Attorney General v The Mayor and Corporation of Carlisle Dobinson v The Mayor and Corporation of Carlisle
| Jurisdiction | England & Wales |
| Judgment Date | 05 December 1828 |
| Date | 05 December 1828 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 851
HIGH COURT OF CHANCERY
S. C. 2 Sim. 427. on appeal, 8 L. J. Ch. (O. S.) 146. See Goodman v. Mayor, &c., of Saltash, 1882, 7 App. Cas. 642; In re Christchurch Inclosure Act, 1888, 38 Ch. D. 531.
Charity.
[437] the attorney-general v. the mayor and corporation of carlesle. dobinson v. the mayor and corporation of carlisle. Nov. 20, Dec. 5, 1828. [S. C. 2 Sim. 427, on appeal, 8 L. J. Ch. (O. S.) 146. See Goodman v. Mayor, &c., of Saltash, 1882, 7 App. Gas. 642; In re C'firintchurch Indosure Ad, 1888, 38 Ch. D. 531.] |32. icA. 16,0. Chanty. ' A grant from the Crown of certain privileges and property, for the defence of and preservation of peace within a city, is a charitable gift: Memble. An information and bill was filed, in this case, in which certain persons who were residents within the City and Liberties of Carlisle were both relators and Plaintiffs ; and the Defendants were the Mayor and Corporation of that city, together with James Willoughby, who was Clerk to the Commissioners under an Act of Parliament after mentioned, and William Nanson, who was the Clerk to the Corporation. It stated that, previoualy to and during the reigns of Henry 2d, Henry 3d and Edward 1st, the citizens of Carlisle held of the Crown, during its pleasure, the City of Carlisle and two mills in or near the same, and a fishery in the river Eden, in Cumberland, and, also, the toll of the county, together with the liberties, free customs, privileges and appurtenances to the city and other the premises belonging, at a rent of £5'2 per annum during the reign of King Hen. 2d, and at a rent of £60 per annum during the reigns of King Henry 3d and King Edw. 1st: that King Edw. 2rl, being desirous of im-[438]-proving the city, and of enabling the citizens to attend to their business in 852 ATTORNEY-GENERAL V. MAYOR, ETC., OF CARLISLE 2 SIM. M9. peace and quietness, made to them a grant of the city and other the premises, in fee, upon trust that they should provide for the peace of the city and its inhabitants; and that such grant was made by a charter, dated the 12th of May, in the 9th year of Edw. 2d, and which was, partly, as follows : " Know ye that, for the bettering of our City of Carlisle, and that our citizens of the same city may be able, for the time to come, to apply themselves to their business in the said city under greater tranquillity and in quiet, and may be the more fully animated to fortify and defend that city, if the city itself be specially committed to the custody of themselves, have granted to them, and, by this our Charter have confirmed, for us and our Heirs, the said city, and onr Mills of the same City, and our Fishery in the Water of Eden : To have and to hold, to them and their heirs and successors, citizens of that city, of us and our Heirs, at Fee Farm, together with the liberties, free customs, and all other things to the aforesaid City, Mills and Fishery in anywise pertaining, rendering thence, to us and our Heirs, yearly, at our Feast of St. Michael, eighty pounds for ever: We have also granted to them, and, by this our Charter have confirmed, for us and our Heirs, our vacant places within the aforesaid city and the suburbs thereof, and that they and their Heirs and Successors may build those places, or grant them to others, in Fee or otherwise, and thence make their profit, at their will, in aid of the aforesaid Farm ; and that they and their Heirs and Successors, Citizens of the aforesaid City, may be free of Toll, Pontage, Passage, Lastage, Wharfage, Carriage, Murage, Pannage, and Stallage of their Business and Merchandizes, through all our Kingdom." [439] The information and bill further stated that the citizens continued in the enjoyment of the premises, upon trust as aforesaid, until the 23d year of Edward the 3d, when they were interrupted in the enjoyment of some part thereof, by the sheriff of Cumberland; and that, thereupon, an inquisition as to the same was held; and that Edw. the 3d in the 26th year of his reign, made a Charter of Confirmation to the citizens, by which it was recited that the citizens of Carlisle had had, and been used to have, the several rights, privileges and immunities therein enumerated, some of which were the full return of all writs, a market and a fair, and trial of felonies ; and also to hold pleas of the Crown, and chattels of felons and fugitives ; and also common of pasture, and turbary on the King's Moor; and that they ought to be quit, through all the kingdom, of toll, pontage, passage, &o.; and that the citizens had a certain place to the city annexed, called the Battail Holme, which served for the market and fairs, and that they had had the aforesaid liberties and quietances from time to which memory did not exist, in aid of the citizens of the city, and of the farm of the same; and that they had the mill of the city, and the fishery of the king in the water of Eden, toll inward and outward, and the small farms of the city as parcels of the farm of the city; and that the citizens had had all the liberties and profits aforesaid from time to which memory was not: and His Majesty then granted...
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