be a prejudice to the Corporation but there must be an unanimous consent in it and it must be done by their common Seal And no Act otherwise done by the one party without the other for the passing of their Lands or for acceptance of Rent or the like will bind the other party Coo. 11. 79. Plow 91. 5. H. 7. 25 Perk. Sect. 30. 32. 6 7. 7. A Corporation may have What it may have enjoy and retain Lands Goods and Chattels and have debts by bonds and take and hold and make use of engagements as a body naturall may do with this difference That all that which the Corporation hath doth go in succession to the whole Corporation But if any engagement be to one of the members or he have any private estate this will go to his heirs and Executors But for lands purchased by a Corporation for the enjoyment thereof it must be sure it hath in their Charter a License to hold land in Mortmain otherwise the Lord Protector may by Law have it from them as forfeit to him 8. The Head and Members Grant by or to it of a Corporation aggregate may all together under their Common-Seal make a Feoffment or Lease of the Land belonging to the Corporation to whom they please but if they make a Fe. offment they must make Livery and Seisin by Letter of Atturney under the Common-seal or they may grant by fine the lands of their Corporation as the members of the Corporation may grant their own land by fine Plow 535. 538. Leases made by Spiritual persons Incorporate But the persons Corporate in Colledges or Halls in either of the Universities or elsewhere the Masters or Guardians of Hospitalls cannot make any Leases for longer time then for three lives or 21 years And these things are requisite to be observed in the making of these Leases also otherwise they will not be good 1. The Lease must be of Lands manureable and corporall whereof a Rent may be reserved and not of any thing that doth lye in grant Such is an Advowson Marker Fair Portion of Tythe or Rent out of lands albeit it be made for three lives or one and twenty years yet it is not good 2. Such Leases must be by Deed Indented and not by Word onely or by Deed-Poll onely 3. They must be made to begin from the time of the making thereof And therefore a Lease made by such a Corporation to begin from Michaelmas which shall be three years for 21 years Or a lease made to begin after the death of the head of the Corporation for twenty one years is not good But if a Lease be made from the day of the date of the Lease this is good Coo. 5. 6. Dyer 246. 4. If there be an old or former Lease in being of the Land the same must be surrendred or expired within a year of the time of making of the new Lease And this surrender must be absolute and not conditional also it must be reall and not illusory and in appearance onely Coo. 5. 2. 5. There must not be a double or concurrent Lease in being at one time as if a lease for years be made according to the Statute the Colledg cannot afterwards expulse the Lessee and make a Lease for lives or another Lease for years according to the Statute nor é converso But if a Lease for years be made to one and afterwards a Lease for life is made to another and a Letter of Attorney is made to give Livery of Scisin upon the Lease for life and before the Livery made the first Lease is surrendred in this case the second Lease is good Coo. 52. and Spark's Case Trin. 4. Iac. B. R. 6. These Leases must not exceed 3 Lives or 21 years from the time of the making of them And therefore a Lease made by the Ecclesiastical Corporation of the Lands they have in right of their Corporation for 22 or 44 Years or for 4 lives is void and that not onely for the Overplus of time over the three lives or 21 years but it is void for that time also And it hath been resolved That a Lease made by them for 99 years if three lives so long live That this Lease is not good Nor will it help to make the Lease good if one of the 4 lives where it is so made dye before the Head of the house dye nor any such after-Accident But a Lease made by them for a lesse time as for 20 years or two lives is good 7. It must be of Lands or Tenements which have been most commonly let to Farm or occupied by the Farmers thereof by the space of 20 years next before the Lease made so as if it have been letten for 11 years at one or several times within 20 years before the new Lease made it is sufficient And albeit the letting of it have been by Copy of Court Roll yet such a letting in Fee for life or years is a sufficient letting And so also is a letting at Will by the Common-Law Coo. 6. 37. Dyer 271. 8. There must be reserved upon such Leases yearly during the same Leases due and payable to the Colledges or houses in Succession so much yearly Farm or Rent or more as hath been most accustomably yielded or paid for the Lands and within 20 years next before such Lease made And therefore if the Rent be reserved for part the time of the New Lease onely this Lease is void And if the Colledge have 20 acres of Land that hath been usually letten and make a Lease of these 20 acres and one acre more never let and adde so much Rent as this acre comes to it is void So if it have two Farms at two Rents one 20 l. the other 30 l. and lease them both at 50 l. Rent this is not a good Lease But if upon the former leases some other things have been added as Heriots Fines or profits at the death of the Farmers or profits out of another's soyl and this be omitred in the New Lease the New Lease may be good notwithstanding And if the new Lease have more Rent reserved upon it then the old Lease had it is good enough And if the old Rent were all or part of it in Corn the New Lease must be so also or it will not be good And by 18 Eliz. 6. in Colledges in the Universities a third part is required to be reserved in Corn upon all such Leases But this will not suffice where anciently more was reserved in Corn. And if the old Rent wore reserved at four dayes in the year the New Lease must be so also for to reserve it payable at one or two dayes is not good And if the old Rent be in Gold it seems the New must be so also If it be a Mannor that is let and the Rent be 10 l. and after a Tenancy Eschear and the New Lease of the Mannor hath but 10 l. reserved it seems
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
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
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
this is good But if the house purchase the Tenancy it is doubted Coo. 5. 6. 8. and 6. 37. 9. Such Leases must not be without impeachment of Wast for if it be it is void So if a Lease be made by the house to one for life the Remainder to another for life it is void for this is in effect during the life of him in Remainder without Impeachment of Waste 10. These Leases must have all due Ceremonies as other Leases have to make them good as Livery of Seisin Attornment or the like Coo. 7. 7. And then are these Leases made by these Colledges c. good when they are so made and with these provisoes not otherwise But if they be otherwise made they are good against the present Heads of the Colledges that made them so long as they continue there But they are voidable and may be avoided by their Successours Coo. upon Litt. 45 329. Stat. 13 Eliz. 10. Dyer 356. Coo. 2. 46. 6. 37. 11. 67. 3. 76. 5. 14. 9. The Head and Members together of a Corporation may have or take Lands or Goods by the Grant or gift of others as a Natural Body may do But if they take it by Feoffment it must be by warrant to an Attorney to take it under the Common Seal Also a Corporation may take Land by Fine Coo. 10. 67. 5 H. 7. 25. Plow 535 538. 10. But a Corporation must Common Seal without Writing it can do nothing alwayes give and grant in writing and by their Common-Seal or their Grants will not be good For a Corporation cannot give or grant the Lands of the Corporation for years or a Rent out of the Lands for any time or grant an Annuity or enter into Covenants or Bonds or give or sell the goods of the Corporation but by writing under their Common-Seal And it is a general Rule That nothing may be done by a Corporation that doth concern the whole Corporation but it must be done by Deed under the Common-Seal And therefore however perhaps it the Head of it or the whole Corporation together make any Contract for necessary provision for the use of the whole which is employed accordingly or retain a necessary servant as Baker Brewer Butler or Cook from year to year or give a power to enter into Land or demand Rent or other small matter for the advantage of the Corporation by word or writing without Seal haply some such Acts may be good yet it is doubted and is not safe For the general and constant opinion is That no Contracts Bills Bonds Granting of Offices as of Stewards of Courts Bayliffs of Mannors Retainers of Servants as Bakers c. no Deputation Grant of Power License Contract Agreement or Authority given by them is or can be maintained in Law to be good but what is under their Common Seal 7 H. 7. 9. 4 H. 7. 6. 13. 19. 12 H. 7. 27. 13 H. 7. 17. 2 R. 3. 7. Plow 91. 92. Dyer 102. Coo. 6. 38. Coo. 11. 79. Coo. 10. 67. Perk. 14. Broo. Abridgment Corporation throughout 11. The Grant of a Corporation will bind the Successours though they be not named in the Grant Plow 457. 12. A Corporation cannot be Seised to uses seised of Land to other uses Coo. 10. 24. 13. A Corporation Civill Barred by Fine aggregate as Mayor and Cominalty and the like may be barred and concluded by a Fine and Non-claim as a Body naturall may be But otherwise it is of a Corporation Spirituall or mixt such as Colledges Hospltals and the like For they cannot be hurt by it Stat. 13 Eliz. chap. 10. Coo. 11. 71. Plow 367. 538. 14. A Corporation may sue Sue and be sued and be sued as a Body naturall may be but care must be had that it sue and be sued by the right name of it whereby it was Incorporated Coo. 10. 29. 15. If a summe of money be Money levied upon it to be levied on a Corporation it may be levied upon the Mayor or chief Magistrate or upon any Member of the Corporation By Chief Just Rolls in B. R. Hill 1652. 16. If Land holden of H. had been given to an Abbot and Corporation dissolved the Lands revert his Successours or to any other Corporation if the Abbot and all the Convent had dyed so that the Corporation had been dissolved the Donor and not the Lord by Escheat should have had the Land again Coo. Inst Part. 1. 13. 17. If the King had given Lands to a Mayor and Cominalty and their Successours to be holden by Knights-Service in this case the Pattentecs should not have done homage neither should there have been any Wardship or Relief onely they should have found a man c. or pay Escuage But if they had conveyed over their Land to any naturall man and his heirs now the Ward Marriage Relief and other Incidents belonging thereunto before they were taken away had been Revived Coo. Inst Part. 1. 70. 6. 18. If any Corporation shall oppresse any of the people under their power by Imposition of unjust Rates the making and execution of unreasonable Ordinances See the Act of 5th of September 1649. For the Oaths of Mayors c. the Imposition of unjust Oaths or by forcing men in the taking of an Oath to use the Ceremony of putting their hands on the Bible which men now may not be forced to but they may if they please take it by the lifting up of the hand onely And if they shall upon this account set any Fine upon any man imprison his person or distrain his goods the which in some Corporations have been done or they shall by any such like means grieve the people the party grieved hereby may have his Relief by Complaint in the Upper-Bench 19. A Corporation may be dissoved by Parliament And it seems it may not be dissolved otherwise Yet see Dyer 100. Coo. Inst Part. 1. 13. FINIS THE FORMES AND PRESIDENTS OF Charters Concerning CORPORATIONS WITH The chief Matters that are usually contained in them LONDON Printed by I. Streater for Thomas Dring and H. Twyford MDCLIX THE FORMES AND PRESIDENTS OF CHARTERS CONCERNING Corporations OLIVER Lord Protector of c. Consideration of Inducement Whereas our City of N in Our County of N. is a very antient City and the Citizens of the said City have antiently been a Body Politique and Corporate and from the time whereof the memory of man is not to the Recitals contrary the Citizens of Our said City have held used and enjoyed as well within the same as elsewhere in England divers and sundry General works Rights Royalties Liberties Priviledges Franchises Free-customes Jurisdictions Preheminencies Advantages Emoluments and Immunities as well by Prescription as by sundry Charters Letters Patents Grants and confirmations of divers Kings and Queens of England And whereas divers Mannors Lands Tenements and Hereditaments Jurisdictions Liberties Immunities and Priviledges have heretofore been given
and granted or mentioned to be given and granted to the Citizens and Inhabitants of our said City sometimes by the Names of the Citizens of the City of N. Sometimes by the Name of the Maior and Citizens of N. Sometimes by the Name of the Maior Bayliffs and Commonalty of the city of N. Sometimes by the Name of the Maior and Commonalty of N. Sometimes by the Name of Maior Aldermen and Commonalty of the city of N. And by divers other Names as by their several Letters Patents Charters Grants Writings and Muniments amongst other things may more fully appear And whereas since the taking away of Arch-Bishops Bishops Deans Deans and Chapters by Authority of Parliament the Maior and Commonalty of our said city of N. by the name of Maior and Commonalty of Our said city have at their great charge purchased to them and their Successors amongst other things a Tenement within the same city commonly called Guild-Hall together with the Prison and Prison-house there being Guild-hall Prison part of the said Guild-Hall with their Apâ—urtenances late parcel of the possessions of and belonging and appertaining to the late Bishops of N. And also all Wastes lying and being within the said câ—ty and all Fairs and Markets usually holden and taken and kept within the said City and the benefits and profits Commodityes and advantages thereof And all and Courts all manner of Courts Court-Leeres views of Frankpledge and whatsoever thereunto belongeth Courts-Baron and Courts of Pleas and all other Courts usually holden and kept within the said City And all Fines Issues and Amercements as well at the said Courts and every of them as at the Assises and Sessions of the Peace Fines Issue Amercements holden and to be holden for the County of W. and payable or happening from time to time to be payable by any of the Inhabitants of the said City and the Power and Priviledge to hold and keep the aforesaid Courts and every of them from time to time And to Award and Issue the accustomed Writs and Process to be awarded out of the said Courts which should from thenceforth beare Teste in the name of the Major of the said City for the time being and the said Courts to be kept by the said Major or Recorder or by the Steward or Bay liffe of the said Major and Commonality and their Successors for the time being and such other Officers of the said Mayor and Commonality and their Successors for ever to be from time to time attendant upon the said Courts to serve and execute the Writs and Process and other matters and things in the said Courts as were usually attendant upon the said Courts in the time of the said late Bishops of N. And power to distraine Distresse for all Rents and summes of money payable by reason of the said premisses and all other remedyes and meanes for the having receiving levying and enjoying the said premisses and every part thereof And also all Waives Estrayes Deodands and goods of Felons happening and Waives Estrayes c. being within the same City And all summe and summes of money to be paid as a Post-Fine or Post-Fines upon any Fine or Fines from time to time to be levied of any Lands or Tenements Post-Fines within the same City And all Lands Tenements Mills Meadowes Rents Courts Faires Markets Royalties Services Annuityes Libertyes Franchises Priviledges Immunityes and other possessions and Hereditaments whatsoever of what nature or condition whatsoever scituating lying and being happening arising or comming The Bishops Lands within the said City of N. and the Libertyes thereof which at any time within 10 years before the beginning of the Parliament begun the third day of November 1640 were belonging to the late Bishop of N. or his Predecessors late Bishops of N. or his Assignes as parcell of the possessions of the late Bishoprick of N. As by their deed of Purchase thereof bearing date the 17th day of November 1647. and in the 23. yeare of the Raign of the late King Charles and inrolled of Record in our Chancery at Westminster in our County of Middlesex may more fully appeare All and every which premisses in the said Deed of Purchase specified were amongst other things by the said late King Charles by and with the advice of the Parliament of England then sitting at Westminster aforesaid confirmed to the said Mayor and Comonalty of our said City of N. and their Successors by the Letters Pattents of the said late King Charles under the great seale of England bearing date at Westminster the 19th day of Ianuary in the 24. yeare of his Raign as by the said Letters Pattents remaining also of Record in our said Court of Chancery relation being thereunto had may more fully appeare And whereas the now Mayor and Comonalty of our said City of N. have humbly besought us to be gratiously pleased to grant ratifie and confirme unto them and their Successors all and singular the aforesaid premisses and all and every the Libertyes Priviledges Franchises Rights Royaltyes Free-Customes Jurisdictions Preheminencies advantages emoluments and Immunityes Lands Tenements and Hereditaments aforesaid and all and every other like Libertyes Priviledges Franchises Rights Royalties Free-Customes Jurisdictions Preheminences Advantages Emoluments and Immunityes whatsoever heretofore granted or mentioned to be granted to the said Mayor and Comonalty or to the Citizens of the City by their severall names of Incorporation or any of them or otherwise howsoever or to the late Bishop or Bishops of N. within the said City or with any Circuit of ground in or adjoyning to the said City called the close of N. and which have heretofore been lawfully enjoyed by them or either or any of them respectively by Prescription or grant or any other Title whatsoever with alterations additions and Explanations as we should think fit And further that the said close of N. might be united and annexed to the said City and be subject to the same Government of the same City And that the said Mayor and Comonalty and their Successors may hold exercise and enjoy such and the same Libertyes Priviledges Franchises Rights Royaltyes Free Customes Jurisdictions Immunityes within the said Close as they have or ought to have within the said City Know ye therefore that we at the humble Petition of the now Mayor and Commonality of The new Grant our said City of N. and for divers other good causes and Considerations Us hereunto moving and of our speciall Grace certaine knowledge and meere motion have granted ratified and confirmed And by these presents for sand our Successors do give grant ratifie and confirme and approve to the said Mayor and Comonalty * c the aforesaid Tenement * c Expresse their names as before the Prison house * c And the aforesaid Faires and Markets * c And the aforesaid Courts * c And all Fines Issues and Amercements as well at the said Courts and every of
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
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
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
that no Officer of ours shall disturb them therein under any pretence whatsoever Not onely for their future but for their present enjoyment thereof Saving to all Persons Bodies Saving to strangers Politike and Corporate their Heirs and Successors all such Right Title and Claim Possession Rents Services Commons Emoluments Interest in and to any thing which is theirs save onely the Franchises aforesaid in as ample manner as if this Charter had not been made Nevertheless We will and declare that the Proviso Incorporation to be founded by this Charter shall not at any time hereafter do or suffer to be done any thing by means whereof the Lands Tenements or Hereditaments Stock Goods or Chattels thereof such as have been setled to pious or charitable uses shall be wasted or misimployed contrary to the Trust and Intent of the Founders thereof And that such and no other construction shall be made hereof then that which may tend most to advance Religion Justice and the publike good and to suppress all Acts and Devices to be invented and put in ure contrary thereunto And lastly We do for us c. grant that this present Charter shall pass without Fine or Fee Fine or Fee in the Hamper In witness c. FINIS NOTES OF Another President OLIVER Lord Protector c. Whereas the Bridge of our Village of M. in our county of B. over the Water of Thames there going is of great use to our people for carriages c. and the same was used to be repaired by the charge of a certain Fraternity and Guild now dissolved c. And that they were used to have certain sums of money to help to the repair thereof And had certain Customs Profits and Liberties granted by H. 6. And whereas Q. Eliz. 7. Marcii 24. Eliz. by her Letters-Parents for the Recital of Patents better repair of this Bridge made the same Village a free a free Village of it self and the Inhabitants of the same Village and their Successors Inhabitants there Incorporate by the name of Guardians of the Bridge and the Burgesses and Commonalty of the Village of M. in the county of B. And have use and enjoy divers Lâ—berties Priviledges Jurisdictions Franchises and Preheminences by the said Letters-Patents to them and their Successors for ever as by the said Letters-Patents c. And whereas our beloved Subjects to the Nnow Guardians of the Bridge c. of the Village of M. aforesaid have humbly besought us that we would grant to them our Regal Grace and Bounty And that we for the better Government and publick good of the said Village that the said Guardians of the Bridge c. into one Body-corporate or Politick by our Letters-Patents would ratifie approve and confirm or anew constitute create and make the same as to us shall seem best We therefore considering the Premises and that the said Village of M. is an antient and populous Village to and through which there is frequent coming and going by our subjects and over the same Bridge And being willing that for ever hereafter an undoubted and certain manner and order be had and held within the Village aforesaid for the keeping of the Peace and for the good Government of our People there And to the end it may for ever hereafter remain a Village of peace and quiet to the fear and terrour of the evil and the reward of the good And that our peace be maintained and kept And to the end the said Bridge be from time to time well and sufficiently repaired without delay And hoping that if the Guardians of the Bridge c. of the Village aforesaid and their Successors may enjoy by our Grant greater Liberties and Dignities that then they will put themselves forth to the uttermost to do us and our Successors service And that they will account themselves the more obliged to us Of our special grace certain knowledge and meer motion have willed ordained constituted and granted And for us and our heirs and successors will c. declare That our said Village be and remain for ever hereafter a free Village of it self And that the said Guardians of c. and their Successors be for ever hereafter and shall be by vertue of these Presents one corporate and Politick Body in Deed and Name by the name of the Guardians of the Bridge the Burgesses and Commonalty Name of the Corporation of the Village of M. in the Village of M. in the county of B. And them by the name of the Guardians c. in the county of B. one corporate and Politick-Body in Name and Deed really and to the full for us our heirs and successors do make ordain grant constitute and confirm declare and create by these Presents and that by this Name they shall have a perpetual succession And that To have take buy sell they and their Successors by the name of the Guardians c. bâ— and shall be at all times hereafter a Person able and in Law capable to have get receive and possess Laws Tenements Liberties Priviledges Jurisdictions Franchises and Hereditaments to them and their successors in Fee-simple or for term of life lives or years or otherwise And also Goods and Chattels and all other things of what kind nature or quality soever As also to give grant let set and assign the same Lands Tenements Hereditaments Goods and Chattels and do and execute all other things by the name aforesaid And that by the name of Guardians c. they may sue and be sued c. As in the first President Mutatis Mutandis And moreover Number of Burgesses and Officers we will and by these Presents for us and our successors grant to the aforesaid Guardians of the Village aforesaid that there be and shall be in the Village aforesaid 11 Burgesses Inhabitants of the Village aforesaid and there resident in the Form as by these Letters-Patents is hereafter specified to be chosen and made of which said 11 Burgesses two shall be Guardians and two shall be Bridg-Overseers who shall have the care of the repair and maintenance of the Bridge of the Village of M. aforesaid and of the good Government Order and correction of the Burgesses and Inhabitants of the Village aforesaid And for the better execution of our said Pleasures and Grants on this behalf we have assigned named constituted and made And by these Presents for us c. do assign c. our beloved W. I. H. B. c. Inhabitants of the Village aforesaid to be by vertue of these our Letters-Patents the first Burgesses of Presens Burgesses the Village aforesaid and that every one of them shall be and remain in the Office of a Burgess of the said Village as long as he shall live and inhabit within the said Village if he be not before removed or discharged from the said Office every one of which for his evil behaviour or unfit being we would have to be removeable at the pleasure of the Guardians
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