The History of Lynn, Vol. 2 [of 2]Richards, William
History
The History of Lynn, Vol. 2 [of 2]
Richards, William
Fens, The (England); King's Lynn (England)
“Jan. 28. 1791, The case of the city of London against the
corporation of Lynn, came on to be argued in the court of king’s
bench. It was a writ of error from the court of common pleas where a
trial at bar was had on a _de essendo quietum de theolonio_ (of being
quit of toll) brought by the city of London, to assert the right of
their citizens being exempted from a toll on corn, demanded by the
corporation of Lynn. A verdict had been given for the city, and the
errors were assigned on the informality of the declaration. After
much argument by serjeant Le Blanc, for Lynn, and sergeant Adair, for
London, the court reversed the judgment, on the ground that the
declaration did not state that the city of London had received such
an injury on which an action could be maintained, the corporation of
Lynn having demanded, but not having received, or distrained for the
tolls in question.” {972}
Though our corporation, by this last decision, seem to have been relieved
from the payment of the heavy damages that would have resulted from the
first verdict, yet the whole affair must have been attended with no light
expence, which certain plans of economy subsequently adopted, and other
attendant appearances pretty clearly evinced. How much wiser had it been
to grant those two gentlemen their freedom at once, to which they were so
clearly entitled by the great benefit which the town derived from their
extensive mercantile exertions. Indeed the refusal of it was a piece of
flagrant injustice, as persons who contributed so much as they did to the
increase of our trade ought to have received in the town every possible
encouragement. The treatment they met with here, proves the
defectiveness of our corporation laws and borough charters, and how ill
adapted they are to the present state of society in this country.
Sheffield, Manchester, and Birmingham, where things are on a different
footing, sufficiently evince the inutility and folly of our borough laws
and establishments, and that they are, in fact, grievances and nuisances
rather than national benefits. Their abolition seems therefore an object
or event to be wished rather than deprecated.
Public-domain text, read in full here on John Shaqi.
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