No. LII.

The Statute 2 W. & M. c. 8. vacating the Judgments on the Quo Warranto, against the City of London, and confirming all the Privileges of the Corporation. [See p. 275.]

WHEREAS a judgment was given in the court of King's Bench, in or about Trinity-term, in the thirty-fifth year of the reign 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, privilege, and franchise of the said mayor and commonalty, and citizens, being a body politick and corporate, should be seized into the king's hands as forfeited: and forasmuch as the said judgment, and the proceedings thereupon, is and were illegal and arbitrary; and for that the restoring of the said mayor and commonalty and citizens to their ancient liberties, of which they had been deprived, tends very much to the peace and good settlement of this kingdom:

2. Be it declared and enacted, by the king and queen's most excellent majesties, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by authority of the same, That the said judgment given in the said court of King's-Bench in the said Trinity-term, in the thirty-fifth year of the reign of the said king Charles the second, or in any other term; and all and every other judgment given or recorded in the said court, for the seizing into the late king's hands the liberty, privilege, or franchise of the mayor and commonalty, and citizens of the city of London, of being of themselves 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 answer and to be answered, and in what manner or words soever such judgment was entered; is, shall be, and are hereby reversed, annulled, and made void, to all intents and purposes whatsoever; and that vacates be entered upon the rolls of the said judgment, for the vacating and reversal of the same accordingly.

3. And be it further declared and enacted, by the authority aforesaid, That the mayor and commonalty, and citizens of the city of London, shall and may forever hereafter remain, continue, and be, and prescribe to be a body corporate and politick, in re, facto & nomine, by the name of mayor and commonalty, 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 judgment were incorporated, to sue, plead, and be impleaded, and to answer and be answered, without any seizure or forejudger of the said franchise, liberty, and privilege, or being thereof excluded or ousted, for or upon any pretence of any forfeiture or misdemeanor at any time heretofore or hereafter to be done, committed, or suffered; and the said mayor and commonalty, 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, privileges, franchises, customs, usages, constitutions, prescriptions, immunities, markets, duties, tolls, lands, tenements, estates, and hereditaments whatsoever, which they lawfully had, or had lawful right, title, or interest of, in, or to, at the time of recording or giving the said judgment, or at the time or times of the said pretended forfeitures.

4. And be it enacted, by the authority aforesaid, That all charters, letters patents, and grants for incorporating the citizens and commonalty 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, privileges, franchises, immunities, lands, tenements, and hereditaments, rights, titles, or estates of the mayor and commonalty, 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 judgment 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.

5. Provided nevertheless, that no recoveries, verdicts, judgments, statutes, recognizances, inquisitions, indictments, presentments, informations, decrees, sentences, executions, or any plaints, process, or proceedings in law or equity, had, made, given, taken, or done, or depending in the mayor or either of the sheriffs courts, or any other court within the said city or liberties thereof, since the said judgment given, shall be avoided for want or defect of any legal 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, doings, and proceedings thereupon, shall be of such and no other force, effect, and virtue, than as it such judges, justices, officers and ministers had acted by virtue of legal authority; and that no 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.

6. Provided, that this act shall not extend to discharge any person or persons from any penalty or penalties, or forfeitures by him or them incurred, for not duly qualifying him or themselves to act upon the said charters, letters patents, grants, or commissions.

7. And be it enacted, by the authority 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 borough of Southwark, at the time when the said judgment was given, are hereby confirmed, and shall have and enjoy the same as fully as they held them at the time of the said judgment given, except such as have voluntarily surrendered any such office or place, or have been removed for any just cause; and that every person who, since the said judgment given, hath been chosen, admitted, and placed into any office or employment within the said city, upon the death, surrender, or removal, as aforesaid, of the former officers, 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 been admitted or placed therein, according to the ancient customs of the said city.

8. Provided also, and be it enacted, by the authority aforesaid, That all leases and grants of any of the lands, tenements, hereditaments, and other things, before the time of the said judgments 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 taking 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 yearly rent, or more, hath been reserved, payable into the chamber or Bridge-house, or any of the hospitals of the said city, shall be as good and valid for the terms, and under the rents, payments, provisos, 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 been made by the mayor and commonalty and citizens of the said city, under their common seal, and the said judgment had never been given, and not otherwise; and the said mayor and commonalty 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 non-observance thereof, as if the said grants or leases had been made by the said mayor and commonalty and citizens, and the said rents, payments, conditions, covenants, clauses and agreements had been made payable, reserved, covenanted, or agreed to and with the said mayor and commonalty and citizens.

9. And be it further enacted, by the authority aforesaid, That all judgments, decrees, and sentences, had or obtained by any person or persons taking 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 remain in force, and shall be prosecuted and executed by and to, and for the use of, the said mayor and commonalty and citizens, as if the same had been obtained in the name of the said mayor and commonalty and citizens; and that all persons being natural-born subjects, or denizens, that have been admitted into the freedom of the said city since the said judgment given, shall be free thereof, and have and enjoy the said freedom to all intents and purposes, as if they had been thereunto admitted before the said judgment given.

10. Provided always, That the present mayor, sheriffs, chamberlain, and common council of the said city, shall continue until a new election shall be made of such officers, and the persons elected sworn 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, sheriffs, and chamberlain shall be on the twentysixth day of May, in the year one thousand six hundred and ninety; and the election of the common council shall be made on the tenth day of June, in the year one thousand six hundred and ninety; and such persons so elected shall continue till the usual times of election of such officers, according to the ancient usage and custom of the said city, and from thence shall continue for the year ensuing.

11. Provided nevertheless, and be it enacted, That, if the mayor, sheriffs, chamberlain, and common council, shall not be elected at the times hereby limited, the mayor, sheriffs, chamberlain, and common council, which were in being at the time of the said judgment given, shall be and continue in those respective offices and places till new elections be made of the like officers and common council, according to the antient usage and custom of the said city.

12. And be it farther enacted, that all persons so to be restored and continued, shall be, and are hereby required, to take the oaths appointed by a certain act, made in the first year of their majesties reign, entitled, An act for the abrogating of the oaths of supremacy and allegiance, and appointing other oaths, the next term after Restitution, under the penalties, forfeitures, disabilities and incapacities in the said act provided and appointed.

13. And be it enacted, That the mayor, sheriffs, and chamberlain, so to be elected, shall be sworn, in the usual manner, on or before the twentieth day of June next ensuing.

14. And be it enacted, by the authority aforesaid, That all and every of the several 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, privileges, precedencies, and immunities which they lawfully had and enjoyed at the time of giving 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, privileges or franchises, made or granted by the said late king James, or by the said king Charles the second, since the giving of the said jugement, shall be void, and are hereby declared null and void, to all intents and purposes whatsoever. Provided nevertheless, That no person or persons shall be in any wife 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.

15. Provided also nevertheless, and it is hereby farther enacted, by the authority aforesaid, That all leases, terms, and estates made or granted by any of the said companies since the giving 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 been made or granted by the said several 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 been made by the fail respective companies as now restored, and the said rents, payments, conditions, covenants, clauses, and agreements had been made payable, reserved, covenanted and agreed to, or with them respectively.

16. Provided also, and be it enacted, That all and every person or persons, who, at any time since the said judgment, have been admitted into the freedoms of, or into the liveries 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 privileges of a freeman, and of a liveryman, to all intents and purposes, as if they had been admitted before the said judgment.

17. Provided always, and be it enacted, by the authority aforesaid, That this present act of parliament shall be accepted, taken and reputed to be a general and publick act of parliament; of which all and every the judge and judges of this kingdom in all courts shall take notice, on all occasions whatsoever, as if it were a public act of parliament relating to the whole kingdom; any thing herein contained to the contrary thereof in any wise notwithstanding.