Selected quad for the lemma: day_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
day_n	fair_n	market_n	monday_n	3,778	5	14.0292	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93109	Of corporations, fraternities, and guilds. Or, a discourse, wherein the learning of the law touching bodies-politique is unfolded, shewing the use and necessity of that invention, the antiquity, various kinds, order and government of the same. Necessary to be known not only of all members and dependants of such bodies; but of all the professours of our common law. With forms and presidents, of charters of corporation. / By William Shepheard, serjeant at law.	Sheppard, William, d. 1675?	1659 (1659)	Wing S3195; Thomason E1912_2; ESTC R203559	65,245	193

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 Ame●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

Liberty of it self And that the Mayor for the time being his Successours be the sole Bayliff and shall have the Retorn and Execution of all Writs against any man living in the Corporation except Process of Execution And that the Sheriff but in case of Omission or neglect may not intermeddle there As to this part this onely is Observ to be said That this Franchise may be as well granted to a Body Politick or Corporation as to any single person Some Charters have such Gaol Common-Hall Gallows like Grants in them That the Corporation shall erect and use a Town-Gaol or use the Gaol there being to imprison such as are to be imprisoned And so far a Town-Hall and a Gallows And these may be erected and used accordingly and so perhaps it might be without any such Grant or Authority given It is usual in these Charters Counters together with the Grants of the Incorporation to grant Courts to this purpose if it be but the Confirmation of an old Corporation to grant all the Courts of the place the Leets view of Frankpledge Courts-Baron Py-powders Courts and all other Courts formerly kept in the place And if it be a new Corporation to grant these Courts within the place And a new Court of Record for the Tryall of Civil causes to be before the Mayor Recorder or Town-Clerk one or two Aldermen or such a Court to be held at such a time before such and such persons and for such and such causes and in such a manner 1. As to this we shall observe Observations That this is properly in the power of the Lord Protector to give the Courts of the place to whom he will 2. He cannot by any such Grant take from any Subject any Jurisdiction or Franchise that he hath well settled in him by former Grants of Kings or by Prescription 3. He cannot force any man within or without the Corporation to sue in that Court or restrain him from suing elsewhere if he will Stat. 19. H. 7. 7. 4. Any of the Corporation may also be sued elsewhere as well as there if the Plaintiff please 5. Nor can he restrain any man sued there from his liberty to remove the Action where the Law gives him power to remove by Writ of Error Attaint Habeas Corpin Certiorari otherwise Stat. 21. Iac. chap. It is very usual in these Charters Markets and Fairs to confirm the old Markets and Fairs and to grant new Markets Fairs Or to change the dayes of the old Markets or Fairs And to grant to the Corporation the Py-powder Court and Incidents and profits of the Fair. And all these Grants are good and may be used taken and Observ enjoyed accordingly This onely when any new Market or Fair is granted that it be not gotten on such a day as to prejudice other Markets and Fairs thereabouts Or if any Question be made of it To have an Ad quod damnum sued out and executed before the Charter be passed It is usual in these Charters Clerk of the Market and Coroner to grant power to the head-Officer of the Corporation to be Coroner and Clerk of the Market or that the Corporation shall choose and make these Officers And that they shall do within the Town all that belongs to the Office The first way is the best of Observ providing for these Officers and not the so safe to make them by the election of the Corporation It is usuall to give to the Affise of Bread and Beer Corporation all the office and power of the Justices of the Peace and Clerk of the Market as to the Assise of Bread and Beer And this is good Some Charters have this Acknowledging of Statutes power in them That the Mayor c. of the Corporation shall take the Conusance of Statutes and Recognisances as formerly they have done And this perhaps is good where they have time out of mind used to take Conusances But if such a Grant be to a new Corporation made at this day there may be some doubt in it And yet the Statutes of Action Burnell and of Merchants made 13 Ed. 1. do say That the King may appoint who shall take Statutes Merchant Some Charters have this Inrollment of Deeds power given by them to the Corporation That it may take the Acknowledgment and make the Inrollment of Deeds before such an Officer there That which we observe upon Observ this is 1. That no Inrollment can be made there of any Deed of bargain and sale of Lands whereby any Free-hold passeth but where it is Inrolled before two of the Justices of the Peace Custos Rotulorum and Clerk of the Peace according to the Stat. of 27 H. 8. chap. 16. 2. That in some ancient Observ Corporations where Recoveties Deeds and Releases have been acknowledged taken and Inrolled they may be so still and good But not otherwise Stat. 34 H. 8. chap. 22. 5 Eliz. chap. 26. Some Charters forbid the Not to make Leases making Leases of the Land of the Corporation for longer time then 21 years with the old Rent c. some give the Corporation leave to make a Lease for 21 years yielding the old Rent As to this we observe 1. That these and such like Observ Clauses shew the Princes desire to have it so But in Law have no operation at all For the Lord Protector cannot by Law Restrain the alienation of their Land which is an incident inseparable to the Corporation from the very first Creation of it It is usuall and best to have Rent some Rent or other reserved to the Lord Protector Albeit perhaps the Corporation may be well made without it And not amisse to annex Without Fine or Fee to the end of the Charter That it shall passe without Fine or Fee in the Hamper Some Charters give the Corporation Perambulation power to walk the Circuits of it in Perambulation as oft as it will And so it may and without such a power given as much as with it It is usuall in these Charters General Words to insert general words by way of Grant from the Kings to this purpose That they shall have and enjoy all the powers Franchises Priviledges c. that the Corporation of L. or any Corporation in the County of G. doth or may use enjoy or take And that the Corporation shall have and enjoy all the lawfull priviledges powers and benefits They have and use or any of their predecessors at any time within 60 yeares last past had or used or ought to have had and used under pretence of any Charter or by prescription although the same have been discontinued or forfeit c. And that no Officers of the King shal hereafter interrupt them therein And this clause may be used still but it operateth little in law where no particulars are expressed It is usuall to have within it Saving to