within the city. In 1660 a question was raised, whether the right of election for Exeter belonged to the freemen alone, cr to the freeholders and freemen together, when the House of Commons decided that it belonged to the freemen. (Vide post. p. 178.) This resolution negatives the right of the freeholders, and I have been unable to find any subsequent decision of that body in which it is recognized. But if the qualified nature of the freeholder's right as now exercised is considered, they may fairly be taken to vote as inhabitants, and not merely as freeholders; in which case, the usage which sanctions the exercise of this right would not be inconsistent with the resolution of 1660. I think this the fair construction, and therefore class Exeter with those places where the freeholders do not vote. I was led to do so at first (notwithstanding the admission in the Warwick case, v. post 405) by the uncontradicted resolution of 1660, and held the same opinion when subsequently assured of the existence of the present usage, but as pages 28 and 39 were printed off, I was unable to make this explanation among the general observations, where it would have occurred with greater propriety. I gladly avail myself of this opportunity to offer my thanks to those gentlemen connected with the corporate counties who have afforded me assistance in this investigation; also to Mr. Jones, the clerk of elections, for granting me access to the minutes of the proceedings before the committees on contested elections. CONTENTS. Introduction. CORPORATE Counties, decisions respecting, page 1.- Origin and constitution of parliament, 4.-Witenagemot, 5. -Great council from 1st W. I. to 49th Hen. III, 6.— History and constitution of parliament from 49th Hen. III. to 7th Hen. IV, 17.-Ib. from 7th Hen. IV. to 10th Hen. VI, 28.--Ib. subsequent to 10th Hen. VI, 33--- Counties, origin of, 35.-How made, 38.-Welsh, 40.- General Observations. Power of the crown to make a county by charter, 1.— Cases recognizing, 3.-Corporate counties, number of, 16. -Charters granted to, ib.- Nature of, 17.-Right of voting retained for parent county, where, 19.-Freeholders vote for town members, where, 28.-Effect of charters creating corporate counties on parliamentary rights, 29.-Freemen alone vote, where, 39.-London, 41.-Right of election settled by act of parliament, where, ib.-Charters confirmed Account of, 49.-Charters, ib.-County of itself, 53.- Members to serve for knights and burgesses, 57.-Keser- county of the city, 60.-Confirmation of charter by parlia- ment, 62.-Castle added to the county of the city, 66. -Local government, 74.-Right of election, ib.-Writs Account of, 90.-Charters, ib.-County of itself, 95.- Reservation of privileges, 98.-Observations on, ib.- Account of, 104.-Charters, 105.-County of itself, 106. 111.-Reservation of privileges, ib.-Local govern- Account of, 121.-Charters, 122.-County of itself, 123. -Reservation of privileges, 126.—Note on counties pala- tine, 128.-Members granted to by act of parliament, 129. --Other acts respecting, 132.-Local government, 133.- Right of election, 134.-Petitions and resolutions, ib. Account of, 136.-Charters, 138.-Charter 30 Hen. VI, 147.--County of itself, ib.-Reservation of privileges, 155. -Local government, 158.-Right of election, 159.-Peti- tions and resolutions, ib.-Act of parliament respecting, 161. |