^.-.Il 
 
 
 ^J^p
 
 1
 
 THE 
 
 LAW 
 
 Containing the 
 
 Laws and Cuftoms 
 
 O F 
 
 All the Corporations and Inferior Courts 
 of Record in England. 
 
 TREATING 
 
 OF theEfTentials of, ami Incidencs to, aCorpo- 
 ration. Of Mayors, Bailiifs, Serjeants, e^f. and their 
 executing Procels. Conufance of Pleas. Aftions 
 brought in Inferior Courts, Declarations, Pleadings, 
 Fcntic, <^c. Habeas Corpus, Procedeitdo, Bail. Errors in 
 the S'rile, Declarations, Pleadings, Veyiires, (^c. Aftions 
 brought by and againft Corporations. Of Grants by 
 or to a Corporation and of Mifnomer in both. By- 
 Laws, Cuftoms. Disfrarichifements and Caufes of 
 Disfranchifements, ^o Warranto's. Mandamus's and 
 their Returns. DilTolution of Corporations. With the 
 Explication of feveral Afts of Parliament relating to 
 the fame. 
 
 Together with th^ Stiles and Titles of moft Corpo- 
 rations in England. 
 
 Necejfary to be k?ii)W7t not only by the Stewards, Attorneys, and 
 »ther Members of the Body Politick^ but by all the Fi'ofefors of 
 the Co7nmon Larp. 
 
 LO NDON, Printed by the Afllgns o£ Richard and Edward 
 Atkins, Efq'jires ; for ^faac Ckctie at Serjeants-Inn-Gate 
 in Chancery-lam, ~^Q):^li ft)attl?p riext door to the Kings-Head 
 Tavern m Hclborn, ■fvami3(^o;ic^Rn in the hmer-Temph- 
 tam, and '<Bi)}ima ^iXJJ^oa over againft Greys-Inn-Gate in 
 Holborn. 1702,
 
 \ioZ 
 
 S3
 
 s 
 
 THE 
 
 PREFACE- 
 
 I Remember not any Treatife de- 
 fignedly written on this Sub- 
 jed, except a little Duodecimo 
 by Mr. Shepard, which extends not 
 to the fortieth part of the Matters re- 
 lating to Corporations. 
 
 I have not only fhewed the na- 
 ture of Corporations, and by what 
 words ereded, but the feveral forts 
 thereof 
 
 And the power of executing Pro- 
 cefs within the Jurifdi(5tion, and the 
 Duties of Officers, is matter of great 
 Confideration, which I have not o- 
 mitted. 
 
 I have been large in the manner 
 
 of laying Aftions in Inferior Cor- 
 
 A J porati- 
 
 'r^J.7 
 
 ?933<S3
 
 The Treface. 
 
 porations, and in Declarations, Pleas, 
 Venues, ere. for that it is very in- 
 ftruclive to Stewards and Attornies 
 in the faid Courts, and would fave 
 the many Errors in their Proceed- 
 ings and Judgments, with reverfing 
 of which our Superior Courts a- 
 bound. 
 
 How, and in what manner Ani- 
 ons are to be brought by or againft 
 Corporations, with Pleas and De- 
 clarations, are of great Ufe, and 
 for want of duellnderftanding there- 
 of many Cafes have mifcarried. 
 
 I need not mention that the know- 
 ledge of Grants made by or to a 
 Corporation, is of great Ufe, and 
 concerning their Attornments, Sur- 
 renders, and Acceptance of Rent, 
 and efpecially Mifnomers. 
 
 I have alfo colledled particular 
 Cuftoms of fcveral Inferior Corpo- 
 rations. 
 
 Befides feveral other things I have 
 treated of here, as Qjw Warranto'sy 
 Mandamus 5 disfranchifed and diifo- 
 
 kition
 
 The Treface. 
 
 lution of Corporations : For this 
 Subjed of Corporations takes in a 
 great many Titles in other Books. 
 
 And as occafion is, I have ex- 
 plained many A6ts of Parliament 
 relating to the foregoing Titles. 
 
 li \ am not miftaken, here is va- 
 r'iety of Learning both ufefiil and 
 pleafant, and the Prefidents are for 
 the moft part New ;ind Authenthick. 
 
 Farewell. 
 
 A 4 THE
 
 THE 
 
 CONTENTS 
 
 F T H E 
 
 CHAPTERS 
 
 1 N T H E 
 
 Enfuing TREATISE. 
 
 C A p. I. 
 
 The Nature of a Corporation. 
 
 TH E Nature and End of Corporations. The 
 dtfferenct between a Corporation and a 
 Franchife* Tbefeveraljorts of Corpora- 
 tions. Of fele Bodies Politick* Of Corporations 
 -Aggregate* Corporations Aggregate are fometimes 
 General y and fometimes more Special* In "what 
 fenfe a Corporation is an Executory and in what not. 
 Corporations -Aggregate what they may do or not. 
 What things are necejjary and ejfential to the making 
 a Corporation. Corporations commence four ways. 
 Of pleading a Corporation by Frefcription. Of Cor- 
 porations by AU of Farliament. Of Corpnations 
 
 h
 
 The CONTENTS. 
 
 by the Kmgs Charter, Bj what Words a Corpo- 
 ration my be ereHed. Corporation to a {pedal 
 Intent. Charter that a Corp' ration fijall fend 
 Burgejfes, Who to he fald the hounder of a Cor- 
 poration. Of the Natfie cf a Corporation. Of 
 the change ef the Same of a Corporation, and 
 that the new Rodv (Ij ill enjoy the Prtz'ileges of the 
 old Body. The Manner of Pleading whetf the 
 Name is changed. iVhat things are incident to 
 4 Corporation. Conflrutlton of Letters Patents. 
 
 CAP. 11. 
 
 Of the Mayor, Aldermen, Sheriffs, Bai- 
 lifFs , Sergeants in Corporations and 
 Franchifes. 
 
 Whether and how one Perfon may be JUayor and 
 Town-Clerk at one and the fame time. Sub- 
 poena out of /i&tfExchequer ferved upon the Mayor 
 tf/^ London, when he was executing his Office as 
 (s Magifirate in cafe of Htgh-Treajon. Of an 
 Alderman refigning his Office. A Commotf-Coun- 
 eiU what. Of the Ele^ion of Mayor, BurgeJJes^ 
 &c. How to be made, whether by all the Corpoi 
 ration, or a feleB Member. Both the Sheriffs 
 of London but one Sheriff. Newgate a Prijcn 
 both for London and Middlefex. Commitment 
 by the Sheriff^ of Middlefex is not a Commitment 
 in London, though the Sheriffs of London and 
 Middlefex be all one. Of the Compters. Of Suits 
 in the Sheriffs Courts. Of Bail and Sureties to 
 the Sheriff. Where there are two Sheriff), the 
 Writ to be returned in both their Names. Of a 
 Non omittas, Sec. Difference between the Form 
 of a Sheriff's Ret urn .^ and ha Return to a Bailiff 
 of a Francbife, Bail tn what cafe not cbargable. 
 
 Capias
 
 The CONTENTS. 
 
 Capias dire5ied to an Officer of the inferior CoHrt, 
 be ftjufi return it. It^s incident to the Grant, 
 that the Corporation may make Bailiffs and Ser- 
 jeants to execute Procefs, hut not make a Burgefs 
 to execute a Writ of En^uirj^ and the reajon of 
 the Difference. 
 
 CAP. m. 
 
 Conufance of Pleas. 
 
 Three forts of Conufance of Fleas. Conufance denyed 
 to the City of Worceftcr in Trefpajs brought by 
 the then Lord Chief J uj} ice Anderfbn, and why. 
 The Claim muH be put in by -way of Plea, and 
 not upon Oath. Charter of Oxon was to proceed 
 in all Pleas and Quarrels in Law or Ecfuity, 
 How to be extended. Whether a i>uit by Quo 
 Minus jhall bar the Privilege of the Univerfity 
 who have Conufance. Grant that a Village ^all 
 have a Retorna brevium. Certificate to be made 
 upon one'*s own Knowledge. A Vainttr matri' 
 culated in Oxon on purpofe to avoid an Office^ 
 not good. By the Conufance of Perfonal Anions 
 they (liall not hold Plea of Ejedione firme, and 
 why. How a Corporation Defendant is to give in 
 Batl. Srar. ;i Ed. i. of Wines, and the Stat, 
 7 Ed. 6. c. 5". explain d. Tryal of Conufance how 
 It pull be. The Warrant may be in Latin. Habere 
 cognitionem, how far it extends. Conufance 
 when to be demandedy and bow. If demandable 
 in a Tranfitory Aclion. Prefident of a Plea of 
 Conufance by the Vice Chancellor of Oxon- 
 
 CAP.
 
 The CONTENTS. 
 
 CAP. IV. 
 
 Adtions brought in Inferior Corporations, 
 and of Jurildidion, Declarations and 
 Pleadings. 
 
 Trefpafs and Trover^ the Difference. Riens per 
 Difcent pleaded by the Heir, Plaint if replies Af- 
 fetSj hut jh:ni>s not any Place -where. Dies Juri- 
 dici and Adjournment. Suit in Inferior Courtt 
 and then a Bill in B. 1^. it (liall not abate. No 
 yiffignment of Error agamfi a Record. Of Pro- 
 ceedings after Ha!)cas Corpus deli'vered. Mayor 
 and Bayliff's, Judges of the Courts., yet hyCufiom 
 the Bayltjfs may be Officers. Bayliff takes the 
 Bayl in Execution^ and no Capias agamfi the 
 Principal. Informations not to be exhibited in 
 Inferior Courts. The J tin (diction of an Inferior 
 Cturt ought to be ^leived, and tn what cafes it 
 cught to be jhewed, and m what not. Where it 
 wpfi be (licii'ed by what Authority the Court is 
 heidy by Patent or Prefcription. Where the Let- 
 ter i Patents need to be fet forth ornot. Six Ma- 
 
 , 4c,rtai Exceptions to a y unification in Trefpafsi 
 Tra,verfe upon a Traferfe^ where it may be ufed. 
 Lund lies tn the Suburbs, and a. Venire from the 
 Parijl} tn a City. In Declaration of the Place to 
 which .^ &c. appears to be m another County .^ the 
 'fury cannot try it. IVhere the Ccurt cannot try 
 Alfumplit becaufe they cannot encjutre of the Per- 
 formance of the Co~fjfi deration. Confiru^ion of 
 Ad tunc 2< ibidem. The Difference between the 
 inferior Courts and Superior Courts, as to jF«- 
 rildidion and Tryal. Indcbitat' Airumpfit for 
 Wares [I'ld and delivered^ not faying where. 
 Dilconiwuance of Plea for Default. In what 
 f'.tst :be Jury 7naj affefs Damages m a Foreign 
 
 Jurtf^
 
 The CONTENTS. 
 
 Jurifdi^ion. Rcgula about JurtfdiBion as to 
 Pleading. Of trattfitory Anions tryed tn Infe- 
 rior Courts. Difcontinuance whtre one is hound 
 proferre LIteras Patentes or not. Where m Cer- 
 tijicate on Error Jurifdi^ion mufi be fet forth, 
 and where it need not. Enquiry of Damages be* 
 fore whom. What WitneJJes for a Corporation 
 in a Tryal fhall be allowed or not. The Perfor- 
 mance of the Promife muft as well be within the 
 JurifdiBiony as the Promife it felf. Attachia- 
 tus for Summonitus not aided. Dicit omitted in 
 the Deelaratim. 
 
 CAP. V. 
 
 Stile in a Corporation-Court. 
 
 0/ the Stile in a Corporation-Court, and what 
 Mipakes are Error or not. In Inferior Courts, 
 the Authority whereby they are held, and the 
 Names of the Judges before whom they ought to 
 be exprejjed. No Judgment in a perfonal ABion 
 before Jippearance . No Plaint can be entred but 
 at a Court. The Plaint is as the Original at Com- 
 mon LaWj and how the firji Entry ought to bd 
 Of the Court of Piepowders. By Cuftom may 
 hold Flea of Bonds^ dec. Court by Prefcnption 
 not taken away by the Kings Confirmation. Of 
 Bail in Inferior Corporations to appear. Who 
 may take fucb Bail. Bail to pay the Condemna- 
 tion or to render the Body. Before whom to be 
 taken, and why. 
 
 CAP.
 
 The CONTENTS. 
 
 CAP. VI. 
 
 0{ removing Caufcs, and Habeas Corpus. 
 
 On a Procedendo tf the Bail on rernattding the Re- 
 tard be dijtnijjed. Upon removal by Habeas 
 Corpus or Frtvile^e. Bail ts recfuirable of what 
 nature foever the ABiort be. IVbere Bail to be 
 entred. Of Caveat for good Bail, and of Ex- 
 cefttons to Bail. Habeas Corpus vjhm return- 
 able, of Bail de bene cfTe. When and with- 
 in what time a Procedendo to be granted. Uport 
 removal of a Caufe by Habeas Corpus, where 
 the Action to be laid. No Writ to remove a 
 Suit commenced tn an inferior Court to be obeyed 
 unlefs it be delivered to the Stewardj Sec. cf the 
 fame Court before IJJ'ue or Demurrer joyned. A 
 Suit once remanded jl}all never afterwards be 
 removed. A Suit when the thin^ in demand 
 exceeds not 5 1. fl)all not be removed. The Stew- 
 ard in the Inferior Court upon fuch removal of 
 Cattfes to be an Utter Barrifter. The Statute of 1. 1 
 Jac. c. g. extendi to fuch Actions only where the 
 caufe cf Suit is properly ari/tng within the tillage. 
 Thecouffe of the King s Bench m fuch cafe. 
 
 CAP. vn. 
 
 Tryal, Vertlid, Jury. 
 
 Ad tunc & lb!d. to what it refers. Where the In- 
 tjueft jhall be by all Deniz,er,s and no Foreigners^ 
 Stat, xj Ellz. C$- 3^ /y. 8. of ftffictency ofju^ 
 rorsy exetndt not to inferior Ccurti. On ufurtous 
 Bond, tryal to be where the Ufury is laid to be. 
 The Partjh and Ward cf London, how to be con- 
 fidered. Venue de vicineco civitati>_, Vart\h and 
 
 IVard
 
 The CONTENTS. 
 
 Ward mentioned in London only. Where Tryal 
 jhaS be, per Pais, or by the Mouth of the Recor- 
 der. Where J and in ivhat Cafes tryal ^all be m 
 the County next adjoyning. From whence a Ve- 
 nire to be aivarded of the Tryal concerning the 
 Corporation. Where P. & Burgus de P. fliall be 
 intended all one. Foreign Plea and foreign Vou- 
 cher. Tryal where the Tort is^ and vet where 
 Covtracl was De vicinetode VilL and the Jurif- 
 dttiion extends not cut of the Village. Where the Pa' 
 rijh and Village (hall be intended all one. Where a 
 thing is alledgedin a Ward^how the Tryal (haU be. 
 De vicineto de Lyme, which extends tothe t^eigb- 
 honrhood out of the Jurifditttonj yet good. 
 
 CAP. VIII. 
 
 Judgment. Error. 
 
 Certiorari not to be awarded to an inferior Court .^ t(> 
 certifie that which the Record jhould certifie. 
 Atnendwent. What ^udjtrtmit JljaH be given in 
 a Writ of Error. The Entry of the Judgment 
 how to be. Error i'a Bi. ^. Error in entring up 
 the Judgment in an Inferior Court. Where^and in 
 what cajcs Appearance aids the putting in theDe- 
 claration before Appearance-, and in what Cajes 
 not. Suit on a Bill before time of Payment is 
 Error. Action of Dower by way of Plaint in Infe- 
 rior Court, by the Cujlom of the Court is Error. Er^ 
 ror in the file of the Court. Plaint and Declaration 
 'vary. Writ of Enquiry of Damages to be retur- 
 nable in Court, and net inquiry by Baylijf. Error 
 for faying per Ballivos, and not Baliivos & Ml- 
 niftr'tjuldem Curisj. IJJ'ue trjed the fame Court 
 the Venire Fncias is retur7'iablei is Error. Venire 
 Facias how to be awarded. Procejs to a Scrgant 
 at Mace, not r.amivg hn Name good enough. It 
 
 mufi
 
 The CONTENTS. 
 
 Tfjuf} appear from what Place the Venlj e comes, 
 elje its Error. Stat, rf Eliz. cap. 6. e xt en Jj on- 
 ly to the Courts at Wellmlniller, The Record in 
 Error comes to be certified tn the "Names of the 
 yudges of the Court. Recovery in Inferior Courts 
 bow to be pleaded. Stewards iu Inferior Courts 
 how to make their Certificates. The Court is held by 
 Lf tiers Patent., and the Proccfs is awarded.^ fecUn- 
 dum confuetudlntm Curia:, tts Error. If Plaint 
 be not entred before Procefs fued out^ iis Error. 
 Court held die dominico, and affigned at the Bar 
 for Error ^ it was tryed by the Almanack. A Pre- 
 fident of a Writ of Error of a judgment tn Nor- 
 wich. The Si lie and Titles of moji of the Cor- 
 porations in England. 
 
 CAP. IX. 
 
 Of Adlions brought by Corporations and 
 againft Corporations and Pleadings. 
 
 A Parfon, Archdeacon, 6cc. may have Action of 
 IVafte^ and how the IVrit Jliall be. They Jli all 
 have Aid. If the ejjential Name of the Corpo- 
 ration be named in the Action it is fufficient. In 
 Ejectment upon a Leafe by the fFardenj &c. ;/ 
 good without naming his Chrifiian Name. Alitcr 
 of a Parfony Vicar ^ &c. Action agamfi a Cor- 
 poration for not taking Bail. Attion of Cove- 
 nant brought by Lincoln a(rainB Derby. Cor- 
 foration anfwerable for what is done by their 
 Officer. When an Action is brought againfl a 
 Corporation, and againjt the Inhabitants of a 
 Village, the difference as to naming them. In 
 Faux Imprisonment against the Mayor ^ &C. of 
 Norwich, the Original was dire^ed to the Coro- 
 ners of the faid City. The Form of the Writ in
 
 The CONTENTS, 
 
 a real /i^ion hy a Ccrpsrationy and faith not ut 
 jus & hsredlratem. Officer of an Inferior Court 
 where he jufiifiei Proceedings j ought to fJoew their 
 yurijJiBton^ i. e. whether bj Grant or Prefcrip- 
 tion. Profert Litcras Patentee, where it need 
 not he. Writ of Frank Almoigne hy ri6eCuftos, 
 &c. 0/ All Souls C6 liege J h^-w it ought to be in 
 jure Collegli omitted. In Declaration JheTVt 
 not the number of the Guardians ivhich mere ap^ 
 pointed by the Charter. Where a Grant (Jjouldbe 
 pleaded by way of Bargain and Sale and not as a 
 Grant. In fleadtng the Defendant faith not it 
 ivas Antiqiia Civitas. Thz Plaintiff dechres a- 
 gainff J. S. in Cafiod/ of the Sergeant^ and it 
 appears not that the Sergt^ant had any Precept to 
 arrefi him, the Defendant appears and demurs 
 upon the Declaration. Corporati'^n cannot pre- 
 fcribe bf a Name which they ba've received with- 
 in time of Memory. Civibus omitted in the 
 Judgment, All necefary Circumfiances intended ' 
 to be executed. Seifed in Fee and ( in jure left 
 out'). Per Komcn. An Averment fiff.cient to 
 (liew the Name of the Ccrporattonj and the Name 
 in the Leafc or Grant are all cne in Subflance^ 
 Where it need not be exprejsd that the Debt did 
 arije infra Jurilciiclionem. But if he tender the 
 Plea and they refujey it^s Error. Three Frejtdents 
 of pleading Recovery in an Inferior Courts tn A- 
 Hions of Trefpafs for taking Goods, and Faux 
 Imprifonment, 
 
 CAR
 
 The CONTENTS. 
 
 CAP. X. 
 
 How, and in what things, and to what piir- 
 pofc a Corporation may Prefcribe or 
 
 not. 
 
 7be Corporation of Dublin to recover three ftnce 
 per Pound of all Merchandifes. -Court of Chan- 
 cery in London by f refer ipt ion. Prefcription 
 for Common. Prefcriptton for fVharfage tn 
 Queen-hyth, pleading by way of Cufiom and not 
 Trefcriptton. A Corporation^ how to prefcribe. 
 A thing may he good by Prefcription^ too not by 
 Grant. Cannot prsfcribe to be dtfcharged of the 
 Annual CuJlor», a Reienue of the Crown. A 
 Corporation^ how to prefcribe. Que Efiate^ how 
 to be pleaded. Vide Pleading. 
 
 CAP. XI. 
 
 Grants by, or to a Corporation. 
 
 What things a Corporation cannot do^ hut by Deed or 
 not. Attoruy Surrender^ Acceptance of Rent, 
 The Bailiff in Ajfiz^e of Fref) Force cannot appear. 
 "Without Warrant in writing. Cannot Licence one 
 to take their Trees without Deedf nor fend one 
 to make a claim to Land^ nor command one to 
 enter for a Condition broken. Of Conveyances of 
 Land by a Majier and Fellows of a College^ 
 Dean and Chapter, &c. Stat. I \ Ellz. c. i o. 
 ConftrucUon of the Statute^ iSEliz. c. 2. Fme 
 
 attd
 
 The CONTENTS. 
 
 and Non-Claim if a Bar. Hjw others acknow- 
 ledge a Deed to he inr oiled. Letters Patents votd, 
 the King not being "well apfrifed of his Eft ate. 
 Mayor, i:c. mt named by their Name. Dtjfe- 
 rence between a Cvrporation J^ggregate and Sole. 
 If Grant to a Corporation that -wants a Heady 
 hiw good, or not. Name of Baptifm mifiaken. 
 Grant void for incertainty. Upon Grant of half 
 yard Land to a Corporation^ how they wufi 
 make ElcBion. Grants, Leafes made by a Cor' 
 f oration. No delivery nccejjary to a Deed of a 
 Corporation. Corporation is net to be feijcd to 
 anotbers U/e. (Rapacity to take, but not to hold. 
 Letter of Attorney to take Vcjfejfion. Of Parties 
 to the Indenture. A pre f dent of the Griint of an 
 Annuity granted by a Corporation^ in conf deration 
 of good Service done. Leafes and Grants of 
 Colleges and Hofpitals when they fliall be good or 
 nety and how to be cfualified ivtthin the Statutes^ 
 tUuf rated by feveral Cajes of devifes to Corpora- 
 tions. • 
 
 C A P. XII. 
 
 Mifnomer of Corporation. 
 
 IBy Addition, Omiffion. Jnverjion of Order. Va- 
 riance not in fubjlance of the Name. "The befi 
 courfe in doubts of Aii[nomer, is to caufe the Ver- 
 di^ to be found, that the true Corporation did 
 grant, per nomen. Where, and in what Cafes a 
 good Defcription of a Corporation is fujfictent, 
 though there be a Mifnomer. The difference be- 
 tween the name of the Place, de Savoy & vocat' 
 Savoy. Corporation not to be limited to a Coun- 
 a 2. fj,
 
 The CONTENTS. 
 
 ty. Sufficient demonfiration of a Flace. What the 
 Mayor and Burgejfes of Lyn's Cafe. The Dean 
 and Chapter of Carliflc's Cafe. Dean and Chap- 
 ter of \Vind(or's Cafe. Merton College Cafe. 
 Pafchal and Fandiaw'j Cafe. The Caje of the 
 Cookf of London. Queens College tn Oxon. 
 Launcellon in Cornwall. The College of Eaton'f 
 Cafe. The Cafe of the Corporation of Bo(ton in 
 LincolnOlire. Trinity College in Cambridg. 
 Dean and Chapter of Chrift- Church i»Oxon. 
 
 CAP. xm. 
 
 What A€t done by an Abbot or Bifliop, (^c 
 fliall bind their SuccefTors or not. 
 
 Sole Corporation cannot dtfclaim a Seigniory. Can- 
 not deveji a Fee "which is vefted in them. Dtfclai- 
 mer in a Quo Warranto [fjall bind their Succeffors. 
 Ho-ii^ a fole Body Volttick might have made a Dif- 
 continuance. Stat, i Eliz. I % EHz. and i Jac.c.g. 
 rejlrain Dif continuances. What things (Jjall go in 
 Succeffion. Where the Succefjor of a Body Corpo. 
 rate fiiali baz/e Chattels and Debts upon Bandy and 
 other things. Of the SucceJJcr of the Prejident 
 cf the College of Thyficians. Of Vtfitors. 
 
 CAP.
 
 The CONTENTS. 
 
 CAP. XIV. 
 Of By-Laws, chiefly in London. 
 
 Tower to make By-Law i incident to a Cor for at ton. 
 A^s of Common-Council. What By-Laws are 
 goody and what not. By' Law concerning Land. 
 A^s of Common-Council cenfnred as to Form. 
 Of By-Laws reflrainmg Trade s^ Stat. 19 H. 7. 
 c. 7. Allowance by whom. Monopoly. Ordinan- 
 ces pro bono publico. The Cafe of Blackwell- 
 Hall. By-Laws by Inhabitants of a yillage. 
 In what cafe a Corf oration cannot make a By- 
 Law. The Town 0/ Colchefter^j Cafe» Free* 
 dom of a Corf oration to be bad three manner of 
 ways The cafe of Wharfage at Puddle-Dock, 
 with an Abfira£i of the Argument. No Forfei- 
 ture of the Subje^s Goods may be by a Charter. 
 Nor Imfrifonment. Ordtnance of the Merchant 
 Taylors Com f any, A By-Law of the Bricklay- 
 ers Comfany. Company of Lock-Smiths in Dur- 
 ham. What will not amount to a Corporation. 
 The Ordinance of Blackwell-Hall. By-Law not 
 to take Affrentice the Son of an Alien. Ordman^ 
 ces retraining Apprentices that have ferved their 
 Time. Foreftalling of Ftjlj. Imfrifonment not 
 for the Offence of a By-Law f but the Contempt. 
 In what cafes Imfrifonment by a Corporation it 
 lawful. Scavage Debt for a Duty growing on 
 a By-Law. By-Law as to the Number of Cars 
 in London. Cufiom may create a Monopoly. 
 Winchelfea By-Law as to Beacon. Oxon By' 
 Law again ff Night-Walking. By-Law not to 
 oblige tbofe which are not within their Body. 
 a 2 Stran-
 
 The CONTENTS. 
 
 Strangers ivhere not to take notice of the By- Laiif 
 cf the Butchers tn London. By-Laws to prevent 
 the Excrefcsnce of Trade. Refiratnt as to the 
 place of Trade. Acls of Common-Cotmal in 
 
 London. 
 
 CAP. XV^ 
 Cuiloms of the City of hondon. 
 
 They cannot try fuch Cujtoms as diriElly concern their 
 own Corporation by their own Certificate. Cujiom 
 as to Qiieen-hyth. The nature of the Certificate 
 hy which they try a Cufiont. Hawkers. What 
 Cuftcm of London is tryable^ per Pais. The Cufiom 
 cf taking Recognizances. The Courts are bound 
 to take notice of the Cufioms of London. Contri- 
 btition by Sureties; Citizens of London ought 
 not to be impleaded in real ABtonSy but in their 
 own Courts. Pleading. Lands in London pafs by 
 Bargain and Sale, without Inrollement. Cuflem 
 •f London of to (topping Lights by Building, 
 The Cuftom of London as to Inn- keepers felling 
 their Guejis Horfes. Cuftom of London as to 
 Gutters. Unity of PoJJeJfion. The Lord Mayor 
 a Jufiice of Peace, cannot imprifon without fljew- 
 ing Caufe. Trefident of Declaration for fiop" 
 pmg Light, and the Cuflom cf London pleaded. 
 The Cujiom of London as to Prifage of Wines, 
 Devife of Land in Mortmain. 7 be Cujiom as 
 to weajuring of Ccals, Sfat. 5 Jac. C. I 5*. Of 
 Relief of po6r Dsbtors. 
 
 CAP.
 
 The GONTENTS. 
 
 CAP. XVI. 
 Of Foreign Attachment in Londm, 
 
 The Manner hew it may he made, and the Vroceed- 
 ings in it, and what things are Attaebabk or not. 
 The Garnifliee whot and what hp is to do. Of 
 Bail on Attachment, Of Pleading by the Gar- 
 viftiee. The Money or Goods of a Frifoner in the 
 King's- Bench or Fleet how to be Attached. 
 How Attachment may be avoided. Foreign At- 
 tachment in Exeter and Pleading, Whether a 
 Debt owing to a Corporation be within the 
 Cufiem of Foreign Attachment. What Debts or 
 Goods may be Attached by the Cu^oWi Of Horfe 
 in Inn-Keepers Hands. Rent, Foreign Attach- 
 ment on AtUon on the Cafe. Goods not Attacha- 
 ble in the Hands of a TreffaJJ'or. Debt in a Su- 
 perior Court not to be Attached. Of Attachment 
 of a Debt before it is due. Mmey due on Ac- 
 count or Bond after Promife to pay ity and the 
 Day of Payment pa^ may be Attached. What 
 Money not Attachable., as a Debt due to the Tc- 
 fiator Tempore Morris fux. Damages not At- 
 tachable. In what Cafe the Attachment mujl be 
 entred agatnfi the Lord Bifwp of London. How 
 Attachment is dijfolved. The Manner for the 
 Defendant in Attachment to dtfpravs or avoid 
 any Debt. Foreign Plea. Surmije that the 
 Stranger who is indebted to the Pefenditnt is 
 within the Jurifdi^ion. Cuji^om of London as 
 to fequejjtrwg an Houfe. 
 
 a 4 CAP.
 
 The CONTENTS. 
 
 C A P. XVII. 
 
 CuHoms of London. 
 
 Other C'jttomi of London, that none jhaU keep any 
 Shot), or fxpofe to fale, not being a freeman. 
 For rein hough t and forrem fold^ forfeiture by 
 Cuftcm. Regularly no forfeiture of Goodi by a 
 Patent, Cujtoms againft common Right and 
 Fule of Law allowable in fome Cajes. Cre- 
 ditor by the Cuftcm may arreH the Debtor before 
 day of Payment. To enter an Houfe upon fufpi- 
 cion of Whoring. A Freeman not to employ a 
 Forrfigner upon pain cf 5]. per diem. Exami- 
 nati'n of the fatiifatHcn cf a Debt good by 
 Cuitcm. Extcutf'n charged upon Jimple Con- 
 trabl. The Cufiom as to arreHing before entry 
 of the Atlicn. 
 
 C A P, XVIII. 
 
 Cuftom of London as to Anions and 
 Picas. 
 
 Foreign Tlea, and they refufe it, what is to be done. 
 Good Ad'vice if it be doubtful^ whether the Cu-- 
 jlom li good or nor., as for calling a Woman Whore, 
 Extcurtrs and Adminl(lrators charged upon the 
 f/tjple Centrasi <?"' iheir Teffator^ Error of a 
 ju.Umsn: be^rra the Lord Mayor is reformed by 
 Com'-KijfioHsr:, except w cafe of Injormation, 
 
 Cufioms
 
 The CONTENTS. 
 
 Cufioms as to being fued in real Miions. Heir 
 fued on the Bond of bis Ance(tor. Lord Mayor 
 the Coroner. No Capias lies againfi Bail by Re- 
 cogniz,ancei Cufiom to take Defections in pcrpe- 
 tuam rei memoriam , without Suit depending. 
 The Bail not to be taken in execution without a 
 Scire Facias. 
 
 CAP. XIX. 
 
 Orphans and Devifes. 
 
 Q/* the Court of Orphans in London. The Cufiom. 
 Of fecurity given to the Court of Orphans^ and 
 how. Of Hochpoty and the nature of it. Or- 
 phans not to marry y nor to be put out /Apprentices 
 without leave of the Court. Marriage without 
 Confent is finable, and Imprijonment till payment. 
 If the Cujiom extends to Lands out of London. 
 The Cufiom of London as to the difiribution of 
 the perfonal Efiate. Of Devifes by Freemen, 
 If Orphans Mony be devifable. 
 
 CAR
 
 Tlic CONTENTS. 
 
 CAP. XX. 
 
 Cuftoms of London as to Apprentices. 
 
 Where, and in what cafes a Freeman of London 
 may ufe a Trade to which he was not apprentice, 
 and where^ and tn what cafes not. To what 
 Covend' ts Apprentices are lyahle by the Cuftoms 
 of London, and bow pleaded. One may bind 
 himfelf Apprentice at the Age of fourteen. To 
 bring Action at Common Law general^ and to 
 maintain bf Cufiom, if a departure. A By- 
 Law cannot make the Bond or Covenant void. 
 The Cu^om as to the Jnrolment of the Inden- 
 ture. Of a Turn-over. The manner of alledg- 
 ing Cufiom and not laying ^f^^^- '^^^ Char- 
 ters of London not any Difpenfation with the 
 Statue 5" Eliz. c. 4. of Trades. No Freeman 
 to employ one tn a Trade that had not been Ap' 
 prentice. Concerning the Majter s making the Ap- 
 prentice Free. A Pre/ident as to the Cufiom of 
 London, that if the Apprentice be not inroUed 
 by the Mafier he tnay jue out ha Indentures, and 
 the Apprentices Pitttton in French to the Mayor 
 and Aldermen. 
 
 CAT.
 
 The CONTENTS. 
 
 C A P. XXI. 
 
 Cuftoms in Inferior Corporations, and 
 fome in London. 
 
 In Lichfield, for a certain Quantity of Corn ofthofe 
 that brought Grain to t£e Market. Gravefend, 
 not to tranfport Pajfengers without their Licence. 
 Briftol, conceflit folvere. Salisbury, of ajfaulting 
 an Officer and others. Shrewsbury, to imprifon 
 for Contempts at their Difcretion. Norwich, 
 fVharfage and Crainage. Toll-thorough Nor- 
 wich. To give the true Debt to the Vlaintiff, 
 though it be upon a Bond. Tewksbury, a Di- 
 firefs on Tax to repair a Bridge. Exeter, For- 
 feiture for rezfiling the Mafler and IVardensy 
 and Sale of the Goods on Non-payment. Trini- 
 ty-Houfe in Deptford, A good By-Law, but not 
 made by fuffciem Authority. When and in what 
 Cafes By-Laws f Jail bind Strangers. The Diffe- 
 rence between making and ufing of a Trade. 
 JVeigbing Goods at the Common Beam. 
 
 CAP. XXII. 
 Incorporation of Companies. 
 
 The Canary Company , that none but fuch and 
 fucb fljould Trade to the Canaries. The Cafe 
 of the Company of SoapmakerSj and the Ar- 
 gument abridged. The Cafe of the Ruifia 
 Company. 
 
 CAR
 
 The CONTENTS. 
 
 CAP. xxm. 
 
 Diflblution of Corporations. 
 
 U beret ^^^ h "^^^^ ^^^ ^^ Accidents Cot f orati- 
 ons flmll he diJJolveJ and exttngm^iedy and by 
 what not. Dean and Chapter Jurrender thetr 
 Tojjejfions^ yet the Corporation continues. Tho a 
 Corporation be altered in name yet they (hall en- 
 joy their ancient Privileges. By Surrender a 
 Corporation cannot be dijfolved Quer. What a- 
 mounts to a Di^olutton or not. Upon DiJJ'olhtion 
 the Lands revert to the Heir of the Donor. Tho 
 a Corporation be dijfolved^ yet their Grant were 
 Good. 
 
 CAP. XXIV. 
 
 Quo Warranto. 
 
 Jhe nature of it. Qao Warranto brought forUfer 
 and not for Ahujer. What mijufer ts a Forfei- 
 ture of all the Liberties^ and -what not. Sei- 
 z,ure by the King. Judgment againfi the Vir- 
 ginia Company tn a Quo Warranto. The An- 
 fv^cr or Plea to a Quo Warranto. Where Grant 
 or Confirmation by Charter does not dejiroy Pre- 
 jcription. Difference befween JJfurpmg to be a 
 Corporalinn, and the Franchtfes. If Quo War- 
 ranto be brought to dijf'olve a Corporation^ how it 
 fliall be brought. The appearance of the major part 
 to a Qiw Warranto beiag Recorded is fufictent. 
 The Cafe of the Qiio Warranto lately brought 
 
 againfi
 
 The CONTENTS. 
 
 againfi the City of London, and the Judgment. 
 Trial f and Jffue in a Quo Warranto, and Judg- 
 ment. 
 
 CAP. XXV. 
 
 What ihall amount to a Forfeiture. 
 
 Corporation feifed for notorious Riot. Dr. Lamb / 
 Cafe. Riot and Murder. Cinque-Vorts for not 
 obeying a Certiorari, Mifufer of a Francbife a 
 Forfeiture. Where many Perfons are concerned 
 in point of Charge or Difcharge^ how the King 
 may fue. Prerogative in pleading. In two Cafes 
 Liberties may be feized by award cf the 
 Court. Where Judgment of Oufter fhall be 
 entred. Where Setjure. Several forts of Sei- 
 fures. The way to take off the King's hands. 
 What fever is contrary to the Duty and Trufi of 
 a Member is a Forfeiture. Mandamus to cboofe 
 an Alderman. What mtfcarriages are a caufe of 
 Forfeiture. 
 
 CAP. XXVI. 
 
 What are gaodand fufficknt Caufes to disfrancbife 
 or turn cut a Ci(iz.en, Freeman, cr Burgeft of 
 any City cr Burrcugb incorporate, and to dif- 
 charge h.m of bis Liberty or Freedom. So to re- 
 mcze a Hiccrdery '1 jwn- Clerk, &c. Words of 
 Cent mpt contra bonos mores. Endeavour and 
 no yf ^/ not a gud Caufe. Common Drunkard a 
 gcvd Caufe to nmcve. Old Jge. Opprobrious 
 words again j} ihc Corporation. A Perfon infa- 
 mous.
 
 The CONTENTS. 
 
 mous. Hou\ andhy what means a Man it to 
 be dtsfrancfnjed. Suppofe they return a fuffici- 
 ent Caujcy and the Canje he falfe. Where a 
 Verjon may be removed without Caufe. 
 
 C A P. XXVII. 
 
 Mandamus and Returns. 
 
 To reflore a Common- Council Man 0/ Northampton. 
 The Manner of a Moving mujf be returned. 
 Where removal may be without Cau'e^ and where 
 not. Of Election durante bcneplacito. Debito 
 modo eletSlus how extends. The Court of B. R. 
 may force a Corporation to [wear a Return-, fed 
 qucT .Charter merges not any ancient Fnvtleges. 
 Removal for Nvnfubjcription upon taking the 
 Oaths. Where the Rtturn good or not. When a 
 Man agrees to he of a Company he mufi fubmit to 
 the Laws thereof. A Peremptory Mandamus^ 
 Mandamus to enter up a Judgment. Recorder., 
 Serjeant ^ Common-Coiincil- Man. Reftgnation 
 returned. The bringing the Mandamus admits 
 the Corporation. Mandamus to make /Apprentice 
 Free, Fellow of the College ofPhyJicians^ Attor- 
 ney^ Solicitor ^ Town-Clerk^ Steward of a Court 
 Barottf Leeti Uflier of a School, Debite ad- 
 milfus bow tryed. Treajurer of the New River 
 Water. A Minttr. IQ Return hecaufe one part 
 of the Corporation left out. Durante bene geflerir. 
 Mandamus Teite out of Term. Of filing the 
 Returns. Attorney in Inferior Court. Prefident 
 of a Mandamus to Dr. Widdrington, Fellow of 
 ChrlftVGjllege in Cambridge. 
 
 CAP
 
 The CONTENTS. 
 
 CAP. xxvni. 
 
 Conftitutions of Ads of Parliament for 
 the Benefit of Corporations, or not. 
 
 Stat. 13 Eliz. c. 10. Stat. I & aPhil.& Mary, 
 c. 8. of Trinity-College in Cambridge. Where 
 Corporation barred hy Fine and Non- claims and 
 where not. Stat. 21 Jac. c. ;. of Haboa* 
 
 Corpus. 
 
 CAP. XXIX. 
 
 Privileges granted to Corporations. 
 
 To be ejuit of Toll. Tutting in Bail in Oxon Uni- 
 'verfitj. Privilege granted by way of Interefi 
 and execution to one not a Member. Glouceftcr 
 City made a County. Claims of Liberties before 
 fuflices in Eyre. Exemption from Juries out of 
 their Corporation. When and by whom fnch 
 Privileges to be demanded. 
 
 cap:
 
 Cfje KLalD of Co^po?tition0* 
 
 CAP. I, 
 The Nature of a Corporation. 
 
 The "Nature and End of Corporations, The difference 
 betweert a Cor f oration and a Francbtle. 7 he [eve- 
 ral forts of Corporations. Of fole Bodies Politick, 
 Of Corporations Aggregate. Corporations Aggre- 
 gate are fometimes General, and fometimes more 
 Special. In -what Senfe a Corporation is an Exe^ 
 cutor, and in what not. Corporations Aggregate 
 'ivhat they may do or not. What things are neceffa* 
 ry and ejjential to the making a Corporation. Cor- 
 porations commence Four Wap* Of pleading a 
 Corporation by Prefcription. Of Corporations by 
 A^ of Parliament Of Corporations by the King's^ 
 Charter. By what Words a Corporation may be 
 ereBed. Corporation to a fpecial Intent. Char- 
 ter that a Corporation fiiall fend Burgefj'es. Who 
 to be [aid the Founder of a Corporation. Of the 
 Name of a Corporation. Of the change of the 
 Name of a Corporation.^ and that the new Body 
 fliall enjoy the Privtledges of the old Body. The 
 Manner of Pleading when the Name is changed. 
 What things are incident to a Corporation. Con- 
 ftruclion of Letters Patents. 
 
 A Corporation or IncorporAtion is a Body rra- 
 med by Policy or Fifiion of Law, and it's 
 therefore called a Body PolicicJ?; and it's 
 called an Incorporation or Body incorpo- 
 rate, becaufe the Pcricns are made into a Body 
 
 B "which
 
 i Z\}t LaiD of Co^po^ationsf* 
 
 which endurcth in perpetual Succellion j and are of 
 Capacity to grant, fiie or be lucd, and the like. 
 The Opinion ot Chiet Biiion Ahnweod is odly ex- 
 prefs d. Corporations are invilible, and immortal, 
 and have no Soul ; and therefore no Subpana lies 
 againft them, becaufe they have no Confciencc nor 
 Soul. None can create Souls but God ; but the 
 King creates Corporations, therefore they have no 
 Souls. They cannot fpcak nor appear in Perfbn, 
 but by Attorney, i Etiljlr^ 133. 7//>p/«^ and Ffx- 
 hafs Cafe. 
 
 A Corporation is fbmcthing more than a meer 
 Name or Notion. 1 1 Rep. Sir ^ames Bags's Cafe 
 allows it to be furh a Right, that every Member, 
 Separately confidered, hath a Freehold therein ; and 
 all, jointly confidered, have an Inheritance which 
 may go in Succeffion. 
 
 The general Intent and End of all Civil Incor- 
 porations is, for better Government ; either general 
 or fpcciah 
 
 The Corporations for general Government only, 
 are thofc of Cities and Towns , Mayor and Citi- 
 zens, Mayor and BurgefTe?, Mayor and Commo- 
 nalty, &c. 
 
 Special Government is fb called, becaufe it is re- 
 mitted to the Managers of particular things, as 
 Trade, Charity, and the like ; for Government 
 whereof feveral Companies and Corporations for 
 Trade were erected, and feveral Hofpitals and 
 Houfcs for Charity. So Trinity Houfe for regula- 
 ting Corporations, College of Phyfitians, &c. 
 Thefe are only confidered in Abfl:ra6l. 
 Difference be- But a Corporation, or Body Politick, is not only 
 twcen a Corpo- 35 a Franchife. A Body Politick is framed in fimi- 
 FranthifT ^ ^'^"'^^ ^^ ^ natural Body ; with a Capacity to 
 take, hold, and enjoy, and a6t as a natural Body : 
 it is a Capacity framed to be and a(St as one Perfbn. 
 But Franchifes, and Liberties of all other Natures, 
 
 are
 
 Cfje laiu of €ojpoiatfotij3. 
 
 are Eftates and Inherirances grantable and convey- 
 able from one to another, but a Corporarion can- 
 not be (b. Ocher Franchifes and Liberties convey 
 either fbmc Profit from the King, as Felons Goods, 
 Waifs, Strays, d^c. or afFe<3: his Subje6ls, as Courts 
 Gaols, Return of Writs, Fairs, Markets. But 
 this of being a Body Politick, is only a Capacity to 
 be a Perfon capable of having and holding what may 
 be granted to it, and of granting and a6ling as a 
 natural Body. Ocher Franchifes are diftinft and fe- 
 parate Eftates ; and if any one be forfeit, as they 
 may by life, yet the reft are not, except they are 
 Incidents : Yet if the being of a Corporation is for- 
 feit, all their Eftates, Lands, Goods and Chattels 
 are gone at once. 
 
 They are, 
 
 In refped of their Jurif- 
 diction. 
 
 1. In refpeft of their Creation, 
 and i'o every Body Politick 
 is either, 
 
 3. In refpedl: of the Subjed. 
 
 r Regular, as Abbot I 
 Ecclefia- ) ^^'°^ '^^^ Covenc. 
 
 ftical \S^^"^^'^'^'^°P*^^^" 
 J Archdeacon and 
 
 C Parlbn. 
 
 Lay. As Mayor, Commonalty, 
 
 Bayiiffs and Burgeflcs, 
 
 Ele<5Hve. 
 Prefentative. 
 CoIIativre, or 
 Donative, as Deans. 
 1 Infi. 9 <^. a. 
 
 ^Sole, or confifting In one fingic 
 Perfon, as the King, Bifliop, 
 Parfon, d^c, 
 
 , Aggf'^g'^f^ "^ many,and they arc 
 of all Perfbns capable,a3Mayor 
 and Commonalty j or of onq 
 capable, as Head, and the reft 
 as dead Perfons in Law, as Ab- 
 bot and Coven t. I /»/? 94.b. 
 B z The
 
 The King is a Corporation of State of fuch Pre- 
 rogative and Excellency, that he cannot ^ive and 
 take an Intcreft in Land without matter ot Record. 
 :; Leon^ 145-. 
 
 If Land is given to a fole Corporation, he hath 
 no Fee unlels it be given to him and his Succellor?. 
 Ahter of a Corporaticju Acigrcgate, j Infi. <^j^. 
 
 As for Abbots, Prior* and Covents, they are all 
 diflolved by King Henry Vlll. their Pofltflions 
 were furrendred ro the King, and by him many were 
 rranflatcd into Bifhops, Deans and Chapters. Vide 
 Infra. 
 Regulars. Thole which were called Regulars, were fuch 
 
 that lived under certain Rules^ and vowed three 
 things ■) True Obedience to the Sovereign of their 
 Houfe J perpetual Chaflity, and wilful Poverty ; as 
 Stculars. Abbeys Priories and Covenr. Seculars are Perfbns 
 
 Ecclefiaftical, but becaufe they live not under cer- 
 tain Rules of fbrae of the (aid Orders, nor are Vota- 
 ries, they for diftin(Stion fake were called Seculars ; 
 as Biihops, Deans, Chapters, Archdeacons, Preben- 
 daries, Parfons, Vicars, ^c. 
 Sole Body Po- Sole Body Politick confifts of one Perfbn : As 
 litick. t}ie King is the firft Body Politick, he is Perfona 
 
 mixta '^ So is every^fole Corporation, as Bifhop, 
 Deans, Prebendaries, Heads of fome Hofpitals^; he 
 hath a natural Capacity, as to purchafe Lands to 
 hira and his Heirs, to fue for any thing in his own 
 Right ; and he hath a Politick Capacity to take 
 Lands to him in Succeffion ; he is cfuafi a Politick 
 Truftee. What he enjoys, as fuch, is tn Jure Epif- 
 copatitfj Decanatusj Ecclefu. The Church Reve- 
 nues are intrufted in them to be preferved, and 
 difpofcd, and recovered, as occafion (hall be, foe 
 him and his Succeffors. 
 
 The Chamberlain o^ London is to (ome Purpofes 
 a Corporation Iblc. 
 
 It
 
 C()e Laiu of Corporations* 5 
 
 It Is a Rule in cafe of a Corporation Ible, as BI- Regula. 
 ftiop, Parfbn, MafteroF an Hofpitaljthat no Chattel, 
 either in A(5lion or Po/Tcfnon, fhallgo In SuccefTion. 
 but the Executors or Admlniftrators of the Bifhop 
 fhall have them: therefore a Bifhop, C^c. cannot 
 take a Recognizance or Obligation but only in their 
 Private, and not in their Politick Cnpacity^ except 
 in cafe v/here a Cuftom enables it to go in Succ^f- 
 fion ; as in the cafe of the Chamberlain ot Londdn^ 
 for Orphanage Money, there it goes to the Suc- 
 ceflor. 
 
 But in cafe of Corporation aggregate of many, 
 as Dean and Chapter, Mayor and Commonalty, 
 ^c. Chattels in Action or Pofleffion go to the 
 Succeffor, for they in Judgment of Law never die. 
 4 Ref. 65. Fuli7vood\ Cafe. Cro^ Eltz,. 480. Bitd 
 and Wehford. 
 
 Corporation aggregate of many Lay Perfbns, Is Corporaciore 
 an Affcmbly of many Perfbns gathered or joined to- aggregate, 
 gether In a City, Town or Burrough, into one Fel- 
 lowftiip, becaufe they hold by mutual Confent (cre- 
 ated by the King's Charter ufually) to fupport the 
 common Charge, to live under fuch Laws they 
 fhall agree upon to be governed by, to give or take 
 any thing within the compafs of their Charter, or 
 to fue and be fued, and to have a Head and a Com- 
 mon Seal for this Purpofe; as Mayor and Commo- 
 nalties, Maflers and Fellows of Colleges, fbme 
 Guardians and Mafters of Hofpitals. 
 
 Corporations aggregate are fometimea more ge- 
 neral, as where a whole Town is incorporate, and 
 many Franchifes given to it : Or more fpecial and 
 particular, where a Company of Trades-men only 
 in a Town Is Incorporate, and fbme few fpecial 
 Franchifes are granted to them for the better order- 
 ing and carrying on their Trade. Sometimes they 
 are called Halls, Fraternities) Companies, Fellow- 
 (hips, &c. 
 
 B 3 A
 
 6 CDc tm of €o?po^nfonjj. 
 
 A Corporation may prefcribe for the Benefit of 
 their particular Members, as well as a natural Per- 
 fori may prtfcribe for Common or EafcmenC for 
 The Nature of liimftlf an^ his Tenants; for though a Corporation 
 a Corporation, aggiegate is a thing in Imagination only, having 
 no Body, nor Soul, nor Confcicnce j ytt the Law 
 takes notice, th.it the natural Perfons Members of 
 the Corporation, upon which the Corporation con- 
 fiftsj arc not Strangers to the Corporation, and 
 they are Perfons interefted in all the Revenues and 
 Privileges of the Corporation of which they are 
 Members ; and therefore U a Corporation bring an 
 A6lion for any thing that they claim in their corporate 
 Capacity, it's a principal Challenge to a Juror, that 
 he is of Affinity to any Member oi^' the faid Cor- 
 poration, though tht Corporation it felf can have 
 no Kindred, i SanJ.i^^. 
 
 From what hath been faid of Corporations ag- 
 gregate, tlicfe Confequences enfue, which will far- 
 ther illuftrate the Nature of a Corporation. 
 
 A Corporation aggregate of many is invifjble, 
 immortal, and refts only in Intendment and Con- 
 fideration of the La^ : therefore Dean and Chapter 
 cannot have a Predeceflor or Succefiori 39 H. 6. 
 
 i;, 14. 
 
 They cannot commit Trcalon. 
 
 They cannot be Outlawed. 
 
 They cannot be Excommunicated ; for they have 
 no Souls. 
 
 They cannot appear in Perfbn, but by Attorny. 
 
 Corporation aggregate cannot do Fealty ; for a 
 Body invifjble cannot be in Perfon, cannot fwear, 
 lo Rep, 31. 
 
 If Land held by Homage and Fealty are convey- 
 ed to a Mayor and Commonalty, or other Corpo- 
 ration aggregate, in this cafe they (hall hold by Ho- 
 mage
 
 COe nm of <iro?po?at(oiij5. 
 
 mage and Fealty ; but (hall not do them, 5 3 f/. 8. 
 Brook Ttt. Fealty, 15-. 
 
 A Corporation cannot be feifed to an life. 
 An Alien, nor a Perfbn attaint, nor a Corpora- 
 lion cannot at the Day be originally enfeoffed to the 
 ufe of another ; for no u(e can be created out of their 
 Seifin* I R^^. i 55» a, 
 
 A Body Corporate cannot fue or be fued, nor an- 
 fwer in any Aftion but by Attorney. Vide infra. 
 A Corporation cannot wage Law* 9 Rep. 51. a. 
 Corporations aggregate of many are not capable 
 of the Proie£lion ProfeBura or Moratura, becaufe 
 the Corporation it felf is Invifible, and reftethonly 
 in confideraiilon of Law* i /«/?, i^o* a. b. 
 
 Dean and Chapter are a Body Politick Spiritual, 
 and are capable of a Prefcriprlon in non decimando. 
 Note a Dean may be a Lay-Man, as was the Dean 
 o^ Durham f by fpecial Licenfe and Difpeniation of 
 the King; but that ca/e is rare. Winch, fo. 6^. 
 
 Bodies politick cannot be Joint-Tenants, or hold 
 in Jointure with any ; but may be Tenants in Com- 
 mon. Plo. a ^9. a. 
 
 It was adjudged I Rols Abridg. ji^ ^^')' That 
 Mayor and Commonalty may be made Executors, 
 againft the Opinion of Wenfworth : And yet others 
 think they cannot be Executors, becaufe they can- 
 not prove the Will on Oath. However, the bed 
 way is to make an Executor in trufl: for them. 
 
 Farther to explicate the Nature of a Corporation, 
 I fliall enquire into the elTentia! Parts of a Corpora- 
 tion, or what Things are neceflary to the making a 
 Legal Corporation. 
 
 L Lawful Authority. 
 
 II. Perfons to be incorporated. 
 
 III. A Name of incorporation, 
 
 IV. A Place. 
 
 V. Words of Incorporation. 
 
 B4 LA
 
 8 CbE LaU) of Corporations. 
 
 I. A Corporation mud commence Lawfully, or 
 by Authority. 
 
 Corporations commence four ways. 
 
 I. By Common Law: as the King is a Body 
 Corporate at Common Law. 
 Piefrription or ^- ^Y ^''^efcripiion or Cuftom : and fo the Cham- 
 tuftom. bcrlain of London is a Corporation by Cuftom ; and 
 
 the idiv.e Cuftom which creates and m:ikcs him a 
 Corporation in Succefllon, as to thefpccial Purpofe 
 conccrninc^ Orphanage, the fame Cuftom enables 
 his Succeffor to take and fue Recognizances and 
 Obligations, C^c. which were made to his Predc- 
 cefTor. ^Rep. G<^. FahvoofPsC^ih. Hence it is re- 
 (blved, the Ufage or Prcfcription of Corporations, 
 &c. That the M:\yors, BaylifF^, Provofts fhali be 
 choftn by a Co;iV;iion Council, /. e. a certain (ele- 
 cted Number of the principal of the Commonalty, 
 or ot the BurgefTes, to avoid popular Ele6lions, is 
 very allowable, 4 Rep. 67. b. in the cafe of Cor- 
 porations^ though they they were incorporated by 
 the Name of Mayor and Crmmonalty, or Mayor 
 and Burgeffesj d^c. 
 
 That which hath been and continued time out of 
 Mind a good Corporation, and hath all the Inci- 
 dents and Badges of a good Corporation, fhall con- 
 tinue fo, although they cannot (hew any Charter 
 for ir. For doubtlcfs this was by Charter firft, the 
 which hath been fince loft. But they that will have 
 a Corporation by this Title, muft have all the ne- 
 cefTary Requifites to a good Corporation in their 
 Prefcription. 
 
 It a Court by Prcfcription be granted and con- 
 firmed by the King by his Letters Patents, thiidoch 
 not deftroy the Prefcription ; but the Stile of the 
 Court may be bv Prefcriptiun asj^efore. Mtcb. 10 
 Jac. B. R, Duffiddh Cafe. 
 
 A
 
 Ct)« LaUJ of €o?po^lt(oll0♦ 9 
 
 A Corporation may prefcrlbe for the Benefit of 
 their particular Members, as well as a natural Per- 
 Ibn may prefcrlbe for Common or Eafement for 
 himfelf and his Tenants. Vide fu^ra. 
 
 The form of pleading a Corporation by Prefcri- q^- pigj^j,-,, 
 ption is thus : Book of Entries Tit. Quare ImpeMt Corporation by 
 I. ejuoddamHofptale St. Maria de Brt/h'W de uno Piefcription 
 Magtfiro ^ Conventu a toto tempore^ ^c. tncor- 
 porat. fuerunt per J^omen Magtjtn (^ Convent. 
 Hofpitalis St. Maria de Bri^ow. And it appears 
 there, that they purchafed Lands and Tenements, 
 and were impleaded without any Prelcription for one 
 or the other; for that when they were incorporate 
 by Prefcription by a certain Name, then to im- 
 plead and be impleaded, to grant and purchafe, ^c. 
 are Incidents to a Body incorporate. 9 Ed. 4, lo. 
 The Mafler of the Hofpltal of Burton St. Laz,ar 
 prefcrlbe, cjuod ipji d^ emnes Vredecejjores fui Ma- 
 giftri Hofpltal. prad. a toto tempore, d^c. nominat. 
 ^ ccgtiitt fuer. (^c. tarn i>er nomen Magifiri de 
 Burton St, Laz^ar. Jerufalem in Anglia. lo Rep. 
 19, 50. 
 
 3. By A<3: oi Parliament; as Sutton's Hofpital, 
 the College of Phificians, and many other Corpo- 
 rations. 
 
 4. By Charter. 
 
 Note, None but the King by Charter or in Par* 
 liament can make a Corporation, lo Rep. 53. b. 
 The King may give Power to a common Person 
 to name the Perfons and to name the Corporation ; 
 and when he hath io done, it is not faid to be made 
 by the common Perfcn, but by the King, i o Rep. 
 
 If the Mayor and Commonalty of London pre- 
 fcribe to make another Corporation in the City, and 
 their Cuftoms are confirmed, yet this is not good 
 without the King's Charter^, 49 Ed. 3. 4. A Cor- 
 poration
 
 10 Cfje LaU) of Co?po^1tlon?. 
 
 poratlon may be made out ofanother Corporat!on> 
 I o Rep. 5 I . b. 
 
 There mufl: be a place named or fuppofcd in E«jf- 
 land., and if there be not any fuch place in Eng- 
 land^ yet it is good i as of Jerufalem in Eng- 
 landy lo Rep. ;i b. ^^Ed.J,. \6.Regxi^. Prior 
 C^bofpital.St.Johan.'JtrufaUm in jinglia. So Prior 
 d^ freres fanB^s Marine de mont.Carmel. in Anglia. 
 
 Corporation ereded. 
 
 B^ what words. 
 
 TH E King conftirurcd the Town of Dungannon 
 to be a free Burrough. Et ulterius volumus 
 declaramui ^ fiatuimits ejuod Inbabttantes Villa 
 frad- fint unum corpus Ctrporatum Prapojiti 1 2 
 Burgenf. d^ commitnttatit Dungannon d^ per idem 
 nrnnen placitare foffint d^ implacitari, and that the 
 proper BurgefTcs Ihali ele£t Burgefles. Per Cur. 
 ^uod volumus is a good word of Grant j and this 
 fhall be an implyed Grant to all the Corporation 
 that the Pro^oft and Burgefles (hall eledl. But 
 the Chief Juftlce and Do^^^ri^^e thought the con- 
 trary, for that in this cafe there was but an Ordi- 
 nance to ereft a Corporation, and no Grant al- 
 ledged to any Perfbn ; f.) that this Claufe, (^ quod 
 is idle and vain, 1 1 Rep. 120. Vtde infra. 
 
 H. 8. . Do tt or thus y, C. T. L. in me diets 
 
 conceffit ejuodip/i ofnnes homines ejufdemfacultatis de 
 & in civitat. Loftd. cJJ'ent re (^ nomine unum corpus 
 d^ communitas perpetua feu collegium perpetuum* 
 Et ejuod ead. communitas five collegium Jingulis 
 annis tn psrpetuum eligere pojjent d^ facere de com- 
 nsunitateilla alujUim pro^jidum virHm, &c. in Pra- 
 ftdenton^ 6cc. Et <juod idem Prafidens d' collegium 
 five communitas hji;ereyit fticceffionem perpetuam (jf 
 ccmmune JigiUitm, &c. Capacity to purchafe Lands. 
 
 Et
 
 II 
 
 C6c lalD of Co?po?atfou!S. 
 
 Et cjuod ipft per nomina Prajtdentii d^ coUegii Jive 
 cow r?j unit at. facultatnm medicina Land, placttare 
 ^ imflacitari fotuijjent^ &c. And many other 
 Priviledges which were confirmed by Act of Par- 
 liament. 8 Rep. Dr. Bonhanth Cafe. 
 
 Jf there be words of the Incorporation fiifficient 
 in the Law its enough, for we are not reftrained to 
 a certain prefcript form of words ; and the word 
 incorporo is not neceflary, nor the words fundo^ 
 erigo. 
 
 Burgefles or Inhabitants of a Vill or Burrough 
 were incorporated, when the King granted to them 
 to hive gild am mercatoriamy loRep. 30. a. 
 
 The King grants unto the Mayor of Nor'wicb 
 to be incorporated by the name of Ci'vihus^ this is 
 a good name of Incorporation. 
 
 The King grants probn hominibus ViUe de Dale, 
 this is a good name of Incorporation, 4 Ed.^ 14. 
 
 The King gave Licence to Ramfey to grant a 
 Rent, cuidam Capellanoy this made a Corporation, 
 JO P.ep. 28. 
 
 If the King grants Land to the Men or Inhabi- 
 tants of D. Haredibui ^ SucceJJorbus fuisy ren- 
 dering Rent for any thing touching this Land j this 
 is a Corporation, but not to other purpoies, 2 1 
 Edw. 4. 5-6. 2 H. 7. I ;. But if the King grant 
 Land, HvminibHs (^ Inhabitantibus de Dale. If 
 they be not incorporate before, this Grant is void, 
 XI Edv^. 4. 56. But if the King grant Inhabitan- G^^POfj;'"" f» 
 tibus de JJlington^ to be dilcharged or Toll, this is 
 a good Corporation to this Intent, but not to pur- 
 chafe, this being only matter of difcharge. 
 
 The King may grant generally without menti- 
 oning of any to whom he makes the Grant, the 
 Men of fuch a Village fhall be a Corporation ; as he 
 may hy^confiitutimus the Men of fuch a Village to 
 be a Corporation ji/iZr. Mayor and Commonalty, and 
 fuch like ; for he cannot grant the Corporation to 
 
 the 
 
 a fpecial Intcnr.
 
 12 ^{)z LaU) of Co^po^^tfo^0. 
 
 tiie Men in their natural Capaciry, and they are not 
 a politick Capacity before the Grant, and (o the 
 Grant to them fiiould he to no purpofe ; and there- 
 fore here it is good for the nccdTjty, 1 Rul j^bridg. 
 The King may grant to U.S. that his Tenants 
 of luch a Mannor fhall be a Corporation, naming 
 the Corporation in certainty. 
 That a Corco. The King by his Letters Patents tnay ordain, 
 latioii fhall That a Village whicli is not incorporate Ihall fend 
 fcr.d Burgdrcj. Burgeflts to the Parliament, to he ele<5tcd by the 
 Inhabitants of the Villa?/; for this is the cafe of 
 many of the Burroughs and Towns of England^ 
 who fend BurgefTes by prefcrlption, who were never 
 Incorporate, Hoi. i 5". The cafe was of the new 
 Corporation of DunganKon in Ireland^ Hvb. 14.. 
 But this opinion o\ Hobart (eems not to be Law, 
 and was denied by all the Judges, II Re^. 120. 
 The K-ing conftituted the Town of Dunganncn to 
 be a free Burrough, Et ulterius 'uolumus declara- 
 tHMS d^ fiatmmus <jucd Inhabitantes 'villa prad. 
 fi»t unum corporus corporatum per nomen Prapojiti^ 
 1 2 Burginfium (^ ccmmunitatts Dungannon, (^ 
 per idem nomen placitan pojjunt. Et <juod ipfi 
 Prtep'fni d^ Burgtnfa & fuccejjores fui habeant 
 fotejiatem Elegendi duoi Burgenjes ad Parlianjtnt\ 
 &c. The Quefiion was. Whether this grant of 
 Ele6lion was good, becaul'e It was granted but to 
 parcel of the Body, (viz,.) to the Provoft and Bur- 
 gefTes, and not to the Provoft, BurgefTes, and Com- 
 monalty, per Cur. This power to eled BurgefTes 
 as an Inheritance, of which the Provoft and Bur- 
 gefTes are not capable, for that it ought to be vefted 
 in the intire Corporation, {viz,.) Provoft, Bur- 
 gclles and Commonalty , yet fome were of opinion 
 that volumus is a good word of Grant, and this 
 (hall be an implyed Grant to all the Corporation, 
 w f ec?a7"'°" V ^'^- ^' ^^''^-'f^^^rcatoria. That Law makes 
 ^^^ecia pu- all Strangers to rake by this Charter as a Corpora- 
 tions
 
 afte KLnti) of Co^po^ntionis* 13 
 
 tion, tbey as a Corporation ro rcgrantto rheKing ; 
 for to this purpofe between the King and them, 
 chey are a Corporation, but not as to Subjecis. 
 Certain Merchants of Holland intendinjr rhey 
 were a Corporation by the (aid Charter, brought an 
 A6lion of Account by the fuid name ugainft their 
 Fadtor, and it was adjudged it lies not except they 
 names themfelves by their names in certain. 
 
 If a Grant be probis hominibus de JJltngtony and 
 [uccejjoribus fuis, rend ring Rent, this is a Corpora- 
 tion to render Rent to the King^ and not other- 
 wife, I Kol. Abrtdg. 513. 
 
 Who to be [aid the Founder of a Corporation-. 
 
 He who gives the Pofleflion of a Corporation 
 is the Founder, lo Co. 33. b. 58. and all that is 
 requifite to the ere6l:ion of an Hofpital, is but In- 
 corporation and Dotation. 
 
 If the King and a common Perfbn give Poffet 
 fion to a Corporation at the fame time, the King 
 fliall be faid to be the Founder by his Prerogative. 
 
 l>lame. 
 
 The name of a Corporation is as the name of 
 Baptifm to a natural Perlbn ; nay, the Law re- 
 quires more certainty in the name of a Corporation, 
 than in the name of any particular Perfon : When 
 an Infant is born he is prefently a perfe6t Crea- 
 ture, and the giving his Name is not Mattel 
 of Necelfuy, but Policy, for diftin<9:ion. But as 
 to a Corporation, the name is of the Subftance and 
 Effence of it, and without their name they are but 
 a Trunk. It was faid in the cafe of Pajcball and 
 Marcoll^ by the Lord Chief Baron Manivood. gf 
 things are only to be refpe£l:ed in the name of a 
 Corporation, i. The Names of the living Perlbns> 
 
 who
 
 14 Clje KLaln of Co^po?at(on0* 
 
 who are the Name of the Corporation, i. The 
 name of the Houfe or Place where they make their 
 Abodcf or where they make their Building, tifc. 
 7,. The name of their Founder. Vtd. infra Jub 
 Tit. Mifnomer. 
 
 Chavged. 
 
 If a Corpoiation had Franchifes and Priviledges 
 by Grant or Prefcription, and after they are incor- 
 porated by other names, as where they were Bay- 
 
 ^. - . liffs and BurgelFcs before, now they are Mayor and 
 
 The new Body ° , j /-> . u r J 
 
 {hall cnioy all Commonalty, or Prior and Covent berore, and 
 the Privilcdgci now they are tranflated to Dean and Chapter, altho 
 of the old. the Name and Quality of their Corporation be al- 
 tered and changed, and principally in the cafe of 
 Prior and Covent, for of Regulars, which are dead 
 Perfbns in Law, they are made Seculars ; yet the 
 new Body (hall enjoy all the Franchifes and Privi- 
 ledges which the old Corporation had by Grant or 
 Prefcription, 4. Rep. 87. b. as Lutterells Cafe the 
 ^d Rep. Dean and Chapter of Norwich^ s Cafe, 
 in 17 Edw. 5. 4. all Chapters were Monks; and 
 notwithflanding the Tranflation of them into Pre- 
 bends or Canons, and change of their Habit, the 
 Advowfon remains to them as before. 
 
 Not€f The Statute of 55^ Eltz.. c. 7,. all Letters 
 Patents made for the Erection, Foundation, Incor- 
 poration or Endowment of any Dean and Chap- 
 ter and Co! ledge, were and (hall be reputed, taken 
 and adjudged to have been good, perfe6b and 
 cffe£tuai in the Law, for all things therein contained ; 
 and there is contained in them not only their Incor- 
 poration into a Dean and Chapter, but alio a Grant 
 to them and their Succelfors,that they (hall enjoy all 
 the Mannors, Lands, (^f. g Rep. Dean and Chap- 
 ter of Norwich. 
 
 The Grant of Incorporation by King John of 
 the Burrough of Tarmouth^ was made Burgenfibus, 
 
 with-
 
 •^Ije %m of Ca^po^itfon0. 15' 
 
 without naming their Succeflbr, yet being as an old 
 Grant its good, and lo is Civibus-, 2 Brownlow 
 292, X9.?; 
 
 The King may incorporate a Village by one 
 Name, and aherwards by another name, and then ■ 
 they ought to u(e their name according to the ftcond 
 Corporation ; and yet they (hall continue their 
 PofTeflions which they had by the other name, ii 
 Ediv. 4. 5'9- 
 
 Trefpals,Pe/^;^flri amhulandoy hirham conculcando^The mznnzr of 
 &c. The Defendant pleads the Place where, e^c. Pleading when 
 was called Litlefidd in Darby, and that the Bur- ^''^ "^"^^ •» 
 rough of Darby was an ancient Burrough, and that ^ *"^^ ' 
 the Defendant, tempore ejuo, &c. d^ diu antea, 
 was a Burgefs of the fame Burroughs &c. And 
 further, the Defendant faith, That the Burgefles of 
 the faid Burrough, time out of Memory, till the 
 nth day of Jttlyy 14 Car. i. were a Body incor- 
 porate by the name of Biyllffs and Burgefles of the 
 Burrough of Darby ^ and that upon the faid I \tb 
 day of yuly^ anno fupradi^o^ the King by his Let- 
 tersPatents under the Great Seal, changed the name 
 of the Corporation to the name of Mayor and Bur- 
 gefles, &"€. and then the Defendant lays a prefcrip- 
 tion for common in the Corporation, Sandenh 
 Reports. 
 
 Debt for 15:/. the Plaintiff declares that the 
 Town oi Colcheftery time-out of mind, was an an- 
 cient Burrough, and Incorporated by the name of 
 Bayliff and Commonalty till the nth year of 
 Car. 1. and then thty were incorporated by the 
 name of Mayor and Commonalty, and enabled to 
 hold fuch Franchifes as they formerly enjoyed by 
 any name^ Cart. Rep, 63, 
 
 What
 
 i5 C&e *taU) of €o>po^at(oiisf* 
 
 JVhat things are incident to a Corporation, "without 
 [fecial Grant or Prejcriptton. 
 
 When a Corporarion is duly created, all other 
 Incidents are tacitly annexed to it, as is refolved 
 in the Cafe of Sutton's Hofpital, in their mentioning 
 ieveral particulars. As, 
 
 f. A Corporation is lufficicnc without the words 
 to implead, or be impleaded. 
 
 a. To have Authority and Capacity to purchafe ; 
 but no Oaufe is added that they may Alien_, tor 
 that is incident. 
 
 5. To have a Seal, d^c. this is alfo declaratory ; 
 for when they are incorporate they may make or 
 ule what Seal they will. 
 
 4. The Claufe to reftrain them to alien or de- 
 mife, but in a certain Form ; this is an Ordinance 
 tellifying the defire of the King, but this is not but 
 a Precept, and binds not in Law. 
 
 5". That the Survivors fhall be the Corporation ; 
 this is a good Claufe to ouft Doubts and Queflions 
 which may arife, the number being certain. 
 
 6. If the Revenues increafe, that they fhall be 
 employed to the increafe of the number of the Poor. 
 This is but explanatory, as appears in the cafe of 
 Thetford School. 
 
 7. To make Ordinances : This is rcquifite for 
 the good Order and Government of the Poor, c^c. 
 but not to the effence of an Incorporarior. 
 
 8. The licence to purchafe in Mortmaine is nc-. 
 ceffary for the raainrenancc and fulkntation of the 
 Poor ; for without Revenues they cannot live, 
 and without Licence in Murtwaine they cannot 
 purchafe lawfully ; and yet this is nor of the eiTenre 
 of a Corporation, for a Corporation may be perfect 
 without ic. 
 
 So
 
 So it was refblveJ in Sc. Saviours Cafe, i Ral. 
 Abridg. 5-13. If the King make a Corporation by 
 a certain name, without any words of Licence ro 
 purchafe Lands, or to implead, or be impleadedj 
 yet the Corporation miy p.irchafe, implead, or be im- 
 pleaded well enough ; for by the making of the 
 Corporation, thefe neceffary incidents are included. 
 
 But the King may make by fpccial words a li- 
 mited Corporation, or a Corporation tor a fpecial A Corporstioji 
 purpofe : as if a Grant be frobis hommibui de If- *^'" ^ Q^ecul 
 jivgton ^ fucceJJ'oribas (u'ls rendant rcnt^ This is P""^?** *' 
 a Corporation to render the Rent to the King, and 
 hot otherwife, i Rol. Abridgment 515. 
 
 \\ the King create a Corporation, and doth not 
 give any exprefs power in the Lfcters Patents to 
 make Laws, yet this power is incident to the Cor- 
 poration, and it is included in the Corporation ; but 
 thefe Laws ought to be rubje6t always to the Kings 
 Laws of the Realm ; for a body Politick cannot be 
 governed without Laws. 
 
 If the King create a Corporation of a Mayor 
 and Aldermen, with a Claufe in the Patent, cjuod Cont^ruaici?!. ] 
 [u^er mortem vel remotionem alicujus Aldermanij 
 liceat Majori d^ caterts Aldermannis infra 8 dies 
 fro'xim pnfi mortem vel remotianem^ &c. to ele<^ 
 another Alderman into the place, d^r. although no 
 Elc6tion be within the eight days after the death 
 or removal of an Alderman, yet they may elect an 
 Alderman at any time after ; for they have power 
 to cicOt another as incident to the Corporation cre- 
 ated i for ancient Corporations have not fiich a 
 Claufe, giving power to elect, and this affirmative 
 power doth not take away the implicit Power 
 incident to the Corporation, Pafch.^. Car.i. B.R'. 
 Hicksj and the Town of Launce^on in Cornwal, 
 in the precedent cafe, that it fhall be lawful for the 
 Mayor and reiidue of the Aldermen to eledt ano- 
 sher within eight ^2.)'?^ tho it be not limited that 
 G -i tht-y
 
 i8 €|)e Latt) of Corporation):?* 
 
 they or the greater number of them may e\cA ; 
 yet the greater number may elcdl : But if the May- 
 or, at the time of the death of the Alderman be in 
 Lovdoriy abfent till after the eight days, and the 
 Aldermen within the eight days come to the Depu- 
 ty and require him to make an Affembly of them 
 to eIc<Sl another within the eight days, and he re- 
 fufe, and upon this the greater number of the Al- 
 dermen afltmble themfelves together, without the 
 Mayor or his Deputy and elect an Alderman, this 
 is a void EIc6lion ; for the Mayor ought ro be pre- 
 fent at it by the words of the Grant. Hicks and 
 the Bur rough of Launcefion. 
 
 If the King grants a Court by Letters Pa- 
 tents to a Corporation of a Village to hold Pleas, 
 d^c. in this cafe tho there is not any Claufe in the 
 Patent to make BaylifFs or Sergeants to execute the 
 procefs of the Court, and to return Juries, yet this 
 is incident to their Grant to do it ; for otherwife 
 they cannot hold a Court ; Metcalf and fVorfeley^ 
 I Rol. Abridgment, 5:16. But upon fiich Grant of 
 a Court, if there be not any Claufe in the Patent 
 to make a BayliflF to execute a Writ of enquiry of 
 Damages to be granted, this ought to be returnable 
 in Court, and there the Enquiry ought to be made, 
 for the BayllfF cannot execute it, in as much as he 
 cannot give an Oath to the Jury or Witnefles, which 
 the Letters Patents do not give him power to do^ 
 and this mud be done in Court 
 
 CAR
 
 CDe latD of €oipa^acfon0* if 
 
 CAP. II. 
 
 Of the Mayor, Aldermen, Sheriffs, 
 BaylifFs, Sergancs in Corporations 
 and Franchifes. 
 
 Whether an J how one Terfon may he Major and 
 Town-Clerk at one and the fame time. Sh^- 
 peena out of the Exchequer fervedupon the Mayor 
 of London, when he was executing hts Office at 
 a Magijtratet in caje of HtghTfeafon. Of an 
 Alderman refigning his Office. A CommonC»un- 
 ciljwhat. Of the Election of Mayor y Burgejfet, 
 &c. How to be made J whether by all the Corpo- 
 ration^ or a feleCl Member. Both the Sheriffs 
 of London but one Sheriff. Newgate a Trijon 
 both for London and Middlefex. Commitment 
 by the Sheriff of Middlefex is not a Commitment 
 in London, tho the Sheriffs of London and Mid' 
 dlefex be all one. Of the Counters^ Of Suits 
 in the Sheriffs Courts. Of Bail and Sureties to 
 the Sheriff. Where there are two Sheriff's^ the 
 Writ to be returned in both their Names. Of a 
 non omitras, ^c. Difference between the Form 
 of a Sheriffs Return, and hts Return to a Bayliff 
 of a Franchife. Bail tn what cafe not charge' 
 able. Capias directed to an Officer of the infe- 
 rior Court i he mufi- return it. Its incident to 
 the Grant, that the Corporation may make Bay-, 
 liffs and Serjanti to execute Procefs, but net make 
 a Surge fs to execute a Writ of Enquiry, and the 
 reajon of the difference. 
 
 I 
 
 T waa argued if the fame Perfon may be May- 
 or and Town-Clerk of the iame Town, 
 C X where
 
 10 €\)t Lain of Co^po?atiorj3» 
 
 where the Mayor is Judge of Record there, as 
 A Mayor and [V. had a Alandarnus torelloie him to the place of 
 TownXIcrk Tuwn CIcrk of Sandwich in Ktnt. They return 
 at one time. j}^^^ ^^_ ^^^.j^p, Town-Clerk was ckacd Mayor 
 there fuch a Year, and he cntrcd the^ place, and 
 now continues a Jurat' there, the which is a Judice 
 of Peace. It was argued that {he return is not fuf- 
 ficitnt, becaufe the OfFices are confiftcnt j for fo it 
 .is in ancient Villages, by reafon of tl^e paucity of 
 Inhabitants, i Cro. 138. Contra it was f;iid, 
 that they are incompatible, for tlie Mayor is 
 Judge of Record, and the Town-Clerk is Mi- 
 nifter, and ought to attend and be fined for his 
 Faults ; and a Man cannot impofe a iMne upon 
 himfclf ; it fecmed to the Court to be a good Re- 
 turn, 1 Sid. 505-. Wa'rner and the Mayor of 
 Sandwich. 
 
 The Court of Aldermen may not elect' one who 
 is fit to be Mayor, with a purpofe to fine him, 
 I T^ol. Rep. 109, 
 
 The Mayor of London claims to be Butler to the 
 King at his Coronation, i Rol. Rep. 141. 
 
 Frincc was committed by Sir Rich. Brown Lord 
 Mayor of Londotty for that contemptuoufly and 
 unfeafonably he ferved him with a procefs of Sub- 
 poena out of the Exchecjuer^ when he was execu- 
 ting of his Office as Magiftrate and examining Of- 
 fences of High-Treaion in derogation of Magiftra- 
 cy, and in due execution of Juftice, till fuch time 
 as he fliould find Sureties for his good Behaviour ; 
 and upon this return it was moved that he might 
 be fct at Liberty, becaufe there did not appear (as 
 was allcdged) any good caule of Commitment ; 
 and by Hales Chief Baron, he cannot be remand- 
 ed becaufe it does not appear by the return, that 
 the.Loid Mayor was then a Juftice of tiie Peace, 
 io that he had power to comaiit him for fuch a 
 caufe : but becaufe the Procefs was uaduly ferved 
 
 upon
 
 C6e ILaU) of Co^po^at!on0» u 
 
 upon fuch a Perfbn at fuch a rimei the Court would 
 not diicharge him ; hue tliere was no exeception 
 taken to the Lord Mayor's committing a Perfbn for 
 an Affront done to himlclf. Prince s Cafe, Hardr., 
 
 An Alderman of ihe City, by affent of the Cor- AWerman re- 
 poration, may refign his Office to the C-orporarion, 'q^'.^^ '"* 
 and they may choofe a new Man, and the Corpo- 
 ration may rake fuch Surrender de jure^ without 
 any power given to them by the Charter to take 
 it, 1 Rel. AhrtJg. 456. , 
 
 No Corporation Ihull be compelled by Writ out 
 of the Kings Bench, to e]e6t any Man to be an 
 Alderman ; tor the Kings Bench is not to examine 
 who is hr, Sbuttleworth^ Cafe. The Commonalty 
 in the vacancy of a Mayor, are to this purpofe a 
 Corporation to choofe a Mayor to perfe£l the Body ; 
 and it is the only corporate Ait that they are by 
 Law enabled to do v/ithout a Mayor, and this 
 Right may be forfeited. 
 
 Upon the ere61:ion of all Corporations the power A Comraon- 
 of affembling, deliberating and determining for the Council, what. 
 Corporation is either intrulled with a tew particu- 
 lar Members, whofe continuance in that Trujd, 
 (both as to the prefent Members and the Succeffion 
 of them) is dire6led by the feveral Charters^ or 
 elfe it is entrufted with the whole Body, and that 
 either exprefly, or by implication of Law, where 
 the Charters are filent therein, and thefe conflitute 
 the Common Council. In fuch cafes where this 
 power is transferred, thofe Members to whom it is 
 transferred conflitute the Common Council^ and 
 their Ads were of the fame Obligation as where 
 all meet. 
 
 Where divers Cities, Burroughs and Villages EIe£lion of - 
 were incorporated by Charters, iome by the name Mayor, &c 
 of Mayor and Commonalty, or Mayor and Bur- 
 geffes, &c. or BaylitTs and BurgelTc?, or Aldermen 
 
 C :; and
 
 ar Cde tm of €ojpojQt(on£J» 
 
 and BurgcfTts, or Provoft and Burgefles ; and In 
 the faid Charters it is prtfcrihtd, that the Mayor, 
 BaylitTs, Aldermen, Provofts, (^c. (hall be chofcn 
 by the Commonalty or Burgtffcs, d^c. if the anti- 
 cnt and ufual Election ot Mayors^ Baylitfs, Pro- 
 vofts, d^c. of a certain (cleft number of the princi- 
 pal of the Commonalty or Burgeflts commonly 
 called the Common Council, and not in general 
 by all the Commonalty and Burgeffes, or fb many 
 fis would come to the E!e6tion were good in Law, 
 inafmuch as* by the words of the Charters the E- 
 Icftion (hall be indefinite by the Commonalty, or 
 by the Burgcircs, which is as much as to fay, by 
 all the Commonalty. Per Cwr.luch ancient Eleftion 
 were good and well warranted by their Charters, 
 and by the Law ; for in every Charter they have 
 power to make Laws and Ordinances, for the better 
 government of their Cities and Burroughs, by force 
 whereof, and of avoiding popular Confufion, they 
 by their common Aflent conftitute and ordain, that 
 tnc Mayor, &c. fhall be chofen by a fele6l number 
 of the principal of the Commonalty, d^c. and prc- 
 icribe alio how fuch fcleft number (hall be cholen ; 
 and although fuch Conftitution or Ordinance may 
 not now be (hewed, yet it (hall be prelumed and 
 intended in refpeft of fuch fpecial manner of anci- 
 ent and continual Eleftion (which fpecial Election 
 cannot commence without common Aflent) ; (b are 
 the ufages in London and Norwicbt d^c. TheCa(e 
 of Corporations. Af. 40 c^ 4I Eltz,. 
 lorh rhe She- B°^^ ^^^ Sheriffs in London are in Law but one 
 riffi ot London Sheriff, and the one is not of London^ and the other 
 but one Sheriff, of Mtddlefex-, aS is vulgarly fuppofcd. Hub. "JO. 
 
 Lamb and fVtfcman. 
 
 Hfturn by one And the Sheriff of London is known in Law to 
 
 Sfecrift be two Perfons ; therefore if one Sheritf of London 
 
 60 make his Return without his Fellow, this is not 
 
 helped by Jeofails this being as no Return at all^ 
 
 or
 
 C&e lalu of Ca^po^1t(flnlE(. 23 
 
 or as a Return w'tliouc the Sheriffs name fubfcribed. 
 
 Now it a very ufeful and not a very comnwn 
 Ob(ervation, Upon a Cap. a J jatisfaciend. to the 
 Sheriff of Mtdulefex to take J.S. if the Sheriff ^r^n>?^/; a Pri- 
 rake him and put him in NewgatCy which is the fon both for 
 common Prifbn for London and Middlefex^ and af- ■^««^<'" and 
 ter another Execution comes to the Sheriff of Lon- ^^"^'^''f*'^- 
 dorif although the Sheriffs of London are alfb She- 
 riffs of MidJlefex, and Newgate, where the Pri- 
 fbner is, is the Prifon for both Counties, yet the 
 Prifoner is not (aid to be in Execution upon this Commitnient 
 new Writ in London^ neither may the Sheriff of by the Sheriff 
 London (erve it upon him, becaufe he is in another of MiM'ifex is 
 County. For when the Commitment is to Nev/- "°^ a Coramit- 
 gate, by force of a Writ to the Sheriff of Aiid- tjj^,hc sheriffs 
 diefex, he may not hs faid in any refped to be in o( London and 
 the County of London^ for the Counties continue Midikfex arc 
 feveral and the Prifon fevcral, in refpe(5t of the fe- °"^' 
 veral Commitments ; for there are two feveral fides 
 and a partition between them, i Rol, Abr'tdg.%^^. 
 Couf. Cafe. Tr. i6Jac. B. R. 
 
 By the Cuftom of London the Writ of Execution 
 is dircdled to the Sheriffs of London, and not to the 
 Coroner, who is the Mayor, ^ RcL Abridg.^oG. 
 
 The Plaintiff in Affault and Battery in his Re- 
 plication faith. That the City of London is an an- 
 cient City, and hath Pleas, and that there was a 
 Plaint in fuch a Court before F. M. by vertue of 
 which Procefs the Plaintiff was taken i he fhould 
 have alledged a Cuftom to hold a Court before the 
 Sheriffs, and that F. M. was then Sheriff. If it is 
 (aid, coram F. M, uno vie* its well enough, there 
 being two Courts, tho but one Sherifl^ j Keb. 564. 
 Oihurn and Parker. 
 
 If an erroneous Judgment be given in any of the Error. 
 Sheriffs Courts of the Ciry of London, the Writ of ^"j^'"^/. 
 Error to reverie this Judgment niuft be brought in 
 the Hujlingt before the Lord Mayor, for that is the 
 C 4 fupe-
 
 X4 Cl)c LaUJ ot €oj?onlion5. 
 
 fuperior Coui r, Pfvtf/. i\f^. 1 14. 4. /"/• ^47. 
 Note , Quollibet breve cjuod tangtt Uberum 
 J xencniLntum diriattur Aiajori C" ViciCjinttibusy (^ 
 < alia brcvia tavium yicecorait:bus. 
 
 CouKttTj. Xhe two Sheriffs o\ London do each of them 
 
 keep a Court of Record, where thov hc44 Pica of 
 all perfonai Aclicn^, and tiie t*A/o Prifons (called 
 the Ccunurs 1 belong to them, and they have two 
 Court days irj every Week apiece; for the IVood- 
 Jirctt Counrcr on Wcdncfdays and Frydays ; for 
 the Pt/f//>7 Counter on Thur (days and Saturdays. . 
 Suits in the She- As to Suits in the ShcritYs Court, theufiial prac- 
 liflsCuurt. {jrg jc^ to enter an Adion In the Office, for rhar 
 purpoi'c at one of CT\eCct:nUrs^ which A(fHc.n mufi; 
 be cntrcd with care. For it is the Original la that 
 Court by wh'ch yotl muft declare, and from v,'hich 
 there muft be no variance. 
 Bail, And when an A6lion is entred then any one of 
 
 the Sergeants may arre{i the Defendant, and bring 
 him iiito Cultody until he find Bail to anfwer the 
 Condemnation, which Bail is to be taken by one of 
 Clarks fitters. But note, By the Culfom of Lon- 
 don the Defendant may be arreftcd after entry of 
 the Plaint in the Porters Book, before the Entry of 
 it in Court bef:-re theSherilf; and after Plaint en- 
 tred the Sergeant may arrcfl: without Precept: The 
 Sergeant need not (hew his Mace becauie he is 
 fworn and known, alrho not to the Party. 
 Sarcj»«j to the It J5 the common coui'fe in London^ upon Plaint 
 Sheriff. before the SherlflFs and a Precept to the Sergeant 
 
 to arrefl: one, the Sureties (hall be found and offered 
 to the Sheriit, not to the Sergeant, and To in Inferi- 
 or Mayors Courts, Uidow and Clarks €afe. There- 
 iore in Faux Imprilonment the Defendant pleads the 
 Cuftom of London^ that on entry of a Plaint in 
 .London^ a Sergeant may by parol, or other wife, 
 arreft the Defendant to anlwtr the Plaintiff, and 
 3iews that y. 5, cntrcd a Plaint In the Counter a- 
 
 gainll
 
 Cbe LaU3 of Co^isa^atfon^* 2.5 
 
 gainil: the Plaintiff, and tliat he was a Sergeant, and 
 arretted him and carried him to the Counter^ till he 
 found fiifficient Bail. The Defendant conFefTeth 
 the Cuftom, the entry of the Plaint and Arreft_, 
 and faith, That he offered Security to the Sheriff^ 
 and of thi# he gave notice to the Defendant, and 
 yet he carried him to the Counter j the Defendant 
 demurs. ?^r C«r. the Sergeant upon tender of Bail to 
 the Sheriff is not bound to fet th6 Party at large, 
 unlefs the Sheriff fend a Warrant, teftifying this 
 to him. yones zi6. 
 
 If a Writhe direftcd to a Place where there are 
 two Sheriffs,, as London^ Bri/lol, &c. and one of 
 them doth return the Writ, it is infufficient ; for it 
 niuft.be reiurnfd in both thtir Names, tho one 
 (according to Cuftom) may execute it. Br. Of- 
 ticer, 22. 
 
 But if a Warrant be diredVed to two Bayliffs of 
 a Franchife to execute a Writ, the Return of one 
 of the Bayliffs in the name of both is fufficient, 
 7r. 39 EliZ. Palmer ^nd March. 
 
 The Bayliff of a Liberty muft return his Pre- 
 cept, and let his name to it ; but a Bayliff Itinerant 
 need not. 
 
 In all cafes where the King is Party, as In Cap. 
 utlag, ucc. the Procefs muff be with a non omittas 
 proper aliejuam Libertatem ; and there the Bayliff 
 fhall not fend his Precept to the Bayliff of a Li- 
 berty, but fliall enter himfelf ex Officio^ as for ap- 
 prehending of Felons, or in any A6lion at the 
 Suit of the King, and always on Extent, a Stat. 
 Merchant. Dalt. 45" 6. But in other Cafes where 
 the King h no Party, there, if without a non 
 Omittas the Sheriff ffiall enter a Franchife, to ex- 
 ecute the Kings Procefs, the execution of the Pro- 
 ^;efs fhall be good, and the Lord of the Liberty fhall 
 have an Action againft him, but the Party arretted 
 ihall have no remedy. 
 
 In
 
 z6 ttfjc tm of Co^pojationcf. 
 
 Tn a VVrii: of VVafte and RedlfTcifin the Sheriff 
 rr-uft enter the Franchife, to nuke enquiry, d^c. 
 
 Return. The common Form of yic. Return is Feci efuod- 
 
 Jam IVarrani' \ but ro the Bayliff of a Libtrry 
 Aiandavtf &cc. z Ro!. Rep. z6-^. Pr.tctpe e^uod 
 reddat was awarded Vicec9mittbui Glcuc. 'verfus^ 
 A. B. C^* C. The Sheriffs return that the faid C. 
 was one of the Sher-Ils of the faid City. Ideo ego 
 prafat"^ G.&'c. alter Vtcecern C'vUat* prad.meipfum 
 Jtcundum exigentiam brevn iflius Summonere non 
 Dojfum. Refp. It was adjudged a good Return, 
 BendL N. i6o. Loff's and KelbriJge. 
 
 Scire Facias again ft the Defendant as Bail for 
 one L. in AcSlion brought in Lynn \ it was 
 
 Bail in Cafe Debt for 70 /. by the Plaintiff againft L. Capias 
 
 not chargeable, iff^ej againft him dire6led to the Serjeant of the 
 Mace there, who returned cepi. Corpus y and that 
 the faid L. fecundum conjuetud. Villa, prad. in- 
 vtmt ei (e cur It at em (viz.J.H. who is dead) and 
 the Defendant, ad comparend. and if he were 
 condemned tofatisfythe Debt, or render himfelf to 
 Prifbn, it was fb far proceeded in the faid Court 
 that Judgment was given for the Defendant, and 
 thereupon a Writ of Error brought, and Judgment 
 reverftd ; and now becaufe L, did not pay the 
 Debt nor render himfelf to Pri/bn, this A£lion was 
 brought. Upon Demur, per Cur. this Bail found 
 before the Sergeant,thoit be alledged to be Jecundum 
 confuetud. villa, is not good. For the Bail being 
 matter of Record cannot be found before any but 
 the Judge of the Court ; but the Bail for Appearance 
 only may be taken by the Sergeant, and tor this 
 caufe the Bail is not chargeable. Crc. Jac. 94, 
 If a Capias bedirc£i;ed out of an inferiour Court, 
 
 Return. to an Officer of the fame Court to take jF. 5. and 
 
 he takes him, and does not return the Procefs, he 
 is a TrefpaJJer ab initio ; for it is his own fault, be- 
 caufe he is the fame Officer that ought to return 
 
 k
 
 Cbe latD of €oipoiattotid« ^7 
 
 it, and he is as ShcriflF in that Juri(cli£lIon, x RoU 
 
 If the King grants a Court by Letters Patents to 
 a Corporation of a Village, to hold Pleas, d^c. in 
 this cafe the there is not any Claulc in the Patent 
 to make BaylifFs or Sergeants to execute the Proceft 
 of the Court, and to return Juries, yet this is inci- 
 dent to their Grant to do it, for otherwise they 
 cannot hold a Court, Metcalf^nd Worfely^ I Kols 
 j^bridg, 516. But upon fiich Grant of a Court, if 
 there be not any Claufe in the Patent to make a 
 BaylifF to execute a Writ of Enquiry of Damages 
 if a Judgment be given by which a Writ of Enquiry 
 is to be granted, this ought to be returnable in Court, 
 and there the Enquiry ought to be made,for the Bay- 
 lifF cannot execute it, in as much as he cannot 
 give an Oath to the Jury or Witnefles, which the 
 Letters Patents do not give him power to do ; atid 
 this muft be done in Court, 
 
 -' . • - ■' - • ! ' ..>»88- a<;-y!P.?s:;»*r-Jt;y?*y 
 
 CAP.
 
 ^8 t2L[je Lalu of f o^po^ation^. 
 
 C A P. III. 
 
 Conufance of Picas. 
 
 Three Sorts of Conttfavce of Pleas. Conufance dcnjed 
 to the City of Worcellor tn Irefpafs hnu^ht by 
 the then Lord Chief' full ice Anderfbn, and "why. 
 The Claim tnufi be put in by way of Plea-, and 
 not upon Oath. Charter of Oxon was to proceed 
 in all Fleas and QuarreAs in Law or Enjnity, 
 How to be extended. Whether a Suit by Quo 
 Minus Jliall bar the Privilege of the Univerjity 
 ^ho have Conufance. Grant that a VtUage (l}all 
 ha've a Rerorna brevium. Certificate to be made 
 ttpgn one^s own Knowledge. A Painter matri- 
 culated in Oxon on purpofe to avoid an Office^ 
 not good. By the Conufance of Perjonal Anions 
 ^ey (hall not hold Plea of Eje6lIone firme, and 
 why. How a Corporation Defendant is to give in 
 Bail. Star. 31 Ed. i. of Wines, and the Sta.t, 
 7 Ed. 6. c. 5. explain'd. Tryal of Conufance how 
 it jhall be. The Warrant may be tn Latin. Habere 
 cognitionem, how far it extends. Conufance 
 "when to be demanded, and how. If demandable 
 in a Tranfitory Al'iion. Prefident of a Plea of 
 Conufance by the Vice Chancellor of Oxon. 
 
 THERE are three forts of Conufance of 
 Pleas; i. Tenere placita, which doth 
 not ouft any ether Court of JurifdiAion ; 
 but creates a concurrent Jurifdiilion. 
 The id. is C'ignitio placitorum, as when the Plea is 
 conimenc't here,of which the Conufance belongs to 
 another Court. 5. There is a Conufance of Pleas 
 with an exclufive JurifJiclioPj as in the cafe of C<«-
 
 ^l)e HaU) of Cojpojatrou0» ip 
 
 file and Litchfield, that no other Court fhall hold 
 Plea, d^c. and this is a Sufcrfedeas to any ether 
 Court. The fecond is to be taken advantage of 
 by way of Plea, and after Tryal the Caufe to be 
 remanded ', and the laying af the A<5tion in another 
 another Place (as in Lond.) is not material, becaufe 
 they mufl begin de novo Hard. 509, 510. 
 
 The Lord Jndcrfon^ Chief juftice of the Court 
 of Common Pleas^broughtan AcSlion ofTrefpafs by 
 Bill, for breaking his Houfe in the City of /^Vce- 
 cefievj againft one /^, Citizen of the (aid City. 
 Now came the Mayor and Commonalty of the 
 faid City 2nd flicv/cd their Charter granted to them 
 by King Edward VI. and demanded Conufans of 
 Pleas : and by the award of the whole Court Co- 
 nufance fhall not be granted ; becaufe the Privilcdge priyHedge, 
 of this Court, whereof the Plaintiff is a principal 
 Member, is more ancient than the Patent upon 
 which the Conufance is demanded : and the Co- 
 nufance was denied ; and the Juftices, Clerks and 
 Attorneys of this Court ought to be here attending 
 to do their Offices and Services as belongs unto 
 them, and (hall not be impleaded or compelled to 
 implead others el(ewhere than in this Court. And 
 this Priviledge was given this Court on the original 
 Eredion of it. 3 Leon. 1 49. The Lord Ander- 
 fon\ Cafe. 
 
 A Bill in Chancery was brought to have Ac- q^^^ 
 count of feveral Sums of Money which the Defen- 
 dant, Tutor to the Plaintiff's Son, had received 
 towards the neceffary Occafions of the Son. The 
 Chancellor of Oxford by Inftrument in Writing, 
 fet forth the Priviledge of the Univerfity-Charter 
 and Confirmations by Ad; of Parliament, and the 
 Defendant was a Scholar and Refident, and that 
 they had a Court of Equity, and prayed the Plain- 
 tiff might be difmifs'd. The Lord Keeper did not 
 allow the Claim ; laying, it muft be put in by way 
 
 of
 
 30 Cbc Hatt) of Co^po2at(on0* 
 
 CUira to b€ J)ut of Plea, but not upon Oath. Cajes in Chancery^ 
 in by way of 3^37. Pj^^tt and Tajlor. 
 Plei. and not ^' 
 
 '^"^ ' ' Vr. Crowther*/ Cf/r. 
 
 The Bill (kts forth a Contra6^ under Seal with 
 the Defendant for making a Leafe of certain Lands 
 in Middkfex^ and to have an Execution of the 
 Agreement. Dr. Crowther pleaded he was Head 
 of a Collcdge in 0>-^w,and fets forth the Charters of 
 14 R. 2. and 14 H 8. impowering the Univerfity 
 to enquire and proc d in all Pleas and Quarrels in 
 Law and Equity 1 except concerning Freehold) 
 where a Scholar, their Servants and Minlfters funt 
 una partiumy d' #. Ita cjuod Jufticiartt de B. K. feu 
 de Communi Banco 'vel Jujiiciarii ad Ajjifas non 
 fe intromittant, d^c. and the Confirmation by the 
 A61 of I J Eltz,. and concluded his Plea to the Ju- 
 rifdidlon of the Court : The Plea was over- ruled 
 jin. 168^. becaufe the Charter ought to be extend- 
 ed to Matters at Common Law only, or to Pro- 
 ceedings in Equity that might ari(e in fuch Cafes, 
 and not to meer Matters of Equity, which are Ori- 
 ginally fuch, as to execute Agreements in Specie, 
 d^c. and further Conufance of Pleas is never to be 
 allowed, unlefs the Inferior Jurifdidion can give 
 remedy. Here they can only Excommunicate or 
 Imprifon, but cannot proceed to Sequeftration of 
 Land in Mtddkfex. If the Matter lay only in Da- 
 mages it might be allowed them, becaufe the Ju- 
 rilUiftion is given all over England ; but this is not 
 intended where the Suit is for the thing it lelf, and 
 when it is out of their reach. 2 l^entr. i6i. Sir Tho. 
 Draper ver/. Dr. Crowtber. 
 
 Upon a Bill in Equity as Debtor and Accomptant 
 againft a Perfon who has the Privilcdge of the Uni- 
 verfity of Oxon ; the Defendant pleaded his Privi- 
 lcdge, and a Copy of their Charter of Exemprion 
 
 was
 
 was [hewn, which exempts them from the Juftices 
 of the one Bench or the other, and from other Ju- 
 ftlces, but not a Word of the Exchequer : Where- Pnv Hedge not 
 fore the Court was of Opinion that the Defendant allowed againft 
 ought to anfwer over, and that the Defendant ought ^^* ^°"" °* 
 not to be allowed the Priviledge of the Univerlity, ^^ ^'^""' 
 and that it fufficed for the Plaintiff to call hlmfclf 
 Debtor and Accomptant without more. Alio an 
 Accomptant has a more particular Intereft in his 
 Priviledge than a Debtor, although his Debt may 
 be taken in Execution for the King ; becaufe by 
 1 R. ^. c. ji. zn Accomptant is not fuable elle- 
 where. And here rhe Priviledge of an Exemption 
 granted the Univerfity has not thefe Words, Licet 
 tangatnos^ and i Crook "J^. Hardr. 1 88. Wilkins 
 and Shalcroft^s Cafe, But in Cafile and LechfieWs 
 Cafe, an A6tion on the Cafe upon Indebitatus 
 ajfumpfit for Money for Tobacco, The Uni- 
 verfity oi Oxford demanded Conufance of the Caufe, 
 by reafbn of a Charter granted to them 14 H. 8. 
 and confirmed by Parliament i 3 El. whereby is 
 given to them Conufance of all Suits any where a- 
 gainft any Scholar, Servant or Minliler of the Uni- 
 verfity, depending before the King's Bench, Com- 
 mon Pleas, and others there mentioned, though the 
 Matter concern the King ; but the Court of Ex- 
 chequer is not mentioned in that Claufe; but the 
 Claufe whereby are granted to them all Fines impo- 
 led upon any of them in any Court, there the Court 
 of Exchequer is named. And the Queftion was, 
 whether Conuftnce fhall be allowed by B. R. in 
 this A(5lion, per Hales d^ Cur. the Demand of Co- 
 nufance is good, and the Suit hereby i^Ho Minui is 
 no hindrance of the Priviledge of the Univerlity ; 
 and they held the Grant extends to this Court, be- 
 caufe the Grant begins with Superior Courts, ai 
 King's Bench and Common Pleas, which Words 
 arc fufficient to comprehend this Court. 
 
 Tl^
 
 3^ 
 
 Mifnoraer 
 
 Burrough. 
 Retorna B^e- 
 
 Cf)£ iilaui of Co^po^at(an0. 
 
 The Town of Derby brought an A6VIon on the 
 Cafe by the Name oFthe Mayor and BaylifFs of the 
 Village of Derby y c^ Btirgenjes ejufdetn l^tUe, a- 
 gainft FoxUy^ late Sheriff of the Town of Derby, 
 and fhcw it to be an ancient Village, and harh 
 been a Corporation time out of mind , and the 
 Name of their Corporation was Mayor and Burgef- 
 fes of Derby ; and 9 J'^c. it was confirmed by that 
 Name; and by the fame Patent it was granted that 
 they fhould have Rctorna brevtum within the fame 
 Village, and that the Sheritf of the County ne tn- 
 tromitteret^ and that after the Defendant being 
 Sheritf of the County, returned into the Roll, and 
 ferved Procefs, ind fet tr out in certain, and the 
 Defendant demurred. Two Points were in the 
 Cafe: i. The Name is Mayor and Burgedcs of 
 Derbjy and they brought an A(ftion'>))y the Name of 
 the Mayor and Baylitts of the Town of Derby^ ^ 
 Bur genres ejufdem l^tU^e. This is no fuch Miffio- 
 nien as to abate the Writ j for its all one in Sub- 
 itance; every Burrough is a Village, but not e 
 converlo, and this Word Burgenjis fhewsic to be a 
 Burrough. 2. If the Grant be good. It is good, the 
 King may appoint that a Town fhall have Retorn. 
 brev a H. 4. I -^o.Cok. Entr. «;:{l. 5. Whether the 
 Sheriff ought to take notice of ic at his Peril j and 
 it (eems he ought, becaufe it is of Record : The 
 SherltF enters into a Liberty, and the Grant is 
 fhcwed to him, if he does Execution it is good ; 
 but the Lord of the Franchlfe fhall have an Aftlon 
 on the Cafeagainft him, 14 H. 8. 5-. So if a Grant 
 be to a Town, that they Ihall not be Jurors, and 
 it is fhewed to the Sheriff, and he notwithftanding 
 returns them,an Action ohhe Cafe lies againft him ; 
 and Judgment was given for the Plaintiff, i Rolls 
 Rep. 118. Town oiDerbj againft Foxley. 
 
 jy. being
 
 iD. being fued pray*d his PnViledgei becaufe he Commoner' in 
 is a Commoner in Exeter-Colkdge in Oj;c« ; and ^^''"' 
 brought Letters under the Seal of the Chancellor 
 of Ox(3»j certifying their Priviledge; and he cer- 
 tifies that D. is a Commoner, as appeared by the 
 Certificate of Dr. PriJeaux Reftor of the (aid Col- 
 ledge y whereas he ought to certify that he is a Com- 
 moner upon his own Knowledge, and not upon 
 the Certificate of another ; and after Certificate 
 was made of his own Knowledge, and then allow- 
 ed to be good. The Privlledge was allowed, though 
 the Certificate is not that at the Time of the Aftion 
 brought he was a Commoner, but that now he is a 
 Commoner. GoJl;. 404. Fryer and Ds'ivs Ca(e. 
 
 A Towns- Man of Oxon was chofen into an Of- Towas.ftiati of 
 fice by the Corporation, and refufing to hold he oxon. 
 incurr'd a Penalty according to the Ufage of the 
 Place f and tor which an A6lion of Debt was brought, 
 and a Charter was fliewed that the Members and 
 Servants of the Univerfity fhould be fijed in the 
 Court before the Vice Chancellor, and not elfe- 
 where : and a Certificate waa produced from the 
 Chancellor of Oxow, and directed to the Chief Ju- 
 ftice c^ Sociis fuis Jttfiictarin de Bavcoy that rhe 
 Party v»'as matriculated and regiftred in the Univ<:i- 
 fity, and Servant to Dr. Injl) ; but this being but 
 two Days before he was chofen into the Officej 
 though he was a Painter, yet had dwelt in rhe 
 Town, and no Servant Attendant to Dr. Irifl), but 
 had his dwelling Houfe and kept Shop in the Town, 
 and that he procured hlmlelf to be admitted to hin- 
 der the Remedy the Town had againft him for not 
 holding the Office, the Privilevlfe v/as dcnyed. 
 1 Vemr. 107. The City of Ox/orrf's Cafe. 
 
 Eje^ione Firme upon a Leafe of a Mtfluagc in Osfcw-Fjcfl- 
 Oxo», the Defendant being Principal o^ Glouiejler- n^snc. 
 Hall in Oxon, pretended he was a PriviledgeJ Per- 
 Ion, and ought to be fued before the ViceChancel- 
 
 D lor
 
 34 t:ijG nm of Co^po^atfonjj* 
 
 ior in OxoTtf according to the courlc of Proceedings 
 there, Secundum Aiorem Umverfitatis^ and accor- 
 ding to the Charters granted to the Univcrhties ie 
 3 l\. r. and 14 f/. 8, conhrmed by Parliament 
 in I 5 Eltz.. and flicws their Charters, and lliat they 
 had Conufance of ali Conrrads, Covenant?, Qiiar- 
 rels (except concerning Freehold) and this being a 
 perfonal Aiftion they ought to have Conufance 
 thereof. Ver Cur. the Vice Chancellor hath not 
 any Jurifditflion in this Caufe, nor flull hold Plea 
 thereof; for in this Adtion he lliall r-ecover Poflcf- 
 lion, and fhall have an Habere fac. P ojfijjiouem ; 
 and thereby he that hath the Freehold may be put 
 our of Pofle(Tion. Cro. Car. 87. Halle)'*s Cafe. 
 
 Indihitiit. Ajjum^fit againft the Prcfidcnt and 
 Scholars of Magdaten-CoWcgQ, Ox<?», for 60 /, 
 due for Butter and Checfe fold to the Colledge : 
 The Chancellor demands Conuf-ince by Virtue of 
 Charters and Priviledges granted to the Univerfity 
 by the King's Progenitors, and confirmed by hti 
 oi Parliament ^ whereby, amongft other things, 
 Power is given them to hold Plea in perfonal A- 
 (^tions wherein Scholars or other priviledged Pcr- 
 funs arc concerned, and conclude with an exprefs 
 Demand ot Conufance. It was Obje(^cd, If this 
 Conufance fhall be allowed there will be a Failure 
 of Juflice ; for the Defendants being a Corporation 
 cannot be arreted, they Can make no Stipulation, 
 the Vice Chancellor's Court cannot iffje a Difirm- 
 gai againft their Lands, nor can they be excommu- 
 nicated. But fer Cur. the Priviledges granted by 
 Patent are good in Law, whether confirmed by 
 p^rrvna. Parliament or not ; and the word Ver [on doth in- 
 
 clude Corporation, 2 Jnff.'^'^G. Neither is a De- 
 mand of Conufance in Derogation of the Common 
 Law, nor will there be a Failure of Juftice, for: 
 Iari!In*is to'eive ^^^"^^ ^ Corporation is Defendant they make themj, 
 l^iV give Bwd, and put in Stipukrors that they will/ 
 
 (atisfti
 
 ^Ije lauj of €o?po^atfon0, J5 
 
 fatisfy the Judgmenr, and if they do nor perform 
 the Condition of their Bond, they commit the Bail. 
 Mod. Rep. 16^, 164. 
 
 Information in the Exchequer exhibited agalnft Camhridge> 
 B. oiCambriJge upon Stat.y EJ. 6. c. 5-. ofWine?, 
 and felling them again ft the Purview of the faid 
 Statute. The Defendant Pleads, That R. i. in 
 the fifth Year of his Reign granted unto the Chan- 
 cellor iud his Deputy, and the Scholars of the U- 
 niverfity of CatubrUgCi cu^oMam AJfifa Pants d^ 
 cervifia ^ corre^ionem (^ punitionerfi eorundem. 
 And Queen Elizabeth confirmed the faid Grant, 
 and which was afterwards confirmed by A61 of Par- 
 h'ament I ^ Eltz,. and fo pleaded to the Jurifdi(5t:ion 
 of the Court : and it was demurred. Per Cur. they 
 o^ Cambridge have not .Ajjifam ipfaWf bui cujfodt- 
 am AJJifa only *, i. e. that the Affife (et down by 
 the Queen and her Council be well kept, and that 
 ho other Price or MeafUre be ufed in the uttering 
 of Wines: The Univerfit y cannot appoirit another 
 Aflife than that which is fet down by the Statute 
 51 H. I . but to take care that the (aid Statute be 
 well executed in fuch Affifc, Star. 51 Ed. t. of 
 Wines, 'vide. The Univerfity have Cujiodiam only 
 of the Survey of the Aflife, and Execution oi it, 
 and Authority to puriifh Offences againft the faid 
 Statutes, and not otherwife. And as to the StatOre 
 ^ Ed. 6. c. 5". by which it is provided that the faid 
 Statute fhall not be prejudicial to any of the Inha- 
 bitants of Oxowand Cambridge or Scholars, to im- 
 pair their Liberties, (j^c. the fame ought to be in- 
 tended that the Liberties which the Univerfity had 
 betore by the Grant Ut fttpray is to punifh fuch 
 Offences againft the '^liile^ according to the old 
 Statutes ; for tl e Stat 7 Ed. 6. c. 5. being in the 
 Affirmative, d -th not rake away the Punifhment 
 appointed by any other Statute, but doth continue 
 the fame. ^ Leon. p. 2 i 4 Baxters Cafe- 
 
 D ^ la
 
 36 Cbe LolD ot Coipo?ntioiij3» 
 
 Trial of Conu- In an A£iion,if the Defendanr claim his Priviledge 
 fancc. for that he is a Scholar of the Unlverfiry of Oxom^ 
 
 and the Parties are at ifliie whether he be of fuch a 
 Colledge or Hall ; this may not be tried by the 
 Certificate of the Vice Chancellor and the Princi- 
 pal of lijch Hall or Colledge, but pir Pais. Adon- 
 ^/^e^and i^au^han. ■?. Rol. Abr. 585. 
 
 The Chancellor of Oxon demanded Conufancc 
 of the A£lion between Gayton and RayJon, being a 
 Debt between the Beadles of the llnivcrfity, by 
 Special Warrant to Attornics, and brought into 
 Court by Rule, which being put in the Form of a 
 Plea, the Court granted, i Keh. 3 1 7. 
 
 In A6lionon the Cafe laid for Words in London, 
 after Imparlance,and before Plea farther than in Pa- 
 per, the Bifhop of Ely by fpocial Warrant to At- 
 torney (hewed in Court, and Charter pleaded, de- 
 mands Conufancc, as 40 Ed> 3. lob. TuggcfliDg 
 that the Words were fpokcn in Ely^ which the 
 Court doubted, the Aftion being tranfitory ; but 
 agreed that of things local he might do fb. Std. 10%. 
 And in this Cafe a Refpondeat Onfler was awarded j 
 for the Warrant was in EngliOi : And as to the 
 Matter, Conuftnce cannot be demanded in tranfi- 
 tory Adions, as Dove and Rogers Cafe, i Keb. 
 
 If Conufance be demanded by Prefci iption, Al- 
 lowance muft be (hewed in Eyre^ or here in B. R. 
 Vouching the Roll and Allowance in B. C. is no 
 Allowance in B. R. 
 
 Alfb Habere Cognitionem is not fufficient, with- 
 out it be coram cjuibufcuncj^ Jufticiariis. 5 f/. 6.1 7. 
 
 After Continuance by the Court Cognizance 
 may be demanded j but never after Continuance by 
 Prayer of the Party. Vid. tbid. 
 
 Serjeant Hitcbam was denied Conufancejbecaufe 
 the Warrant was left at the Attorney's Chamber. 
 
 Conufance
 
 C[)e laiu of cro]poiatfon0» 37 
 
 Conusance of Pleas ought to bt" demanded by an Conufancc hp\i 
 Attorney by Warrant of Attorney in Latin, and the ^° ^^ demand. 
 Attorney ought to have his Grant in Court. Sid. "^ 
 103. Blfhop of £//'s Cafe, 
 
 Plea of Conufance hy the Vke-ChancelhT 
 of Oxon. 
 
 Tho. Caftle Vlalntijfy SoUdel Leichfield Defendant, 
 
 E€ pDice ^. %. p €. 3lltto?nae fuum beii) 
 ^ fupcc fjoc Ijcnit €f|onia^ Jfcll facte 
 'Ctjcologic l^^off (To? 5£Imc Hniberfitati^ <0^ 
 jron)©icc?<ramcllanii^ p W.H. ^rtojiDruum 
 nb omnia ^ finffuiaSli&cctatfiBf ^ P^ibilegia 
 fua petenD $ caUimpmanti ^fegurnli $ ^e< 
 fenbenti €t petit intie LiBcrtatcm fuam fci! 
 at! {ja&eni^ cognittonem placiti pDicf co^am 
 ipfo ©ice-CanccIlario bel BPeputato fuo a^ 
 puD a^jtroi!) tcncnii quia bit? quoD ^oif^ ^tn- 
 ricu^nupeciicjr 5Ilnjjiie ortabu^ p Ititerajtf 
 ruajEf ^^atcntfitf in bcbita juri^Gf fo;ma tm^ttt 
 $ Cud magno ^igiiio Cuo %x\Q\it ^igillal 
 gcreii) liate aputi Wit^^ p^ima Die ^Cp^ilijes 
 ^nno Ulegnt Tut becimo quarto comelTit tunc 
 Cancellario ^ dS>c5oIaribu0 pDice Hnibeifita^ 
 ttjsf Djconie ^ cojum ^Succeirojifiuior (intci: 
 alia) quoti ibem ^TaneeKartiiier CommiiTariu^ 
 ejufbe I)eputatUj6i 6t eo^um rf^uccefTojCiSf fe 11 
 j^encFcija! jg>ubrenerc|^a? $ alii gfutiicf isf per 
 iiiitum Cancellarium ^ ^uccc(ro?e0 Cuo^ 
 per Sttera^ fuaj^ j^igilio <@fneii Cui figilla^ 
 beputaf tarn t)e omnimotiiiB/ -Cranfgrcrnoni^ 
 fiUjei $ aliiiBf Q^alefnctii^ quifcufcunq? qunm 
 tie imp^tfioni6u5f ejrto^fionifcuitf confpiracio* 
 nifiuiaf confetJeracioniOu^sf inconticninnii^ 
 falfiief 5^llegianciiief computitju^ contractilin^ 
 
 D 3 ^
 
 3? CljeLatDof Cojpo^itlon^. 
 
 5 iniuriidf (iiiiOurcuiifF ^ cnir.imolii^s? nlii^rf 
 311rticulij< qui pofliiit rabcrc in ftiir m bcl rr- 
 Dfiiiptioiifm ffn in aliani pcjiam pccuninri' 
 am ac tjf aliis; contrtirtibiij^ plnciti^ef qufrclia 
 pronalibusf(% al jiiBf faiifief (^ tnarcriisf qiiiOuO 
 runoR qiiociincr, nomine fcnffrcntnr fcii frnfC' 
 n polTiiu licf t rongcrcnt biai^ mipfr llfgem 
 i^rrc&cB bf I .^urrc fTojcsf rao;9r ( iilTin^ $ pin- 
 tifi^ be libcro rencnicnto tiunrarat ercrpti^) 
 infra billam <0conic .^iiburbia^ l^unbrczi 
 our Comirae Ol^ron) j^Dicf nut atibi infra 
 lUgnum 3CnjjI quahtcrruncr; r mr I'gcn) fatti^ 
 fibc ppctraf aui farirnfi Htoc pprfranD' ram 
 nD ff ftam biai nupc c 0f gi^t (^rrcti (^ ^ufcc r= 
 fc:a)^fuo?ii) qunm ab ffctam priaf bcl alio quc» 
 (unq? niobo ubt ^cljolacc^ nut co^ii) ^crbi- 
 enttsS fibc mimllfri aut alic aliquc pfpne que 
 aliquo p;i>Jilcg birte Unibcrfitati^ gaubcrc 
 Debcrent btl brbct qm0 bcl qucm hitt <[a\v 
 cellar CommilTo?' cjufbe locum tcnen^ feu 
 fo;:um ^uccelTojcii calumpniare bcUent fuit 
 toel fo?ct un'parrium p -fecfiolarijof fcu-co^iD 
 ^crbiente^autlLaica^^entCjtfcifDem Vi U 
 <Droii) out p at inquircrcnt bcl inquircrc 
 pofTiUt $ plcnam cognitioncm ^ co^rcctior^ 
 jnDc ijabercnt $ ftuxufmobi plita querela^ 
 caufajp? (f nareriii^ qnocunque loco iufra 
 ©illani <0roii) $ ^uimrbia^af cjuftsnii aut 
 pcincf Uniberfitati^ )^l)iae ei^ place ret $. ex* 
 ecutioniOu0 inbe fecunbum eo^um ^taluta ^ 
 <ffonfuenibinc;ef bcl fecunbum Hegcm jClejj 
 5llnglie ab boluntat' pbicf CanccJiarii Com* 
 miirnrii fibe eju^ef ^eputii€ ^ ^ucccITo^u) 
 ruo2a) facf ac omnc^ ^ fingulo^ ?trticulcjtf 
 caufn^ niatcriaj0f ^ querela;^ (crccprijef p;c- 
 crccptiiQf) a'ltiircnt ^ terminarcnr ac omnia 
 ac omnimoba 2£mcrciamentaeriru0 fo:i0fa* 
 iturai6f "J ij^fiaia inbe |5\)fnicnrja ccmobii) t| 
 ' '■ ' ' utilu
 
 Clje Latu of Co^poaiUionj^. 3 9 
 
 utiliratcm Unibcrritatiiaf pblrj' '^ticm kXia 
 
 rent ^ pcrcipcrent p fe ■$ IDeputato^ fuo^ 
 
 imfiiietuii), Jita quoD nullum 3|iilliciariu^ 
 
 nD pfitaco^nmbicto nup ilicqc feu lf)crcDi(nitf 
 
 fui^ temnti aiTlgii) tel 3linignany ^iiiilrrrtav 
 
 be (ffomuni 25anfto giiniciarii ati ^fiftifa^' 
 
 rapicnd tocl nti <15aoJaitf tieUficrantJ bcl cuffo 
 
 OcA^ ipatt0 ku %uttit fcrbifii) labo^aroju) f. 
 
 arrificit) feu at ;jul!ic tod ^lutiiccjef ciiicnntK 
 
 J^fiicfcftnt tJd St^arcfffjal bcl €Icri(f ^crcati 
 
 l^orpirij tiitti imp Hcgtiaf l^cnrici octabi be! 
 
 ipcrclJu) fuoi|- JDiccconiejsf ai^ajoi 23aUimifl^ 
 
 feu (i\m0 (©fficiaciu^gf be! ^initttt Ditti mip 
 
 lUejji^ bcl i^ccetium fuoi(. quicunq? fe OiinU* 
 
 itio&i plitiiBf qiiet:cli0 eontfactibuief ^rticalijef 
 
 Caiifijtf Hl^aretiijef bel ar rebus? pbif e feu eoij- 
 
 niiquo (cjcceptijtf pcrceptlu ) infra bictam Wih 
 
 iam aProiD Suburb feu |D;ecinct? eiufbem M 
 
 aiibi infra 0e0nu) ^Cngl face bel faeieniS in 
 
 pfentia nee in abfrntia btcti nup ilicgije? bel 
 
 i^erebS) fuoij- in aliqno infromitterer. & 
 
 ft iibem ^ntlie aut al sr^inifiri Dicti nup 
 
 ^cgijS feu eoi|- aliqui^ef in pfentia feu abfen- 
 
 tia bitti nup Efffijef bel %rebit) fuoij. fup 
 
 aUquibu^ ^miHijS (ercepti^ percrpti^; in- 
 
 quirere feu aiiqualie cognofcere bel intro- 
 
 mittere pfumerent in tunc futurum iibcni 
 
 ^inifirerii ^ €>fficiarij pbicf ab eertifirario* 
 
 aiem notilicationem feu fignificationcniCam 
 
 eellarii Hniberfitatijsf ^but qui p^o reuipo^e 
 
 fo^et aut eiujtf CommilTarii fibe iocum tenni- 
 
 ti0 inquifirionibuief ^ cognitionibuj]? i)njn^^ 
 
 niobi aut cuicunq? ^celTai ^ ececutioni inbe 
 
 qualitercuncR facienti omnnio fupfebcrait ^ 
 
 ie inbe uUeciu^ in aliqua niUlatenu^ inrro- 
 
 niitterent nrc partem ab lefpanbenti inbe fo- 
 
 ram ipfi^ ponerent ab qisob parcel iUn co3am 
 
 biiio CanccUario f -^utfclTjnbujef fiii^ ct)i{. 
 
 '' D 4. ' Com
 
 ^o Cl)e Latu of Cojpo^ationct. 
 
 Comminraiii^ fibc iociiin tciifntiOujfJ inbe 
 loIiimoDo cafligarce punirci^ in fojnin pbicf 
 ;piir p cafDcni litcraief gatcntejBf Ijic in Curia 
 ylaf plcntuj^ apparct. €t itjcni aDictcanccl' 
 Iat:iu0 ultcciui^ tiicit quob per qucnljani 5C' 
 auni in ^arliamcnto iDoifi) (filijabctljc 
 nupcc Hrginc 3ngt apub i^cRti^ pDicj* in 
 Com) a^itid Tccunbo Die 3p:it 3ilnno Hcgni 
 fiii Dccimotertio inrljoaf ^ tcnf ^ ttsit (inter 
 at) inactitatum fuit :aiiitIio^itatc c jurDcm 
 Iparliamcnt quob pDice Jlitcrc patcntc^tf 
 bicti nuper BcQi^ l^cnrici oitatJi pnobili^ 
 Ipatrijrf cjufbcm ncgine fciritiibini0 face f 
 conccfji Canceliar ^ ^cjolaribui^f birte Uni= 
 iKrfitati^ oDjtron) gcrciD Ijt^t bicto p^imo bic 
 2Cpji!5iInno Hcgni c jufbcm nup nrgi^ef bcfi- 
 nio quarto fupjabicto ac ctiain omnrj^ a! ILi^ 
 tcre 5)atentc^ p aliqucni ^?ogcnitoi|- fru 
 P^cbecefToil- bictc K^or^ i!eginc Cojpor Co^ 
 po^at Uni\3crritati;9? <Ox*on) filjc aliquibuif 
 |P2ebcfc{Tc2|. leu eoi4- bme Hniberritatijrf 
 ouocunque nomine fi\je nominibu^ CancrC 
 Q^agidri f Jbcf^QiavciS ejufbem Uniberfita^ 
 ti0 in aliquifiujo? bictartt) Sliteraro) J>atentiij) 
 fuilTent ante tunc nominaf ertunc be ectero 
 fo;ent Done effectuafejef ^ balibe in Siege ab 
 omnia Jntcnrione-e? ConfiruttionfjSf $ pjopo- 
 fita tunc Canre! ^a^vi0 (f ^cljolariBu^tf 
 cjufbf m Hniberfitatiisf eo?umq; ^ucr eITo^itiu0 
 imppctuum jutta f fccunbuni fo^mam berba 
 fentencf $ licram inrentionem quarumlifiet 
 rarruibem ILitcrai|- ^DatentiiD tarn ample 
 plcil) f iarge nc fi rabem Hitere ^atentcjsf 
 rffirar fuiftcnt \3erBatim in illo tunc ^femt 
 31 au '4DarIiamcnti aliquo in rontrarul) ullo 
 uiobo lion obDanre. €t uireriujo? jnattitat 
 fuit'^utijojitate ^tiict qucb bicte Hitere ^a^ 
 fr!!tf^brrttparn^ PiuCbem Ulegte celfitpbi. 
 
 m0
 
 Clje LaUJ of CojiJO^itioujJ* 41 
 
 m^ t)tntiti octabt getenu^ Datum (icut pet/ 
 p^eltu) cIT fact* ^ conccfi^ bmo cojpo^i ^oliti* 
 CO tiat ^nitici(itau0 <©j:on) ac omiif^ af 
 Litete l^atentcjai s aliquem ^^^ogenitoii. feu 
 IP^ctifcclTo^um iUcgie CelfituDiniiBf ac omm- 
 inoti JliBtaf f ranctiife imuiunita«? quietan= 
 tie ^ ^jibilcgia Hcte tiic^ (5fingt Law-days) 
 $ at U0 (jucciinqfi in cifDcm c jt:p?cfi§ hat fi\jc 
 coitccf^ Dici? Canccllar ^agriitf ^ ^cfioJnr 
 ciuflicm UnitJcrfitatijBf autaliquijju^ Diaari^ 
 ilitfraru) ^atcnritt) fucr nominac ^ toirrute 
 iiliu^ tunc pfcntiiBf^ctUief foment crtunc te cc* 
 tcro ratiffcaf OfaBiiie ^ confirmat pDicf 
 CanccUaf a^agittrjitf f ^cgolariD^ ^niUcc= 
 fitatijQf phut $ co^um d&uccciro?ibujeJ inippc« 
 tuit) altquo Oratuto Sege ^ra0 Confuctud 
 condcuctiotD fibe aiE re in contrariii) uHo mo- 
 ho non obHante a^ut p cunticm ^cciD ine at 
 pleni^ apparet Ct ibem S^icecanccHariujef 
 hitit quoii j^tiice ^* S. tempore crf)i&itionii8l 
 25it pDift €♦ C ^ t)iu antca fuit ^ aJjIjuc er^ 
 iftit pcrfona p^ibiicgiata hiae Hniberritati^ 
 4!>xoft> ^ puftlicujef !^iniftcr ciufticm Coihtf) 
 ^nu^ 'fecDcHo^S fuperio^ci) Unibcrfitatiitf it-' 
 IiU5)f $ comoraii) in tJictaHnibcrfitate (&xon) ^ 
 p $ fubtet canticm notificationcni $ j) cat! 
 caufa all tunc $ ibiti fuit $ in pCenti etl 
 pcrfona p^ibiicgtat ^nitJcrfttaf ^hict $ iDco 
 ^ubifct ^ Eiabiliisf fummoii) ^ implicitar 
 f inbictar co^am Dicco CanceUario €ommif< 
 Tario fibe locum tcncnti ^nibcrntatijaf p^ir^ 
 ^ non alibi ncc in alia curia quacunque <^t 
 iDcm ©icf 'Canccllariujrf uitcriujjf liicit<©uoti 
 Cancellatiuie/ a^icc=€ancclJariUief CommilTa^ 
 riiiiBf fibc locum tcncii) Mniticrfitati^ ihict 
 $ tcmp02c cjcificiT) a tempore confcctioni;gi MU 
 tcrarum' ©atcntium fitJictarum fjucufrp f|a« 
 liucrunt cognitionem f O$tcvminationcm 
 
 omnia)
 
 4- 
 
 Clje laiu of Co^pojatioiiff. 
 
 omnia) ptitoi]- pDici* (rrccptia? vexteptiji) 
 altquo nioUo tangrii) \)cl coiicenicn) Sl^agi- 
 
 ciitci^ aliquoll. ^agidroil. Ul ^cf)olnriuni 
 Hniijcrfirnf p&ict" iiiibc idem IDifc Cniuc lla^ 
 riiij0f pctir Hibcrtatcm fiiam pDitram in ifia 
 pttto in Curia Pom) iJcgi^ nunc inter par- 
 te0 ^tix(ta0 ^ caDcm Inrtutc Lite rarum pa* 
 tmtium ^Hictarum ac bigo^c ^taturi ptiirci 
 ffOi allocflci, $c. 
 
 No/tf, If a Man brings Action of Debt by Bill in 
 Lnndort, Norwich^ or any other Inferior Court, and 
 afterwards brings Writ of Debt in B. C. this Suit 
 in the higher Court which is purchafcd, pen- 
 ding Suit by Bill in Inferior Court Ihall not abate. 
 
 CAR
 
 COe iatu of Cojpoiation^* 4^ 
 
 CAP. IV, 
 
 A<^ions brought in Inferior Corpora- ^ije infra cu-: 
 dons, and of Jurifdidion, Dcch^l^l^l^^^^;" 
 rations and Pleadingso £' '"'^^'^ '"/'■^ 
 
 ^ Error. 
 
 Trefpafs and Trover^ the Difference. Riens per 
 D'lCcent pleaded hj the Heir y Plaintiff repltcf A f- 
 fets, but jheivs not any Place where. Dies Jui k 
 dici and Adjournment. Suit in Inferior Courts 
 and then a Bill in B. R it jJjall not abate. No 
 AJfignment of Error agsin(i a Record. Of Pro- 
 ceedings after Habeas Corpus delivered. M4yor 
 and Bayliffs Judges of the Courts, yet by Cufiom 
 the Bayliffs may be Officers. Bayliff takes the 
 Bayl in ExecHtion^ and no Capias againff the 
 Principal. Informations not to be exhibited in 
 Inferior Courts. The Jurifdi^ion of an Inferior 
 Court ought to be fhcwedy and in what c fes it 
 ought to be fheivedf and in what not. IV here if 
 mu^ be Jhewed by what Authority the Court is 
 held, by Patent or Prejcription. IVhere the Let' 
 ters Patents need to be jet frtb er net. Stx Ma- 
 terial Exceptions to a yufiificafion in Trefpafs. 
 Traverfe upon a Tra'verje where it may be ufed. 
 Land lies in the Subu^bs^ and a Venire from the 
 Pariflj in a City. In Declaration of the Place to 
 which J Sec. appears to be tn another County^ the 
 Jury cannot try it. Where the Court cannot try 
 Aflumpfit becaufe they cartnet enajuire of the Per- 
 formance of the Confi deration. Conflru5lion of 
 Ad rune & ibidem. The Difference between the 
 Inferior Courts and Superior Court Sy at to Jw 
 Tt[di8ion and Tryal. Indeblcat' Affumpfic for 
 If arts fold and delivered ^ not faying where, 
 
 Difconti'
 
 44 ^be Lalu of €o2^o^(\tiom* 
 
 Dijcontinuance of Flea for default. In "what 
 Cafes the Jury may a[]e[t Damages tn a Foreign 
 JurtfdtHion. Regula about Junfdiclion as to 
 Pleadtng. Of tranjitory Actions tryed in Infe- 
 rior Courts. Difcontmuance ivhere one ts bound 
 proferre Literas Patcntcs or not. Where m Cer- 
 tificate on Error Jurifdtdion muH be fet fortb^ 
 and where it need not. Enejutry of Damages be. 
 fore whom. What WttneJJes for a Corporation 
 in a Tryal (halhbe allowed or not. The Perfor- 
 mance of the Prowife muff /7s well be within the 
 J'urtfdiclton, as the PrcmiJ: :t felf. Attachia- 
 tus for Summonitus not aided. Dicit omitted tn 
 the Declaration. 
 
 Jorifdiaion. I ^ Ri't)'" was brought to Revcrfe a Judgment in 
 wt^ Trefpafs Vi & Arjnis at Donca(ier : The 
 J ^ Error afligned was, That the Plaintiff de- 
 clared that the Defendant took certain Cows of his 
 out of the JurIfdi6lion of the Court, and brought 
 them within the Jurifdiilion, and there converted 
 them to his own uft. And it was adjudged to be 
 Error, in regard that the taking of the Cattel, which 
 is the Ground of the Action, was without the Ju- 
 Trefpafs Tro. i''^^J«^ion o^ the Court ; but had It been an A6t;ion 
 vcr, the di^e- ^^ Trover and Converfion it had been good. Stiles 
 rcnce. ^ I ^. Keighly znd Roades, 
 
 plaintiff repiicj Error of a Judgment in Derby in Debt againft 
 
 Affets.but faith the Heir upon an Obligation by his Father. The 
 
 ou'h*'''[hoJ'"h ^^^^"^^"^ pleads /^;e«/ per Defcent j the Plaintiff re- 
 
 the A*aion? P^'^^ Affets, but do:h not (hew any Place, and found 
 
 hid in a Cor- proQuer.The Error aifigned was becaufe he did not 
 
 poration. fhew in his Replication any Place where the Affets 
 
 fliould be ; and fo there is no place from whence 
 
 the f^enue (hould come. And though it were al- 
 
 Jedged that this being in a Corporate Village, which 
 
 hath not Jurii'dictiou to rry any Matter out of it ; 
 
 (and therefore may v/('Jl be int;,ndedto be in Derby 
 
 where
 
 Cbe Ham of Co^potattonsi. 4^ 
 
 \vhere the Adiiion was brought) yet fU the Court 
 held it to be Error, and it's all one wjiether the A- 
 dlon be brought in a Corporation or any other 
 Court. And the Judgment wa« rev^rfed. Cro» 
 Jac. 5" 04* Bourne and Carnngton. Via. 6 Ref. 46^. 
 DowdaVi Cafe. But in ftich Cafe the Jury may find 
 Aflets in any Place. 
 
 Error of a Judgment in IVme/fer ; the Error af- Adjourntneni 
 figned was, That a Day was given to the Parties of Court, 
 rill the Court to be held on 15" Dec. which was 
 Chrijfwafs'daytand it was then adjourned till I "Jan. 
 which Days are not Dies JuriJici; and therefore 
 the adjournment to thefe Days was void. But per 
 Cur. though thefe Days be not properly Diet Juri' 
 diet, yet when a Court is holden by Cuftom every 
 Monday, which falls out to hcCbrifimafs-day, they 
 may make Adjournment to a Day more convenient, 
 jind it's not erronious. And the Judgment was af- 
 firmed. 
 
 Errorof a Judgment in A6tion on the Cafe in A- 
 hivgdon-CoMri : The Error afligned was for that 
 the faid Court is mentioned to be held there before 
 the Mayor fecundum Confuetudinem Burgi a tem- No Aflfignment 
 pore cujus contrarii memoria, d^c. and it doth not ofE^ror againft 
 appear that there was any fuch Cuftom there to hold * ^^^°^^' 
 Pleas. Upon this Error alTigned it was demurred 
 in Law ; for it is againft the Record to affign fuch 
 Matter for Error, it being pleaded there and Judg- 
 ment given againft him. And if it be true that 
 there is no fuch Cuftotn, then the Proceedings arc 
 coram non judice, and he is not grieved thereby, 
 but he may have faux Imprijonment if he be arre- 
 fted by virtue of fuch Judgment, or other A£lioni 
 if his Goods be impeached thereby. Ttr Cur. thii 
 Aflignment being againft the Record, is not revcr- 
 fible ; and Judgment was affirmed, Ct9, Jac. :j59, 
 Wbifikr and U(. 
 
 Error
 
 4,6 C(jc ]LaUi of C^o,2po^^tICl10* 
 
 Proceeding af- Erfor of a Judgment in D. the Error afligned 
 fcr an Habeaf ^^3 bfcaufe alttT an Haheas Crpui cum caufa was 
 Corpus dcHver- ^^^^ ^^^ ^j- jj^j^ (^^^^^^.^^ ^^^^ delivered to the Mayor 
 
 and principal Officer ot that Courf, and acceptance 
 and allowance thereof, they notwithftanding pro- 
 ceeded to Tryal and Judgment. Defendant plead- 
 ed in ftuUo e^ erratum. Per Cur. the Proceeding 
 after the Haheas Corpus delivered is an Error, &• 
 coram nan judtce^ which is confefftd by the Plea- 
 ding in nullo eji erratum ; and if it was not true 
 that it was delivered to the Mayor and allowed, it 
 ought to have been denyed, and is tryable p«r pais. 
 Judgment was reverfed. Cr.Car.xGi. JE His and 
 Johnlon. 
 
 Error of a Judgment in Northampton, becaufe 
 there the Court being held before the Mayor and 
 two Biyiilfs, the Venire Facias upon the llTue wa? 
 awarded to the two Bayliffs to return a Jury before 
 Mayor andBay.jj^g Mayor and Bayliffs fecurtdum confuetudinem, 
 the Coifrt* vet ^^'^^ being returned and Judgment given, the Er- 
 by Cuftom the ^or afligncd was, becaufe the Bayliffs being Judges 
 Bayliffs may be of the Court could not alfo be Officers to whom 
 Offitets. Procefs fliould be direAed. Per Cur. it may be good 
 
 by Cuftom, and it is not any Error. For the Judges 
 be not the Bayliffs only ,buc the Mayor and BaylilTs ; 
 and it is a common courfe in many ancient Corpo- 
 rations fo to be : The Mayor and Bayliffs be Judg- 
 es^ and the Bayliffs in refpe^l of executing Procefs 
 are Officers alio, Cr. Car. i 3 8. Cro-iV and Hol- 
 land. 
 
 A. brings an A6iion againft B. in inferior Court 
 of Record, wherein C. is Bail for B. and binds his 
 Lands and Goods by Recognizance, that B. (hall 
 render his Body to prifbn il he be condemned, or 
 that he will pay the Money recovered, and after 
 Judgment is given againft B. and a Precept is di- 
 re6led to the Baylitt of the Coisrt, in nature of 
 a Cap. ad Jatisfaatnd. to take B. if he be found, 
 
 and
 
 Cbe JLatu of Co^pajation^. 47 
 
 and in default of him to take C. and theBayliff re- Bayliffs take 
 
 turns becaufe B. was not foupd, he took C. in Ex- '^<^ ^^il in Eic- 
 
 ecution, although by this Recognizance C. doth not ^"^^o"' ^^^ no 
 
 bind his Perfon, fo that the C^;>Wf lies nor againft fhTrind^al"^ 
 
 him 5 and tho the Capias doth not lie at the fame 
 
 time againft the principal, and then a Scire Facias 
 
 againft the Bail, yet becaufe the Court had Jurif- 
 
 diftion of the Caufe, and he did this by force of the 
 
 Precept of the Court, it fhall cxcuie him. 1 Rols 
 
 Abridg. ^60. Seaborn and Savaker. Fid. plus 
 
 Infra. Tit. Error. 
 
 B. brought a Plaint in the Court of Ludlow informations 
 (which is a Court of Record) againft C. tarn fro not to be exhi- 
 Dom. Regina quaw pro feipfo. Upon the Stature bited in inferior 
 ^V. & M. c. 5. which prohibits the Weaving of *'°""'- 
 woollen Cloth or Kerfies, unlcfs be bad been Ap- 
 prentice or exercised the Trade for (even Years, 
 upon the pain of forfeiture of fuch Cloth, or the 
 Value of it, the penalty to be recovered by Acti- 
 on, Bill, Plaint or Information in any Court of 
 Recordj &c. 5 Errors afligned. i . Xhat the faid 
 branch of the (aid A£t was abrogated and taken a- 
 way by the Statute, j EL c. 4. fed non alloc, for 
 both may ftand well together. 2. That the Plain- 
 tiff by Staxutc iS Elizj, c. ^. ought to have fued by 
 Original or Information ; and fo it was adjudged^ 
 HiU 3 o. Eliz. in B.R. between Woodfon and Clarke 
 where the Defendant was fued by Bill upon the Sta- 
 tute X g H. 6. of Sheriffs, and adjudged it lies noto 
 5. Though Ludlow be a Court of Record, yet ir 
 is not fuch a Court as is intended by the Statute. 
 I. Becaufe the Court intended by the Statute are 
 the four Courts of Record at Wejlmmfiery which 
 arc generally Courts of Record, and fo in general 
 parlance it (hall be fo intended, x. If the A6t 
 (hould be taken according to the Letter (in any 
 Court of Record) then a Court of Qyer and Ter- 
 miner, Sewers , Goal delivery , Sheriffs Turn, 
 
 Pic»
 
 ^8 Cbc Halu of Co^po^ationg* 
 
 Pie- powder, Leet, fliould be within the A(ft ; and 
 the rule is verba aquivoca & in dubio po/ita 
 intelliguntur ' m digntori (^ potent iori fenfu. 5. 
 Tho the Informer, taw pro Dom. Regina cjuam pro 
 feipfo, exhibits the Information, yet if the Defen- 
 dant plead a fpecial Plea the King's Attorney rtiall 
 reply only, and it was the intent of the makers of 
 the A<5t, that the Suit fliall be in fuch Court where 
 the Kin^^s Attorny may attend ; and this is in the 
 four Courts at fVeflmtnJler ; for the two laft Errors 
 Judgment was reverfed. 6 Rep. 1 4. 20 Gregorys 
 Ca(^. 
 
 furjfiii^ion of inferior Corporations andFran- 
 chifes, and Declarations and Pleadings. 
 
 TN Trefpafs for fating away a Mare, the Defcn- 
 
 „„l-;'i"J^-* 1 dant faith, That before the taking the Defen- 
 
 or Court ought ^^^^ (bemg the Kings Baylitr ) by Precept out ot^ 
 
 to be fhcwcd. the Court of Fowfrafl to make Execution by L. 
 
 on Le'vari, &c. Per Cur. its ill, becaufc he doth not 
 
 fhew the Jurifdiflion of the Court, and that is ne- 
 
 ceifary by thcBayliffof art inferior Court, efpecially 
 
 becaufe he jufl:ifies by reafbn thereof, i Keb. 53. 
 
 Crofts and Wtlktnfons Cafe. 
 
 As to the manner of declaring on Efcapes in in- 
 ferior CourtSj or upon removal out of inferiour 
 In what cafeg Courts, it need not be (hewed how the Jurifdi6tion 
 the Jurifdiflion of the inferior Court was, and how it was held, this 
 of the Court being but inducement to the Adion, as is i Cro. 
 ought to be fct^^^^^^^^ iKe^.xlQ. Drtnkwater'sC&Cc. 
 forth, and m _, ^ ^-f iT- u • 1 j . • • 
 
 what not. The Elcape bemg the material part, and tho it 13 
 
 faid the Party was committed Jebito modoy and doth 
 not fty prout patet per recorJuw, its good enough, 
 the Prefidents being both ways. But in Hodges s 
 Cafe the difference is right, when the Jurifdi^lion of 
 the Court ought to be fee forth, and when not. The 
 
 Deck-
 
 C(je am of Co^po?ation0* 49 
 
 Declaration was. Whereas the Plaintrff in fuch a 
 Court qf Pie- powder, held at Gloucefier jecum/um 
 confuetud. Civitatis iUtus^ brought Debt of loo /. 
 agalnll Hodges^ and thereupon he was arretted, and 
 under Cuftody o^ the Sheriffs of Glouceihr^ who 
 \tz him go at large. ?er (. ur. In pleading a Reco- 
 very in inferior Courts he ought to fhew by what where it may 
 Authority the Court is holden, whether by Patent be (hzwtd, by 
 or Prefcription. Afterwards when they make any whir Authority 
 Certificate out of inferiour Courts, ought to (hew ^^'^ ^°"'^f '* 
 therein how the fuid Courts are holden ; for they Jf p^^^j-j/'-^^ 
 bed know their own Authority, otherwife in the "^^ ^ 
 cafe of a Stranger, as here, where the ftile of rhe 
 Court is but an inducement to the A^lion. Cr. Car. 
 58. Hodges and May. 
 
 Procels out of a Court, virtute Literarum pa' 
 tentium^ is good in juftification j but in a Quo 
 Warranto^ or any Action for the Court, they rauft Where the Uc 
 be itt forth, and in an A^ion between Parties, where ters Patents 
 there is no Queftion of the Jurifdi6i:ion, they need ""'^ ^^ ^^ fee 
 not fet forth. ^ Kel. 1 04, 1 76. but it muft be fpe- ^°"^' *"^ °°^- 
 cially pleaded that fuch a Court was granted, and 
 that 'Virtute cujus, &c. 
 
 Ifllie in Replevin joined and found, pro Quer. in Mif-cmry of 
 the Court at Windfor^ being a three Weeks Court, the PJaint, 
 Defendant afligned for Error, that the Entry of the 
 Plaint in the faid Court was the 7 f A day of A/^7, 
 and the Plaintiff did afterwards declare there ofe a 
 taking of rhe Cartel the x^th day of May. Ver 
 Cur. ic's Error, becaule no Plaint can be entrcd but 
 at a Court, and this Entry of the Plaior was Mefhe 
 betwixt the Court days, and fo i he Declaration is 
 not warranted, no Cuftom being alledgcd to main- 
 tain fuch Entry. God, ZbS.. ixali's Rep. gj-:?. 
 Break and Gregory. 
 
 Trefpafs for breaking an Houre,and taking a Cap, 5 nutcriaj Ex- 
 the Defendant j^uftifie? by Plaint and Judgment in «ptions to 
 WakeMd. and a Precept of Execution, to which the )f'^''^i'^ *^ 
 
 E Piampff '^
 
 ,5-0 Cljc tm of €o?po^ition0» 
 
 Plaintiff demurred, becaufe i . It (aid cfuadam curia^ 
 not faying whar. i. It is taliKr frocejjuwy till 
 Judgment. ^. It's faid a Court, coram Senefcallo^ 
 Settatonbtis-i which cannot be a Court- Baron. 4. 
 It is faid the Defendant, ut Balhvus Seve(call\tOQk. 
 5. The Precept is rerurnable, ad frox StJJion. and 
 the Return is half a Year after. 6. The execu- 
 tion is at fuch a place, in faroch.fr ad. and faith not 
 infra Jurijdi6lion. Vet Cur. all the exceptions are 
 material, l Keb. 4. 844. Gamble and Forrejl. 
 
 Trcfpafs for Battery and Imprifonment at C. in 
 Devon. Defendant pleading he was Steward of the 
 Court of Stannaries held at X in Devon, where 
 becaufe the Plaintiff would not put in Pledges 
 to a certain A61:ion brought by J. S. he gave 
 Judgment, and commanded the Officer to take him 
 till he paid lo /. abfcjue hoc^ that he is guilty of the 
 imprifonment in any place out of the Jurifdicftion of 
 the Stannaries. Upon Demurrer, fer Cur. the Plea 
 is ill, for that it doth not appear by this Pica whe^- 
 ther C. be within the Jurifcii(5llon of the Stannaries 
 or not ; and if it be within the Stannaries^ then the 
 Plea is not good, becaufe it is no anfwer to it. i Rol. 
 Rep. l6j. Evely and Holey. 
 
 Trefpafs of AlTault and falfe Imprifonment, fijp- 
 pofed to be done in fuch a Parifh and \A'ard in 
 London, loMaiij ^^ Eltz,. Defendant juftifics by 
 reafbn of an Execution upon a Recovery in the Court 
 of Sand'ivicb within the Cinque Ports, in Debt and 
 Traverfe abfej-., hoc, that he was guilty in London, 
 d^e. The Plaintiff replies, and mantains the AfTaulc 
 and Imprilonmcntj and traverfeth, abff, hoc ejuod 
 habetus aliejuod tale recordum loejuet. prcut the 
 Defendant hath alledgedj Et hoc faratus efi vert' 
 ficare per Recordum. Defendant demurs. Per Cur. 
 the Defendants Plea, frima facie was good, be- 
 caufe it v^^as afpecial matter of Juftification, which 
 cannot be pleaded and alledgcd to be in any other 
 • place
 
 Cfje ialu of €o^po^atfo!i0. y i 
 
 place than where it was done ; but m this cafe, jf 
 
 the (pecial matter alledgedin the forein County be 
 
 fajfe, as here, the Plaintiff" may maintain his A6lIon, Trayeffe upoi> 
 
 and traverle the fpecial matter alledged by the Dc- * Tfavafp. 
 
 fendant ; and fo in fuch a cafe a traverfe may be 
 
 upon a traverfe, when falfity is nfed to ouil the 
 
 Plalntitf of that benefit which the Law gives him. 
 
 Pop. I o I . Paramour and Verrult* Cr. Eliz>. fo* 1 8. 
 
 Error was brought to revet fe a Judgment given 
 in the Kings-Bench in Ireland, in Debt for Rent. 
 The Plaintiff^ decUred of a Leafe of Land in fuch 
 a Parifh in the Suburbs of Dublitt^ on nthil debet^ 
 the Venire Facias was from the faid Paridi in Civi- 
 tate Dublin^ and Judgment there pro Quer. It was 
 afTigned for Error, bccaufe the Land lies in the Sub- Land lies Fh ^he 
 urbs of the City, and the Vevire Facias was from a ^"''"'"''s. and 
 PariOi in the City. Per Cur. It is all one, for the ^''p^^^'j^^^^^^^ 
 Suburbs are always within the Franchife of the ciry. 
 City, as Fleetfir^et within the Suburbs of London. 
 Holmes and Sanders. H.lz & XT,. Car. B. R. 
 
 Action on the cafe was brought in IVmdfor Court, 
 
 upon a promlfe, Plainritf declares, that ^x Windfor 
 
 within the Jurifdi6lIon of the Court, in confideration 
 
 the Plaintiff alTamed to draw with four Horfes 
 
 1 500 l^yles from anHoufe In Phdfy mCGm.Bucktf 
 
 to the top of Hedlj HilL Ibid, the Defendant pro- [f j^ fjjg Decla- 
 
 mifed to pay 5 /. Tho the Defendant pleads non ration the 
 
 aj]nmpjit, yet the Court cannot proceed to try it ■'1'^" sppeais 
 
 upon this Declaration, becaufe it appears in the De- ^^ ^^ '" ^"°" 
 
 claration that H^^/y-Hili, the Houie to which, c->'c/i;'',, ^J"' 
 
 . . * ^ 1 r I . T I the jury cannot 
 
 are m the County whereor this Jury cinnot take t,y it. 
 
 conusance* 1 Kols y^bndg. 5ZJ.5'. IverHone. 
 
 A(5):ion was brought in the Court of Bath in the Words. 
 
 County of Somerfet, lor fcandalous words againft 
 
 a Taylor, and declared that he ufed to work for di- .^ 
 
 versPerfons inhabiting within ihe Ciry aforefaidjas 
 
 well as within the Kingdom of Englavd\ Thou yj^r\^^\^iQQ 
 
 kafi fiohn Of mnch Cloth ok; of mj Suit as will 
 
 K % ?»ake
 
 maki thy li'tfe a IVaflcoat ; by which he loft his 
 fald Cuftomcrs. The Defendant pleaded not gull- 
 ry, yet the Court cannot try it upon this Declarati- 
 on ;"for the Jury upon the Trial ought to give 
 Damages for the lofs of Cuflomers out oi the Ju- 
 rifdiction of the Court. Sttwell and Ireland, i 
 Rol. Ahridg. 546. 
 
 Action on the Cafe was brought in the Mayors 
 ar/orY Court in Oxford. Plaintiff declares, that in conii- 
 
 deration the Plaintiff would buy or procure to be 
 .bought Wines in London., and convey them to 
 Oxon to the Dcfendant^to be paid by him, the De- 
 fendant affumes at Oxford to pay to the PJaiiuiff 
 the Money expended by him for tiie Wines and 
 Carriage, and the Moyety of the clear Profit co- 
 Courts rannoc ming by the Sale. Defendant pleads non ajfuwpft^. 
 try affitrnp/if, ^ht Court o^Oxon. cannot tryitjbecaufe they can- 
 becaufc they not enquire of the performance of the coniiderati- 
 
 c:naot enquire r W 1 • 1 r j ^ t_ 
 
 of the perfor- "" '^^ Damages which are pcrrormed out of the 
 mance of the Jurirdi<ftlcn, viz,- the buying of Wines in l^ondon^ 
 ConfidcratipB. and bringing them to Oxford ^vom London^ adjudg- 
 ed in a Writ of Error upon the Judgment in Oxon. 
 after Verdi(ft froQuer. and the Judgment reverfed. 
 In A6lion on the cafe in Redding Court, the 
 Plaintiff declared, in confideratlon that the Plaintiff 
 ^.i tunc & tb. would carry certain Meal from Redding to London, 
 the Defendant, ad tunc (^ ibid, aflumcd to pay T) 
 much as he defcrved. Upon this Declaration it Ihall 
 be taken that the Promifc was made at London^ 
 which is the next Anteccdent_, and fo out of the 
 Jurifdiclion of the Court of Redding. 1 Rols Abridg. 
 1^1. Long ^ud j4tkim. 
 
 A£fion Jur Cafe in Inferior Court, if thePlain- 
 jfumpfit. fi^ declare that at a place within the Jurifdiiftiou of 
 the Court, the Defendant affumes, that in con- 
 fideration that fuch a Ship (hall go from Tarmculb^ 
 which was out of the Jurifdi61ion, to Awjferdam^ 
 he would give to the Piaintitf j /. and avers that 
 
 the
 
 ^6e laU) cf Co^po^at^onjj* 53 
 
 the Ship went from Tartnouth to Antjierdam^ and 
 upon this the Defendant pleads non CuL This is not 
 tryable in this inferior Court, becaufe they cannot 
 enquire of thofe things which are out of their Jurif 
 di6ilon *, rho the Agreement was made within the 
 Jurifdi^flion, P. 15. Car a. B.R. Bryan and Lang' 
 home. This was Writ of Error upon fuch Judg- 
 ment In Newcajile. 
 
 The Courts fuperior, as Kings Bench, and the 
 Court of Common Pleas, the Jury in thefe Courts 
 in matters tranfitory, may find the thing in any 
 place in Englandy altho it doth not appear that the 
 place Is within their Jurifdi6lion ; but if tho(c of an 
 inferior Court will try a thing, it ought to appear 
 that this thing is within their Jurifdi6tlon. Sia.6^. 
 Rom fey and Atkinfon. 
 
 Error to reverfe a Judgment in the Pallace Court 
 for calling the Plaintiff Whore,by which (he loft her 
 Marriage, but (aith not wliere. Ver Cur. It's Error. 
 For here the firft words are not adlionablc without 
 fpecial damage ; aliter^ where the words are ri6i:ion- 
 able in themfelves. Sid. />.45'- Litlehury and JViight. 
 
 The Mayor and Commonalty o^ Exeter brought 
 Debt agalnft S. for 60 /. by them impofed upon 
 him for refufmg to take the Oath and make the 
 Declaration required in the Statute of i 5 Car.r. for 
 the better Government of Coi-pprations, and declare 
 that he was ele<5ted Bailiff of the Corporation for 
 one year according to their Charter, in which is a Debt .and Bine 
 power to Freemen for refuel to accept of the Offi- ^o'' rcfefing to 
 ces, and that by his refuful the Ele^lon ^"^^'^^^ ""^^^ T q^^^' 
 void, and aver, that the Bailiff ufually expends 6d /. ' ' 
 in his Office ; and for his refufal he was fined 60 /. 
 for which the Aftlon is brought, and on nil debet 
 Verdi6l and Judgment in fi.i?. and Error brought in 
 Scac. and afligned that the Srat. i ^ Car. 1. does 
 not enable to impofe any Fine, but only makes the 
 Office void. But pr Cur. the refual of the Oath 
 
 E 2 is
 
 '54 €l)c tm of Co?po^atiou£(* 
 
 isby ameaiisaicfuralof the OHicc, and To within 
 their power given by their Cliartcr to fine for re- 
 fufal to accept of the Office, and the Judgment was 
 affirmed. 5 Lev. i 1 6. Star againlt the Mayor 
 and Comnionalty of Exeter. 
 Demurs gene- Debt on obligation verf. Execut. who pleads that 
 rallj bccaufc j^ (^-^^^ J)om. Regis de recorJo tent. 4 dte Noz/ewb. 
 flitws iot hv ^^^'^ Rei^ni Dom. Regis nunc i\ apud Gmldbally 
 what Authority ^'i'^Kat. Noxwich coram A- &" B. VicecorMitibus e- 
 the Court was jufdeM civttads, L. brings Debt upon Bond ngainft 
 ^^^^^' him for 60c /.and Recovers,and Pleads,/)/c«tf ^^//w/- 
 
 nip ^c. Plaintiff demurs generally, and Judgment 
 for him, bccaule fhe Defendant doth not ffiew by 
 what Authority the Court Was lield, by Prcfcripti- 
 on. Grant, oroTherwife,according to the Relolution 
 \n Turner sQ^iicy ^ Rep. ^ Levin, l^i. Jones a.r\d 
 Atoldrtc. 
 
 Ajjumpfit in London^ for depafturing an Horfc at 
 Pafturc in the County of E£ex j the Defendant 
 pleads in Bar a former A6lion brought in the She- 
 riffs Court in Londcn for the fame depafturing, and 
 Judgment there for the Defendant ; the Plaintiff 
 Holding Pica Of replies, That the caiife of- A(5lion aro(c in Ej[ex, out 
 xn^xtcxjxtra ^^ the Jurifdiaion of the Sheriffs Court, upon which 
 jHriautiomm j|^^ Defendant demurs generally. P^r C«r. the Plea in 
 Bar is naught; for if the Sheriffs Court there holds 
 Plea of matter, extra Jurifdi^ionem, their Judg- 
 ment is void, and cannot be executed. 3 Lev. x 54.- 
 Micoe and Alcrris. 
 judgment tjpon In JJlumffit Defendant pleads two feveral At- 
 Attachment :n tachments of Money in London^ viz,, one for part 
 midc tistYa ?«- *^^ Money due to himfelf upon Obligation, and for 
 rildiCliontrr, the refidue upon an Obligation to a Stranger. Plain- 
 voiHable by tiff replies, That the two feveral Obligations upon 
 V;ca, which the Attachments were made, were extra 'JuriJ'- 
 
 dict"* curie de London. Defendant rejoyns that the 
 Obligation to himfelf made was made infra Jurif- 
 MHiJ'tm cur. de lend, Plaintiff demurs, and Judg- 
 ment
 
 C&c Lain of Co^po^ationj^. S9 
 
 ment> pro Quer. for Judgment of a thing out of 
 their Jurifcji Aion is abfblutely void, and advantage 
 of this is to be taken in pleading, without reverfal 
 by Writ of Error, i Rol. 809. and here the Re- 
 joynder does but anfwer to part of the Replication, 
 therefore the Plaintiff ought to have Judgment fpr 
 all. 5 Lev. aj. Frampton zndFettis. 
 
 Mayor and Commonalty o^ London declare of Cadomof Lotf 
 a Cuftom that they and their PredecelTor?, Mayors, ^'"^ *°J. ^^^T- 
 d^c. have had of every Mafter of a Ship 8 d. per bfoiJht into' 
 Tun for every Tun of Cheefe brought from any t^g por^ ^^^ii, 
 place In England to the Port of London^ ab orien- out confidcra- 
 tie de Londcv-hndge^ in name of Wheyage,and that i>on. 
 the Defendant being Mafter of a Ship, had brought 
 to the Port of London fo many Tuns, which at that 
 rate amounts to fb much, and had not paid it j and 
 upon non aJJ'umpfitj Verdift and Judgment, pro 
 Quer. a Writ of Error was brought by the Defen- 
 dant. I. That the Action does not lie againft the 
 Mafter, but the Duty is due by the Merchants, 
 Owners of the Goods, fed non alloc, for the Mafter 
 is trufted with the Goods, and hath recompence of 
 the Merchanrs for carrying the Goods; and it would 
 be endlefs to fearch after the Owners of the [everal 
 Goods, 2. Here is not any confideraiion for the Duty. 
 But per Cur. having liberty to bring them to the 
 Port, which is a place of Safety, is good confidera- 
 tion, and the Mayor and Commonalty of London 
 have the view and corre6lion of the River of 
 Thames J by the Statute of 4 Ediv.i{.. ^ Lev.' 37. 
 Mayor and Commonalty of London^ verf. Hunt 
 in Camera Scaccarii. 
 
 Error of a Judgment in Inferior Court in Ajjum- i^^eh'' afumpp 
 pfit for Wares fold, becaufe he faith mdehttatAnfra '^^^^'^^' V'^ 
 JurifdiBionem for the Wares, and faith not they ^^'A^ "^unf" 
 were fold infra JufdiB. and by the Multitude of ^,v7/»wfw. 
 Prefidcnts that had been (o, Judgment was reverfed ; 
 but otherwlfe Hale and IVtld held it well enough. 
 E 4 1 Liv.
 
 f« 
 
 Homan Figurci 
 in PlcaHing in 
 Infcijor Court« 
 good. 
 
 Pica of Frank- 
 Tenant not 
 wirhouc Wiir, 
 
 Cbnfidcratioa. 
 
 jtfumpjt$ in 
 HUB. 
 
 €be Lato of Cojpojntion^J. 
 
 t Levins 87. Han flip and Coater, p. zf Car. x. 
 S. R. 
 
 Error of Judgment in £xtfer-Courr, foi that in 
 the Award of the Venire Fac. \i was ^r^ecept. eft ptr 
 Curiam cfuod Ventre Fac. X!I. in Figures, but be- 
 ing Roman Figures per Cur. it i$ good enough ; o- 
 therwife had i. been thu"; 1 1, in fiugliih Figures: 
 And the Judi'mtnt was atHrmed. x Lcvms 1 01. 
 Hawkins and Milh. 
 
 Error of a Judgment in Dower in the Court of 
 Newcaftle upon 7>«f, for that ic was a Plaint with- 
 out a Writ, for Pleas of Freehold may not be held 
 without Original Writ, ■^ Cro. 101. and yex ihtir 
 C uftom is alkdged to hold them wirhout 0;i^inal, 
 which is not laid fo here. Hale dubita'vn if a Cu- 
 ftom had been alledged ; for in London (hey hold 
 AfTizesof frefh Force ^er Cuftom without Original. 
 But their Cuftoms are confirmed by the Star. R. x. 
 And he (aid Aflizes of frefh F'orce are held in other 
 places by Cuftom. But Judgment was reverfed. 
 z Levins 1x5. Lcmax and Armorer. 
 
 In yl/l'ump/rt in Inferior Court the Confideratiori 
 was, that the Plaintiff fhould foUicit a Caufe in 
 Chancery^ the Court revcrft the Judgment there (or 
 want of Jurifdi£tion. l Ventr. x8. Barklej and 
 Tatn. 
 
 Ajjumpfit in Hull., the Plaintiff declared that there 
 being a Communication between the Plaintiff and 
 Defendant concerning an Houfc which was faid to 
 beat jy«<I/- Bridge, which the Plaintiff fold to him; 
 the Money being unpaid, and the Defendant una- 
 ble, in confidcration the Plaintiff would releafe to 
 him the faid Debt, he promiftd to deliver up the 
 Poffcffion of the faid Houfe by a day certain. Then- 
 he- averp, that though he rcieafcd him, that the De- 
 fendant had not delivered him up the PoffelTion //f// 
 japiui reejwfitus. It was held to be Error, becaufe 
 ihc' Houfe is not faid to be within the Jurifoi£i::on ; 
 
 for
 
 COe LatD of Co^po^atfonef* 57 
 
 for the Performance of the Promile mufl: as well be The Pcrfbr- 
 within the Jurifdi6lion -as the Promife it felf ; but "'^"" «* ^^'^ 
 it is not material, though there be other foreign Cir- P'^°|"'''e "^u^^ a» 
 
 A ■ 'L. r n r fi -r ^^'l tc within 
 
 cumltances m the caie, as ajjtimfin upon a Promile ^^ jurifdiflbn 
 to re- deliver an Horfe at Hull to ride to Beverley ; as the Promifc 
 this that Court had Conufanee of, though Sever Uy it fclfl 
 wasout of tbeJuri(di<ition. iVentr. 'jl. Barnard 
 verC Barnard. Sid. l<^i. Drake and Beere. 
 
 Error of a Judgment in Norwich^ becaufe in A- j^ttachiatm (oi 
 Gt\on of Debt the Record was Attacb'tatus efi^SuHnmomtus, 
 where it ought to have been Sumr^omtus eft ; for 
 that ought to be as an Original, and tor want there- 
 of it is Error ; and it is nor aided by Stat. 1 8 El. 
 for that is intended want of Original Writs fued out Not aided by 
 of Chancery, returnable into the B. C. or B. R. ^^"^' '?^''^' 
 but it extends not to Procels, which is in the Nature 
 of an Original Writ. Cro. Ja-c, 108. Trat and 
 Dixon. 
 
 Error of a Judgment gi\ren in Havering Bcwer, 
 for that in a Replevin there the Declaration fuppo- 
 feth the taking to be apud Chelridge in a place called 
 C. and he doth not (ay Infra yunfdtBionem CuriCf Vh«re ouglit 
 for it being a private Jurifdicftion, it ought to bd to fliew /w/r^ 
 fjjeciaily (hewed to be within it ; otherwifc the JurifdidioTttm. 
 Court (hall not intend ir, though HavertUg Bower 
 was in the Margint, and that (hall not be (ufficient 
 to take away the Juri(di£lion of the Superior Courts^ 
 without (hewing it. Alit. where the County is in 
 the Margint of a Declaration, and the Trerpa(a or 
 Thing is alledged to be done afud D. and doth not 
 (he w in what County D. is, yet it is well enough, 
 for it (hall be (b intended. Cro. Jac. 91. Quakes 
 and Searle. 
 
 Debt on Bond in Southampton ^ Error afligned 
 was. That a? a Court held 9 l^ov. the Defendant 
 brought his Writ of Priviledge, and the Mayor be- 
 ing aWent the BaylifFs allowed it, and gave day till 
 the next Court, when the Mayor being prefenr did 
 
 di fallow
 
 5 8 Cfce 1 aU) of Co^po^ation^. 
 
 difallow it, and for default oi anf\^r Ntl Jicif was 
 ienter'd, which is a plain Error ; for after the Writ 
 delivered they could not proceed : and if it be f:iid 
 that the BaylifFs are not Judges, then they cannot 
 hold a Court, and the Day given by them is null. 
 Cro. Eliz,. I ^1. Bettrices Cafe. 
 
 In Error upon a Judgment in the Court of Co- 
 x<entry the Plaintiff declared, That the Defendant 
 The Goods to being indebted to him infra JurifJtSiton,m Cur. pro 
 h nf^^ ^° diver fti bonis C^ mercimomis ante tunc zfendit. d^ 
 'JHnfdithonem deliherat. did then and there alfume a Judgment 
 fro Quer. but j)er Cur. it is Error that the Goods 
 were not alledged to be fold within the Jurifdi6lion 
 of the Court, z Ventr. i\'^. Hanjlap and Cater, 
 I Keb. 499. But it is faid in A£tion on Indi-btta- 
 tus tnfra tnfer, yurifdid. for Wares fold and deli- 
 vered, not faying where, after Judgment by Non 
 [urn informatus , it was aiTlgned for Error, that the 
 Indehitus af- Sale was not faid tnfra Jurifdtclionent^ fed non allo' 
 ^^'^'^^^°^^y^' catur per Curiam, the We^«4r«i being created by 
 not where ' Eaw. 1. It is faid that the Defendant per Attorn, 
 venit d^ dtcit quod nen cH tnformatust- which per 
 Cur. is Error. 5. Judgment ^juod recuperet for re- 
 cuperare debeat, being Executory in Error, i Keb. 
 419. Anifon ytx^ns Starke. And yet in Dorrington 
 againft Slipper^s Cafe, Error of a Judgment in the 
 Palace-Court in Indebitatus tnfra for Wares fold 
 and delivered, not faying where , It is Error per 
 Cur. the Debt arifing on the Delivery, which mull 
 fhew the place certain, i Keb. 51^. 
 
 Error of a Judgment in Salop ; for that in A- 
 «Sl;ion upon the Cafe there tryed, the Defendant was 
 efToined and had day per Ejfotn. d^ Quer. habuit 
 eandem diem, at which day the Defendant being 
 demanded, appeared not, but made default ; Et 
 habuit diem per defalt. fecundum Confuetudinem 
 Villa pradtti. given by the Court, Qviz,.) fuch a 
 day at which day the Parties appeared, and Judg- 
 ment
 
 ment was given againft the Defendant fer nihil di- 
 
 cit. So the Plea was utterly difcontinued ; becaufe Difcominuance 
 
 when the Defendant made defliult no day can be^^P'^*- 
 
 given to him, when he was out of Court, and the 
 
 Allegation that it was done fecundum Ccnfuetudi^ 
 
 nem cannot help it \ for no Cuftom can help that 
 
 which is againft Coramon-Law. Cro. Jac. ^^J. 
 
 Error of a Judgment in Havering-Court in Ej/'ex, 
 becaufe the Jud foment being in Debt by Nihil dicit, 
 there was a Difcontinuance (jvix,.) that after Im- DiG;ontinuancc. 
 parlance) day was given to the Parties until the 
 next Court, and no day certain : And for this caufe 
 Judgment was reverfed. Cro, Jac. 571. Adams and 
 Fljtb. 
 
 Error of a Judgment in Bath in A6Hon on the 
 Cafe for Words; Whereas the Plaintiif was a Tay- 
 lor in Bath, and was a Freeman there in Com. 
 Wilts ; That the Defendant faid of him at Bath, 
 That he Cheated in his Trade ; by which means he 
 loft divers of his Cuftomers in Bath and in the 
 County of Wilts. Judgment fro Quer. 100 Marks 
 Damages. Error was, That the Jury at Bath (be- j^ ^^^^ ^^^-^ 
 ing within a private Juri(di6bion) ought not to have jury may aflcfs 
 affefled Damages for the Lofi of his Cuftomers in Damages In a 
 the County of Wtlts. And it was agreed that the »o'e'gn Jurirdi- 
 Cafe in fVindfor-Coun about the Carriage of the °"' 
 Load of Billets was good Law: But this being an 
 Allegation only in refpedt of Damages for the in- 
 creafe of them, which they may enquire of in any 
 place whatfoever, Judgment was affirmed. Cro. Car. 
 570. Ireland ^nd Lock-well. 
 
 In Debt for Rent it is Error if the thing demifed 
 doth not appear to be within the JurifdicSlion of the 
 Inferior Court where the A6tion is brought.5;<^. 1 5" i. 
 Drake and Beere. 
 
 Action of Debt was brought for Rent at Exon : 
 Error was afligned. That though the Leafe was 
 made at Exon, yet the Land demifed was fuppofed 
 
 to
 
 6o 
 
 Wharcver 
 things miy be 
 travcrfcd m In- 
 icrior Coiirri 
 (hall not be 
 fuppofcd to be 
 wifhin the ju- 
 rifdi^.op.. 
 
 Trinfitory A 
 6)ions> 
 
 * €be lata of Co^po^ationj?^ 
 
 ro be out of the Juri^d'6lIon (viz, ) at Tf which 
 fhall not be intended to be within the Jur:fcii(5tiun, 
 LMtlcfs it be (b furmized ; and it was (aid whatever 
 thing may be travelled in Inferior Courts (hall not 
 be given in Evidence, nor (hall be fuppofed to be 
 within their Jurifcii6tion. Std. 1 57. Drake and 
 Beer. 
 
 It is ftid in I Roll. Abr. 548. if a Bond be made 
 out of the Jurifdiclion of the Court, though the 
 Adlion brought upon it is tranfitory, yet fuch In- 
 ferior Court hath not Jiirifdiftion o\ any thing which 
 arifeth out of the Jurildidion, and therefore cannot 
 hold Plea. Ricbardjun and Bernard. So it's faid 
 Inferior Courts may not hold Plea of Obligation, 
 Battery, or other tranfitory A<^ions, unlefs it be 
 within the Jurifdi :tion ot the Court ; for the Court 
 is limited to things arlfing within thejurifdiflion, ^ 
 for it's the common Pradlice of fuch Courts other- 
 wife, 
 
 CovtntrjZwxt. Error of a Judgment in Coventry : Error affign- 
 cd was, becaufe the Judgment being by nihil dicit 
 in Debt was dilcontinued, for the Continuance was 
 taken until the next Court, which is uncertain, as 
 
 Uifcontjnu^ncc. in Dier xSt. But it was anfwered. That in Coven- 
 try there is no day certain for the keeping their 
 Courts, for fbmctimes it is held within a Fortnight, 
 and fometimcs within three Weeks. Judgment 
 affirmed. Cro.Jac. 154- JeJJonznt^ Laxon. 
 
 Officer of an Inferior Court when he juflifies by 
 Proceedings there, ought ro (hew the Jurifdi<5tion 
 cither by Prefcription or Charter j and if by Char- 
 ter, there ought to be a Vrofert in Cur. of the Let- 
 ters Paienti. But if the Plea be pleaded by a Stran- 
 ger, it is not requifite for the Impoflibiliry. i Crook 
 ^6. per Twtfden^ but Windham contra^ no Man 
 is bound froferre his Letters Patents, except in 
 Cafe of Quo PVarranto. He which jufl'.fics as Ju- 
 
 ftice 
 
 Where one is 
 bound proferre 
 Literas Patcn^ 
 tit.
 
 ^(}e lLaU3 of Cojpo^atioim. ^i 
 
 ftice ot Peace need not (hew his Commiffion. i Sid. 
 511. fVbate and Alprt. 
 
 Error of a Judgment in Colcbejter, for that in 
 ^jj'umffit the Verdi<Sl found Damages and Cofts ; 
 and the Judgment was, $imd tjuerem recuperet Je 
 dawpfiisy andCofts found by the Jury to 55 i. 4 ^. 
 Je Incremento per Cur. adjudicat. and ha dothj not 
 (ay ex a{fen(u le VUintiff\ or ad reefuifuionem U 
 Plaintiff, as all the Precedents are ; for Colls ought 
 not to be in(erted for the Plaintiff but at his Rcqueft ; 
 and the Judgment was rever(ed. Cro.Jac.^^j, 
 Sacbe^nd Teoman. ,oi;uiy 
 
 Action on the Cafe in the Coyrt of LautiX'efidn 
 in Cornwall \ Plaintiff declares, th^t where he was 
 Atrorney of the Hundred of 6\ in CornwalI,thc De- 
 fendant having Communication of him with 5^. S. -^"J/^^^fJ"* 
 of his Profcffion, faid he w^s a Cheat. After Ver- cl'^fe ofAdlon 
 di(St and Damages for the PlaintiflF, this I's Error, be- be in a Foreign 
 caufe the Jury cannot enquire whether the Plaintiff Jurifdiaion. 
 be Attorny of the Hundred Court, this being out of 
 their Jurifdidlion, and this being the principal Caufe 
 of A6tion. 1 Rolls Abr. ^^6, Faces ^nd Haddon. 
 
 What Witnejfes for a Corporation in a^ Trjal (liall 
 be allowed or not. 
 
 Action was brought by the Corporation of 
 Weavers in Norwich, for a Penalty againft 
 a Weaver for working in his Trade in Har- 
 yeihtimr, contrary to an Ordinance l?y them 
 madei and Atkini^ Jul^ice^ allQwed one of the 
 Corporation to be a Witnef?, though one Moiety of 
 the Penalty was due tQ. t)ft?, CoJ'poration. l.ent,A{J. 
 
 1657. .. !::-:•? ..' 
 
 Adjtion of Debjt >^asi. brought Summer AIT. Suff. 
 1 699. by the Town of Ip/wich for 50/. a Fine 
 (et on one chofcn Common Council Man (called 
 there PrImQ Conflable) for refufing u renounce 
 
 the
 
 6^ C&e KLalu of Co?po,>nt(on0^ 
 
 the Covenant, &c. and the Town-CIcrIc (though 
 a Freeman) w;is allowfd a Wirnefs ro prove Ele- 
 ction, Refufal, &c. and the Fine fer ; which is for 
 neceffity, for that none orhcr are or ought to be 
 prelent at thofe A6h. Raivsford Jufi. 
 
 Per Hale Chief Jallice, Norfolk Summcr-AJJi- 
 z,eiy 1668. A Freeman of Lyvrte is not an allow- 
 ableWitnefs ro prove the Cuftom o^ Foreign Bought 
 and Foreign Sold in that Town. Hanvick contra 
 Twels. 
 
 In a Tryal at Bar, where an Eflate for Life is 
 limited to J. S. the remainder to the Poor of the 
 Parift o( Greemvichf by Will ; the Inhabitants of 
 Greenwich were allowed to be Witnefles to prove 
 the Will. Townjtnd and Roane. I M. 165' 8. 
 B. R. 
 
 NotC'i In A6lion by Dean and Chapter, Mayor 
 and Commonalty, Brother to one of the Commo- 
 nalty, e^c. is a good Challenge. 
 
 Intormation innature ot^ Quo Warranto for taking 
 Member* of a a Half- penny fer Chaldron for all Sea-Coals im- 
 Corporation ported to London. The Defendants prcfcribe for 
 Tif Q)?or'a^°' the Duty, and Iflue upon the Prefcription tryed at 
 cio^n ^^^ ^ ^^^ ^^'"* '^^^ Defendants produced feveral Citi- 
 zens, Free-men of London^ to prove the Prefcripti- 
 on ; and it was objedied they ought not to be Wit- 
 nefles e^uiain propria Caju* But per Cur. it ap- 
 pearing that the Mayor and Sheriffs have all the 
 Profit of this Toll, ahhough to the Benefit of all 
 the Corporation, whereof all the Citizens and Frcc-» 
 men are Members, yet they have not any particu- 
 lar Profit thereof to themfelves, they were fworn as 
 Teftimonies ; for it fhall not be intended that they 
 would be partial for (6 fmall Adv^antage, and fo 
 remote, i Le-vin. a; i ♦ the Kingagainft the Mayor, 
 Citizens and Commonalty of London. 
 
 AiStion
 
 C6e %m oC Co^pa^ationi?. ^3 
 
 Aftion on the Cafe was brought, for that the 
 Plaintiff being an Alderman of Canterbury f and ptK 
 out of his Place, and had fued a Mandamus to be 
 reftored, The Defendant, falfo^ ^c. procures a 
 Return to be made in the Name of the Mayor, Al- 
 dermen and Commonalty of Canterbury^ and fet out 
 all the Return in bac verba^ and the Falfity of it, 
 by which he loft his Place. At the Tryal the De- 
 fendant produce (even Free.men of Canterbury as 
 TefUmonies for him to prove the Verity of the Re- 
 turn ; to which it ' was objected, that they ought 
 not to be received becaufe they were Free men of 
 Canterbury ; and produce a By-Law there made, 
 that this Return was ordered to be made at the 
 Charges of the Corporation ; to which the Defen- 
 dant's Council (hewed a Releafe, by which the De- 
 fendant had releafcd to the Mayor, d^c. all Ad- 
 vantages and Demands which he hith by this or 
 any other Order^ aut alio modo quccun^; and per 
 Raimford & Twifden, the Teftimonies were refu- 
 fed to be fworn, and the Jury gave Verdi<ft pra 
 Quer. But afterwards the Court conceived that 
 thfy ought to be received, z Le'v'm. 1^6. Enfield 
 and Hills* 
 
 Error to reverfe a Judgment in the Caurt of Ely. 
 
 i/ I ^HAT he did not fhew in the Stile of the 
 1 Court how Ely had Power to hold Plea, 
 either by Charter or Prefcription. 
 
 a. He faid at fiich a Place in Ely he did pro- 
 mile, but ftiews not that it was within the Jurifdi- 
 (3 ion of Ely. 
 
 3- That it was upon a Confideration toSurceafe 
 a Suit in the Chancery that the Defendant did pro- 
 mife, but (hews not that at the time of the Promile 
 there' was a, Suit depending.
 
 ^4 ^1)^ ^*^^ ^^ Ca?po^at(on0» 
 
 Kly, chejler, P^r Jon(s Jufti^c. Cbefier and Purbam are ge- 
 
 Durh.tTo. nCf^Dy known, iuid therefore it's good to fay, 
 
 fUcit(k ti»t- apud Cbefier, and the Party need not 
 (hew how Cbefier hath Juri(di<5tion : But it is not 
 fo of i^(;. Hfde Qh.\cf juiikc. \n all particular and 
 private Juri(di4llgns, If they conic to be certified 
 h^re in a Writ of Error, you muft fet out their 
 Ppwer ; l?ut if they have a Power l>y Statute, as 
 WnUi, then k n^e4 not be (et forth. Jud|(tmenc was 
 reverfed. Letcb^ x^p. M)n ^. Qidlf. 5,8 3. Gun- 
 Ut\ Cafe. 
 
 Battery in r/i/woMt-^^Court before the Mayor and 
 Bayliiffs ^here^ and Not Guilty pleaded; butafter- 
 "v/nrds the llfu* was waved, and Judgment was gi- 
 ven for the Plaintiff i and a Writ to eniquire of Da- 
 mages, was awarded to the Serjeant ot the Mace, 
 that by rhe Oath of twelve he fliould enquire ; and 
 the Writ was made returnable at the next Court 
 before theMayor and Bayliff,and upon aWrit of Er- 
 ror broughtjic appeared by the Record certified, that 
 Enquiry of Da- the Writ to enquire of Damages was taken before 
 mage, before t^g Mayor of Plimotttbj who was alfo Judge of the 
 * Court, and for that Caufe reverfed. For the Writ 
 
 warrants the Enquiry to be before the Serjeant of 
 the Mace, who by the Writ for that purpofe is made 
 a diflin(5t Officer; and fb a Judgment to recover 
 thofe Damages taxed before a wrong Officer, to 
 whom the Writ was not dire6fed^ is erroneous. 
 I Brownl. 105. Baylt and Aioon. 
 
 Error of a Judgment in, liTor cefier- Courts for 
 
 that the Declaration was, R. H% ijueritur verfus 
 
 H^ Field de placito quod reddat ei, 20 I. cjuai ei de- 
 
 bit (^ injufie detmet. Et unde idem efi^er^ per M. 
 
 Cicit omitted Attorn, fuum cjuod cum pr^d. Def. C)^C: Per. Cur. 
 
 in the Declara- This is no Declaration for want of the Wor-d (dicit) 
 
 ^''^- objected, that auer. may be iijrendfd efm^ntur, and 
 
 then it is, Unde idem quentur ; ytt th>5 will nat aid 
 
 it, for then it is not ccrt-ain co what ihii. Word tdt^n 
 
 fhali
 
 ^()e urn of Co^poiation^; % 
 
 (hall refer, and it (hall be fald to refer to the De- 
 fendant, bccaufe it i$ prox. anteceJens. Telv. 105, 
 Field and H«xir. 
 
 CAP. V. 
 
 Stile in a Corporation-Court. 
 
 of the Stile in a Corporation-Court , and wbai 
 Mijlakes are Error or not. In Inferior Courtis 
 the Authority whereby they are hsld, and the. 
 Names of the Judges before whom they ought to 
 be exprejfed. No Judgment tn a ferfonal A6iion 
 before Appearance. No Platfit can be entred but 
 at a Courts The Plaint is as the Original at 
 Cemmon Law^ and how the firH Entry ought to 
 be. Of the Court of Piepowders* By Cuftdm may 
 bold Plea of Bonds, &c. Court by Prefctiptioii 
 Not taken away by the Ring^s Confirmation. Of 
 Bail in Infirior Corporations to appear. Woo 
 may take fuch Bail. Bail to pay the Condemnor 
 tion or to render the Body. Before whom to b$ 
 taken and why. 
 
 ERROR of a Judgment in Leice^er in hr- 
 6lion Jur Cafe^ becaufe the Stile of the 
 Court was, Placita coram J. S. Majore^ 
 & J oh. Chapman Recordatore, & J. D. & J- N 
 Mdermannis Burgi fradtcH jecundnm confuetudi' 
 nem Burgi pradicl. and a Plaint being entred uport 
 a Summons, a Non eff inventus was returned ac S 
 Court holden coram dtBo J.S. Majore, & J. N. & 
 J, £>. yHdermannis Secundum Confuetudinem Bur^ 
 gi pradi^. &c omitring the Recorder, which was 
 
 F obje(5t«d
 
 ^ t^jt Lalt) of Co^po^atfon0« 
 
 obje<5led to be coram non Judife. Sed fer Cur. 
 it may be, that at the firft Court holden the Re- 
 corder was there, and at the fecond Court he was 
 abfent, and the Court is well held by Cuftom there 
 before the Mayor and two Aldermen. Cro. Car, 
 J71. Bryan and Wikes. 
 
 Error of a Judgment In Debt in Com. B. becaule 
 the Judgment was that the Mayor^ Commonalty and 
 Citizens of London fhould recover the Debt and 
 fix Pounds for Cofts, eidcm Majori & Commu- 
 mtati (omitting Ctvthui) ; and fo no fuch Cor- 
 poration, was held to be Error, but it was amended 
 afterwards. Cro. Car. 574. Anne Healing^s Cafe. 
 
 Adiion on Elcape, and declares he delivered a 
 Writ to the SherifJF of Nottingham^ who made a 
 Warrant to the BaylifF of the King's Liberty of 
 Newark to execute it j which Warrant was deli- 
 vered to one L. Deputy of the Lord Burleigh-, Bal- 
 livo Libertatts Dom. Regis Wapentagti fui de Nif- 
 warkt who arrefts him, and the Defendant refcued 
 him out of the Cuftody of the faid Deputy. He 
 (aith he was refcued from the Deputy of the BaylifF 
 of the Franchifc j and does not fay, from the Bay- 
 iiff himfelf or the Sheriff. Per Cur. it's good. For 
 in this A6tion on the Cafe he (hall fhew the Truth 
 as it is in rti veritate, and it's not like the Returns 
 of Refcues on Indidments, which fay, it was done 
 to the Sheriff or Bayliff himlelf. It was moved for 
 Error, 2. Becaufe it is alledged the Lord Burleigb 
 was Ballivus Liberutis Dom.Regii de NewarkyZnd 
 the King cannot have any Liberties, for they are 
 cxtin6l when they are come into his Hands, fed non 
 allocatur : For the King may have fuch Liberties by 
 the Suppreflion of Abbeys (which are not extin<^ 
 but revived per Stat. 31 H. 8.) or by fbme other 
 ways ; and it fhall not be intended to be extin6t 
 unlefsit be (hewed : and the Bayliff of a Liberty 
 may well have a Deputy. Cro. Jac. 14-1. Kent and 
 EUwtSo. Defcn<
 
 Cfje Latu of Coipo^atfonis. ^y 
 
 Defendant juftifies by Procefs to the Bailiff out 
 of the Court of the Honour of P. ?.nd does not (hew 
 any Proceft was returned, which being an imme- 
 diate Officer ought to be fhewed ,♦ contra of arr un- 
 der Officer. 1 Keb. I '^6. Hay v/ood ^nd Wood. 
 
 It is /aid in Telv. in MoufehCafe, That if an In- 
 ferior Court hold Plea, and in the Stile of the 
 Court it doth not appear how they hold it, (viz>.) 
 per Charter or Prefcription, the Proceedings in this 
 Plea are erroneous, and all which follows upon it ; 
 For all Jurifdiillon to hold Plea refts in the Crown, 
 and therefore it ought to be afcertained to the Court 
 of the King how this Power is derived from the 
 Crown, and this was adjudjged upon a Record re- 
 moved out oi Grave fend. Telv. f. 46. 
 
 The Stile of the Court was, Placita coram Ma- 
 jore-i d^c. VirtHte Liter arum Patent ium H. 6. 
 yet the iffuing out Procels and filing Bail was en- 
 tred Secundum Confuetudinem Cur. and cited i Cra 
 145. Long and NeathercoaisQ^Se^ where the lame 
 matter was held to be Error, for the Court being 
 held within time of Memory could have no Cuftom 
 to warrant the Proceedings, fed non allocatur ; for 
 it is according to Law and the juft Courle of the 
 Court. X Ventr. "jz. Bernard's Cafe. 
 
 Error of a Judgment in Burton upon Trent. The 
 firft Error affigned ore tenus, becaufe it Was not 
 (hewn in the Stile of the Court, by what Autho- 
 rity it was held, {vtz,.) by Charter or Prefcription. 
 Thefecond Error, becau^ the Stile of the Court is 
 Coram Senefchallo d^ Ballivo Domini Paget ; and 
 he doth not (hew their Names. Per Cur. they are J^J" AuSoIT 
 Errors incurable. Eor in thefe Inferior Courts the ,yf^5reby rhcy 
 Authority whereby they are held, as Kkewife the are hdd, and 
 Names of the Judges before whom, ought always the Names of 
 to be exprefled ; otherwKe the King's Courts can- ^^^ ]"«<§« be- 
 not take Conuftnce ot their Authority, ii Ed. 4. 8 ought to b" 
 Cro. Jac. 184. J err at and Caldwell ^ Co in Jobnfon pceired. 
 
 F i and
 
 6%^ C&e Lalu oC Co^po^attonisf. 
 
 and Underwood'' s Cafe, Cro. Jac. 49^. Error of a 
 Judgment in Leicefler in y^jfum^fity becaufe in the 
 Stile of the Court it doth not appear by what Au- 
 thority the Court was held, whether by Cullom, 
 or by Virtue of Letters Patents from the King. Ef 
 j>er Cur. the Juri(dl6lion ought to be (hewed. 
 
 In a Writ of Error upon a Judgment given in an 
 Inferior Court, if the Stile of the Court be enter'd 
 in this manner. Coram y. S. Majore d^ les Bur- 
 gejjes Burgi pr^edtct. and faith not, fecundum Con- 
 Juetudinem ViUoi fradici. This is Erroneous, for 
 it ought to appear to the Court where the Record 
 is removed by Writ of Error, That they had Pow- 
 er to hold Plea either by Prefcription or Charter, 
 Bowman and Hickjon's Cafe, i Rcls j^j^. 
 
 Entring of Plaints and Appearance. 
 
 'O Judgment ought to be given againft the 
 Defendant in a Perfonal A^ion before Ap- 
 pearance ; for before that time he may not make 
 default, otherwife it is in real Actions. 
 
 The Entry in Replevin in the Court of Wtndfor 
 ('being a Three Weeks Court^ was the 7 th of May 
 and the Plaintiff afterwards did declare of taking the 
 Cattel the x5th of May. Per Cur. it is Error, be- 
 cause no Plaint can be enter'd but at a Court, and 
 this Entry of the Plaint was mefne between the 
 Court- day, and fo the Declaration is not warranted, 
 no Cuftom being alledged to maintain fuch an Entry. 
 Codb. z66. I Rols Rep. 238. 
 
 Writ ot Error was brought upon a Judgment 
 given in Leicefter in Debt.It was afligned for Error, 
 becaufe in that Suit there was not any Plaint ; for 
 in all Inferior Courts the Plaint is as the Original at 
 the Common Law, and without that no Procefs can 
 ififue •, and here upon this Record nothing is cntred • 
 but only that the Defendant Summcnttus ftitt^ ^c. 
 and thefiril Entry ought to be AM.qmr.vnjsC. &c. 
 
 Per 
 
 N
 
 Cbe lauj of Co^iui^atton^* 69 
 
 Per Cur. a Plaint ought to be entred before a Procefs 
 ilTue forth ; and this Summons which is entred here 
 is not any Plaint. Judgment was reverfed. I Leorii 
 501. Sa'vage and Knight. 
 
 The Mayor and BurgefTesof Derlfy brought their 
 Adion as Mayor and Bayliffs of the Town of 
 Derby y ^ ejufdem Burgenfes Villa : This is no 
 fuch mifnoraer as to abate the Writ ; for it is all one 
 in Subftance. Cck. Entr. ^^i. Vide fupra Jurifd. 
 
 The Court of Pie-Fowders. 
 
 PRoperly a Court of Pie- Powders Is for Fairs 
 and Markets, and for Caufes arifing within 
 tairs and Markets, and not for any other. But pr 
 Cur' a Court of Pie- Powders is fb termed for the 
 /peed thereof, and may be by Cuftom in Villages g p a 
 or Burroughs for any Caufes, as Debts upon Bond, 
 or otherwife: For they are Courts raifed by Cu- 
 ftom and Prefcrlption, and may be for any Caufes 
 done at any time, being tranfitory and perfbnaL 
 And fo they be in divers Cities, as in Brifiolj Glou- 
 cefier, Mich. 8 Jac. Rot, 146. IVhite and Hunt, 
 where fuch a Judgment in Glouce^er was affirmed 
 to be good^ Cro, Car. 45 Hodges Cafe, HiU. % i El. 
 Perd and Chambers. Such a Cuftom in Camerburji 
 And the Cafe of Goodfon and Duffield. Cro. yac. 
 ; I 5. in Rochefier in Debt upon Bond, and the 
 Record there was, Curia Dom. Regis pradt^i. pul' 
 verifati tent"* apud Civitat* Roffens coram Adajore 
 C^ duobus concivibus fecundum Confuef Civitat* a 
 tempore cujus, &c. ac fecundum jHrivileg' (^ Li- 
 bertat* &c. concejfa (^ confirmatay d^c. and it was 
 afligned for Error, that this Stilc of the Court, that 
 it is by Cuftom of the King and his Progenitors, 
 cmcejja (^ confirmata, <^c. is repugnant in it felf, 
 for the Charter determines the Prefcription. Sed 
 nDn allocatur^ for a Court being by Prefcription is 
 
 F 3 not
 
 70 C6c laiu of Co^po^n(olt0♦ 
 
 Court by Pre- not taken away by the Granrs and Confirmations 
 fcription rot ^f Kings ; but they may u(e their Charters as Con- 
 taken away by j^fj„^(jfjp,5 q^ ^g Grants, or may claim thofe Liber- 
 
 rhe King sLon- . , r^ /> . . • i a a- i \ ^t 
 
 firmation ^'^^ ^Y Prt^'cnption, notwjthltandmg luch Charters. 
 
 Another Error afTigncd ore tenus^ was, That the 
 Court beine (as it is in the Stile of the Court) coram 
 Ma»cre ^ dttohHi C^nctvtbus, the l^emre Facias is 
 made returnable coram J . S. Majore vel Deputato 
 meo d^ coram Justus Concivibui at fuch an Hour, 
 which is not good : For it doth not appear that ei- 
 ther by Cuftom or Charter, the Miiyor might make 
 a Deputy, or that Proccfs fhould be returnable bc- 
 Jore a Deputy ; and therefore the Venire Facias is 
 mliawarded, and not aided by the Stat, o^ Jeofaylty 
 and the Court inclined to that Opinion, The Court 
 being ftiled a Court of Pie-Powders (which is a 
 Court incident to Fairs and Markets, and for Cau- 
 fes only arifing wichin them) (hali not be intendtd 
 a Court, unlels it be fliewn to be held by Charter or 
 Prefer iption. Cro. Car. 46. 
 
 0/ Bail in Inferior Corporations and 
 Franchifes. 
 
 o 
 
 J N E was arrefled by Precept of the BailifF of 
 a Franchifc, and the Bailiff put the Party to 
 Bail to give ^^^'^ ^or his Appearance j and at the day, the Party 
 Appearance. arrefted was demanded and made default j and Jadg- 
 ment was prefently given againft him. Quia defalk 
 tarn fecit. Quare, U giv^ing Bail to Appearance 
 (hall be taken for an Appearance P And admitting 
 that it be, then Judgment ought to be entred by 
 Nihil df at, and not per Defalt am fecit. Sid.p.-^z. 
 Burq-es and T teres. 
 
 fir 
 
 Th€
 
 C6e latu of Co^poiatioitief. yt 
 
 The Serjeant fin London) upon tender of Bail is Tender of Baii. 
 not bound to let the Party at large_, unlefs the She- 
 riff ftnd a Warrant teftifying this to him. f^iJe fup, 
 Percivall and Samon\ Cafe. 
 
 Scire Facias againft the Defendant as Bail for 
 one L. in an A^ion brought in Lynt It was a 
 Debt for 70 /. Captas iflued out againft Z,. dire<fted 
 to the Serjeant of the Mace there, who returned 
 Cepi Corpus f and that the faid L. jecundum Confue^ 
 tudmem Vtllds pradiB. invenit ei fecuritateWi viz, 
 one H. (who is dead llnce) and the Defendant ad 
 comparend. and if he were condemned to latisfie the 
 Debt or render himfelf to Prifbn, and it was fo far 
 proceeded in the faid Court, that Judgment was 
 given for the Defendant ; and thereupon a Wric 
 of Error brought and Judgment reverfed. Per Cur, 
 this Bail found before the Serjeant, though it be 
 all edged to be Jecundum confuetudinem Villas is not Bail found hel 
 good : For the Bail, being Matter of Record, can- fore a Scrjeswf, 
 not be found before any but the Judge of the Court; 
 but the Bail for Appearance only may be taken by 
 the Serjeant; and for this Caufe the Bail is not 
 chargeable. Cro, Jac. 94. 
 
 Vide infra SeB. fubfet^uent. 
 Fidefupra Cap. 2. as to Bail in London, 
 
 ^ 4 CA E
 
 7i Ef)c LaU) of Cojpo^atiOiiS. 
 
 CAP. VI. 
 
 Of removing Caufes, and Habciu 
 Corpus, 
 
 On a Procedendo if the Bail on rcmavding the Re- 
 cord be dtfmiJJ'ed. Upon removal by Habeas 
 Corpus or Triviledge. Bail is retfuirable of what 
 ■nature foever the Aciion be. Where Bail to b<; 
 entred. Of Caveat for good Bail, and of Ex- 
 ception] to Bail. Habeas Corpus when return- 
 able. Of Bail de bene effe. When and withm 
 in what time a Procedendo to be granted. Upon 
 removal of a Caufe by Habeas Corpus, where 
 the A^ion to be Laid. No Writ to remove a 
 Suit commenced in an inferior Court to be cbeyed 
 unlefs it be delivered to the Steward, &c. of the 
 fame Court before IJJue or Demurrer joyned. A 
 ^ait once remanded fhall never afterwardi be 
 removed. A Suit when the thing m demand 
 exceeds not ^ 1. fliaU not be removed. The Stew- 
 ard in the inferior Court upon fueh removal of 
 Catifes to be an Utter Barrijier. The Statute 1.1 
 Jac. c. li extends to fuch ABions only where 
 '■ the caufe of Suit is properly arifing within the 
 
 Village. The courfeof the Kings- Bench m fucb 
 cafe. 
 
 Scire Facias againft the Defendant being Bail 
 in Yarmouth in Debt, for that the principal 
 did not render his Body after Judgment, nor 
 pay the Condemnation. Defendant pleads, that af- 
 ter the firil Aftion brought and Bail found^ the 
 Cau^ w^s removed by Habeas Corpus, and Bail 
 liere accepted, and afterwards the Caufe was re- 
 manded
 
 Clje latD of €ojpo?ac(onfif* ^3 
 
 tnandedbyVrocedendo^ and then Judgment given 
 againftthe Principal) and lb that the old Bail was 
 dilcharged. Fer Cur. the Bail is in this Cafe charge- 
 able : for when the Record is remanded by Procc' 
 dendotk is as if it never had been removed,and there 
 is no Record of the removal thereof. But by Brook, 
 Procedendo i g. If a Man find Bail in London up- upon a Proce- 
 on an Arreft, and the Caufe is removed by Habeas derJo if the 
 Corpus into t\\eKingi Bg»c^,and afterwards remanded Bail on the re- 
 by Procedendo, the Bail is difmiflfed and fhall never ^o^^'^g the 
 be revived. As to that the Court put this difference, ^5 ^^ ^^^' 
 If it be removed and Bail filed above, and after- 
 wards in another Term it is remanded, then it is 
 otherwife, for there the Court is pofTefs'd of the 
 Caufie, and remained fb for a Term, and a Record 
 is made thereof. But notlb, if it be remanded the 
 fame Term it is removed, for there is no Record 
 made thereof ; and fo Brook is to be intended. C^o. 
 Jac. ^63. Codner and Balby. 
 
 If the Defendant be arrefted in the Mayors 
 Court or Sheriffs Court of any City or Corporati- 
 on, and the Defendant by any Writ of Priviledge 
 or Habeas Corpus, did remove the fame out of the n,i u i 
 
 a r- • L J ^ T nail on HahtM 
 
 laid Corporation, to be tryed at Common Lawa-coro«^. 
 bove : i>lote^ Upon fuch Procefj, Bail is requirable 
 ol what nature (bever the Adion be. 
 
 Then the Bail being taken by any Judge of the Where to be 
 lame Court, muft be entred in the (ame Prothono- enfed' 
 taries Office, where the faid Writ of Priviledge or 
 Habeas Corpus ifllied and was fued out. 
 
 When a Caqfe is removed out of an inferior Court, 
 the Plaintiff or his Attorney in fuch Caufe ought 
 duly to enter their Caveats for good Bail with all 
 the Jufllces of this Court. And the Attorney for 
 the Defendant which would remove any fuch caufe_j 
 piujt give notice to the Plaintiff or his Attorney In 
 the inferior Court of the time when the Bail fhall 
 be put in, and of the names of the faid Bail, and 
 
 where
 
 74 ^6e latu of Coipoiatfotttf. 
 
 where they live, and (hall make Affidavit of fiich 
 
 notice ; and if the Plaintiff or his Attorney will not 
 
 Kxco^silon to attend to take exception to the Bail at the time of 
 
 Bail. the taking thereof, nor within fourteen days after, 
 
 then the faid Bail (hall be forthwith filed. 
 Nahas CorpM Note^ That Writs of Habeas Corpus directed to 
 when return- the inferior Courts of Londin and fVefimtnfier, 
 *^'^ SoMthwarky and other Courts within five Miles of 
 
 London^ may be returnable immediately ; and if 
 the Defendant intendeth to be bailed thereupon, or 
 v/ithin four days after allowance of the faid Writ, 
 the day of which allowance being indorfed by fuch 
 Officer as allows the fame on the back of the faid 
 Writ, notice is to be given in writing of the Names 
 and Addition of the faid Bail, the time when, and 
 the Judge before whom the fame is to be put in, to 
 the Wainriff or his Attorney, or him that caufes the 
 Plaint to be entred ; or if none can be found, then 
 notice of the Premifes to be left in writing with 
 the chief Clerk of tht inferior Court or his Depu- 
 tjf by the Party that tenders the Bail or his Attor- 
 ney and Oath made thereof, otherwiie the Bail not 
 to be taken, and a Procedendo granted, if defired, 
 before Bail accepted, that if no Bail in (uch cafe be 
 put in within eight days after the Habeas Corpus al- 
 lowed in thofe Courts, when it is returnable imme- 
 dtate^ a Procedendo may be granted by any Judge of 
 this Court (C B.) if defired, before Bail taken. 
 And if Bail be taken in the abfence of the Plain- 
 Bail de hem t'ff or his Attorney, the fame is to be taken de bene 
 ife. fjfet and if no Exception be taken within twenty 
 
 days after notice given to the Plaintiff or his At- 
 torney of the names of the Bail, and before whom 
 taken ; then upon Oath made of fuch notice, the 
 Bail to be delivered out to be filed. 
 
 NotCy That if Bail upon an Habeas Corpus be 
 taken before a Judg at his Chamber, and not ex- 
 cepted againft ; if it be not filed within four days 
 — after
 
 ^6e Lato of CTo^po^atfon^^ 7^ 
 
 after the twenty days, a "Procedendo may be granted Pmtdtnd: 
 upon a Certificate that it is not filed. All Writs 
 of tiabeat Corf us returnable in Court, are to be re* 
 turnable at a day certain. 
 
 Upon a Caufe removed by Habeas Corpus out of 
 the Courts oi Canterbury,, Southamptoti^ Hull^Litch- Upon Haheas 
 field or Tooly which are Counties where the Judges Corpus where , 
 of NtfiPrius feldom come ; if the Aftion be tran- ^^^ .^^*°" «• 
 fitory it muft be Laid in the County of Kent^ 
 Southawptonj Torky Stafford or Dorjety where the 
 Town and County lyeth. 
 
 By the Statute xi Jac. c. 15. It is ordered, 
 Thar no Writ of Habeas Cor pus y Cert tor ariy or any No Writ to rc- 
 other Writ other than Writs of Error or Attaint "«»' a Suit com- 
 fued forth from any of his Majeftys Courts oiJVefi- [JJ^^"^^^^ ^^^^^^ 
 ntinfter^ or the Courts of the grand Seflion oiWales^ ^^U ^c obeyed' 
 to ftay or remove any A6lion, Bill, Plaint, Suit, or unlefi it be dc- 
 Cauie brought commencing or depending in any livercd to the 
 Court or Courts of Record within any City,Liberty Steward.d-c of 
 or Town Corporate, which have any Jurifdiaion, [he fame Court 
 r. At. 1 ij !->! • • K n.' before IfTuc or 
 
 Power, or Authority to hold Plea m that Action, Demurer rc^. 
 
 Plaint, Suit, or caufe, the fame caufe of A6lion, joyned. 
 Plaint or Suit arifing or growing within the fame 
 Liberty, City, Town-Corporate, or Jurifdiflion, 
 (hall be received or allowed by theStewards,Judge, 
 or Judges, or Officer or Officers of the Court or 
 Courts wherein, or to whom any fuch Writ or 
 Writs fhall be dire6led and delivered, but that he 
 and they may proceed to the faid Caufe, as tho no 
 fiich Writs were fued forth or delivered to him or 
 them, except that the iaid Writ or Wrirs be de- 
 livered to the Steward, Judge or Officer of the faid 
 Court before ifl'ue or demurrer joyned in the faid 
 Caufes fo depending in fijch Court, inferior Court 
 of Record having power to hold Plea, fo as the faid 
 Jffue or Demurrer be not joyned within fix Weeks 
 next after the Arrefl or Appearance of the Defen- 
 dant or Defendants to fuch A<Sion or Suit. 
 
 If
 
 76 Cfje lalu of Co;pa^1t(on0♦ 
 
 A Sukonctrf. If any fiich Suit fhall b(: removed by any fuch 
 
 n.andfd Oull v^/^ir, if afterwards the fame Action, BiJl, Plaint, 
 
 bJvlmZr'^ Suit or Cau(b fhall be remanded by any Writ of 
 
 Proc/^fw//*; or other Writ,thit the fame Action, Suit, 
 
 Plaint fhall never afterwards be removed or flayed 
 
 before Judgment by any Writ or Wrirs whatfoever. 
 
 A Stilt when the And it was further enafted, That if in any 
 
 thing in dc- A6lion, Bill, Plaint or Suit, not concerning Free- 
 
 mand exceeds hold or Inheritance, or Title of Land, Leafe, or 
 
 nor f /. fhall i^^pf^ which ihall be conceived in any fuch Court 
 
 ncK be removed. ^^ ,,^^,^^j^ ^^ j^ ^^^ ^-^^^^ liberty, or Town Cor- 
 
 porate, orelfewhere, it it (hall appear to be laid in 
 the Declaration, that the Debt, Damages, or thing 
 demanded, doth or (hall not amount to, or exceed 
 the Sum of 5- /. That then fuch Adion, Bill, Plaint, 
 or Suit (hall not be ftayed or removed into any of 
 his Majeftys Courts of Records 2XWejimtn(ier by any 
 Writ or Writs whatfoever^ other than Writs of Er- 
 ror or Attaint : Provided that this Act fliall ex- 
 This Act fhall tend only to fuch Courts of Record in Cities, Li- 
 only expend to bcrties, Towns Corporate, orelfewhere, and for fo 
 Courts in Li- Jq^,^ jjj^^ q^} 35 there is or fhall be an Urter Bar- 
 bcrtics.cT'i:. and .^'^ ri /ij- lDT C 
 
 when the Srew- '^^"^'' °^ ^"''^^ Y^^''^ Itandmg at the bar o\ one ot 
 ard is an Utter- ^be four Inns of Court, that is or fliall be Steward, 
 barriiler. Under-fteward or Deputy- fie ward, Town Clerk, 
 
 Judge orRecorder of the fame inferior Court,or that 
 is or fhall be from time: to timeaffiftantto fuch Judg 
 or Judges of fuch inferior Courts as fliall not be 
 Utter- barriftcrs of fuch flianding as aforefaid, and 
 there pre(enr,in which fuch A<5tions, Billi Plaints and 
 Suits, are or fhall be brought commencing, depend- 
 ing, and not of Councel in any Action, Suit, or 
 Caufe then depending in the fame inferior Court, 
 This Aa fhall Provided that this AcV, or any thing therein con- 
 never extecd to rained, fhajl not extend to any A6tIon, Bill, Plaint, 
 admit any fo- Suit or Cauie, wh«rein any fuch Foreign or other 
 reign c*. p|^^ q^^H j^^ pleaded, as could not be tryed or de- 
 termined wichout the Jurifdiclion of fuch inferior 
 Courts. For
 
 Cbe matn of Co^poiation^* -jy 
 
 For the better underftanding of this Acft I fhall 
 cire a Cafe, one Claphams Cafe, Cro. Car. 79. 
 Upon an Information to the Court that an Habeas 
 Corpus being awarded to the Court of Guilford in 
 Surrey, to remove a Caufe there depending, they 
 notwithftanding proceeded. Upon examinarion it 
 appeared that the Writ was delivered after chelffue 
 joyned, (ytz,.^ per minus pleaded, and that Kfue 
 was joyned more than fix Weeks after the A<5i- 
 cn brought, {6 as by this Statute 1 1 Jac. the Judge 
 might refufe. And it was refblved by all the 
 Court, becauft it was in an A6Hon of Debt on Ob- 
 ligation of 200/. not made within the Village, 
 that the Statute doth not extend to this Cafe, for 
 that provided againftthe removing by Habeas Cor- 
 pus inch A6tions only where the caufe of Suit is 
 properly ariling within the Village. 2. For as 
 much as the proceedings were before one who was 
 Town-Clerk and Attorney of the Common Bench 
 and not an Utter-barrifter (as he ought to be by an 
 cxprefs Provifb in the Statute, and fuch Utter- bar- 
 riffer ought to be there prefent, and cannot have a 
 Deputy, but lucha one as is Utter barriflcr, and 
 prefent at the Tryal) it was refblved, that after the 
 Habeas Corpus delivered the faid Proceedings were 
 ill and not warranted by the Statute, and their 
 proceeding after an Habeas Corpus to Tryal and 
 Judgment were alfo void. Whereupon a Superfe' ■ : ., 
 
 Jeas was awarded, and the Judges of the Kings- 
 Bench agreed, that their Courfe in the Kings-Bench 
 was to diffallow proceedings in an inferior Court, 
 after an Habeas Corpus delivered, unlefs it were a 
 Caufe arifmg within the Village or Corporation, 
 
 It hath been fome Qjeflion^ when Caiifes in in- In Caufes fc- 
 ferior Courts are removed into B. R. if upon the "^"ved, where 
 new Statute there fhall be no moreCofls than Da- '^^ ^'^'"'"^f ^*" 
 mages. The Cafe was Hill 26 and 27 Car. 2. j^en Dam2gc5 
 Trefpafs in inferior Court, ad danm. 4 I 19 d. the takes place
 
 78 Cge KLalu of Cojpoiationd* 
 
 Defendant removes the Caufe into the Kin£s Bench 
 where it was tryed, and i f /. Damages was given 
 by the Jury. It was faid for the Plaintiff, that this 
 Caufe is not an origrinal Caufe in this Court, but 
 brought here by Habeas Corpust and this not with- 
 in the Statute, and that Co it had been ruled in B. 
 C. Per Cur. it (eems reafonable, it being removed 
 by the Defendant; other wife, it it were removed 
 by the Plaintiff, for then every Plaintiff might com- 
 mence trivial Anions in inferior Courts, and after 
 remove them here and defeat the Statute, fo be 
 more vexatious than before the Statute ; but he 
 would advife, Q. the Rule in 2 Lev. 1 24. Gavel 
 and Scudantore. 
 Judgment in in- ^^roT oi a Judgment in Newberry Court affign- 
 feriour Courts ed, that the Mayor, who was Judge,did not take the 
 not void, be- Sacrament and the Oath according to the StatutCi 
 caufe the Judg- ^^ q^^ ^^ by ^hj^-^ his Office was void before the 
 ^td not taken j^jg^gnr^ an^j (^ coram non judsc. and fo was the 
 opinion of the Court, B. K. in HipJIy and Tucks 
 Ca(e. Hill, a 8, 29 Car*!. But afterwards Hill 
 50 c^ 5 I Car. 2. in Denning and N orris's Cafe it 
 was adjudged Contra^ 2 Lev. 1 84. Tho the Statute 
 makes the Office void, this is as to himfelf, (6 as to 
 make him finable for intermeddling in it, but not 
 as to Strangers, who do not know whether he hath 
 taken the Oaths or not ; alfo he was Judge de faSlo^ 
 and if a Steward de faBo admits a Copyholder its 
 good. Dunning and Norris\ Ca[e was error of a 
 judgment inNeroyic^ Court a{Ilgned,that the Sheriff 
 before the Judgment was given, had not taken the 
 Oaths, nor (ijbfcribed, &c. The Defendant pleads 
 that the Oaths and Declaration were not tendred to 
 the Sheriff. Plaintiff demurs. Ro(olvcd, That this 
 is not aflignablc contrary ro the Record and Admit- 
 tance of the Parties, and they held the Tender is 
 is traverfable. 1 Lev, 24,2. 
 
 CAP-
 
 CAP. VIL 
 
 Tryal, Verdidl, Jury, Fenhvy Fid. Su" 
 pra, Ttt, Jurifdi^^ion. 
 
 Ad tunc & ibid, to what it refers. TVhere the In- 
 ^uefi jhaU he by aU Denizens and no Foreigners f 
 Stat, zji Eliz. ^ 35" H 8. of fufficiency of Ju- 
 ror s^ extends not to inferior Courts. On u furious 
 Bond, tryal to be where the Ufury it laid to be. 
 The Parijlj and Ward in London, how to be eon- 
 jidered. Venue dc viceneto civitatis, Pari[h and 
 fVard mentioned in London only. Where Tryal 
 fliall bet per Pais, or by the Mouth of the Recor- 
 der, Where, and in what Cafes tryal jliall be in 
 the County next adjoyning. From whence a Ve- 
 nire to he awarded of the Tryal concerning tht 
 Corporation. Where P. & Burgus de P. fljall be 
 intended all one. Foreign Plea and foreign FeU' 
 cher. Tryal where the Tort is, and not where 
 Contrail wasi De vicineto de Vill. and the Jurif- 
 dt^ion extends not out of the Village Where thePa" 
 rifit and Village jhall be intended all one. Where a 
 thing is alledged in a Ward, how the Tryal jhall 
 be. De vicineto dc Lyme, which extends to the 
 Neighbourhood out of the Jurifdi^ion yet good. 
 
 Action on the Cafe was brought in Redding 
 Court, the Plaintiff declares, that in con- 
 fideration that the Plantiff would carry 
 certain Meal from Redding to Londony the Defen- 
 dai>t, ad tunc d^ ibtd ajJUmpfit to pay quantum 
 meruit, the promife upon this Declaration ihall be 
 taken to be made at London^ which is the next an- 
 tecedent, and fo out of the Jurifdidlion of Rtddiug, 
 and the Judgment given ht ^eddmg was reverled. 
 zRqL Abridg. ^^^. Ac
 
 8o Cbc ILaU) of CoipoiattOHEf* 
 
 At the Nifi Prws the Bayliffs of a Village may 
 flicw a Charter, that to try Contracts, d^c. within 
 the Village, the Inquelt fhall be all of Denizens, 
 without Foreigners, and this fhall be allowed, and 
 the Foreigners fhall be oufted. 29 J^J/i I 5. 
 
 So may the Burgcfles who are put upon a Jury 
 out of the Burrough, if they have liich a Charter. 
 30 ylf I. 
 
 Statute 1 7 £/;;t. ^*'^» The Statute I7 El. c. 6. or 35 H. 8. of 
 
 & ^s U.i. 10 thelufficicncy of Jurors extend not toCities, Towns 
 
 what Jurors it Corporate, or other priviledged Places, (b that they 
 
 fhall extend, (hall be returned as they lawfully might have been. 
 
 The Vemre in ^^^^. J^ Stat. W. and M. 
 
 a Burrough. j^ inferior CoLirts within Burroughs, the Venire 
 
 Fac* is Quod Ventre Fac iz libera Burgenfes Bur- 
 gi (^ farochte tJe B. altho there may be twelve Bur- 
 gelTcs which are not Inhabitants. Rol. i. 6il. 
 
 In Debt upon a Bond in London, the Defendant 
 pleads an ufuriousContrad in ^4rw;ic^ .The Plain- 
 tiff repliej, the Bond was made upon good confide- 
 
 yenue. ration, ahfoj-^ bocj that it was made for fuch usuri- 
 
 ous Contract ; the Tryal fhall be in IVarivick, for 
 the Bond is confeffed, and the Ufury in Warwick 
 isonly in Queftion. CrC^. igy. 
 
 In JjfuMp/it laid at London in Warda de Cheapo 
 the Ventre was Parocbia de Arcuhus in Warda de 
 Cheap, whereas no Parifli before was mentioned in 
 the County. Per Cur^ the Venire was ill laid in the 
 
 f'entre. County, for a Venire Facias may be of a Town, 
 
 Parifb, Mannor, or other place known, but not of 
 an Hundred or Ward, i Cro. 16$. The Parrfh 
 in London is in lieu of a Village, and the Ward O'f 
 
 Pailfh and an Hundred. Rol.x. C. 611. 621. 7;^ Tryal. 
 
 Ward in Low- Where the Vifne is laid to be at a City, in 
 A<ftion brought in a fuperiour Court, or within 
 the City all Venire Facias's are awarded new de 
 Vicinet^ civitatisy which is intended as well de civi- 
 tate it felf, as de vmnei infra jmifdittion^ of the 
 
 dry 'i
 
 Cfje JLato of Co^po?,at(0n0* St 
 
 City; fo it is de 'vicinet^ ci'vitat' or de civitat* De vieimtceim 
 
 Coventriet JEhor* Saru, Excet. and all other Cities '^''«"'- 
 
 which are Counties in themfelves. In all Places 
 
 be/ldes London no mention is made of the Parlfh or '" Lovdon th« 
 
 Ward ; but in London the Parifh and Ward are ^f,''J^ *"*^ 
 
 ... t ' ■ J- J J /-. Waid are men- 
 
 mentioned, thererore It was adjudged, i.Cro. I^o^tjoncd but ih 
 
 That it was not good to allcdge any thing done in no other PJ»c«#. 
 
 London generally. 
 
 In Action on the Cafe for words fuppofed to be 
 fpoken at BriJgnorth in the County of Salop. 
 Defendant pleads that he fpoke them as a Witnefs 
 upon his Oath, upon an Illbe tryed at Cbard in the 
 County of Sotnerfet. Plaintiff replies, De fori 
 tort dewefn. and thereupon it was tryed by a Ve- 
 nire Facias at Bridgnorth^ and Error was afli^ned^ 
 becaufeit ought to have been by a Vifne o^Chardj 
 where thcjuftification arofe, and it was held clearly 
 to bea miPtryal,and not aided by the Statute of yed- 
 f ails J and the Judgment was reverfed. 9 Cro. 46 8-- 
 161, 870. Aiore 41 o. 
 
 So is tlie Cafe of words fpoken in Warwich^nrBf 
 Thou art a Thief, and haft flolen my Iron. The 
 Defendant juftifics and Tuth, The Plaintiff flole 
 Iron in LeicefierPiirCy and brought it into Warivick- 
 fjire, and therefore he fpoke the words in War-wick- 
 fijtre : If the Plaintiff replies, de injuria fua pro- 
 pria ab[ej\ tali caufa^ the Jury fhall come from 
 Leicefierjhire, to which the alfjej'^ Tal. caufa refers,; 
 for the words are acknowledged, a RcL Abridge. 
 598,613. _ 
 
 In Trefpafs in B. C. for taking away a Bag of 
 Pepper. The Defendant juflifitd as Servant to rh« 
 Mayor and Commonalty of London, for Wharfage 
 due to them by the Cuftom of London, which rhs 
 Plaintiff refu/cd to pay ; the Piaintiff replyed trjac 
 ^he Cuflom did nor extend to him, bccaufe he w^s a 
 Freeman of the City, and ought not to pay Whar- 
 hg^ 5 to which t>-e Defendant rejoyned, that rh»
 
 8x 
 
 Trial fer Pan. 
 per the Mouth 
 ol the Recorder. 
 
 T'tal in the 
 County r;(.xc 
 actjoyniiig. 
 
 From wiicncc a 
 yemre to be a 
 awarded, if the 
 Tryal concern 
 the Corporati- 
 on, 
 
 €f)c Lntu of Cor;o?atfon0* 
 
 Cuftom extended to hlni aS well as to Strangers i up- 
 on which Iffue was joyncd. And, 
 
 1, Refblved, That the I flue fhould be tryeJ, per 
 Pais, and not by tlie Vlouthof the Recorder, 
 btcaule he certified nothing but what the 
 Mayor and Aldermen dlre(5t, who are con- 
 cerntd in the Caufe. 
 
 2. That the Fenire fhould not be awarded to the 
 Sheriffs of London nor Mtddlefex^ becaufe the 
 Tryal there are by Freemen, but it fball be to 
 the County next adjoyning, viz,, to the She- 
 riff of 5«rre/. So where any City is concer- 
 ned, the Vcmrf FaciM fhall not b-.- dirc6lcd to 
 Officers of the City, but to the County next 
 adjoyr.ing. Hoh.^^. Stiles i^y. Merely i. 
 I s Ed. 4 I 8. 
 
 Note-t It was adjudged Error in an inferior Court 
 that the Venire Facias was awarded fecundum 
 confuetud. curiae, which ought to be per Cur. 
 Read verf. Moor. M. i65'o. B.R. 
 
 If it be ailedgcd that the Mayor, Bayliffs, and 
 Citizens of Ibr^, until the I R. i. que anffo, they 
 were incorporated by the name of Mayor, Sheriffs 
 and Citizens, u/i fuere, foreign bought and foreign 
 ioldf&c. And this prescription is traverfed : The Ve- 
 nire fliall be awarded to the Sheriff of the County of 
 Tcrkf de vicineto Cajir^ Ebor"* quod fuit proxime 
 cdjacm civitat* Ehorn* for that the Sheriffs and 
 Corone] s of the City were Citizens. I 
 597. Dier xj^. fb is 3 i Jjfiz,e 17 
 concern the Mayor and Commonalty 
 the Array (liall be all of Forreigners. 
 
 In trefpafs of Grafs cut in the County of the City 
 of Coventry, and the Iffue between them was, whe- 
 ther the Mayor and Commonalty diffcifed the 
 Defendant or not ; the Venire (hall be awarded to 
 the Sheriff of IVarwickpire to make the Pannel. 
 IS Ed. A, iS, 
 
 If 
 
 Rol. Abridg, 
 
 if the iffue 
 
 gf a Town,
 
 Cfjc lain of €o2Po?ationj5. 8j 
 
 If a thing is alledged to be made apud Burgum 
 Je Plymouth, yet the Feiiue comes from Plymoucb 
 generajly, although the Village oi Plymouth extends 
 further or narrower than the Burrough j for this h 
 an antient Burrough,as the Defendant hath alledged 
 in his Plea,but they fhall be intended to be all one. 
 iRol. Abridg. 6^1. 
 
 Jay brought an A6lion of Debt before the May- 
 or of Shrewshurjy d^c. and declared upon a Bond, 
 on Condition to pay Money at London, and ilTue 
 there was joyncd upon the payment. And it was 
 moved how this J flue fhall be tryed, viz. if it may 
 be removed by Certiorari into the Chancery^ and 
 thence by Mittimui into the Common-Picas^ and 
 from thence fcnt into London robe tryed ; and when 
 it is tryed, to be remanded back to Shrewsbury to 
 have Judgment. Per Cur. in real Actions it may 
 be fo, but otherwise in pergonal ; for fuch Actions 
 may be faid cHewhere* A foreign Plea pleaded in 
 London goes to the JurifHiAion, but upon a foreign Foreign Pica. 
 Voucher in a Plea real, the Plea fhall be removed 
 in Bank to try the Warranty, and afterwards fhall 
 be remanded, i Lev. />. 37. J^f^ Cafe. 
 
 In Actions on the Cafe, whereas the Plaintiff leni 
 to the Defendant a Gelding to ride from Londin to 
 Exeter, and there to deliver hira fafe to the Plaintiff., 
 that the Defendant intending to deceive (he Plain- 
 tiff, rode upon the faid Gedling from Lciuhn to 
 Oxon^ and Ifom Oxon to London, and by that ri- 
 ding he lb abufed the Horfe that he became of little TryaJ mhcrs 
 value, and refufeth to deliver him, tho required at ^'^« Tor: is ^n& 
 Oxon. Defendant on not Guilty, was found Guilty. "^^ ^'^f"^^ f^* 
 Per Cur. the Tryal, de vicineto of Exo'ii. 13 well .j'^'"*''' "*'** 
 enough, bccaufe the Tort is to be fbppofc-d to be 
 done there, and not at London^ tho the Contract 
 was at London. Cro. Car. lo. White and Pvifden, 
 
 Error of a judgment in Neivberry. The Error 
 afligned was, that in Affarip/it there the Defendant
 
 84 Cbc Lato of Co?po2>ii(oni5. 
 
 pleaded non Affumpfit^ yet the f^ettbe Facias was 
 
 de Vtcmeto de biewbtrryy where it ought to have 
 
 been de Nevberrj^ for they have not any Jirrifdicll^ 
 
 De virinito de on out of Newberry^ 8 H. 5". i. But the Venire 
 
 yiU. and the Facias is held good both ways, and tho the Corpo- 
 
 Jurifditiion ex- ration do not extend their Turifdid^ion out of the 
 tends not out of »r.,, , „ . _ -' , • j j J 
 
 the Village Village, yet the Venire Facias being awarded de 
 
 Vtantto de Newberry-, chofe of the Town may 
 
 well be returned, and Judgment was affirmed. Crd. 
 
 The Mayor and Burgefles of LiskarrelU in Cortt. 
 ^c. were feized in Fee of three Water- mills in 
 Liskarrelly praJ. and prelcribed tor them their 
 Tenants and Farmers to have had a Watcrcourfe 
 running from a place called Hedtrhridge'in Varcch. 
 de L. frad. ufjj the faid Mills. They demifcd the 
 Mills to the Plaintiff,and that the Defendant apud L. 
 prad.hcvfjeenHeder bridge upon the faidsO'candthe 
 faid Mills digged aTrench,and found pro Quer. Mo- 
 ved in Arreft, that the Venue was from the Village 
 of L. where it ought to have been from the Parifli 
 
 Wiicre the Fa- of L. fed non allocatur^ for the Parifh of Z.. and the 
 
 rini andViJlage Village of L. fliall be intended all one. Cro. Jae. 
 
 Ihall be intend- ^r C rrr ti/- a ir r 
 
 ^,\^^\ ^ 269. btr yV. Wrey auQ VeJ per. 
 
 In Trefpafs and falfe Imprifonment at Brijioly if 
 the Defendant juftlfy, for that time out of Memory, 
 C^c. there hath been a Court of Record at Brifiol 
 every Mondy before the Mayor, C^c. according to 
 the Cuftom and Liberties of the City, and that ac- 
 cording to the Cuftom y. S» levies a Plaint there 
 againft the Plaintiff, upon which the Defendant 
 being Serjeant there was commanded to arrell him, 
 upon which the Plaintiff takes Iflue that jF. S. did 
 not levy luch Plaint Prcut. ThisoUi2,ht to be tryed 
 Tria] per Pais, per Pais and not by the Records for that matter of 
 and Dot by Record is mixed with matter of Fail, -v/s:,. whether 
 ^'^^^^^'' °^ ^^' the Court was held, and the Plaint levyed according 
 to the Cuftom of the City, which is a matter of 
 
 Faa,
 
 Cbe LaU) of Co^pojatfon^* ^s 
 
 Fa6i iryable jjer Paist and the levying of a Plaint is 
 like fuing out of an Original, which is not of Re- 
 cord until the return of it into Court. Hoh. Peter 
 and Stafford. 
 
 At5Hon of Debt brought in Norwich upon Obli- 
 gation made \p.Parochta S.Petri in Wardade Man- 
 croft in Norwich, and the Defendant alledgeth the 
 Cuftom of Norwich to be to give the true Debt to 
 the Plaintiff, although it be upon Bond, and for 
 this he prays it may be enquired de vera debit». 
 This may be tryed de cor fore Comitatus deNorwich, 
 for that tne Obligation 43 not in Queftion, but the 
 Debt. ^ Rol. Ahridg.6i'j. Parmer and MeUbourn. 
 
 If a thing be alledged in a Ward in the City of Where a thing 
 
 Brifiol, the ^enue (hall not be de civitate but de '« aile^gcd in a 
 T., 1 Ward, the tryal 
 
 War da. ft 11 be de 
 
 If a thing be alledged afud Plymouth^ in the old ifr^rda, and 
 Town Ward, the Venue (hall be de Plymouth ge- ^^^ 4g Vitimtf. 
 nerally ; this is good, tho in a Writ of Error upon 
 luch Judgment in the Burrough Court it was a- 
 warded, that there are three other Wards in the Bur- 
 rough. 2 Rol. jihridg. 671. Buckbam and Lepper. 
 
 If Iffue be upon a thing done in civitate Coven- Dt ricinete «= 
 trie, orfuch other City, the Vifne de vicineto ci- vitatii, 
 vitatis is good j for this doth not exclude the City, 
 for this is a County of it felf, and may extend into 
 many Villages, id. ibid. 
 
 If an Adion be laid In Lyme by the Cuftom there, 
 and Ifllie be there to be tryed, a Venire de vicineto De P^icimto. 
 de Lyme Is good, tho it was objeiled that this ex- 
 tends to the Neighbourhood, which is out of the 
 Jurifdi£lion of the Court, for this is the common 
 courfe in all fuch inferior Courts in England, x RoL 
 Abridg. 62 J. 
 
 Trover and Converfion for Money in the County 
 of Ejj'exy and a Tryal at Bar appointed, the Recor- 
 der of London moved that the Caule might be try- 
 ed in Londvn, becaufe it concerned the Office of a 
 G 3 Jud^e*
 
 86: C()c tm of €o?po?aUon3. 
 
 Judges place in the Sheriffs Court in Londov^ and 
 infiltid it appeared by Affidavits in this Caufe, for 
 changing the Venue, that the matter in Qjcftion 
 aro(e v/ithin,and theCity and concerned in xi^Sednm 
 alloc. I . Becaufe it doth not appear to the Court up- 
 on Record, that the Caufe of A<^tionaro(e within the 
 City, and AfTiJavlcs arc not fufficienc, being out of 
 the Plf-adings. i, Becaufe this Prayer comes too 
 late, being aiter IfTue joyncd. ^. Becaufe it appears 
 by the fame AfTidavits that the City it felf is con- 
 cerned, and that it is againft reafbn that they fhould 
 t:y their own Caufe, but in an adjacent County. 
 Hard. 117. Fro^/'^r and Philips. 
 
 In Eje6tment by Leflee of a College, if the Jury 
 find a Ipecial VerdI6t in this manner, vtz. that the 
 College let this to yl. upon condition, and find a 
 rpecial matter in Law, whether the Condition be 
 broken, and that the College fuppofing the Conditi- 
 on broken by their BaylifF, enter and let this to the 
 Plaintiff, this is not a good fpecial Verdi61:, without 
 finding of the Command given by the College to 
 the BayliflF to enter to be made by Deed, for other- 
 wife it is not good. 2 Rol. Abridg. 700. Du?nper 
 and Siws. 
 , If a Judgment be given by Nihil dicit, in infe- 
 
 iw^'JL.*^ I'Jor Courts^ and the Record is returned, that the 
 Writ of enquiry of Damages wa3/>er Sacramentum 
 froborum d^ legaimWj omitting {hominum) this ig 
 erroneoua. 
 
 Damages. 
 
 CAP.
 
 €;&e tm of Co?po2at(on0. 87 
 
 CAP. VIII. 
 Judgment. Error. 
 
 Certiorari not to he aivarded to an inferior Court ^ to 
 certifie that 'which the Record ^ould ccrttfie. 
 j^mendment. What Judgment (haU be given in 
 a Writ of Error. The Entry of the Judgment^ 
 hoiv to be. Error in FaH. Error in entring up 
 the Judgment in inferior Court. Where, and tn 
 what cafes Appearance aids the putting in the De- 
 claration before Appearance ^ and tn what Cafes 
 not. Suit on a Bill before time of Payment is 
 Error. Action of Dower by way of Plaint in infe" 
 rior Court y by the Cufiom of the Court is Error. Er- 
 ror in thefltle of the Court. Plaint and Declaration 
 'vary. Writ of Enejuiry of Damages to be retur' 
 nable in Court, and not inquiry by Bayliff. Error 
 for faying per Ballivos, and ribt Ballivos & Mi- 
 niftr' e julclem Curis. Iffue tryed the fame Ccurt 
 the Venire Facias /"/ returnable is Error. Venire 
 Facias how to be awarded. Procejs to a Serge- 
 ant at Mace, not naming his Name good enough. 
 It muft appear from what Place the Venire comes, 
 elfe its Error. Stat, ij Ellz. cap. 6. extends on- 
 ly to the Courts at Weftminfler. The Record in 
 Error comes to be certified in the Names of the 
 Judges cf the Court. Reco'very in inferior 
 Courts how to be pleaded. Stewards in inferior 
 Courts how to make their Certificates, The Court 
 is held by Letters Patents, and the Frccefs is a- 
 warded, fecundum confuetudinem Curize, its 
 Error. If Plaint be not entred before Procejs 
 fued out, it is Error. Court held die dominico, 
 and ajfigned at the Bar for Error , it was tryed 
 by the Almanack. A Prefident of a Writ of 
 G 4 Error
 
 S8 t5:&e LnU) of Corpojatiou^J. 
 
 Error of a '^fudgtKcnt tn Korwich. The Stilt 
 and Titles of rfioji of the Ccrprattom m Eng- 
 land. 
 
 ERROR of a Judgment in the Court of 
 Darby in Debt on Bond, and on non e(i 
 fadtim^ found aga'nft the Dcfendmt. The 
 Ju'dgment entred wasi^ujd Capiatur^ but the Judg- 
 inent certified was iileo in rmfericordia Captatur^ and 
 this was afligned for Error. It was moved that thefe 
 wordj (in wt/ericordta) we're ftruck o.it by a Line 
 under it, and to inform the Court a Certiorari was 
 aWardtdj which certified the words {mifertc rdia) 
 were not in the Judgment, but only a Capiat ur. 
 But the Court would not allow thereof, and laid a 
 Certiorari fliould not be awarded to an inferior 
 Court to certihe that which the Record fhould ccr- 
 itifie; wherefore not having regard to the Certw- 
 rarij and the Line underneath is no defacing or 
 drawing them out^ and the Capiatur was witii ano- 
 ther hand, it was therefore reverfed^ and fiich a Re- 
 cord out o'i Nor-wicb was fliewed, where the PJea 
 was in Trefpafj upon the Cafe, and all the Proceed- 
 ings were Trefpafs, btcauie it is not warranted by 
 the Plaint, iho the Steward was prefent, and iliewed 
 his Book of Entry of Plaints that it was a Mifprifion, 
 h might not be amended, but was revcrled. Cro. 
 Jac. 5*41. Drajcott and Heaton. 
 
 It was a doubt in Peachy and Poflers Cafe, if a 
 Man recover in inferior Court of Record, Debt, or 
 Damages, and after remove the Record into the 
 Kwgi-Bench by Certiorari^ whether the Court of 
 Kmgi-Bench be bound in this cafe to grant execution 
 Upon this Judgment, i Kol. Abridg. 887. k^iJe 
 f(fea. 
 
 The Court where the Writ of Error is brought 
 ought to gii^e the fame Judgment as the Judges of 
 infiprior Courf ought to have done if they had no; 
 
 erred \
 
 C!)E lalD of Co^pa^atfons* 89 
 
 erred ; as if the firft Writ be abated by Judgment, 
 if It be reverfed in this Writ of Error, the Judg- 
 ment fhall be ^i4od Defendens refpondeaty ther^ 
 where the Writ of Error is brought, tor fo the inferi- 
 or Court ought to have done i fo If Judgment be 
 upon an ill Writ, and Error brought, and the Writ 
 abates, all (hall be reverfed: So where the Deman- 
 dant is barred by Judgment, if in Error it fliall bij 
 adjudged no bar, Judgment (hall be, that the De- 
 mandant (hall recover Seifin of the Land ; for fb 
 the inferior Court ought to have done, i Rol, 
 Abridg. 805-. 
 
 In an A6tion on the Cafe for words, if a Verdi(5l 
 be given for the PlaintlfT in an inferior Court, and 
 after Judgment is given againft the PlaintifF upon 
 the Declaration cjuod pil capiat per hiUam., and af- 
 ter the PlaintifF brought a Writ of Error, where the 
 faid Judgnr.ent is reverfed for an Error in the Entry 
 of the Judgment [viz,.) concejjum efi for ci-nfidera" 
 turn eft quod Quer. ml captat per billam. It upon 
 the Declaration and Proceedings the inferior Court 
 ought tohavegiven Judgment againft the PlaintifF, 
 if the Declaration be not good, the Court ought to 
 give Judgment againft the Plaintiff, i Rof. ^bridg. 
 He ^. Delamore and Hoskins. 
 
 Judgment in inferior Court ought to be iJeo ccn- 
 fideratumefi per Curiam. In B. C. it is good, tho 
 {per Curiatn ) be omxtttd. Sid. i^-^. 
 
 Ctrciorari was direifted to the Mayor and Jurats cinque-Ports to 
 and Commonalty of Wtnchelfeay to remove orders return breve 
 by them made againft the proprietors of Lands, pro Dam. Reg. non 
 
 relevamine Coporatioms : they return that time out '^"'^'^' A l** 
 • r«4 L L L r • TrMi rcmova Orders, 
 
 or Memory, there have been hve antient Villages, 
 
 viz,. Hajiirgiy Dover ^ Sandiifich, New-Romnej, 
 and Hethe called Cint^ue-Ports, and that time out of 
 Mind Rie and fi^inchelfea have been Members there- 
 of, and that time out of Mind, brevia Dcm. Rtg, 
 ficc. »«3 citrrttnt mc cuxrcre deke^t feu confueye' 
 ■ •• . . . ; fuus
 
 TO an 
 
 Court. 
 
 93 Cf)e laiu of Co^poiationif. 
 
 runt niji^ only of matters touching the Perfon of 
 the K-ing, Felony, or Appeals ; and this Return 
 was adjudged infutHcienc ; for this Court is to fee 
 that the Subje^ls are not to be injured in their Eftates 
 as well as in rhcir Pcrfbn, x Cro. BrowrCs Cafe, 
 And by the!e Orders they impofe Levies upon the 
 Eftates of Tenants, and if thefe fhould not be ex- 
 aminable they would be equal to the Parliament, 
 and the Return was not pofitlve, but under a C«w, 
 &:c. by way of recital of their Priviledges, the 
 Return was quafht. 1 Lev. 86. 
 
 No prohibition ^Jj'uwpfit in Wnidfor Court for Meat,Drink, (^c. 
 
 after Judgment at Maydtnhead, infra Jurf/dtSi^ Cur^ and upon 
 interior y.cn yijj'umpfity Evidence given of the Meat, Drinlc 
 and Proniife, afud Henly <]ua efi extra Jurtfdiciio- 
 vem, for which the Defendant offered to Demur 
 upon the Evidence, but the Steward would not ad- 
 mit ir, and upon this a Verdl<Sl and Judgment for the 
 Plaintiff, and a Prohibition was prayed, but denied 
 after Judgment given there, i Lev. a 30. Jackfon 
 and Neal. Q^ in this Cafe, for there is no other 
 Remedy. 
 
 Error. 
 
 N a Writ of Error upon a Judgment in an infe- 
 rior Court ; if the ftileof the Court wasC«r;<« 
 EriprinFaQ. tenta coram J. S. Senefchallo Curia j &cc- a Tem- 
 forcy &c. An Error may be afligncd that J. S. 
 was not Steward at the time of the Court held^ 8 
 Car. I. B.R. Hall and Ntcholls. This is Error 
 in Faft. 
 
 But in fuch Ca(e^ If the Error be afligned that 
 y. S. had not any Authority to hold Court, this 
 is not well afligned ; for this is uncertain, and mat- 
 ter in Law perad venture, and not matter in Fad: to 
 be frycd per Pais. 
 
 In Aftion upon the Cafe on a Promlfe In the Bur- 
 rough Court of Eeudlj in the County of /^Vc' 
 
 if 
 
 r
 
 <^Jit LaU3 of Coipoiattottj?* 9 1 
 
 if the Plaintiff declare there, that the Defendant^t 
 Beudly within the Jurildidlion of the Court, in con- 
 fiderationof 20 J. given to him by the Plaintiff, 
 affumed to pay <^ I. to the Plaintiff, if he at any time 
 after fold any woollen Cloth at any Fair held with- 
 in the Burrough of Walfall, within the Juri!di61:ion 
 ofthefaid Courts, and avers, that the Defendant 
 afterwards (bid at a Fair held at Walfall aforelaidj 
 within the Jurifdi6lion of the Court, woollen 
 Cloth. The Defendant pleads^ that he did not fell 
 the faid woollen Cloth at Walfall aforefaidiWo^o (^ 
 forma^ upon which Iffue is taken, and this tryed at 
 Beudly by a f^enire Facias de Burgo de Beudley^ 
 and a Verdiil and Judgment there for the Plaintiff, 
 The Defendant in a Writ of Error may aflign for 
 Error, that PFalfljall eft- in Ccjvmitatu Staffs and 
 out of the Liberty of the (aid Burrough of Beudly', 
 for it U matter of Fad. M 1 1 Car. i . B. R, ad- 
 judged in a Writ of Error, and Lea and Ceeley, 
 The Defendant in the Writ of Error being award- 
 ed, made Default, which is in Law as much as if 
 he had pleaded in nuSo eft erratum^ which acknow- 
 ledgeth the Fact a(figned for Error to be true. 
 
 !f a Judgment be entred in an inferior Court held Error in en- 
 before the Steward, ideo confideratum eft j>er Se- ^""g the Judg- 
 ftefchallum e^uod (jmrms recuperet^ this is good ; for '"'"^' 
 this is all one as if it had been, Ideo confideratum eft 
 per Curiam, adjudged in a Writ of Error out of 
 jilcefier Court, between Streeth and Parker. See 
 Mill and Maweys*i Cafe upon a Judgment in Ex- 
 etery which was, Ideo confideratt^m ejl ad eandem 
 Curiam per le Mayor and Burgeffes (which were 
 the Judges) quod ejuer^ recuperet, and doth not fay 
 per Curiam. But if it be ideo confideratum eft, and 
 faith not per Curiam, nor per Senefchallum^ this is 
 erroneous. I Rol. Ahridg. 'jyi. Man und .^x, and 
 between Cook and hen'ts-^ upon a Judgment in 
 Wenlock. 
 
 If
 
 9^ Cfic Lato of Co^po^atfoitsf. 
 
 If a Judgment be gi^en in an inferior Court a* 
 gainft /i. and after another Judgment is given a- 
 gainft ^. his Pledg there, and B. upon this is taken 
 in Execution upon the Judgment, and after the 
 principal Judgment is reverfed in a Writ of Error, 
 a fpecial Writ may be awarded to deliver him, for 
 that by the Record it appeareth that he was Pledge. 
 I H.J. 12. b. 
 ^, . If a Man be fummoned to appear in an inferior 
 
 rancc licj. Court, and the Defendant appeareth nor, and not- 
 wirhllanding the Plaintiff puts in his Declaration, 
 and declares againft him, and after the Defendant 
 appears and after makes default, by which Judg- 
 ment is given againft him by Default, the Appea- 
 rance hath aided the putting in the Declaration be- 
 fore Appearance ; and fb it is not erroneous. Harris 
 ^nd Goodale upon a Writ of Error on a Judgment 
 in Ipfwtcbj and the Judgment affirmed. But 
 
 If in Trefpafs of AlFault and Battery in an Infe- 
 rior Court, if there be a Plaint entred, and a De- 
 And where net. claration before any Appearance of the Defendant, 
 and after the Defendant appears without Procefs,and 
 pleads to Iflue, and this is found for the Plaintiff, 
 and Judgment accordingly j this is erroneous, not 
 aided by the Appearance or Pleading, in as much 
 as there was a Declaration againft no Perfon, the 
 Defendant not then being in Court, i Rol.Abrtdg, 
 780. Brown and Cla^g. 
 
 If A61:ion be brought in Inferior Court againft 
 y, S. if the Plaintiff declares againft him in Cufio- 
 dta of the Sergeant and Minifter of the Court, and 
 it does not appear that the Sergeant had any Pro- 
 cefs or Precept to arreft him, and the Defendant ap- 
 pears and Demurs for this Caufe upon the Declara- 
 tion, and upon this Judgment is given againft the 
 Defendant, this is erroneous ; for he upon Appea- 
 rance pleads this matter. Lawi and Doddfworth in 
 a Writ of Error upon a Judgment in Xof^j and the 
 Judgment reverfed accordingly. In
 
 ^be tlato of CojpojationsJ* ^y 
 
 In A6lion of Debt In Inferior Court upon a Bill Debt on a Bill 
 obligatory, if the Plea be cntred before the Debt ^^^^^^ ^'^^ *f 
 becomes due by the Bill, before the time of Pay- P^^T^^^"^' 
 ment, and the Defendant pleads to IfTue, and this 
 is found for the Plaintiff, and Judgment given ac- 
 cordingly, yet this is Error. M. it Car. i. B. R, 
 Holden and Collet. In a Writ of Error upon a 
 Judgment in 'Nottingham. 
 
 If an A<^ion of Dower by way of Plaint, and 
 not Writ be brought in any Inferior Courr, by the 
 Cuftom ofrhe Court, and the Plaintitf upon this 
 recover by Judgment, this is erroneous ; for that it 
 isagainft the Statute of A/4r^«<f C^<»r^^ to fue by 
 Plaint in a real Adlion. i Rol. Abridg. 795. 
 
 In a Writ of Error upon a Judgment given in Stjle of the 
 Inferior Court, if the ftile of the Court be entred in Gourr, 
 this manner, Coram J. S. Majore df les Burgef- 
 Jes burgi ^rad* and faith not fecundum csn/uetud' 
 'villa prdd' this is erroneous ; for it ought to ap* 
 pear to the Court where the Record is removed by 
 Writ of Error, that they had power to hold Plea, 
 either by Prefcription or Letters Patents of the 
 King. Bowman and Hick/on, 1 Kol, Abridg, 
 
 If the Plaint in an Inferior Court be in placito plaint and D«* 
 TranfgreJJionis fuper cafum, and the Declaration is cUration rar/. 
 in placito debit i, and Judgment or Error given up- 
 on this for the Plaintiff, this is erroneous, and fuch 
 Judgment given in St. Albans Court was reverfed 
 accordingly, id. ibid. If a Man declare in an In- 
 ferior Court in Adion againft J-S. in cufiodia de 
 J. S. Sergeant and Minifler of the Court; this vt 
 not good without an Averrment, that he took him 
 in his Cuftody by force of the Precept or Procefs of 
 the Court, or luch like. Tr, 1649. La-Ws and 
 Doddfworth. 
 
 If the Judgment be given on nihil dicil in Infe- Wm ofEnqv;;- 
 rior Court, held before the Steward by Letters Pa- ^Tf' 
 
 rents
 
 94 C6e tL alu of Co^po^Uf on0. 
 
 tents within time of Memory, the Writ of Inquiry 
 of Damages ought to be awarded returnable in the 
 Court to be enquired therei unlefs it be fpecially 
 otherwife declared by the Letters Patents, (fctl) 
 That the Bailitf of the Court or other Officer fhall 
 enquire,for otherwife the Baily fhould take an Oath 
 upon Enquiry without exprefs Authority. Trin. 14 
 Car\ I. B. R. Wrotefy and Mttcalf. But it was 
 agreed that the Sheriff may, for that he is an Offi- 
 cer known and fworn ; and fo in divers Inferior 
 Courts the Serjeant or Bailiff may. 
 
 Upon Not guilty pleaded to an Indiftment of 
 Barretry before the Juflices of a Burrough-Vill» 
 who had Power by Charter to hold a Seffions, a 
 Ventre Facias is awarded, and the Record is, Et 
 
 Bailiffs and Mi- Juratores inde fradiUi fer A. &' B. tunc Ballivoi 
 
 nifters ot the ^j^ygi ^ Villa fradttiarum imfannellati exa^i 
 "'^'* quidam, eorum (videl,) dfc. 'venerunt^ &c. and 
 
 upon this a Verdict and Judgment. This is Erro- 
 neous; for that it may be that thefe Bailiffs were 
 Bailiffs of the Village for other Purpofes, as (o col- 
 le6t their Rent, &c. and notMinifters of the Court; 
 for it ought to be fer A. & B. Bailiffs and Mini- 
 fters Cur' pradt^"* 1 6 Car. i . Bamfiers Cafe^ 
 
 ytnire. If an Iffue be joined in an Inferior Court, which 
 
 had Power to hold Court from Week to Week, and 
 the Court awards a Ventre Facias returnable the 
 fame Court ; and upon this a Jury is returned and 
 Iffue tried the fame Court, this is erroneous. Trin. 
 l^Car. I. B. R. Morgan and Bodington. And the 
 Judgment was reverfcd. 
 
 In A6lion in Inferiour Court, after Iffue joined, 
 
 ,, . , Continuance is made ad prox'twa-rn Curiam tenend^ 
 
 be awarded. ^^ ''^^" ^ "^7* ^^- ^^ which d ly 'zemrunt Fanes 
 pradtcl. 6cc. fuper quo a Venire Fac. is awarded for 
 a Jury, and it is net (aid that this was awarded by 
 the Court, or ad e an dem Curiam ; although a Ju- 
 ry is returned upon it, and a Verdi6l and Judgment 
 
 upon"
 
 C&C %m of C<3|P02at(Otl0. 9 5" 
 
 upon it, yet it Is erroneous: For it may be this was 
 awarded out of Court, and fb a void Tryal, Tr. 
 1649. ^^^'^'*^^ ^^^ Drake, in a Writ bf Error up- 
 on a Judgment in Exeter. But if the Record after 
 Jflue joined be fuper quo ad t(tam eandem Curiam, 
 a Venire Facias, ^c. and is awarded, it is good, 
 Tr, 1^49. Peard and Harrif on Error of a Judg- 
 ment in Barnfiafle. 
 
 In an Inferior Court if the Parties are at IfTue, 
 and upon this Procefs is awarded to the Serjeant at 
 Mace (not naming his name ) & Minifier Cur Naming the 
 pradiB* ejuod fecundum Con[mtudinem Venire Fac* w'i^ce^^nor'ne- 
 a Jury, &c. and at the day of the Return, adejuem cedary, 
 dtem prafat' fer'viens ad Clavatn (^ Mini(ierCur 
 fradi^i* (without naming his Namej mifit Prace- 
 ftum fuum fradi^^ ei in forma pradiBa direW* in 
 'omnibus exercit* (^ retornat' d^c. this is a good Re- 
 turn of the Jury and Award of Procefs ; for the 
 naming him is not neceflary, for it appears that the 
 Officer did it, Tr. \^Car. B. R. Bellamy and 
 Davies. 
 
 In an A£lion in the Court of Norwich the Par" 
 ties were at liTue, and this is entred upon the Record, 
 Ideo pracept* fuit J. S. fer'vienti ad clavam quod 
 'Ventre faciat hie ad proximam Curiam, fiich a day, 
 tenend"* (^c. dmdecim, &c, per quos, c^c, qui nee, 
 ^-c. and at the Day the Serjeant returns his Pre- It muft appear 
 cept fb to him dircfted, una cum quodam p»»e//o ^^""^ **'^" P^^*^* 
 
 de nomimbus 'Juratorum in omnibus fcrvitum d^ ^ ^ 
 
 executum prcut et pracepfum fmt. And upon this 
 the Jury appears and tries the liTue for the Plaintiff i 
 this is not good, for it doth not appear from what 
 place the Venue comes ; for although it be the 
 courfe of the Common Pleas or King's Bench, who 
 have general Jurifdidt.ion fo to do, yet Inferior Courts 
 which have a limited jLirirdi6i:ion, ought not io to 
 do. For no Writ of Diminution or Certiorari lie* 
 to certifie the Fenire Fac, to fuch Inferior Courts j 
 
 and
 
 9(5 Cbe lalu of Co^po,iatfotiff* 
 
 and becaufc if it be not flicwcd in the Record from 
 what Place it was awarded, it may be milawarded, 
 and there fliall not be any means to reverfe it; 
 therefore it is erroneous. Cawd-well and Nunn^ xri 
 Error upon a Judgment in Norwicby Mkb. 9 Car, 
 B.K. 
 ., . , „ If upon an Iffuc in a Burroucli-Court* 2. Venire 
 
 Facias is awarded ae turgo^ and faith not, Infra 
 JurijdtBionem Cur yet it is good* for it (liali be 
 intended to be all one. ]>Jobli and 'tonney^ 9 Car. i. 
 Micb. B. R. 
 
 In an Inferior Court upon Iflue joined, if a Ventre 
 Facias be awarded to the Officer to return 14 Ju- 
 rors, it is not good. But if the Venire Facias be to 
 return i**-, and in the fame Precept it is commanded 
 habere corpora 14 to tryc the Ifllie ; and upon this 
 24 are returned, and the Iffue tryed by II, it is 
 good. Micb. i^Car. 1. B.R. Erneley and Sage. 
 
 If a Venire Facias in an Inferior Court lield by 
 
 "'*'•?'(• Charter be quorum quilibet babeat ±\. terrarum 
 extends onlr to » ;; i« • i- 
 
 chc Courts at ^^''f'wewf £);«»» 'vel redattuumf this is erroneous, ror 
 
 iVtfiminfier. Stat. I7 Eltz,^ c. 6. extends only to the Courts at 
 Wefimmfier^ and not to Inferior Courts. And as 
 to that, the Law of Inferior Courts is as it was be- 
 fore the Statute : And a Judgment in the Mar final- 
 fea was- reverled for this Caufe. And it may be, 
 that there are not Jurors fufficient within the Jurif- 
 di6lion which have 4 /. per An. and then there 
 would be A failure of Juftice, and they have not 
 Power in Inferior Courts to alter the Form of fuch 
 Writs. 
 
 At a Court held in the City of Tork before A. 
 and B. Sheriffs of the laid City ^ if the Plaintiff de- 
 clare of a Trelpafs for taking cerrain Goods a^ud 
 Civitatem Eborum ac tnfra yurifdUhonem Curia^ 
 and on Not Guilty pleaded, a Ventre Fac"* is awarded 
 to the Serjeants of the Mace in the City, and MI- 
 nifters of the Court to return i r ProboSf &c. de 
 
 BaUiVii
 
 m)2 %i\m of Co^po^nion0* 5?7 
 
 Balliva dtthrum Victcomttum, and they return a De Vuineto a. 
 Jury accordini'ly, this is not a good award of a Ve- '^'^^^"^ ^nd 
 mre ; for that it may be that the Baihwick ot the bhc- 
 rifFs extends beyond the City, as is ulual in divers 
 Cities,and the ufe of awarding a Venire is de Vicineto 
 Civitatisy or de Civitate, and not de Balliva. Mtcb. 
 12 Car. I . B, R. and the firft Judgment was re~ 
 verfed for this Error. 
 
 If a Writ of Error be direiled to the Mayor, 
 Aldermen,and Recorder o^ Latmcefton in theCoun- The Record to 
 ry of Cornwall^ and the Record is certified by the ^^ ^^^^^^'^ '« 
 Mayor, Aldermen and Deputy- Recorder, the^^^^j^^ ludges 
 Court being held by Letters Patents, this is not of the Courts 
 well certified, forafmuch as this ought to be certifi- 
 ed in the Name of the Judges of the Court ; and it 
 doth not appear that the Recorder had Power to 
 make a Deputy by the Letters Patents, H. 1 047. 
 Spry and Mill, and the Writ abated. 
 
 If an Action be brought in an inferiorCourt againft 
 y. b.\i the Plaintiff declare againft him in Cuftody 
 of the Serjeant and Minifter of the Court, and it 
 appears not that the Serjeant had any Proccfs or 
 Precept to arrefl him, and the Defendant appears^ 
 and for this Caufe demurs upon the Declaration 3 
 and upon this Judgment is given againft rhe De- 
 fendant, The Judgment is erroneous, for he upon 
 Appearance pleads this Matter. Law and Dodf- 
 7vortb, in a Writ of Error of a Judgment in 
 Tork. 
 
 A6Hon on the Cafe. The Plaintiff in a Court 
 of Pic-Powders held at Gloucefter-, fetundum Con- 
 fuetudinem Civitatis illms, brought Debt againft 
 H. who was in the Cuftody of the Sheriffs and they 
 fuffered him to efcape. It was moved, That the A-^ 
 dlion lies nor, becaufe it is not alledged that the 
 Court is there held at Gloucejier by Cuflom or 
 Charter, and then it is clear they hold Court with' 
 out Authority, and io the Defendant's not charge- 
 
 H able.
 
 Recovery iii In- 
 ferior Courts 
 how to be 
 pleaded. 
 
 Stewards in Iiv 
 fcrior Court! 
 how to make 
 their Certifi- 
 cate 
 
 Stile. 
 
 98 Clje Lalu of Ccjpojationjj^ 
 
 able. r. In pleading a Recovery in an Inferior 
 Court it ought to be fhewcd by what Authority the 
 Court is held, whether by Patent or Prclcrlption, 
 and the ShcritJ who is to take Advantage thereby 
 (he being an Officer of the Court and arrefting the 
 Party) ought to fliew it ; as Stewards when they 
 make any Certificate out of Inferior Courts ought 
 to fhcw therein how the Courts are holden, for 
 they bcft: know their own Authority, and the O- 
 miifion thereof i^ juft Caufe to rcverfe and annul 
 all therr Proceedings. Otherwifc in the cafe ot a 
 Stranger, as here where the Stile of the Court is 
 but an Inducement to the Ad^ion, and thefe Words, 
 fecundum Confuetudtnem Cur* will help it. Cro, Car. 
 45", 46. Hodges verfus Moyfe. 
 
 Error of a Judgment >n Sudbury. The Error 
 Court by Let- afligncd was, That the Court is held by Virtue of 
 ten Pacenti. Letters Patents of Queen Mary^ and the Procefs is 
 awarded fecundum Confuetudtnem Cur* which can- 
 not be by Cuftom, where the Court is erected 
 within time of Memory. Cro. Car. 143. Long and 
 J>ieatbercoat. 
 
 Error to reverfe a Judgment in the Cowt of N. 
 I . The Judgment is entrcd to be before the Mayor 
 and J. S. d^ J^ D. Aldermannis^ and at the fame 
 time the Plaintiff was made Mayor pending the 
 Suit, fed non alloc, unlefi the Party had excepted 
 to it in the Court and it was difallowed there, then 
 it had been Error; but if he admits him to be his 
 own Judge then it is not Error. 2 H. 4.4. 1. The 
 Prefcriptlon is to hold Courts before the Mayor and 
 two Aldermen ; and it is alfedged, that at fuch a 
 . Court held before the Mayor and J. S. and J. D, 
 Aldermen, d^c. and alledgeth in Fad, That fS, 
 was not then Alderman. The Defendant pleaded 
 in nulla eH Erratum.Per Cur"* it is a manifeft Error ; 
 for there mull be two Aldermen, and if jF. S. was 
 
 not
 
 Cfjc £alu of (Co^po^atfon0. 5>9 
 
 not Alderman, there were not two Aldermen. Cro, 
 Eliz^. %^o. fVafh and CoUtnger. 
 
 Writ of Error was brought upon a Judgment gi- 
 ven in Leicefier in Debt: ft was afifign'd for Error, 
 becaufe in that Suit there was not any Plaint; for 
 in all Inferior Courts the Plaint is as the Original 
 at the Common Law_, and without that no Procefs 
 can ifTue : and here, upon this Record, nothing is 
 enter'd but only that the Defendant fu?nmomtus pj^ipf j^ ^^ 
 fftity d^c. and the firft Entry ought to be, ^, B. enter'd before 
 ffueritur 'verfus C. d^c. Per Cur a Plaint ought to Pioccfs fucd 
 be enter'd before Procefs iflueth forth j and this °"^' 
 Summons which is entred here is not any Plaint. 
 And Judgment was reverfed. i Leon. 502. Savage 
 and Knight^ Cafe. 
 
 Error was brought upon a Judgment given in 
 Lynn ; where by the Record it appeareth, that they 
 prefcribe to hold Plea every Wednefday: and it ap- 
 peared upon the (aid Record that the Court was 
 holden 16 Febr. 16. Eliz,. which was Dies Domi' 
 nicusy and that was not afligned for Error in the 
 Record, but afrer in nullo eff Errat' pleaded, it 
 was afligned at tlie Bar* and Almanacks were (hewed Tryal bvAlm*.' 
 to the Court in Proof of it, and it was clearly held nacks.. 
 to be Error : But the Doubt was, if it (hould be 
 tried by the Jury or by the Almanacks ? And the 
 Juftices may judicially take Notice of Almanacks, 
 and the Judgment was reverled. i Leofft 141. Pa^e 
 and Fawcett. 
 
 H 1 error;
 
 ICO ^&c LalM of Corporations. 
 
 ERROR. 
 
 RC V manbabit Dicf coniitibujer ^ibitntijsf 
 .Oo:toici I)2cbc fiiir) Ctm in ficc Dcrbn, 
 *^tjroluj0f Bd <^:a^ 'JllngC ^coc j-can(f ^ Ipu 
 hcvn) Her f itici 3^cfciifo2 ^c. JDicc comitilJiijflf 
 CitJitnti;^ ^o^luici fnlnrfm quia in RccojiS 
 ^ {)fcffif ac ctiam in rcbdifonc jnDicii ioquclc 
 que fiiit co2am \30bij3f in Curia noltra Citoita^ 
 ti^ ^iJicc fine b2e\3i nofiro fccinitia) <tonrnc* 
 tuDiiD ejufU CitJitae inter l^cnricir) i^aiftc 
 &ci Cefiranunti 3Cnnc j^airnian Vitiiic nup 
 &c€ CeHamenri COiltf airman ^Ciement* 
 CuOitt tJc Piifjam in Com l^o^f <0cn) tie eo 
 qiioli itjem Ciemenief retJlieret pfat a3recuto2i 
 ccntLT) f quatipaginr* IiB iit tiicitur crroj iri^ 
 tertenit manifeltu^Bi ati gratje Dampnii) ipfi^ 
 n^ (fflemcnti jf ficut tx querela fua ae eepimuitf 
 S^o0 <erro2eni fi qui^ fuit mobo hcbit co;vic 
 0i ^ partibu;^ btict plenam f relerem ju^ 
 Ititinm fieri tJOlentejBS in Ijae parte bobij^ 
 ^antiamuitf quolJ fi jutJieium intjc rchtjit fit 
 tunc recc^tiii) § pfefi5 joquelc^tiice cum onini- 
 bn^ ea tan0cii)nobi^ fulj d^tigiUo beHro DiO 
 tinttc ^ aperte mittati^Bf ^ fioc fi^ebe ita quob 
 caf)a6eamuflf a tiic^anai^icljacii^gf m trciSf 
 fcptiman) ubicunq; tune fuerimu;^ in 3ingt 
 utinfpecf refo^2U ae peef^ ^hkt uiteriu^e? intJe 
 rP (CrrOj^ iHo eojrigcti) fieri facianiuief quob 
 tie jure ^ lecuntia) legem ^ fonfuetuii Hegni 
 noftri 3tngt fuit facienU C^elte me ipfo apnti 
 Wtttixi} Terto Die 31unii ^nno Begni noKri 
 ^ecimo nono. 
 
 ADDERLEY. 
 
 €xetn
 
 C6e LaiD of Co^po2nrton0« loi 
 
 €jL*ecutio iflfiujsf h^eW patet in gualinm 
 ^cf)tbuia fjuic b^ebi anncv' 9(<5l)an *ii^ccn* 
 toDoU $ 3|oJjaii) Bapkp ©icf ifluD l)jcl3c fie 
 inDo;fni'$ rcro?ii)per fup^anominai* nup ©li 
 in cxitii aD £)fficio fiio noDiief fulinoniinae 
 niobo a^ic tJcliOcrae fuit Cfjoitia^ €oft ^ 
 i!!ic?25atcnian©ie. 
 
 Pacita apub Cibitat l^ojtdici in Com 
 cjiiftiem Cibitae in €i\x K)oni) lUeg* <0uii!jaIti 
 €ibitat l^o^tDifi tmt apiid |^02taicu) pDice 
 in €5uiltil|all iftibcm co^am Sloliafi ^jcrn^ 
 iDoob $ Sloljan 15aplcp ^lic Ciliitaf i^Hicf 
 fecuntJum Hfum ^ Confuctnti Cibitaf iiliujsf 
 a tempore cujUjSf contracii mcniojia Ijominii) 
 non crilTit in caUcni ^fitae $ app^oftaf ac 
 LiOcrtat? p^tbilcrj $ 5ri^anf!)cfj§ ciHibu^ Dtrtc 
 Cibitntijtf p tjibcrfo^sf nup BeQi0 ^Cngt con^ 
 fcfj§ ^ p Dictum llegcni nunc confirm Die 
 fll^crcurii biDcl biccfimo ff cunDo Die Q^artii 
 3Cnno i^cQu IDoril) noRri Cai ^ci 4l5ja) Sngt 
 ^coc Jfranc ^ i^ifierii) JUrgiiBf jpiUf i pcfc nj§ 
 ^c. Dccimo ortabo aD fjanc €ux Ijcnit ©cnrit 
 a^arftc €jccf €c(!amcne ^ uif liolunt 3finne 
 fairman (Hid Defunct (^irecurciciAif €fna^ 
 menti $ uUime \joluntai* IDiliielmi Sfairman 
 Defunce in rpp^ia Pccfona fua ^ queritiir 
 tctfUjEf Cicmene Cubitt De 2^iUjam in Corit) 
 IJ^o^f ©ciD De placito quoD rcDDat ei crntu) 
 ^ quaD?a0inta SiB?aj@f qua0 ei injuCfe Detiii) 
 §c* Ct intoenit plcg De ipfequcfi) qucret fuai) 
 pDicf tiDet 3iofiaiS |:;)oe § Jlitf iUce $ petit 
 pccfj§ inDe fibi fieri berfUiSf pfac Cleric Culiitt 
 De ptito |Dic{ fecunDum <tonfuetnDincm €v 
 tjitat pDici? fup quo aD l^anc Curiam fecun^' 
 Dttm ^fum ^ Confuctuti ac Eibcrtat ^^ibi^ 
 ic0 ^ f rancf)Cj§ Cibiliuj9f Ditte Citoitae con^ 
 ccfi§ ^ toto tempore Cup^aDido in eaDem uCv 
 tat ^ appjotJaf fcepf ell d^amuel ^i^ojman 
 H 3 Ul?
 
 101 C6e Laiu of Co^pojattons* 
 
 uiD d&crlufii) nti <tlnbnm triri? aDitf in Coifi) 
 pDiff nc UrBinifir Cui fidict' qiio^ In'i^ Vi fio- 
 iioj0f furii) vtiuf Cifmcnt* €ubitt qucD fit ati 
 jJC' <Cuv ^ori!) Hf giitf »l3iiif)alD €iDitnf ptiici? 
 Die iliBcrfurii inbcl biioliccimo Die 5llp?tHi9f 
 ^r' fiituo in Ouifjnlb pDicf tcnc ii^ f c. aD rc- 
 iponticn) j^fne l^cnrico Q^nrhc dc p!o ptJici" 
 <Ct JUcm Difje; baf cf! pfat C^cnriro ^av\\c 
 ftif, g^c. 31ID nnamnindfm Cnr ijictt IDoifi) 
 !tUgt;rf »J3ii!iialti €iVjitati0 ptJic! Ditto Die 
 •a^ercurti \jiDc! DuoDecinio Die 3p?iii;9f in 
 43ui^a]D pDice co^am pfa! IDi(f €i\3itatij8f 
 pDiri? liic tcnf f c. IDcn) f c. pDice l^enrirujef 
 <it9arhc in ^jpiia pfo"'^ ftJ^ ^ optulit fe berii 
 ^rac Clemoiircni €iihm De ptto pDice <Ct ipfc 
 non li)cn^ f r. <Gt pDice <&annicl ^o?man 
 ^erbieiD aD Ciabam ^e. moDa !)ic CeRae 
 ^ retojii) qaoD pDicf (E^cmtn0 €uBitt niljil 
 Ijabet infra libcrtaf Cibitae |^o?toici pec 
 CjuoD ^ari^ poted nee ttt inbene in eaDem 
 iDeo aD eanDem <^ut Ditti 2Pc«fi) flcgi^f ^ui- 
 l^aiD in Cito pU Ditto Die a^treuri biDetxii. 
 Dic3£p2iii^ tenf apuD ^o^Vnic? pU in ^SuifjalD 
 ibit) fo^am pfaf ©i? Cibii* pti fee unU Urum ^ 
 ^TonruetuDiii) at 3libertat? i^^ibileg a fran^ 
 fljcfi pDici? pcefis ttt pfae Samuel Jl^onnan 
 ^erbieii^ aD Clabam f e* quoD eap' pDice 
 Clement Cubirt ft f e. at enm dg>olbo f e. 3ita 
 quoD liabeat cojpujtf eiu^tf l)ic aD ,pr' Cut 
 SDorti) Hcgiitf (©uifjalD Cibitaf pDici' Die J^af)' 
 bati biDet Dccimo tpiinto Die 3£p;ili;0f ,pr* 
 futur' in ^uiftaiD ^Dicf teneiD ae aD refpontf 
 pfae l^encico £0athe De ptto pDiee iDemqne 
 Difjsi Dae en pfat i^enrito a^arfte !)ic ^c. <lJt 
 fup fioc iDem l^envien^ a^arftc pcfuit loeo 
 ftio ^etr' ^baeher iitmft) fair) berfujD? 
 pfae Clenicnrem Cubirt Dc plito pDice aD 
 QuamquiDem Cur'Dmi ^cM^ Hegi^g^^giuil^ala 
 
 CibitatijiJ
 
 Cbc Lauj of Co^poiatf onsf. i o: 
 
 <rtbitatijSf pbict Ditto bic ^al^I^ati bibel bcci^ 
 mo QUinto tJic 3Cp^ilii^ co^am^fat ©icfljic 
 tcni? f c. Ueii) v^ice ^cnrku^ iHBarkc p 311t* 
 tOfMT) ruit) pDice ^ oprulit k toecfii0 pfai? Cic- 
 mene Ciibitt be ptito pDicf €t pUictugf ^aifD 
 ^o^maii i&ccbict^ ad Clatoam fc. mobo |>ic 
 teflfatuc $ reto.m (juob ipFc birrutc pccpe j^a 
 fibi in fo^ma pbicf Direct ccpu pbicf Clcnicm 
 rem CiiDitt cuju^ qiiibrm co^pu^ mobo j^ic 
 pacae fjabct ab rcfponbcii) j^faif !^cnv £19^^^^^ 
 be ptito pbicf ,piit fi pccpe fuit Uipcc quoab 
 canbem €uc' bicf IDom) Ecgijtf vSuilialb €u 
 %mi pbice bicto bie ^atibati bibet becimo 
 quinto bic %^nh0 mam pfaf 3^icf Cibitae 
 jpbict fecuiiOimi yfum $ Conruetiibinem ac 
 jLibertarciu l^^itoilc^ ^ iprancl)crj§ pbice tent 
 ^c» ibeni Clement €uhnt inbcnit pfat ^ie 
 ^anacape $ pleg ab Oranb' rectc in eabem 
 Cur' l)ic in pf ito pbic f bibet 45co?gic^ €obep 
 ^ 3IoSan 23?enb CibCiSf Cibitae pbicf qui p^- 
 fentt0 l)ic in eabem Cue' in ipp^it^ pfoniiSf 
 £m0 eo^ani pfaf i^ii o^jcifiit ab requifieonem 
 pDiee Cfemenrijer €uhUt ferunbum Hfum f 
 Confuetubincm CilJifaf pbicf a toto tempore 
 fup:abiao in eabem utitaf <| app^oftat" bel^e* 
 nee' manueaptoc' ^ plrg p pbic! Ctenieiiti 
 €n\iitt (|uob ibcm €!eniejii^ €nbm frarct 
 recte in eabem Cur {]ic in pttro pbicf tccund 
 Confuetubinem Cibitati^ pbic! a toto tem^ 
 po^e fupjabicto in eabem ufitaj f apphat 
 <Bm quibem Confuctud taliifl! cti quob be- 
 ^mi in qualibet queers in Cmf ^oif^ lUegisr 
 <0uiftalb Cibitai l^o^toici affirrit) ^^cefjg fup 
 quereP ilS capt* antequamab canbem Cue' in 
 tc^at intocnirc bcbct 3Dic cjufbem Cibitai 
 manucapf % pirg ab ftanS rccte in eabem 
 Cue' l)ic in ptito lilo bibc! quob ipfc ibcm 
 befenti eompaccnt tjc tik in bicm ab quamU- 
 
 H 4 bet
 
 Elje Lalu of Cajpor^tlond. 
 
 bet Cur' 2Dorit» Re giiJ (}?iuf]nllti €iliifat p^Y< 
 tiiff co:ani pfnf Die €i\)itnf pDitf rcnrntl 
 qiioulcTT iDfiii ptituni tccmnictiii* ii\3rjiiDic 
 intjc rcDtjarur o^tquoti Itabit juDicium bcrig 
 IjujurmoDi tjcffiili'in coDcni ptito rcFponti a3t 
 quoD liibcat t| fc rrtiDnt <£ji:ccut c jiilDcm iu^ 
 iJtcii ft canting juDic bcrfii^ liujiifmotii Dc- 
 fcnD^ in coDrm plito rcDDi <Ct fr finjufmoDi 
 iJcfcnD' fcdontj f in Cuccut intiic lit fc non 
 rcDDiit fed ab ciDcm fc rctcn^Kt nbrcn! Ccu 
 clong quoD tunc liujufmotJi maniifap! ntplctj 
 a^L*fcutioii) !)ujiifmot)i Juliicii fubirc tirbcant 
 fibi ^ Ucba motjo quam ipfc iticm bctenb' 
 <Srccutioir IjujurmotJi )iitiicii fubiuc licbcrct 
 (i nb caDcm non abfr nt' feu clong <!3t fuE !)oc 
 pDiff €lcmr?i^ Cubitt p manucnpt ^ picg 
 pdifi tJimirriiur aU bailiiD ^c. 2Ilc ibcm 
 Clcmnifii Ciibittpofuit locofuo 5l!obait> IBifc- 
 man SlttojiD fuuni \icthi0 pt'af i)cnr' Q^arlic 
 t>e ptito pbicf ptita apub Cibita! ^jjoiteict 
 in €o\\^ cjurDcm Cibitaf in Car' }Doin) He- 
 Qi0 €^uif)altJ in €itoitaf |}o^tDici tcn{ apiili 
 j^o^ttiicum phict in €>ui^aID ibiUcnt co:ani 
 pfaf Jofjc "S^ccntoooti (^ S^ht i^aiilcn iDic? 
 ^Tibitaf jpbict fccuntjuni ufuni ^ confiktuti' 
 £ibita! illiUitf a tempore cuiu^ contcarii mc^ 
 jnojia fjominir) non ctinrit in catJem ufttaf ^ 
 opp:obaf ac libcctat ^^ibiicg ^ f cancljcfj§ 
 €ibibu0 iJictc €i\3itae pDibcrfo^gf nup Hcgcief 
 %nq\ conccfjs at p l^oni) Hcgcm nunc confirrii) 
 iiirto Die ^abbati bidet tiecimo quinto tiic 
 3p?ili0 3Ilnno regni I^ioni) iHeji^ Caroli 
 liuiic 5£ngt ^c. bccinio nono fcii CJemcn^ 
 <rubitt dc ID. in <Com» ^ojf &tt funt fuit 
 ad refpondcnd' l^cnrico 'xH^arfte <grccuto^' 
 CeOfamrnri 6t iiltinic Dohmraf %nm j-air? 
 man ©ii5* dcfunft <J?recutri( Cc^amcnti 
 
 CSiiJiipImi
 
 m)t LaU) of Ca^po^ationcf. lo^ 
 
 H^iiUcImi 5pairmnn tjcfuncf tic ptitc quofe 
 rctibat ci centum $ quati^aginta iiD?a^ qna^ 
 ti injuITc Dctinct ^c. <2Et unDc idem i)nnuu0 
 J Pctriim €f)acftcr 3fitto?tD fuu) Dicit quon 
 cum biccfimo quarto tJic 5["ii^J ^» S^oiii) 
 noftri Car S^ci (J5?a) 0cgifif 31!ng! ^c, ticcimo 
 fcrto 3lnno^ ^om) miltimo ferccntifimo 
 quaD:a0cfmio j^tiiaii^ €lcmcn;ef \)xt aput»|l>o^:= 
 tDicum in |Darocl)ia ^ancti pctri in Jl^arlia 
 trc si^ancroftc ^ infra giuriftiirtioi!) ftujii^ 
 cur' p quot)Dam Fcriptu) fuii) obligatoni?) con- 
 cfflifrct fc tcncri j^fat" iBilIiclmo f airman in 
 bita fua in pdice ccntfj) f ountj^aginta \ib^i0 
 J>oibcnlf ciDcm J^illiclmc cum intic rcquif^ 
 lit' fuilTc t pDicf tamcn Cicmcnsf Uttt fcpiui^ 
 re quifif pDitt ccntii) ii quati^aginta \ih^a0 p;c= 
 fii? ^Ulliclmo in bita fua feu pfa! ^inne in 
 bita fuapoHi mo.Jtem pDirt JBiliidmi feu tin 
 %nrico poft mortem ptJirf 3Cnnc nonbii) reti- 
 bitiit fed ill eis reliDerc contrabirit ac injuITc 
 Dctinct untie ibem l^cnricusf DicitquoD bttt^ 
 rio?af cH ^ bampnii^ljabet ad bale ni;? quatija^ 
 gin! liOjari^ €t inDc ptiuc' fccram ^c. €t 
 jpfcrt ^ic in cur tarn J^ttwi ptiict quoD tiebt' 
 ttt) pdicf in fojma ptiici? teftatur cuju^ Dat' cH 
 tiic ^ anno fup?atiicti^ ^c. quam litera:^ €e? 
 (Tamcn! fbic! JSilliclmi p qua^ fatijtf liquet 
 cur tiic pDic! 9nnam fuififc oBrccutriccm €e^ 
 fiamenti ptiic! I^iilicimi ac inDe gabuilTc ab^ 
 minifirationem ^c. quamquc literal €cITa< 
 men! pbic! 311nnc p quaiS? fati^ liquet Cur t^ic 
 ipfu i|enricit) fo?e CjL'ccutor €ef!i ejufbcm 
 ^nne f inbc fjaficrc ^bminiflrationem ^c. 
 €t pbift befentf p 3lltto2n) futt) pbic! bei!) ^ 
 bcfenb bim ^ injur quanbo f c* ^ petit Jiccn- 
 tiam inbe interloquenb' i)ic ufcB ab rpr cur 
 IDoiT^) l^cgi^ ^ui^alb Ct^itae pbiri- bit
 
 io6 €()e Laiu of Coipo^atiou!?. 
 
 Q^crcurit bccimo nono biel^p^iVug px futui 
 tcncnti' ^f. <2?t ei conccditnr ^c. 3^^ '^^^ ^if^ 
 Daf flT jpfat oucr Ijic f c, 3ilD qucm bicni l)ic 
 bcii) tarn pDue qucc' quam pdict dcfniD* pre 
 3fitto^ii^ fiio^ pDice <Ct pDiff Dcffiid' p %u 
 to2ii) fuir) ^Dice pee ultcrio:' liccnE iiiDe inter- 
 ioqucnb' l)u ufqf? aD ^ji*' cue' Dori^ Hcoifif 
 <55iiHfalD €i\)uaf pDur Die ^a&bati biDet 
 biccfinio ffcnnbu bic 3Ilpnli^ rPt' funic' tc^ 
 unib' 3^c. a3t ficonccbitucfc, ^bcmcB bic^ai 
 bat clt pfaequcc' Ijic ^c. 311b qucm bicmftic 
 )jciv) tain pbirt f c. quam pbicf bcfenb' p ^t= 
 to:ti) Tuo^ pbic! <i^t pbicf IDcfcnb' p 5fitto?i!> 
 ruii) pbiff 13 nil licrnc? intcdoqucnb' Ijic ufcK 
 iib ^r' Cue' jDoi^ ncgiitf <0uil)alb €ibitaf 
 pbKi bic £l9crcurii bibct biccfinio icxto bic 
 3(ip?iili^ ,pjc' futuc' tcncnb' $c. a3t ci concc* 
 bitur, ^t, 5ibcmcB bic^ei baf cK pfat? qucc' 
 l^ic f c. 3llb qucm bicm (jic tJCJiit tarn pbicf 
 qucc' quam pbicf bcfcnb' p 51lttoji^ fuojsf pjc* 
 bid Ct pbicf €!cmcn;0f Cubitt abtunc f 
 ibibcm ptulit f belibcrabit pfaf J^ie Cibitaf 
 pbicf quobbam B^ebe i:>on^ fUcgi^ befiaCiea^ 
 €o?pU;fi^ c Cue* ^ojfD 0cgirf be Communi 
 fBanco cmanatD cifbcm ^i€ hivctf ac ei^p^e^ 
 cipiciD quob co:pu;9f Clcnicnf Cubitt p tiicf 
 ©ic' cap! ^ in p^ifona bicti ^oiii' ficgiiSf Tub 
 tuHob' Hid J^ic? ut bicituc bctcnf fub faiba 
 ^ fccuc' conbuctu una cum bic f caufa ca^ 
 ptioni0 ij bctcnJIoniiSf ipftu^ Ckmcntiief €iu 
 hid quocuncr; nomine ibem Clement ccnrj§ 
 in cabcm fjabcrcnt co?am 3|ufiic? biai S^om) 
 0cgij8f apub ^(Llcftin) bie jLunc ^jr' poR Cra- 
 ftinum 31irccnfioni^ ^oii?) tunc ;pr' fcqucf^ 
 una cum bicto b)c\}i <Qnob quittcm h2t\}e 
 iibcm Dicf rcccpcrunt at allocalirrnnt ibca 
 u\t pccfj§ in bma €iit' be plito pDicf cer^ 
 
 quor*
 
 Clie LaU) of Corporations;* 107 
 
 miofcunq; ^c. %t fupinlie pofica fcit ati 
 cue' Dicf Don!) Hm!^ ^uihai^ €itsirn{ 
 pDict' tiie a^crcurit toilict dec imo quorto tiie 
 Sfunii tunc $t' rcqucnti' fo:ani pfat' (IIi(? 
 Cibitat* pDict' tent' $c. tcii) ram pbict' <©ucr» 
 quam jptiict' Dcfcnli' p 3iltto?ff) fuo^ pDict' tie^ 
 fentiij pec ^tto^u'fuo^p^cd* €t pDi£t<lSucc' 
 prulit f tidiberatJit pfat 3^icf ribirati^ pbice 
 in €m p^ctuc! aSuoDbani b?cbc Dni) i^e^ 
 gi^ be jp^occbfti bic? I^o^bjici birccf pliicta 
 Curia ^ni) KcgijSf be Conummi 23»inca 
 pbiff cmanan' p quob quibem b^cbe dU 
 hem 3^i€ manbat fuit quob in quibuffini' 
 que p!itij9? f querct brrfuisf ipfum €!cmcn> 
 teni in €uv pbict* co2am eifbcin ©icf moe 
 fibe pciiben) Tccunbuni' Jcgcm ^ ConructuU 
 liegm bci) 2^ni) negiitf ^naC pjorcbat 
 cum effettu aliquo b,2cbi eifbcm Bi€ 
 ^ojtDici nupfc biiec^ in aiiquo non ob^ 
 ftanre fupct: quo ab eanbem Cui* bicf ^i\i> 
 liegiiBi <3ut|)dib Cibitaf p^eU bicto hit 
 fl^ercurii bibelicet bceimo quarto bic giu- 
 nil co^ani p^efat bic? I^ic tene ^c. p^ebici? 
 befenti per 9ltto?n) Tuum pjebict? beii) f 
 3^c! \iM Jifcntiam inbe intedoquenb' Ijic 
 ufque ab p^orimam Cut K^nl iicQi0 '©ui^ 
 ftalb Cibitai? p^ebif! bic ^^nbbati bibcUcct 
 bcfimo fepthno hie ^imii pjornna futut 
 tcneiD $c» Ct ft conccbitur ^c. ^Xnen^ut 
 bicjBf bat? eH p^crat qucr |^fc ^c. piacita a- 
 pub Cibita! in Cur Pii^i BtQig <Bmf\a\^ 
 Cibitatiitf |5o2tDici rent apub |^o?tDi£uni 
 p^ebicf inj5uiljalb ibibcm co?ani pjrfaf 
 3!o()annc Cp^cchteoob ^ 5'ol)aniie Eapkp 
 Me Cibitat p^ebicf fccunbum confuctud 
 Cibitaf iiiiuflf a tempore tnjn^ contrarii 
 mcmo^ia Ijominum non cj:ilTtt in cabcm 
 Witat f appjobat? nc libcctati^ pjibilcg $ 
 
 jfran^
 
 forf impcr HcQc^ 3fiii0t conccfj§ ^ p 2:)oiTi) 
 Kcgcni nunc confinii) bicco Die ^abOati bi- 
 ndt Dccimo fcptimo tJic Junii 3Cnno Ecgni 
 3^111^ Hcgitf Caroli^ nunc 3ilngt $c. i:)ccimo 
 nono fiip:ntJi£to Ciein) Cubitt be ID. in 
 Com) ^o:foUt gen fiun) fuit ati ncFponticnfi 
 Dencico a^arftc oBrccutoi; ^ellfamenri ^ ul- 
 timc toIuntatiitf3Cnnef airman J^iti Defunct 
 Crccutcie Celtanicnti Jl^iUi Jfairman tc^ 
 inutt be piacito quoD cebDat ei centum i qua- 
 Dragmta Mh^fii^ qua^ ei in|u(!e Detinet ^l^c. 
 Ct unbc ibem l^mncu^ pec lp)etrum €f)aclt^ 
 fc 3Ctro2nn) fuu) dictt quoD cum Viifcfimo 
 quarro Die :Tumi3iInna l^legni Pomini fccun^ 
 bo CaroU i)ei'0^ acgi^ 3ilngt ^c. dccimo 
 Terto 3Cnnoo^ |Dni) JJ^ilJtelmi feragefimo, 
 ^auabragefimo jpticu0 €Icmcn0 pk apub 
 ^02Ujtca) in ^pacocljia.^anct' gctri in IDarba 
 be a^oncrofte^ infra ^jurifbictioiD cuju£f Cut? 
 pec quobbam fcriptum fuu) obligatonu) con.- 
 cefTiffetrc teneci pfatJBilliclmof airman in 
 bira fua in jpbicf centum $ <ISuabcaginta it-- 
 be' folljenbuni eibem QHliHielmo cum in- 
 be requifitujSfuidet }}bkt tamcn Clemenglli^ 
 cct fepiu^requifiepbicf centi^ $ <Duabcagin* 
 ta UDca^sf pfae JBiUieimo in tita Fua cea 
 pfae 3ilnne in bita fua pott mo2tcm pbice 
 30iIieHmi fecunb* eibcm l^encico pott mortem 
 pbici? 5Cnnc nonbum cebbibit fcb ilt ei^ reb- 
 bere contcabijcit ac injutte betinet unbe i^ 
 bem l^cnvicu0 bkit quob bcterio2at' ett ab 
 bampiiii) fjabet ab balencf €iuabragine Ji- 
 ft2arum ^ iiibe pbucit fectam ^c* <iBt pfect 
 Ijic in Cur' tarn fcripf }pKlJkf quob bcbitum 
 p:c^ m Fo;ma p2cS tcttatuc cujiisf bat' ett bic 
 ^ lUnno fup^abittii?" f c. quam literal €cna^ 
 
 mtnt
 
 ^i^t %m of Co^pojationjs* 1 09 
 
 iticnf p;cDice l©iUicimi quajf fatiie? liquet 
 <rur* §ic p?eti 3llnna) futlTc €jt:eaitrirem €c= 
 ftamcnti ptiici? SUiniehni ac inlie (jalJiiifTc 
 atiminifiraconcm ^c. quamtB literajef f^clta- 
 incnt' jpDicf 3£nne $ quajef {ati0 liquet Cue' 
 flicipfum l^enricum fo^e O^recutor 'CeHamen^ 
 ti ejufDem mnne ^ inlic Ijaficre ^CtiminiRra- 
 foiiem ^c» €t ptiice tierenil per Slofiannem 
 2Bircman ^Ctto^ii) fuum ^eii) f befenU \jim 
 ^ iiijui* quanlJo ^c. <Ct pet audit' fcripf ob? 
 Jigato^ii ptJice ^ ei Jegitur ^e. petit etiam 
 audit' Condicioni^ cjufdem fcripf ^ ciUcgi^ 
 
 tUC in Ijec UerDa. The Condition of this Ob- 
 ligation is for the true and fure payment of leventy 
 five Pounds and twelve Shillings, of good and law- 
 ful Money of England, to be paid into the above- 
 named William F airman, or to his certain Attorney, 
 his Heirs, Executors, Adminiftrators, or Aflfigns, 
 at or upon the four and twentieth day of June next 
 enfuing after the date hereof, in, or at the now 
 Manfion or Dwelling-Houfe of Will. Fairman in 
 Dilham aforefaid, to be paid, That then this pre- 
 fent Obligation to be void, and of none effe6t-, o- 
 therwife to remain in full force and vertue. ^Ut- 
 
 jbu^ lectin f audit idem defend' die? quod ipfe 
 non potcft dedieere quin fcripf obligator 
 pdici? fit factum fuO) tamen jpet quod inqui^ 
 ratur de licro de&it* in ^ondicione ejufdem 
 fcripti fpecificat' fecundum Hfum ^ eonfue* 
 tud <2Eit)itat |?o^toici a tempore m}\\0 eon* 
 trarii memo^ia fjoniinum non eriHit in e£V 
 dem ufitaf $ app 'oliat per patrinm. €t 
 pdict quec fimtlit' gideo pccpta^ eft ^amuct 
 ^ojman fctbiei!) ad clafeam ^e. QUod fecun- 
 dum confuetuti dicte Ci>3itat a toto tcmpo^ 
 re rup;?adicto in eadcm ufitat j app;otiat Uc- 
 nir' fac? ^\t ad p:ori5uam ^\\x t)i\^ Hegicf 
 
 <0uigald
 
 1 10 Cdc TLalu of aEo^po^ritlon^* 
 
 Oaifialti €i\yucif ptju! bit ^ncutii bibelt* 
 \jiccnmo Dic3;iimip:or'fiitiir' mxtft ic. 55u^ 
 ofirriin p:oOojtf t^ IcffAlCjtf Jjominc^ dc i^ift!> 
 paroflV ^nmt* pctri piedicc pec quoiet rei 
 bcntiirf nidui0 fcir potcrit ^ nut net pUici* 
 nuci lire pfiU Dcfrnti aiiqiia affinir' atting 
 aD rccogfi) fupcc facruin fuum inter pactCiBf 
 p:cDictaflf Dc placito ptJicf quia tarn jpbicf 
 qucc' quam \?tiut tjcfcntf inter quo^ xntic 
 conccncio eff poncr* fc in jut patrie iDcm- 
 que hic0 ijat ctt partiliu^ ptiicC ||ic ff. 
 %b qucm quiticm Diem f^k Ijic tjcnit tarn 
 predict' quer quam ptiitt* tJefentf per ^tta^n) 
 fuOjQf pDicf ^ pDice ^amucll ^o?man Ter- 
 bieii) aD datoam ^c. fccunbum ^onfuetuU 
 tiitte CtUitat' mobo t^k tcftatur ^ reto^ p^e- 
 ccpe fuit) pdif e birece una cum quobam pan* 
 ncl! He nominibujtf 3!ur in omnibus fcrbie f 
 (Hxcciit p2out (i p2f ccpe fuit ^ 9Iur fic inbc 
 tmpanncl! nullu;9fcbjum bca) ^oftea continu^- 
 ato p^Dccf^' inter parted p^ebice In Cue pbice 
 be placito pbict* pcrjjur inbc inter ea^B? pofit'in 
 rcfpecf p^o befcff 3|ur recunbQ) ConfuctuU 
 tikt CibitatijGf f^k ufcfi ab Cur' ^i\^ IJegiirf 
 ^uil[)aib Cibitat pbice bic iSl^ercurii biber 
 H)ecimo nono Uk IJulii tunc p,20t' fcqucii) 
 hk tcne ^c. ufrp quam quibcm Cur parte;* 
 pbice f)abucc biem i)ic in placito iilo ab 
 qucm biem l^k tjcti» tam pjeb' Cluee quam 
 pbice H^icfcnti per ^tto^ fuo^ pbice €t Jue 
 fic inbe inipanelfae tibeluct l^enr' (©Ibljam, 
 Hofeplj ^eman, j^irman HociiUJooU, S[o^ 
 §anncjtf CluOb, ajdlnarbuief ^plcr, Utclct 
 25cnton, .^icfjola^ef oJiipcrt, Cljoma^ef^eam- 
 ner,Cf)omac( CalMrton, aSbtoarbUiBfi^arbing, 
 Cfj^iftopfie) i^atton, ^ H^illidmujsf C21cfton, 
 exact fimilit' )3ciii qui ab Ueritatcm in pmifj§ 
 
 bicenb*
 
 tiiccniJ elect' mat ^ jurat* bicunt fupcr fa- 
 ctum Tuum quoti P2cti tjcfemj hctift a pfat 
 <auer iHUt rfg>cptaa0in^ quintp liBjaiSf ^ 
 tuoticcimroiitiin Oicta €ont)icioiic p^ed ftnp^ 
 ti obligato^ii fuperiu^ fpccificnt' luotJo $fo?^ 
 ma j)ut in catiem <ConDicionc cjurDcm Ccripti 
 fupertuie^ mencona^ €t affiiient tiampna 
 ipfiujsf qucr occnJonc tictenEionii^ tiefiiti illiUjGS 
 ult mij§ $ cunag fua p ipfum circa feet? fu- 
 am in fiac parte appofie ab fer lifi^a^tf $ 
 p^o mij§ I ciiHag fuii^ ab buo^e? foliti ibeo 
 tQi\§ cQ p Cut |)ic quob pbic^ quer fecun^ 
 bum confuetUiJ bicteCibitaf recuperet berfu^tf 
 bt(tum defend bcDitum fuum p^ebiaum fep< 
 tuagtne quinqR iib^arum % buobecim fotib ac 
 bampna fua pbice fcjc lib^arum i buo^um 
 foUb* per 2[ur pjeti in fojma pjed affefji nee 
 non trigint Ter Colib' i rejr benar eibem quer 
 ab requidconem fuam p2o mi^ $ cuHa^ 
 M^ per ipfum circa Tea:' fuam in l^ac parte 
 appofie per Cur' |^ic be incremento abju° 
 tticat $c. 
 
 <et p;cd 2:>efemJ in conj§ f c. fuper qua 
 p^ebict' Clemen]^ €ubnt podea fcilicet tU 
 cefimo bie 3"*" Vl^X' fequeii) p^otulit ^ 
 belibcrabit p^efaf ^ofjanni (^^eentooob $ 
 3Iol)^nni JUapIep ©ic* Cibitat pjebict' quob 
 bam D?ebe ^ii)i Ulegijtf be (firroje Co?rigen^ 
 eifbem ©ic' birect' cujUiBf quibem fi^e'oi^ 
 infcript' cHr (juic ifleco^a confuf quob quibem 
 b^ebe iibem IDic' rcceperunt $ allocaUerunt 
 ibeo ^Iteriu^ p;ocd§ in bict' Cur be <l5recu* 
 cofi) jiihUii p^cb' ceftat' quouCcR (^c» 
 
 n^ 
 
 III
 
 Ill 
 
 <2:i)e %m of Co?po?auoii0» 
 
 The Titles of moft of the Corporations hi 
 England. 
 
 A. 
 
 Jhen^on. TV /\ Ajoi i & Ballivis Villas de Abendon, & e- 
 
 J[^VX orum cuilibet. 
 Ahington, Majori Ballivis & Burgenfibus Burgi fui dc A- 
 
 bmgton, decorum cuilibet falutem. 
 Abergavtny. Scnefcallo & Ballivis Henrtci Nevel Mil. Dom. 
 
 Abergavenny, Villas fuse de Abergavenny. 
 Adven. Majori oC Ballivis Villae noftrse dc Adven. & 
 
 corum cuilibet. 
 Cur Admiral. J. P. Supremae Cur' Admiralitatis Angha 
 
 ejufve Deputat' Legitimo ibidem. 
 5;. Alban. Pracclariniimo fuse cjuf- 
 
 dem locum Tenenti, aut Deputat. Senefchallo 
 
 Cur' noftroE de Record. Tent, infra Burgum S. 
 
 Albani in Com. fJertf. 
 Altter. Senefchallo Cur' de Record. Burgi noflri St. 
 
 Albani in Com' Hertf. 
 Ahlhorough. Ballivis Villas de Alborough falutem. 
 
 ^Idburgei. Senefchallo Manerii nolhi de Aldburges de 
 
 Com' Ebor. falutem. 
 Aleihury. BalliVis V^illae fuje de AUihury in Com' Buck. 
 
 falutem. 
 Andoinr. Ballivis & Burgenfibus Burgi fui de Andover, 
 
 in Com' Soutbampt. falutem. 
 Alcefler, Senefchallo Com' fir^o^, Cur' fua: de 
 
 Recordo apud Alafier In Com' H^arwickj tenen. 
 
 vel ejus Deputat. falutem. 
 Appelby. Majori Burgi fui de Appelby in Com' Wejim* 
 
 (alutem. 
 Arundel. Majori &: Burgenfibus Burgi fui de Arundel in 
 
 Com. Sujfex filutem. 
 Avendon, Majori &: Ballivis Villse noftrje d<; Avendon 
 
 in Com.j B*
 
 Cfjc XaUi of Co^po^atiotm; 
 
 II J 
 
 Banhury. 
 
 BarnHaple. 
 
 Barwkk. 
 
 BaJingHoke. 
 
 Bath. 
 
 Jitter. 
 
 Batbon. EpiJ- 
 copo. 
 
 Battle. 
 
 Bedford. 
 
 Bedwyn magn. 
 
 BerealHon. 
 
 Beverley. 
 
 Bevtrlacj. 
 
 Bewdly. 
 
 M 
 
 B. 
 
 Ajori aut ejus depurat. uno Aldermanno, 
 
 Recordatorio ye\ ejus depurat. duobus 
 
 capitalibus Burgenfibus burgi de Banbury^ in 
 Com' Oxon. vel tribus eorum falurem. 
 
 Majori Aldermantals & Burgenfibus burgi five 
 Vil!^ de Barnfiaple alias Barfiaple. 
 
 Majori Vill^e BatTvUk fupcr TweJaw. 
 
 Ballivis & Senefcallo villas de Bafingftoke \n 
 Com' Southampt. & eorum cuilibet lalucem. 
 
 Majori Recordatori Aldermannis 6c Juftic. ci- 
 vitar. noftr^ de Batbon. in Com. Somerjet^ & 
 eorum cuiliber. 
 
 Majori Juftic. 6c Recordatori Civitac. Batbon, 
 falurem. 
 
 Senefcallo five Baliivo Cur' fuse de placitis ad 
 Reverendum in Chrifto Patrem Dom' N. per^ 
 mifTlone divina Batbon 6c Wellen Epifcopus 
 perrinen. five conceff. tent* apud Gmld-baH 
 infra burgum & villam noftram de Welks in 
 com' Somerfet falurem. 
 
 Senefcallo £c Ballivis A. Brown, Milit' Dom. 
 Vicecomir' Montague liberrat. fux de Battel in 
 com. Su^'ex. 
 
 Majori Aldermaflnis Burgenfibus 6c Recorda- 
 tori burgi five villae de Bedford. 
 
 Porrgreevt, Baliivo 6c Burgenfibus burgi fua 
 de Bedwyn in com. 
 
 Majori 6c Burgenfibus burgi fui de Berealflon 
 in com. De'von. falurem. 
 
 Majori & Gubernatoribus Vill^ noftrae dc5#- 
 verley 6c eorum cuilibcr. 
 
 Majori Recordatori 6c Gubernaroribus vills 
 Beverlacy. 
 
 BaJlivo 6c Burgenfibus burgi noftri de Bewdly 
 in com. Wtgorn. 
 
 I Ballivf?
 
 J 14 €l)e Lalu of Ccjpojation^* 
 
 Balllvo & Purgcnlil-'us biirgi fulde Bewclly in 
 com' Salcf. 
 
 B'ulyford. Majoii, Aldcmannis, Burgenfibus & Recor- 
 
 datori villx fui dc Bidyford, in com. Devon. 
 falutem. 
 
 'Bdcbingley. Burgenfibus burgi fui de Blecbinplcy, in com. 
 
 Surrey falutem. 
 
 Bland ford Fo- Ballivo & Conftabulario burgi fui de Bland- 
 ram, ford Forum in com. Dorftt falutem. 
 
 Altter. Baliivo & Conftabulariis burgi fui de Bland- 
 
 ford Feium in com. Dorset, parcel Ducatus fui 
 Lancajlr. falutem. 
 
 Bcdmyn. Majori & CommunI Clerico burgi noftri de 
 
 Bodmyn In coin. Cornubia. 
 
 Burrcwhrtdg. Senefcallo burgi noftrl dc Burrowhridge in 
 com. Ehr. parcel, ducatus no ft rum Lancafir. 
 falutem. 
 
 Bofijn. Ballivo & Burgenfibus burgi fui de B(j])n in 
 
 Com. Cornub. 
 
 Bofton. Majori & Burgenfibus burgi nofti i dc Sr. Bo- 
 
 tolpho in Com. Lincoln. 
 
 Brackley. Majori & Burgenfibus burgi (ill de Brackley 
 
 in Com. Northampt. falutem. 
 
 Bridewell. Majori & Communitat. ac omnibus civibus 
 
 civit. London necnon Gubcrnatoribus pofltflion. 
 de Bridewel dc Sanft. Thcma. 
 
 Bridgnorth. Ballivos & Burgenfibus villie noftrse dc Bridg- 
 
 north & eorum ciiillbct. 
 
 Bridport, Ballivir. & Burgenfibus burgi fui de Bridport 
 
 in Com Dorfrt falutem. 
 
 Bridgwater. Majori ^ Ballivis villse fui de Bridgwater fa- 
 
 lutem. 
 
 Brifi^L Majori, Aldermannis ac Vic. clvitatls five 
 
 villae Brijioly ac Majori & Coiiftabular. ftapulze 
 ejufdem civitatis fiVe villse necnon Ballivis Ma- 
 jori Communitat. ejufdem civixat. fire villse Cur. 
 \ux toll, ac Ballivis did. Majori & Communi- 
 tat. cjafdcm civitat. five villx Cur. pedis pulve- 
 rlzat. (!< corum culllbet (alutem. Bal-
 
 Buckingham. 
 
 Burton fuper 
 Trent. 
 
 Bury St. Ed- 
 mcnds. 
 
 Cfjc %m of Co^Do^atfon^. 1 1 5- 
 
 Ballivis &: Burgenfjbus vlllce ^ux de Bucking' 
 ham in Com. Bucks falutem. 
 
 BalHvrs& Senefcallo T. Paget. Dom; Pap-et^ 
 burgi fui de Burton fuper Trent, «Sc eoriim cuili- 
 bet. 
 
 Aldcrmannis, Recordator. 6c capital, Biirgen- 
 fibus burgi noftrl de Bury S. Edmund, in Com. 
 r\o{{ro Suff^ & eorum cuiliber. 
 
 Calne. 
 
 Camelford. 
 
 Cambridg. 
 Cnnterbury. 
 Cur. palatH 
 Archiepfc. in 
 Cantuar. 
 Caresbroke. 
 
 ^ 
 
 Carleil. 
 
 Carlijle. 
 Carlmgton. 
 
 Carljon. 
 
 Cafile rifitig. 
 
 Bijl]9ps-caJ!le. 
 
 Cajlri Novi 
 fuht. Linani. 
 
 C 
 
 C. 
 
 Onftabulafio & Burgenfibus burgi fui 6t 
 Calne in com. IVtltf. 
 Major! & Burgenfibus burgi fui de Camel/lrd 
 in Com. Cornub. 
 
 Majorl & Ballivii villai Cantabrl 
 
 SenefcaHo Llbertar. J. Dora. Archleplfcopi 
 Cur. Palatii infra civitac. Canfuar. 
 
 Clariflimo Confan^uino Hio He com. South'' 
 ampt. Corftabulario cnftrj fui de Caresbrook in 
 com. Scut hampt. vel ejus Ivorum tencniij ac Por* 
 tatori five ejus Depurat. ibidem. 
 
 Mijori & BaJlivis \'i\lx de Carleil in com*' 
 Cumb. &c eorum cuilibetfilucei-n. 
 
 Majori & Ballivis civirar. Carlijle fdlutem. 
 
 Majori & Burgenfibus burgi fui de Carlinftort 
 in com. 
 
 Majori & Ballivis vilJ« de Carlyon^ 6C coiuna 
 cnilibsr. 
 
 Majori t< Burgcnubu3 vlll, fu.'e de C.ifle-' 
 rififjg. 
 
 Ballivo & Burgenfibus vill. caftri Epifc )pu3 in 
 Com. Salop, falutem. 
 
 Majori & Burgenfibus burgi iui Novi Cafiri 
 Subfer Lmam in com. Sta^'. 
 
 Mijori
 
 ii6 COe LatD of Corporation's* 
 
 Caflri Novi Majori & vill. Caflri novi fuper 
 
 fupcr Tin. Tmam in com. J^orthtmb. 
 
 Chffier. Majori &: Civibus civirat. Cefirie in com. 
 
 Palat. 
 Chayford Stan- PracclaTidlmo confangulneo fuo l-F. com, Tcm- * 
 narieu brook camerario hofpir. fui, pixclari ordinis Gar- 
 
 rcrii Milit. cuftotii Stannar, in com. Devon. 6c 
 
 Ccrnub. capiraii Senefcallo totius Ducat. Vic. 
 
 vSuWtntfc. Dcpurar. five ejus locum tencn. cur. 
 
 Star.nar. de Cbaford in com. Dc'von. (alutem. 
 CheltenLam. Capitali SencicaHo B^llivo &Seclatoribus ma- 
 
 neril, burgi live viliae de Cbeltenham nccnorj 
 
 cullod Gaolae noftie ibidem. 
 CJjipftrg-JVy. Majori Ball! vis & Burgcnfibus de Ckipftng- 
 
 ccmh U'}comb. 
 
 CicpfiDW. Senefcallo & Ballivis villiE de CkepftoTV in com. 
 
 Aiortmouth. 
 CLifphg Ham- Ballivis 6^ BLH-genfibug burgi noftri de Cbff- ' 
 der7, fing- Hamden in com. Gloc. 
 
 Cipping- Nortin. Ballivis, Senefcallo five communi Clerico vel 
 
 Dcputat. ejus burgi five villx de Cbippmg-Nor- 
 
 ton in com. Oxov. falutem. 
 Chr if -church. Majori dcBurgenfibus burgi (ui dc Cbrifi- church 
 
 in com. Southampt. 
 Cirevccfier. Majori, A Idcrmannis & civibus civitar.C/ay?. 
 
 Lw(jtu:V*rn. Dile(5lo & fideli confiliar. noftro Ed. Dom. 
 
 Z Conftabular. caftri noftri Dover cuftodi^Can- 
 
 ccllario & Admirallo Quin^j Vortuum noftrorum 
 
 & mcmbrorum eorundem five ejus locum tenenti, 
 
 vel Deputat. ibidem (alutem. 
 Clifton, Majori, Balllvo & Burgenfibus burgi fui de 
 
 Clifton Dartmouth Ilardnes in com. Devon, fi- 
 
 lutem. 
 Clwck. Senefcallo cur. liberratis Reverend! in Cbrillo 
 
 Patiis Dom. Tbo. Epifc, Wmton. manerii lui de 
 
 Southwark. 
 Clithcro. Euliiv'o burqi fui deClithero in com Lane afi. 
 
 Colchejler's Ballivis villcc de Cvlcbejler. 
 
 Gardi*
 
 Cbe LaiiJ of Co3po^iiion£J. 1^7 
 
 CoUjUld Sut- Gardiano& Societati villas noil riE de Sutton 
 
 ton. Coldfield in com. War. 
 
 Coventry. Majori & Ballivis clvitar. Co^ventr. in com. 
 
 War. 
 CrickfadCf Ballivo & Burgenfibus burgi fui de Crkklade 
 
 in com. Wilts. 
 
 D. 
 
 Dartmouih. TV .TAjori, Palllvo (^ Buroenfibus de Clifton 
 
 l^ X Dartmouth Hardna in com. Devon. 
 Daventry. Baiiivo, Burgenfibus &: Communitati de burgo 
 
 de Daventry in com. Northof/jpt. falutem. 
 Denbigh. Ballivis 6c Recordatori burgi live villa: de Deit' 
 
 high. 
 Derby. Ballivis, Recordatorum & Burgenfibus villx 
 
 fui burgi de Derby in com. Derby & corum ciri- 
 
 libet ftlurem. 
 Devifes. Majori^ Ballivis & Burgenfibus burgi noftri 
 
 de Devifes. 
 Doncafier. Majori & Recordatori villx de Doncafier & 
 
 eorUm cuilibet. 
 Donwich. Ballivis vill. five burgi de Donwicb in com. 
 
 Suffolk. 
 Dorchejter. Ballivo & Recordatori burgi fiii de Dorchefier 
 
 in com. Dorfet. 
 Dover. Conftabulario noftio caftri noftri de Dover in 
 
 com. Cane, infra libertates QLiinqi Portuum five 
 
 Deputat. ejus ibid, feu eorum altcri. 
 DoTvnton. Conftabularlo & Burgenfibus burgi fui Dow- 
 
 ton in com. 
 Donivick. Ballivis burgi five villse de DanTvick in com. 
 
 Suff. (alutem. 
 Droitwlch. Ballivis 6r burgenfibus burgi fui de Droifjvicb 
 
 in com. VVigorn. 
 Durham. Reverendo in Chrifto Patrl A.B. providentia 
 
 divina Dunelm. Epifeopo auc ejus locum tenenti 
 
 ibid, falutem. 
 t I^ E
 
 n8 
 
 ^DeHniuof Co^poiat«Mt0» 
 
 E. 
 
 £<7/.Gy/f»y?f^. T3 AUivo & Birrgenfibus burgi fui de Eaff" 
 
 |J Grin(}ea^'m com. SuJJ'ex. 
 "EaJl-Lo-iV. Majori &l Burgenfibus burgi fui de EaH-lotv 
 
 in com. Ccrtitib. 
 Eafi-StretforJ. Ballivis vill^ fux de Ea]}-Strctf«rd in eom. 
 
 Kotting. 
 Ehor. cix/itas. Majori, Aldermannis & Vic' clvitat. Ehor. 
 St.FctriEbor. Sene(callo cur. libertatis Drcani & Capitali 
 
 Eccl. Cathedralis S. Vetri^ Ebsr. 
 Hy, Juftlc. Epifcop. Elien. ad placira infra Infulam 
 
 Elien. tenend, ac Senefcallo ejufdem Epifcopi in- 
 fra libertat. infulae pried. & eorum cuilibet fa- 
 
 lutem. 
 Evcrmcutb. Majori & Burgenfibus villsc (ux de Ever- 
 
 V2cuth in com. Scathamft. 
 Evefjam. Majori & Burgenfibus burgi fui de Evejliam m 
 
 com. Vf^isrorn. &cc. 
 Ejcen, Majori & Ballivis clvitatis fui Exon. in com. 
 
 Devon, ac Billivis Cur. provoft ejufdem civitat^ 
 
 & eorum cuiliber. 
 Eje, Ballig/is noftri villa: & biirgi de Ey^. 
 
 E 
 
 Farnham. T3 Alliyis burgi &c villas de Farnbam in com* 
 
 X) Surrey. 
 'yiHt&r. Senefcallo Cur. caflri Rcverendi in Chrifto 
 
 Patri Dom. L. yFtnton. Epifcop. Manerii fui de 
 
 FarnhaiTJ. 
 Fleet. Guardiano Prifonie noftrse de le Fleets Ove 
 
 pjufoem locum tenenr. falurem. 
 Fcrdington Ad airiam Carolt^ principis VValliat Duds 
 
 Cornub. Comitis Cafir. 3c Flmt. Manerii fiii de 
 
 FordiJigion in com, Dorfet. 
 '^ija^j. Pr<Tpnfiris & Burgenfibus burgi fui de Foway 
 
 in com, Corn:ib, i^iutcrn. Oi.
 
 €\)Z latu of Co?po2ntioiis>. 
 
 119 
 
 G. 
 
 Gate-houfe A^Uftodl noftri de le Gatehoufe infra Wefimc- 
 JVefiminfter. ^^ nafierium. 
 
 Gatton. Burgenfibus burgl fui de Gatton In com.Surrey. 
 
 Gillinghami Senelcallo Curias fuas de Gillingham in com, 
 
 Dorfet^ hac vice fede Archiepifcopl Cantuar. jam 
 
 vacante ejus Deputat. ibidem. 
 GjrpDvicam. Balllvis villas (ux Gipovici, vel de Ipfwicb in 
 
 com. Sujf. falutem* 
 Glafionhery. Cunx. libertatis Dom. Regis de Glaftonbuj in 
 
 com. Somerfet. 
 Glocefier. Major I, Aldormannls & vie' civitatis noflras 
 
 dc Glocefier. 
 Grampound. Majorl & Burgenfibus burgi fui de Grampound 
 
 in com. Cornub. 
 Grantham. Aldermanno & Burgenfibus vill^e de Graft' 
 
 thatn in com. Lincoln, (alutera. 
 
 PraepolTt. jurat. & capital. Inhablrant. vllla- 
 Gravejend and rum & paroch. de Gravefend 6c Milton in com. 
 Milton. 
 E aft -Green- 
 ftead. 
 Grimsby. 
 
 Guilford. 
 
 Hartpooh 
 
 Hafelmere^ 
 
 Hatfield. 
 Heljtoni 
 
 Cane. 
 
 Ballivo 5c Burgenfibus burgi fui de EaH- 
 GreenHcd In com. Sujjex (alutem. 
 
 Majorl & Burgenfibus villas fu^ magni GrimJ- 
 by in com. Lincoh. 
 
 Majorl & probis hominibus vill^ noftra: de 
 Guilford. 
 
 H. 
 
 MAjori & Burgenfibus burgi fui de Hartpool 
 infra Epifcopatum Dunelm. 
 Burgenfibus burgi fui de Hafelmere In ccm. 
 Surry. 
 
 Ad Curiam Manerli noftri dc Hatfield m com. 
 Majori & Burgenfibus bu,rgi noftri de Hcl/hn 
 in com. Cornub. 
 
 I 4 Eallivis
 
 lio flU LalD of CojpoMtions. 
 
 Hcnly upon Balllvis, Gardian. Burpcnfibus &: Communi- 
 
 Thames. tar. villac dc Henley fuper Jbamefin \\\ com.Berks. 
 
 ialutcm. 
 Hereford. Major i, Aldermannls & Cixibus civltatis no- 
 
 Ilrs Hertford. 
 Htravich. Majoii & Scnefcallo burglfuf Herwid. 
 
 Hertford. M.ijori & capital. Burgenfibus buigi noftrl de 
 
 Hertford nccnon Senefcallo Curix noflri deRc- 
 
 cordatnri, ibidem. 
 He.XMTt. Senefcallo Oir. fux de Hexam in com. Wefi- 
 
 w or I and. 
 HeydoTi. M..jori& ballivis vill. fuae de Hey don in Hot- 
 
 derncjs in com. Ebor. 
 Heyteiburg. Ballivo & Bargeniibus burgi fui de Heytef- 
 
 burg in com. falutem. 
 
 Higbar/j' ferns. Majori & Aldermannis vill. noftri de Higham- 
 
 Ferrti in com. Northawpt. & eorum cuiliber. 
 Horfham. Majori & Burgenfibus burgi fui de Horjham in 
 
 com. Suflex faluteai. 
 Huntington. Qu. 
 
 I. 
 
 yernmouth. TJAllivis villas five burgi noflri magnge jF^y- 
 
 |j nemsutb. 
 St. Jermms. Prepofito & Senefcallo burgi de St. Jertnins 
 
 in com. Cornub. 
 Inful. Elien. Jufticiarl noflris ad placlta infra Inful. Elien. 
 
 in com. Cantabr. tenend. AHignat. 
 St. Ives. Prepofir. & Burgenfibus burgi fui de St, Ives 
 
 in com. Cornub. 
 Jpfwicb. Ballivo vill. fuse de Ipfivich in com. Suffolk 
 
 fdlutem. 
 Jufiic B. R. J. L. Mil. Capital. J^^fl:Ic. nollro ad placita 
 coram nobis tenend. AfTignac* 
 
 7'. //. Uni Jufliciarium' noftrorum ad placita 
 coram nobis tenend. d^c. 
 Jujl'* de Bar.co. H. H. Mil. U Bar. capitali Jufliciarium no- 
 flio de Banco. 
 
 R. H. Mil. uni jufliciarum noflr. de Banco. 
 
 K.
 
 COe lalu of Ca^po^it(oii0^ 
 
 121 
 
 St. Katherins 
 prope Turrim. 
 Lond. 
 
 j^liter. 
 
 Kendall. 
 Ktrkby- Kendal. 
 Kw^sNortdm. 
 
 KtngHon fuper 
 Hull. 
 
 Kingfton upon 
 Thames. 
 
 K. 
 
 SEnefcallOiMagiftr. five Cuftod. Hofpiral. five 
 liber. CapelL S. Katherwte prope Turrim 
 London^ ftu ejus locumtenenci ibidem. 
 
 Senefcallo liberrar. Magiftr. Fratrum & Soro- 
 rum & Capel. in Ecclefia Hofpit. S. Katherins 
 virginis & martyris prope Londoriy cur. noftr. 
 ibidem necnon Ballivo cjufdem. 
 
 Ballivis manerii nollri de Kendal in com. We^^- 
 tnerland. 
 
 Aldermanno, Recordatori & Burgenfibus bur- 
 gi de Ktrkby- Kendal in com. VyejlTnerland, 
 
 Senefcallo, Ballivo & Se6Vatoribus cur. mane- 
 rii de Kings- Nonon in com. Wigorn. & eorum 
 cuilibet. 
 
 Maiori & Vic. vill. noftras de Kingfton fuper 
 HuU." ;' 
 
 Ballivis & Senefcallo Cur. noftrse de KingHcn 
 fuper Thame/tny & in abfentia di6ti Senefcallo, 
 Ballivis & JRecordatori ejufdem villiC five duobus 
 eorum falurem. 
 
 L. 
 
 Lancajt. burg. T\ /T Ajor 1 & Ballivo burgl ful Lancajter m 
 
 com. Lane after. 
 
 Majori & Communitatisburgifuide Lance fion^ 
 alias Dqivnae'vet. 
 Lanceft on alias Senefcallo &: Ballivo Cur. feod. Caftri noflri 
 I^Jcwport. Lancefion parcel. Ducat, noftrl Cornub. 
 
 Ballivo iuo burgi fui de Ledbury in com. 
 . necnon judiclbus cur. ejufdem burgi falutem. 
 Majori, Ballivis & Burgenfibus burgi fui de 
 Leicefler. 
 
 Majori &: Burgenfibus vlllx Leic^jler, 
 
 Lfiunceflon. 
 
 Ledbury. 
 Leicefier, 
 
 Bj^UIvIs
 
 1 11 Clje lalu of Cor^po^ation^. 
 
 Lewpfter. Ijillivis & Riirgcnfibus burgi iui dc Leomtn- 
 
 fier in com. Iltref. falutcm. 
 Leverpocl. Majori & Aldcrmanno villae fux de LeverpooJ 
 
 in com. Lancafier. 
 Lores. Conftabulario & Burgenfibus burgi ful de 
 
 Lewes in com. Sujfex falutem. 
 L'ulforil. Majori & Burgenfibus burgi de LuiforJ. 
 
 Lincoln. Majori vie. &: civibus civir. fui Lincoln. 
 
 Liskarret. Majori & Burgenfibus burgi de Liskarret. 
 
 Litchfield. Ballivis, Burgenfibus & Civibus civitar. Ljtch- 
 
 field. ^ 
 London. Majori, Aldermanno, ac Vic. London, & eo- 
 
 rum cuilibet falutcm. 
 Lofiwicb. Majori & Burgenfibus burgi fui de Loftwi^h 
 
 in com. Cornuh. 
 Ludgcr^iall. Burgcnfilyus burgi fui de Ludgerfl^all in com. 
 
 Wilts falutcm. 
 Ludlow. Ballivo villas de Lndlow in com. Salop. 
 
 Lymington. Majori & Burgenfibus burgi fui de Liming" 
 
 ion in com. Southampt. 
 Lyn Eptfc. Majori vill^ de Z/« Epifc. in com. 
 
 Lyn Regis in Majori villse noftr. de Lyn Regis in com. 
 
 Dorfet. Dorfet. 
 
 Lyn Regts» Majori & Recordatori villse five burgi fiii de 
 
 Lyn Regis in com. Norfolk & eorum utrique. 
 
 M. 
 
 Maidenhead. #^ i Ardiano, P:)ntlnar. Burgenf & Commii- 
 
 vj nitat. villac de Maidenhead in com. Berks 
 
 falutem. 
 Mtudfion. Majori villae & paroch* de Maidjtom. 
 
 Mdden. Ballivis vill« Ilkc de Maiden in com. ££ex. 
 
 Mdmsbury. Aldermannis & Burgenfibus burgi fui de 
 
 Malmsbury in com. J^lts falutem. 
 Mandivile* Scnefcallo oc Ballivo honoris de Mandevile 
 
 parcel 1 Duc-ir. L^tncarir. filatem. 
 Marlborough. Majori & Buige«fibus burgi five vilise de 
 
 Murlkrotigh m c ' i. Wilts. Marr.
 
 Mar. Maref. 
 
 coram nobit. 
 Marr. Hofptt. 
 
 Alar(hals Court 
 or Ferge Conrt. 
 
 S. Martins le 
 Grand London. 
 
 MelcoTfib Re^is 
 Weymouth, c^ 
 Melcomb Regis 
 
 Michael, 
 
 MidhurH* 
 
 Monmouth. 
 Morpeth. 
 
 Mynhead. 
 
 Clje 'HaUi Of Co2po^itfonj?. 1x3 
 
 Marr. Marefcal Cur. nollr. coram nobis five 
 ejus Deputat. 
 
 Judlcibus curiae virg. hofpltii noftri, vel ejus 
 Deputat. ibidem, falutera. 
 
 oencrcallo Cur. Marefcal. hofpitii noftri, ac 
 marr. noftro ejufdem hofpiti, necnon Judiclbus 
 curiae noftr. Virg. hofpitii praed. & eorum Depu- 
 tax. ibidem. 
 
 Senefcallo Decani & Capituli EccleC CoIIegiat. 
 bearri Petri Weftra. Cur. libercatis fuie five prae- 
 cin6t. San<5ti Marttni le Grand London^ & Con- 
 ftabular. ibidem falurem. 
 
 Majori vili. fiiie de Melcomb Regis. 
 
 Majori, Aldermannis, Ballivis, Burgenfibuscc 
 Gommunitat. villae de IVeymouth-, & Melcomb 
 Rfgis in com. Dorfet. 
 
 Prsepofit. & Gommunitat, Byrgi fui Michaelis 
 in com. Cor»«^. falutem, 
 
 Ballivo & Burgenfibus burgi ful de Midhurfi 
 in com. SuJJ'ex. 
 
 Majori & Ballivis villae fu9&<ie Monmouth. 
 
 Ballifis & Burgenfibus burgi (ui de Morpeth \\\ 
 com. Northumb. 
 
 Pr^pofit. & Burgenf burgi noftri de Mynhead 
 in com. Somerfet. 
 
 N.- 
 
 Newark upon TV ^ ^j^" ^ Aldermannis villas de Newark 
 Trent. X. ▼ X I'^per Trent in com. Notting. 
 
 Ni'wherry. Majori, Aldermannis & Burgenf^ burgi de 
 
 Hewberry in com. Berks. 
 Newport. Majori &; Ballivis vill. five burgi de Newpor,t 
 
 in com. Southampton. 
 Newton. Ballivo 8c Burgenfibus burgi fui de Newton 
 
 in com. Lancafir. . 
 Northampton. Majori & Ballivis vill, Northampton In com. 
 
 Northampton, 
 
 Majeri
 
 114 ^Oc Lalu of (I^oipo^^tlolt5. 
 
 Scrwicb. Majori, Aldermannis dc Vic. Civitatis Nor- 
 
 wict in com. Ncrfclk. 
 Nottingham. Majori Aldermannis & Vice Comitibus villa: 
 
 Nfttmgbam in com. Not. 
 Nl'V Cajirum Majori, Aldermannis & Vic. vilLNo-vi-C^a/ri 
 fuper Ttnam. fuper Ttnam in Com. Nortbumb. 
 Nov. Ca(irum. Majori &■ Burgcnfibus burgi (ui Novi Cajlri 
 fubter Linam. fubrer Lmam in com. Staff. 
 
 O 
 
 Ofwefiry villa. TJ Allivis& ScnefLailo viilaede Ofweflry in com- 
 
 j3 Salop. 
 Orford. Majori Sc Porcmannis vill. de Orford in com. 
 
 Suff 
 Oxon. Civtt. Majori & Ballivis civicatls Oxon. in com. 
 
 Oxon. 
 Oxon. Univerf Vice-Cancellarlo Academiae Oxo?i. 
 
 P. 
 
 Tfldflow. Ty ^Ajori & burgenf. burgi noftri de Tadftow 
 
 X V JL in com . Cornub. 
 Ttmbridge. Ballivo & Senefcallo villae feu burgi de Tem- 
 
 bridge in com. 
 Peterborough. Senefcallo Cur. Decani &: Capltul. Ecclefias 
 
 Cathedral. Civiratisdeburgo SanAi Petrijin com. 
 
 Northampt. & Burgcnfibus ejufdem civitac & 
 
 eorum cuilibet. 
 Fetersfitld. Majori & Communital| burgi fuide Vetersfield 
 
 in com. Southamp. * * 
 
 Pickering. Ballivis & Se6latoribus Cur. noftri de Picke- 
 
 ring in com. Ebor. 
 Pljmtoo. Majori, Ballivis 8c Burgcnfibus burgi fui de 
 
 Plymton Maris in com. Devon, falurem. 
 Plymouth. Majori & Communitati Burgi fui de Plymouth 
 
 in com. Devon. 
 
 Majori
 
 ^Oe Xaui of Co^po^ation^* 1 1^ 
 
 Potttfracf. Majori vill. fux de Pontfraci, in com. Ebor. 
 
 parcel* Ducar. Lavcafir. 
 Aliter, Ad cur. honoris ncftri de Tontfra^. in com. 
 
 EW. parcel Ducar. Lanccftr. 
 Pool, Majori vlll. dc Pool, & Seniori Ballivorum ejvjf- 
 
 dem villie. 
 Poirtfmouth. Majori Aldermannis & Burgeniibus viJI. de 
 
 Port/mouth. 
 Pre/Ion. Majori & Balllyis vill. five burgi fui de Prejlon 
 
 in Lancafir. 
 Cur. Palatii. Judicibus cur. Palatii noftrl Wefirninjt, & eorum 
 
 cuilibet. 
 
 Quinhorough. 
 
 Reading. 
 
 Richmond. 
 
 Rillaton. 
 
 Ripfon. 
 
 Roche/ler. 
 Rumney. 
 
 Rfgate. 
 
 M 
 
 Q 
 
 Ajori & Burgenfibus burgi fui dc Qui»^ 
 borough in com. Cane. 
 
 R. 
 
 M Ajori, Aldermannis & Burgenfibus burgi 
 de Reading in com. Berks. 
 
 Aldermannis, Recordatori & Biygenfibus burgi 
 noftri de Richmond in com. £^er. 
 
 Senefcallo, Decemar' & Pr;^pcfir. ac Hberij 
 tenentibus maneril fui de Rillaton parcel, ducar. fui 
 Cornub. 
 
 Senefcallo & Ballivis libertatls cur. canon, nu- 
 per canonicorum & capital. Ecclefis Collegiar, 
 de Rtppon in com. Ebor. parcel. Dacac. noftri 
 Lave. 
 
 Majori, Aldermannis & Civibus civitatls no- 
 flrje Kojj'en. in com. Cane, falutem. 
 
 Ballivis & Jurat, de Ruwnej/'Mar^n in com. 
 Cane. 
 
 BalHvo & Burgenfibus burgi fui de Rjgate in 
 com. Sjtrrjft 
 
 Majori
 
 1 16 CIic KLa\u of Co^po^ation^. 
 
 Rumfej. Major! & Rccordatori, vel ejus Deputat, & 
 
 Alderm. villa: de Rumfey infra & eorum cuilibec 
 falutcm. 
 
 S. 
 
 Salop or 13 A-Uivis vlllx noftrx Salop, in com. Salop. 
 
 ShreWibury. -t-^ falutem. 
 
 Ctvttat. Nuva Baliivis llbcrtat. Epifc. Sarum civitatis novas 
 
 Sarum. Sarum. 
 
 Old Sarum. Burgenfibus burgi fui vcterls Sarum in com. 
 
 wdts. 
 
 Le Savoy extra Ballivo libertat. Dom. Regis Ducat, fui Lane. 
 
 Temple-Bar. apud le 5r;vj:«rtincom. Midd. 
 
 Scarborough. Baliivis vill noftras de Scarborough five Scar- 
 
 hurg in com. Ebor. 
 Shaft sbury. Majori & Burgenfibus burgi fui de Shaft sbury 
 
 in com. Dorfet. 
 Shafton. Majori, Recordatori & Burgenfibus Burgi de 
 
 Shaft on in com. Dorfet. 
 Shm-eham. Conftabulario diC Burgenfibus burgi fui de 
 
 Shoreham in coir). Lane. 
 St. Jermim. Priepofit. & Sencfcallo burgi de Sr. Jermins m 
 
 com. Cotnub. 
 SouthmQuluon. Majori &: capital, burgenfibus vill. fu.^ Souih- 
 
 molton. 
 Southcld. Baliivis & Burgenfilxis libcrtatis villas de 
 
 Soutbold. 
 Southampton. Majori & Baliivis villas fuaa de Southampton, 
 fitter. Majori & BalliVis villx noftrje Southampton^ 
 
 cur. fose pedis pulverizat. ibid. Necnon Cuflod. 
 
 Gaol, noftias infra eandem villam ejufdem Depu- 
 
 tat. ibid.& eorum cuilibct. 
 Southwark Scnefcallo cur. libertat. reverendi in Chrifto 
 
 Mancr. Patris B. Winton. Epifcop. mancrii fui de Svutb- 
 
 Wgrk in com. Surry. 
 
 Scncf*
 
 C6c tm of Co?paiattau0» 1 27 
 
 Southwark Senefcalb Cur. Libertat. MajorJs Communi- 
 
 Burrougb, tatis ac civfum London burgi fui de South' 
 
 ivarh. 
 Stafford. BalUvis & Burgenfibus Burgi de Stafford. 
 
 Stamford. Aldermannis & Burgenfibus viilie fua: de Stam- 
 
 ford in com. Lincoln. 
 StefJtey. Senefcallo prasnobilis T. W. maneril ftii de StC' 
 
 bttnheath. 
 Steyning. Conftabulario & BurgerX burgi fui de Steyw 
 
 ing in com. — — 
 S tod bridge. BalUvo & Burgenfibus burgi (iii de Stock' 
 
 bridge in com, Soutbampt. 
 Stretford Eaft. Balliris viUtE iux de Kaft-Stretford in com. 
 
 J^ot. 
 Sudhury. Majori, Aldermannis, Burgenfibus ac Sene- 
 
 fcallo burgi five villas de Sudbury in com. Suff, 
 
 dc eorum cuilibec falutcm. 
 SuttonColdfidd. Gardiano & Societati vlll^ Reg. de Sutton 
 
 Coldfeld (alutem. 
 
 T. ' 
 
 Tojnworth. "O AUivis vill. noftrae de Tamwortb in comi 
 
 J3 Staff. ^ War. 
 TAvefioek. Senefcallo five Ballivo F. comic. Bedford liber- 
 
 tat. fijx de Tavefiock. 
 Taunton. Ballivo reverend, in Chrifto Patr. T. Epifcop. 
 
 Winton. libertat. (ux de Taunton & Taunton- 
 
 Dean. 
 Teivhbitryt Ballivo Burgenfibus & coramunitat. burgi fui 
 
 de Tewkibury. 
 Thackfied^ Majori Bullivis & comraunitat, burgi de 
 
 Tbackfied in com. Effex & eorum cuilibet ia- 
 
 lutem. 
 Thctford, Majori & Recordatori burgi noftri de Thetford 
 
 in com. Norf. 
 Thuike. Burgenfibus burgi fui de Thttike in com* 
 
 Eboruffi, 
 
 Majori
 
 riS' ^l)C llalu of Corporations* 
 
 Ton'initon Majjrl, Aldcrmiiinis & Burgenlibus burgi 
 
 mavna. ^iv'e villa: dc Torrington Magna. 
 
 filter. Majori, Aldcrmannis, Capital. Burgenfibus & 
 
 Senefcallo burgi five villa: dc Torrtngton Magna 
 
 in com. Devon. 
 Totnefi' Major! & Burgcnfibus burgi de Totnefs & eo- 
 
 rum cuilibct. 
 Trebcnin. Majori & Burgenfibus burgi fui de Trehemn, 
 
 alias Boffini in com. Cornnb. 
 Tngoni. Senefcallo & Ballivo H. P. manerii fui deTri- 
 
 goni in com. Cornub. 
 Trellcck. Majori &: Ballivis W. com. Pembrookj v\\\x 
 
 fja; de Trellock in com. Cornub. 
 Truro. Majori & Burgenfibus burgi fui de Truro in 
 
 com. Cornwal. 
 Turrit London: IV. IV. militi Conftabular. locum tencnti Tur- 
 rit London. Necrron Senefcallo Cur. cjufdem & 
 
 eorum utrique. 
 
 V. 
 
 Vtcrgz or Mar- OEnefcallo cur. Marefc. Hofpitii noftri ac 
 jhitjea-Court. iJ Marefcallo noftro ejufdem hofpicii noftri, 
 
 necnon Judicibus cur. noftr. ViergCj & eorum 
 
 cuiliber. 
 Usike. ^Priepofitis & Ballivis villie five burgi dcUtke. 
 
 W. 
 
 Waitd. T> Alllvis & Se<^atoribus cur fua: de Waitel. 
 
 W^ake field. -■-^ Ad cur. manerii noftri de Wakefield m 
 
 com. 
 
 U'alden. Ebor. Thefaur. & Camerar. villa: noltr^ de 
 
 Waldtn in com. Ejjex. 
 IKiillingfcrd. Majori, Alder.mannis & Recordatori burgi 
 
 five vill. dc Wallingford in com. Berks & eorum 
 
 cuilibet falutcm. 
 iralfal Majori 
 
 Ballivis
 
 €^60 KlaUJ of €Q2po2^ttom. lap 
 
 JVarivick. Ballivi5 & Recordatori biirgi noftri Warwki 
 
 in com. JVarivick. 
 Weymouth, Majori, Aldermannis, Ballivis & Burgenfibus 
 
 & Communicat. vill. de Weymouth 6c Melcomb 
 
 Regis in com. Dorfet. 
 Welli. Senefcallo five Balllvo cur. noftr. de placlr. ad 
 
 Rev^erend . in Chrifto Parrem Dom. J. permil^ 
 
 fione Divina Bathon. & WeJIen. Epifc. perrirl. 
 
 five concefT. tanc. apud Guild hali infra burguci 
 
 & villam noftram de Wells in com. noftro So' 
 
 merfet. 
 Wenlock. Ballivo & Senefchail. vill. libcrtat. de Wenlock 
 
 magna in com. Salo^. 
 Wefihttrg. Majori Sc Burgenf/bus Burgi fui de Wefihurg 
 
 in com. 
 Wefim. Civit. Ballivo libertat. Decani & capituli. Ecclafiae 
 
 Colkgiar. bead Petri Weftm, 
 Wefimin, Dean Ballivo libertar. Decani & Capituli Ecclefias 
 & Cap. Collegiar. bead Petri Weftm. 
 
 Wickham. 
 Wigmore, Senefcallo & Ballivo villas five burgi de Wig^ 
 
 more in com. Heref. 
 Wincbdfea. Majori, Jurat. & Communitat. antlqus vilIaE 
 
 de Winchelfea unius quincjUe Portuum noftroruns 
 
 lalutem. 
 liova Windfor. Majori, Ballivis & Burgenfibus villae five burgi 
 
 noftri de Nova Windfor & eorum in com. Berks. 
 Aliter. Majori, Aldermannis* Ballivii & Subfenefcallo 
 
 burgi fui de Nova Windfor & eorum cuilibet. 
 Wmcbefter. Majori, Recordatori vel ejus Deputat. & BalL 
 
 civltar. noftr. Wmton & eorum cuilibct. 
 Woodjiock. Majori vill. fux de Nova Woodfiock. 
 
 Aliter. Majori 5c Communitat. Burgi de Novo Wood" 
 
 fiock. 
 Worcefter, Majori* Recordatori & Aldermannis civitatis 
 
 noflrse Worcffier. 
 Worham, Majori 6i Burgenfibus burgi fui de Warham 
 
 in com. Dorfet, 
 
 ^ Ea'.livls
 
 I yj €fjc Latu of Co^po^itioujJ* 
 
 IVotltnv. Ballivls villae i.\clVotlciv. 
 
 WcotteH-BajJa. Major! & Burgeiifibus burgi de IVoolton-BaJfet 
 
 in com. JVtlts & eorum cuilibet. 
 Ifrrue!. Baliivis & Scdatoribus cur. fua; dc IVrittel in 
 
 corn. 
 f*yr Scnefcallo & Ballivo H. C. Nobi!. Ordinis 
 
 Garterii Milit. Dom. Hunfdon Regalis manerii fiii 
 
 de Hye in com. Cane. & eorum cuilibet falutcm, 
 
 y. 
 
 Yvrk. Vide Eborum. 
 
 Note, Some of the Titles of theft Corpora- 
 tions peraJventure are altered in fome 
 particular J by reafon of renetving their 
 Charters and having larger Grants^ by 
 •jvhuh they are incorporated a-neiVj of 
 which the Attorney mttft the beH he can 
 inform himfelf. The be ft way to be in- 
 formed of the true and certain Direct ions.^ 
 is to repair to the Curjitor of the CeuJUy 
 where the Corporation is. 
 
 CAR
 
 Cfje lain of Cojpo^atianis* r^r 
 
 CAP. IX. 
 
 Of Actions brought by Corporations 
 and againft Corporations, and 
 Pleadings. 
 
 A Tarfon, Archdeacoii, &c. may have AtlioTi of ^ 
 
 Waft e J and how the Writ (Jjall he. They (hall 
 have Aid. If the efjential Name of the Corpo- 
 ration be named in the Atiion it is fufficient. In 
 EjeBment upon a Leafe by the Warden ^ &c. is 
 good •without naming his Chrijlian Name. Alitcr 
 of a Varfon, t^tcar. Sec. Action againfi a Cor- 
 poration for not taking Bail. ABion of Cove» 
 nant brought by Lincoln againft Derby. Cor- 
 poration anf'iVerable for -what is done by thctr 
 Officer. When an AB'ion is brought againjl a 
 Cotporation^ and againfi the Inhabitants of a 
 Village^ the difference as to naming them. In 
 Faux Imprifonment againft the Mayor, &c. ef 
 Norwich, the Original was direBed to the Coro" 
 ners of the faid City. The Form of the Writ ta 
 a real A^ion by a Corporation y and faith not ui 
 jus & hseredirarem. Officer of an Inferior Caurt 
 where he jufttfies Proceedings ought to fhew their 
 JurifdiBton^ \. e. whether by Grant or Frefcri- 
 ption, Profert Literas Patentes, where it need 
 not be. Writ o/" Frank Almoignt by the Cuftos, 
 &c. 0/ All Souls C(pi7f£e, bow ii ought to be in 
 Jure .Collegii omitted. In Declaration jljews 
 not the nttmher of the Guardians which were ap" 
 pointed jy the Charter. Where a Grant Jhould bs ... 
 pleaded by ii'ay of Bargain and Sale and not at a 
 Grant. In Pleading the Defendant Jaith not it 
 was Antiaua Civitas. The Plapitiffi declares a- 
 K % gauiji
 
 iji d)e Lata of Cojpo^attonjs* 
 
 gainjl ]. S. «« Cufiody of the Serjeant, and it 
 appears not that the Serjeant bad any Frecept to 
 arrefl him, the Defendant appears and demurs 
 upon the Declaration. Corporation cannot pre- 
 jcribe by a Name which they have received 
 ivttbin time of Memory. Civibus omitted in the 
 Judgment, All necejjary Circumliances intended 
 to be executed. Sctjed in Fee and (in jure left 
 cut). Per Nomcn. An Averment jujjicient to 
 fie'w the Name of the Corporation, and the Name 
 tn the Leafe or Grant are all one in Subftance, 
 Where it need not be exprejs^d that the Debt did 
 arl/e Infra Jurifdi^lionem. But if he tender the 
 Flea and thej refufe^ it''s Error. Three Frejidents 
 cf pleading Recovery in an Inferior Court, tn A' 
 ctions of Trefpajs for taking Goodsy and Faux 
 Imprifonment. 
 
 A 
 
 Parfon, Vicar, Archdeacon, Prebendary, 
 Waflf. / \ and the like, may have an A6lion of 
 
 Wafte, and the Writ fliall fay, Ad ex- 
 bixredationem Ecclefta, dfc. ipftus B. or Frebend. 
 iff us, &c. A Parfbn that accepts a Leale for Lile 
 fliall have a Confimili Cafu during the Life of the 
 Lcffee, and a Writ of Entry adCommunem Legem 
 after his Death, or a Writ ad terminum cjui prate- 
 riitf or a quod permittatf in the debet ^ and none can 
 maintain any of thele Writs but a Tenant in Fee- 
 flmple or Fee- tail. 
 
 In a real A6tion a Parfbn, Vicar, Archdeacon, 
 ^'^- Prebendary, &c. (hall have Aid of the Patron and 
 
 Ordinary, as Tenant for Life fhall have ; (6 that a 
 Parfbn to many Purpofes hath a qualified Fee, 
 and another is as Tenant for Life, bur the Fee is an 
 Allowance, and therefore he muft difcontinue ; and 
 rhererefore he cannot hav.i a Writ of right, nor a 
 Ne injufe Vixet, nor a Quo jure. 
 
 i But
 
 cion. 
 
 C6e Lalu of Co^paiatfQn0« 333 
 
 But a Bifliop, Dean, Mafter of an Hofpltal that ^'Jts of Right 
 hath Colledge and Common Seal, Ihall have a Writ 
 of right, fir that they have the higheft Eftate. 
 I Infti g4i. h. 6. 
 
 They muft be named by the true Name of their 
 Corporation. Yet if the elTential part of a Corpo- 
 ration be named it is fufficient in the A6lion, as ad 
 reffond. Majori (^ Burgenfibm de Lyn Regis in 
 Com. N. and it was found they were incorporated 
 Major & Burgenfts Burgi de Lyttj and non per 
 illud nomen. Per Cur, iheOmiflion of this Word 
 (Burgi) (hall not bar the Plaintiffs. I Bro-wnl, 57. 
 Mayor and Burgefles of Lyn verfus VairU 
 
 Upon Ejeciionefirme the Plaintiff declared upon 
 a Leafe by the Warden and Fellows of All Souls 
 College f without naming any Name of the Warden. 
 But, Per Cur. the Declaration is good enough, and Declarati 
 they relied fpecially upon the Book of a I Ed. 4. 
 15:, 16. where Debt is brought by the Dean and 
 Chapter without any Chriftian Name, and the 
 Writ held good. And by jinderjon ic ftands with 
 Reafbn, forafmuch as the Colledge was incorpora- 
 ted by the Name of Warden and Fellows, and not Name, 
 by any Chriftian Name, that they may purchafe 
 and leafe by fuch Name without any Chriftian 
 Name, and may be impleaded and implead others 
 by fuch Name ; and as the Fellows in fuch cafe 
 need not to be named by their Chriftian Names, no 
 more ought the Warden. Aliter of a Parfbn, Vicar, 
 &c. for in fuch cafe the Name of Baptifhi ought to 
 be added ; and yet 1 2 H. 4. 1 5: i. is if a Leafe be 
 made by Dean and Chapter in thefe Words, Nos 
 Decani ^ Caftuli., the fame Leafe is void, which 
 was granted by the Court, I Levin. 507. in Car- 
 ter and Claycradt*9 Cafe. 
 
 H. C. brought A<5tion on the Cafe againft the 
 Mayor, Town-Glerk and Goaler of Boalton, in 
 Com. L, and declared that where he had affirmed a 
 
 K 3 Plaint
 
 134 ^()C ^^tU 83f €o^pOiQtlOU0» 
 
 For cot taking Plaint of Dtbt in the Court of the faid Town before 
 Bill. the laid Mayor, &c. againft: 7- ^- ^ind thereupori 
 
 had caulcd the faid j^- ^- ^° be arrefted ; the faid 
 Defendants did confpirc together to delay the Plain- 
 tiff of his faid fuit in prril ot his Debt, had let the 
 Plaintitf qo at I irge without taking Biil. Verian 
 conceived that the A(£lion doth not lie, for the not 
 takincr Bail is a judicial Ait, for which he (hall not 
 be impeached. But all the other Juflices pro Quer. 
 for the not taking Bail is not the Caufe of this A- 
 (ftion but the Confpiracy. i Lem. 189. CockJlalPs 
 Cafe. 
 
 The D( fcndant in an Action on the Cafe pleads, 
 that the Town of Yarmouth is an ancient Burrough, 
 and that they have been incorporated by the Name 
 of Bailiff and Burgeflcs, &c. and that they have 
 had time out of mind an Officer called a Water- 
 Bally, and that time out of Mind, &c. they and 
 their Predeceflors have had and taken Toll of ehe 
 Inhabitants of Lojial for any of their Goods brought 
 thither to merchandize with, and if it be not paid 
 they have ufed time out of mind to diftreinfor it by 
 their Water-Bailiff, and thathcis Water.Biiliff,d'"c. 
 Exception was. That he bach not fct forth that they 
 have u(ed to demand it by their Water Bailiff, and 
 it may be they have (everal Officers, one to de- 
 mand, and another to diftiein ; and when a Man 
 is to do a thing againll common Right he ought to 
 fhew Authority exprefs in the whole. But per Hob. 
 1. to (hew the Authority to demand is not nece(^ 
 fary, for the Prcfcription is not upon Demand to 
 di(lrain j for the common Officer hath Authority 
 to demand, (or they ought to demand it who ought 
 to take the thing demanded, and thofe are the Bai- 
 jiffs and Burgeflfcs, and then when their Water-Bai- 
 litT doih it, it is as much as if it had been done by 
 the Corporation. I Leon. I'^t. and the fame is thp 
 A61 of the whole Corporanon. 
 '•'" The
 
 C6e LoUj of Co^poiation^. 1 3 > 
 
 The Mayor and Commonalty of Lincoln brought Corporation o-^ 
 Aaion of Covenant againft the Mayor and Com- ^^^^" ^''^.^^^ 
 monalty of Derby, and declared that the Mayor ,hecTrpSa 
 and Commonalty of Derby had covenanted with of Derby, 
 the Mayor and Commonalty of Lincoln that they 
 Ihould be quit of Murage, Pontage, Cuftom and 
 Toll within the ToVi^n of Derby, of all Merchan- 
 dizes of thofe of the Town of Lincoln > a!)d farther 
 declared that J. W. and H. M. two Burgeflesofthe 
 Town oi Derby had taken Toll of certain BurgeP 
 fes of the Town of Lincoln^ d^c Exception was 
 taken to this Declaration, becaufe they had alledged 
 the taking of fuch Toll not by the Corporation of 
 Derby, but by J, and H. two of the Burgefles, m 
 which Cafe the Plaintitf might have an ' A61;ion of 
 Trefpafs againft the Burgefles, for the A61 of any 
 the Corporation is not the breaking of the Covenant 
 made by the Commonalty : But it was not allowed. 
 For if the common Officer of a Town doth ^^y <^^ Cotnoxiilon 
 thing for their common life, it is intended fiich anfwerable for 
 thing was done by the Officer, It Is reafbn all the *hat is done b/ 
 Town be anfwerable for i^^ * and the whole Com- ^^^'^ O^^cr. 
 monalty by Intendment cannot come at one 
 time to be taken. Cited i Leon. p. l^i. In Ward 
 and Rmgbt\ Cafe. 
 
 Hob. III. An A£lIon brought againft the War- 
 den and Fellowftiip of Weavers. The Book faith,.-. 
 That they need not fet themfelves out to be incor- 
 porate, the Name (hews it ; fo of Cities. Sed ^ Name, 
 
 So when the Writ is brought againft Mayor and 
 Commonalty the Law takes notice of them to be a 
 Corporation and the Writ againil them as fuch : 
 Eut againft the Inhabitants of a Village, a Writ 
 brought by that name cannot be taken to be other 
 than inhabitants, the Name fo (hews it. And in 
 fuch Cafe fome of the Inhabitants by Name, (vtz,'^ 
 A. and B. appear in Perfon in their own and the 
 
 K 4 Name
 
 T36' %\)z Lain of <£o}i)0|at(oni3. 
 
 Name of the reft of the Inhabitanrs and plead and 
 are Defendants. Sio in Cok. Entr. ^-^y. 
 
 In Faux Imprifbnment by N. agninft the Mayor, 
 Writ dircaed Sheriffs, Citizens and Commonalty oK the City of 
 totheCorcncrj. Norwichf the Original Writ was diredled to the 
 Coroners of the fiiid City, and good j for the She- 
 riffs are parcel of the (aid Corporation. 4 Leon. ^6. 
 Ncalcs Cafe. 
 
 c 
 
 Writ. 
 
 ^Ujics Collcgii Omnium Animarum, (^c. de 
 Oxcn-t pettt I'erfuj F. T. lOo acras terra 
 in T. ut jus c^ hinredttatem juam^ &c. whereas id 
 ftould be, ut jus ^ haredttatent tp/iits cufiodis ^ 
 ColUgiiy &c. de Oxort. But the Court held the 
 Writ good, and all one; for the Corporation can 
 have no other Lands there, in the Right of their 
 Corporation. 1 Anderfon^ fe. 171. 
 
 Officer of an Inferior Court, where he juftifies 
 
 Proceedings there, ought to fhew their Jurifdiftion, 
 
 JariMjaion fviri^^ if it be by Grant or Prefcription ; if by Char- 
 
 ihcwed. fgj. jj. ought to be Profert in Curia the Let- 
 
 ters Patents. But a Stranger which fb juftifics is 
 Profert Literas ^^^ compellable (o to do. In Declarations (uch 
 Patentet where -n r - t l • r» • • t^ /- 
 
 needful rrcfert is not requilite; but in a Bar it is per rjvtj^ 
 
 den., Windham altter. 
 
 None is bound to prefer re Letters Patents in 
 Court, but in a Quo "warranto. And he which 
 juftifies as Juftice of the Peace is not bound to ftew 
 his Commiflion. Sid. p. 511. 
 
 A Writ of Right was brought by Cufios & coU 
 
 » 7... /f£/««o of All Souls in Oxon. and the Writ was 
 yranX-AI- r.'s 1 1111 ^ 
 
 inoigne. '^'" clamat tener. de nobis tn Itheram pur am Cf per- 
 
 petuam eleemojinam, d^ cfuod dam at ej]e jus &" ha- 
 
 reditatem fuam^ &c. and Exceptions were taken to 
 
 the Writ. I. It ought to be in liber am Eleemoju 
 
 nam with a double ee. 2. It ought to be Libe- 
 
 ram
 
 Cljc Latu of Cajpoiat(oii0* 137 
 
 ram eleefnojinam, and not fnram d^ perpetuam. 
 
 3. They ought not to (hew any tenure in fpecia], 
 
 but generally Tenet de nobis. 4. They fay not in 
 
 jureCoHegiti fed nonaliocaniar, for firft, injure Col- j„ jure coUezit 
 
 legit is the common Courfe,and therefore good. For 
 
 the fteond it is but furplulage and not material. 5, 
 
 They did well to exprefs the Tenure, for otherwile 
 
 it might be taken for a tenure in captte, which they 
 
 ought to avoid. 4. When the Writ is brought 
 
 by CuBos e^ Collegium^ this cannot be but in jure 
 
 Collegii^ as in their Corporation j for they have 
 
 no other Capacity, and the Prefidents are both 
 
 ways. Co. a 51. the Warden of All-Souls College 
 
 in Oxon. verf. Tanworth. 
 
 In the Ca(e of the Guardian and Fellowfhip of 
 the Weavers of Newhery^ that the Qiieen incorpo- 
 rated them by that Name, and gave them power to 
 make Laws rationi confonas, and the Queen by the 
 faid Letters Patents did ordain for her Heirs and 
 Succeflbrs, that none fhould exercife the Trade of 
 Weaving within the faid Town except he were firft 
 admitted thereunto by the Guardians and Society of 
 Weavers, and then fhews the A61 of ig H. 7. and 
 then that two Guardians, and the greater part of 
 the Fellowfhip of Weavers did make an Ordinance, 
 C^f. There was a grofs Fault in the Declaration 
 that it did not appear that the Corporation did con- 
 fifl of two Guardians j for there was no more decla- 
 red, than that they were incorporated by the name 
 of Guardians, (^c. which may be more than two, 
 and they had omitted the Claufe whereby the num- 
 ber was appointed. Hobart was of opinion. That 
 they need not to fbew how they were Incorpora- 
 ted ; for the Name argues a Corporation, as the 
 like of Cities, and the Plea nil debet (or the like) 
 ret^uires proof of it. Hobart m. Norris and 
 Staps, 
 
 If
 
 138 '€l]z Laiy of Corpo^ati'onc^^ 
 
 Where Hie pro- If by Licence Lands are given ro the Dean and 
 per Name ot Ch.iptcr of the Holy and unllivided Trinity of Nor- 
 thc Dean mult ^^^^ ^^-^ -^ ^^^ ^,^1^^ ^^^ ^^ean bc not named by 
 
 his proper Name, it there were a Uean at the time 
 of the Grant; but in pleading he muft fliew his 
 proper name. So on the other fide, it the Dean 
 and Chapter make a Leafe without naming the 
 Dean by his proper Name, the Leafe is good, if 
 there were a Dean at the time of the Leafe ; but iiL 
 pleading, the proper Name of the Dean mufl: be 
 <liewed J Co the Judges held in i g EJ. 4. the Grant 
 is good to a Mayor, Aldermen and Commonalty, 
 albeit the Mayor was not named by his proper 
 Name ; buc in Pleading it mult be (hewed, i !»/?. 
 5. a. 
 
 That the Mayor and Commonalty of London, 
 
 time out of Mind, were a body Corporate, and fei' 
 
 fed of a Wharf called Queen-hyth, and have taken 
 
 for every Porter's burden of Goods there laid to be 
 
 conveyed thence by Water, of Perfbns not lawfully 
 
 tliercof difcharged, and that Freemen ought to be 
 
 Pleading by difcharged, and that he was a Freeman ; as this is 
 
 way of Ciirtom pleaded it's a mere prefcription in the Corporation, 
 
 and riot by Pre- g^d yet it being pleaded by Inhabitants, as to adif- 
 
 ciiptjon. charge of Freemen it muft be pleaded by way of 
 
 Cuftom, and by way of Prefcription ; not becaufe 
 
 the nature of the thing, but becaufe the Freemen 
 
 cannot prefcribe in their PerfbnSj and therefore are 
 
 allowed to lay a Cuftom for their difchargc. Hob. 
 
 U. 
 
 Action fur Cafe, liippofing that the Governors 
 and the Poor of the Hofpital of the Holy Trinity in 
 Greenwich, of the Foundation of Henry Earl of 
 Northumberland was fctlcd in Fee ot an Houfe in 
 the Parifll of St. Martins in the Fields j and that be 
 and all thofe whofc Eftate in the faid Houfe, &c. 
 have had a Foot- way from the faid Houfe unto the 
 River of Thames^ in the fame Parifh, and let the 
 
 faid
 
 Cbe Xalu of Co^pcjatfan^. 139 
 
 (aid Houfe to the Plaintiff for Years, That the De- 
 fendant erc6led a Gate cro(s the High-way, in the 
 laid Parifh, d^c. pradiB. Pro Quer. moved in ar- 
 reft of Judgment, that this Declaration was not 
 good, becaufe it is fhewn that the Corporation and 
 all thole whofe Eftatc, have had, dfc. whereas a How a Corpo- 
 Cprporation cannot Prescribe but in him and his y^^]on mayPie- 
 PredecelTors ; alfb one cannot fhcw a Qae EHate @"^%^ 
 without fhewing how by Deed, for they cannot ^ 
 have it without Deed. Per three Juftices againftDo^- 
 deriJgCf who was of that Opinion, The A6lion is 
 brought by Leffee for them who harh not the 
 Deed J and ic is but a conveyance to the A6i'ion, 
 which is grounded upon the Difturbance done to 
 him in Pofleffion. But if he had claimed Rent or MonJIre de 
 Common in grofs, which cannot pafs without ^"f^^- 
 Deed, it had been otherwife ; for there he could 
 not (hew Que EH ate without fhewing the Deed,how 
 he came by the Eftate. M.zi. Jac. B.Ri Slack- 
 man and fVefi. 
 
 By Stat. 7 Jae. c 5. In an A6tion on the Cafe, Stat. ; 'jac. 
 Trefpafs, Battery, or Faux Imprifbnment againft ^' J"* 
 any Juflice of the Peace, Bailiff, Mayor of City, 
 or Town-Corporate, Headborough, Ty thing- men j 
 Conftable, Colle6lor of Subfidy in any of his Ma- 
 jeflies Courts at JVeHmin^ery or elfewhere, con- 
 cerning any thing by any of them, by reafon of 
 any ot their Offices aforefaid, and all others in their 
 Aid or Affiftance, or by their Command, a^l^, &c, 
 they may plead the general Iffue, and give the fpe- 
 cial matter for their excufe or Juftification in Evi- 
 dence. 
 
 In Replevin Defendant pleads, that the place 
 where, lay in, &-€. was the Freehold of tiie Cover- Shew the Cor- 
 nernours ot the School of &c. and fb made Conu- porJtion. 
 fince, and doth not fhew that the Governors were 
 incorporated, it (hall be prefumed by the Plea. 9 H. 
 6.80. iot.a/\.2. There one brought Debt by the 
 
 name
 
 I40 €fjc Lntu of Co^po^1tfot10♦ 
 
 name of AIderman,as Succeflbr, but ruled otherwiTe j 
 for a Succcffion of a Pcrfon of Chattels (hall not be 
 prc(umcd without fpecial Allegation, except in cafe 
 of Abbot and Prior, or the like Corporation known 
 in Law to reft on one Perfon, as well for Chattels 
 as Inheritance ; forotherwife Bifhops, Parfbns, and 
 the like cannot take Obligations to them and their 
 SuccefTois, but they will go to the Executors. Hoh. 
 64. /inmdePt Cafe. 
 
 N. and F. Guardians, and the Fellowfhip of the 
 Weavers of N. brought Debt, and declared, that 
 Q^ Elizaheth incorporated them by that name of 
 Guardians, &c. it was adjudged a fault in the De- 
 claration, that it did not appear that the Corpora- 
 tion did confjft of two Guardians ; and there might 
 be more than two, for it faith, they were incorpo- 
 rated by the name of Guardians, and they had o- 
 mitted the Claufe whereby the number was appoint- 
 ed. But by Hohartj they needed not to fliew how 
 they were incorporated ; for the name argues a Cor- 
 poration, as the like of Cities ; and the Plea nihil 
 debbt requires proof of it. Hob. 1 11. in Norris 
 and Stapes Cafe. 
 Plead. In Replevin the Priorefs of H. was felfed of the 
 
 Mannorof P. and granted the fame by words o{ dedi 
 d^ concejji fro cert a pecunia [umma^ to the Lord 
 Pleading as a Chancellor Audley^tic. It Was adjugcd that theCon- 
 Bargain and veyance was not well pleaded; for it ought to be 
 pleaded as a Bargain and Sale, and not as a Grant, 
 and Judgment was given accordingly for the Plain- 
 tiff in the Replevin, i Leon. I^^. 
 
 One pleads the Cuftom o{ London ^ and doth not 
 
 Saith not that fay London efi antiejua civitas. If a Man alledge 
 
 U is ant! ofua a Cuftom wfthin a Town, he ought firft to pre- 
 
 iv.tas re- ^,^ji,g (jj^f i]^^ ^j^g Town is an ancient Town. 
 
 '^ 2 Leon. p. 98. 
 
 If Action be brought in Inferior Court againft 
 y. S. if the Plaintiff declares againft him in cuffo- 
 
 dia.
 
 Cbe Halu of Co^pojation^^ 141 
 
 dia of the Sergeant and Minifter of the Court, and 
 it doth not appear that the Sergeant had any Pro- 
 cefs or Precept to arreft him, and the Defendant 
 appears, and for this Caufe demurs upon the De- 
 claration, and upon this Judgment is given againft 
 the Defendant, the Judgment is erroneous ; for he 
 upon Appearance pleads this matter. Law and Dodej- 
 worthf m a Writ of Error of a Judgment in Tork* 
 
 It was fnd by Hale Chief Juftice, that a Corpo- Corporation 
 ration by Prefcription may be i<:nown by two diffe- not to prefaibc 
 rent names, as o[ Burden fes, and oi BaHi-vid^ Bur- by a Name 
 
 £€nfes. Now if thenameofJ^^/^i'T/id'" Burrenfa be a *'^'^'' ^'^^X . 
 ,.,, , ., ... ' r\jt nave received 
 
 name which they have received wi'hin time or Mc- ^yi(}-,j„ ^..^^^ ^^ 
 
 mory, they cannot then prefcribe by ir, but by their Memory. 
 
 ancient Name till fuch atime,and then,d^c. as in Djfer, 
 
 Debt on Bond of 400 /. by Mayor and Commo- 
 nalty, and Citzens of London in B. C. Error af- 
 figned was, becaule the Judgment is, That the 
 Mayor, Commonalty and Citizens of London 
 fliould recover the Debt and 6 1. Colts, eifdem Ma- 
 jori d^ Communitati adjudged, leaving out {civihus^ (civihs) 9. 
 and fo no fuch Corporation, and held to be Error. '"'"^*'- 
 Cro. Car* 5" 74. Ann Healings Cafe. 
 
 The Plftintrffs being a Corporation intitle them- 
 (tlves by a Feoffment, and do not (hew Livery to 
 be executed by Letter of Attorney ; but per Cur. 
 all neceflary Circumftances fhall be intended to be All neceflary 
 executed, as well as in a Feoffment pleaded to other Circumftances 
 Perfons. Cro. Jac. 411. the Mayor and Commo- '"'^"^^'^ ^° ^= 
 nalty of Ipfwich, verjus Martin. ex cu e . 
 
 If a Mayor and Commonalty plead that they are 
 feifed in Fee, they need not fay in right of their /„ jure^ &c. 
 Corporation^ they need not alledge it, i Leon.i^i. 
 A6lion brought by the Guardian and Fellowfhip of 
 Weavers ; the Book faith they need not fet them- 
 felves out to be incorporate ; the name fhews it lo 
 of Cities, Hoh. ii I. But againft Inhabitants of a 
 ViiUie, a Wrii' brought by that name that cannot 
 
 be
 
 J 41 
 
 Cfic Tlatu of Co^po^ation^* 
 
 be taken to be other than Inhabitants, the names (6 
 Ihmv ic. 
 
 It is a good Rule in pleading, or a fjjedal Vcrdift 
 
 in many Gales if by exprefs Averment, or by finding 
 
 of the jury it fhall be made apparent to the Court, 
 
 that the true njme of the Corporation, and the 
 
 name in the Leafe or Grant are all one in etfeft by^ 
 
 averment, &c. it will much inforcc the matter tho 
 
 the words have fome difference, and the per nomen 
 
 implies in it (elf an averment that the Mayor and 
 
 Burgeflts did make the Leafe by the name Prout. 
 
 So in pleading. The Corporation was named, the 
 
 Abbot of the Monaftery heat^ Marta Ehorumy 
 
 and the Abbot cf^ the Monaftery, heata Maria 
 
 Averment. extra nturos ctvitatts Ebor^ Now tho the Abbey 
 
 was ex'ra muros-, yet in truth it was within Tork, 
 
 and the Bond was good ; the Abbot brought his 
 
 Writ of Debt by his true name, and in his Count 
 
 he (airh, the Obligation was made to the Plaintiff, 
 
 per nomen, &c. which implies in it an Averment 
 
 that the Abbey was within Turk^ and in fubftance, 
 
 as appears by Averment, dehor i^ all is one. Hohart. 
 
 A foreign Attachment in Inferior Court was 
 
 pleaded in this manner, that by Cuftom, time out of 
 
 Mind, whoever levied a Plaint pro alt<jua debitOy a- 
 
 gainft another, upon (urmlfe that a Stranger was 
 
 indebted to the Defendant, that Procefs iffued forth 
 
 to attach. It was objected, that it is not laid pro ali- 
 
 cjuo debitOy which did arife infra Jurifdt^lton* 
 
 curia. Per Cur. It need not be exprefs'd, that the 
 
 Debt did arife, infra JurtfdiSF^ for perhaps it did 
 
 norland that if an A6fion be brought in fuch cafe/and 
 
 the Debt be laid to be contradled infra Jurif- 
 
 dtfi"* Cur. if the Defendant will plead to it he 
 
 may, but he (hall never be admitted to aflign for 
 
 lirror, that the Debt did arife extra JtirijdicT Cur. 
 
 But if he had tendered flich a Plea, and they had 
 
 rcfufed it, then it had been Error. I l^entr. 3 8 5. 
 
 As
 
 C&e Lat« of €o^po?attan0» 143 
 
 As to pleadings, Vide Jurifdiilions, Cufl:oms,c^f> 
 Sparjlm^ per tit, 
 
 Ebor' ffTV yf ^mojanb' at^ kilt ^frno^Afc^ .^ r r ^ 
 
 ^ iVl n\t intent mam mo rmeJ:XZ.i. 
 bcii) €. m. p €. <e. 2!ltto2ii) fiuD '5' j3tuiu l)if and tal.ng 
 in €una dci^S^ni) Hcgisf miiic iBm qnantiam Gocd^. 
 23il!am fuan) $j§ S, i$, ^ aO» i?. in cufioS 
 00arr ^c. tic ptiro ^ranfgr €t funt pJc0 dc 
 J>/§ fcift Johannes Doe ^ Richard us Roe QUC 
 
 quiDcm ^iHafequiturinljecbcrOa (T. 
 
 €bor AT. €. W. queritur tJe gf» ]^. f 22I» 
 l^,infiil!oU gjearr St^artfcat ^otfi) ^egi0cO'. 
 ram ipfo iUcgc erifircn De ro qti ipfi 22 bic 
 3[unii anno rcgni ^ni) ari) CaroJi frciinDi 
 i:>ci vj3ja) nunc illfgiiBf ^Cngiic biccfiniD fcpti* 
 mo bi f armiisf $f . wnam Domum nim oaij^ef 
 oftfcratijef ipfiujsf C (SCnglice boc ae ^c. ) apuD 
 Eifi^monti in Com) ^U fregcrc ^ intrabcf ac 
 unum €cjCtOjnum ^[nniriUTifntum (2£ngUfe 
 a Weavers Loom) film DertifD citi CCjCro;io 
 3[nI!nimfnto fpectaii) (^Inglifc bocaf Tack- 
 lings thereunto belonging) oD t?alcntiam 2ol. 
 tria Eiciatojia (SSngiice Weavers shuttles) 
 ad balcntiam u* tiuo jp^cramcnta r3EnijIice 
 Iron pins) ati balf n(? ^c. ^ uiD pceit 3^£nfcr 
 Hanar C^ngt a quantity of Woollen Yarn) 
 ab baifnc? ^c ipfiUifif C in boit" fuapd inbrne 
 aDrnnc ^ xBm ccpct (f afpc^tal-cr f m iiftim 
 fiuim ,pp2ium conbcrtrr ^ bifpofuc r nrc noit ^ 
 ipfiDC.a poITeffione $ orcupacone Domu^ ^ p 
 magnum rcmpu^ fair a ^hcc 22 Die 5imiij 
 anno 17 fuptiiff urof? ; tiit f cb:iiar tnnt |>jc' 
 fcqiicfi) cnfiobibct ^ ivtvti tfiuicr p cfi itJcm 
 Crotimi^jfirmim |commo&am tscmu^ pdp 
 toj* JDcm tcni|3U|6f totalittr pfrDi&it ^ aniifit 
 a5t alia cuannia ei abtunc ^ ibm intu!fr 
 contra paccm biai Dni) Hr^i^ nmic aO 
 
 Dampnum
 
 144 ^ue itau3 ot Cojpo^ationiJ* 
 
 Diimpnum ipfiu^tf €. 40 1. Ct inDe ^huc fc* 
 ctnni <Jf. 
 
 oZt inotJO nil l)iiiic tiif m fcitt tiic ^actiitf jjc' 
 poft (Dixab ^ci^ J^iilarij ifto toli €crmino 
 iiftfi que mDi fill j^g 31. ^W. hutx Ucentinm 
 all Oillam ^U intcrloquciT) f tunc ab rcfpond 
 ^c* co:ani iom) Hcjffc npuli JJ^eari^ befD tarn 
 iu C. per ?lltro?ii) luit) j^dicf quam j^dice gf* 
 l^. (^ lia. ij. Vi % ^* 3lltt02ti) fuum et ija §, 
 § !3D. ticf. \)im ^ injuriam quaiiDo ic. <!2t 
 quoad bcntre bi $ avmt^ feu qutcquid quoti 
 lelT f ontia pacciu DcD ^nt) IHf giiSf nunc nccnon 
 totuni trantgt pdCupenusi fiect fuppoic jprcc 
 fraaioncm <^ intraEonem boniui^ pD' necnon 
 rontinua^onem in tiomopijs fpatium huobt' 
 rim f)o^arit) ac ctiam capcoii) $ afpo^tacoii) pd 
 €ertoji0 ginltrumcntt ( SUnglice Weavers 
 Loom ) cum ptiiD ciDcm <€txtii^io SlnHcu* 
 
 nicntO ptirD fpCCtan) bocaf Tackling thereun- 
 to belonging triil^ £iciatO?li) ( 3ngIiCC Wea- 
 vers Shuttles) tlU02|- fccramentoil- (%nQ\ite 
 Iron pins) f j^ij uttUi^ pccll pcnfo^um Hflua* 
 
 ri02U«n (?llnglifC a quantity of Woollen Yarn) 
 Dii^ qd ipfi in nullo funt intic cuIpaOiicjB^ €t 
 te ^oc pon Cc fupcc pliant (Z?c |d C tiMttt 
 ^c. oEt quoad fracconcm) $ intracoii) born) 
 pd necnon capcoti) ^ afpojtaccn) pli €crto^i^ 
 
 3[n(!rumenti (3llnglice a Weavers Loom) 
 turn ptin eidem €ej:tojio gjnCrumcnto fpc- 
 (tan bocac Tackling thereunto belonging) triiJ 
 ILiciatOll- Onglicc Weavers Shuttles) dU02|. 
 
 jpcccamentoij. (3inglice Iron pins; i^ pd uniuiflf 
 parcelt ^^enfo^um Eanacio^uni (^ngJice a 
 
 quantity of Woollen Yarn; i|d jl. ^ I©, dic? 
 
 qd pti C acJonrm Tunm pd inde $fu0 co^s? 
 Jcrc feu manutcncrc non tjthct <Ouia die? 
 qli ante jpd tcmpu^ quo tcanrgrefTio pDca 
 tuEiUjaf ficii fuppoit fait ad Cunaai IDom)
 
 ^ijc laui of Co^poiationj^, 145- 
 
 ^£Qi0 tic iI!efo:bo Xiicgi dc H^ictimonD tn 
 €oiTi) pd 1 : Die ^ccfmb2i|5 SUnno rcgni 5iri? Bar byRecovc- 
 por^ llf gi0 nunc bicffimo kxto cc?am il^a^ 7 '" ^'ckmirij 
 jo^c 0cco^Dato;c f ^!i5,>ij^ 23iirgi ^Sift^ npim ^°""' 
 ^iirgum j^Dicf tmt QiiiDam l^. (JT* Isbatiir 
 quanUam qucrclam fu^ ^iuje? f^fnf € tjc ptird 
 rranrjjrena fuprc cnium ^c* CaJittrq? iJi 
 ral)cni €\\xu rnpcrintic ^tff^ fait qd per 
 canticm Cue tent? 4 Die crBaij 3llnno rrgnl 
 Del) IDnt) iUrgi^ nunc tJiccfittio ffptiuioco.nim 
 a^ajo^c $ 3llifi2 j^Xhrgi ^t npnD ^iirgum ^i 
 confiDcraf fuit quoD i»Dicie ^. €, rccujpct Dcr^ 
 Rj^ pfae €. lijmam quaD^jaginta ^ quincR fo? 
 liDojum ^ q-iariiojDfnai ,p Damnf.iaf fui^ Tii. 
 Rene orcafionc non pfo:mn£Dnij^ cujiifDairf 
 fPmifTsOii) ipfiu.^ €. ritie in ^. fact? <^i pDice 
 S» ^ OLi nUciiu^ Die? quoD poRra ^ ante 
 pDicf tcnipu,sf quo $c. fcil' Dccimo qninto Die 
 3)unij 5ilnno rr gnt Dri) pnD ^t^\^ nunc bi? 
 fcfimo fcptimo aD rcquinfonera ipfiUjBf ]^^ 
 qiioDDnm pf f ptiiin rrtra canDcnii Curiam tent 
 apuD 23iirgum pDicf (VcunDuni ccnfuctuDi* 
 ncm 25iirg pDict cmanabit fcrUicn aD clatoatn 
 nccnon !^, %. 23alli\Jo cjufDcm Curie fpect^ 
 i\\\t Depuraf Ditccr' 2 qiioD t\0 ^cepf futt quoD 
 fieri facerent kw unujsf eo^um fieri faceret Dg 
 6oni^ f cataili^pDiff C.pDict fiimmam45 s. 
 ^ 4d. qno^ pDict* ip. C. p juDicium Curie in 
 ^iitgo pDice fp DnmBt^ fui,^ fuUcnf occafio^e 
 lion ptosmaeori) cuiufoam ^^mifHom^ ipriu^ 
 C» ciDcni i^. fact ^hx0 ^lat €, rceupaJTet un* 
 tz iDcm €. contiictui^ tutt fjciit conlla&atDf 
 iJIcco^Do (£t quoD turret Dcuat ii! aD ^x\t^ 
 Cur ,p t3:ri'0 p&irf frnruD Die ll!9arti€^ ftilt 
 In-rcnmo noiro Die ^^unij tunc ,pr' fequefra^' 
 rcvJiScnD' pfai' 1^, t^ quotj l)frent ibi pcepi* ih 
 liitJ CJiioUqnibtnipccpf poilra (J ante pSfic:! 
 ^csr^pirsf qiicJTC. (^'Jt arstc pDief ^t' €urir.jrr 
 ferlr ri- Dlr,3!umj;4m:t3;reg5itDa)|}jT^fe
 
 14' 
 
 €;iie fim of Co*^po?ation0. 
 fli s uimc Ijifcfnno rfptiino fupDro aputi ^diir^ 
 ivum Oc Eic^»iD»^ ^tj' pb' J. I?. nDtimciinfi) 
 ff rljifn iiD ffaliam c juf^cni Curie DclibfCiie 
 fuit in Dcbitii jnri^f fojma cvcqunid' <Ct jp6' 
 *X <i il'^- ultcrui;^ Di»? qnob pd' C lt)» mitc 
 pd' cempiij^ tjMo tninroi' pti' fiipiUjO firrj fup- 
 poit fciFt nt) Curiam Dci^ jS^n?^ llcgijaf tsc Hc- 
 ro:t)o 23m*gi Dc nicijuionb in Corii) pd' 15 
 Dif ^ffcmlJi- 21nno rcgiii DcD D«t) Urgii? 
 nunc \3Uffii!io fcvro co;am Q^njopc riccoiDa. 
 to:c ^ 31- ltJ'?i;0f 23urgi pDicf npuD 'Burgum 
 pijic^ Hut quaiiDnni qiicrciain fuam ^fitfi^ 
 pfflt* (Ltl. i^. Uc plito traufgu fup cafiini 
 ict3abit talitcti-B in cab'^nr fupiiibr ,pccf^ fiut 
 (]ti' £ canticm Cur rent eobeni quarto tic 
 QBaij 3llnno regnt tjtl K)nl) Hegijsf nunc Dire-- 
 fimo feptinio lupDco co:am Sl^ajo^c neco:D.ir 
 tpK f 3tIiJ'?ij0f 23urgt pDci apuD23ur0um 
 V^' conntjccac fuit quoli jpbicf QH. i^. recupct 
 i^fu;9? pfai* C. Q]^. fumam rerbecim roUdo^um 
 f uir Denar j) niii5 1 cudagijjef fui^ p ipfum 
 drca tjcfcnfionem fuam in ea parte fuftene 
 fecuntjum Cojmani ^taruti inbc ebif f ^iji^ 
 ;p fo quoti pDict C- non fuit ^pfecutuisr qucr 
 fuam $ruflf ipfum J©, i]). iBm Iclinf Ct pti' 
 Hi-iCSi. uiteriu^ Die? quod fioCfea ^ antepd' 
 tempu^ quo ^c. fcift pDici' 15 die31unij^^]iiia 
 regnt del l^r.i) Eegi^sf nunc biccfimo feptinio 
 fiipdict fid requificon ipfiujtf §©ilti quoddam 
 aUudpcepf cnra candem Curiam teni'apud 
 23urrjum pdici? feeund' eonfuctudinem 23ur{ri 
 pd' eraaria^Jit fcrDien ad elaliam ibidem di- 
 ccet" p qucd ei.sJ pcfpt fuit quod Jebarx faec^ 
 rcjit feu alter .ea^^iim Iel?ari feceret de bouijSf 
 f ratvilU^ pdic! €, 113. fumani i6s. $id. 
 qui pdicf 11^. ip, in radem ^iii ad)i5dicntfu< 
 idciit p miS unfiaGip fuijs^ cirea dcfcnnon' 
 in quadam areonc. tranfor fup eafum jurta 
 fo2mara ^xatuti indc nup edif $ j)bi0 <6t de* 
 
 nar
 
 Cfjc taiD of €omi^iom. 147 
 
 mx iif t^cvcnt feu alter cojiim ficrct qD ^jc' 
 <riir 4) 23iirgo jpH tc nenfi pfi tiao Die ^artijef 
 fcitt biccfimo nono tiie ^unij tunc ^rfcQUcn 
 nti rcbDcntf pfaf ([fii. i^. ;p niijS ^ cu0a0 jpii 
 (JSt qiioD l^cmit M tunc jpccpe tUuli qiioti qui- 
 0cm pfcpe poSf a f ante pd tenipu^ quo f (^ 
 at antcftiiPi*' <lEunani fcitt ptf zo die 3[unij 
 Sllnno rcgni Del) ^ni HcgijB? nunc tJiccfimp 
 feptimo fupbice apulj 'Burguni he tiich<. 
 litonD ptf pUco SI- ^- attiuic un' CcriJieu ofi 
 clatjam ejuf&rm Cur Ddibcrat fuit in tcbita 
 juris? fo^ma crccjucnS birtiuc quo?uju quiue^ 
 fcpaliuiu pccpf j^ti 3f ' aDiunc un fcrliien ati' 
 cla\)am cjufDcm €ur f pU WM. ut alTift^nj^- 
 ipfi^ % f in cin0 auxiiio pafica f ajue ptf 
 i)i:' <Cur fcitt pti 22 bic SJunii 3lnno xc^nx h(V 
 IDni) iUcgisf nunc biccfimo feptimo fuplJirto 
 in Domu) pt? o(lij;sf ciufDcm tiouju^ apecj? tt- 
 ineiD aputi^urgum |tf ac infra 5[I««fl>ii^ 
 eiufticm Curie intraijci? ^ pU um) 'Certo^iu) 
 5[unirumentum C^nglice a Weavers Loora^ 
 euui ^ia eiiicm €ertojto ^nUtmmnt i^^ 
 
 ttan bocar' Tacklings thereunto belonging $ 
 tria Siciato^ia ( 3!Inglicc Weavers Shucdes) 
 in eaDcm atitwnc eriHicu l^irmt^ pciptx plitct? 
 aU fcce pd i^. €. f j^tiic^ iuio jfcrcaiu^nttf 
 C3!nglicc Iron pins) ^ j^tiic^iin^ parccli ^cn^ 
 fo<;um Saniariojuni ( ^CiigUce a quantity <rf 
 WooHcn Yarn) inei^m ^omo a&eunc Tiftteir 
 crilTcu )iivtnte Jccpf ^j^bice aD feci? ptiict W. And ExwuI 
 ^. in erccuf anc cepcc f aQiojtabcr pjout tUi coa. 
 hcuc licuit que el! rati tranfgrefTto quoati 
 fracconcm $ nirralonem lio^Ui^ pU f coiitt* 
 «\incoiiCMi in DomopiJnecnon capcqiDdafpoji* 
 tncOii) pd Ccrto:ij ^(nnrumenti ( ^ngltc^ 
 ^c.) un&c ibcni C. fuptu^ef $fu^ co0 qucrit 
 <gt ultcrii!;9f ijDem S?. (I Sll. bicf quoij pt% 
 ^Dpiia^jL*' Curiam ffilrptf z9 Die ^unii^to'
 
 148 Cbe taUJ oi Co^pn^atlorjj. 
 
 bice Doiit^ ficgi;sf mine bircnmo ffptimo fu- 
 vaco rent* npuD 23urg t?c fiicIimonD jpU fo:nm 
 .X:lBnjc::c i1fro:Daro:c it ?tid:iAJ ^nrgi ill!U0 
 fcpal pccpf prj rctojnnlJit quob ipfc birtnrc 
 prcpti pD" nD Tice pb' l>. <€. IcbafTct riuTuim 
 45 s. ^ 4d. be boiiifl? ^ fiiraUiia? pfnt C intra 
 CSnrgum pb' qno,$^ qiiiticni 4.^ s. ^ 4d. iDcui 
 gi. paraf buit aD cnnbcm €111 atJ ilio^^ ntjcm 
 l^. €. rctiDcnti pjout ubi pccpf fait '3Cc quoD 
 ipfe iDcni gi. birtntc pcrpf |D' aD fcrtani pfaf 
 OH. i^. IcbaflTct fnmam i(^s. id. ipiojaf idem 
 3. parat 5uit ad canDf 111 €ur aD illo^s ciDcm 
 IB, i). rcDDfnS p:out fiDi pcepf fuit <iSt ftoc 
 paratirunt^iricarciinDcpctluDidnm ft pt>' 
 €. acccncm Tuam pU inDc $riij^ co^^ fjerc feu 
 tnanutincrc Dcbeat ^c. 
 
 <!2t pd C i©» bicit qitoti ipfe p aliqua p pU 
 % f I©, fupiuj0f in 6arram pEiraf aO nrf one 
 Hia pb iiibc $rui5 ipfojfl? ^i* ^(L21« t)fiit>' pciuDi 
 non Dfdct (Duia biif quob trmpo^r frareoiT) ^ 
 intraccit) bom^ pb'oflia ejufbcm bom^ dauil 
 fucr C^nglice were (hut) $ obfcrae (^nglict 
 locked) ^ qHob ijbmi !^. ^ W* oITia bcmu^ 
 iiliu^' frcgrr ^ in boniil) ptf intraVicr ^ bona 
 ^ catalla ult'iu^ mcuconai? cfpci* f afpo^taljcr 
 inobo ^ fojina p^out ibcm C. fupiu^ bcrfu^tf 
 tojs queritiir 3lbftF Ijoc quob o(!ia bcniurf 
 pti abtunc ijpcrra fucre p^oiit pb* g|. ^ Celt 
 fuctUid^ ptitanbo allegabcr unbe rr quo fib' 
 SI f (Xi tranfgr pb' fact fupiu^tf ficci rogi$ 
 ibcm C. pf ttt giubiciuni ^ bamna fiia occafi- 
 ouc tronforilliu^ fibi abjubicari, 
 
 Ct p^' J. f J©, bic? qti oltia Dom pb' rcm^ 
 poicfc- rcou^ intraron) bcnii!.s pb' apcrra fi.* 
 ci:^urpD' Si- f ^- liipfrius pJirruibo alic^ 
 firaUrr it br fjoc ponnnt Te (iip p;i.im) OBt pb' 
 C. fiJitir ^|bfc tarn nbtrJanU rvitum iHum 
 ^uara. at frmini intfr partfje jpb' tiigiu^ 
 
 junri?
 
 Cbe Laui of Co,'poiation0. 149 
 
 jnnct beil^intic jurn^ co^am £)no Bi^c dputi 
 mcnni> t»ie ^t" jioft <et qui 
 
 iiec $c* 
 
 Suff IT \T 7 jnuitf Jofjnfon nup be 25urj) Trefp- sc faux 
 
 VV ^Cl <etimiintli in Cori!) ptJict Imprifonmenr. 
 
 25?ieltlnper C^OiffUiBi J^atricft mi2 He 23iir|i 
 j&cD CDmunDi in CoifD jptJict* <afi!» 5I* ©.. 
 nup tie $c» ^ ,;&. JIE). nup tc f c> attacl^ fuer 
 at) rcfponb* Ei£o ^atcicfe tif plito t)uarc ipft 
 rimuicum dg>, JT, nup ^c, <«Bnt bi ^ atmiiBiic. 
 in ipfum iHicril) apuD Q^elfojti in Com) pdice 
 infuii? freer ^ ipfum $beral3er buincrabct 
 mafetraitatei eeper ^iinp^ifonabet 9ipum in 
 p^ifona contra ILeocm f Confuetuij ^egnt 
 K)nl liegi^ ^ K)ne) JJcgine nunc isctinuci- 
 f betineri ;pcura\jer $ caufaljei 3ita quou He 
 bita cju.fif marime befprratinf €t alia eno^ 
 mia ei intuleiuntati grabe tiampnum ipiu^ 
 nif i $ contra pacem IDomino^um 13itQi0 $ 
 iHegine nuncic. €t untie iUem Iitcu0 per 
 Carolum €. ^tto^n) Cut!) querirur quoti ptjct 
 Will Mnfon ^ mUhW l^atrich S^\)t0 Ida/ 
 tricft^ pinion fimulcum 5c. bccimo fcptinio 
 die SCp^iiije? 3Cnno regni IDnD fltg:i0 ^ i:)ng5 
 negine nunc quarto \Jt $ armi^ (tiibelt) 
 <0laDiji8f 25acuiiiBf ^ CuUellij^ in iprum lUic n!> 
 aputJ i^elfojD in €onf) ptJict infultum kcci ^ 
 ipfum $Derat)cr bulneraljer nialctrortatiet 
 cepcr J imp?ifona\)er f ipiit' iftri^ in p,:ifoiia 
 (tneaitqua caufa rationabiU bel aliqua legii 
 il^arrant aut aiiqua ju0a fibeiegitima cau^ 
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 fieri rnppofii' itjcm W. 0'- ^ifit quoli ipfc in 
 
 nullo eft inDc rulpab' t^ Dc Ijor pofi Te fupcr 
 
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 bend eibcm W. 31. ctim inue rfquifii* fiiilTet 
 
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 ftum beto ipnujrf IHici ^ eibem 3©. J. ntxtt 
 
 ptiict tempn^ quo ate ncrnon edtrem tempore 
 
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 dcd ininfcriour ^jurrf ^cl>€bmunbi pbire infra 3|urifoi(tio,' 
 
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 ^ifoictionrm Curie pbirt fc;am fit^arrina 
 
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 I gerci^ Dae apuli Qtlelim) in €<m^ ^ih\S 
 ttttiotik 3Cp?iIifif 3Cnno rcgni fui giiarr0 
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 25urgi pDkf fontcK ^ confirmae implafita- 
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 ptj' beBm tjigine libr quam centum fotiDor 
 qui ciDem W, % in eaUem Curia abtunc ^ 
 ibiti' atijutiicai? fucr |) tamnijef fui;sf que t^uit 
 occaHone betenticnli^ ticbiti il!iu0 untie con.- 
 toictUjBf eft j3ut p iUcco^lJ* $ l^^^occfjg inDe in 
 Curia 25urgi illiu0 aputi ©uiljalti' ciufUcm 
 'Burgi rcfiDci!> plcniu^ liquet $ apparct 
 <i3uoti quiticn) "^fubiciuni atifjiic in fuijfl? pie- 
 m^ robo^c ^ cffettu remain minimc rcterfat 
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 iupDifto nianuj9f fuajef fup cunDcm nicrii) 
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 faufa i!fa eD fectam ipHu^ IDiilt Dr pDici* 
 plito $ ab requif:conrm ipfiu^f W* J^ ecpc^ 
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 capEonc acrcflaJonc impnfcnainfni? ^ Drrni^ 
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 tim a ^h\tt Bilii0 actonem fuam ^btcf inbc 
 $fui^ cum l^cre hthCiit $r. 
 
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 fjcc berfta : 4l5iiUeImuj6f ^ a^aria H^'ei <0^fi) 
 
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 pbice 3ta quob ticat fojpu.9i ejuief cojam ^h 
 
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 gcnnbu^ 23urgi pbci ab Curiam be i5eco2bo 
 
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 fib^ 53nr0i jitiifp apuD OuiljallJ' cjufbem 
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 f iliii qui cidcm ilDilfo in cabcm Curia atiju- 
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 nc tJcrcnrionifi/ DcBi illiu^ unbc conyjiaujtf clt 
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 ab flUquoD tempufif pof! 17 biem <Dttobr 
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 fa Dona ^ catalla ipfiu^Bf Ulici ^tinep aD ta- 
 Icntiam centum lib?arij) alitunc f \%\w nus 
 inbeiit cepcr ^ afpo^tater <^t alia enormia 
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 ni Lanei fugiUitf fieri fuppoie ijbem ^iin^ 
 a^ernon €f)oma;sf iBinton fiiiii^ iJi^o^rijBi * 
 g[c|^ej8f aiticrn Die? qH ^ti miu^ %tjntp ^c^ 
 ioncm fuS) ^bcani indc ^fu^ co0 pcxt non 
 
 Recovery pica. ^fiJCt QUifl did" qUOd €i\jirflj0f £2^100^ eft 
 
 dcd in w>r«. f a tempore eujuif contrarii mcnio^ia f|o- 
 fterCouit. minuni non eriftit fuit antiqua Ciljiraitf iis 
 in0 iilegni SCnglic qiiodtp infra eandem Ci* 
 Ditatcm 5ctur ^ a toto tempore rap;adicta 
 licbatur quedaro Curia dc Heco2tio dci^ 2PnT) 
 ilcgiisf nunc d p^ogcniro^^ fnoi}- llcgum ^ 
 i;icginai|- 3ingt rene cojam 23anibi^ $ 'Hib 
 iicrmaii) Ciljira^ jpd uFq? tr cdum diem vDctobr 
 Sfinno regni jDnD 3(aco()i niip ttCQ\0 %\\g]it 
 dccimononof ^cotie qiiinquagenmo qiiinra 
 f poftca co^2am i1^a)o?c ncco2dato_:c ^ ^^Ider 
 
 maniujar
 
 C6e Latn of Corporation*?, i cy 
 
 ttiannijef (EMtat j^b' p tempore triScii^ tci 
 tot\, flliqint»^ trilj< tod plurib^ ro2|. de olo^ 
 actionib^ pfonaUb^ ouiOiifcinifp infra canDcm 
 Citoitarcm emergen) quoDcK tin ante i^dice 
 rempUitf quofup ponitiic fcactioncmf inrra^ 
 toiicmbqniu^ pd $ capconem f afpo^itaconc jii 
 jpliict^ pccie Ipaimt HaneirapinjS? fieri fupputt? 
 fcil 7^ bic 311ugHl!t 2£nno rcffni bet) IDnt) He- 
 gijtf mine trucfimo quarto m ^d* Curia be 
 Ecfo^bo bci) H^ni) iUcgij^ aune Cibitaf ^bice 
 ten! til <^uifialtj Citoitaf j^diet? eo^am (3(op 
 eij a^oHep MmiiQ tunc ii^ajoje (fcitiitae f 
 ^tJfjoma Street iS^it tunc Hero .tin fo?c e jurofni 
 CitJtrai? ^ Jacotio JJigguijtf (J^iJ^o ®oUep Cd^ 
 mundo ^ttt $ at tunc Alderman eiufdem 
 €iUtat fetdf^ confuetudinem i\\iu0 ^it»ita= 
 ti0 quidam Bo'btu0^Bntt in ppna sfona fua 
 beiD $ adtunefito Ulhni) eonfuetudinnti 
 CibitatiiJ j^dice leliabit quandam querelam 
 fuam $fu;9f pd nicifi) 5fidnep in p!no debitt 
 deccra lijbjarum (f adrunc ^ ifini pctijt ^ct($ 
 QLui ^d' afujSf j^fai? lUicm) 311dnep ad fe^am 
 ipJiu;^ tiohti 'Bntt in loquela jpdict fibi fa* 
 fiend frEdri!) confuetudinem (CiUitat $dict'# 
 n adtune^ i&m eoneedebat Tup quo adtuncf 
 i&m feCdn!) confuetudtnem Ctbitaf j^dtc^ a 
 toto tempore fupdice ufitai f app?oftaf j^cept 
 p eand' Cur dcS pni) KcgiiSf in Ctbitat* |s 
 ^erbienf ad clabam e jufdem Ctbitaf quoli 
 attach feu $c. pd' Hictfl) Slldnep p cozpuef Titoc 
 ^ bona i eataUa fita gita quod eilit ad $1:' 
 Cur dcD H:)ni) Eegii9f OEibitat j^dicf apuO 
 <^uiljaifi Cibitae pd eojam ^fai? Q9ajo2e i^e=^ 
 co2dtifo:e ^ 5fildfriiiun Cibirae j^dic^ tencnl! 
 ad refpond.nU eidfiti Eo&jo Q^urt dc^dco 
 ptits Ljcbi Sbnn dic^ tunc da£ fait eiij Bilij 
 i^Dnrp p cnnDcm Cuij-j^m ihni ^c. CaUfcriii 
 eaii Cur Ctbitnc ^ti ui IsQuda ^jj ^«{tix) fuit
 
 1 60 €'1)C tlniu of Co}poiatloi]^» 
 
 Cjuct! poflcii (I nnrc ^« rrmpiisi quo (f f. frift 
 nD Curiam tJcT' Dm ilf gi5 Dc llerojij Cilir^ 
 t.it* r)dopiiD>Dinbalti ^d coMin pfnto 5ll'^njo:c 
 ncfo:boto;c f 3l!ti?i0 'fl'ibirati0 ^ti Die Hunc 
 fffDo Dtc (Dttobr 3tnno rrgni IDiii^ tiegif/ 
 muif irifcr.mo iinarro fiip^abiff triifpcanS 
 Cur confitifrn^ fair qti titiau0^ohm0l5un 
 rcfiipnrrt ^hia ^['a€ Hicm) ^bncp ^a Dcbifuni 
 fum) 1 o 1. ^ tiainpita fun otlom Dcrcnconi^ 
 Debt illiu^ ati n s. f 6 d. citi HoBto 23urr c r 
 afrenfu fuo p cantf Cur alJjuDif ae fup quo qui- 
 Hem jubicio ^ruisf j^faf Hicifi) Sllbncii in fojma 
 fit ttlitjit pb' noBtu<ei 23uct poffea f ante i^d 
 tfnipu0 quo $c. fciU ab canb* Cur titf) IDnD 
 Ecgiitf be Hcco^bo Cibitae pd apub <0uifjaIzi 
 ^bcnuD fo^am pfato Stfiajox ncco?bato^?c ^ 
 5i:ltj^i^ C!\3itae ^tipbco fcebb bit 0aohi ^m 
 notricffiino quarto fuj^bict* pctijt crfcucone) 
 $ru0 pb nicm) ^Dnc p ^ bebo tl: banipni^ pb' 
 p quob p caniS Cur tunc ^ ibm ^fcpi' fuit 
 fcrbicnri ab dabam ejufbem Citoitaf feu ^c; 
 quob be Donijs if catalUitf pb lliEt Hbneji im 
 fra Ci\iitaf pbiff fieri fac? tarn pb' bebitum 
 becem lib^nruni quam pb' trefbeeem fclibo^ 
 ^ fcji* benar rP bampnijsf (ui^ ^ bcnnr ilt bci 
 rent feu ^e. ab ^ji:' Cur Cibitae pb' apuir 
 ^uilialb' Cibitat* pti eo^\ini ^fae a9ajo:e He,- 
 eo^bato^e f SCIb'jM Cibttaf pb' tunc tencnU 
 ab rebbcnb* pfato Hobto be bcBo ^ bampnijtf 
 pbcisf quob quibcm fcriptum poHe n ^ onre pii 
 reuipu^ quo ^c. 6^ ante abtunc $i;' Cur Cibi-- 
 fati^pb' fcilt cob fecbo bie ODrtolji !3nno tri^ 
 refimo quarto fupbicto apub Cibitne IBigojii^ 
 pb* eib' Cljonic JlDinfOn tunc un) Tcrbifn) nlr 
 clabflin d ininiflr Cur pb' exiileii) bcJitir.if 
 t'utt in fojiiia juns cxTquenb' liirtute rujuiJ 
 i]uibem ^cepf poflca ^ anrc pb* ^pr' Curiam 
 Cibitafi^ij Jb" fcHt eobcni fr?Do Uic ©aobf 
 
 ^3m^
 
 C6e tm of €o?po?atiaitsr. i ^,1 
 
 ^iiiio triccfimo quavto fup:abicfo aputi Cibt^ 
 tat Wigo^i^ pD nc infra JJiiriftiictioti) €ur 
 ptj iUcm Cf)cmni0f tHinton i pb' ^itii^ 
 a^ecnon iiicn0 ^o;vi^ ^ ^0^0 %\ticvn p 
 jpccpf ipfiu^ef €(}ome CHinton ^ in cjuief mxU 
 iium fimul cuni f>D' Cl^oma 2I3inton bomii) 
 pD' in narracone pb' nicnconae onto eiuCDem 
 nomuisf aDtuncapcrt criHcu) ats ptJirf peciani 
 ©anni land ptJci nintD ^Dncp iBm crimen) 
 in cjcccutionc $ bcBo ^ tiampni^ pD' capicnb' 
 ^ fcifiant)' intra\3cr ^ cnntJcm pcciam J)anni 
 iLanci ut Ijona tj rataJia pti' Itici) Slbncp ^^ 
 p^ta in bonio pb' inticnf in crccuSonc $ beBo 
 ^ bampnii^ pb* ccpti* ^ afpo^raiicr' ,put ci^ef 
 fienc iicuit que quibcm intraco bomnef pb' f 
 capilo I afpo^raJo Jbicf pfcie^anni ILanei tx 
 f aufa pbca ^ in fa^ma pbict fact hiut cabcm 
 fractio ^ intratio bomu.sf pbcc ^ caprio # 
 afpo^tatio pbict pccic panni Hanct unbc ph^ 
 nifu^ 3£bnf p Tiipin^ fc niobo qucritai: aBfcfj 
 l^oc quob ipfi ijbcm Hie 32)cnion €lia JJDin- 
 ton Gitiisf {5o;ri«;? ? 3o5f ^ ^illbcrn funt cul^ 
 pabilfjB? be tranrgtcQioiic pbca pbco bfcimo 
 bic ^n\i) 3£nn3 tciccfimo quinfo fup^abicto 
 bcl ab aliquob tcmpuitf poIT pbir? fcciuibum 
 bicm <0a:otir ^nno tciccfiino qiuiito fup^a^ 
 bictomobo ^ fo^ina,put pbirf iilifu^ 31bnqi 
 fupiUjGf inbc Dcrfufif eo^tf qucril ^t Ijcc paratr 
 funt bccificarc unbc pee Jubicium fi phite 
 tiii\x0 3bncp acJoncm fuam pbice quoab 
 fraccoii) ^ intracoii) bomu;^ pbicf $ capconem 
 ^ afpo^ra^oncni pbicepcdc ^panni Snnci bci*^ 
 fujD! f 00 f}txc hcljcat ic* 
 
 €t quoab fcaccciD t imracoi^ bonni^ pbce 
 ^ captioncm $ afpo^tationem pbcol|- reribun) 
 lionoil- f catalloii- in narraJonc pbice fpcci? 
 ficae fiifiiu^ fieri fuppoit ijbcm ^icu^ ^et= 
 non €jipiuaiS? Jl^inton nifujtf ^o^:ci^ % S^^ 
 
 M tc^
 
 i62, ttftc LnttJ o! Cojpo^atton0» 
 
 ttii 3llbcmtJie quotJ actio non ft. and plead* 
 as before. That the City of mutjler is an anci- 
 ent City, &c. and that the faid John AUtrn 
 levied a Plaint there againft the laid Plaintiff 
 Richard Adney in Debt of 40 /. and recovered 
 againft him, and fo had Execution by Fieri fac 
 ti^ainft the faid Goods refidue fcciintlO l)iC 
 <S>a^ht 3ilimO tcicffimo quarto, and traverfe 
 as in the orhcr. R. B. one other of thefe De(en- 
 dants, as to the piece of Linnen-Cloth aforefaid, 
 pleads as the other. That he levied a Plaint of 
 Debt of 10/. A^k\n^ Richard Adne^y and a re- 
 covery in the faid Court and Execution fttlflTI 
 
 fftunbo \i\t Ottoftc' ^nno triccfimo quarto 
 
 fup&ic^, and traverfeth ut fupra. 
 
 <et j^ nilu0 %tincp Dicit qij ipfe p oH. 
 qua p ptjco^ Uilnm IDernon C^omam Wiiu 
 ton. Ulif urn ^o^ri^ef 3Joticm %\ntxn f !5oBtum 
 S3utt fuptUiG^ ptitanOo allegae a& nr^onc fua 
 ^2j tnbe ${u0to^t}tn\i ficlutit non tic&ct (Bnia 
 qtxoah j^d ptitum f^hict ^ilx it^ernon €Ijo^ 
 mc l©inton Ulici iSl^o^cijBf ^ gioj^i^ 3fillicrn 
 quoad fraction) ^ intracoii) UomUiSf i^Dice 
 ^ rapconcm f afpo^taJoncm jptiice pccic l^an^ 
 nt ill narracone ^DicC rupcrtu^g? nicnconaf 
 ititm ^iiu^ %tmtp Ditit quoD pDic{ 0i(f l^er^ 
 non €{)omaj9i Clinton liitf SD^o^riisr $ 3[o^f je? 
 ^li)ern tite $ anno ptitce in natraSone fuptujES 
 fpecificae aputi Cibf taf WlHioo^W pbicf tie in^^ 
 iuria fua j)p;ta t aCir(F aliqua tali caufa p 
 ipfo^ fusiuj^ ptitantioallrgafboinum ipftu^ 
 Kief ^tinep pDirf fregcr' ^ intratocr' f pDicf 
 . peciam panni ILanei abtunc f iBm inbcne 
 ccpfr' (I afpo^taVicr' motto ^ fo?ma $ut iDrra 
 ilicus ^tincp fupiUiSf in nnrr tntic allccabit 
 3£bfqF{ !)o: quotJ lictur tale Hf co:ti' retupera^- 
 2onijrf tjeBi $ Dampnoii- ptJcoi^ $fujBf ipfmn 
 ^iti KlOne|i in ptitcf Curia CiDitatt^ Wu
 
 COc iato of €o]po^atfon0, x5j 
 
 Qo^rb ptiict remanent quale jptiirf $iitu^ %r, 
 hon €f|oniOiQf Wintott Eicu^ fi^o^rijBf ^ gfo. 
 f}t0 ^Ititvn fiipiiiia? aHegaVicr oBt ^oc para£ 
 f ff toificarc unUc pee giubicium f Danipna 
 fua occafione frarfonj^ f iiitraJoni^ boini|^ 
 phici $ capcoiii0 ^ nrpo^taccniiei pticr pedc 
 J^anni Hniifi in narraJone jpoitf fupiui? Ipc* 
 eifica^ berruiSf pfaf ^icum 3i)ernoit Mficm^ 
 minton jRicnD a^ojrijBf f gotnn ^|?jjrn iii- 
 tie fi&i atijiiDicnrf. 
 
 Ct quoatj pDiftprirum ^bfoijL ii^ifi i^ev^ 
 lion Cfiomc IDinton Hici ill^o.^riiflf ^ ^otJiiU 
 2ClDern qiioab fraccofD f intcacoi?) ftpfiiu^ ptf 
 $ f apcoii) $ afpo^2tacon) jptiic f rcfid' fionoif ^ 
 taraHolf. pdic^ in narracdii) pUc a U}petiu0 
 fititet mcnconai ipcm 0icuj0f 5llOnep tiicit $c» 
 tt injmia Tua ^p^iaabfcH tale caufa ($i\t tw 
 
 p^a) and rraverfsth the Record, as bsfore. 
 
 €t quoah plitQ) ptikt phiti Botti OBurt 
 quoalJ fraffoii) ^ intracof^ tiomu^ ptiicf ^ 
 capcoi^ ff afpopfiicoa)pt|icf pecie¥|anntlanci 
 itiem iHihiier 3(ltinep tiicit pdiidi hon Debet 
 quia bie qtJ tie injur Tua ,ppji$^ and travprfeth 
 the Record, as in the other. - 
 
 ^t pDici? miEuiflf ©ernon CSomatf H^inton 
 fii^ujrf ^o^riitf 1 3?o|^eiSf 31lHiern quoaU fpac? 
 coiD f intracoiD tiom^ ptiicf f capcoii) % afpp?^ 
 tacoiD Jti pecie \danni San^i in nacraJonc ^ti 
 fuperiuidf menionai? fuperiuitf fieri tlijpp$ic 
 ut p;iuj6f titcit quoD j^etut tale 0eeo^ti recu^*, 
 peraEoniitf befti ^ Dampnoi|. Jbicf $ru^ pbice 
 J^iJum ^linep in pDict? Curia Cibitae J©ir 
 gojfl) ^\iut remanen) qua! xpR ijDem ^itu0 
 l^ernon €i)omni0f Oliinton JUica^ ffl9o^rii^ 
 f Iio!)r^ 3ilit!crn ruptUjSf inbie aliegatocr <Qt 
 Ijioc parati funt $iffcare p Jieco?ti itfub* 
 >Vnd plead the (ame as to the refibUUtn bOj» 
 
 M a AM
 
 164 ^(jc taiu of Co2po^^tion!?. 
 
 And Burt pleads, fjabctut talc iJcco^ti 
 ^c^ 9ItJfo j^bfo micu^ aDcrnon €t)onia^ 
 Winton nicii|3 ^o^ri^ef $ 3'obcjef 3CIDcrn 
 j^eant JIlc co^tl iHub l]ic in ODctab ^cD li)iHa* 
 cU fui^ ptciiliioi iDcm t)ir;8i Dnt en partitiUief 
 ftiicf l^ic f c. €t qiioab trianti frpalc^ txituB 
 inter pactei0f jplJift fupiu^ juncc jpcept cK lt)i- 
 f ecomit qb Uenirc faC ^c» 
 
 Note, The Plea is not good. 
 I . He ftiews the Court was held coram BalUvisy 
 
 and then coram MajorCy d^c. and (hews not 
 
 how the Stile came to be altered. 
 a. Pleads Adiions of Debt, and fhews not that 
 
 the Debts arife infra 'Jurifdiciionem Cur"*, 
 
 3. Shew Provifoe by Attachment ^er corput file 
 catalUj which is not good. 
 
 4. Traverfe is ill ^ for the Trefpaft is laid the 
 I oth of June and the id of O^ober^ and the 
 Traverfe is rf^/^j hoc-, &c. 10 Junij vel 
 al"* quod tempus foji i OUob\ whereas he 
 ought to traverfe all times ante emanttonerff^d^ c. 
 velfofi Retorn'. 
 
 The Plaintiff's Replication Is ill. De injuria fua 
 propriay c^r. ahfej-, hoc quod habetur aC quod tale Re- 
 cord\ which is a double Traverfe^ 
 
 But the Plaintiff having well declared, and the 
 Pica being ill, the Plaintiff ought to have Judg- 
 ment, though the Replicatioh be ill j and fo the 
 . Plaintiff had Judgment, 
 
 CHAP.
 
 C A P. X. 
 
 How, and in what things, and to 
 what purpofe a Corporation may 
 Prefcribc or not. 
 
 The Corporation of Dublin to recover three pence 
 per Pound of all Merchandifes. Court of Chan- 
 cery in London by Prefcription. Vrefcription 
 for Common, Vrefcription for Wharfage in 
 Queen-hyth, pleading by way of Cufiom and not 
 Vrefcription. A Corporation^ how to prefcribe. 
 A thing may be good by Prefcription^ too not by 
 Grant. Cannot prefcribe to be dif charged of the 
 Annual Cufiom, a Revenue of the Crown. A 
 Corporation, how to prefcribe. Que Efiate^ how 
 to be pleaded. Vide Pleading. 
 
 IT is a good prefcription for the Corporation of 
 Dublin, that they are Owners of the Port of 
 Dublin, and that they maintain Perches in the DuhUn. 
 fiiid River, and direct the Ships in the deep Chan- 
 nel, and that they maintain the Key and Crane, 
 and that in confideration of this they prefcribe to 
 receive of all Merchandizes of the Port three Pence 
 in the Pound, d^c. Here is Quid pro Quo, and fo it is 
 a good Prefcription. xRol. Abridg. i6s^. 
 
 A Corporation prcfcribed to arrefl a Man upon 
 (ufpicidVi of Felony, and to imprifon him for three 
 days, and after to carry him to the next Goal. 
 This is againft reafbn. ax Ed. 4. 45, 
 
 The Lord Mayor of London may prefcribe to 
 have a Court of Chancery in London, of matters Court of ch,ji 
 tryedin the Court of the Sheriffs of London, altho eery by Pic- 
 fuch Court cannot be granted by the Kings Letters ^ciiption. 
 Patents, x Kol. Abrvdg. z66, 
 
 M 3 A
 
 i66 
 
 C6e Laiu cf €o?po^Qt(on0» 
 
 Corporation 
 
 Fcrfons inrer- 
 eftcd in the Re. 
 venues and 
 Profit. 
 
 jror Common. ^ Corporation may prcfcribe to have Commori 
 in Grofs, for the benefit of thtlr particular Mem- 
 bers, but not for Common in Grols without Mem- 
 ber.. But they make it for hcdiisLe'vant and Cou- 
 tbant. For a Corporation may prefcribe for the 
 benefit of their particular Members* as. well as a 
 natural Pcrf<jn may prefcribe for Common, or eafc- 
 ment for himfclf and his Tenants; fur though a 
 Corporation aggregate, is a thing of imagination 
 only, having no Dody or Soul, yet the Law takes 
 notice that the natural Perfbn, Members of the Cor- 
 poration, upon which the Corporation confifts, are 
 not Strangers to the Corporation, but that they are 
 Perfonsinctrefltd in all the Revenues and Privileges 
 of the Corporation, of which they are Members, 
 I SanJ. 54^. Alellor and Spatman. 
 ' Defendant in Trefpals for taking away a bag of 
 Nutmegs, pleads, That the Mayor and Commonal- 
 ty of London, time out of Mind, were feifed of a 
 Wharf called Queen hytb, and have ufed to take 
 for Goods laid upon the faid Wharf, to be convey- 
 ed from thence by Water, of Perfons not lawfully 
 difcharged thereof. Wharfage, {^viZj.) per Znx&tw, 
 and to Diftrain, &c. The Plaintiff in his Repli- 
 cation confeffesthe Bar^ and lays it, that within the 
 faid City there was, and time out of Mind, had been 
 aCuftom that all the Freemen of the faid City had 
 been, and ought to be difcharged of the payment of 
 Wharfage for their Goods, and avers, that he was 
 a Freeman of the faid City. Defendant denies the 
 laid Cuftom. Ver Hohart, and the Court, as the 
 Defendant pleads it for the City, it is a mere Prc- 
 fcription in the Corporation, and if he had joyncd 
 "unto it (as he ought to have done) the point of di(- 
 tharge of Citir.ens exprefly Cas he did generally) 
 Under the name of Perlons difcharged, it had been 
 a <nere Prelcription thrbughour, and fj pleaded. 
 And it being thewcd fb of the other fide, its a 
 ' breach 
 
 Sjitm-hyth.
 
 €JBe Mtjo of €owoi^tion^. i6j 
 
 branch of the fold Prcfcription ; but jet k*s true» 
 that being pleaded apart by it (elf hj the Inhabi- 
 tants, it muft be pleaded by way of Cuftom, and Pleading by 
 not by way of Prefcrsption, not becaufc of the na- way of Caftowi 
 ture of the thing, but becaufe the Freemen cannot ^"^ "f* ^'*° 
 prefcribe in their Perfons, and therefore are allow- ^^'P*"®- 
 ed to lay a Cuftom for their difcbarge ; fo that na- 
 turally Prelcription, or a thing prefcriptable isj io to 
 be laid where by Law it may be, and not by way 
 of Cuftom ; and where it cannot be by Law^ and 
 therefore is pleaded by way of Cuftom, she na- 
 ture of the thing is not changed, but remains ftill a 
 Prefcription in its kind, tho it be allowed to be 
 pleaded by way of Cuftom for neceflity foke, and 
 matter of difcharge may be laid by way of Cuftom^ 
 for that it is not an Intereft but an Exemption. 
 Hob. %6» Day and Surage. 
 
 15 Edw.4.. xf, ?ii The Mayor of C&uentrf ^ 
 was direaed to prefcribe thus. By the Mayor ^®^®^^ 
 and Citizens for the Inhabitants, which placeth the fgjjijg^ 
 Intercft in the Corporation, tho the Inhabitants have 
 Intercft thereby,. 
 
 Where the Prefcription is to Houles, they muft 
 be (aid Ancient, but not fb where the Prefcription 
 is by Corporation 5 and tho the Inhabitant cannot 
 prefcribe yet he may have the benefit of it. 3 Keh. 
 248. 
 
 ^0 Warranto was brought again ft the Corpora- 
 tion of Bofion in Lincolnjhiret and they by Prefcrip 
 tion demand Toll- thorough, in confideration of the 
 reparation of Bridges, and pavements of their 
 Street, and reparation of Sea Banks. Per Cur. Tho 
 Tpll-thprough fjmply may not be claimed, yet 
 when it is upon confideration it is good, fb Toll- 
 turn ; they ^Ifo claim the forfeiture of foreign Good by Pro- 
 bought and foreign ibid, and that it was held that fcripcion, tho 
 this is good by Prefcription,tho not by Grant ; they "»' ^f Grant^ 
 alfo claiai to make Orders, and for breach to com- 
 M 4 mir^
 
 1 68 Cbe Lato of CEo^pojatton^. 
 
 nilt, but this is not good. Sir Thomas Jones 1 61, 
 Cannot pre- A Corporation cannot prefcribe :o be di^liarged 
 fcribc to ledif- of the ancicnt grand Cuftom, nor to receive it, for 
 charged of the (j^j^f jf jg 3^, annual Revenue of the Crown, z Rols 
 
 annual grand ai 1 / , 
 
 Cdlon. ^^n^/^- 264. 
 
 A6tion on the Cafe. Suppofing that the Go- 
 vernor and the Poor of the Hofpital of the Holy- 
 Trinity in Greenwich, of the Foundation of Henry 
 Earl of Northumberland^ was feized in Fee of an 
 Houfe in the Parifh of St. Martins in the FteUs, 
 and that he and all thofe whofe Eftate in the faid 
 Houfe have had a Foot-way from the fald Houfe to, 
 &c. and let the fald Houfe to the Plaintiff for 
 Years: That the Defendant erc<5led a Gare crofs. 
 Yerdi^ pro ^er. Ic was moved in arrcff, that the 
 Declaration was not good, becaufe it is fhewed that 
 the Corporation, and all thofe whofe Eflate, &c* 
 
 J, ^ P have had, d^c. whereas a Corporation cannot Pre- 
 
 tion to pre- ' fcrjbe but in him and his Predeccflors. Alfo one 
 
 fcrile. cannot plead a ^e EJrate without fhcwing how 
 
 by Deed, for they cannot have it without Deeds* 
 But per Cur. the A6lion is brought by Leffee for 
 Years, who hath not the Deed ; and it is but a con- 
 ' veyance to the A6lion, which is grounded upon the 
 Difturbance done to his PoIfelTion ; but if he had 
 claimed Rent or Common in Grofs, which cannot 
 pafs wirhout Dced,it had been otherwife ; for there 
 •he could nor plead ^e EJiate without (hewing the 
 
 Sine iijlate Deed how he came by the Eftate. Cro, Jac,6y^. 
 
 tZ^A ^= Slackman and fFefi. 
 
 The Mayor of Londcn may prefcribe to have a 
 
 ' Court of Chancery in London, of matters tryed in 
 
 'the Courts of the Sheriffs of London, altho fuch 
 
 ■ Courts cannot be granted by Letters Patents of the 
 
 King. 1 Jlol Abridjr. r66. Andrews and TVebh.BuK 
 
 i: 's not ^ '= ro rhr Vhivor of TorL 
 
 CAP. 
 
 fjcadcd.
 
 €t)C latt) of Co^po^attonsf. 1 69 
 
 CAP. XL 
 Grants by, or to a Corporation. 
 
 What things a Corporation cannot do^ but hj Deed or 
 not. Attorn. Surrender^ Acceptance of Rent. 
 7 he Bailtffin Ajjix^e of Freflj Force cannot appear 
 •without Warrant in "ivriting. Cannot Licence one 
 to take their Trees without Deed, nor fend one 
 to make a claim to Land^ nor command one to 
 enter for a Condition broken. Of Conveyances of 
 Land by a Majier and Fellov/s of a College, 
 Dean and Chapter, &c. Star. I 5 Eliz. c. i o. 
 Confiru& ion of the Statute, 1 8 Eliz. c. 2. Fine 
 and Non-Claim if a Bar. Hoiv others acknow- 
 ledge a Deed to be inrolled. Letters Patents void, 
 the King not being "well apprtfed of his Efiate. 
 May or, ^c. mt named by their Name. Diffe- 
 rence between a Corporation Aggregate and Sole. 
 If Grant to a Corporation that wants a Head^ 
 how good, or not. Name of Baptifm mifiaken. 
 Grant void for incertainty. Upon Grant of half 
 yard Land to a Corporation, how they muft 
 tpake EleBion. Grants^ Leafes made by a Cor- 
 f oration. No delivery necejjary to a Deed of a 
 Corporation. Corporation is net to be feifed to 
 another s Ufe. Capacity to take, but not to hold., 
 Letter of Attorney to take Vojfefion. Of Parties 
 to the Indenture. A prejldent of the Grant of an 
 Annuity granted by a Corporation, in conjideration 
 of good Service done. Leafes and Grants of 
 Colleges and Hofpitals when they Jhall be good or 
 
 ' net, and how to be qualified within the Statutes-, 
 iUufirated byfeveralCafes ofdevifes toCorporations, 
 
 M 
 
 UST by Warrant of Attorney enter for a 
 Condition broken. 4/?fp. I19. b. 
 
 If
 
 1 70 ^Ije Lauj of Coapo?at(on0* 
 
 Attwin. If Mayor and Commonalty of LonJonhad Eftate 
 
 for Life, of J.S. if the Mayor and Commonalty 
 attorn to the Grant of tiie Reverfion, the Law re- 
 quires it fliall be by Deed, though the Grantee does 
 not claim in by thofe that Attorn, or that At- 
 tornment is but a Confenr, yet in pleading the Deed 
 of Attonitncnt ought to be ftiewed. 6 Rep. ^8. b. 
 A Corporation aggregate of many, cannot make 
 
 Surrender. exprefs furrender without Deed in writing under 
 their Seal, yet they may by A£t in Law furrender 
 their Terra without writing. The Cafc was upon 
 Information of Intrufion, and fpecial Verdi6t upon 
 it. Queen Eltz.abetb demifed to the ChurchwarT 
 6fvsoi St. Saviours Church in Southwark (who 
 were incorporated by the Stature 5x H. S.) the 
 Rectory of it for X i Years^ and after they accept 
 a new Leafe for 5:1 Years, there need not be aftual 
 furrender in this cafe, and the words w*<i> hAben* 
 tes & ad frtfens fofftderi &c- Prove that at the 
 time of making the faid Letters Patents,the Church- 
 Wardens had the laid Term for Years in them j 
 and by this it appears it was not the Intention of the 
 King, that they (hould make any Surrender before 
 the Letters Patents, but that the acceptance of the 
 Letters Patents, they having the Eftate in them, 
 fliould be a Surrender, i o Ke^. 6j. the Cafe of 
 the Church-wardens of St. Saviours in Southwark. 
 And it was refolved in that Cafe, that the delivery 
 made by the Church- wardens of the faid Letters 
 Patents into the Chancery by their hands, without 
 writing was fufficienr, and as much as they ought 
 to do, and it belongs to the Lprd Ch^nuellor to 
 cancel it. 
 
 The Mafter and Fellows of Mfigdalen-College 
 conveyed the Land and Parcel of their College to 
 Queen Eliz,ahethy againft which they were reltrain- 
 td by the A6t of 1 ^ Eltz,. upon which Conweyaaee 
 a Rent was rcferved. The Mafter of the College 
 
 accepts
 
 Cbe Haiti of Co^poiatiou^. 1 7 1 
 
 accepts the Rent, gives a Receipt for it under his 
 
 Hand (not under the College Seal) this Acceptance Acceptance of 
 
 of the Rent by the Matter, fhall not difable or con- Rent. 
 
 elude him and the Fellows to enter into rhe (aid 
 
 Lands (• aliened , for that this Body politick is a 
 
 Body aggregate of many, and the Mafter only by 
 
 \iis Acceptance may not diveft any Right or Inte- 
 
 reft which is in him and the Fellows, and conclude 
 
 him (efpecially it being without Deed) to enter into 
 
 ^hc fame. 1 1 Ref. Magdakn-Collfge Cafe. 
 
 In Aflize of Frefh Force brought againft Moor^ 
 
 and the Corporation of Mercers in London. Moor 
 
 appears in proper Perlbn, and the Corporation by 
 
 their Bailiff, who had no warrant in Writing. And ^aylllF in Af- 
 
 per Cur. the Bailiflf cannot appear without warrant ^ °' 
 
 * ITT • • J /■ I • A I ij r Porcc cannot 
 
 in Writing j and lo their Appearance was held tor appear without 
 
 null. It was faid in this Cafe, one may juftify in a Warrant in 
 Trefpafs as Bailiflf to a Corporation without Deedi writing. 
 Q. It was alfo faid a Bayliff of a Mannor Ihall not 
 have Ati^ion of -Debt for his Salary, without Deed 
 agai nit a Corporation. Plow.^i. b. 
 
 Trefpafs was brought for taking Ship and Sails* 
 The Defendant juftified by a Command from the 
 Governors and Society of the Trade in the Cana- 
 riesy who were incorporated by that Name, and 
 liad the fble Trade granted to them, with a Forfei- 
 ture of all fiich Goods as fliould be brought hither 
 from thence, by any not of their Company, and 
 that the Ship of the Plaintiff brought Goods from 
 thence. Plaintiflf Demurs, becaufe he juftified by a 
 command from a Corporation, and did not alledge 
 at to be by Deed. It was agreed, that a Corporati- 
 ^on might employ one in ordinary Services without 
 Deed, as to be a Butler. 1 8 Ed-w.^. or Bro. Corf. 
 59. or the like. But one cannot appear to Aflize 
 Hbrought againft a Corporation, as Bailiff /i»»i fait^ 
 II H. 7. 27, Neither can they licence one to take 
 their Trees wkb^ui Deed, nor fend one to make a 
 
 Claim
 
 172^ 
 
 ^(jc KLntu of Coapo^atioucf. 
 
 Claim to Lands. 9 Edw. 4. 39. nor command one 
 to enter for a Command broken. 7 H. 7. 9 Rol. 
 AbrtJg. p8. I Vtntr. 41. Horn and Joyce. 
 
 If the Dean and Chapter put the Chapter Seal to 
 a Deed, this is good without delivery. But if the 
 Dean and Chapter have right to Land,but they can- 
 not make a good Leafc before Entry made by them 
 Into the Land (as an eftranger had of a void- 
 able Leafe) they may make it in writing, and affix 
 their Seal to ir, and make a Letter of Attorney to 
 J.S. to deliver it as their Deed upon the Land, 
 who delivers it accordingly, this is a good Leafe ; 
 for the affixing the Seal to the Leafe doth not 
 make it a Deed, they being out of PofTeffion until 
 the Attorney hath delivered it as their Deed upon 
 the Land, and that otherwife it would be void. 
 2 Rol. Abridg, 14. Fludd and Gregcry. 
 
 Of Conveyances of Lands ly Mafters and 
 fellows of a College ^Dean and Chapter^ &c. 
 
 PER Stat. 13 £//2S. c. 10. *' All Leafes, Gifts, 
 ** Grants^ Feoffments, Conveyances,or States, 
 *' to be had, made or fuffered by any Mafler and 
 " Fellows of any College, Dean and Chapter of 
 *' any Cathedral or Collegiate Church, Mafler or 
 " Guardian of any Hofpital, Parfbn, Vicar, or any 
 *' other having any Spiritual or Ecclefiaflical Li- 
 *' ving, or any Houles, Lands, Tythes, TenC' 
 *' ments, or other Hereditaments, being Parcel of 
 ** any fuch College, Church, Cathedral, Hofpital, 
 *' Redlory, Vicaridge, or any other Spiritual Li- 
 " ving, &c. to any Perfbn or Perfbns, Bodies Po- 
 *' lirick or Corporate, other than for 21 Years, or 
 " 5 Lives, fhall be utterly void, and of none ef- 
 " fea 13 Dec. I J FMz,. The Mafter and Fel- 
 lows of Magdalen-College Cambridge-, by their 
 
 Deed
 
 ^6c lam of Coipojatfonscf. 173 
 
 Deed enrolled In Chancery, did give and Grant to 
 our Sovereign Lady the Queen, all that Mefluage, 
 (^c. Habend. to the Queen and her Succeflbrs Tor 
 ever, paying i^l. fer Annum Rent to the Mailer 
 and Fellows, under this Condition, That if the 
 Qijeen, her Heirs and Succeflbrs, fliall not fufficl- 
 ently convey and afTure by Letters Patents, &c* 
 the faid Memiage to BenediB Sfimla ai\d his Heirs 
 before the firft day of Afril next enfuing, then this 
 prefenr Indenture to be void. Vex Stan 1 8 Eliz* 
 c, ^. of confirmation of Letters Patents, its recited, 
 that after the firft Year of the faid Queen, divers 
 Mannors, Lands, dfc. were conveyed to the (aid 
 Queen, her Heirs and Succeflbrs, and divers Bodies 
 Corporate, for the perfect Aflurance whereof It 
 .was enadted. That all Feoffments, Surrenders,Con- 
 veyances and States in any manner conveyed with- 
 in 7 Years after the end of that Seflion, to the 
 Qucenj by any Perfbn or Perfbn-s, Bodies Politick^ 
 id^c. of any manner, c^c. for any Debt, Money, or 
 ether Confideration, fliall be good in Law to all In- 
 tents, d^c. faving to all Perfons^ &€. And further 
 enadls, That all Letters Patents, Indentures, d^c. 
 lealed with the Great Seal of England, &c. then 
 made and granted by the faid Queen fliall be goad 
 and efFe£tual In the Law again ft the faid Qijeen,her 
 Heirs and SuccefTors, according to the Tenor and 
 Effe6l of the l^Id Letters Patents. Queen Eliz,aheth 
 29 J-an. the feventeenth of her Reign, granted the 
 Mefluage to BenediU Spinola^ and his Heirs. Spinola 
 2 1 Eliz,. granted It to the Earl of Oxford, and he 
 levied a Fine in Trin. 14, Eliz. which by mean 
 aflignment came to Cafiilion, Leflbr of the Plain- 
 tiff j Earl of Oxford paid 1$ I. Rent to the Maftcr 
 of the Gollege, who received the ^me, and after 
 enters. 
 
 I ^ If the faid Conveyance made to Q. £/;- 
 . x,ah(bf by the Mafter and Fellows of the faid 
 
 Houfe,
 
 1 74 ^6e UattJ of Cojpo2at(on0* 
 
 Houle, parcel of the PofTeflion, after the Ad of 
 1 3 Eliz,. was re (I rained by the Paid A<^. 
 
 Per Cur. The Aft of i ; £//2i. reftrains the falci 
 Maftcrsand Fellows to convey the Houfc to the 
 Qiicen : Though the Queen is not named in the A<fV, 
 fhe is within the words, Any Terfon or Perfons, Bo- 
 dy Pplitickj^c. and the intent, for the prefervation of 
 Church Land, d^c. i. Reafbn,Thc Mafterand Fel- 
 lows are difabled by the faid Aft: to Grant, and then 
 if they are difabled thtQiieen may not rake of them. 
 2 ^ Adniitting the faid Conveyance was re- 
 ftraincd by the Aft of I 3 Eltz. If the faid Aft of 
 1 8 Eliz,. had fupplied the defeft of it, and made it 
 perfcft. 
 
 Per Cur. The Statute of 18 Elizuibetb had not 
 
 given any Vigor or Effeft to the Grant made to the 
 
 Queen, for fuch Conveyances are made by that 
 
 Aft which are for (atisfaaion of Debts and Sums 
 
 ConftruflJonof of jyjoj^ or other good con fide rat ion ; and this 
 
 the Stature, ^ ^\ r\ l • f rv l c 
 
 Eliz. c 1. ^rant to the C^een not being tor any Debt, bum 
 
 of Money, or other good confideration, it 13 out 
 of the Letter of the Aft, and the Rent was not 
 payable till Michaelmas^ and the Queen was com- 
 pellable to Grant In ^pril. But admitting it had 
 been for fatisfaftion of Debt, or Sum of Money, or 
 other good Confideration, yet the Aft of i 8 Eliz. 
 (hall not extend to this cale ; for they are difabled 
 ferAft of Parliament of the ipk. So if Bifliops 
 without the Aifent of the Dean and Chapter, by 
 Deed Enrolled had granted to the Queen, ner Heirs 
 and Succeflbrs, and afterwards the Stat. 1 8 Eliz. is 
 made, that (hall not make the Grant good agalnft 
 the Succeflbrs, for the Perfon of the Bifhop Is dif- 
 abled to grant this without the affent of the Dean 
 and Chapter to bind his SuccelTor. But when the 
 Perfon is able, and had power upon the Land, an J 
 the Deed is good and lawful, but wants circum- 
 ftance, as Inrolement,' or the lil?e, there fuch Deed
 
 €be tm of Co^pojatf otti9« 175 
 
 is eftabliflied, and fuch Deed is fupplied by the faid 
 Aaofi8£/»4. 
 
 ij. 3. If the fald Flrte and Non- claim fof five 
 Years, (hall bind the Right of the faid Colledgr. - 
 
 Per Cur. It fliall not. The Fine doth not bind 
 them. The Eftate conveyed to the Queen was 
 good, during the Life of the then Mafter, who was . 
 alive at the time of the Fine levied, and none could q"^^" ' 
 enter or claim during his Life ( for Co long it was 
 
 food) but if the TucceedingMafter enters wichin five 
 'ears after his Death, this Entry avoids the Fine. 
 1 1 Rep: Magdalen College Cafe. 
 
 Archbifhops and Rifhops reftrained per Stat. 
 1 Jac. c. I. aredifabled to do any thing m preju- 
 dice of their Succeflor. 
 
 fV. A. Mailer of the Savoy ^ and the Chaplains 
 there brought Debt againfl: Anderfen. The Mafter 
 and Chaplains leafed Lands to the Defendant for 
 certain Years, and afterwards he accepted of them Deed inrolltd., 
 an Indenture of Bargain and Sale to him and his 
 Heirs, by exprefs words of Bargain and Sell, with- 
 out other words ; and one of the Mailers of the 
 Cbanceryt within the fix Months, came to them into 
 their Chapter-houfe, and before him they acknow- 
 ledged the fa.\d Indenture to be their Deed, and 
 prayed that it be inroUedj which was done accor- 
 dingly. It was moved, if the Mailer and War- 
 dens ought to have appointed one by their Warrant 
 to be their Attorney, to acknowledg the laid Deed* 
 It was alio moved, if there needed an Inrolcmentat 
 all, becaufe the LefTee had thsn an Intereft in the 
 I,and for Years ; and lb whether the words. Bargain 
 and Sell fhall be of llich force as the words jdedt t^ 
 concejji. Ver Cur. It being mrolk^j ^'t is^gaoiJ. 
 3 Leon, 84. Abjalon and Anderton. 
 
 Grants
 
 176 Clje LaU) or Co?po^1tfan0; 
 
 Grants to a Corporation. 
 
 K 
 
 'Ing Henry the Eighth fcized of the Manner of 
 
 Torrivgtcn^ and ot a Market within the faid 
 
 Manor every Week-, and of a Fair held at Michael- 
 mas. Queen Mary incorporated the Village of 
 Torr'ptgton by the Name of Mayor, Aldermen and 
 Burgelfes, and doth not grant to them Feriam fuam 
 or Nundinas fuas , but grants to thera Je Gratia 
 fpeciali ex certa Scientia d^ mero motu ejuod ip/i d^ 
 SuccejJ'ores fui pof/irjt habere d^ tenere extuhc unum 
 mercatum quolibet die Sabbatt, ^c. ^ duas Nun- 
 dwas ibtd, annuatim , 'videlicet at Michaelmas 
 and St. George?. Day, ntfi Mercat* & ¥lundii^ il? 
 ejfent ad nocumentum -vtcinorum mercatorum tjf* 
 'vicinarum nnndinaruni. Adjudged this Grant was 
 Letters Patents Void : For the Qiicen was not well apprifcd of her 
 void, the King own Eftate ; for when her Intent appears by her 
 not being well Grant to create a Fair at Michaelmas, nifi fit ad 
 Eftat ^ ° '* nocumentum.^ which are the uflial Words to create a 
 new Fair, and though the Patent is de gratia fpe- 
 ciali certa Scie?ttia e^ mero motu, yet it fhall not 
 pafs the Ancient Fair, for the Intent of the Grant 
 was to create a new Fair \ and yet if it had been 
 in the cafe of a common Perfon the ancient Fair 
 would have pafTed. i Rep. 49. a. b. and 5* 3. Had 
 the King been apprifed, lie would never have 
 granted another new Fair to be held at the fame days 
 and fame place. 
 
 A Remainder to a Corporation which is not 
 
 at the time of the Limitation of the Remainder is 
 
 void, though fuch be ere£led afterwards during the 
 
 particular Eftate ; for this is Potentia remota 2 Kep, 
 
 51. a. 
 
 lAz^or^&t. not A Feoffment may be made to an Abbot and 
 
 named by their Prior by the Name of Abbot and Prior of fuch a 
 
 Name. pjace
 
 Cfje U'Stu of Co^po^at(Dn0, 'i-il 
 
 Place without naming them by their Name of l3a- 
 ptifrn. 29 Ed. ^. 13 or 136. Same Law ot a 
 Mayor and Dean. 
 
 As to Grants the Diverfity is thus, between a 
 Corporation aggregate of many capable Persons, 
 and a fole Corporation ; as if Lands be given to a 
 Dean and Chapter, they have a Fee Simple without 
 thefe ^ords (SuccejJ'ors') for that the Body never 
 dies. But if Lands be given to a Bifliop, Parlor, oiffcrenrs be- 
 or any other fole Corporation, who after their De- nvecn a Coi- 
 ceafes have a Succefllon. tiicre without thefe Words p^rationaggra- 
 (Succefon) nothing pafTeth to them but for Life S^e and iole. 
 (except in cafe of Frankalmoigne. i Itjjl. 94 b. * q.- 
 So if one give Land to the King by Deed indented 
 and inrolled. 9 h. q. 
 
 If a Corporation wanteth an Head. When there 
 is no Dean or Mayor they cannot make Claim, or 
 continue Claim^ becaufe they have neither Ability 
 or Capacity to fue any A6iion ; and a Grant lb Grant to aGor- 
 made to them is void; becaufe the Body is not P^'^'"''^ '^^' 
 compleat. This is to be under Hood of an imme- |''^" ^'^^ """* 
 diatc Grant, for if during the Vacation of the Ab- ^^J^ ^ 
 bot o^ Dale J a Leafe for Life or Gift in Tall ismade^ 
 Remainder to the Abbot o^ Dale and his Succefiois, 
 this Remainder is good if there be an Abbot made 
 during the particular Eftate. 
 
 If there be Mayor and Commonalty of D. and 
 the Mayor dieth, a Grant made to the Mayor and 
 Commonalty of D. is void for the Caufe aforelaid. 
 But in that cafe if a Leafc for Life be made the Re- 
 mainder to the Mayor and Commonalty of D. the 
 Remainder is good if there be a Mayor elecled 
 during the particular Ellate. 
 
 If Lands be given to George Bilhop of Norwich N'^f"- ^^ ^'^- 
 where his Name is John ; yet fuch Grant is good, P'''"^ mift*k<;ii 
 though the Name of Baptifm may be miflaken ; for 
 there can be but one of that Dignity or Name- 
 
 N If
 
 178 Cljc ILalu of Cojpo^atfon^* 
 
 Miyor not na- If by Licence, L^nds are given to the Dean and 
 jncd. Chapter of the Holy and individed Trinity of Nor - 
 
 oi'-icb, this is good, tlio the Dean be not named by 
 his proper Name, if there were a Dean at the time 
 of the Grant, but in pleading he muft fhew his pro- 
 per Name, And fc) it was held, j 3 EJw. 4. A 
 Grant good to a Mayor, Aldermen and Commonal- 
 ty, albeit the Mayor was not named by his proper 
 Name, but in pleading it muft be fhewed. i Itifi. 
 3. a. 
 
 Queen Eliz,aheth being felzed of a great Wafte 
 in R. granted to the Mayor and Burgefles of Chip- 
 fjaT»,t\ie moyety of a Yard Land in the faid Wafte, 
 withoul certainty in what part of the faid Wafte 
 they fliould have the fame, or the fpecial name of 
 the Land, or how it was bounded and without any 
 certain Defcription of it : and afterwards ihe Queen 
 Grant to a granted to Sir IVilliittn Hungerford the faid Wafte, 
 Mayor, &c. ^^^ afterwards the faid Mayor and BurgefTci, by 
 ^^^|^J°;'^^^"* warrant of Attorney under the Common Seal, 
 authorifed one A. to enter into the faid Wafte, and 
 in the behalf of the faid Mayor and BurgefTes to 
 ele6l one Moyety, &c, who did fo accordingly. 
 Upon this matter given in Evidence, the Parries 
 did demur in Law, and the Jury was dlfcharged* 
 Ter Cur. The Grant to the Mayor was utterly 
 void for the incertainty of the thing granted. 
 
 If a common perfbn make fuch a Grant it's good 
 enough, and there the Grantee may make his choice 
 where, &c. and by fuch choice executed, the 
 thing fhall be reduced into Certainty •,. but the 
 Grantee cannot have fiich choice againft the King, 
 and it was held that this Grant was not only void a- 
 ,- ,„» «f Sainft the Qiiecn her felf, but aQ[ainfl: Sir IVtUtam 
 )alf a yard Hungerford her Patentee ; and it was held, that it 
 i.and, how a common perfon had made filch a Grant to a 
 7 make E- Corporation^ which ought to be reduced to certain- 
 ly 
 
 fl-.r 
 
 JclTiIoq
 
 Cfjc Lain of Co^pojatfon^. 1 79 
 
 ty by Ele6l:Ion ; the Corporation fhould not nialce 
 their Election by Attorney, but ftiould make a 
 fpccial warrant of Attorney, reciting the Grant 
 to them, and in which part of the faid Wafte 
 the ^id Grant fhould take effed, IVeji^ &c. or 
 by Buttals, (^c. according to which dire<5lion 
 the faid Attorney is to enter, i Leon. 5 o. Sir IVal" 
 ter HuMgerfordS Cafe. 
 
 Grants and Leafes hy a Corporation, 
 
 Corporations muft acknowledge Deeds, and le- 
 vy Fines, &c. by Warrant of Attorney, that 
 i?. Corporations aggregate, and they are always in- 
 tended to be in their Chapter-houfe, and cannot 
 come~ into' Court to acknowledge a Deed, i Lean, 
 
 184. 
 
 The Dean and and Chapter of St. Mary in Ex- 
 ceter made an Indenture of Leafe for 40 Years in 
 their Chapter-houfe to IV. and thereunto put their 
 Seal in the Chapter-houfe, and made a Letter of 
 Attorney to another to enter, and to make livery of 
 the faid Deed. Ver Cur. The Leafe is good t- I^.^.^^J^f ''"'^^^ 
 nough, and there is no other Form or Means for a j-^^^^ J^ q^^^ 
 Corporation to make a Leafe than this here ; and poration, 
 the Dean and Chapter might make fuch a Leafe 
 betore Entry. Tho it was objected. That when the 
 Dean and Chapter in their Chapter-houfe make this 
 Leafe, and fet their Chapter Seal to it, it was their 
 Deed prefently, without other delivery; and then 
 another being in Poffefllon at the time of putting 
 the Seal to it, they were out of Poflellio;i rhereofi 
 and the Leafe void, becaufe they were not in pof- 
 (elHbn at the time of the making of it. For no de- 
 livery is neceflary to the Deed of a Corporation. 
 aLe(/«'97. Wtllis9j\&Jermis. 
 
 N X Ic
 
 i8o ^()£ LaUi of Ccjpoiationj3» 
 
 A Corporation It was only faid, a Corporarion cannot be Fe- 
 not to be fcifcd off^cs to ufts, and that a Corporation cannot be fei- 
 to another ufc ^^^ ^^ anothcrs iiff, and fo a Bargain and a Sale by 
 a Corporation is not good, and the nature of fuch 
 Conveyance is to take effect by way of life in the 
 Bargainee, and after the Stature is to draw the Pof- 
 lefTion to the life. This was obje<Sted in Holland 
 and Brices Cale. 2 Leon. m. where the Prioreft 
 of Holywell by Deed of Bargain and Sale enrol- 
 led, fold the Mannor of, &c. to Sir Tbo. Audley, 
 Chancellor of England, and his Heirs. But the 
 Court difllked the Exception as dangerous ; for fuch 
 was the Conveyance of the greateft part of the Pof- 
 fefJions of Monafteries ; and though fuch a Cor- 
 poration cannot take an Eflate to the life of ano- 
 ther, yet they may charge their PofTtffions with an 
 Ufe to another. 
 
 Queen Elizaheth makes a Leafe for Years to the 
 
 Cipacity to Men of C^f/cr^^/^^, rendringRent, and the Grant 
 
 take, but not to was to them by the name of Aldermen ol Cbtfier- 
 
 Grant, jieldy and they by the name of Aldermen of Che- 
 
 fterfieldt grant all their Interefl to Clarke in the 
 
 faid Landj and agreed by the Court, that the Grant 
 
 to them was void ; for they by the Grant of the 
 
 Queen have capacity to take, but not to Grant the 
 
 Land to another. Cro. Eliz,. ^j. the Aldermen of 
 
 Chefierfields Cafe. 
 
 It was faid in Trediman and Woorfeys Cale. Cro. 
 Jac. 105. If a Leafe for Years be made to a Cor- 
 PJeading. poratlon, who cannot take without Deed, and they 
 
 grant it over, the Grantee may intitle himfelf 
 thereto, without fhewing the Deed, becaufe the 
 Leafe of the thing in its ov/n nature might have 
 pafTed without Deed, although fhc Perfons who 
 took it could not take it without Deed. 
 
 If a Dean and Chapter make a Leafe, without 
 naming the Dean by his proper Name, the Leafe is 
 good if there were a Dean at the time of the Grant, 
 
 but
 
 eye Lalo of Co^po^attoim; »8i 
 
 but In pleading, the proper Name of the Dean muft ~ 
 be fliewed. The Judges in i ^ Ed. 4. held the 
 Grant good to a Mayor, Aldermen and Commo- 
 nalty, albeit the Mayor was not named by his pro- 
 per Name ; but in pleading it muft be fliewed. i 
 /«/. 3. a. 
 
 Abbot and Covent make a Deed, and in the end Scaling. 
 the words are in cujus ret Teftimonium figiUum 
 no(irum appofuimuty and faith not commune fgil- 
 lum^ and good enough. 26 H. 6. 4. 
 
 If the Dean and Chapter put the Chapter Seal 
 to a Deed, this is good without delivery. But if 
 a Dean and Chapter have right ro X.and, but they 
 cannot make a good Leafe before Entry made by. . ^ ., 
 tncm mto the Land, as an eitranger had ot a void- ^orny to tak* 
 able Leafe, they may make a Leafe in writing, and PoflTcdon. 
 affix their Seal to it, and make a Letter of Attorney 
 to j^. S. to deliver this as their Deed upon the Land, 
 who delivers this accordingly, this is a good Leafe ; 
 for the affixing their Seal to the Leafe doth not 
 make it a Deed, they being out of Pofleffion until 
 the Attorney had delivered it as their Deed upon the 
 Lan(?, for that otherv/i(e it fhall be void, x Rol. 
 Abridg. ^4. Fludd and Gregory. And yet Jermin 
 zndlVillts's Cafe feems to be othcrwife. If a Cor- 
 poration be diflcifled, and after Seal a Deed of Li- 
 cence, and make a Letter of Attorney to y. S. to 
 enter upon the Land, and deliver it as their Deed, , 
 and he does fo accordingly, yet this is not a good 
 Leafe ; for there need no delivery of a Deed of a 
 Corporation, but the putting to their Seal makes It 
 a perfe£l Deed, and they might have made a Let- 
 ter of Attorney to leal and deliver this as their Deed. 
 I Rol. Abridg. 830. 
 
 The Mafter, Brothers and Sifters of the Hgifpi- 
 tal beata Marine Virginis-y let by Inden^re 
 by the Name of, &c. the Hoipital beat a Marite, 
 and leave out Virginis^ yet good. -l. The words 
 
 N 3 of
 
 i8o C6e tm of Co^pojation^* 
 
 of the Indenture arc hac Indentura inter Magifirum 
 fratres d^ for ores Hofpitalis beat a Maru Tefia- 
 tur cfuody The faid Mafter, with the AfTenc gf 
 the Brothers and Sifters had leafed to A. in cujut 
 Parties to the ^^' Tcfiimcnmni^ the faid Mafter, with the fiS&ni 
 Indenture. of the faid Brothers and Sifters, had put their Com- 
 mon Seal. Ter Cur. It is not good ; for the Brothers 
 and Sifters being one intirc Body with the Mafters, 
 are not Parties to the Indenture, but give their Af- 
 fent only : and it is not like the Cafe of Abbot and 
 With the Af. Prior, who make a Leafe for Years, with the Affcnt 
 fcntj &i' of their Covent ; for the Monks and I'riars are 
 dead Perlons in Law, and cannot be Parties. Nor 
 like the cafe of a Patron and Ordinary, where the 
 Parfon, with the Aflent of the Patron and Ordina- 
 ry grant a Rent charge, for there the Perfon or 
 principal Grantor, and the others have not any ex- 
 prefs Intereft in the Lands charged. ^ Leon. ii. 
 darks Cafe. 
 
 Grant of an Annuity granted hy a Corpora- 
 ^ t'ton hi Confideration of goodSeyvice done, 
 
 • " npO all Chriftian People, &c. the Mayor, 
 ■^ *' JL ShcriiFSj Citizens and Commonalty of the 
 '• City of Norivich^ Greeting, in our Lord God 
 " Everlafting, Knov/ ye that we the faid Mayor, 
 . " Sheriffs, Citizens and Commonalty, for, and in 
 " confideration of rhe good and faithful Service to 
 '* lis hy L. M. of the faid City of Norwich Elq; 
 '' before this time done and performed, and for di- 
 ** vers other good, &c. at this prefenf, cfpecially 
 '• moving, with our unanimous AfTcnt and Confent, 
 " h;ive r^ivcn and gra:ircQ, and by this our writing 
 *' have confirmed, and by thele Prefents for us and 
 ** our Succeftors, do give and grant unto the faid 
 *' L. M. a certain yearly Rent of 5 /. of lawful 
 
 *^ Money
 
 Cfje laU) of CTo^po^attongf . 1 8 
 
 *' Money of England, To have, hold, perceive, 
 " receive and enjoy the aforefaid yearly Rent of 5- /. 
 "^ to the faid L. M. and his Affigns, by the Hands 
 *' of our Chamberlain of the City aforefaid, from 
 ** time to timcj for the time being for every Year 
 " at the Feaft of the Annunciation of the Blefled 
 ** Virgin Mary, and Sr. Michael the Archangel, 
 *' during the term of the natural L'fe of the faid 
 ** L. M. to be paid by even and equal Portions ; 
 " the firft Payment thereof to begin at the Feaft of 
 *' the Annunciation of the Bleffcd Virgin Mary 
 " next coming, after the date of thefe Prefents. And 
 *' if it (hall happen the iaid Annuity or yearly Rent 
 *' of 5- /. or any part or Parcel thereof to be be- 
 ^'^ hind and unpaid by the fpace of one Month next 
 " after any of the Feafts aforefaid, wherein the ftme 
 " ought to have been paid ; We do Will and 
 *^* Grant that then, and fo often it fliall and may 
 " be Lawful for the faid L. M. his Executors and 
 " Afligns, into all and fingular our Mannors, 
 " Meflliages, Lands, Tenements, Polfc (lions and 
 *' Hereditaments whatfoever ficuate, Ijing, and be- 
 ** ing in Norwich aforefaid, or in the County of 
 ** the faid City of .tSorivich^ or elfewbere in the 
 " faid County of Norfolk, or in any or every of 
 ** them, or any part of the fame, to enter and there 
 *' to diftrain ; and the Diftrefs and Diftrelfes there 
 *' taken to lead, drive, carry away, impound, and 
 " in his Power to detain and retain until the afore- 
 ** faid Annuity or yearly Rent of 5* /. together with 
 " the Arrerages of the fame, if any there fliall be, 
 ** and the Damages, Cofts and Expences by occa- 
 ** (ion thereof had done and fiiftained to and by the 
 ** (aid L. M. his Executors, Adminiftrators, or A^- 
 " figns fhall be fully and wholly paid, contented 
 " and reimburfed, of which faid Annuity, or ye;«-ly 
 " Rehtj we have put the faid L. M. in full PofTef^ 
 '* fioii arid Seifin by the payment of one Penny to 
 
 N 4 " the
 
 184 €fje lau) of Co^poiationjs* 
 
 Colleges, and the like, fliall make Grants in Rever- 
 fion, tho but for a Year, and the reafbn was, be- 
 caufe by fuch Grants in Reverfion they fhall be ex- 
 College Leafcs eluded to have their Rent of the particular Tenants 
 not to exceed for ^^^ Time. But to make a Leafe for 10 Years 
 40 Yeiri. to one in Poffelfion, and to make another Leafe to 
 another or lo Years, to begin after the end of the 
 former Leafe, is good ; for that one and the other 
 do not exceed 40 Years comprifed in the Statute. 
 Tcp. p. 9. Tompfon and Trafford. 
 
 Now the Statute of ;2 H. 8. c. ^8. Ordains 
 
 certain Qualification of Leafes made by Ecclefiafti- 
 
 cal Perfbns, and Mafters of Colleges and Hofpitals 
 
 are bound by it. 
 
 p Qualificati- I. Such Leafe muft be made by writing Inden* 
 
 onj of fuch ted, and not by Deed, or by Parol. A Preben- 
 
 Leafes. j^j-y cannot now by Statute 1 15 Eliz,. make a Leafe 
 
 of the Poffcffions of his Prebend, without Deed. 
 
 1, Such Leafe muft begin from the day of the 
 Date of the making thereof, or from the making 
 thereof, but by the Statute of i Eliz. and i ^ Eliz. 
 they muft begin from the making, or from the tim? 
 of the Commencement. -^^ 
 
 g. If there be an old Leafe in being at the time 
 of the making of fuch new Leafe it muft expire, be 
 furrendred or ended within a Year after the ma- 
 king of fuch new Leafe, and fuch Surrender muft 
 be abfolute and not Conditional. But by the Sta- 
 tute I Eliz. c. 1 7. Archbifhops and Bifhops may, 
 with the confirmation of Dean and Chapter, make 
 concurrent Leafes. So by 1 3 Eliz. may Ecclefia- 
 ftical Corporations aggregate. But by 1 8 Eliz. 
 c. II. the old Leafe is to be expired within 3 
 Years next after the making the new Leafe. 
 But Bifliops are not comprehended in this Aft of 
 I 8 Eliz,. c. 1 1. 
 
 4. 1 here muft not be a double Leafe in being at 
 *)ne and the fame time, the one for Years, and the 
 
 other
 
 other for Lives. The words are for z i Years, or ; 
 Lives, fo as one or the other may be made, but not 
 both. 5" Rep. Elmers Cufe. A Leafe to jF.5. for 
 the Ljve5 of his three Sons is good and warranted. 
 Cro. Jac.76. againfl: Colleges. Vi^. Stat. i^Eltz. i. 
 
 5. Such Leaie muft not exceed 21 Years, or 
 three Lives, from the making of it, but it may be 
 for a Icffer Term, or fewer Lives. A Leafe for 
 99 Years, if one two or three Lives, fo long (hall 
 live is good within this Statute. 8 Rep. 20. b. 
 
 6. It muft be of Lands and Tenements, manu- 
 rable or Corporeal^ out of which a Rent may be re- ^ 
 (erved, and not of things that lie in Grant, as Ad- 
 vowfons, Fairs, Markets, Franchifes, Tythes,TolI, 
 C^c. out of which a Rent cannot be referved ', where 
 Tythe and Land together are demifed, rendering 
 
 the accuftomed Rent, the Succeflbr cannot avoid 
 the Leafe in the whole, or as to the Tyrhe only, it 
 muft be good, or elfe Tythe in no fenfe could be de- 
 mised. Vaugkan Rep. 204. 
 
 7. Such Leafe muit be of Lands and Tenements 
 which have moft commonly been letten to Farm, 
 or occupied by the Farmers thereof by the fpace of 
 %o Years next before the Leafe made, or by the 
 
 moft part of 20 Years j Co as if they have been letc — .- ., 
 
 for 1 1 Years at one, or feveral times within the 
 ao Years next before the making of the new Leafe, 
 it fuffieetb. i Infi: 44. b. But this feems not ro be 
 Law ; for the firft part of the Statute as to Leafing, 
 feems to refer to a more ancient time, and the lat- 
 ter part of Farmers to 20 Years. SU. 41 6. the 
 beft conftrucStion is, that it ought to be antient- 
 ly, and alfb lately let. And by Vaughan 30* Lett 
 ufually, (hall be intended Lands twice letten. 
 
 A Grant by Copy of Court Roll in Fee for Life 
 or Years, is fufficient letting to Farm within this 
 Statute : So hBaugh and Heinei's Cafe. Cro. Jac. 
 7 6, Dean and Chapter feiled of a Mannor, where- 
 of
 
 i88 ^De latu of Co^po^atfon0* 
 
 of the Land in Queftion was Copyhold demifable 
 for 5 Lives, &c. They demife this by Indenture 
 for 5 three Lives, rendring the old Rent. It Was 
 objected, That this Leafe was not warranted, bc- 
 caufe this Land was not ufually demi^ble p«r Inden- 
 ture, but only by Copy. Vtt Cur. This Land is 
 ufually dcmi. accounted ufually demifable, wh«n its always demi- 
 *^*'' fed i as if it had ufually been let at Will at Com- 
 
 mon Law rendering Rent, fuch Land is faid to be 
 ufually demifed. 
 
 A Prebend had been ufually Let (except the 
 Crab Trees) and a Prebendary makes a Leafe with- 
 out that exception, referving the ancient Rent, d^c* 
 This Leafe was adjudged void againfl the Succeffor, 
 by the addition of the Crab-Trees, and the Leafe 
 was void. Cro. jF<»ff. 45'8. Smith 2sA Boles. So is 
 Mount joy s^s Cafe. 5 Kef. Its not an ancient Rent, 
 where more is Lett than was before. 
 
 8. Upon every fuch Leafe there muft be refer- 
 ved yearly, during the fame Leafe due and pay- 
 able to the LefTors and their Succefrors,^c. fb much 
 yearly Farm or Rent, or more, as hath moft ac- 
 cuflomably been yielded and paid for the Land fb 
 demifed within lo years next before fuch Leafe 
 made. 
 
 If Land ufually Letten be demifed with any other 
 Lands, &c. tho a Rent be referved which exceeds 
 the Value of thofe Lands, and the old Rent, yet 
 fuch Leafe iTiall be avoided by the Succeffor, and is 
 not warranted by the Statute. For the accuflom- 
 able Rent is not referved, feeing part was not ac- 
 ouffomably Letten, and the Rent ilTues out of the 
 whole. 5: P,ep. 5, 6. 
 
 If rhe acculiomable Rent had been payable at 
 four Feaftj, or days in the year ; yet if it be re- 
 ferved by the new Leafe to be paid at one Feaf^, 
 if ir be referved yearly it is within the Statute. 
 I IvJ. 44. b. 
 
 The 
 
 Accuftomable 
 Rcnr,
 
 Cbe KLalo of Cojpo^ation^. 1 89 
 
 The rcfervation of eight Buflicls of Corrij in- 
 ftead of a Quarter is all one in Quality, Value^ and 
 Nature, and varies only in words. 5 Rep. 5'. 
 
 Leafe was made by Corpus Cbrifii College in 
 Oxon. relerving 12 s. and no Corn, whereas the an- 
 cient Rent was l%s. 4 </. this Leafe is void, per 
 Stat. 1 3 Eliz. & 1 8 Eliz.. Cro. El. 8 1 5-. 4 Kep, 
 119. Duptports Cafe. 
 
 If the yearly Rent or Farm be reiervcd, the 
 Harriot, and other cafual Services be omitted, yet 
 it is fufficient j and fo it was refolved in the Dean 
 and Chapter of Worcefiers Cafe : Harriots are no 
 annual Rent. 
 
 it muft be 'verus & anti<juut redditus. There- 
 fore if the Leflbr referve a lelfer Rent during his 
 Life, and afterwards the full Rent in remainder, it 
 is not good ; for it muft be the ancient Rent during 
 the Term, and the Term and intire Term is all 
 one. 
 
 It is faid in Thredneedle and Ly flams' s Cafe, Keh. 
 If a Bifhop have two diftin6l Mannors that have 
 been accuftomably demifed together, and one intire 
 Rent is refcrved for both Mannors, and thefe being 
 out of Leafe, the Bifhop may demifc them ieverally, 
 referving Rents amounting in the whole ratcably 
 and good. 
 
 9. Such Leafe muft not be made without Im- 
 peachment of Wafte ; therefore If a Leafe be made 
 for Life to one, the Remainder to another for Life, 
 Remainder to a third for Life, this is not good a- 
 galnft the Succeffor, though but for three Lives, be- 
 caufe the Remainders make the prefent Tenants dif- 
 punifhable for Wafte for the time, i Ivfi. 44. b. 
 But if a Leafe be made to one during three Lives, 
 this is good ; for the Occupant, if any happen, fhall 
 be puniflied for Wafte. 6'Rep. ij. 
 
 Devifei
 
 M ^&c Xalu of €o}pmtiom. 
 
 Devtfes to Corporations. 
 
 Stat. 54, and ;5 H^ 8. of Explanation of Wills, 
 Bodies Politick and Corporate are excluded out 
 c^ it. 
 
 By the Purview of i and 1 P. and M. c. 8. it 
 fhouKl be lawful, &c. to give Lands, &c. by 
 Feoffment, Grant, or other Adurances, or by his 
 l^ft Will and: Tcftaraent in Writing, to any Spi- 
 ritual Body Politick or Corporate, nocwithftanding 
 the Statute of Mortmain, A. C. devifed Lands to 
 theMafter, Fellows and Scholars of TVw/r/- College 
 in CamhrUgSj and to rheir Sueceflors for ever, ior 
 the finding of certain Grammar poor Scholars j and 
 it was held good and to be favourably expounded, 
 though the (aid College did not confift of Divines 
 but others. alfb. And the faid Adt was expounded to 
 bind the King. 
 
 Dr. Griffith- Flood being fcized of Lands in Fee, 
 Aug. 25 EUxj. devKed the fame to Anne his Wife 
 for her Life, and after to Jane his Daughter for 
 her Life, and after thefe Lives ended tathe principal 
 Fellows and Scholars of Jefus-CoWegt in Oxow, 
 and their SuccefTors to find a Scholar of his Blood 
 from time to lime. The Lives ended, Bridget Flood 
 the Heir of Griffith Flood entered. Hobert and the 
 Chief Baron, to whom the Gale was referred, re- 
 folved that the Devife was void in Law ; becaufe the 
 Statute of Wills did not allow Devifes to Corpora- 
 rations in Mortmain^ j but they held it clearly with- 
 in the Relief of the Statute of Charitable Ufes, under 
 the Words (limited and appointed.) Hob. 136. 
 It was likewife held by them, that the Provifo in 
 the Statute whieh exempts Colleges, is only in- 
 tended to exempt them from being reformed by 
 Commiffion ; but not to reftrain Gifts made to 
 them. Fide infra. 
 
 In
 
 ^iz jLaU) of Co^poiattoii0* 189 
 
 In a Devife to a Corporation though there be a 
 Mifnomer, yet it's good. 
 
 If a Man devife to the City of London^ or to 
 Queens College^ Oxon, it is good. 
 
 If one deviie to a Commonalty of a Guild that is 
 not incorporate, it's void. 
 
 If one devife to a Corporation, and there be none 
 of that Name at the time of the Devife, nor during 
 the Life of the Teftator, this Devife is void. 
 
 If one give a Legacy to J. S. Dean of St. Paul'sy Devife, the 
 and the Chapter there and their SuccejQTors ; and Head dies be- 
 after, before the Death of the Devifor, J. S. dies, ^rc the Devr 
 and another is made Dean ; yet this Devife is good °'^* 
 n?twithflanding this, and the Land fhall veft in the 
 new Dean and Chapter : Yet it did not veft accor- 
 ding to the Words, but it fhall veft according to the 
 Intent ; for the chief Intent was to convey this to 
 the Dean and Chapter and Succeflbrs, and the (inglc 
 Perfbn of J. S. was not the principal Caufe. Plow. 
 344. k 
 
 R. If, 6 Ed. 6. devifed a MefTuage to A. his 
 Wife for life. Remainder to his Son in Tail, and 
 if he die without Iflue, or be unthrifty, that it (hall 
 remain to the Mafter and Wardens of the Myftery 
 of Cordweyners in London^ whereas they were in- 
 corporated by the Name of Mafter, Wardens and 
 Commonalty, d^c. Notwithftanding this Mifiio- 
 mer the Juftices held it good ; for by intendment 
 the Devifor had not knowledge, nor had Conu- 
 fance of their very Name. Cro. El. lo6. Fo(ttr 
 ^nd Walter, 2 Leon, 165". 
 
 ^«* 26 H. 6. H. devifed two Houfes in Wal- 
 hrocky London, to the Church-Wardens oi St. Ste- 
 ■phtns tothefe Ufes: I. To find an Obit. 1. To 
 repair the fame Houfes. 3. To beftow the Refidue 
 of the Profits for the Reparation of the Church of 
 St. Stephens, and to provide Ornaments in the ftme 
 Church ; on Condition, if they failed in finding the 
 
 Qbtt,
 
 i9i 
 
 €^&c U-aU) of Co}po2at(Oii0» 
 
 Ohity thilt then the Eftatc fhould ceafe, and the 
 Land fhould be to the Mayor and Commonalty of 
 London. Per Cur. by Stat, i Ed. 6. the King 
 (hall have no more than that which was appointed 
 for the Maintenance of the Ohir, that being only 
 the Superftitlous Ufe. But where Land was given 
 to a Pricft to fay Mafs, and alfb to give part to the 
 Poor, and becaufc the part to be given to the Poor 
 was uncertain, the Queen had all. Cro, Eltz,. 449- 
 Hart and Brewer. 
 
 Lands were dcvifed to the Mayor, Chamberlain, 
 and Governors of the Hofpitul of St. Bartholomewi 
 in London, whereas in truth they are incorporated 
 by another Name ; yet by JVefion and Dter the De- 
 vice is good, and by Manwood^ because it fhall be 
 taken according to the Intent of the DeMfbr. 
 5 L«on. 18. 
 
 One devlfes certain Tenements in London for 
 Life, Remainder over Ecclefia St. Andrea de Hol- 
 hourn' This Devife is good to the Corporation of 
 the Parfon of the Church of St. Andrews in HoU 
 bourn and his SuccefTors, for fuch Defcription was 
 fufficient in a Will to exprefs the Parfon of the 
 Church, and his SuccefTors. 10 Rep. 59. 
 
 The Stat, made 1 d^ 1. P. d^ At. to make good 
 Devifes to Spiritual Corporations, was extended to 
 Trinity-College in Cambridge. The Reafon was, 
 becaufe it was principally ordained for the Study of 
 Divinity ; but it would not have been fb in a Col- 
 lege ordained for Phyficians or Civilian?. Hob. 
 p. ix;. 
 
 G. F. An. x^ EliZ,. devifed Lands in Fee to 
 Anne his Wife for Life, and after to Jane his 
 Daughter for Life, and after thofe Lives ended to 
 the principal Fellows and Scholars of Jefus-College 
 In Oxon, and their SuccefTors, to find a Scholar of 
 his Blood from time to time, and dies. It was a- 
 greed per Citri that the Devife was void in Law, 
 
 becaufe
 
 ^fic tm of tomiiitiom. 193 
 
 hecauQ the Statute of Wills did not allow DeviCes to 
 Corporarions in ALrtmaiv ; yet it was held clearly 
 to be within the relief of the Statute of Charitable 
 lifts of 45 Eliz,. under the Words {If mtted and ap- 
 pointed for charitable Ufet) and fb it was decreed 
 that the College Ihould enjoy it againft the Heirs 
 of G, F. and it was held that the Frovifo in the 
 Statute which exempts Colleges, is only intended 
 to exempt thera from being reformed by Commilfion, 
 but not to reftrain Gifts made to tlifm.- Hok. i ^5, 
 Crtffitb Flood's Cafe. 
 
 If one devife to a Publick ufe there muft be Li- 
 cence and Incorporation, el(e It is Mortmain. ^' 
 I Rep. 
 
 R. C. Citizen and Freeman of Londony fcized of 
 fix Mefluages In Londen^ devifed the fame by h«s 
 Will in Writing, 6 H. 7. to the Parfon and 
 Church-Wardens of the Parifh of St. Mary Mag" 
 dalen and theJr SuccetTors to the Intent for Super- 
 lluious Ufes, and the refidue of the Profits thereof 
 to be employed about the Reparations of the 
 Church. In a fpecial Verdi6t In EjeBmefit the Jury 
 found the Cuftoms o^ London y that the Parfbn and 
 Church -Wardens are a Corporation to purchafe to Devife to i 
 the U(e of their Church, and that a Freeman and ^^°\ ^^ 
 Citizen oi London may devlfe In Mortr»am. Per ^^^^'^ '^^^ 
 Cur. forafmuch as it v/as but the Refidue fi ^tdd fa- 
 eritf which is uncertain If any fball be or not, and 
 the Superftltlous Ufes amounted to very near the Superflidoan 
 Yearly value of the Land, therefore it is within the Ufes. 
 Siature i Ed. 6 and given ro the King. Cro. Car. 
 4 5 5" 5 45" ^- Huf^f fries verfus Knight, 
 
 if the Mayor or Preddenr of a College by Will 
 deviftth any Lands to his College and dies, fuch 
 devife is void ; for at the time when the DevlG 
 ihould cake Elfccl- the College is Wfchout a Head, 
 and fo not c^.pahlc to take. The Cife of the Fre- 
 fident of Cor>)ii} Ch:ip CoHegij 4 Leon. x?.5,. 
 
 ' O C' A P.
 
 194 ^D" ^^^ ^^ Coipoiat(on;5^ 
 
 CAP. XII. 
 
 Miinomer of Corporation. 
 
 B^ AJJttion, Or/iilJjoTf. Jnver/ton of Order. Va- 
 riance net in fuhjiarjce of the Name. The hefl' 
 c^urfe in doubt i of A'fifnomer, is to caufe the Ver- 
 Ai[l to he fi'Hvdf that the true Ccrporaticn did 
 gravt, per nomcn. Jihere, a?td inwhat Cafes a 
 good Defcription of a Corporation is fujfcienty 
 though there be a Mifnorner. The difference be- 
 fween the name of the Flace^ de Savoy & vocat* 
 Savoy. Corporation not to be limited to a Coun- 
 ty. Sufficient demsnfiration of a ?lace. What the 
 Mayor and Burgeffies of Lyn's Cafe. The Dean 
 and chapter of Carlifle's Cafe. Dean and Chap- 
 ter of Windfor's Cafe. Merton College Cafe. 
 Pafchal and Fanfhaw'/ Cafe. The Cafe of the 
 Cocks of London. Queens College in Oxon. 
 Launcelion in Cornwall. The College of Eaton'/ 
 Cafe. The Cafe of the Corporation of Bofton in 
 Lincolnfliire. Trinity College in Cambridg. 
 Dean and Chapter of Chrift-Church ;»Oxon. 
 
 „ S Addition. 
 ^^Omiflion. 
 
 T 
 
 H E Hofpltal was founded by the name 
 Minifter des Pauperis Domus de Donning^ 
 
 InverfioB of- y ton. 71 L. The Mafter and his Confre- 
 
 Oidcr. ers made a Lea/e thereof by the name of Ihomai 
 
 Leatherland Minijier Pauperis Domus Dei (Mi- 
 nifter of the Almes-houfe of God ) the Queftion 
 was if this Leafe made by T!L. was according to the 
 rtame of the Corporation, cr not, being an Inver- 
 fion not only of Order and Words, but of Senfe 
 and Matter^ as was obje<5led. But ^er Cur. Mini- 
 fir
 
 ^6e latt) of Co^pa^atioxiJ^; t^$ 
 
 per is nomm a^uivocum multiplex ambiguum rti' 
 lativmm. Minifier is Servant, (b tUtmJfer dei 
 but as Servant of God, of his poor Houi^ de Don- . 
 mngton ; that is as much «s to fay, Minifier of God, 
 for or about his poor Houfe^ &c, 
 
 if the Eflential part of a Corporation be named 
 
 It is fufficicnt. The Adion was on Bond, a^ re- OmiflHori. 
 
 fpond* Majori & Burztnfihm de Lyn Regis in Com* ., , i 
 
 ■KT J •► f J u t . A A4. Mayor and 
 
 N. and it was tound they were Incorporated Ma- g„ ' (^-^.g qj- 
 
 jor(^ Burg(n[ei bur^i </^ Lyn Regis^ ^ non p^^iynRciiu 
 ilium nomen. Per Cur. The omKfion of this word 
 (hurgi) fhall not hurt, i Brai^nl. 57. Mayor and 
 Burgefles of L/» verH PaineyZnd as Hobart [aiJ,The 
 Burgeffcs of Lyn implied. That Lyn was a Bur- 
 rough, and the meaning of Lyn Regis was adjudg- 
 ed to import that it was Kingi Lyn. Hob. iif. 
 
 It was objefted that it was incorporated by the 
 name of Major (^ Burgenfes hurgi Dem* Regis di 
 Lyn Regis. And after the King had given thent 
 their Name its added, & fuod per tdem nomen va- 
 carentur, &c. d^ non per aliud nomen. But per Cur, 
 this word idem hath two figni6cations, i; Ideni 
 fyllabis ftu 'verbis y ^ idem re feu fenfu. And Se- 
 veral Cafes were cited to that purpofe, that if the. 
 Variances and Omiffions be not the Eflcntial pare of 
 the Corporation it is fufficient. .v . .. 
 
 The Dean ^t«d Chapter of Carlijte were incor- ^"^^^^^ 
 porated by the name of Decanus & CapitalUm £c- 
 cie/ia Cathedralis SanSla d^ indtvidua Trmitafif 
 Carlienjis. And they make a Leale by the nalme 
 0f Dccantis tcclefid Cathedralis Sanii* Trinitdtii 
 \t\ CdrU/let d^ tottim Capitulum de Eedejia pra^ 
 di^a. Now iri this Lcafe, i. the word {indi'vid^^ 
 3s omktedj t. in Carlijle^ where the true natne iz 
 Carlienjis, id tH de Carlijlc: 3". This Woi-d (totuynj Viryknce* ncs"! 
 is added. 4; The wder of the words is not oofer- »" Siibftanc* ^ 
 tsdy pt fe(olfr-''d fhe t^ifk wa? good ciioii^n not* ^^'* ^^^^^■. 
 * #khl-aridinjg
 
 196 Cfje Latu of Co?po?atton^. 
 
 Withftanding chefe variances ; becaufe thcfe varian- 
 ces are not in the fubftance of the Name. And in 
 HaS and IVingatei Cafe the Incorporation was by 
 this name. The Dean and Canons of the Kings Free 
 Chappel if St. George the Martyr, withm his 
 Cajole of Windfor. And in the time of K.. Fhtlip 
 and Q^ Mary^ they make a Lcafe by this name. 
 The Venn and Canons of the King and Queen'*s 
 Free Chappel of St. George, 'wiihm the Cajile of 
 VVind(or. Now here they omit the word {Mar- 
 t)r) and they [ay, •within the Cajile^ inftead oiv/tth- 
 in his Cafile of Windfor j but thefe differences were 
 not material. But one variance was material (ths 
 King and Queens Free Chappel) this is matter of 
 Subflance : and tho at the time of the Deraife it 
 was the King and Queen's Free Chappel, yet the 
 Corporation ought to be ftich as was given by the 
 Founder ; as if a College be incorporate in the time 
 o^Ed. 6, by the name of Mafter and Fellows ofKtngs 
 College ; if they make a Leafe in the Reign of 
 Q. Elix,abethi by the name of Matters and Fellows 
 oi Queens College, A College in Oxferd was incor- 
 porated per nomen Guardiani (^ Scholarium Vomus 
 iitrtonCoWege.Jive Collegii Scholarium de Merton in TJniverfitate 
 Oxon. And they afterwards make a Lea(e, per 
 nomen Cufiodis Vemus five Collegii de Merton in 
 Oxon. c^ Scholar ejufdem Domus : and four Va- 
 Varlance in the riances were obferv'd, i.Guardianus,cufios. 2. The 
 name, (enfe was, per vomen Domus feu Collegii de Mertony 
 
 Variance in omitting (Scholarium). ;. For in Univerfitate Ox- 
 Subnance. ^^ ^^^ Leale was in Oxonia. 4. Scholar es was mif- 
 placcd, for they come in the cnd,where in the A(3: of 
 Parliament they are named immediately after the 
 Guardian. ?er Cur. the fecond Variance is Subftance ; 
 for the hdi had baptized the College by the name 
 of the College of the Scholars of A^erton^ and 
 they have made a Leafe by the name of the 
 College of Mmm iiiaifelfi who in truth was the 
 
 Founder^
 
 €bz latu of Co^poiation^, 197 
 
 Founder. But Hobart f. 125-. thinks this an hard 
 Judgment, which he faith he fliould hardly have 
 judged ; for fince they were named Scholars of the 
 Houfe in one part of the name, it mull follow, it 
 was the Houfe of the fame Scholars as the Burgefles 
 of Lyn implied, That Lyn was a Bu^rough. 
 
 Its a good Rule in pleading, or in a fpecial Ver- Thebcftcourfe 
 di6l in many Cafes, if by exprcfs Averment, or by in doubn of 
 finding of the Jury it fhallbe made apparent to the M'fnomer, is to 
 Court, that the true name of the Corporation, and j^'i ^ \1^°' 
 the name in the Leafe or Grant are all one in effeft, found, that the 
 by Averment, it much inforces the matter, tho the true Corporati- 
 words have fome difference, and the per ncmen im- on did Grant, 
 plies in it felf an Averment, that the Mayor and ^^'' "'""^''- 
 Burgefles did make the Leafc by the name prout. So 
 in pleading, the name of a Corporation was the Ab- 
 bot of the Monaftery of beata Maria Eborum^ 
 and Bond was made j4bbati Monafter beat<€ 
 Maria extra muroi civitatis Eborum. Now tho 
 the Abbey was extra mures, yet in truth it was 
 within TorkiSLXid the Bond was good ; and the Abbot 
 brings his Writ of Debt by his true Name, and in 
 his Court he faith the Obligation was made to the 
 Plaintiff, per nonten, &c. which implies in it an A- 
 verment, that the Abbey was within Tork ; and in 
 fubftance, as appears by Averment dehors^ all was 
 one. 
 
 Pafchaland Fan^iaivs Cafe was 29 and 50 Eliz. p rt 1 ■ i 
 in Scaccario ; the Mafters and Chaplains of the fj^fhuw^ ^ 
 Savoy were incorporated per nomen Magiflrt d^ 
 Capellanor Henrici nuper Regis Anglia jeptimi de 
 Savoy ; and they make a Leafe of Parcel, &c. to 
 J. P. per nomen Magrtjiri Hofpitalit Henrici Regis 
 Anglia feptimi vocat"^ de Sarcjoy d^ Capellanor ejuf- 
 dem hofpitaP. h.nd it was adjudged in the Excbee[uery 
 that the Leafe was void, for that they have miftaken 
 their name of Corporation in a marcrial part in ^^^ '" 
 the place : the true nam^ is Hofpitaln de Savoy, 
 
 O 3 and
 
 igS Cbe tm of Cojpo?at(on!3; 
 
 and the dcmlfc is Hofpitalts 'vccal* le Savoy, f/j- 
 ban thinks this a hard Judgment ; for that things 
 fhall be (uppofed to be fiamed according to truth. 
 Upon this Judgment a Writ of Error was brought, 
 and afrcr compounded, and fo no very firm Autho- 
 rity. And my Lord Ceke faid well, There is fmall 
 ditTcreace between the Mayor and Commonalty of 
 the City of London, and the Mayor and Commo- 
 paky of the City called London, iinlcfs it can be 
 {hewed that they arc tv/odIftin«5l Corporations, and 
 have two di(tin(5t names. loT^^rp. no. 
 ZooVi of The Freemen of the My fiery of the Cooks in 
 
 londin. London being incorporated by the name of Maflers 
 
 or Governours, and Commonalty of the Myftery 
 of the Cooks in Lcndoitj and being flized of cer- 
 tain Lands in the Right of their Corporation. J-y- 
 M.R. J. B. and R. Ifivell^ Mafler and Guardians 
 of the Craft or Myftery of Cooks of LondoVy and 
 the Commonalty of the fame Craft or Myflery, 
 and one J. La-wrencCy by fuch name, Bargain and 
 Sell the faid Land to Dormer. Per Cur. Dormer on 
 his Entry is a DifTeifor, for the Corporation was 
 raif-named ; for by the Corporation two of them 
 pught to be Maflers or Guardians, and four are na- 
 med by their proper Names, and Mafler is added 
 in the end, which cannot be referred to them all, 
 nor to two of them.for that it is in the fin jjular num- 
 ber, but of rtecefTuy ought to be referred to Ifwelly 
 ivho was laft named. Neither is the word Guardi- 
 ans warranted by the Charter. Craft is but Sur- 
 plufage. Phw. 557. Cro/s and Hoivell. 
 
 Tl;e Stat, of 5 Jac. gives to the Chancellor and 
 Scholars of Oxon. the prefcntation of Popifh Re- 
 cufants convi(5t, and they have brought the A6liori 
 in the name of the Malter, Chancellor_, and Scho- 
 lars of the Univerflty of Oxford^ and fo a Mifno* 
 jr.er. Bur fcr Cur, in an Aft of Parliament,when the 
 fxprefs Intention appears, Mifnomtr of a Corpo- 
 
 ration
 
 CDe "dalu of Co^poiation^. . 199 
 
 ration (hall not avoid the Aa. So in a Will, a Where, and m 
 good Defcription is fufficienr* One devifeth certain * "ounefcrip- 
 L^nds pur vie ^ Rem. Eccle/ia Santi' -^w^''''^ ''^^ tion of aCor- 
 Holhrtj, this devife is good to the Corporation of poiation is fuf- 
 the Parfbn of the Church of St. AndrtWy and his ficicnt, tho 
 Succeflors. So if a Devife be made to the City of ^'^<=''<= ^« ^ M'^- 
 Lovilon, or to Trinitj Golkge in CxmbriJ^- loRcf. 
 The Cafe of the Chancellor and Scholars of Oxojf. 
 
 j^tila Regi»a in Oxon was incorporated by this Qj^cens College 
 name, Tro-pofitus (^ Scholar es Aula R(gitia de '" '■^'"" 
 Oxon, and they make a Leafe, per nomen Vrapojit^ 
 Sociorum <& Scholarium AttliS vel Colkg^ Rcgtn^e 
 in Uni'verftate Oxon. In which there are three 
 Additions (focioru7n') (^vel Cclleg') (Univer/jtat"*) 
 one Alteration (^/c) for (?«) one Omiflion (^Scho- 
 larium) yet refblved to be good enough, and the 
 College is nominated in fuch ca^ as it might well be 
 diftlnguiflied. i Rep. 19. Ayreii Cale. 
 
 The Prior of Lancefion ^ized in Fee of the Te- Lanajlon, 
 nements inQueflion,which then w-ere fourClofes in 
 North Dracomb in Lancefion, and on 18 Sept. 
 27 H.8. demlfed them to J.^. by the name of the 
 four Clofes in Dracomh^infra burgum de Lancefion 
 for 99 years. 50 H. 3. The Prior and Convent 
 (urrendred, c^c. which by mean defcent came to 
 Queen Elizabeth, who by her Letters Patent in the 
 24.tb year of her Reign, granted to E.IV. and y.F. 
 and their Heirs/o^^w tllud Mejfuagium ^Tenemen- 
 turn 'vocat Dracombi ac omnia terras (^ tenement* 
 diif Mefuagio fpeHan vcl cum cod' dimiffa (cttuai* 
 (^ jacenf in Lancefton /« Cow*' Corn ubie ac nuper 
 Vnoratui de Launceflon fpe^antia, andthefe came 
 by Conveyances to the LeiTor of the Plaintiff, and 
 that before the Leafe aforcfaid_, 'videl. z i Eliz,. an 
 Houfe was ereded upon Parcel of the faid Clofes, 
 they find that the Prior of Lancf(hn had not o- 
 ther Lands in Lancejion^ known by the name of 
 Dracombs, or Norib-Draair/ibs there befides the/- 
 O 4 Lands I
 
 200 <lD6e Lnly of ^^crpi-ji^'tioutif. 
 
 Lands In the Declaration, and that K.. j^. i. an. 9, 
 demifcd thofe Landi to f/. £• by the name of the 
 four Ciofes Jate in the Tenures of "^john Peers in 
 l<!2rth Draccmbs^Mxx'ltr whom the DeTendant claims. 
 Ter Cur. the Patent is j^ood for the MclTuage and 
 all the Land j for the the Land was not buiir upon 
 when it was dcmi/cd^ and when it came to the 
 King, and thir afrcrwards a MtiTunge was eredled 
 thereupon before the Patent, yet it (hall be granted 
 Hs i't is, and by fuch name as It ii known at the time 
 "of the Patent. Cro. Jac. 16B. 'Jemiings and 
 Lah. 
 
 This Cafe of Pafcbal and Marriot was acutely 
 argued in i Leoyj. 1 f^C). Cafe ziS. 
 i/!i'«/, K'"g Henry S, in 4 Jinnj Rcgni fui^ foundfd 
 
 an Hofpital by the name of the Mafier a»d Chap- 
 lains of the Hofpital of King Henry the %\.\\de le 
 Savoy. And aherwarJs in the rime of Q. Mary^ 
 the faid Mafter and Chaplains leafed the fame to the 
 Defendant by the name of W. H. Maficr of the 
 Jlofpital Henrici tjuper Regis Avglia feptimi 'vo- 
 cat"* le Savoy ^ Capcllan"* Ho[pttai' pradi^. And 
 afterwards by their former name ( which in truth 
 was their very name) lea/ed the fame to Fanfliaw^ 
 who leafed the f\m,e to the PlaintiflF. It was ad- 
 judged by two of the Barons in the Exchequer -t that 
 the Leafe was void for the Mifhomcr, agalnfl the 
 Opinion of Man-wocd. Upon this a Writ of Error 
 v/as brought in the Exc^f^w^r- Chamber; one vari- 
 ance was, the name of the Foundation is the Ma- 
 iler of the Hofpiral^ & Capellanus ditli Hofpitii, 
 But in the Leafe, Capellantts is not Immedlarely an- 
 nexed to the Mafter ; but this was overruled to be 
 good enough. Another vai lance was in the Foun- 
 dation, the words, HofpitrJis Regis Henrici Jepti- 
 mi ; and in the Leafe the words are Hoffit^lis Re- 
 gis H. 7. mifsr Regis A^glia ; fo the word {nuper) 
 is Suroluhje. But per Cur. this is no variance in 
 
 fub-
 
 Cbc lalD of € o^po^ations?, lo i 
 
 Subftance. Bui the main variance Infifted on was 
 the variance Je le Savoy & vocai le Savoy. Coke Dt s. & vocat. 
 argued that it is a material Variance ; the v/ord (^de) ^' f'>e diffe- 
 le Savoy defigns a Place, i'o as by the word </f^""*-"^- 
 the place is become Parcel of the Name. But this 
 word vocat* locum non denotaij but only the v^ry 
 Name. 2. This word de fuppofeth a Place before 
 the Foundation, as the Place on which the Hofpital 
 was erected was called he Savoy before the ere<5lion 
 of it ; but thefe words (vocat' le Savcy') fuppofeth 
 the fame name Savoy was impofed upon tha Foun- 
 dation. 3. {DeleSav:y) is matter of Verity and 
 Certainty (vccai) but matter of Reputation. The 
 name of a Corporation is as the name of Baptifm to 
 a natural Man, and there fhould be no variance ; „ .. 
 nay the Law requires more certainty in the name of 
 a Corporation^ than in the name of any particular 
 Perfbn. When an Infant is born he is prefently a 
 perfcdt Creature, and the giving his Name is not 
 matter of Neceffity, but of Policy for diftin<5tion ; 
 but as to a Corporation, the name is of the Subftance 
 and Eflence of it, and without their Name they are 
 but a Trunk ; but the matter was compounded. Ho- 
 hart (ecms to fay it was a hard Judgment in the 
 Exchequer. It was (aid in that cafe by the Lord Chief 
 Baron Man-wood, four things are only to be refpe6t- 
 ed in the name of a Corporation, i. The names 
 of the living Pcrfons who are the Corporation, as 
 here the Minifters and Chaplain. 2. The Houfe 
 whereon they are Refident, and make their Aboad. 
 5. The name of the Founder. 4. The name where 
 the place of their Aboad is builded and ere6l:ed. 
 
 The College o^ Eaton was incorporated by the £^/o„. 
 name of pr^po/itt Collegu regalis Sand"" Maria de 
 Eaton juxta IVindfoVy and a Leafe is made by the 
 name of frapnjjti d^ fociorum Collegii Regalis de 
 Eatony and this was held a void Leafe. 4 Aiarr. 
 Dier 150. 
 
 But
 
 101 C6c XLalu of Co^po^atfoitjj* 
 
 utrborougk. But the Dean and Chapter of Peterhorough were 
 incorporated by the name of Decanus d^ Capitul"* 
 Ecclefa: Peterburgenjrs^ and they make a Lcafe by 
 the name o[ Decanus & Capitul' Ecclefia de Pe- 
 terboroWj and held good enough, becaufe the vari- 
 ance was not in matter of Subitance. 
 
 topn. The Guild of Bo/ion In Lincolnfljire was incor- 
 
 porated by the name of the Guild of St. NicbolaSf 
 and our Lady the Virgin Mary^ and they made a 
 Lcafc for Years by the name of the Guild of our 
 Lady the Virgin, and St. 2V/c^y/^, Relt^ione qua- 
 Jam motus nomen Virgini Maria in Charta ditnif' 
 Jionts fYitpon nomini SanB"* Nicholas. And it 
 was adjudged a void Leafe for the variance afore- 
 laid. I Leon. 19^, 
 
 The Plaintiff in Ejedment declared of a Lcafc 
 made by the Mafbrof the Houfe or College of St. 
 Thomas \nLoftdon-^\t was given in Evidence,that the 
 Leafe given in Evidence was not the Lea(e whereof 
 rhe Plaintiff had declared ; for the Original Leafe 
 fhewed in Court is Mailer of the Houfe or Hofpi- 
 tal, and the Leafe fpeclfied in the Declaration is 
 Mafler of the Houfe or College. Some Juflices 
 conceived it not any material Variance i for by them 
 
 n.r,. i3r.r,.- College and Hofpital are all one. i Leon. 215. 
 
 tai. Clemens and Smith. 
 
 The Dean and Chapter of St. Maries in Exeter 
 make a Leafe by the name of Dean and Chapter of 
 Exeter t this is no material Variance, i Leon. ^7. 
 Willis and yermin. 
 
 Trtn. CoIIcee ^'"g Hsnry 8. incorporated the Scholars of 
 
 in Cambridgi. Trinity College in Cambridge, by the name of 
 Mafters, Fellows, and Scholars, Collegii Sanct* cr 
 Indix/idua Trinitatis, in the Town and Univerflty 
 of Cambridge. And in G Edw. i. they made a 
 Leafe by tlie name of Majlers and Felloivs of the 
 Trinity College tn Cambridge, leaving out the Uni- 
 'verjity, Telve^'ofi argued, That it is a void Leafe, 
 
 as
 
 CtjC laUJ of Co3PO]atianj3. 203 
 
 as if it had been made by the Mafters and Fellows 
 of Trinity College in the Town, and lefc out the 
 Univerfity of Cambridge^ it had been void. Wat- 
 fer contra^ Who cites the Opinion of the Lord Vop- 
 hatns in Bttrton's Cafe, that a Corporation 
 cannot be limited to a County, as prchos homines., Corporation 
 offucha County, or Trinity College in fuch a not to be limi- 
 County, but it ought to be reftrained to fome cer- ted to aCount/. 
 tain place. Befide^ Univerfity is not Local, but 
 Perfonal, as K. H. 3. Intending to keep a Parlia- 
 ment at Oxon. directed his Writ to the Chancellor 
 and Univerfity of Oxon. commanding them that 
 they fhould remove the Univerfity to fuch a Place Univerfity, 
 till the Parliament fhould be ended, and after fenc 
 his Writ, and willed them to return : So that this 
 appears, Univerfity is Perfonal, and not Local.- 
 And if it were a Place it could not be removed. 
 The Dean and Canons of Windfor made a Leafe 
 for years, by the name of Dean and Canons of Ncoy 
 Windfor, and this was adjudged no material Vari- 
 ance. The Lord North's Cafe was this, Chrifi- 
 Church in Oxon. was incorporated by the name of 
 Dean and Canons of Cbrifi-Church rn Oxon. and 
 they made a Feoffment by the name of the Dean 
 and Canons of Chrtft-Church m the Univerfity o£ 
 Oxon, and it was adjudged a good Feofment x 
 Brc-wnl, 145. 
 
 The Cafe of the Dean and Chapter of Chrijt- pg^^ jjjji 
 Ci)«rc^ is more fully reported in my Lord Chief chapter of 
 Juftice Fophams Reports^ p. 56. under the nsime o^ Chr/ji^Churck 
 Button and Wrigbtwans Cafe. The Dean and *** ^*"'* 
 Chapter of Chnfi-Cbttrch in Oxon. were incorpo- 
 rated by K. H. 8. by his Letters Patent, by the 
 name of Dean and Chapter of the CathedralChurcb, 
 &C. Oxford, of the Foundation of K. H. 8. andfo 
 to be called for ever. The Dean and Chapter be- 
 ing fcizcd ot an Houfe and Land in Fee in jure, Sec 
 by the name of the Dean and Chapter, Ecclefa 
 
 Catbs'
 
 i04 ^ht Xato of Co^po^atfon^. 
 
 Cathedralis Chrifii tn Acadenna Oxon. ex funda- 
 tione K. H. 8. enfeoffed Lord North, by Deed da- 
 red I Ed. 6. the Plaintiff claimed by Leafe, under 
 Q^EltZjjbeth^ and in a fpecial Verdi6l it was found 
 that the City of Oxford, and the Univcrfity of Ox- 
 ford were all one. Per Popbam, Gaudy and Clench, 
 This is not fuch a Mifnomer as (hall make the Fe- 
 offment void ; for fuppofe it had been Decanm dr 
 Cafitidum Ecclefia Cathedralis Chrifii in Civitat. 
 Oxon. it had been good ; for Oxon. df Civitas Ox- 
 on are one and the fame. So it is of an Hofpital to 
 be ere6led by the name of the Hofpital of St. yvha 
 in St. Clement J and they make a Grant by the name 
 of the Hofpital of St. John m the Parifh of St. Cle- 
 TTjenty its good, for it appeareth to be the fame. And 
 fer PophaMy the place in a Corporation may be well 
 refembled to the Sirname of a Man ; and its not 
 good to fay Mayor and Commonalty, Dean and 
 Chapter, without faying of what place. And in 
 the Cafe of a Corporation it fufficeth to have a fuf- 
 Sufficient ae. g^j^^^ demonllratlon of the Place where the Cor- 
 monftratjon of - • n • • l l i t j 
 
 a place poration is, albeit it be not by the preciie words 
 
 comprifed in the Charter, and the naming Acade- 
 tnia Oxon. pro 'villa Oxon. to ere6i; an Hofpital by 
 the name of an Hofpital in the County of S. or in 
 the Bifhoprick of B. &c, is not good, becaufe he Is 
 bound to a Place too large, and uncertain ; but a 
 College ere<5led in Acad. Cantabr. or Oxon, is good, 
 becaufe it tends but to a particular Place, as a City, 
 Tov/n, d^c. 
 
 CAP.
 
 C&e Laus of Coipaiatfait0* 2.05 
 
 CAP. XIIL 
 
 What Ad: done by an Abbot or Bi« 
 fliop, Crr. (hall bind their Sue* 
 celTors or not. 
 
 Sole Corporation cannot difclaim a Seigniory. Can- 
 not deveji a Fee which is veiled in them. 
 Vifclaimer in a Quo Warranto fmll hind their 
 Succeffors. How afole Body Politick wight have 
 made s Difcontinuance. Stat, i Eliz. 1 3 Eliz» 
 und I Jac. c. 3. retrain Difeentintutnces. What 
 things fljall go in Succe^on. Where the Succejjor 
 efa Body Corporate [hall have Chattels and Debts 
 upon Bondf and other things. Of the Succeffor 
 of the Prefident of the College ofPhyficians, Of 
 Vifttors, 
 
 A 
 
 N Abbot or Prior, Bifliop, Parfon, &c. Soie Corpora-" 
 
 or other (ble Corporation, cannot difclaim tion cannot 
 
 his Seigniory in a Court of Record To as to dif«;laim a 
 
 extinguifh it. For the Claim cannot diveft any ^^^f^^^^h ""'' 
 
 Fee which is vefted in their Houle or Church. For SiX^A •„ ►tt^ 
 1 «TT'i"i r I T 11 n ^ . velted in them. 
 
 the Wiidom ot the Law would never truit one fole 
 
 Perfbn v/ith the Diipofition of the Inheritance of the 
 
 Houfeor Church. Altter of a Biftlop and Chapter, 
 
 Parfon, Patron and Ordinary, 
 
 But in a Quo Warranto at the Suit of the King 
 againlT: a Bifhop or Abbot for Franchifes and Liber- 
 ties, if the Bidiop or Abbot difclaim in them, this 
 (hall bind thtir Succeflors. 
 
 If an Abbot had acknovvleged the Aulion in a 
 Writ of Annuity, this Oiould have bound the Suc- 
 ctflbr, becau/e he cannot falfifie it an higher A<3:ion 
 and tfaeiC iiiuft be an end of Suits^ txpedit. &t. 
 
 But
 
 io6 
 
 How a Cole 
 Body Politick 
 may make a 
 Difsontinuancc. 
 
 Corporations 
 
 Aggregate 
 
 cannot. 
 
 Difjontinusn- 
 ccs retrained 
 by Statute. 
 
 Clje Lalu of Co^pojatioilff. 
 
 But if the Abbot levy a Fine or acknowledge th-' 
 A(5Vlon in a prt£ctpe cjuod reddaty the SuccefTor fhall 
 be bound fro tewfore ; but he may have a Writ of 
 Right and recover the Land. 
 
 Debt on Bond vtrfus Abbot, the Abbot ac- 
 knowiedgeth the Action and dies, the SuccefTor 
 (hall not avoid Execution, though the Bond was 
 made without alFent of the Convent, for he cannot 
 faifify the Recovery in an higher A£lion, & res ju- 
 dicata pro vent ate recipt:ttr. So of a Statute or Re- 
 cognizance. I Infi. 1 01. ^. f . lo^. <«♦ 
 
 A fble Body Politick that hath the abfblute Right 
 in them, as an Abboti Bifhop, d^c. may make a 
 Difcontinuance at Common Law ; but a Corpora- 
 tion aggregate of many^ as Dean and Chapter, 
 Warden and Chaplain, Mafter and Fellows, (*^c. 
 cannot make any Difcontinuance ; for if they joyn 
 the Grant is good ; if the Dean, Warden » Mailer, 
 or Mayor make It alone, it^s void and worketh a 
 DifTeifm. But by Stat. I Eliz. 1 3 Eliz.. c. i o. 
 & I 'Jac. c. 5. Bifliops and all other Ecclefiaft'cal 
 Perfbns are difabled to alter or difcontinue any of 
 their Ecclefiaftical Livings ; fir by thofe Statutes, 
 if the Bifhop, Dean, Mafter of any Hofpltals, dfcj 
 vide h Stat, here, i In ft. 341. <^. 
 
 What things fhall go in SuccefTion. 
 
 where a SucceJJor ef <» Body Corporate fljall have 
 Chattels and Debts upon Bond made to hit Fre* 
 deceforsf and of other things, yifitors of a Cor-' 
 foration, 
 
 ON a Bond made to a Biffiop, Parfon, Vicar,* 
 Mafler of an Hofpital, or other fble Body 
 Politick, the Executor or Adminiftrator fliall have 
 the A6iion, except in the Cafe of the Chamberlairf 
 of London^ where it goes to the SuccefTor. Bat hi
 
 C5c %t\\j) of €o?pojatfon^; 207 
 
 the Cafe of a Corporation aggregate, Dean and 
 Chapter, Mayor and Commonaltyj the Succeffor 
 (hall have the a6Hon, 4 Rep. 68. FHllwootfs Cafe„ 
 Cro. £//2:. 480. Bird and fVilsforJ. 
 
 If a Leafe for Years be made to a Bifhop and bis 
 SuccefTors, and the BiHiop dies, yet this ftiall not 
 go to his Succeffor but to his Executor, i /»y?. 46.^. 
 
 If the Parfon recover an Annuity, and afterwards 
 Arrears incur, and after the Parfon dies, the Execu- 
 tor of the Parfon fhall have the Arrears, and not 
 the Succeffor, becaufe he might make his Will. A- 
 liter in cafe of a Mafter and Convent. 
 
 The Patent confirmed by A6f of Parliament h^ 
 that the Offender in pracSlifing Phyfick in London 
 without Admiffion by the Colledge of Phyficians 
 fhall forfeit 5 /. for every Month, unum dtmidtum 
 Regi, alterum dimidium di^o Frajidenti ^ CoUe- 
 gio. If the Prefldenc recover in Debt againft the 
 Offender and dies, the Succeflbr fhall have a Scirs 
 Facias to execute it, and not the Executor : for the 
 Predeceffor recovers this as due to him and the Col- 
 lege. 1 Rolls Abr. 515-. Atkms and Gardner. 
 
 Vifiters of a Corporation^ 
 
 If the Hofpltal be Lay, the Patron fhall vifitj 
 if Spiritual, the Bifhop fhall vifit, 10 Ref, 3 1. un- 
 kfs fpecial Vifitors be appointed. 
 
 CAP.
 
 ,6^ ^l)t Lalu of €o2poMt(on!3J 
 
 CAP. XIV. 
 
 Of By-Laws, chiefly in Loudon, 
 
 PoTver to make By-Lawi incident to a Corporationl 
 Acts of Common-Council. What By-Laws are 
 gooJy and what not. By-Law concerning Land. 
 ABs of Common-Council cenfured as to Form. 
 Of By-Laws retraining Trade s^ Stat, i 9 H. 7. 
 c. 7. Allowance by whom. Monopoly. Ordinan- 
 ces pro bono publico. The Cafe of Blackwell- 
 Hall. By-Lflws by Inhabitants of a Village, 
 In what cafe a Corporation cannot make a By- 
 Law. The Town of Colchefter'i Cafe^ Free- 
 dom of a Corporation to be had three manner of 
 'ivays. "The cafe of Wharfage at Puddle-Docic, 
 with an Ab^raU of the Argument. No Forfei- 
 ture of the SubjeBs Goods may be by a Charter. 
 Nor Jmprifonment. Ordinance of the Merchant 
 Taylors Company. A By-Law of the Bric!clay- 
 ers Company. Company 0/ Lock-Smiths in Dur- 
 ham. What will not amount to a Corporation. 
 The Ordinance of Black well-Hall. By-Law not 
 to take Apprentice the Son of an Alien. Ordinan- 
 ces reflraining Apprentices that have ferved their 
 Time. Fore/Balling of Ftjlj. Imprifonment not 
 for the Offence of a ByLfiWy but the Contempt. 
 In what cafes Imprifonmcnt by a Corporation is 
 lawful. Scavsge Debt for a Duty growing on 
 a By-Law. By-Law as to the Number of Cars 
 in London, Cu^om may create a Alonopoly. 
 Wlnchelfea By-L^w as to Beacon. Oxon By^ 
 Law again ft Night-Walking. Bj-Law not to 
 oblige th'jfe which are not VJitkin their B^y. 
 Stra?Jg'.rs where not to take notice cf the By-Law 
 
 of
 
 Cbe Lnlii of (ird?pc?at(on«?. ^^9 
 
 of the Butchers tn London. Ry Laivs to prevent 
 
 the Excrefcence of Trade. Reftraint as to tht 
 
 pUce cf Trade. A5U of CoThTKon-Council m 
 London. 
 
 PE R Hvhart: That though Power ro rflakc 
 By Laws is given by fpccial Claufe in all incidcnrjto't 
 Incorporations, yet it is needlefs : For it is Corporation, 
 included by Law in the v^ry Acl of tncorporating, 
 is is alio the Power to fije, to purchale, or the like. 
 For as Reafon is given to the natural Bc-Jy for 
 the governing of it, lo tlie Body Corporate muft 
 have Laws as a Politick Reaion to govern it : But 
 ihefe Laws muft ever he (iihjccl ro the general Laws 
 6f the Realnn, as Subordinate to it. And if the 
 King do ill his Letters Patents of Incorporation 
 make Ordinances himfelf, as was the cafe of Ncm/ 
 and Staps^ yet Chele are :tlf6 lubjc(f^ to tile fame 
 Rule ot Law. _'■■.■ 
 
 The Cuftom of the City of London is, that fhe The Reafon dT 
 Ivliyor^and Al'deimen, and Foaf Perfbns chofen out ^7"^^*'» 
 of tach VA'ard by the Commonalty may make Or* 
 dinances, which they call A6?s of Common-Coun- 
 cil, and they (Kill bind every Citizen and Freeman. 
 There is Dilfcrence in making Laws by a Corpora- 
 lion : A CorporatiJn may make an A<tl for the bet- 
 ter executing of any Law ellablifhed at the Com- . 
 mon Law ; but new Laws they cannot make : And 
 t!he By-Law may be good by Cuilom : And they 
 may appoint a Penalty, for to what purpofe ofher- 
 wife (hould they make an' K& ? and Debt lies, 
 5[ Leon. z64 Chamberlain of London*i Cafe. 
 
 An K&. of CommoiiCauncil," according to the %-Law cotj-I 
 Cufiomof the City of LondoTt was, by which it ^^^"^"g ^^*n<*- 
 was decreed, ' That none fhould bring any Sand, 
 
 * nor fell riof ufe any wlchih lihe City or Suburbs of 
 
 * London buc that only which was taken out of the 
 
 * d&vcT oiTbimeSi &c. And thu if any did the 
 
 P * cohtrary
 
 ^ contrary, that he (l^xild forfeit for the firfl: Fault 
 
 * 5 /. and for tlie fecond Fault i o /. to be recover- 
 
 * cd in an Aolion of Ucbt, wherein no Effjign, Pro- 
 
 * teflon or Wager of Law fliould be allowed. 
 Afis ot' Com- The Court was grcuily vexed at this OrdInance> 
 mon Council not onjy tor the Matter and.Subllancc of it, but 
 cenlufcd as to (^ ^\^q Fbfm of if. T/jimts Sand was much worfe 
 the F«im. ^Y^.^^^ j|^^ j^^j^j 3^^^^ ^^^j y^.j ^^^ p^l^^ ^f ji^g pgj^g 
 
 was greater, and the n-.eafure Itfsi a!id it's againll 
 reafon that any Freeman fhould be rtlbained againft 
 Merchandizing and felling. And the Court fa'd, 
 That they were very prefuinptuous in making Acts 
 lb Parliament like, that no EHuign, C^'c. and ftir- 
 * red up the Plaintiff in the next Parliament to exhi- 
 ybit a Bllag init rhtni for it. GcS. lo6. B. R. 
 
 P 
 
 Of By-Laws rejlrabi'ing Trades. 
 
 I EX Hobart In Norris and Stap his Cafe, p.lio. 
 it's a great Qiieflion, Whether a new Corpo- 
 ration, having no Prefcrlptlon to appropriate and 
 exclude other?, can make a Law to exclude Perlons 
 to life an "Art or Trade in their Town, whereunto 
 ;i they We're not Apprentices, within the fame Town, 
 
 v^l though they ferved their Apprenticcfhips to if elfe- 
 
 ' wliere ? lb that the Queftion is between the Parti- 
 
 ' ^cular Piiviledges of Towns, and the General Li- 
 
 "berties of the People, and fit to receive a Detcrmi- 
 ,^ nation. 
 
 The JPreliminaries in tiie Cafe are: 
 
 . (, I. The Common Law did not forbid any Man 
 . , "to exerciie any 1 rade, were he trained up to it or 
 not, or to exercife more Trades than one;. This 
 was prohibited by Stat. 27 EJ. ;. c. 6, but repeal- 
 ed afterwards. 
 
 ». The
 
 ^\}Z llaU) of Co^pojatioitjj^^ m 
 
 1. The Law as it now Hand?, forbids not any 
 one toufe any Trade privately, as ro be my TayloK 
 in my Houfe, for that is not a Trade but a Service, 
 and it is at my own Peril be it well or ill done. 
 This is refolvd in rhe Taylor of Ip/wfcb''s Cafe, 
 1 1 Rep. Owe may be a private Cook, Bajcer of 
 Taylor, though never Apprentice. 
 
 g.That the Law as It now ftands forbids no Man 
 to exerci(e a Trade Publickly, that hath been an 
 Apprentice to it wherefocver. The Star, j Eliz,. 
 lellrains it not. 
 
 The King incorporates the Mafler, Warden and 
 Commonalty of the Taylors and Cloathworkers of 
 Jpjuftcby and granted that they (hall have Flenam 
 pott[tai* d^ autheritat' facere & con^ituere ratiO" 
 nabtles Leges Ordwationet &• Cvnjittutiones infcript* 
 tjUiC eis viderentur (alubria bona utilia honefia df 
 necejjaria Jccundum eoruw difcret tones pro bono regi- 
 mine <& gubernat' &c. Soaetat^ pradi^' d^c. 
 
 But by the 19 H. 7. c. 7. itisena6tedj That no ,p yj .^ -; 
 Mafters, Wardens, and Society of Crafts and My' of Allowanco. 
 fteries (hall make any Ada or Ordinances, nor to 
 execute any Ad:s or Ordinances in exharedationem 
 feu diminutionem Prerogativi vel aliorum ali' 
 quorum nee contra conrmune froficuumpopuli nijiidem 
 Actus (^ Ordmattones exammai df' approbat*forent 
 per CanceP Tbtjaurar* Anglta capital' jittfi'ic* utri' 
 uf/jue Band vel tres eorum vtl alit^ coram Jufiici- 
 ants Aj]iZ*<e in eorum ttineribui fuh posna fonsfati* 
 40 1. pro ijuelibet tempore cfuo tpfi m contra fac&rent. 
 Then (et forth the By-La%v, and then Oiew this 
 Allowance by the Judges of Alllze. 11 Rep. 53. 
 a. b. 
 
 The Ordinance that prohibited him to ufe his 
 Trade until he had prefented hiaifelf to the Maftefr 
 
 P 1 and
 
 and Wardens uf the Society, or until they allowed 
 him to be a Workman, this is ngainft the Liberty 
 of the Snhjecl, and the Stat. <^ Eliz,. reftrains him, 
 not having not fervcd him feven Years, and is a 
 means o^ extortion of Money from young Tradef^ 
 men. Quer. If it had bten laid by way of Cuftom 
 and Prefcription as in Sleep^s Cafe, and in the 
 Mayor and Commonalty o( Colcheter's Cafe, Car- 
 ter s Rtp. 
 
 The Stat. 19 f/. 7. c.'j. doth not corroborate 
 any of the Ordinances made by any Corporation 
 which are lo allowed and approved; but leaves 
 them to be affirmed as good, or difafHrmcd as un« 
 lawlui by the Law. The fole Benefit which the 
 Corporation gain< by fuch allowance is. That they 
 (hall nor incur the Penalty of 40 /. mentioned in 
 the Aft, if they do put in ule any Ordinances 
 which are againft the Prerogative of the King, or 
 the common Profit of the People. 1 1 Rep. 54. ^. 
 
 The Company of Merchant Taylors in London 
 had Power by Charter to make Ordinances for the 
 better Government of the Company, io that they 
 are Confonant to Law and Reafbn. They made 
 onc^Orcinance that every Freeman of the fame So- 
 ciety who fliould put any Cloaths to be drefied by 
 any Cioathworker, not being Brother of the fame 
 Society, fliould put the one half of his Cloaths to 
 Tome Brother of the Time Society on pain of Forfei- 
 ture of I o /. and to diftrein for it* It was adjudged 
 this Ordinance was againft the Common Law : For 
 every Subjeft by the L^w hath Freedom and Liberty 
 to put his Cloaths to be drels'd by what Cioath- 
 worker he will, and not be retrained to certain Per- 
 Monopoly. fbns ; for this in efFeft would be a Monopoly. 
 Davenant and Hurdts cited 1 1 Rep. 8. b. 
 
 „ „ _ , But if Ordinances be pro bono publico, then thev 
 
 Fro Bono Pub' ■ n t ' \ c\. c r- r- -i 
 
 /,^j are not againlt Law. Ao: of Common Council 
 
 was, That if any Citizen, Freeman or Stranger 
 
 within
 
 C()e latu of Co^po^atfonjJ. ' xii 
 
 within the City, fhall put any Broad Cloth to fale 
 within the faid City before it be brought to Black- 
 well-Hall to be viewed if it be vendible, and that 
 Hailage be paid for it iyidtl.) one Penny, that he The Cafe of 
 fhall forfeit for every Cloth 6 s. % d. and refolved, BtaikvelLUaH. 
 I . That time out of Memory they of London have 
 u/edlo make Ordinances. And i. Their Cufloras 
 are confirmed by A6t of Parliament- 5. There are 
 divers Statutes made for the true making of Woollen 
 Cloth ; and to the Intent that they fhould be better 
 executed without Deceit, this A6V of Common 
 Council was made to have them viewed in a pub- 
 lick place. 4. The affefling of one Penny is fro 
 bono jiublicOy having regard to the Benefit the Sub- 
 je6i enjoys by fuch Ordinance, and is like to Pon- 
 tage, Murage, Toll, <d^c. 5. The Penalty being 
 jnfli6led upon the Offender, although he were a 
 Stranger, is lawful, being done within the City. 
 5 Ref» Chamberlain of London'i Cafe. 3 Dion. 
 p. 164. 
 
 NotCt Not only Corporations made by Letters 
 Patents or Prefcription, but Inhabitants of a Vil- fnhabitants of 
 lage may without Cuftom make (bme By-Laws j t Village, 
 for they are by Common- Law (as it were) incorpo- 
 rate for fbme Neccflities both common and peculiar 
 to that dillinct Body, as Reparation of a Church 
 or High Way, &c. and in fuch cafe the major 
 part fhall bind all without a Cuftom. Alfb the Te- 
 nants of a Manor may for their common good make 
 By-Laws, but then it muft be by Cuftom. Hobart 
 211. Rep. 6^. 
 
 Gorpoi^ations rnay not make Ordinances with- '" ^'^^ ^^f« 
 out Cuftom or Charter of the King, unlefs for ^"''''"'^'^""JJ 
 things which concern the Piiblick, as Church, Bv-Liwi.'"* * 
 Highways, &c. 
 
 In Debt, The Plaintiff declares that the Town Y\^e Toftri of 
 of GoUbeJfer time out of mind was an ancient Bur- Cokhefltr, 
 rough and incorporated by the Name of Bailiff 
 
 P 2 and
 
 214 ^6c Lato of Cojpo^atlcns* 
 
 and Common:iIty till i i Car. i.ind then they were 
 incorporared by the Name of Mayor and Commo- 
 nalry, and enabled to hold luch Franchises aa they 
 enjoy *d by any Name. They let forth, That time 
 cut of Mind there have been two Cuftoms; 
 
 I. That no St'-angcr Artificer that is not free of 
 thc.faid Burrouj^^'h fhall ui't any Art, Myftery or 
 Occupation within the fame Bur rough. 
 
 X. Thrt the Bailiff and Commonalty ufed to 
 make realonable By-Laws and Ordinances about 
 Tradtfn:Kn and Artihcers, and ufed to impole rca- 
 fonable Pains againft Offenders. 
 
 They m^de Two By Laws : 
 
 I. That no Foreigner who fhould be commorant 
 iij.the Burrpugh or Liberties fhould take direilly or 
 indire(ftly into his Houfe to ufc any Art^Myftery or 
 Occupation, any Journyman, Apprentice or poor 
 Boy, but what {hall be refident in the Town or 
 Liberties thereof, and difpofed by the Mayor and 
 Commonalty or Common Council, /uh pcena, &c. 
 
 %., That no Foreigner at any time, dire^ily or 
 indire(5tly, fhall open his Shop or (et up his Trade 
 within the faid Burrough till he hath compounded 
 with the Town for his Liberty. The Cuftom is 
 good... . :Jf{..,.^ .; A 
 
 BrUgwan held the firft By-Law naught, the 
 ftcond good. The Cuftom is good, and when they 
 fay By-Laws forrtftraint of Trade ought to be ta- 
 ^len ftri^lly, I deny that when they arc to (Irejjg- 
 then a Corporation and to regulate Trade. Now 
 the Cuftom being good that no Foreigner ftwll ex- 
 crcife a Ttade within the Town, thisis not vJ^JtiPro- 
 jKtJy a By Law as a Ktlaxation ; for the Cuftom 
 
 rcftralned
 
 eye Lauj of Co;pa?ation0* ^^s 
 
 reftraincd them, and by this By-Law upon Com'^reciom three 
 pofition they may ufe and exercife a Trade. Now'*"^""" ^^•^J'^ 
 a Man may he freed three manner of ways?, I. By 
 ferving an Apprcnticefhip. 2. By being born a 
 Freeman, as the Eldeft Son, 3. By Redemption,' 
 they may buy their Freedom. If they will admit 
 him into Priviledges it is rcafon they fiiould have a 
 Sum of Money; did the Charter cod nothing^ 
 Cart£r'*s Rep. 1 1 4. Mayor and Commonaky of 
 Colcbefier again ft Goodwin. 
 
 Tre(pars for enrring his Houfe and taking fen [^,..5 ^^5 Jar 
 Pi^wter DifheSj value, &c. The D-^fcndancpfcads levying Fines 
 Incorporation of the Taylors at Exeter by Patent by F)iftrcrsa?id 
 Ed. 4. with Power to make By-Laws, and a By-^^'^ of Goods. 
 Law was made. That if any Member fjiake any 
 fcLirrilous or difgractful Language to another of the? 
 Company, ad Aliejuam convintionum Communitat* , 
 f^adtH^ that he fhall forfeit 5 j. 4 </, to be levied 
 by diftrcfi and fale oi the Goods,and that the Plain- 
 tiff at the Convention of a Company faid. The Ma^ 
 fiers ef the Ccntpany are a Company of Pickpocket 
 Rogues, let them kifs my Arfe, andtf any of therm 
 dare corne to my Houfe Vll knock out their Brains ; 
 by which he Forfeits g s. 4 d. and for Non-Pay- 
 ment the Beadle of rhe Company by their Warrant 
 fuh Contmuni SigiUo to levy the ^ 1. 4 J. by Di- 
 ftrefs and faie of the Goods, &c. The Plaintitf 
 demurrs generally. It's not faid that i hey fold them,' 
 or what became of the Overplus To levy by Di- 
 fb-efs is legal ; bur not by DiftrtTs and Sale. h\ 
 void by Law. 3 Levins i8l. Clarke verfiis 
 Tucker. By-Law if any 
 
 . Debt by the Mayor, &c. o<[ Oxen verfus ^r''^^- )iv?"^^''^'a^d 
 
 g^ofe, and Declare, Thar CtvttiU Ox^^w' is <»w^i- letiife'hc'fhiill 
 
 tiua Civitas d^.Corporat"* per nomcn Major.; &c.Uniek, and 
 
 and that time out of mind they ulVd to make Bv- ^-'"l- T- S. was 
 
 La*s fra bono Regimina civitatl ^ Ctvium (j^ ^•^^'^'' '^^^^^^^ 
 
 Burgmftum, and to ckd a Chamberlain- de /?«ri , "^ ""' 'll" 
 f* * ' '■lie w,u a trea- 
 
 P 4 genfwui nun.
 
 %i6 El)e am of Co^po^atfflitjj* 
 
 gtvfihus j>yje'JicL for a Year, and that 17 j^ug. 
 I Re^u Tttwc xhcy made a ByL.aw, Qjiod fi altcjua 
 per(pjia foret dtb tt* elett"^ to be Chamberlain, d^ re- 
 cHJartt Jujcipere Ojjiciunt^ he (hall fork it I q /. to 
 the Mayor, c^c. and then (hews rhat ^o Sepr. 
 , An. I. pradt'cl. (fcundum Cnn[n(tudi?jfm prtfdi'SL 
 the Defendant debup niodo eletius fuit tn Ojjiciu?^ 
 idud tpio cxifien cize O* libera howinum cfvitat, 
 fradttl. and that he refuted to accept ir, c^c. I'he 
 Defcndanr dcir.urs upon the Declaration, c^ per tot*- 
 Cur. Judgment for the Defendant. For the By- 
 Law to cleft ali'^unm perjonarn is voidi for by it 
 they may elf ft any Strang :r, and the Words debit 
 modo eletl, will not cure it ; for this |Joes only to 
 the manner of Elcclion, and not to the Perfon to 
 he elefted, it oughc to have been ft alte^uis Civis 
 Jiye Bur ^enf. foret elctl. "^ Levins ^9^. Mayor 
 and Commonalty oi Qxon verfus fVild^nofe. 
 
 C. F. Chamberla'n of London diflreincd the 
 Goods of /K R. for a Pain alitfltd by the Com- 
 mon-Ccuncil of London \ and upon the return of 
 the Sheriffs of London appeared to be this. They 
 returned the Ufage and Cuftom of the City of 
 London to make By-Laws by their Common Ccun- 
 fuddhdoch ^^^ "> ^^^ ^^^^ Puddledock near VauPs-Wharf was 
 an ancient Place for lading and unlading of Ships, 
 Boats and Lighters, and that it was in decay, and 
 that for Reparation of it it was ordained that tvcry 
 Ship that fliould be laden and unladen there Ihould 
 pay a Penny for e^try Load which he Oiould carry 
 from thence, and that every Carman for every Load 
 whith he fliould carry from, thence fhould pay a 
 Penny ; and that the laid' IV. K. had carried divers 
 Loadsj &c. and that the Ciry did grant this Af- 
 fcfmcnt to the Chamberlain, in Re conipence of the 
 Charges which he (houid expend about the /aid Re- 
 paratioji?. And upon this Certificate a Vrcc^dendo 
 m^iS prajcd. 
 
 Argued,
 
 C6e lain of Ca^po?atlon0. ^ 
 
 Argued, Thar this was a good By-Law founded 
 fipon Cuftoni and Prefcription, fo Taverner and 
 Crcmwell^ C&{h. Dier 522, 5^g, where the Lord 
 of a Mannor rrmde a By-Law, That no Tenant 
 ftould puc his Beaft into the Common before the 
 Ringing of a Bell, upon pain to forfeit 11. d. and 
 adjudged a good Ordinance. And this is for the 
 Weal Publiclc of that part of the City and of all the 
 City. 4x Eliz^. fVifemans Cafe, Wharfage by 
 Prefcription is good. And 44 Eliz. Hankfljead 
 and (Voods Cafe, where Toll was paid for main- 
 tenance of the Walls of Salisbury, for every Pack 
 of Wool which pafled by a Penny; and held to be 
 a good Impoficion. And the Gale of Gravefend, 
 where there was an Impofition , that every one 
 which landed at Grwoefend fhould pay a Penny to- 
 wards the Reparation of the Bridge, and good by 
 the better Opinion of 1 1 H. 6. this By-Law is not 
 again ft the Rules of Law, nor the Prerogative of 
 the King, nor the Benefit of the Subjeft. For by 
 the Stat. 4//. 7. c. I J, 16. that the City oi Lon- 
 don is Confervator of the River of Thama from 
 Staines to Tt aland in the County of Kent. Alfb 
 by the Stat, a 8 H. 8. c. it is ordained that the Ri- 
 ver (hall not be ifopped ; ErgOy this By-Law is for 
 the better Execution of thole two Ad:s of Parlia- 
 ment ; and ic is for the Benefit of the Subje(5l, be- 
 caufe before none could land any thing there with- 
 out Danger, but now by this means the Rubbifh is 
 clcanfed, and a Stranger fhall have a quick and ^fe 
 Return ; and the Penalty on the Cloth as 5 ^ep» 
 is a ftronger Cafe than this, becaufe the Dock hath 
 continual need to be cleanfed. 
 
 Thar this is not a good By-law, becaufe it is a* 
 gainft the Common Law, the Weal Publick, and 
 againft the Liberty of the City ir felf, by the Coun- 
 cil 6Jac. it/Wa? ordained, that as well Cicizensas 
 Strangeri fljiould pay, and the King could not grant 
 
 it 
 
 ii7
 
 II g Cfjc Lalu of Co^poMtiono?. 
 
 I'r ro rhe City, for it is an Impofition not allowed by 
 riie Law ; Hrft sgainft Citizens, becaufe tho the 
 Tax may be lor the general Good of the City, yet 
 it cannot be impofed or Taxed upon particular Per- 
 (bn. AUothis Dock was never repaired at the gc- 
 ntral Charge of the City, but by thp particular 
 Ward of Baynards Ccftle. Alfo the Citizens of 
 Lotulon lln!lnor pay Toll in any place o^ Englatid\ 
 and here the Dock ihnds upon the Pal|ig€ of the 
 City, and every Wharf is as a Gate of the City, 
 and therefore they may as well impofe a Tax upon 
 everyone which goes out of any of the Gates of 
 the City (which is unreafonable and againft Law) 
 as out ol this Wharf. Alfo here is no certain Profit 
 to the City, but this Taxation is farmed lor x i years 
 for JOTb-a year to the Ciry, which if it were a 
 general Charge there ought to come fome general 
 Benefit by it to the City,. It is not like to the Cafe 
 of J Re^. 61. becaufe that was for the general good 
 of the Realm, and in the furtherance of the Exe- 
 cution pf divers Statute?. In 29 EltZj. in B.C. it 
 was ordained by the Common Council, that none 
 (hould u(e any Sind in the Ciry, except it were 
 taken out of the Thames, and it was. adjudged to 
 be againftLaw, and the Mayor's Officer was com-.' 
 mitred to Prifbn. And this Dock did heretofore be-: 
 long to the ArchbiOiop of Canterbury , and hath e- 
 ver been free, AKo the AfTeffment is to be levied, 
 and continue zl years together, which is Unrea- 
 fonable ; and it hath been adjudged here that an Af- 
 feflment levied for ii years for Reparations of a 
 Church was not lawful. Note^ The caie of dig- 
 ging of Sand was not good, becaufe thereby a Man 
 was prohibited to u(e his own Inheritance, Tcr. 
 Mich. Ann. 7. Jac. i. B.R. 
 T^T" j' ..^ H. 6. Granted to the Corporation of Dyers in 
 f.ricifitre of a I'OndoM power to fearch, (y'c. and \i they hnd any 
 Sobj«fi8 goods Clot-h dyed with Logwood, that the Cloth fii-ill 
 by a Chirtv-r, be
 
 be forfeited. It was adjuged, that by a Charter no 
 Forfeiture can be ma"de of a Subjects Goods. 
 
 A Corporation regularly cannot impofe de novo 
 a fmall payment on the People. But by help of a 
 Cuftom or Preicription, for it, as in London^ it may 
 be good ; and fuch a reafonable Ordinance maybe 
 made, and a Penjalty or Fine (et that is reafonable 
 for breach of it, land appoint that there fhall be a 
 Diftrefs taken, or Adlion of Debt broughr for it ; 
 this may be good. 5 Rep, 63. 
 
 But they cannot annex Imprifonment, noraFor-Nor Imprifon. 
 feiture of Goods bought or Ibid, for this is againft '"^''f' 
 Law. 
 
 The Company of Merchant- Taylors in London Mcrchant-Tay- 
 made an Ordinance that every Brother of the fame °"* 
 Company that (hall put any CJoth to be drefled by 
 any Clochworlcerj not bting a Brother of the fame 
 Society fhall put the one half oi the fame Cloth to 
 fome Brother of the fame Society that doth exercifc 
 the Art of Cloth working under pain to forfeit 10 /. 
 and to diiirain for it. It was adjudged void and 
 againft the Liberty of the Subbed:, that one may 
 put his Cloth to drels where he will, and may not 
 be reftralned f rom it. 1 1 Rep. the Cafe of Mono- 
 polies. 
 
 The Common Council in London ordain, That Bricklayers, 
 the Bricklayers fhall not be Plaiflerers with Lime 
 and Hair, but with Lime and Sand, under pain ^o^lf^^^^ ^°^^ 
 forfeit 40 s, and that the Lime and Hair'biplongeth f)oub,s ' 
 to the Plaifterers. This was refolved by the Court 
 to be a good Ordinance ; for it is for the ordering, 
 and nor for the deftru6tion of Trade ; for (foi' any 
 thing appeareth) it is indifferent to which of the 
 Trades it doth belong, and fo the Ordinance doth 
 bur determine theQueftion amongfl: the Companies. 
 
 Goodter 1 1 j^rfc. B. R. brought Trefpafs againft Selimg of 
 Shaw for an Alfault and Battery, and wounding of Locks in i>«r- 
 his Servant, and taking i x plate Locks. Defcn* * 
 
 dane
 
 no COe KLoio of €o^po?nt(oii0* 
 
 dant plrads Not Guilry, as to AfTaulc and Battery 
 an4 Wounding, and as to the taking the Locks away 
 he pleads a fpccial PW of Juftlfication by virtue of 
 Letters of Patents of Incorporation granted to the 
 Lockfmiths of Durham, by Cnthbert Bifhop of Dur- 
 ham^ who had Jura Regality within the County 
 Palatinate of Durhanty and that by virtue of this 
 Charter the Locks not being good, he, as Warden 
 o\ the Company did rake them. To this Plea the 
 Plaintiff demurred, and (hews for Caufe, that it ap- 
 pears not by the Plea that the Blackfmithsare a Cor- 
 poration created by the Bifhop ; but only that the 
 Cuftoms uftd amongft them, in order to the regu- 
 lating of their Trade were confirmed by the Bifhop, 
 which doth not make them a Corporation. Flo. 
 fo. J 99. and Long ^to. fo. 40, 41. x. It doth not 
 appear by the Charter that they have any Authority 
 to take away ill made Locks ; and by KolU C, J. it 
 dorh not appear that any Order was made by the 
 Corporation to take away the Locks, and therefore 
 it was done without Warrant, though the Corpo- 
 ration had fuch a Power. But befides, it will be 
 very hard to maintain the Lockfrnirhs to be a Cor- 
 
 What will not poration, becaufe the Bifliop confirmed their Orders. 
 
 amount ro a Judgment fro ^er. Stiles Rff. 29S. 
 
 Corporarion, A By Law was made to this purpofe, That Com- 
 
 modities be (old on the Market-day in publick, and 
 not in Private or Secret, and it feems to be good ; 
 and noPrefcription againfi it fhall be admitted good. 
 For in London this Ordinance was made, That if 
 any Citizen, Freeman, or Stranger, that is within 
 
 R/ t 11 h ^^^ ^^''^ ^'^y ^^'^ P*^^ ^"^ Broad-cloth to fale with- 
 ■ in the City of London, before it be brought to Black- 
 well hall to be viewed and (earchedj fo that it may 
 appear to be vendible, and before there ht i\.d. 
 paid for Hallage for tvery Cloth that he (hall for- 
 kit 6 ». % d. and that the Chamberlain fhall have 
 his Adlion of Debt, adjudged good. 
 
 The
 
 Cfie %m of Co^po]dtfon^. ^21 
 
 The Corporation o'tSz.AlhanSi when thcTcrrii 
 ivas to be there, rated all the Inhabitants and Bur- 
 gefies a fmall Sum to build Courts, and ordained. 
 That if any BurgefTe refufed he (hould be Impri- 
 foned, adjudged to be naught, but refblvcd they 
 might have infli(5ted a reafbnable Penalty, and ap» 
 pointed it to be levied by Diftrefs, or that an A6ti- 
 on of Debt might be brought for it. 
 
 I • The Ciry of London made a By law, that none ^^^ ^^ ^^^ 
 of fuch a Trade ihould take to his Apprentice the Appreiiricc of 
 Son of an Alien, and if he did, that the Obligati- 1'"*^ Sou of an 
 on and Covenants made between them (hould be ^''^"* 
 void. It was adjudged a void Order, and that the 
 Covenanrs and Bonds binding that Apprentice ^ere 
 good. Dogrell and Powked, 57 Eltz. 
 
 An Ordinance made by any Mafter, Wardens, Oidinanca re- 
 or Fellowfliip of any Craft, Guilds, or Fraternities '^raiMing Ap- 
 that every Apprentice fhall pay at his firfl: Entry P^«nf>«s thac 
 into the Common HaJl into the Wardens of the ^^^.^ ^|^'f^ 
 fSme Fellow ftilp for his entry into his Fellowfhip 
 above z s. 6 J. or for his Entry when his Term is 
 expired above 5 /. 4 </. is againft Law, by the 
 Statute 19 H. 7. 7. ilH.S. 4. a8 H. 8. 5. So 
 an Order that they (hall not fet up after they have 
 ferved their Time, and are Freemen, or open any 
 Shop, Houfe, or Cellar as Freemen, without the 
 Agreement or Licence of the Mafter, Warden, or 
 Fellowfhip of the Company. This Ordinance is 
 void by the Stature of 18 H. 8. c. 5. So it is if 
 it be that every fucK Apprentice (hall make Oath or 
 Entry into Bond, to the Warden, df'c not to fee up 
 Shop otherv/ifc. iB H. 8. f. 8. 
 
 Upon Habeas Corpus lr<;m hJewgate the Sheriff Forei^alUnjg of 
 retorned, that the Cuftom of rhe City was, If any ^''^• 
 Freeman hath Foreffalied any Fifh coming to any 
 Market within the City, and Complaint thereof 
 made to the Court of Aldermen, and he appearing 
 there and confciHng the fame, and they ordain, he 
 
 ftiall
 
 1X1 
 
 Imprifonment, 
 not for [lie 01- 
 fence but for 
 fbc Contempr. 
 
 In what cafe 
 Imprifonment 
 by a Corporati' 
 on ishn^ful. 
 
 Scavage. 
 
 Debt for a Du, 
 ty growing on 
 a By-law. 
 
 Cbe taU) of Co^po^ationsJ* 
 
 fliall deilll from fuch Foreftalling, and he will not 
 promife to obey, bur declares in Court that he will 
 not obey rheir Orders, that the Court, time out of 
 Mind, had ufcd to comniit*/uch Freeman until he 
 fifrnifies to the Court that he would conform himfelf. 
 Ic was objeclcd that rhis Cuftom is nor good •, tor 
 a Cuftom to commit a Man forForeftalling is void, 
 efpcciuHy to remain wiihouc Bail or Mainprize. 
 This imprifonment looks in the face ot Magna 
 Cbana, which (airh, Nullus Itber Homo imprifone- 
 tur^ (Nrc. In all Olleiiccs hnablc the Imprifonment: 
 is only till the Fine be paid. Brook Tit. l/»prtfon- 
 ment lOO. But it was fiid, and the Court ieemed 
 to agree, that this Imprifonment is not for the Fore- 
 ilalling, but for the Contempt to the Court ; it is 
 returned^ that he declared he would not obey their 
 Order, Per T-wijdev^ It rouft be allowed that they 
 have fuch power, for they are a Court of Record. 
 Langbam was committed for refufing to rake the 
 Oath ufually adminiilred to Sheriffs, and refblved 
 to be good, becaufe it concerned the Government. 
 
 The Ciry hath the regulation of 1 rade and Or- 
 ders made by them^ that one Man fhall not ufethe 
 Sign of another, and for the diftinguiihing of 
 Trades (that is to (ay) the Plaifterer : fhall not ufe 
 the Trade of a Brick'layer, and fuch like have been 
 good. I Ventr. 115". The Cafe of the City oi Lon- 
 don and Coates. 
 
 Debt was brought for a Duty accrewing to the 
 City for Timber imported, called Scavage. 't'he 
 Defendant rendered his Law, but the Court over- 
 ruled the Wager of Law ; for the Duty it felf is 
 by Prefcription, and that confirmed by A(5t of Par- 
 liament. Debt for a Duty growing on a I3y-law, 
 if the By-law be authorized by Letters Parents no 
 wager of Law lies, i f^entr. z6l. MayorandCom- 
 ijionalty oi^ the City of London againfi: Dupefhr^ 
 io is the City of London againll Gort. 
 
 Jfumpfif
 
 ^Ije Xntn of Co^pojatiaiijU* zz} 
 
 jijfttm^fit was brought for the Duty of Scavage, 
 aiiti declared upon the Cuftom of London^ (hue 
 every one that expofeth foreign Goods to Sale, 
 v^'hich had been entred at the Cullom-Hciilr, fliall icav:gc. 
 pay Co much for fhewinpj of them ; the Action lies, 
 tho the Cuftomsare contirmcd by Parliament^ and 
 Co a Duty on Record. For Aflignee of Coin- 
 mlHion of Bankrupts may bring yijfump/if, and ye: 
 the Debt is aligned by Act of Parliumenr. i- 
 
 By-Law in London^ that there Ihall be but 240 The number of 
 Carrs allowed to work within the City, provided ^^^^^'^"^ '" 
 that all Perfons may fend rheir own Carrs to the 
 VVhari?, &c. and carry Goods in their own Carrs 
 from the Wharfs, except (iich as fliall be Traders 
 andRetaylerS in FueI,good By-Law,and the Cultom 
 fliould be aUedged in the Plaint; for Cufbm may ^™ JJ^J^ 
 create a Monopoly, as the Cafe in the Regifter is, , 
 That none fhall exercife the Trade of a Dyer in 
 Rippotf, without theAfchbifliop of T&r^'s Licence. 
 Eut the Court doubted whether this were a reafbn- 
 able Bylaw, becaufc it would reftrain the Wood- 
 mongers from bringing the Wood home in their 
 own Carrs i fo that rho they brought it in the Coun- 
 try Carrs as far as the Liberties of the Cky, they 
 mull: then Unlade and put it into the City- Carrs, 
 which would be great Inconvenience, i yenir. 96. 
 Eradnox's Cafe. 
 
 A Certiorari to the Mayor, Jurats, and Commo* p[ri„(f,elfia. 
 nalty of the Town of ti'tncbclfea^ to remove aa 
 Order or Decree made by them, they return that 
 the uiid Town of Wmchtljea hath been, time out 
 ol: Mind, incorporated by- the name of Mayor, 
 Jurats, and Commonalty ol li^intheliea, thutallthe 
 
 Cinque Ports, by realbn of their licuation upon, 
 
 or near the Sea fhoirs^ have, and ougiit to keep \^^ 
 
 Beacon?, Watch- hou(«.s and Guard, Night and Day j - rr 
 
 and for the better niaintenance thcteaf, the laid 
 
 Xowa
 
 Oxen. 
 
 124 €f)e Laui Of Co^pd^atidncl; 
 
 Town of JV. at their Common- Hall ufed to makf 
 Taxes, Rates upon every Inhabitant and Occupier 
 of Houfc and Land, lying within the laid Tov/n, 
 or Liberties rhercot, that i Mj. ^x Car. 1. They 
 made a Tax ot 6 d^ per Pound for the niaintenance 
 of the fald Beacofis and Watch- houle, according to 
 a Schedule annexed to the faid Tax, and that thcr6 
 was 110 other Order made. It was objefledv That 
 is not fet forth, that the faid Beacons and Watch- 
 houfe were in Decay, and fo the Rate needlcft. 
 But per Cur. It is well ertough. For; I. It would 
 be dangerous to exp<e(5t till they canis in Decay, 
 upon any Invafion. 2. It fhall not be prefd- 
 med that the Inhabitants Wbuld Tix themfelves un- 
 necefTirlly, and they all concur in the Taxation. 
 Raym. 448. The Cafe of the Town of fVincbelfea. 
 
 Ancient Charters granted to the Unirerfiry of 
 
 Oxford, a Jurifdi6lIon tam in Laitos ejuam in alios\ 
 
 Bylaw aeainft ^"'^^ By-law was made aoo Years /ince againft 
 
 Night- walking Nlght-wallcing, with a Penalty of 405. upon the 
 
 Offender, and a Townfman was found at 9 Cloclc 
 
 walking the Street. Scroop moved for i Prohiblci- 
 
 By laws nor to q^. Per Cut. without an A^ of Parliament, oi- 
 
 obllffe thofe r n r • -• r^ • ■ i - 
 
 whicli ar exprels rrelcription, a Corporation cannot make a 
 
 of their Body. By- law to bind thofe which are not of their Body. 
 
 X (^tntr^ 5 ;. Dodii^eWs Cafe. 
 Butcheit. The Corporation of Butchers In Londoii was con- 
 
 firmed the ^ yac. by which they had Power and 
 Authority given them to make By- Laws and Ordi- 
 nances, they did afterwards ordain, That no Butch- 
 er, or Perfon being a Stranger, fhould fell any 
 Veal within the City of Drndon^ unlels they did* 
 drefs the Kidneys ot their Veals, as the Kidneys of 
 Sheep were drelfed, and that if they did otherwifc, 
 to forfeit every time 6 d. and if they refuted to pay 
 Strtngers not j^ ^^^^ ^^ j-y,.f^,jp ^^^ Y^^,_ p^^ ^^^ ^ Stranger is 
 bound to rake , , , • r • ^ i- 
 
 notice of the "°^ bound to take notice or a pnv^ate Ordmancc 
 Bv-law, made by the Butchers in theli' Corporation/ alttei^ 
 
 of
 
 C&e laui of (!ro?poMtioii0^ ny 
 
 of an A(5l of Parliament. This By-law is not 
 good to bind Stranger, but the lame had bten good 
 if made to fupprefs Fraud, or any other general In- 
 convenience ufed by a Foreigner, as Corruption 
 in the Sale of rheir Meat, and then they ought to 
 fake notice of the fame, i Buljlr. 1 1_, 12. Franck- 
 liJt and Green. 
 
 A By-law in London, that there fliall be but ^y-'**' f° P'-' 
 420 Carrs to be put to Hire in London, and if any ^""^ ^ f Trades 
 more be ufed,theOwners fhall pay 40 s. Per Cur. It's 
 a good By-law ; for tho they cannot reftrain Trades, 
 they may prevent the excrefence of them, which 
 
 will make a Nufance, as the multitude of Taverns „ ^ . 
 
 JAIL/- ir 1 n. • I Reltramt as to 
 
 and Alehoules J alio they may reltram them as to ^^^ -^,^q ^f 
 
 the place of Trade ; as that a Butcher fhall not have Trade. 
 a Shop in Cbeapjide^ and a Procedendo SiW3.rdQd. Sid. 
 284. VUyer and Jenk'in. 
 
 The Cullom oi the City of London is. That the Aflsof Council 
 Mayor and Aldermen, and four Perfbns chofen out in Loadotj. 
 of each Ward by the Commonalty, may make 
 Ordinances which they call A6ls of Common- Coun- 
 cil, and they fhall bind every Citizen and Freeman, 
 and all their Cuftoms are confirmed by A6t of Par- 
 liament. 5 Leon. ^4> 
 
 Q^ CAP.
 
 ii6 Cljc taiu of Co^po^^t{on0. 
 
 CAP. XV. 
 Cuftoms of the City of London. 
 
 They cannot try fuch Cufloms as diriBly concerntheir 
 own Corporation by their own Ctrttficate. Cuftcm 
 as to Quten-hyth. The. nature of the Certtjicate 
 hy which they try a Cufiom. Hawkers. tVhat 
 Cujtom of London is tryable^ per Pais. The Cufiom 
 of taking Recogntz,ances. The Courts are bound 
 to take notice of the Cuftoms of London. Contri- 
 bution by Sureties. Citizens of London ought 
 not to he impleaded in real A^ions^ but m their 
 own Courts. Pleading. Lands in London pafs by 
 Bargain and Sale^ without Inrollcment. Cujlom 
 of London as to popping Lights by Budding. 
 The Cufiom of London as to Innkeepers feUtng 
 their Guefis Horfes. Cufiom of London as to 
 Gutters. Unity of TnjJ'effion. The Lord Mayor 
 a Jufitceof Feacey cannot imprifon without fliew- 
 ing Cau/e. Vrefident of Declaration for fiop- 
 fing Light, and the Cufiom of London pleaded. 
 The Cufiom of London as to Prifage of Wines. 
 Dezfife of Land in Mortmain. J he Cu(tom as 
 to meajuring of Coals, Srat. 5 Jac. c. I 5*. Of 
 Relief of poor Debtors, 
 
 REgularly the Cufloms of London (hall be 
 certified by the Mouth of the Recorder. 
 This Privilege of London is to be under- 
 lucn '--""""■' ^QQjj qJ^ f^ch Cuftoms as are of the nature of Local 
 asrfiic^ily con- i- r £ i /-• 1 11 
 
 cern their own Laws, pecuhar Laws tor that City, general to all 
 
 Coi poration by the Citizens, differing from the general Law of the 
 
 their own Ccr- Kingdom ; as the Cuftoni of foreign Attachment, 
 
 titote. . an^ the Cufiom, that if a Debtor become Fugitive 
 
 he may be arrefled before the day of Payment. And
 
 CO e lalu of Co^pojatf oiijr; 127. 
 
 y Rep. 81. If one Citizen be indebted to another 
 in a finglc Contra£l it fhall be equal to an Obliga- 
 tion. And as the Cafe of Oxford was 1 1 Edw, %^6. 
 it was pleaded, That the Cuftom of the Town was, 
 that if aMan had pofTciTion of Lands by 4oWeeks,he 
 could not be put out but by the King's Writ j where- 
 upon the other would have taken Iflue, no fiich 
 Cuftom. But it was refblved that this being the 
 Law of the City, was not to be tryed by Jury, but 
 by the Judges as matter of Law ; and the Reafbn 
 is, The Judges of every Place are fuppoied to have 
 knowledge of the Laws of the Place, whereby they 
 do judge, and to have Cuftomaries amongft them ; 
 and therefore in Suits in their own Courts do deter- 
 mine them, as the Judges of the Common Law do 
 in the King's Court judge the general Cuftoms of 
 the whole Kingdom being the Common Law. And 
 lb in London, by fpecial Privilege they certifie al(b 
 their Cuftoms of this nature into the Kings BencB, 
 which other Towns do not. But their Cuftoms, 
 even thofe which are their Local Laws, are tryable 
 by Jury, if they come to ifTue in the King's Courts, 
 N.ow Day and Sa'vage his Cafe was, 
 
 in Trefpafs for taking away a Bag of Nutmegs. 
 Defendant pleads, The City of London is an anci- 
 cpt City, &c. and that the Mayor, Citizens, and 
 Commonalty had been, time out of Mind, a Body ^^^"h^^' 
 Corporate, and felted of a Bank or Wharf in JLo«- 
 dofty called ^een-bythci and had ufed to have and'i'^^" 
 take for Goods laid upon the faid Wharf, to be coii» =■' 
 veyed thence by Water, of Perlbns not lawfully 
 thereof difcharged, i. for every Porters burden ; 
 and for default of Payment to diftrain, by a Perfon 
 to be appointed, and fo (liew the Matter, and that 
 he was appointed Coiieftor. Plaintiff replies, and 
 confeflethall the Bar in general, and faid, that with- 
 in the faid City there was, and time out of Mind 
 had been a Cullom, that all the Freemen had been, 
 Q^ % and
 
 and ought to be difcharged, d^c. and averred, that 
 he was a Freeman ot the f.tiJ City : The Defen- 
 dant faid there was no (uch Cuftom within the laid 
 City, Et hoc parattts eft njerificare ubi id^ tjuando 
 a^ prout Curia confideraverit ; and then adds a fur- 
 mife thu?, Su^er cjuo pr^d* Jchannes Savage duit 
 qmd m Ctvitatc pradi^la, There is, and time out 
 of Mind hath been a Cuftom, That when any Ifliie, 
 d^c. upon any Cullom of the i«iid City is joyncdj 
 thothe Mayor, Commonalty, and Citizens are Par- 
 ties to the A6lion, the Mayor and Aldermen have 
 iiied to ccrtifie to the Juftices the truth oi fiich Cuf- 
 tom, and prayed the King's Writ to the Mayor and 
 Aldermen to qertiHe the truth of fuch Cuflom, C^c. 
 Plaintiff faith, T hat the faid iflhe ought to be tryed 
 by Jury and not by Certificate. 
 
 Per Cur. The Cuftom is not to be trytd by 
 Certificate, i. This is rather a Prefcri prion than :i 
 Cuftom, and a matter of Difcharge. 2. Its no (ucf) 
 Cuftom as is within the reafon or meaning of that 
 fpecial form of Tryal per Certificate, bccaufe its 
 not of the nature ot Local Li^s^prout fupra. And 
 this concerns the body Corporate of the City only, 
 and the place Queen-hyth only, and not iur ail the 
 Citizens perfbnally, as all the Cuftoms in the na- 
 ture of Laws are. 3. Its againft natural Equity to 
 allow them their Certificate, wherein they are to 
 try and judge their own caufe. 
 tine xiiwrl of Note, The Certificate is no judicial A61 but Mi- 
 the Certificate, nifterial, and if the Certificate be falfe, the Party 
 fhall have his Remedy by A6lion of the Cafe, and 
 that not againft the Recorder, but againft the May- 
 or and Aldermen ; for it is their Certificate by their 
 Recorder, and (b is the Pleading and Surmile; and 
 the Writ to certifie is a Warrant to them which 
 takes away ones Defence made againft their Parti- 
 ality to themfelves, that they did not certifie, but 
 their Recorder. Hob. 85, ^(5, 87, And Smith^wd 
 Haficocki Cafe was (0 adjudged. Tiel-
 
 Cbe /Lalu of Coipojatioiiis. 2.19 
 
 Trefpafs was brought by J. againft B, for taking 
 of certain Goods ; the Defendant pleads, that there Hawkmg, 
 is a Cuftom in London, time out of Memory, that if 
 any bring Goods, area London to fell, not having 
 any Shop in any Place within the City which they 
 tall Hawking, that then he fhall forfeit thele Goods 
 to the Mayor, Citizens, and Commonaltyj and tor 
 that the Plaintiff brought thcfe Goods, circa the 
 City againll: the Cuftom they fcifed them. The 
 Plaintiff replies there is not any fuch Cuftom ; this 
 Cuftom cannot be tryed by tlie Mayor and Alder- 
 men, by the Mouth of their Recorder^ but fer Pais ^^j^^^ cuftom 
 becaufc they are part of the Commonalty of the tryabic Pir 
 City, and ib are to have benefit of it^ and they fhall Pais. 
 not be Judges in their own Caufe. i Rol. Abridge 
 5*8 1. But Hawkers are allowed by Licence pr 
 A<5t of Parliament. 
 
 K. was bound to //. in a Recognizance of 200 /. 
 before the Mayor and Aldermen of London in in- 
 terior i camera de Guild- hall London, upon which 
 Recognizance h. brought a Scire Facias before the Qf taklnc Rs- 
 liiid Mayor, &c. in exteriori camera, and there had co^ nizatxce. 
 Judgment to recovery upon which recovery he 
 brought this A6i:ion in C. B. Defendant demurs 
 on the Declaration, becaufe he hath not alledged 
 that the Mayor of London hath Authority by Pre- 
 fcription or Grant to take Recognizances; and if he 
 hath not, then is the Recognizance taken coram non 
 Judtce, and fo void. Ter Cur. we well know that 
 thofe ot London have a Court of Record, and every 
 Court of Record hath Aurhoilty incident to it to 
 take Recognizances for all things which concern 
 the Jurifdiaion of the faid Court, and which arife Court j bonnd 
 
 by reafon of matters there depending. And in '^°/^'^^ ""'""^ 
 •' r \. r~ r 1 rr • i j , of the Cultoms 
 
 many cales the Courts or the King are bound to take ^^ i,,irtd<in 
 
 notice of the Cuftoms of London, and that they of 
 
 London have a Court of Record: for if a ^0 War- 
 
 rantQ iflueth to Juftices in £_;rfi,it behoves not them
 
 ^3 ^ ^6^ 3Lato of Co^po^^tlonJ?. 
 
 of London to cYd'im their Liberties, for all Couitsot 
 the King are to take notice of them, i Leon. 184. 
 Hollwgibead and King. And (b is Offley and John- 
 font Cai'e, They were bound as Sureties with one 
 
 Contribution. ■^' ^^ ^- ^^^ recovered againft yobnfcn in London^ 
 and had Execution againft him ; and now Johnfon 
 fued 0/^e/ to have of him Contribution to the faid 
 Execution, ut uterejue eorum oneretur fro rata ac- 
 cording to the Cuftom of London. Offley removed 
 the Caufe by Privilege into B. R. whereupon came 
 Johnfon and prayed a Procedendo 5 and bccaufe up- 
 on this matter no A6lion licth by the courfe of the 
 Common-Law, but only by Cuftom in fuch Cities, 
 tfe« Caufe was remanded, otherwise the Pialntitf 
 
 ^ fhould be without Remedy. Lil;. Int. 160. l Leon. 
 
 Citizen ought J" a Writ of Entry fur Dift'eifin, the Tenant 
 not to be im- /aid that the Houfe in demand is within the City of 
 pleaded in real Lcndcn^ ard that the (aid City is Anticfua Civitas ; 
 
 Adions, but in and that King H. 0. conceljit civtbus Civitai pra- 
 their own , ,,5 7 ^ ; • ■'■' , ^ . , ^ '^ 
 
 Courts. "'^^ ^^^'^ ^^^ tmpaciteKtur de Terns O' lenemen- 
 
 til futi extra muroi civitatis fradttt"*, and further 
 fiith, That he himfelf is ciuis London^ &zc. and de- 
 manded Judgment of the Writ. The Tenant plead- 
 ed Jed this reef um teneatur intra civitatem pradtif 
 fecHndum confueiud^ civitatis pradi^. Exception 
 to the Plea was, That the Tenant fhews not before 
 Pleading, whom, by the Cuftom they ought to be impleaded. 
 Per Cur. the Tenant ought to have fhewcd, That 
 the Citizens for their Lands ought to be impleaded 
 in the Hujling^, &c. 5 Leon. 1 48. 
 Lands pafied ^7 ^" Exception at the end of the Statute 17 H.%. 
 by Bargain and oi Bargain and Sale, Lands may pafs at this day in 
 Sale, withouL London by Bargain and Sale by Word^ without 
 JnroJlmcnr. Q^^d, for it is out of the Statute. 
 
 Mi'untagus Sergeant and Recorder of London , 
 certified the Cuftjm to be, That if one bring an 
 \iotk to ail Inj], and leaves him there, and goes 
 
 his
 
 ^j)Z ILalu of Cc^po^atiottiS, ^3 ^ 
 
 his way, and the Horfe eats up more than his Price, The Guftom of 
 by iheCuftom of Lom'on the Innkteper may fell f^t^'c^ cd 
 this Horfe to pay himfelf (but not if the Debt ],"g"he Gucfti 
 wer<^ for other Horfes.) And if one do bring many Horfe. 
 Horfes into an Inn, and afterwards rakes all of them 
 away but one, the Innkeeper cannot fell this one 
 Horfe for payment of that wliich was due to him 
 for the other Horfes, by the Cuftom of London^ 
 notwithihnding that the Debt did amounc to more 
 than the price of this Horfe j but every Horfe by 
 the Cuftom is to fatisfy the Debt due for his own 
 Meat only, i Bul(tr.2o-j. Moffe and TownfenJ. 
 
 The Cuftom of the City of London'is, That ^u/jg^Qf ^g^; 
 where an ancient Houfe hath been, that there upon don as to flop- 
 this old Foundation by the Cuftom he may build pi"_g Light by 
 and ftop theadjoyning Lights of another, and ju- Building, 
 ftify it in Plea. But becaufe the Defendant did 
 not fet forth in his Plea, that be did eredt this his 
 new Building upon the old Foundation as he ought Pleading, 
 to hive done_, Judgment was given for the Plain- 
 tiff. I Btilfir. I If. Hughes QX\d Key mi^]. 
 
 But the Cuftom of a City, which enables Men 
 to build upon a void piece of Land, where there 
 was not any Houfe before, by this to ftop the Lights 
 ol his Neighbour is altogether void, and io it was 
 adjud</ed in Mofely and Blands Cafe, cited in Al- 
 drtd's Cafe, fuch a Cuftom being alledged in the 
 City or Tork. 
 
 The Plaintiff declares of flopping three Lights, OF flopping 
 by building in the Yard of the Defendant, &c. Lighrs. 
 The Defendant juftifies the total ftopplng of two 
 Lights, by reafbn of a Cuftom of London y (^c. and 
 of the ftopplng of the third Light in parr, and this 
 by the Cuftom of London alio, and concludes ahfcj', 
 hoc^ that he is guilty altter vel alio modo. Plaintiff 
 demurs, i. Becaufe the juftlfication in part of one PUuding. 
 of the three Lights is uncertain ; for the Court can- 
 not know in what part of the Light, viz,, Eaft ward 
 0.4 or
 
 ^}^ €fte Lata of Co^po^atioitJJ. 
 
 or Weftward, and without the Defendants' fhtwing, 
 ^. Becaufe the Declaration of the Plaintiff is not 
 anfwcrcd as to the third Light ; for the Plaintiff had 
 fupp'jfcd totum Lumen ^ Aer to be ffopt in three 
 leveral Lights; and the Defendant anfwers not to 
 the flopping the third Light, but in part, and fb 
 for the other he confcUcs himfeif Guilty, and his 
 Traverfe isidle. For if he docs not juflify all he is 
 guilty in all ; as this ci(c is he ought to have pleaded 
 non cur to part, and (hewed what parr, and made it 
 certain by Bounds, and have julfified for the reliduc ; 
 and fo Judgment fro ^er. Rol. zl^. JSIeivball 
 and Bernard. 
 
 fiu"er» If the Cuflom of London be where two Tenants 
 
 are adjoyning, and the one had a Gutter current by 
 
 leS°^ ^^^ Tenement of the other, which he may not 
 
 flop, Unity of PofTeffion Chall not cxtinguifh this 
 Cuflom,but it fhall be revived after they are fevered. 
 For the Cuflom of London extends to all Gutters 
 which are in the Lands of another, and io the 
 CuHom is revived, i RoL AbriJg.<^'i^6. "Jordan 
 and Afwood. 
 
 ^F.brings an Action of Faux Imprifonqient. Defen- 
 dants juftifics that London is an ancient City, and 
 
 Lord Mayor a [{-^^.i the Mayor of London is a JulHce of Peace, 
 
 „ .'" " and that the Defendants were Sergeants of the 
 
 Mace, according to the Cuirom of the City, and 
 that the Lord Mayor, 'viz^. one L. commanded them 
 to arrefl: the Plaintiff for caufes to them unknown, 
 but to him knov/n, and to imprifbn him. It's no 
 good jufiifkaclon, becaufe they only lliewcd that 
 rhey v/ere Sergeants at Mace, dulyEkded, accord- 
 ing to the Cuftom of the laid City, but do not (liew 
 the Cuirom and Authority that they have to make 
 Scrgants, and to arrefl ; and here it is (hewed that 
 tb.e Mayor is a Judlce of Peace, and it doth not 
 appear vhcihcr he did as Jullicc of Peace, or 
 Mayer i and u Juflicc of Peace cannot command 
 
 ■ his
 
 tSDljC LaU) of Coipo^ation^. 133 
 
 his Servant to arreft one in his Abfence without Cannot impri- 
 
 writing. And the Pica is, That the Mayor com- ^^" without 
 
 manded them to imprifon him prelently without '"^*'"S Cau v. 
 
 (hewing any Caufe. For the Judges cannot impri- 
 
 fbn without (hewing Caule j but they and the 
 
 Mayor both may command an Officer to arreft a 
 
 Man without (hewing Caufe ; or elfe he may frame ''"^ 1"^^ ^"^'' 
 
 realons before he is examined, i Broivni. ^o4,^0 5'. ^^^ ^^ ^^.^^ 
 
 Woodyer\ Cafe. Vtde le Cafe Cro. Jac. 8 1 , it is not witliowt Caufe. 
 
 (hewed whether the Mayor was a Juftice of Peace 
 
 by Prefcription or Charter. But the principal was, 
 
 he ought to have (hewed the Caufe of the Imprl- 
 
 fonment, fo as the Court may adjudge whether it is 
 
 lawful or not. 
 
 London ir.T€ccmia^ <S?ccit rjucritur tjc 2la> 
 J cobo Sl^arcl) in cunoij Q^arcfcfj' 
 ^c. |) CO VjiDcC quod cu) ^hkt 5[[f i ante f fup 
 rcptimiun tiicm ^obniib^ija? 311iino Kcgni 
 5I)onl> Car ^cciuiDi nunc iRfgi^sf 3(]ngt ^c. 
 bfcimo fcptjmo ? abinDe fjiicurc^ pofTcfucnaf 
 crifl' tie qiicDnm antiquo sr^rHuagio rum 
 ptin) rdtua^ (J cnRrne in ^^arofl^ia ^m^i 
 23cnnctt <i3jaccc()urc(j in iBatDa l^onri^s? 
 ILontJoS) ^ tcrminotitV!crro^\^nno2' aDriinc ^ 
 atiijnc \in\t\\x Citmq? etiam pDir e 31iicobiiJsr pri 
 fcptinio tiic l^obciiiOrijQf 211 nno fupjaDicf f 
 afeinbc fiHjiifq; poiTcfnonaf fuit (| aDJiuc poD 
 fclTionan!^ txiiiit tJc una alio St^ciTuagio ciD 
 ptincntii.si Tcituat' jafciD ^ crifientc in pa^- 
 roc(5ia ^anctt Hconarbi a^nHcfjeape m lBar= 
 tia Itiici? fjpji:* atjjungcn) ^Dice antiquo filler- 
 fuagio pdicc S^cremic cumq? ^hut Wt^^na^ 
 ^Dict? 5''^f ^'^i ^ tempore f onfeconijQf ^ cDific a^ 
 rionijSf inDc ufc^ pbici" reptimum Diem ^o,- 
 bcnib^i^ Onno fup^atitci' fic cdificae fuit (f a 
 toto tempore cuju^ contrani memo^ia fiomi* 
 iium non cjciHit continuabit f talc fuit at in 
 
 tali
 
 234 C(jc %m of Co2po?ation0» 
 
 tali niotio ufcfi pDice feptinmm tJicni IJobfiti- 
 bji^ anno fiip^aDicto 3;ta tjuoli pDicf iai^ef^ 
 fuag' i^Dicr* 3iaco6i iion im^cbifbat darum 
 Inmcn ab intcanbo in ciilinam parcct pbicti 
 oiuiqui iH^pduagii pti ^ifrrmic cumcR pbicf 
 fcptimo Oic ^oticmb^iiflf annofup^atJitro npuH 
 aiondon pdifc' in pbict* ^arocljia ^ancti 
 *Bcnncti <l5?acfclmrct1 in JDarDa ^tiire $ a 
 toro 'f mpoip filial contrarii mcmo:ia liomi- 
 num non rriftir quctiam fiiit anriqiia frnc- 
 fira in cnlma ^tiice p qnaiu anticiuam Jfc* 
 ncftrani darum lumen ^t)ict a toto tcmpozc 
 fupjatiicto ufcff pDice fcptimum Diem ^o\)nn- 
 bji]^ anno fiip?ai3ict in Culinam p:ctii c in- 
 trare eonfaelnt <$ folebat $ cuUna) iila) iiiU; 
 minafiar p quolJ lumen ^nicf ^'eremie ^ 
 omne^ef a! pccfon' que pjeantea fueiunt S"- 
 j^abiranteief ^ g)o5TtlTione^ ptiire antiqui 
 St^eduagii ^mtt ^jercmic l^abuerunr ^ ija^^ 
 Ijere eonfueberunt maonO) bencficiu) ^ abban- 
 tagium p faJute ecjriobo ^ conbenientia pb* 
 Sleremie ^ fcmctipfo^' ^ eju^ f eo^nni fami* 
 lie ^ famliiarium f Temp abinbc Ijactcnuj^ 
 fjabcre bebuerunt pbict' tamcn 3Iaeobu^ p?e? 
 niifTo^' non ignacu^ef feb macbinanjf ^ mali- 
 ciofc intenben^^ ipfum ^eremiam be eafia^ 
 nientiiS?^ comobitatibucf feneHrc^ iumini^B? 
 ^tjue bep:ibare ^ culinam ilf co) magna ^ 
 fto:riba teneb2orjtate^ obdruere f obfcurarc 
 ipFe ibem S^acohii^ v^ict feprimo Hie l^o^ 
 bemb^nia? anno fupjabicto Et^effuag p:ebici? 
 fPr' abjungcii) pbief antiquo a^eftuag' pbiee 
 3|eremie apub Honbot^ pbirf in pbirf ^aro^ 
 eijia ^ancti ILeonaibi <Ca(lcl^eape in Jl3arba 
 pbiDcta t?ibuint f quobbam nobum ebificiit) 
 abtnnc ^ ibibcm ercrit in tantuni magi;^ 
 qitam antca augnicntabir rppe eulinam pb* 
 quob ratione inbc pbice 2[acobu^ tunc^ 
 
 ibitcm
 
 Cte LaUJ of Co^po^ationgf. 23 s 
 
 ifiibem intic magna parte tiep?i\ja))it $ im- 
 peDibit i^Dicf g[cc' Dc liiminc lilo quoti ante 
 ptiice fcptimum Diem |i)oliemb?i^ anno fii* 
 p^aDicto p tottD tempii^ fup^abice in culinam 
 iUam intrabit ^ ciUinam ilJam illiiininalJit 
 ^ iUuminare (oleDat in f p fcneftram pdice 
 ac culinam illam ratione ptJtce nobi rDificit 
 cum magna $ Ijo^ritia tcne&^ofitne tunc $ 
 iftiOem obfcurabit J oftfirujric 3£c ratione 
 inDe pUice "gdercmiajef a fjMcf feptimo Die 
 |^o\3cmb5ij3 anno fiipwDirto ufq? pjimuni 
 Diem €l^aii tunc ^r' fequcntcm ufi^ Dencficiu) 
 rPficuit) § ContoDitntem culine ^ lumini^ 
 pDice in magna parte pDiDit (f amifit unDe 
 iDem 3!frfmiaj9f Dicit quoD ipFc Dctcrio^itu^ 
 eft f Dampnum fjaDet tjc. 
 
 Sfictio non quia Dicit quoD quiDam Jacob*' 
 IBarrctt Q^ileg^ 13aronett^ ante fcilt p^irn) 
 Die Q^aii anno JJcgni Del) IDni) Hcgi^ nunc 
 Dccimo quinto fuit fcifie De Sl^clTuagio p^inio 
 aDjungcnte a^clTuag' pDice 21^ uremic €t fie 
 inDe fcifif ejrilTeii) p quofDti) articuio*)? figiiio 
 ipriUjff giacobi figillat ^ Ijic in Cur plaf fa- 
 tx.00 apuD SonDoii) pDice in parocijia $ Wax- 
 Da pDice Dccimo Die 9p]ili.i3f anno Domini 
 miltimo fcj:ccn!imo fcragcnmo quinto a* 
 grcatum fuit ini" pDice ^arobii) 2Darrert ^ 
 |Dicf Jacob' £i^arclj moDo % fojma Tcqucnj? 
 bioett quoD 3(|acobu^ 23arrcrt aggrfalTct fa^ 
 cere pfae gacobo lEJl^nrctj €rf cuto^nb^ ^Dmi- 
 nifiirato?' f ^fTignae fui^^ boiiam ^ fufHcicnr' 
 S^imifionem ^Sllnglice Leafe) De tnM0 S!?ef^ 
 fuagii;^ fcifuat? in (^^ncecljurclj fireet cum 
 ptinentiijBf nup in occupacofD riijufDam SlBar- 
 tint ^ l^icfjot ficbcrt^ p termino quaDja- 
 ginC ^ uniuj^ anno2ij)4jafecntl a jrclto ^anrtt 
 Jotjannijsf 25aptifie twnt rPrimo fcquciite p 
 ^ fulj annual reDDie ccntii) ? Decern lib^arum 
 
 icgalijSf
 
 x}6 €:f)c Lain of CTo^poMtioniS* 
 
 \CQCi\i0 nioiiff Cliiglic roi^jenij OSuarteriatim 
 p;ima foltitionc iiKipicniJ Tup fffiinn Diem 
 ^aiirti a^ictjadifi^ %tcbi 2tnno £)ni) millimo 
 fcvccntcnnio firnccfii"^ fcifo ^t fup Jjanc 
 ulrcrio^em Conilbfr qiioU pti giacol)' ai^arclj 
 o^rcfUio: ^Itjauniriraro:' bd ^iTignati fui 
 infra ortoDccim ninifciSf ^x" fcqur iT tcagciret 
 ^ crponctf t fiimma) quiiigcni? lib^ar in nolm 
 cDiftcatiouc niclTuagio?* pbtrf at ijuoD tnnint' 
 
 flOnC^ ('iCngllCC the Scantlings oF Fiir) p tantO 
 
 rcncnuntor pD' quanr* ipfc idem S^, 'Maxell 
 de notio <Stiificae app^ofeari p tma^sf pfona^ 
 qiia0 ipfc pb' 3Iac3baj6f ODAcrctt f pb' Ja^ 
 cobu]0f flt^arcf) elegcrunt ab pporituni iUub 
 
 <2SU0DCB in pfeClltionC ( QCngliCC purfuancc and 
 
 performance) articuloi^- pij gacolJUiflf 23ai*rf tt 
 p gfntientur intcc pb' gacobum "Barrett $ 
 pfae gjacobum anarch ipfc i^fae ^acobu-gf 
 'Barret bimifit pU mclTUas' (inter alia) ^pc 
 menruagio j?fat giercmic abimigcii) pt'ae 
 3ia(? Ht^arcJj a fefto ^antti Sioljanni^ 25a' 
 ptilte tunc ,p):' rcqucii) ante bat Slnbentur 
 ilUiiiSf burantc termino quabpagint ^ unius 
 anno2' Uirtutc cujug quibem bimiffionije? pb' 
 3lacobUi^ a^arct) in melTiiag' pb' intrabit 
 ^ Tiiit inbe poflTcfrionatujtf OSiiob quibem 
 melTuag' tempore quo, ^c. fuit antiquum 
 mtftuag* piirii) (f contiguc abiunGcntl pb* 
 mcfiTaagio jpb* 3|et in narracone pb' fupiiijjf 
 meneona! <lSuobrFi pij fenellra in culina ^tf 
 menruagii ^d gfcrcmic in l^arraeone ^tf 
 mcnconaf fuit conting' abjaceix) ^ alpicicu) 
 ab ufutf ^d mclTuag' ^i gac aaart() pb' fept 
 bie 5^obcmb:ii^ 3nno bedmo Tcptimo fup^i^ 
 biao fuit tjetultii) in betafa Halbe inbigetD 
 ^ncfflTc re cbificari $ tonftrui in ilia parte 
 fie abjacfn) '^ abiunorcii' pi mefTuag' p^ % 
 ibcmcK Sac' uUeriu^ bicit quoti €ibita^ 
 
 Jlcnbon)
 
 ^6e %m of Co?pojatton0. 2,37 
 
 aontJoii) ctt a tempore mju^ contrarii memo? 
 tia l)ominiT) non erifirit fuit antiqua <ffiV)i* 
 rajBf duotitp in ea&em Cibitatc j^abebatuc 
 talirf lautiabiliigi $ antiqua Confuetubo , 
 
 uHtara ^ appjobata bitiett quob fi qui^ Ija- 
 buit mcfliiag bei Domu) in j^b' €ibitate Ion? 
 bon ^pe bel contiGUc abjafeii) M abiungeiD 
 alreri melTuagio ticiiii fui ibibem <iBt ftnt-^ 
 fire bcl iuminar tali^ methagii bel bomi 
 hint a^pkicft) ufu^ alterfi) melTuagium bicini 
 fui fir abjaceiD bel abjungcn) licet Jjujufmo- 
 iii mrfTuag'^bomct) ac Iuminar ^ fenedre 
 iiibc fucrunt antique tamen f)ujufmobi bict^ 
 nujtf a^Pjiftar ^bicf alteriUitf melTuagit fie 
 abinfcii) bel abjungen) p ^ jurta confuetu^ 
 bincm <2ribitai' pti in eabem <Cibitate p toto) 
 tenipu0 pb ufitae vt appjobae bene ^ Jieitc 
 pofcft potuit $ conftieViit ati libitum fuum 
 pbif! fliterum mclTuagiu) fuu) fie abjacen) bel 
 abjiingeii) be nobo fup antiquam funbation) 
 
 (5inglicethe ancient Foundation; in tawta aitV 
 
 tubine ebifif are quane dPPf bomu<J pU fjc be 
 nobo fonftrueiD piacuit furfiD ab ufu;9? f ej: 
 oppcfito pbice Iuminar ^ fenefir bicini fui 
 abjungei!> ^ Iuminar ^ fenefir obfcurarc nifi 
 fit l*fl fuit aliquob fpecinE fcriptum Cftico* 
 grap!)' bel iJeco^ii Conbeti) bel refiricta in 
 fontrar in ea parte jpbicf S* pofiea fcitt eob' 
 feptimo tilt ^o\ytn\h2X0 ^nno becimo fepti* 
 mo fupjabici? apub Sbnbou) j^b in parocljia 
 $ Jl^arba ^b' p f iuxta confuetubinem j^bict 
 pbicc melTUag' in pofiefllonc fua ut pfcrtur 
 fXificfi) pbice mefiiiag' jpbicf Jtx abjungcft 
 birupit C^Englice did take down) ac fup anti* 
 qua) funbaticnem jjpe culina) jpbice ger in 
 narratione pbicf mcntionatam fupec quam 
 jpbiff mefiiiagium pbirt 5!^^ 1^ i^»tea aetif^ 
 fet JDibem in ea parte abjacen ^ abjungeu 
 
 pbitf
 
 138 ^Oe Laui of cro2poMt(on«: 
 
 pbirf niffTungio pli ^iti ^ ptiict friicni in 
 culina pDic! intic aDbcufii.0 $ ex oppofito in 
 nobum mcITuagiun ^ Domuni ibiDcni edifica- 
 Ijit ^ piiibc Umtix pDict* in ciilinn pDice 
 
 rpffiaC fcripto €()iroorap!]o Ijcl He* 
 cojDo conlif ntiojiP \3cl rcfirictionc in fontra* 
 riuni in&c in ca parte tunc M nnquam ante 
 l|ac criUcntc per totum tcmpujaf in narra* 
 tionc pbict nif ntionat rationc intic ftructurc 
 ^t)ut obfcura\)if ^ obftriijrit a3Ut ci bait 
 liciiit € ijoc pararus? cit Dcrificare untie pc^ 
 tit juDici-in fi vl3kt %£x aUotm fnam j^tJict? 
 inbe \)cthi^ mm i)ahtxc feu manutenerc De- 
 fieat, ^t. 
 
 Prifage of Wines. 
 
 King Ed-ward 3. Granted to the Mayor and 
 Commonalty of London, that no Prifage 
 Ihall be taken of any of the Wines of the Citizens 
 of London. G. H. being a Citizen and Freeman of 
 London^ and refident within the City, had four Ships 
 laden within Wine Imported i two ot them came 
 up the 7bames at London, and before Unbulking of 
 them G. H. makes Francis his Wife Executrix,and 
 dies : afterwards the other two Ships came up to 
 London^ the King's Chief Butler demands Prifage 
 for the Wines, of the ^id four Ships, (viz,.) to have 
 of every the [aid Ships one Tun before the Mafte, 
 and oneTun behind the Mafter : And by the great- 
 eft part of the Judges no Prifage ought to be paid 
 for any of the faid Ships, i. Such privilege as G. 
 H. was to enjoy had he been living, the fame Fran* 
 cis his Executor^ hisReprelentative (hall have. And 
 a. It is for the fupport of Trade. But Prifage is 
 not due till the bulk of the Ship be broken, and 
 
 the
 
 €)&e LatD of Co2po^atfiui£f. 239 
 
 the Ship unladen. But a Citizen and Freeman of 
 London that dwells in Briftoly &c. (hall not have 
 this Privilege ; and he muft be a Citizen and an 
 Houfholder too ; and it extends not to a publick 
 and joync (lock of Wines of the Mayor and Com- 
 monalty ; neither (hall it extend to a Citizen and 
 a foreigner joynt Merchants. A Citizen who hath 
 a Shop in London, but Inhabiteth elfewhere (hall 
 pay Pnlage. i Kol. Rep. 148. 
 
 A Citizen and Freeman of London may devife in 
 Mortmain for Lands in Lo»^</«, to a Corporation : 
 but he that is within this Cuftom ought to be Tub- 
 ]&8i to Scott and Lott. i Kol. Rep. 141, i^z. 
 
 Per the Cullom of London no Attaint lies for a 
 Faux Verdi£t given in London* y H.6. ^z. b. 
 
 It is a good Cuftom of London, that the Mayor 
 of London may take Recognizances of any Perfbns Cuflom to rake 
 being of full Age, or Women not married ; for Recognizances, 
 he is Judge of Record, altho the Debt peradventure 
 be due out of London. Chamberlain and Thorp. 
 
 It is a good Cuftom of London, that they have The meafuring 
 always ufed to have meafurage of SeaCoals infra ^^ Coals. 
 Tortum Lond. which extends from Staines bridge 
 tQ London bridge ^ and from thence to Graves-end, 
 and from thence to Tendale-, and all this is the Pore 
 of London. 
 
 Trefpafs of AiTault, Battery^ and Imprifonment, 
 apud ParocU SanSi' 'tJicholai Bafingjireet. Defen- 
 dant juftifies by reafonof a fpecial A61 of Parliament 
 for the relief of poor of Debtors, 3 yac. c. 1 5* 
 That every poor Citizen and Freeman, Inhabitants 
 in London, being fued for Debt under 40 s. may 
 exhibit his Suit in the Court of Requefts in Lon- 
 don, who (hall nominate Commiifioners to the 
 number of ilj and that any 5 oi that Commiffion 
 may (end for any Creditor who is complained of in 
 fuing for fuch a Debt under 40 s. and if he refufe 
 to come, and perform not their Orders, they may 
 
 « cauffk
 
 MO €6c latu of Co?po?ation0. 
 
 caufe him to be aritrttd Ny any Sergeant of Lo»- 
 dortj and commit him to Prifun, there to remain un- 
 til he perform the faid Order ^ and the Defendant 
 faith, That by rcaftm of the command of fiich 
 Commirtioners, at fjch a P.irifh'in IVoodjlreet, be- 
 caulc he refuled to come b-.f mc tliem he was comic- 
 ted to the Compter in IVoodJlreety d^ hoc paratus 
 eft^ .5vC. on Dcmi.'r. i Exception to the Plea, bc- 
 caiife he doth not fhev/ that the Debtor, who com- 
 plained was poor, and a Citizen and Freeman inha- 
 ^^ "'S- biting In London^ othcrwile che Kd[ doth not give 
 
 them Authority to meddle, z. Becaufe the Battery 
 and Impriionment Qy meant is alledged in Varochta 
 San^i"* Ntcholaij and he juftities in another Parifh, 
 and doth not traverfc the Battery and Imprifonment 
 alledged in the Declaration. Cro. Car. )'jz. Owtn 
 and L(Pig. 
 
 Prifage, 
 
 Fiaud to de- "1 'TPO^^ Englifh Billin the£xc/&f^«e?', the De- 
 ceive the King L-J- fendanc in fevcral Veflels laden at the fimc 
 ofPrifage, time it Am/^cr dam , imported into the fame Port 
 herein Parcels, (everal Ships of the Burden of 30 
 or 28 Tuns only 9 Tuns and 3 Hogfheads were 
 imported in each VefTel, and not the Quantity of 
 I o Tuns to defraud the King of Prifage. Per Cur. 
 Ic*s Fraud, and (hall be fo prelumed, being import- 
 ed from the fame Place;, to the fame Place, and at 
 the fame time in feverai Veflels, and configncd to 
 the fame Merchant, and belonging to the fame Ow- 
 ner, unlefs there be fome proofs to the contrary to 
 difprove thefe prefumptions, as that one VefTel was 
 not fufficient to import all, or was almofl Laden 
 before, and the like. fJardr. z i 8. Sir mU.fVatler, 
 iier/uf Tofham df alios. 
 
 Si 
 
 ir
 
 Cf)C Lslu of Co^po^atlost^c X4i 
 
 Sir Willtaw Waller, as Farmer of che Prifagc and Citizens of 
 Butlcrage of Wines within the Kingdom of Eng- ^^"'^'p^/"" ^® 
 /^«^,exhlbited anlnformatioii againilG/ZeiTr^x/er/e, Jj^^^j, imported 
 for that the Defendant being a Merchant, did tali into other Port* 
 die d^ An. import an hundred Butts of Spanifli out of /;^ff</e«. 
 Wine into Briji-cl, and other out-ports, of which 
 Prifage (i/;^.) % Tuns were demanded, and not 
 paid. Defendant pleads That at the time of the 
 Importation of the faid Wines, and long before, ha 
 was, and flill is a Citizen of London ; and that by 
 a Charter granted to the City of London by Ed. i, 
 no Pi ITage is to be taken of the Wines of the Citi- 
 zens of London, but are exempted, the words of the 
 Charter run thus, Et fuod de iftnis ipforum civiurn 
 nulla prtfa fiat per alicjuem mmifirum nofirum 'vel 
 heredum nojtrorum (en alterius contra eorum z/olun* 
 tatem (viz.) de una dulio ante walnm df alio do^ 
 Uo retro malum nee altcfuo alio ntcdo,fed inde ferpe* 
 tuo Jint cjuietf. Q^ Whether Citizens Wines (hall 
 pay Prifi^e, when imported into Ports out of the 
 City. Per Cur. Scaccarii they (haW ; becaufe it is 
 an antient Parcel of the King's Revenues, and m 
 the King's Grant indefinite words do not: import aa 
 ablblutc Univeriality, and the City of London^ 
 which hath a Port of its own of a large Extent, 
 and therefore tho no neesility of fuch Conftru(^l* 
 on, as to discharge them elle where. Hard*'* j j q. 
 
 R CAP.
 
 141 ^8e Latu of Cojpo?at(ou0. 
 
 CAP. XVI. 
 
 of Foreis^n Attachment in Lo?iJo)l 
 
 tj 
 
 The Manner how it may be maJe, and the Trcceed- 
 tn^i in it, and what things art Attachahh or not. 
 The Garment who, and -what be is to do. Of 
 Bail on Attachment. Of Pleading h) the Gar- 
 nipjce. The Money or Goods of a fnfoner m the 
 King's Bench or Fleet how to be Attached. 
 How Attachment may be avoided. Foreign At- 
 tachment in Exeter and Pleading. Whether a 
 Debt owing to a Corporation be within the 
 CujloTK of Foreign Attachment. What Debts or 
 Goods may be Attached by the Cufiom. Of Horfe 
 in Inn- Keepers Hands. Rent. Foreign ^stach' 
 went on Action on the Cafe. Goods not Attacha- 
 ble in the Hands of a Trefpafjor. Debt in a Su- 
 perior Court net to be Attached. Of Attachment 
 of a Dtbt before it is due. Money due on Ac- 
 count or Bond after Tromife t$ pay it, and the 
 Day of Payment pafl may be Attached. What 
 Money not Attachable, as a Debt due to the Te- 
 fiat or Tempore Mortis fua^. Damages not At- 
 tachable. In what Cafe the Attachment mufl be 
 entred again ft the Lord Bi^iiop of London. How 
 Attachment is dijfolved. The Manner for the 
 Defendant in Attachment to dtfprove or avoid 
 any Debt. Foreign Plea. Surmije that the 
 btranger ivho is mdtbted to the Defendant ts 
 within the JurifdicHon. Cujlom of London as 
 f§ fe^Me firing an Hcufe. 
 
 EVERY
 
 EVERY Attachment Is made upon a Plaint How made. 
 in Debt in this manner: A. o-wes B. loo ]- 
 and C. is indebted to A. loo I. B. enters an 
 A^ion again fi A. of ioo\. and by "virtue of that 
 A^ion a Serjeant Attacbetb i o - 1. in the Hands 
 of C. as the Money of A. to the uje ofB. whicb 
 is returned upon that A^ion. The Return muft be 
 within certain Hours, for that another Attachment 
 haply may be made afrer in the Hands of C. ip 
 that C. hath no other way to avoid that other At- 
 tachment made in his Hands but by pleading the 
 former Attachment made as before. 
 
 The Attachment being thus made, let the Plgiin' 
 tifF immediately or before the next Court holdea 
 for the fame Counter fee an Attorney. 
 
 Four Court Days muft firft pafs before the 
 Plaintiff can caufe the Garnilhee, which is C. the 
 Perfbn in whofe hand the Money was attached, to 
 (hev/ caufe why B. Iliould not condemn the ioqL 
 attached in the Hands of C* as the Monies of A^ 
 the Defendant on theA^lion tho not in the Attach- 
 ment (for A. hath no Day in Court) to the uih of 
 B. the Plaintiff; then the Garnifhee C, may appear 
 \x\ Court by his Attorney, wage Law or plead thaC 
 he hath no Money in his Hands of the Defendants, 
 or other fpecial Matter. 
 
 If the Garnifhee refufe to wage Law, the Plairi* 
 tiff may try the Caufe in four dayJ following after 
 the Scire Faciof comes into Court, and may haye 
 Judgment^ then the Plaintiff mufl put in Bail or 
 yhagCf that if the Defendant fhall come within fhe 
 Year and Day, and the Diy next enfuing into the 
 Court, and tiiai he can difchargfi himfcif of tbefaid 
 Money fo condemned in Court, and that he owed 
 nprhing unro the PI lintitr at rhe rime in the Plaint 
 mentioned, the fi'4 Mgriey (hall bt forth-co?jsing. 
 
 R * As
 
 2^4 ^6e tm d Co^pointfond. 
 
 An Attachment may be made for Goods ami 
 Moiicy at the fame Charge, (but the Sum muft be 
 certain) all upon one Attachment, and both in one 
 Scirt bactai. 
 
 An Attachment may be made in the Plaintiff*s 
 own Hands, either of Money, or Goods, or both. 
 
 The PUintitf muft oblcrve that after Judgment Is 
 givfn by the Court for the apprilemcnc of, the 
 Goods he muft bring two Frctmtn of London into 
 the Court tijc next Court-day following, there to 
 be f^vvorn Th;st they have maJe an Appraifment of 
 the Goods to the bell of their Skill and Knowledge, 
 and then put their Kands to the Apprarfhienr. 
 
 An Arrachment is never throu^i;hly perfedUd till 
 thtrt be Bali a; \ Satisfacti. a on Record. 
 
 If Attachment be made of Money due upon a 
 Tond the Penalty mufl: be attached, for the Court 
 afterwards will abridge it to the Principal. 
 
 The Garnlfhee (which is the Party in whole 
 Hands the Money is attached) being W4rncd in after 
 the faur Court- days are paft, to appear to flie*v 
 Caufc why the Money or Goods condemned in his 
 Hands fliould not be condemned in, Court to the u(e 
 of the Plaintiff, muft go to an Attorney in Court 
 and give him his Fee, then if he can wage his Law 
 that he hath no Goods or Moiicy in his Hands of the. 
 Party's againft whom the Attachment is made, he 
 may be difcharged *, but If he will plead, he muft 
 put in pail or Pledges before the fecond Court-day 
 after the6'«re Facias comes in, otherwife for wane 
 of Bail he is condemned for the whole Sum. He 
 may plead that he hath no Money or Goods in his 
 Hands. 
 
 If A. be indebted to B. who is indebted to C. 
 and C. fues B. in London^ and by the Cuftom of 
 London artacheth the Debt of /». in the Hands of A^ 
 and after li. brout^hc Adicn againft C. for bis 
 Debt, and pleads the Attachment. B. may tra* 
 
 verft
 
 veife the Caufe, s. e. Thar he was not indebted to 
 C. For if there were not any JMfl Debt againft the 
 Plaintiff in the firft A<5lion the Attachment it n^r any 
 bar. Cited in Paramotir's Caft, 3 Rolls R?f. 
 It 6. 
 
 The Garntfhee after Trial may f>ut in Bail \n the 
 Abfenceof the Party againft whom the Attachment 
 is made, before the Lord Mayor, and to dliTojve 
 the Attachment and all the Proceedings thereon; 
 but then he and his Security are liable to what Debt 
 the Plaintiff fhall make appear to be due from the 
 Defendant. 
 
 The Party againft whom the Attachment is made 
 may put in Bail at the Comprcr, or fubmit his Bo- 
 dy and thereby diffolye the Attachment, which he 
 may do at any time before Satisfadion acknow- 
 ledged upon Record by the Plaintiff. 
 
 If the Garnifhee fail to appear by his Attorneyj 
 being warned in by the Officer, at the next Court, 
 to fhew Caufe as is aforelaid, he is taken by default 
 for want of appearing? and Judgment given againft 
 him for Goods and Money attached in his Hands; 
 and he is remedy lefs either at the Common Law or in 
 Equity, though he hath not one Penny in his Hands, 
 and if taken in Execution muft go to Prifon or pty 
 the Money. 
 
 If the Money attached in the Garnifhee's Hands 
 be up-in a Bond or other Contract under Seal, where 
 the Money is not due-, he may put in his Plea, and 
 fet forth that the Day of Payment is not yet come. 
 
 If the Garnifhee hath a Bill of Sale of the Goods, 
 he may plead it in Court and fo acquit himfelf 
 
 If Attachment be of an Horfe in Inn Keepers Of Horfe m 
 Hands, he may plead that there is fo much for '^""' Keepers 
 Horfe meat due, &c. Hands,, 
 
 No Attachment lies of Rent. 1^^^^^ 
 
 R ; If
 
 ^^6 
 
 The Money or 
 Goods of d Wri. 
 foncr attached. 
 
 Hofl^ Attach- 
 ment may be 
 avoided. 
 
 Foreign At- 
 tachment in 
 Exeter. 
 
 Pleading. 
 
 Etc LntJ) of CojpojatioiliJ. 
 
 ir the Money or Goods of a Prifoner either In 
 the K'tf}£s Bevch or Fleet be attached In thcSherifl* 
 Court, the Prifoner nr.iy come from that Piifon and 
 fubmic his Body to Prilon to the A6lion, and lo dif- 
 folve the Attachment; and bring his Habeas Cor- 
 puj and be tUrfied over to the faid Prifon again. 
 
 An Attachment may be avoided by fiUng an O- 
 riglnal againll the Parry upon Attachment, Co that 
 it be filed before the Date of the Plaint. 
 
 After Satisfacftion upon Record, and when the 
 Money is fully condemned by the PlaintiflF, thePar- 
 ty againft whom the A£lion is, and whofe Goods 
 are attached may come and put in Bail ad Jifpro- 
 ban{JJcbitU7J7y\hLn he muft put into Court his Scire 
 Facias^ but it muft be within the Year and Day 
 nej<t enfuing after SatisfA^lion. Then the Plaintiff 
 muft declare. If the Defendant can juftifie or 
 difchargc hlmfclf, then the Defendant fliall havere- 
 ftitution of all the Goods and Money. 
 
 M. did affirm a Plaint in the Court of the City 
 of Exon againft Hore, and upon ISJihil returned, it 
 was furmiled that one Trojje had certain Monies in 
 his Hands due to Horey and according to the Cu- 
 ftdm of Excn the faid Money was attached in the 
 Hands of TrcjJ'e \ who appeared upon the Attach- 
 ment, and pleaded that he owed nothing to Hore» 
 And hereupon it was demurred,and Judgment given 
 againft Trojje , becaufe 7'rojjc ought to have plead- 
 ed not only that he owed him nothing, but further 
 that he had not any Goods of Hcreh in his Hands. 
 Upon Error per Cur. the Plea is good enough : For 
 if there be not a Debt it is not attachable upon fuch 
 Attachment j and the Pleading in London is altoge- 
 ther fo. 
 
 Another Error a0]gned was, for that M. had re- 
 covered Ccfts againft Trc-JJe^ which ought not to 
 be j and alfb Judgment is not given that Trojje 
 (hou'd not be difcharged againft Horey and the 
 
 judgment
 
 C6e lato of Co^pojatson^. 247 
 
 Judgment in Exon was rcvcrfed. i X^j^ 52 j, 
 Mttchel and H.^rf. 
 
 The Plaintiff brought Debt in Lmdon againft 
 the Hamhorofigb Company, who not appeariag 
 upon Summons and Nihil returned agamfl them. 
 Attachment was granted to attach Debkts owing ?o 
 the Company in the Hands oF foiirteen fevera! Per- 
 [bns. By Certiorari the Caufe was renrjoyed in B. C. 
 but a frccedendo was granted Car. we wJi! not ^j^jt. 
 take upon us to determine whether a Debt owing Dg^t owing to 
 to a Corporation be within the Cviftom of Foreign x Corpoi-ajion 
 Attachment or nor. We agree that it is noE un- ^ *'fhi3i ih& 
 reafonable that a Corporations Deks fhouid be paid J;"^^^'^ ?°^- 
 Let them proceed according 50 jbeir Cuftona. ^^^ 
 I Mod. %iz. 
 
 it is no Plea to plead in Bar of an Adrian a 
 Judgment in Foreign Attachment wkhouE pleading 
 Execution. 
 
 A Man indebted in Arrears on Infimul Com^U" 
 taffet in a Sum certain promKeth to pay it at a Day 
 certain, which paflTeth without Payment ; and after 
 this was attached in London by the Cuftom. Now 
 in a new A6lion in B. R^ for the Arrears it was 
 adjudged a good bar. Wandfiete and Humfrep cited 
 I Rols Rep. 105. 
 
 What Dehts or Goorfs may he attached hy 
 the Cuftom, 
 
 A Legacy may not be attached in the Hands of 
 the Executor by Cuftom of Foreign Attach- 
 ment 3 for it is uncertain v/hether the Executor pay 
 this after the Debts paid. 1 4 Jac. J. ?age and 
 Lawketcn*s Cafe. 
 
 U A. lend B. 100/. to be repaid by B. upon Poi'^'gn At. 
 the Death of his Father ^ and after the Death of the "^JjJ\^ 
 Father of B. this 100/. is attached by force of AcHon on the 
 
 R 4 Foreign Cafe.
 
 2,48 Cfjc Unit) of (ZTojpo^ntfon^* 
 
 Foreign Attachment ; and nfrer A. brought his 
 
 Action on the Cafe again ft B. for the Money : 
 
 This Foreign Attachment will be a good Bar ; for 
 
 though the Cuftom be to attach Debts, and this is 
 
 an Action on the Cafe in which Damages are only 
 
 to be given ; for that this is a Debt and he may 
 
 have an A6lion of Debt for it, and inafmuch as ic 
 
 Was well attached, he fliall not defeat it by bringing 
 
 Aftion en the C'ale. i Rols Abr. 551. Sir Nicbolat 
 
 Haly and Walktr. 
 
 Caeds not at. \^ A be indebted to B. and y. S. a Stranger 
 
 tachaMe in rhe t I'rr'oufl}. Mkcs certain Goods of /i. as a Trefpaflbr, 
 
 Hands of a /j ^.^y pot attach thcle Goods in the Hands of 
 
 Trcfpafior, ^ ^ ^^^ ^j^^ ^^^^ ^^ j ^^^ ^^^^ ^^^ Property is 
 
 out of A. at the time, and only a Right in him. 
 
 lf/^»bc indebted to J?, by Bond, and B. h in- 
 debted by contraft to H. B. dies, his Adminiftra- 
 tor demands the Debt on Bond ot A. who promi- 
 feth that if he \*ill forbear for a Month that then he 
 U'ill pay him, but does not pay it j and after H^ 
 brings Debt in London againfi th^ Adminiftrator 
 Upon the Contratfl (as he may by the Cuftom there) 
 the due Debt of A. due on the Bond may be atta- 
 ched in the Hands of the Adminiftrator ^ lor not- 
 Withftanding the Promife broken, yet the Debt 
 continues due by the Bond. Spinal and Tenant. 
 
 If a Man recover Debt or Damages in ^. i?. this 
 pebt may not after be attached in London ; for an 
 Inferior Court may not attach a Debt in a Superior 
 Court. So after Imparlance to an A6Hon of Debt 
 in B. R. the Debt may not be attached in Lcnden 
 for the Caufe aforefaid. 
 
 So if a Writ of Debt returnable in Banco be 
 purchafed before the Attachment, this cannot be 
 attached by the Cuflom. ALter if it be by covin 
 or antedate. 
 
 t)tbt In & Su= 
 perior Court 
 may not te 
 irtacbcd. 
 
 An
 
 C6e tm of Cojpoiatfanfif. 149 
 
 An Obligee before the Debt be due by the Bond Of Attachment 
 may not attach a Debt for this by the Cuftom of °^ ^.P^^^ ^' 
 London^ beeaufe he cannot affirm a Plaint for the^"*^ **' ^^' 
 fir/t Debt before it be due. But it's often laid a 
 Debt may be attached before it becomes due, by the 
 Cuftom j but the Judgment is not that the Debt 
 fhall be prefenily paid, &-c. But ^er Cur. Judgment 
 may not be given upon this Attachment that he (hall 
 yetain this in Satisfaftion of his Debt demanded be- 
 fore due ; for then execution fhould be of this Debt 
 attached before ir is due, which cannot be : For by 
 the Judgment this is put in Execution presently. 
 1 Rols Abr. ^53. Tierfe and Calcott. 
 
 Adminiftrator brought A(5tion on the Cafeagainft Mon*- j 
 T. The Cafe was, T. was indebted by Bond to Attachment or 
 the Teftator, and the Teftator was indebted by Bond agiinft 
 Contra6l to Hey don. After the Death of the Tefla- Promife to pay 
 ror the Adminiftiator demands the Debt of T* whoj^ *"^ ^^ 
 promifeth if he will forbear him for a Month, but n,ent paft^^raay 
 does not pay it. And after Heydon brought A- be attached. 
 (5tion of Debt againft the Adminiftrator on the Con- 
 trait in London j where by the Cuftom of Foreign 
 Attachment the due debt of T. was Attached in 
 his Hands. And now the Adminiftrator brought 
 A6lion on the Cafe upon the Promife for Nonpay- 
 ment of the Debt at the end of Six Months, and 
 the Defendant pleads all this Matter, and the Plain- 
 tiff demurs. Per Cur. i. The Adminiftrator fliall 
 be within this Cuftom. x. This Debt may be at- 
 tached as the Court inclined ; for it was a certain 
 Debt before the Promife made, for the Promife is 
 to pay the Debt due upon Obligation : But had the 
 Debt commenced by the Promife, aliter. If the Debt 
 of the Adminiftrator be tiaverfable here, as it is 
 agreed, then it appears the Adminiftrator was not 
 fully charged in Debt by Heydon en the Contjra<5i", 
 tor no AcStion of Debt lies againft an Adminiftrator 
 on contract j but it was figrud it doih lye by the 
 
 Cuftom
 
 1^0 Cfje LaU) of Co^poMtfoiiJJ* 
 
 Cuftoni of London, i Kol. Rep, 105. S final and 
 Tenant, upon general Jjfumpjit to pay at a day, it 
 may be attached after the day palt. 
 
 Condition of a Bond was to perform an Award, 
 and (cts forth, that there were divers accounts, (^c* 
 between J. S. Tcflator of the Plaintiff and the De- 
 fendant, and they fubniitted, d^c. that he awarded 
 that the Plaintiff fiiould deliver certain Goods of 
 which the Teltator died poffcfs'd,to the Defendant, 
 and that the Defendant fliould pay to the Plaintiff 
 320 /. and then fets forth theCuftomof forreln At- 
 tachments in London, that if a Suit were commenced 
 againfl: the Executor of any Perfon, any Debt which 
 was due to the Teftator tempore mortis fua might 
 be attached, and then fets forth according to the 
 common Form, how this 5x0/. was attached, and 
 What M n ^^ers, there were no other Conrroverfies between 
 not attachable, ^^^^ Plaintiff and Defendant, but what concerned the 
 %s Debt due to Teftator of the Plaintiff and him as Executor only, 
 the Teftator Plaintiff replies. The Defendant liad not paid the 
 umfore mrus .^^ ^ according to the Award, the Defendant 
 demurs. 
 
 Tiie Queftion was> Whether this Mony were 
 attachable as a Debt due to the Teftator, tempore 
 mortis fua. 
 
 Per Cur. This is not attachable for theTeftator's 
 J)ebrs, for the Adminiftrator de bonis non might 
 fue (if it were after) which it is not. It appears 
 not that there was any Debt due to the Teftator, 
 Covenants there may be. 
 
 But where an Account is made upon Debt by 
 Simple Contract, or where Executors give time 
 for payment of a Bond due to the Teftator, this 
 fhall be attachable, ut Jupra. 
 j^ Executor recovers in 'J^refpafs for raking away 
 
 attachable. ^^^ Teftators Goods, the Damages Ihall be Affcts, 
 yet they are not attachable ; 16 Oamagcp recovoed 
 upon Covenants made to the Teftator^ if this Mony 
 
 fliQuld
 
 €U latD of Co^pD^atfon^* 251 
 
 ftould be attachable ihe Executor might be lyable 
 to a Vsvajiavity and yet fhould have no Remedy 
 for the Sum awarded ; and this was no Debt due to 
 the Teftator at the time of his Death. Where Ex- 
 ecutor takes Bond for a Debt due to the Teftator, 
 or where he (ells the Teftators Good?, the Mony 
 for which they are fold cannot be attached* i Ventr. 
 III. Herfam^ndTurgell. > 
 
 , After fatisfa6tion upon Record and where the 
 Mony is fully condemned by the Plaintiff, the 
 Party againft whom the A6Hon is, and whofe Goods 
 are attached, may put in Bail ad dtj^robandum de- 
 bitum, ut fupra. 
 
 If a Man die Intefi"ate an Attachment may be Where the At- 
 made of Mony or Goods in a third Perfbns hands^ tachment rauft 
 but then the Attachment muft be entred againft the "^^ . ^T^^^ . ^" 
 Lord Bifhop oi London, reciting his name. But I^Qj^p q£ £^J„^ 
 when there is a Will proved or Adminiftration grant- don, 
 cd, the Attachment dies, and it muft be made a- 
 gainft fuch Executor or Adrainiftrator, unlefs it be 
 fully condemned in the Interim. 
 
 Note, That when a Defendant hath put in Bail 
 upon the Attachment^ and fo diffolved it, he may Attachment 
 have a note from the Clark dire6led to the Garni- difiblved. 
 fhees in whofe Hands the Mony or Goods were 
 attached, certifying him that the Attachment made 
 in his hands is diffolved by the Defendants putting 
 in Bail, fo that then he may flifely deliver the Goods 
 or pay the Mony to the Defendant. 
 
 In all Attachments the Per(bns in whofe hands Mo' 
 nies or Goods be attached is called the Defendant in 
 the Attachmentjand the Perfbns in whofe Hands the 
 Artachment is made is called the Garnifhee ; and if 
 the Plaintiff in the Attachment ft>all obtain a Ver- 
 di61: and Judgment for the Goods and Monies at- 
 tached in rhe Garnifhees hands, yet the Defendant 
 in the At'achment may at any time before Satisfa<5li- 
 on acknowledged on Record, put in Bail to the 
 
 Plaintiff's
 
 1 5 1 ^()c iLcttJ of Co^po^attonsr* 
 
 Pliintlff's fatisfac^ion upon which the Attachment ii 
 grounded, .and thereby difchargethe Judgmenr and 
 all the Proceedings ag.iinft the Garnillice , and tho 
 the Garnifliec be taken in Execution upon anyfuch 
 Judgment, yet IF Bail be put in by the Defendant 
 in manner aforeriid, before rhe Mony fhdl be paid 
 the Garnifhee will be imiiicdia'"ely difcharged. Lex 
 Lond. ;4, 3). 
 
 Nfl/f, That upon Attachment no Cofta are al- 
 lowed to either Party, let the Verdidi: be for or ^ 
 gainft the Plaintiff. Lex Lond, 54. 
 iifp.'oof. The Plaintiff fhall not give Evidence of any 
 
 Mony that came to the Garnifhees hand, after the 
 lime of the Plea. 
 
 The manner for a Defendant in an Attachment 
 to dlfprove or avoid any Debt demanded is as fol- 
 loweth. The Defendant muft either render his 
 Body to Prifon, or give fecurity to pay the Debt 
 demanded, and then they may bring a Scire Faciasy 
 which is called a Scire Facias ad difprcband. debt' 
 ti4my and the Plaintiff in this Attachment muft be 
 (ummoned to appear, and plead thereto ; and after 
 the Plaintiff hath pleaded, if the Debt demanded 
 be not a Debt due by Bond, Bill, or Specialty, un- 
 der Hand and Seal the Defendant may wage his 
 Law, and thereby difcharge himfelf of the Mony 
 due by the Plaintiff: and if the Defendant be a 
 Freeman of London^ he muft have fix Compurga- 
 tors, who will fwear thiCy believe in their Conlci- 
 ences, that what the Defendant fwears is true ; but 
 if the Defendant be not a Freeman of Lot) don jthen 
 z Compurgators will be fufficient. If the Defendant 
 fhall not think fit to wage his Law, but will put 
 the Plaintiff to prove his Debt, in fuch cafe he muft 
 plead he owes the Plaintiff nothing. And in cafe 
 the Plaintiff fail to prove his Debt, a Verdii^^ and 
 Judgment will pafs againft him for Reftitution of 
 '.he Money, or Value of the Goods attached and 
 
 condem-
 
 condemned. And if the Plainriff in the Aitach- 
 menr fhall in any fuch Cafe be taken In Execution, 
 and fhall be unable or unwilling to reftore the Mony, 
 HLs Security or Pledges that he gave when the Mo- 
 ny was condemned, will be compelled co pny the 
 Mony ; for the Sureties cannot difchar^e themfch/es 
 by rcndriiig the Plaintiffs Body to Prifon. Lex 
 LonJ. 41. 
 
 F leading. 
 
 A Foreign Attachment in an Inferior Court v.'as 
 pl.-ddcd in this manner, th;it by Guftom, 
 tiiiic our of Mind, whoever levied a Plaint pro a- 
 Itauo debito againft another, upon Surmife that a 
 Stranger was indebted to the Defendant, that Pro- 
 cefs iilued forth to attach. It was obje(5ted, tha: it 
 was not faid pro aliquo dehito which did arife tn- 
 fra jurildi8tionem. Per Cur. It need not be ex- 
 prefs'd that the Debt did arife infra Jurtfdi^ionem . 
 Crnia^ for perhaps it did not ; and that if A6lion °"^'" ** 
 be brought in fuch cafe, and the Debt be laid to be 
 contra6ied infra jHrifdiBionem Curia^ if the De- 
 fendant will plead to it lie may ; but he fhall never 
 be admicted to affign for Error, that the Debt did 
 ariie extra Jttrifdt^tonew Curia ; but if he had 
 tendered fuch a Plea, and they had refufed it, then 
 it had been Error. i Fentr. 1^6. 
 
 Foreign Attachment nr^y be pleaded to an A<5tion 
 on the Cale. Vide fttpra. 
 
 In an Adion of Debt for Tohaccoin the detinety 
 a Debt may not be atrarhed within this Cuflom in 
 fatisraiStion ; for that it appears nor of what Value 
 this Tobacco was, by \Ahich it fhall appear that [hfr 
 Debt is but a fatiifaifllon to the Va'uc, which can- 
 not be fiipplied by a Plea in Bar in other Action a* 
 gainft him in whofe ha-^Js the Dtbt was attached. 
 iRoL^ibitdg. 5^3, i\;?a and Cflkct. But if 
 
 the
 
 the Value of the Tobacco had been averred In the 
 
 Record of the; Attachment, the Debt might have 
 
 been attached in this A£tion. 
 
 S Tc tint Note. U mull: be fiirmifed (by the Cuflom) that 
 
 the Stranger to fome Other is indebted to the Defendant in fuch a 
 
 the PiaintiiF is Sum, and to pray Procefs to attach the Sum in his 
 
 infrajurifdiih- H^^nds. This is not a good Cullom without a Sur- 
 
 onem, mile, th:.t the Strancjcr who is indebted to the Plain- 
 
 tiffj is within the JunTdidion of the Court, i RoL 
 
 AbrUg. 5-5-4. 
 
 By the Cultom of Forrein Attachment in Lon- 
 /^oTjy H. A' fi-ies B. in LonJcrty &c. and C. is indebt- 
 ed to £. in the fame Sum, and the fuid C. is con- 
 demned there to A. according to the Cuftom and 
 Judgment given againft him accordingly ; yet if 
 no Execution be fijed againft C. A. may refort to 
 have Judgment and Execution againft B. his prin- 
 cipal Debtor, and B. may flie C. for his Debt, not- 
 withftanding the Judgment unexecuted. Dier 71. 
 
 If the Defendant in Attachment after fatisfafli- 
 on acknowledged upon Record, fhall bring Action 
 againft the Garnifhce for tjie Mony fo attached, 
 the GarnifheeniJy in fuch cafe plead the general 
 lflue,and give the Attachment in Evidence ; but at 
 the (amc time muft prove the Debt to be a juft 
 Debt, for which the Mony was condemned, and 
 the Court above have always allowed it as good 
 Evidence againft the Plaintitf in the A^llon. Lix 
 London 58. 
 
 Cuflom of London, as to Se^ueflring a Houfe. 
 
 IF R. D. owes Mony to L. C. and abfcondsjand 
 happens to leave Goods in an Houfe or Ware- 
 ■ houfe locked up-, and no Perfon in the Houfe or 
 Warehouff, in fucli Cafe L C miy Sequtfter the 
 Houfe or Warehoufe, and the Goods and the Chac- 
 Kels therein coatained, and in /ix days time may 
 
 condcftin
 
 €6e KLnlu of Coipoiatiou)?; i^^ 
 
 condemn the Goods. The manner of making a 
 Scqueftration is thus, L. C. muft enter an -Ailion of 
 Debt againft R. D. with one of the four Attornies 
 in the Mayors Court, and then one of the Officers 
 of this Court muft go to the fame Houfe or Ware- 
 houfe, and fay thefe words, I <Io fecjuefier this IVare- 
 hiiufe and the Goods and Chattels therein contained^ 
 at the proper fVarehoujCj Goods, and Chattels of 
 R. D. to anfwer J. C. in a Flea of Debt upon de- 
 mand of lOo I. and then muft put a Padlock up- 
 on the Door of the Houfe, and fet a Seal upon the 
 Key-hole. After four Court days paffed, which is 
 ufually In four days, the Officer will receive a Pre- 
 cept to open the Warehoufe, and caufe the Goods 
 therein to be Inventoried and Appraifed by any 
 two Freemen, and the Appraifers muft fet their 
 Names or Marks of the fame Inventory, and come 
 to the next Court, and there make Oath of their 
 juft and true Appralfement. Lex Lond. 38, 39* 
 The fame day that the Appraifers are fworn, the 
 Plaintiff may have Judgment and Execution for the 
 Good?, bringing two fufficient Sureties who will en- 
 ter into a Recognizance, that if the Defendant R. 
 D. fhall come into Court within a Year and a Day, 
 and difprove or avoid the Debt demanded by L. C. 
 that then L. C. fhall reftore the Goods,or the Value 
 thereof to R. D. or elfe that they will do it for 
 him. 
 
 CAP,
 
 x^6 ^h^ ^^^ of Coipo^atiOn^* 
 
 CAP. XVIL 
 
 Cuftoms of LondQiu 
 
 Other Cuflomi of London, that none Jl}all keep any 
 Shopy or expofe to fale-, not bemg a Freemav. 
 Forrein bought and forrein foldy forfeiture by 
 Cuftom. B-egularly no forfeiture of Goods by a 
 Tatent. Cujtoms againji common Right and 
 Rule of Law allowable in fomc Cafes. Credi- 
 tor by the Cufiom may arrejt the Debtor before 
 day of Payment, To enter an Houfe upon Jufpi^ 
 cion of Whoring. A Freeman not to employ a 
 Forreiner upon pain of y 1. per diem. Examina' 
 tion of the fatisfa&ion of a Debt good by Cuftom, 
 Executors charged upon fimple Centracf. The 
 Cuftom as to arrefiing before entry of the ACiion. 
 
 THAT no Peifbn whatfbever, not being Fre-e 
 of the City of London^ fhall by any colour, 
 way, or means whatfbevcr, directly or indirecSlly, 
 That none by himfelf, or any other, keep any Shop, or any 
 (hall keep any other place what (be ver, Inward or outward, for (hew, 
 Shop, or expofc or putting to (ale any Wares or Merchandizes, by 
 to falc.not be- ^^ of Retail, or ufe any Trade, Occupation, 
 in g a Freeman. »,'n tt j- t c xi- r^ - c i 
 
 Myftery, or Handicrair, tor Hire, Gam, or bale 
 
 within the City of London^ is a good Cultom, and 
 fiich Conftitution made according to the Cuftom, 
 upon pain of Forfeiture of 5 /. is good alfb. Cafe 
 of the City o[ London called IVavoners Cafe. The 
 faid PeniJries to be fued for in the name of the Cham- 
 berlain of theHiid City in Guild hall o^ I^ondoVfhe- 
 fore the Lord Mayor and Aldermen of the iaid 
 City. 
 
 h
 
 COe Latu of Cd^poaatfongf, *^7 
 
 tt was refolved that there is a di^erlity between DIverflty be- 
 fuch a Cuftom within a City,&c. and a ^^»arter J*J^"^^j|'"°f 
 granted to a City to fuch Enefi: : for this 13 good 
 b/ way of Cuftom, bur not by Grant ; and there- 
 fore no Corporation niade within tiitle of Memory 
 may have fuch Privilege, unlefs h be by A61: of 
 Parliament. 
 
 So a Cuftom, that Good? foreign Bought and Forrein bongJie 
 foreign Sold within a City fhall be forfeit-ed, is and forrein fold 
 good. FiJ. Dier 179. ^^'^^'^'^ ^/ 
 
 King Hen. 6. granted to the Corporation of Dy- kjo loTciturc of 
 ers within London^ power to (eai ch, C^c. and if Goods by a 
 they found any Cloth dyed with Logwood, that Patent. 
 the Cloth fliould be forfeited. Tcr Cur. By Pa- 
 tent no Forfeiture may be impofed on the Goods of 
 a Subjed:. 
 
 There are divers Cuftoms of London which are Gudoms ai 
 againft common Right, and the Rule of Common gain^ common 
 Law, and y^it are allowed in other Books, and the f/f^^\"Jg^"^® 
 rather, for that they have not only the force of a ^^j^^ 
 Cuftom^ but are alfo fupported hy A<5fe of Parlia- 
 ment. 
 
 They have a: Cuftorh concerning the Arreft and Creditor may 
 Imprifbnment of the Body of a Man, as a Creditor arreft the Debe* 
 may arreft the Debtor before the day of payment, ^'^ ^^^°''« ^^e 
 to force him to find Surety. ^ Edw. 4. 50. 11 H, j^^^° P*'* 
 6. 3. z H: 7. 1 V 
 
 They have a Cuftom to enter into the Hoiife of To enter on 
 another, which is his Caftle. And as to that, the rufpicion of 
 Cuftom of London is» That when a Chaplain or Whonog. 
 Prieft had a Whore in his Houfe or Chamber, and 
 fome on this had ill Sufpicion ; he which had fiich 
 Sufpicion ("hall come to the Conlhble of the Ward, 
 or Beadle, and with him may enter the Houfe or 
 Chamber of the Chaplain or Prieft, a;nd commit 
 the Offender to Prifon, 2 H^. ii. ^ H. 7. 1,5. 
 
 If any Man that is not a Freeman o^ Londo7t keep 
 
 stny Shop inward or outward, within the City or 
 
 S Liberty^
 
 1^8 COe jLatu of Cojpomt(oit3. 
 
 Liberty, for the Sale of any Goods or Wares by 
 Retail, lie forfeits 5- /. for every Day, and A6lion of 
 Debt lies again ft him for the fame in (he Mayors 
 Court, in the name of the Chamberlain of London 
 for the time being. Lex Lond. 7. 
 
 If a Freeman of London fhall employ a Foreigner 
 to work within the City or Liberties, he forfeits 
 5 /. fer duWj and Aclicm lies againft him for the 
 fame. Lex Lond. 14. 
 
 By their Cuftom the Goods of a Man wherein he 
 had abfolute Property may be forfeited, as upon 
 forrein Bought and forrein SDld. 
 
 They have a Cuftom which alters the courfe of 
 ExJminatlon Juftice, (x;/z..) where an A£lion is commenced before 
 of thcfamfac ^ Judge to remo«rethis hanging the Plea before an- 
 tionof aDebt. ^^^^^^ as 10 H. 6. i^. In Aftion of Debt upon 
 Efcape of a Man taken by Capias upon a Statute 
 Merchant,at the Suit of the Plaintift.The Deft ndanc 
 (aith, that the Cuftom of London is, That where a 
 Plaint is affirmed before the Sheriffs of London^ 
 that the Mayor may fend for the Parties at the fug- 
 geftion of the Plaintiff or Defendant ; and if it be 
 found upon Examination before the Mayor, that 
 the Plaintiff is farisfied, he fhall award that the Plain- 
 tiff fhall be barred, and that rhe Plaintiff affirmed 
 a Plaint of this matter, and was examined before 
 the Mayor, and upon Examination it was found 
 that part was paid, and that the Plaintiff had taken 
 Bond for the reft.Therefore the Mayor awarded that 
 he fliould be barred, and it was adjudged that the 
 Cuftom was good ; for this Examination was plead- 
 ing to the Adlion. But contra, if they prefcribe to 
 examine this after Judgment. 
 
 One may be a Freeman of London three ways/ 
 
 1. By Service, as be which ferves his Apprenti- 
 fliip. 
 
 2. By Birth-right, as he which is Son of a Free- 
 man of London. 
 
 3- By
 
 C&c lalu of Co^po^dtforic?; zs9 
 
 5. By Redemption, that is, by Allowance of c/ie 
 Court of Mayor and Aldermen ; for no Man by 
 Charter may be made Free of the City of London. 
 
 Conftitution may not be made upon pain of Im- 
 prifonment, or forfeiture of Goods, but ought to be 
 a reafbiiablc Pain, pecuniary or not at all. 
 
 If a Man and his Wife fuffer a Recovery m a ^""'^ of Right. 
 Writ of Right, according to the Cuftom oi London ^ 
 this (hall bind a< a Fine at Common Law. 1 Re^. 
 
 57' b- 
 
 By the Cuftom of London Executors or Adrai- Executors 
 niftrators (hall be charged upon their fimple Con- 55^''^^'*"''°" 
 trccls. If Contrail be made by one Citizen to an- ^^'^^ 
 other in London, to pay Mony to him, and he 
 which ought to pay it dies inteftate, the Admlni- 
 ftrator (hali be bound to pay it, as well as if it had 
 been by Bond. And tho the Plaintiff was a Stran- 
 ger, who brought Debt upon Bond, yet this Cuf- 
 tom Was good to bind him. 5 Rep. 8z, 85. 
 
 After Plaint entred by theCuftom oi London ^ the 
 Defendant may be arreffed, 'viZj. after the Plaint 
 entred in the Porters Book, and before the Entry 
 of this in the Court before the Sheriff, the Defen- 
 dant may be arrefted by the Cuftom of London, 
 9 Ref. 6a. 
 
 It is the Cuftom of London to find Si^retles for a 
 Legacy, or elfe to be imorifoned. i Rot. Rep. •516. 
 
 Si CAP,
 
 i6o C&e Urn oC Coipoiat(on0. 
 
 CAP. XVIIL 
 
 Cuftom of London as to Anions 
 and Pleas. 
 
 focremVlea^anJ they refufe it^mhat is to be dlove.Good 
 advice if it he doubtful^ whether the Cufiom it 
 good or not^ at for calling a IVoman IVhore. 
 Executors and ^df^inijlrators charged upon the 
 Simple ContraB of their Ttjhtcr. Eirur of a 
 'Judgment before the Lord Mayor is reformed by 
 CowmiJionerSy except in cafe of Infcrmation, 
 Cujioms as to being faed in real Anions. Heir 
 futd on the Bond of his Ancefor. Lord Mayor 
 the Cormer. tSo Capias lies againfi Bad by Re- 
 eognizanee. Cufiorn to take Depcfitions in perpe- 
 tuam rei memoTiam, "without Suit depending. 
 The Bail not to he taken in Execution without a 
 Scire Facias. 
 
 PRohibitlon was granted to the Court of the 
 Comfter in Woodfireet hondon^ to an A61:ion 
 and they rcfufc ^^ Debt there commenced ; for that the Defendant 
 to accept it, had pleaded before any Imparlance taken, that the 
 caufe of A«^ion did arife at a place out of their 
 Jurifdi6lion, and offers to have fworn his Plea, and 
 they refufed to accept It : upon fuch a refufal a Bill 
 of Exception may be made, and Error afligned N. 
 B. zi. and a Prohibition granted, I Ventr. iSo. 
 
 In Action, if the Debt be laid to be contracSted 
 infra Jurifdi^lionern Curiae it need not be expreft 
 that the Debt did arlfe infra JurifdiB' for perhaps 
 it did not ; yer If ASi'ion be brought in fuch cafe, 
 and the Dei^t be laid to be conrrad:ed infra Jurtf- 
 diii' Curia, H the Defendant will piead to it he 
 
 may,
 
 CFje lalo of €omi^tlQm, a6s 
 
 may, but he fhall never be admitted to a0jgn for 
 Error, that the Debt did arife fxtra yttrifJiSl' Curia^ 
 But if he had tendered fiich a Plea in the Infeyio? 
 Court upon Oath^ then jf they had refuftd it, i\ 
 would have been Error. 2 Ventr.l'^S. 
 
 Plaintiff brought Aaion in LondoTf^ for that the ^eaSfoj i 
 Defendant called the Wife of the Plaintiff Whore. ^^^ 
 The Defendant rerooyes this into the King^s Bench 
 by Habeas Corpus. Procedenda was moved tor^ 
 but denied, for fuch a Cuftom to maiDtaitt AfHc&n 
 for fuch brabling words, h againft Law.- This was 
 Oxfcrd and his Wife PlaintiffSj againU Crofs De- 
 fendant ; and in Bowsr and CoofeTi Cafe, 1 5 Car. 
 Cfo.486. There it was adjudged that a Vraedendo 
 fhould be granted, for that an Action lies in Lon- 
 don for thefe words by the Cuflom ; becaiife s 
 Whore there is to fufFer Corporal Punifhment, w«>. 
 Carting and Whipping. And it is an Offcncf pro- 
 ientable at the Wardmotes Incjueft', and there 
 punifliable. But in 9 Car. there in fuch cafe ibc 
 Court denied to grant a Procedendo, becaufe no A<5l!- 
 on lies for fuch words. 
 
 The Advice in Roll is, That If it be dubious 
 whether it be a good Cuflom or nor, it is better not 
 to remove it ; for if it be removed it is final, and 
 no Writ of Error lies upon it, but the Party is with' 
 out other Remedy ; but if they proceed upon it in 
 London^ and Judgment is given upon it, a Writ of Error Ss jfeg 
 Error lies in the Hufiings by Commiflion,and fb the ^»P^^P-> 
 Party may have a legal Remedy. 1 Rol.Akr$dg£<}, 
 in many cafes a Procedendo hath been granted. 
 
 By the Cuftom of Londony Executors or Admi- 
 niftrators fliall be charged upon the Simple Contract 
 of their Teftator. f Rep. 82, 83. 8 Rep. \%6. 
 
 By the Cuftom of London, a Man may be ar- 
 refted ro find Security for his Debt before it is due. 
 %Rep. 1 16. Vid. fupra. 
 
 So to arreft, and then enter the Plaint, nde 
 fupra, S 3 Error
 
 26^ ^be LatM of Co^po^ation^. 
 
 Error ot" a Errov of a Judgment given in the Court of 
 
 Judgrae;;t be- CfiilJhall, before the Mayor of London^ the refor- 
 fore the Mayor ^^^^.^ thereof oueht to be by fpccial Commiflfion in 
 Commiiljoiieis. LoTtdcn, according to their Charter. But hrror ot 
 a Judgment given In an Information before the 
 Mayor fliall be reformed in B. R. and this being a 
 matter concerning the Crown a Certiorari was there- 
 upon awarded to remove the Record, which being 
 removed a Writ of Error was brought, fjuod coram 
 'vpbis rcfidet. 
 
 Ik a Writ of Entry fur Dijfeifn, the Tenant 
 f^id that the Houfe in demand is within the City 
 of London^zud that the (aid City is an ancient City, 
 and that King Henry ^ . Ccncejjit civihui fredttP 
 ^uod nan itnplacitentur de terris O" tenewentis fuis 
 Sic. extra Muros Civitatis praditi"*. And faith he 
 In fcal Anions, himfelf is a Citizen ot London^ and demanded Judg- 
 ment of the Writ •, and to the pleading he faid fur- 
 ther, Sed illis teneatur rectum infra Civitat. fra. 
 di^f fecundmn confuetudmem Civitat'' prad'M'*. Ex- 
 ception was taken to the Plea, becaufe the Tenant 
 did not (hew before, that by their Cuftom they 
 ought to be impleaded. Per Cur. The Tenant 
 ought to have (hewed, that the Citizens for their 
 Lands there ought to be impleaded in the Hu(ling!^ 
 and thefe general words will not fupply the defeft 
 thereof. 4 Lecm. iz, 13. 
 Heir fucci in X An Fleir may not be iued on the Obligation of 
 lll'J''^^'^ J^" his Anccftors within a Burrough wherein he had 
 Anccilors. ^^ ""'' '^"^^ Affets within the Jurifdiclion of the 
 Court. Bro-wn and Qarnngton, 16 Jac. B. R, 
 I Roi. Abridg, 494. 
 
 By Culiom the Writ of Outlawry is direcl:ed to 
 Lord Mayor ^^^ Sbcrifr o^ London ^ and not the Coroner, who 
 torojitr. ?3 the Lord Mayo'-. , 
 
 The return of all the Outlawries out of London 
 in Banco is rr^ade without faying per judicium Qo- 
 renatcrum-i but generally. 
 
 If
 
 ^ue nam oc ^o^po^acion?* 2,53 
 
 If an Inferior Court be held by Charter, and the No C/j^/*/ Iie» 
 Bail there acknowledge a Recognizance, no Captes *8*'" . ^' ^ 
 lies upon this Recognizance no more than in BancOf 
 and here cannot be any Cuftora, and the Recogni- 
 zance doth not bind his Perfon. i Rol. Abridg.^^j. 
 
 It is a good Cuftom of London, that the Mayor, To takeDcpo- 
 Recorder, or any Alderman being Juftice of the fttions j« ^^rpe- 
 Peace may take Dcpofitions of any Perfons pro- '"'*'" ^^* .**"■ 
 
 J J , y , . ' r . "^ morittm with- 
 
 duced beiore them in perpetuam ret memoriam ex ^^^ g^j^ ^g, 
 parte alicujus Perfona, and that (uch Depofiiions pending, 
 (hall be recorded there in perpetuam ret memoriar»y 
 and that thele Depofitions fo taken fhall be good 
 Evidence to a Jury to induce the Confcicncc of any 
 one, and to enforce the truth ; its a good Cuftomi 
 tho thefe.Depofitions may be taken in perpetuam ret 
 memoriam without any Suit depending. Contra 
 Kinnerjly zT\d Cooper, i Rol. Abridg, 56;. 
 
 It is not a good Cudom in London, that if a 
 Man becomes Bail for another in an A6lIon there, 
 and the Plaintiff recovers againfl; the Principal, and 
 fues a Capias againft him, and the Sheriff returns a The Bail not 
 non eji Inventus, that prefently upon this Return, 'o be rakcn in 
 without a Scire Facias againft the Bail, the Bail ll^^^^l j^,.^ 
 may be taken in Execution upon his Recognizance, ^^ facias, 
 for this is againft the Law and Reafbn, in as much 
 as if he had fued a Scire Facias againft the Bail, 
 they might have pleaded the releafeof the Plaintiff", 
 or death of the principal, i Rol. Abridg. 563^. 
 Devered ver[. RatUjf. So it is in Inferior Court. 
 
 Vide flus Sparfim, 
 
 CAP.
 
 %64 ®6c tm of Co^poiattan^v 
 
 CAP. XIX. 
 
 Orphans and Devifcs. 
 
 0f the Court cf Orphans <»LoncJon> The Cujlom. 
 Of fecurity gi'ven to the Ccnrt of Orphans, and 
 bow. of Hochpot^ and the nature cf it. Or- 
 phans npt to marryy not to be put out Appr entice t 
 without have of the Court. Marriage "without 
 Confent ts finable y and Iwprijonwent till payment. 
 If the Cu(iom extends to Lands out of London. 
 The Cujlom of London as to the dtjfrtbutton of 
 the perfonal Ejtate. Of Devijts by Freemen. 
 If Orphans Ahny be dtvijable. 
 
 B 
 
 Y an Acfl of Parliament, Rot. Pat. i. jR.i. 
 N. 130. It is enacted. That the Mayor 
 and Chamberlain of London for the time 
 being, (hall have the keeping of all the Lands and 
 Goods of fuch Orphans as happen v/ithin the City, 
 laving to the King and other Lords the Rights ot" 
 fuch as hold of them out of the fame Liberty. 
 The Cuflom of The Court of Orphans is held before the Lord 
 the Court of Mayor and Aldermen of the City of London, who 
 l^hsMs, are Guardians to Children of all Freemen of Lon- 
 don that are or {hall be under the Age of a I Years 
 at the time of their Fathers Deceafe. The Com- 
 mon Sergeant of the City is the only Perfon in- 
 trufted by the Court of Aldermen to take all Inven- 
 tories of Freemen Eftates. 
 
 For a Judgment in Law as to the Cuftom of 
 Orphans you have a Cafe fully refolved mHob.:^'}^, 
 Latch'^s Cafe. 
 
 It Was refolved In that Cafe, there hath been a 
 Court of Orphans time out of Mind, in London^ 
 and there hath been a Cuftom, if any Freeman or 
 
 Free-
 
 C6c laUJ of €o?po2atioit0» %6^ 
 
 Freewoman die, leaving Orphans within Ag^e un- 
 married, that they have had the Cuftody of their 
 Bodies or Goods, and that the Executors or Admi- 
 niftrators have ufed, and ought to exhibit true In- 
 'ventories before them : and if any Debt appears 
 due, to become bound to the Chamberlain to the 
 ufe of the Orphans in a reafbnable Sum, to maicc 
 true account upon Oath of them after they have 
 been received ; and if they refufe, to commit them 
 till they will become bound. This was adjudged 
 to be a reafonable Cuftom, upon the return of an 
 Habeas Corpus. The Cafe was, one Jave ( VVid- 
 dow Freev/oman and Fifhmonger of London) dy- 
 ed, leaving divers Orphans, and one Latch was 
 Adminiftrator, and had exhibited an Inventory of 
 I ooo /. Debts unreceived^ and was required to give 
 B6nd of 2000 /. Security, which he refufed to do 
 per tfuod^ &c. It was adjudged good and reafbnable; 
 and if the Ecclefiaftlcal Court will compel them to 
 make account there, againft this Cuftom a Prohi- 
 bition lies J and it was alledged for the Prifbner in Tho Security to 
 that cale, that he was already bound in the Prero- account hath 
 
 gative Court to make account, and fb he fhould be i*^" ^'^^" *^ 
 f* . , J u ^». r Common Lawr, 
 
 twice bound, but to no purpoie. „^ . ^, 
 
 n- • • \ re A } -- or jn the pre- 
 
 For It was in the caie or one Andre'WSf 1 7 jac. rogative Court, 
 
 B. R. a Woman before flie contracted marriage yet the Couit 
 with J.S. agrees with him that flie fhall have pow- of Orphans will 
 er to devife aSura of aoo /. to any Perfon, and af- ''°"Pf' '^.S'*'^® 
 rer the Marriage, Ihe, by her Will, gives this to the '* 
 
 Children of her firft Husband, and dies ; the Huf^ 
 band after acknowledgeth a Judgment at Common 
 Law, for the Security of it ; yet by the Cufloni of 
 the Orphans of LondoTty he may be compelled by 
 the Court of Orphans to give new Security for this 
 to the Chamberlain of London. 
 
 The youngtft Attorney in the Lord Mayor's 
 Court is always Clark of the Orphans, and h ap- 
 pointed to take all Securities for Orphans Portions, 
 
 which
 
 i6<5 Clje LaU) of Cojpo^ationjJ* 
 
 which Securities are con ftant'y taken in the name of 
 The Chimber- the Chamberlain of London for the time being ; 
 '^fVc?""^ " ^"^ ^° ^^'^ purpofe the Chamberlain is a fole Cor- 
 tion.^ ''°'^^' poration to him and his SuccclTors for Orphans. 
 An 1 in FulhvoocTj Cafe, 4 Rep. a Recognizance 
 or Bond made to him and his Heirs concerning Or- 
 phans, fhall by the Cuflom of London go to his 
 Succelfor. And this is not like the cafe of .1 Bifilop, 
 Parfbn, Vicar, Mafter of an Hofpital, d^c. or iich 
 fole Corporation ; for there no Chattel, either in 
 Action or Pofleffiofi, (hall go in Succeflion, but the 
 Executor or Adminiftrator fhall have them. 
 
 I. Becaufe they cann»t take Recognizance or 
 
 Bond in their politick Capacity. 
 
 1.. Neither have they fuch Cuftom. 
 
 Prohibition lies NotCy This Court of Orphans is fuch a peculiar 
 
 if fued eire- Court, that if any Orphan fue in the Ecclefia- 
 
 *'"*'^' flical Court, for any Goods, Mony, or Chat* 
 
 tels due to them, or by the Cuflom of London, 
 
 or for any Legacy, or to have an Account, a 
 
 Prohibition lies. 5 Rep. 75. 
 
 Orphans not to The Security muft take particular care, that none 
 
 marry, or be of the Orphans marry or be put out Apprentices, 
 
 put out Appren- ^itl^out the leave of the Court of Aldermen firfi 
 
 tices. Without Qbjajncd for that purpole.and theCourt of Aldermen 
 
 Cflui t. ^° commit the Cuflody of Orphans to fuch Perlbn 
 
 and Perfbns as they fhall think fit ; and if any Per- 
 
 Ibn do marry without the Confent of the fame 
 
 Court firft obtained, fuch Perfon may be fined by 
 
 Marriage with- ^^^"^ according to the Quantity and Portion of the 
 
 out Confent is Orphan ; and unlefs fuch Perfon do pay the Fine, 
 
 Finable andim- or give Security to pay it, the Court may commit 
 
 prifonmcnc till ]^\^ t.) Newgate to remain there till he fubmit tc 
 
 payment. ^^^-^^ Orders, and this hath been adjudged good in 
 
 the Court of Km^^s Bench. It was one fVtlkinfon's 
 
 Cafeagainfl Sir fViUtam BJton^ Vafcb, 17. Car.l^ 
 
 which was this, 
 
 An
 
 CljC LaUJ of Co^po^atianjj* 167 
 
 An A6lion of Trefpafs was brought for Battery 
 and Falfc Imprifonment ; the Defendant juftifies by 
 the Cullom of London of the Court of Orphansy 
 and that a Freeman died and.left his Daughter under 
 1 8 years of Age, for fuch is the Age of a Female, 
 and unmarried ; and that the Court committed the 
 Cuftody of her to Sir JVilltam Bolton^ and fets forth 
 the Cuftom, that if any fuch Ward be taken away, 
 C^c. they may commit the Party to 'Newgate who 
 does this, to be imprifoned till he produce the In- 
 fant, or be delivered by due Courfe of Law ; and 
 becaufe the Plaintiff took her away, he was com- 
 mitted. Vafch. 1 7. Car. a. 
 
 The Plaintiff demurs upon the Plea. 
 
 I. Becaufe the Cuftom to imprifbn is unrealbn- 
 able, for that no time is allowed to the Party to 
 make his defence. 
 
 a. Its too generally laid to imprifbn all, and {o 
 a Peer may be imprifoned. 
 
 Bat fer Curiam) its a great Offence and Con- 
 tempt, and the Cuftom is reafbnable, but there 
 feemed to be a Fault in the Plea ; for the Bar was, 
 that the Infant was of fuch an Age, and unmarried 
 at the time of the death of her Anceftor, but does 
 not fay (lie was unmarried at the time of the taking, 
 but it was overruled, for that a Bar ftiall be good 
 to common Intent. Vid. This Cafe reported in 
 Raym. p. 1 1 o. 
 
 NotCy This Cuftom to have the Cuftody of the 
 Perfon, and of all the Eftate, Real and Perfbna], 
 extends to Lands out o{ London : But it hath been 
 a Queftion, If a Freeman difcontinue from the 
 City, and difcontinue his Trade, and dies, leaving 
 his Children and Eftate in the Country, whether the 
 Court of Orphans ftiall intermeddle with them, and 
 it was the Opinion of Hide Chief Jiifticc, that they 
 ^all not intermeddle. 
 
 A. B,
 
 i(^8 ^Oe ]LaIu of Co^po^U[on0♦ 
 
 Oiphans Mcny y^. 5. an Orphan o^ London married to IV. P. 
 
 ]n tlie hands ot before be was of the Age ot ir Years, and not 
 
 I he Chamber- j^gyj^g taken out the Mony, dies, having bequea- 
 
 '"jbie Ty the '" ^^"^ ^'^^ Mony to his Wife, provided fhe fhould 
 
 iiiiiband. not claim a Dower ; flic brouglit Dower againft 
 
 p. P. Brother of IV. P. her late Husband ; he brings 
 
 a Bill in Ch-tuctry to make difcov^ry of the Eftatt-, 
 
 and to compel her to relcafc Dower or renounce the 
 
 Devifc. 1 he Quellion is. Whether the Mony in 
 
 the Court of Orphans were devifable or not. 
 
 Pf?r Lord Keeper Bri4gma?Jt 'twifden and IVild^ 
 it is a thin^ in Aftlon and fo not devifable j the 
 Cuftom of Orfbam is when they are under Age, 
 they find them Mony for maintenance while they 
 are under Age, and no more ; yet when the Orphan 
 comes of full Age, or the Female marries, it is caft 
 up, and the Intereft is fully paid. In this cafe it 
 was the Lachefs of the Husband that he did not 
 recover it ^ for by the Cullom it is to be paid at the 
 full Age, or marriage of the Female Orphan ; and 
 the Cuftom is upon the marriage of Orplians, to ap- 
 point the Common Sergeant to treat and take Se- 
 curity for the Orphan, x Ventr. 140. Vhea[ant*i 
 Cafe. 
 E<ecuto:8 to It is the Cuftom of Z,ofc</o», That if any Free- 
 tiiid Sureties to j^an of London devife a Legacy to an Orphan, 
 pay a Legacy. ^^^^^ ^j^^ Executor fhall be conltrained to find Sure- 
 ties to pay the Legacy according to Law. Quare 
 If this Cuftom be good, for perhaps he fllall not 
 have AflTets after Debts paid, i Rol. Rep. :; 1 6. 
 
 As for the manner of Process, Summons, Condi- 
 tions of the Bond for exhibiting an Inventory, the 
 Appraifemenr, the Security^ Bond (if the Mony be 
 not paid into the Chamber,) &c. Vid. Lex Londi- 
 nenfis., or the City Law. 
 ...:•, J The Cuftom of London h, That if the Father 
 
 advance any of his Children with any part ot his 
 Good?, that they (hall bar them to demand any 
 
 farther
 
 C8e %m of €a?po2atlon0. ^,^9 
 
 farther parr, unlefs the Father under his liand, or The Cai^om ^'^ 
 by his laft Will did exprefs and declare that it was Lova'on as ro a 
 but in part of Advancement, and then that Child f^'ccmaa'iWiii. 
 (o partly advanced (hall put his part in Hotchpot , 
 with the Executors and Widows, and have a full ** 
 
 third part of the whole, accounting that which was 
 formerly given to him as a part thereof, and this Iz 
 that which the Civilians call collatio hmruns. 
 
 Some expound the Cuftom thus. 
 
 If a Man has tv/o Children, and gives to one of 
 them loo /. in part of his Advancemfnr, and then 
 dies worth 900/. inxhis cafe the Wife, the llTue 
 not advanced, and the Executor (hall have but three 
 equal parts of the 900 /. z>izj. xoo /. apirfe, and 
 then the 100/. Co given Ihall be in Hctcbpot be- 
 tween the Children, which my Lord Coke conceives 
 cannot be ; for then there fhould be no equality a- 
 mongft the IfTues, as the Cullom doth require. 12 
 Rep. 11^. 
 
 By the Cullom of Loudon a Freemftns Widow The Cu3om of 
 may require a third part of his perfonal Eiiate, at'rer Londo7i as tc 
 his Debts paid, and the Funeral dilcharged, and his » Freemans 
 Children may require another third part thereol, P"^°"*' ^'^*^^ 
 and he may by his Will give awiiy another third, 
 parr. But if he have no Children^ the Widow 
 may require a Moyety of his perfonal Eftarc. Bat a 
 Freeman in the time of his Sicknefs cannot give a- 
 way any part of his Eftate. If a Freeman die with- 
 out a Will, Adminftracion fhall be granted to his 
 Wife, and (he will claim one third part, and one 
 third muft be divided amonil the Children, and the 
 other between the Wife and Children, and ufual'.y 
 the Widow is allowed two thirds of the Freemans- 
 Edate. Voluntar]^ ai'^ 
 
 The Father of a Freeman of Londm p3»{]"efi;'d of %'"^"°"^ ^^ 
 a Term, z(\]gni it by Deed to his Sen for a Pro- f.^k^f fv-!."*^ 
 yifion, and dies the Moilier frcs in Chancery /or y/i;:. of her
 
 i-jo Cftc Lain of Corporations. 
 
 the cuftomary parr, and upon Ifiue tryed before 
 HaUy the Wife fhall not be bound by this volun- 
 tary Eflate, but that fhe fliall be entitled to the 
 cuftomary paft of it 5 the lame as to Goods. 
 
 CAP. XX. 
 
 Cuftoms of London as to Apprentices. 
 
 Where^ and in what cafes a Freeman of London 
 may ufe a Trade to which he was not yipprentice^ 
 and where, and in what cafes not. To what 
 Covenant Sy Apprentices are lyable by the Cuftoms 
 of London, and how pleaded. O'-e may bind 
 himfelf Apprentice at the Jge of fourteen. T» 
 bring AEiitn at Common Law general y and to 
 maintain by Ctt^om if a Departure. A By- 
 Law cannot make the Bond or Covenant void. 
 The Cuftom as to the Inrollement of the Indttn- 
 ture. Of a Turn-over. The manner of alledg- 
 ingCufiomt and not laying ZJfage. The Char- 
 ters of London not any dijpenjalion with the 
 Statute 5 Eliz. c. 4. of Trades. No Freeman 
 to imploy one in a Trade that had not been Ap- 
 prentice. Concerning the Mafiers making the Ap- 
 f entice Free. A Prefident as to the Cuftom of 
 London, that if the Apprentice be not inroUed 
 by the Mafter he may fue out his Indentures^ and 
 the Apprentices petition in French to the Mayor 
 and Aldermen. 
 
 TNformatlon for the King and himfelf againft 
 JL Bag[l)aw, for occupying the Trade of a Gold- 
 fraift), not being Apprentice thereunto. Defen- 
 dant
 
 ^6e %m of Co^poiationgf* 271 
 
 dant pleads the Cuftom of London, that one being 
 
 Apprentice for feven Years, and made Freeman of 
 
 Lenclon of any Trade, may ufe any other Trade In 
 
 the faid City, and fhews he was bound Apprentice ^, p 
 
 to the Cordweyners, and (erved them for 7 Years^ n,an of Lt^,^J^ 
 
 and was made Freeman of London^ and To jufUfics. may ufc a 
 
 Exception to the manner of Plea was, becaufe he Trade to which 
 
 pleads that uti poffit any other Trade, and not ^uod ^^ *^' ^°^ ^f' 
 
 ufuf fuity and for that was relied upon ^^ Ediv, f""^"=^' ^"'^ 
 
 n r^ r ' ' 1 ty r -r^i t wpcre not. 
 
 4. 6. Prelcription ^uod fojjit turner {on V tough ^ 
 
 and doth not fay he had ufed to turn, ^c. is not 
 good. But this being alledged by way of Cuftom 
 in the City, and not as a particular l?refcription is 
 well enough, as every Citizen of London, may de- 
 vi(e In Mortwaine. The Recorder certified, ore 
 /e»«j,that there was not any fuch Cuftom generally; 
 the Cuftom is not that one brought up an Appren- 
 tice in the Trade of a Cutler, f^c. being a Free- 
 man of London, may u(e any othe*r manual Trade. 
 Bur one of a Trade who ufeth buying and felling, 
 may exercife another Trade of buying and felling. 
 Cro, Car. 347, 561. the King againft Bag^ja'w. 
 
 To what Covemtnts Apprentices are liahle hy 
 the Cuftom of London, and how pleaded, 
 
 BY the Cuftom of London an Infant may bind 
 himfelf Apprentice, acd it (hall be good^ not 
 lo at Common Law, 
 
 4Leo», 77. Cro.Eliz..6^i. Bold and WaUiis 
 Cafe^ 1 4 C^ 1 5 Car. 1. Covenant was brought a- 
 galnft an Apprentice by Indenture. Defendant 
 pleads he was within Age. The Plaintiff in his 
 Replication maintained the Action by the Cuftom ^^^ ^^ 
 of London, that he may bind himfelf at the Ageof j,jj^fglf ^ 
 fourteen. It was a great Queftion in thofe Books, prentice at tiic 
 and much argued, whether to bring his A6lion at Agcof i4yeais 
 ^ Common-
 
 lyi €fje tm of Co?po^ation0* 
 
 Common Law generally, and mainrain by a Cuf- 
 tom^be a Departure. Fer IVinJbam Juftlce and iti- 
 flier chief Juftice, it is no departure, being no mat- 
 To bring an ter varying from the Count, that being but fuppo- 
 A(f>ion atCom- fal, arid all was genera], this fpecial matter is a 
 mon Law gc- good iupport. Th« Gifi of the A6lion is laid in 
 !I^iain"V° ^-''^^^«. ^""^ fhe Title is the fame ftill, only the 
 Cuftora if ^a P^rfon eiiabltd. But by Tu^z/^/fw all thePrefidenrs 
 Departure. are to count on rhe Cuftom, as being the ground of 
 the A(5lion, and it is a departure ; but the Adion 
 was difcontinued. 
 
 In Allien of Covenant on ApprentiHiIp* De- 
 fendant pleads a By-Law in Londu7i^ by the Com- 
 mon-Council there, that if any Freeman took to 
 Apprentice the Son of an Alien, the Bond and Co- 
 venants (hall be void. Fer Cur. 
 
 By-Law cannot "^'^^^ '^ "° ^^^^ > f^'' ^^^ Common- Council can- 
 make Bond or not m^ke Bonds and Covenants void, but they may 
 Covenant void. infli(9: a Fine or Punifliment upon fuch a Maftcr 
 for taking (uch Apprentice. Moor 411. Doggrel 
 and Veck. 
 
 The Apprentice may at any time before one: 
 Year (if his Mafter doth not enroll the Indenture) 
 exhibit a Petition in French to the Lord Mayor and 
 Aldermen, and have a Scire Facias againft his 
 Inrollemenr of Mafter, to fhew why the Indenture was not en- 
 t-hc Indenture, rolled ; and if he doth not fhew a fufficient cauft 
 (as that he would not bring the Apprentice pverlb- 
 nally, as he muft, or fbme fu.ch caufe) then he may 
 fue out his Indenture, and be difcharged of his 
 Mafter. T aimer 361. 
 
 But this cafe is more fuily reported, t Rcl. Rep, 
 305-. and it is this. In a Writ of Error between 
 the Mafter and the Apprentice, they were at IfTue 
 upon the Cuftom of London^ and the Certiorari 
 awarded to the Mayor, and rhe Recorder certified 
 then, where any Man v/ithin the Age of 1 1 Years, 
 and not under the Age of fourteen, binds himfelf 
 
 by
 
 mjt latu of €Q^po2atioiw. %?} 
 
 by Indenture, in which are many Covenants; thefe 
 fhall bind the Infant although the Deed was not 
 inrolled before the Chamberlain within the Year; 
 but with this difference, That the Apprentice may 
 come in before the Mayor and Aldermen, and there 
 (hew the matter per Petition in French, tliat the 
 Deed is not inrolled within the Year, and upoq 
 this a Scire Factas (hall iffue forth to the Mafter to 
 know why the Deed was not inrolled ; and if upon 
 his default the Indenture was not inrolled, the De- 
 fendant (the Apprentice) may fue out his Indenture 
 and Diall be difcharged ; but if it was not inrolled 
 through the default of the Apprentice, as if ha 
 would not come to bs prefent before the Cham- 
 berlain, but abftnt himfelf, then he (hall not be 
 difcharged ; for the Deed may not be inrolled lin- 
 lefs the Defendant be prelent in Court, nde, the 
 Prefident wfra. 
 
 In Adion of Debt on Bond, whereof the Con- Tryal of tht 
 dition is to perform Covenants in Indenture of Ap- ^■""°°3* 
 prentifhip in Loidon. The Defendant pleads the 
 Cuftom of LoWc^w, that the Indenture (hall be void 
 if it be not inrolled within the Year, and this Cuf- 
 torn is traverfed, this fhall be tryed by the Mayor 
 and Comraonalry bv the Mouth of the Recorder, 
 Coke's Entr. JDek 144- 
 
 AiSlion of Covenaat was brought on the Cuftom Aa of Coort 
 oi London, that an Infant above 14, and imdef *§*'"/* '^P* 
 XI, may bind himfelf Apprejitice, and that the P'^°^"^"' 
 Mafter (hall have tale remedtum, as if he were xj , Tak remedium 
 its good, and he need not alledge that the Cul^om "'hat it implic?. 
 ts, that he (hall have Adion of Covenant againft 
 him ; for tale remeJium implies as much. A^fad. Rep. 
 171. Horn and Chandler. ' 
 
 The Cuftom of London is, to turnover an Ap- Turnover. 
 
 prentice from one to another, and he to whom fuch 
 
 Apprentice is turned over may have an A6lioQ of 
 
 Covenant upon (pecial liTuc on the (evcral breaches 
 
 T aHigned,
 
 ^74 ^l)^ ^^^ ^^ Cojpoiaiionjs* 
 
 afligned, and the Plaintiff in fuch cafe had a 
 Verdia. 
 
 Tho it was moved in arrell of Judgment 
 I. That Abfiraxit fe a jervttio i'o many 
 Nights, and during that lime did not fervc him i 
 but it being found againft him its good enougii. 
 
 X. It is faid he did not ferve according to his 
 Covenant, whereas no Covenant was made with 
 the Plaintiff, yet it is good enough, and the con- 
 clufion c^ jic non ttnuit convenctonem made with 
 the Plaintiff is as good as can be. I Keb. 2jo. 
 Bc'wcher^x\(^ Co(ier. 
 The irinncr of In Covenant it was laid, That every Freeman 
 tlledging the ^^y j^|^^, ^^ Apprentice, and that Infants may bind 
 Coflom, and , •' /• , y ■' 
 
 not paying tnemlclves to lerve. 
 
 Ufage. It was objefled, That this Cuftom was alledged 
 
 in fieri, not in faBoy for ufage is not added to it, 
 as the Cuflom of a Manor was laid to be, that every 
 Tenant potuit & fotuijj'et [urfum reddere is ill y fo 
 licet df licuit for the Lord to aflels a part, but 
 Curia contra, as old £w/r/M 14*. a Cuftomthat 
 every Citizen and Freeman might devife in Mort" 
 mam, allowed good, i Cro. 347. Rajm. Wind- 
 hurfi' and Gthbs. 
 
 It hath been a Qucftion often debated. Whether 
 an Apprentice, by the Cuftom of London, being 
 Bound, and Free of one Trade, may exercife ano- 
 ther, which is fettled in the King and Bagfmwi 
 Cafe. Vide fupra. 
 The Ch^ters The Charters of the City of London may not 
 of London not be any dilpenlation with the Statute of ^ Eliz>. c.^, 
 
 on^ wilkin^'lTe '^^^^ "°"^ '^^^^ "^^^ ^ ^'^^"^ ^\t\^oul having been 
 Statute *of 5 Apprentice to it fcven Years. As in Kilderbtes 
 eUz. c. 4. of Cafe, who was Indided at the Seflions in Suffolk 
 Trade?. for ufing the Trade of a Woollen-draper in H. in 
 
 the faid County for 3 Months next before the In- 
 dictment, he never having (erved as an Apprentice 
 to it, againft the Statute 5- Elt^. c. 4. which In- 
 a didlraenc
 
 diriment being into the King's Bench by Certtorarit 
 
 rhe Defendant pleads a fpedal Plea, that he li a 
 
 Freeman of London, and pleads the Charter of 1 j 
 
 H. 5. that the Citizens of London may freely jc^ 
 
 fine impedimento negotiate, de rehus & merchandifis 
 
 fuisj and may refide where they will in Erigla?)d 
 
 for that purpoje, and he pleads the confirmation of 
 
 the fdid Grant by Ad: of Parliament, and that be 
 
 did rcfide at H. prad^ cum cjuibufdam ntercimoniis 
 
 pannartts tmen d^ 'vevdtn*^ ^c. which is the fame 
 
 ufing the Trade of a Grocer, fiippofed in the In- 
 
 di6lment, and traverfeth, that he ufed the Trade of 
 
 a Draper for g Months mentioned in the Indi(5l- 
 
 ment, altter ^uel alio modo. And Judgment was 
 
 given for the King. For the intent of the Charter 
 
 is only to give Citizens and Freemen of London 
 
 leave to fell their Merchandizes, and refide where 
 
 they will ; notwithftanding fome Burroughs and 
 
 Cities claim a Liberty to exclude Forrr igners. Dier 
 
 179. 7. Rtf. iz8. I Sand. %i\. Std.^^iy. The 
 
 fame Cafe, and the Traverfe was held to be ill, 
 
 which goes to the entire time only, where it ought Traverfe ill 
 
 to go to every part of the time dtjlnbutivc ; for 
 
 if he had ufcd the Trade by one Month, tho he 
 
 had not ufed it for 7^ Months, yet he ought to be 
 
 convi6led for one Month, and acquitted of the 
 
 other, if the Traverfe had been rightly taken. 
 
 A Record was removed out of London m B. K. ^^ Frecrtianto 
 by Habeas Corpus^ and it was on a Debt on a By- imploy one in 
 Law, that no Freemen filould employ any Perfon a Tiade tlm 
 in any Trade which had not been Apprentice to ^^^ not beca 
 itj or a Freeman of London, and that the Defen- ^^"^^'^ *'"'■'" 
 dant had employed one in the Trade of an Uphol- 
 fterer, which had not iDeen Apprentice to it, and a 
 Procedendo was granted. Std. x6o, flayer and 
 TettlL 
 
 T a dmeri'
 
 Cfje iaiD of Co2po^ation0. 
 
 Concerning the Mafier's making the Appren- 
 tice Free. 
 
 IN London, if any Mafter fliall refufc to make 
 his Apprentice Free, when the Teim in his hi- 
 denture is expired, upon Complaint thereof made 
 to the Chamberlain, he will caufe fuch a Mafter 
 to be fummoned before him, and if he cannot fliew 
 good Caufe to the contrary, will majce the Ap- 
 prentice Free. 
 
 In other Corporations he may h-avc a Mandamus 
 to be dirccfed to the Mayor, &c. to make him 
 Free^ if the Mafter refule to do it. Toivnjmd's 
 Cafc, Ray 69. 
 
 So it was in Norwich, Hill I y, 16. Car, i. 
 
 In To'ivnfend'^s Cafe, the Mayor and Commonal- 
 ty of 0*/br// returned to the Mandamus, 1 hat if 
 any Perfon binds himfelf to be an Apprentice, lie 
 is by the Courfe of their Corporation to be in- 
 rolled ; and Tcwnfend bound himfelf Apprentice to 
 C. by which he covenanted he would not contradl 
 Matrimony during his Apprentifhip, and that the 
 Indenture was enrolled, and that he within the firft 
 two years of Apprentifhip did marry^ and after 
 this he ferved as a Journeyman rather than as an 
 Apprentice. 
 
 Two Exceptions to this return. 
 
 I. Tho he covenants he will not marry, yet if 
 he marry this is only a breach of his Covenant, 
 but not any caufe to bar him of his Freedom. 
 
 1. This return, that he ferved him rather as a 
 Journeyman than an Apprentice is uncertain, and 
 not pofitive. Raym. 92. 
 
 €t
 
 €J)z lato of Coipo^ationgf* ^77 
 
 E€ p^cd €. €. j^ €. f. 3tto^ ruum ben' 
 ^c, ^ Die' qiioln pti J* Ht. actio non, f c. 
 quia Dtctt quoti cibita^ 3lonti e(T antiqiia w 
 \iita0 in qua qKiDem cMtat ta\i0 l)tiut ^ 
 a toto tempore atiu£( contrarii mcmo^ia Ijo. 
 minii) non criRit l^efiatur confuctutio ufitae 
 f app^o&ae <auoti (I aliquijpi ponit fe 3ilp-' 
 p?cnticiu) alicui iibcro fjomini Cibitae lonti 
 ,p tcrmino feptcm^nno^ bcl anip!iii*3? ah he^ 
 ferbicnij f)u jurmotit litieco f^amm in arte ilia 
 qua lifter Ijomo i&t utitur ^ ipfe iDem litier 
 ijomo infra p,:imuni 5finnuin 3tipp2entic' non 
 p;ocuraberit eund ^Cpp^ent* irrotuiari ant 
 faltem notare ^Ingliee noted feeunlium anti> 
 quam confuctuD' tiictc €ibitai? co^am €ame^ 
 tarto aut fubeamerar eibitatijs Lonb ^ tcm^ 
 po?e erilien' in camera cibitat* p?eiJ fcituai? 
 in J^aroctia ^ancti iSn^kti^ 'Baffiiftalu in 
 CJUarDa lie 25ani(t)aU) infra <ffitiitai? pjcU 
 quoti tunc ibem 3(lpp^enticiu0 poHiterljibere 
 petictonem fuam £l^aio^t $ ^Itiermannijar 
 |ij Cibitae ,p tempore eriOen' in <Curia tiict' 
 Dni) iI5egijf cojam ei^ in Camera (iJuill^aE 
 LontI in pa parotic ^ancti 09,25. in J©arl)a 
 tie 25* p^eU a toto tempore p?eli tent' p^oinDc 
 petentf quoti ipfe iDem 3llpp2enticiUjBi polTit 
 cronerar berfujf magiftrum fuuni De refitiuo 
 termini ^lipp^entitii fui tunc bentuc ac quod 
 committatur alicui alio p^olio biro cjufDcm 
 artije? qua ibem Q^agiffer utefiatur aD be^ 
 ferbienii refig termini fDicti. €t fuper pe- 
 ticon' ilS ut p^efertur er^ibtt' att peticionent 
 gu^ufmodt ^pp^enticii in peticione iir p 
 eanDem curiam p^ecipecctur ferbien' aD da- 
 bam $ miniltro Curie pb* quob ipfe fecuntj 
 confuetud bicte Cibitat' p^emomcionem re^ 
 € 3 liuquerct
 
 €bc LaU) of Co]po^at(onfJ. 
 
 linqncret apiitJ tioniit) inanconar fjujufniotJi 
 
 Per ill pcticionc ilia noitiinat' lie petition' 
 
 p:etj Vjccfujef euntiem fic nt pjefcctur cvfjt. 
 
 bit' eUcnti aU p^ov' curiam Dittt Dni* Hegi^ef 
 
 in Camccn 45iiil()ar Cibitat' p?ctj cojam 
 
 aBaio?e^iaiaermnnni^3tomJ pjeDirt' cxhmc 
 
 tcncnti aD rcfponii qucr m peticionc ill' Dc 
 
 placiro in eaU Ipccificac* €t fi idem fcrbienjef 
 
 aD cla\3am eiti' curie Cerrificaret (luoU ipfc 
 
 p^emonicioncm rcliqiut apuD tionuun fit^an- 
 
 fionar l)iiiurniotii K)cV De ^cricicne p^eb' 
 
 2 ta f]UOb itsrm Ccf* elTet a6 tJictam pjox*' 
 
 curiam tiicrt Pht) f!egi*J in bicta Camera 
 
 a3uilDf)al'€ibirat' pjebm'co^am p^efn* 219a* 
 
 jo;e $ Sillberman' fenenti. €t ftniufmobi 
 
 jDefenb' ab Cur' ilia) actre^f aliaiCur'bicti 
 
 ^nl ilegio' co:am p^cfaf ilt^ajoje et 3llber.- 
 
 niannii^ Cibitaf p2ca cP tempore ertfifeu' in 
 
 camera p2etJ feperatim tunc ;pc'tenenb' tiibel' 
 
 ab <Quatuo2 Jmiufmobi Curia0 roiemniter' 
 
 tract nan lienerit k^ bcfalf feeerit quer in 
 
 tab' peticone ab quamii^j earunbe) curani) 
 
 eompnrcn' % eab' bcfair fup bict befenb' reco^ 
 
 bat' flier' c)uob tunc ab earunti quatuo: curi- 
 
 £irit) ab peticone) IminrmobiODuer'precfperent 
 
 lUijurmbifertJicn'abclalja) ac miniHro (fLUv 
 
 pb' quob ipfc fcirc taceret pfaf bef enfenti ab 
 
 3)1*' curiam bicti Dni^ Ecgi;^ in Camera 
 
 a3uilb!jar CiViirat' pbict' co^am i^Bajoii ^ 
 
 3lberm,2nnij^ Ci'oitaj" jpbict'tenrntfcnicnbcnU 
 
 fi quibrp fe IjaOeatljei biccre fciat quarc Iju-- 
 
 lufmobi 3Slpp;cnt' penitiisJ non eroncretur 
 
 \jerfu^ emibem befenb' mafriftnim fuum be 
 
 refib' termini Qppientieii fui ab tunc toen^ 
 
 tilt. <gt ft ibem tcrlJien) ab ciabam dti' au 
 
 tie abtunc certincarct quob ipfe ^cire fee' 
 
 §tav t)d' in peticione p:j CsTeitb' llnb" in eab' 
 
 ^ curii^.
 
 \ 
 
 C6e Lalu of (Ii:o?po^at(on0; ^7^ 
 
 curia $ pti htV ad curiam iilam folcmpnif 
 craa' non com^uit fcti tiefaif frccrit at) pett< 
 cioncm ^ti ^pp^cnt' in pcttcione j^ti p can^* 
 curiam abjuDicafiitur quod ipfr app^cnticiu^ 
 pcnituj^ cjconerctur bcrfus? pbict' Dcf ' ma? 
 giaru) fuum tic refid' termini fui ^bict' tunc 
 Dcntur' $ quod committcrctur alicui alio 
 $ibo gomint ciufdcm artiies qua idem iSX^agiS^ 
 utcBatur ad defcrlJicnd* rcfid' termini fui 
 pd ^ idem quer' dieit quod coufuetud' p^ed* 
 i omne<ef confuetud' CibitatiiSf $d' ^fiutljo^r.- 
 tate 5^arliamenti i:>ni) iHicljardi nup l^egiir 
 QHnglte fecundi poOi conque^um %ngX ^n* 
 liegni fui feptimo apud i©cltm' in Com* 
 Hlpiddlefer tene tunc Si^ajo,:' f Conimunitat' 
 dicte €iUitati0 ^ ig>ucceiro?idUfir fuijef lUatifi- 
 cat' ^ Confirmar fuei <!5t idem qiier ultcriuitf 
 tilt quod ipfc idem quer lo die 'Hlugudi ^In* 
 no Jlegni dicti H)nt) HJegi^ nuper a 4 fupra? 
 diet' apud London pd' in ^atoc^ia $ Jl^arda 
 ^dict* pofuit fc 31lpp?entic' p^cfat' Defend' 
 p oao anniiflf mo^e 3Cpp^cnticii deferbiend' 
 modo % fojma ,p ut defend' |j narrationem 
 fuam pd* fuperiuif allegabit quodq; p^ed* 
 def ' iufra p2imiD 3innu) termino pti SCpp^en^ 
 ricii pd' ditto quer non ^curabit dittum quer* 
 irrotulari ncc notar' (^ngiifc) marked fe* 
 cundum confuetud' p^ed' diet' Cibitatiie? co* 
 ram camerar' bel futicamer' Cibitatijaf p?ed' 
 $ tempore eriffen' in Camera Cibitat* p^ed* 
 in ^arocfjia ^ J©arda pti ut pfertur criflfcn' 
 <St idem quer' uiteriu^ef hicit quod fupinde 
 pofitca fcil' 7 die 4^ctob?ii0 311nno 0egni, ^e. 
 28 ad Cur' diet' iDom' llegiief in Camera 
 a5uif|at Cibitat' £ondofi) pti fcituaf ^c. 
 cojani ^. ^. a^ii' tuncHl^ajo^e ^ tunc aiders 
 mannije? dictcCibitat' Sondot^ fecundum con^ 
 fuetuti Cibitai' pU a toto tempore pti ufitae 
 
 C4 f
 
 i2f COe lalu of Compositions). 
 
 $ npp^oftae tunc ttnt hian^ qucr in ^p^ia 
 pfojia fim bcn'f tunc ^ ifiiti frJjiftuit a^a* 
 jo2i (f 3Clbermanni^ pU $ curie pu pcticion' 
 fuani fccuntinm confucruti pti Cibitarij^ pd 
 bf rfujtf Ditt' Dcf ' macrifiru) fuii) cujujtf quiDcm 
 pcticoni^er tcno? fc()Uttuc in Ijcc Dcrba. 3111 
 ^ono;ablritf $ ttc^ fagcjef ^cnio^' \c0 2t9ajoj 
 ^ ^dibermann^e? Del Citpe be Sontireid? mon^ 
 fire tte0 fiumBlcmcnt €. C filiujtf ^. C. be 
 ^c» que il ieifc [Plaint cnber^^ %^. Citizen 
 ^c. be ceo que come ic jour tre Sloufi en Tan 
 bel |[)om' 167^. $ en Tan belrapgne bel no^ 
 fire jRop Cfiarlcjtf Je i» t8 en ^arorljia be 
 «^anci? €lj2ifiopftec be JLonbrejef tofire bit 
 fuppi' p un 3;nb' be $lpp2entin)ip ia bontp 
 fuit ipe be run partp ^ ie abanbit 2. ^. bel 
 auter partp riun ptp be quel 3!nbene obefriff 
 ic ^eale be bit 3^* enHrale nofire hit fuppr 
 icp monfir' a! Court) mifi lup nicfme 3p^ 
 prentice (folonquetf le Cufiome be la €mc a^ 
 lianbit) al bit 3I. ill* aboiirp efieantun franft 
 fjom' be la citie f la ^ocictie bc0 (J^^occr^ 
 bein^ la vHitie ufant pour appienbre ie Qrt 
 que bit % it. abonqncjtf ufa $ o\JcffK iup en 
 manner be fon Sllpp^ciiti? a bemurrer ^ be 
 ferbier a ie fcH bel Annunciation fteatcSr^aric 
 jfa iDirsin abonq? barraigne palTe bcbant ic 
 Hate tjcl trit 3iutJcntiir tancB al fine $ tcrme 
 tK^ ^uit ai\0 fibonrn ^pcl^ein enfunnt $ ple^ 
 ncment accomplice^ come p Ie bitginbcnture 
 b* $Cpp?entifhip po:tant bat' ic jour ^ ann 
 abanbit pfu-af pic ncincnt r.ppiert le quel bit 
 <§. it a\iiV\tiit I o jour be ^icitfi ie 3i!rt be^un 
 45?ocec bcin^ le Citn abanbit cefiarcaboir 
 en ie ^nrif!) a\3ajtDtt't!ra nicnt mcin^f ie bit 
 5. il. nc ab caafa Ucflrc tjit liippi' bcfire ctx^ 
 to\k tc)^ant ia CgamBerlcin be !a bit <ffitie 
 
 en
 
 •^fjc Lam of Co?po2ation£f . ^s i 
 
 en la Cljamb^c tic mcfmc la €itk hcin^ k 
 pjimier aUnn be fon icrmc De 3(lpp^cntic' 
 aUantiit fcIonqR^IaCunomc Uc ia Citie aban=^ 
 hit ^ put tto i\ poit plcafc a toouv? tre^f j^o- 
 no?aaiciSf $ trcfagcsf ^eigno^^af a toQrc fagejtf 
 ijifcrecofi a o^ticincc f aDjiibger que botre 
 bit fuppP pur ie Cafe abanbit pott tttte 
 ouftrcmcnt Difcljarge enMet^ Ic bit % it, 
 bcl rcfibue Del abanbit terme jamais a 
 \)timt foionfp leCuRonie be iaCitic abanbit 
 ^ rjue i\ peit efire commifT' a un auter (uU 
 ficient franft Ijome be ia abanbit Citie be 
 3lonbre^ ufant Ie 5firt bel un <^?ocer beinjg? 
 Ie bit Citie ^ ceo pour i'amour be K)im ^ en 
 Ijono^ bel Cgarite* €t tunc ^ ibid ibem €♦ 
 C fecunbum confuct" Cibitae pd a toto tem- 
 pore fuju^ a^e, ufitae f app^oliae inbenit 
 pleg' ab .pfeauenU peticionem fuani (bi^) 
 3f. Poe $ 0. Hoe ^ tunc # i&ib' polo fuo % 
 @)» 3Ilttojnaf fuutti fup quo ab eanb' ruriam 
 fo^am a^ajoji f 3fil5ermanniief p^cb fccunbO) 
 fonfuetub* Ci^itae p?eU ab peticionem p?fb' 
 €♦ ^, 2Ctto]n' fuuni pb* fact precept' fuitab 
 tunc $ ibiii p eanbem curiam cuibam 31. 36^ 
 ferbicn' ab claba) bicto^ jJr^ajoji^ $ 3£!ber.' 
 maiuio^ ac Sj^iniHro Cur pU qiiob ipfc fe- 
 funbum confuetuU bittc Cibitae pmonicic- 
 nem retinqueret apub bomuni mnncionalem 
 bict' % !!♦ be peticione pti bcrfu^ ipfnm 
 cunbcm % M. fie ut pfertur erf)ilnt' gta 
 quob ibem % l^titti ab pjor' curiam bicti 
 l^nx^ Ee0ij0f in bitta Camera <Suill)ar p^cb' 
 Cibitat' Lonboi!) co^am fli^ajoje ^ 5llber^ 
 manniitf Cibitat' eU 8 bie mtnii^ <©a:oD2* 
 tenenb ^c. ab refponU pfaf €. m pfacito pe^ 
 ticioniifif fue pb* fecunbum ronfuet' cibitatijsf 
 pb $ ibem bic0 tunc ^ iDiU bat fuit p^^efat? 
 
 31. m
 
 2»X 
 
 Clje LaUj of Co?po]atfon0. 
 % in piacito pU nb quam curiam Diet' ^i\l 
 llicgi^ co?am ^aio?i at 3Clticrman' in pjcD' 
 camera (^uilljal' Ci^itai* pti c oij 8 Die dDct 
 obfM>0f tent hia\i0 <€. p 2fitto?i!) fuum pU 
 comparuit $ optiiUt fc tjcrfu;^ p?efae ^. in 
 pinciro j^d fupcr rjno j^ti fcrtoien' ad claUam 
 ac mmir^er Curie ^U aD eanbem curiam ph* 
 reto?na\jit $ ccrtxfica\Jit eid' Curie quoli 
 ipfe Ditto Die (^ccohf 3IInno Dicti ^nD ncgi;fl{ 
 nunc 28 rup?aDi£to j^monitionem rciiquit 
 npuD Domum iH^anrionaicm Dicti 91 1^!)^""!^ 
 fcituaf ^c* Ita quoD iDcm % efTct aD Dirt' 
 Cur' Diet' ^n^ BcQi0 in Diaa camera <l5uil^ 
 i)al Ci\3itae p,2cD' co2am pjefaf a^ato^i ^ 
 SIllDermannijSf Ditto 8 Die <Bcto\^f 311nno i8 
 p?eD' tencnD' aD qucm Diem 51Dem €. p 
 3Jtto?naf fuum p2cD' comparuit $ tunc f v 
 DiD' optulit rcbcrfujsf p^cfat? %in piacito pe.- 
 ticoni^ fuc p2fD' fupcr quo aD canD' curiam 
 Dicti t^wl 15cgij9f co^im pjefae £l9Ajo^2i f SHI- 
 Dcrmanni^ CiV>itati0 pjcD' in Dicta camera 
 <auiil)aE CiDitat? p2eD' Ditto 8 Die ODito&r 
 31lnno i8 p2eD* 31.1!$. aD peticonem p,^cD'3Ilt. 
 topj) p2eD' S' folempuie cract? fuir ^ non 
 comparuit fcD p^imam tunc ^ ibiD fecit De? 
 fall* ^c. ^c? (4 defaults) que quiDem quarra 
 DefaVt p^efae % aD tunc ^ ifiiD' aD eanD' 
 curiam flecojDae fuit pofif qua.s? quiDem qua^ 
 tuo2 Defalta.^f fup p;dat 3!. fie ut pfertur 
 0cco:.tjar ac peuconem Dicti €. p §lltto^a) 
 fuum p2eD' faci" ()}i$.) aD Curiam Diiti B^om' 
 iict^i0 C02am ^c. tenf piecept fuit quoD ic 
 cunDu) conCuctuD' CiUirae p^eDict tunc ^ 
 ibiD aD curiam ^D pfai' fcibicnti aD Clabam 
 quoD ipfe fcmnDum confuctuD' Cibitai? p?eD' 
 pmanerct f certificaret pfaf e(T:nDi in Cur 
 Diet: %,n}) itesi0 in camera <Q, Cibitaf pU 
 
 rcjam
 
 C&e tatu of Co^po^atfoiifif; 283 
 
 comw jp?cfat af ajo^i ^ 5llltiGrmannii9f €ibi^ 
 tae pjeD' titc Dictt mcnfiitf €)a:oD^' CencnD' 
 atj oftcitti 6^ tif monRranb' fi qutlJ $ fe t)€tn 
 am dicere tciret quare pjcti' €. pcnitu^ non 
 ejroneretur \ittiu0 p?eD' g|. $t» magiRnt) fiio) 
 tic rcfiduo termini ^pp^enticiaiitati^ fuc aD 
 tunc tJcntur ^ quili iticm Tcrtiicn aD clabam 
 fufiinlic faccrct tin' curie tunc ccrtiFicaict atJ 
 quam quiUcm €ur biai ^om' ilicgi^ tiicco 
 hit menfij6f €)ctob?' 311nno ^8 p?clJ' f02nm p- 
 fato Sl^ajoji $ QIDcrniaimiiSf m Ditra Camera 
 <0. €i\)itai? pjcD' tcne tJiauje; fcruirfi aD da- 
 bam rcto^n ^ ccrtific abit cib' curie quoti ip^ 
 fe birtutc p^er cpti p^eti* fifii tiirece i o Die 
 mcnfi^ <©ttobc' 3Cnno 18 fup^aDir^ co?am 
 p^cfat Sr^aiof ^e. quoD p;emDmiit $ %th 
 vt feeit p^efat 3i' 5^- cltenD' ibid' in Dicta Cu- 
 ria Diao bic menfijgf Octob?' ^nno 28 p^cD' 
 co^am pjefat 2t9aio2i $ 2CIDermannii^ in 
 Dirta camera <0. cibitatiiSf p^^cD' ttut p?out ct 
 pjcceptum fuit $c. ^uper quo aD canD* Cur 
 DictUitf €. C. per 311tto^ fuum p^cD' optuiit 
 fe terfuja? p^efat 3f. 1^. in ptaeito pjcDice (tc 
 ^ p:cD 3|» fe. aDtunc $ i5iD' aD canDeni Cu^ 
 riam aD pctieonem Dicti 3£tto?n' Dicti % 
 $1. folempniter eraci" fuit $ non comparuit 
 IJDeo tunc $ iftiti fecnnDum fonj§ Cibitni? 
 pjeD' a toto tempore cujui^ ronrrarii mciiic- 
 ria Jjominum non crifiit ufitat ^ app^obat 
 tonfiDeratum fuit per eanD' curiam qu oD 
 p?eD' €. C penitUifJ croneretur ticrfu;^ p:f= 
 faf % ll. majiflru) fuum De p.^eD' rcHD* ter? 
 rnin' 3i!pp^entifiaiitatij0f fuc tune beniui* fe.- 
 cunDum fojniam peticionij9f fuc p;eD' ac eon* 
 fuetuD' Cibitati"9? p^cD' p20ut per Eeco^Dum 
 inDe pleniuisf liquet ^ apparet raeionc mju0 
 Diet C C. port juDicium p^cD' Dicto Die 
 
 €-(tofi,:ijef
 
 i84 ^ftc tlalu of Co?po?at(on£f* 
 
 <©ctob?iitf 3Enno 28 p:th ^ continue Qhiiv 
 tie uffp feipfuni a fectoituc pjcD' 31 clonic 
 liat p?out ei Dene liciiit abftR Ijoc quoD idem 
 C rccedefiat feu Ceipfum elongabat n fee* 
 tjitio p?eD' 3[. ante julticium pjed' moDo f 
 fo^ttia p^out p?eD* quec fuperiujef berfu^Gf 
 cum narcatit <Ct l|oc f c» Cum !)oc qunD 
 itiem €♦ tjerificare tjult quoti p?elj' % m. 
 in natr p?cb' nominal ^ pjcD' 31* fe. in Ee^ 
 co^lio p?cb' fuperiUitf nominal cH una ^ 
 eati» perfona ^ non at neqpi Dibecfa quibq^ 
 p^eb' €. €. in narracone p2eb fuperiu^ fi:^ 
 milie nominae eft una $ eab' pecfona $ non 
 alia necB Dtl:)ecfa. 
 
 CAP.
 
 C6e Lattt of Cojpojation^* 
 
 CAP. XXL 
 
 Cuftoms in Inferior Corporations, 
 and fome in London. 
 
 In Lichfield, for a certain QjtanUty of Corn of thofe 
 that brought Grain to the Market. Gravefend, 
 not to tranffort Tajjengers without their Licence. 
 Briftol, conceflit folvere. Salisbury, ofajfaulting 
 an Officer and others. Shrewsbury, to imprifon 
 for Contempts at their Difcretion, Norwich, 
 fVharfage and Crainage. Toll-thorough Nor- 
 wich. To give the true Debt to the Plaintiff, 
 though it be upon a Bond. Tewksbury, a Di- 
 flrefs on Tax to repair a Bridie. Exeter, For- 
 feiture for reviling the Majfer and IVardensj 
 and Sale of the Goods on Non-payment. Trini- 
 ty- Houfe in Deptfgrd, A good By-Law ^ but not 
 made by fufficient Authority, ffhen and in what 
 Cafes By-Laws fiall bind Strangers. The Diffe- 
 rence between making and ufing of a Trade, 
 JVeightng Goods at the Common Beam. 
 
 LICHFIELD. 
 
 IT is a good Cuftom, that the Corporation of 
 Lichfield had had a Market there time out of 
 memory, &c. and that the Corporation ought A certainQuan- 
 to repair the Way to it, and to appoint a Bell- man tity of rhofe 
 to (weep the Market-Place, and in Recompense of '^^^ trough!: 
 this the faid Bell-man, time out of mind, of thofe ^^l^"" '^^ 
 that brought Grain to the Market and unknit their 
 Sacks there to fell it, had ufed to take a Pint of 
 Grain,if it be but a Bulhel or under j but if it were 
 
 above
 
 zS6 ^bc X^aiu of Cojpo^atioiij?, 
 
 above a Bufliel then a Quart to the life of the Paid 
 Corporation. For the Men who are chargeable 
 with it have a reafonable Benefit by ic. i Rols 
 Ahr. ^"6 1. Hill and Hawkes. 
 
 GRAVESEND. 
 
 r It is a eood Cuflom, that the Corporation of 
 Not to tranl- / m i /• j .• (.• ■ • 
 
 port Paficngtrs Gravejend had uleo time out o\ memory to mamtam 
 
 without the a Barge fpr Paffengers between Cravefend and 
 Licence of the London, and that no Foreigner ought to franfporc 
 Company ol r^^y Perfon from Graveftnd to London without Li- 
 ^"'""^^^ "' cence of the Company of Watermtn of Gravefend. 
 ravijin ■ pjjjcpck and Sandcn, ibid^ 
 
 J ■. i -i V» 'i' V 
 
 '" '■ COLCHESTER. 
 
 A Cuftom Was alledged in Colchefier to be, that 
 no Artificer, being a Foreigner, might ufe a Trade 
 within the Town. It's a void Cuftom by two 
 Judges agalnft two Judges. Carters Rep. 114, 
 Mayor and Commonalty of Colchefiers Cafe. 
 
 BRISTOL. 
 
 Judgment was given in Court of the City of Bri- 
 fiol : The Cafe was, B. was Plaintiff again fl: IV. 
 in A6tIon of Covenant, and declared of a Cove- 
 nant made by Word by the Teftator of IV. with 
 B. and declared alfo that within the City there i» 
 (lich a Cuftom that Conventio ore tenus fa^a fliall 
 bind the Covenantor as ftrongly as if it were made 
 by Writing. But Per Cur"* that Cuftom doth not, 
 warrant this A(5fcion j for the Covenant binds by 
 Cuftom the Covenantor, but doth not extend to his 
 Executors, and a Cuftom (hall be taken ftrittly. 
 and thejudgment was reverfed. 1 Leon. z. IVade 
 and Bemhee, 
 
 SALISBURT, 
 
 CoTwani by 
 Word.
 
 ^^z HatD of Co^poiatioitj?. 2§7 
 
 SALISBURT, 
 
 In Trefpafs of Aflault by Jerom. and Aviu bis Affaultine an 
 Wife, and the Aftion was laid in Middlefex. The officer and 
 Defendants pleaded, That Salisbury is an ancient other. 
 City, and that within the ^me there is this Cuftom, 
 that if any make an affray and aflault any Officer of 
 the laid City or any other, if he upon whom any 
 fuch Aflault is made complain unto the Mayor of 
 the faid City, that the Mayor for the time being 
 may (end for him who made the affray as a Juftice 
 of Peace to make him to anfwer to it, and fliewed 
 farther, that the Plaintiff made an affray within the 
 faid City, of which Complaint being made to the 
 Mayor, the faid Mayor fent the Defendants, being 
 Conftables, to bring the Plaintiff to him ; by Vir- 
 tue whereof they went to the Houle of the Plaintifl^, 
 and fignified to him the Commandment of the faid 
 Mayor, and would have brought the Plaintiff to 
 him, and the Wife of the Plaintiff did aflault them ; 
 and they moUtter put their Hands upon the (aid 
 Wife, d^-c. And the Plaintiff demurred, i. The 
 Cuftom is not good or reafonable. 2, To be a Ju- 
 fl:ice of Peace doth not lie in Prefcription ; for not Cu/lotr, laid 
 one Juftice of Peace was before the Sat. of Ed. 3. **^° generally. 
 and then the Commencement being known^ there 
 cannot be Prefcription of it. 3. Admit the Mayor 
 was a Juftice of Peace, yet he cannot determine 
 any thing out of the Sedion. 4. The Prefcription 
 is that the Mayor might fend for him in fuch cafe in 
 any place within England. 5. It is not (hewed 
 that they o( Salisbury have a Corporation fo as they The Corpors- 
 mlght be enabled to prefcribe. Fer Cur"* Judg- tlon h ncs 
 ment was given for the Plaintiffs ; for the Plea was fliewed. 
 held naughty for that the Cuftom is fo general, and 
 alfo for the tourth Exception. l Leon, f. io6, 
 
 SHREWS'
 
 ^88 ^bt laU) of Co^po^atfouiS, 
 
 SHREWS BURT. 
 
 In falfe Imprlfbnment the Dtfendant juftified by 
 Prelcription, that they have ufed if any Perfbn 
 within their Town contem-ptuofe fe gfjj^nt againft 
 the Bailiffs of the faid Town, or any Warden of 
 any Trade there, to commit fuch Perfon to Prifon 
 for the Sp^ce of a Diy or more at the Icaft at their 
 Dikretion : and (hewed farther. That the Plaintiflf 
 did misbehave himfelf /^w fatlis o^uam verhjj againft 
 the. Wardens ot fuch a Myftery. in the faid Town, 
 d^c.. and when the BalhflPs /«/?tfr cfueremoniam inde 
 ets faciam fent for the Plaintitt, he would not come 
 to them, but misbehaved himfelf againft them tarn 
 dibits quamfacHs, for which they did commit him 
 to Prifon, &c. The Plaintiff demurs, and had 
 Judgment, for this Prefcription is not good, for ic 
 To Imprlfon '^ f°° ^^""g^ ^^ imprifon Subjedfs at their Difcrction. 
 Subjefts at alio they have fet forth the Offences of the Plaintiff 
 tbfiii- Difcre- generally, 'viz,. not behaved tarn fa^is tjuam di" 
 tion. ^Ij^ without alledging any Misdemeanour in cer- 
 
 tain. 2 Leon. 54. Collet and the Bailiffs of 
 Sbrtwshury. 
 
 l^ O R W 1 C H. 
 
 Adion was brought upon the Cuftoni of Wharf- 
 Wharfage and age and Cranage in the City of Norwich, the De- 
 Cra«age. claration fets forth, That they hafe a ccmmoa 
 Wharf and a Crane to it ; and then they (et forth a 
 Cuffom that all Goods brought down the River 
 and pafling by fhall pay luch a Duty. This Cu- 
 ToU thorough, ftomis not good becaufe it is ToU'thorough, which 
 is male lolnetum. If they had unladed at any Key 
 they fhould have paid it. Or it the Declaration 
 had fet forth that they had cleanfed the River, Ac 
 Malt Tohctum. Gravefend they claimed Toll of Boats lying in the 
 
 River
 
 Clje lalu of €o}po2i\tiom^ *S^ 
 
 River oF Thames, and it was adjudged in ParJis* 
 ment to be male lolnetum. I Mod. Reti. 47, 4K. 
 Haffurt and Wds. Norwich. 
 
 AiSlion of Debt was brought In Norwich upon 
 Obligation made /« Parochta Sa7itH Petri in War- 
 da dt ManouH tn Norwich. And the Defendant 
 alledgeth the Cuftom of JSJorjuich^ to give thetfue 
 Debt to the PlainfifF alrhough it be upon Bond ; 
 and for tiiis he prays may be enquired d« 'vno de 
 bito. This may be tried dtf corvore ccmttatus Nor- 
 wich ; for that the Obligation is not in Queftion, Tr^ai. 
 but the true Debt. % Rolls Ahr. 617. Parmster 
 and Michlehurn^ i Rclls Abr. 5(^4. 
 
 It is not a good Cuftom in Inferior Courts 
 (which is not within the Stat, -^x H. 8.) Co grant 
 a tales de Circumftantibufy for that is againft Law. 
 Fafch. 1 6 Jac. B. R. 1 1 Car. B. R. CowfUtd an4 
 Burneli. 
 
 BRISTOL. 
 
 It's a good Cuflom in Brtfiol in the Court of 
 the Tclfey held before the Sheriffs and Bailiffs of the 
 City to maintain an Aftion on the Czk fur concef- CiH fur €«»•-] 
 ft jolvere, {viz. ) That the Defendant concejjit ''^^ ^'^'''"^*' 
 folvere to the Piaintiff 60 /. pra diverts denar^ 
 fummis eidem (juerent"* per Def. prius dibitis fol- 
 'i'endis, though it is not good at Common Law, 
 and although a Man cannot know bciorehand up- 
 on wha: Contrail this is brought until it comes f^ 
 Tryal. Orchard znCi Jenkins J l Rols Ahr. ^6^. 
 
 TEIVKSBUKT: 
 
 If a Cuftom be in the Village oF Tewksbury thaC 
 the Baujils and priacipil iijrgell";s of the Town 
 have u.'^d tiins out of ininJ, &j. tg> rare afid tajc 
 
 U feVeij^
 
 every Inhabitant wiihln the Village for the Rcpa- 
 DIitrc& on ration of a Bridge wiihin the Village. If a Tax be 
 Tax^ to repair a ^^^^^ according to the CuQom a Diftrefs may be 
 taken for this rate ot the Goods of any Inhabitant 
 Co taxed, although upon the Tax being made it is 
 not ordained that a Diftrefs fhall be taken for it ; 
 for no Perfon can have Action of Debt for this Tax 
 inafinuch as the Corporation is not to have it, and 
 then if a Diftrefs fhould not be, there would be no 
 Remedy, i Rrls /Ibr. 666. SmithjMn and ^(/;- 
 ton. 
 
 EXETER. 
 
 A By-Law in Exeter by the Company of Tay- 
 lors. Jf any Perfon or Perfons of the faid Corpo- 
 ration revile or ufe any unhandfom Speech of the 
 Mafter or Wardens of the (aid Corporation, fhould 
 forfeit ^ /. 4 ^. the faid Fine to be levied by a War- 
 rant under the Corporation-Seal, and by fale of 
 Goods. And the Plaintift in Trefpafs faid, &c. 
 The Maflers "were a company of Pickpocket Rogues. 
 In Trefpafs Judgment Pro Quer^ for a Corporation 
 No y-Law to ^-j^p^Q^ n):\Vii a By-Law and have a Forfeiture le- 
 makclortciture ... , / i r /■- ^ o -n xt r 
 
 and falc of ^'^° ^7 ^"^ ^^*^ ^' Goods. 5 Rep. 127. Nor for 
 Goods. Forfeiture of Goods. 2 Fentr. 182. Clarke and 
 
 Tucker. Raym, 292,29^,294, 324. 
 
 A By Law that there fhall be but fb many Carrs 
 in Ztfw^6i« is good. Raym. 32,, 328. But if the 
 Cute, By-Law be, That no Carman within the City fhall 
 
 go with his Carr without the Licence of the Guar- 
 dians of fuch an HofpiCal^ nor v/ichout paying a 
 Rent to fuch Hofpital for the fame j if any do Cbn- 
 trary he fhall forfeit fuch a Penalty to the faid 
 Guardians ot fuch an Hofpital, this is void by Law. 
 Raym. 524, 328. 
 
 r 
 
 Tr'imtj'
 
 Clje laiu of Co^po/ateotii/. z^i 
 
 Trinity- tiDuJe in Deptford. 
 
 Debt on By-Law by the Muflrer, Wardens and Tffftity^Houft 
 Afliftants of the Trinity- Houfe In Deptford being en*'" Deptford. 
 ablcd to make By Lav/ s by Car. Us Charter, and 
 this By Law was conhrmed by the Chancellor, 
 Treafurer, and Chief juftic?. It ran thus: Quod 
 t^uiUbct r.auta dimittnet ad Littut infra lA. boras 
 f)H devemnt ad Avchoram in Rivo Thamejis om^ 
 nem quaniitattm Tulvcris boTvbardici (^aere permit- 
 tent) fub pcena forfeiture lo Nobles. And alledge 
 that the Defendant had noii<:e of this By-Law, and 
 did not do (b. Upon Ifiue of Naflce VcrdiiSl pro 
 
 Quer. Moved in arreft. Sander denied not but It » /^ i « 
 ^ iiiT • • nr i ' 1^ (jfocd By 
 
 was a gooa By-Law in it leir, but ?t was not made Law, but not 
 by fufficicnt Authorlry^ and he took a diflFerence made by fuffi^ 
 where the Corporarion had Government of the ciemAuchoritjr. 
 Place to which their Laws extended, and where 
 not. And In this cafe the Corporation liad not Gd- 
 vernment of the Place nor of the Juri(di6lion ; and 
 the K.in^ by his Proclamation cannot make fuch 
 an univerfil Law, nor his Grantee by Commlflion. 
 Cur. advi/are. Sir Tho. Jones 144»» 
 
 By-Laws flialj bind Strangers when it is only for when By-Laws 
 A6J:s to be made within the Town and for the Pub- fliall bind 
 jick Good. 44 Ed. ;. 15, And in the Chamber- Strangers. 
 Jain of LcWtn's cafe, that By-Law made in Low Jc« *~\ 
 
 {hall bind all, as well Strangers as CitizenSi which 
 fell any Drapery in the Hall there, though tliey 
 inhabit in any place out of the City, and fo is the 
 cuftom of Foreign Bought and Foreign Soldj 
 the v/hich is only for Strangers. ^ BrownL 179? 
 
 Upon the Return it appeared^ That in the City 
 of London there is a cuftom that no Foreigner fhal.I 
 keep any Shop or Ule any Trade in London: Ed. 5, 
 gr^csthat they may make By-Laws; in 17 H. 8. 
 
 U % ilvQrsl
 
 191 Ctctaiuof €o?pojinion0. 
 
 N ) Foreigner (tveral A<5ls of ConinioiuCouncil were made for 
 tc. ufc a Trade inhibiting lf*'oreigners to hold any open Shop or 
 ia London. Lattice. And (iich a d.iy an Ah of C:ommon- 
 Council was made th:u no K jjcigncr fhould uft- any 
 Trade, Myftery or Occuparj )n wirhin the faid 
 City, nor keep any Shop thtre for retailing, upon 
 pa'n ot ^ I. to be paid, &c. Thn the Defendant 
 held a Shop, and lifed the Myltcry of making 
 Candles, i", Oil. &c. and lb the PJaintift' levied 
 a Plaint -xx^Ci arreftcd the Defendant. 
 
 It •''','- agreed fbar the Cullom was good. 
 
 gi Ed. I. the King by his Letters Patents 
 granted to one J. F. that he fhould be Frank and 
 Fret of the City of LonJon^ and that he fhouid 
 keep an Apothecary's Shop there : But the Patentee 
 could not have his Freedom by this Grant. 
 
 Vjfcr 279. In Tork Goods Foreign Bought and 
 Forfeltuic. Fcr ign Sold (hall be forfeited. A good Prefcripti- 
 on, but the King by his Letters Patents cannot give 
 fiich Power to them. 
 
 T hough the Corporation may juftifie a Pecuniary 
 Punlfhmenf, yet they cannot infli6i; Confifcation of 
 Goods or Imprifbnment on a By-Law. 
 
 The By-Law is good, that Foreigners (hould 
 not hold any Shops In London ; for it appears by 
 the Return, that Foreigners fhall not beSubje6l to 
 Scot and Lor in Londony and fhall not be Officers, 
 which are matters of great Charge j fo that if it 
 fi-ail be fo, tiiey fhouid be preferred before Free- 
 men. 
 
 But the fole Doubt was. It doth not appear by 
 
 the Return that the ^Defendant had ufed the Trade 
 
 uf a TaUovf-Chandltr^ nor fold any Candles ; but 
 
 ,. n. , only' that he kept Shop and ufed the Myflery of 
 
 It mult be rot ,. /- 11 ^ n -r I D L Ju l 
 
 that nc vic-e "^'^king Candle?. But ir the Kerurn had been that 
 
 I 1 .i^..r»!^ be ufed the Trade (i a Tallow-Chandler^ this had 
 but inat he uua ■ 1 • i- 1-1 
 
 the Tradt. been good J lor that imphes tantamount^ lor that 
 
 had been that he had fold j for Trade is tn tradtndo^ 
 
 whien
 
 Cfjc laiu of Cc^yo^atfonj;. 293 
 
 which is to deliver over, and the Intent is, That 
 he fhall not be punifli'd for making Candles if he 
 docs not fell rhem, for the Sale is the Wrong. And 
 for this Caufe it was refolved that the Defendant 
 (liould be delivered and not remanded, i Btoivnl. 
 284. Waggoner and Ftflh Finch faid. That this 
 in one Kings Gale was denied for Law. i Sul.iii. 
 
 By-Law in London^ that every one which fells 
 Goods commonly v/eigii'd, and does not weigh . 
 them at the common Beam called The Kings Bea/», ^ '^^ '"^ , 
 (hall forfeit for every Five hundred Weight fo fold CommonBeam- 
 not weiglicd , i 5 i. and 4 d. On Forfeiture, 
 Debt was brought by the Chamberlain of London, 
 which is removed into B. R. by Certiorari: and if 
 Debt upon this By Law be maintainable here, or 
 there (hall be a Vrocedendo^ was the QLuftion. Ter 
 Newdtgat Juftice , Vrocedendo fhall be awarded. 
 Upon Player and StoweU\ Cafe, l65'4. and Vlay- 
 er and Oihrrt*s Cafe, lb) 6. 1 Sid. 178. 
 
 Aj]timj)Jit and declares, That th« Defendant be- 
 
 Ing in Debt to him for 10 /. Forfeit by the Confti- ^^^V°l.^ 
 
 ". 1^1- r 1 ^ r ney forfeited by 
 
 tutions and Ordmances or the Company tor not a By Law 
 
 ferving in the Office of Steward of a Company, ac- made /»fr Ciw, 
 cording to a By-Law made, promifed to pay it, up- 
 on which the Defendant demurs. I. Becaufe the 
 A6i:ion docs not lie for Money forfeited by a By- 
 Law. 2. Promlfe may not be made to a Corpo- 
 ration aggregate without Deed. But per Cur the Promlfe to x 
 A6lion lies ; and both thefe Objcdlions were made Corporatiou 
 in the Cafe ofthe Mayor, &c. of Lonkn agalnft *"^°"f I^««*- 
 Gorre)'f and Judgment notwithftanding this given 
 for the Plaintif]^ ; and fo here. ^ Levins 15-1. the 
 Bar har Surgeons of London agalnft Pelfon. 
 
 U 3 CAP.
 
 i()4 ®^c ^^^ ^^ Corporation^. 
 
 CAP. XXII. 
 
 Incorporation of Companies. 
 
 The Canary Comonny^ that vone but ftich and 
 fuch {honld Trade to the Canaries. 7he Cafe 
 of the Company of Sofpmtikirsy and the Ar- 
 gument abridged. 1 he Cafe of the Rulfia 
 CofJipany. 
 
 T 
 
 Rtfpafs for taklits; aU'jy a Ship. Defen- 
 C^nvy Com- fi (Jant juftifies under the Patenr, whereby 
 T^'^J' | M the Ciiwi^y/ Company is i!!corporartd,and 
 
 granted ihat none but (uch and (iich Hiould Trade 
 thither en pain of forltiring their Ship and Goods, 
 and fji-h, the L?eFcnd;niC did trade thither. Plain- 
 tiff demurs ; for that he oughi: to have (hewed the 
 Deed whereby he was authorized by the Company 
 to feile the Goods. A Corporation cannot appoint 
 a Servant to fell Trees without a Deed, and the 
 Plea is double, the Detendant alledgts two caufes 
 of breach of their Charter, -viz,. The taking in 
 Wines at the Canaries, and importing rhcm here, 
 Forrtlture. gnd there is a Claufe that gives the forfeiture of 
 Goods and Impvifonment^ which cannot be by Pa- 
 tent. 8 Eep. 125. Nej. iz^. Mod. Re^. I, I 3. 
 Horn and Ivy. 
 
 Hays & al. Flamiff, Harding & aL Dtf- 
 jendant.^ Pafc. 1656.111 Scaccario. 
 
 THE King by Letters Patents dated May zi. 
 A. D. 16:^7. for preventing and relorining 
 Company of q{ Abu'cs in the Trade of Soaprnaliin^^ and the 
 5opcma ers. j^gfjgj. government of that Trade, did ordain there 
 
 Ihould
 
 €be Klato of Coipo^ation?^* ^9^ 
 
 fliould be in England and Wales, one Socsety or 
 Body corporate of Soapmakers by the siame of 
 Governors, Affiftants, and Commonalty of the 
 Society of SoapmakerSj to continue for ever, wbo 
 had thereby power to ele6l Officers to (earch for, 
 and try al] Materials and Wares, and Weights and 
 Meafures, and to break, burn, or deftroy all found 
 or fufpei^ed to be adulterate or falfe, and that none 
 not Free of the Society fhall ule that Trade with- 
 out admittance into the Society, upon pain to for- 
 feit all ihe Soap they fhoold make ; and thst all 
 Peribns to be admitted into that Society Biould take 
 an Oath for their good Demeanor Z'n*^ Obediejice- 
 to the Ordinances thereof, and that all thit bad 
 ufed that Trade for 7 years fhould be admitted up- 
 on a reafonable Fine. For which Charter oMn- 
 corporarion they gave the King 45000 /. bchdts 
 6 d. a. Tun impojfl upon Soap, and divers Laws 
 and Ordinances were made by the Corporati- 
 on, and confirmed according to 19 H. 7. The 
 Plaintiffs were of the Corporation, but not the De- 
 fendants, nor had they been Apprentices for 7 
 Years, but ufed the fame, tho brought up to other 
 Trade?, and for ufing thereof their Goods and Vef- 
 fels were feized. Whereupon they brought their 
 A6lion at Law. 
 
 Whether this were a good Charter of Incorpo- 
 ration, or a Monopoly within the Statute % i Jac. 
 c. 3. was the Qiieftion. 
 
 Soapraaking is an Art, My fiery, or a manual Oo- 
 cupation, and of long continuance, and for ought 
 appears to the contrary, it might be in being when 
 the Statute was made, and is as ncceffary a Trade Regulation of 
 as others named in the A6l, and contequently a By- Trade. 
 Law or Ordinance to reffrain fuch as have not 
 ferved Apprentices, d^c. from ufing it, is a good 
 By-Law, and confonant to Law. All fach Z'atents 
 and By Lav/s as tend moft to the well ordering and 
 
 U 4 regulating
 
 1^^ 'Clje Inli) of CojpG^attDn^* 
 
 rfpuiat'mg of Trades^ and tVie bttrer management 
 ot them, To tlnit the bcneht of them mny be denied 
 to the greater part of the People, tho wirh fbme 
 prejudice to a few particular Perfon', hath always 
 b^en allowed by the Law. But Parent*; which tend 
 to the ingro(finG; of Trade or ManL.fci61:urc, tho of 
 never fo Imall V;iluc, into one or few hands only, 
 have alw.iys bcv^n held nnrcafonable and unv/ar- 
 ranrablr, us theCal'e of Mr nopolits, i i Rep. But 
 our ca'e is quite another thing, for here is an In- 
 corporation conLfting of many Ferfon? udng this 
 Trade, and there is liberty given to all others to be 
 admitted, it they have lerved their Apprcntifhips; 
 and tho ihey have nor, yet wi;h the Corporations 
 leave, they made be admitted. 
 ^ A Grant lately made ro incorporate Coachmen, 
 
 Corporation 6/ ^^^ ^p,^. ^^^^ ^^^.^ driveaCoach A'ithout Licence, 
 Coacliratn. i u j • 
 
 heid goodi 
 
 HiU 45* Eliz.- B.R. Taylor verfijs Brown, entred 
 HtU 41. Eliz,. Rct.^^o,. The King granted to the 
 ^- ,.. Corporation of Weavers in London, that none fhould 
 
 intermeddle m thejr i race unlels he were of their 
 Fraternity : The Grant was held to be good^ there 
 being a Rent refervcd upon ir. A//c^ 47, ^44 
 EUz^. in Hawkjlieadznd IVards Cafe^ R. R. 
 
 The King granted to the City of London^ that 
 all Perrons bringing into London falcablc Commo- 
 dities, fhould pay 16 much for Toll, this was held 
 robe a good Grant, and yet generally fpeaking, it 
 jnay Teem to be againft the Liberty o^ the Subject. 
 
 The c-ifc of the Taylors of Ipfivicb 1 i Rep. 
 comes not up to this; for the Rtffraint there was 
 too general and againft the Srarute. 5 Elix^ c. 4. 
 
 Ihe
 
 The Attorney General agahfi Ahxmjn Scac' 
 The Cafe of the Riidia Company, 
 
 IN Information at the Suir of the Attorney Ge- 
 neral, the Cafe was, The Rujpta Company 
 was incorporated by Letters Patent, i d^ i Ph, 
 & M. and it was granted to them, That no Perfon 
 not being of their Company fhould trade thither 
 without their Leave, on the Penalty of forfeiting 
 Ship and Goods. Afterwards by A€t of Parlia- 
 ment 8 Eliz,. thef^ Letters Patent were confirmed, 
 and it was lurther linac'ted, Thar no Perfon, Sub- 
 jeiV, or other, fhould trade thirher without leave 
 of the Cojiopany, and theQueftion was, Whether 
 or no one that was Free of the Company might 
 trade thither without leave of the Company. 
 
 The A(£t of S Eltz.. alters the name of the Cor- 
 poration, a. It alters the Penalty. 7,- It makes 
 an alteration in the Traders, 'viz,. That none (hall 
 trade thither, Subje^l or Denizen, without Licence, Agajnd f^pj^ 
 which extends to particular Perfons, even af the rate trading. 
 Company, to reftrain their Trading thither with- 
 out Licence. The intention of the A6i; was to 
 regulate the Trade, and to appropriate it to the 
 Regulation and Government of the Company, 
 And the Court inclined to be of this Opiniont 
 for the great Inconvenience was the fmgle and 
 feparate Trade of tho(e of the Company, and 
 not of Forreigners, who could not Trade with- 
 out leave of the Company : and the A6t is a 
 mere Ail of Creation, and to regulate thofe of the 
 Company who trade feparate, to the prejudice of the An A(flof Cre- 
 Joynt-Stock of the Company ; and if it were an A(9- ^^'^"^ • 
 of Confirmation it would be a void A6f,becaufe the 
 Letters Patent themfelvesare void, being to appro- 
 priate a Trnde, which the King cannot do by Law. 
 
 CAP.
 
 298 €\)z tm of (I^o2po^^tl'onl^• 
 
 CAP. XXIII. 
 
 DifTolution of Corporation. 
 
 Where J and by tvhat Acts or Accidents Cojporati' 
 ons fjall be d'tjjol'ved and extinguifljed, and by 
 what nut. Dean and Chapter Jitrrertder their 
 FojlfeJJions, yet the Corporation continues. Tbo a 
 Corporation be altered in name yet they (Jjall en- 
 joy thetr ancient Privileges. By Surrender a 
 Corporation cannot be dijjolved Qi^ier. What a- 
 mcunts to a Dijjolution or not. Up:)n Diffolhtion 
 the Lands revert to the Heir of the Donor. Tbo 
 a Corporation be dtJJ'clved^ yet their Grant were 
 Good. 
 
 TH E Dean and Chapter of Norwich by 
 their Indenture enrolled furrender to 
 King Ed. 6. all their Church and Pof- 
 feflions. And after the King, in the fame Year, in- 
 corporates them anew •, and in the fame Year after 
 Dean and Grants to them their Church and Poflelfions. Per 
 Chapter furrcnC«r. Tho they had furrendred their Church and 
 der their Pof- Podcffions, yet the Corporation continues and re- 
 feffions. yet ^^j^^ ^^^ Chapter of the Bifli op, as to affift him 
 
 Corporations . , . ,. ^ ^ r - r> r - r 
 
 continue. '" deciding Conrroverlies in Kehgion, to conlent 
 
 to every Grant the Bifhop (hall make to bind his 
 Succeflor ^ and at firil all the Pofleffions were the 
 Bifhop?, and after a certain Portion was affigned to 
 the Chapter, ergo the Chapter was before they 
 had any Poffeffions. And of common Right the 
 Bifhop is Patron of all Prebends; and therefore 
 though the Dean and Chapter part with their Pof- 
 f< flions, yet their Corporation of neceility remains, 
 and if the Body of a Prebend be a Maiinor, and 
 the Mannor be recovered from him by Title Para- 
 mount}
 
 mount, yet his Corporation remains^ for he had 
 fiallum in choro &" 'vocem in cafitulo. Tho there 
 cannot be Gardein of a ChappeK If the Chappel 
 and &11 the Pofleflions are aliened, becaufe there 
 cannot bs a Gardein of nothing. 5 Re^. 75. Dean 
 and Chapter of Norwich'' s Cafe. 
 
 If a Corporation had Franchifes and Privileges, ^i ^ 
 
 _ r-, ji^ * "o a Corpo- 
 
 fer Grant or Frelcription, and aiterwards they are r^x\Qn bealrcr. 
 incorporated by another name, as where they were ed in name, 
 Bayliffs and BurgfifTes before, now they are Mayor yet they fhall 
 and Commonalty, or Prior and Covent before, '"J^yj^'^^."' *"' 
 and now they are tranflafed into Dean and Chap- ^^'^"^"I'V'^g^*' 
 ter, although in thofe cafes the Name and Quality 
 of rheir Corporation be altered and changed, and 
 efpecially in cafe of Prior and Covent ; for of Re- 
 gular, which are dead Perfons in Law, they are 
 made Secular, yet the new Body fhall enjoj all the 
 Privileges, Franchifes, and Hereditaments which the 
 old Corporation had by Grant or Prefcription. 
 4 Rep. 87. b. 
 
 When the Hofpital of St. Jdhn in Jerufalem By Surrender! 
 was furrendred and fupprefTed by the Statute of 35 Corporation 
 H. 8. and their Poffeflion vefted in the Crown by not diffolved. 
 that A(51:, yet rhc Vifitation of them did not ceafe 
 by this, for their Corporation was not difTolved ; 
 but when they were deraigned and left their Habit, 
 Rule and Order, by which they were vifitable, then 
 the Corporation was utterly diflblved, and the Vi- 
 fjtation ceafed. Davtes Rep. i. b. 
 
 If a Corporation be made of Confreres and , 
 
 Sifters, and after all the Sifters are dead, all Afts ^;;™ 
 and Grants raade by the Confreres are void ; for 
 when the Sifters are dead, this is not a perfect Cor- 
 poration. M. "^xElix,. B.R. 
 
 But If the King make a Corporation, con/ifting 
 of 1 1 Men, to continue for ever in SuccefTlon ; and 
 when any of them d-e the other may choofe ano- 
 ther in his place : if three or four of them die, yet 
 
 ali
 
 300 djc Xatu of Co^'po^ntionsf^ 
 
 all Acts made by the refidue (hall be fufficlent ; for 
 ic is not like to the Cafe precedent. 
 
 It is agreed, that a Body Politick may be difTor- 
 red either by the death of the Parties incorporate, 
 or their refunil to a£t, nominate and cledt Officers, 
 fo that there remains not fiifficient Authority by 
 their Cliarter to preferve their being, this leems to 
 be a CefTer or Diflfolution. 
 Utfon dilTolutl- Up"" '^^ diil^jlution of a Body Corporate, as 
 or> the Lands Dean and Chapter, Mayor and Commonalty, 
 rercTt to rhe their Land fliall not Efcheat, but fhall revert to 
 Heir of tlic ihe Doncfr. For the Fee is vefted in them in their 
 ^■"^'^' politick Capacity, created by the policy of Man, 
 
 and fo there is a Condition in Law annexed to e- 
 very fuch Gift or Grant, that if fuch Body Po- 
 litick be dilfolved, that the Donor or Grantor 
 fhili re-enter, for that the caufe of the Gift or 
 Grant fayleth, but no fuch Condition is annexed to 
 Eftatc in Fee- Simple vefted in any Man in his na- 
 tural Capacity, unlefs the Donor or Feoffor re- 
 lerves to him a Tenure. I In{L I 5. b. GoJh zl r. 
 A Prefcriptlon was fhewed of a difchargeof Tythes 
 in an Abbot, Prior and Covent, and that the 
 DifTol ti h Corporation was afterwards diffolved, becaufe all 
 Death. ttie Monks died, and the Abbot alfo ; the Lands 
 
 reverted, and per Cur. he who is now Owner of 
 it, and holdeth the Lands fliall pay Tythes ; for a 
 Man cannot prefciibe in non (hcimando. M a Rent 
 be granted to one, and his Succeflbrs, and the Cor- 
 poration be diltolved, Ter Coke and War burton 
 Juftices, the Rent fhall revert to the Donor. Godh. 
 a 1 1 . Dean and Chapter of Windfor and Wthb's 
 Cafe, and their SuccelTors. 
 
 If 200 Faggots are granted to a Mafter and 
 his Confreres, or any other tiling granted to a 
 Corporation to perceive out of all the t^ands of 
 the Grantor, and after the Mafter and Confre- 
 res granted them over ; and after their Corpora- 
 tion
 
 ^[}t tm of Corporations, 301 
 
 tlon is dllfolved, yet the thing granted fhall not A Corporation 
 Efcheat to the Grantor, the it fhould haveefcheat- '* diiroK^ed 
 cd if it had not been granted •, fo of Land or Rent. ^''^'^ <^ ''-'"" 
 I RoL Mrtdg. 816. Southwell m^ Wade. °" 6^^' 
 
 Vtde f.us de hoc-, in the cafe of the §Iuq War- 
 ranto againft London. 
 
 CAP. XXIV. 
 Qiio Warranto, 
 
 The nature of it. Quo Warranto brought for Ufer 
 and not for Ahujer. What mifufer ts a Forfei- 
 ture of all the Liberties y and "what net. Set- 
 z^ure by the King, yudgment againft the Vir- 
 ginia Company m a Quo Warranto. The An- 
 fwtr or Plea to a Quo Warranto. Where Grant 
 or Confirmation by Charter does not defiroy Pre- 
 jcription. Difference between Ufurping to be a 
 Corporation, and the Franchifes. If Quo War- 
 ranto be brought to dtffol've a Corporation^ how it 
 Jhall be brought. The appearance of the major part 
 to a Quo Warranto being Recorded is (ufficient. 
 The Cafe of the Quo Warranto lately brought 
 againjt the City of London, and the judgment. 
 Trial, and IJj'ue in a Quo Warranto, and Judg- 
 ment. 
 
 "^O the right underftanding of the nature of vtr|,jj ;j ;, 
 a Quo Warranto^ we mull k/iow that it 
 is a Writ which lies where a Man or Bo- 
 dy pohrick claims or u(es any Franchjfe or Liberty 
 againft the King, as to have Waifs, Eftray?, Fairs, 
 Markets, &c. without good Tide. A Q^uo War- 
 ranto for i'ranchiles is in the natu|t of a Writ of 
 
 R.ght,
 
 302 tZLljc Lain of CojpojationjJ. 
 
 Right, and the Defendant in it ought to make * 
 lijfficitnt ritle againft the King. 
 
 The Quo IVarranto contains l things in it felf. 
 I. A Claim, z. An Ufurpation; and the Defen- 
 dant mull anfwer to both. 
 
 A ^0 Warranto was brought again ft the V.'ar- 
 den and Burgcflcs of Maydenheady for ufing of a 
 Maiket, and taking a Penny for Piccage, Stallage, 
 d^c. Defendant pleads. That King jFrtw<?/ i. re- 
 citing the Grant of a Market given to them by 
 King Henry 6. ulterius eis concedit cjuod p'-ntivales 
 Burgenjes d^ Commtnales 'vill^e pr^sditt ^ Suc- 
 cejjores fuihaheant iwperpetuounum wercatum-, &c. 
 cum flallagio ptccagio finibus &" amerciantentis &" 
 coUigerent cufiomia d^ (helonta de omnibus Mer- 
 cbandiz,is mercatorum d^ c/etera cfuaicuncjue funt 
 infra Ltbertates ejufdem Villa -vend* by force of 
 which Patent they took, &c. 
 
 Objection was made, That it is not fhewed that 
 they were a Corporation befoie the faid Letters 
 Parent, or by the fame Patent. As 2 //. 7. 1 :^. 
 
 Refp. We have pleaded by the fame name with 
 which you charge us by the Quo WarrantOy and 
 that is fufficient. 
 
 Ob)e6V. It is not exprefled what Sum they toolc. 
 QuoWarravto R. T\\t Quo IVarranto is not brought againft 
 b.oughr for j}.^^ f^j. ^^^ ^^.^pg ^^ ^^^ Market, but for the Ufer, 
 uler, not for J , , . r ^ c 1 i 
 
 abufcr, ^ ^ y " "^^ exprels what bum they took. 
 
 As a Quo Warranto was brought againft the Mayor 
 and Commonalty of London, for ufing the Liber- 
 ties, VIZ,, to be Water- bay liff from London-bridge 
 to St aim f and to have the meafuring' of Goals 
 and Onyons, and for taking Fees, and they fhew 
 their Title to them, and the general confirmation 
 of their Liberties by Ruh, 2, and fo they juftified 
 their Ufage and took Fee, and fhew not the parti- 
 cular Quantity or Sum, :ind adjudged good. 3 J^C. 
 Vag^is Calc, ^ Rol. Rep.l^^. 
 
 In
 
 C6e !tato of <So^poMt(an0* .303 
 
 In this cafe there was a good diverfiry obferved, 
 where the Liberties are flibordinate and depending 
 one upon anotherj there the niifuiing or abudng of 
 Liberty is a Forfeiture of all the Liberties, other- 
 wife where the Liberties are (everal. By an abufe 
 or mifuftr of a Fair, he forfeits the Court of Pie- 
 powder, becaufe it is incident to it. 
 
 ^to JVarranto was brought againft the BaylifFs 
 and BurgtiTes of Barkhamiiead in Com' Hartfcrd, . 
 they appeared, and Judgment fro deftdu rejprtfi 
 was given of Seizure, f. i 6. Car. 2. and they are 
 no Corporation at this day. But in mod cafes the 
 King hath upon a Fine reftored them. 
 
 The Liberties of a Body-pohfick may be fcifed 
 into the Kings hands by a Quo Warranto^ as it was 
 in the cafe of the Virginia Company and in the cafe 
 c{ New-Malten. Tr.6. Jac. 
 
 The King brought a Quo Warranto againft N.F. 
 J.S. J'D. ^ alios ^ericlitatores <& flantatores fro ]\i6gm^nt. 
 prima Colonia in Virginia^ to know by v/hat War- 
 rant they claim divers Liberties. They plead anin- 
 fufhcient Plea, and the King demurs. The Quefli- 
 on wa?, How Judgment fhall becntred ^ for the 
 Maft-er and chief ot the Company were left out in 
 the ^luo Warranto, and the judgment was given 
 againll N. F. J. S. and J. D. c^ alios periclita^ 
 toresy &c. Queft-. If this bind the Corporation, 
 2 Rol. Rep. 45" 5". the Virginia Companies Cafe. 
 
 Quo Warranto againfl the Citizens of Canterbury^ 
 for that they claimed divers Liberties, ^c. within 
 the V:ihce o( Canter hurj J as to part in fi:»ch a Place 
 they jufl,jjy in the Gky,pretere]ua?n inStaplegate ^ 
 Wcjlgate ; d^ (]uoiid refulimm Locorum they difclaim. 
 It was refolved that tbedilclalmer extends to Sta- 
 plfgate and Weflgate, notwithftanding the pretcr- 
 quam^ and Judgment of this part v/as immediarely 
 given for the King-, becaufe it was in the King's 
 cafe. I RoL Rep. A.^1. 
 
 The
 
 304 ^D^ ^310 of €o?po?at!on3. 
 
 The natural anfwcr to a Quo IVarranto is to claim 
 
 or difclajm, and yet a Man may vouch in a Quo 
 
 Warranto. 
 
 or wlur tliincs ^ ^^ [Varranto lies not of the Claim of a thing 
 
 a Quoidarrari. whidi Cannot be claimed, as to claim Felons Goods, 
 
 re Jic8 not. or to pardon Felons, tor thofe are things which lie 
 
 only in point of Charter. GoS 91, 93. 
 
 In a Quo J'Varranto agalnll the Mayor, Buyliffs 
 and Jurats of MatJjlonek was ordered by the Court 
 that they (hould have Day to plead until a Fortnight 
 after Trinity Term, and they had not pleaded ac- 
 cordingly, whereupon Judgment was entrcd upon 
 the Roll, and the Writ of Stifin awarded, and Ex- 
 ecution thereon, but the Judgment not filed. All 
 Franchifes in England are againft common Right : 
 and Nojr cited Sir yohn l^Velltngi Cafe, where 
 in a Quo Warranto the Defendant had a day to 
 plead, and he failed to plead at the day, and the 
 Judgment was not filed, yec he could not be re* 
 lieved. Vofh. 180. But i Cro. Car. a Judgment 
 Amendment, ^^s entred by difclaimer, with confenc of the Par- 
 ties, virtute vel pretextu Itterarum pattntium ge- 
 ren' dat"* anno decimo jeptimo Jac. Reg. ; but tli^fe 
 words gtreri dat^, were in the Margin, the Clark 
 omitted them in the cngrofling the Judgment, and 
 the Record was amended, tho in the Kings Cafe, 
 and this in another Term, and that this difclaimer 
 fhould not extend furtiier than to Liberties granted 
 by the Charter of 1 7 Jac. and not to Liberties 
 granted to former Charters. 
 
 A Court being by Prefcription, is nor taken a- 
 
 way by Grants and Confirmation's of Kings, but 
 
 ihey may ufe their Chai rcrs as Confirmations or 
 
 as Grants, or may claim tho'e Liberties by Pre» 
 
 Grant or Con- Tcription, notwithftanding fuch Charters: for as 
 
 firmation by Flensing faiJ, Every Corporarion ufcth in every 
 
 Charter doc» Kings time to take a new Confirnurion of their 
 
 not dcftro, fuch yt^^jj^s, or in every allowance of ihciij, elfe they
 
 €;fjc latD of €omititm^: 3 05 
 
 be not juftlfiable. Cro.Jac. 31^. in Goodfon an^ 
 Dtiffeild's Cafe. 
 
 \i 2. Quo Warranto be brought for ufurpfng a Difference be. 
 Corporation it muft be brought againft particular '^een ufurping 
 Perfons, becaufe it goes in difaffirmance of the Cor- * Corporation 
 poration, and Judgment fhall be given, that they *"^ ranchifcj. 
 be oufted of the Corporation ; but if it be for Li- 
 berties claimed by a Corporation, it muft be brought 
 againft them as a Corporation, Hales^s Common- 
 place Book not in print* Cafe, fol. 16H. 
 PI. -J, 
 
 If a ^0 Warranto be brought to diflblve a Cor- ^^ ^'^ ^'"'^ 
 poration, the Writ ought to be brought againft T''''"' . ^ ..^ 
 particular Perfons^ for the Writluppofeth that itisfoj^ga Gorpo- 
 no Corporation 5 otherwife when the Attorney ration, how it 
 queftions them as Inhabitants of a Village, then mu^ be 
 they ought to enable themfelves, and (hew them- bJ^o^S^f' 
 (elves a Corporation, and alfo prove it. 
 
 Notej Si Quo Warranto foit tort pur ufurper 
 de Corporation^ ferra port vers particular Per^ 
 fonsy cjuia in disaffirmance del Corporacion, 
 €^ Judgment ferra don* ejae ferra oujie ; met 
 fi Quo Warranto foit port pur Liberties 
 claimed per Corporation ferra port 'verfus 
 Corporation. Hale/s commonplace Book, 
 in Lincolm-tnn Library. 
 
 Quo Warranto was brought againft the BailifFs, The appear* 
 Aldermen,BuigefIes, and Commonalty of !r^W(J»r/&,ance of the 
 they did appear by Warrant of Attorney, and one "i^jo^ part is 
 of the BailifFs named in the Warrant did not appear "^^^^'^i^' 
 nor agree to it. Per Cur. The Appearance of the 
 major, or greateft part being recorded, was flif- 
 ficient : and tho the Warrant of Attorney was un- 
 der another Seal than their common Seal, yet be- 
 ing under Seal, and recorded, it cannot be annul- 
 led. Gedk 4-59' 
 
 X Tryal
 
 ^o5 ^6^ 1-^^ ^^ C0JP0^^t(0llJ5♦ 
 
 Tryal in a Quo Warranto. 
 
 QUO Warranto was brought againll divers 
 Perfons in the City of IVorcefler, why they 
 claimed to be Aldermen of the faid Corporation. The 
 Caufe came to be tryed at the Bit, and a Challenge 
 was made to the Jury in behalf of the Defendants, 
 for that the Jury were not Freeholders. Per Cur, 
 The Statute requiring the Jury to have fo much 
 Freehold doth not extend to fuch places; for if fo, 
 there might be a failure of Jultice for want of Ju- 
 rymen k qualified, i Ventr. 3 66. 
 
 Vide Rajm. 485'.' 
 
 ^0 Warranto againft the Town of Farnham in 
 Surrey^ for ufing a Fair and a Market, and taking 
 Toll ; and Iflue being taken, whether they had 
 Toll by Prefcription or not, it was found for the 
 Defendant; it was moved in arreft of Judgment, 
 that there had been a difcontinuance, bccauie there 
 was no Ifluc Joined as to the other Liberties clai- 
 med ,• and this Adtion is not aided by the Statute of 
 Jeofayles ^uod fuit conceJJ'um. But chief Biron 
 Hales faid they came too foon to urge that, becaufe 
 Judgment was not yet given'. And before Judg- 
 ment there is no difcontinuance in the King's Cafe ; 
 for the Attorney General may yet proceed by the 
 King's Prerogative, to take IflTue upon the reft, 
 or enter a, nolle frofecfui^ and if he will not pro- 
 ceed the Court may majte a Rule upon him ad Re- 
 flicandum, and fo there may be a fpecial Entry 
 made of it. 
 
 [Tud^went
 
 €\sz %m of Cojpo^dtfatt!?; jo/ 
 
 I 
 
 Judgment 
 
 THE Judgment againft the Corporation of 
 London was in Temp. Car. 2. upon the Quo 
 fVarrantr, 
 
 " Corfideratum efi ^uod Lihertat' Prfvikg* ^ 
 ** Franc he s* prad. fore de feipfis unum curpas Cor- 
 " porat"* & Politic in re faBo (^ nomine per wc- 
 ** men Majeris Communttat* d^ civtum Ctvitat* 
 ** Lond^ ac pr idem nomen placitare (^ implaci" 
 ** tart refpondere d^ refponderi pet eofdem Majo» 
 ** rem ^ Commttnitaf ac ctves Civitat* Lond? 
 ** prad' ftfperius clamat^ capiantur ^ fetjiantur m 
 '* man' Dom* Regis & tfUod frefai Major (^ 
 " Commumtas ac cives Land' Li'vitat* prad' m- 
 ** piant^ ad Jatisfac diBo Honi Regi de pni 
 •' fm pro Ufurpatione Lihertat^ Frmleg' & Fran^ 
 ** ebej*prad\ 
 
 .i jj'r iii l i I I "■■ '""I" ii n il inrr ir •ry'" -v 
 
 % % mck
 
 3o8 C&e LaU) ot Co2po}atton0. 
 
 Mich, 33 Or. i. /» B. R. Rot. 137. 
 
 Sir Rokrt Sawyer, Knt. his Majefty's At- 
 torney General, againft the Lord Mayor 
 and Citizens of London, 
 
 7^i Information in Nature of a Quo Warranto 
 fets forth: 
 
 TTpHAT the Mayor and Commonalty and 
 « i Citizens of the City of London by the 
 
 • (pace of a Month then laft paft and more, ufcd and 
 
 • yet do claim to have and uie without any lawful 
 
 • Warrant or legal Grant within the City of London 
 
 • aforefaid, and the Liberties and Privileges of the 
 
 • fame City, the Liberties and Privileges tollowing» 
 
 • I. To be of themfelves a Body Corporate and 
 
 * Politick by the Name of Mayor and Com- 
 *monalty and Citizens of the City oi London. 
 
 • %, To have Sheriffs Civitai & Com^ London"* 
 
 *f^ Com. Midd* and to name, ele^, make 
 *and conllitute them. 
 
 J 5. That the Mayor and Aldermen of the faid 
 
 * City fliould be Juftices of the Peace, and 
 
 * hold Seflions of the Peace. 
 
 • All which Liberties, Privileges and Franchi/es, 
 
 • the ftid Mayor and Commonalty and Citizens of 
 
 • London upon the King did by the (pace aforefaid 
 ^ufuj-p, andyetdoufurp. 
 
 The
 
 C&e talD of Cojpojattonsf; 309 
 
 The Mayor and Commonalty and Citfzens they 
 appear by their Attorney. 
 
 * I. As to their being a Body Politick and Cor- 
 
 * porate, they prefcribe and fay, 
 
 * I. That the City of London is, and time out of 
 
 * mind hath been an Ancient City, and that the 
 
 * Citizens of that City are, and by all that time 
 
 * have been a Body Corporate and Politick, by the 
 ' Name of Mayor and Commonalty and Citizens 
 
 * of the Ciry of London^ 
 
 * That in Magna Charta de Lihrtatib^ jlngli^., 
 
 * in rhe Parliament holden 9 Hen, 3. it was ena(9:ed, 
 
 * Quod Civitat London babeat emnes Libertates 
 
 * juas antiquas & Cunfuetudinesfuas. 
 
 ' That in the Parliament i £. ;. that King by 
 
 * his Charter Ve ajfenfu Vrelatorum Comitum Ba- 
 
 * ronum df* totius Comwunitatis Regni fui, and by 
 
 * Authority of the fame Parliament, having recited 
 
 * that the ^me Citizens at the time of the making 
 
 * Magna Charta-, and alfo in the time of Edward 
 
 * the ConfefTor, William the Conqueror, and other 
 
 * his Progenitors, had divers Liberties and Cufloms, 
 
 * Wills and Grants by Authority aforefaid, That 
 
 * the fame Citizens fhall have their Liberties accor- 
 ' ding to Magna Charta. And that for any per- 
 
 * fbnal Trefpals Alicufus Mmifiri ejufdem Civitatis 
 
 * Libertatis Civitas illius in manus ejujdem Domini 
 
 * Regis Ed, 5. vel bared* fuorum non caperetur, 
 
 * fed bujufmodi Minifier* front qualitatem tranf- 
 
 * grejponis puniretur, 
 
 * They Plead alfo, 
 
 * That In the Parliament holden 7 R. a. Omnep 
 \Confuetudinet Libertates Francbejta & frivilegia 
 [ Civitat' prad* tune Cibus Civitat'* illius, & eorum 
 
 X 3 ' Succef-
 
 • Sueeejforthus licet ufi non fueririt 'vtl abujt fuerint 
 
 * jiuthor'ttate ejufdem VarUamenti rattficai* fuerint, 
 
 * Then they plead the O-nfirmation of feveral 
 f late Kings by iheir Charters : as of 
 
 ♦ King Henry IV. by his Charter dated 
 
 ^ ^GOa. i^H.d. 
 
 * King Ed-ward IV. by his Charter dated 
 
 * 9 Nov, 2 E. 4. 
 
 *King Henry VII. by his Charter dated 
 *a8 7«/y, 10 H. 7. 
 
 ♦ King James I. by his Charter dated ic Sept. 
 
 * 6 Jac. I. 
 
 *King Charlesl. by his Charter dated l8 0<5?. 
 
 * 1 4. Car. I . 
 
 * King Charles II. by his Charter dated 24 Jan. 
 
 * J5 Car. a, 
 
 ^ y^ff eo Warranto they claim to be and are a 
 
 * Body Politick, &c. and Traverfe their Ufurp'* 
 J ing upon the King, 
 
 * II. As to the Having, Ele6]ring, Making and 
 ^Conftituting Sheriffs of London and Middlejex 
 < they Plead, 
 
 ' That they are, and time out of mind were a 
 
 * Body Politick and Corporate , as well by the 
 
 * Name of Mayor and Commonalty and Citizens, 
 
 * cjuam per nomen Civium London. And that King 
 
 * John by his Letters Parents under the Great Seal 
 
 * of England in Court produced, dated 5" J»lii, 
 
 * ^nno Regni (ui primo-, granted to the Citizens of 
 
 * London, That they fliould have the Electing, 
 ? making and Conftituting of Sheriffs ot London and 
 
 * MiddUfea Im^erjetmnii 
 
 III. As
 
 €bz Halo of Coapo^atfoniEf*' 3 1 1 
 
 * III. As to the Mayor*s and Aldermen's being 
 
 * Juftices of the Peace, and holding Seflions, the/ 
 
 * Plead, 
 
 * That the City is, and time out of mind was, an 
 ' Ancient City and County, and the Ciii2iens a 
 
 * Body Politick. 
 
 ' That King Charks h by his Letters Patents,^ 
 
 * dated 18 OUi 14 C^r. I. Granted to the Mayor 
 *and Commonalty and Citizens of the City of 
 
 * London^ fuch of them as had been Mayors ihould 
 ' be Juftices of the Peace, and (hould hold SefiSons, 
 
 * Et eo Warranto they claim to be Juftices, and held 
 
 * Seflions, 
 
 * To this Plea the Attorney-General replies, 
 
 * And as to the Mayor and Commonalty and Ci- 
 
 * tizens of London being a Body Politick and Cor- 
 
 * porate, 
 
 *Firft takes ilTue, That they never were a Body 
 
 * Corporate, and for this puts himlelf upon the 
 ^ Country : And then pjoes over and pleads, 
 
 ' That the Mayor, Commonalty and Citizens aP 
 
 * fuming upon rhemfelves to be a Body Politick and 
 
 * Corporate^ and by reafon thereof to have Power 
 
 * and Authority to convocate and affemble , and 
 ' make Laws and Oidinances not contrary to the 
 
 * Laws of the Kingdom, for the better Government 
 'of the City and Citizens, and for preferving the 
 
 * King's Peace, under pretext thereof, but relpe6i-- 
 
 * ing only their private Gains and Profit, and a- 
 
 * gainft the Truft in a Body Corporate, by the 
 *' Laws of this Kingdom repofed, alfumed an un- 
 
 * lawful and unjuft Authority to levy Money upon 
 ' the King's Subjects to their own proper ufe, by 
 
 * colour of Law^ and Ordinances by them de fat'h 
 
 * ordained and eftabliftied. And in Profecutiorj and 
 
 * Execution of fuch illegal and unjuft Power and 
 
 X 4 * Authority
 
 312, 
 
 i^liz Latti of Co?po2ation0. 
 
 * Authority by tbem ufurp'd 1 7 Sept. z6 Car. 1. 
 
 * in their Common Council affembled, made, con- 
 
 * iHfUteu :^d pubil'" "^ a certain Law by ihcm tie 
 
 * falJof Endv ■" for I ■frying of feveral Sums of 
 
 * Money of all tin. Kin ■ 'ibjedts coming to the 
 
 * Pubiick Mirkets wiihin ti. ' '"V to fell their Pro- 
 
 * vifions, "VIZ,. Of every Pofo 1 ror every Load of 
 ^ Provifi-ns into any publick Markd within the (aid 
 
 * Ci*y brought to fell, 2 d. per day ; For every 
 ' Dofler of Provifions 6 d. per day : For every CarC 
 
 * Load, not drawn with more than three Horfes, 
 
 * 4 //. per day : And that thefe Sums of Money 
 
 * fhould be paid to the ufe of the Mayor,CommonaIty 
 
 * and Citizens. And if any refufe to pay, then to 
 
 * be removed from his Place in the Market. 
 
 ' And that by colour of this Law the Mayor, 
 
 * Commonalty and Citizens for their own private 
 ' Gain had illegally by the fpace of (even Years next 
 
 * after the making of this Ordinance, received di- 
 
 * vers great Sums of Money, in all amounting to 
 
 * 5000 /. ptr Annum, in Oppreflion of the King's 
 
 * Subje£ls. 
 
 * And further, That whereas a Se(rion of Par- 
 
 * liamcnt was holden by Prorogation, and conti- 
 
 * nued to the I oth oi January ^zCar. a. and then 
 
 * Prorogued to the aoih of January then next, 
 
 * The M:iyor,Commonalty and Citizens i 3 Jan. 
 
 * ■^iCar. 1. in their Common-Council alTembled 
 
 * unlawfully, malicioufly, advifedly and feditioufly, 
 ' and wirhour any lawful Authority, affumed upon 
 ' themieivcs, yld cenfendum &' judicandum di^um 
 
 * BcrKinum Rtgcm.^ & Vrorogaticnem Parliamenti 
 ' per Dominum Regent Jic fa^. And then and 
 
 * there in Common-Council aflembled, did give 
 
 * their Votes and Ordtrs, That a certain Petition 
 
 * under the Name of the Mayor, Aldermen and 
 
 * Co'^iiT^<^"S i^ fl^c City oi London in Common- 
 
 ' Coun-
 
 Cfcc %m of Co?po?ntioti£r. 
 
 ' Council aflTembled, to the Kin^, fhoiild be exhi- 
 ' bited; in which Petition was c^^nrained, 
 
 * That by the Prorogation the Profecution of the 
 ' Publick Juftlce of the Kingdom, and the making 
 
 * neceflary Provifion for the King, and of hisProte- 
 
 * llant Subje6ls had received interruption. 
 
 * And the Mayor and Commonalty and Citizens 
 
 * in the fame Council affembled, did unlawfully, 
 
 * malicioufly, advifcdiy and leditioufly^ and with 
 
 * Intention that the faid Petition fhould be difperft 
 
 * amongft the King's Subje6^s, to induce an Opi- 
 ^ nion in them, that the laid King by Proroguing 
 
 * the Parliament had obftrufted the publick Juftice, 
 
 * and to incite the Kings Subjeds to hatred of the 
 ' King's Perfbn and Government, and to difturb 
 
 * the Peace of the Kingdom, did order that the faid 
 
 * Petition (hould be printed; and the fame was 
 
 * printed accordingly to the Intent and Purpofc a- 
 
 * forefaid. 
 
 ' By which the Mayor, Commonalty and Citi- 
 
 * zens aforefaid, the Privilege, Liberty and Fran- 
 
 * chile of being a Body Politick and Corporate did 
 ' forfeit, and afterwards by the time in the Informa- 
 
 * tioHj that Liberty and Franchife of being a Body 
 
 * Politick, did ufurp upon the King. Et hoc, &c, 
 
 * As to the other two Pleas {viz,^) the making 
 
 * and having Sheriffs and Juftices of the Peace, the 
 
 * Attorney General Imparlcs to Mich. next. 
 
 * The Mayor, Commonalty and Citizens as to 
 
 * the Plea of the Attorney General, pleaded in af^ 
 
 * figning a Forfeiture of their being a Body Politick 
 
 * and Corporate. 
 
 * Trotejtandoy That thofe Pleas by the Attorney 
 
 * pleaded and the matter in the fame contained, are 
 
 * infufficient in the Law to forejudge or exclude the 
 
 * Mayor and Commonalty and Citizens from being 
 
 * a Corporation. 
 
 • TrotC'
 
 314 ^De lalu of Coipo^atfousi* 
 
 * Troteflando etiam^ That no A 61 or Deed, or 
 
 * By-Law made by the Mayor, Aldermen and 
 
 * Common-Council, is the Adlor Deed of the Body 
 ' Corporate. 
 
 * Protefiando etiaWt That the Mayor and Com- 
 
 * monalty and Citizens of London never took upon 
 
 * them any unlawful or unjuft Authority to tax the 
 
 * King's Subjedb for their own private Gain, or did 
 
 * ever levy or exa6t from the King's Subje(5ts co- 
 
 * ming to Markets fiich Yearly Sums as in the Re- 
 
 * plication are AUedged. For Plea fay, 
 
 * That London is the Metropolis of Evgland, and 
 
 * vtxy populous, and CeUberrimum Emporium totita 
 
 * Europe. 
 
 * That there are, and time out of mind have 
 
 * bccnj divers publick Markets for Provifion and 
 
 * Mcrchandiz,e within the faid City to be fold. 
 
 * That rhe Mayor and Commonrilry and Cltiz-ens 
 
 * have been rime our of mind, and yet are, felzed 
 
 * of thele Markets in Fee, and by all the (aid time 
 
 * at their own Cofts and Expenccs have provided 
 
 * and have accullomed, and ought to provide at 
 
 * their own Cofls Places for the holding of the 
 
 * faid Markets and Stalls, and Standing, and othe? 
 
 * Accommodations for Perfbns bringing Provifions 
 
 * and Merchandizes to the (aid Markets, and Super- 
 
 * vifbrs and other Officers for the better prefer ving 
 
 * and ordering of the faid Markets, and of the 
 
 * great concourfe of People coming to the fame ; 
 
 * and for fuftaining and fupporting of the faid 
 
 * Cofts and Expences, by all the time aforefaid 
 
 * have had, and ought to have, reafonable Tolls, 
 
 * Rates, or Sums of Money of Perfons coming to 
 *- the (aid Marlcets for their Stalls, Standings, and 
 ' other Accommodations by them for the better ex« 
 
 * pofing their Commodities, had and enjoyed. 
 
 *They
 
 Cbe latu of Co?pa?atfaittf* 3i^ 
 
 * They further fay. That the Citizen? and Free- 
 
 * men of London are very numerous (^viz.) 5 ooco 
 
 * and more. 
 
 * That within the faid City there hath been, time 
 
 * out of mind a Common-CouncU alfembled as 
 ' often as neceffary, confiding of the Mayor, Al- 
 ' dermen and of certain of the Citizens not exceeding 
 '250 Perlbns thereto annually elected, called rhe 
 
 * Commons of the faid City. 
 
 * That there is a Cuftom within the faid City for 
 
 * the Mayor, Aldermen and Comiion- Council to 
 
 * make By-Laws and Ordinances for the Regula- 
 
 * tion and Government of the Publick Markets 
 
 * within the City. 
 
 * That thefe Liberties and Cuftoms of the City 
 
 * were confirmed by Magna Charta ^ and other 
 
 * Statutes in the Plea above mentioned. 
 
 * That by reafon T>f burning of the City In Sep- 
 *■ tember 1666. and the Alterations in the Market- 
 
 * Houfes and Places thereby occafion'd , for the 
 
 * Eftablifhing and Re (etling the Markets within 
 
 * the City, 17 Seft. 16 Car. i. the then Mayor, 
 
 * Aldermen and Commons in Common Council 
 ' affembled, according; ro the Cuftom, for the better 
 
 * Regulation of the laid Market, did make and pub= 
 
 * lilh an Ordinance, entituled , An AB for the 
 
 * Settlement and well Ordering tj2 Publtck Markets 
 *• -within the City of London : By which (aid Ordi- 
 
 * nance reciting that for the Accommodation of the 
 ^ Market People with Stalls, Shelters, and other 
 ' Neceffaries for ftandirg in the Ma'-kets, and for 
 
 * the Amendment, paving and cleanling the Mar- 
 
 * ket Places, and fur the lupnort and defraying the 
 
 * incident Charges thereof, there have been always 
 
 * certain realbnable Pates and Duties paid for the 
 *•■ (ame. And to the Intent that the faid Rates may 
 ^ be afcertain'd and made publick to all Market- 
 
 * People, and the Colle6lors reftrained from exa- 
 
 * ding
 
 3i6 ^\}t lato of Corporations?* 
 
 * (fting, it was Ena(5lcd and Ordained by the (aid 
 ' Common-Councilt That Rates and Sums in the 
 ' Replication fliould be paid ro the U(e of the 
 ' Mayor and Commonalty and Citizens, or upon 
 *rc!ufa), to be removed out of the Market. And 
 
 * they averr, that rht fe are all the Rates or Duties 
 
 * paid, and were reafonable Sums to be paid : and 
 
 * thefe they have demanded and received for the life 
 ' and Purpofe alorefaid, as was lawful for them to 
 •do. 
 
 ' As to ihe other Matter allcdged by the Attorney 
 ' General in afligning the forfeiture, they fay, 
 
 * That within this Kingdom, Quiz,.) at the Parlfli 
 
 * of St. Michael Bafftflta-w, London, there was an 
 
 * execrable Plot and Confpiracy profecuted by Pa- 
 
 * pifts to deftroy the King and to fubvert the an- 
 
 * cient Government, and fupprcfs the true Religion 
 
 * in this Kingdom eftablifhed. * 
 
 * That Sir Edmundhurj G, took Examinations of 
 
 * Witnefles and Informations of the lame, and alfo 
 
 * of ihe burning of London by Papifts. 
 
 ' That divers of thefe Confpirators had Iain m 
 
 * wait for him and murthered him, to the Intent to 
 
 * fupprefs his Examinations , and to deter other 
 ' Magiftrates from a6ling in the Difeovery. 
 
 ' That Green and others were tried and hang'd 
 
 * for this Murther. 
 
 ' That Coleman and others were alfb tried and 
 ' executed for the fame Confpiracy. 
 
 ' That William Lord Powtj, Lord Arundel of 
 ' Warder^ Lord Vetre^ Lord BeUafii were impeach- 
 
 * ed by the Commons in Parliament of High Trea- 
 ' fon for the fame Confpiracies, and fent to the 
 f Tower. 
 
 * That the King in his Speech to that Parliament 
 'had recommended to them the further Puriuit and 
 ' Exdip.inarion of that Confpiracy ; declaring that 
 
 * he thought not himfelf nor them fafe till that mat- 
 
 • tci
 
 C6e Lattt of Co?p0?atf onier, 3 1 7 
 
 tcr were gone through with : and therefore thatit 
 was neceffary that the faid Lords in the Tvwer 
 fliould be brought to their Trials that Juftice 
 might be done. And the Parliament having made 
 an Addrefs to the King, wherein both Lords and 
 Commons declared their being deeply ienfible of 
 the (ad Condition of the Realm, occafion'd chiefly 
 by the Confpiracies of a Popifh Party, who had 
 plotted and intended the Deftrudion of the King 
 and fubverfion of the Government and Religion of 
 the Kingdom : And thereupon & folemn Faft kept 
 purfuanl' to the King's Proclamation, grounded 
 upon the (aid Addre(s, and divers Bills prepared 
 to be palTed into Laws for Pre(ervatIon of his Pro- 
 teftanc Subjefts. 
 
 ' The(e Impeachments and Bills being thus de- 
 pending, and the Lords in the Tower not Tryed, 
 the Parliament was upon the loth of January 
 Prorogued, as the Attorney General above in his 
 Replication hath alledged, by reafon whereof the 
 Citizens and Inhabitants of the (aid City, being 
 faithful Subjeds to the King, were much difqui- 
 eted with the Senfe and Apprehenfions of the 
 Dangers threatning the Perfbn of the King, his 
 Government and Realm, by reafon of the Con- 
 fpiracies aforefaid, as is by both King and Parlia- 
 ment affirmed and declared ; and conceiving no 
 better means to prevent than by the fitting of the 
 Parliament j and having received a Petition from 
 divers faithful Subjedis, Citizens of London, to the 
 fame effed:* And it being lawful to Petition, the 
 Mayor, Sir Patience Ward, and the Aldermen and 
 Commons in Common-Council afferabled, for the 
 Prelervation of the King and his Government, 
 did caufe to be written the Petition in the Repli- 
 cation mention'd, which is let forth in hac verba ; 
 and did order that after the fame was prefented to 
 the King it (hould be printed, for the fatIsfa(5lion
 
 €;!)£ tlam of Ca?po?atfon0. 
 
 *of the troubled Minds of the faid Citizens ; and 
 
 * traverfe the writing or making any other Petition, 
 ' or maicing this to any other End or Intent than they 
 
 * have Pltaded. 
 
 * The Attorney General, as to the Plea of the 
 
 * Mayor and Commonalty and Citizens, pleaded 
 
 * to the making and publilWng the Ordinance about 
 
 * the Markets, 
 
 ' Protefiandoy That the Mayor and Commonalty 
 
 * and Citizens were leized of the Markets, nor ac 
 ^ their Charges provided Stalls and Neceflaries, or 
 
 * Market-places. 
 
 * Vrotejiando etiam^ That the faid Rates and Sums 
 ^ were not reafbnablc, 
 
 * For Plea faith, That by a Statute made 21 C 2. 
 
 * it was ena£l:ed that Places for Markets fliould be 
 ' fet out, and 2 d. per Chaldron upon Coals for 
 
 * the Charge of that and many other things were 
 
 * given ; and that they received a great Sum out of 
 
 * that Duty for the Purpole aforefaid : and yet for 
 
 * their own private Lucre tooii the Money by the 
 
 * Ordinance, 
 
 ' And trivcrfcth that the Mayor and Commo- 
 
 * nalty and Citizens time out of mind, habuerunt (^ 
 ' habere conjueverunt tolftePa rat as fiv£ denariorurti 
 ' fummas per ipfos Majorem Communitatem ^ C<- 
 
 * ves fupenus Juppofit. per pre fat am Legem five Or^ 
 
 * dinationem pradiB"* afjej? (^ in certttudmem re- 
 
 * duS^ proui per placitum fuum fuperim rejungenJo 
 
 * phcitat* fupponitur. 
 
 * And to the Plea of the Mayor and Commo- 
 
 * nalty and Citizens pleaded to the rclidue of the 
 
 * Attorney's Matter affign'd for « Forfeiture as 
 
 * aforefaid^ 
 
 fTh€
 
 Cfte Ham of Co^pojaticujj; 3 j ^ 
 
 ' The Attorney Proteftando^ That the aforefaid 
 
 * Prorogation of Parliament was for Urgent Caufes 
 
 * concerning the Good of the Kingdom, and thcre- 
 'by the Profecution of Publick Juftice not in- 
 
 * terrupted. 
 
 * And demurs to the faid Plea oi the Mayor and 
 
 * Commonalty and Citizens, by them pleaded as to 
 
 * the Petition. 
 
 ^ R^huttsr. 
 
 * The Mayor and Commonalty and Citizens, 
 
 * as to the making and publiftling the Ordinance 
 
 * for the Payment of Monies by thofe that come to 
 ^ the (aid Markets, fay as before, 
 
 * That the Mayor and CommoBalty and Cici- 
 
 * 7.ens have timeout of mind, had, and accuflomcd 
 
 * to have reafbnable Tolls, Rates, or Sums of Mo- 
 
 * ney cf all Perfons coming to thefe Markets with 
 
 * Vi<5tuals and Provifion^ there to be fold, for Stalls, 
 
 * Standing, and other Accommodations by them 
 
 * had, for expoiing their Vi(ftuals and Provifions to 
 
 * Sale, and of this they put themfelvei upon the 
 
 * Country, &c, 
 
 * To this Mr. Attorney demurs. 
 
 * And as to the Plea by the Mayor and Commo- 
 ' naky and Citizens pleaded to the relidue of the 
 
 * matter by the Attorney General affigncd for For- 
 
 * feiture^ they join in Demurrer, 
 
 Memorandum, That when the Dsmurrer in this 
 Cafe was joind, (viz.) Mich 54 Car. 2. 
 Mr. Serjeant Pemberton was Chief 'j-uftice cf 
 the King's Bench. But before Hillary-Terw, 
 that it tame to be tirgued, be was remo'vtd 
 and made Chief fajiice of the Common Bench : 
 j^nd Sir Edmund Saunders, who had been 
 Council fur the King, m drawing andadvijing 
 the Pleadings^ was made Chkj Juries ofths 
 Kttt'i's Bench. Tht
 
 210 
 
 ilLf)t tm of Co^po|.at(on0. 
 
 The Opinion of the Coiirc. 
 
 SatinderSy C. J. Jones^ ^{aymond and 
 Withens. 
 
 I. I *H AT a Corporation Aggregate might be 
 JL (elzed : That the Star. i8 Ed. ^. c. i o. 
 is exprefs, That the Franchifes and L berries of the 
 City upon fuch Defaults fhall be taken into the 
 King's Hands. And that Bodies Politick may offend 
 and be pardoned appears by the general Article of 
 Pardon, 12 Car. 2. whereby Corporations are par- 
 doned all Crimes and Offences, and the A61 for re- 
 gulating Corporations, i 3 Car. 2. which provides 
 that no Corporation (hall be avoided for any thing 
 by them raifdone or omitted to be done j (hews 
 alio, That their Charters may be avoided for 
 things by them mifdone or omitted to be done. 
 
 II. That theexading and taking Money by the 
 pretended By-Law was Extortion, and a Forfeiture 
 of the Franchife of being a Corporation. 
 
 In. That the Petition was Scandalous and Li- 
 bellous, and the making and publilhing it a For- 
 feiture. 
 
 IV". That the A£t of the Common- Council was 
 the AO: of the Corporation. 
 
 V. That the Matter fet forth in the Record did 
 not excule or avoid thole Forfeitures fet forth in the 
 Replication. 
 
 VI That
 
 <irt)e Latu of Co^poiatfonji^. j^i 
 
 VI. That the Information was well founded, 
 and the Court g.-tve Judgment as aforefaid. But 
 refpited the Entry till the King's Pleasure were 
 known. 
 
 Accordingly, after Entry made by the Attorney 
 General, tiiat as to the IfFue to be tried by the 
 Country, as to the claiming to have and con/titute 
 Sheriffs, as to having the Mayor and Aldermen 
 to be Juftices of the Peace and to hold Sefl[ions> 
 Quod ipfe pro Dcm* Rege ulteriuf non vnlt profe<^ui. 
 And Judgmant was as to that eant tndejine dte Jal- 
 vo jure Regii fi aL d^c. 
 
 CAP.
 
 i^*^ 
 
 CAP. XXV. 
 What diall amount to a Forfeiture. 
 
 Corporation fetfed for notorious Kict. Dr. Lambs 
 Cafe. Rtot and Murder. Ctnfjue-Vorti for not 
 obeying a Certiorari. Mtfufer of a Franchife a 
 Forfeiture. Where many Perfons are concerned 
 in fomt of Charge or Difcharge^ hoiv the King 
 may fue. Prerogative in f leading. In two Cafes 
 Ltherties may he f€iz,ed by award of the 
 Court. Where Judgment of Oujler (l)all he 
 cntred. Where Setjure. Several forts of Sei- 
 fures. The way to take off the Ktng^s hands. 
 Whatfoever ts contrary to the Duty and Trufi of 
 a Member ts a Forfeiture. Mandamus to choofe 
 an Alderman. IVhat rKifcarriages are a caufe of 
 Forfeiture. 
 
 I 
 
 N II H. 6. a. Prefentment was made before 
 Fortefcuej againft the Town of Norwich^ 
 that there was a great Riot in Norwich j and 
 one Gladman took upon him to be Kin^, and 
 For Riots, went with a Crown ot Paper in a riotous manner 
 to the Prior of Norwich ; and altho it appears not 
 on the Roll (]utd inde 'vemtj yet fer Rot. Pat. 
 x"! H. 6. Membr. i :j. their Liberties for that caufe 
 were feiled and regranted. 
 
 Mich. i^Edw.T,. Rot.iifX. An Indi(51:ment of 
 a Town in Devenfijire, for fuffering an Aflembly, 
 as it were, to hold Aflizes in mockery of Juftice. 
 
 P. 18. Car. I. Information was brought againil 
 the Mayor and Commonalty of London^ whereas 
 they were incorporated by that name, and it was 
 a walled City, and recites the Statute of a Edv.'. 
 4» That the Mayor for the time being, and all 
 
 who
 
 Cfje %m of Cojpoiati'ongf* 31? 
 
 who have been Mayors^ ihould be Jufticcs of Peace 
 
 within the Ciry, and that the Sh(7rilfs are made a* 
 
 mongit themlelves, and Coroners appointed by 
 
 themfeJves, and that by Law they ought to fup- 
 
 prefs riotous and unlawful Affcmblles. Nocwkh- 
 
 (landing in yu7te 4 Caroli, in the day time, one 
 
 John Larub alias Do6tor Lawb^ was fliin in a Tu- „• , j «» 
 ^ X 1 r 1 ^/r 1 ' Riot and Mur- 
 
 niulr, and none of the Oltenders taken, nor any (jgj., 
 
 Perfbn known nor indi6ledfor that F'elony. And 
 
 upon this Information the Mayor and Commonalty 
 
 appeared and acknowledged their Off( nee, and po- 
 
 fuerunt fe in gratiam Ciiriey for which they were 
 
 amerced 15-00 Marks : for it was conceived to be 
 
 an Offence at the Common Liw to fiiifer (uch a 
 
 Crime to be committed in a walled Town tempore 
 
 aturno^ and none of the Offenders to be knov/n or 
 
 or indi6ted. 
 
 A Certiorari was awarded to the Mayor of Hyth 
 •and the Jurats there being one of the Cincfue ports ^ 
 i& remove an Ifididirnent of Felony, viz,. Burg- 
 lary, ag-iinll one T. lijppoled to be committed 
 there. The Writ v/as not returned upon pretence 
 of a Privilege, or Liberty belonging to the Cinque- 
 Ports^ that the Kings Writ out of any of his Courts 
 ■fhall not be awarded unto them, but ought to be 
 direiled tothe Lord Warden of the Cmcjue-Ports-i 
 who ought to m,:ike W^arrant to them to execute 
 it ; whereupon an aliat Certiorari was awarded and 
 delivered to the Mayor and Jurajs in Court, upoa 
 Oath made thacthey faid they would nor return it,' 
 and they imprifoned the Menenger that brought It, 
 The Attorny- General was ordered 10 exhibit an 
 Information againft them. 
 
 A like cafe was, A Certiorari was 8 Car, i. certiorari 
 prayed to be av/afded to the Mayor of Do'ver, be« .. 
 ing within the Cincjite-Fort:^ to remove an Indidt- %■ 
 jnent of Felony againft one O. who- was indidied 
 thbreoF Buggt'ry. Per C.m\ This (hall not be dt-. 
 y z re^'led
 
 31^ C6c tm of Co?po2at(on0* 
 
 reeled to the Lord Warden of the Cinejue-Porffy 
 but ftiall be immediately directed to the Juftices be- 
 fore whom the indi6lment was j for they held Plea 
 of it as Juftices oi the Peace, by virtue of their 
 Commi0ions, and not by their ancient Charters or 
 Pr< fcription, which was awarded according^Iy. 
 
 Inter petttjonet mParliawent'* temps, Ed. I, Quia 
 hf Mines Ae Southampt. verbera-verunt d^ vulnera- 
 i^erunt Gtlbert. Canon (ju: ex^utbatur prtceptum Re- 
 gis in diUa villa pro trar.fgrejjione 'villa villa cap- 
 la fuit in znanu) Regis ^- jinim fecerunt ^ fir' 
 mam fu^m exiltaverunt ad lo 1. per Annum. 
 
 ] 3 td. I. Rot. fin. memk lO. pro civibus No'f 
 7VICI re/iifhtione pofi Ctvitat^ capt. in manus Regit 
 C^ coTKbiijiior,e EccUfie ib. ibid. 
 .. ,. p A Mifufer of a Franchife is a forfeiture of tiiat 
 
 Franchiic. Abbot of St. Albans Cafe, 8 Hen. 4 1 8. 
 The King feifcd the Franciiile into his Mands, be- 
 caulc the Abbot who had the Goal would not give 
 l^icdgcs to n^ake Deliverance, and for detaining 
 Prifbners a longtime without making lawful Delive- 
 rince: And iho fuch Franchifes are enjoyed by 
 Perfons in a corporate Capacity j it was a Qutfti- 
 on (a firange one) whether a Corporation can be 
 forfeited^ tho the Recorder challenged any Man to 
 fhew a Frcccdent where ever there was a Forfeirure 
 of a Corporation, or a Judgment given againft a 
 Corporation ro forfeit it. 
 
 Now Selfures pf a Corporation were owly until 
 Fines were paid to the King, but deftroyed not the 
 Corporation. 
 Where many Where many Perfons are jointly concerned in 
 Perfons aic^ Charge or Difcharge, and the King hath caule of 
 pohit or ^"^^ againft them, he may fuc thcnv either by na- 
 Charge and ming ^ome particular Perfom with a general refe- 
 Drlchaige, how rence to others, as (^ altos Inhabitantet. 
 tiie King may gy Information of Quo H^arranto the King may 
 ^*^' go upon the Title, and take Advantage of any 
 
 dcfed
 
 Cfjc lalD of Co]pD2ationsf. 3 ^s 
 
 defc£l therein, or of the pleading thereof, and inay 
 alfo affign breaches for a Forfeiture, as is held in Prerogative in 
 the cafe of Ma) denhead-bridge, and the King may f'«*«^"'6- 
 plead feveral Pleas, and tal^e /everal IfTues, and de- 
 mur to part, as he (hall be advifcd. 
 
 Liberties may be feizcd into the Kinj^s hands by In two Cafes 
 award of the Court, or put into the King's hands, l-'t^rries may ] 
 and that in two Cafes principally. l\^^''^f ^l^^' 
 
 1. Where the Defendants are fummoned to ap Court. 
 pear at the King's Suit, and make Deiault. 
 
 t. Where a Contempt appears upon Record in 
 returning or executing the King's Procefs. 
 
 Brigs* s Cafe 1 Rol. 4'). In a Qu^ Warranto the 
 Defendant appeared not at the day, the Liberties 
 were feifed. 
 
 Where it clearly appears to the Court,that where 
 a Liberty is ufurped by Wrono;, and upon no Ti- W^^re jWg- 
 tie, either by rhe Kings Grant or otherwile, there fl,^|j ^^^„^^ 
 only Judgment of Oufter fliall be cntred ; but 
 where it appears that the King or his Anccftors 
 have once granted a Liberty, and the Liberty is 
 midied, judgment of Scifure into the King's hands virhcre f ' 
 fhall be given. 
 
 In all cafes of Difclaimer Judgment only ofOnJ^er 
 
 fliall be given. 
 
 There are other Seifures which are by Procef*. . , . ^ 
 , ^ -rr Li^ ■ f T • r .'Several forts of 
 
 by CommillionoiLnquiry, upon Inquilition round, Sgi^„jcj 
 
 or upon Prefentment, fuch are always for Forfei- 
 tures on Faults found in breaches of Condition an- 
 nexed by Law. 
 
 In thefe cafts of Seifure for Forfeirures,no Court, _, 
 or the Lord of a Liberty, whether politick or na- j^j.^ off the 
 tural, can admit to a Fine ; neither is there any o- Kings hands, 
 ther v/ay to take off rhe King's hands, but by di- 
 reS: traverfe of the Fa(5t, if the Fact found be not 
 true ; or by demurrer, if rhe Fa6l found be nut in 
 Law a fuiScicnt caufe of Forteirure. 
 
 Y } Wh^;.
 
 3i6 %l)z taU) of Co2Poaation<3. 
 
 '■ ' ■ "Whatfoevcr is contrary to the Duty and Trufi: 
 
 of a Member amounts to a Forfeirurej as to him ; 
 
 and what any Member may forfeit, every Member 
 
 may; and the lame A6t which will amount to a 
 
 Porfciture of every Member (tparately confidered, 
 
 if done joyntly by all the Members will have the 
 
 iame eSeci. 
 
 MAfn^imus to Where an Alderman is dead, the King may fend 
 
 cboofe an Al- his MandaTKus to choole another, as was done in 
 
 dcrmaa. the Oiih oi 'Launcefioft^ Paj'ch. ^ Car. I. ig. 
 
 If they yield not obedience they may be fined. 
 In caie the Corporation cannot do juftice in 
 punifiiing and difplaclng the Ofifendcr, either be- 
 caufe the Majority are Offenders, or favouring or 
 abetting the Offenders, there being a failure of 
 Juftice in the Franchife v/hich the Law will not 
 permit; by judgment o\ the Law the City or Vil- 
 lage fhall be reftored to the Government or Jurif^ 
 didiion of the common Law, by the feifure of Fran- 
 chile into the Kings hands. 
 
 Failure of Juftice, and the not fupprefling noto- 
 rious Riots and Tumults, have been adjudged good 
 caufes of Forfeitures ot Liberties, and the Plea of 
 non-ability to fuppreB them difallowed, as an ex- 
 eule as to the point of Forfeitures. 
 .,,, .f. ■ It is agreed that every perfonal milcarriage of the 
 riaecj are a -Mmilters or a Corporation was never any cauieot 
 caufe of Forfci- Forfeiture ; but it muft be mifcarriages of Omiilior. 
 turc. or Commiflion, v/hich amounted to a mi/govern- 
 
 ' ment in the Corporation. 
 
 M. "Lf Car. 2. The cafe of the Mayor of TV/' 
 combt upon Complaint in this Court to the Lord 
 Chief Jtjftice Hales^ of hisrefufal to fign the poors 
 Kates ; )ie publickly declared to him, that if he 
 perfifted in his obftinacy, a QuoM-'arranto might be 
 brought to feife the Franchife. 
 
 . CAP.
 
 Cbc laiu of €omi^tiQnfs* ^^7 
 
 CAP. XXVI. 
 
 what are geodand fttfficient Caufes to disfranchife 
 or turn out a Ciiizent Freeman, or Burgefs of 
 any City or Burrough incorporate, and to dif- 
 cbarge him of his Liberty or Freedom. So to re- 
 move a Recorder, '1 own- Clerk, &c. Words of 
 Contempt contra bonos mores. Endeavour and 
 no Acl not a good Caufe. Common Drunkard a 
 good Caufe to remove. Old j4gc. Opprobrious 
 "Words againfi the Corporation. A Ferfon infa- 
 mous. tioTVy and by what means a Man is to 
 he disfranchifed. Suppofe they return a fuffici- 
 ent Cauje, and the Cauje he falfe. Where a 
 Ferjon may be removed without Caufe, ■ 
 
 TH E caufe of disfranchifemenc ought to 
 be founded upon an A61 which Is agalnfl: 
 the Duty of a Citizen or Burgefs, and 
 to the prejudice of the publick Weal of the City or 
 Burrough whereof he is Citizen or Burgefs, and a- 
 gainft his Oath, which he took when he was fworn 
 a Freemen of the City or Burrough ; for the one 
 fiiall not be charged in any Court Judicial for the 
 breach of a general Oath which he took when he 
 became Officer, Minilter, Citizen or Burgefs, d'"<r.' 
 yet if the A61 which he did be againll the ^id Du- 
 ty and Truft of his Freedom, and to the prejudice 
 of the City or Burrough, and alfb againfl: his Oath, 
 this much enforceth the caule ot his removal, and 
 it is a condition in Law, tacitly annexed to his Free- 
 dom or Liberty, which if he break he may bedif^ 
 franchifed. But words of Contempt, contra bones Words of Co ii ■ 
 mores, tho fpoken againft the chief Officer or his '«"ipf contra. 
 Brethren, are good caufes to punifh him, and to ^"^"^ '"'"'*^' 
 
 Y 4 commit
 
 3i8 €(je Lalu of Co^po^atfong^ 
 
 commit him till he find Surety for his good Behavi- 
 our, bj^t not to disfranchifc him. 
 
 So if one intend or endeavour of hlmfclf, or con- 
 fplre with others to do a thing againft the Duty or 
 Trull of his Freedom, and to the prejudice of the 
 pubh'ck Weal of the City or Burrough, but does 
 not execute any thing, this is a good caufe to punifli 
 him asaforcfaid, but not to disfranchife him, and 
 the reafon is, When a Man is a Freeman of a City 
 McfrolAfl ^^ Burroughs he hath a Freehold in his freedom 
 for his Life, and with others in their politick Ca- 
 pacity had Inheritance in the Lands of the (aid 
 Corporation, and interclt in their Goods ; and per- 
 ^_. adventure this concerns his Trade and means of 
 
 Living and Credit, and therefore endeavour is not 
 fufficient without (bme Acl done by him. i Rep. 
 James Bagg^s Cafe. 
 CoremonDfan* ^f ^n Alderman be a common Drunkard, this 
 kard. is a good caufe to removd him from his place; for 
 
 a common Drunkard is not fic for Government. 
 Tr. l^Jac. B. R. Taylor. 
 
 If an Alderman comes to the Age of 70 Years, 
 Old-age. this is no caufe to remove him ; for fome Men at 
 
 that Age have good Parrs and Undtrftanding. Ha- 
 z.ards cafe, an Alderman of Clocejler. l Rol. A- 
 bridge 476. 
 ©pprobrioBs Upon an Habeas Corpus to the M'lyor of Lots- 
 
 wordi againft JoTfy a Cuflom was returned to disfranchife and 
 the Corporati- commit a Freeman for fpeaking opprobrious words 
 °"* of an Aldermen. The Court faid they might Fine 
 
 in fuch a cafe, but the other Cuf!om would nor hold 
 notwithftanding the A6t of Confirmation of their 
 Cuftorns. I Ventr. 96. Bradnoxs Cafe. 
 InfamoM. If a Citizen or Freeman be attainted of Forge- 
 
 ry or Perjury, or Confpiracy, at the Suit of the 
 King, (^c. or of any other Crime by which he is 
 become infamous, upon fuch Attainder they may 
 remove him. 
 
 So
 
 C()e LaU) of €o^po^atioti0. 319 
 
 So if one be convi(5i:ed of any fuch Offence 
 which is againft the Duty and Truft of his Free- 
 dom, and ro the publick prejudice of the City, (^c. 
 as if he burn or deface the Deeds or Evidences of 
 the City or Burrough, or rafe or corrupt them, 
 and be of this convift and attaint, thefe and other 
 fuch h'ke, are good caufe to remove him. 
 
 But no Freeman of any Corporation may be dif- 
 franchifed by the Corporation, unlefs they have 
 Authority to do it, eitlicr by exprefs words of the 
 Charter, or by Prefcription : but if they have no 
 fuch Authority, then he ought to be convicted by How, and bj 
 courfe of Law before that he can be removed, what meani a 
 Mag. Cb,c.zg. Nemo dijj'eifietur ^e libera tenement o Man is to b« 
 fm vel Itbenatibuij &c. nifi per Legal, judicium ^J'sfanchifcd. 
 parium fuorum aut per legem terra. Yk the Cor- 
 poration have power by Charter or Prefcription to 
 remove him for reaionable Caufc^ this fhall he per 
 legem terra ; but if they have not fuch Power he 
 ought to be convicted, pfr judicium parium fuorm 
 and yet tho they have lawful Authority, by Char- 
 ter or Prefcription to remove any froin his Freedom, 
 and that they have juft caufe to remove him, yet if it 
 appear by the return, that they have proceeded a- 
 gainft him without hearing him to anfwer what is 
 objeifted againft him, or that he was not reafbnably 
 warned^ fuch removal is void. 
 
 Now if any Bayliif of a Town be difplacedby 
 the Mayor and Burgeffes of the faid Town, &c. f^l^^^l^ 
 a Writ may be awarded out of the King's Benchf i^j^jjout cufc 
 upon Complaint made to reflore him, and if upon 
 the Pluries they do not fhew fufficient cau(e of his 
 difpiacing he (hall be reftored : for the Bailiff is an 
 Officer of the King, and fo cannot be difplaced^ 
 without caufe. Tompf'm and the Town of Cam- 
 bridg : iio of Aldermen, &c. 
 
 But
 
 3 ;o ^(je laU) of Co^po^atfon0» 
 
 If they return But fuppofe they Rtum a fufficient caufc, and 
 a fufficient tj^g cauic be falfe, in fuch cafe the Court of Kings 
 caufc, an t le jog^^^ cannot award Reftitution, neither may any 
 caule be falie .er \ » • r i i -n* • ^ 
 
 jllue be taken upon it ; for that the Parties are 
 
 Strangers, and have no day in Court, but the Party 
 grieved may have an A6tion upon the fpecial mat- 
 ter againft thofe which have made the Certificate, 
 and aver ic to be falfe, and if it be found for him, 
 and he oWtain Judgment againft them, fb that it 
 may appear to the Juftices that the caufes of the 
 Adion are falfe^ then they fliall award a Writ of 
 Reftitution : and in fuch A6lion, or in Trefpaft, or 
 falfe Imprifonment, as the cafe happens to be, the 
 Pleading. cauf^s of his Disfranchifement ought to be pleaded. 
 I I Rep. 199, Baggs*s Ca(e. 
 
 Clark of Hereford being expelled from being a 
 Burgefs there, procured a Writ to the Mayor and 
 Words of Con- ^urgefles to reftore him, or fignify the Caufe, 
 tempt no caufe who returned that he being Church- warden, pre- 
 ©f Expulfion. fented one of the Burgefles malitioufly, without 
 caufe, for being abfent from the Perambulation, 
 for which being rebuked by the Mayor, he faid 
 contemptuoufly, / care not for Mr. Mayor, nor 
 any of the Burgejfes, and for this caufe he was 
 expelled. And pr Cur. It is no caufe of expulfi- 
 on ; wherefore a Writ of Reftitution was award- 
 ed. Cro. Jac. 506. Claris s Cafe. 
 
 Warren being one of the Council of Coventry 
 was removed, and obtained a Writ of Reftitution, 
 and thereupon the Corporation returned, that they 
 had a Cullom to t\t6t any to be of the Common- 
 Council, and to remove him ad libitum, and that 
 Warren was removed, \^c. and the Court held, 
 Where a Per- jj^^^ |.|^g return was good, and the difference is 
 mol^ed^without '•^^^' Where a Man Is a Freeman or Alderman, 
 caufe. <^^- ^hey cannot remove him from his Freedom or 
 
 Place without caufe ; and m fuch a cafe fuch a 
 
 Cuftom
 
 C()C JLatu of €o^po^1t(ou!J♦ 33 1 
 
 Cuftom is void, bccaufe a Man hath a Freehold 
 therein ; but to be of the Council is a thing col- 
 lateral to the Corporation ; and then the Coun- 
 cil furmifed that he was an Alderman, and re- 
 moved ; whereupon a new Writ was iffued to re« 
 ftore him to his Aldermanihip. 
 
 And this Confideration brings me to the next, 
 viZf. of Mandamus. 
 
 CAP.
 
 3.3 2- ^De idaltj of Co^poiat(oii0» 
 
 CAP. XXVIL 
 
 Mandamus and Returns. 
 
 Torefiorea ComTtion-Council Man 0/ Northampton.' 
 The Manner of a Moving muft be returned. 
 fVhere removal naay be without Caufe, and -where 
 not. Of Election durante beneplaclto. Debito 
 modo ele6lus ho-w extends. The Ccart of B. R. 
 may force a Corporation to [wear a Return.^ (ed 
 ci^utT .Charter merges not any ancient Privileges. 
 Removal for Nonfubfcription tipun taking the 
 Oaths. fVhere the Return good or not. When a 
 Man agrees to be of a Company he mufi fubmit to 
 the Laws thereof. A Peremptory Mandamus, 
 Mandamus to enter up a Judgment. Recorder^ 
 Serjeant , Common-Council- Man. Refgnation 
 returned. The bringing the Mandamus admits 
 the Corporation. Mandamus to make Apprentice 
 Freey Fellow of the College of Phyfcians^ Attor- 
 ney, Solicitor, Town-Clerk, Steward of a Court 
 Baron, Leet, Ufier of a School, Debire ad- 
 miffus how tryed. Treajurer of the New River 
 Water. A Minter. Ill Return becaufe one part 
 of the Corporation left out. Durante bene gcftl-rit. 
 Mandamus Tefte out of Term. Of filing the 
 Returns. Attorney in Inferior Court. Prefu-lent 
 of a Mandamus to Dr. Widdrlngton, Fellow of 
 ChriftVO)llege in Cambridge. 
 
 IF any of the Bailiffs of a Town be difplaced by 
 the Mayor and Burgefles of the Town , a 
 Writ may be awarded out of the King' i Bench, 
 upon complaint, to reftore him ; and upon the Plu- 
 ries if they do not return fufficient caule ro displace 
 
 him
 
 C6e %m of Co2Po?at{fln0. ^^ ^ 
 
 i^lm, he (hall be reftored, for a Bail-'flF is an Officer 
 of the King, and fhall not be displaced without 
 caufe. i Rols Abr. 45 ^. 
 
 Braithwait brought a Mandamus to the Mayor, 
 Bailiffs and Burgefles of the Town of Northampton, 
 to be reftored to the Place of Alderman there. They 
 make a Return, wherein they fet forth the Letters Pa- 
 rent 1 6 Car, I . by which they were incorporated of a 
 Mayor, i Bailiflfs, and 48 Burgeflts, and Power 
 given to hold a Common-Council ; and that the 
 Mayor , Bailiffs and fiich BurgtiTes as had been 
 Mayors (commonly called Aldermen) fliould have 
 Power, upon juft caufe, to amove any Common- 
 Council-Man from his place there : And fet forth 
 how B. was a Member of the Common-Council,and ' 
 bad committed divers Offences, which, they expref- 
 fed ; whereupon tali die d^ An. the Common- 
 Council jummoTjiri frocuraverunt the faid B. and 
 he refufin^ to.come to anlwer was the fame day amo- 
 ved ah officio fuo d^ loco fuo in Communi Conjiliofer 
 Majorem ^Burgenfes Author if ate d^feeundumChar- 
 tarn fradttt. It was fet forth alfb, that they had 
 command from King and Council to amove him. 
 
 Exceptions to the Return. 
 
 I. It doth not appear ^uod fummonitus futt. 
 But it was held (ummoniri procuraverunt was all 
 one. Aliter if it had been froturaverunt J. S. 
 eum fttmmonirey that is ill. 
 
 1. They had not purfued their Authority. The 
 A 61 ion is faid to be per Majorem (^ Burden fes 9 
 and that might be by Mayor, and Burgefles that 
 never had been Ma'yors. Nipw aUcc It (hall be in- 
 tended that all the BLiigefles were there, and that 
 they all ?greed to remove him. And it's faid per 
 Aiajorem d^ Ewginjes fecundum Chartavt. It it 
 iiad been returned that he was amoved fecund«m 
 
 Chartam
 
 334 ^6^ ^^^ ^^ Corporations. 
 
 The Manner of Chartam generally, it had not been good ; for 
 amoving mull there muil be th©- manner returned, that the CourC 
 may judge whether the Authority b^ purfued. Tt 
 was fajd, fer Cur* That the King and Council 
 may disfranchife any Member oF a Corporation* 
 I Ventr. zo. Braithtvaith Cafe. 
 
 be returned. 
 
 Where they 
 mar reni»M 
 without caufc 
 ^ nd where not- 
 
 If the Return be upon the removing of a Town- 
 Clerlc that they had Authority to grant the Office 
 of Town-Cleric durante beneplacttOy then there 
 need no caufe o£ removal be expreffed in the Re- 
 turn. But Twtfden took this difference in Di^h con's 
 Cafe, who was Town-Clerk of Stratford upon 
 A'von. Where any fuch Power is to choofe a Man" 
 into a Judicial Office, as an Alderrnan, which p'acc 
 concerned Judicature, there they cannot remove 
 him without Caufe ; but this was in a Mlniftcrial 
 Office, I P^entr. JJ. . 
 
 Now in X Cro. 540. JVarren*^ Cafe, the Return 
 was as in Dtghtonh Cafe , Durante beneplacitp„ 
 But the Cafe of Alderman differs froni a Town- 
 Clerk j for an Alderman is a part of the Corpora- 
 tion, which is a difcontinuing Body, and no Menw 
 ber thereof can be difplaced at the Will of the rcfi: 
 without dufe. So of a Common-Council-Man. 
 If the Letters Patent had been to choofe a Town- 
 Clerk generally, it had been far his Life : Or to' 
 choofe one, provided they might turn him out at 
 their Will and Plcafure, yet they could not have 
 done fo without caufc. But the Authority is abfb- 
 lute to choofe one durante bene^UciPo, i Ventr. 8x. 
 
 Holt Recorder of Abrngdort was chofen (b du- 
 rante beneplacito. Quer. had the Eleftion been un- 
 der the Common Seal. I^td. Sir Tho. Jones 51. 
 
 A. M. had a Mandamus dire6led to C. L. Mayor 
 of the Burrough of T. in Corn^Vall, to be fworn 
 Mayor there, according to an Ele£lion made of him 
 by thie faid Burrough; to which' Wrif the faid' C.L. 
 
 f'^curns/
 
 COe Tlauj of Co^po^ationg* 3 3 ^ 
 
 returns, That before the coming of the faid Writ, 
 i'viz,.) fuch a day, he the faid C. L. was removed 
 from being Mayor, and one IV. /}. then chofen ad- 
 mitted and fworn, and from that time hucufejue fuit 
 ^ adhuc eft Major Burgi praJici^ and by realon 
 of the (aid Office hath the cuftody of rhe conimon 
 Seal, and therefore the laid C. L. could not rcftore 
 him as the Writ requires. And it was objc6led this 
 is no good return, becaufe he faith not the new 
 Mayor was dehito mhdo ele^hfs^and it may be he was 
 chofen not according to Charter. The Court was 
 divided, fume being of Opinion that it fhall be in- 
 tended he was debito modo eleBt/s. It was faid in 
 this cafe if the Court rufpe61: a Return to be falfe, 
 this Court {B. R.) can make a Corporation to 
 fwear a Return, Raym. 365'. Aian^tons Cafe. But 
 in Stephen s Cafe Rajn?. 4';i. l^id. this Cafe in Sir 
 Tho. fcnes^ ^77' ^uch Return was adjudged in- 
 fufficient, becaufe it anfwers not the Gift of the 
 Writ ; for by fuch return any Officer may be kept 
 our, for the Party may procure another to be chofen 
 before the Party elcftcd can procure a Writ. The 
 Defendant ought to have returned that the Perfon 
 that procured the Manda777r(s was never ele<5tcd, 
 and fb he might have anAdHon for his falfe Rerufn. 
 Mandamus to reftore one ro be Alderman o^Car- 
 lijle; the Return was of the Charter of King Charles 
 the Firft, though as they fet forth, they were time 
 out of mind a Corporation^ and that every Alder- 
 man fhould continue fo during his Life, if hefhould 
 (b long well behave himfelf. They return a great 
 misbehaviour and riotous doings to the Mayor and 
 Aldermen, and therefore they removed him. Fer 
 Cur. the Return is good ; for though by the Char- 
 ter of I 3 Car. I. there is no Powci* given to the 
 Corporation to remove an Alderman, yer when the 
 Cofijiliarii-, alias ^Idermanni.^ were before tiie fai<J 
 Charter removable for reafbnable caufe, the lame 
 
 Power
 
 3 ; 6 ^6e Latu of Co?po]at(on0^ 
 
 Power ftill remains, for th^t the Charter doth not 
 merge nor extlnguilli any of the ancient Privileges. 
 Raym. 43^. Had Jockos Cafe, 
 
 Mandamus to the Mayor» Sheriffs Citizens and 
 Commonalty of the City ot Norwich^ to reftore 
 Tbacker to the Office of Alderman of the faid City. 
 They return for Caufe, That the faid 'Tbacker be- 
 ing elected an Alderman in the 16 Car. 1. took 
 three Oaths in the faid A61, but did not fubfcribe 
 when he took the Oath for the executing of his 
 Office, but fubfcribed it when he took the Oath 
 before two Jullices of Peace of the City j fo they 
 chofe another in his room. Holt, the caufe is not 
 fufficient to hinder Reilitution j for it appear? not 
 that T. was required to make Subfcription. ¥er 
 Cur. Tender is not neceffary, but the Officer at his 
 Peril ought to do it, otherwifc it ihould be in the 
 Power of the Corporatbn to omit it. The Office 
 is void by non SuWcription ; for this Provijo makes 
 the Election void, as in Stat. 5 i Eliz,. againft 
 Symoniy Sir Tbo. Jones ill. the King againft 
 Tbacker. 
 
 When a Corporation amoves a man from Town- 
 ^ . Clerk, &c. though it do not appear on return 
 
 that they had difcharged the Perfon by any matter 
 in Writing under Seal, it may be good if it be re- 
 turned that it was done by the Mayor and Bur- 
 geffes, and a Corporation cannot do any thing by 
 far el. Vide fupra. i Ventr. 77. Dfgbte»*sCzCc. 
 
 Tavernor cholen into the Livery of the Vintners 
 Company in London, had a Mandamus dire6bed to 
 the Mafter, Wardens and Adiilants of the (aid 
 Company to admit him to be a Livery-man, accor- 
 ding to the faid Eleilion, to which they return, their 
 Incorporation X Ff^. ^Jac. i. and that they may 
 make By-Laws :That the Office of Livery hath been 
 a place of Dignity, and that every one eleAed into 
 the faid Office ufed before and lince the faid Letters 
 
 Patent*
 
 Patents to pay a certain Sum of Money towards the 
 
 neccflary Suftentation of ihe laid Society ; that for 
 
 many Years before 24 jipr. 1 6^6. that a Sum 
 
 of Money which every Liveryman paid before his 
 
 Admi/fion exceeded ^i /. 13/. 4. J. and then a 
 
 By-Law was made that the Payment fhould be fo 
 
 much only ; and from that time the laid Sum hath 
 
 been always paid by every Man that was admitted. w'facQ g m- 
 
 That 18 June, f68o. d^ ante adventum ^^fx•^'/ agrees to be ct 
 
 fradict. he was chofen to be a Liveryman, and the a Company, ha 
 
 Mafter, Wardens and Affiftants were ready to ad- "'"^ fuiJinic to 
 
 iiiit him upon payment of 31/. i g ^. 4 d, which ^jj^^^*' '^'«''«- 
 
 he refufed. Ter Cur. Were the Sum more or le(s, 
 
 it could not make the By-Law void : For it is only 
 
 to bind the Members of the Corporation ; andi 
 
 when a Man will agree to be of a Company, he 
 
 doth thereby fubrnlt himfelf to the Laws thereof 
 
 And adjudged a good Return. Rajm. 446. Taver- 
 
 mr's Cafe. 
 
 After a peremptory Mandamus to fwear an Of- 
 ficer, no Examination fhall be permitted whether 
 he were lawfully chofen. Sir 7h^. Jones iij'. 
 
 A Alandamuj lies to the Mayor and Aldermeri 
 of London to make thera emer up a Judgment. 
 Raym. 1 1 4. 
 
 Jf a Recorder of a Town, dum fe herie i!;e_(/erit-^ 
 by which he had for his Life, be difplaced, a Wric 
 of Reftitution lies. Sir Rich. Strode s Cafe, I Rots 
 Ahr. 456 
 
 Such a Writ Hes to reftore a Serjeant of a Town 
 Jf he be difplaced. ihid. 
 
 Such Writ lies to reftore a Common-Council- 
 Man of London^ being fufpended by the Commorr- 
 Council. Ejiivtclis Cafe, x Rcls Abr. 4^5-. 
 
 Mandamm was directed to the Mayor to reftore 
 jTto the Burge.fs-fhip.The Mayor returns for Caufe 
 of his removal, that he refigned. Exception v/as 
 taken, that it dorh not appear how the C'^rporatior*
 
 338 
 
 ^6e LaDfl ot Co|poi^ufou5i* 
 
 cotTlitienctd, either by Letters Patents or Prefcri- 
 ption. Per Cur. he had rehgned voluntarilv, and 
 he is Eftopt to fay the Mayor had not Power to 
 remove him. Every Corporation, as a Corporation, 
 have power to take fuch Refignation. Ssd. f, 14. 
 L(? Roy verfus Tiddnly. 
 
 Note^ By the bringing the Afandamui they are 
 admitted to be a CorporatioH j and on a Faux Re- 
 fvirn Action on the Cafe lies againft them by the 
 Name in the Writ. I Keb. 20. 
 
 Alandamus lies to make one free of a Company 
 or Corporation, having ferved Seven Years Ap- 
 prentice. 
 
 There cannot be a Mandamus to reftore one of 
 the Fellows of the College of Phyficians of London^ 
 for he is a voluntary Member. Dr. Goddard\ Cafe, 
 Sid. 29. I Kek 75-. 
 
 The Court rcfulcd to grant a Mandamttt to re- 
 ftore an Attorney of a Corporation of Canterbury^ 
 though a Franchile for Life, being only private. 
 So uf a Solicitor. Contra of a Town- Clerk. 1 Keh, 
 545>. Hurii's Odfe, via. Std. <^^. i Keh. ^87. 
 
 Mandamus was denied to reftore a Steward of 
 a Court Baron ; for it is a private thing and con^ 
 cerns the Adminiftration of Juftice. But of a Stew- 
 ard of a Court Leet it lies. 
 
 Underhtlih Ca(e cited in Hurjts Cafe, i Keh. 
 587. A Mandamus was granted to the Burrough- 
 Court of Southwark^ to reftore an Attorney i and 
 an Aflize will not lie of fuch Office, and lb the 
 Party without Remedy. In Hurfis Cafe the Court 
 was divided. 
 
 No Mandamus lies for the Ufher of a School in 
 Cambridge. Sid. p. 40. Stamps Cafe. 
 
 Mandamus was dire6i:ed to the Mayor of Wtgan 
 to re^ore an Alderman. The Mayor returns they 
 are a Corporation within the County Palatine of 
 Lanca(}er<, and fo not compellable to return. The 
 
 Court
 
 m)2 lialu of Co^po^ation^; 339 
 
 Court fined him an hundred Marks« SsJ. p. 
 
 MandaMus to feflore one to the place of Town- 
 Clerk. They return that he was never debite ad- 
 mijJUsj and fb they could not reftore. Fer Jwifden^ 
 had it been nunquam debito tnodo admijfus, it might 
 have been good. And fer Cur. the Return as in the 
 cafe of London, 8 Rep. the Return good, and goes 
 only to the Cuflom and Ufagc of the City, not 
 whether he were legally admitted, the Law is not 
 hereby left to the Jury. But however the Legality 
 of AdmlfTion may be directed by the Judge before 
 v/hom the Trial is j and it may be that he never 
 took his Oath as he ought by their Charter, before 
 Admifliion, and adjudged the Return good. Debite 
 'vel debito medo. i Keb. 660. the King againll 
 Hereford 
 
 But by Mr. Sidtrfin in his Report of this Cafe 
 or Hereford^ k was adjudged to be an ill Return •, 
 for it ought to be ncn fun admijjus generally, for 
 if the return be faux, the party grieved (hall have 
 his ASthn on the Gale ; of which Advantage he 
 fliould be oufted, if the fpecial Return ftiail be al- 
 lowed. Sid. 209, 210. 
 
 No Mandamus lies for an Uflier of a School iri 
 I Camhrtdge, Si^. p. 40. Stamp's Cafe. 
 
 Alandawus was granted to reftore one to the 
 Trcafurer-diJoorthe New River Water in London^ 
 MrddictorPit^. 
 
 Miindamui was brought to reftore one to a place 
 in the Mint, and granted. Std. 304. 
 
 One of the Corporation fhall not be turned out 
 becaufe he refufeth to pay his part towards the Rc" 
 newal of the Charter. Sid. a8i. the Mayor of 
 Kippon's Cafe. 
 
 'Fhe Writ was d!re(5ied to the Aldermen', Bat- 
 lifts and Commonalty of Brecknock to reftore a»! 
 Aldermsl-f and the Return fs by the BiihlTo an J'
 
 540 C6c Lam of Cojpo^atlou^: 
 
 Capital Burgefles withooE the Commonalty ; which 
 ferCur. is ill, and not like a Return by any Juftice 
 ' of Peace upon a Writ oi Error dire<5lcd Cufiodibus 
 Pacts, bccaufe here the Writ is fitisfied. But in the 
 Cafe at Bar, the one part of the Corporation may 
 make one, and the other part another Return, 
 I Kek ;; 
 
 On Mandamus to reftort a Steward, they return 
 that they have turned rhe Steward out without 
 caufe and good^ if the Patent be that they ftiall 
 elecb a Steward durante beneplacito of the Corpora- 
 tion. But it were advifable to have a Scire Facta: 
 agaitft them to repeal their Charter. Sid. 461. 
 Dlghton\ Cafe. 
 
 Note^ A Mandamus doth not give any Right, 
 but reftore to a Right. Sid. 286. Bajjtts Cafe, 
 
 If a Writ out of the Kings Bench, as Manda- 
 mus, &c. be Tf/e out of the Term it ihali be 
 qualht.- 
 
 Returns upon a Mandamus may on motion be 
 filed, as Returns of Certiorariesy without reading ; 
 but on Habeas Corpus they muft be read. 1 Keb^ 
 19. 
 
 R. moved for a Mandamus to reflore an Attorney 
 within the Liberty of St. Martins le Grand^ to be 
 dire6lctl to the Steward there, d^ ei conceditur per 
 Curiam. 1 Keb. 5r49' 
 
 The Cafe of New College in Oxon was, By the 
 Foundation they were obliged to ftudy fb many 
 Years, and then to take Orders, and that the Ma- 
 iler and Scholars, for enormous Crimes, (eandalous 
 and dangerous to the College, may expel any Fel- , 
 low ; and that the Bifhop of IVinchefler fhall be 
 Vifitor,and no other ; and in cafe of Difference, all 
 Appeals fhould be made to him, and no other. And 
 that this Fellow having committed an OfiFence 
 fcanddous and dangerous to the College, and he 
 
 beinc
 
 ^Dc lalD of €o^pfl2at{on^» 341 
 
 being funimoned and convI£led of this by the Ma- 
 Iter, &c. was expelled according to the Statutes of 
 the College, upon which he appealed to the Biflhop 
 of WinchefieTi where the Sentence was affirmed. 
 This Return is not good, becaufe it mentions not 
 what the Offence was, ib as the Court may Judge 
 of It, whether it were fufficient Caufe of Expulfion 
 as in Speckoth Cafe, 5 Rep. fer Cur, The Bifhop 
 is appointed Vifitor, and no other ; he hath given 
 Sentence, and what have we to do with it ? This 
 College is a Creature made by the Founder , and 
 it would be hard to maintain any Appeal farther 
 than he hath appointed. 2 JLevins 14. Dcm R«x 
 verfus New-Ccdege in Oxov* 
 
 Z 3 Mandamus
 
 341' €i)e la\D of CCojiiojaifiMiij, 
 
 Mandamus. 
 
 Ciiftcti ^ c^Ofijit CollcQii Clijiat in 
 giuidcmia <CniiriiH fnlnrc m aim EnU (TcLliD 
 b^ington <§»iifrc <riiroloaic 5Dorto; nb locum 
 untu;flf ^ociOfUm €ollfgii pDrrf in Unibcr^ 
 fitntc €nntal)i pDict? fccuntmm fonfiiftuti 
 ibibcm ftncccnmi? iifitne nup bcOirr elrttiiflf nb* 
 minru;^ ^ coiinuu ii)5f Uur "O'n quo quibcm 
 loco uniUirf ^ocio^um CcUcgij ptiicc pDicc* 
 i1» OH. Tc Dene quictc ^ (joiicUc ccITfrir ^ 
 gubcrna\)it Mo^ tnmcn mnciRfc Tiljc cufio^tf 
 ^ Ibcij coHcoii pbtcC p,:fmirrol|. non ign.iri 
 pbice n. ^. a loco uniuflf tocio2|- colfrgii 
 ^bict miuu^ judc amobifiijflf iii noUri coji- 
 tcmptu $ ipfiu,6? 3Iv. banipnum iion niobirii) 
 ^ Orhbanirn (j ft.itu^ fni Icfioncm ficnt rr 
 tjurrcln fuancccpimu0^o0 igitur pfnf n ID. 
 bfbitani (^ fiQinam juffitiam in f/ac parte 
 fieri liolcnrcjsJ bobiitf mnnbannijof ficur p(u 
 rifjtftoobijflf maiibabinniAif firmir injuiigcnbo 
 qucb immcbiatc poJt rcceptioncm \ni)ii0 b;e* 
 bi^pfaf 11. (iSl. in pltinii) locum fuum uniu^ 
 focio^umfoUcgij pbiff renituariitf cum cmni 
 b< Iibcrrntib" p;ibilcgii^ ^^ coiumobiraf ab 
 iocum pbicf tpcrtaii) bcl priaeno* bci caufami 
 in contrarium inbe iiobi0 ?iQni(imif:( ne in 
 befii j betVrtu tjucrcla pbcniat nb nc^ ircrata 
 ■Ct qualit l)oc pccptum ncl^rnm cvcmt mhi^ 
 conflarc tac bic martt0 p;or pcHf qiiinbrna) 
 ^ct) Criiiiratijtf ulnciino; rime nirrinin^ in 
 "Hlngiia Tub pcna 200 1. ihor i'i;c\)c Jionrum 
 tunc remuten') CeHe H. f ol^rr apub llDcftjTj 
 2.0 bie ^Wiui] anno rc0ni noltri i % 
 
 <?^rrfurlo
 
 Cbe LaUi of Co.'po^atioitcf. 343 
 
 <iJrmitio ifliUjQf ti^vbi^ patet in qmham 
 
 0efpone nuigiftri fitjeninoli (f Tcl^olni 
 follf oil ibict in Uni\jcrfitatc Cantabi*. 
 
 ^0^ inagiffcc fibc ciilto^j $ fcftolarciB' toh 
 Jcgij jpHicf ill llnibcrfitatc CaataOr pDicf pec 
 jj^cncicuni iUcgc m ^Cnglic fcrf p;jinio iiidioai^ 
 ^ port ejua tJcrclTimi p il^acgaictam matcfin 
 re0i;9? ll^ciirici fcptimi angnicntnti finiti $ 
 fla&iliti rcrcnilTiino Domino Carolo rrcimtio 
 nunc Hcgi^ef Silnfflic Ijiiniillinic fcrtificanuiA)? 
 iiViiob phut IDoifi) l)ei\x vil. miii Bcjc Cinglie 
 p 3litera^^ fua5? ^atcntcj^ magno &u 
 qiUq fiio 311nglic rigillae gcrciD Dare apiiD 
 aSefim p^imo Die ill^aij SCnno Hiegnt fiii 
 2o qaoDbam colicgium aDtunc buloaritcc 
 imncupae (God's Houfc) infra llnibcrfitai* 
 CCantaOr ^hut in coUcciiiini p pDict' nomcn 
 €oiIcgii ^rij^itti in llnitecntatc Cantabi 
 p iprnricuni Begem 3finglic kx€ p^imo in^ 
 flionf ^ pod f jiii3 DecelTm p flr^argarctam 
 ComiriK Eicljmonl) matrem iHegijtf D. VII. 
 augmcnfati finiti ^ Haliiliti tranHulit $ trniir 
 miifa\Jit. 2iDcmq;mip0er C>. Vll. p enlDe> 
 Jiteca^f fiia^flf patente^tf boUiit confeifit ^ o;- 
 Diiiiibit qiioD p^ocarato^ fibc magiHer ^. 
 K^cljoiare^ aup rcUegii bulgarircfnuneupae 
 (Gcd's Houfe) ^ ^ucce(ro?e^ {ni De ectero p 
 noniia magiffri [ni cufioU $ fcJjolarium rol 
 itgii €l)j'irii m Uni^atatc Cantabi p 1^. ]Re^ 
 jgem 311nglic fcrtii) p^imo incljoaf poIT ejujef 
 becclTani p ffi^argarctam matrem lRegi;6f 
 ^. Vil. angmcnrat' fimt $ ilabiHe nomina^ 
 rentur ^ nancapaiT ntur imppetait) SibcuKft 
 niip Ornricujsr vif. p eafdem hic\^ lireraitf 
 piirentc;^ bolait ccnfclTit ^ o^Dinaljit quod 
 bicta a^argarfta 02t)ina?oiT) fibc ITatnta ne-- 
 eefTaria fibc cppo^tiina v lalab^i fiatu % ppc- 
 
 Z 4 tua)
 
 344 ^6^ ^^^ c^ Cojpo^attoiijj* 
 
 tuB gu&ctnnFoiD coUrgij pbict at ninjjinci 
 fiVr ciiftoii Tcljolariuni qno^nniaiiirri cjiifbrm 
 tolicaij 1) tcmpo;!c crilTcil) cjtr afTcnfu $ roii- 
 fenfu co?unlrcm niaginrri fibc cufiori qc fc^o* 
 lariumquo^umrunriFrfafcrc o;l)inarc ^ nfnbi^ 
 Iht point ^t qiiob magifiec Hbc fuflo0 
 1^ fcfjoIarcjBf cnllcgij iiliujef jnjrra o:binafoiifj0f 
 ^ ftatuta iila teQiiiatennit ^xihcrnattntut 
 o^Uinarciitni; f co^iigcrc ittiir f ninUbct coi|. 
 rcgularctur gufetrnarrtur ojbinarctur ^ 
 ro^rigcrtruj: in ^pftiit^ ^m (jiuDem iiterc 
 patentci^ contd^ titer p nin&r m tiiip 0fgcm 
 autIjo;ttQrc ^ariiamcntt birturc qufrt|- tjui^ 
 brm Jitcrarum parens ptJ pDicf Q^argarcta 
 cr altenfu (t confttifu tunc magifiri fitjc cu= 
 nob' $ fcljolai follegii pMre ffcit o?binat)it 
 $ RabiiiUit bibrrfa ITariita f c^Dinaeonc;* 
 sp faliiB^i fiatu f gubernationc ^bicf foUcg' 
 $ itiagiHti ribr cHlloti f fcfioIariiT) cjufbeni 
 reguiarione gulHcritaf one o?Dinafone i co;rr^ 
 ettone $ in titctie ftatuti;G? $ o^binaEonib^ ^ 
 pDici? tolleg' abminiH^ranb* p bittam Q^arga^ 
 rctam fact o^binae f Rabilie Hratutit) fiiir 
 inter alia $m fcquitur (bibct) in firatuto be 
 ererccnzi imp^obiiei Cluum tx p:ubentia 
 capitiiB? cetero^um penbeat mcmb?oi|. abmi* 
 niflratio 3[ta ^iiob 11 mem&?um aliquob pe- 
 fiilen^ef $ cttni0 pniaofum fo^c jubicabituc 
 jpFum penitu^ rciirantl ttt kn fpe^^aliqua 
 fuit in illo fanitaf tic mobi^ cmnibu;^ fit 
 tentanba 2l^circa ijolumii^ ^ ttatuimujef 
 fluob fi quiiof fcftolarium fociojuni be i^erefi 
 lefa majeOate fimonia ufura periurio co?ani 
 jubice commifj§ fucto notabili fiomicibio 
 l3oIuntario inccfiii abaUerio kn fo^nicationc 
 manifcfit.d" aut fup alJQUo crtmine ullo confi- 
 mili {igitimc conbictii^ fuerit co^am magi^ 
 tivo cat cjujS \ctum ttmv.te tunc p ciinbunj
 
 C6c LaUj of €o?poiatfcn2f» 14^ 
 
 maginfrum fite cjujef locum tcncn) tsuobiiief 
 Dccaniitf a k ncciri^ a iJitto coJIcgio p?o?ruir 
 amc\jcatur tnncruam memb|um pc(ti\cu0 f 
 rcteri^ toalDc piiiciofiim^Rnatbcro minc^ib^ 
 trnnCgr ut ft rirnto^ fuerit nut prnfTo? Utiv 
 tichi0 noa:utrnu^ Zjcambulato^ tagabontju^ 
 in Die aut beljetmnter negligence; in '^isf a^ 
 geni{ ati que p flratuta Coilegii obiigatut 
 fibe in tiibino^ii) officio^ ceJeb?atione in th 
 rputattone tunc ad titrcretioneni magtntt aut 
 ciUjBf locum teneiD co?ngatur fi fic em^nliac 
 fnerit Bene rciBf fucccOit aUoqnin fit terria 
 aDmontfUief fc non cmmijarft ranquam 
 mcmb^ infanatJiic a cetcci^ in cmnino fe* 
 paretut gitcni fell nc nimi^ raptttiBf febe=^ 
 ritajS in memb^o^um bergat perntciem bac 
 moberationc niagiflcum uri bo!iiniUje? ^ tta^ 
 tuiniUiS? fiQuob fci! in omnibuief ciurmobi 
 conncaionibu^ p cum r rcvcr ni5 buo^ becanoiS 
 ab fe bocabie urpofc birui; ^ awbitur quic* 
 quib in ti^ tthl fcccrit ut Qwum fo?te opuieE 
 fuerit tanquam tcileie; ibonrt citate polTint 
 totiujtf ret gcHc inter magiftrum ^ Tcfiola^ 
 punicn>! nam bolumujet fi magidrum |bici? 
 tUe fcboIariiBf fcnferit fcbcrum tunc 
 
 eiti iicebtt ab CanccUarium Hmberdtatisr 
 aut tjii0 IDicegrrcii) appeJlarc <St fi Cancel* 
 lariuiG? aut tiu0 ©iccgcrcn^ citata utratp 
 parte ^ re aubita er relatione becanoif- affi^ 
 0entibu<^ buob? in Tacra CO^ ologia bocto^ibt 
 atq; er jubicio atteciuief eoi|- repererit ^tpo^ 
 lareni jnnrum appelfanbi gravamen accepilTe 
 fine mo?a jubcat magiRro ilU injulta tera^ 
 tione fuprebere fin contra ftbolarem iUiufq? 
 appeliafTe repererit er jubirio ctiam aiteriujer 
 eoil-fibi afnnci!) tunc fcntentin magi infcljoia^ 
 rtm p,2iUj0f lata robuc luum rtbalibam teneat 
 firuiitatcm antcbictam 3;tcm appcllatione) 
 
 nifi
 
 ^4(> ^fjc JLato of Co?po;iatfoit0* 
 
 viti liijutJtcfltioncm a Canrdlario ant cjujtf 
 ijiccgfremc intct Dua^ hcbDomaDaiBf jujrta 
 moDuin qui dictum cHi rurccpprxr inancm ba^ 
 jumu;8? cffe ^ fupbacancam. 9f^c>^ ^a- 
 tuinii!^ igitur quob S^^o. pr rmilTioiic Dibina 
 noffcim ^piFcopu^ ^ nunc Hiu^fitati^ Can- 
 tab^^ CanccUaciu^ quoaD blrcrit ctiamfi 
 (o}te CanceHariaiu it abtiicabccit biOtato? 
 Jjirti coHcgti fit cui in officio illo facicnti 
 quanbocunqR ti niagiji? bitjcbitur oppo;tun«) 
 itingiftrum fibe r ju^ locum tencnf ^ fcf)oIa* 
 VC0 omnc^ tain fcrio^ quaiti t)ifcipuIo^ pa* 
 rerc bohmiu^ nctpilii folum fcD f lubnituro 
 tno quantio ipfe impcbit acciDcrc non poJTit 
 Stiiarp omnia que fupcriuitf in ttanit i\]i0 
 (aliig; tJc CancfUar autcju^ bicfgerciD bicti 
 funt ad ilium rcfcrri Dcccrninnijtf quamtim 
 fuit fupcrftc^ poll inonrm bcro ipfiu^ ati 
 <€ancfUar ttttxo0 aut roll- bicffJ QcvtW aD 
 quemcunq? ^ trmpOf^c fuo quojef ctiam bifita 
 toie0 conftituimu^a? nifi fo?tc magiller coHc^ 
 git aut fociolf. aliqui^ aut quifquam penHo^ 
 iiariu^ in eoU canccllaf pDue ynibCLTitatifl? 
 fuecit aut \iict0 ipfiujei gcrcnj^ tum omncm 
 autf]o^itat ppofit' ilicgii Collcgii tribuinni^ 
 ^ illo tempore Dnntajcat %um qnoniam 
 iiiljii cfi tam lucnlcntum quoD non in capiio- 
 fi0 bccti in qucHioncm potctt oh cam rem 
 bolumufif quctJ fi in altquo J>tatutolf. ptiice 
 fiblcurita^ aut amBiguita^e? fo^te bibcatur 
 nemo at quoad nojef bijccrimujsf Catjcm m- 
 tecp^etttur nobi^af non ante confuli" 3llc pofir^ 
 quam Ijinc bco no^Bf bocante ingraberimuj? 
 omniiSf ambiguitatiiBf f obfcuritati^ ticciara' 
 tio ab collrgii ipfiu^ bifitatojem p tempore 
 f rififeii) ptincbii tvd affenfu Duo^nni in facia 
 €l)colog boito:' aut ob eojum incpig) 23ac» 
 tl)alauriD2uur in caticm ^t fcuio^um <?ut 
 
 ncji
 
 -^Ije lato of Co?p 3 jatfoit^f; 347 
 
 non eiufiiem collcgii fint in qua re quicquiti 
 
 iIUt)ecrci3crinceo2|-rcntrntia (!abitur quant 
 
 nn appeUationr necfi alio juti^ ullo remcDio 
 
 Jjolumujgi impcDirx nifi fo^fan ifS) illo^um 
 
 interp^etatio aiicui at (tatue aut o^Uinationi 
 
 a mhi^ edit* apcrtc contratjcnit gtcni ^a^ 
 
 0tnrt feu cuHoDe^e^ eiettt juramcntum i^i0 
 
 UerftiS fieri tjolumu^ ^ ftatuimuisf €go|^,|^. 
 
 ^eRo? ^ ^tc ejuisf fca) oBbangelia ne coUegitt) 
 
 4ri^?ifti cuiu0 nunc fum electujJ inagiffer ^ 
 
 cufiOiS? tiiiigene $ fitjclie abminifiratur jurta 
 
 birc^ ^intiuflriam mcamparir^ moDo illiuiBS 
 
 6ona omnia rerra^ tefua poirclTicneief xehhh 
 
 tu^ fpirituale^ ^ tempo^alc^ef Su^'^fp ^i^tt^ 
 
 tat f jpbileg cctcra^gf quoq? re^ef uni^faisf tarn 
 
 mobiic^ai quam immobileje? curatur OSuoDq? 
 
 ^ociojum nemincm patiar quamtiiu <i^mo= 
 
 tumcnf a ^tjut colicgio fufcr pcrit ati faculta^ 
 
 tern aiiqiiam fc Di)3crrcre ptcrquam ati pi|i- 
 
 iofopljiani ^ Cfjcologiom f urgcEio ut a 
 
 gratin in graDiD afcenDanc quam p^imu) fieri 
 
 polTit nf£f{ ipfe ego ah a! facultai? itie coaferg) 
 
 p graDamco fufcipicntro prer antcliietaief co?* 
 
 rcctionciSt ptcrea ^ punitioncisf ^ refojmaEon) 
 
 tarn fffjolariu) focio^um quam tiifctpuio^um 
 
 quotic^ ^ quo ioco fieri conbcniet jufie era^ 
 
 minari (omni pfonor ercepione ponj^ita) 
 
 aut 2 mciprum aur 5 alioiaf faitcm faciam 
 
 jurta o2tiinaconf'ef ^ ftatue p ^argaretam 
 
 ComitifTam 5RiflimontJ nc ^cvh at iUuCriD 
 
 fimi 2lliigUc 0c0t>£f ij. bij. matrem p colle 
 
 gii ipuu^ antcDici? gijbcrnr.ccii> jam cbif? fibc 
 
 impoHicrum eticnti que fratuta omnia ^ oj 
 
 tiincigjueiSf uni^crfai^pbiriiimea enirar tam 
 
 a mc ipfa qua?n at? aiiii^ intrgrc inbiolatetrj 
 
 obffrl^ari lucp tJifpcnfaJoncm aliquam a Iji- 
 
 fccrOigf eaDfniftanitaautf02um aliquoD pfcrr 
 
 tim QUoD aD nuigiHrnm fitjc fufrcxj ptineat 
 
 iniDCtrnbo
 
 3 4^ ^()C tl attj of Co^po^at(o!iff» 
 
 impetcabo nee at) a! curabo impctran neqnt 
 impctrat act eptabo uUo motio gjta me Peuitf 
 aUiubct f fjec fantta iHiUjflf €tjaiigf lia ^^mn 
 quum titijtt poteQ firmart balttiiijr nputi 
 !&onoitf i phO0 quam iurc iuranDo l^oIumujeP 
 itcitco $ natutmu^ quod fcfjolari^ quirqf; in 
 fodit) ekctUjer p^tufquam abmittatur i)oc 
 quoti fcquitur jitramentum taaw facrofan^ 
 (tt^ i:>ct <eSbaftgeUt!$ jpHratiit in j^fcntia mao 
 Oiftri f focio;um omnium eiftem becbiitf^go 
 J^. liJ* JDeil) CcIIo^ $ htc fantta ipfiujf 
 <i3\)angclia me tccacitcr ^ integrc obfecba* 
 tut Itatuta omnia $ finfiula que a^aroercta 
 niatec iUuItrtffimi J^cgi^ i^cnrici frprimi 
 fundatcir l)uiu^ toUegit $ eoDem a&nuni^ 
 llranti p fe aut fuojs^ eDibit ^ curabo quam 
 turn in me fuit $ cetcriiGt mei^a^ confocitjs^ om- 
 nibujflf iD fieri maffiRro fibe eiujf locum te^ 
 neii) in omnibuts quccunq? legitime ^ceperit 
 tonSiia eiulbem fecreta coilegii quob jutit 
 licttit minime panbam nt{)il in quo eibem 
 toHegio to^obo aut l^ono^iiSi arcenfo fieri 
 podlt impebiam feb magt^ p metier bitibu^ 
 #rurabo nemini focio^' confcntiam m ab fa- 
 tultatem a! fe bibertae s> grnbu in ca fuffi* 
 pienC j^terquam ab ^^fjilofopOie ^ Cljeologic 
 nuliam ulio tempore abbecru;e( aiiquob Hn- 
 tuto?* fimbatrifiief nofirc fibe abbecfu0 ()oc 
 lucament^ mcir) bifpenfncoii) impetraba 
 ttfc tutabo impetrari nee ab aliijef impetrae 
 acreptabo uIIo mobo l)cc omnia in me 
 recipio ^ l^oc jure juranbo poUiceo? qua^ 
 tenUi^ me De«|f abiubet ^ Ijec fantta ipfhiitf 
 ♦Sbangelia SUtem fi quifpiam focioij. kgu 
 time abfuit cuiuji tamen rcbbitUiSi ab rom* 
 mobum aut f)ono;em eoUegii ejurDcm magi^- 
 firo fibe ejn0 iocum trnciD fi mnjoji pnrti 
 Cofiof btbebitur neccffariujei illc fi retorae
 
 C6e %mi^t Co2P0]at(on0, 349^ 
 
 i\l non vtDietit f quam pjirS) congruc po. 
 tuerit nifii juffam reDDiDit cauFam cifliem 
 app^oi)anti rocirtate item fua fit p^ibn^ 
 ttij^ $ uUcriUiOi diao bomino liegt nunc \)iu 
 miliine cfrtififamui^ Quob E- t£^ in &?ctit 
 Ijuic fclieDule anna*' nominate 3I!nno i)n^ 
 1^44. ^ bin antca ^ poftca uffB nb ^hicnfcm 
 2(!p;ilijflf 3Dnno Pomint i66r. fait unn^ 
 focioj' CoIIegii pbici? bcbito mobo bimiiTuj^ 
 <2t juranientit) pDif j* a focio quocuntK abmit- 
 tend ^(lanii in fo?ma j^bicf rufccpit €t ul- 
 teviii^ hiao IDomino iflfci Ijumilimc tertifi* 
 ranni^ quob magincr ilbe cnlToiaf $ fctiolarciEf 
 coHc0tt jpbicti fp multC;0f nnnoitf jam clapj§ 
 bcbcniflfcnt oliUgati in quobnni fccipto obli- 
 gato^ntj loool. quibufbam Cbtoarbo fiffjcr 
 fub ronbitionc nb intsr anna*' non reUccarc 
 quanbam aniiirioncm p ipfc^ aut pjfbccciTo^* 
 tuc0 pantpa fattam be r?:c5?ia impjopna^ 
 be i^cnb^apton in fotf^ CanrrJir vAdcwr ma- 
 giruo fite cnfioiJ ^ rd-olaiilnii^ so!h:t"ii^ pd 
 be jure fpf ctaii) ^uobcp; maj-i Hfie ciJ0o^ ^ 
 Icficlare^ collegii pb' ab Ipmat jn!!antis) § 
 rcquifi^onem pbice CI* tM^ eriilefi^ fncii 
 bitti colkgii poUea ^ anff a -btcntum buDi^ 
 pbice ^ fcripmm I'mim figit tuc ccmuni fi^il. 
 iac aut(jaci5ateruut ^ fibuciam Tuam repa? 
 fucrunt in eobem t!l. W. ab colloquenb* f 
 tractanb* cum pfat <ebtoarbo Jl^ilfon €t)onia 
 2;^iiron flic^arba Crolficlb f (Jiibtoarba 
 jpiHiei* ab obtincnti ab cifbem eo^um velaxa* 
 con) be ffripfo obUgatono pbtcco ^ ufu mi^gi- 
 ftri fibc rniloU f ffljolarium coilfirii j^btcf 
 ea inrcntione quob fibc alii]ua fo^iietftict' recto- 
 nam pbict* in coifiommi ^4)ftcuit) pbjrf ma- 
 giUi'i t^'ae rnnoij f rcljolati^im foJ'cgii jpbir^ 
 be nolo abmittcrcnt ibcmru i^^ CSi. Pf^nea 
 
 pubJicfc
 
 pu&Iicc flffirma\3it f afTcriiit niagiKro C\\)t 
 funoti ^ Ictjolnribiijtf ]^Dict quob ipfc n |Jfae 
 OtuacDo iBllIfonCljoma Cc^rilon EicljarDo 
 Cro^ficlti ^ CtitDarbo jfift)cr obtinuilTcc 
 rclaracoii^ be Irripto obJignto^io ^bicf cui 
 quiDcm affirninrioiii pbirr nia0t Obe Cuno^tf 
 ^ fcfjoJarctf coUcgu pDicf fiDcm 3fit)lKnrc;6f 
 poQca p Quadani pccunie fumma fiOi Toliit 
 renobabant bcmiffionem tie rccto2ia be Jfcii* 
 ii^apton pDice tpfo eoticm HI. W. abtiinc ^ 
 ibibcm prente criRciD $ ab iiiDe altenticntic 
 ^p2opojtionabiIcm pactem Tuam fumme pc^ 
 funic stnbe Tolue rcctptentc o^t pcHtea ibcm 
 n. 3B. rrcepit confibcrabi! pecunie fumm^ a 
 macftniro fiAje rufioij f rcfjclaribus? bicti col- 
 Jcgii p ei*pcnfi36^ fuijsf circa ^cucationcm bicC 
 fuppoit relar£onii0f ubi rebcra fed nuliam 
 talcm rcIarEoi^ iinnuam obtiniiidct brl fi ob-- 
 tiimifTct biiti^ maciftco fibc cirftob' ^ fcbola^- 
 ribuis aiit ab ufum top imiiquam belibafTct 
 ^ qiiambijei bebiiC requifitujs beUBace rccu* 
 fabit rarione cujiijsf iibcin magi fibe cuftojaf 
 ^ fc^olare^ coUegii pbice in pcricuiii) fo^iG^ 
 fcur licz> obligationi^ icoo 1. j^fae <e. W. 
 ■<^, IB il. C* f ^* f . inanifeHc inciberint 
 ^ magr ftbc cutto^ ^ fdjolarrs bicti coUcgii 
 a bicto E* £2J. inip:abe $ fraubulenf jlla< 
 qiicati funt ab grabe bauipno) biat coHegii 
 ^ contra jurament pMcf a bice 0. ilO. in 
 ea parte fufccpe <aiiobqR pofica fciUcit octaba 
 bic (©ttob;!^ 3llnno I^omini ir.6o. j^S lil. t0^ 
 cnftciD legitime runimonitUje? be pmiffijtf re^ 
 fponbcrc $ inbe oncratu^ ^ fup compcrentia 
 Tua aiibitii;^ qnob n!3i boluit in bcfena fuam 
 cojam pbitto iH. C. abtunc ^ abbuc c rilTcii) 
 magiltro fibc ciiiioS hcl collcgii biiob^ bcca* 
 ni^ ejufbeni collcgii fcii Cil. ^. ^ C. 13. ac- 
 
 citJ.^
 
 Cfjc TdaU) of Co^poMtionji; 
 citi^ $ prcnti&u^ be p^emilTiief krjitimc rou. 
 biff fuit €t ultcnujei ccrtifirnmu^ ijhoD 
 (jui&am <!B. It;), facte €l)coIogie ^octo? pec 
 ultimaD boluntatem fiiam in fcriptiitf tictiifii t 
 in ufiim uniuitf fibiraro^i^ Dc?) roIUgii p 
 tempore eriften) iu perpctua) quaiibani pen. 
 tioncm s '• P 31ln) Uib conbitionc cjncD iDem 
 jpDicato? j^Dtcaret tu^ kpcvak^ roncionc^ 
 ab ti'ia feperalia !oca annuatim altf bicta 
 penco cellaret impcrpetuu) ^ ab fterebe^e? 
 bcj) 03. p. reDertce oSiiobi^ jpbirt i^. OT^ 
 tunc evifteii) foeiujgf bitti coHegii $ ab pbice 
 !litii9f f legitime autljeji^atn;^ !^nno 1645, 
 legitime nominal ^ fcnftinii' fuit ab CfSciit) 
 pbicato^ijtf f>bici? f fufcepit fuper fc condones 
 ilt p anno iilo $ bi^ecfi^ annijsf po0ea pev^ 
 fo3niai'c ^ pbicavc fecunbnm boluntai* ^ttice 
 <g. 1^. pbice autem iH* JB. pmifTa fati.igf fc ien*? 
 ealiibc ^ fuijbole an^ienj8f pDicf pcconem 
 ^ I. fibt rolumobo obtinere $ reliquojai fccio^ 
 ejufbem collcgii imponferum abinbe bep:t« 
 bare nee concicne^^ pDicta^ nee aliquam ear 
 pbicabit feb falfo ^ fraubuknt? abOp ulla 
 ronaBili caufa befalt* perinbe fecit f pofiea 
 calUbe cum {jerebibu^ bicti 05. i$. nomine 
 fuo <p pbicf pencone contrarit ^ ipfam pen^ 
 Eonem 5 1. fibi pquifi^it in becepconem reU^ 
 quo2um focio^wm coUegii pbicf ^ contra ju. 
 ramentum x^l^ict a ^bice 0, JB. in ea parte 
 piclritu) duobq? poffea fcilicet octabo bie 
 <0a:ob2!jf %nm B:>omini 1660. pbicf 0. OT. 
 erilteii^ iegitime fummonitUjSf be $milTi0 
 ulteriiisf mcnJonae refponbere % inbe onera* 
 tu^ Ct fiipcr comparcntia fua oubirusf qU 
 fibi boiiut in btfrnfianfm fuam coA^.m pfac 
 0. €* abtunc f abl)uc cnHf f^ magilUo mt 
 
 351
 
 3 5 1 CljC Laui of Coipo^tfoi!0» 
 
 ftiffoU ccUegii p;cDf£ti (buofau^tf bfCQiuj^ e- 
 jufDcm toUcgii fcificct 2xli. 1^. ^ €. 'B* oc^ 
 titiief f pjffcntibujff) be offend p^^eDif^ Irgiti* 
 mc conbire fiiit <i5t ulteriujai ccttificamu^ 
 rjuoD ^Dict m, W. eobcm tempore co^ain 
 tJitto inaffinro fibe cufloS (bictijtf buoDuja be* 
 raniitf acritiief $ jjfentibujef) accufntujef fuit be 
 biberfijflf at fraubibu^ tiirpiffinii^ ji jpfum 
 pftpctratujsf fontra pupiUojaf [vlq^ cnficntcjj 
 fcliolare^ conbibajs? aur pcnfionarejBf bitti rol.- 
 Icgii quobcB ibem JH, W. legitime fumnicnii? 
 infirane tcqutfibit bictum macififrum fibe 
 ruOroti ab aubieni) accutattone^ illa<E( <!Bt 
 fiuob iunfnm fibi fo?et facere fupcr quo pbiee 
 i^. 3©* aubitujtf qiiib fibi boluit in bffcnfio« 
 ncm fuam copam bitto maoiltio fibe ciiQoU in 
 pfentia bitto^u'i) becano^ii) iegitime conbittu^ 
 fuit 3|mp?i!r.ii0? qucb bicf 0. ^. in billa Tim 
 4)p?' manu fccipta erpcnfar i) W. sr^. pupi^ 
 lo fuo erineiD eonbiba biat coiiegit ;p rinarre^ 
 rio anni finicntc ab feGQ) ^atibitae S^omin I 
 anno titt 165% ejcigebat 4 1. ^ 7 d. j) Com^ 
 muniij9f $ ^i^atonibUjO^ Snglice Commons 
 and Sizings bicti JB. Q^* in eobem coilcgio 
 nhi rcbera Communie ^ ^i^ationc^ei bicti 
 3©iliiclnii Q^an p eobr m qiiartciio anr.i ar^ 
 ttngebanc tantumobo at^ triginta $ otto fciiif 
 $ reptem benar $ non antptiii^ 31lc eriam 
 Quob ibem H. S^. in biiiijsr Cuiie^ erpenfat 
 dP eobem ^upillo fuo ejrilTefi) j!onbiba bittt 
 collegii $ {tx feperaUbUjSf qiiarterii^ anno^Q) 
 ,pjc' feqiient erigebat t^Voerfa^ fummajsf pecu* 
 nie ji Commumiii? r| J^i^ationibu^ multo 
 majo?ei9f quam c£ }ir?rbcbitc fuernnt,p eifb^ 
 quobcfi t\a\\^ 0. c U- rP befcnconc fua tefpon. 
 bit quoli in DictijE? fummi;sf Tub nomine <f cm- 
 
 muiuai
 
 ®fje KlaU) of Co,'po?atfoimi 1^3 
 
 muntdr $ ^irneoiD conrineBatur aliquoti ^ 
 tuitionc I at rcDujSl quambi^ rcbcra in eifD^ 
 6illii9i alitf ponc&antur ccrte rumnie pccunic 
 Tub cjt:p2e(ro nomine tuitioni^ Dicti pupiHt 
 fiti |) cifDem anno^ quattetiw <^uoD(b 
 ibcm fl. OT. in iiltfcio^emDcfcnfioncmfuam 
 oiTcn&if iiiam fact* manu W. 25* tunc ^ 
 abguc mancipijsf collcgii j^liicf atj ipfiu^ !5* 
 3©. nianbae fcripta fccioiDuui fo^mam ^tsirc 
 liiUar bcrav que a bi(to mancipe fcnbi folcnt 
 cujufmo'oi fnlfa;^ biilaiBf ab fo^:mom bcrac 
 rppe ,pcurabit tjcfcritii a tiiixo mancipe tppoft:: 
 t[§ iliiu^g? ignOj'anfc ^ mantjatiief obfequcnte 
 SD,uotit]Fj jptiictu^ 15. 3©. nono bie (!^ctoti:iief 
 eoDem anno icgittiinc fummonitUj9? f rrqui^ 
 fitii.sf cojam Ditto magiftro fitoe cuHoiJ Hi- 
 m0 tiuobujg? Decanii^ acdti^ f pfcntibu^ 
 atJ rcfponbcnS Tupc r DitJerfijBf aliiie? fiilliiaf tx- 
 prnfav;? piipillijs? ruijsfenltcntibUi^conbibiigJ 
 $ pcnnonai; hmi coUc^ii in qulbii^ accu- 
 tatu0 fuit eolDcm bibecfiitf fummi^ pecunie 
 befcauDaflfi' ^ fupcr a! bibcrfiief cciminibuj^ 
 eibcm impofiV bictua ^. IB. ponquam tom^ 
 peruilTet rccarabat tiiutiu^ niancre ij ^tinu^ 
 bircclTit a coilcgio pbicf Cluobque pbice 
 Q^affiRec fibc tuUo0 ^ majo^ par£f fociojti) 
 om) biiti coUfffit ju&icantCiBf rebitil^ hiai 0* 
 ^21. ab commobuni ^ Ijono^em bitti colJegit 
 cHe ncccilar cjc bi ffatiui j^bici? bictuni ij* I0<. 
 tie bifccnbcii) rcbocarunt in biem tertiuin hit 
 unbccimuni biem octob2i^ ca&em Tub pen^ 
 p:ibattoni^ be fecietdt^ fua quob^ ^HiM^ 
 jDf. W. titUta notitta ,|> ipriim inue {;aSitf^ 
 bicto tcccto bie nan retii|t nee uliani iiiftairi 
 eaufam be lioii reSeanbo cifbem ntajiiGriSi fibi 
 silllo^ $ fodifif reiibieit i?j|UamVii# poRea idl
 
 SS4 ^6e ILaiu of Co^poiatfoud; 
 
 t»ffimo octabo hit 3Cp?iU^ T^nm IPomini 
 i66i. tiirtu-9f H» Jl^. fiiit itcnim Icgittiitie 
 funimonitii;ef oti faiifam illani fintcc at rcD^ 
 be nl) co?ani tiicto mngiaro fitic cuHotf $ focii^tf 
 mnnidu^' tiiiti collect cnpitulaf contoatiiBf 
 quolJCR podea coDcni oaatoo die 211pjili^ tiiao 
 anno dictum ti* W. rojam codcni niagiaro 
 fi\3c nifloti (dicti^ dnoliu,9? df canine? acciri^ ^ 
 jprcntiljuje?) fait Icgittimc rumnicnitu^ $ rc=^ 
 (juifitu^ ad rcfpondcnd Ctiam fup a\n0 
 ditocrfiiSf criminiBuief cidcm 0. i©. iit (^ p^c 
 dictum cfi impofif a ouo;j' cjroncracoft nup 
 fugicBat dictUiSf antcm E« W, compcrrnsf 
 fcdiriofe f contumacirci: rcfufaV>it rcrpondere 
 f pcrcmpto^ic affirmnljit ^ alTclJcrabit fe 
 nolle fuBmittcre fc aiuftontati dire coUcgij 
 jnngifiri fitjc cuftoti ncc fldtiinc dc fiiniro ^ 
 contra erpjclTum mandatum dice magiffri 
 fide cufioti dice E Jl^* ecntcmptuore difcc iTit 
 (i contumadtfc fe abfratabit cjuoufq? idem 
 n* W. tntio inde admonitu*3f u diaum ma- 
 0t0rum fitoe cuRoti diiolm;^ decanijtf dirf col- 
 legij acciti0 i prentibu^ Te non eniciidabit 
 fed nonobninae ^ finaliter in o&Kinacia fuo 
 pcrfeberabit contra Ratuta pdicf % jurame ne 
 a dtcto fi, W. in ea parte j^ftitii) quodq? in 
 fonftderatione inde qt omnium a! criminuni 
 fuof ct ut ^fert? iitipofii? omnifiujsf memb^ijof 
 riufdem collegii p?iu^ conbocae in aulam 
 puDIica) f jufdcm coHegii p fonitO) campane) 
 idem S* W. ad tunc $ iOidcni p jpdict? iH. €, 
 tunc magiflrum fide cufioti ejufdem coilegii 
 cui de jure in fjac parte ptinuit W. ^, f 
 ^.'B* tunc decani^af dicti collegii accirijfli § 
 pfentiBuiEf tanquam mcmb^nmi pcfiiilen^ ^ 
 cetcrii0f pniciofum j infanabile juxta ffatuta 
 
 collegii
 
 'W{)z laui of Ca?poiatfau]9f. 35* 5" 
 
 foHesii illiu^ a tettti^ mtmb^i^ inDc fcpe- 
 vam0 ^ amotu^ fuu QuoDq; tempo^ic amo- 
 ttont^ pDicf tutt $ ati^uc e(f canceHariUja? 
 unibccfitai? pDicf ^ ejui? Wt^ Qctcng ibitiem 
 in eatiem unibcrfitare itjem aiitem E* 2!i£a^* aii 
 titceum cancdiar aut eiUie? Wen geventem 
 eti(tefi> bifitato^cm Uictt collegit appcUntio^ 
 nem fiinm fup pmiiTi^ moDo f fo^ma m aa- 
 tuto jpbice conlTitue non fecit ^ ea lie caufa 
 tiictO) 0. n^. ab pjinfinu) lorum fuit) luuu.fif 
 focio^* collegit pDict? refUtuere non poflTumujef* 
 
 Mandamm to reftore a Capital Burgefs of 
 Plymouth, 'vide Jamei Ba^gs*s Cafe Co, 
 1 1 i^f/). 
 
 Aa z CAP.
 
 CAP. XXVIII. 
 
 Conftrudions of A<5ts of Parliament 
 for the Benefit of Corporations, 
 or not. 
 
 Statute of 1 ; Eliz. c. lo. Statute ofi&l Ph. 
 d^ M. c. 8» of Trinity College in Cambridge. 
 IVhere Corporations barred by Fine and Non- 
 claim, and -where not. Statute of 21 Jac. i^. 
 of Habeas Corpus. 
 
 5UC. 1 J Eht. f ^ E R Stat. 1 5 Elizj. c. i o. all Leafes, Gifts, 
 c. lOk ■*^ Grants, FeofFmcntf, Conveyances or Sta- 
 
 \ tutes to be maJe or fuftcred by any Mafter 
 and Fellows of any College, Dean and Chapter of 
 any Cathedral or Collegiate Church, Mafter or 
 Warden of any Hofpital, Parfon, Vicar, or any 
 other having any Hofpital or EccleGaftical Living, 
 or any Houfes, Lands, Tythes, Tenements, or 
 any other Hereditaments, being parcel of any 
 fuch College, Church, Cathedral, Hofpital, Re6lo- 
 ry, Vicaridge, or any other fpiritual Living to any 
 Perfon or Perfons, Bodies- politick or corporate, o- 
 ther tban for the terra of 2i Years or three 
 Lives (hall be utterly void, &c. The Mafters 
 and Fellows of Mugdakn College in Cambridge 
 1 1 £//&. did give or Grant to the Queen, her Heirf 
 and SuccelTors, a Meffuage pircel ot their College 
 Lands, with a provifo. That if (he did not grant 
 it to B. D. and her Heirs 'before fuch a day, then 
 the Grant to be void. 
 
 The Queftion was, If the King were bound by 
 the faid A<^ of i g Bliz,. and refolved that the faid
 
 Cbe Lalu of Co^po^atfon^* 3^7 
 
 Ad: reft rains the (aid Mafters and Fellows to con- 
 vey the (aid Houfe : br the Queen was exprefly 
 within the words of the faid AS: ; Any Perfbn or 
 Perfbns, Bodies politick or corporate, and the King 
 is ferjona r/tixta^ then no conftruilion (hall exclude 
 her out of the meaning. For general Statutes 
 which provide necefTary and pro(ltabIe Remedy for 
 the maintenance of Religion, Advancement of good 
 Literature, and for the relief the Poor, (hall be 
 extended generally according to their words. Ge- 
 neral words of Statutes, which rend to perform the 
 Will of the Founder or Donor, (hall bind the 
 King, although he be not named. 1 1 Rep. Mag- 
 dalen College Cafe. 
 
 I & X P. & A/, c. 8. That it (liould be law- 
 ful, &c. to givre Lands, &c, by Feoffment, Grant, 
 or other AfTurances, or by his laft Will and Te- 
 ftament in writing to any fpecial Body-politick or 
 corporate, notwithftanding the Statute of Mort- 
 maine A> C. (eized of Lands in London in Fee 
 4 & 5r P. & A^. by his laft Will In Writing, de- 
 vi(ed them to the Mafter, Fellows and Scholars 
 of Trinity College in Cambridge and to their Suc- 
 celTors for ever, for the finding of certain Gram- 
 mar poor Scholars. Now tho the (aid College 
 does not ftand only upon Divines, but others alfo, 
 and the intent was to find Grammar Scholar?, yet 
 it was favourably expounded, ir held good, and the 
 AS: was expounded to bind the King, tho the Land 
 was held of him. 
 
 Sir E. M. devlfes Houfes in London to feveral 
 Perfons and their Heirs, to feveral charitable Ules, 
 and if they did not perform rhe llfes then fo l¥. 
 M. and his Heirs to perform the Trufts i and if 
 he failed for two Month?, then to the Mayor and 
 Commonalty of London to perform the Trufts, No 
 Truft was performed. Ro^er Alford, ov.t of the 
 firff Trufttesdicd, and Edv\ Alford his Son (old 
 A a ; the
 
 3^8 Clje laiu of Cojpo^ation^^ 
 
 the fame to J. S. to perform the Trufl, y. S. being 
 in PpfTeflion, a Fine fur releafe, with Procla- 
 mations was levied to him, and died feifed, which 
 Land dcfccnded to his Son,the Triifls were not per- 
 formed. After the Mayor and Commonalty had 
 notice of the Will, <ind they entred. FerCur* The li- 
 roitatlon to the Mayor and Commonalty is a void 
 whclT bar" d Limitation, being a poflGbility upon a poffibility, 
 by Fine and and the Fine and Non-claim for 5 years hath ab- 
 Non-claim. (bliitcly barred them. Cro. Car. 5:74. the Mayor 
 
 and Commonalty of London again It A If or d. 
 WlutCorpora* So the words of the Statute of 4 IJ. 7. of Fines 
 tions avc not are general, yet the SucccfTor of a Bifhop, Parfbn, 
 bound t^yFineyjcar or any Other folc Corporation, (hall not by 
 conicruccion 01 Law be bound as a Corporation 
 aggregate of many (liall be; for then the Bifhop, 
 without the Dean and Chapter, the Parfon and 
 Vicar without the Patron and Ordinary, fjrc. may 
 by their fufferance bind their Succeflor, which 
 would be a great caufe of dilapidation and diminu- 
 tion of EcLlefjaflical Livings. Stoivell PI. Com. 
 ^y6. Hojfell^iCafe. 
 
 Fine and Non-claim fhall not bar the right of 
 Maflers and Fellows of a Colkge ; for the words 
 are, That all Lands^ Conveyances and Statutes 
 had madcy done, cr fuffered by any Mafien and 
 Fellows, &c. Thefc words permitted or fuffered by 
 the faid Mafters and Fellows, fliall not extend only 
 ■when the Mafler and Fellows fufFer a Recovery, 
 O'c. againfl ihemfc-Ives as Party to it, but generally 
 according to the Letter, when they iuffer others 
 to levy a Fine with Proclamations, and fuflfcr alfo 
 five Years to pals Vv^ithout Claim. 1 1 Ref. Madg. 
 College Cafe, fo. 78. 
 
 An Habeas Corf us was awarded to the Court of 
 Guilford in Surrey, to remove a Caufe there de- 
 pending, they notwichfhnding proceeded. It ap- 
 peared upon Examlnatign, that the Writ was dc- 
 . ' liv'rrrd
 
 Cfjc latu of Co^po^atfoniEf. 3 ^ 9 
 
 iivered after the IfTue was joyned in Debt, viz. 
 fer ntinas pleaded, and that the Iflue was joined fix 
 Weeks after the Adion brought, fb as by the Sta- 
 tute of XI JaC' c. 23. the Judge might refufe. g q 
 Refolved fer tot. Cur. becaufe it was in an A61;ion c, ^j, 
 of Debt upon Bond of 200 /. not made within 
 that Village, that the Statute doth not extend to 
 this Cafe ; for that p|Dvides removing by Habeas 
 Corpus fuch Anions only where the caule of Suit 
 is properly arifing within the Village. Secondly, 
 For as much as the Proceedings were before one 
 who was Town-Clark and Attorny of the Com- 
 mon-Bench, and not an Utter- Barrlfter (as theA6l 
 by exprefs words provides,) Refolved, That after 
 the Habeas Corpus delivered, the Proceedings were 
 ill and not warranted by the Statute, and a Su^er- 
 [edeas was awarded ; and the Judges of the Kwg's 
 Bench being informed thereof, agreed that their 
 courle in the Ktn£s Bench was to difallow Pro- 
 ceedings in an Inferior Court, after an Habeas 
 Corpus delivered, unlefs it were a Cau(e arifing in 
 the Village or Corporation. Cro. Car. 1^. Clap- 
 ham's Cafe. 
 
 Aa4 CAP
 
 CAP. XXIX. 
 
 Privileges granted to Corporations. 
 
 To he ejuit of Toll. Tuttivg in Batl in Oxford 
 XJniverfity. Privilege gtiinicd by "way of In- 
 terefi, and execution to one not a Alcmher. Glo- 
 cefter City made a Ccunty. Clawis of Liberties 
 before Juftices in Eyre. Exemp ion from Juries 
 cut of their Corporationy ivhen^ and by whom 
 juch Privileges to be demanded. 
 
 , j4 Ction on the Cafe againft f/.for taking Toll 
 
 To^bccjmtof jr\ for paffjge over the Welt end Bridge of 
 JjL JL IV. and (hews for Title the Letters Pa- 
 tent of Ed-w. 6. An.i. to the College of AH- 
 Sotils in Oxford, for them, their Tenants and Far- 
 mers, to be quit of Toll, and conveys himfelf as 
 Farmer to the College ; yet had the Defendant 
 fuch a time taken Toll of hira againft the Form of 
 the Patent, ^c. Defendant pleads in Bar the Sta- 
 tute of 28 H.6. of Refumpcion of all Liberties 
 and Franchifes formerly granted by H. 6. Plain- 
 tiff by way of Replication pleads the Statute of 
 4. H. 7. by which all the Patents granted by H.6. 
 to this College are made good, Statute of i8 H. 
 6. ntent ohfiant. Defendant demurs, This is no 
 departure ; for there is no new matter contained in 
 the Replication, other than what was in the De- 
 claration; for the Title of the Plaintiff ftill re" 
 mains upon the Letters Patents, and is one title in 
 one and the other. Tel. f. 1 3, 14. Wood and 
 Haivkjloead. 
 
 Privilege and Cuftom in the Univernty of Ox- 
 fcrdy time out of Mind, a Court to hold plea in 
 any ptrfonal A6lion, c^c. (except Mayhems, Ap- 
 peals
 
 Cbe lalu of Co^po^aKon^* 361 
 
 peals of Suits of Freehold ) and declares further, 
 that if any Scholar or privileged Perfbn fue any 
 forreigner, the Forreigner (^extramus) ought to 
 put in Bail, which Bail ought to pay the Condem- 
 nation, and ftiew how the Defendant was (lied 
 there in the Court of 0;>c/or J,in placito tranfgr. fuper 
 cafum nuncHpat* in caufa injuria, and ho«/ the 
 Plaintiff was Bail for him, and that the Defendant 
 promifed to fave the Plaintiff harmelels of the Bail, 
 and fliews how that the faid Suit was fo far profecu- 
 ted, that the Defendant was there condemned, and 
 the Plaintiff forced to pay the Condemnation. Per 
 Cur. prater Fenner. The kSdon lies well, and he 
 need not recite in his Declaration all the proceed- 
 ings in the Suit in the Court of Oxford^ being but 
 a Conveyance to the A£lion and merely collateral . 
 to the point in queftion, which is the promift. 
 Telv. p. 1 6. Cox and Jennings. 
 
 The King made a Corporation of 
 and Grants iifdem Ballivts (^ Civibus^ beredihus 
 & [ucceJJ'oribus fuis quod Ballivi d^ Recordator 
 Civitatis prad. pro tempore exiflen. feu duo eorum 
 quorum prefat. recordatorem unum ejfe volamus 
 una cum bujufmodt altis perfonis per not heredes (jf* 
 fuccejfores noftra ad hoc ajjignand. de tempore in 
 tempus m perpetuum fnt jufiiaarii no fir or berc' 
 dum d^ juccelJorum noftrorum ad gaolam Civitat. 
 prad. de prifonar. &c. deltberand. Et volumus con- 
 cedimus c^ precipimus quod nuUui Vicecomes cufios 
 pacts yujitciarius vel alms Miniver Jive Commifm 
 fionarius ncfier hered. aut faccejjhrum nofirerum ci- 
 vttatem pradidl. ad aliejuod in ea exercend. vel 
 exequend. &c. de catero intromittat nee tngredi pre- 
 Jumat fub pena tool. Upon this Letter Patent 
 was the Queftion, If the jurtices of Goal Delive- 
 ry of the County may try Felony, which are Fe- 
 lons in the City. Ver Cur. They may, for the 
 
 Patent
 
 3 6i d)c KlaU) of Coapo?at(aii0» 
 
 Patent us to the purpofe to hold Goal-Delivery by 
 the Bailiffs and Recorder is void, in as much as 
 they have not Authority given them_, unlefs with 
 fuch as the King (hall appoint, the which appoint- 
 ment the King is not bound to make, and which 
 appointment, if it be made, ought to be by Let- 
 ters Patents, by which they that are named in it 
 (hall take their Power and Authority and not o- 
 therwife, by which they fliould not have joint 
 Authority witli the Bailiffs, and their Authority 
 commencing by Parent, will be at feveral times, 
 and fo the King is deceived in his Grant, i An- 
 Jerfon ttu. 304. 
 
 The King may grant a Privilege to a Corpora- 
 tion by way of Intereft, and commit the execution 
 of it to fome Perlbns which are not Members of 
 the Corporation. Hob. 16. 
 
 The Town oiGlocefier was parcel of theCoun- 
 Glocejler City ty oi Glocefier^ and Kin^ Richard the ^d. by Let- 
 made a Counry. ters Patents grants, that the Town of Glocefier 
 from thenceforth fliould be an entire County by it 
 felf, Incorporated in Fa6l:, and named, and dlftin(5fc 
 and utterly fevered from the County of Glocefier y 
 and not parcel of the fame, for ever, and that the 
 laid County Co feparate (hall be called the County 
 of the Town of Glocefier, favlng notwlthftand- 
 ing, and refer ving to us and our Heiis, that the 
 Juftices of Aflize in the County of Glocefier, and 
 the Juftices of the Goal-Delivery In the (aid Coun- 
 ty, and the Juftices of Peace in the fald Counry 
 (hall hold their Seflions, and the Sheriff his County, 
 and every of them may freely enter into the Vil- 
 lage aforefaid, and the Seflion and Counties to hold 
 for every caufe and matter out of the County of 
 the Town of Glocefier, and within the County of 
 Glocefiery arlfmg as they were accuftomed to hold 
 them, and that no Jullice of Peace of" (he County 
 
 of
 
 of Glocefler ftiall intermeddle with any thing m 
 the faid Village. The Queltion was, If the Juf- 
 tices of Aflize and Goal-Delivery may fit in the 
 Town of Glocefier to indltSl Felony made in the 
 County, but in the Town of Glocefier, or nor, 
 and it was held they might ; for it appears that the 
 intent of the King was as to the(e purpofes, to 
 have the Town of Glocejter Parcel of the County, 
 and for other purpofes to be a County of it felf. 
 I Anderfon Ntt. 300. 
 
 1.0 H. 6. King H. 6. granted by his Letters 
 Parents to Corpus Chrifil College in Oxford, that 
 they and their SuccefTors, and their Tenants, (hould 
 be difcharged of the payment of Toll for Pontage 
 and Paffage in every place in England^ and it was 
 admitted a good Cuflom. i Kol. Abridg. 198. 
 Wood and Haw kill. 
 
 Note, Corporations that have any Liberties were 
 to make their Claims before the Juftices in Eyre. ^. . . . 
 ^40 Warranto '^zs brought againft the Town ofjjg^f'jgj before' 
 Bedford, for that they had not the laft preceeding juftices inEyre. 
 Eyre made claim of divers Liberties^ and thereupon 
 in that Ejre adjudged (]nod ownes Ltbertates non 
 clamat. cap. fuiJJ'ent in manus Dom* Regis, and 
 hid not been replevied, and the Corporation was 
 admitted to a Fine, 4 Edw. 5. 
 
 Upon an Information for a Riot in Canterbury, 
 on not Guilty pleaded, 14 Jurors were returned on 
 a Venire Faciizs to the Sheriffs of the City, which 
 is a County of it (elf; a Diftringas was awarded, 
 upon which a fpecial Return was made, that King 
 James by his Letters Patent, dared, ^c. granted 
 to the Mayor and Commonalty of the faid City, 
 and their Succeflbrs, that rhe faid City fliould be a 
 free City, and that the Mayor and Commonalty 
 of the faid City and Citizens thereof (hould be a 
 Corporation in re nomine df facfo, by the name 
 
 of
 
 ^^4 ^62 ^alu of Cojpo^atfon^* 
 
 of the Mayor and Commonalty of the City of 
 Canterbury^ and that by the fame name they 
 fliould have a perpetual Succeflion ; and further 
 granted, that they, nor any of them fhould not 
 Exemption not be conftrained or compelled to appear before the 
 to be of any faid King, his Heirs, or SuccelTors, or before any 
 Jury out of Juftices oT the ^id King, his Heirs or Succeflbrs 
 their Cojpora- ^^^ of the faid City, the Liberty or Precinfts there- 
 ^'°"* of, or any Jury, Aflize, Recognition or other In- 
 
 quifition whatfoever, for, or in anfwer of any Fe- 
 lony, Murder, Offence, or Criminal whatfoever 
 (High-Treafon excepted) Calling, arlfmg, or hap- 
 pening within the (aid City, Precind;s, or Liber- 
 ties thereof And he farther returned, that after 
 the receipt of the faid Writ of Difiringas he re- 
 Wrlt of Allow, ceived the K'ngs Writ of Allowance to him di- 
 ancc. rt6led, and further returned, that the Jurors are all 
 
 Citizens and Freemen of the laid City, and Co he 
 defjfted to diftrain on them, and did not return any 
 Iffues upon them according to the purport of the 
 faid Writ of Allowance. 
 
 Quefi, I. Whether the Exemption heje return- 
 ed will extend and hold place incafu Regis ^ where 
 the King is the fole and immediate Party; alcho the 
 words lic€t tangent nos are not in the Charter, yet 
 there are words tantamount. 
 
 Quefi. 1. Whether they come in time to have 
 the benefit of this Exemption allowed them? 
 ^. J, But the Court held that this Privilege did not 
 
 vileee to bede- ^^^^ properly before them upon the Sheritfs re- 
 manded, turn, but that the Jurors being Freemen ought to 
 demand it feverally upon their Appearance on the 
 D'tjiringas ; yet it feemed hard, that the Sheriff 
 was fined lOO /. for if after a Writ of Allowance 
 ferved on him, and the Charter fhewn him, he 
 fhould not rettra the Exemption^ an Action upon 
 lie againfl him, at the Suit oF any 
 
 Ptrfon,
 
 €:()e Xatu of CoMJpjation^. 3 6s 
 
 Perfbn, who being diftraincd to appear ^^on a 
 Jury, had right to be exempted by the Charter ; 
 and the diverfity taken in all other Books is. 
 That upon the (hewing of a Charter to the She- 
 riff, without a Writ of Allowance, the SherifiF is 
 not obliged to take notice of it ; but ijpon a 
 Writ of Allowance be is bound to take notice of 
 it, upon the Peoalty of being liable to an Adion, 
 as atorelaid. Co. i Jnfi, izo. Statute of Marl^, 
 c* 14. 
 
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