and parish of Tiverton, and their successors, are created one body corporate and politic, by name, (h) "the mayor and burgesses of the town and parish of Tiverton, in the county of Devon ;" and that the inhabitants, by the said name of mayor and burgesses, should for ever hereafter, be persons able, and in law capable, to have, possess, &c. manors, liberties, franchises, &c. to them and their successors, in fee, &c. and to grant, let, &c. and that by the said name, they, the inhabitants, may be able to plead, &c. to sue, and be sued, in their corporate capacity; and that they, the said inhabitants, under the name of mayor and burgesses, may have a common seal, which they may at any time "break, change, or make new."

A corporation, is a person (Wood's Ins. 108.) in a political capacity, created by law; and is a body framed by policy and fiction to endure in perpetual succession: for as all personal rights die with the natural persons, and as the necessary forms of investing a series of individuals, one after another, with the same individual rights, would be very inconvenient, if not impracticable, it has been found necessary, when it is for the advantage of the public, to have any particular rights kept

(h) Oldfield in his history of boroughs, has made a strange mistake, in stating, that King James incorporated the inhabitants of Tiverton by the name of " mayor, twelve principal burgesses, and twelve assistants."

on foot and continued, to constitute artificial persons, who may maintain a perpetual succession, and enjoy a kind of legal immortality.

I would now ask,—does not the charter granted to the inhabitants of Tiverton, constitute them, under the name of "mayor and burgesses," to be these artificial persons; who are persons able, and in law capable, to have, possess, &c. manors, liberties, &c. sue and be sued, and to maintain perpetual succession, and enjoy a kind of legal immortality? Let it here be observed, no mention has yet been made of the common council.

ever.

Again, a corporation aggregate, says Judge Blackstone, consists of many persons united together into one society, and are kept up by a perpetual succession of members, so as to continue for Now let us apply this definition of a corporation to that of Tiverton. Who were united into one body corporate and politic? The charter tells you the inhabitants. How is this perpetual succession to be kept up? The charter informs us, by the inhabitants and their successors," us,-by who are for ever to be persons able, and in law capable, to have, possess, &c. The learned Judge continues this subject, by observing, that when a corporation is erected, a name must be given to it; our charter says, the inhabitants shall be named "mayor and burgesses," and that under this name the inhabitants shall enjoy all the

rights and privileges, granted by the charter. A corporation, he then adds, cannot manifest its intentions by any personal act or oral discourse, being an invisible body, it therefore acts and speaks only by its seal. The inhabitants of Tiverton, under the name of mayor and burgesses, have a common seal given them, on which I observe these words, "Sigillum oppidi de Tyverton." And not, Sigillum majoris, burgensium capitalium, et assistentium ; as it is in these days attempted to make it so understood.

An aggregate corporation may take goods and chattels, &c. The charter expressly says, the inhabitants shall be capable of having, and possessing, &c. and lastly, corporations aggregate have by their constitution a "head, "-a head, namely, the mayor, is distinctly given to the inhabitants; they themselves are in their corporate, capacity called burgesses, and the head man among them, the mayor. It may be proper to remark, this able Judge adds, there may be such a thing as a corporation aggregate "without a head.”

It is too generally thought, however, by the inhabitants of Tiverton, that the corporation is alone confined to the mayor, twelve capital burgesses, and twelve assistants. The appointment of these corporate officers, we shall have to notice in the next clause. This misconception, arises in great measure, from some glaring inconsistencies,

in the abstracts which Mr. Martin Dunsford has furnished of the charters. I might, indeed, only require an attentive perusal of this incorporating clause, and I flatter myself, I should be fully supported in my assertion, that "inhabitant householders," is the true meaning of the word "burgesses," whenever it occurs in the charters, without being preceded by the term " capital." Strong as this clause may be, it would be unpardonable in me not to avail myself of other most convincing assistances. This, I feel it the more necessary to do, because I am most fully aware of the encouragement, so gross á delusion has hitherto received, and the deep root it has taken with those who have thought but little of these things.

I will, therefore, in the first place, refer you to that (i) clause of the first charter, (and which is restored by the present one) which gives all fines to the "mayor and burgesses;" in which you will find, the capital burgesses, the assistants, and the inhabitants, mentioned, to distinguish them, and their forfeitures, from the mere residents within the town and parish, such as lodgers,

(i) I have thought this clause so important, first, as to proving that the corporate officers must be inhabitants; and secondly, that the charter does not contemplate an inmate or lodger to be such an inhabitant; (such an one being distinctly marked out as a mere resident) that I have given a copy of it at length in the appendix, ( D.)

inmates, &c. and in a subsequent part of the clause, these capital burgesses, assistants, and inhabitants, are included under the general term of "inhabitants."

By reference to the statutes passed, (the crown not attempting to do it by means of its prerogative) by which the Welsh (k) boroughs were enabled to send members to parliament, it may be seen, that the term "inhabitant," is there used synonymously with " burgess."

1

Whitelock, page 500, vol. 1, says, "burgesses are the inhabitants and freemen of boroughs."

Madox, in his "Firma Burgi," p. 2, says, "that in early times, there was no distinction between citizen and burgess; but a burgess was an inhabitant, either of a town or city."

Sir H. Spelman, in his Glossary, defines "burgesses to be, burgorum villarumque clausarum habitatores."

See Oldfield's History of Boroughs, vol. 3, under "Abingdon Petition, April, 1660." Sir John Lenthall, returned by the mayor; Sir George Stonehouse, by the bailiffs. The question was

(k) Stat. 27 Hen. viii. cap. 26. and 35. Hen. viii. c. 11. as to Wales. See also, as to Chester, 34 and 35 Hen. viii. c. 13. The same right was given also to Durham, by Act of Parliament, in the 25 Car. ii. c. 9.

e