(C.) Dover. [GLANVILLE, p. 64.] "At the customary assembly or court, called the common horn-blowing, (because it is summoned by the blowing of a horn,) holden in the town hall of Dover, 26th Sept. 3 Eliz., had and holden by the said mayor and jurates, being at that time ten beside the mayor and the whole commons or commonalty of the said town, whereof there were then present to the number of 82, and being assisted by their counsel learned in the law, it was agreed, that there should be 37 of the discreetest commons, to be chosen by the mayor and jurates, who should have power for and in the name of the whole commons, to choose all officers in this town as burgesses to the parliament, and all other officers belonging to this town, which have been accustomed to be elected and chosen by the commons; and at the same assembly, the said mayor and jurates did elect and appoint, according to the same order and decree, full thirty-seven out of the said eighty-two commons, to the purpose aforesaid; according to which ordinance, the said thirty-seven persons and their successors from time to time supplied, have been called the common council of the said port or town, and they only, for the whole commons or commonalty there, have joined in the choice of the burgesses to parliament." Here the statement is, that this bye-law was made at a meeting of all the persons in the town, and that they agreed to the election of thirty-seven of the commons to act as a common council, who were to elect the officers of the borough, instead of the election being kept in the whole body. Upon this case it was conceived by the committee, and so reported to the house, and there resolved, "First. That the said ordinance of the 3d of Elizabeth, notwithstanding the antiquity thereof, and the usage according to the same ever since, ought not to conclude the right of the other free barons or freemen, inhabitants of Dover, besides the thirty-seven now called common council; nor ought the same to bind or prejudice the privilege or interest of the commonwealth, by restraining the freedom of an elec tion to the parliament, for the reasons delivered in the cases of Winchelsea and Chippenham. Howsoever, peradventure, as to the election of the officers of the town, touching their government there, and other matters concerning themselves, the same ordinance may be good, the validity whereof in these respects the said committee and this house did forbear to dispute, as a thing indifferent to the business in hand." "Secondly. Whereas it was objected, that out of the long and constant usage agreeable to the said ordinance, which hath been continued for above 60 years, that the said ordinance should be taken but as a thing declaratory, and as a confirmation of a former ancient usage and custom of the place, which may limit and restrain an election, albeit no charter nor constitution can restrain the same, and it were inconvenient to disturb a course of election so long settled, but upon very clear matter to control the same." Yet even this was not considered to be sufficient; although it was the deliberate act of the parties themselves, and was done by the consent of all, and acted upon for 60 years; nevertheless it was held to be perfectly nugatory, and that it could in no way restrain the right to the select body of thirty-seven. (D.) Clause IN THE CHARTER OF JAMES, GRANTING ALL FINES, ETC. TO THOSE INCORPORATED UNDER THE NAME OF MAYOR AND BURGESSES. "And moreover, we will, and of our further special grace, certain knowledge, and mere motion, by these presents, for us, our heirs and successors, do grant to the aforesaid mayor and burgesses of the town and parish aforesaid, and to their successors, that they and their successors may have and receive all fines, and redemptions, and amerciaments whatsoever, for trespasses and other misdemeanors whatso, ever, or other causes and matters within the said town and parish, and the liberties and precincts of the same, committed or to be committed. And also all and all manner of penalties and forfeitures, forfeited or to be forfeited, of all the capital burgesses and assistants, and the inhabitants of the town and parish aforesaid, the liberties and precincts of the same, there residing, and thereafter happening to reside, and of their successors, for the peace of us, our heirs and successors, and otherwise howsoever; and also of all others resident in the aforesaid town and parish, the liberties and precincts of the same, to us, our heirs, and successors, within the aforesaid town and parish, the liberties and precincts of the same, forfeited or to be forfeited. And also alf and all manner of issues, fines, redemptions, and amerciaments of the aforesaid inhabitants and residents, their heirs, and successors, as well before the mayor, recorder, deputy recorder, of the said town and parish, or any of them, in the courts of the town aforesaid, as before the aforesaid justices, in the same way forfeited or to be forfeited, done and to be done, imposed or to be imposed, for any cause whatever, by the mayor of the town and parish aforesaid, for the time being, or by his officers and ministers, to the use of the said mayor and burgesses of the town and parish aforesaid, and of their successors, to be demanded, levyed, and received, with the lett or impediment of us, our heirs, and successors, or sheriffs, or justices, or other commissioners or ministers of us, our heirs, or successors, whatever." (E.) An Abstract FROM THE TIVERTON BYE-LAWS. EVERY freeman, who shall neglect to attend, on any summons by or by order of the mayor, at any public meeting of the mayor and burgesses of the said town and parish, touching the state and government of the same, shall forfeit 3s. 4d. Every person intitled and admitted to his freedom shall pay, for the inrollment thereof, 6d. besides the stamp-duty, or shall forfeit 2s. for every month's neglect. Every stranger or foreigner, not being free of the said town and parish, who shall keep any shop, or use or exercise any trade, mistery, occupation, or manual art, therein, shall, for every week, forfeit 6s. 8d. Every inhabitant shall forfeit 6d. for every hog or pig, and 3d. for every goose or duck, that he or she shall suffer to go abroad, or wander, in the church-yard, or in the street, in the said town. Every person who shall annoy the town lake, or shall any way render the same filthy or unclean, or shall throw or leave any excrements, dung, filth, &c. therein, or in any street in the said town, shall forfeit 3s. 4d. Every person who shall divert or obstruct the said town lake; and also every inhabitant of the said town, whom it may concern, that shall not maintain, cleanse, and repair, the same, or cause the same to be cleansed and repaired, after due notice to be given by the mayor, shall forfeit any sum not exceeding 6s. 8d. Every inhabitant of the said town shall repair and amend the street before his or her dwelling-house, home to the middle of the gutter, or shall forfeit 3s. 4d. for every ten days neglect, after notice. Every inhabitant who shall carry any fire, or burning coals, uncovered, in any street of the said town, or shall light, put, or keep, or cause or suffer to be lighted, put, or kept, any fire or fuel under his or her furnace, kettle, cauldron, or other utensil whatsoever, to brew or wash in the night-time, within his or her dwelling, or other house, after nine o'clock in the evening, or before two o'clock in the morning, shall forfeit 10s. Every dyer, clothier, baker, or brewer, who shall use, and burn, in his trade, within the said town, any kind of furze, or browse; and every inhabitant who shall lay, put, place, or suffer to remain, in the same room where any oven, furnace, or cauldron, shall be erected, any furze, browse, wood, or other fuel whatsoever, except such only as there shall or may be any immediate occasion to use or burn, shall forfeit any sum not exceeding 10s. Every occupier of any dwelling-house, or other house, wherein any chimney shall, at any time, be on fire, so as the flame thereof shall appear at the top of any such chimney, shall forfeit 6s. 8d. (F.) Petition. To the Honourable the Commons of Great Britain, in The humble petition of the gentlemen, merchants, traders, and manufacturers, inhabitants of the borough of Tiverton, in the county of Devon : SHEWETH, That your petitioners have long been deprived of the great privilege of being represented in parliament; that a corporation of twenty-five men only (many of them non-residents, and place-men, chosen by themselves) elect two representatives for this borough, containing upwards of five thousand inhabitants—an exclusive advantage, of which there are very few (if any) examples besides in the kingdom. Your petitioners most humbly beg leave to observe, that a representation so confined and disproportioned, is not only injurious to themselves, but a great national grievance, insufficient to secure in future the blessings of a free constitution, and unlikely to speak the voice of the people. Your petitioners do therefore earnestly entreat this house to consider the subject of this petition, in humble confidence, that this house will seriously attend to their complaints, and grant them such redress, in common with their fellow subjects throughout the kingdom, as the wisdom of this honorable house shall approve. And your petitioners will ever pray, &c, |