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1865.

WERE

V.

Clerk of the
Peace of
DEVON.

enjoyed divers liberties and customs and immunities, by reason of divers prescriptions and customs of old used in the said borough, and whereas our well beloved subjects, the mayor and burgesses of the borough aforesaid, have most humbly besought us to shew and extend our royal favour and munificence to the said mayor and burgesses in this behalf. And, that, for the better governance and rule of the said borough, we would condescend to ratify, confirm, approve, make, restore, constitute or create, by our letters patent, into one body, corporate and politic, the said mayor and burgesses of Bradneys, otherwise Bradninch, aforesaid, or by what other name soever they have been incorporated, or whether they have been incorporated or not, as to us shall seem most expedient. We being willing, therefore, that from thenceforth for ever there may be constantly one certain and undoubted means. in our said borough of and for the keeping of our peace, and for the rule and governance of the same borough and our people inhabiting therein and others resorting thereto; and that the said borough may for ever hereafter be and remain a borough of good peace and quiet, to the fear and dread of evil doers, and to the reward and support of the good: and also that our peace and other acts of justice and good order may and shall be better kept and done there: of our own especial grace and of our certain knowledge and mere motion, We have willed, ordained, constituted, granted and declared, and by these presents for us, our heirs and successors, do will, ordain, constitute, grant and declare, that our borough of Bradneis, otherwise Bradninch, aforesaid, in our said county of Devon, may and shall be, and remain from thenceforth for ever a free borough of itself." Then followed the usual clause

1865.

WERE

V.

Peace of
DEVON.

incorporating the borough by the name of the mayor and burgesses of the borough of Bradneis, otherwise Bradninch, and a clause ordaining that there should be, Clerk of the within the borough, thirteen masters, to be elected and appointed in form thereinafter specified, of whom the mayor, for the time being, was to be one. The charter then appointed the first mayor and masters, provided for future elections, gave powers to make bye laws, &c. "And further we will, and by these presents for us, our heirs and successors, do grant to the aforesaid mayor and burgesses of the borough aforesaid and their successors, that the mayor of the borough aforesaid for the time being, and the recorder of the said borough for the time being, may and shall from henceforth for ever, and every and each of them may and shall henceforth for ever, be justices of us, our heirs and successors, to keep the peace in the same borough and parish and the liberties and precincts thereof, and also to keep and correct and cause to be kept and corrected, the statute concerning artificers and labourers, weights and measures within the borough and parish aforesaid, the suburbs, liberties and precincts thereof, and that the said mayor and recorder of the said borough for the time being and their successors may, by virtue of these our letters patent, from henceforth for ever, have and shall be able to have full power and authority to inquire concerning whatsoever trespasses, misprisions and other minor offences, defaults and articles, done, moved or committed within the borough and parish aforesaid, the suburbs, precincts and liberties thereof, which ought or might be inquired into before the keepers and justices of the peace in any county of our Kingdom of England by the laws and statutes of the same kingdom as justices

1865.

WERE

V.

Clerk of the

Peace of
DEVON.

of the peace, so nevertheless that they do not hereafter, in any manner, proceed to the determination of any treason, murder or felony, or of any other matter touching the loss of life or limb within the borough and parish aforesaid, the liberties or precincts thereof, without the special mandate of us, our heirs and successors." The charter then appointed the first recorder ; and provided for the election of his successor yearly by the mayor and masters. Then followed a power to appoint serjeants at mace, a grant of a guild merchant, and a market and fairs. "And further of our more ample especial grace and of our certain knowledge and mere motion for us, our heirs and successors, We have granted and confirmed, and by these presents for us our heirs and successors do grant and confirm, to the aforesaid mayor and burgesses of the borough aforesaid and their successors, so many, so great, the like, the same and similar Courts of record, clerks of the market, assize and assay of bread, wine and ale, customs, liberties, privileges, franchises, immunities, acquittances, exemptions and jurisdictions whatsoever which the mayor and burgesses of the borough aforesaid or any or either of them, by whatsoever name or names, or by whatsoever incorporation or by force of whatsoever incorporation, have or hath heretofore had, holden, used or enjoyed, or ought to have had, holden, used or enjoyed to them and their successors for ever, by inheritance, by reason or force of any charters or letters patent by any progenitor or ancestor of us, or of any other person or persons whomsoever in any manner heretofore made, confirmed or granted, or by whatsoever other means, right, custom, usage, prescription or title heretofore used, had or accustomed;

1865.

WERE

V.

Peace of
DEVON.

although the same, or any or either of them, have or hath not been heretofore used, or have or hath been abused or misused or discontinued, or although the Clerk of the same or any or either of them are or have been forfeited or lost: To have, hold and enjoy to the aforesaid mayor and burgesses of the borough aforesaid and their successors, for ever, rendering and paying to us, our heirs and successors, the like, the same, such and similar rents, services and sums of money and demands whatsoever as and which they have been accustomed or ought of right to render and pay for the same. Wherefore we do will and firmly enjoining command, for us, our heirs and successors, that the aforesaid mayor and burgesses of the borough aforesaid and their successors may have, hold, use and enjoy, and may and shall be able to have, hold and enjoy for ever, all liberties, authorities, jurisdictions, franchises and acquittances aforesaid, according to the tenor and effect of these our letters patent without the let or impeachment of us, our heirs or successors, the justices, sheriffs, bailiffs or ministers of us, our heirs or successors, whatever, being unwilling that the said mayor and burgesses of the borough aforesaid or any or either of them, or any burgesses of the borough aforesaid, shall by reason of the premises or any of them be therein letted, molested, vexed, or in any manner disturbed by us, our heirs or successors, the justices, sheriffs, escheators or other bailiffs or ministers of us, our heirs or successors, whatsoever willing and by these presents ordering and commanding as well the treasurer, chancellor and barons of the Exchequer of us, our heirs and successors and other the justices of us, our heirs and successors, as our attorney and solicitor general for the time being, and every of them, and all other the officers and ministers of us,

1865.

WERE

V.

Clerk of the

Peace of
DEVON.

our heirs and successors, whatsoever, that neither they nor any or either of them do prosecute or continue or make or cause to be prosecuted or continued, any writ or summons of quo warranto or any other writ or writs or process whatsoever against the mayor and burgesses of the borough aforesaid, or any or either of them, for any causes, things, matters, offences, claims or usurpations, or any of them, by them or any of them due claimed, attempted, used, had or usurped before the day of the making of these presents: willing also that the said mayor and burgesses of the borough aforesaid, or any of them, shall not be molested or impeached by any or either of the justices, officers or ministers aforesaid in or concerning the due use, claim or abuse of any liberties, franchises or jurisdictions within the borough aforesaid, the suburbs, liberties and precincts thereof, before the day of the making of these presents, or be compelled to answer for the same or any of them. We will also &c., without fine in the Hanaper &c., although express mention &c. In witness whereof &c. Witness the King at Westminster, the 13th day of November."

Down to the year 1858 no county rate had ever been levied in Bradninch, but rates in the nature of county rates were made by order of the borough justices in Sessions for the purposes of the borough, and the borough justices always held their Quarter Sessions and tried felonies and misdemeanors in the same manner and to the same extent in all respects as the justices of the county of Devon in their Sessions, and the county magistrates did not interfere in any manner or for any purpose within the limits of the borough.

The Militia Law Amendment Act, 1854, 17 & 18 Vict. c. 105. s. 11., after reciting that there are certain

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