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A31129
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The Case of the charter of London stated shewing, I. What a corporation is, II. Whether a corporation may be forfeited, III. Whether the mayor, commonalty, and citizens have done any act in their common council, whereby to forfeit their corporation and franchises.
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1683
(1683)
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Wing C1026; ESTC R20678
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20,199
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19
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First for the King sent to the Free-holders to lend to him Money Huttons rep fo Veritas convitii non excusat convitiantem a poena Penry for publishing Scandalous Libels against the Church-Government was Indicted Arraigned Attainted and Executed P. 35. Eliz. inter Placita Goronoe in Banco Regis New Book of Entries fo 252. Williams a Papist and Barrister at Law Indicted of High-Treason for writing two Books the one called Balaams Ass and the other called Speculum Regale because he affirmed the King should dye before 1621. and for saying that England was the Habitation of Devils and that it is the abomination of desolation By all the Judges it was High-Treason at common-Common-Law for these words import the End and the Destruction of the King and his Nations and that false Religion is there maintained which is a motive to the people to Rebellion And although the Book was enclosed in a Box sealed up and conveyed secretly to the King and never published yet he was Attainted for High-Treason and Executed at Charing Cross P. 17. Williams of Essex Case Rolls rep part 2. f. 89. In the time of Henry the Eighth upon the Dissolution of the Monasleries there was a great Rebellion in the North of England the Dean of Windsor being told of it said The King had brought his Hogs to a fair Market and a Parson hearing of it said Principibus obsta serò medicina paratur because the words of the Dean had an ill Reflection upon the Government and of his Majesties Management of the Affairs of State they were both Indicted of High-Treason for speaking the words and were found guilty and the Dean was attainted of High-Treason but the Parson because he was so ignorant as many times Ignorance is the best Sanctuary that he did not know the difference between Principiis and Principibus he was Reprieved and obtained his pardon of the King Every Libel against a private person deserves severe punishment for it incites all of the Family Kindred and Society to revenge and tends to Quarrels Verba movent litem lis vulnera vulnera Mortem against a Subordinate Magistrate it 's a greater offence because it scandalizes the Government for Injuria crescit decrescit secundum dignitatem personoe But against the King who is the Supream Head of the Common-wealth Pater Patrioe it 's a Crime of the first Magnitude And how fatal and pernicious the publishing of Scandals and Libels have been to the Kings of England and to their good Subjects this Nation is very sensible 7 E. 1. the King sent Commissions to all the Counties of England to enquire de Spersoribus Rumorum and 25 E. 1. Declaratio Regis missa fuit ad omnes Comitatus Angliae de Rege purgando de certis rumoribus iniquis contra ipsum ortis c. Rot. Parl. 7 E. 1. M. 13. Rot. Patent 25 E. 1. pars 2. M. 7. A Declaration of the King was sent to all the Counties of England to purge him of certain false and unjust Rumours and Scandals raised against him Rex mandavit Majori Vicecomit London Quod facta inquisitione de sparsâ—ribus rumorum Seditionem in Civitate ipsas caperent in Prisona de Newgate detinerent 20 E. 3. pars 1. M. 18. 26. The King Commands the Major and Sheriffs of London that they make diligent inquisition of the spreaders of False Reports and Sedition in the City and that they should seize upon them and keep them in the prison of Newgate As for the Petition imprinted and published by the Major Aldermen and Citizens I hope it was acted by many of them out of a principle of Piety and Loyalty but must needs be looked upon as an action of no great discretion in them to say no worse for to make such ill reflections upon his Majesty when the King by his Oath is bound to do Justice and Nulli Negavimus is one of his Royal Attributes Ob. But it hath been said That no acts bind beyond the Corporation but such as are done under their common Seal therefore they cannot present a Clerk to a Living but by Deed sub Communi Sigillo 13 H. 8.12 nor make a Surrender 33 H. 6.17 34 H. 6.21 nor assign Auditors 4 H. 7.17 7 H. 7.9 Et hujusmodi so their Laws and Constitutions made in their Common Council do not bind because they are not under their Common Seal Answ Excellent Logick he must be a rare Chymist that can Extract such a Consequence from the Premisses The Common Council of the City is a Parliament of the City the Mayor is the King the Aldermen the Peers the Commonalty the Commons and what they there Enact and Ordain is upon Record Jones Rep. Fol. 540. Therefore those Constitutions and Ordinances by them there made being Enacted in a Court of Record if not Warrantable make the more against them and what is then by them Enacted is of greater Force and Puissance than if it had been under their Common Seal If they appoint an Attorney at Law or Bayliff in their Common Council they may justifie any Act which doth belong to their Office Sans monstrans de fait c. for it 's to the Use of the Corporation 12 H. 7.25 26. They certifie their New Mayor Yearly in the Exchequer because it 's entred on Record 13 H. 8.22 vide lib. 10. l' Guardians 8. S. Saviours Case 14 H. 8.29 12 E. 4.9 10. IV. If the Mayor Commonalty and Citizens have done any Act in their Common Council whereby to Forfeit their Corporation and Franchises Where a Franchise is absolute and entire and hath no dependence on another Franchise then if any incident to it be Forfeited the whole Franchise is Forfeited 22 Ass 34. Palmers Rep. Fol. 82. en l'Case d' Corporation d'Maydenhead But the Corporation of London is a Franchise Court d'Entries Fol. 527. Palmers Rep. Fol. 82. absolute and entire and hath no dependance on another Franchise therefore the Forfeiture of any incident to the Corporation of London is a Forfeiture of the Corporation To make Laws and Ordinances for the well Government of the Corporation is incident to every Corporation Hob. Rep. Fol. 211. But the Corporation of London hath abused and mis-used this Power therefore they have Forfeited their Power to make Laws and Ordinances which is incident to their Corporation therefore they have Forfeited their Corporation the abuse of the Court of Pye-Powders being incident to a Fair is a Forfeiture of the Fair 7 H. 4.44 otherwise of Toll because it 's not incident to the Fair or Market Palmer Ibid. Object There is a Stat. 7 R. 2. That the Citizens of London shall enjoy all their whole Liberties whatsoever with this clause Licet usi non fuerint vel abusi fuerint and notwithstanding any Statute to the contrary 7 R. 2. n. 37. Answ This is no Act of Parliament but an Act of Grace of the King in Parliament For no assent of the Lords
quia ipsum Willielmum talliavit Anno Regis 9. una f. vice ad 2 s. atia vice Anno 10 18 d. quod tallagium ei à retro fuit pro proedictis 2 s. per Annum ipsum Willielmum distrinxit super feodem suum pro proedictis arreragiis Adjudged that the Tallage of 2 s. and 18 d. or any other sum uncertain And because it was to be at the will and pleasure of the said Richard D'Wakyes 't was against the Statute of 34 E. 1. and so void M. 11. E. 1. in Banco Rot. 49. Sussex A Custom that the Lord of a Mannor shall detain the Distress taken upon his Demesnes until a Fine be paid unto him for the damage at his will is void Davys Rep. fo 33. a. 2 H. 4.24 and because he is Judge in his own case 5 H. 7. fo 9.44 E. 3. fo 19. An Action of Trespass was brought for carrying away of certain Trees The Def. pleaded a Custom that he of the Tenants of the Mannor which first came to the place when c. should have all the Windfalls there Adjudged that this Custom was void for the incertainty and the reason given was that that lieth not in Prescription which lyeth in the will and pleasure of man for the will of man is uncertain 14 E. 3. Fitz. Batt 277. And this Ordinance of the Mayor and Commonalty and Citizens doth not onely extend to his Majesties Subjects within the City of London but unto Forainers and Strangers which shall come to their Markets within the said City which is not only against Law but a very high breach of their trust which his Majesty hath reposed in them and a misuser and abuser of their Franchises The Lord of a Mannor prescribes to have of every man which breaks the Pound of the Lord there 3 l. the Prescription is not good because Strangers cannot be bound by it 21 H. 7.40 11 H. 7. fo 14. a. 21 H. 7. fo 20. And any Town may make a By-law amongst themselves that no man there shall put their Cattel within the Commons before Michaelmas upon pain of 20 s. adjudg'd that that binds them but no Strangers shall be bound by it 20 H. 7.40 11 H. 7. fo 14. 21 H. 7. fo 29. And therefore that Ordinance or By-law made by the Guardians and the Fellowship of Weavers of Newbury That no person should use the Art of Weaving within the said Town of Newbury except he had been an Apprentice to the Art within the said Town and had used it there by the space of five years before the said Ordinance or were admitted by the Guardian and Fellowship upon the pain of 20 s. a month is void because it excludes Strangers though they have served as an Apprentice for 7 years to the said Art and because it did restrain the Liberty of the Subject Hol. rep fo 211 212. This Ordinance made by the Mayor and Commonalty and Citizens of London in their Common-council assembled is against Law it restrains the Kings Subjects in their Liberties which are their rightful Inheritance Every one that comes to their Markets with Victuals c. without which they could not subsist must pay c. if not they must be turned out c. Solve aut abi this is pro privato lucro But that Ordinance for carrying their Broad Cloth before sale thereof to Blackwel-hall to be searched was pro hono publico and for that reason did oblige Strangers that did not bring their Cloth to be searched lib. 5. Chamberlain of Londons Case Money cannot be raised or charged upon the Subject but by Act of Parliament If the King himself cannot do it I am sure no Corporation can having no power Authority or Jurisdiction but what is originally derived from him It 's not the quantity of Money levied by them but the manner of the raising of it by a Legislative Power unjustly usurped in their Common-council It was not the quantity of the Ship-money but the raising of it without a Parliament which was the Crime Quos una culpa nectet eos una poena plectet and that must be the Seising of their Liberties A Man takes two pence for every Barrel of Beer which shall be Landed at a certain place near to the Sea this is not lawful although it be upon his own Land for this is to Levy a new Custom which he could not do Rolls Abridg. tit Proerogat fol. 571. An Information was against Morgan for raising of two pence for every parcel of Beer landed at Crockernepit in the County of Sommerset near Bristol he was found guilty was Fined one hundred Marks and imprisoned by Judgment of Court upon one of the Articles in Eire That it shall not be lawful for any person to raise a Tax Rate or Custom upon the Subjects of the King though on their own Land P. 11. Car. 1. Rolls Abridg Tit. Proerogat fol. 571 2. The Contriving Imprinting and Publishing of the Petition to be presented to his Majesty containing much seandalous Matter in it and Reslections upon his Government I agree it 's lawful for any Subject to Petition to the King for redress in an humble manner when he finds himself grieved for access to the Sovereign must not be shut up in case of the Subjects distresses but on the other side it 's not permitted under colour of a Petition and Refuge to the King to make ill Reflections on his Majesty and his Government If a Scandalous Letter be sent and delivered to a person who received it though the party which sent it did never publish it yet it 's punishable for the King and Common-wealth are interessed in it for such Letters do tend to the breach of the Peace and to the stirring up Challenges and Quarrels and therefore the Means of such Evils as well as the End are to be prevented Hob. Rep. fol. 62. Barrow's Case If a Man Imports Books writ beyond Seas against the Kings Supremacy knowing the effect of them and offer them to any Subjects he is within the danger of the Statute 5 Eliz. So of those that teach the Contents and affirm it to be good the same of him that conveys the Books secretly to his Friends to perswade them to be of that opinion the same of them that Print and offer such Books within the Nation Dy. fo 282. T. 6. Car. 1. An Information was Exhibited against Bonham Norton his Son John Norton Lee May Tho. Smith c. for contriving a Slanderous Petition to the King and for charging of the Lord Keeper with a Bribe for making of a Decree and they were Sentenced T. 6. Car. 1. Doctor Leighton was Sentenced for Making Imprinting and Publishing of a detestable Book containing in it Treasonable Matter against the King and inviting the Subjects to Rebellion Perkins was Sentenced to pay One thousand pounds and Imprisonment during his life because he dispersed a Seditious Letter against the Loane of King Charles the