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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A55586 The Power of the Kings of England to examine the charters of particular corporations and companies exemplified by the statutes and laws of this realm. 1684 (1684) Wing P3106; ESTC R10321 19,542 18

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for the well Government of the City 22 Ass Part 34. But Ordinances which are contrary to the Publick Good which is the scope and great End of all Laws for Salus Populi est Suprema Lex are injurious or prejudicial to a multitude and beneficial only to some particular Persons such Ordinances are repugnant to the Law of Reason to which they ought to be subordinate and by consequence void And most of the Ordinances and Constitutions which by the Common Law have been adjudged void as being unreasonable against common Right or purely against Law if their Nature and Quality be considered they have been found injurious to a multitude and prejudicial to the Common-wealth and to have had their commencement and continuance by Oppression and Extortion 1. They have made a Constitution and Ordinance to Levy several great Sums of Money as well upon the said Citizens of London as Strangers which come to the Markets of the said City with Victuals c. These Sums of Money Levyed by them could not be Levyed for Toll Pickage or Stallage incident to their Markets or due by Prescription they do not pretend it to be but by an Arbitrary Power without any Right and against Law they have Levyed the said Sums Every Oppression against Law by colour of any Usurped Authority is a destruction within Magna Chart. c. 29. and it 's the worst of Oppressions that is done by colour of Justice If the King de novo doth grant a Fair or Market Toll doth not pass as incident to it without special words Kelloway Fol. 138.145 11 H. 6.19 9 H. 6.45 T. 38. Eliz. Rot. 936. Heedy Weldhouse And the Reason is because it 's but a private Profit against common Right If the King doth grant a Market with Toll if he doth not appoint how much shall be taken for Toll the Grant is void For when the King doth create a Market and grant such things which may be chargeable to the Subject the Law presumes that the King granted it Pro bono publico and the Subject had Quid pro Quo and greater benefit by it But it 's against all reason to give power to any Subject to impose so much as he pleases upon another by Toll or other Duty and the rule is given Lib. 11. f. 8. in the Case de Monopolies that every Grant and Grievance to the prejudice of the Subject is void 13 H. 4.14 15. Kelloway temps E. 3.134 30 E. 3.15.1 and expresly 9 H. 6.45 it is That in a Prescription for Toll it ought to be set out how much had been used to be taken for Toll 11 H. 6.19 Book tit Patent 11.12 When the King erects a Court he ought to appoint Officers and not the Patentee so that there be no oppression or extortion 14 E. 3.13 14. In the 13 H. 4. the Commons complained in Parliament that an Office was erected for Measurage of Clothes and Canvas with a new Fee for the same by colour of the Kings Letters Patents and prayed that the said Letters-Patents might be revoked For the King could erect no Office with new Fees to be taken of the people who may not be so charged but by Parliament The Royal Answer of the King in Parliament was That the Statutes therefore provided should be observed Rot. Parl. 13 H. 4. n. 43.13 H. 4. fol. 16 17. King Edward the Third had granted to Robert Polcy a new Office of Measuring Worsteads with a new Fee at the petition of the Commons it was resolved in Parliament to be void and afterwards revoked as void by Authority of Parliament Rot. Parl. 22. E. 3. n. 31. Rot. Parl. 25. E. 3. And by the Stat. 34 E. 1. all Burthens or Charges put upon the Subject by the King either to or for the King or to or for any Subject by the Kings Letters-Patents or other Commandment or Order is prohibited unless it be by common consent in Parliament 1 Inst Part. 2. fol. 534. If the King cannot put or impose any Burthen or Charge upon the Subject but by their assent in Parliament From whence do the Mayor and Commonalty and Citizens of London derive their Power and Authority to set and impose such Sums of Money If from the King that Power and Authority is against the 29 ch of Mag and the Statute of 34 E. 1. If by Prescription that Prescription is against the said Statutes and so void in Law therefore it 's an usurpation of an unlimited Power and contrary to Law and Justice and a just cause of forfeiture of their Corporation And that which adds to the Superinjustice of their actings as they have imposed these sums of Money upon the Kings Subjects so they may at their wills and pleasure impose what greater sums of Money they shall think fit Richard D'Wakyes did distrain William de Hay for that he did hold of him certain Lands apud Lin de faud by the service of 10 s. Et per tallagium ei faciendum ad voluntatem ipsius Richardi quia ipsum Willielmum talliavit Anno Regis 9. una f● vice ad 2 s atia vice Anno 10 18 d. quod tallagium ei a retro fuit pro praedictis 2 s. per Annum ipsum Willielmum distrinxit super feodem suum pro praedictis 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.