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Updated: May 18, 2025
The towns were now attacked by writs of "quo warranto," which called on them to show cause why their charters should not be declared forfeited on the ground of abuse of their privileges.
"Maria, you know that I can hold my own against almost anybody in the world but you; and although this place is far outside my parish boundaries, I felt that as the Uncle of the present owner so far at least as the lawyers have not snapped him up and the brother-in-law of the previous proprietor, I possessed an undeniable legal right quo warranto, or whatever it is called to look into all proceedings on these premises.
The influence of the governor in the legislature obtained the passage of such acts as were necessary for his purpose; but many petitions against them were laid before parliament; and the house of lords presented so decisive an address to her majesty on the subject, that a writ of quo warranto against the charter was directed.
"A private corporation," say the court, "created by the legislature, may lose its franchises by a misuser or a nonuser of them; and they may be resumed by the government under a judicial judgment upon a quo warranto to ascertain and enforce the forfeiture. This is the common law of the land, and is a tacit condition annexed to the creation of every such corporation.
They all know each other grin, smile, smirk, but don’t shake hands a polite reciprocity as they are none of the cleanest: cut little dry jokes about places and people unknown, and mix strange phrases here and there through the dialogue, about “demurrers and declarations, traversing in prox and quo warranto.” You perceive it at once it is very dreadful; but they are all attorneys.
And thence heard at the Council-board the City, by their single counsel Symson, and the company of Strangers Merchants, a debate the business of water-baylage; a tax demanded upon all goods, by the City, imported and exported: which these Merchants oppose, and demanding leave to try the justice of the City's demand by a Quo Warranto, which the City opposed, the Merchants did quite lay the City on their backs with great triumph, the City's cause being apparently too weak: but here I observed Mr.
Quo warranto proceedings were instituted by McClernand, with Douglas and others as counsel. The Supreme Court denied the Governor's power of removal. The Court became involved in the partisan battle which raged with genuine Western fervor for two years.
Before its dissolution the Council had authorized Morton, acting as its lawyer, to bring the case to the attention of the Attorney-General of England, who filed in the Court of King's Bench a complaint against Massachusetts, as a result of which a writ of quo warranto was issued against the Company. The outlook was ominous for Puritanism, not only in New England but in old England as well.
Edward watched jealously over the ground which the Crown had gained. The writs of "quo warranto" were roughly met here and there. Earl Warenne bared a rusty sword and flung it on the justices' table. "This, sirs," he said, "is my warrant. By the sword our fathers won their lands when they came over with the Conqueror, and by the sword we will keep them."
A writ of quo warranto was issued against the city; that is, an inquiry into the validity of its charter. It was pretended, that the city had forfeited all its privileges, and ought to be declared no longer a corporation, on account of two offences which the court of aldermen and common council had committed.
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