THE Town of Nottingham hath alwaies claimed to have been a Burrough by Praescription : And it cannot well be doubted that it hath been so ; For that it appears by Dooms-day-book , in the time of King William the First , That the Burgesses of Nottingham then had divers Houses and Parcels of Land in Nottingham : And that the Burgesses of that Town were One Hundred Seventy Three in Number , in the time of Edward the Confessor .

That Town hath also alwaies claimed to have been a Corporation by Praescription ; And it is hard to believe it otherwise , because no Charter of its first incorporating could yet be found , and the Charters granted to the Burgesses of that Town by King Henry the Second and King John do imply them as a Body Corporate before those times .

Yet it appears by the Charter of King Edward the First that there was no Maior of that Town before his Reign , For that he then was pleased to grant the Burgesses of that Town a priviledge that they then after should choose a Maior out of themselves annually : And some of their former Charters as well as that , shew , that for some time before they had only Bailifs of that Town . From Edward the Firsts time under Maior and Bailifs the Town continued till Henry the Sixths time ; who was pleased to make it a County and grant them Sheriffs instead of Bailiffs ; and the priviledge of choosing out of themselves Seven Aldermen , and one of them annually to be Maior , and that the Aldermen ( as long as they so continued ) should be Justices of the Peace within that Town : And moreover that the Burgesses of the Town of Nottingham should for ever be a Body Corporate by the Name of Maior and Burgesses . Nor hath any Charter since , nor any By-Law that can now be heard of , given the Aldermen any more Power than they had by that Charter , which was then nothing more than every Burgess of that Town had , except being Justices of the Peace and wearing Gowns and Hoods . So that the Aldermen , though of late they have taken upon them to sit as Members of the Counsel of that Town , can neither prescribe to that power , because there were no Aldermen in that Town before King Henry the Sixths days : Nor can they claim to be of the Councel of that Town by force of any Charter ; for no Charter either in Henry the Sixths time or since hath granted them any such Authority : Nor did they pretend to sit in that Councel by vertue of any By-Law of that Town , or ever shewed any such By-Law , though their right of Sitting and Voting there hath been denyed in the Councel by Members thereof .

The Aldermen indeed , in King James his time began , though they had no right so to do , to take upon them to be part of the Councel and to intermeddle in the Towns Concerns and to encroach so far upon the Burgesses without their consent as to pretend to have a right in the setting and disposing of the Corporation Lands , and of the Bridge-Lands , and School-Lands : But the Burgesses were so far from consenting to their having of any such Power or Authority that they in the year 1605 , by their Petition to the Lords of the Councel Table complained of the encroachments of the Aldermen , and pray'd redress . Upon which the Lords of the Councel referred the examination of the matters in Controversie to the Judges of Assize that went that Circuit , to the end they might be certifyed and the better informed by the said Justices of such Course as upon good Advice and deliberation they should find in their Judgments agreeable to Law and meet to be set down and ordered in that behalf . Who accordingly entred into consideration of the complaints on both sides , and advised with the rest of the Judges touching the Charter granted to that Corporation , and all other matters meet to be considered of concerning the matters in Controversie , And returned Certificates of their Opinions of such order of agreement as they thought fit and convenient to be observed and established , according to Law and Justice for the publique good and Government of the said , Town . Whereof the Maior , and the Parties indifferently sent up to solicite a peaceful end of those Controversies , having taken knowledge , did consent thereto : And thereupon by consent of the said Parties it was amongst other things order'd that there should be a Councel in that Town of Twenty Four persons only , out of which the Aldermen for the time being should alwaies be excepted ; And that the said Councel with the Maior , or the greater part of them being at such Assembly without any other of the said Corporation should set and let the Towns Lands , Bridge-Lands , and School-Lands , taking unto them the Chamberlains , Bridge-Masters , and School Wardens respectively , as their places for the Lands within their several Offices should require ; As by the said Order and Agreement , which the Burgesses have ready to produce when occasion shall require , will plainly appear . So that now all pretence of the Aldermens being of the Councel , or having any thing to do with the Corporation Lands , the School-Lands , or the Bridge-Lands was adjudg'd against both by the Judges and the Lords of the Privy-Councel , and accordingly was wholly laid aside till of late .

The Case standing thus , and the Maior Aldermen and Burgesses of that Corporation being by their Burges Oath particularly obliged that the Franchises of the said Town they will maintain , sustain , with their Bodies , their Goods , and their Chattels to their Power , and that not let neither for love nor dread without regard of any man , but maintain the Laws , good Customs , and Franchises of that Town ; And divers Burgesses of that Town being informed about the beginning of Easter Term last , that the Maior , and some of the Aldermen of that Town had a design to frurender the Charters of that Corporation ; It was scarce credited by any of the Burgesses that the Maior or almost any of the Aldermen would consent to do a thing so directly contrary to their Burges Oath : yet divers Burgesses of the said Town , considering they had taken the said Oath for preserving the Rights of the Town , Thought it but convenient , for the prevention of the ill Consequences which they well knew must befall that Town , if their Charters should be delivered up , and a new Charter taken without the privity , consent , or hearing of the Burgesses of that Town , To order Four Caveats to be entred : And accordingly in Easter Term Ordered two to be entred at the Lord Chancellors , and two at the Attorney Generals ; One of which Caveats in each place was against passing any New Charter to the Town of Nottingham , without the privity , consent , or hearing of the Burgesses of that Town ; The other against the accepting of any surrender of any Charter of that Town without the like privity , consent , and hearing : Which said Caveats were entered accordingly .

And so the matter rested till the 25th of July last . But upon that day the Maior called a Councel without giving notice what the business would be unless it was to those of his own Party and Confederacy : But that he had thoughts of surrendring when he came to the Hall will be pretty manifest from what he did after the question was put to the Vote , and the Pole taken . There appeared at the Hall the Maior and Five Aldermen and Two and Twenty of the Councel and Mr. William Toplady , ( who the last year by order of Mr. Gervas Rippon the then Maior was sworn in as an Alderman , though Mr. Sherwin , who stood in competition with Mr. Toplady , had near twice as many Votes . Upon which Mr. Sherwin brought his Mandamus , and the Cause is yet undecided in the Court of Kings Bench . ) After some business in the Hall was dispatcht , The Maior caused a question to be put for surrendring of the Charters of that Town : And though it was declared by some of the Councel , that the Aldermen had no right to vote therein yet the Maior caused a Pole to be taken and admitted them , and Mr. Toplady as Voters ; Save only , that Mr. Alderman Edge suspended his Vote and gave it neither way : The rest voted as followeth , Viz .

So that if the Aldermen should be admitted to have a right to vote in the Councel , yet here was no Majority for the Surrender . But on the contrary , The Aldermen having no colour of right , either by Praescription , or Charter , or otherwise ( for the reasons aforesaid ) to be of the Councel ; It is plain there was only the Maior and nine of the Councel for the Surrender , and thirteen of the Councel against it ; And consequently that the greater part of the Councel voted against the Surrender . Nor can it be imagined that the Councel of that Corporation ( being neither settled by Praescription , nor vested in by Charter , but only brought in by consent and choice of all the Burgesses , only for the better managery of the Revenues of the Corporation and dispatch of some other ordinary Affairs , and not intrusted with many rights of that Town ) can pretend to any power of surrendring the Charters and Liberties of that Town more than any small number of Burgesses : So that how this surrender of fourteen men against the Vote of the greater Number of the Councel , and will of almost all the Burgesses should be good in Law , is not yet well understood : And if the putting of the Town Seal to an Instrument without the consent of the Body Corporate should be said to be sufficient in Law to give away the Lands and Rights of any Body Corporate Then any Thief that can but Steal the Corporation Seal will have it in his Power , though he be no Member of the Corporation , to give up the Lands and Liberties thereof : Which indeed would be a strange peice of Law and Justice to be owned in any Nation that pretends to Sence and Honesty . Yet Mr. Maior , all this notwithstanding , did as soon as the said Vote was over , pull out of his Pocket an Instrument in writing , purporting a surrender of their Charters , and caused the Town Seal to be affixed thereto without any further Vote . The Draught of the Instrument , as it is commonly said , was first made at London , and thence transmitted to an Honourable Person in Nottinghamshire , and by his Order conveyed to Mr. Maior . But this Report , if it were not for one thing which it s believed will be proved if there be occasion , might seem not well grounded ; because , as it afterwards will appear , this surrender was not thought sufficient , and so another was sealed ; Which yet one of the Aldermen would have to be the very same word for word with that which was first sent up sealed to London ; as if twice Sealing would make that effectual which was not so by being once sealed . But it is likely he had not heard what is commonly reported , and perhaps will be proved when time serves , that the first Instrument for surrendring that was sealed , was drawn so as to make a surrender to the Right Honourable the Earl of Hallifax and Sir Leoline Jenkins .

After the said Vote , touching the intended surrender , was over ; many of the Burgesses of Nottingham considering their Oath and that there were many Customs and Priviledges in reference to Trade which the Burgesses of the Corporation held only by Custom and Praescription , and that as some of the Lands which that Corporation held was by grant from some of His Majesties Royal Praedecessors , so most of their Town-Lands ( which are of great annual value ) were given by private persons ; Thought fit to ask advice of Councel in several points .

The first Question proposed to Councel was , Whether if the Charters were surrendred and a new one taken , that new grant would not preserve the Lands to the Corporation ? To which Councel replyed that if the Charters of any Body Corporate were legally surrendred , Then the Corporation that held by such Charters was dissolved , and that if they had any Lands which had been given to that Corporation the Heirs of those that gave those Lands would , as soon as such surrender was compleated , be entituled to the Lands and recover the same . And they said those Lands which had been given to such Corporation by any of His Majesties Predecessors , His Majestie might , if he so pleased , grant them again to the Corporation ; But no new Charter of his could as they conceived give the Corporation any Title to those Lands which had been given by private persons ; Or enable the Corporation to keep them from the Heirs of those that gave them , In case such surrender should be : And so they say It was resolved by the Judges when the Monasteries were surrendred or dissolved , And that therefore a special Act of Parliament was advised to be made , and accordingly was made , to vest all those Lands in the King ; there being no other way to hinder them from going to the Heirs of those that gave them when by Surrender they had dissolved those Corporations .

The second question proposed was , Whether if the Maior and Burgesses of a Corporation claim any right of Common by Custom or Prescription upon other mens Lands , as is in the Case of Stafford , Derby , Coventry , and many other Corporations , They can surrender their Charters , and yet by any new Charter to be obtained from His Majesty , or by any other means , preserve their right of Common ? To which it was answered , That if the Maiors and Burgesses of any Corporation claim such Common and afterwards makes such Surrender , and so dissolve the Body Corporate , their Prescription for Common is destroyed : And though His Majestie should please to incorporate them anew , Yet their Title to the Common will ( as they conceive ) be totally lost :

The third Question was , Whether the Town of Nottingham , being one of the ancientest Corporations of England and free from tolls in most places , should have the same Priviledge if they surrendred their Charters ? To which it was answered , That if the Town of Nottingham surrendred their Charters , and so dissolved their Corporation , Then in all other places that had formerly Tolls granted them , and kept their old Charters They should have Toll of Nottingham men , And all such Corporations as shall so surrender , notwithstanding any new Charter that can be granted them .

The last Question propounded was , Whether if the Maior or any other Members of a Corporation do without the consent of the major part of the Body Corporate occasion the surrender of the Charters of that Corporation , The particular persons that received dammage by that surrender may not have an action at Law for recovery of their dammages ? To which it was answered , that it was no Question but that every particular person that should be any ways damnified by such surrender might by action at Common Law recover all his dammages of those persons that occasioned the surrender . Yet it was thought adviseable as the most proper way for preventing the surrendring of the Charters and of those inconveniences and suits which might be occasioned thereby , or by taking of a new Charter , if obtained by the Maior and a few of the Burgesses without the privity , consent , or hearing of the rest , That the major part of the Burgesses should present Mr. Maior with their sence of his proceedings , and declare their dissent from any surrender . And accordingly a writing was drawn and signed by betwixt Three and Four Hundred of the Burgesses ; and then a fair Copy made and examined with the Original , and so with all the Burgesses Names to it that had subscribed was by several of the Burgesses , and in presence of several Gentlemen of Quality that were no Burgesses , presented to the Maior upon the Fourth day of August , as the sence of most of the Burgesses of that Town . The Writing so presented was as followeth , Viz .

The Burgesses were also advised to order , and accordingly did order Caveats , in the Names of some particular Burgesses on behalf of themselves , and most of the Burgesses of the Town , to be enter'd at the Lord Chancellors , The Lord Privy Seals , and in the Signet Office , against surrendring of any of the Charters of that Town , without the privity , consent and hearing of the said Burgesses , and against passing of any new Charter to that Town , without like privity , consent , and hearing : And the Burgesses have had an account from their Agent at London , that he had entred such Caveats at the Lord Chancellors , and in the Offices of the Lord Conway , and Sir Leoline Jenkins , it being commonly reported that the Lord Privy Seal had delivered up the Privy Seal to the said Sir Leoline .

The Burgesses were further advised to Petition the Lord Chancellor to be heard before any surrender of their Charters should be accepted , or any new Charter to that Town should pass the Broad-Seal : And accordingly a Petition was drawn and signed by above Three Hundred and Sixty Burgesses , and a Copy thereof fairly engrossed , with the Names of the Burgesses that had subscribed , was sent and presented to the Lord Chancellor at Bath , on Thursday the Tenth of this instant August . Which Petition was in these words following , Viz .

The Petition being delivered as aforesaid , and Mr. Maior having been acquainted in manner aforesaid , by the generality of the Burgesses that they neither had consented , nor should consent to a surrender of any of the Charters , Rights , or Liberties of the Town , and the Burgesses having been advised by Councel that no Instrument for making a surrender of the Charters to the Earl of Hallifax and Sir Leoline Jenkins could be effectual in Law : It was hoped that there would not have been any further progress in the business ; At least before the Burgesses were heard upon their Caveats or Petition ; And it was taken for granted that no new Instrument in order to any surrender could be made and sealed without calling together the Councel of that Town ; Because by Custom of that Town the Town-Seal hath alwaies used to be kept under the custody of three Locks and Keys and not taken out but in Councel ; and those three Keys kept by three several persons for better preventing of any indirect use of the Seal . But contrary to the Burgesses expectation and against all ancient usage ; Mr. Maior ( having , as he said , received advice from London that the Instrument he had sent up for surrendring the Charters was not sufficient ) did on Saturday the Twelfth of August require of the Senior Coroner to deliver him his Key ; Which the Coroner refusing to do , ( unless according to the Custom of the Town a Councel was call'd and should order such delivery ) it seems Mr. Maior found another way to come by the Seal ; if that be true which was signified in the publick Prints that came down to Nottingham on the Nineteenth of August , viz. That upon the Fourteenth of August a surrender of Nottingham Charters was made to His Majesty . And there is one thing which hath happened since which gives a shrewd light what Mr. Maior did on that Twelfth of August without so much as summoning a Councel : For the party who , by Mr. Maiors command as he saith , did that day force open the Lock to which the Coroners Key belonged , hath since confessed the fact . So that now if it should hereafter appear to be true , as those Prints seem to intimate , That any Instrument for surrendring of Nottingham Charters to His Majestie was presented to His Majestie on the Fourteenth of August ; It will scarce be a question by what means , or how lawfully Mr. Maior came by the Seal , or how valid such surrender is like to be .

This is the true Case of the Burgesses of Nottingham , who are ready to make good every matter of Fact as herein stated when ever there shall be occasion , and doubt not but to prove it if they may either be heard upon their Petition or Caveats : And however question not , but by the Assistance of the Courts of Justice they shall still preserve their Rights ; Notwithstanding all these endeavours that have been used to give up their Charters and Liberties .