OF CORPORATIONS, FRATERNITIES, AND GUILDS.  
Or, a Discourse, wherein The LEARNING of the LAW touching Bodies-Politique is unfolded, showing the USE and NECESSITY of that Invention. the Antiquity, various Kind's, Order and Government of the same.  
Necessary to be known not only of all Members and Dependants of such Bodies; but of all the professors of our Common Law.  
WITH Forms and Precedents; OF Charters of Corporation.  
By William Shepherd, Sergeant 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 Fleetstreet, and at Furnivals' Inn-gate in Holborn. 1659.   

TO HIS Dear Countrymen.  
My good Friends,  
THe Sovereignty which is placed in Man over the rest of the Creatures, is derived from the sole advantage of his Reason; for in Corporeal power he is much inferior 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 been framed 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 arrive at the perfection of Nature; yet has it in this showed 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 Germane Empire; but also (which is best known to English men) from our own Practice. 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 man's pen amongst us, has been employed 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 Politic that endureth in perpetual succession. And herein we are to know; That our Law doth take notice of a Body Natural, and a Body Politic. The Bodies politic, 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 politic body, is either of 
Single, or of one person.  one person only, and so the King was, and Lord Protector is, a Body politic. So the Bishops, Deans, prebend's, 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 Chappells, and all Parsons and Vicars at this day, are Bodies Politic. Or it is 
Aggregate of many persons.  of many persons together: So Majors and Cominalties, and all such kind of Corporations: Masters and Fellows of Colleges; and some Guardians and Masters of Hospitals; and divers others, where the succession is in many persons, are said to be Bodies politic. So also the Parishioners or Neighbours in a Parish, Village, or Town, and the Churchwardens 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 politic, in one person, or gone: but only to Corporations, aggregate of many persons, and yet continuing, as Major and Cominalties, Masters and Fellows of Colleges, and Houses; Masters and Guardians of Hospitals; their Houses, and such like persons, Houses and Places, and especially of the first sort of bodies politic, Majors and Cominalties, and such Corporations. And so we say, A Corporation is a body politic, 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 Compass 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 joined 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 mutual good, and advantage in a perpetual 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 Tradesmen only 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 politic, may be made four manner of ways, or by four means.  
1. By the Common Law; so the King was, and Lord Protector 
By Common Law.  is, and many others are Bodies politic:  
2. By Authority of Parliament; so the College of Physicians 
By Parliament.  in 14. H. 8. Chap. 5. was made a Corporation: And so Suttons Hospital was intended to be made: And 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 show any Charter for it: For this doubtless 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 Merchants, or other Tradesmen, for the better Government of their Trade; or any other Corporation he pleaseth to make; observing herein the Rules, by Law laid 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 less may it make many Corporations out of itself. 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, etc.  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 Burrow, or the Freemen of the City only, may be Incorporated.  
3. Tradesmen of the City, or the men of such a Trade only, in the Town, may be Incorporated.  
4. The Head Officers, and Governors only, chosen and to be chosen from time to time in the place, may be Incorporate.  
5. In the case of Colleges, the 
In Colleges.  persons Incorporated, may be either the Governors alone, as Masters and Fellows, and the like: or the Governors and Governed together; as Masters, Fellows, and Scholars of the College.  
6. In case of Hospitals and 
In Hospitals and Almshouses.  Almshouses, the persons Incorporate may be the Governor or Governors, 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 politic. 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 Governors thereof, and Incorporated by the name of the Governors of the possession of the Revenue, and goods of the Hospital, etc. The persons Incorporated in Suttons Hospital, were the Governors thereof only. In the case of the College of Physicians in H. 8. his time, the Physicians 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 Hospital.   

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, etc. in the County of G. Some by the name of the Major, Bailiffs, and Cominalty of, etc. 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 Bailiffs. Some by the name of Bailiffs and Burgesses. Some by the name of Bailiffs and Sheriffs. Some by the name of Citizens. Some by the name of Citizens and Cominalty. Some by the name of Cominalty only. Some by the name of Citizens and Burgesses. Some by the name of Burgesses. Some by the name of Aldermen, Bailiffs, 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 Governors, 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 Newberry, The Wardens, Cominalty, and Fellowship of Drapers, Tailors, Mercers, and ware-men. and Cooper's in D. The Masters and Guardians, and Cominalty of Tailors, and Workmen of Cloth of D. The Masters or Wardens, and Fellowships of the Crafts of Clothiers, Drapers, etc. or the Guild and Fraternity; or, by any other such like Names.  
3. The Colleges and Halls 
In Colleges.  of Universities, and other like places are, and may be, Incorporate by the names of Warden and Fellows of, etc. in the County of, etc. Or, Provost, and Fellows; or Provost, Fellowes, and Scholars; or Precedent and Fellows, or Precedent and Scholars; or Master and Fellows, or Principal and Fellows; or Warden, Fellows and Scholars; or Wardens and Scholars; or Masters Fellows, and Scholars; or Master and Scholars, or keepers of the College, and the Scholars of the same College: or any other such like Names.  
4. The Hospitals, whether 
In Hospitals or Almshouses.  made up of one or more Heads, are, and may be Incorporated by the names of the Master, or the Guardian of the Hospital of, etc. The Master and Assembly or Convention of the Hospital St. Marry of B. The Master and Brothers of, etc.  
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, only 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 bottom 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 Burrow and Village of Malmsbury, in the County of Wilts. The Village of Maidenhead in the County of Berks. The Town and Parish of Leeds in the County of York. The honest persons now exercising the Trade of, etc. within the Town and Burrough of G.  
For a College or Hospital; 
For a College 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. Marry le Strand, etc. 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 itself.  
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 jerusalem in England. Masters of the Knights of the Temple, and their brethren of the Temple of jerusalem 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, & perpetual Cominalty or Corporation, and Incorporated by the name of, etc. Or thus; That the said Town of B. be and remain for ever, a free Town of itself. And that the said Warden, etc. and their Successors for ever be, and shall be, as now they are, one body, etc. 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 Burrow and Village of M. in the County of W. And that the Mayor and Burgesses of that Burrow and Village be from henceforth one Cominalty, or Body Politic in deed, and name, for ever, by the name of, etc.  
And for a College or Hospital, 
For a College or Hospital.  thus: That the Hospital of the said City commonly called, etc. 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 Successors. And that the said Mayor and Burgesses, and their Successors be, & shall be Masters and Governors 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 Politic, etc. by the name of the Masters and poor people. Or thus, That the said Governors of, etc. shall be incorporated, and have a perpetual succession for ever in deed, fact, and name, by the name of, etc.  
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 Precedents 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 Schoolmaster: 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 always Governors thereof. That the Governors and the Hospital should be incorporated by such a name, Give and Grant, Sue and be sued, etc. receive and hold for ever, the Manors and Lands in the Act named, have and change their seal. That he for his life, and afterwards the Governors should place and remove Officers and poor people, visit the same Hospital, make Ordinances for Government thereof, not Repugnant to the Laws in force. Stat. 7 jac.  
The Charter for Sutton's Hospital by which it was erected, did first licence him to found an Hospital in such a place, to appoint the Governors thereof, gave power to those Governors 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 Successors, always Governors hereof. That they should choose their Successors. And that those 16 persons, and the Master should be incorporate, choose new Governors, Officers, Scholars, poor, and make Orders and Ordinances not repugnant, etc. 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 Patents 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, Commonalty, and Citizens of the City of London, should be Governors, etc. And that they should be for that purpose a Body Corporate, by the name of the Governors of the Possessions, etc. Coo. 10. 31.  
King H. 8. granted by his 
College of Physicians.  Letters Patents to divers Physicians 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 perpetual College of Physicians for London, and the Suburbs thereof. That there should be a Precedent over them by their own choice 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 
Chantry house in London.  recited; That Rob. Ramsey was seized of a house in the Parish of St. Margaret's in London, called the Sun, and that he notwithstanding the Statute of Mortmain, de gratia speciali: and for 20 l. did give licence to R. Ramsey, that he should give 20 Marks of Rent issuing out of the said house cuidam Capellano, etc. to a certain Chaplain at the Altar of the blessed Mary, in the Church of St. Magn. London, always pro salubri statu, (that is, for the health) of the soul of the said Rob. and joane his Wife. To have and to hold to the said Chaplain and his Successors, Chaplains of chantry aforesaid, in the Church and at the Altar aforesaid, and for the health of the soul, etc. 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, etc. there is a grant to them and those that shall always be the elect head-Officers, that they shall be Incorporate by such a name, and buy and sell, sue and be sued, make Ordinances, etc. 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, etc. we name and Constitute A. B. of, etc. to be the present Mayor. C. D. Recorder, etc. and the Aldermen, and so all the common-councel-men, and then say, And, etc. That the Mayor, Recorder, Aldermen, etc. within the same City for the time being, and their Successors for ever, be Incorporate by the name of of Mayor and Cominalty.  
King Ed. 3. by his Charter 
Queen's College in Oxford.  gave licence to T. S. his Chaplain; That he in such a house in Oxford should erect, and set up a Colledg-Hall of Scholars, Chaplains, and others, to continue for ever under the name of the Hall for the Scholars for the Queen at Oxford; which shall be governed by one Precedent of the said Scholars, according to the appointment of the said T. S. And that the said T. S. may grant the said house to the said Precedent and Scholars 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 Licence, and endow it with Lands not less than 10 l. nor more than 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, etc. 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, etc. to such an end, to build an Hospital upon it. H. 8. thereupon licenced 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 only. It is said, That this without more words, will make it a Corporation.  
For the Reforming of the abuses in the making of Cloth in Norwich and Norfolk.  
That there be and shall be a 
Corporation of Precedents, 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 Precedents, 12 Wardens, and 40 Assistants: All which are to be Master-Weavers within the places aforesaid. And one of the said Precedents, and six of the said Wardens, and 20 of the said Assistants, shall be yearly chosen upon the last Wednesday in the month of November, at some public 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 Precedents, six Wardens, and 20 Assistants, shall be chosen on the same day in some public 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 days, etc. take the Oath set down in the Act. And that the said Precedents, Wardens, and Assistants for the time being, shall for ever hereafter in name and fact be one Body Politic and Corporate in Law to all intents and purposes, and have a perpetual succession, and be called by the name of the Precedents, Wardens, and Assistants of the Worsted Weavers of the City and County of Norwich, and County of Norfolk, and Sue or Plead, etc. 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 precedent and Society for the Propagation of the Gospel in New-England.  is a Model 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 Precedent, Treasurer, and 14. Assistants. And that A. B. C. D. etc. 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 Precedent, and another of them to be the present Treasurer. And that they, or the greater number of them, shall choose a new Precedent Treasurer, or Assistants, so ofr as any of them shall die or be amoved. Which said Precedent, Treasurer, and Assistants for the time being, shall be for ever hereafter in Name and Fact one Body Politic and Corporate in Law to all intents and purposes. And shall have perpetual succession, And shall be called by the name of the Precedent 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, etc. 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 successors yielding Rent. This is a good Corporation whilst it doth continue, and until 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 Bailiffs, 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 employed 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 Governors 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 express the words, design the place, appoint the number, and gift, and name all in the Charter, so that it is a complete 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 showed) 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 pieces of them, and lay down the effect of all the passages and pieces 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 only 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 employed to the public use of the Corporation. To be visited by the Governors. To make Ordinances, That the Ordinary shall not visit it, Licence to purchase in Mortmain, and some general Clauses and Prouisoes. 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 outlawed in Civil Actions, The Forfeitures by penal Statutes, Recognizances, Hundreds, Courts and Conusance of pleas, Fairs, Markets, Wayfs, Estrays, Treasure Trove, Deodands, Exemptions from serving in Offices, Juries, payment of Toll, Picage, etc. The Assize of Bread and Beer, Pillory and Tumbril, 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 dependence, 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 unlawful; 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 general, 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 than 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 precedent.  
We will now look over the several Parts, Heads, and Clauses of the Charter, and make observations upon them apart.  
The Charter always made 
The Title of the Supreme Magistrate.  by the Supreme Magistrate, it doth begin with his Name, Title, etc. after this manner: Oliver Lord Protector, etc. 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 always 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 Patents. 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 ye, That We our of, etc. Have ordained and granted, And by these presents do grant, That the same City, 
For a City or Town.  Town, and Parish of G. from henceforth for ever, shall and may be, and is hereby made, tuted, and Ordained to be for ever a free Burrough and Village of itself. And that all and singular the Inhabitants of the same City and Town, and the Parishes thereof, and their Successors from henceforth and for ever, may and shall be one Body Corporate and Politic in Deed, Action, and Name, of the Mayor and Aldermen of the Burrow of G. in the County of G.  
Or thus: That the same Mayor, Cominalty, and City, shall for ever hereafter stand and be Incorporated, established, and founded in name, and in Deed, a Body Politic and Corporate, to have continuance for ever by the name of the Mayor and Aldermen, etc. And that they by the said name shall and may have power, ability, and capacity to grant, let, acquire, and get, sue and be sued, and to do, perform, and execute all and every other lawful Act and thing, good, necessary, and profitable for the said Incorporation, in as full and ample manner to all Intents, Constructions, and Purposes, as any other Incorporation, or Body Politic or Corporate, fully and perfectly founded and Incorporated, may do. And, We do erect, make, ordain, create, constitute and declare for Us and Our Successors, the same to be one Body Corporate or Politic in Deed, Action, and Name, really and fully by these presents.  
Or for an Hospital thus; That 
For an Hospital.  the same Governors and Hospital shall for ever hereafter stand and be Incorporated, established and founded in name and in deed, a Body Politic and Corporate, to have continuance for ever by the name of the Governors of the Hospital of, etc. And that the said Governors may have a perpetual succession. And by that name be, and shall be and continue, persons able and capable in the Law from time to time, etc. Or thus: And that for the maintenance and continuance of the said Hospital, etc. And that the same may take the better effect. That the said persons, etc. be one Body Corporate and Politic, to have perpetual Succession for ever to endure; We do by these presents for ever hereafter fully and really Incorporate, etc. to have capacity and ability to take, etc. This part of the Charter hitherunto, is the main part; as that wherein all the necessary Clauses of the Charter, And wherein the five things of the essence thereof, (as we have showed) is comprehended. That which followeth is not so essential.  
It is usual to give the limits and bounds of the Corporations by some such words as these: That all the houses and buildings, Lands, Water, Watercourses, soil, and ground situate, lying and being within the City or Town of G. and the Parishes within the same, from henceforth and for ever are and shall be within the limits, meats, bounds and Jurisdiction of the said City of G. and the Incorporation aforesaid.  
Or thus; We declare and appoint, That the said City of G. and of the Corporation and the compass, precincts, and limits thereof, and the Jurisdiction of the same shall from henceforth extend and reach itself, and may and shall be able to extend itself as well in length and breadth, as in circuit, to such and the like bounds and limits as the same from the time whereof the memory of man, etc. hath extended itself; that is to say, From, etc. Or thus, That the Limits and Jurisdiction of the said Corporation shall be as followeth; that is to say, etc.  
And as to this, we are to know,  
1. That the Lo. Pro. cannot extend it to prejudice any other man's interest; but however, it is very good and safe to describe it by some such like words as before.  
2. It may be enlarged beyond its former limits, and something more united to it.  
There are divers other Clauses besides the words of Incorporation usually inserted into Charters for Corporations; The which we shall name by particulars, and then give our Observations upon them as they lie.  
It is usual to insert the Clause 
To Sue or be sued.  to Licence and authorise the Corporations to sue and be sued, by some such like words as these. And that they by the name of Mayor and Cominalty of G. may sue and be sued, implead or be impleaded before any Judge, in any Courts or places that are or shall be within this Nation, and in all manner of Suits and Actions whatsoever, and of what nature soever the same shall be.  
As to which we shall observe, 
Observation.  That this Clause is needless in Law. For this power to sue and be sued, is incident to every good Corporation, and yet it is not amiss to express it.  
It is usual to put in a Clause, 
To hold in Mortmain.  that they may buy and hold Lands, Goods, and Chattels, to this purpose: And that the said, etc. and Successors, shall be for ever persons able and capable to purchase, have, take, and possess in Fee-simple, Lands and Tenements, Rents, and other possessions whatsoever, within or without the same City or Corporation, to them and their Successors for ever, without any other Licence, so as the same exceed not the yearly va●ue of 200 l. a year, the Statute of Mortmain, or any other Law to the contrary notwithstanding.  
As to this, we observe;  
1. That by this Licence to 
Observe.  alien, there is no power added or given; nor is it needful, for they may do it without leave. And this Clause is therefore superfluous, for it is incident to the Corporation. And this Body may buy, sell, give and grant, take and have, as well as any natural body or single man by Law may so do.  
2. Only this; for Land of Inheritance, if the Corporation purchase of this without Licence of the Lo. Pro. it is in danger to lose the Land, upon the Statute of Mortmain; therefore this Clause is necessarily to be inserted by some such like words as those before spoken of.  
It is usual to insert a power 
Common Seal.  to make, keep, and use a Common Seal by some such like words as these: And we further will, etc. That the said Mayor and Cominalty for the time being, and their Successors shall have and enjoy for ever a Common Seal; wherein shall be engraven the Name and Arms, etc. whereby the same Corporation shall or may seal any manner of Instrument touching the same Corporation, Or the Manors, Lands, Tenements, Hereditaments, Annuities, Goods, Chattels, and other things thereunto belonging, And which they may make and use for the doing of all things in any wise touching or concerning the same Incorporation. And that it shall be lawful for them and their Successors at any time hereafter to break, altar, or change the same at their pleasure.  
It is usual in these Charters 
The Order of Government.  by way of Grant or Direction from the King, to set down all the form of Government, the numbers and names of their chief, and other Officers, and whereof their Common-Council shall be made up, and what Officers and Members there shall be, how chosen, sworn, continued, and removed, to this purpose; That there shall be a Mayor, Recorder, 6 Aldermen, and Common-Council. That 20 be chosen out of the Inhabitants for the Common-Council, That out of these the Mayor and Aldermen shall be chosen. That 12 of these 20, (whereof the Mayor, Recorder, or four of the Aldermen, or any two of them, to be two) shall make a Common-Council to make Orders, etc. How and when they shall meet, To appoint what Officers shall be in the whole Corporation; To say, that there shall be besides the Mayor, aldermans, Recorder, Justices of the Peace, a Custos Rotulorum, a Town-Clerk, Clerk of the Market, and Coroner, Clerk of the Peace, two Chamberlains, a Sword-bearer, two Sergeants at the Mace, one Bailiff, a Clerk of the Statutes, two High Constables, etc. To appoint how Officers and Members shall be from time to time elect. To name the present Mayor, Recorder, Aldermen, Councel-men, and Officers. To set down what shall be done to them that refuse the Office or place being chosen; How they shall be sworn, continue in their place, or be removed upon death or misdemeanour, and others put in. And so otherwise as the Government is constituted.  
1. All this we look upon as 
Observe.  not necessary to be inserted in the Charter, for they are not of the essence, for they may govern themselves without this; or, haply, they may do it in another manner than is set down: but it is providently done, and the best way to insert and express it in such a manner and such words as is usual, let them be of what force they will in Law.  
2. Albeit it be expressed in the Charter, that the Choice of their Mayor, Bailiffs, or other principal Officers, shall be by the Cominalty, yet, if by a long usage they have chosen them by a select number of the principal of the Cominalty, or of the Burgesses, although no such constitution can be showed to warrant such Election, yet this Election is good Law, being intended and presumed to begin by common consent. Coo. 4. 77.  
It is usual to have inserted in 
Sword Cap of Maintenance, etc.  the Charter, a Power to use a Sword, Maces, Cap of Maintenance, Arms, and such like Ceremonies. And it is best so to express it, that the use thereof may be without dislike, and without Question.  
It is usual in these Charters, 
Justices of Peace.  to provide for the making of Justices of the Peace, and for the exercise of their power within the Corporation, to this purpose. Either that the Mayor, Recorder, and all the Aldermen [or such a number of the most Ancient Aldermen] shall be always so, or that they be chosen by the Corporation every year. And that these so chosen, shall have and execute all the power of the Justices of the Peace; And that such a number of them, whereof the Mayor, Recorder, etc. to be 3, or 4, be a part, may hold Sessions; And that other Justices shall not intermeddle there. Sometimes it is added, That the Corporation may not withstanding send their prisoners for the greater offences to the County-Goal, and that the Sheriff shall receive them.  
Upon which branch we observe:  
1. That the best way of the 
Observe.  making of the Justices of the Peace by the Charter, is the first way. For we cannot approve the election of Justices by the Corporation. And so this power may be limited or restrained, that they may or may not hear and determine greater offences, etc.  
2. This Grant of power is 
Observe.  good, and shall be taken and may be exercised in a Corporation, as when it is in other men.  
It is usual to insert a Clause, 
That other Officers shall nor intermeddle there.  to prohibit the Justices of the Peace of the County, to intermeddle there in any thing concerning the Office. So for the Sheriff, Clerk of the Market, and Coroner's Office. And this is useful and sufficient to keep them out from intermeddling there.  
It is usual to have Grants in 
Felons goods, Fines, Issues, Amercements, Waiffes, Estrays, etc.  the Charters to the Corporations, of all forfeited goods of Felons, Fugitives, and persons outlawed in Civil Actions; And all Wayffs, Estrays, Treasure Trove, and Deodands happening in the place, The Forfeitures by Fines, Issues, Amercements, and upon penal Statutes, Recognizances forfeited at any of the Courts of the Corporation, or at the Assizes or Sessions of the Peace, happening upon any that live within the Corporation, And post-fines.  
Upon which Clauses, these things are to be known:  
1. This Grant may be limited 
Observe.  or enlarged; more or less hereof may be granted as please the Prince.  
Observe. 2. The Grant is good for so much as is in it, and may be taken and used by a Corporation, as by any other body.  
Observe. 3. The Law in all points as to these things is the same, where the things are in the hands of a Body Politic, as where they are in the hands of a natural body.  
It is usual to have within 
Exemption from serving in Offices in Juries.  these Charters of Incorporations, a Grant to them, to this purpose:  
That the Inhabitants of the same shall not be forced by Justices of Assize, Oyer or Terminer, or of the Peace, to serve in Offices or in Juries in the County, and without the Corporation, etc.  
1. As to this for Juries. This 
Observe.  privilege may also be limited to Juries, but in case of Trial of Land lying within the Corporation, or the Juries for the Lord Protector, and the like.  
2. This Privilege of Exemption 
Observe.  is allowed generally; and it is but reasonable it should be so, especially where there are Jurymen enough besides.  
3. The Exemption from Offices 
Observe.  also may be good and unquestionable, as to Offices made by the Lord Protector, and the Judges, and Justices that act by his Commission; and is but reasonable, wherein there are enough of others to serve the Offices.  
We have seen also a Charter 
Exemption from payments.  that hath granted an Exemption to the Inhabitants of the Incorporation, from the payment of Toll, Piccage, and the like payments in other places. And as to this Clause we say,  
That, where such a payment 
Observe.  is time out of mind to be paid, and this in the Lord Protector's own hands, it may exempt. But if it be in another hand, and granted away before to another, or another hath right to it by Prescription, the Charter will not Exempt.  
It is usual also in these Charters, 
return of Writs.  to grant a part of the Sheriff's Office, or the return of Writs to the Corporation, to this purpose: And that the Corporation & Precincts thereof be a distinct Bayliwick and Liberty of itself. And that the Mayor for the time being, & his Successors, be the sole Bailiff, and shall have the return 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 only is 
Observe.  to be said;  
That this Franchise may be as well granted to a Body Politic 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 Trial 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. jac. 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 days of the old Markets or Fairs. And to grant to the Corporation the Pypowder Court, and Incidents and profits of the Fair.  
And all these Grants are good, and may be used, taken, and 
Observe.  enjoyed accordingly. This only 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 
Observe.  providing for these Officers, and not the so safe to make them by the election of the Corporation.  
It is usual 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 Assize of Bread and Beer. And this is good.  
Some Charters have this 
Acknowledging of Statutes.  power in them, That the Mayor, etc. of the Corporation shall take the Conusance of Statutes and Recognizances 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 
enrolment of Deeds.  power given by them to the Corporation, That it may take the Acknowledgement, and make the enrolment of Deeds before such an Officer there.  
That which we observe upon 
Observe.  this, is,  
1. That no enrolment can be made there of any Deed of bargain and sale of Lands, whereby any  passeth, but where it is Enrolled 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 
Observe.  Corporations where Recoveties, Deeds, and Releases have been acknowledged, taken, and Enrolled, they may be so still, and good. But not otherwise. Stat. 34 H. 8. chap. 22. 5 Eliz. chap. 26.  
Some Charters forbidden the 
Not to make Leases.  making Leases of the Land of the Corporation for longer time than 21 years, with the old Rent, etc. 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 
Observe.  Clauses show 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 usual 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 amiss to annex 
Without Fine or Fee.  to the end of the Charter, That it shall pass 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 usual 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, Privileges, etc. 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 lawful privileges, powers and benefits, They have and use, or any of their predecessors at any time within 60 year's last passed, had or used, or aught to have had and used under pretence of any Charter, or by prescription, although the same have been discontinued or forfeit, etc. And that no Officers of the King shall hereafter interrupt them therein. And this clause may be used still, but it operateth little in law where no particulars are expressed.  
It is usual to have within it 
Saving to Strangers.  also a saving to strangers of all their Right and Title, And that no prejudice be done to them, by this Charter. And this is a good clause to be inserted to declare the Lord Protectors mind, and the true meaning of both sides. And it is also usual to add a clause to this purpose.  
That the Incorporation shall 
Not to waste 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 aught, whereby any thing given in the place to pious or charitable uses may be wasted or misemployed against the mind of the Founders; But that the Charter be construed in advancements of Religion, Justice, the public good, and to suppress the contrary.  
This clause also albeit it may 
Observe.  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 etc.  some Charters; That none shall use the Trade, not having been Apprentice, nor be Apprentice for less than seven years, nor keep away another's Apprentice from him, nor get away another's work and Customers by sinister means under pain of five pound.  
As to these kinds of clauses of 
Observe. Trussell & Norris his case, 15 jac. 10. B.  prohibitions to forbid unlawful things, it is not amiss to insert such, but the pain cannot be imposed, nor can any such sum be so imposed by the Charter.  
It is usual 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 Journeyman, or, that no Foreigner 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 Society of the Trade, or, till he pay such a sum of money.  
Or, that a Foreigner 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 illegal Imposition, or charge: As thus, That every one that comes over a bridge there pay a small sum towards the repair of it or the like; and such like restraints or impositions that are against the common Liberty of the Subject, all these generally are void in Law, Stat. 19 H. 7. chap. 2. 22 H. 8. chap. 4. 25 H. 8. chap. 5. So clauses of Charters that restrain 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 Custom of the place.  
So Charters that have Clauses to give power to imprison men's bodies, set great Fines, sell men's 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, etc.  to make Justices of Peace, or of Oyer and Terminer, pardon Felonies, and the like. These are all illegal and void; For they are royal 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 expressed 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 usual to put into the Charter a power to make Laws 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 wholesome and good Laws and Ordinances, for the better Government, Oversight, and Correction of the same City, and the people thereof; and to add, altar, diminish or reform them; as to them shall seem good, and be thought meet. So as they be not repugnant to the Laws of the Nation, against the public 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 
Observe.  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, 
Observe.  that they may not make Ordinances repugnant to the Laws, etc. 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 Chancellor, Lord Treasurer, Loras Chief justices 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 public, 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 Confirmation of Lords or Judges make such an Ordinance or By-law good.  
4. But a Corporation may make such By-laws and Orders, as any Town, Parish, or Neighbourhood of men by the very Common-Law may make, by a general consent for the better Government of themselves, and common good of the place. And if it be for the public good, not only of the place, but of the Country; as for the repair of their Churches, Bridges, Highways, or the like; there the greater part may bind the lesser part of them. And in this case, upon disobedience, it is good to appoint the penalty to be given to the Corporation, and to be levied by distress and sale of the goods, and an apt Officer to do it; as the Churchwardens for the Church money, and Surveyors for money for the Highway, or how they will. And upon such an Order made by general consent, the Officer may do it, and justify it accordingly. But they cannot, by this, charge any strangers that dwell without the Town. Also by Custom and Prescription they may perhaps go further, and do more, where, time out of mind, they have used so to do; as in London, and some other ancient Corporations, they may by Custom or Prescription justify the doing of some things against common Right. So, a Custom, That a Foreigner within the City shall not sell things by Retale, is good. So also, if it be that he shall not sell so, under pain of 5 l. But this is not good by way of Charter. And therefore Cities which are incorporate within the time of memory, cannot have such privileges without Parliament. Coo. 8. 125. Dyer 279. But an Ordinance made amongst themselves in pursuit of such a Custom, may be good and binding. But otherwise, an Ordinance made to such a purpose, will be utterly void.  
5. Also a Corporation may make any Reasonable Orders and By-laws for the better Government thereof, in the ordering of the Common. Council-Officers and Members; And for the better ordering of the Trades and Mysteries, and other matters amongst them, either by a common consent, and voluntary submission of the whole, or by their Council, according to their Charter of Constitution.  
6. They may also make any Orders in pursuance, and for the better execution of the Laws and Statutes of the Nation, and to prevent deceit, as for the better ordering and Government of Trade, and the like. And all these will be good, without any Confirmation of Lords or Judges. Coo. 5. 63. Hobbard Rep. 211. Coo. 11. 53. 11 H. 7. 14. 44. Ed. 3. 19 Coo. 10. 30.  
We shall now lay down some Examples of Cases, to prove and illustrate these Rules and Differences.  
An Ordinance was made, 
Coo. 8. Case of the City of London.  That no person, not a Freeman, shall directly or indirectly by himself or other, keep shop or any place whatsoever for show, or putting to sale any Merchandizes whatsoever by way of Retail, or use any Trade, Mystery 
Dr. Bonham's Case. Coo, 8. 115. etc.  or Occupation, for their gain or sale in the City of London. And it was agreed, That this Ordinance was not good there, if they have not a Custom and Act of Parliament to warrant it. And therefore a Charter granted to this purpose to any City is not good. And 
Coo. 8. 125. The Case of the City of London.  it is said, That no Corporation made within the time of memory, can have such a privilege by Charter only, unless it be confirmed by Parliament. So that goods foreign bought, and foreign sold, shall be forfeit to the Mayor, etc. as in York is a good Custom, but this privilege cannot be created by Charter: So that a Corporation shall have the sole Trade of 
Case of the City of London.  making and Importing of playing Cards, is not good.  
Hen. 6. granted to Corporation of Dyers in London power to search, etc. And if they find any Cloth died with Logwood, that the Cloth shall be forfeit. It was adjudged, 
Austin's Case.  that by a Charter no Forfeiture can be made of the goods of a Subject.  
An Ordinance was made, That no person using any of the said Trades within the village of Ipswich, shall keep any shop or chamber, or use the same Trades, or 
Coo. 11. 53. Taylor of Ipswich ' s Case.  any of them, or take an Apprentice or Journeyman to work, till they have presented themselves to the Master and Guardians of the Society for the time being, or three of them, and made proof, that they have served seven years as an Apprentice, and before that he be by them allowed to be sufficient Workman, under pain of 5 Marks to be forfeit to the Masters and Guardians. It was adjudged to be an unlawful Ordinance, and void. And these 4 points were agreed upon by the Judges, in that Case. 1. That at the Common-Law none may be prohibited to exercise any Trade, although he hath never been an Apprentice to it, or be ignorant. But that if he misdo any thing in it, an Action of the Case lieth. 2. That this Ordinance or so much thereof as is not prohibited by the Statute of 5 Eliz. is against Law; for after seven years' Apprenticeship, he may exercise his Trade without allowance of any. 3. That the Statute of 5 Eliz. doth nor prohibit the private exercise of any Trade in a Family; this is therefore out of the Ordinance. 4. That the Statute of 19 H. 7. cap. 7. doth not corroborate any Ordinance against Law, albeit it be allowed according to that Statute. But the allowance dischargeth the penalty of 40 l. for the putting of such an unlawful Ordinance in use.  
A Corporation regularly cannot impose the novo, a small payment on the people, But by help of a Custom or Prescription for it, as in London it may be good. And such a reasonable Ordinance may be made, and a penalty or Fine set that is reasonable, for breach of it; And appoint, that there shall be a distress taken, or Action of debt brought for it; this may be good. Taylor of Ipswich's Case. Coo. 5. 63.  
But they cannot annex Imprisonment, nor a Forfeiture of Goods bought or sold; for this is against Law.  
The Company of Merchant-Taylors in London made an Ordinance, That every brother of the same Company that shall put any Cloth to be dressed by any Cloathworker not being a brother of the same Society, shall put the one half of the same Cloth to some brother of the same Society, that doth exercise the Art of Cloathworking under pain to forfeit ten shillings, and to distrain for it: It was adjudged void, and against the liberty of the Subject, that one may put his cloth to dress where he will, and may not be restrained from it. Coo. 11. The Case of Monopolies.  
The Common-Council in London Ordain, That the Bricklayers shall not be Plasterers with Lyme and Hair, but with Lyme and Sand, under pain to forfeit forty shillings: And that the Lime and Hair belongeth to the Plasterers. This was resolved by the Court to be a good Ordinance; for it is for the ordering, and not the destruction of Trade; For (for any thing appeareth) it is indifferent to which of the Trades it doth belong, and so the Ordinance doth but determine the Question amongst the Companies. But if the daubing with Lyme and Hair belong to the Bricklayers then by the Chief Justice it is otherwise.  
Goodyer brought an Action of 
B. R. 21 jac.  Trespass for an Assault and Battery, and wounding of his Servant, and taking 12 platelocks, against Shaw. The Defendant Shaw pleaded not culpable to the Assault and Battery, and Wounding; and as to the taking away of the Locks, he pleaded a special Plea of Justification, by virtue of Letters Patents of Incorporation granted to the Locksmiths of Durham, by Cuthbert Bishop of Durham, who had jura Regalia within the County Palatine of Durham, and that by virtue of this Charter, the Locks being not good, he as Warden of the Company did take them. To this Plea the Plaintiff demurred, and for cause it was showed, that it appears not by the Plea, that the Blacksmiths are a Corporation created by the Bishop, but only that the Customs used amongst them in order to the Regulating of their Trade, were confirmed by the Bishop, which doth not make them a Corporation. Blow. F. 199. Longquint. F. 40. 41. 2. It doth not appear by the Charter, that they have any Authority to take away ill-made Locks; and therefore Judgement was prayed for the Plaintiff. Rolls Chief Justice said, That here doth not appear any Order made by the Corporation to take away the Locks, and therefore it was done without Warrant, though the Corporation had such a power. But besides, it will be very hard to maintain the Lock-smiths to be a Corporation, because the Bishop confirmed their Orders. Therefore let the Plaintiff have his Judgement. Nisi. style's Reports. 298.  
The Corporation of St. Albon, when the Term was to be there, rated all the Inhabitants and Burgesses a small sum to build Courts; and Ordained, That if any Burgess refused, he should be Imprisoned: And it was adjudged to be nought: But resolved, That they might 
Coo. 5. 64  have inflicted a reasonable penalty, and appointed it to be levied by distress; or that an Action of Debt might be had for it.  
A By-law was made to this purpose, That Commodities be sold on the Marketday in public, and not in private and secret; it seems is good, and no Prescription against it shall be admitted good. For in London this Ordinance was made, That if any Citizen, Freeman, or 
Coo. 51. 62.  Stranger within the said City shall put any Broad-cloath to sale within the City of London, before it be brought to Blackwell-Hall to be viewed and searched, so that it may appear to be vendible, and before there be a penny paid for hallage for every cloth, that he shall forseit for every cloth 6 s. 8. d. and that the Chamberlain shall have his Action of Debt; for it was adjudged good here. And there it is said, That the Assessing of a small sum by an Ordinance, when it is for the public good, and not the private gain of the place, where the stranger hath more profit than loss, is good. And so perhaps a small sum for Ponrage, Murage, or Toll, may be put where it is more benefit than loss to the people. But Quere of this, and see 13 H. 4. 14. 44 Ed. 3. 19 8 Ed. 2. Tit. Assize. 21 Ed. 4. 54. 11 H. 7. 13. 21 H. 7. 21. 40.  
Robert Norris, and Thomas Trussells, Wardens, and the Society of Weavers in the Burrow of Newberry, in the County of Berkshire, brought an Action of Debt for five pounds, against john Stapes, and declared, That Queen Eliz. by her Letters Parents, 14 Octob. An. 44. at ●he request of the Inhabitants there using the Art of Weaving; and to the intent that Corruption therein might be taken away and avoided, etc. did grant to all Weavers within the said Town to be a Body Politic, by the name of the Wardens and Society, etc. as before, and to have perpetual Succession, and a power to purchase, to plead, and to be Impleaded: And also power to make Laws and Ordinances agreeable to Reason, and not in any wise contrary and repugnant to the Laws and Statures of the Realm, for the well government of the Society, Apprentices, and Servants, and all using the Trade of Weaving or selling any thing thereto belonging within the same Burrow, And power to inflict punishment by Imprisonment, Fine, or Amercement upon the offenders. And Granted further, That the said Wardens and Society shall have the survey of those Laws, and the benefit of the Forfeitures; And that no other person, born within or without the said Burrough, shall exercise the Art of Weaving within the said Burrough, if he shall not be admitted thereto by the Wardens and Society. And they recite the Act of 19 H. 7. Cap. 7. of not putting of any Law or Ordinance in execution, before it shall be allowed by the Lord Chancellor, Treasurer, and two Chief Justices, or three of them, or before both the Justices of Assize in their Circuits, upon pain of forfeiting forty pounds. And shows, that one Cuthbert Goodwin, and john Hame, Wardens of the said Society, with the greater part of the said Society, I Maii. 45 Eliz. at the Guild. Hall within the said Burrough, made divers Laws and Ordinances for the better Government of Weavers; And that the 18 Novemb. 1. jac. the said Orders were confirmed by the Lord Chancellor, Lord Treasurer, and Lord Anderson, one of the Chief Justices; among which, one was, That none should use the Art of Weaving within the said Burrough, or should have any Loom in his house or possession, to have any benefit thereby, unless he had been an Apprentice to the said Art within the said Burrough, for the space and term of seven years, or had used the said Art within the said Burrow for five years before the making of the said Ordinance, or shall be admitted thereto by the Wardens and Society, upon pain of forfeiture for every month twenty shillings. And they further show, That after the said Ordinance made and confirmed, the Defendant (such a day) before his inhabiting in the said Burrough; and after (such a day) that one William Goodwin being then Warden of the Weavers, gave notice to the Defendant of the said Ordinance. And that he afterwards, etc. during five months continued using the said Trade there: And that he had two Looms in his possession, where he had not been an Apprentice, nor used the said Art for five years, as before, etc. by which he forfeited to them five pounds, viz. for every month twenty shillings. The Defendant pleaded, Nil debet and after Verdict for the Plaintiff, it was moved in Arrest of Judgement, that this Ordinance was not reasonable. And upon Arguments and Conference, without Arguments at the Bench, it was agreed, That the Ordinance was against Law; and Judgement against the Plaintiffs.  
And Lord Hobbart in Hil. 15 jac. declared, that we were all of opinion, that Judgement should be given against the Plaintiffs: And he repeated the Case, and the reasons of this Judgement, because the Ordinance was, That none should use the Trade of Weaving, nor have any Loom in the Town, unless he had served, etc. before the making of this Ordinance; so that all Apprentices which serve after, shall be excluded, unless they shall be admitted by them, which is unreasonable: And the Plaintiffs do not convey to themselves any good Title to be Wardens. But as to the principal point of making such a restraining Ordinance, the Court did not deliver any opinion.  
The City of London made a By-Law, That none of such a Trade should take to his Apprentice the son of an Alien: And if he did, That the Obligations and Covenants made between them, should be void. It was adjudged a void Order, and that the Covenants and bonds of binding that Apprentice were good. Doggerel. vers. Powks. Trin. 37. Eliz.  
The Precedent and Censors of the College of Physicians in London, by colour of Letters Patents of H. 8. and 1. M. Fined and Imprisoned Doctor Bonham, for practising of Physic in London without their allowance, (the Fine to be paid to them) and for contempt made to the College; Whereupon he brings an Action of false Imprisonment; And it was adjudged for him. And in this Case resolved;  
1. That in this Case they have no power to punish by Fine and Imprisonment, those who practise without their Licence, but those practisers who mis-administer Physic.  
2. Admitting they have power given them, yet they have not pursued it according to the Statute and Patent. Coo. 8. 14. Doctor Bonham's Case.  
An Ordinance made by any Masters, Wardens, or Fellowships of any Crafts, or Rulers of Guilds, or Fraternities, That every Apprentice shall pay at his first Entry into the Common-Hall, into the Wardens of the same Fellowship for his Entry into the Fellowship, above two shillings six pence; or for his Entry when his Term is expired above three shillings four pence, is against Law by the Statures of 19 H. 7. 7. 22 H. 8. 4. 28 H. 8. 5. So an Order, that they shall not set up after they have served their time, and are Freemen, or open any Shop, House, or Cellar; or occupy as Freemen, without the Agreement or Licence of the Master, Warden, or Fellowships of the Company. This Ordinance is void by the Statute of 28 H. 8. chap. 5.  
So that every such Apprentice shall make Oath, or enter into Bond to the Warden, etc. not to set up shop otherwise. Stat. 28 H. 8. 8.  
It seems then by these Cases, That if a By-law be made by Victuallers Incorporate and by Compact not to sell their Victuals but at certain prices; or if the Corporation be of Artificers, Workmen, or Labourers, And they conspire and make a By-law, to work to such a proportion, or such a Rate; that this is void. Stat. 2. and 3 Ed. 6. 15.  
So an Ordinate to restrain Masons, Carpenters, Brick-layers, Plasterers, Joiner's, Hardewers, sawyer's, Tilers, Paviers, Glasiers, Lyme-burners, Brick-makers, Tilemakers, Plumbers, or Labourers, Strangers that are not Freemen there to work in the place, except it be in the City of London, is not good. Stat. 2 & 3 Ed. 6. 25. But Ordinances made upon pursuance of the power they have by divers Acts of Parliament, as about Victuallers, the Assize thereof, Gauging of Barrels, Maulsters, and the like, these being wisely penned, may be good. So such as are made for the Order and Government (which is for the furtherance and Increase) of Trade, may be good. Coo. 5. 63.   

SECT. IX.  
Some other general Rules, needful to be known about a Corporation.  
A Corporation is a Body only in consideration of 
The Nature and capacity of it.  Law, and not like to a natural Body, for it cannot commit Treason, be Outlawed, Excommunicate, appear in person in a Court, be Sworn, Dye, and other such like Acts which a natural body may do; yet may it give and grant, have, and take, sue, and be Sued. Coo. 10. Suttons' Hospitals Case.  
2. The Members of a Corporation have a double Capacity; for they retain, as their natural Bodies, so the natural capacity thereof still, to do and be done unto, have and enjoy in that capacity as they did before they were Members of the Corporation: 
The capacity of the single Members of it.  And so they may dispose of that Estate they have in their natural Capacity as they did before; And if such a Member die seized of Land, it will go to his heir: if possessed of Goods and Chattels, they will go to his Executors, or Administrators, and not to the Corporation. And as they are Incorporate 
Double Capacity.  with the rest of the Corporation, they are in another capacity; so that if they have any Lands, Goods, or Chattels with the Corporation, they alone cannot dispose of it; And if they die, it will not go to their Heirs, or Executors, but to the Corporation. And so they may still do, suffer, or be done unto in either of these capacities. Yea in a divers capacity, they may act under the same Corporation; so one Member of the Corporation in his natural capacity, may be a Bailiff or Attorney, may make a demand of Rent or Entry into Land, for the same Corporation whereof he is part. Yea a Grant or Lease made by the Corporation in the Politic capacity, to one of the members thereof in his natural capacity is good. Yea, if any one of the members of a Corporation be seized of land in his own right, and in his natural capacity, he may make a Feoffment of this land to the same Corporation whereof he is a member. And so a man in a divers capacity may both give and take at once. 10 H. 7. 16. 5 H. 7. 26. Broo. Corp. 4. Perk. 11.  
2. A Corporation cannot be 
How to be known.  without a lawful commencement; it hath a common Seal, and the head or heads thereof, is or are commonly eligible, and not presentable. Dyer. 81.  
4. One Corporation cannot make another, and yet many lesser Corporations may be made 
One Corporation cannot make another Corporation.  within a greater, as in London, and other Cities. Broo. Corporations 45, 46.  
5. A Corporation may change its name, and continue good, and 
Change its Name.  it may perhaps have two names given it, the one after the other. but if it buy or sell, sue or be sued, it is best to be done by the new name. And yet perhaps it may be good enough by the one, or by the other name. Broo. cap. 3.  
6. The Head alone without 
How it may act.  the Members, or the Members alone without the head of a Corporation aggregate regularly, cannot act any thing about the disposal of the revenues of their Corporation, especially in that wherein there may be a prejudice to the Corporation; but there must be an unanimous consent in it, and it must be done by their common Seal. And no Act otherwise done by the one party without the other, for the passing of their Lands, or for acceptance of Rent, or the like, will bind the other party. Coo. 11. 79. Plow. 91. 5. H. 7. 25: Perk. Sect. 30. 32. 6, 7.  
7. A Corporation may have, 
What it may have  enjoy, and retain, Lands, Goods, and Chattels, and have debts by bonds, and take and hold, and make use of engagements, as a body natural may do, with this difference. That all that which the Corporation hath, doth go in succession to the whole Corporation. But if any engagement be to one of the members, or he have any private estate, this will go to his heirs, and Executors. But for lands purchased by a Corporation, for the enjoyment thereof, it must be sure it hath in their Charter a Licence, to hold land in Mortmain; otherwise the Lord Protector may by Law have it from them, as forfeit to him.  
8. The Head and Members 
Grant by or to it  of a Corporation aggregate, may all together under their Common-Seal make a Feoffment, or Lease of the Land belonging to the Corporation, to whom they please: but if they make a Fe. offment, they must make Livery and Seisin by Letter of Attorney, under the Common-seal, or they may grant by fine the lands of their Corporation, as the members of the Corporation may grant their own land by fine. Plow. 535. 538. 
Leases made by Spiritual persons Incorporate.   
But the persons Corporate in Colleges or Halls in either of the Universities, or elsewhere, the Masters or Guardians of Hospitals, cannot make any Leases for longer time then for three lives, or 21 years. And these things are requisite to be observed in the making of these Leases also; otherwise they will not be good:  
1. The Lease must be of Lands manureable, and corporal, whereof a Rent may be reserved, and not of any thing that doth lie in grant. Such is an Advowson, Marker, Fair, Portion of Tithe, or Rend out of lands, albeit it be made for three lives, or one and twenty years, yet it is not good.  
2. Such Leases must be by Deed Indented, and not by Word only, or by Deed-Poll only.  
3. They must be made to begin from the time of the making thereof. And therefore a Lease made by such a Corporation to begin from Michaelmas, which shall be three years, for 21 years; Or a lease made to begin after the death of the head of the Corporation, for twenty one years, is not good. But if a Lease be made from the day of the date of the Lease, this is good. Coo. 5. 6. Dyer 246.  
4. If there be an old or former Lease in being of the Land, the same must be surrendered or expired within a year of the time of making of the new Lease. And this surrender must be absolute, and not conditional; also it must be real, and not illusory, and in appearance only. Coo. 5. 2.  
5. There must not be a double or concurrent Lease in being at one time, as if a lease for years be made according to the Statute, the College cannot afterwards expulse the Lessee, and make a Lease for lives, or another Lease for years, according to the Statute, nor é converso. But if a Lease for years be made to one, and afterwards a Lease for life is made to another, and a Letter of Attorney is made to give Livery of Scisin upon the Lease for life; and, before the Livery made, the first Lease is surrendered; in this case the second Lease is good. Coo. 52. and Spark's Case, Trin. 4. jac. B. R.  
6. These Leases must not exceed 3 Lives, or 21 years from the time of the making of them. And therefore a Lease made by the Ecclesiastical Corporation, of the Lands they have in right of their Corporation for 22, or 44 Years, or for 4 lives, is void; and that not only for the Overplus of time over the three lives or 21 years; but it is void for that time also. And it hath been resolved, That a Lease made by them for 99 years, if three lives so long live, That this Lease is not good. Nor will it help to make the Lease good, if one of the 4 lives where it is so made, die before the Head of the house die, nor any such after-Accident. But a Lease made by them for a less time, as for 20 years or two lives, is good.  
7. It must be of Lands or Tenements which have been most commonly let to Farm, or occupied by the Farmers thereof, by the space of 20 years next before the Lease made: so as if it have been let for 11 years at one or several times within 20 years before the new Lease made, it is sufficient. And albeit the letting of it have been by Copy of Court. Roll, yet such a letting in Fee for life or years is a sufficient letting. And so also is a letting at Will by the Common-Law. Coo. 6. 37. Dyer 271.  
8. There must be reserved upon such Leases yearly, during the same Leases due and payable to the Colleges or houses in Succession, so much yearly Farm or Rent, or more, as hath been most accustomably yielded or paid for the Lands, and within 20 years' next before such Lease made. And therefore if the Rent be reserved for part the time of the New Lease only, this Lease is void. And if the College have 20 acres of Land that hath been usually let, and make a Lease of these 20 acres, and one acre more never let, and add so much Rend as this acre comes to, it is void. So if it have two Farms, at two Rents, one 20 l. the other 30 l. and lease them both at 50 l. Rent; this is not a good Lease. But if upon the former leases some other things have been added as Heriots, Fines or profits at the death of the Farmers, or profits out of another's soil, and this be omitred in the New Lease, the New Lease may be good notwithstanding. And if the new Lease have more Rent reserved upon it, than the old Lease had, it is good enough. And if the old Rent were all or part of it in Corn, the New Lease must be so also, or it will not be good, And by 18 Eliz. 6. in Colleges in the Universities, a third part is required to be reserved in Corn upon all such Leases. But this will not suffice, where anciently more was reserved in Corn. And if the old Rent wore reserved at four days in the year, the New Lease must be so also; for to reserve it payable at one or two days, is not good. And if the old Rent be in Gold, it seems the New must be so also. If it be a Manor that is let, and the Rent be 10 l. and after a Tenancy Eschear, and the New Lease of the Manor hath but 10 l. reserved, it seems 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 Waste; 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 Colleges, etc. 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 Colleges that made them, so long as they continue there. But they are voidable, and may be avoided by their Successors. 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.  always 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, Bailiffs of Manors, Retainers of Servants, as Bakers, etc. no Deputation, Grant of Power, Licence, 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. Abridgement Corporation throughout.  
11. The Grant of a Corporation will bind the Successors, though they be not named in the Grant. Plow. 457.  
12. A Corporation cannot be 
Seized to uses.  seized of Land to other uses. Coo. 10. 24.  
13. A Corporation Civil 
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 natural may be. But otherwise it is of a Corporation Spiritual or mixed, such as Colleges, 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 natural 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 sum 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 Successors, (or to any other Corporation) if the Abbot and all the Convent had died, 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 Successors, 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, only they should have found a man, etc. or pay Escuage. But if they had conveyed over their Land to any natural 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 oppress 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, etc.  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 only: 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 FORMS AND PRECEDENTS 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 FORMS AND PRECEDENTS OF CHARTERS, CONCERNING Corporations.  
OLIVER, Lord Protector of, etc. 
Consideration of Inducement.  Whereas our City of N in Our County of N. is a very ancient City; and the Citizens of the said City have anciently been a Body Politic 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, Privileges, Franchises, Free-customs, Jurisdictions, Preeminencies, 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 Manors, Lands, Tenements, and Hereditaments, Jurisdictions, Liberties, Immunities, and Privileges, have heretofore been given 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 Mayor and Citizens of N. Sometimes by the Name of the Mayor, Bailiffs, and Commonalty of the city of N. Sometimes by the Name of the Mayor and Commonalty of N. Sometimes by the Name of Mayor, 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 Mayor and Commonalty of our said city of N. by the name of Mayor 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 Prisonhouse there (being 
Guildhall. Prison.  part of the said Guild-Hall) with their Ap●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 c●ty; and all Fairs and Markets usually holden, and taken and kept within the said City, and the benefits and profits, Commodities 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 Assizes 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 Privilege 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 bear 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 life 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 distrain 
Distress.  for all Rents and sums of money, payable by reason of the said premises and all other remedies and means for the having, receiving, levying and enjoying the said premises, and every part thereof. And also all Waives, Estrays, Deodands, and goods of Felons, happening and 
Waives, Estrays, etc.  being within the same City. And all sum and sums 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, Meadows, Rents, Courts, Fairs, Markets, Royalties, Services, Annuityes, Libertyes, Franchises, Privileges, Immunityes, and other possessions, and Hereditaments whatsoever, of what nature or condition whatsoever, scituating lying and being, happening, arising, or coming 
The Bishop's 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 Assigns, as parcel of the possessions of the late Bishopric of N. As by their deed of Purchase thereof, bearing date the 17th day of November, 1647. and in the 23. year of the Reign of the late King Charles, and enrolled of Record in our Chancery at Westminster, in our County of Middlesex may more fully appear. All and every which premises 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 Patents of the said late King Charles, under the great seal of England, bearing date at Westminster the 19th. day of january, in the 24. year of his Reign, as by the said Letters Patents, remaining also of Record in our said Court of Chancery, relation being thereunto had, may more fully appear. And whereas the now Mayor and Comonalty of our said City of N. have humbly besought us to be graciously pleased to grant, ratify, and confirm unto them and their Successors, all and singular the aforesaid premises, and all, and every, the Libertyes, Privileges, Franchises, Rights, Royalties, Free-customs, Jurisdictions, Preeminencies, advantages, emoluments, and Immunityes, Lands, Tenements, and Hereditaments aforesaid, and all and every other like Libertyes, Privileges, Franchises, Rights, Royalties, Free-customs, Jurisdictions, Preeminences, 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 several 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 adjoining 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, Privileges, Franchises, Rights, Royalties, Free Customs, Jurisdictions & Immunityes within the said Close, as they have or aught 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 special Grace, certain knowledge, and mere motion, have granted, ratified, and confirmed. And by these presents for sand our Successors, do give, grant, ratify, and confirm, and approve to the said Mayor, and Comonalty * &c: the aforesaid Tenement * &c: 
Express their names as before.  the Prison house, * &c: And the aforesaid Fairs and Markets, * &c: And the aforesaid Courts, * &c: And all Fines, Issues, and Amercements as well at the said Courts, and every of them, as at the Assizes 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 bear 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 process, 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 distrain for all Rents and other sums of money payable by reason of the said premises. And all other lawful remedies, and means for the having, receiving, levying, and enjoying the said premises, and every part thereof. And also all Waiffes, Est●aies, Deodands, and goods of Felons, happening and being within the said City. And 
Felons goods, Waiffes, etc.  also all and every sum and s●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 Manors, Lands, Tenements, Mills, Meadows, Feeding, Rents, Courts, Fairs, Markets, Royalties, Services, Annuityes, Libertyes, Franchises, Privileges, 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 Patents, 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 lawful Right, Title, Customs 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 certain named and specified: To have hold and enjoy all, and singular the premises 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 Compass, Precincts, and Limits thereof, and the jurisdiction of the same shall from hence forth extend, and reach itself, and may, and shall be able to reach forth, and extend itself as well in length as in breadth, as in 
[hear set forth the limits of the Corporation.] Rendering the old Rents.  Circuit, to such and the like bounds, meats and limits, as the same from the time whereof the memory of man, &c: hath extended itself (that is to say) from the end, etc. Rendering and paying therefore, yearly to Us and our Successors, such and the like Rents, Services, sums of money, and demands as have been heretofore rendered, or paid unto us for the same. Wherefore we will, and by these presents for us and our Successors, do firmly enjoin 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, Royalties, Privileges, 
General words.  Exemptions and Quittances, Lands, Tenements, and Hereditaments aforesaid, according to the Tenor and Effect of the aforesaid Letters Patents, Prescriptions, and Customs, and of this our Letters Patents, of Grant, and Confirmation, without the , hindrance, or Impediment of us or our Successors, or of any our Justices, Sheriffs, Escheators, Bailiffs, or other Officers, or Ministers of Us or our Successors 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 premises, or of any of them, by Us or our Successors, or by any of them shall not be hindered, molested, or in any wise disturbed. We also willingly and by these presents, commanding, and requiting as well the Treasurer, Commissioners of the Treasury, Chancellor, and Barons of the Exchequer at Westminster for the time being, and all other the Justices, of Us and our Successors, as also our Attorney and Solicitor general 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 Writ or Summons of Quo Warranto, or any other Writ or process whatsoever, against the aforesaid Mayor & Comonalty of the City aforesaid, or their Successors, or any of them, for any causes, things, matters, offences, claim, or usurpation by them or any of them heretofore unduly claimed, 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 Successors, or any of them by any of the Persons, Justices, Officers, or Ministers aforesaid, in or for the undue use, Claim 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 james, made and granted to the said Mayor and Comonalty of the said 
recitals of Charters.  City of N. and their Successors bearing date at Westminster the second day of March, in the 9th. year of his Reign 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, year of his Reign, 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 forty Assistants. Now for as much as we are informed, that our said City of N. is less populous than 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 ordain, 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 sworn, 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 Chamberlains, one Bailiff, one Town-Clark, one Coroner, A Clerk of the Market, four high-Constables, thirteen sub-Constables, and three Sergeants at the Mace within the said City to be chosen in manner and form herein after mentioned. And of our like special grace, certain knowledge, and mere motion, we do by these presents for us and our Successors, Will, Ordain, 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 politic 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 politic and Corporate in Deed, Fact and name, We do for us and our Successors, really and fully create, ordain, make, Constitute, and confirm by these presents. And that by the same name of the Mayor and Comonalty of the City of N. they may have perpetual Succession. And that they and their Successors 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 possess Lands, Tenements Rents, Liberties, Jurisdictions, Franchises, and Hereditaments, to them and their successors in Fee-simple, or for term of life, lives or years, or otherwise; and also goods and Chattels, and also other things of what nature kind or quality soever. And also to give grant, let, set, and assign the same Lands, Tenements, Hereditaments, Goods and Chattels, 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 form, 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 Lawful ways or means whatsoever. And that the said Mayor and Comonalty of the City of N. and their Successors shall and 
Seal.  may for ever hereafter have one Common Seal to serve for the sealing of all, and singular their affairs, matters, and businesses, touching and concerning the said Corporation. And that it shall and may be lawful, to and for the said Mayor, and Comonalty of the said City of N. and their Successors at their will and pleasure from time to time, to break, change, and alter, and new make their said Common Seal, when and as often as to them it shall seem 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 assign, name, ordain, 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 remain and continue 
The Mayor.  in the Office of Mayor, there, until another fit person shall be chosen and sworn into the said office, according to the usage and custom 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 assign, name, ordain 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 appertain and belong. And also we have assigned, named, constituted, and made, and by these resents do assign, 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 assign, name, constitute, and make our wellbeloved N. B. S. R. etc. 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 wellbeloved A. G. D. M. Citizens and Inhabitants of the said City to be the 
Chamberlains.  present Chamberlains of the City aforesaid. And we have assigned, named, constituted, and appointed, and by these presents do assign, name, constitute, and appoint our wellbeloved Th. C. one other of the said Citizens, there to be the present Bailiff of our said City, who shall continue in that office until another fit person 
Bailiff.  be chosen and sworn in his place.  
And also we have assigned, chosen, named, and constituted our wellbeloved 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, until other fit persons be chosen and sworn in their places. And also we do assign, choose, nominate, and constitute our wellbeloved 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, until other fit persons be chosen, and sworn in their places. And also we have assigned, chosen, nominated, & constituted; And by these presents do assign, choose, nominate, and constitute our wellbeloved R. H. Citizen of the said City to be the present principal Sergeant at Mace within our said City. And F. W. and G. H. Citizens and 
Sergeant at Mace.  Inhabitants there, to be the two other present Sergeants at Mace. And we will, and by these presents for us and our Successors, do grant to 
Sword and Cap of Maintenance.  the said Mayor and Comonalty of the said City of N. and their Successors. That the Mayor of the said City for the time being, shall and may have a sword to be borne before him, and a Cap of Maintenance in such sort as is used before any other Mayor of any of our Cities in England. And that for ever hereafter there be and shall be an Officer of the said City, who shall be called 
Sword-bearer.  the Sword-bearer, and to wear a Cap of Maintenance before the Mayor of the said City for the time being. And we have assigned, chosen, nominated, and constituted. And by these presents do assign, choose, nominate, and constitute our well beloved R. F. Citizen and Inhabitant of our said City, to be the first and present Sword bearer of our City. And do hereby appoint that the said Officer shall have precedency of place before the Sergeants at Mace of the said City. Also we will, and by these presents, for us and our Successors, do grant to the 
Common Council.  said Mayor and Comonalty of our said City of N. and their Successors. That the Mayor, Recorder, Aldermen, and Assistants of the said City for the time being; Or the Mayor, and any eight or more of the Aldermen, and twelve or more of the Assistants for the time being, be and shall be called the Common Council of the said City. And that they, or the greater part of 
How called.  them, shall or may have full power and Authority by virtue of these presents from time to time, to call and hold Common Council within the Common Counsel House of the said City. And 
Making of Orders and Ordinances  there as occasions shall be to make Laws, Orders, Ordinances, and Constitutions in writing, and to add, altar, diminish or reform them from time to time, as to them shall seem necessary, and convenient (not repugnant to the prerogative of Us or our Successors, or to any of the Statutes, or other the Laws of England) for the good rule, oversight, Correction, and Government of the City and Libertyes of the same. And all the Officers thereof, and of the several Companies of Merchants, and other Tradesmen, and of Victuallers, Arrifieers, and of all other, the people and Inhabitants of the said City, Libertyes, and Precincts aforesaid; and for the better preservation, government, and disposal of all the Lands, Tenements and Hereditaments, goods and Chattels of the said Corporation. Which said Laws, Ordinances, Orders, and Constitutions, shall be binding to all and every the Inhabitants of the said City, Libertyes, and Precincts aforesaid. And further we will, and grant, that the said Common Council of the said City for the time being, as often as they make, ordain, and Establish such Laws, Orders, Ordinances, and Constitutions as aforesaid shall or may make, ordain, limit, provide, set, impose, and tax reasonable Fines, and Amercements, against, and upon all persons offending against such Laws, Orders, Ordinances, and Constitutions, or any of them to be made, ordained, and established as aforesaid. And the same Fines and Amercements, shall or may require, demand, levy, take, and receive by Warrants under their Common S●ale, to and for the use and behoof of the Mayor and Comonalty of the said City, and their Successors, either by distress and sale of the goods and Chattels of the offenders therein, if such goods and Chattels may be found within the said City, Libertyes, and Precincts thereof, rendering to such offender or offenders the overplus, or by any other lawful ways or means whatsoever.  
And we do by, etc. appoint and ordain the Election of the Mayor of the said City, and of 
Election of the Officers how to be.  the Aldermen and Assistants of the said City, that it shall be as followeth, viz.  
And we do, etc. give, grant, full power and authority unto the Major, Recorder, Aldermen, and Assistants of the said City of N. or any 8. or more of the Aldermen: and 12 or more of the Assistants, the Major and Recorder for the time being, or either of them, being present as aforesaid; on the Wednesday before the Feast of, etc. yearly in the Council-house of the said City, if they shall think fit to nominate, elect, and choose out of the Inhabitants of the said City, fit and able persons to be in the respective Offices and places of Mayor, Aldermen, and Assistants of the said City. And that such person as shall be so elected and chosen Mayor as aforesaid, 
Oath of the Mayor.  shall on the Wednesday month, next after the Feast of S●. etc. then next following, in the Council house aforesaid, take his Oath before the Recorder, Aldermen, and Assistants for the time being, or before any five, or more of the Aldermen, for the due execution of his Office. And that the said Mayor so to be chosen, as aforesaid, shall remain and continue in the said Office, until another fit person shall be chosen and sworn in his place of Mayor of the said City, in manner as aforesaid. Which Oath the said Recorder, Aldermen, and Assistants, or any five or more of the Aldermen, shall, and may lawfully administer: and have hereby power to administer unto the said Mayor so elected from time to time accordingly. And further we will, that the Recorder, etc. (name all the Officers) and all other Officers of the said City, before they, or 
Oath of all Officers.  any of them shall be admitted to enter upon, and execute their respective Offices, shall be sworn to execute the same before the Mayor, or any three or more of the Aldermen of the said City for the time being. And we do by these Presents, etc. give power and authority to the Mayor of the said City for the time being, or any three of the Aldermen of the said City for the time being, to administer the said respective Oaths unto them accordingly. And further, we will, and by these Presents for us, etc. do grant, 
Justices of the Peace.  That the Mayor and Recorder of the said City, for the time being, and five, or more of the Aldermen of the said City (not exceeding the number of 8 Aldermen) being such as have born the Office of Mayor there, shall be Justices and Keepers of the Peace of us and our Successors, and Justices of Oyer and Terminer, of us, and our Successors within the said City, and the Liberties and Precincts thereof. And that they, or any three or more of them (whereof the Mayor 
Power to keep Sessions.  and Recorder of the said City for the time being, we will to be two) shall and may for ever hereafter, have power and authority, by virtue of these Presents, to hear and determine all and all manner of Petit Treasons, Murders, Felonies, Riots, 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 ways 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 virtue of any Commission of Oyer and Terminer, heretofore appointed, or hereafter to be appointed, (matters of High Treason only 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 justices 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 only as aforesaid). And we do by these Presents, will, declare, assign, and appoint, that the present Mayor 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 Mayor and Aldermen of the said City for the time bein●: and any three, or more of them, shall have, by virtue 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 virtue 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, etc. 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.  Mayor and Recorder for the time being) be yearly chosen on the aforesaid Wednesday next, before the Feast of, etc. in the Council-house, etc. by the Mayor, Recorder, Aldermen, and Assistants of the said City; or by the Mayor, 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 Mayor 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 suspicion 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, until 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, etc. grant to the said Mayor and Commonalty of our said City, and their Successors, that the said Mayor and Commonalty, and their Successors, shall, for ever hereafter, have full power and authority, by virtue 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, etc. 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 Mayor 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 virtue 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 Mayor of the said City, and Clerk of the Statutes there for the time being, shall, by virtue 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 aught to belong to them, or either of them, to do or execute.  
And further we do for us, etc. will and grant by these Presents, That the said Mayor 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 Mayor 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 enrol 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.  etc. will and grant, that the Mayor, Recorder, Aldermen, and Assistants of our said City, for the time being: and the Mayor, 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 virtue of these Presents, at their will and pleasure, and within convenient time, to choose one other fit person to be the Clerk 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 Town-clerk, Clerk of the Peace, Cerke of the Court of Pleas, and to be Clerk and Clerks 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 several places shall happen to be void.  
And we do by these presents, Constitute and oppoint our wellbeloved I, G. gent to be the 
The present Ttown Clerk, and Clerk of the Peace, etc.  present Townclarke, Clerk 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 Bailiffs of the said City, the Town-Clerke, Clerk of the Peace, the High-Constables, Sword bearer, subconstable, and Sergeant at Mace, within our said City for the time being, and every of them respectively, jointly, 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 Process of them, and every of them as belongeth and appertaineth to be done or executed.  
And further we will, etc. 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 Assize, or Assay of Bread, Wine, and Beer and of all Coal, 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, etc. 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 remain 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 Mayor of the said City, for the time being, shall take his Corporal Oath before the Recorder, and any three or more of the Aldermen, etc. 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 Mayor 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, etc. 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 Mayor from his said Office of Mayoralty for misgovernment or misbehaviour therein. And in such case, or in case of Death of the Mayor 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 Mayor 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 signior, or eldest Alderman of the said City for the time being, shall take upon him the place and Office of the Mayor 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 Mayor of the said City and Liberties thereof, and shall exercise the same as aforesaid: and that such signior, or eldest Alderman, or such Alderman next in seniority of place to him, shall be immediately after the Death or Removal of the former Mayor, sworn to execute the same accordingly, before three, or more of the Aldermen of the said City for the time being, who are here by authorized to administer the same Oath in that behalf.  
And we do likewise by these Presents for us, and our Successors, grant unto the said Mayor and Commonalty of the said City of N. and their Successors, That the Mayor, Aldermen, and Assistants of the said City for the time being, or the Mayor, and eight or more of the Aldermen, and twelve or more of the Assistants of the said City for the time being, shall have power and authority, by virtue of these Presents, at their pleasure, to remove the Recorder of the said City, for the time being, from his said place or Office of Recorder there: and in case of such removal, or in case of the death of the Recorder of the said City, for the time being, to choose and elect another fit person, learned in the Laws of England, to be Recorder there, and so to continue, during pleasure as aforesaid. And further, That the Mayor, Recorder, Aldermen, and Assistants of the said City for the time being; or the Mayor, and eight or more of the Aldermen, and twelve or more of the Assistants of the said City for the time being, shall have power from time to time, by virtue of these Presents, to remove any one of the Justices of the Peace within the said City for the time being (other than the Mayor or Recorder there for the time being.) from the Office of Justices of the Peace there, for misbehaviour, or other just or reasonable cause: and in case of removal, or in case of the death of any of the Justices of the Peace there in convenient time, to make choice of, and nominate and elect one or more of the Aldermen of the said City, who hath, or have born the Office of Mayor there, to be a Justice, or Justices of the Peace, within the said City, in the place of such Justice, or Justices of the Peace, so removed, or dead as aforesaid.  
And further we do by these Presents, for us, etc. grant unto the said Mayor and Commonalty of our said City of N. and their Successors Tha if any Alderman, or Aldermen of the said City, shall at any time hereafter, misdemean him, or themselves, in the execution of his or their places of Aldermen there, it shall be lawful to, and for the Mayor, Aldermen, and Assistants of the City, for the time being; or the Mayor, and any eight, or more of the said Aldermen, and twelve or more of the Assistants of the said City, for the time being, in such case, to remove such Alderman, or Aldermen (so misdemeaning him, or themselves) from holding or exercising such place or places of Alderman, or Aldermen of the said city: and in such case of removal, or in case of death of any of the Aldermen of the said city, in conventent time, to choose other fit person or persons to be Alderman, or Aldermen of the said City, in the place or places of him or them so removed or dead.  
And if any of the Assistants of the said City, Bailiff, Coroner, Town-Clerk, Clerk of the Peace, Clerk of the Market, Clerk of the Court of Pleas, and other Courts aforesaid, Clerk of the Statutes, Chamberlains, high-Constables, Sword bearer, sub-Constables, Sergeants at the Mace for the time being, or any of them shall mis-behave him or themselves by neglect, or otherwise in the execution of their, or any of their respective place or places; Then and in such case if shall and may be lawful to and for the Mayor, Recorder, Aldermen, and Assistants of the said City for the time being, or the Mayor and any eight or more of the Aldermen, and twelve or more of the Assistants of the said City for the time being by virtue of these presents, to remove him or them from his and their place or places, for such his or their mis-behaviour and neglect therein. And in case of removal, or of the death of any person or persons, in such office or offices as aforesaid, in convenient time to choose other fit person or persons, to be in the place or places of him or them, so dead or removed. 
Refusers of Offices to be sinned.   
And also we will, & by these presents for us, etc. do grant to the said Mayor and Comonalty of our said City of N. and their Successors, that if any of the Citizens of the said City, or Inhabitants within the Libertyes, and Precincts thereof, that shall hereafter be elected, nominated and chosen to the office of Mayor, Justice of Peace, Aldermen, Assistants, Bailiff, or Chamberlain of the said City as aforesaid, and having notice of his or their said Election, shall refuse or deny to take upon him or them, and to execute that office, to which he or they shall be so chosen, and nominated, That then and so often it shall and may be lawful for the Mayor, Recorder, Aldermen, and Assistants of the said City for the time being; Or the Mayor, or any eight of the Aldermen, and twelve or more of the Assistants of the said City, for the time being to Tax, Assess, and impose upon such person or persons, so refusing or denying such reasonable and moderate Fines, and sums of money as to their discretions shall be thought most fit. So as the said Fine, Penalty, or sum for refusing or denying to hold and execute the office of Mayor of the said City, do not exceed the sum of 100 l. And the fine for refusing or denying to hold and execute the place of an Alderman do not exceed 40. l. And the fine, etc. of an Assistant, 20. l. And so as the fine for refusing or denying to hold and execute the respective places of Bailiff or Chamberlain of the said City do not exceed 10. l.  
And we do by these presents for us, etc. authorise the Mayor, Recorder, Aldermen and Assistants of the said City, for the time being. Or the Mayor, and any eight or more of the Aldermen, and twelve or more of the Assistants there for the time being, to frustate, and make void the election of such person or persons so refusing or denying as aforesaid. And then and in such case and cases, any other fit and able persons, Citizen or Citizens of the said City, or Inhabiting within the Libertyes, and Precincts thereof in convenient time to elect a new to execute such office or offices, so denied or refused to be excuted as aforesaid.  
And that if it shall happen that such person, or persons so to be elected a new, shall refuse or deny to take upon him or them any of the said Office or Offices, unto which he or they shall be chosen and elected as aforesaid, then and in such case the said Mayor, Recorder, Aldermen, and Assistants of the said City for the time being; Or the said Mayor and eight or more of the Aldermen, and 12. or more of the Assistants, shall and may set, and impose upon him or them, so denying or refusing such and the like moderate Fines, &c: (as is before set down in the like cases;) And so to continue to make void the election, &c: (as before). All which said Fines so to be set and imposed, We will and grant by these presents for us, &c: shall be, and shall remain, and belong unto, and shall be put into the possession and seisin of the Mayor and Comonalty of the said City for the time being, and their Successors to be levied and taken by warrant under their Common Seal, and by distress and sale of the goods and Chattels of the several persons so refusing or denying as aforesaid, if such Goods and Chattels may be found within the City, Libertyes, and Precincts aforesaid, rendering to the parties the overplus, or by any other ways, or lawful means whatsoever, to the only use of the said Mayor, and Comonalty of the said City of N. and their Successors without any account to be rendered, made or done to us, or our Successors for the same.  
And further of our more ample grace, &c: We do by these presents for us, etc. Grant and 
That they shall not serve in jewries.  Confirm to the said Mayor, etc. That the Citizens of our said City, or any of them, shall not at any time hereafter be distrained, or compelled to go out of the said City, or the Libertyes, or Precincts thereof, to serve upon, or touching any pleas, Assizes, Juries, or Inquests to be taken, unless the same do concern us, or our Successors, or the Comonalty of the said City, as hath been there accustomed.  
And we do likewise by these presents for us, etc. Grant unto the said Mayor and Comonalty of our said City of N. and their Successors, That the Mayor and Recorder of the said City, or either of them for the time being, shall by virtue of these presents have power to take Conuzance of Record, and duly to unroll any deed or Deeds in writing, made or to be made by any 
Conuzance of Deeds.  person or persons whatsoever (Married Women excepted) of, for, or touching any Lands, Tenements, Rents, Hereditaments, Debts, Goods, and Chattels whatsoever within the said City, and the Libertyes, and Precincts thereof, which Acknowledgement and Enrolment there shall be, and shall be adjudged, reputed, and taken to be as good, and valid in the Law, as if the same had been taken, or acknowledged before any other person, or persons, authorized to take the acknowledgement of Deeds, or Writings, and enrolled in our Court of Chancery, or in any other our Courts of Record, etc.  
And further know ye, that we for the Government of oursaid City, and for the welfare of the Citizens, Tradesmen, and Inhabitants thereof, do by these presents for us, etc. Give or Grant to the said Mayor, and Comonalty of our said City, and their Successors, That the Mayor, Recorder, Aldermen, and Assistants, etc. Or the Mayor and any eight or more of the Aldermen, and 12. or more of the Assistants of our said City of N. for the time being, shall from time to time, and at all times hereafter have full power, and Authority at any Common Council, to be held within the said City, under the Common Seal to make free Citizens 
To make Freemen.  of the said City and Libertyes thereof. And that no person or persons whatsoever, other than such Free Citizens, shall hereafter use any Art, Trade, Mystery, or manual occupation, within our said City, the Libertyes, and Precincts thereof, saving in the times of the Fairs, there to be kept, and during the continuance of such Fairs only. And in case any person or persons whatsoever, not being free Citizens of our said City, as aforesaid shall at any time hereafter use, or exercise any Art, Trade, Mystery, or manual occupation, or shall by himself, themselves, or others, sell or expose to salo any manner of Merchandise or Wares whatsoever, in any house, shop, place or standing within the said City, or the Libertyes, precincts thereof, no fair being then kept in the said City, and shall persist therein, after warning to him or them given, or left by the appointment of the Mayor of the said City for the time being, at the place or places, where such person or persons shall so use, or exercise any Art, etc. or shall sell or expose to sale any Wares, or Merchandises as aforesaid, than it shall be lawful for the Mayor of the said City for the time being, to cause such Shop-Windows to be shut up; And also to impose such reasonable fine, &c: not exceeding 10. s. every time, etc. And the same Fine and Fines so to be imposed to levy, &c: (as before.)  
And further we do by these presents, for us and our Successors, Grant to the Mayor and Comonalty of our said City; That they and their Successors be for ever persons able, and capable, and shall have power to purchase, have, take, 
Mortmain.  and possess in Fee simple, Lands, Tenements, Rents and other possessions within or without the same City, to them and their Successors for ever, so as the same exceed not the yearly value of 1000 l. a year, the Statute of Mortmain or any other Law to the contrary, notwithstanding. 
Power to let Lands.  And the same Lands, Tenements, etc. or any part thereof to demise, grant, Lease, set over, assign and dispose at their own will and pleasure. ●nd to make, seal, and accomplish any Deed or Deeds, Lease or Leases, evidences and writings for or concerning the same, or any part thereof which shall happen to be made and granted by the said Mayor and Comonalty of the said City for the time being.  
And further know ye, etc. That we of our more ample Grace, etc. Have given, etc. and by these presents for us, etc. do give and grant to the said Mayor, etc. and their Successors, that the said Hospital of our said City commonly called, etc. And the poor people there be, and from thenceforth, and for ever shall be governed, and ruled by the Mayor, etc. of the said City and their Successors, and that the said Mayor, etc. and their Successors be, and shall be Masters and Governors thereof.  
And we have Willed, etc. And by these presents for us, etc. do will, that the Mayor, etc. together with the poor of the said Hospital for the time being shall from henceforth and forever hereafter be continued, and remain one body Politic, &c: by the name of the Master and poor people, &c: (As in other Cases for Corporations.) And that they and their Successors for ever may seek for, and improve, have, enjoy, and possess. And may Grant and demise all, and singular Lands, and Tenements, Profits, Hereditaments, Goods, Chattels, and Rights whatsoever now belonging, and which shall or may hereafter belong to the said Hospital upon trust, that all the same be employed for the benefit of the poor, there as formerly, and not otherwise.  
And also we will for us, &c: That our said 
Return of Writs.  City of N. and the Libertyes, Precincts and Circuits thereof be, and from henceforth shall be a distinct Bayliwick, and Liberty of itself, and that the said Mayor of our said City for the time being, and his Successors shall be the sole Bailiff thereof. And shall by his Sergeant or Sergeants at Mace, have the sole power of executeing of all Writs, and process within the said Town and the Libertyes thereof, except process of Execution. And that the Sheriff of the County of W. or any of his Officers shall not intromit themselves, nor execute any Writ or Writs or other process thereof, or make any Return or Returns thereof within the same Corporation, or the Libertyes, or Precincts of the same, But in case of Omission, and neglect of the said Mayor, and his Officers in the Execution of the said Writs.  
And further we will for us, etc. And Grant to the said Mayor, &c: That they and their Successors 
Fairs and Markets, etc.  shall and may for ever hereafter hold and keep within the said City in every Week of the year, two Market days, the one upon Monday, the other upon the Saturday, as heretofore they have had and held, and now have and hold the same within the City aforesaid. And also three Fairs there every year, the first of them to begin yearly upon Wednesday, etc. and to continue for all that Wednesday and the two day's next following, the same to be held in a place there called N. The next to begin yearly upon Monday, etc. and to continue, etc. and to be held in the Parish of P. And the third, etc. (set down the particulars.) Together with a Court of Py-powders there, the time of the 
Set down  said Fairs and Markets to be held before the said Mayor of the said City for the time being, and the Recorder or Town Clarke, or any two 
Court of Pypowder.  of them, whereof the Mayor to be one, together with all Libertyes and Free Customs of Toll, Stallage, Piccage, Fines, Ame●cements, and all other profits whatsoever from such Market and Court of Py-powders arising and happening, or as thereunto belonging, or appertaining, so as the said Markets, and Fairs, or any of them be not to the hurt of other Markets or Fairs near adjoining.  
And further we will for us, etc. and grant to 
Court of Record.  the aforesaid Mayor and Commonalty, and their Successors, That they, and their Successors, shall, and may have, hold, and keep within the said City and Liverties, and Precincts thereof, in every week, in every year for ever, upon Tuesday, one Court of Common-Pleas, for all Actions of Debt, Trespass, Trespass upon the Case, and detinue, wherein the Debt, or Damage demanded, do not exceed one hundred pounds, the same to be held before the Mayor, Recorder, and Town-Clerk, or any two of them; whereof the Mayor to be one, who shall have power to hear and determine the same Pleas or Actions, according to the Rules of the Common-Laws of the Nation, and the course of other Courts of Corporations in the like nature.  
And whereas we have received Information, that the said circuit of Ground, commonly called by the name of the Close of N, wherein the Cathedral Church there now standeth, is, and hath been in times past, reputed to be parcel of the said City of N, within the Ward there commonly called New-street Ward: and that the same hath been heretofore under the Rule and Government of the same City, until of latter times, that the same hath been under some colour taken from the said City, whereby there hath been a failer of Justice there; Know ye, therefore, that we, for the remedy thereof, have granted, and do hereby for us, and our Successors, for the more orderly Government of the people, now, and hereafter to be residing within the same Close, ordain, declare, and appoint, and grant to the said Mayor and Commonalty, and their Successors, that the aforesaid Close called N. S. with the Liberties and Precincts thereof, be, and shall be for ever hereafter esteemed and taken to be parcel of our said City of N. And we do for us, etc. by these Presents, unite and annex the same, and every part thereof, unto our said City of N. for ever; and do will, that the same shall be reputed and taken for ever hereafter, to be part of the said City.  
And we do further, for us and our Successors, give and grant to the said Mayor and Commonalty of our said City of N. and their Successors, by these Presents. And we do will, constitute, declare, and ordain, that the Metes, Limits, and Bounds of our said City of N. shall extend unto, and through the said Close, and into, and through all the Scite, Circuit, and Precincts thereof, and from such a place, etc. (bound it).  
And we do further by these Presents, for us, etc. give and grant to the said Mayor, etc. And we do hereby will, ordain, and appoint, that the Inhabitants of, and within the said Close, and the Precincts thereof, shall be for ever hereafter ordered, ruled, rated, taxed, and governed, from time to time, and at all times hereafter, with, and as the rest of the Citizens and Inhabitants of the said City of N. are, or shall be ordered, ruled, rated, taxed, and governed, according to the Laws and Statutes of England; and according to the lawful Grants, Customs, and Usages of the said City: and that the said City of N. together with the Close aforesaid, with the Liberties & Precincts thereof, shallbe for ever hereafter a free City, & called & known by the Name of the city N. in the county of W. And that the said Mayor and Commonalty, and their Successors, shall, for ever hereafter, have, hold, exercise, and enjoy within the said Circuit of Ground, called the Close of N. such, and the same Liberties, Privileges, Franchises, Rights, Royalties, Free Customs, Jurisdictions, and Immunities, as by virtue of these Presents, or otherwise, they may or might have, hold, exercise, and enjoy, within the said City, or any part thereof.  
And we will for us, etc. and do by these Presents grant to the Mayor and Commonalty of 
General Words.  our said City of N. and their Successors; that the said Mayor and Commonalty of our said City, and their Successors, that they shall have and enjoy all the lawful Privileges, Franchises, Powers, that they have and use, or that any their Predecessors at any time within sixty years' last passed, had, took, or enjoyed, or aught to have had, by reason, or under pretence, of any of their former Charters: Or by Prescription, or any other Right, Custom, or Usage. And all Privileges and Benefits, that by the Common-Laws, or by any Statute-Law, is given to, or conferred upon Corporations: although the same have been forfeit or lost, or have been ill used, or not used, or abused, or discontinued: albeit, they be not particularly named herein: and that no Officer of ours shall disturb them therein, under any pretence whatsoever: Not only for their future, but for their present enjoyment thereof. Saving to all Persons, Bodies 
Saving to strangers.  Politic and Corporate their Heirs and Successors, all such Right, Title, and Claim, Possession, Rents, Services, Commons, Emoluments, Interest, in, and to any thing which is theirs, save only the Franchises aforesaid, in as ample manner, as if this Charter had not been made.  
Nevertheless, We will and declare, that the 
Proviso.  Incorporation to be founded by this Charter, shall not at any time hereafter do, or suffer to be done, any thing; by means whereof, the Lands, Tenements, or Hereditaments, Stock, Goods or Chattels thereof, such as have been settled to pious or charitable uses, shall be wasted, or misemployed, contrary to the Trust and Intent of the Founders thereof. And that such, and no other construction shall be made hereof, then that which may tend most to advance Religion, Justice, and the public good; and to suppress all Acts and Devices, to be invented, and put in ure, contrary thereunto.  
And lastly, We do for us, etc. grant, that this present Charter shall pass without Fine, or Fee, 
Fine, or Fee.  in the Hamper. In witness, etc.  
FINIS.   

NOTES OF Another Precedent.  
OLIVER Lord Protector, etc. Whereas the Bridge of our Village of M. in our county of B. over the Water of Thames there going, is of great use to our people for carriages, etc. and the same was used to be repaired by the charge of a certain Fraternity, and Gild now dissolved, etc. And that they were used to have certain sums of money to help to the repair thereof. And had certain Customs, Profits, and Liberties, granted by H. 6. And whereas Q. Eliz. 7. Marcii, 24. Eliz. by her Letters-Parents, for the 
Recital of Patents.  better repair of this Bridge, made the same Village a free a free Village of itself, and the Inhabitants of the same Village and their Successors, Inhabitants, there Incorporate by the name of Guardians of the Bridge, and the Burgesses and Commonalty of the Village of M. in the county of B. And have use, and enjoy divers L●berties, Privileges, Jurisdictions, Franchises, and Preeminences, by the said Letters-Patents, to them and their Successors for ever; as by the said Letters-Patents, etc. And whereas our beloved Subjects to the Nnow Guardians of the Bridge, etc. of the Village of M. aforesaid, have humbly besought us, that we would grant to them our Regal Grace and Bounty; And that we for the better Government, and public good of the said Village, that the said Guardians of the Bridge, etc. into one Body-corporate, or Politic, by our Letters-Patents, would ratify, approve, and confirm, or anew constitute, create, and make the same, as to us shall seem best. We therefore considering the Premises, and that the said Village of M. is an ancient and populous Village; to and through which, there is frequent coming and going by our subjects, and over the same Bridge. And being willing that for ever hereafter an undoubted and certain manner and order be had and held within the Village aforesaid for the keeping of the Peace, and for the good Government of our People there. And to the end, it may for ever hereafter remain a Village of peace and quiet, to the fear and terror of the evil, and the reward of the good; And that our peace be maintained and kept: And to the end the said Bridge be from time to time well and sufficiently repaired without delay. And hoping that if the Guardians of the Bridge, etc. of the Village aforesaid, and their Successors, may enjoy by our Grant greater Liberties, and Dignities, that then they will put themselves forth to the uttermost to do us and our Successors service; And that they will account themselves the more obliged to us. Of our special grace, certain knowledge, and mere motion, have willed, ordained, constituted, and granted: And for us, and our heirs and successors, will, etc. declare, That our said Village be, and remain for ever hereafter a free Village of itself. And that the said Guardians of, etc. and their Successors, be for ever hereafter, and shall be by virtue of these Presents, one corporate and Politic Body, in Deed and Name, by the name of the Guardians of the Bridge, the Burgesses and Commonalty 
Name of the Corporation.  of the Village of M. in the Village of M. in the county of B. And them by the name of the Guardians, etc. in the county of B. one corporate and Politick-Body, in Name and Deed, really and to the full for us, our heirs, and successors, do make ordain, grant, constitute, and confirm, declare, and create by these Presents; and that by this Name they shall have a perpetual succession: And that 
To have, take, buy, sell.  they and their Successors, by the name of the Guardians, etc. b●, and shall be at all times hereafter a Person able, and in Law capable to have, get, receive, and possess Laws, Tenements, Liberties, Privileges Jurisdictions, Franchises, and Hereditaments, to them and their successors, in Fee-simple, or for term of life, lives, or years, or otherwise. And also Goods and Chattels, and all other things of what kind, nature, or quality soever. As also to give, grant, let, set, and assign the same Lands, Tenements, Hereditaments, Goods, and Chattels; and do and execute all other things by the name aforesaid: And that by the name of Guardians, etc. they may sue; and be sued, etc. As in the first Precedent, Mutatis Mutandis. And moreover, 
Number of Burgesses, and Officers.  we will, and by these Presents, for us, and our successors, grant to the aforesaid Guardians of the Village aforesaid, that there be, and shall be in the Village aforesaid, 11 Burgesses, Inhabitants of the Village aforesaid, and there resident in the Form, as by these Letters-Patents is hereafter specified to be chosen and made: of which said 11 Burgesses, two shall be Guardians, and two shall be Bridg-Overseers, who shall have the care of the repair, and maintenance of the Bridge of the Village of M. aforesaid, and of the good Government, Order, and correction of the Burgesses, and Inhabitants of the Village aforesaid. And for the better execution of our said Pleasures and Grants on this behalf, we have assigned, named, constituted, and made; And by these Presents for us, etc. do assign, etc. our beloved W. I. H. B. etc. Inhabitants of the Village aforesaid, to be by virtue of these our Letters-Patents, the first Burgesses of 
Presens Burgesses.  the Village aforesaid, and that every one of them shall be, and remain in the Office of a Burgess of the said Village, as long as he shall live and inhabit within the said Village, if he be not before removed, or discharged from the said Office: every one of which for his evil behaviour, or unfit being, we would have to be removable at the pleasure of the Guardians, Overseers of the Bridge, and the residue of the Burgesses of the same Village for the time being, or the greater part of them. And we have assigned, named, etc. and by these Presents do assign, etc. the said W. I. and H. B. to be the first Guardians of the Village aforesaid; and will, that they shall continue in the said Office, from the date of these Presents, unto Wednesday next after the Feast, etc. and from that Wednesday, until other Burgesses of the Village aforesaid, to the said Office, shall be chosen and sworn, according to the Ordinations and Provisions in these Presents expressed, if they shall so long live and dwell within the same Village, if they shall not be before removed or discharged from the said Office; which for their evil behaviour we would have to be removable, and to be discharged by the Overseers of the Bridge, and residue of the Burgesses aforesaid, or the greater part of them. And moreover of our further grace, etc. For us, etc. We will and grant to the aforesaid Guardians, Overseers of the Bridge, Burgesses, and Commonalty of the Village aforesaid, and their Successors; That the Guardians, Overseers, and Burgesses of the Village aforesaid, for the time being, or the greater part of them, gathered and assembled together, whereof, the Guardians, and one of the Overseers of the Village are aforesaid, we will have to be three, shall have, and by these presents, may have full power 
Ordinances.  and authority to make and establish, from time to time, such Laws, Ordinances, and Constitutions, as to them, or greater part of them, shall seem good, wholesome and profitable, and necessary, according to their discretions, for the good government, and order of the said Guardians, etc. of the Village aforesaid; and all the Officers, Ministers, A●●isicers, Inhabitants whatsoever, in the Village aforesaid, for the time being, & about, or in any thing concerning the repair and maintenance of the Bridge, and other the Ways and Passages aforesaid leading thereunto; & for the Declaration in what manner and order the said Guardians etc. and all and singular other the Officers, etc. of the Village aforesaid, in their Offices, Functions, Ministeries, and Businesses, within the Village aforesaid for the time being, shall behave and dem●an themselves. And for the better government and profit of the said Village, and for the reparation and keeping of the said Bridge-ways and Passages; and also for the better preservation, government, and disposal of the said Lands, Tenements, Revenues, Heredicaments, Goods, and Chattels, to the said Guardians, etc. and their Successors by these Presents, given or granted, or hereafter to be given or granted; and all things and matters whatsoever the said Village, Estate, Right, or Interest thereof, touching or in any wise concerning the same, We will, ordain, etc. that the Guardians of the Village aforesaid for the time being, or the greater part of them; whereof the Guardians, etc. to be three, as oft as they shall make, etc. the Laws, etc. in form aforesaid; and such Punishments, Pains, and Penalties, by Fines, Amercements, or other lawful 
Penalties.  ways, towards, and upon all the Inhabitants within the said Village, offending against the said Laws. etc. or any other or others such as the said Guardians, etc. for the time being, or the greater part of them whereof the Guardians, etc. to be three, for the observation of the said Laws, etc. shall be fit to ordain and appoint, and the same Fines and Amercements, that they shall, and may levy, and have without any let of us, our Heirs, or Successors, or any of the Officers or Ministers of us, or them; all and singular which Laws and Statutes, etc. so as aforesaid to be made, We will have to be observed under pain therein contained. Yet so, as the said Laws, etc. Penalties, Fines, & Amerciaments, be reasonable, or agreeable to Reason, and not repugnant to the Laws, Liberties, Rights, Customs, and Statutes of England. And moreover, we will, etc. and grant to the aforesaid Guardians, 
Election of officers.  etc. that the said Guardians, etc. and the greater part of them from time to time, and in perpetual future times, have, and shall have power and authority, every year in the month of Septemb. (that is) Wednesday next after, etc. to choose and name, and that they shall have power to choose and name two of themselves, that shall be Guardians of the Village aforesaid, for one whole year next to come; and that they, afterthat they shall be chosen and named for Guardians of the Village aforesaid, before they be admitted to execute that 
Oath of Officers.  Office, shall take their Corporal Oaths upon the Holy Gospel of God, within a month after their Nomination and Election, before one of the Guardians, being his Predecessor, in the presence of the Overseers of the Bridge, and the Burgesses of the Village aforesaid for the time being, or the greater part of them, well and truly to execute the said Office: And after such Oath so taken, that he or they shall and may execute the said Office unto Wednesday next, before the Feast of, etc. then next following; and from thence until one or two other (as occasion shall be) of the Burgesses of the Village aforesaid shallbe chosen, appointed, and in due manner sworn into the said Office of Guardian, or Guardians of the Village aforesaid, if he or they, shall so long live, and abide in the same Village and shall not before that time be removed or discharged of his or their Office of Guardian, or Guardians of the Village aforesaid; which for his, or their evil behaviour of the Overseers, and residue of the Burgesses of the Village aforesaid, or the greater part of them, we would have to be movable, and to be discharged. And moreover, We will, etc. and for us, etc. grant to the said Guardians, etc. that if it happen the late Guardians of the Village aforesaid, or either of them, or any other Guardian of the Village aforesaid, for the time being, so as aforesaid, to be chosen after that to the Office of the Guardian of the Village aforesaid, so as aforesaid, he shall be chosen and sworn, he shall happen to die, or be otherwise removed or discharged, that then, and so often, it shall be lawful for the said Overseers, and Burgesses of the Village aforesaid, for the time being, or the greater part of them, to choose and appoint another of themselves to the Office of the Guardian of the Village aforesaid; and that he so elected, and set up, may, together with the other Guardian, have, and exercise the said Office, during the residue of the same year, if he shall so long, etc. And so in the like manner, as to the other Officers, Mutatis mutandis.  
And moreover, we will and grant to the said Guardians, etc. That the said Guardians, etc. for the time being, and the greater part of them from time to time, in perpetual future times, have, and shall have power and authority yearly, and every year, upon Wednesday next after, to choose & name two of themselves, who shallbe Overseers of the Bridge of the Village aforesaid. (And so throughout as in the choosing of the last Officers). And moreover we will, etc. and grant to the said Guardians, etc. that if it happen any one or more of the 
Removal of an Officer, or Member.  Burgesses of the Village aforesaid to die, or otherwise to be removed or discharged from his or their office, or offices of Burgesses of the village aforesaid, who or whom, or for his or their evil behaviour, or being unfit, etc. (as in the like case before) that then, and so often, it shall and may be lawful for the Guardians of the Village aforesaid for the time being, or the greater part of them, and other, or others of the Inhabitants of the Village aforesaid within 15 days then next following, after the death, removal, or discharge of any such Burgess, or Burgesses, so dying, or discharged into his, or their place or places, to choose and set up; And that after he or they shallbe so chosen, that they take their oaths within 15 days before the Guardians, etc. and then that they shall execute the same office as long as they live, unless they be removed by misbehaviour, etc. (in the same manner as it was penned for the other Officers.) And moreover, we will, etc. and grant to the said Guardians, etc. that they and their Successors from henceforth for ever, shall and may have and hold within the Village aforesaid, one Court of Record every 3d week through the year (that is) on the Wednesday of the said 3d week, or oftener at their pleasure, before the Guardians and Overseers of 
Court of Record.  the Bridge of the Village aforesaid, or before two of them for the time being to be held. And that in that Court they may hold Plea from time to time, of all and all manner of Actions, Suits, and Demands, of all and all manner of Trespasses (By Force and Arms) and of all other Trespasses, faults, and offences, within the Village aforesaid, the Limits or Precincts of the same, made or committed, or to be made, moved or committed, and of all and all manner of Trespasses, upon the Case, Debts, Accounts, Covenants, Deceits, Detainers of Writings, taking and detainers of Goods and Chattels, and other Contracts whatsoever, of, or for any causes or things, personal or mixed, within the Village aforesaid, the Limits, Precincts, and Liberties thereof arising or happening. So as the Plaintiff, or Defendant in such Actions, Suits, or Complaints, be dwelling or abiding within the said village, the Liberties or Precincts thereof. And so as the same Debts, Trespasses, Accounts, Covenants, Contracts, and other Actions personal or mixed singularly by themselves, do not exceed the sum or value of 100 l. And that such Pleas, Complaints, and Actions, personal and mixed, shall be from time 10 time heard and determined before the said Guardians and Overseers of the Bridge of the said Village, or two of them, by such the like, and such like process, manner, means, and ways, as shall be suitable to our Laws of England; and in as large and ample manner and form, as in any of our Courts of Record, in any other Corporate, Village, or Borough within England, now or heretofore hath been, is, or aught to be used or accustomed. And that the said Guardians and Overseers, and their Successors, or two of them, upon every such Complaint, Pleas, Actions, and Suits, have, and shall have power and authority over the persons, Defendants, and every of them, against whom such Complaints, Actions, and Suits, in the aforesaid Court, shallbe raised, or moved to bring into Plea, by Summons, Attachment, and Distress: And for default of Land and Chattels of such Defendant within the Village aforesaid; and the Bounds and Liberties thereof, where, or by which they may not be summoned, attached, or distrained, by attachment, or taking of their Bodies, according to the custom, in some other Villages incorporate and Burroughs within England is used. And the said Actions, Suits, and Pleas severally to hear and determine. And by the like Process, Judgement, and Executions of Judgements, to deduce and determine by which the like Pleas in any other incorporate Village or Borough within this of England, are deduced and determined, or have been used to be deduced or determined.   

NOTES OF Another Precedent.  
OLIVER Lord Protector, etc. To all to whom these present Letters-Patents shall 
Recitals.  come, etc. Whereas the late King CHARLES by his Letters-Patents bearing date, etc. did incorporate the Town and Parish of L. in the County of W. And did ordain and constitute the same to be a free Borough consisting of six Aldermen, ten Bergesses, and twenty Assistants: And therein did grant unto them divers Franchises, Privileges, and Immunities, as by the said Letters-Patents, relation being thereunto had more at large may appear.  
And whereas the Inhabitants of the said Town and Parish of L. by their humble Petition, have represented unto us divers and manifold defects that were in the said Patent; and humbly pray, that for the removing of their grievances, and better government of the said Town and Parish, We will be pleased to grant a new Charter of Incorporation of the said Town and Parish, to consist of a Mayor, twelve Aldermen, and thirty Common-Cuuncel men, with such other Alterations, Additions, and Clauses; as We shall think fit:  
We considering the Premises, and willing for the future, that a more firm, certain, and peaceable government may be established within the said town and Parish of L. Do, of our special Grace, certain Knowledge, and mere motion, by these Presents, will, ordain, grant, and constitute, that the aforesaid Town and Parish of L. from henceforth for ever, may and shall be, and is hereby made & constituted, and ordained to be for ever a free Borough of itself. And that all the Houses, and Buildings, Lands, Waters, Watercourses, Soil, and Ground situate, lying and being within the town and Parish of L. aforesaid, from henceforth and for ever, are, and shall be within the Limits, Meats, Bounds, and Jurisdictions of the said Burrow of L. And that all and singular the Inhabitants of the Town and Parish of L. aforesaid, and their Successors, from henceforth and for ever, may and shallbe one Body-Corporate and Politic, in Deed, Action, and Name, of a Mayor and Aldermen of the Borough of L. in the County of W. And we do erect, make, ordain, create, constitute, and declare, for us and our Successors, the same to be one Body-Corporate and Politic, in Deed, Action, and Name, really and fully by these Presents. And that the said Mayor and Aldermen, and their Successors, shall and may from henceforth for ever, be 
Name.  the immediate Successors of the said Aldermen & Burgesses of the Borough aforesaid. And that by the same name of Mayor and Aldermen, they may have perpetual Succession. And by the name of Mayor and Aldermen of the Borough of L. in the County of W. may, and shallbe in perpetual future times, fit persons, and capable in Law, to have, 
To have, and take.  take, receive, and possess Lands, Tenements, Liberties, Privileges, etc. (As in the other Precedents, Mutatis, Mutandis.)   

Notes of another Precedent.  
We do grant to I. S. etc. that they, and all men that shallbe Elect there Majors, Bailiffs, or other Head-Officers, etc. in the same City, be in Fact, Deed, and Name, one Body, and perpetual Commonalty, or Corporation, and Incorporate by the Name of, etc. And that the same Commonalty and Corporation, every year for ever, may choose and make of the same Commonalty, some wise & godly man Mayor of the same commonalty, to oversee & govern the same Corporation, and all the Persons & Affairs thereof during that year, etc. And that the said Mayor and Commonalty 
Successions Common-Seal.  shall have and enjoy a perpetual Succession; and have and enjoy a Common-Seal, to serve for ever for the businesses of the same Corporation, etc.   

Notes of another Precedent.  
THat we at the request of A. B. C. D. honest persons now exercising and occupying the several Trades, Arts, Mysteries, Crafts, Faculties, and Occupations of Drapers, Tailors, Mercers, Hardwaremen, Cooper's, and Chandler's, within our Borough and Town of D. in the County of G. And for the better Government and common profit of the same Town, and of all and singular the persons, as well now as hereafter, their Arts, Mysteries, or Occupations there exercising, professing, and practising; as also, according to the ancient Custom within the said Town, where time out of mind hath been a certain Commonalty or Fellowship of the aforesaid honest men, who the several 
Tradesmen a Corporation.  Trades, Arts, Crafts, Mysteries, Sciences, or Occupations of Drapers, Tailors, Mercers, Hardwaremen, Cooper's, and Chandler's aforesaid, or any of them within the Borough or Town aforesaid now do, or hereafter shall or may exercise, trade, or occupy, will, have, instituted, and begun. And therefore we do by these Presents grant to the aforesaid A. B. C. D. etc. That they, and all the Occupiers of the said Trades, etc. and every or any of them within the Lordship, Borough, and Town of D. aforesaid, shall be in Deed and Name one Body Politic, Commonalty and Fellowship perpetual. And that the said Fellowship and Commonalty, may every year choose out of them three expert 
Choose Wardens and Officers.  men that have lived three years, and been of one of these Trades, to be Wardens for a year, to oversee the Trades, and govern the Society & Tradesmen thereof, and strangers using the Trades there and to punish Offenders against their Orders herein mentioned, with the consent of the major part of the Commonalty. And that the said Wardens, Commonalty, or Fellowship, shall and may have a perpetual Succession, and Common-Seal for 
By-Laws.  their Affairs, called the Common-Seal of the Wardens and Commonalty or Fellowship of Drapers, etc. And that they the said Wardens and Commonalty, and their Successors, may lawfully make honest and lawful Assemblies, Orders, and Ordinances, for the Government, oversight, and correction of the said Commonalty or Fellowship; and of all persons trading, practising, using, or occupying the Arts, Trades, etc. aforesaid; or any of them within the said Borough, etc. to the Laws etc. of this Nation agreeable, etc. And that such a day they meet yearly, and choose their Wardens, and one to be Clerk of the Company for that year; and there make such Orders, as the most of them shall agree to for Government, etc.  
FINIS.