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A56214 Summary reasons, humbly tendered to the most Honourable House of Peers by some citizens and members of London, and other cities, boroughs, corporations, and ports, against the new intended Bill for governing and reforming corporations. Prynne, William, 1660-1669. 1661 (1661) Wing P4096A; ESTC R219604 5,375 1

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Offices or Honours without any legal Processe original Writ Endictment Declaration Tryal Jurie Oath of Witnesses Legal Process or Judgement at their mere Arbitrary discretion An Injustice Arbitrary proceeding and tyranny oft provided against and condemned by all former English Parliaments therefore not to be approved or countenanced in the least degree by this Parliament and your Lordships who so much condemne the late arbitrary powers proceedings of Sequestrators Decimators and Committee-men during our Warrs and sad confusions which these Proceedings not onely imitate but exceed in some degree being without oath or legal accusation 8ly The Commissioners appointed by this Act as th●y have a more absolute arbitrary boundlesse power to displace all Magistrates Officers Members of Cities Boroughs Ports and Corporations without any distinction of persons or rules of Law then was ever granted to any sort of Judges Justices or Commissioners in former ages so they have no Oath at all prescribed to them before they Act to prevent the Abuses and Extravagancies which may happen in the Execution thereof as all other Iudges Iustices Sheriffs Ministers and Officers of Justice Commissioners of the Peace of Sewers Forts Castles Pollicies of Assurance c. have alwayes had by Acts of Parliament erecting them to this effect That to your Cunning Wit and Power you shall truly and indifferently execue the Authority to you given by this Commission without any Favour Corrupti●n Dread or Malice to be borne to any manner of Person or Persons and as Occasion shall require for your part you shall endeavour to make such wholesome just equal and indifferent Iudgements and Decrees as shall be devised by the most discreet and indifferent number of your Fellows being in Commission with you for the due Redresse Reformation and Amendment of all and every such things as are contained in the said Commission and the same to your Cunning Wit and Power cause to be put in due Execution without favour meed dread malice or affections as God you help which Oath will be far more requisite in this Case then any other to prevent all Corruption Malice Rancor and Revenge in Commissioners and Informers after our many years Wars Discords and Resen●ments of former injuries not yet buried in Oblivion over-apt to be remembred upon all occasions 9ly There is no appeal provided in this Act from any five of the Commissioners sentence and removal of any Magistrate Officer or Member aforesaid though never so injurious either to the Major part of the Commissioners of each County or to the Justices of the peace in their quarter-Quarter-Sessions Judges of Assize Kings Bench or other his Majesties Courts at Westminster or to the Lord Chancellour of England or Lords in Parliament as is usual in all Cases of Dis-franchisement other Judgements ●nd Decrees made by Commissioners and all inferiour Courts of Justice If any erronious Judgement or Dis-franchisement be given in any Corporation or inferiour Court the party grieved is relievable by a Writ of Error in the Kings Courts at Westminster and erronious Judgements in the Kings own Courts there are remediable in the Exchequer Chamber and Lords House by Writ of Error or Appeal All erronious Acts and unjust Judgements in one Parliament are reversable in another because all Commissioners Courts Judges Parliaments too may erre and it is most just and reasonable that parties injured by one Judicature should be righted and relieved by another not left remedilesse Much more therefore in this Case where the proceedings are meerly arbitrary without any Rules of Law to which other Judicatures are confined 10ly It gives the Commissioners power to destroy all the Cities Burroughs Corporations Ports of England and Wales and their respective Charters under pretext of confirming them For the Commissioners or any five of them may put out and displace all or so many of their Magistrates Aldermen Common-counsell men and Members at their discretion if they please as there will not be left a Competent number to elect others in their places according to their Charters whereby the Corporations and their Charters will be destroyed and their Election of Members to serve in Parliament together with them A thing of dangerous consequence extremely prejudicial to his Majestie and the Kingdom and destructive to his Majesties Customes and Excise arising principally out of Corporations and their Members 11ly It puts all Corporations and their Magistrates Officers Ministers Members into a far worse Condition in some respects then if no Act of Oblivion and Indempnity had been passed by his Majestie and the Parliament For if they had been questioned for any offence for which they shall now be Displaced Dis-franchised either by a Quo Warranto Indictment or Proceedings in any Court of Justice they should have had a Legal Tryal by their Peers a Liberty to Challenge their Juries who are Judges of the matter of Fact charged against them the benefit and advice of Counsell all just and legal Exceptions to their Indictments Presentments Declarations and Witnesses produced against them upon Oath face to face with the benefit of their own Witnesses upon Oath for th●ir Vindication and Acquittal of all which they are totally deprived by this Act and left only to the Commissioners arbitrary discretion and mercy without any legal defence of their Innocence and Loyalty too 12ly The passing of this Act as it is altogether needlesse in respect of its restoring part since all Magistrates Officers and Members of Corporations formerly ejected for their Loyalty are already restored or may be restored upon request or by a Writ of Restitution in the Kings Bench without the help of this Act so the removing part must needs revive the memory and Examination of former injuries and stir up new Divisions Contentions Factions and Parties both between the Commissioners themselves and the Magistrates Officers and Members of every City Burrough Corporation and Port dividing them one from and against each other to the great disturbance of the Publique Peace their own raine the diminution of his Majesties Revenew decay of Trade obstruction of the Free voluntary Supply now granted to his Majesty and frustration of those pious gracious healing uniting ends expressed in the Act of Indempnity and Oblivion At the best it will prove a remedy far worse than any disease it pretends to cure and this one President of meer Arbitrary power and proceedings made by a Parliament of England against the Franchises Liberties Freeholds Privileges of all Cities Burroughs Ports and Corporations in England and Wales and their Magistrates Officers Members may in after ages prove fatal and destructive to the Inheritances Franchises and Freeholds of all the Nobility Gentry and other Freemen of England who may be deprived of them by like Arbitrary Commissioners and Proceedings without any legal Tryal or Conviction if they consent to this new Bill and to the Promoters of it against their Oathes and Trusts to the Cities Burroughs Corporations Ports who made them Freemen and entrusted them to maintain their Liberties and Common Utility by their best Counsell and Advice especially in Parliament All which we humbly submit to your Lordships grave and prudent Considerations for our own and the King and Kingdoms publique benefit safety and tranquillity not doubting of your Iustice nor of his Majesties grace and goodnesse for our relief in all the premisses against this Bill so fatal to all our Cities Burroughs Corporations Charters Liberties Tranquillity Vnity and Prosperity a Sir Edward Cooks Preface to his 2. Institutes b Cookes 2. Institutes on Mag. char c. 9. c Tottles Magna Charta Juramentum Regis quando Coronatur cl 1 R. 2. m. 44. 1 H. 4. Rot. Parl. numero 70. The Form of the Kings Coronation d Ch. 29. Cooks 2. Institutes e 1 E. 3. Stat. 2. c. 5. H. 1. f 29 H. 8. c. 9. g Cooks 2. Instit on Magna Charta c. 29. Cooks 11. Rep. f. 99. h Rastal Justices in Eyre cap. 4.18 20 Ed. 3. Rastal Justices 2.23 H. 8. c. 6.32 H. 5. c. 46.27 Eliz. c. 12. h Rastal Justices in Eyre cap. 4.18 20 Ed. 3. Rastal Justices 2.23 H. 8. c. 6.32 H. 5. c. 46.27 Eliz. c. 12. i 23 H. 8 c. 5.2 3 Phil. Mar. c. 1.43 Eliz. c. 12. k 43 Eliz. c. 4.24 H. 8. c. 12. Brook Error Baggs Case Cook 11 Report f. 94 98 99. * 20 H. 6 7 8.3 H. 6.23 Brook Corporation 78. Extinguishment c. 30. l Cook 11. Rep. f. 98 99. m Mat. 12.25