charity; such freemen being duly sworn and Petition, 1729. enrolled."

This remains the last determination upon the

right of election for Coventry, and has been fur

ther secured and regulated by an act of parlia- 21 G. 3, © 54ment, which reciting the resolution of the House of Commons of the 20th of Nov. 1722, and that great frauds and abuses had been committed in clandestinely admitting persons during the last election, who had no right to their freedom, to prevent such practices in future, makes several regulations as to the mode in which persons should be admitted to their freedom, and enacts "that . 7. at every election of members to serve in parliament for the said city, every person who shall come to poll at such election, shall, if required by any candidate at such election, or by any two or more persons having a right to vote at such elections, previous to his being permitted to poll, take

،

the following oath: You do swear that your Freeman's oath. name is A. B.; and that you have been admitted

to the freedom of the city of Coventry under indentures or deeds of apprenticeship; and that you have served seven years apprenticeship to one and the same trade, in the said city or the suburbs thereof; and that you are of the age of twentyone years and upwards, and have not been polled before at this election."

It will be observed, on 'comparing the 7th sect. of the 21st G. III, c. 54, with the resolution of the House of Commons of 1722, that the former

stat. 21 G. 3.

Observation on has gone one step further than the latter towards confining the right of election in the freemen; the resolution being declaratory only, and the 7th sect. positively enacting that every person, if A required, should take the freeman's oath before he polls. This difference is at present immaterial, as none but freemen claim to vote for Coventry; but if any claim were now revived or set up, on the part of the freeholders of the county of the city, to participate in the election of the city members, the oath imposed by the 21 G. III. would form an effectual bar to their admission. But it might have been held otherwise, if the resolution of 1722 stood by itself; as that may construed as declaratory only of what should thenceforth entitle the freemen to vote, and not as excluding any other class of voters, whose claim was not then before the committee.

Petitions, 1803.

1 Peck. 93.

2 Peck. 273.

be

Petitions were presented against the returns for Coventry, both in 1803 and 1804, and the proceedings thereon will be found in Mr. Peckwell's Reports; but no question arose on the right of voting in either case, as a point of qualification was alone decided in the first instance, and no evidence was adduced in support of the petition in the second.

COUNTY OF THE CITY OF EXETER.

EXETER was very early a place of importance, and during the time of the Saxons was governed by a portreeve; the city was then divided into

Exeter, p. 24.

four hundreds or wards, over each of which an Jenkins's Hist. alderman presided.

Hen. II. granted a charter to Exeter, confirm- Ch. 1. Hen. 2. ing former privileges, exempting the citizens

from customs and town duties, &c. and granting

to them the custody of the castle.

R. I, in the fifth year of his reign, granted Ch. R. 1. a charter of confirmation.

Exeter was at this period governed by provosts,

who were nominated by the earls of Devonshire;

but in the year 1200, king John enabled the citi- Ch. 2 John. zens, by charter, to elect yearly a mayor and two bailiffs from among themselves, for the government of the city, and likewise confirmed their former privileges.

Hen. III. granted two charters of confirmation; Ch. Hen. 3. and Ed. I. conferred a similar favour in 1275.

Ch. 4 Ed. 1.

In 1312, Ed. II. made the mayor and bailiffs Ch. Ed. 2. of the city justices of the peace within the same. By a charter granted in 1329, Ed. III. gave the Ch. Ed. 3. citizens cognizance of pleas, &c.; and in 1380, Ch. 3 R. 2.

P

Ch. 3 R. 2.

Ch. 13 H. 7.

Ch. 29 Hen. 8.

R. II. confirmed the former charters, and granted additional privileges to the citizens.

Hen. VII, in the 13th year of his reign, granted a charter regulating the elections of the mayor, bailiffs, common council, and other corporate officers.

By letters patent, dated Aug. 3, 29 Hen. VIII, Exeter was separated from Devonshire, and made a county of itself, as follows:

(a)" Rex omibs ad quos &c. słtem Sciatis quod nos ob amorem quam erga dilectos subjectos nostros majorem ballivos et cõitatem civitatæ nostræ Exon in com. nostro Devon et civitatem illam gerimus habemus omnes et singulas cartas donationes concessiones libtates et francħas tam per nos, quam per diversos antecessores et progenitores nostros reges Angliæ præfatis majori ballivis et cōitati civitatis prædictæ Exon pantea successoribus suis dum major ballivi et cõitas ejusdem civitatis extiterunt ac ballivis et civibus ejusdem civitatis et successoribus suis cum sic ballivi et cives civitatis illius existebant ante hæc tempora fac. et concess. unica consuetudinibus ibidem preantea usitata approbamus et ratificamus ac pro nob. hered. et succõrib. nostris quantum in nob. est tenore presentium concedimus et confirmamus, et preterea nos cupientes pacem et tranquillitatem in civitate predicta de tempore in tempus a modo

(a) This is transcribed from a copy of this charter preserved in the Exchequer-office at Somerset-house.

augmentari de gratia nostra ac ex certa scientia, Ch. 29 Hen. 8. et mero motu, nostr. concessimus, et per presentes concedimus, pro nobis, hered. et successorib. nostris, quantum in nobis, præfatis majori, ballivis, et cōitati, et successorib. suis in perpetuum quod predicta civitas Exon de cetero sit unus integer com. per se corporatus in re et nomine distinctus et penitus separatus a dicto com. nostro Devon in perpetuum, et quod eadem civitas sic corporat. et a dicto. com. nostro Devon distinctus et separatus, com. civitatis Exon ex nunc perpetuo et in perpetuum, vocatur nuncupabitur et reputab."

The same charter provided that the mayor, Justices of the recorder and aldermen, should be justices of the peace, peace within the limits of the county of the city, with the same powers as those of the county of Devon, excluding them and all other justices from any interference within the county of the city, &c. &c.

"Ac insuper de grã nostr. spali concessimus et Confirmation of per presentes concedimus prefatis majori ballivis et privileges. cōitati com. civitatis nostræ Exon predict. hered. et successorib. suis quod ipsi in consideračoe presolutioni feodi nostro tam magni sigilli nostri quam parvi quæ jam dudo in Hanaperio nostro soluerunt pro aliis literis nostris patentibus prefatis majori ballivis et cõitati civitates prædictæ nuper confec. ipsi et successores imperpetuum habeant gaudeant et teneant omnia et singula premissa in his litteris nostris patent. superius