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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A33184 The Citizens loss when the charter of London is forfeited or given up 1683 (1683) Wing C4341; ESTC R35637 4,912 4

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of the Owner Creditors may Arrest before Day of Payment for better Security Citizens may devise in Mortmain Debts on simple Contracts amongst Citizens are equal to Obligations under Hand and Seal The Custom of an Infant being bound by his Covenants of Aprenticeship The Persons of Freemen are Exempted from all Tolls in any place in England From most Duties in London which Forreigners are subject to from serving on Juries out of London To be discharged of Wharfage and many other Priviledges all which must be lost for ever though a new Charter should be obtained There are also other general Priviledges depend upon the Custom not restorable by Charter as That The Customes of this City shall be tryed in the Courts at Westminster by Certificate of the Mayor and Aldermen made by the Mouth of the Recorder Custom to punish Whores by the Civil Magistrate The Forfeitures to the City of Goods Forreign bought and Forreign sold The Customary Powers of the Common-Hall Entring into a House upon suspicion of Bawdry To call a Woman Whore Actionable The Offices of Chamberlain Common Serjeant and Common Cryer as to the principal part of their Offices relating to the Orphans 2ly All the Authorities Liberties Immunities and Powers vested in the present Corporation and their Successors by several Acts of Parliament are not transferrable to or upon another Corporation but by the same Authority and will all be lost Some of which follows As 37. Hen. 8.12 Gives the Mayor of this old and present Corporation of the City Power to Determine Controversies of Tithes 3. Jacob. 15. Lord Mayor and Aldermen are to appoint two Aldermen and twelve Commoners to be Commissioners for a Court of Conscience for recovering of small Debts as is before mentioned 3. Jacob. 18. The Mayor Commonalty and Citizens and their Successors shall make have and maintain a new Cut or Stream of Water from Chadwel Anwel c. to London 22.23.25 Car. 2. The several Acts for Rebuilding of London so much thereof not yet executed as relates to the Mayor c. viz. Lord Mayor and Aldermen to determine Appeals concerning Maintainance-Money Assessed in lieu of Tithes Power to value and sell unbuilt Grounds to determine Controversies about Lights Ways and Party-Walls to give satisfaction to Owners 43. Eliz. 12. The Court of the Pollicies of Assurance for the Reasons before-mentioned But above all there can be no Revival of that Solemn Confirmation of all the Liberties Franchises Free Customs and Priviledges of the City of London by MAGNA CHARTA which have been since renewed and confirmed thirty times in Parliament many of which were accompanied with the the Invocation of Vengance upon the Infringers of the same and their Posterity 3dly Many Priviledges held by Antient Charter of former Kings if Lost or Surrendred can never be restored by any new Charter from the Crown The Citizens by antient Charter are exempted from the Duty to the Crown of Prisage of Wines but if the Corporation be dissolved every Citizen is Dis-franchised and thereby made lyable to pay it and the like exemption cannot be regranted by the King at least till the determination of a long Lease of the same duty in being because his former grant will prevent it during the Term. In like manner the Citizens of London are very anciently exempted from Tolls throughout England but if the Corporation be dissolved the Crown is barred from regranting the like by many Grants of the Tolls to others from which no new exemption can be given Let such as read this small Collection consider that the ancient and excellent Composition of Customs Laws and Liberties in this City made by the Wisdom and approved by the Experience of so many Ages confirmed by 23 Kings and 33 Parliments must for ever be broken to pieces with the loss of its Charter And let them think whether it be possible for any Man or number of Men to foresee the Distraction Dis-orders and Mischiefs that may be the Event of such a fatal stroak to so great a Body Pollitick The Children unborn may groan under such Consequences of it as are not now intended not can be imagined who can tell when the Cryes of the Widdows and Orphans will cease the supposed Provision made for Citizens Wives and Children is void and null if the Corporation be dissolved No new Charter can give them any Right to their Customary Shares and Divisions of their Husbands and Fathers Estates so much depended upon in Marriages The deluded Fathers must be vexed with new Cares who have given great Portions with their Daughters to Citizens upon consideration only of the City Custom without taking Joyntures for them or Prospect of any other Dower How great will be the Distraction and Confusion in and about the Courts of Justice notwithstanding any Provision which can be made by any new Charter for other Courts All Causes and Actions depending in the present Courts and the proceedings therein must cease as if they had never been and all Judgments obtained not executed will be void and null and no Citizen will know where or how to seek his former wanted Releif either in Law or Equity All the Offices belonging to the City Courts of Justice must perish with the Courts and all the Officers belonging to them who have obtained their places by purchase or otherwise must seek out new ways for Themselves and Families The same sad Fate will attend all the Officers whose Offices depend upon the Government of the City or its Magistrates or its Revenue and if any of them should hope by Grace and Favour to obtain some new Office under a new Charter they can never claim their old Customary Fees The present Orphans to whom the City owes their Portions must be turned to begging or starving or to live upon the future Charity of a new Corporation when the Body Politick of the City shall be Dissolved no Creditor can Implead it for any Debt neither can any of its Debtors be Impleaded The Death of a Corporation reduceth it to nothing and 't will then be as if it had never been in respect of Debts or Credits there can be no Successor Heir or Executor to demand or answer for the Body that was Therefore all the Goods and Chattels of the City must fall to the King to be given and disposed of as he pleaseth And all its Lands and real Estate in the Exchange Guild-Hall c. must of right revert unto the Heirs of the Donors if there be any or Escheat to the Crown for want of such Heirs But the Face of Confusion is so full of Horror that will appear after the Dissolution of this mighty Body by Forfeiture or Surrender of its Charter that I tremble to look upon it a far off The Lord Cook says It would require a Vollumn of it self to Treat of the great and notable Franchises Liberties and Customs of this City and no less a Volumn would be necessary to discribe the Disorders Losses Distractions Mischiefs and Confutions that must attend the Destruction and the Death of so great a Body Politick And the City of London by this means which is now one of the Antientest City's in the whole World will at the time of such Surrender be the youngest City and Corporation in England Entered according to Order London Printed for Francis Smith Senior at the Elephant and Castle in Corn-hill 1683.