References: [1829] EngR 473, (1829) 9 B & C 424, (1829) 109 ER 158
Links: Commonlii
By a charter of Queen Elizabeth it was provided that vacancies in the common council of the borough of L, should be filled up by election out of the ‘burgesses and inhabitants.’ The charter was accepted, but the corporation afterwards elected burgesses, not being inhabitants, to the office of common councilmen, as they had done before. This charter, and all other franchises,w ere surrendered to Car II and W & M. by a charter of restoration granted that the corporation should enjoy all franchises, elections, rights of election, &c. that they had previously enjoyed by virtue or pretence of any charter, or by any other lawful manner, right, or title: Held, that under the charter of Elizabeth, burgesses could not be elected to be common counciimen unless they were inhabitants; and that an usage to elect burgesses not inhabitants was repugnant to the charter, and could not be pleaded in explanation of it: Held, also, that the charter of W. & M. only restored such rights as had been lawfully exercised under or by pretence of former charters, and, therefore, did not enable the corporation to elect burgesses, not being inhabitants, to the office of common councilmen.
