and that that term was introduced by them into England.

The next division, is that of twelve honest and discreet inhabitants, who shall be called (p) capital burgesses. The expression capital, or chief, as in some boroughs they are called, is to distinguish them from the other inhabitant householders, whom we have shewn to be the burgesses contemplated in the charter; and also, as a merited compliment to the high character, the charter intends very clearly they should possess, who fill so important an office. The next, are twelve assistants : these are not distinguished by the addition of the term "burgesses," as in the former case; (g) but are merely so many of the inhabitants, selected to assist the mayor, and capital burgesses. The charter most expressly says, these also shall be inhabitants of the town and parish; and that they shall continue, as well as the capital burgesses, and the mayor, for ever hereafter within the town and parish. These capital burgesses and assist

(p) Vide, clause (appendix D) of the charter of James, which gives all fines, &c. to the mayor and burgesses, or the incorporated inhabitants: in which it may be seen, the capital burgesses, and assistants, are mentioned as residing with, and as a part of, the inhabitants of the town and parish of Tiverton.

(1) The assistants, therefore, can have no claim to be called burgesses, beyond that which the inhabitants possess.

ants, form the common council; and their duty is, "to be from time to time, aiding and assisting the mayor of the said town and parish, in all things and matters any way touching, or concerning, the town or parish aforesaid." It will now be necessary to establish the true and legal meaning of the word, inhabitant.

We have already intimated, the present practice of the court leet of the manor and borough of Tiverton, in citing householders only to appear before the portreeve. We have also alluded to the grant (in the first charter) of the fairs, and which was restored by the charter of George; the object of which is to enable the inhabitants the better to support, and maintain, the charges of the town and parish, and to relieve the necessitous, and those in reduced circumstances.

We will now consult the learned authorities, and see if these confirm the assertion, I have ventured to make, (notwithstanding it was treated with contempt, and even ridicule, at the late election of a candidate, who had no other residence within the town and parish than that which he enjoyed under his mother's roof) that a mere inmate, or lodger, was not eligible to fill the office of an assistant. I will first observe, that in consequence of the assurance of a worthy, learned, and right honorable member of our common council, that "I was mistaken," and that he thought

such an appointment a very proper one, I have since obtained the opinions of two (r) professional authorities, of unquestionable accuracy and intelligence, most decidedly confirming the view I had taken. (s)

The one says, I think that mere lodgers, or inmates, in a father's family, possessing no habitation of their own, and contributing nothing to the local rates, &c. would not be considered, inhabitants,' within the meaning of the charter." The other, "To ascertain the proper construction of the word inhabitant, it will be necessary to peruse the whole charter; should there be nothing in it giving a particular meaning to the word inhabitant, it must then be taken from the use of the term in this particular borough; and if the records of the court leet of the borough can be discovered, I have no doubt the ancient meaning of the word, 'inhabitant,' will be found in them ; and that it would prove to be an inhabitant householder, sharing in all the burdens of the borough, which was no doubt the ancient meaning of the

(r) I might have said four professional authorities, whose able advice, and liberal assistance, I avail myself of this opportunity gratefully to acknowledge.

(s) A lodger or inmate, although he may be called a capital burgess, or an assistant, is not qualified to exercise the elective franchise in Tiverton. Vide, notes post clauses

M. and Z.

f

term." Had this latter learned gentleman been aware of the clause already referred to, in which a distinction is made between the fines of the capital burgesses, assistants, and inhabitants, and the fines of those merely resident; had he been aware that the practice of our court leet, is to cite none before them but householders, he would at once have come to the conclusion, of which he entertains but little doubt to be the true one, amid the want of information respecting the court leet of the borough, and the charters of James & George.

Let us now ascend one step higher, and consult those, who in a great measure, must have been guides to the able men whose opinions we have just been considering. (t)

(1) Vide, Rex v. Mallett, in which case the Judge declared, that to make him an inhabitant within the charter, he ought not only to be a housekeeper, but to have paid scot and lot.

This point was also brought under discussion at the late election of the common council for the ward of Cripplegate within, London. Mr. Eicke and Mr. Capel, were the lowest on the poll, and no doubt existed but that both would be thrown out, until a person started up, and said, that a Mr. Thorogood was not qualified to be a candidate, he not being an housekeeper. Mr. Thorogood was then examined on the point, by the Alderman, when it appeared, he had not paid the consolidated rates, until monday evening preceding, and that he had not been rated in the books at all. It was therefore decided, he was ineligible, and Mr. Capel declared elected.

Inhabitant, a dweller, or householder, in any place; as inhabitants in a vill are the householders in the vill. (2 Ins. 702.)

He who hath a house in his hands, in a town, may be said to be an inhabitant. (Tirrel, I. Corth. 119 Mich. 18 Car. 2. C. B.)

But the word inhabitant, does not extend to lodgers, or the like, but to householders only. (2 Ins. 702.)

To make a man an inhabitant of a corporation, it is not sufficient that he barely live in the town, but he ought to be a householder, and also to pay scot and lot. (2 Barnard, 408.)

Now, I would ask, are all the officers of our corporation, inhabitants? Have we not had within these four years, two mayors, who were not at the time they were chosen, inhabitants of Tiverton ?neither did they become so, during their mayoralties. Have we not, at this very moment, a justice in the same predicament? Other members are notoriously, not inhabitants. But I would more particularly urge the cases of those common council men, who are in holy orders, and beneficed; and therefore compelled, both by canon, and statute law, to reside on their preferments. These reverend gentlemen, I say, by the law of the land, cannot, thus circumstanced, become inhabitants of Tiverton; they are obliged to reside on their