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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

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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 Ap●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 c●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 Est●aies Deodands and goods of Felons happening and being within the said City And Felons goods Waiffes c. also all and every summe and s●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
Body Politick and Corporate in Law to all intents and purposes And shall have perpetual succession And shall be called by the name of the President and Society for the Propagation of the Gospel in New-England And so had power to buy sell take and give sue and be sued make Ordinances c. See the Act at large If the Lo. p. at this day make a grant by Charter of Lands to the honest men of the Village of Islington without saying To Have and To Hold to them their heirs and successours yielding Rent This is a good Corporation whilest it doth continue and untill it be as it may be dissolved by the Lord Protector Dyer 100. It is said If the King had granted to the Cominalty of Islington that they should be an Incorporation of a Mayor and Bayliffs the which they shall have power to choose one That this is good not withstanding that the Election of the Mayor be future Coo. 10. 27. Out of all which we observe Observations 1. That an Incorporation may be made with few words and that there is no certain form of words for it That it may be made absolute and perfect at the first or with Reference to some what after to be done to perfect it This only is of the Substance and must be expressed or strongly implyed by the words That the Lo Protector doth give leave to make such a Corporation That in such a place certain such a house shall be built for such a use and such a Government and Governours shall be of and in it And those persons shall be a Corporation to continue for ever by such a name 2. Sometimes the King himself did expresse the words design the place appoint the number and gift and name all in the Charter so that it is a compleat Corporation and nothing is left for the Founder or Donor but to make an Endowment of Lands And sometimes the King by his Charter reserves as well the nomination of the persons as the name of the Incorporation to the Founder And then when he hath declared it in writing according to his authority then are they Incorporate by the Letters Patents of the King as if it had been all put into the Letters Patents But we shall look over the whole Charter and observe somewhat in general upon it and then name the particular heads thereof and make some few Observations on each of them SECT VII The Charter for Corporations divided into parts and opened THe most of all our Corporations have been as we have shewed made by the Kings and Queens of England and none can be created now but by Act of Parliament and the Lord Protector 's Charter or Letters Patents And so he may make what Corporations he please This being the common way of erecting of them we shall look a little upon these Charters and the form of words commonly used in them by which Corporations are erected And herein we shall say a word in general to them and then we shall look over some of the peeces of them and lay down the effect of all the passages and peeces thereof And thereupon we shall make some few Observations or Collections for the better understanding of the Law therein 1. As to these Charters or Letters Patents for Corporations in the general these things are to be known 1. That in these Charters there are some things necessary in Law and that may not be left out And other things not necessary but are declaratory or explanatory and are inserted onely in point of discretion and for conveniency So the Clauses to buy and sell sue and be sued have and use a Common Seal to restrain alienation or demise of the Land belonging to the Corporation That the Survivors shall be Incorporate That if the Revenues increase they shall be imployed to the publique use of the Corporation To be visited by the Governours To make Ordinances That the Ordinary shall not visite it License to purchase in Mortmain and some general Clauses and Provisoes The Corporation is well made without all this 2. There are also usually granted together with the making of these Corporations and in the same divers Franchises and other things as Felon's goods and of fugitives and persons out-lawed in Civil Actions The Forfeitures by penal Statutes Recognizances Hundreds Courts and Conusance of pleas Fairs Markets Wayfs Estrayes Treasure Trove Deodands Exemptions from serving in Offices Juries payment of Toll Picage c. The Assise of Bread and Beer Pillory and Tumbrell The Office of the Justice of the Peace Coroner Clerk of the Market and a great part of the Sheriff's Office and the like These things have no dependance or are they at all incident to Corporations but commonly granted to them when they are erected 3. There are some things often inserted in these Charters that are unlawfull as to make Ordinances to imprison men or to forfeit goods upon disobedience or to restrain the liberty of Trade and such clauses as restrain the Corporation from having of that which is incident to it and the like Our Observations upon these Charters in the generall are such as these 1. That all these Charters have the most favourable interpretation in Law that can be And they shall be taken strongly against the Lo. Pr. and to advance the Work intended by it 2. That the draught now generally used in the making of these Charters is the best and safest Notwithstanding there is in it much more then is absolutely necessary to the erecting of the Corporations And therefore we advise all men that are to sue out Letters Patents herein to follow that president We will now look over the several Parts Heads and Clauses of the Charter and make observations upon them apart The Charter alwayes made The Title of the Supream Magistrate by the Supream Magistrate it doth begin with his Name Title c. after this manner Oliver Lord Protector c. And this may not be omitted Then it is usual if it be a Corporation Recitals before and not newly created And they can find any Record of Letters Patents for it They alwayes use to recite these Letters Patents and make a Confirmation of them in the New Charter Or if they can find no Record for it but de facto they have a Corporation and hold it by Prescription then they use to recite what it is and what they have and take and have a Confirmation thereof by the New Letters Pattents And this is the best and safest way to do it And this is the Authority by which it is erected After this there doth usually follow the main part of the Charter in the setting down of the Persons to be Incorporate Name place and words of Incorporation The persons to be Incorporated the name and place of Incorporation and the words whereby the Incorporation of the persons and place is made are usually to this effect as it followeth Now know yee That We our
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
Overseers of the Bridge and the residue of the Burgesses of the same Village for the time being or the greater part of them And we have assigned named c. and by these Presents do assign c. the said W. I. and H. B. to be the first Guardians of the Village aforesaid and will that they shall continue in the said Office from the date of these Presents unto Wednesday next after the Feast c. and from that Wednesday until other Burgesses of the Village aforesaid to the said Office shall be chosen and sworn according to the Ordinations and Provisions in these Presents expressed if they shall so long live and dwell within the same Village if they shall not be before removed or discharged from the said Office which for their evil behaviour we would have to be removeable and to be discharged by the Overseers of the Bridge and residue of the Burgesses aforesaid or the greater part of them And moreover of our further grace c. For us c. We will and grant to the aforesaid Guardians Overseers of the Bridge Burgesses and Commonalty of the Village aforesaid and their Successors That the Guardians Overseers and Burgesses of the Village aforesaid for the time being or the greater part of them gathered and assembled together whereof the Guardians and one of the Overseers of the Village are aforesaid we will have to be three shal have and by these presents may have full power Ordinances and authority to make and establish from time to time such Laws Ordinances and Constitutions as to them or greater part of them shall seem good wholesome and profitable and necessary according to their discretions for the good government and order of the said Guardians c. of the Village aforesaid and all the Officers Ministers A●●isicers Inhabitants whatsoever in the Village aforesaid for the time being about or in any thing concerning the repair and maintenance of the Bridge and other the Ways and Passages aforesaid leading thereunto for the Declaration in what manner and order the said Guardians c. and all and singular other the Officers c. of the Village aforesaid in their Offices Functions Ministeries and Businesses within the Village aforesaid for the time being shall behave and dem●an themselves And for the better government and profit of the said Village and for the reparation and keeping of the said Bridge-ways and Passages and also for the better preservation government and disposal of the said Lands Tenements Revenues Heredicaments Goods and Chattels to the said Guardians c. and their Successors by these Presents given or granted or hereafter to be given or granted and all things and matters whatsoever the said Village Estate Right or Interest thereof touching or in any wise concerning the same We will ordain c. that the Guardians of the Village aforesaid for the time being or the greater part of them whereof the Guardians c. to be three as oft as they shall make c. the Laws c. in form aforesaid and such Punishments Pains and Penalties by Fines Amercements or other lawful Penalties ways towards and upon all the Inhabitants within the said Village offending against the said Laws c. or any other or others such as the said Guardians c. for the time being or the greater part of them whereof the Guardians c. to be three for the observation of the said Laws c. shall be fit to ordain and appoint and the same Fines and Amercements that they shall and may levy and have without any let of us our Heirs or Successors or any of the Officers or Ministers of us or them all and singular which Laws and Statutes c. so as aforesaid to be made We will have to be observed under pain therein contained Yet so as the said Laws c. Penalties Fines Amerciaments be reasonable or agreeable to Reason and not repugnant to the Laws Liberties Rights Customs and Statutes of England And moreover we will c. and grant to the aforesaid Guardians Election of officers c. that the said Guardians c. and the greater part of them from time to time and in perpetual future times have and shall have power and authority every year in the moneth of Septemb. that is Wednesday next after c. to choose and name and that they shall have power to choose and name two of themselves that shall be Guardians of the Village aforesaid for one whole year next to come and that they afterthat they shall be chosen and named for Guardians of the Village aforesaid before they be admitted to execute that Oath of Officers Office shall take their Corporal Oaths upon the Holy Gospel of God within a moneth after their Nomination and Election before one of the Guardians being his Predecessor in the presence of the Overseers of the Bridge and the Burgesses of the Village aforesaid for the time being or the greater part of them well and truly to execute the said Office And after such Oath so taken that he or they shall and may execute the said Office unto Wednesday next before the Feast of c. then next following and from thence until one or two other as occasion shall be of the Burgesses of the Village aforesaid shal be chosen appointed and in due manner sworn into the said Office of Guardian or Guardians of the Village aforesaid if he or they shall so long live and abide in the same Village and shall not before that time be removed or d●scharged of his or their Office of Guardian or Guardians of the Village aforesaid which for his or their evil behaviour of the Overseers and residue of the Burgesses of the Village aforesaid or the greater part of them we would have to be moveable and to be discharged And moreover We will c. and for us c. grant to the said Guardians c. that if it happen the late Guardians of the Village aforesaid or either of them or any other Guardian of the Village aforesaid for the time being so as aforesaid to be chosen after that to the Office of the Guardian of the Village aforesaid so as aforesaid he shall be chosen and sworn he shall happen to die or be otherwise removed or discharged that then and so often it shal be lawful for the said Overseers and Burgesses of the Village aforesaid for the time being or the greater part of them to choose and appoint another of themselves to the Office of the Guardian of the Village aforesaid and that he so elected and set up may together with the other Guardian have and exercise the said Office during the residue of the same year if he shall so long c. And so in the like manner as to the other Officers Mutatis mutandis And moreover we will and grant to the said Guardians c. That the said Guardians c. for the time being and the greater part of them from time
to time in perpetual future times have and shall have power and authority yearly and every year upon Wednesday next after to choose name two of themselves who shal be Overseers of the Bridge of the Village aforesaid And so throughout as in the choosing of the last Officers And moreover we will c. and grant to the said Guardians c. that if it happen any one or more of the Removal of an Officer or Member Burgesses of the Village aforesaid to die or otherwise to be removed or discharged from his or their office or offices of Burgesses of the village aforesaid who or whom or for his or their evil behaviour or being unfit c. as in the like case before that then and so often it shall and may be lawful for the Guardians of the Village aforesaid for the time being or the greater part of them and other or others of the Inhabitants of the Village aforesaid within 15 days then next following after the death removal or discharge of any such Burgess or Burgesses so dying or discharged into his or their place or places to choose and set up And that after he or they shal be so chosen that they take their oaths within 15 days before the Guardians c. and then that they shall execute the same office as long as they live unless they be removed by misbehaviour c. in the same manner as it was penned for the other Officers And moreover we will c. and grant to the said Guardians c. that they and their Successors from henceforth for ever shall and may have and hold within the Village aforesaid one Court of Record every 3d week through the year that is on the Wednesday of the said 3d week or oftner at their pleasure before the Guardians and Overseers of Court of Record the Bridge of the Village aforesaid or before two of them for the time being to be held And that in that Court they may hold Plea from time to time of all and all manner of Actions Suits and Demands of all and all manner of Trespasses By Force and Arms and of all other Trespasses faults and offences within the Village aforesaid the Limits or Precincts of the same made or committed or to be made moved or committed and of all and all manner of Trespasses upon the Case Debts Accounts Covenants Deceipts Detainers of Writings taking and detainers of Goods and Chattels and other Contracts whatsoever of or for any causes or things personal or mixt within the Village aforesaid the Limits Precincts and Liberties thereof arising or happening So as the Plaintiff or Defendant in such Actions Suits or Complaints be dwelling or abiding within the said village the Liberties or Precincts thereof And so as the same Debts Trespasses Accounts Covenants Contracts and other Actions personal or mixt singularly by themselves do not exceed the sum or value of 100 l. And that such Pleas Complaints and Actions personal and mixt shall be from time 10 time heard and determined before the said Guardians and Overseers of the Bridge of the said Village or two of them by such the like and such like process manner means and wayes as shall be suitable to our Laws of England and in as large and ample manner and form as in any of our Courts of Record in any other Corporate Village or Borough within England now or heretofore hath been is or ought to be used or accustomed And that the said Guardians and Overseers and their Successors or two of them upon every such Complaint Pleas Actions and Suits have and shall have power and authority over the persons Defendants and every of them against whom such Complaints Actions and Suits in the aforesaid Court shal be raised or moved to bring into Plea by Summons Attachment and Distress And for default of Land and Chattels of such Defendant within the Village aforesaid and the Bounds and Liberties thereof where or by which they may not be summoned attached or distrained by attachment or taking of their Bodies according to the custom in some other Villages incorporate and Burroughs within England is used And the' said Actions Suits and Pleas severally to hear and determine And by the like Process Judgment and Executions of Judgments to deduce and determine by which the like Pleas in any other incorporate Village or Borough within this of England are deduced and determined or have been used to be deduced or determined NOTES OF Another President OLIVER Lord Protector c. To all to whom these present Letters-Patents shall Recitals come c. Whereas the late King CHARLES by his Letters-Patents bearing date c. did incorporate the Town and Parish of L. in the County of W. And did ordain and constitute the same to be a free Borough consisting of sixe Aldermen ten Bergesses and twenty Assistants And therein did grant unto them divers Franchises Priviledges and Immunities as by the said Letters-Patents relation being thereunto had more at large may appear And whereas the Inhabitants of the said Town and Parish of L. by their humble Petition have represented unto us divers and manifold defects that were in the said Patent and humbly pray that for the removing of their grievances and better government of the said Town and Parish We will be pleased to grant a new Charter of Incorporation of the said Town and Parish to consist of a Maior twelve Aldermen and thirty Common-Cuuncel men with such other Alterations Additions and Clauses as We shall think fit We considering the Premises and willing for the future that a more firm certain and peaceable government may be established within the said town and Parish of L. Do of our special Grace certain Knowledge and meer motion by these Presents will ordain grant and constitute that the aforesaid Town and Parish of L. from henceforth for ever may and shall be and is hereby made constituted and ordained to be for ever a free Borough of it self And that all the Houses and Buildings Lands Waters Water-courses Soyl and Ground scituate lying and being within the town and Parish of L. aforesaid from henceforth and for ever are and shall be within the Limits Meats Bounds and Jurisdictions of the said Burrough of L. And that all and singular the Inhabitants of the Town and Parish of L. aforesaid and their Successors from henceforth and for ever may and shal be one Body-Corporate and Politike in Deed Action and Name of a Mayor and Aldermen of the Borough of L. in the County of W. And we do erect make ordain create constitute and declare for us and our Successors the same to be one Body-Corporate and Politike in Deed Action and Name really and fully by these Presents And that the said Maior and Aldermen and their Successors shall and may from henceforth for ever be Name the immediate Successors of the said Aldermen Burgesses of the Borough aforesaid And that by the same name of Maior and Aldermen