city OF London versus VANACRE Trin W see SC Mod e r with note Mod c Mod raym  Mod salk Mod Jones Jones cart vent side Mod Mod holt CJ this case now stand  for the resolution of the court it come before we upon a return to a habeas  corpus in which it be set forth that the city of London be a ancient city and  be a body politic and that king John by his charter do grant that the mayor  and alderman shall choose any of the freeman to be their sheriff then they  return the branch of great Charta which relate to the city and the several act  of confirmation c and that it have be a custom time immemorial for the mayor  and alderman to make new bylaws for the advantage of the city and that in  pursuance of that custom in the seven of holt KB er p king Charles the first a  Act of common Council be make by which it be enact in manner follow that the  election of sheriff shall be annual on midsummerday and that no citizen who be  elect shall be discharge unless he will take a oath he be not worth ten  thousand pound and that if the person elect shall not appear at the next court  and give a bind of l to take upon he the office of sheriff at the eve of saint  Michael take next follow or shall refuse to take upon he the say office or  shall not appear at the next court that then he shall forfeit l and if he do  not pay that sum within three month afterward that he shall forfeit l more  holt KB that Vanacre be choose sheriff such a day c but do not appear at the  next court either to take upon he the say office or to make a excuse for his  discharge by reason of which he have forfeit the sum of l and whether this Act  of common Council shall be so far Obligatory as to compel the payment of this  l be the question and though several objection have be make yet we be of  opinion that this be a good bylaw and that a prodend ought to go Obj it be  object that the mayor and alderman in common council have not power and  authority to make such a bylaw Obj that it impose hardship upon the citizen  themselves in respect to that oath which they be oblige to take Obj that it be  unreasonable that he shall forfeit if he do not appear at the next court and  hold unless they can excuse it which say they make they arbitrary Obj that  here be no provision make that the party shall have notice of this election  that he may have a opportunity to excuse himself now as to the first objection  we be of opinion that this privilege of make bylaws and ordinance be vest in  the city by common right if not by custom for that it concern the good and  better government of the city and every city and town corporate may by a  essential power inherent to their constitution make bylaws to the advantage of  the government of that body politic now it be for the advantage of the city to  have such a bylaw that the sheriff shall be man of substance that they may be  the better enable to execute so great a trust as to the second objection it be  so far from be a hardship upon the citizen that it be a relaxation of a burden  which lie on they before for heretofore though a citizen be worth never so  little yet he be bind to hold this office as to the three objection this part  of the bylaw be for the advantage of the citizen for that they may make any  reasonable excuse that be consistent with their constitution but suppose the  party who be choose sheriff make a good excuse and they will not allow it be  may either plead this or give it in evidence upon a action bring holt KB for  their discretion must be ground on reason and not be fanciful as to the four  objection I answer that every freeman and citizen be a member of the body  politic be suppose to be present where the whole body reside and though in  fact one of the member shall be absent yet it be his duty to be there and he  be suppose in law to be there he shall be oblige to take notice of this  election at his peril beside proclamation be make in the most notorious place  of the city videlicet on the husting where every person may take notice of it  we be all of opinion that this be a good bylaw and that Mr Vanacre have just  forfeit the sum of l for not comply with it see the argument in the case at  large