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can possibly "work well." (v) May it not be questioned, whether a peer of the realm, (without reference to the parliamentary duties, or the necessity of residence which the charter granted to Tiverton imposes) can legally act as a capital

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George Barne, Yeoman and Tanner

John Barne, an Inmate

Henry Dunsford, Lime Burner

Capt. Dunsford, late of the E. I. Co's. service

William Nott, Ironmonger

G. W. Owens, Esq.

Father & Son

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Two brothers,

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connexion.

W. Besly, travelling agent to a commercial house in Bristol G. Crewys, late Vestry Clerk

J. Wood, Gent. Attorney at Law

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May we not pronounce, at the very first view, that among the representatives of the trading and commercial interests of Tiverton, it was never intended there should be five clergymen, a peer of the realm, &c. &c. Reader, I call upon you to compare the present state of our common council with what it ought to be. Consider its irregularities by an application of approved constitutional principles; nay even of the intent and meaning of our charters: for it is said, the incurvations of practice are then most notorious when compared with the rectitude of the rule; and to elucidate the clearness of the spring, conveys the strongest satire on those who have polluted or disturbed it.

(v) "What more harmless, than to disfranchise a borough, which has exercised its franchise amiss, and brought shame on itself, or on the system of which it is a part? Nothing! I have no sort of objection to doing, as parliament has often done in such cases." Again,-"I will take away a franchise because it has been practically abused: I am willing to wipe out any blot in the present system, because I mean the present system to stand." Canning's Speech at Liverpool.

burgess? He is not subject to the liabilities of the court leet of a borough. He owes immediate suit and service to the king, and does direct allegiance to him, and forms a component part of his council.

I must also be permitted to observe, in reference to the Collector of the County, who by an act of the legislature cannot interfere in the election of the two burgesses to serve in parliament, that his office is decidedly at variance with that of a corporate officer of Tiverton, where the elective franchise for the return of the two members to represent ten thousand souls, is exercised by twenty-five, of which number the Collector of the Taxes for the County of Devon now forms a part. This also applies to a peer of the realm. (w)

I have already expressed, page 43, my opinion on this point as connected with the clergy. They are exempted from the suits and services of the court leet; they are represented in convocation. It is true, they are now allowed to vote at the county elections; there they claim this privilege, with reference to their property, their freehold ; but in the cases of boroughs like Tiverton, it is very different. Here we find them acting in secular callings, contrary to the canon, and in

(w) Vide page 106.

situations, from which the law of the land, for the sake of the interests of religion, grants to them an exemption. The reverend common council man of Tiverton, tenders his vote for the two members to parliament, as the representative of the trading interests of the town and parish. Surely this ought not to be so ! Indeed, from there not being one clergyman mentioned among those who were named in the charters of James and George, to fill the offices of mayor, capital burgesses, and assistants, it must be conclusive, "these messengers of the Most High" should be otherwise employed-their whole study should be how best "to do their own business."

To these remarks I will add the following, from Blackstone: "This venerable body of men being separated and set apart from the rest of the people, in order to attend the more closely to the services of Almighty God, have therefore large privileges allowed them by the municipal laws. For the laws having exempted them from almost every personal duty, they attempted a total exemption from every secular tie. But it is observed by Sir Edward Coke, that as the overflowing of waters doth many times make the river to lose its proper channel, so in times past ecclesiastical persons seeking to extend their liberties beyond their true bounds, either lost or enjoyed not those which belonged to them. The personal exemptions do

indeed for the most part continue. A clergyman cannot be compelled to serve on a jury, nor to appear at the court leet, or view of frank pledge; which also every other person is obliged to do. Neither can he be chosen to serve any temporal office, as bailiff, reeve, (x) constable, and the like in regard of his own continual attendance on the sacred function."

I know many an individual, who upon being informed that there are now five reverend dispensers of the mysteries, I do not mean municipal mysteries, acting as common council men of Tiverton, four of whom are beneficed, two doubly beneficed, some in other dioceses, and others in distant parishes, have without hesitation pronounced it, a sad deviation from the following extracts of our truly evangelical Ordination Service.

In the exhortation of the bishop, we find him addressing the candidates thus: "And now again we exhort you in the name of our Lord Jesus Christ, that you have in remembrance, into how high a dignity and to how weighty an office and charge ye are called: that is to say, to be messengers, watchmen, and stewards of the Lord;

(x) Vide Spelman's Glossary, title Major, where the enumeration of his duties shews him to have been precisely the same officer as the reeve, for which indeed it is only another name.

to teach and premonish, to feed and provide for the Lord's family; to seek for Christ's sheep that are dispersed abroad, and for his children who are in the midst of this naughty world, that they may be saved through Christ for ever- -And seeing that you cannot by any other means compass so weighty a work, pertaining to the salvation of man, but with doctrine and exhortation taken out of the holy scriptures, and with a life agreeable to the same; consider how studious ye ought to be in reading and learning the scriptures, and in framing the manners both of yourselves and of them that specially pertain unto you, according to the rule of the same scriptures : and for this self same cause, how ye ought to forsake and set aside (as much as you may) ALL worldly cares and studies. We have good hope that you have well weighed and pondered these things with yourselves long before this time; and that you have clearly determined by God's grace, to give yourselves wholly to this office, whereunto it hath pleased God to call you so that as much as lieth in you, you will apply yourselves wholly to this one thing, and draw all your cares and studies this way."

Among the questions put by the bishop, and the promises made by the candidate, we find the following. "Will you be diligent in prayers, and in reading of the holy scripture, and in such

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