not intrade upon either Office: The Mayor to take the Oath of Office of Efcheator and Clerk of the Market, before the Bailifs. All efcheated, or forfeited Lands and Poffeffions, &c. with all Fines and Amerciaments, Goods and Chattels of Felons, fugitive or condemned, all ftrayed Cattle, whofe Owner may not be ascertained, and all Wrecks, within the Liberties of the City, being, of original· Right, vefted in the Crown, are now granted and confirmed to the Citizens. This is the Sum of the Grants in this Great Char

ter.

By this and the fucceding Charters, it is evident, that there is nothing neceffary for the Wealth and Happiness of a People, that has not been granted to this City. Few Cities in Europe can boast of fo great an Estate and fuch Extent of Franchises. Every Citizen has a Free-hold in the City, and is intituled to Privileges far fuperior to any other private Subject in the Kingdom, which appear by the foregoing Recitals. In fhort, fo great and fo firm is the Establishment of this City, that it is, as it were, a little CoмMON-WEALTH Within it felf: For, it wants nothing of being fully such, but a supreme legislative Power. And, it knows no Authority, that can leffen or invade it's Properties or Privileges in any Refpect, without the Consent of the Citizens: For, without that, no Patent or Charter can pafs, which may affect the City; not even to erect a Guild within the Liberties; and, if any Patent has been, or may be, by any Means, obtained, which interferes with the Rights or Privileges of the Citizens, it is in it felf null and void.

SUCH were the Inducements to the FREE CITIZENS of Bristol to transplant them felves into this Country. And nothing lefs, than such an Establishment, could be an adequate Reward for the unparallelled Valor and Loyalty of their Succeffors.

As the modeling and establishing the great Frame of Government of this City, was neither done by the Crown nor the Legiflature, it is neceffary to fhew how and by what Authority it was established.

THIS makes it neceflary to fet forth the Powers incident to the Creation of a Body Politic, which can not well be done, without a Repetition or Recital of what has been already fayed, in former Addreffes to You, upon this Subject.

A CORPORATION, or Incorporation, is a Society or Body framed by Policy, or Fiction of Law. Hence, it is called, a Body Politic. It is alfo called, a Body Corporate, or Incorporate; because the Perfons incorporated are united or formed into one Body, with Similitude to the Body Natural.

A BODY POLITIC is framed with a Capacity to be and to act, as a fingle Perfon. It must be immortal; because it must be furnished with Means of providing for a perpetual Succeffion.

and

THE general Intent and End of the Inftitution of Bodies Corporate, is good Government; when that is not answered, they may fhould be diffolved.

CORPORATIONS

CORPORATIONS commence by four Means. I. By Common Law; as the King is a Corporation fole, by the Common Law. II. By Prefcription. III. By Act of Parlement. IV. By Charter.

FOR the feveral Kinds of Corporations, I refer You to my nineth Addrefs. I fhall here confine my felf to the Corporation aggregate, temporal; by which I mean ASSEMBLY of many lay Perfons combined or joyned together in one Fellowship or Community, created as above; and holding by mutual Confent, to fupport the common Charge; to live under fuch Laws and Regulations, as they shall frame and agree upon; to give or take any Thing, within the Compafs of their Charter, and agreeable to Law; to fue and be fued; to have an Head and common Seal for these Purposes, and the like. Such are all Cities, Boroughs, Guilds, &c.

A CORPORATION aggregate is fayed to be invifible and immortal, and has it's Being, onely in Intendment and Confideration of Law. It can not therefore commit Treason, as a fingle Perfon: It can not be out-lawed, nor excommunicated: It can not do Homage or Fealty, nor fear. Nor can it appear in Perfon, but by Proxy or Attorney.

THE NAME or Titule of a Corporation is of the Substance and Effence of the Body Politic: It is therefore requifite it should be certainly determined. It is as the Name, given at Baptifm to a natural Perfon; with this Difference, that a natural Perfon is a perfect Creature before Baptifm, and is given a Name, not as of Matter of Neceffity, but of Policy, for Diftinction. But, a Body Politic is not onely imperfect, but can not receive a Being, without a Name..

UPON the very Creation of a Corporation, many Powers and Privileges are tacitly annexed to it, with a special Grant. Thefe are called in Law, Incidentals.

IT is incident to a Corporation, to fue and be fued; to plead and be impleaded; to purchafe and to alienate Lands, &c. to appoint and ufe a common Seal; that the Survivors be the Corporation; if it's Revenues increase, to apply them to the Ufes intended by the Founder, or to the Benefit of the Body Politic, to make Laws and Ordinances, and to prescribe and establish the Form of Government, provided they be agreeable to the Laws of the Land; to elect and appoint Officers and Servants, and to limit their Power, and Time of ferving; to appoint a fage Council to the chief Magiftrate or to the Corporation, under the Name of Aldermen, Burgeffes, CommonCouncil, Council of the Houfe, &c. and to ftate and afcertain their Privileges, Powers and Authority; to prescribe reasonable Tolls, Cuftoms or Duties upon Gattle, Carriages, &c. coming into, going out of, or through the Town, or upon Shiping coming into, or going out of it's River or Harbor; though there be no fuch Grants in the Charter. And all lawful and rational Customs of a Corporation are valid in Law.

A CORPORATION muft in all Things be fubject and amefnable to the Laws of the Common-Wealth, in Respect to which, it is but a

Member

Member, like any private Perfon. It is liable to Diffolution, for the Disuse, Mifufe, or Abuse of the Charter; as also, for want of lawful Succeffors.

FROM thefe general Principles, let Us deduce the particular Conftitution of this City.

WHAT has been offered in my fourth Addrefs, upon the original Inftitution of civil Society in general, and upon the Syftem of our national Conftitution in particular, holds equally good of the Conftitution of this City.

It was created a Body Corporate and Politic, with all the Requifites; an Estate to fupport it, Privileges and Liberties to encourage Virtue and Industry, by diftinguishing the Citizens, in the highest Manner, from the Grofs of the other Subjects, and with Power and Authority to defend and protect, and to difpenfe all these Benefits, for the GooD of the present and future Members of this Community. But, the Frame and Model of the Government and the entire Inftitution of the civil Society, were left folely to the Citizens, whofe Wisdom is the great and noble Structure, We can never fufficiently celebrate.

It is evident from all our Charters, as well, as the Great One, I have lately layed before You, that at the Creation of this Body Politic, our Predeceffors were left in a mere State of Nature, with Regard to the Government of this City.

As the first infranchised of Dublin, were Bristol Men, to whom, as an Encouragement to tranfplanting them felves into Dublin, all the Efate of the City was granted, with all the Honors, Powers, Privileges, free Customs, Franchifes and Immunities, to which they were at Home intituled; it was natural for them, to introduce and eftablish the Conftitution of their Mother-City in this new Colony; and they did fo accordingly.

THE City then confifted of a Provost and Citizens.

IN Henry III's Reign, the Citizens were empowered to elect, out of them felves, a Mayor every Year. And about the fame Reign, two Bailifs were inftituted. The Titule of thefe Officers was changed by EDWARD VI. of pious Memory, from Bailifs, to Sherifs.

ABOUT the Reign of the good and great King EDWARD III. whofe Memory must be grateful while any Traces of our Conftitution fubfift, a COMMON-COUNCIL was inftituted, not with absolute Power to tranfact the Affairs of the whole Corporation, but as a Committee to prepare Bufinefs, to be layed before the Citizens for their final Determination in the Court of DAREIN HUNDRED.

WHEN the Titule and Office of the chief Magiftrate was raised, and an higher Truft and greater Powers were repofed and vested in him, by the Corporation, the Crown or the Legislature, the Citizens, for his Eafe and Affiftance, and the better Security of the City, inftituted a Privy-Council, confifting of twenty-four of the most virtuous and wife Citizens. Thefe were at firft called, Jurees, and afterwards, Aldermen.

FOR

FOR your better understanding the Conftitution of the City, I fhall endeavor, briefly, to explane the Inftitution, Office and Duty of Provost or Mayor, Bailifs or Sherifs, Common-Council, and Jurees or Aldermen respectively.

BUT, as these and all other City Officers are to be chosen from among the Citizens, it may not be improper or unneceffary to premife fomething concerning the Inftitution, Office and Duty of a Citizen.

IN mine eighth Address, I have endeavored to explane the Words, City and Citizen. Upon the fulleft Enquiry, I am at prefent able to make, I can find no better a Definition of the Word, Civitas or City, than that it is a SOCIETY of Men, created and fo called by Charter or Laws, combined together for their mutual Support and Defence, and dignified, and diftinguished, by certain Liberties and Privileges, from the reft of the Subjects; whereby they are encou raged and enabled to cultivate Sciences, Arts and Commerce.

THE firft incorporated of this Community were created Citizens, with Power of appointing a Succeffion. The Children of the Citizens were intituled to the fame Privilege, as their BirthRight. Every Man, who ferved an Apprenticeship to a Citizen, became intituled to this Privilege. And, at the primitive Inftitution, no Man was intituled to be admitted a Citizen, but the Son of a Citizen or the Husband of a Citizen's Daughter, or he, who ferved an Apprenticeship to a Citizen; except, as an exemplary Reward for fome extraordinary public Services: But, when Men fell from their Integrity, and Venality and Corruption took Place of VIRTUE and HONOR, then Back-Doors for Admiffion into the Franchifes, were opened, and every one, who found it neceffary, readily purchased his Freedom, or higher Rank in the City, by a Bribe to the chief Magiftrate or his Wife, called, by the palliating Name of Gloves, or to the Common-Council, by the more pompous Appellation of Grace-special, or a Fine:

WITH US, the Inftitution and Office of a Citizen, is partly civil, partly military. At our firft Establishment here, We were kept for fome Time in a continual Warfare. Every Citizen was therefore obliged, not onely to qualify him felf for his civil Station, by learning and exercifing his Art or Trade, but alfo to learn the Ufe of Arms and military Difcipline. And as the City was furrounded with those, that were continually invading, or incroaching upon, the Liberties; the Citizens were obliged to per+ ambulate their Mears and Bounds, in complete Arms, once a Year, as they now ride them once in three Years. Hence, every Citizen, at his Admiffion, is to be worn under Arms, and obliged to furnish him self with and keep neceffary Arms; fo, that he is to be ready to maintain and defend the City, and all it's Rights and Liberties, not onely in the Citizen's Gown, that is, by his Counsel, but also in the Field, that is, by Force of Arms, whenfo ever he is legally called thereto.

THE

THE Duty of a Citizen will be further understood by confider ing the following Oath, which every Citizen is bound to take upon his Admiffion:

66

66

The OATH of a CITIZEN of Dublin.

OU fhall fwear, that you shall be good and true to our Sovereign Lord King GEORGE II. and to the Heirs of "our fayed Sovereign Lord the KING; obeyfant and obedient 66 you shall be to the MAYOR and Minifters of this City: The "Franchises and Customs thereof you fhall maintain, and this "City keep harmless in that, that in you is: You fhall be con"tributory to all Manner of Charges within this City, as Sum"mons, Watches, Contributions, Tafks, Tallages, Lot and "Scot, and all other Charges, bearing your Part as a Freeman "ought to do: You fhall color no foreign Goods, whereby the "KING. or this City might lose their Cuftoms or Advantages: "You shall know no Foreigner to buy or fell any Merchandifes "with any other Foreigner within this City or Franchises thereof, "but you shall warn the MAYOR thereof: You fhall take no Ap"prentice but if he be free-born, that is to fay, no Bondsman's "Son, and for no less Term than for seven Years: Within the "first Year you fhall cause him to be inrolled, and at his Term's "End you shall make him free of this City, if he have well and "truly served you: You shall also keep the KING's Peace in your "own Person, and fhall always, whilft you are able and in your "Power, keep a good Musket, Carbine or Fufee, in good, clean " and fufficient Order: You fhall know no Gatherings, Conven❝ticles, nor Confpiracies made against his Majefty's Peace, but you fhall warn the MAYOR thereof, or let it to your Power: "You fhall not be free Baker, Butcher or Fisher, without you pay Custom; and whatsoever Office that you be lawfully called "unto within the fayed Franchises, you shall not refufe. All "these Points and Articles you fhall well and truly keep accord"ing to the Laws and Customs of this City, to your Power. "GOD you help, and by the holy Contents of this Book.

66

"GOD fave the KING."

So

THE Inftitution, Office and Duty of a Citizen being thus explaned, I shall now pursue the Order propofed, and illuftrate those of the principal Officers of Corporations. And,

T

I. Of PROVOST and MAYOR.

HE Word Provost, in the Charters, called, Præpofitus, bears various Significations: Sometimes, We find it indifferently implies, a Grave, Greve, or, more modernly, Reeve, a Governor; alfo, a Warden, a Conftable, a Bailif, a Senefcal, or

other