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 Ameâ—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 shal be 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
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
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 Apâ—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 câ—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 Estâ—aies Deodands and goods of Felons happening and being within the said City And Felons goods Waiffes c. also all and every summe and sâ—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
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
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 vaâ—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