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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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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
First for the King sent to the Free-holders to lend to him Money Huttons rep fo Veritas convitii non excusat convitiantem a poena Penry for publishing Scandalous Libels against the Church-Government was Indicted Arraigned Attainted and Executed P. 35. Eliz. inter Placita Goronoe in Banco Regis New Book of Entries fo 252. Williams a Papist and Barrister at Law Indicted of High-Treason for writing two Books the one called Balaams Ass and the other called Speculum Regale because he affirmed the King should dye before 1621. and for saying that England was the Habitation of Devils and that it is the abomination of desolation By all the Judges it was high-High-Treason at Common-Law for these words import the End and the Destruction of the King and his Nations and that false Religion is there maintained which is a motive to the people to Rebellion And although the Book was enclosed in a Box sealed up and conveyed secretly to the King and never published yet he was Attainted for High-Treason and Executed at Charing Cross P. 17. Williams of Essex Case Rolls rep part 2. f. 89. In the time of Henry the Eighth upon the Dissolution of the Monasleries there was a great Rebellion in the North of England the Dean of Windsor being told of it said The King had brought his Hogs to a fair Market and a Parson hearing of it said Principibus obsta serò medicina paratur because the words of the Dean had an ill Reflection upon the Government and of his Majesties Management of the Affairs of State they were both Indicted of High-Treason for speaking the words and were found guilty and the Dean was attainted of High-Treason but the Parson because he was so ignorant as many times Ignorance is the best Sanctuary that he did not know the difference between Principiis and Principibus he was Reprieved and obtained his pardon of the King Every Libel against a private person deserves severe punishment for it incites all of the Family Kindred and Society to revenge and tends to Quarrels Verba movent litem lis vulnera vulnera Mortem against a Subordinate Magistrate it 's a greater offence because it scandalizes the Government for Injuria crescit decrescit secundum dignitatem personoe But against the King who is the Supream Head of the Common-wealth Pater Patrioe it 's a Crime of the first Magnitude And how fatal and pernicious the publishing of Scandals and Libels have been to the Kings of England and to their good Subjects this Nation is very sensible 7 E. 1. the King sent Commissions to all the Counties of England to enquire de Spersoribus Rumorum and 25 E. 1. Declaratio Regis missa fuit ad omnes Comitatus Angliae de Rege purgando de certis rumoribus iniquis contra ipsum ortis c. Rot. Parl. 7 E. 1. M. 13. Rot. Patent 25 E. 1. pars 2. M. 7. A Declaration of the King was sent to all the Counties of England to purge him of certain false and unjust Rumours and Scandals raised against him Rex mandavit Majori Vicecomit London Quod facta inquisitione de spars●ribus rumorum Seditionem in Civitate ipsas caperent in Prisona de Newgate detinerent 20 E. 3. pars 1. M. 18. 26. The King Commands the Major and Sheriffs of London that they make diligent inquisition of the spreaders of False Reports and Sedition in the City and that they should seize upon them and keep them in the prison of Newgate As for the Petition imprinted and published by the Major Aldermen and Citizens I hope it was acted by many of them out of a principle of Piety and Loyalty but must needs be looked upon as an action of no great discretion in them to say no worse for to make such ill reflections upon his Majesty when the King by his Oath is bound to do Justice and Nulli Negavimus is one of his Royal Attributes Ob. But it hath been said That no acts bind beyond the Corporation but such as are done under their common Seal therefore they cannot present a Clerk to a Living but by Deed sub Communi Sigillo 13 H. 8.12 nor make a Surrender 33 H. 6.17 34 H. 6.21 nor assign Auditors 4 H. 7.17 7 H. 7.9 Et hujusmodi so their Laws and Constitutions made in their Common Council do not bind because they are not under their Common Seal Answ Excellent Logick he must be a rare Chymist that can Extract such a Consequence from the Premisses The Common Council of the City is a Parliament of the City the Mayor is the King the Aldermen the Peers the Commonalty the Commons and what they there Enact and Ordain is upon Record Jones Rep. Fol. 540. Therefore those Constitutions and Ordinances by them there made being Enacted in a Court of Record if not Warrantable make the more against them and what is then by them Enacted is of greater Force and Puissance than if it had been under their Common Seal If they appoint an Attorney at Law or Bayliff in their Common Council they may justifie any Act which doth belong to their Office Sans monstrans de fait c. for it 's to the Use of the Corporation 12 H. 7.25 26. They certifie their New Mayor Yearly in the Exchequer because it 's entred on Record 13 H. 8.22 vide lib. 10. l' Guardians 8. S. Saviours Case 14 H. 8.29 12 E. 4.9 10. IV. If the Mayor Commonalty and Citizens have done any Act in their Common Council whereby to Forfeit their Corporation and Franchises Where a Franchise is absolute and entire and hath no dependence on another Franchise then if any incident to it be Forfeited the whole Franchise is Forfeited 22 Ass 34. Palmers Rep. Fol. 82. en l'Case d' Corporation d'Maydenhead But the Corporation of London is a Franchise Court d'Entries Fol. 527. Palmers Rep. Fol. 82. absolute and entire and hath no dependance on another Franchise therefore the Forfeiture of any incident to the Corporation of London is a Forfeiture of the Corporation To make Laws and Ordinances for the well Government of the Corporation is incident to every Corporation Hob. Rep. Fol. 211. But the Corporation of London hath abused and mis-used this Power therefore they have Forfeited their Power to make Laws and Ordinances which is incident to their Corporation therefore they have Forfeited their Corporation the abuse of the Court of Pye-Powders being incident to a Fair is a Forfeiture of the Fair 7 H. 4.44 otherwise of Toll because it 's not incident to the Fair or Market Palmer Ibid. Object There is a Stat. 7 R. 2. That the Citizens of London shall enjoy all their whole Liberties whatsoever with this clause Licet usi non fuerint vel abusi fuerint and notwithstanding any Statute to the contrary 7 R. 2. n. 37. Answ This is no Act of Parliament but an Act of Grace of the King in Parliament For no assent of the Lords