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
was agreed That the Ordinance was against Law and Judgment against the Plaintiffs And Lord Hobbart in Hil. 15 Iac. declared that we were all of opinion that Judgment should be given against the Plaintiffs And he repeated the Case and the reasons of this Judgment because the Ordinance was That none should use the Trade of Weaving nor have any Loom in the Town unlesse he had served c. before the making of this Ordinance so that all Apprentices which serve after shall be excluded unlesse they shall be admitted by them which is unreasonable And the Plaintiffs do not convey to themselves any good Title to be Wardens But as to the principal point of making such a restraining Ordinance the Court did not deliver any opinion The City of London made a By-Law That none of such a Trade should take to his Apprentice the son of an Alien And if he did That the Obligations and Covenants made between them should be void It was adjudged a void Order and that the Covenants and bonds of binding that Apprentice were good Dogrell vers Powks Trin. 37. Eliz. The President and Censors of the Colledg of Physitians in London by colour of Letters Patents of H. 8. and 1. M. Fined and Imprisoned Doctor Bonham for practising of Physick in London without their allowance the Fine to be paid to them and for contempt made to the Colledg Whereupon he brings an Action of false Imprisonment And it was adjudged for him And in this Case resolved 1. That in this Case they have no power to punish by Fine and Imprisonment those who practise without their License but those practisers who mis-administer Physick 2. Admitting they have power given them yet they have not pursued it according to the Statute and Patent Coo. 8. 14. Doctor Bonham's Case An Ordinance made by any Masters Wardens or Fellowships of any Crafts or Rulers of Guilds or Fraternities That every Apprentice shall pay at his first Entry into the Common-Hall into the Wardens of the same Fellowship for his Entry into the Fellowship above two shillings six pence or for his Entry when his Term is expired above three shillings four pence is against Law by the Statures of 19 H. 7. 7. 22 H. 8. 4. 28 H. 8. 5. So an Order that they shall not set up after they have served their time and are Free-men or open any Shop House or Cellar or occupy as Free-men without the Agreement or Licence of the Master Warden or Fellowships of the Company This Ordinance is void by the Statute of 28 H. 8. chap. 5. So that every such Apprentice shall make Oath or enter into Bond to the Warden c. not to set up shop otherwise Stat. 28 H. 8. 8. It seems then by these Cases That if a By-law be made by Victuallers Incorporate and by Compact not to sell their Victualls but at certain prices or if the Corporation be of Artificers Workmen or Labourers And they conspire and make a By-law to work to such a proportion or such a Rate that this is void Stat. 2. and 3 Ed. 6. 15. So an Ordinate to restrain Masons Carpenters Brick-layers Plaisterers Joyners Hardewers Sawyers Tylers Paviers Glasiers Lyme-burners Brick-makers Tile-makers Plummers or Labourers Strangers that are not Free-men there to work in the place except it be in the City of London is not good Stat. 2 3 Ed. 6. 25. But Ordinances made upon pursuance of the power they have by divers Acts of Parliament as about Victuallers the Assise thereof Gauging of Barrels Maulsters and the like these being wisely penned may be good So such as are made for the Order and Government which is for the furtherance and Increase of Trade may be good Coo. 5. 63. SECT IX Some other general Rules needfull to be known about a Corporation A Corporation is a Body onely in consideration of The Nature and capacity of it Law and not like to a naturall Body for it cannot commit Treason be Out-Law'd Excommunicate appear in person in a Court be Sworn Dye and other such like Acts which a natural body may do yet may it give and grant have and take sue and be Sued Coo. 10. Suttons Hospitals Case 2. The Members of a Corporation have a double Capacity for they retain as their naturall Bodies so the naturall capacity thereof still to do and be done unto have and enjoy in that capacity as they did before they were Members of the Corporation The capacity of the single Members of it And so they may dispose of that Estate they have in their natural Capacity as they did before And if such a Member dye seized of Land it will go to his heir if possessed of Goods and Chattells they will go to his Executors or Administrators and not to the Corporation And as they are Incorporate Double Capacity with the rest of the Corporation they are in another capacity so that if they have any Lands Goods or Chattels with the Corporation they alone cannot dispose of it And if they dye it will not go to their Heirs or Executors but to the Corporation And so they may still do suffer or be done unto in either of these capacities Yea in a diverse capacity they may act under the same Corporation so one Member of the Corporation in his naturall capacity may be a Bayliff or Atturney may make a demand of Rent or Entry into Land for the same Corporation whereof he is part Yea a Grant or Lease made by the Corporation in the Politick capacity to one of the members thereof in his naturall capacity is good Yea if any one of the members of a Corporation be seized of land in his own right and in his naturall capacity he may make a Feoffment of this land to the same Corporation whereof he is a member And so a man in a diverse capacity may both give and take at once 10 H. 7. 16. 5 H. 7. 26. Broo. Corp. 4. Perk. 11. 2. A Corporation cannot be How to be known without a lawfull commencement it hath a common Seal and the head or heads thereof is or are commonly eligible and not presentable Dyer 81. 4. One Corporation cannot make another and yet many lesser Corporations may be made One Corporation cannot make another Corporation within a greater as in London and other Cities Broo. Corporations 45 46. 5. A Corporation may change its name and continue good and Change its Name it may perhaps have two names given it the one after the other but if it buy or sell sue or be sued it is best to be done by the new name And yet perhaps it may be good enough by the one or by the other name Broo. cap. 3. 6. The Head alone without How it may act the Members or the Members alone without the head of a Corporation aggregate regularly cannot act any thing about the disposall of the revenues of their Corporation especially in that wherein there may
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
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
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