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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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The Citizens LOSS when the CHARTER of London is Forfeited or given up THere being so great a Murmur and so much Discourse That the Charter of this City of London is to be made Forfeit or else Surrendred by a Common-Councill 't is fit for every Member of the City to understand that the meaning or intent of such a Forfeiture or Surrender is to dissolve the Body Corporate or Politick of the City to spoil it irrecoverably of all its Antient Government Laws Customs and Rights which have been its Glory throughout Europe near two thousand years to bring it into the same state with the Country Villages only capable to be Created a new Body Pollitick by the Grace and Favour of his Majesty and to obtain such Priviledges as the Crown can grant which are infinitely inferiour to the Customs Franchises Rights and Government it now holds by the Laws and Statutes of the Kingdom It then there be any danger either of a Forfeiture or Surrender of this City's Charter every Member of it is concerned not only in Interest but in Duty to contribute what assistance he can to preserve and secure it For that purpose every Citizen upon taking his Freedom is Sworn To maintain the Franchises and Customs of the CITY and to keep the CITY harmless to his Power and whatsoever Citizen shall openly attempt or privately contrive the destruction of the Corporation or any of its Franchises Customs or Priviledges betrays the Community and violates his said OATH from which no Power on Earth can absolve The means at present projected for the forfeiture of the Charter and the utter Ruin of this Antient Body Pollitick is the prosecution of a Quo Warranto against it assigning thereupon some ACTS of Common-Council made and intended for the Citys well-fare whereby is pretended a forfeiture of all its Priviledges Authorities and Wealth and its very being As if it were reasonable that a mistake in a Common-Council in the extent of their Authority if any such be should bring so great a City and all its Members no way concerned in such mistake to suffer such a heavy dreadful and unheard of Judgment The mischievious and fatal Consequencies of any Dissolution of this antient Body Politick are so many that the wisest and ablest Lawyers cannot number them nor foresee the evils that may attend it some of the most visible are these that follow viz. First Whatsoever the City hath claimed and enjoyed in all Ages by Customs and Prescriptions as their great Inheritance will be so extinguished that they can never be again revived by any grant from the Crown as Tolls in their Market and Fairs for Goods not sold payable by Freemen or Foreigners Water baylage and all Duties thereby growing Wharfage with Power to distrain for the same Meetage Weighage Scavage Hallage Such Customs likewise will be forever Extinct as are belonging to the several Courts in London and are different from the Common Law The Jurisdiction of the Ancient Court of Hustings will be lost in many things of great consequence viz. In holding Pleas of Land In all real Actions whatsoever In Correcting Errors in the Sherriffs Courts In passing Lands by Recoveries Bargains and Sales Inrolled which have the force of Fines to Bar Feme Coverts Inrolments of last Wills and Testaments granting Replevins c. The Court of the Lord Mayor and Aldermen The whole Court of Orphans and their Power and Jurisdictions about their Estates and Marriages and all Authorities relating to Orphans and their Protection and Punishing by Fines and Imprisonments all Offenders c. The Provision of Widdows and Orphans by the Customs of which they are Judges Their Jurisdiction over all Companies Fellowships and Brotherhoods to make them all consistent each with other and useful to the whole Body In the Mayors Court. The whole Court of Equity and its Jurisdiction in all matters whatsoever whereby such a multitude of meaner Traders are speedily relieved with small Expences All their Customary proceedings to Arrest without Warrants To Arrest upon Plaints entred for Debts without Summons All Attachments for speedy Recovery of Debts Actions upon Concescit solvere without proving any consideration The Plea Cognovit scriptum sed Petit quod Inquiratur de Debito and thereupon the Jury to find upon a Bond the just Debt and Interest and no more whereby the People enjoy the benefit of Law and Equity by the Jury at once The Custom which prevents Wager of Law return of Juries by Inquests of the Ward Reading Affidavits of Persons absent as Evidence which in a Trading City is of great use Levetur and all other Customary Proceedings All proceedings for Discharge or Relief of Apprentices for immoderate Chastisement and not Inrolling Punishments of Offenders for breach of all By-Laws by Actions or Informations Disfranchisements by Informations Informations for ascertaining the bounds of Wards and many other customary proceedings there The Sheriffs Court The like Jurisdiction as in the Lord Mayors Court as to Pleas Arrests Attachments and many other proceedings for speedy and easy Justice within the City which hath advanced the Trade Wealth and Growth of the same The Wardmote Courts and their Jurisdictions The Court of the Chamberlain for making Freemen binding Apprentices Correcting their Offences Turning them over with many other useful Powers thereunto belonging The Court of Conservancy of the River of Thames and the Waters of Medway hath many Antient Priviledges and Jurisdiction The Court of Conscience because to be held before Commoners to be apappointed by the present customary Court of Aldermens and The Court of Pollicies of Insurance though not held by custom because the Commissioners thereof cannot act till Sworn before the now customary Court of Aldermen by 34. Eliz. Cap. 12. There are also many Priviledges Exemptions and Immunities belonging to the Persons or Estates of Freemen by the Custom of London not enjoyed by Grant nor to be restored by Charter That none but Freemen shall exercise any Trade in London or keep any Shop to buy and sell This Priviledge may beckoned the general Estate of the Citizens upon which they greatly depend it is the fruit of their Freedoms which they obtain by their Mony or their Service or their Fathers Coppies 'T is this Custom that Restrains all that are not Free of the City from having Shops and Trading there puts a value upon every Citizen advances them in their Marriages and induces many to give good Sums of Money with their Sons to be Apprentices and the rather because many other Priviledges are by Custom annexed to the Freedom as That a Freeman of London may use his Trade in any other part of England That a Freeman bound to one Trade may set up any other use the same The Custom of Feme sole Merchants whereby the Industry of the Wise may provide for the whole Family and with all so useful to support poor Widows and Orphans Every Shop in London is a Market Overt for the Trade
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.