Of corporations, fraternities, and guilds. Or, a discourse, wherein the learning of the law touching bodies-politique is unfolded, shewing the use and necessity of that invention, the antiquity, various kinds, order and government of the same. Necessary to be known not only of all members and dependants of such bodies; but of all the professours of our common law. With forms and presidents, of charters of corporation. / By William Shepheard, serjeant at law.

OF CORPORATIONS, FRATERNITIES, AND GUILDS.

Or, a Diſcourſe, wherein The LEARNING of the LAW touching Bodies-Politique is unfolded, ſhewing the USE and NECESSITY of that Invention. the Antiquity, various Kinds, Order and Government of the ſame.

Neceſſary to be known not only of all Members and Dependants of ſuch Bodies; but of all the profeſſours of our Common Law.

WITH Forms and Preſidents; OF Charters of Corporation.

By William Shepheard, Serjeant at Law.

London, Printed for H. Twyford, T. Dring and J. Place: and are to be ſold at their Shops in Vine-Court Middle-Temple, at the George in Fleet-Street, and at Furnivals Inne-Gate in Halborne. 1659.

TO HIS Dear Country-men. My good Friends,

THe Soveraignty which is placed in Man over the reſt of the Creatures, is deriv'd from the ſole advantage of his Reaſon; for in Corporeal power he is much inferiour to many. The Excellency of Reaſon conſiſts in fitting Laws and Polities for our better Government, and the beſt of Polities is that Invention whereby men have bin fram'd into Corporations, Guilds, or Fraternities. For, whereas other Laws are adapted, but for the benefit of Individuals; this has a more noble end, and, if it were poſsible, would preſerve the Species: and although Art cannot altogether arive at the perfection of Nature; yet has it in this ſhew'd a fair Adumbration, and given to man the neareſt reſemblance of his maker, that is, to be in a ſort immortal. And for the Utility that has by this Invention accrued to mankind, it may be collected, not only from the frequent uſage of it, amongſt the Greeks, Romans, and afterwards in the German Empire; but alſo (which is beſt known to Engliſh men) from our own Practiſe. How many Cities and Burrouhgs are there in this Nation, whoſe flouriſhing eſtate depends, merely upon the antiquity of their Incorporation? I thought therefore that nothing would be more acceptable to my Country men, than a diſcourſe in this kind of Learning, the rather becauſe no mans pen amongſt us, has bin employ'd on this ſubject before: but I have the confidence to think it has ſomething to commend it, beſides, the Novelty; and it is the opinion alſo of thoſe that deſerve the greateſt Credit.

Your affectionate Country man W. S.

THE Contents of the Book. SECT. I. WHat Corporation is, and the kinds thereof. SECT. II. Who may make it, and how it is to be made. SECT. III. What perſons may be Incorporated. SECT. IV. By what name ſuch perſons may be Incorporated. SECT. V. In what place a Corporation may be made. SECT. VI. By what words a Corporation may be made. SECT. VII. The Charter for Corporations divided in two parts and opened. SECT. VIII. What Ordinances a Corporation may make. SECT. IX. The nature of a Corporation. And what it may have, hold, and do. And how.

OF Corporations.

SECT. I.

Of a Corporation, or an Incorporation: what it is; and the kinds of it.

A Corporation, or an Incorporation (which is all one) is a Body, in fiction of Law; or, a Body Politick that indureth in perpetuall ſucceſſion. And herein we are to know; That our Law doth take notice of a Body Naturall, and a Body Politick. The Bodies politick, whereof the Law hath taken notice, are ſome of them gone; as Abbeys, Priories, Deaneries, and the like. And ſome do continue ſtill. They are ſaid to be ſome of them Eccleſiaſtical, or spiritual: And ſome of them are ſaid to be Civil, or Temporal; and ſome of them are ſaid to be Mixt. And this politick body, is either of Single, or of one perſon. one perſon onely, and ſo the King was, and Lord Protector is, a Body politick. So the Biſhops, Deans, Prebends, and Canons of Churches were, and the Heads of ſome Hoſpitals and Alme-Houſes, which go by ſucceſſion in one perſon, and ſome Chaplains of Chappells, and all Parſons and Vicars at this day, are Bodies Politick. Or it is Aggregate of many perſons. of many perſons together: So Majors and Cominalties, and all ſuch kind of Corporations: Maſters and Fellowes of Colledges; and ſome Guardians and Maſters of Hoſpitals; and divers others, where the ſucceſſion is in many perſons, are ſaid to be Bodies politick. So alſo the Pariſhioners or Neighbours in a Pariſh, Village, or Town, and the Church-wardens of every Pariſh; ſome purpoſes are in the eye of the Law Corporations, aggregate of many perſons. Our purpoſe here is not to ſay any thing to any bodies politick, in one perſon, or gone: but only to Corporations, aggregate of many perſons, and yet continuing, as Major and Cominalties, Maſters and Fellows of Colledges, and Houſes; Maſters and Guardians of Hoſpitals; their Houſes, and ſuch like perſons, Houſes and Places, and eſpecially of the firſt ſort of bodies politick, Majors and Cominalties, and ſuch Corporations. And ſo we ſay, A Corporation is a body politick, Authorized by the Lord Protector's Charter, to have a Common Seal, Head-Officer, or Officers and Members; all which together are able by their Common conſent to grant, give, receive, or take any thing within the Compaſſe of their Charter, or to ſue, and be ſued, as any one man may do, or be. Or they are ſaid to be, An Aſſembly or Cominalty, of many men, gathered or joyned together in a City, Town, or Burrough, into one fellowſhip, Brotherhood, or Mind; by mutual conſent, to ſupport the Common Charge each of other, and to live under ſuch Laws as they ſhall agree upon to make, to be governed by for their mutuall good, and advantage in a perpetuall ſucceſſion. Theſe are alſo ſometimes more general, as where a whole Town is Incorporate, and many Franchiſes granted to it. Or more ſpecial, as where a Company of Tradeſ-men onely in a Town is Incorporate, and ſome one or few ſpecial Franchiſes are granted to them, for the better ordering of their Trade. Theſe, and ſuch like Corporations of Cities and Towns, are called Guilds, Fraternities, Companies, Companies Corporate, Companies Incorporate, Brotherhoods, Fellowſhips, and Bodies Corporate. Coo. 10. 29. 11. 66. Coo. upon Littl. 250. 94. 95. 34. 14. H. 8. 3. Coo. 11. 20. 67. 7. 75. Plow. 457. 102. 409. 537. 12 H. 7. 29. Coo. Inſt. part. 1. 66. 6. 3.

SECT. II.

What things are Requiſite to the making of a good Corporation, and are of the Eſſence of it.

There are certain things ſaid to be of the Eſſence, and requiſite to be had, and found in the caſe of every Corporation well made, and without which it cannot be a good Corporation. As,

1. There muſt be a good and Lawful Authority, and Warrant Lawful Authority for it. for the Erecting of it; And for this we are to know, that a Corporation, or body politick, may be made four manner of wayes, or by four meanes.

1. By the Common Law; ſo the King was, and Lord Protector By Common Law. is, and many others are Bodies politick:

2. By Authority of Parliament; ſo the Colledge of Phyſitians By Parliament. in 14. H. 8. Chap. 5. was made a Corporation: And ſo Suttons Hoſpital was intended to be made: And ſo any man might, for twenty years after the making of the Act of 39. Eliz. Ch. 5. have built an Hoſpital or Houſe of Correction for twenty years, after the Act of 39. Eliz. and had it Incorporated without How a Corporation may be claimed and had. Licence of the King.

3. By preſcription. That which hath been, and continued time out of mind, a good Corporation; and hath had all the By Preſcription. Incidents and Badges of a good Corporation, ſhall continue ſo, albeit they cannot ſhew any Charter for it: For this doubtleſſe was by Charter at firſt, the which hath been ſince loſt. But they that will have a Corporation by this Title, muſt have all the neceſſary Requiſites to a good Corporation, in their preſcription.

4. By Charter, or Letters Patents of the Kings: And ſo, moſt By Charter. of the Corporations have been made. And ſo they may, and muſt be made at this day; or by Act of Parliament: And ſo by Charter, the Lord Protector may make what Corporation he pleaſeth; and without this, none can be Erected at this day. And ſo he may erect a Corporation, or Society of Marchants, or other Tradeſ-men, for the better Government of their Trade; or any other Corporation he pleaſeth to make; obſerving herein the Rules, by Law layd down.

And by Charter, the Lord Protector may make many Corporations in one Town: as in the Corporation of the City of London, and many other places, they have, as they may have, many leſſer Corporations within it. And ſo, many Corporations may be in one place; but they muſt all be made by Charter of the Lord Protector. For one Corporation cannot make another Corporation, much leſſe may it make many Corporations out of it ſelf. Coo. 10. Suttons Hoſpitall's caſe. Stat. 39. Eliz. 5.

SECT. III.

Of the Perſons to be Incorporated.

2. THere muſt be perſons to be Incorporated: and as to this point, theſe things are to be known.

1. In the caſe of a City, Burrough, In a City or Village, &c. Town, Village, or Pariſh Incorporated; The Citizens and Inhabitants; or the Citizens, Burgeſſes, and Inhabitants; or The Inhabitants, or The Inhabitants and good people of the place. Or the whole City, Town, Burrough or Village may be Incorporated.

2. Or a part of the City, as the Burgeſſes of the Burrough, or the Free-men of the City onely, may be Incorporated.

3. Tradeſ-men of the City, or the men of ſuch a Trade only, in the Town, may be Incorporated.

4. The Head Officers, and Governours only, choſen and to be choſen from time to time in the place, may be Incorporate.

5. In the caſe of Colledges, the In Colledges. perſons Incorporated, may be either the Governours alone, as Maſters and Fellowes, and the like: or the Governours and Governed together; as Maſters, Fellowes, and Schollers of the Colledge.

6. In caſe of Hoſpitalls and In Hoſpitals and Almeſ-houſes. Almeſ-houſes, the perſons Incorporate may be the Governour or Governours, as Maſters or Guardians, or, Maſters and Guardians; or, them, and the reſt of the Officers, and poor, as the Founder ſhall deſire, and the Lord Protector grant it.

7. A Corporation may be made up of natural perſons, or it may be made up of perſons or bodies incorporate and political. And ſo a New, or another Corporation may be granted to an old Corporation, or body politick. So Ed. 6. granted to the Major and Cominalty of London, the Houſe called Bridewell, to be an Hoſpital. And that the ſame Major and Cominalty ſhould be Governours thereof, and Incorporated by the name of the Governours of the poſſeſſion of the Revenue, and goods of the Hoſpital, &c. The perſons Incorporated in Suttons Hoſpital, were the Governours thereof only. In the caſe of the Colledge of Phyſitians in H. 8. his time, the Phyſitians named, and all others of that profeſſion, of and within the City of London, were the perſons Incorporated. H. 7. 10. Broo. Corporations throughout Coo. 10. the caſe of Suttons Hoſpitall.

SECT. IV.

By what Names ſuch perſons may be Incorporated.

THe third thing required to the eſſence of a Corporation, is, that it be conſtituted and made by apt words: not that there are any certain words for Corporations; for they may be made by almoſt any intelligible words, importing the matter intended. And as to this, theſe things are to be known.

1. That Cities, Town-ſhips, and Villages may be, and are In a City, or Village. Incorporated, ſome by one, and ſome by another name. Some by the name of Major and Cominalty of, &c. in the County of G. Some by the name of the Major, Bayliffs, and Cominalty of, &c. Some by the name of the Major, Aldermen, and Cominalty. Some by the name of Major, Aldermen, and Common-Councel. Some by the name of Major, Citizens, and Cominalty. Some by the name of the Major and Aldermen. Some by the name of Major and Burgeſſes. Some by the name of Major and Bayliffs. Some by the name of Bayliffs and Burgeſſes. Some by the name of Bayliffs and Sheriffs. Some by the name of Citizens. Some by the name of Citizens and Cominalty. Some by the name of Cominalty onely. Some by the name of Citizens and Burgeſſes. Some by the name of Burgeſſes. Some by the name of Aldermen, Bayliffs, and Sheriffs. Some by the name of the Burgeſſes, Citizens, and Cominalty. Some by the name of Maſter and Wardens. Some by the name of Maſter and Brethren. Some by the name of the Major, Sheriff, and Citizens. Some by the name of the Major, and Sheriff. Some by the name of the Warden, Burgeſſes, Bridg-Maſters, and Cominalty. Some by the name of the Inhabitants, or good men, or the men of date. And ſome by other names.

2. The Companies that are Companies of Tradeſmen. Corporations, are, and may be Incorporated thus. The Maſter or Governours, and Cominalty of the Myſtery of Cooks of London; The Maſters and Wardens of the Company of Pewterers, in the City of London: The Company of Merchant-Taylors in London: The Guardian and Fellowſhip of weavers in Newbery, The Wardens, Cominalty, and Fellowſhip of Drapers, Taylors, Mercers, and ware-men. and Coopers in D. The Maſters and Guardians, and Cominalty of Taylors, and Work-men of Cloth of D. The Maſters or Wardens, and Fellowſhips of the Crafts of Clothiers, Drapers, &c. or the Guild and Fraternity; or, by any other ſuch like Names.

3. The Colledges and Halls In Colledges. of Univerſities, and other like places are, and may be, Incorporate by the names of Warden and Fellowes of, &c. in the County of, &c. Or, Provoſt, and Fellowes; or Provoſt, Fellowes, and Schollers; or Preſident and Fellowes, or Preſident and Scholers; or Maſter and Fellowes, or Principall and Fellowes; or Warden, Fellowes and Schollars; or Wardens and Schollers; or Maſters Fellowes, and Schollers; or Maſter and Schollers, or keepers of the Colledge, and the Schollers of the ſame Colledge: or any other ſuch like Names.

4. The Hoſpitals, whether In Hoſpitalls or Almes-houſes. made up of one or more Heads, are, and may be Incorporated by the names of the Maſter, or the Guardian of the Hoſpitall of, &c. The Maſter and Aſſembly or Convention of the Hoſpitall St. Mary of B. The Maſter and Brethern of, &c.

5. A Corporation may have Of two Names. two Names, or be Incorporated with a power to ſue, and be ſued by one Name; and to grant and purchaſe by another Name.

6. A Corporation may change its name, it may be Incorporate at the firſt by one name; and it may afterwards by, another Charter, be Incorporated by another name. And this without any prejudice at all to themſelves or others, onely if they be ſued or ſue, give or take, care muſt be had, it be by their New or laſt name.

SECT. V.

In what place a Corporation may be made.

4. THe place there muſt be a place certain, where to fix and bottome the Corporation. As, for a Corporation of a City, Town or Pariſh, The City For a City or village. of New-Sarum in the County of Wilts. The Burrough and Village of Malmsbury, in the County of Wilts. The Village of Maiden-head in the County of Berks. The Town and Pariſh of Leeds in the County of York. The honeſt perſons now exerciſing the Trade of, &c. within the Town and Burrough of G.

For a Colledge or Hoſpitall; For a Colledge or Hoſpital. A houſe in Oxford called D. wherein one T. S. now dwelleth, and whereof T. S. hath an Eſtate in Fee. The houſe called Charter houſe, lying within the Pariſh of K. in the City of London. A parcel of ground called the Savoy, lying within the Pariſhes of St. Clemens, and St. Mary le Strand, &c. and the like.

And it is uſual alſo, and ſafe in this caſe, for a Town or Village, to deſcribe the Limits of the Corporation, and how far it ſhall extend it ſelf.

And yet we read of very many grants of Corporations allowed to be good, that were not ſo exactly deſcribed and aſcertained; as, The Hoſpital of St. Lazer of Ieruſalem in England. Maſters of the Knights of the Temple, and their brethren of the Temple of Ieruſalem in England. And the like, Coo. 10. 32, 33. But the ſafe way is to deſcribe the place truly, and certainly as it is.

SECT. VI.

By what words a Corporation may be conſtituted.

IF it be conſtituted and made 5. Apt words of Conſtitution. by Charter, there muſt be apt words therein for the making thereof, which are the words commonly uſed in Charters for this purpoſe. For a For a City or Village. Town or Village. That the ſame Town or Village, and all the Inhabitants thereof be in Deed and Law one body, & perpetuall Cominalty or Corporation, and Incorporated by the name of, &c. Or thus; That the ſaid Town of B. be and remain for ever, a free Town of it ſelf. And that the ſaid Warden, &c. and their Succeſſours for ever be, and ſhall be, as now they are, one body, &c. Or thus; That the ſaid Burrough and Village of M. in the County of W. be from henceforth, and ſhall be, a free Burrough Corporate, in thing, deed, and name, of a Mayor and Burgeſſes of the Burrough and Village of M. in the County of W. And that the Mayor and Burgeſſes of that Burrough and Village be from henceforth one Cominalty, or Body Politick in deed, and name, for ever, by the name of, &c.

And for a Colledge or Hoſpital, For a Colledge or Hoſpital. thus: That the Hoſpital of the ſaid City commonly called, &c. and the poor people thereof be, and from henceforth, and for ever, ſhall be governed and ruled by the Mayor and Burgeſſes of the ſaid City, and their Succeſſours. And that the ſaid Mayor and Burgeſſes, and their Succeſſors be, & ſhall be Maſters and Governours thereof. And that the ſaid Mayor and Burgeſſes, together with the poor of the ſaid Hoſpital, for the time being, ſhall be from henceforth, and for ever hereafter continued, and remain one Body Politick, &c. by the name of the Maſters and poor people. Or thus, That the ſaid Governours of, &c. ſhall be incorporated, and have a perpetual ſucceſſion for ever in deed, fact, and name, by the name of, &c.

And there is no neceſſity that there ſhould be the words, Fundo, Erigo, or Stabilio, uſed for the Erection of the Corporation in any caſe; but it may be done by other apt words alſo. All theſe 5 things, every Charter by which any Corporation is well made, muſt have within it.

For the further Illuſtration of all theſe things, we ſhall give you ſome Examples and Preſidents of Charters allowed by Law to be good.

The Act of Parliament prepared for Sutton's Hoſpital did give him power firſt of all to build ſuch a houſe, in ſuch a place, for ſuch an uſe and end, for poor people, a Preacher, and School-maſter: And that the ſame ſhould have ſuch a name certain. That ſuch men therein named, and thoſe whom he, during his life, and that the greater part of them after his death, ſhould chooſe in their Rooms, ſhould be alwayes Governours thereof. That the Governours and the Hoſpital ſhould be incorporated by ſuch a name, Give and Grant, Sue and be ſued, &c. receive and hold for ever, the Mannors and Lands in the Act named, have and change their seal. That he for his life, and afterwards the Governours ſhould place and remove Officers and poor people, viſit the ſame Hoſpital, make Ordinances for Government thereof, not Repugnant to the Lawes in force. Stat. 7 Iac.

The Charter for Sutton's Hoſpital by which it was erected, did firſt licenſe him to found an Hoſpital in ſuch a place, to appoint the Governours thereof, gave power to thoſe Governours to place and diſplace Officers and others, and order all things. Afterward did grant and ordain, That there ſhould be 16 perſous named in the Charter, and the Maſter of the Hoſpital for the time being, and their Succeſſours, alwayes Governours hereof. That they ſhould chooſe their Succeſſours. And that thoſe 16 perſons, and the Maſter ſhould be incorporate, chooſe new Governours, Officers, Schollers, poor, and make Orders and Ordinances not repugnant, &c. And did licence them to hold Lands in Mortmain.

Edw. 6. declared, That Bridewell Hoſpital of Ed. 6. in London. in London ſhould be an Hoſpital. And for this end by his Letters Pattents willed and ordained, That the ſaid Hoſpital when it ſhould be erected and eſtabliſhed, ſhould be called, The Hoſpital of Ed. 6. King of England, of Chriſt, Bridewell, and of St. Tho. the Apoſtle for ever. And that the Mayor, Comminalty, and Citizens of the City of London, ſhould be Governours, &c. And that they ſhould be for that purpoſe a Body Corporate, by the name of the Governours of the Poſſeſſions, &c. Coo. 10. 31.

King H. 8. granted by his Colledg of Phyſitians. Letters Pattents to divers Phyſitians then being by name, That they and all men of the ſame faculty of and in the ſaid City of London, ſhould be one Body, and perpetual Community, or perpetuall Colledge of Phyſitians for London, and the Suburbs thereof. That there ſhould be a Preſident over them by their own choiſe yearly. That they ſhould buy and ſell, ſue and be ſued. That they ſhould make Aſſemblies and Ordinances for Government, with divers other proviſions. Stat. 14 H. 8. chap. 5.

H. 4. by his Letters Patents Chauntry houſe in London. recited; That Rob. Ramſey was ſeiſed of a houſe in the Pariſh of St. Margarets in London, called the Sunne, and that he notwithſtanding the Statute of Mortmain, de gratia ſpeciali: and for 20 l. did give licenſe to R. Ramſey, that he ſhould give 20 Marks of Rent iſſuing out of the ſaid houſe cuidam Capellano, &c. to a certain Chaplain at the Altar of the bleſſed Mary, in the Church of St. Magn. London, alwayes pro ſalubri ſtatu, (that is, for the health) of the ſoul of the ſaid Rob. and Ioane his Wife. To have and to hold to the ſaid Chaplain and his Succeſſors, Chaplains of Chantrie aforeſaid, in the Church and at the Altar aforeſaid, and for the health of the ſoul, &c. according to the Ordination aforeſaid of the ſaid Rob. on this behalf, to be done and celebrated for ever. This was reſolved to be good. Coo. 10. 27.

Some Charters run thus: After a Recital of the preſent ſtate of the Corporations, names of the Officers, &c. there is a grant to them and thoſe that ſhall alwayes be the elect head-Officers, that they ſhall be Incorporate by ſuch a name, and buy and ſell, ſue and be ſued, make Ordinances, &c. and govern after ſuch a manner, and deſcribe the whole form of their Government. So Sacum in Wilts. After many Recitals, The Charter runs thus. Know ye, That, &c. we name and Conſtitute A. B. of, &c. to be the preſent Mayor. C. D. Recorder, &c. and the Aldermen, and ſo all the Common-Councell-men, and then ſay, And, &c. That the Mayor, Recorder, Aldermen, &c. within the ſame City for the time being, and their Succeſſours for ever, be Incorporate by the name of of Mayor and Cominalty.

King Ed. 3. by his Charter Queens Colledg in Oxford. gave licenſe to T. S. his Chaplain; That he in ſuch a houſe in Oxford ſhould erect, and ſet up a Colledg-Hall of Schollers, Chaplains, and others, to continue for ever under the name of the Hall for the Schollers for the Queen at Oxford; which ſhall be governed by one Preſident of the ſaid Schollers, according to the appointment of the ſaid T. S. And that the ſaid T. S. may grant the ſaid houſe to the ſaid Preſident and Schollers for ever. And that thereby they ſhall be enabled to hold it for ever in ſucceſſion. This was admitted a good Corporation.

Stat. 39 Eliz. 5. gives power to any man to erect an Hoſpital Hoſpital or Houſe of Correction. or houſe of Correction, without Licenſe, and endow it with Lands not leſſe then 10 l. nor more then 200 l. a year for ever. That it ſhall be Incorporate by the Founder, and by what name he or his heirs ſhall give it, and ſo buy, ſell, ſue and be ſued, have a Seal. That he ſhall place and remove the Head and Members for his life-time at his pleaſure; And be ordered and viſited by ſuch perſons as he or his heirs ſhall name. And by ſuch Rules and Orders not repugnant to the Laws, &c. as the founder or his heirs ſhall ſet down under his hand and Seal.

The Executors of H. 7. Reciting. Savoy. They had bought a piece of ground called the Savoy, &c. to ſuch an end, to build an Hoſpital upon it. H. 8. thereupon licenſed them a certain Hoſpital of one Maſter and 5 Chaplains, to erect and found in and upon the ſaid piece of ground called the Savoy. And the ſame ſo founded, ſhall be Incorporated by the name of the Maſter and Chaplains of the Hoſpital of H. late King of England 7. of the Savoy. Coo. 10. 31.

If a Charter be made to the Inhabitants of Dale, to give them power to chooſe a Mayor, and to ſue and be ſued by the name of the Cominalty of Dale, or by the name of the Cominalty onely. It is ſaid, That this without more words, will make it a Corporation.

For the Reforming of the abuſes in the making of Cloath in Norwich and Norfolk.

That there be and ſhall be a Corporation of Preſidents, Wardens and Aſſiſtants of the Warſted Weavers of the City and County of Norwich, and County of Norfolk. Corporation within the City and County of Norwich, and County of Norfolk, conſiſting of two Preſidents, 12 Wardens, and 40 Aſſiſtants: All which are to be Maſter-Weavers within the places aforeſaid. And one of the ſaid Preſidents, and ſix of the ſaid Wardens, and 20 of the ſaid Aſſiſtants, ſhall be yearly choſen upon the laſt Wedneſday in the moneth of November, at ſome publike place, by the Maſter-Weavers, or the greater part of them preſent, of the ſaid City and County of Norwich; and the other of the ſaid Preſidents, ſix Wardens, and 20 Aſſiſtants, ſhall be choſen on the ſame day in ſome publike place by the Maſter-Weavers, or the greater part of them preſent, of the County of N. And the ſaid 12 Wardens ſhall within 14 dayes, &c. take the Oath ſet down in the Act. And that the ſaid Preſidents, Wardens, and Aſſiſtants for the time being, ſhall for ever hereafter in name and fact be one Body Politick and Corporate in Law to all intents and purpoſes, and have a perpetual ſucceſſion, and be called by the name of the Preſidents, Wardens, and Aſſiſtants of the Worſted Weavers of the City and County of Norwich, and County of Norfolk, and Sue or Plead, &c. See the reſt for power to purchaſe, keep Courts, & make By-laws. Act. 12 Novemb. 1653. and 1656.

Act: of 27 July, 1649. There Corporation of the preſident and Society for the Propagation of the Goſpel in New-England. is a Modell for the making of a Corporation for the Propagation of the Goſpel in New-England to this purpoſe: That from henceforth for the furtherance of this Work, there ſhould be a Corporation in New-England, conſiſting of 16 perſons, (viz.) a Preſident, Treaſurer, and 14. Aſſiſtants. And that A. B. C. D. &c. be the firſt 16 perſons whereof the Corporation ſhall conſiſt, out of whom the ſaid 16 perſons at ſuch time and place as they ſhall think ſit, by themſelves, or the greater number of them, ſhall clect and chooſe one of the ſaid 16 perſons to be Preſident, and another of them to be the preſent Treaſurer. And that they, or the greater number of them, ſhall chooſe a new Preſident Treaſurer, or Aſſiſtants, ſo ofr as any of them ſhall dye or be amoved. Which ſaid Preſident, Treaſurer, and Aſſiſtants for the time being, ſhall be for ever hereafter in Name and Fact one Body Politick and Corporate in Law to all intents and purpoſes. And ſhall have perpetual ſucceſſion, And ſhall be called by the name of the Preſident and Society for the Propagation of the Goſpel in New-England. And ſo had power to buy, ſell, take, and give, ſue and be ſued, make Ordinances, &c. See the Act at large.

If the Lo. p. at this day make a grant by Charter of Lands to the honeſt men of the Village of Iſlington, without ſaying, To Have, and To Hold to them, their heirs and ſucceſſours yielding Rent. This is a good Corporation whileſt it doth continue, and untill it be (as it may be) diſſolved by the Lord Protector. Dyer 100.

It is ſaid, If the King had granted to the Cominalty of Iſlington, that they ſhould be an Incorporation of a Mayor and Bayliffs, the which they ſhall have power to chooſe one, That this is good, not withſtanding that the Election of the Mayor be future. Coo. 10. 27.

Out of all which we obſerve, Obſervations.

1. That an Incorporation may be made with few words, and that there is no certain form of words for it. That it may be made abſolute and perfect at the firſt, or with Reference to ſome what after to be done to perfect it. This only is of the Subſtance, and muſt be expreſſed, or ſtrongly implyed by the words, That the Lo Protector doth give leave to make ſuch a Corporation, That in ſuch a place certain, ſuch a houſe ſhall be built for ſuch a uſe, and ſuch a Government and Governours ſhall be of and in it. And thoſe perſons ſhall be a Corporation to continue for ever by ſuch a name.

2. Sometimes the King himſelf did expreſſe the words, deſign the place, appoint the number, and gift, and name all in the Charter, ſo that it is a compleat Corporation, and nothing is left for the Founder or Donor, but to make an Endowment of Lands. And ſometimes the King by his Charter reſerves as well the nomination of the perſons, as the name of the Incorporation to the Founder. And then when he hath declared it in writing according to his authority, then are they Incorporate by the Letters Patents of the King, as if it had been all put into the Letters Patents. But we ſhall look over the whole Charter, and obſerve ſomewhat in general upon it; and then name the particular. heads thereof, and make ſome few Obſervations on each of them.

SECT. VII.

The Charter for Corporations divided into parts, and opened.

THe moſt of all our Corporations have been (as we have ſhewed) made by the Kings and Queens of England, and none can be created now but by Act of Parliament, and the Lord Protector's Charter or Letters Patents. And ſo he may make what Corporations he pleaſe. This being the common way of erecting of them, we ſhall look a little upon theſe Charters, and the form of words commonly uſed in them by which Corporations are erected. And herein we ſhall ſay a word in general to them, and then we ſhall look over ſome of the peeces of them, and lay down the effect of all the paſſages and peeces thereof. And thereupon we ſhall make ſome few Obſervations or Collections for the better underſtanding of the Law therein.

1. As to theſe Charters or Letters Patents for Corporations in the general, theſe things are to be known:

1. That in theſe Charters there are ſome things neceſſary in Law, and that may not be left out. And other things not neceſſary, but are declaratory, or explanatory, and are inſerted onely in point of diſcretion, and for conveniency. So the Clauſes, to buy and ſell, ſue and be ſued, have and uſe a Common Seal, to reſtrain alienation or demiſe of the Land belonging to the Corporation. That the Survivors ſhall be Incorporate. That if the Revenues increaſe, they ſhall be imployed to the publique uſe of the Corporation. To be viſited by the Governours. To make Ordinances, That the Ordinary ſhall not viſite it, Licenſe to purchaſe in Mortmain, and ſome general Clauſes and Proviſoes. The Corporation is well made without all this.

2. There are alſo uſually granted, together with the making of theſe Corporations, and in the ſame, divers Franchiſes and other things; as Felon's goods, and of fugitives, and perſons out-lawed in Civil Actions, The Forfeitures by penal Statutes, Recognizances, Hundreds, Courts and Conuſance of pleas, Fairs, Markets, Wayfs, Eſtrayes, Treaſure Trove, Deodands, Exemptions from ſerving in Offices, Juries, payment of Toll, Picage, &c. The Aſſiſe of Bread and Beer, Pillory and Tumbrell, The Office of the Juſtice of the Peace, Coroner, Clerk of the Market, and a great part of the Sheriff's Office, and the like. Theſe things have no dependance, or are they at all incident to Corporations, but commonly granted to them when they are erected.

3. There are ſome things often inſerted in theſe Charters that are unlawfull; as, to make Ordinances to impriſon men; or to forfeit goods upon diſobedience; or to reſtrain the liberty of Trade, and ſuch clauſes as reſtrain the Corporation from having of that which is incident to it, and the like.

Our Obſervations upon theſe Charters in the generall, are ſuch as theſe:

1. That all theſe Charters have the moſt favourable interpretation in Law that can be. And they ſhall be taken ſtrongly againſt the Lo. Pr. and to advance the Work intended by it.

2. That the draught now generally uſed in the making of theſe Charters, is the beſt and ſafeſt. Notwithſtanding, there is in it much more then is abſolutely neceſſary to the erecting of the Corporations. And therefore we adviſe all men that are to ſue out Letters Patents herein, to follow that preſident.

We will now look over the ſeveral Parts, Heads, and Clauſes of the Charter, and make obſervations upon them apart.

The Charter alwayes made The Title of the Supream Magiſtrate. by the Supream Magiſtrate, it doth begin with his Name, Title, &c. after this manner: Oliver Lord Protector, &c. And this may not be omitted. Then it is uſual if (it be a Corporation Recitals before, and not newly created, And they can find any Record of Letters Patents for it) They alwayes uſe to recite theſe Letters Patents, and make a Confirmation of them in the New Charter. Or, if they can find no Record for it, but de facto, they have a Corporation, and hold it by Preſcription; then they uſe to recite what it is, and what they have and take, and have a Confirmation thereof by the New Letters Pattents. And this is the beſt and ſafeſt way to do it. And this is the Authority by which it is erected.

After this, there doth uſually follow the main part of the Charter, in the ſetting down of the Perſons to be Incorporate, Name, place, and words of Incorporation.

The perſons to be Incorporated, the name and place of Incorporation, and the words whereby the Incorporation of the perſons and place is made, are uſually to this effect as it followeth:

Now know yee, That We our of, &c. Have ordained and granted, And by theſe preſents do grant, That the ſame City, For a City or Town. Town, and Pariſh of G. from henceforth for ever, ſhall and may be, and is hereby made, tuted, and Ordained to be for ever a free Burrough and Village of it ſelf. And that all and ſingular the Inhabitants of the ſame City and Town, and the Pariſhes thereof, and their Succeſſors from henceforth and for ever, may and ſhall be one Body Corporate and Politick in Deed, Action, and Name, of the Mayor and Aldermen of the Burrough of G. in the County of G.

Or thus: That the ſame Mayor, Cominalty, and City, ſhall for ever hereafter ſtand and be Incorporated, eſtabliſhed, and founded in name, and in Deed, a Body Politick and Corporate, to have continuance for ever by the name of the Mayor and Aldermen, &c. And that they by the ſaid name ſhall and may have power, ability, and capacity to grant, let, acquire, and get, ſue and be ſued, and to do, perform, and execute all and every other lawful Act and thing, good, neceſſary, and profitable for the ſaid Incorporation, in as full and ample manner to all Intents, Conſtructions, and Purpoſes, as any other Incorporation, or Body Politick or Corporate, fully and perfectly founded and Incorporated, may do. And, We do erect, make, ordain, create, conſtitute and declare for Us and Our Succeſſors, the ſame to be one Body Corporate or Politick in Deed, Action, and Name, really and fully by theſe preſents.

Or for an Hoſpital thus; That For an Hoſpital. the ſame Governors and Hoſpital ſhall for ever hereafter ſtand and be Incorporated, eſtabliſhed and founded in name and in deed, a Body Politick and Corporate, to have continuance for ever by the name of the Governours of the Hoſpital of, &c. And that the ſaid Governours may have a perpetual ſucceſſion. And by that name be, and ſhall be and continue, perſons able and capable in the Law from time to time, &c. Or thus: And that for the maintenance and continuance of the ſaid Hoſpital, &c. And that the ſame may take the better effect. That the ſaid perſons, &c. be one Body Corporate and Politick, to have perpetual Succeſſion for ever to endure; We do by theſe preſents for ever hereafter fully and really Incorporate, &c. to have capacity and ability to take, &c. This part of the Charter hitherunto, is the main part; as that wherein all the neceſſary Clauſes of the Charter, And wherein the five things of the eſſence thereof, (as we have ſhewed) is comprehended. That which followeth is not ſo eſſential.

It is uſuall to give the limits and bounds of the Corporations by ſome ſuch words as theſe: That all the houſes and buildings, Lands, Water, Water-courſes, ſoyl, and ground ſcituate, lying and being within the City or Town of G. and the Pariſhes within the ſame, from henceforth and for ever are and ſhall be within the limits, metes, bounds and Juriſdiction of the ſaid City of G. and the Incorporation aforeſaid.

Or thus; We declare and appoint, That the ſaid City of G. and of the Corporation and the compaſſe, precincts, and limits thereof, and the Juriſdiction of the ſame ſhall from henceforth extend and reach itſelf, and may and ſhall be able to extend it ſelf as well in length and breadth, as in circuit, to ſuch and the like bounds and limits as the ſame from the time whereof the memory of man, &c. hath extended itſelf; that is to ſay, From, &c. Or thus, That the Limits and Juriſdiction of the ſaid Corporation ſhall be as followeth; that is to ſay, &c.

And as to this, we are to know,

1. That the Lo. Pro. cannot extend it to prejudice any other man's intereſt; but however, it is very good and ſafe to deſcribe it by ſome ſuch like words as before.

2. It may be enlarged beyond its former limits, and ſomething more united to it.

There are divers other Clauſes beſides the words of Incorporation uſually inſerted into Charters for Corporations; The which we ſhall name by particulars, and then give our Obſervations upon them as they lye.

It is uſual to inſert the Clauſe To Sue or be ſued. to Licence and authorize the Corporations to ſue and be ſued, by ſome ſuch like words as theſe. And that they by the name of Mayor and Cominalty of G. may ſue and be ſued, implead or be impleaded before any Judge, in any Courts or places that are or ſhall be within this Nation, and in all manner of Suits and Actions whatſoever, and of what nature ſoever the ſame ſhall be.

As to which we ſhall obſerve, Obſervation. That this Clauſe is needleſſe in Law. For this power to ſue and be ſued, is incident to every good Corporation, and yet it is not amiſſe to expreſſe it.

It is uſual to put in a Clauſe, To hold in Mortmain. that they may buy and hold Lands, Goods, and Chattels, to this purpoſe: And that the ſaid, &c. and Succeſſours, ſhall be for ever perſons able and capable to purchaſe, have, take, and poſſeſs in Fee-ſimple, Lands and Tenements, Rents, and other poſſeſſions whatſoever, within or without the ſame City or Corporation, to them and their Succeſſours for ever, without any other Licence, ſo as the ſame exceed not the yearly va • ue of 200 l. a year, the Statute of Mortmain, or any other Law to the contrary notwithſtanding.

As to this, we obſerve;

1. That by this Licence to Obſerv. alien, there is no power added or given; nor is it needfull, for they may do it without leave. And this Clauſe is therefore ſuperfluous, for it is incident to the Corporation. And this Body may buy, ſell, give and grant, take and have, as well as any natural body or ſingle man by Law may ſo do.

2. Onely this; for Land of Inheritance, if the Corporation purchaſe of this without Licenſe of the Lo. Pro. it is in danger to loſe the Land, upon the Statute of Mortmain; therefore this Clauſe is neceſſarily to be inſerted by ſome ſuch like words as thoſe before ſpoken of.

It is uſuall to inſert a power Common Seal. to make, keep, and uſe a Common Seal by ſome ſuch like words as theſe: And we further will, &c. That the ſaid Mayor and Cominalty for the time being, and their Succeſſours ſhall have and enjoy for ever a Common Seal; wherein ſhall be engraven the Name and Arms, &c. whereby the ſame Corporation ſhall or may ſeal any manner of Inſtrument touching the ſame Corporation, Or the Mannors, Lands, Tenements, Hereditaments, Annuities, Goods, Chattels, and other things thereunto belonging, And which they may make and uſe for the doing of all things in any wiſe touching or concerning the ſame Incorporation. And that it ſhall be lawfull for them and their Succeſſours at any time hereafter to break, alter, or change the ſame at their pleaſure.

It is uſual in theſe Charters The Order of Government. by way of Grant or Direction from the King, to ſet down all the form of Government, the numbers and names of their chief, and other Officers, and whereof their Common-Council ſhall be made up, and what Officers and Members there ſhall be, how choſen, ſworn, continued, and removed, to this purpoſe; That there ſhall be a Mayor, Recorder, 6 Aldermen, and Common-Council. That 20 be choſen out of the Inhabitants for the Common-Council, That out of theſe the Mayor and Aldermen ſhall be choſen. That 12 of theſe 20, (whereof the Mayor, Recorder, or four of the Aldermen, or any two of them, to be two) ſhall make a Common-Council to make Orders, &c. How and when they ſhall meet, To appoint what Officers ſhall be in the whole Corporation; To ſay, that there ſhall be beſides the Mayor, Aldermen, Recorder, Juſtices of the Peace, a Cuſtos Rotulorum, a Town-Clerk, Clerk of the Market, and Coroner, Clerk of the Peace, two Chamberlains, a Sword-bearer, two Serjeants at the Mace, one Bayliff, a Clerk of the Statutes, two High Conſtables, &c. To appoint how Officers and Members ſhall be from time to time elect. To name the preſent Mayor, Recorder, Aldermen, Councel-men, and Officers. To ſet down what ſhall be done to them that refuſe the Office or place being choſen; How they ſhall be ſworn, continue in their place, or be removed upon death or miſdemeanour, and others put in. And ſo otherwiſe as the Government is conſtituted.

1. All this we look upon as Obſerv. not neceſſary to be inſerted in the Charter, for they are not of the eſſence, for they may govern themſelves without this; or, haply, they may do it in another manner then is ſet down: but it is providently done, and the beſt way to inſert and expreſſe it in ſuch a manner and ſuch words as is uſual, let them be of what force they will in Law.

2. Albeit it be expreſſed in the Charter, that the Choyce of their Mayor, Bayliffs, or other principal Officers, ſhall be by the Cominalty, yet, if by a long uſage they have choſen them by a ſelect number of the principal of the Cominalty, or of the Burgeſſes, although no ſuch conſtitution can be ſhewed to warrant ſuch Election, yet this Election is good Law, being intended and preſumed to begin by common conſent. Coo. 4. 77.

It is uſual to have inſerted in Sword Cap of Maintenance, &c. the Charter, a Power to uſe a Sword, Maces, Cap of Maintenance, Arms, and ſuch like Ceremonies. And it is beſt ſo to expreſſe it, that the uſe thereof may be without diſlike, and without Queſtion.

It is uſual in theſe Charters, Juſtices of Peace. to provide for the making of Juſtices of the Peace, and for the exerciſe of their power within the Corporation, to this purpoſe. Either that the Mayor, Recorder, and all the Aldermen [or ſuch a number of the moſt Ancient Aldermen] ſhall be always ſo, or that they be choſen by the Corporation every year. And that theſe ſo choſen, ſhall have and execute all the power of the Juſtices of the Peace; And that ſuch a number of them, whereof the Mayor, Recorder, &c. to be 3, or 4, be a part, may hold Seſſions; And that other Juſtices ſhall not intermeddle there. Sometimes it is added, That the Corporation may not withſtanding ſend their priſoners for the greater offences to the County-Goal, and that the Sheriff ſhall receive them.

Upon which branch we obſerve:

1. That the beſt way of the Obſerv. making of the Juſtices of the Peace by the Charter, is the firſt way. For we cannot approve the election of Juſtices by the Corporation. And ſo this power may be limited or reſtrained, that they may or may not hear and determine greater offences, &c.

2. This Grant of power is Obſerv. good, and ſhall be taken and may be exerciſed in a Corporation, as when it is in other men.

It is uſual to inſert a Clauſe, That other Officers ſhall nor intermeddle there. to prohibit the Juſtices of the Peace of the County, to intermeddle there in any thing concerning the Office. So for the Sheriff, Clerk of the Market, and Coroner's Office. And this is uſefull and ſufficient to keep them out from intermeddling there.

It is uſual to have Grants in Felons goods, Fines, Iſſues, Amercements, Waiffes, Eſtrayes, &c. the Charters to the Corporations, of all forfeited goods of Felons, Fugitives, and perſons outlawed in Civill Actions; And all Wayffs, Eſtrayes, Treaſure Trove, and Deodands happening in the place, The Forfeitures by Fines, Iſſues, Amercements, and upon penal Statutes, Recogniſances forfeited at any of the Courts of the Corporation, or at the Aſſizes or Seſſions of the Peace, happening upon any that live within the Corporation, And poſt-fines.

Upon which Clauſes, theſe things are to be known:

1. This Grant may be limited Obſerv. or enlarged; more or leſſe hereof may be granted as pleaſe the Prince.

Obſerv. 2. The Grant is good for ſo much as is in it, and may be taken and uſed by a Corporation, as by any other body.

Obſerv. 3. The Law in all points as to theſe things is the ſame, where the things are in the hands of a Body Politick, as where they are in the hands of a natural body.

It is uſuall to have within Exemption from ſerving in Offices in Juries. theſe Charters of Incorporations, a Grant to them, to this purpoſe:

That the Inhabitants of the ſame ſhall not be forced by Juſtices of Aſſize, Oyer or Terminer, or of the Peace, to ſerve in Offices or in Juries in the County, and without the Corporation, &c.

1. As to this for Juries. This Obſerv. priviledge may alſo be limited to Juries, but in caſe of Tryall of Land lying within the Corporation, or the Juries for the Lord Protector, and the like.

2. This Priviledg of Exemption Obſerv. is allowed generally; and it is but reſonable it ſhould be ſo, eſpecially where there are Jury-men enough beſides.

3. The Exemption from Offices Obſerv. alſo may be good and unqueſtionable, as to Offices made by the Lord Protector, and the Judges, and Juſtices that act by his Commiſſion; and is but reaſonable, wherein there are enough of others to ſerve the Offices.

We have ſeen alſo a Charter Exemption from payments. that hath granted an Exemption to the Inhabitants of the Incorporation, from the payment of Toll, Piccage, and the like payments in other places. And as to this Clauſe we ſay,

That, where ſuch a payment Obſerv. is time out of mind to be payed, and this in the Lord Protector's own hands, it may exempt. But if it be in another hand, and granted away before to another, or another hath right to it by Preſcription, the Charter will not Exempt.

It is uſual alſo in theſe Charters, Retorn of Writs. to grant a part of the Sheriff's Office, or the Retorn of Writs to the Corporation, to this purpoſe: And that the Corporation & Precincts thereof be a diſtinct Bayliwick and Liberty of it ſelf. And that the Mayor for the time being, & his Succeſſours, be the ſole Bayliff, and ſhall have the Retorn and Execution of all Writs againſt any man, living in the Corporation, except Proceſs of Execution. And that the Sheriff, but in caſe of Omiſſion or neglect, may not intermeddle there.

As to this part, this onely is Obſerv. to be ſaid;

That this Franchiſe may be as well granted to a Body Politick or Corporation, as to any ſingle perſon.

Some Charters have ſuch Gaol, Common-Hall, Gallows. like Grants in them: That the Corporation ſhall erect and uſe a Town-Gaol, or uſe the Gaol there being, to impriſon ſuch as are to be impriſoned: And ſo far a Town-Hall, and a Gallows. And theſe may be erected and uſed accordingly; and ſo perhaps it might be, without any ſuch Grant or Authority given.

It is uſual in theſe Charters, Counters. together with the Grants of the Incorporation, to grant Courts to this purpoſe, if it be but the Confirmation of an old Corporation, to grant all the Courts of the place; the Leets, view of Frankpledge, Courts-Baron, Py-powders Courts, and all other Courts formerly kept in the place. And if it be a new Corporation, to grant theſe Courts within the place. And a new Court of Record for the Tryall of Civil cauſes, to be before the Mayor, Recorder, or Town-Clerk, one or two Aldermen; or ſuch a Court to be held at ſuch a time, before ſuch and ſuch perſons, and for ſuch and ſuch cauſes, and in ſuch a manner.

1. As to this we ſhall obſerve; Obſervations. That this is properly in the power of the Lord Protector, to give the Courts of the place to whom he will.

2. He cannot by any ſuch Grant, take from any Subject any Juriſdiction or Franchiſe, that he hath well ſettled in him by former Grants of Kings, or by Preſcription.

3. He cannot force any man within or without the Corporation, to ſue in that Court, or reſtrain him from ſuing elſewhere, if he will. Stat. 19. H. 7. 7.

4. Any of the Corporation may alſo be ſued elſewhere, as well as there, if the Plaintiff pleaſe.

5. Nor can he reſtrain any man ſued there, from his liberty to remove the Action, where the Law gives him power to remove by Writ of Error, Attaint, Habeas Corpin, Certiorari, otherwiſe. Stat. 21. Iac. chap.

It is very uſual in theſe Charters, Markets and Fairs. to confirm the old Markets and Fairs; and to grant new Markets & Fairs. Or to change the dayes of the old Markets or Fairs. And to grant to the Corporation the Py-powder Court, and Incidents and profits of the Fair.

And all theſe Grants are good, and may be uſed, taken, and Obſerv. enjoyed accordingly. This onely when any new Market or Fair is granted, that it be not gotten on ſuch a day as to prejudice other Markets and Fairs thereabouts. Or if any Queſtion be made of it, To have an Ad quod damnum ſued out, and executed before the Charter be paſſed.

It is uſual in theſe Charters Clerk of the Market, and Coroner. to grant power to the head-Officer of the Corporation to be Coroner, and Clerk of the Market; or that the Corporation ſhall chooſe and make theſe Officers, And that they ſhall do within the Town all that belongs to the Office.

The firſt way is the beſt of Obſerv. providing for theſe Officers, and not the ſo ſafe to make them by the election of the Corporation.

It is uſuall to give to the Affiſe of Bread and Beer. Corporation all the office and power of the Juſtices of the Peace, and Clerk of the Market, as to the Aſſiſe of Bread and Beer. And this is good.

Some Charters have this Acknowledging of Statutes. power in them, That the Mayor, &c. of the Corporation ſhall take the Conuſance of Statutes and Recogniſances as formerly they have done. And this perhaps is good, where they have time out of mind uſed to take Conuſances. But if ſuch a Grant be to a new Corporation made at this day, there may be ſome doubt in it. And yet the Statutes of Action, Burnell, and of Merchants, made 13 Ed. 1. do ſay, That the King may appoint who ſhall take Statutes Merchant.

Some Charters have this Inrollment of Deeds. power given by them to the Corporation, That it may take the Acknowledgment, and make the Inrollment of Deeds before ſuch an Officer there.

That which we obſerve upon Obſerv. this, is,

1. That no Inrollment can be made there of any Deed of bargain and ſale of Lands, whereby any Free-hold paſſeth, but where it is Inrolled before two of the Juſtices of the Peace, Cuſtos Rotulorum, and Clerk of the Peace, according to the Stat. of 27 H. 8. chap. 16.

2. That in ſome ancient Obſerv. Corporations where Recoveties, Deeds, and Releaſes have been acknowledged, taken, and Inrolled, they may be ſo ſtill, and good. But not otherwiſe. Stat. 34 H. 8. chap. 22. 5 Eliz. chap. 26.

Some Charters forbid the Not to make Leaſes. making Leaſes of the Land of the Corporation for longer time then 21 years, with the old Rent, &c. ſome give the Corporation leave to make a Leaſe for 21 years, yielding the old Rent.

As to this we obſerve:

1. That theſe and ſuch like Obſerv. Clauſes ſhew the Princes deſire to have it ſo. But in Law have no operation at all. For the Lord Protector cannot by Law Reſtrain the alienation of their Land, which is an incident inſeparable to the Corporation, from the very firſt Creation of it.

It is uſuall and beſt to have Rent. ſome Rent or other reſerved to the Lord Protector. Albeit perhaps the Corporation may be well made without it.

And not amiſſe to annex Without Fine or Fee. to the end of the Charter, That it ſhall paſſe without Fine or Fee in the Hamper.

Some Charters give the Corporation Perambulation. power to walk the Circuits of it in Perambulation as oft as it will. And ſo it may, and without ſuch a power given, as much as with it.

It is uſuall in theſe Charters General Words. to inſert general words by way of Grant from the Kings, to this purpoſe:

That they ſhall have and enjoy all the powers, Franchiſes, Priviledges, &c. that the Corporation of L. or any Corporation in the County of G. doth, or may uſe, enjoy, or take. And that the Corporation ſhall have and enjoy all the lawfull priviledges, powers and benefits, They have and uſe, or any of their predeceſſors at any time within 60 yeares laſt paſt, had or uſed, or ought to have had and uſed under pretence of any Charter, or by preſcription, although the ſame have been diſcontinued or forfeit, &c. And that no Officers of the King ſhal hereafter interrupt them therein. And this clauſe may be uſed ſtill, but it operateth little in law where no particulars are expreſſed.

It is uſuall to have within it Saving to Strangers. alſo a ſaving to ſtrangers of all their Right and Title, And that no prejudice be done to them, by this Charter. And this is a good clauſe to be inſerted to declare the Lord Protectors mind, and the true meaning of both ſides. And it is alſo uſuall to add a clauſe to this purpoſe.

That the Incorporation ſhall Not to waſt or miſimploy any thing given to Pious or Charitable uſes. not do any thing, nor the Charter be conſtrued to give power to do any ought, whereby any thing given in the place to pious or charitable uſes may be waſted or miſimployed againſt the mind of the Founders; But that the Charter be conſtrued in advancements of Religion, Juſtice, the publick good, and to ſuppreſſe the contrary.

This clauſe alſo albeit it may Obſerv. be of little operation in Law, yet is fit to be put in for the reaſons aforeſaid.

Such clauſes as theſe are in Not to uſe a Trade, not being Aprentice &c. ſome Charters; That none ſhall uſe the Trade, not having been Apprentice, nor be Apprentice for leſſe then ſeven yeares, nor keep away anothers Apprentice from him, nor get away anothers work and Cuſtomers by ſiniſter meanes under paine of five pound.

As to theſe kinds of clauſes of Obſerv. Truſſell & Norris his caſe, 15 Iac. 10. B. prohibitions to forbid unlawfull things, it is not amiſſe to inſert ſuch, but the paine cannot be impoſed, nor can any ſuch ſumme be ſo impoſed by the Charter.

It is uſuall in theſe Charters to inſert ſuch clauſes of Reſtraint & prohibitions as theſe.

That no Apprentice after he Prohibition to uſe Trade. hath ſerved his time in the place ſhall keep ſhop, or ſet up his Trade, take an Apprentice, or keep a Journy-man, or work as a Journey-man, or, that no Forrainer ſhall ſet up his Trade there, or, that he ſhall not ſet up his Trade without Licence and admittance of the Mayor or Guardians, and Societie of the Trade, or, till he pay ſuch a ſum of money.

Or, that a Forrainer ſhall pay Impoſitions of payment of money where none was before. five pound to the heads of the Corporation before he uſe his Trade, and the like. And theſe the Law doth adjudge to be void. So alſo ſuch clauſes of Charters, as (Coo. 11. 53.) put upon the subject any illegall Impoſition, or charge: As thus, That every one that comes over a bridge there pay a ſmall ſum towards the repaire of it or the like; and ſuch like reſtraints or impoſitions that are againſt the common Liberty of the Subject, all theſe generally are voyd in Law, Stat. 19 H. 7. chap. 2. 22 H. 8. chap. 4. 25 H. 8. chap. 5. So clauſes of Charters that reſtraine a man from that liberey which the Law gives him, or that give a man power to do that which the Law forbids him. It is held therefore that the Lord Protector cannot by his Charter make a man Free of a City, that is not free by the Law and Cuſtome of the place.

So Charters that have Clauſes to give power to impriſon mens bodies, ſet great Fines, ſell mens goods as forfeit, for breaking any Charge of the Charter, or any Ordinance of the Corporation. All theſe and ſuch like clauſes inſerted into Charters of Corporations, are held by Law to be void.

So Charters that give power To pardon Felonies, make Juſtices, &c. to make Juſtices of Peace, or of Oyer and Terminer, pardon Felonies, and the like. Theſe are all illegall and voyd; For they are royall Franchiſes inſeparable from the perſon of the Lord Protector.

So if he grant any thing to the Corporation, that he himſelf hath not, it is void; all ſuch Clauſes are void, therefore not to beinſerted in Charters.

And ſo generally, any thing that being put into an Order or By-law, made by a Corporation, will be againſt Law, and void; the ſame thing being expreſt by way of Prohibition in the Charter, will be of as little force and uſe. All theſe and ſuch like things therefore are warily to be avoided. And yet perhaps ſome of them may be of uſe to be inſerted in a Charter, and may be uſed ſo as to help forward the berter Government of the Corporation, and be no oppreſſion or prejudice to the people of the place.

SECT. VIII.

What Ordinances a Corporation may make.

IT is uſuall to put into the Charter a power to make Lawes and Ordinances to this purpoſe:

And we further grant to them, To make Ordinances. That the ſaid Mayor and Cominalty may lawfully, as occaſion ſhall be, and need ſhall require, aſſemble themſelves together, and make ſuch wholſom and good Lawes and Ordinances, for the better Government, Overſight, and Correction of the ſame City, and the people thereof; and to adde, alter, diminiſh or reform them; as to them ſhall ſeem good, and be thought meet. So as they be not repugnant to the Lawes of the Nation, againſt the publick and common good of the people within or without the ſame City.

Upon which Clauſe, we obſerve theſe things:

1. That this Clauſe of giving Obſerv. power to make By-laws, is not neceſſary to be inſerted in the Charter; For by the very Act of Incorporating, this power is given.

2. The Clauſe of addition, Obſerv. that they may not make Ordinances repugnant to the Lawes, &c. is idle, and to no purpoſe. For the Law doth underſtand that, and it is included, and ſuch By-lawes made by a Corporation, are void by the very Common-Law.

But for the further clearing of this Point, theſe things are to be known:

1. It is provided by an Act of Parliament, 19 H. 7. chap. 7. That no Maſters, Wardens, and Fellowſhips of Crafts or myſteries; Or Rulers of Guylds or Fraternities; ſhall make and put in ure any Order or Ordinance by them made in diminution of the King's Prerogative, or againſt the Common profit of the people, not confirmed by the Lord Chancellour, Lord Treaſurer, Loras Chief Iuſtices of the two Benches, or three of them, or by the two Judges of Aſſize of the County where the ſame Corporation is, under pa • of 40 l. For the underſtanding whereof, theſe things are to be known:

1. That an Order or By-law, made by a Corporation, not againſt the Prerogative of the Lord Protector, or profit of the people, is good, without any ſuch Confirmation.

2. That all By-laws by them made againſt the Liberty and Freedom of the People, as, to forbid, or Reſtrain Trade, Impoſe Taxes or Burdens of payment on the people, where the Law doth not impoſe them; to bind a man's Inheritance, to reſtrain men from ſuing in what Court they pleaſe, or to enhance the prizes of Commodities to the hurt of the publick, and private advantage of the place, are void. Nor can they annex to a good Ordinance, a penalty of Impriſonment, or Forfeiture of goods bought or ſold.

3. No Clauſe in the Charter to this purpoſe can help or make ſuch an Ordinance good. Nor will any Confirmation of Lords or Judges make ſuch an Ordinance or By-law good.

4. But a Corporation may make ſuch By-laws and Orders, as any Town, Pariſh, or Neighbourhood of men by the very Common-Law may make, by a general conſent for the better Government of themſelves, and common good of the place. And if it be for the publike good, not onely of the place, but of the Countrey; as for the repair of their Churches, Bridges, Highwayes, or the like; there the greater part may bind the leſſer part of them. And in this caſe, upon diſobedience, it is good to appoint the penalty to be given to the Corporation, and to be leavied by diſtreſſe and ſale of the goods, and an apt Officer to do it; as the Church-Wardens for the Church money, and Surveyors for money for the Highway, or how they will. And upon ſuch an Order made by general conſent, the Officer may do it, and juſtifie it accordingly. But they cannot, by this, charge any ſtrangers that dwell without the Town. Alſo by Cuſtome and Preſcription they may perhaps go further, and do more, where, time out of mind, they have uſed ſo to do; as in London, and ſome other ancient Corporations, they may by Cuſtome or Preſcription juſtifie the doing of ſome things againſt common Right. So, a Cuſtome, That a Forreiner within the City ſhall not ſell things by Retale, is good. So alſo, if it be that he ſhall not ſell ſo, under pain of 5 l. But this is not good by way of Charter. And therefore Cities which are incorporate within the time of memory, cannot have ſuch priviledges without Parliament. Coo. 8. 125. Dyer 279. But an Ordinance made amongſt themſelves in purſuit of ſuch a Cuſtome, may be good and binding. But otherwiſe, an Ordinance made to ſuch a purpoſe, will be utterly void.

5. Alſo a Corporation may make any Reaſonable Orders and By-laws for the better Government thereof, in the ordering of the Common. Council-Officers and Members; And for the better ordering of the Trades and Myſteries, and other matters amongſt them, either by a common conſent, and voluntary ſubmiſſion of the whole, or by their Council, according to their Charter of Conſtitution.

6. They may alſo make any Orders in purſuance, and for the better execution of the Lawes and Statutes of the Nation, and to prevent deceit, as for the better ordering and Government of Trade, and the like. And all theſe will be good, without any Confirmation of Lords or Judges. Coo. 5. 63. Hobbard Rep. 211. Coo. 11. 53. 11 H. 7. 14. 44. Ed. 3. 19. Coo. 10. 30.

We ſhall now lay down ſome Examples of Caſes, to prove and illuſtrate theſe Rules and Differences.

An Ordinance was made, Coo. 8. Caſe of the City of London. That no perſon, not a Free-man, ſhall directly or indirectly by himſelf or other, keep ſhop or any place whatſoever for ſhew, or putting to ſale any Merchandizes whatſoever by way of Retail, or uſe any Trade, Myſtery Dr. Bonham's Caſe. Coo, 8. 115. &c. or Occupation, for their gain or ſale in the City of London. And it was agreed, That this Ordinance was not good there, if they have not a Cuſtome and Act of Parliament to warrant it. And therefore a Charter granted to this purpoſe to any City is not good. And Coo. 8. 125. The Caſe of the City of London. it is ſaid, That no Corporation made within the time of memory, can have ſuch a priviledge by Charter onely, unleſſe it be confirmed by Parliament. So that goods forreign bought, and forreign ſold, ſhall be forfeit to the Mayor, &c. as in York is a good Cuſtome, but this priviledge cannot be created by Charter: So that a Corporation ſhall have the ſole Trade of Caſe of the City of London. making and Importing of playing Cards, is not good.

Hen. 6. granted to Corporation of Dyers in London power to ſearch, &c. And if they find any Cloath dyed with Logwood, that the Cloath ſhall be forfeit. It was adjudged, Auſtin's Caſe. that by a Charter no Forfeiture can be made of the goods of a Subject.

An Ordinance was made, That no perſon uſing any of the ſaid Trades within the village of Ipſwich, ſhal keep any ſhop or chamber, or uſe the ſame Trades, or Coo. 11. 53. Taylor of Ipſwich's Caſe. any of them, or take an Apprentice or Journeyman to work, till they have preſented themſelves to the Maſter and Guardians of the Society for the time being, or three of them, and made proof, that they have ſerved ſeven years as an Apprentice, and before that he be by them allowed to be ſufficient Workman, under pain of 5 Marks to be forfeit to the Maſters and Guardians. It was adjudged to be an unlawfull Ordinance, and void. And theſe 4 points were agreed upon by the Judges, in that Caſe. 1. That at the Common-Law none may be prohibited to exerciſe any Trade, although he hath never been an Apprentice to it, or be ignorant. But that if he miſdoe any thing in it, an Action of the Caſe lyeth. 2. That this Ordinance or ſo much thereof as is not prohibited by the Statute of 5 Eliz. is againſt Law; for after ſeven years Apprentiſhip, he may exerciſe his Trade without allowance of any. 3. That the Statute of 5 Eliz. doth nor prohibit the private exerciſe of any Trade in a Family; this is therefore out of the Ordinance. 4. That the Statute of 19 H. 7. cap. 7. doth not corroborate any Ordinance againſt Law, albeit it be allowed according to that Statute. But the allowance diſchargeth the penalty of 40 l. for the putting of ſuch an unlawful Ordinance in uſe.

A Corporation regularly cannot impoſe de novo, a ſmall payment on the people, But by help of a Cuſtome or Preſcription for it, as in London it may be good. And ſuch a reaſonable Ordinance may be made, and a penalty or Fine ſet that is reaſonable, for breach of it; And appoint, that there ſhall be a diſtreſſe taken, or Action of debt brought for it; this may be good. Taylor of Ipſwich's Caſe. Coo. 5. 63.

But they cannot annex Impriſonment, nor a Forfeiture of Goods bought or ſold; for this is againſt Law.

The Company of Merchant-Taylors in London made an Ordinance, That every brother of the ſame Company that ſhall put any Cloath to be dreſſed by any Cloathworker not being a brother of the ſame Society, ſhall put the one half of the ſame Cloath to ſome brother of the ſame Society, that doth exerciſe the Art of Cloath-working under pain to forfeit ten ſhillings, and to diſtrain for it: It was adjudged void, and againſt the liberty of the Subject, that one may put his cloath to dreſſe where he will, and may not be reſtrained from it. Coo. 11. The Caſe of Monopolies.

The Common-Council in London Ordain, That the Bricklayers ſhall not be Plaiſterers with Lyme and Hair, but with Lyme and Sand, under pain to forfeit fourty ſhillings: And that the Lyme and Hair belongeth to the Plaiſterers. This was reſolved by the Court to be a good Ordinance; for it is for the ordering, and not the deſtruction of Trade; For (for any thing appeareth) it is indifferent to which of the Trades it doth belong, and ſo the Ordinance doth but determine the Queſtion amongſt the Companies. But if the dawbing with Lyme and Hair belong to the Bricklayers then by the Chief Juſtice it is otherwiſe.

Goodyer brought an Action of B. R. 21 Iac. Treſpaſſe for an Aſſault and Battery, and wounding of his Servant, and taking 12 platelocks, againſt Shaw. The Defendant Shaw pleaded not culpable to the Aſſault and Battery, and Wounding; and as to the taking away of the Locks, he pleaded a ſpeciall Plea of Juſtification, by vertue of Letters Patents of Incorporation granted to the Lockſmiths of Durham, by Cutbert Biſhop of Durham, who had Iura Regalia within the County Palatine of Durham, and that by vertue of this Charter, the Locks being not good, he as Warden of the Company did take them. To this Plea the Plaintiff demurred, and for cauſe it was ſhewed, that it appears not by the Plea, that the Blackſmiths are a Corporation created by the Biſhop, but onely that the Cuſtomes uſed amongſt them in order to the Regulating of their Trade, were confirmed by the Biſhop, which doth not make them a Corporation. Plow. F. 199. Longquint. F. 40. 41. 2. It doth not appear by the Charter, that they have any Authority to take away illmade Locks; and therefore Judgment was prayed for the Plaintiff. Rolls Chief Juſtice ſaid, That here doth not appear any Order made by the Corporation to take away the Locks, and therefore it was done without Warrant, though the Corporation had ſuch a power. But beſides, it will be very hard to maintain the Lockſmiths to be a Corporation, becauſe the Biſhop confirmed their Orders. Therefore let the Plaintiff have his Judgment. Niſi. Stile's Reports. 298.

The Corporation of St. Albons, when the Term was to be there, rated all the Inhabitants and Burgeſſes a ſmall ſumme to build Courts; and Ordained, That if any Burgeſſe refuſed, he ſhould be Impriſoned: And it was adjudged to be nought: But reſolved, That they might Coo. 5. 64 have inflicted a reaſonable penalty, and appointed it to be levied by diſtreſſe; or that an Action of Debt might be had for it.

A By-law was made to this purpoſe, That Commodities be ſould on the Marketday in publick, and not in private and ſecret; it ſeems is good, and no Preſcription againſt it ſhall be admitted good. For in London this Ordinance was made, That if any Citizen, Freeman, or Coo. 51. 62. Stranger within the ſaid City ſhall put any Broad-cloath to ſale within the City of London, before it be brought to Blackwell-Hall to be viewed and ſearched, ſo that it may appear to be vendible, and before there be a penny paid for hallage for every cloath, that he ſhall forſeit for every cloath 6 s. 8. d. and that the Chamberlain ſhall have his Action of Debt; for it was adjudged good here. And there it is ſaid, That the Aſſeſſing of a ſmall ſumme by an Ordinance, when it is for the publike good, and not the private gain of the place, where the ſtranger hath more profit then loſſe, is good. And ſo perhaps a ſmall ſumme for Ponrage, Murage, or Toll, may be put where it is more benefit than loſſe to the people. But Quere of this, and ſee 13 H. 4. 14. 44 Ed. 3. 19. 8 Ed. 2. Tit. Aſſiſe. 21 Ed. 4. 54. 11 H. 7. 13. 21 H. 7. 21. 40.

Robert Norris, and Thomas Truſsells, Wardens, and the Society of Weavers in the Burrough of Newberry, in the County of Berkſhire, brought an Action of Debt for five pounds, againſt Iohn Stapes, and declared, That Queen Eliz. by her Letters Parents, 14 Octob. An. 44. at • he requeſt of the Inhabitants there uſing the Art of Weaving; and to the intent that Corruption therein might be taken away and avoided, &c. did grant to all Weavers within the ſaid Town to be a Body Politick, by the name of the Wardens and Society, &c. as before, and to have perpetuall Succeſſion, and a power to purchaſe, to plead, and to be Impleaded: And alſo power to make Lawes and Ordinances agreeable to Reaſon, and not in any wiſe contrary and repugnant to the Lawes and Statures of the Realm, for the well government of the Society, Apprentices, and Servants, and all uſing the Trade of Weaving or ſelling any thing thereto belonging within the ſame Burrough, And power to inflict puniſhment by Impriſonment, Fine, or Amercement upon the offenders. And Granted further, That the ſaid Wardens and Society ſhall have the ſurvey of thoſe Lawes, and the benefit of the Forfeitures; And that no other perſon, born within or without the ſaid Burrough, ſhall exerciſe the Art of Weaving within the ſaid Burrough, if he ſhall not be admitted thereto by the Wardens and Society. And they recite the Act of 19 H. 7. Cap. 7. of not putting of any Law or Ordinance in execution, before it ſhall be allowed by the Lord Chancellor, Treaſurer, and two Chief Juſtices, or three of them, or before both the Juſtices of Aſſize in their Circuits, upon pain of forfeiting fourty pounds. And ſhews, that one Cuthbert Goodwin, and Iohn Hame, Wardens of the ſaid Society, with the greater part of the ſaid Society, I Maii. 45 Eliz. at the Guild. Hall within the ſaid Burrough, made divers Lawes and Ordinances for the better Government of Weavers; And that the 18 Novemb. 1. Iac. the ſaid Orders were confirmed by the Lord Chancellor, Lord Treaſurer, and Lord Anderſon, one of the Chief Juſtices; among which, one was, That none ſhould uſe the Art of Weaving within the ſaid Burrough, or ſhould have any Loom in his houſe or poſſeſſion, to have any benefit thereby, unleſſe he had been an Apprentice to the ſaid Art within the ſaid Burrough, for the ſpace and term of ſeven years, or had uſed the ſaid Art within the ſaid Burrough for five years before the making of the ſaid Ordinance, or ſhall be admitted thereto by the Wardens and Society, upon pain of forfeiture for every moneth twenty ſhillings. And they further ſhew, That after the ſaid Ordinance made and confirmed, the Defendant (ſuch a day) before his inhabiting in the ſaid Burrough; and after (ſuch a day) that one William Goodwin being then Warden of the Weavers, gave notice to the Defendant of the ſaid Ordinance. And that he afterwards, &c. during five moneths continued uſing the ſaid Trade there: And that he had two Looms in his poſſeſſion, where he had not been an Apprentice, nor uſed the ſaid Art for five years, as before, &c. by which he forfeited to them five pounds, viz. for every moneth twenty ſhillings. The Defendant pleaded, Nil debet and after Verdict for the Plaintiff, it was moved in Arreſt of Judgment, that this Ordinance was not reaſonable. And upon Arguments and Conference, without Arguments at the Bench, it was agreed, That the Ordinance was againſt Law; and Judgment againſt the Plaintiffs.

And Lord Hobbart in Hil. 15 Iac. declared, that we were all of opinion, that Judgment ſhould be given againſt the Plaintiffs: And he repeated the Caſe, and the reaſons of this Judgment, becauſe the Ordinance was, That none ſhould uſe the Trade of Weaving, nor have any Loom in the Town, unleſſe he had ſerved, &c. before the making of this Ordinance; ſo that all Apprentices which ſerve after, ſhall be excluded, unleſſe they ſhall be admitted by them, which is unreaſonable: And the Plaintiffs do not convey to themſelves any good Title to be Wardens. But as to the principal point of making ſuch a reſtraining Ordinance, the Court did not deliver any opinion.

The City of London made a By-Law, That none of ſuch a Trade ſhould take to his Apprentice the ſon of an Alien: And if he did, That the Obligations and Covenants made between them, ſhould be void. It was adjudged a void Order, and that the Covenants and bonds of binding that Apprentice were good. Dogrell. verſ. Powks. Trin. 37. Eliz.

The Preſident and Cenſors of the Colledg of Phyſitians in London, by colour of Letters Patents of H. 8. and 1. M. Fined and Impriſoned Doctor Bonham, for practiſing of Phyſick in London without their allowance, (the Fine to be paid to them) and for contempt made to the Colledg; Whereupon he brings an Action of falſe Impriſonment; And it was adjudged for him. And in this Caſe reſolved;

1. That in this Caſe they have no power to puniſh by Fine and Impriſonment, thoſe who practiſe without their Licenſe, but thoſe practiſers who miſ-adminiſter Phyſick.

2. Admitting they have power given them, yet they have not purſued it according to the Statute and Patent. Coo. 8. 14. Doctor Bonham's Caſe.

An Ordinance made by any Maſters, Wardens, or Fellowſhips of any Crafts, or Rulers of Guilds, or Fraternities, That every Apprentice ſhall pay at his firſt Entry into the Common-Hall, into the Wardens of the ſame Fellowſhip for his Entry into the Fellowſhip, above two ſhillings ſix pence; or for his Entry when his Term is expired above three ſhillings four pence, is againſt Law by the Statures of 19 H. 7. 7. 22 H. 8. 4. 28 H. 8. 5. So an Order, that they ſhall not ſet up after they have ſerved their time, and are Free-men, or open any Shop, Houſe, or Cellar; or occupy as Free-men, without the Agreement or Licence of the Maſter, Warden, or Fellowſhips of the Company. This Ordinance is void by the Statute of 28 H. 8. chap. 5.

So that every ſuch Apprentice ſhall make Oath, or enter into Bond to the Warden, &c. not to ſet up ſhop otherwiſe. Stat. 28 H. 8. 8.

It ſeems then by theſe Caſes, That if a By-law be made by Victuallers Incorporate and by Compact not to ſell their Victualls but at certain prices; or if the Corporation be of Artificers, Workmen, or Labourers, And they conſpire and make a By-law, to work to ſuch a proportion, or ſuch a Rate; that this is void. Stat. 2. and 3 Ed. 6. 15.

So an Ordinate to reſtrain Maſons, Carpenters, Brick-layers, Plaiſterers, Joyners, Hardewers, Sawyers, Tylers, Paviers, Glaſiers, Lyme-burners, Brick-makers, Tile-makers, Plummers, or Labourers, Strangers that are not Free-men there to work in the place, except it be in the City of London, is not good. Stat. 2 & 3 Ed. 6. 25. But Ordinances made upon purſuance of the power they have by divers Acts of Parliament, as about Victuallers, the Aſſiſe thereof, Gauging of Barrels, Maulſters, and the like, theſe being wiſely penned, may be good. So ſuch as are made for the Order and Government (which is for the furtherance and Increaſe) of Trade, may be good. Coo. 5. 63.

SECT. IX.

Some other general Rules, needfull to be known about a Corporation.

A Corporation is a Body onely in conſideration of The Nature and capacity of it. Law, and not like to a naturall Body, for it cannot commit Treaſon, be Out-Law'd, Excommunicate, appear in perſon in a Court, be Sworn, Dye, and other ſuch like Acts which a natural body may do; yet may it give and grant, have, and take, ſue, and be Sued. Coo. 10. Suttons Hoſpitals Caſe.

2. The Members of a Corporation have a double Capacity; for they retain, as their naturall Bodies, ſo the naturall capacity thereof ſtill, to do and be done unto, have and enjoy in that capacity as they did before they were Members of the Corporation: The capacity of the ſingle Members of it. And ſo they may diſpoſe of that Eſtate they have in their natural Capacity as they did before; And if ſuch a Member dye ſeized of Land, it will go to his heir: if poſſeſſed of Goods and Chattells, they will go to his Executors, or Adminiſtrators, and not to the Corporation. And as they are Incorporate Double Capacity. with the reſt of the Corporation, they are in another capacity; ſo that if they have any Lands, Goods, or Chattels with the Corporation, they alone cannot diſpoſe of it; And if they dye, it will not go to their Heirs, or Executors, but to the Corporation. And ſo they may ſtill do, ſuffer, or be done unto in either of theſe capacities. Yea in a diverſe capacity, they may act under the ſame Corporation; ſo one Member of the Corporation in his naturall capacity, may be a Bayliff or Atturney, may make a demand of Rent or Entry into Land, for the ſame Corporation whereof he is part. Yea a Grant or Leaſe made by the Corporation in the Politick capacity, to one of the members thereof in his naturall capacity is good. Yea, if any one of the members of a Corporation be ſeized of land in his own right, and in his naturall capacity, he may make a Feoffment of this land to the ſame Corporation whereof he is a member. And ſo a man in a diverſe capacity may both give and take at once. 10 H. 7. 16. 5 H. 7. 26. Broo. Corp. 4. Perk. 11.

2. A Corporation cannot be How to be known. without a lawfull commencement; it hath a common Seal, and the head or heads thereof, is or are commonly eligible, and not preſentable. Dyer. 81.

4. One Corporation cannot make another, and yet many leſſer Corporations may be made One Corporation cannot make another Corporation. within a greater, as in London, and other Cities. Broo. Corporations 45, 46.

5. A Corporation may change its name, and continue good, and Change its Name. it may perhaps have two names given it, the one after the other. but if it buy or ſell, ſue or be ſued, it is beſt to be done by the new name. And yet perhaps it may be good enough by the one, or by the other name. Broo. cap. 3.

6. The Head alone without How it may act. the Members, or the Members alone without the head of a Corporation aggregate regularly, cannot act any thing about the diſpoſall of the revenues of their Corporation, eſpecially in that wherein there may be a prejudice to the Corporation; but there muſt be an unanimous conſent in it, and it muſt be done by their common Seal. And no Act otherwiſe done by the one party without the other, for the paſſing of their Lands, or for acceptance of Rent, or the like, will bind the other party. Coo. 11. 79. Plow. 91. 5. H. 7. 25: Perk. Sect. 30. 32. 6, 7.

7. A Corporation may have, What it may have enjoy, and retain, Lands, Goods, and Chattels, and have debts by bonds, and take and hold, and make uſe of engagements, as a body naturall may do, with this difference. That all that which the Corporation hath, doth go in ſucceſſion to the whole Corporation. But if any engagement be to one of the members, or he have any private eſtate, this will go to his heirs, and Executors. But for lands purchaſed by a Corporation, for the enjoyment thereof, it muſt be ſure it hath in their Charter a Licenſe, to hold land in Mortmain; otherwiſe the Lord Protector may by Law have it from them, as forfeit to him.

8. The Head and Members Grant by or to it of a Corporation aggregate, may all together under their Common-Seal make a Feoffment, or Leaſe of the Land belonging to the Corporation, to whom they pleaſe: but if they make a Fe. offment, they muſt make Livery and Seiſin by Letter of Atturney, under the Common-ſeal, or they may grant by fine the lands of their Corporation, as the members of the Corporation may grant their own land by fine. Plow. 535. 538. Leaſes made by Spiritual perſons Incorporate.

But the perſons Corporate in Colledges or Halls in either of the Univerſities, or elſewhere, the Maſters or Guardians of Hoſpitalls, cannot make any Leaſes for longer time then for three lives, or 21 years. And theſe things are requiſite to be obſerved in the making of theſe Leaſes alſo; otherwiſe they will not be good:

1. The Leaſe muſt be of Lands manureable, and corporall, whereof a Rent may be reſerved, and not of any thing that doth lye in grant. Such is an Advowſon, Marker, Fair, Portion of Tythe, or Rent out of lands, albeit it be made for three lives, or one and twenty years, yet it is not good.

2. Such Leaſes muſt be by Deed Indented, and not by Word onely, or by Deed-Poll onely.

3. They muſt be made to begin from the time of the making thereof. And therefore a Leaſe made by ſuch a Corporation to begin from Michaelmas, which ſhall be three years, for 21 years; Or a leaſe made to begin after the death of the head of the Corporation, for twenty one years, is not good. But if a Leaſe be made from the day of the date of the Leaſe, this is good. Coo. 5. 6. Dyer 246.

4. If there be an old or former Leaſe in being of the Land, the ſame muſt be ſurrendred or expired within a year of the time of making of the new Leaſe. And this ſurrender muſt be abſolute, and not conditional; alſo it muſt be reall, and not illuſory, and in appearance onely. Coo. 5. 2.

5. There muſt not be a double or concurrent Leaſe in being at one time, as if a leaſe for years be made according to the Statute, the Colledg cannot afterwards expulſe the Leſſee, and make a Leaſe for lives, or another Leaſe for years, according to the Statute, nor é converſo. But if a Leaſe for years be made to one, and afterwards a Leaſe for life is made to another, and a Letter of Attorney is made to give Livery of Sciſin upon the Leaſe for life; and, before the Livery made, the firſt Leaſe is ſurrendred; in this caſe the ſecond Leaſe is good. Coo. 52. and Spark's Caſe, Trin. 4. Iac. B. R.

6. Theſe Leaſes muſt not exceed 3 Lives, or 21 years from the time of the making of them. And therefore a Leaſe made by the Eccleſiaſtical Corporation, of the Lands they have in right of their Corporation for 22, or 44 Years, or for 4 lives, is void; and that not onely for the Overplus of time over the three lives or 21 years; but it is void for that time alſo. And it hath been reſolved, That a Leaſe made by them for 99 years, if three lives ſo long live, That this Leaſe is not good. Nor will it help to make the Leaſe good, if one of the 4 lives where it is ſo made, dye before the Head of the houſe dye, nor any ſuch after-Accident. But a Leaſe made by them for a leſſe time, as for 20 years or two lives, is good.

7. It muſt be of Lands or Tenements which have been moſt commonly let to Farm, or occupied by the Farmers thereof, by the ſpace of 20 years next before the Leaſe made: ſo as if it have been letten for 11 years at one or ſeveral times within 20 years before the new Leaſe made, it is ſufficient. And albeit the letting of it have been by Copy of Court. Roll, yet ſuch a letting in Fee for life or years is a ſufficient letting. And ſo alſo is a letting at Will by the Common-Law. Coo. 6. 37. Dyer 271.

8. There muſt be reſerved upon ſuch Leaſes yearly, during the ſame Leaſes due and payable to the Colledges or houſes in Succeſſion, ſo much yearly Farm or Rent, or more, as hath been moſt accuſtomably yielded or paid for the Lands, and within 20 years next before ſuch Leaſe made. And therefore if the Rent be reſerved for part the time of the New Leaſe onely, this Leaſe is void. And if the Colledge have 20 acres of Land that hath been uſually letten, and make a Leaſe of theſe 20 acres, and one acre more never let, and adde ſo much Rent as this acre comes to, it is void. So if it have two Farms, at two Rents, one 20 l. the other 30 l. and leaſe them both at 50 l. Rent; this is not a good Leaſe. But if upon the former leaſes ſome other things have been added as Heriots, Fines or profits at the death of the Farmers, or profits out of another's ſoyl, and this be omitred in the New Leaſe, the New Leaſe may be good notwithſtanding. And if the new Leaſe have more Rent reſerved upon it, then the old Leaſe had, it is good enough. And if the old Rent were all or part of it in Corn, the New Leaſe muſt be ſo alſo, or it will not be good, And by 18 Eliz. 6. in Colledges in the Univerſities, a third part is required to be reſerved in Corn upon all ſuch Leaſes. But this will not ſuffice, where anciently more was reſerved in Corn. And if the old Rent wore reſerved at four dayes in the year, the New Leaſe muſt be ſo alſo; for to reſerve it payable at one or two dayes, is not good. And if the old Rent be in Gold, it ſeems the New muſt be ſo alſo. If it be a Mannor that is let, and the Rent be 10 l. and after a Tenancy Eſchear, and the New Leaſe of the Mannor hath but 10 l. reſerved, it ſeems this is good. But if the houſe purchaſe the Tenancy, it is doubted. Coo. 5. 6. 8. and 6. 37.

9. Such Leaſes muſt not be without impeachment of Waſt; for if it be, it is void. So if a Leaſe be made by the houſe to one for life, the Remainder to another for life, it is void; for this is in effect during the life of him in Remainder, without Impeachment of Waſte.

10. Theſe Leaſes muſt have all due Ceremonies, as other Leaſes have to make them good; as Livery of Seiſin, Attornment, or the like. Coo. 7. 7. And then are theſe Leaſes made by theſe Colledges, &c. good, when they are ſo made, and with theſe proviſoes, not otherwiſe. But if they be otherwiſe made, they are good againſt the preſent Heads of the Colledges that made them, ſo long as they continue there. But they are voidable, and may be avoided by their Succeſſours. Coo. upon Litt. 45: 329. Stat. 13 Eliz. 10. Dyer 356. Coo. 2. 46. & 6. 37. & 11. 67. & 3. 76. & 5. 14.

9. The Head and Members together of a Corporation, may have or take Lands or Goods by the Grant or gift of others, as a Natural Body may do; But if they take it by Feoffment, it muſt be by warrant to an Attorney to take it under the Common Seal. Alſo a Corporation may take Land by Fine. Coo. 10. 67. 5 H. 7. 25. Plow. 535, 538.

10. But a Corporation muſt Common Seal without Writing, it can do nothing. alwayes give and grant in writing, and by their Common-Seal, or their Grants will not be good. For a Corporation cannot give or grant the Lands of the Corporation for years, or a Rent out of the Lands for any time, or grant an Annuity, or enter into Covenants or Bonds, or give or ſell the goods of the Corporation, but by writing under their Common-Seal. And it is a general Rule, That nothing may be done by a Corporation, that doth concern the whole Corporation, but it muſt be done by Deed under the Common-Seal. And therefore however perhaps it the Head of it, or the whole Corporation together make any Contract for neceſſary proviſion, for the uſe of the whole, which is employed accordingly; or retain a neceſſary ſervant, as Baker, Brewer, Butler, or Cook, from year to year; or give a power to enter into Land, or demand Rent or other ſmall matter, for the advantage of the Corporation, by word, or writing, without Seal, haply ſome ſuch Acts may be good; yet it is doubted, and is not ſafe: For the general and conſtant opinion is, That no Contracts, Bills, Bonds, Granting of Offices, as of Stewards of Courts, Bayliffs of Mannors, Retainers of Servants, as Bakers, &c. no Deputation, Grant of Power, Licenſe, Contract, Agreement or Authority given by them, is or can be maintained in Law to be good, but what is under their Common Seal. 7 H. 7. 9. 4 H. 7. 6. 13. 19. 12 H. 7. 27. 13 H. 7. 17. 2 R. 3. 7. Plow. 91. 92. Dyer 102. Coo. 6. 38. Coo. 11. 79. Coo. 10. 67. Perk. 14. Broo. Abridgment Corporation throughout.

11. The Grant of a Corporation will bind the Succeſſours, though they be not named in the Grant. Plow. 457.

12. A Corporation cannot be Seiſed to uſes. ſeiſed of Land to other uſes. Coo. 10. 24.

13. A Corporation Civill Barred by Fine. aggregate, as Mayor and Cominalty, and the like, may be barred and concluded by a Fine and Non-claim, as a Body naturall may be. But otherwiſe it is of a Corporation Spirituall or mixt, ſuch as Colledges, Hoſpltals, and the like; For they cannot be hurt by it. Stat. 13 Eliz. chap. 10. Coo. 11. 71. Plow. 367. 538.

14. A Corporation may ſue Sue and be ſued. and be ſued, as a Body naturall may be; but care muſt be had, that it ſue and be ſued by the right name of it whereby it was Incorporated. Coo. 10. 29.

15. If a ſumme of money be Money levied upon it. to be levied on a Corporation, it may be levied upon the Mayor or chief Magiſtrate, or upon any Member of the Corporation. By Chief Juſt. Rolls, in B. R. Hill. 1652.

16. If Land holden of H. had been given to an Abbot and Corporation diſſolved, the Lands revert. his Succeſſours, (or to any other Corporation) if the Abbot and all the Convent had dyed, ſo that the Corporation had been diſſolved, the Donor, and not the Lord, by Eſcheat ſhould have had the Land again. Coo. Inſt. Part. 1. 13.

17. If the King had given Lands to a Mayor and Cominalty, and their Succeſſours, to be holden by Knights-Service; in this caſe the Pattentecs ſhould not have done homage, neither ſhould there have been any Wardſhip or Relief, onely they ſhould have found a man, &c. or pay Eſcuage. But if they had conveyed over their Land to any naturall man, and his heirs; now the Ward, Marriage, Relief, and other Incidents belonging thereunto, (before they were taken away) had been Revived. Coo. Inſt. Part. 1. 70. 6.

18. If any Corporation ſhall oppreſſe any of the people under their power, by Impoſition of unjuſt Rates, the making and execution of unreaſonable Ordinances, See the Act of 5th of September, 1649. For the Oaths of Mayors, &c. the Impoſition of unjuſt Oaths, or by forcing men in the taking of an Oath, to uſe the Ceremony of putting their hands on the Bible, which men now may not be forced to; but they may if they pleaſe take it by the lifting up of the hand onely: And if they ſhall upon this account ſet any Fine upon any man, impriſon his perſon, or diſtrain his goods, (the which in ſome Corporations have been done) or they ſhall by any ſuch like means grieve the people; the party grieved hereby may have his Relief by Complaint in the Upper-Bench.

19. A Corporation may be diſſoved by Parliament. And it ſeems it may not be diſſolved otherwiſe. Yet ſee Dyer 100. Coo. Inſt. Part. 1. 13.

FINIS.

THE FORMES AND PRESIDENTS OF Charters; Concerning CORPORATIONS.

WITH The chief Matters that are uſually contained in them.

LONDON: Printed by I. Streater, for Thomas Dring, and H. Twyford, MDCLIX.

THE FORMES AND PRESIDENTS OF CHARTERS, CONCERNING Corporations.

OLIVER, Lord Protector of, &c. Conſideration of Inducement. Whereas our City of N in Our County of N. is a very antient City; and the Citizens of the ſaid City have antiently been a Body Politique and Corporate; and, from the time whereof the memory of man is not to the Recitals. contrary, the Citizens of Our ſaid City have held, uſed, and enjoyed, as well within the ſame, as elſewhere in England, divers and ſundry General works. Rights, Royalties, Liberties, Priviledges, Franchiſes, Free-cuſtomes, Juriſdictions, Preheminencies, Advantages, Emoluments, and Immunities, as well by Preſcription, as by ſundry Charters, Letters, Patents, Grants, and confirmations of divers Kings and Queens of England. And whereas divers Mannors, Lands, Tenements, and Hereditaments, Juriſdictions, Liberties, Immunities, and Priviledges, have heretofore been given and granted, or mentioned to be given and granted to the Citizens and Inhabitants of our ſaid City, ſometimes by the Names of the Citizens, of the City of N. Sometimes by the Name of the Maior and Citizens of N. Sometimes by the Name of the Maior, Bayliffs, and Commonalty of the city of N. Sometimes by the Name of the Maior and Commonalty of N. Sometimes by the Name of Maior, Aldermen, and Commonalty of the city of N. And by divers other Names; as by their ſeveral Letters Patents, Charters, Grants, Writings, and Muniments, (amongſt other things) may more fully appear. And whereas ſince the taking away of Arch-Biſhops, Biſhops, Deans, Deans and Chapters, by Authority of Parliament, the Maior and Commonalty of our ſaid city of N. by the name of Maior and Commonalty of Our ſaid city, have, at their great charge, purchaſed to them, and their Succeſſors, (amongſt other things) a Tenement within the ſame city, commonly called Guild-Hall, together with the Priſon, and Priſon-houſe there (being Guild-hall. Priſon. part of the ſaid Guild-Hall) with their Ap • urtenances, late parcel of the poſſeſſions of, and belonging and appertaining to the late Biſhops of N. And alſo all Waſtes lying, and being within the ſaid c • ty; and all Fairs and Markets uſually holden, and taken and kept within the ſaid City, and the benefits and profits, Commodityes and advantages thereof. And all, and Courts. all manner of Courts, Court-Leeres, views of Frankpledge, and whatſoever thereunto belongeth, Courts-Baron, and Courts of Pleas, and all other Courts uſually holden and kept within the ſaid City. And all Fines, Iſſues, and Amercements, as well at the ſaid Courts, and every of them, as at the Aſſiſes and Seſſions of the Peace, Fines Iſſue Amercements. holden and to be holden for the County of W. and payable, or happening from time to time to be payable by any of the Inhabitants of the ſaid City, and the Power and Priviledge to hold and keep the aforeſaid Courts, and every of them from time to time. And to Award and Iſſue the accuſtomed Writs, and Proceſs to be awarded, out of the ſaid Courts, which ſhould from thenceforth beare Teſte in the name of the Major of the ſaid City for the time being, and the ſaid Courts to be kept by the ſaid Major, or Recorder, or by the Steward or Bay liffe of the ſaid Major and Commonality, and their Succeſſors for the time being, and ſuch other Officers of the ſaid Mayor and Commonality, and their Succeſſors for ever to be from time to time attendant upon the ſaid Courts, to ſerve and execute the Writs and Proceſs, and other matters and things in the ſaid Courts, as were uſually attendant upon the ſaid Courts in the time of the ſaid late Biſhops of N. And power to diſtraine Diſtreſſe. for all Rents and ſummes of money, payable by reaſon of the ſaid premiſſes and all other remedyes and meanes for the having, receiving, levying and enjoying the ſaid premiſſes, and every part thereof. And alſo all Waives, Eſtrayes, Deodands, and goods of Felons, happening and Waives, Eſtrayes, &c. being within the ſame City. And all ſumme and ſummes of money to be paid as a Poſt-Fine, or Poſt-Fines upon any Fine or Fines, from time to time to be levied of any Lands, or Tenements Poſt-Fines. within the ſame City. And all Lands, Tenements, Mills, Meadowes, Rents, Courts, Faires, Markets, Royalties, Services, Annuityes, Libertyes, Franchiſes, Priviledges, Immunityes, and other poſſeſſions, and Hereditaments whatſoever, of what nature or condition whatſoever, ſcituating lying and being, happening, ariſing, or comming The Biſhops Lands. within the ſaid City of N. and the Libertyes thereof, which at any time within 10 years before the beginning of the Parliament (begun the third day of November, 1640) were belonging to the late Biſhop of N. or his Predeceſſors late Biſhops of N. or his Aſſignes, as parcell of the poſſeſſions of the late Biſhoprick of N. As by their deed of Purchaſe thereof, bearing date the 17th day of November, 1647. and in the 23. yeare of the Raign of the late King Charles, and inrolled of Record in our Chancery at Weſtminſter, in our County of Middleſex may more fully appeare. All and every which premiſſes in the ſaid Deed of Purchaſe ſpecified, were (amongſt other things) by the ſaid late King Charles (by and with the advice of the Parliament of England then ſitting at Weſtminster aforeſaid) confirmed to the ſaid Mayor and Comonalty of our ſaid City of N. and their Succeſſors, by the Letters Pattents of the ſaid late King Charles, under the great ſeale of England, bearing date at Weſtminſter the 19th. day of Ianuary, in the 24. yeare of his Raign, as by the ſaid Letters Pattents, remaining alſo of Record in our ſaid Court of Chancery, relation being thereunto had, may more fully appeare. And whereas the now Mayor and Comonalty of our ſaid City of N. have humbly beſought us to be gratiouſly pleaſed to grant, ratifie, and confirme unto them and their Succeſſors, all and ſingular the aforeſaid premiſſes, and all, and every, the Libertyes, Priviledges, Franchiſes, Rights, Royaltyes, Free-Cuſtomes, Juriſdictions, Preheminencies, advantages, emoluments, and Immunityes, Lands, Tenements, and Hereditaments aforeſaid, and all and every other like Libertyes, Priviledges, Franchiſes, Rights, Royalties, Free-Cuſtomes, Jurisdictions, Preheminences, Advantages, Emoluments, and Immunityes whatſoever heretofore granted, or mentioned to be granted to the ſaid Mayor and Comonalty, or to the Citizens of the City, by their ſeverall names of Incorporation or any of them, or otherwiſe howſoever, or to the late Biſhop or Biſhops of N. within the ſaid City, or with any Circuit of ground in or adjoyning to the ſaid City called the cloſe of N. and which have heretofore been lawfully enjoyed by them, or either or any of them reſpectively by Preſcription or grant, or any other Title whatſoever, with alterations additions and Explanations as we ſhould think fit. And further that the ſaid cloſe of N. might be united and annexed to the ſaid City, and be ſubject to the ſame Government of the ſame City. And that the ſaid Mayor and Comonalty, and their Succeſſors may hold, exerciſe, and enjoy ſuch and the ſame Libertyes, Priviledges, Franchiſes, Rights, Royaltyes, Free Cuſtomes, Juriſdictions & Immunityes within the ſaid Cloſe, as they have or ought to have within the ſaid City. Know ye therefore, that we, at the humble Petition of the now Mayor and Commonality of The new Grant. our ſaid City of N. and for divers other good cauſes and Conſiderations Us hereunto moving, and of our ſpeciall Grace, certaine knowledge, and meere motion, have granted, ratified, and confirmed. And by theſe preſents for sand our Succeſſors, do give, grant, ratifie, and confirme, and approve to the ſaid Mayor, and Comonalty * &c: the aforeſaid Tenement * &c: Expreſſe their names as before. the Priſon houſe, * &c: And the aforeſaid Faires and Markets, * &c: And the aforeſaid Courts, * &c: And all Fines, Iſſues, and Amercements as well at the ſaid Courts, and every of them, as at the Aſſiſes or Seſſions of the Peace, holden and to be holden for the ſaid County of W. and payable, or happening from time to time, to be payable by any, the Inhabitants of or within the ſame City. And alſo all and every, the powers All the Franchiſes they have had. and Authorityes herein before mentioned, for the holding and keeping of the aforeſaid Courts, and every of them from time to time, and to Award, and Iſſue the accuſtomed Writs, to be iſſued and awarded out of the ſaid Courts, and the ſame to beare Teſte in the name of the Mayor of the ſaid City for the time being, and the ſaid Courts to be kept by the ſaid Mayor, or by the Recorder of the ſaid City for the time being, or by the Steward or Baylieffe of the ſaid Mayor, and Comonalty, and their Succeſſors for the time being. And that ſuch other Officers of the ſaid Mayor and Comonalty, and their Succeſſors for ever ſhall be from time to time attendant upon every of the ſaid Courts, to ſerve and execute the Writs, and proceſſe, and other matters and things in the ſaid Courts, as were uſually attendant thereupon in the time of the ſaid late Biſhops of N. as aforeſaid. And alſo the aforeſaid power to diſtraine for all Rents and other ſummes of money payable by reaſon of the ſaid premiſſes. And all other lawfull remedyes, and meanes for the having, receiving, levying, and enjoying the ſaid premiſſes, and every part thereof. And alſo all Waiffes, Eſt • aies, Deodands, and goods of Felons, happening and being within the ſaid City. And Felons goods, Waiffes, &c. alſo all and every ſumme and ſ • mmes of money to be paid as a Poſt Fine, or Poſt Fines, upon any Fine or Fines from time to time, to be levied of any Lands, Tenements, or Hereditaments within the ſaid City. And alſo all, and every Poſt-Fines. ſuch other Mannors, Lands, Tenements, Mills, Meadows, Feedings, Rents, Courts, Faires, Markets, Royaltyes, Services, Annuityes, Libertyes, Franchiſes, Priviledges, Immunityes and other poſſeſſions and Hereditaments whatſoever, as the Mayor and Comonalty aforeſaid, or any of their Predeceſſors have at any time or times heretofore, by whatſoever name or names of Incorporation had, held, uſed, or enjoyed, or now do hold, uſe, and enjoy to them and their Succeſſors, of Eſtate, of Inheritance, by reaſon or pretext of any Grant, or Grants, Charter or Charters, or Letters Pattents, by any the late Kings or Queens of England, heretofore granted or confirmed, either to them, the ſaid Mayor and Comonalty, and their Succeſſors, or to any the late Biſhop or Biſhops of N. or by any other lawfull Right, Title, Cuſtomes Uſage, or Preſcription whatſoever, although the ſame or any of them have been forfeited or loſt. And although the ſame or any of them are not in theſe preſents, particularly expreſſed, and in certaine named and ſpecified: To have hold and enjoy all, and ſingular the premiſſes to the ſaid Mayor and Comonalty of the ſaid City of N. and their Succeſſors for ever. And moreover, We, will and Extent of the Limits. by theſe preſents, for Us and our Succeſſors, do grant, appoint, and declare, that the ſaid City of N. and the Compaſſe, Precincts, and Limits thereof, and the juriſdiction of the ſame ſhall from hence forth extend, and reach it ſelf, and may, and ſhall be able to reach forth, and extend it ſelf as wel in length as in breadth, as in [here ſet forth the limits of the Corporation.] Rendring the old Rents. Circuit, to ſuch and the like bounds, metes and limits, as the ſame from the time whereof the memory of man, &c: hath extended it ſelf (that is to ſay) from the end, &c. Rendring and paying therefore, yearely to Us and our Succeſſours, ſuch and the like Rents, Services, ſummes of money, and demands as have been heretofore rendred, or paid unto us for the ſame. Wherefore we will, and by theſe preſents for us and our Succeſſors, do firmely enjoyne and command that the aforeſaid Mayor, and Comonalty of the City aforeſaid, and their Succeſſors ſhall and may freely and quietly have, hold, uſe, and enjoy the aforeſaid Libertyes, Authorityes, Jurisdictions, Franchiſes, Rights, Royaltyes, Priviledges, Generall words. Exemptions and Quittances, Lands, Tenements, and Hereditaments aforeſaid, according to the Tenor and Effect of the aforeſaid Letters Patents, Preſcriptions, and Cuſtomes, and of this our Letters Patents, of Grant, and Confirmation, without the lett, hinderance, or Impediment of us or our Succeſſors, or of any our Juſtices, Sheriffs, Eſcheators, Bayliffes, or other Officers, or Miniſters of Us or our Succeſſours whatſoever. And that the ſaid Mayor and That the Officers of the Lord Protector do not diſturb them. Comonalty of the City aforeſaid, or their Succeſſors, or any of them in the free uſe, and enjoyment of the premiſſes, or of any of them, by Us or our Succeſſours, or by any of them ſhall not be hindred, moleſted, or in any wiſe diſturbed. We alſo willingly and by theſe preſents, commanding, and requiting as well the Treaſurer, Commiſſioners of the Treaſury, Chancellour, and Barons of the Exchequer at Weſtminster for the time being, and all other the Juſtices, of Us and our Succeſſors, as alſo our Atturney and Sollicitor generall for the time being; and all other Officers and Miniſters whatſoever, of Us and our Succeſſors: That neither they, That no Officers ſhall moleſt the Corporation for any thing paſt. nor any of them, ſhall make or cauſe to be made, mentioned or proſecuted any Writt or Summons of Quo Warranto, or any other Writt or proceſs whatſoever, againſt the aforeſaid Mayor & Comonalty of the City aforeſaid, or their Succeſſours, or any of them, for any cauſes, things, matters, offences, clayme, or uſurpation by them or any of them heretofore unduely claymed, uſed, attempted, had, or uſurped before the day of the date of theſe preſents: Willing alſo, and by theſe preſents for us and our ſucceſſors commanding and requiring; That the Mayor and Comonalty of the City aforeſaid, or their Succeſſours, or any of them by any of the Perſons, Juſtices, Officers, or Miniſters aforeſaid, in or for the undue uſe, Clayme or Uſurpation of any other Libertyes, Franchiſes, or Juriſdictions within the City aforeſaid, or the Limits, or Precincts thereof, before the day of the date of theſe preſents ſhall not be moleſted or diſquieted, or compelled to anſwer to them, or any of them. And whereas alſo in and by a certain Grant, or Charter of the late King Iames, made and granted to the ſaid Mayor and Comonalty of the ſaid Recitalls of Charters. City of N. and their Succeſſors bearing date at Weſtminster the ſecond day of March, in the 9th. year of his Raign over England. And in and by one other Grant, or Charter made by the late King, bearing date at C. the 17, of Auguſt. in the 6th, yeare of his Raign, or by one of the ſaid Charters, it is (amongſt other things) granted and confirmed to the Mayor and Comonaltyes of our ſaid City, and their Succeſſors that are in The Frame of the Corporation. the ſaid City, there ſhould be one Mayor, one Recorder, 24 Aldermen, and eight and fourty Aſſiſtants. Now for as much as we are informed, that our ſaid City of N. is leſſe populous then heretofore, whereby Trade and Commerce there is of late decayed, ſo that the aforeſaid number of Aldermen and Aſſiſtants there, cannot with Conveniency to the preſent Government of the ſaid City be had and continued, as in times paſt, We therefore for us and our Succeſſors, do will ordaine, and grant to the Mayor and Comonalty of our ſaid City of N. and their Succeſſors by theſe preſents, that for the better Government of our ſaid City, Libertyes and Precincts thereof The Officers to be in the Corporation. there ſhall be for ever hereafter within the ſaid City a Mayor and Recorder, 15. Aldermen, and 24. Aſſiſtants to be nominated, choſen, and ſworne, as is herein after mentioned, who ſhall be for ever hereafter called the Mayor and Comonalty of the City of N. And that there ſhall be for ever hereafter two Chamberlaines, one Bayliffe, one Town-Clark, one Coroner, A Clarke of the Market, foure high-Conſtables, thirteene ſub-Conſtables, and three Serjeants at the Mace within the ſaid City to be choſen in manner and forme herein after mentioned. And of our like ſpetiall grace, certaine knowledge, and meere motion, we do by theſe preſents for us and our Succeſſors, Will, Ordaine, Declare, Conſtitute, grant and appoint, that the Mayor, Recorder, Aldermen, and Aſſiſtants of our ſaid City of N. for the time being. And they which The making of the Corporation. hereafter ſhall be the Mayor, Recorder, Aldermen, and Aſſiſtants within the ſame, and their Succeſſors for ever hereafter be and ſhall be by force of theſe preſents, one body Corporate, and politique in Deed, Fact, and Name, by the name of the Mayor and Comonalty of the City of N. And them by the name of the Mayor and Comonalty of the City of N. One body politique and Corporate in Deed, Fact and name, We do for us and our Succeſſours, really and fully create, ordaine, make, Conſtitute, and confirme by theſe preſents. And that by the ſame name of the Mayor and Comonalty of the City of N. they may have perpetuall Succeſſion. And that they and their Succeſſours for ever, by the name of the Mayor & Comonalty of the City of N. be & ſhall be forever hereafter perſons able and in Law, capable to have, get, receive, and poſſeſſe Lands, Tenements Rents, Liberties, Jurisdictions, Franchiſes, and Hereditaments, to them and their ſucceſſors in Fee-ſimple, or for terme of life, lives or years, or otherwiſe; and alſo goods and Chattells, and alſo other things of what nature kind or quality ſoever. And alſo to give grant, let, ſet, and aſſigne the ſame Lands, Tenements, Hereditaments, Goods and Chattells, and to do and execute all other things about the ſame, by the name aforeſaid. And alſo that they be and ſhall be for ever hereafter perſons able, and in Law capable to plead, and be impleaded, anſwer and be anſwered unto, defend and be defended in all or any the Courts of Sue and be Sued. us and our Succeſſors, and other places whatſoever. And before any Judges, Juſtices and other perſon or perſons whatſoever, in all and all manner of Actions, Suits, Complaints, Demands, Pleas, Cauſes, and matters whatſoever, of what nature, kind, or quality ſoever in the ſame, and in the like manner and forme, as other people of England, being perſons able, and in Law capable, may plead, and be impleaded, anſwer and be anſwered unto, defend and be defended by any Lawfull waies or meanes whatſoever. And that the ſaid Mayor and Comonalty of the City of N. and their Succeſſors ſhall and Seale. may for ever hereafter have one Common Seale to ſerve for the ſealing of all, and ſingular their affaires, matters, and buſineſſes, touching and concerning the ſaid Corporation. And that it ſhall and may be lawfull, to and for the ſaid Mayor, and Comonalty of the ſaid City of N. and their Succeſſours at their will and pleaſure from time to time, to break, change, and alter, and new make their ſaid Common Seale, when and as often as to them it ſhall ſeeme moſt convenient. And further know ye, that we have The preſent Officers named. aſſigned, named, ordained, and conſtituted And by theſe preſents for Us and our Succeſſors, do aſſigne, name, ordaine, and conſtitute our well beloved W. S. now Mayor of our ſaid City of N. to be the preſent Mayor of our ſaid City. And that he the ſaid W. S ſhall remaine and continue The Mayor. in the Office of Mayor, there, untill another fit perſon ſhall be choſen and ſworne into the ſaid office, according to the uſage and cuſtome of the ſaid City, and as in and by theſe preſents is hereafter mentioned and directed. And we have aſſigned, named, ordained, and conſtituted; And by theſe preſents do aſsigne, name, ordaine and conſtitute, create and declare our well beloved H. • . Eſq. to be the preſent Recorder of The Recorder. our ſaid City, to do and execute all things which unto the office of Recorder of the ſaid City, doth or may any w • y appertaine and belong. And alſo we have aſsigned, named, conſtituted, and made, and by theſe reſents do aſsigne, name, conſtitute, and make our wellbelowed I. I. I. A. &c: Citizens and Inhabitants of our ſaid City of N. to be the preſent 15. The Aldermen. Aldermen of our ſaid City. And alſo we have aſsigned, named, conſtituted, and made. And by theſe preſents do aſsigne, name, conſtitute, and make our well-beloved N. B. S. R. &c. Citizens and Inhabitants of the ſaid City of N. to be the preſent 24. Aſsiſtants of the ſaid City. Aſſiſtants. And alſo we have aſsigned, choſen, named, and conſtituted our well-beloved A. G. D. M. Citizens and Inhabitants of the ſaid City to be the Chamberlaines. preſent Chamberlaines of the City aforeſaid. And we have aſſigned, named, conſtituted, and appointed, and by theſe preſents do aſſigne, name, conſtitute, and appoint our well-beloved Th. C. one other of the ſaid Citizens, there to be the preſent Bayliffe of our ſaid City, who ſhall continue in that office untill another fit perſon Bayliffe. be choſen and ſworne in his place.

And alſo we have aſſigned, choſen, named, and conſtituted our well-beloved E. F. R. W. S. N. and I. L. Citizens and Inhabitants of the High-Conſtables. ſaid City, to be the preſent High-Conſtables of the ſaid City, who ſhall continue in that office of High-Conſtables of the ſaid City, untill other fit perſons be choſen and ſworne in their places. And alſo we do aſſigne, chooſe, nominate, and conſtitute our well-beloved D. R. L. T. &c: alſo Citizens and Inhabitants of the ſaid City, to Sub-Conſtables. be the preſent ſub-Conſtables of the ſaid City, who ſhall continue in the ſaid office, untill other fit perſons be choſen, and ſworne in their places. And alſo we have aſſigned, choſen, nominated, & conſtituted; And by theſe preſents do aſſigne, chooſe, nominate, and conſtitute our well-beloved R. H. Citizen of the ſaid City to be the preſent principall Serjeant at Mace within our ſaid City. And F. W. and G. H. Citizens and Serjeant at Mace. Inhabitants there, to be the two other preſent Serjeants at Mace. And we will, and by theſe preſents for us and our Succeſſours, do grant to Sword and Cap of Maintenance. the ſaid Mayor and Comonalty of the ſaid City of N. and their Succeſſors. That the Mayor of the ſaid City for the time being, ſhall and may have a ſword to be borne before him, and a Cap of Maintenance in ſuch ſort as is uſed before any other Mayor of any of our Cityes in England. And that for ever hereafter there be and ſhall be an Officer of the ſaid City, who ſhall be called Sword-bearer. the Sword-bearer, and to weare a Cap of Maintenance before the Mayor of the ſaid City for the time being. And we have aſſigned, choſen, nominated, and conſtituted. And by theſe preſents do aſſigne, chooſe, nominate, and conſtitute our well beloved R. F. Citizen and Inhabitant of our ſaid City, to be the firſt and preſent Sword bearer of our City. And do hereby appoint that the ſaid Officer ſhall have precedency of place before the Serjeants at Mace of the ſaid City. Alſo we will, and by theſe preſents, for us and our Succeſſors, do grant to the Common Councell. ſaid Mayor and Comonalty of our ſaid City of N. and their Succeſſours. That the Mayor, Recorder, Aldermen, and Aſſiſtants of the ſaid City for the time being; Or the Mayor, and any eight or more of the Aldermen, and twelve or more of the Aſſiſtants for the time being, be and ſhall be called the Common Councell of the ſaid City. And that they, or the greater part of How called. them, ſhall or may have full power and Authority by vertue of theſe preſents from time to time, to call and hold Common Councell within the Common Counſell Houſe of the ſaid City. And Making of Orders and Ordinances there as occaſions ſhall be to make Lawes, Orders, Ordinances, and Conſtitutions in writing, and to add, alter, diminiſh or reforme them from time to time, as to them ſhall ſeeme neceſſary, and convenient (not repugnant to the prerogative of Us or our Succeſſors, or to any of the St • tutes, or other the Lawes of England) for the good rule, overſight, Correction, and Government of the City and Libertyes of the ſame. And all the Officers thereof, and of the ſeverall Companyes of Merchants, and other Tradeſmen, and of Victuallers, Arrifieers, and of all other, the people and Inhabitants of the ſaid City, Libertyes, and Precincts aforeſaid; and for the better preſervation, government, and diſpoſall of all the Lands, Tenements and Hereditaments, goods and Chattells of the ſaid Corporation. Which ſaid Lawes, Ordinances, Orders, and Conſtitutions, ſhall be binding to all and every the Inhabitants of the ſaid City, Libertyes, and Precincts aforeſaid. And further we will, and grant, that the ſaid Common Councell of the ſaid City for the time being, as often as they make, ordaine, and Eſtabliſh ſuch Lawes, Orders, Ordinances, and Conſtitutions as aforeſaid ſhall or may make, ordaine, limit, provide, ſet, impoſe, and taxe reaſonable Fines, and Amercements, againſt, and upon all perſons offending againſt ſuch Lawes, Orders, Ordinances, and Conſtitutions, or any of them to be made, ordained, and eſtabl • ſhed as aforeſaid. And the ſame Fines and Amercements, ſhall or may require, demand, levy, take, and receive by Warrants under their Common S • ale, to and for the uſe and behoofe of the Mayor and Comonalty of the ſaid City, and their Succeſſors, either by diſtreſſe and ſale of the goods and Chattells of the offenders therein, if ſuch goods and Chattels may be found within the ſaid City, Libertyes, and Precincts thereof, rendring to ſuch offender or offenders the overplus, or by any other lawfull wayes or meanes whatſoever.

And we do by, &c. appoint and ordain the Election of the Mayor of the ſaid City, and of Election of the Officers how to be. the Aldermen and Aſſiſtants of the ſaid City, that it ſhall be as followeth, viz.

And we do, &c. give, grant, full power and authority unto the Major, Recorder, Aldermen, and Aſſiſtants of the ſaid City of N. or any 8. or more of the Aldermen: and 12 or more of the Aſſiſtants, the Major and Recorder for the time being, or either of them, being preſent as aforeſaid; on the Wedneſday before the Feaſt of, &c. yearly in the Councel-houſe of the ſaid City, if they ſhall think fit to nominate, elect, and chooſe out of the Inhabitants of the ſaid City, fit and able perſons to be in the reſpective Offices and places of Maior, Aldermen, and Aſſiſtants of the ſaid City. And that ſuch perſon as ſhall be ſo elected and choſen Maior as aforeſaid, Oath of the Maior. ſhall on the Wedneſday moneth, next after the Feaſt of S • . &c. then next following, in the Councel houſe aforeſaid, take his Oath before the Recorder, Aldermen, and Aſſiſtants for the time being, or before any five, or more of the Aldermen, for the due execution of his Office. And that the ſaid Maior ſo to be choſen, as aforeſaid, ſhall remain and continue in the ſaid Office, until another fit perſon ſhall be choſen and ſworn in his place of Maior of the ſaid City, in manner as aforeſaid. Which Oath the ſaid Recorder, Aldermen, and Aſſiſtants, or any five or more of the Aldermen, ſhall, and may lawfully adminiſter: and have hereby power to adminiſter unto the ſaid Maior ſo elected from time to time accordingly. And further we will, that the Recorder, &c. (name all the Officers) and all other Officers of the ſaid City, before they, or Oath of all Officers. any of them ſhall be admitted to enter upon, and execute their reſpective Offices, ſhall be ſworn to execute the ſame before the Maior, or any three or more of the Aldermen of the ſaid City for the time being. And we do by theſe Preſents, &c. give power and authority to the Maior of the ſaid City for the time being, or any three of the Aldermen of the ſaid City for the time being, to adminiſter the ſaid reſpective Oaths unto them accordingly. And further, we will, and by theſe Preſents for us, &c. do grant, Justices of the Peace. That the Maior and Recorder of the ſaid City, for the time being, and five, or more of the Aldermen of the ſaid City (not exceeding the number of 8 Aldermen) being ſuch as have born the Office of Maior there, ſhall be Juſtices and Keepers of the Peace of us and our Succeſſors, and Juſtices of Oyer and Terminer, of us, and our Succeſſors within the ſaid City, and the Liberties and Precincts thereof. And that they, or any three or more of them (whereof the Maior Power to keep Seſſions. and Recorder of the ſaid City for the time being, we will to be two) ſhall and may for ever hereafter, have power and authority, by vertue of theſe Preſents, to hear and determine all and all manner of Petit Treaſons, Murders, Felonies, Ryots, Routs, Oppreſſions, Extortions, Fore-ſtallaries, Regratories, and all other Treſpaſſes and Offences whatſoever within our ſaid City of N. and the Liberties and Precincts aforeſaid, from time to time ariſing and happening, and which ſhall ariſe or happen, and any wayes belong to the Office of Juſtices of Peace, or Oyer and Terminer, and the correction and puniſhment of the offences aforeſaid, every of them according to the Laws of England: and to do and execute all other things within the ſaid City, Liberties, and Precincts aforeſaid, ſo fully, and in as ample manner, as to the Commiſſioners aſſigned, and to be aſſigned, for the keeping of the Peace within the ſaid county of N, or elſewhere in England, doth, or may belong. And as amply and fully, as any Juſtices of Oyer and Terminer, by vertue of any Commiſſion of Oyer and Terminer, heretofore appointed, or hereafter to be appointed, (matters of High Treaſon onely excepted) have uſed to do, or may do and execute. And we do by theſe Preſents for us, and our Succeſſors, inhibit and forbid all and ſingular the Commiſſioners Other Iuſtices of the county not to intermeddle. aſſigned, and to be aſſigned, for the keeping of the Peace: and Commiſſioners of Oyer and Terminer of our ſaid County of W. for the time being, That they, or any of them do not intermeddle with, or exerciſe any Juriſdiction as Juſtices of Peace, or as Juſtices of Oyer and Terminer, for any matter or thing ariſing within our ſaid City, and Liberties and Precincts thereof, for, or concerning any offence or offences whatſoever (except for High Treaſon onely as aforeſaid). And we do by theſe Preſents, will, declare, aſſign, and appoint, that the preſent Maior and Recorder of our ſaid City herein before named, and I. G. I. F. H. P. E. L. and R. P. be our preſent Juſtices of Peace of Oyer and Terminer, within the ſaid City, Liberties, and Precincts aforeſaid. And further we will, That our Juſtices of Peace, and Juſtices of Oyer and Terminer, before named, nor any 〈◊〉 them, nor any other perſon or perſons hereafter to be choſen Juſtice or Juſtices of the Peace, or Juſtices of Oyer and Terminer, within our ſaid City, and Liberties thereof, do take upon him and them the execution of the Office of Juſtice of Peace, or of Juſtice of Oyer and Terminer there, until ſuch perſon and perſons ſhall have taken the Oath appointed, or to be appointed for ſuch Juſtice and Juſtices, before the Maior and Aldermen of the ſaid City for the time bein • : and any three, or more of them, ſhall have, by vertue of theſe Preſents, full power and authority, to give and adminiſter the Oath and Oaths aforeſaid, unto ſuch perſon and perſons, and every of them, as ſhall be choſen Juſtice or Juſtices of the Peace, and as by vertue of theſe Preſents, ſhall be Juſtice, and Juſtices of the Peace, and Juſtices of Oyer and Terminer, within the ſaid City and Liberties thereof. And moreover we do by theſe Preſents, for us, &c. will and appoint, That the Juſtices of the Peace of our ſaid City, and the Juſtices of Oyer and Terminer within the ſaid City, and the Liberties thereof (except the Time of chooſing of Juſtices. Maior and Recorder for the time being) be yearly choſen on the aforeſaid Wedneſday next, before the Feaſt of, &c. in the Councel-houſe, &c. by the Maior, Recorder, Aldermen, and Aſſiſtants of the ſaid City; or by the Maior, and eight, or more of the Aldermen, and twelve, or more of the Aſſiſtants of the ſaid City for the time being.

And that the aforeſaid Juſtices of the Peace, and Juſtices of Oyer and Terminer there for the time being, and every of them ſo choſen and ſworn as aforeſaid: and alſo the Maior and Recorder of our ſaid City for the time being, by their, or any, or either of their Warrants, all and every perſon and perſons, for High Treaſon, or Petit Treaſon, or for ſuſpition thereof, and for other Felonies whatſoever; and all Malefactors and Diſturbers of the Peace, and other Offenders, for other miſdemeanours, who ſhall be apprehended within the ſaid City, or Liberties thereof, ſhall, and may ſend and commit, or cauſe to be ſent and committed to the Common-Goal of the ſaid City, there to remain, and to be kept in ſafe cuſtody by the Keeper of the ſaid Goal, or his Deputy, for the time being, untill ſuch Offender and Offenders ſhall be lawfully Goal. delivered thence.

And we do by theſe Preſents, for Us, and our Succeſſors, charge and require the Keeper and Keepers of the ſaid Goal for the time being, and his, and their Deputy and Deputies, to receive, Offenders, where to be committed. take, and in ſafe cuſtody to keep all and ſingular ſuch perſon and perſons ſo apprehended, or to be apprehended, and ſent and committed to the ſaid Goal by Warrant of the ſaid Juſtices, or any of them as aforeſaid, until he or they ſo ſent and committed to the ſaid Goal, ſhall from thence be delivered by due courſe of Law.

And further we do by theſe Preſents, for us, &c. grant to the ſaid Maior and Commonalty of our ſaid City, and their Succeſſors, that the ſaid Maior and Commonalty, and their Succeſſors, ſhall, for ever hereafter, have full power and authority, by vertue of theſe Preſents, to cauſe a pair of Gallows to be ſet up within the City, Liberties, and Precincts aforeſaid, to hang Gallows. Malefactors adjudged so Death within the ſaid City, according to the Laws and Statutes of England; or elſe to cauſe the ſame malefactors adjudged to Death, to be led to the Gallows erected, or to be erected at F, &c. in the county of W. there to be hanged.

And we will, ordain, conſtitute, and appoint by theſe Preſents, for us, and our Succeſſors, That the Recorder of the ſaid City for the time being, be, and ſhall be cuſtos Rotulorum of our ſaid City. Cuſtos Rotulorum.

And that the Maior of our ſaid City for the time being, and C. B. (who is hereby nominated the preſent Clerk of the Statutes there) have, and by vertue of theſe Preſents, ſhall have power, as formerly, to take Recognizances of Debts there, according to the Form of the Statute Power to take Conuſance of Statutes. of Merchants, and the Statute of Acton Burnel.

And that the Maior of the ſaid City, and Clerk of the Statutes there for the time being, ſhall, by vertue of theſe Preſents, have full power and authority, to do and execute all things by force of the ſame Statutes, or either of them, as doth, may, or ought to belong to them, or either of them, to do or execute.

And further we do for us, &c. will and grant by theſe Preſents, That the ſaid Maior and Clerk of the Statutes, within our ſaid City for the time being, may have one Seal, ſuch as they from time to time ſhall think fit to make uſe of. And that the ſaid Seal ſhall be of two pieces, of which the one part ſhall be called the greater, and ſhall remain with the ſaid Maior for the time being; and the other part ſhall be called the leſſer, and ſhall remain with the Clerk of the Statutes for the time being, to ſeal ſuch Statutes, Merchants, or Recognizances, in the nature of Statutes Merchant hereafter to be acknowledged before them, or Certificates, as well of any ſuch Statutes or Recognizances heretofore acknowledged, as of ſuch Statutes or Recognizances hereafter to be acknowledged within the ſaid City, according to the Statutes aforeſaid, and either of them.

And we will, that the ſaid Clerk of the Statutes for the time being, do write and inroll the ſaid Statutes, Merchant, or Recognizances aforeſaid ſo to be taken: and ſhall do all other things expedient and belonging to the ſaid Office,

And we do likewiſe by theſe Preſents, for Us, Naming a Clerk of the Statutes. &c. will and grant, that the Maior, Recorder, Aldermen, and Aſſiſtants of our ſaid City, for the time being: and the Maior, Recorder, or any eight, or more of the Aldermen, and twelve or more of the Aſſiſtants for the time being, ſhall upon the Death or Removal of the ſaid Clerk of the Statutes, for the time being, have full power and authority, by vertue of theſe Preſents, at their will and pleaſure, and within convenient time, to chooſe one other fit perſon to be the Clarke for the taking of ſuch Statutes, or Recognizances of debts within the ſaid City as aforeſaid.

And alſo from time to time, to chooſe ſuch Town-Clerk Clerk of the Peace, Clerk of the Court of Pleas. perſon or perſons, as they ſhall think fit to be Towne-Clerke, Clerke of the Peace, Cerke of the Court of Pleas, and to be Clerke and Clarkes of the other Court, and Courts, to be holden within the City, and the Libertyes, and Precincts thereof, when and as often as the ſaid ſeverall places ſhall happen to be void.

And we do by theſe preſents, Conſtitute and oppoint our well-beloved I, G. gent to be the The preſent Ttown Clerk, and Clerk of the Peace, &c. preſent Town-Clarke, Clarke of the Peace, Clerk of the Court of Pleas, and Clerk of the other Court and Courts, to be holden within our ſaid City, and the Libertyes, and Precincts thereof.

And further we do by theſe preſents for us and our Succeſſors, require and ſtraightly charge and command, That the Bayliffes of the ſaid City, the Town-Clerke, Clerk of the Peace, the High-Conſtables, Sword bearer, ſub-Conſtable, and Serjeant at Mace, within our ſaid City for the time being, and every of them reſpectively, joyntly, and ſeverally, as cauſe ſhall require, ſhall attend upon the Mayor, Recorder, Aldermen, and Juſtices of the Peace, of the ſaid City for the time being, and every or any of them, according to the duty of their reſpective places, in and about the executing of ſuch, the Commands, Precepts, Warrants, and Proceſſe of them, and every of them as belongeth and appertaineth to be done or executed.

And further we will, &c. That the Mayor of our ſaid City for the time being and no other, Clerk of the Market. be and forever ſhall be Clerk of the Market, within the City aforeſaid, the Libertyes, and Precincts thereof. And that he and no other ſhall and may forever do, execute, and perform all, and ſingular, Acts, Deeds, and things whatſoever belonging to the Office of the Clerk of the Market, within the City aforeſaid, the Libertyes, and Precincts thereof to be done, executed, and performed. And that the Mayor of the ſaid City aforeſaid, for the time being, and no other perſon, or perſons, ſhall or may have Aſſiſe, or Aſſay of Bread, Wine, and Beere and of all Coale, Wood, and of other things to the Office of the Clerk of the Market, belonging or concerning as well in the preſence, as in the abſence of us and our Succeſſors.

Alſo we Will for us, &c. And grant to the Coroner. Mayor and Comonalty of our ſaid City of N. That the Mayor of our ſaid City for the time being, and his Succeſſors during the time, that they ſhall remaine in the ſaid Office of Mayor of the ſaid City, for the time being, and no other be or ſhall be the Coroner of us and our Succeſſors within the City aforeſaid, the Libertyes, and Precincts thereof.

And that he and no other ſhall do, execute, and cauſe to be done, and executed within the City aforeſaid, Libertyes, and Precincts thereof, all and ſingular matters, and things to the ſaid office of Coroner belonging, there to be done.

And that the ſaid Maior of the ſaid City, for the time being, ſhall take his Corporal Oath before the Recorder, and any three or more of the Aldermen, &c. well and duly to execute the ſaid Offices of Clerk of the Market, and Coroner of the ſaid City, before he take upon him the execution of either of the ſaid Offices. Depoſing of Officers for Misbehaviour.

And in caſe the Maior of our ſaid City for the time being, ſhall, during the time of his Mayrolty, misbehave himſelf in that Office; We do by theſe Preſents, for us, &c. will and declare, that it ſhall and may be lawful to, and for the Recorder, Aldermen, and Aſſiſtants, or for eight, or more of the Aldermen, and twelve or more of the Aſſiſtants of the ſaid City for the time being, to remove ſuch Maior from his ſaid Office of Mayoralty for miſgovernment or misbehaviour therein. And in ſuch caſe, or in caſe of Death of the Maior of the ſaid City for the time being, in the time of his Mayoralty; We will that within four days, or other convenient time, next after ſuch removal or death, the Recorder, Aldermen, and Aſſiſtants, or eight or more of the Aldermen, and twelve or more of the Aſſiſtants of the ſaid City for the time being, do chooſe another fit and diſcreet perſon (in the place of him ſo dead or removed) to be Maior of the ſaid City: and left there ſhould be a Failer of Juſtice or Government in our ſaid City, in ſuch Interval; We do for us, and our Succeſſors, will, that the ſenior, or eldeſt Alderman of the ſaid City for the time being, ſhall take upon him the place and Office of the Maior there; and ſhall exerciſe the ſame, until another fit perſon ſhall be choſen as aforeſaid: and in caſe of the diſability of ſuch eldeſt Alderman, that then the next Alderman in ſeniority to him, ſhall take upon him the ſaid place and Office of Maior of the ſaid City and Liberties thereof, and ſhall exerciſe the ſame as aforeſaid: and that ſuch ſenior, or eldeſt Alderman, or ſuch Alderman next in ſeniority of place to him, ſhall be immediately after the Death or Removal of the former Maior, ſworn to execute the ſame accordingly, before three, or more of the Aldermen of the ſaid City for the time being, who are here by authorized to adminiſter the ſame Oath in that behalf.

And we do likewiſe by theſe Preſents for us, and our Succeſſors, grant unto the ſaid Maior and Commonalty of the ſaid City of N. and their Succeſſors, That the Maior, Aldermen, and Aſſiſtants of the ſaid City for the time being, or the Maior, and eight or more of the Aldermen, and twelve or more of the Aſſiſtants of the ſaid City for the time being, ſhall have power and authority, by vertue of theſe Preſents, at their pleaſure, to remove the Recorder of the ſaid City, for the time being, from his ſaid place or Office of Recorder there: and in caſe of ſuch removal, or in caſe of the death of the Recorder of the ſaid City, for the time being, to chooſe and elect another fit perſon, learned in the Laws of England, to be Recorder there, and ſo to continue, during pleaſure as aforeſaid. And further, That the Maior, Recorder, Aldermen, and Aſſiſtants of the ſaid City for the time being; or the Maior, and eight or more of the Aldermen, and twelve or more of the Aſſiſtants of the ſaid City for the time being, ſhall have power from time to time, by vertue of theſe Preſents, to remove any one of the Juſtices of the Peace within the ſaid City for the time being (other then the Maior or Recorder there for the time being.) from the Office of Juſtices of the Peace there, for misbehaviour, or other juſt or reaſonable cauſe: and in caſe of removal, or in caſe of the death of any of the Juſtices of the Peace there in convenient time, to make choice of, and nominate and elect one or more of the Aldermen of the ſaid City, who hath, or have born the Office of Maior there, to be a Juſtice, or Juſtices of the Peace, within the ſaid City, in the place of ſuch Juſtice, or Juſtices of the Peace, ſo removed, or dead as aforeſaid.

And further we do by theſe Preſents, for us, &c. grant unto the ſaid Maior and Commonalty of our ſaid City of N. and their Succeſſors Tha if any Alderman, or Aldermen of the ſaid City, ſhall at any time hereafter, miſdemean him, or themſelves, in the execution of his or their places of Aldermen there, it ſhall be lawful to, and for the Maior, Aldermen, and Aſſiſtants of the City, for the time being; or the Maior, and any eight, or more of the ſaid Aldermen, and twelve or more of the Aſſiſtants of the ſaid City, for the time being, in ſuch caſe, to remove ſuch Alderman, or Aldermen (ſo miſdemeaning him, or themſelves) from holding or exerciſing ſuch place or places of Alderman, or Aldermen of the ſaid city: and in ſuch caſe of removal, or in caſe of death of any of the Aldermen of the ſaid city, in conventent time, to chooſe other fit perſon or perſons to be Alderman, or Aldermen of the ſaid City, in the place or places of him or them ſo removed or dead.

And if any of the Aſſiſtants of the ſaid City, Bayliffe, Coroner, Town-Clerk, Clerk of the Peace, Clerk of the Market, Clerk of the Court of Pleas, and other Courts aforeſaid, Clerk of the Statutes, Chamberlaines, high-Conſtables, Sword bearer, ſub-Conſtables, Serjeants at the Mace for the time being, or any of them ſhall mis-behave him or themſelves by neglect, or otherwiſe in the execution of their, or any of their reſpective place or places; Then and in ſuch caſe if ſhall and may be lawfull to and for the Mayor, Recorder, Aldermen, and Aſſiſtants of the ſaid City for the time being, or the Mayor and any eight or more of the Aldermen, and twelve or more of the Aſſiſtants of the ſaid City for the time being by vertue of theſe preſents, to remove him or them from his and their place or places, for ſuch his or their miſ-behaviour and neglect therein. And in caſe of removall, or of the death of any perſon or perſons, in ſuch office or offices as aforeſaid, in convenient time to chooſe other fit perſon or perſons, to be in the place or places of him or them, ſo dead or removed. Refuſers of Offices to be ſined.

And alſo we will, & by theſe preſents for us, &c. do grant to the ſaid Mayor and Comonalty of our ſaid City of N. and their Succeſſors, that if any of the Citizens of the ſaid City, or Inhabitants within the Libertyes, and Precincts thereof, that ſhall hereafter be elected, nominated and choſen to the office of Mayor, Juſtice of Peace, Aldermen, Aſſiſtants, Bayliffe, or Chamberlaine of the ſaid City as aforeſaid, and having notice of his or their ſaid Election, ſhall refuſe or deny to take upon him or them, and to execute that office, to which he or they ſhall be ſo choſen, and nominated, That then and ſo often it ſhall and may be lawfull for the Mayor, Recorder, Aldermen, and Aſſiſtants of the ſaid City for the time being; Or the Mayor, or any eight of the Aldermen, and twelve or more of the Aſſiſtants of the ſaid City, for the time being to Tax, Aſſeſſe, and impoſe upon ſuch perſon or perſons, ſo refuſing or denying ſuch reaſonable and moderate Fines, and ſummes of money as to their diſcretions ſhall be thought moſt fit. So as the ſaid Fine, Penalty, or ſumme for refuſing or denying to hold and execute the office of Mayor of the ſaid City, do not exceed the ſumme of 100. l. And the fine for refuſing or denying to hold and execute the place of an Alderman do not exceed 40. l. And the fine, &c. of an Aſſiſtant, 20. l. And ſo as the fine for refuſing or denying to hold and execute the reſpective places of Bayliffe or Chamberlaine of the ſaid City do not exceed 10. l.

And we do by theſe preſents for us, &c. authorize the Mayor, Recorder, Aldermen and Aſſiſtants of the ſaid City, for the time being. Or the Mayor, and any eight or more of the Aldermen, and twelve or more of the Aſſiſtants there for the time being, to fruſtate, and make voyd the election of ſuch perſon or perſons ſo refuſing or denying as aforeſaid. And then and in ſuch caſe and caſes, any other fit and able perſons, Citizen or Citizens of the ſaid City, or Inhabiting within the Libertyes, and Precincts thereof in convenient time to elect a new to execute ſuch office or offices, ſo denyed or refuſed to be excuted as aforeſaid.

And that if it ſhall happen that ſuch perſon, or perſons ſo to be elected a new, ſhall refuſe or deny to take upon him or them any of the ſaid Office or Offices, unto which he or they ſhall be choſen and elected as aforeſaid, then and in ſuch caſe the ſaid Mayor, Recorder, Aldermen, and Aſſiſtants of the ſaid City for the time being; Or the ſaid Mayor and eight or more of the Aldermen, and 12. or more of the Aſsiſtants, ſhall and may ſet, and impoſe upon him or them, ſo denying or refuſing ſuch and the like moderate Fines, &c: (as is before ſet downe in the like caſes;) And ſo to continue to make voyd the election, &c: (as before). All which ſaid Fines ſo to be ſet and impoſed, We will and grant by theſe preſents for us, &c: ſhall be, and ſhall remaine, and belong unto, and ſhall be put into the poſſeſion and ſeiſin of the Mayor and Comonalty of the ſaid City for the time being, and their Succeſſors to be levied and taken by warrant under their Common Seale, and by diſtreſs and ſale of the goods and Chattells of the ſeverall perſons ſo refuſing or denying as aforeſaid, if ſuch Goods and Chattels may be found within the City, Libertyes, and Precincts aforeſaid, rendring to the partyes the overplus, or by any other wayes, or lawfull meanes whatſoever, to the only uſe of the ſaid Mayor, and Comonalty of the ſaid City of N. and their Succeſſors without any account to be rendred, made or done to us, or our Succeſſors for the ſame.

And further of our more ample grace, &c: We do by theſe preſents for us, &c. Grant and That they ſhall not ſerve in Iewries. Confirme to the ſaid Mayor, &c. That the Citizens of our ſaid City, or any of them, ſhall not at any time hereafter be diſtrained, or compelled to go out of the ſaid City, or the Libertyes, or Precincts thereof, to ſerve upon, or touching any pleas, Aſsiſes, Juries, or Inqueſts to be taken, unleſſe the ſame do concerne us, or our Succeſſors, or the Comonalty of the ſaid City, as hath been there accuſtomed.

And we do likewiſe by theſe preſents for us, &c. Grant unto the ſaid Mayor and Comonalty of our ſaid City of N. and their Succeſſors, That the Mayor and Recorder of the ſaid City, or either of them for the time being, ſhall by vertue of theſe preſents have power to take Conuzance of Record, and duely to enrole any deed or Deeds in writing, made or to be made by any Conuzance of Deeds. perſon or perſons whatſoever (Marryed Women excepted) of, for, or touching any Lands, Tenements, Rents, Hereditaments, Debts, Goods, and Chattells whatſoever within the ſaid City, and the Libertyes, and Precincts thereof, which Acknowledgment and Enrolement there ſhall be, and ſhall be adjudged, reputed, and taken to be as good, and valid in the Law, as if the ſame had been taken, or acknowledged before any other perſon, or perſons, authorized to take the acknowledgment of Deeds, or Writings, and inrolled in our Court of Chancery, or in any other our Courts of Record, &c.

And further know ye, that we for the Government of ourſaid City, and for the well-fare of the Citizens, Tradeſmen, and Inhabitants thereof, do by theſe preſents for us, &c. Give or Grant to the ſaid Mayor, and Comonalty of our ſaid City, and their Succeſſors, That the Mayor, Recorder, Aldermen, and Aſſiſtants, &c. Or the Mayor and any eight or more of the Aldermen, and 12. or more of the Aſſiſtants of our ſaid City of N. for the time being, ſhall from time to time, and at all times hereafter have full power, and Authority at any Common Councell, to be held within the ſaid City, under the Common Seale to make free Citizens To make Freemen. of the ſaid City and Libertyes thereof. And that no perſon or perſons whatſoever, other then ſuch Free Citizens, ſhall hereafter uſe any Art, Trade, Miſtery, or manuall occupation, within our ſaid City, the Libertyes, and Precincts thereof, ſaving in the times of the Faires, there to be kept, and during the continuance of ſuch Faires only. And in caſe any perſon or perſons whatſoever, not being free Citizens of our ſaid City, as aforeſaid ſhall at any time hereafter uſe, or exerciſe any Art, Trade, Myſtery, or manuall occupation, or ſhall by himſelf, themſelves, or others, ſell or expoſe to ſalo any manner of Merchand • ze or Wares whatſoever, in any houſe, ſhop, place or ſtanding within the ſaid City, or the Libertyes, precincts thereof, no faire being then kept in the ſaid City, and ſhall perſiſt therein, after warning to him or them given, or left by the appointment of the Mayor of the ſaid City for the time being, at the place or places, where ſuch perſon or perſons ſhall ſo uſe, or exerciſe any Art, &c. or ſhall ſell or expoſe to ſale any Wares, or Merchandiſes as aforeſaid, then it ſhall be lawfull for the Mayor of the ſaid City for the time being, to cauſe ſuch Shop-Windows to be ſhut up; And alſo to impoſe ſuch reaſonable fine, &c: not exceeding 10. s. every time, &c. And the ſame Fine and Fines ſo to be impoſed to levie, &c: (as before.)

And further we do by theſe preſents, for us and our Succeſſors, Grant to the Mayor and Comonalty of our ſaid City; That they and their Succeſſors be for ever perſons able, and capable, and ſhall have power to purchaſe, have, take, Mortmaine. and poſſeſſe in Fee ſimple, Lands, Tenements, Rents and other poſſeſſions within or without the ſame City, to them and their Succeſſors for ever, ſo as the ſame exceed not the yearly value of 1000. l. a yeare, the Statute of Mortmaine or any other Law to the contrary, notwithſtanding. Power to let Lands. And the ſame Lands, Tenements, &c. or any part thereof to demiſe, grant, Leaſe, ſet over, aſſigne and diſpoſe at their own will and pleaſure. • nd to make, ſeale, and accompliſh any Deed or Deeds, Leaſe or Leaſes, evidences and writings for or concerning the ſame, or any part thereof which ſhall happen to be made and granted by the ſaid Mayor and Comonalty of the ſaid City for the time being.

And further know ye, &c. That we of our more ample Grace, &c. Have given, &c. and by theſe preſents for us, &c. do give and grant to the ſaid Mayor, &c. and their Succeſſors, that the ſaid Hoſpitall of our ſaid City commonly called, &c. And the poore people there be, and from thenceforth, and for ever ſhall be governed, and ruled by the Mayor, &c. of the ſaid City and their Succeſſors, and that the ſaid Mayor, &c. and their Succeſſors be, and ſhall be Maſters and Governours thereof.

And we have Willed, &c. And by theſe preſents for us, &c. do will, that the Mayor, &c. together with the poore of the ſaid Hoſpitall for the time being ſhall from henceforth and forever hereafter be continued, and remaine one body Politick, &c: by the name of the Maſter and poore people, &c: (As in other Caſes for Corporations.) And that they and their Succeſſors for ever may ſeek for, and improve, have, enjoy, and poſſeſſe. And may Grant and demiſe all, and ſingular Lands, and Tenements, Profits, Hereditaments, Goods, Chattells, and Rights whatſoever now belonging, and which ſhall or may hereafter belong to the ſaid Hoſpitall upon truſt, that all the ſame be employed for the benefit of the poore, there as formerly, and not otherwiſe.

And alſo we will for us, &c: That our ſaid Return of Writs. City of N. and the Libertyes, Precincts and Circuits thereof be, and from henceforth ſhall be a diſtinct Bayliwick, and Liberty of it ſelf, and that the ſaid Mayor of our ſaid City for the time being, and his Succeſſors ſhall be the ſole Bayliffe thereof. And ſhall by his Serjeant or Serjeants at Mace, have the ſole power of executeing of all Writs, and proceſſe within the ſaid Towne and the Libertyes thereof, except proceſſe of Execution. And that the Sheriffe of the County of W. or any of his Officers ſhall not intromit themſelves, nor execute any Writ or Writs or other proceſs thereof, or make any Returne or Returnes thereof within the ſame Corporation, or the Libertyes, or Precincts of the ſame, But in caſe of Omiſſion, and neglect of the ſaid Mayor, and his Officers in the Execution of the ſaid Writs.

And further we will for us, &c. And Grant to the ſaid Mayor, &c: That they and their Succeſſours Faires and Markets, &c. ſhall and may for ever hereafter hold and keep within the ſaid City in every Week of the yeare, two Market dayes, the one upon Munday, the other upon the Saturday, as heretofore they have had and held, and now have and hold the ſame within the City aforeſaid. And alſo three Faires there every yeare, the firſt of them to begin yearly upon Wedneſday, &c. and to continue for all that Wedneſday and the two dayes next following, the ſame to be held in a place there called N. The next to begin yearly upon Munday, &c. and to continue, &c. and to be held in the Pariſh of P. And the third, &c. (ſet downe the particulars.) Together with a Court of Py-powders there, the time of the Set downe ſaid Faires and Markets to be held before the ſaid Mayor of the ſaid City for the time being, and the Recorder or Town Clarke, or any two Court of Py-powder. of them, whereof the Mayor to be one, together with all Libertyes and Free Cuſtomes of Toll, Stallage, Piccage, Fines, Ame • cements, and all other profits whatſoever from ſuch Market and Court of Py-powders ariſing and happening, or as thereunto belonging, or appertaining, ſo as the ſaid Markets, and Faires, or any of them be not to the hurt of other Markets or Faires neare adjoyning.

And further we will for us, &c. and grant to Court of Record. the aforeſaid Maior and Commonalty, and their Succeſſours, That they, and their Succeſſours, ſhall, and may have, hold, and keep within the ſaid City and Liverties, and Precincts thereof, in every week, in every year for ever, upon Tueſday, one Court of Common-Pleas, for all Actions of Debt, Treſpaſs, Treſpaſs upon the Caſe, and detinue, wherein the Debt, or Damage demanded, do not exceed one hundred pounds, the ſame to be held before the Maior, Recorder, and Town-Clerk, or any two of them; whereof the Maior to be one, who ſhall have power to hear and determine the ſame Pleas or Actions, according to the Rules of the Common-Laws of the Nation, and the courſe of other Courts of Corporations in the like nature.

And whereas we have received Information, that the ſaid circuit of Ground, commonly called by the name of the Cloſe of N, wherein the Cathedral Church there now ſtandeth, is, and hath been in times paſt, reputed to be parcel of the ſaid City of N, within the Ward there commonly called New-ſtreet Ward: and that the ſame hath been heretofore under the Rule and Government of the ſame City, until of latter times, that the ſame hath been under ſome colour taken from the ſaid City, whereby there hath been a failer of Juſtice there; Know ye, therefore, that we, for the remedy thereof, have granted, and do hereby for us, and our Succeſſors, for the more orderly Government of the people, now, and hereafter to be reſiding within the ſame Cloſe, ordain, declare, and appoint, and grant to the ſaid Maior and Commonalty, and their Succeſſors, that the aforeſaid Cloſe called N. S. with the Liberties and Precincts thereof, be, and ſhall be for ever hereafter eſteemed and taken to be parcel of our ſaid City of N. And we do for us, &c. by theſe Preſents, unite and annex the ſame, and every part thereof, unto our ſaid City of N. for ever; and do will, that the ſame ſhall be reputed and taken for ever hereafter, to be part of the ſaid City.

And we do further, for us and our Succeſſors, give and grant to the ſaid Maior and Commonalty of our ſaid City of N. and their Succeſſors, by theſe Preſents. And we do will, conſtitute, declare, and ordain, that the Metes, Limits, and Bounds of our ſaid City of N. ſhall extend unto, and through the ſaid Cloſe, and into, and through all the Scite, Circuit, and Precincts thereof, and from ſuch a place, &c. (bound it).

And we do further by theſe Preſents, for us, &c. give and grant to the ſaid Maior, &c. And we do hereby will, ordain, and appoint, that the Inhabitants of, and within the ſaid Cloſe, and the Precincts thereof, ſhall be for ever hereafter ordered, ruled, rated, taxed, and governed, from time to time, and at all times hereafter, with, and as the reſt of the Citizens and Inhabitants of the ſaid City of N. are, or ſhall be ordered, ruled, rated, taxed, and governed, according to the Laws and Statutes of England; and according to the lawful Grants, Cuſtomes, and Uſages of the ſaid City: and that the ſaid City of N. together with the Cloſe aforeſaid, with the Liberties & Precincts thereof, ſhalbe for ever hereafter a free City, & called & known by the Name of the city N. in the county of W. And that the ſaid Maior and Commonalty, and their Succeſſors, ſhall, for ever hereafter, have, hold, exerciſe, and enjoy within the ſaid Circuit of Ground, called the Cloſe of N. ſuch, and the ſame Liberties, Priviledges, Franchiſes, Rights, Royalties, Free Cuſtoms, Juriſdictions, and Immunities, as by vertue of theſe Preſents, or otherwiſe, they may or might have, hold, exerciſe, and enjoy, within the ſaid City, or any part thereof.

And we will for us, &c. and do by theſe Preſents grant to the Maior and Commonalty of General Words. our ſaid City of N. and their Succeſſors; that the ſaid Maior and Commonalty of our ſaid City, and their Succeſſours, that they ſhall have and enjoy all the lawful Priviledges, Franchiſes, Powers, that they have and uſe, or that any their Predeceſſors at any time within ſixty years laſt paſt, had, took, or enjoyed, or ought to have had, by reaſon, or under pretence, of any of their former Charters: Or by Preſcription, or any other Right, Cuſtom, or Uſage. And all Priviledges and Benefits, that by the Common-Laws, or by any Statute-Law, is given to, or conferred upon Corporations: although the ſame have been forfeit or loſt, or have been ill uſed, or not uſed, or abuſed, or diſcontinued: albeit, they be not particularly named herein: and that no Officer of ours ſhall diſturb them therein, under any pretence whatſoever: Not onely for their future, but for their preſent enjoyment thereof. Saving to all Perſons, Bodies Saving to ſtrangers. Politike and Corporate their Heirs and Succeſſors, all ſuch Right, Title, and Claim, Poſſeſſion, Rents, Services, Commons, Emoluments, Intereſt, in, and to any thing which is theirs, ſave onely the Franchiſes aforeſaid, in as ample manner, as if this Charter had not been made.

Nevertheleſs, We will and declare, that the Proviſo. Incorporation to be founded by this Charter, ſhall not at any time hereafter do, or ſuffer to be done, any thing; by means whereof, the Lands, Tenements, or Hereditaments, Stock, Goods or Chattels thereof, ſuch as have been ſetled to pious or charitable uſes, ſhall be waſted, or miſimployed, contrary to the Truſt and Intent of the Founders thereof. And that ſuch, and no other conſtruction ſhall be made hereof, then that which may tend moſt to advance Religion, Juſtice, and the publike good; and to ſuppreſs all Acts and Devices, to be invented, and put in ure, contrary thereunto.

And laſtly, We do for us, &c. grant, that this preſent Charter ſhall paſs without Fine, or Fee, Fine, or Fee. in the Hamper. In witneſs, &c.

FINIS.

NOTES OF Another Preſident.

OLIVER Lord Protector, &c. Whereas the Bridge of our Village of M. in our county of B. over the Water of Thames there going, is of great uſe to our people for carriages, &c. and the ſame was uſed to be repaired by the charge of a certain Fraternity, and Guild now diſſolved, &c. And that they were uſed to have certain ſums of money to help to the repair thereof. And had certain Cuſtoms, Profits, and Liberties, granted by H. 6. And whereas Q. Eliz. 7. Marcii, 24. Eliz. by her Letters-Parents, for the Recital of Patents. better repair of this Bridge, made the ſame Village a free a free Village of it ſelf, and the Inhabitants of the ſame Village and their Succeſſors, Inhabitants, there Incorporate by the name of Guardians of the Bridge, and the Burgeſſes and Commonalty of the Village of M. in the county of B. And have uſe, and enjoy divers L • berties, Priviledges, Juriſdictions, Franchiſes, and Preheminences, by the ſaid Letters-Patents, to them and their Succeſſors for ever; as by the ſaid Letters-Patents, &c. And whereas our beloved Subjects to the Nnow Guardians of the Bridge, &c. of the Village of M. aforeſaid, have humbly beſought us, that we would grant to them our Regal Grace and Bounty; And that we for the better Government, and publick good of the ſaid Village, that the ſaid Guardians of the Bridge, &c. into one Body-corporate, or Politick, by our Letters-Patents, would ratifie, approve, and confirm, or anew conſtitute, create, and make the ſame, as to us ſhall ſeem beſt. We therefore conſidering the Premiſes, and that the ſaid Village of M. is an antient and populous Village; to and through which, there is frequent coming and going by our ſubjects, and over the ſame Bridge. And being willing that for ever hereafter an undoubted and certain manner and order be had and held within the Village aforeſaid for the keeping of the Peace, and for the good Government of our People there. And to the end, it may for ever hereafter remain a Village of peace and quiet, to the fear and terrour of the evil, and the reward of the good; And that our peace be maintained and kept: And to the end the ſaid Bridge be from time to time well and ſufficiently repaired without delay. And hoping that if the Guardians of the Bridge, &c. of the Village aforeſaid, and their Succeſſors, may enjoy by our Grant greater Liberties, and Dignities, that then they will put themſelves forth to the uttermoſt to do us and our Succeſſors ſervice; And that they will account themſelves the more obliged to us. Of our ſpecial grace, certain knowledge, and meer motion, have willed, ordained, conſtituted, and granted: And for us, and our heirs and ſucceſſors, will, &c. declare, That our ſaid Village be, and remain for ever hereafter a free Village of it ſelf. And that the ſaid Guardians of, &c. and their Succeſſors, be for ever hereafter, and ſhall be by vertue of theſe Preſents, one corporate and Politick Body, in Deed and Name, by the name of the Guardians of the Bridge, the Burgeſſes and Commonalty Name of the Corporation. of the Village of M. in the Village of M. in the county of B. And them by the name of the Guardians, &c. in the county of B. one corporate and Politick-Body, in Name and Deed, really and to the full for us, our heirs, and ſucceſſors, do make ordain, grant, conſtitute, and confirm, declare, and create by theſe Preſents; and that by this Name they ſhall have a perpetual ſucceſſion: And that To have, take, buy, ſell. they and their Succeſſors, by the name of the Guardians, &c. b • , and ſhall be at all times hereafter a Perſon able, and in Law capable to have, get, receive, and poſſeſs Laws, Tenements, Liberties, Priviledges Juriſdictions, Franchiſes, and Hereditaments, to them and their ſucceſſors, in Fee-ſimple, or for term of life, lives, or years, or otherwiſe. And alſo Goods and Chattels, and all other things of what kind, nature, or quality ſoever. As alſo to give, grant, let, ſet, and aſſign the ſame Lands, Tenements, Hereditaments, Goods, and Chattels; and do and execute all other things by the name aforeſaid: And that by the name of Guardians, &c. they may ſue; and be ſued, &c. As in the firſt Preſident, Mutatis Mutandis. And moreover, Number of Burgeſſes, and Officers. we will, and by theſe Preſents, for us, and our ſucceſſors, grant to the aforeſaid Guardians of the Village aforeſaid, that there be, and ſhall be in the Village aforeſaid, 11 Burgeſſes, Inhabitants of the Village aforeſaid, and there reſident in the Form, as by theſe Letters-Patents is hereafter ſpecified to be choſen and made: of which ſaid 11 Burgeſſes, two ſhall be Guardians, and two ſhall be Bridg-Overſeers, who ſhall have the care of the repair, and maintenance of the Bridge of the Village of M. aforeſaid, and of the good Government, Order, and correction of the Burgeſſes, and Inhabitants of the Village aforeſaid. And for the better execution of our ſaid Pleaſures and Grants on this behalf, we have aſſigned, named, conſtituted, and made; And by theſe Preſents for us, &c. do aſſign, &c. our beloved W. I. H. B. &c. Inhabitants of the Village aforeſaid, to be by vertue of theſe our Letters-Patents, the firſt Burgeſſes of Preſens Burgeſſes. the Village aforeſaid, and that every one of them ſhall be, and remain in the Office of a Burgeſs of the ſaid Village, as long as he ſhall live and inhabit within the ſaid Village, if he be not before removed, or diſcharged from the ſaid Office: every one of which for his evil behaviour, or unfit being, we would have to be removeable at the pleaſure of the Guardians, Overſeers of the Bridge, and the reſidue of the Burgeſſes of the ſame Village for the time being, or the greater part of them. And we have aſſigned, named, &c. and by theſe Preſents do aſſign, &c. the ſaid W. I. and H. B. to be the firſt Guardians of the Village aforeſaid; and will, that they ſhall continue in the ſaid Office, from the date of theſe Preſents, unto Wedneſday next after the Feaſt, &c. and from that Wedneſday, until other Burgeſſes of the Village aforeſaid, to the ſaid Office, ſhall be choſen and ſworn, according to the Ordinations and Proviſions in theſe Preſents expreſſed, if they ſhall ſo long live and dwell within the ſame Village, if they ſhall not be before removed or diſcharged from the ſaid Office; which for their evil behaviour we would have to be removeable, and to be diſcharged by the Overſeers of the Bridge, and reſidue of the Burgeſſes aforeſaid, or the greater part of them. And moreover of our further grace, &c. For us, &c. We will and grant to the aforeſaid Guardians, Overſeers of the Bridge, Burgeſſes, and Commonalty of the Village aforeſaid, and their Succeſſors; That the Guardians, Overſeers, and Burgeſſes of the Village aforeſaid, for the time being, or the greater part of them, gathered and aſſembled together, whereof, the Guardians, and one of the Overſeers of the Village are aforeſaid, we will have to be three, ſhal have, and by theſe preſents, may have full power Ordinances. and authority to make and eſtabliſh, from time to time, ſuch Laws, Ordinances, and Conſtitutions, as to them, or greater part of them, ſhall ſeem good, wholeſome and profitable, and neceſſary, according to their diſcretions, for the good government, and order of the ſaid Guardians, &c. of the Village aforeſaid; and all the Officers, Miniſters, A •• iſicers, Inhabitants whatſoever, in the Village aforeſaid, for the time being, & about, or in any thing concerning the repair and maintenance of the Bridge, and other the Ways and Paſſages aforeſaid leading thereunto; & for the Declaration in what manner and order the ſaid Guardians &c. and all and ſingular other the Officers, &c. of the Village aforeſaid, in their Offices, Functions, Miniſteries, and Buſineſſes, within the Village aforeſaid for the time being, ſhall behave and dem • an themſelves. And for the better government and profit of the ſaid Village, and for the reparation and keeping of the ſaid Bridge-ways and Paſſages; and alſo for the better preſervation, government, and diſpoſal of the ſaid Lands, Tenements, Revenues, Heredicaments, Goods, and Chattels, to the ſaid Guardians, &c. and their Succeſſors by theſe Preſents, given or granted, or hereafter to be given or granted; and all things and matters whatſoever the ſaid Village, Eſtate, Right, or Intereſt thereof, touching or in any wiſe concerning the ſame, We will, ordain, &c. that the Guardians of the Village aforeſaid for the time being, or the greater part of them; whereof the Guardians, &c. to be three, as oft as they ſhall make, &c. the Laws, &c. in form aforeſaid; and ſuch Puniſhments, Pains, and Penalties, by Fines, Amercements, or other lawful Penalties. ways, towards, and upon all the Inhabitants within the ſaid Village, offending againſt the ſaid Laws. &c. or any other or others ſuch as the ſaid Guardians, &c. for the time being, or the greater part of them whereof the Guardians, &c. to be three, for the obſervation of the ſaid Laws, &c. ſhall be fit to ordain and appoint, and the ſame Fines and Amercements, that they ſhall, and may levy, and have without any let of us, our Heirs, or Succeſſors, or any of the Officers or Miniſters of us, or them; all and ſingular which Laws and Statutes, &c. ſo as aforeſaid to be made, We will have to be obſerved under pain therein contained. Yet ſo, as the ſaid Laws, &c. Penalties, Fines, & Amerciaments, be reaſonable, or agreeable to Reaſon, and not repugnant to the Laws, Liberties, Rights, Cuſtoms, and Statutes of England. And moreover, we will, &c. and grant to the aforeſaid Guardians, Election of officers. &c. that the ſaid Guardians, &c. and the greater part of them from time to time, and in perpetual future times, have, and ſhall have power and authority, every year in the moneth of Septemb. (that is) Wedneſday next after, &c. to chooſe and name, and that they ſhall have power to chooſe and name two of themſelves, that ſhall be Guardians of the Village aforeſaid, for one whole year next to come; and that they, afterthat they ſhall be choſen and named for Guardians of the Village aforeſaid, before they be admitted to execute that Oath of Officers. Office, ſhall take their Corporal Oaths upon the Holy Goſpel of God, within a moneth after their Nomination and Election, before one of the Guardians, being his Predeceſſor, in the preſence of the Overſeers of the Bridge, and the Burgeſſes of the Village aforeſaid for the time being, or the greater part of them, well and truly to execute the ſaid Office: And after ſuch Oath ſo taken, that he or they ſhall and may execute the ſaid Office unto Wedneſday next, before the Feaſt of, &c. then next following; and from thence until one or two other (as occaſion ſhall be) of the Burgeſſes of the Village aforeſaid ſhalbe choſen, appointed, and in due manner ſworn into the ſaid Office of Guardian, or Guardians of the Village aforeſaid, if he or they, ſhall ſo long live, and abide in the ſame Village and ſhall not before that time be removed or d • ſcharged of his or their Office of Guardian, or Guardians of the Village aforeſaid; which for his, or their evil behaviour of the Overſeers, and reſidue of the Burgeſſes of the Village aforeſaid, or the greater part of them, we would have to be moveable, and to be diſcharged. And moreover, We will, &c. and for us, &c. grant to the ſaid Guardians, &c. that if it happen the late Guardians of the Village aforeſaid, or either of them, or any other Guardian of the Village aforeſaid, for the time being, ſo as aforeſaid, to be choſen after that to the Office of the Guardian of the Village aforeſaid, ſo as aforeſaid, he ſhall be choſen and ſworn, he ſhall happen to die, or be otherwiſe removed or diſcharged, that then, and ſo often, it ſhal be lawful for the ſaid Overſeers, and Burgeſſes of the Village aforeſaid, for the time being, or the greater part of them, to chooſe and appoint another of themſelves to the Office of the Guardian of the Village aforeſaid; and that he ſo elected, and ſet up, may, together with the other Guardian, have, and exerciſe the ſaid Office, during the reſidue of the ſame year, if he ſhall ſo long, &c. And ſo in the like manner, as to the other Officers, Mutatis mutandis.

And moreover, we will and grant to the ſaid Guardians, &c. That the ſaid Guardians, &c. for the time being, and the greater part of them from time to time, in perpetual future times, have, and ſhall have power and authority yearly, and every year, upon Wedneſday next after, to chooſe & name two of themſelves, who ſhalbe Overſeers of the Bridge of the Village aforeſaid. (And ſo throughout as in the chooſing of the laſt Officers). And moreover we will, &c. and grant to the ſaid Guardians, &c. that if it happen any one or more of the Removal of an Officer, or Member. Burgeſſes of the Village aforeſaid to die, or otherwiſe to be removed or diſcharged from his or their office, or offices of Burgeſſes of the village aforeſaid, who or whom, or for his or their evil behaviour, or being unfit, &c. (as in the like caſe before) that then, and ſo often, it ſhall and may be lawful for the Guardians of the Village aforeſaid for the time being, or the greater part of them, and other, or others of the Inhabitants of the Village aforeſaid within 15 days then next following, after the death, removal, or diſcharge of any ſuch Burgeſs, or Burgeſſes, ſo dying, or diſcharged into his, or their place or places, to chooſe and ſet up; And that after he or they ſhalbe ſo choſen, that they take their oaths within 15 days before the Guardians, &c. and then that they ſhall execute the ſame office as long as they live, unleſs they be removed by misbehaviour, &c. (in the ſame manner as it was penned for the other Officers.) And moreover, we will, &c. and grant to the ſaid Guardians, &c. that they and their Succeſſors from henceforth for ever, ſhall and may have and hold within the Village aforeſaid, one Court of Record every 3d week through the year (that is) on the Wedneſday of the ſaid 3d week, or oftner at their pleaſure, before the Guardians and Overſeers of Court of Record. the Bridge of the Village aforeſaid, or before two of them for the time being to be held. And that in that Court they may hold Plea from time to time, of all and all manner of Actions, Suits, and Demands, of all and all manner of Treſpaſſes (By Force and Arms) and of all other Treſpaſſes, faults, and offences, within the Village aforeſaid, the Limits or Precincts of the ſame, made or committed, or to be made, moved or committed, and of all and all manner of Treſpaſſes, upon the Caſe, Debts, Accounts, Covenants, Deceipts, Detainers of Writings, taking and detainers of Goods and Chattels, and other Contracts whatſoever, of, or for any cauſes or things, perſonal or mixt, within the Village aforeſaid, the Limits, Precincts, and Liberties thereof ariſing or happening. So as the Plaintiff, or Defendant in ſuch Actions, Suits, or Complaints, be dwelling or abiding within the ſaid village, the Liberties or Precincts thereof. And ſo as the ſame Debts, Treſpaſſes, Accounts, Covenants, Contracts, and other Actions perſonal or mixt ſingularly by themſelves, do not exceed the ſum or value of 100 l. And that ſuch Pleas, Complaints, and Actions, perſonal and mixt, ſhall be from time 10 time heard and determined before the ſaid Guardians and Overſeers of the Bridge of the ſaid Village, or two of them, by ſuch the like, and ſuch like proceſs, manner, means, and wayes, as ſhall be ſuitable to our Laws of England; and in as large and ample manner and form, as in any of our Courts of Record, in any other Corporate, Village, or Borough within England, now or heretofore hath been, is, or ought to be uſed or accuſtomed. And that the ſaid Guardians and Overſeers, and their Succeſſors, or two of them, upon every ſuch Complaint, Pleas, Actions, and Suits, have, and ſhall have power and authority over the perſons, Defendants, and every of them, againſt whom ſuch Complaints, Actions, and Suits, in the aforeſaid Court, ſhalbe raiſed, or moved to bring into Plea, by Summons, Attachment, and Diſtreſs: And for default of Land and Chattels of ſuch Defendant within the Village aforeſaid; and the Bounds and Liberties thereof, where, or by which they may not be ſummoned, attached, or diſtrained, by attachment, or taking of their Bodies, according to the cuſtom, in ſome other Villages incorporate and Burroughs within England is uſed. And the' ſaid Actions, Suits, and Pleas ſeverally to hear and determine. And by the like Proceſs, Judgment, and Executions of Judgments, to deduce and determine by which the like Pleas in any other incorporate Village or Borough within this of England, are deduced and determined, or have been uſed to be deduced or determined.

NOTES OF Another Preſident.

OLIVER Lord Protector, &c. To all to whom theſe preſent Letters-Patents ſhall Recitals. come, &c. Whereas the late King CHARLES by his Letters-Patents bearing date, &c. did incorporate the Town and Pariſh of L. in the County of W. And did ordain and conſtitute the ſame to be a free Borough conſiſting of ſixe Aldermen, ten Bergeſſes, and twenty Aſſiſtants: And therein did grant unto them divers Franchiſes, Priviledges, and Immunities, as by the ſaid Letters-Patents, relation being thereunto had more at large may appear.

And whereas the Inhabitants of the ſaid Town and Pariſh of L. by their humble Petition, have repreſented unto us divers and manifold defects that were in the ſaid Patent; and humbly pray, that for the removing of their grievances, and better government of the ſaid Town and Pariſh, We will be pleaſed to grant a new Charter of Incorporation of the ſaid Town and Pariſh, to conſiſt of a Maior, twelve Aldermen, and thirty Common-Cuuncel men, with ſuch other Alterations, Additions, and Clauſes; as We ſhall think fit:

We conſidering the Premiſes, and willing for the future, that a more firm, certain, and peaceable government may be eſtabliſhed within the ſaid town and Pariſh of L. Do, of our ſpecial Grace, certain Knowledge, and meer motion, by theſe Preſents, will, ordain, grant, and conſtitute, that the aforeſaid Town and Pariſh of L. from henceforth for ever, may and ſhall be, and is hereby made & conſtituted, and ordained to be for ever a free Borough of it ſelf. And that all the Houſes, and Buildings, Lands, Waters, Water-courſes, Soyl, and Ground ſcituate, lying and being within the town and Pariſh of L. aforeſaid, from henceforth and for ever, are, and ſhall be within the Limits, Meats, Bounds, and Juriſdictions of the ſaid Burrough of L. And that all and ſingular the Inhabitants of the Town and Pariſh of L. aforeſaid, and their Succeſſors, from henceforth and for ever, may and ſhalbe one Body-Corporate and Politike, in Deed, Action, and Name, of a Mayor and Aldermen of the Borough of L. in the County of W. And we do erect, make, ordain, create, conſtitute, and declare, for us and our Succeſſors, the ſame to be one Body-Corporate and Politike, in Deed, Action, and Name, really and fully by theſe Preſents. And that the ſaid Maior and Aldermen, and their Succeſſors, ſhall and may from henceforth for ever, be Name. the immediate Succeſſors of the ſaid Aldermen & Burgeſſes of the Borough aforeſaid. And that by the ſame name of Maior and Aldermen, they may have perpetual Succeſſi • n. And by the name of Maior and Aldermen of the Borough of L. in the County of W. may, and ſhalbe in perpetual future times, fit perſons, and capable in Law, to have, To have, and take. take, receive, and poſſeſs Lands, Tenements, Liberties, Priviledges, &c. (As in the other Preſidents, Mutatis, Mutandis.)

Notes of another Preſident.

VVe do grant to I. S. &c. that they, and all men that ſhalbe Elect there Maiors, Bayliffs, or other Head-Officers, &c. in the ſame City, be in Fact, Deed, and Name, one Body, and perpetual Commonalty, or Corporation, and Incorporate by the Name of, &c. And that the ſame Commonalty and Corporation, every year for ever, may chooſe and make of the ſame Commonalty, ſome wiſe & godly man Mayor of the ſame commonalty, to overſee & govern the ſame Corporation, and all the Perſons & Affairs therof during that year, &c. And that the ſaid Maior and Commonalty Succeſsions Common-Seal. ſhall have and enjoy a perpetual Succeſſion; and have and enjoy a Common-Seal, to ſerve for ever for the buſineſſes of the ſame Corporation, &c.

Notes of another Preſident.

THat we at the requeſt of A. B. C. D. honeſt perſons now exerciſing and occupying the ſeveral Trades, Arts, Myſteries, Crafts, Faculties, and Occupations of Drapers, Taylors, Mercers, Hardwaremen, Coopers, and Chandlers, within our Borough and Town of D. in the County of G. And for the better Government and common profit of the ſame Town, and of all and ſingular the perſons, as well now as hereafter, their Arts, Myſteries, or Occupations there exerciſing, profeſſing, and practiſing; as alſo, according to the antient Cuſtom within the ſaid Town, where time out of mind hath been a certain Commonalty or Fellowſhip of the aforeſaid honeſt men, who the ſeveral Tradeſmen a Corporation. Trades, Arts, Crafts, Myſteries, Sciences, or Occupations of Drapers, Taylors, Mercers, Hardwaremen, Coopers, and Chandlers aforeſaid, or any of them within the Borough or Town aforeſaid now do, or hereafter ſhall or may exerciſe, trade, or occupy, will, have, inſtituted, and begun. And therefore we do by theſe Preſents grant to the aforeſaid A. B. C. D. &c. That they, and all the Occupiers of the ſaid Trades, &c. and every or any of them within the Lordſhip, Borough, and Town of D. aforeſaid, ſhall be in Deed and Name one Body Politike, Commonalty and Fellowſhip perpetual. And that the ſaid Fellowſhip and Commonalty, may every year chooſe out of them three expert Chooſe Wardens and Officers. men that have lived three years, and been of one of theſe Trades, to be Wardens for a year, to overſee the Trades, and govern the Society & Tradeſmen thereof, and ſtrangers uſing the Trades there and to puniſh Offendors againſt their Orders herein mentioned, with the conſent of the major part of the Commonalty. And that the ſaid Wardens, Commonalty, or Fellowſhip, ſhall and may have a perpetual Succeſſion, and Common-Seal for By-Laws. their Affairs, called the Common-Seal of the Wardens and Commonalty or Fellowſhip of Drapers, &c. And that they the ſaid Wardens and Commonalty, and their Succeſſors, may lawfully make honeſt and lawful Aſſemblies, Orders, and Ordinances, for the Government, over-ſight, and correction of the ſaid Commonalty or Fellowſhip; and of all perſons trading, practiſing, uſing, or occupying the Arts, Trades, &c. aforeſaid; or any of them within the ſaid Borough, &c. to the Laws &c. of this Nation agreeable, &c. And that ſuch a day they meet yearly, and chooſe their Wardens, and one to be Clerk of the Company for that year; and there make ſuch Orders, as the moſt of them ſhall agree to for Government, &c.

FINIS.