inhabitants being obtruded upon, by screams the most violent, and language the most revolting. I have been informed, an inhabitant of our town, whose activity in his public avocations, and whose civility on all occasions are subjects of general observation, has placed before our mayor, recorder, justice, and their colleagues, some particulars, which, added to the kind interference of another excellent character, (not as yet deemed