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law_n	king_n	lord_n	parliament_n	20,596	5	6.9552	4	true

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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

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 London Printed for H. Twyford T. Dring and J. Place and are to be sold at their Shops in Vine-Court Middle-Temple at the George in Fleet-Street and at Furnivals Inne-Gate in Halborne 1659. TO HIS Dear Country-men My good Friends THe Soveraignty which is placed in Man over the rest of the Creatures is deriv'd from the sole advantage of his Reason for in Corporeal power he is much inferiour to many The Excellency of Reason consists in fitting Laws and Polities for our better Government and the best of Polities is that Invention whereby men have bin fram'd into Corporations Guilds or Fraternities For whereas other Laws are adapted but for the benefit of Individuals this has a more noble end and if it were possible would preserve the Species and although Art cannot altogether arive at the perfection of Nature yet has it in this shew'd a fair Adumbration and given to man the nearest resemblance of his maker that is to be in a sort immortal And for the Utility that has by this Invention accrued to mankind it may be collected not only from the frequent usage of it amongst the Greeks Romans and afterwards in the German Empire but also which is best known to English men from our own Practise How many Cities and Burrouhgs are there in this Nation whose flourishing estate depends merely upon the antiquity of their Incorporation I thought therefore that nothing would be more acceptable to my Country men than a discourse in this kind of Learning the rather because no mans pen amongst us has bin employ'd on this subject before but I have the confidence to think it has something to commend it besides the Novelty and it is the opinion also of those that deserve the greatest Credit Your affectionate Country man W. S. THE Contents of the Book SECT I. WHat Corporation is and the kinds thereof SECT II. Who may make it and how it is to be made SECT III. What persons may be Incorporated SECT IV. By what name such persons may be Incorporated SECT V. In what place a Corporation may be made SECT VI. By what words a Corporation may be made SECT VII The Charter for Corporations divided in two parts and opened SECT VIII What Ordinances a Corporation may make SECT IX The nature of a Corporation And what it may have hold and do And how OF Corporations SECT I. Of a Corporation or an Incorporation what it is and the kinds of it A Corporation or an Incorporation which is all one is a Body in fiction of Law or a Body Politick that indureth in perpetuall succession And herein we are to know That our Law doth take notice of a Body Naturall and a Body Politick The Bodies politick whereof the Law hath taken notice are some of them gone as Abbeys Priories Deaneries and the like And some do continue still They are said to be some of them Ecclesiastical or spiritual And some of them are said to be Civil or Temporal and some of them are said to be Mixt. And this politick body is either of Single or of one person one person onely and so the King was and Lord Protector is a Body politick So the Bishops Deans Prebends and Canons of Churches were and the Heads of some Hospitals and Alme-Houses which go by succession in one person and some Chaplains of Chappell 's and all Parsons and Vicars at this day are Bodies Politick Or it is Aggregate of many persons of many persons together So Majors and Cominalties and all such kind of Corporations Masters and Fellowes of Colledges and some Guardians and Masters of Hospitals and divers others where the succession is in many persons are said to be Bodies politick So also the Parishioners or Neighbours in a Parish Village or Town and the Church-wardens of every Parish some purposes are in the eye of the Law Corporations aggregate of many persons Our purpose here is not to say any thing to any bodies politick in one person or gone but only to Corporations aggregate of many persons and yet continuing as Major and Cominalties Masters and Fellows of Colledges and Houses Masters and Guardians of Hospitals their Houses and such like persons Houses and Places and especially of the first sort of bodies politick Majors and Cominalties and such Corporations And so we say A Corporation is a body politick Authorized by the Lord Protector 's Charter to have a Common Seal Head-Officer or Officers and Members all which together are able by their Common consent to grant give receive or take any thing within the Compasse of their Charter or to sue and be sued as any one man may do or be Or they are said to be An Assembly or Cominalty of many men gathered or joyned together in a City Town or Burrough into one fellowship Brotherhood or Mind by mutual consent to support the Common Charge each of other and to live under such Laws as they shall agree upon to make to be governed by for their mutuall good and advantage in a perpetuall succession These are also sometimes more general as where a whole Town is Incorporate and many Franchises granted to it Or more special as where a Company of Trades-men onely in a Town is Incorporate and some one or few special Franchises are granted to them for the better ordering of their Trade These and such like Corporations of Cities and Towns are called Guilds Fraternities Companies Companies Corporate Companies Incorporate Brotherhoods Fellowships and Bodies Corporate Coo. 10. 29. 11. 66. Coo. upon Littl. 250. 94. 95. 34. 14. H. 8. 3. Coo. 11. 20. 67. 7. 75. Plow 457. 102. 409. 537. 12 H. 7. 29. Coo. Inst part 1. 66. 6. 3. SECT II. What things are Requisite to the making of a good Corporation and are of the Essence of it There are certain things said to be of the Essence and requisite to be had and found in the case of every Corporation well made and without which it cannot be a good Corporation As 1. There must be a good and Lawful Authority and Warrant Lawful Authority for it for the Erecting of it And for this we are to know that a Corporation or body politick may be made four manner of wayes or by four meanes 1. By the Common Law so the King was and Lord Protector By Common Law is and many others are Bodies politick 2. By Authority of Parliament so the Colledge of Physitians By Parliament in 14. H. 8. Chap. 5. was made a Corporation And so Suttons Hospital was intended to be made And

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-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-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

so any man might for twenty years after the making of the Act of 39. Eliz. Ch. 5. have built an Hospital or House of Correction for twenty years after the Act of 39. Eliz. and had it Incorporated without How a Corporation may be claimed and had Licence of the King 3. By prescription That which hath been and continued time out of mind a good Corporation and hath had all the By Prescription Incidents and Badges of a good Corporation shall continue so albeit they cannot shew any Charter for it For this doubtlesse was by Charter at first the which hath been since lost But they that will have a Corporation by this Title must have all the necessary Requisites to a good Corporation in their prescription 4. By Charter or Letters Patents of the Kings And so most By Charter of the Corporations have been made And so they may and must be made at this day or by Act of Parliament And so by Charter the Lord Protector may make what Corporation he pleaseth and without this none can be Erected at this day And so he may erect a Corporation or Society of Marchants or other Trades-men for the better Government of their Trade or any other Corporation he pleaseth to make observing herein the Rules by Law layd down And by Charter the Lord Protector may make many Corporations in one Town as in the Corporation of the City of London and many other places they have as they may have many lesser Corporations within it And so many Corporations may be in one place but they must all be made by Charter of the Lord Protector For one Corporation cannot make another Corporation much lesse may it make many Corporations out of it self Coo. 10. Suttons Hospitall's case Stat. 39. Eliz. 5. SECT III. Of the Persons to be Incorporated 2. THere must be persons to be Incorporated and as to this point these things are to be known 1. In the case of a City Burrough In a City or Village c. Town Village or Parish Incorporated The Citizens and Inhabitants or the Citizens Burgesses and Inhabitants or The Inhabitants or The Inhabitants and good people of the place Or the whole City Town Burrough or Village may be Incorporated 2. Or a part of the City as the Burgesses of the Burrough or the Free-men of the City onely may be Incorporated 3. Trades-men of the City or the men of such a Trade only in the Town may be Incorporated 4. The Head Officers and Governours only chosen and to be chosen from time to time in the place may be Incorporate 5. In the case of Colledges the In Colledges persons Incorporated may be either the Governours alone as Masters and Fellowes and the like or the Governours and Governed together as Masters Fellowes and Schollers of the Colledge 6. In case of Hospitalls and In Hospitals and Almes-houses Almes-houses the persons Incorporate may be the Governour or Governours as Masters or Guardians or Masters and Guardians or them and the rest of the Officers and poor as the Founder shall desire and the Lord Protector grant it 7. A Corporation may be made up of natural persons or it may be made up of persons or bodies incorporate and political And so a New or another Corporation may be granted to an old Corporation or body politick So Ed. 6. granted to the Major and Cominalty of London the House called Bridewell to be an Hospital And that the same Major and Cominalty should be Governours thereof and Incorporated by the name of the Governours of the possession of the Revenue and goods of the Hospital c. The persons Incorporated in Suttons Hospital were the Governours thereof only In the case of the Colledge of Physitians in H. 8. his time the Physitians named and all others of that profession of and within the City of London were the persons Incorporated H. 7. 10. Broo. Corporations throughout Coo. 10. the case of Suttons Hospitall SECT IV. By what Names such persons may be Incorporated THe third thing required to the essence of a Corporation is that it be constituted and made by apt words not that there are any certain words for Corporations for they may be made by almost any intelligible words importing the matter intended And as to this these things are to be known 1. That Cities Town-ships and Villages may be and are In a City or Village Incorporated some by one and some by another name Some by the name of Major and Cominalty of c. in the County of G. Some by the name of the Major Bayliffs and Cominalty of c. Some by the name of the Major Aldermen and Cominalty Some by the name of Major Aldermen and Common-Councel Some by the name of Major Citizens and Cominalty Some by the name of the Major and Aldermen Some by the name of Major and Burgesses Some by the name of Major and Bayliffs Some by the name of Bayliffs and Burgesses Some by the name of Bayliffs and Sheriffs Some by the name of Citizens Some by the name of Citizens and Cominalty Some by the name of Cominalty onely Some by the name of Citizens and Burgesses Some by the name of Burgesses Some by the name of Aldermen Bayliffs and Sheriffs Some by the name of the Burgesses Citizens and Cominalty Some by the name of Master and Wardens Some by the name of Master and Brethren Some by the name of the Major Sheriff and Citizens Some by the name of the Major and Sheriff Some by the name of the Warden Burgesses Bridg-Masters and Cominalty Some by the name of the Inhabitants or good men or the men of date And some by other names 2. The Companies that are Companies of Tradesmen Corporations are and may be Incorporated thus The Master or Governours and Cominalty of the Mystery of Cooks of London The Masters and Wardens of the Company of Pewterers in the City of London The Company of Merchant-Taylors in London The Guardian and Fellowship of weavers in Newbery The Wardens Cominalty and Fellowship of Drapers Taylors Mercers and ware-men and Coopers in D. The Masters and Guardians and Cominalty of Taylors and Work-men of Cloth of D. The Masters or Wardens and Fellowships of the Crafts of Clothiers Drapers c. or the Guild and Fraternity or by any other such like Names 3. The Colledges and Halls In Colledges of Universities and other like places are and may be Incorporate by the names of Warden and Fellowes of c. in the County of c. Or Provost and Fellowes or Provost Fellowes and Schollers or President and Fellowes or President and Scholers or Master and Fellowes or Principall and Fellowes or Warden Fellowes and Schollars or Wardens and Schollers or Masters Fellowes and Schollers or Master and Schollers or keepers of the Colledge and the Schollers of the same Colledge or any other such like Names 4. The Hospitals whether In Hospitalls or Almes-houses made up of one

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

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