case the king against Seymour and other a information for extortion grant  against justice of the peace for refuse to grant licence to publican unless on  the payment of ten shilling although this have be the practice of the borough  for twentyfive year before Seymour boyce Blatch and Duffield attend at the  king bench in order to receive judgement upon their be find guilty upon  several information chapel the junior judge have attend baron carter who try  the information report to the court that there be three several information  one against Seymour and boyce a justice of peace another against the same  Seymour and Blatch a justice of the peace and a three against the say Seymour  and Duffield a justice of the peace the offence state in the information be  matter of extortion use by Seymour modern er p and the three justice against  several foreigner who be settle in the corporation of Colchester and who have  apply to those three justice for licence to sell ale the proceed be thus  Seymour and these three justice meet in order to grant licence to sell ale  when the burgess apply they have their licence upon the common and ordinary  term but when any foreigner come for a licence the constable who be station to  guard the outward door suffer none but the foreigner who apply for a licence  to enter into the first room where Seymour be and the general question Seymour  put to the foreigner be whether he be Willing to pay ten shilling for his  licence if he refuse he be dismiss but if be agree to pay it to Seymour his  surety be call and he be admit to go along with they into the room to the  three justice where his recognizance be take and his licence grant these  information be try by three special jury of gentleman the fact charge be very  full prove upon the trial and there be above one hundred licence grant at the  rate of ten shilling apiece when chapel justice have certify as above sergeant  price and Mr Bootle move in mitigation of the fine that shall be set by the  court upon several affidavit to show quo mind the fact be do as that such fine  have be take for twentyfive year pass that this whole procedure be by the  consent and direction of all the other rule member of the corporation and that  the money be apply to public use as for repair bridge street c modern the  court suffer the affidavit to be read though it be oppose by the counsel on  the other side see Anonymous ante and king v sharpness term Rep a the court  this crime appear upon the information and the affidavit for mitigation to be  of a very high nature for here be three justice who be entrust by the Act of  parliament of the Edward c with a discretionary power to grant or refuse  licence to the person who apply for they see now the statute Geo b for each of  which the statute allow one shilling it appear there be several application  make for licence and that the justice grant they to anybody that be Willing to  pay ten shilling without any regard to the person whether he be qualify within  the intent of the Act or notSee king v filewood term Rep and king v holland  term Rep c there be indeed a distinction make between townsman and foreigner  the Iatter be oblige to pay much more than the former and there be no doubt  but that by the bylaws of a corporation in a great many instance foreigner may  be oblige to pay great fee than the townsman as for the set up of any trade c  but sell of ale be not a trade or the subject matter of any bylaw bold  publichouse be a trust repose in justice of the peace by the legislature and  when they execute it in this extraordinary manner neither the custom of do it  for twentyfive year before nor the application of the money to public purpose  nor the consent of the other rule member of the borough can excuse these  justice from the censure of this court therefore the three justice must be  fine one hundred pound each and Seymour who appear to be a agent or instrument  to the justice must be fine one hundred and twenty pound videlicet the sum of  forty pound on each information the justice and Seymour have in court all the  fine money except one hundred pound which they offer to pay but the court say  let they be gentleman of ever so large a fortune they must pay the whole fine  in court or be commit and check one of the clerk in court for propose to  undertake for the payment of the one hundred pound the justice then pay the  three hundred and twenty pound and give their note for the remain one hundred  pound which be accept by the court as payment modern er p