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A31129 The Case of the charter of London stated shewing, I. What a corporation is, II. Whether a corporation may be forfeited, III. Whether the mayor, commonalty, and citizens have done any act in their common council, whereby to forfeit their corporation and franchises. 1683 (1683) Wing C1026; ESTC R20678 20,199 19

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of all the Free Men and Citizens of the City of London they must in a more eminent degree bind the Corporation We shall Observe 4. What those Acts were 1. The said Mayor and Commonalty and Citizens of the said City of London have assumed an unlawful and unjust Power and Authority to Levy Money of the Subjects of our Lord the King to the proper Use of the said Mayor and Commonalty and Citizens assumed by colour of the Laws or Ordinances by them in Fact Ordained without any other Right Title or Authority and in particular in their Common Council Assembled they did make and publish a certain Law by them in Fact Enacted for Levying several Sums of Money of all His Majesties Subjects and Liege People as well Free as not Free men of the said City and of other Foreigners at the Publick Markets held within the City aforesaid coming thither to Sell their Victuals and Provisions 2. That the said Mayor and Commonalty and Citizens of the said City in their Common Council Assembled without any Legal Authority did assume upon themselves to Censure and Judge our said Lord the King and the Prorogation of the Parliament and then and there being so Assembled in their Common Council did Vote and Ordain that a certain Petition under the Name of the Mayor Aldermen and Commons of the City of London in the Common Council Assembled should be exhibited to our said Lord the King in which Petition there was contained that by the said Prorogation of the Parliament the Prosecution of the Publick Justice of this Kingdom and the making necessary Provision for His Majesties Protestant Subjects was obstructed And they did Order the Imprinting of the same and caused the same to be Published and dispersed We shall enquire whether these Laws and Ordinances made by the Mayor and Commonalty and Citizens of London be Warrantable by Law or not I do agree that they have Power to make Laws and Constitutions for the well Government of the City 22 Ass Part 34. But Ordinances which are contrary to the Publick Good which is the scope and great End of all Laws for Salus Populi est Suprema Lex are injurious or prejudicial to a multitude and beneficial only to some particular Persons such Ordinances are repugnant to the Law of Reason to which they ought to be subordinate and by consequence void And most of the Ordinances and Constitutions which by the Common Law have been adjudged void as being unreasonable against common Right or purely against Law if their Nature and Quality be considered they have been found injurious to a multitude and prejudicial to the Common-wealth and to have had their commencement and continuance by Oppression and Extortion 1. They have made a Constitution and Ordinance to Levy several great Sums of Money as well upon the said Citizens of London as Strangers which come to the Markets of the said City with Victuals c. These Sums of Money Levyed by them could not be Levyed for Toll Pickage or Stallage incident to their Markets or due by Prescription they do not pretend it to be but by an Arbitrary Power without any Right and against Law they have Levyed the said Sums Every Oppression against Law by colour of any Usurped Authority is a destruction within Magna Chart. c. 29. and it 's the worst of Oppressions that is done by colour of Justice If the King de novo doth grant a Fair or Market Toll doth not pass as incident to it without special words Kelloway Fol. 138.145 11 H. 6.19 9 H. 6.45 T. 38. Eliz. Rot. 936. Heedy Weldhouse And the Reason is because it 's but a private Profit against common Right If the King doth grant a Market with Toll if he doth not appoint how much shall be taken for Toll the Grant is void For when the King doth create a Market and grant such things which may be chargeable to the Subject the Law presumes that the King granted it Pro bono publico and the Subject had Quid pro Quo and greater henefit by it But it 's against all reason to give power to any Subject to impose so much as he pleases upon another by Toll or other Duty and the rule is given Lib. 11. f. 8. in the Case de Monopolies that every Grant and Grievance to the prejudice of the Subject is void 13 H. 4.14 15. Kelloway temps E. 3.1 34. 30 E. 3.15 1. and expresly 9 H. 6.45 it is That in a Prescription for Toll it ought to be set out how much had been used to be taken for Toll 11 H. 6.19 Book tit Patent 11.12 When the King erects a Court he ought to appoint Officers and not the Patentee so that there be no oppression or extorsion 14 E. 3.13 14. In the 13 H. 4. the Commons complained in Parliament that an Office was erected for Measurage of Clothes and Canvas with a new Fee for the same by colour of the Kings Letters Patents and prayed that the said Letters-Patents might be revoked For the King could erect no Office with new Fees to be taken of the people who may not be so charged but by Parliament The Royal Answer of the King in Parliament was That the Statutes therefore provided should be observed Rot. Parl. 13 H. 4. n. 43.13 H. 4. fol. 16 17. King Edwrd the Third had granted to Robert Polcy a new Office of Measuring Worsteads with a new Fee at the petition of the Commons it was resolved in Parliament to be void and afterwards revoked as void by Authority of Parliament Rot. Parl. 22. E. 3. n. 31. Rot. Parl. 25. E. 3. And by the Stat. 34 E. 1. all Burthens or Charges put upon the Subject by the King either to or for the King or to or for any Subject by the Kings Letters-Patents or other Commandment or Order is prohibited unless it be by common consent in Parliament 1 Inst Part. 2. fol. 534. If the King cannot put or impose any Burthen or Charge upon the Subject but by their assent in Parliament From whence do the Mayor and Commonalty and Citizens of London derive their Power and Authority to set and impose such Sums of Money If from the King that Power and Authority is against the 29 ch of Mag. and the Statute of 34 E. 1. If by Prescription that Prescription is against the said Statutes and so void in Law therefore it 's an usurpation of an unlimited Power and contrary to Law and Justice and a just cause of forfeiture of their Corporation And that which adds to the Superinjustice of their actings as they have imposed these sums of Money upon the Kings Subjects so they may at their wills and pleasure impose what greater sums of Money they shall think fit Richard D'Wakyes did distrain William de Hay for that he did hold of him certain Lands apud Lin de faud by the service of 10 s. Et per tallagium ei faciendum ad voluntatem ipsius Richardi
THE CASE OF THE CHARTER OF LONDON STATED SHEWING I. What a Corporation is II. Whether a Corporation may be Forfeited III. Whether the Mayor Commonalty and Citizens have done any Act in their Common Council whereby to Forfeit their Corporation and Franchises LONDON Printed for John Kidgell at the Golden Ball near Grays-Inn Gate in Holborn 1683. THE CASE OF THE CHARTER OF LONDON STATED c. AN Information against the Mayor and Commonalty and Citizens of the City of London for Vsurping of divers Franchises and Liberties within the said City and for assuming to themselves an unlawful Power to Levy several great Sums of Money as well upon the said Citizens of London as Strangers and in particular upon those which come to the Markets of the said City by Colour of the Laws and Ordinances in their Common Council by them in Fa●● Ordained and Established without any other Right or Authority And for that the said Mayor and Commonalty and Citizens in their said Common Council Assembled did Vote and Ordain that a certain Petition under the Name of the Mayor Aldermen and Commons of the City of London in their Common Council Assembled should be exhibited to our Lord the King that now is Maliciously Seditiously and to the intent that the same Petition might be Published and dispersed abroad amongst his now Majesties Faithful Subjects to induce them into an Opinion that our said Lord the King that now is by Prorogation of the Parliament had Obstructed the Publick Iustice of the Kingdom and to induce the same Subjects of our said Lord the King that now is to the Hatred of the Person of our said Lord the King and of his Government Established in this Kingdom and to disturb the Peace and Tranquillity of this Kingdom of England they did then Ordain that the same Petition containing the said Scandalous and Seditious Matter should be Imprinted and afterwards to the intent that the same might be Published and dispersed amongst the Subjects of our said Lord the King that now is to alienate and divert their Affections from our said Lord the King and from his Government they Maliciously and Advisedly and Seditiously did Print and cause to be Imprinted and Published to the Contempt and Scandal of our said Lord the King and of his Government of this Kingdom of England and to the raising and promoting of Sedition and Disturbance of the Peace and Tranquillity within this Kingdom of England and to the pernicious Example of others His Majesties Subjects In the Disquisition therefore of this Case WE shall Consider 1. What a Corporation is 2. If a Corporation may be Forfeited 3. If the Mayor and Commonalty and Citizens have done any Act in their Common Council whereby to Forfeit their Corporation and Franchises A Corporation is either Sole as Bishop Parson 39 H. 6.14 7 E. 4.12 or Aggregate as Mayor and Commonalty A Corporation Aggregate is a Lawful Society of a cerrain Number of Men Constituted by the King with divers Liberties and Priviledges 11 H. 7.27 Fitz grant 30. Summa Hostiensis Fol. 60. All Corporations have their Origination and Essence from the King otherwise it 's an Illegal Society contrary to the Laws and Statutes of the Kingdom 9 H. 6.16 b. Lib. 10. Fol. 26 33. Inst Part 3. Fol. 202. Lib. 8. Fol. 125. One Corporation cannot make another by Usage or Prescription 49 E. 3. Fol. 3.29 Ass 8. Brok. Corporation n. 45. Neither can the King give License to any one to make a Corporation Lib. 10. Fol. 27. b. But one Corporation may be made out of another by the King 9 E. 3. Fol. 18. The King may if he pleaseth make a limited Corporation or a Corporation to a special purpose as to take and not to give or Conditional to pay Rents c. P. 11. Jac. en le Excheq St. Saviours Case 21 E. 4.59 2 H. 7.13 Dy. Fol. 100. a. If the King grants Hominibus De Dale to be quit of Toll they are a Corporation to that purpose 21 E. 4.55 56. The King grants Civibus de Norwico quod non ponantur in Juratis c. the grant is good and makes them a Corporation 21 E. 4.55 56. 2 H. 7.13 7 H. 4.44 When a Corporation is rightly Created all Incidents are tacite annexed to it Lib. 10. Fol. 30. b. Sr. Saviours Case If the King Creates a Corporation and doth not give any express Power in the Letters Patent to make Laws or Ordinances yet this Power is incident to the Corporation and is included in the very Act of Incorporating as is also the Power to Sue to Purchase and the like but these Laws ought always to be subject to the Laws of the Realm as Subordinate to it Hob. Rep. Fol. 285. Therefore every Law made by any Corporation ought to be 1. Remedium Congruum a fit Remedy to redress the Mischief 2. Bonae fidei rationi Consonum Consonant to Justice and right Reason 3. Pro Communi utilitate Civium aliorum fidelium domini Regis for the Publick Profit of the Citizens and other the good Subjects of the King and therefore Ordinances or Laws by them made pro privato lucro and not pro bono publico for private Advantage and not for the publick Good are void Lib. 5. M. 32. 33. Eliz. BR Chamberline de Lond. Case Hob. Rep. Fol. 212. P. 14. Jac. Rot. 907. Norris Stamp A Franchise or Liberty is a Royal Priviledge in the Hands of a Subject of some Benefit Power or Freedom that Persons or Places have above others Crompt Juris Fol. 241. Franchises are real or Personal Franchises Real are Priviledges annexed and given by the King to some Place as County Palatines Corporations Lamb. Eiren. lib. 1. c. 9. Plowd Fol. 123. Crompt-Juris 137. Franchises Personal which are granted by the King to some Person or Persons as Exemption from Juries from Toll 21 E. 4.55 56. All Franchises were Originally derived from the Crown but now by continuance of Time are Claimed and had in some Cases by Prescription Inst Part 1. Fol. 114. Lib. 9. Fol. 23. Boulst Part 1. Fol. 57. Part 2. Fol. 235. Mores Rep. c. 918. If a Corporation Claims some Priviledges by Charter and others by Prescription and so conclude Et eo Warranto uritur it 's good in Law Mores Rep. c. 443. Amongst Franchises some are more Royal as the Franchises of Counties Palatines c. Others less Royal as Markets Fairs c. Of these some lye in doing as to make Justices of Peace to Pardon Felonies c. Some lye in having as the Goods of Felons of Fugitives Wayses Estrays Dy. Fol. 44. Plowd Com. Fol. 169. Others do lye in Discharge as Exemption from Payment of Subsidies c. Henry the Sixth by his Letters Patent 20 H. 6. Granted to Corpus Christi Colledge in Oxon that they and their Successors and their Tenants should be discharged of Payment of Toll for Pontage and Passage in every Place within England