case the city OF London against VANACRE refer to London joint stock bank v  corporation of London c p d c p d App Cas mercer v den Ch the bylaw of the  city of London that the election of sheriff shall be on midsummerday or in  case of vacancy on such day as the court of alderman shall appoint and that  the person elect be a freeman shall not be discharge from serve the office  unless be swear before the court of alderman that he be not worth l and verify  the oath by six compurgator and that if any freeman so elect shall not on be  proclaim on the husting before the lord mayor and six alderman or in the mayor  absence before eight alderman attend the next court and declare his acceptance  of the say office and give bind in l to perform it he shall forfeit l to be  recover in the mayor court of the city be a good bylaw S c Mod S c salk S c  Carth S c holt S c ld ray city of London v wood post show burr will upon a  habeas corpus direct to the mayor alderman and sheriff of London to remove the  body of Vanacre with the cause of detain he they return that the city of  London be a ancient city and county of itself and that the citizen of London  temps doubt have be a body politic know by diverse name that king John by his  charter grant to they the shirevewick of London and Middlesex and that they  shall make out of themselves who they please sheriff that great Charta and  diverse other statute confirm all their liberty that they have a custom to  make bylaws and that if any of they be defective or difficult to be understand  or if any matter arise for which a convenient remedy be want the commoncouncil  may take order touch the same that time out of mind there have be a court of  record before the mayor and alderman in the inner chamber of guildhall then  they return a Act of commoncouncil make car which repeal all former bylaws  touch the election of sheriff and appoint that the election shall be the  twenty four of June yearly and if in the interim there shall be a vacancy then  at such time and place as the Lord mayor and court of alderman shall modern  report appoint and that no freeman of the city so elect shall be exempt from  the execution of the office unless he voluntary take a oath before the court  of alderman that he be not worth ten thousand pound and bring six compurgator  with he such as the lord mayor and alderman shall approve of to swear that  they believe what he have swear be true and that if any freeman elect sheriff  and proclaim on the husting in the presence of the lord mayor and six alderman  or in his absence before eight alderman shall not come to the next court of  alderman and declare his consent and enter into a bind of one thousand pound  to the chamberlain to appear at the vigil of saint Michael and to accept the  office not have a reasonable cause to be allow by the Lord mayor and court of  alderman shall forfeit four hundred pound one hundred to be pay to the next  sheriff that shall hold the rest to the use of the mayor and commonalty to be  recover in the court of record hold before the mayor and alderman then the  return set forth that the defendant be choose and proclaim c and for his  default c a plaint be levy c holt chief justice deliver the opinion of the  court that the bylaw be good and a procedendo ought to be grant the principal  objection against the bylaw may be reduce to four and the first be that the  subject matter concern which this bylaw be make be not within the custom of  the city for the shirevewick of London and Middlesex be grant within time of  memory and therefore not within a custom which be immemorial and beside the  shirevewick of Middlesex be out of the jurisdiction of the city and therefore  their bylaw can extend to it as to the first part of this objection that no  bylaw can be make about this franchise because grant within time of memory I  answer that admit the custom will not warrant such a bylaw yet it may be make  of common right for of common right every corporation may make a modern report  er p bylaw concern any franchise grant to they because it be for the welfare  of the body politic a and include in the very Act of incorporation hob second  every corporation have a power to make a bylaw for the better government of  the place which be the very touchstone by which all bylaws be to be judge now  if it be for the advantage of the king and people to have substantial person  serve in this office this bylaw on that account be good the chamberlain of  London case b a Act of commoncouncil be make that all citizen and stranger  modern report who shall expose any cloth to sale in the city of London shall  bring it first to blackwellhall and hold a good bylaw both as to the citizen  and stranger because it be for the credit of the market and public good three  the very constitution of king James charter oblige the citizen to make bylaws  concern this election for the franchise be not only grant to they but that  they shall choose out of themselves who they please to be sheriff now it will  be in vain to give they a power to appoint the sheriff if they have not a  power to compel those who they shall appoint and the acceptance of the charter  oblige they to perform the term on which it be give and as every citizen be  capable of the benefit of the franchise so he must submit to the charge also  bret v Cumberland a and be take it that this franchise be a advantage to the  city for in king Charles the second time a surrender of it will have compound  for their franchise fourthly if they do not make such a election as the letter  patent appoint it be a forfeiture of the franchise for all franchise be grant  on condition that they shall be duly execute accord to the grant and if they  neglect to perform the term the patent may be repeal by to know facias  therefore it be necessary that they have a coercive power to compel person to  take the office upon they without custom or else the franchise will be lose to  the city but admit it can not be good without custom yet he be of opinion that  the bylaw be warrant by the custom though the subject matter of it have its  original within time of memory for general custom may be extend to new thing  which be within the reason of those custom Snellings case b be a authority in  point where by the custom of London executor may pay debt videlicet simple  contract in equal degree with bind and adjudge that administrator be within  the custom though create by Edward within time of memory because within the  same reason as to the objection that be may be indict for this refusal as be  the case of Larwood sheriff of Norwich I answer that will not be sufficient to  binder the forfeiture of the franchise for if there shall be a refusal when  the sheriff come to be swear then there will be a vacancy and a obstruction of  justice beside the penalty of the bylaw be for refuse to declare beforehand  whether he will hold at the time which be not indictable and not for refuse to  take the office upon he at the time as to the part of the objection that they  can make a bylaw modern report about the shirevewick of Middlesex I answer  though the execution of the office be without the city yet the interest of the  franchise be within the city as be a franchise belong to they and therefore  within their jurisdiction for it be their property and vest in they as the  body politic of the city the person to be choose be citizen and all act  necessary to be do towards it as appearance c be do in London the second  objection be that it be unreasonable to impose a oath on the party and more  unreasonable to find six compurgator and to be such as the lord mayor and  alderman shall approve of but I answer this be a ease to they from a burden  for every citizen be original compellable to serve and this excuse they if  they swear themselves not worth ten thousand pound which they be not compel to  do it be a voluntary oath which be not against law cro side and as to the have  six compurgator it be but in imitation of the commonlaw for though the book  mention twelve yet the course of the common plea be to have but a see strange  and I burr b   a cro James S c Poph S c Bulst S c godb S c roll Rep S c roll  Rep b   modern report er p six and it be reasonable the mayor c shall have the  refusal of they that they be not infamous person the three objection be that  the person choose be oblige to appear at the next court after his election  under the penalty of four hundred pound without a reasonable excuse to be  allow by the mayor and alderman I answer whatever excuse be make if they allow  it the city be bind by it and if they refuse to allow a reasonable excuse it  be not final for it may be plead or give in evidence in a action bring for the  penalty by the city for it be not the meaning of the commoncouncil to put a  arbitrary power in the lord mayor and alderman but be like the power give by  the statute of Henry c to commissioner of sewer to do several thing accord to  their discretion but that must be understand of a legal discretion   the four  objection that no provision be make for the party elect to have notice and be  may be in the country at a great distance or beyond sea I answer every citizen  be suppose to be a inhabitant and dwell there and present at all public  meeting and if he be not it be his own neglect of which he shall take no  advantage and as to the objection that all freeman be not present at the  election but only liveryman I answer it do not appear by the return that the  election be make by liveryman but must be intend to be by all the citizen but  admit it be every citizen be oblige to take notice of what they do because  they represent the whole they be virtual present and must take notice as all  people do of modern report parliament act the election of sheriff be a  notorious act and the proclamation of it on the husting be public in a prcipe  quod To give back summons on the land be sufficient so proclamation in the  county court in case of a outlawry though the party be remove into another  county if a man think he be liable to be choose and be at York he may get  somebody to inform he of it and to go to the court of alderman to to give he  time to appear otherwise such citizen at the time of election will get out of  the city on purpose to avoid be choose wherefore judgement that a procedendo  shall go