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
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 Stâ—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 establâ—shed as aforesaid And the same Fines and Amercements shall or may require demand levy take and receive by Warrants under their Common Sâ—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 Sâ— 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
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
Strangers also a saving to strangers of all their Right and Title And that no prejudice be done to them by this Charter And this is a good clause to be inserted to declare the Lord Protectors mind and the true meaning of both sides And it is also usuall to add a clause to this purpose That the Incorporation shall Not to wast or misimploy any thing given to Pious or Charitable uses not do any thing nor the Charter be construed to give power to do any ought whereby any thing given in the place to pious or charitable uses may be wasted or misimployed against the mind of the Founders But that the Charter be construed in advancements of Religion Justice the publick good and to suppresse the contrary This clause also albeit it may Observ be of little operation in Law yet is fit to be put in for the reasons aforesaid Such clauses as these are in Not to use a Trade not being Aprentice c. some Charters That none shall use the Trade not having been Apprentice nor be Apprentice for lesse then seven yeares nor keep away anothers Apprentice from him nor get away anothers work and Customers by sinister meanes under paine of five pound As to these kinds of clauses of Observ Trussell Norris his case 15 Iac. 10. B. prohibitions to forbid unlawfull things it is not amisse to insert such but the paine cannot be imposed nor can any such summe be so imposed by the Charter It is usuall in these Charters to insert such clauses of Restraint prohibitions as these That no Apprentice after he Prohibition to use Trade hath served his time in the place shall keep shop or set up his Trade take an Apprentice or keep a Journy-man or work as a Journey-man or that no Forrainer shall set up his Trade there or that he shall not set up his Trade without Licence and admittance of the Mayor or Guardians and Societie of the Trade or till he pay such a sum of money Or that a Forrainer shall pay Impositions of payment of money where none was before five pound to the heads of the Corporation before he use his Trade and the like And these the Law doth adjudge to be void So also such clauses of Charters as Coo. 11. 53. put upon the subject any illegall Imposition or charge As thus That every one that comes over a bridge there pay a small sum towards the repaire of it or the like and such like restraints or impositions that are against the common Liberty of the Subject all these generally are voyd in Law Stat. 19 H. 7. chap. 2. 22 H. 8. chap. 4. 25 H. 8. chap. 5. So clauses of Charters that restraine a man from that liberey which the Law gives him or that give a man power to do that which the Law forbids him It is held therefore that the Lord Protector cannot by his Charter make a man Free of a City that is not free by the Law and Custome of the place So Charters that have Clauses to give power to imprison mens bodies set great Fines sell mens goods as forfeit for breaking any Charge of the Charter or any Ordinance of the Corporation All these and such like clauses inserted into Charters of Corporations are held by Law to be void So Charters that give power To pardon Felonies make Justices c. to make Justices of Peace or of Oyer and Terminer pardon Felonies and the like These are all illegall and voyd For they are royall Franchises inseparable from the person of the Lord Protector So if he grant any thing to the Corporation that he himself hath not it is void all such Clauses are void therefore not to beinserted in Charters And so generally any thing that being put into an Order or By-law made by a Corporation will be against Law and void the same thing being exprest by way of Prohibition in the Charter will be of as little force and use All these and such like things therefore are warily to be avoided And yet perhaps some of them may be of use to be inserted in a Charter and may be used so as to help forward the berter Government of the Corporation and be no oppression or prejudice to the people of the place SECT VIII What Ordinances a Corporation may make IT is usuall to put into the Charter a power to make Lawes and Ordinances to this purpose And we further grant to them To make Ordinances That the said Mayor and Cominalty may lawfully as occasion shall be and need shall require assemble themselves together and make such wholsom and good Lawes and Ordinances for the better Government Oversight and Correction of the same City and the people thereof and to adde alter diminish or reform them as to them shall seem good and be thought meet So as they be not repugnant to the Lawes of the Nation against the publick and common good of the people within or without the same City Upon which Clause we observe these things 1. That this Clause of giving Observ power to make By-laws is not necessary to be inserted in the Charter For by the very Act of Incorporating this power is given 2. The Clause of addition Observ that they may not make Ordinances repugnant to the Lawes c. is idle and to no purpose For the Law doth understand that and it is included and such By-lawes made by a Corporation are void by the very Common-Law But for the further clearing of this Point these things are to be known 1. It is provided by an Act of Parliament 19 H. 7. chap. 7. That no Masters Wardens and Fellowships of Crafts or mysteries Or Rulers of Guylds or Fraternities shall make and put in ure any Order or Ordinance by them made in diminution of the King's Prerogative or against the Common profit of the people not confirmed by the Lord Chancellour Lord Treasurer Loras Chief Iustices of the two Benches or three of them or by the two Judges of Assize of the County where the same Corporation is under paâ— of 40 l. For the understanding whereof these things are to be known 1. That an Order or By-law made by a Corporation not against the Prerogative of the Lord Protector or profit of the people is good without any such Confirmation 2. That all By-laws by them made against the Liberty and Freedom of the People as to forbid or Restrain Trade Impose Taxes or Burdens of payment on the people where the Law doth not impose them to bind a man's Inheritance to restrain men from suing in what Court they please or to enhance the prizes of Commodities to the hurt of the publick and private advantage of the place are void Nor can they annex to a good Ordinance a penalty of Imprisonment or Forfeiture of goods bought or sold 3. No Clause in the Charter to this purpose can help or make such an Ordinance good Nor will any
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
more of the Aldermen of the said City for the time being who are here by authorized to administer the same Oath in that behalf And we do likewise by these Presents for us and our Successors grant unto the said Maior and Commonalty of the said City of N. and their Successors That the Maior Aldermen and Assistants of the said City for the time being or the Maior and eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being shall have power and authority by vertue of these Presents at their pleasure to remove the Recorder of the said City for the time being from his said place or Office of Recorder there and in case of such removal or in case of the death of the Recorder of the said City for the time being to choose and elect another fit person learned in the Laws of England to be Recorder there and so to continue during pleasure as aforesaid And further That the Maior Recorder Aldermen and Assistants of the said City for the time being or the Maior and eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being shall have power from time to time by vertue of these Presents to remove any one of the Justices of the Peace within the said City for the time being other then the Maior or Recorder there for the time being from the Office of Justices of the Peace there for misbehaviour or other just or reasonable cause and in case of removal or in case of the death of any of the Justices of the Peace there in convenient time to make choice of and nominate and elect one or more of the Aldermen of the said City who hath or have born the Office of Maior there to be a Justice or Justices of the Peace within the said City in the place of such Justice or Justices of the Peace so removed or dead as aforesaid And further we do by these Presents for us c. grant unto the said Maior and Commonalty of our said City of N. and their Successors Tha if any Alderman or Aldermen of the said City shall at any time hereafter misdemean him or themselves in the execution of his or their places of Aldermen there it shall be lawful to and for the Maior Aldermen and Assistants of the City for the time being or the Maior and any eight or more of the said Aldermen and twelve or more of the Assistants of the said City for the time being in such case to remove such Alderman or Aldermen so misdemeaning him or themselves from holding or exercising such place or places of Alderman or Aldermen of the said city and in such case of removal or in case of death of any of the Aldermen of the said city in conventent time to choose other fit person or persons to be Alderman or Aldermen of the said City in the place or places of him or them so removed or dead And if any of the Assistants of the said City Bayliffe Coroner Town-Clerk Clerk of the Peace Clerk of the Market Clerk of the Court of Pleas and other Courts aforesaid Clerk of the Statutes Chamberlaines high-Constables Sword bearer sub-Constables Serjeants at the Mace for the time being or any of them shall mis-behave him or themselves by neglect or otherwise in the execution of their or any of their respective place or places Then and in such case if shall and may be lawfull to and for 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 of the said City for the time being by vertue of these presents to remove him or them from his and their place or places for such his or their mis-behaviour and neglect therein And in case of removall or of the death of any person or persons in such office or offices as aforesaid in convenient time to choose other fit person or persons to be in the place or places of him or them so dead or removed Refusers of Offices to be sined And also we will by these presents for us c. do grant to the said Mayor and Comonalty of our said City of N. and their Successors that if any of the Citizens of the said City or Inhabitants within the Libertyes and Precincts thereof that shall hereafter be elected nominated and chosen to the office of Mayor Justice of Peace Aldermen Assistants Bayliffe or Chamberlaine of the said City as aforesaid and having notice of his or their said Election shall refuse or deny to take upon him or them and to execute that office to which he or they shall be so chosen and nominated That then and so often it shall and may be lawfull for the Mayor Recorder Aldermen and Assistants of the said City for the time being Or the Mayor or any eight of the Aldermen and twelve or more of the Assistants of the said City for the time being to Tax Assesse and impose upon such person or persons so refusing or denying such reasonable and moderate Fines and summes of money as to their discretions shall be thought most fit So as the said Fine Penalty or summe for refusing or denying to hold and execute the office of Mayor of the said City do not exceed the summe of 100. l. And the fine for refusing or denying to hold and execute the place of an Alderman do not exceed 40. l. And the fine c. of an Assistant 20. l. And so as the fine for refusing or denying to hold and execute the respective places of Bayliffe or Chamberlaine of the said City do not exceed 10. l. And we do by these presents for us c. authorize 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 there for the time being to frustate and make voyd the election of such person or persons so refusing or denying as aforesaid And then and in such case and cases any other fit and able persons Citizen or Citizens of the said City or Inhabiting within the Libertyes and Precincts thereof in convenient time to elect a new to execute such office or offices so denyed or refused to be excuted as aforesaid And that if it shall happen that such person or persons so to be elected a new shall refuse or deny to take upon him or them any of the said Office or Offices unto which he or they shall be chosen and elected as aforesaid then and in such case the said Mayor Recorder Aldermen and Assistants of the said City for the time being Or the said Mayor and eight or more of the Aldermen and 12. or more of the Assistants shall and may set and impose upon him or them so denying or refusing such and the like
Body Politick and Corporate in Law to all intents and purposes And shall have perpetual succession And shall be called by the name of the President and Society for the Propagation of the Gospel in New-England And so had power to buy sell take and give sue and be sued make Ordinances c. See the Act at large If the Lo. p. at this day make a grant by Charter of Lands to the honest men of the Village of Islington without saying To Have and To Hold to them their heirs and successours yielding Rent This is a good Corporation whilest it doth continue and untill it be as it may be dissolved by the Lord Protector Dyer 100. It is said If the King had granted to the Cominalty of Islington that they should be an Incorporation of a Mayor and Bayliffs the which they shall have power to choose one That this is good not withstanding that the Election of the Mayor be future Coo. 10. 27. Out of all which we observe Observations 1. That an Incorporation may be made with few words and that there is no certain form of words for it That it may be made absolute and perfect at the first or with Reference to some what after to be done to perfect it This only is of the Substance and must be expressed or strongly implyed by the words That the Lo Protector doth give leave to make such a Corporation That in such a place certain such a house shall be built for such a use and such a Government and Governours shall be of and in it And those persons shall be a Corporation to continue for ever by such a name 2. Sometimes the King himself did expresse the words design the place appoint the number and gift and name all in the Charter so that it is a compleat Corporation and nothing is left for the Founder or Donor but to make an Endowment of Lands And sometimes the King by his Charter reserves as well the nomination of the persons as the name of the Incorporation to the Founder And then when he hath declared it in writing according to his authority then are they Incorporate by the Letters Patents of the King as if it had been all put into the Letters Patents But we shall look over the whole Charter and observe somewhat in general upon it and then name the particular heads thereof and make some few Observations on each of them SECT VII The Charter for Corporations divided into parts and opened THe most of all our Corporations have been as we have shewed made by the Kings and Queens of England and none can be created now but by Act of Parliament and the Lord Protector 's Charter or Letters Patents And so he may make what Corporations he please This being the common way of erecting of them we shall look a little upon these Charters and the form of words commonly used in them by which Corporations are erected And herein we shall say a word in general to them and then we shall look over some of the peeces of them and lay down the effect of all the passages and peeces thereof And thereupon we shall make some few Observations or Collections for the better understanding of the Law therein 1. As to these Charters or Letters Patents for Corporations in the general these things are to be known 1. That in these Charters there are some things necessary in Law and that may not be left out And other things not necessary but are declaratory or explanatory and are inserted onely in point of discretion and for conveniency So the Clauses to buy and sell sue and be sued have and use a Common Seal to restrain alienation or demise of the Land belonging to the Corporation That the Survivors shall be Incorporate That if the Revenues increase they shall be imployed to the publique use of the Corporation To be visited by the Governours To make Ordinances That the Ordinary shall not visite it License to purchase in Mortmain and some general Clauses and Provisoes The Corporation is well made without all this 2. There are also usually granted together with the making of these Corporations and in the same divers Franchises and other things as Felon's goods and of fugitives and persons out-lawed in Civil Actions The Forfeitures by penal Statutes Recognizances Hundreds Courts and Conusance of pleas Fairs Markets Wayfs Estrayes Treasure Trove Deodands Exemptions from serving in Offices Juries payment of Toll Picage c. The Assise of Bread and Beer Pillory and Tumbrell The Office of the Justice of the Peace Coroner Clerk of the Market and a great part of the Sheriff's Office and the like These things have no dependance or are they at all incident to Corporations but commonly granted to them when they are erected 3. There are some things often inserted in these Charters that are unlawfull as to make Ordinances to imprison men or to forfeit goods upon disobedience or to restrain the liberty of Trade and such clauses as restrain the Corporation from having of that which is incident to it and the like Our Observations upon these Charters in the generall are such as these 1. That all these Charters have the most favourable interpretation in Law that can be And they shall be taken strongly against the Lo. Pr. and to advance the Work intended by it 2. That the draught now generally used in the making of these Charters is the best and safest Notwithstanding there is in it much more then is absolutely necessary to the erecting of the Corporations And therefore we advise all men that are to sue out Letters Patents herein to follow that president We will now look over the several Parts Heads and Clauses of the Charter and make observations upon them apart The Charter alwayes made The Title of the Supream Magistrate by the Supream Magistrate it doth begin with his Name Title c. after this manner Oliver Lord Protector c. And this may not be omitted Then it is usual if it be a Corporation Recitals before and not newly created And they can find any Record of Letters Patents for it They alwayes use to recite these Letters Patents and make a Confirmation of them in the New Charter Or if they can find no Record for it but de facto they have a Corporation and hold it by Prescription then they use to recite what it is and what they have and take and have a Confirmation thereof by the New Letters Pattents And this is the best and safest way to do it And this is the Authority by which it is erected After this there doth usually follow the main part of the Charter in the setting down of the Persons to be Incorporate Name place and words of Incorporation The persons to be Incorporated the name and place of Incorporation and the words whereby the Incorporation of the persons and place is made are usually to this effect as it followeth Now know yee That We our
City for the time being may have one Seal such as they from time to time shall think fit to make use of And that the said Seal shall be of two pieces of which the one part shall be called the greater and shall remain with the said Maior for the time being and the other part shall be called the lesser and shall remain with the Clerk of the Statutes for the time being to seal such Statutes Merchants or Recognizances in the nature of Statutes Merchant hereafter to be acknowledged before them or Certificates as well of any such Statutes or Recognizances heretofore acknowledged as of such Statutes or Recognizances hereafter to be acknowledged within the said City according to the Statutes aforesaid and either of them And we will that the said Clerk of the Statutes for the time being do write and inroll the said Statutes Merchant or Recognizances aforesaid so to be taken and shall do all other things expedient and belonging to the said Office And we do likewise by these Presents for Us Naming a Clerk of the Statutes c. will and grant that the Maior Recorder Aldermen and Assistants of our said City for the time being and the Maior Recorder or any eight or more of the Aldermen and twelve or more of the Assistants for the time being shall upon the Death or Removal of the said Clerk of the Statutes for the time being have full power and authority by vertue of these Presents at their will and pleasure and within convenient time to choose one other fit person to be the Clarke for the taking of such Statutes or Recognizances of debts within the said City as aforesaid And also from time to time to choose such Town-Clerk Clerk of the Peace Clerk of the Court of Pleas. person or persons as they shall think fit to be Towne-Clerke Clerke of the Peace Cerke of the Court of Pleas and to be Clerke and Clarkes of the other Court and Courts to be holden within the City and the Libertyes and Precincts thereof when and as often as the said severall places shall happen to be void And we do by these presents Constitute and oppoint our well-beloved I G. gent to be the The present Ttown Clerk and Clerk of the Peace c. present Town-Clarke Clarke of the Peace Clerk of the Court of Pleas and Clerk of the other Court and Courts to be holden within our said City and the Libertyes and Precincts thereof And further we do by these presents for us and our Successors require and straightly charge and command That the Bayliffes of the said City the Town-Clerke Clerk of the Peace the High-Constables Sword bearer sub-Constable and Serjeant at Mace within our said City for the time being and every of them respectively joyntly and severally as cause shall require shall attend upon the Mayor Recorder Aldermen and Justices of the Peace of the said City for the time being and every or any of them according to the duty of their respective places in and about the executing of such the Commands Precepts Warrants and Processe of them and every of them as belongeth and appertaineth to be done or executed And further we will c. That the Mayor of our said City for the time being and no other Clerk of the Market be and forever shall be Clerk of the Market within the City aforesaid the Libertyes and Precincts thereof And that he and no other shall and may forever do execute and perform all and singular Acts Deeds and things whatsoever belonging to the Office of the Clerk of the Market within the City aforesaid the Libertyes and Precincts thereof to be done executed and performed And that the Mayor of the said City aforesaid for the time being and no other person or persons shall or may have Assise or Assay of Bread Wine and Beere and of all Coale Wood and of other things to the Office of the Clerk of the Market belonging or concerning as well in the presence as in the absence of us and our Successors Also we Will for us c. And grant to the Coroner Mayor and Comonalty of our said City of N. That the Mayor of our said City for the time being and his Successors during the time that they shall remaine in the said Office of Mayor of the said City for the time being and no other be or shall be the Coroner of us and our Successors within the City aforesaid the Libertyes and Precincts thereof And that he and no other shall do execute and cause to be done and executed within the City aforesaid Libertyes and Precincts thereof all and singular matters and things to the said office of Coroner belonging there to be done And that the said Maior of the said City for the time being shall take his Corporal Oath before the Recorder and any three or more of the Aldermen c. well and duly to execute the said Offices of Clerk of the Market and Coroner of the said City before he take upon him the execution of either of the said Offices Deposing of Officers for Misbehaviour And in case the Maior of our said City for the time being shall during the time of his Mayrolty misbehave himself in that Office We do by these Presents for us c. will and declare that it shall and may be lawful to and for the Recorder Aldermen and Assistants or for eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being to remove such Maior from his said Office of Mayoralty for misgovernment or misbehaviour therein And in such case or in case of Death of the Maior of the said City for the time being in the time of his Mayoralty We will that within four days or other convenient time next after such removal or death the Recorder Aldermen and Assistants or eight or more of the Aldermen and twelve or more of the Assistants of the said City for the time being do choose another fit and discreet person in the place of him so dead or removed to be Maior of the said City and left there should be a Failer of Justice or Government in our said City in such Interval We do for us and our Successors will that the senior or eldest Alderman of the said City for the time being shall take upon him the place and Office of the Maior there and shall exercise the same until another fit person shall be chosen as aforesaid and in case of the disability of such eldest Alderman that then the next Alderman in seniority to him shall take upon him the said place and Office of Maior of the said City and Liberties thereof and shall exercise the same as aforesaid and that such senior or eldest Alderman or such Alderman next in seniority of place to him shall be immediately after the Death or Removal of the former Maior sworn to execute the same accordingly before three or