Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	county_n	say_a	session_n	3,304	5	10.7207	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93109	Of corporations, fraternities, and guilds. Or, a discourse, wherein the learning of the law touching bodies-politique is unfolded, shewing the use and necessity of that invention, the antiquity, various kinds, order and government of the same. Necessary to be known not only of all members and dependants of such bodies; but of all the professours of our common law. With forms and presidents, of charters of corporation. / By William Shepheard, serjeant at law.	Sheppard, William, d. 1675?	1659 (1659)	Wing S3195; Thomason E1912_2; ESTC R203559	65,245	193

chosen nominated constituted And by these presents do assigne choose nominate and constitute our well-beloved R. H. Citizen of the said City to be the present principall Serjeant at Mace within our said City And F. W. and G. H. Citizens and Serjeant at Mace Inhabitants there to be the two other present Serjeants at Mace And we will and by these presents for us and our Successours do grant to Sword and Cap of Maintenance the said Mayor and Comonalty of the said City of N. and their Successors That the Mayor of the said City for the time being shall and may have a sword to be borne before him and a Cap of Maintenance in such sort as is used before any other Mayor of any of our Cityes in England And that for ever hereafter there be and shall be an Officer of the said City who shall be called Sword-bearer the Sword-bearer and to weare a Cap of Maintenance before the Mayor of the said City for the time being And we have assigned chosen nominated and constituted And by these presents do assigne choose nominate and constitute our well beloved R. F. Citizen and Inhabitant of our said City to be the first and present Sword bearer of our City And do hereby appoint that the said Officer shall have precedency of place before the Serjeants at Mace of the said City Also we will and by these presents for us and our Successors do grant to the Common Councell said Mayor and Comonalty of our said City of N. and their Successours That the Mayor Recorder Aldermen and Assistants of the said City for the time being Or the Mayor and any eight or more of the Aldermen and twelve or more of the Assistants for the time being be and shall be called the Common Councell of the said City And that they or the greater part of How called them shall or may have full power and Authority by vertue of these presents from time to time to call and hold Common Councell within the Common Counsell House of the said City And Making of Orders and Ordinances there as occasions shall be to make Lawes Orders Ordinances and Constitutions in writing and to add alter diminish or reforme them from time to time as to them shall seeme necessary and convenient not repugnant to the prerogative of Us or our Successors or to any of the St●tutes or other the Lawes of England for the good rule oversight Correction and Government of the City and Libertyes of the same And all the Officers thereof and of the severall Companyes of Merchants and other Tradesmen and of Victuallers Arrifieers and of all other the people and Inhabitants of the said City Libertyes and Precincts aforesaid and for the better preservation government and disposall of all the Lands Tenements and Hereditaments goods and Chattells of the said Corporation Which said Lawes Ordinances Orders and Constitutions shall be binding to all and every the Inhabitants of the said City Libertyes and Precincts aforesaid And further we will and grant that the said Common Councell of the said City for the time being as often as they make ordaine and Establish such Lawes Orders Ordinances and Constitutions as aforesaid shall or may make ordaine limit provide set impose and taxe reasonable Fines and Amercements against and upon all persons offending against such Lawes Orders Ordinances and Constitutions or any of them to be made ordained and establ●shed as aforesaid And the same Fines and Amercements shall or may require demand levy take and receive by Warrants under their Common S●ale to and for the use and behoofe of the Mayor and Comonalty of the said City and their Successors either by distresse and sale of the goods and Chattells of the offenders therein if such goods and Chattels may be found within the said City Libertyes and Precincts thereof rendring to such offender or offenders the overplus or by any other lawfull wayes or meanes whatsoever And we do by c. appoint and ordain the Election of the Mayor of the said City and of Election of the Officers how to be the Aldermen and Assistants of the said City that it shall be as followeth viz. And we do c. give grant full power and authority unto the Major Recorder Aldermen and Assistants of the said City of N. or any 8. or more of the Aldermen and 12 or more of the Assistants the Major and Recorder for the time being or either of them being present as aforesaid on the Wednesday before the Feast of c. yearly in the Councel-house of the said City if they shall think fit to nominate elect and choose out of the Inhabitants of the said City fit and able persons to be in the respective Offices and places of Maior Aldermen and Assistants of the said City And that such person as shall be so elected and chosen Maior as aforesaid Oath of the Maior shall on the Wednesday moneth next after the Feast of S● c. then next following in the Councel house aforesaid take his Oath before the Recorder Aldermen and Assistants for the time being or before any five or more of the Aldermen for the due execution of his Office And that the said Maior so to be chosen as aforesaid shall remain and continue in the said Office until another fit person shall be chosen and sworn in his place of Maior of the said City in manner as aforesaid Which Oath the said Recorder Aldermen and Assistants or any five or more of the Aldermen shall and may lawfully administer and have hereby power to administer unto the said Maior so elected from time to time accordingly And further we will that the Recorder c. name all the Officers and all other Officers of the said City before they or Oath of all Officers any of them shall be admitted to enter upon and execute their respective Offices shall be sworn to execute the same before the Maior or any three or more of the Aldermen of the said City for the time being And we do by these Presents c. give power and authority to the Maior of the said City for the time being or any three of the Aldermen of the said City for the time being to administer the said respective Oaths unto them accordingly And further we will and by these Presents for us c. do grant Justices of the Peace That the Maior and Recorder of the said City for the time being and five or more of the Aldermen of the said City not exceeding the number of 8 Aldermen being such as have born the Office of Maior there shall be Justices and Keepers of the Peace of us and our Successors and Justices of Oyer and Terminer of us and our Successors within the said City and the Liberties and Precincts thereof And that they or any three or more of them whereof the Maior Power to keep Sessions and Recorder of the said City for

the time being we will to be two shall and may for ever hereafter have power and authority by vertue of these Presents to hear and determine all and all manner of Petit Treasons Murders Felonies Ryots Routs Oppressions Extortions Fore-stallaries Regratories and all other Trespasses and Offences whatsoever within our said City of N. and the Liberties and Precincts aforesaid from time to time arising and happening and which shall arise or happen and any wayes belong to the Office of Justices of Peace or Oyer and Terminer and the correction and punishment of the offences aforesaid every of them according to the Laws of England and to do and execute all other things within the said City Liberties and Precincts aforesaid so fully and in as ample manner as to the Commissioners assigned and to be assigned for the keeping of the Peace within the said county of N or elsewhere in England doth or may belong And as amply and fully as any Justices of Oyer and Terminer by vertue of any Commission of Oyer and Terminer heretofore appointed or hereafter to be appointed matters of High Treason onely excepted have used to do or may do and execute And we do by these Presents for us and our Successors inhibit and forbid all and singular the Commissioners Other Iustices of the county not to intermeddle assigned and to be assigned for the keeping of the Peace and Commissioners of Oyer and Terminer of our said County of W. for the time being That they or any of them do not intermeddle with or exercise any Jurisdiction as Justices of Peace or as Justices of Oyer and Terminer for any matter or thing arising within our said City and Liberties and Precincts thereof for or concerning any offence or offences whatsoever except for High Treason onely as aforesaid And we do by these Presents will declare assign and appoint that the present Maior and Recorder of our said City herein before named and I. G. I. F. H. P. E. L. and R. P. be our present Justices of Peace of Oyer and Terminer within the said City Liberties and Precincts aforesaid And further we will That our Justices of Peace and Justices of Oyer and Terminer before named nor any 〈◊〉 them nor any other person or persons hereafter to be chosen Justice or Justices of the Peace or Justices of Oyer and Terminer within our said City and Liberties thereof do take upon him and them the execution of the Office of Justice of Peace or of Justice of Oyer and Terminer there until such person and persons shall have taken the Oath appointed or to be appointed for such Justice and Justices before the Maior and Aldermen of the said City for the time bein● and any three or more of them shall have by vertue of these Presents full power and authority to give and administer the Oath and Oaths aforesaid unto such person and persons and every of them as shall be chosen Justice or Justices of the Peace and as by vertue of these Presents shall be Justice and Justices of the Peace and Justices of Oyer and Terminer within the said City and Liberties thereof And moreover we do by these Presents for us c. will and appoint That the Justices of the Peace of our said City and the Justices of Oyer and Terminer within the said City and the Liberties thereof except the Time of choosing of Justices Maior and Recorder for the time being be yearly chosen on the aforesaid Wednesday next before the Feast of c. in the Councel-house c. by the Maior Recorder Aldermen and Assistants of the said City or by the Maior and eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being And that the aforesaid Justices of the Peace and Justices of Oyer and Terminer there for the time being and every of them so chosen and sworn as aforesaid and also the Maior and Recorder of our said City for the time being by their or any or either of their Warrants all and every person and persons for High Treason or Petit Treason or for suspition thereof and for other Felonies whatsoever and all Malefactors and Disturbers of the Peace and other Offenders for other misdemeanours who shall be apprehended within the said City or Liberties thereof shall and may send and commit or cause to be sent and committed to the Common-Goal of the said City there to remain and to be kept in safe custody by the Keeper of the said Goal or his Deputy for the time being untill such Offender and Offenders shall be lawfully Goal delivered thence And we do by these Presents for Us and our Successors charge and require the Keeper and Keepers of the said Goal for the time being and his and their Deputy and Deputies to receive Offenders where to be committed take and in safe custody to keep all and singular such person and persons so apprehended or to be apprehended and sent and committed to the said Goal by Warrant of the said Justices or any of them as aforesaid until he or they so sent and committed to the said Goal shall from thence be delivered by due course of Law And further we do by these Presents for us c. grant to the said Maior and Commonalty of our said City and their Successors that the said Maior and Commonalty and their Successors shall for ever hereafter have full power and authority by vertue of these Presents to cause a pair of Gallows to be set up within the City Liberties and Precincts aforesaid to hang Gallows Malefactors adjudged so Death within the said City according to the Laws and Statutes of England or else to cause the same malefactors adjudged to Death to be led to the Gallows erected or to be erected at F c. in the county of W. there to be hanged And we will ordain constitute and appoint by these Presents for us and our Successors That the Recorder of the said City for the time being be and shall be custos Rotulorum of our said City Custos Rotulorum And that the Maior of our said City for the time being and C. B. who is hereby nominated the present Clerk of the Statutes there have and by vertue of these Presents shall have power as formerly to take Recognizances of Debts there according to the Form of the Statute Power to take Conusance of Statutes of Merchants and the Statute of Acton Burnel And that the Maior of the said City and Clerk of the Statutes there for the time being shall by vertue of these Presents have full power and authority to do and execute all things by force of the same Statutes or either of them as doth may or ought to belong to them or either of them to do or execute And further we do for us c. will and grant by these Presents That the said Maior and Clerk of the Statutes within our said

Grant or Direction from the King to set down all the form of Government the numbers and names of their chief and other Officers and whereof their Common-Council shall be made up and what Officers and Members there shall be how chosen sworn continued and removed to this purpose That there shall be a Mayor Recorder 6 Aldermen and Common-Council That 20 be chosen out of the Inhabitants for the Common-Council That out of these the Mayor and Aldermen shall be chosen That 12 of these 20 whereof the Mayor Recorder or four of the Aldermen or any two of them to be two shall make a Common-Council to make Orders c. How and when they shall meet To appoint what Officers shall be in the whole Corporation To say that there shall be besides the Mayor Aldermen Recorder Justices of the Peace a Custos Rotulorum a Town-Clerk Clerk of the Market and Coroner Clerk of the Peace two Chamberlains a Sword-bearer two Serjeants at the Mace one Bayliff a Clerk of the Statutes two High Constables c. To appoint how Officers and Members shall be from time to time elect To name the present Mayor Recorder Aldermen Councel-men and Officers To set down what shall be done to them that refuse the Office or place being chosen How they shall be sworn continue in their place or be removed upon death or misdemeanour and others put in And so otherwise as the Government is constituted 1. All this we look upon as Observ not necessary to be inserted in the Charter for they are not of the essence for they may govern themselves without this or haply they may do it in another manner then is set down but it is providently done and the best way to insert and expresse it in such a manner and such words as is usual let them be of what force they will in Law 2. Albeit it be expressed in the Charter that the Choyce of their Mayor Bayliffs or other principal Officers shall be by the Cominalty yet if by a long usage they have chosen them by a select number of the principal of the Cominalty or of the Burgesses although no such constitution can be shewed to warrant such Election yet this Election is good Law being intended and presumed to begin by common consent Coo. 4. 77. It is usual to have inserted in Sword Cap of Maintenance c. the Charter a Power to use a Sword Maces Cap of Maintenance Arms and such like Ceremonies And it is best so to expresse it that the use thereof may be without dislike and without Question It is usual in these Charters Justices of Peace to provide for the making of Justices of the Peace and for the exercise of their power within the Corporation to this purpose Either that the Mayor Recorder and all the Aldermen or such a number of the most Ancient Aldermen shall be always so or that they be chosen by the Corporation every year And that these so chosen shall have and execute all the power of the Justices of the Peace And that such a number of them whereof the Mayor Recorder c. to be 3 or 4 be a part may hold Sessions And that other Justices shall not intermeddle there Sometimes it is added That the Corporation may not withstanding send their prisoners for the greater offences to the County-Goal and that the Sheriff shall receive them Upon which branch we observe 1. That the best way of the Observ making of the Justices of the Peace by the Charter is the first way For we cannot approve the election of Justices by the Corporation And so this power may be limited or restrained that they may or may not hear and determine greater offences c. 2. This Grant of power is Observ good and shall be taken and may be exercised in a Corporation as when it is in other men It is usual to insert a Clause That other Officers shall nor intermeddle there to prohibit the Justices of the Peace of the County to intermeddle there in any thing concerning the Office So for the Sheriff Clerk of the Market and Coroner's Office And this is usefull and sufficient to keep them out from intermeddling there It is usual to have Grants in Felons goods Fines Issues Amercements Waiffes Estrayes c. the Charters to the Corporations of all forfeited goods of Felons Fugitives and persons outlawed in Civill Actions And all Wayffs Estrayes Treasure Trove and Deodands happening in the place The Forfeitures by Fines Issues Amercements and upon penal Statutes Recognisances forfeited at any of the Courts of the Corporation or at the Assizes or Sessions of the Peace happening upon any that live within the Corporation And post-fines Upon which Clauses these things are to be known 1. This Grant may be limited Observ or enlarged more or lesse hereof may be granted as please the Prince Observ 2. The Grant is good for so much as is in it and may be taken and used by a Corporation as by any other body Observ 3. The Law in all points as to these things is the same where the things are in the hands of a Body Politick as where they are in the hands of a natural body It is usuall to have within Exemption from serving in Offices in Juries these Charters of Incorporations a Grant to them to this purpose That the Inhabitants of the same shall not be forced by Justices of Assize Oyer or Terminer or of the Peace to serve in Offices or in Juries in the County and without the Corporation c. 1. As to this for Juries This Observ priviledge may also be limited to Juries but in case of Tryall of Land lying within the Corporation or the Juries for the Lord Protector and the like 2. This Priviledg of Exemption Observ is allowed generally and it is but resonable it should be so especially where there are Jury-men enough besides 3. The Exemption from Offices Observ also may be good and unquestionable as to Offices made by the Lord Protector and the Judges and Justices that act by his Commission and is but reasonable wherein there are enough of others to serve the Offices We have seen also a Charter Exemption from payments that hath granted an Exemption to the Inhabitants of the Incorporation from the payment of Toll Piccage and the like payments in other places And as to this Clause we say That where such a payment Observ is time out of mind to be payed and this in the Lord Protector 's own hands it may exempt But if it be in another hand and granted away before to another or another hath right to it by Prescription the Charter will not Exempt It is usual also in these Charters Retorn of Writs to grant a part of the Sheriff's Office or the Retorn of Writs to the Corporation to this purpose And that the Corporation Precincts thereof be a distinct Bayliwick and