William and Mary, 1689
An Act for Reversing the Judgment in a Quo Warranto against the City of London and for Restoreing the City of London to its antient Rights and Priviledges. [Chapter VIII. Rot. Parl. pt. 1. nu. 10.]

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History of Parliament Trust

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John Raithby (editor)

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1819

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171-173

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'William and Mary, 1689: An Act for Reversing the Judgment in a Quo Warranto against the City of London and for Restoreing the City of London to its antient Rights and Priviledges. [Chapter VIII. Rot. Parl. pt. 1. nu. 10.]', Statutes of the Realm: volume 6: 1685-94 (1819), pp. 171-173. URL: http://www.british-history.ac.uk/report.aspx?compid=46337 Date accessed: 02 September 2014.


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Judgment of the Court of King's Bench in a Quo Warranto against the Mayor, &c. of London, in Trinity Term 35 Car. II. recited.

The said Judgment, and all the Judgments against the Charter of London, void; Vacates to be entered on the Roll.

Whereas a Judgement was given in the Court of Kings Bench in or about Trinity Terme in the five and thirtyeth yeare of the Raigne of the late King Charles the Second upon an Information in the nature of a Quo Warranto exhibited in the said Court against the Mayor and Commonalty and Citizens of the City of London That the Liberty Priviledge and Franchise of the said Mayor and Commonalty and Citizens being a Body Politicke and Corporate should be seized into the Kings Hands as forfeited. And forasmuch as the said Judgement and the Proceedings thereupon is and were illegall and arbitrary And for that the Restoreing of the said Mayor and Commonalty and Citizens to their antient Liberties of which they had beene deprived tends very much to the Peace and good Setlement of this Kingdome Bee it declared and enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authoritie of the same That the said Judgement given in the said Court of Kings Bench in the said Trinity Terme in the five and thirtyeth yeare of the Raigne of the said King Charles the Second or in any other Terme And all and every other Judgement given or recorded in the said Court for the seizing into the [said (fn. 1) ] late Kings Hands the Liberty Priviledge or Franchise of the Mayor and Commonaltie and Citizens of the City of London of being of themselyes a Body Corporate and Politick by the Name of the Mayor and Commonalty and Citizens of the City of London and by that Name to plead and be impleaded and to answere and to be answered or in what manner or words soever such Judgement was entred is shall be and are hereby reversed annulled and made void to all intents and purposes whatsoever and that Vacats be entred upon the Rolls of the said Judgement for the Vacating and Reversall of the same accordingly

II. Mayor, &c. of the City of London to remain a Corporation; and to enjoy the Rights, &c. which they had at the time of the said Judgment.

And bee it further declared and enacted by the authoritie aforesaid That the Mayor and Commonaltie and Citizens of the City of London shall and may for ever hereafter remaine continue and be and prescribe to be a Body Corporate and Politick in re facto et nomine by the Name of Mayor and Commonaltie and Citizens of the City of London and by that Name and all and every other Name and Names of Incorporation by which they at any time before the said Judgement were incorporated to sue plead and be impleaded and to answere and to be answered without any Seizure or Forejudger of the said Franchise Liberty and Priviledge or being thereof excluded or ousted for or upon any pretence of any Forfeiture or Misdemeanour at any time heretofore or hereafter to be done committed or suffered And the said Mayor and Commonaltie and Citizens of the said City shall and may as by Law they ought peaceably have and enjoy all and every their Rights Gifts Charters Grants Liberties Priviledges Franchises Customs Usages Constitutions Prescriptions Immunities Markets Duties Tolls Lands Tenements Estates and Hereditaments whatsoever which they lawfully had or had lawfull Right Title or Interest of in or to at the time of the recording or giveing the said Judgment or at the time or times of the said pretended Forfeitures

III. Grants, &c. by Car. II. and Jac. II. since the said Judgment, void.

And bee it enacted by the authoritie aforesaide That all Charters Letters Patents and Grants for incorporating the Citizens and Commonaltie of the said City or any of them and all Charters Grants Letters Patents and Commissions touching or concerning any of their Liberties or Franchises or the Liberties Priviledges Franchises Immunities Lands Tenements and Hereditaments Rights Title or Estates of the Mayor and Commonaltie and Citizens of the City of London made or granted to any person or persons whatsoever by the late King Charles the Second since the said Judgement given or by the late King James the Second be and are hereby declared and adjudged null and void to all intents and purposes whatsoever

IV. Recoveries, &c. in the Mayor's Court, &c. since the said Judgment, good.

Persons not having qualified to act upon the said Charters, &c. liable to Penalties.

Provided neverthelesse That noe Recoveries Verdicts Judgments Statutes Recognizances Inquisitions Indictments Presentments Informations Decrees Sentences Executions nor any Plaints Processe or Proceedings in Law or Equity had made given taken or done or depending in the Mayor or either of the Sheriffes Courts or any other Court within the said City or Liberties thereof since the said Judgement given shall be avoided for want or defect of any legall Power in those that acted as Judges Justices Officers or Ministers of in or as belonging to any of the said Courts But that all and every such Recoveries Verdicts Judgments and other things above mentioned and the Actings Doeings and Proceedings thereupon shall be of such and noe other force effect and vertue then as if such Judges Justices Officers and Ministers had acted by vertue of legall authority and that noe person or persons shall be in any wise prosecuted sued impeached or molested for any cause or thing by him or them lawfully acted or done in pursuance of any such Charters Letters Patents Grants or Commissions Provided that this Act shall not extend to discharge any person or persons from any penalty or penaltyes or forfeitures by him or them incurred for not duely qualifying him or themselves to act upon the said Charters Letters Patents Grants or Commissions

V. Officers, so being at the Time of the Judgment, confirmed.

Exception; Officers chosen, &c. since the said Judgment confirmed.

And bee it enacted by the authoritie aforesaid That all Officers and Ministers of the said City that rightfully held any Office or Place in the said City or Liberties thereof or in the Burrough of Southwarke at the time when the said Judgement was given are hereby confirmed and shall have and enjoy the same as fully as they held them at the time of the said Judgement given except such as have voluntarily surrendred any such Office or Place or have beene removed for any just Cause and that every person who since the said Judgement given hath beene chosen admitted and placed into any Office or Imployment within the said City upon the Death Surrender or Removeall as aforesaid of the former Officer shall be and is hereby confirmed in his said Office or Employment and shall have and enjoy the same in as full and ample manner as if he had beene admitted or placed therein according to the antient Customs of the said City

VI. Leases, Grants, &c. made since the said Judgment, good; and the Mayor, &c. to have the Benefit thereof.

Provided alsoe and bee it enacted by the authoritie aforesaid That all Leases and Grants of any of the Lands Tenements Hereditaments and other things before the time of the said Judgement given belonging to the said Mayor and Commonalty and Citizens and usually leased or granted by them made since the time of the said Judgment given by the said late King Charles the Second or King James the Second or by any person or persons takeing upon them to be Trustees for the said City for the preservation or maintenance of the Government or publick Offices of the said City by or upon pretence of any Grant or Commission by their said late Majesties King Charles the Second and King James the Second or either of them such Grants and Leases being made for just good and valuable considerations and whereupon the old accustomed yearely Rent or more hath beene reserved payable into the Chamber or Bridgehouse or any of the Hospitalls of the said City shall be as good and valid for the Terms and under the Rents Payments Provisoes Conditions Covenants and Agreements therein respectively contained against the Mayor and Commonalty and Citizens of the said City and their Successors as if the same had beene made by the Mayor and Com[m]onaltie and Citizens of the said City under their Common Seale and the said Judgment had never beene given and not otherwise And the said Mayor and Commonaltie and Citizens and their Successors shall have the benefit and advantage of all Rents Reservations Payments Conditions Covenants Clauses and Agreements in every such Grant or Lease contained and the like Remedy for Non-payment Breach or Nonobservance thereof as if the said Grants or Leases had beene made by the said Mayor and Commonalty and Citizens and the said Rents Payments Conditions Covenants Clauses and Agreements had beene made payable reserved covenanted or agreed to and with the said Mayor and Commonaltie and Citizens

VII. Judgments, &c. obtained by Trustees for Lands, &c. of the said Corporation to remain in force.

Freedoms obtained since the said Judgment, good.

And bee it further enacted by the authoritie aforesaid That all Judgements Decrees and Sentences had or obtained by any person or persons takeing upon them to be Trustees as aforesaid for or concerning any Lands Tenements Duties Tolls and Interests whatsoever of or belonging to the said Mayor and Commonalty and Citizens of the said City shall stand and remaine in force and shall be prosecuted and executed by and to and for the use of the said Mayor and Commonaltie and Citizens as if the same had beene obtained in the Name of the said Mayor and Commonalty and Citizens And that all persons being naturall borne Subjects or Denizens that have beene admitted into the Freedome of the said City since the said Judgment given shall be free thereof and have and enjoy the said Freedome to all intents and purposes as if they had beene thereunto admitted before the said Judgment given

VIII. The present Mayor, &c. to continue till new Election.

New Election of Mayor, Sheriffs, and Chamberlain, to be made on the 26th May 1690; of Common Council 10th June.

Provided alwayes That the present Mayor Sheriffes Chamberlaine and Common Councill of the said City shall continue untill a new Election shall be made of such Officers and the persons elected sworne into their respective Offices and that such new Election be made at the times hereafter mentioned that is to say the Election of the Mayor and Sheriffes and Chamberlaine shall be made on the six and twentieth day of May in the yeare one thousand six hundred and ninety And the Election of the Common Councill shall be made on the tenth day of June in the yeare one thousand six hundred and ninety And such persons soe elected shall continue till the usuall times of Election of such Officers according to the antient Usage and Custome of the said City and from thence shall continue for the yeare ensueing

IX. If Election not made in time, Mayor, &c. at the time of the Judgment, to continue till new Election.

Provided neverthelesse and Bee it enacted That if the Mayor Sheriffes Chamberlaine and Common Councill shall not be elected at the times hereby limitted the Mayor Sheriffes Chamberlaine and Common Councill which were in being at the time of the said Judgement given shall be and continue in those respective Offices and places till new Elections be made of the like Officers and Common Councill according to the antient Usage and Custome of the said City

X. Persons restored, &c. to take Oaths required by 1 W. & M. Sess. 1. c. 8.

And Bee it further enacted That all persons soe to be restored and continued shall be and are hereby required to take the Oathes appointed by a certaine Act made in the first yeare of their Majesties Raigne Entituled An Act for the Abrogating of the Oaths of Supremacie and Allegiance and appointing other Oaths the next Terme after such Restitution under the Penalties Forfeitures Disabilities and Incapacities in the said Act provided and appointed

XI. Mayor, &c. to be sworn as usual.

And Bee it enacted That the Mayor Sheriffes and Chamberlaine soe to be elected shall be sworne in usuall manner on or before the twentyeth day of June next ensueing

XII. Companies restored.

Surrenders and Charters for new Incorporation by Car. II. and Jac. II. since the said Judgment, void; Proviso against Prosecutions in consequence of acting thereon.

And Bee it enacted by the authority aforesaid That all and every of the severall Companies and Corporations of the said City shall from henceforth stand and be incorporated by such Name and Names and in such sort and manner as they respectively were at the time of the said Judgment given and every of them are hereby restored to all and every the Lands Tenements Hereditaments Rights Titles Estates Liberties Powers Priviledges Precedences and Immunities which they lawfully had and enjoyed at the time of giveing the said Judgment And that as well all Surrenders as Charters Letters Patents and Grants for new incorporating any of the said Companies or touching or concerning any of their Liberties Priviledges or Franchises made or granted by the said late King James or by the said King Charles the Second since the giveing of the said Judgment shall be void and are hereby declared null and void to all intents and purposes whatsoever Provided neverthelesse That noe person or persons shall be in any wise prosecuted sued impeached or molested for any Cause or Thing by him or them lawfully acted or done in pursuance of any such Charters Letters Patents or Grants

XIII. Leases, &c. by the said Companies, made since the Judgment, good.

Provided also neverthelesse and it is hereby further enacted by the authoritie aforesaid That all Leases Terms and Estates made or granted by any of the said Companies since the giveing of the said Judgment for just and valuable Considerations and whereupon the old accustomed yearly Rents or more are reserved shall stand and be of the same force and effect as if the same had beene made or granted by the said severall Companies as hereby restored and the said respective Companies and their Successors shall have the benefit and advantage of all Rents Reservations Payments Conditions Covenants Clauses and Agreements in all and every such Lease or Grant contained and the like remedy therefore as if the same Grants and Leases had beene made by the said respective Companies as now restored and the said Rents Payments Conditions Covenants Clauses and Agreements had beene made payable reserved convenanted and agreed to or with them respectively

XV. Freedoms of the said Companies good.

Provided alsoe and bee it enacted That all and every person and persons who at any time since the said Judgment have beene admitted into the Freedoms or into the Liveryes of the said Companies according to the Usages and Customs of the said City and their respective Companies shall be and enjoy all the Rights and Priviledges of a Free man and of a Livery man to all intents and purposes as if they had beene admitted before the said Judgment

XVI. Public Act.

Provided alwayes and be it enacted by the authoritie aforesaid That this present Act of Parlyament shall be accepted taken and reputed to be a Generall and Publick Act of Parliament Of which all and every the Judge and Judges of this Kingdome in all Courts shall take notice on all Occasions whatsoever as if it were a publick Act of Parlyament relating to the whole Kingdome any thing herein contained to the contrary thereof in any wise notwithstanding.

Footnotes

1 interlined on the Roll.