Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	lord_n	person_n	4,136	5	4.8948	4	false

Text snippets containing the quad

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

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 pa● 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

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. ● 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 w●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

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

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