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
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 are in The Frame of the Corporation the said City there should be one Mayor one Recorder 24 Aldermen and eight and fourty Assistants Now for as much as we are informed that our said City of N. is lesse populous then heretofore whereby Trade and Commerce there is of late decayed so that the aforesaid number of Aldermen and Assistants there cannot with Conveniency to the present Government of the said City be had and continued as in times past We therefore for us and our Successors do
will ordaine and grant to the Mayor and Comonalty of our said City of N. and their Successors by these presents that for the better Government of our said City Libertyes and Precincts thereof The Officers to be in the Corporation there shall be for ever hereafter within the said City a Mayor and Recorder 15. Aldermen and 24. Assistants to be nominated chosen and sworne as is herein after mentioned who shall be for ever hereafter called the Mayor and Comonalty of the City of N. And that there shall be for ever hereafter two Chamberlaines one Bayliffe one Town-Clark one Coroner A Clarke of the Market foure high-Constables thirteene sub-Constables and three Serjeants at the Mace within the said City to be chosen in manner and forme herein after mentioned And of our like spetiall grace certaine knowledge and meere motion we do by these presents for us and our Successors Will Ordaine Declare Constitute grant and appoint that the Mayor Recorder Aldermen and Assistants of our said City of N. for the time being And they which The making of the Corporation hereafter shall be the Mayor Recorder Aldermen and Assistants within the same and their Successors for ever hereafter be and shall be by force of these presents one body Corporate and politique in Deed Fact and Name by the name of the Mayor and Comonalty of the City of N. And them by the name of the Mayor and Comonalty of the City of N. One body politique and Corporate in Deed Fact and name We do for us and our Successours really and fully create ordaine make Constitute and confirme by these presents And that by the same name of the Mayor and Comonalty of the City of N. they may have perpetuall Succession And that they and their Successours for ever by the name of the Mayor Comonalty of the City of N. be shall be forever hereafter persons able and in Law capable to have get receive and possesse Lands Tenements Rents Liberties Jurisdictions Franchises and Hereditaments to them and their successors in Fee-simple or for terme of life lives or years or otherwise and also goods and Chattells and also other things of what nature kind or quality soever And also to give grant let set and assigne the same Lands Tenements Hereditaments Goods and Chattells and to do and execute all other things about the same by the name aforesaid And also that they be and shall be for ever hereafter persons able and in Law capable to plead and be impleaded answer and be answered unto defend and be defended in all or any the Courts of Sue and be Sued us and our Successors and other places whatsoever And before any Judges Justices and other person or persons whatsoever in all and all manner of Actions Suits Complaints Demands Pleas Causes and matters whatsoever of what nature kind or quality soever in the same and in the like manner and forme as other people of England being persons able and in Law capable may plead and be impleaded answer and be answered unto defend and be defended by any Lawfull waies or meanes whatsoever And that the said Mayor and Comonalty of the City of N. and their Successors shall and Seale may for ever hereafter have one Common Seale to serve for the sealing of all and singular their affaires matters and businesses touching and concerning the said Corporation And that it shall and may be lawfull to and for the said Mayor and Comonalty of the said City of N. and their Successours at their will and pleasure from time to time to break change and alter and new make their said Common Seale when and as often as to them it shall seeme most convenient And further know ye that we have The present Officers named assigned named ordained and constituted And by these presents for Us and our Successors do assigne name ordaine and constitute our well beloved W. S. now Mayor of our said City of N. to be the present Mayor of our said City And that he the said W. S shall remaine and continue The Mayor in the Office of Mayor there untill another fit person shall be chosen and sworne into the said office according to the usage and custome of the said City and as in and by these presents is hereafter mentioned and directed And we have assigned named ordained and constituted And by these presents do assigne name ordaine and constitute create and declare our well beloved H. â— Esq to be the present Recorder of The Recorder our said City to do and execute all things which unto the office of Recorder of the said City doth or may any wâ—y appertaine and belong And also we have assigned named constituted and made and by these resents do assigne name constitute and make our wellbelowed I. I. I. A. c Citizens and Inhabitants of our said City of N. to be the present 15. The Aldermen Aldermen of our said City And also we have assigned named constituted and made And by these presents do assigne name constitute and make our well-beloved N. B. S. R. c. Citizens and Inhabitants of the said City of N. to be the present 24. Assistants of the said City Assistants And also we have assigned chosen named and constituted our well-beloved A. G. D. M. Citizens and Inhabitants of the said City to be the Chamberlaines present Chamberlaines of the City aforesaid And we have assigned named constituted and appointed and by these presents do assigne name constitute and appoint our well-beloved Th. C. one other of the said Citizens there to be the present Bayliffe of our said City who shall continue in that office untill another fit person Bayliffe be chosen and sworne in his place And also we have assigned chosen named and constituted our well-beloved E. F. R. W. S. N. and I. L. Citizens and Inhabitants of the High-Constables said City to be the present High-Constables of the said City who shall continue in that office of High-Constables of the said City untill other fit persons be chosen and sworne in their places And also we do assigne choose nominate and constitute our well-beloved D. R. L. T. c also Citizens and Inhabitants of the said City to Sub-Constables be the present sub-Constables of the said City who shall continue in the said office untill other fit persons be chosen and sworne in their places And also we have assigned
chosen nominated constituted And by these presents do assigne choose nominate and constitute our well-beloved R. H. Citizen of the said City to be the present principall Serjeant at Mace within our said City And F. W. and G. H. Citizens and Serjeant at Mace Inhabitants there to be the two other present Serjeants at Mace And we will and by these presents for us and our Successours do grant to Sword and Cap of Maintenance the said Mayor and Comonalty of the said City of N. and their Successors That the Mayor of the said City for the time being shall and may have a sword to be borne before him and a Cap of Maintenance in such sort as is used before any other Mayor of any of our Cityes in England And that for ever hereafter there be and shall be an Officer of the said City who shall be called Sword-bearer the Sword-bearer and to weare a Cap of Maintenance before the Mayor of the said City for the time being And we have assigned chosen nominated and constituted And by these presents do assigne choose nominate and constitute our well beloved R. F. Citizen and Inhabitant of our said City to be the first and present Sword bearer of our City And do hereby appoint that the said Officer shall have precedency of place before the Serjeants at Mace of the said City Also we will and by these presents for us and our Successors do grant to the Common Councell said Mayor and Comonalty of our said City of N. and their Successours That the Mayor Recorder Aldermen and Assistants of the said City for the time being Or the Mayor and any eight or more of the Aldermen and twelve or more of the Assistants for the time being be and shall be called the Common Councell of the said City And that they or the greater part of How called them shall or may have full power and Authority by vertue of these presents from time to time to call and hold Common Councell within the Common Counsell House of the said City And Making of Orders and Ordinances there as occasions shall be to make Lawes Orders Ordinances and Constitutions in writing and to add alter diminish or reforme them from time to time as to them shall seeme necessary and convenient not repugnant to the prerogative of Us or our Successors or to any of the Stâ—tutes or other the Lawes of England for the good rule oversight Correction and Government of the City and Libertyes of the same And all the Officers thereof and of the severall Companyes of Merchants and other Tradesmen and of Victuallers Arrifieers and of all other the people and Inhabitants of the said City Libertyes and Precincts aforesaid and for the better preservation government and disposall of all the Lands Tenements and Hereditaments goods and Chattells of the said Corporation Which said Lawes Ordinances Orders and Constitutions shall be binding to all and every the Inhabitants of the said City Libertyes and Precincts aforesaid And further we will and grant that the said Common Councell of the said City for the time being as often as they make ordaine and Establish such Lawes Orders Ordinances and Constitutions as aforesaid shall or may make ordaine limit provide set impose and taxe reasonable Fines and Amercements against and upon all persons offending against such Lawes Orders Ordinances and Constitutions or any of them to be made ordained and establâ—shed as aforesaid And the same Fines and Amercements shall or may require demand levy take and receive by Warrants under their Common Sâ—ale to and for the use and behoofe of the Mayor and Comonalty of the said City and their Successors either by distresse and sale of the goods and Chattells of the offenders therein if such goods and Chattels may be found within the said City Libertyes and Precincts thereof rendring to such offender or offenders the overplus or by any other lawfull wayes or meanes whatsoever And we do by c. appoint and ordain the Election of the Mayor of the said City and of Election of the Officers how to be the Aldermen and Assistants of the said City that it shall be as followeth viz. And we do c. give grant full power and authority unto the Major Recorder Aldermen and Assistants of the said City of N. or any 8. or more of the Aldermen and 12 or more of the Assistants the Major and Recorder for the time being or either of them being present as aforesaid on the Wednesday before the Feast of c. yearly in the Councel-house of the said City if they shall think fit to nominate elect and choose out of the Inhabitants of the said City fit and able persons to be in the respective Offices and places of Maior Aldermen and Assistants of the said City And that such person as shall be so elected and chosen Maior as aforesaid Oath of the Maior shall on the Wednesday moneth next after the Feast of Sâ— c. then next following in the Councel house aforesaid take his Oath before the Recorder Aldermen and Assistants for the time being or before any five or more of the Aldermen for the due execution of his Office And that the said Maior so to be chosen as aforesaid shall remain and continue in the said Office until another fit person shall be chosen and sworn in his place of Maior of the said City in manner as aforesaid Which Oath the said Recorder Aldermen and Assistants or any five or more of the Aldermen shall and may lawfully administer and have hereby power to administer unto the said Maior so elected from time to time accordingly And further we will that the Recorder c. name all the Officers and all other Officers of the said City before they or Oath of all Officers any of them shall be admitted to enter upon and execute their respective Offices shall be sworn to execute the same before the Maior or any three or more of the Aldermen of the said City for the time being And we do by these Presents c. give power and authority to the Maior of the said City for the time being or any three of the Aldermen of the said City for the time being to administer the said respective Oaths unto them accordingly And further we will and by these Presents for us c. do grant Justices of the Peace That the Maior and Recorder of the said City for the time being and five or more of the Aldermen of the said City not exceeding the number of 8 Aldermen being such as have born the Office of Maior there shall be Justices and Keepers of the Peace of us and our Successors and Justices of Oyer and Terminer of us and our Successors within the said City and the Liberties and Precincts thereof And that they or any three or more of them whereof the Maior Power to keep Sessions and Recorder of the said City for
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 City for
the time being may have one Seal such as they from time to time shall think fit to make use of And that the said Seal shall be of two pieces of which the one part shall be called the greater and shall remain with the said Maior for the time being and the other part shall be called the lesser and shall remain with the Clerk of the Statutes for the time being to seal such Statutes Merchants or Recognizances in the nature of Statutes Merchant hereafter to be acknowledged before them or Certificates as well of any such Statutes or Recognizances heretofore acknowledged as of such Statutes or Recognizances hereafter to be acknowledged within the said City according to the Statutes aforesaid and either of them And we will that the said Clerk of the Statutes for the time being do write and inroll the said Statutes Merchant or Recognizances aforesaid so to be taken and shall do all other things expedient and belonging to the said Office And we do likewise by these Presents for Us Naming a Clerk of the Statutes c. will and grant that the Maior Recorder Aldermen and Assistants of our said City for the time being and the Maior Recorder or any eight or more of the Aldermen and twelve or more of the Assistants for the time being shall upon the Death or Removal of the said Clerk of the Statutes for the time being have full power and authority by vertue of these Presents at their will and pleasure and within convenient time to choose one other fit person to be the Clarke for the taking of such Statutes or Recognizances of debts within the said City as aforesaid And also from time to time to choose such Town-Clerk Clerk of the Peace Clerk of the Court of Pleas. person or persons as they shall think fit to be Towne-Clerke Clerke of the Peace Cerke of the Court of Pleas and to be Clerke and Clarkes of the other Court and Courts to be holden within the City and the Libertyes and Precincts thereof when and as often as the said severall places shall happen to be void And we do by these presents Constitute and oppoint our well-beloved I G. gent to be the The present Ttown Clerk and Clerk of the Peace c. present Town-Clarke Clarke of the Peace Clerk of the Court of Pleas and Clerk of the other Court and Courts to be holden within our said City and the Libertyes and Precincts thereof And further we do by these presents for us and our Successors require and straightly charge and command That the Bayliffes of the said City the Town-Clerke Clerk of the Peace the High-Constables Sword bearer sub-Constable and Serjeant at Mace within our said City for the time being and every of them respectively joyntly and severally as cause shall require shall attend upon the Mayor Recorder Aldermen and Justices of the Peace of the said City for the time being and every or any of them according to the duty of their respective places in and about the executing of such the Commands Precepts Warrants and Processe of them and every of them as belongeth and appertaineth to be done or executed And further we will c. That the Mayor of our said City for the time being and no other Clerk of the Market be and forever shall be Clerk of the Market within the City aforesaid the Libertyes and Precincts thereof And that he and no other shall and may forever do execute and perform all and singular Acts Deeds and things whatsoever belonging to the Office of the Clerk of the Market within the City aforesaid the Libertyes and Precincts thereof to be done executed and performed And that the Mayor of the said City aforesaid for the time being and no other person or persons shall or may have Assise or Assay of Bread Wine and Beere and of all Coale Wood and of other things to the Office of the Clerk of the Market belonging or concerning as well in the presence as in the absence of us and our Successors Also we Will for us c. And grant to the Coroner Mayor and Comonalty of our said City of N. That the Mayor of our said City for the time being and his Successors during the time that they shall remaine in the said Office of Mayor of the said City for the time being and no other be or shall be the Coroner of us and our Successors within the City aforesaid the Libertyes and Precincts thereof And that he and no other shall do execute and cause to be done and executed within the City aforesaid Libertyes and Precincts thereof all and singular matters and things to the said office of Coroner belonging there to be done And that the said Maior of the said City for the time being shall take his Corporal Oath before the Recorder and any three or more of the Aldermen c. well and duly to execute the said Offices of Clerk of the Market and Coroner of the said City before he take upon him the execution of either of the said Offices Deposing of Officers for Misbehaviour And in case the Maior of our said City for the time being shall during the time of his Mayrolty misbehave himself in that Office We do by these Presents for us c. will and declare that it shall and may be lawful to and for the Recorder Aldermen and Assistants or for eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being to remove such Maior from his said Office of Mayoralty for misgovernment or misbehaviour therein And in such case or in case of Death of the Maior of the said City for the time being in the time of his Mayoralty We will that within four days or other convenient time next after such removal or death the Recorder Aldermen and Assistants or eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being do choose another fit and discreet person in the place of him so dead or removed to be Maior of the said City and left there should be a Failer of Justice or Government in our said City in such Interval We do for us and our Successors will that the senior or eldest Alderman of the said City for the time being shall take upon him the place and Office of the Maior there and shall exercise the same until another fit person shall be chosen as aforesaid and in case of the disability of such eldest Alderman that then the next Alderman in seniority to him shall take upon him the said place and Office of Maior of the said City and Liberties thereof and shall exercise the same as aforesaid and that such senior or eldest Alderman or such Alderman next in seniority of place to him shall be immediately after the Death or Removal of the former Maior sworn to execute the same accordingly before three or more of the Aldermen of the said City for the time being who are here by authorized to administer the same Oath in that behalf And we do likewise by these Presents for us and our Successors grant
unto the said Maior and Commonalty of the said City of N. and their Successors That the Maior Aldermen and Assistants of the said City for the time being or the Maior and eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being shall have power and authority by vertue of these Presents at their pleasure to remove the Recorder of the said City for the time being from his said place or Office of Recorder there and in case of such removal or in case of the death of the Recorder of the said City for the time being to choose and elect another fit person learned in the Laws of England to be Recorder there and so to continue during pleasure as aforesaid And further That the Maior Recorder Aldermen and Assistants of the said City for the time being or the Maior and eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being shall have power from time to time by vertue of these Presents to remove any one of the Justices of the Peace within the said City for the time being other then the Maior or Recorder there for the time being from the Office of Justices of the Peace there for misbehaviour or other just or reasonable cause and in case of removal or in case of the death of any of the Justices of the Peace there in convenient time to make choice of and nominate and elect one or more of the Aldermen of the said City who hath or have born the Office of Maior there to be a Justice or Justices of the Peace within the said City in the place of such Justice or Justices of the Peace so removed or dead as aforesaid And further we do by these Presents for us c. grant unto the said Maior and Commonalty of our said City of N. and their Successors Tha if any Alderman or Aldermen of the said City shall at any time hereafter misdemean him or themselves in the execution of his or their places of Aldermen there it shall be lawful to and for the Maior Aldermen and Assistants of the City for the time being or the Maior and any eight or more of the said Aldermen and twelve or more of the Assistants of the said City for the time being in such case to remove such Alderman or Aldermen so misdemeaning him or themselves from holding or exercising such place or places of Alderman or Aldermen of the said city and in such case of removal or in case of death of any of the Aldermen of the said city in conventent time to choose other fit person or persons to be Alderman or Aldermen of the said City in the place or places of him or them so removed or dead And if any of the Assistants of the said City Bayliffe Coroner Town-Clerk Clerk of the Peace Clerk of the Market Clerk of the Court of Pleas and other Courts aforesaid Clerk of the Statutes Chamberlaines high-Constables Sword bearer sub-Constables Serjeants at the Mace for the time being or any of them shall mis-behave him or themselves by neglect or otherwise in the execution of their or any of their respective place or places Then and in such case if shall and may be lawfull to and for the Mayor Recorder Aldermen and Assistants of the said City for the time being or the Mayor and any eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being by vertue of these presents to remove him or them from his and their place or places for such his or their mis-behaviour and neglect therein And in case of removall or of the death of any person or persons in such office or offices as aforesaid in convenient time to choose other fit person or persons to be in the place or places of him or them so dead or removed Refusers of Offices to be sined And also we will by these presents for us c. do grant to the said Mayor and Comonalty of our said City of N. and their Successors that if any of the Citizens of the said City or Inhabitants within the Libertyes and Precincts thereof that shall hereafter be elected nominated and chosen to the office of Mayor Justice of Peace Aldermen Assistants Bayliffe or Chamberlaine of the said City as aforesaid and having notice of his or their said Election shall refuse or deny to take upon him or them and to execute that office to which he or they shall be so chosen and nominated That then and so often it shall and may be lawfull for the Mayor Recorder Aldermen and Assistants of the said City for the time being Or the Mayor or any eight of the Aldermen and twelve or more of the Assistants of the said City for the time being to Tax Assesse and impose upon such person or persons so refusing or denying such reasonable and moderate Fines and summes of money as to their discretions shall be thought most fit So as the said Fine Penalty or summe for refusing or denying to hold and execute the office of Mayor of the said City do not exceed the summe of 100. l. And the fine for refusing or denying to hold and execute the place of an Alderman do not exceed 40. l. And the fine c. of an Assistant 20. l. And so as the fine for refusing or denying to hold and execute the respective places of Bayliffe or Chamberlaine of the said City do not exceed 10. l. And we do by these presents for us c. authorize the Mayor Recorder Aldermen and Assistants of the said City for the time being Or the Mayor and any eight or more of the Aldermen and twelve or more of the Assistants there for the time being to frustate and make voyd the election of such person or persons so refusing or denying as aforesaid And then and in such case and cases any other fit and able persons Citizen or Citizens of the said City or Inhabiting within the Libertyes and Precincts thereof in convenient time to elect a new to execute such office or offices so denyed or refused to be excuted as aforesaid And that if it shall happen that such person or persons so to be elected a new shall refuse or deny to take upon him or them any of the said Office or Offices unto which he or they shall be chosen and elected as aforesaid then and in such case the said Mayor Recorder Aldermen and Assistants of the said City for the time being Or the said Mayor and eight or more of the Aldermen and 12. or more of the Assistants shall and may set and impose upon him or them so denying or refusing such and the like
moderate Fines c as is before set downe in the like cases And so to continue to make voyd the election c as before All which said Fines so to be set and imposed We will and grant by these presents for us c shall be and shall remaine and belong unto and shall be put into the possesion and seisin of the Mayor and Comonalty of the said City for the time being and their Successors to be levied and taken by warrant under their Common Seale and by distress and sale of the goods and Chattells of the severall persons so refusing or denying as aforesaid if such Goods and Chattels may be found within the City Libertyes and Precincts aforesaid rendring to the partyes the overplus or by any other wayes or lawfull meanes whatsoever to the only use of the said Mayor and Comonalty of the said City of N. and their Successors without any account to be rendred made or done to us or our Successors for the same And further of our more ample grace c We do by these presents for us c. Grant and That they shall not serve in Iewries Confirme to the said Mayor c. That the Citizens of our said City or any of them shall not at any time hereafter be distrained or compelled to go out of the said City or the Libertyes or Precincts thereof to serve upon or touching any pleas Assises Juries or Inquests to be taken unlesse the same do concerne us or our Successors or the Comonalty of the said City as hath been there accustomed And we do likewise by these presents for us c. Grant unto the said Mayor and Comonalty of our said City of N. and their Successors That the Mayor and Recorder of the said City or either of them for the time being shall by vertue of these presents have power to take Conuzance of Record and duely to enrole any deed or Deeds in writing made or to be made by any Conuzance of Deeds person or persons whatsoever Marryed Women excepted of for or touching any Lands Tenements Rents Hereditaments Debts Goods and Chattells whatsoever within the said City and the Libertyes and Precincts thereof which Acknowledgment and Enrolement there shall be and shall be adjudged reputed and taken to be as good and valid in the Law as if the same had been taken or acknowledged before any other person or persons authorized to take the acknowledgment of Deeds or Writings and inrolled in our Court of Chancery or in any other our Courts of Record c. And further know ye that we for the Government of oursaid City and for the well-fare of the Citizens Tradesmen and Inhabitants thereof do by these presents for us c. Give or Grant to the said Mayor and Comonalty of our said City and their Successors That the Mayor Recorder Aldermen and Assistants c. Or the Mayor and any eight or more of the Aldermen and 12. or more of the Assistants of our said City of N. for the time being shall from time to time and at all times hereafter have full power and Authority at any Common Councell to be held within the said City under the Common Seale to make free Citizens To make Freemen of the said City and Libertyes thereof And that no person or persons whatsoever other then such Free Citizens shall hereafter use any Art Trade Mistery or manuall occupation within our said City the Libertyes and Precincts thereof saving in the times of the Faires there to be kept and during the continuance of such Faires only And in case any person or persons whatsoever not being free Citizens of our said City as aforesaid shall at any time hereafter use or exercise any Art Trade Mystery or manuall occupation or shall by himself themselves or others sell or expose to salo any manner of Merchandâ—ze or Wares whatsoever in any house shop place or standing within the said City or the Libertyes precincts thereof no faire being then kept in the said City and shall persist therein after warning to him or them given or left by the appointment of the Mayor of the said City for the time being at the place or places where such person or persons shall so use or exercise any Art c. or shall sell or expose to sale any Wares or Merchandises as aforesaid then it shall be lawfull for the Mayor of the said City for the time being to cause such Shop-Windows to be shut up And also to impose such reasonable fine c not exceeding 10. s. every time c. And the same Fine and Fines so to be imposed to levie c as before And further we do by these presents for us and our Successors Grant to the Mayor and Comonalty of our said City That they and their Successors be for ever persons able and capable and shall have power to purchase have take Mortmaine and possesse in Fee simple Lands Tenements Rents and other possessions within or without the same City to them and their Successors for ever so as the same exceed not the yearly value of 1000. l. a yeare the Statute of Mortmaine or any other Law to the contrary notwithstanding Power to let Lands And the same Lands Tenements c. or any part thereof to demise grant Lease set over assigne and dispose at their own will and pleasure â—nd to make seale and accomplish any Deed or Deeds Lease or Leases evidences and writings for or concerning the same or any part thereof which shall happen to be made and granted by the said Mayor and Comonalty of the said City for the time being And further know ye c. That we of our more ample Grace c. Have given c. and by these presents for us c. do give and grant to the said Mayor c. and their Successors that the said Hospitall of our said City commonly called c. And the poore people there be and from thenceforth and for ever shall be governed and ruled by the Mayor c. of the said City and their Successors and that the said Mayor c. and their Successors be and shall be Masters and Governours thereof And we have Willed c. And by these presents for us c. do will that the Mayor c. together with the poore of the said Hospitall for the time being shall from henceforth and forever hereafter be continued and remaine one body Politick c by the name of the Master and poore people c As in other Cases for Corporations And that they and their Successors for ever may seek for and improve have enjoy and possesse And may Grant and demise all and singular Lands and Tenements Profits Hereditaments Goods Chattells and Rights whatsoever now belonging and which shall or may hereafter belong to the said Hospitall upon trust that all the same be employed for the benefit of the poore there as formerly and not otherwise And also we will for us
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
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
Strangers also a saving to strangers of all their Right and Title And that no prejudice be done to them by this Charter And this is a good clause to be inserted to declare the Lord Protectors mind and the true meaning of both sides And it is also usuall to add a clause to this purpose That the Incorporation shall Not to wast or misimploy any thing given to Pious or Charitable uses not do any thing nor the Charter be construed to give power to do any ought whereby any thing given in the place to pious or charitable uses may be wasted or misimployed against the mind of the Founders But that the Charter be construed in advancements of Religion Justice the publick good and to suppresse the contrary This clause also albeit it may Observ be of little operation in Law yet is fit to be put in for the reasons aforesaid Such clauses as these are in Not to use a Trade not being Aprentice c. some Charters That none shall use the Trade not having been Apprentice nor be Apprentice for lesse then seven yeares nor keep away anothers Apprentice from him nor get away anothers work and Customers by sinister meanes under paine of five pound As to these kinds of clauses of Observ Trussell Norris his case 15 Iac. 10. B. prohibitions to forbid unlawfull things it is not amisse to insert such but the paine cannot be imposed nor can any such summe be so imposed by the Charter It is usuall in these Charters to insert such clauses of Restraint prohibitions as these That no Apprentice after he Prohibition to use Trade hath served his time in the place shall keep shop or set up his Trade take an Apprentice or keep a Journy-man or work as a Journey-man or that no Forrainer shall set up his Trade there or that he shall not set up his Trade without Licence and admittance of the Mayor or Guardians and Societie of the Trade or till he pay such a sum of money Or that a Forrainer shall pay Impositions of payment of money where none was before five pound to the heads of the Corporation before he use his Trade and the like And these the Law doth adjudge to be void So also such clauses of Charters as Coo. 11. 53. put upon the subject any illegall Imposition or charge As thus That every one that comes over a bridge there pay a small sum towards the repaire of it or the like and such like restraints or impositions that are against the common Liberty of the Subject all these generally are voyd in Law Stat. 19 H. 7. chap. 2. 22 H. 8. chap. 4. 25 H. 8. chap. 5. So clauses of Charters that restraine a man from that liberey which the Law gives him or that give a man power to do that which the Law forbids him It is held therefore that the Lord Protector cannot by his Charter make a man Free of a City that is not free by the Law and Custome of the place So Charters that have Clauses to give power to imprison mens bodies set great Fines sell mens goods as forfeit for breaking any Charge of the Charter or any Ordinance of the Corporation All these and such like clauses inserted into Charters of Corporations are held by Law to be void So Charters that give power To pardon Felonies make Justices c. to make Justices of Peace or of Oyer and Terminer pardon Felonies and the like These are all illegall and voyd For they are royall Franchises inseparable from the person of the Lord Protector So if he grant any thing to the Corporation that he himself hath not it is void all such Clauses are void therefore not to beinserted in Charters And so generally any thing that being put into an Order or By-law made by a Corporation will be against Law and void the same thing being exprest by way of Prohibition in the Charter will be of as little force and use All these and such like things therefore are warily to be avoided And yet perhaps some of them may be of use to be inserted in a Charter and may be used so as to help forward the berter Government of the Corporation and be no oppression or prejudice to the people of the place SECT VIII What Ordinances a Corporation may make IT is usuall to put into the Charter a power to make Lawes and Ordinances to this purpose And we further grant to them To make Ordinances That the said Mayor and Cominalty may lawfully as occasion shall be and need shall require assemble themselves together and make such wholsom and good Lawes and Ordinances for the better Government Oversight and Correction of the same City and the people thereof and to adde alter diminish or reform them as to them shall seem good and be thought meet So as they be not repugnant to the Lawes of the Nation against the publick and common good of the people within or without the same City Upon which Clause we observe these things 1. That this Clause of giving Observ power to make By-laws is not necessary to be inserted in the Charter For by the very Act of Incorporating this power is given 2. The Clause of addition Observ that they may not make Ordinances repugnant to the Lawes c. is idle and to no purpose For the Law doth understand that and it is included and such By-lawes made by a Corporation are void by the very Common-Law But for the further clearing of this Point these things are to be known 1. It is provided by an Act of Parliament 19 H. 7. chap. 7. That no Masters Wardens and Fellowships of Crafts or mysteries Or Rulers of Guylds or Fraternities shall make and put in ure any Order or Ordinance by them made in diminution of the King's Prerogative or against the Common profit of the people not confirmed by the Lord Chancellour Lord Treasurer Loras Chief Iustices of the two Benches or three of them or by the two Judges of Assize of the County where the same Corporation is under paâ— of 40 l. For the understanding whereof these things are to be known 1. That an Order or By-law made by a Corporation not against the Prerogative of the Lord Protector or profit of the people is good without any such Confirmation 2. That all By-laws by them made against the Liberty and Freedom of the People as to forbid or Restrain Trade Impose Taxes or Burdens of payment on the people where the Law doth not impose them to bind a man's Inheritance to restrain men from suing in what Court they please or to enhance the prizes of Commodities to the hurt of the publick and private advantage of the place are void Nor can they annex to a good Ordinance a penalty of Imprisonment or Forfeiture of goods bought or sold 3. No Clause in the Charter to this purpose can help or make such an Ordinance good Nor will any
Confirmation of Lords or Judges make such an Ordinance or By-law good 4. But a Corporation may make such By-laws and Orders as any Town Parish or Neighbourhood of men by the very Common-Law may make by a general consent for the better Government of themselves and common good of the place And if it be for the publike good not onely of the place but of the Countrey as for the repair of their Churches Bridges High-wayes or the like there the greater part may bind the lesser part of them And in this case upon disobedience it is good to appoint the penalty to be given to the Corporation and to be leavied by distresse and sale of the goods and an apt Officer to do it as the Church-Wardens for the Church money and Surveyors for money for the High-way or how they will And upon such an Order made by general consent the Officer may do it and justifie it accordingly But they cannot by this charge any strangers that dwell without the Town Also by Custome and Prescription they may perhaps go further and do more where time out of mind they have used so to do as in London and some other ancient Corporations they may by Custome or Prescription justifie the doing of some things against common Right So a Custome That a Forreiner within the City shall not sell things by Retale is good So also if it be that he shall not sell so under pain of 5 l. But this is not good by way of Charter And therefore Cities which are incorporate within the time of memory cannot have such priviledges without Parliament Coo. 8. 125. Dyer 279. But an Ordinance made amongst themselves in pursuit of such a Custome may be good and binding But otherwise an Ordinance made to such a purpose will be utterly void 5. Also a Corporation may make any Reasonable Orders and By-laws for the better Government thereof in the ordering of the Common Council-Officers and Members And for the better ordering of the Trades and Mysteries and other matters amongst them either by a common consent and voluntary submission of the whole or by their Council according to their Charter of Constitution 6. They may also make any Orders in pursuance and for the better execution of the Lawes and Statutes of the Nation and to prevent deceit as for the better ordering and Government of Trade and the like And all these will be good without any Confirmation of Lords or Judges Coo. 5. 63. Hobbard Rep. 211. Coo. 11. 53. 11 H. 7. 14. 44. Ed. 3. 19. Coo. 10. 30. We shall now lay down some Examples of Cases to prove and illustrate these Rules and Differences An Ordinance was made Coo. 8. Case of the City of London That no person not a Free-man shall directly or indirectly by himself or other keep shop or any place whatsoever for shew or putting to sale any Merchandizes whatsoever by way of Retail or use any Trade Mystery Dr. Bonham's Case Coo 8. 115. c. or Occupation for their gain or sale in the City of London And it was agreed That this Ordinance was not good there if they have not a Custome and Act of Parliament to warrant it And therefore a Charter granted to this purpose to any City is not good And Coo. 8. 125. The Case of the City of London it is said That no Corporation made within the time of memory can have such a priviledge by Charter onely unlesse it be confirmed by Parliament So that goods forreign bought and forreign sold shall be forfeit to the Mayor c. as in York is a good Custome but this priviledge cannot be created by Charter So that a Corporation shall have the sole Trade of Case of the City of London making and Importing of playing Cards is not good Hen. 6. granted to Corporation of Dyers in London power to search c. And if they find any Cloath dyed with Logwood that the Cloath shall be forfeit It was adjudged Austin's Case that by a Charter no Forfeiture can be made of the goods of a Subject An Ordinance was made That no person using any of the said Trades within the village of Ipswich shal keep any shop or chamber or use the same Trades or Coo. 11. 53. Taylor of Ipswich ' s Case any of them or take an Apprentice or Journeyman to work till they have presented themselves to the Master and Guardians of the Society for the time being or three of them and made proof that they have served seven years as an Apprentice and before that he be by them allowed to be sufficient Workman under pain of 5 Marks to be forfeit to the Masters and Guardians It was adjudged to be an unlawfull Ordinance and void And these 4 points were agreed upon by the Judges in that Case 1. That at the Common-Law none may be prohibited to exercise any Trade although he hath never been an Apprentice to it or be ignorant But that if he misdoe any thing in it an Action of the Case lyeth 2. That this Ordinance or so much thereof as is not prohibited by the Statute of 5 Eliz. is against Law for after seven years Apprentiship he may exercise his Trade without allowance of any 3. That the Statute of 5 Eliz. doth nor prohibit the private exercise of any Trade in a Family this is therefore out of the Ordinance 4. That the Statute of 19 H. 7. cap. 7. doth not corroborate any Ordinance against Law albeit it be allowed according to that Statute But the allowance dischargeth the penalty of 40 l. for the putting of such an unlawful Ordinance in use A Corporation regularly cannot impose de novo a small payment on the people But by help of a Custome or Prescription for it as in London it may be good And such a reasonable Ordinance may be made and a penalty or Fine set that is reasonable for breach of it And appoint that there shall be a distresse taken or Action of debt brought for it this may be good Taylor of Ipswich's Case Coo. 5. 63. But they cannot annex Imprisonment nor a Forfeiture of Goods bought or sold for this is against Law The Company of Merchant-Taylors in London made an Ordinance That every brother of the same Company that shall put any Cloath to be dressed by any Cloathworker not being a brother of the same Society shall put the one half of the same Cloath to some brother of the same Society that doth exercise the Art of Cloath-working under pain to forfeit ten shillings and to distrain for it It was adjudged void and against the liberty of the Subject that one may put his cloath to dresse where he will and may not be restrained from it Coo. 11. The Case of Monopolies The Common-Council in London Ordain That the Bricklayers shall not be Plaisterers with Lyme and Hair but with Lyme and Sand under pain to forfeit fourty shillings And that the Lyme and Hair belongeth to