and granted or mentioned to be given and granted to the Citizens and Inhabitants of our said City sometimes by the Names of the Citizens of the City of N. Sometimes by the Name of the Maior and Citizens of N. Sometimes by the Name of the Maior Bayliffs and Commonalty of the city of N. Sometimes by the Name of the Maior and Commonalty of N. Sometimes by the Name of Maior Aldermen and Commonalty of the city of N. And by divers other Names as by their several Letters Patents Charters Grants Writings and Muniments amongst other things may more fully appear And whereas since the taking away of Arch-Bishops Bishops Deans Deans and Chapters by Authority of Parliament the Maior and Commonalty of our said city of N. by the name of Maior and Commonalty of Our said city have at their great charge purchased to them and their Successors amongst other things a Tenement within the same city commonly called Guild-Hall together with the Prison and Prison-house there being Guild-hall Prison part of the said Guild-Hall with their Apâ—urtenances late parcel of the possessions of and belonging and appertaining to the late Bishops of N. And also all Wastes lying and being within the said câ—ty and all Fairs and Markets usually holden and taken and kept within the said City and the benefits and profits Commodityes and advantages thereof And all and Courts all manner of Courts Court-Leeres views of Frankpledge and whatsoever thereunto belongeth Courts-Baron and Courts of Pleas and all other Courts usually holden and kept within the said City And all Fines Issues and Amercements as well at the said Courts and every of them as at the Assises and Sessions of the Peace Fines Issue Amercements holden and to be holden for the County of W. and payable or happening from time to time to be payable by any of the Inhabitants of the said City and the Power and Priviledge to hold and keep the aforesaid Courts and every of them from time to time And to Award and Issue the accustomed Writs and Process to be awarded out of the said Courts which should from thenceforth beare Teste in the name of the Major of the said City for the time being and the said Courts to be kept by the said Major or Recorder or by the Steward or Bay liffe of the said Major and Commonality and their Successors for the time being and such other Officers of the said Mayor and Commonality and their Successors for ever to be from time to time attendant upon the said Courts to serve and execute the Writs and Process and other matters and things in the said Courts as were usually attendant upon the said Courts in the time of the said late Bishops of N. And power to distraine Distresse for all Rents and summes of money payable by reason of the said premisses and all other remedyes and meanes for the having receiving levying and enjoying the said premisses and every part thereof And also all Waives Estrayes Deodands and goods of Felons happening and Waives Estrayes c. being within the same City And all summe and summes of money to be paid as a Post-Fine or Post-Fines upon any Fine or Fines from time to time to be levied of any Lands or Tenements Post-Fines within the same City And all Lands Tenements Mills Meadowes Rents Courts Faires Markets Royalties Services Annuityes Libertyes Franchises Priviledges Immunityes and other possessions and Hereditaments whatsoever of what nature or condition whatsoever scituating lying and being happening arising or comming The Bishops Lands within the said City of N. and the Libertyes thereof which at any time within 10 years before the beginning of the Parliament begun the third day of November 1640 were belonging to the late Bishop of N. or his Predecessors late Bishops of N. or his Assignes as parcell of the possessions of the late Bishoprick of N. As by their deed of Purchase thereof bearing date the 17th day of November 1647. and in the 23. yeare of the Raign of the late King Charles and inrolled of Record in our Chancery at Westminster in our County of Middlesex may more fully appeare All and every which premisses in the said Deed of Purchase specified were amongst other things by the said late King Charles by and with the advice of the Parliament of England then sitting at Westminster aforesaid confirmed to the said Mayor and Comonalty of our said City of N. and their Successors by the Letters Pattents of the said late King Charles under the great seale of England bearing date at Westminster the 19th day of Ianuary in the 24. yeare of his Raign as by the said Letters Pattents remaining also of Record in our said Court of Chancery relation being thereunto had may more fully appeare And whereas the now Mayor and Comonalty of our said City of N. have humbly besought us to be gratiously pleased to grant ratifie and confirme unto them and their Successors all and singular the aforesaid premisses and all and every the Libertyes Priviledges Franchises Rights Royaltyes Free-Customes Jurisdictions Preheminencies advantages emoluments and Immunityes Lands Tenements and Hereditaments aforesaid and all and every other like Libertyes Priviledges Franchises Rights Royalties Free-Customes Jurisdictions Preheminences Advantages Emoluments and Immunityes whatsoever heretofore granted or mentioned to be granted to the said Mayor and Comonalty or to the Citizens of the City by their severall names of Incorporation or any of them or otherwise howsoever or to the late Bishop or Bishops of N. within the said City or with any Circuit of ground in or adjoyning to the said City called the close of N. and which have heretofore been lawfully enjoyed by them or either or any of them respectively by Prescription or grant or any other Title whatsoever with alterations additions and Explanations as we should think fit And further that the said close of N. might be united and annexed to the said City and be subject to the same Government of the same City And that the said Mayor and Comonalty and their Successors may hold exercise and enjoy such and the same Libertyes Priviledges Franchises Rights Royaltyes Free Customes Jurisdictions Immunityes within the said Close as they have or ought to have within the said City Know ye therefore that we at the humble Petition of the now Mayor and Commonality of The new Grant our said City of N. and for divers other good causes and Considerations Us hereunto moving and of our speciall Grace certaine knowledge and meere motion have granted ratified and confirmed And by these presents for sand our Successors do give grant ratifie and confirme and approve to the said Mayor and Comonalty * c the aforesaid Tenement * c Expresse their names as before the Prison house * c And the aforesaid Faires and Markets * c And the aforesaid Courts * c And all Fines Issues and Amercements as well at the said Courts and every of
or more Heads are and may be Incorporated by the names of the Master or the Guardian of the Hospitall of c. The Master and Assembly or Convention of the Hospitall St. Mary of B. The Master and Brethern of c. 5. A Corporation may have Of two Names two Names or be Incorporated with a power to sue and be sued by one Name and to grant and purchase by another Name 6. A Corporation may change its name it may be Incorporate at the first by one name and it may afterwards by another Charter be Incorporated by another name And this without any prejudice at all to themselves or others onely if they be sued or sue give or take care must be had it be by their New or last name SECT V. In what place a Corporation may be made 4. THe place there must be a place certain where to fix and bottome the Corporation As for a Corporation of a City Town or Parish The City For a City or village of New-Sarum in the County of Wilts The Burrough and Village of Malmsbury in the County of Wilts The Village of Maiden-head in the County of Berks. The Town and Parish of Leeds in the County of York The honest persons now exercising the Trade of c. within the Town and Burrough of G. For a Colledge or Hospitall For a Colledge or Hospital A house in Oxford called D. wherein one T. S. now dwelleth and whereof T. S. hath an Estate in Fee The house called Charter house lying within the Parish of K. in the City of London A parcel of ground called the Savoy lying within the Parishes of St. Clemens and St. Mary le Strand c. and the like And it is usual also and safe in this case for a Town or Village to describe the Limits of the Corporation and how far it shall extend it self And yet we read of very many grants of Corporations allowed to be good that were not so exactly described and ascertained as The Hospital of St. Lazer of Ierusalem in England Masters of the Knights of the Temple and their brethren of the Temple of Ierusalem in England And the like Coo. 10. 32 33. But the safe way is to describe the place truly and certainly as it is SECT VI. By what words a Corporation may be constituted IF it be constituted and made 5. Apt words of Constitution by Charter there must be apt words therein for the making thereof which are the words commonly used in Charters for this purpose For a For a City or Village Town or Village That the same Town or Village and all the Inhabitants thereof be in Deed and Law one body perpetuall Cominalty or Corporation and Incorporated by the name of c. Or thus That the said Town of B. be and remain for ever a free Town of it self And that the said Warden c. and their Successours for ever be and shall be as now they are one body c. Or thus That the said Burrough and Village of M. in the County of W. be from henceforth and shall be a free Burrough Corporate in thing deed and name of a Mayor and Burgesses of the Burrough and Village of M. in the County of W. And that the Mayor and Burgesses of that Burrough and Village be from henceforth one Cominalty or Body Politick in deed and name for ever by the name of c. And for a Colledge or Hospital For a Colledge or Hospital thus That the Hospital of the said City commonly called c. and the poor people thereof be and from henceforth and for ever shall be governed and ruled by the Mayor and Burgesses of the said City and their Successours And that the said Mayor and Burgesses and their Successors be shall be Masters and Governours thereof And that the said Mayor and Burgesses together with the poor of the said Hospital for the time being shall be from henceforth and for ever hereafter continued and remain one Body Politick c. by the name of the Masters and poor people Or thus That the said Governours of c. shall be incorporated and have a perpetual succession for ever in deed fact and name by the name of c. And there is no necessity that there should be the words Fundo Erigo or Stabilio used for the Erection of the Corporation in any case but it may be done by other apt words also All these 5 things every Charter by which any Corporation is well made must have within it For the further Illustration of all these things we shall give you some Examples and Presidents of Charters allowed by Law to be good The Act of Parliament prepared for Sutton's Hospital did give him power first of all to build such a house in such a place for such an use and end for poor people a Preacher and School-master And that the same should have such a name certain That such men therein named and those whom he during his life and that the greater part of them after his death should choose in their Rooms should be alwayes Governours thereof That the Governours and the Hospital should be incorporated by such a name Give and Grant Sue and be sued c. receive and hold for ever the Mannors and Lands in the Act named have and change their seal That he for his life and afterwards the Governours should place and remove Officers and poor people visit the same Hospital make Ordinances for Government thereof not Repugnant to the Lawes in force Stat. 7 Iac. The Charter for Sutton's Hospital by which it was erected did first license him to found an Hospital in such a place to appoint the Governours thereof gave power to those Governours to place and displace Officers and others and order all things Afterward did grant and ordain That there should be 16 persous named in the Charter and the Master of the Hospital for the time being and their Successours alwayes Governours hereof That they should choose their Successours And that those 16 persons and the Master should be incorporate choose new Governours Officers Schollers poor and make Orders and Ordinances not repugnant c. And did licence them to hold Lands in Mortmain Edw. 6. declared That Bridewell Hospital of Ed. 6. in London in London should be an Hospital And for this end by his Letters Pattents willed and ordained That the said Hospital when it should be erected and established should be called The Hospital of Ed. 6. King of England of Christ Bridewell and of St. Tho. the Apostle for ever And that the Mayor Comminalty and Citizens of the City of London should be Governours c. And that they should be for that purpose a Body Corporate by the name of the Governours of the Possessions c. Coo. 10. 31. King H. 8. granted by his Colledg of Physitians Letters Pattents to divers Physitians then being by name That they and all men of
the same faculty of and in the said City of London should be one Body and perpetual Community or perpetuall Colledge of Physitians for London and the Suburbs thereof That there should be a President over them by their own choise yearly That they should buy and sell sue and be sued That they should make Assemblies and Ordinances for Government with divers other provisions Stat. 14 H. 8. chap. 5. H. 4. by his Letters Patents Chauntry house in London recited That Rob. Ramsey was seised of a house in the Parish of St. Margarets in London called the Sunne and that he notwithstanding the Statute of Mortmain de gratia speciali and for 20 l. did give license to R. Ramsey that he should give 20 Marks of Rent issuing out of the said house cuidam Capellano c. to a certain Chaplain at the Altar of the blessed Mary in the Church of St. Magn. London alwayes pro salubri statu that is for the health of the soul of the said Rob. and Ioane his Wife To have and to hold to the said Chaplain and his Successors Chaplains of Chantrie aforesaid in the Church and at the Altar aforesaid and for the health of the soul c. according to the Ordination aforesaid of the said Rob. on this behalf to be done and celebrated for ever This was resolved to be good Coo. 10. 27. Some Charters run thus After a Recital of the present state of the Corporations names of the Officers c. there is a grant to them and those that shall alwayes be the elect head-Officers that they shall be Incorporate by such a name and buy and sell sue and be sued make Ordinances c. and govern after such a manner and describe the whole form of their Government So Sacum in Wilts After many Recitals The Charter runs thus Know ye That c. we name and Constitute A. B. of c. to be the present Mayor C. D. Recorder c. and the Aldermen and so all the Common-Councell-men and then say And c. That the Mayor Recorder Aldermen c. within the same City for the time being and their Successours for ever be Incorporate by the name of of Mayor and Cominalty King Ed. 3. by his Charter Queens Colledg in Oxford gave license to T. S. his Chaplain That he in such a house in Oxford should erect and set up a Colledg-Hall of Schollers Chaplains and others to continue for ever under the name of the Hall for the Schollers for the Queen at Oxford which shall be governed by one President of the said Schollers according to the appointment of the said T. S. And that the said T. S. may grant the said house to the said President and Schollers for ever And that thereby they shall be enabled to hold it for ever in succession This was admitted a good Corporation Stat. 39 Eliz. 5. gives power to any man to erect an Hospital Hospital or House of Correction or house of Correction without License and endow it with Lands not lesse then 10 l. nor more then 200 l. a year for ever That it shall be Incorporate by the Founder and by what name he or his heirs shall give it and so buy sell sue and be sued have a Seal That he shall place and remove the Head and Members for his life-time at his pleasure And be ordered and visited by such persons as he or his heirs shall name And by such Rules and Orders not repugnant to the Laws c. as the founder or his heirs shall set down under his hand and Seal The Executors of H. 7. Reciting Savoy They had bought a piece of ground called the Savoy c. to such an end to build an Hospital upon it H. 8. thereupon licensed them a certain Hospital of one Master and 5 Chaplains to erect and found in and upon the said piece of ground called the Savoy And the same so founded shall be Incorporated by the name of the Master and Chaplains of the Hospital of H. late King of England 7. of the Savoy Coo. 10. 31. If a Charter be made to the Inhabitants of Dale to give them power to choose a Mayor and to sue and be sued by the name of the Cominalty of Dale or by the name of the Cominalty onely It is said That this without more words will make it a Corporation For the Reforming of the abuses in the making of Cloath in Norwich and Norfolk That there be and shall be a Corporation of Presidents Wardens and Assistants of the Warsted Weavers of the City and County of Norwich and County of Norfolk Corporation within the City and County of Norwich and County of Norfolk consisting of two Presidents 12 Wardens and 40 Assistants All which are to be Master-Weavers within the places aforesaid And one of the said Presidents and six of the said Wardens and 20 of the said Assistants shall be yearly chosen upon the last Wednesday in the moneth of November at some publike place by the Master-Weavers or the greater part of them present of the said City and County of Norwich and the other of the said Presidents six Wardens and 20 Assistants shall be chosen on the same day in some publike place by the Master-Weavers or the greater part of them present of the County of N. And the said 12 Wardens shall within 14 dayes c. take the Oath set down in the Act. And that the said Presidents Wardens and Assistants for the time being shall for ever hereafter in name and fact be one Body Politick and Corporate in Law to all intents and purposes and have a perpetual succession and be called by the name of the Presidents Wardens and Assistants of the Worsted Weavers of the City and County of Norwich and County of Norfolk and Sue or Plead c. See the rest for power to purchase keep Courts make By-laws Act. 12 Novemb. 1653. and 1656. Act of 27 July 1649. There Corporation of the president and Society for the Propagation of the Gospel in New-England is a Modell for the making of a Corporation for the Propagation of the Gospel in New-England to this purpose That from henceforth for the furtherance of this Work there should be a Corporation in New-England consisting of 16 persons viz. a President Treasurer and 14. Assistants And that A. B. C. D. c. be the first 16 persons whereof the Corporation shall consist out of whom the said 16 persons at such time and place as they shall think sit by themselves or the greater number of them shall clect and choose one of the said 16 persons to be President and another of them to be the present Treasurer And that they or the greater number of them shall choose a new President Treasurer or Assistants so ofr as any of them shall dye or be amoved Which said President Treasurer and Assistants for the time being shall be for ever hereafter in Name and Fact one
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
this is good But if the house purchase the Tenancy it is doubted Coo. 5. 6. 8. and 6. 37. 9. Such Leases must not be without impeachment of Wast for if it be it is void So if a Lease be made by the house to one for life the Remainder to another for life it is void for this is in effect during the life of him in Remainder without Impeachment of Waste 10. These Leases must have all due Ceremonies as other Leases have to make them good as Livery of Seisin Attornment or the like Coo. 7. 7. And then are these Leases made by these Colledges c. good when they are so made and with these provisoes not otherwise But if they be otherwise made they are good against the present Heads of the Colledges that made them so long as they continue there But they are voidable and may be avoided by their Successours Coo. upon Litt. 45 329. Stat. 13 Eliz. 10. Dyer 356. Coo. 2. 46. 6. 37. 11. 67. 3. 76. 5. 14. 9. The Head and Members together of a Corporation may have or take Lands or Goods by the Grant or gift of others as a Natural Body may do But if they take it by Feoffment it must be by warrant to an Attorney to take it under the Common Seal Also a Corporation may take Land by Fine Coo. 10. 67. 5 H. 7. 25. Plow 535 538. 10. But a Corporation must Common Seal without Writing it can do nothing alwayes give and grant in writing and by their Common-Seal or their Grants will not be good For a Corporation cannot give or grant the Lands of the Corporation for years or a Rent out of the Lands for any time or grant an Annuity or enter into Covenants or Bonds or give or sell the goods of the Corporation but by writing under their Common-Seal And it is a general Rule That nothing may be done by a Corporation that doth concern the whole Corporation but it must be done by Deed under the Common-Seal And therefore however perhaps it the Head of it or the whole Corporation together make any Contract for necessary provision for the use of the whole which is employed accordingly or retain a necessary servant as Baker Brewer Butler or Cook from year to year or give a power to enter into Land or demand Rent or other small matter for the advantage of the Corporation by word or writing without Seal haply some such Acts may be good yet it is doubted and is not safe For the general and constant opinion is That no Contracts Bills Bonds Granting of Offices as of Stewards of Courts Bayliffs of Mannors Retainers of Servants as Bakers c. no Deputation Grant of Power License Contract Agreement or Authority given by them is or can be maintained in Law to be good but what is under their Common Seal 7 H. 7. 9. 4 H. 7. 6. 13. 19. 12 H. 7. 27. 13 H. 7. 17. 2 R. 3. 7. Plow 91. 92. Dyer 102. Coo. 6. 38. Coo. 11. 79. Coo. 10. 67. Perk. 14. Broo. Abridgment Corporation throughout 11. The Grant of a Corporation will bind the Successours though they be not named in the Grant Plow 457. 12. A Corporation cannot be Seised to uses seised of Land to other uses Coo. 10. 24. 13. A Corporation Civill Barred by Fine aggregate as Mayor and Cominalty and the like may be barred and concluded by a Fine and Non-claim as a Body naturall may be But otherwise it is of a Corporation Spirituall or mixt such as Colledges Hospltals and the like For they cannot be hurt by it Stat. 13 Eliz. chap. 10. Coo. 11. 71. Plow 367. 538. 14. A Corporation may sue Sue and be sued and be sued as a Body naturall may be but care must be had that it sue and be sued by the right name of it whereby it was Incorporated Coo. 10. 29. 15. If a summe of money be Money levied upon it to be levied on a Corporation it may be levied upon the Mayor or chief Magistrate or upon any Member of the Corporation By Chief Just Rolls in B. R. Hill 1652. 16. If Land holden of H. had been given to an Abbot and Corporation dissolved the Lands revert his Successours or to any other Corporation if the Abbot and all the Convent had dyed so that the Corporation had been dissolved the Donor and not the Lord by Escheat should have had the Land again Coo. Inst Part. 1. 13. 17. If the King had given Lands to a Mayor and Cominalty and their Successours to be holden by Knights-Service in this case the Pattentecs should not have done homage neither should there have been any Wardship or Relief onely they should have found a man c. or pay Escuage But if they had conveyed over their Land to any naturall man and his heirs now the Ward Marriage Relief and other Incidents belonging thereunto before they were taken away had been Revived Coo. Inst Part. 1. 70. 6. 18. If any Corporation shall oppresse any of the people under their power by Imposition of unjust Rates the making and execution of unreasonable Ordinances See the Act of 5th of September 1649. For the Oaths of Mayors c. the Imposition of unjust Oaths or by forcing men in the taking of an Oath to use the Ceremony of putting their hands on the Bible which men now may not be forced to but they may if they please take it by the lifting up of the hand onely And if they shall upon this account set any Fine upon any man imprison his person or distrain his goods the which in some Corporations have been done or they shall by any such like means grieve the people the party grieved hereby may have his Relief by Complaint in the Upper-Bench 19. A Corporation may be dissoved by Parliament And it seems it may not be dissolved otherwise Yet see Dyer 100. Coo. Inst Part. 1. 13. FINIS THE FORMES AND PRESIDENTS OF Charters Concerning CORPORATIONS WITH The chief Matters that are usually contained in them LONDON Printed by I. Streater for Thomas Dring and H. Twyford MDCLIX THE FORMES AND PRESIDENTS OF CHARTERS CONCERNING Corporations OLIVER Lord Protector of c. Consideration of Inducement Whereas our City of N in Our County of N. is a very antient City and the Citizens of the said City have antiently been a Body Politique and Corporate and from the time whereof the memory of man is not to the Recitals contrary the Citizens of Our said City have held used and enjoyed as well within the same as elsewhere in England divers and sundry General works Rights Royalties Liberties Priviledges Franchises Free-customes Jurisdictions Preheminencies Advantages Emoluments and Immunities as well by Prescription as by sundry Charters Letters Patents Grants and confirmations of divers Kings and Queens of England And whereas divers Mannors Lands Tenements and Hereditaments Jurisdictions Liberties Immunities and Priviledges have heretofore been given
them as at the Assises or Sessions of the Peace holden and to be holden for the said County of W. and payable or happening from time to time to be payable by any the Inhabitants of or within the same City And also all and every the powers All the Franchises they have had and Authorityes herein before mentioned for the holding and keeping of the aforesaid Courts and every of them from time to time and to Award and Issue the accustomed Writs to be issued and awarded out of the said Courts and the same to beare Teste in the name of the Mayor of the said City for the time being and the said Courts to be kept by the said Mayor or by the Recorder of the said City for the time being or by the Steward or Baylieffe of the said Mayor and Comonalty and their Successors for the time being And that such other Officers of the said Mayor and Comonalty and their Successors for ever shall be from time to time attendant upon every of the said Courts to serve and execute the Writs and processe and other matters and things in the said Courts as were usually attendant thereupon in the time of the said late Bishops of N. as aforesaid And also the aforesaid power to distraine for all Rents and other summes of money payable by reason of the said premisses And all other lawfull remedyes and meanes for the having receiving levying and enjoying the said premisses and every part thereof And also all Waiffes Estâ—aies Deodands and goods of Felons happening and being within the said City And Felons goods Waiffes c. also all and every summe and sâ—mmes of money to be paid as a Post Fine or Post Fines upon any Fine or Fines from time to time to be levied of any Lands Tenements or Hereditaments within the said City And also all and every Post-Fines such other Mannors Lands Tenements Mills Meadows Feedings Rents Courts Faires Markets Royaltyes Services Annuityes Libertyes Franchises Priviledges Immunityes and other possessions and Hereditaments whatsoever as the Mayor and Comonalty aforesaid or any of their Predecessors have at any time or times heretofore by whatsoever name or names of Incorporation had held used or enjoyed or now do hold use and enjoy to them and their Successors of Estate of Inheritance by reason or pretext of any Grant or Grants Charter or Charters or Letters Pattents by any the late Kings or Queens of England heretofore granted or confirmed either to them the said Mayor and Comonalty and their Successors or to any the late Bishop or Bishops of N. or by any other lawfull Right Title Customes Usage or Prescription whatsoever although the same or any of them have been forfeited or lost And although the same or any of them are not in these presents particularly expressed and in certaine named and specified To have hold and enjoy all and singular the premisses to the said Mayor and Comonalty of the said City of N. and their Successors for ever And moreover We will and Extent of the Limits by these presents for Us and our Successors do grant appoint and declare that the said City of N. and the Compasse Precincts and Limits thereof and the jurisdiction of the same shall from hence forth extend and reach it self and may and shall be able to reach forth and extend it self as wel in length as in breadth as in here set forth the limits of the Corporation Rendring the old Rents Circuit to such and the like bounds metes and limits as the same from the time whereof the memory of man c hath extended it self that is to say from the end c. Rendring and paying therefore yearely to Us and our Successours such and the like Rents Services summes of money and demands as have been heretofore rendred or paid unto us for the same Wherefore we will and by these presents for us and our Successors do firmely enjoyne and command that the aforesaid Mayor and Comonalty of the City aforesaid and their Successors shall and may freely and quietly have hold use and enjoy the aforesaid Libertyes Authorityes Jurisdictions Franchises Rights Royaltyes Priviledges Generall words Exemptions and Quittances Lands Tenements and Hereditaments aforesaid according to the Tenor and Effect of the aforesaid Letters Patents Prescriptions and Customes and of this our Letters Patents of Grant and Confirmation without the lett hinderance or Impediment of us or our Successors or of any our Justices Sheriffs Escheators Bayliffes or other Officers or Ministers of Us or our Successours whatsoever And that the said Mayor and That the Officers of the Lord Protector do not disturb them Comonalty of the City aforesaid or their Successors or any of them in the free use and enjoyment of the premisses or of any of them by Us or our Successours or by any of them shall not be hindred molested or in any wise disturbed We also willingly and by these presents commanding and requiting as well the Treasurer Commissioners of the Treasury Chancellour and Barons of the Exchequer at Westminster for the time being and all other the Justices of Us and our Successors as also our Atturney and Sollicitor generall for the time being and all other Officers and Ministers whatsoever of Us and our Successors That neither they That no Officers shall molest the Corporation for any thing past nor any of them shall make or cause to be made mentioned or prosecuted any Writt or Summons of Quo Warranto or any other Writt or process whatsoever against the aforesaid Mayor Comonalty of the City aforesaid or their Successours or any of them for any causes things matters offences clayme or usurpation by them or any of them heretofore unduely claymed used attempted had or usurped before the day of the date of these presents Willing also and by these presents for us and our successors commanding and requiring That the Mayor and Comonalty of the City aforesaid or their Successours or any of them by any of the Persons Justices Officers or Ministers aforesaid in or for the undue use Clayme or Usurpation of any other Libertyes Franchises or Jurisdictions within the City aforesaid or the Limits or Precincts thereof before the day of the date of these presents shall not be molested or disquieted or compelled to answer to them or any of them And whereas also in and by a certain Grant or Charter of the late King Iames made and granted to the said Mayor and Comonalty of the said Recitalls of Charters City of N. and their Successors bearing date at Westminster the second day of March in the 9th year of his Raign over England And in and by one other Grant or Charter made by the late King bearing date at C. the 17 of August in the 6th yeare of his Raign or by one of the said Charters it is amongst other things granted and confirmed to the Mayor and Comonaltyes of our said City and their Successors that
are in The Frame of the Corporation the said City there should be one Mayor one Recorder 24 Aldermen and eight and fourty Assistants Now for as much as we are informed that our said City of N. is lesse populous then heretofore whereby Trade and Commerce there is of late decayed so that the aforesaid number of Aldermen and Assistants there cannot with Conveniency to the present Government of the said City be had and continued as in times past We therefore for us and our Successors do will ordaine and grant to the Mayor and Comonalty of our said City of N. and their Successors by these presents that for the better Government of our said City Libertyes and Precincts thereof The Officers to be in the Corporation there shall be for ever hereafter within the said City a Mayor and Recorder 15. Aldermen and 24. Assistants to be nominated chosen and sworne as is herein after mentioned who shall be for ever hereafter called the Mayor and Comonalty of the City of N. And that there shall be for ever hereafter two Chamberlaines one Bayliffe one Town-Clark one Coroner A Clarke of the Market foure high-Constables thirteene sub-Constables and three Serjeants at the Mace within the said City to be chosen in manner and forme herein after mentioned And of our like spetiall grace certaine knowledge and meere motion we do by these presents for us and our Successors Will Ordaine Declare Constitute grant and appoint that the Mayor Recorder Aldermen and Assistants of our said City of N. for the time being And they which The making of the Corporation hereafter shall be the Mayor Recorder Aldermen and Assistants within the same and their Successors for ever hereafter be and shall be by force of these presents one body Corporate and politique in Deed Fact and Name by the name of the Mayor and Comonalty of the City of N. And them by the name of the Mayor and Comonalty of the City of N. One body politique and Corporate in Deed Fact and name We do for us and our Successours really and fully create ordaine make Constitute and confirme by these presents And that by the same name of the Mayor and Comonalty of the City of N. they may have perpetuall Succession And that they and their Successours for ever by the name of the Mayor Comonalty of the City of N. be shall be forever hereafter persons able and in Law capable to have get receive and possesse Lands Tenements Rents Liberties Jurisdictions Franchises and Hereditaments to them and their successors in Fee-simple or for terme of life lives or years or otherwise and also goods and Chattells and also other things of what nature kind or quality soever And also to give grant let set and assigne the same Lands Tenements Hereditaments Goods and Chattells and to do and execute all other things about the same by the name aforesaid And also that they be and shall be for ever hereafter persons able and in Law capable to plead and be impleaded answer and be answered unto defend and be defended in all or any the Courts of Sue and be Sued us and our Successors and other places whatsoever And before any Judges Justices and other person or persons whatsoever in all and all manner of Actions Suits Complaints Demands Pleas Causes and matters whatsoever of what nature kind or quality soever in the same and in the like manner and forme as other people of England being persons able and in Law capable may plead and be impleaded answer and be answered unto defend and be defended by any Lawfull waies or meanes whatsoever And that the said Mayor and Comonalty of the City of N. and their Successors shall and Seale may for ever hereafter have one Common Seale to serve for the sealing of all and singular their affaires matters and businesses touching and concerning the said Corporation And that it shall and may be lawfull to and for the said Mayor and Comonalty of the said City of N. and their Successours at their will and pleasure from time to time to break change and alter and new make their said Common Seale when and as often as to them it shall seeme most convenient And further know ye that we have The present Officers named assigned named ordained and constituted And by these presents for Us and our Successors do assigne name ordaine and constitute our well beloved W. S. now Mayor of our said City of N. to be the present Mayor of our said City And that he the said W. S shall remaine and continue The Mayor in the Office of Mayor there untill another fit person shall be chosen and sworne into the said office according to the usage and custome of the said City and as in and by these presents is hereafter mentioned and directed And we have assigned named ordained and constituted And by these presents do assigne name ordaine and constitute create and declare our well beloved H. â— Esq to be the present Recorder of The Recorder our said City to do and execute all things which unto the office of Recorder of the said City doth or may any wâ—y appertaine and belong And also we have assigned named constituted and made and by these resents do assigne name constitute and make our wellbelowed I. I. I. A. c Citizens and Inhabitants of our said City of N. to be the present 15. The Aldermen Aldermen of our said City And also we have assigned named constituted and made And by these presents do assigne name constitute and make our well-beloved N. B. S. R. c. Citizens and Inhabitants of the said City of N. to be the present 24. Assistants of the said City Assistants And also we have assigned chosen named and constituted our well-beloved A. G. D. M. Citizens and Inhabitants of the said City to be the Chamberlaines present Chamberlaines of the City aforesaid And we have assigned named constituted and appointed and by these presents do assigne name constitute and appoint our well-beloved Th. C. one other of the said Citizens there to be the present Bayliffe of our said City who shall continue in that office untill another fit person Bayliffe be chosen and sworne in his place And also we have assigned chosen named and constituted our well-beloved E. F. R. W. S. N. and I. L. Citizens and Inhabitants of the High-Constables said City to be the present High-Constables of the said City who shall continue in that office of High-Constables of the said City untill other fit persons be chosen and sworne in their places And also we do assigne choose nominate and constitute our well-beloved D. R. L. T. c also Citizens and Inhabitants of the said City to Sub-Constables be the present sub-Constables of the said City who shall continue in the said office untill other fit persons be chosen and sworne in their places And also we have assigned