X.

We have now to notice, a truly beneficial and valuable grant to the inhabitants of Tiverton, expressed as usual under their incorporated name of mayor and burgesses; that of the privilege of

one of the honestest and discreetest of our town and parish) cannot fail to draw their attention towards making Tiverton

a town and parish of peace and quietness, to the fear and terror of evil delinquents, and for the reward of the good, a place where our peace and other facts of justice may be better kept." Let our corporate officers only read the charter, and they would at once see, notwithstanding the views entertained by a capital burgess, that these are the objects the crown had in contemplation, when the appointment of twenty-five inhabitants to be the mayor, twelve capital burgesses, and twelve assistants, was first constituted, ordained, and made and that these are a material part of that duty which they have sworn, well and faithfully to perform. Our non-resident officers are not molested by, indeed know nothing of, any of these things! These nonresident" inhabitants " may be doing their duties well and faithfully, in London, Broad-Hempston, Farringdon, Witheridge, Bristol, &c. but I call upon them to recollect, they have sworn to do their duties as corporate officers of Tiverton," in all things, and by all things, appertaining to their offices, and to be aiding and assisting to the mayor of the said town and parish aforesaid, for the time being, in all causes, things, and matters, any way touching or concerning the town and parish aforesaid." Sincerely do I wish my view may be an erroneous one, but I must be permitted to observe, that, to me, non-residents retaining seats in our common council, appears most inconsistent, unjust, and in direct violation of the engagements which they have so religiously bound themselves to maintain.

holding a court of record before the mayor, and recorder, of the town and parish, the deputy of such recorder, and the justice, for the time being, every tuesday fortnight. The objects of this court are to hold pleas of all, and all manner of debts, trespasses, and personal actions whatsoever, within the town and parish, there "happening, arising, or growing," so that they do not exceed the sum of one hundred pounds. The mayor, recorder, deputy recorder, and justice, are authorized to bring into pleading, the persons defendants against whom such suits, plaints, and actions, in this said court, shall happen to be moved. It is directed that their suits, &c. as hath been observed, shall be determined before the mayor, recorder, deputy recorder, and justice, or any two of them, (the mayor or recorder to be one.) And here I would point out a variation from the charter of James. By the charter of George, the justice, with the mayor, may hold this court; whereas it must be well known, that the business of a court of this kind, requires an intimate acquaintance with the forms and practices of the courts above, as well as a competent knowledge of the law both common and statute. This was not the case under the charter of James. If I am correct, this court could not then be held without the presence of the recorder, or deputy recorder, with that of the mayor. This latter arrangement, I must confess, to me appears much

more desirable. I mean not to offer, by what I am about to remark, the slightest reflection on the character of our present town-clerk; I believe him to be a worthy, excellent, honorable, and kind feeling man, and a good christian. I entertain for him sentiments of high esteem and regard; but I must be permitted to say, the proceedings of this court are too much under the influence of the town clerk, who is usually an attorney, (v) when it is held by the mayor and justice. (w) I would not, for a moment, be understood to impute to these officers, any thing like want of integrity, or unworthy motives, but I allude to their want of experience alone in the common and statute law, and in the practices of the courts above. For instance, I have seen with feelings of concern, in our court of record, after the witnesses have been examined, the town clerk, (an attorney) summing up the case for the consideration of the jury, accompanied by such remarks

(v) No clerk of the peace, or his deputy, shall act as solicitor, attorney, or agent, or sue out any process, at any general or quarter sessions, where he shall execute the office of clerk of the peace, or deputy; on pain of 50%. to him who shall sue in twelve months, with treble costs. 22 Geo. ii. c. 46. s. 14.

(w) Indeed the recorder might be added, when the office is held by one who is not "learned in the laws," or by one whose usual avocations, preclude the probability of his possessing a competent store of legal information.

as he thought proper to suggest. Surely, if the magistrates are not capable of summing up, and delivering their sentiments upon the evidence, as it appears before them, they must be considered incompetent to sit as judges, on questions, the issue of which may affect the properties, and in some instances, the liberties of the parties, who are called upon to defend themselves. Mr. Wood, the attorney is an honest man, but I would ask,

Enough has perhaps been said; but I must be allowed to add, I think it due to the solicitors of our town, that the interests of their clients should be considered before those, or one at least, namely the recorder, or his deputy, whose information on legal subjects would ensure that justice, which it appears to have been the intention of the royal grantor of this court the inhabitants should have administered to them. It is, in my opinion, clear, from the expressions which describe the duties of the recorder, (vide clause P.) that when the mayor presides at this court, assisted by the justice, he, the recorder, ought to be present, aiding and assisting, &c.

Y.

This grant contains the appointment of two serjeants at mace, to serve in the court of the

town, and to execute process, &c. &c. These officers are nominated by the mayor, and are to be attendant upon him. They are to take a corporal oath. I cannot discover any appointment of the third officer, in the charter, who I see now attends the mayor.

Z.

We have now arrived at, what is called, the restoring clause, by which are granted, confirmed, and restored, to the mayor and burgesses of the town and parish, and their successors, "all and singular manors, messuages, tolls, tenements, courts, fairs, markets, courts of pied pondre, liberties, privileges, immunities, franchises, licences, abilities of purchasing and possessing lands, tenements, and other hereditaments, jurisdictions, returns, and executions of writs, fines, redemptions, amerciaments, penalties, forfeitures, profits, offices, quietnesses, wastes, waste grounds, commodities, emoluments, goods, chattels, and hereditaments, as by the letters patent of James the first, were granted, or confirmed, or mentioned to be granted, or by whatsoever incorporation they were incorporated, or had been mentioned to be incorporated, by any one, or any of our predecessors, late Kings or Queens of England, or any other person or persons